HomeMy WebLinkAboutSatisfaction Development Agreement - 94-35609*November 1, 2016
Jackson County Official Records 2016-036149
R -RAG
Stn=O BARROWKL 11/01/2016 03:38:14 PM
$10 00 $20.00 $11.00 $5 00 $8.00 56.00 $63.00
$4.00
I, Christina Walker, county Clere for Jackson Ceunry, Oregon, carGiy
that the instrument identified herein was recorded in the Clerk
records. Christine Walker - County Clerk
CENTRAL
POINT
SATISFACTION OF DEVELOPMENT AGREEMENT
For
Forest Glen Subdivision, Unit III
Be it known by all present that the undersigned does hereby certify and declare that certain obligations
filed against the property listed below and attached to this release and showing the filing number of said
records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original
Development Agreement, between the City of Central Point and GaryT. Whittle entered into on July 6,
1994.
City of Central Point, November, 2016
Property located in the Forest Glen Subdivision, Unit III
Recording Number: 94-35609
Recording Date: October 05, 1994
Matt Samitore Date
City of Central Point
STATE OF OREGON
)ss.
County of Jackson
On the /S day of November, 2016, personally appeared before me the above-named, Matt Samitore,
and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central
Point.
Notary�Oregon.
OFFICIAL STAMP My Commission Expires:
CYNTHIA J 14
lop NOTARY PUBLICOREOON
COMMISSION NO. O60Y82
W C0Y10931011 ENO APE 011, 211111111
94-35609
DEVELOPMENT AGREEMENT
(Forest Glen Subdivision, Phase III)
This agreement, made and entered into this 6 day of
.1„1.. , 1994, by and between the City of Central
Point, Oregon, an Oregon municipal corporation, hereinafter
referred to as "City", and Gary T. Whittle, hereafter referred to
as "Developer".
Recitals
1. Developer has previously been granted tentative plan
approval by City for a 48 -lot subdivision, as set forth in
Planning Commission Resolution No. 285 which approval is
subject to certain conditions.
2. Developer has applied to City for final plat approval of
said subdivision.
3. Before final plat approval can be obtained, Central
Point Municipal Code Chapter 16.36 requires, among other things,
that Developer and City execute and file an agreement relating to
certain improvements and repairs required to be made in the
development at issue.
Now, therefore, in consideration of the covenants herein
exchanged, the parties agree as follows:
Aareement
1. PROPERTY AFFECTED. This agreement affects Phase III of
Forest Glen Subdivision, Central Point, Jackson County, Oregon,
according to the official plat of record. This agreement shall
be recorded, and is intended to attach to, and shall run with the
land. In addition, all subsequent purchasers and Developer's
heirs, successors and assigns shall be bound by this agreement.
2. CONSTRUCTION. Developer shall construct or cause to be
constructed, at Developer's own expense, the improvements,
described in and in compliance with, the following:
A. The tentative plan previously approved for the project,
including all conditions placed on such tentative plan approval;
B. Central Point Planning Commission Resolution No. 285 ,
dated April 15 , 1994;
C. All construction plans and specifications;
1 - DEVELOPMENT AGREEMENT (063094)
94-35609
D. Terms and conditions contained in the City's Public Work
Standards;
E. Terms and conditions contained in the Construction
Permit;
F. All terms and conditions set forth herein; and
G. Any applicable provisions of the Central Point Municipal
Code.
3. SECURITY FOR PERFORMANCE. In connection with this
agreement, Developer shall also submit to City, to assure their
full and faithful performance of all obligations hereunder, one
of the forms of security approved under Central Point Municipal
Code Chapter 16.12.080. Developer has chosen the following:
surety bond
cash deposit
XXX letter of credit
The sum agreed to secure Developer's performance hereunder is
$214,200, which sum is hereby deemed sufficient to cover the cost
of the improvements and repairs, including related engineering
and incidental expenses, administrative expenses, inflationary
costs. and the cost of citv inspections.
4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete
each and every obligation contained herein within 60 days from
the date of the execution of this agreement. Said period may, in
the sole discretion of City be extended, in writing, for a
reasonable time thereafter. In the event that City extends the
time for completion, the City may also, in its discretion,
require an increase in the amount of security for performance of
the project, whether it be by surety bond, cash deposit or letter
of credit.
5. REMEDIES UPON BREACH. In the event that Developer shall
fail, in any way, to perform the obligations required herein,
City shall have all remedies available under local, state and
federal law, including, but not limited to, completing or causing
completion of all obligations hereunder and proceeding against
Developer, his letter of credit, his cash deposit or his bond for
recovery of the costs of said completion. Such costs shall
include all costs and expenses described herein.
6. INSPECTION OF WORK. Developer shall provide access to
City to conduct inspections, including, but not limited to, the
following:
2 - DEVELOPMENT AGREEMENT (063094)
94-35699
a. Inspection and testing of all storm drainage,
sanitary sewer pipe, water pipe and fire hydrants;
b. T.V. inspection of all sanitary sewer and storm
drainage pipes;
C. Inspection and testing of trench backfilling for
water pipes, storm drains and sanitary sewers;
d. Inspection and testing of subgrade prior to placing
street rock base;
e. Inspection and testing of base rock prior to placing
surfacing;
f. Inspection and testing of the placement of the
surfacing material;
g. Inspection and testing prior to placing any
concrete;
h. Inspection of other construction within public right
of way or easement dedicated or to be dedicated.
7. COSTS OF ADMINISTRATION AND INSPECTION. Developer
agrees to pay City for the costs of administration and inspection
of the project to the extent that the same are reasonably related
to City's assuring compliance with the plans and specifications,
the Central Point Municipal Code, the within agreement, and all
other applicable standards, rules, regulations and laws, which
sums shall be due on a monthly basis and shall be paid within 10
days of billing. Failure to pay such sums shall be grounds for
withholding acceptance of completed work and/or proceeding
against Developers' security for performance. Such
administration and inspection costs shall include, but not be
limited to the following:
a. All inspections and testing done pursuant to the
previous paragraph, entitled "Inspection of Work".
b. Meetings with Developer, project engineer or
contractor to review project, City standards, specifications,
ordinances and procedures.
C. Providing Developer, Developer's representative or
any jurisdictional, governmental, or utility entity with
information on existing conditions, facilities, and capital
improvements required.
d. Reviewing all construction drawings, engineering or
specifications for the construction of, or modification to the
construction of, the improvements.
3 - DEVELOPMENT AGREEMENT (063094)
94-35609
e. Reviewing existing as -built information to assist in
determining the location of existing facilities.
f. All costs of application review and processing,
including, but not limited to, administrative and legal staff
time costs, plan checks, construction inspection and preparation
of agreements, to the extent that the same are in excess of the
filing fee.
8. ACCEPTANCE OF COMPLETED WORK. Upon completion of the
improvements in full compliance with the tentative plan
previously approved for the project, all conditions placed on
tentative plan approval, all construction plans, construction
specifications, terms and conditions contained in the City's
Public Works Standards, terms and conditions contained in the
construction permit, together with all terms and conditions set
forth herein and any applicable provisions of the Central Point
Municipal Code, the Public Works Director, or his designee, shall
perform an inspection. If all work is found to be satisfactory,
and all deficiencies, if any, have been cured by Developer, the
Public Works Director shall issue a written acceptance of
completed work. Upon such acceptance, the City Administrator
shall be authorized to release any surety bond, cash deposit or
letter of credit posted by Developer.
9. GUARANTEE OF WORK. Developer guarantees, for a period
of two years from acceptance of completed work, that all
improvements hereunder shall be free from defects in materials
and workmanship. Prior to the expiration of said warranty
period, City shall determine if any materials or workmanship
deficiencies exist, and at City's request, Developer shall repair
or cause the repair of all such deficiencies. In the event there
are no deficiencies, or upon approval of any necessary repairs,
City shall issue a written document certifying Developer's
satisfactory completion of warranty.
10. BUILDING AND OCCUPANCY PERMITS. Upon execution of this
agreement and upon satisfaction of the security for performance
requirements of Central Point Municipal Code 16.12.080, City may
issue building permits to Developer concurrently with
construction work upon the improvements themselves, under the
following terms and conditions:
a. Developer must, prior to commencing construction
under any such building permits, or allowing the commencement of
construction thereunder, furnish a survey performed by a
registered professional land surveyor meeting the requirements of
state law, setting out the property corners for the lot for which
the building permit or permits are to be issued, with either iron
pins or wood stakes establishing said corners.
4 - DEVELOPMENT AGREEMENT (063094)
94-35609
b. Developer must submit a plan for the protection of
streets and improvements satisfactory to City, and shall assume
all responsibility for any additional or corrective work that may
be necessary to the improvements, as determined by City as a
result of the construction performed under the building permits
authorized.
C. Developer must indemnify and hold the City harmless
from any and all liability by reason of the issuance of any such
building permits or any injuries or damages incurred by any
person by reason of construction under the permits or any claims
of any sort arising out of the issuance of the building permit
and construction performed thereunder.
d. Developer shall not sell any of said lots or enter
into any agreement for the sale of any such lots, unless he has
first furnished to the City written proof of the fact that he has
advised a purchaser or prospective purchaser that no certificate
of occupancy will be issued by City until completion, approval
and acceptance of the improvements by the City, in accordance
with the entire Development Agreement, and agree to assume full
and complete liability and hold City harmless by reason of the
refusal by the City to issue any such certificate of occupancy
until the provisions of the Development Agreement and Central
Point Municipal Code Chapter 16.36 shall have been met.
e. Neither Developer, nor any person on his behalf,
shall allow another person to occupy any lot or improvements
thereon until City has issued a certificate of occupancy.
11. HOLD HARMLESS AND INSURANCE. Developer agrees to hold
harmless City and its duly elected and appointed officials,
employees, agents and assigns from any and all liability or
responsibility by reason of any omissions, errors, or deletions
on the plans and specifications for the improvements or the
construction thereof, and shall indemnify the same against any
such liability or responsibility. Developer shall obtain and
maintain a policy of liability insurance coverage with policy
limits in the sum of not less than one million dollars
($1,000,000.00) combined single limit, naming City and its duly
elected and appointed officials, employees, agents and assigns,
as insured parties therein.
12. MISCELLANEOUS PROVISIONS. This agreement contains the
entire agreement to which it relates and supersedes any prior
written or verbal agreements or representations; this agreement
shall be binding upon the parties and their agents, successors
and assigns; Developer shall not assign his rights under the
terms of this agreement without the express written approval of
City.
5 - DEVELOPMENT AGREEMENT (063094)
94-35609
In the event either party institutes legal proceedings for
the purpose of enforcing the within agreement or seeking damages
for the breach hereof, or to recover the cost of completion of
the improvements described herein, including an action against
Developer, his bond, cash deposit or letter of credit, the
prevailing party shall be entitled to recover attorney fees and
costs incurred at trial and on appeal in reasonable sums to be
determined by the respective courts.
13. GRANTING FINAL PLAT APPROVAL. It is understood by the
parties that upon execution of this agreement and related
documents, City will issue final plat approval.
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point, Oregon
By
MayoV'Roger Westensee
-Z;i.CL ,42j � '--&
Authorized) Re�e�ntative
STATE OF OREGON )
ss.
County of Jackson )
Developer
���
elloper��
'eZ6
Gary iD TWhittle
On the (ytl- day of l , 1994, before me
personally appeared Roger W sensee and �_,
who, being first duly sworn, each for himself sabot for the
other, did say that the former is Mayor, o the Cityn.� f, -Central
Point, and the latter is the �l Lt�l�ca� of the
City of Central Point, an Oregon municYpal corporation, and that
the foregoing instrument was signed on behalf of said municipal
corporation by authority of its City Council, and each of them
acknowledged the foregoing instrument to be his or her voluntary
act and deed.
OFFICIAL SEAL Notary Public for Oregon
CC-CELIA M. GORDON
NOTARY PUBLIC -OREGON My Commission Expires: & I (o I q1'7
COMMISSION NO.021206 '
MY COMMISSION EXPIRES MAR.06,1997
6 - DEVELOPMENT AGREEMENT (063094)
94-35609
STATE OF OREGON )
) ss.
County of Jackson )
On the �y_ day of (�J� , 1994, personally
appeared before me the above-naml Gary T. Whittle, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
O"ICIAL SEAL
SANDY 1 LOMMEL Notary Pu c r Oregon
NOTARY PUBLIC - OREGON M Commis On x fres •�
COMMISSION NO. A009395 y p
MY COMMISSIONE%PIIIBSNOVS,1995
7 - DEVELOPMENT AGREEMENT (063094)
94-35609
LETTER OF CREDIT NO. 95
001-109243-90003
To: The City of Central Point
aoPy
Approved b+� C,�
A}}�rne� on 7/6174
D,;1 ,-now l 5Gau1c1`l
/^ C41 saiF�-- o -
716104
r.7/6/94
July 5, 1994
We hereby open our irrevocable Letter of Credit in your
favor for the sum or sums not exceeding the total amount of
$214,200.00.
This Letter of Credit is issued at the request and for
the account of our customers, Crown West Development.
The Letter of Credit is available to you only upon:
1. Your sight draft for any sum not exceeding the
face amount of this Letter of Credit.
2. Your statement executed by the City Manager or
City Attorney of the City of Central Point, Oregon
certifying:
The undersigned hereby certifies that Crown West
Development, defaulted under their obligation to
construct those improvements described in that
certain agreement between Crown West Development,
and the City of Central Point, Oregon, dated
July 5 „ 1994, which agreement concerns Forest
Glen Subdivision.
Each draft must bear on its face the clause, "Drawn
under Letter of Credit No. 95, dated July 5, 1994, of Bank
of Southern Oregon."
THIS LETTER OF CREDIT EXPIRES AND IS VOID UNLESS DEMAND
IS MADE HEREUNDER ON OR BEFORE SEPTEMBER 5, 1995, AT BANK OF
SOUTHERN OREGON, 1455 EAST McANDREWS ROAD, MEDFORD, OREGON
97504.
�/ / 1455 Fast McAndrews • Medford, Oregon 97504 • (503) 776-7480
/ 94-35609
Letter of Credit No. 95
July 5, 1994
Page Two
We hereby agree that any draft(s) drawn under and in
compliance with this Letter of Credit, and before the
expiration date of September 5, 1995, will be duly honored
so long as the amount(s) thereof do not exceed the total
credit extended.
MN: ata
Very tr y y urs
Michael Neyt
President
Oftm
Recmw
OffICLAL RECORDS
OCT5,1 I 5 1994,
KATHLEEN S. BECKETT
A •