HomeMy WebLinkAboutDevelopment Agreement - Countryside Village* DEVELOPMENT AGREEMENT
(Countryside Village Subdivision, Unit No. 1 )
This agreement, made and entered into this 1 day of
ltrry , 1994, by and between the City of Central
Point, Oregon, an Oregon municipal corporation, hereinafter
referred to as "City" , and Terry Buntin, Rich B . Rogers and
George G. Cota, hereafter referred to as "Developers" .
Recitals
1 . Developers have previously been granted tentative plan
approval by City for an 33-lot subdivision, called "Suburban
Subdivision" as set forth in Planning Commission Resolution No.
269 , dated DecemhPr 21 , 1993 , which approval is subject to
certain conditions.
2 . Developers have applied to City for final plat approval
of said subdivision, but have changed the name to Countryside
Village Subdivision, Unit No. 1 .
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:
Agreement
1 . PROPERTY AFFECTED. This agreement affects Unit No. 1 of
Countryside Village Subbdivision, 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
Developers ' heirs, successors and assigns shall be bound by this
agreement .
2 . CONSTRUCTION. Developers shall construct or cause to be
constructed, at Developers ' 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. 269 ,
dated December 12 , 1993 ;
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C. All construction plans and specifications;
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, Developers 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 . Developers have chosen the following:
surety bond
xX cash deposit
letter of credit
The sum agreed to secure Developers ' performance hereunder is
$ 3 .700.00 , 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 city inspections.
4 . TIME ALLOWED FOR CONSTRUCTION. Developers shall
complete each and every obligation contained herein within 180
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 Developers
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 Developers, their letter of credit, their cash deposit or
their bond for recovery of the costs of said completion. Such
costs shall include all costs and expenses described herein.
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6 . INSPECTION OF WORK. Developers shall provide access to
City to conduct inspections, including, but not limited to, the
following:
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. Developers
agree 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 Developers, project engineer or
developer to review project, City standards, specifications,
ordinances and procedures.
c. Providing Developers, Developers' representative or
any jurisdictional , governmental , or utility entity with
information on existing conditions, facilities, and capital
improvements required.
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d. Reviewing all construction drawings, engineering or
specifications for the construction of, or modification to the
construction of, the improvements.
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. Developers guarantee, 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, Developers 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
Developers' 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 Developers concurrently with
construction work upon the improvements themselves, under the
following terms and conditions:
a. Developers must, prior to commencing construction
under any such building permits, or allowing the commencement of
construction thereunder, furnish a survey performed by a
4 - DEVELOPMENT AGREEMENT ( 061594)
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.
b. Developers 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. Developers 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. Developers 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 Developers, nor any person on their 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. Developers agree 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. Developers 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
5 - DEVELOPMENT AGREEMENT (061594)
and assigns; Developers shall not assign their rights under the
terms of this agreement without the express written approval of
City.
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 Developers
BY &.e., sue 7:40.20117.
Mayr Roger Westensee /1`kff'y L:2If AA • • /2 g
unman
Aut or • R-•presen€ative Rich B. .,,ers
(-2
Gorge G./ Co-Ea
STATE OF OREGON
ss.
County of Jackson
On the day of , 1994 before me
personally appeared Roger estenl�ee and SA nJ D y AOM M E 1.
who, being first duly sworn, each for himself 4nd not for the
other, did say that the former is Mayor of the City of Central
Point, and the latter is the Av1-4-4 Ri7F! ktPPJrq i ,r. of the
City of Central Point, an Oregon municipal 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
OFFICIAL SEAL et_telti;ri v Y l
CFCr:L1A M.CORDON
NOTARY PUBuc-ORE3ON
Y COMMISSION NO.021206 NotaryPublic for Cre on
MY COMMISSION EXPIRES MAR.06,1997 My Commission Expires: 3/ /q7
6 - DEVELOPMENT AGREEMENT ( 061594)
STATE OF OREGON )
ss.
County of Jackson ) " � "" �
On the al day of ()CAAi-- , 1994 , personally
appeared before me the abovhamed Terry L. Buntin, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
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OFFICIAL SEAL
;! <. L../
:"ti CEECELIAM.GORDON Notary Public for Oregon
� � NOTARYP1JBLIC OREGON My Commission Expires: a /9 7
COMMISSION N0.021206
MY COMMISSION EXPIRES MAR.06,1997
STATE OF OREGON )
ss.
County of Jackson )
On the 1 day of , 1994, personally
appeared before me the abovnamed Rich B. Rogers, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
+,, ) . Ir
OFFICIAL SEAL r • - i
f.--.4; CEECELIA M.GORDON
C�tx` I NOTARYPUELIC OREGON Notary Public for Oregon
MY OMMS8ONEXPRESMAR.MMISSION12006,�997 q„,e_ke_;-,My Commission Expires: 3/ /97
STATE OF OREGON )
ss.
County of Jackson )
On the 2y day of ( Lo . , 1994, personally
appeared before me the abov$-named George G. Cota, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
/
OFFICIAL SEAL Notary P : is 'r Oregon
•'+1' SAM.)Y 1. LOMMEL
' "= nOIAR'i PUBLIC - CP.!:
1'.,.N My Commi ion pires: //-c'- ls"
CUmM SION NO. A009395
MYCOMM:SSIONEXPIRES FlOY3,W95
7 - DEVELOPMENT AGREEMENT ( 061594 )