HomeMy WebLinkAboutSubdivision Improvements Jackson Creek Estates #3 Phase 2I
SUBDIVISION IMPROVEMENTS AGREEMENT
Jackson Creek Estates Subdivision, Unit No. 3 , Phase II
This agreement , made and entered into this / / day of
January, 1992 , by and between the City of Central Point , Oregon,
an Oregon municipal corporation , hereinafter referred to as
"City" , and Tom Malot Construction Co . , Inc . and Noel Moore, dba
W . L . Moore Construction Co. , hereinafter referred to as
"Subdivider" .
Recitals
1 . Subdivider has previously been granted tentative plat
approval by City for Subdivider ' s project known as Jackson Creek
Estates Subdivision, Unit No . 3 , Phase II , which approval is
subject to certain conditions .
2 . Subdivider has applied to City for final plat approval
of said subdivision project .
3 . Before final plat approval can be obtained, Central
Point Municipal Code Chapter 16 . 12 requires , among other things ,
that Subdivider and City execute and file an agreement relating
to certain improvements and repairs required to be made in the
subdivision at issue .
Now, therefore, in consideration of the convenants herein
exchanged , the parties agree as follows :
Agreement
1 . CONSTRUCTION. Subdivider shall construct or cause to be
constructed, at Subdivider ' s own expense , the subdivision and
improvements , described in and in compliance with , the tentative
plan previously approved for the project , all conditions placed
on tentative plan approval , all constructions plans , construction
specifications , terms and conditions contained in the City ' s
Public Work 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.
2 . SECURITY FOR PERFORMANCE. In connection with this
Agreement , Subdivider shall also submit to City , to assure his or
her full and faithful performance of all obligations hereunder ,
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one of the forms of security approved under Central Point
Municipal Code Chapter 16 . 12 . 080 . Subdivider has chosen the
following :
surety bond
XXX cash deposit
letter of credit
The sum agreed to secure Subdivider ' s performance hereunder is
$4, 020 , 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 .
3 . TIME ALLOWED FOR CONSTRUCTION. Subdivider shall
complete each and every obligation contained herein within 210
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 .
4 . REMEDIES UPON BREACH. In the event that Subdivider
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 Subdivider , 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 .
5 . INSPECTION OF WORE. Subdivider 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;
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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 .
6 . COSTS OF ADMINISTRATION AND INSPECTIONS . Subdivider
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 Subdivider ' s 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" .
h. Meetings with Subdivider , project engineer or
developer to review project , City standards , specifications ,
ordinances and procedures .
c . Providing Subdivider , Subdivider ' 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 modifications to the
construction of , the subdivision .
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 .
7 . ACCEPTANCE OF COMPLETED WOiJc. Upon completion of the
subdivision and improvements in full compliance with the
tentative plan previously approved for the project , all
conditions placed on tentative plan approval , all construction
3 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092 )
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 Subdivider , 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
Subdivider .
8 . GUARANTEE OF WORK. Subdivider 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 , Subdivider 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
Subdivider ' s satisfactory completion of warranty .
9 . BUILDING AND OCCUPANCY PERMITS. Upon execution of this
agreementand upon satisfaction of the security for performance
requirements of Central Point Municipal Code 16 . 12 . 080 , City may
issue building permits to Subdivider or purchasers of lots within
such subdivision concurrently with construction work upon the
subdivision improvements themselves , under the following terms
and conditions :
a . Subdivider 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 .
b . Subdivider 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 subdivision or any of the subdivision
improvements , as determined by City , as a result of the
construction performed under the building permits authorized .
c . Subdivider 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 .
4 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092 )
d . Subdivider 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 entire subdivision and improvements by the
City , in accordance with the entire Subdivision 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 Subdivision
Agreement and Central Point Municipal Code Chapter 16 . 12 shall
have been met .
e . Neither Subdivider , 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 .
10 . HOLD HARMLESS AND INSURANCE. Subdivider 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 in the within
subdivision or the construction thereof , and shall indemnify the
same against any such liability or responsibility . Subdivider
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 .
11 . MISCELLANEOUS PROVISIONS. This agreement contains the
entire agreement to which it relates and supercedes any prior
written or verbal agreements or representations ; this agreement
shall be binding upon the parties and their agents , successors
and assigns ; Subdivider shall not assign his 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 subdivision improvements described herein, including an
action against Subdivider , 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 .
5 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092 )
12 . 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 Subdivider
Tom lot Construction Co . , Inc .
B147/,�� `/ . , - B e
Mar Roger Westensee Tom Malot , President
44 W . L . Moore ConstructionnCo .
Q�Qi}4- h-CAAc_t�P ) By Vt ti�i \V "l es
Authorize epreserv3 tive Noel' Moore , President
STATE OF OREGON )
ss .
County of Jackson )
On the Ti day of January, 1992 , before me personally
appeared 1�c;F.�-(� L(J.a .54.241 ee and :'/--Iv 4 Pt?t IZ J)x i i ` ,
who , being first duly sworn, each for himself ant not fdf the
other , did say- that the former is 1r>'/) 1? and the
latter is the "--1‹?-,010Ti47itit of' the City of Central
Point , an Oregon 'mun'icipal 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 .
( cL; n(1 • t-E-1hZ x... 1
Notary Public for Oregon i / .�
My Commits oile,7iy'i-i. .:.::. . =(o , -
STATE OF OREGON ) _ CCCELl1; f,1GGR?^N
S s . NQ 1, ,�ZY P i LIC. - O.ZCGON
County of Jackson )
My Commission Expires
On the /'/ day of January , 1�9�, e oT're-rrie- peilly
appeared Tom Malot , who being first duly sworn , each for himself
and not for the other , acknowledged the foregoing instrument to
be his voluntary act and deed .
I 4_0+1 AI A A art i • _.•.0",A,,"4., •e:._e_-5? ,
i,1'"<, OFFICIAL SEAL
Notary P 'b 1 i f o r 0 reg _
SANDY J. G;"'YHILL
NOTARY PUBLIC — OREGON My Comm/ssion Expires : 1/- g-
;1/415-7/ 9
COMMISSION NO. 009395
MYCOMMISSIONcXP1RESNOV.8,1995
6 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092 )
STATE OF OREGON )
) ss .
County of Jackson )
On the / ay of January , 1992 , before me personally
appeared Noel Moore , who being first duly sworn , each for himself
and not for the other , acknowledged the foregoing instrument to
be his voluntary act and deed .
Notary Pu. i )for Oregon/
O=FICIAL sEA> My Commission Expires : //~
S J`1 NOlk:2, r LIC: - OREGON
CO'.:M.S-r; J NO. 009395
MYCOMM;SSION;XVIRESNOV,81995
7 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092 )