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HomeMy WebLinkAboutDA - 98-41100 • DEVELOPMENT AGREEMENT 3 02 5 00 98 41100 (Central Point Florist Remodel) This agreement, made and entered into this Ce>121day of ci'iu 1998, by and between the City of Central Point, Oregon, an Orego municipal corporation, hereinafter referred to as "City", and Central Point Florist, a private party located at Central Point, Oregon hereinafter referred to as "Developer". Recitals 1. Developer has submitted a site plan and building permit application for City approval of building rehabilitation and modernization, which approval is subject to certain conditions. 2. Rehabilitation and modernization includes surfacing an existing parking area which will have vehicular access to and an impact upon storm water drainage onto a public right-of-way (alley) between Third and Fourth Streets. 3. Before a building permit can be issued,the Public Works Department has stipulated that the Developer and City execute and file an agreement relating to the design and construction of improvements for the parking area and a portion of the alley associated with the development at issue. 4. Before a permanent Certificate of Occupancy can be issued, the requirements of the City Building Department shall be satisfied in accordance with the Central Point Municipal Code Chapter 15.04.050. Now, therefore, in consideration of the covenants herein exchanged, the parties agree as follows: Agreement 1. PROPERTY AFFECTED. This agreement affects property located 27.5 feet west of the intersection of Pine and Fourth Streets, in the City of Central Point,Jackson County, Oregon, according to the official plat thereof and more specifically described as T 37 R 2W 3DD, Tax Lots 11400 and 11401. 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. All construction plans and specifications prepared by the Developer for the noted improvements that are approved by the City; b. Terms and conditions contained in the City's Public Work Standards; c. Terms and provisions of the City of Central Point including the cost of improving a portion of the alley (including storm drainage) between Third and Fourth Streets; 1 -DEVELOPMENT AGREEMENT(082498) 98 411©0 d. All terms and conditions set forth herein; and e. Any applicable provisions of the Central Point Municipal Code. 3. CONDITIONS OF PERFORMANCE. In connection with this agreement,Developer shall abide by the following special provisions for improving this property and affected public property. A) Developer shall submit, for City approval, grading and drainage plans for parking area and alley access prior to construction. B) Within thirty (30)days of the execution of this agreement,the Developer shall enter into a deferred improvement agreement for the construction of street and storm drainage improvements for the portion of the 20 foot wide alley that commences at the northwest corner of the property to its connection with Fourth Street. If landscaping and irrigation is installed it shall be consistent with plans received and reviewed by City staff. 4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete each and every obligation contained herein within one (1) year 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: a. Inspection and testing of all storm drainage and water pipe; b. On site landscaping; c. Inspection signs and sign structures; d. Inspection and testing of the placement of surface material; e. Inspection and testing prior to placing any concrete; h. Inspection of other construction within public rights-of-way or easement. 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 2-DEVELOPMENT AGREEMENT(082498) 3/ 98 41100 • laws, which sums shall be due on a quarterly 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 Developer'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". 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. 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, staff report preparation 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 any public improvements in full compliance with the plan previously approved for the project, all conditions placed on 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. BUILDING AND OCCUPANCY PERMITS.Upon execution of this agreement and upon satisfaction of the security for performance requirements of Central Point Municipal Code 13.04.070, City may issue permanent occupancy 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 permits, or allowing the commencement of construction thereunder, furnish plans for lighting, landscaping and signage to City Hall. 3-DEVELOPMENT AGREEMENT(082498) 3 ` 98 ,41100 b. Developer must submit a plan for the protection of streets and improvements satisfactory to City, and shall assume all responsibility for any additional repair, or replacement 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. No permanent certificate of occupancy will be issued by City until final completion, approval and acceptance of the improvements by the City, in accordance with the entire Development Agreement. e. Developer shall not sell said lot or enter into any agreement for the sale of said lot, unless he has first furnished to the City written proof of the fact that he has advised a purchaser or prospective purchaser of this development agreement. 10. 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 hundred thousand dollars ($100,000.00) 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 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. In the event either party institutes legal proceedings for the purpose of enforcing the 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. 12. GRANTING SITE PLAN APPROVAL. It is understood by the parties that upon execution of this agreement and approval of related documents,the City will issue a building permit. 4-DEVELOPMENT AGREEMENT(082498) •48 4110 0 EXECUTED IN DUPLICATE, each party retaining an original. ' . entral Point, Oregon Developer 41, _," / , /- Mayor Rusty •McGrath ''.. S u='son entral Point Florist (-7hAn\--- Planning Dil+ ctor, Thomas F. Humphrey :44' 'r.. OFF I. )) .. ((( STATE OF OREGON ) :: `;' NOTARY i UBi'..;-OREGON ) `�`'• COMMIS` '. < NO "S--104 f ) ss. MY COMMISSIO?,: . ,. 2000 County of Jackson ) �- sq On the 31 day of 1998, before me personally appeared Rusty McGrath and Thomas F. Humphrey, who, being first duly sworn, each for himself and not for the other, did say that the former is Mayor of the City of Central Point, and the latter is the Planning Director of the City of Central Point, an Oregon municipal corporation, and that the foregoing instrument was signed on behalf ofsaid municipal corporation by authority of its City Council, and each of them ackn wled2ed hefffyoore oine instrument to be his or her voluntary act and deed. CKSOft� Recorded OFFICIAL RECORDS /fib-0i SEP 0 3 1998 Notary Public for Ore on 33 M My Commission Expires: s-/3-bc.J 9 rrhL�xJ}D cit COUNTY CLERK TATE OF OREGON ) ) ss. County of Jackson ) On thea? day ofau/ 1998,personally appeared before me the above-named Central Point Florist, an authorized representative, and acknowledged the foregoing instrument to be his voluntary act and deed. 1 y... OFFICIAL SEAL HELEN M SMITH • / :;^,1a' `:. NOTARY PUBLIC -OREGON �( 414-6:7;( . , COMMISSION IRES setc.15 ct949 Notary Public for Oregon - My Commission Expires: 9-,4v-- 9 5-DEVELOPMENT AGREEMENT(082498)