HomeMy WebLinkAboutDA 99-04404* •
DEVELOPMENT AGREEMENT p �
99-04404 (Central Point East Development, Phase 1) -_ t -
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This agreement, made and entered into this a(.p-day ofJQ.n , 1999, by and
between the City of Central Point, Oregon, an Oregon municipal corporatioeinafter referred
to as "City", and DeCarlow Homes, Inc., hereafter referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for Central
Point East Development Phase 1, a residential subdivision,as set forth in the Planning Commission
resolution approving said project, which approval is subject to certain conditions.
2. Developer has now applied to City for final plat approval for said development.
3. Before final plat approval can be granted, 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 Central Point East Development
Phase I, a residential subdivision, in the City of Central Point, Jackson County, Oregon, according
to the official plat thereof. 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. The Central Point Planning Commission resolution approving the tentative plan,
including all conditions contained in such approval;
c. Completion of all improvements as shown on the construction plans originally
approved on February 27, 1998 (and as subsequently revised and approved by the
City), as described in the Planning Commission Resolution No. 384, and as noted
in the Public Works Department's revised staff report dated May 19, 1997. This
work may also include any repair,replacement, or remediation of any installed items
as a result of inspection punch lists or noted deficiencies.
d. Terms and conditions contained in the City's Public Work Standards;
1 -DEVELOPMENT AGREEMENT(012099)
e. Terms and conditions contained in the Construction Permit;
.99-04404
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
$ 19.350.00 letter of credit
The sum agreed to secure Developer's performance hereunder and identified in Exhibit A is
$ 19.350.00, 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. 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, his bond or in the
manner the City assesses costs against properties benefitted by local improvement districts pursuant
to Chapter 11.04 for recovery of the costs of said completion. Such costs shall include all costs and
expenses described herein.
6. INSPECTION OF WORK. Developer has provided and, if necessary, shall
continue to 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 subbase rock;
2 -DEVELOPMENT AGREEMENT(012099)
99-04404 e. Inspection and testing of subbase rock prior to placing base rock;
f. Inspection and testing of base rock prior to placing surfacing;
g. Inspection and testing of the placement of the surfacing material;
h. Inspection and testing prior to placing any concrete; and/or
I. Inspection of other construction within public rights-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
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 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 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
3-DEVELOPMENT AGREEMENT(012099)
'99-04404
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 that the Developer does not repair or cause the
repair of any such deficiencies than the City shall cause the repair of such deficiencies to be
performed and shall seek such remedy for the Developer to recover all costs expended to complete
the necessary repair work as described herein. 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.
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 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 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
4-DEVELOPMENT AGREEMENT(012099)
9904404
improvements by the City, in accordance with the entire Development Agreement,
and agreed 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.
f. 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
additional insured parties therein. Such insurance policy may be canceled upon acceptance of work
by City.
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.
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.
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.
5-DEVELOPMENT AGREEMENT(012099)
99-04404
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point, Oregon Developer
By kJ ; 1( _ -1 , _41(. __ifi4t hp x------
.yor Bill Walton DeCarlow Homes, Inc.
Steve DeCarlow, President
CCAAA411k
Cityiministrator James H. Bennett
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1 ,�. OFFICIAL SEAL
STATE OF OREGON ) t ,m NOTARY
NA BUC GREGORY
�• COMMISSIONB
NO. 054004
) SS. MY COMMISSION EXPIRES MAY 13. 2000
County of Jackson ) =-- �- �-.1i
On the _day of 1999,before me personally appeared Bill Walton and James
H. Bennett, who, being first duly s , 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 City Administrator 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 r her voluntary act and deed.
cczca4—
Notary Public for Oregon /
My Commission Expires: S--/3 06
STATE OF OREGON )
) ss.
County of Jackson )
On the:-)b day of))f?.1999, personally appeared before me the above-named Steve DeCarlow,and
acknowledged the foregoing instrument to be his voluntary act and deed.
11—OF
.•.. , 1�J1GL^~ �''�+ FICIAL SEAL.'_ JUDY MABEix
N+ri: Puu1� for Oregon�' OTARY PUBLIC OREGONMy Commission Expires: 14-0.a
N, y OMMISSION NO. 313540
MY OMION EXPIRES JUNE 14, 2002
6-DEVELOPMENT AGREEMENT(012099)
99-.04404
CENTRAL POINT EAST PHASE 1 Exhibit
ITEM UNIT DESC. UNITS UNIT COST TOTAL
STREETS
street signs ea 9 $100.00 $900.00
traffic deliniation ea 1 $200.00 $200.00
sidewalk sq. ft. 2490 $5.00 $12,450.00
MISCELLANEOUS
benchmark ea 2 $500.00 $1,000.00
as-built drawings ea 1 $3,000.00 $3,000.00
CONSTRUCTION SUBTOTAL $17,550.00
10% CONTINGENCY $1,800.00
Total Bond Amount $19,350.00
1ock:on County, Oregon
Recorded
OFFICIAL RECORDS
JAN 2 7 1999
/0.so t-i
WCdst.Zv-)
COUNTY CLERK
. $ 1
99-61366 S
1. PARTIAL RELEASE FROM DEFERRED IMPROVEMENT AGREEMENT
`4 (Document No. 99-04403)
(Lot 49, Central Point East Subdivision, Phase 2)
The City of Central Point , Oregon, a municipal corporation,
hereby releases Lot 49 of Central Point East Subdivision, Phase
2 , from the terms and conditions of that certain "Deferred
Improvement Agreement" dated January 26 , 1999 , recorded in the
records of Jackson County, Oregon, as Document No . 99-04403 .
City of Central Point, Oregon
By At .P C'' c- th'-
Iyor Bill Walton
��
i
By
Jam H. Bennett
Cit Administrator
STATE OF OREGON )
ss .
County of Jackson )
On the 1O - day of December, 1999 , before me personally
appeared Bill Walton and James H. Bennett 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 City Administrator 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
}r„ .. t to Y..^_. h4 .c: vvl ii.-'ta �r rr-t �- ' ,on_r-7
OFFICIAL SEAL
DEANNA GREGORY `J,
� b NOTARY PUBLIC OREGO /4144•44-0* -
N Notary Public for/Ore on
COMMISSION NO. 054004 i My Commission Expire S-/3.66
i, MY COMMISSION EXPIRES MAY 13. 2030
<..�',7:----7;-:7.;,7,-.7:,: _ >�-�-
Jackppri €ounfy, Oregon
Recoreled
OFFICIAL RECORDS
Li,:.c 1 5 1 +) KEY T at COMPANY has recorded
1 this instrument by request as on ac-
: ay,v , commodation only, and has not exam-
fined it (or regularity and sufficiency or
i�� as to its effect upon the title to any
COUNTY CLERK real property that may be described
therein.
PARTIAL RELEASE FROM DEFERRED IMPROVEMENT AGREEMENT
(Document No. 99-04403)
(Lot 49 , Central Point East Subdivision, Phase 2)
The City of Central Point , Oregon, a municipal corporation,
hereby releases Lot 49 of Central Point East Subdivision, Phase
2 , from the terms and conditions of that certain "Deferred
Improvement Agreement" dated January 26, 1999 , recorded in the
records of Jackson County, Oregon, as Document No. 99-04403 .
City of Central Point, Oregon
n
ABY ; c4X ,'1
yor Bill Walton '
76
By
Jam L Bennett
Cit Administrator
STATE OF OREGON )
ss .
County of Jackson )
On the LDS day of December, 1999 , before me personally
appeared Bill Walton and James H. Bennett 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 City Administrator 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 voluntary act nd deed.
X40'1'. OFFICIAL SEAL /.
DEANNA GREGORY 1
- NOTARY PUBLIC-OREGON ; Notary Public for/Ore'on
... ' COMMISSION NO. 054004 I My Commission Expire 51--/3'Z16
MY COMMISSION EXPIRES MAY 13, 2000
I