HomeMy WebLinkAboutDA 99-38137* 99-3813`7 /C" 40
595XCPDV #595—I-5 &Freeman Rd. at East Pine
06/14/99 2:17 PM Central Point,OR
DEVELOPMENT AGREEMENT
(Mountain View Plaza)
This Development Agreement is made and entered into this 5 day of
vcve , 1999, by and between the City of Central Point, Oregon, an Oregon
municipal corporation, hereinafter referred to as "City," and Mountain View Plaza, L.L.C., an
Oregon limited liability corporation, hereinafter referred to as "Developer" (this "Agreement").
RECITALS
1. Developer has previously been granted tentative plan approval by City for site
plan review of a commercial shopping center 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 improvement plan and building permit
approval for said development.
3. Before building permit approval can be granted, Central Point Municipal Code
Chapter 17.72 directs, 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 property located east of the
Freeman Road and Oak Street intersection, more specifically described as Township 37
Range 2W Section IOBB, Tax Lots 1100, 1200, 1300, and 1400 in the City of Central Point,
Jackson County, Oregon, according to the official plat thereof. This Agreement shall be
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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 site plan previously approved for the project, including all conditions
placed on such site plan review approval;
b. The Central Point Planning Commission resolution (Resolution No. 427)
approving the site plan, including all conditions contained in such approval;
c. Completion of all improvements as illustrated on all of the construction
plans and specifications (including, but not limited to, all site improvements and
improvements to Freeman Road and the Freeman Road/Oak Street intersection);
d. Terms and conditions contained in the City's Public Work Standards and
as detailed in the staff report for the project (and as further clarified in the letter dated
July 20, 1998);
e. Terms and conditions contained in the building, electrical, plumbing,
mechanical and public works permits issued;
f. All terms and conditions set forth herein; and
g. Any applicable provisions of the Central Point Municipal Code.
3. SECURITY FOR PERFORMANCE. Developer shall complete each and every
obligation contained herein. City may require at a later date that the Developer submit to City, to
assure the Developer's full and faithful performance of all obligations hereunder, a form of
security for performance (i.e. surety bond, cash deposit, or letter of credit), which sum shall be
deemed by the City to be sufficient to cover the cost of the improvements and repairs to be
constructed, 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 240 days from the date of the execution of this
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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, at 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
anyway, 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, 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;
i. All building, electrical, plumbing, mechanical and other inspection
required by the City's Building Department
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
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are reasonably related to City's assuring compliance with the plans and specifications, the
Central Point Municipal Code, 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 Developers' security for performance. Such administration and inspection
costs shall include, but not limited to the following:
a. All inspections and testing done pursuant to the previous paragraph,
entitled "Inspection of Work ".
b. Meetings with Developer, engineers, architects, or contractors 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.
S. ACCEPTANCE OF COMPLETED WORK. Upon completion of the
improvements in full compliance with the site plan previously approved for the project, all
conditions placed on site plan approval, all construction plans, construction specifications, terms
and conditions contained in the construction permits issued, 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
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be satisfactory, and all deficiencies, if any, have been cured by Developer, the Public Works
Director shall issue a written acceptance of completed work.
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. In the event that the Developer does not repair
or cause the repair of any such deficiencies, then the City shall cause the repair of such
deficiencies to be performed and shall seek such remedy from the developer to recover all costs
expended to complete the necessary repair work.
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 submit a plan for the protection of streets and
improvements satisfactory to City, and shall assume all responsibility for any additional
repair, replacement, or corrective work that may be necessary to the streets and
improvements, as determined by City as a result of the construction performed under the
permits authorized.
b. Developer must indemnify and hold the City harmless from any and all
liability by reason of the issuance of any such 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 permits and construction performed thereunder.
c. No Certificate of Occupancy will be issued by City until final completion,
approval, and acceptance of the improvements by the City (including all required
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improvements to Freeman Road and the intersection of Freeman Road and Oak Street), in
accordance with the entire Development Agreement, unless otherwise approved for
issuance by the City's Administrator, Public Works Director, and Building Official.
d. Neither Developer, nor any person on his behalf, shall occupy or allow
another person to occupy any of the improvements on the Development 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.
In the event either party institutes legal proceedings for the purpose of enforcing this
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.
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13. GRANTING FINAL APPROVAL. It is understood by the parties that upon
execution of this Agreement and related documents, City will issue final development site plan
approval.
EXECUTED IN DUPLICATE, each party retaining an original.
CITY: DEVELOPER:
City of Central Point, Oregon,
an Oregon municipal corporation
By: / /
c Qtrab,,,
/ Bill Walton Mayor
By: Mountain Kew Plaza, L.L.C.,
Jar H. Bennett an Oreg i 'ted liabili`rporation
Ci Administrator
By:
rs A. Galin
ember
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• �^OFFICIAL SEAL
DEANNA GREGORY J
STATE OF OREGON ) " NOTARY PUBLIC-OREGON
;t COMMISSION NO. 054004
) SS. " MY COMMISSION EXPIRES MAY 13, 2000 L
County of Jackson
On the lS day of ome . 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, Oregon, 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
and deed.
Notary Public for Oreg
My Commission Expires: 5-1 3
STATE OF OREGON )
) ss.
County of Jackson )
On the /✓ day of r /UNC , 1999, personally appeared before me the above-
named Cris A. Galpin, and acknowledged the foregoing instrument was signed on behalf of
Mountain View Plaza, L.L.C., by authority of its governing board, and he acknowledged the
foregoing instrument to be his voluntary act and deed. / f
_ atitb
•
, iTICIAL SEAL r Notary Public for Oregon
;
L. ARLENELAROSA r
� ) My Commission Expires:47 - +
vs; ``xt. NOTARY PUBLIC-OREGON
COMMISSION NO. 060384
Lit.}.CMMISSION EXPIRES DEC. 22, 2000 1)
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
JUL 201999
UNTY CLERK