HomeMy WebLinkAboutDA 99-32023* 99-32023
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DEVELOPMENT AGREEMENT
(Church of Jesus Christ of Latter Day Saints)
This agreement, made and entered into this `day of J vim{, , 1999, between
the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as
"City", and Church of Jesus Christ of Latter Day Saints, hereafter referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for site plan
review of an LDS Temple 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 at the southeast
corner of Taylor and Grant Roads more specifically described as Township 37 Range 2W Section
IOBB,Tax Lot 400 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 site plan previously approved for the project, including all conditions placed on
such site plan review approval;
b. The Central Point Planning Commission resolution approving the site plan, including
all conditions contained in such approval;
c. All construction plans and specifications; 5UBMto/y/q9 ►u cor.13U&C to/J240_
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d. Terms and conditions contained in the City's Public Work Standards and elaborated
upon in the staff report for the project;
e. Terms and conditions contained in the building, electrical, plumbing, mechanical and
public works permits issued;
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f. All terms and conditions set forth herein; and
g. Any applicable provisions of the Central Point Municipal Code.
3. TIME ALLOWED FOR CONSTRUCTION. Developer 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.
4. 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.
5. 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.
6. 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, 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
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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, construction inspection and
preparation of agreements,to the extent that the same are in excess of the filing fee.
7. 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 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.
8. 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.
9. 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:
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a. Developer 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.
b. 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.
c. 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.
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 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 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 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.
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12. GRANTING FINAL APPROVAL. It is understood by the parties that upon
execution of this agreement and related documents, City will issue final approval.
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point, Oregon Developer
By f0Q off__
Mayor Bill Walton Edward E. Hanson, Stake President
QfrLf2AiudtkL"----
Jas H. Bennett, City Administrator
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��,.�, OFFICIAL SEAL
STATE OF OREGON ) 4 ' - DEANNA GREGORY
''M0'- NOTARY PUBLIC-OREGON
) SS. `,ice . COMMISSION NO. 054004
County of Jackson MY COMMISSION EXPIRES MAY 13, 2000
---
On
On the day of \j t‘,Q, , 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 or her voluntary act d deed.
Notary Public for Ore
My Commission Expires: P/3-c i
STATE OF OREGON ) OS'`It•. OFFICIAL SEAL r'
^'s=., . . DEANNA GREGORY P.
) ss. NOTARY PUBLIC-OREGON i
County of Jackson ) „ ' COMMISSION NO. 054004
($ MY COMMISSION EXPIRES MAY 13, 2000 rt,
On the ', `day of LA z° , 1999, personally appeared before me the above-
named Edward E. Hanson, and acknowledged the foregoing instrument to be his voluntary act and
deed.
Jackson County, Oregon
Recorded 41
OFFICIAL RFCC''.DS
Notary Public for Oreg.
JUN 1 41999 My Commission Expires: s v5
a : Dl
COUNTY CLERK
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