HomeMy WebLinkAboutSatifaction DA 99-58334*November 1, 2016
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CENTRAL
POINT
Jackson County Official Records 2016-036152
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I, Christine Walker, County Clerk far Jackson County, crew, cerdy
that me instrument identified hemn was recorded in the Clerk
records.
Christine Walker- County Clerk
SATISFACTION OF DEVELOPMENT AGREEMENT
For
Country Meadows Estates Subdivision, Unit 3
Central Point
Be it known by all present that the undersigned does hereby certify and declare that certain obligations
filed against the property listed below and attached to this release and showing the filing number of said
records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original
Development Agreement, between the City of Central Point and DeCarlow Homes, Inc. entered into on
November 18, 1999.
City of Central Point, November 2016
Property located in the Township 37, Range 2W of the Willamette Meridian, Country Meadows Estates
Subdivision, Unit 3, Central Point, Jackson County, Oregon
Recording Number: 99-58334
Recording Date: November 23, 1999
Matt Samitore Date
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
On the day of November, 2016, personally appeared before me the above-named, Matt Samitore,
and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central
Point.
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CYNTHIA A YYEl1C8 My Commission Expires: OIOf OLP/0?0
NOTARY PUBLIC4XMGON
COMMISSION NO. 960N92
W COMM98ION ONO ANE 00 1010
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DEVELOPMENT AGREEMENT
(Country Meadows Estates Subdivision, Unit No. 3)
This agreement, made and entered into this jff�day of ,1999, between the
City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and
Steve DeCarlow/DeCarlow Homes, Inc., hereafter referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for Country
Meadows Estates Subdivision, Unit No. 3, 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 ofthe covenants herein exchanged, the parties agree as follows:
Agreement
1. PROPERTY AFFECTED. This agreement affects Country Meadows Estates
Subdivision, UnitNo. 3, in the City ofCentral 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 approved on July 22,
1999 (and subsequently revised), as described in the Planning Commission Resolution No. 394, and as
noted in the Public Works staff report dated July 9, 1997. This work may also include any repair,
1 - DEVELOPMENT AGREEMENT - (110499)
99-58334
replacement, or remediation ofany installed items as a result of inspection punch lists or noted deficiencies.
D. Terms and conditions contained in the City's Public Work Standards;
E. Terms and conditions contained in the Construction Permit;
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 ofall obligations hereunder, one ofthe
forms of security approved under Central Point Municipal Code Chapter 16.12.080. Developer has
chosen the following:
surety bond
cash deposit
-9 Qko.tap letter of credit
The sum agreed to secure Developer's performance hereunder is 26.60 which sum is hereby deemed
sufficient to cover the cost ofthe 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 ofthe execution ofthis 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 ofthe 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 ofthe 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;
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99.58334
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;
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 ofway 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 ofthe 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 quarterly basis and shall be paid within 10 days of billing. Failure to pay such sums shall be
grounds for withholding acceptance ofcompleted work and/or proceeding against Developers' 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 ofexisting
facilities.
F. All costs ofapplication review and processing, including, but not limited to, administrative
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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.
8. ACCEPTANCE OF COMPLETED WORK. Upon completion ofthe 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 construction permit, together with all terms and conditions set forth herein and any applicable
provisions ofthe 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 ofcompleted work. Upon such
acceptance, the City Administrator shall be authorized to release any surety bond, cash depositor 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 ifany 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 ofsuch deficiencies to be performed and shall seek such remedy from
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 ofany necessary repairs, City shall issue a written
document certifying Developer's satisfactory completion of warranty.
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Developer agrees to pay within thirty (30) days of invoicing by the City, the City Council approved
assessed cost for the completion of two water line projects that will be inter -tied to the subdivision's
domestic water system: 1) 1998-1999 Hanley Road Water Line Extension Project from Brandon Street
to Diego Court; and 2)1999-2000 Grant Road Water Line Extension Project from Mendolia Way to Beall
Lane.
The subject development is within the identified area of benefit for the project.
11. BUILDING AND OCCUPANCY PERMITS. Upon execution ofthis agreement and
upon satisfaction ofthe security for performance requirements ofCent ul 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. Developermust, prior to commencing construction underany such building permits, or
allowing the commencement of construction thereunder, fiunish a survey performed by a
registered professional land surveyor meeting the requirements of state law, setting out the
property comers for the lot for which the building permit or permits are to be issued, with
either iron pins or wood stakes establishing said comers.
4 - DEVELOPMENT AGREEMENT - (110499)
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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 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.
C. Developer must indemnify and hold the City harmless from any and all liability by reason
ofthe 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 ofOccupancy will be issued by Cityuntil final completion, approval and
acceptance ofthe improvements by the City, in accordance with the entire Development
Agreement. Provided that, City will not withhold Certificates ofOccupancy in the event
that the only uncompleted obligation is failure to pay Developer's share ofthe Hanley and
Grant Road waterline extensions, and the cause ofDeveloper's failure to pay is that the
City has not yet determined Developer's fair share and billed Developer for the same.
E. Developer shall not sell any of said lots or enter into any agreement for the sale ofany such
lots, unless he has first furnished to the City written proofofthe fact that he has advised a
purchaser or prospective purchaser that no certificate ofoccupancy will be issued by City
until completion, approval and acceptance ofthe improvements by the City, in accordance
with the entire Development Agreement, and agreed to assume fWI and complete liability
and hold City harmless by reason ofthe refusal by the City to issue any such certificate of
occupancyuntil the provisions ofthe 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 anotherperson to occupy any
lot or improvements thereon until City has issued a certificate of occupancy.
12. 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 ofliability insurance coverage with policy limits
in the sum of not less than one million dollars (S 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.
13. MISCELLANEOUS PROVISIONS. This agreement contains the entire agreement to
which it relates and supersedes any prior written or verbal agreements or representations; this agreement
shal I be binding upon the parties and their agents, successors and assigns; Developer shall not assign his
5 - DEVELOPMENT AGREEMENT - (110499)
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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 depositor 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.
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point, Oregon
By / 1i ��
/Iayor Bill Walton
City inistrator James H. Bennett
Developer
Steve DeCarlow, President DeCarlow
Homes, Inc.
^^ OFFICIAL "AL
STATE OF OREGON ) DEANNA GREGORY
NOTARY PUBLIC -OREGON 1
ss. '' COMMISSION NO. 054004
MY OMMISSION EXPIRES MAY 13, 200(
County of Jackson�;
On the I g4k day of I 0j%e^pv r ,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 ofthe City ofCentral Point, and the latter is the City Administrator ofthe 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 ofthem acknowledge the foregoing
instrument to be his or her voluntary act and deed.
Notary Public for Odgon//
My Commission Expires: 5' -IS -06
6 - DEVELOPMENT AGREEMENT - (110499)
93-58334
STATE OF OREGON )
) ss.
County of Jackson )
On the KPA day of t�ln 0 to V -e9— , 1999, personally appeared before me the above-
named Steve DeCarlow, and acknowledged the foregoing instrument to be his voluntary act and deed.
I OFFICIAL SEAL
CNERI FERNS
NOTARY PUaLIC•OREGOIi
COMMISSION NO. 924025
MISSION EXPIRES JUNE 3.20
7 - DEVELOPMENT AGREEMENT - (110499)
C'S�Oni
Notary Public r egon
My CommissionExpires: (o L063
Jackson Oregon
Recorded
OFFICIAL RECORDS
to 2 31999
COUNCLERK
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