HomeMy WebLinkAboutDA PW #03033* DEVELOPMENT AGREEMENT
(Ross Partition PW # 03033)
This agreement,made and entered into this day of 5eft.e_ , ,,_r- ,2003,between
the City of Central Point,Oregon,an Oregon municipal corporation, hereinafter referred to as"City"
and John R. Ross and Lori A. Ross hereafter referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for Ross
Partition ( Public Works File # 03033), as set forth in the Planning Department report 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 the Ross Partition(Parent Tax
Lot 37 2W 11D, 1900) 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 Developer shall have engineering plans created for private improvements on the
subject property to include storm drainage,utilities and the twenty foot wide paved
access road required by the Central Point Municipal Code;
B. Terms and conditions contained in the City's Public Work Standards;
C. Terms and conditions contained in the Construction Permit;
D. All terms and conditions set forth herein; and
E. 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
X cash deposit
letter of credit
The sum agreed to secure Developer's performance hereunder is $ 3,675.50, 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
for the improvements located in the public Right-of-Way.
4. TIME ALLOWED FOR CONSTRUCTION. Except for the public Right-of-Way
improvements,Developer shall complete each and every obligation contained herein prior to the City
accepting building plans.The City will install public improvements in the Right-of-Way when such
improvements are deemed by the City to be in the best interest of the public.
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, 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;
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.
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
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 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.
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 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 for the private improvements and inform the Building Official that
building plans may be accepted for review.
9. BUILDING AND OCCUPANCY PERMITS. Upon execution of this agreement
and upon satisfaction of the construction work upon the private improvements themselves, the City
will permit construction of structures 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
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 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
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. 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.
12. 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 Developers
B y , t -7_4(4 I AzA
Mayor Hank Williams oh R. Ross
(r'). < a.
City Administrator hil Messina Lori A. Ross
STATE OF OREGON )
) ss.
County of Jackson )
On the 8 day of Sed, 1,& ,2003,before me personally appeared Hank Williams
and Phil Messina, 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 and deed.
---
Notary
Notary Public for Oregon' /
f �, 0,--FICIAL SEAL DEANNA GREGORY My Commission Expires: s'-/S Dy
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NOTARY PUBLIC - OREGON kt
COMMISSION NO. 334520
MY COMMISSION EXP!RES MAY 15,2004
STATE OF OREGON )
) ss.
County of Jackson )
On theC729 day of 14I I fi--, 2003,personally appeared before me the above-
named John R. Ross, and acknowled_ed the foregoing instrument to be his voluntary act and deed.
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( - fI�±.,, _ OFFICIAL SEAL r Notjary Public for Oregon
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f / 4-(/
W.7.,� ' NOTARY PUBLIC-OREGON My Commission Expires:
` ;:1 COMMISSION NO.A338159 I / /
1 MY COMMISSION EXPIRES AUG.21,2004 ) /
STATE OF OREGON )
) ss.
County of Jackson )
On the r day of //,d9—, 2003, personally appeared before me the above-
named Lori A. Ross, and acknowled ed the foregoing instrument to be her voluntary act and deed.
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.4., - OFFICIAL SEAL
*A " APRIL LECOMTE r ota y Public for Oregon e 9 7 0/
' NOTARY PUBLIC-OREGON My Commission Expires:
V r'' COMMISSION NO.A338159
MY COMMISSION EXPIRES AUG. 21,2004
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