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HomeMy WebLinkAboutDA Brookfield Estates* DEVELOPMENT AGREEMENT (Brookfield Estates, Unit No. 1) This agreement,made and entered into this asaday of A pc ►-' ,2001,between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Pactrend, hereafter referred to as "Developer". Recitals 1. Developer has previously been granted tentative plan approval by City for Brookfield Estates,Phase 1, 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 Brookfield Estates,Phase 1,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 approved on July 10,2000 (and subsequently revised), as described in the Planning Commission Resolution No.452, and as noted in the Public Works staff report dated May 24,1999. This work may also include any repair, replacement, or remediation of any installed items as a result of inspection punch lists or noted deficiencies. 1 - DEVELOPMENT AGREEMENT - (04102001) 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 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 $6000.00 letter of credit The sum agreed to secure Developer's performance hereunder is $6000.00 , 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 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; 2 -DEVELOPMENT AGREEMENT - (04102001) 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. 3 - DEVELOPMENT AGREEMENT - (04102001) 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. 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 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 of any necessary repairs,City shall issue a written document certifying Developer's satisfactory completion of warranty. 10. WATER LINE EXTENSION PROJECTS. Developer agrees to pay within thirty (30) days of invoicing by the City, the assessed cost for the completion of the water line project that extends along Taylor Road. The subject development is within the identified area of benefit for the project. 11. 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 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. 4 -DEVELOPMENT AGREEMENT - (04102001) 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 ofthe 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. Provided that, City will not withhold Certificates of Occupancy in the event that the only uncompleted obligation is failure to pay Developer's share of the Taylor Road waterline extension, and the cause of Developer'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 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. 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 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. 5 -DEVELOPMENT AGREEMENT - (04102001) 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 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. 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 Developer By/l.l,� �1`f _C - -N (Mayor Bill Walton Lou Mahar a,I/ ieitAAA* Pactrend Construction City Olm'inistrator James H. Bennett 401011fti, OFFICIAL SEAL r' = "'- '► DEANNA GREGORY r *^7 r NOTARY PUBLIC - OREGON STATE OF OREGON �:' COMMISSION NO. 334520 �iao MY COMMISSION EXPIRES MAY 15,2004 ) ss. County of Jackson ) On the��t day of A(�fi,- I ,2001,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 volunta r t and deed. r Notary Public for Or_on / My Commission Expires: S"/Y-OLI 6 -DEVELOPMENT AGREEMENT - (04102001) STATE OF OREGON ) ) ss. County of Jackson ) On the Z. day of A-Drl I , 2001,personally appeared before me the above- named Lou Mahar, and acknowledged the foregoing instrument to be his voluntary act and deed. Till chlor L ti 1wf ., OFFICIAL SEAL Notary Public for Orego DEBBIE MEYERS I . r NOTARY PUBLIC-OREGON My Commission Expires: 11-1 q-DLi _'�`� COMMISSION NO. 340516 MY COMMISSION EXPIRES NOV. 19, 2004 7 - DEVELOPMENT AGREEMENT - (04102001)