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DEVELOPMENT AGREEMENT
(Central Point East, Phase 4)
This agreement,made and entered into this ,3 day of_ ,2001,between
the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as
"City", and DeCarlow Homes, Inc. hereafter referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for Central
Point East Subdivision,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 Central Point East Subdivision,
Phase 4,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
March 14, 2001 (and subsequently revised), as described in the Planning
Commission Resolution 384 and noted in the Public Works staff report dated May
17, 1997. This work may also include any repair, replacement, or remediation of
any installed items as a result of inspection punch lists or noted deficiencies.
D. Terms and conditions contained in the City's Public Work Standards;
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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:
zsurety bond
cash deposit
letter of credit
The sum agreed to secure Developer's performance hereunder is $6,000.00, 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;
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;
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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. Upon such acceptance, the City Administrator shall be authorized
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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. 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.
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
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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. 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.
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 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.
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EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point, Oregon Developers
BJ ') I _ _AeLIZJA, -----
Mayor Bill Walton Steve DeCarlow, President
DeCarlow Homes, Inc
OIMIAAAJ361- -
City Ar linistrator James H.'3ennett
STATE OF OREGON )
) ss.
County of Jackson )
On the 3� day of AA- ' ,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 volunt ct and deed.
l _ s013?�
• ,� Notary Public for Ore on� •
0-4 ,. OFFICIAL SEAL 1
+l - 'tDEANNA GREGORY ti My Commission Expires: 5" -, /
- - NOTARY PUBLIC - OREGON
i` �^ COMMISSION NO. 334520
1 �,,f� MY COMMISSION EXPIRES MAY 15.2004
STATE OF OREGON )
) ss.
County of Jackson )
On the 144 day of cgpkew►be-r , 2001, personally appeared before me the above-
named CVNe, 1.)e Cc IoW ' ,and acknowledged the foregoing instrument to be his
voluntary act and deed.
Jackson County, Oregon
Recorded
OFFICIAL RECORDS ca---,,,_ _...._
Notary PublicUor Oregon
OCT 0 5 2001 My Commission Expires: Nov. 1 _7403
3.' o PAI
), a �•:4..' OF
FIC
IAL SEAL J
COUNTY CLERK ;''
CORY NEATHAMER c
T' ""• ' NOTARY PUBLIC-OREGON
°S COMMISSION NO.328978 I)
ID MY COMMISSION EXPIRES NOV.9,20039