HomeMy WebLinkAboutImprovement Agreement 2005-024192 :t, 2005-024192
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DEVELOPMENT AGREEMENT
(Daisy Creek Estates Phases 2 and 3 Subdivision)
This agreement, made and entered into this a day of April,2005,between the City of Central
Point; Oregon, an Oregon municipal corporation, hereinafter referred to as "City” and Eric Artner,
referred to as"Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for Daisy Creek
Estates Phases 2 and 3 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 Daisy Creek Estates Phases 2 and 3
Subdivision, 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
10/06/2004, as described in the Planning Commission Resolution No. 615 and noted in
the Public Works staff report dated 5/1/2004. 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;
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:
$5,000 check for Daisy Creek Estates Phases 2 and 3
The sum agreed to secure Developer's performance hereunder is $ 5,000, which sum is hereby deemed
sufficient to cover the cost of the completions of required improvements, 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;
E. Inspection and testing of base rock prior to placing surfacing;
F. Inspection and testing of the placement of the surfacing material;
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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 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. Applicant must coordinate with Fire District No. 3 to ensure that all of the private street
signs and striping are complete. No final inspections on any home will commence until
those standards are completed.
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.
D. 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.
E. 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 ($1,000,000.00) combined single Iimit, naming City
and its duly elected and appointed officials, employees, agents and assigns, as additional insured parties
therein. Such insurance policy may be canceled upon acceptance of work by City.
12. MISCELLANEOUS PROVISIONS. This agreement contains the entire agreement to
which it relates and supersedes any prior written or verbal agreements or representations; this agreement
shall be binding upon the parties and their agents, successors and assigns; Developer shall not assign his
rights under the terms of this agreement without the express written approval of City.
In the event either party institutes legal proceedings for the purpose of enforcing the within
agreement or seeking damages for the breach hereof, or to recover the cost of completion of the
improvements described herein, including an action against Developer, his bond, cash deposit or letter of
credit, the prevailing party shall be entitled to recover attorney fees and costs incurred at trial and on
appeal in reasonable sums to be determined by the respective courts.
13. GRANTING FINAL PLAT APPROVAL. It is understood by the parties that upon
execution of this agreement and related documents, City will issue final plat approval.
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point, Oregon Developer
By1,� ----- _- _
City Administrator Phil Messina Eric Artner
STATE OF OREGON )
) ss.
County of Jackson )
On the day of 04,W,,t , 2005, before me personally appeared Phil Messina,
who, being first duly sworn is tie City Administrator of the City of Central Point, an Oregon
municipal corporation, and that the foregoing instrument was signed on behalf of said municipal
corporation by authority of its City Council, and each of them acknowledged the foregoing
instrument to be his or her voluntary act and deed.
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Notary Public for Oregon 0
DEANNA ARE My Commission Expires: S--ii-D$
V":0' NOTARY PUBLIC-OREGON
COMMISSION NO. 379629
MY COMMISSION EXPIRES MAY15 2008
STATE OF OREGON )
) ss.
County of Jackson )
On the,27- day of 4-//ii , 2005,personally appeared before me the above-
named Eric Artner, and acknowledged the foregoing instrument to be his voluntary act and deed.
,,i ., OFFiCIAI SEAL `Notary Public for Or`egdn
.y�s ._ St)SAN B airERS My Commission Expires: /Q- I- b 6o
r, r. NOTARY PUBLIC - OREGON
,c•:;� COMMISSION NO. 361652
• qtr MY COMMISSION EXPIRES OCT.8.2006
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