HomeMy WebLinkAboutDA 01-03646 01 03646 S r
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1 PRE-ANNEXATION DEVELOPMENT AGREEMENT
2 Between
3 City of Central Point, Oregon and W. L. Moore Construction, LLC
4
5 This Pre-Annexation Agreement ("Agreement") is made and entered into this 14th day of
6 December, 2000, by and between the CITY OF CENTRAL POINT, OREGON, a political subdivision of
7 the State of Oregon ("City") and W. L. MOORE CONSTRUCTION LLC, ("Developer") a Limited
8 Liability Company, pursuant to ORS 94.504 to 94.528. It is intended for the sole purpose of defining
9 permitted uses, required fees and exaction reimbursement methodologies, and assessing responsibilities
10 for providing infrastructure in connection with development of the real property described below once it
11 is annexed into the City and throughout the duration of the Agreement.
12
13 RECITALS
14
15 A. Developer is the owners representative of the real property located in Jackson County,
16 Oregon, more commonly described in tax records as "Section C", containing
17 approximately — 230 acres and more particularly described in Exhibit A-Twin Creeks
18 TOD Masterplan.
19
20 B. Developer plans to apply for annexation of 194 [verify] acres of said Property into the
21 City.
22
23 C. Said Property lies within the jurisdictional boundary of the Urban Growth Boundary and
24 Policy Agreement between Jackson County("County")and City.
25
26 D. The City's current comprehensive plan designation for said property has recently been
27 amended to a new TOD (Transit-Oriented Development) District with accompanying
28 zoning designations (which permit low, medium, and high mix residential, commercial,
29 civic,parks and open space uses)and specific design standards.
30
31 E. The parties desire to set forth an agreement whereby the City and Developer agree to the
32 permitted uses, required fees, exactions and responsibilities for providing infrastructure in
33 connection with development of said Property.
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4
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F. The City has previously approved the 24-lot Griffin Oaks Subdivision concerning the
2 above-referenced Property. That parcel is presently under development as a partial
3 demonstration of the newly adopted TOD design standards.
4
5 G. This Agreement is intended to provide the framework for cooperative interaction among
6 the parties with increased certainty for future development of the said Property.
7
8 H. This Agreement is authorized by City of Central Point Ordinance No. 121? . That
9 ordinance was adopted by the City Council following hearing on &t_4.1, abo 1 .
10 Notice of the hearing was provided by the City to nearby property owners and other
I I interested persons,consistent with ORS 94.513.
12
13 I. The execution of this Agreement is in the best interest of the public health, safety, and
14 general welfare and is consistent with the City of Central Point Comprehensive Plan and
15 implementing plans and regulations.
16
17 AGREEMENT
18
19 In consideration of the mutual promises and performance obligations of each party set out in this
20 Agreement,the City and Developer hereby agree to the following terms and conditions.
21
22 1. Effective Date and Term of Agreement.
23
24 This Agreement shall be effective following adoption of the City Ordinance approving this
25 Agreement pursuant to ORS 94.508 and upon annexation of the property. As used herein, "approval"
26 means the granting of the approval and the expiration of the period of appeal. The Agreement shall
27 continue in effect for a period of seven (7) years after its effective date unless amended by the parties as
28 provided in Section 10 below.
29
30 2. Development of Property.
31
32 Said property shall be permitted to establish and continue uses at the types, densities, intensity of
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1 use as are allowed by the TOD zones of the Central Point Municipal Code Chapter 17.65.
2
3 3. Responsibility for Providing Infrastructure.
4
5 The parties agree that the property as developed will generate a requirement for the construction
6 of infrastructure as set forth in this Section.
7
8 3.1 Transportation Infrastructure
9
10 As listed in Section 5.1, Developer or development applicant agrees to participate in or perform
11 construction of the following improvements for the locations shown in Exhibit A-Twin Creeks
12 TOD Masterplan Development Triggers plan.
13
14 3.1.1 Pine Street and Highway 99 intersection improvements per Oregon Department
15 of Transportation (ODOT)requirements.
16 3.1.2 Arterial street improvements, for affected portions of W. Pine Street and for
17 portions of Hwy 99 at new TOD Railroad crossing to ODOT standards and
18 designated streets within the Property per City TOD standards.
19 3.1.3 Collector street improvements for effected portions of Taylor and Haskell streets,
20 and designated streets within the Property per City TOD Standards.
21 3.1.4 Local street improvements for designated streets within the Property per City
22 TOD Standards.
23 3.1.5 Railroad crossing improvements for new TOD Crossing and upgrades at Pine
24 Street per Oregon Public Utilities Commission (PUC) and ODOT requirements.
25 3.1.6 Internal off-street pedestrian and/or bike pathways designated within the Property
26 per City TOD Standards.
27 3.1.7 Traffic control measures (signalization, traffic calming devices, and signs) at key
28 intersections along Taylor, Haskell and Grant streets and where designated
29 within the Property per City TOD Standards.
30
31 3.2 Utility Infrastructure
32
33 At the time any of the Property is developed, Developer or development applicant agrees to
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1 install and improve the following utilities for the locations shown in Exhibit A per the standards
2 of the prevailing jurisdiction.
3
4 3.2.1 Domestic Water
5 3.2.2 Sanitary Authority (subject to approval by Bear Creek Valley Sanitary Authority
6 (BCVSA)
7 3.2.3 Storm Sewer
8 3.2.5 Lighting
9 3.2.6 Other utilities(electricity,cable, telephone,gas)
10
11 3.3 Open Space Infrastructure
12
13 As listed in Section 5.1, Developer or development applicant agrees to install and improve the
14 following utilities for the locations shown in Exhibit A per the standards of the prevailing
15 jurisdiction.
16
17 3.3.1 Parks,Open Space, and Public Landscape Areas
18 3.3.2 Street Trees
19 3.3.3 Griffin Creek Natural Resource Area
20
21 4. Fees and Char
22
23 Developer and its successors and assigns shall pay all required systems development charges,
24 transportation impact fees, application fees for land use, land division, land development approvals, and
25 building permit fees, if applicable.
26
27 Systems Development Charge reimbursements shall be granted by the City for all public
28 improvements provided by the Developer which are located outside the property or which exceed local
29 service requirements for development inside the Property. Qualified public improvements eligible for
30 reimbursement shall include any land dedications or improvements associated with collector and arterial
31 streets, domestic water, sanitary sewer (by BCVSA), storm sewer, and park, open space and public
32 landscape areas.
33
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I Within six months of the effective date of this agreement, Developer and City shall establish a
2 mutually acceptable reimbursement methodology and schedule for the qualified public improvements
3 listed in Appendix 1. All reimbursements shall be paid by City, to Developer, on an annual basis, no
4 later than June 30 of each year. If City has not collected sufficient fees to allow full payment of said
5 reimbursements, the balance of reimbursements shall remain payable to Developer with interest
6 accumulated at the rate of seven percent (7%) per annum, beginning six (6) months after payable date,
7 until paid.
8
9 In return, the City agrees that it shall provide all of the municipal services that it provides to
10 current residents and properties within the jurisdiction of the City, including police, code enforcement,
11 building permitting for new construction, water supply, and general government services.
12
13 5. Phasing of Develonment.
14
15 Developer shall construct the project in phases. Infrastructure as defined in Section 3.0 shall be
16 provided concurrently with each development phase and completed prior to occupancy of the new
17 buildings in that phase. The sequence of phasing may be amended by mutual consent of the parties. To
18 ensure that required infrastructure is established in a timely and orderly manner, the following additional
19 development triggers shall apply:
20
21 5.1 Development Triggers
22
23 The number of vehicle trips specified below may be generated and certificates of occupancy
24 issued once the specified improvements are constructed for each phase:
25
26 5.1.1 RESIDENTIAL AND COMMERCIAL DEVELOPMENT
27 a) PHASE I
28 - 1000 Additional Average Daily Trips (after improvements to intersection
29 of Pine and Haskell
30
31 Mitigation: Geometric and signalization improvements shall be made at
32 intersection of Pine and Haskell Streets. ODOT shall be consulted on the
33 signalization at that intersection, as the new signal must be coordinated with
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the existing signal at Highway 99, to minimize the queue length on the
2 westbound approach to Haskell.
3
4 b) PHASES II
5 - 5760 Additional Average Daily Trips (after improvements to Pine,
6 Haskell, Taylor and intersection of Highway 99)
7
8 Mitigation: Geometric improvements shall be made to Pine, Haskell and
9 Taylor Streets and affected portions of Highway 99 at the Pine Street
10 intersection , and upgrades shall be made to the Pine Street railroad
11 crossing.
12
13 Specific improvements shall include (1) adding an exclusive left-turn lane for
14 eastbound traffic on Pine Street, (2) adding an exclusive right-turn lane and
15 an additional through lane for westbound traffic on Pine Street and (3)
16 adding a southbound exclusive right-turn lane on Highway 99.
17
18 OR
19 - 4000 Additional Average Daily Trips (after the new road, railroad
20 crossing and related highway intersection improvements)
21
22 Mitigation: Geometric improvements and signalization improvements shall
23 be made at the new intersection of the TOD Activity Center and Highway 99
24 (across from Crater High School).
25
26 Specific improvements shall include (1) an exclusive left turn lane along
27 affected portions of Highway 99, (2) adding an exclusive right turn lane for
28 southbound traffic along Highway 99.
29
30 A new road extending eastward to Highway 99, a railroad crossing, highway
31 intersection signalization and geometric improvements shall be installed.
32 The new road is listed in the Regional Transportation Plan as a Tier 1,
33 Medium Range project and shall require the issuance of an Order from the
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1 Oregon Rail Division for installation. The railroad crossing will require the
2 placement of a signal at the Highway 99 intersection with the new road,
3 which must meet applicable warrants, as per OAR 734-020-0460. The new
4 road shall include eastbound right and left turn lanes.
5
6 c) PHASES III
7 - Whichever scope of Additional ADT and associated mitigation listed
8 above that is not executed as Phase II shall occur as Phase III.
9
10 d) Phase IV
11 - Construction of all remaining development included in the approved
12 TOD Master Plan (included as Exhibit A to this agreement) beyond the
13 total of 10,760 Additional ADT from Phases I, II, and III, may proceed
14 as per 5.2.
15
16 5.2 Rate of Development
17
18 The Property shall be developed with the type and style of low, medium, and high mix
19 residential, neighborhood commercial, civic, and parks and open space uses as specified in
20 Chapter 17.65 of the Municipal Code and approved by the City.
21
22 5.2.1 To ensure that infrastructure is appropriately planned and constructed, annual
23 residential development shall not exceed the following rates:
24
25 a) Year 2000: 150 units (cumulative total=150)
26 b) Year 2001: +150 units(cumulative total=300)
27 c) Year 2002: +150 units(cumulative total=450)
28 d) Year 2003: +150 units(cumulative total=600)
29 e) Year 2004: +150 units (cumulative total=750)
30 f) Year 2005: +150 units(cumulative total=900)
31 g) Year 2006: +150 units(cumulative total=1050)
32 h) Year 2007: +150 units (cumulative total=1200)
33 i) Year 2008: +150 units (cumulative total=1350)
Central Point Transit Oriented Development Pre-Annexation Development Agreement
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1 j) Year 2009: +150 units(cumulative total=1500)
2 k) Year 2010: +150 units(cumulative total=1650)
3
4 5.2.2 To ensure that infrastructure is appropriately planned and constructed, annual
5 commercial and civic development shall occur according to the following rates:
6
7 a) Year 2000: 0 square feet
8 b) Year 2001: +20,000 square feet(cumulative total=20,000 sf.)
9 c) Year 2002: +20,000 square feet(cumulative total=40,000 sf.)
10 d) Year 2003: +20,000 square feet(cumulative total=60,000 sf.)
11 e) Year 2004: +20,000 square feet(cumulative total=80,000 sf.)
12 f) Year 2005: +20,000 square feet(cumulative total=100,000 sf.)
13 g) Year 2006: +20,000 square feet(cumulative total=120,000 sf.)
14 h) Year 2007: +20,000 square feet(cumulative total=140,000 sf.)
15 i) Year 2008: +20,000 square feet(cumulative total=160,000 sf.)
16 j) Year 2009: +20,000 square feet(cumulative total=180,000 sf.)
17 k) Year 2010: +20,000 square feet(cumulative total=200,000 sf.)
18
19 6. Continuing Effect of Agreement.
20
21 In the case of any change in regional policy or federal or state law, or other change in
22 circumstance which renders compliance with the Agreement impossible or unlawful, the parties shall
23 attempt to give effect to the remainder of the Agreement, but only if such effect does not prejudice the
24 substantial rights of either party under the Agreement. If the substantial rights of either party are
25 prejudiced by giving effect to the remainder of the Agreement, then the parties shall negotiate in good
26 faith to revise the Agreement to give effect to its original intent. If the parties fail to agree to an amended
27 Agreement within ninety (90) days of the commencement of negotiations, then either party may request
28 that an arbitrator give an equitable effect to the remainder of the Agreement, and the Agreement shall
29 thereafter be amended pursuant to the order of the arbitrator.
30
31 7. Assignability of Agreement.
32
33 This Agreement shall be fully assignable, in whole or in part, by either party and shall bind and
Central Point Transit Oriented Development Pre-Annexation Development Agreement
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1 inure to the benefit of the parties and their respective assigns and successors. If any of the property is
2 sold, the rights and interests of Developer under this Agreement shall inure to the benefit of the purchaser.
3
4 8. Future Discretionary AnnrovaIs.
5
6 8.1 Consistent with the above provisions, City agrees to cooperate with Developer in
7 securing the necessary permits and approvals for the development from other regulatory
8 agencies as specified herein:
9
10 8.1.1 National Marine Fisheries Service, Federal Bureau of Reclamation, U. S. Army
11 Corps of Engineers and Oregon Division of State Lands — Griffin Creek wetland
12 and riparian areas rehabilitation.
13 8.1.1 Oregon PUC and DOT—new TOD railroad crossing access to Highway 99.
14 8.1.2 Oregon PUC and DOT— railroad crossing upgrades at Highway 99 and Pine
15 Street.
16 8.1.3 Oregon Department of Transportation — Highway 99 access and railroad
17 intersection improvements at new railroad crossing, and related intersection
18 improvements to W. Pine Street and Highway 99 at Pine Street.
19
20 8.2 Developer to obtain a timely review of all applications related to the Property that must
21 be evaluated by the City which may include but are not limited to:
22
23 8.2.1 Comprehensive Plan Amendments
24 8.2.2 Municipal Code Zone Changes
25 8.2.3 Annexation and Masterplan Application
26 8.2.4 Tentative Plans(for each phase)
27 8.2.5 Building Permits
28
29 8.3 City may require reasonable conditions of approval that Developer or development
30 applicant would be required to perform in order to obtain approval for its development
31 application. However, at no time shall City unreasonably withhold approval on any
32 application shown to be materially consistent with the City TOD Zoning Code and TOD
33 Design Standards.
Central Point Transit Oriented Development Pre-Annexation Development Agreement
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1
2 9. Default: Remedy.
3
4 9.1 Default/Cure. The following shall constitute defaults on the part of a party:
5
6 9.1.1 A breach of a material provision of this Agreement, whether by action or inaction
7 of a party which continues and is not remedied within sixty (60) days after the
8 other party has given notice specifying the breach; provided that if the non-
9 breaching party determines that such breach cannot with due diligence be cured
10 within a period of sixty (60) days, the non-breaching party may allow the
11 breaching party a longer period of time to cure the breach, and in such event the
12 breach shall not constitute a default so long as the breaching party diligently
13 proceeds to affect a cure and the cure is accomplished within the longer period of
14 time granted by the non-breaching party; or
15
16 9.1.2 Any assignment by a party for the benefit of creditors, or adjudication as a
17 bankrupt, or appointment of a receiver, trustee or creditor's committee over a
18 party.
19
20 9.2 Remedies. Each party shall have all available remedies at law or in equity to recover
21 damages and compel the performance of the other party pursuant to this Agreement. The
22 rights and remedies afforded under this Agreement are not exclusive and shall be in
23 addition to and cumulative with any and all rights otherwise available at law or in equity.
24 The exercise by either party of any one or more of such remedies shall not preclude the
25 exercise by it, at the same or different time, of any other such remedy for the same
26 default or breach or of any of its remedies for any other default or breach by the other
27 parties, including, without limitation, the right to compel specific performance.
28
29 10. Amendment or Termination of Agreement.
30
31 This agreement shall be reviewed annually by the parties to determine if any amendments are
32 appropriate. This Agreement may be amended or terminated at any time by the mutual written consent of
33 the parties and their successors in interest. Any amendment to this Agreement which relates to the terms;
Central Point Transit Oriented Development Pre-Annexation Development Agreement
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I permitted type, density or intensity of use; monetary contributions by Developer; or any conditions
2 relating to the use of the Property shall require a public hearing before the parties may execute an
3 amendment. Any other amendment shall not require a public hearing.
4
5 11. Notice.
6
7 11.1 Notice. A notice or communication under this Agreement by either Party shall be
8 dispatched by registered or certified mail, postage prepaid, return receipt requested: and
9
10 11.1.1 In the case of a notice or communication to Developer addressed as follows:
11 £J1- om
ra.1N [�le kS £'Co, tie
13 41 / F//c✓ -o)6e > Apai
14 il&a4,440 t' '9757W
15 Attn: /� //uoe€
16
17
18 11.1.2 In case of a notice or communication to the City, addressed as follows:
19 ``
20 C CR� �o�n LAA!LAI
21 1SS Qra
22 Cer rc X Pn:n.i of , ansba
23 Attn: Lt A1wvn.ZsAwlor
24
25 Or addressed in such a way in respect to a Party as that Party may, from time to time,
26 designate in writing dispatched as provided in this section.
27
28 11.2 Headings. Any titles of the sections of this Agreements are inserted for convenience of
29 reference only and shall be disregarded in construing or interpreting any of its provisions.
30
31
32
Central Point Transit Oriented Development Pre-Annexation Development Agreement
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Appendix 1
2 Public Improvement
3 Cost Reimbursement Schedule
4
5 1. Transportation Infrastructure
6 e) Geometric and signalization improvements at intersection of Pine and Haskell streets.
7 f) Proposed Railroad Crossing and Highway 99 Intersection geometric and signalization
8 improvements.
9 g) Geometric improvements to Pine, Haskell, and Taylor streets and affected portions of Hwy 99 at
10 the Pine Street intersection, and upgrades to the Pine Street railroad crossing.
11 h) Proposed new access street from Hwy 99 intersection to Haskell intersection to TOD arterial
12 Standards.
13 i) Proposed new Haskell street extension through TOD from Taylor Street intersection to Grant
14 Road terminus (including Jackson Creek bridge)to TOD collector standards.
15 j) Proposed `horseshoe' round-about to TOD central green collector standards.
16 k) Proposed new collector streets from `central green' intersection , south to Taylor street
17 intersection and west to Grant road intersection (including Jackson Creek bridge) all to TOD
18 collector standards.
19
20 2. Utility Infrastructure
21 a) 8-inch water lines and connection systems adjacent to and within the TOD.
22 b) 12-inch water line and connection systems adjacent to and within the TOD.
23 c) 16-inch water line and connection systems adjacent to and within the TOD.
24
25 3. Open Space Infrastructure
26 a) Neighborhood Parks located within the TOD.
27 b) Pocket Parks within the TOD.
28 c) Pedestrian Promenade within the TOD.
29 d) Griffin Creek Natural Resource Area within the TOD.
30 e) Open space and Public Landscape areas within the TOD.
Central Point Transit Oriented Development Pre-Annexation Development Agreement
JANUARY 4,2001—FINAL VERSION Page 12
01 03646 Jackson County, Oregon
Recorded
EXECUTED IN DUPLICATE, each party retaining an original. OFFICIAL RECORDS
JAN 3q0 2001
City of Central Point, Oregon Developers /r(S,Thip
sd
COUNTY CLERK
By R. G _ (\AA �- —�--e _
Mayor Bill Walton Noel A. Moore, W.L. Moore Properties, LLC
City 65lministrator James H. Bennett Bret A. Moore, W.L. Moore Properties, LLC
STATE OF OREGON )
) ss.
County of Jackson )
On the.QS day of January,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 theat 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.
Z444A.L__
c=FICIAL SEAL Notary Public for Oregon l
DEANNA GREGORY My Commission Expires: $'�$—O�{
\ ' ', fJOTARY PUBLIC OREGON ti
COMMISSION NO. mON
,3/4 MY COMMISSION EXPIRES MAY 15.1004
zdzr
STATE OF OREGON )
) ss.
County of Jackson )
On the � day of January,2001,personally appeared before me the above named Noel
A. Moore and Bret A. Moore, and acknowledged the foregoing ins ent to be his voluntary act
and deed.
f'"fy OFFICIAL SEAL
.• zz, y� DEANNA GREGORY
..,�,.-;�. a � Notary Public for Oregon
\ w E.+ ., P NOTARY PUBLIC - OREGON \
V. l CYOCOMMISSION COMMISSION
MAY 334520
200400 My Commission Expires: S - l� - O`-(