Loading...
HomeMy WebLinkAboutResolution 342 - Valley Point, Ph. III - Final~` ~~~~.? PLANNING COMMISSION RESOLUTION NO. 342 A RESOLUTTON GRANTING FINAL PLAT APPROVAL VALLEY POINT SUBDIVISION, PHASE III (Applicant: W.L. Moore Construction) {37 2W S 11DA Tax Lot 300) Recitals FOR 1. Applicant has previously received tentative plan approval and has now submitted an application for final plat approval for Valley Paint Subdivision, Phase III, located in the City of Central Point, Oregon. 2. On January 16, 1995, the Planning Commission of the City of Central Paint reviewed said application for final. plat approval. Naw, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The Planning Commission finds and determines that the final plat is in substantial conformance with the approved tentative plan. The tentative plan approval was conditioned on the construction of certain improvements. Construction of those improvements has not been completed, but the applicant has agreed to enter into a "Development Agreement", a copy of which is attached hereto and by this reference incorporated herein. Applicant's performance under the Development Agreement shall be secured by a cash deposit or letter of credit, which is acceptable to the City. SeCtl411 2. Approval is hereby granted to the final plat submitted herein, subject to applicant's performance under the terms of the Development Agreement attached hereto. The Chairman of the Planning Commission is hereby authorized and directed to sign the final plat on behalf of the City. Passed by the Planning Commission and signed by me in authentication of its passage this q day of , 1996. ~~ Planning Commission Chairman ATTEST: City Re entative 1 - PLANNING COMMISSION RESOLUTION NO. 342 (020195) Approved by me this ~~ day af -~.,~~,~ Aaw _ X996 . Planning Cnmmissiozz Chairman 2 -- PLANNING COMMISSION RESOLUTION NO. 342 {02019b} DEVELO~'MENT AGREEi~lEN7.' (Applicant ) This agreement, made tend entered ~.nto this ~fih day vE ~e.6r4c ~,. , 199 (a , by and between t2~e C.z.t-Wy o~ Central Poa.nt, O egt~n, an flreg~on municipal corpoz-ation, ~aereinaLter referred to as "City" , and c.~~. ~• ~bp/~ , hereafter referred t0 a6 "DBV@lop8r'°t. ~fj•f#, ~(_!r/..iYraaR~-' rf~S;~+vcr~a.U 1. Deve~.oper has previ usly 3aeen granted tentative plan aPP=aval by City for 1 ~4~.c6y ~p~~vr ~/-i/~Is~ ZC as set #orth in the Planning Commission are solution approving said project, which approval is subject to certaiiz caatditioz~s. 2_ Developer has now applied to City for f,zrzal plat approval for said development. 3. Beare final plat approval can be granted, Central Point i~'Iuni.cipa~. Code Ck~.apter 1,6 .3b regu.ires, among other things, that Developer and City execute anal file an agreement relating to certain imparovements and repa~.rs requa.red to bra made in the development at issue. Noxa, therefore, in consideration of the covenants herea.n exchanged, the parties agree as follows: Agreement 3.. FRCIP~~ 1ERTY AFFECTED _ This agreement affects 3~-acv --1J L~aA ~ ~~,T ~~r(/A~,G~Y c9rK1T ~1wA5~`~ ~v fa A r V! `.,/11stJ ... ... __ ~ in the Csty o£ Centro Paint, Jackson County, Oregori,~according to the official plat thereof. This agreement shall be recorded, and is intended to attach to, and shall run with the land. zn. add~.tiori, all. subsequent puxchasars and Developer's heirs, successors-and assigns shall be bound by this agreement. 2. GdNSTRUCfixtiN. Developer shall construct or cause to be constructed, at Developer`s own expense, the irnprover~ents, described i.n and it3 compliance w~.th, the fallowing: A. The t+erttative plan previously approved fox the projECt, including all condit~.a3rxs placed on such tentative plan approval; B. The Central Poi..nt Planning Comrriission resolution approving the tentative plan, including alI conditions cor~taa.ned in such apprava~.; C. All construction plans and specificataox~s; 1 _ DEVELOPMENT AGREEMENT (1~Z934) zx. i~aspection and testing of alZ st,o~:~t drainage, sanitary sewer pipe, water pipe and fire hydxants; b. T.V. inspection of all sanitary sewer and storm drainage pipes; c. inspection and testing of trench backfiila-nq fc~r water pipes, storm drains and sanitary sewers; d. Inspection and testing of subgrade prior to placing street rack base; e. Inspection and testing cif 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 with~.n public right of way or easement dedicated or to be dedicated. 7. CQ~T$ QF ADMINI~TF2ATI~,?N ,AND INS€'ECTxON. Developer agrees to pay City for the costs of adma.nistratian and inspect~.on of the project to the extent that the same are reasonably related to C~.ty's assuring compliance with the p~.ans and specifications, the Centra3 Point Municipal Cade, the e~tithir~ agreement, and all otlzer appl a.cabl.e standards, rul~:s, regu~.ati.ons and laws, ~rhich sums shall be due on a monthly basis and shall be paid within 1.0 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 casts shah. include, but not be .i~.mited to the following: a. All inspections and testing done pursuant to the previous paragraph., entitled "Inspection of Work". b. Meet~.ngs with Developer, project engineer or contractor to review project, City standards, specifications, ordinances and procedures. c. Prova,ding Developer, neveloper's representative or ar~y jurisdictional, governmental, or utility entity with information on existing conditions, facila.ti.es, and capital improvements required. d. Review~.ng all- construction drawings, engineering or spr~cificatians for the construction of, or modification to the construction of, the improvements. 3 -- DE~IELOPMENT AGREEMEI3T 0.22994 ) e. Reviewing existing as-k~u.ilt information to assist a.n determining the location of existing facl,lities_ f. All, casts of appXication review and processing, including, but not limited to, administrative and legal staff time casts, plan checks, construction inspect~.on and preparat~.on of agreements, to the extent that the same are in excess of the filing fee. 8• ACCEPTANCE OF" COM~Ti~TED WORK. Upari completion of the improvements in full. coFnpl,iance 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 zn the Ciity's Public Works Standards, terms and conditians contained in the construction permit, together with aYl terms and conditions set forth herein and any applicable provisions of the Central. Point Municipal Code, the Public Works Director, or his designee, sha.xl perfarr~ an l.nspection. Tf a.11 work is found to be satisfactory, and all det'icl.encies, Sf any, have been cured by Developer, the Public Works Director shall issue a written acceptance of completed work. Upon such acceptance, the City A.dminzstrator shall be authorized to release any surety bond, cash deposit or letter of cred~.t posted by Developer. 9. ~jJARANTEE Q~' 'WORK. Developer guarantees r far a period of two years from acceptance of completed work, that al. 1. improvements hereunder shall be free from defects in materials and warkmanehip. 12rior to the expiration of said warranty periodr City shall. determine if any materials or vrorkmanship deficiencies exist, and at City's request, Developer shall repair or cause the repair of all such deficiencies, 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. Dux~pxNG AND ocCUPANC~ PERMITS. Upon execution of this agreement and upon satisfacti.an of the security for performance requirements of Central Point Municipal code I6.12.08~, City may issue building permits to Developer concurrently wl.th construction work upon the improvements themselves, under the fallowing terms and conditions: a. Developer must, prior to commencing construction under any such building permits, or allowing the commencement of construction thereunder, furna.sh 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 ar wood stakes establishing said earners. 4 - DEV~LQPM~NT ACR~EMEN~ (122894) b. Developer must submit a plan fvr the protection of streets and improvements satisfactory to City, and shall assume all responsibility for any additional or corrective work that may be necessary to the improvements, as determined by City as a result of the construction performed under t}ae building permits authorised. c, Developer must indemnify and ~tald the City harmless from any and all liability by reason of t~~c issuance of any Such building permits or any injuries or damages incurred by any person by reason of canstructzvn under the permits or any claims ofi any sort arising out o€ the issuance of the building permit and construction performed thereunder. d. No Certificate of Occupancy will be issued by Cxty 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 sate 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 o£ 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 alXow another person to occupy d~iy lot or improvements thereon until City has issued a certificate of occupancy, 1I. HELD 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 an the plans and specifications for the improvements ar the construction thereof, and shall indemnify ttie same against any such liability or responsibility. geveloper shall obtain and maintain a policy of liability insurance coverage with policy limits in the sum of not less than one million dollars ($1,OOO,a00.00) combined single limit, naming City and its duly elected and appointed officials, employees, agents and assigns, as insured parties therein. 5 - DEVELOPMENT AGKD~M~NT (122994} I2. MIfaCE~L14H~gUiS PltpVlslyxs. 'T'his agreement contains the entire agreement to Which it relates and supersedes any prior written or verbal agreements or representations; this agreement sha3.l be binding upon the parties and their agents, succQSSOrs and assigns; Developer shall not assign his rights under the terms of this agreement w~.thout the express written approval of City. xn the event either party .i.nstitutes legal proceedings far the purpose of en€arcixxg the within agreement or seeking damages €or the breach hereo€, or to recover the cost of completion of the improvements described herein, including an action against Developer, his band, cash deposit or letter o£ credit, the prevailing party shall be entitled to recovex' attorney fees and costs ~.ncurred at trial and on appeal in reasonable sums to be determined by the respective courts. 13. QR14H_~NQ ~'~NAL PLAT APPR(3VA.L. I~. is understood by the parties that upon execution of this agreement and related documents, City will issue final plat approval. EXECUTED IN DUPLrCATE, each party xetaina.xzg an original. City of Central Point, Oregon Mayor Rusty McGrath Autiorzz Regresentative Developer S'T'ATE QF dREGON ) ss. County of Jackson ) On the L ~~ day of , 1.99,, before me personally appeared Rusty McGrath an who, being first duly sworn, each for h~.mself and not far t e other, did say that the €ormer',is mayor of the City a€ Central Point, and the ~.atter is the ~„ r P SQL-{-Q,~;~,.~ o€ the City of Centxai Paint, an Oregon municipal corporation, and that the foregoing instrument was sa.gned on behalf of said municipal corporation by authority of its City Council, and each of them acknowledged the foregoing ~.nstrument to be his or her voluntary act and deed. ~~/~Q ~~-~~ ~c•o~~~~.~~~t~t~r~~&6 Notary Public for Oregon :~. h ~ ~ M Commission Ex Tres: ? '~ coj„r~l~sio~l r~a,o~~s4~ Y p ~' raY co~,fn~lsslo~ ~x~~;~~s tiuo. oz, ~ssa 6 ~- #~EVELOPMENT AGREEt•4ENT ( 122 9 94 } STATE OF OREGON ~9. County of Jackson ) on the ~ day o~ ~ f 7:99~a, personally appeared bef re me the above-named ..~~~21~~ ~..-, and $cknowledged the foregoing instrument to be his voluntary act and deed. ~c~ Notary Pub~,xc fo oxegon try commission E.xpires~ gyp-- ~ - 9~ ,~~~ flF~1CtALSEA'L. `;?~~`y;`' f~OTA~iYRUBLIG-4FdEGUP3 Pv1Y CQI11iP~i5SI0h1 EX~'IRES AUG. 07,1°~6 ? -~- DEVELOPMENT AGREEMENT {I22994-) /~ ~ jjJrr `T-V ~~ ~•~();~ a~ 6 Praperty Aifected: MEMORANDUM or coxxxx~c~~~ iy ~, ~',~ f Li f ~Igl~~Y ~"~~tiT, Iji-~Frs€ ~f~r~c~ Date o~ Contract: 2 9 Parties to Contract: City o~ Central Po~.nt, Oregon, an Oregon municipal cox'paration, and l•~aUt ~• Mooru n• ~. !~.,., yJ. t... Moa,^e. Nature o~ Obligation: This contract ~.s a "Development Agreement" reguxring the owners of the property to make certaa.n street and ut~il.ity ~.mproveraents on and near the property affected. Improvements are ree~uired to be made wi~.thin I8© days from date o~ agreert~ent. Future owners hound by contract. DATED this ~_ day of ~, 199. City o~ central. Yaint~ Oregon ~,~ `~, Mayor Authorize ep Sentat.ive ~. - MEMORANDUM OF CC)N`i'RAC'~' Y 1 .~ V V l c~ ~--~~-~ J~~va i a~t,~ STATE OF OREGON County of ~'ackson ss. On the ~J~"'I day of , 1990, persanal~.y appeared bef re me the above-named ~_ and ackz~owiedged the foregoing instrument to he h s/~,er voluntary act and deed. .,~.,~ ~ `~~' OF~fC;iik~S~I~L ff~~llt ~ i` 44>,. r l' yy~~ pti nn,, T'~.~©fl~s'F i'v ~i ~i.'F isifi<kC¢5'9!T) a~;Y,'lJF3~iC-OFEGQi~ ~!C?T ~..:;~ f } ;~ CO~Yii~ic~S±L;pd(~rJ.O3&843 STA'~E OF OREGON } ss. county of ~7ackson ) 1.~..~.. (~. . Notz~ry Public for Oregon My Commission Empires: d~ - ] ~ l~ On the /,~ day of , 3.99(p , ersonally appeared befo e me the above--named -~ c ~, , and who, being f st duJ.y swarm each far him f nd not~~cir the other, did say that the former a.s and the latter is the ~~,,, o Q o~ ~~,~,;,.P~ Qf the C y of Central. Port, an Oregon municipa~orpor tzon, and that the foregoing instrument eras signed an behalf of said municipal. corporation by authority of ats City council, and each of them acknowledged the foregoing instrument to be hi.s or her voluntary act and deed. ~": rr~~r i r rlAl.. ~ p - ~ ~•F ly~~li~i - ~ t ~ I r ~+ n >r a{ ~, i. ~:. -::?tl f-?. 'r -~ei'a ., . Notary Public for O~rego~ My Commi.ssa.on Expires : r~ '~ ~ ~~ ~ - MEMORANDUM OF COi~~'RACT