HomeMy WebLinkAboutResolution 332 - Jackson Creek, Unit No. 6~~ 9 ~/07_.~f.
PLANNING COMMISSION RESOLUTION NO. ~~
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
JACKSON CREEK SUBDIVISION, UNIT NO. 6
(Applicant: Tom Malot Construction Co.)
(37 2W ~.OC Tax Lot 3000)
Recitals
1. Applicant has previously received tentative plan
approval and has now submitted an application for final plat
approval for Jackson Creek Subdivision, Unit No. 6, located in
the southwest quadrant of the City of Central Point, Oregon.
2. On October 3, 1995, the Planning Commission of the City
of Central Point reviewed said application for final plat
approval.
Now, 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/letter
of credit, which is acceptable to the City.
Section 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 Chairz~an
of the Planning Commission is hereby authorised 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 ~ day of ~~~~~ ~ ,
1995.
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Planning Commission Chairman
ATTEST:
City Rep enta ive
1 - PLANNING COMMISSION RESOLUTION N0. ~~ (092695)
Approved by me this ~ day of ~~~_~~ I995.
Planning Commission Chairman
2 ~- PLANNING COMMISSION RESDLUTIDN NO. ~~ (092695)
DEVELOPMENT AGREEMENT
(Jackson Creek Subdivision, Unit Nn. 6)
(Tam Malot Construction Co.)
This agreement, made and entered into this ~ day of
T, 1995, by and between the City of Central
Point, Oregnn, an Oregon municipal corporation, hereinafter
referred to as "City", and Tom Malot Construction Co., hereafter
referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan
approval by City for Jackson Greek Subdivision, Unit No. 6, 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 Paint
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 Jackson Creek
Subdivision, Unit No. 6, in the City of Central Point, Jackson
County, Oregon, according to the official plat thereof. This
agreement shah. be recorded, and is intended to attach to, and
shall run with the land. Tn 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 an such tentative plan approval;
B. The Central Point Planning Commission resolution
approving the tentative plan, including all conditions contained
in such approval;
C. All construction plans and specifications;
1 - DEVELOPMENT AGREEMENT (092695)
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
Cade.
G. Any applicable provisions of the Central Point Municipal
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 Pnint Municipal
Code Chapter 16.12.080. Developer has chosen the following:
surety bond
cash deposit
letter of credit
The sum agreed to secure Developer's performance hereunder is
~~~~ ~ ~ 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 cast of city inspections.
4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete
each and every obligation contained herein within
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
campl`etion 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:
2 - DEVELOPMENT AGREEMENT (092695)
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
street rock base;
e. Inspection and testing of base rack prier 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 constructinn within public right
of way or easement dedicated or to be dedicated.
7. COSTS OF ADMYNISTRATTON 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 Cade, the within agreement, and all
other applicable standards, rules, regulations and laws, which
sums shall be due on a monthly basis and shall be paid within IO
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 constructinn drawings, engineering or
specifications for the construction nf, or modification to the
construction of, the improvements.
3 ~ DEVELOPMENT AGREEMENT {092695)
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.
$. ACCEPTANCE OF COMPLETED WORK. Upon completion of the
improvements in full compliance with the tentative plan
previously approved for the prnject, all conditions placed on
tentative plan approval, all construction plans, construction
specifications, terms and conditions contained in the City's
Public Works Standards, terms and conditions contained in the
construction permit, together with all terms and conditions set
Earth herein and any applicable provisions of the Central Point
Municipal Cnde, 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 wnrkmanship
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. BUILDING AND OCCUPANCY PERMITS. Upon execution of this
agreement and upon satisfaction of the security for performance
requirements of Central Point Municipal Code 15.I2.~80, 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.
4 - DEVELOPMENT AGREEMENT (092595)
b. Developer must submit a plan for 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 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 ar 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 nr 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 fu11
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 15.36 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 nr
responsibility by reason of any omissions, errors, or deletions
on the plans and specifications for the improvements or the
construction therenf, and shall indemnify the same against any
such liability or responsibility. Developer shall obtain and
maintain a pnlicy 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 insured parties therein.
5 - DEVELOPMENT AGREEMENT (092595)
~.2. 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, nr to recover the cost of completion of
the improvements described herein, including an action against
Developer, his band, 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
Mayor Rusty McGrath
Authari ~~ Representative
Tam Malot Construction Ca.
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Tam Malot
STATE OF OREGON )
ss.
County of Jackson )
On the t9 day of , 1995, before me
personally appeared Rusty McGrath and - ,
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 ./1~iyc~~,G~1.Q, of the
City of Central Paint, an Orego 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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6 - DEVELOPMENT AGREEMENT (092695)
STATE OF DREGON
ss.
County of Jackson )
On the ~~ day of ~~~~ ~~ , 1995, personally
appeared before me the above-named Tam Malot, and acknowledged
the foregoing instrument to be his voluntary act and dead.
~~ _
OFEICIAt sEA~ Notary Pu is f r Oregon
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7 - DEVELOPMENT AGREEMENT (092695)
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Frope~rty Affected: Jackson Creek. Subdivision, Unit No. 6, in the
City of Central Point, Jackson County, t~regon, according to the
official plat thereof.
date of Contract: ~
Farta.es to Contract: City of Cen~.ral Point, aregon, an t~regon
municipal corporatiol~, and Tom Malot Construction Co»
Nature of Obl3.gationt This contract is a ~'I7evelopent Agrer~znen~~~tr
requiring the c~~~~n~ ~x~s of the property to make curtain street and
utility improv~,T~ents on and near the property affected.
Improvements arc' required to be made within 1~3Q days from date of
agreement. Future owners bound by contract.
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Aut.t~orized Kepresentative
STATE t7F QI~EG(~N )
ss.
County of Jackson )
tin the day of , 1995, personally
appeared before me the above-z~a~ red Teim Malot, and acknowledged
the foregoing instrument to be his voluntary act and deed.
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1 -- MEMC3RANDUM {~~' CCI~ITR:ACT (C19 2 6 9 5}
STATE OF OREGON )
ss.
Caunty of Jackson )
On the I~' day of 1995, personally
app ared bef re me the above-named Mayor Rusty McGrath, and
- ~ (' , who, being first duly sworn, each
for hi el and not for the other, did say that the farmer is the
Mayor and the latter is the of the City of
Central Paint, an Oregan 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 ar her voluntary
act and deed.
Notary ub'lic for egon
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2 - MEMORANDUM OF CONTRACT (092695)