HomeMy WebLinkAboutResolution 302 - Castle Court (Redha) Site Plan.~
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PLANNING COMMISSION RESOLUTION NO. ,~~
A RESOLUTION APPROVING AN AMENDED SITE PLAN
FOR THE CASTLE COURT CONDOMINIUM PROJECT
(Applicant: Redha Corporation)
{37 2W 11A Tax Lot 1700)
Recitals
1. Applicant received site plan approval far the Castle
Court Condominium project at the March 1, 1994 Planning
Commission meeting. The project consists of the construction of
104 condominium units.
2. The developer of the project initially constructed six
buildings consisting of 24 condominium units, and will complete
the remaining 80 units in 4-5 phases. However, the site plan
approval was for the entire 104 units. Conditions placed on the
project include the construction of certain improvements, and no
certificates of occupancy are authorised on the 24 completed
units until all of the improvements have been constructed.
However, many of the improvements wall not logically be
constructed until more units have been built.
3. The developer wishes to obtain certificates of
occupancy, but under the present site plan approval, no
certificates of occupancy may be issued until all of the
improvements are completed. The remaining improvements are set
forth below, and total approximately $24,223.17.
Now, therefore;
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF
CENTRAL POINT, OREGON, AS FOLLOWS:
Section 1 Required Improvements Remaining. The following
improvements and the estimated costs thereof are as follows:
1. Overlay Columbine Way $ 11,000.00
2. Two utility crossings 2,300.00
3. Traffic signing 200.00
4. Relocation of 12-inch sanitary
sewer line in northerly portion
of project 6,440.00
5. Street dedication attorney fee 1,000.00
6. Public works construction permit 2,983.17
Total $ 24,223.17
1 - PLANNING COMMISSION RESOLUTION NO. ,.~o a (093094)
Passed by the Planning Cr~mmission and signed by me in
autl-a~ntzc~ pion c~ its passage thi_:-~ a~ da~r of
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Pl ninJ C:ui~t't.~s1 pia Ct~air~la~~
AT`T'EST
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Approved by me this clay of _ _- ~~__-, 1994 .
Planning Gc~mz~tissic~n Ct' ; i rman
PTaANNING c~l~MTSST~rr ~ES~T~uTTO ~c~.~ (093794 }
94'-356~y
DEVELOPMENT AGREEMENT
(Forest Glen Subdivision, Phase III)
y~; o 0
This agreement, made and entered into this b day of
July , 1994, by and between the City of Central
Point; Oregon, an Oregon municipal corporation, hereinafter
referred to as "City", and Gary T. Whittle, hereafter referred to
as "Developer's .
Recitals
1. Developer has previously been granted tentative plan
approval by City for a 48-lot subdivision, as set forth in
Planning Commission Resolution No. 285 which approval is
subject to certain conditions.
2. Developer has applied to City for final plat approval of
said subdivision.
3. Before final plat approval can be obtained, Central
Point Municipal Cade 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:
Aareement
1. PROPERTY AFFECTED. This agreement affects Phase III of
Forest Glen Subdivision, Central Point, Jackson County, Oregon,
according to the official plat of record. 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 an such tentative plan approval;
B. Central Point Planning Commission Resolution No. 285 ,
dated Agri, 1 15 , 1994;
C. All construction plans and specifications;
1 - DEVELOPMENT AGREEMENT (Q63094)
9435609
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 1&.12.080. Developer has chosen the following:
XXX
surety bond
cash deposit
letter of credit
The sum agreed to secure Developer's performance hereunder is
$214,200, which sum is hereby deemed sufficient to cover the cost
of the improvements and repairs, including related engineering
and incidental expenses, administrative expenses, inflationary
casts, and the cast of city inspections.
4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete
each and every obligation contained herein within 60 days 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:
2 - DEVELOPMENT AGREEMENT (063094)
94-3559
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 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 casts 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 monthly 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.
3 - DEVELOPMENT AGREEMENT (063b94)
94~356U9
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 casts, 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 project, 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
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 there
are no deficiencies, or upon approval of any necessary repairs,
City sha11 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 far performance
requirements of Central Point Municipal Cade 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 woad stakes establishing said corners.
4 - DEVELOPMENT AGREEMENT (063094]
94-356Uy
In the event either party institutes legal proceedings far
the purpose of enforcing the within agreement or seeking damages
for the breach hereof, or to recover the cast 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 Paint, Oregon Developer
By
Mayo Roger Westensee Gary Whittle
Authorize e esen ative
STATE OF OREGON )
ss.
County of Jackson )
r On the (~ ~- day of , 1994, before me
personally appeared Roger W ensee and ,
who, being first duly sworn, each for himself an of far the
other, did say that the former is Mayor,o the City f Central
Point, and the latter is the ~ of the
City of Central Point, an Oregon manic pal c rporation, 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,
~~.,~~ ~ .
t OFFiC1A,L SEAL Notary Public far Oregon
.. tis~ ': Nfll'A;~Yf'ti1JL3C-Oa'iEGON My COmmiSSlOn Expires: ~ fp
~~`+~. cor.,r4~i~s!or~ ivo.o2~2~
tJY CCP,~h~!~510N ~XPiRES MAR.06,1997
5 - DEVELOPMENT AGREEMENT (063094)
~~~:~ssos
STATE OF OREGON )
ss.
County of Jackson }
On the ~ day of , 1994, personally
appeared before me the abov nam Gary T. Whittle, and
acknowledged the foregoing instrument to be his voluntary act and
deed.
OFfI(:i,AL b"tAl
_ WANDY J LdMMEL Notary Pu .~c r Oregon
z'r COA^,MISSIONtINO. 009395 MY Commis on- x ices
Mrconv~n~sS~oN~tRr"sivov8,~s95
7 - DEVELOPMENT AGREEMENT (063x94)
/~94-35609
Letter of Credit No. 95
July 5, 1994
Page Two
We hereby agree that any draft(s) drawn under and in
compliance with this Letter of Credit, and before the
expiration date of September 5, 1995, wi11 be duly honored
so long as the amount(s) thereof do not exceed the total
credit extended.
Very tr y y urs
Michael Neyt
President
MN:ata
~acksan Cnun~i, 4r~o~
Rec~rdeci
~FFiCI~. ~tE~®RaS
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IC~+~HLF.~N S. BECKETt'
LARK ari RAC
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