HomeMy WebLinkAboutResolution 295 - Forest Glen, Ph. III Final19 's ,.
PLANNING COMMISSION RESOLUTION NO. ~ 95
A RESOLUTION GRANTING APPROVAL OF A FINAL PLAT
FOR PHASE III OF FOREST GLEN SUBDIVISION
(Applicant: Gary T. Whittle)
(37S 2W 11A Tax Lot 1800)
(37S 2W 11D Tax Lot 100)
Recitals
1. Applicant previously received tentative plan approval
for Phase III of Forest Glen Subdivision, a 48-lot subdivision in
an R-1-6 district of Central Point, Oregon. Applicant has now
submitted an application for final plat approval for such
subdivision.
2. On July 5, 1994, the Planning Commission reviewed the
application for final plat.
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 submitted herein is in substantial
conformance with the approved tentative plan and the conditions
placed on the approved tentative plan, as well as all applicable
ordinances and state laws. The required subdivision improvements
have not been made, but Applicant has executed a Development
Agreement, a cagy of which is attached hereto, providing for the
required improvements. Applicant has also satisfied City
requirements for securing performance of the required
improvements, in the form of a letter of credit.
Section 2. Approval is hereby granted to the final plat
submitted herein for Phase III of Forest Glen Subdivision,
subject to all applicable conditions contained in the tentative
plan approval, together with requirements contained in the
Development Agreement. The Planning Commission Chairman is
hereby authorized 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
1994.
C-~ ~~~
Planning Commission Chairman
1 - PLANNING COMMISSION RESOLUTION NO. a 9s" (063094}
ATTEST:
City Rep en ative
Approved by me this _._~ day o~ ~ 1994•
,~"
Planning COI[Lri115S1013 Chairman
2 - PLANNING COMMISSION RESOLUTION N0. a q~" (063094)
DEVELOPMENT AGREEMENT
(Forest Glen Subdivision, Phase III)
This agreement, made and entered into this ~ day of
,1uly ,,.,,.. , 1994, by and between the City of Central
Paint, Oregon, an Oregon municipal corporation, hereinafter
referred to as "City", and Gary T. Whittle, hereafter referred to
as "Developer".
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 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:
A regiment
1. PROPERTY AFFECTED. This agreement affects Phase TII of
Forest Glen Subdivision, Central Point, ~Tackson 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 sha11 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. Central Point Planning Commission Resolution No. 285 ,
dated April ].5 , 1984;
C. All construction plans and specifications;
1 - DEVELOPMENT AGREEMENT (D63094)
D. Terms and conditions contained in the City's Public Wark
Standards;
E. Terms and conditions contained in the Construction
Permit;
E. 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 Paint Municipal
Code Chapter 16.12.080. Developer has chosen the following:
XXX
surety band
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
costs, and the cost 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
fallowing:
2 - DEVELOPMENT AGREEMENT (063094)
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 INSFECTION. 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 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 far the construction of, or modification to the
construction of, the improvements.
3 - DEVELOPMENT AGREEMENT (063094)
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 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 Paint
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 pasted by Developer.
9. GUARANTEE OF WORK. Developer guarantees, far a period
of two years from acceptance of completed work, that all
improvements hereunder shall be free from detects 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 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 16.22.080, 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 wood stakes establishing said corners.
4 - DEVELOPMENT AGREEMENT (063094)
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 or any claims
of any sort arising out of the issuance of the building permit
and construction performed thereunder.
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, apprnval
and acceptance of the improvements by the City, in accordance
with the entire Development Agreement, and agree 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 an 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 far 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 limit, naming City and its duly
elected and appointed officials, employees, agents and assigns,
as insured parties therein.
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 apprnval of
City.
5 - DEVELOPMENT AGREEMENT (063094)
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 cost of completion of
the improvements described herein, including an action against
Developer, his bozzd, 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.
J.3. 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
May Roger Westensee Gary T. Kittle
Authori presentative
STATE OF OREGON )
ss.
County of Jackson )
On the ~ ~ day of ~-~c~Q tom- _ , 1994, before ,one
personally appeared Roger W~tense~ and ~ ,
who, being first duly sworn, each for himself and not for the
other, did say that the former is Mayor f the Cit of Central
Paint, and the latter is the ~ of the
City of Central Paint, an Oregon muni 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.
. \ „
~r~-~ er-~,~l~~s`~~a~ Notary Public for Oregon
r{'°~`~_<,~} ~°~~`-'-~P,~.°'.~P=~,"~{;,i My Commission Expires: 3 CQ
~%~ GC7i'~~tiSSIQ~!'dJ.Q2~?_i;U
itli~' Gi~PtNlSSlON ~?;PIRF~ ~„RR. Oo,1587
~~
6 - DEVELOPMENT AGREEMENT (063094)
STATE Off' OREGON )
ss.
County of Jackson )
On the ~_ day of , 1994, personally
appeared before me the abov n Gary T. Whittle, and
acknow~.edged the foregoing inst ument to be his voluntary act and
deed.
o~rlcla~ s~~~
~.~•~ ~- ~~or~R~' PlJbil~ -- o~e~ar3 Notary Pub fo Oregon
CC).~MIS510N NO. Afl49395 p+jy ~pTT1Til1.SS ~ On EXp1reS' ~~_~ -gam"
MYCOAhNr}5S30NEXFIRESNCVB, 3995
7 - DEVELOPMENT AGREEMENT (063Q94)