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HomeMy WebLinkAboutResolution 294 - Countryside Village, Unit No. 1 Final~7Ud~c~ PLANNING COMMISSION RESOLUTION NO. 294 A RESOLUTION GRANTING APPROVAL OF A FINAL PLAT FOR UNIT NO. 1 OF COUNTRYSIDE VILLAGE SUBDIVISION (Applicant: Terry Buntin} (37S 2W 11A Tax Lot 163) Recitals 1. Applicant previously received tentative plan approval for Suburban Subdivision, a 33--lot subdivision in an R-3 district of Central Point, Oregon. Applicant has now submitted an application for final plat approval for the same subdivision; however, the name of the subdivision has been changed to Countryside Village Subdivision, Unit No. 1. 2. On June 21, 1994, the Planning Commission reviewed the application for final plat. Now, therefore, BF 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 for Suburban Subdivision, 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 copy 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 Gashier~s Check ~n the amount of ~3,704.Q0. Section 2. Approval is hereby granted to the final plat submitted herein for Countryside Village Subdivision, Unit No. 1, subject to all applicable conditions contained in the tentative plan approval for Suburban Subdivision, 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.... ? ~ -4-t~ Planning ommission Chairman 1 - PLANNING COMMISSION RESOLUTION NO. 294 (061594) ATTEST: City Repr nt five Approved by one this ~~ day of 1994. ~.C~~~~r ~ ~;~`~~~ ~~ Planning Commission Chairman 2 ~- PLANNING COMMISSION RESOLUTION NO. 244 (061594} DEVELOPMENT AGREEMENT (Countryside Village Subdivision, Unit No. 1) This agreement, made and entered into this ~. day of 1994, by and between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City", and Terry Buntin, Rich B. Rogers and George G. Cota, hereafter referred to as ''Developers". Recitals 1. Developers have previously been granted tentative plan approval by City for an 33-lot subdivision, called "Suburban Subdivision" as set forth in Planning Commission Resolution No. _- zhQ dated ~~~~,~~ 21 1993 , which approval is subject to certain conditions. 2. Developers have applied to City for final plat approval of said subdivision, but have changed the name to Countryside Village Subdivision, Unit No. 1. 3. Before final plat approval can be obtained, Central Point Municipal Code Chapter 1,6.36 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 Unit No. 1 of Countryside Village Subbdivision, 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 Developers' heirs, successors and assigns shall be bound by this agreement. 2. CONSTRUCTION. Developers shall construct or cause to be constructed, at Developers' 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 Paint Planning Commission Resolution No. Zb9 , dated , 1993 ; 1 - DEVELOPMENT AGREEMENT (061594) C. All construction plans and specifications; 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. Tn connection with this agreement, Developers 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. Developers have chosen the following: surety bond - ~ __ cash deposit ----- letter of credit The sum agreed to secure Developers' performance hereunder is $ 3 ,70~? ~ f1A , 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. Developers shall complete each and every obligation contained herein within 180 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 Developers 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 Developers, their letter of credit, their cash deposit or their bond for recovery of the costs of said completion. Such costs shall include all costs and expenses described herein. 2 - DEVELOPMENT AGREEMENT {051594) 6. INSPECTION OF WORK. Developers shall provide access to City to conduct inspections, including, but not limited to, the following: 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 backfiliing 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. Ynspection and testing of the placement of the surfacing material; g. Inspection and tasting 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. Developers agree 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 1D 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 Developers, project engineer or developer to review project, City standards, specifications, ordinances and procedures. c. Providing Developers, Developers' representative or any jurisdictional, governmental, or utility entity with information on existing conditions, facilities, and capital improvements required. 3 - DEVELOPMENT AGREEMENT (Db1594) d. Reviewing all construction drawings, engineering or specifications for the construction of, or modification to the construction of, the improvements. 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 posted by Developer. 9. GUARANTEE OF WORK. Developers guarantee, 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, Developers 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 Developers' satisfactory completion of warranty. 1©. BUILDING AND OCCUPANCY PERMITS. Upon execution of this agreement and upon satisfaction of the security for performance requirements of Central Point Municipal Code 16.12.0$Q, City may issue building permits to Developers concurrently with construction work upon the improvements themselves, under the following terms and conditions: a. Developers must, prior to commencing construction under any such building permits, or allowing the commencement of construction thereunder, furnish a survey performed by a 4 - DEVELOPMENT AGREEMENT {061594) registered professional land surveyor meeting the requirements of state law, setting out the property corners far the lot for which the building permit or permits are to be issued, with either iron pins or woad stakes establishing said corners. b. Developers must submit a plan for the protection of streets and improvements satisfactory to City, and shall assume all responsibility far 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. Developers 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. Developers shall not sell any of said lots or enter into any agreement far 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, approval 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 Developers, nor any person on their 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. Developers agree 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, ar deletions on the plans and specifications for the improvements or the construction thereof, and shall indemnify the same against any such liability or responsibility. Developers 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 S - DEVELOPMENT AGREEMENT (061594) and assigns; Developers shall not assign their 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, or 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 APPRQVAL. 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 Developers By May Roger Westensee Aut ar R presen ative STATE OF OREGON ) } ss. County of Jackson ) On the ~~ day of 1994 before me personally appeared Roger sten ee and gnlD ~OMM~L who, being first duly sworn, each for himself nd not for the other, did say that the former is Mayor of the City of Central Point, and the latter is the E} .NpR~~~ ,~ T T(~ of the City of Central Point, an Oregon 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 ,_~:-.. OFFIC~kL SEAS. "7.~~~,% NOTAFiYPU6LtC-QREuO~f cor~a~~ssior~ €~o.a2]2cs Notary Public fnr regon MYCat,~[Ss[QNEx?lRESNAR.QG,]997 My CommiSSinn Expires: 6 - DEVELOPMENT AGREEMENT (061594) c(~lr ~~ ~G~I G urge G. Co a STATE OF OREGON ) ss. County of Jackson ) On the ~~ day of , appeared before me the abov arced Terry acknowledged the foregoing instru~rent to deed. .~..~~ OFFICIAL SEAL :~~ :. clrc~t.r~ r. ate; Tsar: r~~: NOTA,R!Y~~'i1R^;.,iG-/~L'r•uGON .. CUIV:~lli~i~~`11~~ L~,.J-OL1~CU MY COi'dNi155i0N EXPIRES rYtiiR.vfi,1997 STATE 4~' OREGON ) } ss. County of Jackson ) 1994, personally L. Bunt~.n, and be his voluntary act and Notary Public for Dragon My Commission Expires: On the `r3~ day of , 1994, personally appeared before me the abov named Rich B. Rogers, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL SEAL CECELIA t ~. GO,dbrd ' hOTARYPUGLIC-OREGON Notary Public for Oregon CotwMISS1aN No.o212os M Commission Ex ices : ~~~ MY COMM1SS10N 1<XPERES MAR. Ofi,1997 y P STATE OF OREGON ) } ss. County of Jackson } On the ~_ day of , 1994, personally appeared before me the abov -named George G. Coto, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICI,~L SFA1. Notary P ~c x' Oregon "~~.„, r~o,,4;~: Pu~uc , c~~~~:,, My Commi ion pires / MYCUhSA;;SSiQN~PiRfSr~fOVS,75+95 7 - DEVELOPMENT AGREEMENT (051594)