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HomeMy WebLinkAboutCouncil Resolution 559RESOLUTION NO. 559 A RESOLUTION GRANTING FINAL PLAT APPROVAL. TO THE SUBDIVISION KNOWN AS JACKSON CREEK ESTATES NO. 2 WHEREAS, Subdivider Tom Malot received preliminary plat approv- al for Jackson Creek Estates, Phase 2 on June 21, 1990, and has, pursuant to Central Point Municipal Code Chapter 16.28, submitted application for final plat approval, and WHEREAS, the Planning Commission of the City of Central Point has, on July 10, 1990, reviewed said application for final plat approval and recommended approval thereof subject to the conditions set forth in Planning Commission Resolution No. 201 recommending approval thereof, and WHEREAS, the City Council of the City of Central Point held a public hearing upon said application for approval of the final plat on the 19th day of July, 1990, and at said public hearing received and reviewed the City's staff report, the Planning Commission. re- port and resolution, and other evidence, and being fully advised, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1.Upon review of said application for final plat approval, the Council finds and determines the following: A. The same has been submitted in a timely fashion. B. The same is in conformance with the preliminary plat as approved. C. The submission is in the form and contains all of the information required by Central Point Municipal Code Chapter 16.28 and all applicable statutes. D. The appropriate fees have been submitted therewith. E. The Director of Public Works has. examined the same and finds it to be technically correct. F. The subdivider has not completed construction of all im- provements in accordance with said plat and conditions thereon, but has entered into a Subdivision Agreement to complete said improve- ments pursuant to Central Point Municipal Code Section 16.28.070 for the completion of all improvements and compliance with all conditions, which Agreement is attached hereto, marked Exhibit A, and which is by this reference incorporated into the within Resolu- tion, and further in relation thereto, the Subdivider has complied, in a manner satisfactory to the Council, with the bonding required by Municipal Code Section 16..28..080. Section 2. The City hereby grants final plat approval to the final plat for Jackson Creek Estates No. 2, subject to the execu- tion by Subdivider of the Subdivision Agreement attached hereto as Exhibit A, and further subject to completion of the bond require- ments, to the satisfaction of the City Council, as required by Municipal Code Section 16.28.080'. Section 3. The Mayor is hereby authorized and directed to execute said Subdivision Agreement, bond documents, final plat and all other documents on behalf of the City in connection with the within final plat approval and conditions. Passed by the Council and signed by me in authentication of its passage this T~ n day of 1990. / __ Mayor f ATTEST: City Re esentativ APPROVED by me this ~ day of RESOLUTION NO. 559 RESOJC2.90/COUNCIL AGREEMENT (Security for Performance) THIS AGREEMENT, made and entered into by and between THE CITY OF CENTRAL POINT, OREGON, an Oregon municipal corporation, hereinafter called City, and Tom Malot Construction, hereinafter called "Subdivider". WITNESSETH: WHEREAS: Subdivider has heretofore entered into a Subdivision Agreement with City, dated. February 6, 1990, requiring construction of public facilities described therein, and said public facilities have not yet been totally completed, and WHEREAS: Subdivider has applied to City for final plat approval of Jackson Creek Estates Unit No. 2 Subdivision, and as a condition thereof, City has required a cash deposit in a sum sufficient to secure compliance with said Subdivision Agreement and sufficient to complete construction thereof in the event of Subdivider's failure to do so, and the sum established and agreed between the parties as being necessary for said purpose is the sum of $7,500, now, therefore, in consideration of the covenants herein exchanged. IT IS HEREBY AGREED BY AND BET6VEEN THE PARTIES AS FOLLOWS: City hereby acknowledges receipt of the deposit by Subdivider of the sum of Seven Thousand Five Hundred Dollars ($7,500) to secure Subdivider's performance of the Subdivision Agreement between the parties dated February 16, 1990, and in consideration thereof agrees to grant final plat approval to Jackson Creek Estates Unit No. 2 Subdivision to Subdivider. City agrees that in the event said public facilities are completed within the time specified in said agreement and in accordance with. the specifications and descriptions contained in said agreement, said deposit shall be fully refunded to Subdivider upon acceptance of said improvements by City. Subdivider agrees that in the event that the public facilities described in said Subdivision Agreement of February 16, 1990 are not fully completed within the time specified in said agreement and/or in accordance with the specifications and descriptions contained therein, City shall have the unlimited right, in its own discretion, to utilize said deposit for the completion of said improvements by City, or a person or firm with whom City shall contract for such completion, on such terms and for such amounts as City shall, it its sole discretion, determine, and that following completion of said improvements, City shall have the further right to further deduct from said deposit all sums and costs incurred by City in the completion of said improvements, including administrative costs, whereupon any remaining balances shall be refunded to Subdivider. IN l9ITNESS WHEREOF, the parties hereto have set their hands to this instrument as of the day and year first hereinabove written. CITY O @Ei4TRAY'POI~IT, OREGON ~ z ~ ~ ,. Don Jones; ayor SUBD V'DER, Tom Malot Constr ction B ~. Title: President STATE OF OREGON ) ss County of Jackson ) Per~Y aPPeared Don. Jones before me on this l3 day of 1990, and acknowledged that the foregoing instrument was si ed y him as Mayor of the City of Central Point, Oregon, and that the foregoi instrument was his voluntary act and deed. Notary Public f r Oregon 9 My Commission Expires:~~ STATE OF OREGON ) ss County of Jackson ) Personally appeared Tom Ma t, President of Tom Malot Construction., before me this_~~day of 1990, and acknowledged that the foregoing instrument was sign by him and that the foregoing instrument was his voluntary act and deed. C-~e-e-e-P-~- ~, .'~~~~~~.~,-, Notary Public for Oregon ~~~/~7~~~ My Commission Expires:-7 AGRJCK.2