HomeMy WebLinkAboutCouncil Resolution 611RESOLUTION N0. bll
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO THE
SUBDIVISION KNOWN AS JACKSON CREEK ESTATES UNIT NO. 3, PHASE II
WHEREAS, on September 23, 1991, Subdivider Tom Malot
Construction Co., Inc., and Noel Moore, dba W.L. Moore
Construction Co., received tentative plan approval for Jaclcson
Creek Estates, Unit No. 3, Phase II, and has, pursuant to Central
Point Municipal Code Chapter 16.12, submitted an application for
final plat approval, which application was reviewed, along with a
City Staff Report, by the City Council on January 16, 1992; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. The Council finds and determines. that the final
plat is in conformance with the approved tentative plan,
conditions placed thereon, is in proper form and has been timely
submitted, and contains all of the information ..required by CPMC
Chapter 16.12 and all applicable state statutes.
Section 2. Construction of all required improvements has
not been completed, but the Subdivider has agreed to enter into a
Subdivision Improvements Agreement, attached hereto, marked
Exhibit "A", and by this reference incorporated herein, and an
Agreement for Gash Security for Performance Under Subdivision
Agreement, attached hereto, marked Exhibit "B", and by this
reference incorporated herein, which agreements satisfy the
requirements of CPMC 16.12.070 regarding subdivision improvements
and 16.12.080 regarding bonding for said subdivision
improvements.
Section 3. Final plat approval is hereby granted for the
final plat of Jackson Creek Estates Subdivision, Unit No. 3,
Phase II, subject to the execution by Subdivider of the
Subdivision Improvements Agreement and Agreement for Cash
Security for Performance Under Subdivision Agreement.
1 - RESOLUTION N0. bll (011092)
Section 4. The Mayor is hereby authorized and directed to
execute the Subdivision Improvements Agreement and Agreement for
Cash Security for Performance Under Subdivision Agreement
documents, final plat and all other documents nn behalf of the
City in connection. with the within final plat approval.
Passed by the Cot_rncil and s'gned by me in authentication of
its passage this ~_ day of ~C~/~/_7 ~/~/, ~'/`/-~ 1992.
Mayo. Roger Westensee
ATTEST:
X-\l GL~ /~'G~ Fill / / O ~ l
Designate ityy0ff' er
Approved by me this ~~'da/y,~/of ~, 1992.
~7 /~~ c~cG1~-?1.~-Q
Mayo Roger Westensee
2 - RESOLUTION N0. 611 (011092)
s''.€IIBIi ~ ~_7~~,
SUBDIVISION IMPROVEMENTS AGREEMENT
Jackson Creek Estates Subdivision, Unit No. 3, Phase II
This agreement,. made and entered into this ~7~'day of
January, 1992, by and between the City of Central Point, Oregon,
an Oregon municipal corporation, hereinafter referred to as
"City", and Tom Malot Construction Co., Inc. and Noel Moore, dba
W.L. Moore Construction Co., hereinafter referred to as
"Subdivider".
Recitals
1. Subdivider has previously been granted tentative plat
approval by City for Subdivider's project known as Jackson Creek
Estates. Subdivision, Unit No. 3, Phase II, which approval is
subject to certain. conditions.
2. Subdivider has applied to City for final plat approval
of said subdivision groject.
3. Before final plat approval can be obtained, Central
Point Municipal Code Chapter 16.12 requires, among other things,
that Subdivider and City execute and file an agreement relating
to certain improvements and repairs required to be made in the
subdivision at issue.
Now, therefore, in consideration of the convenants herein
exchanged, the parties agree as follows:
Agreement
1. CONSTRUCTION. Subdivider shall construct or cause to be
constructed, at Subdivider's own expense, the subdivision and
improvements, described in and in compliance with, the tentative
plan previously approved for the project, all conditions placed
on tentative plan approval, all constructions plans, construction
specifications, terms and conditions contained in the City's
Public Work 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.
2, gFrURTTY FOR PERFORMANCE. In connection with this
Agreement, Subdivider shall also submit to City, to assure his or
her full and faithful performance of all obligations hereunder,
1 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092)
one of the forms of security approved under Central Point
Municipal Code Chapter 16.12.080. Subdivider has chosen the
following:
surety bond
cash deposit
letter of credit
The sum agreed to secure Subdivider's performance hereunder is
$4,020, 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.
3. TrME AL•L•OWED FOR CONSmRUCTION. Subdivider shall
complete each and every obligation contained herein within 210
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.
4. REMEDIES UPON BREACR. In the event that Subdivider
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 Subdivider, his letter of credit, his cash deposit or his
bond for recovery of the costs of said. completion. Such costs
shall include all casts and expenses described herein.
5. INSPECTION OF WORK. Subdivider 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 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;
2 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092)
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.
6. COSTS OF ADMINISTRATION AND IM• •GSPie TIONS• Subdivider
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 Subdivder's 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 to review project,
ordinances and procedures.
Subdivider, project engineer or
City standards, specifications,
c. Providing Subdivider, Subdivider'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 modifications to the
construction of, the subdivision.
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.
7. ACCFPmANCE OF COMPLETED WORK. Upon completion of the
subdivision and improvements in full compliance with the
tentative plan previously approved for the project,. all
conditions placed on tentative plan approval, all construction
3 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092)
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 Subdivider, 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
Subdivider.
8. GUARANTEE OF WORK. Subdivider 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, Subdivider 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
Subdivider's satisfactory completion of warranty.
9. BUILDING AND OCCUPANCY. PERMITS. Upon execution of this.
agreement and upon satisfaction of the security for performance
requirements of Central Point Municipal Code 16.12.080, City may
issue building permits to Subdivider or purchasers of lots within
such subdivision concurrently with construction work upon the
subdivision improvements themselves, under the following terms
and conditions:
a. Subdivider 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.
b. Subdivider 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 subdivision or any of the subdivision
improvements, as determined by City, as a result of the
construction performed under the building permits authorized.
c. Subdivider 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.
4 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092)
d. Subdivider 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 Gity 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 entire subdivision and improvements by the
City, in accordance with the entire Subdivision 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 Subdivision
Agreement and Central Point Municipal Code Chapter 16.12 shall
have been met.
e. Neither Subdivider, 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.
10. HOLD HARMLESS AND INSURANCE. Subdivider 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 for the improvements in the within
subdivision or the construction thereof, and shall indemnify the
same against any such liability or responsibility. Subdivider
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.
11. MISCELLANEOUS PROVISIONS. This agreement contains the
entire agreement to which it relates and aupercedes any prior
written or verbal agreements or representations; this agreement
shall be binding upon the parties and their agents, successors
anal assigns; Subdivider shall not assign his rights tinder 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 subdivision improvements described herein, including an
action against Subdivider, 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.
5 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092)
i~
12.
A t AT AttROVA 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 Subdivider
B ~~
Ma r Roger Westensee
Authorize eprese tive
STATE OF OREGON )
ss.
County of Jackson )
Tom lot Construction Co.,
Inc.
Tom Malot, President
W.L. Moor e(~Construction Co.
Noel Moore, President
On the___1-7 day of J nuary, 1992, before me personably
appeared _ ~cf'.E,c=_(~ L ~~~~'>1'!~ Qri and ~~Fk-~-~17~} ~'PF7~?.l i r I
who, being first duly sworn, each for himself an not fbf the
other, did say- that the former is +/~•IAV"!% 1~~ and the
latter is the ~~~(2_r°~=it,''T,c~7i .~ 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 ac}~(a~nd deed.
Notary Public for Oregon,
My Commissi i?~-~~~; c ~~
STATE OF OREGON ) ~--~-----____ __ _
r
County of Jackson ) ~ p L~~ rl .~ ~~
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On the /~~`day of January, 1992, T~o`re"'r~ie'~~F's-orra~lly
appeared Tom Malot, who being first duly sworn, each for himself
and not for the other, acknowledged the foregoing instrument to
be his voluntary act and deed.
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6 - SUBDIVISION IMPROVEMENTS AGREEMENT (011.092)
STATE OF OREGGN
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County of Jackson )
On the ~-"day of January, 1992, before me personally
appeared Noel Moore, who being first duly sworn, each for himself
and not for the other, acknowledged the foregoing instrument to
be his voluntary act and deed. ~//~/~ 1/~f, //~~
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7 - SUBDIVISION IMPROVEMENTS AGREEMENT (011092)
1?x13TBIT
AGREEMENT FOR CASH SECURITY FOR PERFORMANCE
UNDER SUBDIVISION AGREEMENT
This agreement made and entered into this ~~day of
January, 1992, by and between the City of Central Point, Oregon,
an Oregon municipal corporation, hereinafter referred to as
"City", and Tom Malot Construction Co., Inc., and Noel Moore, dba
W.L. Moore Construction Co., hereinafter referred to as
"Subdivider".
Recitals
1. Subdivider has previously been granted tentative plat
approval by City for Subdivider's project known as Jackson Creels
Estates Subdivision, Unit No. 3, Phase II, which approval is
subject to certain conditions.
2. Subdivider has applied to City for final plat approval
of said subdivision project, but prior to final approval, Central
Point Municipal Code Chapter 16.12 requires, among other things,
execution of an improvements agreement, and security for
performance thereunder by one of three methods. This Agreement
is intended to constitute the required security for performance.
NOW, THEREFORE, in consideration of the foregoing and the
covenants herein exchanged, it is agreed as follows:
Agreement
1. The parties agree that the sum sufficient to complete
construction of the obligations of Subdivider under the
"Subdivision Improvements Agreement" executed by the parties is
the sttm of $4,020, which sum is sufficient to cover the cost of
the required improvements and repairs, including related
engineering and incidental expenses, administrative expenses,
inflationary costs, and. the cost of inspections.
2. City hereby acknowledges receipt from Subdivider of the
sum of $4,020 to secure Subdivider's performance under the
parties' Subdivision Improvements Agreement.
3. City agrees that the cash deposit shall be fully
refunded to Subdivider upon completion of all obligations set
forth i.n the Subdivision Improvements Agreement, and. upon final
acceptance of the same by City.
4. Subdivider agrees and acknowledges that in the event
that all obligations contained in the Subdivision Improvements
Agreement are not completed within the time allotted for the
1 - AGREEMENT FOR CASH SECURITY FOR PERFORMANCE
UNDER SUBDIVISION AGREEMENT (1/10/92)
same, City shall have the unlimited right, in its own discretion,
to utilize the cash deposit for the completion thereof. Such
completion may be by City, or by any person or firm with whom
City shall contract for such completion, on such terms and for
such amounts as City shall determine. Following completion of
said obligations, City shall have the further right to deduct
from said cash deposit ail sums and costs incurred by City in the
completion, including construction, repair, engineering,
incidental, administrative, inflationary and inspection costs,.
whereupon any remaining balances shall be refunded, without
interest, to Subdivider.
City of Central Point, Oregon
By v C
May Roger Westensee
Authoriz Represe tive
Subdivider
Tom Malot Construction Co., Inc
Tom Malot, President
W.L. Moore Construction Co.
B y ~ ,,..LX. V ~'
Noel Moore, President
STATE OF OREGON )
ss.
County of Jackson )
On the r7 day of January, 1992, before me personally
~-- ~> ~_-
appeared ~~n~-~~ i.cr- /2=-/~%-c-F an
~~:~ n.`D-J ^~ 1~, +-(r[_L-- who, being first duly sworn, each
for him elf and of for the other, did say that the former is
rUi A~G/~ ~ and the latter is the
} r:F;~ r~;~-:ni ;~t~?i 1~~ 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 act and deed. h~
Notary Public for Oregon
My Commission Expires: ~~~'/~~~
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2 - AGREEMENT FOR CASH SECURITY FOR PERFO
UNDER. SUBDIVISION AGREEMENT (1/10/92)
'~~
w,
STATE OF OREGON
ss.
County of Jackson
On the /y day of January, 1992, before me personally
appeared Tom Malot who being first duly sworn, acknowledged the
foregoing instrument to be his voluntary act and deed.
Notary Pu i for Orego
My Commis ion Expires: ~/- }~-9~
County of Jackson )
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STATE OF OREGON~~• )
ss.
On the ~y 'day of January, 1992, before me personally
appeared Noel Moore who being first duly sworn, acknowledged the
foregoing instrument to be his voluntary act and deed.
3 - AGREEMENT FOR CASH SECURITY FOR PERFORMANCE
UNDER SUBDIVISION AGREEMENT (.1/10/92)
eFIaAL seAL Notary Publ c fo Oregon
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