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HomeMy WebLinkAboutCouncil Resolution 603RESOLUTION NO. 603 A RESOLUTION GRANTING FINAL PLAT APPROVAL TO THE SUBDIVISION KNOWN AS GREEN PARK VILLAGE,. UNIT NO. WHEREAS, Subdividers Michael and Louis Mahar received tentative plan approval for Unit No. I of Green Park Village Subdivision on the 16th day of May, 1991, and has, pursuant to Central Point Municipal Code Chapter 16.12, submitted an application for final. plat approval., and WHEREAS, tlxe Planning Commission of the City of Central Point has, on October 1, 1991, reviewed said application for final plat approval and recommended approval thereof by Resolution No. 228, and WHEREAS, the City Council of the City of Central Point reviewed said application for approval of the final plat on the 17th day of October, 1991 and received and reviewed the City's staff report, the Planning Commission report and resolution, and other evidence, and being fully advised, now, therefore, BE IT RESOLVED BYTHE 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 proper form and contains all of the information required by Central Point Municipal Code Chapter 16.12 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 improvements in accordance with said plan and conditions thereon, but has agreed to completion of all improvements and compliance with all conditions of said. tentative plan, and. further in relation thereto, the Subdivider has. filed a cashier's check with. the City in the amount of $15 , 000, and has therefore complied, in a manner satisfactory to the Council, with the bonding requirements of Municipal Code Section 16.12.080. RESOLUTION NO. 603 (GREENPARK.NO[I - 10-09-91) Section 2. The City hereby grants final plat approval of the final plat for Unit No. I of Green Park Village Subdivision, subject to the execution by Subdivider of the Subdivision Improvement Agreement attached hereto as Exhibit A, and further subject to completion of the bond requirements, to the satisfaction of the City Council, as required by Municipal Code Section 16.12.080. Section 3. The Mayor is hereby authorized and directed to execute said Subdivision Agreement, bond. documents , finalplat 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 ~~ day of ~ , , 1991. ayox~ ATTEST: City Rep sen five APPROVED by me this ~~ day of ~~i 1991. ~/r Mayor ' RESOLUTION NO. 603 (GREENPARK.NO/I - 10-09-91) SUBDIVISION IMPROVEMENTS AGREEMENT Green Park Village Subdivision This. agreement, made and entered into this _~ day of October, 1981, by and between the City of Central Point, Oregon, an Oregon municipal corporation., hereinafter referred to as "City", and Michael Mahar and Louis Mahar, hereinafter referred to as "Subdivider". Recitals 1. Subdivider has previously been granted tentative plat approval by City for Subdivider's project known as Green Park Village Subdivision, which approval is subject to certain conditions. 2. Subdivider has applied. to City for final plat approval. of said subdivision project. 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. SECURITY 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 (100991) 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 $ 15,.000 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. TIME ALLOWED FOR CONSTRUCTION. Subdivider 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. 4. REMEDIES UPON BREACH. in the event that Subdivider shall fail, in any way, to perform the obligations required herein, City shall have a1T remedies available under local, state and federal law, including, but not limited to, completing or causing completion of all obligations hereunder anal 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 costs 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. Lnspection and testing of subgrade prior to placing street rock base; 2 - SUBDIVISION IMPROVEMENTS AGREEMENT (1.00991) e. inspection and testing of base rock prior to placing surfacing; f. Inspection. and testing of the placement of the surfacing material; concrete; g. Inspection and testing prior to placing any h. Inspection of other construction within. public right of way or easement dedicated or to be dedicated:. 6. COSTS OF ADMINISTRATfON AND INSPECTIONS. 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 Subdivider'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 Subdivider, project engineer or developer to review project, City standards, specifications, ordinances and procedures. 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 construct 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. 3 - SUBDIVISION IMPROVEMENTS AGREEMENT (100991) 7. ACCEPTANCE 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 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 2 years from acceptance of completed work, that all improvements hereunder shalt 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.. 4 - SUBDIVISION IMPROVEMENTS AGREEMENT (100991) 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. 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 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 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 fNSURANCE. Subdivider agrees to hold harmless Gity 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. supercedes any prior written or verbal agreements or representations; this agreement shall be binding upon the parties and their agents, successors and assigns; Subdivider shall not assign his. 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 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 (100991) 12. GRANTING FINAL PLAT APPROVAL. Lt is understood by the parties that upon execution. of this agreement and related documents, City will issue final plat approval. EXECUTED FN DUPLICATE, each party retaining an original. City of Centr~al~Point~O~regon Subdi i r By .6~e.~ir/...tom-.fr'.ct,QSt~ By ~ l Mayo~Roger Westenaasee ch el ar .h ~1D a~.s~Gri~O~ B y Author' ed Repre ntative Louis Mahar STATE OF OREGON ) ) ss. County of Jackson ) On the /r/'`~' day of October, 1991, before me personally appeared 20~^ u~Q.f,-~l'(52Q- and SAn~D.~ ~6222yfEiGC_ , who, being first duly sworn, each for himself and not for~he other, dial say that the former is M.hl~f0 R and the latter is the ~~P2F,.5'B~1TA-T-i~ of the City of Central Point, an Oregon. municipal corporation, and that the foregoing instrument was signed on behalf of said municipal corporation by a Council, and each of them. acknowledged the foregoing instrument to e his o~r~h~er~v`oluntary ~t ~an~d~~d,~ee~d. ----_.__eFcF_L_~ iv1. Gv?~ 'JN ~~c-tC~C.C~ ~ \%~~6Ji~`i i`~ "u'~_l~ - ~;~~ ~,OP1 ~ Notary Public for Oregon ~3 ,~>,y Cort;r fission Ex ~ ~~'3 My Commission Expires: q pines-c~~0 /y" . i STATE OF OREGON ~ ss. County. of Jackson ) On the is day of October, 1991, before me personally appeared Michael Mahar and Louis Mahar, who being first duly sworn, each for himself and not for the other, acknowledged the foregoing instrument to be his or her voluntary act and deed. l_JS(J~frq, XY Notary Public or Or g n My Commission Expires. ~~~7'9'L -~- 6 - SUBDIVISION IMPROVEMENTS AGREEMENT (100991)