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HomeMy WebLinkAboutCouncil Resolution 566RESOLUTION NO. 5G6 A RESOLUTION GRANTING FINAL PLAT APPROVAL TO THE SUBDIVISION KNOWN AS STONECREEK NO. 3, PHASE III WHEREAS, Subdivider Gary T. Whittle received preliminary plat approval for Stonecreek Subdivision No. 3, Phase III on December 21, 1990, and has, pursuant to Central Point Municipal Code Chapter 16.2.8, 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. 200 recommending approval thereof, and WHEREAS, the City Council of the City of Central Point reviewed said application for approval of the final plat on the 19th day of July, 1990, 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 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 16.2.8 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- improvements in accordance with said plat and conditions thereon, but has entered into a Subdivision Agreement to complete said im- provements 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 Resolution, 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 Stonecreek Subdivision No. 3, Phase III, subject to the execution by Subdivider of the Subdivision 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 16.28.080. (A)(3) 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 si ned by me in authentication of its passage this ~~ day of 1990. + ~.~ . ~_ Mayor ATTEST: ~M r~~ih.L/_~i o.C ~ City Repr~ntative~/ APPROVED by me this ~,~~ day of RESOLUTION NO. 566 RESOSCRK.90/COUNCIL A G R E E M E N T (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 Gary T. Whittle and the John A. Duke Trust, by and through John A. Duke, Trustee, hereinafter called "Subdivider", WITNESSETH: WHEREAS, Subdivider has heretofore entered into a Subdivision Agreement with City dated December 21, 1989, 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 Stonecreek Subdivision No. 3, Phase III, and as a condition thereof, and pursuant to Central Point Municipal Code Section 16.2.8.080, City has required an open letter of credit in a sum sufficient to complete construction of the improvements required therein in the event of Subdivider's failure to do so, and the sum established and agreed upon between the parties as being necessary for said purpose is the sum of $45,000, now, therefore, in consideration of the covenants herein exchanged, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. City hereby acknowledges receipt from Subdivider of an open letter of credit drawn on Bank of Southern Oregon in the sum of Forty Five Thousand Dollars ($45,000.00) for the purpose of securing Subdivider's performance of the remaining improvements in said subdivision, which improvements are enumerated on Exhibit A attached hereto, and by this reference incorporated into the within agreement, and City, in consideration of the covenants herein exchanged and receipt of said letter of credit, agrees pursuant to Central Point Municipal Code Section 16.28.070 and 16.28.080A to grant final plat approval to Stonecreek Subdivision No. 3, Phase IIi, to Subdivider. 2. Subdivider agrees to cause completion of the improvements described in Exhibit A hereto on or before February 1, 1991. 3. City agrees that in the event said public facilities are completed within the time specified herein, and in accordance with the specifications and descriptions contained Exhibit A AGREEMENT - 1 (STONCRK2.AGR - 091890) hereto and all. applicable City ordinances, said letter of credit shall be returned to Subdivider upon acceptance of said improvements by City. 4. Subdivider agrees that in the event said improvements described in Exhibit. A hereto are not fully completed within the time specified herein for completion, in accordance with the specifications and descriptions contained. in Exhibit A hereto and all applicable City ordinances, City shall have the unlimited right, in its own discretion, to utilize said letter of credit, and to draw thereupon, for the completion of said improvements 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, in its sole discretion, determine, and that following completion of said improvements, City shall have the further right to draw upon said letter of credit an amount equal to all sums and costs incurred by City in the completion of said improvements, including administrative costs, whereupon said letter of credit, and any balance remaining therein, shall be returned to Subdivider. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first hereinabove written. STATE OF OREGON } ss. County of Jackson ) CITY~~C1F-`CENTRAL AOINT, OREGON bon "ones, Ma~~ SUBDI~L DER / 1 ~, `; / 197 BY/fi~~L l/~~~-~ Gary T. hittle John A Dul e Tru t By o n A. Duke, r stee On this ~~day of ~ 1990, before me personally appeared Don Jones, and acknowledged that the foregoing AGREEMENT - 2 (STONCRK2.AGR - 091$90) instrument was signed by him as Mayor of the City of Central Point, Oregon and that declared the foregoing instrument to be his voluntary act and deed. ~ ~ ~ p~ Notary li~for Oreg My Commission Expires:. //-~-9/ STATE OF 0:3EGON ) ) ss. County of .Jackson ) On this .~, day of ~~,~/~J 1990, before me personally appeared Gary T. Whittle, and acknowledged the foregoing instrument to be his voluntary act and deec}.. My m~~~`ori ~Ex~i7i STATE OF OREGON ) r`°V ~ ~ ~ F ~~~-~~ - } SS. ?dy Comm _siur C alrr_,.G County of Jackson ) - ""._..n--.....a.. On this 30th day of October 1990, before me personally appeared John A. Duke, Trustee of the John A. Duke Trust, and warranted that he is empowered to sign on behalf of said Trust and to obligate the same by his sole signature, acknowledged the foregoing inst~ume~t to b_e his~ryluntary act and deed . 0 /i ~ r THY P.. FRANK l` AGREEMENT - 3 (STONCRK2.AGR - 091890} EXHIBIT "A" The following items shall Stonecreek No. 3, Phase III warranty period beginning. t. Completion of the system as shown on dated 6/26/90 Perm be completed prior to approval of Subdivision being completed and the installation of the storm drainage Page 2 of 2 of the subdivision plans it PW 90-302 project No. 89041. 2. Completion of the lot drainage for lot 32 through lot 42 and lots 9 through 14 to standards required by the Public Works Director. 3. Street light pads,. conduit, steel poles, and all installation of street lights shall be completed according to the requirements set forth by the Public Works Director. 4. Installation of curbs and gutters on Daniel Street as shown on the subdivision plans dated 6/26/90, Permit No. PW 90-302 Project PW 89041. 5. Preparation of subgrade for installation of base section, preparation of base section and paving of Daniel Street according to the subdivision plans, dated 6/26/90, Permit No. PW 90-302 Project No. PNI 89041. 6. Performance of all terms, conditions, and completion of all items pursuant to the Subdivision Agreement Stonecreek No. 3, Phase III, Subdivision, dated May 17, 1990. 7. Payment of all Administration and Inspection fees for the reimbursement of the City's cost on this project. 8. Completion of all items listed on the final inspection which need to be corrected.. These final inspection items may involve material, workmanship or both..