HomeMy WebLinkAboutResolution 255 - Tyler Park Tent_~
PI~,ANNING Cf)~[MISSION RESOLUTION 1V'O. 55
A RESOTaiTTION rRANTING APPROVAi~ OF A ~`3:NAL, PI.,AT
FOR TYT,E'R PARK SIJF~D f V I S ION
(Applicant : Naei_ Moore, dk,a W , L, . Maore Cnnstructi.on Co. }
{ 37 IW 1.1.A Tax Ltat 19f}J. )
Recitals
3.. Applicant previously received tentati~re plan approval
far Tyler Park Sttbdivisi_on, a 23-lat. s~zbdivisian in an R--1..--8
distract of Central Point, Oregon, ar~d has now subm:i.tted an
application. far final plat appr.aval. for_ such subdivision.
2. On December_ '7; x.993, the 1~lanning Commission rev~.ewed
said applir,at..an.
Now, therefore,
BE IT RESOI.,'~rED 13Y THE PI._,ANNTPIG COMMISSION OF THE CITY OF
CENTRAT., POINT, ORFC=ON, AS ROL,LOWS:
Section ~. The Planning Coinmass:ian. f:i.nds and determines
that the final plat submitted herein as in substantial
conformance with the approved tentative plan. and th.e condi.tion.s
pl aced are. the approved tentative plan, as we11 as all. applicable
a r.d~.nances and state laws. All of the r_?qui.r.ed subdivision.
street and utility improvements have been. made, with the
exception of certain manor street improvements. Appl.ieant. has
executed a Develcspmexxt Agreement. pr_ova_di.t~g far the Yeq,_,i_rec3
street improvements, a ropy of which is attached hereto, marked
Exhi.b.t '".A"`. Applicant has submitted a Fetter of Credit securing
performance of the required impravemerat.s. A copy af_ such l~,et.ter
of Cr_edat is attached hereto, marked Exhibit "I3"
Section. 2. Approva). as hereby granted to the final plat
s~.zbmitted herein. for. Tyler Bark Subdivision, subjee.t to all
applicable condl.t~.ans coxztained in the tentative plan. approval
and ~.n the Development Agreement attached hereto. The Planning
Carnmissi.on Chairman is hereby aut.harized to s3.gn, the final plat
an behalf of the City.
Passed by the Planning Commission and signed by me in
ate hentacatiara of its passage this ~ day of
,P~~ J ~. 9 9 3 .
Pl.annanc~ Com~n~.ssion Chairman
~. - PL>P,NNIL•IG COMMISSION RESOLUTION NO. ~ {i20293)
A'~"T'R ST
Ca.~.y R _esentat~_ve
Appraved by mP ~:h:is ~ day n~ _p~rx_a~?-eh_1 7.93.
~~~ ~ ~
Planna.ng Commission Chairman
2 - PI.ANN~NG cOMMIS~TO~T RESOLUT~(7N NO~ q~,'j-5` (I.24793)
34-~0~5~~7
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T3EVELOP~ENT AGREEMENT
{~'yler Park Subdivisi.an}
(37 1W I1A Tax Lot 1901)
This agreement made this o2~ day of ~,~L
1993, by and between the City of Central Paint, Oregon, a
municipal corporation, hereinafter referred to as "City", and
Noel Maare, dba W.L. Moore Construction Ca., hereinafter referred
to as "Developer".
Recitals
1. Developer has previously been granted tentative plan
approval by City for a 23-lot subdivision in an R-1--8 distr~ ct. of
Central. Point, Oregon, which approval is subject to certain
GanditlQlls .
2. Developer has applied to City for final plat approval of
said subdivision,
3, Before final plat approval can be obtained, Central
Point Municipal Code Chapter 16.36 requires, among other things,
that Developer and City execute and file an agreement relating to
certain improvements anal 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 Tyler Park
Subdivision in the City of Central Point, Jackson County, Oregon,
according to the official plat thereof. This agreement shall be
recorded, and is intended. to attach to, and shall run with the
land. In addition, all. subsequent purchasers and Developer's
heirs, successors and assigns shall be bound by this agreement.
2. CONSTRUCTION. Developer has previously constructed all
improvements required by the tentative plan approval,
consf.ruction plans and specifications, and City's Public Works
Standards. The only work that remains to be done is the sealing
of all street pavement surfaces within the subdivision, Such
sealing is necessary to adequately carnpensate fnr asphalt paving
iahich fell below minimum standards far compaction when tested.
]. - DEVELOPMENT AGREEMENT {20293}
Developer shall seal all streets within the subdivision with a
specified slurry mixture approved by the Public WarJ~s Departme!~t.
Such sealing shall be done an two occasions: Once as soon after
executian of this agreement as weather permits, anal again three
years from the date of the first sealing.
3. SECURITY FOR PERFORMANCE. In cannectian with this
agreement, Developer shall also submit to City, t.a assure h-ls ar
her full and faithful performance of all obligations hereunder,
one of the forms of security approved under Central Paint
Municipal Code Chapter 16.12.080. Developer has chosen. the
following:
XXX
surety band
cash deposit
letter of credit
The sum agreed to secure Developer's performance hereunder is
$2,607.42, 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. Developer shall complete
each and every obligation contained herein within 37 months from
the date of the executian 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 i.n the amount of security for performance of
the project, whether it be by surety bond, cash deposit or letter
of credit.
5. REI~+lEDIES UPON BREACH. In the event that Developer shall
fail, in any way, to perform the obligations required herein,
City shall have all remedies available under iacal, state and
federal law, including, but not limited to, completing or r.auaing
completion of all obligations hereunder and proceeding against
Developer, his letter of credit, his cash deposit ar his band far
recovery of the costs of said completion. Such costs shall
include all costs and expenses described herein.
6. INSPECTICIN OF WORK. Developer shall provide access t~
City to conduct inspections, including, but nit limited ta, t.>,e
fallowing:
a. Inspection and testing of all storm drainage,
sanitary sewer pipe, water pipe and fire hydrants;
b. T.V. inspection of all sanitary seG~er and storm
drainage pipes;
2 - DEVELOPMENT AGREEMENT (120293)
:~4-~0~3~~}~
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
surfa(Y~ Tlg
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.
7. COSTS OF ADMINISTRATION AND INSPECTION. Developer
agrees to pay City far the costs of administration and insper.tion
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, reg~l,atians and laws, which
sums shall be dui nn a monthly basis and shall be paid within IO
days of balling. Failure to pay such sums shall be grounds for
withholding acceptance of completed work and/ar proceeding
against Developer's security for performance. Such
administration and inspection costs shall include, but not be
limited to the followixag:
a. All inspections and testing done pursuant to the
previous paragraph, entitled "Inspection of Work".
b. Meetings with Developer, project engineer or
developer to review project, City standards, specifications,
ordinances and procedures.
c. Providing Developer, Developer'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 far the construction af, ar modification to the
construction of, the improvements.
e. Reviewing existing as-built information to assist in
determining the location of existing facilities.
3 -- T7EVF~ QPMENT AGREEMENT ( I2fl293 }
:~ ~~-0`~ ~ ~'7
f. All casts of application review az~d processing,
~?.n.cluding, but not limited to, administrative and legal staff
time casts, plan checks, construction inspection and preparatl.on
of agreements, to the extent that the same are ~.n excess of the
fa.ling fee.
$. ACCEPTANCE Off' GOMPI~ETED 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
spacificatians, terms anal conditions contained in the Ci.ty's
P~.iblic Works Standards, terms and conditions contained in the
construction permit, together. with ali terms and canditian.s set
Earth herein and any applicable pravisinns of the Central Paint
Municipal Code, the Public Works Director, ar 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 band, cash deposit. ar
letter of credit posted by Developer.
9. GUARANTEE OF WORK. Developer guarantees, far a period
of two years from acceptance of completed work, that all
improvements hereunder shall be free from defects in materials
and workmanship. Friar to the expiration of said warranty
period, City shall determine if any materials ar workmanship
deficiencies exist, and at City's request, Developer shall repair
ar cause the repair of all such deficiencies. In the event there
are no deficiencies, or upon approval of any necessary repa~.rs,
City shall issue a written document certifying Developer`s
satisfactory completion of warranty.
i0. BUZ~,D~NG AND OCCUPANCY PERMITS. Upon execution of this
agreement and upon satisfaction of the security for peYforma??re
requirements of Central Paint Municipal Cade 16.32.f38n, City ?Y!ay
issue building permits to Developer concurrently with
construction work upon the improvements themselves, ~.~nder the
fallowing terms and conditions:
a. Developer must, prior to commencing construction
~~.nder any such building permits, or allowing the commencerr~cnt of
construction thereunder, furnish a survey performed by a
registered professional land surveyor meeting the requireYr.ents of
state law, setting nut the property corners far the iot for wl7ir'h
the building permit. ar permits are to be iss~~ed, with either iron
pins or wood stakes establishing said corners.
4 - DE'VELQPMENT AGREEMENT 020293)
b. Developer must submit a plan for the protection of
streets and improvements satisfactory to City, and shall assume
all responsibility for any additiana.l ar corrective work that may
be necesGary to the improvements, as determined by City as a
result of the construction performed under the building permi~c
authori zed.
c. Developer 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 ar damages incurred by any
person by reason. of construction under the permits ar any claims
of any sort arising out of the issuance of the building permit
and construction performed thereunder.
d. Developer shall not sell any of said lots ar eater
irta 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 na certificate
of occupancy will he 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 fu11
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 15.36 shall. have been met.
e. Neither Developer, nor any person on his behalf,
shall allow another person to occupy any lot or improvements
thereon until Gity has issued a certificate of occupancy.
11. H4yD HARMLESS AND INSURANCE. Developer agrees to hold
harmless City and its duly elected and appointed officials,
employees, agents and assigns from any and all. liability ar
respans~.bility by reason of any flmissians, errors, or deletions
on the plans and specifications for the improvements or the
construction thereof, and shall indemnify the same against ar_y
such liability or responsibility. Developer shall obtain and
maintain a policy of liability insurance coverage with policy
limits in the sum of oat less than one million dollars
01,000,000.00) combined single limit, naming City and its duly
elected and appointed officials, employees, agents and assigns,
as insured parties therein.
1.2. kiiSCELLANE0U5 PRQViSIaNS. This agreement contains the
er_tir.e agreement to which it relates and supersedes any prior
written ar verbal agreements or representations; this agreement.
shall be binding upon the parties and their agents, successors
and assigns; Developer shall not assign his rights under the
teams of this agreement without the express written approval of
C~.ty.
5 - DEVELQPMENT AGREEMENT {120293)
?n the event either party institutes legal proceedings for
the purpose of enforcing the within agreement or seeking damages
far the breach hereof, or to recover the r,ast of completion of
the improvements described herein, including an action against
Developer, his bond, cash deposit ar letter of credit, the
prevailing party shah. 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 APPROVAL. It i.s understood by the
parties that upon execution of this agreement and related
documents, City will issue final plat approval.
EXECiTTED IN DUPLICATE, each party retaining an original.
Developer:
Nae Moore
City of Central Point:
~~ J >
Ro r Westensee, Mayor
STATE OF OREGON )
) ss.
County of Jackson )
On the ~d~~ day of VY1 2.2 1993, personally
appeared before me the above-named Noel Moore, and acknowledged
the sa.gning of the foregoing Development Agreement to be his
voiuntar,~_ac~.,.and.._.de,e~...~...-
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A..
_ ~ry~r~-.rp - ~~. r.~'-' Notary bl ' c far Oregon
i~;.~T-,';-' , . .,~:: ~;;,:~C,s~N My Commission Expires 11. .~~J
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_.____-.,_-- ------__..._......__...._ .. ._._. _..r - ---u--~
STATE OF OREGON )
ss.
County of Jackson
On the _aa day of ~ ~~, 1993, personally
appeared before me the above--named Roger Westensee, Mayor of the
City of Central Point, and ac:knawledged the signing of the
foregoing Development Agreement to be the voluntary act and deed
of the City of Central Point.
OFFICIAL ScAI.
SANDY ~ Li:;~.:t.'4c€.
~a~.'t~~ NOTARY PCI?+?~. w :::::3`l I
``~?""-~ Cor,~.n•.ISSION mac. cc~,~,s
MYCOMAhESSIOi~IEXPiRESNOVti,1145
~ - DEVELOPMENT AGREEMENT (120293)
Notary li •far Oregon
My Comm'ssio>t~ ~xp~.~es~~,~~
a son oun tegvra
~~~~c;~i ~c~coRas
KATHLEEN S. BECKETT
~!. K c~c~ 4Z~C~~~R
~X R'.~7,~ ....
AS5IGIVMEN~i' OF CASH BY PACII~`IC PAVING, INC.
This assic~nt~ent is satade €or the purpose of providing security, in 1 4 eu
of surety bond, to guarantee the undertakings of Noel Moire as set forth in
the Development Rgreement between Noel l`foare, Developer, and tt~e City o€
Central Point, dated December ~__, 1993, relating to Tyler. Park
5ubdivi.si,on in Central Point, aregon, a copy of which >}evc~lapt~ent Agreement
is attached hereto.
The undersigned depositor-, Pacific Paving, Inc. , dons here}+y ar~:j.gn,
transfer and set over unto the City of Central Point, Oregon, all right,
tztl e and interest in and to cash i n the a~naur~t of $2, 607.4?_ oTZ deposit in
the First Interstate Bank of Oregon, White City Branch, in the r3ame of
Pacific Paving, Inc., with full power and authority to demand, collect and
receive said deposit and to give receipt and acquittance theref:ar, for. tt~e
uses and purposes described by the Development Agreement referred to above.
It. is ttnder.stood and agreed that First Interstate Bank of Oregon,
White City. F3ranch, will l~ald ~?.,607.42 until March 1.", x.997, or zelease of.
this assignment is received from the City of Central Poirot., or until the
City demands payment, whichever is sooner. It is agreed that First
interstate Bank of Oregon, White City Branch, will hold the rash i.n trcts+:.
for the uses and purposes stated herein. Interest on the account. shall lie
paid to the assignor.,
A demand for payment by the City of Cezatral Poi.ni: shat ] he su€ficient
if it is sinned by the Mayor of Cer-tral Point and contains the fallowing
statement:
"The undersigned, being tlae Mayor of the City of Central Point,
hereby ceztifies that Noel Moire has defaulted under his
obligations described in that certain Development Agreement
between Noel Moore and the City of Central. Point dated Decemk~er
.~,~._, 1.993, which_ gavel opment Agreement concerns the 9'yI er. Park
Subdi.visi.on project. The City of Central paint hereby demands
cash payment in the amount of ~ up to a maximum of
$2,5Q7.42.++
Pic' v ng, nc.
By
Presiden of Pacific Paving, Inc.
ACCFF'TANCE
i
The undersigned hereby accepts tl;e foregoing assignment o£ cash in the `
amount. of ~2,6Q'1.~2 under the terms of the above assignment, and
acknowledges receipt of the cash.
Firs acetate Bank of Oregon .._
Sy
ti Mete, ra h Managez
White City Bra
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