Res 1659 - Devlp Agrmt
COUNCIL BILL NO. 2355
RESOLUTION NO. 1659
A RESOLUTION ENTERING INTO A DEVELOPMENT AGREEMENT WITH M-C
BUILDERS, INC., HERITAGE MEADOWS, LLC AND HIDDEN CREEK
PROPERTIES, LLC. AND AUTHORIZING THE MAYOR TO SIGN SAID
AGREEMENT.
WHEREAS, M-C Builders is the developer of Miller Links, a residential subdivision
approved by the City and located on the north side of Vanderbeck Lane, and
WHEREAS, Hidden Creek Properties is the developer of Heritage Park, a residential
subdivision approved by the City and located on the south side of Vanderbeck Lane, and
WHEREAS, Heritage Meadows owns and plans to develop Heritage Meadows, a
residential subdivision approved the City and located on the north side of Vanderbeck Lane,
immediately west of Miller Links; and
WHEREAS, M-C, Hidden Creek Properties and Heritage Meadows agree that they are
bound by the conditions of approval which apply to each of their developments and that City has
the legal authority to create a reimbursement district; and
WHEREAS, in fulfilling the conditions of approval of each of their respective
developments and instead of City forming a reimbursement district, M-C, Hidden Creek
Properties and Heritage Meadows have agreed upon the amounts to be reimbursed, upon the
timing of reimbursement payments, and now want to make a written record of their mutual
understanding in a Development Agreement;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Development Agreement with M-C
Builders, Inc, Heritage Meadows, LLC, and Hidden Creek Properties, LLC. A copy of said
agreement is affixed hereto as Attachment "A" and is, by this reference, incorporated herein.
Section 2. That the Mayor is authorized to sign said agreement on behalf of the City.
Approved as to form("r).~ ~ 10- } ~ . 2 0 ~ I
N. Robert Shields, City Attorney Date
Approved:
Page 1 -
COUNCIL BILL NO. 2355
RESOLUTION NO. 1659
Passed by the Council October 22, 2001
Submitted to the Mayor October 23, 2001
Approved by the Mayor October 23, 2001
Filed in the Office of the Recorder October 23. 2001
ATTEST: /l!~~~
Mary Te ant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 2355
RESOLUTION NO. 1659
ATTACHMENT A
Page -L of ,5
DUPLICATE ORIGINAL
COPY OF
DEVELOPMENT AGREEMENT
This Agreement is made this day of , 2001 by and among the City
of Woodburn, an Oregon municipal corporation (hereinafter "City"), M-C Builders, Inc., an
Oregon corporation (hereinafter "M-C"), Heritage Meadows, LLC, an Oregon limited liability
company (hereinafter "HM"), and Hidden Creek Properties, LLC, an Oregon limited liability
company, (hereinafter "HCP").
WHEREAS, M-C is the developer of Miller Links, a residential subdivision approved by
City and located on the north side of Vanderbeck Lane, in W oodbum, Oregon; and
WHEREAS, HCP is the developer of Heritage Park, a residential subdivision approved
by City and located on the south side of Vanderbeck Lane, in W oodbum, Oregon; and
WHEREAS, HM owns and plans to develop Heritage Meadows, a residential
subdivision approved by City and located on the north side of Vanderbeck Lane, immediately
west of Miller Links; and
WHEREAS, City is a municipal corporation with the legal authority to grant
development approvals and to create a reimbursement district; NOW, THEREFORE,
WITNESSETH
IN CONSIDERATION of the recitals and mutual covenants and agreements set forth in
this Agreement, the parties agree as follows:
Section 1. Recitals
A. M -C constructed, at its initial cost and expense, most of the easterly 1,136 lineal
feet of Vanderbeck Lane, running from the southwest comer of Miller Links in an
easterly direction along the south line of Miller Links and the north line of
Heritage Park to the intersection of Vanderbeck Lane with Boones Ferry Road.
B. Due to the perceived right-of-way constraints, the westerly 375 lineal feet of this
portion of Vanderbeck Lane was constructed by M-C to a substandard width of
24 feet.
C. The improvements to Vanderbeck Lane that have been completed by M-C as of
the date of this Agreement are hereinafter referred to as the "Vanderbeck
Improvements. "
D. The cost of improvements incurred by M-C to date to construct the Vanderbeck
Improvements (including earthwork, clearing, storm sewer, street lights, road
work, a change order regarding drainage and engineering) is $131,623.58.
Page 1 - Development Agreement
ATTAC~ENT As
Page of
DUPLICATE ORIGINAL
COPY OF
E. City requires that the westerly 375 lineal feet of Vanderbeck Lane be widened to
34 feet to comply with City standards.
F. The estimated cost of widening the aforesaid 375 lineal feet of Vanderbeck Lane
to 34 feet is $22,000.00.
G. HCP proposes to widen the aforesaid 375 lineal feet of Vanderbeck Lane to 34
feet in accordance with the standards of City, with HCP to incur and pay the cost
thereof, and with HCP to be reimbursed by M-C upon completion of said
widening, as set forth herein below.
H. M-C also constructed, at its initial cost and expense, a sanitary sewer line running
in an easterly direction along the Vanderbeck Lane right-of-way approximately
1,162 lineal feet from the manhole located in the intersection of Roanoke Street
and the Vanderbeck Lane right-of-way (hereinafter referred to as "the Sewer Line
Improvement. ")
1. M-C has incurred costs and expenses of constructing the Sewer Line
Improvement totaling $92,553.78.
1. As a condition of its approval of the Heritage Park Subdivision, City has required
HCP to pay its "fair share" of the costs incurred by M-C in making the
Vanderbeck Improvements.
K. M-C, HCP and HM agree that they are bound by the conditions of approval which
apply to each of their developments and that City has the legal authority to create
a reimbursement district.
L. Upon its execution of this Agreement, making the payment to City as provided
herein, and complying with the conditions of its development approval, M-C will
have fulfilled its sewerage cost sharing requirement.
M. Upon its execution of this Agreement, making the payment to M-C as provided
herein, and complying with the conditions of its development approval, HCP will
have fulfilled its sewerage cost sharing requirement. Pursuant to the conditions
of its development approval, HCP has dedicated real property for location of a
pump station and agreed to pay $42,170.00 for the sewer lines installed by City to
benefit the Heritage Meadows Subdivision.
N. Upon its execution of this Agreement, making the payment to City as provided
herein prior to issuance of a construction permit for a sanitary sewer permit on
Heritage Meadows, and complying with the conditions of its development
approval, HM will have fulfilled its sewerage cost sharing requirement.
o. In fulfilling the conditions of approval of each of their respective developments
Page 2 - Development Agreement
ATTACHMENT A
Page...3- of ".
DUPLICATE ORIGINAL
COPY OF
and instead of City forming a reimbursement district, M-C, HCP and HM have
agreed upon the amounts to be reimbursed, upon the timing of reimbursement
payments, and they wish to make a written record of their mutual understanding
in this Agreement.
Section 2. Parties.
All parties agree that City is executing this Agreement solely for the purpose of insuring
that the required public improvements are completed by the private parties and that City assumes
no liability for any of the development contemplated by this Agreement. M-C, HCP, HM, and
each of them, agree that City cannot be held liable for damages under this Agreement and shall
hold City and its agents harmless for any claim or legal action of any type under this Agreement
including any applicable costs and attorneys fees.
Section 3. Reimbursement Obli~ations.
A. Vanderbeck Widening. In fulfillment of their obligation to widen Vanderbeck
Lane, HCP shall widen the 375 lineal feet of Vanderbeck Lane to City standards
and M-C agrees to pay HCP the sum of$ll,OOO.OO.
B. Vanderbeck Improvements. In fulfillment of their obligation to improve
Vanderbeck Lane, HCP agrees to pay M-C the sum of$65,811.79 as its share of
the Vanderbeck Improvements which were already completed by M-C.
C. Sewer Line Improvement. In fulfillment of their obligation to construct a sanitary
sewer line in an easterly direction along Vanderbeck Lane for approximately
1,161 lineal feet, HM agrees to pay M-C the sum of $32,052.95 as its share of the
Sewer Line Improvements which were already completed by M-C.
D. Pump Station Construction. In fulfillment of its obligation to contribute to City
its fair share of the sewer pump station, M-C agrees to pay City the sum of
$34,500.00 which constitutes its share.
Section 4. Payment.
A. Three days after the W oodbum City Council approves this Agreement, RCP shall
pay to M-C the sum of $54,811.80 (which represents the HCP share amount
expended by M -C for the Vanderbeck Improvements offset by the amount agreed
to be paid by M-C to HCP for the Vanderbeck widening.) HCP shall place this
sum in escrow to the City Recorders Trust Account so that it can be paid to M-C
by HCP within three days after approval of this Agreement by the W oodbum City
Council.
B. Upon execution of this Agreement, M-C shall pay City the sum of $2,447.05
(which represents M-C's fair share contribution to the sewer pump station offset
Page 3 - Development Agreement
ATTAC~ENT -1
Page of.6
DUPLICATE ORIGINAL
COpy OF
by the amount M-C expended for the construction of the Sewer Line
Improvement, with the share owed by HM to M-C assigned to City to be
collected by City from HM.)
C. Prior to the issuance of a construction permit by City for the development of the
Heritage Meadows subdivision, HM shall pay to City the sum of $32,052.95
(which represents the share of the Sewer Line Improvement constructed by M-C,
which amount was assigned to City by M-C for City to collect from HM.) In
addition, City shall collect from HM interest at the rate of 6.5% on the unpaid
balance from the date of the City Council's approval of this Agreement.
Section 5. Acknowled2ment.
The parties hereby acknowledge and agree that the payment of the amounts specified
herein constitute full fair share reimbursements for the Vanderbeck Improvements, the widening
of Vanderbeck Lane, the Sewer Line Improvement, and the sewerage system upgrades required
by the development conditions. It is also acknowledged that it will be the responsibility ofHM
to construct the unimproved and substandard portion of Vanderbeck Road and complete the
water line loop fronting Heritage Meadows subdivision.
Section 6. Enforcement.
The parties may enforce or compel the performance of this Agreement; provided,
however, that all parties agree that they will not seek, and do not have the legal right to seek or
recover a judgment for monetary damages against City or its elected or appointed officials,
officers, employees, or agents on account of the negotiation, execution or breach of any of the
terms and conditions of this Agreement. In addition to every other remedy permitted by law for
the enforcement of the terms of this Agreement, City shall be entitled to withhold the issuance of
building permits or certificates of occupancy for any and all buildings and structures when the
parties have failed or refused to meet fully any of their obligations under this Agreement.
Section 7. No Third Party Beneficiaries.
No claim as a third party beneficiary under this Agreement by any person, firm or
corporation shall be made or be valid against the parties to this Agreement.
Section 8. Attorneys Fees.
In the event of any suit or action to enforce this Agreement, the prevailing party shall be
entitled to, in addition to the statutory costs and disbursements, reasonable attorneys fees to be
fixed by the trial and appellate courts from the time such action is filed.
Section 9. Governin2 Law.
This Agreement shall be governed by, construed and enforced in accordance with the
Page 4 - Development Agreement
ATTACHMENT A
Page ~ of c::
DUPLICATE ORIGINAL
COPY OF
laws of the State of Oregon.
Section 10. Severability.
It is hereby expressed to be the intent of the parties that should any portion of this
Agreement be held invalid by a court of competent jurisdiction, the remaining provisions of this
Agreement shall remain fully enforceable and valid.
Section 11. Entire Aereement.
This Agreement shall constitute the entire agreement of the parties to this Agreement;
and all prior agreements between the parties, whether written or oral, are merged into this
Agreement and shall be of no force and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in
their respective names effective the day and year first herein above written.
CITY OF WOODBURN:
HERITAGE MEADOWS, LLC
By:
Richard Jennings Mayor
By:
Title:
Date:
Date:
M-C BUILDERS, INC.
HIDDEN CREEK PROPERTIES, LLC
By:
Title:
Date:
By:
Title:
Date:
Page 5 - Development Agreement