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Tetherow Improvement Agrmt
Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REOUEST & STAFF REPORT For Board Business Meeting of March 9, 2011 Please see directions for completing this document on the next page. DME: March 1, 2011 FROM: Anthony Raguine Community Development Department 617-4739 TITLE OF AGENDA. ITEM: Consideration of Board Signature of Document No. 2011-068, an Improvement Agreement (IA -11-1) for the Tract AE plat infrastructure improvements at the Tetherow Destination Resort. P1jBLIC HEARING QN THIS DATE? NO. 13.6.cKgROUND AND POLICY IMPLICATIIONS: The applicant, Weston Investment Co. LLC, has submitted an Improvement Agreement related to the Tract AE plat of the Tetherow Destination Resort. This tract was approved for a 56 -lot townhome subdivision via land use file number TP -09-1010. Prior to final plat approval for a subdivision, the developer is required to complete all necessary improvements identified on the tentative plat. The developer may, in lieu of completing the required improvements, request that the county enter into an improvement agreement. Improvement Agreement IA -11-1 is a contract between the applicant (developer) and the county to ensure that the infrastructure, such as roads and utilities, for this development is completed to county standards. An improvement agreement typically includes a security in the form of cash, bond, or letter of credit in an amount estimated to cover the costs of constructing the required improvements. In this case, the applicant has chosen an Irrevocable Letter of Credit (ILOC) as the form of the security. The ILOC amount is $1,092,075.00, which represents 120% of the total estimated cost for the required infrastructure improvements. The County Road Department Engineer has submitted a memo into the record indicating that he has reviewed and approved the applicant -submitted cost estimates (attached). The applicant will submit the ILOC on the date of the meeting. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REOI,TESTED: Board signature of Document No. 2011-068, an improvement agreement for the infrastructure associated with the Tract AE development of the Tetherow Destination Resort. ATTENDANCE: Anthony Raguine DISTRIBUTION OF DOCUMENTS: Tia M. Lewis Schwabe, Williamson & Wyatt 360 Bond Street, Suite 400 Bend, OR 97702 Legal Counsel Anthony Raguine REVIEWED LEGAL COUNSEL For Recordin" Stam. OnI After Recording Return to: Deschutes County Community Development Department 147 NW Lafayette Street Bend, OR 97701 IMPROVEMENT AGREEMENT (Roads and Utilities) This Improvement Agreement ("Agreement), relating to the construction and installation of certain required improvements (the "Roads and Utilities Required Improvements," as defined below in Section 4) for the Triple Knot Townhomes (also known as Golf Homes at Tetherow) subdivision, ("Subdivision"), as required in the Subdivision approval in File # TP -09-1010 ("Tentative Plat"), by and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, ("County"), and Weston Investment Co. LLC ("Owner"). RECITALS: WHEREAS, Owner is the owner of the Subdivision in the approval granted under TP -09- 1010; and WHEREAS, the Roads and Utilities Required Improvements required under the approval have not been completed; and WHEREAS, Owner has filed an application for a final subdivision plat for the Subdivision, File No. FPA -11-2, prior to the completion of the Roads and Utilities Required Improvements; and WHEREAS, Deschutes County Code (DCC) Section 17.24.120 provides that Owner may, in lieu of completing Roads and Utilities Required Improvements, enter into an agreement with the County for the completion of the Roads and Utilities Required Improvements and provide a good and sufficient form of security, to provide for the completion of the Roads and Utilities Required Improvements; and WHEREAS, this Agreement is contingent upon the recording of the Subdivision Final Plat approved in File No. FPA -11-2 and that plat stating that it is subject to this Agreement; and WHEREAS, Roads and Utilities Required Improvements under this Agreement do not constitute a Public Improvement as the term is defined in ORS 279A.010(1)(cc); and WHEREAS, the Subdivision approval in File #TP -09-1010 subject to this Agreement is exempt from ORS 92.305 to 92.945 for the reason that the County's Comprehensive Land Use Plan and implementing ordinances are acknowledged under ORS 197.251; now, therefore, Page 1 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promise hereinafter stated, as follows: 1. Recitals. The Recitals to this Agreement set forth above are hereby incorporated herein as if fully set out, shall constitute contractual provisions and are not mere recitals. 2. Real Property Description. The real property subject to this Agreement, hereinafter the "Real Property' is described on the attached Exhibit "A'. 3. Exhibits. The exhibits listed below and attached to the Agreement are hereby incorporated herein by reference: 3.1. Exhibit A — Legal description of Real Property. 3.2. Exhibit B -- List of Roads and Utilities Required Improvements and cost estimates — submitted by the Owner. 3.3. Exhibit C — Deschutes County Tentative Plat approval, File No. TP -09-1010. The real property subject to this Agreement, hereinafter the "Real Property" is described on the attached Exhibit "A'. 3.4. Exhibit D — Security. 4. Identification of Roads and Utilities Required Improvements. 4.1. Owner shall install and complete, or cause to be installed and completed, the improvements listed in Exhibit B required by the land use approval as set forth in Exhibit C to the extent that same remain to be completed ("Roads and Utilities Required Improvements'). 4.2. These improvements consist of roads, utilities and other necessary facilities referred to in this Agreement as "Roads and Utilities Required Improvements." 4.3. The final plat shall note and be subject to this Agreement. 5. Construction of Roads and Utilities Required Improvements. 5.1. Owner shall install and complete the Roads and Utilities Required Improvements in accordance with the plans and construction specifications related thereto and to any additional County and/or State of Oregon specifications. 5.2. Owner shall promptly repair any damage to existing and new facilities, within and without the Real Property, which occurs during installation of the Roads and Utilities Required Improvements. 5.3. Owner shall cause the Roads and Utilities Required Improvements to be inspected by and receive final written construction approval from County and/or the State of Oregon in accordance with the following schedule: 5.3.1. Phase 1 — not later than one (1) year from the recording of the Subdivision Final Plat in File No. FPA -11-2 ("Phase 1 Completion Date"); Page 2 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 5.3.2. Phase 2 — not later than three (3) years from the recording of the Subdivision Final Plat in File No. FPA -11-2 ("Phase 2 Completion Date"); 5.3.3. Phase 3 and 4 — not later than five (5) years from the recording of the Subdivision Final Plat in File No. FPA -11-2 ("Phase 3 and 4 Completion Date"). 6. Warranty of Improvements. 6.1. Owner hereby warrants that the Roads and Utilities Required Improvements shall remain free from defects in materials or workmanship and that the Roads and Utilities Required Improvements continue to meet County and/or State of Oregon standards for twelve (12) months following the Completion Date for each Phase, as outlined in 5.3 above, and any corrections ("Warranty Period"). 6.2. Upon completion and approval of any portion of the Roads and Utilities Required Improvements, Owner shall obtain a bond or other security in favor of, and reasonably acceptable to, the County in the amount of ten -percent (10%) of the construction costs of such improvements to secure the warranty obligations under this Section. 7. License to Enter and Remain on Property. 7.1. Owner hereby grants County and County's employees, engineers, consultants, agents, contractors, subcontractors and suppliers license to come onto and remain on the Real Property as necessary to make inspections of the Roads and Utilities Required Improvements. 7.2. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify the Owner and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Agreement for the inspections of the Roads and Utilities Required Improvements pursuant to Section 7.1. 7.2. If County determines that any portion of the Roads and Utilities Required Improvements have not been completed to County's satisfaction by the applicable Completion Date, County or its employees, engineers, consultants, agents, contractors, subcontractors and suppliers may enter onto and remain on the Real Property and may cause the applicable portion of the Roads and Utilities Required Improvements to be installed and completed. 8. Right to Draw on Security. 8.1. Upon failure of the Owner to complete the Roads and Utilities Required Improvements to County's satisfaction by the applicable Completion Date, County shall notify Owner in writing of such failure. Page 3 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 8.1.1. Owner shall have thirty (30) days from County's notification to complete the Roads and Utilities Required Improvements or that portion which is incomplete or unsatisfactory. 8.1.1.1. 8.1.1.2. In the event the parties agree in writing that the completion cannot reasonably be accomplished in thirty (30) days, then the parties shall agree in writing to extend such time by a period of time as is reasonably necessary to allow completion so long as Owner promptly commences and thereafter diligently pursues completion of the Roads and Utilities Required Improvements. In no event shall the period for completion be extended beyond 180 days from the date of County's notification of failure to complete per Section 8.1. 8.1.2. Should Owner fail to complete the Roads and Utilities Required Improvements within the time period referred to in Section 8.1.1., then County may cause incomplete or unsatisfactory Roads and Utilities Required Improvements to be completed. 8.1.3. If County completes the Roads and Utilities Required Improvements, County may draw upon the Security, as defined below, for any and all costs and expenses anticipated or incurred by County, as determined by County in the completion of the Roads and Utilities Required Improvements. 8.2. For the purposes of this Agreement and access to any security offered and accepted to secure Owner's performance, Owner's failure to complete the Roads and Utilities Required Improvements shall include failure to install or have installed any portion of the Roads and Utilities Required Improvements to County specifications, approved plans or applicable building specialty codes and failure to complete any required inspections by the applicable Completion Date. 9. No County Guarantee. County does not guarantee that any of the Roads and Utilities Required Improvements referred to in this Agreement will be constructed, maintained or operated. 10. License to Use Permits, Specifications and Plans. 10.1. If County determines that any portion of the Roads and Utilities Required Improvements have not been satisfactorily completed as specified by the applicable Completion Date, subject to Owner's notice and cure rights pursuant to Section 8.1.1, Owner shall, upon request of the County, license and assign to County all of Owner's, applicable permits, plans, specifications, shop drawings, instruments, permits and approvals, and other documents necessary or useful in the completion of or related in any manner to the Roads and Utilities Required Improvements that in County's sole discretion have not been completed as specified. Page 4 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 10.2. Owner shall be responsible for providing within any contracts for supply of labor and materials used in connection with constructing Roads and Utilities Required Improvements, that such contract rights are assignable by Owner. 10.3. Upon such request, Owner shall transfer ownership and deliver physical possession of such Permits, plans, specifications, shop drawings, instruments, permits, approvals, and other documents to the County. 10.4. County may sub -assign or license the rights referred to in this Section 10 for any purpose without further approval from Owner. 11. No Third Party Beneficiaries. 11.1. County and Owner are the only parties to this Agreement and are the only parties entitled to enforce its terms. 11.2. Nothing in this Agreement gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Agreement and expressly described as intended beneficiaries of this Agreement. 12. Restoration of Monuments. Owner shall restore any monument erected or used for the purpose of designating a survey marker or boundary of any town, tract, plat or parcel of land which monument is broken, damaged, removed or destroyed, during the course of work provided for or anticipated by this Agreement, whether intentional or otherwise, by the Owner or Owner's agents, employees or independent contractors. 13. Costs of Inspection. Owner shall pay to County the actual costs incurred by County in the inspection of the completed Roads and Utilities Required Improvements plus any fees, including without limitation plan check fees and structural, electrical, plumbing and other specialty codes inspection fees customarily associated with the review and inspection of any improvements on the Real Property. 14. Security for Roads and Utilities Required Improvements. 14.1. Owner's Security shall consist of a Letter of Credit issued in favor of the County by Wells Fargo Bank, N.A. in the amount of $1,092,075.00 (One Million Ninety - Two Thousand Seventy -Five Dollars) with a date of expiration of no less than six (6) months past the Completion Date for the last phase as established by Section 5 herein (the 'Security'). 14.2. The amount of the Security, attached hereto as Exhibit D, represents one hundred and twenty percent (120%) of the estimated costs, as set forth in Exhibit B, of completing the Roads and Utilities Required Improvements to County standards, as applicable. 15. Owner's Obligation For Costs. 15.1. Owner expressly acknowledges, understands, and agrees that this Agreement shall not relieve Owner from the obligation to complete and fully pay for the Page 5 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 Roads and Utilities Required Improvements and other costs and fees set forth in this Agreement. 15.2. Should Owner fail to perform its responsibilities under this Agreement in any manner, Owner agrees to compensate County for all costs to complete and warrant the Roads and Utilities Required Improvements and pay costs and fees. 16. Release of Security or Obligation. 16.1. After the Roads and Utilities Required Improvements have been inspected and approved by the County, County shall release the Security within fifteen (15) calendar days provided Owner has procured the warranty security required pursuant to Section 6 of this Agreement. 16.2. In addition, the County may release portions of the Security when appropriate, as evidenced by Owner's satisfactory completion of Roads and Utilities Required Improvements and in accordance with the phase cost estimates of Exhibit B and construction schedule described in Section 5 herein. 16.3. Upon written request of Owner, County may release any of Owner's obligations under the terms and conditions of this Agreement in writing upon Owner's completion and County inspection and approval of any portion of the Roads and Utilities Required Improvements, provided County, in its sole discretion, determines that adequate security remains in place for Owner completion of Roads and Utilities Required Improvements in accordance with this Agreement. 16.4. County's partial release of any portion of the Security shall not be construed as a waiver of County's right to require full compliance with this Agreement and Owner's obligation to satisfy any costs and expenses incurred in completion of the Roads and Utilities Required Improvements and the required warranties associated with such improvements. 16.5. If Owner has not yet obtained a bond or other security to guaranty its warranty obligations pursuant to Section 6, then County Treasurer shall withhold from any funds released under Sections 16.2, 16.3 and 16.4 herein an amount equal to ten percent (10%) of the construction costs of completing the Roads and Utilities Required Improvements. 17. Shortfall in Security. 17.1. If the amount available to be drawn from the Security is less than the costs and expenses anticipated to be incurred, or actually incurred, by County, County may apply the proceeds of the Security to the anticipated or actual costs and expenses of completion of the Roads and Utilities Required Improvements. 17.2. Owner shall be responsible and liable for the difference between the anticipated or actual costs and expenses incurred by County and the amount of the remaining Security. 18. Incidental Costs. Without limiting the generality of the foregoing, if upon County's written notice to financial institution issuing the Security per Section 3.4 ("Surety") of Owner's Page 6 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 failure to complete Roads and Utilities Required Improvements, subject to Owner's notice and cure rights pursuant to Section 8.1.1, the proceeds of the Security are not remitted to County within ten (10) days of demand for funds by the County, or the Roads and Utilities Required Improvements is not installed within a reasonable time period determined by County after notice to the Surety, then County's costs of obtaining the proceeds of the Security and/or completing the Roads and Utilities Required Improvements and all incidental costs to the extent not covered by the Security, shall be added to the amount due County from the Owner, and shall be paid to County by Owner, in addition to and with all other amounts due hereunder. 19. Substandard Improvements. 19.1. If the Roads and Utilities Required Improvements constructed by Owner fail or are determined by County to be defective within the applicable twelve (12) month warranty period in Section 6 of this Agreement, County shall notify Owner and/or the Surety of the warranty obligation in writing of such failure or defective Roads and Utilities Required Improvements. 19.2. Owner and/or the Surety shall then have sixty (60) days to complete repair or replacement of the defective Roads and Utilities Required Improvements. 19.3. In the event that the repair or replacement per Section 19.1. and 19.2 cannot reasonably be completed within sixty (60) days, then the same shall be extended by such period of time as is reasonably necessary, provided Owner and/or the Surety promptly commences and thereafter diligently prosecutes such repair or replacement. 19.4. Should Owner fail to complete repair or replacement of the Roads and Utilities Required Improvements within the required time period, County may remedy the defects and demand payment for such from Owner and/or the Surety. 20. Successors in Interest. 20.1. The original of this Agreement shall be recorded with the Deschutes County Clerk and shall be a condition and covenant that shall run with the Real Property. 20.2. It is the intent of the parties that the provisions of this Agreement shall be binding upon the parties to this Agreement, and subject to the terms contained in Section 21, their respective successors, heirs, executors, administrators, and assigns, and any other party deriving any right, title or interest in or to the Real Property, including any person who holds such interest as security for the payment of any obligation, including a mortgagee or other secured party in actual possession of said Real Property by foreclosure or otherwise or any person taking title from such security holder. 20.3. Upon completion of the Roads and Utilities Required Improvements, and the expiration of the applicable Warranty Period, County, upon request by Owner or any person or persons owning a lot in the Subdivision, shall release a lot from the condition and covenant subsisting under this Agreement. Page 7 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 21. Residential Lot Purchasers. Notwithstanding the terms of Section 20, the terms of this Section shall apply to each residential lot ("Residential Lot") created from the Real Property or platted in the Subdivision and sold or transferred to a third party for the principal purpose of constructing and residing therein by such third party (each such buyer or transferee and his or her successors and assigns is a "Residential Buyer") and: 21.1. Each such Residential Lot is conveyed free of any obligation to pay money or complete the Roads and Utilities Required Improvements that may arise out of this Agreement; 21.2. Each Residential Buyer or Transferee is under no obligation or burden to complete the terms and conditions of this Agreement; 21.3. The recordation of this Agreement is for the purpose of putting Residential Buyer or Transferee on notice of the Agreement's terms and that the County has no obligation to construct the Roads and Utilities Required Improvements or any portion of the Roads and Utilities Required Improvements nor does the Agreement in anyway guarantee that any of the Roads and Utilities Required Improvements will be constructed; and 21.4. The Agreement conveys no right or right of action by any Residential Buyer or Transferee against the County for any act or omission of the County, including but not limited to, the County decisions or acts which result in the Roads and Utilities Required Improvements, or any part of the Roads and Utilities Required Improvements, not being constructed. 21.5 This Section 21 shall not apply to assignments or transfers of all or any residential lots to a lender, financing entity or third party not intended as the ultimate use of the residential lot or lots. 22. Binding Authorization. By signature on this Agreement, each signatory, signing in a representative capacity, certifies that the signer is authorized to sign the Agreement on behalf of and bind the signer's principal. 23. Expiration. 23.1. Unless otherwise extended, this Agreement shall expire at the conclusion of the applicable Warranty Period or by the express written release of Owner by County from this Agreement granted as part of an approval for a change of use of the Real Property. 23.2. Upon expiration, County shall provide Owner with a document in recordable form, formally evidencing such expiration and the parties agree to execute such document with fourteen (14) days of receipt of such document by the other party. 24. Survival. Notwithstanding the provisions of Section 23 of this Agreement, County's rights under this Agreement, including County's right to draw upon Owners Security in whole or in part to pay the full costs and expenses of completing the Roads and Utilities Required Improvements and repairs or replacements required herein along with any licenses granted in this Agreement and any costs of enforcement of this Agreement, shall survive the expiration of this Agreement. Page 8 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 25. No Agency. 25.1. It is agreed by and between the parties that Owner is not carrying out a function on behalf of County, and County does not have the right of direction or control of the manner in which Owner completes performance under this Agreement nor does County have a right to exercise any control over the activities of the Owner. 25.2. Owner is not an officer, employee or agent of County as those terms are used in ORS 30.265. 26. No Joint Venture or Partnership. County is not, by virtue of this Agreement, a partner or joint venturer with Owner in connection with the Site plan or the Real Property, and shall have no obligation with respect to Owner's debts or other liabilities of each and every nature. 27. Liens. 27.1. Owner shall pay as due all claims for work done on and for services rendered or material furnished to the Real Property and shall keep the Real Property free from liens. 27.2. If Owner fails to pay any such claims or to discharge any lien, County may do so and collect the cost from the Owner or Surety. 27.3. County's payment and satisfaction of any lien pursuant to subsection 27.2 shall not constitute a waiver of any right or remedy that County may have on account of Owner's failure to complete the Roads and Utilities Required Improvements or to recover such expenditures from Owner or pursuant to the Security. 28. Indemnification. Owner shall be responsible for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all activities of Owner under this Agreement and on the Real Property; and further agrees to defend, indemnify and save harmless County, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with any such injury. 29. Limitation of Liability. This Agreement is subject to the Oregon Tort Claims Act, ORS 30.260 to 30.300. 30. Attorney Fees and Costs. In the event an action or suit or proceeding, including appeal therefrom, is brought by any party arising directly and/or indirectly out of the provisions of this Agreement or the interpretation thereof, for Owner's failure to complete the Roads and Utilities Required Improvements or to observe any of the terms of this Agreement or the interpretation thereof, County shall be entitled to recover, in addition to other sums or performances due under this Agreement, reasonable attorney's fees and costs as the court may adjudge in said action, suit, proceeding or appeal. Page 9 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 31. Waiver. 31.1. Waiver of the strict performance of any provision of this Agreement shall not constitute the waiver of any other provision or of the Agreement. 31.2. No waiver may be enforced against the County unless such waiver is in writing and signed by the County. 32. Compliance with provisions, requirements of Federal and State laws, statutes, rules, regulations, executive orders and policies. Debt Limitation. 32.1. This Agreement is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution. 32.2. Any provisions herein, which would conflict with the law, are deemed inoperative to that extent. 32.3. Additionally, Owner shall comply with any requirements, conditions or limitations arising under the any Federal or State law, statute, rule, regulation, executive order and policy applicable to the Roads and Utilities Required Improvements. 32.4. If this Agreement is in any manner construed to constitute the lending of the County's credit or constitute a debt of County in violation of Article XI, Section 10, of the Oregon Constitution, this Agreement shall be void. 33. No Inducement. No representations, statements, warranties have induced the making and execution of this Agreement, or Agreements other than those herein expressed. 34. Governing Law. 34.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. 34.2. Any claim, action, suit or proceeding (collectively, "Claim') between County and Owner that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon in Eugene, Oregon. 34.3. Owner, by signing below, hereby consents to the in personam jurisdiction of said courts. The parties agree that the UN Convention on International Sales of Goods shall not apply. 35. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be void, invalid or unenforceable, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held void, invalid unenforceable. Page 10 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 36. Counterparts. 36.1. This Agreement may be executed in several counterparts, all of which when taken together shall constitute one Agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. 36.2. Each copy of this Agreement so executed shall constitute on original. 36.3. If this Agreement is signed in counterpart, each counterpart shall be recorded as provided herein for the recording of this Agreement and each counterpart shall be noted on the recorded plat map. 37. Notice. 37.1. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing to Owner or County at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. 37.2. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. 37.3. Communication or notice by personal delivery shall be deemed delivered when actually given to the designated person or representative. 37.4. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective between the parties, such facsimile transmission shall be confirmed by telephone notice to County's Director of Administrative Services or Weston Investments. 37.5. Any notice under this Agreement shall be mailed by first class postage or delivered as follows: To Owner: Weston Investment Co. LLC c/o Joe Weston 2154 NE Broadway Portland, Oregon 97232 Phone: 503-284-9005 Fax: 503-284-5458 To County: County Administrator Deschutes County Administration 1300 NW Wall Street, Ste 200 Bend, Oregon 97701 Fax: 541-388-4752 37.6. Notices shall be deemed delivered upon the earlier of actual delivery or refusal of a party to accept delivery thereof, which refusal shall include a party ignoring attempted delivery; provided, however, that notices sent by facsimile or email shall be deemed given on the date delivered if delivered before 5:00 pm Pacific Time as shown on a facsimile transmittal sheet or an e-mail record and if simultaneously transmitted by another means allowed by this Section 37. 37.7. Either party may change its address for notices by giving written notice to the other given in accordance with this Section 37. Page 11 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 37.8. Counsel for a party may give notices on behalf of such party. 38. Time is of the Essence. Time is of the essence of each and every provision of this Agreement. 39. Captions. 39.1. The captions contained in this Agreement were inserted for the convenience of reference only. 39.2. Captions do not, in any manner, define, limit, or describe the provisions of this Agreement or the intentions of the parties. 40. Merger Clause. 40.1. This Agreement and the attached exhibits constitute the entire agreement between the parties and supersede any and all prior or contemporaneous negotiations and/or agreements among the parties, whether written or oral, concerning the subject matters of this Agreement which are not fully expressed herein. 40.2. All understandings and agreements between the parties and representations by either party concerning this Agreement are contained in this Agreement. 40.3. This Agreement shall bind all parties and its terms may not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by all parties. 40.4. Except as otherwise expressly provided herein, any written waiver, consent, modification or change shall be effective only when in writing and signed by the parties in the specific instance and for the specific purpose given. [SIGNATURES CONTINUED ON NEXT PAGE] Page 12 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 DATED this day of , 2011 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ATTEST: ANTHONY DEBONE, Vice -Chair Recording Secretary STATE OF OREGON County of Deschutes ALAN UNGER, Commissioner Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and ALAN UNGER the above-named Board of County Commissioners of Deschutes County, Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. DATED this_ day of , 2011 OWNER: Dated this of , 2011 STATE OF OREGON County of Deschutes ) ss. ) Notary Public, State of Oregon My Commission Expires: WESTON INVESTMENT CO. LLC JOSEPH WESTON, Member Before me, a Notary Public, personally appeared Joseph Weston and acknowledged the foregoing instrument as member of Weston Investment Co. LLC. DATED this day of , 2011 Notary Public, State of Oregon My Commission Expires: Page 13 of 13 - IMPROVEMENT AGREEMENT (Roads and Utilities) — Deschutes County Document No. 2011-068 0 Road De artment 61150 SE 27th St. • Bend, Oregon 97702 (541) 388-6581 • FAX (541) 388-2719 MEMORANDUM TO: ANTHONY RAGUINE, SENIOR PLANNER FROM: GEORGE KOLB, COUNTY ENGINEER SUBJECT: ESTIMATE FOR BONDING; GOLF HOMES AT TETIIEROW PHASES 1, 2 AND 3/4 DATE: 1/19/2011 CC: KEITH DAGOSITMO; LAURIE CRAGHEAD The Road Department has reviewed and approved the cost estimates supplied by D'Agostino Parker, LLC for bonding of the road improvements for the Golf Homes at Tetherow, Phases 1, 2 and 3/4. A bond for each phase will be required as follows: 1. Phase 1: $405,948 ($338,290 x 1.20) 2. Phase 2: $222,329 ($185,274 x 1.20) 3. Phase 3/4: $463,798 ($386,498 x 1.20) Attached is the cost estimate and correspondence from the Engineer. Let me know if you need more information. George Kolb, PE County Engineer Deschutes County Road Department georgek@co.deschutes.or.us (541) 322-7113 Quality Services Performed with Pride George Kolb From: Keith D'Agostino <kdagostino©dp211c.com> Sent: Wednesday, January 19, 2011 9:42 AM To: George Kolb Cc: Don Bauhofer; John Lietz Subject: RE: Golf Homes at Tetherow Bond Estimates Attachments: Golf Homes at Tetherow Bond Estimates 011911.pdf Hi George: Please find the attached refined and edited bond estimates per your review comments via 1-13 email. We have adjusted the sewer service unit cost to $30.00 per lineal foot which is line with other bids(other than Babcock) received for the project. That price seems very reasonable based on our experience in the area, and recent marketplace. Likewise we have adjusted the sewer testing costs per our experiences. We have provided breakdown on water system elements as requested. The paving and base line item is now clarified to note it includes the aggregate base cost as well as ac pavement. $1.98 per sf for ac and ab is in line with our experiences for this sort of private road project and structural sections. Clarified the curb type as requested. Provided the unit parameters and clarifications on other misc. items. as requested. Please call if you have any other questions or need other information. Thanks, Keith Dagostino PE PLS CWRE D'Agostino Parker LLC 231 saclehouse Loop, Suite 203 Bend OR 97702 541 322-8807 office 541 693-4134 mobile From: George Kolb [ma ilto:Geo rge Kolb@co.deschutes.or.usj Sent: Thursday, January 13, 2011 9:19 AM To: kdagostino@dp2llc.com Subject: Golf Homes est check.xlsx 1 Hello Keith; I have looked over the estimate for bonding that you had sent and had a few questions. See the attached for the questions. The main question I had is that some of the costs seemed low. 1 realize that prices have dropped but I have to make sure before I send this over to legal and planning that 1 have everything covered. There were also several items that should be broken down more, i.e. you had one item for valves/tees and elbows and all other estimates we have received break those down into individual items. Take a look at the attached and give me a call if you have any questions. Thanks — George George Kolb, PE County Engineer Deschutes County Road Department georgek(co.deschutes.or.us 541-322-7113 No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1191 / Virus Database: 1435/3377 - Release Date: 01/13/11 2 ?Mie L bio ikr►+.c,;.. GOLF HOMES AT TETHEROW PHASE 1 f J ' OWNER: • Weston Investment Co. LLC Bidder: ADDRESS 2154 NE Broadway_Suite Portland OR 97232 200 BABCOCK BROS. INC. _ `__ P.O. BOX 8703 PHONE # (603) 284-2147 '_ BEND, OREGON 97708 541-382-0884 OFFICE 541-382-6884 FAX ENGINEER PHONE* D'AGOSTINO PARKER, 641-322-8807 LLC. 541-420-3080 CELL FAX # 541-322-8827 Final Approved Plans Jan. 2011 ITEM UNIT COST QUANTITY COST SUBGRADEICLEARING 1 4200.007 $ 16,660.00 $ 600.00 1- 21,460.00 1. Clear & Brush Roads() $ 4,200.00 $ 5.95 $ 600.00 1 2800 1 SUB 'TWAT 2. Rough Excavation Roads ( 2800 Cu. Yds Remove/ Fill) 3. Saw Cut 2 Sewer & Water service & New Sewer & Water Main (LS) SANITARY SEWER! SERVICES 1. Sewer Mainline 8" 3-6 It. Deep (LF) $ 32.00 820 $ - $ 26,240.00 2. Sewer Mainline 8" 6-10 ft. Deep (LF) 3. Sewer Mainline 8" 10-14 ft. Deep (LF) $ 54.00 90 $ 4,860.00 $ 19,800.00 4. Furnish & Install standard manholes. 8 ft. (Ea) $ 2,200.00 9 5. Furnish & Install extension to manholes over 6 ft. (VLF) $ 200.00 10 $ 2,000.00 6. Install 4" sewer to property lines(LF) $ 30.00 Gfr 640 $ 19 200.00 7. Install Manhole in street & Tie in sewer to existing sewer.(LS) $ 3,500.00 1 $ 3,500.00 8. Test sewer(LS) $ 1,000.00 ✓ 1 $ 1,000.00 9. Traffic ControlLLS) $ 1,200.00 1 $ 1,200.00 $ - SUB TOTAL $ 77,800.00 DOMESTIC WATER: 1. Furnish & Install 8" Watermain(LF) $ 44.00 r/ 810 $ 35,640.00 2. Furnish & Install Fire Hydrants.(Ea) $ 1,450.00 ' 2 $ 2,900.00 3, Furnish & Install 1 in services to property lines.(Ea) $ 1,450.00 22 $ 31,900.00 4. Furnish 8 Install 8" DI Bends(Ea) 5 410.00 - . 6 $ 2,460.00 5. Furnish & Install 8" DI Tee(Ea) $ 700.00 ✓" 3 $ 2,100.00 6. Furnish & Install 8" DI Valve Assembly(Ea) $ 1,250.00 ✓ 3 $ 3,750.00 7. Furnish & Install 6' Dl Valve Assembly(Ea) $ 870.00 ' 2 $ 1,740.00 8. Chlorinate & Test Water system.(LS) 5 850.00 1 $ 850.00 9. Hot tap Mainline incl. tapping valve(LS) $ 3,800.00 1 $ 3,800.00 $ - $ - SUB TOTAL $ 85,140.00 DRAINAGE: 1. Construct Infiltration Drainage Basin Incl rip/rap and revegetation (CY) 5 6.25 $ 1,150.00 r 1750 5 $ 10,937.50 $ 5,750.00 2. Fumish & Install Catch Basins (Ea) 3. Furnish & Install 24 HDPE Strom pipes to Swale.(LF) $ 38.00 370 $ 14,060.00 4. Furnish & Install 18" C-905 Storm Pipe (LF) $ 41.00 $ 23.00 72 33 $ 2 952.00 $ 759.00 5. Fumish & Install 12" C-900 Storm PIpe(LF) 6. Furnish & Install 8" C-900 (LF) •• 1 15.00 0 $ - SUB TOTAL $ 34,458.50 STREET/POWER 1.2-1/2 " AC Pavement over 6" A Base (SF) $ 1.98 22250 $ 44,055.00 2. Construct low profile mountable curb (LF) $ 8.95 $ 3.45 $ 2,500.00 1750 4220 1 $ 12 182.50 $ 14,559.00 $ 2,500.00 3. Provide City Standard Sidewalk 4" Conc. over 2' Agg. Base (SF)_ 4. Provide Construction Water(LS) 5. Furnish & Install Utility Trenching/Condults/Sweeps(LF) S 29.00 1 2,100.00 1085 5 $ 30,885.00 $ 10,500.00 8. Provide PPL 644 Elec Vaults. (Ea) 7. Provide PPL 484 Elan Vaults (Ea) $ 1,650.00 0 $ - 8. Concrete Hydrant Pads (Ea) $ 375.00 $ 210.00 $ 1,500.00 2 12 1 $ 750.00 $ 2,520.00 $ 1,500.00 9. Barricade/Signs (2) Street Signs (10) No Parking / Fire LanejEg 10. Geotechnical Sewer/Water Trench (LS) SUB TOTAL $ 119,431.50 TOTAL $ 338,290.00 PER LOT $ 16,376.82 ?Mie L bio ikr►+.c,;.. ,est T� I'w 64:4 f22Z, 3. GOLF HOMES AT TETHEROW PHASE II OWNER: Weston Investment Co. LLC Bidder. ADDRESS 2154 NE Broadway Suite 200 BABCOCK BROS. INC. Portland OR 97232 P.O. BOX 6703 PHONE # (503) 284-2147 BEND, OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: D'AGOSTINO PARKER, LLC. _ 541-420-3080 CELL PHONE* 541-322-8807 FAX # 541-322-8827 Final Approved Plans Jan. 2011 ITEM UNIT COST QUANTITY COST SUBGRADE/CLEARING 1. Clear & Brush Roads (LS) $ 3,000.00 1 $ 3,000.00 2. Rough Excavation Roads (900 Cu. Yds Remove/ FilD $ 5.95 900 SUB TOTAL $ 5,355.00 $ 8,355.00 SANITARY SEWER 1 SERVICES 1. Sewer Mainline 8" 3-6 ft. Deep (LF) 2. Sewer Mainline 8" 6-10 ft. Deep (LF) $ 32.00 560 $ 17,920.00 3. Sewer Mainline 8" 10-14 ft. Deep (LF) $ - 4. Fumish & Install standard manholes. 6 ft. (Ea) $ 2,200.00 6 $ 13,200.00 5. Fumish & install extension to manholes over 6 ft. (VLF) $ - 6. Install 4 sewer to property lines.(LF) $ 30.00 310 $ 9,300.00 8. Test sewer (LS) $ 1,000.00 i $ 1,000.00 $ - SUB TOTAL $ 41,420.00 DOMESTIC WATER: 1. Furnish & Install 8' Watermain (LF) $ 43.00 580 $ 24,940.00 2. Fumish & Install Fire Hydrants. (Ea) $ 1,450.00 1 $ 1,450.00 3. Fumish & Install t In services to property lines. (Ea) $ 1,450.00 12 $ 17,400.00 4. Fumish & Install 8" DI Bends(Ea) $ 410.00 6 $ 2,460.00 5. Furnish & Install 8" DI Tee(Ea) $ 700.00 3 $ 2,100.00 6. Fumish & Install 8" DI Valve Assembly(Ea) $ 1,250.00 3 $ 3,750.00 7. Fumish & install 6" DI Valve Assembly(Ea) $ 870.00 2 $ 1,740.00 8. Chlorinate & Test Water system.(LS) $ 850.00 1 $ 850.00 SUB TOTAL $ 54,890.00 DRAINAGE: . $ - 1. Furnish & Install Type A Drywall $ - 2. Furnish & Install Catch Basins w/Flters. $ - 3. Install Cross pjpes to Catch Basins. $ SUB TOTAL $ - STREET/POWER 1.2-1/2 "AC Pavement over 6' Agg. Base (SF) $ 1.98 15940 $ 31,561.20 2. Construct low -profile mountable curb (LF) $ 6.95 550 $ 3,822.50 3. Provide City Standard Sidewalks (SF)_ $ 3.45 2700 $ 9,315.00 4. Provide Construction Water (LS) $ 1,700.00 1 1 1,700.00 5. Fumish & Install Utility Trenching/Conduits. (LF) $ 29.00 900 $ 26,100.00 6. Provide PPL 644 Elec Vaults. (Ea) $ 2,100.00 2 $ 4,200.00 7. Provide PPL 464 Elec Vaults (Ea) $ 1,650.00 0 $ - 8. Concrete Hydrant Pads (Eel $ 375.00 $ 210.00 $ 900.00 2 16 $ 750.00 $ 3,360.00 $ - 9. Signs: Street Sign (2) No Parking / Fire Lane. (7) (Ea) 10. Geotechnical SewerMater Trench (LS) $ 80,808.70 TOTAL $ 185,273.70 PER LOT $ 15,439.48 ,est T� I'w 64:4 f22Z, 3. pr1 ASE '3 3ciu.) b.5;-19 1 GOLF HOMES AT TETHEROW PHASE III OWNER: Weston Investment Co. LLC Bidder ADDRESS 2164 NE Broadway Suite 200 BABCOCK BROS. INC. Portland OR 97232 P.O. BOX 6703 _ PHONE # 1503) 284-2147 _._.._ .__._...._____. BEND, OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: D'AGOSTINO PARKER, LLC. 541-420-3060 CELL PHONE # 541-322-8807 _ FAX # 541-322-8827 Final approved plans Jan. 2011 '- ITEM UNIT COST QUANTITY COST SUBGRADE!CLEARING 1. Clear & Brush Roads(LS) $ 3,000.00 1 $ 3,000.00 $ 8,882.50 $ 11,882.50 2. Rough Excavation Roads/p_ropertyy 1870 Cu. Yds Remove/ Fill) $ 4.75 1870 SUB TOTAL SANITARY SEWER / SERVICES 1. Sewer Mainline 8" 3-6 ft. Deep (LF) ^ $ - 2. Sewer Mainline 8" 6-10 ft. Deep (LF) $ 32.00 350 $ 11,200.00 3. Sewer Mainline 8" 10-14 R. Deep (LF) $ 54.00 100 $ 5400.00 4. Furnish & Install standard manholes. 6 ft. (Ea) $ 2,200.00 $ 300.00 8 1 $ 17,600.00 $ 300.00 5. Furnish & install extension to manholes over 6 ft.(VLF) 6. Install 4" sewer to property lines. (LF) $ 30.00 580 $ 17,400.00 8. Test sewer (LS) $ 1,000.00 1 $ 1,000.00 $ - SUB TOTAL $ 52,900.00 OOMESTIC WATER: 1. Furnish & Install 8" Watermain (LF) $ 43.00 700 $ 30,100.00 2. Furnish & Install Fire Hydrants.(Ea) $ 1,450.00 2 $ 2,900.00 3. Furnish & Install 1 in services to property lines.(Ea) $ 1,450.00 12 $ 17,400.00 4. Fumish & install 8" DI Bends(Ea) $ 410.00 10 $ 4,100.00 5. Fumish & Install 8' DI Tee(Ea) $ 700.00 2 $ 1,400.00 6. Fumish & Install 8" DI Valve Assembly(Ea) $ 1,250.00 1 $ 1,250.00 7. Furnish & Install 6' DI Valve Assembly(Ea) $ 870.00 2 $ 1,740.00 8. Chlorinate & Test Water system.(LS) $ 850.00 $ 850.00 $ SUB TOTAL $ 59,740.00 DRAINAGE: 1. Furnish & Install Type B Drywelis. $ 1,150.00 1 $ - $ - $ 1,150.00 2. Fumish & Install Type A Drywell 3. Fumish & Install Catch Basins (Ea) 4. Install 12" C900 Storm Drain Pipe (LF) $ 23.00 50 $ 1,150.00 SUB TOTAL! $ 2,300.00 STREET/POWER 1. 2-1/2 "AC Pavement over 6" Agg. Base (SD $ 1.98 $ 6.95 14412 1480 $ 28,535.76 $ 10,286.00 2. Construct low -profile mountable curb (LF) 3. Provide City Standard Sidewalks (SF) $ 3.45 3700 $ 12,765.00 4. Provide Construction Water (LS) 5. Furnish & InstallUtility Trenching/Conduits. (LF) 6. Provide PPL 644 Elec Vaults. (Ea) 7. Provide PPL 464 Elec Vaults (Ea) 8. Concrete Hydrant Pads (Ea) $ 1,500.00 1 $ 1,500.00 $ 29.00 1300 $ 37,700.00 $ 1,650.00 2 $ 3,300.00 $ 1 650.00 0 $ - $ 375.00 $ 210.00 2 18 $ 750.00 $ 3,780.00 9. Stens (18) No Parking / Fire Lane (Ea) 10.Parking area Std. Curb (LF) $ 8.50 3 900.00 180 1 $ 1,530.00 $ 900.00 SUB TOTAL $ 101,046.76 11. Geotechnical Sewer/Water Trench(LS) TOTAL $ 227,869.26 PER LOT $ 10,357.69 pr1 ASE '3 3ciu.) b.5;-19 1 GOLF HOMES AT TETHEROW PHASE IV OWNER: Weston investment Co. LLC Bidder ADDRESS 2154 NE Broadway Suite 200 _ _ BABCOCK BROS. INC. Portland OR 97232 P.O. BOX 6703 PHONE # (503) 284-2147 7 BEND, OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: D'AGOSTINO PARKER, LLC. ____` 541-420-3060 CELL PHONE # 541-322-8807 FAX # 541-322-8827 Final APPROVED PLANS Jan. 2011 UNIT COST QUANTITY COST SUBGRADE/CLEARING 1. Clear & Brush Roads (LS) $ 2,500.00 1 $ 2,500.00 2. Rough Excavation Roads/property ( 3300 Cu. Yds Remove/ Fill) $ 5.75 3300 $ 18,975.00 3. Saw Cut Asphalt to Hol Tap Water Main (LS) $ 400.00 1 SUB TOTAL $ 400.00 $ 21,875.00 SANITARY SEWER 1 SERVICES 1. Sewer Mainline 8" 3-6 8. Deep $ - 2. Sewer Mainline 8" 6-10 ft. Deep $ - 3. Sewer Malnfine 8" 10-14 ft. Deep $ - 4. Fumish & install standard manholes. 6 ft. $ - 5. Furnish & install extension to manholes over 8 ft. $ - 6. Install sewer to property lines. $ - 7. Install Manhole in street & Tie in sewer to existing sewer. $ - 8. Test sewer $ - $ - SUB TOTAL $ - DOMESTIC WATER: 1. Fumish & Install 8" Watermaln (LF) $ 43.00 600 $ 25,800.00 2. Furnish & Install Fire Hydrants. (Ea) $ 1,450.00 2 $ 2,900.00 3. Fumish & Install 1 in services to property lines. (Ea) $ 1,450.00 10 3 14,500.00 4. Fumish & Install 8" DI 8ends(E) $ 410.00 2 $ 820.00 5. Fumish & Install 8" DI Tee(Ea) $ 700.00 2 $ 1,400.00 6. Fumish & Install 8" DI Valve Assembly(Ea) $ 1,250.00 2 $ 2,500.00 7. Furnish & Install 6" DI Valve Assembly(Ea) $ 870.00 $ 850.00 2 1 $ 1,740.00 $ 850.00 8. Chlorinate & Test Water system.(LS) 9. Hot tap Mainline Ind. tapping valve(LS) s 3,800.00 1 $ 3,800.00 $ - SUB TOTAL $ 54,310.00 DRAINAGE: 1. Fumish & Install Type B Dywells. $ - $ - 2. Fumish & Install Type A Drywef 3. Fumish & install Catch Basins. Ea $ 1150.00 3 $ 3,450.00 $ 3,082.00 4. Install 12" C900 Storm Drain Pipe (LF) $ 23.00 134 $ SUB TOTAL $ 6,532.00 STREET/POWER 1. 2- 1/2 " AC Pavement over 6" Agg. Base (SF) $ 1.98 $ 8.00 12900 1150 $ 25,542.00 $ 9,200.00 2. Construct low -profile mountable curb (LF) 3. Provide City Standard Sidewalks (SF) $ - 4. Provide Construction Water (LS) $ 1,000.00 1 $ 1,000.00 5. Fumish & Install Utility Trenching/Conds. (LF) $ 29.00 1050 $ 30,450.00 6. Provide PPL 844 Elec Vaults. (Ea) $ 2,100.00 2 $ 4 200.00 7. Concrete Hydrant Pads $ 375.00 2 $ 750.00 B. Signs: (1) Street Sign (8) No Parkin /Fire Lane (Ea) $ 230.00 $ 1,800.00 9 1 $ 2,070.00 $ 1,800.00 9. Patch & Fiaggers Hot Tap. (LS) 10. Geotechnical Sewer/Water Trench (LS) $ 900.00 1 $ 900.00 SUB TOTAL $ 75,912.00 TOTAL $ 158,629.00 PER LOT $ 15,862.90 EXHIBIT "A" PROPERTY DESCRIPTION THE TRIPLE KNOT PROPERTY All that portion of land located in the West half of Section 12, Township 18 South, Range 11 East, Willamette Meridian, in Deschutes County, Oregon, more particularly described as follows: Development Tract 'AE' of Tetherow Phase 1, as per the plat thereof recorded in Volume 2007, Page 51564, Official Records, Deschutes County, Oregon. vesc s C.O.9ac-, No, 2AIt- o6% be&ckru-&--1e_s C.o,bac-Noe 2-0 11-06S Exhibit B Page 1 of 4 GOLF HOMES AT TETHEROW PHASE I OWNER: Weston Investment Co. LLC Bidder: ADDRESS 2154 NE Broadway Suite Portland OR 97232 200 BABCOCK BROS. INC. P.O. BOX 6703 PHONE # (503) 284-2147 BEND OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: PHONE # D'AGOSTINO PARKER, LLC. 541-322-8807 541-420-3060 CELL FAX # 541-322-8827 Final Approved Plans Jan. 2011 ITEM UNIT COST QUANTITY COST SUBGRADE/CLEARING 1. Clear & Brush Roads LS) $ 4,200.00 1 $ 4200.00 2. Rough Excavation Roads ( 2800 Cu. Yds Remove/ Fill) $ 5.95 2800 $ 16,660.00 3. Saw Cut 2 Sewer & Water service & New Sewer & Water Main (LS) $ 600.00 1 SUB TOTAL $ 600.00 $ 21,460.00 SANITARY SEWER 1 SERVICES 1. Sewer Mainline 8" 3-6 ft. Deep JLF) $ - 2. Sewer Mainline 8" 6-10 ft. Deep (LF) $ 3200 $ 54.00 $ 2,200.00 $ 200.00 $ 30.00 820 90 9 10 640 $ 26240.00 $ 4,860.00 $ 19,800.00 $ 2,000.00 $ 19,200.00 3. Sewer Mainline 8" 10-14 ft. Deep (LF) 4. Furnish & Install standard manholes. 6 ftjEa) 5. Furnish & Install extension to manholes over 6 ft. (VLF) 6. Install 4" sewer to property lines(LF) 7. install Manhole in street & Tie in sewer to existing sewer.(LS) $ 3,500.00 $ 1,000.00 $ 1,200.00 1 1 1 $ 3,500.00 $ 1,000.00 $ 1,200.00 8. Test sewesLS) 9. Traffic Control(LS) $ SUB TOTAL $ 77,800.00 DOMESTIC WATER: 1. Furnish & Install 8" Watermain(LF) $ 44.00 $ 1,450.00 $ 1,450.00 $ 410.00 810 2 22 6 $ 35,640.00 $ 2,900.00 $ 31,900.00 $ 2,460.00 2. Furnish & Install Fire Hydrants.(Ea) 3. Furnish & Install 1 in services to property lines.(Ea) 4. Fumish & Install 8" DI Bends(Ea) 5. Furnish & Install 8" DI Tee(Ea) $ 700.00 3 $ 2,100.00 6. Furnish & Install 8" DI Valve Assembly/Ea) $ 1,250.00 $ 870.00 3 2 $ 3,750.00 $ 1,740.00 7. Furnish & Install 6" DI Valve Assembly(Ea) 8. Chlorinate & Test Water system.(LS) - $ 850.00 $ 3,800.00 1 1 $ 850.00 $ 3,800.00 $ 9. Hot tap Mainline incl. tapping valve(LS) $ SUB TOTAL $ 85,140.00 DRAINAGE: 1. Construct Infiltration Drainage Basin incl. rip/rap and revegetation (CY) $ 6.25 $ 1,150.00 1750 5 $ 10,937.50 $ 5,750.00 2. Furnish & Install Catch Basins (Ea) 3. Furnish & Install 24 HOPE Strom pipes to Swale.(LF) $ 38.00 $ 41.00 $ 23.00 370 72 33 $ 14,060.00 $ 2,952.00 $ 759.00 4. Furnish & Install 18" C-905 Storm Pipe (LF) 5. Furnish & Install 12" C-900 Storm Pipe(LF) 6. Furnish & Install 8" C-900 (LF) .. $ 15.00 0 $ SUB TOTAL $ 34,458.50 STREET/POWER 1. 2- 1/2 " AC Pavement over 6" Agg. Base (SF) $ 1.98 $ 6.95 22250 1750 $ 44,055.00 $ 12,162.50 2. Construct low -profile mountable curb (LF) 3. Provide City Standard Sidewalk 4" Conc. over 2" Agg. Base (Sf) $ 3.45 $ 2,500.00 $ 29.00 $ 2,100.00 4220 1 1065 5 $ 14,559.00 $ 2,500.00 $ 30,885.00 $ 10,500.00 4. Provide Construction Water(LS) 5. Furnish & Install Utility Trenching/Conduits/Sweeps(LF) 6. Provide PPL 644 Elec Vaults. (Ea) 7, Provide PPL 464 Elec Vaults (Ea) $ 1,650.00 0 $ - 8. Concrete Hydrant Pads (Ea) $ 375.00 2 $ 750.00 9. Barricade/Signs (2) Street Signs (10) No Parking / Fire Lane (Ea) $ 210.00 $ 1,500.00 12 1 $ 2,520.00 $ 1,500.00 10. Geotechnical Sewer/Water Trench (LS) SUB TOTAL $ 119,431.50 TOTAL $ 338,290.00 PER LOT $ 16,376.82 be&ckru-&--1e_s C.o,bac-Noe 2-0 11-06S Exhibit B Page 1 of 4 601u4S Co 14o. 2-01k06g Exhibit B Page 2 of 4 GOLF HOMES AT TETHEROW PHASE II OWNER: Weston Investment Co. LLC Bidder: ADDRESS 2154 NE Broadway Suite Portland OR 97232 200 BABCOCK BROS. INC. P.O. BOX 6703 PHONE # (503) 284-2147 r BEND, OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: D'AGOSTINO PARKER LLC. 541-322-8807 541-420-3060 CELL PHONE # FAX# • 541-322-8827 Final Approved Plans Jan. 2011 ITEM UNIT COST QUANTITY COST SUBGRADE/CLEARING 1. Clear & Brush Roads LLB) $ 3,000.00 1 $ 3,000.00 2. Rough Excavation Roads ( 900 Cu. Yds Remove/ Fill) $ 5.95 900 $ 5,355.00 SUB TOTAL $ 8,355.00 SANITARY SEWER / SERVICES 1. Sewer Mainline 8" 3-6 ft. DeepJLF) 2. Sewer Mainline 8" 6-10 ft. Deep (LF) $ 32.00 $ 2,200.00 560 6 $ 17,920.00 $ - $ 13,200.00 $ - 3. Sewer Mainline 8" 10-14 ft. DeepJLF) 4. Furnish & Install standard manholes. 6 ft. (Ea) 5. Furnish & install extension to manholes over 6 ft. (VLF) 6. Install 4" sewer to property lines.(LF) $ 30.00 $ 1,000.00 310 1 $ 9,300.00 $ 1,000.00 8. Test sewer (LS) $ SUB TOTAL $ 41,420.00 DOMESTIC WATER: 1. Furnish & Install 8" Watermain (LF) $ 43.00 580 $ 24,940.00 2. Furnish & Install Fire Hydrants. (E) $ 1,450.00 $ 1,450.00 $ 410.00 1 12 6 $ 1,450.00 $ 17,400.00 $ 2,460.00 3. Furnish & Install 1 in services to property lines. ( ) 4. Furnish & Install 8" DI Bends(Ea) 5. Furnish & Install 8" DI Tee(Ea) $ 700.00 3 $ 2,100.00 6. Furnish & Install 8" DI Valve AssemblySEa) $ 1,250.00 3 $ 3,750.00 7. Furnish & Install 6" DI Valve Assembly(Ea) $ 870.00 2 $ 1,740.00 8. Chlorinate & Test Water system.(LS) $ 850.00 1 $ 850.00 SUB TOTAL $ 54,690.00 DRAINAGE: - $ 1. Furnish & Install Type A Drywell $ - 2. Furnish & Install Catch Basins wlFiters. $ - 3. Install Cross pipes to Catch Basins. $ - SUBTOTAL $ - STREET/POWER 1.2-1/2" AC Pavement over 6" Agg. Base (SF) $ 1.98 $ 6.95 $ 3.45 $ 1,700.00 15940 550 2700 1 $ 31,561.20 $ 3,822.50 $ 9,315.00 $ 1,700.00 2. Construct low -profile mountable curb (LF) 3. Provide City Standard Sidewalks (SF) 4. Provide Construction Water (LS) 5. Furnish & Install Utility Trenching/Conduits. (f $ 29.00 $ 2,100.00 900 2 $ 26,100.00 $ 4,200.00 6. Provide PPL 644 Elec Vaults. (Ea) 7. Provide PPL 464 Elec Vaults (Ea) $ 1,650.00 $ 375.00 0 2 $ - $ 750.00 8. Concrete Hydrant Pads (Ea) 9. Signs: Street Sign (2) No Parking / Fire Lane. (7) (Ea) $ 210.00 $ 900.00 16 $ 3,360.00 $ - 10. Geotechnical Sewer/Water Trench (LS) $ 80,808.70 TOTAL $ 185,273.70 PER LOT $ 15,439.48 601u4S Co 14o. 2-01k06g Exhibit B Page 2 of 4 'e--5 eCi. C€) , 140 . 20 II- Ob$ Exhibit B Page 3 of 4 GOLF HOMES AT TETHEROW PHASE III OWNER: Weston Investment Co. LLC Bidder ADDRESS 2154 NE Broadway Suite Portland OR 97232 200 BABCOCK BROS. INC. P.O. BOX 6703 PHONE # (503) 284-2147 1 BEND, OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: D'AGOSTINO PARKER LLC. 541-420-3060 CELL PHONE# 541.322.8807 FAX# 541-322-8827 Final approved plans Jan. 2011 ITEM UNIT COST QUANTITY COST SUBGRADE/CLEARING _ 1. Clear & Brush Roads(LS) $ 3,000.00 $ 4.75 1 1870 $ 3,000.00 $ 8,882.50 2. Rough Excavation Roadss property (_1870 Cu. Yds Remove/ Fill) SUB TOTAL $ 11,882.50 SANITARY SEWER / SERVICES 1. Sewer Mainline 8" 3-6 ft. Deep (LF) $ 32.00 $ 54.00 350 100 $ - $ 11,200.00 $ 5,400.00 2. Sewer Mainline 8" 6-10 ft. Deep (LF) 3. Sewer Mainline 8" 10-14 ft. Deep (LF) 4. Furnish & Install standard manholes. 6 ft. (Ea) $ 2,200.00 8 $ 17,600.00 5. Furnish & Install extension to manholes over 6 ft.(VLF) $ 300.00 1 $ 300.00 6. Install 4" sewer to mroperty IinesJLF) $ 30.00 $ 1,000.00 580 1 $ 17,400.00 $ 1,000.00 8. Test sewer LS $ SUB TOTAL $ 52,900.00 DOMESTIC WATER: 1. Furnish & Install 8" Waterman (LF) $ 43.00 700 $ 30,100.00 2. Furnish & Install Fire Hydrants.(Ea) $ 1,450.00 2 $ 2,900.00 3. Furnish & Install 1 in services to property lines (Ea) $ 1,450.00 12 $ 17,400.00 4. Furnish & Install 8" DI Bends() $ 410.00 10 $ 4,100.00 5. Furnish & Install 8" DI Tee(Ea) $ 700.00 2 $ 1,400.00 6. Furnish & Install 8" DI Valve Assembiy(Ea) $ 1,250.00 1 $ 1,250.00 7. Furnish & Install 6" DI Valve Assembly(Ea) $ 870.00 2 $ 1,740.00 8. Chlorinate & Test Water system.L) $ 850.00 $ 850.00 $ SUB TOTAL $ 59,740.00 DRAINAGE: 1. Furnish & Install Type B Drywells. $ 1,150.00 1 $ - $ - $ 1,150.00 2. Furnish & Install Type A Drywell 3. Furnish & Install Catch Basins (Ea) 4. Install 12" C900 Storm Drain Pipe (LF) $ 23.00 50 $ 1,150.00 SUB TOTAL $ 2,300.00 STREET/POWER 1. 2-1/2 "AC Pavement over 6" Agg. Base (SF) $ 1.98 $ 6.95 $ 3.45 $ 1 500.00 14412 1480 3700 1 $ 28,535.76 $ 10,286.00 $ 12,765.00 $ 1,500.00 2. Construct low -profile mountable curb (LF) 3. Provide City Standard Sidewalks (SF) 4. Provide Construction Water (LS) 5. Furnish & InstallUtility Trenching/Conduits. (LF) 6. Provide PPL 644 Elec Vaults. (Ea) 7. Provide PPL 464 Elec Vaults (Ea) 8. Concrete Hydrant Pads (Ea) $ 29.00 1300 $ 37,700.00 $ 1.650.00 2 $ 3,300.00 $ 1 650.00 0 $ - $ 375.00 2 $ 750.00 9. Signs (18) No Parking / Fire Lane (Ea) $ 210.00 18 $ 3,780.00 10.Parking area Std. Curb ILF) $ 8.50 180 $ 1,530.00 11. Geotechnical Sewer/Water Trench(h) $ 900.00 1 $ 900.00 SUB TOTAL $ 101,046.76 TOTAL PER LOT $ 227,869.26 $ 10,357.69 'e--5 eCi. C€) , 140 . 20 II- Ob$ Exhibit B Page 3 of 4 �S(Luke_S t. -o. eooc. klo WiHOBt Exhibit B Page 4 of 4 GOLF HOMES AT TETHEROW PHASE IV OWNER: Weston Investment Co. LLC _ Bidder ADDRESS 2154 NE Broadway Suite Portland OR 97232 200 BABCOCK BROS. INC. P.O. BOX 6703 PHONE # I503) 284-2147 BEND. OREGON 97708 541-382-6884 OFFICE 541-382-6884 FAX ENGINEER: D'AGOSTINO PARKERJLC. 541-322-8807 541-420-3060 CELL PHONE # FAX if 541-322-6827 Final APPROVED PLANS Jan. 2011 UNIT COST QUANTITY COST SUBGRADEICLEARING 1. Clear & Brush Roads (LS) $ 2,500.00 1 $ 2500.00 2. Rough Excavation Roads/property ( 3300 Cu. Yds Remove/ Fill) $ 5.75 $ 400.00 3300 1 SUB TOTAL $ 18,975.00 $ 400.00 $ 21,875.00 3. Saw Cut Asphalt to Hot Tap Water Main (LS) SANITARY SEWER / SERVICES 1. Sewer Mainline 8" 3-8 ft. Deep $ - $ - $ - 2. Sewer Mainline 8" 6-10 ft. Deep 3. Sewer Mainline 8" 10-14 ft. Deep 4. Furnish & Install standard manholes. 6 ft. $ - 5. Furnish & install extension to manholes aver 6 ft. $ - 6. Install sewer to property lines. $ - 7. Install Manhole in street & Tie in sewer to existing sewer. $ - 8. Test sewer $ - $ SUB TOTAL $ - DOMESTIC WATER: 1. Furnish & Install 8" Watermaln (LF) $ 43.00 $ 1,450.00 $ 1,450.00 600 2 10 $ 25,800.00 $ 2,900.00 $ 14,500.00 2. Furnish & Install Fire Hydrants. (Ea) 3. Furnish & Install 1 in services to property lines. (Ea) 4. Furnish & Install 8" DI Bends(E4) $ 410.00 2 $ 820.00 5. Furnish & Install 8" DI Tee(Ea) $ 700.00 2 $ 1,400.00 6. Furnish & Install 8" DI Valve Assembly(Ea) $ 1,250.00 $ 870.00 2 2 $ 2,500.00 $ 1,740.00 7. Fumish & Install 6" DI Valve AssemblyjEa) 8. Chlorinate & Test Water s stem. L5 $ 850.00 1 $ 850.00 9. Hot tap Mainline incl. tapping valve(LS) $ 3,800.00 1 $ 3,800.00 $ SUB TOTAL $ 54,310.00 DRAINAGE: 1. Furnish & Install Type B Drywells. $ - $ - 2. Furnish & Install Type A Drywell 3. Furnish & Install Catch Basins. (Ea) $ 1,150.00 $ 23.00 3 134 $ 3,450,00 $ 3,082.00 4. Install 12" C900 Storm Drain Pipe ( ) SUB TOTAL $ 6,532.00 STREET/POWER 1. 2- 1/2 "AC Pavement over 6" Agg. Base (SF) $ 1.98 12900 $ 25,542.00 2. Construct low -profile mountable curb (LF) $ 8.00 $ 1,000.00 1150 1 $ 9,200.00 $ - $ 1,000.00 3. Provide City Standard Sidewalks (SF) 4. Provide Construction Water (LS) 5. Furnish & Install Utility Trenching/Conds. (LF) $ 29.00 $ 2,100.00 1050 2 $ 30,450.00 $ 4,200.00 6. Provide PPL 644 Elec Vaults. (Ea) 7. Concrete Hydrant Pads $ 375.00 2 $ 750.00 8. Signs: (1) Street Sign (8) No Parking /Fire Lane (Ea) $ 230.00 $ 1,800.00 $ 900.00 9 1 1 $ 2,070.00 $ 1,800.00 $ 900.00 9. Patch & Flaggers Hot Tap. (LS) 10. Geotechnical SewerlWater TrenchL(..) SUB TOTAL $ 75,912.00 TOTAL $ 168 629.00 PER LOT $ 15,862.90 �S(Luke_S t. -o. eooc. klo WiHOBt Exhibit B Page 4 of 4 Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ FINDINGS & DECISION FILE NUMBER: TP -09-1010 APPLICANT/OWNER: APPLICANT'S ENGINEER: REQUEST: STAFF CONTACT: John Lietz Arrowood Tetherow, LLC C250 NW Franklin Avenue, Suite 203 Bend, OR 97701 Keith D'Agostino D'Agostino Parker LLC 231 Scalehouse Loop, Suite 203 Bend, OR 97702 The applicant is requesting Tentative Plat (TP) approval to create 56 residential lots, 3 common area tracts, and 3 road tracts as part of the Tetherow (formerly Cascade Highlands) Destination Resort (CU -04-94, M-05-2). Anthony Raguine, Senior Planner I. APPLICABLE CRITERIA: Tetherow Destination Resort Approvals, as outlined in County File Nos. CU -04-94 and M-05-2. Title 17 of the Deschutes County Code, Subdivision Ordinance Chapter 17.16, Approval of Subdivision Tentative Plans and Master Development Plans Sections 17.16.080, .100, .105 Chapter 17.20, Zero Lot Line Subdivision Section 17.20.010 Chapter 17.36, Design Standards Sections 17.3620, .080, .120, .140, .150, .160, .170, .180, .190, .200, .210, .220, .230, .250, .260, .270, .280, .300 Chapter 17,44, Park Development Chapter 17.48, Design and Construction Specifications Sections 17.48.160, .180 Quality Services Performed with Pride c,L,.,--e-c Co _ or., Ra, 2-0It-06g Exhibit C Page 1 of 24 Title 19 of the Deschutes County Code, Bend Urban Growth Boundary Zoning Ordinance Chapter 19.12, Urban Area Reserve — UAR Section 19.12.030 11. FINDINGS OF FACT: A. LOCATION: The subject property is identified on County Assessor tax map 18-11-12, as tax lot 1800. It is also identified as Development Tract AE on the Tetherow Phase I plat. B. ZONING: The subject property is zoned Urban Area Reserve (UAR10), within a Destination Resort (DR) overlay. C. REQUEST: The applicant is requesting Tentative Plat (TP) approval to create 56 residential lots, 3 common area tracts, and 3 road tracts as part of the Tetherow (formerly Cascade Highlands) Destination Resort (CU -04-94, M-05-2). The subdivision would accommodate future townhome construction in duplex building configurations with a "zero" lot line between adjoining buildings. D. LOT OF RECORD: The subject property was platted as Development Tract AE under county file number TP -06-973. E. SITE DESCRIPTION: The subject property is an 11.9 -acre tract located on a mild, northerly sloping hillside in the southerly portion of the resort. Itlieswithin an area that was burned in the Awbrey Hall fire of 1990, and as a result is devoid of mature trees. The vegetation on-site consists of bitterbrush, Manzanita, sage, and grasses. Some exposed basaltic -volcanic rock exists along the southern boundary of the property. F. SURROUNDING USES: The property is bordered to the east by Meeks Trail and undeveloped resort Tracts AG and AH; the Tetherow golf course to the north and west; and undeveloped resort Tract AC to the south. G. PROCEDURAL HISTORY: The Tetherow (formerly Cascade Highlands) Destination Resort has received the following approvals: Conceptual Master Plan (CU -04-94), Final Master Plan (M-05-2), Partition (MP -06-1), Tentative Plat (TP -06-973), Golf Course (SP -06-37), Golf Course Clubhouse (SP -07-2), Overnight Accommodations (CU -07-11, SP -07-6, TP -07-990), Modification of Overnight Accommodations approval (MC -08-6), Park and Recreation Center (SP -09-12), and Modification of Golt Course approval (MC -09-2). All of the above -referenced approvals are incorporated herein by reference. H. AGENCY RESPONSES: The Planning Division mailed notice of the proposed land use to numerous affected agencies and received the following comments. Deschutes County Environmental Health Division. The site is connected to City of Bend sewer. TP -09-1010, Arrowood Tetherow, LLC Page 2 Exhibit C Page 2 of 24 Deschutes. County Property Address Coordinator. Any and all new proposed road names must be reviewed and approved by the Property Address Coordinator. Deschutes County Road Department. The applicant is to meet the following conditions if this land use application is approved. 1. Road design and construction shall be in accordance with CMP Exhibit V and DCC #17.48.180, "Private Roads" and Table "A", DCC, private roads. 2. Construction plans for all required road improvements shall be approved by the County Road Department prior to commencement of any construction in accordance with DCC 17.48.060. 3. Roads and bike paths shall be surveyed and staked in accordance with DCC 17.48.200. 4. The applicant shall construct all improvements under the inspection and approval of the Deschutes County Road Department Director. The Director may accept certification of improvements by a professional engineer consistent with ORS 92.097. 5. All easements of record or existing right-of-ways shall be shown on the final plat. Deschutes County Senior Transportation Planner, Peter, Russell. 1 have reviewed the traffic letter submitted by Kittelson regarding the 56 townhomes proposed for Tract AE in the Tetherow resort (TP -09-1010) which is located at 18-11-12, TL 1800. I agree with the study's overall conclusions. The number of trips falls within the overall amount allowed under previous transportation analysis done for the master plan of the site. The traffic memo does make a significant change, however, to the base assumption regarding the type of multi -family use, which is explained below. The study also contains verbiage regarding lower trip generation rates for recreational homes at Black Butte and Eagle Crest, suggesting such lower rates might also apply to Tetherow. I disagree given those sites are in isolated rural areas whereas Tetherow abuts the largest city in the eastern two-thirds of the state. Tetherow's trip generation traits would be more, like a standard urban household. It is appropriate to use the national ITE rate as they have done rather than the lower rate for Black Butte and Eagle Crest, which was based on one study. The traffic letter at Table 3 states the original Westside Consortium used apartment for the multi -family as the trip generation rate, but the current site plan instead uses condo/townhome, which the study points out has a lower trip generation rate. No further explanation for this change was provided. It would be preferable to keep the same land use and trip generation assumptions constant as much as possible through the life of this multi -phased project. Since the [Development Agreement with the] Westside Consortium was signed in June 2000, Deschutes County has adopted a countywide transportation system development charge (SDC) with BOCC Resolution 2008-059. The rate is phased with SDC's assessed prior to July 1, 2009, set at 85% of the full rate. The full SDC for a townhome is $1,845 per unit. The phased amount is $1,845 * 0.85 = $1,568. Therefore the transportation SDC for condo/townhome would be 56 units " $1,568 = $87,808. TP -09-1010, Arrowood Tetherow, LLC Page 3 Exhibit C Page 3 of 24 If the original land use assumptions were retained, the SDC would be as follows. The full transportation SDC rate for apartments is $2,200 per unit. The reduced rate would be $2,200 * 0.85 = $1,870 per unit. This results in a transportation SDC of 56 units * $1,870 = $104,720. Please let me know if you have any questions. Thank you. [APPLICANT RESPONSE: On June 19, 2009, the applicant submitted a memo from Kittleson and Associates, Inc. explaining the change from apartments to townhomes. The original traffic study assumed a certain number of apartment units within the resort. According to the ITE Manual, apartments are individual units which are collectively -owned and townhomes are units which are individually -owned. Because the applicant proposes townhomes with individual unit ownership, the lower trip generation rate for townhomes versus apartments was used.] [STAFF COMMENT: Mr. Russell has reviewed the memo and agrees with the conclusions.] Bend Fire Department Fire Safety During Construction - 2007 IFC Chapter 14 Approved fire department access roads, required water supply, fire hydrants, and safety precautions shall be made available as soon as combustible materials arrive on site. Water Supply - 2007 Oregon IFC Appendix B The required water supply for fire suppression for this building shall be 1000 gallons per minute at 20 psi residual pressure. This flow requirement is based on Type V -B building construction not to exceed 3600 square feet for R-3 one- and two-family dwellings. The construction of one -and two-family dwellings in excess of 3600 square feet will require approval of water supply for fire suppression by the Bend Fire Department. Fire Hydrants — 2007 Oregon IFC Section 508.5 and Appendix C The minimum amount of fire hydrants needed on this site shall be 1 spaced no more than 600 feet from the most remote portion of the building measured by an approved fire access route around the exterior of the facility or building, fire, hydrants shall be provided where required by the fire code official. No fire hydrant locations were provided on the plans submitted. Provide to the Bend Fire Department a full size set of civil drawings to approve the fire hydrant quantities and locations. Obstruction & Protection of Fire Hydrant — 2007 Oregon IFC 508.5.4 through 508.5.6 A 3 -foot clear space shall be maintained around the circumference of fire hydrants. When exposed to vehicular damage, concrete curbing, sidewalks, or 4 -inch concrete filled bollards placed 3 feet from hydrants shall suitably protect fire hydrants. Hydrants shall be coated with approved red paint color and markings. Street or Road Signs - 2007 Oregon IFC 505.2 Streets and roads shall be identified with approved signs. Signs shall be of an approved size and weather resistive construction. TP -09-1010, Arrowood Tetherow, LLC Page 4 Exhibit C Page 4 of 24 Fire Lanes - 2007 Oregon IFC 503.3 Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible condition at all times. Fire lane curbs shall be painted bright red with white letters. The stroke shall be 1 inch with letters 6 inches high to read "No Parking Fire Lane'. Spacing for signage shall be every 50 feet. The width of the proposed roads requires fire lane parking restrictions. Provide to the Bend Fire Department a full size civil drawing showing the location of no parking signage. Fire Apparatus Access Roads (General) - 2007 Oregon IFC Section 503 and Appendix D Fire apparatus access roads shall be placed within 150 of all exterior walls of the first floor of all buildings. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet designed with an approved driving surface to support the imposed GVW of 60,000 lbs, and a vertical clearance of not less than 13 feet 6 inches. Turning radius shall not be less than 45 feet and gradient shall not exceed 12 percent unless the authorities having jurisdiction approve a variance. Dead-end access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. A cul-de-sac, hammerhead or other means for the turning around of fire apparatus may be approved. Additional Comments: Developments of one- and two-family dwellings where the number of units exceeds 30 shall be provided with separate and approved fire apparatus roads, and shall meet the requirements of section D104.3. D104.3 Remoteness. Where two access roads are required, they shall be placed a distance equal to not less than one half of the length of the maximum overall diagonal or area to be served, measured in a straight line between accesses. The proposed access points do not appear to meet the requirements of D104.3. After reviewing the full-size set of drawings, the Bend Fire Department provided the following comments. I was able to speak with Keith Dagostino about the fire department comments for TP091010. The proposed plan appears to comply with the fire apparatus access and water supply requirements of the 2007 Oregon Fire Code for this application. Thanks for your assistance with the fire code issues. If you would like to further discuss or have any questions related to this application let me know. The following agencies also submitted a response of No Comment or did not respond to the notice: Deschutes County Assessor, Deschutes County Building Division, City of Bend Planning Department, City of Bend Public Works Department, Bend Metro Park and Recreation District, US Fish and Wildlife, and US Forest Service. G. The Planning Division sent notice of the application for the proposed subdivision to all property owners within 250 feet of the subject site. The applicant has also complied with the posted notice requirements of Section 22.23.030(B) of Title 22. The applicant TP -09-1010, Arrowood Tetherow, LLC Page 5 Exhibit C Page 5 of 24 has submitted a Land Use Action Sign Affidavit dated June 9, 2009, stating that the sign was posted on June 8, 2009. The following comment was received. Richard Ray. I recommend the following condition of approval for Tentative Plan TP091010: Construction (or at least occupancy) of the proposed town homes cannot begin until the contractual obligations of the Public Facility Improvement Agreement (re: Addendum to License and Sewer Service Agreement) between the City of Bend and Arrowood Development or its successor in place for Metolius Drive are met. Why: The above mentioned agreement requires the developer Arrowood or its successor to improve Metolius Drive (as it passes through the Broken Top PUD) up to city Collector standards. Until this is done Metolius Drive remains gated and cannot be used for public access into the Tetherow Destination Resort. The signed contract requires the developer to complete these improvements on or before June 5th 2009. At this time these improvements have not been put in place. Building more units without one of three public access points to the resort completed invalidates the traffic study as Meeks Trail connects to Metolius Drive just west of the barrier. Thank you for your consideration. (STAFF COMMENT (Mr. Russell): I believe the applicant needs to redo their traffic study as the circulation patterns assumed originally cannot happen. In order to assess the adequacy of the transportation system to service the site, the traffic study must reflect either existing road systems or funded future improvements. Metolius has not been opened to through traffic between Mt. Washington and Skyline Ranch road so I feel it is inappropriate to base a traffic analysis on vehicles being able to travel that link. If that link is not available, traffic needs to be redistributed and the affected intersections reanalyzed to see if they meet the required performance standards. I have reviewed the Sept. 2004 TIA for Tetherow, which assumed Metolius Drive would be open, to provide a sense of scale. The current application, TP -09-1010, is relying on that 2004 work as part of their submittal. At figure, 5 the 2004 TIA indicated the site -generated traffic would include 240 turning vehicles at Metolius/Mt. Washington (65 NB left in, 75 SB right in, 50 EB left out and 50 EB right out) and 25 turning vehicles (5 SB left in, 10 NB right in, 5 WB left out, and 5 WB right) at Metolius/Skyline Ranch Road. There were also 55 through vehicles. In Figure 6 the 2020 p.m. peak at Mt. Washington/Metolius has 560 turning vehicles (215 NB left in, 95 SB right in, 95 EB left out, 155 EB right out) and at Metolius/Skyline Ranch Road the turning volumes were 205 vehicles (65 SB left in, 15 NB right in, 115 WB left out, and 10 WB right out). There were also 110 through vehicles. Based on the above, you can see Metolius provides a vital function to reach the site from the east. Without an open Metolius, traffic will have to use Skyline Ranch Road to access the site from the west, which will Toad traffic onto Century Drive to the south and Skyliners Road to the north.] TP -09-1010, Arrowood Tetherow, LLC Page 6 Exhibit C Page 6 of 24 [APPLICANT RESPONSE: On June 30, 2009, the applicant submitted a memo from Kittleson which analyzes the redistribution of traffic without Metolius Drive. The memo concluded that even without Metolius Drive, the Skyline Ranch Road/Skyliners Road and Skyline Ranch Road/Century Drive intersections would continue to operate at acceptable levels of service.] [STAFF COMMENT: Mr. Russell reviewed the memo and agrees with the conclusions.] li. REVIEW PERIOD: This application was submitted on May 18, 2009. It was deemed complete and formally accepted for review on June 17, 2009. The 150th day on which the County must take final action on this application is November 13, 2009. III. CONCLUSIONARY FINDINGS: A. Conformance with the approved Final MasterPlan (M-05-2). FINDING: The proposed lots are located in an area approved for such development in the Final Master Plan. The findings for each applicable Final Master Plan condition of approval are as follows: 2. All development in the resort shall require tentative plat approval through Title 17 of the County Code, the County Subdivision/Partition Ordinance, and/or Site Plan Review through Title 19 of the County Code, the Bend Urban Growth Boundary Ordinance. FINDING: The applicant requests Tentative Plat approval to create 56 residential lots, 3 common area tracts, and 3 road tracts. This condition would be met. 3. As specified by the County Road Department in the FMP Decision (M-05-2): a. Road improvement plans shall be approved by the Road Department prior to construction. b. Lots within the resort shall not have direct access from Skyline Ranch Road or Metolius Drive. e. The internal road system shall be improved to standards consistent with the approved Vehicle and Pedestrian Access Plan for private roads. FINDING: Based upon the tentative plat, all lots would be accessed via private roads, with no direct access from Skyline Ranch Road or Metolius Drive. Staff has added a condition of approval to ensure compliance with 3a and 3e above. 4. All portions of the proposed resort must be managed and operated in an integrated manner. Failure to comply with this standard would void resort approval. FINDING: As proposed, the internal road system would provide adequate circulation within the subdivision and adequate access to the remainder of the resort via Meeks Trail (private resort road). All private roads would be maintained by the established Tetherow Owners Association. As noted in the Sewerlwater Agreement submitted with the FMP, water and sewer infrastructure would be provided throughout the resort. To date, the applicant has TP -09-1010, Arrowood Tetherow, LLC Page 7 Exhibit C Page 7 of 24 received approval for the golf course, clubhouse, overnight accommodations, and community park. Staff finds the applicant is proceeding in a manner which would ensure that the resort is managed and operated in an integrated manner. 5. During all phases of the development, the developer and/or its successors in interest shall ensure that individually -owned residential units shall not exceed two such units for each unit of visitor -oriented overnight lodging. Individually -owned units shall be considered visitor - oriented lodging if they are available for overnight rental use by the general public for at least 45 weeks per calendar year through one or more central reservation and check-in service(s). FINDING: The required ratio of 2:1 individually owned residential units to visitor oriented lodging, and the availability of the visitor oriented lodging for 45 weeks is ensured through CMP, FMP and TP conditions of approval. As discussed in the CMP process, the applicant plans to construct 589 individually owned residential units and 300 visitor oriented lodging units, resulting in a ratio of 1.96 individually owned units to visitor oriented lodging. At this time, 198 overnight accommodations have been approved (CU -07-11, SP -07-6, TP -07-990, MC -08-6), with the, applicant financially assuring all 198 units (IA -07-6, IA -08-5). The 198 approved and financially -assured overnight accommodation units would allow the resort to plat up to 396 individually -owned residential units. Currently, 302 individually -owned residential units have been platted. if this application is approved, the total would increase to 358, leaving 38 individually -owned residential units that can be platted. This criterion would be met. 10. All single-family dwellings, multi -family units, commercial structures, and other resort facilities are exempted from the requirements of meeting the solar setback standards. FINDING: A condition of approval has been added exempting the proposed townhomes from the solar setback standards. 12. All development within the proposed resort shall meet all fire protection requirements of the Bend Fire Department. FINDING: The Bend Fire Department has reviewed the tentative plan and submitted the comments noted above. Staff has added a condition of approval to ensure compliance with all the fire protection requirements of the Bend Fire Department. 13. No development shall be allowed on slopes of 25% or more on the site. FINDING: As shown on the submitted plans, no development is proposed on slopes of more than 25%. 15. Proposed drywelis shall be approved by the Department of Environmental Quality (DEQ). FINDING: No drywelis are proposed as part of this development. 16. Building heights and setbacks shall conform to the limits set forth in this decision and shall be incorporated into the Design Guidelines for the resort. TP -09-101Q, Arrowood Tetherow, LLC Page 8 Exhibit C Page 8 of 24 FINDING: Staff has added a condition of approval requiring all proposed residential units to comply with the Dimensional Standards approved with the CMP & FMP. This criterion would be met. B. Conformance with the approved Tentative Plat (TP -06-973). FINDING: The proposed subdivision would be located within Development Tract AE, which was platted subsequent to TP -06-973 approval. The findings for each applicable condition of approval for TP -06-973 are as follows: 11. Exterior lighting shall comply with Deschutes County Lighting Ordinance and would be checked during site plan and/or building permit review. FINDING: No building plans were submitted as part of this tentative plat request. A condition of approval has been added to ensure compliance. 12. Prior to final plat or site plan approval, the applicant shall submit a timeline for completion of ODF&W wildlife impact mitigation recommendations. The Year 1 reporting date, as required in Mitigation Measure #15 in the approval Wildlife Evaluation (June 29, 2005), shall be due December 31, 2006. Annual reporting to Deschutes County and ODFW shall continue thereafter. FINDING: The record includes a memorandum documenting wildlife mitigation progress for calendar years 2007 and 2008. This memorandum was submitted on March 31, 2009 to both the county and ODF&W. l3. The applicant shall track and report to Deschutes County and Oregon Department of Fish and Wildlife (ODFW), the $17,000 mitigation fee and $3,000 annual maintenance fee as required by the Wildlife Evaluation. The tracking and reporting method shall be approved by Deschutes County and ODFW prior to Final Plat Approval for the first phase. FINDING: Per Cascade Highlands Final Wildlife Evaluation (June 23, 2009), the resort developer shall provide the $17,000 mitigation fee. The applicant states that no written request from ODFW and/or U.S. Forest Service (USFS) for the $17,000 mitigation fee has been made. The Evaluation also requires that a $3,000 annual maintenance fee be created and maintained by Cascade Highlands, or any person or entity to which its obligation has been assigned (such as an HOA). This annual maintenance fee is required to begin within six months of the installation of any gates within the adjacent Tumalo Mule Deer Winter Range. No comments were received from ODFW or USFS regarding the construction of any gates within the Tumalo Mule Deer Winter Range, and the need to initiate the $3,000 annual maintenance fee. 23. Construction related traffic shall not be routed through the segment of Metolius Drive through the Broken Top PUD until such time as the road is accepted by the City of Bend as a public road. This condition of approval shall be included in CC&Rs for the development. FINDING: A gate across Metolius Drive at the border between Tetherow and the Broken Top PUD prevents through traffic along Metolius Drive. The resort developer has entered into an Improvement Agreement with the City of Bend regarding the improvement of Metolius Drive to TP -09-1010, Arrowood Tetherow, LLC Page 9 Exhibit C Page 9 of 24 City of Bend standards and the associated opening of Metolius Drive to through traffic. At this time, although the City of Bend has accepted the section of Metolius Drive through the Broken Top PUD as a public road, the resort developer has yet to satisfy the physical improvement requirements to Metolius Drive. The terms of the Tetherow/City of Bend improvement Agreement require the gate to remain in place until the physical improvements are completed. Staff finds that the County has no authority over the Tetherow/City of Bend Improvement Agreement. For the purposes of this review, staff assumes that Metolius Drive is not open to through traffic. TITLE 17 OF THE DESCHUTES COUNTY CODE, SUBDIVISIONS: A. Chapter 17.16, Approval of Subdivision Tentative Plans 1. Section 17.16.080. Tentative Plan as a Master Plan. A. As an alternative to the filing of a master plan for phased development, the applicant may file a tentative plan for the entire development. The plan must comply with the provisions of DCC Title 17 for tentative pians. B. If the applicant proposed to phase development, he shall provide sufficient information regarding the overall development plan and phasing sequence when submitting the tentative plan. C. If the tentative plan is approved with phasing, the final plat for each phase shall be filed in accordance with DCC 17.24.020 through 17.24.110. FINDING: The submitted tentative plan delineates the sequence of proposed phasing as follows: Phase Residential Lots Number of Lots 1 1-14, 41-46 20 II 15-24, 47.48 12 111 35-40, 49-56 14 IV 25-34 10 A condition of approval has been added to ensure compliance with criterion 'C' above. These criteria would be met. 2. Section 17.16.100. Required findings for approval. .4 tentative plan for a proposed subdivision shall not be approved unless the Planning Director or Hearings Body finds that the subdivision as proposed or modified would meet the requirements of this title and Titles 18 through 21 of this code and is in compliance with the comprehensive plan. Such findings shall include, but not be limited to, the following: A. The subdivision contributes to the orderly development and land use patterns in the area, and provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, agricultural and forest lands and other natural resources. TP -09-1010, Arrowood Tetherow, LLC Page 10 Exhibit C Page 10 of 24 FINDING: Compliance with Titles 17 and 19 of the Deschutes County Code is addressed in findings below. The requirements of the Comprehensive Plan are codified within the Zoning Ordinance. Because no change to the Comprehensive Plan is sought by this application, conformance with Chapters 17 and 19 establishes conformance with the Comprehensive Plan. In addition, the proposed subdivision is in conformance with the CMP and FMP approvals for the Tetherow Destination Resort, as discussed in foregoing findings. Previous CMP, FMP, SP, and TP approvals for the Tetherow Destination Resort demonstrated general compliance with the criteria for orderly development and land use patterns of the area. The resort has been designed and approved in accordance with County criteria for destination resorts. The provision of access, water, sewer and utilities was analyzed and addressed through the CMP and FMP approval process to ensure they would be provided in an orderly fashion to accommodate the uses within the resort. These approvals also ensure public pedestrian, vehicle, and bicycle access through the resort. The Hearings Officer decision in A-05-10 (appeal of the FMP) noted that there were few natural features on-site, and that the approved CMP and conditions would be sufficient to protect those natural features or minimize impacts to them. The previous CMP, FMP, SP, and TP approvals, together with the proposed application, would ensure that over 50 percent of the site would remain as open space, with recreational trails and amenities to serve the resort residents. The proposed subdivision would create 56 residential lots, all of which would be used for zero lot line buildings. The subdivision would contribute to orderly development by providing open space and landscaped common area, shared guest parking, efficient drainage, utility facilities, and convenient access to the planned core resort facilities such as the hotel, clubhouse, and golf course to the west. The 11.9 -acre site would be accessed by private loop roads which would connect to Meeks Trail (main private road providing access to the southern portion of the resort). As shown on the tentative plans, exposed rock formations exist along the southerly boundary of the proposed subdivision. The plans indicate that these exposed rock formations would be preserved by locating them within a common area tract. Additionally, the plan proposes to locate private road 'C', and all lot and utility development around the rock formations. Staff finds this criterion would be met. B. The subdivision would not create excessive demand on public facilities, services and utilities required to serve the development. FINDING: The impacts from the proposed residential uses were contemplated and analyzed at the time of the CMP and FMP approvals. At that time, the applicant's predecessor negotiated with the City of Bend and Deschutes County to mitigate the potential impacts the development would have to City sewer and water, and City and County street systems serving the development. Public facilities for the resort would be sized accordingly, allowing the proposed subdivision to be developed without excessive demand on existing or future service capacities. The plans submitted in the CMP and FMP approval process depict the locations of all sewer (Exhibit A-9, FMP), water (Exhibit A-8, FMP), storm drainage (GMP Erosion Control Plan), and power infrastructure (Exhibit A-7, FMP). Additionally, the project would be served by City of Bend water and sewer pursuant to the Water/Sewer Agreement between the applicant's predecessor and the City of Bend. TP -09-1010, Arrowood Tetherow, LLC Page 11 Exhibit C Page 11 of 24 The Westside Consortium Development Agreement (County Ordinance No. 2000-034 and City Ordinance No. NS -1757, incorporated by reference herein) between the applicant's predecessor, the City, and the County ensure that the transportation system is adequate to handle impacts from the resort development and that the resort adequately mitigates its impacts to the transportation system. As noted in the comments above, The Planning Division's Senior Transportation Planner has reviewed the traffic analysis and subsequent memorandums prepared by Kittleson & Associates, Inc. and concurred with the conclusion that the proposal would not cause any impacted intersection to function below allowable limits even with Metolius Drive closed to through traffic. Staff finds this criterion would be met. C. The tentative plan for the proposed subdivision meets the requirements of Oregon Revised Statutes Section 92.090. FINDING: The requirements of ORS 92.090 have been codified into the County Code in Title 17. Thus, conformance with Title 17 would establish compliance with ORS 92.090. D. For subdivision or portions thereof proposed within a Surface Mining Impact Area.. FINDING: The subject property is not within a surface mining impact area. This criterion is not applicable. E. The subdivision name has been approved by the County Surveyor FINDING: A condition of approval has been added to ensure subdivision name approval by the County Surveyor. 2. Section 17.16.105. Access to Subdivisions. No proposed subdivision shall be approved unless it would be accessed by roads constructed to County standards and by roads accepted for maintenance responsibility by a unit of focal or state government. This standard is met if the subdivision would have direct access town improved collector or arterial, or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant County standards and has been accepted for maintenance purposes. FINDING: The applicant proposes access to the subdivision via Skyline Ranch Road, a county collector road, Meeks Trail, a private road within the resort, and private internal subdivision roads. Meeks Trail has already been constructed. The construction of the private internal subdivision roads would be required to meet the standards detailed in the Vehicle and Pedestrian Access Plan approved by the Road Department with the CMP and FMP. These private roads would be maintained by the applicant/owner or Homeowners Association. Staff believes the intent of this criterion would be met. TP -09-1010, Arrowood Tetherow, LLC Page 12 Exhibit C Page 12 of 24 B. Chapter 17.20, Zero Lot Subdivision. 1. Section 17.20.010. Requirements. in addition to the general provisions for subdivision and partitioning set forth in DCC Title 17, any application for a zero lot line subdivision or partition shall meet the following requirements; A. The tentative plan shall indicate all lot divisions, including those along the common wall of duplex units. FINDING: The submitted tentative plan (Sheet TP4.0) shows all lot divisions, including those along the common wall of the proposed duplex units. This criterion would be met. B. Independent utility service shall be provided to each unit, including, but not limited to, water, electricity and natural gas, unless common utilities are approved by the affected utility agency and are adequately covered by easements. FINDING: As shown on the submitted plan (Sheet TP4.0), the applicant proposes to provide independent utility service including sewer and water to each unit. Additionally, an existing common utility trench along Meeks Trail would provide power, gas, and telephone infrastructure to the subdivision. The applicant's Burden of Proof also indicates the intention to provide independent electricity and phone utilities to each lot. Staff finds this criterion would be met. C. Prior to the granting of final approval for creation of a zero lot line subdivision or partition, the Planning Director shall require the applicant(s) to enter into a written agreement in a form approved by the County Legal Counsel that establishes the rights, responsibilities and liabilities of the parties with respect to maintenance and use of any common areas of the unit, such as, but not limited to, common walls, roofing, water pipes and electrical wiring. Such agreement shall be in a form suitable for recording, and shall be binding upon the heirs, executors, administrators and assigns of the parties. FINDING: A condition of approval has been added to ensure compliance. D. Each zero lot line subdivision or partition proposal shall receive site plan approval prior to submission of the final plat. Site plan approval shall be granted only upon a finding that the design, materials and colors proposed for each dwelling are harmonious and do not detract from the general appearance of the neighborhood. FINDING: At this time, the applicant has not applied for site plan review. A condition of approval has been added requiring site plan review approval prior to submission of the Final Plat. C. Chapter 17.36, Design Standards. 1. Section 17.36.020. Streets. A. The location, width and grade of streets shall be considered in their TP -09-1010, Arrowood Tetherow, LLC Page 13 Exhibit C Page 13 of 24 relation to existing and planned streets, topographical conditions, public convenience and safety... FINDING: Design of the internal streets would be in accordance with the approved Vehicle and Pedestrian Access Plan, (Exhibit V, CMP). The approved Vehicle and Pedestrian Access Plan allows for private roads to be constructed at a minimum paved width of 20 feet. Additionally, the Plan allows the applicant to increase the paved width of some private roads to 28 feet to accommodate on -street parking on one side, in accordance with the fire protection entity requirements, The proposed street layout would allow convenient access from all parts of the subdivision to private roads which connect to Meeks Trail and the remainder of the resort. As proposed, Private Road 'A' would have a paved width of 28 feet and would accommodate on -street parking on one side. Private Road '6' and 'C' would have a paved width of 20 feet with no on - street parking. This criterion would be met. 8. Streets in subdivisions shall be dedicated to the public, unless located in a destination resort, planned community or planned or cluster development, where roads can be privately owned. Planned developments shall include public streets where necessary to accommodate present and future through traffic. FINDING: As allowed by this criterion, all roads constructed within a destination resort can be privately owned. All internal subdivision roads would be private. This criterion would be met. 2. Section 17.36.080. Future extension of streets. When necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision or partition. FINDING: The subject property is bounded to the northwest and west by the golf course, which requires no future extension of roads. The property is bounded to the east by Meeks Trail, with two proposed connections to Meeks Trail. To the south is Development Tract AC. According to the applicant, and as illustrated by the ground contours on Sheet TP2.0, steep terrain between Development Tract AC and the subject property would make any street connections between the two properties impractical. This criterion would be met. 3. Section 17.36.120. Street names. Except for extensions of existing streets, no street name shalt be used which will duplicate or be confused with the name of an existing street in a nearby city or in the County. Street names and numbers shall conform to the established pattern in the County and shall require approval from the County Property Address Coordinator. FINDING: A condition of approval has been added to ensure compliance. 4. Section 17.36.140. Bicycle, pedestrian and transit requirements. A. Pedestrian and Bicycle Circulation within Subdivision. TP -09-1010, Arrowood Tetherow, LLC Page 14 Exhibit C Page 14 of 24 1. The tentative plan for a proposed subdivision shall provide for bicycle and pedestrian routes, facilities and improvements within the subdivision and to nearby existing or planned neighborhood activity centers, such as schools, shopping areas and parks in a manner that will: a. Minimize such interference from automobile traffic that would discourage pedestrian or cycle travel for short trips; b. Provide a direct route of travel between destinations within the subdivision and existing or planned neighborhood activity centers, and c. Otherwise meet the needs of cyclists and pedestrians, considering the destination and length of trip. FINDING: The proposal includes a five -foot -wide paved path within the subdivision that would connect to the existing ten -foot -wide multi -use path along Meeks Trail. This connection would allow pedestrian and bicycle access to the remainder of the resort. This criterion would be met. 2. Subdivision Layout. a. Cul-de-sacs or dead-end streets shall be allowed only where, due to topographical or environmental constraints, the size and shape of the parcel, or a lack of through -street connections in the area, a street connection is determined by the Planning Director or Hearings Body to be infeasible or inappropriate. In such instances, where applicable and feasible, there shall be a bicycle and pedestrian connection connecting the ends of cul-de-sacs to streets or neighborhood activity centers on the opposite side of the block. FINDING: No cul-de-sacs or dead-end streets are proposed. b. Bicycle and pedestrian connections between streets shall be provided at mid block where the addition of a connection would reduce the walking or cycling distance to an existing or planned neighborhood activity center by 400 feet and by at least 50 percent over other available routes. FINDING: This criterion requires a bicycle and pedestrian connection between streets it the connection would reduce travel distance by 400 feet and by 50 percent over other routes. Based on staff's review of the subdivision and resort plans, although a bicycle and pedestrian connection between Private Road B and Meeks Trail, and a connection between Private Road B and Private Road C, would reduce cycling and walking distance to the golf course, clubhouse, and recreation center by over 400 feet, a connection would not reduce the route by at least 50 percent. For this reason, staff finds that no bicycle or pedestrian connection between streets would be required. Local roads shall align and connect with themselves across collectors and arterials. Connections to TP -09-1010, Arrowood Tetherow, LLC Page 15 Exhibit C Page 15 of 24 existing or planned streets and undeveloped properties shall be provided at no greater than 400 - foot intervals. d. Connections shall not be more than 400 feet long and shall be as straight as possible. FINDING: In the decision for TP -06-973 (page 24), the Hearings Officer found that criterion 'c' and 'd' did not apply. Similarly, staff finds that these criteria do not apply here. 3. Facilities and Improvements. a. Bikeways may be provided by either a separate paved path or an on -street bike lane, consistent with the requirements of DCC Title 17. b. Pedestrian access may be provided by sidewalks or a separate paved path, consistent with the requirements of DCG Title 17. FINDING: The applicant has proposed a five -foot -wide paved path which would connect to the ten -foot -wide multi -use path along Meeks Trail These criteria would be met. 5. Section 17.36.150. Blocks. A. General. The length, width and shape of blocks shall accommodate the need for adequate building site size, street width and direct travel routes for pedestrians and cyclists through the subdivision and to nearby neighborhood activity centers, and shall be compatible with the limitations of the topography. B. Size. Within an urban growth boundary, no block shall be longer than 1,200 feet between street centerlines. In blocks over 800 feet in length, there shall be a cross connection consistent with the provisions of DCC 17.36.140. FINDING: As depicted on the plans, the proposed length, width, and shape of blocks in the subdivision would accommodate the need for adequate building site size, street width, and direct travel routes. As noted above, a paved path would connect to the multi -use path along Meeks Trail, which would provide bicycle and pedestrian access to the core resort facilities. Staff finds that criterion 'A' would be met. The project site is not within an urban growth boundary. Criterion 'B' does not apply. 6. Section 17.36.160. Easements. A. Utility Easements. Easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, and to provide the subdivision or partition with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or drainage. Such easements shall be labeled "Public Utility Easement" on the tentative and final plat they shall be at least 12 feet in width and centered on lot lines where possible, except utility pole guyline easements along the rear of lots or TP -09-1010, Arrowood Tetherow, LLC Page 16 Exhibit C Page 16 of 24 parcels adjacent to unsubdivided land may be reduced to 10 feet in width. B Drainage. If a tract is traversed by a watercourse such as a drainageway, channel or stream, there shall be provided a stormwater easement or drainage right of way conforming substantially with the lines of the watercourse, or in such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses or drainageways may be required. FINDING: The applicant agrees to show and dedicate all required utility easements on the final plat. A condition of approval has been added to ensure compliance with criterion 'A'. The subject property is not traversed by a named watercourse. Criterion `B' does not apply. 7. Section 17.36.170. Lots size and shape. The size, width and orientation of lots or parcels shall be appropriate for the location of the land division and for the type of development and use contemplated, and shall be consistent with the lot or parcel size provisions of Titles 18 through 21.... FINDING: The size, width, and orientation of the lots are appropriate to the residential use contemplated, and meet the pertinent lot size requirements of the CMP and FMP approvals, and Chapters 17 and 19 of the County Code. This criterion would be met. 8. Section 17.36.180. Frontage. A. Each lot or parcel shall abut upon a public road, or when located in a planned development or cluster development, a private road, for at least 50 feet, except for lots or parcels fronting on the bulb of a cul de sac, then the minimum frontage shall be 30 feet, and except for partitions off of U.S. Forest Service or Bureau of Land Management roads. In the La Pine Neighborhood Planning Area Residential Center District, lot widths may be less than 50 feet in width, as specified in DCC 18.61, Table 2: La Pine Neighborhood Planning Area Zoning Standards. Road frontage standards in destination resorts shall be subject to review in the conceptual master plan. 8. All side lot lines shall be at right angles to street lines or radial to curved streets wherever practical. FINDING: The approved Dimensional Standards provide lot standards for single-family dwelling, multi -family dwelling, and commercial developments. No duplex standards are provided. Staff notes that the minimum lot width for both single- and multi -family developments is 20 feet. As proposed, each lot would meet this standard. As designed, all side lot lines would, to the maximum extent practicable, be at right angles to street lines or radial to curved portions of the private streets. These criteria would be met. TP -09-1010, Arrowood Tetherow, LLC Page 17 Exhibit C Page 17 of 24 9. Section 17.36.190. Through lots. Lots or parcels with double frontage should be avoided except where they are essential to provide separation of residential development from major street or adjacent nonresidential activities to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet in width and across which there shall be no right of access may be required along the lines of lots or parcels abutting such a traffic artery or other incompatible use. FINDING: As proposed, lots 25 through 33 have double frontage along Private Road 'B' and 'C'. According to the burden of proof, the steep topography in the area makes access to these lots from Private Road 'B' impractical. Therefore, double frontage was necessary to provide access to these lots from Private Road 'C'. Lots 34 through 40 have double frontage along Private Road 'B' and Meeks Trail. The applicant states that these double frontage lots were created in order to limit direct access onto Meeks Trail, the only access road within the southern portion of the resort, by providing lot access via Private Road 'B'. Staff agrees with the applicant's rationale and finds that this criterion would be met. 10. Section 1736.200. Corner lots. Within an urban growth boundary, corner lots or parcels shall be a minimum of five feet more in width than other lots or parcels, and also shall have sufficient extra width to meet the additional side yard requirements of the zoning district in which they are located. FINDING: The proposed development is not within an urban growth boundary. This provision does not apply. 11. Section 17.36.210. Solar access performance. FINDING: Pursuant to condition of approval #10 in the FMP decision (M-05-2), all single-family dwellings, multi -family units, commercial structures and resort facilities are exempted from solar setback standards. 12. Section 17.36.220. Underground facilities. Within an urban growth boundary, all permanent utility services... FINDING: The proposed development is not within an urban growth boundary. Although this provision does not apply, the applicant proposes to underground all new franchise utilities. 13. 17.36.230. Grading of building sites. Grading of building sites shall conform to the following standards, unless physical conditions demonstrate the property of other standards: A. Cut slope ratios shall not exceed one foot vertically to one and one half feet horizontally. TP -09-1010, Arrowood Tetherow, LLC Page 18 Exhibit C Page 18 of 24 B. Fill slope ratios shall not exceed one foot vertically to two feet horizontally. C. The composition of soil for fill and the characteristics of lots and parcels made usable by fill shall be suitable for the purpose intended. FINDING: The applicant indicates in the burden of proof that the tentative plan complies with the above -referenced criteria. Staff has added a condition of approval to ensure compliance. D. When filling or grading is contemplated by the subdivider, he shall submit plans showing existing and finished grades for the approval of the Community Development Director. In reviewing these plans, the Community Development Director shall consider the need for drainage and effect of filling on adjacent property. Grading shall be finished in such a manner as not to create steep banks or unsightly areas to adjacent property. FINDING: The pad elevations and finish floor elevations shown on the plans provide an accurate indication of potential grades for the building sites. The plans also show proposed drainage facilities for the management, conveyance, and disposal of runoff within the site. Based upon this information and a review of the plans, staff finds that proposed grading would not affect drainage on adjacent properties, or create steep banks or unsightly areas to adjacent properties. 14. Section 17.36.250. Lighting. Within an urban growth boundary, the subdivider shall provide underground wiring to the County standards, and a base for any proposed ornamental street lights at locations approved by the affected utility company. FINDING: The proposed development is not within an urban growth boundary. This provision does not apply. 15. Section 17.36.260. Fire Hazards. Whenever possible, a minimum of two points of access to the subdivision or partition shall be provided to provide assured access for emergency vehicles and ease resident evacuation. FINDING: As proposed, two points of access from Meeks Trail would be provided for the subdivision. This criterion would be met. 16. Section 17.36.270- Street tree planting. Street tree planting plans, if proposed, for a subdivision or partition, shall be submitted to the Planning Director and receive his approval before the planting is begun. FINDING: No street trees are proposed. This criterion does not apply. TP -09-1010, Arrowood Tetherow, LLC Page 19 Exhibit C Page 19 of 24 17. Section 17.36.280. Water and sewer lines. Where required by the applicable zoning ordinance, water and sewer lines shall be constructed to County and City standards and specifications. Required water mains and service lines shall be installed prior to the curbing and paving of new streets in all new subdivisions or partitions. FINDING: As documented in the CMP approval decision, the applicant's predecessors have executed a Water/Sewer Agreement with the City of Bend to provide water and sanitary sewer service to the resort. The Preliminary Water and Sewer Plan depicts the preliminary design for the extension of said systems to the subdivision. The applicant indicates that they will work with the City of Bend on final design in accordance with the Agreement. A condition of approval has been added requiring the applicant to extend water and sewer lines to the boundary of each lot prior to Final Plat Approval. Water and sewer lines shall be installed pursuant to City specifications. 18. Section 17.36.300, Public water system. In any subdivision or partition where a public water system is required or proposed, plans for the water system shall be submitted and approved by the appropriate state or federal agency. A community water system shall be required where lot or parcel sizes are less than one acre or where potable water sources are at depths greater than 500 feet, excepting land partitions. Except as provided for in sections 17.24.120 and 17.24.130, a required water system shall be constructed and operational, with lines extended to the lot line of each and every lot depicted in the proposed subdivision or partition plat, prior to final approval. FINDING: As documented in the CMP approval decision, the applicant's predecessors have executed a Water/Sewer Agreement with the City of Bend to provide water and sanitary sewer service to the resort. The Preliminary Water and Sewer Plan depicts the preliminary design for the extension of said systems to the subdivision. The applicant indicates that they will work with the City of Bend on final design in accordance with the Agreement. A condition of approval has been added requiring the applicant to extend water sewer lines to the boundary of each lot prior to Final Plat Approval. Water and sewer lines shall be installed pursuant to City specifications. C. Chapter 17.44, Park Development FINDING: As part of the planning for the destination resort, the applicant's predecessors in interest entered into a Memorandum of Understanding (MOU) with Bend Metro Park and Recreation District (BMPRD) to effect a land exchange resulting in a conveyance of the 14 -acre parcel currently owned by BMPRD adjacent to the eastern boundary of the resort for use as park and natural open space. The applicant's predecessors also donated $75,000 to BMPRD to defray the costs of constructing and installing park improvements. The park will include a 5 - acre improved park area and a 9 -acre natural open space area with a trail system and trail head parking. Pursuant to the MOU, the applicant's predecessor also donated $60,000 towards the purchase of additional land for the development of an additional neighborhood park within the TP -09.1010, Arrowood Tetherow, LLC Page 20 Exhibit C Page 20 of 24 First on the Hill subdivision. In addition to the above, the applicant has received approval for a community park under SP -09-12. The requirements of this chapter have been met. D. Chapter 17.48, Design and Construction Specifications 1. Section 17.48.160. Road Development Requirements — Standards. A. Subdivision Standards. All roads in new subdivisions shall either be constructed to a standard acceptable for inclusion in the county maintained system or the subdivision shall be part of a special road district or a homeowners association in a planned unit development FINDING: As noted above, the proposed private roads would be constructed to the standards approved in the Vehicle and Pedestrian Access Plan. The Tetherow Owners Association has been created which would be responsible for continuing private road maintenance- This criterion would be met. 2. Section 17.48.180. Private Roads. The following minimum road standards shall apply for private roads: A. The minimum paved roadway width shall be twenty-four feet in planned unit developments and cluster developments containing twenty or more residential units when separate paved bicycle/pedestrian ways are provided in such developments, the minimum paved roadway width shall be twenty-eight feet, including four -foot wide bike lanes, and two -foot wide gravel shoulders; FINDING: As approved in the CMP and FMP, private roads would be constructed to the standards detailed in the Vehicle and Pedestrian Access Plan. The Plan allows for private roads with a minimum paved width of 20 feet. Private Road 'A' is proposed to be 28 feet wide, with Private Road 'B' and 'C' proposed to be 20 feet wide. This criterion would be met. B. Minimum Radius of curvature, fifty feet; C. Maximum grade, 12 percent; FINDING: The applicant indicates that all proposed private roads would meet this criterion. A condition of approvalhas been added to ensure compliance. D. At least one road name sign would be provided at each intersection for each road. FINDING: The applicant agrees to provide signage as required by this criterion. A condition of approval has been added to ensure compliance. E. A method for continuing road maintenance acceptable to the County; FINDING: The Tetherow Owners Association has been created which would be responsible for continuing private road maintenance: This criterion has been met. TP -09-1010, Arrowood Tetherow, LLC Page 21 Exhibit C Page 21 of 24 F. Private road systems shall include provisions for bicycle and pedestrian traffic. Shoulder bike lanes shall be a minimum of 4 feet wide, paved and striped, with no on -street parking allowed within the bikeway. When private roads are developed to a width of less than 28 feet, bike paths constructed to County standards shall be required. FINDING: The proposed subdivision would include a five -foot -wide paved path which would connect to the existing ten -foot -wide multi -use path along Meeks Trail. This is consistent with the approval Vehicle and Pedestrian Access Plan. This criterion would be met. TITLE 19 OF THE DESCHUTES COUNTY CODE, URBAN AREA RESERVE. A. Chapter 19.12, Urban Area Reserve Zone — UAR10 1. Section 19.12.030. Conditional Uses. O. Destination resort, where mapped in the Bend Area General Plan destination resort map, subject to DCC 19.706. FINDING: The proposed subdivision is part of the Tetherow Destination Resort which received Conceptual Master Pian approval (CU -04-94) and Final Master Plan approval (M-05-2). The subject property is mapped as destination resort on the Bend Area General Plan destination resort map. This criterion would be met. IV. CONCLUSIONS: Other permits may be required. The applicant is responsible for obtaining any necessary permits from the Deschutes County Building Division, the Deschutes County Environmental Health Division and the Deschutes County Road Department, as well as any required state and federal permits. VI. DECISION: Approval, provided all the conditions of approval detailed below are met. V. CONDITIONS OF APPROVAL: 1. Approval is based upon the submitted plan. Any substantial change in the tentative plan shall require a new application. Road improvement plans shall be approved by the Road Department prior to construction. Road design shall be in accordance with DCC 17.48.180, "Private Roads" and Table "A", and as stated in the Vehicle and Pedestrian Access Plan approved with the Final Master Plan. 3. The solar setback standards do not apply to residential structures within the proposed subdivision. 4. The proposed subdivision shall comply with all Bend Fire Department requirements. TP -09-1010, Arrowood Tetherow, LLC Page 22. Exhibit C Page 22 of 24 5 All residential units within the proposed subdivision shall comply with the building height and setback criteria detailed in the approved Dimensional Standards. 6. All outdoor lighting within the subdivision shall comply with the Deschutes County Outdoor Lighting Control Ordinance (DCC 15.10). 7. The final plat for each phase shall be filedin accordance with DCC 17.24.020 through 17.24.110. 8. Prior to Final Plat approval, the applicant shall provide proof that the subdivision name has been approved by the County Surveyor. 9. Prior to Final Plat submittal, the applicant shall secure site plan approval for the zero lot line subdivision. 10. Except for extensions of existing streets, no street name shall be used which will duplicate or be contused with the name of an existing street in a nearby city or in the County. Street names and numbers shall conform to the established pattern in the County and shall require approval from the County Property Address Coordinator. 11. Utility easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, and to provide the subdivision or partition with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines or drainage. Such easements shall be labeled MPubtic Utility Easement on the tentative and final plat, they shall be at least. 12 feet in width and centered on lot lines where possible, except utility pole guyline easements along the rear of lots or parcels adjacent to unsubdivided land may be reduced to 10 feet in width. 12. All building site grading shall comply with the grading requirements detailed under DCC 17.36.230. 13. Prior to Final Plat approval, the applicant shall construct water and sewer lines to the boundary of each lot to City of Bend standards and specifications, as required by 'License and Water and Sewer Service Agreement between City of Bend and Cascade Highlands Limited Partnership'. .Required water mains and service lines shall be installed prior to the curbing and paving of new streets. 14. All proposed roads shall have a 50 -foot minimum radius of curvature and a maximum grade of 12 percent. 15. At least one road name sign shall be provided, at the intersection of each road. 16. The applicant shall construct all improvements under the inspection and approval of the Deschutes County Road Department Director. The Director may accept certification of improvements by a professional engineer consistent with ORS 92.097. 17. All easements of record or existing right-of-ways' shall be shown on the final plat. 18. The applicant shall have a licensed land surveyor prepare a subdivision plat for each phase which conforms to Oregon Revised Statutes Chapter 92 and Title 17 of the Deschutes County Code. The plat shall contain a statement of water right, and the TP -09-1010, Arrowood Tetherow, LLC Page 23 Exhibit C Page 23 of 24 certificate or permit number, if a water right or permit is appurtenant to the subdivision. The final plat shall include the exact lot sizes for each lot. 19. All ad valorem taxes, fees, and other charges that have become a lien on the property shall be paid. 20. The applicant shall comply with the requirements of the License and Water and Sewer Service Agreement with the City of Bend which, in part, requires the applicant to obtain necessary permits and pay associated fees in conjunction with the needed services. 21. Prior to Final Plat approval, the Planning Director shall require the applicant(s) to enter into a written agreement in a form approved by the County Legal Counsel that establishes the rights, responsibilities and liabilities of the parties with respect to maintenance and use of any common areas of the unit, such as, but not limited to, common walls, roofing, water pipes and electrical wiring. Such agreement shall be in a form suitable for recording, and shall be binding upon the heirs, executors, administrators and assigns of the parties. VII. DURATION OF APPROVAL: Pursuant to DCC 17.24.030, final plat approval of the first phase of this proposed subdivision shall be submitted within two (2) years of the date this decision becomes final. The final plats for any subsequent phase shall be filed within three (3) years of the recording date of the final plat for the first phase. The applicant may apply for an extension for any final plat under DCC 17.24 in the manner provided for in DCC 17.24.020(B). If the applicant fails to file a final plat, the tentative plan for those phases shall become null and void. DESCHUTES COUNTY PLANNING DIVISION Written by: Anthony Raguine, Senior Planner Reviewed by: Kevin M. Harrison, Principal Planner AJR/slb Dated this 6"'day of August, 2009 TP -09-1010, ArrowoodTetherow, LLC Mailed this 6th day of August, 2009 Page 24 Exhibit C Page 24 of 24