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HomeMy WebLinkAboutPermit Miscellaneous 2006-10-2 ..~-...~ \ loCO S .51-th PL ~ ((-r Q)\V7 \~~;'l Q)r u ...,.. PARK DONATION AND DEVELOPMENT AGREEMENT PARTIES: Willamalane Park & Recreation District 200 South Mill Street Springfield, OR 97477-7303 ("WPRD") Crossroads Development, LLC 2464 SW Glacier Place #120 Redmond, OR 97756 ("Crossroads") RECITALS: A. Whereas WPRD is a p'ark and recreation district formed under ORS Chapter 266, located in Springfield, Oregon. B. Crossroads is developing a subdivision known as Jasper Meadows near Springfield, Lane County, Oregon ("The Development"), more particularly described as parcel 1 of Land Partition Plat No. 99-P1279 filed August 17,1999. C. Crossroads intends to donate approximately 12.5 acres of The Development for use as a natural area park and neighborhood park. AGREEMENT: Now, therefore, in consideration of the foregoing and the mutual covenants contained herein, the Parties agree as follows: 1. Recitals Incorporated. The Recitals are incorporated herein by this reference. 2. Donation. Crossroads agrees to donate approximately 12.5 acres in The Development to WPRD. The approximate location of the acreage being donated is depicted in the attached Exhibit A and includes: (a) the Neighborhood Park; (b) the North Wetland Natural Resource Area; and (c) the South Wetland Natural Resource Area. 3. Wetland Mitigation and Monitoring. Crossroads will continue to fulfill all wetland mitigation and monitoring obligations, even after the North and South Wetland Natural Resource Areas' are deeded to WPRD. WPRD will cooperate with Crossroads to enable Crossroads to fulfill its continuing wetland mitigation and monitoring obligations. Jasper Meadows Donation Agreement - 1 092206 GH ..J .. ,t' ' \ ~:\/:~7 ({~J "'i j ~ ;.;"~,; ,. \ ~ -~I<: 4. Stormwater Management and Bio-swales. WPRD agrees to be responsible for landscape maintenance of detention basins, bio-swales, and other stormwater management facilities on the park properties. However, WPRD accepts no responsibility for the functional maintenance and operation of detention basins, bio-swales, or other stormwater management facilities. Crossroads or the City will indemnify, defend and hold WPRD, its directors, officers, employees, agents and attorneys, harmless from any and all claims, demands, costs, liability, judgments, losses or damages, including environmental liability under State and Federal law, which may be made against WPRD or to which WPRD may suffer as a result of Crossroad's or City's actions or omissions regarding such features. 5. Public Improvements Fronting the Park Parcels. Crossroads agrees to install public improvements as required by the City of Springfield. WPRD agrees to reimburse Crossroads its actual cost of installing sidewalks and street trees along the portions of the Neighborhood Park, and the North and South Wetland Natural Resource Areas that border streets within the Development. 6. Park Naming Policy. WPRD will name the parkes) pursuant to its policies. Crossroads is invited to submit names for the parkes) for consideration by the WPRD Board of Directors. 7. Park Improvements.. WPRD agrees to construct neighborhood park improvements and a wetland trail system consistent with the park improvements that are conceptually described and depicted in the August 2004 Master Plan for Future Development-Jasper Meadows. The neighborhood park improvements wW include a childrens' play structure, pathways and seating, and may include a small basketball court. WilIamalane will consult with Crossroads in developing designs for the park improvements, and will not unreasonably reject Crossroads' suggestions regarding the designs. 8. Property Transfer Timing. Crossroads agrees to provide WPRD with a warranty deed for the North Wetland Natural Resource Area and the Neighborhood Park at the time of filing the final plat for Master Plan Phase 6 of the Development, which shall be no later than December 31, 2007. (Master Plan Phase 6 corresponds to Jasper Meadows Subdivision "5th Addition".) Crossroads agrees to provide WPRD with a warranty deed for the South Wetland Natural Resource Area at the time of filing the final plat for Master Plan Phase 8 of the DevelvpUlent, which shall be no later than December 31,2009. 9. General Provisions. a. Attorney Fees. In the event any controversy or claim arises under this Agreement, the prevailing party shall be entitled to its reasonable costs, disbursements, and attorney's fees, together with all expenses that it may reasonably incur in taking such action, including, but not limited to, costs incurred in searching records, expert witness and consulting fees, discovery, depositions (whether or not introduced into evidence in the trial, hearings or further proceedings) and travel expenses in any arbitration, trial or other proceedings, including any proceeding brought to enforce an award to judgment and any and all appeals taken there from. Jasper Meadows Donation Agreement - 2 092206 GH .--! VI'. b. Non-Waiver. Failure by one party at any time to require performance by the other party of any provision in this Agreement shall no way affect the parties rights hereunder to enforce any other provision of this Agreement, nor shall any waiver by the party of any breach to this Agreement be held to be a waiver of any succeeding breach or waiver of this non-waiver clause. c. No Merger. The obligations set forth in this Agreement shall not merge with a transfer or conveyance of title to any party of any property but shall survive the closing of such property and shall remain in effect until fulfilled. d. Amendments. This Agreement may be amended, modified or extended without new consideration, but only by written instrument executed by both parties. e. Governing Law. . This Agreement shall be construed in accordance with and governed by the laws of the State of Oregon. Parties agree that venue is situated in Lane County. f. Severability. If any portion of this Agreement shall be invalid or unenforceable to any extent, the validity ofthe remaining provisions shall not be affected. g. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be deemed to be an original in all counterparts taken together shall constitute one Agreement. h. Binding Effect. The covenants, conditions and terms of this Agreement shall extend to and be binding upon inure to the benefit of the successors and assigns of the parties hereto. DATED this "2.. day of &-fJ/:;:p~ --- .2006. ~/P2 ~~ft ~k &-R;creatron District By: Gary Ross)..:president \r---- ~ f\.c\-,\ c..~~.,,,,,-~.\- WiUalP.alane Park & Recreation District ~ By: R~bert Keefer, Secretary ~--::::--z'.-.z_. ~_ ~._--_.-:;".~ ..c . Crossroads Development, LLC By: Mark Vukanovich Jasper Meadows Donation Agreement - 3 092206 GH