HomeMy WebLinkAboutAgreement APPLICANT 9/25/2013 I .
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L - - DISPOSITION AND DEVELOPMENT AGREEMENT RRTWEEN THE
- )� CITY OF SPRINGFIELD, a municipal corporation-of the
State of Oregon, and GATEWAY HALL LIMITED PARTNERSHIP,
r a South Dakota partnership, for the Development of
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I a Regional Shopping Mall on a Site Within the
- Gateway Area Within the City of Springfield •
WHEREAS, Gateway Mall Limited Partnersh preR"Oter 160.00
Developer, an.affiliate corporation of Oener �tYY44R"Cdv'I doges,
Inc., plans to develop a regional shopping ma 1 n a site within
the Gateway area of the City of Springfield. Oregon; and,
WHEREAS, it is anticipated that such a project would be valued
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in the range of $50 - 570 million at full deveLopment, which is
the largest nongovernmental Springfield project in the past 20
_ years, and the largest in the Springfield-Eugene metropolitan • _
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area in the past 20 years; and, 5153A001 10/21/BBPFND 10.00
WHEREAS, the designee project as proposed is designer to retail space,at
a minimum the development of 715.000 square feet of retail space, :
' • including up to five major stores totalling 645,000 square feet,
wise . retail mall merchants totalling 235,000 square feet. and a multi- .:
° screen theatre totalling :15,000 square feet; and,
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WHEREAS, it is anticipated that the development of the regional •
shopping mall would employ up to 1,000 employees from the local
labor pool during the construction phase: and, -
WHEREAS, it is anticipated that the regional shopping mall
would permanently employ between 1,200-1,500 employees from the
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- local labor pool; and, .
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WHEREAS, a regional shopping
® r pang pe mall would further enhance the
- ___ • Gateway area of Springfield, and specifically the McKenzie-Gateway
e lihooa! Light Industrial Site, and potentially industrial Si the 11;;e- •
sad-mi
lihood of development of this outstanding industrial site; and,
-- • WHEREAS, such a regional shopping mall would: -
(a1 , d.• a wider ghn:ra of. a ,ednnrp (,yell,..
(b) retain more consumera•in the Springfield-Eugene
community, .-
teem� (c) provide more competition in the local market, hope-
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fully resulting in liner rlcce to consumers, •
—=1 (4) increase shopping-related tourism,(e) create new opportunities for development and invest- .
' ments.
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Ma (f) result in no substantial relocation of businesses to
-- . the regional shopping mall due to anticipated higher '
rent levels in the regional shopping mall, and . _
micii® (g) increase the retail market in the Springfield-Eugene
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community; end, -. _ . . . .._.
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,fi WHEREAS, Developer, through its affiliate General Growth
Companies. Ine , is the 10th largest retail developer in the United
r States having completed 4G malls to date, of which they retain "
I management or ownership of 36; and.
1. WHEREAS, BAY SHORE. MALL and BELLIS FAIR LIMITED PARTNERSHIP
(affiliates of Developer) are completing development of a 650,000
square foot regional shopping mall in Eureka, California and con-
- struction of a 950,000 square foot regional shopping mall in
Bellingham. Washington: and, ,
WHEREAS, Developer and City acknowledge that the proposed
development of the regional shopping mall provides for no City
Wilsubsidies of the development in the form of grants, loans, write-
downs, fee reductions or waivers, other than as expressly provided
for herein; and,
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WHEREAS, City has agreed to enter into this Disposition and
Development Agreement (Agreement) with Developer based on
^ Developer's experience, management depth, development team, demon-
aerated commitment to high quality development, project Pro Forma
nemSlii Financial Statement, conceptual design proposal, corporate finan-
- - cial strength, and responsiveness to City's concerns; and,
—4 WHEREAS, the City has found that the development of the Land
• pursuant to this Agreement, and the fulfillment generally of this
Agreement and the intentions set forth herein, arc in the vital and
® best interest of the City and the health, safety, morals and
welfare of its residents, and in accordance with the public pur-
I poses and provisions of any applicable municipal, State and Federal
AveneM laws or requirements; and,
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a$8$! NOW. THEREFORE, in consideration of the foregoing recitals,
cm�' it is hereby agreed between the parties as follows:
r
-- 1. Purpose: The purpose of this Agreement is to set forth -
the understanding of the parties regarding the development of
- a regional shopping mall by Developer on a site more particularly
described and sot forth in Exhibit A attached hereto and incorpor-
ated herein by reference within the Gateway area of the City of
Springfield. 1;
This Agreement together with the "Site Plan Development Agree- j.
cent" (attached for informational purposes as Attachment 1) and the �; -
gattgal "Waiver, Consent to Assessment. Agreement to Pay Certain Improve-
ment Costs, and Agreement for 'Provision of Surety" (attached for . ..
eril Informational purposes as Attachment 2) constitutes the full extent
of the understanding of the parties regarding the site development
„- a - . The ..,in,.., agreement between the '
parties known as a Memorandum of Understanding is terminated effec- I
ties the date of this Agreement. I .
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8844251 (
f r y In the event of any conflict between this Agreement. -the
Site Plan Development Agreement, and the Waiver. Consent to Assess- i
-. - . . I ment, Agreement to Pay Certain Improvement Costs, and Agreement
for Provision of Surety, those requirements which are most specific
and which ere the most stringent when imposed upon the Developer _
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shall be applicable.
2. Coals of the Development of the Regional Shopping Mall: .
IN (a) The City and Developer agree that the development
of a regional shopping mail is'of common ince:est
and benefit to the City and Developer.
(b) The City desires to have the property developed
as a regional so=pping mail for the following
reasons:
i
(1) Development of the area as a regional shopping
mall realizes the City's goals to_
(a) Improve the City's economy and economic
base.
(b) Enhance and strengthen community spirit
and pride.
_ (c) Accommodate Springfield's future develop-
went.
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(d) Broaden the retell base of the Springfield-
iiiiR Eugene Metropolitan area.
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_ ..=f • (e) Beautify and enhance the gateway area
of the City. i
_ (2) The proposed development provide City
ity
with an increase in the true cash value of real
� property over which to spread ad valorem taxes
-- imposed by local taxing entities.
(7) The development will include high quality I-
_ commercial land uses which are compatible
with the City's Comprehensive Plan, Zoning,
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and Development Code. !
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- (A) The payroll Generated by the development will _
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create additional retail sales for Springfield :
merchants.
(5) The proposed comprehensive planned development j
on this site is the most desireable and effec-
tive method of integrating existing public . j
t® facilitles with Identified facility rice= fee "' ..
the Gateway area. _
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" (Si The development will provide employment to
the local work force.
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(c) Developer desires to have the property developed
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as the regional shopping mall for the following
reasons:
(l) The regional shopping community lacks the "
retail development commonly found in other
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comparable metropolitan markets; •
(2) -The project has received considerable interest
from retail stores; '
(3) The project is consistent with internal guide- j
lines and margins established by Developer and
- its affiliates for profitable developments.
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M 3. Mutual Coed Faith and Best Efforts: City and Developer '
both understand that l.he development of a regional shopping mall
is a process which will require the mutual best efforts of both
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-parties. Both parties pledge their good faith and best-efforts to
accomplish the purposes of this Agreement. ' •
- - 6. Description of Shopping Mall: Thu regional shopping
• ,rt`O,- mall will be generally developed as follows:
sa-., la) Developer shall develop on the site more portico- •
_____ larly described and set forth in Exhibit A attached
• hereto and incorporated herein by'reference a re-
.,fi -.l gional shopping mall similar in scale, quality
and characl.er of its projects in other jurisdic- .
tions, including Eureka, California end Bellingham,
GCr Washington as conceptually illustrated in Exhibit j .
D attached hereto and incorporated herein by re-
fererce• Special and equal attention will be pro-
i.
"_"' "" vided to the development's appearance from •
Interstate-S. Harlow Road and Gateway Street. �
Additionally, Developer will comply with all require-
='"' - manes of the Site Plan Development Agreement. .•The Developer represents its purchase of the land -
Er. '' is ter Developer_ 4 n•_- represents in ias_ ..t
holding. Developer V further,represents it'hasr not .(except as may be consistent with the development: of i
this shopping mall) entered intn Any agreement to
sell, a,A:ion, convey, lease, transfer or otherwise .
idispose of all or any part of the land or improve-
. moots or interest therein that is contrary to the
E— - terms or this Agreement. The Developer" acknow-
--- ledges that, due to the importance of the develop-
ont of the land to the general welfare of the j. •
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Developer, owner, and operator arc of particular
concern to the community and the City. The
r Developer further acknowledges it is because of such
I qualifications that the City is entering into this
liral _ Agreement with the Developer-
(b) The regional shopping mall shall he a minimum of
- 715,000 square feet at full development, including•
--- up to five major tenant stores totalling not less
than 4/.5,000 square feet, gross leasable area.' •
M. Major tenant stores shall be designed and construe- .
tad as follows:
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(1) Phase I. A general merchandise retailer opera[- .
SPECa • . ing a store containing 115.000 square feet
game gross leasable area or more, of which not less
than 95% shall be devoted to sales area. .
A general merchandise retailer operating a ,
store containing 110,000 square feet gross
. leasable area or more of which net less than
75% shall be devoted, to sales area. A general
merchandise retailer operating a store contain-
ing 50,000 square feat gross leasable area of
•1 more, of which not less than 75% shall be
devoted to Sales wren. It is specifically
understood that discount warehouse stores shall.
not meet this requirement as a major tenant
_ • store. In addition to the major tenant stores •
as described above, the mall shall consist of
----= 235,000 square feet or more of mall retail t.
store space, and a multi-screen theatre of
35,000 square feet.
--1 (2) Phase II. Two general merchandise retailers
operating stores which each contain 85,000
square feet gross leasable area or more, of
em which not less than 75% shall be devoted to • i .
' sales arca. It is specifically understood that
, c� discount warehouse stores shall not meet this
requirement as a major tenant store.
•
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— . tonscruccion or accc•mn:ny'i.n9 o-:,.;,ins +., cooronau.je
with Site Plan Development Agreement. I
• (d) Placement and maintenance of landscaping In actor-
- dance with Site plan Development Agreement.
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(e) Developer shall provide some mall space or feature i -
' emphasizing and recognizin., w.-/ngfia., 0-eg,—. .
• e This may be accomplished through a Community Room, - i
and information kiosk or significant artistic fea-
c:fir =pace nr feature will promote . - _
Springfield c and other arc a wide activities and will
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igg be mutually acceptable to City and Developer.
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5. Keep City Informed: To extent permitted by competitive
r considerations of securing tenants, mall Developer will keep City
informed in a timely manner of all substantial and material pro-
® I ject and timing changes. tenant decisions, financing decisions,
etc. Upon signature of this Agreement and until construction
and improvements have been completed in the project, the work•
of the Developer shall be subject Lo access at all reasonable
times for inspection by representatives of the City of Springfield.
6. Phasing of Development: The development will be gen-
- erally phased as follows: "
°•"" (a) Phase I. Effective September 1, 1988, the Developer
® shall seek approvals for and complete construction
of the three major tenant stores las described in
ue-- paragraph A(b)(1)(Phasc I)) totalling not less than
275,000 square feet and mall retail store space
totalling not less than 235,000 square feet, and a
multi-screen theatre of 35.000 square feet within
m two and one-half years inclusive of any time periods
required for City processing of any approvals such ,
• as site plan approval, building permit approval, etc. •
Developer shall cause its architect to certify .
a to the City and the City Building official shall P
. EM verify the completion and readiness for occupancy of
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all improvements constructed in Phase I. Such I
certifications shall include the square footage of
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� each major department store and the square footage
-- of all other improvements constructed L'ed in Phase I.
' If Developer falls to complete construction prior Co 1
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. expiration of the two and one-half year time period, •
......�.. or, if Developer defaults and does not cure such ■
default within the Lime provided in Paragraph 23,
n then, the Developer shall be respouslbie for all
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costs associated fi with the project including the. •'
- construction, financing, legal, technical, and i
. administrative costs as more specifically sec forth
in the "Waiver, Consent to Assessment. Agreement to
Pay Certain Improvement Costs, and Agreement for -
o _.inn .,f s„re tv' tan dinn E(.2 right of the city
- to immediately draw to the fullest extent upon the �
• surety provided under the waiver, Consent to Assess-
ment, Agreement to Pay Certain Improvement Costs, �'
Arc-.....-_ fer .revision of surety, -
- (b) • Phase II. As determined by UeveLope..
7. Public Improvements:
1.
- (a) Upon the Developer guaranteeing three commitments
® from major tenants, totalling nnl: less than 275,000 -
.,.' square feet, execution of the "Site Plan Development
w.—+n Agreement." and execution of the "waiver, consent to •
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8844251
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Assessment, Agreement to Pay Certain Improvement
Costs, and Agreement for Provision of Surety° and
provision of the specified required surety, the '
City of Springfield will commit to the
. r construction of those public improvements more
particularly set forth in Exhibit C attached
• hereto and incorporated herein by reference. The -
_ cost for such public improvements shall he
apportioned as set forth in Paragraph 8.
Anything herein to the contrary notwithstanding,
-- the City agrees it will not cause any phase of -
the public improvements to be constructed until: ,
vm...'1- (1) The City has notified the Developer in
Mrel writing of the particular phase of work to
be commenced and the contract price of such -
work;
(2) Developer has notified the City in writing
that Developer consents to the commencement
:.� of the particular phase of work.
°�°-°'b (b) If Developer does not consent to commencement of
work within 30 days of City's notification, the
following procedure shall apply:
. (1) Developer's failure to consent shall be
deemed a default under Paragraph 23 of this
Agreement; and
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(2) If the consent is not provided within ninety
. (90) days of City's notification, Developer
shall reimburse City all costs the City has
- incurred, arising out of or associated with,
-- the development of the regional shopping
._-.~ mall proposal, not to exceed $200,000; and
this Agreement shall terminate and be o,, no
further force and effect.
(c) Except where specifically modified or excepted by
the Site Plan Development Agreement, the Planning _
a®n Director, or Planning Commission, all public
tr rovements !vest he designed and constructed in I'
— accordance with City of Springfield e,.g„m°,..
4 construction specifications.
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(d) The City shall have the responsibility to inspect 1
a d and observe the construction of all such public
� improvements.
(e) The Developer is solely responsible for provision
= of all utilities; i.e., water, electricity, gas. - j
telephone, which may be necessary for . a regicea.
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8844251
shopping mall, including all costs, if any, of
fees and permits imposed as a condition of develop-
ment. City will assist in any coordination neces- .
sary. All utilities shall be underground.
(f). It is understood that development of this regional
shopping mall will require Developer to share in
financing costs of certain public improvements
1 as set forth in Exhibit C. City wishes to make
it clear that further public improvements may occur
adjacent to and in the general vicinity of the
regional shopping mall which may also benefit the
development and property, and Developer may also
nal be required to share in the costs of such improve-
ments in the future. This apportionment of Devel-
oper's share will be based on the Developer's use
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med of, and benefit derived from, such public improve-
. ments. Such apportionment shall be made in accor-
dance with the City's ordinances and policies. The
Developer's apportionment shall be determined by the
_ 1 City in the same manner and using the same standards
and policies as applicable to other property owners'
within the proposed assessment. Developer's succes-
sors, heirs and assigns shall not remonstrate
--,..4 against such further public improvements.
B. Financing of Public Improvements: City agrees to commit
to those public improvements set forth in Exhibit C attached hereto
—..= antl incorporated herein by reference. Developer agrees to pay the
EggP ' first 51,000,000 of these costs as Developer's share, by accepting
a local improvement district assessment amortized over ten years.
gigIn addition, Developer also agrees to pay those costs more particu-
larly described and set forth in the Waiver, Consent to Assessment,
Agreement to Pay Certain Improvement Costs and Agreement for Provi-
lion of Surety. Such sums shall also constitute the maximum amount
that the City may recover under any letter of credit or surety i .
delivered under this Agreement or under the Waiver, consent to
Assessment, Agreement to Pay Certain Improvement Costs and Agree- j -
.a meat for Provision of Surety. Anything herein to the contrary - !
: notwithstanding, the Developer's maximum financial exposure to the i.
City in the event Developer does not consent to commencement of all .
' phases of work required to complete the public improvements refer- i�' _
roe. to in . .............. 7 of ....._.....__ _...___ forth on
Paragraph 7(b)(1) G (2).
9. Applicable Development Fees: - :
a
� (a) In addition to the Developer's assumption of the
financing cost specified in Paragraph a, Developer -
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chill nay to City all required System Development
• Charges and other additional costs, fees, licenses,
and expenses set forth in Exhibit D, attached hereto
® and incorporated herein by reference when due.
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• (b) If Developer wishes to expedite the construction
apprcval process, Developer may request that City
hire additional personnel to work exclusively on the
r • regional shopping mail development. Developer
agrees to reimburse City for all such employment
costs. Such cost to be in addition to costs de-
scribed in subparagraph (a) above.
10. Finance Statement: Developer shall provide the City a
iiiil Pro Forma Finance Statement which shall include all mall tenants, •
--a including major tenants; and any and all other site.development.
M. To the full extent permitted by the Oregon Public Records Act, City
will maintain the confidentiality of such Statement.
lamaktai . 11. Police Protection: The City will provide such police
protection to the property as is reasonably necessary for the
property given the stage of development on the property, city
and Developer agree that Developer may employ private security
( forces to augment City Police forces.
`-! 12. Fire Protection: The City will provide such fire protec-
., tion to the property as is reasonably necessary for the property
given the state of development on the property. City and Developer
agree that Developer may employ private security forces to augment
_:j City Fire protection. •
13. Solid paste Franchise: The City presently has an exclu-
" - sive franchise agreement with Sani-Pac Oregon Ltd. for the pro-
vision of said waste collection. Developer agrees to abide by . •
requirements of this franchise agreement. City agrees to work
u with Developer and Sani-Pac to insure that such collection fees
are consistent and competitive with collection fees charged other
= businesses within the City of Springfield.
14. Non-Assignment: Developer shall not assign its rights
and responsibilities under this Agreement without the express
written consent of city: Provided however, by execution of this
Agreement, City provides its consent to assignment of Developer's
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. rights and responsibilities under this Agreement to a limited
partnership composed of General Growth Companies and/or affiliated
® entities and/or its principals. The requirements of this paragraph i-. j
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shall terminate upon substantial completion of the shopping mall
f the
- City, which consent shall not be consent
be unreasonably withheld, Developer
' • may assign its rights and responsibilities under this Agreement
,.,.t after its full completion of Phase 1, referred to in Paragraph 6. .
15. Exhibits: All exhibits referred to ur attached to this .
_1 -
Agreement are hereby incorporated into and made a part hereof. . -
ME 16. Additional Real Property Acquisition: Additional real Ali
1 property may be owned or acquired by Developer within the Gateway
area. If acceptable to the City, the Developer may include such •
additional real property in the terms ar,d conditions of this Agree- _
cent, except that nothing herein shall impair the effect of the _ . . -.
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8S44251
Springfield Development Code. With respect to such property, City .
RIO and Developer shall negotiate cost sharing of additional public
improvements in conformance with requirements of Springfield oevel- .
OEM r opment Code.
77. Zoning and Land Development:
(a) City represents that the use of the property de-
scribed in Exhibit A for a proposed regional shop-
ping mall is in accordance with Article 18. City
of Springfield Development Code, "Community Commer-
cial District". The Metropolitan Area General
MEg_ . Plan designates the site as commercial. The:pro-
perty is planned and zoned for the intended use.
E. (b) Unless modified or excepted by the Site Plan Review ,
Development'Agreement, Planning Director, or Plan-
ning Commission, Developer agrees to comply with all
.... applicable City of Springfield zoning, land develop-
ment, sign and development review regulations, and
Gr.mm= criteria for approval. Such modification or excep- •
tions shall be in writing.
(c) Developer agrees establish appropriate protective
. 4 covenants, architectural site design, and review •
standards for the development.
(d) . Insofar as is practical or otherwise agreed by
_ City, all utilities will be underground.
(e) Unless modified or excepted by the Building Official
•Ma . or the Fire Marshall, Developer agrees to comply
with all applicable building safety, and fire and
. life safety codes. Such modifications or exceptions .
-{ shall'be in writing. • - -
.i • (f) Developer will provide a public transit facility • _on site to be arranged with Lane Transit.District
uK mutual and subject to mutual agreement between the District
and the Developer. •
- 18. Notices: All notices required or permitted by this - .
- _ _ _ ;.. ..,,,- r;nn and may he delivered in person to
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1 - any party or may be sent by certified mail, postage prepaid, return
receipt requested and addressed in the case of the City to:
• Attn: Gre g Mott .
City of Springfield -
= 225 North 5th Street _
Sorin of ield. Oregon 97477 - _. .
' and in the case of the Developer to:
®m . Gateway Mail Limi]ad Partnership
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- Attn: John Buchsbaum
15821 Ventura Blvd., Suite 525
=� Encino, California 91436 - .
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rsa�•=zs`F75 General Growth Companies
P.O. Box 153E
Des Moines, Iowa SeS09
M 19. modifications: Any modifications co this Agreement
shall be made in writing executed by both parties. The parties
recognize that circumstances may change and that it may be in .
- the interests of both parties that the Agreement be amended from
time to time. For this reason, each of the parties will consider
changes which may be proposed by the other during the term of
this Agreement. In the case of the City, the City Manager may
approve and execute minor changes to this Agreement. The City
Manager shall determine in his discretion, what constitutes e
minor change. Major changes must be approved by tho City Council
= and executed by its appropriate officers.
20. No Partnership: - Nei Carr anything in this Agreement
contained nor any acts of the parties hereto shall be deemed. or
•
`• construed by the parties hereto, or any of them, or by any third
. person, to create the relationship of principal and agent, or
of partnership, or of joint venture, or of any association between •
. any of the parties-to this Agreement.
21, Non-Waiver of Government .Bights: Subject to the terms
and conditions of this Agreement, by making this Agreement City
is specifically not obligating itself, or any other governmental •
or regulating agency with respect to any discretionary action
relating to development or operation of the improvements to be
constructed on the land, including, but not limited to, rezanings,
_ variances, environmental clearances or any other governmental
= agency approvals which are or may be required.
• 22. Farm Deferral: Developer shall pay the Lane County
"°°"'! • Department of Assessment end Taxation all anticipated reel property
ry • taxes which may arise under Oregon Law as a result of the planned .
diversion of the real property described in Exhibit A from Farm
pris. a • use. Such payment shall be in full upon receipt of tax statement
from Lane County, Oregon, and in accordance with ORS 306.395(4) and •
�_. . ' OR5 311.370. - •
„-tc by u._ve Lope..: A dctauie sna;i occur Lr Level_,'_.
iiWgi shall breach any of the provisions of this Agreement whether by
action or inaction, and such breach shell continue and not be
. ,.. l remedied within sixty (60) days after the City shall have given
+ notice specifying the breach or in the case of a bream, which - -
cannot with due diligence be cured within a period of sixty (60)
drys, if the Developer shill not within such sixty (60) day period
_,nyp,_.. commence the cure of 'the breach and thereafter diligently prosecute
•
to Completion such cure within a reasonable Lime after the notice
from the ether party. A default also shall occur If Developer
•
....ve mad. ....r _-.,..c;.r_;_ ._. _. t n.._to o. . ..
shall have become adjudicated a bankrupt. or :-hall have had a .. .. ...
mauv-ii .
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UBte Received: 972-00i3
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receiver, trustee or Crdeemed't committee e appoi hereunder over L.
Developer shall not be deemed to be in default hereunder For fail-
- r ure to pay any tax, assessment, lien or other charge if Developer
I in good faith is contenting the same nod, if necessary to avoid
foreclosure, has furnished an appropriate bond or other undertaking
▪ -c-r to assure payment in the event Developer's contest is unsuccessful.
To the extent that any default of the Developer is specifi-
cally anticipated by the "Waiver. Consent to Assessment, Agreement •
to Pay Certain Improvement Costs, and Agreement for Provision •
of Surety" the provisions of that document shall apply, including
Mt
the right of the City to immediately draw to the fullest extent
net
S upon the surety provided under that document.
biffMMff
. 24. City's Remedies: In addition to specific remedies con-
tained
in this Agreement, in the event of Developer's default, the
•
City shall have the right to cure such default. In the event
City cures such default, City may make demand upon Developer for
reimbursement of all reasonable costs associated with such cure.
▪ - To the extent that city's remedies for default by Developer are
,s.y,s5 anticipated by the "Waiver. Consent to Assessment, Agreement to
•
Pay Certain Improvement Costs, and Agreement for Provision of
• Surety" that document shall apply.
ETiZq 25. Nonexclusive Remedies: The rights and remedies expressly
afforded under the previsions of this Agreement shall not be deemed
a� • exclusive, except where otherwise indicated, and shall be In adds-
' Lion to and cumulative with any and all rights otherwise available•
.' "_a at law or in equity. The exercise by either party of any one .
- - or more of such remedies shall not preclude the exercise by i
a • at the same or different times, of any other such remedies for
wAts1 the same default or breach or of any of its remedies for any other .
'sh ' - - default or breach by the other party, including, without limitation
tPREPt) . the right to compel specific performance. j
--"- 26. Discrimination: The Developer, for Itself and its suc-
cessor and assigns, agrees that during the construction of the -
..mwm... • improvements provided for in this Agreement, the Developer will
=q not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. --
t e ' ,enr. hi oa •
disputes by arbitration. Such arbitration shall be conducted by
a one arbitrator appointed by the presiding Judge of the Lane County
c:aiN • ' Circuit Court. The decision of the arbitrator shall he final and _ .
—y binding on the parties. Judgment may be entered on the award and .
fully enforceable by any court having jurisdiction thereof. The
arbitration shall be completed by no .later than thirty (SO) days •
from the date on which it is commence" Except n otherwise provi-
ded herein, the rules of the American Association shall .
r control. The arbitrator shall determine the prevailing party in •
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8844251 I
any such arbitration and shall award such prevailing party all of
its costs including costs of experts and attorney's fees incurred
In connection with arbitration.
I a?-Scirt DIT P SP,ILNGFIELI)
Date
R•nald P. LeBlanc, City Manages
3 q/ /c a3 GATEWAY MALL LIMITED PARTMERSIISP,
( ate a South Dakota Partnership -
By: General Growth Partners, Inc.,
general partner
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Date Received: , ,A'/9
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= s, 8844251
[�biil EXHIBIT "A"•
Parcel 1: -
MIER r Beginning at a point on the West line of the William Stevens Donation Land
T
BM Claim No. 46, Township 17 South, Range 3 West of the Willamette meridian,
1498.30 feet South 0. 04' East from the Northwest corner of said Donation Land -
Claim No,. 46; thence South 0. 04' Cast 211.69 feet along Said west line;
thence South 89. 49' 20" West 834.94 feet to a point on the Easterly right of
-_� way line of Interstate 5; thence South 4. 40' Hest 1422.55 feet along said .
Easterly right of way line of Interstate 5.t0 the True Point of Beginning;
as thence continuing South 4' 40' West 378.96 feet along said tight of way line,
thence South 89. 50' East 983.66 feet to a point on the West•line of said
I Donation Land Claim No. 46, North 0° 04' West, 1870.77 feet from the southwest
math
tag corner of said Donation Land Claim No. 46; thence North 0" 04 Wert 279.19 feet
along said West line; thence North 89. 45' 20° East 287.16 feet to a paint on
the Westerly right of way line of Gateway Street; thence North 4. 56' East
106.83 feet along the Westerly right of way line of Ca tewav Street to a point •
.which bears North 89° 45! 20" East from the true Point of Beginning; thence '
i south 89. 45' 20" West 1248.92 feet to the hue Point of Beginning, in Lane
County, Oregon.
a
Parcel 2: •
gq Beginning at a point on the Cast line of Interstate 5, said point being 600.00
• feet North 09° 40. 04" East from the Northwest corner of that certain tract of
`sue land described in a m endment to contract between Anna Boyd Davis Reed, seller,
and Staff Jennings, Inc., buyer, said amendment being recorded July 20, 1971,
Reel.541, Reception No. 55588. Official Records of Lane county, Oregon, and
= said beginning point being more a particularly described as being 125.69 feet
North 00. 04' West and 564.27 feet south 68° 40' West and 619.49 feet Vest and
®a° 600.0 feet North 04° 40' 04° East from the Southwest corner of the W. M.
f_-....... Stevens Donation Land Claim No. 46. Section 2 . Township 17 South, Range 03
= West of the Willamette Meridian, Lane County, Oregon('running thence North 04°
40. 04" East along the East line of Interstate 5, a.distance of 1360.7 feet
-' the Southwest corner of that tow CO
certain tract of land conveyed in Tract II CO i
= Calef Properties by deed recorded November a, 1971, Reception No. 71503, �� ■
"meg • . Official Records of Lane County, Oregon; thence South 89' 50' East 983.66 feat - '
'�� to a point on the Nest line of
Stevens ethane
_ even Donation.Land Claim( thence North Bet
ai
04' West along the Hest line of said Stevens Donation Land Claim 278.19 feet; ' - -thence - -
North 89° 45' 20" cast. 287.16 fait[ t.. ..e. . N _Gateway Street; thence south 04. 55. 44" West'-along,the•West line l of Gateway ' .-
Street 1064.03 feet; thence along the West line of Gateway Street on the are
of a 2904.79 foot radius curve left (the long
.mri�i 2R' 6^ west ga 7 feet) 'eho[d of which beers South 02°
7_ t 8.6_ t. a distance of 249.70 fiat; thence Leaving t^
Y„°r • line of said Gateway Street, South 68s 40' West•809.63 feet; thence Nest,450.0 •
feet to the Place of aeginning.
.
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.
� EXHIBIT "A" - 1 -
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Date, Received: Or eon
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EXHIBIT "A" cont.
mai
r 8844253 _
rBeginning at a point an the forth line of that certain tract of land described
in amendment to contract between Anna Omyd Davis Reed, seller, and Staff
Jennings,'Inc., buyer, said amendment being recorded July 30, 1971, Reel 541r
Reception No. 55588, Official Records of Lane County, Oregon; said point being
on the Nest line of the W. M. seevena Donation Land Claim No. 45, Section 22,
Township 12 south, Range 02 hest of the Willamette Meridian, Lane county,
Oregon 125.69 feet Worth'00• 04' Nest from the southwest corner of said
stevene Donation Land Claini running thence South 60• 40' West 564.22 feet;
North Best 619.49 toast to a point on the.vase lino of.Enr_
tetaeo 5; thence •
North 00• 40' 04' East along the East line of,Interstate 5, n distance of
EgM
:000.0 feet; thence East 450.0 feet; thence North 68• 40' East 889.63 feet to
the Nest line of Gateway Street; thence Southerly along the Westerly line of
°"� Gateway Street to a point marking the Northeast corner of the above mentioned
staff Jennings Inc., tract; thence South 68• 40' West 267.00 feet to the place I
`-1 of Beginning. •
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Date Received: 4 �T/or
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® SEP EB 'es 16,33 THE BEST LITTLE PRINTHOUSE P.2
fag
8844251
EXHIBIT °B`
CONCEPTUAL ILLUSTRATION OF
DEVELOPER'S REGIONAL SHOPPING MALL
AS MORE PARTICULARLY DESCRIBED
CERTAIN AIN LANDSCAPE PLAN
Ba g (SHEET LP-1) AS SUBMITTED
TO THE CITY OF SPRINGFIELD '
FOR HITS PLAN APPROVAL
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SEP 22 '99 16:3a THE WST UITILE PRINITCUSE F.3
»
8844251
MEXHIBIT 'C'
E2Gg ' r SCHEDULE OF PUBLIC IMPROVEMENTS
' (As proscribed in the regionally adopted
eo.:d -. Public Facilities Plan,
" including TransPlan)
. Estimated
proiert Description Total Cost t Comments
1-5 ramp and Beltiina Road to Gateway S 110,000 Right-of-way required at
ffi Street Gateway Street.
Contour 1-5 ramp to allow free right
turn, widen south side of Baliltne to
provide dual right turn lanes at
Gateway Street.
Gateway Street, Battling to Harlow Road $1,221,000
General Growth is respon-
stble for securing Win-
- Widen to five lanes with bicycle lanes, stop's approval and coop-
curb, gutters, storm drainage, upgrade oration for their prop-
illumination to City standards. al tern access/egress
flimi alterations.
At north and south accesses to mall:
-- — construct southbound deceleration lanes
into mail, install Interconnected
- traffic signals.
'
Revise driveway into Winston': site to
1 I be right-in/right-out only.
Revise traffic signal at Gateway Street •
and Harlow Road.
�1 Revise traffic signal at Gateway and
Salton: Road.
Harlow Road, I-5 to wayside Loop S1 -- """'•" "-"+�
slble for securing Win-
_ ni -t Beverly stop's approval and coop-
lnstali tyaffh sly..• - •1. oration for their prop- 1
-Street. erty'i access/ogress
•
===== Widen to four -Shoos Catwcai Buvcrly and changes.
Oateis, and add westbound right turn
only lane and entrance driveway to
Winston's.
® 5HIBIT 'C" - 1 - .. ... .-_.
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SEP 26 'ea 16:34 THE BEST LITTLE PRINTHWSE P.4
6.334'4251
Estimated
Protect Description, Total Cost S comment;
Harlow Road, 1-S to W.,,... Lent, cont'd.
Widen to five lanes from Gateway Streot -
to Pioneer Parkway.
. Signalize at Game Farm Road, $100,000
funded via Lane County CIP
•
Revise traffic signal at Pioneer •
Parkway.
Storm Drainage Improvements* $ 440,000 City to be lead agency and
award'contract.
60 inch pipe-in-place, 300 lineal feet 48 inch pipe-in-place, 1,900 lineal foot
42 inch pipe-in-place, 700 lineal feat
---1 36 inch pipe-in-place, 100 lineal feet
24 inch pipe-in-piece, 1,000 lineal feet -
13 manholes, ditch excavation and
associated structures
Total Estimated Cost $2,G55,000
General Growth Share - "$1,000,000 .
_= City Share • 51,955,000
,, 1..
°Note: Any costs associated with required wetlands mitigation measures are I'
private improvements and the finaneial responsibility of the Oevdloper. .
.
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EXHIBIT.'C' - 2 -
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SEP 28 '68 1635 THE BEST LITTLE PRINTHOUSE P,5
ffga
8844251
EXHIBIT U
.TABLE NO. 3-A -BUILDING PERMIT FEES
(a) ,TOTAL VALUATION . FEE
(I)' 31.00 to $500.00 $lo.00
(2) 3500.00 to $2,000.00 320.00 for the Pint
5500.00 plus. $1.50 for Bach
additional 3100.00 or
fraction thareat, td ti.%
- - ' •' • including $2,000.00 ,
- (3) 5.2,000.01 to 325,000.00 • -$32.50. . far • the first .'
additional plus
onal . 1, for a$1,000.00or
fraction . thereof. to end
ry Including $25,000.00
•(4) 525,000.01 to $50,000.00 .5170.50 for the first
525,000.00 plus 34.50 for
each additional 51,000.00 e;'
Mai
fraction thereof to and
including 5.50,000.00
•
®-v-9 {5) $50,000.01 to $loo.000.00
'°"'° '3203.00 far the first
• • 550,000.00 plus 55.00 for
each additional $5,Qu0.00 or •
fraction thereof, to and
• if •- including $100,000.00 •
(6) $200,000.01 to 6500,000.00 °437:00 for the first SI00,000.d0 plus $2.25 far
.. each additional •31,000 or
fraction thereof, to and
,, Intl aging $500,000.00
47) $SAO,000,01 tad up 61.333.00 00
riertel
.000.00 fpra fifor
plus $1.c U for
°,
%ROM - fraction thereof. - - •
5tag - • (hl Spee 1si permit _ , 110.00
buildings and SLPU24Yraa a3
�_ ro5¢:rod ir. .e,,.,w, 301 (a) (2)
•
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Dale.' Pf@C@IVed. 21'
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•°LP 2R 'W 16.35 THE REST LITTLE PRtrlD-15E
•
8 44251 an of sv61xcr1210
01101/10 SASttt 0Ir13i1 "
I nue 208 manta 2[/1'..1[5.
l"Y3 s9 meun19u6+u1[c1t
7 03:49 e 5 999:04 73:10 :3! 3:9! 533:913:09 u 3 33:9000:4 =a9:w •3i is 399:3! •
301;00 to 100.0 1::10 :33 9.13 31.001:[0 to 34.000"0.00 330:00 14:9! al:75
800.00 to 100.00 30.10 • 10.40 14,001.0 m 1.00.1 no.Os 44.90 191,10
• 901,00 to 010.0 12.18 35.001.0 to 5.000.0 01,00 19,01
2,005,00 to 1,100.00 Moo .90 um 56.001.00 to 3).00.0 100.00 140 191,60
1,101,00 to 1200.00 10.60 L10 11.3] 61001.1 to 5,0000'01.00 15.5 10.51
I.Z01.80 to 1.3011.00 1.70 .1141 58,001.00 to 1611143 310.0
1,10140 to 1,100.00 23.50 1.1 15.n 15,05.00 t0 0.01.80 71340 ILI! 201,0
�® 7.0680 to 1.500.00 1,11 16.23 60401.00 to 61.000.0 11140 11.1 201.9
1201.00 to 1.100.00 =1:30 1.11 IJ.i] 11;11.0-t9 02.000.00 319.1 10'8° 20.10
• ,601.00 to 1,700.0 MOO LW 10.20 11.001.00 to 1.000.CO 42.00 16'1] 01.39
1.70140 to 1.1.00 140 Ida 11.15 1,00100 Is 1,00.1 325.00 36.10 21.1'
6601.0 to 1.91.00 32.00 .1.50 MIS , 14401.00 to 1.00.00 316.00 11.40 933 30 •
1.101.0 la 2,00,00 32.0 1437* 1143 141.00 to 66,00,00 111.1
eu 01[04 0040 mt 5100.00 Is name 1.001.1 to 1,10-% MI 18.5 215.1E
32.11.00 to le,000.1 311.0 10.1 211.10
S.001.00 m 3400.08 lB.sO 11.0600 to 1,000.0 141.00 16'1 21945
1.001.0 to 611000 1.50 L!] 23'0 1.13.00 m 10.00.00 71,0 17.00 223,1
• 1,001.00 t0 E.CCp.vv 2.21 :0432 19.0m.va t0 11.10609 )32.01 v.0 701/523 u4.90
1,1140 to 640040 519:30 3t 34:33 33:091:00 to 33.000 0 3RA1 17.10 19.00
140140 to 5.000.00 17.45 226.1
]401.[0 to L00AO 1.m 1.3 10.71 71.001.00 to 51,00,00 32140 1.15 10.10
0.001.as:6 1.01.80 31:30 ].1 16.51 /1.001.00 5a 19.m0.vo 11,1 U.1 412.50
9.001.00 to 1,00°.00 10.30 3.73 19.41 15.0°5..0 1 56.000.00 113.00 19.0 14.1
19.00100 to 11.000,00 80.5 4. 7 1Ln /441100 to 15.01.00 164.0 1.20 232.1
51401.011 to 53400.00 92.30 a,65 ;043 78.001.80 to 75:400:0 36500)00 50.35 •2]0.55 l
32.00600 N 13,00.1
11.50 4.93 U.01 21.01.00 t0 80.000.00 311.00 5.50
1,0
11.001.00 to 000 1°630 6.1 4.95 10.001.00 le 11,000.00 110.0 5.1 Mt
140701.53 to 1,000.0 114411 3.13 11.e3 /16005.1 to I?40040 119,00 map Yi61
" • 16000.0 W 16000.00 IILSF l 14.13 '6001.0 to /1,000.0 303.0 30,a5 266.1E
O . 1.05.1 to 17.03417 12550 Cu a 79.61 13,001.00 to 01000.00 10540 1.10 238.10
• 10:01.0 to 39:mv.Op:i 11840,tO 6.43 71 ' Ci.53 `.1601.1 to 1.00.00 ]66.0 6:40 Zr_.1
�9 • 19.035.00 to 10400.00 14:.55 7 71 1.11 81.001,03 to 00.000.000 1911 19.10 23610
70.011.00!0 2!,00.00 116.20 1.001,1 t0 BA.Om.00
i 21401.00 to 22.000.00 11.10 1.1 7943 3961 19.1 10.1•
El-
.....ny 32,001.00.to 1,01,00 158.50 ).9] IW.w 00.11.00 to 19.000.00 10.00 1.00 Mu
140540 t0 21.0°.0 11.0 61 14:.91 1.001.00 to 1.575.0 11,1 0.1' to
71.00140 to 13.000.00 1/0.50 1.13 310.0 90.0060 n 11.00.00 0140 1,10 167.90
ma
31.001.00 to 12.00,00 iy,C= 36.b 1.1 •
Toe 991!30 36.0°per 53.0°0.0 132 3210.9 92.001.0 t0 9.3.000.0 612.00 0.fi0 31.0
97.001.0 to 94.10.00 413.90
0 50.005.00 ep !0.00.0 91.11.00 to 95,00.°4 110.1 30.1 211.0
21.00600 to 1.1°.1 111.0 0.A 553.19 91.11.0 to PAT .21.2 .Mpg 2.m !
21,001.00 to 20.00.00 114.1 9:20 119:60 ]1,11.03 to 964 0.00 121.00 21.35 17.5
i
lia.a1
. 20.001.00 to 29.0040 181:30 I 9.15 'I1174:
122,3] I 17.01.0[a 99.000.0 Ilo_m I •
2.421.65 te .'.30.40 ' M7.50 9.1 51119 -`'5=:'/1e:c I.._._671.44 ] a1.�5
31.001.00 m 1601.1 21,1 1 50.10 31.11 too 41[00 1.115P 1101.1 lo f�q.- ��- 1
35001.00 to 13400.0 20650 1043 5362]
1.001.1 to 13.000.00 ;37.90 Se,Sv 177.11,, 111400.0 to 370,00.00
mad
31.11.00 to 1141.40 0 1_L
70-7 ]:.00.00 to 56000.1 12°.0 IL0 143.01 301].00 tar tM first 1100.000.1 plus It a for 0[032
36.00130 b 11400.00 14.30 if 545.93 a3 [lean •
.17.00:40 t 72.600.00 121.02 11.0 140.66 3 +i4. 1!:M^_.03[: 500:::0 t0araca.
4803261:00 to 710000 13340 11.10 151.10
809,_ I u P 704 rl s11.Pm.00 4320 opt•
-✓'_,.,- " 40.001:00 to 61.000.00 143.10 13:5] U7.67 j
Hamel
1600600 It 43.000.00 21.00 13.71 160.16 t1114v roe[nv rb9t t50.v1.07 PI t ii so to 3270
i 12.001.00 to 41.000.00 21100 121' 11740: II iaaftlwal 60,000.0 or trt:tlaa 141m/.
a
31,001.0 to 40,00.00 216.0 1 32;032
i122.1 to 41 54.010.00 260. 11.01 19.13
3:005.00 a 43,01.00 .$0 1..21 Vi Ab in 0261 tivn to too Oa1161nq 1'e,•.It fool. Vv 9[010
31.001.1 to 4.040,00 169,30 3.49 171414 Saranarvv rya mail no Sf and Plan Oink [
342.[.3 47301.PO to '[.000.[0 214.00 53.70 110.11 W 653 la!the 001141329 Parole IcarJ. 'A x411
^*'TM*+^I 46.1140 to 9.000.00 270.10 1.71 IC1to
46.11.00 to 60.000.00 1561 14.15 10340
0=r_.= rn LIVo 0110 0. 11.000.00 In lose _
•
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Date Received 9/22/2432
- - _- �'
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00E41E9 i .r
SEP 2e 'EB 1636 THE BEST LITTLE PP.(NTHpUiE P.]
5544251
_ • TABLE IC. 3-B SPRINGFIELD ELECTRICAL PERMIT FEES
A. AESIOQlTIAL FEES
Residence wiring less than 1000 square feet ,50
Residence wiring exceeding 1000 square feet bat loss than
Ma :2000 square feet 537.50 •
•
Residence wiring 2000 square feet or over €E2.50
Install electrical heat In existing residence '
$15.00
EEO 0. SERVICES
a Temporary construction service $15.06
1
•
. Service change only in existing service • $15.00
>�a
Residential, commercial or Industrial:
__ (1) Service to 100 amperes
`- (21 SaF;ica exceeding 100 amps but not more than 200 amps 537.50
(3) Service exceeding 200 amps but not mare than 400 camps 552.50
^ (41 Service exceeding 400 amps but not mere than 600 amps 575.00
.°s (5) Service exceeding 600 amps 395,50 i
(6) Service exceeding 600 volts 5225.00
installation, alterations or relocation of feeders:
6a.r--rid
(1) Hot mord than 100 amps $15.00 •
•^^'a (2) 6-.ceeding 100 arts but not care teen 200 ems ,°.2.S0
__ (31 Exceeding 200 amps but not more then 400 amps $37.50
(4i Exceeding 400 amps 545.00 - i .-.
a.e.,y (a', Faeuer azceadiny 6011 volts $60.00
C. i4I10ELLAilEUUS
Each trailer or mobile home service 515.00 '
ar
Each .bile home fatter $15.09 -"
onr.1 Each irrigation pump 515.00
re
j
Each electrical sign or outline lighting Si5.05 • .
= One now circuit, alter or extension $15-00
The Car morel nen circuits, Alter or extensions $22.50 "
'°°'� 0. Partial inspection (each inteeetionl'
:moo
kcal nspecsn on no_Ga$15.00 .. .
hill or institu'ticnal inspection 435.60/xvur ... ..
St srtutuny su:..nc,—yc to be added to Sccti cos 1; 'cr one above fEES. ... .•:
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- SEP 88 •88 16:37 THE bts I LITTLE PRINTHOt15E P.8 f
— • 8844251 . •
M •
r TABLE N0. 3-C PLUMBING PERMIT FEES
•
FEE
•
- s• (a) Sink 57.50 .
(b) Lavatory 57.50
(C) Tub (or tits and shower combination) 57.50 •
•sessm (d) Shatter separate from tub • • 57.50
•
(a) H:t¢r elo:ot . . 57.50 . ! .
(Y) Dishwasher 87.50 �
- (g) Garbage disposal • • 57.50 . -
xP` (h) Washing machine $7.50
(i) Floor drain 87.50
I .
t (j) Sanitary Sewer:
- (1) For the first 50 feat $20.00
= . (2) For each additions/ 100 feet or portion thefoul 510.00
..
(k) Hater heater 57.50
Pater saraicc: 1_
H
stare%
- (iI (1) Far the first 50 feet • 515.00 I
wuhurt - • (2) For each additional 100 feet or portion U;roof 815.00
• (m) Stamm end rain drain: • -
(1) For the first 50 feet 520.00 ;" . -
(2) For each additional 100 feet thereof 515.00 I'
mown (r.) Sewage ejector pump and sump pump $7.50 -
1'•
F Co) Special F.ia is aBarMCtCii - -
:
nw y (p) Mabile boa= hock up (Includes sewer and Vital") 535.x" - I
(e) B:chile= prevention devise or antipollution devise - — -
(r) Wash tray .
ffei . 57.50
a (s) Drinking fountain- $7.50 1
•. -51- • - _- - i.
•
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_ SEP 20 'e9 16:39 THE BEST LITTLE P#INTHUSE • P.9 Ti
(t) Janitor sink $7.50 '
•- r (u) Dental lavatory. $7,50 -
. (v) Lawn sprinkler •_ • $7.50 ,
• •
(w) Relocated Building (new fixtures) 320.00•
(x) Single family residence (one bath)' $37.50
•
. • (y) Duplex (one bath each side) 552.50
(a) Additional bath $15.011 '.,■
WMM (ea) Sanitary or storm sewer cap • , $15.00
a
(bb) Any trap or waste not connected to a fl:ture x.50 !
•1..........i . (cc) Any other plumbing installation not otherwise listed in $7.50 •
a this schedule having a sanitary waste or portable water -
- (dd) The minimum plumbing inspection fee shall be: • 325.00
ffssmq
(ae) Partial impaction !co :hail be 525.00
(ff) Aeinapectton 515.00
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Date Received: • 23-4a;
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-�— I ® SE?29 'BB 1639 THE BEST LITTLE FRINTHOtSE P 1
CZTOR
.. X89425; •
M
F TABLE H0. 3-0 - MECHANICAL PERMIT FEES
(a) For the installation or relocation of each forced air or • 6.00
gravity-type furnace or burner, including attached ducts
2
and vents, up to and including 100,000 Btu/h
M• (b) Far the installation or relocation of each forced air or $7.50
M.
gravity-type furnace or burner, including attached ducts
and vents over 100,000 Bin/h
— (c) For the installation or relocation of each floor 36.00 •
• . furnace, including attached daets and vents .•
(d) For the installation or relocation of each suspended MOO
heater, recessed wall heater or .floor-nmunted unit
—1 heater
(e) For the installation, relocation or replacement of each 43.00
appliance vent installed and not included in an
ape ll once permit
• (f) For the repair of, altaratton of, or addition to each 56.00 '
maro boating appllanco, rorrigaration wilt, cooling unit,
. absorption unit, or each heating, cooling, absorption or
- evaporated cooling systee, including Installation Cr
controls regulated by this Cede•
= (g) For the installation or relocation of each bailor, or 56.00• compressor to and ;including three horsepower, or each
real--5 -absorption system to and including 100,000 Ma •
recce
(h) For tho installation or relocation of each boiler or 511.00-
compressor ever Aaron horsepower to and including 15
horsepower, er meth absorption system over 100,000 Btu/h
one including 500,000 Btu/n
.._,-_ (i) For the installation or relocation of each boiler ar 315.00
inten
compressor .over 15 horsepower to and including 30
and ncluding 1,000,000 Btu/h :.y❑ u. over C ,0 - ate,�� �"•
3� .
reossal (4) for the installation or relocation of each bailor or 322.50
= compressor over 33 horsepowar to end including 50
— horsepower or each accretion system over 1.erloslo _ •
eau/n to tad Including 1.75Q,CCC btu/h •
. .•—. •
(h) For the installation or relocation of each holier or 1+77.50
refrigeration compressor over SO horsepower: or .. -
® atter ,o.. errtata _- ^ 1. •9.091 areth ..
ore
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8844251 •
`�'•' (1) For each air-handling unit to and including 10,000 cubic $4.00
-. r feet per minute, including ducts attached thereto.
L NOTE: This fee shall not apply to an air handling unit
which is a portion of a factory-assembled appliance
cooling unit,evaporative cooler or absorption unit for
which a permit is required elsewhere in this Cade. •
•
(m) For each air-handling unit over 10,000 cfm - $7.50
(n) For each evaporative cooler other than portable $4.50
type •
(o). For each ventilation fan connected to a single $3.00
duct
(p) For each ventilation system which is not a portion of $4.50
any heating of air-cooling system authorized by a permit
_=__3 kJ For the installation of each hood which is served by $4.50
�'�1 - mechanical exhaust, including the ducts for such hood
(r) For the installation or relocation of each domestic type $7.50
incinerator
t (s) For the installation or relocation of each commercial or $30.00
industrial-type incinerator
��.
, _w (t) For each appliance or piece of equipment regulated by $4.50
• . this Code but not.classed in ocher appliance categories
or for which no other fee is listed in this Code
• (u) Fuel-gas piping: $2.00
�w, (1) For each gas-piping system of one to four
outlets •
(2) For each gas-piping system of care than $ .50
four outlets, per outlet
•
®.t (v) Air, oxygen or other medical specialty piping:
(1) For each piping system of one to four outlets 52.00
massnsadd
__ (2) For each Dimino system of more than four $ .50
gggg outlets, per Outlet
asesm (w) L.P. Gas tank and piping - $3.00
.�"A (x) Stationary evaporator cooler $4.50
(y) Heat pump $u.00
® Cr) Solid fuel burning appliance-• .?s.. $15.00
(ae) The minimum mechanical inspection fee shall be . $15.00'
bi Re,nspection e.e on
Obi
{cc) Preinstallation tnvestioation, solid fuel appliance - $15.00
m (did) Partial msoec;ion tee snail be: $15.00 - f
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ee44251 TABLE NO. 3-E PLAN REVIEW FEES
(a) Plan Review fees shall be 65: of the building permit fee(s)
required in Table 3-A.
r (b) Electrical, plumbing end mechanical plan review shall be 25t '
. of the fee(s) required in Tables 3.-B, 3-C and 3-E and is charged
• only if the plans are submitted separately from Structural Speciality
Code and Fire and Life Safety Code plans.
•
•
• (c) Additional plan review required by changes or revisions to approved
plans shall he $Z0.00 per hour (minimum charge - one hour).
•
• - - TABLE NO 3-F OTHER INSPECTIONS AND FEES • i
•
•
FEES _
•(a) Inspections outside of normal business $40.00/hour MM . hours
6,6m (minimum charge one hdur) ',-
(b) _ Investigation fee as required $20.00/hour
in 304 (d) (4)
11"4`-°9 • (c) Reinspections $15.00 I
(d) Inspections for which no fee - $15.00
Ia
o is specifically indicated
-a-
. (e) Sideallc or Cush,uc $10.00 Plus 15c per Sec
•
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MDate Received: 7/2 r/of 3J i
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-•P• • 8844251 •
• Ordinance No. 4119
0 AN ORDINANCE PERTAINING TO SYSTEMS DEVELOPMENT FEES, REPEALING ARTICLE
II OF CHAPTER 2 OF THE SPRINGFIELD CODE 1965, ENACTING A NEW ARTICLE II OF
f CHAPTER 2 PERTAINING TO DEVELOPMENT FEES AND THE USE OF THE REVENUES THERE-
•
FROM AND DECLARING AN EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: .
Section 1: Article II of Chapter 2 of the Springfield Code 1965 is .
hereby repealed.
Section 2: There shall be added to the Springfield Code 1965 a new
Article II of Chapter 2 numbered and reading as follows:
'ARTICLE II.- SYSTEMS DEVELOPMENT FEES.
2-11-1 Need - Findings: The Common Council does hereby find and '
MEM determine as follows:
(1) Because of rapid growth and development, the City of
Springfield has incurred needs for capital improvements
of in excess of 514,000,000 estimated as follows:
Mo,
raiii,al (a) Sanitary Sewers 4 , 00,000
�, (b 3
) Storm Sewers 3,5500,000
• (c) Arterial 8 Collector Streets and • i
Right-of-Way Acquisition • 2,500,000
(d) General Systems Needs 2,450,000
(2) That the above are general systems needs which cannot be •
n- specially assessed to the property owners and are occasioned
largely by growth and development and the need for new
housing. That the local improvement district and special — .
assessments cannot, in most cases. be utilized to finance
® such needs but will be used in all other cases where
--- appropriate and authorized. •
MEM (3) That the'touncil has reviewed and considered numerous other • .
financing methods including, but not limited to, user fees,
• revenue and general obligation bonding, federal and state
grants, tax increment financing and title transfer taxes.
( (4) That the Council has determined that approximately three
:_.. fourths of the needs:should be financed by revenue or .
EEO - general obligation bond financing and through current
budgeting processes•and that the vat appropriate way, con. ..
J J - sidering housing needs and the capital needs, of providing
the remaining one fourth of the estimated needs is by the
.yatems Aevzicce8nt charges herein provided fo r. Tint !mil r
MEM bond financing will be submitted to the people for approval
e\ at the earliest practicable dace.
® . . . .. _
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Date Received: p�s//10/i
_ _
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•
8844251 T
Ord. No. 4119 Page 2
•
EMI M i •
• (5) That user fees are already being exacted for sewer use and
such fees and such charges are expected to be increased so .
Wi
F—
I 1 greatly by the Metropolitan Wastewater Service District to
ea we. a point where additional Charges would be difficult to
- justify. That water and electric user charges have both
•
legal and practical difficulties (of collection) which, with
rising costs and rates in such areas appear to the council
• to more adversely affect low income groups and housing than I '
Si the proposed charges.
. t
(6) That the City of Springfield cannot impose tax increment ( .
=9 financing without a vote of the people by charter provision
and in addition since it has increased in pooulation an from •
10,000 in 1950 to 42,000 in 1978 its areas in older areas of use'
the City would not attack the major areas of problems and �- •
- needs. ) .(7) That a land transfer tax for this community would not :.
i -•- ^d adequately provide for imposing the charges in areas where
_ the problems/needs are created.
fflia2aval (8) That in the absence of such additional revenues the housing
needs of the community will not be met because of a lack of f,
- - facilities to serve. - i :
atiiii
(9) That the Council has therefore found and determined that the
fees herein provided are (with bond financing and use of
- current budget processes) the most appropriate and equitable
manner of providing housing and for the capital needs of the
• commnity. ' . -
['
eged_. -- 2-11-2 Definitions: As used in this Article the following words and phrases _-
mean:
(1) Development - Development of real property, including instal-
lation on a site of a structure built elsewhere and construction G-
ss s5; that includes assembling on a site of components manufactured -
elsewhere. =
meLmd (2) Owner - Beneficial owner. i
MSTOgi_� • (3) "Value. jg
•
550 , (a) As to development proposed or commenced but not completed, ••
estimated costs of the development as de_e-lined,by the ( _ --
building official and indicated by the building permit for the development. 1
_ � '",: . .
_—_ - (b) As to unimproved land or completed development, the value / I
as ascertainable from the records of the Lane County C
n
Ass p„cr the valn of tht land and of whatever - -
,. a
amxismi .. e:
improvements comprise the development, or, if not so
rsolomm
• • ascertainable, as established by the building official. y
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Date Received:_• ter'Ien3
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- 8841251
-
Ord. No. 4119 Page 3
(c) As to the installation of a mobile home upon a site,
the value shall be established by the Superintendent of
r Building or his icialsshall de a hereinafter provided.
The building official shalt determine the value as based
on the costs of manufacture if the mobile home is less
than one year old, and of the valuation established by
the County Assessor if more than one year old. In the
event of a disagreement as to which value should apply,
E the highter of the values of the costs of manufacture or
assessed value shall be used for the purposes of establish-
- ing the value(s) upon which the systems development fee
®e• will be charged. If no evidence of value is submitted,
1222227
- the Superintendent of Building, or his representative, i.
shall establish the reasonable value. ' In mobile home i
Ma parks, the owner of the mobile home park shall be respon-
sible for submitting the evidence of values for each
cep installation within the park. -
2-11-3 Systems Development Fees - Rates and Charges. Except as hereinafter
i
i specifically provided, the owner of land upon which application is made for i
governmental authorization of development on or after the 7th day of
• June , 1979, shall pay the City a systems development fee computed as
follows:
(1) 1.S% of the value-of the proposed development as to all i
development caking place within the boundaries of the City
as they existed on the effective date of this ordinance and I
,a - as they may exist in the future.a. ;•
(2) One cent per square foot of land oy the owner of property
-
ntanN -- . annexed to the City on and after the effective date of this i
- ordinance until January 1, 1982.
(3) 1.58 of the assessed valuation of improvements upon the land
plus one cent per square foot of land annexed to the City
-- after January 1, 1982.
- "= - (4) The fees provided in (2), (3). and (5)(b) and (c), shall not
be payable on property annexed until the property is trans-
ferred by the owner after annexation, at which time the fees
eFell toemia immediately due and oavable.
(5) Mobile homes shall pay a fee, in addition to the set up fee ('
seei
aavamd for mobile home installations, equal to 1.53 of the value
- - established as provided in 2-11-2 (4)(c).
- (a) The fee shall be paid by the owner of the mobile her.*
' except in mobile home narks where the owner of the par%
shall pay such fees for each mobile home installation
within the park. is • i
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. 5844251 T
Ord. 90. 4119 Page 4
(b) As to mobile homes upon property annexed after the-
• effective date of this article and before January 1,
gMg 17 1982, the owner of the mobile home or the owner of the
.• • mobile home park in which it is installed, shall pay -
_ . a fee of one cent per square foot of land only as
• provided in 2-11-3(2).
a3 (c) As to mobile homes upon property annexed after January
1, 1982. the fee of one cent per square foot of land
shall be paid by the owner of the mobile home or the •
owner of the mobile home park in addition to the fee
of 1.5% of the value as provided in 2-11-3(3). ..
M. (d) These fees shall apply only to the initial installation(s) . . I"
- and nothing herein shall be construed as requiring payment i• of the systems development fee for an installation more ;
,, „� than once. - • i
I-
2-11-4 Allocation and Use of Revenues. Revenues derived from the systems I ,
rAt 1 • development fees hereinabove provided and will be devoted 445 to the Sewer
Connection Fund for storm sewer and sanitary sewer construction and reconstruction; ,.
`1 285 to the Development Fund for use of right-of-way acquisition and street con-
struction and reconstruction; 28% to new City building, facility, and equipment
requirements. Proceeds from such fees shall be identified in the accounts of the ,;
City separately from other City funds and shall be expended only for increasing •
■MZEQ and improving the public thoroughfares, increasing and improving the capacity j. .: •
• of the system of sanitary sewerage that serves the City, increasing and improving ( -
-, , the drainage system that serves the City. providing for other general capital
improvements, and defraying administrative costs of collecting the fees. - r, •
•
f - • 2-11-5 Systems Development Fees - Exceptions, Qualifications. The following_ I- ,-. ,
-- properties, uses or activities will be exempt from the fees and charges provided 1' •
in this Article:•
--- 7.-t, •
i.; .
(1) Alterations a will rels of single family dwellings wherein
• the structure will remain a single family dwelling after such r.
• alterations.
erreeet , --. _ -.
1j - (2) Alterations or remodels of multiple family dwellings wherein !'
- I awes lino units are created as a product of such _..
— alterationsj • . .
MEEEA -. (3) Alterations or.remodels of commercial or industrial properties i
•
. wherein no additional enclosed square footage area is created.
(4) Buildings rebuilt for the same use within two years following E -destruction by fire or natural disaster.
eeemem
(5) Buildings built for the same use following demolition in . cr, t -
'>� anticipation of rebuilding with new construction to commence :
— within two years of the demolition permit.
:,ate
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Date Received: 9/2-rAe 3
r.Y, r— 8844251
M Ord. Ho. 4119 • Page 5
P_
-- (.:0 M (6) Temporary structures connected to sewer systems for no longer
NiMi•.
than days. Extensions may be granted for periods.of no
longer r than 180 days by the Building Department.
•
I.
2-11-6 Systems Development Fees - Payment.
(1) The development fees required under this Article are due and
payable upon the issuance of a building.permit for the develop-
ment or a permit for connecting the development to the sewer
system of the City, whichever Is issued first except as here-
ME inafter provided for the fees payable upon annexation.
arcEei . (2) The fees provided for in 2-11-3 (2) and (3) shall become
l> payable upon the City Council's consideration of the ordinance •
effecting the annexation, except as provided in 2-11-3 (4).
(3) The fee is a personal obligation of the owner of the land on
EMI which the development is made and of the owner's heirs and •
. assigns, with payment of part or all of the obligation by {'
any of them reducing the obligations of the others by the
IgN - amount of the payment. Any amount due the City as a fee under .
this Article and delinquent may be declared by the Finance
Officer to be a lien upon the property for which the permit is
Gets issued. The City may enforce payment of the amount by fore- •
aclosure of the lien in any manner authorized by law. .
(4) If a development is commenced without a valid permit, an •
""-- • occupancy permit shall not be issued until the fees required
m - by this article have been paid. - -."' . -•
r n°
.�..� (5) The Finance Director or his authorized representative or
representatives may collect the fee by legal action in the _ '
C name of the City in a court of competent jurisdiction or by t
F�
e establishing a lien for the tax on the property and enforcing • .`
ra
-. the lien as provided in subsection (3) of this section. f •
® 2-11-7 Systems Development Fees - Where Building Permit Not Rewired. If _'
a development is made without a building permit, the owner of the land on which -
.-
-"-"� the development is located shall nonetheless pay the systems development fees, - I
- computed under Section 2-11-3, and the owner or person who makes the development _ - - I•
_ .nail anti f., the Public Works Department in advance of the time when the develop- t
- meet is co be comreoced. The fee shall be pair: byre 'flu ee, ..p l ..
ment may not be served by sewerage or drainage facility or the City until the I` '-
1 systems development fee has been paid. C - -
i - 2-11-3 Review of Rates, Fees and Revenues. The Common Council shall review, r_- -_'-'••
- -- at least biennially, the rates and fees established herein, together with the. f,,
- eyenve ornduced therefrom and required to carry out the purposes expressed in F`,_` _ •
MEM • to is article. ! i
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fJLTNNOr. . . . • I
Ord. No. 4119 Page 6 '
Section 3: It is hereby found and determined that matters pertaining to
systems development fees are matters affecting the public safety and welfare
of the City of Springfield and that an emergency exists and this ordinance
shall therefore take effect innediately upon its passage by the Council and
approval by the Mayor. '
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Adopted by a vote of -4- for and -2- against this 4th day of June,
I 1979.
Approved by the Mayor this 7th day of June 1979.
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