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Home My WebLink AboutPermit Building 2004-12-2 Status Issued CITY OF SPRINGFIELD' Building/Combination Permit PERMIT NO: COM2004-01268 ISSUED: 12/02/2004 APPLIED: 10/13/2004 EXPIRES: 06/02/2005 VALUE: $ 297,290.00 225 Fifth Street, Springfield, OR 541-726-3753 Phone 541-726-3676 Fax 541-726-3769 Inspection Line SITE ADDRESS: 869 W CENTENNIAL BL ASSESSOR'S PARCEL NO.: 1703274305806 Springfield TYPE OF WORK: Commercial Miscellaneous TYPE OF USE: New Commercial PROJECT DESCRIPTION: Car wash and coffee kiosk. Owner: FULTON INTERNATIONAL LLC Address: 1944 HEITZMAN WAY EUGENE OR 97402 Phone Number: 541-913-1619 I CONTRACTOR INFORMATION I Contractor Type Contractor License Expiration Date Phone General EVANS BUILDING CO. 63898 03/01/2007 541-485-8071 Electrical JB ELECTRIC 104929 03/14/2008 541-687-5770 Engineer OLSON & MORRIS 541-302-9740 Mechanical COMFORT FLOW 460 06/27/2005 541-726-0100 Plumbing DICK BAILEY PLUMBING CO 107255 06/29/2006 541-344-6996 I BUILDING INFORMATION I # of Units: Primary Occupancy Group: Secondary Occupancy Group: Primary Construction Type Secondary Construction Type: # of Bedrooms: S-1 # of Stories: Height of Structure Type of Heat: Water Type: Range Type: Energy Path: Sprinkled Building: 1 Lot Size: 26.50 SqFt 1st Floor: Sq Ft 2rid Floor: Sq Ft Basement: Sq Ft Garage/Carport Sq Ft Other: n/a Occupant Load: 3,360 VB I DEVELOPMENT INFORMATION I REQUIRED PARKING Front yard Setback: Side 1 Setback: Side 2 Setback: Rearyard Setback: Solar Setbacks: Overlay Dist: # Street Trees Rqd: Paved Drive Rqd: % of Lot Coverage: I',-'-TENTION: Oregon law requires you to , ,- .1__~.-J h.. ..h" ('\.-"'"..." 1ltilitV I \.v I u,,-, .. ......-.....('""":,.... _.. .- J _ . I PUBLIC IMP~OVE.M~:lX\Il~nter. Those rules are set forth j,. ~,.11 952-001-0~QJij.~<fkIOO O~R 952-001- C ;.JO. You may obtain copie$ gf the rules by calling the centd?oWJ8t@Pt~rewpA'lOne number for the Oregon Utility Notification Center is 1-800-332-2344). Total: Handicapped: Compact: f \. ~ - I~~'" ;; ~ '~ /", -- '" ,/~. ,_'/ c,' '''. Street Inip'rov~fnents:, " ( /hW.',",':llf Sft. Storm Se,wer, Avalhible: . '/J,LL [vp . t'III'II...-;, -- ~ ulVD . 1'\, 'IRE SpeciaU/nstructiY!.iD 0 1:19 (HI IF hiE lfJU D/J,y R IS /JB SPERA WOR Notes: PEfi/OD I AfVDOIVC-DV/lr IS NOrk . C FOR Pae:e 1 of 5 Status Issued 225 Fifth Street, Springfield, OR 541-726-3753 Phone 541-726-3676 Fax 541-726-3769 Inspection Line I Valuation Description I Description Type of Construction Estimate Modular Use Bid Amount $ Per Sq Ft or multiplier $1.00 $1.00 $1.00 Square Footage or Bid Amount 213,490.00 20,000.00 63,800.00 Estimate Modular Unit Paving Total Value of Project ~ CITY OF SPRINGFIELD' Building/Combination Permit' PERMIT NO: COM2004-01268 ISSUED: 12/02/2004 APPLIED: 10/13/2004 EXPIRES: 06/02/2005 VALUE: $ 297,290.00 Value , $213,490.00 $20,000.00 $63,800.00 $297,290.00. Date Calculated 11/18/2004 11/18/2004 11/18/2004 Fee Description Amount Paid Date Paid Receipt Number Plan Review CommlInd/Public $756.37 10/13/04 2200400000000001282 -Mechanical Issuance Fee- $10.00 12/2/04 2200400000000001470 + 10% Administrative Fee $204.88 12/2/04 2200400000000001470 + 7% State Surcharge $113.65 ' 12/2/04 22004000000000~1470 Backflow Device $28.00 12/2/04 2200400000000001470 Building Permit $936.15 12/2/04 2200400000000001470 Fixture $196.00 12/2/04 2200400000000001470 Furnace - Unit Heater $12.00 12/2/04 2200400000000001470 Minimum/Adjustment Mechanical $33.00 12/2/04 2200400000000001470 Modular Building $185.40 12/2/04 2200400000000001470 Paving $425.25 , 1212/04 2200400000000001470 Plan Review CommlIndlPublic $29.58 12/2/04 2200400000000001470 Sanitary Sewer - 1st 50 Feet $45.00 12/2/04 2200400000000001470 Sanitary Sewer Each AddtI 100' $42.00 12/2/04 2200400000000001470 SDC Transpo Improvement $10,000.00 12/2/04 2200400000000001470 Storm Sewer - 1st 50 Feet $45.00 12/2/04 2200400000000001470 Storm Sewer Each AddtI 100' $28.00 ,12/2/04 2200400000000001470 Water Line -Ist 50 Feet $45.00 12/2/04 2200400000000001470 Water Line -Each Addtl100' . $28.00 12/2/04 . 2200400000000001470 , Total Amount Paid $13,163.28 'I Plan Reviews' , Page 2 of5 " ':'.' CITY OF SPRINGFIELD' Building/Combination Permit Status Issued PERMIT NO: COM2004-01268 225 Fifth Street, Springfield, OR ISSUED: 12/02/2004 541-726-3753 Phone APPLIED: 10/13/2004 541-726-3676 Fax EXPIRES: 06/02/2005 541-726-3769 Inspection Line VALUE: $ 297,290.00 Fire Department Review 10/14/2004 11/01/2004 OK GRG Plan Review: Self-service car wash. Job #COM2004-01268. Occupancy Classification: B. Construction type: V-No 3360 sq. ft. Provide address numbers in contrasting color from the background positioned plainly visible and legible from the street or road fronting the property (1998 Orego'n Structural Specialty Code 502 and 2004 Springfield Fire Code 505.1). Provide fire extinguishers with a minimum rating of 2-A:I0-B:C every 75 feet of travel distance. The top of the extinguisher(s) shall be between 3 and 5 feet above finished floor (2004 Springfield Fire Code 906). Fire Department Review 10/18/2004 11/01/2004 OK GRG Drawings C2-C6. Site Plan-separate submittal. See DRC Comments dated 7/20/04 Initial Review 10/1412004 10/14/2004 APP SKG Planninl! Review 10/14/2004 WE EMM Waiting for final site plan and development agreement Planninl! Review 10/18/2004 11/2212004 APP EMM Drawings C2-C6. Development Agreement Signed. Project to be built as per approved site plan dated 11/18/04. No changes have been approved. Changes may require a Site Plan Modification application. Public Works Review 10/18/2004 10/22/2004 APP SB Drawings C2-C6. SDC's added. LDAP already issued. Encroachment permit application required if any work is performed in the City Right-of-way, or in Public Utility Easements. Public Works Review 10/14/2004 10/22/2004 APP SB Structural Review 10/14/2004 10/15/2004 WE JMP See attached structural review faxed to Dan Fulton. Structural Review 10/18/2004 10/18/2004 WE JMP Drawings C2-C6. Still waiting on items listed in structural comments. Structural Review 10/25/2004 10/26/2004 10 JMP WE. Received kiosk tie down information in the mail from Dan Fulton. Pal!e 3 of 5 CITY OF SPRINGFIELD' Building/Combination Permit PERMIT NO: COM2004-01268 ISSUED: 12/02/2004 APPLIED: 10/13/2004 EXPIRES: 06/02/2005 VALUE: $ 297,290.00 Status Issued 225 Fifth Street, Springfield, OR 541-726-3753 Phone 541-726-3676 Fax 541-726-3769 Inspection Line Structural Review 10/2912004 10/29/2004 10 JMP Structural Review 11/15/2004 11/15/2004 10 JMP Structural Review 11/17/2004 11/17/2004 10 JMP Structural Review 11/18/2004 11/18/2004 10 JMP Structural Review 11/23/2004 11/23/2004 10 JMP Structural Review 11/2412004 11/24/2004 APP JMP SUB Review 11/02/2004 11/15/2004 APP JF SUB Review 10/1412004 10/22/2004 WE JF SUB Review 10/18/2004 10/22/2004 WE JF WE. Received from Ken Evans a cover letter, revised structural calculations, metal building drawings, and energy code forms. WE. Received from Ken Evans the vacuum canopy calculations. WE. Received incomplete Special inspection forms and a plumbing plan from Ken Evans. Notified him of items still outstanding. WE. Received fax from Ken Evans with revised restroom drawing and statement about minimum freeze protection. Dan will deliver drawings and sign special inspection forms next week. WE. Received from Scott Morris revisions to site drawings. Adjustin~ plumbing information and fees. WE. Received from Dan Fulton the 7 Star drawings of the vacuum canopy and structural calculations. Requested in an em ail to Dan and Jim the foundation drawings and calculations and direction for permitting. Ken asked for the permit with the canopy as a deferred submittal. Received steel drawings and energy code forms. Lighting approved. JMP requested energy code forms in 10/15/2004 structural comments and followed up with email reminder today. Drawings C2-C6. Waiting for balance of energy code forms. To Request an inspection call the 24 hour recording at 726-3769. All inspection requested before 7:00 a.m. will be made the same working day, inspections requested after 7:00 a.m. will be made the following work day. ~eouiredJnSDections . Site Inspection: To be made after excavation but prior to setting forms. Erosion/Grading Inspection: After all erosion measures are in place. Rough Mechanical: Prior to Cover Final Mechanical: When all mechanical work is complete. SUB Insulation Vapor Barrier: To be called for at the same time as the SUB framing inspection. SUB Final: After all required energy inspections have been requested and approved. SUB Plumbing: Following City Rough Plumbing inspection approval and prior to cover. Pae:e 4 of5 . ~~~~!~,~flJ~~~~j,~,~,,~", t '. " Status Issued CITY OF SPRINGFIELD - Building/Combination Permit PERMIT NO: COM2004-01268 ISSUED: 12/02/2004 APPLIED: 10/13/2004 EXPIRES: 05/02/2005 VALUE: $ 297,290.00 225 Fifth Street, Springfield, OR 541-726-3753 Phone 541-726-3676 Fax 541-726-3769 Inspection Line Backflow Device: Prior to covering and provide a copy of the test report on site at the time of inspection. By signature, I state and agree, that I have carefully examined the completed application and do hereby certify that all information hereon is true and correct, and I further certify that any and all work performed shall be done in accordance with the Ordinances of the City of Springfield and the Laws of the State of Oregon' pertaining to the work described herein, and that NO OCCUPANCY will be made of any structure without permission ofthe Community Services Division, Building Safety. I further certify that only contractors and employees who are in compliance with ORS 701.005 will be used on this project. I further agree to ensure that all required inspections are requested at the proper time, that each address is readable from the street, that the permit card is located at the front of the property, and the approved set of plans will remain on the site at all times dU~~ /' / 1 ~ ;2 -/}e:e>t/ ~wner 0 Contractors Signature 9nate I ::: / Pa2e 5 of5 CITY OF SPRINGFIELD' Building/Combination Permit Status Issued PERMIT NO: COM2004-01268 ISSUED: 12/02/2004 APPLIED: 10/13/2004 EXPIRES: 06/02/2005 VALUE: $ 297,290.00 225 Fifth Street, Springfield, OR 541-726-3753 Phone 541-726-3()76 Fax , 541-726-3769 Inspection Line SUB Mechanical: Following City Rough Mechanical inspection approval and prior to any cover. , SUB Ceiling Grid: Interior Lighting SUB Exterior Lighting Ufer Electrical Ground: Install ground rod at footing and call for inspection in conjunction with footing and/or foundation inspection. Footing: After trenches are excavated. Slab: To be made after all inslab building service equipment, conduit piping and other equipment items are in place but prior to concrete. Framing Inspection:, Prior to cover and after all rough in inspections have been approved. . Wall Insulation: Prior to cover. Ceiling Insulation: Prior to cover. Roofing: Prior to installing any roof covering. Drywall: Prior to taping. Masonry: Bolts Installed in Concrete: To be done by a State Certified Special Inspector. Provide inspection test reports to City Building Inspector. High Strength Bolting: To be done during construction by a State Certified Special Inspector. Provide inspection results to City Building Inspector. Final Fire Department. After all requirements of the Fire Department have been met. Final Modular Set Up: After all required inspections have been requested and approved and project is complete. Final Building: After all required inspections have been requested and approved and the building is complete. Rough Grading: After gravel is in place but prior to placing concrete. ' Final Paving: After paving is complete. Underslab Plumbing: Prior to filling the trench and including required testing. Perimeter Foundation Drains: After gravel and filter cloth is installed but prior to backfill. Rough Plumbing: Prior to cover and including required testing. Water Line: Prior to filling trench and including required testing. Sanitary Sewer Line: Priorto filling trench and including required testing. Storm Sewer Line: Prior to filling trench. Final Plumbing: When all plumbing work is complete. Backtlow Device: Prior to covering and provide a copy of the test report on site at the time of inspection. By signature, I state and agree, that I have carefully examined the completed application and do hereby certify that all information hereon is true and correct, and I further certify that any and all work performed shall be done in accordance with the Ordinances of the City 'of Springfield and the Laws of the State of Oregon pertaining to the work described herein, and that NO OCCUPANCY will be made of any structure without permission of the Community Services Division, Building Safety. I further certify that only contractors and employees who are incompliance with ORS 701.005 will be used on this project. I further agree to ensure that all required inspections are requested at the proper time, that each address is readable from the street, that the permit card is located at the front of the property, and the approved set of plans will remain on the site at all times during construction. ' Owner or Contractors Signature Date . 1,"1 Page 5 of5 Oc~: 1.5-04 ~; ~~p , -',J ,1. f. 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S'I'! e 1)! .!l;1f . ...2 III s i - "" ....:........: ~. do 00( && .1 u:....... j 11/18/2004 12:22 FAX 5414851735 Evans Building Co. 11.118/04 1'1:41 FEI TESTING FlND INSPECTION INC ~ 5414851735 , l4l 003 NO.1?1 P002/002 P.06 .! ,~ , :: 'l , Ii j, I. III ~ j ~. ~~ ~,l~' ,{ , 1.... (../ -il u3 J ' ~i - -""~ I ' :> ~ Z ~ .. , 1 ' I i:: ~_ !~l~j \ !iO"d ~QO III .ltt-~8Y-~~~ .~DS5V ~ A~~nw NOC dSZ=EO .D-gl~~oO .O~ 8UJPTTng BUWA3 Vt~TS9tTt~ !V~ 1Z;01 tOOl/91/11 S:~l.t5e"'t1:l'5 Relnfotctd Conc:re.e, GUfti'f:, Grollt and Mor'lr: Cona"t~ I Guni{sl I t.awl ~ I I- i PrtclftIPfl!~srrl.Ul!d Concrete: iM'I € P;"~~Tf" ro. To", Cloddlaa. I ~ I I 1"- 'SMOKE CONTROL: uakage t~ujng Conlro' verlfici.ion ROOF'1NG Insl.fatUlI1 i1l5lalla'ionlR. value. TeS'! Urills/teRJl'" SPECIAL lNSPECfION AND TES'fING SCHEDULE rGRADING. EXCAVATION, AND FIL.L- Ac~i>!ance eeSIS · ' PSF Establish f10ar grade --;-~ Fi II p raec:niel1~ in~pecliGnlcofltilluOUS Soil Densily A..iirel!&!e Tl;S1 I)f Mix Desii!ll Reil'lfol1'inr Test .f'y(f~ ~Ililln-Wrirhmsfr Cc:rt.. ~ IiliIfoc i'li PlacemenJ . Cnn'inlltltlf BBtch PI;,"r fn'D ~t Plaeilll ClIM Sa.s Samj;lles (ri;kuplDel{ver~) Com91euion Tes,. ' ?-Gt>>psi J\teret~fe Tesu R.clnfortinll TeSl~ Tudrlll Tut Mix Dulms. ~11l foreu,iPlllcemenl rMlin PllIcemeQf ' ~Ollcrere Blllcl1.i~ C:oncretl!! PIlleemtnl InulIlIatitln Jnsper. i [III Cal SamW!:s . Pkk.llp SJlmpl~ Comtlre.~jjnn TlliJ - FmI:P~OOFJNG: Placement tl1sptlCrion Dl!nsily Tc!u Thick1lcss le51s h15pec! batcf,ing ADDITIONAL INSTRUCTIONS, OTHER TESTt & INSPEcrIONS~ STRUCTURAL STEE[jWELDING~ Sample Inll ItSt (list specific mem~r$ he-low) Shop material idcll.ifrcatiOIl (mlU celt) .- WeJd tnspection _ Shop . filllld -/, Ullr3sanidnspetljon Shop Field V. High 5ftengili boiling Shop V rield ~32S -'-- N X r. A49Q N X . F Me~af deck ...,;jd1nc inspcclion Reinforcing Steel weklillf: illSptction Reinforcing i1eal mill ct'l'Iifiellle Metal stud welding ll\SpeCl ioll .Con'fCIC msen weld\ng in ipecliori Momenl fuislinll slecl framcs STRUCTURAL WOOD: Shear wllllnlliJing inspectiDn Shear waflllnchors ' h\Spec'ion ofOlu.llIm rob, . , Inspection ohrusJ J' oist tllb. 1- , SampJe and test CamPOllell'S FabriclItion wl!ldfn~ of steel aceess~rie5 _ TIC psi :- MASONRY: Spetial inspeclfGfltlress:es L1scd~ _Pm, r& , Preliminllry lIccepmttce 1C.U5 (maiomy unils, wall prisms) Sub~querllleSls (nl~nar, grolll, lietd wall prlslll.l) !'f~c:'cmtn I inspccHon of u ni I~. il"'(~ reillforccmcrI' Mllfonary, monar, gllllJ(. and reinfordng $tee/ c;elti/kat~s , . L \, ~ ~ Form ~ompletcd b.Y~~~leJL/\~ .PROVlDf STntNGTH REQUJRF:O BV ARCHrTECT OR ENGUVEKn OR CONTRACf DoCUME~T lOCATJON OF VI~l,UES .... 'Ct: r.~ Cr, (lIN ril-g . (,1.1:0. I- I.... 0' CO) 1.Jl;':' 10-1 ~C " ,.,'T.I~" V',-""O~~ NNC1I ., 00"'" w........ ~"~ "OC1l ~ o o N :' l' O' '" 0 'I '225 Fift.h StreN Springfield, Oregon 97477 541-726-3759 Phone ty of Springfield Official Receipt, uevelopment Services Department Public Works Department Job/Journal Number COM2004-01268. COM2004-01268 COM2004-01268 COM2004-01268 COM2004-0 1268 COM2004-0 1268 COM2004-01268 COM2004-01268 COM2004-01268 COM2004-01268 COM2004-01268 COM2004-01268 COM2004-01268 COM2004-01268 ' COM2004-01268 COM2004-01268 COM2004-01268 COM2004-01268 Payments: Type of Payment - Check 12/2/2004 RECEIPT #: 2200400000000001470 Date: 12/02/2004' Description Fixture Sanitary Sewer - 1st 50 Feet Water Line - 1st 50 Feet Water Line - Each Addtl 100' Storm Sewer - 1st 50 Feet Storm Sewer Each Addtl 100' Backflow Device Minimum! Adjustment Mechanical Furnace - Unit Heater -Mechanical Issuance Fee- Building Permit Modular Building Paving Plan Review CommlIndlPublic SDC Transpo Improvement Sanitary Sewer Each Addtl 100' + 7% State Surcharge + 10% Administrative Fee Paid By FULTON ENTERPRISES Item Total: Check Number Authorization Received By Batch Number Number, How Received lkw ' 3002 In Person Payment Total: Page 1 of 1 , 2:33:50PM Amount Due' 196.00 45,00 45.00 28.00 45.00 28.00 28.00 33.00 12.00 10.00 936.15 185.40 425.25 29.58 10,000.00 42.00 113.65 204.88 $12,406.91 Amount Paid $12,406.91' $12,406.91 , . ._--.--................................................................................................................................................................................................ .................................................. .' .. " LIEN SYSTEM DEVELOPMENT CHARGE AGREEMENT FOR DEFERRAL This executed Agreement is to be recorded at Applicant's expense by the City of Springfield a.t Lane County Deeds and Records Office. PARTIES: City of Springfield, and Development Applicant DANIEL SCOTT (PANCHO) FULTON Development Project:: FULTON CAR WASH AND KIOSK, 869 W.CENTENNIAL BLVD.; more particularly described in Exhibit "A" which is attached hereto and incorporated herein by this re~ren~. ' RECITALS: WHEREAS, the City of Springfield, pursuant to Oregon Revised Statutes 223.297, et seq., ' "System Development Charges;" has enacted, "System Development Charges," of the Springfield Municipal Code; and WHEREAS, the purpose of the System Development Charge is to impose an equitable share of the public cost of capital improvements upon the activity of development that creates the need for or increases the demands on such capital improvements; and WHEREAS, Section 3.412(1) of the Springfield Municipal Code provides for the payment of a System Development Charge at the time of the issuance of a building permit, approval of development application for development not requiring the issuance of a building permit, or a permit to connect to water, sanitary sewer, or storm sewer systems; and WHEREAS, Section 3.412(3) of the Springfield Municipal Code provides that the City Manager or the Manager's designee may require payment in full or that provision for payment satisfactory to the City has been made; and WHEREAS, Section 3.412(4) of the Springfield Municipal Code provides that any provision for payment satisfactory to the City which includes providing an obligation to pay the unpaid System Development Charge and interest thereon, shall be secured by property, bond, deposits, letter of credit, deferred payment agreement, or other security acceptable to the City Manager or the Manager's designee; and WHEREAS, City through Resolution No. 93-25 has implemented a program providing for the opportunity for Development Applicant to defer System Development Charges; and WHEREAS, Development Applicant has requested deferral of the System Development Charge for the above-referenced development project in the manner hereinafter stated. NOW, THEREFORE, City and Development Applicant agree that the System Development Charge will be paid in accordance with the following terms and conditions: 1. DESCRIPTION OF PROJECT: BUILD NEW THREE-BAY CAR WASH WITH VACUUM ISLAND, FOOD KIOSK, AN OFFICE AND PARKING AREA. SITEWORK TO INCLUDE ADDITIONAL STREET TREES, BICYCLE PARKING, System Development Charge Agreement for Deferral Page 1 of 3 .1. ~ ,\ " 3. : I i i COVERED DUMPSTER AREA IMPROVEMENTS, WATER QUALITY SWALE, AND DEBRIS FILTERS IN PARKING LOT ',CATCH BASINS. ' SYSTEM DEVELOPMENT CHARGE: $42,621.04 \ DEFERRED PAYMENT SCHEDULE: The $ystem Development Charge specified in Paragraph 2 shall be paid by the Development Applicant in accordance with the following schedule: 2. (a) The sum of $10,000.00 (TEN THOUSAND AND NO/100 DOLLARS) is to be paid at the time the City issues the initial building permit. (b) The sum of approximately $32,621.04 (THIRTY-TWO THOUSAND SIX HUNDRED TWENTY-ONE AND 04/100 DOLLARS) is to be paid at the completion of construction as determined by the City. City will notify Development Applicant that the payment is due. (c) In the event that Development Applicant fails to make the payment required, by subparagraph (a), the City Will not issue a Building Occupancy Permit or other approval as defined in Section 3.412 of the Springfield Municipal Code. In the event Development Applicant fails to make the payment required by subparagraph (b), no final occupancy approval will be issued. (d) Development Applicant shall have the right to prepay the obligations set forth in this contract in whole or in part at any time without penalty. (e) Notwithstanding anything contained herein to the contrary, Development Applicant's obligation to p,ay the System Development Charges specified in Paragraph 2 shall apply only in the event that construction of the development project is substantially completed. In the event that the preceding condition is not satisfied, for any reason whatsoever, Development Applicant shall have no obligation to pay any System Development Charge to the City of Springfield and shall be released of any and all obligations under this agreement and the City of Springfield shall execute a document evidencing the termination of this agreement, as described in ' Paragraph 5 below. 4. WAIVER: In consideration for the deferral of System Development Charge set forth in this agreement, I/we expressly waive any and all errors, irregularities or defects, jurisdictional or otherwise, regarding the System Development Charge, including specifically but not limited to errors, irregularities, or defects, if any, in the computation of or underlying methodology of the charge. . 5. DURATION: This agreement shall continue in perpetuity. This agreement is intended to and does attach to a), DANIEL SCOTT (PANCHO) FULTON and run with the FULTON CAR WASH land affected herein. This agreement is binding on the undersigned land owner(s), person(s) claiming under it. It is the intent of DANIEL SCOTT (PANCHO) FULTON, land owner(s), to create a continuing obligation and right on the part of themselves and subsequent owners of the subject land. The fee is a personal obligation of the owner of the land on which the development is made and the owner's heirs and assigns, with payment of part of or all of the obligation by any of them reducing the obligations of the others by the amount of the payment. Notwithstanding the foregoing, this agreement shall terminate and the restrictions, terms and provisions contained herein shall cease to affect the real property described in Exhibit "A" hereto in the event that the System Development Charges specified in Paragraph 2 hereof are paid in full. Upon the occurrence of the preceding condition, the City of Springfield shall execute a document reasonably requested by Development Applicant evidencing the termination of the agreement, which document shall be recorded at Development Applicant's expense by the City of Springfield at Lane County Deeds and Records Office. 6. MODIFICATION: Neither the owners nor their successors in interest may modify, withdraw from or dissolve this agreement without the written approval of the City of Springfield. 7. LIEN: Development Applicant agrees that in the event that Development Applicant fails to pay the System Development Charge as required by the terms and conditions of this agreement, City, in addition to the other remedies specified herein, may place a lien in the amount of the System Development Charge not paid in conformance with the deferred payment schedule set forth in Paragraph No.3, as specified in this agreement, upon the land upon which the project is constructed, and that such lien may be foreclosed by the City of Springfield in accordance with the procedures set forth in Oregon Revised Statutes 223.505 et. Seq. and City of Springfield lien foreclosure procedures as set forth in the Springfield Municipal Code. . .' System Development Charge j ement for Deferral Page 2 of 3 .' ~ p ,. .. 8. The real property on which Development Applicant will construct the project is more particularly described and set forth in Exhibit "A", which is a legal description of the subject property and is attached to and part of this agreement. 9. ATTORNEYS' FEES: If there is any legal action or proceeding between the parties hereto arising from or based on this agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party all reasonable costs and expenses, including reasonable attorneys' fees and disbursements, incurred by such prevailing party in such action or proceeding and in any appeal in connection herewith. If such prevailing party recovers a judgment in any such action, proceeding, or appeal, such costs, expenses, and attorneys' fees and disbursements shall be included in and as a part of such judgment. THE FULTON ENTERPRIZES, LLC DATE: November 24. 2004 By: Name: Title: fNL, /L ~} DANIEL SCOTI WANCHO) FULTON Member STATE OF OREGON COUNTY OF LANE ) S.S. Before me this 24th day of November, 2004, personally appeared before me DANIEL SCOTT (PANCHO) FULTON who did say that he is a Member of FULTON ENTERPRIZES, LLC, and that said document was signed by him in behalf of said corporation by authority of its bylaws, and acknowledged to me that said corporation executed the same. C- ~CLeiO NotarYof ( .'IvS~ My cofnmissio~l(pires: 0)~ J 1(. d,{ftJ8;" i '-"-_' ' OFFICIAL SEAL" .' .' .' 'r} f NANCY MACHADO f , " NOTARY PUBLIC - OREGON . -~ COMMISSION NO. 380103 , ,,____MY COMM~~~~~PIRES JUNE 18;~~~ DATE:. Nov. 24. 2004 BY: j;"l ----- L {) - ~ , OLY-t.J tv · fdP' -~1;;Ia .,~ CITY OF SPRINGFIELD / System Development Charge Administrator STATE OF OREGON ) ) 55: COUNTY OF LANE ) Before me this 24th day of November , 2004, personally appeared Steven W. Beaudry Barnes' , to me personally known and known to the person who executed the foregoing document and he (she) acknowledged that he (she) executed the same. )------.---......."....-. .-, <.-," ,. 'L"'-- _ _ _ __" . . _ OFFICfALSEAL } i NANCY MACHADO ~ ' l NOTARY PUBLIC - OREGON ' , ',,,- COMMISSION NO. 380103 , __~tvr.! ?O.M~~~ON EXPIRES JUNE. 18. 2O~8~ !. ~~ r-. btary I\t.y co ~CLcJJCLd/O If( ~OVe System Development Charge Agreement for Deferral Page 3 of 3