HomeMy WebLinkAboutPermit Miscellaneous 2000-11-1
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SYSTEM DEVELOPMENT CHARGE ~
AGREEMENT FOR DEFERRAL
This executed Agreement is to be recorded at Applicant's expense by the City of Springfield at
Lane County Deeds and Records Office.
PARTIES.:
City of Springfield, and
Development Applicant KENNETH E. GARCHOW,
Development Project: MIDWAY MANOR MOBILE HOME PARK WASTEWATER SEWER
HOOKUP; more particularly described in Exhibit "A" which is attached hereto and incorporated
herein by this reference.
DEf"'ITh'S'
I' V f""\L .
WHEREAS, the City of Springfield, pursuant to Oregon Revised Statutes 223.297, et seq.,
"System Development Charges," has enacted an Ordinance, Sections 2-11-1, et seq., "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 2-11-7(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 2-11-7(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 2-11-7(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, shalf 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; an
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:
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J AFfERRECORDINGRETURNTO, :
i QTY OF SPRINGFIElD. PUBUC WORKS DEPAR1MENf .255 FIFlli STREET. SPRINGFIElD, OR 97477 i
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System Development Charge Agreement for Deferral
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1. DESCRIPTION OF PROJECT: MIDWAY MANOR MOBILE HOME PARK
WASTEWATER SEWER HOOKUP.
2. SYSTEM DEVELOPMENT CHARGE: $54,940.66
3. DEFERRED PAYMENT SCHEDULE: The System Development Charge specified
in Paragraph 2 shall be paid by the Development Applicant in accordance with the
foilowing schedule:
(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 $44,940.66 (FORTY FOUR THOUSAND NINE HUNDRED
FORTY AND 31/100 DOLLARS) is to be paid at the completion of construction as determined by
the City. City wiil 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 Permit or other approval as defined in
Section 2-11-7 of the City Code. In the event Development Applicant fails to make the payment
required by subparagraph (b), no final occupancy approval wiil be issued.
(d) Development Applicant shail have the right to prepay the, obligations set forth,
in this contract in whole or in part at any time without penalty. ' '
4. WAIVER: In consideration for the deferral of System Development Charge set forth
in this agreement, I/we expressly waive any and ail errors, irregularities or defects, jurisdictional or
otherwise, regarding the System Development Charge, including specificaily but not limited to
errors, irregularities, or defects, if any, in the computation of or underlying methodology of the
charge.
5. DURATION: This agreement shail continue in perpetuity. This agreement is
intended to and does attach to and run with the land affected herein. This agreement is binding on
the undersigned landowners, KENNETH E. GARCHOW, person(s) claiming under it. It is the
intent of KENNETH E. GARCHOW, land owner(s), to create a continuing obligation and right on, ,.
the part of themselves ahd 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 orall of the obligation by any of them reducing the obligations of the others
by the amount of the payment.
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 real property 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 Agreement for Deferral
Page 2 of 3
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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 a:;4
DATE: J (""",,1-..::4100 sy. .(~""" .+~f., !-ot'tJkfl J
DEVELOPMENT APPLICANT
STATE OF OREGON )
r.,J: _ J;::) S.S.
COUNTY OFl',)~~
~fore me ,'s [1.l ~y of ~ , . . I-.. ^
IV ~ ,2000, personally appeared
_ t:.~ .r-. ~ / , to me personally known and known to the person who
executed the foregoing document and he (she) acknowledged that he (she) executed the same.
. OFFICIAL SEAL
" rkP.:1V ;, . HAFf=EV
\ .i NOT:'",T.- pU'~L::;' OREGON
............ C(~~..::..:,I~~..:~~ ~.'?- 304064
MYCOMMI~':;iG"' F". ,.' ""UG. 20, 2001
I~~
Notar{of Ore~on
My co~ expires:
/01
DATE: \1 -8- 2.ooCJ BY:~~~?<~~
CITY OF S~INGFIELD U
System Development Charge Administrator
STATE OF OREGON )
) 5.5.
COUNTY OF LANE )
Before me this Rru. day of NoveMI'I'''r/2 ,2000, personally appeared "PAMELA
J. OWNBEY, to me personally known and known to the person who executed the foregoing
document and he (she) acknowledged that he (she) e71ec ted the same.
. ~M~~
Notary of Oregon
My commission expires: . /!tJJ2.L 2CJ, 20C3 ~
I) ~~Msr
, : IlOTARY PU8lJC.0REll0I
\.' COMlIISSION NO. 333871
.W. '1nl1lll'llllMII.....
System Development Charge Agreement for Deferral
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