HomeMy WebLinkAboutPermit Correspondence 2002-10-3
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MEMORANDUM
Citv ofSorine:field
DATE: October 3,2002
TO: Mary Jean Payne, Accounlant V"
Lisa Hopper, Building Safety Coordinator
FROM: Pamela J. Ownbey, P.E. Civil Engineer
SUBJECT: Deferral Agreements for Systems Development Charges (SDC's)
Attached is a recently executed SDC Deferral Agreement for your use.
Our current deferral program allows a short-term deferment during building conslruction
of that portion of the SDC's that exceeds $10,000.00. The Agreement is used when
requested by the applicant, and is executed when building permits are issued. The
balance of the SDC's are due and payable prior to occupancy approval for the building.
When the balance is paid, we record a release document with Lane County to show that
the terms of the Agreement have been satisfied.
I Applicanl
I PacificSource Health Plans
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Dale filed
I 1/20/02
Localion
110 International Way
Deferral Amounl
$ 113,051.85
If you have any questions, please call me at 1028.
V:\developement review\SDC\DEFERALS\Pacific Source Deferral Memo to Mary Jean Payne.doc
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iRECOIRIDl~~'~G STAMIP
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: AFTER RECORDING RETURN TO:
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LIEN
SYSTEM DEVELOPMENT CHARGE
AGREEMENT FOR DEFERRAL
This executed Agreement is to be recorded at Applicant's expense by the City of Spr ngfield at
Lane County Deeds and Records Office.
PARTIES:
City of Springfield, and
Development Applicant PACIFICSOURCE HEALTH PLANS
Development Project: PACIFICSOURCE HEALTH PLANS CORPORATE HEADOl ARTERS
more particularly described in Exhibit .One" which is attached hereto and incorporaltd herein by
this reference. .
RECITALS:
WHEREAS, the City of Springfield, pursuant to Oregon Revised Statutes 22:,.297, et seq.,
"System Development Charges," has enacted, "System Development Charges," of t le Springfield
Municipal Code; and
WHEREAS, the purpose of the System Development Charge is to impose all equitable
share of the public cost of capital improvements upon the activity of development th It 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, appl oval of
development application for development not requiring the issuance of a building Plmit' 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 th the City
Manager or the Manager's designee may require payment in full or that provision fo ' payment
satisfactory to the City has been made; and
WHEREAS, Section 3.412(4) of the Springfield Municipal Code provides the t any provision
for payment satisfactory to the City which includes providing an obligation to pay thl! unpaid
System Development Charge and interest thereon, shall be secured by property, b< ,nd, deposits,
letter of credit, deferred payment agreement, or other security acceptable to the Cit , 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; 3nd
WHEREAS, Development Applicant has requested deferral of the System ['evelopment
Charge for the above-referenced development project in the mariner hereinafter st, ted.
NOW, THEREFORE, City and Development Applicant agree that the Syste n Development
Charge will be paid in accordance with the following terms and conditions:
1. DESCRIPTION OF PROJECT: Construction of clffice building alJld parking lot.
2, SYSTEM DEVELOPMENT CHARGE: $123,051.85
System Development Charge Agreement for Deferral
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3. DEFERRED PAYMENT SCHEDULE: The System Development Charge specified
in Paragraph 2 shall be paid by the Development Applicant in accorda Ice with the
following schedule:
(a) The sum of $ 10,000.00 (TEN THOUSAND AND NO/100 DOL ~ARS) is to
be paid allhe time the City issues the initial building permit.
,(b) The sum of approximately $113,051.85 (ONE HUNDRED THI~TEEN
THOUSAND FIFTY ONE AND 85/100 DOLLARS) is to be paid at the cDmpletion of construction
as determined by the City. City will notify Development Applicant that the payment i~ due.
, (c) In the event that Development Applicant fails to make the paylent 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 Developmer t Applicant
fails to make the payment required by subparagraph (b), no final occupancy approva will be
issued.
(d) Development Applicant shall have the right to prepay the oblig Itions 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 C~arge set forth
in this agreement, I/we expressly waive any and all errors, irregularities or defects, jyrisdictional 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 methodol011gy of the
charge.
5. DURATION: This agreement shall continue in perpetuity. This agreefTIent is
intended to and does attach to and run with the land affected herein. This agreeme~t is binding on
the undersigned landowners, PACIFICSOURCE HEALTH PLANS, person(s) claimi.~g under it. It '
is the intent of PACIFICSOURCE HEALTH PLANS, land owner(s), to create a contip,uing
obligation and right on the part of themselves and subsequent owners of the subjectlland. The fee
is a personal obligation of the owner of the land on which the development is made ~nd the
owner's heirs and assigns, with payment of part of or all of the obligation by any of It em reducing
the obligations of the others by the amount of the payment. '
6. MODIFICATION: Neither the owners nor their successors in interes 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 Develop~ent Applicant
fails to pay the System Development Charge as required by the terms and condition 5 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 paYIl ent schedule
set forth in Paragraph No, 3, as specified in this agreement, upon the real property l pon which the
project is constructed, and that such lien may be foreclosed by the City of Springfiel.j in
accordance with the procedures set forth in Oregon Revised Statutes 223.505 et. S"q. and City of
Springfield lien foreclosure procedures as set forth in the Springfield Municipal COdE.
8. The real property on which Development Applicant will construct the project is more
particularly described and set forth in Exhibit "One", 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 acti6n or
proceeding shall pay to the prevailing party all reasonable costs and expenses, incl~ding
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 recoJers a judgment
in any such action, proceeding, or appeal, such costs, expenses, and attorneys' fee~ and
disbursements shall be included in and as a part of such judgment. I
DATE: N~ 2D, 2.o0"Z-
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PACIFICSOURCE HEALTH PL ANS
By 1Mf!f!/'
Name: 'Ke.J,.)€'11-I .p f'1Lo VGfJc..t-/Cf',-
Title: j?p"", . C !
J ....:? 10000T "1'" E7.>
STATE OF OREGON )
) S.s.
COUNTY OF LANE ) ,
System Development Charge Agreement for Deferral
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B'3fore me thi~ "t IJ - day of N iJ V ~ llot IJRr ;;.. ' 2002, person~lIy appeared
.K~ilIlAlil 1//Jnl/et1CCwr ,beingthe~iltlellf" (!,ED ofPaqificSource
Health Plans, to me personally known and known to the person who executed the fo: egoing
document and he (she) aCknOWI~d9~,d~hathe (she) ,~x~~uted the same.
'. OFFICIAL SEAL ///~). './ .t,II.-J
~..' ) JOAN PROULX ~ ALA'-1JYl I _ I
'. / ,NDTARY PUBLIC - OREGDN , ,;,. .. . .' . -
'" ,,' COMMISSION NO. 343316 My commlrsslon expires: fl' hvtl 0-4'd :J S .,::;} 006
, MY COMMISSION EXPIRES FEBRUARY 25, 2005 \ '
DATE: II - 2.0 - 02.
BY: Xa~~~
CITY OF SPRl1i3FIELD L.J
System Development Charge Administr Itor
STATE OF OREGON ) ,
) 5.5.
COUNTY OF LANE ) ,
Before me this 20rll day of NotleI'fP'/!i.R- .2002, personally appefred
PAM<'-LA 6~",R'r' , to me personally known and known t9 the person
who executed the foregoing document and he (she) acknowledged that he (she) executed the
same.
OFFICIAL SEAL
.. DENNIS P ERNST
, " N01ARYPU8UC.OREGON
\,./ COMMISSION NO. 333877
, ,,' I<<CO/.IMlSSlON EXPIRES APRIL 20. 2OIl4 ,
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20, Z,oo'Z-,
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Notary of Oregon
My commission expires: Aptll"-
System Development Charge Agreement for Deferral
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