HomeMy WebLinkAboutPlan, Final CMO 1/31/2008
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
DECLARANT:
PEACEHEAL TH,
a Washington non-profit corporatIon
SITE NAME:
RIVERBEND CAMPUS RIVERBEND
SITE ADDRESS:
City of Springfield, Oregon
AFTER RECORDING
RETURN TO:
PEACEHEALTH
1255 Hilyard Street
Eugene, OR 97401
Attention: Chief FinancIal Officer
SPACE BELOW THIS LINE FOR USE OF COUNTY RECORDER'S OFFICE
Date Received till hA(/P
Planner AL 1/'
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR RIVERBEND
These Covenants, ConditIOns and RestnctlOns ("CC&Rs") are made thiS day of
,2008 ("Effective Date"), by PeaceHealth, a Washmgton non-profit
corporation ("PeaceHealth ")
RECITALS
PeaceHealth owns certam real property m Lane COlmty, Oregon, more particularly
descnbed on the attached Exhibit A (the "Property") PeaceHealth plans to develop the
Property as a mixed-use hospital campus, mcludmg hospital facilities, offices, retail and
other uses In order to enhance the value of the Property, PeaceHealth deSires to establish
certam deSign and development standards for the Property
NOW, THEREFORE, PeaceHealth subjects the Property to the Covenants,
ConditIOns and RestnctlOns set forth below, s31d CC&Rs to nm with the Property and
bmd PeaceHealth, Owners, Occupants and their herrs, successors, and assigns
1. DEFINED TERMS
Throughout these CC&Rs, the followmg terms, when capitalized, shall have the
followmg meanmgs, except when the context reqUires otherwise
1.1 Association
"ASSOCiatIOn" means the RIverBend Tenants' ASSOCiation formed pursuant to
Section 3
1.2 Board
"Board" means the Board ofDrrectors of the ASSOCiatIOn formed pursuant to
Section 3.5
1.3 Busmess Day
"Bus mess Day" means Monday through Fnday and shall exclude Saturday, Sunday
and State or Federal Legal Holidays
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1.4 Common Areas
"Conrrnon Areas" means the areas wlthm the Property which are designated for the
conrrnon use and benefit of all Owners and Occupants The Conrrnon Areas mcorporate
all Conrrnon Area Improvements, to the extent not dedicated to a public entity, located
wlthm the Conrrnon Areas mcludmg, by way of illustratIOn, but not by way of limitation,
the followmg public nght-of-way landscapmg, mcludmg, but not limited to, tree wells or
street trees, sidewalks, dramage ditches, ImgatlOn, any public trail system, entry
monuments, drrectlOnal slgnage and all other general purpose slgnage, and related
lightmg systems and fixtures Attached hereto as Exhibit C IS a map delineatmg the
Conrrnon Areas The Conrrnon Areas may be modified from time to time as provided m
Section 7.2
1.5 DesIgnated Voter
"DeSignated Voter" means that mdlvldual named m a wntten notice given by an
Owner to the Secretary which notice sets forth (a) the address of the Designated Voter for
such Owner, and (b) the number of votes which shall be voted by such Designated Voter
1.6 Development Plans
"Development Plans" means plans for the development of any Third-Party
Improvements
1. 7 Development Standards
"Development Standards" means the standards for Improvmg the Property,
attached hereto as Exhibit B
1.8 DIrector
"Director" means a member of the Board
1.9 EnvIronmental Cost
"EnVironmental Cost" mcludes, but IS not limited to, costs and damages arlsmg
from or relatmg to (I) any VIOlatIOn of, or noncompliance with, any applicable
Environmental Laws, (n) claims for damages, response costs, audit costs, fines, fees or
other reliefrelatmg to matters addressed m any applicable EnVironmental Laws,
- (m) mJunctlve relief relatmg to matters addressed m any applicable EnVironmental Laws,
and (IV) Hazardous Substance Releases Costs and damages as used m thiS Section shall
mclude, but are not lImIted to (a) costs of evaluatIOn, assessment, testmg, analYSIS,
cleanup, remediatIOn, removal, disposal, momtonng and mamtenance, (b) fees of
attorneys, engmeers, consultants, and experts, whether or not taxable as costs mcurred at,
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before or after tnal, appeal or admmlstratlve proceedmgs, and (c) loss or restnctlOn of use
of property
1.10 Environmental Laws
"Environmental Laws" shall mean any and all federal, State of Oregon and local
laws, regulations, rules, permit terms, codes and ordmances now or hereafter m effect, as
the same may be amended from trrne to time, and applicable deCIsIOnal law, which govern
matenals, substances, regulated wastes, emiSSIOns, pollutants, animals or plants, nOise, or
products and/or relate to the protectIOn of health, natural resources, safety or the
environment
1.11 Hazardous Substance
"Hazardous Substance" shall mean any and all substances defined or deSignated as
hazardous, tOXIC, radIOactive, dangerous or regulated wastes or matenals, or any other
srrnllar term m or under any applicable Envrronmental Laws Hazardous Substance shall
also mclude fuels, petroleum and petroleum-denved products
1.12 Hazardous Substance Release
"Hazardous Substance Release" shall mean the splllmg, dlscharge, deposit,
mJectlon, dumping, emlttmg, releasmg, leakmg or placmg of any Hazardous Substance
mto the air or mto or on any land or waters, except m compliance With applicable
EnVironmental Laws or as authonzed by a then-current and valid permit Issued under
applicable EnVironmental Laws
1.13 Common Area Improvements
"Conrrnon Area Improvements" means any rrnprovement placed or constructed m,
under, or upon the Conrrnon Areas, mcludmg, Without limitation, any dnveway, parkmg
area, utility, dramage ditch, fence, wall or bamer, utility dlstnbutlOn faCility, landscapmg,
or slgnage
1.14 Mamtenance
"Mamtenance" means upkeep to Conrrnon Area Improvements mstalled wlthm the
Conrrnon Areas, and the rep31r and replacement of damaged, worn, or failmg Conrrnon
Area Improvements mstalled m the Conrrnon Areas
1.15 Master Plan
"Master Plan" means the terms, conditions, rules and regulatIOns of the Master
Plan applicable to the Property and approved by the City of Spnngfield effective May 23,
2005, as may be amended from time to trrne
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1.16 Occupant
"Occupant" means any Owner, licensee, tenant or subtenant m lawful possessIOn
of all or any portIOn of the Property
1.17 Officer
"Officer" means either the President or Secretary of the ASSOCiatIOn or any
additIOnal person as may be so deSignated by the Board
1.18 Owner
"Owner" means PeaceHealth or the owner of any lot, parcel or portIOn of the
Property or any party m lawful possessIOn of any lot, parcel or portIOn of the Property
pursuant to a ground lease, and any successor of such ground lessee's mterest under a
ground lease
1.19 PeaceHealth
"PeaceHealth" means PeaceHealth, a Washmgton non-profit corporation, Its
successors and assigns
1.20 PreSIdent
"PreSident" means the PreSident of the ASSOCiation, selected m accordance With
Section 3.15
1.21 Property
"Property" means the real property m Lane County, Oregon legally descnbed on
the attached Exhibit A hereto
1.22 Reviewer
"ReViewer" means PeaceHealth
1.23 Secretary
"Secretary" means the Secretary of the ASSOCiation, selected m accordance With
Section 3.15
1.24 Third Party Improvements
"Third Party Improvements" means any Improvements made to any Third Party
Parcel by an Owner other than PeaceHealth
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1.25 ThIrd Party Parcel
"Third Party Parcel" means any portIOn of the Property which IS the subJect of a
ground lease between PeaceHealth and an Owner or which IS owned by a party other than
PeaceHealth "Third Party Parcel" does not melude any portIOn of the Property owned by
PeaceHealth and which IS not subJect to a ground lease WIth an Owner
2. PEACEHEAL TH RIGHTS AND RESPONSffiILITIES OVER THE
PROPERTY, THE CC&Rs AND THE DEVELOPMENT STANDARDS
2.1 PeaceHealth RIghts and ResponsIbilities
2.1.1 ReservatIon of Rights
In addition to other PeaceHealth nghts and responsibilities as may be set forth m
these CC&Rs, PeaceHealth shall, at all times, retalD the followmg nghts and
responSibilities With respect to the Property, meludmg the Conrrnon Areas, and over these
CC&Rs and the Development Standards
2 1 1 1 The nght to assign all or any portIOns of the nghts and
responSibilities and obligatIOns under these CC&Rs to the ASSOCiation or to others
2 1 I 2 The nght to create or grant easements or other encumbrances
across the Conrrnon Areas as set forth herem m Section 8
? [ 2 I I 3 The nght to review and approve or disapprove all
Development Plans for the Property
2 1 1 4 The nght to appomt a maJonty of permanent votmg
Directors of the Board
2 I I 5 The nght to approve or disapprove any amendments to these
CC&Rs and the Development Standards
2 I I 6 The nght to approve or disapprove any reductIOns,
modifications or expansIOns of the Conrrnon Areas
2 1 I 7 The nght to approve or disapprove the Improvements, and
any changes thereto
2 I I 8 The nght to close all or any portion of the Conrrnon Areas as
provided m SectIon 7.1
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2 1 1 9 The nght to record a map delmeatmg the Conrrnon Areas
2 I I 10 The nght to enforce these CC&Rs and the Development
Standards to the extent the ASSOCiation IS not obligated to enforce them or fails to do so
2 I 1 II The nght to approve storage, treatment, depOSit, placement
or disposal of any Hazardous Substance
2 I I 12 The nght to approve any change m the prohibited uses of
the Property as set forth m Sections 6.15 and 6.16
2 I I 13 The nght to grant or revoke the license for use of the
Conrrnon Areas, or portIOns thereof, pursuant to Section 7.1 herem, and to eVict anyone
from the Conrrnon Areas who fails to comply With applicable laws
2 1 1 14 The nght to enforce the rules or regulatIOns of the
ASSOCiation to the extent It fails to do so
2 I I 15 Except m the case of an emergency or an agency order
reqUlrmg Inrrnedlate action, PeaceHealth shall have the nght to approve or disapprove any
proposed mvestlgatory, remediatIOn, clean-up or removal actIOns of the ASSOCiatIOn
which are reqUired pursuant to Its environmental responSibilities under Section 6.1.2 With
respect to the Conrrnon Areas PeaceHealth shall have the nght to reqUIre the ASSOCiatIOn
to request overSight from DEQ of any mvestlgatory, containment, remediatIOn and
removal activIties and/or require the ASSOCiatIOn to seek a statement from DEQ of "No
Further Action "
3. RIVERBEND TENANTS' ASSOCIATION
3.1 FormatlOD
The ASSOCiatIOn shall be known as the RIverBend Tenants' ASSOCiatIOn and shall
be formed by PeaceHealth as a Washmgton nonprofit corporation as soon as practicable
after the recordmg of these CC&Rs and completIOn of the Conrrnon Area Improvements,
but III no event later than the recordmg of a memorandum of ground lease for any Third
Party Parcel All Owners shall be members of the ASSOCiatIOn The ASSOCiatIOn shall act
through the Board, the membership of which shall be established pursuant to Section 3.5,
herem
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3.2 PeaceHealth's MembershIp on Board
At all times PeaceHealth shall have the nght to designate a maJonty of the
members of the Board
3.3 General AuthorIty ofthe Association
SubJect to the reservation of nghts by PeaceHealth as set forth m Section 2, the
Association shall have all reqUIsite power, duty, and authonty to perform Its obligatIOns
under these CC&Rs, mcludmg the power, duty and authonty to enforce the provIsions of
these CC&Rs as set forth herem and to acquire and pay for, out of the conrrnon fund
proVided by assessments pursuant to SectIon 4, all goods and services necessary or
appropnate for the proper functlOmng of the ASSOCiatIOn m accordance with these
CC&Rs WithOUt limltmg the generality of the foregomg, and subJect to the other
provIsions of these CC&Rs, the ASSOCiatIOn shall have the power, duty, authonty and
obligatIOns to do the followmg
3.3.1 Duties, Powers and OblIgations of the Association
3 3 1 I Determme the amount of funds necessary or appropnate for
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the performance by the ASSOCiation of ItS powers and duties under these CC&Rs
3 3 I 2 Impose and collect annual and speCial assessments from the
Owners
3 3 I 3 Mamtam bank accounts on behalf of the ASSOCiation and
deSignate the slgnatones reqUIred on those accounts
3 3 1 4 File all appropnate ASSOCiation mcome tax returns
3 3 1 5 Enforce by legal means, other than any actIOn that would
create a lien agamst the Property or any leasehold mterest, the proVISIOns of these
CC&Rs, mcludmg creatmg a lien agamst any Third Party Improvements
3 3 I 6 Undertake Mamtenance to the Conrrnon Area Improvements
m the Conrrnon Areas, or m dedicated public nghts-of-way where such Mamtenance IS
reqUIred by a public agency, pursuant to SectIon 6.1.1, m a first-class conditIOn, and
establish one or more reserve accounts, If appropnate, for such purposes
3 3 I 7 Manage and conduct all of ItS activIties pursuant to the
ASSOCiatIOn's environmental responSibilities set forth m Section 6.1.2 herem
3 3 1 8 DeSignate and mstall new Conrrnon Area Improvements m
the Conrrnon Areas, subject to PeaceHealth approval
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3 3 1 9 Defend and mdemmfY PeaceHealth from any liability for all
claims, damages, expenses, costs or fees ansmg from the duties or obligatIOns of the
ASSOCiatIOn, mcludmg, but not limited to, bodily mJury, property damage, or the clean-up,
remediatIOn or removal of any Hazardous Substance Release
3 3 I 10 Obtam poliCies of msurance as may be necessary or
appropnate, nammg PeaceHealth and all Owners as an additional msured, to protect the
ASSOCiation agamst cl31ms or loss ansmg from or occumng on the Conrrnon Areas or the
operation of the ASSOCiation The types and amounts of coverage shall be as the Board
may from time to time deem appropnate for the protectIOn of the ASSOCiation, ItS
members, Directors, officers and employees
3 3 1 11 Contract for such servICes mcludmg, Without lrrnltatlon,
legal and accountmg services as may be necessary or appropnate to manage the aff31rs of
the ASSOCiatIOn properly and m accordance With these CC&Rs, whether the personnel
performmg such services are employed directly by the ASSOCiatIOn or by a manager or
management frrrn or agent retamed by the ASSOCiatIOn
3 3 I 12 Appomt conrrnlttees from among the Directors and appomt
non-Board members to such conrrnlttees as the Board may determme from time to time to
be appropnate to assist m the conduct of the affairs of the ASSOCiation and delegate to any
such conrrnlttee any authonty as the Board may deem appropnate, subJect m all cases to
the proVISIOns of the CC&Rs
33 I 13 Propose modificatIOns, reductIOns or expansIOns of the
Conrrnon Areas to PeaceHealth
3 3 I 14 Execute amendments, additions or deletIOns to the CC&Rs
and the Development Standards
3.4 VotIng by Mail
Votmg by any party entitled to vote may be by mail, or other means acceptable to
the Board, With respect to any matter before the Board or the ASSOCiatIOn In any case m
which votmg by maillS necessary or deSirable, the Secretary shall give wntten notice to
any party entitled to vote, which notice shall (I) mclude a wntten resolutIOn or ballot,
settmg forth the proposed actIOns) or candidates (n) state that any party entitled to vote IS
entitled to vote by mall for or agamst such resolutIOns) or candidates and (111) specIfY a
date not less than twenty-five (25) days after the date of such notice by which all votes
must be received at the pnnclpal office of the ASSOCiatIOn Votes received after the date
speCified shall not be effective
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3.5 Board of Directors
3.5.1 Generally
The aff31rs of the AssociatIOn shall be governed by the Board, which shall be
compnsed of at least three (3) Directors, all of which shall be ID1tlally designated by
PeaceHealth PeaceHealth may select, remove and replace ItS Directors at ItS pleasure
from trrne to trrne PeaceHealth's Directors CamJot be removed from the Board by any
actIOn of the Board or the ASSOCiation All Directors elected to the Board, other than
PeaceHealth's, shall be affiliated With an Owner For the purposes of thiS SectIOn 3.5.1
only, affiliated means elther'an employee, director, officer, shareholder, partner or owner
of the Owner
3.5.2 Number and ClassificatIon of Directors
Upon the formatIOn of the ASSOCiation, the Board shall consist of three (3)
Directors deSignated by PeaceHealth Thereafter, the Board shall consist of three (3)
Directors two (2) Directors appomted by PeaceHealth and one (I) Director selected by
the Owners other than PeaceHealth m accordance With the votmg procedures descnbed m
Section 3.5.3 herem, subject to the provIsion to add Directors to the Board as proVided m
SectIon 3.5.2.1
3.5.2.1 DIrectors Added to the Board
FIVe (5) years from the formatIOn of the ASSOCiation, or after PeaceHealth has
entered mto ground leases or has sold Third Party Parcels, any combmatlon thereof
resultmg m there bemg at least three (3) Third Party Parcels, whichever IS earlier, two (2)
additIOnal Directors shall be added to the Board, one (I) additIOnal Director shall be
appomted by PeaceHealth, and one (1) additIOnal Director shall be selected through the
election process descnbed m Section 3.5.3 herem Thereafter, for the additIOn of three (3)
additional Third Party Parcels, two (2) additional Directors shall be added to the Board,
one (I) additIOnal Director shall be appomted by PeaceHealth, and one (1) additIOnal
Director shall be selected through the election process descnbed m Section 3.5.3 herem
3.5.3 ElectIon of DIrectors
Directors, other than PeaceHealth's, shall be selected amJually by maJonty vote of
all the Owners other than PeaceHealth, With each Owner havmg one vote each Only
DeSignated Voters shall have the nght to vote for Directors Directors shall be elected at
a meetmg of the DeSignated Voters or by mail votmg m the mamJer prOVided below m
.
Section 3.5.4 If there IS more than one person or entity compnsmg an Owner, such
persons or entities shall be conSidered one Owner for votmg purposes under any
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provlSlon of these CC&Rs and shall determme among themselves how their votes will be
cast and who their DeSignated Voters shall be If such persons or entities cannot agree on
how their votes will be cast, their vote will not count
3.5.4 Meetmgs of Owners to Elect Directors
Any meetmg of Owners for the purpose of electmg Directors shall be conducted m
accordance wIth the followmg procedures
3 5 4 1 The first such meetmg shall be held no later than
thirty (30) days after at least two Owners are m possessIOn of a Third Party Parcel
Subsequent meetmgs shall be held no later than thirty (30) days pnor to the expiration of
the term of any Director or such time that a maJonty of Designated Voters request such
meetmg
3 5 4 2 Any meetmg pursuant to thiS SectIon 3.5.4 shall be
held at such place wlthm Lane County, Oregon as may be deSignated by the Board The
Secretary shall gIVe wntten notice of the place and time of any such meetmg to each
DeSignated Voter entitled to vote at such meetmg at least ten (10), but not more than
SIXty (60), days pnor to the date set for such meetmg, which notice shall state the purpose,
time, and place of the meetmg The Secretary shall be responsible to notify a DeSignated
Voter of a meetmg only If the Owner for which such DeSignated Voter IS deSignated to
vote has given wntten notice to the Secretary settmg forth such DeSignated Voter's name
and address at least fifteen (15) days pnor to the glvmg of the notice of the meetmg
Notice of any such meetmg may be waived by any DeSignated Voter or by PeaceHealth at
any time No DeSignated Voter who IS present at a meetmg may object to the adequacy or
timeliness of the notice given
3 5 4 3 Any DeSignated Voter may give a proxy to any
person, so long as such proxy IS m wntmg, Signed by such DeSignated Voter, and filed
With the Secretary A proxy shall expire on the earlier of (I) eleven (11) months after the
date of the proxy, (11) the date of the expiration or earlier termmatlOn of the ground lease
for which the DeSignated Voter IS deSignated to vote, (111) the date that the Owner for
which the DeSignated Voter IS deSignated to vote no longer IS an Occupant, or (IV) the
date of the meetmg at which a vote IS to be held for which proxy IS granted
3 544 The presence, m person or by proxy, of Designated
Voters entitled to cast at least fifty-one percent (51 %) of the total votes entitled to be cast
at any meetmg shall constitute a quorum When votmg IS by mall pursuant to the '
provlSlons of Section 3.4, a quorum shall be constituted If the number of votes cast equals
at least fifty-one percent (51 %) of the total votes entitled to be cast
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3.6 Terms of DIrectors
Each Director shall serve a one-year term, provided, however, If the ground lease
with which the Director IS affiliated expires or termmates pnor to the end of his or her
term, or an Owner IS no longer an Occupant due to the sale, lease or sublease of the
applicable Third Party Parcel, such Director's term shall end on the earlier of the
explratlOn date of the ground lease or the date the Owner IS no longer an Occupant
3.7 Resignation
Any Director may resign at any trrne by sendmg a wntten notice of such
resignatIOn to the Secretary Unless otherwise speCified m such notice, a resignation shall
take effect upon receipt of the notice by the Secretary
3.8 Vacancies
Vacancies on the Board caused by the death, resignation, termmatlOn pursuant to
Section 3.6 of a Director shall be filled by a special meetmg of the Board to fill the
vacancy Any Director so selected shall serve the remamder of the replaced Director's
term PeaceHealth shall fill PeaceHealth Director vacancies promptly
3.9 Meetings of the Board
3.9.1 Initial Meeting
The IDltlal meetmg of the Board shall occur wlthm thirty (30) days
after the formatIOn of the ASSOCiation At the Imtlal Meetmg, the Board shall elect a
PreSident and a Secretary
3.9.2 Annual Meetings
The Board shall meet annually, wlthm nmety (90) days after the end of each fiscal
year established by the ASSOCiation established pursuant to Section 4.2.2 At each annual
meetmg, the Secretary shall present to the Board a report on the financial conditIOn of the
ASsoc13tlOn, mcludmg a report of receipts and disbursements for the precedmg calendar
year, the allocatIOn thereof to each Owner, and the estrrnated receipts and expenses for the
commg year
3.9.3 Special Meetings
SpeCial meetmgs may be called at any time by two Directors Such meetmgs shall
be scheduled by the Secretary wlthm thirty (30) days after the Secretary's receipt of the
wntten requests Signed by two or more Directors, prOVided that If the purpose of a spec13l
meetmg IS to elect a successor Secretary or to conSider removal of the Secretary pursuant
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to SectIon 3.15.3, such meetmg may be scheduled by the President or, If the meetmg IS
also for the purpose of electmg a successor President or removmg the President, any other
Director
3.9.4 Place of Meetings
Meetmgs of the Board shall be held at such place wlthm Lane County, Oregon, as
may be deSignated from time to time by the Board
3.9.5 Notice
The Secretary shall give wntten notice to each Director of each Board meetmg at
least ten (10) but not more than SIXty (60) days pnor to the date set for such meetmg,
statmg the purpose, time, and place of the meetmg Notice shall be sent to the address of
each Director as listed on the books of the ASSOCiation, or to such other address as any
Director may deSignate by wntten notice to the Secretary given at least ten (10) days pnor
to the glvmg of notice of the meetmg Notice of any meetmg may be w31ved by any
Director at any time No Director who IS present at a meetmg may obJect to the adequacy
or timeliness of the notice given When a meetmg IS adJourned for fewer than Sixty
(60) days, whether or not a quorum IS present at the adJourned meetmg, no notice of the
resumptIOn or reconvemng of such adJourned meetmg need be given other than by
3llllouncement at the meetmg at which such adJournment takes place
3.10 VotIng by the Board
Each Director shall have one (I) vote So long as a quorum IS constituted and m
attendance, a maJonty vote of the Directors shall bmd the ASSOCiatIOn For capital
expenditures to be made by the ASSOCiatIOn, at least 51 % of the vote of a quorum must
vote m favor of the expenditures
3.11 Proxies Votes by DIrectors Not Allowed
A Director may not vote by proxy
3.12 Quorum
The presence ofa maJonty of the Directors, mcludmg a maJonty of Peace Health
Directors, shall constitute a quorum for votmg at a Board meetmg When votmg IS by
mail pursuant to the provIsions of Section 3.4, a quorum shall be constituted If the
number of votes cast equals at least fifty-one percent (51 %) ofthe total votes entitled to
be cast The Board shall have the power to call and/or adJOurn a meetmg even If less than
a quorum IS present
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3.13 CompensatIon of Directors
No Director shall receive compensation from the Association for servmg on the
Board
3.14 Indemnification of DIrectors and Officers
No Director or Officer shall be liable to the Assoc13t1on, the Owners or Occupants
for any act or omiSSIOn on behalf of the ASSOCiation, except for such Director's or
Officer's willful misconduct or bad faith Each Director and Officer shall be mdemDlfied
by the ASSOCiatIOn agamst all expenses and liabilities, mc1udmg reasonable attorneys'
fees, mcurred by or Imposed upon such Director or such Officer m such capacity,
provided, however, there shall be no duty to mdemDlty If any Director or Officer IS gUilty
ofwlllful misconduct or bad faith m connectIOn With the matter as to which
mdemmficatlOn IS sought
3.14.1 Insurance
The Board shall purchase and mamtam general liability and directors and officers
msurance poliCies on behalf of the ASSOCiatIOn and any Director and/or Officer agamst
any liability mcurred by such Director and/or Officer m such capaCity, If such msurance IS
available at a cost and on terms which the Board determmes to be reasonable The Board
may purchase such additIOnal msurance as It determmes IS reasonable and appropnate
3.15 Officers ofthe Association
3.15.1 Designation
The Officers of the ASsoc13tlOn shall be the PreSident and the Secretary, both of
whom shall be elected by the Board The same person shall not concurrently hold the
offices of President and Secretary The Board may deSignate such additional Officers as
It deems appropnate
3.15.2 Election
The Officers of the ASSOCiatIOn shall be elected annually by the Board and shall
hold office at the pleasure of the Board and until their successors are elected and
qualified If any office becomes vacant, the Board shall elect a successor to fill the
unexpired term at a speCial meetmg of the Board called for such purpose
3.15.3 Removal
The Board, by a maJonty vote, may remove any Officer, at any trrne, With or
without cause, and a successor may be elected at a speCial meetmg of the Board called for
such purpose
[/CCR Occ 062306-FINAL]
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1/31/0810 37 38 AM
3.15.4 President
The President shall be the chief executive officer of the Assoc13t1on The
President shall have all of the general powers and dutIes normally mCldent to the office
3.15.5 Secretary
The Secretary shall keep the mmutes of all proceedmgs of the Board and all other
ASSOCiation records and shall attend to the glvmg of all notices to the Board and other
notices pursuant to these CC&Rs or reqUIred by law The Secretary shall be responsible
for ASSOCiatIOn funds and shall keep full and accurate financial records and books of
account suffiCient for proper accountmg purposes showmg all receipts and disbursements
necessary for the preparation of all reqUIred financial data and tax returns The Secretary
shall be responsible for the depOSit of all ASSOCiation funds m such deposltones as may
from time to trrne be deSignated by the Board, and shall disburse ASsoc13tlOn funds for
such purposes as may be permitted under these CC&Rs The Secretary shall perform all
other duties mCldent to the office of secretary of the ASSOCiation or as may be directed by
the Board The Secretary shall perform all of such duties at the expense of the
Assoc13t1on
3.16 Execution ofInstruments
All agreements, contracts, and other mstruments of the ASSOCiation shall be
executed by such person or persons as may be deSignated from time to time by resolution
of the Board
4. ASSESSMENTS
4.1 Annual Assessments
4.1.1 Authority to Assess
SubJect to the limitatIOns and reqUIrements set forth m thiS Section 4.1.1, the
ASsoc13tlOn shall have the authonty to levy 3llllual assessments to pay all expenses
associated With the ASSOCiation's performance of ItS powers, duties, responsibilities and
obligatIOns under these CC&Rs, mcludmg Without limitatIOn the powers, duties,
responsibilities and obligatIOns set forth m Section 3.3, to pay all utility, msurance,
mamtenance, repair, replacement and other expenses mcurred With r"~!1ect to t1).e-
Common Areas and to mamtam the reserve funds descnbed~ction 3.3.1:0) In
additIOn, any such assessment shall melude, Without hmltatI~n:-t1i~'l'uM~uI1J1e'
mamtenance or rep31r of rrnprovements located wlthm dedicated portIOns of the Property
which have been dedicated and accepted by a governmental agency The ASSOCiation
shall bill each Owner and/or Occupant for their share of the assessments as determmed m
[/CCR Occ 062306-FINAL]
Date Received
Planner. AL
~h!~1
PAGE 15
1/31/08103738 AM
accordance with Sections 4.1.1 and 4.1.2, on a semi-annual basIs All such assessments
shall be due wlthm thirty (30) days after the date ofbillmg
4.1.2 Allocation of Assessments
Each Owner's annual assessment shall be a fractIOn of total AssociatIOn annual
expenses equal to (a) the number of square feet ofland area on the Property owned by an
Owner or leased by the Owner pursuant to a ground lease, divided by (b) the entire
amount of square feet of land area m the Property exeludmg all Conrrnon Areas and
public nghts-of-way For purposes of this allocatIOn, the portIOn of the Property owned
by PeaceHealth, but subJect to a ground lease With an Owner, shall not be meluded m the
square footage calculatIOn for PeaceHealth, but shall be allocated to such Owner under
the ground lease
4.1.3 Annual Settlement
Wlthm mnety (90) days of the end of each fiscal year the ASSOCiation shall deliver
to each Owner an Iterrnzed breakdown certified as true and correct showmg the actual
costs for all expenses that compnse the annual assessment If an Owner's pro rata share
of the annual assessment exceeds the amount paid by the Owner m any fiscal year, then
wlthm thirty (30) days after receipt of said cost breakdown, the Owner shall pay to the
ASSOCiatIOn such excess amounts If the Owner's pro rata share of the annual assessment
IS less than the Owner's payments for any fiscal year, the Owner shall receive a credit
agamst the next annual assessment
4.2 ASSOCIation Records; Budgeting
4.2.1 Records
The ASSOCiatIOn shall mamtam records of assessments, of any other mcome
received by the ASSOCiatIOn, and of all disbursements made The ASSOCiatIOn shall also
mamtam votmg records and budget records The Board may at any time and from time to
time reqUIre that an audit of the Assoc13tlOn's records be performed at the expense of the
ASSOCiatIOn The results of any such audit may be presented at any meetmg of the Board
Any Director may, at the ASSOCiatIOn's expense and at any reasonable time, copy any
ASSOCiation records reasonably necessary to the performance of such Director's duties
Any Owner shall have the nght to uispect ASSOCiatIOn records at any reasonable time,
after reasonable notice to the Secretary Any Owner may copy ASSOCiatIOn records at
such Owner's expense
4.2.2 BudgetIng
The ASSOCiatIOn shall establish a fiscal year for budgetmg purposes At least ten
(10) days pnor to the ASSOCiation's second fiscal year and at least ten (10) days pnor to
[/CCR Occ 062306-FINAL]
PAGE 16
1131/0810 37 38 AM
the conrrnencement date of each succeedmg fiscal year, the AssociatIOn shall prepare and
make available to the Owners, at the office of the Secretary, a proposed budget of the
estimated costs and expenses to be mcurred by the ASSOCiatIOn dunng the followmg fiscal
year m performmg ItS functIOns hereunder The budget will be accompanied by a
schedule showmg the annual assessments to be assessed to the Owners for the followmg
fiscal year Failure of the ASSOCiation to prepare the budget and accompanymg schedule
shall not relieve the Owners of their obligatIOns to pay annual assessments for the fiscal
year which would have been covered by the budget In the event the ASSOCiation does not
prepare the budget and accompanymg schedule wlthm ten (10) days pnor to the
conrrnencement date of any fiscal year, the ASSOCiatIOn shall contmue to levy and collect
armual and speCial assessments at the level of the prevIous fiscal year, plus an mcrease of
not more than ten percent (10%) If approved by the Board Then, at the trrne the
ASSOCiatIOn adopts ItS budget, such budget shall be effective as of the first day of the
correspondmg fiscal year In the event the amount of the budgeted armual assessments IS
m excess of the amount actually paid by the Owners for such fiscal year, then the Owners
shall pay the amount of such excess to the Secretary wlthm thirty (30) days after the
effective date of notice to the Owners of the proposed budget In the event the amount of
the budgeted armual assessments IS less than the amount actually paid by the Owners for
such fiscal year, then the ASSOCiatIOn shall either apply the excess to the Owners' next due
mstallments of armual assessments or refund the excess Excludmg taxes, msurance,
utilities, repair or replacement of Conrrnon Area Improvements, and damage and
destruction not wlthm the reasonable control of the ASSOCiation, m no event shall costs
and expenses mcurred by the ASSOCiatIOn mcrease more than 10% over the prevIOus fiscal
year on a per square foot basiS
4.2.3 AudIts
An Owner, ItS agents and accountants, shall have the nght to examme and audit the
ASSOCiatIOn's books and records relatmg to any cost or Item that I~ asses~ed to Owner
upon ten (10) days wntten request by Owner to the Assoclaiion - If an Owner disputes the
accuracy of the ASSOCiation's assessment, the Owner shall still pay the amount shown
owmg pendmg completIOn of the audit If an Owner's audit of the books and records
shows that the amounts shown on the assessment are five percent (5%) or more higher
than the actual amount owed by the Owner, the ASSOCiatIOn shall, on demand, reimburse
the Owner for all reasonable costs of conductmg the audit Any overpayment or
underpayment of the armual assessment shall be adJusted by the parties wlthm
ten (10) busmess days after the audit IS completed The ASSOCIatIOn shall keep complete
and accurate books and records relatmg to all expenses for a penod of three (3) years,
which records shall be kept m accordance With generally accepted accountmg pnnclples
consistently applied The ASSOCiation shall proVide each Owner With a copy of any audit
furnished to or received from any other Owner An Owner shall not have the nght to
[/CCR Occ 062306-FINAL]
Date Received
Planner. AL
l/s'/;.DO/
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PAGE 17
1/31/08103738 AM
audit (or contest) any annual assessment for any fiscal year beyond three (3) years after
any such fiscal year
4.2.4 Enforcement
The ASSOCiatIOn shall notifY PeaceHealth m wntmg of any assessment pursuant to
these CC&Rs shall be paid by an Owner wlthm thirty (30) days after the date of billing
The ASSOCiation may sue or file a lien agamst any such Owner for any such unp31d
assessment
4.2.5 Personal Obligation
Each assessment or charge leVied pursuant to the provISIons of these CC&Rs shall
be a separate and personal obligatIOn of the Owner agamst which the assessment or
charge IS levIed but shall not be a lien agamst either the Property or an Owner's leasehold
mterest The expiration, termmatlOn, or assignment of an Owner's ground lease or the
sale of a Third Party Parcel by an Owner shall neither release nor discharge the Owner
thereof from such personal liability accrued as of the date of such sale, expiration,
termmatlOn or assignment
5. ARCHITECTURAL AND DESIGN CONTROL
5.1 Generally
No Third Party Improvements of any kmd shall be conrrnenced, erected, placed, or
altered on any portIOn ofthe Property unless such Third Party Improvements are m
conformance With the standards set forth m the Development Standards and until plans
and speCificatIOns showmg the nature, kmd, shape, height, matenal, and location of the
Third Party Improvement are submitted to and approved by ReViewer, pursuant to the
provIsions of Sections 5.2 and 5.4 and the Development Standards Plans for the
constructIOn of Third Party Improvements shall be submitted to and approved by
ReViewer pursuant to the Development Standards Third Party Improvements to the
mtenors ofbmldmgs are not subJect to the Development Standards All Conrrnon Area
Improvements and Third Party Improvements shall be erected or altered m conformance
with all applicable govemmentallaws, ordmances, rules, and regulatIOns To the extent
applicable govemmentallaws, ordmances, rules, and regulatIOns are m conflict With the
Development Standards, the more restrIctive standards shall control
", No see-TiON '5::J.
5.3 Approval
ReViewer may approve proposed Third Party Improvements as submitted or
subJect them to such speCific conditIOns as RevlCwer may reasonably determme to be
appropnate to meet the CC&Rs and the Development Standards Any disapproval of the
Third Party Improvements shall specIfY the reasons for dlsapproval'm reasonable det31l m
[/CCR occ 062306-FINAL]
PAGE 18
1/31/0810 37 38 AM
a wntten notice of nonconformance Reviewer shall have thirty (30) calendar days to ~
approve or reJect any Development Plans submitted or re-submltted under SectIons 5.2 or
5.3 Failure of Reviewer to act wlthm said time shall be deemed approval of the proposed
Third Party Improvements
5.4 Commencement of Work
As soon as practicable after the receipt of approval by ReViewer, If the Owner
elects to proceed With the Third Party Improvements, the Owner shall satisfY any and all
conditIOns of such approval, secure all necessary governmental permits and approvals,
and promptly conrrnence constructIOn of the Third Party Improvements Approval of any
Third Party Improvements shall automatically be deemed revoked one year after Issuance
unless construction of the Third Party Improvements has conrrnenced or the Owner has
applIed for and received an extensIOn of time from the ReViewer
5.5 CompletIon of Work
Any approved Third Party Improvements shall be substant13lly completed wlthm ~El.r.v 1/2,,"'"tl
two (2) years after the date of conrrnencement of construc,llOn Landscapmg shall be V 11;,( J::":
completed wlthm SIX (6) months after substantial completion of assOCiated Third Party s'ft: '-v''lL
INS",,_
Improvements unless weather conditions or time of year mterfere With the ability to of Oc C:riQ.,
'''Rw
reasonably complete such landscapmg In all cases, such landscapmg must be completed '-'1
wlthm nme (9) months of substantial completion of Third Party Improvements Promptly
after completIOn of any Third Party Improvement, the Owner shall give wntten notice of
completion to ReViewer Such notice shall be accompanied by a certificate of the Owner,
m a form and content reasonably satisfactory to ReViewer, that such work has been
undertaken and completed m compliance With the approved plans and these CC&Rs
I Wlthm thirty (30) days after the effective date of such notice, ReViewer may, at ItS optlOn,------
mspect the completed Third Party Improvements and give wntten notice to the Owner of t;; 1\ 11115
any respects m whICh the completed Third Party Improvements falls to conform to the w NC.,1..er,
plans therefor as approved Such notice shall specIfY a reasonable penod, which shall be 'l1i c,"tJ
\not less than thirty (30) days, dunng which the Owner may remedy the nonconformance f'R,;,'-<-~s?
If ReViewer does not give notice of nonconformance wlthm thirty (30) days after the date
of receipt of the notICe of completIOn, the Third Party Improvements shall be conclUSive
PJesumed to be approved as completed
5.6 Estoppel CertIficate
Wlthm ten (10) days after receipt by ReViewer of a wntten request executed by an
Owner, ReViewer shall execute and deliver to such Owner an estoppel certificate
certlfYmg to the extent such matters are true (a) ReViewer has approved plans for
construction of Third Party Improvements by such Owner, (b) ReViewer has not given to
the Owner a notice of nonconformance pursuant to SectIOn 5.4 Any purchaser or
[/CCR Occ 062306-FINAL]
Date Received
Planner AL
lil/I,he%"
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PAGE 19
1131108 103738 AM
mstltutlonallender requestmg such certificate may conclUSively rely on such certificate
With respect to the matters set forth therem No such certificate shall be construed as a
warranty by Reviewer as to (I) the quality of any constructIOn, or (11) whether the Third
Party Improvement or the use thereof IS m compliance With applicable law, or (m) any
other matter, except as expressly set forth m such certificate, and (c) If applicable, Third
Party Improvements have been substantially completed and accepted by ReViewer
pursuant to Section 5.5.
5.7 No LIability
PeaceHealth, any employee, officer or agent thereof shall not be liable to any
Owner, Occupant, or other person or entity for any damage or loss, whether based on
negligence or any other theory of recovery, suffered or claimed as a result of any actIOn or
failure to act on the part of Peace Health or Its deSignated representatives With regard to
the Development Standard review procedures as set forth herem, so long as Peacellealth
has acted m good f31th based on actual knowledge
5.8 NonwaIver '7
~
Approval or disapproval ~eaceHealth of any matter proposed to It shall not
,.
constitute a precedent, or Waiver, and shall not Impair m any marmer the nght of
PeaceHealth to grant or Withhold approval as to any Similar matter thereafter proposed or
submitted to It for approval
5.9 Records
Owners shall have the nght from trrne to trrne after reasonable notice to ReViewer,
and at reasonable trrnes, to review and copy, at the Owner's expense, ReViewer's records
pertammg to the deSign review procedure descnbed m Section 5 except as such records
contam any Owner's propnetary or confidential mformatJon
"",vi \ S
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5.10 Variances to Development Standards
Only PeaceHealth may grant variances from any prOVlSlon of the Development
Standards upon a wntten request for a variance submitted by an Owner to PeaceHealth's
development manager or other representative deSignated by PeaceHealth, statmg the
reason for the request and the applicable section of the Development Standards
"'("Vanance Request") PeaceHealth will evaluate each Variance Request and will notifY
the Owner, m wntmg, of ItS deCISIOn wlthm fifteen (15) Busmess Days of receipt ofa
Vanance Request The Vanance Request shall be approved only If It can be determmed
that (a) enforcement of the standard m questIOn would cause development constramts
which would make the Third Party Parcel Significantly more difficult to develop than
lother Third Party Parcels subject to the same standards, (b) there would be no matenal
adverse Impact to adJacent eXlstmg development or to the provlSlon of basIc services to
[/CCR Occ 062306-FlNAL]
PAGE 20
1131108103738 AM
the Property and other Owners, and (c) the proposed variance meets the overall obJectives
of the Master Plan and the objectives of the relevant sectIOns of such plan Reasonable
conditions related to the vanance may be required as part of the variance approval
Vanance Requests for slgnage shall not be unreasonably demed if It IS determmed that
(a) there would be no matenal adverse Impact to adjacent eXlstmg or future development,
and (b) the proposed vanance meets the overall obJectives of the Master Plan and the
obJectives of the relevant sectIOns of such plan Reasonable conditIOns related to the
vanance may be reqUIred as part of the vanance approval
6. PROPERTY USE AND RESTRICTIONS
6.1 LandscapIng and Maintenance
Each Occupant shall mamtam m good conditIOn the property leased or owned by
such Occupant, and any Third Party Improvements thereon, at such Occupant's expense
ReqUIred mamtenance and repair shall melude but are not lrrnlted to (I) mamtenance of all
parkmg areas, pnvate drives, curbs, and walkways m accordance With these CC&Rs m a
clean and safe conditIOn, meludmg, repamng, and restnpmg as often as IS necessary,
(n) mamtenance oflandscapmg m an attractive, neat, orderly, and cut conditIOn at all
trrnes free of brush, weeds, and debns, (111) eleanmg, mamtenance, and relampmg of any
external lightmg fixtures, (IV) mamtenance of extenors ofbUlldmgs m an attractive and
neat conditIOn at all tImes, and (v) mamtenance m conformance With the Development
Standards
6.1.1 Association's General Responsibilities
The ASsoc13tlOn shall mamtam, repair and replace Conrrnon Area Improvements,
and mamtam and rep31r Improvements m such dedicated public nghts-of-way where such
mamtenance or rep31r IS reqUIred by a public agency, m a first elass conditIOn and m
accordance With the Development Standards Mamtenance shall melude ordmary upkeep,
litter removal, repair of phYSICal damage due to any cause and mamtammg the overall
aesthetic appearance of the Conrrnon Area Improvements
6.1.2 Association's EnVIronmental ResponsibIlIties
The ASSOCiatIOn shall manage and conduct all of ItS activItIes on or relatmg to the
Conrrnon Areas m compliance With applicable EnVironmental Laws and the
environmental provIsions of these CC&Rs and m cooperatIOn With PeaceHealth m
PeaceHealth's efforts to comply With applicable laws and regulatIOns In the event of any
Hazardous Substance Release on the Conrrnon Areas, the ASsoc13tlOn shall be responSible
to clean up, remed13te, or remove any such release to a standard that Will allow contmued
use of the Conrrnon Areas If a Hazardous Substance IS to be left m place, the responSible
party must obtam a "No Further Action Letter" (or srrnilar authonzatlOn If such letters
[/CCR Occ 062306-rtNAL]
Date ReceIved 0foof
Planner AL
PAGE 21
1/31/08103738 AM
cease to be available) from the Oregon Departinent of Environmental Quality ("DEQ"), or
Its successor enforcement agency should the DEQ cease to eXist or have some or all of Its
responsibilities reallocated The ASSOCiatIOn shall promptly notify PeaceHealth at
PeaceHealth's emergency telephone number and shall restore the Conrrnon Areas to the
extent required by law and compatible With the current and mtended future use of the
Conrrnon Areas The ASSOCiatIOn shall be responsible for the EnVironmental Costs
ansmg from any Hazardous Substance Release on the Conrrnon Areas, unless such
Hazardous Substance Release was caused by the action or mactlOn of an Occupant, m
which case the Occupant shall be solely responsible for all EnVironmental Costs ansmg
from such Hazardous Substance Release on the Conrrnon Areas
6.2 Signs
All SignS on the Property shall comply With the Development Standards
6.3 OffenSIve Activities
No noxIOus or offenSive activity shall be performed on the Property, nor shall
anythmg be done or placed upon any portIOn of the Property which unreasonably
mterferes With the beneficial use and enJoyment of other portions of the Property or the
Conrrnon Areas
6.4 Rubbish and Trash
No part of the Conrrnon Areas shall be used as a dump for trash or rubbish of any
kmd All garbage and other waste on the Property shall be kept m appropnate sanitary
contamers for proper disposal and out of public view In the event an Occupant fails to
remove any trash, rubbish, or other waste matenals from the Third Party Parcel leased or
owned by such Occupant (or from any street or the Conrrnon Areas If deposited thereon
by such Occupant) wlthm two bus mess days after notice from the ASSOCiation, the
ASSOCiatIOn may have such waste removed and charge the expense of such removal to the
Occupant In the case of an emergency where such garbage or waste creates a hazard or
potential hazard m the opmlOn of the ASSOCiatIOn, the ASSOCiation may have such waste
Inrrnedlately removed and charge the expense of such removal to the Occupant
6.5 Improvements in the Common Areas
No Improvements of any type shall be erected or mamtamed by any Occupant so as
to trespass or encroach upon the Conrrnon Areas
6.6 Air Quality
No open burnmg shall be permitted on the Property
[/CCR occ 062306-FlNAL]
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1131/08103738 AM
6.7 Water QualIty
Neither the Association, nor any Occupant shall discharge, allow, or suffer the
discharge of treated or untreated sewage or other matenals mto the sanitary sewer system
of the Property-E-nless It IS m conformance with all applicable laws, codes and ordmances
and dnnkmgjJ'rlffectlon regulations
- - ~
6.8 NOIse, Odor, Heat and Glare
No obJectIOnable nOise, odor, heat or glare which IS detectable beyond the Property
shall be allowed, except as reasonably necessary dunng constructIOn of Third Party
Improvements
6.9 Vibration
No VibratIOn which IS discernible without the aid ofmstruments shall be permitted
beyond the boundary of the Property, except as reasonably necessary durmg constructIOn
of Third Party Improvements
6.10 Waste Materials
All matenals, mcludmg waste matenals, shall be stored m a marmer which will not
attract or aid m the propagatlOn.of msects, birds, and/or rodents or other vectors or m any
way create a health hazard
6.11 Use of Hazardous Substances
The ASSOCiatIOn shall be permitted to use, handle or store Hazardous Substances
only as necessary to carry out ItS obligatIOns under these CC&Rs to mamtam, rep31r or
replace Conrrnon Area Improvements
6.12 Storm Water Conveyance and Treatment
The ASSOCiation IS authonzed to discharge storm water from the Conrrnon Areas
mto the PeaceHealth-owned storm water dlsc~arge conveyance or storage system only If
the ASSOCiation enters mto PeaceHealth's then current Storm Water System Use
Agreement In order to comply With storm water discharge reqUIrements, the ASSOCiation
may be reqUIred to treat Conrrnon Area storm water pnor to discharge Iftreatrnent IS
reqUired, J'eaceHealth shall have the nght to approve or disapprove the method, deSign
and mstallatlon of any such treatment system m order to ensure compliance With
applicable laws and regulatIOns and protection of the Property
[ICCR Occ 062306-FINAL]
Date Received
Planner AL
JhJ/~"r
I J
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!<.&"",ellC
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6.13 Treated or Contaminated SoiI/Waste
The ASsoc13tlOn and Owners shall not store, treat, depOSit, place or dispose of
treated or contamlllated soil, mdustnal by-products, waste or any Hazardous Substances
on the Conrrnon Areas or anywhere on the Property, without the pnor wntten consent of
PeaceHealth, which consent may be granted or demed m PeaceHealth's sole discretion
The ASSOCiation and Owners shall bnng no soil, rock, or other organic matenals onto the
Conrrnon Areas or anywhere on the Property that was not purchased from a reputable
company m the busmess of selling clean soils for use m constructIOn Without the wntten
consent of PeaceHealth and before such approval will be given, the soil will need to be
tested at the ASsoc13tlOn's or Owner's expense to ensure that It contams no Hazardous
Substances The ASSOCiatIOn and Owners will Identify to PeaceHealth the source of any
SOli or rock matenals brought on to the Conrrnon Areas IfPeaceHealth determmes that
soil testmg IS reqUired, PeaceHealth Will be entitled to reView, approve or disapprove and
oversee the ASSOCiatIOn's or Owner's proposed plan for the samplmg of such soil If the
soil sampling results Illdlcate that the SOli contams any Hazardous Substances,
PeaceHealth shall have sole discretion m decldmg whether or not to allow the soil to be
brought on to the Conrrnon Areas
6.14 Underground and Above-Ground Storage Tanks
No underground or above-ground tanks or other receptacles for the storage of
Hazardous Substances shall be mstalled or operated on the Property, except With the pnor
wntten consent of Peace Health, which consent may be Withheld or conditioned m
PeaceHealth's sole discretion As a conditIOn of ItS consent, PeaceHealth will reqUire the
ASSOCiatIOn to Sign ItS then current Hazardous Substances Storage Agreement which
PeaceHealth will proVide upon request
6.15 Prohibited Uses - Generally
The Property, mcludmg any Third Party Parcels and the Conrrnon Areas, shall not
be used for any of the uses set forth m SectIon 6.15.1 These prohibited uses are as
Identified m the Spnngfield Development Code and are further restncted by the Master
Plan and by these CC&Rs
~ -7
~.15.1 SpeCIfic Prohibited Uses
6 l5 1 I Uses whICh predommately use, handle, generate, dispose
of, transport or transfer Hazardous Substances The mCldental use of Hazardous
Substances III conJunction With uses permitted by these CC&Rs shall be allowed Retail
facilities shall be permitted to stock and sell Hazardous Substances that are normally
stocked and sold by like and Similar busmesses m other locations, proVided, no retail
[/CCR Occ 062306-FlNAL)
PAGE 24
1/31/08103738 AM
facility shall be penmtted to stock or sell Hazardous Substances m bulk quantities on the
Property
6 15 I 2 Entertamment activIties whICh mclude an adult arcade,
adult bookstore, adult cabaret, adult theater, adult Video stores, escort agency, nude
modelmg establishment or other sexually onented adult busmess As used herem, the
term an "adult book store" or "adult Video store" shall not prevent a full-line book store or
a full-lme Video store from carrymg adult matenals so long as such matenals are
mCldental to Its over-all operatIOns and are discretely stocked and handled Nothmg
contamed wlthm thiS ~ection 6.16.1.29 shall be construed to restnct or preclude the use ')
of the Property as a "bar," "tavern," or "cocktail lounge," nor shall thiS SP,.tillD c:.-::'C.'::'.~
,,-- r
be construed to prevent the sale of alcoholic beverages on the Property
6.16 AdditIonal Prohibited Uses
Notwlthstandmg SectIOn 6 15, the followmg uses shall be prohibited on all Third
Party Parcels The performance of any activity m VIOlatIOn of Peace Health's ethical
poliCies, mcludmg but not lrrnlted to, abortIOn, euthanaSia, phYSICian assisted SUICide, and
research mvolvmg the use of embryomc stem cells from the destructIOn of human
embryos or the tissue of aborted fetuses The performance of any of the aforesaid
prohibited procedures, services or activIties With the knowledge and acqUIescence of
Occupant or Owner shall constitute a VIOlation of these CC&Rs
6.17 Conflict Between These CC&Rs and the Master Plan
If there IS any conflict between these CC&Rs and the Master Plan, any ground
lease or other lease, the more restnctlve proVISIOns shall apply
7. COMMON AREAS
7.1 Ownership and Right of Use
PeaceHealth owns fee Simple title to the Conrrnon Areas and shall contmue to own
fee Simple title to the Conrrnon Areas until PeaceHealth sells or otherwise divests ItS
mterest therem PeaceHealth and every Occupant, and every mVltee and guest of
PeaceHealth, any Occupant, shall have a nonexclUSive license to use and enJoy the
Conrrnon Areas Such license for use of the Conrrnon Areas IS not and shall not become
an mterest or estate m the Property Such license IS subJect to the ASSOCiatIOn's nght to
promulgate rules and regulatIOns governmg the use of the Conrrnon Areas PeaceHealth
reserves the nght to close any or all portIOns of the Conrrnon Areas m the event of an
emergency that threatens the public health or safety In the event any portIOn of the
Common Areas IS taken by condemnatIOn or by sale m lieu thereof, PeaceHealth shall be
entitled to receive the entire award resultmg therefrom
[/CCR Dcc 062306-FINAL]
Date Received
Planner. AL
I h, /.2"".Y
f I
PAGE 25
1131/08103738 AM
7.2 AddItions, DeletIons or Modifications to the Common Areas
The Board may grant proposed changes to the Conrrnon Areas If such changes
have been approved by a maJonty of the Board If the Board approves such change(s),
the Association will so notifY all Owners m wntmg and take all necessary steps to make
the change to the Conrrnon Areas Reductions, modifications and expansIOns ofthe
Conrrnon Areas may be made upon an affrrmatlve vote of a maJonty of the Board
7.3 Deleted Land From the Common Area
_Any land deleted from the Conrrnon Area shall revert to-PeaceHealth for
-development by PeaceHealth or for lease or sale to others by PeaceHealth, subJect to
these CC&Rs
8. EASEMENTS
8.1 PeaceHealth Approval
No easement may be granted over the Property Without PeaceHealth's pnor wntten
approval, and, If the easement mvolved IS over a Third Party Parcel, the Owner's approval
must also be obtamed from the subject Owner for any easement not wlthm PeaceHealth's
reservation ofnghts under an applicable ground lease Any Owner may request that
PeaceHealth grant an easement, and shall provide to PeaceHealth the followmg
mformatlOn (I) the purpose of the proposed easement, (2) the name of the proposed
grantee, (3) the term of the proposed easement, and (4) a drawmg showmg the proposed
locatIOn of the easement The form of the easement shall be mutually acceptable to
PeaceHealth, the proposed grantee, and the Owner PeaceHealth shall notifY the party
requestmg the easement wlthm fifteen (15) busmess days followmg receipt of the
mformatlon referenced above whether PeaceHealth will be willing to grant the requested
easement
8.2 Purpose of Easement
Any easement over the Property shall only be for the purpose of mstalling,
mamtammg, repamng and replacmg public or pnvate utility lines, conrrnumcatlon lines,
and related facJlltles reasonably necessary and/or convement for the development of the
Property and/or a Third Party Parcel The precise locatIOn of the easement shall be
subJect to the pnor approval of the Owner of any portIOn of the Property over which the
easement crosses ("Servient Parcel") and PeaceHealth If the applicable Third Party Parcel
IS subJect to a ground lease, which approval shall not be unreasonably Withheld,
conditIOned or delayed It shall be reasonable for the Owner or PeaceHealth to object to a
proposed easement If the same IS to be located m an area m which the Owner of the
Servient Parcel mtends to construct any above grade Improvements m the easement
nght-of-way or the easement, and/or the nght-of-way related to same encroaches upon
UCCR occ 062306-FINAL]
PAGE 26
1131/0810 37 38 AM
any eXlstmg rrnprovements Any requested easement over a Third Party Parcel shall be m
wntmg and delivered to the Owner and PeaceHealth, together With the mformatlon
referenced m Section 8.1(1) -(4) above The affected Owner shall have a penod of
fifteen (15) busmess days wlthm which to approve or disapprove the proposed easement
8.3 ResponsIble Party
The party requestmg an easement (the "Benefited Party"), If approval IS granted,
shall be responsible for all costs and expenses related to the mstallatlOn of the facilities
for which the easement IS mtended, all of which shall be placed underground to the extent
reasonably possible The Benefited Party shall cause all work mvolved to be performed
so as to not unreasonably mterfere With the use and enJoyment of the Servient Parcel and
shall promptly restore the surface of the area mvolved to the conditIOn eXlstmg pnor to
the conrrnencement of any work by the Benefited Party The Benefited Party shall
defend, mdemmfY and hold the lessee of the Servient Parcel harmless from all loses, costs
and expenses (mcludmg reasonable attorney fees), ansmg out of and/or related to the
work performed by the Benefited Party relatmg to the easement The Benefited Party
shall provide liability coverage, m a conrrnerclally reasonable amount, and wntten by a
company authonzed to due busmess m the state of Oregon and otherwise reasonably
acceptable to the lessee of the Servient Parcel In the event that the eXistence of the
easement granted pursuant to the provISIons of this Section 8.3 results m any ad valorem
property tax liability to either PeaceHealth or the Owner of the Servient Parcel, the
Benefited Party shall pay the amount of any such tax
8.4 Relocation of Easement
The Owner ofa Servient Parcel may, from time to time, at Its costs and expense,
relocate an easement and the faCilities located therem and the followmg shall be
applicable (1) there shall not be any mterruptlOn of utility services, and (2) all costs and
expenses assoc13ted With such relocatIOn shall be the responsibility of the lessee of the
Servient Parcel. The parties agree to cooperate to execute and record any documents
reqUired to effectuate such relocatIOn
8.5 Easements ReqUIred for Development of Property
PeaceHealth shall grant easements reasonably necessary for the development of the
Property over and across other real property owned by PeaceHealth that IS m the
rrnmedlate vlcmlty of the Property Any Owner requestmg an easement shall furnish to
PeaceHealth, at the time the easement IS requested, the followmg mformatlOn (I) the
purpose of the proposed easement, (2) the name of the proposed grantee, (3) the tenn of
the proposed easement, and (4) a drawmg showmg the proposed locatIOn of the easement
The form of the easement shall be mutually acceptable to PeaceHealth, Owner and the
grantee Any easement granted pursuant to thiS Section 8.5 shall only be for the purpose
[/CCR Occ 062306-FINAL]
Date Received. 1/31/.21>>1'
Planner. AL ---j;
PAGE 27
1131/08 to 37 38 AM
of mstallmg, mamtammg, repaJnng and replacmg public or pnvate utility lines,
conrrnumcatlon lines, and related facilities All such UtllIty lInes and facilities shall be
underground, to the extent reasonably possible The exact locatIOn of the easement may
be adJusted by PeaceHealth so that the same does not unreasonably mterfere With the use
of the other real property owned by PeaceHealth PeaceHealth shall have the nght to
relocate any easement and, m such event, the provIsIOns of SectIon 8.4 shall be
applicable All costs and expenses relatmg to the construction of the facilities to be
located m the easement shall be the responsibility of the Owner or party requestmg such
easement Upon completIOn of the construction, the Owner shall cause the surface ofthe
real property mvolved to be put m a condition substantially the same as eXisted pnor to
the work bemg performed Pnor to the conrrnencement of any work relatmg to the
easement, the Owner shall provide eVidence of liability msurance coverage relatmg to
such work, said msurance coverage to be m a conrrnerc13lly reasonable amount, wntten
by an msurance company authonzed to do busmess m the state of Oregon and otherwise
reasonably acceptable to PeaceHealth and shall secure the appropnate permits from the
CIty of Spnngfield
9. AMENDMENTS TO THESE CC&Rs
PeaceHealth must approve all amendments to these CC&Rs The ASSOCiation may
propose changes to these CC&Rs to PeaceHealth If such changes have been approved by
a maJonty of the Board IfPeaceHealth agrees With the ASSOCiation's proposed
amendment(s), the ASSOCiatIOn will notifY all Owners and Occupants III wntmg of ItS
consent and undertake all necessary steps to make the proposed amendment(s)
PeaceHealth may also propose amendments to these CC&Rs to the ASSOCiatIOn and make
such changes With an affirmative vote of a maJonty of the Board All amendments to
these CC&Rs shall be recorded by PeaceHealth m the real property records of Lane
County, Oregon
10. ENFORCEMENT
PeaceHealth and the ASsoc13tlOn shall have the nght to enforce all of the
covenants, conditions, restnctlons, reservatIOns, easements, and changes now or
heremafter Imposed pursuant to any provIsion of these CC&Rs by any appropnate
proceedmg at law or m eqUIty, subJect to any limitatIOns rrnposed by these CC&Rs Any
remedies speCifically prOVided herem are nonexclUSive and cumulative and are m addition
to all other remedies available to PeaceHealth and the ASSOCiatIOn at law or m eqUIty
Any Occupant shall have the nght to petitIOn any court of competent JunsdlctlOn to
reqUIre speCific performance of any provIsions of these CC&Rs The ASsoc13tlOn
reserves the nght to perform the landscapmg and mamtenance obligatIOns of Section 6 1
If Owner and/or Occupant fail to perform such obligatIOns wlthm ten (10) days after
wntten notice The cost of such enforcement by PeaceHealth and the ASSOCiatIOn,
mcludmg but not limited to, mterest, costs and expenses of collection and reasonable
[/CCR Occ 062306-FINAL]
PAGE 28
1131/0810 37 38 AM
attorney fees, will be assessed to the Owner and/or Occupant, and PeaceHealth and the
ASSOCiatIOn reserve the nght to secure a hen agamst the Owner's Third Party
Improvements for failure to pay such assessment wlthm a reasonable trrne
11. GENERAL PROVISIONS
11.1 Duration
These Covenants, ConditIOns, and RestnctlOns shall run With and bmd, benefit,
and burden the Property, PeaceHealth, all Occupants, and the sublessees, mVltees, and
guests of all Occupants until Nmety-Nme (99) years from the Effective Date unless
extended by PeaceHealth as follows PeaceHealth shall have the nght to renew these
CC&Rs for an unlrrnlted number of successive five-(5) year penods by recordmg a notice
to that effect m the real property records of Lane County, Oregon pnor to the ongmal
expiratIOn date as stated above or the expiratIOn date ofthe followmg,renewal penod
11.2 Severability
In the event any proVISIOn of these CC&Rs IS determmed to be mvalid or
unenforceable, that determmatlOn shall not affect the validity or enforceability of any
other provIsIOn or of the same prOVISIOn to a different situation
11.3 Non-Waiver
Any f31lure of the ASSOCiatIOn or of Peace Health to enforce a covenant, conditIOn,
or restnctlOn con tamed m these CC&Rs shall not be deemed to constitute a waiver of the
ASSOCiatIOn's nght or of Peace Health's nght to enforce that or any other covenant,
conditIOn, or restnctlOn contamed m these CC&Rs
11.4 Waiver of Damages
PeaceHealth and the ASSOCiatIOn shall not be liable to any Occupant or to any other
person for ItS enforcement or failure to enforce any provlSlon of these CC&Rs except as
arlSlng from PeaceHealth or the ASSOCiation's bad faith Each Occupant, by acqumng
such Occupant's mterest m the Property or by occupymg any portIOn of the Property,
agrees not to bnng any actIOn or SUIt agamst PeaceHealth or the ASSOCiation to recover
any such damages or to seek any other relief agamst PeaceHealth or the ASSOCiatIOn by
reason of any such enforcement or f31lure to enforce any provlSlon of these CC&Rs
11.5 Constructive Notice and Acceptance
By the recordmg of these CC&Rs, each Occupant shall be deemed to have
consented and agreed to every tenn, covenant, condition, and restnctlon contamed herem
[/CCR Occ 062306-FlNAL]
Date Received
Planner, AL
/3,t"fJ.I'
1 I
PAGE 29
1131108103738 AM
11.6 Joint and Several LIability
If an Owner consists of more than one person or entity, each of such persons and
entities shall be Jomtly and severally liable for any assessment or charge and for the
performance of any other obligatIOn rrnposed pursuant to these CC&Rs
11.7 Consent or Action
In the event that these CC&Rs are silent as to the standard for any consent,
approval, determmatlOn, or srrnilar discretIOnary actIOn, the standard shall be the
reasonable discretIOn of the party, rather than a sole discretIOn standard
11.8 CaptIons
The captIOns and headmgs of sectIOns herem are for convemence only and are not
mtended m any way to defme, lrrnlt, or descnbe the scope or mtent of any sectIOn of these
CC&Rs
11.9 Notices
All notices under these CC&Rs shall be m wntmg Any such notice shall be
deemed effective on the earlier ofthe date of delivery or, Ifmalled, three (3) busmess
days followmg the date of mallmg, If addressed to the addressee at the address, If any,
deSignated m the ASSOCiation's records Notices shall be sent to PeaceHealth at-the
followmg address unless the ASSOCiatIOn IS notified of a change
PeaceHealth
1255 Hilyard Street
Eugene, OR 97401
AttentIOn Chief Executive Officer
Copy to:
PeaceHealth Legal Department
14432 SE Eastgate Way, SUIte 300
Bellevue, WA 98007-6412
AttentIOn Semor Vice PreSident of Legal ServICes
11.10 Attorneys' Fees
In the event SUIt, actIOn, arbitration or other proceedmg of any nature whatsoever,
inc1udmg, Without limitatIOn, any proceedmg under the U S Bankruptcy Code, IS
mstltuted to mterpret or enforce any proVISIOn of these CC&Rs, or With respect to any
dispute relatmg to these CC&Rs, mc1udmg, Without limitatIOn, any actIOn which a
[/CCR occ 062306-FlNAL]
PAGE 30
1/31/0810 37 38 AM
declaration ofnghts IS sought, the prevailmg party therem shall be entitled to recover
from the losmg party Its reasonable attorney fees and all other costs and expenses actually
mcurred and reasonably necessary m connection therewith, and any other sum as the court
or arbitrator may adJudge reasonable as attorneys' fees, costs and expenses at trial and on
any appeal
11.11 Dispute Resolution
If a dispute ansmg under or mvolvmg mterpretatlOn of these CC&Rs (other than a
dispute mvolvmg nonpayment of assessments) cannot be resolved through negotiations
between PeaceHealth and the ASSOCiation, or an Occupant to the extent the dispute
mvolves their mterests, the parties shall submit the dispute to nonbmdmg med13t1on Any
party may request mediatIOn The requestmg party must suggest an mdependent mediator
With the request for med13tlOn If the parties cannot agree on a med13tor, any party may
apply to the Presldmg Judge, Lane County CirCUIt Court, for appomtment of a mediator
The parties shall share equally m the fees and costs of the mediator Each party shall be
responsible for ItS own attorney fees Med13t1on shall be m Lane County, Oregon, unless
the parties agree otherwise If a dispute IS not resolved by mediatIOn, the parties may, but
are not reqUired to, agree to submit the dispute to bmdmg arbitratIOn, m such case, the
parties shall agree upon the arbitrator, or If they are unable to agree, to seek appomtrnent
of an arbitrator from the presldmg Judge, Lane County CirCUIt Court pursuant to the
ConrrnerClal ArbitratIOn Rules of the Amencan Arbitration ASSOCiatIOn With the
prev31ling party awarded ItS fees and costs If a dispute cannot be resolved by mediation,
and the parties do not agree to submit the dispute to arbitratIOn, any party may file a
laWSUIt to resolve the dispute m a court With proper Junsdlctlon located m Lane County,
Oregon In case of an emergency, a party may request emergency mJunctlve reliefpnor
to gomg through the claims procedure outlmed III thiS Section Except to the extent
performance may be legally excused under the partICular Circumstances, each party shall
contmue to perform ItS duties under thiS Agreement while the resolutIOn of a dispute IS
pendmg
11.12 ExhIbIts
Exhibit A (DescnptlOn of the Property), Exhibit B (Development Standards) and
Exhibit C (Map of the Conrrnon Area) are attached to these CC&Rs and by thiS reference
made a part hereof
11.13 Assignment of Rights
Except as proVided m Section 3 herem, PeaceHealth shall have the nght to assign
and/or delegate all or portions of ItS nghts under these CC&Rs to another entity or
entities
[/CCR Occ 062306-FINALJ
Date Received, 1;.1/ /:u;o,f
Planner AL ~
PAGE 31
1131/08103738 AM
IN WITNESS WHEREOF, PeaceHealth has executed these CC&Rs on this
day of , 2008
PEACEHEALTH
A Washmgton Non-Profit Corporation
By
STATE OF OREGON )
) ss
County of Lane )
The foregomg mstnJrnent was acknowledged before me thiS day of
, 2008 by " as
of Peace Health, a Washmgton non-profit corporatIOn
Notary Public for Oregon
My Conrrnlsslon Expires
[/CCR occ 062306-FINALI
PAGE 32
1/31/08103738 AM
[/CCR Occ 062306-FlNAL]
LEGAL DESCRIPTION OF THE PROPERTY
Date Received 0/~J'
Planner. AL ;-
PAGE 33
1/31/0SI0373SAM
DEVELOPMENT STANDARDS
[/CCR Occ 062306-FINAL]
PAGE 34
1/31/08103738 AM
MAP OF COMMON AREAS
[/CCR Occ 062306-FINAL]
Date Received I h(/.;l{$f
Planner AL I .
PAGE 35
1/31/08103738 AM
Page lof2
L1MBIRD Andrew
From
Sent
To
Subject
L1MBIRD Andrew
Thursday, January 31, 200810 36AM
KNAPEL Carole
RE PeaceHealth Plat Review - PRE2007-00088 - Clanficatlon of SUB2005-00012 #5
Thanks Carole, this should address Condition #5 (SUB2005-00012) suffiCiently
Andy
From: KNAPEL Carole
Sent: Thursday, January 31, 2008 10 32 AM
To UMBIRD Andrew, ERNST DenniS
Subject: FW PeaceHealth Plat ReView - PRE2007-00088 - Clanficatlon of SUB2005-00012 #5
Andy, and DenniS,
Here IS a response to one of the questions which arose dunng the pre-submittal meeting Do you need something
more formal from KPFF or IS thiS suffiCient?
Carole
From: Andrew Haliburton [m'allto andrew hallburton@kpffclvllpdx com]
Sent: Thursday, January 31, 2008 9 31 AM
To: KNAPEL Carole
ee: FARRINGTON Phil (SMTP), Rachel Gnffith, Peter Craig
Subject: PeaceHealth Plat ReView - PRE2007-00088 - Clanficatlon of SUB2005-00012 #5
Carole
At the pre-submittal meeting on 1/15/08, the follOWing Item was flagged by the reViewer, Andy Llmblrd The Issue
IS a discrepancy In the nght-of-way Width for Cardinal Way The follOWing IS the explanation that I agreed to
provide
~UB2005-00012 - #5 The reviewer correctlv noted that the condition reoulres the noht-of-wav Width of Cardinal
Wav at RlverBend to be 112 feet. bullhatthe Width as shown on the 01 at onlv measures 95 feet
ThiS specific discrepancy was addressed at the time of permitting the PIP Section A Improvements The
Applicant response (dated 8/29/2005) IS attached, and the Issue was addressed as part of Condition 5 on Page
1 Our response referred to diSCUSSions of thiS particular Issue With the City'S transportation department The
PIPs were approved With the Width of 95 feet, on the baSIS of the deSign and the attached applicant response
The constructed Width of 95 feet IS also shown consistently In the Record DraWings for PIP Section A on Sheets
C3 1 and C12 1
We believe the dimenSion of 112 feet was an error and was Intended to refer to MLK Parkway Immediately north
of Cardinal Way, which was consistently shown on the SubdivIsion Tentative Plan as 112 feet
Please convey thiS explanation to Andy Llmblrd I would be happy to diSCUSS further If necessary Conversely, If
thiS explanation IS suffiCient, please indicate so we can close thiS Issue
Date Received. Ih,~,r
Planner. AL I I
1/31/2008
Page 1 of 1
L1MBIRD Andrew
From
Sent
To
Subject
Attachments
KNAPEL Carole
Thursday, January 31,2008 1032 AM
L1MBIRD Andrew, ERNST Dennis
FW PeaceHealth Plat Review - PRE2007-00088 - Clarlficalion of SUB2005-00012 #5
RlverBend PIP - STP Cond of Approv Matrix pdf
Andy, and Dennis,
Here IS a response to one of the questions which arose dUring the pre-submittal meeting Do you need something
more formal from KPFF or IS thiS suffiCient?
Carole
From: Andrew Haliburton [mallto andrew hallburton@kpffclvllpdx com]
Sent: Thursday, January 31, 2008 9 31 AM
To: KNAPEL Carole
Cc' FARRINGTON Phil (5MTP), Rachel Griffith, Peter Craig
Subject: PeaceHealth Plat Review - PRE2007-00088 - Clarification of 5UB2005-00012 #5
Carole
At the pre-submittal meeting on 1/15/08, the following Item was flagged by the reviewer, Andy lImblrd The Issue
IS a discrepancy In the right-of-way Width for Cardinal Way The follOWing IS the explanation that I agreed to
provide
SUB2005-00012 - #5 The reviewer correctlv noted that the condition reaUlres the rlaht-of-wav Width of Cardinal
Wav at RlverBend to be 112 feet. but that the Width as shown on the olat onlv measures 95 feet
ThiS specific discrepancy was addressed at the time of permitting the PIP Section A Improvements The
Applicant response (dated 8/29/2005) IS attached, and the Issue was addressed as part of Condition 5 on Page
1 Our response referred to discussions of thiS particular Issue With the City'S transportation department The
PIPs were approved With the Width of 95 feet, on the basIs of the design and the attached applicant response
The constructed Width of 95 feet IS also shown consistently In the Record Drawings for PI P Section A on Sheets
C3 1 and C12 1
We believe the dimension of 112 feet was an error and was Intended to refer to MLK Parkway Immediately north
of Cardinal Way, which was consistently shown on the SubdiVISion Tentative Plan as 112 feet
Please convey thiS explanation to Andy Llmblrd I would be happy to discuss further If necessary Conversely, If
thiS explanation IS suffiCient, please indicate so we can close thiS Issue
Many thanks,
Andrew
Data Received.
Planner. AL
1/3/.200/
/
1/31/2008