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HomeMy WebLinkAboutApplication APPLICANT 12/26/2007 (3) IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) PRE-SUBMITTAL REC'O DEe 2 6 2007 REFERENCE DOCUMENTATION I DECISION SUB2005-00012 I SUB2006-00044 I CONDITIONS(Sl #7 and #34 1#10 IN CONSIDERATION of the covenants herein recited, the City of Spnngfleld, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Applicant(s), do covenant, and agree with respect to the real property descnbed below as follows 1 Applicant(s) warrants and represents to the City of Spnngfleld that It IS the owner of the property more particularly descnbed and set forth In Paragraph 7 below and, as owner, has the authonty to enter Into thiS Improvement Agreement with the City of Spnngfleld 2 Applicant(s) desires Development Approval from the City With respect to the following Development Application SUB 2005-00012 and SUB2006-00044 3 l"he development will cause both an Immediate and long-term demand on the vanous publiC facilities of City and Lane County Including the speCifiC public Improvements necessitated by the development as set forth In paragraph 6 4 ThiS Improvement Agreement IS an alternative to Imposing a condition on Applicant's development approval that the Applicant make Immediate construclion of any public Improvement that the development necessitates The obJeclive IS to promote efficiency, coordination, and spread costs by providing an opportunity for a dlstnct wide Improvement mechanism where construction occurs In a coordinated project With the participation of adjacent and other properties In the area, Instead of requlnng Immediate Improvement In conjunction With each development application There IS no guarantee, however, that such a coordinated project will be pOSSible and the City reserves the nght to require construction of the Improvements In the future at CIty discretion 5 (a) Applicant and City agree that Applicant will pay the cost of the following publiC facility Improvements described In Paragraph 6 In accordance With respective cost assumption policy established by City at the time the City determines to undertake and complete such public Improvements (b) Applicant and City acknowledge and agree that the cost of such Improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned If the Improvements were constructed Immediately or by Applicant now or later (c) Applicant acknowledges that the timing of the construction of such Improvements IS Within the sole and exclusive direction of the City 6 (a) STREET IMPROVEMENTS along the frontage of Loop Road from Baldy View Lane to the east property line of Lot 8 to Include [8J surface paving, [8J storm sewers, [8J sanitary sewers, [8J curbs, [8J gutters, [8J planter stnps, [8J street trees, [8J street lights, [8J Sidewalks (Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 013 (b) TRAFFIC SIGNALS at the Intersection of N/A (c) OTHER IMPROVEMENTS N/A Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropriate City codes and ordinances Applicant acknowledges that It understands that the Improvements made will be those required to bring the street to full urban standards for the then current funcllonal classification of the street as those standards eXist at the time the Improvements are made and may, therefore, differ from the list of Improvements checked herein 7 LEGAL DESCRIPTION The real property desCribed as Lot 8 of RtverBend, Phase II, dated December XX, 2007, and recorded In Land County on XX Month, 2008 8 City agrees that Applicant's execution and performance of the terms of the Agreement will be deemed to be In compliance with City's policy pertaining to Improvement requirements, and If Applicant complies In every respect with all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and condlllons of approval set forth therein 9 ThiS agreement IS enforceable by the State of Oregon, Lane County or City 10 APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any right to protest the amount or manner of spreading the assessment thereof, If the same shall appear to the Applicant to bear inequitably or unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condition IS In conSideration for the City's waiver of the requirement for the Immediate construcllon of the public Improvements that the development necessitates ThiS Improvement agreement waives the property owner's right to file a written remonstration It does not waive a property owner's right to comment on the proposed district or any related matters orally or In writing 11 It IS the Intention of the parties hereto that the covenants herein contained shall run with the land herein deSCribed, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parttes hereto, and shall be construed to be a benefit and a burden upon the property herein deSCribed ThiS Agreement shall be recorded In the Lane County Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of thiS property, you are adVised to diSCUSS thiS Agreement with an Attorney of your chOice Execution and recordallon of thiS Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property deSCribed In Section 7 and their heirs, successors and assigns These requirements Include but are not limited to the payment for the public Improvements deSCribed In Section 6 ThiS may result In an assessment lien on the Real Property deSCribed In Section 7 and Significant costs to the Owner and Purchasers, and their heirs, successors and assigns An Applicant's signature on thiS Agreement indicates that the Applicant has thoroughly read thiS Agreement, understands It, has had the opportunity to consult legal counsel prior to ItS execution, and understands that execution of the Agreement may result In Significant financial obligations Imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by thiS Improvement Agreement should also thoroughly review thiS Agreement, consult with legal counsel prior to purchaSing the property, and understand that thiS Agreement may result In a Significant financial obligation Imposed upon any Owner of the Real Property deSCribed In Section 7 Page2of3 WHEREFORE, the parties have hereunto set their hand this day of , 20~ (SEAL) (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF } ss BE IT REMEMBERED that on this day of ,200_before me, the undersigned, a notary public In and for said County and State, personally appeared the within named whose Identity was proved to me on the basIs of satisfactory eVidence and who by me duly sworn, did say that Is/are the of and does acknowledge said Instrument to be the free act and deed of said Corporation, and that the seal affixed to said Instrument IS the Corporate seal of said Corporation, and that said Instrument was signed and sealed In behalf of said Corporation by authority of ItS Board of Directors IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal the day and year last above written Notary Public for Oregon CITY OF SPRINGFIELD By Dennis P Ernst - City Surveyor STATE OF OREGON COUNTY OF } ss BE IT REMEMBERED that on thiS day of , 200_before me, the undersigned, a notary public In and for said County and State, personally appeared the within named Dennis P Ernst whose Identity was proved to me on the basIs of satisfactory eVIdence and who executed the within Instrument and acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my offiCial seal the day and year last above written Notary Public for Oregon Page 30f3 , . pl<c-SUBMITIAl REC'O ot.c 2 (; 2.007 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) I REFERENCE DOCUMENTATION I DECISION I SUB2005-00012 I CONDITIONS(Sl #9 IN CONSIDERATION of the covenants herein rectted, the City of Springfield, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Applicant(s), do covenant, and agree With respect to the real property described below as follows 1 Applicant(s) warrants and represents to the City of Springfield that It IS the owner of the property more particularly described and set forth In Paragraph 7 below and, as owner, has the authOrity to enter Into this Improvement Agreement With the City of Springfield 2 Applicant(s) desires Development Approval from the City With respect to the follOWing Development Application SUB2005-00012 3 The development Will cause both an Immediate and long-term demand on the various public faCilities of City and Lane County Including the specific public Improvements necessitated by the development as set forth In paragraph 6 4 This Improvement Agreement IS an altematlve to Imposing a condition on Applicant's development approval that the Applicant make Immediate construction of any public Improvement that the development necessitates The objective IS to promote efficiency, coordination, and spread costs by proViding an opportunity for a district Wide Improvement mechanism where construction occurs In a coordinated project With the participation of adjacent and other properties In the area, Instead of reqUlrlrlg Immediate tmprovement In conjunction With each development applicalion There IS no guarantee, however, that such a coordinated project Will be pOSSible and the City reserves the right to require construction of the Improvements In the future at City discretion 5 (a) Applicant and City agree that Applicant Will pay the cost of the follOWing public faCility Improvements deSCribed In Paragraph 6 In accordance With respeclive cost assumption policy established by City at the time the City determines to undertake and complete such public Improvements (b) Applicant and City acknowledge and agree that the cost of such Improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned If the Improvements were constructed Immediately or by Applicant now or later (c) Applicant acknowledges that the timing of the construction of such Improvements IS Within the sole and exclUSive direction of the City 6 (a) STREET IMPROVEMENTS along the frontage of Deadmond Ferry Road to Include ~ surface paving, ~ storm sewers, ~ sanitary sewers, ~ curbs, ~ gutters, ~ planter stripS, ~ street trees, ~ street lights, ~ Sidewalks (Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRtNGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRINGFIELD OR 97477 Page 1 of3 " 0 . . (b) TRAFFIC SIGNALS at the Intersection of N/A (c) OTHER IMPROVEMENTS N/A Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropriate City codes and ordmances Applicant acknowledges that It understands that the Improvements made will be those required to brmg the street to full urban standards for the then current functional classification of the street as those standards eXist at the time the Improvements are made and may, therefore, differ from the list of Improvements checked herem 7 LEGAL DESCRIPTION The real property described as Lot 9 of RlverBend, Phase II, dated December XX, 2007 and recorded In Lane County on XX Month, 2008 8 City agrees that Applicant's execution and performance of the terms of the Agreement will be deemed to be m compliance With City'S policy pertaining to Improvement requirements, and If Applicant complies m every respect With all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and conditions of approval set forth therem 9 ThiS agreement IS enforceable by the State of Oregon, Lane County or City 10 APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any right to protest the amount or manner of spreadmg the assessment thereof, If the same shall appear to the Applicant to bear meqUltably or unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condition IS In consideration for the City's waiver of the requirement for the Immediate construction of the public Improvements that the development necessitates ThiS Improvement agreement waives the property owner's right to file a written remonstration It does not waive a property owner's right to comment on the proposed district or any related matters orally or In writing 11 It tS the mtentlon of the parties hereto that the covenants herein contained shall run With the land herein described, and shall be bmdmg upon the heirs, executors, assigns, administrators, and successors of the parttes hereto, and shall be construed to be a benefit and a burden upon the property herem described ThiS Agreement shall be recorded In the Lane County Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of thiS property, you are adVised to discuss thiS Agreement With an Attorney of your chOice Execution and recordation of thiS Agreement will place requirements on the Owner and any subsequent purchaser of the Real Property described In Section 7 and their heirs, successors and assigns These requirements mclude but are not limited to the payment for the publiC Improvements described In Section 6 ThiS may result m an assessment lien on the Real Property descnbed m Section 7 and significant costs to the Owner and Purchasers, and-their heirs, successors and assigns An Applicant's signature on thiS Agreement Indicates that the Applicant has thoroughly read thiS Agreement, understands It, has had the opportunity to consult legal counsel pnor to ItS execution, and understands that execution of the Agreement may result In significant financial obligations Imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by thiS Improvement Agreement should also thoroughly review thiS Agreement, consult With legal counsel pnor to purchasmg the property, and understand that thiS Agreement may result In a significant financial obligation Imposed upon any Owner of the Real Property descnbed m Section 7 Page2of3 , . WHEREFORE, the parties have hereunto set their hand this day of , 20L- (SEAL) (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of ,200---.Jlefore me, the undersigned, a notary public In and for said County and State, personally appeared the within named whose Identity was proved to me on the baSIS of satisfactory eVidence and who by me duly sworn, did say that Is/are the of and does acknowledge said Instrument to be the free act and deed of said Corporation, and that the seal affixed to said Instrument IS the Corporate seal of said Corporation, and that said Instrument was signed and sealed In behalf of said Corporalion by authority of ItS Board of Directors IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon CITY OF SPRINGFIELD By DenniS P Ernst - City Surveyor STATE OF OREGON COUNTY OF } 55 BE IT REMEMBERED that on this day of ,200_before me, the undersigned, a notary public In and for said County and State, personally appeared the within named DenniS P Ernst whose Identity was proved to me on the baSIS of satisfactory eVidence and who executed the within Instrument and acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon Page3of3 : PRE-SUBMITIAL REC'D DEe 2 6 2007 DECLARATION OF ACCESS AND MAINTENANCE AGREEMENT FOR PUBUC LANDSCAPE AREAS, PUBLIC ACCESSWAYS AND PATHS, AND OPEN PUBLIC STORM DRAINAGE SYSTEMS IN ORDER TO COMPLY WITH CONDITION 21, CONDITIONS OF APPROVAL, RIVERBEND SUBDIVISION TENTATIVE PLAN SUB 2005-00012, OF THE CITY OF SPRINGFIELD DATED MAY 10, 2005 1. This Agreement IS entered Into between PeaceHealth, a Washington non- profit corporation, Wtllamalane Park and Recreation Dlstnct, an Oregon special dlstnct, and the City of Spnngfield, a municipal corporation of the state of Oregon " 2. This Agreement IS made to comply with Condition 21 of the Conditions of Approval of RlverBend SubdivIsion Tentative Plan SUB 2005-00012 of the City of Spnngfield, dated May 10, 2005 which provides as follows' "Condition 21. Pnor to Final Plat approval, the applicant and the City shall enter Into an agreement providing for the long-term access and maintenance of the proposed public landscaping areas, public access ways and paths, and open public storm drainage systems" 3 PeaceHealth, a Washington non-profit corporation, IS the owner of the real property more particularly descnbed and set forth In Exhibit A, attached hereto and Incorporated herein by reference The parties are entenng Into thiS Agreement wtth reference to a Plat, a copy of which IS attached hereto and Incorporated herein by reference as Exhibit B. Said Plat IS recorded as follows 4 This Agreement IS entered Into In order to provide for the proVISion and ongoing maintenance of landscaping, trails, associated trail and access way Improvements, and open public storm drainage system necessary for the RlverBend Project 5. The parties hereto have agreed to speCific responsibilities concerning the cost for the Installation, construction, and maintenance of the landscaping and trails and open public storm drainage systems Within the RlverBend Master Plan area. 6 ' CONSIDERATION The conSideration for thiS Declaration of Access and Maintenance Agreement IS the reCiprocal promises and responSibilities made and accepted by each of the parties to thiS Agreement. NOW THEREFORE, based on the foregOing ReCitals which are expressly made a part of thiS Agreement the parties hereto agree to apportion the speCific responsibility MAINTENANCE AND ACCESS AGREEMENT Page -1- .' for the cost of Installatton, construction, and maintenance of the landscaping, public access ways and paths, and the open public storm drainage systems as follows' 1 Marttn Luther Kina f'MLK") and Cardinal Wav. west of MLK (See Exhibit B) ( (a) City will retain ownership of MLK median nght-of-way and Cardinal Way median nght-of-way, west of MLK, (b) City will Install at City expense and maintain median trees, landscaping, and Irrigation system. 2 MLK 30 foot Buffer LandscaDlnQ. (See Exhibit B) (a) PeaceHealth will, at PeaceHealth's expense, Install and maintain street trees, and maintain landscaping and Irrigation system City will maintain street trees paid for and Installed by PeaceHealth but PeaceHealth has the option to replace the trees wIth other trees satIsfactory to City PeaceHealth will assume the replacement cost for trees Installed at PeaceHealth's option, (b) If street furniture or other appurtenances, for example, benches, trash receptacles, par course equipment, etc , are paid for and Installed by PeaceHealth, PeaceHealth will maintain these Unless arrangements are made to the contrary, other appurtenances that may be paid for and Installed by the City, Lane Transit Dlstnct, or Wlllamalane Park and Recreation Dtstrlct, Wtll be maintained by the furnishing party. 3 MLK Multi-Use Trail. (See Exhibit B) (a) In accordance with the requirements of Condition 27 of the SubdlVtSIOn Tentative Land Use DecIsion (SUB 2005-00012), PeaceHealth shall dedicate/reserve a minimum 25-foot public trail easement to the City for public access through the SubdivIsion Such dedication/reservation shall be desCribed on the Final SubdivIsion Plat or other Instrument acceptable to the City (b) City will maintain ownership of the MLK Multi-Use Trail PeaceHealth will, at PeaceHealth expense, construct and Illuminate trail Such construction and trail Illumination shall be Included In the Public Improvement Plans (PIP), and bUilt to City standards and speCifications (c) Where necessary for public safety City will, at City expense, maintain trail surface City wtll sweep trail (d) If street furniture or other appurtenances, for example, benches, trash receptacles, par course eqUipment, etc., are Installed by PeaceHealth, PeaceHealth will maintain these Unless arrangements are made to the contrary, other appurtenances that may be Installed by the City, MAINTENANCE AND ACCESS AGREEMENT Page -2- Lane Transit District, or Wlllamalane Park and Recreation District, Wtll be maintained by the furnishing party (e) City will own, maintain, and power the Illumination system (f) PeaceHealth will be responsible for litter removal 4, Game Farm Road So Buffer, (See Exhibit B) (a) PeaceHealth, at PeaceHealth's expense, will Install and maintain all landscaping Including trees and the Irrrgatlon system PeaceHealth will maintain all landscaping including trees and the Irrrgatlon system, (b) If street furniture or other appurtenances, for example, benches, trash receptacles, par course eqUipment, etc , are Installed by PeaceHealth, PeaceHealth Will maintain these Unless arrangements are made to the contrary, other appurtenances that may be Installed by the City, Lane Transit District, or Wlllamalane Park and Recreation District, Will be maintained by the furnishing party (c) PeaceHealth Will be responsIble for all litter removal 5 Game Farm Road So Tra!1 (See Exhibit B) (a) In accordance With the requirements of Conditions 28 and 29 of the SubdiVIsion Tentative Land Use DeCISion (SUB 2005-00012), PeaceHealth shall dedicate/reserve a 25-foot Wide public trail easement to the City through the SubdiVISion Such dedication/reservation shall be described on the Final SubdiVIsion Plat or other Instrument acceptable to the City, (b) PeaceHealth Will, at PeaceHealth's expense, construct and Illuminate trail Such construction and trail Illumination shall be Included In the Public Improvement Plans (PIP), and bUilt to City standards and speCifications (c) City Will maintain trail surface where necessary for public safety. City Wtll sweep trail. City Will be responsible for locating funding for trail/pavement preservation City Will own, maintain, and power the Illumination system 6 Other Street Medlans-St ]oc;eoh's Place. RlverBend Drive. and Cardinal Way east of MLK (See Exhibit B) PeaceHealth, at PeaceHealth's expense, wtlllnstall street trees, and maintain landscaping and Irrrgatton system City Will maintain the street trees, however, PeaceHealth has the option to replace the trees. PeaceHealth Will assume the replacement cost of the trees Installed at PeaceHealth's option 7. Other Street Parklno Stnos (See Exhibit B) MAINTENANCE AND ACCESS AGREEMENT Page -3- . J PeaceHealth, at PeaceHealth's expense, will Install and maintain landscaping and Irrigation system, City will maintain the street trees, however, PeaceHealth has the option to replace the trees With other trees satisfactory to City PeaceHealth will assume the replacement cost of the trees Installed at PeaceHealth's optton 8 RiversIde Trail, (See Exhibit B) (a) In accordance With the requirements of Conditions 25 and 26 of the SubdiVIsion Tentattve Plan Land Use DeCISion (SUB 2005-00012), PeaceHealth shall dedicate/reserve a 25-foot Wide public trail easement to Wlllamalane Park and Recreation District Such dedication shall be described on the Final SubdiVIsion Plat, or other Instrument approved by the deSignee of the dedication, (b) PeaceHealth, at PeaceHealth's expense, Will construct river path With Site Plan Improvements paid for by PeaceHealth, and Will do sweeping of trail PeaceHealth Will be responsible for any correction of heaVing caused by vegetation PeaceHealth will be responsible for removal of all litter (c) Except as specified In 8(b), WI llama lane Park and Recreation District Will be responsible for the cost of surface maintenance and repairs and Will accomplish such maintenance and repairs With assistance from the City The payment of any funds by City to Wlllamalane IS subject to the availability of City funding as determined In the total sole unfettered discretion of the City of Springfield, Wlllamalane Park and Recreation District Will do slurry seals City Will consider assisting Wlllamalane Park and Recreation District With pavement preservation as time and funding allows (d) PeaceHealth Will construct Illumination system PeaceHealth Will maintain Illumination system, Including installation and repair of light standards and bulbs (e) PeaceHealth Will maintain all landscaping, and Will be responstble for hazard tree mitigation. (f) PeaceHealth Will maintain all slgnage along trail 9. Meadow Accesswav (See Exhibit B) (a) PeaceHealth, at PeaceHealth's expense, Will construct accessways With site plan Improvements, Will maintain and repair accessway surfaces, Will be responstble for sweeping and all litter removal. PeaceHealth Will own, maintain, and power the Illumination system including Installation and repair of light standards and bulbs. PeaceHealth Will construct and maintain any slgnage along accessways (b) City Will be responsible for electriCIty costs of Illuminating the Meadow Accessway MAINTENANCE AND ACCESS AGREEMENT Page -4- 10 Cardinal Way Accessw(jv. and Maole Wav Accesswav (See Exhibit B) (a) Peace Health, at PeaceHealth's expense, will construct accessways with site plan Improvements, will maintain and repair accessway surfaces, will be responsible for sweeping and all litter removal Wlllamalane will pay electnclty bills to power the Illumination system on these accessways PeaceHealth will pay to Install and maintain light standards and bulbs PeaceHealth Will construct and maintain any slgnage along accessways 11. Mallard Accesswav (See Exhibit B) (a) PeaceHealth, at PeaceHealth's expense, Will construct accessway as part of SubdivIsion PIP PeaceHealth Will be responsible for litter removal PeaceHealth wtlllnstall and repair light standards and bulbs PeaceHealth Will construct and maintain any slgnage along accessway, as approved In PIP, PeaceHealth or Its successors and assigns Will maintain the accessway and lighting along the accessway, (b) City Will maintain accessway surface where necessary for public safety, City Will sweep trail City Will own, maintain, and pay for power to the Illumination system 12 Stormwater Detention Pond, (See Exhibit B) PeaceHealth, at PeaceHealth's expense, Wtll Install landscaping and Irrigation systems at the stormwater detention pond The landscaping shall be Installed as descnbed In the approved Public Improvement Plans, PeaceHealth Will maintain all landscaping and Irrigation at the stormwater detention pond In a manner conStstent with the City's Design and Procedures Manual. 13, Peroetual This Agreement IS perpetual and shall run With the land and benefits and burdens the real property deScribed herein and shall btnd all parties hereto and their respective heirs, successors, and asstgns 14. Amendment This document may not be amended or changed without the wntten consent of all parties hereto. PEACEHEALTH By ~ ~ Date MAINTENANCE AND ACCESS AGREEMENT Page -5- WILLAMALANE PARK AND RECREATION DISTRICT L{ 10-1 0(.. Date B;\2-..J'-s4. '-..J. \ L.J> c.. ~ \ CITY OF SPRINGFIELD Lf ~ 1'6" -Or.-. Date By' OaA. '-t'. ,/)t1fn-'~ , - I'\- 1: t.. t- I {.. ~ I--{tt.... tt 'S"........ Rr'I'l''!1['' ' '-:;r"'OV'"D (1 .' I~ 'V Ot ~~ r H !: A3:~)1 q~~ L --'::'O:>l':'I""' ~ ~~ I "'0 ''fj~JOb_---- II, I ,,,I I': r" IV,\f I URNI'Y MAINTENANCE AND ACCESS AGREEMENT Page -6- A PARCEL OF LAND LOCATED IN THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 22, THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 23, THE SOUTHEAST QUARTER OF SECTION 15, AND THE SOUTHWEST QUARTER OF SECTION 14, ALL IN TOWNSHIP 17 SOUTH, RANGE 3 WEST, WlLLAMETTE MERIDIAN, LANE COUNTY, OREGON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE WILLIAM M STEVENS DONATION LAND CLAIM NO 46, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WlLLAMETTE MERIDIAN, THENCE NORTH 01'45'25" EAST 500 FEET TO AN ANGLE POINT IN THE CENTER LINE OF DEADMOND FERRY ROAD (COUNTY ROAD NO 90), THENCE ALONG SAID CENTERLINE OF DEADMOND FERRY ROAD (COUNTY ROAD NO 90) NORTH 42'36'13" EAST 160 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO DONALD A AND MELBA L McBROOM, RECORDED IN VOLUME 378, PAGE 289, LANE COUNTY OREGON DEED RECORDS, THENCE CONTINUING ALONG SAID CENTERLINE NORTH 42'36'13" EAST 79 FEET TO THE NORTHEAST CORNER OF PARCEL 1 AS DESCRIBED IN THAT CERTAIN WARRANTY DEED TO ARLIE & COMPANY, AN OREGON CORPORATION, RECORDED OCTOBER 10, 2001 AS FEE NO 2001-D66909, LANE COUNTY OREGON DEED RECORDS, THENCE LEAVING SAID CENTER LINE ALONG THE NORTHERLY AND EASTERLY BOUNDARIES OF SAID PARCEL THE FOLLOWING TWO(2} COURSES AND DISTANCES 1) SOUTH 33'50'47" EAST 197 6 FEET, THENCE 2} NORTH 42'38'13" EAST 593 52 FEET, MORE OR LESS, TO THE MIDDLE OF SPRING SLOUGH, THENCE ALONG THE MIDDLE OF SAID SPRING SLOUGH THE FOLLOWING SIXTEEN(16) COURSES AND DISTANCES 1} SOUTH 55'1T46" EAST 4686 FEET, THENCE 2} SOUTH 37"32'39" EAST 94 07 FEET, THENCE 3) SOUTH 46'04'03" EAST 113 61 FEET, THENCE 4) SOUTH 50'12'2T' EAST 82 30 FEET, THENCE 5) SOUTH 58'12'25" EAST 19 89 FEET, THENCE 6) NORTH 68'06'39" EAST 77 47 FEET, THENCE 7) NORTH 74'43'23" EAST 94 53 FEET, THENCE 8) NORTH 78'12'24" EAST 50 73 FEET, THENCE 9) NORTH 66'41'53" EAST 59 91 FEET, THENCE 10) SOUTH 74'14'51" EAST 82 62 FEET, THENCE 11) SOUTH 49'36'32" EAST 174 98 FEET, THENCE 12) SOUTH 19056'53" EAST 168 98 FEET, THENCE 13) SOUTH 35'50'09" EAST 202 46 FEET TO THE NORTHEAST CORNER OF BALDY VIEW CONDOMINIUMS, RECORDED IN FILE 75, SLIDES 102-105, LANE COUNTY OREGON PLAT RECORDS, THENCE 14) SOUTH 28'24'20" EAST 534 19 FEET ALONG THE LINE DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT RECORDED ON REEL 840R, INSTRUMENT NO 77-18900, lANE COUNTY OREGON DEED RECORDS TO THE SOUTHEAST CORNER OF SAID BALDY VIEW CONDOMNIUMS, THENCE 15) SOUTH 42'03'32" EAST 50 64 FEET, THENCE _ 16) SOUTH 29'21'12" EAST 377 40 FEET TO THE ORDINARY HIGH WATER LINE OF THE McKENZIE RIVER AS SHOWN ON U S ARMY CORPS OF ENGINEERS MAP MK 1-1.17, DATED MAY 2, 1947, THENCE FOLLOWING SAID ORDINARY HIGH WATER LINE IN A SOUTHWESTERLY DIRECTION 3075 73 FEET TO A POINT ON THE EASTERLY PROJECTION OF THE NORTH LINE OF A TRACT OF LAND CONVEYED TO F G YOUNG BY DEED RECORDED IN EXHIBIT A PAGE 1 OF 3 I VOLUME 73, PAGE 508, LANE COUNlY OREGON DEED RECORDS, BEARING SOUTH 43"28'37" WEST FROM THE LAST POINT, THENCE NORTH 88"10'40" WEST 129 07 FEET ALONG SAID EASTERLY PROJECTION TO THE NORTHEAST CORNER OF SAID F G YOUNG TRACT, THENCE CONTINUING ALONG SAID NORTH LINE NORTH 88"10'40" WEST 967 44 FEET TO A POINT ON THE EASTERLY MARGIN OF THE VACATED SOUTHERN PACIFIC RAilROAD RIGHT-OF-WAY, SAID POINT BEING FURTHER DESCRIBED AS A POINT ON A 985 04 FOOT RADIUS CURVE TO THE lEFT, FROM WHICH POINT THE CENTER OF ARC BEARS SOUTH 69"08'11" WEST, THENCE ALONG SAID EAST MARGIN LINE THE FOllOWING TWO(2) COURSES AND DISTANCES 1) NORTHWESTERLY 330 41 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19"13'08", WITH A LONG CHORD OF NORTH 30"28'23" WEST 328 87 FEET, THENCE 2) NORTH 40"04'57" WEST 229 02 FEET TO A POINT ON THE EAST MARGIN OF GAME FARM ROAD (COUN1Y ROAD NO 3), THENCE ALONG SAID EAST MARGIN LINE OF GAME FARM ROAD THE FOllOWING SIX(6) COURSES AND DISTANCES 1) NORTH 01"49'36" WEST 123 21 FEET, THENCE 2) NORTH 87"39'55" WEST 5 01 FEET, THENCE 3) NORTH 01049'36" WEST 41558 FEET, THENCE 4) SOUTH 88"18'32" EAST 5 01 FEET, THENCE 5) NORTH 01"49'36" WEST 746 71 FEET, THENCE 6) NORTH 01"07'36" WEST 28 16 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE crN OF SPRINGFIELD IN THE DEED RECORDED ON REEL 843, INSTRUMENT NO 77-22531, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG THE SOUTH, EAST AND NORTH LINES OF SAID CITY OF SPRINGFIELD TRACT THE FOllOWING THREE(3) COURSES AND DISTANCES 1) SOUTH 88"16'40" EAST 42760 FEET, THENCE 2) NORTH 02"06'16" WEST 41160 FEET, THENCE 3) NORTH 88"16'40" WEST 42558 FEET TO A POINT ON SAID EAST MARGIN LINE OF GAME FARM ROAD, THENCE ALONG SAID EAST MARGIN LINE THE FOllOWING FOUR(4) COURSES AND DISTANCES 1) NORTH 01"07'36" WEST 110 62 FEET, THENCE 2) NORTH 02"24'36" WEST 320 77 FEET, THENCE 3) SOUTH 87"34'37" EAST 5 02 FEET, THENCE 4) NORTH 02"24'36" WEST 122 68 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAl TH, A WASHINGTON NON-PROFIT ' CORPORATION, DESCRIBED IN THE STATUTORY WARRANTY DEED RECORDED DECEMBER 31, 2001 AS FEE NO 2001-088572, LANE COUNTY OREGON DEED RECORDS, THENCE ALONG THE NORTHERLY LINE OF SAID PEACEHEAl TH 1RACT THE FOllOWING THREE(3) COURSES AND DISTANCES '\ 1) SOUTH 88013'23" EAST 347 59 FEET, THENCE 2) NORTH 01"56'33" EAST 65 02 FEET, THENCE 3) NORTH 01"54'03" EAST 156 20 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAl TH, A WASHINGTON NON-PROFIT EXHIBIT A PAGE 2 OF 3 CORPORATION, DESCRIBED IN THE STATUTORY WARRANIY DEED RECORDED DECEMBER 31, 2001 AS FEE NO 200HlBB570, LANE COUNIY OREGON DEED RECORDS, THENCE ALONG THE WEST, NORTH AND EAST LINES OF SAID PEACEHEAL TH TRACT THE FOLLOWING THREE(3) COURSES AND DISTANCES 1) NORTH 01046'43" EAST 277 06 FEET, THENCE 2) SOUTH BB016'40" EAST 170 27 FEET, THENCE 3) SOUTH 01041'36" WEST 277 23 FEET TO POINT ON THE NORTHERLY LINE OF SAID PEACEHEAL TH TRACT DESCRIBED IN SAID STATUTORY WARRANIY DEED RECORDED DECEMBER 31,2001 AS FEE NO 2001-OBB572, LANE COUNIY OREGON DEED RECORDS, THENCE EASTERLY ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR(4) COURSES AND DISTANCES 1) SOUTH SB013'23" EAST 137 31 FEET, THENCE 2) SOUTH 24056'24" EAST 654 70 FEET, THENCE 3) SOUTH BB016'40" EAST 992 70 FEET TO A POINT ON SAID EAST LINE OF SAID WILLIAM M STEVENS DONATION LAND CLAIM NO 46, THENCE 4) SOUTH 24052'35" EAST ALONG SAID EAST LINE 11049 FEET TO A POINT ON THE WESTERLY PROJECTION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEAL TH, A WASHINGTON NON.PROFIT CORPORATION, DESCRIBED IN THE STATUTORY WARRANIY DEED RECORDED DECEMBER 31, 2001 AS FEE NO 2001-0BB573, LANE COUNIY OREGON DEED RECORDS, THENCE ALONG SAID PROJECTION AND THE NORTH LINE OF SAID PEACEHEAL TH TRACT NORTH 67"17'31" EAST 41991 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO PEACEHEALTH, A WASHINGTON NON-PROFIT CORPORATION, DESCRIBED IN THE STATUTORY WARRANIY DEED RECORDED DECEMBER 31,2001 AS FEE NO 2001-OBB573, LANE COUNIY OREGON DEED RECORDS, THENCE ALONG THE WESTERLY LINE OF SAID PEACEHEAL TH TRACT THE FOLLOWING EIGHT (B) COURSES AND DISTANCES 1) NORTH 6Bo03'45" EAST 2035 FEET, THENCE 2) NORTH 25057'14" WEST 174 70 FEET, THENCE 3) NORTH 33009'02" EAST 67 76 FEET, THENCE 4) NORTH 22025'42" WEST 10179 FEET, THENCE 5) NORTH 67017'51" EAST 190 B7 FEET, THENCE 6) NORTH 24052'35" WEST 150 24 FEET, THENCE 7) SOUTH 67018'25" WEST 689 72 FEET TO A POINT ON SAID EAST LINE OF SAID WILLIAM M STEVENS DONATION LAND CLAIM NO 46, THENCE 8) NORTH 24052'35" WEST ALONG SAID EAST LINE 627 21 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THOSE PORTIONS OF THE HEREIN DESCRIBED TRACT LYING BELOW THE ORDINARY HIGH WATER MARK OF SPRING SLOUGH, WHICH IS UNDER OWNERSHIP OF THE STATE OF OREGON EXCEPTING THEREFROM THOSE PORTIONS OF THE HEREIN DESCRIBED TRACT LYING BELOW THE ORDINARY HIGH WATER MARK OF THE McKENZIE RIVER, WHICH IS UND!:R OWNERSHIP OF THE STATE OF OREGON CONTAINING 6,BBO,B96 SQUARE FEET (157 964 ACRES), MORE OR LESS EXHIBIT A PAGE 3 OF 3 _u__~,....~, \\r-u- \\:, J\ I4TtMaa ~......... 11.2 ......~_ - - - - -; ~~"'ct:-'- """"".....:: I" l~t~"""'--1f.""r-DlGL"-"<L....;c-:L 1.2 1:~~12 I~I ~'\ --- - '/-~ \ ~~:~\fiiT:?4f0f/!t3f MEADOW '"~-\ __.' _/_// -~- - \ l~ :\:...,. ~";;.,~;:;:-~ /,,"3, _.._ GAMEFARMRtWlSO 1~'i _::\'_~~'O.-= 7->-/ _ \...... BUFFERANOMUlTl-USETlW. :~Ii "'~~~~rJ:t =~:~~ /L ' 1~.t: , 1~ -I \\ .....1~ ' ;'.4:{ == MEAOOW \\~>>..;:'~_ ' 'l~' ~q N:<1'.SSWAY' <,-.,.-:;;:.,.-_ (j - - r.~--;u.WAY ----! ~.. 2 )';:'1 '~~ ......1~~~~ r - - -, ~-............ 51 I:~-! MLKXI'BUFFER ""...._-tf- ~..~ -~ ~~' ''-J OOMLA.THJSETIV.L ;' w)..~;/ \ ~~- ~~::;.,: ~I '--I h-/~ ~ :$..... ~<t~~, ~ CARDINALWAV ~/~ ,.- ',- ;; - --; I CONSERVATION j7 " I '-.I I .: EA5EIENT NY ~ II -----.r':: ~Ll-. j" .;.,. f " \... _/ -- , II, 1RAIl ~..:- ~ h_~" \ [II ~~~_../ \.'...-----~.~-_..fg i j -, ;-;:" 1\\ *-1 II ~_:. \) I u l~- , \ I /<'" '~\ \ ,.-- p- (-'. ':"Vj 10fV_ 'iDl' ~ ~.::.._ II Iii III' 'I ~I/ " -------- , ,'" . '\ \. I' ~ , " ./- y;','" '<\ , I~ ,~I I. .J , , r I " , ~~ -I , I I --_J """""."'- ----, MAWJU> N:<1'.SSW.Y I II I . ~' ~ ,.. ;1 ""-"."'- I ': EXHIBIT B RIVERBENO MASTER PlANAREA \ / eEl """""'AU-'S LANOSCAPE/TRAIL MAINTENANCE AGREEMENT MARCH 10, 2006 NORTH ~ SCALE ft ".._ 'o;o<-""'u' F PRE.SUBMITI:\l REC'D DEe 2. 6 2007 Insert document Reservation Document for Public Trail Easement (Lot 9) SUB2005-00012 - #26 KPFF to provide this document pnor to Submittal to the City j PRE-SUBMITTAl REC'D DEe 2 6 2007 Insert document DedIcation Document for 30-foot Public Trail Easement (Off sIte Parcel 1) SUB2005-00012 - #29 KPFF to provide thIs document pnor to Submittal to the City PRE.SU6MiITAl REC'O us BancorpTower, IIISW5thAvenue, SUIte 2500 DEe 2 6 Z007 Pori/and, OR 97204 (503) 227.3251 FAX (503) 274-4681 ConsulllngEnglneers DATE. TO CC FROM RE M E M 0 RAN DUM February 20, 2007 Linda Pauly Carole Knapel, Philip Farrington Andrew Haliburton SUB 2005-00012. CONDITION #32 Peace Health SubdivIsion Tentative Plan for RlverBend, Sanitary Sewer Laterals Serving Lot 8 PROJECT NO 301140 Condition #32 of SUB2005-00012 states ConditIon 32 Pnor to recordmg the final plat. the applIcant shall provIde the CIty WIth a memorandum whIch states the maximum peak flow rate allowed to each samtary lateral servmg Lot 8 At the tIme of development for Lot 8, If the flow rate mcreases to any of the laterals over the values stated, an evaluatIon of the downstream system capacIty and/or reroutmg of on-sIte flows to alternate laterals may be reqwred ThiS memorandum serves to confirm that the peak deSign flow rates for each lateral serving Lot 8 are as follows Sanitary Sewer Laterals Serving Lot 8 Lateral RlverBend Station (As BUilt) Lateral Peak deSign flow rate Constructed 5HMC-1 Opposite Cardinal Way (5TA 22+12) 15" PVC o 71 cfs SHMC-2 Main Entrance (ST A 25+98) 12" PVC o 48 cIs 5HMC-3 North Enlrance (5T A 31 +95) 10"PVC o 76 cIs ThiS data IS extracted from the memorandum dated October 20, 2006, Included In the Sanitary Sewer Study for RlverBend SubdiVIsion, Spnngfield, Oregon, With updates through 10/20106 Page 1 01 1 ; ---~...._~~ ~ .. - IIJIJ.. CITY OF SPRINGFIELD' Building/Combination Permit .......".".D. ."..--. .,.. Status Issued DEe - - 2007 PERMIT NO ISSUED: APPLIED: EXPIRES' VALUE: CO M2007 -00894 07/11/2007 06/18/2007 0111112008 225 Fifth Slreel, Sprmgfield, OR 541-726-3753 Phone 541-726-3676 Fax 541-726-3769 I nspcchon Lmc SI fE ADDRES& 353 DEADMOND FERRY RD ASSESSOR'S PARCEL NO 1703154002200 ~plmgficld fYPl. 01- WORK I'llImbmg Only fYPE 01- USl Allemhon Resldenhal PROJECT DESCRIPTION Connccllo Saml3lY Owner PEACEHEALTH Address PO BOX 1479 EUGENE OR 97440 l,~.~~TR~CTOR IN~ORMATI.?I'! ~ Contractor Type Plumbing Conti actor EMERALD EXCAVATING INC License 14173 Exph atlOn Date 07/1412008 Phone 541.345.1505 I..~!!!.I:,~~N.G I~,F~.~~~"!:,~~~.' # of Unlls Pnmary Occupancy Group ~econdary Occupancy Group Pnmary Construchon Type Seconda.) Consh uchon Type # of Bed. ooms # of StOIlCS Height of Slructul c Type at Hcat Waler Type Rangc Type Encrgy Palh Spllnkled Bulldlllg Lot SI7e Sq 1'1 ! sl 1'1001 Sq Ft 2nd Floor Sq 1'1 Ba<ement Sq Ft Gal age/Carpal I Sq Ft Olher Occupnnt LOlld u/a FlOnlya,,1 Setback' Side 1 Selback SIde 2 Setback Rearyal d Selback' So!al Setbacks' I DEVELOPMEIII+.i.ll1,FDRMATION \ .. , "",c,_ ,i'III.'il" ' ", I, , ' REQUIRED I' RKI G follow rutes ad'" "yon aw 'equlres you to cAN OVCI~' cM!P.atlon Cen;:::teTh by the Oregon l1Il!ltt1 # Stre ll~i?s~Oj.ooi 0 t~se rules are sel NHiW,capped P., c ~,1:c IUtdmay Obtain c~ou9h OAR 952-Ql9\1lPllCt % of Ldt'\!!oW~center (Notet~ of the rules by nUmber fer the Oregon ~lIIIt e ~~e/ephone ('M.__ . . . Y'JO'Hloatlr- I PUBLIC IMPRO~~MENTS'I' vvv-""~'2344), ,J Sldcwalk Typc. Sh eellniproreC'~ls Storm Sewef'''''l!WM!r SH Speclallnstr,urfWIZED All EXPIRE IF THE WORK dl'1M~" UNDER THIS PERMI~/!: Notes' \ ~11lfR It'fJiltAA"8lllDJI~l)m~ I !t'r~~,CC to e"'(lUg '(lib out, . (l DAY PFB/Dn U OR I. y'~I~~t.!.?.~"~~s~n9!~~,':1.1 $ Per Sq 1'1 Square FOOldgc or multlphcl 01 BI(I Amount Dowuspouts/DI ams DesellPtlon I vpe of ConstruClrOU Value Dille Calculated PII2e 1 of3 ~ o I .._...n Status Issued 225 FIfth Sh eet, Spllngfield, OR 541-726-3753 Phone 541-726-3676 F.x 541.726-3769Inspechon LlUe Fcc DesclIPhon + 10% AdmmlSh.hve Fee + 5% Technology Fee + 8% State SUI charge Plan RevIew PlulUbmg (30%) SaIllta.y Sewel - 1st 50 Feet SaUltary Sewel - Improvement SaUltary Sewer - Re.mbulSement SaUltary Sewer Each AddtllOO' SDC MWMC AdmmlStr.hon SDC MWMC Imp. ovemen! SDC MWMC Relmblllsement SDC S'U1tary/Stol m Admm Total Amount Paid Public WOI ks RevlCW CITY OF SPRINGFIELD Building/Combination Permit PERMIT NO ISSUED: APPLIED: EXPIRES: VALUE. COM2007-00894 07/llI2007 06/18/2007 o 1I1l!2008 Tolal Value of Project .fi'Pp<. pq~ Amonnt Paid Date Paid Receipt Number $730 $365 $584 $2190 $45 00 $435 39 $572 58 $28 00 $10 00 $961 52 $9161 $10356 7fllf07 7/11/07 7/11/07 7/11107 7/11/07 7/11107 7/1If07 7/11/07 7/11/07 7/11/07 7/11107 7/H/07 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 2200700000000001112 $2,286 35 I Plan RevIews I 06/25/2007 06/25/2007 APP TSS Abandon Septic and connect new samtnl y servIce to eXlstmg stub out To Request an mspection call the 24 hour recordmg at 726-3769 All inspectIOns requested before 7'00 a,m. will be made the same workmg day, mspectlOns I equested after 7:00 a.m. WIll be made the following work day, l.. .Rp.f1ulred Insnec.tions I SaUltary Sewe, Lme Pllor to filhng trench .nd mcludmg requlled teshng FIU.I Plumbmg: When all plumbmg work IS Complete, P.ee 2 of 3 ) CITY OF SPRINvf<u,LD . Building/Combination Permit ......-...---. . I; ,. Status Issued PERMIT NO: COM2007-00894 ISSUED 07/II/2007 APPLIED: 06/18/2007 EXPIRES: 0I!11/2008 VALUE, 225 Fifth Slreet, Spllngfield, OR 541-726-3753 Phone 541-726-3676 Fax 541-726-3769Inspechon LlIle By slgnatlll e, I state alld agree, that 1 have car efully examlDed the completed apphcatlOn and do hel eby certify that all mformatlOn hClcon IS tr ue and COI reet, and J fut thel eel hfy that any and all WOr k pel fOI med shall be done In accordance with tbe O. dlDances of the City of Sp'lDgfield and the Laws of the State of Oregou pel tallllDg to the WOI k descnbed herem, and that NO OCCUPANCY Will be made of any StlllCtur e wlthont permissIon of the Commllnlty Sel VlCCS DIVIsIon, BlIlldlDg Safety I fur thel celllfy that only conll actors and cmployees who al e ID comphance Wllh ORS 701 005 Will be used on tillS pi oJect I fUI tllel ag. ee to ensure that all reqlllred ,"spectlOns ale requested at the p.opel lime, that each add. ess IS . eadable from the street, that the pel mlt cal d IS located at the fl ont of the pi opel ty, and the app' oved set of plalls will. elnalll on the SIte at all times dUlIng consh Dehon. Ownel 01 Conti actors SlgnatUl e Date Paee 3 of 3 225 F,fth StJ eet Spl mgfield, Oregon 97477 541-726-3759 Phone City of Sprmgfleld OffiCIal Recclpt Developmcnt ServIces Department Public Works Department Job/JoUl OAI Numbcl COM2007-00894 COM2007.00894 COM2007 -00894 COM2007.00894 COM2007-00894 COM2007-00894 COM2007.00894 COM2007.00894 COM2007-00894 COM2007-00894 COM2007-00894 COM2007-00894 Payments' Type of Payment Cred I tCard cRcccmll RECEIPT #. 2200700000000001112 Date: 07/11/2007 DeSCription SanItary Sewel - J 51 50 feel Sallltary Sewer Cach Addll 100' + 5% Technology ree + 8% State Surchalge + 10% Admllllstratlve I ee Plan ReView Plumbmg (30%) Samtary Scwel - ReImbursement Sanitary Sewer - Improvement SDC MWMC Reimbursement SDC MWMC Improvement SDC MWMC Admllllstrallon SDC Sallllary/Storm Admm Paid By CHIP MOULDS Item Total Check Number AuthOrization Received By Batch Number Number How Received Ikw 098306 In Person Payment Total Page I of I II 04 52AM Amount Due 4500 2800 365 584 730 2\ 90 572 58 43539 91 6\ 961 52 \000 10356 $2,286 35 Amount Paid $2,286 35 $2,286 35 7/1t/2007 Fees Associated With 7/10/2007 Case #: C,OM2007-00894 84507AM 353 DEADMOND 541-726.3753 Phone PEACE-HEAL 'PH- 541 -726.3676 Fax fl.ms Revenue Date Calculated Onglnal Amoullt ()CSCII)ltlon Code Account Numbcl Calculated By Amount Due Samlary Sewel - 1st 50 fect 1005 224-00000-42)603 6/18/2007 LKW 4500 4500 Samtary Sewer caeh Addtl 100' 1005 224-00000.425603 6118/2007 LKW 2800 2800 + )% Technology rce 2099 100.00000-425605 6/18/2007 LKW 365 165 I- 8% State SUlchalgc 1099 821-00000.215004 6/18/2007 LKW ) 84 584 + 10% AdllUnIsttatJ.vc l~ec t098 224-00000-426605 6/18/2007 LKW 710 730 Plal1 RevlCw Plumbll1g (30%) 1086 224-00000-425603 611812007 LKW 2190 2190 SamtalY SCWCl - ReJrnb1l15emcnt 1183 442-00000-448024 6/25/2007 rss 572 58 572 58 Sal1ltary Sewcl - Impro\<cltlcnt tl84 443-00000.448025 6/25/2007 TSS 435 39 435 39 SDC MWMC Rellnburselllent 1186 444-00000-448024 6/25/2007 ISS 9161 9161 SDC MWMC Improvement 1187 445.00000-448025 6/25/2007 I~S 96152 961 52 SDC MWMC Adllllmstralion 1189 611-00000-426604 6/25/2007 lSS 1000 10 00 SDC Samlary/Storm Adlllll1 1190 719-00000-426604 6/25/2007 TSS 10356 10356 lotal Dlle $2,286 3S s ITldemarklfOlmslcasefeesl rpt Page I of I DEADMOND FERRY ROAD EXISTI~~ ~A~1TARY SEW~~ LATERAL ~~- .0 - \ I / NEW 4" SANITARY SERVICE ~ ) /' APROXIMATELY CLEAN OUT, TYPICAL ~ 1fO' , ,:, ~ r-'!:r uMOND i H f' <'1 f\Ol\D ; , I It- ' "'- ABANDON EXISTING I - - SEPTIC TANK ! , <-- u SANITARY SEWER CONNECTION NOT TO SCALE 5/30/2007 OWNER PEACEHEAL TH ADDRESS 353 DEADMOND FERRY ROAD 17-03-22 TL 2200 - _. ~ - ~ _. ~ ~ M ~_ ~~ _ . -- -' -- ,\ ,1,3, _H_ _ _ _ SMH 001 0" R'I'" -4"3.7 ,Q2',: - .f.t(J __" ",111-'" Depth 16 ,,~cj:>r"G-f' 1-=8.;l.3 __''''_, _, __ ----' r r5 -=- , -- = ,:,~ ,,--:.. =.. ~ - - , - , 1) , -- -r G f 6 ~ ~- . 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Ii,) W lJl ~ , , CITY OF SPRINGFIELD SYSTEMS DEVELOPMENT WORKSHEET JOURNAL OR JOB NUMBCR NAME OR COMPANY LOCATION IAXLOI NUMBCR DEveLOPMENf Iype NCW DWLLUNG UNI I S I STORM DRAINAGE COM2007.00S94 Peace lIcalth 353 Dcadmond rc\.rv ROdd 17-03.15-40-02200 SINGLE FAMlI Y ReSIDLNCe I BUILDtNG sIze (sr 1841 LOT SILe (Sf) 46609 2 DIRLCTRUNOrF IOcny SIORM SYSlhM I IMPERVIOUS sri CO~T peR S I' CHARGE I 000 I $0136 I ; I $0 00 1 RUNon ROUThD ro DRYWLLL DESIGNf D AND CONSTRUCl eo TO UTY S I ANDARDS I IMPI:.RV]OUS S I' I ' I _COST PER sri 'I DISCOUNl RAle 1 1 I 0 00 1 $0 336 I 50% I I ITEM I TOTAL - STORM DRAINAGE SDC $000 2 SAN) rARY %WFR . (:i-rV--"T"-~ DISCOUN f $000 $000 A RClMBURseMENT COST I NUMBeR OF Dru's I I 22 I , COST PER DFU $26 03 $572 58 B IMPRoveMENT COST I NUMBER OF Dru's I ' I 22 $t979 ITEM 2 TOTAL - CITY SANITARY SEWER SDC $43539 ; I $1,00798 3 TRANSPORTATION A RetMBuRSEMEN f cas I I ADTTRIP RATf. I , I 957 I B IMPROVEMI:NTCOSf I ADTlRIPRATC I I 957 1 I NUMBER 01 UNITS I , 1 I 0 I I COSfPCRTR[P I, INEW1RlnAcroRI $19 St I I tOO I - , $000 1 NUMBCR or UNIT~ I , I I 0 I I ; I , COsrPER IRIP ,INEW1RIPIACIORI $S719 I I 00 1 $000 $000 ITEM 3 TOTAL - TRANSPORTATION SDC ____n.._,_,.,u_..", "4 SANITARY SEWf,R. MWMC A RI:.IMBURSEMENI COST INUMBER or rru's 1 , ICOST PCR rEU I I I I $9t 61 B IMPROVEMeNT COST /NUMBCR OF Feu's I I I ; $9161 , ICO~ f PLR 1 ru I $96t 52 ; , = , = I $961 52 $000 MWMC CREDIT IF APPUCABLL (SIT RcvLRSq MWMC ADMIN]STRA TIVC ree ITEM 4 TOTAL - MWMC SANITARY SEWER SDC r/) tl.l (::) o u <>:: tl.l I-< r/) o tl.l <>:: 1[070 1091 1092 ,I I 11093 I 11094 I ill054 . 105' I 1054 $1000 I 10\6 II .._._1 103 56 1079 I $000 [1078 I =1 $2,174,67 I I ;1 $],Q63 ]3 SUBTOTAL (ADD ITEMS 1,2,3, & 4) 5 ADMINISTRATIVI-.I EE I SUBTOTAL I, I ADM ree RATe 1= I $2.071 Jl I I 5% I TOTAL SANITARY ADMIN]Sl RA lION FEE TOTAL TRANSPORTATION ADM]N1STRATtON FEe = I $2,071 Jl - CHARGE $t 0356 Todd Singleton PRLPARrD BY 6/25/2007 TOTAL SDC CHARGES DAlf:. lknMdt4 DRAIN SAVERS Septic & Dram Cleaning 214C Pnmrose 5t EUGENE, OREGON 97402 (541) 688--6018 998-1383 72ft-nn PRE-SUSMiITAl REC'O DEe 2 6 Z007 FA7\) , CIJST~ NJ..Mf ,~ > - t ffii~ ~ PHONE L3~J__l~S I C TF~ (0(2:019. 2_ __ ". cr , . cr. t) '" C'J -,' 10 .. ~ 1J1 ~, a~~}!: - ~"1~ n C7eo 1 01'- ~ ~ I- m I , , ~ _ _w I , , , w_ -1- , , ___..I , ~ " , ~ __J , , I ,- , , I I I I , , , , -, I , , , , , , , PRICE ~ __ - __ - __h _ __ --~ .' ~ J ~J!t . -zjl) X_~ - ----:~ ~' - ~ - - - ~:. TAX REC0~c-B\ ----- '- TOTAL ).3'-1 IW 11,:W!1(' wrj r":l Jl/IP'lj}OL}(f<.: r\l\r...1 tlr' .olr-t f"ltflv.lnll~lj 11:t Ihl'" hIll AMOUNT J J . J I J J , , , , , , I , , , J -L-_~_ __ _ : ot! ./ 32762 {--- I-I To 1'\801OOr CJnank'You t1i fTl Z ~ ~ fTl -1 -1 vi t:1 Al I.-- H Z L,j ~ jj o lq -u J; GI fTl e;;, I- f' , " , J,~' 1$'2006 15 47 4256493824 ~G.l2'20Q5 11 02 4266!93621 PEACE ~EALTH PE^Ct HMLTH #3165 P 001/006 n114 P,OOI/OO) PRE.SUBMIIT4l REC'D DEe 2 6 2007 ESCROW AGREEMIiNT ThIS agreement IS made em June .2Z, 2005 between UnIon Sank of Ceflrornla, Sealife Branch, TrfJstee, a natfonal bank referred to a5 "Trustel!'," f'eaceHea/rh d,b,l!I, Sacred Heart. Pe~t;Q Harbor, PHMG raf'errad to as 'PeacIilHealtl1, · and the City Of Sprin;fleld, Oregon, a municipal corporatIon orglln/zed and exlstfng under !:he Jews of the Stare or OregOl) referred 1:0 66 "CI/:f" Rl!ClTAJ.S A. PuriUilJ'lt 1:0 1;/'113 Notice Qf Declslon d~ May 10, ~OS for the RJvLlrSend Subdlvts/aIJ TentatJ\Ie PIlIn (the "ApI'f'OV21', Con~ltllll') #66 rs'11J'~ COl'lrfJnmlnce WIth wha~ Is generallv known as fijyerSend Master pran CondItion #5. These condlf:lons require f'sacaHe.alth to perfarm te~ln rlparlan area restomJon and ennllnf:emerrt landscaping on subdMsJon Lot5 t and 9 (the ft1mprovcmentG"), TI1e esbrJ1.al:ed cost for such Improvement.llls $U5,000,00. The purpose or thIs Agreement IS ltJ establish IJ mec/1Bnlsm In provide security for f'eaceHealth's performance of the foregoing obllgatfonln t/le event. that pear:e11e~lth falls to construct the lmprovementr;. e, The City and peaceHealth have determIned that Peat:eHealr:l'1 may substll1/f;e SIilCUrfty that Is satlsfflcr:ory to the City for performElnce of PellceHeal~'5 oblfgatJon, C. PellceHeafttJ and City ~ave agreed tfJat ~ llS,OOO.OO may be ~e'd by the Trustee pursuant I:D !:he !;arms or thiS agreement, In Ilel-l oflmmedlare performance. D. In conSlderal:lon of the mattern descrtbed llbOYe, tM mutual Ct'lvanl!l1tS l;On~ned In thll!i dOCl~ment, and other good Bnd Yil/l-lllble conslderat.lon, the reclllpl: ana sufficfency of wh'/:h Bre Il~knowreclge~ here, Trustee, PeaceHealtlJ ilnd Cil.y agree 115 fonl:lWs: AaRJ!l!Ml!NT 1, Agreem~. PeaceJ-jealth Ilssfg,.,s the rlght to thB CIty, at Its c!fscretlon, Ie direct the Trustee to pay or MmSfer funds or tlecurltle! heir:! by TrlJstee In an amount not to exceed q;115,OOO.DO in accpunl: number 4113'\'714-01 as prOl/fded In Sectlon 2,3 berow, All earnings on saId funds s~a" ElQ;r\Je to PeaceHealt:l1, 2. Twstee's OblfClI.lf:llm5, 2.1 Trustee represents and lIgraes that there are funds/n excess of $115,000,00 In that. eccount and t.nat ~1 j.5,Ooo.OO Ilhlll/ remain unenJ:lJm~red In P~ge ), . F-5CROW AGltEl:MeNT ' .'JUo..-'''lC617Hnl I , i J~ 11'2006 15 47 4256491824 AUG,12'200& 11-~1 4256491824 PEPCE rlEALTH PoliCE H~I\~rfl #1165 P 002/006 .21lA P. 002/003 !:he account dj,lrl"g !:he term of tills 6greemenl:. 2.2 n I~ JJnderstoQd that the Trustee will hold such fund' In the 3mount of t<115,DOO.OO until an eutl1orlZllJiOI'l or d/reetlof'l for payment Is ret:elved from the CIty. Trt./stee CI:1rt.1fies and agrees t:hat these fllnds will not be released wlth01Jl: wrItten lnstrucl:lon from the CIty. 2,3 Trustee f/Jrtfter agrees that $115/000.00 filhall be Pilla to the Cfty W1t/iln ten (10) days of receMns written notl~ from the CIty, ~uted by the ~ Manager or by Carole Knape" C1~ of Springfield Proj~ Manager, Rlvera8nd PrGjecr, "nO' accompanIed by approprlat.e written documf/mtatf/JTI, certilYlng that $11 S,OOO,OO Is needed for private Improvemel'ltS proposed and approved consIstent with the ApprOYllIs because PeacaH$Illth, ItS SUet"""...,.. or "55'gnS have faIled to l;onmct th~ Improvements In compl'an~ wlt:l1 thEl ApProval5, It bfllng understDoQ' t/tat S1Jm certlfi<:atrot1 s/lal/ net determine whether Peacefieall:l1 has III !'act !lO eomplled. The Trustee Sh/lfl hi!Na no duty or rlllht to evaluate the oorrecl:nm or appropliatensss of any notIce or determlrtaf;fr;m by the City, ",,0' shall not fntllrpfeltd or, In any m~ner, delay piilyment of sllrd funds ro J:he Oty. 2.4 The notice descrloen In &lctlon 2.3 shall no!: impair eny of Pel!lCeH~lth'~ rlgh~ In olnnCl;tlon wltn t~e Approvals, It being understood that me truslml's o"'lg!!tions to the Of:\' under this Agrcement ere IntllMed b;1 be InQ~ndern: ' /hereof, end /hilt the Approval5 shell govern tI'le relal:fonshlp l3etween peaceHealt1, and the City. 3, Irravo!:able. 60th the Tn.rSllle I!Ind peaceHealth agree liIat tl1Js assignment Is Irravocat:rl~ ~nd cannot blill:1ln~lIed, exoapt by the Oty. Notwlth8I:Bndfng 1M preced'ng senteoce, I-lpan consI:nJCI1on of the 1mprovemen!:s by PeeceHaalth, and luxeptence by CIty, or upon payment 10 the Oty of $115,000.00 pUrSlIllnt to Sectlon 2,3 or Beetlon 4, as tile case may !:le, f.hl~ Agreement sj'llilll t.ermlnatll and t.tU! obllg!tlon of PQteHelllth to rmtke e $11S,OOO.OO payment Jl) the ell:'( as descrflled In Section 2,3 Shall b~ deemlUl fullV satisfied. 4. ~ The City agree! th~t prtor trJ requesQng the funds from the Trustee as desenbed In Ser;lJon 2,3/ It wfl/ provide PeaceHilsft1l15 talendar days notice. TfIe purpose cf thIs notice Is to provide Plillilce!ieallt1 an opportunIty 1:0 pay the $115,000.00. 5. F.nt.!re Agreem~D1i. ThIs agreement shall constitute the en~lre agreement betweetl the perl:les CQncemlng the funds. Any prior understamllng or reprssel'ltBl:1on of any kind precedIng the date of f:hls agreement all~1I not be bindIng upon eIther partY el(a!pt t.o t.he ~ne InC!'lrpprill~ In t~1s agreament. Page;! . ESCROW AG~ENT e~~17~t9U' ~ J~' ,,'2000 15 48 4256;93821 AUG 12'2005 11,03 Q2SG493B2' PEi'CE rlEALTH ?EhCE RolII,TH ;3165 P \"'03/006 !21" P 003(003 , S. Gg!l(;lrrlna.t.mr.l. It Is agreed that thIs agreement shall be governed by, construed, and enforced in a~rdance With the law!! Of the S!:7:lte of Oregon. 7. TIme Of f!ssence. llme 1$ (If the essen~ of ~Is 8araement 8. afect cd' Plvt!af tnv?HdJ,t)!. The Invafldlty of any portloo of tIlis agreement shar, not be deemed to affed: the VlIlldlty of any pther provision_ In the evem that llllY provlslon of thfs agreement 15 /1ef(i 1:0 be Invalid, the parties agree that the remaInIng provlslons shall pe deemed to be In fuf! Force alid effild: as If they had been elCeC/,lt,ed by both parties subse~uf!nt to l:f1e elqJungement of the Invalid pTtlvl&lon, 9. 1jotl~ei. Any nct:lce provjded for or roncernJng ttlls agreement $hllf!lle In writing a nd ~/1afJ be deemed Gufflclen~y SIYli" when sent by certlffE!d or re~15tered mall If sent co the respectlYS I!Jddresa of each party as 5~ forf:tl below this a!:jreement Union l3ank of ~IfQm'., Trustee. BV:'-~ ~~ Dated: ,,1tl.rI.;,~!> t.,.r...... ff>...."~~1 lls: VIce Pr:M_ ' Addre6S: 900 4~1 Me., Suf!;e lZOO, Seattle, WA 98154 peaceHealth lJ,b.il. Sa~rlld Heart, Plllf~a Harbor, PHMG ay; ~ ~~~i:ll.1i!d: 6f2moQS, Roi;han p, Parikh It:s: ~'atA1m TraesurtD.lr~ Mdress: 14432 SF. Ei!lStgJ!lt:e Way, Bellevue, WA 98007 Q' rJngf/eld, ~n Oregon munlc:lpaf corporation ~~;' ~ Itz: ~!JlJtler U Address:-US"?iStreet. Sprlngfleld OragOfl 'rr \Off''' 'f/'l P AP"'FlOV,"O " . l"if'nRM '"~~....... \ \..~,.., .. ~ ", ' t...l 2.'" J~-- I '"." ~ _~ ~.:7 r.itl-lCi: ()F CITY I~TTOANelf Pege 3 - I$CROW AGRF.EMi:NT SIl>o..POCG,7",'~4.t J:SCROW AGREEMENT Planning Jo~rnal SUS2Q03.Q0012 This agreement Is made on June 10, 2005 between Union Sank of C~nforola, Seattle Branch, Trustee, a national bank referred to as "Trustee," peaceHeafth d.ll a, Sacred Heart, Peace Hartlor, PIiMG referred to as "PeaceHealth," and the City of Springfield, Oregon, a mUOlclpll1 corporation organized and eXisting under the laws of the Sf:ctte of Oregon referred to as "City, n RECITALS A, Pursuant to the May 10, 2005 Notrce of Dech.lon and Conditions of Approval for the Riverf3end Subc:lMslon Tent3tJve Plan, the April 13, 2005 Notice of DecisIon and Conditions of Approval for Site Plan Review, and antiCIpated pUblic Improvement plan In accordance WII:l1 procedures outlll'led for Public Improvement Permit Projects outlined In the City of Springfield Englneenng Design Standards and Procedures (the "Approval$'~, PeaceHealth Is required to construct public Imprpvements ("Improvements") proposed and approved consistent with the Approvals, The estimated cost for SLlch Improvements Is $6,775,000,00 The pLlrpose of thIS Agreement Is to establIsh a mechanism to provide security for PeaceHealth's performance of the foregoing obligation and In tile event. that PeaceHealth fails to construct the Improvements, a, The CIty and peaceHealth have determined that Peacel.,ealth may substItute security t~at Is satisfactory to the City for perfOrmance of PeaceHealth's oblIgation, C. PeaceHealth and City have agreed that $5,775,000,00 may be held by the Trustee pursuant to the terms of thiS agreement, In lieu of Immediate performance. 'D. In consideration of the matters described above, the mutual covenants contained in this document, and other good and valuable conSIderation, the receIpt and sufficiency of which are acknOwledged here, Trustee, PeaceHealth and City agree as fOllOWS; AGREEMENT 1. ~gr~t PeaceHeillth i.'lssrgns the rJght to the CIty, at Its discretion, to direct the Trustee to payor transfer funds or seCUrlbes held by Trustee In an amount not to exceed $6,775,000.00 In account number 4113'1414-01 as provided In Section 2.3 below, All earnings on said funds shall accrue to PeaceHealt/'l. Page 1 . ESCROW AGREEMENT a~'pOC6,7~~8..., , ^ 2, Ir.Y;a-ee's OQIJgJillQrui. 2.1 Trustee represents and agrees that there are funds In excess of $6,775,000.00 in that account and that $6,775,000.00 shall remain unencumbered In the account during the term of this agreemellt. 2.2 It IS understood that the Trustee will hold such funds In the amount of $6,775,000 DO llntll an authorization or directJon for payment IS receIved from the Oty. Trustee certifies and agrees that these funds wlll not he released WithOut written Instruction from the City. 2.3 Trustee funllar agrees that $6,775,000,00 shall be paid to the my within ten (10) days of receiving written notice from the Oty, executed by the City Manager or by Carole Knapel, City of SprIngfield Project Manager, RlverSend Project, and accompanied by approprlat.e written documentatIon, certifying that $6,775,000,00 Is needed for p\.lbhc Improvements proposed and approved consistent wit/] the Approvals because PeaceHealth has failed to construct the improvements In compliance with the Approvals, it being understood that such certfflcatlon Shan not determine whether PeaceHealth has In fact so compiled. The TnJsl.ee shall have no duty or right In evaluate the correctness or approprJateness of any notICe or determInation by the City, and shall not Interplead or, In any manner, delay payment of saId funds to the City. 2.4 The notice described in Section 2.3 shall not Impair any of PeaceHealth's rIghts In connectlon with the Approvafs, It being understood that the Trustee's obligations to the City under this Agreement are Intended to be independent thereof, and that the Approvals shall govern the relationship between PeeceHealth and the Oty. 3, Irrevocable. Bottl the Trustee and PeaceHealth agree that thIs assIgnment Is Irrevocable and cannot pe cancelled, except by the City, NotwithstandIng the preceding sentence, upon construction of the Improvements by PeaceHealth, and acceptance by City, or upon payment to the City of $6,775,000.00 pursuant to Sectron 2.3 or Sectlon 4, as the case may be, this Agreement shall t.ermmate an~ the obligation of PeaceHealt!'l to make a $5,775,000.00 payment to the Oty as descn~ed In Recital A shall be deemed fully satisfied, 4. t:ImJ~. The City agrees that prfor to requesting the funds from the Trustee, It Will provIde PeaceHealth 15 calendar days notIce In addition to the notfce, qty shall prOVide documentation showing the approval and award of a constructIon contract. The purpose of this notIce IS to provide PeClceHealth an opportunity f:o pay the $6,775,00000. Page:2 - ESCROW AGREi:'MENT 8~OOCSI'I!83. l 5 Entire Ag~eement. TNs agreement shall constitute the entire agreement between the parties concerning the fJ.lnds, Any prior understcHldlng or representation of any kInd preceding the date of this agreement shall 1'101 be binding upon either party except to the ext.ent Incorporated In this agreement. 6, ~1'l'1'1D Lal,!l, It Is ilgreed that this agreement shall be governed by, c.onstrued, and enforced In accordance With the laws of the State of Oregon, 7 Time otEssence TIme IS of the essence of this agreement. 8, ~ of PartJlll rnvalJdJ!ll, The Invalidity of any portion of this agreement shall not be deemed to affect the validity Of any other provision. [1'1 the event that any provISion of this agreement IS held to be invalid, the partIes agree that the remaIning provisions shall be deemed to be In full force and effect as If they had been executed by both parties SUbsequent to the expungement of the invalid provisloT"), 9. NQtlce~. Any notice provIded for or concernIng this Flgreemen~ shaH be In writing and shaff be deemed sufficiently gIven when sent by celt/fled or regIstered mall If sent to the respectNe address of each party as set forth below this agreement, Union Bank of California, Trustee: Sy: ~~_ Dated: &:'''/0...05 Its: -YJee Pr~lg Address: 900 "Ilh Ave, Suite 1,200, Seattle, WA 9B164 PeaceHealth d,ll.a. Sacred Heart, Peace Harbor, PHMG By: ~_/~ated: 90,Q/20Q5 ' Rostfan P. Parikh Its: !";v!';tWJ Treasury DIrector Address; 14432 51: F-astgat.e Way, Sellevuer WA 98007 unfcipal corporatloll Its: City MQnag~r Address 225 fifth St" Sprinsfjeld. OR 97477 Pilge 3 - ESCROW AGRt:EMENT REVIEWWWMlil\IS9 A,W FOAM 1 , " 0('1. ~ r....... PRE-SUBMITTAl REC'O DEe 2 6 2007 US Bancorp Tower, 111 SW 5th Avenue, SUIte 2500 Portland, OR 97204 (503) 227-3251 FAX (503) 274-4681 DRAFT ConsulllngEnglneers M E M 0 RAN 0 U M DATE TO October 31, 2005 Ken Vogeney, City of Springfield Carole Knapel, City of Springfield Chip Moulds, Peace Health Joshua A Llghthlpe PE Rlverbend SubdivIsion - NW Detention Pond PROJECT NO 301140 26 CC FROM RE KPFF IS currently Incorporating the design of the Lot 11 Detenllon Pond Into the Public Improvement Plans for the Rlverbend SubdivIsion Following IS a summary of our assumptions and the design criteria to be used In the development of the design Assumotlons The Wayside Loop SubdivIsion will not contribute to the MLK storm trunk at this time Therefore, for the purpose of sIzing the detsnllon facIlity, the flow from Wayside Loop was excluded The original hydrographic modeling for the post-developed Western Basin (from the Stonnwater Dramage Report for the RlVerBend SubdiVIsion, March 2005) was modified to not Include any runoff from the Wayside Loop SubdivIsion, thus removing approximately 26 cfs of runoff from entering the upstream end of the MLK storm system dUring the peak of the 25-year storm svent This upstream flow reduction translates to a peak of 61 3 cfs at the downstream manhole STMH MLK5, down from the original 87 3 cis 2 In the event ths Wayside Loop subdivIsion evenlually contributes to this system, the MLK storm trunk must be able to convey all 87 3 cfs wlthoul detention Prooosed Deslon Cntena A flow control structure will be Incorporated In MLK manhole STMH MLK4, containing several orifices, the lowest set at the Invert of the outlet pipe (IE=423 29) Also a weir set at 431 50' will be Incorporated to allow high flows to directly overflow to the 60" downstream system 2 The flow control structure and the combined detention from the pipe and pond will reduce the peak release rate from the 25-year storm, from 61 3 cfs contributing upstream to less than 45 cfs released downstream 3 The flow control structure will be designed to be easily removed In the event that downstream constrictions In the storm system are removed though future Improvements 4 Detention storage IS necessary upstream of thiS flow control manhole ApprOXimately 59,000 cf of detention can be utilized In the upstream overslzsd pipS system (up to elevation 431 52') F \WORK\0220 28\OocsWW Detention Pond\051027_Memo_Lot 11 Pond Cntena doc ~ .,.". US Bancorp Tower, 111 SW 5th Avenue, SUite 2500 Port/and, OR 97204 (503) 227-3251 FAX (503) 274-4681 DRAFT CQnsultlngEnglneers 5 A shallow pond located on subdivIsion Lot 11 Will provide a minimum of 25,000 cubiC feet of additional detention Surplus stormwater Will backup Into the pond through an outlet structure Installed In the end of the eXisting 72" pipe stub comrng out of MLK manhole STMH MLK5 The pond Will have a bottom elevation of 43000' (same as nm of pond outlet) and allow water to temporanly store up to approximately elevation of 431 50' dunng the 25-year event(1 5' deep) 6 The pond Will have a mlnrmum area of 11,000 SF at the bottom elevation (43000) and Will Incorporate 3 1 or flatter Side slopes 7 On the NE Side of the pond a berm set at 432 5'(one-foot above 25-year storage depth), Will only allow the pond to fill to a maximum depth of 2 5' 8 The detention pond Will be 'off-line", low flows Will pnmanly bypass the pond and be conveyed away through the piped system Dunng events less than the 5-year storm, detenllon In the pipe system Will have suffiCient storage so that stormwater Will not backup above elevation 430 00' and thus not fill the pond Dunng the 10-year event the pond Will fill to approxlmalely elevation 430 55' (0 55' deep) 9 Since the water quality storm Will be less than that of the 5-year storm, flow from that event Will be completely stored In ths detention pipe and not enter the pond Therefore the use of an Impermeable liner bensath the pond to prevent the POSSibility of Infiltrating polluted stormwater from the water quality event IS unnecessary For thiS reason we are not Intending to Incorporate a pond Irner rnto the design 10 In the event that downstream capacity IS rncreased and the flow control In manhole STMH MLK4 IS removed, the 60" pipe has adequate capacity to convey the ongrnal87 3 cfs design flow which Includss the Wayside Loop SubdiVIsion Full flowing, the 60" pipe can convey 1026 cfs Cntena for the landscaping of thiS faCility rn response to SubdiVIsion Condition of Approval #74 IS addressed In a memorandum by Walker Macy Please contact ms at (503) 227.3251 If any of the assumptions and I or design cntena stated here are In srror or If you can provide any clanficatlons Sincerely, Joshua A Llghthlpe, PE F IWORK\0220 28\DocsWW Detention Pondl051027_Memo_Lot 11 Pond Cntens doc .. , , / PRt-SUC;:.:y't R~C'O DEe 2 ~ '2.007 WALKER..MACY I QndscQpe Arc/II/refure Urban Df'Hgn Plunn'n!: MEMORANDUM To' Carole Knapel Ken V ogeney Enc Walter CC' Chip Moulds, Mike Day, JIm Werfelmann, PhIlip Farnngton, M,ke SchmId, Curt Vanderzanden, Andrew Haliburton, Josh Llghthlpe, Bryan Cole, Mike ZilIS, Bhronwhyn Dean From. Colleen Wolfe Subject NW Detention Pond, SubdIvIsion CondItIOn of Approval #74 Date November 3, 2005 PrOject RlverBend Medical Campus ProJect# 022033 As a part of meeting CondlliOn #74 of the SubdivIsion Tentative Plan CondltJons of Approval, PeaceHealth proposes the constructIOn of a 25,000 cubIC foot detentIOn baSin at Lot 11 The proposed landscape planting of thiS basin serves as a part of the mItigatIOn for the loss of the eXIsting remnant channelldentJfied In the Gateway Refinement Plan as Natural Asset #4/NW Dralnageway ThiS new detentIOn baSin WIll be documented as a part of the SectIOn A, Public Improvement Plan package It IS our vIew that the deSign cntena as descnbed Within the follOWing paragraphs of thIs memo meet the Intent of ConditIOn 74 whIch states the follOWing ConditIOn 74 In order to ensure that the constructIOn and plantmg of thiS stormwater management faclllly will fulfill the mtent ofGRP and SDC poliCies and RlverBend Master Plan CondlllOn #26, the final selectIOn of the off-slle dramage alternallVe shall mclude mlllgatlOn measures which replace the 10" ofGRP Natural Asset #4/NW Dramageway as follows \ The millgatlOn shall prOVide an eqUivalent replacement hydrologic functlOnlcapaclly The mlllgatlOn shall provide an eqUivalent replacement of tree canopy and vegetatIOn type The mitigatIOn shall restore native vegetatIOn The applicant shall submit a mlllgatlOn plan for approval by the Clly prior to Fmal Plat submlllal The approved mitigatIOn shall be Installed or bonded prior to Final Plat apprpval WhIle the content of thIs memo does not address CondItIOn #74 bullet pOint one (KPFF's memo addresses the hydrologIc/functIon capacIty aspect), thiS memo addresses bullet pOints two and three regarding vegetation J Douglas Macy . Michael W Zlhs III S W Oak, SUIte 200 Portland, OR 97204 Phone 503-228-3122 Fax 503-273-8878 '1 c J replacement oftree canopy and vegetatIOn type The Included sketch and memo IS a draft of our mlligatlOn plan, as condItIOned by #74 Addllionally, Master Plan CondItIOn 26 reqUIres that a qualified envlfonmental/blOloglcal speCialist fonnally evaluate the condItIOn, habitat value and potential project Impact to the remnant channel DaVid Evans and ASSOCiates (DEA) have proVIded thIS assessment It IS summarized In the attached memo dated November 26, 2003 The DEA report essentIally concludes that the remnant dralnageway IS not hydrologIcally connected to the remaining dralnageway IdentIfied In the GRP, or to the cIty's stonnwater system The DEA study also found that the habItat quality of the remnant dralnageway had only moderate to low value, was not a JUrisdIctional wetland and was conSIderably degraded WIth inVaSiVe, non-native plants MItIgatIon' As a portIOn of the mItIgatIOn to be prOVIded by Peace Health ~or the remnant dralnageway, Peace Health has agreed to payment to the CIty, WIth the funds to be used for off-SIte enhancements at the City'S regional stonnwater drainage pond north of InternatIOnal Way In additIOn to thIS payment agreement, Peace Health WIll also prOVIde on-sIte mItIgatIOn for the loss of the remnant channel as deSCribed below WhIle hydrologIC functions are no longer relevant to the applicable portIOn of the remnant dralnageway, the deSIgn of the stormwater system by KPFF Includes proper hydrologIC capacity to mlligate the loss of the former remnant drainage way AddItIOnally, the proposed planting deSign of the detentIOn pond at Lot 11 helps m.ligate the loss ofnat.ve plants of the remnant dralnageway Included WIth thIS memo IS a plan view sketch of the proposed detentIOn basin to clarify our deSIgn concept Also Included WIth thIS memo are selected graphIC portIOns of the Tree Felling Pennlt ApplicatIon dated as formally submItted to the CIty of Springfield on March 19,2004 and revIsed on March 24, 2005 The Tree Felling PermIt ApplicatIOn's plan sheets AI and 81 show the tree canopy loss that the proposed plan mItigates for by way of new natIve plantlngs These trees as shown on the plan sheets are numbered and are Identified Within the Tree Felling PermIt ApplicatIOn The deSIgn as shown IdentIfies the approxImate area that the detention baSin covers While PeaceHealth has no intentIOn of removing the eXisting trees at thIS tIme, the proposed mItIgatIOn planting serves to replace the eXisting vegetatIOn Within the NW Dralnageway remnant channel that could potenlially be lost With future development Therefore, If future site Improvements requlfe removal of eXIsting trees In the remnant channel, mitIgation trees will already have been planted and be well established Also note, eleven of the trees In the remnant channel have already been defined as to be felled In the Tree Felling Permit Applicalion dated March 19, 2004 The trees that are Within the eXisting remnant channel and have already been IdentIfied for felling are 7 Cottonwood (#2952, 2953, 2954, 2956,2957 and 3438) and 4 Ash (#2963, 2964, 2965 and 2966) These trees have already been m'ligated for elsewhere on campus as part of the SIte Plan ReView and SubdIVIsIon TentatIve Plan approvals The detentIon basin's planting deSIgn as shown In the attached sketch, mitIgates for the remaining trees Within the remnant channel at a one to one ratio These remaining trees are Idenllfied as 18 Ash (#2967,2968,2970,2971,2973,2974,2975,2977,2978, 2979, 2980, 298/, 2982, 2983 and 3433) 8 FIf (#2993,2998, 2999, 3000, 3001, 3002, 3003 and 3006) 1 Cottonwood (#2976) I Oak (#2994) 3 Maple (#2995, 2996 and 2997) 2 (-, \... , 6 Cherry (#3432, 3434, 3436 and 3437) I Apple (#3435) In addItIOn, one tree WIll be dIrectly lost due to the grading reqUIred to create the basin This tree IS #3225 and IS a multJ-trunked apple An Included attachment summarizes the arborlst's In-field tree assessment on October 27, 2005 All of the above Idenllfied trees are replaced With trees of the same specIes In the new planting of the detentIon basin, except for the non-natIve specIes of cherry and apple Those non-native species will be replaced With native tree specIes that are eIther deciduous or COniferous The COniferous specIes that are mItigated for WIll be replaced WIth nursery stock that IS a minimum of a 10- 12' Ht balled and burlapped or containerized The deciduous species that are mItigated for WIll be replaced WIth nursery stock that IS a mInimum of 5 gallon container or equal All new plantlngs will be planted In amended SOIl WIth a minImum of2" certified compost and Irrigated until estabhshed In the pond basin and understory plantlngs WIthin the mItigatIOn area, a proposed native plant hst IS defined here Zone 1 (bottom of detenllon area, wettest zone) Carex aperta (ColumbIa Sedge) Carex deweyanna (Dewey Sedge) Juncus enslfohus (Dagger-leaf Rush) SClfpUS mlcrocarpus (Small flowered Bulrush) Slsynchrlum Idahoense (Blue-eyed Grass) Zone 2 (lower part of pond bank) Comus serlcea (Red oSIer Dogwood) Physocarpus captltatus (Ninebark) Oemlerla ceraslformls (Indian Plum) Rubus spectablhs (Salmonberry) Zone 3 (drier upper part of slope) Rosa nutkana (Nootka Rose) Rubus parvlflorus (Thlmbleberry) Symphorlcarpos albus (Snowberry) Phlladelphus leWISII (Mockorange) Lastly, while tree canopy replacement ratios are not specIfically defined by code, the proposed mitIgatIOn plan shows a tree replacement of one for one (trees lost, replaced WIth new plantIngs) It IS estimated that the proposed planting scheme should replace approxImately 10% of the lost canopy In 5 years, and approxImately 40% of the lost canopy In 10 years Then WIthin approximately 10-20 years of growth, the new tree and shrub plantlngs proposed for the new detentIOn pond on Lot II WIll begin to rephcate and In some cases Increase habitat functIOns of the remnant channel Campus Entry Landscape: In addItIon to the above described mitIgatIOn goals of the new drainage basin, Lot II landscape has been Identified by Peace Health as a primary pOint of visual emphaSIS for the campus entry The attached deSIgn sketch Identifies mItIgatIOn areas In combination With a landscape of a more ornamental character PeaceHealth has an Interest In defining the intersectIOn of future St Joseph Place and MLK Jr Boulevard 3 . . ( , , ( ./ wIth substantIal entry monument sIgn age and campus scale ornamental planting of trees, shrubs and lawn areas The landscape at Lot II IS Intended to serve as mItIgatIOn for the remnant channel, whIle provIding an Important vIsual amemty to the campus entry The landscape WIll transitIOn natIve mItIgatIOn plantlngs Into ornamental plantlngs as the landscape abuts the multI-modal traIl, MLK tree lawn and the intersectIon ofSt Joseph Place A combinatIon oflarge flowering shrubs and groundcovers, evergreen shrubs and groundcovers, campus-scale ornamental trees and mown lawn areas will define the comer of Lot II south of the mItIgatIOn area The proposed desIgn of Lot II landscaping Intends to accompilsn both mItIgatIOn goals and PeaceHealth's desire for an attractIve campus entry landscape 4 ", , ' PRE-SUBMITTAL REC'D DEe 2 6 2007 r~ :J, '-", '> .~~ .",J ;:~",' ..~ .f;#, ~. <, ~ . ~r- !i'$~ ~'~' ",,'~J 1~' M J;J'lL() R N~p P > :...~, ~,~ . . :"A~;'; '':11" . . /:~". .";Ci!y}of}~ "i:iii~..,'d~ $,,1. , t;- "" " ~ L"i"l" " 'N\4~~:i' ,,4 , ~ , '-~':~;<f 1", ~ *" To: Don Branch From: Linda Pauly. Planner II Date, December 27, 2005 Subject. RlverBend Subd,vlslon PIP ReView Comments Don, I have completed my review of the latest PIP submittal In addition to the comments I have already provided, please forward the follOWing comments to the applicant Re Sheet DPI 01 The landscaping around the proposed pond IS subject to SubdiVISion Condition 74 (SUB 2005-00012) Condition 74' In order to ensure that the construction and planting of this stormwater management facIlity will fulfill the Intent of GRP and SDC poliCies and R,verBend Master Plan Condition #26. the final selection of the off-Site drainage alternative shall Inelude mitigation measures which replace the loss of GRP Natural Asset #4/NW Dralnageway as follows . The mitigation shall provide an equivalent replacement hydrologic function/capacity. =--1jhe'imtllia.'ti.on~haIIlDrOi;'de"anleaUl;ialent~i':eDlac:em'ent'of't~eeI61noDv'anA ~e:t~~IO''!1fi.~ .' . . - . ~ ... .u.= .-liherniltil',atlorlls.~.a.II'~st~.reln'a"t~l'.e~v.eg2.t:atufill The applicant shall submit a mitigation plan for approval by the City prior to Final Plat submittal. The approved mitigation shall be Installed or bonded prior to Final Plat approval, Finding, The applicant submitted a mitigation proposal to fulfill SubdivIsion Condition 74 In the November 18, 2005 PIP submittal, sheet DP I 0 I A narrative deScribing the mitigation proposal was submitted by consultants Walker Macy, dated November 3, 2005 The memo states that It IS the applicant's Intent to provide the reqUired mitigation for the loss of vegetation associated With GRP Natural Asset #4/NW Dralnageway In thiS Improvement plan Please note that a portion of the mitigatIon for GRP Natural Asset #4/NW Dralnageway (eleven of the trees In the remnant channel 7 Cottonwood (#2952, 2953. 2954. 2956, 2957 and 3438) and 4 Ash (#2963, 2964, 2965 and 2966) has been previously approved through Tree Fel"ng Notice of DeCISion DRC 2005-00020 and approval of the applicant's site plan landscaping In Notice of DeCISion DRC 2005-00019 Therefore the mitigation reqUired IS to provide an equivalent replacement for the future removal of vegetation as the RlverBend Master Plan area IS developed While PeaceHealth has no Intention of removing the eXisting trees at thiS time, the proposed mitigation planting serves to replace the eXisting vegetation Within the NW Dralnageway remnant channel that could potentially be lost With future development Therefore, If future site Improvements reqUire removal of eXisting trees In the remnant channel, mitigation trees WIll already have been planted and be well established Finding. The vegetation to be mitigated through the PIP IS as follows ",' 18 Ash (#2967, 2968,2970,297/,2973,2974,2975,2977,2978,2979,2980, 298/, 2982, 2983 and 3433) 8 Fir (#2993, 2998, 2999, 3000, 300 I, 3002, 3003 and 3006) I Cottonwood (#2976) I Oak (#2994) 3 Maple (#2995, 2996 and 2997) 6 Cherry (#3432, 3434, 3436 and 3437) I Apple (#3435) In addition, one tree will be directly lost due to the grading reqUired to create the basin ThIS tree IS #3225 and IS a multl-trunked apple The Walker Macy memo Included attachment whIch summarIZes the arbonst's In-field tree assessment on October 27, 2005 Thus, a total of 39 trees reqUire mitigation through the planting proposed In thiS PIP Fmdlng. The Walker Macy memo proposed to provide mitigatIon for the remaining trees within the remnant channel at a one to one ratio The PIP submittal proposes to plant 35 trees In the Immediate VICinIty of the pond and 20 additional trees between the pond and the Intersection of MLK Jr Parkway and St Joseph Place Fmdlng: Staff finds that the applicant's the proposal IS In conformance with SubdiVIsion Condition 74 and approves the mitIgation plan The proposed planting will prOVide an equivalent replacement of tree canopy and vegetation type and will restore native vegetation to replace trees to be lost when Gateway Refinement Plan Natural Asset #4/NW Dralnageway IS developed , , r REoSUBI\lIJ iAL REC'O DEe 2 6 2007 Insert document Right Of Way Use Agreement SUB2006-00044 - #5 , KPFF to provide this document prior to Submittal to the City . .'b VVIoIIVIIIII U. IU__ _ DEe 2 6 2007 IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) REFERENCE DOCUMENTATION I DECISION I SUB2006-00044 I CONDITIONS(S) #6 IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter referred to as City, and PeaceHealth, a Washington Non-Profit Corporation, hereinafter referred to as Applicant( s), do covenant, and agree with respect to the real property desCribed below as follows 1 Applicant warrants and represents to the City of Springfield that It IS the owner of the property more particularly desCribed and set forth In Paragraph 7 below and, as owner, has the authority to enter Into thiS Improvement Agreement wIth the City of Springfield 2 Applicant(s) desires Development Approval from the City With respect to the following Development Application SUB2006-00044 3 The development will cause both an Immediate and long-term demand on the various public facilities of City and Lane County Including the speCifiC public Improvements necessitated by the development as set forth In paragraph 6 4 ThiS Improvement Agreement IS an alternative to Imposing a condition on Applicant's development approval that the Applicant make Immediate construction of any public Improvement that the development necessitates The objective IS to promote effiCiency, coordination, and spread costs by prOViding an opportunity for a district wide Improvement mechanism where construction occurs In a coordinated project With the participation of adjacent and other properties In the area, Instead of requIring Immediate Improvement In conjunction With each development application There IS no guarantee, however, that such a coordinated project Will be pOSSible and the City reserves the right to require construction of the Improvements In the future at City discretion 5 (a) Applicant and City agree that Applicant will pay the cost of the follOWing public faCility Improvements desCribed In Paragraph 6 In accordance With respective cost assumption policy established by City at the time the City determines to undertake and complete such public Improvements (b) Applicant and City acknowledge and agree that the cost of such Improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater than the costs that would be apportioned If the Improvements were constructed Immediately or by Applicant now or later (c) Applicant acknowledges that the timing of the construction of such Improvements IS Within the sole and exclUSive direction of the City 6 (a) STREET IMPROVEMENTS along the frontage of St Joseph Place and Baldy View Lane, through Lots 8 and 9, to Include [g] surface paving, [g] storm sewers, D sanitary sewers, [g] curbs, [g] gutters, D planter stripS, [g] street trees, [g] street lights, [g] s,dewalkb (Bar Code Sticker) AFTER RECORDING RETURN TO CITY OF SPRINGFIELD - PUBLIC WORKS DEPARTMENT - 225 FIFTH STREET - SPRtNGFIELD OR 97477 Page 1 of3 (b) TRAFFIC SIGNALS at the Interseclion of N/A (c) OTHER IMPROVEMENTS N/A Applicant acknowledges that the list of marked Improvements reflect those that would currently be required under the appropriate City codes and ordinances Applicant acknowledges that It understands that the Improvements made will be those required to bring the street to full urban standards for the then current funclional classification of the street as those standards eXist at the time the Improvements are made and may, therefore, differ from the list of Improvements checked herein 7 LEGAL DESCRIPTION The real property described as Lots 8 and 9 of the plat RlverBend, Phase II, dated December XX, 2007, and recorded In Lane County on XX Month 2008 8 City agrees that Applicant's execution and performance of the terms of the Agreement Will be deemed to be In compliance with City's policy pertaining to Improvement requirements, and If Applicant complies In every respect With all other applicable laws of the State of Oregon, Lane County, and City, Applicant shall be entitled to Development Approval, subject to the terms and condlllons of approval set forth therein 9 This agreement IS enforceable by the State of Oregon, Lane County or City 10 APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS, PETITIONS, CONSENTS AND ALL OTHER DOCUMENTS NECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF THE STATE OF OREGON, LANE COUNTY, OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS Applicant does not waive any right to protest the amount or manner of spreading the assessment thereof, If the same shall appear to the Applicant to bear ineqUitably or unfair upon said property of Applicant Applicant's acceptance of the non-remonstrance condition IS In consideration for the Ctty's watver of the requirement for the Immediate construction of the publiC tmprovements that the development necessitates This Improvement agreement watves the property owner's right to file a written remonstralion It does not waive a property owner's right to comment on the proposed district or any related matters orally or In writing 11 It IS the Intenlion of the parties hereto that the covenants herein contained shall run With the land herein described, and shall be binding upon the heirs, executors, assigns, administrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property herein described This Agreement shall be recorded In the Lane County Deed Records NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospeclive purchaser of this property, you are advised to discuss this Agreement With an Attorney of your choice Execution and recordallon of this Agreement Will place requirements on the Owner and any subsequent purchaser of the Real Property described In Section 7 and their heirs, successors and assigns These requirements Include but ~re not limited to' the payment for the public Improvements described In Seclion 6 This may result In an assessment lien on the Real Property described In Seclion 7 and significant costs to the Owner and Purchasers, and their heirs, successors and assigns An Applicant's signature on this Agreement indicates that the Applicant has thoroughly read this Agreement, understands It, has had the opportunity to consult legal counsel prior to ItS execution, and understands that execullon of the Agreement may result In significant financial obligallons Imposed upon the Owner of the Real Property Any prospective Purchaser of the property burdened by this Improvement Agreement should also thoroughly review this Agreement, consult With legal counsel prior to purchasing the property, and understand that this Agreement may result In a significant financial obligation Imposed upon any Owner of the Real Property described In Seclion 7 Pago2of3 WHEREFORE, the parties have hereunto set their hand this day of , 20~ (SEAL) (TITLE) (SEAL) (TITLE) STATE OF OREGON COUNTY OF } ss BE IT REMEMBERED that on this day of ,200_before me, the undersigned, a notary public In and for said County and State, personally appeared the within named whose Identity was proved to me on the basIs of satisfactory eVidence and who by me duly sworn, did say that Is/are the of and does acknowledge said Instrument to be the free act and deed of said Corporation, and that the seal affixed to said Instrument IS the Corporate seal of said Corporation, and that said Instrument was signed and sealed In behalf of said Corporation by authonty of ItS Board of Directors IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written Notary Public for Oregon CITY OF SPRINGFIELD By DenniS P Ernst - City Surveyor STATE OF OREGON COUNTY OF } ss BE IT REMEMBERED that on this day of ,200_before me, the undersigned, a notary public In and for said County and State, personally appeared the within named DenniS P Ernst whose Identity was proved to me on the baSIS of satisfactory eVidence and who executed the Within Instrument and acknowledged to me that he executed the same freely and voluntarily IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written , Notary Public for Oregon Page3of3 PRt.SUBMITIA.l REC'D DEe 2 6 2007 Insert document Dedication Document for Qwest Easement on Lot 4 , . (no related condition) , KPFF to provide this document prior to Submittal to the City