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Home My WebLink AboutPermit System Development Code Charge 2004-08-17iij i.i,i ril;Q:l,i.i 'irl{ir,111i-ri l..;, lirri.iUi,:i ) ATi-TE,R RE,CORDING RETURN TO: CITY OF SPRINGFIBLD OPUBLIC !gORKS DE,PARTIVIENT '255 FIFTH STRE,ET ' SPRINGFIE,LD, OR 974 LIEN Svsrcu DTvELoPMENT CHnncE AcnrrMENT Fon DrrenRAL This executed Agreement is to be recorded at Applicant's expense by the City of Springfield at Lane County Deeds and Records Office. PRRrles: city of springfietd, and Development Applicant REBECCA L. STENZEL Recrrnls: WHEREAS, the City of Springfield, pursuant to Oregon Revised Statutes 223.297, et seq., "System Development Charges," has enacted, "System Development Charges," of the Springfield Municipal Code; and WHEREAS, the purpose of the System Development Charge is to impose an equitable share of the public cost of capita! improvements upon the activity of development that creates the need for or increases the demands on such capital improvements; and WHEREAS, Section 3.412(1) of the Springfield Municipal Code provides for the payment of a System Development Charge at the time of the issuance of a building permit, approval of development application for development not requiring the issuance of a building permit, or a permit to connect to water, sanitary sewer, or storm sewer systems; and WHEREAS, Section 3.412(3) of the Springfield Municipal Code provides that the City Manager or the Manage/s designee may require payment in full or that provision for payment satisfactory to the City has been made; and WHEREAS, Section 3.412(4) of the Springfield Municipal Code provides that any provision for payment satisfactory to the City which includes providing an obligation to pay the unpaid System Development Charge and interest thereon, shall be secured by property, bond, deposits, letter of credit, deferred payment agreement, or other security acceptable to the City Manager or the Manage/s designee; and WHEREAS, City through Resolution No. 93-25 has implemented a program providing for the opportunity for Development Applicant to defer System Development Charges; and WHEREAS, Development Applicant has requested deferral of the System Development Charge for the above-referenced development project in the manner hereinafter stated. NOW, THEREFORE, City and Development Applicant agree that the System Development Charge will be paid in accordance with the following terms and conditions: DESCRIPTION OF PROJECT: BUTLD NEW CHILDREN'S MUSEUM..EDUTAINMENT CENTER" WITH SINGLE STORY BUILDING, AN OFFICE MEZZANINE AND PARKING AREA. SITEWORK TO INCLUDE ADDITIONAL BICYCLE PARKING, DUMPSTER AREA IMPROVEMENT, WATER QUALITY {/J 1 System Development Charge Agreement for Deferral Page 1 of 3 Development Project:: MINDS lN MOTION,445 HARLOW RD.; more particularly described in Exhibit "A'which is attached hereto and incorporated herein by this reference. SWALE WITH DRYWELL, AND DEBRIS FTLTERS IN PARKING LOT CATCHBASINS. 2. SYSTEM DEVELOPMENT CHARGE: $29,SZ3.SO ,lJ {1't 3. DEFERRED PAYMENT SCHEDULE: The system Devetopment Charge specified in Paragraph 2 shall be paid by the Development Applican[ in accordance with the following schedule: be paid at the Jil"*#,ir::fflt#,flfl3;H,fiilU IX,3ii:^-D AND No/100 D'LLARS) is to (b) The sum of approximatety g19,sz3.so (NTNETEEN THousAND FlvEHUNDRED SEVENTY-THREE AND s0/f 0O DOLLARS) is to be paid at the comptetion ofconstruction as determined by the City. City will notify Development Applicant that the payment isdue. . (c) ln the event that Development Applicant fails to make the payment requiredby-subparagraph (a), the City will not issue a Building Occupancy Permit or other approval asdefined in Section 3.412 of the Springfield Municipal Code. ln the event DevelopmentApplicant fails to make the payment required by subparagraph (b), no final occupancy approval wiil'be issued. (d) .Development Applicant shall have the right to prepay the obligations set forth in this contract in whole or in part at any time without penalty. (e) Notwithstanding anything contained herein to the contrary, Development App.licant's obligation to pay the System Development Charges specified in paiagraph 2 shall apply only in the event that construction of the development project is substantially completed. ln the event that the preceding condition is not satisfled, for any reason whatsoever,-Deveiopment Applicant shall have_ no obligation to pay any System Development Charge to the City of Springfield and shall be released of any and all obligations under this agfuement andthe City of Springfield shall execute a document evidencing the termination of thislgreement, as described inParagraph 5 below. 4- WAIVER: In consideration for the deferral of System Development Charge set forth in this agreement, l/we expressly waive any and all errors, irregularities or defects, jurisiictional or otherwise, regarding the System Development Charge, including specifically but not limited to errors, irregularities, or defects, if any, in the computation of or underlying methodology of the charge. 5. DURATION: This agreement shall continue in perpetuity. This agreement is intended to and does attach to a), REBEGCA L. STENZEL and run with the MTNDS tN MOTTON land affected herein. This agreement is binding on the undersigned land owner(s), person(s) claiming under it. lt is the intent of REBECGA L. STENZEL, land owner(s), to cieate a continuing obligation and right on the part of themselves and subsequent owners of the subject land. The fe6 is a personal obligation of the owner of the land on which the development is made and the owner's heirs and assigns, with payment of part of or all of the obligation by any of them reducing the obligations of the others by the amount of the payment. Notwithstanding the foregoing, this agreement shall terminate and the restrictions, terms and provisions contained herein shall cease to affect the real property described in Exhibit "A" hereto in the event that the System Development Charges specified in Paragraph 2 hereof are paid in full. Upon the occurrence -ot tne preceding condition, the City of Springfield shall execute a document reasonably requested by Developmlnt Applicant evidencing the termination of the agreement, which document shall be recorded at Development Applicant's expense by the City of Springfield at Lane County Deeds and Records Office. 6. MODIFICATION: Neither the owners nor their successors in interest may modify, withdraw from or dissolve this agreement without the written approval of the City of Springfield. - 7. LIEN: Development Applicant agrees that in the event that Development Applicant fails to pay the System Development Charge as required by the terms and conditions of this agreement, City, in addition to the other remedies specified herein, may place a lien in the amount of the System Development Charge not paid in conformance with the deierred payment schedule set forth in Paragraph No. 3, as specified in this agreement, upon the land upon which the project is constructed, and that such lien may be foreclosed by the City of Springfield in accordance with the procedures set forth in Oregon Revised Statutes 223.505 et. Seq. and City of Springfield lien foreclosure procedures as set forth in the springfield Municipar code. kll System Development Charge Agreement for Deferral Page 2 of 3 d 8' The real property on which-Dgy9lopment Applicant will construct the project is moreparticularly described and set forth in Exhibit "A'i, which is'a legal OescriptLn of the subje6property and is attached to and part of this agreement. 9' ATTORNEYS' FEES: lf there is any legal action or proceeding between the parties hereto arising from or. based on this agreement, the urisuccessful party to suJh action orproceeding shall pay to the prevailing party all reasonable costs and e*penres, includingreasonable attorneys'fees and disbursements, incurred by such prevaiiing pariy in suctiaction orproceeding and in any appeal in connection herewith. lf such prevailing p-arty recovers a judgmentil ?ny such action, proceeding, or appeal, such costs, expenses, and alorneys'fees anddisbursements shall be included in and as a part of such judgment. THE MINDS lN MOTION, LLC and/or RLS HOLDINGS, LLC DATE: Ausust.17.2004 By: Name L. STENZETitle:_ Managing Membe STATEOFOREGON ) coUNTYOFLANE ) ) s.s. Before me this -11L: day of AUGUST_ , zoo4, personallyappearedbeforemeReeeccet..srer.tEt.wnooioffinagingMemberof MINDS lN MOTION, LLG and/or RLS HOLDINGS, LLG, and that said document wls signed byher in behalf of said corporation by authority of its bylaws, and acknowledged to me that saidcorporation executed the same. 1 Notary of My commission expires: DATE: Ausust 17.2004 By CITY OF SPRINGFIELD STATE OF OREGON System Development Charge Administrator COUNry OF LANE 2004, personally appeared lly known and known to the person who executed the foregoing document and he (she)acknowledged that he (she) executed the same Notary of My commission expires: EJJ ) ) ) ss 1 @,,PUBLIC N0. 8, System Development Charge Agreement for Deferral Page 3 of 3 \ba, Dq. 0*r'' q Z"o-I