HomeMy WebLinkAboutAgreement PLANNER 7/9/2008
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SPRINCFIELD
SC Spnngfield LLC
Attn J eft' Bell
7510 Longley Lane, Ste 102
Reno, NY 89511
July 9, 2008
RECEIVED
JUL 0 9 ZOOS
RE Executed Agreement Attached
Dear Mr Bell,
By:~~
Please find attached a copy of the executed agreement for expedited processmg of the
Villages at Marcola Meadows project. We look forward to workmg WIth your team of
development professionals on the reVIew, approval and constructJ.on of a supenor product
m the Spnngfield InlXed use market place
Please note that all tuneframes referencing executJ.on of tlus ay....llient shall be started
and calculated from the date oftlus letter Noteworthy tunelmes mc1ude the cntJ.cal path
Items of expedited reVIew performance bondmg (# 2, page 1) and the traffic control
bondmg (#7(v)5, page 5). If you have any concerns regardmg these Items now or m the
unmediate future please contact myself or CIty Attorney Joe Leahy at your earhest
convemence.
We look forward to Fmal Approval of the Master Plan and SUbIDlttal of Phase 1
ApphcatJ.ons Please contact Steve Hopkins (541 7263649) to coordmate SUbIDlttal
reqUIrements and an updated tunelme based upon actual SUbIDlttal dates
Cordially, ~
/ ~y,~R: ../ch-~
~ames P. Donovan, SuperVISor
Spnngfield Urban Plannmg DlVlsion
C Joe Leahy, CIty Attorney
RIck Satre, PnnCIpal, Satre & Assoc , 101 E. Broadway, Ste 480, Eugene, OR 97401
Lowes Co Inc, Attn Jack Mandel, 1530 Faraday Ave, Ste 140, Carlsbad, CA 92008
WRG Inc Attn. Jeremy McPherson, 5415 Westgate Dr, Ste 100, Portland, OR 97221
,
AGREEMENT
VILLAGES AT MARCOLA MEADOWS
PARTIES
SC Sprmgfield LLC
A LUnIted LIabIlIty Company
orgaruzed under the laws of
the State of Delaware
5440 LOUIe Lane, Ste 102
Reno, NY 89511
"ApplIcant"
CIty of Spnngfield
A Muruclpal CorporatIOn of
the State of Oregon
225 FIfth Street
Spnngfield, OR 97477
"CIty"
1. Scone of Al!:reement.
ApplIcant IS developmg "The Villages at Marcola Meadows" ApplIcant IS
submlttmg to CIty applIcatIOns for Phase I Tentauve SubdIvIsIon and Fmal Plat,
Phase II TentatIve SIte Plan RevIew and Fmal SIte Plan RevIew, and other
assocIated applIcatIOns and approvals reqUIred to carry out Phases I and II of the
proposed development
2. CJtv Fees/CommItment for Exnedlted ReView.
(Includmg ExpedIted ReView Fees)
In consIderatIOn of the payment of $1 ,000,000, mc!uslve of expedIted revIew fees
~ pro~am costs, to the CIty of Spnngfield (CIty), With $500,000 due no later
than ~ ~f)e..1 ~2008 or follOWIng final Master Plan Approval, wluchever
occurs first, and the remaInIng $500,000 shall be paId m two equal payments of
$250,000 each respectIvely not later than twelve months and not later than
twenty-four months from IDltIal payment, CIty WIll proVIde expedIted revIew
processmg for the VIllages at Marcola Meadows, Phases I and II and other
assocIated applIcatIons and approvals lIsted herem that are reqUIred to carry out
The VIllages at Marcola Meadows, Phases I and II ApplIcant agrees to proVIde
an ExpedIted ReVIew Performance Bond or other secUrIty satIsfactory to CIty not
later than SIX weeks after executIOn of t1us document to guarantee payment to the
CIty of the balance due - $500,000 expedIted revIew fee In the event that the
ApplIcant faIls to proVIde secUrIty for the remaIrung $500,000 by t1us deadlme,
the applIcatIOns shall be lDlInedlately converted by CIty from expedIted to non-
expedIted, normal processmg In the event of such converSIOn, CIty WIll revIew
I
the $500,000 already paId for expedIted processmg and apply It to all CIty costs,
mcludmg but not lImIted to Development ServIce DIvIsIOn processmg,
programmmg and personnel and PublIc Works processmg, programmmg and
personnel costs mcurred m antIcipatIOn and/or executIOn of the expedIted
processmg In the event of any remalDmg funds after such applIcatIOn by the
CIty, CIty m ItS dIscretIOn may apply the remamder to normal processmg fees of
the applIcatIOns
3. Cltv BasIc ResnonslblhtIes:
(I) ExpedIted RevIew CIty wIll provIde Apphcant expedIted revIew of The
VIllages at Marcola Meadows, Phases I (Items 711 through 7vI herem) and
II (Items 7vII and 7vIII herem) applIcatIOn and permIts referenced herem,
except for the BUlldmg Penrut (Item 71x herem)
(II) Fee AllocatIOn The above referenced CIty fee of $1,000,000 covers all
applIcatIOn costs (applIcatIOn fees, personnel and assocIated costs) for the
processmg actIvIty outlmed herem for The VIllages at Marcola Meadows,
Phases I and II, but does not mclude permIt costs (PIP, mcludmg Peer
ReVIew, If deemed necessary by CIty, and bUlldmg permits, SDCs, etc)
whIch WIll be mVOIced (a CIty-generated estImate) and due at tIme of
permIt submIttal for these permIts and/or development fees
(III) ImmedIate Access CIty wIll provIde ApplIcant WIth mlInedJate access to
sufficIent CIty staff and/or contract staff, WIth one prImary contact person
(to be mutually agreed upon by CIty and ApplIcant), to ensure expedIted
processmg for The VIllages at Marcola Meadows, Phases I and II as
referenced below
(IV) DuratIOn CIty WIll contmue to provIde ApplIcant WIth staff and/or
contract staff untIl such tIme as The VIllages at Marcola Meadows Phases
I and II are complete, or 36 months have lapsed follOWIng executIon by
CIty to the terms of thIS letter ApplIcant understands that addItIOnal
applIcatIOn fees shall be requITed to process land use applIcatIOns
necessary for development of Phases III and IV of the VIllages at Marcola
Meadows, as shown on the Fmal Master Plan
4. Annlicant Basic Resnonslblhties
ApplIcant agrees to dIlIgently pursue complIance WIth all substantIve and
procedural reqUIrements applIcable to these applIcatIOns/permIts mcludmg all
Fmal Master Plan condItIOns of approval applIcable to Phases I and II of the
VIllages at Marcola Meadows and WIll provIde a team of qualIfied and certIfied
profeSSIOnals who WIll ciJlIgently pursue subrmsslOn of complete and accurate
mformatlOn at each mltIal submIttal and who WIll promptly, accurately and
completely respond to any request for addltlOnalmformatlOn and matenal
2
(I) Pursue ComplIance ApplIcant WIll submIt complete applIcatIons and, If
an applIcatIOn IS determmed by CIty not to be complete, ApplIcant WIll
submIt the addItIonal InformatIOn m a tImely manner
(n) Complete ApplIcatIOn ApplIcant agrees that If there IS a dIfference of
opmlOn between ApplIcant and CIty concernmg the completeness of any
reqUIred mformatlOn or the submIssIOn of addItIonal mformatlOn, CIty
may approve, approve WIth condItIOns or deny any land use applIcatIOn
under revIew
(III) ConcurrentlBundlIng ApplIcant agrees to prepare and bundle each land
use applIcatIOn separately All Type I and II land use deCISIons and
permIts assocIated shall be submItted concurrently WIth each phase of
development at the tIme of pre-submIttal Each applIcatIOn submIttal shall
be dlstmct and stand on ItS own ments
ApplIcant agrees that submIttal of concurrent and staggered applIcatIOns
may delay the revIew process and result m decIsIons requIrIng plan
reVISIOns and/or deCISIOn modIficatIOns for consIstency WIth all
applIcatIOns/permIts contamed herem ApplIcant acknowledges and
accepts tlus nsk
5 Land Use ReoUlrements Not Waived.
ApplIcant agrees that the corrurutments of CIty WIll not be construed as walvmg
any reqUIrements of the Spnngfield Development Code, Spnngfield Muruclpal
Code, or Engmeenng and DeSIgn Standards and Procedures Manual whIch may
be applIcable to the use and development of thIS property Nothmg herem shall
be construed as CIty provIdmg or agreemg to provIde approval of any and all
dIscretIOnary land use actIOns or other development applIcatIOns submItted by
ApplIcant ApplIcant IS responsIble for obtalmng, at ApplIcant's expense, all
local, state and/or federal permits and any other approvals as may be reqmred In
the event of any development approval appeal therefrom and subsequent remand
to City, CIty retaIns the sole dIscretIOn to determme CIty's response to such
remand Any appeal by applIcant of any CIty approval of a development
applIcatIOn shall be subject to the CIty'S fee schedule for such appeals, and tlus
shall be m addJtIOn to the above-referenced $1 mIllIon
6. 120-Dav Waiver Issues
ApplIcant understands that m order to evaluate and process any applIcatIon, CIty
may request ApplIcant to sIgn a 120-day revIew waIver for all reqmred Phase II
land use applIcatIOns and may reqmre such WaIver for all Phase I land use
applIcatIOns If ApplIcant refuses CIty'S request, CIty WIll proceed on the baSIS of
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the mformatlOn contamed ID the record, and a decISIon on the applIcatIOn may
occur on or about 60 days from the date saId applIcatIOn IS deemed complete
7 PrOCeSSIDl! of AoolIcatlOns. The partIes agree that processmg of the Fmal Master
Plan, Phase I and Phase II applIcatIOns WIll occur as follows
(I) Fmal Master Plan
I Pnor to the submIttal of any Phase I or Phase II applIcatIOns, ApplIcant WIll
subnut to CIty the Fmal Master Plan package contammg a Cover Letter that
addresses all condItIOns of approval, and all revIsed, Plans, ExhIbIts and
Attachments for Fmal Master Plan approval
2 Upon determmatIon by the Development ServIces Director that ApplIcant's
plans and subnuttals have satIsfied all Master Plan condItIOns of approval, CIty
WIll grant final approval
3 Upon Fmal Master Plan approval by CIty, ApplIcant may subnut the TentatIve
SubdIVISIOn and any other Phase I applIcatIOns (Item IV herem) for Pre-
SubmIttal completeness revIew
4 WhIle the TentatIve SubdIVISIOn Pre-SubmIttal process IS underway, ApplIcant
WIll record the Fmal Master Plan and return recorded copIes to CIty
Phase I ApplIcatIons
(n) Land and Dramal!e AlteratlOn PermIts (LDAP)
I Upon Fmal Master Plan approval (Item I 2 herem) by CIty, ApplIcant WIll
submIt a complete CIty LDAP applIcatIOn and a DEQ Land Use CompatIbIlIty
Statement (LUCS) form for approval ofmltlal site preparatIOn work
2 CIty WIll SIgn the LUCS for IrutIal sIte preparatIOn and attach fmdmgs of
complIance WIth local land use standards (I e , Master Plan) and prepare the
LDAP permIt CIty WIll also proVIde reasonable assIstance and expedIted
response to requests for mformatlOn from DEQ Upon DEQ Issuance and
applIcant subnuttal ofNPDES permIts, the CIty WIll approve and Issue an
LDAP for the IrutIal sIte preparatIOn work
3 Upon TentatIve SubdiVISIOn approval by CIty, ApplIcant WIll submIt a second
LDAP applIcatIon, DEQ LUCS form, and any addItIOnal reqUITed permIts for
work on the remamder of the SIte, mcludmg but not lImIted to DIVISIOn of State
Lands and US Army Corps of Engmeers Wetlands PermIts
4 CIty WIll sIgn the LUCS for sIte development and attach fmdmgs of complIance
based upon the TentatIve SubdIVISIOn deCISIOn and prepare the LDAP permIt
CIty WIll also proVIde reasonable assIstance and expedIted response to requests
for mformatlOn from DEQ Upon DEQ Issuance, and applIcant submIttal of
NPDES or other reqUIred permIts, the CIty WIll approve and Issue an LDAP for
the sIte development work
(III) TentatIve SubdIVISIOn
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I Upon Fmal Master Plan approval by CIty (Item I 2 herem), ApplIcant will
submIt the TentatIve SubdIvIsIOn applIcatIOn and staff WIll begm the Pre-
SubmIttal completeness revIew
2 Should the applIcatIOn be deemed complete, processmg WIll begm IInmedIately
as outlmed below (Item III 3) Should the applIcatIon be deemed mcomplete
(I e , mlssmg InformatIOn), ApplIcant WIll promptly submit saJd InformatIOn and
CIty WIll, upon receIpt of saJd mformatlOn, determme If the applIcatIOn is
complete Once City has determmed the applIcatIOn IS complete, CIty will
munedIately begm applIcatIOn processmg ApplIcant agrees that If there IS a
dIfference of opmIOn between ApplIcant and CIty concernmg the completeness
of any reqUIred mformatIOn or the need for submissIon of addItIOnal
InformatIOn, City may approve, approve WIth condItIOns or deny the TentatIve
SubdIvISIOn
3 Upon determmatIOn of TentatIve SubdivIsIOn completeness by the Development
ServIces DIrector or request by ApplIcant to proceed WIthout supplementmg the
applIcatIOn, CIty will begm applIcatIOn processmg and Issue a wrItten deCISIOn
4 ApplIcant understands that any appeal may delay the expedIted revIew process
(IV) Tree Fellmg. DnnkIng Water ProtectIOn and Street Name Chang~
I Concurrent WIth submIttal of the above Tentative SubdIvIsIOn applIcatIOn,
ApplIcant wIll submIt Tree Fellmg Permit, Dnnkmg Water ProtectIOn Overlay
DIstrIct Development and Street Name Change applIcatIOns for pre-submlttal
revIew
2 Concurrent WIth the Tentative SubdIvIsIOn processmg, CIty WIll process and
Issue a deCISIon regardmg the Tree Fellmg PermIt, Dnnkmg Water ProtectIon
Overlay DistrIct Development and Street Name Change applIcatIOns
3 ApplIcant agrees to comply WIth all conditIOns of approval
(v) SubdivisIon Plat
I FolloWIng receIpt of the above referenced TentatIve SubdiVISIOn deCISIOn,
ApplIcant WIll generate and submIt a SubdIVISIOn Plat applIcation
2 Upon determmatlOn ofSubdivlslOn Plat completeness by the Development
ServIces DIrector or request by ApplIcant to proceed WIthout supplementmg the
applIcatIOn, CIty WIll begm applIcatIOn processmg
3 Upon determmatlOn by the Development ServIces DIrector that ApplIcant has
satIsfied all TentatIve SubdIVISIOn condItIOns of approval, CIty WIll grant
SubdlvlslOn Plat approval by signature on the Plat
4 The Performance Bond reqUITed to guarantee the work permitted by the PIP
shall be provIded pnor to the recordatIOn of the SubdIVISIOn Plat
5 As fmanclal secunty for the prOVISIOn of a future traffic control at the
artenal/slte dnveway mtersectlOn locatIOn more partIcularly descnbed and set
forth m Master Plan CondItIOn 27 (5) the applIcant shall, not later than SIX
weeks after executIOn oftlus document or Fmal Site Plan Approval, whichever
5
first occurs, provIde a Performance Bond or other financial securIty acceptable
to the CIty Engmeer 10 an amount equal to the cost of the sIgnalIZed traffic
control to provide for future traffic control at the artenal/slte dnveway
mtersectlOn locatIOn In the event that the applIcant falls to provIde such
secunty by tlus deadlme, all applIcatIOns provIded 10 thIS agreement shall be
Ilnmedlately converted by CIty from expedited to non-expedIted, normal
processmg In the event of such converSIOn, the CIty Will revIew the $500,000
already paId for expedIted processmg and apply It to all CIty costs, mcludmg
but not lImIted to Development ServICe DIVISIOn processmg, programmmg and
Personnel and PublIc Works processmg, programmmg and Personnel costs
mcurred 10 antICIpatIOn and/or executIOn of the expedIted processmg In the
event of any funds remaInmg after such applIcatIOns by the City, CIty 10 Its
dIscretIOn may apply the remamder to normal processmg fees of the
applIcatIOns Further, the conversIOn by the City from expedIted to non-
expedIted, normal processmg shall not relIeve the applIcant from the conditIOn
of Master Plan CondItIOn 27 (5) to proVIde financIal secunty acceptable to the
CIty Engmeer 10 an amount equal to the cost of the sIgnalIzed traffic control to
proVIde for future traffic control at the artenal sIte dnveway mtersectlOn
locatIOn, and Fmal SIte Plan Approval and Issuance of the SIte Plan
Development Agreement Approval shall be Withheld untIl prOVISIOn of such
finanCIal securIty
6 Upon receIpt of SubdIVISIOn Plat approval, ApplIcant WIll record SaId
SubdiVISIOn Plat and return recorded copIes to CIty
(VI) PublIc Imnrovement Project PermIt (PIP)
I Concurrent With submIttal of the above referenced TentatIve SubdIVISIOn
applIcatIOn for Pre-SubmIttal, ApplIcant WIll subllllt a complete PublIc
Improvement Project PermIt (PIP) package
a ApplIcant's PIP package may be 10 two parts Part I - The complete scope
of the approved Fmal Master Plan's reqUIred publIc Improvements, except
those publIc unprovements related to Master Plan CondItIon 27, the
roundabout, the relocatIOn of Marcola Road and the access lane, and Part
2 - Master Plan CondItIOn of Approval 27 PublIc Improvements
b In the event the PIP package IS ill two parts, City Will process each upon
receIpt as separate applIcatIOns as outlmed above (Item VI I)
2 ApplIcant agrees that the PIP revIew IS an IteratIve process City Will and
applIcant Will conduct the mltIaI completeness revIew and revIew of reqUIred
reVISIOns With all reasonable expediency ApplIcant acknowledges that breakmg
the PIP mto two separate packages has the potential to cause unaVOIdable
delays
3 ApplIcant agrees to meet WIth staff and prepare reVISIOns as necessary Wlthm a
reasonable tIme over the course of the revIew of the plans submItted pursuant to
6
the PIP After approval of the plans by the CIty Engmeer, ApplIcant WIll obtaIn,
execute and delIver cIty-reqUIred PIP Performance Bond
4 Upon delIvery of the Performance Bond to CIty, ApplIcant WIll be able to begm
on-sIte work authonzed by the PIP, beglnnmg WIth the reqUIred pre-
constructIOn meetmg ApplIcant agrees to assume all nsk for any construction
mltIated pnor to the recordatIOn of the SubdIVISIOn Plat
Phase II ApphcatlOns
(VII) TentatIve SIte Plan Review
I Upon completIOn of the reqUIrements for the Phase I ApplIcatIOns, Paragraphs
II-VI heremabove mcludmg the completIOn of the 14 day publIc notIficatIOn
penod and expedIted DRC meetmg of the TentatIve SubdIvIsion ApplIcatIOn as
set forth In III the City WIll accept submIssIOn of a TentatIve SIte Plan revIew
applIcatIOn for the Lowes' sIte CIty WIll accept a TentatIve SIte Plan review
applIcatIOn pnor to tlus deadlme If ApplIcant and Lowes execute an Agreement
contaInmg the followmg conditIOns I) Provldmg that there shall be no
processmg of the TentatIve SIte Plan untIl complIance WIth the reqUIrements of
the first sentence heremabove have been met Processmg shall mclude a pre-
submIttal revIew and DRC review of the applIcatIOn 2) A WaIver of 120 days
provldmg that the 120 day penod shall commence only upon complIance WIth
the requIrements set forth m the first sentence heremabove, and the
commencement of processmg ApplIcant understands that a deCISIOn regardmg
the TentatIve SIte Plan RevIew applIcatIOn WIll be Issued only after the decISIon
for the TentatIve SubdiVIsIOn applIcatIOn has been Issued
2 Upon submittal of the TentatIve SIte Plan ApplIcatIOn CIty WIll begm the Pre-
SubmIttal completeness revIew process
3 Should the applIcatIOn be deemed complete, processmg WIll begm Immed13tely
as outlmed herem Should the applIcatIOn be deemed mcomplete (I e , mlssmg
mformatIOn), ApplIcant or a desIgnee WIll submIt s3ld mformatIOn and City
WIll, upon receipt of saId InformatIOn, deem the applIcation complete and
ImmedIately begm applIcatIOn processmg ApplIcant agrees that If there IS a
dIfference of opmIOn between ApplIcant and CIty concermng the completeness
of any reqUIred mformatIOn or the need for subrmssIOn of addItIOnal
mformatIOn, CIty may approve, approve WIth condItIOns or deny the Tentative
SubdIVISIon
4 Upon determmatIOn of TentatIve SIte Plan ReVIew completeness by the
Development ServIces DIrector or request by ApplIcant to proceed WIthout
supplementmg the applIcatIon, CIty WIll begm applIcatIOn processmg and Issue
a wntten deCISIOn
5 ApplIcant understands that any appeal may delay the expedIted revIew process
7
(VIII) Fmal SIte Plan Review
I Followmg receIpt of the above referenced TentatIve SIte Plan RevIew decIsion,
ApplIcant or a desIgnee WIll generate and submIt a Fmal Site Plan ReVIew
applIcatIOn demonstratmg complIance WIth all condItIOns of approval Upon
receIpt of such CIty WIll process SaId applIcatIOn and WIll Issue a deCISIOn
2 Upon Fmal Site Plan ReVIew approval by the Development ServIces DIrector,
CIty and ApplIcant or a deSIgnee WIll sIgn the reqUIred Development
Agreement
3 Upon Fmal SIte Plan ReVIew approval by CIty, ApplIcant may obtaIn the
BuIldmg Pemnt for Phase II constructIOn
(IX) BUlldml! PermIt
I WIth a hold harmless agreement, ApplIcant or a deSIgnee may subrmt the Phase
II bUlldmg plans to the Spnngfield BUlldmg OffiCIal for IrutIal revIew at
anytIme The hold hannless agreement allows revIew ofbUlldmg permIts for
the Phase II structure to begm m advance of the above referenced TentatIve
SubdIVISIOn deCISIon ApplIcant acknowledges that modIficatIOn ofbUlldmg
plan sets based upon subdIVISIOn and sIte plan approvals Will reqUIre
reconcIlIatIOn WIth approved PIP and Fmal SIte Plans pnor to Issuance of
bUlldmg pemnts
2 Upon receIpt of such, CIty WIll begm revIew of saId bUlldmg plans, Issumg plan
revIew comments as are typIcally done
3 Upon Issuance of the above referenced TentatIve Site Plan ReVIew deCISIOn,
CIty WIll also accept and nnmedJately begm bUlldmg permIt revIew ofbUlldmg
sIte Improvement and pnvate utIlIty plans for complIance WIth approved Fmal
SIte and PIP Plans
4 CIty WIll develop and follow a review schedule WIth the mtent that bUlldmg
permIts (for bUlldmg and site constructIOn both) WIll be Issued upon complIance
by applIcant WIth bUlldmg permIt revIew comments and executIOn of a Fmal
SIte Plan ReVIew Development Agreement
5 Upon receIpt of SaId bUlldmg pemnts, ApplIcant or a deSIgnee WIll be able to
commence on-site bUlldmg constructIOn actIvIty
8. Mutual CooneratIon.
CIty and ApplIcant shall endeavor to mutually cooperate WIth each other m
unplementIng the VarIOUS matters contaIned herem The PartIes shall have
8
Imputed to all of theIr dutIes, oblIgatIOns, and acts performed under tills
Agreement, a standard of conduct of good farth and faIr dealIng
9. ModificatIon of Al!reement.
Tills Agreement may only be modIfied In WrItIng SIgned by both parties
10 Land Use.
Nothmg m tlus Agreement shall be construed as warvmg any requIrements of the
SprIngfield Development Code or SprIngfield Mumclpal Code whICh may be
applIcable to the use and development of thiS Property Nothmg herem shall be
construed as City provldmg or agreemg to proVIde approval of any and all
discretIOnary land use actIOns or other development applIcatIOn submitted by
ApplIcant ApplIcant IS responsIble for obtammg, at ApplIcant's expense, all
local, State and/or Federal permIts and any other approvals as may be reqUIred In
the event of any development approval appeal therefrom and subsequent remand
to the City, CIty retarns sole dIscretIOn to determme CIty'S response to such
remand
11. LimItatIons on the Develonment
No bUlldmg permIt shall be Issued prIor the approval of PublIc Improvement
Plans for the sarutary sewer systems, stormwater management systems, and street
Improvements for the proposed development, Without the prIor WrItten approval
of the cIty engmeer It IS expressly understood and agreed that untIl such tune as
the mfrastructure agreements deSCrIbed herem as Phase I Improvements are
constructed to the satIsfactIOn of the CIty Engmeer, ApplIcant shall not be
authorIzed or entItled to receIve a final certIficate of occupancy for any
development on the property
12. Avnhcant Lel!al Counsel.
APPLICANT has sought mdependent legal counsel With respect to all of the
prOVISIOns of thIS agreement and IS not relymg on any representatIOns by CIty that
are not explICItly set forth In tlus Agreement
13. Invahdltv.
If any proVISIOn of tlus Agreement shall be deemed unenforceable or mvahd, such
enforceabIlIty or InvalIdIty shall not affect the enforceabIlIty or vahdlty of any
other proVISIOn of thIS Agreement The valIdIty, mearung, enforceabilIty, and
effect of the Agreement and the rIghts and lIabIlItIes of the partIes hereto shall be
determmed m accordance WIth the laws of the State of Oregon
14. ConstructIon.
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Tlus Agreement shall be governed and construed accordmg to the laws of the
State of Oregon, WIthout regard to Its chOIce of law prOVIsIOns, any actIOn or SUIt
,
to enforce or construe, any prOVISIOn of thIS Agreement by either party shall be
brought m the CIrCUIt Court of the State of Oregon for Lane County The CIrCUIt
Court of the State of Oregon for Lane County shall have exclusIve junSdlctIOn
over all lawSUIts brought by any Party agamst any other Party WIth respect to the
subject matter of tins Agreement, and each Party hereby Irrevocably consents to
such exclusIve junSdlctIOn and WaIves any and all objectJons It mIght othefWIse
have WIth respect thereto
15. NotIces.
All notJces gIven under thIS Agreement shall be m wntmg and may be delIvered
by personal delIvery, by overnight conner servIce, or by deposIt m the Umted
States MaIl, postage prepaId, as certIfied maIl, return receIpt requested, and
addressed as follows
16. :rIme of Essence.
TIme IS of the essence m the performance of each provIsIOn of thIS Agreement
Unless referred to as Busmess Days, all penods of tIme shallmclude Saturdays,
Sundays and Legal HolIdays, However, If the last day of any penod falls on a
Saturday, Sunday or legal holIday, then the penod shall be extended to mclude the
next day wluch IS not a Saturday, Sunday, or Legal HolIday "Legal HolIday"
shall mean any holIday observed by the State of Oregon
17. WaIver.
WaIver by any Party of StrICt performance of any prOVISIOn of tins Agreement
shall not be deemed a walver of or prejudIce a Party's nght to reqUIre strIct
performance of the same or any other prOVISIOn m the future A claImed waIver
must be m wntmg and sIgned by the Party grantIng a WaIver Only waIvers
approved by the CIty CouncIlor a person desIgnated by the CIty Manager may
execute waIvers on behalf of the City A WaIver of one provIsIOn of tins
Agreement shall be a WaIver of only that provISIon A WaIver of a provIsIOn m
one mstance shall be a WaIver only for that instance, unless the WaIver explICItly
WaIves that provIsIOn for allmstances
18 Pohce/Rel!ulatorv Power Preserved.
Subject to the terms and condItIOns of tins Agreement, by makmg tins agreement
the City IS specIfically not oblIgatmg Itself, or any other agency, WIth respect to
any polIce power or regulatory actJons relatmg to development or operatIOn of
any llllprovements to be constructed, mcludmg, but not lImIted to, rezonmg,
10
.
vanances, envIronmental clearances or any other governmental approvals wluch
are or may be reqUlred
19 Other JUrisdIctIOns.
APPLICANT understands that the reqUlrements of thIS AnnexatIOn Agreement
are those of the CIty of Spnngfield APPLICANT IS advIsed that other
requuements may anse from Spnngfield UtIlIty Board, WIllamalane Parks and
RecreatIon DIStrIct, Lane RegIOnal AIr ProtectIOn Agency and MetropolItan
Wastewater Management ComrmsslOn APPLICANT IS advIsed to contact these
entItIes regardmg the specific reqUlrements of those entItIes
20. SDC's/Other Fees
It IS the mtentlOn of tlus Agreement that the CIty fees referenced In SectIOn 2 are
the only fees covered by thIs Agreement Notlung herem shall be construed or
mterpreted that payment of the fees descnbed m SectIon 2 satIsfies other fees and
charges of the CIty of Spnngfield, mcludmg but not Irmlted to bUIldmg fees,
Systems Development Charges, and other fees requued by the Sprmgfield
Development Code or the Sprmgfield MunICIpal Code
21. Contact Persons.
Contact person for the CIty of Spnngfield m the ImplementatIOn of tlus
Agreement IS
BIll Gnle
Development Services DIrector
CIty ofSpnngfield
225 FIfth Street
Spnngfield, OR 97477
Contact person for SC Sprmgfield LLC and the ImplementatIOn oftlus Agreement
IS
RIck Satre
Satre ASSOCIates, PC
101 East Broadway, SUIte 480
Eugene, OR 97401
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