HomeMy WebLinkAboutAgreement PLANNER 7/9/2008
SPRINGFIELD
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SC Spnngfield LLC
Attn Jeff Bell
7510 Longley Lane, Ste. 102
Reno, NY 89511
{ July 9, 2008 - ~
RE Executed Agreement Attached
Dear Mr Bell,
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 constructIon of a supenor product
m the Spnngfield mixed use market place
Please note that all tImeframes referencmg executIon ofthts ao.,;.,;.~ent shall be started
and calculated from the date ofthts letter Noteworthy tImelmes mclude the cntIcal 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 subIIllttal of Phase I
ApphcatIons Please contact Steve Hopkms (541 7263649) to coordmate subIIllttal
requirements and an updated timelme based upon actual subIIllttal dates
CordIally, ~
~ ~~R-f~~~
~am~s P Donovan, SupervISor
Spnngfield Urban Plannmg DlVIslon
C Joe Leahy, CIty Attorney
Rtck 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 Spnngfield LLC
A LImIted LIabilIty Company
orgaruzed under the laws of
the State of Delaware
5440 LOUIe Lane, Ste 102
Reno, NY 89511
"ApplIcant"
CIty of Spnngfield
A MunIcIpal CorporatIOn of
the State of Oregon
225 FIfth Street
Spnngfield, OR 97477
"CIty"
1. Scooe of Al!reement.
ApplIcant IS developmg "The Villages at Marcola Meadows" ApplIcant IS
submlttmg to CIty applIcatIOns for Phase I TentatIve SubdIVIsIOn and Fmal Plat, i
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 I
proposed development
2 Cltv Fees/CommItment for Exoedlted ReVIew
(Includmg ExpedIted ReView Fees)
In conSIderatIOn of the payment of $1 ,000,000, mc!uslve of expedIted revIew fees
~ prop;ram costs, to the CIty ofSpnngfield (Cny), with $500,000 due no later
than --I. ~,)e..1 ~2008 or followmg final Master Plan Approval, whIchever
occurs first, and the remammg $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 lrutIaI payment, CIty wlll 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 thIS document to guarantee payment to the
CIty of the balance due - $500,000 expedIted reView fee In the event that the
ApplIcant falls to provIde securIty for the remammg $500,000 by thIS deadlme,
the applIcatIOns shall be mllnedlately converted by City from expedIted to non-
expedIted, normal processmg In the event ~f such converSIOn, City wlll reView
the $500,000 already paId for expedIted processing and apply It to all CIty costs,
including but not lImIted to Development ServIce DIVISIOn processing,
programming and personnel and PublIc Works processing, programming and
personnel costs Incurred In antICIpatIOn and/or executIOn of the expedIted
processing In the event of any remaining funds after such applIcatIon by the
CIty, CIty In ItS dIscretIOn may apply the remainder to normal processing fees of
the applIcatIOns
3. Cltv BaSIC ResoonslbllltJes.
(I) ExpedIted ReView CIty WIll proVIde ApplIcant expedIted revIew of The
VIllages at Marcola Meadows, Phases I (Items 7ll through 7vI herein) an~
II (Items 7Vll and 7vlII herein) applIcatIon and permIts referenced herein,'
except for the BUIlding PermIt (Item 71x herein)
I
(ll) Fee AllocatIOn The above referenced CIty fee of$I,OOO,OOO covers all
applIcatIOn costs (applIcatIOn fees, personnel and associated costs) for the
,
processing actIvIty outlIned herein for The VIllages at Marcola Meadows;
Phases I and II, but does not Include permIt costs (PIP, including Peer
ReVIew, If deemed necessary by CIty, and bUIlding permIts, SDCs, etc )
whIch WIll be inVOIced (a CIty-generated estImate) and due at tIme of
permIt submIttal for these permIts and/or development fees
I
(III) ImmedIate Access City WIll prOVide ApplIcant With ImmedIate access to,
suffiCIent CIty staff and/or contract staff, With one pnmary contact person
(to be mutually agreed upon by CIty and ApplIcant), to ensure expedIted I
processing for The VIllages at Marcola Meadows, Phases I and II as
referenced below
(IV) DuratIOn CIty WIll continue to prOVIde ApplIcant WIth staff and/or
contract staff untIl such time as The Vlllages 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 reqUIred to process land use applIcatIons
necessary for development of Phases III and IV of the VIllages at Marcola
Meadows, as shown on the Final Master Plan
4 Aoohcant BaSIC ResoonslblhtJes.
Apphcant agrees to dIlIgently pursue complIance WIth all substantIve and
procedural reqUIrements applIcable to these applIcatIOns/permIts including all
Final 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 dIlIgently pursue submISSIOn of complete and accurate
informatIon at each inItIal submIttal and who WIll promptly, accurately and
completely respond to any request for addItIOnal informatIOn and matenal
2
(I) Pursue ComplIance ApplIcant wIll submIt complete applIcatIOns and, If
an applIcatIOn IS determIned by CIty not to be complete, ApplIcant wIll
submIt the addItIOnal InformatIOn In a tImely manner
(n) Complete ApplIcatIOn ApplIcant agrees that If there IS a dIfference of
opInIOn between ApplIcant and CIty concernIng the completeness of any
reqUIred InformatIOn or the submISSIOn of addItIonal InformatIOn, CIty
may approve, approve wIth condItIOns or deny any land use applIcatIOn
under revIew
(Ill) Concurrent/BundlIng 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 dIstInct and stand on ItS own ments
ApplIcant agrees that submIttal of concurrent and staggered applIcatIOns ,
may delay the reVIew process and result In decIsIOns requmng plan
reVISIOns and/or decIsIOn modIficatIOns for conSIstency WIth all
applIcatIOns/permIts contamed herem ApplIcant acknowledges and
accepts this nsk
5 Land Use ReoUlrements Not WaIved.
ApplIcant agrees that the commItments of CIty WIll not be construed as walvmg
any reqUIrements of the Spnngfield Development Code, Spnngfield MUnICIpal
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 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 CIty, CIty retams 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 thIS
shall be In addItIOn 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 l20-day reVIeW waIver for all requIred Phase II
land use applIcatIOns and may reqUIre such waIver for all Phase I land use
applIcatIOns If ApplIcant refuses CIty's request, CIty WIll proceed on the baSIS of
3
the mformatlOn contamed m the record, and a decIsIOn on the apphcatlOn may
occur on or about 60 days from the date said apphcatlOn IS deemed complete
7. PrOCeSSlDl! of AoohcatlOns. The partIes agree that processmg of the Fmal Master
Plan, Phase I and Phase II apphcatlOns WIll occur as follows
(I) Fmal Master Plan
1 PrIor to the submIttal of any Phase I or Phase II apphcatlOns, Apphcant WIll
submit 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 determmatlOn by the Development ServIces Director that Apphcant's
plans and submIttals have satIsfied all Master Plan condItIOns of approval, CIty
WIll grant final approval
3 Upon Fmal Master Plan approval by CIty, Apphcant may submit the TentatIve
SubdIVISIOn and any other Phase I apphcatlOns (Item IV herem) for Pre-
SubmIttal completeness review
4 WhIle the TentatIve SubdiVISIon Pre-SubmIttal process IS underway, Apphcant
WIll record the Fmal Master Plan and return recorded copIes to CIty
Phase I ApphcatlOns
(11) Land and Dramal!e AlteratIOn PermIts (LDAP)
1 Upon Fmal Master Plan approval (Item I 2 herem) by CIty, Apphcant WIll
submit a complete CIty LDAP apphcatlOn and a DEQ Land Use Compatlblhty
Statement (LUCS) form for approval of mltIal sIte preparatIOn work
2 CIty WIll sIgn the LUCS for Irntial sIte preparatIOn and attach findmgs of
comphance 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
apphcant submIttal ofNPDES permits, the CIty wIll approve and Issue an
LDAP for the mltIaI site preparatIOn work
3 Upon TentatIve SubdIVISIOn approval by CIty, Apphcant Will submIt a second
LDAP apphcatlOn, DEQ LUCS form, and any addItIOnal reqUIred permIts for
work on the remamder of the SIte, mcludmg but not hmlted to DIVISIOn of State
Lands and US Army Corps of Engmeers Wetlands PermIts
4 CIty WIll sign the LUCS for sIte development and attach findmgs of comphance
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
(m) TentatIve SubdlVlslOn
4
1 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 apphcatlOn be deemed complete, processmg WIll begm IrrunedIately
as outlined below (Item III 3) Should the applicatIOn be deemed Incomplete
(I e , mISSIng InformatIOn), Applicant wIll promptly submIt saId InformatIon and
CIty wIll, upon receIpt of saId mformatlOn, determIne lfthe applicatIon IS
complete Once CIty has determmed the applicatIon IS complete, CIty wIll
ImmedIately begIn applicatIOn proceSSIng Applicant agrees that If there IS a
dIfference of opInIon between Applicant and CIty concemmg the completeness
of any reqUIred InformatIOn or the need for submIssIOn of addItIonal
informatIOn, CIty may approve, approve WIth condItIons or deny the TentatIve
SubdIVISIOn
3 Upon determmatlOn of TentatIve SubdIVISIon completeness by the Development
ServIces DIrector or request by Applicant to proceed WIthout supplementIng the
application, CIty WIll begIn applicatIon processIng and Issue a wrItten decIsIOn
4 Apphcant understands that any appeal may delay the expedIted review process
(IV) Tree Fellin!!, DnnkIn!! Water ProtectIon and Street Name Chan!!~
1 Concurrent WIth submIttal of the above TentatIve SubdIVISIOn applicatIon,
Apphcant wIll submIt Tree Felhng PermIt, DnnkIng Water ProtectIOn Overlay
DIstrIct Development and Street Name Change apphcatIons for pre-submIttal
revIew
2 Concurrent WIth the TentatIve SubdIVISIon processIng, CIty wIll process and
Issue a deCISIon regardIng the Tree FellIng PermIt, DnnkIng Water ProtectIOn
Overlay Dlstnct Development and Street Name Change applicatIOns
3 Apphcant 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 determInatIon of SubdlVlslOn Plat completeness by the Development
ServIces DIrector or request by ApplIcant to proceed WIthout supplementing the
applIcatIon, CIty wIll begIn applIcatIOn proceSSing
3 Upon determinatIOn 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 reqUIred to guarantee the work permItted by the PIP
shall be proVIded pnor to the recordatIOn of the SubdIVISIon Plat
5 As finanCIal secunty for the proVISIOn of a future traffic control at the
artenal/slte dnveway intersectIOn locatIOn more partIcularly descnbed and set
forth In Master Plan CondItIOn 27 (5) the applIcant shall, not later than SIX
weeks after executIOn of thIS document or Final SIte Plan Approval, whIchever
5
first occurs, provide a Performance Bond or other financIal secunty acceptable
to the City Engmeer m 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
securIty by thIs deadlme, all applIcatIOns provided m thIs agreement shall be
munedIately 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 m antIcIpatIOn and/or executIOn of the expedIted processmg In the
event of any funds remammg after such applIcatIOns by the CIty, CIty m 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 securIty acceptable to the
CIty Engmeer m an amount equal to the cost of the sIgnalIzed traffic control to
provIde for future traffic control at the artenal sIte driveway mtersectlOn
locatIOn, and Fmal Site Plan Approval and Issuance ofthe Site Plan
Development Agreement Approval shall be wIthheld untIl provIsIOn of such
financIal secunty
6 Upon receipt of SubdIVISIOn Plat approval, ApplIcant wIll record saId
SubdIvIsIOn Plat and return recorded copIes to City
(VI) PublIc Imorovement PrOlect Permit (PIP)
I Concurrent WIth submittal of the above referenced TentatIve SubdivIsIOn
applIcatIOn for Pre-SubmIttal, ApplIcant wIll submIt a complete PublIc
Improvement Project Permit (PIP) package
a ApplIcant's PIP package may be m two parts Part I - The complete scope
of the approved Fmal Master Plan's requIred publIc Improvements, except
those publIc Improvements 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 m two parts, CIty wIll process each upon
receIpt as separate applIcatIOns as outlIned above (Item VI I)
2 ApplIcant agrees that the PIP revIew IS an IteratIve process CIty wIll and
applIcant wIll conduct the InItIal 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 W1thm 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 obtam,
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, begmmng WIth the reqUIred pre-
constructIOn meetmg ApplIcant agrees to assume all nsk for any constructIOn
mltlated pnor to the recordatIon of the SubdIVIsIOn Plat
Phase II ApplicatIOns
(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 m 1lI 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 thIS deadlme If ApplIcant and Lowes execute an Agreement
contammg the follOWIng 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 Immediately
as outlIned herem Should the applIcatIon be deemed mcomplete (I e , mlssmg
mformatlOn), ApplIcant or a deSIgnee WIll submIt Said mformatIon and City
WIll, upon receIpt of said mformatIon, deem the applIcatIOn complete and
Immediately 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
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
(Vlll) 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 Wlth 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 obtam the
BUlldmg PermIt for Phase II constructIOn
(IX) BUlldml! PermIt
WIth a hold harmless agreement, ApplIcant or a deSIgnee may submit the Phase
II bUlldmg plans to the Spnngfield BuIldmg OffiCial for mltIal revIew at
anytIme The hold harmless agreement allows review ofbUlldmg permIts for
the Phase II structure to begm m advance of the above referenced T entatl ve
SubdIvIsion deCISIOn ApplIcant acknowledges that modificatIOn of bUlldmg
plan sets based upon subdIvIsIOn and site plan approvals Wlll reqUIre
reconcIlIatIOn wIth approved PIP and Fmal Site Plans pnor to Issuance of
bUlldmg permIts
2 Upon receipt of such, City wIll begm revIew of saId bUlldmg plans, Issumg plan
review comments as are typIcally done
3 Upon Issuance ofthe above referenced Tentative SIte Plan ReView decIsIOn,
City Wlll also accept and nnmedIately 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 buIldmg permIt revIew comments and executlon of a Fmal
SIte Plan ReView Development Agreement
5 Upon receIpt of saId bUlldmg permits, ApplIcant or a deSignee Will be able to
commence on-sIte bUlldmg constructIOn actlvlty
8. Mutual CoooeratlOn.
CIty and ApplIcant shall endeavor to mutually cooperate wIth each other 10
Implementmg the varIOUS matters contamed herem The Parties shall have
8
Imputed to all ofthelr dutIes, oblIgatIOns, and acts performed under thIs
Agreement, a standard of conduct of good faIth and fair dealmg
9. ModificatIOn of Agreement.
ThIs Agreement may only be modIfied m wntmg sIgned by both partIes
10. Land Use.
Nothmg m thIS Agreement shall be construed as walvmg any reqUIrements of the
Spnngfield Development Code or Spnngfield MUDlclpal Code 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 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 retams sole dIscretIOn to determme CIty's response to such
remand
11. LImitatIOns on the Development
No bUlldmg permIt shall be Issued pnor the approval of PublIc Improvement
Plans for the sanItary sewer systems, stormwater management systems, and street
Improvements for the proposed development, WIthout the pnor wntten approval
of the cIty engmeer It IS expressly understood and agreed that untIl such tIme as
the mfrastructure agreements descn bed herem as Phase I Improvements are
constructed to the satIsfactIOn of the CIty Engmeer, ApplIcant shall not be
authonzed or entItled to receIve a final certIficate of occupancy for any
development on the property
12. Apphcant Legal 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 m thIS Agreement
13. InvahdItv.
If any proVISIon ofthls Agreement shall be deemed unenforceable or mvalId, such
enforceabIlIty or mvalIdlty shall not affect the enforceabIlIty or valIdIty of any
other proVISIon ofthls Agreement The valIdIty, meanmg, enforceabIlIty, and
effect of the Agreement and the nghts and lIabIlItIes of the partIes hereto shall be
determmed m accordance WIth the laws of the State of Oregon
14. ConstructIOn
9
Tlus Agreement shall be governed and construed accordmg to the laws ofthe
State of Oregon, without regard to Its chOIce oflaw 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 JunsdlctlOn
over all lawsUIts brought by any Party agamst any other Party With respect to the
subject matter of thIS Agreement, and each Party hereby mevocably consents to
such exclUSive junsdlctlOn and WaIves any and all objectIOns It might otherwise
have WIth respect thereto
15. NotIces
All notices given under thIs Agreement shall be m wntmg and may be dehvered
by personal dehvery, by overnight couner serVice, or by depOSIt m the Umted
States MaIl, postage prepaid, as certlfied maIl, return receIpt requested, and
addressed as follows
16. Time 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 Hohdays, However, If the last day of any penod falls on a
Saturday, Sunday or legal hohday, then the penod shall be extended to mclude the
next day whIch IS not a Saturday, Sunday, or Legal Hohday "Legal Hohday"
shall mean any hohday observed by the State of Oregon
17 WaIver
WaIver by any Party ofstnct performance of any prOVISIOn of thIs Agreement
shall not be deemed a waIver of or prejudice a Party's nght to reqUIre stnct
performance of the same or any other proVISIOn m the future A claImed WaIver
must be m wntmg and SIgned by the Party grantmg 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 thIs
Agreement shall be a waiver of only that proVISIOn A WaIver of a prOVISIOn m
one mstance shall be a waIver only for that mstance, unless the waiver exphcltly
waIves that proVISIOn for all mstances
18. PolicelRelmlatorv Power Preserved.
Subject to the terms and conditIOns ofthls Agreement, by makmg thiS agreement
the CIty IS speCIfically not obhgatmg Itself, or any other agency, WIth respect to
any pohce power or regulatory actions relatmg to development or operatIOn of
any Improvements to be constructed, mcludmg, but not hmlted to, rezomng,
10
,
varIances, envIronmental clearances or any other governmental approvals whIch
are or may be reqUIred
19. Other JUrisdIctIOns.
APPLICANT understands that the reqUIrements of this AnnexatIon Agreement
are those ofthe CIty of Spnngfield APPLICANT IS advised that other
reqUIrements may anse from Spnngfield UtIlIty Board, WIllamalane Parks and
RecreatIOn DIStrIct, Lane Regional AIr ProtectIOn Agency and MetropolItan
Wastewater Management CommissIOn APPLICANT IS adVised to contact these
entItIes regardmg the specIfic reqUIrements of those entItIes
20. SDC's/Other Fees
It IS the IntentIOn of thIS Agreement that the City fees referenced In SectIOn 2 are
the only fees covered by thIS Agreement Nothmg hereIn shall be construed or
Interpreted that payment of the fees descn bed m SectIOn 2 satIsfies other fees and
charges of the City of Spnngfield, mcludmg but not lImIted to bUIldIng fees,
Systems Development Charges, and other fees reqUIred by the SprIngfield
Development Code or the Spnngfield MunicIpal Code
21. Contact Persons
Contact person for the City of Spnngfield In the ImplementatIOn of thIS
Agreement IS
BtllGnle
Development ServIces DIrector
City of Spnngfield
225 FIfth Street
Spnngfield, OR 97477
Contact person for SC SprIngfield LLC and the ImplementatIOn of thIs Agreement
IS
RIck Satre
Satre Associates, PC
101 East Broadway, SUIte 480
Eugene, OR 97401
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