The URL can be used to link to this page

Home My WebLink AboutAgreement PLANNER 7/9/2008 ~oP~ -- SC Spnngfield LLC Attn Jeff Bell 7510 Longley Lane, Ste 102 Reno, NY 89511 t=::J~ 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 workIng WIth your team of development professIonals on the revJ.ew, approval and construcuon of a supenor product m the Spnngfield rrnxed use market place Please note that all tuneframes referencmg execuuon of thJ.s agreement shall be started and calculated from the date ofthJ.s letter Noteworthy tunehnes include the cnucal path Items of expedIted reVlew performance bondmg (# 2, page 1) and the traffic control bondmg (#7(v)5, page 5) If you have any concerns regardIng these Items now or m the ImmedIate future please contact myself or City Attorney Joe Leahy at your earliest convemence We look forward to Final Approval of the Master Plan and subllllttal of Phase 1 Applicauons Please contact Steve Hopkms (541 7263649) to coordmate subllllttal requrrements and an updated tunehne based upon actual subllllttal dates CordIally, ~ ~ ~w<<--J ~1/~d'?-w i'~. ~am~s P Donovan, Supervisor Spnngfield Urban Plannmg DivislOn 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 Spnngfield LLC A LImIted LiabIlIty Company organIzed under the laws of the State of Delaware 5440 LOUIe Lane, Ste 102 Reno, NV 89511 "ApplIcant" CIty of Spnngfield A MunIcIpal 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 TentatIve 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. Cltv Fees/Commitment for Exnedited RevIew (Includmg Expedited RevIew Fees) In consIderatIon of the payment of $ 1,000,000, mclusIve of expedIted revIew fees ~ propam costs, to the CIty of Sprmgfield (CIty), wIth $500,000 due no later thali --4 \0i\0~ ~2008 or follow1Og final Master Plan Approval, whIchever occurs first, and the remalmng $500,000 shall be paId 10 two equal payments of $250,000 each respectIvely not later than twelve months and not later than twenty-four months from ImtIal 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 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 deadlIne, the applIcatIOns shall be Inunedlately 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 hmlted to Development ServIce DIvIsIOn processmg, programmmg and personnel and Pubhc Works processmg, programmmg and personnel costs mcurred m antlclpatlon and/or executIOn of the expedited processmg In the event of any remammg funds after such applIcatlon by the City, City m ItS dIscretIOn may apply the remamder to normal processmg fees of the apphcatIOns 3. Cltv BaSIC ResoonslbJiltJes' (I) ExpedIted ReView City WIll provIde ApplIcant expedIted revIew of The Villages at Marcola Meadows, Phases I (Items 711 through 7VI herem) and II (Items 7vII and 7vlIl herem) applIcatIOn and permits referenced herem, except for the BUlldmg PermIt (Item 71x herem) (II) Fee AllocatIOn The above referenced City fee of $1,000,000 covers all apphcatIOn costs (applIcatIOn fees, personnel and assocIated costs) for the processmg actlvlty outlmed herem for The VIllages at Marcola Meadows, Phases I and II, but does not mclude permIt costs (PIP, Includmg Peer ReVIew, If deemed necessary by CIty, and bUlldmg permIts, SDCs, etc ) whIch Will be mVOIced (a City-generated estlmate) and due at tlme of permIt submIttal for these permits and/or development fees (1Il) ImmedIate Access CIty wlll provide Apphcant with Immediate access to sufficient CIty staff and/or contract staff, wIth one prImary contact person (to be mutually agreed upon by CIty and Apphcant), to ensure expedited processmg for The Villages at Marcola Meadows, Phases 1 and II as referenced below (IV) DuratIOn CIty WIll contmue to provIde Apphcant With staff and/or contract staffuntll such tlme as The Villages at Marcola Meadows Phases I and II are complete, or 36 months have lapsed followmg executIOn by CIty to the terms of thIs letter Apphcant 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 Fmal Master Plan 4. Aoohcant BaSIC ResoonslbJiltJes Apphcant agrees to dlhgently pursue comphance With all substantlve and procedural reqUirements apphcable to these apphcatIOns/permlts mcludmg all Fmal Master Plan conditIOns of approval applIcable to Phases I and II of the V1l1ages at Marcola Meadows and WIll provide a team of qualIfied and certlfied profeSSIOnals who WIll dlhgently pursue submISSIOn of complete and accurate mformatlOn at each Initial submittal and who WIll promptly, accurately and completely respond to any request for additIOnal mformatIOn and materIal 2 (I) Pursue Comphance Apphcant wIll submit complete apphcatlOns and, If an apphcatlOn IS determmed by CIty not to be complete, Apphcant wIll submIt the addItIOnal mformatIon m a tImely manner (11) Complete ApphcatlOn Apphcant agrees that If there IS a dIfference of opmlOn between Apphcant and CIty concemmg the completeness of any reqUIred mformatIon or the submIssion of addItIonal mformatlOn, CIty may approve, approve wIth condItIOns or deny any land use apphcatIon under revIew (m) Concurrent/Bundlmg Apphcant agrees to prepare and bundle each land use apphcatlOn separately All Type I and II land use decIsions and permIts assocIated shall be submJtted concurrently wIth each phase of development at the tIme of pre-submIttal Each apphcatIon submIttal shall be dlstmct and stand on Its own merIts Apphcant agrees that submIttal of concurrent and staggered apphcatlOns may delay the revIew process and result m deCISIOns requIrIng plan reVISIOns and/or deCISIOn modIficatIOns for consIstency wIth all apphcatlOns/permlts contamed herem Apphcant acknowledges and accepts thIs rIsk 5 Land Use ReoUlrements Not WaIved. Apphcant agrees that the commItments of CIty wIll not be construed as walvmg any reqUIrements of the SprIngfield Development Code, SprIngfield MUnICIpal Code, or Engmeermg and DeSign Standards and Procedures Manual whIch may be apphcable 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 apphcatlOns submItted by Apphcant Apphcant IS responsIble for obtammg, at Apphcant'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 apphcant of any City approval of a development apphcatlOn shall be subject to the CIty'S fee schedule for such appeals, and thIs shall be m addItIOn to the above-referenced $1 mllhon 6. 120-Dav WaIver Issues Apphcant understands that m order to evaluate and process any apphcatlOn, CIty may request Apphcant to sIgn a 120-day revIew WaIver for all requIred Phase II land use apphcatlOns and may requIre such WaIver for all Phase I land use apphcatIons If Apphcant 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. ProcessInl! of AnnhcatlOns. The parties agree that processmg of the Fmal Master Plan, Phase I and Phase II apphcatlOns will occur as follows (I) Fmal Master Plan PrIor to the submIttal of any Phase I or Phase II appl1catlOns, Apphcant Wlll 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 Appl1cant'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 SubdlVlslOn and any other Phase I appl1catlOns (Item IV herem) for Pre- SubmIttal completeness revIew 4 WhIle the TentatIve SubdIvIsIOn Pre-Submittal process IS underway, Appl1cant WIll record the Fmal Master Plan and return recorded copIes to City Phase I ApphcatlOns (II) Land and Dramal!e AlteratIOn Permits (LDAP) I Upon Fmal Master Plan approval (Item I 2 herem) by CIty, Apphcant WIll submIt a complete CIty LDAP appl1catlOn and a DEQ Land Use CompatIbll1ty Statement (LUCS) form for approval of mltIal sIte preparatIOn work 2 CIty WIll sIgn the LUCS for mltIal sIte preparatIon and attach findmgs of compl1ance 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 appl1cant submIttal ofNPDES permIts, the CIty Will approve and Issue an LDAP for the mltIal sIte preparatIOn work 3 Upon TentatIve SubdIVISIOn approval by CIty, Apphcant WIll submit a second LDAP applIcatIOn, DEQ LUCS form, and any addItIOnal reqUIred permIts for work on the remamder of the SIte, mcludmg but not l1mIted 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 compl1ance 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 appl1cant submittal of NPDES or other reqUIred permIts, the CIty WIll approve and Issue an LDAP for the sIte development work (111) Tentative SubdlVlslOn 4 I Upon Fmal Master Plan approval by CIty (Item I 2 herem), Appllcant will submIt the Tentative SubdivIsIOn applicatIOn and staff WIll begm the Pre- SubmIttal completeness revIew 2 Should the appllcatlOn be deemed complete, processmg WIll begm lInmedmtely as outlmed below (Item III 3) Should the appllcatlOn be deemed mcomplete (I e, mlssmg mformatlOn), Appllcant Will promptly submit Said mformatlOn and City WIll, upon receIpt of saId mformatlOn, determme If the applicatIOn IS complete Once CIty has determmed the applicatIon IS complete, City WIll ImmedIately begm appllcatlOn processmg Appllcant agrees that If there IS a dIfference of opmlOn between Applicant and CIty concemmg the completeness of any reqUIred mformatIon or the need for submiSSIOn of additIonal mformatlOn, 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 appllcatlOn processmg and Issue a wntten deCISIOn 4 Appllcant understands that any appeal may delay the expedited review process (IV) Tree Felll111l. DnnkIlllZ Water ProtectIOn and Street Name Change I Concurrent wIth submIttal of the above TentatIve SubdiVISIOn applicatIOn, Appllcant WIll submIt Tree Fellmg PermIt, Dnnkmg Water ProtectIOn Overlay Dlstnct Development and Street Name Change applications for pre-submittal revIew 2 Concurrent with the TentatIve SubdIvIsIOn processmg, City will process and Issue a deCISIon regardmg the Tree Fellmg PermIt, Dnnkmg Water ProtectIOn Overlay Dlstnct Development and Street Name Change applicatIOns 3 Applicant agrees to comply With 'all conditions of approval (v) SubdIVISIon Plat I Followmg receipt of the above referenced TentatIve SubdIVISion deCISIOn, Applicant WIll generate and submit a SubdiVISIOn Plat application 2 Upon determmatlOn of SubdIvIsIOn 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 SubdIVISIOn 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 mtersectlOn locatIOn more partICularly descnbed and set forth m Master Plan CondItIOn 27 (5) the applicant shall, not later than SIX weeks after executIOn of thIS document or Fmal Site Plan Approval, whichever 5 first occurs, provIde a Performance Bond or other finanCIal secunty acceptable to the CIty EngIneer In an amount equal to the cost of the sIgnalIzed traffic control to proVIde for future traffic control at the artenallslte dnveway IntersectIOn locatIOn In the event that the applIcant falls to proVIde such securIty by thIS deadlIne, all applIcatIOns proVIded In thIS agreement shall be nnmedmtely converted by City from expedIted to non-expedIted, normal processIng In the event of such converSIOn, the City wIll revIew the $500,000 already paid for expedited processIng and apply It to all City costs, mcludmg but not lImIted to Development ServIce DIVISIOn processIng, programmIng and Personnel and PublIc Works processIng, programmIng and Personnel costs Incurred m antICIpatIOn and/or executIon of the expedIted processIng In the event of any funds remaInIng after such applIcatIOns by the CIty, CIty In ItS dIscretIOn may apply the remaInder to normal processIng fees of the applIcatIons Further, the conversIOn by the CIty from expedited to non- expedIted, normal processIng shall not relIeve the applIcant from the conditIon of Master Plan Condition 27 (5) to proVide finanCIal secunty acceptable to the CIty EngIneer In an amount equal to the cost of the SignalIzed traffic control to proVide for future traffic control at the artenal sIte dnveway IntersectIOn 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 Pr01ect 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 ImtIal completeness review and revIew of reqUIred revlSlons With all reasonable expedIency ApplIcant acknowledges that breakmg the PIP Into two separate packages has the potentIal to cause unaVOIdable delays 3 ApplIcant agrees to meet WIth staff and prepare reVISIOns as necessary WIthIn 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-requued PIP Performance Bond 4 Upon delIvery of the Performance Bond to City, ApplIcant WIll be able to begm on-sIte work authorIzed by the PIP, begmnmg wIth the reqUIred pre- constructIOn meetmg ApplIcant agrees to assume all rIsk for any constructIOn IDltIated prIor 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 ofthe 14 day publIc notIficatIon perIod and expedited DRC meetmg of the Tentative SubdiVIsion ApplIcation as set forth m 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 prIor to thIS deadlme If ApplIcant and Lowes execute an Agreement contammg 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 shallmclude a pre- submittal revIew and DRC reView of the applIcatiOn 2) A waiver of 120 days provldmg that the 120 day perIod 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 outlmed herem Should the applIcatIOn be deemed mcomplete (I e , mlssmg mformatIOn), 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 concemmg the completeness of any reqUIred mformatIOn or the need for submISSIOn of additIOnal mformatlon, 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 WrItten deCISIOn 5 ApplIcant understands that any appeal may delay the expedited revIew process 7 (VIII) FInal SIte Plan RevIew I FollOWIng receIpt of the above referenced TentatIve Site Plan RevIew decIsIOn, Apphcant or a desIgnee WIll generate and submIt a FInal SIte Plan RevIew apphcatlOn demonstratIng complIance with all conditIons of approval Upon receIpt of such CIty wlll process Said applIcatIOn and Will Issue a deCISIon 2 Upon FInal SIte Plan ReVIew approval by the Development ServIces DIrector, CIty and ApplIcant or a deSIgnee wlll sIgn the reqUIred Development Agreement 3 Upon FInal SIte Plan Revlew approval by CIty, Apphcant may obtaIn the BUIldIng PermIt for Phase II constructIOn (IX) BUIldIng Permit I WIth a hold harmless agreement, Apphcant or a deSIgnee may submIt the Phase II bUIldIng plans to the Spnngfield BUIldIng OffiCial for InItIal reVIeW at anytIme The hold harmless agreement allows revIew of bUIldIng permits for the Phase II structure to begm 10 advance of the above referenced TentatIve SubdIVISIOn deCISion ApplIcant acknowledges that modIficatIOn of bUlldmg plan sets based upon subdivIsIOn and site plan approvals WIll 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 of the above referenced TentatIve SIte Plan ReVIew deCISIOn, CIty Will also accept and IlnmedIately begm bUIldIng permIt review of bUIld 109 SIte Improvement and pnvate utIlIty plans for complIance WIth approved Fmal SIte and PIP Plans 4 CIty wlll 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 bUIldIng permIts, ApplIcant or a deSIgnee wlll be able to commence on-SIte bUIldIng constructIOn actIVIty 8. Mutual CooneratlOn. CIty and ApplIcant shall endeavor to mutually cooperate With each other 10 ImplementIng the varIOus matters contamed hereIn The PartIes shall have 8 Imputed to all of theIr dutIes, obhgatIOns, and acts performed under thIs Agreement, a standard of conduct of good fmth and faIr deahng 9 ModificatIOn of Al!reement ThIs Agreement may only be modIfied m wntmg sIgned by both partIes 10 Land Use. Nothmg m tlus Agreement shall be construed as walvmg any reqUIrements of the Spnngfield Development Code or Spnngfield MUlllclpal Code whIch may be apphcable to the use and development of thIS Property N othmg herem shall be construed as City provldmg or agreemg to provIde approval of any and all discretIOnary land use actIons or other development apphcatlOn submItted by Apphcant Apphcant IS responsIble for obtammg, at Apphcant'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 Develooment. No bUlldmg permIt shall be Issued pnor the approval of Pubhc Improvement Plans for the sanItary sewer systems, storm water management systems, and street Improvements for the proposed development, Wlthout the pnor wntten approval of the cIty engmeer It IS expressly understood and agreed that untIl such tIme as the mfrastructure agreements descnbed herem as Phase I Improvements are constructed to the satIsfactIon ofthe CIty Engmeer, Apphcant shall not be authonzed or entItled to receIve a final certificate of occupancy for any development on the property 12. ADDllcant 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 exphcltly set forth m this Agreement 13. Invalldltv. If any proVISIOn of thIs Agreement shall be deemed unenforceable or mvahd, such enforceablhty or mvahdlty shall not affect the enforceablhty or vahdlty of any other proVISIon of thIs Agreement The vahdlty, meanmg, enforceablhty, and effect of the Agreement and the nghts and hablhtIes 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 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 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 Irrevocably consents to such exclUSIve junSdlctIOn 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 delIvered by personal delIvery, by overnIght couner service, or by deposit m the Umted States Mall, postage prepaId, as certified maIl, return receIpt requested, and addressed as follows 16 Time of Essence TIme IS ofthe essence m the performance of each provIsion of thIS Agreement Unless referred to as Busmess Days, all pen ods of time shall mclude 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 which 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 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 CouncIl or 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 explICItly WaIves that provISIon for all mstances 18 PolIcelRellulatorv Power Preserved. Subject to the terms and condItIons of thIS Agreement, by makIng tlus agreement the City IS specifically not oblIgatmg Itself, or any other agency, WIth respect to any polIce power or regulatory actIOns relatmg to development or operatIOn of any Improvements to be constructed, mcludmg, but not lImited to, rezomng, 10 vanances, envIronmental clearances or any other governmental approvals winch are or may be requIred 19. Other JUriSdictIOns APPLICANT understands that the reqUIrements of thIs AnnexatIOn Agreement are those of the City of Spnngfield APPLICANT IS advIsed that other reqUIrements may anse from Sprmgfield UtIlIty Board, WIllamalane Parks and RecreatIOn Dlstnct, 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 mtentlOn ofthls Agreement that the CIty fees referenced m SectIOn 2 are the only fees covered by thIs Agreement Nothmg 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 lImIted to bUlldmg fees, Systems Development Charges, and other fees reqUIred by the Spnngfield Development Code or the Sprmgfield MUnIcIpal Code 21 Contact Persons Contact person for the CIty of Spnngfield m the implementatIOn of thIS Agreement IS BIll Gnle Development ServIces DIrector CIty of Sprmgfield 225 FIfth Street Spnngfield, OR 97477 Contact person for SC Spnngfield LLC and the ImplementatIOn of thIs Agreement is Rick Satre Satre AssocIates, PC 101 East Broadway, SUIte 480 Eugene, OR 97401 By ::ry Oy!fi'~ II R[~j~~~1 :D ~ :~~)rf(UVED AS\TO .ORM --.J t:>.,... .,>,. -.:-, l"-A\-I 'f DATE _\= \ '2, I a It OFFICE OF Cll '{ f.\TTORNEY " \1 D..~I"."'<>-~ - (O.'>(,.o:::.~\\~c Title Date /7 0L~~r (~h~ , ( / /';;6x I I 12 Title (],~ ,/lZ/I/-' ~~ Date 0f/tJj5