HomeMy WebLinkAboutCorrespondence PLANNER 7/9/2008
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SC Springfield LLC
Attn: Jeff Bell
7510 Longley Lane, Ste. 102
. Reno,NV 89511
July 9,2008
RECEIVED
RE: Executed Agreement Attached
JUL 092008
Dear Mr. Bell, BY~~
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Please find attached a copy oithe executed agreement for expedited processmg of the .0
Villages at Marco1a Meadows project We look forward to working with your team of
development professionals on the review, approval and construction of a superior product
in the Springfield mixed use market place.
Please note that all timeframes referencing execution of this agreement shall be started
and calculated from the date of this letter. Noteworthy timelines include the critical path
itenis of expedited review performance bonding (#.2, page 1) and the traffic control
bonding (#7(v)5, page 5).1fyou have any concerns regarding these items now or in the
immediate future please contact myself or City Attorney Joe Leahy at your earliest
convenience.
We look forward to Final Approval of the Master Plan and submittal of Phase 1
Applications. Please contact Steve Hopkins (541.726.3649) to coordinate subIDittal
requirements and an updated timeline based upon actual submittal dates.
CordiallY,p.
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~am~s P. Donovan, Supervisor
Springfield Urban Planning Division
C: Joe Leahy, City Attorney
Rick Satre, Principal, 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
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AGREEMENT
V'lLLAGES AT MARCOLA MEADOWS
PARTIES:
SC Springfield LLC
A Limited Liability Company
organized under the laws of
the State of Delaware
5440 Louie Lane, Ste 1.02 .
Reno, NV 89511
"Applicant"
City of Springfield.
A Municipal Corporation of
the State of Oregon
225 Fifth Street
Springfield, OR 97477
"City"
1. . Scone of Al!reement.
Applicant is developing "The Villages at Marcola Meadows." Applicant is
submitting to City applications for Phase I Tentative Subdivision and Final Plat,
PhaseII Tentative Site Plan Review and Final Site Plan Review, and other
associated applications and approvals required to carry out Phases I and II ofthe
proposed development.
2. Citv Fees/Commitment for Exnedited Review.
(Including Expedited ReviewFees)
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In consideration of the payment of $1 ,000,000, .inc1usive of expedited review fees
~ program costs, to the City of Springfield (City), with $500,000 due no later
. . thaii -1 ~eJ. CL2008 or following final Master Plan Approval, whichever
occurs first, and the remaining $500,000 shall bepaid in two equal payments of
$250,000 each respectively not later than twelve months and not later than
twenty-four months from initial payment, City will provide expedited review.
processing for the Villages at Marcola Meadows, Phases 1 and II and other
associated applications and approvals listed herein 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 fails to provide security for the remaining $500,000 by this deadline,
the appiications shall be immediately converted by City from expedited to non-
L expedited, normal processing. In the event of such conversion, City will review
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the $500,000 already paid for expedited processillg and apply it to all City costs,
includillg but not limited to Development Service Division processing,
programming and personnel and Public Works processing, programmillg 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. Citv Basic Resnonsibilities:
(i) Expedited Review. City will provide Applicant expedited review of The
Villages at Marcola Meadows, Phases I (Items 7ii through 7vi herein) and
II (Items 7vii and 7viii herein) application and permits referenced herein,
except for. the Building Permit (Item 7ix herein).
(ii) Fee Allocation. The above referenced City fee of $1,000;000 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 developmenrfees.
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(iii) ImmediateAccess. City will provide Applicant with immediate 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
. 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 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 required to process land' use applications
necessary for development of Ph!iSes III and IV of the Villages at Marcola
Meadows, as shown on the FinalMaster Plan.
4. Annlicant Basic Resnonsibilities.
Applicant agrees to diligently pursue compliance with all substantive and
procedural requirements applicable to these applications/permits iricluding all
Fillal Master Plan conditions of approval applicable to Phases I and II of the
Villages at MarcolaJv1eadows 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 material.
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(i) Pursue Compliance. Applicant willsubinit complete applications and, if
an application is determined by City not to be complete, Applicant will
submit the additional information in a timely manner.
(ii) Complete Application. Applicant agrees that ifthere 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.
(iii) 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 subinitted concurrently with each phase of
development at the time of pre-submittal. Each application submittal shall
be distinct and stand. on its own merits.
Applicant agrees that submittal of concurrent and staggered applications
may delay the review process and result in decisions requiring plan
revisions and/or decision modifications for consistency with all
applications/permits contained herein. Applicant acknowledges and
accepts this risk.
5.. Land Use Reouirements Not Waived.
Applicant agrees that the commitments of City will not be construed .as waiving
any requirements of the Springfield Development Code, Springfield Municipal
Code, or Engineering and Design Standards and Procedures Manual which may
be applicable to thecuse and development of this property. Nothing herein shall
be construed as City providing or agreeing to provide approval of any and all
discretionary land use actions or other development applications submitted by
ApplicanL Applicant is responsible for obtaining, 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 retains the sole discretion to determine City's response to such
remand. Any appeal by applicant of any City approval ofa 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 in order to evaluate and process any application, City
may request Applicant to sign a 120-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
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the infoimation contained in the record, and a decision on the application may
occur on or about 60 days from the date said application is deemed complett?
7. Processing of Aoolications. The parties agree that processing of the Final Master
Plan, Phase I and Phase II applications will occur as follows:
(i) Final Master Plan
1. Prior to the submittal of any Phase I or Phase II applications, Applicant will
submit to City the Final Master Plan package containing a Cover Letter that
addresses all conditions of approval; and all revised, Plans, Exhibits and
Attachments for Final Master'Plan approval.
2. Upon determination by the Development Services Director that Applicant's.
plans and submittals have satisfied all Master Plan conditions of approval, City
will grant final approval.
3. Upon Final Master Plan approval by City, Applicant may submit the Tentative
Subdivision and any other Phase I applications (Item iv herein) for Pre-
Submittal completeness review.
4. While the Tentative Subdivision Pre-Submittal process is underway, Applicant
will record the Final Master Plan and return recorded copies to City.
Phase I Applications
(ii) Land and Drainalle Alteration Permits (LDAP)
1. Upon Final Master Plan approval (item i 2 herein) by City, Applicant will
submit a complete City LDAP application and a DEQ Land Use Compatibility
statement (LUCS) form for approval of initial site preparation work.
2. City will sign the LUCS for initial site preparation and attach [mdings 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 information from DEQ. Upon DEQ issuance and
applicant submittal ofNPDES permits, the City will approve and issue an
LDAP for the initial site preparation work. . .
3. - Upon Tentative Subdivision approval by City, Applicant will submit a second
LDAP application, DEQ LUCS form, and any additional required permits for
. woik on the remainder of the site, including but not limited to Division of State
Lands and US Army Corps of Engineers Wetlands Permits.
4. City will sign the LUCS for site development and attach findings 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 information 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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1. Upon Final Master Plan approval by City (item i 2 herein), Applicant will
submit the Tentative Subdivision application and staff will begin the Pre-
Submittal completeness review.
2. Should the application be deemed complete, processing will begin immediately
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 information, determine if the application is
complete. Once City has determined the applicationis complete, City will
immediately begin application processing. Applicant agrees that if there is a
difference of opinion betWeen Applicant and City. conceming the completeness
of any require~ information or the need for submission of additional
information, City may approve, approve with conditions or deny the Tentative
Subdivision. .
3. Upon determination of Tentative Subdivision completeness by the Development
Services Director or request by ApplicaI'\t to proceed without supplementing the
application, City will begin application processing and issue a written decision.
4. Applicant understands that any appeal may delay the expedited review process.
(iv) Tree Felling:. Drinking: Water Protection and Street Name Chang:e
1. Concurrent with submittal of the above Tentative.Subdivision application,
Applicant will submit Tree Felling Permit, Drinking Water Protection Overlay
District Development and Street Name Change applications for pre-submittal
revIew.
2. Concurrent with the Tentative Subdivision processing, City will process and
issue a decision regarding the Tree Felling Permit, Drinking Water Protection
Overlay District Development and Street Name Change applications.
3. Applicant agrees to comply with all conditions of approval.
(v) Subdivision Plat
1. Following receipt of the above referenced Tentative Subdivision decision,
Applicant will generate and submit a Subdivision Plat application.
2. Upon deJermination of Subdivision 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
Subdivision Plat approval by signature on the Plat.
. 4. The Perfonnance Bond required to guarantee the work permitted by the PIP
shall be provided prior to the recordation of the Subdivision Plat.
5. As financial security for the provision of a future traffic control at the
arteriaVsite driveway intersection location more particularly described and set
forth in Master Plan Condition 27 (5) the applicant shall, not later than six
weeks after execution of this document ot Final Site Plan Approval, whichever
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first occurs, provide a Performance Bond or other financial security 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 arterial/site driveway
intersection location. In the event that the applicant fails to proVide such
security by this deadline, all applications provided in this agreement shall be
immediately converted by City from expedited to non-expedited, nonhal
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, 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.ofthe 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 security 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 arterial.site driveway intersection
location, and Final Site Plan Approval and issuance of the Site Plan
Development Agreement Approval shall be withheld until provision of such
.fmancial security.
6. Upon receipt of Subdivision Plat approval, Applicant will record said
Subdivision Plat and return recorded copies to City.
(vi) Public Imnrovement Proiect Permit (PTP)
1. Concurrent with submittBl 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 in two parts: Part 1 - The complete scope
of the approved Final 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 in two parts, City will process each upon
receipt as-separate applications as outlined above (item vi 1).
7. 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 breaking
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
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the PIP. After approval of the plans by the City Engineer, 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 begin
on-site work. authorized by the PIP, beginning with the required pre-
construction meeting. Applicant agrees to assume all risk for any construction
initiated prior to the recordation of the Subdivision Plat
Phase II Applications
(vii) Tentative Site Plan Review
1. Upon completion of the requirements for the Phase I Applications, Paragraphs
ii-vi hereinabove including the completion of the 14 day public notification
period and expedited DRC meeting 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 prior to this deadline if Appljcant and Lowes execute an Agreement
containing the following conditions: 1 ) Providing that there shall be no
processing of the Tentative Site Plan until compliance with the requirements of
the first sentence hereinabove have been met. Processing shall include a pre-
submittal review and DRC review of the application. 2) A waiver of 120 days
providing that the 120 day period shall commence only upon compliance with
the requirements set forth in the first sentence hereinabove, and the
commencement.ofprocessing. Applicant understands that a decision regarding
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 begin the Pre-
Submittal completeness review process..
3. Should the application be deemed complete, Rrocessing will begin immediately
as outlined herein. Should the application be deemed incomplete (i.e., missing
information),' Applicant or a designee will submit said information and City
will, upon receipt of said information, deem the application complete and.
immediately begin application processing. Applicant agrees that if there is a
difference of opinion between Applicant and City concerning 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.
4. Upon determination of Tentative Site Plan Review 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.
5. Applicant understands that any appeal may delay the expedited review process.
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. (viii)
Final Site Plan Review
1. Following receiptofthe above referenced Tentative Site Plan Review decision,
Applicant or a designee will generate and submit a Final Site Plan Review
applic'!tion demonstrating compliance with all conditions of approval: Upon
receipt of such City will 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 will sign the required Development
Agreement.
3. Upon Final Site Plan Review approval by City, Applicant may obtain 1:he
Building Permit for Phase II construction.
(ix) Buildinl! Permit
1. With a hold harmless agreement, Applicant or a designee may submit the Phase
II building plans to the Springfield Building Official for initial review at
anytime. The hold haniJless agreement allows review of building permits for
the Phase II structure to begin in advance of the above referenced Tentative
Subdivision decision. Applicant acknowledges that modification of building
plan sets based upon subdivision and site plan approvals will require
reconciliation with approved PIP and Final Site Plans prior to issuance of
building permits.
2. Upon receipt of such, City will begin review of said building plans, issuing plan
review COinments as are typically done. -
3. Upon issuance of the above referenced Tentative Site Plan Review decision,
City will also accept and iinmediately begin building permit review of building
site improvement and private utility plans for compliance with approved Final
Site and PIP Plaris. . .'
4. City will develop and follow a review schedule with the'intent that building
permits (for building and sitecortstruction both) will be issued upon compliance
by applicant with building permit review cOinments and execution of a Final
Site Plan Review Development Agreement.
5. Upon receipt of said building permits, Applicant or a designee will be able to
COinmence on-site building construction activity.
8. Mutual CoolJeration.
City and Applicant shall endeavor to mutually cooperate with each other in
impiementing the various matters contained herein. The Parties shall have
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imputed to all of their duties, obligations, and acts performed under this
Agreement,.a standard of conduct of good faith and fair dealing.
9. Modification of Al!reement.
This Agreement may only be modified in writing signed by both parties.
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10. . Land Use. .
Nothing in this A~eement shall be c~nstrued as waiving any requirements of the
Springfield Development Code or Springfield Municipal Code which may be
applicable to. the use and development of this Property. Nothing herein shall be
construed as City providing or agreeing to provide approval of any and all
discretionary land use actions or other development application submitted by
Applicant. Applicant is responsible for obtaining, 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 retains sole discretion to determine City's response to such
. remand.
11. Limitations on the Develonment.
No building permit shall be issued prior the approval of Public Improvement
Plans for the sanitary sewer systems, stormwater management systems, and str~et
improvements for the proposed development, without the prior wrjtten approval
of the city engineer. It is expressly understood and agreed that until such time as
the infrastructure agreements described herein as Phase I improvements are
constructed to the satisfaction of the City Engineer, Applicant shall not be
authoriied or entitled to receive a final certificate of occupancy for any
development on the property.
12. Annlicant Lel!al Counsel.
APPLICANT has sought independent legal counsel with respectto all of the
provisions of this agreement and is not relying on any representations by City that
arenot explicitly set forth in this Agreement.
13. . Invaliditv.
If any provision. of this Agreement shall be deemed unenforceable or invalid, such.
enforceability or invalidity shall not affect the enforceability or validity of any
other provision of this Agreement. The validity, meaning, enforceability, and
effect of the Agreement and the rights and liabilities of the parties hereto shall be
determined in accordance with the laws of the State of Oregon:
14. Construction.
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This Agreem~nt shall be governed and construed according 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 in the Circuit Court ofthe State .of Oregon for Lane County. The Circuit
Court of the State of Oregon for Lane County shall have exclusive jurisdiction
over all lawsuits brought by any Party against any other Party with respect to the
subject matter of this. Agreement, and each Party hereby irrevocably consents to
such exclusive jurisdiction and waives any and all objections it might otherwise
have with respect thereto.
15. Notices.
All-notices given under this Agreement shall be in writing and may be delivered
by personal delivery, by overnight courier service, or by deposit in the United
States Mail, postage prepaid, as certified mail, return receipt requested, and .
addressed as follows:
16. Time of Essence.
Time is of the essence in the performance of each provision of this Agreement.
Unless referred to as Business Days, all periods of time shall include Saturdays,
Sundays and Legal Holidays, However, if the last day of any period falls on a
Saturday, Sunday or legal holiday, then the period shall be extended to include 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 of strict performance of any provision of this Agreement
shall not be deemed a waiver of or prejudice a Party's right to require strict
performance of the same or any other provision in the future. A claimed waiver'
must be in writing 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 this
Agreement shall be a .waiver of only that provision. A waiver of a provision in
one instance shall be a waiver only for that instance, unless the waiver explicitly
waives that provision for all instances.
18. Police/Relrulatorv Power Preserved.
Subject to the terms and conditions of this Agreement, by making this agreement
the City is specifically not obligating itself, or any other agency, with respect to
any police power or regulatory actions relating to development or operation of
any improvements to be construCted, including, but not limited to, rezoning,
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variances, environmental clearances or ariy 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 Springfield. APPLICANT is advised that other
requirements may arise from Springfield Utility Board, Willamalane Parks and
Recreation District, Lane Regional Air Protection Agency and Metropolitan
Wastewater Management Commission. APPLICANT is advised to contact these
entities regarding the specific requirements of those entities.
20. SDC's/Other Fees.
It is the intention of this Agreement that thy City fees referenced in Section 2 are
the only fees covered by this Agreement. Nothing herein shall be construed or
interpreted that payment of the fees described in Section 2 satisfies other fees and
. charges of the City of Springfield, including but not limited to building fees, .
Systems Development Charges, and other fees required by the Springfield
Development Code or the Springfield Municipal Code.
21. Contact Persons.
Contact person for the City of Springfield in the implementation of this
Agreement is:
Bill Grile
Development Services Director
City of Springfield
225 Fifth Street
Springfield, 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
By:
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