Loading...
HomeMy WebLinkAboutCorrespondence PLANNER 7/9/2008 ,. " ;;," - - '--, , "~.0J . rZaAId.coog..:70000~J ~~~J SPRINC!FIELD - '1Y{,~ J::t I 'II-ii' ~i1. -N.. 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~~ . . . ',"7r1.a.h~ ~ 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. ~ ~?r&v-V'~1. :)~~ ~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 , . 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) \ 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 .., 1 , . 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. , (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. 2 , . (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 3 . , 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 4 , ' 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 5 , . 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 6 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. 7 . , . (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 8 "., 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. ~ 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. 9 , . 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, 10 . 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: ::~ 07J!fi'~ 11 rJ.lf.~il~V!ltn 2. p.[)r~n~glLlf\ r~"".,....;,,_, "'~"H. hU\i[;.!lJ AS\TO FOHM ..:...J "''''''' .,>,- ~ L,...A\-\ '/ DATE: 6. \ '2. I D~ OFFICE OF CITy' kTTORNEY .\ \I CL~P,b"'~ - ~,>(\"~1:l\\~'I:> .. . . " ,. .. - , .'~ , ~, ~ r ,': Title: Date: , (JI y1fh~~~ fe., r/]~ . 7J~x. 12 Title: rJrfJ /iL'l/2t~ Date: ~h7tJ!5 , ;-. ,.