HomeMy WebLinkAboutAgreement APPLICANT 9/10/1987
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
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THIS DEVELOpr1ENT AGREEMENT, hereinafter "Agref'ment";"is entered into this
I Gr'" day of .~ r , 1987 (the "Effecti ve Date") by ana between the "
CITY OF SPRINGF ELD, hereinafter "City", and HAYDEN CORPORATION, ,dba HILLMAN '
'PROPERTIES NORTHWEST, hereinafter flApplicant", in accordance with Section
31.090, and Section 3.070(3), 3.080(3.), 3.090(3), and 3.100(3).
REC ITALS
WHEREAS, on the /{)-1h day of ("nl-M J,,< 1987, the City approved Site Plan
Application submitted by the A~~ the purpose of allowing:
.the construction
Number 87-05-66~
approval of the
Refi nement PI an.'
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of a shopping center at North Second and Q Streets. Journal
.. See al so 87-05-67, VARIANCE. This agreement 'acknowledges
Development Area.Plan for this sHe as required by the Q Street
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WHEREAS, in considerati'on:. for Site -Plan approval ;.the issuance of a Bui lding
Permit, 'and the issuance: of'an Occupancy Permit, as specified. 'in the Springfield
Development Code Section.3L090, Applicant agrees to comply' with all' the standards of
the' "Springfield Development Code' and Springfield 'Muilicipal Code which may be,
. applicable to this developme"nt' pr.oject,. including 'but not limited. to, the following:
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1.
Full, improvement of ;No~th ,.2nd . Street, todle.nor:th'.property li,ne, excluding
s i dewa 1 ks on the ea st'.s'ide'.' ',"; Fii 11 i mprovementof :the;'fr.ontage. on'.QStreet and the
2nd/3rd Street Co'uplet>:.Dedication of right-of"way ,as" necessa~y to accommodate
'all street improvements. :.,; : '.. "
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2. The Final site plan sha1'1,",include the location of ,the::traffic' S,ignal equipment at
the intersection of' '2ndii3rd Streets and Q Street' in relation to the proposed
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street'improvements along Q Street. ,_ _.
3. A 10 foot setback sidewalk, including a 4 foot pr'anter ,str'ip, on 3rd Street
frontage shall be includec'on the Final Site Plan.
4.
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P'ublic street lights shall be included on the Final Site Plan~
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5. All"'truck loading shall occur on private property ,in accordance, wi.th Section
31.20b. ,.
6.
All . parking
wheel stops.
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spaces' which abut landscaping orbui ldings shall' be.prov.ided wit'h
This shall be included on the Final, Site:Plan.
7. The west dri veway on Q Street sha 11 be wi dened to 20 'feet and ; nc I uded on the
Final Site Plan. All trees adjacent to this driveway shalT have a. vertical
clearance of 13 '6" or shall be setback an adequate dfs't,ance to allow unobstru,cted
access for fire apparatus.
8. An irrigation and planting plan, listing the common and botanical names oLall
pla"nts ,and trees, shall b~ included on the Final Site Plan. - -'-
9. 'Screen.ing in accordance with Section 31.160 shall be included on the Final Site
Plan.
Site 'Plan -Development Agreement.
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WHEREAS, in consideration for Site Plan approval, the issuance 'of a Building.
Permit, and the issuance. of an Occupancy Permit, as specified in the Springfield
Developmen't Code Section 31.090, Appricant agrees, to comply with the ,following
speci ficcorditions imposed by the City.as part of, the Site Plan approval:
1. Additional right-of-way shall ,be dedicated at the east driveway on Q Street to
allow for ,adequate drainage.' The area to be dedicated shall be determined by
the City Engineer;
2. Additional right-of-way shall be. dedicated',at the south driveway on 3rd Street'
to allow for signalization of the intersection. The area to be ~edicated shall
be determined by the City Engineer.
3. The Applicant shall coo'rdinatewith the Ore,gon State Highway,Division and other
agencies as necessary to ensure the completion, .of'the pUblic improvements listed
below. The City and State may extend the date of completi,on for good cause.
Such extension shall not reqUire'a corresponding,delay in th~bccupancy date of
the shoppi ng center. The .cost of these improvements sha'lY'ile''the" 'ob Hgat i on, of
the Applicant,. Stat'e and City as,described in Exhibit "A" at~a',che.d'hereto.
-Widening of the Eugene-Springfield Highway off-ramp at .0, Stref't to two lanes '
and construction of a traff.ic signal at t~.is" intersection,;, ,,:
., -Re-striping and signal modifications to provide a throug'h'mov"ement for the west
,,' "(southbound) lane of 2nd Street Couplet at Q Street. ":..;:.."''''.,..,~o "
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-Construction ofa traffic signal at the Jntersection of ,the'drjve way;crossing
of 2nd/3rd Couplet. . ' ".", , '
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-Interconnection/coordination'of the existing traffic sig'nals,"on,2nd/3rd Couplet
at Q Street and at Eugene-Springfield Highway with the two'n'ew' traffic signals
being built as part ~f this develo~ment. '
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A 7 foot Pub 1 i c Utili ty Easement sha 1.1 be granted along the west, south and east .
property lines.
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Relocation
Di st ri cto
i ncl uded on
of the existing bus stop shall be coordinated with the Lane Transit
If .the bus stop rema.ins on this property its new location shall be
the Final Site Plan.
6. 'The Applicant shall Obtain,an Indirect Source Permit from the Lane Regional Air
Pollution Authority prior to construction of the ~arking lot. ,
7. The App 1 i cant sha 11 be respons i bl efor a 11 costs associ ated with the remova 1 and
replacement of on-street striping.
8. The Applicant shall, be responSible for all costs associated wit~ the relocation
of street lights' and poles along Q Street.'
9. No poles shall be located in the island on Q Street.
10.
'The street. trees
col~mnar shape to
at the north driveway on 3rd Street shall be a
prevent obstruction to trucks making this approach.
Site Plan Development Agreement
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11. The Applicant shall submit writt~n verification of State ,approval for proposed
landscaping in the 2nd/3rd Street median.' This documentation ,shall be included
with the Final Site Plan; .'
The, City shall coordinate the maintenance of this median strip with Willamalane
Park and Recreation District, and the Department of Puhlic Works.
The irrigation system to be installed in the median shall be approved' by the
City' Engineer.'
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING' RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
AGREEMENT
1. FINAL
accordance 'with
this Agreeme~t.
SITE PLAN,,'~,The applicant agrees to submit a Final Site Plan in
Section~3.-h08'6'of the :Springfield Development Code ,concurrently with
2. STANDARDS. The."applicant agrees to fulfill all applicable standardS
specified in the Springfie,ld 'Development Code and, t'he specific standards listed in
RECITALS' prior to occupanty'" 'unless certai,n standards"have been:deferred to a later,
date in accordance wi th Sect ion, 31. 110 of the Spri ngf~,~l qDe~el:?~~.en.t "Code.
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,3. CONDI nONS:' _.. -Th~:":App ii cant, iigr~es tofw].fi.ly,'a\l,,'spei:H-i c,condit ions of
approval reQui red by the' City'listed in RECITALS p'r'i'ci'rto'occupancy, unless certain
conditions have been' deferred ,to, a'later, date in a'ccordancf' ,with Section '31.110 of
, the Spri ngfi e 1 d Deve l.opment::'''Coc{e. ',' , ,c,"':""'"
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4. MODIFICATIONS;" ':"The applicant agrees not tomodify,the approved Final Site
Plan without fi,rst notifying the City. Modifications to~the"Final Site Plan shall be
reviewed in accordance with Section 31.100 of the Springfield Development Code.
5. MAINTAINING THE USE.' The applicant agrees to the"fon'owing:
(a) The building ~nd site shall
prov.i si ons of the Spri ngfi e 1 d Deve lop'ment Code
be' maintained in accordance with the
in order to continue the use.
(b) It shall be the continuing' obligation of the property owner to
maintain, the planting required by Section 31.140 of the Springfield' Development Code
in, an attractive manner free of weeds and other invading 'vegetatton. !n ilddition,
plaritings in the vision clearance area shall be trimmed to meet thf' ,'2 1/2 foot height
standard in accordance with Section 32.070 of the' Sprt'ngfield 'Development' Code. '
,(c) "Parking, lots sha,ll be mai'ntained, by the property owner or tenant in a
condition free of litter or dust, and deter.,iorated pavement conditions shall be
improved to maintain conformance with these standards.
(d) Undeveloped land within the development area shall be maintained free
of trash and stored materials;'n a mowed and attractive manner. Undeveloped land
shall not be used 'for parking.
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Site Pl an Dev,e 1 opment Agreement ,.
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6. In
(including
ordinances)
withholding
,'addition to all other, remedies which may be, provided by law or equity
but not limited to penalties provided by. applicable state, ,law or city
Applicant agrees' that City may enforce Applicant,'s responsibi1itiesby
or terminating Applicant's Occupancy Permit. '
7. Any Final Site Plan approved becomes null,and void, if construc~ion does not
commence within one year ,of the date of this Agreement.
8. The City agrees to refund or credit to the Applicant Systems Development,
'Charges in the amount specifi ed in "Exhi bit B" attached hereto. '
IN,WITNESS WHEREOF, the Applicant and 'the City have executed this A~reement ,as of the
date fi rst herei,nabove written.
q,/fj In
lJate
HILLMAN c
BY:
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'Peter, Van Dyke
Senior Vice President'
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STATE OF OREGON, County of (/Ilu.LrAlot>1I1H
SebT"e-mber .fi ,,198L~ Persona Ily appeared the above named' .'::'-
'" ""'''1:..~,~~ V....I:::>'t.h:~ ' ,who acknowledged the foregoing':'iiist'r'umenf. to ,-
:,,,,;"~"_be'&~~~,, lioluntary,act. Before me:() , ~ '
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CITY
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BY: , .VV\d.l '
, lJe e r lit Code Adm1 ni str.ator
SJATE ,OF ..llREGON,'County of ~", ',; -
~ l!' ", ,,1982.. Personally appeared the above named
'AIfJ"'-r. "" , i' Q , , who acknowledged the foregoing ,i nstrument to
b{..Jihei r voluntary act. .. )3efore me:
(:fr~,.orr S./"fc-rr ~E~"'
Notary' Pub t:1cfor Oregon
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My Commission expires r
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Si te PI an' De"velopment Ag~eement
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SiP'RING;;:'!ELD
CITY OF SPRINGFIELD
Office or Community & Economic Development
Planning ~nd Development Depanme~t,
July 17, 1987,
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Peter Van Dyke
Senior Vice President
Hillman Properties Northwest
900 North Tomahawk Island Drive
Portland, Oregon 97217_-7999'
Subject:
SYSTEr~ DEVELOPMENT CHARGE CREDIT FOR PROPOSED DEVELOPMENT AT 3RDAND
'Q' STREETS ",.,:.",.", '"'
Dear Mr. Van Dyke:
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As requested by Howard:Pageof you~ office, this letter. is ,confirmation of our
agreement to credit. your "company with 72% of the System 'Development,'Charge
revenue co 11 ectedi n order '"to' offset a' portion of your.~;additi ona 1 expenses in
providing, public san;.tary,"'storm;."streel;, ,and signal .improvements....in' the are'a
adjacent to your pl"oposeddevelopment. For a, deve 1 op'ITient;-w,ith"a , fgur .mi.ll i on
dollar permit'value, this would amount' to a payment o'f:$16:~8'00"instead of the
normally required payment of $60,OOO--a $43,200 credit. You, are' still responsible
for all other permit ,conditions. and associated fees. ..;,
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Please advise if you have any questions or additional assurances.
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Sincerely,
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. Michael' A. KellY, Director (/://~ '
Office of Community and Economlc Development
cc: Greg Winterowd
Dan Brown
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MAK/cc
EXHIBIT .B~ ,
Initial
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225 North 5th Street .Sp~~gfie1d, Ore2on 97477 0 503/726-3753
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NEIL.: GOLDSCHMIDT
GOVERNOR
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Department of Tra,nsportation
TRANSPORTATION BUILDING, SALEM, OREGON 97310
November 10, '1987
~n Reply, Refer To
File No.: .
City of Springfield
City Ha 11
Springfield, OR 97477
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Hillman Properties Northwest
900 N. Tomahawk Island Drive
, p/and, OR 97217. '
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AGR
Attention: Ann Pflug"
City Recorder
Attention: Howard Page
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Attached for your records is, a fully executed copyo"f
an agreement for improvements to the intersection' of
Route 126 off-ramp and "Q", Street. " ---,
We have retained a fu11'y executed copy of thi s agree~'
ment for the Transportation Commission's files" " ..
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Fran Neavol1
COMMISSION SERVICES'
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APPROVED: OSHD STAFF
EDM:bkb/me
, 9-15-87
Misc. Contracts & Agreements
No. 9196
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COOPERATIVE IMPROVEMENT AGREEMENT
PREL1M1NARY ENGINEERING AND CONSTRUCTION FINANCE
THIS AGREEMENT is made and entered into by and between:'the State of Oregon,
" ',acting by and through its Department of Transportation, Highway Division, 'here-
inafter referred,to as "State"; City of Springfield, a muniC',ipal corporation of
the State of Oregon, c;cting by, and through ,itsgov!!rning boily, the City Council,
hereinafter referred to as "City", and Hayden Corporation, dba Hillman '
Prop'erties ,Northwest, a corporation authorized to transact business in the State
of Oregon; acti!lg by and, through its corporate officers, hereinafter referred to,
as "Company".. '
W I 'T ,N E SSE T H
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RECITALS,
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__", l.~,_ The off-ramp to \'Q"- StreetJrom,Jhe Iugene-Spri ng,fi e 1 d Highway (Route
No. 126-) is 'a part of the state'h'i'ghway.-system under the jurisdiction and
control of the Oregon Transportation Commission, and "Q" Street isa part of. the
City.., road, ,system ul)der thejurisdiction."and' control of the, City of Springfield.
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2;-, For' the purpose of providtng an acceptable traffkcirculation pattern
on pub,lic highways and roads inthe vicinity of a commercial development on
property owned or controlled by Hillman Properties, the State, the City, and the
Company plan and propose to install 'traffic control signal equipment at the
inters~ction of the Route 126 off-ramp and "Q", Street, perform work necessary to
interconnect this'signal with the traffic signals on 2nd and 3rd Streets and "Q"
Street. They also propose 'to widen the off-ramp to two lanes, a distance of 240
'feet back from the intersection an~ provide the ne~essarytaper.
The project will be financed by State and Company-with Company's share to
, be no more than either two~thi.rds of the total project cost or $100,000" ,
whichever is the,lesser. 'If the lowest acceptable bid is greater 'than $150,000
State and Company will have the option of either rejecting the bids and
renegotiating another 'agreement or negotiating' a method of sharing project cost
exceeding $150,000.
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3. By the authority granted in ORS 387.850, State is authorized to
determine ,the character, or type of traffic control signals to be used, and to
place or erect them upon State highways at places where State deems' necessary
for the,safe and expeditious control of traffic. No traffic control signals
shall be erected or maintained upon any State highway by any 'authority other
than ~tate,except with its written approval.
4. By the authority grantedi n ORS 366.425, as amended by Chapter, 365,
Oregon Laws, 1979, State 'may accept deposits of money or an irrevocable letter
of credit from any'person, firm, or corporation for the performance of work on
any publ ic'highway.within-th'i(Stai:~:' When-anY'moneydt a'letter ,is deposited,
the State shall proceed with the project. Money so deposited shall' be disbursed
for the purpose ,for which ,it,was"deposited.
5. ,By the authority grantf!d in ORS 366.770 and 366.775, th~ State may
enter into cooperative agreements with the counties and c'ities for the
performance of work on certain types of improvement' projects. with the allocation
of costs, on, terms and conditions mutually agreeable to .the",contracting parties.
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NOW, ,.THEREFORE, the premi ses being i ngenera 1 as sta ted.in the foregoi ng
RECITALS, it is agreed by and between the parties hereto as :follows:'
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STATE OBLIGATIONS
1. State shall, as a project expense, conduct.the,.n'ecessary field survey,
and traffic investigations, identify and obtain or is'su'e,th~ 'required permits"
arrange';for relocat.ion or adjustment of any confli'cting'util'ity facilities,
pe'rform all preliminary engineering and ,design work required' to' produce plans,
specHicatjons, and cost estimates for the off~ramp .at t'Q;'.~tre,et signal portiol
of the project, advertise for bid proposa'ls, 'award an contracts, and, furnish
all construction engineering, material testing, technicai.' lnspection, and
project, manager services for administration of 'contract.'. ,.' , "
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CITY OBLIGATIONS
1. City shall, upon request by State and without cost to State, relocate
or reconstruct, ,or cause to be relocated or 'reconstructed, all privately or
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publicly-owned utility conduits, lines, poles, mains,. pipes, and all other such
facilities of every kind and nature, where such utilities or facilities are
located within the right-of~way of any presently existing City street where such
re1ocation'or rec'onstruction is necessary in order to conform the util ities or
facil ities' to the plans for the project. ,City may request State to arrange the
said relocation, acting on behalf of 'the City., Any utility relocation costs for
which the utility agencies themselves are not obligated will be the obligation',
of the CompanY~ ' '
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2. City shall maintain the asphaltic concrete pavement surrounding the
v'ehic1e detector' loops installed in "Q" Street in such a manner as to provide
adeq~:ate protection"'for 5u'th detector' loops~" ",' ' ' " , ' '
3. City shall, upon completion of the project and in accordance with the
1984 Policy Statement for Cooperative Traffic Control Projects, accept all re-
sponsibility for and pay all costs of electrical energy consumed in operation of
the of.f-ramp, at "Q" Street signal.
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4; , City shall adopt a resolution author.izing its designated City
Officials to enter into and execute this agreement, and the same shall be
attached hereto and become a part hereof.
5. City hereby grants State the ,right to enter upon and occupy City
street.. r'i ght-of-way for i nsta 11 a,t,ion 'and ma i ntenance of the tra ffi c signa 1
, equipment.' ".-- ':.. ",>..._,"-'..' '",
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6. City shall coordinate w'i,th:'Company in" arranging for required project
payments, 'including any advance payments. City shall not incur any 'financial
obl igation,",outside of normal administr:ative costs, as a result of this
coordinating activity. '
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COMPANY OBLIGATIONS
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,1; Company shall" prior'to advertising for bid proposalS, forward to the
State an advance deposi,t orirrevocable'letter of credit in the amount of
$100,000. 'The advance'deposit amount is equal to the estimated non-State share
of project costs. NQ contract shall be awarded or work commence until such
advance deposit has been received by State.
TheCompany'has agreed to pay two-thirds of the total project cost not to
exceed $100,000. Upon completion of the project, if the total actua1,costs are
less than $150,000, State will return to ,Company any amount ,of Company's advance
$100,000 deposit that exceed two-thirds of the tota'l actual cost. ' If the actual
costs exceed $150,000, Company's obligations will be determined based on
negotiations as covered in item 2 of the Recitals.
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,MUTUAL OBU GAT! ONS
,., '1; State;' City; and Company agree and understand that a mutual review of
the plans and estimates will be conducted prior to advertisement' for
construction' bid proposals. '
2. 'State, City, and Company agree to the following conditions:
a. 2nd and 3rd Streets at 'nQ", Street.
'(1) State'to design signal revision.
',":',,: :f n('~':'(2) !:State-tocontinue to provide and pay for maintenance.'
?"U", "U n.,',' '(3r' City to provide andpa'y for power. Cancel existing
agreement with Lane County contingent on City takeover
of 2nd 'and, 3rd Street north of "Q" Street.' '
b. Eugene-Springfield Highway eastbound ramps at 2nd & 3rd Streets.
(1) 'No change anticipated for existing s'j'gnal.'
(2) State to continue to~provide and pay ,for 'maintenance.
(3) State to continue to provide and pay forpo~,er. ' "
c. ,Shopping Center acces~ at 2nd & 3rd Streets jnorth of ,"Q" Street)
(2)
(3)
(4)
Signal design by consultant ..., .l:!.ClU,iPIIJ,E!I)Y!ln9"operation must b' "'.::;.~'.
,compatible with State signals on 2nd and 3rd, Streets at "Q"', .,.,
Street ,and at eastbound ramps. '., ~,""':'''- ' ,.":...:',
State to provide maintenance and ,bill ,City annually.
City to pay for maintenance (contingent on City takeover of
2nd & 3rd Streets). ". ,:..C, ,
City to provide and pay for power (contingent on City
takevoer of 2nd and 3rd Streets) ~ ' ' ,
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d. Interconnect all sign~ls previously mentioned. Conduit from the
Shopping Center access at 2nd and 3rd Streets signal to 2nd and
3rd Streets at "Q" Street signal may be designed by the
consultant. All- other' interconnect to be designed by the State.
e. Implementation of the above stated mutual obligations shall
proceed in a timely manner so that completion of said obligations
occurs on or before the scheduled April I, 1988 Qpening of the
shopping center'development, or as soon, thereafter, as mutually
'agreed between City, State, and Company.
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'-,-'IN WITNESS WHEREOF, the 'parties hereto have set their hands and affixed
their seals as of the day:and year h~reinafter written. '
'Tne, Oregon~Transportation Commission, by a duly adopted,delegation order,
authorized its Chairman or Vice Chairman .to 'act in its behalf in approving this
agreement. Approval was given for this agreement on behalf of tlie Commission.
-STATE OF OREGON, by and through its '
Department of Transportation
, ::' ,<Hi9hWaYDiViSi n '/-'
By, ___ _ ~ . "
Sta'te HighwaX Engineer
Date //~47 ' "
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',CIT~Y.~,F E 0 by an, d through its
Mayo a Ciry;,t nc i1 "
~'BY' - L)' ~
":;;BY ll~//;l!) /!;t/lfjIA~~ '
'p, - ,Cny Recorder p.;Pt~ '
,~;~~~;p,it~': . J1f.~/ 17
" 'H EN CORPORATION, dba HI~OPERITES
: ,_.. ,: NORIHW I, by and thr(9n iVofporate
_~_',~~:-B/ce~~ _y' , '
'Title '>:\1.,'-.\r<." ~~s_
Date ~ 1"1..'2- h'7
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APPROVAL ~ECOMMENDED
By :,,_j~ CZ",
-For ,Region Engineer')','
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APPROVED AS TO
LEG UFFICIENCY
~d~
Attorney Gene~al
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REVIEWED 11 A!~Pf10VED
^\TO FORM ., '
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DATE:l\ c., ("., \ '1\\
dmCE OF,CITYATTORNEY ,
',CiTY OF SPRINGFIELD
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RESOLUTION NO.
87-45
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A RESOLUTION OF THE CITY OF SPRINGFIELD COMMON COUNCIL AUTHORIZING THE
EXECUTION OF COOPERATIVE IMPROVEMENT AGREEMENT No. 9196 WITH THE OREGON.
DEPARTMENT OF TRANSPORTATION AND HAYDEN CORPORATION, dba HILLMAN PROPERTIES
NORTHWEST, CONCERNING PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE OF THE
EUGENE-SPRINGFIELD HIGHWAY AT 'Q' STREET PROJECT IN SPRINGFIELD. ,
WHEREAS', the Oregon Department of Transportation 'and Hillman Properties
Northwest have scheduled, the, Eugene-Springfield Highway ,at 'Q' Street Project
in Springfield :for cori'struction, and, ' '
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WHEREAS, the City Cou'ncilconcurs Wlfti'fhe Oregon'Departmental
Transportation and Hillman Properties Northwest proposal to construct said
project, and,
WHEREAS, City; State and Hillman Properties Northwest obligations related
to this, project are specifi edi n Cooperative Improvement"Agree"ment No. 9196,
dated September 15, 1987, a copy of whi ch is attached a'i1c(" ,is made ,a, part of
this,Resolution, '
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NOW, THEREFORE, BE IT RESOLVED that. the Common:Council'of ,the .City of
Springfi e 1 d hereby, authori zes the execut i on of ' the Cooper)tive Improvement'
Agreement No, 9196 concerning preliminary engineering and,~onstruction,finance
of the Eugene-Spri ngfi e 1 d Hi ghway at ' Q' Street. P1:i:iJect;:~:':~"<,,: '
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Adopted by the Common Council 'of the C'
of. October" 1987.
the' 19th day
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()ayor ,,'
ATTEST:
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, "," ~a Jlt/L~
.. Deputy Clty Recoraer: ' ,
City of S ~rinofic!d. CreQon
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DATE: ()C,.'\ f:,..' \ 'f'\"\
,OFFICE OF CITY ATTORNEY
, CITY Of' SPRINGFIELD '
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Attachment 3
SITE PLAN REVIEW DEVELOPf1ENT AGREEMENT
, THIS DEVELOPt1ENTAGREEMENT, hereinafter "Agref'ment", ,is en,tered into this
/G{ff'I day of ,S~f.rrJ..,Jr ,1987 (the "Effective Date") by and between the,
CITY OF SPR INGF ELD, herei nafter "City".. and HA YDEN CORPORATION, dba HILLr1AN
PROPERTIES NORTHWEST, hereinafter "Applicant", in acr.ordance with 'Section
31.090, and Section 3~070(3); 3.080(3), 3.090(3), and 3.100(3).
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REC ITALS
, WHEREAS, on the f{)-1h day of (",.J;M h,''''-' 1987~ the City aoprbved 'Site Plan
Application ,submitted by the A~~ the purpose of allowing:
the con.strUCtiO~f a Shopping center at North Second, and' Q, Str;eets. Journal
,Number '87~05-66~.-l See' ,also' 87~D5-67, VARIANCE. . Th1s agref'mf'nt, acknowledges
approval-oF Lne- Deve I opmentArea Plan for thi s ;s ite as reQui red by the Q Strp.et
Refine~ent ,Plan.
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WHEREAS, ,in consideration "for' Site Plan a"ppro,val; thf' iss,uance of a Building
Permi t, and '..' the, issuance of' an Occupancy Permi t, as specifi ed"i'n the Spri ngfi e 1 d
,Development Code Section 31.090, Applicant agrees to comply with all "the standardS of
the Spri ngfi e'l d Deve I opment ,Code arid ,"Spri ngffe 1 d Muni ci pa I ,COde whi ch may be
, applicab1.eto this development project:, ,i'nclUding but not limited ,to, the following:
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1. fulJ: ..f~Drovement . of North ,2nd;", :StceP.t', ,to :,the north oroperty 1 i np., excl udi ng
sidewalks 'on the east side.' Full improvement of the frontage on Q Street and thp.
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2nifl3rCt" Street Coup let. ,Dedi cati on"of' ri ght~of "-way' as necessa ry to accommodate
a 11 street improvements. " , '" ' , '
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,2. The ~iriil~~ite'plai shall inclu~e the.location of the traffi~ signal equipment at
the interseCtlonof. ,2nd13rd Street5 and Q,Strep.t,in relation'to the proposed
street improVemp.nt5 a I on g Q St reet. ::; .~,
3. A 10 foot setback sidewalk, ,including a 4 foot plant'er st'rip, on 3rd Street'
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frontage5hall be included on the.l'ina,l..Site' Plan. <
4. Public. street light5 shal'l be included on the-F,inal Site Plan.
5. All truck loading shall' occ'ur on private property in accordance with Section
31. 200.
6.
All parking
wheel stops;
spaces ,Which ab'ut 'land5caping Or 'buildings Sl)all be provided ,with
Thi5 shall be included on the Final Site Plan.
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7. The we5t driveway; on, Q Street 5hall be widened to 20 feet and included on the
Final Site Plan. All trees adjacent to this driveway shall have a vertical
clearance of 13'6" Or shall be,5p.tback an adequate distance to allow unob5tructed
access for fire apparatu~;;
8. An irrigation and planting ,plan.. li5ting the common and botan'ical names of all
plant5 and trf'f'S, 5hall ,be 'included' on the Flnal Site Plan.
9. Scrf'ening in, acc,Ordance with Section 31.160 sha11'be'includedon thp"F;nal Site
. Plan.
Si te:~Pl an Development Agreemp.nt
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Attachment 3
WHEREAS, in consideration for Site Plan approval, the issuance of a Buildinl
Permit, and the issuance of an Occupancy Permit, as specified in the' Springfield.
Development Code Section 31.090, Applicant agrees to comply wi'th the fol1nwing
speci fic conditions imposed by the City as" part of the Site Plan' approval: I,
1. Additional right-of-way shall be d!!dicated at the east driveway on Q ,Street to
allow for adeQuate arainage. The area to be dedicated shall be determined by
th'e City Engineer. ' 1
Additional right-of-wa-y shalt be dedicated 'at the soutn d~iVeWay on 3rd Str'ee~
to ,allow for signalization of'the intersection. The area to ,be dedicated shall
be determined by the City Engineer.
2.
3., The App"iicaritshall coordinate with the Orego'n ,State Hignway Divisionand othe~
agencies as necessary to ensure the completion of the pUblic improvf'ments listed
bf' low.;,'. ,'The City and State may extend thedatf'.. of comp let' on for good cause i
Such':cextens i on sha 11 not reQui re' a, corresoondi ng de 1 ay in 'the occupancy date oi
the~"',shoPDi ng center. The cost of these improvements sha 1.1 be the obI i gat i on of
the"Alli:i'r.,icant, ,Stat'e 'and City as described in Exhibit "AU atta!=hed hereto.
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-Wideni ng, of the
"'and"c6n'stru'ct i on of
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Eugene-Springfield Highway off-ramp at Q Stref't to two lanes
a traffi c"stg'nli-l"at thi':i in'tersecti on.
c, ,',.-Re ~ stri pi n 9
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and si gna I modifi cati6ns'-to 'provide a through
lane of 2nd StreetCoup'let atQ'Street.
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movement for the west
-Construction 'of a
of 2ndL3~d Couplet.'
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traffic si'gnal"at the intersection'of the drive way crossing
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2nd/3rd Couplet,
tra ffi c Si,gna 1 S
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Easem~n>s~al:l be granted along tne west, south 'and easr
sha 11 be 'coordi nated wi th tne Lane Trans 1t
on thi S property its new I ocat,i on sha 11 be
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- In'te,;',conne'c,t i on/ coordi nati on, Of,~'th~' ex,i sti' ~g traffi csi gna 1 s on
at Q Street and at Eugene-Spr'fn~if:ieTa Highway, with 'the two new
being built as part of this development.
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A 7 foot' PUbiic',UtHity
property, 1 i nes. '
5.
Re'l ocat i o'n
Di stri ct.
'included on
the e~isting bus stop
the bus stop remains
Final ,Site Plan.
of
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the
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The App I i cant sha llohta in, an Indi rect Source Permit from the Lane Reg i ona 1 Ai r
Po 11 ut i on Authority pri or ,to construction of the parki ng lot.
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The 'Applicant shall be responSible for all costs associqted with the removal and
rf'placement of on~street strip,ng.
8.
The Applicant shall be responsible for all costs associated with the relocatior
of street lights and poles along Q Street.
No poles shall be located in the island on 0 Street.,
9.
10. ThP. street' trees, at the north 'dri veway on 3rd Street sha 11 be a speci es 0'
columnar sha'pe to prevent obstruction to 'trucKS making this appr'oach.
Site Plan Development Agreement
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Atta~hment 3
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The Applicant shall submit writtp.n ,verification of Statp. approval for proposed
landscaping in the 2nd/3rd Strp.et median.. Thi~ docpmentation ~hall be included
with the Final Site Plan,
The City shall coordinatp. the maintenance of this median strio with IJillamalane
Park and Recreation District and the Departmp.nt 'of Puhlic Works.
The irrigation system to be installed in t,he median shall be approved by the
City Engi neer.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS'WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEt1ENT, CITY AND, APPLICANT AGREE AS FOLLOHS:
AGREEt1ENT
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accOrda~cp." with
'thi s Agreement..'
SITE PLAN. The applicant agrl'es to submit a Final Site Plan i'n
Section 31.080 of-the Springfleld Developmenr. Code concurrently with
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2. :, STANDARDS. The' applicant' agrees to fulfill all applicable standardS
specifi,ed" in' 'the Springfield Devel,opmf-n): Code and the specifiC standards listed in
REC ITALS, pri or to occupancy, un 1 ess ~.erta i n,standards have been, deferred to a later
da~.e"..!,n~'~,~s.9r:9~i'Fe wi ih Secti on,)1..l)9:,9~f~,;tQeSpri ry,gf.iel d.. Deve I opment COdp..
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3:"'CONDI-TlONS. The Applicant,',agrp.p.s to"fulfill all specific conditions of
appro,va 1 , ~eQui red by the Ci ty 1 i stp.d" i n,REC ITALS pri or to occupancy,' un'l ess cp.r1:a in
condlt:i ons have, bp.p.n deferred to..a,Jat~'';' date in accordancf' with Secti on 31.110 of
the'Spri'ng~i'e'ld 'Dp.velopment Code~ ''''',~' :~::,; ," ..
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4. MODIFICATIONS. The applicant':agrees not to modify thf" approved Final' Site
Pl an without: fi rst nntifyi ng the City. Modifi cations to the Fi na 1 Site Pl an sha 11 be
reviewe"d in,accordance wlth Section 31.100,01: the Spnngfield Development Code.
5. MAINTAINING THE USE. The applicant agrees to the fOl,lowing:
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(a) The building' and site' shall be maint~ined in. accordancf' with the
provisioni of the Springfi~ld Devp.lopment Code in order to contfnue the use.
(b) It shall he the continuing obligation o,f th~' properr.y owner to
maintain the planting rp.quirf'd by Section 31.140 of, the Springfield Development COde
in an attractive manner frf'e of weeds and other invading vegetation. In' additi'on,
plantings in the vision clp.arancf' area' Shall be trimmed ,to mf'et, the 2 1/2 foot height
stand~rd in accorda~ce with Section 32.070 of thp. Springfield Deve)opmf'nt Code.
(c) Parking lots shall be maintalned by the property owner or'tenant in a
condltion free of l1tter or dust, and Aeteriorated pavement condition~ shall be
lmproved to maintain confo'rmance with thp.se standards.
of trash
sha 11 not
(d) Undevp.loped land within the developmp.nt area shall Oe maintained free
and st:orp.d materi a 1 s' in a mowed aM attract i ve manner,,: Undevf' loped 1 and
be used for parking.
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Si iePl an Oeve lopment Agreemf'nt
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Attachment 3
6. In add,ition to all other, remedie,s whi'ch may be'provided. by law or equity
(including but not limited to penalties provided by applicable state law or C1ty
ordinances)' Applicant' agrees that City may enforce Applicant's responS,ibi1it1es by
withholding or t'erminating, Appli"cant's Occupancy Permit. '
7. Any Final: Site Plan approv,ed becomes null and void if, construction does not,
commence within one year of the date of this Agreement.
8. The Ci ty agrees to refundo'r credi t to the App 1 i cant Systems Development
Charges in the amount specified in "Exhibit B" att~ched hereto.
IN WITNESS WHEREOF, the App 1 i cant and the, City ha ve executed t,hi s AgreemE'nt as of the
date fi rst' hereinabove written.
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0, '*!'~,:H:A:'Y"l~, "CORPOliA~, TlnN,f,.dba HILLMAN
BY: "\ ~~TIES r~T .' ,
Peter Van Dyke "
ITS: Senior Vice President
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STATE OF OREGON, County of' fJ1u.Lr}jofY/AH.
" ',"'" S e..p7'~ b e" ..?"..'--c;""1-98q;;;"~,,..:, Persona j,lyappea red the above nampd
....~," ..,....,. -;:P~T~~ V...,., DulC<" "___""",,,,CO,;' ,.."...who acknowl,edged the foregoi ng' instrument to
.'" ,be <J1;'s,voluntary ~~tf,:,Bef~~~ me:Q~,/~~
--' "' , Notary Pub I 1 C tor Uregon
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'My Commission exp1res
7/7-9/'16,:
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CITY
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Ue 'e'er nt CodeAdmln1s~rator,
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SJATE ,OF -OREGON, County of ~,
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o~~~;~~r:s: n~:ff-efnre m~ E'~
Notary Pub l:)'c, t,or Oreqon '
REVIEWED & APPROVED
I\S~ FORM,
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DATE: "',~ ~.. \'1''1::.\
OFFICE OF CITY ATTORNEY
ClTYOF SPRINGFIELD
My Commission
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.. Site PI an De:Ve 1 opmp.nt ,Agreemf'nt
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'Attachment 3
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CITY OF SPRINGFIELD
Office of Community & Economic De"eIo~me:1!
July 17, 1987
Peter Van Dyke
Senior Vice President ",' "
Hi llman Properties ,Northwest
90.0 North Tomahawk Island Drive
'Portland, Oregon 97217-7999
,Subjec~: SYSTEM DEVELo.PMENT CHARGE CREOIL Fo.R PROPOSED DEVELo.PMENTAT 3RD AND
,~'~ Q' ;,'STREETS '
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Dear Mr... :Vail' Dyke:'"
As requested by Howard ,Page of 'your office; this, letter, is confirmation of our
agreement 'to credit your company with 72:~'.of the System Development Charge
reve.rue: ~g.1J,e.,c.ted: in order to offs~.t"a:;p.Q~Uon of your additi ona 1 expenses in
providing:'pub1ic"sanitary; storm, street",and signal improv,ements in the area
adjaceilt .to:your'proposed deve lopment. ,c .For a deve 10pment wi th a four 'mi 11 ion
dollar, permit~ value, this would amount.to'a:payment of $16,800 instead of the
norma lly re,quired payment of $60., OOO--a; $J~",2"OO: credit. You are sti 11 res pons i b 1 e
for all ?ther'permit conditions and ass.oci,ated fees.
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'Please advise if 'you' have any questions:'or"additiona1 assurances.
Sincerely,;; y
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Michael A., Kelly, Director .u://~ '
Office of Community and Economlc Development
cc: Greg Winterowd
Dan Brown
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EXHIBIT "B"
Inrtial
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2")<: Norr'h <:('-, S'-Qor
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S ' ' - l' 0 9-4~-
~ pr:Z16!!e..a'~ re~on /. I I a
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503/726-3753
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