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Home My WebLink AboutApplication APPLICANT 3/5/2009 :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Annexation Development Issues Meeting (DIM). 2 Prospective Applicant Name: Randall Hledik Icompany: Wild ish Land Co./Eugene Allen Corp.* IAddress: PO Box 7428/3600 Wildish Lane EU2:eneOOR 97401/08 , I Prospective . Applicant's Rep.: Icompany: IAddress: I I James A. Wild ish, President Property Owner: I Company: Wild ish Land CD. /Eugene Allen CDrp. * IAddress: I I 18-03-02-20 ASSESSOR'S MAP NO:, Ln>_nL>? I Property Address:4851*,4857*,5001 Franklin Blvd, SpringfiHd, OR ISize of Property: 36.86 I I Description of If YDU are filling in this fDrm by hand, please attach YDur propDsal descriptiDn tD this applicatiDn. Proposal: No specific development prDpDsed at this time. . IExistinq Use:FDrmer sand and gravel Dperation - currently primarily vacant City Zoning: LMI I Met~o Desiqnation:Light-Med Indu~ Population: -0- ':~~~rc:~:7e &~ltd Date: 3'~-.ol Same As AbDve Phone: 683-7712 Fax: 683-7722 E-mail:- I Phone: I Fax: I E-mail: rhledik@Wildish.cDm Phone: Fax: E-mail: I 3000*,3100*,3200,3300 TAX LOT NO(S)l<Rnn Acres gjc SCluare Feet 0 I I I Signature 'R.::lnn::ll1 Hl pn;'k niTP....t-nT" r-pn.eu' C;p,..."irpc::. Print ..., Required Project Information . (City Intake St ff: complete this section) Application Fee: $ 5"~ ' 00 Date: .skI r/1 '-, Technical Fee: $0 Case No.: LDn J.ooq - roo(f{ TOTAL FEES: $ 50-I. 00 PROJECT NUMBER: NOTE: Asterisk (*) pertains to Eugene Allen CDrp. Reviewed by: --A. tu/~_ I postaqe Fee: $0 Date Recelvea: pp-.,swof;,oooo I U,",P. c: 1~'J~ Original Submittal 6 of JO 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone ....AINQ~IIU.. _."" """ !~ .. ... ", .. 1&:....... .. y of Springfield Official Receipt Development Services Department Public Works Department RECEIPT #: 2200900000000000228 Date: 03/05/2009 II :29:58AM Paid By WILDlSH SAND & GRA VEL Item Total: Check Number Authorization Received By Batch Number Number How Received Amount Due 521.00 $521.UU Job/Journal Number ZON2009.00008 Description CTY Development Issues Mlg Payments: Type of Payment Check Amount Paid emm 411694 In Person Payment Total: $521.00 $521.00 .. :~ Date Received: MAR 0 5 2009 Original Submittal cReceinll Page I of I 3/5/2009 lWiICDISH! v"'"::' .0_ .:.- Since /935 March 5, 2009 Date Received: Mr. Gregory Molt Planning Manager City of Springfield 225 Fifth Street Springfield, OR 97477 MAR 0 5 2009 Original Submittal Dear Mr. Molt: Subject: Annexation Request DIM Enclosed please find filing materials requesting a Development Issues Meeting (DIM) pertaining to the voluntary annexation-of approximately 37 acres ofland owned by this company and Eugene Allen Corp. (an affiliated company) located at 5001 Franklin Boulevard in the Glenwood neighborhood of Springfield. The area proposed to be annexed is within the City of Springfield's urban growth boundary, and is separated from the city limits only by a public right-of-way (McVay Highway). The proposed annexation is consistent with applicable policies in the Eugene-Springfield Metro Area General Plan (2004 version). In particular it promotes Policy III-B-25: "Pursue an aggressive annexation program and servicing of designated industrial lands in order to have a sufficient supply of 'development ready' land". The property is designated Light Medium Industrial on the plan diagram, and zoned Light Medium Industrial. The proposed annexation is also consistent with applicable policies in the Glenwood Refinement Plan. It is included in Subarea 10, with a small portion in Subarea 9. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services as defined in the Metro Plan can be provided in an orderly, efficient and timely manner, and fiscal impacts to the city have been addressed in the enclosed draft Annexation Agreement. We look forward to meeting and working with you to annex this property to the city. Very truly yours, WU I Land Co, / Randall S. Hledik Director, General Services Encls P.O. Box 7428 Eugene. OR 97401 I 3600 Wildish Lane Eugene, OR 97408 Telephone: 541485-1700 Fax: 541683-7722 wwwwildishr.nm An Equal Opportunity Employer QUESTIONS FROM APPLICANT DEVELOPMENT ISSUES MEETING WiIdish Land Co. / Eugene Allen Corporation Annexation Application March 5, 2009 1. What are the remaining issues for finalizing the draft Annexation Agreement? 2. What other questions/concerns/comments does the City have regarding the annexation ofthis property? Date Received: MAR 0 5 2009 Original Submitta' THIS DOCUMENT IS EXEMPT FROM PUBLIC DISCLOSURE AS AN ATTORNEY CLIENT COMMUNICATION UNDER THE PROVISIONS OF THE OREGON PUBLIC RECORDS LAW ORS 192.660(2) (h), ORS 40.225, ORS 192.502(9) Date Received: ORS 192.660(2) (f), ORS 192.502(1) V 14.4 Clean Draft 2008-09-26(vm) combined with V 14.8 SomewhatCleanWildish JT Draft 2008-10-17 and modified 2008-/2-11 bv RSH MAR 0 5 2009 Original Submittal E. Applicant anticipates that it . r cei.\le 'l.lnificant benefits from annexation ofthe Property, including i . creased CI' services which will allow for increased potential for future development 0 1;" rty. City anticip.J~at it w" recei e significant benefits from annexation.ofthe Property, including~ease' eal p [lerty tax receipts as well as related economic development benefits that e ge \ r ed from the higher and better uses contemplated for the prowrty. ~ !y is)t in the Glenwood Urban Renewal District and the development ofthe pr~p~~~rp fulfill the Goals and Objectives' of the Urban Renewal Plan. he Pro rty is currently designated as "Industrial" on the Metro Plan Diagram Map and in lie nwood Refinement Plan and is zoned "Light Medium Industrial" (LM!) according to the Springfield Zoning Map (collectively "Current Zoning"). AGREEMENT REGARDING ANNEXATION This Ah'feement Regarding Annexation ("Agreement") is made b . - en t e City 0 Springfield, an Oregon municipal corporation ("City") and Wildish Land Co. Corp. ("Applicant") corporations organized under the laws of the S te of Oreg . 2008 ("Effective Date"). A. B. C. D. F. After Recording, Return to: City of Springfield Public Works Department 225 Fifth Strcet Springfield, OR 97477 Attn: Engineering Division Place Bar Code Sticker Here: 'L. The purpose of this Agreement is to memorialize Applicant's and Cityis commitment and mutual agreement to the allocation of financial responsibility for public facilities and services for the Property, sufficient to meet the City's requirements for the provision of key urban services under the Current Zoning. Development maybe on one or more parcels within the 37 acres and such development may involve a variety of ways to finance and sequence the City-required minimum annexationimprovements described herein. G. Annexation of the Property requires findings under Springfield Development Code Section 5.7 - 140 (B, C and D) that the Property can be provided with the minimum ~~I of key urban facilities and services in an orderly and efficient manner, as define the Metro Plan Policy 8a and 8b, p.II-C-4, and such showing be supported by the ubs . al evidence in the record of the annexation proceeding. City has detenninedih tIrfu 'er the erty's Current Zoning classification, the minimum level of key urban s~. 'ces ecessary lly meet City Standards is currently available to the Property, with the \: h n of st TIll water management services and possibly also fire and life ~i '" . A public wastewater system with sufficient capacity to serve ~e0~t:9' s necessary to support a finding that this key urban service is availlll5~to se the PVlrperty. The Property is currently provided wastewater service via an;8~ch Ci e er main located near . the westerly boundary of the Property near the intm~'" ' get Way and McVay Highway, which was constructed in 1999 . a C\~s S" a gra ity sewer main in Nugget Way that flows to a lift station at the co "" er of Nugget . and East 19'h Avenue. A pressure line then extends from the lift st t!2"n withi a 19th A venue, Henderson A venue, and East lih Avenue t~ gravity imi. in ' enwood Boulevard. The public sewer system described in this recital iS1tereinafter re . d to as the "Nugget Way Sewer". Pursuant to an analysis p~rf~y by CH2M-Hill in 2007 and recent City improvements and te ting, the~gget Way Sewer does have sufficient capacity to serve the Property under th ent Zon' g. . . . The Nugget a Sewer". e an t e sewer lift station at 19th Street and Nugget Way is designed ccom" odat peak flow of up to 960 gallons per minute (gpm) from sources' located on tli pe y,\t!s ell as from sources with property frontage along Nugget Way and ewman S. t. De~lopment by Applicant or other parties adjacent to the Nugget W y. astewater S em that causes flows to exceed the 960 gpm maximum peak flow ~R1lClt. in,:~e ~ et Way Wastewater System WOU.Jd require additional wastewater' sewer se y stonn~ater management system with sufficient capacity to serve the Property is ~ to support a finding that this key urban service is available to serve the Property. Additionally, a public stonnwater management system with sufficient capacity to accommodate adjacent roadway stonn water runoff may be necessary to support a finding by City that this key urban service is available to serve the Property. " H. I. J. K. The minimum urban level of fire and life safety services necessary to fully meet City standards may be currently available to the Property. The provision of additional services may be necessary for uses that require improved response times or other fire and life safety services or equipment to ensure City standards are met. Date Received: AGREEMENT REGARDING ANNEXATION- Page 2 of 13 Last printed 2/27/2009 1 :38:00 PM C:\Documents find Scttings\rnndyh\My Docu'ments\Annexation Agreement Clean Copy.doc MAR 0 5 2009 9riginal Submittal M. To provide access and a transportation system for the provision of public access and fire and life safety services to and from the annexed property an interconnected transportation system with the existing and permitted land uses in the vicinity of the Property is also required. N. Portions of the Property are located within the flood plain of the Willamette River, as said flood plain is depicted on the Flood Insurance Rate Maps (FIRMs) issued by the National Flood Insurance Program (NFIP). In addition, said maps depict a portion 0 l(. Property is located within the floodway of the Willamette River. The Applicant has itted to the Federal Emergency Management Agency (FEMA), with City and Lan ou concurrence, a proposed Letter of Map Revision (LOMR) to the cu~ IR potential revisions to the FIRMs in the area of the proposed ann~on.' O. Now, therefore based upon the foregoing Recitals Agreement as if fully set forth below, the City a follows: 1. Oblil!ations of Aoolicant. Co sis 6.,L1t'WJ n bove Recitals and subject to the clear understanding and agreel ent ofthe"Rarties tha all obligations set forth in this Agreement are conditioned upon approva an AnnJa!,jgn Ordinance for the Property, Applicant agrees to perform the "Appl~t Obi. a i "et torth in this Section I. 1.1. Aoolicatio~oonwals re uired. Applicant 'will apply for annexation on or before two years from ~ s\nJl'ig of this Agreement. . 1.2. Ad'Qnal Urb~s. Applicant understands that in this Agreement City makes no , 'Il:e~tions that'other public services from other public agencies mayor may not be adequate. 0 the construction of improvements on the Property, Applicant may be required to vide and be financially responsible for the provision of any additional urban acilities s may be required by other agencies (such as, but not limited to, the Springfield f'{j oard, and Willamalane Parks District) as well as services identified during review and approval of annexation, development applications, and Public Improvement Plans as necessary 'to serve the development of the Property, including the construction and maintenance thereof until acceptance by City. 1.3. Transoortation Planninl!. Applicant may be required to provide and be financially responsible for the costs of any off-site improvements required to demonstrate compliance with OAR 660- I 2-0060, as determined by the City in consultation with the Oregon Department of Transportation. Date Received: AGREEMENT REGARDING ANNEXATION- Page 3 of 13 Last printed 2/27/20091:38:00 PM C:\Documcnts and Scnings\randyh\My Documcnts\Annexation Agreement Clean Copy.doc MAR 0 5 2009 Original Submittal IA. Off-Site Imnrovements. Applicant may be required to provide and be financially responsible for the costs of off-site improvements required to demonstrate compliance with conditions of approval required by the City of Springfield or other public agencies related to land use decisions and public improvements. 1.5. 1.6. Waiver ofRi!2:ht of Remonstrance. Applicant may be required to sign any and all waivers, petitions, consents and all other documents necessary to obtain the public facilities and services described herein as benefiting the Property, under any public impr ent district, local improvement district, reimbursement district, or proceeding of the a of Oregon, Lane County or the City, and Applicant waives any and all rights to r ns~~with respect to any ofthe foregoing. Notwithstanding the foregoing, Iicant does~ive the right to protest the amount or manner of spreading the. asses me t ~€.of, if tiT assessment appears to Applicant to be inequitably apportio ed to the .~. Reimbursement District. If City creates a reimbursement dis : ct . ~l:ct to any improvements constructed by Applicant, Applica re a sits ri hts to reimbursement(s) due it fi-om City, the Springfield Economic De el Agenc €SEDA), or any other applicable govermnent entity. 1.7. ca ses flows to exceed the total Way ewer, Applicant must develop conveyance systems to provide 1.7.1. If capacity of\the Nugget ay Sewer cannot be increased to accommodate additional flo Ii ant s participate in the construction of a new trunk sewer line (" 'nk Se ~e Jjy:paying to City a portion of the estimated cost to construct th nk wer;, e amount shall be proportional to the Applicant's use relative to the d capac y f the Trunk Sewer. . ,~,;,":~~" "fth"'. qUirement,s set forth in this paragraph 1.7, City shall fund the -:':'L~~nd installation, at a location specified by the City Engineer, of an ]a p r d flow meter to monitor wastewater flows in the Nugget Way Sewer. 1.8. S !!!2' . ter. Applicant may be required to provide and be financially responsible for provision of a storm water management system to serve the Property and its related public improvements. 1.8.1. Prior to occupancy approval for any new structure on the Property, and subject to City Engineer approval ofthe requisite public improvement plans, Applicant will construct a stonnwater management system to serve the Property and its related public improvements. Date Received: AGREEMENT REGARDING ANNEXATION~ Page 4 of 13 Last printed 2/2712009 1 :38:00 PM C:\Documenls and Scttings\randyh\My DOCU111cnts\Annexation Agreement Clean Copy. doc MAR 0 5 2009 Original Submittal 1.8.2. Applicant will prepare the studies, plans, pcnnit applications, and other supporting documentation required to obtain the permits and other approvals necessary to construct the storm water management system. 1.8.3. Applicant will develop the Property in accordance with stormwater quality measures to detain, retain, and infiltrate runoff. The standards for storm water quality management shall be those set forth in the City's Engineerin sign Standards and Procedures manual ("Manual"), as said Manually. e amended over time. Particular attention shall be paid to mitigating imIlac frOt ollutants for which Total Maximum Daily Load (TMDL) standards t forth in the al have been, or will be, established by the State of Oregon. 1.9. fier City review and acceptance of the floodplain studies required in Section 1.10, , Applicant may be required to provide a plan to mitigate potential projected impacts of developing the Property on the I OO-year base flood elevations. The mitigation plan shall be required if the analyses show that the cumulative effect of the proposed development of the Property, when combined with all other existing and anticipated development, increases the water surface elevation of the base flood more than one foot at any point within the study area, or causes any increase, regardless of magnitude, for development proposed to be located "C1~t~eceived: AGREEMENT REGARDING ANNEXATION- Page 5 of 13 Last printed 2/27/2009 I :38:00 PM MAR 0 5 2009 C:\Documents and Scttings\randyh\My Documcnts\Anncxation Agreement Clean Copy.doc Original Submittal floodway. The mitigation plan shall provide that App]icant shall implement the mitigation plan as a condition ofdeve]oping the Property. 1.11. Public Transoortation Imorovements. Applicant may be required to provide and be financially responsible for the full cost of the activities and improvements set forth in this section. It is anticipated that the infrastructure improvements described below will occur at the time of site development, provided that if the west side of McVay Highway is proposed for improvement associated with development on the west side of McVay lli~way, or public improvements are otherwise proposed for the west side of the ro~~ ,then the improvements set forth below will be constructed concurrently with I!t.. sid . adway improvements to facilitate the nonna] and ]ogical provision ofurba1ftransportah 'o"~truct"~, md to m'o .d,mo" of o~"m'," ,,"rule md ~d1ioi 0'" ].] 1.1. Frontage improvements shall be constructed on that 0 . ~.~l\exation site abutting McVay Highway from the Property's northe p p . 1nesouthward to the base of the bridge where McVay begi to c ,oss ov the r llroad line. The property will be accessed from no more th tw oints: e at the intersection of McVay Highway and Nugget Way ne e seu rn end of the property as detennined by the City Enginee . uring it de e li\pment. Roadway improvements will be subject to the intersectIOn tro] an ran~ortation infrastructure standards in effect at the time of de elopment. plicant may be required to provide financial security acceptable to the City for I costs associated with the above improvements, prior to or concurrent with Public Improvement Plan appro va] by the City. ].] 1.5. Projects must fully comply with Section 17 of this Agreement concerning current requirements in relation to BOLl regulations,. including the payment of prevailing wage rates. Date Received: AGREEMENT REGARDING ANNEXATION- Page 6 of 13 Last printed 2/27/2009 1 :38:00 PM C:\Documents and Settings\mndyh\My Documents\Annexatioll Agreement Clean Copy.doc. MAR 0 5 2009 Original Submittal 2. Obli2:ations ofCitv. Consistent with the above Recitals, and subject to the clear understanding and agreement of the Parties that all obligations set forth in this Agreement are conditioned upon and subject to the approval of an Annexation Ordinance, including any appcals thcreof, for the Property, City agrees to perfonn the "City Obligations" set forth in this Section 2. 2.1. City will conduct a timely review of the application to annex and if it confonns to the requirements oflaw and this Agreement City will recommend approval to ,City Council. 2.2. 2.3. 2.4. City will take all reasonable a ions nece ary to commence/complete construction of the Trunk Sewer for wa~~ se ice and McVay Highway improvements to urban standards in the futur a . e~d b)(his and other developments in the area at City's discretion 0 en Cit ~ne ~e'Gnty, or other appropriate public agency deems public health a . afet eed e~ or both improvements. -, Ci~ will accept ~rpe I maintenance of all public facilities and infrastructure iniO\: vements co . . plated by this Agreement, subject to the tenns ofthis Agreement, ce s othe i specifically provided in this Agreement. 2.5. City sh II ,. rk cooperatively with SEDA, the City's urban renewal agency ("SEDA"), to foster a d provide support, including financial support, through the adopted Glenwood , enewal Plan for public infrastructure and activities enhancing, the development redevelopment of Glen wood property near and along McVay Highway. 3. Covenants Runnin2: With the Land, The rights, obligations, liabilities, covenants and remedies set forth in this Agreement are necessary for the annexation and development of the Property and as such, upon annexation of the Property, shall be deemed perpetual and shall run with the Property and shall be binding upon the Parties and upon their respective heirs, successors, assigns, and administrators and shall be construed to be a benefit and burden upon the Property. This Agreement shall be recorded, at City's expense, upon its execution in the LaTI~~ceived: . AGREEMENT REGARDING ANNEXA TION- Page 7 of 13 Last printed 2/27/2009 1 :38:00 PM MAR 0 5 2009 C:\DOCUlIlcnts and Scttings\randyh\My Documcnts\Annexation Agreement Clean Copy.doc Original Submittal Deeds and Records. This Agreement may not be assigned by Applicant without the City's prior written approval, which approval shall not be unreasonably withheld and if assigned with City approval, shall benefit any such assigns. Execution of this Agreement is a precondition to the submittal of the annexation application to the City and if the annexation application is approved, this Agreement shall be incorporated by reference therein. 4. Limitations on Develonment. No building pennit shall be issued prior the approval of public improvement plans for applicable wastewater systems, stonnwater management systems, and street improvements for any proposed development, without the prior written ap -x.al of the City Engineer. It is expressly understood and agreed that, until such time as t I frastructure agreements described herein as McVay Highway public transportation impr. em ts are constructed to the satisfaction of the City Engineer, Applicant shall not ~t orize . entitled to receive a final certificate of occupancy for any development on the' F pert 5. 6. 7. 8. 9. Indenendent Leg:al Counsel. Applicant has sought independent legal counsel with respect to review and negotiation of this Agreement and is not relying on any representations by City that are not expressly set forth in this A!,'feement. Date Received: AGREEMENT REGARDING ANNEXATlON- Page 8 of 13 Last printed 2/27/2009 i :38:00 PM C:\DOClIlllcnts and Settings\mndyh\My Documents\Anncxation Agreement Clean Copy.doc MAR 0 5 2009 , .., '~i Original Submittal 10. Dolan. Applicant knows and understands its rights undcr Dolan v. Citv of Tie:ard (512 U.S._114 S. Ct. 2309, 1994) and by entering into this Agreement agrees that the requirements set forth in this Agreement have been negotiated between the Parties, and are fair and reasonable. The Parties agree that, at the date of this agreement, the precise nature and extent of development on the Property is unclear. The Parties desire to provide certainty with respect to the Applicant's obligations under Dolan and consequently have bargained an agreed upon set of impacts to represent that obligation. Therefore, to the greatest extent allowed by law, Applicant hereby agrees that Applicant shall make no claim against the City based on Dolan, as long as the City abides by the provisions of this Ab'Teement that relate to any claim that coul x made under Dolan case law analysis. . Circuit Court of the State of Oregon for Lane Eugene, Oregon. The Circuit Court of the S. II. Invaliditv and Severabilitv. If any provision of this Agreement shall be ~ed uneI or invalid, such enforceability or invalidity shall not affect the enforc~ 'Iity validit other provision of this Agreement. The validity, meaning, enforceabilit e ect of 1e Agrecment and thc rights and liabilities of the parties hereto sh . be detenn' d in accordance with the laws of the State of Oregon. 12. Construction & Jurisdiction. This Agrcement shall be laws ofthe State of Oregon, without regard to its ch9'c IS. Waiver. Waiverby any Party of strict pcrformance of any provision of this Agreement shall not be deemed a waiver of or prejudice a Party's right to require strict perfonnance 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 the City Manager or his designee may execute waivers on[9BWf~eived: AGREEMENT REGARDING ANNEXA TION- Page 9 of I3 Last printed 2/27/2009 1 :38:00 PM C:\Documcnts and Scttings\randyh\My Documcnts\Anncxation Agreement Clean Copy.doc MAR 0 5 2009 Original Submiltpl 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. 16. Police/Relmlatorv 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, variances, environmental clearances or any other governmental approvals which are or m~equired. 17. BOLl Reauirements/Prevailing Wages. Applicant acknowledges that certai~ or all of the infrastructure projects described herein may be deemed a "public wo s projec . thin the meaning ofORS 297C.SOO (6) (a) (C). In the 'event a project constru~ by ttw Applic s deemed to constitute a public works project Applicant hereby agrees to re ir~s a cO! aition of any contract for construction, that the specifications for such co tract contai all of the provisions required by law for a public works contract including 11. t limit 17.1. Compliance with the provisions of ORS 279C.S prevailing rate of wage; 17.2. Imposition of requirement that each a~nd e~.. t a~ 0; subcontra~tor shall file such bonds as may be required under ORS f. 9C.S36; Y " 17.3. Imposition ofrequirement thatll,(ly contract~~,s contractor shall comply with each and every provision of ORS 219'fi.SOO througr,.~; 17.4. Any and all cost estimatr:slhiiJill~..I:fd on the basis of prevailing rates of wage. 17.5. If the Commissione 0 the B~'~ Labor and Industries shall have; pursuant to ORS 279.S27(2), divided a pw ~~parate the parts that are public woo rks from the parts of the proje tare n ~ub~orks, the foregoing provisions shall apply only to those portions, e p . 'ect tH t the Commissioner shall have determined to be'''public works". \,)'.. , IS. Mediatiolf. In the e a d~jfute arises over the interpretation or enforcemt:nt of any provision of this ~ ment, thxp ,.ti, agree to meet and seek resolution of the matter through . n<;fetl>ali.on. . that fai , he parties agree to submit the dispute to a mutually agreeable neutral t~d party for in e non-binding mediation session not to exceed one day. The mediator shall s the prepar~tio and briefing schedule, with the total time for mediation from time of apIWi.Ptment tb the mediation report not to exceed 30 dayS. Each party shall share the cost of the ~o~qually. Only after tIle mediation has concluded may either party seek resolution of the matter through litigation and for any such litigation, jurisdiction and venue shall thereafter be in the Circuit Court of the State of Oregon, Lane County, U.S. District-or U.S. Bankruptcy Courts, Eugene, Oregon. This paragraph does not apply to divest the Land Use Board of Appeals of any jurisdiction over causes of action arising under implementation of this Agreement, further shall notbe interpreted as waiving or extending any applicable statutes of limitations. Date Received: AGREEMENT REGARDING ANNEXATION- Page 10 of13 Last printed 2/27/20091:38:00 PM ' C:\Documenls andSeuings\randyh\My Documents\Annexation Agreement CICan Copy.doc MAR 0 5 2009 .'. Original Submittal " ". 19. Attornev Fees. In the event of a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under U.S. Bankruptcy Code, is instituted to interpret or enforce any provision of this Agreement, or with respect to any dispute relating to this Agreement, including, without limitation, any action in which a declaration of rights is sought or an action for rescission, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge or arbitrator at trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by law. This ision shall cover costs and attorneys' fees related to or with respect to proceedings in Fe Bankruptcy Courts, including those related to issues unique to bankruptcy law. 20. Other Jurisdictions. Applicant understands that the requirements oft the City of Springfield only. Applicant understands and has been fully a. requirements may arise from other governing entities including t not nee Springfield Utility Board, Willamalane Parks and Recreation Dis ane R Protection Agency and Metropolitan Wastewater Management Co m! SI. pplicant is advised to contact these entities regarding the speCifi~C Cfi!iF ments. thos entities. 21. No Promise or Commitment of Annexation AODroval. is, !!J-eCl~ shall not in any way be construed as an approval or pre-approval ofth nne .ation~~~tfon to be submitted by Applicant or as any commitment by the Cit annex tli Pru,,-IY. nd 0 0 force and effect unless the is Agreement on or before two years City Council. Applicant s 24. Entire A~eement. l' Ag ment represents the entire Agreement between the parties with respect e-annex tio plication commitments and supersedes any prior written or oral c7Jbnicat. s bet e them. 25. ~ibits~ AIl\Ex i its attached hereto are incorporated by reference as if fully set forth herein. 26. A~~nants. It is the intention of the parties that the covenants herein are necessary for the annexation and the development of the 37 acres described herein, and as such shall run with the land and shall be binding upon the heirs, executors, assigns, administrators and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the real property described. It is the intention ofthe parties that the requirements of the City Development Application approvals and land use approvals shall run with the property and for the future development of the property shall run with the land including cases of changes in ownership, zoning, or plan designation. A Memorandum of this Agreement shall be recorded upon Date Received: AGREEMENT REGARDING ANNEXA TION- Page II of 13 Last printed 2/27/2009 I :38:00 PM C:\Documents and Settings\randyh\My Documcnts\Anncxation Agreement Clean Copy.doc MAR 0 5 2009 {C!l ;-'i Original Submittal annexation approval in Lane County Deeds and Records. The City retains all rights of enforcement. of this Agreement. . 27. Counternarts. This Agreement may be executed in one or more counterparts, all of which will be considered one in the same Agreement and will be effective when one or more counterparts have been signed and delivered by the parties hereto. DATED this day of ,2008. STATE OF OREGON COUNTY OF LANE } SlS A~dish, President IN WITNESS WHEREOF, the Applicant and City have executed this Agre herein above written. APPLICANT Wildish Land Co. Eugene Allen Corporation r BE IT REMEMBERED that ~this dayof ,2008 before me, the undersigned, a notary pu 'n and . aid County and State, personally appeared the within named James A. Wilr~se ~y was oroved to me on the basis of satisfactory evidence and who ex~ the ;m i~ijtfument and acknowledged to me that executed the same~ly a~ volu arily. By me duly sworn, did say that is/are the ofthe with e rp ration and does acknowledge said instrument to be the free act and deed of lllid Corporati ,a that the seal affixed to said instrument is the Corporate seal of said C01l?otlitl'on, and th t s 1 'nstrument was signed and sealed in behalf of said Corporation by authOj~~ts rd of I' ctors IN TISTIMONY. ., REOF, I have hereunto set my hand and affixed my official seal the day and year I above witten. Notary Public for Oregon My Commission Expires CITY OF SPRINGFIELD AGREEMENT REGARDING ANNEXA TION- Page 12 of 13 Lost printed 2/27/2009 1 :38:00 PM C:\Documcnts and ScUings\mndyh\My Documents\Annexation Agreement Clean Copy.doc Date Received: MAR 0 5 2009 Original submitt::>\ By: Gino Grimaldi, City Manager STATE OF OREGON COUNTY OF LANE } SIS BE IT REMEMBERED that on this davof 2008 before me, the undersigned, a no.tary public in and for said County a~ tate, personally appeared the within named Gino Grimaldi whose identity was proved t~ne the basis of satisfactory evidence and who by me duly sworn, did say that he is the Cit~nager the within named municipal corporation and does acknowledge said instrument to the ee act an toed of said municipal corporatiori, and that the seal affixed to said instrument is t e 'rp rate se of said municipal corporation, and that said instrument was signed and s ed in be of said municipal corporation by authority of its Common Council. IN TESTIMONY WHEREOF, I have hereunto set my ha year last above written. My Commission Expires Date Received: MAR 0 5 2009 Original Submittal AGREEMENT REGARDING ANNEXATlON- Page 13 of 13 Last printed 2/2712009 I :38:00 PM C:\Docun~enls and Scuings\randyh\My Documcnts\Anncxation Agreement Clean Copy.doc Ltt i OF SPRINGFIELD VICINITY MAP ZON2009-00008 4851,4857 & 5001 Franklin Blvd Date Received: MAR 0 5 2009 Original submittal_ Ml~ Map 18-03-02-20 Tax Lot 3000,3100,3200, 3300 And 18-03-02-32 Tax Lot 3800 North +