HomeMy WebLinkAboutPacket, DIM PLANNER 3/10/2009
RECEIVED
cm OF SPRINGFIELD DEVELOPMENT ISSUES MEETING
MAR 1 0 2009
~
DISTRIBUTION DATE: March 10, 2009 B
TO: Y' J)l M -Pacb:t-
Current Planning Staff: G. K~. J Donovan, L Pauly, T Jones,' .
L Davis, M Metzger, L MillerlA Umbirg,)D Reesor, S Hopkins, M Markarian
Jeff Paschall, Supervising Civil Engineer, Public Works Department
--/ Ken Vogeney, City Engineer, Public Works Department
.::L. Matt Stouder, AlC Engineering Supervising Civil Engineer, Public Works
Richard Perry, Public Works, Engineering
Kristi Krueger, Civil Engin'eer, Public Works Department
Brian Barnett, Traffic Engineer
-7 Jon Driscoll, Transportation Planning Engineer, Public Works
..y.. Gilbert Gordon, Deputy Rre Marshall, Rre & Ufe Safety Department
Melissa Fechtel, Fire & Ufe Safety Department
Greg Ferschweiler, Maintenance, Public Works Department
-v" Pat French, Planner, Willamalane Park and Recreation District
~ Thomas Jeffreys, Emerald Peoples Utility District (EPUD)
Tamara Johnson, Springfield Utility Board (Electric)
Bart McKee, Springfield Utility Board (Water)
--7 Amy Chinitz, Springfield Utility Board
v Dennis Santos, OooT
Dave Puent, Building Official
Will Mueller, L TO
----7 Nonn Palmer, Quest Communications
V Tom Boyatt, Public Works
Dennis Ernst, City Surveyor
7 . Celia Barry,(Shashi Bajracharya) Lane County Transportation
Jim Henry, Central Lane Communications 911
Dave Shore, Northwest Natural ,Gas
Tom Henerty, Comcast Cable'
-/ Jerry Smith, Police Chief
L Chuck Gottfried, Water Resource Coordinator, ESD
-/ Susie Smith, Public Works Director
v Len Goodwin, Public Works
John Saraceno, Springfield School District 19
.-J Joe Leahy, City Attorney
. v George Walker, Stonnwater Facilities Planner, ESD
John Tamulonis, Economic Development Mgr.
_ Courtney Griesel, Planner 1 (EDM)
Bill Grile
Brenda Jones, Planning Secretary (DIM Annexations)
A Development Issues Meeting will take place on Thursday April 9, 2009 @ 1:30 - 2:30
p.m. in the DSD Conference Room 616 @ Springfield City Hall. Please review the
enclosed infonnation, and come prepared to discuss this application with the Planner
and applicant. Should you have any questions, please contact Andy Umbird @
(541) 726-3784.
Re~sed: 7-21-08
:clty of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
2
Annexation Development Issues Meeting (DIM)
ReCJufred.Project Information - f - ' -. (Applicant: com';'iet~ this sec.tion) ~
Prospective
Applicant Name: Randall Hledik
ICompany: Wild ish Land Co./Eugene Allen Corp.* ,
IAddress: PO Box 7428/3600 Wild ish Lane Eugene~)OR 97401/08
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I Prospective
Same As Above
Applicant's Rep.:
Icompany:
IAddress:
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I Property Owner: James A. Wild ish, President
ICompany: Wild ish Land Co./Eugene Allen Corp.*
IAddress:
I '-"t. 'n ..' :,'.:::r:.. ; ,'''','' ,~. ',iii;',:",:".. :,. ''''.'~l';' ,". '.'._~ ';;:,L: "" :,' .,.,
I 18-03-02-20
ASSESSOR'S MAP NO:'LfI~_flL~?
I Property Addressf'8S1*,48S7*,S001 Franklin Blvd, SpringfiHd, OR
ISize of Property: 36.86
Phone:
683-7712
Fax:
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E-mail~rhledik@Wildish.com ,J
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683-7722
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I 3000*,3100*,3200,3300
TAX LOT NO(S)l<Rnn
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Acres e ,.,.Sq,uare Feet Q ., .
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I Description of If you are filling In thiS form by hand, please attach your proposal deScription to thiS application,
Proposal: No specific development proposed at this time.
I Existing Use:Former sand and gravel operation - currently
Prospective
Applicant:
primarily vacant
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Signature
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City Zoning:
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Print
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Case No.: LDr\ J-ooq - rootR Date: g)s.frB
Application Fee: $ 5~ ,00 I Technical Fee: $0
5~I.OD
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Reviewed bv: -A. /1{ ~
I postaqe Fee: $0
Date Received:
PROJECT NUMBER: PP-..::rUX:!b'OOOO I
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TOTAL FEES:_$
NOTE: Asterisk (*) pertains to Eugene Allen Corp.
Original Submittal F. of ?~_
DEVELOPMENT ISSUES
, MEETING
DEVELOPMENT SERVICES DEPARTMENT
SPRINGFIELD CITY HALL
225 FIFTH STREET
DSD Conference Room 616
Meeting Date: Apri/9, 2009@ 1:30 - 2:30 p.rn.
1. DEVELOPMENT ISSUES MEETING #ZON2009-00008 W1LDISH LAND/EUGENE ALLEN
Assessor's Map: 18-03-02-20 TL 3000,3100,3200,3300
Assessor's Map: 18-03-02-32 TL 3800
Address: 4851, 4857 & 5001 Franklin Blvd
Existing Use: Former sand and gravel company/vacant
Applicant submitted plans to discuss annexing approximately 37 acres into the City of
Springfield for future development.
Planner: Andy Limbird
DEVELOPMENT SERVICES DEPARTMENT
March 10, 2009
Randy IDedik
Wildish Land Co.
PO Box 7428
Elfgene, OR 97401
225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726-3753
FAX (541) 726-3689
www.ci.springfield.or.us
RE: ZON2009-00008 (18-03-02-20 TL 3000, 3100, 3200, 3300 & 18-03-02-32 TL
3800) Development Issues Meeting"': Applicant submitted plans to discuss annexing
approximately 3 7 acres into the City ?f Springfield for future development.
Dear Mr. IDedik:
Thank you for your Development ISS\les Meeting submittal. The following meeting has
been scheduled:
TYPE:
PLACE:
, DA TEfTIME:
CONTACT PERSON:
DEVELOPMENT ISSUES MEETING
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
ROOM 615/616
225 1'1.1' 11:1 STREET
SPRINGFIELD, OR 97477
Thursday, April 9, 2009 at 1:30 - 2:30 p.m.
Andy Limbird
If you ha':e any questions, please calI'me at 541-726-3784.
Sincerely,
Andy Limbird
Planner
CC: Eugene Allen Corporation
3600 Wildish Lane
Eugene, OR 97408
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PROUD l-lISTOln
BRIGHT FUTUIU::
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Since 1935.
" March 5, 2009
Date Received:
Mr. Gregory Mott
Planning Manager
City of Springfield
225 Fifth Street
Springfield, OR 97477
.,
MAR 0 5 2009
Origintll Submittal
Dear Mr, Mott:
Subject Annexation Request DIM
, , .
Enclosed please fmd filing materials requesting a Development Issues Meeting (DIM) pertaining to the
voluntary annexation of approximately 3 7 acres of land owned by this c'?!llpany 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 bo~ndary, and is
separated from the city limits only by a public right-of-way (McVay Highway). .'
The proposed annexation is consistent with applicable pl?licies in the Eugene-Springfield Metro Area
General Plan (2004 version). In particular itprom6tes Policy III-B-25: "Pursue an aggressive annexation
program and servicing of designated industrlallands 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 addresseCl in the enclosed draft Annexation Agreement.
. ~'
We look forward to meeting and workil)g with you to annex this property to the city.
"very truly yours,
W' I Land Co.
.//
Randall S. Hledik
Director, General Services
Encls
P,O, Box 7428 Eugene, O~ 97401 I 3600 Wildish,Lane Eugene, OR 97408
, Telephone: 54.1485-1700 Fax: 541683-7722 wwwwildi,hr.om
An Equal Opportunity Employer
CITY OF SPRINGFIELD
VICINITY MAP
ZON2009-00008
4851, 4857 & 5001 Franklin Blvd
Date Received:
MAR 0 5 2009
Original submittal
SITE
Map 18-03-02-2.
, Tax Lot
, 3000,3100,3200,
3300
And
, 18-03-02-32 Tax
Lot 3800
,North
+
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QUESTIONS FROM APPLICANT
DEVELOPMENT ISSUES MEETING
Wildish Land Co. 1 Eu~ene Allen corporJtion
" Annexation Application'
March 5, 2009
1. What are the,remaining iss~es for finalizing the draft Annexation
Agreement?
2. What other questions/concerns/comments does the City have regarding the ,
annexation of this property?
,
, "
, Date Received:
,MAR 05 2009
Original Submittal
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) (t); ORS 192.502(1)
V 14.4 Clean Draft 2008-09-26fomJ.
combined with V 14.8 SomewhatCleanWildish JT Draft 2008-10-17
and modified 2008-12-11 bv RSH '
MAR 0 5 2009 '
Original Submitt;>1
E. 't in the Glenwood Urban Renewal District and the development of the
p fulfill the Goals and Objectives ofthe Urban Renewal Plan..
AGREEMENT REGARDING ANNEXATION
This Agreement Regarding Annexation ("Agreement") is made . en t e City 0
Springfield, an Oregon municipal corporation ("Citi') and Wildish Land Co.
Corp. ("Applicant") corporations organized under the laws ofthe St'tt of Oreg
. 2008 ("Effective Date").
A.
Applicant owns the parcel(s) ofland legally scri
approximately37 acres (the "Property"). e
as Exhibit B. The Property is proxim. the ju
., A, consisting of
also shown on the map attached
I limits ofthe City.
B. ' Ci and to submit an application for
.' s Agreement.
c. eel . >ati\Iljficant benefits from annexation of the
services which will allow for increased potential for
D. recei e significant benefits from annexation of the Property,
ease eal p' rty tax receipts as well as related economic development
e ge r ed from the higher and better uses contemplated for the
F. ,e Pro rty is currently designated as "Industrial" on the Metro Plan Diagram Map and in
wood Refinement Plan and is zoned "Light Medium Industrial" (LMI) according
to the Springfield Zoning Map (collectively "Current Zoning").
After Recording, Return to:
City of Springfield
Public Works Department
225 Fifth Street
Sphngfield, OR 97477
Attn: Engineering Division
Place Bar Code Sticker Here:
G.
J.
K.
1.
The purpose of this Agreement is to memorialize Applicant's and City's commitment and
mutual agreement to the allocation of financial responsibility for public facilities and
services for the Property, sufficient t6 meet the City's requirements for the provision of
key urban services under the Current Zoning. Development may be 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 annexation improvements described herein.
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 minimum1eJ.:.el of key
urban facilities and services in an orderly and efficient manner, as define ~ th~ Metro
Plan Policy 8a and 8b, p.II-C-4, and such showing be supported by the bs' . al evidence
in the record ofthe annexation proceeding. City has determined th er the erty's
Current Zoning classification, the minimum level of key urban s1". 'ces 'ecessary lly
meet City Standards is currently available to the Property, with the 1 n of st rm
water management services and possibly also fire and life ety serv!
H.
1.
A public wastewater system with sufficient capacity to serve e . Q
support a finding that this key urban service is av . to se the P, perty. The Property
is currently provided wastewater service via an", ch eter er main located near
the westerly boundary of the Property near the int get Way and McVay
Highway, which was constructed in 1999 . c. a gra ity'sewer main in Nugget
Way that flows to a lift station atthe c ,. er ofN et and East 19th Avenue. A
pressure line then extends from the lift s ' n with! a 19th Avenue, Henderson
Avenue, and East 17th Avenue to gravity'. in enwood Boulevard. The public sewer
system described in this recital IS einafter r d to as the ''Nugget Way Sewer".
Pursuant to an analysis p~ ..'ty by CH2M-Hill in 2007 and recent City
improvements and te ting, the ~~:~ Sewer does have sufficient capacity to serve
the Property under th h ent Zouy ",
The Nugget a Sewer' e an e sewer lift station at 19th Street and Nugget Way is
designed com' odat 'peak flow of up to 960 gallons per minute (gpm) from sources
located on tJi 'pe y, s ell as from sources with property frontage along Nugget Way
and ewman S . D lopment by Applicant or other parties adjacent to the Nugget
);'" astewat em that causes flows to exceed the 960 gpm maximum ,peak flow
ac; . the et Way Wastewater System would require additional wastewater
. . stonn-1ater 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 stormwater management system with sufficient capacity to
accommodate adjacent roadway storm water runoff may be necessary to support a finding
by City that this key urban service is available to serve the Property.
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 ANNEXATlON- Page 2 of 13
Last printed 2/27/2009 I :38:00 PM
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MAR 0 5 2009
Original 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 pennitted 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 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
concurrence, a proposed Letter of Map Revision (LOMR) to the cu
potential revisions to the FIRMs in the area of the proposed ann . ion.
O. In order to facilitate orderly development of the Property
key urban services that are satisfactory to the City, Applic
requirements imposed on Applicant pursuant to this Agreem t.
Applicant to contribute a proportionate share of ded au
to ensure each impacted service meets City sta9-
Now, therefore based upon the foregoing Recitals
Agreement as if fully set forth below, the City
follows:
~REEME
1. Oblie:ations of Aoolicant. CO~bove Recitals and subject to the clear
understanding and agree ent -~fili~~all obligations set forth in this Agreement are
conditioned upon approva Anne '0 Ordinance for the Property, Applicant agrees to
perform the "Appl~t ObI a ': et rth in this Section 1.
1.1. Aoolicatic4oor~als re' uired. Applicant will apply for annexation on or before two
,years from th s g of this Agreement.
) .2. A~nal Urban Ices, Applicant understands that in this Agreement City makes no
es tions ~ther public services from other public agencies 'may or may not be
adequate. . '0 the construction of improvements on the Property, Applicant may be
required 0 ,vide and be financially responsible for the provision of any additional urban
'. acilities may be required by other agencies (such as, but not limited to, the Springfield
_ oard, and WiIlamalane 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 Plannine:. Applicant may be required to provide and be financially
responsible for the costs of any off-site improvements required to demonstrate compliance
with OAR 660-12-0060, as detennined 9Y the City in consultation with the Oregon
Department ofTransportation. Date Received:
AGREEMENT REGARDING ANNEXA TION- Page 3 of 13
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Original Submittal
1.4. Off-Site Imorovements. 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 r~quired by the City of Springfield or other public agencies related
to land use decisions and public improvements:
1.5. Waiver of Rililit 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 bene~ting the Property, under any public iinpr ent district,
local improvement district, reimbvrsement district, or proceeding of the of Oregon,
Lane County'or the City, and Applicant waives any and all rights to r with
respect to any ofthe foregoing. Notwithstanding the foregoing, plicant does
t!'te right to protest the amount or manner of spreading the asses m t of, if
assessment appears to Applicant to be inequitably apportio ed to the . erty.
1.6. Reimbursement District. If City creates a reimbursement dis . c
improvements constructed by Applicant, Applic'1"6 sits
due it fram City, the Springfield Economic De . Agenc
applicable government entity.
ect to any
ts to reimbursement( s)
;SEDA), or'any other
1.7.
1.7 .1.
an of the requirements set forth in this paragraph 1.7, City shall fund the
;chas d installatian, at a location specified by the City Eniineer, of an
afP"Jf d flow meter to mo:mtor wastewater flows in the Nugget Way Sewer.
. -Jr.er. Applicant may be re~uired to provide and be financially responsible for
provision of a stormwater management system ta serve the Property and its related public
improvements.
'1.8.1. Prior to occupancy approval for any new structure on the Property, and slibject to
City Engineer approval .of the requisite public improvement pl<ms, 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 2/27/20091:38:00 PM ' '
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MAR ,05 2009
Original Submittal
1.8.2, Applicant will prepare the'studies, plans, permit applications, and other supporting
documentation required to obtain the permits and other approvals necessary to
construct the stonnwater 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 stonnwater
quality management shall be those set forth in the City's Engineerin
Standards and Procedures manual ("Manual"), as said Manual
over time. Particular attention shall be paid to mitigating imp. c fro ollutants
for which Total Maximum Daily Load (TMDL) standards t forth in th al
have been, or will be, established by the State of Oregon.
1.9. Rioarian Setback. As a component of each development ap , operty,
Applicant may be required to reserve sufficient lands along t the Property
with the Willamette River to provide ariparian a oft e Property reserved
, for this riparian corridor shall be as specified i elopment Code Section'
4.3" I 1 5A. 1. Applicant may also propose urn . is eet or partially meet
requirements oftlie Willamette River G. enway' provisions of the Clean Water
Act as prescribed in Springfield Deve op t Cod ect ons 4.3-115 andA,3-117, though
City does not represent that the . y's appro e granted, any City approvals will
not be unreasonably withheld.
1.1 a.Flood PlainIFloodwav, In con' c I n"M the submittal of the first development
application for any p . n of the operty, Applicant may be required to provide a
comprehensive floodp Ill' sis sed upon HEC~RAS or another model acceptable to
the Army Co fEngl. City and current (pre-developmimt) and proposed (post-
develop top aphi' nformation showing the impacts of fill proposed to be placed
within the Prp, y, alo g ith fill on other properties within the study area which is
,an~ated to be ce or future development. The analysi.sshall show the projected
, ~~. flood I P' s on the Property and on other lands wlthlll the study area. The
ext nt . e' analysis shall be sufficient to comply with requirements of the Federal
Emerge cy - agement Agency for floodplain map updates.
fier City review and acceptance of the floodplain studies required in Section 1.1 a,
Applicant may be required to provide a plan to mitigate potential projected impacts
of developing the Property on the I Oa~year base flood elevations. The mitigation
plan shall be required ifthe 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 "d!m3tReceived:
AGREEMENT REGARDING ANNEXATION- Page 5 of 13,
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Original Submitt;>1
floodway. The mitigation plan shall provide that Applicant shall implementthe
mitigation plan as a condition of developing 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 Ijj~h..way, or
public improvements are otherwise proposed for the west side of~he ro~~' ,then the
Improvements set forth below WIll be constructed concurrently WIth ~sld' adway
improvements to facilitate" the nonnal and .logical provision of urb transportatJ
infrastructure, and to take advantage of economies of scale and t t effici cies.
1,11.3, Appl" may b spo~i ,Ie for the design, construction, and maintenance of the
ortat sys s described in Section 1.11 until City acceptance of the
ansp~J1fon systems, including but not limited to associated rights-of-
t ~ngineering costs, permit applications and fees, legal costs,
d inspection costs, and the preparation of as-built plans acceptable to
.11,4, P,Pp icant 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 approval by the City,
1.11.5. Projects must fully comply with Section 17 of this Agreement concerning current
requirements in relation to BaLI regulations, including the paym'ent 'of prevailing
wage rates.
AGREEMENT REGARDING ANNEXA TION- Page 6 of 13.
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, Date Received:
MAR 0 5 2009
Original Submittal
2. Obli2:ations of Citv. 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 appeals thereof, for
the Property, City agrees to perform 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 c~nforms to the
requirements oflaw and this Agreement City will recommend approval to City
Council.
2.2, If the annexation occurs, the City will conduct a timely review and e on- ng
process of any and all discretionary land use actions including, not 'mited t < site
plan review, subdivision tentative plan, subdivision plat, partitIOn' adjus ents,
and public improvement plan applications in accordance ith City p ,edures for the
development of the Property.
2.5.
City sh 11 rk cooperatively with SEDA, the City's urban renewal agency ("SEDA"), to
foster ,d provide support, including financial support, t)rrough the adopted Glenwood
, enewal Plan for public infrastructure and activities enhancing the development
an redevelopment of Glen wood property near and along McVay Highway.
2.3. ess the annexation
o erty. Although the
. e event that City does
2.4.
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 L~~~::eceived:
AGREEMENT REGARDING ANNEXA TION- Page 7 of 13 I
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Original Submittal I
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 ofthe 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, stormwater management systems, and
street improvements for any proposed development, without the prior written ap al of the
City Engineer. It is expressly understood and agreed that, until such time as t frastructure
agreements described herein as McVay Highway public transportation impr em' are
constructed to the satisfaction of the City Engineer, Applicant shall not At orize entitled
to receive a final certificate of occupancy for any development on the ':, pe
lementing the
rtes, ,
ct 0 f good faith
5. Mutual Cooneration. City and Applicant shall cooperate with e h other in
various matters contained herein. The Parties shall have imputed 6 1 fthe'
obligations, and acts to be performed under this Agreement, a stan ar .',
and fair dealing. '
6.
7.' Modification of Agreement. T ' ee t may 0 y be modified in writing signed by both
parties. Any modifications to I' "gre,,~hall require the approval of the Springfield
Common Council. This eement ~all.nofbe'modified such that the key ~rban facilities and
services, as defined m the' Plan. c 8a and 8b, p.II-C-4 and as reqUIred herem are not
provided in a timely manne 0 ~ y. Notwithstanding the foregoing, this Agreement
shall automaticall e odifi 0 reJ}lrct any change in law, including but not limited to any
change in the ~ ' gfie Dev' vment Code.
8. is . eement shall be construed as waiving any requirements of the
evelop e " ode or Springfield Municipal Code which may be applicable to the
. his Pr e y or the use and development of this Property. Nothing herein shall be
. iding or agreeing to provide approval of any and all discretionary land use
a. . ons or oth r elopment application submitted by Applicant. Applicant is responsible for
00 " ing, at pplicant's expense, all local, state and/or federal permits and any other approvals
as m ' 'uired, In the event of any development approval appeal there from and subsequent
remand to the City, City retains the sole discretion to detennine City's response to such remand.
9. Indenendent Lel:!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 Agreement.
, AGREEMENT REGARDING ANNEXA TION"- Page 8 of 13
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Date Received:
. MAR 0 5 2009
Original Submittal
10, Dolan. Applicant knows and understands its rights under Dolan v. Citv of Tig: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 Agreement that relate to any claim that coul made
under Dolan case,law analysis.
11. Invaliditv and Severability. If any provision of this Agreement shall be ~ed une
or invalid, such enforceability or invalidity shall not affect the enforc 'lity validit any
other provision of this Agreement. The validity, meaning, enforceabilit' ,e ect of e
Agreement and the rights and liabilities,ofthe parties hereto sh be dete d in accordance
with the laws of the State of Oregon.
12. Construction & Jurisdiction. This Agreement shall be
laws ofthe State of Oregon, without regard to its ch '
enforce or construe, any provision of this Agreement b
Circuit Court of the State of Oregon for Lane ,un"'
Eugene, Oregon. The Circuit Court of the S of Ore
jurisdiction over all lawsuits brought by,any
subject matter ofthis Agreement, and achParty
jurisdiction and waives any and all 0 ~ ions it mi
ed an ,onstru a according to the
provi '0 s, any action or suit to
, all be brought in the
'stnc r U.S. Bankruptcy Courts
fo e County shall have exclusive
other Party with respect to the
evocably consents to such exclusive
erwise have with respect thereto.
t shall be in writing and may be delivered by
iI, return receipt requested (to be deemed delivered
addressed as follows:
For Annlicant:
President
Wildish Land Co.
PO Box 7428
Eugene, OR 97401
'14, e of Esse ceo ., mie is of the essence in the perfonnance of each provision of this
A ,ment. ess referred to as Business Days, all periods of time shall include Saturdays,
Sun Ii egal 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
City,
15. Waiver. Waiver by any Party of strict pC.,;'vuuance 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!!l~~eivE d:
AGREEMENT REGARDING ANNEXA TION- Page 9 of 13
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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. PolicelRerulatorv Power Preserved, Subject to the terms and conditions of this Agreement, by
making this Agreement the City is specifically not obligating itself, or any ()ther 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, vanances;
environmental Clearances or any other govimnnental approvals ~hich are or m~equired,
, 17. )30LI ReauirementslPrevailing Wages,_ Applicant acknowledges that certai~Jfu.~ or all of
the infrastructure projects described herein may be deemed a "public wo -. projec ,,'thin the
meaning of ORS 297C.800(6) (a) (C): In the event a project construc "b e Applic s
deemed to constitute a public works project Applicant hereby agrees to' e, s a co oition of
any contract for construction, that the specifications for such co act conta 11 of the
provisions required by law for a public works contract including, IT limit
\7,\. Compliance with the-provisions ofORS 279C,8
prevailing rate of wage;
'Ii"
17,2. Imposition of'requirement that each and
bonds as may be required under ORS
bcontractor shall file such
17.3. Imposition of requirement that ,contractor shall comply with each
and every provision of ORS 2 9
17.4. Any and all cost estimat~~d on the basis of prevailing rates of wage. .
17.5, If the ~ommissiorie ~!lj. ',e B~ ~Labor and Industries shall have, pursuant toORS
279.827(2), divided aIiY~_~:e:O~arate the parts that are public works from the parts
of the proje tare J, 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".
18. Mediatio.1f. In the e a di ~te arises over the-interpretation or enforcement' of any provision
of this ~e~ment, 'th~ " s agree to meet and seek resolution of the matter through
ne ~on:" that fa , e parties agree to submit the dispute to a mutually agreeable neutral
t rd party for ~ non-binding mediation session not to exceed one day, The mediator shall
s the prepar tiop"and briefing schedule, with the total time for mediation from time of
ap' , . ntment ' the mediation report not to exceed 30 days, ' Each party shall share the cost of
the 'We ually. Only after the mediation has concluded may either party seek resolution of
the matter through litigation and for imy such litigation, jurisdiction and venue shall thereafter
be in the Circuit Court of the State of Oregon, Lane County, U.S, District orU.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 not be interpreted as waiving or extending any applicable statutes of
limitations. : .
Date Received:
AGREEMENT REGARDING ANNEXATION- Page 10 of'13
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Original Submittal
19. Attornev Fees. In the ,event of a suit, action, arbitration, or other proceeding of any nature
vyhatsoever" including, without limitation, any proceeding llnder 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 expense~ actually incurred and re,asonably 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 of
the City of Springfield only. Applicant understands and has been fully a, at oth r
req~irements ~~y arise from, other governing entities including,~ nO,tt I nec arily limi~ed to the
Spnngfield UtIlIty Board, Wlllamalane Parks and RecreatIOn Dls~a.ne R al AIr
Protection Agency arid Metropolitan Wastewater Management Co '1" pplicantis
advised to contact these entities regarding the specific ments, thos. entities.
21. No Promise or Commitment of Annexation AoorovaL
construed as an approval or pre-approval of th
Applicant or as any commitment by the Cit
nd 0 0 force and effect unless the
. s Agreement on or before two years
22. Exoiration. ,This Agreement shall be :till and vo
annexation application is submitted III cordance
from the date of the signing oft' nt.
behalf. In order.to
Applicant, the Ci
City Council ap
ment represents the entire Agreement between the parties with
e~annex ti plication commitments and supersedes, any prior written or oral
e them.
25, ,ibits. Allfx 1 its attached hereto are incorporated by reference as if fully set forth herein,
26, AssI .~nants. ltisthe 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 oX the 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 ANNEXATION- Page 11 of 13 ,
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Original Submittal
annexation approval in Lane County Deeds and Records. The City retains all rights of
enforcement of this Agreement.
27. Counteroarts. 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 '
}sis
(SEAL)
IN WITNESS WHEREOF, the Applicant and City have executed this Agre
, ,
herein above written.
APPLICANT
Wildish Land Co,
Eugene Allen Corporation
A~diSh, President
r
BE IT REMEMBERED that ~this dayof , ,2008 before me,
the ~ndersigned, a notary p~" 'n and ~aid County and State, personaiIy appeared the
wIthin named James A. WI! h' , idJiftitv was vroved to me on the basIS of satIsfactory
evidence and who ex the ~. 'Ill i~ffument and acknowledged to me that '
executed the same,. ly volu arily. By me duly sworn, did say that 'is/are
the of the with - .. e . ration and does acknowledge said instrument to be the free act
and deed of ~d Corpor ' , , a that the seal a~fixed to said instrument is the ~orporate s~al of
Said C01"J?ot1fi'mn, and th t nstrumcnt was sIgned and sealed III behalf of Said CorporatIon by
autho ' its rd of ' ctors
'Notary Public for Oregon
My Commission Expires
CITY OF SPRINGFIELD
AGREEMENT REGARDING ANNEXA TION- Page 12 of 13
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Date Received:
MAR 0 5 2009
Oriainal submitt~1
By:
Gino Grimaldi, City Manager
STATE OF OREGON
COUNTY OF LANE
} SlS
BE IT REMEMBERED that on.thi< (lHv!Jf
2008 before me, the undersigned, a notary public in and for said County
appeared the within named Gino Grimaldi whose identity was proved t
satisfactory evidence and who by me duly sworn, did say that he is the Ci Mager e within
named municipal corporation and does acknowledge said instrument to e ee act an,. edof
said mtlnicipal corporation, and that the seal affixed to said instrument is '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 h
year last above written,
. ARY PUBLIC FOR OREGON
My Commission Expires,
Date Received:
MAR 0 5 2009
Original Submittal
AGREEMENT REGARDING ANNEXA TION- Page 13 of 13
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