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HomeMy WebLinkAboutLegal System Development Code Charge 2002-4-3 ".,\ .- . " .; r:~E""""'ID'[-I'~ni' 'I('~' ""~II'i'\ "I' "1B' ~~.\.lt.~,\\",;'~.-}~"~~ .)JU j\: ~.:;.] i~~) b""~, "({Iii ro' ~...................................................................................................................................................................................................... ..........................................................: i AFTERREOJRDINGRETURNTO: i i Qrr OF SPRINGFIELD. PUBUC WORKS DEPAR1MENT .225 FIF1H STREET. SPRINGFIELD, OR 97477 i , , ' , : : ' , ....................................................................................................................................................................................................... ............................................................ LIEN SYSTEM DEVELOPMENT CHARGE AGREEMENT FOR DEFERRAL * This executed Agreement is to be recorded at Applicant's expense by the City of Springfield at lane County Deeds and Records Office, PARTIES: City of Springfield, and Development Applicant STEPHEN BilLINGS Development Project: BilLINGS FAMilY CHIROPRACTIC OFFICE more particularly described in Exhibit "One" which is attached hereto and incorporated herein by this reference, RECITALS: WHEREAS, the City of Springfield, pursuant to Oregon Revised Statutes 223.297, et seq., "System Development Charges," has enacted, "System Development Charges," of the Springfield Municipal Code; and WHEREAS, the purpose of the System Development Charge is to impose an equitable share of the public cost of capital improvements upon the activity of development that creates the need for or increases the demands on such capital ,improvements; and WHEREAS, Section 3.412(1) of the Springfield Municipal Code provides for the payment of a System Development Charge at the time of the issuance of a building permit, approval of development application for development not requiring the issuance of a building permit, or a permit to connect to water, sanitary sewer, or storm sewer systems; and WHEREAS, Section 3.412(3) of the Springfield Municipal Code provides that the City Manager or the Manager's designee may require payment in full or that provision for payment satisfactory to the City has been made; and WHEREAS, Section 3.412(4) of the Springfield Municipal Code provides that any provision for payment satisfactory to the City which includes providing an obligation to pay the unpaid System Development Charge and interest thereon, shall be secured by property, bond, deposits, letter of credit, deferred payment agreement, or other security acceptable to the City Manager or the Manager's designee; and WHEREAS, City through Resolution No. 93-25 has implemented a program providing for the opportunity for Development Applicant to defer System Development Charges; and WHEREAS, Development Applicant has requested deferral of the System Development Charge for the above-referenced development project in the manner hereinafter stated. NOW, THEREFORE, City and Development Applicant agree that the System Development Charge will be paid in accordance with the following terms and conditions: 1. DESCRIPTION OF PROJECT: Construction of a chiropractic office building and parking lot. 2. SYSTEM DEVELOPMENT CHARGE: $12,233.05 6q~1 VV\l;.\(\~:1- System Development Charge Agreement for Deferral Page 1 of 3 . . . .' ; 3. DEFERRED PAYMENT SCHEDULE: The System Development Charge specified in Paragraph 2 shall be paid by the Development Applicant in accordance with the following schedule: (a) The sum of $10,000.00 (TEN THOUSAND AND NO/100 DOLLARS) is to be paid at the time the City issues the initial building permit. (b) The sum of approximately $2,233.05 (TWO THOUSAND TWO HUNDRED THIRTY THREE AND 05/100 DOLLARS) is to be paid at the completion of construction as determined by the City. City will notify Development Applicant that the payment is due. (c) In the event that Development Applicant fails to make the payment required by subparagraph (a), the City will not issue a Building Occupancy Permit or other approval as defined in Section 3.412 of the Springfield Municipal Code. In the event Development Applicant fails to make the payment required by subparagraph (b), no final occupancy approval will be issued. (d) Development Applicant shall have the right to prepay the obligations set forth in this contract in whole or in part at any time without penalty. 4. WAIVER: In consideration for the deferral of System Development Charge set forth in this agreement, IIwe expressly waive any and all errors, irregularities or defects, jurisdictional or otherwise, regarding the System Development Charge, including specifically but not limited to errors, irregularities, or defects, if any, in the computation of or underlying methodology of the charge. 5. DURATION: This agreement shall continue in perpetuity. This agreement is intended to and does attach to and run with the land affected herein. This agreement is binding on the undersigned landowners, STEPHEN BILLINGS, person(s) claiming under it. It is the intent of STEPHEN BILLINGS, land owner(s), to create a continuing obligation and right on the part of themselves and subsequent owners of the subject land. The fee is a personal obligation of the owner of the land on which the development is made and the owner's heirs and assigns, with payment of part of or all of the obligation by any of them reducing the obligations of the others by the amount of the payment. 6. MODIFICATION: Neither the owners nor their successors in interest may modify, withdraw from or dissolve this agreement without the written approval of the City of Springfield. 7. LIEN: Development Applicant agrees that in the event that Development Applicant fails to pay the System Development Charge as required by the terms and conditions of this agreement, City, in addition to the other remedies specified herein, may place a lien in the amount of the System Development Charge not paid in conformance with the deferred payment schedule set forth in Paragraph No.3, as specified in this agreement, upon the real property upon which the project is constructed, and that such lien may be foreclosed by the City of Springfield in accordance with the procedures set forth in Oregon Revised Statutes 223.505 et. Seq. and City of Springfield lien foreclosure procedures as set forth in the Springfield Municipal Code. 8. The real property on which Development Applicant will construct the project is more particularly described and set forth in Exhibit "One", which is a legal description of the subject property and is attached to and part of this agreement. 9. ATTORNEYS' FEES: If there is any legal action or proceeding between the parties hereto arising from or based on this agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party all reasonable costs and expenses, including reasonable attorneys' fees and disbursements, incurred by such prevailing party in such action or proceeding and in any appeal in connection herewith. If such prevailing party recovers a judgment in any such action, proceeding, or appeal, such costs, expenses, and attorneys' fees and disbursements shall be included in and as a part of such judgment. DATE: 11')/0 ). ~ _11. ~/-=--A? ( Stephen Billings - Vi STATE OF OREGON ) ) 5.5. COUNTY OF LANE ) System Development Charge Agreement for Deferral Page 2 of 3 . .' .; Before me this 3' ~ day of fj f? n ~ , 2002, personally appeared .sT&Ph..LLi .D. ,h/1.1t n//.... , to me personally known and known to the person who executed the foregoing document and he (she) acknowledged that he (she) executed the same. ,,--,-_..__........-f.._.-.c~~/J-%.). Dl./1(J)1arlO .~ "'~~"" . ,""'''' C'mL "" Ou~~ , NANCY J MACHADO S 'J1. ~ .' . - . :, ; NOTARY PUBLIC.. OREGON I My commission explres:~ }U.A 6 <) If( A oO~ \",/ COMMISSION NO. 335646 . MY ClIMMlSSIDN EXPmES JlJllIll2DOl ..""....."""'.....""""................~ DATE: -1- ( 3 I 0 2- BY: ~~2E~~ System Development Charge Administrator STATE OF OREGON ) ) S.S. COUNTY OF LANE ) , B~re me this 3rJ-- day of --f)fJ~ ,2002, personally appeared JJ;;:6../YlI.1 tL/ t(7t.A J(lh.l'; ~/' , to me personally known and known to the person who executed the foregoing document and he (she) acknowledged that he (she) executed the same. ,>..""'-<;-~-- ..~-~ --- -r--i,,"Cc.c-.ct- , . OFFICIAL SEAL \ . : NANCY J MACHADO " i NOTARY PUBLIC. OREGON '.../ COMMISSION NO. 335646 . . MY aJMMISSlOlI EXPmES JlJllIll 21104 /1LLu'1~ . ~ (L c..ACLdu N'otary 0 Oregord 1 v My commission expires:rY~ ) c:,. ;)DO,! I System Development Charge Agreement for Deferral Page 3 of 3 "...-; SKINNER & ASSOC.' ~OOl Cascade Tl tIe Page 4 af 4 #6476 ~E ':':':/j" ',:)' " PROPERTY DESCRIPTION Jeginning ;'It a point in t.h2! South boundary of the McKenzie Highway 1542 feet ~ast and 550,84 feet South of the Northwest corner of the Stephen Gager )onaticn Land Claim No. 45. Notif. No. 7079 in Township 17 South, Range 2 West )f the Will_mette Meridian, thence running West along the South boundary of :he highway 132 feet, theTl~e South 660 feet, thence East 132 feet and thence ~orth 660 feet to the plac:G of beginning, in Lane County, Oregon. EXCEPT that pOl-ticHl described in that deed to the City of springfield', recor:ied December 15, 1966, as Instrument No. 69427, L", oe Count y Oregon Deed Records. !- efo/ Oe.::;;,c /,.../ >;J ~n 0 ri ;::;- 0 vY7 /; lie .Re ~or--I-- - E~v 7:1 /J. -E" ~~o pI? /....;-7 "'_ tJ~ -..' /.:;:::5 ~--~_.._._..