HomeMy WebLinkAboutComments Miscellaneous 7/7/2008 (2)
L1MBIRD Andrew'
From:
Sent:
To:
Subject:
HOPPER Lisa
Monday, July 07,2008 12:22 PM
L1MBIRD Andrew
RE: Hold Harmless Agreement
Thank you Andy! The information hadn't reached me yet and I have had thelr plans on hold.
I will call Mark and release them today. Tha~ks again, Lisa
,
-----Original Message-----
From: LIMBIRD Andrew
Sent: Monday,. July 07, 2008 11:33 AM
To: HOPPER Lisa '
Subject: FW: Hold Harmless Agreement
Hi Lisa, here's a copy of the email I sent to Robert and Dav.e.
Andy
FYI: The City has executed a Hold Harmless Agreement with LTD which allows initial
transit facility site work to proceed at Gateway Mall. At this time, all of the
sanctioned work is on private property and not in the public street right-of~way. The
applicant will be seeking LOAP and Building Permits for removal of parking lot islands and
installation of utilities, landscaping islands, and, a covered pedestrian walkway. Please
let me know if you have any questions. Thanks
Andy
-----Original Message-----
From: LIMBIRD Andrew
Sent: Monday, July 07, 2008 9:49 AM
To: SIMMONS Charlie; 'Mark Young'
Cc: 'Glover, Ronl
Subject': EW: Hold Harmless Agreement
Attached please find a scanned. copy of the executed Hold Harmless Agreement for initial
transit facility site work to proceed at Gateway Mall. An original will be sent to LTD
for your files. Please let me know if you have any questions. Th~nks
Andy Limbird
City of Springfield
-----Original Message-----
From: Andrew Limbird [mailto:alirnbird@ci.springfield.or.us]
Sent: Monday, July 07, 2008 9:39 AM
To: LIMBIRD Andrew
Subj ect : .
This E-mail was sent from "PS-DSD-COPIER" (Aficio MP 9000).
Scan Date: 07,07,2008 08:38:55 (-0800)
Queries to: szwe~bohrner@ci.springfield.or.us
1
Date Received: 7/ i #vl
Planner: AL
"f
L1MBIRD Andrew
From:
Sent:
To:
Subject:
Mark Young [mark@rowellbrokaw.com]
Monday, July 07, 2008 10:32 AM
L1MBIRD Andrew
RE: Hold Harmless Agreement
Thanks Andy,
The LOAP has'been submitted and approved.
Mark Young
Rowell Brokaw Architects
One East Broadway, Suite 300
Eugene, OR 97401
Ph: (541) 485-1003
Fax: (541) 485-7344
rnark@rowellbrokaw.com
-----Original Message-----
From: LIMBIRD Andrew [mai1to:alimbird@ci.springfield.or.us]
Sent: Monday, July 07, 2008 10:02 AM
To: Mark Young
Subject: RE: Hold Harmless Agreement
H{ Mark, I forwarded copies to the Building and Public Works Engineering groups for their
files. You can submit for Building- Permits, and shouldn't need to attach a copy of the
Hold Harmless Agreement. + would also recommend contacting our Public Works ,Engineering
group to verify if a Land Drainage Alteration Permit (LOAP) is require,d for the site wor~.
Andy
-----Original Message-----
From: Mark Young [mailto:rnark@rowellbrokaw.com]
Sent: Monday, July 07, 2008 10:00 AM
To: LIMBIRD Andrew
Subject: RE: Hold Harmless Agreement
Thanks Andy,
Has this been sent to the Building Dept., or should we go ahead and submit i~?
Mark Young
Rowell Brokaw Architects
One East Broadway, Suite 300
Eugene, OR 97401
Ph: (541) 4.85-1003
Fax: (541) 485-7344
mark@rowellbrokaw.com
-----Original Message-----
From: LIMBIRD Andrew [mailto: alimbird@ci, springfield, or. us]
Sent: Monday, July 07, 2008 9:49 AM
To: SIMMONS Charlie; Mark Young
Cc: Glover, Ron
Subject: FW: Hol? Harmless Agreement
Attached please find a scanned copy of the executed Hold Harmless Agreement for. initial
transit facility site work .to proceed at Gateway Mall.. An original will be sent. to LTD
for your files. ,Please' let me know if you have any questions. Thanks
Andy Limbird
City of Springfield
1
Date Received'
Planner: AL
7h/tl-".,p
I
L1MBIRD Andrew
From:
Sent:
To:
Cc:
Subject:
L1MBIRD Andrew
Monday, July 07, 2008 9:58 AM
CASTILE Robert; PUENT David
CURTISS William; SINGLETON Todd; GRILE Bill; WALTER Eric; STOUDER Matt
FW: Hold Harmless Agreement
Attachments: .
20080707083855616.pdf
-m
200807070838
5616.pdf (1 MB
FYI: The City has executed a Hold Harmless Agreement with LTD which allows
initial transit facility site work to proceed at Gateway Mall. At this time, all of the
sanctioned work is on private property and not in the public street right-af-way. The
applicant will be seeking LOAP and Building Permits for removal of parking lot islands and
installation of utilities, landscaping islands, and a covered pedestrian walkway. 'Please
let me know if you have any ~uestions. Thanks '
Andy
---~-Original Message-----
From: LIMBIRD Andrew
Sent: Monday, July 07, 2008 9:49 AM
To: SIMMONS Charlie; 'Mark Young'
Cc:" I Glover, Ron I
Subj ect: FW: Hold Harmless Agreement.
Attached please find a scanned copy of the executed Hold Harmless Agreement for initial
transit facility site work to proceed at Gateway Mall. An original will be sent to LTD
for your files. Please let me know if you have any questions. Thanks
Andy Lirnbird
City of Springfield
~----Original Message-----
From: Andrew Lirnbird [mailto:alimbird@ci.springfield.or.us]
Sent: Monday, July 07, 2008 9:39 AM
To: LIMBIRD Andrew
Subject:
This E-mail was sent from "PS-DSD-COPIER" (Aficio MP 9000).
Scan Date: 07.07.2008 08:38:55 (-0800)
Queries to: szweibohmer@c.1. .,springfield. or. us
j
1
Date Received' i1;!</Of
Planner: AL
L1MBIRD AndreW
From:
Sent:
To:
Subject:
SIMMONS Charlie [Charlie.Simmons@ltd.org]
Monday, July 07, 2008 9:54 AM
L1MBIRD Andrew
RE: Hold Harmless Agreement
Thanks
Charlie Simmons
Facilities Manager
Lane Transit District
. Ph: 541-682-6129
-----Original Message-----
From: .LIMBIRD Andrew. [mailto: alirnbird@ci. springfiel<:l, or. us]
Sent: Monday, July 07, 2008 9:49 AM
To: SIMMONS Charlie; Mark Young
Cc: Glover, Ron
Subject: FW: Hold Harmless Agreement
Attached please find a scanned copy of the executed Hold Harmless Agreement for initial
transit facility site work to proceed at Gateway Mall. An origin~l will be sent to LTD
for your files. Please let 'me know if you have any questions. Than~s
Andy Lirnbird
City of Springfield
~ -----Original Message---~-
From: Andrew Limbird [rnailto:alirnbird@ci.springfield.or.us]
Sent: Monday, July 07, 2008 9:39 AM
To: LIMBIRD Andrew
Subject:
This E-mail was sent from "PS-DSD-COPIER" (Aficio MP 9000).
Scan Date: 07.07.2008 08:38:55 (-0800)
Queries to: szweibohmer@ci.springfield.or..us
~ -
1
Data Received" j/7/ J-oot
Planner: AL !
L1MBIRD Andrew
From:
Sent:
To:
Cc:
Subject:
L1MBIRD Andrew
Monday, July 07, 2008 9:49 AM
SIMMONS Charlie; 'Mark Young'
'Glover, Ron'
FW: Hold Harmless Agreement
. ,
Attachments:
20080707083855616. pdf
-m
200807070838
~~mu~ .
Attached please find a scanned copy of the executed Hold Harmless Agreement for
initial transit facility site work to proceed at Gateway Mall. An original will be sent
to LTD for your files, Please let me know if you have any questions, Thanks
Andy Limbird
City of Springfield
-----Original Message-----
. From: Andrew Limbird [mailto:alimbird@ci.springfield,or,us]
Sent: Monday, July 07, 2008 9:39 AM
To: LIMBIRD Andrew
Subject:
This E-mail was sent from "PS-DSD-COPIER" (Aficio MP 9000),
Scan.Date: 07,07,2008 08:38:55 (~0800)
Queries to: szweibohrner@ci.springfield.or.us
1
Date Received: 7 h /AJP,f
: I /
Planner: AL
INDEMNIFICATION AND HOLD HARMLESSI AGREEMENT FOR INITIAL SITE WORK
TO PROCEED BY LTD FOR TRANSIT FACILITIES ON GATEWAY MALL PROPERTY
PRIOR TO EXECUTION OF DEVELOPMENT AGREEMENT
PARTIES: Lane Transit District
PO Box 7070
Eugene, OR 97401
City of Springfield
a municipal corporation of the State of Oregon
225 Fifth Street
Springfield, OR 97477
(hereinafter "L TD")
(hereinafter "City')
This Agreement and Indemnification is made with reference to the following facts:
1. L TD received Tentative Site Plan Approval from the City for relocating the Gateway Mall
Transit Platform from an interior site on the Gateway Mall property (administered by General
Growth Properties) to the west edge of Gateway Street between Umpqua Bank and the
Roadhouse Grill as part of the proposed EMX system in North Springfield.
2, L TD would typically have up to 90 days to address the Conditions of Approval of the
Tentative Site Plan and submit a final site plan at which time the City and L TD would execute a
development agreement and subsequently issue building permits,
3. One of the conditions of Tentative Site Plan Approval is the dedication of additional public
right-of-way for Gateway Street and a Development Agreement between L TD and City
regarding the operation of the EMX system in North Springfield.
4, The required right-of-way dedication is still under review by General Growth Properties,
the owner/manager of the Gateway Mall and this review has delayed submittal of the final site
plan beyond the required 90 days.
. ..
5, General Growth Properties and L TD have a separate licensing agreement for operation
and maintenance of the transit facilities on the Gateway Mall property.. . : ,
..~: . ,.
6. City and the Gateway Mall (General Growth Properties) wish, to accommodate L TD's
project scheduling and both City and Gateway Mall have agreed to conditionally allow initial site
work to proceed on the Gateway Mall property prior to the execution of a Development
Agreement between LTD and City, ' . ~
7, The initial site work involved includes at grade reconfiguration of the parking lot, removal
and installation of some landsciaping islands, installation of a pedestrian walkway with canopy,
and extension of underground utility lines (primarily electridm. . , .','~.',;~., ~,
. . '"."
Page 1 - INDEMNIFICATION AND HOLD HARMLESS/AGREEMENT FOR INmAL SITE WORK TO PROCEED BY
LTD FOR TRANSIT FACIlITIES ON GATEWAY MALL PROPERTY PRIOR TO EXECUTION OF DEVELOPMENT
AGREEMENT uateReceived: 7-2-D<6
Planner: M.-
8, LTD would like to proceed with the initial site work prior to the execution of a
Development Agreement between LTD and City,
Based upon the foregoing Recitals 1 through 8, which are hereby made a part of this
agreement, City and LTD have agreed that L TD may proceed with the initial site work as more
particularly described in Exhibit A upon the execution of an Indemnification and Hold Harmless
by LTD,
Accordingly, in consideration for allowing initial site work as more particularly described
and set forth in Exhibit A to proceed on the Gateway Mall property for the relocation of the
Gateway Mall transit platform from the interior of Gateway Mall to the west edge of Gateway
Street between Umpqua Bank and the Roadhouse Grill, L TD hereby provides the following
Indemnification: .
INDEMNIFICATION, To the extent allowed by the Oregon Constitution and the Oregon
Revised Statutes, Lane Transit District agrees to defend, indemnify, and save the City of
Springfield harmless from any claims, liability or damages including attorney fees arising out of
any error, omission or act of negligence on the part Lane Transit District, its officers, agents, or
employees in the performance of the site work permitted by this Agreement.
STATUS. In accomplishing the site work specified in this Agreement (and any associated
services) Lane Transit District is a public bOdy and maintains its publiC body status as specified
in ORS 30,260. lane Transit District retains all immunities and privileges granted it by the
Oregon Tort Claims Act (ORS 30.260 through 30.295) and any and all other statutory rights
granted as a result of its status as a local public body.
RESTORATION. In the event that the relocation of the Gateway Mall transit platform is not
agreed upon by General Growth and LTD, is not completed for any reason or does not diligently
proceed within 1 year from the date of this agreement, L TD shall at its expense reasonably
restore the site to its original state, subject to agreement with City and General Growth.
INDEMNITOR:
LANE TRANSIT DISTRICT
u~
By:
Its:
General Manaqer.
I
INDEMNITEE:
CITY OF SPRINGFIELD
~~; Citvl'fI/l-:(} -'IX-
REVIEWED &. APPROVED.
AS TO FORM
~b>~"" J L \!:l'\,.....
DATE:~J~\",1;
OFfiCE OF CITY ATTORNEY
Page 2 - INDEMNIFICATION AND HOLD HARMLESS/AGREEMENT FOR INmAL SITE WORK TO PROCEED BY
LTD ~OR TRANSIT FACILmE5 ON GATEWAY MALL PROPERTY PRIOR TO EXECUTION OF DEVELOPMENT
AGREEMENT. ./.' -.
....... -"- ,- ~ ~ --- ~ ..
. I '.. \1.... ,
Page 1 of 1
L1MBIRD Andrew
From: SIMMONS Charlie [Charlie.Simmons@ltd.org]
Sent: Wednesday, July 02, 2008 10:10 AM
To: . L1MBIRD Andrew
Cc: Mark Young
Subject: RE: Edited Hold Harmless Agreement
Thanks - We review, sign and return
Charlie Simmons
Facilities Manager
Lane Transit District
Ph: 541-682-6129
-----Original Message-----
From: 11MBIRD Andrew [mailto:alimbird@cLspringfield,or,us]
Sent:'Wednesday, July 02, 20089:51 AM
To: SIMMONS Charlie
Cc: Mark Young
.-.Subject: FW: Edited Hold Harmless Agreement
If the attached agreement looks good please.print off a copy, sign, and return to me for final City signature. .1'11
send you a final copy for your records. Thanks
Andy
From: 11MBIRD Andrew
Sent: Monday, June 30, 2008 10:24 AM
To: SIMMONS Charlie; 'Mark Young'
Subject: Edited Hold Harmless Agreement
Mark: Attached is an updated Hold Harmless Agreement with the suggested language ("and installation"... [of
some landscaping islands]) along with an added clause for restoration of site features as recommended by the
City Attorney. Please review and comment so we can finalize this agreement. Thanks
Andy
Dattl r~GCeived' 7;IJ. /:;'00 r
Planner: AL / .
7/2/2008
L1MBIRD Andrew
From: Mark Young [mark@rowellbrokaw.com]
Sent: Friday, June 27,20083:05 PM
To: UMBIRD Andrew; 'SIMMONS Charlie'
Cc: McCORMACK Joe; Greg Brokaw
Subject: RE: Draft Hold Harmless Agreement
Andy,
Under #7, can you add: "... removal and installation of some landscaping islands....
Thanks,
Mark Young
Rowell Brokaw Architects
One East Broadway. Suite 300
Eugene, OR 97401
Ph: (541) 485-1003
Fax: (541) 485-7344
mark(Q)rowellbrokaw .~!!!
From: 11MBIRD Andrew [mailto:alimbird@ci.springfield,or,us]
Sent: Friday, June 27, 2008 2:37 PM
To: Mark Young; SIMMONS Charlie
Subject: Draft Hold Harmless Agreement
Page 1 of1
Please review the attached draft agreement and send comments to me at your earliest convenience. Thanks
Andy Limbird
City of Springfield
Date Received'
Planner: AL
6/27/2008
0?jUior
/
Page 1 of 1
,
L1MBIRD Andrew
From: GRILE Bill
,'Sent: Friday, June 27, 20082:43 PM
To: L1MB(RD Andrew
Cc: LEAHY Joe (HL); SIMMONS Charlie R
Subject: RE: Hold Harmless Agreement with L TD
Thanks Andy. Please stay close to this request as if it takes too long t.o do the agreement there is no point in
pursuing the appr?ach, and the agreement is an easy way for us to partner with L TD and be helpful to the Mall.
...Bill
From: 11MBIRD Andrew
Sent: Thursday, June 26, 2008 8:40 AM
To: LEAHY Joe (HL)
Ce: L.orelei Kyll.onen; GRILE Bill
Subject: H.old Harmless Agreement with LTD
Joe: Lane Transit District received tentative site plan appr.oval for relocating the Gateway Mall transit
platform from the site interior to the west edge of Gateway Street between Umpqua Bank and the
Roadhouse Grill. The applicant typically has up to 90 days to address the conditions of approval and
submit the Final Site Plan, whereupon staff and the developer execute a Development Agreement and
building permits then can be issued. One of the conditions for this approval is dedication of additional
public right-of-way for Gateway Street and an agreement between L TD and the City for operation of the
EmX system in north Springfield. The right-of-way dedication is still under review by General Growth
Pr.operties, and this has delayed submittal of the Final Site Plan (beyond the 90 day timeframe). General
Growth and L TD have a separate licensing agreement for operation and maintenance of the transit
facilities on Gateway Mall property. Staff and Gateway Mall Management wish to accommodate L TD's
project scheduling, and agreed yesterday t.o conditi.onally allow initial site work to proceed - on Gateway
Mall property .only - in advance of the executed Development Agreement. Most of the work involves at- .
grade rec.onfiguration of the parking lot, removal of some landscaping islands, installation .of a pedestrian
walkway with canopy, and extension of underground utility lines (mostly electrical). It appears there is
minimal risk to the City in these actions. However, it was agreed at the meeting yesterday that a Hold
Harmless Agreement w.ould be prepared for execution by LTD. The intent .of the Hold Harmless
Agreement w.ould be for L TD to restore the site to its original state should the project fail .or not proceed
within a reasonable timeframe (ie. one calendar year). Please let me know if we have a standard
agreement that can be modified for this project, and let me know if you have any questions. Thanks
Andy
Date Received: Vn/?pO!
Planner: AL
6/27/2008