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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