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HomeMy WebLinkAboutAgreement APPLICANT 10/1/2008 " .. .~ ~ PARKING AGREEMENT PARTIES: THE OLYMPIC, LLC, an Oregon limited liability company Address: P.O. Box 26125 Eugene, Oregon 97402 (Olympic) JERRY'S BUILDING MATERIALS, INC., an Oregon corporation Address: P.O. Box 2611 Eugene, Oregon 97402 (Jerry's) It has been demonstrated to the City of Springfield Development Services Director (Director) that the minimum o(f-street parking requirements set forth in Section 4.6-125 of the Springfield Development Code for the Wilco property described on the attached Exhibit A (Wilco Property) can be provided on the Jerry's property described on the attached Exhibit B (Jerry's Property). Section 4.6-11 O(E) of the Springfield Development Code allows the Director, upon application by all of the involved property owners, to authorize joint use of the parking facilities, provided that: I. The applicant shall demonstrate that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of parking facilities is proposed; 2. The parties concerned in the joint use of off-street parking facilities shall provide evidence of agreement for the joint use by a legal instrument approved by the City Attorney. An agreement for joint use of parking facilities shall provide for continuing maintenance of jointly used parking facilities; and 3. The agreement shall be recorded at Lane County Deeds and Records at the applicant's expense. The Director has allowed an exception to Section 4.6-125 of the Springfield Development Code conditioned upon the signing of this Parking Agreement. This agreement authorizes 20 parking spaces on the Jerry's Property to accommodate parking for the uses on the Wilco Property, and Jerry's consents to allow said 20 parking spaces upon the Jerry's Property to be used in the calculations of the requirements for the uses on the Wilco Property. This Parking Agreement shall become effective on the date hereof and shall be valid until the expiration or termination of the Real Property Lease between Jerry's and Olympic of even date herewith at which time the agreement shall automatically terminate. 1 - Parking Agreement Macintosh HD:Users:alanevans:Library:Mail Downloads:Parl<.ing Agreement 0821 08-1 ,doc uate ReCeiV8d:~/ 'Z--CT!lr Planner: MM f~ (-5' f~ ~ r:. .. '" . This Parking Agreement shall be applicable only to 20 parking spaces on the Jerry's Property as designated by Jerry's from time to time. The parties acknowledge that the 20 parking spaces shall be for the mutual nonexclusive use as a parking area of all invitees and/or permittees of the uses located on both the Jerry's Property and the Wilco Property. Jerry's shall fully maintain the 20 parking spaces hereunder; provided, that in the event Wilco or any of its agents, employees, invitees, or customers cause damage to the Jerry's Property, Olympic shall pay the full cost of repairing the same and shall indemnify and hold Jerry's harmless therefrom. o. j This Parking Agreement inures to the benefit of and binds the parties, their successors and ~ tii ,",ig". fbi, 'g",mffi' m" ""' b, =,"doo wi'",", 'ppro,,' ,fib, Di,,"",. III! i This Parking Agreement is authorized by the Director as allowed under 4.6-110(E) of the Springfield Development Code on ~I-.:J. <; ,2008. "'" " "'oo' :". D'~'k '.a: COUNTY OF LANE ) ~ This instrument was acknowledged before me o~' Sep mber 25, 8, by~ark Metz~: ' Planner III.oCity of Springfield. f'A~ . /' . - - .... --' - Notary Public fo Oregon ,2008. My Commission Ex res: May 27, 20~2 Signed and agreed to, on sepI-. I "l. THE OLYMPIC, LLC By #%~/r S.~R. Yet~ember . JER\"S BUILDING MATERIALS, INC. BJiP~Jt (C~ Dennis G. Orem, President STATE OF OREGON ) ) ss. ) COUNTY OF LANE This instrument was acknowledged before me on ~. 1'2. Member of The Olympic, LLC, an Oregon limited liability company. . , 2008, by S. R. Yett, ~ I) OFAcw.S~ . -j . . PAMELA J DUNCAN . f NOTARY PUBUC-OREGON COMMISSION NO. 419573 MYC?MMISSION i:XP1RES SEPT. 20, 2011 .f)/1~j)/;,)!. --' Notary Public fo~ Oregon My commission expires: 9-Z0-Z,C>1( 2 - Parking Agreement Macintosh HD:Users:alanevans:Library:Mail Downloads:Parking Agreement 082108-3.doc PrT .' ~~ . > . STATE OF OREGON ) ) ss. COUNTY OF LANE ) This instrument was acknowledged before me on~ .;)4- , 2008, by Dennis G. Orem, President of Jerry's Building Materials, Inc., an Oregon corPoration. 1~~~-~~~~~~~~~~=~~~-, OFFICIAL SEAL J I. . LORI A BRADFORD J I '\ ./ NOTARY PUBUC - OREGON .i . "" ...... COMMISSION NO. 397462 I ~~~~~~~~~~~~~~~~~~~~j q .?.(). dCfJ9 Notary Public for Oregon My commission expires: 3 - Parking Agreement Macintosh HD:Users:alanevans:library:Mail Downloads:Parking Agreement 082108-1 ,doc fi 3 c EXHIBIT A LEGAL DESCRIPTION of Lands of Thc Olympic, LLC (Tax Map 17-03-25, Tax Lot 802) BEiNG those lands conveyed to The Olympic, LLC, an Oregon limited liability company, by that Special Warranty Deed recorded on July 28, 2005 at Reception Number 2005-058025, Lane County Oregon Official Records, being more particularly described as follows: Beginning at a point 60.0 feet South 8S' 03' 47~ East of the Southwest corner of the B. B. Powers Donation Land Claim No. 81, Section 25, Township 17 South, Range 3 West, of the willamette Meridian; thence South 88' 03' 47" East along the South line of said Donation Land Claim No. 81, 443.1 feet; thence North l' 57' 14~ East. 282.66 feet; thence South 88' 031 47" East, 98.4 feet thence North I' 51' 14" East, 298.91 feet; thence South 8S' 03' 47" East, 110.5 feet; thence North 1" 571 14" East, 59.3 feet, more or less, to the South boundary of the "Q" Street Floodway Channel; thence North 88' 0)' 47" West Feet, 652 feet to Easterly margin of 21st Street; thence South l' 57' 14" West, 640.75 feet, more or less, to the point of beginning, in Springfield, Lane County, Oregon; Pff 'f ", - .' .. o EXHIBIT B LEGAL DESCRIPTION of Lands of Pacific Coast Options, LLC (fax Map 17-03-25-43, Tax Lot 8000) BE1NG those lands conveyed to Pacific Coast Options, LLC, an Oregon limited liability company, by that Special Warranty Deed recorded on July 10,2001 at Reception Number 2001- 042512, Lane County Oregon Official Records and adjusted by that Property Line Adjustment deed recorded on August 12, 2002 at Reception Number 2002-060604, Lane County Oregon Official Records, being more particularly described as follows: A lract of land lying whhln the Southeast 1/4 quarter of Section 25. Township 17 $atrth, Range 3 West of the Willamette Maridi~n, Lane CountY, Oregon, begin described as follows: . Commencing at 'the Southwest comer of the 8.8. Powers Donation Land Claim No. 81, said comer being marked by a 23/4 inch dlarnsmr, brass cap inscribed "'971 - SW COR. 8.B. POWERS - DLe #81"; thence along me Sculh line of 'the 8.8. Powers Donallon Land Claim, South 880 OS' 47" East, a distanca of 503.10 feet to a 5/8 inch iron rod with an orange plastic cap inscribed "FNP' marking 1I1e True Point of Beginning of the met hesein described; thence North 01" 57' 48" Easl. a distance of 282.66 feet to a 5/8 inch rod with an orange plastic cap inscribed "FNF"; thence South 88" 03" 47" East. a distance of S8.4Ofeetto a 5/8 inch rod with an orange plastic cap inscn"bad "FNF"; mence North 01" 57' 48" East. a distance of 2S8.81 feet 10 a 5/8 Inch iron rod with pn orange pfaSlic cap inscribed "FNF"; thence South 8Sa 03' 47" East. a distance of 110.50 feet to a 5/S Inch iron rod with an oranse plastic cap inscn"bed "FNF"; thenCe Nom OtO 57' 48" East, a distance of59.49 fee't to a point in tile South right-of-way fine of tile "0" Street Floodway Channel,.said point being marked by a 518 inch it'ol1.1l'1f with an orange I'Jastic cap inscribed "FNF"; thence along said South rigltt-of-way fine,.~D<lt~$8" 04' 12" East. a QlSt2nce of 583.09 featto a 5/8' iton rod with an orange plastic cap iriSaibed "CONSULTING ENGINEERING SERVICes"; mence South 01. 56' 13" West. a distance of W.D3 feat to a 5/8" iron rod with an orange plastic cap inscribed "CONSULTING ENGINEERING SERVICES"; mence Nom 88" 03' 47" West, a distance of 792.27 fe9't to the True Point of Beginning, in Lane County, Oregon. r~ 5" " ~ A;"TERRECORDING RETURN TO: Date Received: SEP 2 9 2008 , PARKING AGREEMENT Final Submittal PARTIES: THE OLYMPIC, LLC, an Oregon limited liability company, Address: ,P.O. Box 26125 Eugene, Oregon 97402 (Olympic) .. . ---., /- JERRY'S'BUILDING MATERIALS, INC.? an Oregon corporation Address: P,O. Box 261 I Eugene, Oregon 97402 (Jerry's) It has been demonstrated 'to the City of Springfield Development Services Director (Director) that the minimum off"street parking requirements set forth in Section 4',6-125 of the Springfield Development Code for the Wilco property described on the attached Exhibit A (Wilco Property) can be provided on the Jerry's pr?perty described on the attached Exhibit B (Jerry's Property). Section 4.6' I 10(E) of the Springfield Development Code allows the Director, upon application by all of the involved propelty owners, to authorize joint use of the parking facilities, provided that: ' (' 'I. The applicant shall demonstrate that there is no substantial conflict in the principal operating hours of'the buildings or uses for which the joint use of parking facilities is proposed; 2. The parties concerned in the joint use of off-street parking fa~ilities shall provide evidence of agreement for the joint use by a' legal instrument approved by the City Attorney. An agreement' for, joint use of parking facilities shall'provide for continuing maintenance of jointly used parking facilitie's; and 3.' The agreement shall be recordcd at Lane County Deeds and Records at the applicant's expense, The Director has allowed an exception to Section 4.6-125 of the Springfield Development Code conditioned upon the signing of this Parking Agreement. This agreement authorizes 20 parking spaces on tlie JelTY's Property to accommodate parking for the uses on the Wilco Property, and Jerry's consents to allow said 20 parking spaces upon the Jerry's Property to be used in the 'calculations of the requirements for the uses on the Wilco Propeliy., This Parking Agreemerit shall become effective on the date hereof and shall be valid until the expiration or termination, of the Real Property Lease between Jerry's and Olympic of even date herewith at which time the agreement shall automatically terminate. , 9/2-1 !-zl7Pl Date Received: ~.d6'~ Planner: MM .~..,-~ Division of Chief Depuly Clerk Lane Counly Deeds and Records ,~~~.~~~,J~ 1 - Parking Agreement Macintosh HD:Users:alanevans:Library:Mail Downloads:Parking Agreemenl 06Z108-3.doc 111111111111 " 11/111111l1li" 11Il11I11I11I ~46 . 00 ?1~28~262~~:~J51214?J50051 , Date Rec~ill2008 01: 14 :35 PM RPR->lGRE Cnl=l t.iAanner,CWR 07 ' $25.00 $10.00$ll'.6'll' ~' .- '; This Parking Agreement shall be applicable only to 20 parking spaces on the JellY's Property as designated by Jerry's from. time to time. The parties acknowledge that the 20 parking spaces shall be for the mutual nonexclusive use as a parking area of all invitees and/or permittees of the uses located on both the Jerry's Property and the Wilco Property, Jerry's shall fully maintain the 20 parking spaces hereunder; provided, that in the event Wileo or any of its 'agents, employees, invitees, or customers cause damage to the Jerry's Property, Olympic shall pay the full cost of repairing the same and shall indemnify and hold Jeny's harmless therefrom. ... This Parking Agreement inures to the benefit, of and binds the parties, thei.r successors ane. i.~ assigrs., This'agreement may not be amended without approval of the Director. '.. i~ =1 .i This Parking Agreement is authorized by the Director as allowed' under 4.6-110(E) of the ~ ~ 2 il S"i,gfi,Jd O,,,'opm'" Cod", f<f>-~\' C.. . IIW STATE OF OREGON ) COUNTY OF LANE ) SS. i This instrument was "asknowledged before me on Sep~mber 2~08, BY' Mark Metz. Planner III, Cityof Springfield. t'f.,ff/(ff '-f/'&4<.-,/ . ' . Signed and agreed to, on Sept- i'i ,2008. Notary pubhc--foi Oregon My Commission ~xpires: May 27, 2012 , ' THEOL YMP1C, LLC , ----- By .#!y~;;r; J/)~~ S. R. \~Membey JE Y'S BUILDING MATERIALS, INC. 4r ('U , Dennis G. Orem; President STATE OF OREGON ) ) ss, COUNTY OF LANE ) This instrument was acknowledged before me on 5eer., l~, Member of The Olympic, LLC, an Oregon limited liability company. ,2008, by S, R. Yet(, ff ,.,.~ . OFFICIAL SEAL . , PAMELA J DUNCAN , .! NOTARY PUBUC-0REGON COMMISSION NO, 419573 MYCOMMISSION EXPIRES SEPT. 20, 2011 0~C)/:::'J: . Notary Public for Oregon My commission expires: 7;u')- UHJ 2 - .Pa rking Agreement Macintosh HD:Users:alanevans:library:Mail Downloads;Parking Agreement 062108.1.doc Date Received: SEP 2 9 2008 \ Final Submittal STATE OF OREGON ) ) ss. COUNTY OF LANE ) This in~trument was acknowledged before ~e on5..tr>t 'd6 Orem, President of Jerry's Building Materials, Inc., an Oregon corporation, ,2008, by Dennis G. c-~L~ r~--------'-'-'--'--"",' .~--_. I OfficlALSEAL ,n / I lORI A BRADFORD I I V ' NOTARY PUBLIC. OREGON I , I \\~ COMMISSION NO, 397462 f I '.::J, MYCOMMISSIONEXPIRES SEPTEMBER 20. 20091 ~-_-.---".--=-,---.""""-.-'.-"".-.- _.--..~J. Notary Public for OregOit My corpmission expires: Cr : '')..0 . d--CiP-; " Date Received: SEP 2 9 2008 Final. Submittal 3.- Parking Agreement Macinlosh HD:Users:alanevans:Library:Mail Down\oads:P:uking Agff<emenl 082108.3.doc EXHIBIT A LEGAL DESCRIPTION of Lands of The Olympic, LLC (Tax Map 17-03-25, Tax Lot 802) , BEING those lands conveyed to The Olympic, LLC; an Oregon limited liability company, by that Special Warranty Deed recorded on July-28, 2005 at Reception Nwnber 2005-058025, Lane County Oregon Official Records, being more particularly described as follows: " Beginning at a point 60.0 feet' South 88' 03 \ 47" East of the Southwest carner of the B. B. 'Powers Donation Land claim No. 51, Section 2S I Township 17 South, Range 3 West, of the Willalnette Meridian; thence South 8S' 03' 47" East along the South line of said' Donation Land Claim 'No. 81, 443.1 feet; thence "North l' 57' 1411 East, 282.G6 feet; thence South BS' 031 47" Eastr 96.4 feet thence North l' 57' 14" East, 298.91 feet: thence South 88' 03' 47'11 East/ 110.5 feet; thence-North l' 57' 141< Eas,t/59,,3 feet, rno;r-e,or less, to the South boundary of the "QII st'I"eet Floodway Channe'l; t.hence North 8S' 031 47'.1 West: Feet, 652 feet.'to Easterly margin of 21st: Street; thence SQuth l' 571 l'4"West, 640.75 feet, more or less, to the point. of beginning, 'in springfield, Lane county, Oregon; . l~ " Date Received: SEP 2 9 2008 Final Submittal ,. EXHIBIT B LEGAL DESCRIPTION of Lands of Pacific Coast Options, LLC (Tax Map 17-03-25-43, Tax Lot 8000) BEING those Imlds conveyed to Pacific Coast Options, LLC, an' Oregon limited liability company, by that Special Warranty Deed recorded on July.1 0,2001 at Reception'Number 2001- 042512, Lane County Oregon Omcial Records and adjusted by that Propcrty Line Adjustment deed recorded on August 12,2002 at Reception Number 2002-060604, Lane County Oregon Official Records, being more particularly described as follows: ' A lraCt 01 land lying within the Southeast l{4 quarter of Section 25, Township 17 South, Range 3 West orthe WiUamett9 Meridi~n. Lane County. Oregon, begin described as ronows: Commencing at 'the Southwest comer 01 the B.B. Powers Donation Land Claim No. 81, sai.i:l comer being marked bya 23/4 inch dlam'emr, brass cap inscribed '1971 - SW COR. 8.B. POWERS. OLC #81"; thence along the $Dum line'ofiha 8.B. Powers Donation Land Claim. SolJtJ1 88,0 03' 47" East. a distiilnce of 503.10 feet to a 5/8 inch iron rod with an orange plastic cap inscribed "FNP" inar1<ingihe True Poim of Beginning of thetra<:t herein'descrlbed; thence North 01 0 57' 4<\" East. a distance cf 262.66 feet to a 5/8 inch rod with an orange plaS'Jc capinscrlbed "FNF": thence 50ulh 88003' 47" east. a distance of 98.40 feet to a 5/8' , inch rod with an orange piastic: cap inscnllsd "FNF"; thence North 010 57' 48" East. a distance of 29B.81 feet to a 5/8 inch iron rod wifu an orans" plastic cap inscribed "FNF'; thence South 880 03' 47" East. a distlnce of 110.50 feet to a 5/8 Inch iron rod with an orange plaruc cap inscn"bsd "FNF"; 1hencs North OtO 57' 43" East, a distance ot'59.49 fee'! 'to a point In the Soum right-of-WolY fine ,of ths "Q' Stree! Floodway Channel,.said point baing marked by a 5/8 inch iro~ ,(PR with an or.nge plastic cap inscnoed 'FNF'; thanes along said South right-of-way r.ne,,~o,,1Ii:,g8. 04' 12" East. a OLSt,ance of 583;09 feet to a 5/8' iran rod whh an orange plastic cap inscribed 'CONSULTING ENGINEERING SERVICES";thence South 01056' 13" Wes'!, a diS"U3I1ce af W.o3fea'C'm a 5/8" iron rod with an' orange plastic cap inscribed 'CONSULTING ENGINEERING SERVICES"; thence North 880 03' 47' West, a dlstanca of 792.27feet to the True Poln\ of Beginning, iri Ltlna,County, Oregon. Date Received: SEP 2 9 2008 - Final Submittal