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