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HomeMy WebLinkAboutAgreement PLANNER 3/17/2009 .... ~. I / IMPROVEMENT AGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement; includes Waiver of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter referred to as City, and, The Citv of Sorinofield. a l)1uniciDal corD oration , hereinafter referred to as Applicant(s), do covenant and agree with respect to the real property described below as follows: 1. Applicant(s) warrants and represents to the City of Springfield that it is the owner of the property more particularly described and set forth in Paragraph 7 below and, as owner, has the authority to enter into this Improvement Agreement with the City of Springfield. 2. Applicant(s) desires Development Approval from the City with respect to the following Development Application ;-('\ No 1'1C(& - c/..J> 1I"i<.. . 3. The development will cause both an immediate and long-term demand on the various public facilities of City and Lane County including the specific public improvements necessitated by the development as set forth in paragraph 6. 4. This Improvement Agreement is an alternative to imposing a condition on Applicant's development approval that the Applicant make immediate construction of any public improvement that the development necessitates. The objective is to promote efficiency, coordination, and spread costs by providing an opportunity for a district wide improvement mechanism where construction occurs in a coordinated project with the participation of adjacent and other properties in the area, instead of requiring immediate improvement in conjunction with each development application. There is no guarantee, however, that such a coordinated project will be possible and the City reserves the right to require construction of the improvements in the future at City discretion. 5. (a) Applicant and City agree that Applicant will pay the cost of the following public facility improvements described in Paragraph 6 in accordance with respective cost assumption policy established by City at the time the City determines to undertake and complete such public improvements. (b) Applicant and city acknowledge and agree that the cost of such improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater that the costs that would be apportioned if the improvements were constructed immediately or by Applicant now or later. (c) Applicant acknowledges that the timing of the construction of such improvements is within the sole and exclusive direction of the City. \ \ '\ 6. (a) STREET IMPROVEMENTS along the frontage of Game Farm Road 6olOj to include: ( X ) surface paving; ( X ) storm sewers; ( X ) sanitary sewers; ( X ) curbs; ( X ) gutters; (X) planter strips; (X) street trees; ( X ) street lights; ( X ) sidewalks. \ , , \ , \ , \ , \, \ \ (c) OTHER IMPROVEMENTS \ 'lcant acknowledges that the list of marked improvements refiect those that would currently be "(3d under the appropriate City codes and ordinances. Applicant acknowledges that it understands '~ improvements made will be those required to brin.g the street to full urban standards for the then functional classification of the street as those standards exist at the time the improvements are '1..may, therefore, differ from the list of improvements checked herDate Received: .1 -11 ~o9 Planner: (b) TRAFFIC SIGNALS at the intersection of \ L ,g-03\ {'l'l- 1'\ Division of Chief Depuly Clerk Lane Counly Deeds and Records l~~l.~Om~ 11111111111111111111111111111111111111111111 $4\.00 '\~30992200201672740\30034 08/29/2002 03:28:28 PM lPR-RGRE Cnl=2 Sln=7 CRSHIER 06 ;.00 $15.00 $10.00 $11.00 \ \ RETU CITY \ SPRlNl ,)N: (SEE EXHIBIT "A") )RKS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON. 97477