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HomeMy WebLinkAboutAgreement APPLICANT 7/30/2008 ~ . I I I I I I . . REVOCABLE LICENSE AGREEMENT ATTACHMENT 8 ACCESSWA YS RECITALS WHEREAS, in 1978 Eugene Water & Electric Board, "EWEB," granted a Revocable Nonexclusive License to Lane County, "County," to construct and maintain a bicycle and pedestrian way, "Bikeway," upon and across tbe north approximate 12 feet of . EWEB property between tbe easterly side of North 3rd Street and tbe westerly side of North 31 Sl Street north of Springfield, Oregon (EWEB Document #6268, a copy of which is attached, marked Exhibit A), and WHEREAS, EWEB in 1982 granted Lane County an Amendment to Revocable License, licensing four connectors (EWEB document #6268, a copy of which is attached, marked Exhibit B), and WHEREAS, SC Springfield LLC, or SUccessor developers; owners or assigns, collectively referred to as "Developer," is undertaking to develop, plan and ' construct The Villages at Marcola Meadows, or parts tbereof, "Project," on properties, a description of which is marked Exhibit C, attached, and. ' WHEREAS, tbe City of Springfield, "City," Developer, County, Willamalane Park & Recreation District, "Willama1ane," and EWEB are interested in continuing tbe above-mentioned 1978 Revocable License and tbe 1982 Amendment, as well as providing this further revocable license on EWEB property for partial reconstruction of tbe Bikeway and construction of three new Accessways, "Accessways," and, WHEREAS, for purposes of this Agreement "Licensees" means Developer, Willamalane, County, and City, and WHEREAS, EWEB, Willamalane, City, and County are each public bodies and maintain tbeir public body status as specified in ORS 30.260. The public bodies understand and acknowledge tbat each retains all immunities and privileges granted tbem by tbe Oregon Tort Claims Act (ORS 30.260 through 30.295) and any and all otber statutory rights granted as a result oftbeir status as local public bodies. NOW, THEREFORE, tbe parties agree as follows: 'I " AGREEMENTS 1. EWEB grants unto Developer a revocable license to reconstruct, and to Willamalane to operate, maintain and repair tbe existing Bikeway upon and across tbe north approximate 12 feet of EWEB property as described in Exhibit D attached hereto, and diagrammed on Exhibit E attached hereto. ,... . Date Received: .' .' JUl 3 0 2008 Final Submittal --:- PAGE B-1 I :) . . 2. EWEB further grants unto Developer a revocable license upon and across EWEB . property to construct, and to City to operate, maintain and repair three 12- foot bicycle and pedestrian Accessways connecting to the existing Bikeway on EWEB property at or near the locations shoWn on Exhibit E, attached hereto. 3. Developer shall reconstruct a portion of the existing Bikeway (as shown on Exhibit E) in accordance with standards stated in this Agreement. The existing .Bikeway will be reconstructed in its same location. Construction shall occur coincident with construction of Phase 1 of the Project. Develop~rwill include reconstruction plans in the Phase I Tentative Subdivision and Phase I Public Improvement Plan for City approval, the approval of which shall not be unreasonably withheld. 4. Developer shall construct the three new Accessways, including portions that cross EWEB property, in accordance with standards stated in this Agreement. . Construction of Accessways shall occur coincident with construction of the adjacent residential area of the Project, the specific timing ofwmch is presently unknoWn but can be projected to occur during the life of the Master Plan, which is expected to be seven (7) years, but in no case shall exceed fifteen (15) years from the date of approval, December 20,2007. Developer will include Accessways construction plans in applicable Tentative Subdivision plans at such time of adjacent residential area development. Plans will be submitted to City and EWEB for approval. 5. Developer is responsible for all permits, costs, staging and clean-up of debris associated with reconstruction of the Bikeway and construction of the Accessways, including repair or replacement of existing improvements to remain or replacement of EWEB property or monuments disturbed by construction. 6. Developer shall encourage the use of graffiti-resistant fencing along the common property line between Marcola Meadows and the EWEB property. . . 7. Lane County shall continue to repair and maintain the Bikeway as agreed in the . agreements of 1978 and 1982, which, except as modified by this Agreement, remain in effect. With EWEB's consent, Lane County may enlist the services of Willamalane or others to carry out its responsibility for repair (including patching and sealing) and maintenance. At this point Lane County assigns Willamalane, and Willamalane agrees to carry out, repair and maintenance of the portion of the Bikeway diagrammed on Exhibit E. In the event this license is terminated or Willamalane no longer repairs or maintains the Bikeway, Lane County will remain responsible for the repair and maintenance. Upon their construction by the Developer, City.shall maintain and repair the three new Accessways as shoWn on Exhibit E. Maintenance and repair of the reconstructed Bikeway and constructed Accessways includes, but is not limited to, keeping them repaired I I I , Revocable License Agreement Page 2 of6 PAGE 8-2 , ,.. -0 ~ '0) o CI) cr .& III o ~ <::> ...., -' => -. I I I I I I 11. . Date Received: JU~ 0 2008 f Final Submittal (including patching and se.aling) and clean of all graffiti, debris or unsightly accumulation of paper, burnable materials, weeds, grass, etc. 8. Before Developer commences any construction or reconstruction on EWEB property, Developer shall give the other parties thirty (30) days advance notice. 9. Licensees shall take reasonable measures to prevent any activity or use of EWEB property for other than the described Bikeway and related Accessways, and shall take reasonable measures to prevent any activity that will damage or interfere with EWEB' s facilities and utility operations. 10. Licensees and their permittees will abide by, and enforce, all laws, regulations and ordinances applicable to the Bikeway and Accessways. Licensees shall allow EWEB personnel and equipment (including trucks and other machinery) continuous access to EWEB property on or near Bikeway and Accessways for utility or any other purposes. EWEB may excavate or construct structures on the property. Except in emergencies, ifEWEB anticipates any. construction or excavation that will damage or limit access to Bikeway or Accessways, EWEB shall provide no less than 30 days prior written notice to Licensees. In such instances, EWEB will, to the extent practical, bring the fill material back up to grade. 12. EWEB shall continue to provide mowing and other maintenance responsibilities in the utility corridor adjoining Marcola Meadows. EWEB will continue to mow areas as they currently do. 13. EWEB shall not be responsible for any costs or expenses of construction, repairs or maintenance. 14. EWEB may terminate all or any part of this License Agreement Upon ninety (90) days written notice to Licensees at EWEB' s sole discretion. If the license is terminated, all existing duties to perform construction or reconstruction related to the partes) terminated also terminate. 15.. Developer will pay for all adjustments, relocations, or conflicts with current or future EWEB utility facilities and operations, caused by Bikeway or Accessways construction. 16. To the extent allowed by the Oregon Constitution and the Oregon Revised Statutes, including specifically but not limited to the Oregon Tort Claims Act (ORS 30.260 through 30.295) EWEB, Willamalane, City, and County each agree to defend, indemnity, and save the other parties, including Developer, harmless from any claims, liability, or damages including attorneys fees arising out of any Revocable License Agreement ~ Page 3 of6 PAGE 8-3 " .1 f I ~ ilte Received:, JUL 3 0 2008 1 . Final Submittal error, omission, or act of negligence on the respective part ofEWEB, Willamalane, City, or County, its respective officers, agents, or employees in the performance of this Agreement. 17. Developer agrees to defend, indemnify, and save the public bodies harmless from any claims, liability, or damages including attorneys fees arising out of any error, omission, or act of negligence on the part of the Developer, its officers, agent, or employees in the performance of this Agreement. 18. All construction or reconstruction of Bikeway or Accessways will be constructed to Springfield Development Code (SDC) standards as follows: a. The three new Accessways will be constructed in accordance with SDC Section 4.6-160, Accessways, except for Subsections B.2 and B.3. The portion of the new Accessways on Proj ectproperty will be in the 20 foot wide dedicated public right-of-way. b. Reconstruction of the Bikeway will be in accordance with SDC 4.2-150, and the Springfield Engineering and Design Standards and Procedures Manual 5.03.5 Muiti-use Paths, except: 1) The installation of lighting along the reconstructed portion of the Bikeway project described in this Agreement shall not be required. This statement shall not preclude the installation oflighting by others as part of any future Bikeway improvement project; 2) The standard 2 feet or greater clear distance on either side of the reconstructed way may be reduced as necessary to allow the reconstructed way to follow its current alignment between fencing and utility poles. Should the available clear distai1ce between fencing and utility poles be less than the 10 foot standard width, the reconstructed way may be narrowed as necessary, but to not less than 8 feet. 19. City shall inspect and may approve the construction and reconstruction of Bikeway and Accessways and shall provide the other parties documentation of compliance ,vith the standards recited in this Agreement. 20. After reasonable notice to EWEB, Licensees, as applicable and as associated with each Licensee responsibility herein, may exercise reasonable access over the EWEB property during construction, reconstruction, repair or maintenance of Bikeway and Accessways. As associated with their respective responsibility herein, Licensees will restore the property to a reasonably safe, smooth and clean Revocable License Agreement Page 4 of6 PAGE 8-4 -- ---.._--_._..~ - 21. 22. . I', j: , i I r I' i: 'II ! II 'I' 111 III ,I !! . solid surface. Licensees shall not in any way interfere with EWEB operations, , equipment or facilities. No modification of the Agreement (including addition or deletion ofaparty) shall be valid unless in writing signed by the parties hereto. Neither this Agreement .' nor any rights or duties hereunder may be assigned or transferred without the consent of the other parties, which consent shall not be unreaSonably withheld. . Subject to this requirement, this Agreement shall be binding on and inure to the benefit of the parties, their successors, and assigns. <( . =0> -.= .- - .<:IUI :E ";C ><w W q[]J All notices regarding' this Revocable License shall be sent to the following parties listed below. Written notice shall be deemed to have been given three (3) days after being mailed by first class mail with appropriate postage to the following addresses. Any party wishing to change its notice address may do so only upon notificatio,n to the other ,parties as provided in this paragraph. Notice sent to the last address provided by the party shall be deemed to have been given to that party and binding on that party if sent in the manner described in this paragraph. - UI llJ';( lOW ~"C .<:IGl '- "0 ..c: c: >< Gl wE <( <Ell I 0> lOt:: ~ CD .<:Ill .- 0 ..c: ~ Jlc.. EWEB: Mark Oberle Property Manager Eugene Water & Electric Board PO Box 10148 Eugene, OR 97440 DEVELOPER: Jeff Belle Managing Partner SC Springfield LLC 7510 Longley Lane, Suite 102 Reno, NY 89511 <1IIJI c ~ = 0 -"0 :0 "i: .- ~ ,..c: 0 ><u W WILLAMALANE: Greg Hyde Planning & Development Manager Willamalane Park & Recreation District 250 South 32nd Street Springfield, OR 97478-6302 LANE COUNTY: ' Shashi Bajracharya Senior Engineering Associate Lane County Public Works 3040 North Delta Highway Eugene, OR 97408-1696 CITY: Dan Brown Public ,Works Director City of Springfield 225 Fifth Street Springfield, OR 97477 - ,W > '= ~ .,;:;: ~ ,.<:I Gl .- '" ..c: ._ :Jllll <liI m - c: Gl E ..c: " .. - :i: r Date Received: JUL 3 0 2008 Final Submittal , I , I J , , , , . Revocable License Agreement Page 5 of6 PAGE 8-5 il,lf !'i~ ~ . . 'I , 23. With their signature below, the parties to this. Revocable License Agreement hen:by agree to the terms hi;:n:in. " 1 I , \.1 ..1 III I ~ 6' ~/S~D Y Date <mE: =l:'" :!::::::;:;E .c Ul '" '-.- CD .<:><~ >< W Cl W < Randy Ber en Generalanager Eugene ater &. E.1f2('~:'.B""./.~Ci..7 j/.( .".J . v' Jeff" I M "aging Partner SC Springfield LLC <rTIlIl1ll ,)- r ~~O? Date - Ul .- ~ lll><r: =w'" :':"t:IE .c .. '" .- ""C a: .<: l: ~ >< '" r: W E <I < ....... ~,y..I~ Bob Keefer " Superintendent .. . WilhimaJane Park & Recreation District s/rJ!C'l' Date u >-' = 1::: =:(1) .c Co' .- 0 .<: ~ ><D. W I <1IlIJ1 Q~ ct?~" Dan Brown " Public Works Ditector. . City of13pringfield c~ =0 :::,"'C ..cot: .- ~ '<:0 ><u W dlS-( ,,~ Date ... ~~ ~ . ~ . 0 . "_ .!;? -22 ~ 00 JHfSparlz Dlt....w- S..-,o..d-<A<- Date Gelmty himiffisttatoi?lJ)." It'c. (.)~S" DIR"C/izK-.. Lane Coimty W _ . co n . - 3 :0 (I .- .. .<:.. .lla <(jJ r '" ~ r: " E .J:. ~ . . ~ Date Received: JUL 30 2008 .d"ll Final Submittal Revocable License Agreement Page 6 of6 PAGE 8-6 :i ill 'J ' "e- ~J - . , , , I .. q 8' i . . " ~! 8 ! i . 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