HomeMy WebLinkAboutAgreement APPLICANT 7/30/2008
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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:
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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
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PAGE B-1
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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.
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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
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Revocable License Agreement
Page 2 of6
PAGE 8-2
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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
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Page 3 of6
PAGE 8-3
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ilte Received:,
JUL 3 0 2008
1
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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
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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.
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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.
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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
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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
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Date Received:
JUL 3 0 2008
Final Submittal
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Revocable License Agreement
Page 5 of6
PAGE 8-5
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23.
With their signature below, the parties to this. Revocable License Agreement
hen:by agree to the terms hi;:n:in. "
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Randy Ber en
Generalanager
Eugene ater &. E.1f2('~:'.B""./.~Ci..7
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Jeff" I
M "aging Partner
SC Springfield LLC
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Bob Keefer "
Superintendent .. .
WilhimaJane Park & Recreation District
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Dan Brown "
Public Works Ditector. .
City of13pringfield
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Date Received:
JUL 30 2008
.d"ll
Final Submittal
Revocable License Agreement
Page 6 of6
PAGE 8-6
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