r <br />WG 16-1; SR 16-1; ARB 16-3 <br />PERFORMANCE AGREEMENT <br />THIS PERFORMANCE AGREEMENT is made by and between Arvind Patel on behalf of Valley Hospitality <br />LLC, hereinafter referred to as "Developer," and the City of Eugene, a municipal corporation of the <br />State of Oregon, hereinafter referred to as "City". <br />RECITALS: <br />Developer is the owner of certain real property, herein referred to as Tax Lot 1200 of <br />Assessor's Map 17-03-30-20, a legal description of which is attached as Exhibit A. <br />Developer has requested Willamette Greenway Permit, Site Review, and Adjustment Review <br />approval (City File # WG 16-1; SR 16-1; ARB 16-3) for a new hotel building and associated site <br />improvements such as landscaping, vehicle access, and parking areas on Tax Lot 1200 of <br />Assessor's Map 17-03-30-20. <br />Approval by the City of Developer's request is discretionary. City's approval is given in light of <br />and because of the particular characteristics of the development as evidenced by the plans and <br />information submitted. Development of the project in strict compliance with the plans as <br />submitted and approved is necessary to protect the public health, safety, and welfare. <br />Therefore, the public interest requires that the City obtain the Developer's promise to develop <br />in accordance with the plans as submitted and approved. The City does not intend to bestow a <br />benefit on individual third parties, but rather to protect the public interest by obtaining <br />compliance with the laws, ordinances, resolutions, rules, and regulations governing the <br />development of real property within the City. <br />4. On February 26, 2018, on remand from the Oregon Court of Appeals, the City of Eugene <br />Planning Commission granted final approval for the Developer's request, based on findings of <br />compliance with the applicable approval criteria and contingent upon 1 condition in addition <br />to 8 conditions initially adopted in the Eugene Planning Commission's September 19, 2016 <br />Final Order. The approval became effective as the City's final local land use decision on <br />February 26, 2018. The approval conditions are noted below, some of which (conditions (e) <br />through (i)) have been met as of August 7, 2018. <br />(a) Final landscaping consistent with the Landscape Plans and WR Restoration Plan (Sheets <br />1-1.1/1-1.2/1-1.3, revised 12-22-15) shall be installed before final occupancy. <br />(b) Tree protection methods listed on the Tree Preservation Plan (Sheet C110, dated 12-24- <br />15) shall be shown on plans submitted for a building permit and implemented during <br />construction. <br />Page 1 of 5 <br />