CU 18-1 <br />CONDITIONAL USE PERFORMANCE AGREEMENT <br />THIS AGREEMENT is made by and between the University of Oregon, hereinafter referred to as <br />"Developer," and the City of Eugene, a municipal corporation of the State of Oregon, <br />hereinafter referred to as "City." <br />RECITALS: <br />1. Developer will perform work on certain real property, hereinafter referred to as Tax Lots <br />5300, 5400, and 5500 of Assessor's Map 17-03-32-24; Tax Lot 300 of Assessor's Map <br />17-03-32-21; and Tax Lots 100, 103, 105, 1400, 1600, 1800, 2000, 2200, 2300, 2400, 2500, <br />2600, and 2700 of Assessor's Map 17-03-32-14. A legal description of the subject property is <br />attached as Exhibit "A". <br />2. Developer has requested Conditional Use Permit approval by the City for development <br />associated with new buildings and parking structures for education and research purposes, <br />recreational fields, pedestrian and bicycle pathways and crossings, vehicular circulation <br />enhancements, and enhancements and restoration of riparian areas along the Willamette <br />River and Millrace. <br />3. Approval by the City of Developer's request is discretionary. City's approval is given in light <br />of and because of the particular characteristics of the development as evidenced by the <br />plans and information submitted. Development of the project in strict compliance with the <br />plans as submitted and approved is necessary to protect the public health, safety, and <br />welfare. Therefore, the public interest requires that the City obtain the Developer's <br />promise to develop in accordance with the plans as submitted and approved. The City does <br />not intend to bestow a benefit on individual third parties, but rather to protect the public <br />interest by obtaining compliance with the laws, ordinances, resolutions, rules, and <br />regulations governing the development of real property within the City. <br />4. On October 31, 2018, the Eugene Hearings Official granted approval of the Developer's <br />request contingent upon five (5) conditions. The approval became effective on November <br />13, 2018. Final site plans are attached as Exhibit "B" and incorporated herein by reference. <br />The approval conditions are noted below, with conditions A through D being met with the <br />revised and approved final site plans attached to this agreement as Exhibit "B" and <br />incorporated herein by reference. Condition E is required with each building permit <br />application: <br />A. The final plans shall clearly identify the size, variety and critical root zones of the <br />significant cluster of trees located on the north side of the railroad tracks and east of <br />the existing bicycle underpass, as described in the applicant's narrative and in Policy <br />B.3 of the Riverfront Park Study. A note on the final plans shall state that future <br />development in this area must ensure preservation of that significant cluster of <br />trees, including protection of their critical root zones. <br />Page 1 of 5 <br />