SF 21-5 <br />FINAL SUBDIVISION PERFORMANCE AGREEMENT: <br />THIS AGREEMENT is made by and between Sean Barnes for A20th Rowhouse LLC, (Developer) <br />and the City of Eugene, a municipal corporation of the State of Oregon, (City). <br />RECITALS <br />A. This Agreement concerns real property identified as Tax Lots 07900 and 07901 of Assessor's <br />Map 18-03-06-11 and more particularly described in the attached Exhibit "A" (Property). <br />B. Developer has requested subdivision approval by the City to develop 12 rowhouse lots on <br />the Property zoned R-2 Medium-Density Residential. <br />C. 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 promise <br />to develop in accordance with the plans as submitted and approved. The City does not <br />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 />D. On May 19, 2021, the Eugene Planning Director approved Developer's subdivision <br />application for the Property contingent upon 9 conditions of approval. The Planning <br />Director's decision became effective on June 8, 2021. The approved final site plans are <br />included as Exhibit "B" to this Agreement. <br />E. This Performance Agreement is required by section 9.7025 of the Eugene Code (EC). <br />AGREEMENT <br />NOW, THEREFORE, as required by EC 9.7025 and in consideration for issuance of development <br />permits for the Property Developer agrees as follows: <br />1. Scope of Work: Developer agrees to all of the following: <br />a. All construction, development, improvement, landscaping, lighting and design, <br />or construction and continuing maintenance activities conducted on the <br />Property in connection with the Planning Director's decision dated May 19, 2021 <br />approving Developer's subdivision applicaiton (Development Activities) will be <br />conducted in compliance with this Agreement and its attached exhibits and will <br />conform to applicable provisions and requirements of the City Code. <br />b. All Development Activities will be conducted under the supervision of a licensed <br />general contractor. <br />Page 1 of 4 <br />