PDF 05-6) <br />PLANNED UNIT DEVELOPMENT AGREEMENT <br />CRESCENT VILLAGE PUD PHASE 1 - CRESCENT TOWNHOMES <br />THIS AGREEMENT is made by and between Oregon Estates LLC, hereinafter referred to as <br />Developer," and the City of Eugene, a municipal corporation of the State of Oregon, hereinafter <br />referred to as "City." <br />RECITALS: <br />Developer is the owner of certain real property, hereinafter referred to as a portion of Tax Lot 3800 <br />of Assessor's Map 17-03-16-24, legally described as Lots 18-81 of Crescent Village 2"d Addition <br />Subdivision, as platted and recorded at Lane County Deeds and Records, Lane County, Oregon, <br />County Survey File No. 39517 <br />2. Developer has requested final planned unit development approval by the City for Crescent Village <br />PUD Phase 1 - Crescent Townhomes (PDF 05-6), to develop 40 detached townhouses and 24 <br />rowhouses, on a portion of Tax Lot 3800 of Assessor's Map 17-03-16-24, which is zoned R- <br />4/PD/ND, High Density Residential with Planned Unit Development and Nodal Development <br />overlays. Approval by the City of such a request is discretionary. Approval is given in light of and <br />because of the particular characteristics of the development, as evidenced by the plans as submitted. <br />Development of the project, in strict compliance with the plans, as submitted and approved, is <br />necessary to protect the public health, safety, and welfare. Therefore, the public interest requires <br />that the City obtain from the Developer an enforceable covenant to develop in accordance with the <br />plans as submitted and approved. There is no intent on the City's part to bestow a benefit on <br />individual third parties but rather to protect the public interest by obtaining compliance with the <br />laws, ordinances, resolutions, rules, and regulations governing the development of real property <br />within the city. <br />3. On May 28, 2004, the Eugene Hearing's Official granted tentative planned unit development <br />approval (PDT 04-1) with conditions to be met in a final planned unit development application. On <br />September 29, 2005, the Eugene Planning Director granted final planned unit development approval <br />without conditions of the Developer's request. <br />4. In addition to the requirements set forth in this Agreement, applicable codes, statutory requirements, <br />and relevant approval conditions and requirements from previous decisions or agreements of record <br />remain applicable to the subject property. <br />5. The final revised and approved plans for the subject development are attached as Exhibit "A" and by <br />this reference are incorporated herein. <br />NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, as a <br />condition precedent to the granting of this final planned unit development approval by the City, <br />Developer also agrees as follows: <br />Pagel of$