SF 19-8 <br />FINAL SUBDIVISION PERFORMANCE AGREEMENT: <br />THIS AGREEMENT is made by and between John N. Peterson, (Developer) and the City of <br />Eugene, a municipal corporation of the State of Oregon, (City). <br />RECITALS <br />A. This Agreement concerns real property identified as Tax Lot 00900 of Assessor's Map 17-04- <br />02-21 and more particularly described in the attached Exhibit "A" (Property). <br />B. Developer has requested final subdivision approval by the City to create and develop 8 <br />residential lots on the property zoned R-1 Low-Density Residential with /WR Water <br />Resources Conversation Overlay. <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 December 24, 2018, the Eugene Planning Director approved Developer's tentative <br />subdivision for the Property contingent upon 15 conditions of approval. The Planning <br />Director's decision became effective on January 10, 2019. 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 December 24, <br />2018 approving Developer's tentative subdivision application (Development <br />Activities) will be conducted in compliance with this Agreement and its attached <br />Page 1 of 5