x E Y yt A ,,; - <br />[ <br />ST 23-1 <br />SUBDIVISION PERFORMANCE AGREEMENT: <br />THIS AGREEMENT is made by and between Westgate Industrial Park LLC, (Developer) and the <br />City of Eugene, a municipal corporation of the State of Oregon, (City). <br />RFCITAI S <br />A. This Agreement concerns real property identified as Tax Lot 400 of Assessor's Map 17-04- <br />28-00, more particularly described in the attached Exhibit "A" (Property). <br />B. Developer has requested Subdivision (ST) approval to create 25 industrial lots, a stormwater <br />tract, a private street, and an associated infrastructure. <br />C. Approval by the City of the Developer's request is discretionary. The City's approval is given <br />in light of and because of the particular characteristics of the development as evidenced by <br />the plans and information submitted. Development of the project in strict compliance with <br />the 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 February 23, 2024, the Eugene Planning Director granted approval of a Subdivision <br />Review (ST 23-1) to create 25 industrial lots, a stormwater tract, a private street, and all <br />associated infrastructure. That approval became effective on March 11, 2024. <br />E. This Performance Agreement is required by section 9.7025 of the Eugene Code (EC). <br />AGRFFMFNT <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 February 23, <br />2024, approving Developer's ST application (ST 23-1) (Development Activities) <br />will be conducted in compliance with this Agreement, the Planning Director's <br />decision and application materials, and will conform to applicable provisions and <br />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 3 <br />