HomeMy WebLinkAboutPerfomance AgreementAM
• Planning
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March 29, 2019
COLIN MCARTHUR
CAMERON MCCARTHY ET. AL
160 E BROADWAY
EUGENE OR 97401
PERFORMANCE AGREEMENT FOR:
UO NORTH CAMPUS (CU 18-1)
Enclosed for your records is a fully executed copy of your agreement and approved plans.
Copies of the agreement and approved plans are on file with the Eugene Building Division for
your convenience when applying for building permits related to this project. For more
information regarding the building permit process, please contact staff at the Permit and
Information Center between 9 a.m and 5 p.m. at the address listed above or by telephone at -
(541) 682-5086.
If you have questions regarding this agreement, please contact Nick Gioello at (541) 682-5453.
Sincerely,
r7
Amy Janisch
Land Use Planning Specialist
Enclosure
cc: Emily Eng, U of 0 Planning Office
City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax
%"vw.eugene-or.gov/planning
CU 18-1
CONDITIONAL USE PERFORMANCE AGREEMENT
THIS AGREEMENT is made by and between the University of Oregon, hereinafter referred to as
"Developer," and the City of Eugene, a municipal corporation of the State of Oregon,
hereinafter referred to as "City."
RECITALS:
1. Developer will perform work on certain real property, hereinafter referred to as Tax Lots
5300, 5400, and 5500 of Assessor's Map 17-03-32-24; Tax Lot 300 of Assessor's Map
17-03-32-21; and Tax Lots 100, 103, 105, 1400, 1600, 1800, 2000, 2200, 2300, 2400, 2500,
2600, and 2700 of Assessor's Map 17-03-32-14. A legal description of the subject property is
attached as Exhibit "A".
2. Developer has requested Conditional Use Permit approval by the City for development
associated with new buildings and parking structures for education and research purposes,
recreational fields, pedestrian and bicycle pathways and crossings, vehicular circulation
enhancements, and enhancements and restoration of riparian areas along the Willamette
River and Millrace.
3. Approval by the City of Developer's request is discretionary. City's approval is given in light
of and because of the particular characteristics of the development as evidenced by the
plans and information submitted. Development of the project in strict compliance with the
plans as submitted and approved is necessary to protect the public health, safety, and
welfare. Therefore, the public interest requires that the City obtain the Developer's
promise to develop in accordance with the plans as submitted and approved. The City does
not intend to bestow a benefit on individual third parties, but rather to protect the public
interest by obtaining compliance with the laws, ordinances, resolutions, rules, and
regulations governing the development of real property within the City.
4. On October 31, 2018, the Eugene Hearings Official granted approval of the Developer's
request contingent upon five (5) conditions. The approval became effective on November
13, 2018. Final site plans are attached as Exhibit "B" and incorporated herein by reference.
The approval conditions are noted below, with conditions A through D being met with the
revised and approved final site plans attached to this agreement as Exhibit "B" and
incorporated herein by reference. Condition E is required with each building permit
application:
A. The final plans shall clearly identify the size, variety and critical root zones of the
significant cluster of trees located on the north side of the railroad tracks and east of
the existing bicycle underpass, as described in the applicant's narrative and in Policy
B.3 of the Riverfront Park Study. A note on the final plans shall state that future
development in this area must ensure preservation of that significant cluster of
trees, including protection of their critical root zones.
Page 1 of 5
CU 18-1
B. The final plans shall depict the following limitations for the four areas north of the
railroad tracks (identified on Sheets L01 and L02):
L Area 4 (west of the Millrace): maximum building coverage is limited to
15% and maximum building height is limited to 45 feet;
ii. Area 5: maximum building coverage is limited to 0.5% and maximum
building height is limited to 15 feet;
iii. Area 6: maximum building coverage is limited to 16% and maximum
building height is limited to 37 feet;
iv. Area 7: No buildings may be constructed within the Willamette River and
Millrace protective area.
C. The final plans shall depict that the building heights in the area south of the railroad
tracks shall be limited to 85 feet.
D. The final plans shall depict a 200-foot riparian setback area along the Willamette
River as indicated in sheets 1-01 through L05.
E. All future development of the land subject to this North Campus Master Plan shall
be subject to all applicable standards of the Eugene Land Development Code in
effect at the time of each building permit application.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein,
as a condition to the granting of Standards Review approval by the City, Developer also agrees
as follows:
1. DEVELOPMENT STANDARDS
a. Lien and Assessment: Any existing lien or assessment as determined by the City Finance
Division shall be paid or otherwise bonded'prior to issuance of any building permit for
the development.
b. Financing: The name and address of the Developer, together with the designation of a
particular responsible official and any lending institution participating in the
development, shall be provided to the Building Division contemporaneously with any
request to issue any building permit.
c. Scope of Work: All construction, development, improvement, landscaping, lighting and
design, or construction and continuing maintenance activities in connection with this
development are to be in compliance with this Agreement and its attached exhibits. All
development shall conform to applicable provisions and requirements of the City Code
unless specifically exempted herein.
Page 2 of 5
CU 18-1
d. 2ggs: All permanent signs within the development shall conform to Eugene Sign Code
Sections 9.6600 to 9.6680, or the corresponding provision of any future law.
e. Indemnity: The Developer agrees to hold the City harmless from any and all costs,
damages, or liabilities to third persons which may hereafter arise by reason of claims of
personal injuries or property damages sustained by third persons as a result of physical
conditions existing in the development including, but not limited to, liability based upon
design features of the development and/or its maintenance.
2. ADDITIONS DELETIONS OR MODIFICATIONS
Any addition, deletion, or modification of this Agreement, including exhibits, is subject to
review and written consent by the Planning Director or the Planning Director's designee.
3. ENFORCEMENT
a. Noncompliance: Failure by the Developer to comply with the following shall constitute
a breach of this Agreement, and upon breach of this Agreement City may refuse to issue
or may revoke occupancy permits:
(1) Developer shall perform and complete the work upon the development within the
terms of this Agreement, its exhibits, and applicable law;
(2) Developer shall employ a competent superintendent to be in attendance at the
development site during the progress of work;
(3) Developer shall supply enough properly skilled workers or proper materials (except
in cases in which an extension of time is available) to complete the development in a
timely manner;
(4) Developer shall operate and maintain the development in a satisfactory condition in
conformance with this Agreement, its exhibits, and applicable law.
b. Liquidated Damages: As a separate remedy apart from any remedy otherwise allowed
under this Agreement or otherwise allowed under Oregon law, the City may, within its
sole discretion, determine to seek damages from the Developer for a breach of this
Agreement. If the City elects to pursue this remedy, it shall first notify the Developer
with reasonable particularity of the nature of the breach and shall afford the Developer
a reasonable time within which to cure. It is mutually understood and agreed between
the parties that damages in the event of Developer's breach will be difficult to ascertain
with reasonable certainty because one of City's primary interest in this Agreement is the
protection of the public health, safety, and welfare of its citizens a measure that is
inherently difficult to calculate. The amount of City's damages being difficult to
ascertain, it is thus mutually agreed that damages shall be computed on the basis of
$250 per day for each day each breach continues. It is further recognized and agreed
Page 3 of 5
CU 18-1
between the parties that the damages of $250 per day are iKthe nature of liquidated
damages and are not construed as a penalty.
c. Specific Performance: As a further and separate remedy, the City may, within its sole
discretion, seek specific performance by way of suit in equity against any of the parties
to this Agreement in Circuit Court of the State of Oregon for Lane County.
d. Attorney Fees: In any suit or action brought upon this Agreement, the prevailing party
shall be entitled to a reasonable attorney's fee to be assessed by the trial or appellate
court as the case may be.
4. SUCCESSOR INTEREST
This Agreement shall be binding upon the heirs, executors, administrators, and assigns of
both parties and is a condition and covenant running with the land and binding upon the
above-described areas of real property. The Parties shall execute a memorandum of this
Agreement suitable for recording with the Lane County Deeds and Records Office. City
shall record the memorandum and provide Developer with a copy of the recorded
document.
THIS AGREEMENT is NOT authorization to begin operation or to begin construction. An
application for authorization to begin operation or to begin construction (a building permit)
may be made at the City Building Division.
DEVELOPER: CITY OF EUGENE:
BY: 32.6 BY: 2~~f~
Jami o t, (date) Jenessa Dragovich, (date)
Vice President for Finance and Senior Planner
Administration and CFO City of Eugene
University of Oregon
STATE OF (5w,
~
COUNTY OFL~l
~
On this ~h day of 2019, before me, the undersigned, a notary public
in and for the said county and state, personally appeared the within-named Jamie Moffitt, for
the University of Oregon, who is known to me to be the identical individual described herein
and who executed the same freely and voluntarily.
Page 4 of 5
CU 18-1
Seal: qPLO
0 OFFICIAL STAMP Notary Public
RACHELLE EVELYN LENNON
NOTARY PUBLIC - OREGON
COMMISSION NO. 957165
MYCOMMI My Commission Expires: 2-0
SSION EXPIRES DECEMBER 15, 2020 Page 5 of 5
EXHIBIT A
Legal Description:
Beginning 2.98 chains North of the Southeast corner of County Survey No. 380, and running
thence North 89 1/2 degrees East 8.94 chains; thence North 5.55 chains; thence North 78
degrees 30' West 2.10 chains; thence North 86'/2 degrees West to a point North of the place
of beginning; thence South to the place of beginning in Lane County, Oregon. ALSO: All that
part of the following described property lying North of the Millrace; Lots 8, 9, 10 and 11 and the
Easterly 8.0 feel of Lot 7 in Block 1 of Amended Plat of Fairmount, Lane County, Oregon, as
platted and recorded-ih Book 2, Page 12, Lane County Plat Records. EXCEPT that portion of
the above tracts conveyed to the State of Oregon, through its State Highway Commission, by
deed from D. Larsen and Susie Larsen, recorded December 4-,1941, in Book 224, page 562,
Lane County Oregon Deed Records in Lane County, Oregon; ALSO: Beginning at the
Southwest corner of Lot 11 Block 1, of the Amended Plat of Fairmount, Lane County, Oregon;
thence East along the North line of Garden Way, 30.6 feet; thence Northerly parallel with the
West line of said Lot 11 to the North line of the Mill Race; thence West along the North line of
Mill Race to the West line of said Lot 11; thence Southerly along the West line of said Lot 11 to
the point of beginning, in Lane County, Oregon.
Beginning at the Northwest corner of Lot 1, Block 1 of the amended plat of Fairmount, as
platted and recorded in Book 2, Page 12, Lane County Oregon Plat Records; and run thence
North 73 degree 59' East 271.0 feet along. the North line of Lots 1 and 2 of said Block to the
west line of Lot 3 of said Block; thence along said West line North 0 degrees 22' 30" East
31.84 feet; thence Easterly along the centerline of the Millrace to a point which bears North86
degrees 09' East 463.47 feet; thence North 15 degrees 52' 30" East parallel and 8.0 feet
Westerly of the East line of Lot 7 of said Block 1 to the North line thereof; thence North 89
degrees 56' 25" West 499.64 feet along the North line of Lots 3, 4, 5, 6, 7 Block 1 to the North
Northwest corner of said Lot 3; thence North 0 degrees 22' 30" East 408.69 feet to the
Southerly right of way line of the Southern Pacific Railroad; thence along said Southerly right of
way line North 88 degrees 08' 30" West,261.45 feet to the Northwest corner of County Survey,.
No. 380; thence North 0 degrees 14' East 45.73 'feet; thence North 89 degrees 32' West72.22
feet; thence continuing on said right of way line South 81 degrees 01' 30" West 150.0 feet to
the Northwest corner of that tract conveyed to Coca-Cola Bottling Company of Eugene by
instrument recorded. March 13, 1959, Clerk's File No. 62345, Lane County. Oregon Deed
Records; thence South along said West line 100.0 feet; thence South 89 degrees 39' 30" East
216.63 feet; thence South 00 degrees 14' West 614.94 feet to the point of Beginning, in Lane
County, Oregon.
Beginning at the Southeast corner of the Hilyard Shaw Donation Land Claim Number 56,
Township 17 South, Range 3 West of the Willamette Meridian; thence, North 0 degrees 50' 30"
East 2409.61 feet along the East line of said Claim Number 56, to the North line of Franklin
Boulevard; thence South 74 degrees 08' 15' East 1373.38 feet along the North line of Franklin
Boulevard to an iron pin set on the East line of the Fielding McMurray Donation Land Claim
Number 66, Township 17 South, Range 3 West of the Willamette Meridian,, said point being
South 0 degrees 14' West 910.94 feet from the stone marked C.S. (now an iron pipe) marking
--the- Northwest comer-of-County Survey No.-380;--said point also being-the -Southwest- corner o€-
Lot 1, Block 1, of the Amended Plat of Fairmount, Lane County, Oregon, according to the plat
thereof recorded in Book 2, of Plats, Page 12, records of Lane County, and marking the True
Point of Beginning; thence North 0 degrees 14' East 311.00 feet along the east line of said
Claim No. 66 and the West line of said Lot 1, Block 1, of the Amended Plat of Fairmount, Lane
EXHIBITA
County, Oregon, to a point marked by an iron pin; thence, North 89 degrees 46' West 50.00
feet to a point marked by an iron pin; thence South 0 degrees 14' West 297.01 feet to a point
on the Northerly line of Franklin Boulevard; thence South 74 degrees 08' 15" East 51.93 feet to
the True point of Beginning, in Lane County, Oregon.
Beginning at the monument marking the intersection of the centerline of East Broadway and
Hilyard Street in the City of Eugene, Oregon; thence, East 76.91 feet and North 427.43 feet to
an iron pin marking the True Point of Beginning; thence, South 51 degrees 13' East 335.55 feet
along a line parallel with and 90 feet northeasterly from, when measured at right angles to, the
original centerline of the Southern Pacific Railroad track and right of way line and an arc of a
curve to the left having a radius of 2834.79 feet, said curve being concentric with and 30 feet
northeasterly from the centerline of tracks as relocated in 1941, to a point opposite to and 30
feet northeasterly from Engineer's Centerline Station 1008+00; which point bears South 69
degrees 15' East 784.16 feet from the last described point; thence, North 12 degrees 48' East
40.00 feet along a radius line of said curve to a point, thence, along the arc of a curve to the
left having a radius of 2794.79 feet and along said right of way line, being concentric with and
70 feet northeasterly from the centerline of the relocated tracks to a point opposite to
Engineer's Centerline Station 1009+00 and bearing South 78 degrees 12' East 97.55 feet from
the last described point; thence, North 10 degrees 48' East 60.00 feet along a radius line of
said curve to a point; thence, along the arc of a curve to the left having •a radius of 2734.49 feet
and alorig said right of way line, being concentric with and 130 feet northeasterly from the
centerline of the relocated tracks to a point opposite to Engineer's Centerline Station
1012+57.87 and bearing South 82 degrees 46' 46" East 341.47 feet from the last described
point; thence, along a spiral curve to the left and said right of way line, being concentric with
and 130 feet northerly from the centerline of the relocated tracks (L=400, S=4 degrees 00', and
a=0.5) to a point opposite to Engineer's Centerline Station 1016+57.87 and bearing South 89
degrees 02' 30" East 390.86 feet from the last described point; thence, North 89 degrees 38'
30" East 982.04 feet continuing along said right of way line, being parallel with and 130 feet
northerly from the centerline of the relocated tracks to a point opposite to Engineer's
Centerline Station 1026+39.91; thence, continuing along said right of way as established by the
Oregon State Highway Department (being a spiral curve to the right in which L=400, S=4
degrees and a=0.5) to a point opposite to Engineer's Centerline Station 1030+39.91 and
bearing South 89 degrees 00' 30" East 408.99 feet from the last described point; thence,
continuing along said right of way line and the arc of a curve to the right having a radius of
2994.79 feet, being concentric with and 130 feet northerly from the centerline of the right of
way as established by the Oregon State Highway Department, to a point opposite to
Engineer's Centerline Station 1038+00 and bearing South 78 degrees 45'30" East 792.25 feet
from the last described point; thence North 18 degrees 50' 30" East 200.00 feet along a radius
line of said curve to a point; thence South 53 degrees 47' 30" East 757.94 feet to the angle
point in the north line of Lot 14, Block 1 of the amended plat of Fairmont, according to the plat
thereof recorded in volume-2 of plats, page 12, records of Lane County, Oregon; thence, North .
84 degrees 29' East 344.51 feet to a point in the center of the Willamette River as it existed in
1958; thence, continuing along the center of said river the following courses and distances:
North 57 degrees 41' 15" West 1283.79 feet; thence, North 70 degrees 28' 15" West 683.75
_-feet; thence,.North-76-degrees--44'--50"-West-1060.00--feet-.to-its=intersection. withthe south line
of the John C. Leasure Donation Land Claim No. 65, Township 17 South, Range 3 West of the
Willamette Meridian; thence, leaving the center of said river and running North 89 degrees 49'
53" West 2081.64 foot along the south line of said Donation Land Claim to a point; thence,
South 0 degrees 02' East 298.59 feet to a point marked by an iron pin; thence, South 44
EXHIBIT A
degrees 58' West 38.00 feet to a point marked by an iron pin; thence, South 89 degrees 58'
West 86.03 feet to a point marked by an iron pin; thence, North 88 degrees 34' 14" West 71.61
feet to the true point of beginning in lane County, Oregon.
(A portion of this property was exchanged to provide a site for the Bio-Social Research Facility,
the result of which leaves 27.929 acres for Educational and General Plant use and 35.071
acres remain for Auxiliary Enterprise functions. See land cards 274 and 282 for additional
information on the property exchanged. 4/22/77)
Note: This parcel of land is located in a floodplain and is subject to the regulations regarding
the building of structures in a floodplain as outlined in the National Flood Insurance Program.
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