SR 21-1 <br />SITE REVIEW PERFORMANCE AGREEMENT <br />THIS AGREEMENT is made by and between MCKENZIE RIVER MOTORS (Developer) and the City <br />of Eugene, a municipal corporation of the State of Oregon (City). <br />RECITALS <br />A. This Agreement concerns real property identified as Tax Lots 8700, 8800, 12000, 12100, and <br />12200 of Assessor's Map 17-03-16-33 and more particularly described in the attached <br />Exhibit "A" (Property). <br />B. Developer has requested site review, traffic impact analysis, and adjustment review <br />approval by the City to develop two single-story commercial buildings: Building 1 is <br />approximately 13,035 square feet and Building 2 is approximately 2,400 square feet - with <br />the associated parking, landscaping and other site infrastructure as required to <br />accommodate the proposed project on the Property zoned C-2 Community Commercial <br />with /SR Site Review Overlay Zone and GO General Office with /SR Site Review Overlay <br />Zone. <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 July 30, 2021, the Eugene Planning Director approved Developer's site review, traffic <br />impact analysis, and adjustment review applications for the Property contingent upon 6 <br />conditions of approval. The Planning Director's decision became effective on August 17, <br />2021. Some of the conditions of approval have been met with the approved final site plans <br />attached as Exhibit "B" to this Agreement. <br />E. This Performance Agreement is required by section 9.7025 of the Eugene Code (EC). <br />Page 1 of 4 <br />