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w <br />(MDA 11 -11) and (SDR 11 -3) <br />PLANNED UNIT DEVELOPMENT MODIFICATION AND <br />STANDARDS REVIEW PERFORMANCE AGREEMENT: <br />'rHIS AGREEMENT is made by and between the City of Eugene Public Works Department, hereinafter <br />referred to as "Developer," and the City of Eugene, a municipal corporation of the State of Oregon, <br />hereinafter referred to as "City". <br />RECITALS <br />1. Developer is the owner of certain real property, hereinafter referred to as Tax Lot 4700 of Assessor's <br />Map 17- 03- 08 -23, a legal description of which is attached as Exhibit "A" and by this reference <br />incorporated herein. <br />2. Developer has requested Standards Review (SDR 11 -3) approval to allow public improvement of <br />pedestrian paths within the Water Resource boundary on the subject property, which is zoned R- <br />1 /PD /WR Low-Density Residential with Planned Unit Development and Water Resources overlays. <br />Developer has also requested a modification (MDA 11 -11) to the existing Planned Unit Development <br />(PD 97 -8) for the development of a neighborhood park on the subject property. <br />3. Approval by the City of Developer's request is discretionary. City's approval is given in light of and <br />because of the particular characteristics of the development as evidenced by the plans and information <br />submitted. Development of the project in strict compliance with the plans as submitted and approved <br />is necessary to protect the public health, safety, and welfare. Therefore, the public interest requires <br />that the City - obtain the Developer's promise to develop in accordance with the plans as submitted and <br />approved. The City does not intend to bestow a benefit on individual third parties, but rather to <br />protect the public interest by obtaining compliance with the laws, ordinances, resolutions, rules, and <br />regulations governing the development of real property within the City. <br />4. On December 8, 2011, the Eugene Planning Director granted approval of the Developer's Request, <br />including Standards Review and Planned Unit Development Modification approvals, which became <br />effective on December 22, 2011. <br />5. The approved plans for the subject development are attached as Exhibit "B" and by this reference are <br />incorporated herein. <br />NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, as a <br />condition to the granting of Standards Review approval by the City, Developer also agrees as follows: <br />1. DEVELOPMENT STANDARDS <br />a. Time Schedule Time being of the essence, Developer shall submit an application for a <br />development permit by June 22, 2013. <br />b. Lien and Assessment Any existing lien or assessment as determined by the City Finance Division <br />shall be paid or otherwise bonded prior to issuance of any building permit for the development. <br />c. Financing The name and address of the Developer, together with the designation of a particular <br />responsible official and any lending institution participating in the development, shall be provided <br />to the Building Division contemporaneously with any request to issue any building permit. <br />Page 1of3 <br />