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(1) Applicability. The city shall require execution of a performance agreement by the applicant for all of the following types of applications:

(a) Conditional use permit and any modifications.

(b) Design review.

(c) Historic property alteration and any modifications.

(d) Middle Housing Land Divisions described in EC 9.8192(3).

(e) Planned unit development, final plan and any modifications.

(f) Site review and any modifications.

(g) Subdivisions final plat and any modifications.

(h) Standards review and any modifications.

(2) Preparation and Signatures. The city shall mail or otherwise submit to the applicant a performance agreement. The performance agreement binding the applicant, and the applicant’s successors in interest, assuring construction and performance in accordance with the approved final plans shall be executed by the applicant and city and notarized in a manner suitable for recording prior to issuance of a development permit.

(3) Petitions for Improvements and Dedications. Improvement petitions and all documents required with respect to dedications and easements shall be submitted by the applicant to the city prior to the execution of the performance agreement.

(4) Return. Any changes to the form as submitted to the applicant shall be approved by the city prior to execution or acceptance by the city. Final plan approval of a land use decision listed in EC 9.7025(1), or a modification thereto, shall expire, necessitating re-application, if the applicant has not returned an executed copy of the performance agreement to the planning director within 90 days of its submittal to the applicant.

(5) Recordation. The city shall file a memorandum of the performance agreement in the office of the Lane County Recorder.

(6) Modifications. Approval of a modification to any land use application that is subject to the provisions of a performance agreement shall require comparable modifications to the performance agreement consistent with the provisions of this section.

(7) Enforcement. If an applicant or an applicant’s successor in interest violates or fails to comply with any of the provisions of the performance agreement or final approved plan, the city may invoke the enforcement procedures provided in the performance agreement, or under applicable law, or both.

(Section 9.7025, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006; Ordinance No. 20513, enacted July 8, 2013, effective August 9, 2013; Ordinance No. 20667, enacted May 24, 2022, effective June 25, 2022.)