HomeMy WebLinkAboutAgreement APPLICANT 1/23/2013 SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT
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This DEVE OPMENT AGREEMENT, hereafter"Agreement" is entered into this day of
a 2013 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
reinafte "City" and Buffalo Wild Wings, hereinafter"applicant," in accordance,with Section 5.17-140
and Sections/5.1-125.B, 5.1-130.D, 5.1-135.D and5.1-140.D of the Springfield Development Code.
RECITALS
WHEREAS, on the 15th day of January, 2013, the City approved the Final Site Plan submitted
by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER TYP112-00036 Type I Minor Site Plan Modification requesting
approval for construction of a 5.720 square foot building, 1,155 square foot covered patio area and
parking lot and landscaping modifications at 2770 Gateway Street in Springfield (Assessor's Map 17-
03-22-00,'Tax Lot 2300).. The subject property is zoned Community Commercial (CC).
WHEREAS, in consideration for Type I Site Plan Modification approval; the issuance of a
Building Permit, and the issuance of an Occupancy Permit; as specified in the Springfield
Development Code Section 5.17-140, Applicant agrees to comply with all of the standards in the
Springfield Development Code and the Springfield Municipal Code that may be applicable to this
development project unless specifically modified or excepted,in writing by the Site Plan Modification
Development Agreement, Development Services Director, Planning Commission, Building.Official or
their agents, or the Fire.Marshal.
WHEREAS, Applicant agrees to comply with all conditions of the Site Plan Modification
approval TYP112-00036 (hereinafter.the "Approval").
WHEREAS, in consideration for Final Site Plan approval, the issuance of a Building Permit,
and the issuance of an Occupancy Permit(if applicable), as specified in the Springfield Development
Code Section 5.17-140, Applicant has agreed to comply with the specific conditions imposed by.the
City as part of the Final/Site Plan approval:
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE.
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. SITE IMPROVEMENTS. Applicant'agrees'to obtain any necessary permits and construct/install
the improvements as depicted on the Final Site Plan (TYP112-00036) and approved
construction plans prior to requesting final site and building inspections, and prior to issuance
of Occupancy.
2, WATER QUALITY PROTECTION STANDARDS. Applicant agrees to abide by the conditions and
stipulations of the.Site Plan Modification approval by obtaining any necessary permits prior to
initiating construction;'and implementing construction and ongoing site management/
operational practices that are consistent with the City's permitting requirements.
3. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17
135;of the Springfield Development Code.
4. STANDARDS. Applicant agrees to fulfill all applicable standards specified in the Springfield
Development Code and the specific standards listed in the RECITALS prior to occupancy,
Date Received:) z3 I
Planner LM
unless certain conditions have been deferred to a later date in accordance with Section 5.17-
150 of the Springfield Development Code.
5. CONDITIONS. Applicant agrees to fulfill all specific conditions of approval required by the City
listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to a
later date in accordance with Section 5.17-150 of the Springfield Development Code,
6. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first
notifying the City and obtaining any necessary approvals. Modifications to the Final Site Plan
shall be reviewed in accordance with Section 5.17-145 of the Springfield Development Code.
7. MAINTAINING THE USE. Applicant agrees to the following:
a. The paved parking and driving areas, landscaping and site shall be maintained in
accordance with the provisions of the Springfield Development Code in order to continue
use.
b. It shall be the continuing obligation of the property owner to maintain the site landscaping
and plantings required by Section 5.17-155 of the Springfield Development Code in an
attractive manner free of trash, weeds, and other invading vegetation.
c. Undeveloped land within the development area, if any, shall be maintained free of trash
and stored materials and shall not be used for parking.
d. Parking lots shall be maintained by the property owner or tenant in a condition free of litter
or dust in accordance with the Springfield Development Code. Deteriorated pavement
conditions shall be improved to maintain conformance with these standards.
8. Applicant agrees to coordinate with the City's Public Works Department and obtain any
necessary permits prior to initiating any grading, excavation, or paving activity on the site.
9. Applicant agrees to operate and maintain the filtering catch basins on the site in accordance
with the manufacturer's recommendations and City requirements.
10. In addition to all other remedies which may be provided by law or equity (including but not
limited to penalties provided by applicable State Law or City Ordinances),Applicant agrees the
City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy.
Permit and terminating any Temporary Occupancy Permit which may have been granted.
11. Any Final Site Plan approved becomes null and void if construction does not commence within
one year of the date of the agreement.
Date Received: l 12 J
Planner: LM
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written.
APPLICANT
►j23/
By:
Date
'
STATE OF County of \.•�j}c , \
30.4\ 3 , 2013. Personally appeared the above named 3x6.4 A-SCSY1 of
L:)i l� W 4 .s , who acknowledged the foregoing instrument to be his
voluntary act. Before me:
fg . ¼RA Notary Public for m s "-UBLIC
STATE WASHINGTON My Commission expires I q' 13
Cows: o EXPIRES
APRIL a: 2013
Ii13 iZ CITY` ;F SP INGFIELD�/�/J / ^
f3 By: 11(14
Date
STATE OF OREGON, County of LS CI\Q -
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,�c�n , 2013. Personally appeared the above named Elizabeth Miller, DPW Planner,
who acknowledged the foregoing instrument to be his voluntary -ct. B,ore me:
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OFFICIAL SEAL ot. :�it:'blic Tr Ore!on
rntrl KATHRYN E REEDER
+ NOTARY PUBLIC-OREGON
` My Commission a C tires I J�4I
COMMISSION NO.443126
MY COMMISSION EXPIRES OCT 4,2013
Date Received: 11 2-5 id
Planner: LM