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HomeMy WebLinkAboutAgreement APPLICANT 7/2/2012 SITE PLAN REVIEW DEVELOPMENT AGREEMENT • This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this '2 day of Tv , 2012 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Nate Anderson, hereinafter "applicant," in accordance with Section 5.17-140 of the Springfield Development Code. RECITALS WHEREAS, on the Z day of , 2012 the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER TYP212-00004, a Type II Site Plan Review, requesting approval to develop a dental office. • The property is located at map and tax lot 17-02-32-00 #2201, addressed as 4777 Main Street. The property is zoned CC (Community Commercial). WHEREAS, in consideration for Site Plan 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 which may be applicable to this development project unless modified or excepted by the Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for Site Plan 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 the following specific conditions imposed by the City as part of the Site Plan approval: 1. Prior to issuance of a building permit, pay the sewer in-lieu-of-assessment charge for the portion of the lot being developed. 2. Prior to approval of the final site plan, the applicant shall provide an operations and maintenance plan to the City for review to ensure the long-term maintenance and operation of the proposed rain gardens. The plan should designate maintenance responsibility for operating and maintaining the system, and should be distributed to all property owners and tenants of the site. 3. To ensure a fully functioning water quality system and meet objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the proposed rain gardens shall be shall be fully vegetated with all vegetation species established prior to approval of the final site inspection. Alternatively, if this condition cannot be met, the applicant shall provide and maintain additional interim erosion control/water quality measures acceptable to the Public Works Department that will suffice until such time as the rain garden vegetation becomes fully established. 4. The final site plan shall identify a minimum of 3 bicycle spaces (1 long-term, 2 short- term) that comply with SDC 4.6-145 and 4.6-150. Date Received: Anderson Planner: LM 1 of 3 • 0 f • THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 5.17-135 of the Springfield Development Code. 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 3. CONDITIONS. The 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. 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan without first notifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Section 5.15-100 of the Springfield Development Code. 5. MAINTAINING THE USE. The Applicant agrees to the following: a. The buildings 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 planting required by Section 4.4-100 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. c. Undeveloped land within the development area, if any, shall be maintained free of trash and stored materials and kept in a mowed and attractive manner. Undeveloped land 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, and deteriorated pavement conditions shall be improved to maintain conformance with these standards. 6. 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. _ 7. Any Final Site Plan approval becomes null and void if construction 'does not . commence within 90 day of the date of the agreement. Date Received: J) L( Z Planner: LM Anderson 2 of 3 • • IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT l9 2 fi 7� By: Dat STATE OF OREGON, County of ._ 6 lao , 2012. Personally appeared the above named Nate Anderson, who acknoJv led ged the foregoing instrument to be a voluntary act. Before me: °max SEAL Liam vataasnaac `,../ NOTARYPutt OREGON oary "ublic fo Oregon COMMISSION PC_ ;a coreassow DPREs DIMMER 14,2014 My Commission expires I a I t/#/l CITY I`( 1 2 z By: _ A_ - Oath rr11 STATE OF OREGON, County of , 2012. Personally appeared the above named Steve Hopkins, who acknow ged the foregoing instrument to be a voluntary act. Before me: (tj.��e�' OFFICIAL SEAL --'--"'� KATHRYN E REEDER • OP;Sidi ' i' NOTARYPUBLIC-OREGON Notary P :Awful regon COMMISSION Na 443126 MY COMMISSION EXPIRES OCT 4,2013 My Commission expires\O 15 Date Received: 1 7/1 Anderson Planner: LM 3 of 3