HomeMy WebLinkAboutAgreement APPLICANT 11/26/2012 •
FINAL PLOT PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this �G
day of it�dva+vi.br,f , 2012 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "City", and Leonard Tarantola (Prosper Park, LLC), hereinafter
"Applicant", in accordance with Springfield Development Code (SDC) Sections 5.15-115; 5.15-
120; 5.15-125 and SDC Section 5.1-125.
RECITALS
WHEREAS, on the 26th day of November, 2012, the City approved the Final Plot Plan
submitted by the Applicant for the purpose of the following:
CITY CASE NO. TYP112-00034--Type I Final Plot Plan requesting approval to construct an
additional 1144 square foot warehouse structure at 945 28t Street. The development is
located on two parcels identified on the Lane County Assessor's Maps as 17-02-31-00, TAX
LOTS: 1101 and 1100. The property is zoned Heavy Industrial.
WHEREAS, in consideration for a Type I Final Plot Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 5.15-120, Applicant agrees to comply with all of the standards in
the Springfield Development Code, Springfield Public Works Engineering Design Manual and
the Springfield Municipal Code which may be applicable to this development project unless
modified or excepted by the Final Plot Plan Review Development Agreement, Development
Services Director, Planning Commission, Building Official or their agents, or the Fire Marshall,
which modifications or exceptions shall be reduced to writing.
WHEREAS, in consideration for this Final Plot Plan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development
Code Section 5.15-120, Applicant agrees to comply with the following specific conditions
imposed by the City as part of the Final Plot Plan approval:
A. All improvements must be constructed/ installed as shown on the Final Plot Plan prior to the
final building inspection.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance
with Section 5.7-135 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.
Prosper Park LLC Page 1 of 3
Case No. TYP112-00034
Development Agreement /
November 26, 2012 Date >:' / l(2-
Planntt.
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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 SDC Section 5.15-125 of the Springfield
Development Code.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan
without first notifying the City. Modifications to the Final Plot Plan shall be reviewed in
accordance with Section 5.7-145 of the Springfield Development Code which describes the
process for modification of Final Site Plans. This process shall apply to the modification of the
Final Plot Plan.
5. MAINTAINING THE USE. The Applicant agrees to the following:
(a) The building and site shall be maintained in accordance with the provisions
of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property owner to maintain the
planting required by Section 4.4-100 through 4.4-105 of the Springfield Development Code in
an attractive manner free of weeds and other invading vegetation. In addition, plantings in the
vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance
with SDC Section 4.2-130 of the Springfield Development Code.
(c) 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.
(d) Undeveloped land within the development area shall be maintained free of
trash and stored materials in a mowed and attractive manner. Undeveloped land shall not be
used for parking.
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 Plot Plan approval becomes null and void if construction does not
commence within 90 days of the date of the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date
first herein above written.
APPLICANT
/ 4//z
Date
Prosper Park LLC Page 2 of 3
Case No. TYP112-00034
Development Agreement
November26, 2012
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STATE OF OREGON, County of
{ti 241 , 2012. Personally appeared the above named jf )/44,4rd. I firnit,friLt,vwho
acknowledged the foregoing instrument to be their •luntary act. Before me:
OFFICIAL SEAL deity
OIENOA SUE JONES Notary Public for 0 -•rn
NOTARY PUBLIC-OREGON ry
COMMISSION NO.488596
MY COMMISSION EXPIRES MAY27,2016 ' My Commission expires411,41,n, 20*
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CITY CM
/7/26 (20 /Zs BY:
Date
STATE OF OREGON, County of , ,t1.41.,e■
�9.1/. 2012. Personally appeared the above named/1400C 'WUkZey , who
acknowledged the foregoing instrument to be their voluntary act. Before me: (J
OFFICIAL SEAL Not-ry Public foon
;;.;k,
MENU SUE JONES
NOTARY PUBLIC-OREGON
COMMISSION NO.468596 My Commission expires VAT 41, t c,
MY COMMISSION EXPIRES MAY 27,2016
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Prosper Park LLC Page 3 of 3
Case No. TYP112-00034
Development Agreement
November 26, 2012