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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. f �3 • • • 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 • • 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* • 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 • Prosper Park LLC Page 3 of 3 Case No. TYP112-00034 Development Agreement November 26, 2012