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Home My WebLink AboutAgreement APPLICANT 10/18/2010 r- • • SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this day of Oc (->he✓ , 2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter"City", and the Relief Nursery, hereinafter "Applicant", in accordance with Springfield Development Code (SDC) Sections 5.17-145, 5.17-130, 5.17-140, and SDC Section 5.1-130 (D). RECITALS WHEREAS, on the 29th day of April, 2010, the City approved the Final Site Plan submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2009-00047--Type I Final Site Plan requesting approval to construct a 14,902 square foot combined pre-school and office complex at 850 S. 42nd Street, Springfield, Oregon. The Relief Nursery will be built on two tax lots identified on the Lane County Assessor's Maps 18-02-05-22 TL 1400 (Owned by the Relief Nursery) and 18-02-05-23 TL 101 (Owned by School Dist. 19). The property is zoned Community Commercial. WHEREAS, in consideration for a Type I Final 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, 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 Site 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 Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 5.7-140, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Final Site Plan approval: A. All improvements must be constructed/ installed as shown on the Final Site Plan prior to the final building inspection. B. The Applicant has made changes to the Final Site Plan which satisfied Conditions of Approval listed in the Tentative Site Plan. These conditions are not listed in this agreement since they are incorporated into the Final Site Plan. There is a remaining condition (Condition of Approval #7 of the Tentative Site Plan Approval) that has been partially fulfilled, but requires additional action. The following condition shall be fulfilled prior to final occupancy: 1. Please submit a final PUE document for the Relief Nursery, together with all exhibits and a check in the amount of the recording fee set by Lane County. The check should be made payable to Lane County. The City Surveyor shall take the PUE document to the County for recording. A copy of the recorded document shall be returned to the Relief Nursery. • Relief Nursery r Page 1 of 3 Journal No. DRC2009-00047 Date Received: /%//6 Development Agreement Planner: MM April29, 2010 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 5.7-135 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. • 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 5.17-150 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 5.7-145 of the Springfield Development Code. 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 Site Plan approval becomes null and void if construction does not commence within one year of the date of the agreement. Relief Nursery Page 2 of 3 Journal No. DRC2009-00047 • Development Agreement April 29, 2010 • • IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. • • APPLICANT .A BY: Date • BY: jLetleC- NUr Se:l / 1vAL` STATE OF OREGON, County of / I, /D—/fi, 2010: Personally appeared the above named ILdto ��v 14Qvvih-iho acknowledged the foregoing instrument to be their voluntary act. Before me: • ahri C. - Notary Public for Oregon asss �-I OFFICIAL SEA!- _ ANGELA ERWIN My Commission expires NOTARYPUBLIC-OREGON �y �...∎ COMMISSION NO. 421788 i "1-r2 -d'�-11 MY COMMISSION EXPIRES SEPTEMBER 26.2011 •A p 2 `j` CITY / "LCNr- BY: Date STATE OF OREGON, County of Lam 16 19 I 0 2010. Personally appeared the above named /.4Cr✓K 11{x✓ , who acknowledged the foregoing instrument to be their voluntary act. Before me: �U • • Notary Public for Oregon / k , efiAr II - OFFICIAL SEAL My Commission expires Q ryf?, DEYETTE KELLY O/(GI `,JO NOTARY PUBLIC-OREGON COMMISSION NO. 20 51 MY COMMISSION EXPIRES AUG.15,2011 Relief Nursery Page 3 of 3 Journal No. DRC2009-00047 Development Agreement April 29, 2010 • •