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HomeMy WebLinkAboutAgreement PLANNER 9/5/2013 City of Springfield SPRINGFIELD Development Services Department 225 Fifth Street s - Springfield, OR 97477 / MINIMUM DEVELOPMENT STANDARDS MINOR Development Agreement LL,,� This DEVELOPMENT AGREEMENT, hereafter"Agreement" is entered into this 5 day of�urc�cL013 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter"City" and Ridgeline Pipe Manufacturing, hereinafter"Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B. RECITALS WHEREAS, on the 1st day of August, 2013,t he City approved the Minimum Development Standards Minor, hereinafter"MDS" application submitted by the Applicant for the purpose of the following: CITY CASE NUMBER TYP113-00015,Ty pe I MDS application, requesting approval for the addition of a 5,000 square foot addition to an existing building. The property is located at 2220 Nugget Way in Eugene, Oregon (Assessor's Map 18030314, Tax Lot 1400). WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125,t he Applicant agrees to comply with all of the standards in the SDC and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted by this Agreement,t he Development Services Director, Planning Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following specific conditions imposed by the City as part of the MDS approval: 1. All improvements must be constructed/installed or bonded asshown on the Final Plot Plan,dated August 28, 2013. 2. All conditions as specified in the MDS TYP113-00015 Decision, dated August 1, 2013 must be fulfilled prior to issuance of the Final Occupancy Permit. 3. No building or structure shall be occupied until all improvements are made as specified in this Section, unless otherwise permitted in Section 5.15-125 F. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125. 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.15-125 F. 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 5.15-125 F. Date Received:9 Planner: LM 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan without first notifying the City. 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 SDC in order to continue the use. b. It shall be the continuing obligation of the property owner to maintain the planting required by the SDC 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 the SDC. 7. 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), the Applicant agrees that the City may enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted. 8. Any Final Plot Plan approved becomes null and void if construction does not commence within 2 years of the MDS TYP113-00015 Decision. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. Applicant: By: /lI 1 Date STATE OF OREGON, County of Lane, 5fp#a-bz2 4fi', 2013. Personally appeared the above named -)g�'G !sHmngn of Ridgeline Pipe Manufacturing, who acknowledged the foregoing instrument to be his voluntary act. Before me: OFIRCIAL SM 9OLM Notary Public for Oregon NOTARYPUBUO.OREGON COMAtlSSIONNO.44WO My Commission Expires A A4 7-5 2VI-f W COMprOSSION EXPIRES APRIL 25,2014 Date Received: IJ 2 of 3 Planner: LM Y 0 CITY OF SPR NGFIELD: ' .i3 BybwWu t . �4't'� Date c STATE OF OREGON, County.of Lane, �Ii 2013. Personally appeared the above named Elizabeth Miller, Development and Public Works Department Planner, who acknowledged the foregoing instrument to be his voluntary act. Before me: OFFICIAL SEAL Notary Public for Orego MEMOA,=uCion i, YIOIANy PUlUO `OREGON coly"SSION NO.489595 hncotAYISSIDNDtMAEEluY2t;201S,. My Commission expires rr Date Received:0I5 IJ Planner: LM 3 of 3