HomeMy WebLinkAboutAgreement PLANNER 8/20/2012 City of Springfield • SPRINGFIELD
Development Services Department
225 Fifth Street
Springfield, OR 97477 /
Site Plan Review Major Modification
Development Agreement C L
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this,30"-- day of Rix
2012 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter"City" andari TIV�
Recycling, hereinafter"Applicant," in accordance with the Springfield Development Code, hereinafter "SDC"
5.17-140 and 5.1-130.D.
RECITALS '��}�-
WHEREAS, on the day of 2012, the City approved the Site Plan Review Major
Modification hereinafter"SPR Major M difi8 cation" application submitted by the Applicant for the purpose of the
following:
CITY CASE NUMBER TYP212-00006 Type II SPR Major Modification application, requesting approval of
Phase 3 of the Bring Recycling Center, including addition of 2500 sf trash enclosure next to Building 5, paving
of approximately 26,000 sf and redesign of landscaping. The property is located at 4446 Franklin Boulevard in
Springfield, Oregon (Assessor's Map 17033444, Tax Lot(s) 1500, 1600 and 2400).
WHEREAS, in consideration for SPR application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.17-140, the 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, the 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 SPR approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.17-140 the Applicant has agreed to comply with the following specific
conditions imposed by the City as part of the SPR Major Modification approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Site Plan, dated
August 28, 2012.
2. All conditions as specified in the SPR TYP2012-00006 Decision, dated June 22, 21012 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 5.17-150.
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 SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with SDC 5.17-135.
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 5.17-150.
Date Received: 201 `p`
Planner: LIUI
3. CONDITIONS. The AppliL"3nt agrees to fulfill all specific condition• 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 5.17-150.
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 SDC 5.17-
145.
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 Site Plan approved becomes null and void if construction does not commence within two
years of the date of this agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICA IT,(Pro erty Owner)
so a. By-
Dat
STATE OF OREGON, County of Lane, PWust 30 , 2012. Personally appeared the above named
of Recycling, who acknowledged the foregoing instrument to be
her voluntary act. Before me: I
OFFICIAL SEAL 4Notary;P�u 4rrego
KATHRYN E REEDER
NOTARY PUBLIC-OREGON
COMMISSION NO. 443126 My Commission Expires
MY COMMISSION EXPIRES OCT 4,2013
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®ate Received: "
Planner: LM
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CITY �F IN FIELD— �k (���t.V � �6 ✓ `/
(�vl\ � By �
Date
STATE OF OREGON, County of Lane, "161S) , 2012. Personally appeared the above named Elizabeth
Miller, Development and Public Works Planner, who acknowledged the foregoing instrument to be her
voluntary act. Before me:
Notary ub Ore on
!—!7'=SEALLKDERNOTREGON My Commission expiresCO443126MY COMOCT 4,2013 _
Date Received: v ��
Planner: LM
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