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HomeMy WebLinkAboutPermit Miscellaneous 1992-7-10 ... e s).~ i-l i ""Il. &...4 ~. .1f~%iSd k;). y/ 5'1-. .4~~ V:-,'I-L - SITE PLAN REVIEW DEVELOPMENT AGREEMENT 17 -o2--2y- h~~()1 THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this day L9- of ;::JU L.V ,1992 (known as the "Effective Date") by and between the CITY OF , , SPRINGFIELD, hereinafter "City", and Major Defoe (Blue Water Boats, Inc.). hereinafter "Applicant", in accordance with Section 31.090, and Sections 3.070(3). 3.080(3). 3.090(3) and 3.100(3). RECITALS WHEREAS, on the .../Q..th day of 3, J L...U, 1992, the City approved the Final Site Plan Application (Journal Number 92-04-74) submitted by the Applicant for the purposes of allowing the construction of a 100,000 square foot boat manufacturing plant located at the north end of North 52nd Street, north of High Banks Road and south of ,the McKenzie River, (Assessor's Map 17-02-28, Tax lot 401). The Metro Plan designation of the property is Light-Medium Industrial and Natural Resource and the zone is Light-Medium Industrial. ' WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit. and the issuance of an Occupancy Permit, as specified in, the Springfield Development Code Section 31.090, Applicant agrees to comply with all the standards of the Springfield Development Code and 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 Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit. and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1. The development of Exhibit 7, Wildlife Protection and Mitigation Plan. shall conform to the activity schedule submitted with and attached to the approved Final Site Plan. 2. To ensure completion of Exhibit 7 improvements after the issuance of an occupancy permit, the applicant will be required to provide assurance in the form of a performance bond in the amount equal to 110% of the costs of design, materials, and labor for the remaining work, if any, as determined by an independent contractor experienced in enhancement work. 3. The applicant shall work with the Oregon Department of Fish and Wildlife (ODFW) during construction ,of Exhibit 7 to ensure the improvements are acceptable to ODFW. ... e . 4. Except for restoration and, enhancement work necessary to implement Exhibit 7. development shall not encroach on the northern portion of the site designated within the 100 year floodway of the McKenzie River. THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOllOWS: ~ AGREEMENT 1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in accordance with Section 31.080 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 RECITALS prior to occupancy, unless certain standards have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in RECITALS prior to occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.040(4)(b) .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 Sections 31.00 of the Springfield Development Code. 5. MAINTAINING THE USE. The applicant agrees to the following: (a) The building and site, including log booms and floating logs, 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 31.140 of the Springfield Development Code, including the plantings required by Exhibit 7, Wildlife Protection and Mitigation Plan, in an attractive manner free of weeds and other invading vegetation, and to replace sick, dying or dead plant materials to ensure a healthy landscape and fulfill the planting area requirements of the development. (c) Parking lots and access drives 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. (e) It shall be the continuing obligation of the property owner to maintain the constructed grassy swale in a manner that ensures its function to pretreat stormwater. --.. """ . . 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 that 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. A 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 the City have executed this Agreement as of the date first hereinabove written. APPLICANT /7/'(1 - ..,..~ -J/] P /';/ 1rl/j;~~ 1]//0/02- ~ STATE OF OREGON, County of L- 0 n -{J. .2&~~;~~o ~~~ ,,",b.e the1r .voiuntar~ act. . ...,.................' . ....... '.' / ~\.:> T/.rt}:. \ ,1992. Personally appeared the above named , who acknowledged the foregoing instrument to rO.L../ / Q. --z:; ftn Notary Public for Oregon Before me: -.- My Commission expires b ~2b -'iV ". IIi' ''">, \(: :' . :../t_. .'. . , . , . , . ,.......... .l :... I; r t~r....:, "".."" CITY CITY C:;preiN1'"1 fl ~ J::> BY: /}:Jf/L ~ fC'(. Planninrtfisif Manager / STATE OF OREGON, County of Lane, 'Jt. Le, (0 ,1992. Personally appeared the above named M. p~f P: O{Pe,vc~ ~who acknowledge the foregoing instrument to ,be'their voluntary act. Before mtW .... :.::..~..?:..~.'>:..::' . U.kJl ~ .<0- Notary Public for Oregon --e ff h Date 1--/0,'12. ~ ".'.. . . , '1-J~' t. I"). '. \ \,' ~ . " " : , j'" ~:. ~~....... My commission expires b:2 6 -C;r,? > " '.,' tJ'~' '(~, ~ .".. '.' -. ~ .... '::;:" ;';;' .:;~::;.~\::.<' "" ,,,,,,, ,.,'"