HomeMy WebLinkAboutPermit Miscellaneous 1994-2-10
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into on the IO~
day of February, 1994 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "Ci ty", and Smith's Euaene Limited Partnership ,
hereinafter "Applicant", in accordance with Section 31.090, and Sections'-3.0/U(3i,
3.080(3), 3.090(3), and 3.100(3).
RECITALS
YHEREAS, on the 7th day of February, 1994, the City approved the Site Plan
submitted by the Applicant:
CITY JOURNAL NUMBER 93-12-203. Type II Site Plan requesting approval for a 50,000
square foot one-story building for retail sales of home furnishings wi th adjacent
parking. The property is zoned Community Commercial; the Gateway Refinement Plan and
Metro Plan Designations are Community Commercial. The proposed use is permitted in
the Community Commercial District (Ref. SDC 18.020(9)(cc)). The property is loca~ed
on the west side of North Game Farm Road, north of the State Police facility and
across from International Yay, (Assessor's Map 17-03-15-00; Tax Lots 5101 and 5102).
WHEREAS, in consideration for Site Plan approval, the issuance of a Building
Permi t, 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, Planning Director, Planning Commission, Building
Official or their agents, or the Fire Marshal, which modifications or exceptions
shall be reduced to writing.
YHEREAS, in consideration for Site Plan approval, the issuance of a Building
Permi t, and the issuance of an Occupancy Permi t, 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. All improvements must be constructed/installed as shown on the Final Site Plan
dated February 7, 1994.
2. The recorded original of the required street dedication must be returned to the
City within 45 days. of the si~Qing of th~s_Agreement.
3. The recorded original of the traffic signal agreement must be returned to the
City within 45 days of the signing of this Agreement.
4. Staff will allow the deferral of certain required landscaping and street
improvements since the LID project for North Game Farm Road is proposed to be
constructed later in 1994. However, since there is no guarantee at this time
that the project will be completed and since Smith's proposes to open the
furniture store prior to the LID construction, a bond, letter of credit, or other
approved mechanism will, be required to be submitted to the City prior to
occupancy. The dollar amount of the securi ty needs to be agreed to by the Ci ty
prior to submit tal.
Site Plan Development Agreement
Page 1
MCM Architects
RECEIVED
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THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VBICH ARE EXPRESSLY MADE A PART
OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOVS:
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 condi tions 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 Section 31.100 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 wi th 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
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 Section 32.070 of the Springfield Development Code.
(c) Parking lots shall be maintained by the property owner or tenant in a
condi tion free of li tter or dust, and deteriorated pavement condi tions 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 addi tion to all other remedies which may be provided by law or equi ty
(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. Any Final Site Plan approved becomes null and void if construction does not
commence within two years of the date of this Agreement.
Site Plan Development Agreement
Page 2
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IN VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
2/11=1/94
Date
APPLICANT
SMITH I S EUGENE LIMITED PARTNER~HIP
BY: REMBOLp TRUST:S'~' IlIlr r.RlIl~ PIillTNER
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STATE OF Oregon lJ 1 t pomab . ""
Februarv 10 , 1994. Personally peared t1ie above named
WavI)e. S::. R~mhol d , who acknowledged the foregoing instrument, to
be thelr vO.Luntary act. Betore me: ) '
r.--"-""H'~OFFlciAL-SEAL'''''--'l *~Z:~ OJci~;:nn
: ,BETTE JEAN OWEN I II
1 \, ,/ NOTARY PUBLIC-OREGON : My Commission expires 11 /19 /96
: ,,' COMMISSION NO.020237 I
I MY GOMMISSIOl~ EXPIRES NOV, 29. 1996 I
'~~... _.. .:<.:x:.':........ _ ..______________..;.<\
2/22/ W
Date
CITY L_ /J/
BY: /7--A h
Plannillg" Mfuager
F-. 7'1<':::
STATE OF OREGON, County of
f'..b. z.z~ , 1994.
64........M.I<CJrP
be their voluntary act.
J-AN. e:.
Personally appeared
, who acknowledged
Betore me:
the above named
the foregoing instrument to
.
OFFICIAL SEAL
TROY Me ALLISTER
NOTARY PUBLIC. OREGON
COMMISSION NO, 009914
MY IDMMISS~N EXPIRES SEPT, II, 1995
.-t-urt tIl< (~
Noia~ Public tor Oregon
My Commission expires s,::f7T:
'50
(<1"15
Site Plan Development Agreement
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