HomeMy WebLinkAboutMap APPLICANT 12/24/2005
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DEVELOPMENT AGREEMENT
SITE PLAN MODIFICATION
This DEVELOPMENT AGREEMENT, hereafter "Agreement" IS entered Into this
~tfn1 day of P?ulJ11Clit/"", 2005 (the "Effective Date") by and between the CITY
OF SPRINGFIELD, hereinafter "City" and C j'1ltH1 bf v-S D.eu-t [() J;?in-errt (I r:1<tJ.
hereinafter "applicant," in accordance with Section 31 090 and Sections 3.07b(3),
3.808(3}, 3.090(3} and 3.1 00(3}
RECIT ALS
WHEREAS, on the 2nd day of December, the City approved the Final Site Plan
ApplicatIOn submitted by. the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2005-00059, Minor Site Plan Modification
Application requesting approval of modification of parkmg for phase II of Sports
Way Business Park (DRC2002-05128) The property IS located between Sports Way
and International Way (Assessor's Map 17-03-15-32, Tax Lots 200, 300'and 400).
The property is zoned Community CommerCial (CC).
WHEREAS, In consideration for Site Plan Modification 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
of the standards in the Springfield Development Code 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, Buildmg Official or their agents, or the Fire Marshall,
which modifications o~ exceptions shall be reduced to writing.
WHEREAS, In consideration for Site Plan Modification approval, the issuance
of a BUilding Permit, and the Issuance of an Occupancy Permit, as specified in the
Spnngfleld 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
and approved public improvement and construction plans prior to the fmal building
inspection.
2. All conditions of site plan approval must be met including recordation of any new
easements shown on the Final Site Plan.
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 31.080 of the Springfield Development Code.
Sports Way Busmess Park
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2. STANDARDS. The Applicant agrees to fulfill all applicable standards
specified In the Spnngfleld Development Code and the specific standards listed in
the RECITALS pnor to the occupancy, unless certain conditions have been deferred
to a later date in accordance with Section 31 .110 of the Spnngfleld Development
Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of
approval required by the City listed in the RECITALS pnor to occupancy, unless
certain conditions have been deferred to a later date In accordance with Section
31.110 of the Spnngfleld Development Code.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Final
Site Plan without first notifYing the CI1y l\!Iodlflcatlons to the Final Site Plan shall be
reviewed in accordance with Section 31.100 of the Spnngfleld Development Code.
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 Spnngfleld Development Code In order to continue
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.
c. Undeveloped land Within the development area shall be maintained
free of trash and stored matenals 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.:!., J.:rst,~d detenorated pavement conditions
shall be improved to maintain dS~ormance With these standards.
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 approved becomes null and void if construction does
not commence within two years of the date of the agreement.
Sports Way Busmess Park
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of
the date first herein above wntten
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Date
APPllCAN~ CivJ~ ~ .:i6p,
By (~~~ ~
By:
STATE OF OREGON, County of r-&l~
iJ-1 J-. q , 2005. Personally appeared the above named
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~{!j rCLtr'yYl O'),.llCll];~'~~; acknowledged the foregoing instrument to be their
volunt~y act. Before me:
OFFICIAL SEAL
STACIE AVERY
NOTARY PUBLIC-OREGON
COMMISSION NO 389956
MY COMMISSION EXPIRES MAY 2, 2009 _
tJ):fl{ jV
· Notary Public for Oregon
My Commission eXPires*!7J 9
CITY
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Date
By:
\;)wl ~~~
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STATE OF OREGON. County of
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~=:/ ID , 20a&. Personally appeared the above named
(J. ~ ~ UJ11iY1~ ' who acknowledged the foregOing instrument to be his/her
voluntary act. Before me:
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v ~~:~~':'.:>~'<.1,,,,,. "~~-~
fj) OFFICIAL SEAL .'-' '1
(~{ I.; '" BRENDA JONES )
It} ~ ' NOTARY PUBLIC - OREGON 2\
"1 ", COMMISSiON NO 379218
iJ MY C(;MM(:fIOij EXPI!;?ES MAY 27, 200S II
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Sports Way Busmess Park
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