HomeMy WebLinkAboutPermit Miscellaneous 1988-6-23
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT, herefnafter "Agreementll. fs entered fnto th1s
day of . 1988 (the aEffecthe Oate") by and between the CI I I ut'
SPRINGFIELU. nere1 harter "Cf ty", and "GATEWAY MALL LIMITED PARTNERSHIp., hereinafter
-App11cantH, in accordance with Section 31.090, and Sect10n 3.070(3), 3.080(3),
3.090(3), and 3.100(3}.
RECITALS
WHEREAS, on the 23rd day of June , 1988, the City approved the Ffnal Site
Plan Applfcatfon submH'cea 'oy the AOPllcant tor the purpose of allowing:
Journal Number 88-03-35. Assessor's Mac 17~03-22-00 Tax Lots 02109, 02200 and
02300. The development of a multf-purpose reta~l facility between 1-5 and
Gateway Street north of Harlow Road. ,
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WHEREAS, in consfderation for Site Plan aoproval, the issuance of a Bu11dfng
Permit, and the fssuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 31.090, Applfcant agrees to comply with all the standards of
the Spr1ngffeld Development Code and Springfield Municipal Code which may be
applicable to this development project (unless modified or excepted by the stte Plan
Review Oev@lopment Agreement, Planning Director, Planning Commission, Building
Official or their agents, or the Fire Marshal, which modifications or exceptfons
shall be reduced to writing), including but not limited to, the following:
1. The drainage ditch adjacent to I-S shall remain open and landscaped.
2. All fire hydrants located in landscaped areas must be maintained with a
nvegetatfon free" radius of 3 feet. Minimum separation between hydrants and
lighting standards must be five feet.
3. All identified fire hnes must be IIvegetation freel' for a m1n1mum verdcal
clearance 01 13 feet 6 inches.
4. All evergreen plants exceeding two and a half feet in height at maturity must be
located outside of all vision clearance triangles. These areas include driveway
intersections with streets and driveway intersections with the ring roads.
5. All landscaped areas which exceed the minimum Code standards and are shown on
the Final Site Plan must comply with clanting standards of this Code and must be
maintained as landscaped area.
6. The location and description of all public utility easements must be included on
the drawings submitted for construction permits.
7. All pUblic improvements identified in CRITERIA '2 of the Planning Oirector's
Decision . FINDINGS OF FACT, must be completed grior to final occupancy of this
fac111 ty.
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8. Any additional public improvements:(on those sections of streets identified for
i,norovement 1n CRITERIA 12) that may need to be installed because of the effects
of this development. will be assessed to the Applicant commensurate with the
development1s contribution to the need for these improvements.
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9. A Facilities Permit must be obtained from Lane Regional Air Pollut1on Authority
prior to construct10n of on-site parking and circulation areas.
10. It shall be the applicant's responsibility to obtain (from affected agencies)
any additional permits necessary fo~ the completion of this development.
11. This site plan approval does not include building sites detached from the mall
and shown on the plan to be reserved for future deyel~pment. All subsequent
development will be subject to the requirement$ of the Codes in effect at the
time of development. ~
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 DeveloDment Code Section 31.090. Applicant agrees to comoly wfth the
following specific conditions imposed by'the City as part of the Site Plan approval:
The Applicant shall submit a Disposition and Development Agreement,
executed by Applicant and the City of Springfield. specifying the nature.
scope, timing and method of financing of all pUblic improvements required
of this development. prior to construction of structural footings for this
facility. This reQuirement is imcosed with the understanding that
Applicant and the City of, Springfield have heretofore entered into a
Memorandum of Understanding regarding tnis reQuirement on January 21. 1988.
NOW 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 1n
accordance with Section 31.080 of the Springfield Development Code.
2. STANDARDS. The applicant agrees to fulfill all aDPlicable standards
specified in the Springfield Develooment Code and the specifiC standards listed 1n
RECITALS prior to occupancy. unless certain standards have been deferred to a later
date in accordance with Section 31.110 of the Springfield Oevelooment Code.
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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 31.110 of
the SDr1ngfield Development Code.
4. MODIFICATIONS. The applicant agrees not to modify the approved Final S1te
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.
S. MAINTAINING THE USE. The applicant agrees to the follDwing:
(a) The building and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to~0~t1nue the use.
(b) It shall be the continuing obligation of A the property owner to
maintain the planting required by Section 31.140 of tne 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 prope~y owner or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall be
imDroved 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 addition to all other remedies which may be orovided by law or equity
(including but not limited to penalties provided by applicable State Law or C1ty
Ordinances). Applicant agrees that City may enforce Applicant's resDons1bfltt1es by
withholding Applicant's Final Occucancy Permit, and terminating any Temporary
Occupancy Permit which may have been granted.
7. Any F1nal Site Plan approved becomes null and void if construction does not
commence within one year of the date of this Agreement.
IN WITNESS WHEREOF. the Appl;cant and the City have executed this Agreement as of the
date first hereinabove written.
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APPLICANT GATEWAY MALL LIMITED PARTNERSHIP
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BY: General Growth Partners, Inc., General Partner
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BY: (),i'h., (/ L~"~fA/.~J/lM
John &acksbaum, V~ce Pres~dent
STATE OF OREGON, County of "
. 198___- ~erSQnal IY' appeared the above named
. who ac~nowledged the foregoing instrument to
De tne1r VOluntary act. ~erQre me:
Notary ~UDI'e Tor urego"_
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My Commission exo1res
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BY: ' .
u~. e """,ura<,,r
STATE OF OREGON, County of 1.~ :
tJ,.(:?t')~ ~. HI'/H , 198 ~ - ~erson41lY appeared the aDove named
, I rt(~ . whO acknowledged the forego1ng 1nstrument to
De tnelrVoluntary act. tseTOre me:
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My C~llIniss10n IXP1resF' ~--L?I)~
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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On this ~,h~ day of Sep~~EYL, 1988 before me, the
undersigned, a Notary PubllC 1n and tor sald State, appeared
John Bucksbaum, personally known to me or proved to me on the
basis of satlsfactory evidence to be the person who executed
the within instrument as Vice President of GENERAL GROWTH
PARTNERS, INC., the corporate General Partner of Gateway Mall
Limited Partnership, the partnership that executed the within
instrument and acknowledged to me that they executed the same
on behalf of GATEWAY MALL LIMITED PARTNERSHIP, and that said
last named partnership executed the same.
WITNESS my hand and official seal.
SIgnature t,Jlt a:, (" Ma--z-.,;
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
ADDENDUM
THE PROVISIONS OF THIS ADDENDUt1 SHALL BE PARAMOUNT AND
CONTROLLING AND SHALL SUPERSEDE SAID PRINTED PROVISIONS IN THE
EVENT OF ANY CONFLICT, INTERPRETATION OR INCONSISTENCY.
The provisions of Paragraphs 1 and 5 of the Recitals, and
Paragraphs 2, 5(b) and Sed) of the Agreement notwithstanding,
the Applicant and City acknowledge and agree that the
procedures, rules, regulations, terms and conditions applicable
to, and governing the wetlands (and their mitigation)
established by the U.S. Army Corps of Engineers shall control
and supercede any and all conflicting or inconsistent
provisions of the Site Plan Review Development Agreement and/or
the Springfield Development Code.
This would include, by way of example, the obligation to keep
the property Dfree from weeds and other invading vegetationD to
the extent such requirements would violate or conflict with the
wetlands mitigation plan to maintain and preserve certain
plants, weeds and grass in their natural state.
THIS ADDENDUM CONSISTS OF ONE (1) TYPEWRITTEN PAGE.