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HomeMy WebLinkAboutPermit Miscellaneous 1988-6-23 I" .. '" .. ~ . I' SITE PLAN REVIEW DEVELOPMENT AGREEMENT 3000 (.,cd- ~)CL cr 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. , .01- 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. . I 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. I 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. ~ .r 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. . . APPLICANT GATEWAY MALL LIMITED PARTNERSHIP uate BY: General Growth Partners, Inc., General Partner , I' ') l) 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"_ ... - My Commission exo1res ... ~~4-L78~ trite CITY ~ 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: ~?a:1~ My C~llIniss10n IXP1resF' ~--L?I)~ . 538LGL STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )ss. ) 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-.,; ()F~I(:I,'\ ,_ <:r '\!.. Fl,/I, ;\: ,\",~,' Notc.ry h..!t' c-:<. r )'Ij LO" ANO_!.I_S \' :U". i,' ~'1 ) \ '\ II II 1 ".____.~y_C~~m_[xp .-U) I) 1(J~J ; ~ .... ... - .... -- ---.--.-.. --..-....;::.::..;;;:, 537LGL 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.