HomeMy WebLinkAboutAgreement APPLICANT 9/10/2007
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. CITY OF SPRINGFIELD
MINOR SITE PLAN MODIFICA nON
DEVELOPMENT AGREEMENT
('. _, . T~is DjVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this ){.Ji'day of
~, 2007 (the "Effective Date") by and between the CITY OF SPRfNGFIELD,hereinafter
"City" and Oregon Industrial Lumber Products, Inc. "Owner.", in accordance with Section 31.090, and
Section 3.070(3), 3.080(3), 3.090(3) and 3.100(3). .
RECITALS
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WHEREAS, on the 13th day of August, 2007, the City approved the Minor Site Plan
Modification Application submitted by the Applicant for the purpose ofthe following:
CITY CASE NUMBER DRC2007.00048, Type I Minor Site Plan Modification requesting approval for
the amendment to the design of a previously approved parking lot along with associated landscaping at
. Oregon Industrial Lumber Products, 3950 Marcola Road, Springfield, OR. The previous Minor Site Plan
being modified is Case Number DRC2006-00031.
WHEREAS, in consideration for a Type I Minor 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, Owner agrees to comply with all of the standards in thc 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, Building Official or their agents, or the Fire Marshall, which modifications or'
exceptions shall be reduced to writing.
WHEREAS, in consideration for Site Plan Review approval, the issuance of a Building Permit,
and the issuance of an Occupancy Permit, as specified in the Springfield Developmcnt Code Section
31.090, Owner agrees to comply with the following specific conditions imposed by the City as part of the
Site Plan Review approval:
I. Conditions specified in the Notice of Decision, dated August \.3,.2007 must be fulfilled prior
to the issuance of a Final Occupancy Permit.
2. All improvements must be constructedlinstalled as shown on the Final Site Plan dated
August 16, 2007 prior to the issuance of a Final Occupancy Permit.
3. A letter of Credil has been submitted, in the amount of $128,000.00, to delay the
construction of the parking lot. The parking lot construction must be completed six months
after the beginning date of the use of the new resaw building. Ifthe improvements to the
parking lot are not installed within the period stipulated, the security may be used by the City
to complete the installation. .
THEREFORE IN CONSlDERA TION OF THE FOREGOfNG RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
Date Received' LIt . I Dl. fit
Planner: LM
Development Agreemenl
DRC2007-00048
Page I of3
I. FINAL S[TE PLAN. . The Owner has submitted a Final Site Plan in accordance with Section
31.080 of the Springfield Development Code.
2. STANDARDS. The Owner agrees to fulfill aJI applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to the
occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.110
of the. Springfield Development Code.
3. CONDITIONS. Owner agrees to fulfill all specific conditions of approval required by the City
listed in the REClT ALS prior to occupancy, unless certain conditions have been deferred to a late~ date
in accordance with Section 31. J 10 of the Springfield Development Code.
4. MAINTAINING THE USE. The Owner agrees to the following:
(a) The building and associated parking and landscaping areas shall be maintained in
accordance with the provisions of the Springfield Development Code in order to
continue the use.
(b) Oil/water separator catch basins, if approved by the City, and other drainage systems
are required to be checked and cleaned to remove pollutants as needed (at least once a.
year, usually in September). All \vaste material must be disposed of in a lawful manner.
The Applicant/Owner must document these maintenance activities and have the
documents available on site for the City of Springfield to inspect and review.
5. [n addition to all other remedies which may be provideq by law or equity (including but not
limited to penalties provided by applicable State Law or City Ordinances), Owner agrees the City may
enforce Owner's responsibilities by withholding Applicant's Final Occupancy Penn it, and tenninating
any Temporary Occupancy Pennit which may have been granted. .
6. Any Site Plan Review approval becomes null and void if construction does not commence
within two years of the date of the agreement.
Development Agreement
DRC2007-00048
Page 2 of3
Date Received: L1
Planner: LM
/0 IfV'
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IN WITNESS WHEREOF, the Owner and City have executed this Agreement as of the date first herein
above written.
9./0-07
Date
OWNER:
BY:
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7 (f ,j/A./ _':~___' LL- _ .. .
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STATE OF l"/e.Cej0 VI , County of Lc.- ~ . ,'.
SR.(?)" i'\\ ,'1007. Before me appeared /...\d1.v\o, p\.. ~P\Q 'S ,who
being sworn did say that they are the Representative of the corporation, and that the seal affixed hereto is
its seal, and that this instrument was voluntarily signed and sealed in behalf of the corporation by
authority of its Board of Directors before me.
~L~L V2- ~~.
Notary Public for Or~"Y\
My Commission expires d 'df' II
9/IDlnF
Date'
CITY
B;:~
vlr aLM "'-_
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STATE OF OREGON, County of Lane .
~!'? 1-. I'\) ,2007. Personally appeared the above named
?I:-'u...~-+L... MM', \ \Vi , who acknowledged the foregoing instrument to be their voluntary
act. Before me:
Development Agreement
DRC2007-00048
Page 3 of3
Jtph-l-WL (2.. tu~
Notary Pubiic for Oregon
My Commission expires
;;;.;)7/!
Date Received: q . lb. 0 V
Planner: LM