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HomeMy WebLinkAboutAgreement APPLICANT 9/10/2007 -, . ... / . 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 ^. 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' \ ' 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: ~------ /' y-' 7 (f ,j/A./ _':~___' LL- _ .. . . '. ( . '. \, 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 "'-_ I 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