The URL can be used to link to this page

Home My WebLink AboutAgreement PLANNER 2/20/2007 . ---\1' " CITY OF SPRINGFIELD MINOR SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT ThisDEVELOPMENT .AGREEMENT, hereafter "Agreement", 'is entered into tl;is _ day of February, 2007 (the "Effective Date") by and between the CITY OF SPRINGFIELD, 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 20th day of June, 2006, the City approved the Minor Site Plan Modification Application submitted by the Applicant for the purpose of the following: CITY CASE l\'UMBER DRC2006-00031, Type I Minor Site Plan Modification requesting approval for the addition of a 5,040 square foot building to house a sorter and resaw, and parking lot pavement along with associated landscaping at Oregon Industrial Lumber Products, 3950 Marcola Road, Springfield, OR. WHEREAS, in consideration for a Type I Minor Sit~ Plan Modification approval, the issuance of a Building Penn it, and the issuance of an Occupancy Pemlit, as specified in the Springfield Development. Code Section 3 I .090, Owner ai,'fees to comply with all of the standards in t!le 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 Developnlent 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 ~pproval, the is'suance of a Building Penn it, and tHe issuance of an Occupancy Perinit, as specified in the Springfield Development 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 June 20, 2006, must be fulfilled prior to theissuance of a Final Occupancy Penn it. . .. . 2. All improvements must be constructed/installed as shown on the Final Site Plan dated' August 28, 2006 priortothe issuance of a Final Occupancy Pennit. . . .. 3, . A Jetter of Credit 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 begilining date of the use of the new resaw building, If-the 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 CONSIDERA nON OF THE FOREGOING RECITALS WHICI-I ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: I, FINAL SITE'PLAN. The Owner has submitted a Final Site Plan in accordance with Section' 31.080 of the Springfield Development Code. .Development Agreement DRC2006,00031 Page 1 of3 '.. . ._ l/lD/OY' Dc.te RecelvedC. '. . . . Planner: LM . A , !l , 2. ST AND/uU)S.. The Owner agrees to fulfill all applicable standards specified in the Springfield Development Code and the'specific sti:nidards 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 theRECITALS prior to occupancy, miless certain conditions have been deferred to a later date in accordance with Section 31.110 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 drai.nage systems are required to be checked and cleaned to remove pollutatits as needed'(atleast once a year, usually in September). All waste material must be disposed of ina lawful manner. The Applicant/Owner must document these maintenance activities and have the docmi.1ents avail?ble on site for the City of Springfield to inspect and review, . . . . . .,' . 5, In addition to all other reinedies which rt1ay be provided by law or equity (including but not. . limited to penalties provided by applicable State Law or City Ordinances), Ow..!,er agrees the city may enforce Owner's responsibilities by withholding Applicant's Final Occupancy Pennit, and terminating any Temporary Occupancy Per:mit which may have been gr~nted.. . . .' . , . . 6. Any Site Plan Review approval becomes null and void i(construction does not commence. . within two years of. the date of the agreement. . . .. . . ",' " c. .. . ~ .) J \ " .",': " '""; ., . . , . " Date R'. J-/JAL:'l'. Plal}ner~Ct~ed:~ : J',,_ . Development Agreement DRC2006:00031 . Page 2 00 " '.' ~ ... ,..'J ":,. :.~ .' --\ "..,.........,.." ~ r. ~'H-l -lU'. oJ':' rn.A ,",,*.L I ":0,)00<:1 lJIT.)'" U1"" ::iYIUNlj'j-<'lhLU . , ' @004 ,. ',", , IN WITNESS WHEREOF, the Owner and City have executed this Agreement asofthedat~ first herein above ~tten. . : . 2' - 20 " ,2c:y:':'f Date o~. .~~~ . ".B'y,' :L\U'......A,~ . (. .... . . . ..... " .,.'~. . .. .'..... ."" ; . . . . . .. ". . . . '.' .bFfidAi SEAl , . $lAIIIA.J Arline. '. '.i. IIlQTARY PUBUC-OREGON . . . . COMMISSION NO, 378582. . MY'COMMtSsIONEXfltRES MARIS. 200li ..' . . ' . . . , " ,. ., , . . STATEOP' ~"c,,;. , County of L"c~ ,Pebruary~2007.Beforem"appeared. .' Ii,AJ"'-'LcUG.. liil'( (I <:ow"" 1/ .. . , who being sworn did say that they are the jeepresenlative . . of the corporation, and that the sealaffixed hereto is its seal, and that this instrUment was;' oluntarily signed and sealed in behalf of the corporati~n by authority of its Bo~d of Directors before me, . ~.Q{rt.. ,-->---. . V . . Notary Public for '.~.."7(J~ .. . .; . , ,'.' . ~;. ,v . . My Cci~ssion expires 31/'SI D J". .. ').../2() / ()} . . Date I CITY. '... BY: ~t1 ~" . . 1i1~~ . ). . . ,.' . '-' ....,.' . .. STATE OF OREGON,Co~nty of Lane ....... . ' ...... .. ,'. February .;Z.o.2007, Personally. appeared the above named 0..: .... ... ':..., .... .. act.~;rore ::./J/U' .. ... ....' who acia10wledgedthe for~going ~trum~ntto.be fheirv()l~ntary ........ r OFFiCiAL SEAL ~ . .. - / ' r. BRENOAJONES' J: Public for Oreg " NOTARY FUBLlC . OREGON . ~'. COMMISSION NO 374218 .,. . ~5:3C~>ii...k.~~~~~~~~~y'2Z, 2E, C0mm'<<'on ~xprres ~ ..n dtJOl ",. 'I,. .-'" ..:'. .'.,', . .~'.. . ., <; ; 'f' ' '~a.a. ~h:...~.~..?f.'i 2~4-L-. '. :..... > .:.,.....114...:.:...~....... "." , .. . . ~ D,evelopmentAgr~,ement . DRC2006:00031 . ',.Page 3 00 . ,.. '.. ",'" "'-. '.1' ;',;, '\ .