HomeMy WebLinkAboutAgreement APPLICANT 2/27/2007
;~.
I,
",.
""-
~
~"
)
DEVELOPMENT AGREEMENT
SITE PLAN
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 27
day of lfJ"?Ul"'L, 2007 (the "Effective D,ate") ~y and be~een the Cfi!1F , 'l I, -I -I/,. 1.
SPRINGFIELD, K'ereinafter "City" and 6'111'~.L<!f. f.d".t!... A- / ~ U/l.{!T~ L-/tWllllil' I!.;,~
hereinafter "applicant," in accordance with S ctlon 31,090 and Sections 3,070(3), . I
3,808(3),3,090(3) and 3,100(3),
RECITALS
WHEREAS, on the 16th day of February, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY'JOURNAL NUMBER DRC2006-00085 Type II Site Plan Application requesting
approval for a Site Plan as submitted to the Springfield Planning Division on February
5th, 2007 for property located at 104 'Q' Street, Assessor's Map 17-03-27-10TL 3300 in
Springfield, Oregon, This approval is limited to construction of a new 24,838,square foot
commercial center consisting of (3) separate commercial spaces, one of which to be
leased by Wa/greens and another to be leased by First Tech, Credit Union, The third
building will contain four lease spaces for commercial use, '
WHEREAS, in consideration for Type II Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 31,090, Applicant agrees to comply with all of the
standards in the 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 approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 31,090, Applicant agrees to comply with the following
specific conditions imposed by the City as part of the Site Plan approval:
1, All improvements must be constructed/installed as shown on the Final Site Plan and
approved public improvement and construction plans prior to the final building
inspection,
2, All conditions of ' site plan approval must be met including recordation of any new
easements shown on the Final Site Plan,
THEREFORE IN CONSIDERATION OF THE FOREGOINGRECITALSWHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE
AS FOLLOWS:
1, FINAL SITE PLAN, The Applicant has submitted a Final Site Plan'in
accordance with Section 31,080 of the Springfield Development Code,
o
. ...~
2, STANDARDS, The Applicant agrees to fulfill all 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. The Applicant agrees to fulfill all specific conditions of approval
required by the City listed in the RECITALS prior to occupancy, unless certain conditions
have been deferred to a later date in accordance with Section 31,110 of the Springfield
Development Code.
4. MODIFICATIONS, The Applicant agrees not to modify the approved Final Site
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,
5. MAINTAINING THE USE, The Applicant agrees to the following:
a, The buildings and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue use,
b, It shall be the continuing obligation of the property owner to maintain
the planting required by Section 31.140 of the Springfield Development
Code in an attractive manner free of weeds and other invading
vegetation,
c, 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,
d, Parking lots shall be maintained by the property owner or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall
be improved to maintain conformance with these standards.
6. In addition to all other remedies which may be provided by law or equity
(including but not limited to penalties provided by applicable State Law or City
Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by
withholding Applicant's Final Occupancy Permit and terminating any Temporary
Occupancy Permit which may have been granted,
7, Any Final Site Plan approved becomes null and void if construction does not
commence within two years of the date of the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of
the date first herein above written,
APPLICANT
Date
~'J4~
. ~ ~//.N'
SKy~4
Z-2-7-07
2
,.
..: .
-'-..
By:
\j\~1\t1
STATE OF OIlCCOP4, County of bt7l It \.f'1'tf~
~bYVt!lv:J '7--1 ,2007, Personally appeared the above named
'~rfk f(x , who acknowledged the foregoing instrument to be their
voluntary act. Before me:
~" 'fAYLOR
.1Ul1I GP Ul'AH
t&\ &;~iir\fm4DO
~.. EalLOl12412On
, ~~~W-
Notary Public for Or-egon lAmVj
My Commission eXPiresO\ lzM 1\
"'S ---''"2 - 0 7
CITY
BO~~
Date
STATE OF OREGON, County qA. 1---
~~ c;..)--eR.-, 2007, pers0711y appeared the above named
:.oM/D .e..8ti5 01'2- , who acknowledged the foregoing instrument to be his/her
voluntary act. Before me:
___ ~' 11;1 'tUu
Notary 'mlie fj Oregon :.
My mr~3m expires JU.,,c0 <) 2tR)!?'
ij-------' ~---,-'-=-=-.----.,
. OFFICIAL SEAL '
J" NANCY MACHADO
I \ , ./ NOTARY PUBLIC" OREGON
, .. COMMISSION NO, 380103
MY COMMISSION EXPIRES JUNE 18, 2008
"-._---~~..~. -~-:::-.;~<;;,.,~
3