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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