HomeMy WebLinkAboutAgreement PLANNER 4/11/2007
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
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This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ".
II day of A?~ l- , 2007 (the "Effective Date") by and between the CITY.
'" OF SPRINGFIELD, hereinafter "City" and R KEEPERS INVESTMENTS, hereinafter :
. "applicant," in accordance with Section 31.090 and Sections 3.070(3), 3:080(3),
3.090(3) and 3.100(3).
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RECIT AlS
WHEREAS; on the. 11th day of April, 2007, the City approved the Final Site
Plan Application submitted by the Applicant for the purpose of the following:
'. CITY'JOURNAL NUMBER DRC2006-00083 Type II Site Plan Review,..
Application requesting. approval of two, two-story office buildings (one containing a
second-story apartment unit), parking and site landscaping. The office buildings
and apartment unit comprise a total of approxim.ately 9,660 square feet. The -q.
. pr.operty is located at 1887 2"d Street in Springfield (Assessor's Map 17-03-26-24,.
Tax Lot 1100).. The property is zoned Community Commercial (CC).
WHE'REAS, 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 Marshal,
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 construction plans prior to the final building inspection.
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2. All conditions of site plan approval must be met including lease agreement
language that addresses drinking water protection standards, and recording of
the Springfield Utility Board easement and Street Improvement Agreement
provided with the applicant's Final Site Plan submittal.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE'
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE
AS FOLLOWS:
DaKI neceived' ~;/I).O<>7
Planner: AL
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1.'FINALSITI~ PLAN, The Applicant has submitted a Final Site PI~n in
accordance with Section .31.080 of the Springfield Development Code.
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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, unle'sscertain conditions have
. been deferred to. a later date in accordance with Section 31.1.10 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,
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. 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
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use.
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b. It shall be the continuing obligation of the property owner to maintain'
the planting required by Section 3 L 140 of the Springfield
, Development Code in an attractive manner free of weeds and other
invading vegetation.
. c. Undeveloped land within the development area, if any, shall be. .
maihtained free.of trash and stored materials and' kept 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 grant'ed.
7. Any Final Site Plan approved becomes null and void if construction does not'
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commence within two years of the date of the agreement.
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, DatCi ~ecelved: .; //P1t17
Planner: AL . I
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',IN WITNESS WHEREOF, the Applicant and, City ha\(e e~ecutedthisAgreement as of,
, the date first herein above written, ' '
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APPLICANT
"/1//07
Date
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ST ATE OF OREGON, County of
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'U-fJA/} if':" ,2007, Personally appeared the above named Nathan Keepers,
Principal, R Keepers Investments, who acknowledged the foregoing instrument to'
be their ,voluntary act. Before me:
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'I . OFFICIAL SEAL ','
, ' BRENDA JONES '
j ~i NOTARY PUBLIC. OREGON
I ,~ COMMISSION NO 379218 " "
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Nota? pu~liC forJegOn, ",',",..
My Commission eXPires~n ~t,
CITY
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ST ATE OF OREGON, County of
'~II , 2007, Personally appeared the above named
~I 'Lfn~Yi:L' ,who acknowledged the foregoing, instrument to be-his
voluntary act, Before me: ,
(1'-.-- -'----~FFICI;u,'~I\
',' H' '. BRENDA JONES "
" \" ,/ NOTARY PUBLIC. OREGON "
, COMMISSION NO, 379218 "
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otary pUb{70regon '
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My Commission expires ~ {J
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Date Received: '/f/~o7
Planner: AL ' , I'"
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