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Home My WebLink AboutAgreement APPLICANT 12/18/2007 r '. ' .,y-~ ,- '. k SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT ~ This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this '29th day of February, 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and McKenzie Willamette Hospital, hereinafter "Applicant". in accordance with Section 31.090. and Section 3.070(3), 3.080(3), 3.090(3) and 3.100(3). ' , , , RECITALS r WHEREAS, on the 18th day of December, 2007, the City approved the Final Site Plan Modification Application submitted by the Applicant for the purpose of the follo~ng: .' . CITY JOURNAL' NUMBER DRC2007-00044, Type II Site Plan Modification Application 'requesti~g approval to construct a new primary hospital entrance structure with a covered walk and drop-off area, impro,ved pedestrian vehicular and parking facilities, modifications to the G Street access, and a new employee parking lot on, the south side of G Street on property located at 1460 G Street; Assessor's Map 17-02-36-22 TLs 460 I and 7100 in Springfield. " WHEREAS, in consideration for a Type II Site Plan Modification Application 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 Codeto the extent they are applicable to this development project 'unless modified or excepted by the Site Plan 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 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, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval:' , I. All improvements must be constructedlinstalled or bonded as shown on the Final Site Plan ,set approved December 18, 2007. 2. All conditions specified in the Notice of Decision, dated August 8, 2007 must be fulfilled , prior.to t,he issuance of a Final Occupancy Permit. . THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALSWHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOllOWS: I. FINAL SITE PLAN. The Applicant has submitted a Final Site Planin accordance with Section 31.080 of the Springfield Development Code. '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 '.' 'RECEIVED ,",,-V , , Development Aiceemeryt DRQ007-o0044 By: \'2.-)8-67 , , . F" " the occupancy, unless certoin conditions hove been deferred to a later date in accordance with Section 3,1.110 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 ta 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 building and site shall be maintained in accordance with the p~ovisions of the Springfield Development Code in order to continue the use. (b) It shall be the continuing obligation of the property owner to maintain all trees and planting required by Section 31.140 and 32.050 of the Springfield Development Code in a healthy and attractive manner free of weeds and other invading vegetation. (c) Parking lcits 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. ' (d) Oil/water separator catch basins, if approved by the City, are required to be checked and cleaned to remove pollutants as needed (at least orice a year, usually in September). All waste material must be disposed of in a lawful manner. All vegetated stormwater facilities,shall be maintained for both functionality and aesthetics. The owner/developer must document the maintenance activities at th,s site and to have the documents available on site for the City of Springfield to inspect and review. (e) 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. (f) Site drainage must drain to an' approved drainage way with sufficient capaci~1 to accept the discharge. 6. In addition to all other remedies which may be provided by low or equity (including but not limited to penalties provided by applicable State Law or City Ordinances), Applicant agrees the City may enforce Applicanfs responsibilities by withholding , Applicanfs Final Occuponcy Permit, ond terminating ony Temporary Occur~rmit which may have been granted. " R c:. V E ~ VE D 7. Any Final Site Plan approval becomes null and void if construction does not __ commence within two years of the dote of the agreement. Development A~re.einenf. DRC2007-00044 ,By: \l-;:Yb/\j1 '.. >..:;-; --~ .' IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. ;?,,;2f.o? Date APPLICANT: BY: m fA- I ~ STATE OF rtk.e.1cJYl- . County of ~.. '_ /l _ I tJ-./ <:P- & . 2062, before me appeared ~,C~ and , , who being sworn did say thai he/she is an authorized representotive of McKenzie Willamette Hospital, and that the seal affixed hereto is its seal, and that this instrument was voluntarily signed and sealed in behalf of the District by authority of its Board of Directors before me. . ' I . OFFICIAL SEAL ,.' SUSAN FREITAG YOUNG ~ NOTARY PUBLIC - OREGON '~' COMMISSION NO, 416550 MY COMMISSION EXPIRES APR. 18. 2011 Notary publiC~P41" ..\_LJp~ Notary Public for Lf//.-li-. &;( ~t7J--'- .. - v My Commission expires if f ~/ ~II CllY -:2~ ;2q~rJt- Date BY~l7dttr#~ ' S ATE OF OREGON, County of Lane 00 rsonally appeared the above named ';r-- . who acknowledged the foregoing instrument to be their vol tary act. Before me: U ""----------~--------,' Notary Public ~ Crr) Mf' f .. OFFICIAL SEAL , ;, SANORA MARX , ; \. .' NOTARY PUBLIC-OREGON , Notary Public for Oregon , '..' COMMISSION NO, 385725 J j MY COMMISSION EXPIRES NOV, 12. 2008 ~ // h 1______.'>,.,.~~",.,...~""'-----, My Commission expires ly'l2jZO()( RECEIVED ,...-.... LJeveloprnenfAgreernenf DRC2007-00044 By: '/2- ~g-{J 7 ; ;:- I" ,00 Development Agreement. DRC2007-00044 3 r'Z. . ;