HomeMy WebLinkAboutAgreement Miscellaneous 3/21/2008
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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Date Re~ived:*! rJ2
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MINIMUM DEVELOPMENT STANDARDS
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Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is enter~d into this 21 day of March, 2008 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and the Springfield School
District, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter 'SDC" 5.15"
125 and 5.1-125.B.
RECITALS
WHEREAS, on the 13 th'day of February, 2008, the City approved the Minimum Development Standards,
hereinafter 'MDS"' application submitted by the Applicant for the purpose of the following: '
CITY CASE NUMBER DRC2007-000B2, Type I MDS application, requesting approval to construct a boiler
room on the Yolanda Elementary School property. The property is located at 2350 Yolanda Avenue in
Springfiela, Oregon (Assessor's Map 1}-03-24-41, Tax Lot(s) 3002).' '
WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit; as specified in SDC 5.15-125, the Applicant agrees to comply with all of the
standards in the SDC and the Springfield Municipal Code that may be applicable to this development project
unless specifically modified or excepted by this Agreement, the Development Services Director, Planning
Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be
reduced to writing. . .
WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following
specific conditions imposed by the, City as part of the MDS approval:
1. All improvements must be ,constructedlinstalled or bonded as shown on the Final Plot Plan, dated
March 12, 200B.
2. All conditions as specified in the MDS DRC2007-00082 Decision, dated February 13, 2008 must be
fulfilled prior to issuance of the Final Occupancy Permit.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A
PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS:
1. FINAL Plot PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125.
2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.17-150. '
3. CONDITIONS. The Applicant agrees to fulfill all specific conditiDns 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 SDC 5.17-150.
, 4. MODiFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan without first
notifying the City. .
5. MAINTAINING THE USE. The Applicant agrees to the following:
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a. The buildings and site shall be maintained in accordance with the provisions of the SDC in ordfilr to
continue the, use.' .
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b. It shall be the continuing obligation of the property owner to maintain the planting required by
the SDC in a'n attractive manner free of weeds and other invading vegetation.
c. Undeveloped land within the development area, if any, shall be maintained free of trash and :
stored materials an'd kept in a'mowed and attractive manner. Undeveloped land shall not be used
for parking. '
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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 the
SDC.
7. In addition to all other remedies which may be provided by law or equity (including but not limit,ed tp
penalties provided by applicable State Law or City Ordinances), the Applicant agrees that the Ci!y;may
enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and I
terminating any Temporary Occupancy Permit which may have been granted. '
8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 pays
of the MDS DRC2007-000B2 Decision. '
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first hel"ein:
above written. '!
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APPLICANT
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By:
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STATE OF OREGON, County of Lane, March J..,L, 200B. Personally appeared the above named Steve
Barrett of the Springfield School District, who acknowledged the foregoing instrument to be his voluntary act.
Before me:
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I. OFFICIAL SEAL ,
<: , " SANDRA MARX . , j
I, \ ./ NOTARY PUBLIC - OREGON j
, .. COMMISSION NO. 385725 j
<: MY COMMISSION EXPIRES NOV, 12 2008 j
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Slt~ 'on Mi
Notary Public for Oregon I
My Commission Expires /1/1'2-/0 g
CITY OF SPRINGFIELD
3);;)1/08
Date
By:,,-D~:::..l/'~
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STATE OF OREGON, County of Lane, March_ ~ \ ,2008. Personally appeared the above named Molly
Markarian, Development Services Department Planner II, who acknowledged the foregoing instrument to be
his voluntary act. _ ~e~o~e:e: ,~_~ R E eEl VE
j<.-- """"lli-" ~u OnAlv/ '.
j' SANDRA MARX ! Notary Public for Oregon I - - - I
I . . NOTARY PUBLIC-OREGON , ---,.. -'---
, '. COMMISSION NO 385725 I , 1!. /, 'J
..~___~;::.~~~~~~~~~~~~~.:.:.O.~! My Commission expiresh/2.;O DBy: 3-2~I-o 8'
Case No. ORC2007 -00082
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2012
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