HomeMy WebLinkAboutAgreement PLANNER 9/26/2007
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WHEREAS, on the 17th day of September, 2007, the City approved th~ Final Site
Plan Application submitted by the Applicant for the purpose of the following: "
CITY JOURNAL NUMBER DRC2006-00062 Type II Site Plan Review Application'
requesting approval of an eight-story, 161 room hotel building with restaurant and lounge,
conference rooms, indoor swimming pool, 63 un'derground parking spaces, 118 surface
parking spaces, and site landscaping. The hotel comprises a total of approximatelY 177,000
square feet. The property is located at 3530 Gateway Street in Springfield (A.ssessor's Map
17-03-15-33, Tax Lots 1500& 1600). The property is zoned Community Commercial (CC).
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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 Marshal, which modifications or exceptions shall be
reduced to writing. Ii .
WHEREAS, in consideration for Site Plan approval,.the issuance of aBuilding 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 ofthe 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.
2. All conditions of site plan approval must be met including addressing drinking water
protection standards pursuant to Planning Action DRC2006-00069, and recording of the
utility ~j. :. ,I)'" ,~easements required by the applicant's Site Plan a~proval.
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Dale Received: '1 ~~ /.2-007
Planner: AL ~
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THEREFORE IN CONSIDERATION OF THE FOREGOING RElmALS WHICH 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.
2. STANDARDS. The Applicant agrees to fulfill all applicat.le standards specified in the
Springfield Development Code and the'specific standards listed in the RECITALS
prior to the occupancy, unless certain conditions have belen deferred to a'later date in
, accordance with Section 31.110 of the Springfield Develclpment Code. "
3. CONDITIONS. The Applicant agrees to fulfill all specific ICO~ditiOnS of approval
required by the City listed in the RECITALS prior to occupancy, unless ce,rtain
conditions have been deferred to a later date in accordarice 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 :!;ite Plan shall be reviewed in
accordance with Section 31.100 of the Springfield Devel(lpment Code.
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5. MAINTAINING THE USE. The Applicant agrees to the following:
a.: The buildings and site'shall be maintained in a~(lrdanCe with the provisions
of the Springfield DevelopmentCode in order to c!ontinue use. ,
b. It shaH be the continuing obligation of the properl!l, owner to maintain the
planting required by Section 31.140 of the Springfield Development Code in
an attractive manner free of weeds and other inv!lding vegetation.
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c. Undeveloped land within the development area, iii any, shall be maintained
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 cowner or tenant in a condition
free of litter or dust, and deteriorated' pavement ohnditions shall be improved
" to maintain conformance with these standards. I ' .' , '
6. In addition to all other remedies which may be provided hy 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 respOl,sibilities by withholding
Applicant's Final Occupancy Permit and terminating any femporary 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 agreemen{
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Date Received'
Planner: AL .
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
. date first herein above written.
! /25j07 '
',Date
APPLICANT
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By: //
STATE OF OREGON, County of h./pr'f7J n
<.;Q~//nlvr/5~2007. Personally appeared the above named Vem McDonald,
Principal, Gateway Hospitality LLC, who acknowledged the foregoing instrument to be their
voluntary act. Before me: '
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, X (IlJ NOT:V~~ .
~ -,'t ,C/ COMMISjON NO. 415449 '
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Nota Public for-Oregon:
My Commission expires 111 /.117P7 ./l0 .l-cJ /./
CITY
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Date
By:
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STATE OF OREGON, County of
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tj ,c:;u "2007. Personally appeared the above named
. ,& d~ it 4Lb1/~ ", who acknowledged the foregoing instrument to be his
voluntary . Before me: /J ' "
,,'-~J -'c-~d~~k:1 l?i#I(IL:r--/~/
\! BRENlll\.l,oREGON (, NotarfPu'bllc for orego?:,)' ,
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;~i;~S~~\~;~'~ -= My Commission expires . 'IIV(J J-7:J-tJJ
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Date, Received:_'f hi hoc?
Planner: AL / / "
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