HomeMy WebLinkAboutAgreement PLANNER 7/25/2007
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SITE PLAN MODIFICA TIONDEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this'2S" th day of
July, 2007 (the ;'Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and
Pacific Source Health Plans, hereinafter "Applicant", in accordance .with Section j 1.090" and Section
3.070(3), 3.080(3), 3.090(3) and 3.100(3).
RECITALS
WHEREAS, on the 2Sth day of July, 2007, the City approved the Final Site Plan Modification
Application submitted b~ the Applicant for' the purpose of the following:
CITY JOURNAL NUMBER DRC2007-00027, Type II Site Plan Modification Application requesting
approval to add an emergency generator and gravel access road to an existing developed site located at
110 International Way; Assessor's Map 17-03-15-21-40; Tax Lot 100in 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 i'n the
Springfield Development Code and the Springfield Municipal Code'to 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 agreeno comply with the following specific conditions imposed'by the.City as
part of the Site Plan approval:
I. All improvements must be constructed/installed or bonded as shown on the. Final Site Plan
set approved July 25, 2007.
2. All conditions specified in the Notice of Decision, dated June 7, 2007 must be fulfilled prior
to the issuance of a Final Occupancy Permit.
3. '.AII conditions specified in the Drinking Water Protection Overlay District Notice of
Decision DRC2007-00028 dated May 30,2007 must be fulfilled prior to'fiIling the generator
. with fuel. . .
4. . All conditions specified in the Flood Plain Overlay District Notice of Decision SHR2p07-
00004 'dated'June 2S, 2007 shall be. met prior to the issuance of the building permit: ,-
In accordance with SDC:27.030 (3)(d) and SDC 27.040 (2)(b). the final desig~ a~d,
methods of construction for the proposed generator structure within the area of'
Special Flood Hazard area shall be certified by the applicant's professional engin~~;:1 and
architects to demonstrate that structures are designed and.shall be constructed'. in';
accordance with accepted standards of practice. Structures located within the area of
Special Flood Hazard area shall be flood-proofed in accordance with SDC 27.040 (2)(b).
This condition shall be met at Building Permit review.
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The materials, methods and utility equipme'nt proposed by the applicant shall be"
designed to' resist flood damage. Electrical, heating, ventilation, plumbing equipment and
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Development Agreement
DRCl007-00027
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other service facilities shal,l be designed and/or otherwise elevated or located to prevent
water from entering or'accumulating within the'components during conditions of
flooding. This criterion will be satisfied when building permit plans are approved for the
structures.
. The applicant shall provide certification from the engineer and/or architect that the
design and methods of construction are in accordance with accepted standards of
practice for'meeting provisions of SDC 27.040(2)(b) I and 2 based on their development
and/or review of the structural design, specifications and plans. The certifications shall
be provided co the Building Official as set forth in Section 27.030( 1 )(a)6.b. Compliance
with SDC 27.040(2)(b) I and 2will be determined by the Building Official at Building
Permit Review for the structures.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
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. I. 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 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 toJulfill 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 3 I . I 00 of the Springfield Development Code.
S. MAINTAINING THE USE. The Applicant agrees to the following:
(a) The building and site shall be maintained in accordance with the' provisions of the
, Springfield Development Code in order to c.ontinue the use.
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(b) ,It shall be th>e continuing obligation ofthe property owner to.maintain all trees and ,
planting required by Section'3 1.140 and 32.050 of the Springfield Development Code in'
. a healthy and attractive manner free of weeds and other invading vegetation.
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(c) Parking lots shall be mairitained by the property owner or tenant in a condi~ion fr.ee
of litter or dust, and deteriorated pavement conditions shall be improved to maintain';
conformance with these standards. ' ~",'
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(d) Oil/water separator catch basi~s, if, approved by the City, are required;tb' ~e. .
checked and cleaned to remove pollutants as needed (at least once 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. Jh:
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Development Agreement.
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owner/developer must document the maintenance activities at the 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.
(I) Site drainage must drain to an approved drainage way with sufficient capacity to
accept the discharge.
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 approval becomes null and voi.d if construction does not commence.
within two years of th<,; date of the agreement.
RECEIVED
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Development Agre~ement
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written.
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APPLICANT: .
BY:~~
Date
STATE OF (Xe.c,cw, ,County of '--.LlV1L,
JulyQ,C;- ,2007 before me appeared <--..(f' I!P n _\ nr r\ and
~_ >.if Xl _\ (:)( d; , who being sworn did say that he/me is an
authorized representative of Pacific Source Health Plans. and that the seal affixed hereto is its seal, and
that this instrument was voluntarily signed and sealed in behalf oldie District by authority of its Board
of Directors before me.
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, . OFFICIAL SEAl.
j. " L1NDAA MARTI"
:: . ! NOTARY PU6UC. OREGON
: \..../ COMMISSION NO. 408265
I Ml'CCMMISSION EXPIRES JJNE 12, 2t10
Notary PUblid PI do a lfYlo./rhn
Notary Public for () (Qq ()V\
My Commission expires \\"\LI...r\..,L /OJ. c!;Jo I 0
CITY
7/J5/t7
BY~tlll,
Date
, STATE;"qF OREGON, County of Lane '
July .7\9 2QP7 Personally appeared the above named ' . '
L-iVlL/, .JIll nJiA , who acknowledged the foregoing instrument to be their
voluntary act. Befcife'me:
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()~, BRENDA JONES . "l ,.-.' U
o i,~f . NOTARY PUBLIC, OREGON ,.' ". .
~ ~~~~~~r~!~~!~1~~}J08 \ Notary PubliC for Oregon MA Ii""
My Commission expires / I '''''''''-,1 'J? }-(i{)!!
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RECEIVED
Development Agreement
DRCloo;i.o0027
By:
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