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HomeMy WebLinkAboutAgreement APPLICANT 6/19/2007 '" \;.,1; .. , ~ .~ SITE PLAN REVIEW DEVELOPMENT AGREEMENT , ~, It! , This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this*'h day of June, 2'007 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and Greg Larkin, hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3) and 3.100(3). , . . RECITALS WHEREAS, on the 14th day of June, 2007, the City approved the Final Site Plan Application submitted by the Applicant for the purpose ofth~ following: . CITY JOURNAL NUMBER DRC 2006-00093, Typ'e II Site Plan Application requesting approval to construct l! 18"unit ~ownhouse project at 327 S. 42~d Street; Assessor's Map 17-02-32-33 Tax Lot 1701 in Springfield. . . WHEREAS, in consideration for a Type II Site Plan Application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Developmbnt Code Section 31.090, Applicant agrees to comply with all of the standards in the SpringfieldlDevelopment 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, Developm~nt Services DireCtor, Planning Commission, Building Official or their agents, or the Fire Marshall, ~hich modifications or.exceptions shall be reduced townting. ' WicJEREAS, 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' p' . City as part of the Site Plan approval: I. ',: All improvements must be constructed/installed or bonded as shown on the Final Site Plan II and addenda approved June 14, 2007. ' . 2. I. All conditions specified in the Notice of Decision, dated February 14,2007 must be '1: fulfilled prior to the issuance of a Final Occ'upancy Permit.. I ~ ,. , . THEREFORE IN CONSIDERA nON OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: :f 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code. II 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the Sphngfield Development Codeand 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 to fulfill all specific coriditions 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 Cdde. Developmen! Agreement DRC2006-00093 -\ I't: ,-j \. n ;!, \ .'" 1',-1" I;:' U ;,,)l'. "" '" j~ By f.?-j<1-Dl T~~ " " ~ , I 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan withont firstinotifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Section 31.100 of the Springfield Development Code. , , 5. MAINTA~NING 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 continne the nse. . .. (b) It shall be the continuing obligation of the pr,operty owner t,o maintain all trees and planting required by Section 31.140 and 32.050 ofthe Springfield Development Code in a healthy and attractive manner free of weeds and other invading vegetation. (c) Parking lots shall be maintained by the property owner or tenant in a condition free oflitter or dust, and deteriorated pavement conditions shall be improved to' maintain conformance with these standards. (d) Oii/water separator c~tch basins, if approved by the.City, are required to be checked and cleaned to remove pollutants as needed (at least once a year,' usually in September). All waste material must b'e 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 the site and to have the 40cuments available on site for the City of Springfield to inspect and review! (e) Undeveloped land within the development ar~a 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 void if construction does not commence within two years of the date of the agreement. .. , . II d ' t. '1 c.- .:1 '. 'I! , " ,- "" I?e~:l?E,,!~nt Ag;ee~ent DRC2006-00093 2 , " ~.. .ii II ., IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein abo~e written. . ~.. d-- () 7 Date APPUCANT: .~.. BY~-,__, 4J~dJ /' ' STATE OF ~~vm./ , County of ~/YZ.L--'. ' June~, 2007 bMore me appeared TI/Yl!:)rlL./ J!/CtS<z / /! [)'u-/' and . ,; , wh6 being sworn did say,that he is a member of Noble Development, and that the seal affixed hereto is its;seal, and that this instrument was voluntarilyi!signed and sealed in behalf of the corporation by authority of its Board of Directors before me. :: :I " . . ~~~-- ~= ~-~~--~ ~. OFFICIAL SEAL I I rflM,SNYDER I ". i NOTAR'! PUBLIC. OREGON i .. -, ,.... CO,,""!iSSION NO, 392420 I . _ _~_COM~N~~~E~~~ ~2~0~1., ~ . Notary Public for ~j.tf/"1-/, (7 4?:n/~/U.1~ My Commission expires u-rn4A.;1_ ( 3. c200 f iJ CITY ~ -If!.... ~tJ'r7 Date By:~;;~r#~J ~#v f/ :~ STA TE OF; OREGON, County of Lane ' . June i'1 ,i 2007 Personally appeared the above named L;,f\dh I: ?t:l..v...\v'\ ' who acknowledged the foregoing instrument to be their voluntary ~ct. Before..me: (~.-~ -- -....-.-.:::-~tfu:'iALSEAL----.f j .'.,... REBEKKAH R KEHM j j ;i~:i NOTAR~..PUBLlC.OREGON j j 'C.,". COMMISSION NO. 414703 j j MY COMMI~SI9N..EY~IR~S!E~Rl!.AllY 22, ~12 j ..:....___.L~.~.. h4._'" -." . . . . Notary Public for Oregon ~'J.VtL(,j, My Commission expires ;;),.,J1. I / iZ. t;:j~*t Deveiopmen t,; Ag reemen t DRC2006.00093 , I .'; ~~ i~ ~ 0 \TI [E nil r.) . II, t! ~-lq~~7 ~i t..:. .-'