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HomeMy WebLinkAboutAgreement APPLICANT 7/16/2008 " ".1. SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 15th day of July, 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and the City of Springfield Department of Fire and Life Safety, hereinafter "applicant," in accordance with Section 5,17-140 of the Springfield Development Code, RECITALS WHEREAS, on the 11th day of July, 2008, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: , CITY 'JOURNAL NUMBER DRC2008-00036 Type II Site Plan Review requesting approval to demolish the existing fire station and construction a new fire station. The property is located at map and tax 10t.17 -02-35-33 #6204, addressed as 6853 Main Street. The property is zoned LDR (Low Density Residential)Zohe. 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 5.17-140, 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 Developmeni, Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire. Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code, Section 5.17-140, Applicant agrees to comply with the following specific conditions imposed by the City as part of the Site Plan approval: ' . All improvements must be constructed/installed as shown on the Final Site Plan and approved construction plans prior to the final building inspection. . , THEREFORE IN CONSIDERATION OF 'THE FOREGOING RECITALS 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 5.17-135 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 5.17-150 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 7- JL.- ,0 fry Thurston Fire Station # 16 Date Received: ' Planner: s~ of3 conditions have been deferred to a later date in accordance with Section 5.17' 150 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 5,15-100 of the Springfield Development Code, 5. MAINTAINING THE USE. The Applicant agrees to the following: a. The buildings and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue use. b. It shall be the continuing obligati,on of the applicant to maintain the planting required by Section 4.4-100 of the Springfield Development Code in an 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 and kept in a mowed and attractive manner. Undeveloped land shall not be used for parking. d. Parking lots shall be maintained by the applicant in a condition free of litter or dust, and' deteriorated pavement conditions shall be improved to maintain conformance with these standards. 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 approved becomes null and void if construction does not commence within two years of the date of the agreement. Thurston Fire Station # 16 Date Received' 7 - Jt . f; t Planner: S~ of3 IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT 711s l'J..C::08 Date By: i3~...v:...iv:"" ~ VCl, STATE OF OREGON, County of !..qN€ ~' . I I /S ,2008. Personally appeared the above named Brian Evanoff, repre entative of the City of Springfield Dept. of Fire & Life Safety, who acknowledged the foregoing instrument to be a voluntary act. Before me' ' -------'-----------=1 .- OFFICIAL SEAL , REBECCA l HOllENBECK \ j NOTARY PUBLIC. OREGON " ... COMMISSION NO. 423037 ~. ~,'?",;~~'~ :~,~:'..,~~,:~".:,::~' 4L--~~A / gJ~ / ~ Notary Public for Oregon . My Commission expires /ol./,;zq / fl. CITY -[/1(0 / O~ Date I STATE OF OREGON, County of ~ru. ./ ' ~ '---/) . . /10 ,2008. Personally appeared the above named Steve Hopkins, who ckn .Iedged the foregoing instrumentto be a voluntary act. Before me: ' S. -;-- / !!1 '--_ V-- / rt7 If- By: 'I . OFFICIAL SEAL " DEVETTE KELLY " ,.' NOTARY PUBLIC" OREGON , COMMISSION NO. 420351 MY COMMISSION eXPIRes AUI3,.15, 2011 KdV (./ My Commission expires <:6/1!; III I I , Date Received: Planner: SH 1-)(y.-OC}, Thurston Fire Station # 16 30f3