HomeMy WebLinkAboutAgreement APPLICANT 7/16/2008
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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.
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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
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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
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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:""
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STATE OF OREGON, County of !..qN€
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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' '
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.- OFFICIAL SEAL
, REBECCA l HOllENBECK
\ j NOTARY PUBLIC. OREGON
" ... COMMISSION NO. 423037
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Notary Public for Oregon .
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CITY
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STATE OF OREGON, County of ~ru. ./ '
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. /10 ,2008. Personally appeared the above named Steve Hopkins, who
ckn .Iedged the foregoing instrumentto be a voluntary act. Before me: '
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By:
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. OFFICIAL SEAL
" DEVETTE KELLY
" ,.' NOTARY PUBLIC" OREGON
, COMMISSION NO. 420351
MY COMMISSION eXPIRes AUI3,.15, 2011
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My Commission expires
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Date Received:
Planner: SH
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