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Home My WebLink AboutAgreement APPLICANT 3/16/2009 " \~. . i ~ . }.':;~~~': [k ;g*,t.;-,!,,'" Po '. ;'1 SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ) [p +1.. day of Marc.oI-, ,2009 (the "Effective Date") by and between the'CITY OF SPRINGFIELD, hereinafter "City" and OREGON MILITARY DEPARTMENT, hereinafter "applicant," in accordance with Section 5,17-140 and Sections 5, 1-125,B, 5,1-130,0,5,1-135,0 and 5,1-140,0 of the Springfield Development Code, " ' RECITALS' WHEREAS, on the 2"d day of March, 2009, the City approved the Final Site Plan Application submitted by the Applicant fbrthe purpose of the following: CITY JOURNAL NUMBER DRC2009-00003 Type Ii Site Plan ModificationApplication requesting approval for construction of the foilowing: a 12,500 ft2 two-story office and warehouse . building; a free-standing 70-foot radio antenna and equipment shelter; portico coverings at the south and west entrances to the main,Armed Forces Reserve Center building; ,a reduction in size for the east outdoor vehicle storage compound; adjustments to the east:fence line; and modifications to the parking lot and site landscaping at the west edge of the site, The property is located at 3100 Pierce Parkway (Assessor's Map 17-02-30-00, Tax lot 1000). The property is zoned Light Medium Industrial (lMO, . ' WHEREAS, inconsideration for Type II 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 5.17-140, Applicant agrees to comply with ail of the standards in the 'Springfield Development Code and the Springfield Municipal,Code thafmay be applicable to this development. project uriless specificaily modified or,excepted in writing by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal. ' WHEREAS, Applicant agrees to comply with ail conditions of the Site Plan Modification DRC2009-00003 (hereinafter the "Approval"), including implementation of construction practices that address drinking water protection standards as provided with the applicant's Final Site Plan submittal. 'I' WHEREAS,'inconsideration for Site Plan Modification approval, the issuance ot'a Building Permit, and the issuance of an Occupancy Permit, as specified iri the Springfield Development Code SeCtion 5.17-140"Applicant has agreed to comply with the specific conditions imposed by the City as part of the site Plan approval. ' , l ";"'. 'I" NOW THEREFORE IN CONSIDERA~I~N OF THE FOREGOING RECITALS W,HICH ARE EXPRESSLY MADE A PART OF THIS;'AGREEMENT, CITY AND APPLICANT AGREE AS 'FOllOWS: . ,:6,; " .. 1. SITE IMPROVEMENTS: Applicantagrees to constructlinstail the parking iot, vegeta.tive , ',,' stormwater management system, underground utilities, telecommunications equjpment, site .,' :J,~" . landscaping, 'and associated improvements as depicted on the Final Site Plan (DRC2009- ",11 :;., ' ,00003) and approved construction plans prior to a request for fihalsite and building' ' ,. ; ", inspecti6hs, ,and prior to issuance of Occupancy, . (., ,- ,v ~/o""J:' ",,;ip'-lIitft~.~".,.... !''''",,,>.. . ,.:~~~~~~i~~';NG\W~TER PROTECTION STANDARDS. Applicant has d~monstrated project , .,::' compliance with Drinking Water Protection Overlay District requirements, Applicant agrees to implement construction and ongoing site managementlmaintenan'ce practices that are consistent with the Drinking Water Protection standards of the S"pringfield Development Code ,;. ; ...;.,.~^ 01' " Date Received' 'i~" Planner: AL " .,: ,", ~~~b-'l I I J , , :> (SDC 3,3-200) and,in accordance with Applicant;s Drinking Water Protection approval issued November 17, 2008 (DRC2008-00071), , , 3, 'FINAL SITE PLAN, Applicant has, submitted a'final Site,Plan in accordance with Section'S17- '135 of the' Springfield Development Code,' , I' 4. STANDARDS, Applicant agrees to fulfiil ail 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, . " 5, CONDITIONS, Applicant agrees to fulfiil ail.specificconditions 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 5.17-150 of the Springfield Development Code, 6. MODIFICATIONS, 'Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals, Modifications to the Final Site Plan shail beJeviewed in accordance with Section 5,17-145 of the Springfield Development Code, 7, MAINTAINING THE USE. Applicant agrees to the foilowing: ' a. The parking and driving areas; landscaping, stormwater management system, driveways, and site shail be maintained in accordance with the provisions of the, Springfield D,evelopment Code in order to continue use.. b, It shail be.the continuing obligation'of the property owner to maintain the plantings required by Section 5,17-155 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, shail be maintained free of trash and stored materials and, kept in a mowed ,and attractive manner, Undeveloped land shail !lot be used for parking. ' , , d, Parking ,lots shail be maintained by the property owner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shailbe improved to maintain,conformance with these standards, .' 8, Applicant agrees to coordinate with the City's Public Works Department prior to initiating any, grading activity affecting on the site. ' 9, In addition to air other remedies which may be,provided by law or equity (including but not, limited to' penalties provided by applicable State Law or City Ordinances), Applicantagree~ 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" , " 10. Any Final Site Plan approved becomes nuil and void if construction does not commence within two years of the date of the agreement. . " \'. .. :;.~ ,'~ Pate ReceivF>N. .? ~ ~ 'Plan . ,,.y,- /~.2,,-of ,. nero Al'. / .-;..., 2 . , ; IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. 0>' "'" I Z- MAIL oq Date APPLICANT By: (\ - - -p ^ --.:.....~ ~ P. ........,1L~~1lD c~e, M~<-S;Ti'<,A.:1 ,"",...~r . . STATE OF OREGON, County of l'0Ll A A CY\'V o::j),J '. ::SAM-/!5 \ 'J... 'fYI(I,1f(';~, ,2009, Personaily appeared the above narried~. Willeford, Oregon Military Depaiiment, who acknowledged the foregoing instrument to be his voluntary act. Before me: . OFFIClAlSEAl.. ' MICKY IIlANAUSAIlIlYDEN . NOTARY PUSUc-oREGON , COMMISSION NO M238ll2 MY COMMISSION EXPIREs NOV. 28, 2011 ~(~~J::~,hMo.tiAG\ ~ Notary Public for Oregon " My Commission expires \ I( dJ.p : ).011 M.~J. 1 (.. I2-0Dq Date. CITY OF SPRING~a: By: ~. '~ I STATE OF OREGON, County of I (JJ1U 1'l1ifth t&' ,2009. Personally appeared the above named Andy Limbird, DSD Planner II, who,a~,kno.w~e.d;:~:egOing instrument to be hisv~~act Before me: . BRENDA JOH&I . NOTAll'I PIIIUC . 0IlIG0N Notary Public To Oregon OOIIlISSIOtl NO. 429141 M!.~~UI.,ON ;i'rtl7"'~~.~:~.~,; My Commission expires -1'hliA, 'J1.~ (7 (j , Date ~~ceived' Planner: AL . 3}'/..70-61 / / 3