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Home My WebLink AboutComments PLANNER 3/16/2009 L1MBIRD Andrew From: Sent: To: Subject: Attachments: L1MBIRD Andrew Monday, March 16, 2009 11:50 AM Joe Gill; 'Jim Thomas-Building Division' Development Agreement signed development agreement.pdf .. . Gentlemen: Attached is a scanned copy of the signed Development Agreement for the BLM warehouse expansion project. Please let me knoVo( if you require a hard copy and I'll send one by mail. Copies of the final site plan and development agreement have been delivered to the City's Building Division for issuance of building permits. Thanks Andy Limbird City of Springfield 1 U<:tie. f(scsived:-441 )<lDf Planner. AL ~ . , ~ SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this J G +l.. day of fv1....r<:.-h. ,2009 (the "Effective Date") by and between the CITY OF SPRINGf;IELD, hereinafter "City" and OREGON MILITARY DEPARTMENT, hereinafter "applicant," in accordance with Section 5.17-140 and Sections 5:1-125.B, 5.1-130.D, 5.1-135.D and 5.1-140.0 of the Springfield Development Code. RECITALS' WHEREAS, on the 2nd day of March, 2009, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2009-00003 Type II Site Plan Modification Application requesting approval for construction of the following: 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 (LMI). .~ WHEREAS, in consideration 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 all of the standards in the . Springfield Development Code and the Springfield Municipal Code that may be applicable to this development project unless specifically 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 all 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. 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 5.17-140, Applicant has agreed to comply with the specific conditions imposed by ihe City as part of the Site Plan approval. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. SITE IMPROVEMENTS. Applicant agrees to construcUinstal1 the parking lot, vegetative. stormwater management system, underground utilities, telecommunications equipment, site landscaping, and associated improvements as depicted on the Final Site Plan (DRC2009- 00003) and approved construction plans prior to a request for final site and building inspections, and prior to issuance of Occupancy. 2. DRINKING WATER PROTECTION STANDARDS. Applicant has demonstrated project compliance with Drinking Water Protection Overlay District requirements. Applicant agrees to implement construction and ongoing site managemenUmaintenance practices that are consistent with the Drinking Water Protection standards of the Springfield Development Code Galt;d~aceived: f1;-001 . Planner: AL .' " , .: :;:' '..) " ~ ,. (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 5.17- 135 of the Springfield Development Code. 4. STANDARDS. 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. 5. CONDITIONS. Applicant agrees to fulfill 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 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 shall be reviewed in accordance with Section 5.17-145 of the Springfield Development Code. 7. MAINTAINING THE USE. Applicant agrees to the Jollowing: a. The parking and driving areas, landscaping, stormwater management system, driveways, 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 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, 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 property owner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shall be improved to maintain.contormance 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 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. 10. .' Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date ot the agreement. . . Date Received: 3/;Y>O? Planner: AL 1 ' 2 ... IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. 12.. MAIl... oq Date APPLICANT By: r\_ - -p /\ ----............. ~ r. v-'''L,,~/lJ:> c. >><:Lc Ml.-L&~'1 ".....S- r , STATE OF OREGON, County of lV\L1 A A O'VV 'QP..,) . 3AI'I.t!5 \ 'J.. 'IYIfl \((',~,\ ,2009. Personally appeared the above name~. Willeford, Oregon Military Department, who acknowledged the foregoing instrument to be his voluntary act. Before me: . OFFICIALSEAl MICKY DIANAUSA DRYDEN NOTARY PUBUCOREGON COMMISSION NO. ....23882 MY COMMISSION EXPIRES NOV. 2&, 2011 lJlli/fu^-D.~i~ ~ Notary p~bf; tor Oregon My Commission expires \ I ~:JJ.p ,)..0 II M.M" J.. 1 (., I 2.00 'J Date CITY OF SPRING~a By: b . '.;J I STATE OF OREGON, County ot / bJU/ -1'I1.ift/;v it; ,2009. Personally appeared the above named Andy Limbird, DSD Planner II, w.~o aCknowred~:e :egoing instrument to be his vL act~~t~re me: IRENOA JON&I W r;/ttt-rH' NOTAlI'f PUIIUC . 0llIG0N Notary Public To~Oregon COIl1USSlOtt NO, 429141 MY COlli IJ JH EXJlIlIS MAY 'i7. 2012 . My Commission expires ~/! n.;;hJ r'/ I) Date I'<eceived' .yY~07 , Planner: AL