HomeMy WebLinkAboutAgreement APPLICANT 12/5/2008
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SITE PLAN DEVELOPMENT AGREEMENT
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This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 5 day of
lXrFl'18E7'(, 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter
"City" and ENTERRRISE:RENJi'AGAR" 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.D of the Springfield Development Code.
RECITALS
WHEREAS, on the5lh day of November, 2008, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2007-00083 Type II Site Plan Application requesting approval
for construction of a rental car storage lot with 2,100 ff office building, paved driving and parking
areas, vegetative stormwater management facility, perimeter screehing fence, and site landscaping.
The property is located at 4396 Main Street in Springfield (Assessor's Map 17-02-32-31, Tax Lot 100).
The property is zoned Community Commercial (CC).
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 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 ~gents, or the Fire
Marshal.
WHEREAS, Applicant agrees to comply with all conditions of the Site Plan DRC2007 -00083
(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, inconsideration for Site Plan approval, the issuance of a Building Permit, and the
issuance of an Occupancy Permit, as specified in the Springfield Developmeht 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.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. MAIN STREET DRIVEWAY. Applicant agrees to construct/install the right-out-only driveway
access onto Main Street as generally depicted on the Final Site Plan (DRC2007-00083), and
in accordance with the final design approved by the Oregon Department of Transportation
(ODOT): Applicant shall not construct or ihstall such driveway improvements until the
necessary permits are obtained from ODOT and/o~ the City's Public Works Department, as
applicable.
2. SITE IMPROVEMENTS. Applicant agrees to construct/install the private driveways, parking lot,
vegetated stormwater swale, utilities, street trees, landscaping, and associated improvements
'as depicted on the Final Site Plan (DRC2007~00083) and approved construction plans prior to
fina.I'site and building inspections, and prior to issuance of Occupancy.
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3. DRINKING WATER PROTECTION STANDARDS. Applicant has demonstrated project
compliance with Drinking Water Protection Overlay District requirements. Applicant agJees to
. . DatE;! Received: /2/~/:H70,p
Planner; AL . /
implement construction and ongoing site management/maintenance practices that are
consistent with the Drinking Water Protection standards of the Springfield Development Code
(SDC 3.3-200).
4. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17-
135 of the Springfield Development Code.
5. 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.
6. 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. .
7. 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.
8. MAINTAINING THE USE. Applicant agrees to the following:
a. The parking and driving areas, landscaping, vegetated stormwater swale, 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 planting 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 conformance with
these standards. . .
9. Applicant agrees to coordinate with the City's Public Works Department prior to initiating any
grading activity affecting on the site.
10. 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.
11. Any Final Site Plan approved becomes null and void if construction does not commence within
two years of the date of the agreement.
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Date. Recelved.~
Planner: AL
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written, .
APPLICANT
1/!r0 Y
Date
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By:
~R.l"-l~ \<OK.O\JlTr
STATEOFOREGON,Countyof ""~~""'NGTOt--\ I ~"r7- ~~IS~
SA6l2ltJ1.S. P , ~~ IoJT' A c{ 11
\ \. 1. .2008. Personally appeared the above named J8S813R T81(all~, -;-;-:- raPIeR LLC,
who acknowledoed the foreaoina in otrument to be his voluntary act. Before me:
. OFFICIAL SEAL ' .
\ } NOT~:pt~~~~~iGON '- '~~'. ~
....~ .' COMMISSION NO. 423265
. MY COMMISSION EXPIRES NOVEMBER 1B, 2011 Not~ry Public f r Or on
My Commission expires II! Ie;, / I.
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CITY OF ~IN~~I LD. .
By: /~ :-/
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-. OFFICIAL SEAl.
BRENDA JONES
, NOTARY PUBlIC . OREGON
. .. COMMISSION NO. 4291.41
MY COMMISSI()N EXPIRES MAY 27, 2012 J
STATE OF OREGON, County of
WP lYIh/ 6"_' 2008. Personally appeared the above named Andy Limbird, DSD Planner II,
who acknowledged the foregoing instrument to be his voluntary act. Before me:
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Notary PUblic for oryjon .
My Commission expires 1VtK1f n,drJ'{
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Date HeceiVed:
Planner; AL
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