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Home My WebLink AboutAgreement PLANNER 8/13/2008 .~! .." SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT This DEVE;:LOPMENT AGREEMENT, hereafter "Agreement" is entered into this 13 +h. day of A"';j oA~i- ,200B (the "Effective Date") by and between the CITY OF'SPRINGFIELD, hereinafter "City and LANE TRANSIT DISTRICT, 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 the 111h day of August, 2008, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2007-00081 Type II Site Plan Modification Application requesting approval of a bi-directional bus transit platform on the west side of-Gateway Street just south of Oak dale Avenue, The project includes removal of the existing Gateway Mall transit platform, reconfiguration of the Gateway Street/Oakdale Avenue intersection, dedication of additional Gateway Street right-of-way, adjustments to the Gateway Street vehicle travel lanes, parking lot reconfiguration, site landscaping, and a covered pedestrian walkway between the transit platform and Gateway Mall. The property is located at 3000 Gateway Street in Springfield (Assessor's Map 17-03- 22-00, Tax Lots 2200 and 2300), The property is zoned Community Commercial (CC), 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 DRC2007-00081 (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 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, GATEWAY STREET IMPROVEMENTS, Applicant agrees to construct/install the public street and traffic control improvements as depicted on the Final Site Plan (DRC2007-00081), approved Public Improvement Plans (P31005) and approved construction plans prior to final site and building inspections, and prior to issuance of Occupancy, Applicant shall not construct or install such public street and traffic control improvements until approval and issuance of the Public Improvement Plan (P31 005), 2, GATEWAY MALL IMPROVEMENTS, Applicant agrees to construct/install the private driveway, mall parking lot, pedestrian walkway, landscaping and bus transit platform improvements as depicted on the Final Site Plan (DRC2007-00081) and approved construction plans prior to final site and building inspections, and prior to issuance of Occupancy. " , . "d' g/J:;/JOot " "." Dat~ ReceIve '~ wry Planner: AI.:. ,~ 3. DRINKING WATER PROTECTION STANDARDS, Appiicant has demonstrated project compliance with Drinking ,Water Protection Overlay District requirements, Applicant agrees to 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) and acknowledged in Applicant's August 5, 2008 response to Condition of Approval #11, 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, 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 transit platform"driveways, covered pedestrian walkway 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 agreeslhe 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. Date Received:-1.j2,/JHf Planner: AL " 2 ,.l. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written, ' '1I'c/~fr /'3_ 2Oo&' , Date APPLICAN~~' . :..' c:/ '/ ,//:/ .. By: 0/Y ~ ....- /' STATE OF OREGON, County of LoN\e... A\h.(" \'<, ,2008, Personally appeared the above named Stefano Viggiano, Lane Transit District, who acknowledged the foregoing instrument to be his voluntary act. "Before me: .' '. OFFICIAL SEAL . ' I ( )~ CHRISTINA THRASHER i u \\ "'./ NOTARY PUBLIC. OREGON ' CJ>.v~~ ~1vuJ,,-,--, ;";' . COMMISSION NO, 396243 ' MY COMMISSION EXPIRES SEPTEMBER 23. 200,- i Notary Public for Oregon My Commission expires' 9 / d- ~ 101 , A"'-'I.....-cl + J3, )ooS" [j8te CITY OF SPRI~~~ By f ~"'" ", ',,,,:e,,, ~~~"' ~ \..~ 01\,[:;:6 \\, \,~t:,,- OFFlC ."f (,:II.n'liltlf'{ STATE OF OREGON, County of 1ut:r., t 1],. ,2008, Personally appeared the above n~med Andy Liinbird, DSD Planner II, who acknowledged the foregoing instrument to be his voluntary act. Before me: .'..- .., 'D~:~~J~~~~ ' , otary Public ftlrOl(j'~,on,'.., . -,' . 'NOTARY PueLlC ' OREGON / ' 'COMMISSION NO. 429141 -1utlJ/l 'if ..MY C()~ISSI?N~~~S~Y .v',,~OI a My Commission expires , ,," (j ?1, :;xJ I lft/;tJJ Datt';j i"teceived' ~/13/ ~ r Planner: AL 3 " ,;