HomeMy WebLinkAboutAgreement PLANNER 9/10/2009
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City of Springfiel~"
Development Services Department
225 Fifth Street
Springfield, OR 97477
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SPRINGFIELD
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MINIMUM DEVELOPMENT STANDARDS
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ID:-fu day of September,
2009 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and PeaceHealth
Oregon Region, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter
"SDC" 5.15-125 and 5.1-125.8. "
RECITALS
WHEREAS, on the 8th day of September, 2009, the City approved the Minimum Development Standards,
hereinafter "MDS" application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2009-00032, Type I MDS application, requesting approval of a parking lot. The
property is located at 4490 Main Street in Springfield, Oregon (Assessor's Map 17-02-32-00, Tax Lot 00400).
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WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant agrees to comply with all of the
standards in the SDC and the Springfield Municipal Code that may be applicable to this development project
unless specifically modified or excepted by this Agreement, the Development.Services Director, Planning
Commission, Building Official or their agents, or Fire Marshal, which modifications of exceptions shall be
reduced to writing. I '
WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified ,in SDC 5.15-125, the Applicant has agreed to comply with the following
specific conditions imposed by the City as part of the MDS approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated
September 9, 2009.
2. All conditions as specified in the MDS DRC2009-00032 Decision, dated SeptemberS, 2009 must be
fulfilled prior to issuance of the Final Occupancy Permit.
3. No building or structure shall be occupied until all improvements are made as specified in this Section,
unless otherwise permitted in Section 5.17-150. "
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A
PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS:
1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125.
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2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.17-150.
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 conditions have been deferred to a later date
in accordance with SDC 5.17-.150. . " I t'
4. MODIFICATIONS. The Appli~tn m~if~~h~~oro,!et>@~aiplofPI~n:Without..Tor'"
notifying the City. Pli!ini'lef.: IJ Plannl;;;,. ,"
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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 SDC in order to
continue the use.
b. It shall be the continuing obligation of the property owner to maintain the planting required by
the SDC 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 the
SDC.
7. 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), the Applicant agrees that the City may
enforce the Applicant's responsibilities by withholding the Applicant's-Final Occupancy Permit and
terminating any Temporary Occupancy Permit which may have been granted.
8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 days
of the MDS DRC2009-00032 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT
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Date I .v- ~lNYt>-i/ .(tAI ll--ev-
STATE OF OREGON, Cou~ty of Lane, September J~ ,2009. Personally appeared the above named,
Al \ I..r.;~ of PeaceHealth Oregon Region, who acknowledged the foregoing
instrument to be her voluntary act. Before me:
. . OFFICIAL SEAL
DEYETTE KELLY'
'_ " NOTARYPUBLlG-OREGON
" COMMISSION NO. 42il351
MY CQMMIBSION EXPIRES AUG. 15.2011 _
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Notary Pu'lIlic for Oregon U
My Commission Expires '1//s/l (
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CITY OF SPRINGFIELD
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Date
By:
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STATE OF OREGON, County of Lane, September !Q-I-f'l,2009. Personally appeared the above named
'1.ei(Y'0j \ )()y)t' " , Development Services Department Planner::r::.. ,who acknowledged the
foregoJDQ instru, m" ent to be her voluntary act. Before m~ . , .~' ,
'-,-=~~~ ~k:t}4
'. OFFICIAL SEAL Notary!Public for Oreg, _
DEVETTE I(ELL Y
'- ' NOTARY PUBLIC. OREGOI>!k1 . <:6'/6/
<' ._, - '_. COMMISSION NO, 42il351, . .~,,~="=_,,-MY,;Co'm-lT1[ssion'expires . i ' If _
' MY COMMISSION EXPIHESAUG:15,2il11 j !';r;:'!::,--;(!
2012