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HomeMy WebLinkAboutAgreement PLANNER 9/10/2009 .r City of Springfiel~" Development Services Department 225 Fifth Street Springfield, OR 97477 ..,...J SPRINGFIELD 'U&... ~ ,,-... ~, 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). , , , 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. , ' 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;;;,. ," "J.-~~ -..--: --" 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 ~llvlDq By~'J 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 _ ~ Notary Pu'lIlic for Oregon U My Commission Expires '1//s/l ( , !if10./ CITY OF SPRINGFIELD cr//a/90; Date By: I ~ / U ( ~ 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