HomeMy WebLinkAboutAgreement APPLICANT 4/28/2008
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this z.~ day
of ?I"p'c; I , 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
. hereirlafter "City" and the Springfield Scnool'DistriCt, hereinafter "applicant," in accordance
with Section 5.17-140 of the Springfield Development Code.
RECITALS
WHEREAS, on the Z"f-, day of A p.r { \ , 2008, the City approved
the Final Site Plan Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2007-00075 Type II Site Plari Review requesting
approval to replace an elementary school with a 36,700 sf elementary school building. The
property is located at map and tax lot 17-03-36-12 #100, addressed as 2109 J Street. The
property is zoned Public Land and Open Space (PLO).
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 which may be
applicable to this development project unless modified or excepted by the Site Plan Review
Development Agreement, Development Services Director, Planning Commission, Building
Official or their agents, or the Fire Marshal, which modifications or exceptions shall be
reduced to writing.
WHEREAS, in consideration for 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 the following specific conditions imposed
by the City as part of the Site Plan approval:
. All improvements must be constructed/installE';d as shown on the Final Site Plan and
approved construction plans prior to the final building inspection.
. Prior to any occupancy of the site, the applicant shall provide keyed or COded
emergency access approved by the Fire Marshall.
. The applicant shall comply with Drinking Water Protection standards of SDC Article
17. The conditions of concurrent Drinking Water Protection Application # DRC2008-
00021 are incorporated by reference. .
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with
Section 5.17-135 of the Springfield Development Code.
2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS d
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. . Date ReceIVed.-
Planner: SH
Maple Elementary
100
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.
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 Section 5.17-150 of
the Springfield Development Code.
4. MODIFICATIONS. The 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 5.15-100 of the Springfield Development Code.
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 Springfield Development Code in order to continue use.
b. It shall be the continuing obligatio'n of the property owner to maintain the
planting required by Section 4.4-100 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.
6. In addition to all other remedies which maybe provided by law or equity (including but
not limited to penalties provided by applicable State Law 01: 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.
7. 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:-
Planner: SH
-
Maple Elementary
200
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as 'of the
date first herein above written.
APPLICANT
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By:
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STATE OF OREGON, County of
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(j jj., : 0 28: . 2008. Personally appeared the above named Steve Barrett,
~entative of the Springfield School District, who acknowledged the foregoing instrument
to be a voluntarY act. Before me:
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OFFICIAL SEAL
DEVETTE KELLY
NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION ~XPIREiQAUG, 15,2011
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Notary Pf!biic for Oregon ()
My Commission expires Sirs: /(,
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CITY
STATE OF OREGON, County of
() un J' j) _'7 V ,2008. Personally appeared the above named Steve Hopkins, who
~Iedged the foregoing instrument to be a voluntary act. Before me: .
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'Date '
. . OFFICIAL SEAL
DEYEnE KELLY
" / NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
Not," P to!" oregW
My Commission eXPires~1
Maple Elementary
Date Received:
Plarlner: SH 3 00