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HomeMy WebLinkAboutAgreement APPLICANT 4/28/2008 " , SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ..( ~ day ofA"fr: \ ,2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereimifter "City" and the Springfield School District, hereinafter "applicant," in accordance with Section 5" 17-140 of the Springfield Development Code" RECITALS WHEREAS, on the" A<D day of i.lpr:j \ ' 2008, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of.the following: CITY JOURNAL NUMBER DRC2007-00077 Type II Site Plan Review requesting approval to replace an elementary school with a 40,000 sf elementary school building" The property is located at map and tax lot 17-02-35~00 #2100 & 2600, addressed as 7345 Thurston Road" 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/installed 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 acce~s 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- 00022 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 Thurston Elementary Date Received' Planner: SH it ~ Z'O-rj&b lof3 " 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 obligation 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 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." 7. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreement. 1 ~ zq; - cJ '2:;. Date Received: " Planner: SH Thurston Elementary 200 , \.I IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. Out;; (2g ~ f Date STATE OF OREGON, County of APPLICANT ~ By: ~~" tM.. B~ (j 1Y1;0 a.. ~ ,2008. Personally appeared the above named Steve Barrett, . ~ntative of the Springfield School District, who acknowledged the foregoing instrument to be a voluntary act. Before me: . OFFICIAL SEAL DEVETTE KELLY . NOTARY PUBLIC - OREGON COMMISSION NO. 420351 . MYCOMMISSIONEXPIRESAUG,15,2011! Iy /2'7< h/'lo7< I Date! STATE OF OREGON, County of CITY LIJ.AJ. ./ 2>>jyti ~ Nofary 'ZJlblic for Oregon (/ My Commission expires, ~ ( By: Sk" J I{ /17 ,2008. Personally appeared the above named Steve Hopkins, who ac nowledged the foregoing instrument to be a voluntary act. Before me: . OFFICIAL SEAL DeYETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 Thurston Elemeritary tdiL ) No ary blic for Oregon (/ . My Commission expires ~//~-j!/ I , Oate Received: Planner: SH q -(:75:- cJ t:, 30f3