HomeMy WebLinkAboutAgreement APPLICANT 9/9/2008
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
Thi~ DEVELOPMENT AGREEMENT, nereafter "Agreement" is entered into this 14th day of
November, 2006 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City" and SPRINGFIELD POLICE DEPARTMENT, hereinafter "applicant," in
accordance with Section 31.090 and Sections 3.070(3), 3.080(3), 3.090(3) and 3.100(31.
RECITALS
WHEREAS, on the 8th day of November, 2006, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2006-00033 Type II Site Plan Review Application
requesting approval of a Justice Center, including police station, municipal courts, jail
. facility, and associated parking and site landscaping. The combined Justice Center and jail
comprises a total of approximately 100,000 square feet of floor area. The property is
located in the 300 block of A Street in Springfield (Assessor's Map 17-03-35-31, Tax Lots
1500 - 2400). 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 31.090, 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 D,irector, 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 31.090, Applicant agrees to comply with the following specific
conditions imposed by the City as part of the Site. Plan approval:
1. All improvements must be constructed/installed as shown on the Final Site Plan and
approved construction plans prior to the final building inspection.
2. All conditions of site plan approval must be met in accordance with the applicant's
Final Site. Plan submittal.
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 31.080 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
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Date iteCeived:-51/PJ
Planner: AL
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p~ior to the 'occupancy: unless certain conditions have been deferred to a later date
in accordance with Section 31.110 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 31.110 of
the Springfield D,evelopment Code.
4. MODI FICA TIONS. 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 31.100 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 31.140 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' res'ponsibilities 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.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
date first herein above written.
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Date Received:,
Planner: AL
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APPLICANT
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BY:~4tLJ. ~
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STATE OF OREGON, County of ~~(J./
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2006. Personally appeared the above named, Jerry Smith, Springfield
olice Chief, who acknowledged the foregoing instrument to be his voluntary act. Before
me:
JG' OFFICJAL SEAL n
., MARILYN M AWMILLER ~
\../ NOTARY ~U811C OREGON
...... COMMISSION NO 384276
MY COMMISSION EXPIRES OCT. 16. 21J{J8
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o ary Pub for Oregon '. .
My Commission e~pires {;}.J/ /71 ;2tX)6'
1/- Ii( - 06
Date
STATE OF OREGON, County of ./~
NW. .1'/, ,2006. Personally appeared the above named iJ~ ~, who
acknowledged the foregoing instrument to be his voluntary act. Befor me: .
By:
CITY
OFFICIAL SEAL
. BRENDA JONES
, " NOTARY pUBLIC-OREGON
\, .,/ COMMISSION NO. 379218 OOB
. MY COMMISSION EXPIRES MAY 27. 2
My Cori1;nission expires ~ fY1, ~ K
Date Received: 1/ !)n!'
Planner: AL 3