HomeMy WebLinkAboutAgreement APPLICANT 5/19/2008
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477 .
.
.
SITE PLAN REVIEW
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 19th day of May, 2008 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and the Springfield Public
Schools District 19, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter
"SDC" 5.17-140 and 5.1-130 D.
RECITALS
WHEREAS, on the 14th day of May, 2008, the City approved the Final Site Plan, hereinafter "SPR"application
submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2008-00018, Type II SPR application, requesting approval for remodelling the
existing A-3 building and constructing an approximately 7,500 square foot addition and associated site
development. The property is located at 615 Main Street in Springfield, Oregon (Assessor's Map 17-03-35-31,
Tax lot(s) 9200, 9300, and 9400).
WHEREAS, in consideration for SPR application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.17-140, 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 or exceptions shall be
reduced to writing.
WHEREAS, in consideration for SPR approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.17-140, the Applicant has agreed to comply with the following
specific conditions imposed by the City as part of the SPR approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Site Plan, dated May
14, 2008.
2. All conditions as specified in theSPR DRC2008-00018 Decision, dated April 14, 2008 must be fulfilled
prior to issuance of the Final Occupancy Permit.
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 SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with SDC 5.17-135.
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. . .
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 SDC 5.17-
145.
.
,
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 t
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
SOC.
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 Site Plan approved becomes null and void if construction does not commence within two
years of the date of this Agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
abOVE! written.
APPLICANT
~ /;C;lrfl
Date/
By: ~\v-M ~~
STATE OF OREGON, County of Lane, May 19, 2008. Personally appeared the above named Steve Barrett,
Deputy Superintendent of Springfield Public Schools District 19, who acknowledged the foregoing instrument
, to be his voluntary act. Before me:
. OFFICIAL SEAL
. SANDRA MARX
. , NOTARY PUBLIC - OREGON
~. COMMISSION NO. 385725
MY COMMISSION EXPIRES NOV 12,2008
~M~
Notary Public for Oreg
My Commission Expires II/;;z./Or;
I I
CITY OF SPRINGFIELD
5//1/08
Date '
BY:LYD 9 ~
STATE OF OREGON, County of Lane, May 19,2008. Personally appeared the above named Molly
Markarian, Development Services Department Planner II, who acknowledged the foregoing instrument to be
his voluntary act. Before me:
~,.., .
. OFFICIAL SEAL
SANDRA MARX
'" .! NOTARY PUBLIC - OREGON
'-,..' COMMISSION NO. 385725
MY COMMISSION EXPIRES NOV, 12, 2008
~~w;t
Notary Public for Oregon
My Commission expires 11//2/6'6
. I
Case No. DRC2007 -00082
2012