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Home My WebLink AboutAgreement APPLICANT 7/28/2009 fI . . , ., :1 SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 2S-#. day of --.I~ _ _,2009 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter ~ERNATIONAl PAPER, hereinafter "applicant," in accordance with Section 5.17-140 and Sections 5.1-125.B, 5.1-130.D, 5.1-135.D and 5.1-140.D of the Springfield Development Code. RECITALS WHEREAS, on the 24'h day of July, 2009, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2009-00021 Type II Site Plan Modification Application requesting approval for construction of an underground water pump station on the south bank of the McKenzie River; approximately 1600 linear feet of force main pipeline from the pump station to the plant intake; above-ground pipeline crossing of the Keizer Slough; and new substation building to serve the International Paper containerboard mill. Project work will include restoration of the natural and maintained landscaping along the pipeline route. The affected area includes a portion of the Oregon Department of Transportation (ODOT) Highway 126 right-of-way, and portions of the International Paper containerboard plant located at 801 42nd Street (Assessor's Map 17-02-32-00, Tax lot 100; and Map 17-02-29-00, Tax lots 2903 and 3100). The property is zoned Heavy Industrial (HI). WHEREAS, in consideration for Type II Site Plan Modification 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 that may be applicable to this development project unless specifically modified or excepted in writing by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal. WHEREAS, Applicant agrees to comply with all conditions of the Site Plan Modification DRC2009-00021 (hereinafter the "Approval"), including implementation of construction practices that address water quality protection standards as provided with the applicant's Final Site Plan submittal. WHEREAS, in consideration for Site Plan Modification approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit (or authorization to commence operations), as specified in the Springfield Development Code Section 5.17-140, Applicant has agreed to comply with the specific conditions imposed by the City as part of the Site Plan approval. . NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOllOWS: 1. SITE IMPROVEMENTS. Applicant agrees to construct/install the underground pump station force main pipeline, control building, landscaping, and associated improvements as depicted on the Final Site Plan (DRC2009-00021) and approved construction plans prior to a request for final site and building inspections, and prior to issuance of Occupancy, if applicable. 2. DRINKING WATER PROTECTION STANDARDS. Applicanthas demonstrated project compliance with Drinking Water Protection Overlay District requirements. Applicant agrees to implement construction and ongoing site management/maintenance practices that are consistent with the Drinking Water Protection standards of the Springfield Development Code . ~.. '. Date Heceived:_-z!J fl br. 'I Planner: AL / . . '" , ~ (SDC 3.3-200) and in accordance with the Applicant's Drinking Water Protection exemption Issued June 3, 2009. . 3. FINAL SITE PLAN. Applicant has submitted a Final Site Plan In accordance with Section 5.17- 135 of the Springfield Development Code. 4. STANDARDS. Applicant agrees to fulfill all applicable standards specified In the Springfield Development Code and the specific standards listed In the RECITALS prior to the occupancy or commencement of operations, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 5. CONDITIONS. Applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECITALS prior to occupancy or commencement of operations, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 6. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals. Modifications to the Final Site Plan shall be reviewed in accordance with Section 5.17-145 of the Springfield Development Code. 7. MAINTAINING THE USE. Applicant agrees to the following: a. The parking and driving areas, landscaping, stormwater management system, driveways, 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 plantings required by Section 5.17-155 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. Parkln9 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. 8. Applicant agrees to coordinate with the City's Public Works Department prior to initiating any grading or excavation activity affecting the site. . 9. 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. 10. 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: AL 7b8/Jr<;1 , I 2 ... . . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT 7/2'"7/oe, Date By: ?L- 7L# STATE OF OREGON, County of ~ 711 T()~:<7 ,2009. Personally appeared the above named Ken Hill, International Paper Mill Mana er, who acknowledged the foregoing instrument to be his voluntary act. Before me: J3~ Je'L- Notary Public for Oregon . OFFICIAL SEAL BRlANSCHNElDER NOTARY PUBliC. OREGON COMMISSION NO. 419417 MY COMMISSION EXPIRES SEPT. 17,:lOl1 My Commission expires c? 1//7 /~tJl/ I 7 ~:;.e; / :2. DO'1 ate STATE OF OREGON. County of lOY'l.0 ~rJ2uV :;i? ,2009. Personally appeared the above named Andy Limbird, DSD Planner II, ~e foregoing instrument to be his voluntary act. Before me: By: . OFFICIAL SEAL DEVETTE KEllY '. .: NOTARY PUBLIC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 My Commission expires <6/6/11 . .' Date Received: "1/)8/Jr-1 Planner: AL 3