HomeMy WebLinkAboutAgreement APPLICANT 7/28/2009 (2)
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SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 28-#- day of
....).:..1.;._,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 5,1-125.6. 5,1-130,D, 5,1-135,D and 5,1-140,D of the Springfield Development Code.
RECITALS
WHEREAS, on the 24th 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. Applicant has demonstrated project
compliance with DrinkingWater 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
Planner: AL
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(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. 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.
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.
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written.
APPLICANT
7/2 { /0'1
Date
By:
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STATE OF OREGON, County of ~
711
Tt.Ju.~:<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:
JJ~ ,~L-
Notary Public for Oregon
My Commission expires () 1//1/,) tJ 1/
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OFFICIAL SEAl.
BRIAN SCHNEIDER
NOTARY PUBlIC - OREGON
COMMISSION NO. 419417
"" COMMISSION EXPIRES SEPT. 17, 2011
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STATE OF OREGON, County of ~rvL-
ArJ2v!/ :;i? ,2009. Personally appeared the above named A~dY 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
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