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Home My WebLink AboutAgreement APPLICANT 10/28/2009 ~: . . . . ,\ SITE PLAN DEVELOPMENT AGREEMENT Thi~ D~~~OPMENT AGREEMENT, hereafter "Agreement" is entered into this ~ day of n cfo . , 2009 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and KIT AND KAREN CHAN FAMILY LLC, 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 8th day of October, 2009, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2009-00017 Type II Site Plan Application requesting approval for construction of the following: a 9,900 ft2 multi-tenant commercial building; relocated driveway entrance onto Main Street; parking lot and vehicle circulation areas; landscaping; vegetative stormwater treatment facilities; and covered trash enclosure. The property is located at 1815 Main Street (Assessor's Map 17-03-36-31, Tax lot 7401). The property is zoned Community Commercial (CC). 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 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 approval DRC2009-00017 (hereinafter the "Approval"), including implementation of construction practices that address drinking water protection standards as required by Springfield Development Code Section 3.3-200. 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 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 parking lot, vegetative stormwater management system, underground utilities, telecommunications equipment, site landscaping, and associated improvements as depicted on the Final Site Plan (DRC2009- 00017) and approved construction plans prior to a request for final site and building inspections, and prior to issuance of Occupancy. 2. DRINKING WATER PROTECTION STANDARDS. Applicant has 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 (SDC 3.3-200). Applicant agrees to implement lease agreement language in accordance with. .'1.... \ ..... " Date Received:-L/2 lu/;".",c Planner: AL ~ (';j . . I the Lease Agreement Addendum prepared by Springfield Utility Board Water Quality Protection on May 4, 2009, and produce said lease agreement records upon reasonable request by the City or SUB Water Quality Protection. 3. DRIVEWAY ACCESS. Applicant agrees to construct, maintain and use the driveway access onto Main Street in accordance with Oregon Department of Transportation permit requirements as outlined in a letter to the applicant's representative (Wade Stevens, WA Stevens Construction Inc.) dated October 6, 2009. 4. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17- 135 of the Springfield Development Code. 5. 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, unless certain conditions have been deferred to a later date in accordance with Section 5.17- 150 of the Springfield Development Code. 6. CONDITIONS. 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. 7. 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. 8. MAINTAINING THE USE. Applicant agrees to the following: a. The parking and driving areas, landscaping, vegetative 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. 9. Applicant agrees to coordinate with the City's Public Works Department prior to initiating any grading activity affecting on the site. 10. In addition to all other remedies which may be provided by law or equity (including bu1not 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. 11. 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: /ol.2.~~! Planner: AL -;'" - 2 ~ . . (\ IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. 1/J~(6~df Date By: STATE OF OREGON, County of /.t};lL OctrY~ /lp , 2009. Personally appeared the above named Kit Chan, Member, Kit & Karen Chan Family LLC, who acknowledged the foregoing instrument to be his voluntary act. Before me: . OFFICIAL SEAL . . RHONDA LYNN COTTREll . . NOTARY PUBLIC. 0RE00rI COMMISSION NO. 437~ MY COMMISSION EXPIRES w'Y 15, 2013 My Commission expires ~ I~. Z413 (JJo~ ;Lr, ~lYf By: Date ' STATE OF OREGON, County of L~ UJvbu,:ll ,2009. Personally appeared the above named Andy Limbird, DSD Planner II, who acknowledged the foregoing instrument to be his voluntary act. Before me: , . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 My Commission expires <;, lIs-III I I Date Received: Planner: AL 1<9/:21/')#!- I / 3