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HomeMy WebLinkAboutAgreement APPLICANT 9/23/2008 .. I.'. I, SITE PLAN DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter" Agreement" is entered into thisc23 rei day of ~ 2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and EAST & WEST COAST AUTO, 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 11'" day of September, 2008, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2008-00025 Type II Site Plan Application requesting approval for construction of a used vehicle sales lot with 1000 ft' sales office, paved driving and parking areas, vegetative stormwater management facilities, perimeter fencing, and site landscaping. The property is located at the southeast corner of Smith Way at 42'" Street (Assessor's Map 17-02-32-32, Tax lot 300). 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 DRC2008- 00025 (hereinafter the "Approval"). including implementation of construction practices that address drinking water protection standards as provided with the applicant's Final Site Plan submittal. 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. 42ND STREET DRIVEWAY. Applicant agrees to construct/install the driveway access onto 42'" Street as generally depicted on the Final Site Plan (DRC2008-00025), and in accordance with the final design approved by the City's Transportation Division. Applicant shall not construct or install such driveway improvements until the necessary permits are obtained from the City's Public Works Department. . 2. SITE IMPROVEMENTS. Applicant agrees to constru'ct/install the private driveways, parking lot, vegetated stormwater swales, utilities, street trees, landscaping, and associated ~ , ;, )'-. improvements as depicted on the Final Site Plan (DRC2008-00025) and approved construction plans prior to final site and building inspections, and prior to issuance of Occupancy. 3. 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) and acknowledged in Applicant's August 29, 2008 response to Condition of Approval #25. 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. 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, vegetated stormwater swales, 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 planting required by Section 5.17-155 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. c. Unde,veloped 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 p.arking. 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. 2 .... :'. -'. 10. 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. 11. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreemef)t. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. , JfJ~g/ ~~_:y STATE OF OREGON, County of L1:l1H' ~\;e( \q+l\ 2008. Personally appeared the above named Michael Beneat, East & West Coast Auto, who acknowledged the foregoing instrument to be his voluntary act. Before me: ~~.~ Notary Public for Oregon My Commission expires P\Jj l 20\0 \ ~~5:::~ OFfiCIAL SEAL LEANA ZDISHEVA NOTARY PUSLIC. OREGON COMMISSiON NO, 408925 MY CO/tMIBSION !;XPIRES AUG. 7, 2010 ~--S:SS;?s.r:;~?$~. 'f /.:23 (;).DO'! . Date :: OfN;;2:? STATE OF OREGON, County of L a..ne.- ''6c-f1e.,;,..,.b.....- ~, 2008. Personally appeared the above named Andy Limbird, DSD Planner II, who acknowledged the foregoing instrument to be his voluntary act. Before me: ,., rl $)1 r. r:"'r'~q'0",/:-~ tJ "- Notary/ ublic for Orego My Commission expires / ,",~. " ~~~~ rt<;-\~;~+.'1 . - ~'_"._'''_'.~..,~-~","-..-.----...-- OFFICIAL SEAL DEYEl'TE KELLY NOTARY PUBLIC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 3 '", ,.'lei:; OF Ci fY AnORNE'