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Home My WebLink AboutAgreement APPLICANT 3/26/2008 , , . \: . .. , SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement"is entered into this "2. b day of All Q,.f d. ,2008 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and WEYERHAEUSER COMPANY, hereinafter "applicant," in accordance with Section 5.17- 140 and Sections 5.1-125.B, 5.1-130.D, 5.1-135.0 and 5.1-140.D of the Springfield Development Code. RECITALS WHEREAS, on the 26th day of March, 2008, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2008-00006 Type I Minor Site Plan Modification Application requesting approval of a new raw water intake serving the Weyerhaeuser mill, including a new intake structure in the McKenzie River, underground water pipe, above-ground water pumps, and control building. The property is located at 785 42nd Street in Springfield (Assessor's Map 17-02-32-00, Tax lot 100). The property is zoned Heavy Industrial (HI). WHEREAS, in consideration for Type I Site Plan Modification approval, the issuance of a Building Permit, and the issuance of related site development permits (as may be req"uired for this " project), 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 which may be applicable to this development project unless specifically modified or excepted by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing. " WHEREAS, Applicant agrees to comply with all conditions of the Site Plan Modification DRC2008-00006 (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 Modification approval, the issuance of a Building Permit, the issuance of other site development permits, 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 Modification 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. OTHER APPROVALS. Nothing in this Site Plan Development Agreement shall be construed as affecting or lessening any previous obligations of Applicant with respect to groundwater protection and stormwater management, obligations of Applicant arising from Federal and/or State permits issued for the project, or obligations of Applicant arising from prior or subsequent land use actions. ." 2. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 5.17-135 of the Springfield Development Code. 3. STANDARDS. ..The Applicant agrees to fulfill all applicable standards specified in the Springfield DeVelopriie~t Code and the specific standards listed in the RECITALS prior to occupancy, Dain ~"Mh!Arl:_~ ft..~/JqOI' Planner. I-\L 7"'" . " tt , unless certain conditions have been deferred to a later date in accordance with Section 5.17- 150 of the Springfield Development Code. "I , , 4. 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 Section 5.17-150 of the Springfield Development Code. 5. 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 Section 5.17-'145 of the Springfield Development Code. 6. MAINTAINING THE USE. The Applicant agrees to the following: a. The buildings and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue use. b. In accordance with Section 5.17-155 of the Springfield Development Code, it shall be the continuing obligation of the property owner to maintain the affected portion of the site 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 detElriorated pavement conditions shall be improved to maintain conformance with these standards. 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), 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. 8. An'y Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreement. , Date! Received:3!,hh " Planner: AL / '3' t. ":,~" 2 '~ , . ,: . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. ' , APPLICANT o ~/~O?/&: By: 4~;/ d tI/ STATE OF OREGON, County of ~t;u/ -1YlM cYl.. 'U~ ,2008. Personally appeared the above named Scott Unger, Weyerhaeuser Company, wh acknowledged the foregoing instrument to be his voluntary act. Before me: . OFFICIAL SEAl . ", BRENDA JOtlES \. :.' NOTARY PUBLIC" OREGON ",. COMMISSION NO, 379218 MY COMMISSiON EXPIRES MAY 27 2008 ~~S'"s~~~C'>;:., ' , CITY OF SPRINGFIELD ~.h(. L200ft Da By: STATE OF OREGON, County of J~ 1VtMCI1... ~ ,2008. Personally appeared the above named Andy Limbird, DSD Planner II, who acknowledg"ed the foregoing instrument to be his voluntary act, Before me: ~f~~'S"'--~~~ ~( . OFFICIAL SEAL 1) l"" BRENDA JONES :.1 \" ,.\ NOTARY PUBLIC" OREGON }II '--'ltl!, COMMISSiON NO, 379218 ~,,;~g:'~~~MAY27.2008 . -....'-...."".".>..-....,. "" My Commission expires ~ 11, :;aJ ( Datn ~'''.'''',....iV2d: 3~6/~,r / I 3 Planner: AL