HomeMy WebLinkAboutAgreement APPLICANT 4/15/2009 (2)
.
.
.
.
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this \ ') day
of A?:; \ ' 2009 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City" and BRING Recycling, hereinafter "applicant," in accordance with Section
5.17-140 of the Springfield Development Code. .
RECITALS
WHEREAS, on the 11th day of April, 2009, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2008-00076 Type II Major Site Plan Modification
requesting approval to demolish 683 sf and renovate of a portion of Building 4, construct a
new 3,375 sf trash enclosure, demolish Building 6, add permeable pavers, increase the
impervious surface area and modify the associated stormwater facility, relocate and replace
the septic system, alter the landscape plan and alter the electrical plan. The property is
located at map and tax lots 17-03-34-44 #1500,1600 and 2400; addressed as 4446 Franklin
Blvd. The property is zoned CC (Community Commercial).
WHEREAS, in consideration for Type II Major 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 which
may be applicable to this development project unless 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, 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 agrees to comply with the following specific conditions imposed
by the City as part of the Site Plan approval:
. All improvements must be constructedlinstalled as shown on the Final Site Plan and
approved construction plans prior to the final planning inspection.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOllOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with
Section 5.17-135 of the Springfield Development Code.
2. STANDARDS. The 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.
BRlNG
10f3
.
.
3. 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.
4. 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 5.15-100 of the Springfield Development Code.
5. 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. It shall ,be the continuing obligation of the property owner to maintain the
planting required by Section 4.4-100 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.
6. 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.
7. Any Final Site Plan approved becomes null and void if construction does not
commence within two years of the date of the agreement.
BRING
200
.
.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
date first herein above written.
APPLICANT
1j~/51 01
ate /
~
Byd6/~
STATE OF OREGON, County of
1--(}..('vG
J 15 ,2009. Personally appeared the above named-JL~h<- Dtltli.d
re resentative of BRING Recycling, who acknowledged the foregoing instrument to be a
voluntary act. Before me:
Not1~0~
My Commission expires '6 /Jr:; / I I
. OffiCIAL SEAL
. DEVETTE KELLY
'. ; NOTARY PUBLIC-OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRSS AUG. 10, 2011
CITY
-4 II? /09
'Date
By:
Si:=;jL -
STATE OF OREGON, County of ~
arM Ie;; ,2009. Personally appeared the above named Steve Hopkins, who
aCKnowledged the foregoing instrument to be a voluntary act. Before me:
. OfFICIAL SEAL
, DEYETTE KELLY
.... NOTARY PUBLIC - OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15,2011
My Commission expires
C;; /f; jl /
. ,
BRING
30f3