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HomeMy WebLinkAboutAgreement APPLICANT 1/20/2010 '. City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 . . MINIMUM DEVELOPMENT STANDARDS Development Agreement This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 20th day of January, 2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Lane County, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B. RECITALS WHEREAS, on the 20th day of January, 2010, the City approved the Minimum Development Standards, hereinafter "MDS" application submitted by the Applicant for the purpose of the following: CITY CASE NUMBER DRC2009-00042, Type I MDS application, requesting approval for the remodeling of an office building for use as a community medical clinic. The property is located at 2073 Olympic Street in Springfield, Oregon (Assessor's Map 17-03-25-42, Tax Lot(s) 1000, 1100). WHEREAS, in consideration for MDS application approval, the issuance of aBuilding Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant agrees to comply with all of the standards in the SDC and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted by this Agreement, the DevelopmenlSe'rvices Director, Planning Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following specific conditions imposed by the City as part of the MDS approval: . 1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated November 10, 2009, as amended by the supplemental drawings submitted on January 19, 2010 showing an enclosed trash enclosure. 2. All conditions as specified in the MDS DRC2009-00042 Decision, dated January 20,2010 must be fulfilled prior to issuance of the Final Occupancy Permit. 3. No building or structure shall be occupied until all improvements are made as specified in this Section, unless otherwise permitted in Section 5.17-150. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125. 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.17-150. 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 SDC 5.17-150. Date Received: I /z.o:- iO Planner: MM f~ 1-"0 4. MODIFICATIONS. The _icant agrees not to modify the approv.Final Plot Plan without first notifying the City. 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 SDC in order to continue the use. b. It shall be the continuing obligation of the property owner to maintain the planting required by the SDC 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 the SDC. 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 qr City Ordinances), the Applicant agrees that the City may enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted. 8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 days of the MDS DRC2009-00042 Decision. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT By: Date STATE OF OREGON, County of Lane, of foregoing instrument to be his voluntary act. ,2010. Personally appeared the above named , who acknowledgedthe Before me: Notary Public for Oregon My Commission Expires PROPERTY OWNER By: Date STATE OF OREGON, County of Lane, of foregoing instrument to be his voluntary act. Before me: , 2010. Personally appeared the above named , who acknowledged the 8 . . Notary Public for Oregon My Commission Expires CITY OF SPRINGFIELD By: Date STATE OF OREGON, County of Lane, ,2010. Personally appeared the above named Mark Metzger, Development Services Department Planner III, who acknowledged the foregoing instrument to be his voluntary act. 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