HomeMy WebLinkAboutAgreement APPLICANT 11/30/2009
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
SITE PLAN REVIEW
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ~~y of November, 2009
(the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Springfield Church of
the Brethren and Afiya Apartments, Inc., as lessee under that fifty year lease dated October 30,2009,
hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.17-140 and
5.1-130 D.
RECITALS
WHEREAS, on the 10'h day of November, 2009, the City approved the Final Site Plan, hereinafter "SPR"
application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2009-00029, Type II SPR application, requesting approval for developing a three-
story, 16-unit supportive housing complex. The property is located at 1062/1072/1082 Main Street in
Springfield, Oregon (Assessor's Map 17-03-35-41, Tax Lot(s) 4600,4700,4800, and 4900).
WHEREAS, in consideration for SPR application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.17-140, the Applicant agrees to comply with all of the
standards in the SDC and the Springfield Municipal Code that may be applicable to this deveiopment project
unless specifically modified or excepted by this Agreement, the Development Services Director, Planning
Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be
reduced to writing.
WHEREAS, in consideration for SPR approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.17-140, the Applicant has agreed to comply with the following
specific conditions imposed by the City as part of the SPR approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Site Plan, dated
November 10, 2009.
2. All conditions as specified in the SPR DRC2009-00029 Decision, dated September 28, 2009 must be
fulfilled prior to issuance of the Final Occupancy Permit.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSL Y MADE A
PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with SDC 5.17-135.
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. .
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 SDC 5.17-
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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 iitter or
dust, and deteriorated pavement conditions shall be improved to maintain conformance with the
SOC.
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), 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 Site Plan approved becomes null and void if construction does not commence within two
years of the date of this Agreement.
9. Applicant has requested that Applicant include both Springfield Church of the Brethren and Afiya
Apartments, Inc. City has agreed to this request. In consideration for this agreement, Springfield
Church of the Brethren and Afiya Apartments, Inc. are jointly and severally responsible for complying
with the terms of this Development Agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT
.11/66/aq
. Date
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STATE OF OREGON. County of Lane,November :z.S," 2009. Personally appeared the above named Ann
Eikenberry and Dale Seese of Springfield Church of the Brethren, who acknowledged the foregoing instrument
to be their voluntary act. Before me:
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. Ol'1'ICIAI. SEAL
JENNIFER GONZALES
. k ,1. NOTARY PUBUC.OREGON
". ,..' COMMISSION NO, 431903
MY COMMISSION EXPIRES AUGUST 25. 2012
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Case No. DRC2009-00029
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Case No. ORC2009-00029
STATE OF OREGON, County of Lane, November 23, 2009. Personally appeared the above named Susan
Ba fi a A artments, Inc., who acknowledged the foregoing instrument to be her voluntary act. Before me:
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, LESLIE CC:':::J
\. . / NOTARY PUBLIC - O;rGCN
'. COMMISSIOtJ NO. 405575
MY COMMISSION EXPIRES MAY 2, 2010
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Notary Public for Oregon
My Commission Expires S'-;)-2010
CITY OF SPRINGFIELD
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STATE OF OREGON, County of Lane, November?l!2, 2099. Personally appeared the above named Molly
Markarian, Development Services Department Planner II, who acknowledged the foregoing instrument to be
her voluntary act. Before me:
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BRENDA JONES .
NOTAA\' PUBLIC . OREGON
" COMMISSION NO, 429141
MY COMMISSION EXPIRES MAY 27. 2012
Notary Public for regon
My Commission e pires "!tV\il..Lj ~. ~b'l
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