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Home My WebLink AboutCorrespondence PLANNER 10/1/2010 r . . L1MBIRD Andrew From: Sent: To: Cc: Subject: Vahtra, Martin [MartinVahtra@ggp.com] Friday, October 01,201012:09 PM L1MBIRD Andrew Byers, Jennifer A. RE: Gateway Mall - Development Agreement The signed development agreement has been sent to you for Monday delivery. Please call if you do not receive it Thanks for you help, Martin Vahtra From: LIMBIRD Andrew [mailto:alimbird@cLspringfield.or.us] Sent: Friday, September 24, 2010 3:02 PM To: Vahtra, Martin Subject: RE: Gateway Mall - Development Agreement Martin: Attached is the Development Agreement with revisions as requested. Please let me know if you have any questions. Thanks. Andy Limbird City of Springfield From: Vahtra, Martin [mailto:Martin.Vahtra@ggp.com] Sent: Friday, September 24, 2010 12:40 PM To: LIMBIRD Andrew Subject: Gateway Mall - Development Agreement Attached is a marked up copy of the Development Agreement. The only change we propose is to list the legal name of the mall owner as the applicant. Please make the change and return to me for execution. It is my intention as Sr. Development Director to execute on behalf of the mall ownership. Please confirm that this is satisfactory to the City. If you require signature from an officer of the ownership entity let me know. It then may take a few extra days to execute the agreement. Call if you wish to discuss Martin Vahtra Senior Director, Development General Growth Properties 110 Nfh Wacker Drive Chicagr' I L 60606 1 Date Received: /00/ J<l/o Planner: AL ! ,... e e;>- \ . ;. . SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT This DE\(ELOPMENT AGREEMENT, hereafter "Agreement"is entered into this I rt day of () c i 0 'c-r( ,2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" andGGP - GATEWAY MALL, L.L.C., hereinafter "Applicant", in accordance with Section 5.17- 140 and Sections 5.1-125.B, 5.1-130.0,5.1-135.0 and 5.1-140.0 of the Springfield Development Code. RECITALS WHEREAS, on the 22"d day of September, 2010, the City approved the Final Site Plan submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER TYP11 0-00001 Type I Minor Site Plan Modification Application requesting approval for construction of a commercial loading dock; parking lot, driving aisle and internal driveway modifications; and reconfigured parking lot landscaping on a portion of the existing Gateway Mall site. The affected property is located at 2780 - 3000 Gateway Street (Assessor's Map 17-03-22-00, Tax Lots 2109,2200 & 2219) and is zoned Community Commercial (CC). WHEREAS, in consideration for Type I 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 that may be applicable to this development project unless specifically modified or excepted in writing by the Site Plan Modification 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 Modification TYP110-00001 (hereinafter the "Approval"), including implementation of construction practices that address water quality protection standards. WHEREAS, in consideration for 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 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. SITE IMPROVEMENTS. Applicant agrees to construct/install the private utilities, parking and driving aisles, parking lot painting and striping, internal driveways, traffic control signage, bicycle parking facilities, site landscaping, and associated improvements as depicted on the Final Site Plan (TYP110-00001) and approved construction plans prior to a requestfor final site and building inspections, and prior to issuance of Occupancy or commencement of operations. 2. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17- 135 of the Springfield Development Code. 3. 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 . ~..~ . ;. Datr, '" "".... ,._.1. '#~A'~ .. ;."",\.. ';... '''' I V"V''''' Planner: AL'-' G.j '. . .J, / or commencement of operations, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 4. CONDITIONS. Applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECiTALS prior to occupancy or commencement of operations, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 5. MODIFICATIONS. Applicant agrees not to modify the approved Final Site Plan without first notifying the City and obtaining any necessary approvals. 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. Applicant agrees to the following: a. The parking and driving areas, driveways, pedestrian walkways, landscaping, stormwater management system, 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 plantings required by the approved Final Site Plan and Section 5.17-155 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. e. Pedestrian and handicap accessible aisles, ramps, and walkways shall be kept clear of parked vehicles, displayed merchandise, and other obstructions. 7. Applicant agrees to coordinate with the City's Public Works Department and obtain a Land Drainage Alteration Permit (LDAP) as may be required prior to initiating any grading or excavation activity affecting the site. 8. 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 (if applicable) and terminating any Temporary Occupancy Permit which may have been granted. 9. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreement. ,.,;.>..;;....I,J.. . . loMJ.c1o , .,., ,:teceIVed.- (f wa........' Planner: AL 2 ~ .~ . ..... ~ . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. 0" 1-0 ftJ..., f} ;Lolo Date APPLICANT BY:~~ STATE OF ILLINOIS, County of &at Ja)c'Jbef' / , 2010. Personally appeared the above named Martin Vahtra, Senior Director, Development, who acknowledged the foregoing instrument to be his voluntary act. Before me: Official Seal Cathleen A Cholke Notary Public Slate of Illinois My Commission Expires 02127120(2 ..~ '-v~ w~.~ Notary Public for Illinois ~& My Commission expires ()/a7/~o/;;;J, CITY OF SPRINGFIELD Oc.fokr 1/. )olD Date STATE OF OREGON, County of ~ ()dot;vv 1. ,2010. Personaily appeared the above named Andy Limbird, DSD Planner II, who acknowledged the foregoing instrument to be his voluntary act. Before me: By: . OFFICIAl SEAL DEVETTE KELLY NOTARY PUBLIC-OREGON COMMISSION NO, 420351 MY COMMISSION EXPIRES AUG, 15, 2011 My Commission expires '3/t~1 { I Datf) Reeciwc!. I~;' 1",- Planner: AL ~,,~;;i/-f-'b 3