HomeMy WebLinkAboutAgreement APPLICANT 6/2/2011
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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MINIMUM DEVELOPMENT STANDARDS
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this day of , 2011 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and McKenzie-Willamette
Regional Medical Center Associates, llC, hereinafter "Applicant," in accordance with the Springfield
Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B.
RECITALS
WHEREAS, on the 17th day of May, 2011, the City approved the Minimum Development Standards,
hereinafter "MDS" application submitted by the Applicant for the purpose of the following:
CITY RECORD NUMBER TYP111-00011, Type I MDS application, requesting approval for an addition of a
detached freezer unit, compressor, concrete pad and connecting sidewalks to the hospital development area.
The property is located at 1460 G Street, Springfield, Oregon (Assessor's Map 17033622, Tax lot(s) 4601).
WHEREAS, in consideration for MDS application approval, the issuance of a Building 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 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 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
5/17/10.
2. All conditions as specified in the MDS TYP111-00011 Decision, dated May 17, 2011 must be fulfilled
. prior to issuance of the Final Occupancy Permi!.
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. . (III , (II
Date RecelVed;~
Planner: LM
4, MODIFICATIONS,
notifying the City,
The A!cant agrees not to modify the approv'Final Plot Plan without first '
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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 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 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 Plot Plan approved becomes null and void if construction does not commence within 90 days
of the MDS TYP111-00011 Decision,
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written,
PROPERTY OWNER (for McKenzie-Willamette Re .
d i /ll/JL( c2 () (/ By:
Date (
STATE OF OREGON, County of Lane, ~, 2011, Personally appeared the above named
~~~. Dftof \'Y\L()rrc.; who acknowledged tl're'foregoing instrument to be his voluntary act. Before me:
OFFICIAL SEAL
JENIFER M TENNISON
NOTARY PUBUC-OREGON
COMMISSION NO, 447484
MY COMMISSION EXPIRES MARCH 15,2014
N tary Public for Oregon
My Commission Expires 3J.S.2-Dll../
CITY OF SPRINGFIELD
:YA.Uw 0 'tM1
- Date
S.:rATE OF pREGON, County of Lane.JfUt.l,- L, 2011,
f:/ftIJhft<- I'Vi:lfl,l, Development Services Department Planner
to be his voluntary act. Before me:
By:'t.~~/WA-~ fl1t~
Personally appeared the above named
, who acknowledged the foregoing instrument
. OfF~__ ,SEAL
BRENDA JONES
NOlAIll' PUBlIC . OREGON
COMMISSION NO. 429141 ,
M'f COMMISSION EXPIRES MAY 't7. 2Ol2
N tary Public or regon
My Commission expires ~ ~f;f/-t"
, Date Received: 10. I[
Planner: lM
2012