HomeMy WebLinkAboutAgreement APPLICANT 10/26/2010 ,i
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MINIMUM DEVELOPMENT STANDARDS DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter"Agreement" is entered into this -2(o' day of
OL�o 2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter
"City" and RALLY COFFEE ROASTERS CORPORATION, hereinafter"applicant," in accordance with
Section 5.17-140 and Sections 5.1-125.6, 5.1-130.D, 5.1-135.D and 5.1-140.D of the Springfield
Development Code.
RECITALS
WHEREAS, on the 21St day of October, 2010, the City approved the Final Plot Plan submitted
by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2009-00054 Type I Minimum Development Standards
Application requesting a change of use from warehouse commercial retail to manufacturing and
wholesale sales for an existing building located at 3400 Franklin Boulevard in Springfield (Assessor's
Map 17-03-34-20, Tax Lot 100). The subject property is zoned Light Medium Industrial (LMI) with an
Urbanizable Fringe Overlay (UF-10).
WHEREAS, in consideration for Type I Minimum Development Standards approval, the
issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 5.15-125, 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 Minimum
Development Standards 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 Minimum Development
Standards approval DRC2009-00054 (hereinafter the "Approval"), including implementation of
construction practices that conform with the Water Quality Protection standards described in
Springfield Development Code Section 4.3-115.
WHEREAS, in consideration for Final Plot Plan approval, the issuance of a Building Permit,
and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section
5.15-125, Applicant has agreed to comply with the specific conditions imposed by the City as part of
the Final Plot.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 obtain any necessary permits and constructlinstall
the paved parking lot, parking lot curbing and striping, temporary vehicle barrier, bicycle
parking, site landscaping, and associated improvements as depicted on the Final Plot Plan
(DRC2009-00054) and approved construction plans prior to requesting final site and building
inspections, and prior to issuance of Occupancy.
2. WATER QUALITY PROTECTION STANDARDS. Applicant agrees to abide by the conditions and
stipulations of the Minimum Development Standards approval by: obtaining any necessary
permits prior to initiating construction; and, implementing construction and ongoing site
management/maintenance practices that are consistent with the City's permitting requirements
for erosion and sediment control measures and the applicable Water Quality Protection
standards of the Springfield Development Code, Section 4.3-115.
Date Received: io &L6
Planner: AL
3. FINAL PLOT PLAN. Applicant has submitted a Final Plot Plan in accordance with Section 5.15-
125 of the Springfield Development Code.
4. STANDARDS. Applicant agrees to fulfill all applicable standards specified in the Springfield
Development Code and the specific standards listed in the RECITALS prior to occupancy,
unless certain conditions have been deferred to a later date in accordance with Section 5.15-
125 of the Springfield Development Code.
5. CONDITIONS. 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 5.15-125 of the Springfield Development Code.
6. MODIFICATIONS. Applicant agrees not to modify the approved Final Plot Plan without first
notifying the City and obtaining any necessary approvals. Modifications to the Final Plot Plan
shall be reviewed in accordance with Section 5.15-100 of the Springfield Development Code.
7. MAINTAINING THE USE. Applicant agrees to the following:
a. The paved parking and driving areas, landscaping 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 site landscaping and
plantings required by Section 5.15-120 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 shall not be used for parking.
d. Applicant agrees to abide by the vegetation management plan described on the approved
Final Plot Plan.
e. Parking lots shall be maintained by the property owner or tenant in a condition free of litter or
dust in accordance with the Springfield Development Code. Deteriorated pavement conditions
shall be improved to maintain conformance with these standards.
8. Applicant agrees to coordinate with the City's Public Works Department and obtain any
necessary permits prior to initiating any grading or paving activity on the site.
9. 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.
10. Any Final Plot Plan approved becomes null and void if construction does not commence within
90 days of the date of the agreement.
eivad:
ter: AL 2
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first
herein above written.
APPLICANT
By: �J�/��1e —T
Date
STATE OF OREGON, County of
oc-&6. '2za , 2010. Personally appeared the above named Lisa Truelove, Rally Coffee
Roasters Corporation, who acknowledged the foregoing instrument to be her voluntary act. Before
me:
OFFICIAL SEAL Notary Vublic for Oregon
DEYETrE KELLY-OREGON
p
NOTARY
I PUBLISION N0.42�135
MY COMMISSION EXPIRES AUG.15,2011
My Commission expires
CITY OF SPRINGFIELD
By:
Date '
STATE OF OREGON, County of I
, 2010. Personally appeared the above named Andy Lim bird, DSD Planner II,
who acknowledged the foregoing instrument to be his voluntary
act. Before me:
L4
Notary ablic for Oregon
OFFICIAL SEAL p'
DEYETTE KELLY M Commission expires
NOTARY PUBLIC y p
COMMISSION NO.420351
MY COMMISSION EXPIRE$AUG.15,2011
Date r eceived: io a io
Planner: AL 3