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HomeMy WebLinkAboutAgreement APPLICANT 10/26/2010 ,i 1 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 L 'V 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