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HomeMy WebLinkAboutAgreement APPLICANT 11/16/2011 O i SITE PLAN DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter"Agreement" is entered into this day of November, 2011 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter"City" and FRED MEYER STORES, hereinafter"applicant," in accordance with Section 5.17-140 and Sections 5.1-125.13, 5.1-130.D, 5.1-135.D and 5.1-140.D of the Springfield Development Code. RECITALS �� WHEREAS, on the3_day of November, 2011, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER TYP211-00011 Type II Site Plan Application requesting approval for construction of the following: a 10-dispenser retail fuel facility with canopy and attendant kiosk, reconfigured parking lot and driving aisles, vegetative stormwater infiltration swale, and site landscaping on an existing commercial site. The property is located at 650 Q Street (Assessor's Map 17-03-26-24, TL 5100, 5101, 5102, 5200, 5300 & 5500). The subject property is zoned Community Commercial (CC). WHEREAS, in consideration for Type II Site Plan 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 Review 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 approval TYP211- 00011 (hereinafter the "Approval"), including implementation of construction and operation practices that conform with the Water Quality Protection standards described in Springfield Development Code Section 4.3-115. WHEREAS, in consideration for Site Plan 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 agreedtocomply 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: 11 1. SITE IMPROVEMENTS. Applicant agrees to construct/install the fuel tanks and dispensers, canopy, parking spaces and driving aisles, vegetative stormwater infiltration swale, underground utilities, site landscaping, bicycle parking, loading dock awning, and associated improvements as depicted on the Final Site Plan (TYP211-00011) and approved construction plans prior to requesting final site and building inspections, and prior to issuance of Occupancy. 2. WATER QUALITY PROTECTION STANDARDS. Applicant has demonstrated compliance with the Springfield Drinking Water Protection (DWP) Overlay District requirements by obtaining a DWP permit approval (Case TYP111-00013) for the site. Applicant agrees to abide by the conditions and stipulations of the site plan approval and DWP permit, including but not limited to: updating the store's Hazardous Materials Management Plan (HMMP) and Hazardous fiat;� Received: IManner: AL o o Materials Inventory Statement (HMIS); installing wellhead protection signage on the site; installing groundwater monitoring wells for the fuel facility; 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. 3. FINAL SITE PLAN. Applicant has submitted a Final Site Plan in accordance with Section 5.17- 135 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 5.17- 150 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 5.17-150 of the Springfield Development Code. 6. 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. 7. MAINTAINING THE USE. Applicant agrees to the following: a. The paved parking and driving areas, landscaping, vegetative stormwater infiltration swale, 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 5.17-155 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. c. Undeveloped landlwithin the development area, if any, shall be maintained free of trash and stored materials and 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 in accordance with Section 5.17-155.c of 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 prior to initiating any grading or excavation 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 Site Plan approved becomes null and void if construction does not commence within two years of the date of the agreement. natea Received: --- Planner: AL z I Q - O 1 IN WITNESS WHEREOF 'the Applicant and City have executed this Agreement as of the date first herein above written. APP A jjp 10 o7-QII By: Date y� / STATE OF OREGON, County of I ��f,lLV mal-, y1U I,CI Vt.lrrf 10 , 2011. Personally appeared the above named Fred Meyer Stores, who acknowledged the foregoing instrument to be histlier voluntaryact. Before me: OFFICIAL SEAL ANITA K HARRISON Notary Public for regon NOThRY PUBLIC-OREGON COMMISSION NO.451234 MY COMMISSION EXPIRES AUGUST 14,2014 My Commission expires f/ golf CITY OF SPRINGFIELD I �rn B�eow Date I v— STATE OF OREGON, County of CCu / I omrm x' 2011. Personally appeared the above named An4y4�, BSB-Senior arm -Pfer, who acknowledged the foregoing instrument to be his voluntary act. Before me: Notaryublic for Oreg D °LTTE 0 KEur I l5 NOTARY PUSLIC-OREGON My Commission expires COlM SSION NO.460590 MY CMUASSION EXPIRES AUGUST OI,2Mf6 aDate,Flecelved: —I Planner: AL s