Conditional Rezoning Agreement Between Burmese American initiative, Ine, and the ity of Spring For the rezoning of property located at 1765 Upton Avenue Property Identification Number: 13-54-230-050-00 SECTION 1 ~ PROPERTY AND PARTIES ‘THIS CONDITIONAL REZONING AGREEMENT is made of __ day of 2016, by the Burmese American Initiative, Inc having the mailing address of 765 Unton Avenue, Springfield, Ml 49037 (Applicant) being the property owner of certain property having the Property identification Number 13-54-230-050-00_ and the City of Springfield, 601 Avenue A, ‘Springfield, Mi 49037 (City). ‘SECTION 2 ~ REQUESTED ACTION WHEREAS, the Applicant being the owners of certain property located inthe City of Springfield, Calhoun County, tate of Michigan, located at 765 Upton Avenue having the Property Identification Number 13-54-230-050-00 legally described on the attached Exhibit A, wich is Incorporated herein by reference, have petitions the Cty Planning Commission forthe rezoning ‘of this property from the Single Family Residential R-2 Zoning District Classification to the ‘Community Business B-2 Zoning District Classification asset forth inthe City of Springfield Zoning Ordinance, being Ordinance Chapter 50 Division 7 forthe purpose of realigning property's current allowable land use through Ordinance Chapter 50 Division 2 tothe current and future land use goals compatible with Ordinance Chapter $0 Division 7, andSECTION 3 STATUTORY AUTHORITY WHEREAS, the Applicant has requested the temporary rezoning ofthe subject property to allow for the operation of a community cultural center with office and limited retail functions by a contract that stipulates the terms of and conditions for use, ofthe property under the authority ‘of Section 3405 of the Michigan Zoning Enabling Act, P.A. 110 of 2006 (MCL. 125.3405). ‘SECTION 4 ~ TERMS AND CONDITIONS NOW, THEREFORE, in consideration ofthe premises and rights reserved herein, and in order to accomplish the forgoing purposes, the undersigned hereby agree: 4. The subject property is deemed to be a temporary land use, that being a land use that ill, at some time ata future date, revert to a use in conformance with the City of ‘Springfield Master lan and Zoning Ordinance. 2. This Agreement only includes lots 99 through 111, 117 through 145, and 150 through 200 of the Springfield Annex Plat approved by the County Board of Commissioners on September 15, 1926. 3._ This Agreement excludes lots 203, 204, and 235 of the Springfield Annex Plan approved by the County Board of Commissioners on September 15, 1926. 4. Allowable Land Use shal be limited to the following subject to any existing deed or title restrictions: b ‘Community Kitchen for food preparation, rentals, and cooking instruction. Retail operations limited to culturally representative goods or items made from repurposed material "Not more than one barista/coffee shop where the primary etal items are consumable goods. Office functions for the following types of occupations: 1. Executive, administrative, professional, accounting, writing, clerical, technology. ‘Service establishments such as barbers, beauty parlors, photography studios, art studios. Small medical offices, including clinics. Satelite branches for banks, credit unions, and financial or savings and loan associations. ‘Assembly halls, or similar places of assembly when conducted completely within ‘enclosed buildings. Private clubs fraternal organizations, lodge halls, and religious organizations.|. Educational organizations including but not limited to schools and preschools, as ‘well as programming for colleges or universities operated for profit or not for profit Limited outdoor agricultural use within fenced area, such as a community garden. |. Owner agrees to limit deliveries to daylight hours and to restrict heavy truck traffic. im, Storage of any material, goods and equipment shall be within an enclosed structure. SECTION 5 ~ TERMINATION ‘The approval action ofthe Springfield City Council granting the conditional Community Business (8:2) zoning district classification to the subject property shal remain in full force and effect ‘upon the subject property legal description which Is attached and incorporated herein as “ahi A” unt: 1. When Applicant sells the property, or 2. When property is transferred to a new owner, of 3. Upon submission ofa request for an action pursuant to the provisions ofthe Michigan Land Division Act, PA 288 of 1967, oF 4. Upon aplication to the Springfield City Assessor and/or City Manager for a land division ‘under Chapter 26 Article I ofthe Springfield Code of Ordinances, or 5. Upon application to the ity for a subdivision under Chapter 26, Article Il of the Springfield Code of Ordinances. ‘SECTION 6 ~TRANSFERABILITY This agreement shall not be transferable and shall not run with the land and shal not transfer to successors and assigns, and ther respective heirs, successors andl assigns, SECTION 7 ~ OTHER REPRESENTATIONS AND. This agreement constitutes the entire agreement between the parties with respect to the ‘matter set forth herein, and there are no representations, warranties, covenants, or obligations ‘except asset forth herein. This Agreement supersedes all prior contemporaneous agreements, ‘understandings, negations statements and discussion, written or oral of the parties hereto, rolating to the matters contemplated by the Agreement.SECTION. NOLATION AND ENFORCEMENT ‘The failure of any party to complain or enforce of any actor omission onthe part of another party, no matter how long the same may continue, shall not be deemed to be an acquiescence ‘or waiver by such party of any of its rights hereunder. No waiver by any party at anytime, expressed or implied, or any breach of any provision of this Agreement shall be deemed a ‘waiver of a breach of any other provision of this Agreement or a consent to any subsequent breach ofthe same or any other provision ofthis agreement. If any action by any party shall require the consent or approval of another parties), such consent or approval of such action shall not be deemed a consent to, or approval of, any other provision ofthis Agreement. SECTION 9~ GOVERNING LAW. ‘This Agreement shall be governed by the laws ofthe State of Michigan. SECTION 10 DELIVERY OF NOTICES Notice shall be deemed as given hereunder upon personal delivery to the addressed set forth below, or if properly addressed, one (1) day after depositing such notice, with postage prepaid, Ina United States mailbox or one (1) day after depositing such notice in the custody of a nationally recognized overnight delivery service. Notice shall be deemed properly addressed if sent tothe following addresses: Burmese American Initiative nc 765 Upton Avenue Springfield, Mi 49037 city ity of Springfield 601 Avenue A. Springfield, Mi 49037“The Partios agree that this Agreement may be executed by facsimile or in counterparts, and ‘that all counterparts together, with or without facsimile signatures, shall constitute one. integrated agreement and be deemed an original document. SECTION 12 - RECORDING WITH REGISTER OF DEEDS ‘This document or Affidavit or Memorandum giving natice ofthis document shall be recorded withthe Calhoun County Register of Deeds Office ‘SECTION 13 ~ PLANNING COMMISSION REVIEW AND PUBLIC HEARING [After proper public notice was given and a public hearing held on the ___day of 2016 before the Springfield Planning Commission, a motion was duly made and approved as Fecorded in the minutes ofthe Planning Commission meeting ofthe same date recommending the Springfield City Council approve this Conditional Rezoning Agreement. Brent Folkema, Chairman ‘Marie Wall, Secretary ‘SECTION 14~ SIGNATURE AND NOTARIZATION IN WITNESS WHEREOF, the undersigned has executed this CONDITIONAL REZONING [AGREEMENT for and on behalf of the Burmese American Initiative, Inc. on the “day of Mos 2016. STATE OF MICHIGAN ) ss. COUNTY OFCALHOUN fay of “\cxs 2016, before me, a Notary Public, in and for sad County, personally appeared Novo, Wn, ogee aaasas, von, gE ae Krak. CL) Sema Aeron In Tis Counry oF, Cede > oar ble fein Cahoon Coun, My Commission Expires: Sado uce WW RON,