HomeMy WebLinkAboutAgreement APPLICANT 1/18/2013 •
City of Springfield •• SPRINGFIELD
Development Services Department
225 Fifth Street
Springfield, OR 97477 f
MINIMUM DEVELOPMENT STANDARDS MINOR
Development Agreement
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This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this a day of QanU 2013 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter"City" and Michael D. Mc reery,
hereinafter"Applicant," in accordance with the Springfield Development Code, hereinafter"SDC" 5.15-125 and
5.1-125.B.
RECITALS
WHEREAS, on the 7th day of January, 2013, the City approved the Minimum Development Standards Minor,
hereinafter"MDS" application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER TYP112-00040, Type I MDS application, requesting approval for the placement of a 480
square foot deck on the south side of an existing drive-up coffee cart. In addition to the deck the sales will
change from coffee to hot dogs. The property is located in the Centennial Shopping Center, 603 W.
Centennial Boulevard, Springfield, Oregon (Assessor's.Map 17032743, Tax•Lot 5808).
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 Ilrcjprp7 i e�ts must be constructed/installed or bonded as shown on the Final Plot Plan, dated
2. All condiitions as specified in the MDS TYP112-00040 Decision, dated January 7, 2013 must be fulfilled
, prior to issuance of the Final Occupancy Permit.
3. No building or structure shall be occupied until all improvements are made as specified in this Section,
unless otherwise permitted in Section 5.15-125 F.
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 5.15-125 F.
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 5.15-125 F.
Date Received:14L
Planner: LM
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4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan without first
notifying the City.
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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 2 years
of the MDS TYP111-00030 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
Applicant:
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STATE OF OREGON, County of Lane, JAt■.\. S , 2013. Personally app4-d the above named
of Stith igficilf SttioorDistrlct, who acknowledged the foregoing instrument to be
his voluntary act. Before me: rn I ch a Q I m CI`Q 2tui
A,
toe OFFICIAL SEAL
c KATHRYN E REEOER Notary ub IC +r Men
NOTARY PUBLIC-OREGON
COMMISSION N0.443126 M Commission Expires (� + '1
MY COMMISSION EXPIRES OCT 4.2013 1
My p ��'�-1 ,13
Date Received: 1 11°
Planner: LM •
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CITY OF SPRINGFIELD: ate_ j��A
1 UI �3 By: a'UI _ Vk 1 (b
Date
STATE OF OREGON, County of Lane„\P■.\\\ S , 2013. Personally appeared the above named
Elizabeth Miller, Development and Public Works Department Planner, who acknowledged the foregoing
instrument to be his voluntary act. Before me: '
J
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OFFICIAL SEAL Notary Pub re fo Oreton
i(,aWa�- KATHRYN E REEDER -
NOTARY PUBLIC-OREGON
COMMISSION N0. 443126 My Commission expires\C\ 1'jl13
MY COMMISSION EXPIRES OCT 4,2013
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Date Received:. 1 (8 f iJ
Planner: LM
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