HomeMy WebLinkAboutAgreement APPLICANT 8/28/2013 (2) SITE PLAN REVIEW' DEVELOPMENT AGREEMENT
TmAS ^D�EVELOPMENT AG_TORMRNP, hereinafter "Agreement", is entered into this 22""
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dey of '' '
,'-^t, , 1990 (the "Effective Date") by end- between the CITY OP
SPRINGFIELD., h«innfter "City", and Sheri's Menegement Corp., hereinafter
"Applicant", in accordance Pith Section 31.090, end Section 3.070(3), 3.080(3),
3.090(3), and 3.100(3).
• RECITALS
VHE EA3, on the 30th day of March, 1990, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of allowing:
CIT° Joups . NUMBER 90-02-26: Type . I Site Plan Review requesting approval to
cunsLivuL a Zb ii's .e.LeeiauL curl p-,k1u6 lut. The pwpcLly ivccLc1 vu c pvi lieu
of a pad site at the northeast corner of Pioneer Parlevay East and Q Street.
'WHEREAS, in consideration for Site Flan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 31.090, Applicant agrees to comply with all the standards of
the Springfield Development Code and 'Springfield Municipal Code which may be
applicable to this development project unless codified or excepted by the Site Plan •
Review Development Agreement, Planning Director; Planning Connission, Building
Official or their agents, or the Fire Marshal, which modifications or exceptions
shell be reduced to writing.
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 31.090, Applicant agrees to comply with the following
specific conditions imposed by the City as part of the Site Plan approval:
1. All improvements must be constructed/installed as shown on the Final Site plan
dated March. 30, 1990.
2. A copy of a joint uee parking agreement prior to the occupancy of the building.
MISREPORT IN CONEIDERATI0N OF THE FORECOINC RECITALS WHICH ARE i.XERE£EL? MADE A PART
OF MIS AGREEMENT, 0.111 MO APPLICANT AGREE AS FOLLOWS:
AGREEMENT
1. FINAL SITE FLAN. ThP applicant has submitted a Final Site Plan in
accordance with Section 31.080 of the Spring-field Development Code.
2. STANDARDS. The applicant agrees tc fulfill all applicable standards
specified in the Springfield Development Code and the specific standards listed in
RECITALS prier to occupancy, unless certain standards have been deferred to a later
date in accordance with Section 31.110 of the Springfield Development Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of
approval req'sired by the City listed in RECITALS prior to occupancy, anless certain
conditions have been deferred to a later date in accordance with Section 11 _0LO(4)(5)
Site Plan Development Agreement L ll'
OY
- ute Received:
Planner: LM
. -03/30/90 15: 59 Q503 726 0782 CITY OF 5PRNGFLD tp pp,
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of the Springfield Development Code.
4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site
Plan without first notifying the. City. Modifications to the Final Site Plan shall be
reviewed in accordance with Section 31.100 of the Springfield Development Code. .
5. M61_N^!AINING IHL USE. The applicant agrees to the following:
(a) The building and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue the use.
. (b) It shall be the continuing obligation of the property ovner to
maintain . the planting- required by Section 31.140 of the Springfield Development Code
in an attractive "anner free of weeds and other invading vegetation. In addition;
plantings in the vision clearance area shall he trimmed to meet the 2 1/2 foot height
standard in accordpnre .1th Section 32.070 of the Springfield Development Code.
(c) Parking lets shall be maintained by the property owner or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall he
impra+ad to me±as.aiw eaa$srr...anca with th&se atta.i Jn.
(d) Undeveloped bead within the development area shall be maintained free
of trash and stored tterials in a moved and attractive manner. Undeveloped land
shall not be used for parking.
6. In addition to all other remedies which may be provided by law or equity
(including but not limited to pcoelties provided by applicable State Law or City
Ordinances), Applicant agrees that City may enforce Applicant's responsibilities by
withholding Applicant's Final Occupancy Permit, and terminating any Temporary
Occupancy Permit which may have been granted.
7. Any Final Site Plan approved becomes null and void if construction does not
commence within one year of the date of this Agreement.
IN WITNESS ABEBZOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written:
•
AnC1,.ua T .F;/VA 5 N c-sr tom', .P_.r te7 no
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Date /
Bfl
STATE OP OREGON, County of 4./71'>N//;.7.77
_/-'i'x'// .2 , 1990. Personally appeared the above named
.7 C c/ .0". i-C't , vno ackmovledged the foregoing instrument to
be their voluntary act. Before me:
// "
Notar /Public for Oregon
Site Plan Development Agreement ' W2—rh
Date Received:
Planner: LM
05;50/80 15:59 77505 720 3762 CM of JYiCdtLll JUU1
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My Commission expires V/V/0/
CITY
BT- /wit 171 0
if- 2 • To Develo t e Administrator
Date
ST-TE OF ORErMb, County of k(111l.�
• • . . 1990 Persona ly appeared the above named
c ant r 4. 1 1 .1 , who acknovledged the for- o' ._• instrument to
we t eir vo_; •ta*y act: 4:--ore me:
LZ1
horary Pub lc for Oregon€3 ,2fy commission expires " 0 . 90
Site Plan Development Agreenent l O /J
3 Date Received:
Planner: LM