HomeMy WebLinkAboutPermit Miscellaneous 1994-7-7
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this day ~f
-:JUL..\( ,1994 (known as the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "City", and Wi llama lane Park & Recreation Dist., hereinafter
"Applicant", in accordance with Section 31.090. and Sections 3,070(3). 3,080(3), 3.090(3)
and 3.100(3).
RECITALS
WHEREAS, on the lth day of :r ULI.I , 1994, the City approved the Final Site
- Plan Application (Journal Number 94-05-111) submitted by the Applicant for the purposes of
allowing the construction of a kiosk and overlook park on the north bank of the Millrace
immediately west of South Second Street (Assessor's Map 17-03-35-32, Tax lots 7600 and
]804. The Downtown Refinement Plan designation of the property is Booth-Kelly Mixed Use
and the zone classification is the same. The propose use is a permitted use in the District.
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 all the standards of the Springfield
Development Code and Springfield Municipal Code which may be applicable to this
development project unless modified or excepted by the Site Plan Review Development
Agreement, Development Services Director, Planning Commission, Building Official or "their
agents, or the Fire Marshal, which modifications or exceptions shall 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. The Final Site Plan shall conform to the Preliminary Site Plan as approved,
2. Building permits for the kiosk, overlooks and decks shall be required,
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THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXI"RESSlY
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOllOWS:
AGREEMENT
1, FINAL SITE PLAN, The applicant has submitted a Final Site Plan in accordance with
Section 31,080 of the Springfield Development Code,
2, STANDARDS, The Applicant agrees to fulfill all applicable standards specified in lh
Springfield Development Code and the specific standards listed in RECITALS prior 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 required
by the City listed in RECITALS prior to occupancy, unless certain conditions have been
deferred to a later date in accordance with Section 31 .040(4)(b) 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 Sections 31,00 of the Springfield Development Code.
5, MAINTAINING THE 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 owner to maintain the
planting required by Section 31,140 of the Springfield Development Code in an
attractive manner free of weeds and other invading vegetation, and to replace sick,
dying or dead plant materials to ensure a healthy landscape and fulfill the planting area
requirements of the Development Code,
(c) 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 these standards.
(d) Undeveloped land within the development area shall be maintained free of trash
and stored materials in a mowed 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 penalties 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, An Final Site Plan approved becomes null and void if construction does not commence
within one year of the date of this Agreement,
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IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
APPLICANT
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BY:
BY:
STATE OF OREGON, County of ct:-, e..----
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be their voluntac1Y act,
I I'L' OFfJCL\LlEAL
".','" CAROLDDAUAB
, "~~" NOTARYIUllJC.ORSlQN
, . :::i,: ';/ / COMMISSlOH NO. 0S0687
, '.. MY COMMISSlOH ElII'IRSM It, fflI
, 1994, Personally appeared the above named
,~ aCknO~edge~ th~:regOing instrument to
Before me: ~~ ~
Notary Public for Oregon
My Commission expires
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CITY
CITY OF S;;.J.(.I41"f-f'lV
Date'J !:J;Jqif BY:, ,~.1IbiM7c7J/
~ Develop nt Serv' s Director 0
STATE OF OREGON, County of La)ne,~;J...0 ,1994. Personally appeared
the above named .5u ~ c.. fJ acknowledge the foregoing instrument
to be their voluntary act. Before me: ~") ~Q;r, --~A~
~ary pu'blic for Ore~' .
My commission expires I J1 / f1 q b
, ,
. OFFICIAL SEAL
..., " JANICE L JAMISON
\" ,/ NOTARY PUBLIC-OREGON
COMMISSION NO,019958
MY COMMISSION EXPIRES DEC, 18, 1996