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HomeMy WebLinkAboutPermit Miscellaneous 1989-3-14 c; ;., Co . . ado! " SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entere<1 into this 14-#l<1ay of mclt?( It. ' 1989 (the "Effective Oate") by an<1 between the CITY OF SPRINGFIELD: nereinafter n{;Jty", an<1 RALPH JOHNSON hereinafter "Applicant", in accor<1ance with Section 31.090, an<1 Section 3.070(3), 3.080(3), 3.090(31, an<1 3.100(3). RECITALS WHEREAS, on the i4: aay of k),al?c,h, 1989, the City approve<1 the Final Site Plan Application submittea by t e Applicant or tne purpose of allowing: ______ a change in use to boat ana motor relpair ana sales. Locate<1 a 1517 South A St~City Journal Number 88~08~136. "~~"--=S WHEREAS, in consi<1eration for Site Plan approval, the issuance of a Builaing Permit, an<1 the issuance of an Occupancy Permit, as specifie<1 in the Springfiel<1 Development Co<1e Section 31.090, Applicant agrees to comply with all the stan<1ar<1S of the Springfiel<1 Development CO<1e an<1 Springfiel<1 Municipal Coae which may be applicable to this <1evelopment project, inclU<1ing but not limite<1 to, the following: 1. The submittal of a lan<1scape plan to be ma<1e part of the Final Site Plan showing the agree<1 to planting area (approximately 650 square feet) to be <1ivi<1e<1 as follows: at the northwest, southwest ana northeast corner of the site. The names of the plants ana trees neea to be incluaea. The plants use<1 shoul<1 be those which <10 not neea much water. The later shoul<1 be certifie<1 by a nursery person. 2. The location an<1 size of the require<1 parking spaces inclU<1ing wheel stops shall be incluae<1 on the Final Site Plan. 3, The curb cut (shown on the Final Site Plan) will be close<1 an<1 the curb cut to be reconstructe<1. WHEREAS, in consiaeration for Site Plan approval, the issuance of a Builaing Permit, an<1 the issuance of an Occupancy Permit, as specifie<1 in the Springfiel<1 Development CO<1e Section 31.090, Applicant agrees to comply with the following specific con<1itions impose<1 by the City as part of the Site Plan approval: Signing of an Improvement for South 15th Street. The Improvement Agreement shall inclu<1e language concerning the a<1aitional lan<1scaping requirea for the site to be require<1 at the time South 15th Street is improve<1. Site Plan Development Agreement 1 '~..... ~ . . ., NOW THEREFORE IN CONSIOERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY 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 the 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 31.110 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. 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 3l.140 of the Springfield Development COde in an attractive manner free of weedS and other invading vegetation. In addition, plantings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance with Section 32.070 of the Springfield 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. Ca) Undevelopea 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 remeaies which may be proviaed by law or equity (including but not limitea to penalties proviaed by applicable state law or city ordinances) Applicant agrees that City may enforce Applicant's responsibilities by withholaing Applicant's Final Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been granted. Site Plan Development Agreement 2 ,.,----. '. . . io) 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 WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. 3~-87 Uate APPLICANT B~(~ , / /' --- -- STATE OF OREGON, County of L/tf'Jb _ T'-1l'rac.lf ? ,l98!-. Versona IIY appeared the above named , who acknowledged the foregoing instrument to be tnelr vOluntary act. ~etore me: Notary ~'Rlr- u,.~~/ My CommiSSlon expires 3-.!f -92. S IL(-. <iJ'7 Date CITY BY:lJ~;~~~"~'~-' ~~~~~ Admlnlstrator STATE OF OREGON, County of ,AAt2.I:; t! { C-f , 1981- . s-f?cel.-<>R'7 .' ~ ,.A-1oT/- be tnelr VOluntary act. L/iN1:3' personally appeared the above named , who acknowledged the foregoing instrument to ~etore me: ~~ Notary PI!lO-/'1 c tor uregon My Commission expires ~- <f'-'12.. ~~-"~-'=~~~--- ~ . " . '.' ~ . ..... - ; ~;:: - -". ...... -- '- --,.. ". Site Plan Development Agreement 3