HomeMy WebLinkAboutPermit Miscellaneous 1990-3-14
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this J.t'f71L-
day of ,/fI!.Pr-Q.Cl-/ ,1990 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "City", and Don Carter, President, McKenzie Enterprises,
Inc., hereinafter "Applicant", in accordance with Section 31.090, and Section
3.070(3), 3.080(3), 3.090(3), and 3.100(3).
RECITALS
WHEREAS, on the 9th day of March, 1990, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 89-l2-200. Type I
conversion of an existing building to
located at 440 North A Street, Assessor's
1100 and 1000.
Site Plan Review to discuss the proposed
a district court office. The property is
Map 17-03-35-31, Tax Lots 2800, 2900, 1200,
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 3l.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, Planning 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. All improvements must be constructed/installed as shown on the Final Site Plan
dated March 8, 1990.
2. Written verification and a program from a licensed nursery person or landscape
architect to ensure that the proposed plant materials will have at least a 90
percent survival rate over a 5 year period without an irrigation system.
THEREFORE IN CONSIDERATION 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 3l.ll0 of the Springfield Development Code.
Site Plan Development Agreement
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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 3l,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 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 ~ontinue 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. 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
condition free of litter or dust, and deteriorated pavement
improved to maintain conformance with these standards.
owner or tenant in a
conditions shall be
(d) Undeveloped land
of trash and stored materials
shall not be used for parking.
within the development area shall be maintained free
in a mowed and attractive manner. Undeveloped land
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. Any Final Site Plan approved becomes null and void if construction does not
commence within one year of the date of this Agreement.
IN VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
3-ry'96'
Date
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APPLI~A~~');~$"/ uy;/0~/'/', AJ;/-;J
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BY: . ~ '. . -I I/.. .v~::~"z;
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BY:
STATE OF
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Vo N At..1J
be their
OREGON, County of L;1tv~
it'! ,1990. Personally appeared
~ fO~I()8-'r, who acknowledged
voiuntaty act. Before me:
the above named
the foregoing instrument to
Site Plan Development Agreement
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NOTa~or Oregon
My Commission expires J - 'f-- 92.
], /'1, '10
Date
CITY
BY: ~ /~
DevelQpm(e61 Coae Administrator
F1>t2 ~
STATE OF qREGON, County o~(} ~
~~ . \ ~ " 1990. lersonallY appeared the above named
(-'1\\51 I X' M 1\r\J\ {) ,who acknowledged the foregoing instrument to
be their v~untary act. ~efore me:, ~ _ \ ~\ _
\JJ..'i'\.J\"" ~\~
Notary Public for Oregon' \
My Commission expires R, \ LO ,q, ()
Site Plan Development Agreement
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