HomeMy WebLinkAboutPermit Miscellaneous 1989-8-3
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DE,VELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this 3,J(jay of
ka U~-r, 1989 (the "Effecti ve Date") by and between the CITY OF SPRINGF IELD, herei nafter
II ity"r,-and MCKAY INVESTMENTS hereinafter "Applicant", in accordance with Section 31.0~0, and
Section 3.070(3),3.080(3),3.090(3), and 3.100(3).
RECITALS
WHEREAS, on the 14th day of July, 1989, the City approved the Final Site Plan Application
submitted by the Applicant for the purpose of allowing:
A 14
located 1650 Centennial Bouleva
Nunber 89~
ervice addition to the existing Waremart market.
(Assessor~s Map 17-03-25-34; tAx Lot 03900).
The site is
City Journal,
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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 Developrrent Code Section
31.090, Applicant agrees to comply with all the standards of the Springfield Developrrent Code
and Springfield Municipal Code which may be applicable to this development project, including
but not limited to, the following:
Construction to be in accordance ~ith approved Final_ Site Plan.
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 Developrrent Code Section
31.090, Applicant agrees to comply with the following specific conditions imposed by the City
as part of the Site Plan approval:
No conditions are imposed.
NOW 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 Developrrent Code.
2. STANDARDS. The applicant agrees to fulfill all
Springfield Developrrent Code and the specific standards
unless certain standards have been deferred to a later
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.
applicable standards specified in the
listed in RECITALS prior to occupancy,
date in accordance with Section 31.110
4. MODIFICATIONS. The applicant agrees not to modify ~he 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 Developrrent Code.
Site Plan Developrrent Agreerrent
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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 Coae 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. In addition, plantings in the vision clearance
area shall be tri~d 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.
(d) Undeveloped land. wi thi nthe development area shall be mai ntai ned free of trash and
stored materials in a rrowed 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 TelTl>orary 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 Agre~ment.
IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date
first hereinabove written.
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APPLICANT r../
BY: /1~J,~
BY: ~G~?J1)
STf.TE OF OREGON, County of L/tf'1 &:::- / ' /
/fl!6u,YT] , 1989 . personally appeared the above named
Do~ 6 c.-rT.l ~c JUt, , who acknowl edged the fo~oi 119 i I'Jstrument to
be theH VOluntary act. B~fore me: ~ / .L....
Notary PutD;j/c <-ft>r Oregon
My Commission expires 3- q- -9L
CITY
BY:~~~ .
Deve O,"~~t ode Administrator
Uate l 0 '---"
Sf ATE OF OREGON, County Of~n /1lQ~
~ 7\\ ,\\-, ~\ , 1989. Persona Ily appear'ed the abov7 na ~d ,
(-VV', '---Vi;' ~ ~rtt, , who acknowl edged the foregol ng 1 nstrument to.
be th~ .. ~~ 1 untary act. Before lie: Lx. ~ \ ~,~( ~_)
Notary Public for oreg~\ ~
My Commission expires R.\\(}.C\()
Site Plan Development Agreement
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