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HomeMy WebLinkAboutPermit Miscellaneous 1989-8-3 . .,., t:Ldc( 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, ,..t 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 1 ~ . 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. p" 7,. P7 Uate I 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 2