HomeMy WebLinkAboutPermit Miscellaneous 1994-5-16
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.' ;2.7 70 6tt1~0 St.
SITE PLAN REVIEW ...611""'OPHENT AGREEMENT
THIS DE~MENT AGR&NT, hereinafter "Agreement", is entered
into on the day of . , 1994 (the ,"Effective Date") by and
between the C TY OF SPRINGFIE D, hereinafter "City", and GATEWAY MALL
PARTNERS, a South Dakota general partnership, 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 17th day of February, 1994, the City approved the
site Plan submitted by the Applicant:
CITY JOURNAL NUMBER 93-11-180. Type II Site plan requesting approval
of a 7,500 square foot video rental store with adjacent parking. The
property is zoned Community Commercial; the Gateway Refinement plan
and Metro Plan designations are Community Commercial. The proposed
use is permitted in the Community Commercial District. The property
is located on the Gateway Mall site on the west side of Gateway
.Street (Assessor's Map# 17-03-22-00, Tax Lot 2300, a portion of).
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, 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 February 17, 1994.
2. A copy of a signed and recorded Joint Use Access and Maintenance
Agreement prior to occupancy.
Site plan Development Agreement
Page 1
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THEREFORE
EXPRESSLY
FOLLOWS:
IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
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 31.040(4l(bl 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:
."
(al The building and site shall be maintained in accordance
with the provisions of the Springfield Development Code in order to
continue the use.
(bl 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,
(cl
tenant in a
conditions
standards,
Parking lots shall be maintained by the property owner or
condition free of litter or dust, and deteriorated pavement
shall be improved to maintain conformance with these
(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
Site Plan Development Agreement
Page 2
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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 construc-
tion does not commence within two years of the date of this Agreement.
IN WITNESS ,.n.t.~OF, the Applicant and the City have executed this
Agreement as of the date first hereinabove written.
APPLICANT
GATEWAY MALL PARTNERS, a South Dakota
general partnership
By: GENE~ GROWTH PROPERTIES, INC.,
gener al'tner
Vice President
Dat~~~ \~l \4~t
By:
,
STATE OF IOWA )
) ss.
COUNTY OF POLK )
On this 16th day of May, 1994, before me, a Notary Public, in and
for the jurisdiction aforesaid, personally appeared Stanley Richards,
who is known to me to be the Vice President of General Growth
Properties, Inc., a Delaware corporation, the general partner of
Gateway Mall Partners, a South Dakota general partnership, and the
identical person who signed the foregoing instrument on behalf of the
corporation by authority of its board of directors and acknowledged
suc:,;,:xe:':~I~o:'\i~;~:'~~ the VOIS~~C~~d~~ corporation.
~ t',\~. r,lY Cl;:",l;iH~SI\ld I.A,'i:i.\ Kai-in-'L. Becrrcfsiey -- - -(j
_.:~;~ ".J-A!)Jl~. Notary Pubhc
CITY c.- ;/
By: ~ /;1::
Plan~g Kanager
,).:J If .Cj/f
Date
~
7ke.
STATE OF OREGON, County of
L ,,>!~
.
OFFICIAL SEAL
VERNON OELK
NOTARV PUBLIC" OREGON
COMMISSION NO. 030417
MY COMMISSION EXPI1lES FIB 19. 1!l!lB
, 1994. personally appeared
, who acknowledged the
volunta~ act. Before me:
~~
Notary Public for Oregon
My commission expires =tllq Ia.~
the above
foregoing
MI>..v":l.,4
named GAoV-.... M. ~~rz.'"
instrument to be their
Site Plan Development Agreement
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