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HomeMy WebLinkAboutPermit Miscellaneous 1992-9-22 ~ , '- .. ~ 'f B 01-1 ~i!-:)'... :,J 0. ~\ .A dd,r~ 5S F;' Ie.- ,.....-1 SITE PLAN REVIEV DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this J)t!$! day of <;t'~lrftlbO I9f~ (the "Effec t i ve Date") by and be tloleen the cnY OF SPRINGFIELD',! hereinatter "Ci ty", and Illahe Inc" hereinafter "Applicant", in accordance loIith Section 31.090, and Sections 3,070(3), 3,080(3), 3,090(3), and 3,100(3), RECITALS VHEREAS, on the 17 th day of September, 1992, the City approved the Si te Plan submitted by the Applicant for the purpose of allololing: CITY JOURNAL NUMBER 92-07-151. Type II Si te Plan to consider the approval of a 58 -56- room Rodelolay Inn, The property involved in this request is located at the !~ southlolest corner of Hutton Street and Beltline Road (Assessor's Map# 17-03-22-20, Tax j Lot 911), VHEREAS, 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 loIith all the standards of the Spr~ngfield Development Code and Springfield Municipal Code IoIhich may be applicable to this development project unless modified or excepted by the Site Plan Revielol Development Agreement, Planning Director, Planning Commission, Building Of.ficial or their agents, or the Fire Marshal, IoIhich modifications or exceptions shall be reduced to IoIriting, VHEREAS, in consideration for Site Plan approval, the issuance of a Building Permi t, and the issuance of an Occupancy Permi t, as specified in the Springfield Development Code Section 31,090, Applicant agrees to comply loIith the follololing specific conditions imposed by the City as part of the Site Plan approval: 1, All improvements must be constructed/installed as shololn on the Final Site Plans dated September 17, 1992, 2, The signing and recording of a joint-use/access maintenance agreement prior to occupancy, THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS YHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOVS: AGREEMENT 1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in accordance loIi th 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 loIith Section 31.110 of the Springfield Development Code. 3. CONDITIONS, The Applicant agrees to fulfill all specific conditions of Site Plan Development Agreement 1 , 1IIIIIW . . approval required by the City listed in conditions have been deferred to a later of the Springfield Development Code. 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan ~ithout first notifying the City, Modifications to the Final Site Plan shall be revie~ed in accordance ~ith Section 31.100 of the Springfield Development Code, RECITALS prior to occupancy, unless certain date in accordance ~ith Section 3l.040(4)(b) 5, MAINTAINING THE USE, The applicant agrees to the follo~ing: (a) The building and site shall be maintained in accordance ~i th the provisions of the Springfield Development Code in order to continue the use, (b) It shall be the continuing obligation of the property o~ner to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of ~eeds 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 ~ith Section 32.070 of the Springfield Development Code. (c) Parking lots shall be maintained by the property o~ner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shall be improved to maintain conformance ~ith these standards. (d) Undeveloped land ~ithin the development area shall be maintained free of trash and stored materials in a mo~ed and attractive manner. Undeveloped land shall not be used for parking. 6. In addition to all other remedies ~hich may be provided by la~ or equity (including but not limited to penalties provided by applicable State La~ or City Ordinances), Applicant agrees that City may enforce Applicant's responsibilities by ~ithholding Applicant's Final Occupancy Permit, and terminating any Temporary Occupancy Permit ~hich may have been granted. 7. Any Final Site Plan approved becomes null and void if construction does not commence ~ithin t~o years 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, APPLICANT ... /, .. .- / ",'7 'I.:"'" (J :/"1.',"1/.).:,//,,,,/17.::- bate/ " r i / / I J.. //5..' /'..L. /",~- J' . BY: ,..::.,... / " ! ."t.........,__ ,j I STATE OF O((!J::..<:;;A<.. , County of I ,...,--.:i" ~e~~,,~~_~ ,1~~Z, Personally appeared the above named T?;,,Jbl'll'd '0, ~/\"''' , ~ho ackno~ledged the foregoing ins trumen t to be their voluntifry act, Before me: BY: , ! <. ;' ~ \ } I I l:., :~ ~ ,,/ l Site Plan Development Agreement 2 "'~--"-.. r _m - -. --- O~~~CI;C SEA~ \ ','E:"*\ ;!!.I!)'l'I;Y D. HOVET . \ ~!' I<,C;{,,' f',';JL'C, OREGON " \ ,.i';,}!";j'" .... :"_'~ '''_' ..' \ ,,,.,,~.. Cc,' ',::",,,:..,,_,, ,.0. 005063 I \ I'" .....,,,':<,1..' "P"t'S FEB 21 19!1\ \ 1>-____~_.....::.r_~:~,~'':..~.,~ ::'_'~ _. ~" \ - , '" ,.,-----cl. tj / J-!-! / q '2--- Datel ~-",; Not~ Public C5.=~C<">I, \J Q/~'7l1S;- My Commission expires CITY \ BY: ;:~~, \\1t~ pJ:i~l'!m ~~~ager STATE OF OREGpN, County of ~~~ A~JJ f 5Z q- , 1992. . Personally appeared the above named , " 6r~or?1. S' /'r/fJrf' , vho acknovledged the foregoing instrument to be their Volu~tary act, Betore me: , ~' /.1, ' , /.' "11,.(1 _L.-- ,0 "--/7J -.Ch.ut.';l-,.....,., C/'tary Publi~tor gregon My Commission expires I 'J//qqv I . ~ ,\ '. :: . ,. '.,," . ..., Site Plan Development Agreement j