HomeMy WebLinkAboutPermit Miscellaneous 1987-11-23
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, herei nafter "Agreement", is entered into thi s 2 ~
day of ~~ ,1987 (the "Effective Date") by and between the CI II ur
SPRINGFItLU, nerel natter "City", and PAC IFIC PETROLEUM CORPORATION AND RUDY POWELL
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 ),:7;, day of ~~ ,1987, the City approved Site Pl an
Application submitted by tne Applicant Tor tne purpose of allowing:
The ~p-er-attonC--of--a--c~venience store in addition to the existing gas station
located ~t 352~ Gateway. Street;Journal Number 87-09-129. "
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, including but not limited to, the following:
1. Installation of a bicycle rack in accordance with Section 31.090 of the
Springfield Development Code.
2. Any outside trash receptacles on the property need to be screened in accordance
with Section 31.060 of the Springfield Development Code;
3. Submittal of a Final Site Plan incorporating items 1 and 2 above in accordance
with Section 31.080 of the Sprinfield Development Code.
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.
A Time Certificate of Deposit (#37305) in the amount of $10,500.00 assigned to
the City of Springfield and held by Centennial Bank, for the purpose of
contri buti ng to,~ Gateway Street frontage improvements. At the time of
construction of Gateway Street applicant's property shall be assessed by the
City under terms of assessment employed by the City at the time of construction.
Discontinuance of the use permitted by this Development Agreement shall not
obviate the ~bligation of this Time Certificate of Deposit to be applied to
Gateway Street frontage assessments. Applicant shall be liable for assessments
to Gateway Street frontage which exceed the amount of this Time Certificate of
Deposit. In the event that assessments for Gateway Street frontage are less
than the amount of this Time Certificate of Deposit, applicant shall be entitled
to balance remaining. Applicant shall not alter or amend the provisions of this
Time Certificate of Deposit without approval of the C!ty of Springfield.
2.
Submittal of the deed for the property in accordance with Section 3.050 of the
Springfield Development Code.
Site Plan Development Agreement
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NOW THEREFORE IN CONSIOERATION 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 agrees to submit a Final Site Plan in
accordance with Section 31.080 of the Springfield Development Code concurrently with
this Agreement.
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 31.110 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 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 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 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 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 or terminating Applicant's Occupancy Permit.
7.' Any Fi nal Si te Pl an approved becomes null and voi d if constructi on does not
commence within one year of the date of this Agreement.
Site Plan Development Agreement
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IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
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BY:M'~ _p{~ rN~/
BY: A~-;? ~/
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STATE OF OREGON, County of L-,4.N~
!\J.v~{I~ ;2.), 19B7 . I'ersona IIY appeared the above named
{lIhCMfitL L- ~~110>!"!? +- Q..,d1 p"we;K , who acknowledged the foregoing instrument to
De fnelr vOluntary act. l:leTOre me:
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Notary I'UD tJZ rOT uregon
My Commission expires :1- tr - f?a
CITY
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STATE OF OREGON, County of ~~~
N.vG,M<]@( 23 ,1987 Persona Ily appeared the above named
r..12~T-.<7'I21 ,\ /'1-n- - ,who acknowledged the foregoing instrument to
De tnelr VOluntary act. l:leTore me:
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NotarY- ~I~ Tor uregon
My Commission expires ]- Lr-G'8
Site Plan Development Agreement
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