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HomeMy WebLinkAboutPermit Miscellaneous 1989-11-27 ~""., ~. . . Add, .3 ~ '6~ ~A.- -\c.'-";tlll SITE PLAN REVIEY DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this ;?71lL day of N ~&a'{ , 1989 (the "Effec tive DflJe") by and between the CITY OF SPRINGFIELD, hereinafter "Ci ty", and OAY'e f<1/'lt116L hereinafter "Applicant", in accordance with Section 3l.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS YHEREAS, on the ~ay of _~o'Y~~* Site Plan Application submitted by the Applicant , 1989, the City approved the Final for the purpose of allowing: The walling an existing bottle enclosure to meet health requirements for rodent and insect proofing. The location of the property is the ARCO station at 3488 Gateway Street (Assessor's Map 127-03-22-20, Tax Lot 1200 (Journal Number 89-ll-l90). YHEREAS, 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. YHEREAS, 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 Si te Plan dated 11/22/89. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS YHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOYS: 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.l10 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(4)(b) of the Springfield Development Code. Site Plan Development Agreement 1 .? . . 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan yithout 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 folloYing: (a) The building and site shall be maintained in accordance yith the provisions of the Springfield Development Code in order to continue the use. (b) It shall be the -continuing obligation of the property OYner to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of yeeds 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 condition free of litter or dust, and deteriorated pavement improved to maintain conformance with these standards. owner or tenant in a conditions shall be (d) Undeveloped land of trash and stored materials shall not be used for parking. yithin the development area shall be maintained free in a moyed and attractive manner. Undeveloped land 6. In addition to all other remedies which may be provided by lay or equity (including but not limited to penalties provided by applicable State Lay or City Ordinances), Applicant agrees that City may enforce Applicant's responsibilities by withholding Applicant's 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 construction does not commence within one year of the date of this Agreement. IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. /1 h2 / '00; Date APPLIC'11 BY: j/du<... ~.:, () 4v. 'lltc-1~cP ~ ~ ~ -fJ~'t!~&. , ' I'" BY: STATE OF OREGON, County of L-11!J~ 10 oV~/-1f!o~ ;;''2., 198 -=t Personally appeared the above named I)A\/(;;!: iXli'-'}I'1~ -, yho acknowledged the foregoing instrument to be their voluntary act. Before me: ._ ~ Notary g[bi{~for //t Oregon My Commission expires J- ~ - <"12. Site Plan Development Agreement 2 '.~c III 27/ fjCj Date STATE OF OREGON,' County of ' !JoVr5./",,/!'C!il?')..j,198L. " 6-t?~~.Lh ..r /.-'J~,T be their voluntary act. . . CITY c:2.- \ =' I\. BY: CA1-?-<':,;;,- / ~ .'\ .,,",\;"\. . Dev~op~.t(9ode Administrator [,NVc Personally'appeared the above named , who acknowledged the foregoing instrument to Before me: ~/~ NotarYc!Ybii'e for /L: Oregori My Commission expi res J - if -9 ') Site Plan Development Agreement 3