HomeMy WebLinkAboutPermit Miscellaneous 1989-11-27
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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
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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.
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Date
APPLIC'11
BY: j/du<... ~.:,
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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: ._
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Notary g[bi{~for
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Oregon
My Commission expires J- ~ - <"12.
Site Plan Development Agreement
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Date
STATE OF OREGON,' County of '
!JoVr5./",,/!'C!il?')..j,198L.
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be their voluntary act.
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CITY
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BY: CA1-?-<':,;;,- / ~ .'\ .,,",\;"\. .
Dev~op~.t(9ode Administrator
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Personally'appeared the above named
, who acknowledged the foregoing instrument to
Before me:
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NotarYc!Ybii'e for
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Oregori
My Commission expi res J - if -9 ')
Site Plan Development Agreement
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