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HomeMy WebLinkAboutPermit Miscellaneous 1989-11-22 . . MrP. SITE PLAN REVIE\i DEVELOPI1ENT AGREEI1ENT 1/,-' THIS /EVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this 22 ~. day of / J.):2!Ai~.(:;'1?, 1989 (the "Effective Date") by and bet\.leen the CITY OF SPRINGFIELD, hereinafter "City". and Meyer Motels, Limited, hereinafter "Applicant". in accordance \.lith Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS \"HEREAS, on the 6th day of No-,'ember, 1989, the Ci ty approved the Final Si te Plan Application submitted by the Applicant for the purpose of allowing: A 69 unit motel with parking and landscaping. The site is located at 3315 Gateway Street (Assessor's Map 17-03-22-20, Tax Lot 905) Journal Number 89-09-157. \iHEREAS, 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 \.lith 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 Revie\.l Development Agreement, Planning Director, Planning Commission, Building Official or their agents, or the Fire Marshal, \.Ihich modifications or exceptions shall be reduced to \.Iriting. \iHEREAS, 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 \.lith the follo\.ling specific conditions imposed by the City as part of the Site Plan approval: a. All improvements must be constructed/installed as sho\.ln on the Final Site Plan dated 10/27/89. Note: Gate\.lay Street \.Iill not be permitted to be cut. b. Any modification of the Final Site Plan must be approved by the City. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS \iHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLO\iS: AGREEMENT 1. FINAL SITE PLAN. The applicant has submitted' a Final Site Plan in accordance \.lith 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 \.lith 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 \.lith Section 3l.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 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 ~ith 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 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 condition free of litter or dust, and deteriorated pavement improved to maintain conformance with these standards. o~ner or tenant in a conditions shall be (d) Undeveloped land of trash and stored materials shall not be used for parking. within the development area shall be maintained free in a mowed and attractive manner. Undeveloped land 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 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 VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. /f-2JJ ~o9 Date :::ulf~~{ ~td;t'tU( , STATE OF , County of ,/;4((,/~, _ l1:zM.<.t%,M,1. .:7;; , 198-1....:- Personally appeared the above named L//A,/v..fT 1: p' '-;J);'/j{./.f/,l6.." who acknowledged the foregoing instrument to be! their voluntary a '. ~fore me: ~~f/tt--?-: Y{;"~Ld/7[.d N~i:~ Publ~,~r California . ~ . . . . . bmciALstAi.' : '~ IlManLY J. WOODlAND , , "NOTAlIT P\IlUC. CAU'0RNI0\ . lWoSTA COlMY ; _ .' _ . ~:",:",~~"~1~10:1~3> My Commission expires ? //~/'7~ :? Site Plan Development Agreement 2 " . . ) \/;27-6"'1 Date CITY \ .. BY: ~,!JZ.f >~ \j~\ D~:rlO~ ~ode Administrator STATE OF OREGON, County of ~,: AJ~V~/.1i\r?? ~, 198<7. Personally appeared the above named &n?,....,7:.oR1 s/,,-,c'rr ,who acknowledged the foregoing instrument to . / ' be their voluntary act. Before me: ~, ~ ~ Notary Pu~~.c7 f@ Oregon ' My Commission expires J - "t'-' ~ 9'2. .' Site Plan Development Agreement 3