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HomeMy WebLinkAboutMap APPLICANT 12/24/2005 ., , J- 1;:-'" L , DEVELOPMENT AGREEMENT SITE PLAN MODIFICATION This DEVELOPMENT AGREEMENT, hereafter "Agreement" IS entered Into this ~tfn1 day of P?ulJ11Clit/"", 2005 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and C j'1ltH1 bf v-S D.eu-t [() J;?in-errt (I r:1<tJ. hereinafter "applicant," in accordance with Section 31 090 and Sections 3.07b(3), 3.808(3}, 3.090(3} and 3.1 00(3} RECIT ALS WHEREAS, on the 2nd day of December, the City approved the Final Site Plan ApplicatIOn submitted by. the Applicant for the purpose of the following: CITY JOURNAL NUMBER DRC2005-00059, Minor Site Plan Modification Application requesting approval of modification of parkmg for phase II of Sports Way Business Park (DRC2002-05128) The property IS located between Sports Way and International Way (Assessor's Map 17-03-15-32, Tax Lots 200, 300'and 400). The property is zoned Community CommerCial (CC). WHEREAS, In consideration for Site Plan Modification 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 of the standards in the Springfield Development Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Agreement, Development Services Director, Planning Commission, Buildmg Official or their agents, or the Fire Marshall, which modifications o~ exceptions shall be reduced to writing. WHEREAS, In consideration for Site Plan Modification approval, the issuance of a BUilding Permit, and the Issuance of an Occupancy Permit, as specified in the Spnngfleld 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 Site Plan and approved public improvement and construction plans prior to the fmal building inspection. 2. All conditions of site plan approval must be met including recordation of any new easements shown on the Final Site Plan. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code. Sports Way Busmess Park , J '. 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified In the Spnngfleld Development Code and the specific standards listed in the RECITALS pnor to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31 .110 of the Spnngfleld Development Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECITALS pnor to occupancy, unless certain conditions have been deferred to a later date In accordance with Section 31.110 of the Spnngfleld Development Code. 4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan without first notifYing the CI1y l\!Iodlflcatlons to the Final Site Plan shall be reviewed in accordance with Section 31.100 of the Spnngfleld Development Code. 5. MAINTAINING THE USE. The Applicant agrees to the following: a. The buildings and site shall be maintained In accordance With the provisions of the Spnngfleld Development Code In order to continue 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. c. Undeveloped land Within the development area shall be maintained free of trash and stored matenals In a mowed and attractive manner. Undeveloped land shall not be used for parking. d. Parking lots shall be maintained by the property owner or tenant In a condition free of litter.:!., J.:rst,~d detenorated pavement conditions shall be improved to maintain dS~ormance With these standards. 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 the 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 two years of the date of the agreement. Sports Way Busmess Park 2 . . . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above wntten --- /;2 - :27 - o!J Date APPllCAN~ CivJ~ ~ .:i6p, By (~~~ ~ By: STATE OF OREGON, County of r-&l~ iJ-1 J-. q , 2005. Personally appeared the above named - ~/lJ ;( ~{!j rCLtr'yYl O'),.llCll];~'~~; acknowledged the foregoing instrument to be their volunt~y act. Before me: OFFICIAL SEAL STACIE AVERY NOTARY PUBLIC-OREGON COMMISSION NO 389956 MY COMMISSION EXPIRES MAY 2, 2009 _ tJ):fl{ jV · Notary Public for Oregon My Commission eXPires*!7J 9 CITY / //cJ job Date By: \;)wl ~~~ --..-/ .--/' STATE OF OREGON. County of , ~=:/ ID , 20a&. Personally appeared the above named (J. ~ ~ UJ11iY1~ ' who acknowledged the foregOing instrument to be his/her voluntary act. Before me: J AJttJJ v ~~:~~':'.:>~'<.1,,,,,. "~~-~ fj) OFFICIAL SEAL .'-' '1 (~{ I.; '" BRENDA JONES ) It} ~ ' NOTARY PUBLIC - OREGON 2\ "1 ", COMMISSiON NO 379218 iJ MY C(;MM(:fIOij EXPI!;?ES MAY 27, 200S II " : ,,~<:" A~:;'''_-::; ~ ~_" ~:;:~",:~-z.:';'s~S~.&:.-<::,-, "0~~........-,-..:...:'''''\ f~ Sports Way Busmess Park 3