HomeMy WebLinkAboutPermit Miscellaneous 1990-8-24
SITE PLAN REVIE~ DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this q-
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day of .~ -1 ;- 1,-.:;"d1990 (the "Ef.,~~ctive Date") by and between the CITY OF
SPRINGFIELD, hereinafter "Ci ty", and -.J5ofJ.;CJ{90 1 '4 C,'
hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3),
3.080(3), 3.090(3), and 3.100(3).
RECITALS
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_ ~HEREAS, on the 10th day of August, 1990, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 90-07-105. Type II Site Plan requesting approval to construct a
parking lot containing 32 parking spaces. The property is located on the east side
of South 2nd Street between South C and South D Streets Assessor's Map# 17-03-35-33,
Tax Lots 2300 and 2400. Both lots are zoned Light Medium Industrial (LMI); the Metro
Plan designation is Light-Medium Industrial. A parking lot is a permitted use in the
LMI District.
'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 unless modified or ~xcepted 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.
~HEREAS, 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 Site Plan
dated August 10, 1990.
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THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS 'WHICH ARE EXPRESSLY MADE A PART
OF THIS AGREEMENT, CITY AND APPLICANT ,AGREE AS FOLLO'WS:
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 31.110 of the Springfield Development Code.
3.
approval
CONDITIONS. The Applicant agrees to fulfill all specific conditions of
required by the City listed in RECITALS prior to occupancy, unless certain
Site Plan Development Agreement
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conditions have been deferred to a later date in accordance with Section 31.040(4)(b)
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 own~r 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 Gity
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.
STATE OF
OREGON, County of
, 1990.
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voluntary act.
BY:
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Personally appeared
, who acknowledged
Before me:
APPLICANT
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be their
the above named
the foregoing instrument to
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Site Plan Development Agreement
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Date
STATE OF OREGON, County of
aualA~f:21../ , 1990.
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be-' the:lr voluntary act.
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Notary Public Ifor Oregon
.My Commission expires
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CITY c
BY: ~ / k
De'vel~nt-lode Administrator
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Personally appeared
, who acknowledged
Before me:
the above named
the foregoing instrument to
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Notary Public for Oregon
My Commission expires t ~,26 - q )/
Site Plan Development Agreement
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