HomeMy WebLinkAboutPermit Miscellaneous 1990-9-11
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THIS q DEVELOPMENT AGREEMENT, hereinafter "Agreement", is en tered in to this
day of l-b'te') '\0 ,1990 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "Ci ty", and ~\C::tt-{ '>i\)~\..~ e~ ~<>\J4.'f:-\L'-{ ~ ~,C-l ,
hereinafter "Applicant", in accordance with Section 31.090, and Sectio^ j.~70(3),
3.080(3), 3.090(3), and 3.100(3).
SITE PLAN REVIEW DEVELOPMENT AGREEMENT
i 900 ,V{tlVLO (0''-
RECITALS
WHEREAS, on the 11th day of September, 1990, the City approved the Final Site
Plan Application submitted' by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 90-08-129. Type II Site ~lan requesting approval for the
construction of a Carl's Jr. restaurant -and parking on a vacant pad which was
approved as' part of the Phase'I Mohawk Market place Site Plan approval in 1989. The
property is located on the northeast corner of North 19th Street and Marcola Road
(Assessor's Map 17-03-25-13; Tax Lot 400). The property is zoned Community
Commercial (CC); the Metro Plan designation is Community Commercial. The restaurant
and parking lot are permitted in the CC 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 Spr~ngfield Municipal Code which may be
applicable to this development project unless'modified or excepted by the Site Plan
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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.
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 the following
specific conditions imposed by the City as part of the Site Plan approval:
1. Except as may be modified in #2 below, all improvements must be
constructed/installed as shown on the Final Site Plan dated August 10, 1990.
2. A revised irrigation plan is required for the interior of the parking lot prior
to final occupancy.
3. A joint use agreement is required which addresses ingress/egress, parking (only
25 parking spaces are now shown - 29 are required), and the trash container which
still straddles the lease line prior to final occupancy.
4. A copy of the deed is required prior to final occupancy.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART
OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS:
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AGREEMENT
Site Plan Development Agreement
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1. FINAL SITE PLAN. The applicant has submitted a Final
accordance with Section 31.080 of the Sprinkfield Development Code.
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Site Plan
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2. STANDARDS. The applicant agrees to fulfill all applicable standards
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specified in the Springfield Development ~ode 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 tqe Springfield Development Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of
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approval required by the City listed in RECITALS prior to occupancy, unless certain
conditions have been deferred to ~ later date in accordance with Section 31.040(4)(b)
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of the Springfield Development Code.
4. MODIFICATIONS. The applicant ag~ees not to modify the approved Final Site
Plan without first notifying the City. Modifications to the Final Site Plan shall be
re~iewed in accordance with Section 31.100 o;f the Springfield Development Code.
5. MAINTAINING THE USE. The applican,t agrees to the following:
(a) The building and site shall be maintained in accordance with the
provisions of the Springfield De~elopment 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.
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(c) Parking lots shall be maintained by the property owner-or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall be
improved to maintain conformance with these standards.
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(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
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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 I 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
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commence within one year of the date of this 'Agreement.
IN WITNESS WHEREOF, the Applicant and the Cit:y have executed this Agreement as of the
date first hereinabove written.
APPLICANT
Site Plan Development Agreement
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Da t~!-II/-90
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~ BY:
~ATE OF OREGON, County o~~ ~
'" . II, , 1990~~nally appeared the above named
~~~LL1 , ~ho acknowledged the foregoing instrument to
e t eir volunt4ry act. Before me: ~~r\JJ72AYJ~
1Jiy PUbl(f~&~egon
My Commission eXPires~~~
CITYW~ _ ;
BY: ~ ~k
~19~erit~de Administrator
:y
0;- 28
Date
9..-;
STATE OF OREGON, County of
.<:..0 !O + . 2. S(, 1990.
(.;Q ~c...:- VCi 1/ 0
be the{k volun\ary act.
L~? '0()
Personally appeared
, who acknowledged
Before me:
the above named
the foregoing instrument to
~tY~~.
Notary Public for Oregon ,
My Commission expires {; 2f'o-Cj'i
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Site Plan Development Agreement
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