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HomeMy WebLinkAboutBuilding Miscellaneous 1989-3-13 :.'> ., ~ .. .. MODIFICATION OF SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS~VELOPMENT AGREEMENT, hereinafter "Agreement", is enterea into this j3~ aay of , 1989 (the "Effecti ve Date") by ana between the C I I Y ur SPRINGFI , er~ter "City", ana GOOD NEIGH80R CARE CENTER (Daniel Dessler), hereinafte'r. "Applicant", in accoraance with Section 31.090, ana Section 3.070(3), 3.080(3), 3.090(3), ana 3.100(3). REC ITALS WHEREAS, on the 6th aay of March, 1989, the City approvea the Final Site Plan Application submittea by the Applicant for the purpose of allowing: aaaitional lanascaping, a movable fence ana gate ana movable oec~ D' hanarail to be locatea in City right-of-way as approvea throug Use Permit ana Agreement aatea January 28, 1988. Journal Number 89-02~29. L atea at 5706 Daisy Street, Springfiela, Oregon. " This Development Agreement moaifies Site Plan Development Agreement Journal Numbers 87-08-125 ana 87-08-126, County Recoraing Number 8805616. WHEREAS, in consiaeration for Site Plan approval, the issuance of a Builaing . Permit, ana the issuance of an Occupancy Permit, as specifiea in the Springfiela Development Coae Section 31.090, Applicant agrees to comply with all the stanaaras of the Springfiela Development Coae ana Springfiela Municipal Coae which may be applicable to this aevelopment project, incluaing but not limitea to, the following: construction to be in accoraance with the Springfiela Builaing Safety Coaes. WHEREAS, in consiaeration for Site Plan approval, the issuance of a Builaing Permit, ana the issuance of an Occupancy Permit, as specifiea in the Springfiela Development Coae Section 31.090, Applicant agrees to comply with the following specific conaitions imposea by the City as part of the Site Plan approval: The use of this right-of-way is subject to the conaitions of the Use Permit Ana Agreement signea aatea January 28, 1988, County Recoraing Number 8805618. Site Plan Development Agreement 1 .. .. " .,. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: AGREEMENT 1. FINAL SITE PLAN. The applicant has submittea a Final Site Plan in accoraance with Section 31.080 of the Springfiela Development Coae. 2. STANDARDS. The applicant agrees to fulfill all applicable stanaaras specifieain, the' Springfiela Development Coae ana the specific stanaaras listea in RECITALS 'prior .to occupancy, unless certain stanaaras have been aeferrea to a later . aate in accoraance with Section 31.110 of the Springfiela Development Coae. 3. CONDITIONS. The Applicant agrees to fulfill all specific conaitions of approval requirea by the City listea in RECITALS prior to occupancy, unless certain conaitions have been aeferrea to a later aate in accoraance with Section 31.110 of the Springfiela Development Coae. 4. MODIFICATIONS. The applicant agrees not to moaify the approve a Final Site Plan without first notifying the City. Moaifications to the Final Site Plan shall be reviewea in accoraance with Section 31.100 of the Springfiela Development Coae. 5. MAINTAINING THE USE. The applicant agrees to the following: (a) The builaing ana site shall be maintainea in accoraance with the provisions of the Springfiela Development Coae in oraer to continue the use. (b) It shall be the continuing obligation of the property owner to maintain the planting requirea by Section 31.140 of the Springfiela Development Coae in an attractive manner free of weeas ana other invaaing vegetation. In aaaition, plantings in the vision clearance area shall be trimmea to meet the 2 1/2 foot height stanaara in accoraance with Section 32.070 of the Springfiela Development Coae. (c) Parking lots shall be maintainea by the property owner or tenant in a conaition free of' litter or aust, ana aeterioratea pavement conaitions shall be improvea to maintain conformance with these stanaaras. (a) Unaevelopea lana within the aevelopment area shall be maintainea free of trash ana storea materials in a mowea ana attractive manner. Unaevelopea lana shall not be usea for parking. 6. In aaai ti on to all other remeai es whi ch may be provi aea by 1 aw or equi ty . (incluaing but not limitea to penalties proviaea by applicable state law or city orainances) Applicant agrees that City may enforce Applicant's responsibilities by withholaing Applicant's Final Occupancy Permit, ana terminating any Temporary Occupancy Permit which may have been grantea. Site Plan Development Agreement 2 .. ~ .. .. 7. Any Final Site Plan approvea becomes null ana voia if construction aoes not commence within one year of the aate of this Agreement. IN WITNESS WHEREOF, the Applicant ana the City have executea this Agreement as of the aate first hereinabove written. "?/ID/81 uaj I APPLICANT /7 /l/,7. BY: /~I{!/IA " BY: . ~" p~); .' STATE OF OREGON, County of ~~~ . ,198~:--trersonallY appearea the above namea . 4fet .A€:";v...r ' who acknowleagea the foregoing instrument to be t elr voTUmitary act. ~etore me: ~ ,~ Notary ~ tor ~ My Commission expires ~~/o/'.?- CITY 3 / IJ I 69 uate BY:~~k- u~I~~oai'J\~~nl~trator STATE OF OREGON, County of ~~~ .~CI1 . ./3 . 198.1-. PerSOnally appearea the above namea ~OJQ) S I""tqf , who acknowleagea the foregoi ng instrument to De tnelr vOluntary ,act. ~etore me: , c- ~~ Notar~or Oregon My Commission expires J -Lf- '12. Site Plan Development Agreement 3