HomeMy WebLinkAboutMiscellaneous Specifications 1992-10-26l4tq irir,l^,,*Bt,J, \
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SITE PLAN REVIEW MODIFICATION - DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this Zt,day of
October, 1992 (the "Effective Dat.e") by and between the CITY OF SPRtNGFIELD,
hereinafter "City", and t<,.'.i ,.- i\i',1c. / ,) hereinafter "Applicant", in accordance with
Section 31.100, and Section'3.070(3), 31080(3), 3.090(3) and 3.100(3).
REClTALS
WHEREAS, on the 23rd day of October,1992, the City approved the Final Site Plan
Modification Application submitted by the Applicant for the purpose of allowing:
CITY JOURNAL NUMBER 92-10-i95. Type lSite Plan Modification requesting approval
for installation of ten (10) additional parking spaces and replacement landscaping. The
property is located at 1939 Mohawk Boulevard, (Assessor's Map 17-03-25-24; taxlot
5500). The property is zoned Community Commercial and is also designated for
commercial use in the Metropolitan Plan.
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 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, Building Official or their
agents, or the Fire Marshall, which modifications or exceptions shall be reduced to writing.
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.
2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to
the occupancy, unless certain conditions have been deferred to a later date in accordance
with 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 the RECITALS prior to occupancy, unless certain conditions
have been deferred to a later date in accordance with Section 31.110 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'
Site Plan Development Agreement
Page 2
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) lt 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. ln addition, plantings in the vision clearance
area shall be trimmed to meet the 2 1 l2 f oot height standard in accordance with Section
32.O7O of the Springfield Development Code. ln the event that the property is no longer
leased by Covalt Enterprises,lnc., landscaping maintenance by Covalt Enterprises, lnc. will
not be required.
(c) Parlcing 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.
(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. ln 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 ,ry "niorce
Applicant;s responsibilities by withholding Applicant's Final
O-ccupancy Permit, and terminating any Temporary Occupancy Permit which may have
been granted.
7. Any Final Site Plan approves becomes null and void if construction does not commence
within two years of the date of the agreement'
Site Plan Development Agreement
Page 3
lN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
date first hereinabove written.
APPLICANT
D/zo/qz BY
Date
BY
STATE OF OBEGON, CountY of
1992. Personally appeared the above named
, who acknowledged the foregoing in strument to be their
voluntary act. Before me:
(:.L
/.-_,' i ,, .,
Notary Public for Oregon t ()'
.:
My Commission exPires
L-L
c.#3
STATE O F OREGON, CountY of
1gg2. PersonallY aPPeared the a bove named
who acknowledge d the foreg oing instrument to be their
voluntarY act. Before me:
Notary Public for Oregon
My Commission exPires
BY
CtTY