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HomeMy WebLinkAboutMiscellaneous Specifications 1992-10-26l4tq irir,l^,,*Bt,J, \ tl'dJ^r-* F; lu 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