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HomeMy WebLinkAboutMiscellaneous PLANNER 6/28/2007 f/ , ' ;' i MINIMUM DEVELOPMENT STANDARDS DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement", IS entered mto this _ day of ,2007 (the "EffectIve Date") by and between the CITY OF SPRINGFIELD, heremafter "City", and Todd Maish and Steve White, heremafter "Owner", 10 accordance WIth SectIOn 31010(5), and SectIon 3 070(3) RECITALS WHEREAS, on the I st day of June, 2007, the City approved the MIOlmum Development Standards ApplIcatIOn submItted by the ApplIcant for the purpose of the followmg CITY JOURNAL NUMBER DRC2007-00032, Type I Mmlmum Development Standards for a change of use from a smgle family reSidence to a tax preparatIon and bookkeepmg service at 5112 MalO Street WHEREAS, 10 conSideration for a Type I Mmlmum Development Standards ApplIcatIon approval, the Issuance of a BUlldmg PermIt, and the Issuance of an Occupancy Permit, as speCIfied 10 the Sprmgfield Development Code SectIOn 31 090, ApplIcant/Owner agrees to comply WIth all of the standards 10 the Spnngfield Development Code and the Spnngfield MUOlclpal Code which may be applIcable to thiS development project unless modified or excepted by the MIOlmum Development Standards Development Agreement, Development Services Director, Planmng CommISSion, Bmldmg OffiCial or theIr agents, or the FIre Marshall, which modifications or exceptIOns shall be reduced to wntmg WHEREAS, 10 conSIderatIon for Mmlmum Development Standards approval, the Issuance of a Bmldmg Permit, and the Issuance of an Occupancy Permit, as speCified 10 the Spnngfield Development Code SectIon 31 010(5), ApplIcant/Owner agrees to comply With the followmg speCIfic conditions Imposed by the City as part of the MIOlmum Development Standards approval All Improvements must be constructed/mstalled or bonded as shown on the Fmal Plot Plan dated June 25,2007 2 All conditions speCified 10 the Notice of DeCISIon, dated June 1,2007 must be fulfilled pnor to the Issuance of a Fmal Occupancy Permit THEREFORE IN CONSIDERA nON OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMEN1, CITY AND APPLICANT AGREE AS FOLLOWS 1 FINAL PLOT PLAN The ApplIcant has submitted a Fmal Plot Plan 10 accordance With SectIOn 31 010(5) of the Spnngfield Development Code 2 STANDARDS The ApplIcant/Owner agrees to fulfill all applIcable standards speCIfied 10 the Spnngfield Development Code and the speCific standards lIsted 10 the RECITALS prIor to the Development Agreement Journal Number DRC2007-00032 Page I of3 Date ReceIved 0/ n lor- Planner LM , occupancy, unless ccrtaIn conditIons have been deferred to a later date 10 accordance with SectIOn 31 0 I 0(5)(b) and Section 31 110 of the SprIngfield Development Code 3 CONDITIONS The ApplIcant/Owner agrees to fulfill all speCific conditions of approval reqUired by the City lIsted In the RECITALS pnor to occupancy, unless certaIn conditIons have been deferred to a later date In accordance With SectIon 31 0 I 0(5)(b) of the SprIngfield Development Code 4 MAINTAINING THE USE The ApplIcant/Owner agrees to the follOWIng (a) The property shall be maIntaIned In accordance WIth the provISIons of the Sprmgfield Development Code In order to contInue the use (b) OIl/water separator catch baSInS, If approved by the City, and other draInage systems are reqUired to be checked and cleaned to remove pollutants as needed (at least once a year, usually In September) All waste matenal must be disposed of In a lawful manner The ApplIcant/Owner must document these maIntenance activities and have thc documents aVailable on site for the CIty of SprIngfield to mspect and revlCw 5 [n 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 Ordmances), ApplIcant/Owner agrees the City may enforce ApplIcant/Owner's responsibIlities by WithholdIng ApplIcant's FInal Occupancy Permit, and tenmnatIng any Temporary Occupancy Penmt which may have been granted 6 Any FInal MInimum Development Standards approval becomes null and VOId If constructIOn does not commence WithIn 90 days of the date of the agreement, unless proVISions have been made as per Article 31 010(5) of the Spnngfield Development Code IN WITNESS WHEREOF, the Owner and City have executed thiS Agreement as of the date first herem above wntten I ' :" /7 ~ II..'I Date OWNER(S) ;J ;J By--d:Ji0'-41 ~ -- -- .-- - STATE QF ~V.t4li r1 , County of /APiU;::; , Lil ,..-n 20lh Before me appeared fiOkz"j/ tAl fJ J S,11) , who bemg sworn did say that they arc the Owner(s) of Lost ~\Iey tax, and that the seal affixed hereto IS ItS seal, and that thiS Instrument was voluntanly Signed and sealed m behalf of the corporation by authonty of ItS ri,~_:.~_a~d~:I:::~:~o:_m~" k! L; - OFFICIAL SEAL 1(: iIlk BRENDA JONES . . NOTARY PUBLIC OREGON I Notary PublIc for - &f fjYfJ~ , COMMISSION NO 379218 ~ u t.. ....-1',,~~l~IS~;;?~gl~E~~~.o My CommiSSIon expIres -1'J;UltA- '11. '.fM I Development Agreement IJ I I Journal Number DRC2007-00032 to ) ~ 0 r Page 2 of3 Date Received Planner. LM I " 0/.)6'/0 -; Date OWNER(S): BYv/~'~ STATE QF t)vt;J.bt~ . County of ~ . 10 '1/~ 20tl7 Before me appeared IIUA-01. !p-J1Jk./ . who beIng sworn dId say that they arc the Owner(s) ofL~ey Tax, and that the seal affixed hereto IS Its seal, and that this Instrument was voluntarily sIgned and sealed In behalf of the corporatIon by authOrity of ItS Board of DIrectors before me .d. fl. r~1 .)I;;d . . ~;~:J- Not~ry PublIc for .A~ OJ! ()y~ NOT~RYPUBL\C.ORcG'8 !){';fl v u ./ . '" COf'M\SS\~~~~E~7~y 27, 2008 My CommIssIon eXPlres~h ,1 ?aU MY COMM\S?I<:>~_",,",;>-_''''' ..17 <. <;;--~--~ ....... ~~:>-,:->--.,.- jg IIS}~Y Date CITY 2 ' BY -r lL~(jlltA / 1M {111!l~ STATE Of OREGON, County of Lane , i i/.fU n ,2007 I'ersonally appeared the above named fjlf-a./Y}U J1If.i?!LiI ,who acknowledged the foregOIng mstrument to be their voluntary act Before me ~k Notary PublIc for 0"re'g6 My CommISSIOn expIres ~ ~.~Y ,'1~~~-~' ':o;Fi;AL~~~~.':._--' ~. BRENDA JONES . '~I'i1 NOT~RlPUBL\C,OREGON " Ii COMMISSION NO 379218 'I ~ "",};. ~~~~~~~l~~_E~~~~ Development Agreement Journal Number DRC2007-00032 Page 3 of3 Date Received. ~ Ilt O}/ Planner. LM . ~ AFFIDAVIT OF SERVICE STATE OF OREGON } }ss. County of Lane } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows 1 I state that I am a Secretary for the Planning DIVIsion of the Development Services Department, City of Spnngfield. Oregon 2 I state that In my capacity as Secretary, I prepared and caused to be mailed copies of Notice of Decision for DRC2007-D0032Lost ValleyTax (See attachment "A") on June 1, 2007 addressed to (see Attachment "B"), by causing said letters to be placed In a U S mall box with postage fully prepaid thereon tJ. fA Brenda ~ Planning Secretary STATE OF OREGON, County of Lane ::s- U~ \ , 2007 Personally appeared the above named Brenda Jones, Secretary, who acknowledged the foregOing tnstrument to be their voluntary act Before me ,~ -= ~ ~ 'e ~ - ~ -::O!FrciAL~'SEAl ~ -::- ~ ~f , ~,.\.. REBEKKAH R KEHM ; , 'r ~ NCY'"NI'l' ':>l.Hl!C I}HE:bO:~ , , ... ~~ -~ ("\)\11 lie: )lt1r T i! I..F"J f _~_,_.._.._........,'~ ,II ~.'I.~.lJ"'12nJl~ - -, - -..:...- ,._,........~ ~ rl- t~ My Commission Expires .;l ..;}1 I ( . wI LUrr- Date ReceIVed.- Planner LM