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HomeMy WebLinkAboutAgreement APPLICANT 7/13/2007 ~~<. F.o. ,. ,.I ,,-' .> . MINIMUM DEVELOPMENT STANDARDS DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this r;~y.of July, 2007 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and Haydai Investments, LLC, hereinafter "Owner", in accordance with Section 31.010(5), and Section 3.070(3). RECITALS WHEREAS, on the 29th day of June, 2007, the City approved the Minimum Development Standards Application submitted by the Applicant for the pu;pose of the following: CITY JOURNAL NUMBER DRC2007-00036, Type I Minimum Development Standards for a change of use and addition to a commercial building with associated landscaping and improvements at 722 South "A" Street. . WHEREAS, in consideration for a Type I Minimum Development Standards Application approval, the issuance of a Building Pemlit, and the issuance of an Occupancy Pemlit, as specified in the Springfield Development Code Section 31.090, Applicant/Owner 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 Minimum Development Standards Development Agreement, Development Services Director; PlaI1l1ing Commission, Building Official or their agents, or the Fire Marshall, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for Minimum.Development Standards approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.0 I 0(5), Applicant/Owner agrees to comply with the following specific conditions imposed by the City. as part of the Minimum Development Standards approval: . I. All improvements must be constructedlinstalled or bonded as shown on the Final Plot Plan dated July 10,2007. 2. All conditions specified in the Notice of Decision, dated June 29, 2007 must be fulfilled prior to the issuance of a Final Occupancy Permit. THEREFORE IN CONSIDERA nON OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with Section 31.010(5) of the Springfield Development Code. 2. ST ANDARI?S. The. Applicant/Owner 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 31.01O(5)(b) and Section 31.110 of the Springfield "Development Code. ~> Development Agreement Journal Number DRC2007-00036 Page I aD Date Received: '/ Ii "J lor Planner: LM ~ , ,I 3. CONDITIONS. The Applicant/Owner 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 31.01O(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 Springfield Development Code in order to ~ontinue 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 material must be disposed of in a lawful maI1l1er. The Applicant/Owner must document these maintenance activities and have the documents available on site for the City of Springfield to inspect and review. 5. In addition to all other renledies which may be provided by law or equity (including but not limited to penalties provided by applicable State L?w or City Ordinances), Applicant/Owner agrees the City may enforce Applicant/Owner's responsibilitie.s by withholding Applicant's Final ~)ccupancy Permit, apd terminating any Temporary Occupancy'Permit 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 31.0 I 0(5) of the Springfield Development Code. IN WITNESS WHEREOF, the Owner and City have executed this Agreement as of the date first herein above written. ::E;._ ;v'r~ J STATEOF @/U~ ,countYOf~k". .' cJlj.1 ,/-:;>-1/--- 20ro. Before me appear~d~ ,q /'!.2:i-v<D./jY . ,who being srf,Pm did say that they are the Representative(s) of Haydai Investments, LLC, 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. . ~ ,--.-.-.-.-."---. ...,.."...,,-_...~. ~. ~ . OFFiciAL SEAL ... - -'t . ~ :' NANCY MACHADO j ~' \.. ./ NOTARY PUBLIC, OREGON j Not ry Pu '. COMMISSION NO. 380103 j < _ _ __"::. COMMISSI?~ EXPIRES JUNE 18, 2008 , .~..:::?-:=,:-,,;:';..:::::;;:::::;..::~..:,~...~------' /uL~ /~. &ate' !f ,;(PO 7 '7xttJ-Mo ({}J,p~ lOn expires cd f.J...Av-/ / J'"; ~ogy Development Agreement Journal Number DRC2007.00036 Page 2 of3 . Date Rec;eivoo:1/'l 117--- Planner: LM .. '; . ,J ~(D} Date CITY I! . ' BY: 'fJJ1u{UJI\ ~a1 ~'~#A \ ./ STATE O\flREGON,CountyofLane . ~J~/.J ,2007.. Personally appeared the.above named ?!.ir ". m I17JJB1e ,who acknowledged the foregoing instrumerit to be their voluntary act. efore me: '- r.--~----0FFIC;ALSEM:T~--__L~~' ". h} ~/1A(lcA /l/JI d I) . '. NANCYMAC~' '" /\. r I( . L.(. f "~ \ .' NOTARY PUBLIC-OREGON I o\ary P blf for Oregon 11 '. ,.- COMMISSiON NO. 380103 j I I . I . :~__~C_?~~::~,R~S:~~~OO~~ MYCoC/SioneXPires_UluJ /K;dfJ1 ( Development Agreement Journal Number DRC2007-00036 Page 3 of3 Date Received:] n/O y- Planner: LM