The URL can be used to link to this page

Home My WebLink AboutAgreement PLANNER 8/22/2008 City of Springfield Development Services Department 225 Fifth Street Springfield, OR.9.7477 SITE PLAN REVIEW Development Agreement This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ~y of August, 200S (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and John Scott Carver, hereinafter "Applicant," in accordance with the Springfield Development Code, hereimifter "SDC" 5.17-140 and 5.1-130D. . RECITALS WHEREAS, on the Sth day of August, 200S, the City approved the Final Site Plan, hereinafter "SPR" application submitted by the Applicant for the purpose of the following: . , CITY CASE NUMBER DRC200S-00029, Type IISPR application, requesting approval for asphalt paving . around the existing building and related site improvements. The property is located at 3654 Kathryn Avenue in Springfield, Oregon (Assessor's Map 17-02-30-43, Tax Lot(s) 6400 & 6401). WHEREAS, in consideration for SPR application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.17-140, the Applicant agrees to comply with all of the standards in the SDC and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted by this Agreement, the Development Services Director, Planning Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be reduced to writing. . WHEREAS, in consideration for SPR approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.17-140, the Applicant has agreed to comply with the following specific conditions imposed by the City as part of the SPR approval: . 1. All improvements must be constructedlinstalled or bonded as shown on the Final Site Plan, dated August S, 200S. 2. All conditions as specified in the SPR DRC200S-00029 Decision, dated June 2, 200S must be fulfilled prior to issuance of the Final Occupancy Permi!. . THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with SDC 5.17-135. . 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.17-150. 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 SDC 5.17-150. 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 SDC 5.17- 14~' . Case No. DRC200B-00029 1012 I .' . 5. MAINTAINING THE USE. . The Applicant agrees to the following:. a. The buildings and site shall be maintained in accordance with the provisions of the SDC in ordert!, continue the use. . b. It shall be the continuing obligation of the property owner to maintain the planting required by the SDC in an attractive manner free of weeds and other invading vegetation. c. Undeveloped land within the development area, if any, shall be maintained free of trash and stored materials and kept in a mowed and attractive manner. Undeveloped land shall not be used for parking. d. Parking 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 the SDC. . 7. In 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), the Applicant agrees that the City may enforce the Applicant's, responsibilities bywithholding the Applicant's Final Occupancy Permit and . terminating any Temporary Occupancy Permit which may have been granted. S. Any Final Site Plan approved becomf3s null and void if construction does not commence within two years of the date of this Agreement. ' IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT / . '~JZ-I of Date By ~Ll (!~ STATE OF (' (l.)l~'\'I"T\ilA ,County of ~ e-y11 ffioviff1 August 2-f ,200S. Personally appeared the 'above named John Scott Carver, who acknowledged the foregoing instrument to be his voluntary act. Before me: r - - - - . . BRmANYTHORNTON l Comml..1on # 1787482 - a.. NotalY Publ1c - california I i sacramento county." I J ' Mteann.~[)OC~2('~ ~#GJuo'&~' ' Notary Public for --1.cL0" m M.P Y1-fn0:;u.l'\. ~, I"A- My Commission Ex\?ires \ 0- ~ d-~ CJO 11 CITY OF SPRINGFIELD 6/od I 0<6 Date . " rJ. STATE OF OREGON, County of Lane, August~200S. Personally appeared the above named Molly Markarian, Development Services Department Planner II, who acknowledged the foregoing instrument to be her voluntary act. Before me: r=-------oFFiCiAL;;C-----I)' j.. ,SANDRA MARX , I '\ ) NOTARY PUBLIC - OREGON j j ',.' COMMISSION NO. 385725 j j MY COMMISSION EXPIRES NOV. 12, 2008 , --------_._-------_._~ By:' ~ 6n MfJ Notary Public for Oregdn I My Commission expires /J!t2/20fJ~ I / Case, No. DRC2008-00029 ? nf?