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HomeMy WebLinkAboutAgreement APPLICANT 3/19/2007 , , .../ ..;.;.~...... , .-, \ . RECITALS WHEREAS, on the 16th day of March, the City approved the Final Site Plan Appli~ation submitted by the Applicant .fo~:the purpose of the following: . CITY JOURNAL NUMBER DRC2007-00010 Type.1I Site Plan Application requesting approval for a Site Plan as submitted to the Springfield. Planning Division on February 7th, 2007 for property located at 1457 G Street, Assessor's Map 17~03-36-22 TL 6800 & .7000 in Springfield, Oregon. This approval is limited to construction of anew 10,299 square foot Radiation Center Building (including'adoctors' office) and associated improvements (parking areas, bio-swales, landscape planting and lighting) and other infrastructure. .' WHEREAS, in consideration for Type II 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. 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 the following specific conditions imposed by the City as part of the Site Plan approval: 1. All improvemerits must be constructedlinstalled as shown on the Final Site Plan and approved construction plans prior to the final building inspection. . 2. All conditions of site plan approval Jo. No~ DRC2007 -00010 must be met. 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 apPlicablrnafi9jlr~S~ifi~d lED in the Springfield Development Code and the specific standards lis1f01if!'t"t/:)Il~G.(J;b.aSV ~ :-~ fr_ I" -... . . 3-1 q - D<)--"'<<=~ Bv~ ~!' . 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. 5. MAINTAINING THE USE. The Applicant agrees to.thefollowing: a. The buildings and site shall be maintained in accordance'with the . provisions of the Springfield Development Code in order to continue use. b. It shall be the continuing obligation of.the property owner to maintain the planting required by Section 31.1400fthe Springfield Development Code in an attractive manner free of weeds and other invading . vegetation. c. Undeveloped land within thedevelopment'area shall be maintained free of trash and stored materials 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 these standards. 6. 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), Applicant agrees' the City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have'been granted. 7. Any Final Site Plan approved becomes null and void if construction does hot commence within two years of the date of the agreement.. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT ~1l"l. \01 B~~ I . . - . -:--~ By::! ~~ --h\' z::r""'~0' . . Date ..... '.' 2 :1 STATE OF OREGON, County of >:/!, ~ . N.Yt Iq( , 2007, Personally appeared the above named /~ ~ 17 ~ . who acknowledged the foregoing instrument to be their act. Before me: ~~~ U",~'.. _____, _..:__.......-....'""'-~'"_...:_____,..,. :.' , - OFFICIAL SEAL : '; PAULA DION-WAlSON I : " ./ .NOTA, fly PUBLIC-OREGON: ' I "./ COMMISSION NO, 371123 3 : ~ ~!~()~~s;~~ ~:~~~S_~U_G_~:.~~~_,!l Notary Public for Oregon My Commission expires, '73 I ~D-7 *5-2-0-tJ7 CITY BY:CV~~ Date,;", . "~ STATE OF OREGON, County or:t1tJ J.1/...-. ~ dO-t::t ,2007, p:s/naIlY appeared the above named JjMD !2~OI2- , who acknowledged the foregoing instrument to be his/her voluntary act. Before me: 'Il'c..:... ..--'-----------~ I. . - - - - -, . (I) , OFFICIAL SEAL 1/ NANCY MACHADO j - ~' \. ./ NOTARY PUBLIC. OREGON , " ... COMMISSION NO, 380103 I MY COMMISSION EXPIRES JUNE 18, 2008 f ----------.. --:-----........J lrhado u lic for Oregon " ission expires J~ J ;; ;;)()b8' My 3