HomeMy WebLinkAboutAgreement APPLICANT 3/19/2007
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. 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.
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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
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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
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STATE OF OREGON, County of >:/!, ~ .
N.Yt Iq( , 2007, Personally appeared the above named
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act. Before me:
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:.' , - OFFICIAL SEAL :
'; PAULA DION-WAlSON I
: " ./ .NOTA, fly PUBLIC-OREGON: '
I "./ COMMISSION NO, 371123 3
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Notary Public for Oregon
My Commission expires, '73 I ~D-7
*5-2-0-tJ7
CITY
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STATE OF OREGON, County or:t1tJ J.1/...-.
~ dO-t::t ,2007, p:s/naIlY appeared the above named
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, who acknowledged the foregoing instrument to be his/her
voluntary act. Before me:
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. (I) , OFFICIAL SEAL
1/ NANCY MACHADO j
- ~' \. ./ NOTARY PUBLIC. OREGON ,
" ... COMMISSION NO, 380103 I
MY COMMISSION EXPIRES JUNE 18, 2008 f
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u lic for Oregon "
ission expires J~ J ;; ;;)()b8'
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