HomeMy WebLinkAboutPlan Review Miscellaneous 1989-11-15
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SITE PLAN REVIE~ DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this I':' -
day of Iv':J';"v>C.,.s:r;: , 1989 (the "Effective Date") by and betveen the CITY OF
SPRINGFIELD, hereinafter "City", and the Springfield Public ~orks Department and
Springfield School District 19, hereinafter "Applicant", in accordance vith Section
31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3).
RECITALS
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~HEREAS, on the 20th day of October, 1989, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of alloYing:
CITY JOURNAL NUMBER 89-08-139. Type I Site Plan requesting approval to construct a
municipal fuel facility vith paving, drainage, tanks, dispensers and canopy. The
site is located at 3585 Marcola Road. (Assessor's Map 17-02-30-00; Tax Lot 1939).
~HEREAS, 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 vith all the standards of
the Springfield Development Code and Springfield Municipal Code vhich may be
applicable to this development project unless modified or excepted by the Site Plan
Reviev Development Agreement, Planning Director, Planning Commission, Building
Official or their agents, or the Fire Marshal, vhich modifications or exceptions
shall be reduced to vriting.
~HEREAS, 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 vith the folloving
specific conditions imposed by the City as part of the Site Plan approval:
a. All improvements must be constructed/installed as shovn on the Final Site
Plan dated 10/20/89.
b. Any modification of the Final Site Plan must be approved by the City.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS ~HICH ARE EXPRESSLY MADE A PART
OF TIll S AGREEMENT, CITY AND APPLICANT AGREE AS FOLLO~S:
AGREEMENT
1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in
accordance vith Section 31.080 of the Springfield Development Code:
2. STANDARDS. The applicant agrees to fulfill all applicabie standards
specified in the Springfield Development Code and the specific standards listed in
RECITALS .prior to oc~upancy, unless certain standards have. been deferred, to a later
date in accordance vith 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 RECITALS prior to occupancy, unless certain
conditions have been deferred td a later date in accordance vith Section 3l.040(4)(b)
Site Plan Development Agreement
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of the Springfield Development Code.
4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site
Plan vithout first notifying the City. Modifications to the Final Site Plan shall be
revieved in accordance vith Section 31.100 of the Springfield Development Code.
S. MAINTAINING THE USE. The applicant agrees to the folloving:
(a) The building and site shall be maintained in accordance vith the
provisions of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property ovner to
maintain the planting required by Section 31.140 of the Springfield Development Code
in an attractive manner free of ~eeds and other invading vegetation. In addition,
plantings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height
standard in accordance vith Section 32.070 of the Springfield Development Code.
(c) Parking lots shall be maintained by the property
condition free of litter or dust, and deteriorated pavement
improved to maintain conformance vith these standards.
ovner or tenant in a
conditions shall be
(d) Undeveloped land
of trash and stored materials
shall not be used for parking.
vi thin the development area shall be maintained free
in a moved and attractive manner. Undeveloped land
6. In addition to all other remedies vhich may be provided by lav or equity
(including but not limited to penalties provided by applicable State Lav or City
Ordinances), Applicant agrees that City may enforce Applicant's responsibilities by
vithholding Applicant's Final Occupancy Permit, and terminating any Temporary
Occupancy Permit vhich may have been granted.
7. Any Final Site Plan approved becomes null and void if construction does not
commence vi thin one year of the date of this Agreement.
IN VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove"vritten.
I i 1t:5 !g<l
Date
APPLICANT
BY: S~i~ 11,\. l~~l~xr-
.,";...(~,;..~ /1 r~.. ,_-7/
'be their voluntary act.
STATE OF OREGON, County of
N (, L/ I ,:;- , 198 L.
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Personally appeared the above named
, vho acknovledged the foregoing instrument to
Before me:
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Notar~Zic Oreg~
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My"CommJ sion expires "7/1 :;
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Site Plan Development Agreement
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Date
APPLICANT
&a~
BY:
--e?~
G, ,~I\..f,'kAlMJ
STATE OF OREGON, County of
~cV~fI,!;Q ,"7 ,198:L.
J)q"J r-:;; /!;,{2oi-v,.J
be their voiuntary act.
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Personally appeared the above named
, who acknowledged the foregoing instrument to
Before me:
Notary
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Pu~ f'orllfegon
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My Commission expires
II !\//tl"l
Date
CITY
BY:0-.0(1t<'H~~ -
~~~de Administrator
STATE OF OREGON, County of L.I/I'J~
N~V~IJ~ )'7 . 198~. Personally appeared the above named
~ ~ A4~lr , who acknowledged the foregoing instrument to
be their voluntary act. Before me:
~~
NotarY~c...fur-Oregon -
My Commission expires .1 - 4- - 9' I
Site Plan Development Agreement
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