HomeMy WebLinkAboutAgreement PLANNER 5/5/2009
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
MINIMUM DEVELOPMENT STANDARDS
Development Agreement,
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 'J-th day of May, 2009 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Rex Scoggins,
hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and
5.1-125.B.
RECITALS
WHEREAS, on the 5th day of May, 2009, the City approved lhe Minimum Development Standards, hereinafter
"MDS" application submitted by the Applicant for the purpose of the following: .
CITY CASE NUMBER DRC2009-00013, Type I MDS application, requesting approval of a martial arts
academy. The property is located at 2600 Main Street in Springfield, Oregon (Assessor's Map 17-03-36-41,
,
Tax Lot(s) 700 and 701). \
WHEREAS, in consideration for MDS application approval: the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.15-125, 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 MDS approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.15-125, theApplicant has agreed to comply with the following
specific conditions imposed by the City as part of the MDS approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated May
5, 2009.
2. All conditions as specified in the MDS DRC2009c Decision, dated May 5, 2009 must be fulfilled prior to
issuance of the Final Occupancy Permit.
3. No building or structure shall be occupied until all improvements are made as specified in this Section,
unless otherwise permitted in Section 5.17-150.
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 PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125:
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.ofappr,o,!?1 X~qhlir.!ld 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. ' . / /
Date Received: 5" 5'IOCJ
Planner:: T J
4. MODIFICATIONS. The Applicant agrees not to modify the apprc ~ed Final Plot, Plan without first
. notifying the City.
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5. MAINTAINING THE USE. The Applicant agrees to the following:
a. The buildings and site shall be maintained in accordance witt the provisions .of the SDC in order Ie
continue the use.
. b. It shall be the continuing obligation of the property owner to n aintain the planting required by
the SDC in an attractive manner free of weeds and other invc'ding vegetation.
c. Undeveloped land within the development area, if any, shall tle 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 ten 3nt in a condition free of litter or
dust, and deteriorated pavement conditions shall be improvell to maintain conformance with the
SDC.
7.
In addition to all other remedies which may be provided by law oli equity (including but not limited to
penalties provided by applicable State Law or City Ordinances), Ihe Applicant agrees that the City mal
enforce the Applicant's responsibilities by withholding the Applicclnt's Final Occupancy Permit and
terminating any Temporary Occupancy Permit which may have t'een granted.
Any Final Plot Plan approved becomes null and void if constructi1n does not commence within 90 day:
of the MDS DRC2009-00013 Decision.
8.
IN WITNESS WHEREOF, the Applicant arid City have executed this Agleement as of the date first herein
above written. .
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APPLICANT
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STATE OF OREGON, County of Lane, IJ7l~S, 2009. Personally appeared the above named
ee.\L 0o.jj Ln( ,who acknowledged ih~going instrument to be his voluntary act. Before me:
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~TATE OF OREGON, County of Lane, !ntt'(Jc;,2009. Personally appeared the above named
-P.e.-.t-e..y K\:j L-- , who acknowledged tHe foregoing instrument to be his vo~untary act. Before me:
NotiJ:~fKt~: o!e~L( .
My Commission Expires if /;S 11/
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DEVETTE KELLY
.,.. NOTARYPUBLlc.OREGON
COMMISSION NO. 420351
M'I COMMISSION EXPIRES AUG, 15. 2011
CITY OF SPRINGFIELD I
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SI6TE OF OREGON, County of Lane, (1)#,\,2009. Personally appeared th!3 above named
levv'-1 A- Jc:>nel"' , Development Se~ Department Planner ,who acknowledged the
foregoing 'instrument to be his voluntary act. Before me~'
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Notary i1Jblic for Oregon v
My Commission expires
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DEYETTE KELLY
. . i NOTARY PUBLIC - OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
Date Received'
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