HomeMy WebLinkAboutMiscellaneous Miscellaneous 1993-7-14
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
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This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this I q day of
:fJA.v- , 1993 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
he~eirkfter "City", and ~ e>tht.1>) hereinafter "Applicant", in accordance with
Section 31.090, and Sectfon 3.070(3), 3.060(3), 3.090(3) and 3.100(3).
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RECITALS - .
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WHEREAS, on the "..\day of )\i-~, 1993, the City approved the Site Plan Review .
Application submitted by the Applicant for the purpose of allowin9:
CITY JOURNAL NUMBER 93-06-65. Type I Site Plan Modification requesting approval for an
addition to a carwash. The property is located at 5610 Main Street, (Assessor's Map 17-02-
33-41 tax lots 2300,2600 and 2601). The property is zoned Community Commercial and is
also designated for commercial use in the Metropolitan Plan.
WHEREAS, in considerati9n 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 a9rees to comply with all of the standards in the Sprin9field 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. Prior to final occupancy, the final site plan shall indicate:
a. A 5-foot minimum setback from the residence on tax' lot 2600 to the new fence
location.
b. The. driveway flares shall be located entirely within tax lot 2601.
THEREFORE IN CONSIDERATION OF THE FOREGOING ,RECITALS WHICH ARE
EXPRESSLY MADE APART 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 31.060 of the Sprin9field Development Code.
2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to
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Site Plan Development Agreement
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the occupancy, unless certain conditions have been deferred to a later date in accordance
with Section 31.11 0 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 the following:
(a) The building and site shall be maintained in accordance with the provisions of the
Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property owner to maintain the planting required
by Section 31.140 of. the Springfield Development Code in .an attractive manner free of weeds
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 with Section 32.070 of the
Springfield Development Code.
(c) 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.
(d) Undeveloped land within the development area shall be maintained free of trash and
stored materials ina mowed and attractive manner. Undeveloped land shall not be used for
, parking. .
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 approves becomes null and void if construction does not commence
within two years of the date of the agreement.
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Site Plan Development Agreement
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IN WITNESSWHEREOF, the Applicant and City have executed this Agreement as of the date
first hereinabove written.
APPLICANT
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Date
BY:
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BY:
. OffiCIAL SEAL '
,_', LESLIE BARNUM
!.~ ,,.' NOTARY PUBLIC. OREGON
" ~,r" 'COMMiSSION NO. 02.(273
MY COMM:SS'ON EXPIRES MAY ~, 1997
STATE OF OREGON, County of ,L~
Tt.J... 1'1 ,19~ Personally appeared the above named . ,
1)0-''''''' I'd 1<.",", d , who acknowledged the foregoing instrument to be their
voluntary act. Before me: '
C:;P~I~fO~~ .
S/Y/97
My Commission expires
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STATE OF OREGON, County of ~~ .
~~ ,,/-, ,19~ Personally appeared the above named
~,,-:._.~ ~~ - ,who acknowledged the foregoing instrument to be their
voluntary act. Before me:
{4,/99~
BY: JtUL11.iL '
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CITY
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?'t~ F5~ ----;
~J;ry Public for Oregon
My Commission expires 5'1'1 /97
.. " . OffiCiAL SEAL
~ LESLIE BARNUM
~~, NClARY PUBLIC. OREGON
....'. COM......ISSION NO. 02.(273
MY COMM:S!ICN EXPIRES MAY 4. 1997