HomeMy WebLinkAboutMiscellaneous Miscellaneous 1992-8-20
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, SITE PLAN REVIEW DEVELOPMENT AGREEMENT
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This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this 20th day of
August, 1992 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City", and Donald Bond ,) hereinafter
"Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3),
3.090(3) and 3.100(3). '
RECITALS
. WHEREAS, on the 20th day of August, 1992, the City approved the Final Site Plan
..f'pplication submitted by the Applicant for the purpose of the following:
S;ITY JOURNAL NUMBER 92-07-140. Type II Site Plan requesting approval for a 4-bay car
. :.~: ,wasl) facility.. The property. is located at 5810 Main Street, (Assessor's Map 17-02-33-41
,':::::i:~xlots 2300 and 2800). The property is zoned Community CommerciaL and is also
.' .' de~ignated for commercial use in the Metropolitan Plan.
: ,,: WHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and
'~ij;'~'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
deveiopment project unless modified or excepted by the Site Plan Review Development
'Agreement, Development Services Director, Planning Commission, Building Official or their
.: ag~nts, 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:
Y.1. The applicant shall provide a security to the City of Springfield for 110% of the
estimated cost of design, materials and labor for a 5-foot landscaped strip along the east
property line.
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2. The applicant shall sign a joint use access agreement (including maintenance
provisions) with the abutting property owner. A'copy of this agreement shall be provided
to the City.
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Site Plan Development Agreement
Page 2
V' 3. The applicant shall provide proof of guaranteed access over tax lot 2800 for the
properties located north of the carwash site.
Y4. The applicant shall comply with all Transportation Division requirements.
Y 5. The applicant shall provide a three (3) copies of the final site plan within 90 days of this
letter. The plan needs to show:
-landscaping meeting code requirements within the Main Street right of way
-a site-obscuring fence along the north property line
-provisions for permanent irrigationlmaintenance for all planted areas .
-transportation division requirements for pavement markings, signage and barriers.
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6. A signed Development Agreement prior to the issuance of a building permit. The
agreement will be prepared by Staff.
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 applicable standards specified in the
Springfield Development Code 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 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 agreesnot 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.
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Site Plan Development Agreement
Page 3
(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
sto'red.materials in a m'owed 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
agrel:!.s_~h'e.City may enforce Applicant's responsibilities by withholding Applicant's Final
Ocdipan'cy 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
Page 4
IN WITNESS WHEREOF. the Applicant and City have executed this Agreement as of the
date first hereiriabove written.
APPLICANT
lYii;:w 9::i..
Date
BY:
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BY: 'I' 1_
-'n Cl
O~f\,. .
STATE OF OREGON. County of, I wAl<!.-
.&0.~.n . 1992. Personally appeared the above named
~/.J /,.1 &d . who acknowledged the foregoing instrument to Qe their
voluntary act. Before me:
~~/./--6 nf ;/~A~ L~
Notary Public for Oregon .
My Commission expires /~~-q /q~
r=.1~.':.~~ ~......_-'!:=='..._" -_
. OFFICIAL SEAL T
\ j REBECCA L HOUfNBECK
", ,/ NOTAIlVPUBLIC-OREGON
COMMISSION NO.Ol1975
MY COMMISSION EXPIRES DEC. 29. 11195
CITY
BY: ~ ~} Cl->sf. ?/~
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Date
STATE.OF OREGO~. County of L.;l~1'"" .
ft/I/> 2n . 1992. Personally appeared the above named
i?.4u ,(7",N' L '" % '" / / . who acknowledged the foregoing instrument to be their
voluntary act. Before me:
~k/--? ,?<, dJP~~/A)J
Notary Public for Oregon
My Commission expires /.;i P 9,/9 ~
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, . OFFICIAL SEAL I
: - ; REBECCA L HOLLENBECK ,
, \,./ NOTARY PUBLIC - OREGON :
I COMMISSION NO.Ol1975 ,
, MY COMMISSION EXPIRES DEC. 29. 1995 :
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