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HomeMy WebLinkAboutPlan Review Miscellaneous 1988-4-22 c . . . /lddAuo SITE PLAN REVIEW DEVELOPMENT AGREEMENT T~S DEVELOPM~AGJlEEMENT' hereinafter "Agreement", is entered into thi s day of .,( , 1988 (the "Effecti ve Date") by and between the I Y OF SPR NIELD, hereinafter "City", and Dr. Clark Roeder, hereinafter "Appl icant", in accordance with Section 31.090, and Section 3.D7D(3), 3.D80(3), 3.090(3), and 3.100(3). * RECITALS WHEREAS, on the 15th day of April, 1988, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of a 11 owi ng: The -expaiision,,~of 5892 Main Street. Approval of Jul a parking lot for ~ professional office complex at urnal Number 86-06-05. See also Discretionary Use , Final Order Number 86-06-05. ... , WHEREAS, in consideration for Site Plan approval, the issuance of a 8uilding Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with all the standards of the Springfield Development Code and Springfield Municipal Code which may be applicable to this development project, including but not limited to, the following: The development of the property shall conform to the improvements shown on the Fi na I Si te PI an. 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 Discretionary Use approval: 1. Vehicular access to North A Street shall be limited to employees. 2. The applicant shall sign a maintenance agreement with the City that stipulates that the City shall be reimbursed 110% of any maintenance costs incurred as a result of the property owner's failure to maintain the property in accordance with Article 31, Site Plan Review. 3. The use of the parking lot shall not be permitted from 7:00 p.m. in the evening to 6:00 a.m. in the morning. 4. The applicant agrees to participate equally in the construction of a bikeway on the western 'bbundary of the property at such time as Buda Mesa subdivision is fully built upon. Site Plan Development Agreement 1 , . . NOW THEREFORE EXPRESSLY MADE A FOLLOWS: IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS AGREEMENT 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 RECITALS prior to occupancy, unless certain standards 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 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 confo~ance with these standards. (d) Undeveloped land within the development area shall be maintained ~ free of trash and stored materials in a 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 that City may enforce Applicant's responsibilities by withholding or terminating Applicant's Occupancy Permit. 7. Any Final Site Plan approved becomes null and void if construction does not commence within one year of the date of this Agreement. Site Plan Development Agreement 2 ~ , . " . . IN WITNESS WHEREOF, as of the date first the Applicant and the City have executed this "'el'''"e :::::~ t&J Agreement U-?>7/"D7 Date , BY: ~TE.\di;IOREGON, County ofC?{Mf> ,., 'J\j f :;) /J.,,; , 1988. Persona Ily appeared the above named /<' ,<Dh /'ic..J)!L\f(OF't1~^- . - ,who acknowledged the foregoing instrument to !.:;'fie tneir. voluntary act. Before me: 1 ~ ',i\(:\\"I , . ~. A II .J!" " '. ' " , i,t/} . '(0)')/JI'~.~.-c \",:,>:. No ry Pub 11 c for Oregon rJ "" J ' 1 ~ .' i\ '\<', . "'" ....:... My Commission expires OL;"./t[jJtJ, '. CITY ~/2.b/ 52> 8Y:~~ 'vv\6~\ Dcrl~6 Code Admin1strator Date STATE DF OREGON, County of La...-n-c. ~; ( ? ('20_ ,1982. Persona Ily appeared the above named ' C7{~'-~ ~~ ' who acknowledged the foregoing instrument to D~th~r voluntary act. Before me: Lr~_C~~ ~'.P~Dlak- for Oregon ,"\ ",'..;,(, .' ......)... "~ " ') .... I.JI, .. '. I .'1. '. My Commission eXPire~_ ~ /7>8'7: 'ol ) \' \ '.1\ -\1.. ... ' , :.( ';/ i\ \' ,j'. , Site Plan Development Agreement 3