HomeMy WebLinkAboutPlan Review Miscellaneous 2002-2-19
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
tf. This PEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this .
/9 day of HfU//.4I?Z,2002 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinaft r "City" and o1?f';?#c!,u Krt.</'o6S' hereinafter
"applicant," in accordance with Section 31.090 and Sections 3,070(3), 3.808(3),
3,090(3) and 3,100(3).
RECITALS
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WHEREAS, on the 19th day of February, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER 01-09-183 Type II Site Plan Review Application requesting
approval for a medical office with parking and landscaping, The site plan also provides for
parking and landscaping for future commercial use on parcel 2, The property is located at
5937 Main Street (Assessor's Map 17-02-34-33 TL 600), The property is zoned
Neighborhood Commercial (NC),
WHEREAS, in consideration for Type II 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 of the standards
in the Springfield 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, All improvements must be constructed/installed as shown on the Final Site Plan and
approved public improvement and construction plans prior to the final building inspection,
2, Public storm water facilities shall be bonded prior to issuance of building permits for the
proposed building. Construction of the building may start simultaneously with the
permitting and construction of the public storm water facilities,
3, All required easements shall be recorded upon completion of the final plat.
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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 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 buildings and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue 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.
c. 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.
d. 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,
6..ln 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 approved becomes null and void if construction does not
commence within two years of the date of the agreement.
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the
date first herein above written.
APPLICANT
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By: .,~- /Y- !?"/L-.orr
By:
STATE OF OREGON, County of ~'LiI.-/
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-:..,::1t/1Ii:l({Y'.-f. "rr/v ,2002. Personally appeared the above named ,"S:'@l!dl..) l5/ili "-C-,S
who ack60wledged the foregoing instrument to be their voluntary act, Before me:
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Notary/Public frfj Oregon
My Commission eXPireJL~ / i dOO)--
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NANCY J MACHADO \
, ; NOTARY PUBLIC - OREGON
\" ..-' COMMISSION NO. 335646
" MY COMMISSION EXPlNfS.IUll! Il10~
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CITY
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By:
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STATE OF OREGON, County of LrJJ!.~
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f")0!J:n,iACl.Al.lr / 'I ~ ,2002, Personally appeared the above named
" \.:f:J..:?,/l/J., -Yln:JlJ:11 ~ 'i , who acknowledged the foregoing instrument to be his/her
voluntary act, Before me:
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\"h' .>;'~.7.~/I.I j_' 111. a (Itd..d.:;
Notar) Publ17 for Oregon ! '
My Commission expires0'~ j.-t; ~::JG0'i
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, OFFICIAL SEAL ' ' ,
NANCY J MACHADO }.
. i NOTARY PUBLIC> OREGON ' .
.\ ./ COMMISSION NO. 335646
". ,.' MY COMMISS11lII EXPlRtS.IIRE 11.11I~