HomeMy WebLinkAboutPlan Review Miscellaneous 1993-6-11
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SITE PLAN REVIEW DEVElOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement". is entered into this \ I ~
day of J.UNE:, 1993 (the "Effective Date") by and between the CITY OF SPRINGFIELD,
hereinafter "City", and M lLTON E.. ""e,e.ll.. ,) hereinafter
"Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3),
3.090(3) and 3.100(3).
RECITALS
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WHEREAS, on the 12th day of October, 1992, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER 92-09-182. Type II Site Plan Review Application requesting
approval to construct a restaurant facility on a vacant parcel of land. The property is
located on the southwest corner of Main Street and 54th Street, (Assessor's Map 17.02-
33-42; Tax Lot 3301). The property is zoned Community Commercial is also designated
for Community Commercial use in the Metropolitan Plan.
WHEREAS. in consideration for a Type II Site Plan Review Application 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 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 Sef'Jices 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 prior to
the final building inspection.
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
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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 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 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 one year 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 hereinabove written.
APPLICANT
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Date /
BY:
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BY:
STATE OF OREGON, County of La.ne_
hULL (I ,1993. Personally appeared the above named
~E. 4heIJ , who acknowledged the foregoing instrument to be their
voluntary act. Before me:
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Notary Public for Oregon
My Commission expires
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STATE OF OREGON, County of !.-M~
Jtun.l, ,1-& ,1993. Personally appeared the above named
~duv I::!. tJe.?(/ , who acknowledged the foregoing instrument to be their
WiUhtary act. Before me:
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(jiotary Public f07 Oregbn'
My Commission expires
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.'.. OFFICIAL SEAL
'~,) JANICE L. JAMISON
, ' NOtAIWPUBLIC-OREGON
COMMI$SION NO 019958
MY COMMISSION ~XPIRes OEC, 18. 1996
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