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Home My WebLink AboutPlan Review Miscellaneous 1992-5-28 .. . ~D1?-ESS ~,_:c 1..-- '....:..t ~ SITE PLAN REVIEW DEVELOPMENT AGREEMENT 5701 I0q(lA.S,i. --- This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this Z8'r' day of /IM;I, 1992 (the "Effective Date").E>' and betwe~ the CITY OF SPRINGFIELD, hereinafter "City", and /tIe.~!; ~ ,) hereinafter "Applicant", in accordance with Section 3 1 .090, and Section 3.070(3). 3.080(3). 3.090(3) and 3.100(3). RECITALS * '. WHEREAS, on the 19th day of May, 1992, the City approved the Final Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER 92-03-55. Type II Site Plan requesting approval for the construction of a 2,974 square foot restaurant facility and parking lot on a vacant parcel of land. The property is located south of McKenzie Highway, (Assessor's Map 17-02-33- 41; Tax Lots 3100, 3200, 3300). The property is zoned Community Commercial and is also designated for Commercial use in the Metropolitan Plan. 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 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 constructedl installed as shown on the Final Site Plan prior to the final building inspection. The island shown on the final site plan that divides the lot from the adjacent parking lot will be 8 feet by 105 feet. 2. Recording of an Improvement Agreement, at the applicant's expense, and returning a copy of the recorded document to the Development Services Department. 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 l\ .;/'--1.. . . 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 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 ot'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. ~ J ,\" ....~, ...4. . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first hereinabove written. APPLICANT ----- - DateF:Ae- BY: STATE OF OREGON, County of ..I..IJA-~t.lI"')G:.-n>~ 3J ~ t=!l . 1992. Personally appeared the above named l.t.J;17~ p(l2i..'ffid , who acknowledged the foregoing instrument to be their voluntary act. Before me: ~~ Notary Public for Oregon My Commission expires /~ - l~ -cr~ CITY BY~~_/* lttVll/ ~/z-!q L Date REGON, County of . ,1 92. ersonally appeared the above named , who acknowledged the foregoing instrument to be their :~;';f~<:,-(:\;~..\,- \ "'.: ~5. .... 7'1~\~.~j No~y Public for Oregon l1iJ .11) :;-: <:':', (--, ;,:-:-.~/: .- ." -. : .~. - .~ . .:>~ . .\.:.-,' My Commission expires , ~