HomeMy WebLinkAboutAgreement PLANNER 10/20/2008
City of Springfield
Development Services Department
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this day of , 2008 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Rich Hickman,
hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC' 5.15-125 and
5.1-125.B.
RECITALS
WHEREAS, on the 14th day of August, 2008, the City approved the Minimum Development Standards,
hereinafter "MDS' application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2008-00037, Type I MDS application, requesting approval of a building and open
air deck addition with associated improvements. The property is located at 1360 Mohwak Blvd. in Springfield,
Oregon (Assessor's Map 17032533, Tax lot(s) 10000).
WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant agrees to comply with all of the
standards in the SDC and the Springfield Municipal Code that may be applicable to this development project
unless specifically modified or excepted by this Agreement, the Development Services Director, Planning
Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be
reduced to writing.
WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an
Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following
specific conditions imposed by the City as part of the MDS approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated
10/8/08.
2. All conditions as specified in the MDS DRC2008-00037 Decision, dated 8/14/08 must be fulfilled prior
to issuance of the Final Occupancy Permit.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A
PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOllOWS:
1. FINAL Plot PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125.
2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC 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 SDC 5.17-150.
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 SDC 5.17-150.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Fin;!1 Plot PI,,,, ':.'thout first
notifying the City. ~."" . W!W/O(
5. MAINTAINING THE USE. The Applicant agrees to the following: .,,~t~~H,::!~"" !
a. The buildings and site shall be maintained in accordance with the provisions of the SDC in order to
continue the use.
b. It shall be the continuing obligation of the property owner to maintain the planting required by
the SDC in an attractive manner free of weeds and other invading vegetation.
c. Undeveloped land within the development area, if any, shall be maintained free of trash and
stored materials and kept 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 the
SDC.
7. 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), the Applicant agrees that the City may
enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and
terminating any Temporary Occupancy Permit which may have been granted.
8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 days
of the MDS DRC2008-00037 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT
By:
Date
STATE OF OREGON, County of Lane, ,2008. Personally appeared the above named Rich
Hickman of Prime Time Sports Bar & Grill, who acknowledged the foregoing instrument to be his voluntary act.
Before me:
Notary Public for Oregon
My Commission Expires
CITY OF SPRINGFIELD
By:
Date
STATE OF OREGON, County of Lane, ,2008. Personally appeared the above named Elizabeth
Miller, Development Services Department Planner I, who acknowledged the foregoing instrument to be his
voluntary act. Before me:
Notary Public for Oregon
Case No. DRC2007 -ll0082
My Commission expires
Date ReceiVed:~1 OK
Planner: LM
2012