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HomeMy WebLinkAboutPlan Review Miscellaneous 1990-2-2 ..-.-' \ . . Mr2. SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, herei nafter "Agreement", is entered into thi s?. til::2- day of f'q..f!.,vAQ.'7 ' 1990 (the "Effective Date") by and between the CIrv' O~ SPRINGFIELD, herelnafter "City", and Fr'VtN1I LUNA , hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3),. 3.080(3), 3.090(3), and 3.100(3). RECITALS s;t~ WHEREAS, on the 31st day of January, 1990, the City approved the Final Application submitted by the Applicant for the purpose of allowing: CITY JOURNAL NUMBER 89-11-191. Type I Site Plan requesting approval to convert a former furniture store to a church. The location of the property is 4404 Main Street (Assessor's Map 17-02-32-31, Tax Lot 1000). 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 the standards of the Springfield .Development Code and Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Agreement, Planning Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing. 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 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 dated January 31, 1990. . 2. A signed joint parking agreement. This agreement is in the file. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 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 condit ions have been deferred to a 1 ater date in accordance with Sect ion 31. 040 (4)( b) Site Plan Development Agreement 1 ~LlOL\ 1'V\.11\\ 1\ . . t . -..>_ 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 that 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 one year of the date of this Agreement. IN WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written~ .) -::J.. -q () lJate APPLIC~ BY: rJ~ ij.4UA J BY: STATE OF OREGON, County of L-~~ F6f!:,RvPrfl..'1 2. , 1990. Personally appeared the FRA-NiI LUNA , who acknowledged tho be iheir'voluntary act. Before me: above named falc~vi"\j/,ment to ~ 011 ' NoU"ry Site Plan Development Agreement 2 --.' \ . . My Commission expires 3- 4-'72- CITY ~ BY:_, ~ A~' FOfG 72!(.z:: Develo~ ~Administrator 2.2-CJO Date OF OREGON, County,of ,Hlvtv ' , i{t1C., )990. Personally appeared the above named 1~ ' who acknowledged the foregoing instrument to ~r vo un ary ct. Before me:~~, fu (j" 05 """y ~"'~" f".o"gO~~']f;fVYA My Commlsslon explres I~ Site Plan Development Agreement 3