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HomeMy WebLinkAboutPlan Review Miscellaneous 1989-4-24 ~, . . piU ,,> SITE PLAN REVIEW DEVELOPMENT AGREEMENT * THISJ?VELOP,MENT AGREEMENT, hereinafter "Agreement", is enterea into this ,-Jtj'-Jl) aay of J.2.l f./ , 1989 (the "Effective Date") by ana between the Clttur SPRINGFIE ; herelnatter "City", ana CHARLES RICHEY ana ROBERT HAMILTON, hereinafter "Applicant", in accoraance with Section 31.090, ana Section 3.070(3), 3.080(3), 3.090(3), ana 3.100(3). REC IT ALS I4HEREAS, on the aay of , 1989, the City approvea the Final Site Plan Application submittea Dy the Appllcant tor the purpose of allowing: Type I Site Plan approval for a mini-storage facility, managers office ana RV storage area. The site is locatea at 4940 Main Street on the north siae (Assessor's Map 17-02-32-41 Tax Lot 00600). Journal Number 88-11-190. WHEREAS, in consiaeration for Site Plan approval, the issuance of a Builaing Permit, ana the issuance of an Occupancy Permit, as specifiea in the Springfiela Development Coae Section 31.090, Applicant agrees to comply with all the stanaaras of the Springfiela Development Coae ana Springfiela Municipal Coae which may be applicable to this aevelopment project, incluaing but not limitea to, the following: Construction to be in accoraance with the approvea Final Site Plan. WHEREAS, in consiaeration for Site Plan approval, the issuance of a Builaing Permit, ana the issuance of an Occupancy Permit, as specifiea in the Springfiela Development Coae Section 31,090, Applicant agrees to comply with the following specific conaitions imposea by the City as part of the Site Plan approval: 1. Installation of two catch basins pipea to existing storm sewer in Main Street. 2. Approval by the City Builaing Division of the use of these structures as storage buil ai ngs. 3. A backflow prevention aevice shall be instal lea on the water service to this aevelopment. Site Plan Development Agreement 1 '.- . r , NOW THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: AGREEMENT I. FINAL SITE PLAN. The applicant has submittea a Final Site Plan in accoraance with Section 3I.080'of the Springfiela Development Coae. 2. STANDARDS. The applicant agrees to fulfill all applicable stanaaras specifiea in the Springfiela Development Coae ana the specific stanaaras listea in RECITALS prior to occupancy,unless certain stanaaras have been aeferrea to a later aate in accoraance with Section 31.110 of the Springfiela Development Coae, 3, CONDITIONS, The Applicant agrees to fulfill all specific conaitions of approval requirea by the City listea in RECITALS prior to occupancy, unless certain conaitions have been aeferrea to a later aate in accoraance with Section 31,110 of the Springfiela Development Coae. 4. MODIFICATIONS. The applicant agrees not to moaify the approve a Final Site Plan without first notifying the City. Moaifications to the Final Site Plan shall be reviewea in accoraance with Section 31.100 of the Springfiela Development Coae. 5. MAINTAINING THE USE. The applicant agrees to the following: (a) The builaing ana site shall be maintainea in accoraance with the provisions of the Springfiela Development Coae in oraer to continue the use. (b) It shall be the continuing obligation of the property owner to maintain the planting requirea by Section 31.140 of the Springfiela Development Coae in an attractive manner free of weeas ana other invaaing vegetation. In aaaition, plantings in the vision clearance area shall be trimmea to meet the 2 1/2 foot height stanaara in accoraance with Section 32.070 of the Springfiela Development Coae. (c) Parking lots shall be maintainea by the property owner or tenant in a conaition free of litter or aust, ana aeterioratea pavement conaitions shall be improvea to maintain conformance with these stanaaras. (a) Unaevelopea lana within the aevelopment area shall be maintainea free of trash ana storea materials in a mowea ana attractive manner. Unaevelopea lana shall not be usea for parking. 6. In aaaition to all other remeaies which may be proviaea by law or equity (incluaing but not limitea to penalties proviaea by applicable state law or city orainances) Applicant agrees that City may enforce Applicant's responsibilities by withholaing Applicant's Final Occupancy Permit, ana terminating any Temporary Occupancy Permit which may have been grantea. Site Plan Development Agreement 2 , . . 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. ,~,~\Sq Uate ":;> ,~ STATE OF OREGON, County Of'\ (\ \\ Q _ :~ . A- \ _' 198.EL.' 'Persona Ily appeared the abov: na~ed Q..\\i:).:,,~ 'Q0"'" ^ LV . who acknowledged the foregolng lnstrument to ~\~ ~ De tnelr vOluntary act. I:letore me: .. \ \ ~ C)r\ ) l_ \ 0-:\N'\U~ Q-.J otary VUD! 1 C for Uregon \ \ . My Commission expires P" \ 1 o. C\rJ CITY 3 'd \ ~9 uate ~, ,- BY:~~-4-A. u~~~ coae Aamlnlstrator STATE OF OREGON. County of \ CL\LL ?-, , fJ \ . 198~. -Personally appeared the above named ('-1,,,\ ~.T\f'\\ i ?" \\\ r-~ ,who acknowl edged the foregoi ng instrument to be their~vo'~tary act. Before me: \ \ffi j l . \ ~\\~(\Q f'_) ~otary PUDlic tor~regon \ \ My Commi ssion expi res p" \ \ n' C\n Site Plan Development Agreement 3 . . . t . . r Lf-jo r7 Uate APPLICANT"" / //A/ 01.>-- BY: fbtur {/Vi--, BY: tlen " , / :;1.-/- .1i'~ Site Plan Development Agreement 4