HomeMy WebLinkAboutAgreement APPLICANT 8/15/2008
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RECITALS
WHEREAS, on the \5" day of Aur1tl~+ ,2008, the City approved
the Final Site Plan Application submitted by the Ajrplicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2008-00023, Type 11 Site Plan Review requesting
approval to Demolish the existing structure and construct a 1,246 sf Sonic Drive-In and a
4,832 sf Abby's Pizza/Deli. The property is located at map and tax lots 11'.03-25-42 #500;
600; 700; 800 and 900. The: property is zoned MRC (Major Retail Commercial).
WHEREAS, in consideration for Type 11 Site Plan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 5.17-140, 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 F'lan Review
Development Agreement, Development Services Director, Planning Commission, Building
Official or their agents, or the Fire Marshal, which modifications or exceptions shall be
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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 5.17-140, Applicant agrees to comply with the following specific conditions imposed
by the City as part of the Site Plan approval:
. All improvements must be constructed/installed as shown on the Final Site Plan and
approved construction plans prior to the final building inspection.
. The applicant shall comply with Drinking Water Protection standards of SDC 3.2-200. .
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
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1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with
Section 5.17-135 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 5.17-150 of ttie 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
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Date Received:
Sonic/Abby's Planner: SH 100
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conditions have been deferred to a later date.in accordance with Section 5.17-150 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' 5.15-100 of the Springfield Development Code.
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5. MAINTAINING THE USE. The Applicant agrees to the following:
a. The buildings and site shall be 'maintained in accordance with the provisions
. of the Springfield Development Code in order to continue use.
b. It shall be the continuing obligation of the property owner to maintain the
planting required by Section4.4-100 of the Springfield Devel9pmentCode 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 these standards.
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 approved becomes null and void if construction does not
commence within two years of the date of the agreement.
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Date Received: ......
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Sonic/Abby's
200
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of .the
date first herein above written. .
APPLICANT
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STATE OF OREGON, County of
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re e entative of Polen Futures LLC., who acknowledged the" foregoing instrument to be a
vo tary act. Before me: .
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8: SANDRA MARX j
. ': \.. .,/ NOTARY PUBLIC. OREGON I
I . COMMISSION NO. 385725 j
L__~::'C.9~MIE~O!l ~X~R~S NOV 12,2008 .
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CITY
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By:
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STATE OF OREGON, County of vPih.-L-
VA" M~ /6 ,2008. Personally appeared the above named Steve Hopkins, who
~;dged the foregoing instrument to be a voluntary act. Before me:
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;. OFFICIAL SEAL . "
, , . , SANDRA MARX .
I \,../ NOTARY PUBLIC" OREGON I
l' , COMMISSION NO. 385725 ,
~ MY COMMISSION EXPIRES NOV 12 2008 \
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Nota~~r~
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Date Received:
Planner: SH
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Sonic/Abby's
300