HomeMy WebLinkAboutAgreement APPLICANT 2/18/2009
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
MINIMUM DEVELOPMENT STANDARDS
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this 17111 day of February, 2009
(the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and M & M Land
Company, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC"
5.14-135/140 and 5.1-125/140.
RECITALS
WHEREAS, on the 13th day of January, 2009, the City approved the Minimum Development Standards,
hereinafter MDS application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2008-00075, Type 1 application, requesting approval for a trash enclosure. The
property is located at 1989 Mohawk Blvd in Springfield, Oregon (Assessor's Map 17-03-25-13, Tax Lot(s) 500).
WHEREAS, in consideration for MDS application approval, 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 5.17-140, 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 Site Plan, dated
November 7,2008.
2. All conditions as specified in the MDS Decision, dated January 13, 2009 must be fulfilled prior to
finalization of said permit.
Condition 1. Applicant shall record a maintenance agreement stipulating monitoring and
pumping of the catch basin.
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 Site Plan Plan in accordance with SDC 5.17-
135.
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 approvai required by the City
listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to a71ater date .
in accordance with SDC 5.17-150. Date Receivect :Jlu?' oq -L
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4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan without first
notifying the City.
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 SDC in order to
coritinue 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 beeri granted.
8. Any Final Site Plan approved becomes null and void if construction does not commence within 90 days
of the MDS Decision. .
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
Signature Page Attached
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APPLICANT
Date
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STATE OF OREGON, County of Lane, ,2009. Personally appeared the above named of
, who acknowledged the foregoing instrument to be his voluntary act. Before me:
Notary Public for Oregon
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STATE OF OREGON, County of Lane, f-ebl'lf~ 1'6,2009. Personally appeared the above named~LJ1- of
DEVETTE KELLY Notary pJ'blic for Orego
. NOTARYPUBUC-OREGON lJ"
COMMISSION NO. 420351 a / I
MY COMMISSION EXPIRES AUG. 15,2011 j My Commission Expires D / IS 1/
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PROPERTY OWNER
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CITY OF SPRINGFIELD
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Lissa Davis
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STATE OF OREGON, County of Lanel.~' ;009. Personally appeared the above named, Development
Services Department Planner, Lissa Davis, who acknowledged the foregoing instrument to be his voluntary
act. Before me: \ 1) ilL W
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Notary P!Jblic for Oregon (/
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OFFICIAL SEAL
DEVETTE KELLY
NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
My Commission expires
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