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HomeMy WebLinkAboutPlan Review Miscellaneous 1994-3-3 --- ... . ., '-1300 M.~~S-t-. .' SITE PLAN REVIEW DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this day of February, 1994 (the "Effec t i ve Da te") by and between the CITY OF SPRINGFIELD, hereinafter "City", and Craig Koch, hereinafter "Applicant", in accordance wi th Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). . ~ RECITALS WHEREAS, on the 1/AP day of ~.:::<<' 1994, the City approved the Type I Site Plan Review submitted by the App lcant or the purpose of allowing: Construction of a self-storage facility and resident manager's quarters. CITY JOURNAL NUMBER 93-12-190. The property is located in the 4200 block of Main Street on the north side (Assessor's Map 17-02-32-31, Tax Lots 2100, 2200 and 2299) . WHEREAS, in consideration for Type II 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 Type II 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 the following specific conditions imposed by the City as part of Site Plan approval: 1. Conveyance of a 5 foot easement along the full length of east property line to Springfield Utility Board. 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 conditions have been deferred to a later date in accordance with Section 31.040(4)(b) of the Springfield Development Code. '-- . . . 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Plan vithout first notifying the City. Modifications to the Final Site Plan shall be revieved in accordance vith Section 31.100 of the Springfield Development Code. 5. MAINTAINING THE USE. The applicant agrees to the folloving: (a) The building and site shall be maintained in accordance vi th the provisions of the Springfield Development Code in order to continue the use. .' (b) It shall be the continuing obligation of the property ovner to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of veeds 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 vith Section 32.070 of the Springfield Development Code. (c) Parking lots shall be maintained by the property ovner or tenant in a condi t ion free of li t ter or dus t, and deteriorated pavemen t conditions shall be improved to maintain conformance with these standards. (d) Undeveloped land vithin the development area shall be maintained free of trash and stored materials in a moved and at trac ti ve manner. Undeveloped land shall not be used for parking. 6. In addition to all other remedies vhich may be provided by lay or equi ty (including bu t not limi ted to penal ties provided by applicable State Lav or Ci ty Ordinances), Applicant agrees that City may enforce Applicant's responsibilities by vithholding Applicant's Final Occupancy Permit, and terminating any Temporary Occupancy Permit vhich may have been granted. 7. Any Final Site Plan approved becomes null and void if construction does not commence vi thin one year of the date of this Agreement. IN YITNESS YHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove vritten. -" ;.. . . _ :3/:t-/94- Date' , APPLICANT BY, <:~'zr f Jc-~ BY: ~ STATE OF OREGON, County of H 1'.11ti'M ':;;' ,199~. (:I"Cl~ \"'~ ,knc.t-. be tn r vo untary act. ...j., .,,,!. ,;: . 'dl",)~" .~ " ...!~. U, '.1 ~', ",; .~ . ,.. .....,. ',' , ,;;.- ,"'~ ';.. i ' ..,. I' '\ "', ~':'i'l ~"Ij.....r .:"," ~ .' (1"'~' . - .. ,., ) , . \}". ~ " ''-: \.J.r ;, .~. I.'; ~ ~ .': .. \1JoI'C : 1\ '; ;' ,,:\,.j '('.' , . ~ ',I)Uj\\C'! f ~, " '~, I: ' ,;>" t" .. -"' ..' 4. .:: 1"1".' '" _' ,," ...~. ,',' '" ."~." ,'" J/?-. /q':~'i/,~;:',;~.'~.".' -3 7.:;,./;,. ,.."'~\,, Da e r -\i''.:'~'' r. ':/! ~ ' " Lal/)o€' Personally appeared the above named , who acknowledged the foregoing instrument to Before me: f) ( p...1u~ . ~ H-/p Notary Public tor Oregon My Commission expires t>Jh.94 CITY \1 ~ BY: ',~~D~\'" ttJ5,g" STATE OF OREGON, County of LdJ/LL 711 a ,l.-fA"u ~ ,199!1.... Personally appeared the above named (YY'(',r;o 1<.-1 ,'). A.1.tLJT ' who acknowledged the foregoing instrument to be. their V01U::~I:~ALa:~~ Betore me:N~r~'I~~bffc d ~~f/J~ '~~t/' NO~~~~~~~L~~~b~~~ON My Commission expires liJ/ IS /1b . COMMISSION 1'10.019958 MY COMMISSION EXPIRES DEC. 18. 1996