HomeMy WebLinkAboutPlan Review Miscellaneous 1988-10-7
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THI S DEVELOPMENT AGREEMENT, herei nafter "Agreement", is entered into thi s 7-:tL
day of OCl"J(~ , 1988 (the "Effective Date") by and between the CIll Ur
SPRINGFIELu, herelnatter "City", and the SITE PLAN REVIEW APPLICANT hereinafter
"Applicant", in accordance with Section 31.090, and Section 3.070(3}, 3.080{31,
3.090(3}, and 3.100(3}.
REC ITALS
WHEREAS... on the_ (;7Z1day of Oc;q~, 1988, the City approved the Final Site
Plan Applicatii:H\su~mittE!aDY the Appllcant tor the purpose of allowing:
Construction of a 28' x 40' covered gas cylinder storage area located at 3773
Main Street (Assessor's Map 17023142; Tax Lot 6200) (Jo. No. 88-09-1551.
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 a9rees to comply with all the standards of
the Sprin9field Development Code and Springfield Municipal Code which may be
applicable to this development project, including but not limited to, the following:
Construction in accordance with the Final Site Plan.
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 the
following specific. conditions imposed by the City as part of the Site Plan approval:
1. Installation of the circulation and parking area (paving) and the fence as shown
on the Final Site Plan shall be completed by October I, 1989. However, if the
Sprin9field Development Code is revised to permit a time extension for these
..improvements, the above mentioned date may be extended.
NOW 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
condi ti ons. . have been deferred to a 1 ater date in' accordance wi th Secti on 31.110 of
the Springfield Development Code.
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Site Plan Development Agreement
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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.
APPLICANT
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BY:
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BY:
STATE OF OREGON, County of L/1:ve
Oc", ,:"5<a< "7 ,l98 G. persona IIY appeared the above named
!<.c-ON"" '-1 C Sc."""r2. -, , who acknowledged the foregoing instrument to
be tnelr voluntary act. ~etore me:
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Notar:;-;,<lD-hnor uregon /
My Commi ss i on ex pi res J - +- - '12.
Site Plan Development Agreement
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CITY
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STATE OF OREGON, County of ~~GC
Oc-ru'16ll' J ,198~. personally appeared the above named
~#l"\<;Y.'1 .t Ac-rr , who acknowledged the foregoing instrument to
De tnel r. VOl untary act. ~etore me:
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Notary pUDI~egon
My Commission expires J- T- -97
Site Plan Development Agreement
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