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HomeMy WebLinkAboutPlan Review Miscellaneous 1989-12-29 V - ,. rJ .,.. . .~ frdd · BOTTOM Site Plan Development Agreement , SITE PLAN REVIEV DEVELOPMENT AGREEMENT day of '\\o"\L~&r, 1989 (the "Effec,t..ive Date") by and between the CITY OF SPRINGFIELD, hereinafter "City", and '\..;r\10, (-;'Cp-e" -f>V , hereinafter "Applicant", in accordance with Section 31.09~ ana Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS -;~\ \ , VHEREAS, on the 20 day of ue.ce.M.~ , 19~ the Ci ty approved the Final Site Plan Application submitted by the Applicant for the purpose of allowing: CITY JOURNAL NUMBER 89-12-205. existing house as a residence and location of the property is 1790 Map 17-03-36-31, Tax Lot 1500. Type I Site Plan requesting approval to use the the warehouse for sales of apartment supplies. The Main Street and 140 No'rth 18th Street, Assessor's VHEREAS, 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 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. VHEREAS, 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: Refer to the Final Site Plan dated ----. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOVS: AGREEMENT 1. FINAL SITE PLAN. The applicant has submitted', a Final Si,te 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 r! ,-, ' '. . . 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 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 condition free of litter or dust, and deteriorated pavement improved to maintain conformance with these standards. owner or tenant in a conditions shall be (d) Undeveloped land of trash and stored materials shall not be used for parking. within the development area shall be maintained free in a mowed and attractive manner. Undeveloped land 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 VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. . ::~r" rWMA -' ) BY: '4t'v STATE OF O~GON, County of 'r,\) f\v . \)~ C', , ~0\ ,19m. -Personally appeared the above named \.l.{\ l (--.'V\"l("'\'P.'1 , who acknowledged the foregoing instrument to be th~ voluntary act. :efore me:b l. ~~ ~ ~~~\O('\ ~~~ Br \lo.qO D~~\~\1~ - , . ~I' . , . . ,~ ... . ..-. . .\.,.' \. c " .' ..-.' - . . Notary Public for Oregon My Commission expires \ 7-J?-Ol /r.;q Date CITY BY:(~M~'" ~l~\J\ D~Je~6E~~ Code Administrator' ~TE OF OREGON, County ofK~ ~'(\.. 9.C\. ,198:- Personally appeared the above named .flo f\Cra..1 , ?-.... ffi~ , who acknowledged the foregoing instrument to be thei-r) vol\!j1tary act, Before me: \ uSQ) \ ,_ ~~Nl )If) Notary Public for Oregon ' \ ~ My Commission expires P, - \ ~- q c) " . '"