HomeMy WebLinkAboutAgreement PLANNER 10/28/2008
;1"
, City of Springfield
.' Development Services Department
225 Fifth Street
Springfield,OR97477
MINIMUM DEVELOPMENT STANDARDS
Development Agreement
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This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this) Q t 'L- day of llWJQ(2008 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and James Voss, hereinafter
"Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B.
RECITALS
WHEREAS, on the 23rd day of October, 2008, the City approved the Minimum Development StandC!rds,
hereinafter "MDS" application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2008-00065, Type I MDS application, requesting approval and open air deck
addition with associated improvements. The property is located at 5094 Main Street in Springfield, Oregon
(Assessor's Map 17023332, Tax Lot(s) 3500, 3600 and 3801).
WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance
of an Occupancy Permit, as specified in SDC 5.15"125, the Applicant agrees to comply with all of the
standards in the SDC and the Springfield Municipal Code that may be applic~ble to this development project
unless specifically modified or excepted by this Agreement, the Dev~lopment 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 5.15-125, 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 Plot Plan, dated
10/27/08.
2. All conditions as specified in the MDS DRC2008-00065 Decision, dated 10/23/08 must be fulfilled prior
to issuance of the Final Occupancy Permit.
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 Plot Plan in accordance with SDC 5.15-125.
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 approval required by the City
listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to a later date
, in accordance with SDC 5.17-150. '
a. The buildings and site b, ...11 be maintained in accordance with the provisions of the SDC in order to
.' continue 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 man'ner. 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
SOC. '
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 been granted. .
8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 days
of the MDS DRc2008-00037 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT
IOIz,f'h;f<
Date
STATE OF OREGON, County of Lane, O:Jobvv 2$ . 2008. Personally appeared the above named James
Voss of Driftwood Bar and Grill, who acknowledged the foregoing instrument to be his voluntary act. Before
me:. OFFICIAL SEAL 1~/Kcl;~
. DEVETTE KEllY , .
'., 'i NOTARY PUBLIC - OREGON Notary blic for Oregon
, COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15,2011 0/ rj
My Commission Expires D;/v,' / J
By: ~40~
CITY OF iPRINiFIELD
10 ),1 flV
Date
By:
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. .
STATE OF OREGON, County of Lane, OClv/x.l- 2f ,2008. Personally appeared the above named Elizabeth
Miller, Development Services Department Planner I, who acknowledged the foregoing instrument to be his
voluntary act. Before me: " ~ ..." ,,_iLL' '~~
N~rOregon,;l
My commission'expires_g';l\/ iJ-
OFFiCIAL SEAL
DEVETTE KEllY
NOTARY PUBLIC-OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
'Date Received:J'a.. 2d Or
Planner: LM
2012
Case NO.DRC2007-000B2