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HomeMy WebLinkAboutPlan Review Miscellaneous 1989-11-22 J' .-. -- AdJ, - SITE PLAN REVIEW DEVELOPMENT AGREEMENT ,"",/"", 11'./1 THIS( DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this ",.l. ,- day of ,\):'.;(~/~o:,;-i!2 , 1989 (the "Effect.ive Date"), by, and between the CITY OF SPRINGFIELD, hereinafter "City", and c:,G/(.'G',;. ,A V.J.,";q;i'~,\~ , hereinafter "Applicant", in accordance with SectiDn 31.090, and SectiDn 3.070(3), 3.080(3), 3.090(3), and 3.100(3). REC ITALS * WHEREAS, on the 21st dai of November, 1989, the City approved the Final Site Plan Application submitted by the Applicant fDr the purpose Df allDwing: The placing of 4 unattached storage boxes at lsnn Main Street, Royal Villa Apartments, and 1526 Main Street, Royal Chateau Apartments (two on each lot) (Assessor's Map 17-03-36-32, Tax Lot 2600 and Tax Lot 2700) Journal Number 89-09-166. 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 all the standards of the Springfield Development Code and Springfield Municipal CDde which may be applicable tD this develDpment project unless mDdified Dr 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 Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code SectiDn 31.090, Applicant agrees to comply with the follDwing specific conditions imposed by the City as part of the Site Plan approval: 1. The storage units must be placed as shown in the Final Site Plan dated 11/21/89. 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 accDrdance 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 tD a later date in accDrdance with Section 31.040(4)(b) of the Springfield Development Code. 4. MODIFICATIONS. The applicant agrees not to modify the approved Final Site Site Plan Development Agreement 1 ...F .. .- Plan without first notifying the City. Modifications to the Final Site Plan shall be reviewed in accordance with Section 31.100 Df the Springfield Development CDde. 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 cDntinuing 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 SectiDn 32.070 of the Springfield Development Code. (cl Parking lots shall be maintained by the prDperty Dwner or tenant in a conditiDn 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 additiDn 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. /1/;2../0'1 uate APPL I CAN,~/ , " ,.-:>~ A Q' . .~../" '/ ~ Ij - //" /-, /.j:')" ,...-r/' , . l.:.......,... BY: __~.' ~_ Lp......;_...,.._ -- - /~ BY: STATE OF OREGON, County of LAfJe: N O,Jr::;r1C,etl :J.-2. , 1987 . Persona 11 y appeared the above named (";'~.::a A- Vo.!.<.-H'a../..,- , who acknowledged the foregoing instrument tD be the; r vo 1 untary act. Before me: ~ ) Not41C t:<$ ,..., ~ ,-..., My Commission expires j - '-r -'1'e Site Plan Development Agreement 2 ..--~' . .. .~ '/;-'7 Ie" 1 ~ / ~'I uate STATE OF OREGON~ County of r0-:;:)G!,,,ic,02 AI. 198"1 . C-f2~'-(!l ,\ ,"-;o;r be -their voluntary act. CITY , =1.1\ BY: (~<;;!-;,-'\J'\,\..~ Ue~lo~n~ode Administrator L hfJ~ Personally appeared the above named . who acknowledged the foregoing instrument to Before me: /2 // Notary PclJb l4=C for 'Oregon' My Commission expires 1-- ~ -crl Site Plan Development Agreement 3