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Home My WebLink AboutPlan Review Miscellaneous 1995-12-7 .. , SITE PLAN REVIEW DEVELOPMENT AGREEMENT 7,c This DEVELOPMENT AGREEMENT, ; .eI"",F.er "~reement," is entered into this clay of J)fFc 61J /3 r-!? , 1995 ( the "Effective Date'1 by and between the CITY OF SPRINGFiELD, hereinafter "City" and So rl,J '?I/--IIJ J~ ' hereinafter "applicant," in accordnce with Section 31.090'and Sectioris 3.070(3),3.080(3), 3.090(3) amd 3.100(3). RECITALS VIoHEREAS, on the 6th clay of December, the City approved the RnaI Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER 95-10-184. Type II Site Plan Review Application requesting approval to construct an 1800 square foot building for truck repair and storage and a manufactured home for nightwatchman's quarters. The property is located at 3325 Olympic Street (Assessor's Map 17-02-30-34, Tax Lot 6800). The t"ut'''';Y is zoned UghtlMedium Industrial (LMI), and designated LMI in the Mid-Springfield Refinement Plan and the Metro Plan. VIoHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Develut""'" ,; Code Section 31.090, Applicant agrees to cx:mply with all of the standards in the Springfield Devel", ...... ,( Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development ~reernent, Develoment Services Director, Planning Commission, Building Official or their agents, or the Rre Marshall, which modifications or ",,,,,",...~ons shall be reduced to writing. VIoHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Devel"",.. ,'" ,; 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. All improvements must be constructedlinstalled as shewn on the RnaI Site Plan (except replacing the existing mobile home with a manufactured home) prior to the final building inspection for the garage facility. 2. All conditions specified in the Notice of Decision must be fulfilled. (a) install all landscaping as indicated on the site plan (b) pave driveways THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VIoHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPUCANT AGREE AS FOLLOV'vS: 1. FINAL SITE PLAN. The Applicant has submitted a Rnal Site Plan in acoordance 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 the RECITALS prior to the ~ .. occupancy, unless certain conditions have been deferred to a later date in acoorclance with Section 31.110 of the Springfield Devel"'t"'ICI,1 Code. 3. CONDITlONS. 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 Section 31.110 of the Springfield Development Code. 4. MODIFICATIONS. The Applicant agrees not to modify the approved RnaI Site Plan without first notifying the City. Modifications to the RnaI Site Plan shall be reviewed in acoorclance 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 auuu,Jc.nce with the provisions of the Springfield Devel"",., oent Code in order to continue use. (b) It shall be the continuing obligation of the property C7oNI1er to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of weeds and other invading ..~(.,.;jon. In addition. p1antings in the vision dearance area shall be trimmed to meet the 21/2 foot height standard in auuu,Jc.nce with Section 32.070 of the Springfield Develot'" ,'" ,; Code. (c) Undeveloped land within the devel",t" I o:..,i 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 (induding but not limited to penalties provided by applicable State Law or City Ordinances), Applicant agrees the City may enforce Applicanfs responsibilities by withholding Applicanfs RnaI Occupancy Permit, and terminating any T b., 't^" oty Occupancy Permit which may have been granted. 7. Any RnaI Site Plan approved ~,0:.3 null and void if construction does not commence within one year of the date of the agreement. .- IN VV1TNESS VIoHEREOF, the Applicant and City have executed this ~reement as of the date first hereinabove written. APPUCANT 0i{U1m 'l l!();5 Date '=I:lV. BY: STATE OF OREGON, County of tl)tl1U-- ~. 'I / )' 1995. Personally appeared the above named ~ _ rvtM1..L- . who acknowledged the foregoing instrument to be their (fntary act. ~re me: (). r--~<-'~~~~;C;;~';~1:~1~ J)j-1~'on In (}lJ7tlll!J ~ .i!f:~' N~~~~yR~Jhif ~R~Gorl_~) Notary Public for Oregon ' -'i.~' COMI.IISSION NO. 015700. ~ . "" MY COMMISSION EXPIR[S Jl!lY 14. 1!lJi ':, My Commi' . 1-; t! /J / . - - ---~~~ ... Ha<'~<~<' SSlon exptres .,- I (P' ~...'-., <"..,..<;.A--~~'W CITY iku/CtE'l'w295 BY: '- ~~L~' Date STATE OF OREGON, County of cXb 0 jju / L (195. Personally appeared the above named ~ztu1U17~ ,who acknowledged the foregoing instrument to be hislher ~~~~:~_~:e ":------.-t a'L~ 'en, )nlhaJ1?f · . OFFICIAL SEAL ' Notary Publ' for Or - J 'It SANDRA M Me NALLY : IC egon ' ! NOTARY PUBLIC. OREGON '. :, ; . COMMISSION NC, 015766 '; 1 j' I 4/ L.--::Y~~~I~~~~~[~~;~~~~}J My Commission expires - Lf - Ib '... ~,. 9S6~748 IMPROVEMENT AGREEMENT IN CONS !DERATION of the covenants herei n reci ted, the Ci ty of Spri ngfi e 1 d, herei nafter referred to as City, and .::f3r1.., ()A, 'I,./e hereinafter referred to as Applicant, do covenant and agree as follows: WHEREAS Applicant desires Development Approval from City; and WHEREAS, any future development within Ci~ or within City's Urban Growth Bound?ry locat~d in Lane County will cause both an irnmedi'ate and long-term demand on the varlOUS publ1C facilities of City and Lane County: NOW THEREFORE, App 1 i cant and Ci ty agree to the fo 11 owi ng schedul e of pub 1 i c facil ity improvements and respective cost assumption poliCY: ? ..-,/21:-( (' 7 -' STREET IMPROVEMENTS along the frontage of cJ J I' I1c ET to i nc 1 ude: ('-)/surface pavi ng: ( /,)- storm sewers: ("-t sani tary sewers: ( '"Ycurbs; (0' gutters; (") planter stri ps : ( '-r'street trees: (v-street 1 i ghts ; (~1- s i dewa 1 ks . TRAFFIC SIGNALS at the intersection of 10.1'6.9EG nt ~ "'1C""'~1r'r.t'"' c:' 00 !QZ~DEC:bt'95"06PFOND 10:00 OTHER IMPROVEMENTS LEGAL DESCRIPTION: (Place here or see Attachment A) -;?!L' {dJ" <;"1 ~ of lOT /'. i7Lo~ ~c ":: .:); '1' '5- ~ 1,'1 rrz:CtJ /1"'..:1 i"':C~o,10'--C.o /,c' ;- ", /-1 :"?' ' 1;/ ')?'_._ c( / I ,,-;' ('; "r'V ().? "--'1' '-' ,oJ / ?/I T /'-~ ("d_fa J1 j!:.-I Iv~~ . t.l;,....vf I . . ;::(~'rl /Td.o: ';0,.) ;; /l/JA1A.S' L,I,,,L,,,.,,,, e. Is' tAJe.. .;:J, L.4 M-e. C ci ""r; I oRiF 60""; ADDITIONAL INFORMATION: ,j] :):)"- QL '1rv'/1, C ~I 5;1'1J'5-&t,; ol!. /7- ();l- .10- "[If C /',(tlO Property Address 'v I ' Tax Lot No. IT IS UNDERSTOOD that this agreement is enforceable by the State of Oregon, Lane County or City. IT IS FURTHtR UNDERSTOOD that App 1 i cant agrees to sign any and all wa i vers, pet it ions. consents and all other documents necessary to obtain the above listed improvements under any improvement act or proceeding of the State of Oregon, Lane County. or City as may be proposed or adopted by the State of Oregon. Lane County or City and to waive all right to remonstrate against such improvements, but not the right to protest the amount 'or manner of spreading the assessment thereof. if the same shall appear to Applicant to bear inequitably or unfairly upon said property of Applicant: NOW THEREFORE, City agrees that Applicant's execution and performance of the terms of this Agreement will be deemed to be in compliance with City's policy pertaining to improvement requirements, and if Applicant complies in every respect with all other applicable laws of the State of Oregon, Lane County and City, the said Applicant shall be entitled to Development Approval; and IN ADDITION, it is the intention of the parties hereto that the covenants herein contained shall run with the land herein described, and shall be binding upon the heirs. executors, assigns, administrators, and successors of the parties hereto. and shall be construed to be a benefit and a burden upon the property herein described. This Agreement shall be recorded in the Lane County Deed Records, WHEREFOR~~ ,the p,~,~;s have. s:t their hand and seai th:iS ~~o _ .-l1ll'i=,,z, By l\ (.L,l ,---'''),l~W.-t.l_' ~~~. ' U1 rectar ot Pub 11 c Works ,~)p I i cant c..---- - STATE, OF OREGON ) By I )SS App 11 cant COUNTY OF LANE ) 19K On th is ,'-) day of ].-h C- before me and s i,gned the above document. N'~~ '/o-B'L1C j) Z"tt~& -- , . ' My Commi ss ion Expi res b~.) b -- 'l " 19S?-S. .the above applicant personally appeared ..'."....__.,r.~...___ , .' OFFICIAL S5AL , ELKE 0 LITTLE ; NOTARY PUBLIC, OREGON ....... COMMISSION NO, 035286 . ... MY COMMISSION EXPIRES JUNE 21>, 1998 RETURI1 TO: CITY OF SPRINGFIELD PUBLIC WORKS DEPT, .225 FIFTH STREET - SPRINGFIELD, OREGON 97477 ~, ...-..'''' .. ~5f)~'(48 \ State of Oregon County of Lane - 55. L the County Clerk. in and for the said County, do hereby certify that the within instrument was received for record at b SEe C]j 9: P Reel 2120R Lane County OFFICIAL Records Lane County Clerk By, a;fJ A.--LJ~ County Clerk