HomeMy WebLinkAboutPlan Review Miscellaneous 1989-12-12 ''- . . A-d&. I' \ "\ SITE PLAN REVIEV DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is en tered into this /2. 1/1... day of QsrG;o'1t!.~ ,1989 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "Ci ty" , and Improved Products, Inc. , hereinafter "Applicant", in accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS VHEREAS, on the 25th day of September,1989, the Ci ty approved the Final Si te Plan Application submitted by the Applicant for the purpose of allowing: Type I Site Plan requesting approval of products manufacturing. The location Assessor's Map 17-02-30-34, Tax Lot 6700. an existing building to be used for metal of the property is 3385 Olympic Street, (Journal Number 89-09-158). 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!o comply with the following specific conditions imposed by the City as part of the Site Plan approval: 1. All improvements must be constructed/installed as shown on the Final Site Plan dated 9/25/89. 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 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 conditions have been deferred to a later date in accordance with Section 31.040(4)(b) of the Springfield Development Code. Site Plan Development Agreement \ r . . '. 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. /~?-~-17 Date APPLICANT ?/l " BY: & /.k.~___/_~ . / BY: STATE OF OREGON, County of D~~M g ~ J) , 19B':/-' j)f) 0 U ~OPrLI~ - be their voiuntary act. LI'tN~ Personally appeared the above named , who acknowledged the foregoing instrument to Before me: ~- /'L Notary P~cd'or- Oregon My Commission expires J - '-t - 9 2 Site Plan Development Agreement \ . . . CITY 08-l:;f/I~gyz n 19G9 Date ' ~ Code Administrator STATE OF OREGON, County of ~ ~~~~ I~, 19~. Personally appeared the above named . ~~,<2.i ,r ~<>7T" , who acknowledged the foregoing instrument to be their vo untary act. Before me: _ ~ ~ ~ NotarY~i Oregon My Commission expires J- ~- 9 'L Site Plan Development Agreement \