HomeMy WebLinkAboutPlan Review Miscellaneous 1988-10-20
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this 2<> 't'VI
day of~ . 1988 (the "Effective Date") by and betweentheCIIYu~
SPRINGFIELtj, nerelnatter "City", and Charles F. Richey, hereinafter "Applicant", in
accordance with Section 31.090, and Section 3.070(3), 3.080(3), 3.090(3), and
3.100(3) .
RECITALS
WHEREAS, on the ~ day of~ 1988, the City approved the Final Site Plan
Application submitted by the Applicant for the purpose of allowing:
Type I~' lan approval~arking and circulation area paving. The site is
located t 3494 Olympic Street (Asse sor's Map 17-03-30 Tax Lot 1911. Journal Number
88-09-1 "---__ .
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 Code which may be
applicable to this development project unless modified or excepted by the Site Plan
Review Development Agreement, Planning Director, Planning COllll1ission, Bui.lding
Official or their agents, or the Fire Marshal, which modifications or exceptions
sha 11 be reduced to wri ti ng.
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 the following
specific conditions imposed by the City as part of the Site Plan approval:
No additional conditions.
NOW 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 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 31.110 of
the Springfield Development Code.
~;T~ Pl~n n~VP'nnmpnt Anrppmpnt
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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 TIlE 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 owner or tenant in a
condition 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 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 WITNESS WHEREOF, the Applicant and the City have executed this Agreement as of the
date first hereinabove written.
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APPLIC~;~~,/y /'
BY: ~_
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BY: .
ST~E OF OREGON, County of .x~
([/~ /q ,198 ~. persona Ily appeared the above named
rVuAAd WdA~ -, who acknowledged the foregoing instrument to
oe-ifiefr vollJntarjvact. lJeTOre me: "7?;~ ;::~
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My Conuni ss i on expi res 3- /J 7 h /
16/2.67-"'5l".l
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CITY
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BY:~~~~/~\~..\
ue~ I o~rit.3>oe Aaiin n"1 s tra tor
STATE OF OREGON, County of LAtJ~.
o C'Plg~ )...0 , 198$ . persona I Iy appeared the above named
Ci:-@5~OtJ.. ~ /,,"'TT' - ,who acknowl edged the foregoi ng instrument to
De tnelr VOluntary act. lJeTore me:
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Notar~D 1&~UI'" y. ,,~"n
My Commission expires J - If. 97..
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