HomeMy WebLinkAboutRecommendation Sheet PLANNER 1/13/2009
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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MINIMUM DEVELOPMENT STANDARDS
Development Agreement
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this rg"- day of Ou!'tIP/(L008 (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Tom Fie~~d, ~ereinafter
"Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B.
RECITALS .
WHEREAS, on the 20th day of November, 2008, the City approved the Minimum Development Standards,
hereinafter "MDS" application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2008-00073, Type I MDS application, requesting approval of a 1,330 sqaure foot
addition and 260 square foot deck. The property is located at 444 42nd Street in Springfield, Oregon
(Assessor's Map 17023200, Tax lot(s) 1000).
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 applicable to this development project
unless specifically modified or excepted by this Agreement, the Development Services Director, Planning
Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be
~~~~~. .
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
12/31/08.
2. All conditions as specified in the MDS DRC2008-00073 Decision, dated 11/20/08 must be fulfilled prio"r
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.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Plot Plan without first
notifying the City. . I I
5. MAINTAINING THE USE. The Applicant agrees to the following: Date Received: I {13 OJ
Planner: LM
a. The buildings and sit!all be maintained in accordance with I Provi~ions 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 manner. 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
SDC.
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 DRC2008-00073 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT
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By: '~..:..,_.
7~
STATE OF OREGON, County of-l.Mte; WI\;<:.r\ ,,,,[,'TO'-'
.)J\N'~, 2008. Personally appeared the above named Tom Fieland of Shadow Six, LLC, who acknowledged
the foregoing instrument to be his voluntary act. Before me: ../....-J.........-
.a~~ OFFICIAL SEAL "~//../' L
Q~:~'9EOWARDL.JONES // /" -/7 j
i\~j NOTARY PUBLIC. OREGON // /) .,/~
'Ss\,./ COMMISSior.! "0. 417835 /'.' a ~- .
MY COMMISSION EXPIRCoS JUNE 4.2011 ///./' Not ry-P IC for Oregon
. . r/ My Commission Expires 'l\)r-\eLt 7011
. ,
CITY IF SpriNGFIELD
I 13 ocr
Date
By:1~ff,fwL Ut. 111~
STATE OF OREGON, County of Lane,
Development Services Department Planner
voluntary act. Before me:
j./J) ,~. Personally appeared the above named
, who a knowledged the foregoing instrument to be his
. OFFICIAL SEAl
BRENDA JONES
,. NOTARY PUBLIC . OREGON
COMMISSION NO. 429141
MY COMMISSION EXPIRES MAY 27. 2012
My Commission expires 1'rt.t1y n dtJl'd-
Date Received:~
Planner: LM
2012