Loading...
HomeMy WebLinkAboutMiscellaneous Plans 1963-8-26 ", ,\ . . J C) I I I, 10 I~' Mt:t-t'...St. SITE PLAN REVIEW DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this 2~MO day of JUNE. 1993 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City., and ~>>WB::.I"'/EZ.D~~/7 y ~~~. 7> ,) 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 17th day of June, 1993, the City approved the Modification of Site Plan Application submitted by the Applicant for the purpose of the following: CITY JOURNAL NUMBER 93-05-70. Modification of Site Plan Application requesting approval to install a fence, construct a wash bay, install landscaping and convert an existing building for use as crew quarters. The property is located at 1011 and 1013 Main Street, (Assessor's Map 17-03-35-41; Tax Lot 5700). The property is zoned Community Commercial is also designated for Community Commercial use in the Metropolitan Plan. WHEREAS, in consideration of a Modification of Site Plan Application 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 of the standards in the Springfield Development Code and the Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plari Review Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshall, 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 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 constructed/ installed as indicated on the Modified Site Plan prior to the final building inspection and/ or within days of the purchase of the right of way from the State of Oregon. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 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 the RECITALS prior to the occupancy, unless certain conditions 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 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 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 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 the 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 approves becomes null and void if construction does not commence within one year of the date of the agreement. ." '.. . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first hereinabove written. APPLICANT 6-22-73 Date BY:-=~~r /'O~ - BY: STATE OF OREGON, County of ~ ..J1N,u _ :L:J-, 1993, Personally appeared the above named t:;;J;;/il'l nil VI ile. !kaA , who acknowledged the foregoing instrument to be their voluntary act, Before me: ". OFFICIAlSEAl~;P~ 0< ~j~ ;', I JANICE L JAMISON - . " . NOTARY PUBLIC-OREGON r ry Public for Oreg C COMMISSION NO.Ol9958 MY OMMISSION EXPIRES DEC. 18, 1996tly Commission expires I a-; Inti&> i,r'7-?'Q3 BY: M .J.I:J f CITY Date STATE OF OREGON, County of LtwLL- ~~ 2.3 .' 1993: Personally appeared the above named ~rLu:t, M tV u f I , who acknowledged the foregoing instrument to be their voluntary act, Before me: I. OFFICIAL SEAL , \ JANICE L JAMISON ",' ,/ NOTARY PUBLIC-OREGON l ',' COMMISSION NO.Ol9958 MY CO~IMISSION EXPIRES DEC. 18. 1996 ~:Y~I~f~ My Commission expires 'Mid q(P