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HomeMy WebLinkAboutMiscellaneous APPLICANT 6/30/2009 ,\ City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 . . SPRINGFIELD ~- SITE PLAN REVIEW Development Agreement This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this'?i:JfLday of r1rml, 2009 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Joh~ncy Ash hereinafter "Applicants," in accordance with the Springfield Development Code, hereinafter "SDC" 5,17-140 and 5.1-130 D. RECITALS WHEREAS, on the 24th day of June, 2009, the City approved the Final Site Plan, hereinafter "SPR" application submitted by the Applicant for the purpose of the following: CITY CASE NUMBER DRC2009-00011, Type I SPR Minor Modification application, requesting approval for Construction of a 5,475 square foot building with 9,348 square feet of surrounding paving, The property is located at 2187 South F Street, Springfield, Oregon (Assessor's Map 18-03-01, Tax Lot 3800), WHEREAS, in consideration for SPR application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.17-140, 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 reduced to writing. WHEREAS, in consideration for SPR approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.17-140, the Applicant has agreed to comply with the following specific conditions imposed by the City as part of the SPR approval: 1. All improvements must be constructed/installed or bonded as shown on the Final Site Plan, dated June 24, 2009. 2. All conditions as specified in the SPR DRC2009-00011 Decision, dated May 22, 2009 must be fulfilled prior 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 SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with SDC 5.17-135. 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 Site Plan without first notifying the City. Modifications to the Final Site Plan' shall be reviewed in acc rdance with SDC 5.17- 145. Case No. ORC2008-00017 Date Received: Planner: LM o Or 1013 . . '~ 5, MAINTAINING THE USE, The Applicant agrees to the following: a, The buildings and site shall be maintained in accordance with the provisions 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 Site Plan approved becomes null and void if construction does not commence within two years of the date of this Agreement. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT a,A./'J.. 3 0 .' c'J U~ J ,/ , ,/ / Date V /~''J ~. ..' l,i '\... By:l' "" L_'hh .-' / I, <' //109 'Jf ,i /'tvi' J() i UJ Date L./' / B/),1ccn OJ avjl1 / i STATE OF OREGON, County of Lane~ ':30 ,2009. Personally appeared the above named John Ash, who acknowledged the fore . g instrument to be his voluntary act. Before me: ., OFFICIAL SEAL . DEVETTE KELL V --,,' NOTARYPUBLIC.OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG, 15,2011 G Notary P blic for Oregon My Commission Expires :3 /Its / / ) I STATE OF OREGON, County of Lane, Nancy Ash, who acknowledged the for , 2009, Personally appeared the above named ing instrument to be his voluntary act. Before me: . OFFICIAL SEAL DEVETTE KELL V NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15. 2011 Notary P lic for Oregon My Comm;";,, E><p;~, q If!) II I G k {O'(,., Date Received: /7 0 Planner: LM Case No, DRC2009-00011 . . it( 10- ;; By: 0f ft,(J/tpj,L ~;{1. , STATE OF OREGON, County of Lane, /1;[,f'L{ 30 ,2009. Personally appeared the above named Elizabeth Miller, Development Service epartment Planner I, who acknowledged the foregoing instrument to be his voluntary act. Before me: ......_.~a"~,.T_~ ~'~.,'~'~-- Notary P ic for Oregon My Commission expires 9 /;.:r/ II f ' OfFICIAL SEAL DeVETTE KELL V NOTARYPUBUC-OREGON COMMISSION NO, 420351 MY COMMISSION EXPIRes AUG. 15. 2011 Case No, DRC2009-00011 i , ~~I /lef Date Received:~ Planner: ~M 3013