HomeMy WebLinkAboutMiscellaneous APPLICANT 6/30/2009
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
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SPRINGFIELD
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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
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'~ 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
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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
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Notary P blic for Oregon
My Commission Expires :3 /Its / / )
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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:
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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
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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
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OfFICIAL SEAL
DeVETTE KELL V
NOTARYPUBUC-OREGON
COMMISSION NO, 420351
MY COMMISSION EXPIRes AUG. 15. 2011
Case No, DRC2009-00011
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Date Received:~
Planner: ~M
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