HomeMy WebLinkAboutAgreement APPLICANT 6/30/2010
City or'Springfield 1
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~~Ot~day of r'}1111!-2010
(the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Grac.;18.Aii;ieida
hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and
5.1-125.B.
RECITALS
WHEREAS, on the 26th day of January, 2010, the City approved the Minimum Development Standards,
hereinafter "MDS" application submitted by the Applicant for the purpose of the following:
CITY CASE NUMBER DRC2009-00048, Type I MDS application, requesting approval of a Room & Board
Facility. The property is located at 275 South 701/1 Street in Springfield, Oregon (Assessor's Map 17023533,
Tax lot(s)05302).
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
reduced to writing.
WHEREAS, in consideration for MDS approval, the issuance of a BuildingPermit, 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 \he City as part of the MDS approval:
1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated
6/24/10.
2. All conditions as specified in the MDS DRC 20009-00048 Decision, dated 1/26/2010 must be fulfilled
prior to issuance of the Final Occupancy Permit. .
THEREFORE IN CONSIDERA:nON 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.
notifying the City.
The Applicant agrees not to modify the approved Final Plot PI
Date Received:
Planner: LM
Case No. DRC2009-00048
1013
"5.
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MAINTAINING THE USE:-rhe 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
SOC.
e Street trees planted in the right-of-way shall be subject to a two year warranty period as required by
the City of Springfield Engineering Design Standards and Procedures Manual Section 6.02.5.'
Trees shall be alive and in vigorous growing condition after two growing seasons.
f. All outdoor storage and trash receptacles shall be provided with sight obscuring screening and kept.
inside these enclosures as required by SDC section 4.4-110.
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 DRC2009-00048 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written. .
APPLICANT/OWNER
{,.- 3 0 --I. 'C
Date
By:
,4'.1'0'<> 16 ~
STATE OF OREGON, County of Lane, JUJ\L.- ~ , ,2010. Personally appeared the above named
~ !UYTL-t; 1..1\) of ~./ ,who acknowledged the foregoing instrument to be his voluntary act.
Before me: ~ Jb.-vrri.o
. BRENDA JONES
HOWl\' PUIUC . OREGON
COMMISSIOlIl NO. ~1..1.
MY COMMISSION EXI'IIlES MAY 'l1. 2012
/'
regon
My Commission Expires ~:r;..;;M I a--
Date Received:~
Planner: LM
Case No. DRC2009-00048
2 of 3
CINO):; SPRIN FIELD
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By: ( i~ d f1JJc tu, -f/J-liA/
STe-TE OF OREGON, County of Lane, J1U<.u;;" J ,2010. Personally appeared the above named
:: ~"1'tl.tkCtA" , Development Services Department Planner:r: , who acknowledged the foregoing
instrument to be his voluntary act. Before me:
. MINIM JON..
NOrAllY I'LIUC . 0IIfG0H
'"OMt1lSSlClN NO, 429141
MY COfMISSION ~S IMY f7 2012
My Commission expires ~ ~.~(';r
Date Received: &1 ~ol IV
Planner: LM
Case No. ORC2009-00048
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