HomeMy WebLinkAboutAgreement APPLICANT 7/2/2010
City of Springfield
" Development Services Department
225 Fifth Street
Springfield, OR 97477
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-Date Received' -r Iffi 0 SPRINGFIELD
Planner: OK 1 (vii ~ lJ&...
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MINIMUM DEVELOPMENT STANDARDS
Development Agreement
This DEVELOPMENT AGREEMENT', hereafter "Agreement" is entered into this ..2n cL day Of~
2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Monroe
Hughes, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC"
5.15-125 and 5.1-125.B.
RECITALS
WHEREAS, on the 1 st day of June, 2010, the City approved the Minimum Development Standards, hereinafter
"MDS" application submitted by the Applicant for tQe purpose of the following:
CITY CASE NUMBER DRC2010-00012, Type I MDS application, requesting approval to expand their auto
sales onto the southern portion of the site. The pr.operty is located at 122 36th Street in Springfield, Oregon
(Assessor's Map 17-02-31-42, Tax Lot(s) 4100).
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 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 July
1,2010.
2. All conditions as specified in the MDS DRC201 0-00012 Decision, dated June 1, 2010 must be fulfilled
prior to issuance of the Final Occupancy Permit.
3. No building or structure shall be occupied until all improvements are made as specified in this Section,
unless otherwise permitted in Section 5.17-150.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A
PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS:
II
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.
.
.
" 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 ttie 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 ~nd 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 DRC2010-00012 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
APPLICANT
L0u::J
Date
2010
0uck
STATE OF OREGON,
o c...I? L 0
Before me:
ounty of Lane,~ ~ , 2010. Personally appeared the above named
c.nc.Y , who ack,ledged the foregoing instrument to be his voluntary act.
OFFICIAL SEAL
11THI'll E REEDER
NOTARY PUBLlC.OREGON
COMMISSION NO. 443126
MY COMMISSION EXPIRES OCT 4, 2013
Notary Public f 0 egon
My Commission Expires ~
PROPERTY OWNER
7-2 -1('7
Date
By: >>J~~~
,?-
GON, County of Lane, ,2010. Personally appeared the above named
, who acknowledged e foregoing instrument to be his voluntary act.
..
"WJ
OFFICIAL SEAL
11THI'll E REEDER
NOTARY PUBlIC.OREGON
COMMISSION NO. 443126
M'f COMMISSION EXPIRES OCT 4, 2013
2 of 3
.
"
CITY OF SPRINGFIELD
\ Jlt\j~ .2rJ 0-{)/O
Dat
.
By 'rxp ~
STATE OF OREGON, County of Lane~ 2- ,2010. Personally ap'peared the above named
Deyette Kelly, Development Services Depa ent Planner Aide, who acknowledged the foregoing instrument
to be her voluntary act. Before me:
.
OFFICiAl SEAL
DTNKY' E REEDER
NOTARY PUBLIC-OREGON
COMMISSION NO. 443126
MY COMMISSION EXPIRES OCT 4, 2013
Notary Public Or gon
My Commission EXPires~
3013