HomeMy WebLinkAboutAgreement APPLICANT 11/2/2010
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Cit -~ of Springfield
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 2.-q-l-h day of D~1O (the
"Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and Dorman-Glenwood, llC,
hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and
5.1-125.B.
RECITALS
WHEREAS, on the 23rd day of September, 2010, the City approved the Minimum Development Standards,
hereinafter "MDS" application submitted by the Applicant for the purpose of the following: .
CITY CASE NUMBER DRC201 0-00020, Type I MDS application, requesting approval for a change of use to
used auto sales with a paved parking lot. The property is located at 1415 Mississippi Avenue in Eugene,
Oregon (Assessor's Map 17033443, Tax Lotts) 9300).
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 ard 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
10/27/10.
2. All conditions as specified in the MDS DRC2010-00020 Decision, dated September 23, 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:
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 ih the RECITALS prior to occupancy, unless certain conditions have been deferred to a later date
in accordance with SDC 5.17-150.
Date ReceiVed) II J./'O
Planner: LM I
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i.<4.~ MODIFICATIONS.
notifying the City.
The Iii cant agrees not to modify the approl Final Plot p'lan withou~ first
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 Plot Plan approved becomes null and void if construction does not commence within 90 days
of the MDS DRC2010-00020 Decision.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein
above written.
PROPERTY OWNER (for Dormar-Glenwood, LLC)
QrXhb.t/l/ -'Cf, :.2.0/0 By: ~....) t". };;".... L
Date ' .
STATE OF ORE$30N, County of Lane, D~~ 2-'1,2010. Personally appeared the above named
NorfY/ItIJ 17i11oflefDor'mlk.- , who acknowledged the foregoing instrument to be his voluntary act. Before me:
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. OFFICIAL SEAL ~ 'IM/
DEVETTE KELLY Notary ~r o1!i!! d-
.' . , NOTARY PUBLIC - OREGON
COMMISSION NO. 420351 Q /, ./;
MY COMMISSION EXPIRES AUG. 15,2011 My Commission Expires o/IS/ I (
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CITY OFm:;FIELD
II L 0
Date
By: !lit, uh~ fM L -&11 ~~
S~ATE OF OREGON, County of Lane, fJDVlM'rxA-- t, 2010. Personally appeared the above named
LIz- IVlI'/tu" , Development Services Department Planner I , who acknowledged the foregoing instrument
to be j)is"Voluntary act. Before me:
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. OFFICIAL SEAL
DEVETTE KELLY
. NOTARY PUBLIC - OREGON
. COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
My Commission expires
2012