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HomeMy WebLinkAboutBuilding Miscellaneous 1991-7-9 ,.' . . SITE PLAN REVIEV DEVELOPMENT AGREEMENT 1!.1.. THIS ,DEVELOPMENT AGREEMENT, hereinafter "Agreement", is entered into this ; day of 0uLf1 , 1991 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "Ci ty", and Rollie Korinek, hereinafter "Applicant", in accordance with Section 31.090, and Sections 3.070(3), 3.080(3), 3.090(3), and 3.100(3). RECITALS VHEREAS, on the 28th day of June, 1991, the City approved the Site Plan submitted by the Applicant for the purpose of allowing: CITY JOURNAL NUMBER 91-03-33. Type I Site Plan Modification to consider the construction of a proposed professional office. The original application, Jo. No. 90-05-87 was a Type II Site Plan which was approved but never finaled. At that time, .the applicant's intention was to live in the existing house located at. 2525 GamlO!'Farm ; .<RO~~ (Tax Lot 6900, Assessor's Map 17-03-22-44) and build an approximately 1,000 square foot addition to be used as a real estate office. That proposal included the vacant lot to the south (Tax Lot 7000). This request is for a modification of the original site plan to exclude Tax Lot 6900 and have the proposed home/real estate office built on Tax Lot 7000 only. VHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with all the standards of the Springfield Development Code and Springfield Municipal Code which may be applicable to this development project unless modified or excepted by the Site Plan Review Development Agreement, Planning Director, Planning Commission, Building Official or their agents, or the Fire Marshal, which modifications or exceptions shall be reduced to writing. VHEREAS, in consideration for Site Plan approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Applicant agrees to comply with the following specific ~onditions imposed by the City as part of the Site Plan approval: 1. All improvements must be constructed/installed as shown on the Final Site Plans dated June 28, 1991. 2. Signing and recording the dedication of right-of-way for Game Farm Road (35 feet from centerline). 3. Signing of an annexation agreement. 4. The signing and recording of an Improvement Agreement for Game Farm Road. 5. A Facilities Permit from Lane County for the new driveway on Hayden Bridge Yay. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS VHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOVS: Site Plan Development Agreement 1 . . 7., AGREEMENT- 1. FINAL SITE PLAN. The applicant has submitted a Final Site Plan in accordance with Section 31.080 of the Springfield Development Code. 2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in RECITALS prior to occupancy, unless certain standards have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in RECITALS prior to occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.040(4)(b) of the Springfield Development Code. 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 accordance with Section 31.100 of the Springfield Development Code. 5. MAINTAINING THE USE. The applicant agrees to the following: (a) The building and site shall be maintained in accordance with the provisions of the Springfield Development Code in order to continue the use. (b) It shall be the continuing obligation of the property owner to maintain the planting required by Section 31.140 of the Springfield Development Code in an attractive manner free of weeds and other invading vegetation. In addition, plantings in the vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance with Section 32.070 of the Springfield Development Code. (c) 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 these standards. of trash shall not (d) Undeveloped land and stored materials be used for parking. within the development area shall be maintained free in a mowed and attractive manner. Undeveloped land 6. 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), Applicant agrees that City may enforce Applicant's responsibilities by withholding Applicant's Final Occupancy Permit,' and terminating any Temporary Occupancy Permit which may have been granted. 7. Any Final Site Plan approved becomes null and void if construction does not commence within two years of the date of this Agreement. IN VITNESS VHEREOF, the Applicant and the City have executed this Agreement as of the date first hereinabove written. Site Plan Development Agreement 2 r,' ~ 1,,1. 1/71 Cf/ Date STATE OF OREGON, County of du 1.-1 q , 1991- Q~'-/l('Jo I!. k CiI!,-JliU be their voluntary act. 7.{O'Cff Date STATE OF OREGON, County of St.-'l'o:I"I"!./ , 1991. G",r~ M. J::4r-.c> be thefr voiuniary' act. . . APPLICANT.) ~~ ~ /! ,.'[Y." BY: /)t';i #nu~j) BY: L/tNe: Personally appeared the above named , who acknowledged the foregoing instrument to Before me: - / K NotarY~~f Oregon My Commission expires :S-'f--'?L /K CITY "L/7' BY:/ -h- P~ning Manager LANe Personally appeared the above named , who acknowledged the foregoing instrument to Before me: .,(J. / /J (l. -'1,1 ' OFi=IC:/"L SEAL f ~ C:-. f'J(;~ ~!CKA"~i) E.. f.'l'~~;!;,:.;::Y . , ~WTp.;;,{ P~:211C - C;f:~::,';'; Notary Public for Oregon cor..,;;\',!.SS!C'i"j i",.I;.). ;;~~',..:.~,~ /!''i[:D.\~~;;3,tJH".P,;;:;'':T:,F~ ..~ My Commission expires ~f-:S,lq'1<1 Site Plan Development Agreement 3