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HomeMy WebLinkAboutAgreement APPLICANT 2/8/2011 ,', -- '.. . . City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 MINIMUM DEVELOPMENT STANDARDS Development Agreement This DEVELOPMENT AGREEMENT, hereafter '''Agreement'' is entered into this "I ~"day of r <? \:'"o",r { 2010 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and John Erickson, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.8. ' RECITALS WHEREAS, on the 2nd day of December, 2010, the City approved the Minimum Development Standards, hereinafter "MDS" application submitted by the Applicant for the purpose of the following: CITY CASE NUMBER TYP11 0-00011, Type 1 MDS application, requesting approval to add an 18' x24' concrete pad, enclosed on three sides, and remove two parking spaces. The property is located at 1331 Market Street in Springfield, Oregon (Assessor's Map 17032533, Tax lot(s) 10200). 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. Include 5 bicycle parking stalls near the pli:mter boxes and/or near the front entrance. 2. All improvements must be constructedlinstalled or bonded as shown on the Final Plot Plan, dated December 2,2010. ~".. -,~. . ,- . - '.. "- 3. All conditions as specified in the MDS TY~110-00011 Decision, dated December 3, 2010 must be fulfilled prior to issuance of the Final Occupancy Permit. I 4. The proposed structure shall not be occupied until all improvements are made as specified in this Section, unless otherwise permitted in Section 5.17-150. ~[E@[EDm[Em W FEB 08 2011 W '- '6 '.I.{"" By Centennial Steakhouse 1013 . .. .1 .."\, THEREFORE IN CONSIDERATION OF THE I=OREGOING 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 te) 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 a<:cordance 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 oo:upancy, 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 Applicaint 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. 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 an~' Temporary Occupancy Permit which may have been granted. 8. Any Final Plot Plan approved becomes null and void if construction does not commence within gO days of the MDS TYP110-00011 DE!cision. That date shall be the date this Development Agreement is signed. Centennial Steak house 2013 , '. . . IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT I ' -:2 / if 26 I ( D~te I STATE OF OREGON, County of Lane,';< l 'i? _' 2011. Personally appeared the above named John Erickson of Big Sky Hospitality, who acknowledged the foregoing instrument to be his vOluntary act. Before me: By: < I) OFFIClALSEAL , j tIOT~~' " COMMISSION Nll453974 IIfCOWISSIOllEXPIRIS 1llMIIllE1l11, 2014 Not ry Public for Oregon My Commission Expires ~ 4- PROPERTY OWNER d/:r/iI D~te . STATE OF OREGON, County of Lane, ~ I' ,2011. Personally appeared the above named James Brown of SEB Investments/BES LLC, who acknowledged the foregoing instrument to be his VOluntary act. Before me: . 0FFICIAI.8EAL '/ tIOT~~ COMMI88ICN Nll453974 IIfCllMMlSSIONEXPIR!SIlIlVEIIBE1Ill,2014 ota Public for Oregon ' My Commission Expires It J tiil V ~:3CjL- STATE OF OREGON, County of Lane, ~,2011. Personally appeared the above named Steve Hopkins, Development Services Department Planner, who acknowledged the foregoing instrument to be his voluntary act. Before me: , De . --O;;~~ N_~_~ DEVETTE KELLY ..-" / NOTARY PUBLIC-OREGON (7 'tC/'/1 COMMISSION NO. 420351 My Commission expires D II J _ MY COMMISSION EXPIRES AUG. 15,2011 . CITY OF SPRINGFIELD if'b r ,2011 Date Centennial Steakhouse 3013 . . , .... -. ....