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HomeMy WebLinkAboutAgreement APPLICANT 12/20/2010 5. Prior to approval of the Final Site Plan, the applicant shall execute and record an Improvement Agreement for Commercial Street for curb, gutter, sidewalk and storm sewer. 6. Prior to approval of the final site plan, submit either a Drinking Water Protection (DWP) Overlay District application or a DWP exemption. Please contact Amy Chinitz (541.744.3745) with any questions about the DWP permit process. 7. No fill materials containing hazardous materials shall be used on this site. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with Section 5.17-135 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 the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 5.17-150 of the Springfield Development Code. 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 Section 5.17-150 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 5.15-100 of the Springfield Development Code. 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 Springfield Development Code in order to continue use. b. It shall be the continuing obligation of the property owner to maintain the planting required by Section 4.4-100 of the Springfield Development Code 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 these standards. I 6. In addition to all other remedies which may be provided by law or equity (including but not limited to I penalties provided by applicable State Law or City Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by withholding Applicant's Firial Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted. 7. Any Final Site Plan approval becomes null and void if construction does not commence within 90 day of the date of the agreement. Eastside Baptist Church 2 of 3 IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. APPLICANT 0 — 0 By�� Date STATE OF OREGON, County of UfC6I7LAbeA-00, 2010. Personally appeared the above named Len Amey, representative of East Side Baptist Church, who acknowledged the foregoing instrument to be a voluntary act. Before me: OFFICIAL SEAL DEYETTE KELLY Nota blit for Ore o NOTARY PUBLIC-OREGON Notary g COMMISSION NO.420351 MYCOMMISSION MIRES AUG.15,2011 My Commission expires 8 (S CITY z ,Z� In By: ate 7 STATE OF OREGON, County ofL- 020 , 2010. Personally appeared the above named Steve Hopkins, who acknowledged the foregoing instrument to be a voluntary act. Before me: OFFICIAL SEAL DEYETTE KELLY Nota Public for Ore NOTARYPUBLIC-OREGON g C0161MISSION NO.420351 MY COMMISSION EXPIRES AUG.15,2011 My Commission expires Eastside Baptist Church I 3 43