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HomeMy WebLinkAboutPermit Building 1993-7-20 .,- .~,~ f"'; . - . cqo\D\l . ~r;~'- CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY, AUTHORIZATION TO PROCEED AGREEMENT" THIS AGREEMENT is entered into t~is c-9D'-}l\..day of ,k~ , l{1~bY and betveen the City of Springfielq, a mq~;cjp~l corp~rat{on of~he State~Oregon, hereinafter called Ci ty, and ~l~ G:\ j\ TQ ~/ If'.l 0 c::\..-:\ , hereinafter called the Applicant.' I - " \.lHEREAS, the applicant has applied to the City Community Services Building Division for issuance of certain construc~'on permjts for development improvements to be located at,-..;.')O()I t ~ ,,~ J\l...JLj Springfield, Oregon or vithin the City's Uioln <if. ovth udsd\\:ct~onal Arru L~e County Assessor's Map and Tax Lot numberi...J.r-+-. ~\, . \C"r\o V1\~, . , " -" \ - -" \.lHEREAS, the applicant has asked the City to' authorize the Applicant to immedia tely commencedevelopmen t' improvemen ts TJi thou t a comple ted plan revieTJ or subsequent approval as required by the Springfield Building Safety Code Administrative Code section 303(a). \.lHEREAS, the Applicant has submitted to the "City a completed permit application, 3 (three) sets of construction dravings, specific~tions, and other data required for the City to complete the necessary plan review of the proposed development improvemen t . VHEREAS, the intended development improvement is of a nature that requires no other review approval from other State or local agencies and is exempt from the criteria establi~hed"by the Building Safety Division, attached as Exhibit A of' this Agreemen.t. ~.~ \.lHEREAS, the City has not reviewed or approved the submitted materials for the development improvement, the City is therefore unable to confirm at this time whether the permit applicati0~ submitted TJil1 be approved, and whether the ~equired construction permits can be issued, ' \.lHEREAS, the applicant has requested the City to provide expedited authorization . to proceed with certain phases of construction prior to the completion of the City's review of the permit application, " VHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150,00. NO\.l, THEREFORE, in consideration of the foregoing recitals and of the mutual promises contained herein, the City authorizes immediate commencement of the development improvement specified in the permit application subject to the folloving terms and conditions: .. ,~.-. :.; - . Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence vith the development improvements set forth in the permit application. City's .authorization to proceed is conditione9 hovever, upon Applicant's agreement that the project viII be constructed as set forth in the attached submitted dravings and specifications, except as may be modified by City, and viII comply vith all applicable lavs and ordinances. Applicant's immediate commencement of construction is at Applicant's ovnrisk. The City makes no assurance that the development or construction improvements viII be approved or the required construction permits viII later be issued. 2. City agrees .to reviev Applicant's permit application in the normal reviev process and to thereafter: ' a) issue Applicant the appropriate construction permits; or b) advise Applicant of deficiencies in the proposed construction vhich must be remedied before permits can be issued; or c) advise Applicant of any statutes, ordinances or code provisions vith vhich Applicant must comply vith befor~ City can issue the permit, 3. Applicant a~rees that if City find~ Applicant's permit application and submitted materials inadequate ordeficien~ in any manner including but not limited to, the application or the proposed construction do not comply vith all applicable statutes, ordinances or code provisions, Applicant viII expeditiously cure' the deficiencies so that the Ci ty may issue the required permits. Should Applicant fill td expeditiously correct submitted materials, or should correction prove impossible, City may in it's discretion, take any or all of the folloving actions: 'l;' a) stop all further construction of the project in the manner prescribed in the Springfield Building Safety Code Administrative Code (BSCAC), SECTION 201 (d) . b) order disconnection of serving utilities in a manner as prescribed in BSCAC, SECTION 201 (f) c) issue a NOTICE J.y:J ORDER for removal of all'such vork in a manner as prescribed in BSChC, SECTION 204. ABATEMEh7 OF u~SAFE,SUBSTANDARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant shall immediately remove the vork specified in the Notice and Order, 4. Applicant agrees, if the issuance of the permit is denied: ... a) to remove, at the Applicant's sole cost and expense, all completed construction or improvements; and b) to restore the site or structure to it's pre-agreement condition and free of all hazards ~" "'I:,";. - .' Authorization to Proceed Agreement Page 3. 5. Applicant agrees that, until Applicant's permit application, is approved, construction will not to proceed beyond the ~ointof authorization approved by the ~ty's Building Offi~l. Appric.ant's Point of Authorization is ,'\~fH'Or\}_~ ~ \)OJ~~_t1_f\0 6. Applicant aQ.ees that all work performed \nder this.agreement shall be ,accessible and exposed for inspection purposes and that nei ther the Building Official nor City sh~ll be liable for the expense entailed in the removal or replacemen t of any ma t,erial necessary to allow inspec t ion'. 7. Applicant agrees that any or all"deficiencies identified during the necessary inspections will be promptly remedied; at Applicant's sole cost and expense before proceeding w.i th any further construction'. Applicant also agrees that these inspections do not replace the required plan review nor do they imply any approval of the submitted materials. 8. Applicant agrees that no work shall be done on any part of the building or structure beyond the point indicated in each successive inspection wi thout first obtaining the approval of the Building Official. Such approval shall be given only after an inspection has been made of each successive step in the construction as indicated'on the, attached Exhibit B. 9, Notwithstanding any other provisions of this Agreement, this Agreement shall'terminate upon issuance of a building permit or thirty (30) days from the date of this Agreement, whichever first occurs, Applicant understands that all work on- the project shall immediately cease wi thout any notice from the Ci ty if this Agreement terminate! efore, buildin permi t ~s issued. This agreement shall terminate on _ ,_ . _ _ _---- , t Y'1( I J'i:A 00) 1!1J~ 10, Applicant agrees to defend,inde~nify and hold Cit~ ha~lessfrom any and all costs (including attorney fees), liability or damages of any kind or nature whatsoevir, .f~t.personal injury and property damage arising from the Applicant's early commencement of construction and the work undertaken or completed. .' . . 11. . The terms of this Agreement shall ext.e'nd to and be binding upon the parties h~reto and tbeir heirs, successors, and assigns . .. .- 12. If any suit, action or other proceeding, or an appeal therefrom, is instituted to obtain, establish, enforce~ or comp~l any right or obligation resulting from this Agreement, the prevailin~.party shall be entitled to recover from the adverse party, in addition tQ costs and 9isbursements, such additional sums as the courts, both'trial and appellate, may judge, .. reasonable attorney fees, ..-f' '. .. tit . Authorization to Proceed Agreement Page 4. l' , .. BEFORE SIGNING THIS AGREEMENT, PLEASE READ AND UNDERSTAND THE MEANING OF EACH PARAGRAPH OF THIS AGREEMENT. IT AFFECTS YOUR INTERESTS IN THE PROPERTY AND, IN THE EVENT,OF DEFAULT, IT PLACES YOU PERSONALLY AT RISK AND THE SUBJECT PROPERTY AT RISK OF FORECLOSURE FOR COSTS AND EXPENSES INCURRED BY THE CITY IN ENFORCING THE TERMS OF THIS AGREEMENT. IN THE EVENT THAT YOU Db NOT UNDERSTAND ANY. TERMS OR CONDITIONS OF, THIS AGREEMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY.DESIRE. CITY ~ :i~Y ?4Zg .. ~~ffiCial . ~ . 17"6 (' ~ 1: ~'U'G"-J\ " APPLICANT ~'tor~~ ~ J\~ Business Namet\"" Q ./ ~', (\.J:Sr"~: Address Ri\C\SC\ .~ ~\~\\!. ~ CC Registration # '\ \ \ CS5 0 , ' LAND/PROPERTY OVNER(S) I/VE'HAVE READ THE ,ABOVE AUTHORIZATION TO PROCEED AGREEMENT. liVE UNDERSTAND VHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LANDI PROPERTY OVNERS. liVE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. Name Address. ... <"" . F:E\/;E\r";L:['; tl. P,PPF.:OVcD ~,):~~~:~i!.)L~"'L "",[''''''-. s- ~ \u.. \'\~~ ~ ";... ! t=. ,---, - _\~ -, C1FFi~E C:;!:' CfT\" P..TTOR~\JE\{ C~!~\: :::' ~:. :..' ~~. ~~ll r '! .:::~P! ELO .. .Ii' ..... r. - . EXHIBIT A Purpose The purpose of this agreement is to allov'certain development improvements to occur prior to obtaining plan reviev approval from the Springfield Community _ Services Division, Scope , The use of,thi~ 'agree~ent shall be limit~d to certain one and tvo-fa~ily dvellings not complex innatur~ as determined by the Building Official and minor alterations or modifications to existing commercial and industrial buildings vhich are of a non-structural~type and do not adversely affect any structural member of the building or any part o~ the building having fire resistan~ construction, One and two-family dvelling plans for structures that ar~ complex in nature that have beeti prepared by an, Oregon licensed architect or engineer and accompanied by a letter of review prepared by said architect or engineer, stating that the submitted material is in compliance with the One and Two-Family Dwelling Specialty Code, may be considered eligible fo~ this agreement. The following items include but are not limited to certain conditions of development identified as ineligible for this agreement: a) development requiring site approval whith has not been obtained; b) new development located on land with over six-percent slope; c) lots having expansive (clay) soil; d) development located within flood hazard areas; e) development lo~ated withirr~etland areas; f) pole buildings or other such type of structure that is not of conventional construction. ~