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HomeMy WebLinkAboutPermit Miscellaneous 1994-5-10 ." \ ....,..t Ot'-rJo ij 0, 5- 0 n.1 . -:t:b- ,2kfdS t:i;\ .'..r 'OJ -~. '. CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY , ' AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is entered into this I~day of ~~~ betveen the Ci ty of SpringfiefV, a muJi)c~~ cR,'.o orr,at ion' ot hereinafter calledCity,an~ ~fTIr\LArt)~~ the Applicant.', ' , - , VHEREAS, the applicant has applied to the City Community Services Building Di,vision for.. issua.n'ce of certain f..OASJ.f~tiAIA p~~i}j~ ford~vel,opmen,t ' improvements to be located at 'Jl..JL~ ('JI~Jl1!Yf/Jfl) Springfield, Oregon or vithinthe City's urba.C!{ifo.,tAJUr^~~~~~,J.l_"AAV: ,a,+,.r,.ane County Assessor's, Map and Tax Lot numbe J c...r, l'LU.')~LU:.~.rL_LilJ.1JL . - ',. ) " VHEREAS, the applicant' has asked the City to authorize the Applicant to immediately commenc.e development improvements without a completed plan review or subsequent approval as required by the Springfield Building Safety Code Administrative Coae'section 303(a). VHEREAS, ,the Applicant has ,submitted to the City a c:ompleted permit application, 3 (three) sets of,construction drawings,spedfications, and other data required for the City to complete the necessary plan r~view of the proposed development improvement. ' , 19~o/- by and the State-oI Oregon, , hereinafter called 'VHEREAS, the intended development improvement is of a nature that requires no either review approval from other Stcite or local agencies and is exempt from the criteria established by the Building Safety Division, attached as Exhibit A of this Agreement: ' " , " tlHEREAS, the City ,has 'not revieved or approved the submitted materials for the developmen t improvement, ,the' Ci ty is therefore unable to confirm at this time ",hether the permit a.pplicatlC':1 submitted "'HI be approved, and vnether the ~equired construction permits can be issued. VHEREAS, 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 reviev of the permit application. VHEREAS, the City's fee fot the administrative services rendered in providing expedited authorization is $150.00. NOIJ, THEREFORE, in' consider~tion of the foregoing recitals and of the mutual promises contained herein, the City authorizes immediate commencement of the development improvement specified in the permi~ application subject to the following t~rms and conditions: .. .,J.>: Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence with the development improvements set forth in the permit application. City's authorization to proceed is conditionep however, upon Applicant's agreement that the project will be constructed as set forth in the attached submitted drawings and specifications, except as may be modified by City, and will comply with all applicable laws and ordinances. Applicant's immediate commencement of construction is at Applicant's own risk. The City makes no assurance that the development or construction improvements vill be approved or the required construction permits viII later be issued. 2. City agrees to review Applicant's permit application in the normal review process and to thereafter: . a) issue Applicant the appropriate construction permits; or b) advise Applicant of deficiencies in the proposed construction which must be remedied before permits can be issued; ,or c) advise Applicant of any statutes, ordinances or code provisions with which Applicant must comply with before- City can issue the permit. 3. Applicant agrees that if City finds Applicant's permit application and submitted materials inadequate or deficient 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 will expeditiously cure the deficiencies so that the City may issue the required permits. Should Applicant fail to expeditiously correct submitted materials, or should correction prove impossible, City may in it's discretion, take any or all of the following actions: 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 ~'D ORDER for removal of all such vork in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT Or UNSAFE, SUBST~~DARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant shall immediately remove the work 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 Authorization, to Proceed Agreement Page 3'. s. Applicant agrees that until Applicant's permit application is appro~ed, construction vill not'to proceed beyond the point of, authorization approved by the City's BUi~O~f~Plicant's Point of Authorization is 6. 'Applicant agrees that all 'Work ~rformed under thi.s agreement shall be accessible and exposed for inspection purposes and that neither the Building Official n6r' City shall be liable for the expense entailed in the removal or replacement of any material necessary to alloy inspection. 7. Applicant agrees that any or all-'deficiencies identified during the necessary inspections viII be promptly remedied, at Applicant's sole cost, and expense before proceeding vith any further construction. Applicant also agrees that these inspections do n6~ re~lace the required plan reviev nor do they imply any approval of the submitted materials. 8. Applicant agrees that no york shall be done o~ any part of the buildin~ or structure beyond the point indicated in each successive inspection vithout first obtaining the approval oftbe Building Official. Such approval sharI be given only after an inspection has been made of each successive step 'in the construction as indicated on the attached Exhibit, B. ,9. Notvithstanding 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 without any notice from 'the Ci. ty if this Agreement terminates before a bUildi.ng,4,e~.t ~;S;;d. This agreement shall terminate on }A~A?c'~ ~.L'" . . _ . ./.....&-~ . '. ., - .. 10~' Applicant agrees to defend, indemnify and hold City harmless from any and all costs (~'nc+udingattorney fees), liabi;lity or damages of any kind or 'nature vhatsoever,.for personal injury and property damage arising from the Applicant's early~ommencement of construction and the "Work undertaken or completed. _11. The terms of this Agreement shall extend to ~nd be binding upon the parties hereto and ,tteir heirs, successors and assigns., 12. If any suit, action or other proceeding; or an app,eal therefrom, is instituted to obtain, establish, enforce, or compel any right or obligation resulting from thiiAgreement, the prevailing party shall be ~ntitled to 'recover from the adverse party, in addition to costs and disbursements, such additional'sumsas the courts, both trial and appellate, may judge' reasonable attorney" fees. ~ Authorization to Proceed Agreement Page 4. 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 DO NOT UNDERSTAND ANY TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY.DESlRE. CITY '. APPLICANT .... ~i ty o~pringf~el,d, By:// ~ h~ ~ , r. .. tr ./ ./ Build ng Official ' . ~ P/ry~ ?p~? "- contractor~ 1\ n t--D U Lf\~. ~j Business Name ~ Address 13'14~ \\\U \\~-\l:Jr\ \a CC Registration # lo'L\o~2- LANDIPROPERTY OVNER(S) liVE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. liVE UNDERSTAND VHAT IT EXPRESSES AND, THE RESPONSIBILITIES IT PLACES UPON US AS THE LANDI PROPERTY OYNERS. liVE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. () _ Name ~Q .It\)~ ~ ~~SC\m:iUl 0 ./ Address c:9ro (' J\O~C){\--rJ ~ ~ J eJ\ C{'3tO. ... '<'" . hE\-'~iE\l'.J~=:-.: [J~ J~\P?t=~C?\!'cD /" ('-. -n C"-j-.r, hj~~~ I :'~~L'j~ L~~, ..".,'~~.~ ,.- ,..- --. ", ,L_~ tf:I':::: D="~ ,~, \ ~ ~ ~ C::Fi:::'~~: '.:~;~ C TY ATTOR1',JEY S---t"'"~...., Y Cl-:",\."- :',' ~.. ~~.1 \:::~;::! 2:t._Q ~~6V#O t'5~---- li~?7# /~ t;;.'"9S- ~~-~ . .. .. 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 this'agreement shall be limited to certain one and tvo-family dvellings not complex in nature 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 of the building having fire resistant construction. One and tvo-family dvelling plans for structures that are complex in nature that have been prepared by an Oregon'licensed architect or engineer and accompanied by a letter of reviev prepared by said architect or engineer, stating that the submitted material is in compliance with the One and Tvo-Family Dwelling Specialty Code, may be considered eligible fo~ this agreement. The folloving items include but are not limited to certain conditions of development identified as ineligible for this agreement: a) development requiring site approval vhich has not been obtained; b) nev development located on land vith over six-percent slope; c) lots having expansive (clay) soil; d) development located vithin flood hazard areas; e) development located vithin vetland areas; f) pole buildings or other such type of structure that is not of conventional c()Dstruction. ~ F I ROBERTS CONSTRUCT I ON 8121 ~3612178 P.02 ., t '0 5,.' 1 0 I 9 J 14 : 5 S "6'503 i26 3659 3PFD DEV. SER. i?J 001 ,..-" Authori3ation t~ Proceed Agreement Page 4. I I BEFORE SIGNING TBIS AGREEMENT, PLEASE READ AND UNDERSTAND THE HEANING OF EACH PARAGRAPH OF TBIS AGREEHENT. IT AFFECTS YOUR INTERESTS .IN THE PROPERTY AND, IN I THE EVENT OF DEFAULT, IT PLACES YOU PERSONALLY AT RISK AND THE SUBJECT rROPERTY AT RISK OF FORECLOSURE FOR COSTS AND EXPENSES INCURRED BY THE CITY IN ENFORCING THE TERMS Of THIS AGREEMENT. IN THE EVEm' TElAT YOU DO NOT UNDERSTAND ANY TERMS OR CONDITIONS OFITHIS AGREEMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU HAY.DESIFJ;. ., crn I Ci ty o5--1pringf~ld _ ~y:/~~~ / , , '1 ./ Build ng Officia] ~ 7#y&: ?~~7 I APPLICANT ..... "- ContractoJ;" ~.f\ (lL-.D ~ ~ f\ J. U.l1Y\J Busines~ Name ~.,m()) AddI.'ess1;l'r45 ~\--l }\~\Qt) Q1. La CL\o ~ 2... CC Registration # I LAND/PROPERTY OVNER(S) I liVE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. liVE ~~ERSTAND VHAT IT EXPRESSES I AND THE RESPONSIBILITIES IT PLACES UPON us AS THE LAND/PROPERTY OVNERS~_~/VB ~ BE BOUND BY ALL TER}jS }~D CONDITIONS Of IUE ;:EHENT~' . . _ . Address&oo ('~("lc:k ~f\b,^ ~t-N'Yl CJ1 <i3tOI ' J .~~'~ J " , REY;c~';;~C', [1~ ,~.Prr:C'VcD [...$ TO F0rH,.'J ~ L J a ~l:L."''"\ .J} ~t\'{ .,', ~'.., I CITE: ~,~ I \~" \'\~~ ,.----.---.,.... -...... ~, A--,....O"""'t-'.....\' '-':-j-I....:.; v~ Cf ~ '. J-:.l l I-H~1;;;; c:~-1-'\. " " ~.:-I-::~:[::~?~~t_~ ~~6V""--O /5"4 <-- ~~?7# /~C--?~ i .... I I I .s---C~I~ ~ cr' ~.._~ ,.