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Home My WebLink AboutPermit Miscellaneous 1995-5-12 f>\ . _c..: ...... .'- ~ ... . q~S2:L O\'L:q,S . .! ~~'~ , 1l~'SL a. ! CITY OF SPRINGFIELD ' COMMUNITY SERVICES DIVISION BUILDING SAFETY. AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is ente'red into this 12'#7 day of :/J?.#~ , 19~y a~d between the City of Springfield,' a municl,'p alcorporatlon ot the State""'of Oregon, hereinafter called Ci ty, and ,.4,;If, I17r./~'Z ~ , hereinafter called the Applicant.' ,. . - ,., - ,. YHEREAS, the applicant, has applied to the City Community Services Building DiVision, for issuance o.,f certain construc 'on permits for~velopment improvements to be located at /7h ' ~~ /':2... . Springfield, Oregon or within the City's Urban Growt JUrisdictional A'rea; Lane County 'Assessor's Map and Tax Lot number 1.7.d7%~~ ~T//~. , ~1' 7. ~ ?~d!F YHEREAS, the applicant has asked the Ci(Y to aut orize tHe Applicant to immediately commence development improvements without a completed plan review or subsequent approval as required by the Springfield Building Safety Code Administrative Code section 303(a). ' YHEREAS, the Applicant has submitted to the City a completed permit application, 3 (three) sets of construction drawings, specifications, and other data required for the City to compleie the necessary plan review of the proposed development improvemen t . " YHEREAS, 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 established b1 the Building Safety Division, attached as Exhibit A of this Agreement.' , YHEREAS, the City has not rev'iewed or approved the submitted materials for the development improvement, ,the City is therefore unable to confirm at this time whether the permit applicatio~ submitted will be approved, and whether the ~equired construction permits can be issued. '. . YHEREAS, 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. WHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150.00. .. _..- NOY, THEREFORE, in consideration of the foregoing recitals and of the mutual promises contained herein, the City authorizes immediate~6mmencement of the development improvement specified in the permit application subject to the following terms and conditions: .. '.\ ... . . Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence with the development impro~ements set forth in the permit application. City's authorization to~roceed is conditionep however, upon Applicant's agreement that the project ~ill be constructed as set forth in the attached submitted drawings and specffications, except as may be modified by City, and will comply wi th allappli cable laws and ordinances. Appli,can t' s immediate ' commencement of construction is at Applicant's own risk. The City makes no assurance that the. development or construction.improvements will be approved ,or the required construction permits will later be 'issuedo. 2. City agrees to review Applicant's permit application in the normal review process and to thereafter: . a) issue Applicfint the C1.ppropriate construction permits; or b)' advise Applicant of deficiencies in the proposed construction which must be remedie'd before permits can be issued; or c) advise Applicant of any statutes, ordinances or code provisions with which Applican~ must comply with before City can issue the permit. 3. Appli can t agrees tha t if Ci ty finds Appli can t ' s p'ermi t appli ca t i on and submitted materials inadequate or deficient i~ any manner including but not, limi ted to, the application or the proposed cO,nstruction do not comply wi th 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 J~D ORDER for removal of all such work in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT OF UNSAFE, SUBSTANDARD 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. ~pplicant agrees, if the issuance of the permit is denied: a) to removei '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. r-- 5. Applicant agrees that until Applicant's permit application is approved, construction will not to proceed beyond the point of authorization approved by the City's Building Of~cial. Applicant's ~~~~ization is ~~rA= h/~/7~> ~ #~ ?i:J 6. Applicant agrees that all work performed under this agreement shall be accessible and exposed for inspection purposes and that neither the Building Official nor City shall be liable for the expense entailed in the removal or replacement of any material necessary to allow inspection. 7. Applicant agrees that any or all"deficiencies identified during the necessary inspections will be ~romptly remedied, at Applicant's sole cost and expense before proceeding with 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 without 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 without any notice from the City if this Agreement terminates before a building perm~ ~s issue9. This agreement shall terminate on ~~.....s?/~,~..('~/~~ 10. Applicant agrees to defend, indemnify and hold City harmless from any and all costs (including attorney fees), liability or damages of any kind or nature whatsoever-;, for 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 extend to and be binding upon the parties hereto and their heirs, successors and assigns. . 12. If any suit, action or other proceeding, or an appeal therefrom, is instituted to obtain, establish, enforce, or compel any right or obligation resulting from this Agreement, the prevailing party shall be entitled to recover from the adverse party, in addition to costs and disbursements, such additional sums as 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 DESIRE. CITY APPLI CANT, Contractor A.~. ~T/~La=-~ - - . city of Springfield By~'l-~/~ ~Building-.Qfficial ()9YF 7~5'#T Business Name.M. 4Z/~L~7; t::::>_ ~f'?<1 /l4)~~ Address '1~B'q.,~.?S'. 97y'~ CC Registration #~~sg~, e:/f ,P. ~ -/ .~~ LANDlPROPERTY OWNERCS) I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/WE UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL \T~RM~ "-::.:2IONS OF THE AGREEMENT. ,~, e( =- - ._~/----- \~ ---- ' , - Add~ ;rt-;-1' ~ VALIDATION: CITY JOB # ~~~5:Z2. RECEIPT NUMBER DATE PAID AMOUNT RECEIVED RECEIVED BY