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HomeMy WebLinkAboutPermit Miscellaneous 1999-6-15 d ..,I.j ,GFIELD 1'?:> Y 0f\D 225 FIF.TH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY , AUTHORIZATION TO PROCEED AGREEMENT THISAGREEME~ is en tered in to this 'IS c4 day of (1", AI P , ,1919 by and be tveen the Ci ty 6fSpring'field, a municipal corpora:t&6;l/~f the Sta te 01 Oregon, hereinafter called, City, and tifJJtJJ;;f/JLArz- ,,'hereinafter calle,d the Applicant.' . " \lHEREAS, the applicant has applied to the Ci ty communi ty Services Building Division ,for issuance of certain constructi,Qn perm~ts ~or development ' improvemen ts to be located at' \ ~~Lt ~ ~~ Springfield, Oregon ()r vi thin the City's Urban Grovt.h. J urisd\f-uona1 Ar'~~ LaneCoun ty Assessor's'Map and .Tax Lot number t 1 C)~~L\,~()~L.\:w, " \lHEREAS,the applicant' has asked the City to authorize the Applicant to immediately commence development improvements vithout a completed plan reviev or subsequent approval as required by the Springfield Building Safety Code .Adm~nistrative Code section 303(a) , \lHEREAS,' the Applicant has submitted to the City a completed permi't application, 3' (three) sets ,of -construction dravings, specificat,ions, and other data required for the City to complete the necessary planreviev of the proposed development' improvemen L \1HE~AS, the intended development impq)veme~t is of a nature that requires no other reviev approval from other State or local agencies and is exempt from the criteria established by the Building Safety Diyision, attached ~s Exhibit A of this Agreement. ' , \lHEREAS, the City has not reviewed or approved the submitted materials for,the developmerit improve~ent, the City is therefore unable to confi~m at this time vhether the permit applicatiQ~ submitted_vill be approved, and whether the ~equired construction permits can beissu~d. ." , '. '. ". . ( \lHEREAS "the applicant' has requested theCi ty to provide expedited authorization to proceed vith certain phases of construction prior to the completion of the City's reviev of the permit application~ VHEREAS, the City's fee for the administrative services r-endered in providing expedi ted authorization is $150.00. , ' , NOY, THEREFORE~ i~c6nsiderationof the foregoing recitals and of the mut~al ' promises contained herein, the City authorizes immediate commencement of the develop~ent improvement specified in the permit application ~ubject 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 authoriz~tion to proceed is conditione~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 viII comply with all applicable laws and ordinances. Applicant's immediate commencement of construction is at Applicant's oVn risk. The City makes no, assurance that the deveIo~ment or construction improvements viII be approved or the req~ired construct10n permits viII later be i~sued. 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 which , mus t be remedied before permi ts can be issued; ~ . c) advise Applicant of any statutes, ordinances or code provisions with which Applicant must comply vith 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 vill expeditiously cure the deficiencies so. that the City may issue the required permits. Should Applicant fafl'to expeditiously correct submitted materials, or should correction prove impossible, City may in it's discretion, take any or all of the ~ollo~in~ 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 ORDER for removal of all such vork in a ~anner as prescribed in BSChC, SECTION 204. ABATEMENT OF UNSAFE, SUBSTM~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 impr~vements; and, " b) to restore the site or structure to it's pre-agreement condition and free of all hazards . ?, I' Authorization to Proceed Ag~eement Page ,:3. 5. Applicant agrees that until Applicant's permit application is approved, , construction will not to proceed beyond the point of authorization approved i)y the City's ~Uil~~ Of~AP~(s,~nt.ofAuthoriZatiOn is. 6. Applicant agrees that ~ll 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 m~iterial necessary to allow 'inspection.' , 7. Applic~ntagrees that any or all~deficiencies identified during the necessary inspections will be promptly remedied,at Applicant's sole cost and expense before proceeding with any further construction. Applicant also agrees that these inspe~tions 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 consttuctionas indicated on the attached ExhibitB. 9. Notwith~tanding 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 snaIl iininediately cease without any notice from the City if this Agreement terminate~be ore a building per~it'1s issued. This agreemen t shall terminate on , ./ S I /979 ' , ' A A / 10. Applicant agrees to defend,' indemnH"y and'holdCity harmless from any and all costs (including attorney fees), liability or damages of any kind or nature whatsoever, for personal injury anq,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 thei.r heirs, successors and assigns. 12. If any suit, action ,or other pro'ceeding, or' an appeal t:herefrom,is instituted to obtain, eStablish, enforce, or compel anydght or'obligation resulting from this Agreement~ the prevailing party shall be entitled to recover from the adv,erse party, in addi ~ion to costs and disbursements,' such additional sums as the courts, both trial and appellate, may judge reasonable attorney fees. . EXHIBIT ,A Purpose J The purpose of this agreement is to allow 'certain development improVements to occur prior to obtairiing plan review approval from theSpringfi~ld Community Services Division. Scope The use of this agreement shall be limited to certain one and two-family dwellings not complex in nature as determined by the Building Official and minor alterations or modifications to existing commercial and industrial buildings which 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 two-family dwelling plans for structures that are complex in nature that have been prepar:ed by ari 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 eonsidered eligible for this agreement. The following items include but are not limited to certain conditions of development identified as ineligible,fdr t6is agreement; , a) development requiring site approval which 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 h.zard areas; e) development located within wetland areas; f) pole buildings or other such type of structure that is nqtof conventional construction. EXHIBIT B Required Inspections To request an inspection, you must call 726-3769. This is a 24 hour recording. All inspections requested before 7:00 a.m. will be made the same working day, Inspections requested after 7:00a.m. will be made the following work day. V---Temporary Electric ,v site - To be made after excavation, but prior to setting forms ~ Footing - After trenches are excavated ~ Foundation - After forms are erected but prior to concrete placement ~ Underfloor Plumbing - Prior to filling trench ~Underfloor Mechanical - Prior to insulation or decking. ~ Post & Beam - Prior to floor insulation or ~ecking v Underfloor Insulation - Prior to decking , v Sanitary Sewer - Prior to filling trench ~ Storm Sewer - Prior to filling trench ~ Wat~r Line- Prior to. ~illing ,trench Authorization to proceed Agreement Page 4 BEFORE SIGNING ,THIS AGREEMENT, PLEASE READ AND UNDERSTAND THE !{EANING 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 AGR~EMENT, PLEASE SEEK ANY LEGAL OR' OUTSIDE OPINIONS YOU MAY DESIRE. CITY " APPLICANT, city of Springfield . ~: (21 JJJ ~ ',j(/()AI( ,I~ ~. .' Building Offici~l Contractor Business Name~ kt ~,-\r\.../ <1 CC Registration # -tA \~, ~ ~CJ 3!'{ Address \ ce~o LAND/PROPERTY OWNERfS). I/WE HAVE READ THE ABOVE, AUT.HORIZATI~N TO PROC.EED AGREEMENT. I/WE, UNDERSTAND wllb,T IT EXPRESSES, AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL ' TERMS ~ iON/I74P~, OF THE AGREEMENT. Name ;v,{,,/ 'trt:;/Yff. Address J ~{}-.tJ ~r .JA~../'VI 11 - 0 ( ( VALIDATION: ,q9'o 7 J ~ CITY JOB #' I<ECEIPT' NUMBER (J 3 'lit J t,/15/Cf'f I' ~ AMOUNT RECEIVED / SO /) dlJ~' DATE PAID RECEIVED BY