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HomeMy WebLinkAboutPermit Miscellaneous 1998-7-21 -r r-, ~" --J SPRINGFIELD 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is entered into this '2.( day of o,~ , 1976'. by and between the City of Springfie~, a ~l~ipal corpora~;o~~t the State~ Oregon, hereinafter called, City, and \JDi\ \. m)\~ . " hereinafter called the' Applican t'- 'VHEREAS, the applicant has applied to the Ci ty Communi ty Services Building Division .for issuance of certai{l Cr~U<f\tion~rm~' . for.lievelopment . improvement~ t~ be loc~ted at. \\:6 \'~ ~~I Springfield, Oregon. ()r. Wl thln. the Clty's Urban GrRwth ~ti.I!..~ c~O.R(P' Area; ,Lane County.' .. . Assess.or's Map afldTax ~ot number \" H).~~tl l,r-tLOOO... . VHEREAS, . the applicant has asked the City to authorize the Applicant to '. immedi.ately commence development improvements without a completed 'plan review or subsequent approval as required by the Springfield Building Safety 'Code . . -Admjnistrative Code section 303(a) VHEREAS, . the Applicant has submitted to the City a completed permi t application, 3 (three) sets of -construct.ion drawings, specificaUons, and other data required for the City to complete the necessary plan review of the proposed development improvemen to . VHE~AS, 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 by theBuildingSafet~ Diyision, attached'~s Exhibit A 6f this Agreement.' . . VBEREAS, the City has not reviewed or approved the submitted materials for the ,development improvement, the City is therefore unable to confirm at this time . 'vhether the permit applicati~~ submitted vill be cpproved, and whether the ~equired construction permits can be issued. . . 'VB,BREAS,.the ~pplicant has' req~ested theei ty to .provide expedited authorization to prOCeed with,certain phases of construction prior to the compl~tion 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. . . . . . NOll, THEREFORE, inconsid~rationof the foregoing recitals and of the mutual promises contained herein; the City author~zes immediate commencemen~ of the development improv~ment specified in the. permit application ~ubject to the followingtetms.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 conditione~hovever, uPQn Applicant's agreement that the project will be constructed as set forth in the attached submitted dravings and specifications, except as may be modified by City, and vill comply with all. applicable lavs and ordinances. Applicant's immediate commencement of construction is at- Applicant's ovn risk. The Ci ty makes no assurance that the develo~ment or construction improvements villbe approved or the required coa~truct1on permits vill later be issued. _2. City agrees to review Applicant'~ permit application in the normal review process and to thereafter: .a-)' issue Applicant the appropriate 'construction permi ts; 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 stat~tes, 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 1n any manner including.but not limited to,~he application or the proposed construction do not comply with all applicable statutes, ordinances or code provisions, Applicant vlll . . expeditiously cure tbe deficiencies so that the City may issue the required permi ts. Should Applicant fail' .to expedi tiously correc t submit ted' materials, or should correction prove impossible, City may in it's discretion, .take any or all of thetollowing 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 s~rvingutilities in a manner as prescribed in BSCAC, SECTION 201 (f) c) issue a NOTICE }~\J OP~ER for removal of all such ~ork in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, 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. Applicant agrees, if the issuance of. the permi t 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. 5. Applicant agrees that until Applicant's permit application is approved, construction viII not to proceed beyond the point of authorization approved bY, the City's ~u~~~~l. Applicant's Point o~Authorizationis 6.. Applicant agrees that all ~k perfor~ed under this agreemen t 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 allov'inspection. 7.' Applicant agrees that any or all"deficiencies . identified during the -necessary inspections villbe promptly remedied, at Applicant's sole cost and expense before proceeding vith'any further construction. Applicant also agrees that these inspections do not replace the required plan. reviev nor do they imply any approval of the submitted materials. 8. Applicant agrees that novork shall be done on any part of the building or structure beyond the point indicated in each successive inspection vithout 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. Notviths,tanding any other provisions of this Agreement, this Agreement' shall terminate upon .issuanceof a building permit or thirty (30) days from the. date of this Agreement, vhiChever first occurs. Applicant understands that all work on the project shall immediately c~ase without any notice from the City if this Agreement terminates before a building per~it'is issued. This agreement shall terminate on , . 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 vhatsoever, 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 sui t, action or other pro'ceeding,or an appeal therefrom, is instituted to otitain, eStablish, enforce, or compel any right or obligation resulting from this Agreement, the prevailing party shall be entitled to recover from the adv.erse party, in addi tion to costs and disbursements,' such additional sums as the courts, both tria~ 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 EX~ENSES 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. Building Official APPLICANT ' dl)D 0,;( contracto~~~/~J ~usiness Nam~~( ~ 6cmf Address rz..,>g-:-_ (\{j- {)tI (.Iv-eJZ.-K-'.DL e:J~_ CYL. S-HO'~ CC Registration # 'l ?J)~0L- CITY city of ~ ..' . ~ c~' '. ~ BM _ ~ ~~ '\A7'.v~' LAND/PROPERTY OWNER~S) . . . .. ~...: ~ ~. \. ..... ,., ", . ' I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROC.EED AGREEMENT. I/WE. UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US ~S THE LAND/PROPERTY OWNERS. . I/WE AGREE TO BE BOONDBY ALL TERMS AND CONDITIONS OF THE AGREEMENT. Name Address VALIDATION": DATE PAID (\:<6 ()lA~ () 3 () t[c, ~I ~I J, l,J)'y AMOUNT RECEIVED t irJ 0 RECEIVED BY t.fJ . tf . CITY JOB # ~ECEIPT NUMBER. , ,~ '- EXHIBIT A Purpose The purpose of this agr~ement is to allow 'certain development improVements to occur prior to obtaining plan review approval from the Springfield 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.memb~r 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 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 for this agreement. The following items, include but are not limited to certain conditions of develQpme~t identified as ineligiblefor.this agreement: a) development requiring site a~proval whiclt.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 located within wetland areas; f) pole buildings or' other such type of structure that isn~tof conventfonal construction. EXHIBIT B , Required Inspections To request an inspection, you must call 726-3769. All inspections requested before 7:00 a.m. will be Inspections requested after 7~OOa.m. will be made This is a 24 hour recording. made the same working day, the following work day. Temporary Electric site - To be made after excavation, but prior to setting forms /\ (~____~OOHog - After treochesare excavated ~. ~odat~oo After forms are erected but prior to concrete placement <=---~...... Underfloor Plumbing- Prior to filling trench nderfloor Mechanical -Prior to insulation or decking . ., .'~~' . C : /ost & Beam - Prior to floor insulation 0; <!ecking (~~ Uaderfloor ro.ulat~oo - - Prior to deck~ng sanitary Sewer - Prior to filling trench storm Sewer - Prior to filling trench Water: Line .- Prior to filling.trench