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HomeMy WebLinkAboutPermit Miscellaneous 1997-12-1 i DEVELOPMENT SERVICES DEPARTMENT 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 isentered into this \~t- day of ~OIl1\\\OlO '19(\"1 by' and be tv~e" the Ci ty 0 fSpringfie1<l1\ ;) _ mun~ ~r~or"t i O~I~ t e"\;]l Oregon, herelnafter called.Clty,and\\\~ :l' nOO . " herelnafter calle.d the' Applicant: '. . VHEREAS, the applicant has applied to .the City <;ommunity Services Building .Division.for issuance of certain c~~rRction per~tsior development improvements to be located at \'ftn'\ t'~M[~ ~lRo'- Springfield, Oregon or within the City's Urban-Grt~()~~~1~ctlonal Area; Lane County Assessor's Map and Tax Lot number DlOO l~"). . VHEREAS, the applicant has asked the City to authorize the Applicant to immed~ately commence development' improvements vithout a completed plan reviev or subsequent approval ~s required by the.Springfield Building Safety Code .' .Adm~n~strative Code section 303(a) VHEREAS, . the Appli~~t hassubmi tted to the City a completed perml t application, 3 (three) sets of -construction dravings,. specifica~ions, and other data required fotthe'City to complete the' necessary plan'reviev of the proposed development im~rovement. . . VHE~AS, the intended development impr9vementis of a nature that 'requires no other review approval fro~ other State or local agencies and is ~xempt from the criteria established by the Building Safety Diyisi~n, attached ~s Exhibit A.of this Agreemen t. VHEREAS, the City has not revieved or approved the .submitted materials for the development improvement, the City is therefore unable to confirm at this time '\1hether the permit applica tio:1 submi tted \1i11 be c:.pp'roved, and ,,'nether the ~equired construction permits caribe issti~d. . '. . . - . . .. r . VHEREAS,the applicant has requested the City to provide expedited authorization to proceed with certiin pHases of construction prior to the completion of the 'City's review of the permit application. '\l'HEREAS, the City's fee for the administrative services rendered in providing eipeditedauthorization is. $150.00. NO~, THEREFORE, inconsideration 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 ~ubject to the followingteims and conditions: ... .' I 1.;: 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, 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. !pplicant's immediate . commencement .of construction is at Applicant's own risk. The City makes no assurance that the develo ment or construction im rovements viII be approved or the require constructlon permlts Vl ater e lssue . 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 viII 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.JD ORDER for remova.l of a.ll such "'0rk in a manner c.S . prescribed in BSChC, SECTION 204. ABATEMENT OF u~SAFE; SUBSTM~DARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon r~ceipt 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 Applicatit~s sole cost and expense, all completed construction or improvements; and b) to restore the si te or structure to it's pre-agreement condi tion and free of all hazards . Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction will not to proceed beyond the point of authorization-approved by the Ci ty' s ~uildin, Official. Applicant's Point o~ Authorization is' q} a~ llul.C\ . . '. 6. Applicant agrees that all work perfor~ed under this agreement shall be accessible and exposed for inspection purposes and that neither the Building Official nor City shall be liable tor 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 villbe promptly remedied, at Applicant's sole cost and expense before. proceeding vi thO any further construction. App.1.icant 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 vork shall be done ~n 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. Notvith~tandirig any other provisions of this Agreement, this Agreement shall terminate upon .issuance ofa 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 terminate~efore a buildin~~e~~~t'is issued. This agreement shall terminate on (\rfrJU..L- \. \~ \...\l1. 10. Applicant agrees to defend, indemni - 'and hOl~i~y-harml~ss 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. r11. 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 proceeding, or an appeal t:herefrom, 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 addi tion to costs and' disbursemen ts,- 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 THISAGR~EMENT, PLEASE' SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE. CITY .. APPLICANT contractor \'(\10 / ~~ltd~ Business Name r Address ~~~ Q~l~~ Jt4firrv. cc Registration # \ \ \L\\()~ LAND/PROPERTY OWNERCS) I/WE HAVE READ THE ABOVE, AUTHORIZATION 'rq PROc.EED AGREEMENT.I/WE.' UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE~/PROPERTY OWNERS. I/WE AGREE TO BE BOUND'BY ALL TERMS AND CONn TIONS OF THE AGREEMEN'J'. . . Name · j(. . -z-taL.. -- ... . . . Address 1L/@ R7fPdo-P .~.O~. 77~z- VALIDATION: C\-, H~~ .~ J{ECEIPT NUMBER. ( ~~ 'J.) lJi.. .' Y'7 AMOUNT RECEIVE~ - ~(J.Cl) RECEIVED BY~~~ CITY JOB # DATE PAID EXHIBIT.A. Purpose The purpose of this agreement is to allow'certain development improvements to ". occur. prior to obtaining plan review approval from the Springfield Communi ty 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 ineligible for this 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; I d)'development located within flood hazard areas; e) development located within wetland areas; f) pole buildings or other such type of structure that isnqt of conventional 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 ~ Temporary Electric This is a 24 hour recording. made the same working day, the following work day. site - To be made after excavation, but prior to setting forms )<) Footing - After trenches are ex~avated ~. Foundation After forms are erected but prior to concrete placement ^ Underfloor Plumbing- Prior to filling trench ~ Underfloor Mechanical - Prior to insulation or decking _ x Post & Beam - Prior to floor insulation or ~ecking .x / Underfloor Insulation - Prior to decking , ~ Sanitary Sewer - Prior to filling trench x ( Storm Sewer - Prior to filling trench ~ WaterLine- Prior to filling trench I ..