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Home My WebLink AboutPermit Miscellaneous 1998-2-27 ,\ , 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 ,AGREEME~ is enter7d i~to this ~/~ day of /.....0. ,19,Ze. by and .betv7en the Clty of~pnngf1el~,~ munlclpa}.C:9{poratlonot the St~te()f Oregon, herelnafter called. Clty, and c;;L~r/ ;p' //'(/'77'2 . "herelnafter called the' Applicant: . - . I' .'; . \lHEREAS, the applicant has applied to the Ci ty C;:ommuni ty Services Building Division .for issuance of certain c.onstJuction petmi ts for development . improvements to be located at ir; ~{ C A/I(;rL ST,'.. Springfield, Oregon or vi thin. the Ci ty' s, Urban Grovth Jurisdictional Area; Lane County Assessor's Map and Tax Lot number /7(J 5?--if 2- "5 e I ()d I ..... . ..; . , \lHEREAS, the .applicant has asked the Ci ty to authorize the Applicant to immed~ately commence development improvements vi thout a completed 'plan reviev or subsequent approval as required by the Springfield Building Safety Code . . .Adm~nistrative Code section 303(a) . ~EREAS" the Applicant has submitted to the City a completed permit application, 3' (three): sets of >construct.ion dravings, specifica~ions, and other data required for the City to complete ~he necessary plan'review of the proposed development improvement. . . \lHE~AS, the intended development impr9Vemel1t is of a nature that 'requires no other review approval from other State or local agencies and is 'exempt from the criteria established by the.BuildingSafety Diyisi~n, attached ~s Exhibit A of this Agreement. . \lHEREAS, the City has not revieved or approved the submitted materials for the developlilerit improvement, the City is. therefore unable to confi~m at this time vhether the permit applicati0~ submitted vill be approved, and whether the ~equired construction permits caribeissti~d. \lH.EREAS,the applicimt has' req~ested theCi ty to'provide expedited authorization to proceed vi~h,certain phases of construction prior to the completion 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. .' NO\l,' THEREFORE, inconsideration of the foregoing recitals and of the mutual promises contained herein; the City authorizes ~mmediate commencemen~ 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 vith the development improvements set forth in the permit application. ,City's authorization to proceed is conditionephovever, upon 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 viII comply with all applicable lavs and ordinances. Applicant's immediate commencement .of construction is at Applicant's ovn risk. The City. makes no assurance that the develo ment or construction im rovements villbe approved or the re9uire ~onstruct10n perm1ts V1 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; ~ b) ad'vise Applicant of deficiencies in the proposed construction vhich must be ~emedied before permits can be issued; ~ 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 permi t' application and submitted materials inadequate or deficient in any manner including.butnot limited to,.the application or the_proposed construction do not comply with all applicable statutes, or~inances or code provisions, Applicant v1ll expeditiously cure the deficiencies so that the City may issue the required permi ts. Should Applicant fail' -to expedi tiously correct submi t ted. ma terials, 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 JJO ORDER for re!llovc.l bf c.ll such .:ork in a manner c-S . prescribed in BSCAC, 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 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 Ag~eement 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 ~uildin$ Of~icial. Applicant's Point o~ Authorization is . r:::- L(J I) l~1O ?-rj~1 N (','). . ." _ . . 6. Applicant. agrees that all vork 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 allov'inspec t ion. . 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. Appl.icant 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 no vork 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. NotYith~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 firstoccurs.'Applicant understandS that all work on the project shall immediately cease without any notice from the City if this Agreement terminates before a building per~it'is issued.. This agreement shall tei:'mina te on ~ . 10. Applicant agrees to defend, indemnifyand'hold'City harmless from any and all costs (including attorney fees), liability or damages of any kind or nature vhatsoever, for personal injury an~.property damage arising from the Applicant's early commencement of construction and the York undertaken or completed. 11. The terms of this Agreement shall exterid to and be binding upon the parties hereto and thei~ heirs, successors and assigns. 12. If any suit, action or other pro'ceeding,or an appeal therefrom, is instituted t9 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 AGR~EMENT. 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 of springfield .--" By:. ,/2. ~~ - ~ .~ .... /~~/ -- Building Official .' APPLICANT contractor IE' I,{,-/ ~ () H I / L 117'Z- I CITY Business Name Address J g-,--() 1-/It/flY ?;J~rE /E{)6t5~r("1 ~ /(. CC Registration # '/)(){)'?o3 r-- J ~~ LAND/PROPERTY OWNERCS) X/WE lIAVE READ THE ABOVE, AUTHORIZATION TO PROqEED AGREEMENT. X/WE . UNDERSTAND WHAT 'IT EXPRESSES AND THE RESPONSIB'IL'IT'IES 'IT PLACES UPON uS ~S. THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL . 'TERMS ~ f!J.~ "I ITTJIONS. Oh~"E AGR~EM~~ Name f[lMtv-- -rd'lsir-~; Address 1// c;A() ~.." \IJ. ~'. 'j ~ I U. ( . . .~ /2AAJJ / 91l-fO ( VALIDATION: 9$ZJ/0/ ~ECEIPT NUMBER ~~~ 2-":2/-~ AMOUNT RECEIVED _ / ?.c:::>, ~C> RECEIVED BY 4~~ ~.. . CITY JOB # DATE ~A-ID 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 thi~ agreement ~hall be limited to certain one and two-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 structuralmemb~r of the building or any part of the bui19ing 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' vith the One and Tvo-Family Dvelling Specialty Code, may be considered eligible for this agreement. . The.following items include but are not limited to certain conditions. of develQpmentidentified 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; 5> pole buildings or other such type of structure that is 'n~t 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 ~fter 7~00a.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 I ~. Footing - After trenches are excavated .~. Foundation After forms are erected but prior to concrete placement ~. Underfloor Plumbing- Prior to filling trench j~/' Underfloor Mechanical -Prior to insulation or decking _: ~'post & Beam - Prior to floor insulation or ~ecking ~/ Underfloor Insulation - Prior to decking , v-- sanitary Sewer - Prior to filling trench ; ~-storm Sewer - Prior to filling trench v , . r-" i ht~r Line- Prior to filling trench