HomeMy WebLinkAboutPermit Miscellaneous 1993-11-10
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CITY OF SPRINGFIELD
COMMUNITY SERVICES DIVISION
BUILDING SAFETY
AUTHORIZATION TO PROCEED AGREEMENT
THIS AGREEMENT is. enterecfint~ this J'~~ day of ~{/~ , 199;' by and
betwee~ the City of Springfield;- a municiRal corporation of the State of Oregon,
hereinafter called City, and ';;:tAA..tk"L~Y/rT, hereinafter called
the Applicant. . ,
wHEREAS,. the app~icant has applied to the City Community Services Building
Division for issuance of certain constr~permi tSj,Q.r, development
improvements to be located. at "'!)7/.__,~F~",' Springfield,
Oregon or within the City's Urban Growth.~urisdictional Area; Lane County .
Assessor; s Map and Tax Lot number 17~Z.;;JS'..~~ ~2~~
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wHEREAS, the applic~nthai asked the City to authorize the Applicant to
immediately commence development improvements without a completed plan review or
subsequent approval as required by the Springfield Building Safety Code
Administra t i ve Code.sec tion 303(a). .
wHEREAS, th~ Applicant has submitted to the City a completed peimit application,
3 (three) sets of cohstructi9n drawings, specifications, and other data required
for the City to 'complete the necessary plan revi.ew of the proposed development
improvemen t .
wHEREAS, the intended development improvement is of a nature that requires no
other review approval from other State or local ag~ncles'and is exempt from the
criteria established bi the Building Safety Division,attached as Exhibit A of
this Agreement. '
VHEREAS, the City has not reviewed or approved the submitted materials for the
development improvement, the City is'therefor-e unable to confirm at this time
whether the permitapp1icat~:::, submi tted "-'ill be approved., and ,;hether- the
~equired ,construction perroi ts can be issued.
VHEREAS, the applica'nthas requested the City to provide expedited authorization
to pr~ceed 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
'expedi ted authorization .is $150.00.
NOw, THEREFORE, in c9nsiderationDf the foregoing recit?ls and of the mutual
promises contail)ed'.herein, the City authorizes immediate commencement of the
development, improvemen t, specified in the permi t appli ca tion subj ec t to the
following terms and condi tions':
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Authorization t~'Proceed'Agreement
Page 2. -
1. City agrees that the Applicant may i~mediateiy ~ommence ~ith the
development improvements set forth in the permi t application .'Ci ty' s
authorization to proceed is conditione~ however, upon Applicant's agreement
that the project will be ~onstructed 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. Applicant's immediate
commencement of construction is at Applicant's ovo risk. The City makes no
assurance that thegeveIopment or construction improvements viII be approved
or thetequired construction permits viII later be issued.
2. City agrees t6 review Applicant's permit application in the normal review
process and to thereafter: .'
. a) issue Applicant th~ 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 sratutes,ordinan~esoi code provisions with
."rhich Applicant must comply wi th beforeCi ty can issue' the' permi t.
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 with
all applicable .statutes, ordinances or code provisions, Applicant will
expedi tiously cure the deficiel)cies so tha t th~ .City may issue the required
permits. Should Applicant fail to expeditiously correct submitted materials,
or should correction prove impossi'ble, City may in it's discretion, take any
or all of the foliowingactions:
a) stop all further construction of ~he project in the manner prescribed
in the Springfield Building Safe ty Code Administra ti ve Code (BSCAC),
SECTION,201 (d)
b) order disconnection of serving utilities in a mantier as prescribed in
BSCACr SECTION 201 (f)
.c) issue a NOTICE ~\J ORDER for removal of:~ll 'such vork in a manner ~s
prescribed in BSChe, SECTION 204. ABATEMENT Or UNSAFE, SU3STANDARD O:K
DANGEROUS BUILDINGS, S.TRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon
receipt of such I1otice, Applicant shall immediately remove the work
specified in jhe Notice and Order. .
,4. Applicant agrees, _if the issuance of the permi tis denied:
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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
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Authorization to Proceed Agreement
Page 3.
5. Applicartt agrees that until Applicant's p~rm{~ application is approved,
construction viII not to proceed beyond the point of authorization approved
by the CitY's,Building Official. Applicant's Point of Authorization is
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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
repla~ementof any material necessary to allo~ inspectioh.
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7. Applicant agrees that any or all'defici~ncies'identified during the
necessary inspections viII be 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 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. Notvithstandingany other provisions of this Agreement, this Agreement
shall terminate Jpon issuance ota building permit or thirty (30) days from
the date of this Agreement, whichever first occurs. Applicant understands
that all vork on the project shall immediately cease vithout any notice from
the City if this Agreement terminates before a building permit is issued.
This agreement shall termi~ate on -p'4~ ~,c")'~~/~/~~c~.
10. Applicant,agrees to defend, indemnify and hold City harmless from any
and all costs (including attorn~y fees), liability or damages of any kind or
nature vhatsoever, for personal injury and property damage arising from the
Applicant's early commencement of construction and the vork undertaken or
completed.
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11. The terms of this Agreement shall extend toando be binding upon the
parties hereto and t~ieir heirs, successors and assign:s.
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12. If any suit; action or other proceeding, or an appeal therefrom, is
instituted to ~btain, establish, enforce, or compel any right or obligation
resulting fro~ this Agreement, the prevailing party shall be entitled to
recover from the adverse party, in addition to costs and diSbursements, such
additional suins as the courts, both trial and appellate, may judge
reasonable i:1ttorney fees.
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Authorization to Proceed Agreement
Page 4.
BEFORE SIGNING THIS AGREEMENT, PLEASE READ AND UNDERSTp~D THE MEANING OF EACH
PP~GRAPH OF THIS AGREEMENT. IT AFFECTS YOUR INTERESTS IN THE PROPERTY N~D, 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 UNDERSTp~D P~Y TERMS
OR CONDITIONS OF THIS AGREEMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU
MAY DESIRE.
CITY
APPLICANT
CitY~f SQ 'ngfield~ '..
By: ~
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Building Official
~;il\ P/J.Yr~8/
Contractor ~k L~#.V/7r
Business Name /7?#If!/!f L ~Y/ 77: ~8~~
~b-::J 'l)Si! ~~,., - 7 ~
Address~?~L:.1j_ ~#: ~/~/~
CC Registration # hq 7S9
LAND/PROPERTY OYNER(S),
rIVE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/VE UNDERSTAND
VHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE
LAND/PROPERTY OVNERS. I/VE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE
AGREEMENT.
Name
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Address
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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 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 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
development identified as ineligible for this agreement:
a) development requiring site approval which has not been obtained;
b) new development located on 1~.Q.wi,.!all-o~er six-percent slope; (}Jl4AA~~~'''P;S
I~ ,IIJP~.-x 8~.... 7/Yr ~,I>-~.,. ~8'--,$~ 1f1!117 #d'~ .:s/rc:- #
c) lots having expansive (clay) soi!.; #, ~44r ;z.;,~,,~ ~~ ""'~
t:1'#~~i'~ J1~ t::./rY /#?PF""~.... ~/77/??~"""~.
d) development located within flood hazard areas;
e) development located within wetland areas;
f) pole buildings or other such type of structure that is not of conventional
construction.
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