Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1993-11-10 i", . ~B'n/?I:Z i. . ~:/ ..< ,~-:--. 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~~ , 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': ~, " r.. 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: .. 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. 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 .u"P~~.P ~~7A..~j P~~~7~ ., /~~~. ~P~Y7~-. , , ~'- -' , ~, . 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. , - 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. ... 11. The terms of this Agreement shall extend toando be binding upon the parties hereto and t~ieir heirs, successors and assign:s. ,- 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. . 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: ~ ~ // . e--"-~ 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 ~~ ()~/~ ... "'~ N..,q.. 6r- 6,DfRtR. Address ... <"" . FE'..::~"-.~.'~=:' [, /,?~~~::'.'\:~~f (::-. -:- ,-\ c--: :", ~.,~ :':~t~:~:',~~' "_j=~L ~=\ ~ . ( ,... ~"""""'...,. ~ .'. ~:::. 0= \::) \5.: \ ~ q, ~ . t~ ::;:'.:::~: :. ~ c ;-T'{ !.i~T7C;r?~>-~ :.:.- c.:! ~ - \ - : ,........t--r ~ -~. ,".. - '. "':.'- ~~: .:...; 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. ..