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HomeMy WebLinkAboutPermit Miscellaneous 2000-5-31 .'" . . SPRINGFIELD 225 FIF.TH 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 in-to this :,\ between the City of Springfield, a municip -hereinafter calle~ City,- and ' the' Applicari t'- ~HEREAS, the applicant has applied to the City Community Services Building Division for issuance -of certail3t,l'f~tru~iop p'lr"lJ. ts for development . improvements to be located a t ~\ I' O\e:. \J...JAtl-,' Springfield, Oregon or within the City'S Urban Gr<)l!t.k""'tti~'cti~~~l Are~~ane 'County - _ Assessor's Map and Tax Lot number l~u au;::) (1,) . - - - '- ~HEREAS. the applicant has asked the Ci ty to authorize the Applicant to immediately commence development improvement~ vithout a completed .plan ~eviev or subsequent approval as required by the Springfield Building Safety -Code. ' .Adm.inistrative Code section 303(a) - JOClC> ,l/!I by and Stateot Oregon, reinafter called YHEREAS, .the Applicant has submitted to- the City a completed permit application, 3 (three) sets, of 'const-ruction dravings, specificat_ions, and other data required for the City to -complete the necessary plan ' review of the proposed development improvement. YHE~AS. the intended development improveme~t 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 Building Safety Diyision, attached' as Exhibit A of this Agreemen t. ~HEREAS, the City has not revieved or approved the submitted materials for the development improvement, the ,City is- therefore unable to confiTm at this time 'whether the permit applicati~~ submitted will be approved, and ~hether the r;:equired construction permits can be issued. ~HEREAS, the applicim t has req~ested the Ci ty to -provide expedi ted au thori za tion to proceed with certain phases of construction prior to the completion of the City's review of the permit application: ~HEREAS, the City',s fee for the administrative services rendered- in. providing eipedited authorization is $l50.00. _ NO~, THEREFORE, in:consideration 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 subject to the following terms and conditions: . . . , Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence with the development improvements set forth in the permit application..City's authorization to proceed is conditionep .however, 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 viII comply wi th all' applicable laws and ordinances. Applicant's immediate commencement of construction is at Applicant's avo risk. The City makes no assurance that the development or construction improvements vill'be approved or the required construction permits vill later be issued. 2. City agrees to review Applicant's permit application in the normal reviev process and to thereafter: . a) issue Applicant the appropriate construction permits; ~ b) ad"vise Applicant of deficiencies in the proposed. construction which "must be remedied before permits can be issued; ~ . 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 jolloving 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 20l (f) c) issue a NOTICE lJc) ORDER for removal of all such ~ork in a manner as prescribed in BSChC, SECTION 204. ABATEMEh~ OF UNSAFE, SUBSTANDARD O~ 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 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 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 City~s BUildin~fficial. Applicant's Point of Authorization is ___ , 0 ~t>.f'Y' . . . 6. APPlic~: agrees th~t - I work perfor~ed under this agreement shall be accessible and exposed- for inspection purposes ~nd that neither the Building Official nor City shall be liable for the expense entailed in the removal or replacement of-any material necessary to allow'inspection. 7. Applicant agrees that any or aU""deficiencies identified during the necessary inspections will -be promptly remedied, at Applicant's sole cost and expense before_proceeding with- any further construction. Applicant 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 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. Notwithstanding 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 first occurs. Applicant understands that all work on the project shall immediately cease without any notice from the City if this Agreement terminates before a building permit- 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 whatsoever, for personal injury and, 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 aI?d 6eir heirs, successors and assigns. 12. If any suit, action or other proceeding, ,or an appeal therefrom, is instituted to obtain, establish, enforce, or compel any right or" obligation resulting from this Agreement-, the prevailing party shaU be enti tIed 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 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. - CITY ,_l\PPLICANT city of springfield contractor By: Business Name Building Official Address . CC Registration # LAND/PROPERTY OWNERlSl I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/WE- UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS\O: THE AGREEMENT. Name .~}\ U\\{"\~~\ Address~ ~\t~. t"\~\ .~V. q~1 VALIDATION: CITY JOB # rf)'CD\\rO .O~ ~ECEIPT NUMBER DATE PAID :5 '10" ) 00 - -. 3\, ('l_ &D AMOUNT RECEIVED S V J \0_~(>~. V RECEIVED BY . . , EXHIBIT A, Purpose The purpose of this agreement is to alloy 'certain development improvements to occur prior to obtaining plan review approval from the Springfield Community. Services Division. s~ope T e 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 archi tee t or engineer, s ta ting tha t- 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 vhich_has not been obtained; b) nev development located on land with over six-percent slope; c) lots having expansive (clay) soil; d) development located vi thin flood hazard areas; e) development located vi thin wetland areas; f) pole buildings or other such_ type of structure that is nqt 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 7:00 -a.m. will be made This is a 24 hour recording. made-the same working day, the following work day. v Temporary Electric v Site - To be made after excavation, but prior to setting forms r/ Footing - After trenches -are excavated 1/ Foundation - After forms are erected but prior to' concrete placement . ,/ UnderflDor Plumbing -- Prior to filling trench -1~ Underfloor Mechanical -'Prior to insulation or decking. '1/ Post & Beam - Prior to floor insulation or decking ~ Underfloor Insulation - Prior to decking , ~ Sanitary Sewer - Prior to filling trench ~storm Sewer - Prior to filling trench _~t~r'Line _- Prior. to. ~illing trench .'.