Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1999-8-3 :,' ~' .. . . SPRINeLD 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, . . k " , , THIS AGREEMENT is entered into this ''5 day of _ ' -S~ 19 by and betveen the City 6fSPringfie~a . riiq\Ral cOljPf"A'tlon o~he State~ Oregon, hereinafter called. Ci ty, and . V~Y"'l.".1J" , "hereinafter calle.d the' Applica~t;.. . , . community Services Building erm~' fogevelopmen t . . Springfield, rcto r~a; Lane .County , \~, ~ . .. .. IIHEREAS, the applicant has asked the Ci ty to authorize the Applicant to immediately commence development improvements vithout a completed plan reviev or subsequent approval as required by the Springfield Building Safety Code .Administrative Code section 303(a) , . , IIHEREAS, the appli'can t has applied to the Ci ty Division for issuance of certa~' 0 truc ion improvements to. be located at ~ Oregon or vi thin, the Ci ty' s Ui an ~r v JUf\S Assessor's Map and.Tax Lot number \ ~ IIHEREAS, ,the Applicant hassubmi tted to, the City a completed permit application, 3 (three) sets, of .construction dravings, specificat,ions, and .other data required for the City to .complete the'necessary. plan.reviev of the proposed development improvemen t. IIHE~AS, the intended development improvement is of a nature that requires no, other reviev 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 Agreement. IIHEREAS, the City has not revieved or approved the submitted materials for the develop~erit improvement, the ~ity is. therefore unable to confirm at this time 'vhether the permit applicati0~ submitted viII be approved, and whether the .equired construction permits can be issued. . . , .. , , r IIHEREAS, the applicant has requested the City to provide expedited authorization to proceed vi th certain phases of construction prior to the completion of 'the Ci ty' s reviev of the permi t application; YHEREAS, the City's fee for the administrative services rendered in providing expedited authorizat'ion is $150.00. NOli, 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, permi t application .subject to the folloving terms' and conditions: .-: .. e. <, '. 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 conditionep .hovever, upon Applicant's agreement ,that the project viII De constructed as set forth in the attached submitted dravings and specifications, except as may be modified by City, and viII comply vith all. applicable lays and ordinances, Applicant's. immediate commencement of construction is at Applicant's own risk. The City makes no assurance that the development or construction improvements viII 'be approved or the required constructlon permits viII later be issued. 2. City agrees to reviev 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 vhich . must be remedied before permits can be issued; ~ c) advise Applicant of any statutes, drdinances or code provisions vith vhich Applicant must comply vith 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 .folloving 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 ~\;) ORDER for remov~l of ~ll such york in a manner ~s prescribed in BSChC, SECTION 204. ABATEMENT OF D~SAFE, SUBSTANDARD OR DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant .shall'immediately. remove, the york 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 , .. .. e. Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction will not to ~roceed beyond the point of authorization approved by the City's Building Official. Applicant's Point of Authorization .is~ . 1,.~(\r · . .....,. 6.' Applicant agrees that ~ll t)rk perfor~ed 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 allow 'inspection. . 7. Applicant agrees that any or all"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 and their 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 o~ 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. J. . .. . . 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 EX:PENSES 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 of springfield ~ By;;7r.....~-? BUil~ Official . _APPLICANT contractor~~ CITY Business Namp ~ /"'7 Z1~~?/?/ ~E ...... . Address r~~.NO;A'?f. e>j;> fj/e-(" , r -,' , CC Registration # \ f).() to \.Q 0 LAND/PROPERTY OWNER/SI UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE . TERMS ANn CONDITIONS OF THE AGREEMENT.. , ~,.u 'l .~ ..Address "2-rZ/C . ~'-'-:"?f~/YC-(tt!:' R' .clPl"c//~ C/7l/- t:?)q. ~/yVg. Name VALIDATION: CITY JOB # (\C\ aQ~ \Jl I<ECEIPT NUMBEF =?S'c>s;;?.5"' . ;' DATE PAID 4:."3- ~"'3 r o/'ij ~ CZ(R'?:.7E~P. AMOUNT RECEIVED / -S- ~_ _.c a~ . /'/., RECEIVED BY r. '" .. e. EXHIBIT A. Purpose The purpose of this agreement is to alloy 'certaln development improvements to occur prior to obtaining plan reviev approval from the Springfield Community, Services Division. ~~ope e use of this agreement shall be limited to certain one and tvo-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 structural.member of the building or any part of the building 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 archi tect or engineer, stating that the. ,submitted material is in compliance vith the One and Tvo-Family [)yelling Specialty Code, may be considered eligible for this agreement. The folloving items include but are not limited to certain conditions of development identified as ineligible for this agreement: a) development requiring site approval vhichhas not been obt81ned; b) nev development located on land vith over six~percent slope; c) lots having expansive (clay) soil; d) development located vi thin flood hazard areas; e) development located vithin vetland areas; f) pole buildings or other such type of structure that is n~t of conventional construction, . .~ . , - 'V 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 Temporary Electric . . This is a 24 hour recording. made. the same working day, the following work day. site - To be made ~fter excavation, but prior to setti~g forms Fo~tin9 - 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 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 Water 0 Line .- Prior. to. ~iliing.trench