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HomeMy WebLinkAboutPermit Miscellaneous 1996-2-12 ~~- , -. ';'. ~ \nOW':) . . ... 1A " "'" CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is entered into this r;2.rJ(. day of ~~ _, 19)b by and betv7en the.City of ~pringfield, a rnunic~Qal corporation ot th~ St~te-oI Oregon~ hereInafter called CIty, and :::utf\ m.\.t(\'UDrY\ , herel.nafter callea the Applicant. ,. , - ~HEREAS, the applicant has applied to the City Community Services Building Division for issuance of certain \~,ns\ru ion per'Ri tSlor. development improvements to be located at .\),\ \ .'1, lcj \,e, Springfield, Oregon or \o'i thin the Ci ty' s Urban Grovth u IS lc.tiona Are~" Lane County Assessor's Map and Tax Lot number \)( DU) l o. \-:z., ~~ \0 h J1). ; .. ~HEREAS, the applicant has asked the City 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 Administrat.ive Code section 303(a), IlBEREAS, the Applican t has submi t ted to the Ci ty a completed permi t application, 3 (three) sets of construction dravings, specifications, and other data required for the City to complete the necessary plan reviev of the proposed development improvement. IlHEREAS, 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 Division, attached as Exhibit A of this Agreement. . IlHEREAS, the City has not revieved or'approved the submitted materials for the development improvement, .the City is therefore unable to confirm at this time vhether the permit applicatio~ submitted vill be approved, and vhether.the required construction permits can be issued. IlHEREAS, the applicant has requested the City to provide expedited authorization to proceed vith certain phases of construction prior to the completion of the City'S. reviev of the permit application. IlHEREAS, the City's fee for the administrative services rendered in providing expedited authorization. is $150.00. ~ 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 folloving terms and conditions: r . I c . . Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence yith the development improvements set forth in the permit application. City's authorization to proceed 4s conditione~ hoyever~ upon Applicant's agreement that the project yill be constructed as set forth in the attached submitted draYings and specifications, except as may be modified. by City, and yill comply yith all applicable lays and ordinances. Applicant's immediate commencement of ronstruction is at Applicant's ovn risk. The City makes no assurance that tfie development or construction improvements vill be approved or the required construction permits yill later be issued. 2. City agrees to reviey Applicant's permit application in the normal reviey process and to thereafter: . a) issue Applicant the appropriate construction permits; or b) advise Applicant of deficiencies in the proposed construction vhich must be remedied before permits can be issued; ~ c) advise Applicant of any statutes, ordinances or code provisions yith 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 folloYing 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 ~,~ O~DER for removal of all such .~rk in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT Or u~SAFE, SUBST~~DARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant shall immediately remove the Yor~ 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. e Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction vill not to ~roceed beyond the point of authorization approved by the City's Building Offi~ial. Applicant's.P~Dt of Authorization is..~ t '_'0 ~\r I ~ ' . . 6. Applicant agrees that all york performed under this agreement shall be accessible and exposed for inspection purposes and that neither the Builqing Official nor City shall be liable for the expense entailed in the removal or replacement of any material necessary to alloy inspection. 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. 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 york 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. NotYithstanding 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, vhichever first occurs. Applicant understands that all york 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 terminate on MA4'1'!.H /3. /J'5't:.. 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 vhatsoever, for. personal injury and property damage arising from the Applicant's early commencement of construction and the york undertaken or completed. 11. The terms of this Agreement shall extend to and be binding upon the parties hereto and t:,eir 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 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, eLEASE READ AND UNDERSTAND THE MEANING OF EACH PARAGRAPH OF THIS AGREEMENT. IT AFFECTS YOUR INTEREST~ 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 ., APPLICANT City of Springfield ~y:#~~_ r7Ju: Building Official Business CC Registration D LAND/PROPERTY OVNER(S) .I/YE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/YE UNDER STANO .' YHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OYNERS. I/YE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. I I Name Address r . F:EV;I:\'/~['! [;'; Ir'.i'"J;;::C'VC:D ,.,... -r.. F"-j-r, ~)~~~~.~~".;j L~>\'I ~~f//T #- 2D)~S- , r ... U:,-E: h=-" ,c... \ ~ "1.. ~ Cr=Fi~:: C!= Cll\' ATTO~~~.~:\: (;~.!-\: __. ~'~"::;!:':::::~!2L~ " . : ,,"'.' . . EXHIBIT A Purpose Tne purpose of this agreement "is to alloy .certain d~elopment.improvements to occur prior to obtaining plan reviev approval from the Springfield Community Services Division. s~ope T e use of this agreement shall b~ 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 architect or engineer, stating that the submitted material is in compliance vith the One and Tvo-Family n.'elling Special ty Code, may be considered eligi ble for. this agreemen t. The folloving 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 vith over six-percent slope; c) lots having expansive (clay) soil; d).development located vithin flood hazard areas; e) development located vithin vetland areas; f) pole buildings or other such type of structure that -is not of conventionai construction. .. . ,. J" .. . EXHIBIT B Required Inspections To request an inspection, you must call 726-3769. All inspections requested befor~ 7:00 a.m. will be Inspections requested after 7:00 a.m. will be made . .....: /' '><:"" r , -../' ............ /' y I' )c r y / Temporary Electric . , This is a 24 hour recording. made the same working day, ... , the follow~ng work day. Site - To be made after excavation, but prior to setting forms Footing - After trenches are excavated 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 Line - Prior to filling trench. i