HomeMy WebLinkAboutPermit Miscellaneous 1996-2-12
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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.
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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:
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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:
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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. 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.
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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.
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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.
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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.
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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
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Temporary Electric
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This is a 24 hour recording.
made the same working day,
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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.
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