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HomeMy WebLinkAboutPermit Miscellaneous 1997-7-16 ';1 'P. .. .- ~101Q,q CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT. .. THIS AGREEMENT is entered. into this' day of ',19 by and betveen the City of Springfield, ~~~]pa\ ~~~~tio~~f the State-oI Oregon, hereinafter called City, and, tffi . lJl~, hereinafter called the. Applicant: .. . VHEREAS, the applicant has applied to the City Community Services Building Division for issuance of certai~S\n~~ct~or. pe~mit~O{o~~elopment improvements to be located at . _ 'f... (,f\1\A9J\ /I Springfield, Oregon or vi thin the City's Urban Grovt JurlsdTctio a Area; Lane County' Assessor's Map and Tax Lot number '~()I)j"f::.,\ Q. 00\.0//"'\ ' . VHEREAS, 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 .Administrative Code section 303(a). VHEREAS, the Applicant has submitted to the City a completed permit 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 improvemen t. VHEREAS, the intended development improveme~t 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, a~tached' as Exhibit A of this Agreement. VHEREAS, 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 applicati~~ submitted vill be approved, and vnether the ~equired construction permits can be issued. VHEREAS', the applicant has' reques ted th~ Ci ty to provide expedi ted au thoriza tion to proceed vith certain phases of construction prior to the completion of the City's reviev of the permit application; .. .-, VHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150.00. .. NOV, 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. t~e fo1loving terms and conditions: ", .. . . 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 authoriz~tion to proceed is conditione~ .hovever, upon Applicant's agreement that the project viII be constructed as set forth in the attached submitted dravings and specifications, except as may be modified by City, and viII comply vith all applicable lavs and ordinances. Applicant's' immediate commencement of construction is at Applicant's ovn risk. The City. makes no assurance that the develo~ment or construction improvements viII be approved or the required constru~~lon permits viII later be issued. J. City agrees to revievApplicant'~ permit applic~tion in the normal iev{ev process and to thereafter: ' a) issue Applicant the appropriate construction permits; ~ b) advise Applicant of deficiencies in the. propo~ed construction vhich. must be remedied before permits can be issued; or c) advise Applicant of any statutes, ordinances .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 Ci.ty 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 mannet 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 .t.E] ORDER for removEl of c..ll such ".or!: in a manner as ;:~ prescribed in BSCAC, SECTION 204. ABATE~ENT OF UNSAFE; SUBSTANDARD OR DANGEROUS.BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant shall' immediately' remove. the vork , specified in the Notice and Order. 4. . Applican t agrees, if the issuance of. the permi t 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. .. S. Applicant agrees that until Applicant's permit application is approved, construction viII not to proceed beyond the point of authorization approved by the City's BU:~Qg~f\f~~l. Applicant's Point of Authorization is 6. Applicant agrees that all ~rk 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 replacement of. any material necessary to allov.inspection. 7. Applicint 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 vork 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. Notvithstanding 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 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 terminate on ~ul'Y 14?1 /9'97 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 vork undertaken or completed. . . .- 11. The terms of this Agreement. shall extend to and be binding upon the parties heret.o and, tbeir 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 or. obligation resulting from this Agreement., the prevailing party shall be enti tIed to ' recover from the adverse party, in addi tion. to cos ts and disbursemen ts,' such addi tional sums as the courts, bo.th trial and appellate, 'may judge reasonable attorney fees. '.., , .. . . Authorization to Proceed Agreement Page 4 DEFORE 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 ,APPLICANT Contractor i\ \()v. \~~. , Lhu.. OVJ yd.., . Busi:e~ Name ::~ Springfield 'Cf~ Building Official Address J CC.Registration # LAND/PROPERTY OWNER(S\ 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 OF THE AGREEMENT. . Na~e ~~~c.r-~ (o/l~A7 . Address .. :~3 VALIDATION: CITY JOB # C\~0'1'L9 J{ECEIPT NUMBER ZCoI ~ 2- . r"f31' ? AMOUNT RECEIVED. /:<)0,44 .#~ c DATE PAID RECEIVED BY " . ., 'J EXHIBIT.A. Purpose the purpose of this agreement is to allow ~ertain development improvements to . occur. prior to obtaining plan review approval from the Springfield Communi ty 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' . submi t ted material is in compliance wi th the One and Two-Family Dwelling Specialty Code, may be eonsidered eligible for this ~greement. . 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 land with over six-percent slope; c) lots having expansive (clay) soil; d).development located within flood hazard areas; e) development located within 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 In~tions requested after 7:00 a.m. will be made Temporary Electric .. v / V ~- c--- ./ v v / j ..J '..... "(, . This is a 24 hour recording. made. the same working day, the following work day. site - To be made after excavation, but prior to setting forms 1 Footing - After. trenches are excavated Foundation - After forms are erected but prior to concrete placement Underfloor Plumbing - Prior to filling trenCh Underf100r Mechanical - Prior to insulation or decking Post & Beam - Prior to floor insulation or decking , Underfloor Insulation - Prior to decking , Sanitary sew~r - Prior to filling trench Storm Sewer - Prior to filling trench Water Line.- Prior. to, filling.trench ;""'." .- ...... ,.~. . .:.i 't'