HomeMy WebLinkAboutPermit Miscellaneous 1996-11-20
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CITY OF SPRINGFIELD
COMMUNITY SERVICES DIVISION
BUILDING SAFETY
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AUTHORIZATION TO PROCEED AGREEMENT
THIS AGREEMENT is entered into this day of
betv7en the.City of ~pringfi~' a m~nicipal ~or~ration ot
hereInafter called Clty, and ~l::iU~ 'lOU.._ ~~,
the Applicant. -
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the State-oI Oregon,
, hereinafter called
VHEREAS, the applicant has applied to the City Community 'Services Building
Division for issuance of certain constru~i~n pePmits~or development
improvements to be located at 4.t)~~ ..eI\I..)lt.. o..u ~~ Springfield,
Oregon or vithin the City's Urban Grovth JurisdicHonal Area; Lane County
Assessor's Map and Tax Lot number \ ~~~~V~... b3.'\<..O .
VHEREAS, the applicant has asked the City to authorize the Applicant to
immediately commence development improvements without a completed plan review 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 drawings, specifications, and other data required
for the City.to complete the necessary plan review of the proposed development
improvement.
VHEREAS, the intended development improvement 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 Division, attached as Exhibit A of
this Agreement.
VHEREAS, the City has not reviewed or approved the submitted materials for the
development improvement, .the City is therefore unable to confirm at this time
whether the permit applicatio~ submitted viII be approved, and vnether the
~equired construction permits can be issued.
VHEREAS, 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 ~he permit application.
VHEREAS, the City's fee for the administrative services rendered in providing
expedited authorization is $150.00.
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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 permit application subject to the
following terms and conditions:
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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 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 development or construction improvements viii be approved
or the required construction permits viII 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; 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 vith
vhich Applicant must comply vith before City can issue the permit.
3. Applicant agrees that if City finds Appli~ant's permit application and
submitted materials inadequate or deficient 1n any manner including but not
limiteQ to, the application or the proposed construction do not comply with
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 l~J 03DER for removal of all such v~rk in a manner as
prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, SuaST~~DARD 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. 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 appiication is approved,
construction viII not to proceed beyond the point of authorization approved
by th~ City's Build\ng ~fficial. Ap~licant's P~nt of Authorization is ___
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6. Applicant agrees that al~ vork pe~rmed under this agreement shall be
accessible and exposed for inspection purposes and that neither the Building
Official nor Cit~ shall be liable for the expense entailed in the removal or
replacement of any material necessary to allov 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 vork 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. Notvithstanding any other provisions of this Agreement, this Agreement
shall ~erminate 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 vithout 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 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.
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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 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
By: /(/~/r'JM
hn_
Contractor
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Building Official
Business Name
Address
CC Registration #
LAND/PROPERTY OIlNER(S)
I/VE HAVE READ.THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/VE UNDERSTAND
VHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE
LAND/PROPERTY OVNERS. I/VE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE
AGREEMENT.
Na~e .~ J~AAa
Address ---1.kJ.5 R,;"", ~ j), <(~..^ Oe ~ o'{
C::-?i::~ C!= CitY ATTO~~~.;:Y
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EXHIBIT A
Purpose
The purpose of this agreement is to alloy 'certain d~elopment improvements to
occur prior to obtaining plan review approval from the Springfield Community
Services Division.
Scope
The 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 modificat~ons to existing commercial and industrial
buildings yhich 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 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 reviey prepared by said architect or engineer, stating that the
submitted material is in compliance with the One and Two-Family Dvelling
Specialty Code, may be considered eligible fo~ this agreement.
The folloying 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 yithin flood hazard areas;
e) development located yithin wetland areas;
f) pole buildings or other such type of structure that is not of conventionai
construction.
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EXHIBIT B
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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,
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the followLng work day.
site - To be made after excavation, but prior to setting forms
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Footing - After trenches are excavated
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Foundation - After forms are erected but prior to concrete placement
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Underfloor Plumbing - Prior to filling trench
Underf~oor Meehan1ca~ - Prior to insulation or decking
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Post & Beam - Prior to floor insulation or dec~ing
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Underfloor Insulation - Prior to decking
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Sanitary Sewer - Prior to filling trench
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storm Sewer - Prior to filling trench
'X
Water Line - Prior to filling trench