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HomeMy WebLinkAboutPermit Miscellaneous 1999-5-20 . 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, THIS AGREEMENT is entered in,to this J.."ei d~y of /t1a..,.. betlleen the City of Springfield, a municipal corporaticdi ot hereinafter' called City, and M../~.IM frJt1[;jvEY the' Applicant: - YHEREAS, the applicant has applied to the City Community Services Building Division for issuance of certain construction permits for development ' improvements to be located at '1tb7 14, Ie';! ,." Springfield, Oregon or IIi thin the Ci ty' S Urban GroJ'th Jurisdictional Area; Lane County , Assessor's Map and Tax Lot number Ir()2b~/"Z- b'19tPl .' . ,19!J by and the State~ Oregon, ,,'hereinafter called YHEREAS, the applicant has asked, the City to authorize the Applicant to immediately commence development improvements IIithout a completed plan revie" or subsequent approval as required by the Springfield Building Safety 'Code .Admjnistrative Code section 303(a) , YHEREAS, .the Applicant has submitted to the City a completed permit application, 3 (three) sets of ,const'ruct.ion drallings, specificat,ions,- and other data required for the City to ,complete the necessary plan'reviell of the proposed development improvement. YHE~AS, the intended development improvemellt is of a nature that 'requires no other reviell approval from other State or local a.gencies and is 'exempt from the criteria established by the 'Building Safety Division, attached' as Exhibit A of this Agreemen t. '. --. YHEREAS, the City has not revieved or approved the submitted materials for the developmerit improvement, the City is, therefore unable to confirm at this time 'IIhether the permit applicati0~ submitted IIill be approved, and ",nether the required construction permits can be issued. YBEREAS "the applicim t has reques ted the City to ,provide expedi ted au thoriza tion to proceed IIith certain phases of construction prior to the completion of 'the City's reviell of the permit application; IlHEREP.-S, the Ci ty's fee for the administrative services rendered in providing expedited a.uthorization is $150.00. NOY, 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 follolling 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 authorization to proceed is conditionep 'hovever, upon Applicant's agreement that the project viII be constructed as set forth in the attached submitted drawings and specifications, except as may be modified by City, and will' comply with all, applicable laws 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 tbe 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 which' ,must be remedied before permits can be issued; ~ c) advise Applicant of any statutes, ordinances or code provisions with which Applicant must comply with 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 with all applicable statutes, ordinances or code provisions, Applicant will 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 .following 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 lJO ORDER for removal of all such vor!: in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, SUBSTANDARD OR, DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant 'shall'imrnediately' remove, the work 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 struct,ure to it"s pre-agreement condition and free of all hazards . . Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction will not to proceed beyond the point of authorization approved by the Ci!}~~~::lding Official. Applicant's ,Point of Authorization 'is " 6. Applicant aglees that all work 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 aU.'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 requi'red 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 bflfore a buildin~ permit'is issued. , This agreement shall terminate on t-I/..<M# 10 /<110/ ' / I 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 pro'ceeding,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. . . 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~ENSES 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~~~~ City of Springfield By: a/ uJ hfL ' f}Cf/V(jJ~ ! ~ Building Official Business Nam~\v\S~~' '.Q~.,,-- Address 3("\30,.~L2-Jz' CC Registration # 71118 LAND/PROPERTY OWNER(Sl 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. Name '~&.;~"tA'-~ Address 3~\30 ~0.. '(~,O~)Cr7'f;b VALIDATION: CITY JOB # 19 !Jl/lf ~ECEIPT NUMBER 0"-5 !.-II l.. L/ '5 /zo /7' AMOUNT RECEIVE; ~ ~f / ~ ,;;, RECEIVED BY bLY {/V~ DATE PAID . . EXHIBIT A, Purpose The purpose of this agreemen t is to a110v 'certa'in developmen t improvemen ts 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 al tera t,ions or modifica t ions to exist ing commercial and indus trial 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 natur'e 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 Dve11ing 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 obtained; 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 vi thin vetland areas; f) pole buildings or other such type of structure that is n~t of conventional construction. ,. " . . EXHIBIT B Required Inspections To r~quest 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 This is a 24 hour recording. made'the same working day, the following. work day. Temporary Electric ~ 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 deck~ng Sanitary Sewer - Prior to filling trench Storm Sewer - Prior to filling trench ,Uwatero Line, - Prior, to. fU'ling ,trench '".,