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HomeMy WebLinkAboutPermit Miscellaneous 1999-6-9 c' . , , DEVELOPMENT SERVICES DEPARTMENT J6 If'ffrJb77 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 AG~EEMENT is entered, into this "..1 day of J(,cllltf betveen the Ci ty of 'Springfielil-l a mtipTc~f-~~liPora tionot 'hereinaf ter , called, Ci ty, and K.o..v..clU \'(\ ~ ~n~rft" the' Applicant. 'Q , 19 '1"! by and the State-oI Oregon, ,,-hereinafter called YHEREAS, the applicant has applied to the City Community Services Building ~i vision for issuance of certain cons tr& tion .'permi ts for developmen~ . lmprovements to be located at :!ft\,)1j1lu",""l\It:; \lal_~""'t'>'l' Spnngfleld, Oregon or vithin, the City's Urban Grovi:il JUrlsdiCltlonalArea; Lane County , Assessor's Map and ,Tax Lot 'number \ ~O!l('\rnl4 (") let en YHEREAS,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 .Adm~nistrative Code section 303(a) YHEREAS,' the Applicant has ,s'ubmitted 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. YHER!'AS, 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, ',,' , VHEREAS, the City has not reviewed or approved the submitted materials for the developmeri t improvemen t, the ,Ci ty is, therefore unable to confirm a t this time 'vhether the permit applicati0~ submitted vill be approved, and ",hether the I;"equired, construction perroi ts can be issued, 'YH,EREAS,the applicant has' req~ested 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; VHEREAS, the City's fee for the administrative services rendered in providing expedi ted aut'horization 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 folloving terms and conditions: ; . . Authorization to Proceed Agreement Page 2. 1. City agrees that the,Applicant may immediately commence with the development improvements set forth in the permit application"City's authorization to proceed is conditione~however, upon Applicant's agreement ,that the project will 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 villbe approved or the required construction permits vill later be issued. 2. City agrees to review Applicant's permit application in the normal review ~rocess and to thereafter: ' . . a) issue Applicant the appropriate construction permits; ~ b) ad'vise Applicant of deficiencies in the proposed construction which' must be remedied before permits can be issued; or c) advise Applicant of any statutes, ordinances or code provisions with which 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 ,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 ~,~ ORDER for removal of all such vork in a manner as prescribed in BSChC, SECTION 204. ABATEMENT OF u~SAFE, SUBSTANDARD OR DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon ' receipt of such notice, Applicant 'shall immediately 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 structure to it's pre-agreement condition and free of all hazards 0' . . Authorization to Proceed Agreement Page 3. 5. 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 Buildi~ O~ficial. 4ppljcant'sPoint of Authorization is ___ l"'Y .n,~, d~.dk. " - -. '. ' , , 6. Applicant agrees that all york 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. Applicant agrees that any or all'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 required plan reviev 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. Notwiths,tanding 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 be~ore a building permit is issued. This agreement shall terminate on :7(1.1,. , go: Iff'? ' 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 tbeIr heirs, successors and assigns. 12, If any suit, action or other proceeding,oran appeal therefrom, is instituted to obtain, establish, enforce, or compel any right o~ 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 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 APP"'CANT ~ contractor~~ " ~~ Business Name ~~~', :::;/";'::7'd rBUi~~ !~ Address '70 tiC; 3 II '^-I -/'7 '7 E:-. Y'",: e,.. CC Registration # IS. ~tJ17 LAND/PROPERTY OWNERrSl, I/'ilE HAVE READ THE ABOVE, AUTHORIZATION TO PROC,EED AGREEMENT. I/WE' UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US ~S THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL TERMS ~ CONDITION~ ~~E AGREEMENT, Name ~.---/~~l' c/ ,Addresc, 70 'i7 8 ,I-I......-y '17 I-..J E~V'-e. VALIDATION: CITY JOB # ~ECEIPT NUMBER tJ J l.{3 7 z.. DATE PAID ~/~/f7 ' . 'I' <d AMOUNT RECEIVED . /9 t: dw~ 99/~ 77 RECEIVED BY " . . EXHIBIT A, Purpose The purpose of this agreement is t6 alloll 'certa'in development improvements to occur prior to obtaining plan reviell approval from the Springfield Community, Services Division. s~ope' T e use of this agreement shall be limited to certain one and tllo-family dllellings not complex in nature as determined by the Building Official and minor alterations or modifications to existing commercial and industrial buildings IIhich 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 tllo-family dllelling 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 reviell prepared by said architect or engineer, stating that the' ,submitted material is in compliance' IIith the One and Tllo-Family Dvelling Specialty Code, may be considered eligible for this agreement. ' The follolling 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) nell development located on land vith over six-percent slope; c) lots having expansive (clay) soil; d) development located IIi thin flood hazard areas; e) development located vi thin vetland areas; f) pole buildings or other such type of structure that is nQt of conventional construction. , . , . . EXHIBIT B Required Inspections - ~ , To rem.est an inspection, you must call 726-3769. ~'~ ~ns~~ctions requested before 7:00 a,m. will be ".nspections 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 WateroLine,- Prior, to filling,trench