HomeMy WebLinkAboutPermit Miscellaneous 1999-6-9
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DEVELOPMENT SERVICES DEPARTMENT
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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:
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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
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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.
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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. )
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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
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'
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,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 '
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AMOUNT RECEIVED . /9 t:
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99/~ 77
RECEIVED BY
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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.
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EXHIBIT B
Required Inspections
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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
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This is a 24 hour recording.
made'the same working day,
the following work day.
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/ 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