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Home My WebLink AboutPermit Miscellaneous 1993-12-03/n# ?zzaro l't-Z- q3 \\01s CITY OF SPRINGFIELD COHHI'NITY SERVICES DIVISION BUTLDTNG SAFETY AUTEORTZATION TO PROCEED AGREEUENT THIS AGREEHENT is entered in betveen the City of Springfi hereinafter called City, and the Applicant. ratlon of the Stat , hereinafter the City Community Services Building r developmentction permits o € Springfield' ct ona rea;e County aut or 2e th e Applicant to ts vithout a completed plan reviev or ngfield Building SafetY Code to e1d thi s a ,1 Q3eTfof ,29<by and 0regon, called I,IHEREAS, the applicant has applied to Division for issuance of eertain const impr ovements to be located at 0regon or vithin the City's Ur rov Assess or's Map and Tax Lot number VIIEREAS, the applicant has asked the City t immediately commence development improvemen subsequent approval as required by the Sprir Administrative Code section 303(a). WHEREAST the Applicant has submitted to the City a comPleted permit application' 3 (three) sets oi construction ai""in*sr-specificationi, and other data required for the City to "o*pf"t" tt" n""""sar! plan reviev of the proposed development improvement. VIIEREAS, the intended development improvement is of a nature that requires no other reviev "ppiorif from oihei'Si.i" oi local agencies and is exemPt from the criteria estaurlst"i-uv-it"-g;iiairg-s"i.ty oiri=Io.,, attached as Exhibit A of this Agreement IIHEREAS, the city has not revieved or approved the submitted materials for the development imprlv"*.nt, the Cii;-is-tfrl'refore unable to confirm at this time vhether the permit applicaa.o, "'uUriai"J-"ii1 b" "pptoved' and vhether the i"qtii.a construction'permits can be issued' VginneS, the applicant has requested the City to provide expedited authorization to proceea vittr'ceitti' phases';;-;;";iructitn-ptiot to the completion of the ci,v;s-ievie, of the permit application' UHEREAS, the City's fee {or^i}e administrative services rendered in providing "Ip"aii"a authorization is S150'00' Nov'THEREFoRE,inconsiderationoftheforegoingrecitalsandofthemutual promises "orrt.inld f,.."irr, ,fr"-Cii, "utfrotizls iimediate commencement of the deveropmen..*irli";;;i-;;""rrili'i"*;;;-;"i,rlt application subject to the folloving terms and conditions: Au thori zat ion Page 2. to Proceed Agreement 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 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 viIl comply vith all applicable lavs and ordinances. Applicant's innediate commencement of cotrstruction is at cant's o@ces no assurance t ts vill be or ter 2. City agrees to reviev Applicant'S. permit application in the normal- reviev process and to thereafter: a) issue Applicant the approPriate construction permits; eI b) advise Applicant of deficiencies in the proposed 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 Iimited to, the application or the proposed construction do not comply vith atI applicable stitutes, ordinances or code provisions, Applicant viII expediiiously cure the deficieneies 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), sEcrroN 201 (d) b) order disconnection of serving utilities in a manner as prescribed in BSCAC, SECTToN 201 (f) c) issue a NOTICE ii'3 OEDEE for removal of all such vork in a manner as prescribed in BSCAC, SECTI0N 204. ABATEHENT 0F UNSAFE' SUBSTANDARD 0R beNcgnous BUILDINGS, STRUcTTIRES OR BUILDING SERVICE EQUIPUEM. Upon receipt of such notice, Applicant shaIl immediately remove the vork specified in the Notice and 0rder. 4. Applicant agrees, if the issuance of the permit is denied: a) to remove, at the Applicant's sole cost and expense, al-I completed construction or imProvements; and b) to restore the site or structure to it's pre-agreement condition and free of all hazards t or cons ruc construct on Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until APP licant's permi t aPPli cation is apProved, construction vi11 not to proceed bey ond the point of au thorization aPProved by the C t v 's Building 0fficial icant'Point of thorization is 6. Applieant agrees that all vork performed under this agreement shall be accessible and "6;r;e-ioi in=p""tion pgrposes and that neither the Building 0ffieial nor Cii,"[.if-Ul fi"bf" for ihe-expense entai]ed in the removal or ;;;i;;;"nt ot airy-material necessary to arlov inspection. 7. Applicant agrees that any or all"deficiencies identified during the necessary inspections viIl t" p.o,rptiy-iemedied, at Applicant's sole cost and expense before proceeding "iin'iny iurtf,er. "ontttuttion' Applicant also agrees that ,t"r"-iI.;;;ti;; ao-noi "t"place the required plan reviev nor do ii;t imply "ny "pp.o'"t of the submitted materials' S.Applicantagreesthatnovorkshallbedoneonanypartofthebuilding or structure beyond the point itai""i"a in each succLs!ive insoeetion vithout first obtaining the appiovar of tne suiriirg-oril"tt]'-:::l-:?::outl shall be given;;i;";;?";;".ii,"p""iion ha,s been nade of each successlve step in the conlt;'.,";i;;-." indii,"i.a on the attached Exhibit B' o Notvithstanding any other P rovision s of this Agreement,this Agreement shall terminate uPon issuance of a building Pe rmit or thirtY (301-daYs from the date of this t,vhichever first occurs'Applican t understands that all vork on ec t shall immediatelY cease vi thout any notice from the CitY if this Agr t terminates fore a build p ermit is issued. eemen This agreenen t shall terminate on it ess from anY 10. ApPl and all icant agrees to defend, i costs (including at torney fees) t liabilitY or damage Agreemen the Proj r s of anY kind or nature vhatsoever, for Per sonal injurY and ProPertY damage ar ising from the App licant's ear1Y conmencemen t of cons truction and the vork und ertaken or comp leted. 11. The terms of this Agreement shall extend to and be binding uPon the parties heret o and tiieir heirs,successors and assigns ' !2. If anY suit,action or other P roceeding, or an aPP ea1 therefrom, is instituted to ob tain,es tablish ' enforce, or comP e} anY righ t or obligation resulting from t his Agreement,the Pre vailing Party shalI be entitled to recover from the adverse PartY,in add ition to cost s and dis bursements, such additional sums as the courts,both tr ia1 and aPPeI late, maY judge reasonable atto rney fees. Authorization to Proceed Agreement Page 4. BEFORE SIGNING TEIS AGREEMEM, PLEASE READ AND IJNDERSTAND THE MEANING OF EACH PARAGRAPH OF THIS AGREEMEM. IT AFFECTS YOUR IMERESTS IN THE PROPERTY AND, IN THE EVENT OF DEFAULT, IT PLACES YOU PERSONALLY AT RISK AND THE SUBJECT PROPERTY AT RISK 0F FORECLOSURE FOR COSTS AI.ID EXPENSES INCI]RRED BY THE CITY IN ENFORCING THE TERMS OF THIS AGREEMEI{T. IN TEE EVENT TtsAT YOU DO NOT I.'NDERSTAND ANY TERMS oR coNDrrroNs 0F THrS AGREET{ENT, PLEASE SEEK ANY LEGAL OR OUTSTDE oPrNroNS YoU HAY DESIRE. APPLICANTCITY Building 0fficial I/I{E HAVE READ TEE 1IHAT IT EXPRESSES LAND/PROPERTY AGREEMENT. Name Address Contractor Business Name Address CC Registration *e / ABOVE ATJTEORIZATI ON TO PROCEED AGREEHEM.I/VE IJNDERSTAND AND THE RESPONSIBILITIES IT PLACBS UPON US AS THE I/VE AGREE TO BE BOT'ND BY ALL TERMS AND CONDITIONS OF THE 1l +a1 2747 . r -' :'-'' ::-- i: !':7;!-;:tv;-iF.L "'r;i'. . -- ;' L;- /-'i c' ,:'. : !l fv\A' I^AI{p/PROPERTT oIINER( S ) t 1 PurDose 6--rne Purpose of this agreement is to a1lov'certain development improvements to3::;1"::t;i"i:r:::aining plan ievi"" .ppio"li'i'o, the springrierd community Scope The rise of this agreement sha1l be limited to certain one and tvo-familydvellings not comllex in ,;il;; as determin"J uv the Buirding 0fficial andminor arterations or modificaiions to existing commerciar and industrialbuildings vhich are of. non-"i.uctura1'typ" ind do ""i-.a"".se1y affect anystruetural member of the building or any part of the buirding having fireresistant construction one and tvo-family dvelling prans for structures that are comprex in nature thathave been pt"patei.by an 0;";;; licenseJ-;;Jiiect or engineer and accompaniedby a letter of reviev p."p..Ea by said "."rril""t or-engineer, stating that thesubmitted material is in lorpiiance vith the One and rio-ramily or"ttingSpecialty code, may be consiieiea erigitr"-'i"r".r,i;-#il:il;:' Ergrg11' tr The folloving itens include but are not rimited to certain conditions ofdevelopment identified as ineiigibl" ror-iiii"-"g.""r"nt, a) development requiring site approval vhich has not been obtained; b) nev development located on rand vith over six-percent slope; c) lots having expansive (clay) soil; d) development located vithin flood hazard areas; e) development located vithin vetland areas; f) pole buildings or other sueh type of structure that is not of conventionalconstruction.