Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1998-5-17 l'\r ," =. .' SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 F.IF.TH STREET SPRINGFIELD, OR 97477 (541) 726,3753 FAX (541) 726,3689 CITY OF SPRINGFIELD COMMUNITY 'SERVICES DIVISION BUILDING SAFETY' ~' T AUTHORIZATION TO PROCEED AGREEMENT, THIS AGREEMENT is, entered into this It.ii: day of MAv' ' ,199.9t by and betveen the City of Springfield, a munlclpalcorporationfot the State~ Oregon, 'hereinaf~er, called, City,',and, ~'~A<,.. , ,'hereinafter calle,d the' Appllcant. " " ' I IlHEREAS, the applicant has applied to the City C;ommunity Services Building Division ,for issuance of certain construction permits for development ' improvements to be located at <i1'f 8' AA r~F C,{f'f'r, Springfield. Oregon or, vi thin, the City's Urban Grovth JllnSilictiona Area; Lane 'County,' . Assessor's Map and ,Tax Lot number 171) 3.., ! u'< ' (J (ion' . IlHEREAS, 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) , . . . . \1HEREAS, -the Appli~t hassubalitted to the City a completed permit application, 3'(three) sets,of,construction dravings, specifica~ions.. and'other, data required for the City to ,complete the necessary, plan'reviev of the proposed development improvement. , , , , , , , , \IHE~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 Diyision, attached' as Exhibit A of this Agreement.' " " IlHEREAS, tbe City has not revieved or approved the submitted materials for the ,development improvement, the ,City is, therefore unable to confiTm at this time ' 'vhether the permit applicati~~ submitted vill be approved, and vhether the lCequired, construction permi ts can be' issued. ' '\l~iREAs, the applicant ha; 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; IlHEREAS, the City's fee for the administrative services rendered in providing expedited authorizadon is $150.00. , , , NOll, THEREFORE, in:consideration of the foregoing recitals'and of the mutual ' promises contained herein; the City authorizes immediate commencemen~ 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 au thorization to proceed is condi tionep 'however, upon Applican t' s agreemen t 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 vith all' applicable laws 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 will'be approved or tbe required construction permits vill later be issued. 2. City agrees to reviev Applicant's permit application in the normal review process and to thereafter: . a) issue Applicant the appropriate construction permits; ~ 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 with 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 limi ted to"the application or the proposed construction do not comply vi th 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 tolloving 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 s~rving utilities in a manner as prescribed in BSCAC, SECTION 201 (f) c) issue a NOTICE J~'~ ORD~~ for removal of all such york in a manner as' prescribed in BSCAC, SECTION 204. ABATEMENT OF UNSAFE, SUBSTANDARD O~ DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant 'shall: immediately' remove, the york 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 si te or structure 'to it's pre-agreement condition and free of all hazards . . Authorization to Proceed Agreement Page, 3. S. Applicant agrees that until Applicant's permit application is approved, construction will not to proceed beyond the point of authorization approved by the City's Building Official. Applicant's Point of Authorization ,is FII2ST FL/)If~ ,FLnIlI<.. IJEr'fC/I((, , , , 6. Applicant agrees that aU work 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 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. Appl~cant also agrees that these inspections do not replace the required 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 york on the project shall immediately cease without any ,notice from the City if this Agreement terminates before a building permit'is issued., This agreement shall terminate on dilAJ;;: /0. /9~ " ' , '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 anq,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 their 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 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 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 of springfield . APPLICANT contractor SAcl.!.. HA TlMWA I( CITY, By: -fk/J-1~ -~ " 7Yr- Building Official Business Name Address 2--5 '2-- fA) rf)~EW(IIJ 0 f)~ IJE. i7jf6(L~ tJI( CC Registration I LANDtPROPERTY OWNER'Sl ~ X/WE HAVE READ THE ABOVE AUTHOlUZATXON TO PROCEED AGREEMENT. I/WE, UNDERSTAND WHAT XT EXPRESSES AND THE RESPONSIBXLXTXES XT PLACES ' UPON US ~S THE LAND/PROPERTY OWNERS. X/WE AGREE TO BE BOUND BY ALL · TERMS AND CONDITIONS OF THE AGREEMENT. Name ~~7/ ~~'~~ ' Ad~d5~ u\p1;Pu.)pD~-U5 .De VALIDATION: CITY JOB I qg- 0 4cSS- I<ECEIPT NUMBER ~q '7 .:3 '7 RECEIVED BY S-IJ-q'\ -SP1g). 9<0 c:J.> DATE PAID AMOUNT RECEIVED . . EXHIBIT ,A , Purpose The purpose of this agr(!ement is to allov'certa'in development improvements to occur prior to obtaining plan reviev 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 modifications to existing commercial and industrial 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 nature 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 Dwelling Specialty Code, may be considered eligible for this agreement. The "following items include but are not limited to certain conditions of develqpment identified as ineligible .for thiS agreement: ' , ' a) development requiring site approval which ,has not ileen obtained; b) nev development located on land vith over six-percent slope; c) lots having expansive (clay) soil; d) development located vithin flood hazard areas; e) development located within wetland areas; 'f) pole buildings'~r 'other such type of structure that is not of conventional construction. . . . EXHIBIT B 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 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 v ~- Foundation After forms are erected but prior to concrete placement /' I1nderfloor Plumblng'- Prior ,to filling trench ~'-l1nderfloor Mechanical -' Prior to insulation or, decking .' 'I ,/ Post, & Belllll - Prior to floor insulation or ~ecking ./ .......---/ I1nderfloor Insulation - Prior to decking . 1....""-"/, sanitary Sewer - Prior to filling trench / ~~orm,sewer - Prior to filling trench I~~t~r Line,- Prior to filling,trench ',' '.