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HomeMy WebLinkAboutPermit Miscellaneous 1998-3-19 .~ , ." . . SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIF.TH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 CITY OF SPRINGFIELD COMHUNITY'SERVICES DIVISION BUILDING SAFETY >> 'J AUTHORIZATION TO PROCEED AGREEMENT, THIS AGREEMENT is. entered into this . /~ day of ~~~~ ,'l~~y and betveen the City ofSpringfie~d8 a muni'ci~l c. orpo'rat'ion ,of- the StateCiT'Oregon, 'hereinaf~er called. Ci ty,and '-<1.1 .~\\'O ~.o ~O() , " hereinafter calle.d the' Appl1cant. . ., .': ' \lHEREAS, the applicant has applied to the Ci ty Communi ty Services Building Division ,for issuance of certain ,s:P.lJ"J uction p,erm' ts, for~evelopment . improvements to be located at n,~' "liT:- U( Springfield, Oregon or vi thin, the Ci ty' s, Urban Grovt uns lcuonaI Area; Lane 'County " Assessor's Hap and .Tax Lo tnumber \f\ f)~:734-~ rY2ItfL- .... 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~n~strative Code section 303(a) , . IIHEREAS, ,the Ap'plic~t has submitted to, the City a completed permit application, 3' (three) sets,of'constructjon dravings, specifica~ions.. and, other, data required for the City, to 'complete thi necessary, plan'reviev of the proposed development improvement. , , ' \IHE~AS; the intended development impr9vement 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 Di~ision, attached'as Exhibit A of this Agreement.' , " \lHEREAS, the City has not revieved or approved the submitted materials for the development improvement, the ,City is, therefore unable to confirm at this time 'vhether the permit applicati~~ submitted viII be cpproved, and ",nether the r;:equired, construction permi ts can be' issued. 'YH,EREAS,.the !lPplicant 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; \iHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is. $150.00. NOY, THEREFORE, in:~onsideration ,of the foregoing recitals and of the mutual ' promises con tained herein; the Ci ty au thorizes immedia te commencement of the deve10pmen t improvemen t specified in' the, permi t applica tionsubj ec t 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 develo ment or construction im rovements vill'be approved or the reQuired'constructlon permlts Vl ater e lssue . 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) 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 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'jollowing 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 lJ\;) ORDER for removal of all such v~rk in a manner as . prescribed in BSChC, SECTION 204. ABATEM~~ OF ~~SAFE, SUBSTANDARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicantshall'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 . . . . 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 Building Offic~l. Applicant's Point of Authorization 'is'~ ' ( \pI'\(, Jf\'\ '. 6.' Applicant agrees that all york per~o~med 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 al1"deficiencies identified during the necessary inspections villbe promptly remedied, at Applicant's sole cost and expense before.proceeding vith' 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 york shall be done on any part of the building or structure beyond the point indicated in each successive inspection vithout 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 au ached 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 iDlll1ediately cease wi thout any,.notice from the City if this Agreement terminates before a building per~it'is issued., This agreement shall terminate on . . , " '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 t~eir heirs, successors and assigns. 12. If any suit, action or other proceeding, ,oran appeal t'herefrom, 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 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 AGR~EMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE. city of springfield .APPLICANT! n contractor\\t~WJ..P>I_~~ CITY By:/2; '/: ./~~ -/ - Business Name Building Official Address CC Registration # 3l#tCi LAND/PROPERTY O",..",...('S, I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. X/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 ~ CONDIT;'ONS OF THE AGREEMENT. 1 ,_\ . '% )~ _. ,,~ Name . ~ ~.........-- \ ~ "t:fl' ~ .Address (\t~$-.9_' ~~ ~ ,0:= n ,/77 VALIDATION: CITY JOB # Q~ ot<tliJ ~ECEIPT NUMBER Od-.1/L( 1-- DATE PAID, :S Itq /q1 AMOUNT RECEIVED I I ~ 0 .W ~.thiA~, I . RECEIVED BY . . EXHIBIT A, Purpose The purpose of this agreement is to allow 'certain development improvements to occur prior to obtaining plan review approval from the Springfield Community, Services Division. Scope the use of this agreement shall be limited to certain one and two-family dwellings not complex in nature as determined by the Building Official and minor alterations or modifications to 'existing commercial and industrial buildings which are of a non-structural'type and do not adversely affect any structural,memb~r of the building or any part of the building having fire 'resistant construction. One and two-family dwelling plans for structures that are complex ,in nature that have, been prepared by ari Oregon licensed architect or engineer and accompanied. by a letter of review prepared by said architect or engineer, stating that- the' '.submitted material is in' compliance' with the One and Tvo-Family Dwelling Specialty Code, may be eonsidered eligible for this agreement. The following items include but are not limited to certain conditions of development identified' as ineligible ,fOr this agreement:' a) development requiring site approval which.has not been obtained; b) new development located on land with over six-percent slope; c) lots having expansive (clay) soil; d) development located within flood hazard areas; e) development located within wetland areas; f) pole buildings or 'other such type of structure that is nqt of conventional construction. . ~ . . EXHIBIT B . ReqUired Inspections . To request an insPection, you must ,call 72~-3769. All inspections requested before 7:00 a.m. will be Inspections requested ~fter 7;00 'a.m; will be made Temporary Electric This is a 24 hour recording. made'the same working day, the following. work day. 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 placeme~t 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 decking . sanitary Sewer - Prior to filling trench Storm Sewer - Prior to filling trench Water:Line,- Prior, to filling,trench ',- .