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HomeMy WebLinkAboutPermit Miscellaneous 1998-2-26 . . DEVELOPMENT SERVICES DEPARTMENT 225 FIF.TH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726,3689 CITY OF SPRINGFIELD COMMUNITY.SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT. THIS AGREEMENT is. entered into this ;:?~ ~ day of~. . ,19~ by and betveen the City of Springfield, a mun~'c'pal'.corpo.ration ,ot the State()I Oregon, 'hereinaf~er,called. City,. and ~~ ~_~A'?~ . ,'hereinafter called the' Apphcant.. '. '. . IIHEREAS, the applicant has applied to the Ci ty Communi ty Services Building Division .for issuance of certain construction permits for development improvements to be located at c;/D J.-><,4,.,SALi.-/:J'. ., Springfield, Oregon or vi thin. the Ci ty' s Urban Grovth Jurisdictional Area; Lane .County' Assessor's Map and .Tax Lot number IIIl ') 2- '$ '3 'f a <;>d~. . . IIHEREAS, 'the .applican t has asked. the Ci ty to au thorize the Applican t to immediately commence development improvements vithout a completed 'plan reviev or subsequent approval as required by the Springfield Building Safety .Code . . .Adm,inistrative Code section 303(a) . . IlBEREAS, . the Appli~.mt has .submitted to. the City a completed permit application, 3 (three) sets.of 'construct,ion dravings, specifications, and. other. data required for the City to ,complete the'. necessary plan' reviev of the proposed development improvement. VHE~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 Diyision, attached as Exhibit A of this Agreemen t.'. . '. \/HEREAS, 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 viI! be approved, and whether the I\equired. construction permi ts can be issued. . . . .IIHEREAS,.the ~pplican t has. req~es ted the Ci ty to provide expedi ted au thoriza tion to proceed vith certain phases of construction prior to the completion of .the City~s reviev of the permit application; IiHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150.00. - 'NOli, 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. permi t application 'subject to the' folloving terms. and conditions: i, . . " .' Authorization to Proceed Agreement Page 2. 1. City agrees that the Applicant may immediately commence vith the development improvements set forth in the permit application. ,City's authoriza tion to proceed is condi tionep 'hovever, upon Applican t' s agreemen t ,that the project viII be constructed as set forth in the attached submitted dravings and specifications, except as may be modified by City, and viII' comply vith all'applicable lays and ordinances. Applicant's' immediate commencement of construction is at Applicant's avo risk. The City makes no assurance that the development or construction improvements vill'be approved or the required construction permits vill later be issued. 2. City agrees to reviev Applicant's permit application in the normal reviev 'process and to thereafter: . a) issue Applicant the appropriate constructi~? permits; or b) advise Applicant of deficiencies in the proposed construction vhich' ,must be remedied before permits can be issued; or c) advise Applicant of any stat~tes, 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 limited to, 'the application or the,proposed construction do not eomply vith all applicable statutes, ordinances or code provisions, Applicant viII ,expeditiously cure the deficiencies so that the City may issue the required permi ts. Should Applicant fail' 'to expedi tiously' correct submi tted' 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 JJ'~ ORDER for removal of all such v~rk in a manner as . prescribed in BSChC, 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. Applican t agrees, if the issuance. of. the permi t 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. S. Applicaot 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 . . -. ,:':-, ,.2 _ .:./_< /JpJ rLOtJlf! IJ;~CKIA(Q. . ---:- . -' 6.' Applicant agrees that ~ll work perfor~ed 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 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 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 work 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 . ' " '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 wor~ 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 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, XT 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 APPLICANT city of springfield contractorJEe=, ?H-l~ - BY:./2.A~./ 0~"""",-:;:;>~usiness Name !J/2A-t.eJ- CtJ, . //tY'~( /- /' '. Address q N /I Building Official (1 RUry' io. F'1' a~1~~ CC Registration # (1j /2tJ5 3 tJ LAND/PROPERTY u...."'RfS\ X/WE HAVE READ THE ABOVE AUTJlORXZATXON TO PROCEED AGREEMENT. I/WE. UNDERSTAND WHAT XT EXPRESSES AND THE RESPONSXB:[LXTXES XT PLACES UPONtJS ~S THE LAND/PROPERTY o....",...S. I/WE AGREE TO BE B...u..u BY ALL' 'TERMS AND XON~ nHE A~EEMENT. Name y L:::fj~ . ' 114r1i; " {b-fprA?:.' /LJ, h-~, {)(. . 1'7 Yo P /. . 7' . Address VALIDATION: CITY JOB # q$~ 2.// ~ECEIPT NUMBER -;:;>:8 ~ DATE PAID ? -26 -"98 AMOUNT RECEIVED /_&).,?--- RECEIVED BY ~~ ' _?/,pv . n ., . . EXHIBIT.A, Purpose The purpose of this agreement is to allov'certaln 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 tvo-family dwelling 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 review prepared by said architect or engineer, stating that the' . submitted material is in compliance vith the One and Two-Family Dwelling Specialty Code, may be considered eligible for this agreement. The 'following items include but are not limited to certain condi tions of develQpment identified as ineligible.for thiS agreement: a) development requiring site approval vhich.has not been ob,tsined; b) nev development located on land vith over six-percent slope; c) lots having expansive (clay) soil;. d) development located within flood hazard areas; e) development located within vetland areas; f) pole buildings orother,'such type of structure that is n~t 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 1/ i/ 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 placement Underfloor Plumbing.- Prior to filling trench I . /' Underfloor Mechanical -' Prior to insulation or, decking '.. .::-. t.,:,/,/'post.& Beam Prior to floor insulation or decking ~~nderfloor Insulation. - Prior .... to decking . sanitary Sewer - Prior to filling trench Storm Sewer - Prior to filling trench wateroLine.- Prior, to. ~illing.trench