HomeMy WebLinkAboutMiscellaneous Notice 1998-11-11
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SP.lFIELD
DEVELOPMENT SERVICES DEPARTMENT
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 AGREEMENT is, en tered i~t this ~1k.. day of ;J{)J/~-<d?, 19 9Aby and
betveen the City of Springf'e d, a lIIU 1 iJtl\t..l<.9rRosanion 0 the State~oregon.,
'hereinafter called. City, an ~JlI\U _v::::u.l..Ul\\IUL- ',' hereinafter called
the' Applicant: ' , - '. '
~HEREAS, the applicant has applied to the City Community Services Building
Division for issuance of certain ~ntr~~tAor Ptfri~s ~r development '
improvements to be located at ~~~l-\VX~JI0,~UlQ~, Springfield,
Oregon or vi thin the Ci ty' S Urban Grovt>> )pr:i.s,dictional Area; Lane County "
Assessor's Map and Tax Lot number t:l0~<,,')\ D \lJOQ . '
~HEREAS, 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
.Administrative Code section 303(a)
~HEREAS, .the Applicant has submitted to the City a completed permit application,
3 (three) sets of .construction dravings, specificat,ions, and other data required
for the City to ,complete the necessary plan'reviev of the proposed development
improvemen t.
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IIHEREAS, the intended development improveme~t 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. '.
IIHEREAS, 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 applicati0~ submitted vill be approved, and vhether the
~equired construction permits can be issued.
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~HEREAS, the applicant has requested 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.
YHEREAS, the City'S fee for the administrative services rendered in providing
eipedited 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, 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 vith the
development improvements set forth in the permit application. City's
authorization to proceed is conditionephovever, 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 viII
comply vith all, applicable lays 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 vill.be approved
or the required construction permits viII 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 construction permits; or
b) advise Applicant of deficiencies in the proposed construction vhich
must be remedied before permits can be issued; ~
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 Appli~ant's permit application and
submitted materials inadequate or deficient 1n 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 lJD ORDER for removal of all such ,,'ork in a manner as
prescribed in BSChe, SECTION 204. ABATEME~7 OF u~SAFE, SUBSTANDARD OR
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 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
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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 BuAldi~Official. Applicant's Point of Autharization is ~
\J_\~f\:\ 0 f\~ ".
6. Applicant ag~;es that ~ll vark perfarmed under this agreement shall be
accessible and exposed far inspectian purpases and that neither the Building
Official nor City shall be liable for the expense entailed in the removal ar
replacement afany material necessary to' allav'inspectian.
7. Applicant agrees that any ar all'deficiencies identified during the
necessary inspectians viII be pramptly remedied, at Applicant's sale cost
and expense before,praceeding vith' any further construction. Applicant also
agrees that these inspectiDns do not replace the required plan reviev nDr do
they imply any approval of the submitted materials.
8. Applicant agrees that nO' vark shall be danean any part af the building
ar structure beYDnd the pDint indicated in each successive inspection
vithout first abtaining, the appraval of the Building Official. Such approval
shall be given anly after an inspection has been made of each successive
step in the canstructian ,as indicated on the attached Exhibit B.
9. Natvithstanding any Dther pravisiDns af this Agreement, this Agreement
shall terminate upan ,issuance af a building permit ar thirty (30) ,days from
the, date af this Agreement, whichever first accurs. Applicant understands
that all wark Dn the prDject shall immediately cease withaut any natice from
the City if this Agreement terminates befDre a building permit'is issued.,
This agreement shall terminate an 1'2. - I ~ - 9 ~ .
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10. Applicant agrees to defend, indemnify and hald'City harmless fram any
and all casts (including attDrney fees), liability ar damages af any kind ar
nature whatsoever, for personal injury an~,prDperty damage arising frDm the
Applicant's early CDmmencement af cDnstructian and the work undertaken ar
completed. '
11. The terms Df this Agreement shall extend to' and be binding upDn the
parties heretO' and t:.eir heirs, successars and assigns.
12. If any sui t, actiDnDr Dther proceeding,ar an appeal t'herefrDm, is
instituted to' abtain, establish, enfarce, ar compel any right ar' Dbligatian
resulting fram this Agreement', the prevailing party shall be entitled to'
recover from the adverse party, in additiDn to' costs and disbursements, such
additianal sums as the caurts, both trial and appellate, may judge
reasanable attDrney 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
,APPLICANT
Cit~ofS ringfield
By: ~~L-
r C
contractor
t:#n
Business Name
Building Official
Address
CC Registration #
LAND (PROPERTY OWNER (S'
l/'ilE HAVE READ THE ABOVE. AUTHORIZATION TO PROC.EED AGREEMENT. l/'ilE
UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES
UPON US AS THE L PROPE~TY OWNE S. II E AGREE TO BE BOUND BY ALL
TE~~ AND C NDIT ~F~ AG ENT
Nam,~ "_/ ~-/-p.
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. Addres
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VALIDATION:
RECEIVED BY
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CITY JOB #
~ECEIPT NUMBER
DATE PAID
AMOUNT RECEIVED
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EXHIBIT A,
Purpose
The purpose of this agreement is to a110v 'certain development improvements to
. occur prior to obtaining plan reviev approval from the Springfield Community
Services Division.
s~ope
T e 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 rvo-Family DveIling
Specialty Code, may be considered eligible fOr this agreement.
The folloving 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 not of conventional
construction.
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EXHIBIT B
Requited 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
~oting -
After trenches are excavated
~oundation - After forms are erected but prior to concrete placement
~ ;nderfloor Plumbing"- Prior to filling trench
~Underf1oor Mechanical - Prior to insulation or decking
~ Post & Beam - Prior to floor insulation or decking
~nderfloor Insulation - Prior to decking
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~ Sanitary Sewer - Prior to filling trench
/" storm
Sewer - Prior to filling trench
'~at~r'Line"- Prior" to filling
trench
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