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HomeMy WebLinkAboutMiscellaneous Notice 1998-11-11 " . '" . 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. , , 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. . '. { ~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: .. - . . '. 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 " . . 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 ~ . . . 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. , . . ,. 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. hllh n '~/lJCJI? , . Addres 70'7'~ VALIDATION: RECEIVED BY Q ~~~lo .? ZCJ9fb I~//~~ / 5'CJ 0-0 . ~/!A5~-L .-Lf CITY JOB # ~ECEIPT NUMBER DATE PAID AMOUNT RECEIVED . .. . . 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. . . . '. .' 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 , ~ Sanitary Sewer - Prior to filling trench /" storm Sewer - Prior to filling trench '~at~r'Line"- Prior" to filling trench "."