HomeMy WebLinkAboutBuilding Miscellaneous 1999-9-9
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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 entered into this ,(1 day of 1-nl. , 191'9 by and
between the City of Springfield, a municipal corp.oration ot the State"01 Oregon,
hereinaf~er called, City, and CR.,i?f>Ci:A/T ~~ J>>c.,.hereinafter called
the' Apphcan t.
VHEREAS, the applicant has applied to the City Community Services Building
Division for issuance of certa:n ~~~uction permits fOJ development
improvements to be located at NtFstfB/.-As Springfield,
Oregon or within the City's Ur an Growth Juns lCtlOnarArea; Lane 'County
Assessor's Map and Tax Lot number -/!1o'2. 77..-'-7_ ~.
VIlEREAS, the applican t has asked the Ci ty to au thori ze the Appli can t to
immediately commence development improvements without a completed plan reviev or
"subsequent approval as required by the Springfield Building Safety Code
,Administrative Code section 303(a)
IlHEREAS, ,the Applicant has submitted to the City a completed permit application,
3 (three) sets of ,construction drawings, specifications, and other data required
for the City to complete the necessary plan' review of the proposed development
improvemen t .
IlHER~AS, the intended development improvement is of a nature that requires no
other review 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, the City has not reviewed or approved the submitted materials for the
development improvement, the City is therefore unable to confirm at this time
'whether the permit applicati~~ submitted ~ill be approved, and ~hethe~ the
~equired construction permits can be issued.
VHEREAS, the applicant has requested the City to provide expedited authorization
t~ proceed ~ith certain phases of construction prior to the completion 6f the
City's review of the permit application.
IlHEREAS, the City's fee for the administrative services rendered in providing
expedited authorization is $l50.00.
NOV, 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
follo~ing terms and conditions:
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Authorization to Proceed Agreement
Page 2.
l. City agrees that the Applicant may immediately commence with the
development improvements set forth in the permit application. ,City's
au thoriza tion to proceed is conditione!! 'hovever, upon Applican t' S agreemen t
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 ovn risk. The City makes no
assurance that the development or construction improwements vi!! 'be approved
or tbe required construction permits vi!l 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 which
,must be remedied before permits can be issued; ~
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 Appli~ant'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 vith
all applicable statutes, ordinances or code provisions, Applicant vill
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 ,following 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 20l (f)
c) issue a NOTICE jJO ORDER for removal of all such ,..ork in a !llanner as
prescribed in BSCAc, SECTION 204. ABATEMEI<T OF u~SAFE, SUBSTANDARD O~
DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon
receipt of such notice, Applicantshall'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 vill not to proceed beyond the point of authorization approved
by the City's Build~ ~fficial. ~ppl~~t's Pojnt of Authorization ,is ~
' ,li'~~ \ \~~\\ ' ",
6.' Applicant agrees that all york 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 allov'inspection. '
7. Applicant agrees that any or all'deficiencies' identified during the
necessary inspections vill be 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 attached Exhibit B.
9. Notvithstanding 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 yithout any notice from
the City if this Agreement terminatesAbefore a building per~it, is issued.
This agreement shall terminate on C/C -to , , /() . J<ftfq
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'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 vhatsoever, for personal injury anq, property damage arising from the
Applicant's early commencement of construction and the york 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, ,or' an appeal therefrom, 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.
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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
city of springfield
By: ()1 ;')rvv!
'~BUf?~ ~~
Contractor
/If 41/(
~ C'C:;o, c,{.<-V-
Business Name C.u..,<;'C...l/I-I- f-kP1/U. c:::
Address fo &,;t vo &'6 b ~S"~ ol?-
CC Registration # /5 2.2-b ..,
.
LAND/PROPERTY OWNER(Sl
X/WE RAVE READ THE ABOVE AUTHOR'IZATION TO PROCEED AGREEMENT. I/WE
UNDERSTAND WHAT 'IT EXPRESSES AND THE RESPONSIBILIT'IES IT PLACES
UPON US AS THE LAND/PROPERTY OWNERS. X/WE AGREE TO BE BOUND BY ALL
TERMS AND CONDITIONS OF THE AGREEMENT.
;f1~ ~~5'q~ /cM-5c~ ~S
,Address ?cJ ~y C;08'(L: 15-(r~ 11'2.. C;7LfcJL/
~
Name
::~:D:::O:: 911( tq
~ECEIPT NUMBER 0 ~Ic; L( b ~
q/11 qq
AMOUNT RECEIVED . 10 ~ 1<))(. "
RECEIVED BY ()( tvlJ
DATE PAID
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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 altera~ions or modifications to existing commercial and industrial
buildings which 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 two-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 reviey prepared by said architect or engineer, stating that the
,submitted material is in compliance' with the One and Two-Family Dvelling
Specialty Code, may be considered eligible for this agreement. ' .
The following items include but are not li~ited to, certain conditions of
'development identified as ineligible ,for this agreement:'
a) development requiring site approval vhich ,has not been obtained;
b) new development located on land with ower six-percent slope;
c) lots having expansive (clay) soil;
d) development located vithin flood hazard areas;
e) development located vi thin vetland areas;
f) pole buildings or other such type of structure that is nqt of conventional
construction.
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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 7:00a.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 placement
~ Underfloor Plumbing '- Prior to filling trench
~ Underfloor Mechanica~ - Prior to insulation or decking .
I~ Post & Beam - Prior to floor insulation or decking
~ Underfloor Insulation - Prior to deck~ng
~ Sanitary Sewer - Prior to filling trench
L..----' storm Sewer - Prior to filling trench
~ Water: Line ,- Prior, to fi11ing,trench
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