Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1999-10-28 , I, " . SPR_FIELD DEVELOPMENT SERVICES DEPARTMENT 225 F.IFTH STREET SPRINGFIELD,OR97477 (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 rKJ. d~y of (Je. r:o~ ' ,1979 by and betv~en the City Of~pringfiekl. .a~~un~<tipa. orporai '0 ot the St~te-'ctf Oregon, herelnafter called, CHy, and ~ l ',' herelnafter called the' Applica~t: " ' . , ' YHEREAS, the applicant has applied to the City community Services Building Division for issuance of certa~'n s ~t.il1qA~rJll.i~ fN...Q~~elopment ' improvements to be located at _ ll\J\uU)JJ' ~ Springfield, Oregon or vi thin, the Ci ty' s, Ut' an Gro~h !.ll,ri~,i.l\tiona:l,...il.r~; Lane 'County .- Assessor's Map and .Tax Lotnumber\r\O-O'2:L.\L.~U\~~. ' YHEREAS, the applicant has asked the Ci ty to authorize the Applicant to immediately commence development improvements vi thout a completed 'plan revie" or subsequent approval as required by the Springfield Building Safety 'Code, ' .Administrative Code section 303(a) , YHEREAS, ,the Appli~~t has ,submi tted to the City a completed permit application, 3 (three) sets of'construct~on dravings, specifications, and other data required for the City to ,complete the necessary plan'reviev of the proposed development improvemen t. YHER)'AS, 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 Di~ision, attached' as Exhibit A of this Agreement. '.' , , YHEREAS, the City has not reviewed or approved the submitted materials for the developnien t improyemen t, the ,Ci ty ,is, therefore unable to confirm a t this time 'vhether the permit applicati~~ submitted vill be approved, and ",hether the ~equired construction, permits can be issued. 'Y~EREAS, the applicant ha; req~ested th~ City to ,provide expedited authorization to proceed vi th 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 expedited authorization is $150.00. NOY, THEREFORE, in,consideration of the foregoing recitals and of the mutual promises contained herein, the City authorizes immediate commencement of the development improvement specified in'the, permit application subject to the' follo"ing terms and conditions: ,: , " " . . ., Authorization to Proceed Agreement Pa'ge 2. 1. City agrees that the Applicant may immediately commence vith the development improvements set forth in the permit application.,City's authorization to proceed is conditione$lhovever, 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 lavs and ordinances. Applicant's' immediate commencement of construction is at Applicant's ow 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 construction permits; ~ b) ad'vise 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 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 ~ith 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 ~,~ ORDER for removal of all such vork in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT OF UNSAFE, SUBSTANDARD O~ DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant 'shall immediately' remove, the vork 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 . . Au thori za tion ,to Proceed Agreemen t Page 3. 5. Applicaot agrees that until Applicant's permit application is approved, construction viII not to proceed beyond the point of authorization approved by the City's ~~cial. Applicant's Point o~ ,Authorization 'is ~ ' 6. Applicant agree~ that \J vork 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 allov'inspection. ' 7. Applicant agrees that any or all'deficiencies identified during the necessary inspections viII ,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 requi'red plan rev-iev nor do they imply any approval of'the submitted materials. ' 8. Applicant agrees that no vork 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, vhiChever first occurs. Applicant understands that all vork on the'project shall immediately cease vithout any ,notice from the City if this Agreement terminates before a b~ding permit'is issued. This agreement shall terminate on lint/, , ')...7 /1'71 " ' '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 vork undertaken or completed. ' 11. The terms of this Agreement shall extend to and be binding upon the parties hereto ;u:td tbeir 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 o~'obligation resulting from this Agreement', the prevailing party shall be enti tIed 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 EX~ENSES 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: d Itl;! r)Ja:-" Pr,.J Building Official contractor Business Name '~~O [\MtL~~ AddreSS~~ QiX \{)~\D\O', ~ CC Registration # \ 1/L1.l.o 1 , LAND/PROPERTY OWNERlS\ I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/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 AND CON~ONS OF THE AGREEMENT. Name 4~ _~...:--_ "Address~kv C{()/?bG ~~- ~R... Ci7VcJ'1- VALIDATION: CITY JOB # \:\ C\ \4 ~1 I<ECEIPT NUMBER ~ "3 (,03 tJ DATE PAID J flll-rl7l AMOUNT RECEIVE~ If / f) n RECEIVED BY ~ ~~ ' . ., EXHIBIT A, Purpose The purpose of this agreement is to allo,", 'certa'in development improvements to occur prior to obtaining plan reviev approval from the Springfield Community, Services Division. Scope , The use of this agreement shall be limi ted to certain one and tvo-family dvellings not complex in nature as determined by the Building Official and minor al tera t,ions or modifica t ions to exist ing commercial and indus trial 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 Tvo-Family Dvelling Specialty Code, may be considered eligible for this agreement. The folloving items include but are not limited to certain conditions of develQpment identified' as ineligible ,for this agreement:' a) development requiring site approval vhich,has not been obtatned; b) nev development located on land vith over six-percent slope; c) lots having expansive (clay) soil; d) development located vi thin 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. . . " ., '. 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 This is a 24 hDUr recording. made'the same working day, the folloving work day. Temporary Electric site - To be made after excavation, but prior to setting forms ~ Footing - After trenches are excavated ~ Foundation - After forms are erected but priDr to concrete placement ~ UnderflDor Plumbing- Prior to filling trench ~ Underfloor Mechanical - Prior to insulation or decking , ~ Post & Beam - Prior to floor insulation or decking ~ Underfloor Insulation - Prior to deck~ng V Sanitary Sewer - Prior to filling trench ~ Storm Sewer - Prior to filling trench ~, Water'Line,- PriDr, to, ~iliing,trench