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