HomeMy WebLinkAboutBuilding Miscellaneous 1998-11-3
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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 jrwl day of A/o(,,/w6ell- ,19 Cfl by and
between the City of Springfield, a municipal corporation ot the State~ Oregon,
hereinafter called. Ci ty, and ~,. \ 01'" \\ri'(\o_ . ,'hereinafter called
the' Applica~t: ' - .
\/HEREAS, the applicant has applied to the City Gommunity Services Building
Division for issuance of certain const~ction permi ts tor developmen~ .'
improvements to be located at "~Ifl, pn Dnl'l~_ fnJ[1G Spnngfleld,
Oregon or within the City's Uroa:llGrowth ~ Area; Lane 'County.'
Assessor's Map and Tax Lot number /f)()3!::1'?-A4 ~C;<:f'Y'} '. '
\lHEREAS "theapplican t has asked the City to authorize the Applicant to
immediately commence development improvements without a completed plan review or
subsequent approval as required by the Springfield Building Safety Code
,Adm.inistrative Code section 303(a) ,
\/HEREAS, .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.
\/HEREAS, the intended development impr()vement 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. . . .
\/HEREAS, the City has not revieved or approved the submitted materials for the
development improvement, the ,City is, therefore unable to confirm at this time
whether the permit applicati0~ submitted will be cpproved, and ~hether the
r:equired construction permits can be 'issued.
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\lHEREAS, ,the I1pplicim t has requested the Ci ty to ,provide expedi ted au thoriza tion
to proceed wi th certain phases of construction prior to the completion of 'the
City'S review of the permit application;
VHEREAS, 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
following terms and conditions:
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Authorization to Proceed,Agreement
Page 2,
1. City agrees that the Applicant may immediately commence with the
development improvements set forth in the permit application. City's
authorization to proceed is conditionephowever, upon Applicant's agreement
that the project will be constructed as set forth in the attachea submitted
drawings and specifications, except as may be modified by City, and will
comply wi th 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 improvements villbe approved
or the required construction permits vill later be issued.
2. City agrees to review Applicant's permit application in the normal review
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
which Applicant must comply with 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 vith
all applicable statutes, ordinances or code provisions, Applicant will
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 201 (f)
c) issue a NOTICE ~,~ ORDER for removal of all such .ork in a manner as
prescribed in BSCAC, SECTION 204. ABATEMENT OF UNSAFE, SUBSTANDARD OR
DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon .
receipt of such notice, Applicant 'shall'immediately remove. the work
specified in the Notice and Order.
4. Applicant agrees, if the issuance of, the permit 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 will not to proceed beyond the point of authorization approved
by the Cit~'s ~ildi~g Official. Applicant's Point of Authorization is ~
C)lor'V .I\~ " _ .
6. Applicant agrees that all work 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 allow 'inspection.
7. Applicant agrees that any or all'deficiencies identified during the
necessary inspections yill ,be promptly remedied, at Applicant's sole cost
and expense before ,proceeding with any further construction. Applicant also
agrees that these inspections do not replace the required plan review nor do
they imply any approval of' the submitted materials.
8. Applicant agrees that no work shall be done on any part of the building
or structure beyond the point indicated in each successive inspection
without 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. Notwiths.tanding 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 terminates before a buil~ permit. is issued.
This agreement shall terminate on nF.7 -"",1.u... 1 19'1 f
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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 whatsoever, for personal injury an~.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 sui t, action or other pro'ceeding, ,or' an appeal t'herefrom, 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.
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APPLICANT
contractorL.~\\
~'{r.~M
- ..,
CITY
t;:t{
Business Namp
Building Official
Address
CC Registration #
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LAND/PROPERTY OWNERI'SI.
I/VlE HAVE READ THE ABOVE. AUTHORIZATION TO PROC.EED AGREEMENT. I/WE,
UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES
UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND IlY ALL . ,
'TERMS ANn CONDITIONS OF THE AGREEME~ fi:"t; R.. 1qL-C 13/1("":; c...-ot""'~
Name D/I.""I& B/f-Vc.r0"'fh".-r ~r!J . '-0
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Addresf' .t:O' Bvy 70 -z-z c..( ~I O.l:. er7'-lol
VALIDATION:
RECEIVED BV
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ff")/C} 'if
It/dry
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/f;tJl dJ II
w' cJ ~
CITY JOB #
I<ECEIPT NUMBER
DATE PAID
AMOUNT RECEIVED
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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 alterations 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 review prepared by said architect or engineer, stating that the
,submitted material is in compliance with the One and Two-Family Dwelling
Specialty Code, may be considered eligible for this agreement. .
The following 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 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.
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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;00 'a.m. will be made
~emporary Electric
~ Site - To be made after
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This is a 24 hour recording.
made'the same working day,
the following work day.
excavation, but prior to setting forms
,lien( ,sLtp~-
Footing - After trenches are excavated
Foundation - After forms are erected but prior to concrete placement
Underfloor Plumbing.- Prior to filling trench
Underfloor Mechanical -'prior to insulation or.decking .
Post & Beam - Prior to floor insulation or decking
Underfloor Insulation - Prior to decking
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Sanitary Sewer - Prior to filling trench
Storm Sewer - Prior to filling trench
Water,Line,- Prior, t~. ~iliing trench
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