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HomeMy WebLinkAboutPermit Building 1995-5-25 C\5:AoOO \~f)~ zr ~ ' .1.. /,., ~T . \\ nOY; V~S'~ \,'\, '''"' "\. CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT THIS 'AGREEMENT is entered into this ~S"'-day Of"'~Lk ' 19Q< by and betio'een the City of Springfielfi\..a muniR~~_~ow.o~ratli-onr"\..~ the State-{;t Oregon, hereinafter called Ci ty, and\.),J \ \)1Jr\..Jll Th ~ )1."Q~, hereinafter called the Applicant. . '-, ' \lHEREAS, the applicant has applied to the City Community Services Building Di vision for issuance of certai}\Ao~uC ~n perm' ts ,for -fevelopment improvements to be located at ~~ 't"Q ~\ in) Springfield, Oregon or ...i thin the Ci ty' s Urban ~rqN~ J~rj , if\tl ~~~ L'i.Q.e Coun,ty Assessor's Map and Tax Lot number \~ LC ri' \'") (),/..",C'tJ. " '\.., \lHEREAS, the applicant has asked the City to authorize the Applicant to immediately commence development improvements ...ithout 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 dravings, specifications, and other data required for the City to complete the necessary plan reviev of the proposed development improvemen t. IlHEREAS, 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 Division, attached as Exhibit A of this Agreement. . YHEREAS, the City has not reviewed or approved the submitted materials for the developmen t improvemen t, the 'Ci ty is therefore una:ble to confirm a t this time whether the permit applicatioj submitted will b~ approved, and ...hethe~ the ~equire'd construction permits can be issued. . . . IlHEREAS, the applicant has requested the Ci ty to provide expedi.ted authorization to proceed vith certain phases of construction prior to the completion of the City'S review of the permit application. \lHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150.00. - NOY, THEREFORE, in ~onsideration 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 conditione~ hovever, 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 ovo 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; or 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 limiteQ to, the application or the proposed construction do not comply vith all applicable statutes, ordinances or code provisions, Applicant viII expeditiously cure the deficienties 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 ~'J ORDER for removal of all such v0rk in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, SUBSTAl~DARD OR 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 permit is denied: .. a) to remoye, at the Applicant's sole cost and expense, all completed construction or improvements; and b) to rest6re 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 will not to proceed beyond the point of authorization approved by the City's Building OffiC}t~'.4I?JlI.icant's Point of Authorization is .. . UOJ~t' f\C\ 6. Applicant agrees that all work perfor~d 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 ~hat any or all~deficiencies identified during the necessary inspections vill 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. Notwithstanding 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 work on the project shall immediately cease without any notice from the City if this Agreement terminates before a building permit is issued. This agreement shall terminate on .1' 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 and property damage arising from the Applicant's early commencement of construction and the work undertaken or completed. 11. The terms of th1s Agreement shall. extend to and be bindini 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, boih trial and appellate, may judge reasonable attorney fees. .. ..\ Authorization t~ 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 Ci ~ro: .:P;i~i~l( . '. By. ~~~~ B 'ld' Off'" 1 \ \ . - U1 1ng. 1C1a ., APPLICANT contractor~\~~O-.D . Business Name~'~~~!J Address \O~() \~ ~_~ ~}Mh~ CC Registration # . q. 4~5').- . LANDIPROPERTY OVNER(S) liVE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. liVE UNDERSTAND VHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US .AS THE LANDIPROPERTY OlmERS. Iu/E . REE TO .BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. ) ~. Name ~~ ~ _ Address . ~"'?o jOIJV~ CT ~W~, 012- " <"" . F:E\.'~;E\r.J~:[,_; [J~ l.'~P?t=:C?\!t=D ~,):~:~j:~r'~j.u_\- ~ ~ 'L_~ C.r:,E: ~\~ \~. \ ~ q ~ C;FFi~2 C:;!= CrT\' P...TTO~f".J=\~ c ~ ..("\: 0_" ~-' ~~.:~ ~'l I \~ :::: r=! cL_ G .. . ..... '. . ~ EXHIBIT A Purpose The purpose of this agreement is to allov'certain development improvements to occur prior to obtaining plan reviev approval from the Springfield Community Services Division. Scope The use of ~his agreement shall b~ limiied to certain one and two-family dwellings not complex in niture 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) d~velopment requiring ~ite 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 vithin flood hazard areas; e) development located within wetland areas; f) pole buildings or other such type of structure that is not of conventionai construction. .