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HomeMy WebLinkAboutBuilding Miscellaneous 1998-5-7 : , .: -. . .' . SPRINGFIELD 225 FIF.TH 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 en tered in to this -:--, day of VliI. LA... betv~en the Ci ty of '~pringfield '\" lIiuntf,il>al corporah-;n ,6t herelnaf ter called. CIty, and ,()'i\l\: \ '\~ \ wlJl\ \ \ \ the' Applicant: ,'. " " -, , \/HEREAS, the applicant has applied to the City Gommunity Services Building .Division ,for issuance of certainllconst'iYF~ion perm~s.foh development ' improvements to be located at '-\l~ '\(\jf\l~\') \ \(\l)~ Springfield, Oregon ()r vi thin, the Ci ty' s. Urban Grovth unsdic.tiona fv:~a; Lane 'Coun ty " . , Assessor~ s Map and ,Tax Lot number \--,-(}~~.., ~\ ~\ l.l) .' . , '19""fc(by and the State-oI Oregon, . I' hereinafter called \/HEREAS,the ,applicant has asked. the City to authorize the Applicant to immediately commence development improvements vi thout a completed 'plan reviev or subsequent approval as required by the Springfield Building Safety 'Code . . .Administrative Code section 303(a) , . , , \/HEREAS, . the Applicant has submitted to the City a completed permi t 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 improvement.' , . \IH~S; the intended development improvement 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 Diyision, attached' as Exhibit A of this Agreement.' . . \/HEREAS, .the City has not revieved or approved the submitted materials for the " developDien t improyemen t, the ,Ci ty is, therefore unable to confhm a t this time ' 'vhether the permit applicati~~ submitted vill be approved, and vhether the ,equired, constructionpermits can be'issued. . 'VHEREAS, .the ~pplicant ha; req~ested the City to .provide expedited authorization to proceed vith certain phases of construction prior to the completion of 'the City'S ,reviev of the permit application; , \/HEREAS, the City's fee for the administrative services rendered in providing expedi ted aut'horizat'ion is $150.00. , , , ,'NOV, THEREFORE, in:consideration ,of the foregoing recitals and of the mutual promises contained herein; the City authorizes immediate commencemen~ of the development improvement specified in' the. permi t 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 ovn risk. The City makes no assurance that the deveIo ment or construction im rovements viII 'be approved or the required'constructlon permlts Vl ater e lssue . 2. City agrees to reviev Applicant's permit application in the normal reviev process and to thereafter: . a) issue Applicant the appropriate construction permits; 2E b) advise Applicant of deficiencies in the proposed construction vhich' ,must be remedied before permits'can be issued; or c) advise Applicant of any stat4tes, 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 limi ted to, .the, application or the proposed construction do not comply vith 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 Jolloving 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 l~\~ ORDER for removal of all such .ork in a manner as ' prescribed in BSChC, SECTION 204. ABATEMENT OF UNSAFE, SUBSTANDARD O~ DANGEROUS ,BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon receipt of such notice, Applicant 'shall 'immediately' remove. the york 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 . . . . Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction viII not to proceed beyond the point of authorization approved by the City's Building Official. Applicant's Point of Authorization 'is 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 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 required plan reviev 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 ilDlllediately cease without any,notice from the City if this Agreement terminates before a building permit. is issued., This agreement shall terminate on . ' " ". . '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 anq.property damage arising from the Applicant's early commencement of construction arid the work undertaken or completed. . 11. The terms of this Agreement shall extend to and be binding upon the parties hereto and thei~ heirs, successors and assigns. 12. If any sui t, action or other pro'ceeding,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. .' . . Authorization to proceed Agreement Page 4 BEFORE SrGNrNG THrS AGREEMENT, PLEASE READ AND UNDERSTAND THE MEANrNG OF EACH PARAGRAPH OF THrS AGREEMENT. rTAFFECTS .YOUR rNTERESTS rN THE PROPERTY AND, rN THE EVENT OF,DEFAULT, IT PLACES YOU PERSONALLY AT RrSK AND THE SUBJECT PROPERTY AT RrSK OF FORECLOSURE . FOR COSTS AND EX~ENSES rNCURRED BY THE CrTY rN ENFORCrNG THE TERMS OF THrS AGREEMENT. rN THE EVENT THAT YOU DO NOT UNDERSTAND ANY TERMS OR CONDrTrONS OF THIS AGREEMENT, PLEASE SEEK ANY LEGAL OR OUTSrDE OprNrONS YOU MAY DESIRE. CITY ,APPLICANT Building Official ~YIir-,Ib/GJJ9t~- . -bBusiness Na~e~M J~~/ t( t1R /}frLmg' i!tt:f- -- Registration # ~!'~ ~dd~ess city of springfield {contractor By:,_ tec LAND/PROPERTY v"""" (SI I/WE HAVE READ THE ABOVE AUTJIOlUZATION TO PROCEED AGREEMENT. r/WE, UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBiLITIES IT PLACES UPON US ~S THE LAND/PROPERTY v.........S. I/WE AGREE TO BE Bww.... BY ALL' TERMS AND C ITIO OF HE AGREEMENT. ~Name .. .~/ ' bAddress V qtJ?~hL "dw,~.k/ -' ~ VALIDATION: CITY JOB # 0\ ~ \Yt<b ~ d- ~ 7 o~ 5 -7-4 1: AMOUNT RECEIVEP \ 'f{) w 'cK~. RECEIVED BY ~ECEIPT NUMBER DATE PAID . . EXHIBIT. A. Purpose The purpose of this agreement is to allo" '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.memb~r of the building or any part of the building having fire .resistant construction. One and two-family d"elling plans for structures that are complex .in nature that have been prepared by sri 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 Tvo-Family Dwelling Specialty Code, may be considered eligible for this agreement. . The 'following items include but are not limited to certain conditions of 1. . . development identified as ineligible. for this agreement: . . a) development requiring site approval which.has not been obtdned; b) new development located on land with over six-percent slope; c) lots having expansive (clay) soil; d) development. located within flood hazard areas; e) development located within wetland areas; f) pole buildings 'or .other such type of structure that is not 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 ~fter 7100 .a.m, will be made This is a 24 hour recording. made'the same working day, the following. work day. Temporary Electric site.- To De 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 Mechanical -. Prior to insulation or. decking. '. Post. & Beam. - Prior to floor insulation or decking Underfloor Insulation - Prior to decking . sanitary.sewer - Prior to filling trench storm. Sewer - Prior to filling trench ..... Water:Line.- Prior. to filling.trench .'