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Home My WebLink AboutBuilding Miscellaneous 1996-10-11 , . , , ~''''.:, .' 'l;6c7,r.'*! :<~_7 "~\ 1.tJ-//~6_ ~r: ;}~ . (\\Q \3\( . ... CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY "- -'. AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is entered into this // dcy of ~7~~~ , l~by and betveen the.City of Springfie~~, a rn icipal co poration ot the State-oI Oregon, hereinafter called Ci ty, anq o'I.V't f\ . , hereinaf ter called the Applicant. ~fci- IlHEREAS, the applicant has applied to the Ci ty Communi tyServices Building Division for issuance of certain construc~on permit~r development improvements to be located at \ I~J'i~ ~ t),}~ L) Springfield, Oregon or vithin the City's Urban Grovth Jurisdlction~l_A~a; Lane County Assessor's Map and Tax Lot number \'\n.":1f.:l. ~ \ ,..., \~ '(.J . IlHEREAS, the applicant has asked the City to authorize the Applicant to immediately commence development improvements vithout a completed plan reviev or subsequent approval as required by the Springfield Building Safety Code Administra~ive 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 reviev 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. IlHEREAS, the City has not revieved or approved the submitted materials for the development improvement, .the City is therefore unable to confirm at this time vhether the permit applicatiQ~ submitted vill be approved, and vnether the ~equired construction permits can be issued. IlHEREAS, the applicant has requested 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. IlHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150.00. - NOll, 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 folloving terms and conditions: ~ . . , Authorization to Proceed Agreemenr 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 conditionep 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 development or construction improvements viII 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; ~ 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 ~n any manner including but not limiteQ to, the application or the proposed construction do not comply vi'th 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 dis~retion, take any or all of the fo110ving actions: a) stop all further construction of the project in the manner prescribed in the Springfield Building. Safety Code Administrative Code (~SCAC), 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 v~rk in a manner as prescribed in BSCAC, SECTION 204. ABATE~ENT Or u~SAFE, SUBSTN<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 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 ,I. . . 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 Buildi~ Official. Applicant's P~nt 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 alloy 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 york 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, 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 agreemen t shall termina te 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 and property damage aris1ng from the Applicant's early'commencement of construction and the work undertaken or . completed. . 11. The terms of this Agreement shall extend to and be binding upon the parties hereto and tr,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, 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 INTEREST~ 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 '. APPLICANT ~ityof Springfie~ By:<4~---- ~ ~~r"" BUild~' O~ficial ~ ~ my~r~C777 Contractor~\{$\ ~ '1\h(\QtPr+ . ~q~\L. Buslness Name Address \A..()~ ~ 0...l""l~ $\II)e.. CC Registration # ~ \c\ (()'--")~ \ LANDIPROPERTY O'ilNER(S) lIVE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. lIVE UNDERSTAND VHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LANDI PROPERTY OVNERS. lIVE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. Name . (PPEMJrAruiA~ Address t;)..O~ ~1A'e.tJ J2r ~~.J( r)!L91tf71 . F:t.:V:E\'~;0::[:; :J: !-'.;.!~r:C'VcD ,....... -....... C--j-.tl' ::')~~~~:.~~:''j L~~.(.__ U:,E: h"-" \c<,. \,\q,~ .. C;r-Fi~:.: C::- Ci7'/ ATTO~~",~:-~{ C~-~-~.. _. ::'~"::;l:.:2;:~:::LD