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Home My WebLink AboutPermit Miscellaneous 1997-8-8 ~ . ~. .- - 0\'\\01<1 .... r CITY OF SPRINGFIELD COMMUNITY 'SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT , , THIS AGREEMENT is entered, into this -B. day o~~~' ,1997by and betv~en the Ci ty of~pringfie,l~! a muni~,iPal ~f ation ot the St~ te or Oregon, herelnafter called, Clty, and ~{i 0 '\('V'l\ \~ f'\ " herelnafter called the'Applicant. " " ',-f ': - ',' VHEREAS', the applicant has applied to the City Community Services Building Division for issuance of certa~no.\~nstf)ct.ion permi t~or development' . improvements to be loca,ted at ' f\ . \\L(\i ~.. ' 1\1'9--- Springheld, Oregon or vi thin the City's,. Ur an Grovt unSilTc,ili-PnaNl Area; Lane 'Coun ty' _ Assessor's Map and ,Tax Lot number \r'\ fl'?,').,4-? 1.. OO<t:'lJ1' ,,'.' _' VHEREAS, the applicant has 'asked, the City to authorize the Applicant to immediately ~ommence development improvements vithout a completed plan reviev or subsequent approval as required' by the Springfield Building Safety 'Code " .Adm~nistrative Code section 303(a), ' , , , , \IHERE!IS, . the Appli~~t has ,submi tted to the City a completed permit application, 3 (three) sets of -construct,ion dravings, specifications, and other data required for the City to complete the' necessary, plan'reviev of the proposed development improvemen t . _ , VHER,EAS, the intended ,development impr9veme~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 Diyision, attached' as Exhibit' A of this Agreement. " . " - , , '." " VHEREAS, the City h~s not reviewed or approved the submitted materials for the development improvement, the ,City 'is, therefore unable to confirm at this time 'vhether the permit applicati~~ submitted vill be approved, and whether the " ~equired construction permits can 'be 'issued. . . . '.. r'- VHEREAS, ',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; VHEREAS, the City's fee for the administrative services rendered in providing expedited authorization is $150.00. ,NOV, 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, permi t: application 'subject to the ' folloving terms and conditions: .. ,\ i \ \, . - r 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 vill be constructed as set forth in the attached submitted 'dravings and specifications, except as may be modified by City, and vill comply vith all'applicable lavs and ordinances. Applicant's immediate commencement of construction is at Applicant's 0\10 risk. The City makes no assurance that the development or construction improvements viII 'be approved or the required construction permits viII later be issued. f' City agrees to reviev Applicant'~ 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 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 viII ,expeditiously cure the deficiencies so that the City may issue the required permits. Should Applicant fail'tci 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 JSJ ORDER for removal of all sucn vor!: in a manner as ;::; prescribed in BSChC, SECTION 204. ABATEMEI<T OF UNSAFE; sua STANDARD 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 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 . . r . - Authorization to Proceed Agreement Page 3. 5. Applicant agrees that until Applicant's permit application is approved, construction vill not to proceed beyond the point of authorization'approved by the City's Building ~fficial. ,Applicant's Point of Authorizationis'~ , ' ,_I)O".V 1111\ ',' , " " 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 alld 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 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, whichever first occurs. Applicant understands . that all vork 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 . ' '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 and t!.eir heirs, successors and assigns. .. .-, . 0, ~ 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, bo'th 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 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. . ~ BY~~ #p APPLICANT -~ontractor ~\1~-l~^J) - ~usine~s Name bJ1J~\ ~ AddresJO,~ S~?j \ ~~W CC, Registration # J/7C/9t, CITY City of springfield Building Official "F~,?:r z;jtV.: ?-6?T LAND/PROPERTY OWNER(51 I/WE HAVE READ THE ABOVE, AUTHORIZATION TO PROC,EED AGREEMENT. I/WE,' UNDER~TAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL" 'TERMS ~~ONDITIONS OF THE AGREEMENT. . Na~e (?~.}?jCh1A-!' " Address ./JCr ~ "^"" ~g- 2.1 <f ~~ (.'1 '5 ~ CJ>'f, <; 7</(:. ~ .-/ I' r ' c. -, ....) .--.., VALIDATION: CITY JOB # q ? IcP 7"'9- - ' ~ECEIPT NUMBER ~~~~?I DATE PAID $~~-7? AMOUNT RECEIVED /5P. ~ to RECEIVED BY ~,