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HomeMy WebLinkAboutBuilding Miscellaneous 1994-3-29 . ~ '0#._ . . q- =40)3' ~'I ~ . _ _ __. M._~. . -...., . ~~~qf CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is entered into this rOL1_ day ofL NY\;\0t\ J , ll(d. by and between the Ci ty of SPringfieldesa.munNyal FPu>orJti~h) ot the Sta te ~ Oregon, hereinafter called City,.and\. fY\ -\4"1..L&..~ ,hereinafter called the Applicant.. .. YHEREAS, the applicant has applIed to the City Community~ervices Building Division for issuance of certaiEj f9i1~U~n p.ermi~~ for dev~lopment improvements to be located at III' "~\~>H\.l..D. ~ Springfield, Oregon or within 'the City's Urban Gr j~r~aik 'onal Area~Lane County Assessor's Map and Tax Lot number I (156JC.J n{'ft{J-\ . - YHEREAS, the applicant 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 Administrative Code section 303(a). YHEREAS, 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 improvement. YHEREAS, 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 criterin 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 development improvement, the City is therefore unable to confirm at this time whether the permit applicati~~ submitted will be approved, and whether the ~equired construction permits can be issued. VHEREAS, the applicant has requested the City to provide expedited authorization to proceed with certain phases of construction prior to the completion of the City's review of the permit application. YHEREAS, the City'S fee for the administrative services rendered in providing expedited authorization is $150.00. . NOY, 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: ~. . . 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 conditione~ however, upon Applicant's agreement that the project will be constructed as set forth in the attached submitted drawings and specifications, except as may be modified' by City, and will comply with all applicable laws and ordinances. Applicant's immediate commencement of construction is at Applicant's own risk. The City makes no assurance that the development or construction improvements viII be approved or the required construction'oermits vill later be issued. 2. City agrees to review Applicant's permit applicatiDn 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; ,or 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 with 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 l~D ORDER for removal of all such work 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 ~. . . 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 ~~~~': Bu~lding Official. Appliyan~ Point of Authorization is ___ ,"~fiY ~., '? /~ ?/7'A.///-=-=- . 6. Applicant agrees that all work performed under this agreement shall be accessible and exposed for inspection purposes and that neither the Building Official n6r'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 will 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 wi thout first obtaining the approval of' the Building Official. Such approval sharI 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 ~e a build~~E permit is issued. This agreement shall terminate on VC _~~S/ , , .. &'-1 tt\ 10. Applicant agrees to defend, indemnify and hold elty 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 this Agreement shall extend to and be binding 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, both trial and appellate, may judge reasonable attorney fees. . '-"-.1 . . Authorization to Proceed Agreement Page 4. BEFORE SIGNING TBIS 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 '. APPLICANT Contractor 13C~ L:'~/; Business Name ~/V~ ~~;z:> ~-f!. ~.......~ ~/,?~",f' ~~c::.~A-"_ Address ;' ~-:;.~...:'c L!P)iq -9:> ~ 7 , CC Registration 1I ~"::>-=>..t.. a--~ /.-/;' all - , - LAND/PROPERTY u.""",(S) I/VE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/VE UNDERSTAND YHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS ,THE LAND/PROPERTY OYNERS. I/VE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. '\ {24 Name \~~ ,j j' Address ( ImJ ~ :tP~ V8-t~e;1 a!-"9'7 ~'Z-- , ~ 6 F:EV;E\'J~[; [J~ f-.P?t=:C'VcD ~'~:~:~:~[',' j '--~t\.( C/:i'E: h=-,~ V\. \ '\ '\ :::. C::Fi:'::: c.~:- CITY ATTOhl"'~EY C~-:-\.' :=.;: ~'~":::l:,~~:::-!~LD . -- . . EXHIBIT A Purpose Tne 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 , ' Tne use of 'this 'agreement shall be limi ted 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 fo~ 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 lo~ated on land with over six-percent slope; t) 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. , ,- .