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Home My WebLink AboutBuilding Miscellaneous 1994-7-27 '~ .\ . . q~\boO"m , 1'u' ~ ADtq \ CITY OF SPRINGFIELD COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT THIS AGREEMENT is entered into this '2'7 day of L.c. V , l~"'by and betveen the City of Springfiel,^,a muni~al_ ~~~, tlo~n~ o,f'\the State--oI Oregon, hereinafter called Ci ty, an~ N \.illX'~ ro ~ W\ \\AU), hereinafter called the Applicant. ' VHEREAS, the applicant has applied to the City communitY~er 'ces Building Division for issuance of certain~~t' permit for dev lopment improvements to be located at ~~l'-. l Springfield, Oregon or vi thin 'the City's Urban GF~~^J~S~l '~~~~i~e County Assessor's Map and Tax Lot number v-f ~(.1t{ f) r~~()l) . . VHEREAS, 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). VHEREAS, 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. VHEREAS, 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 criteri~ established by the Building Safety Division, attached as Exhibit A of this Agreement. VHEREAS, 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 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 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 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 conditione9 however, 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 vill ' comply vith 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 vill be approved or the required construction permits vill later be issued. 2. City agrees to review 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 which must be remedied before permits can be issued; ,or c) advise Applicant of any statutes, ordinances or code provisions vith' 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 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 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 vQrk 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 .- r . . 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 fr~A V~~~, 6. Applicant agrees that all vork performed under this agreement shall be accessible and exposed for inspection purposes and that neither the, Building Official nor'City'shal1 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 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 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. 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, vhichever first occurs. Applicant understands that all vork on the project shall immediately cease vithout 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 and 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. ~ 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 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.DESlRE. CITY '. APPLICANT City of Springfield ~y:/:Z~~ 7f~<-,,;., t' '/'. , Buildlng Official ' r'"" PhZY~ ~t:~ Contractor ~\()\()(~ ~N ' ., - Business Name ~~\1P ( .~ Address l()f)() \ . 0\ tM..,., / ~'?5T CC Registration ;-. Q::\:~v:) LANDI PROPERTY vw""",(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. ./? ./:? /7 /? r.::::::--J . /7 Name t/~~ Address ~-.L.. , ~ . F:EV;E\'J~L, [L 1~.P?r:C'VcD ,...... -n c'- -.'" :~j~~?~~:~"'~ L~~.( L!:,E: h::." ,q.. \'\~~ Cr=?i~:: G:- CiTY ATTO~:\~E\" ~ c~-:-~' :_;' :'~.'::;r:t2::!~LD /(<P?"IC;~R5 ?-2'7.~r ~~ . ,: ,. . . EXHIBIT A Purpose The purpose of this agreement is to alloy 'certain development improvements to occur prior to obtaining plan reviev approval from the Springfield Community Services Division. s~ope T e use of this'agreement shall be limited to certain one and tvo-family dvellings not complex in nature as determined by the Building Official and minor alterations or modifications to existing commercial and industrial buildings vhich 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 tvo-family dvelling 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 reviev prepared by said architect or engineer, stating that the submitted material is in compliance vith the One and Tvo-Family Dwelling Specialty Code, may be considered eligible fo~ this agreement. The folloving items include but are not limited to certain conditions of development identified as ineligible for this agreement: a) development requiring site approval vhich has not been obtained; b) nev development located on land vith over six-percent slope; c) lots having expansive (clay) soil; d) development located vithin flood hazard areas; e) development located vi thin vetland areas; f) pole buildings or other such type of structure that is not of conventional construction. ~ -