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HomeMy WebLinkAboutPermit Building 1998-3-26 " .,'... '\. 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 CITY OF SPRINGFIELD, COMMUNITY SERVICES DIVISION BUILDING SAFETY AUTHORIZATION TO PROCEED AGREEMENT THIS AGItEEMENT is entered into this 2~7.!J day of /J1Mcff ,19~ by and ,betv~en the Ci ty 6f~pringfiel~ a mu~ipal corpora:d.onof the St~ te ~ Oregon, herelnaf~er called, Clty,and, ~rJ{\\_~V~n~ ' " he~elnafter calle,d the' Appl1cant. " " " " , , ' VHEREAS, 'the applicant has applied to the Ci ty Communi ty Services Building ~ivision ,for issuance of certain./\ cOPitru,pio'1 pe~mi ts for developmen~ .' lmprovement: t~be loc~ted at '-\\.~~ \1\t\J~,l()l1))' " ,Spnngfleld, Oregon. ()r vlthln the Clty's, Urban Growth Jur~dlctlonal Area; Lane County,' " , A~sessor' s Map afld ,Tax Lot number \1fY2.:;?2.?J1, '~(1 t)'~.ld\3,'. , VHEREAS, the applicant has asked the City tp authorize the Applicant to immediately commen,ce development improvements vi thout a completed plan reviev or subsequent approval as required by the Springfield Building Safety 'Code, ' .Administriitive Code section 303(a) , ' \iHEREAS, ,the Applicant hassubmi tted to the Ci ty, a completed permi t application, 3 (tl1i::ee) sets of -construct,ion dravings, specifica~ions, and other data required for' the' Ci ty to 'c()mplete the', necessary, planreviev of the proposed development, im~rovement. , VHE~AS, the intended development improvemeIlt is, of a nature that 'requires no other review approval from other State or local agencies and is 'exempt from the criteria established by the Building,Safety Diyision, attached' ~s Exhibit A of this Agreement.' , , VHEREAS, the City has not revieved or approved the submitted materials for the ..developmerit improvement, the City is therefore unable to confi~m at this time vhether the permit applicati0~ submitted vill be cpproved, and vnether the ~equired construction permi ts can be issued. ' .... .~ \lH,EREAS"the applicimt has' requested theei ty to ,provide expedited authorization to proceed vith,certain phases of construction prior to the completion of the City's review of the permit application: "'HEREAS, the City's fee for the administrative services rendered in providing eipeditedauihorization is, $150.00. NOV, THEREFORE, in consideration of the foregoing recitals and of the mutual promises con tained herein, the Ci i:y au thorizes immedia te commen,cemen't of the dev~lopment improvemerit specified in the, permit application ~ubject to the following ,tetms 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 will be constructed as set forth in the attached submitted drawings and specifications, except as may be modified by City, and viII comply with all applicable lays and ordinances. Applicant's immediate commencement ,of construction is at Applicant's ovnrisk. The City makes no assurance that the-deveIo ment or construction im rovements viII be approved or the require constructlon permlts V1 ater e 1ssue . 2. City agrees to reviev Applicant's permit application in the normal reviev process and to thereafter: . a) issu~ Applicant the appropriate construction permits; ~ b) ad'vise Applicant of ,deficiencies in the proposed construction which ,must be remedied before permits can be issued; ~ 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.butnot limited to, 'the application or the proposed construction do not comply vith all applicable statutes, ordinances ~r code provisions, Applicant viII expeditiously cure the deficiencies so that the City may issue the required perm! ts. Should Applicant fail' 'to expedi tiously correct submi t ted 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 J.JD ORDER ror remova.l of c.llsucn vor!: in a manner c.S . prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, SUBSTANDARD OR DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon r~ceipt of such notice, Applicantshall'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 vill not to proceed beyond the point of authorization approved by the City's Building ~fiCial' ~~licant'S Poin~ of Authorization is . \ tJ\. ~ \. V O(W no l'J 4 6. Applicant agrees that 1 work formed under this agreement shall be accessible and exposed fo inspecti 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 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. Appl.icant also agrees that these inspections do not replace the required plan review nor do they imply any approval of the submitted mater~als. 8. Applicant agrees that no work shall be done ~n 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. Notwith~tanding 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 immediafely ce,ase vi thout any ,notice from the City if this Agreement terminates before a building permit'is issued. This agreement shall terminate on ~N'/L -=5 J)) /9 9jC). ' 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.propeity damage arising from the Applicant's early commencement of construction and the york undertaken or completed. ' 11. The terms of this Agreement shall extend to and be binding upon the parties hereto and theiF heirs, successors and assigns. 12. If .any suit, action or other pro'ceeding, ,or' an appeal therefrom, is insti tuted to obtain, establish, enforce, or compel any right or obligation resulting from this Agreement~ the prevailing party shall be entitled to recover from the adv,erse party, in addition to costs and disbursements,' such additional sums as the courts, both trial and appellate, ~ay 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 EX?ENSES 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 AGR~EMENT, PLEASE SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE. ' city of springfield By: A~~ ,~ ' Building Official ..APPLICANT contracto~. ~JJ.0rft~th ~usiness Name p tV~~, Address bJtt] C < #-' CC.Registration # ~J).~ CITY LAND/PROPERTY OWNER fS). I/WE HAVE READ THE ABOVE, AUTHORIZATION TO PROC,EED AGREEMENT. I/WE,' UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US ~S THE LAND/PROPERTY OWNERS. I[WE AGREE TO BE BOUND BY ALL ' . TERMS ANt> CONDITIONS OF THE AGREEMENT. ' Name Address VALIDATION: CITY JOB # C\ ~\JQQt) ~ECEIPT NUMBER 2 92b~ , DATE PAID '0~ag cD AMOUNT RECEIVED \~\J, RECEIVED BY~~_ oJ EXHIBIT,A, Purpose The purpose of this agr~ement is t6 allov 'certain development improVements to 'occur prior to obtaining plan reviev approval from the Springfield Community Services Division. Scope The use of thi~ agreement shall be limited to certain one and tvo-family dwellings not complex in nature as determined by the Building Official and minor alterations or modifications to 'existin'g 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 ~onsiructi6n. One and two-family dwelling plans for structures that are complex in nature that have been'prepared by ari Oregon licensed architect or engineer and accompanied. by a letter of review prepared by said architect or engineer, stati'ng that, the' ,submitted material is in compliance' with the One and Two-Family Dwelling Specialty Code, may be considered eligible for this agreement. ' The ,'following items include but are not limited to certain conditions, of develQpme~t identified as ineligible ,for this agreement: a) development requiring site approval which ,has not been obtained; 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 isnClt of conventional construction. ,I EXHIBIT B Required Inspections To request an inspection, you must call 726-3769. This is a 24 hour recording. All inspections requested before 7:00 a.m. will be made the same working day, Inspections requested after 7~00a.m. will be made the following work day. Temporary Electric ~ site - To be made after excavation, but prior to setting forms ~ Footing - After trenches are excavated I~ 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 ~ecking . ~ Underfloor Insulation - Prior to decking . /,-// Sanitary Sewer - Prior to filling trench ~' Storm Sewer - Prior to filling trench ~' Water Line,- Prior to filling trench