HomeMy WebLinkAboutBuilding Miscellaneous 2000-4-19
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DEVELOPMENT SERVICES DEPARTMENT
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 AGREEMENT is, entered into this ~ day of A-~':. t '
betveen the Ci ty of Springfield, a munic~al,.,q CII rporatton ot
'hereinaf~er called, Ci ty, and -t:(l~ "CL~ cr\~ '
the'Appllcant. ' , ' ,
VHEREAS, the applicant has applied to the City Community Services Building
Division for issuance of certain ~~truc . n per i s for: <ieve1-opment '
improvements to be located at ~., I ,~ Springfield,
Oregon or vi thin the Ci ty' s Urban Gr-ovth Juris 1 tlonaJ. Arell.;. Lane 'Coun ty
Assessor's Map and ,Tax Lot number ~~ , ()~~
, ,~by and
the State-oI Oregon,
,.hereinafter called
VHEREAS, the applican t has asked the Ci ty to au thorize the Applican t to
immediately commence development improvements vithout a completed plan reviev or
subsequent approval as required by the Springfield Building Sarety 'Code
.Administrative Code section 303(a) ,
VHEREAS, ,the Applicant has submitted to the City a completed permit application,
3 (three) sets, of'construct~on dravings, specifications, and other data required
for the City to ,complete the necessary plan'reviev of the proposed development
improvemen t.
IIHER!>AS, the in tended development improveme'n t is of a na ture tha t '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. '.
IIHEREAS, the City has not revieved or approved the submitted materials for the
develop~erit improvement, the City is therefore unable to confirm at this time
vhether the permit applicati0~ submitted vill be approved, and "hether the
r:equired construction permits can be issued.
VH,EREAS, the llPplicim t has' req~ested the Ci ty to provide expedi ted au thoriza tion
to proceed vith certain phases of construction prior to the completion of the
City's reviev of the permit application.
YHEREAS, 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:
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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 conditionellhovever, 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"" risk. The City makes no
assurance that the development or construction improvements vill 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 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 ,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 JJD ORDER for removal of all such ,,'or!: in a manner as
prescribed in BSCAC, SECTION 204. ABATEH~~ OF u~SAFE, SUBSTANDARD O~
DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon
receipt of such notice, Applicant shall'immediately remove, the york
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
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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 ~~ Official. Applicant's Point of Authorization is ___
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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
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.
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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. Notvith~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 immediately cease vithout any notice from
the City if this Agreement terminates ~efq~e a building permit'is issued.
This agreement shall, terminate on It{ JVI~ I~' "
'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 an~,property 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 6eir heirs, successors and assigns.
12. If any suit, action or other pro'ceeding, or' an appeal t'herefrom, 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
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reasonable attorney fees.
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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 AGREEMENT, PLEASE
SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE.
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city of springfield
. APPLICANT
Contractor ~\u.:n n.. ~(~[)
CITY
By:
Business Name
Building Official
Address &.P 1.4 'L. t.6
CC Registration H ~\ot\CJ\CJ\
L~/PROPERTY OWNERlnl
I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/WE
UNDERST~ WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES
UPON US AS THE L~/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL
TERMS AND CONDITIONS OF THE AGREEMENT.
Name ''\~ ~~
Address d ~ \ '.,
VALIDATION:
CITY JOB # (t). ~f).o\
I<ECEIPT NUMBER
DATE PAID
AMOUNT RECEIVED
RECEIVED BY
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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.
Scope
The 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 alterat-ions 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 Dvelling
Specialty Code, may be considered eligible for 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 vithin vetland areas;
f) pole buildings or other such type of structure that is nqt of conventional
construction.
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EXHIBIT B
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Requited Inspections
To request an inspection, you must'call 726-3769.,
,All inspections requested before 7:00 a.m. will be
Inspe~ions requested after 7;00 a.m. will be made
~ Temporary Electric
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This is a 24 hour recording.
made'the same working day,
the following work day.
Site - To be made after excavation, but prior to setting forms
Footing - After trenches are excavated
I~ Foundation
1/ ;nderfloor
1 / Ullderfloor
- After forms are erected but prior to'concrete placement
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Plumbing'- Prior to filling trench
Mechanical -'Prior to insulation or decking .
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Post & Beam - Prior to floor insulation or decking
Underfloor Insulation -Prior to decking
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-LL' sanitary Sewer - Prior to filling trench
~storm Sewer - Prior to filling trench
~at~r'Line,- Prior to, ~illing trench