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HomeMy WebLinkAboutBuilding Miscellaneous 1999-3-8 , 4 DEVELOPMENT SERVICES DEPARTMENT 225 FIHH 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 en tered in to this ~ 7! day of fi?AA'o.u ,19'')' by and betveen the Ci ty ofSpringf~~~, a, munlRP~ c,orporwon of "the State -'ot Oregon, 'hereinafter, called, Ci ty, ~ ,c:::..l ",}I-\ ~qf'nm" a " "hereinafter called the' Applicant: ' ' VHEREAS, the applicant has applied to the City Community Services Building Division for issuance of certain constr~~ion permits for development improvement~ t~ be loc~ted at R(lAt:J ~}\)lllr .to()\l ~ 1 _ Springfield, Oregon or vlthln the Clty's Urban Grovth J.l!,.rllsdlc~S>I2.al_A~a; 'V-ane County' Assessor's Map and .Tax Lot number \1\/J..::l.,2:::f-\n r~) . VHEREAS, the applicant has asked the Ci ty to authorize the Applicant to immediately commence development improvements vithout a completed plan reviev or subsequent approval as required by the Springfield Building Safety 'Code -Adm.inistrative Code section 303(a) , VHEREAS, ,the Applicant has submitted to the City a completed permit application, 3 (three) sets, of ,construction dravings, specificat,ions, and other data required for the City to ,complete the necessary plan'reviev of the proposed development improvement. VHE~AS, the intended development improvement 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 Di~ision, attached' as Exhibit A of this Agreement. '," " VHEREAS, the City has not revieved or approved the submitted materials for the developmeri t improvemen t, the ,Ci ty is therefore unable to confirm a t this time 'vhether the permit applicati~~ submitted vill be approved, and vnether the ~equired construction permits can be issti~d. 'VHEREAS ,the I'pplican t has' req~ested the City to provide expedited au thod za tion to proceed vith certain phases of construction prior to the completion of the City'S reviev of the permit application; VHEREA'S, 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 vith the development improvements set forth in the permit application. City's authorization to proceed is conditioneiJhovever, 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 viII comply vith all' applicable lays and ordinances. Applicant's immediate commencement of construction is at Applicant's ovo risk. The City makes no assurance that the development or construction improvements viII be approved or tbe 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) ad'vise Applicant of deficiencies in the proposed construction vhich ,must be remedied before permits can be issued; or 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 vfll 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 ,tJO ORDER for removal of all such .'ork in a manner as prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, SUBSTANDARD OR 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 " if . . 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 Offlfial. Applicant's Point of Authorization is . ,_0 0 l' r D'\~ . , ,~ 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. 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. 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 work 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 at~orney 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 work 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 proceeding, ,or'an appeal therefrom, is instituted to obtain, establish, enforce, or compel any right o~ 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. J . . 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. city of Springfield APPLICANT '.contract~I)4 ()q~J~J. CITY BY:~"1at liP' ' . . Business Namp CC Registration # ( --() n\..d\ k-e... AQU{l ) Building Official Address \C\. lQ ~ LAND/PROPERTY OWNER(S) I/WE HAVE READ THE ABOVE AUTHORIZATION TO PROCEED AGREEMENT. I/WE, UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE AGREEMENT. Name '~:~ . Address /1".)3 (;.('lIJ_ "I-v ;';"'f.Ho~ tJl( 77~(JJ , VALIDATION: RECEIVED BY C\C\f)0~~ .3 ~e 7/ ~~/j J / S"-(),60 {~ CITY JOB # ~ECEIPT NUMBER DATE PAID AMOUNT RECEIVED " . . EXHIBIT A. Purpose the purpose of this agreement is to alloy ~ertaln development improvements to occur prior to obtaining plan reviev approval from the Springfield Community Services Division. i~ope 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 al tera tions or modifica t ions to exis ting commercial and indus trial 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 vi thin flood hazard areas; e) development located vi thin vetland areas; f) pole buildings or other such type of structure that is n~t of conventional construction. " . . EXHIBIT B Required Inspections To request an inspection, you must call 726-3769. All inspections requested before 7:00 a.m. will be Inspections requested after 7;00 a.m. will be made ~TempOrary Electric 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 v-: 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 decking ~ Underfloor Insulation - Prior to deck~ng ~ Sanitary Sewer - Prior to filling trench ~ Storm Sewer - Prior to filling trench ~ Water,Line,- Prior, to. filling ,trench