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HomeMy WebLinkAboutBuilding Miscellaneous 1998-3-3 , " . SPR4ItFIELO DEVELOPMENT SERVICES DEPARTMENT 225 FIF.TH 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 ~., ,1~<l by and betveen the City ofSpringfie~i, 11 mUnl<rlpa,~ratlOnOf the State~ Oregon, 'hereinafter called, Ci ty,' ,and ~Ilo' \t'\ " f'- . ,'hereinafter called the' Applicarlt:, " ,.' , , VHEREAS, the applicant has applied to the City community Services Building Division for issuance of certain constru tion permits for development' 'improvements to' be located at ,', 1/_ kNOLl.: WirY Springfield, Oregon or vi thin. the City's, Ur an Grovt uns icdonal Area; Lane 'County Assessor's Map and ,Tax Lot 'number /7"; 3 '2.-3 lf3 () II 't "I') . ' . VHEREAS, 'theapplicant has 'asked. the City 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~nistrative Code section 303(a) IIHEREAS, ,the Ap'pli~<4tt has ,submi tted to. the City a completed permit application, 3' (three) sets, of 'constructIon dravings, specifications,' and other, data required for the City to ,complete the necessary, plan'reviev of the proposed development improve men t. . ' , . IIHE~AS, the intended development impr9vement 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 Diyision, attached' as Exhibit A of this Agreemen t.' , '. 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 'vhether the permit applicati~~ submitted vill be approved, and ..nether the ~equired construction permits can be 'issued. ' 'VHEREAS, the applicimt has' req~ested the City to ,provide expedited authorization to proceed vith certain phases of construction prior to' 'the completion of 'the City~s reviev of the permit application; llHEREAS, the City'S fee for the administrative services rendered in providing eipedited 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. permi t 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 conditionep '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 vith all' applicable laws and ordinances. Applicant's immediate commencement of construction is at Applicant's ovn risk. The City makes no assurance tnat the develo ment or coastruction im rovements vill'be approved or the required constructlon permlts Vl ater e lssue . 2. City agrees to review Applicant'~ permit application in the normal review process and to thereafter: a) issue Applicant the appropriate construction permits; ~ b) advise Applicant of deficiencies in the proposed construction vhich ,must be remedied before permits can be issued; or c) advise Applicant of any stat~tes, ordinances or code provisions with vhich Applicant must comply vith before City can issue the permit. 3. Applicant agrees 'that if Ci ty 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'tolloving 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~~ ORDER for removal of all such vork 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, Applicantshall'immediately' remove. the york 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 by the City's B~ildin~ Offi~ial. Applicant's Point of Authorization 'is ~ 1- LI')f'III<- f) ~';{',K.' N If. ' . . 6. Applicant agrees that all work 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 t,o 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 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. 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 york 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 whatsoever, for personal injury anq.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 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 o~ obligation resulting from this Agreement., the prevailing party shall be enti tIed 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 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. CITY .b,?PLICANT city of springfield contractor BY'~ l. .~~ B""ine"" Name FUTun 13 J.jo",sg Building Official CC Registration H LAND/PROPERTY OWNER(S) I/WE HAVE READ THE ABOVE. AUTHORIZATION TO PROC,EED AGREEMENT. I/WE, UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US AS THE LAND/PROPERTY (,,,..,,,,,8. I/WE AGREE TO BE BOUND BY ALL 'TERMS AND CONDITIONS OF THE AGREEMENT. Name ))...1--.. ,~ ~A>rlL ~ ~ 11~11 . Address VALIDATION: OO~ \ 7\ CITY JOB #. C\ (), \j ~ECEIPT NUMBER ,t ~o....\Q\ DATE PAID ,2.Q.. C{ D 'AMOUNT RECEILlD," \~O po RECEIVED BY ~ t\C\. ~ " . . EXHIBIT A, Purpose Tne purpose of this agreement is to allow .certain development improvements to occur prior to obtaining plan reviev approval from the Springfield Community, Services Division. Scope rne 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 const'ruction. 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, statfng 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 develQpment 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 is nqt 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 This is a 24 hour recording. made'the same working day, the following work day. Te~~Jry Electric ~ ~,- To be made after excavation, but prior to setting forms ,~ Footing - After trenches are excavated ~ Foundation - After forms are erected but prior to concrete placeme~t ~'~nderfloor Plumbing'- Prior ,to filling trench ~ Underfloor Mechanical -'Prior to insulation or ,decking , ~ Post,& Beam - Prior to floor insulation or decking ./ Underfloor Insulation - Prior to decking . /" Sanitary Sewer - Prior to filling trench /Storm Sewer - Prior to filling trench !; ~t;~r Line,- Prior, to filling trench .;. '.