HomeMy WebLinkAboutBuilding Miscellaneous 1998-6-24
I',
.
.
SPRINGFIELD
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 !J 4- day of :r ~ ,19 by and
betll~en the Ci ty of~pringfield, a munlclllal cOJPoration of the St~ te 01 Oregon,
herelnafter called, Clty ,'and, FtAfulZ E !2 110M Fj , ,'herelnafter called
the'Applicant:, " " " , , '
YHEREAS', the applicant has applied to the Ci ty Gommuni ty Services Building
~i vision, for issuance of certain cons trw:tion permi ts fO,r developmen~' ..
lmprovements to be located at ,q/ 0 ~/I/ff kA!ClLt ,t..JtA'" Spnnghe1d,
Oregon ()r IIi thin, theCi tyC s, Urban Grollth Jurisdictional Area;/Lane 'County,'
Assessor's Map and Tax Lot number /7D]'J.1'1J 04700' ,"..
YHEREAS,the ,applicant has asked the City to authorize the Applicant to,
immediately commence development improvements vi thout a completed 'plan reviev or
subsequent approval as required by the Springfield Building Safety 'Code,' '
..Administrative Code section 303(a) ,
. , ,
'!HEREAS, ,the Applicant hassubmi tted to the Ci ty a completed permi t application,
3' (three) sets, of'construct~on dravings, specifications, and'other, data required
for the City to ,complete the necessary, p1an'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.'Bui1ding Safety Diyision, attached' as Exhibit A of
this Agreemen t. ", . ,,' ',' , ' ,
YHEREAS, the City has not revieved or approved the submitted materials for the
development improvement, the ,City is, therefore unable to confirm at this time
'vhether the permit app1icati~~ submitted vi11 be approved, and vnether the
ICequired construction permits can be'issued. '
. ,
'Y~EREAS, the ~pp1icant ha; requested the City to ,provide expedited authorization
to prOceed vi th 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.
,NOY, 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
au thorization to proceed is condi tione!! 'hovever, upon Applican t' s agreemen t
,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 ovn 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 reviev Applicant's permit application in the normal reviev
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; ~
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 Ci ty finds ApplicantCs permit application and
submitted materials inadequate or deficient in any manner including.but not
limi ted to, 'the application or the proposed construction do not comllly vi th
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'tci expeditiously correct submitted'materials,
or should correction prove impossible, City may in it's discretion, 'take any
or all of the Jolloving actions:
a) stop,all further ,construction of the project in the manner prescribed,
in the Springfield Building Safety Code Administrative Code (BSCAC),
SECfrON 201 (d)
b) order disconnection of serving utilities in a manner as prescribed in
BSCAC, SECfION 201 (f) ,
c) issue a NOTICE J~'J ORD~~ for removal of all such york in a manner as,
prescribed in BSChC, SECfION 204. ABATEMENT OF UNSAFE, 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 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 vil1 nat to' praceed beyand the paint af autharization approved
by the City'S Building Official. Applicant's Paint af Autharizatianis ~
c,/L<: T . 1-/0(}~ Oez...kINa '.
, , " I '
6. Applicant agrees that all vark perfarmed under this agreement shall be
accessible and exposed far inspectian purposes and that neither the Building
Official nar City shall be liable far the expense entailed in the removal ar
replacement af,any material necessary to' allav'inspectian.
7. Applicant agrees that any or all'deficiencies identified during the
necessary inspectians viII ,be pramptly remedied, at ApplicantCs sale cast
and expense befare,praceeding vith' any further canstructian. Applicant alsO'
agrees that these inspectians dO' nat replace the required plan reviev nar dO'
they imply any appraval af' the submitted materials.
8. Applicant agrees that nO' vark shall be dane ,an any part af the building
ar structure beyand the paint indicated in each successive inspectian
withaut first abtaining, the appraval af the Building'Official. Such appraval
shall, be given anly after an inspectian has been made af each successive
step in the construction ,as indicated an the a.ttached Exhibit B.
9. Natvithstanding any ather pravisians of this Agreement, this Agreement'
'shall terminate upan ,issuance of a building permit or thirty (30) ,days fram
the. date af this Agreement, whichever first accurs.Applicant understands
that all wark an the praject shall immediately cease withaut anynatice fram
the City if this Agreement terminates befare a building permit'is issued.,
This agreement shall terminate an . ' "
'10. Applicant agrees to' defend,' indemnify and hald'City harmless fram any
and all casts (including attarney fees), liability ar damages af 'any'kind ar
nature vhatsaever, far persanal injury and,praperty damage arising fram the
Applicant's early cammencement af canstructian and the wark undertaken ar
camp1eted.
11. The terms af this Agreement shall extend to' and be binding upon the
parties heretO' and their heirs, successars and assigns.
12. If any suit, actian ar ather proceeding,ar'an appeal therefram, is
instituted to' abtain, establish, enfarce, ar campel any right ar- abligatian
resulting fram this Agreement, the prevailing party shall be entitled to
recaver fram the adverse party, in additian to' casts and disbursements, such
additianal sums as the caurts, both trial and appellate, 'may judge
reasanable attarney 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 EJq'ENSES INCURRED BY THE CITY IN
ENFORCING THE TERMS OF THIS AGREEMENT. IN THE I>VI>..... THAT YOU DO
NOT UNDERSTAND ANY TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE
SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE.
CITY
. APPLICANT
c--
BY~
of springfield
~, ~
~ ~~ ,,- )..~-,
---=--
Contractor
FfAf(A/lC '13
/fbmt" f
city
Business Name
Building Official
Address 150)< 7t.Jz.5
CC Registration # 5t? 'f f'f
Ll\.ND/PROPERTY ~"'u",R"SI
I/WE HAVE READ THE ABOVE, AUTHORIZATION '1'0 PROC,EED AGREEMENT. I/WE,
UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES
UPON US ~S THE LAND/PROPERTY ~.....",RS. I/WE AGREE TO BE BOUND BY ALL'
TERMS AND CONDITIONS OF THE AGREEMENT.
'1\ <--..-.
Address \ j ~ ,~ ~~
~p
Name
~ ~'
) 0(C77 LJ77
VALIDATION:
DATE PAID
AMOUNT RECEIVED -$ ICb.-
<<u)
Cj'~n '7 I Lf
3D L-( ~~
~ - ~'-l-_ q 'b
CITY JOB #
F-ECEIPT NUMBER
RECEIVED BY
.
.
EXHIBIT A,
Purpose
The purpose of this agreement is to allov'certa'in 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 alterations or modifications to existing commercial and industrial
buildings vhich are of a non-structura1'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 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 Two-Family Dvelling
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 vhieb ,has not been obtained;
b) nev development located on land vith over six-percent slope;
c) lots having expansive (clay) soil;
d) development located within flood hazard areas;
e) development located vithin vetland areas;
f) pole buildings ~r other such type of structure that is nQt of conventional
construction.
.
.
,
EXHIBIT B
,
Required Inspections
To request an insPectionc 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 excavationc but prior to setting forms
Footing - After, trenches ,are excavated
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 decking
,
Sanitary Sewer - Prior to filling trench
storm,Sewer - Prior to filling trench
Water: Line ,- Prlor, to. ~iliing,trench
.'