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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 .'