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Home My WebLink AboutEasement Building 1998-3-26 ...~.' .~: - ~ ,I. .. 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 AG~EEMENT is ente;ed into this 2~7!J day of /J1{~fctf ,19~ by and betv~en the City 6f~pringfiel~ a mu~ipalcorpora:tionof the St~te~ Oregon, here1naf~er called. Clty, and, ^'\Zftf\ \_~r-aJ'\~. . "here1nafter calle.d the. Apphcant.. ... ... . . , . \1HEREAS, 'the applicant has applied to the City <;:ommunity Services Building .~.ivisionfor issuance of certainAcop~tr~,tio~.per:.mits fot dev lopmen~ . 1mprovement7 t? be loc~ted at. '-\ \.~'t l\_L~~. Spnngheld, Oregon. ()r V1 th1n, the. C1 ty' s, Urban Grovth Ur~dlCt10nal Are. ane Coun ty .. _. . Assessor's Map and Tax Lot number \\02.o1-?l~'~C1()~ ..... . \1HEREAS,theapplicant has asked the City t9 authorize the Applicant to immediately comme~ce development improvements vithout a completed plan reviev or subsequent approval as required by the ,Springfield Building SaretyCode.. .Adm~nistrative Code section 303(a) . llIiEREAS, . the AppliC:ant has submi tteCl to the City. a completed permi t application, 3 (tJ1r~e) sets of -construct,ion dravings, specifica~ions, and other data required for the. City to complete the' necessary, planreviev of th.e proposed development improvemen t. . . . , . \1HE~AS,. the intended development improveme~t is of a nature that .requires no other reviev ap~roval fro~ other State or local agencies and is ~xempt from the criteria established by the Building Safety Diyisi~n, attached ~s Exhibit A of this Agreemen t. \1HEREAS, the City has not revieved or approved the submitted materials for the ~development improvement, th~City is therefore unable to confirm at this time vhether the permit applicatic~ submitted vill be ,cpp~oved, and vhether the ~equired construction permits can be issued. . ,. . '. ...) \1H.EREAS ,.the ~pplicim t has requested theCi ty to provide expedited authorization to proceed vi~h.certain phases of cons~ruction prior to the completion of the City's reviev.of the permit application. \1HEREAS, the City's fee for the administrative serv.ices rendered in providing expedi ted authorization is $150.00. NO~, THEREFORE, in consideration .of the foregoing recitals and of the mutual . promises contained herein, the Ci ty authorizes immediate commencemen-t of the development improvement specified in the. permit application subject to the follovingterms 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 conditionephovever, upon Applicant's agreement that the project viII be constructed as set forth in the attached submitted dravings and spe~ifications, except as may be modified by City, and viII comply vith all applicable lavs and ordinances. Applicant's immediate commencement .of construction is at Applicant's ovn risk. The City. makes no assurance that the-develo ment or construction im rovements villbe a proved or the require construct~on permIts VI ateI' e Issue . 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; ~ 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.butnot limited to, the. application or the proposed construction do not comply vith all applicable statutes, ordinances ~rcode provisions, Applicant vill . ,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 .following 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 J.JD ORDER for removal of all such ;':0rk in a manner cs . prescribed in BSCAC, SECTION 204. ABATEMENT OF u~SAFE, SUBSTM~DARD OR. DANGEROUS BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. Upon r~ceipt of such notice, Applicant shall immediately remove, the vork 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 vill not to. proceed beyond the point of authorization. approved by the Ci ty' s Building ~ficial. ~I.lllicant'S Point- of Authorization is . . , . \ ~ t \ '* \._\)n(W ~ 1:' r .l.~. .. 6. Applicant agrees that 1 vork formed under this agreement shall be accessible and exposed fo inspecti 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 toallov'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 befbre ,proceeding vi th. any further construction. Appl.icant also agrees that these inspections do not replace the required plan reviev nor do they imply any approval of the submi tted ma teri,als. 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. Notvith~tandirig any'otherprovisions 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 occurse.Applicant understandS' that all york on the project shall immediately ce.ase without any. notice from the City if this Agreement terminates before a building permit. is issued.. This agreement shall terminate on ~A11 L . -:s cD> / 9 9?). . 10. Applicant agrees to defend,.indemnify 'andhold.Cityharmless from any and all costs (including attorney fees), liability or damages of any kind or na ture vhatsoever, for personal injury anc\. 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 thei.r heirs, successors and assigns. 12. If any suit, action or other pro'ceeding,or an appeal therefrom, 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, ~ay 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 of Springfield By: h/~~ ,/</(f~.7~/8 .~. . Building Official . APPLICANT contracto~. \\JJ.UDn.~tn Business Name P. I{/~ 4J- Address ~ JCfJ C~..#~. CC, Registration # ..9 _Q) I~ CITY LAND IPROPERTY OWNER fS), I/WE HAVE READ THE ABOVE AUTHORIZATION TO PRO~EED AGREEMENT. I/WE. UNDERSTAND WHAT IT EXPRESSES AND THE RESPONSIBILITIES IT PLACES UPON US !\S THE LAND/PROPERTY OWNERS. I/WE AGREE TO BE BOUND BY ALL . .TERMS AND CONDITIONS OF THE AGREEMENT. Name Address VALIDATION: , C\ ~~~Q t) . CITY JOB # I{ECEIPT NUMBER Z92b~ , DATE PAID Khv/J'g a:) AMOUNT RECEIV~~ ( \ ~\) . ./~~. 'If RECEIVED BY EXHIBIT A. Purpose The purpose of this agr~ement is to allov ~erta1n development improVements to . occur prior to obtaining plan reviev approval from the Springfield Communi ty Services Division. Scope The use of thfs agreement shall be limi ted 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.memb~r of the building or any part of the builqing having fire resistant construction. One and tvo-family dvelling plans for structures that are complex in nature that have been'prepare~ 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. with the One and Two-Family Dw~lling Specialty Code, may be ~onsidered 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 vetland areas; f) pole buildings or other such type of structure that isnqt 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 7~00a.m. will be made This is a 24 hour recording. made the same working day, the following. work day. Temporary Electric ~ Site-To be made after excavation, but prior to setting forms -~ Footing After trenches are excavated ./~ Foundation After forms are erected but prior to concrete placement V' Underfloor Plumbing- Prior to filling trench ~ Underfloor Mechanical -Prior to insulation or decking .: ~. Post & Beam - Prior to floor insulation or ~ecking . ~ Underfloor Insulation - Prior to decking , ~ sanitary Sewer - Prior to filling trench ~ storm Sewer - Prior to filling trench V-. Water Line - Prior to filling trench