HomeMy WebLinkAboutPermit Easement 1999-9-10
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225 FIFTH STREET
SPRINGFIELD. OR 97477
(541) 726-3753
FAX (541) 726-3689 "
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CITY OF SPRINGFIELD
COMMUNITY SERVICES DIVISION,
BUILDING SAFETY
AUTHORIZATION TO PROCEED AGREEHENT,
THIS AGREEMENT is entered into this )t)11 day of ~r " 197'<)\ by and
bet",een the City ofSpringfiel~.'1J~~~c~l~Ronof the State-Tot Oregon,
hereinafter called. Ci ty, and ""~\~\n 1 V1~ ' ,'hereinafter calle,d
the Applican t.,' , ' ,'\ -,' , -:
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\1HEREAS, the applicant has applied 'to the City Community Services Building
'~,iViSiOr;t for issuance of certailf.1~{1stM.c Cl.t~i~r,.;>.ta~l'^{ t or:_~opm~!O~' .
lmprovements to be located at 'l~~ ~~J~' ~ Sprlngfleld,
Oregon or ",i thin the Ci ty' s Urban Gr,9,"'.s.2. ~Uf~s.s1ic' rea; LaneCoun ty ,.'
Assess6r"~ Map and Tax Lot nu~ber ~. ~ ~r' , ,'., '
\1HEREAS, the applicant has asked the City, to au thorizethe Applicant. to
immediately commence development improvements ",ithout a completed plan revie'" or
subsequent approval as required by the Springfield Building Safety Code
.Adm~nistrative Code section 303(a)
\[HEREAS, ,the Applicant has submitted to the City a completed permit application,
3 (three) setsof.construction dra",ings, specifica~ions, and other data required
fot the City to complete th~ necesiary planrevie", of the ~roposed development
improvemen t.
\1HE~AS, the intend~d development improvement is of a nature that requires no
, other revie", approval from other State or local agencies and is exempt from the
'criteria established by the Building Safety Division, attached as Exhibit A of
this Agreement.' " ",
\1HEREAS, the City has notrevieved or approved the submitted materials for the
develop~erit improvement, th~City is therefore unable t~ confi~m at this time
",hether the permit applicati~~ submitted ",ill be approved, and whether the
r:equired constrUctioripermits can be issu~d. .
\1H.EREAS, the appiicant has' req~ested the City to provide expedited authorization
to proceed ",ith certain phases of construction prior to the completion of the
City's review of the permit application:
\1HEREAS, the City's fee for the administrative services rendered in providing
eipedited aui~orization is'$150.00.
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NOV, THEREFORE, inconsideration of the foregoing recitals and of the mutual
promises contained herein; the Ci ty au thodzes immedia te commencemen t of the
dev~lopment improvemerit specified in the. permit application~ubject to the
folloving terms and conditions:
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Authorization to Proceed Agreement
Pa'ge 2. .
1. City agrees that the Applicant may immediately commencevith the
development improvements set forth in the permit application. ,City's
authorizatio~ to proceed is conditione~hovever,upon Applicant's agreement
that the project viII be constru~ted as set forth in the attached submitted
dravings and specitications, 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 villbe ~pproved
or the required construction permits villlater be issued.
2. City agrees to reviev Applicant's permit application in 'the normal reviev
~rocess and to thereafter: .
a) issue Applicant the appropriate construction permits; or
b) advise Applicant of deficiencies in the proposed construction vhich
. must be 'remedied before permit~ can be issued; or '
c) advise Applicant of any statutes, ordinances or code proVls~ons vith
vhich Applicant must comply vith before City can issue the permit.
3. Applicant agrees that if City finds Applicant' spermi t 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 or code provisions, App~icant viII
expeditiously cure the deficiencies so .that the City may issue the required
permits. Should Applicant f~il'to expeditiously correct submitted materials,
or should correction prove impossible, City may in it's discretion, take any
or all of the~olloving 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 lJD ORDER for removel of ell such '\..ork in a manner E-S
prescribed in BSChC, SECTION 204. ABATEMElfT OF u~SAFE; SUaST~~DARD 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 6f. 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 s.ite or structure to it's pre-agreement condition and
free of all. hazards
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Authorization to Proceed Agteement
Page 3.
5. Applicant agrees that until Applicant's permit application is ap~roved,
constiuction viII not to proceed beyond the point of authorization approv~d
by the CitY~~p\~fficial. Applicant's Point of Authorization is --.-
6'. Applican t agrees that all vork performed under this agreemen t shall be
accessible and exposed for inspection purposes and that neither th~ Building
Official nor City shall be liable for the expense entailed in the removal or
replacement of, any material necessary ,to allow'inspection. '
7. Applicant agre'es that any or all"'deficiencies identifi,ed during the
necessary inspections viII 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 ~n any part of the building
or structure beyond the point indicated in each successive inspection
vi thout 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. Notwi ths.tanding ariy 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 imaiediately cease without any notice from
the City if this Agreement terminates before a building permit is issued.,
This agreement shall terminate on " 0 c, T 10, / 9 '17', "
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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 vhatsoever, for personal injury anq,property damage arising from the
Applicant's early commencement of construction and the wor~ undertaken or
completed.
11. The terms of this Agreement shall extend to and be binding upon the
parties hereto and tttei.r .heirs" successors and assigns.
12. If any suit, action or othet pro'ceeding,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. '
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Authorization to Proceed Agr~ement
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 EVENT THAT YOU DO
NOT UNDERSTAND ANY TERMS OR CONDITIONS OF THIS AGR~EMENT, PLEASE
SEEK ANY LEGAL OR OUTSIDE OPINIONS YOU MAY DESIRE.
city of springfield
APPLICANT
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Contractor 'i'\ll\U5t U J\JUUl.LJ
CITY
By:
Business Name
Building Official
. Address P.-M rMl)(ca
CC Registration # ~
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LAND/PROPERTY OWNER(S)
'IrilE HAVE READ THE ABOVE, At!THORIZATION TO PROC,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 ! 1~,' ~.-<-------
, <SC~ .' 0 ,
Address '
VALIDATION:
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~ECEIPT NUMBER, . S 5514-
9//0,/ /,J
/ y~ 6-1'
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CITY JOB #
DATE PAID
AMOUNT RECEIVED
RECEIVED'BY
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EXHIBIT A,
Purpose
The purpose of this agreement is to allow 'certain development improVements to
occur prior to obtaining plan review approval from the Springfield Community
Services Division.
Scope
The use of this agreement shall be limited to certain one and two-family
dwellings not complex in nature as determined by the Building 'Official and
minor alterations or modifications to existing commercial and industrial
buildings which are of a non-str~ctural~type and do ~ot adversely affect any
structural member of the building or any part of the building having fire
resistant construction.
One and two-family dvelling plans for structures that'.are complex In nature that
have been prepared by an Oregon licensed architect or engineer and accompanied.
bya letter of review prepared by said architect or engineer, stating that the
,. submi t ted material is in compl.iance wi th 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 ineligiblefdr t6i~ agreement:
a) development requiring site approval vhichhas 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 vithin vetland areas;
f) pole buildings or other such type of structure that ,is nqt of conventional
construction.
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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
~ 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 ex~avated
~. 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
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~ Sanitary Sewer - Prior to filling trench
~' Storm Sewer - Prior to filling trench
~wat~rLine ,- Prior to filling trench