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Home My WebLink AboutA 20160120002054 1111 Return Address: 201601200020 City of Renton CITY OF RENTON AG Clerk PAGE-001 OF 005 City 01/20/2016 16:04 Renton City Hall KING COUNTY, WA 1055 S. Grady Way Renton, WA 98057 Above this line reserved for recording information. PUBLIC AGENCY AGREEMENT FOR MAINTENANCE (Previous Project Surety: Bond No. SSB0100526) Grantor/Borrower: Renton Housing Authority Grantee/Assignee/Beneficiary: City of Renton Description: LOTS 1, 2 AND 4, BLOCK 7, CORRECTED PLAT OF RENTON HIGHLANDS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 57 OF PLATS, PAGES 92 THROUGH 98, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Assessor's Tax Parcel ID#: 722780-0185, 722780-0190 and 722780-0200 Project Title: Kirkland Avenue Townhomes THIS AGREEMENT ("AGREEMENT") made and entered into on the '"/ day of January, 2016, by and between the City of Renton, a municipal corporation of the State of Washington, hereinafter referred to as "CITY", and Renton Housing Authority, a Washington public body, corporate and politic, hereinafter referred to as "APPLICANT", (collectively, the "PARTIES"). WITNESSETH: WHEREAS, the undersigned APPLICANT has constructed public roads and/or drainage facilities and other public improvements to be deeded to the CITY in connection with the above-referenced project; and WHEREAS, the APPLICANT has agreed to secure the successful maintenance and operation of said improvements for the referenced project pursuant to RMC 4-6-030 and RMC 9-10-5. Public Agency Agreement for Performance Page 1 of 5 • NOW THEREFORE, the APPLICANT hereby agrees and binds itself and its legal representatives, successors, and assigns as follows: 1. The improvements constructed by the APPLICANT or his representative shall successfully operate and shall remain free of defects in design, workmanship, and materials for a period of two (2) years from the date of satisfactory completion of the improvements or final plat approval, whichever is later. As used in this AGREEMENT, the term "defects" includes but is not limited to, damage resulting from construction activities and/or use during the two (2) year period. 2. The APPLICANT is responsible for maintenance of the public road, drainage facilities and other public improvements, including the roadway surface for the two (2) year period from the date of satisfactory construction approval or final plat approval, whichever is later. 3. In the event of any failure of the improvements to satisfactorily operate or in the event of a defect in design, workmanship, or materials, the APPLICANT shall promptly and adequately repair and/or correct the failure or defect. • 4. The CITY will perform maintenance inspections during the two (2) year period. 5. During the two (2) year period upon notification by the CITY, the APPLICANT shall correct and/or make repairs to the right-of-way improvements within the time period specified by the CITY when defects in the design, workmanship, or materials occur. 6. In the event the CITY determines that repairs must be performed immediately to prevent risk to person(s) and property, the CITY may make necessary repairs and the costs of those repairs shall be paid by the APPLICANT upon demand. 7. The APPLICANT shall pay all required fees in accordance with Renton Municipal Code. 8. At the end of the two (2) year period, the APPLICANT shall clean the drainage facilities prior to the City's final inspection. 9. If, at the conclusion of the two (2) year period, the City of Renton, at its sole discretion, determines the improvements are not adequately maintained, the APPLICANT shall perform prompt maintenance to the CITY's satisfaction. In the event this maintenance is not performed within the time period specified by Public Agency Agreement for Performance Page 2 of 5 the CITY, the CITY will invoke the enforcement processes found in RMC Chapter 1-3. 10. Any failure by the APPLICANT to comply with the terms of this AGREEMENT in a timely manner shall constitute default. Any action or inaction by the City of Renton following any default in any term or condition of this AGREEMENT shall not be deemed to waive any rights of the City of Renton pursuant to this AGREEMENT. 11. The APPLICANT shall indemnify and hold the CITY and its agents, employees and/or officers harmless from and shall defend at its own expense all claims, damages, suits at law or equity, actions, penalties, losses, or costs of whatsoever kind or nature, brought against the CITY for negligence arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the APPLICANT's performance or failure to perform any aspect of the AGREEMENT. Provided, however, that if such claims are caused by or result from concurrent negligence of the APPLICANT and the CITY, its agents, employees and/or offices, this provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, and provided further, that nothing herein shall require the APPLICANT to hold harmless or defend the CITY from any claim arising from the sole negligence of the CITY's agents, employees and/or officers. 12. In the event that any part deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in King County, Washington. 13. The APPLICANT is granted the right to access CITY right-of-way, tracts, and easements dedicated to the CITY for the purpose of performing work required by this Maintenance and Defect Agreement until the AGREEMENT is released. Release Requirements: This AGREEMENT shall remain in force and effect and shall not be released until all terms of this AGREEMENT have been completed to the satisfaction of the City of Renton. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the date and year first above set forth. Public Agency Agreement for Performance Page 3 of 5 • CITY OF RENTON: Chip Vincent, Administrator of Department of Community and Economic Development STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Chip Vincent is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Administrator of Department of Community and Economic Development of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this ,5 day of January, 2016. -14016 HQ./ „Jibi E81\ erw- v y =`GO Dar* 4A�// Notary Publi n and for the State of Washington r • Residing at )o..r_5 S. (, - a �� 'Re l t4 (0' w� ` j s My appointment expires qi e t 7ittigror 47' 111111%M\tP' Public Agency Agreement for Performance Page 4 of 5 r RENTON HOUSING AUTHORITY: 7/4-(. Mark o•per k frti - ' ector r STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Mark R. Gropper is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of the Renton Housing Authority to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this 3 0 day of December, 2015. Kele 5n b*ubhacl4 h tiSMBHj�� • �4 s\oiv F • qo+1Nota Public in and for the State of Washington k 'oTAR _y�% Residing at �Gtvhrn, W� NO Y y My appointment expires 0L101 1241 (i PLIBLIC sit 4.5.:,•••P2D aciVi oP File: KAT RHA Kirkland Avenue NE Public Agency Agreement for Performance Page 5 of 5