HomeMy WebLinkAboutS_Maintenance and Defect Agreement_20210408_v1.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
MAINTENANCE AND DEFECT
AGREEMENT (rwo years) For pubtic
roads, public and private landscaping, drainage
facilities, and other public improvements
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eppucerut ruame and ruaitin@
Name: EmilMatveyev
Address 1: 5214 NE 24th Street
Address 2: *"n,on, *O 99059
phone Number: 206-650-4770
Project Name-
Matveyev Short plat
-
Site Location
3810 Park Ave N, Renton, WA 9g056
Guarantee Amount
!36tY.olo
This agreement is made and entered into this /9hereinafter called the ClTy, and the above named a
day of t/f t I , zo2!_, between the City of Renton
Basis foT AGREEEMENT:
wHEREAS' the undersigned APPLIGANT has constructed public roads, public and private landscaping, drainagefacilities and/or other public improvements to be deeded to the clry in connection with the above-referencedproject; and
WHEREAS' the APPLIGANT has agreed to secure the successful maintenance and operation of saidimprovements for the referenced project pursuant to RMC 4-6-030 and RMC 9-10-5.
Now THEREFoRE, the APPLICANT hereby agrees and binds itself and its legal representatives, successors, andassigns as follows:
Terms of the AGREEMENT:
L' The improvements constructed by the APPLICANT or his representative shall successfully operate and shallremain free of defects in design, workmanship, and materials for a period of two (2) years from the date ofsatisfactory completion of the improvements or final plat approval, whichever is later. As used in thisAGREEMENT, the term "defects" includes but is not limited to, damage resulting from constructionactivities and/or use during the two (2) year period.
2' The APPLIGANT is responsible for maintenance of the public road, public and private landscaping, drainagefacilities and other public improvements, including the roadway surface for the two (2) year period fromthe date of satisfactory construction approval or final plat approval, whichever is later.3' ln the event of any failure of the improvements to satisfactorily operate or in the event of a defect indesign, workmanship, or materials, the APPLICANT shall promptly and adequately repair and/or correctthe failure or defect.
4. The clrY will perform maintenance inspections during the two (2) year period.
5' During the two (2) year period upon notification by the clry, the AppLlcANT shall correct and/or makerepairs to the right-of-way improvements within the time period specified by the clTy when defects in thedesign, workmanship, or materials occur.
pplicant,inafter called AppLtCANT.
MAINTEryANCE AND DEFECT AGREEMENi (CONTb
Project No./Permit No.
LUA17-000503 /ctgooo33Y Project Name
Matveyev Short plat
6' ln the event the clrY determines that repairs must be performed immediately to prevent risk to person(s)and property, the clTY may make necessary repairs and the costs of those repairs shall be paid by theAPPLICANT upon demand.
7 ' The APPLIGANT shall pay all required fees in accordance with Renton Municipal code.8' At the end of the two (2) year period, the APPLIGANT shall clean the drainage facilities prior to the ctry,sfinal inspection.
9' lf, at the conclusion of the two (2) year period, the clry, at its sole discretion, determines theimprovements are not adequately maintained, the APPLICANT shall perform prompt maintenance to theclrY's satisfaction' ln the event this maintenance is not performed within the time period specified by theCITY, the clTY will invoke the enforcement processes found in RMC chapter L-3.
L0' Any failure by the APPLICANT to comply with the terms of this AGREEMENT in a timely manner shallconstitute default' Any action or inaction by the clrY following any default in any term or condition of thisAGREEMENT shall not be deemed to waive any rights of the ctry pursuant to this AGREEMENT.
11' The APPLICANT shall indemnify and hold the clrY and its agents, employees and/orofficers harmless fromand shall defend at its own expense all claims, damages, suits at law or equity, actions, penalties, losses, orcosts of whatsoever kind or nature, brought against the clrY for negligence arising out of, in connectionwith, or incident to the execution of this AGREEMENT and/or tne nppitcANT,s performance or failure toperform any aspect of the AGREEMENT' Provided, however, that if such claims are caused by or resultfrom concurrent negligence of the APPLIGANT and the clrY, its agents, employees and/or offices, thisprovision shall be valid and enforceable only to the extent of the negligence of the AppLICANT, andprovided further, that nothing herein shall require the AppLlcANT to hold harmless or defend the ClTyfrom any claim arising from the sole negligence of the clry's agents, employees and/orofficers.
12' ln the event that any part deems it necessary to institute legal action or proceedings to enforce any rightor obligation under this AGREEMENI the parties hereto agree that any such action or proceeding shall bebrought in a court of competent jurisdiction situated in King county, washington.
13' The APPLICANT is granted the right to access clTY right-of-way, tracts, and easements dedicated to theclTY for the purpose of performing work required by this Maintenance and Defect Agreement until theAGREEMENT is released.
Release Requirements: This AGREEMENT shall remain in force and effect and shall not be released until allterms of this AGREEMENT have been completed to the satisfaction of the clTy.
lN wlrNESS THEREoF, the parties hereto have executed this AGREEMENT as of the day and year first abovewritten.
(Signatu re)^/'it-
(Printed Name)
Tlt
(Title)
Page 2 of 2 | pubtished: 2/1,/2018