HomeMy WebLinkAboutPerformance PASAReturn Address:
City of Renton
City Clerk
Renton City Hall
1055 S. Grady Way
Renton, WA 98057
Above this line reserved for recording information.
PUBLIC AGENCY AGREEMENT FOR PERFORMANCE
(Project No. C21004289)
Grantor/Borrower:
Renton School District
Grantee/Assignee/Beneficiary:
City of Renton
Legal Description/STR:
XXXX
Assessor's Tax Parcel ID#:
XXXX
Project Title:
RSD Elementary #16
THIS AGREEMENT ("AGREEMENT") made and entered into on the XXth day of April, 2022, by and between the City of Renton, a municipal corporation of the State of Washington, hereinafter
referred to as "CITY", and Renton School District, a Washington public body, corporate and politic, hereinafter referred to as "APPLICANT", (collectively, the "PARTIES").
WITNESSETH:
WHEREAS, the undersigned APPLICANT will 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 completion of said improvements 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, and assigns as follows:
The APPLICANT guarantees that construction, maintenance and restoration of roadway, site, drainage, retention/detention, water, and sanitary sewer facilities will occur in full compliance
with the approved construction plans and profiles, including any approved amendments thereto, and in full conformance with applicable CITY ordinances, standards and specifications,
to the satisfaction of the CITY.
If the subdivision, short subdivision, or site plan is not recorded, or the building does not receive any certificate of occupancy or final building permit, the APPLICANT agrees to restore
the right of way to its original condition or better AND stabilize the site or comply with the conditions of any permit or approval, including, but not limited to, corrective work necessary
to provide drainage consistent with approved plans and conditions, and to protect the public health, safety, and welfare, including effects on water quality.
The CITY must approve (in writing) any proposed changes from the approved plans prior to the APPLICANT beginning such work.
Prior to beginning construction, a preconstruction meeting shall be held with the CITY, the APPLICANT and the APPLICANT’S contractor(s).
The APPLICANT shall be responsible for the cost of any corrective work on or off the site or within the right of way to the extent that such corrective measures are associated with work
performed and/or not completed.
The APPLICANT shall pay any fees required in conjunction with the project pursuant to the City of Renton Fee Schedule.
If the APPLICANT fails to proceed with due diligence and in good faith in the work provided herein, the APPLICANT shall remove all or part of constructed facilities and restore all disturbed
areas of the site to its original or better condition at the APPLICANT’S sole expense. The APPLICANT shall not stop, delay or abandon the project without first rectifying any damage,
stabilizing and restoring the right of way and/or site by grading, hydroseeding, and/or landscaping as may be required by the CITY.
The APPLICANT shall furnish to the CITY a set of “final corrected plans” (photo Mylar quality) of all required public and private facilities when applicable.
The APPLICANT shall be responsible for the proper performance, safe conduct and adequate policing and supervision of the project. This responsibility shall not be lessened or otherwise
affected by the CITY’S approval of plans, specifications, or work, or by the presence at the work site of the CITY’S representative(s), or by the compliance by the APPLICANT with any
requests made by said representative(s).
13. The APPLICANT shall indemnify and hold the CITY and its agents, employees and/or officers harmless from and shall process and 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 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 nothing herein shall require the APPLICANT hold harmless or
defend the CITY from any claim arising from the sole negligence of the CITY’S agents, employees and/or officers.
14. In the event that any party 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.
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.
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 __________ day of April, 2022.
Notary Public in and for the State of Washington
Residing at
My appointment expires
RENTON SCHOOL DISTRICT:
John Doe, Title
STATE OF WASHINGTON
)
) ss
COUNTY OF KING
)
I certify that I know or have satisfactory evidence that John Doe 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 Title of the Renton School District 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 __________ day of April, 2022.
Notary Public in and for the State of Washington
Residing at
My appointment expires
File: C21004289