HomeMy WebLinkAboutLHS Public Agency Agreement - RSD SignedReturn Address:
City of Renton
City ClerkRentonCity Hall
1055 S.Grady Way
Renton,WA 98057
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PUBLIC AGENCY AGREEMENT FOR PERFORMANCE
(Project No.C22002856)
Grantor/Borrower:
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
ProjectTitle:
Renton SchoolDistrict
City of Renton16426128"Ave SETBD
Lindbergh High School Modernization
and Addition
THIS AGREEMENT("AGREEMENT")made andentered into on the ___day
of March,2023,by and between the City of Renton,a municipal corporation of the
State of Washington,hereinafter referred to as "CITY",and Renton SchoolDistrict,
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.
Public Agency Agreementfor Performance Page 1 of 5
NOW THEREFORE,the APPLICANT hereby agrees and bindsitself and its legal
representatives,successors,and assigns as follows:
1 The APPLICANT guaranteesthat construction,maintenance andrestoration 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 orfinal building permit,the
APPLICANTagreesto restore the right of wayto 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 changesfrom the approved
plans prior to the APPLICANTbeginning 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
pursuantto the City of Renton Fee Schedule.
if the APPLICANTfails to proceed with due diligence and in good faith in the
work provided herein,the APPLICANTshall removeall 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 APPLICANTshall not stop,
delay or abandon the project withoutfirst 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 APPLICANTshall furnish to the CITY a set of “final corrected plans”
(photo Mylar quality)of all required public and private facilities when
applicable.
Public Agency Agreementfor Performance Page 2 of 5
9.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
approvalof plans,specifications,or work,or by the presence at the worksite
of the CITY’S representative(s),or by the compliance by the APPLICANT with
any requests made bysaid representative(s).
13.The APPLICANTshall indemnify and hold the CITY and its agents,employees
and/or officers harmless from and shall process and defend at its own
expenseall claims,damages,suits at law or equity,actions,penalties,losses,
or costs of whatsoeverkind or nature,brought against the CITY arising out of,
in connection with,or incident to the execution of this AGREEMENTand/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/orofficers.
14.In the event that any party deemsit 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 competentjurisdiction situated in King County,Washington.
Release Requirements:This AGREEMENTshall remain in force and effect and shall
not be released until all terms of this AGREEMENThave been completed to the
satisfaction of the City of Renton.
IN WITNESS WHEREOF,the PARTIES hereto have executedthis
AGREEMENTonthe date and yearfirst above setforth.
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 )
|certify that |know or have satisfactory evidence that Chip Vincentis the person
who appeared before me,and said person acknowledgedthat he signedthis
instrument,on oath stated that he was authorized to execute the instrument and
acknowledgedit as the Administrator of Department of Community and
Economic Developmentof the City of Renton to be the free and voluntary act of
such party for the uses and purposes mentionedin this instrument.
GIVEN under my hand andofficial seal this day of March,2023.
Notary Public in and for the State of Washington
Residing at
My appointment expires
Public Agency Agreement for Performance Page 4 of 5
RENTON SCHOOLDISTRICT:
STATE OF WASHINGTON )
)ssCOUNTYOFKING)
|certify that |know or have satisfactory evidence thatflbeatude is the
person who appeared before me,and said person acknowledgedthat he signed this
instrument,on oath stated that he was authorized to execute the instrument and
acknowledgedit as the Suferintendent of the Renton SchoolDistrict to be
the free and voluntary act of such party for the uses and purposes mentionedin this
instrument.
GIVEN under my handand official sealthis oe ae day of March,2023.
SANDRA M DOLPH Mirae:rr
(ths
gNotaryPublicSante.rn.LlibStateofWashington—Commission #145487 Notary Public in and for the State of Washington
My Comm.Expires Nov 27,2025 Residing at p ,
"My appointment expires A/ov,°7 AOQS
File:C22002856
Public Agency Agreementfor Performance Page 5 of 5