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Home My WebLink AboutEX_04_Hold_Harmless_AgreementAgreement: UW Regents and City of Renton (12.01.2021) Medical Testing Lab Facilities Page 1 of 3 Acknowledgment for Building Permit Review and Issuance Recitals A. The Board of Regents of the University of Washington (“Applicant”) is the lessee of the property located at 1601 Lind Ave SW, Renton WA 98057 (“Property”). The Applicant intends to relocate a portion of its Medicine Testing Lab facilities (primarily testing for COVID-19) into the first floor of the Property. B. On November 22, 2021, the City of Renton (“City”) issued a Notice of a Complete Application for a Temporary Use application for UW Medicine Testing Lab TUP II (LUA21-000424, “TUP”) submitted by the Applicant for the use of the first floor of the Property as a medical testing lab. C. As of the date of this Acknowledgment, the Applicant is in the process of application, but not yet received approval, for the necessary land use permits for the permanent operations of its medical testing lab at the Property pursuant to RMC 4-8-080.G. These permits include, but are not limited to, the State Environmental Policy Act (“SEPA”) and a Conditional Use Permit (“CUP”), collectively (“Land Use Permits”). D. The Applicant desires to obtain a building permit for the tenant improvements necessary to remodel the Property to meet its medical testing lab needs (the “Building Permit”) prior to gaining approval of the Land Use Permits but post issuance of the TUP. E. Applicant represents that review and issuance of the Building Permit prior to SEPA and CUP permit issuance is needed because the current facility where the Applicant is performing one third of all Washington State COVID-19 tests will be unavailable as of March 31, 2022. If the Property is not ready for the medical testing lab to be fully functional as of that date, Washington State will lose one third of its COVID-19 testing capacity until such time that it is ready. Construction on the tenant improvements need to begin on December 6, 2021, to give the Applicant the best chance of reaching this goal. F. Pursuant to RMC 4-8-070.D the City’s Community and Economic Administrator is authorized to review and act on modifications to permitting requirements, including the request for waiver by Applicant submitted under RMC 4-8-060.F. G. In consideration of the above, and in recognition of the public health emergency considerations related COVID-19 medical testing, the City will waive the submittal of the required “Land Use Conditions, Approved” item as set forth in Renton Municipal Code 4-8-120.B in order to expedite the project review and construction, provided that Applicant executes certain acknowledgments. Acknowledgments In consideration of Recitals above, and the City’s acceptance, review and issuance of the Building Permit application, the Applicant hereby acknowledges the following: DocuSign Envelope ID: 33B1CFD1-34C3-4896-8FA6-9D929F5CBD5CDocuSign Envelope ID: 64E21E10-8775-40C2-8A87-73BFDCA0B011DocuSign Envelope ID: E74ED070-622E-42C1-8BA9-FE8BBBC20A40 Agreement: UW Regents and City of Renton (12.01.2021) Medical Testing Lab Facilities Page 2 of 3 1. Applicant agrees that completion and issuance of a Certificate of Occupancy for the proposed medical testing laboratory will ultimately be contingent on its compliance with SEPA, all relevant Land Use Permits including any conditions, and all relevant Building Permits. 2. Applicant also agrees that all work shall stop, and the Building Permit shall be withdrawn if, following exhaustion of all applicable appeals of the Land Use Permits, the Applicant is unwilling or unable to revise the Building Permit application consistent with the conditions of the final Land Use Permits. 3. The City will withdraw the Building Permit application and issue an immediate stop work order, or if construction has been completed Applicant will comply with an Abatement Agreement under the TUP if, following exhaustion of all applicable appeals of the Land Use Permits, the Land Use Permits are denied. 4. The City may require revisions and/or additional information to the Building Permit application for consistency with the final Land Use Permits. Revisions that are necessary for consistency with the final Land Use Permits are deemed “requested by the applicant” as it relates to Renton Municipal Code 4-1-045D.3. If such revisions result in any “substantial change” as the term is used in RMC 4-1-045D.3, a new building permit application will be required which will vest upon the date of submission of a valid and fully complete application. 5. The City will issue a notice accepting the Building Permit application and then will route the Building Permit application to all City reviewers. Expiration of the Building Permit application shall occur 12 months from the date of acceptance which is consistent with current codes. Any Building Permit application expiration extension request made by the Applicant is not guaranteed, is subject to RMC 4-5-060E.7 (“105.3.2 Time limitation of application”) and is at the sole discretion of the City. 6. Applicant assumes all risk of development or alteration to Property subject to this Agreement, including but not limited to denial of Land Use Permits and/or compliance with any conditions imposed. 7. Applicant agrees that the City shall have no obligation or liability to Applicant, whether arising in contract (including warranty), tort (including active, passive or imputed negligence), or otherwise for loss of use, revenue or profit, or for any other incidental or consequential damages. 8. Applicant hereby agrees, that as a supplement to any other related provision in this Agreement and not as a limitation in any way, to defend, indemnify, release and hold harmless the City, its employees and agents, from any and all against all actions, causes of action, liabilities, claims, suits, penalties, fines, judgments, liens, awards, damages, or losses (including but not limited to loss of grant funds, obligations to repay grant funds, or loss of other revenues) of any kind whatsoever (hereinafter “Claims”), for injury to or DocuSign Envelope ID: 33B1CFD1-34C3-4896-8FA6-9D929F5CBD5CDocuSign Envelope ID: 64E21E10-8775-40C2-8A87-73BFDCA0B011DocuSign Envelope ID: E74ED070-622E-42C1-8BA9-FE8BBBC20A40 Agreement: UW Regents and City of Renton (12.01.2021) Medical Testing Lab Facilities Page 3 of 3 death of any person (including without limitation claims brought by invitees of Applicant) or damage to or loss of any property or cleanup of any discharge or release by Applicant or violation or alleged violation of any law or regulation, and expenses, costs of litigation, and reasonable attorneys’ fees related thereto, or incident to establishing the right to indemnification, to the extent such Claims arise out of or are in any way related to this Agreement. . In the event the City or its employees or agents bring an action to enforce the terms of this Acknowledgment, the City, its employees and agents are entitled to recover its/their attorneys’ fees and costs in such enforcement action. 9. Jeanette Henderson hereby represents that she is authorized to make the above commitments as the Executive Director of Real Estate at the University of Washington and has attached hereto, and incorporates by this reference, proof of such authority. 10. Chip Vincent, Administrator of the Community and Economic Development Department, hereby represents that he is authorized to make the above commitments under RMC 4-8- 070 (D). CITY OF RENTON By:_____________________________ BOARD OF REGENTS, UNIVERSITY OF WASHINGTON By:____________________________ Chip Vincent Administrator, Community and Economic Development Jeanette Henderson Executive Director of Real Estate, University of Washington _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ M. Patrice Kent Sr. Assistant City Attorney DocuSign Envelope ID: 33B1CFD1-34C3-4896-8FA6-9D929F5CBD5C 12/2/2021 DocuSign Envelope ID: 64E21E10-8775-40C2-8A87-73BFDCA0B011 12/2/2021 | 2:57 PM PST EXHIBIT 4 DocuSign Envelope ID: E74ED070-622E-42C1-8BA9-FE8BBBC20A40