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HomeMy WebLinkAboutExhibit_13_Building_Permit_AcknowledgementAgreement: Susan Conway (on behalf of the Bezos Academy) and City of Renton (01.20.2022) Bezos Academy Page 1 of 3 Acknowledgment for Building Permit Review and Issuance Recitals A. Bassetti Architects the lessee of the property located at 3000 NE 16th St, Renton WA 98056 The Applicant intends to operate a preschool (classified as a Day care center under RMC4-2-060) within an existing building on the Property. B. 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 permit, specifically a Conditional for the permanent operations of the preschool at the Property pursuant to RMC 4-8-080.G. C. The Applicant desires to obtain a building permit for the tenant improvements necessary to remodel the Property to meet its needs prior to gaining approval of the CUP. D. Applicant represents that review and issuance of the Building Permit prior to CUP permit issuance is necessary in order to begin operation of the facility, which will provide no- cost childcare to residents of Renton, a service in high demand and low supply in the community, as soon as possible. Construction on the tenant improvements need to begin before February of 2022 to give the Applicant the best chance of reaching this goal. E. Pursuant to RMC 4-8-070.D authorized to review and act on modifications to permitting requirements, including the request for waiver by Applicant submitted under RMC 4-8-060.F. F. In consideration of the above, and in recognition of a regional demand for low or no-cost preschool and daycare services, 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 acceptance, review and issuance of the Building Permit application, the Applicant hereby acknowledges the following: 1. Applicant agrees that completion and issuance of a Certificate of Occupancy for the proposed preschool will ultimately be contingent on its compliance with 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 Applicant also agrees that all work shall stop, and the Building Permit shall be withdrawn if, following exhaustion of all applicable appeals of the Land Use Permits, the Applicant DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C Agreement: Susan Conway (on behalf of the Bezos Academy) and City of Renton (01.20.2022) Bezos Academy Page 2 of 3 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 as it relates to Renton Municipal Code 4-1-045D.3. If such revisions result in any -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 issued a notice accepting the Building Permit application and 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-) 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, 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 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. DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C Agreement: Susan Conway (on behalf of the Bezos Academy) and City of Renton (01.20.2022) Bezos Academy Page 3 of 3 9. Susan Conway of Bassetti Architects hereby represents that she is authorized to make the above commitments as the project manager for the Bezos Academy 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:_____________________________ BEZOS ACADEMY By:____________________________ Chip Vincent Administrator, Community and Economic Development Susan Conway Bassetti Architects _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ M. Patrice Kent Sr. Assistant City Attorney 1/20/221/21/2022 Approved by Patrice Kent via 1/21/2022 email DocuSign Envelope ID: 9FD63AC2-AA0F-42BB-AD6E-47E1406C027C