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Surety - Agreement to Construct ImprovementsDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 1 2/1/2018 AGREEMENT TO CONSTRUCT IMPROVEMENTS AND STABILIZE AND/OR RESTORE THE RIGHT OF WAY AND/OR SITE Applicant’s Name and Address Name: Address 1: Address 2: Project No. (PR)/Construction Permit No. (C/U) Project Name / Guarantee Amount Site Location This AGREEMENT is made and entered into this day of , 20 , between the City of Renton, hereinafter called the CITY, and the above named applicant, hereinafter called APPLICANT. Basis for AGREEEMENT: WHEREAS, the undersigned APPLICANT wishes to construct right of way improvements and/or perform site work at the above location, and WHEREAS, the CITY will authorize site work or limited right of way use and permit said construction upon agreement by the APPLICANT to comply with all terms of this AGREEMENT; and NOW, THEREFORE, the APPLICANT hereby agrees and binds itself and its legal representatives, successors, and assigns as follows: Terms of the AGREEMENT: 1.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. 2.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. 3.Unless otherwise authorized by the CITY in writing, as specified in the conditions of the permit, all deferred work shall be completed within twelve months following the issuance of the certificate of occupancy, or twelve months after recording the subdivision, short subdivision or site plan, or prior to the expiration or completion of the deferral permit, whichever occurs first. 4.The CITY must approve (in writing) any proposed changes from the approved plans prior to the APPLICANT beginning such work. 5.Prior to beginning construction, a preconstruction meeting shall be held with the CITY, the APPLICANT and the APPLICANT’S contractor(s). 2 2/1/2018 Project No. (PR)/Construction Permit No. (C/U) Project Name / 6.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. 7.The APPLICANT shall pay any fees required in conjunction with the project pursuant to the City of Renton Fee Schedule. 8.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. 9.Prior to the CITY’S approval and authorization of construction, the APPLICANT shall provide the CITY with a financial guarantee in the amount and in a form approved by the CITY to secure compliance with all terms of this AGREEMENT. The financial guarantee shall remain in force and effect until written release by the CITY. The APPLICANT’S obligation to perform work and pay fees or other amounts is not limited to the amount of the associated financial guarantee. 10.Upon completion of the required public improvements to the satisfaction of the CITY, the APPLICANT shall file such further financial guarantees and agreements in the amounts and forms acceptable to the CITY to secure the successful operation and maintenance of the improvements for a minimum period of two years after construction approval. In the event that the APPLICANT fails to post such additional financial guarantee instruments, the CITY may demand payment on the performance financial guarantee instruments and may utilize such amount to secure operation and maintenance of improvements in accordance with the Renton Municipal Code and this AGREEMENT. 11.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. 12.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. 3 2/1/2018 Project No. (PR)/Construction Permit No. (C/U) Project Name / 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. 15.It is the APPLICANT’S responsibility to notify the CITY of any change in address, phone number, or change of ownership of property. It is the APPLICANT’S responsibility to arrange for replacement of any/all financial guarantees prior to the time that a change of ownership occurs. The APPLICANT, as indicated in this AGREEMENT, shall remain responsible for all terms of the AGREEMENT until such time as a new owner shall replace the financial guarantees and complete any other documents as required by the CITY. 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. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. APPLICANT Name Title Date Received for City of Renton By Date