92-012 - Rabanco / City of Renton - Black River CDL Recycling and Transfer Station

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in that they may cause a modification to the site plan as described in the ERC Documents. The Parties agree that Tukwila shall be informed by Renton and have a fifteen days to review and comment on these applications prior to the issuance of the permits by the City of Renton. b Additional Conditions to Be Consistent With Mitiaation Conditions. The Parties desire to have as much certainty as possible regarding the conditions for the Project and hereby state their intent that the conditions of the permits and approvals for the Project will not conflict with materially enlarge or modify the Mitigation Conditions herein. To that end, Renton agrees that it will only impose additional conditions to the Mitigation Conditions on the Project which do not conflict with, enlarge or modify the Mitigation Conditions unless such conflict, enlargement or modification is explicitly mandated by a Renton ordinance in existence on the date of this Agreement other than the Environmental Review Ordinance or as otherwise provided for in this Agreement. The Parties also recognize that while they wish to bind themselves as much as possible, this Agreement cannot legally bind a future Renton City Council and that it cannot bind quasi judicial decisionmakers regarding permits and approvals for the Revised Project. 3 Proiect to Substantially Comply with Mitiaation Conditions and the ERC Documents Rabanco agrees that its application for shoreline permit and other approvals required for development pursuant to this Agreement will be for a project that is revised to substantially conform to all of the Mitigation Conditions of this Agreement and the ERC Document, provided that substantially conform means that Rabanco may make minor adjustments" to the Project, "minor adjustment' defined herein as any change that is less than a major adjustment' as defined below "Minor Adjustment which Minor Adjustment shall also be within the terms and spirit and intent of this Agreement, without written consent of the parties. 4 Modification to Proiect Reauire Agreement. If Rabanco desires to make a major adjustment to the Project, which major adjustment" is defined herein to be a substantial change in the Project, or an increase in the total square footage of the building or site area as described in the ERC Document, Rabanco must first obtain written permission from Renton Planning staff Such "major adjustment' to the Project may require additional environmental review which Renton agrees to perform in accordance with the SEPA guidelines and the Renton Environmental Review Ordinance Prior to the issuance of permits for any amendment to the Project which Renton considers to be a "major adjustment' Tukwila shall be informed by Renton and have a fifteen day review and comment period Any comments received from Tukwila within this period shall be considered by the City of Renton in any conditions attached to the permits