Sound Transit Development Agreement for Edmonds Commuter Rail StationDEVELOPMENT AGREEMENT
for
EDMONDS COMMUTER RAIL STATION
Uetweeai
CITY OF EDMONDS, WASHINGTON
and
SOUND TRANSIT
Date: Fej� #�
- 9 -.,7o /0 7 02 - i-,2o�20
5'l.5
TABLE OF CONTENTS
RECITALS................................................................................................................................ 1
COOPERATION AND GOOD FAITH EFFORTS.................................................................
2
EDMONDS STATION PROJECT LOCATION AND ELEMENTS ....................... .....-........
3
SEPACOMPLIANCE..............................................................................................................
4
ESSENTIAL PUBLIC FACILITY REQUIREMENTS...........................................................
5
DEVELOPMENT STANDARDS............................................................................................
5
CONDITIONS AND MITIGATION MEASURES.................................................................
6
MINORREVISIONS...............................................................................................................
6
INDEMNITY AND HOLD HARMLESS................................................................................
6
TERM; TERMINATION..........................................................................................................
7
COVENANTS AND WARRANTIES...................................................................................... 7
ASSIGNABILITY; BENEFICIARY........................................................................................ 8
DESIGNATED REPRESENTATIVES.................................................................................... 9
DEFAULT................................................................................................................................ 9
NOTICE..................................................................................................................................
10
GENERALPROVISIONS.....................................................................................................
10
SEVERABILITY....................................................................................................................
12
EXHIBITA - PROJECT PLAN................................................................................................
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is entered into by and between the CITY
OF EDMONDS, a Washington municipal corporation (the "City"), and the CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), a regional transit authority.
Under the authority of RCW 36.70B.170-210 and in consideration of the mutual covenants
contained herein, the City and Sound Transit do hereby agree as follows regarding the Edmonds
Commuter Rail Station Project.
RECITALS
A. The City is an optional municipal code city incorporated under the laws of the
State of Washington, with authority to enact laws and enter into development and
right-of-way agreements to promote the health, safety and welfare of its citizens.
B. Sound Transit is a regional transit authority created pursuant to RCW 81.104 and
81.112 with all powers necessary to implement a high capacity transportation
system within its boundaries in King, Pierce, and Snohomish Counties, including
the right to construct and maintain facilities in public rights of way without a
franchise (RCW 81.112.100 and RCW 35.58.030).
C. On November 5, 1996, Central Puget Sound area voters approved local funding
for Sound Move, a regional transit system plan. Sound Move includes three new
types of regional transportation -- light rail, commuter rail, and a regional express
bus/HOV system -- which will be integrated with local transit systems and use a
single or integrated, regional fare structure.
D. One of the Sound Move projects is an Edmonds Commuter Rail Station
("Edmonds Station Project" or "Project"), located within the City and as
described in this Agreement.
E. Edmonds Crossing, as defined within the SR104 Edmonds Crossing Final
Environmental Impact Statement Record of Decision issued in 2005, is a planned
multimodal terminal to be located at Point Edwards within the City of Edmonds,
and is a regional project intended to serve multiple modes of transportation,
including Sound Transit Sounder North commuter rail operations. Project
components may include, but are not limited to, a Washington State Ferry
Terminal; train station designed to provide for intercity (AMTRAK) passenger
and commuter rail (Sounder) service; bus transit center; facilities for
accommodating both vehicular commuters and walk-on passengers, e.g., parking,
drop-off areas, retail/concessionaire space, and waiting areas; and safety features
including grade separation, designated vehicle parking and holding areas, and
safer convenient waiting areas for bus, train and ferry riders. Sections 2.3, 2.4
and 2.5, provide additional detail on how Sound Transit Edmonds Station relates
to the Edmonds Crossing project.
Development Agreement
F. The Growth Management Act (RCW 36.70A) requires the City to plan for and
encourage regional high capacity transportation facilities such as Project (RCW
36.70A.020) and to accommodate within the City such essential public facilities
(RCW 36.70A.200). Likewise, the Growth Management Act grants authority to
the City to impose reasonable permitting and mitigation conditions on the
Edmonds Station Project.
G. The City's Architectural Design Board completed its review and found that the
Project is generally consistent with the City's Comprehensive Plan, other
adopted policies, and applicable City regulations and recommended approval
subject to certain conditions as shown in the plans approved by the City's
Architectural Design Board on April 17, 2002 and presented to the City Council
on April 30, 2002, incorporated by reference herein.
H. The City and Sound Transit wish to enter into a development agreement for the
Project, as authorized pursuant to RCW 36.70B.170-.210, to establish
development standards, mitigate and vest the Project.
I. Sound Transit and the Federal Transit Administration ("FTA") issued the Everett
to Seattle Commuter Rail Project NEPA/SEPA Final Environmental Impact
Statement ("EIS") in December 1999. The FTA issued a Record of Decision
("ROD") for the project on February 4, 2000. The EIS evaluated impacts and
mitigation for station and railroad improvements, including the construction of a
new commuter rail station in Edmonds. Sound Transit issued a SEPA Addendum
to the 1999 EIS in September 2008 which covered the impacts of providing
temporary replacement parking during construction of the Edmonds Commuter
Rail Station project.
J. Pursuant to RCW 36.70B.200, the City held a properly noticed public hearing
regarding the Project and this Agreement.
K Both parties recognize the construction of the second (west) platform and the final
configuration of the station platforms depicted in the April 30, 2002 plans
referenced in Recital G is dependent on BNSF construction of the second track to
the east of the existing single track.
NOW THEREFORE, in consideration of mutual promises and covenants herein the Parties
agree to the terms and conditions as follows:
1.0 COOPERATION AND GOOD -FAITH EFFORTS
1.1 The Parties understand and agree that the process described in this Agreement
depends upon timely and open communication and cooperation between the Parties. In
this regard, communication of issues, changes, or problems that arise with any aspect of
the actions to be taken hereunder should occur as early as possible in the process, and not
Development Agreement 2
wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in
good faith toward resolution of any such issues.
1.2 The Parties acknowledge that this Agreement may contemplate the execution and
delivery of a number of future documents, instruments and permits, the final form and
contents of which are not presently determined. The Parties agree to provide the
necessary resources and to work in good faith to develop the final form and contents of
such documents, instruments and permits, and to promptly execute and deliver the same.
2.0 EDMONDS STATION PROJECT LOCATION AND ELEMENTS
2.1 The Project is located between Main and Dayton Streets on both sides of the
BNSF Railway tracks. The project includes:
• two (2) rail platforms (shared with Amtrak);
• eight (8) weather protection rail passenger shelters;
• a ticket vending machine shelter;
• bicycle locker(s) and bicycle rack(s);
• parking;
• landscaping;
• lighting;
• informational signage;
• railing and fencing incorporating artistic elements;
• Community Transit station located between James and Main Streets
(includes bus platform, two or three weather protection shelters,
landscaping, lighting, signage, etc.); and
• Other associated elements as shown in Exhibit A Project Plan.
2.2 The Parties acknowledge that the Project is to be located as shown on Exhibit A,
attached and incorporated herein. The City acknowledges that any future
disposition or conveyance of Project real property owned by Sound Transit shall
be Sound Transit's sole determination and must comply with applicable laws and
regulations.
2.3 Sound Transit and the City shall meet annually to discuss the status of the
Edmonds Crossing Project as it relates to design, funding, feasibility and potential
construction schedule. Sound Transit and the City will also continue to work with
the Washington State Department of Transportation ("WSDOT"), including
Washington State Ferries ("WSF"), on efforts to implement the Edmonds
Crossing Project to determine what amenities of the Edmonds Station Project, if
any, can or should be incorporated into Edmonds Crossing Project. If the
Edmonds Crossing Project is deemed feasible within ten (10) years of execution
of this Agreement, Sound Transit agrees to contribute funding for the Edmonds
Development Agreement 3
Crossing Project as contemplated in the Sound Transit 2 Regional Transit System
Plan approved by the voters on November 4, 2008.
2.4 Ultimately, both Parties desire a well functioning, attractively designed Edmonds
Station Project that compliments the overall Sound Transit system and encourages
local development that supports regional transit. As such, Sound Transit and the
City will meet annually to discuss the need for additional improvements to the
Edmonds Station Project regardless of whether it is defined as a permanent station
or the Edmonds Crossing Project moves forward to the point of constructability.
2.5. Sound Transit and the City recognize that the Edmonds Crossing Project, as
defined within the SR104 Edmonds Crossing Final Environmental Impact
Statement Record of Decision issued in 2005, faces financial hurdles due to the
long-term financial situation facing Washington State, Washington State
Department of Transportation, and Washington State Ferries. As such, Sound
Transit and the City recognize that Washington State Ferries may be examining
minimum -build Edmonds Crossing alternatives, some of which could incorporate,
or be combined with, Sound Transit Commuter Rail operations.
3.0 SEPA COMPLIANCE
3.1 Sound Transit is the "lead agency" for purposes of compliance with the State
Environmental Policy Act, RCW 43.21 C ("SEPA"). The City agrees that the
Project has been subject to full and complete procedural and substantive SEPA
review through Sound Transit's preparation and issuance of the following
environmental documents, which taken together comprise the "Edmonds Station
Project Environmental Documents," incorporated herein by reference: Everett to
Seattle NEPA/SEPA Final Environmental Impact Statement (FTA and Sound
Transit, December 1999); NEPA Record of Decision (FTA, February 4, 2000);
and SEPA Addendum: Edmonds Station Temporary Replacement Parking During
Construction (September 2008).
3.2 The Parties agree that pursuant to Washington Administrative Code ("WAC")
197-11-600, the Project Environmental Documents, as they exist on the effective
date of this Agreement, will be used by the City, unchanged, for its review and
decisions on permit applications, unless (i) the applicant makes changes to the
Project that are likely to have significant adverse environmental impacts not
previously analyzed and/or (ii) new information is discovered regarding the
Project that indicates a probable significant adverse impact not previously
analyzed.
3.3 The Parties agree that the improvements shown in Exhibit A, Site Project Plan,
described in this Agreement shall constitute the full and complete exercise of the
City's substantive SEPA authority, as well as its authority to mitigate the Project
under any existing provision of local, state or federal law. The City has carefully
considered the environmental impacts associated with the Project and the
mitigation measures contained in the Edmonds Station Project Environmental
Development Agreement 4
Documents. Pursuant to the authority granted in RCW 43.21 C.060 and the
Edmonds Community Development Code ("ECDC"), the Parties agree that the
mitigation measures included as part of the Project are necessary to mitigate
specific adverse environmental impacts and are deemed sufficient to mitigate such
impacts, are reasonable, and are capable of being accomplished.
4.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS
4.1 The Parties agree that the Project is a regional transportation facility that has the
status of an essential public facility ("EPF") and that the requirements of RCW
36.70A.200 are applicable. Under RCW 36.70A, the City may not utilize
development regulations to render impracticable Sound Transit's decisions on
siting and location of the Project; however, the City may impose reasonable
permit and mitigation conditions on the Project.
5.0 DEVELOPMENT STANDARDS
5.1 The property subject to this Agreement is currently zoned Community Business
(BC) as defined at ECDC 16.50. The proposed Project shall be allowed as a
permitted use within the BC zone as provided in ECDC 16.50.010(A)(11). Any
development approvals or permits issued for development within the Project shall
be consistent with the provisions of this Agreement. Except as provided in this
Agreement, the Project shall be governed by the City's development regulations
or standards as such regulations or standards existed on the effective date of this
Agreement, or as regulations and standards may be determined applicable or
inapplicable because of the non -preclusive requirements for essential public
facilities provided in RCW 36.70A.200. This Agreement is entered into pursuant
to RCW 36.70B.170 and shall vest the Project for period of five (5) years from
the effective date of this Agreement. As provided in RCW 36.70B.170(4), the
City shall reserve its authority to adopt new or different regulations to the extent
required by a serious threat to public health and safety, after notice and an
opportunity to be heard has been provided to Sound Transit, and such regulations
shall apply to the Project. The City regulations or standards contained in the
ECDC shall prevail unless expressly superseded by the terms of this Agreement.
5.2 Pursuant to RCW 36.70B.170 and after public hearing, the City Council
determined that the Project is generally consistent with the Comprehensive Plan
and development regulations. So long as the Project is developed consistent with
appropriate City permit approvals and this Agreement, the public health, interest,
and welfare are adequately protected within the bounds of the law.
5.3 In addition to this Agreement, additional permits and approvals will be required
by the City, including but not limited to: right-of-way, drainage, signage,
demolition, electrical permits, and administrative design review for the Amtrak
building. Subsequent to execution of this Agreement, the City agrees that it shall
issue the permits and approvals necessary to complete the Project consistent with
Development Agreement 5
this Agreement and any other applicable laws and regulations within the City's
jurisdiction. The City shall exercise due diligence to review and issue decisions
on subsequent permits and approvals in an efficient and expedited manner.
6.0 CONDITIONS AND MITIGATION MEASURES
6.1 The Parties agree that the mitigation measures described in the Federal Transit
Administration Amended Record of Decision, dated February 4, 2000,
incorporated by reference herein, are reasonable as part of the Project approvals
and such mitigation shall be incorporated into the Project in full satisfaction of all
development standards, except for those standards applicable to the building
permits and other necessary administrative permits, and in full satisfaction of
SEPA.
7.0 MINOR REVISIONS
7.1 The Community Services Director is authorized to approve minor revisions to the
Project that are necessary and generally consistent with this Agreement. Such
minor revisions shall include: (a) any revisions within the scope and intent of the
original Project approvals, and/or (b) any revisions within the scope of the Project
Environmental Documents.
8.0 INDEMNITY AND HOLD HARMLESS
8.1 To the extent permitted by law, each of the Parties to this Agreement shall protect,
defend, indemnify, and save harmless the other Party, its officers, officials,
employees, and agents, while acting within the scope of their employment, from
any and all costs, claims, demands, judgments, damages or liability of any kind
including injuries to persons or damages to property, which arise out of, or in any
way result from, or are connected to, or are due to any negligent acts or omissions
of the indemnifying Party. No Party will be required to indemnify, defend, or
save harmless the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the Party seeking indemnification.
Where such claims, suits, or actions result from concurrent negligence of the
Parties, the indemnity provisions provided herein shall be valid and enforceable
only to the extent of the Party's own negligence. Each of the Parties agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause
of action brought by, or on behalf of, any of its employees or agents. For this
purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to
the other Party only, any immunity that would otherwise be available against such
claims under the industrial insurance provisions of Title 51 RCW. In the event of
any claims, demands, actions and lawsuits, the indemnifying Party upon prompt
notice from the other Party shall assume all costs of defense thereof, including
legal fees incurred by the other parties, and of all resulting judgments that may be
obtained against the other Party. In the event that any Party incurs attorney fees,
costs or other legal expenses to enforce the provisions of this section, all such
Development Agreement
fees, costs and expenses shall be recoverable by the prevailing Party. This
indemnification section shall survive the termination of this Agreement.
8.2 Section 8.1 notwithstanding, Sound Transit expressly assumes all costs
associated with the defense of this Development Agreement in any judicial or
administrative appeal, including but not limited to a Land Use Petition Act
appeal or an appeal to the Growth Management Hearings Board. The City
shall provide testimony and assistance in such process, but Sound Transit
agrees to indemnify and hold harmless the City from any reasonable legal cost
associated therewith.
9.0 TERM; TERMINATION
9.1 This Agreement shall be effective as of the date the last Party signs and, unless
sooner terminated pursuant to the terms hereof, shall remain in effect for a
period of ten (10) years or for so long as the site continues to be used for
railroad use, whichever is shorter; provided, however, that the provisions of
Sections 8.1 and 8.2 shall survive termination and remain in full force and
effect for so long as Sound Transit operates the Edmonds Station Project.
9.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute
and deliver to the City all documentation necessary to evidence termination of
this Agreement or portion thereof so terminated. No such termination,
however, shall relieve the Parties hereto of obligations accrued and unsatisfied
at such termination.
10.0 COVENANTS AND WARRANTIES
10.1 By execution of this Agreement, the City warrants the following:
(a) That the City has the full right and authority to enter into and perform
this Agreement and any permits that may be granted in accordance with
the terms hereof, and that by entering into or performing this Agreement
the City is not in violation of its charter or by-laws, or any law,
regulation or agreement by which it is bound, to which it is bound, or to
which it is subject; and
(b) That the execution, delivery and performance of this Agreement by the
City has been duly authorized by all requisite corporate action, that the
signatories for the City hereto are authorized to sign this Agreement, and
that, upon approval by the City, the joinder or consent of any other
party, including a court or trustee or referee, is not necessary to make
valid and effective the execution, delivery and performance of this
Agreement.
10.2 By execution of this Agreement, Sound Transit warrants the following:
Development Agreement 7
(a) That Sound Transit has full right and authority to enter into and perform
this Agreement in accordance with the terms hereof, and by entering into
or performing under this Agreement, Sound Transit is not in violation of
any of its agency governance rules, or any law, regulation or agreement
by which it is bound or to which it is subject; and
(b) That the execution, delivery and performance of this Agreement by
Sound Transit has been duly authorized by all requisite Board action,
that the signatories for Sound Transit hereto are authorized to sign this
Agreement, and that the joinder or consent of any other party, including
a court, trustee, or referee, is not necessary to make valid and effective
the execution, delivery and performance of this Agreement.
11.0 ASSIGNABILITY; BENEFICIARY; SUBORDINATION AGREEMENT
11.1 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors or assignees. No assignment hereof or
sublease shall be valid for any purpose without the prior written consent of the
other party, and any attempt by one party to assign or license the rights or
obligations hereunder without prior written consent will give the other party the
right, at its written election, immediately to terminate this Agreement or take
any other lesser action with respect thereto. The above requirement for consent
shall not apply to (i) any disposition of all or substantially all of the assets of a
party, (ii) any governmental entity merger, consolidation, or reorganization,
whether voluntary or involuntary, (iii) a sublease or assignment of this
Agreement, in whole or in part, to a governmental entity, or (iv) a sale, lease, or
other conveyance subject to those requirements set forth in this Agreement;
provided, however, that no sublease or assignment under (ii) or (iii) shall be
permitted to a governmental entity not operating, constructing or maintaining
the Edmonds Station Project on behalf of Sound Transit, and provided further
that no unconsented assignment shall relieve Sound Transit of its obligations
and liabilities under this Agreement.
11.2 Neither this Agreement nor any term or provision hereof, or any inclusion by
reference, shall be construed as being for the benefit of any party not a signatory
hereto.
11.3 In order to meet Federal Transit Administration ("FTA") continuing control
requirements, it is anticipated that Sound Transit, the City and BNSF will in the
future enter into a subordination agreement that will be separate and apart from
this Agreement. Approval of the subordination agreement by Sound Transit and
the City shall not be unreasonably withheld.
12.0 DESIGNATED REPRESENTATIVES
Development Agreement 8
12.1 To promote effective intergovernmental cooperation and efficiencies, the Parties
each designate a representative ("Designated Representative") who shall be
responsible for the coordination of communications between the Parties and shall
act as the point of contact for each party. The Designated Representatives shall
be responsible for the performance of the objectives of this Agreement.
12.2 Each Designated Representative is also responsible for coordinating the input and
work of its agency, consultants, and staff as it relates to the objectives of this
Agreement. The Parties reserve the right to change Designated Representatives,
by written notice to the other party during the term of this Agreement. Each
party's Designated Representative is named below with the individual's contact
information.
Sound Transit Jim Edwards,
Director Capital Projects
Sound Transit
401 South Jackson
Seattle, Washington 98104-2826
206-398-5436
City of Edmonds Stephen Clifton or Mayoral designee
City of Edmonds
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0251
13.0 DEFAULT
13.1 No Party shall be in default under this Agreement unless it has failed to perform
under this Agreement for a period of thirty (30) calendar days after written notice
of default from any other Party. Each notice of default shall specify the nature of
the alleged default and the manner in which the default may be cured
satisfactorily. If the nature of the alleged default is such that it cannot be
reasonably cured within the thirty (30) day period, then commencement of the
cure within such time period and the diligent prosecution to completion of the
cure shall be deemed a cure. Any Party not in default under this Agreement shall
have all rights and remedies provided by law including without limitation
damages, specific performance, or writs to compel performance or require action
consistent with this Agreement. The prevailing party, or the substantially
prevailing party if no one party prevails entirely, shall be entitled to reasonable
attorney fees and costs.
14.0 NOTICE
Development Agreement 9
14.1 Unless otherwise provided herein, all notices and communications concerning this
Agreement shall be in writing and addressed as follows. Notice by hand delivery
or facsimile shall be effective upon receipt. If deposited in the mail, notice shall
be deemed delivered 48 hours after deposited. Any party, at any time by written
notice to the other party, may designate a different address or person to which
such notice or communication shall be given.
If to the City: City of Edmonds
121 - 5th Avenue North
Edmonds, WA 98020
(425) 771-0251
Attn: Stephen Clifton or Mayoral designee
If to Sound Transit: Central Puget Sound Regional Transit Authority
Union Station
401 S. Jackson St.
Seattle, WA 98104-2826
Attn: Chief Executive Officer or CEO designee
14.2 Unless otherwise provided herein, notices shall be sent by registered or certified
U.S. Mail, or other verifiable physical or electronic transmission, and shall be
deemed served or delivered to addressee, upon the date of actual receipt, return
receipt acknowledgment; provided, however, that upon receipt of a returned
notice marked "unclaimed," the sending party shall make a reasonable effort to
contact and notify the other party by telephone.
15.0 GENERAL PROVISIONS
15.1 The Parties -shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The Parties agree to take further action
and execute further documents, either jointly or within their respective powers
and authority, to implement the intent of this Agreement. The City and Sound
Transit agree to work cooperatively with each other to achieve the mutually
agreeable goals as set forth in this Agreement.
15.2 This Agreement shall be interpreted, construed, and enforced in accordance with
the laws of the State of Washington. Venue for any action under this Agreement
shall be Snohomish County, Washington.
15.3 This Agreement shall be binding upon and inure to the benefit of the successors
and assigns of the City and Sound Transit.
15.4 A Memorandum of this Agreement shall be recorded in accordance with RCW
36.7013.200 at Sound Transit's sole cost and expense.
Development Agreement 10
15.5 Time is of the essence in every provision of this Agreement. Unless otherwise set
forth in this Agreement, the reference to "days" shall mean calendar days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be
extended automatically to the next business day.
15.6 This Agreement is made and entered into for the sole protection and benefit of the
Parties hereto and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
15.7 This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the Party drafting
the document shall apply to the interpretation or enforcement of this Agreement.
The Parties intend this Agreement to be interpreted to the fall extent authorized
by applicable law including the requirements of RCW 36.76A.200.
15.8 Each Party shall be responsible for its own costs, including legal fees, incurred
in negotiating or finalizing this Agreement, unless otherwise agreed in writing
by the Parties.
15.9 The Parties shall not be deemed in default with provisions of this Agreement
where performance was rendered impossible by war or riots, civil disturbances,
floods or other natural catastrophes beyond its control; the unforeseeable
unavailability of labor or materials; or labor stoppages or slow downs, or power
outages exceeding back-up power supplies. This Agreement shall not be
revoked or a party penalized for such noncompliance, provided that such party
takes immediate and diligent steps to return to compliance and to comply as
soon as practicable under the circumstances without unduly endangering the
health, safety, and integrity of both parties' employees or property, or the
health, safety, and integrity of the public, Public Right -of -Way, public property,
or private property.
15.10 This Agreement maybe amended only by a written instrument executed by each
of the Parties hereto. No failure to exercise and no delay in exercising, on the
part of any Party hereto, any rights, power or privilege hereunder shall operate
as a waiver hereof, except as expressly provided herein.
15.11 This Agreement constitutes the entire agreement of the Parties with respect to
the subject matters hereof, and supersedes any and all prior negotiations, oral
and written, understandings and agreements with respect hereto.
15.12 Section headings are intended as information only, and shall not be construed
with the substance of the section they caption.
15.13 In construction of this Agreement, words used in the singular shall include the
plural and the plural the singular, and "or" is used in the inclusive sense, in all
cases where such meanings would be appropriate.
Development Agreement 11
15.14 This Agreement may be executed in several counterparts, each of which shall be
deemed an original, and all counterparts together shall constitute but one and the
same instrument.
16.0 SEVERABILITY
16.1 In case any term of this Agreement shall be held invalid, illegal or
unenforceable in whole or in part, neither the validity of the remaining part of
such term nor the validity of the remaining terms of this Agreement shall in any
way be affected thereby.
IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement by
having its authorized representative affix his/her name in the appropriate space below:
CENTRAL PUGET REGIONAL TRANSIT
AUTHORITY (SOUND TRANSIT)
B Y ex
Joan M. Eark Ch%ie Executive bfficer
Date: 1 fD
Approved as to form:
By:
_ JZ�- —
St n . Shee
Legal Counsel.
Development Agreement 12
THE CITY OF EDMONDS
By:
G ry enson, Mayor
Date: 41 �� ❑ Q
Authorized on O®ZDS-1-201D
Approved asto 1
By: U)
W. Scott Snyder
Edmonds City Attorney
wwwoll*
EXHIBIT A
Project Plan
A, ,
y.