Sound Transit & Comm. Transit ROW - Edmonds StationINTERLOCAL AGREEMENT
SOUND TRANSIT, CITY OF EDMONDS
AND
COMMUNITY TRANSIT
THIS AGREEMENT is made and entered into by and between the undersigned parties
pursuant to the provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW.
WHEREAS, the City of Edmonds, Washington (hereinafter "City") and the Central
Puget Sound Regional Transit Authority (hereinafter "Sound Transit") entered into an Interlocal
Agreement last dated February 9, 2010 under which the City authorized Sound Transit the
nonexclusive use of certain right-of-way described therein, and
WHEREAS, the City and Sound Transit contemporaneously entered into a Development
Agreement authorized pursuant to the provisions of the Edmonds Community Development
Code and RCW 36.70B.170(210) last dated on February 9, 2010 regarding development of a
tract described therein as the Edmonds Station Project, and
WHEREAS, Sound Transit has applied to the City of Edmonds for permission pursuant
to paragraphs 10.1 of the Interlocal Agreement and 11.1 of the Development Agreement to
assign its rights to the use of City right-of-way of Railroad Street described therein and generally
located on the Edmonds waterfront and to assign ownership, operation and maintenance
responsibilities of the transit center elements of the- Edmonds Station Project to Community
Transit, and
WHEREAS, the City Council of the City of Edmonds finds it in the public interest to
permit such assignment if, but only if, all duties and obligations of such agreement are assumed
by Community Transit and guaranteed by Sound Transit,
NOW, THEREFORE,
In consideration of the mutual promises and covenants contained herein, it is agreed that:
1. Assignment Approved. Pursuant to Section 10.1 of an Interlocal Agreement
between the City and Sound Transit last dated February 9, 2010, and a Development Agreement
between the City and Sound Transit last dated February 9, 2010, the City hereby consents to the
assignment of certain rights, duties and obligations, described in paragraph 2 below, contained in
the aforementioned Interlocal Agreement and Development Agreement, subject to the guarantee
of such obligations by Sound Transit as provided herein.
2. Assumption of Obligations, Duties and Rights. Community Transit hereby
assumes those rights, duties and obligations contained in the aforementioned Interlocal .
Agreement and Development Agreement, promising to abide by all terms and conditions set
forth therein, regarding solely to the use of Railroad Street and ownership, operation and
maintenance of the following transit center elements of Edmonds Station Project that are located
in Railroad Street:
a. Bus platform,
b. Two weather protected bus shelters,
c. One bus layover area,
d. Lighting,
e. Landscaping,
f. Informational signage,
g. Flower baskets, and
h. Other associated elements to the transit center as shown on Exhibit A. attached and
incorporated herein.
3. Guarantee. Sound Transit agrees to be responsible, thereby guaranteeing
Community Transit's obligations, to ultimately perform all rights, duties and obligations
contained in the aforementioned Interlocal Agreement and Development Agreement. Nothing
herein shall be interpreted to prohibit Sound Transit from requiring Community Transit to fulfill
its obligations. Prior to triggering any obligation, the City shall provide written notice to
Community transit regarding any violation of either agreement and a reasonable amount of time
not less than thirty (30) days, following written notification for Community Transit to cure any
deficiency or violation.
4. Underlying Agreements, Not Amended. Nothing herein shall be interpreted to
amend or limit the underlying Agreements between the parties, contained in the aforementioned
Interlocal Agreement and Development Agreement. All terms, rights, duties and obligations
contained therein shall remain in full force and effect, subject only to the assignment of such
rights, duties and obligations as set forth herein.
5. Terms Required Pursuant to RCW 39.34.030 and 39.34.040. In order to comply
with the requirements of the Interlocal Cooperation Act, the terms and conditions of the ILA
between Sound Transit and the City of Edmonds, last dated February 9, 2010, are hereby
incorporated by reference, including by way of illustration and not limitation the provisions
contained in Section 8 of the ILA.
6. Counterparts. 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.
7. Effective Date. This Agreement shall be effective when listed by subject on the
City of Edmonds' website, or Community Transit's website or any other electronically
retrievable public source, whichever shall first occur.
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:
DATED: 4 ' 1 — t (
CENTRAL PUGET SOUND REGIONAL
TRAN T,AUTHORITY (SOUND TRANSIT)
By:
t M. Earl, C of Executive Officer
APPROVED AS TO FORM:
By: "
Ste n 6. Sheep , egal Counsel
DATED: ci'� ! CITY OF EDMONFY
Mayor M-iehael Cooper
Vl'1 i ke
ATTEST/AUTHENTICATED:
By: &-
Sandra S. Chase, City Clerk
APPROVE A OR
By: �
W. Scott Snyder, City Atro n
DATED:
�. • 0 - V.
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COMMUNITY TRANSIT
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