2024/01/31 Council Agenda Packet

GA 0043-23 Everett-ST PAA 2 construction plans and secure property rights, permits, and approvals from the City and other entities for the construction of Sound Transit’s facilities. The intent of this Agreement is to establish a Task Order process for Sound Transit to reimburse the City for certain costs not covered by the City’s land use, permitting, or other fee schedules. It is anticipated that a separate agreement or amendments to this agreement may be needed and developed by the Parties for reimbursement of certain Project-related construction services and assistance. 1.2. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement as set forth in full herein. 2. Designated Representatives The City and Sound Transit have designated formal points of contact and coordination for this Agreement as identified in Exhibit A. Each designated representative is responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The Parties may change designated representatives by written notice to the other Party during the term of this Agreement. Task orders may designate other individuals and points of contact for each task order. 3. Essential Public Facilities The Parties agree that the Project is a regional transit authority that has the status of an essential public facility 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 design, siting or location of the Project; however, the City may impose reasonable permit conditions on the Project. 4. Environmental Review Sound Transit is the lead agency for compliance with the State Environmental Policy Act (SEPA). In coordination with the Partner Agencies and other agencies with jurisdiction, Sound Transit will complete the substantive and procedural environmental review for the Project in accordance with SEPA. The Partner Agencies, including all of their departments and divisions, will participate actively in the environmental review process to ensure that the scope of review, reasonable alternatives, environmental impacts and appropriate mitigation measures are identified and agreed to during the environmental review process. The goal is for Sound Transit and the Partner Agencies to work together to ensure there are no surprises later in the Project permitting process regarding environmental impacts or mitigation measures. The Federal Transit Administration is the lead agency for compliance with the National Environmental Policy Act (NEPA). The Partner Agencies commit to participate in the environmental review process as a Cooperating Agency under NEPA and as a Consulted Agency under SEPA. The Partner Agencies will contribute to the scope and analysis of