2003/04/09 Council Agenda Packet

7. PUBLIC AND COMMUNITY INVOLVEMENT The Parties shall work cooperatively to develop and implement a public involvement process for the development and design of the Project. Sound Transit will be responsible for organizing meetings and developing materials to be used and will be responsible for the distribution and organization of materials and activities related to the Project. The Parties agree to assist in the public involvement process, including materials development and community meetings, as requested by the Project Management Team. Utility Relocation. The Parties shall work together to identify at an early stage the private utilities that will be relocated as a result of the public facilities that will be designed under this Agreement. The City agrees to exercise its authority under the law and its rights under any applicable franchises,permits, or agreements to order the private utilities to relocate these facilities ion of same to allow the construction of the North Everett Transit Center. As may be necessary and at Sound Transit's request, the City shall direct the owners of such utilities to relocate their facilities in accordance with the law and any franchise agreements or permits. To the extent permissible under law, the City shall exercise its power through franchise agreements and through other legislative authority to cause the private utilities fund any such relocation as may be required to build the Project, including but not limited to the construction of replacement parking. The City shall use its best efforts and powers to obtain the necessary utility relocations in a timely manner to avoid any conflicts with Sound Transit construction and the imposition of additional construction costs to Sound Transit. This Agreement does not obligate the City to sue any owner of a utility. S. SCHEDULE OBJECTIVES The Parties acknowledge the importance of completing the Project within existing budget constraints to support Everett Transit and Community Transit service in the North Everett area. Accordingly, the Parties will establish and strive to maintain the agreed upon schedule objectives and target dates. 9. FUNDING AND PAYMENT 9.1 Funding The budget for this Project is intended to cover all costs associated with the Project including, but not limited to, environmental review,public involvement, design,permits, construction, mitigation, and administrative costs. The Parties agree to work to help ensure that the Project will be completed within the available total project budget, which has been established based on the amounts approved by Sound Transit's Board and the City's approved budget. Each Party 7