2006/05/31 Council Agenda Packet

7 2.3.2 Dave Davis is designated as City's Information Representative. Section 15 General Provisions. 15.1 Contact Persons. For purposes of any communications concerning the administration and performance of this Agreement, unless expressly provided otherwise, each party has designated the following person as their"Contact Person": 15.1.1 Walter Smith (tel. (206) 625-6335, fax (206) 625-6356, e-mail Walter.Smithl@BNSF.com) is designated as BNSF's Contact Person for construction and engineering issues. 15.1.2 David P. Schneider (tel (817) 352-6469, fax (817) 352-7115, e-mail David.Schneider@bnsf.com ) is designated as BNSF's Contact Person for real estate matters. 15.1.3 Dave Davis (tel. 425-257-8913, fax 425-257-8857, e-mail Ddavis@ci.everett.wa.us) is designated as City's Contact Person. 15.2 Delta Yard. City is aware of BNSF's intent to expand the Delta Yard in northeast Everett. City agrees to reasonably cooperate with the BNSF, at no cost or expense to City, in the BNSF's efforts to expand the Delta Yard. City will not object to or otherwise oppose BNSF's efforts or the efforts of BNSF's successors and assigns to permit, construct and operate the expansion of the Delta Yard so long as any such permit, construction and operation is in accordance with applicable federal, state and local law. 15.3 Federal and State Contracts. A large portion of the funding for the Replacement Costs, as provided in Section 10 above, is the result of the City's Contract with the Federal Highway Administration (FHWA) for City of Everett Railroad Project TCSP-TCSP (011) ("FHWA Contract") and the Washington State Department of Transportation Office of Freight Strategy and Policy ("WASHDOT Contract") . The City believes that this Agreement is fully consistent with the FHWA Contract and the WASHDOT Contract, and it shall be the City's responsibility to ensure that this Agreement is administered in accordance with such contracts. 15.4 Riverfront Development. BNSF is aware of the City's intent to develop the riverfront property owned by the City that is adjacent to and east of BNSF's existing and proposed Replacement Facilities between Lenora and Pacific Avenue. BNSF agrees to reasonably cooperate with the City, at no cost or expense to BNSF, in the City's efforts to develop and permit the development of the riverfront property. BNSF will not object to or otherwise oppose the City's efforts or the efforts of the City's successors and assigns to permit, construct and operate the development of the riverfront property so long as any such permit, construction and operation is in accordance with applicable federal, state and local law. Exchange Agreement -24- 51 DRAFT 5/23/06