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2009/12/23 Council Agenda Packet
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2009/12/23 Council Agenda Packet
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Council Agenda Packet
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12/23/2009
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J <br /> AGREEMENT <br /> For good and valuable consideration,the receipt and sufficiency of which is <br /> acknowledged, the parties agree as follows: <br /> 1. Community Transit Work and Reimbursement. <br /> a. Community Transit Work. Community Transit shall acquire all <br /> real property, relocate all utilities, complete all design work,purchase all materials, <br /> perform all site work, administer all construction contracts, and take all other normal <br /> actions necessary to complete the development and construction of the WSDOT Stations <br /> (the"Community Transit Work"). <br /> b. Reimbursement for Community Transit Work. <br /> (i) Everett Transit Contribution. Everett Transit shall <br /> reimburse Community Transit for all costs incurred by Community Transit for <br /> Community Transit Work,up to a maximum total amount of two million sixty-two <br /> thousand dollars ($2,062,000) (this maximum amount,the"Everett Transit <br /> Contribution"). The Everett Transit Contribution may be reduced in accordance with <br /> Section 5(e) of this Agreement. <br /> (ii) Excess Costs. If the costs incurred by Community Transit <br /> for Community Transit Work exceed the Everett Transit Contribution, then Community <br /> Transit shall pay those excess costs without reimbursement, except that Everett Transit <br /> shall reimburse Community Transit for fifty percent(50%) of the first one hundred <br /> thousand ($100,000) of costs in excess of the Everett Transit Contribution. <br /> c. Reimbursement Procedure. Community Transit shall provide <br /> invoices to Everett Transit on a monthly basis for reimbursement for costs incurred by <br /> Community Transit for Community Transit Work. Upon the reasonable request of <br /> Everett Transit, Community Transit shall provide Everett Transit back-up documentation <br /> evidencing the costs contained in the invoices. <br /> d. Exclusive Mechanism. Everett Transit is not obligated to <br /> reimburse Community Transit for costs incurred by Community Transit for Community <br /> Transit Work except as provided in this Agreement. Reimbursements under this <br /> Agreement by the City to Community Transit for costs incurred by Community Transit <br /> for Community Transit Work are not capital contributions under Section 10 of the 2007 <br /> Interlocal Agreement. <br /> 2. Real Property Acquisition. <br /> a. Real Property Deadline. Community Transit shall use reasonable <br /> efforts to acquire all real property necessary for the WSDOT Stations no later than <br /> 127 <br />
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