2011/04/20 Council Agenda Packet

19 This MEMORANDUM OF AGREEMENT (hereinafter the "Agreement"), is made and entered into this day of , 2011, by and between the Central Puget Sound Regional Transit Authority(hereinafter"Sound Transit") and the City of Everett (hereinafter the "City"), each of which is hereinafter referred to individually as a"Party" or collectively as "Parties". 1.0 RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Chapters 81.104 and 81.112 RCW and has all powers necessary to implement a high capacity transportation ("HCT") system; and WHEREAS, pursuant to Chapter 81.112.070 RCW and public vote, Sound Transit is authorized to perform regional public transportation functions; and WHEREAS, pursuant to RCW 81.104.070 Sound Transit may implement necessary contracts, including joint development agreements, and interlocal government agreements for the planning, design, construction, and operation of high capacity transportation system facilities within Sound Transit's boundaries, including commuter rail, light rail and ST Express bus services as set forth in Sound Move, the ten-year Regional Transit System plan approved by the voters; and WHEREAS, the City and Sound Transit entered into a Memorandum of Agreement for Inter- governmental Cooperation dated January 13, 1999 for the Everett to Seattle Commuter Rail project and two subsequent supplemental agreements; and WHEREAS, the City of Everett is a municipal corporation existing under the laws of the State of Washington and has all powers necessary to enter into this Agreement for the purposes stated herein; and WHEREAS, the City owns Everett Station which provides parking stalls, bus bays and platforms to support Sound Transit bus; and WHEREAS, Sound Transit owns the regional signage and information display hardware, the commuter rail platform, a commuter rail train operations building,a pedestrian bridge connecting two parking lots, one parking lot, and an elevator within the pedestrian bridge at Everett Station; and WHEREAS, the Good Neighbor Policy finalized on September 21, 2000 defined Everett Station as one of two major multi-modal stations included in the policy; and WHEREAS, Sound Transit buses began operations from the Everett Station Facility on February 3, 2002 and began operations in 2003; and NOW, THEREFORE, in consideration of the covenants, assurances and mutual promises herein the Parties agree as follows: Everett Station Operations & Maintenance AgCle' 6ent, January 2011 Page 1 of 13