11-058 - BNSF / City of Renton - Strander Boulevard Extension Phase II (Assignment Agreement)

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11 -058 Council Approval 3/7/11 CAG -11 -037 ASSIGNMENT AGREEMENT BETWEEN THE CITY OF TUKWILA, THE CITY OF RENTON, AND BNSF BNSF RAILROAD BRIDGE CONSTRUCTION AND MAINTENANCE THIS ASSIGNMENT AGREEMENT "Agreement is made and entered into by and between the City of Tukwila, a Washington municipal corporation "Tukwila" or "Assignor"), and the City of Renton, a Washington municipal corporation "Renton" or "Assignee in consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, witnesseth: WHEREAS, the Renton is the Project Sponsor for the proposed Strander Blvd/SW 27` St. Extension Project "Project and WHEREAS, Tukwila and Renton have been collaborating and cooperating on the design and construction of the Project; and WHEREAS, the Project necessitates that a new railroad crossing at separated grades be constructed "Strander Boulevard Underpass and WHEREAS, the proposed Strander Boulevard Underpass will be located wholly within Tukwila city limits; and WHEREAS, Renton, as the Project Sponsor, requires, in order to maintain certain grant funding for construction of the Project, that there be in place an agreement between the BNSF Railway Company "BNSF") and Tukwila for the construction and maintenance of the Strander Boulevard Underpass "Underpass Agreement and WHEREAS, Tukwila is not a participant in, and does not benefits from, the design and construction of the Strander Boulevard Underpass; however, because and since the Strander Boulevard Underpass is within the Tukwila city limits, Tukwila executed the Underpass Agreement with BNSF, attached hereto as Exhibit A; and WHEREAS, because Tukwila is not a participant in the design and construction of the Strander Boulevard Underpass, Tukwila wishes to assign all of its rights and responsibilities under the Underpass Agreement to Renton and Renton, as the Project Sponsor, agrees to accept assignment of the Underpass Agreement from Tukwila; NOW THEREFORE, in consideration of the terms and conditions set forth within the Underpass Agreementherein, it is agreed to by and between Tukwila and. Renton as follows: