12-013 - WA State Transportation Improvement Board - Andover Park West Improvement Grant

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12 -013 Council Approval 2/6/12 Washington State Transportation Improvement Board Y Fuel Tax Grant Distribution Agreement f LEAD AGENCY: TUKWILA PROJECT NUMBER: 9- P- 116(013) -1 PROJECT TITLE: Andover Park W i PROJECT TERMINI: Tukwila Pkwy to Strander Blvd 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIE and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supercedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 64 /G /v S TIB Form 190 -500 Page 1 of 3 Rev. 2/14/2003