HomeMy WebLinkAbout11-058 - BNSF / City of Renton - Strander Boulevard Extension Phase II (Assignment Agreement) 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:
1. Tukwila and Renton hereby agree that Tukwila shall assign all its right, title, and interest,
and delegate all its obligations responsibilities and duties, in and to the Underpass
Agreement, to Renton.
2. Renton hereby accepts the assignment of all of Tukwila's obligations responsibilities and
duties under the Underpass Agreement and all of T ukwila's right, title and interest in and
to the Underpass Agreement.
3. As of the date of execution of this Agreement, Tukwila shall have no further rights,
obligations, and liabilities of any kind whatsoever under the Underpass Agreement, and
the Underpass Agreement, including the terms, conditions, covenants, agreements and
exhibits contained therein, shall be binding only on Renton and BNSF.
4. Renton agrees to indemnify Tukwila from any and all claims, actions, judgments,
liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of
defense and damages, resulting from Renton's performance on or after the date of
execution of this Agreement.
5. Pursuant to the foregoing terms and conditions, BNSF hereby grants its consent to the
Assignment and represents and warrants that it shall not raise any claim against Tukwila
in connection with the breach, default, or non performance of the Underpass Agreement
by Renton on or after the date of execution of this Agreement.
6. This Agreement contains the entire understanding among the Parties hereto with respect
to the matters covered herein and the assignment of the BNSF agreement to Renton
from Tukwila. supersedes and cancels and prior understanding with respect to the matters
covered herein.
7. No changes, alterations, or modifications to this Agreement shall be effective unless made
in writing and signed by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed.
CITY OF TUKWILA CITY OF RENTON
/RA V �Jt� J&J
Jim erton, Ma�� Denis Law, Mayor
Dat 3-aa Dated
l
Attest/Authenticated: Attest/Authenticated:
ASSIGNMENT AGREEMENT Tukwila and Renton
Strander Blvd /SW 27' St BNSF
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Tukwila City Clerk JaIon A. Seth, Deputy City Clerk
Approved as to Form: Approved as to Form:
Tuk it it At rney Renton City Attorney
Agreed and Accepted by:
BNSF RAILWAY COMPANY
By:
Name: 1(44417 W l
Title:
ASSIGNMENT AGREEMENT Tukwila and Renton
Strander Blvd /SW 27' St BNSF
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