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HomeMy WebLinkAboutAdden 1 ASr,v11110 CAG-07-069 Adden #1-07 / Matthew K.Rose Burlington Northern " i - Santa Fe Corporation P.O. Box 961052 Fort Worth,TX 76161-0052 2650 Lou Menk Drive Fort Worth,TX 76131-2830 tel 817.867-6100 fax 817.352.7330 matthew.roseCa?bnsf.com July 17, 2007 The Honorable Kathy Keolker Mayor City of Renton 1055 South Grady Way Renton,WA 98057 Dear Mayor Keolker: Pursuant to a letter agreement dated April 16,2007("Letter Agreement"),the city of Renton ("Renton")and BNSF Railway Company("BNSF")agreed to certain terms in an effort to address mutual concerns over the potential sale and redeployment of BNSF's right-of-way between Renton and Woodinville,Washington. This new letter agreement serves to amend the Letter Agreement that was executed on April 16, 2007. Section 1 of the Letter Agreement of April 16, 2007, shall be deleted in its entirety and replaced with the following new Section 1: 1. Overpass Reconstruction. Working with the city of Renton, BNSF intends to reconstruct the bridges over Rainier Avenue, Hardie Avenue and Shattuck Avenue in the second half of 2007. BNSF will manage the design and construction of these structures, and Renton will provide funding for the reconstruction as follows: (i) Renton will provide funding up to a total project expenditure level of $8,950,000.00. (ii) BNSF and Renton agree to split evenly any costs exceeding$8,950,000.00 associated with the Rainier Avenue,Hardie Avenue and Shattuck Avenue overpass reconstruction projects. (iii) If the cost to complete the reconstruction of the Cedar River Bridge in Renton exceeds$6,000,000.00,the amount in Section 1(i) and Section 1(ii) above shall be reduced by any amount over$6,000,000.00, subject to a maximum reduction of$1,100,000.00. (iv) Any cost savings from the Cedar River bridge project(the difference between WSDOT's budget of$10 million and the actual project cost) will be applied toward Renton's share of the reconstruction of the bridges at Rainier Avenue, Hardie Avenue and Shattuck Avenue. If the savings exceed$4 million,the excess amount above$4 million will be shared equally between BNSF and Renton up to their respective contribution to the three bridge projects. Nosy Subject to this new letter agreement, all other terms in the Letter Agreement of April 16, 2007, shall remain in full force and effect. If this amendment is acceptable to the city of Renton,please sign as designated below. As always, BNSF appreciates the support and assistance of the city of Renton as we move forward with the transformation of the Eastside Corridor. Sincerely, lAitier•444-412e.. -l8- D07 Date .� Matthew K. Rose Chairman, President and Chief Executive Officer BNSF Railway Company For the City of Renton: / er/ Date 7-/g- 02007 Kathy K-: er Mayor -7/141,w • 1 )ae Bowie I.Walla,My Clerk