Washington County - Property Acquisition (Walnut/Tiedeman) INTERGOVERNMENTAL AGREEMENT BETWEEN
WASHINGTON COUNTY AND THE CITY OF TIGARD
FOR PROPERTY ACQUISITION AT INTERSECTION
OF WALNUT STREET AND TIEDEMAN AVENUE
This agreement is made and entered into by and between Washington County, a
political subdivision of the State of Oregon, acting by and through, its elected officials,
hereinafter referred to as County, and the City of Tigard, a municipal corporation of the
State of Oregon, acting by and through its elected officials, hereinafter referred -to as
City.
WITNESSETH
ARTICLE I - RECITALS
WHEREAS, ORS 190.010 authorizes agencies to enter into intergovernmental
agreements for the performance of any or all functions and activities that a party to the
Agreement has the authority to perform; and,
WHEREAS, County has road capital funds and may enter into cooperative agreements
With various cities situated within the boundaries of said County to accomplish certain
types of road.construction projects with the allocation of costs and terms and conditions
mutually agreed to by the parties; and,
WHEREAS, County has classified Walnut Street and Tiedeman Avenue as Major
Collectors and recognizes that with increasing traffic volumes the intersection of
Walnut Street and Tiedeman Avenue will need improvements; and,
WHEREAS, City has authorized acquisition of an 0.89 acre parcel of property for right
of way at the southwest comer of the intersection of Walnut Street and Tiedeman
Avenue for such future intersection improvements, as shown on the attached vicinity
map; and,
WHEREAS, County has authorized the payment of one-half of the cost for acquisition
of this property, including demolition of structures thereon; and,
WHEREAS, under the cited authority, it is the mutual desire of the County and the City
to enter into an agreement to cooperate in the acquisition of the property as described
above.
NOW, THEREFORE, in consideration of the premises and of the covenants and
agreements to be kept and performed by the parties hereto, it is agreed as follows.
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ARTICLE II - COUNTY OBLIGATIONS
1. County shall enter into and execute this Agreement during a duly authorized
session of its Board of County Commissioners.
2. County shall, upon execution of this Agreement, assign a liaison person to be.
responsible for coordination of the project with City.
3. County shall pay City for costs associated with the property acquisition as set forth
in Article IV - Compensation.
4. Upon completion of any road project using the subject property, determination by .
County that any portion of the property is surplus, and upon sale, County shall pay
City within thirty days of said sale one-half the net proceeds.
ARTICLE III - CITY OBLIGATIONS
1. City shall enter into and execute this Agreement during a duly authorized session of
its City Council.
2. City shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of the project with County.
3. City shall provide all appraisals, negotiations, title reports, and closing costs
required to acquire the property and to demolish the structures thereon.
4. City shall be responsible for acquisition of the property and, demolition of the
structures.
5. City shall submit an invoice to County for costs associated with the property
acquisition as set forth in Article IV- Compensation.
6. City shall turn over title of property to County within 30 days of receipt of County's
payment that is set forth in Article IV- Compensation.
7. City shall expend County funds provided under this Agreement for acquisition of the
above described property, for the purpose of a future road improvement project.
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ARTICLE IV - COMPENSATION
1. City shall, within 30 days after the execution of this Agreement or within 45 days
after acquisition of the property is completed, whichever is later, submit a detailed
invoice to County for costs associated with the acquisition of this property.
2. County shall, within 30 days after the execution of'this agreement and receipt of an
invoice from City, pay City the sum of $76,1'23:97, which represents one-half of the
actual cost associated with the acquisition of this property, including demolition of
structures thereon, the total cost being $152,247.93.
ARTICLE V - GENERAL PROVISIONS
1. Laws of.Oregon
The parties agree to abide by all applicable laws and regulations regarding the
handling and expenditure of public funds. This Agreement shall be governed by the
laws of the State of Oregon. All provisions required by ORS Chapter 279 to be
included in public contracts.are hereby incorporated by reference and made a part of
this Agreement as if fully set forth herein.
2. Default
Either party shall be deemed to be in default if it fails to comply with any provision of
this Agreement. City and County agree time is of the essence in the performance of
any of the obligations within this Agreement. Complaining party shall provide the other
party with written notice of default and allow thirty (30) days within which to cure the
defect. City shall be liable for all costs and damages arising from default by City.
3. Indemnification
This Agreement is for the benefit of the Parties only. Each party agrees to indemnify
and hold the other harmless, to include their respective officers, 'employees, agents and
representatives, from and against all claims, demands and causes of actions and suits
of any kind or nature for personal injury, death or damage to-property on account of or
rising out of services performed, the omission of services or in any way resulting from
the acts or omissions of the parties so indemnifying and/or its officers, employees,
agents, or representatives. Indemnification is subject to.and shall not exceed the limits
of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition,
each party shall be responsible for any contract claims, delay damages or similar items
caused by the action or inaction of the party.
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4. Documents are Public Property
All records, reports, data, documents, systems, and concepts, whether in the form of
writings, figures, graphs, or models which are prepared or developed in connection with
this project shall become public property.
5. Modification of Agreement
No waiver, consent, modification or change of terms of this contract shall bind either
party unless in writing, signed by both parties. Such waiver, consent, modification or
change, if made, shall be effective only in specific instances and for the specific
purpose given.
6. Dispute Resolution
The parties agree to use their best efforts to resolve any dispute arising out of this
Agreement by mediation. If mediation is not.successful, the dispute shall be settled by
binding arbitration in Washington County, Oregon, in accordance with the Commercial
Arbitration-Rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof. The
arbitration shall be before a single arbitrator. The cost of arbitration shall be shared
equally; provided; however; that the arbitrator may award costs and fees to the
prevailing party. The arbitration shall be held within 60 days of selection of the
arbitrator unless otherwise agreed to by the parties.
7. Severability
If any terms or provisions of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be determined' by a court to be invalid or
unenforceable, the remainder of this Agreement and the application of those terms and
provisions shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
8. Nondiscrimination
No person shall be denied or subjected to discrimination in receipt of the benefits of
any services or activities made possible by or resulting from this Agreement on the
grounds of race, color, religion, gender, sexual orientation, national origin, disability,
age or marital status. Any violation of this provision shall be considered a material
defect and shall be grounds for cancellation, termination or suspension in whole or in
part by County.
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9. Integrrttion
This Agreement includes the entire agreement of the parties and supersedes any prior
discussions or agreements regarding the same subject. There are not understandings,
agreements, or representations, oral or written, not specified herein regarding this
contract.
ARTICLE VI - TERM OF AGREEMENT
1. The term of this Agreement shall be from the date of execution for one year or until
completion of all obligations, whichever is later.
2. This Agreement may be amended or extended for periods of up to one year by
consent of the parties, subject to provisions of this Agreement. Except for breach,
this Agreement may be canceled only with written notice and upon mutual consent.
Should the project be canceled or terminated for any reason, the parties shall in
good faith agree to such reasonable provisions for finalizing the project and paying
proportionate shares of the actual costs incurred prior to' the time of project
cancellation or termination.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
DONE AND DATED this 12— day of � , 1997.
CITY OF IGARD, OREGON WASHINGTON COUNTY,,OREGON
By By O• ��G
ayor Chairman, Board of Commissioners
ate �la(�? Date q -1 Z —�1 7
ATTEST: APPROVED AS TO FORM:
City Recorder U Loretta S. Skurdahl
Senior Assistant County Counsel
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
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September 23, 1,997
Catherine Wheatley, City Recorder
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
RE: WALNUT AND TIEDEMAN INTERGOVERNMENTAL AGREEMENT
Dear Catherine:
Enclosed is a signed copy of the intergovernmental agreement for the
Walnut/Tiedeman property acquisition. The effective date of the agreement is
September 12, 1997.
The County has received an invoice from Tigard for the County's share of cost identified
in the agreement, and we will process payment to the City shortly.
Alexander Sander
Project Manager
c: Gus Duenas, City of Tigard
F:as/covitrgd
Department of Land Use&Transportation a Capital Project MamWement Division
155 N First Avenue,Suite 350-18, Hillsboro, OR 97124-3072
phone: (503)693-4895 o fax: (503) 693-4412