Tigard-Tualatin School District - Police Substation POLICE SUBSTATION AGREEMENT
This agreement is made between the City of Tigard("City"),a municipal corporation of
the State of Oregon and the Tigard Tualatin School District("District"), a school district
organized under ORS Chapter 332.
RECITALS
a. District has space in the parking lot of Tigard High School in excess of what is
needed for the District's needs.
b. City has need for additional space for it police officers to conduct office work.
C. District would benefit from the presence of a Tigard Police substation in close
proximity to Tigard High School because it would increase the time spent by police officers on
or near school property. This would result in increased safety for District property and for
students.
d. City and District have agreed to establish a police substation on Tigard High
School property as provided for in this agreement. City and District have agreed on a structure
and have determined that the price for-purchase and installation of the structure totals $32,000. .
AGREEMENT
I. The above recitals are contractual and a full part of this agreement.
2. City and District shall equally share the cost of acquiring a manufactured structure.
to be placed on the Tigard High School parking lot in a location to be determined by the District
in consultation with the City. Each shall pay$16,000 of the total$32,000 cost of purchase and
installation.
3. District shall have title to the structure and shall retain title to the real property
where the structure is located. District shall repair, maintain and insure the structure and provide
and pay for utilities, including electric power and communications lines for computers. District
shall provide a security (alarm)system for the structure that will be integrated into the school
alarm system.
4. City shall have the exclusive right to occupy and use the structure as a police
substation. District shall provide two parking spaces adjacent to the structure for use by the City
in connection with use of the police substation. City shalhprovide all personal property it
determines is needed in the substation, including office equipment,telephones, fax machines,
computers,desks,chairs and filing cabinets. District is not responsible for providing equipment
but shall provide lines so that the'equipment shall have power and communications links.
POLICE SUBSTATION AGREEMENT
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5. District is in the process of obtaining a land use approval for the proposed
structure and use. The City's Police Department Ishall cooperate with the District in obtaining
the approval and shall request that the land use application fee be waived. In the event the fee is
not waived,the District agrees to pay the fee.
6. This agreement may be terminated by mutual agreement of the parties on such
terms as the parties may agree to. This agreement may be terminated by either party on 90 days'..
notice. If terminated by the District within the first ten years of this contract, District shall
reimburse City for its contribution under section 2 above. The reimbursement shall be at 100
percent for the first year of this agreement($16;000),90 percent for the second year, 80 percent
for the third year, 70 percent for the fourth year, 60 percent for the fifth year, 50 percent for the
sixth year,40 percent for the seventh year, 30 percent for the eighth year,20 percent for the ninth
year,and 10 percent for the tenth year.
7. If this agreement is terminated by mutual agreement and the District sells the
structure within one year of termination, District and City shall share the proceeds of the sale
equally, after deduction of any costs of sale.
8. In the event any provisions of this agreement are finally held or determined to be
illegal under any applicable law,the remainder of the agreement shall remain in full force and
effect;provided however,that if either party determines that the invalidity alters the bargain
between the parties, that party may request that the remaining terms be renegotiated or may
terminate the agreement as provided for in section 6.
9. This agreement shall be governed by Oregon law.
10. Should any dispute arise between the parties concerning this agreement that is not
resolved by negotiation between the parties,the parties agree to participate in good faith in'a
non-binding_ mediation process. The mediator shall be selected by mutual agreement of the
parties,but in the absence of such agreement each party shall select a temporary mediator and
those mediators shall jointly select the permanent mediator. All costs'of mediation shall be
borne equally by the parties.
11. If it becomes necessary for either party to bring legal action against the other in
order to enforce this agreement, the losing party shall be responsible for all legal fees incurred by
both parties.
12. The representatives:signing on behalf of the parties certify that they are duly
authorized by the party for which they sign to make this contract.
13. Notices and other communications may be delivered personally, be telegram, by
fax, by e-mail,or by regular, certified,or registered mail. Notices to the City shall be sent to the
POLICE SUBSTATION AGREEMENT
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City's Chief of Police and notice to the District shall be sent to the District's Superintendent.
CITY OF TIGARD TIGARD TUALATIN SCHOOL
DISTRICT -
> 1 Monahan Dr: us oki
City Manager Superin ndent
Date: 1112 � /I �} Dater 2q
C:VccbVnGARDIpolsubstaagre.wpd
POLICE SUBSTATION AGREEMENT
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