Tri-County Transportation District - Tigard Transit Center _iurru uuiirracr NO. y L y U L z
INTERGOVERNMENTAL AGREEMENT
TIGARD TRANSIT CENTER REDEVELOPMENT FEASIBILITY PROJECT
TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF
OREGON, METRO, AND CITY OF TIGARD
This Agreement, dated be�pM hp r /0 , 2008, is between TRI-COUNTY
METROPOLITAN TRANSPORTATION DISTRICT OF OREGON (TriMet),
METRO(Metro)and the CITY OF TIGARD (Tigard).
A. RECITALS
WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and
authorizes local governments to .delegate to each other authority to perform their
respective functions as necessary; and
WHEREAS, the City of Tigard ("Tigard") is implementing its Downtown Improvement
Plan and Urban Renewal Plan, which includes promoting medium and high density
housing and mixed-use development in its Downtown Urban Renewal District; and .
WHEREAS, TriMet owns the Tigard Transit Center, which is located in Tigard's
Downtown Urban Renewal District; and
WHEREAS, Tigard has identified the Tigard Transit.Center as apotential redevelopment
site, and wishes to study the feasibility of a transit-oriented development project on the
Tigard Transit Center site; and
WHEREAS, TriMet supports the potential redevelopment of the Tigard Transit Center
for transit-oriented development, so long as TriMet's operational needs are met and the
Federal Transit Administration concurs, and wishes to cooperate and participate in
studying the,feasibility of a transit-oriented development project on the Tigard Transit
Center site; and
WHEREAS, Metro supports transit-oriented development projects on sites that are
publically owned, and in jurisdictions that have key tools, such as urban renewal and tax
increment financing, in place; and
WHEREAS, Tigard, Metro, and TriMet support redevelopment in Downtown Tigard (a
designated Town Center) and share the Development Objectives of:
1. Increasing job and housing opportunities' Within V2 mile of the commuter rail
station.
2. Promoting mixed-use, transit-oriented development.
3. Creating an active Town Center that serves as a catalyst for economic
development.
4. Optimizing the use of land in a compact downtown, including the 0.81-acre
Tigard Transit Center.
IGA for Tigard Transit Center Redevelopment Feasibility Project 1
5. Integrating transit with redevelopment and the downtown streetscape in a way
that complements and enhances the quality of life in Downtown Tigard, and
WHEREAS, Tigard, Metro, and TriMet share the Transit Objectives of:
1. Reducing transit run times through Downtown Tigard, where service will not
compromised.
2. Locating primary bus stops at a central location convenient to Commuter Rail and
future high capacity transit in the Pacific Highway corridor.
3. Eliminating unnecessary facility maintenance costs.
4. Generating new transit ridership by increasing development near transit and
improving access to transit.
NOW, THEREFORE, it is agreed by and between the parties hereto that they will work
cooperatively to complete the Tigard Transit Center Redevelopment Feasibility Project,
consistent with the Development and Transit Objectives, as follows:
B. PROJECT DESCRIPTION
The Tigard Transit Center Redevelopment Feasibility Project ("Project") will explore the
feasibility of redeveloping the. Tigard Transit Center into a high density mixed-use
transit-oriented development,, consistent with the community's planning vision that
leverages the region's investment in public transportation. Map 1, which is attached
hereto as Exhibit A and incorporated by this reference herein, outlines the Project area.
Major elements of the Project include:
1. A Development Opportunity Study to determine the market feasibility of a transit-
oriented development on the Transit Center Site (and potential adjacent sites). The
study will address existing conditions, preliminary market analysis, assessment of
opportunities and constraints, recommendations on housing types, number of units,
square footage for ground floor commercial space, potential mix of uses for ground
floor, projected rents; potential financial gap, and potentialcosts for green building
features. The study will identify and recommend development code adjustments
and/or financial incentives to improve the feasibility of'a transit-oriented development
project and help close financial gaps.
2. A Concept Site Plan for the site to include potential building footprint and massing
(including a high level rendering of development scenarios), location of parking,
location of public space and access to Commuter Rail station, and options for site
plans with adjoining properties.
3. A specific plan to relocate transit center functions in accord with TriMet's
requirements and input from local stakeholders ("Transit Center.Relocation Plan").
The Transit Center Relocation Plan will include recommended locations and lengths
for specified bus stops and layovers, stop amenities, operator restrooms, supervisor
parking and an estimate of the capital costs for these new facilities. The Tigard
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Transit Center Relocation and Redevelopment Guidelines, which is attached hereto as
Exhibit B and incorporated by this reference herein, shall guide the Transit Center
Relocation Plan.
C. METRO OBLIGATIONS
Metro will participate in the Project by completing the following activities:
1. Review and comment on the preparation of the Request for Quotes, participate in the
selection of consultants to perform the Development Opportunity Study, Concept Site
Plan, and Transit Center Relocation Plan, and participate in the preparation of the
scope of work.
2. Participate on the project review team for the Project, in accord with the Project
schedule attached as Exhibit C and incorporated by this reference herein.
3. Reimburse the City of Tigard for up to $30,000.00 of Project costs for the
Development Opportunity Study and Concept Site Plan described in Sections 13(1)
and B(2), above. Funds to be provided by Metro for the Project will be equally
matched by funds provided by the City of Tigard for Project elements described in
Sections B(1), 13(2), and 13(3), above.
4. Provide technical information to assist with the Project.
5. Communicate and coordinate with Tigard and TriMet Project Managers on relevant
aspects of the Project.
D. TRIMET OBLIGATIONS
TriMet will participate in the Project by completing the following activities:
1. Review and comment on the preparation of the Request for Quotes, participate in the
selection of consultants to he
the Development Opportunity Study, Concept Site
Plan, and Transit Center Relocation Plan_, and participate in the preparation of the
scope of work.
2. Participate on the project review team for the Project, in accord with the Project
schedule shown in Exhibit C.
3. Provide Tigard with available information about the transit center property such as a
legal description,environmental analysis and applicable disposition requirements.
4. Provide requested technical information on bus routes, and present and future bus
stop needs.
IGA for Tigard Transit Center Redevelopment Feasibility Project 3
5. Provide Tigard with technical review of proposed bus;stops, layover areas, restrooms
and parking as to whether they meet TriMet's operational needs.
6. Provide available information to assist estimating the cost of improvements.
7. Communicate and coordinate with Tigard and Metro Project Managers on relevant
aspects of the Project.
E. TIGARD OBLIGATIONS
Tigard will manage the. Tigard Transit Center Redevelopment Feasibility Project by
completing the following activities:
1. Manage the Project. Issue the Request for Quotes and work with the selection team
to select consultants to perform the Development Opportunity Study, Concept Site
Plan, and Transit Center Relocation Plan, prepare the scope of work for the Project.
2. Lead the project review team for the Project, in accord with the Project schedule
shown in Exhibit C.
3. Propose bus stops and layover areas that meet the operational needs of TriMet and
the needs of Downtown redevelopment. Provide a schematic drawing of the
proposed stops.
4. Manage public involvement for the Project. Tigard will conduct any necessary public
meetings and respond to public calls regarding the Project. Tigard will initiate
meetings with property owners and businesses that would potentially be impacted by
proposed new bus stop and layover locations.
5. Communicate and coordinate with Metro and TriMet Project Managers on relevant
aspects of the Project.
6. Issue a city staff recommendation that the Tigard Planning Commission and Tigard
City Council adopt the proposed development code revisions set forth in Exhibit D,
which is attached hereto and incorporated by this reference herein, and exert best
efforts to obtain said adoption.
7. Exert best efforts to obtain adoption of the additional code changes recommended by
the Development Opportunity Study and work to obtain or provide any financial
incentives identified to be needed to enhance feasibility of future development
projects in downtown Tigard.
F. COMPENSATION
IGA for Tigard Transit Center Redevelopment Feasibility Project 4
The Project as outlined above will be funded by Tigard and.Metro as described above.
Each entity will assume the costs of their own staff time associated with the Project.
Costs for Project services :will be tracked by the City of Tigard and an itemized list of
costs will be shared at the end of the Project to account for the total Project costs. Upon
completion of the Project, Metro will reimburse the City of Tigard for eligible portions of
Project costs as described above in an amount no greater than $30,000.00.
G. GENERAL TERMS
1. Laws and Regulations. Tigard, TriMet, and Metro agree to abide by all applicable
laws and regulations, including, but not limited to all applicable public procurement
rules and regulations set forth in ORS Chapters 279A-C.
2. Term of this Agreement. This Agreement is effective on the last date of execution by
all parties and shall remain ;in effect until the Project is, complete and the parties'
obligations have been fully performed, or until otherwise terminated as set forth
herein.
3. Indemnification. Within the limits of the Oregon Tort Claims Act, codified at ORS
30.260 through 30.300, each of the parties shalt indemnify and defend the others and
their elected officials, officers, employees, agents, and representatives from and
againstall claims, demands, penalties, and causes of action of any kind or character
relating to or arising from this Agreement (including the cost of defense thereof,
including reasonable attorney's fees) in favor of any person lon account of personal
injury, death, damage to property, or violation of law, which arises out of, or results
from, the negligent or other legally culpable acts or omissions of the indemnitor, its
employees, agents, contractors or representatives.
4. Integration.tion. This Agreement constitutes the entire agreement between the parties on
the subject matter hereof and supersedes all prior or contemporaneous written or oral
understandings, representations or communications of every kind on the subject. No
course of dealing between the parties and no usage of trade shall be relevant to
supplement any term used in this Agreement. Acceptance or acquiescence in a course
of performance rendered-under this Agreement shall not be relevant to determine the
meaning of this Agreement and no waiver by a party of any breach or right under this
Agreement shall be construed to be a continuing waiver, nor prejudice the waiving
party's exercise of the right in the future. No such waiver made by any party with
respect to any precondition herein, or the performance of any obligation under this
Agreement shall be considered a waiver of any other rights established herein.
5. Project Managers, Each Party hereby appoints the person identified below to act as
its respective Project Manager with the authority and responsibility described in this
Agreement:
For Tigard: Sean Farrelly
City of Tigard
IGA for Tigard Transit Center Redevelopment Feasibility Project 5
13125 SW Hall Boulevard
Tigard, OR 97223
For Metro: Lisa Miles
Metro
600 NE Grand Avenue
Portland, OR 97232
503-797-1736
For TriMet: Jillian Detweiler
TriMet
710 NE Holladay Street
Portland, OR 97232
503-962-2292
Each party may, from time to time, designate in writing another person to act as such
Party's Project Manager and may specify another notice address for its Project
Manager.
6. Termination. This Agreement may be terminated immediately by mutual written
agreement of all parties, or by any one of the parties notifying the others in writing,
with the termination being effective in 30 days.
7. Resolution of Disputes. If any dispute out of this Agreement cannot be resolved by
the Project Managers, the dispute shall be referred to the Mayor of the City of Tigard,
TriMet's Executive Director of Capital Projects and Metro's Chief Operating Officer;
who will attempt to resolve the dispute. If the Mayor, TriMet's Executive Director of
Capital Projects and Metro's Chief Operating Officer are not able to resolve the
dispute, the parties will submit the matter to mediation, with each party paying its
own costs and sharing equally in common costs. In the event the dispute is not
resolved in mediation, the parties will submit the matter to arbitration. The decision
of the arbitrator shall be final, binding and conclusive upon the parties and subject to
appeal only as otherwise provided in Oregon law.
8. Interpretation of Agreement. This Agreement shall not be construed for or against
any party by reason of the authorship or alleged authorship of any provision. The
paragraph headings contained in this Agreement are for ease of reference only and
shall not be used in constructing or interpreting this Agreement.
9. , Severability/Survival. If any of the provisions contained in this Agreement are held
illegal, invalid or unenforceable, the enforceability of the remaining provisions shall
not be impaired. All provisions concerning the limitation of liability, indemnity and
conflicts of interest shall survive the termination of this Agreement for any cause.
10. Approval Required. This Agreement and all amendments, modifications or waivers
of any portion thereof shall not be effective unless in writing and until approved by 1)
IGA for Tigard Transit Center Redevelopment Feasibility Project 6
TriMet's General Manager or the General Manager's designee and, when required by
applicable TriMet rules, the TriMet Board of Directors 2) Metro's Chief Operating
Officer or the Chief Operating Officer's designee and when required by applicable
Metro rules, the Metro Council, and 3) the Tigard City Council.
11. Choice of Law/Venue. This Agreement and all rights, obligations and disputes
arising out of the Agreement shall be governed by Oregon law. All litigation arising
out of this Agreement shall be decided by the state courts in Oregon. Venue for all
disputes and litigation shall be in Washington County, Oregon.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first written above.
METRO CITY OF TIGARD, OREGON
By; y;` C B
Scott Robinson Craig Prosser �
Deputy Chief Operating Officer City Manager
APPROVED AS TO FORM APPROVED AS TO FORM
error Assistant Attorney IGARD ttorne
TRI-COUNTY METROPOLITAN
TRANSPORT TION DISTRICT OF OREGON
By:
Neil McFarlane
Executive Director, Capital Projects
APPR ED TO FORM
TRIMET nsel
IGA for Tigard Transit Center Redevelopment Feasibility Project 7
EXHIBIT A
Tigard Transit Center Project Location
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Exhibit A to IGA for Tigard Transit Center.Redevelopment Feasibility Project
EXHIBIT B
Tigard Transit Center
Relocation and Redevelopment Guidelines
Goal:
Support the,redevelopment of the historic Tigard downtown that 1) is consistent with Tigard's
community planning vision, 2) leverages the region's investment in public transportation and
3) encourages economic development within the city.
Development Objectives:
1. Increase job and housing opportunities within 1/z mile of the commuter rail station.
2. Promote mixed-use,transit-oriented development.
3. Create an active center that serves as a catalyst for economic development.
4. Optimize the use of land in a compact downtown, including the 0.81-acre transit
center on SW Commercial Street.
5. Integrate transit with redevelopment and the downtown streetscape in a way that
complements and enhances the quality of life in downtown Tigard.
Transit Objectives:
1. Reduce transit run times through downtown Tigard (and the associated cost and
community impacts).
2. Relocate primary bus stops to a more central location that is still near commuter rail
and future high capacity transit in the Pacific Highway corridor.
3. Eliminate security concerns and maintenance obligations associated with the transit
center.
4. Generate new transit ridership by increasing development near transit and improving
access to transit.
Requirements:
1. Provide high capacity bus stops on SW Main Street in both north and southbound
directions that meet the following requirements:
a. Must be within 500' of the WES Commuter Rail Station.
b. Must be north of SW Commercial Street to accommodate transfers between
Lines 76/78 and 12/95. Item 2b, below, suggests these stops also need to be:
south of SW Scoffins Street.
c. Needs to accommodate a high.capacity shelter, benches, Transit Tracker,
refuse containers, lighting.
d. Requires between 100 and 150 feet of curb (to accommodate 2 to 3 buses at
one time) and 12 minimum width of sidewalk for each stop.
2. Provide a bus layover zone for Line 45 buses.
a. Must be 100' to accommodate up to two 40' buses.
b. Needs to be on a loop, feeding from the south on SW Main and including the
above bus stop north of Commercial Street. The loop could include SW
Scoffins, Ash, Hall, Commercial and/or Burnham in any combination.
ExhibitB to IGA for Tigard Transit Center Redevelopment Feasibility Project 1
c. A restroom shall be available within 250' either for the dedicated or shared
use of TriMet employees by agreement and accessible from 5 am to 1 am
daily. The restroom shall be clean and well maintained, subject to a cost-
recovery fee from TriMet.
3. Provide an operator restroom or access for TriMet operators to an existing restroom.
4. Provide TriMet supervisor parking.
5. The transit center property should be used for the following purposes:
d. Mixed-use transit-oriented development with a residential density of not less
than 30/units per acre or 24 units, total.
e. Parking not to exceed 1.0 spaces per residential unit or 2.0 spaces per 1,000 sf
retail or office use.
f. Affordable housing and LEED goals shall be considered.
g. Parking must be structured or tucked behind the development.
h. Public access shall be provided through or around the development to the
WES Commuter Rail Station.
i. Opportunities should be explored to leverage adjacent or nearby
redevelopment.
Exhibit B to IGA for Tigard Transit Center Redevelopment Feasibility Project 2
EXHIBIT C
Project Schedule
Tigard Transit Center Redevelopment Feasibility Study
Oct Nov Dec Jon Feb Mar Apr May
Project team meeting a 0 0 0 a 0 0
iGA Adoption-Metro o'
IGA Adoption-Tri Mei 0
IGA,Adoption-Tigard 0
Develop scope 0
Request for Quotes o
Consultant selection o
Consultant work 0 0 0
Bus stop/layover analysis(City of Tigard) 0 1 1 0
Bus stop/layover property owner outreach(City of Tigard) 0 ci 0
Review Draft.Report
Final Report
Presentations(CCAC,Council)
Exhibit C to IGA for Tigard Transit Center Redevelopment Feasibility Project
EXHIBIT D
Proposed Development.Code Revisions
Development Code Analysis
The Tigard Transit Center site is located in Tigard's Downtown Urban Renewal District. The
vision of the Tigard Downtown Improvement Plan (TDIP):is to transform the area into a
pedestrian oriented urban village, with a variety of retail, services, employment, and medium-
to-high density residential development.
To implement the TDIP, the Tigard Comprehensive Plan.was amended in 2007. New
development code requirements, including design standards, are nearly ready to be taken
through the public approval process. The target date for adoption is May 2009.
Following is a brief description of what could be built on the site using the current
development code and the proposed development code.
A. Current Development Code:
The current zoning for the site is Central Business District (CBD.) This mixed use zone
allows a wide range of uses, including single use office, retail, or residential, or mixed use
residential/commercial.
Maximum residential density: 40 units/acre
Maximum height: 80 ft. (commercial or mixed use)/ 60 feet(residential only)
Maximum site coverage: 85% (commercial or mixed use)/ 80% (residential only)
Minimum parking requirements:
® Multi-family Residential:
DU<500 sq. ft: 1.0space/DU
1 BR: 1.25 spaces/DU
2BR: 1.5 spaces/DU
3 BR: 1.75spaces/DU
® Commercial:
Sales-oriented: 3.7spaces/1000 s.f.
o A 20%reduction in the minimum parking requirements can be applied for under
the Adjustment process.
® An assumed development of 32 1 BR multi-family units and 4000 s.f. of
commercial space would require 55 parking spaces (40 for residential+ 15 for
commercial)under the current code.
Exhibit D to IGA for Tigard Transit Center Redevelopment Feasibility Project I
B. Proposed Development Code:
Proposed code (subject to change, not yet adopted)would allow Office Buildings, Storefront
Mixed Use, Multi-family Residential or Attached Single Family on this site.
Maximum density: 80 units per acre
Maximum height: 90 feet
Maximum site coverage: 80%-90% (depending on building type)
Minimum parking requirements:
Undetermined, but will likely be reduced. Having no minimum parking requirements for
properties in proximity to Main Street is under consideration.
Exhibit D to IGA for Tigard Transit Center Redevelopment Feasibility Project 2