Resolution No. 18-22 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 18-02a
A RESOLUTION APPROVING THE FIFTH AMENDMENT TO THE WATER PARTNERSHIP
INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD
REGARDING WATER SUPPLY FACILITIES,DESIGN,CONSTRUCTION,AND OPERATION.
WHEREAS, on August 6, 2008, the Parties executed the Intergovernmental Agreement Regarding Water
Supply Facilities,Design,Construction,and Operation ("Agreement");and
WHEREAS, the Agreement requires that within a time certain after the Initial Expansion is constructed,
property interests held in the name of Lake Oswego are to be conveyed by warranty deed to Tigard
proportionate to their allocation of water supply;and
WHEREAS, the Agreement provides that from time to time exhibits may be revised or new exhibits added
based upon further evaluation and studies;and
WHEREAS, further evaluation and studies have occurred and the Parties agree that certain text amendments
and a new exhibit should be added to clarify proportionate ownership and to reflect the final reconciliation of
costs owed by Tigard to acquire its proportionate interest in real property held in the name of Lake Oswego.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Mayor is authorized to sign the fifth amendment to the Agreement in the form attached
hereto as Exhibit`A.'
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This dati- of 2018.
Q�li
Mayor I
ity of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 18-.2A
Page 1
EXHIBIT A
FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION,AND
OPERATION
THIS FIFTH AMENDMENT to Intergovernmental Agreement Regarding Water Supply Facilities,
Design, Construction and Operation (Fourth Amendment) is effective this day of
2018, by and between the City of Lake Oswego (Lake Oswego) an Oregon municipal
corporation, and the City of Tigard (Tigard), an Oregon municipal corporation. Lake Oswego and
Tigard may also be referred to individually herein as a "Party" an ctively as "Parties."
.£:'.
Recitals
WHEREAS, on August 6, 2008 the Parties exeodit d an Intergo -mental Agreement
r¢t ,
Regarding Water Supply Facilities, Design, Constryct}on and Operation, which was subsequently
amended by the First Amendment, Second AmttP
ent,Third Amendmen' d Fourth Amendment,
(the agreement with all amendments is referresteinas the "Agreement," nd
WHEREAS, the Agreement reifes that within a` ain after the Initia` Expansion is
constructed, property interests held in-4]h6name of Lake Ostgo are to be conveyed to Tigard in
proportion to its allocation of water sup ly capacity;and i
WHEREAS, the Aent provides tttat from time to time exhibits may be revised or new
exhibits added based uurtherevaluation end sten and
a .
WHEREAS, further evaluation and studies have occurred and the Parties agree that certain text
amendments and a new Exhibit 8 s ould be added tc►clarify proportionate ownership and to reflect
the final recc+nc+liatidn.of costs o Tigd to acquire its proportionate interest in real property
held in the name of tales%Oswego,and
N mi U,THEREFORE, 1' g' PARTIES IGREE TO THIS FIFTH AMENDMENT TO THE AGREEMENT AS
�f.
FOLLOWS:
Section 1. Addition xhi bit. Exhibit 8 (Tigard Buy-In Final Reconciliation) is added to the Agreement
y
in the form attached'o,",this Fifth Amendment as Attachment 1.
Section 2. Payment of Costs due. Within thirty days after the effective date of this Fifth Amendment,
Tigard will pay the City of Lake Oswego $311,312 representing full and final reimbursement of costs
for real property interests acquired by Tigard.
Section 3. Section 4.2 of the Agreement is amended as follows (deleted text strickoR, new text bolded
and double-underlined):
4.2 Anticipated Ownership
FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN,
CONSTRUCTION AND OPERATION
11 Page
EXHIBIT A
At the completion of the Initial Expansion, the Parties' percentage ownership
shall be allocated as set forth in FST Exhibits 6 and 8 attached hereto and
incorporated by reference. Where assets are listed on both Exhibits 6 and 8,the
allocations in Exhibit 8 shall control.
Section 4. Section 5.1 of the Agreement is amended as follows (deleted text S#Fieken, new text bolded
and double-underlined):
5.1 Creation of Common Ownership :
Title to or easements rights to all properties over, under or upon which Supply
Facilities are or shall be located (Property) shall remain in the name of Lake
Oswego until the conclusion of the Initial Expansion. Tigard shall have an
equitable interest as if it were a vendee under a land sale contract. Within W 30
days following Substantial empletien of the lRitial gxpaRsien the effective date
of the fifth amendment to this Agreement, Lake Oswego will, by War` nty Deed
(for fee interests) and assignment (for easement rights), convey to Tigard an-
undivided proportionate interest as tenant in common in the Property as se
forth on ` Exhibits 6 and 8, attached hereto and incorporated by reference.
Where assets are listed on both Exhibits 6 and 8.the allocations in Exhibit 8
shall control. The Parties agree the Property owned by Lake Oswego as of the
date of this Agreement shall be valued in 2008 dollars. Property acquired after
the date of this Agreement shall be acquired proportional to ownership
according to the purchase price paid. Closing costs for the Lake Oswego transfer
to Tigard shall be shared equally.
Section 5. Section 5.2.2.2 of the Agreement is amended as follows (deleted text StFieken, new text
bolded and double-underlined):
FollpW ng transfer, Lake Oswego and Tigard shall be responsible for all costs
relat to the Property in proportion to their respective interests as set forth on
r Exhibits 6 and 8. Where assets are listed on both Exhibits 6 and 8,the
allocations in Exhibit 8 shall control. Such costs shall be included in the monthly
invoices under Section 7.1.4.
Section 6. Entire Agreement. ,Except a specifically amended by this Fifth Amendment, the Agreement
remains in full force and effect.
SIGNATURE LINES TO FOLLOW
FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN,
CONSTRUCTION AND OPERATION
2 1 P a g e
EXHIBIT A
IN WITNESS WHEREOF the Parties have dated and signed this Agreement
City of Lake Oswego City of Tigard
Mayor Dated Mayor Dated
ATTEST: ATTEST:
City Recorder Dated City Recorder Dated
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney Dated City Attorney Dated
FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES, DESIGN,
CONSTRUCTION AND OPERATION
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