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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. FASHARED1CPfA1WPSHARE%RDIGA%TUAIATIMTKMMTKiARD2.DOC July 24,1997 1 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. F%SHAREDCPhtWPSHARE%RDIGA\TUALATIMTR3MMnGARD2.DM July 24,1997 2 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. F%SHAREDICMWPSHARE%RDIGA%TUALATIMTICMMTKMD2.DOC July 24,1897 3 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. F 1SWIREDOMWPSHARE%RDIOA\TUALATIMTKMIXTIGARD2.DW July 24,1997 4 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 F.-1SHAREWA*%WPSHAREIRDIGA%TUAI ATIMTKMEXTIGARD2.DOC MINUTE ORDER N ,,,,,9 Z„ y .M July 24,1997 5 DATE.............................. 9.. ..9.7 ... e' ..... F •OAAT1'• •.••••- 0 THF, I-, 5002 17. 164' /9Ae .23Aq. 3 o 16 z _ 1 F 2 8 164' I dao 2000 2100 n^ 2200 23003' 'OWE 2600 Irl O fa �O N d M 1 c o 2 2 p 3 ^'Y°�4 =V6 0 r _ o �.. r o 4 3 1 v =� \J SJ r Z ti °� 61 40.43 24:61 36.39. —' 5 o � c W 2 _ 1•0 . 250( A. 4j 40 /\ 0 f 14400 W R.iQ 6 VI C 1al I TY M 2L� -.1 N 41JOO O Q o m nip R-10 �►Q► d s%0 66,0 o 0 96 • -1 92.39 $ � 18 r4, m ?. i 14850570 E w o b° �6 i 10 �JYY, 4300 F U a `oa a °�J n PF%Oposso !r 4 23 "' cn.��v _ J,�J �K 3900 b as a�.TE�NATE I11�1'\ N olb It 4200 = 4100 19 3k Cn n p'y 0 �+ Q�®POSED 22 A o 2 I NtO 3800 O ® REAS I G,N MvlEN ,� mV. = 20 A�T�R9�1AT� '11�'` 0 30 a 1 o n 89°a8'42"W – 0 ° N8902 50 _W 1906 a 1907 Ic zC 168.74 C) T166 T �SUBJECT9 10 _ s Q c M r � A° 'G 1905 1908 O=_ 8 690 14' W I N. N ' N N Q � 0 �� 165.74 8 165.74 0 1702 1701 1904 - m 1909 z N N e10 � 14141* 7 12 144.69 186 79 rWl1 93.66 93.13 O 190 , 1902 r+ 1901 N O p ' O 1O C O c 6 _ o. Seto p 2.w ' +�� IV?3003 5 0 t.47' 166.96 1 s F n h' 1800 �`•►4 4 �' r 00 r .50 Ac. ° a #Ao. 70 101.28 0 ER so 98 1704 1703 � ASS IdAa dtAe. SS ; /� ESS®F S o /'� Oil I- N a a MAP fzg1 3 AA •W N O n ; 0i Ix 1488°13 E 136.76 tl�el w N A IQI,1 Rf WASHINGTON COUNTY w OREGON f z�. 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