Tigard-Tualatin School District - School District 23J - Katherine Street RECEIVED
AUG 1 1978
AGREEMENT
CITY OF TIGARD
THIS AGREE►!EN'T made and entered into by and between the CITY OF TIGARD,
Oregon; a municipality in the State of Oregon, hereinafter termed the "City,"
and SCHOOL DISTRICT 23J, Washington and Clackamas Counties (Oregon) , hereinafter
termed the "District,"
W I T N E S S E T H:
RECITALS:
1. That incident to the application of the District for a building permit
with respect to its West Tigard School Site, the City has requested that the
District file a compliance bond to assure the completion of the westerly extension
of S. W. Catherine Street from 121st to the site.
2. That the District's obligation to dedicate and improve the said street,
at the District's expense, is documented between the District and the owners of
the lands abutting the West side of S. W. 121st Street, through. which tract the
access road will pass.
3. That incident to the construction of the extension of said street,
the District, in awarding and formalizing the contract, must require the contrac-
tor to file a public works bond in sum equal to the contract price to guarantee
the said construction and the payment of all obligations arising therefrom by
the contractor, all in compliance with Chapter 279, Oregon Revised Statutes..
That the performance of the obligations of each of the City and the District to
the public, including the citizens of the District and the City, with respect to
said project, will be adequately protected by said performance bond, without any
additional bonding requirements at added expense to the District.
NOW, THEREFORE, in consideration of the foregoing premises and the promises
and agreements herein contained, the City and the District agree as follows:
1. That the posting of a bond incident to the construction- of the extension.
of S. W. Catherine Street by or under the direction of the District to guarantee
the completion of said project, is hereby waived.
2. . That the District's compliance with the public contract bonding require-
ments as set forth in Chapter 279, Oregon Revised Statutes, as necessary with
respect to the proposed construction and improvement of said street, will be ade-
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quate to assure the construction and completion of said street, in compliance
with the standards of the City and other applicable public authority, and that
final payment to the contractor and acceptance of the work will not be under-
taken by the District until the said public work is also accepted by the City.
3. That a copy of the performance bond and contract documents will be
Available to the City upon request., and the City's Public Works Department shall
be entitled to access to the street work project from time to time, and repre-
sentatives of the parties hereto shall cooperate in all respects to best serve
the public interest.
4. The District hereby promises the City that the described westerly
extension- of S. W. Catherine Street from S. W. 121st to the school site will be
completed in accordance with all relevant requirements of the City's ordinances
and the plans and specifications, and that when it is judged by the City to be
ready for acceptance, it will be dedicated by the District.
IN WITNESS WHEREOF, the District and the City have executed this agreement
pursuant to respective resolutions of their governing bodies on the dates herein-
after shown opposite each of their signatures.
CITY OF TIGARD
DATED </�he__2 GT Ig-7)
BY
Mayor
By
Recorder
Board of Directors of
f SCHOOL DISTRICT 23J
. DAT � � 0 By.
Chairman
t
By
V r7 Clerk
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