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Metro ~ , V141 600 NE Grand Ave. www.oregonmetro.gov Portland, OR 97232 -2736 4 R�CEIV Metro I People places. Open spaces. FO OCT O October 1, 2010 C/ 0 y (WO Aa n i h st agard ion Mr. Craig Prosser City Manager City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 -2642 Ms. Kim McMillan Project Manager City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 -2642 Dear Mr. Prosser and Ms. McMillan, Enclosed are two copies of the signed agreement regarding disposition of funding authority originally allocated to the Washington Square Regional Center Trail project. With this agreement in place, Metro staff will initiate the process of amending the Metropolitan Transportation Improvement Program (MTIP) to reflect the agreement. We will be in contact with your staff to determine their availability for upcoming meetings to consider approval of the request. Thank you for your work in moving the project forward to this point. Sincerely, Ted Ley old MTIP Manager • Printed on recycled- content paper. MEMORANDUM OF UNDERSTANDING BETWEEN METRO AND CITY OF TIGARD FOR WASHINGTON SQUARE REGIONAL CENTER TRAIL This MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered into by and between METRO, the Portland Urbanized Area Metropolitan Planning Organization ( "MPO "), acting by and through its elected officials, hereinafter referred to as "METRO," and CITY OF TIGARD, hereinafter referred to as "TIGARD," collectively referred to as the "Parties." WHEREAS, by authority granted in ORS 190.100 and 283.110, units of local government or state agencies may enter into agreements for the performance of any or all functions and activities that parties to the agreement, or their officers or agents, have the authority to perform, and WHEREAS, METRO and TIGARD are interested in establishing and maintaining a collaborative partnership for the development of the Washington Square Regional Center Trail Project: Hall to Greenberg, hereinafter referred to as "PROJECT "; and WHEREAS, TIGARD was awarded $386,000 in Regional STP funding authority from the 2004 -07 Regional Flexible Fund Allocation process to design a multi -use trail project in the Washington Square regional center area from Hall to Greenberg and acquire right -of -way and construct the PROJECT between Hall and Highway 217, and WHEREAS, in initial development of the PROJECT, TIGARD has discovered previously unidentified environmental and right -of -way impact issues that make construction of the trail at the estimated cost infeasible, and WHEREAS, the PROJECT is currently programmed in federal fiscal year 2011 of the 2008 -11 MTIP and STIP under ODOT Key #13527, and WHEREAS, TIGARD proposes to construct the Fanno Creek trail in the Tigard town center area between Main Street and Hall Boulevard with at least $430,180 of local funds if the federal funding on the Washington Square regional center trail project can be redeployed to other Tigard managed federal aid projects, and WHEREAS, TIGARD has also received Transportation Enhancement funding for the Tualatin River Bridge project that utilized $251,071 in Regional STP funding authority from the Washington Square Regional Center Trail project in exchange for a commitment of local funding to the Trial project, and WHEREAS, TIGARD has also received $2,540,000 in Regional STP fund authority for the Main Street: 99W to Railroad project that can utilize the remaining balance of $134,929 in Regional STP funding authority from the Washington Square Regional Center Trail project, and NOW THEREFORE, the premises being in general as stated in the foregoing, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Pursuant to the authority cited above, TIGARD agrees to carry out the Fanno Creek Trail Project, as described in this MOU and in the terms and conditions of Intergovernmental Agreements (IGAs) that may be entered into by the Parties. 2. This MOU is effective October 1, 2009 through September 30, 2014. Either Party may terminate this MOU at any time by providing written notice of such termination to the other Party. 3. This MOU may be revisited and modified as needed, when the Parties so determine. Any modification to this MOU shall not be effective unless it is in writing and signed by both Parties. Page 1 of 2 4. This MOU in no way restricts either Party from participating in similar activities with other public or private agencies, organizations, or individuals. 5. This MOU is neither a fiscal nor a funds obligation document. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the Parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in a separate written IGA(s) between the Parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. 6. The principal contacts for this MOU are: Ted Leybold Kim McMillan MTIP Manager Project Manger Metro City of Tigard 600 NE Grand Avenue 13125 SW Hall Blvd Portland, OR 97232 Tigard, OR 97223 -8187 Phone: (503) 797 -1759 Phone: (503) 718 -2642 Fax: (503) 797 -1911 METRO AGREES TO: 1. Amend the MTIP /STIP to eliminate programming of $251,071 of local funding and reprogram $134,929 of STP funding from the Washington Square Regional Center Trail project to the Tigard Main Street project. 2. Amend the MTIP /STIP to program $430,180 of local funding on the Fanno Creek Trail: Hall to Main Street project. TIGARD AGREES TO: 1. Design and build the Fanno Creek Trail project between Hall Boulevard and Main Street using a minimum of $430,180 in local funding (the original $386,000 of Regional STP funding plus required local match of 10.27% of total project cost). 2. Provide periodic reporting to Metro on the progress in executing this project and request any significant changes in scope or schedule to the work program for approval by the Principal Contact for Metro. 3. If TIGARD does not adequately complete the project deliverables described above, $386,000 of Regional STP funding authority or an amount up to $386,000 as determined by the MPO governing board: the Joint Policy Advisory Committee on Transportation (JPACT), will be reprogrammed from the Tigard Main Street project to the Washington Square Regional Center Trail project. If no funding authority remains on the Tigard Main Street project at the time the JPACT decides to reprogram Regional STP authority to the Washington Square Regional Center Trail project, future Regional funding authority may be withheld from TIGARD until such time as JPACT determines that the obligation to develop the Washington Square Regional Center Trail project is met. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their seals as of the day and year written above. METRO CITY 0' TIGA' i ... Robin McArthur Craig P Esser Director of Planning & Development City jnager //r)//0 Dat Date Page 2 of 2