Metro - Fanno Creek Greenway Trail Easements INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement("Agreement")is by and between Metro,an Oregon municipal
corporation, located at 600 Northeast Grand Avenue,Portland,Oregon,97232-2736("Metro"),and the
City of Tigard, located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 (the"City"). This Agreement
shall be effective on the last date of signature indicated below.
RECITALS
WHEREAS,Metro has acquired a trail easement across certain property located at 9744 SW Tigard
Street,Tigard,Oregon 97223(the"First Easement").
WHEREAS,Metro has also acquired another trail easement across certain property located at 9826 and
9900 SW Tigard Street,Tigard,Oregon 97223 (the"Second Easement").
WHEREAS,Metro purchased the First Easement and the Second Easement(referred to herein together as
the"Easements"), both of which were identified as a priority in the Fanno Creek Linkages and Trail
Target Area,using funds fi-om the Natural Areas Bond Measure,2006 Metro Ballot Measure 26-80
("Metro Natural Areas Bond Measure"),approved by the voters on November 7, 2006.
WHEREAS,the City now wishes to develop and construct the Fanno Creek Greenway Trail and has
requested that Metro assign the Easements to the City as such areas are critical to(1)completing a
continuous greenway trail from the Tualatin River,through the City of Tigard,into a highly urbanized,
"walker-challenged"area and(2)protecting water quality along Fanno Creek and its tributaries.
WHEREAS, in accordance with ORS 190.010,et seq,Metro and the City wish to enter into this
Agreement to provide for the responsibilities and obligations of the parties with respect to the assignment
of the Easements.
AGREEMENT
Now,therefore,in consideration of the mutual agreements and promises herein,the parties agree as
follows:
Easement Holder. Immediately following the parties execution of this IGA,Metro shall assign to the
City all its right,title and interest in the Easements. The assignment to the City shall be in the form
attached hereto as Exhibit A(the"Assignment").
Management,Maintenance,and Operation of the Easements. Upon acceptance of the Assignment,
the City shall have sole responsibility for the Easements,including without limitation the management,
maintenance,development,security,and operation of any trail constructed thereon.
Signage; Publications. The City shall install on-site signage stating that funding for the acquisition of
the Easements came from 2006 Metro Natural Areas Bond Measure proceeds. Such signage shall be
installed in Woodard Park along the Fanno Creek Greenway Trail in prominent and at highly visible
locations approved by Metro. Signage shall be either(a)a standard,free-standing sign provided by
Metro,which Metro shall make available to the City upon request; or(b)inclusion of Metro's logo and
script in other signage,with Metro's logo and script of a size equal and comparable to the size of the
City's logo and script. Metro shall make its graphics available to the City upon request. The City also
shall document in any publication,media presentation,or other presentations that the acquisition of the
Easements of the Fanno Creek Greenway Trail was paid for in part with proceeds from the 2006 Metro
Natural Areas Bond Measure. All such signage shall comply with the City's sign ordinance and
applicable regulations.
Agreement to Re-Convey. Metro is agreeing to assign its interest in the Easements so that Tigard will
construct,operate,and maintain a trail across the Easements as part of the Fanno Creek Greenway Trail.
The design and location of the trail shall be determined by the City in its sole discretion. In the event
Tigard fails to(a)construct the trail across the Easements within ten(10)years of the execution of this
Agreement and assignment of Metro's interest in the Easements or(b)operate and maintain a trail across
the Easements for longer than one(1)year after trail construction,Tigard shall,at Metro's written
request,assign,transfer and convey back to Metro all of Tigard's estate,right,title,and interest in,to, and
under the Easements.
Term. This Agreement shall continue in effect unless modified or terminated as provided herein. The
parties may,by written agreement signed by each party,terminate all or a part of this Agreement based
upon a determination that such action is in the public interest.
Oregon Constitution and Tax Exempt Bond Covenants. Metro's source of funds for the acquisition of
the Easements is from the sale of voter-approved general obligation bonds that are to be paid from ad
valorem property taxes exempt from the limitations of Article XI, section I I(b), I I(c), 11(d)and 11(e)of
the Oregon Constitution. The interest paid by Metro to bond holders is currently exempt from federal and
Oregon income taxes. The City covenants that,during the term of this Agreement, it will take no action
that would cause Metro to be unable to maintain the current status of the real property taxes as exempt
from Oregon's constitutional limitations or the income tax exempt status of the bond interest. In the
event the City breaches this covenant,and fails to cure such breach within sixty(60)days after the date
the City receives written notice of such breach from Metro,Metro shall be entitled to seek whatever
remedies are available at law or in equity to either cure the default or to compensate Metro for any loss it
may suffer as a result thereof.
Mutual Indemnification. To the maximum extent permitted by law and subject to the Oregon
Constitution and the Oregon Tort Claims Act,ORS Chapter 30,the City shall defend, indemnify,and
save harmless Metro and Metro's officers,employees,and agents from and against any and all liabilities,
damages, claims, demands,judgments,losses,costs,expenses, fines, suits,and actions,whether arising in
tort,contract,or by operation of any statute, including but not limited to attorneys' fees and expenses at
trial and on appeal,arising out of or in any way connected with the performance of this Agreement by the
City or the City's officers,employees,or agents. To the maximum extent permitted by law and subject to
the Oregon Constitution and the Oregon Tort Claims Act,ORS Chapter 30,Metro shall defend,
indemnify,and save harmless the City and the City's officers, employees,and agents from and against
any and all liabilities, damages,claims,demands,judgments, losses,costs,expenses,fines, suits,and
actions,whether arising in tort,contract,or by operation of any statute, including but not limited to
attorneys' fees and expenses at tial and on appeal,arising out of or in any way connected with the
performance of this Agreement by Metro or Metro's officers,employees,or agents.
Oregon Law. The laws of the State of Oregon shall govern this Agreement, and both Metro and the City
hereby submit to the jurisdiction of the courts of the State of Oregon.
Severability. Entire Agreement;Modifications. If any covenant or provision of this Agreement shall
be adjudged void, such adjudication shall not affect the validity,obligation,or performance of any other
covenant or provision of this Agreement which in itself is valid,if such remainder would then continue to
conform with the terms and requirements of applicable law and the intent of this Agreement.This
Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written
agreements or representations relating to the Property. No waiver,consent,modification,amendment,or
other change of terms of this Agreement shall bind either party unless in writing and signed by both
parties.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of
signature specified below.
CITY OF TIGARD METRO
'-000�or
By: r/lg
Print Name: M ha Bennett
Title: G Chief Operating Officer
Date: Z Date:
I
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EXHIBIT A
Form of Assignment
Assignee's Name and Address:
The City of Tigard
13125 SW Hall Boulevard
Tigard,OR 97223
Assignor's Name and Address:
Metro
Office of Metro Attorney
600 NE Grand Avenue
Portland,OR 97232-2736
AFTER RECORDING,RETURN TO:
The City of Tigard
City Engineer
13125 SW Hall Boulevard
Tigard,OR 97223
ASSIGNMENT OF EASEMENT
This ASSIGNMENT OF EASEMENT("Assignment")is made as of the last date of signature herein (the
"Effective Date")by between Metro,an Oregon municipal corporation("Metro"),and the City of Tigard,
an Oregon municipal corporation("Tigard").
Recitals
WHEREAS,Metro is the holder of that certain Trail Easement dated ,granted by
and recorded in the real property records of Washington County Oregon on
as Document No. (the"Easement").
WHEREAS, in accordance with the Intergovernmental Agreement entered into between the parties on
,2012,and as permitted under Section 14 of the Easement,Metro wishes to assign all of
its right,title and interest under the Easement to Tigard and Tigard wishes to accept and assume all of the
right,title and interest of Metro thereunder.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are
hereby acknowledged,Metro and Tigard agree as follows:
Agreement
1. Metro hereby assigns,transfers,conveys,and sets over to Tigard all of Metro's estate,right,title,and
interest in,to,and under the Easement.Tigard hereby accepts the forgoing assignment and assumes all of
the duties,obligations,and responsibilities of the holder of the Easement.
2. Metro has notified that the Easement is being assigned to Tigard.
This Assignment shall be governed by and construed under the laws of the State of Oregon. In case any
of the provisions of this Assignment shall at any time be held by a court of competent jurisdiction to be
illegal,invalid or unenforceable for any reason, such illegality,invalidity,unenforceability shall not
EX13 BIT A
Form of Assignment
affect the remaining provisions of this Assignment,and such remaining provisions shall be construed and
enforced to the fullest extent permitted by law.
CITY OF TIGARD METRO
By: By:
Martha J.Bennett
Name: Chief Operating Officer
Title: Date:
Date:
State of OREGON
County of
This instrument was acknowledged before me on 201_by
Oregon municipal corporation. as of the City of Tigard,an
Notary Public-State of Oregon
State of OREGON
County of Multnomah
This instrument was acknowledged before me on 201_by
Martha J. Bennett as Chief Operating Officer of Metro,an Oregon municipal corporation.
i
Notary Public-State of Oregon