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Misc. Contracts and Agreements <br /> No. 26219 <br /> INTERGOVERNMENTAL AGREEMENT <br /> between <br /> City of Eugene Oregon <br /> and <br /> Oregon Department of Transportation <br /> Project Name: 1 - Right of Way Access- City of Eugene Whilamut Natural Area <br /> Facility Enhancements and Maintenance Agreement <br /> THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, <br /> acting by and through its Department of Transportation, hereinafter referred to as "State "; <br /> and the City of Eugene, a municipal corporation PUBLIC WORKS OFFICE, acting by and <br /> through its elected officials, hereinafter referred to as "Agency," collectively hereinafter <br /> referred to as the "Parties." <br /> RECITALS <br /> 1. By the authority granted in Oregon Revised Statues (ORS) 190.110 and 283.110, <br /> state agencies may enter into agreements with units of local governments or other <br /> state agencies for the performance of any or all functions and activities that a party to <br /> the agreement, its officers, or agents have authority to perform. <br /> 2. State has jurisdiction of the 1 -5 right of way, through which Agency's portions of <br /> Whilamut Natural Area (WNA), Canoe Canal, multiple -use paths, soft - trail, design <br /> enhancements and landscaping features across State right of way and for the western <br /> slope area within 1 -5 right of way. Canoe Canal, multiple -use paths, soft- trail, design <br /> enhancements and landscaping features are located in the Agency's portion of WNA, <br /> located along the north side of Willamette River, east and west of 1 -5, within the <br /> boundary of the City of Eugene OR, hereafter referred to as project. <br /> 3. The Willamette River Bridge 06875 (Walnut Road Underpass) and Canoe Canal <br /> Bridge 06875A on 1 -5 will be replaced as part of the OTIA III Bridge Program. State <br /> proposes to reconstruct and /or construct design enhancements and portions of <br /> Agency's Canoe Canal, multiple -use paths, soft-trail and landscape features within <br /> Agency's portion of WNA and within State 1 -5 right of way. <br /> 4. Agency has responsibility for their portion of WNA, Canoe Canal structure, design <br /> enhancements, landscaping features, and three (3) multiple -use paths and a soft - <br /> surface trail, known as Pre's Trail that across State 1 -5 right of way from the western <br /> boundary up to centerline of 1 -5 right of way. <br /> Key 14259 Page 1 of 17 <br />