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City of Eugene Contract #2009-00219 <br /> INTERGOVERNMENTAL AGREEMENT FOR <br /> FACILITIES RELOCATION ON BASKETBALL ARENA SITE <br /> BETWEEN: The City of Eugene, an Oregon (City) <br /> municipal corporation <br /> AND: The State of Oregon through the <br /> State Board of Higher Education on <br /> behalf of the University of Oregon (University) <br /> RECITALS <br /> A. ORS 190.110 provides that a unit of local government and a state agency may <br /> enter into an agreement to cooperate for any lawful purpose. <br /> B. University is planning to develop certain property within the city of Eugene for the <br /> purpose of building a new basketball arena. In general terms, the development <br /> is planned to occur on approximately 7.4 acres of property owned by University <br /> located on the south side of Franklin Boulevard where East 13th Avenue <br /> intersec#s with Franklin (the Property). <br /> C. Qwest Corporation (Qwest) is a licensee of City for purposes of allowing it to <br /> place its facilities within City rights-of-way. Qwest has facilities located on the <br /> Property within rights-of-way that are being vacated by the City. Development of <br /> a basketball arena on the Property will require relocation of the current facilities <br /> located on the Property. <br /> D. Qwest provided to the parties. that it will complete the t~elocation work for <br /> $110,054.85 and requires an advance payment of that amount. <br /> E. Eugene Code 7.302 governs the location of facilities within City rights-of-way. <br /> The code provision allows the City to require a licensee to relocate facilities when <br /> it is necessary for the proper use of a public way. <br /> F. The City and the University desire to enter into an agreement whereby each will <br /> provide the services described in this Agreement on the terms and conditions set <br /> forth herein. <br /> AGREEMENT <br /> <br /> 1. Based upon the above recitals, the parties agree as follows. <br /> _ <br /> <br />