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8. ~.. I'. " ~ ~ <br />.. ~. `' '..t~' .. <br />1 '' ' <br />MEMORANDUM OF UNDERSTANDING <br />Document No. 9914 <br />~~ ~~~~~Q~ ~~q <br />BETWEEN: The City of Eugene, amunicipal <br />Corporation of tlie State'of Oregon ("City") <br />AND: Eugene Water & Electric Board, <br />a municipal utility owned by the <br />the City of Eugene ("EWEB") <br />EFFECTIVE DATE: _ , 1999 <br />RECITALS <br />A. City is a municipal corporation of the state of Oregon, organized and constituted by <br />the Eugene Charter of 1976 ("Charter"). <br />B. EWEB is a municipal,utility owned by City, which exercises the power of City with <br />respect to water, electric and steam utilities, pursuant to the Charter. <br />C. EWEB acquired from Lane County, Oregon ("County") certain real property known <br />as the Jordan Pit property {"the Site"), bounded by the McKenzie River on the north, <br />Camp Harlow property on the east, Wildish Sand and Gravel property on the west. <br />The Site appears on tax map # 17-03-04-00 as tax lot #00-302. After the purchase, <br />the Site was found.to.contain wasfe tires, having been used as a tire disposal site. <br />County has acknowledged its responsibility to assist with funding the cleanup of the <br />Site; <br />D. County has agreed to contritiute to City $45,000 in road funds for City traffic safety <br />programs in orcler that City contribute $45,000 iri general funds to EWEB ~o assist <br />with the cleanup of the waste tires at the Site. <br />AGREEMENT <br />l. Following County's payment of the $45,000 referred to in Recital D, above, City <br />agrees to transfer to EWEB the sum of $45,000 in general funds to assist in the <br />cleanup of the waste tires at the Site. <br />2. EWEB agrees that the $45,000 in funds will be used solely to clean up the waste tires <br />at the Site, that City shall not be responsible for any costs or expenses incurred by <br />EWEB in cleaning up the waste tires at the Site, and that Gity shall bear no liability <br />for waste tires on tlie Site or for cleanup of the Site. EWEB further agrees to defend, <br />indemnify and hol'd harmless City from any claim or demand of any nature related <br />to the presence of waste tires at the Site. <br />99conVligu\city_mou 416199 ' . ,. . p~C 1 Of 2 <br />