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<br /> i <br /> ~ ~ Delta Ponds Path and Bridge Project <br /> City of Eugene <br /> FY 2009 <br /> City Project No. 4378 <br /> City of Eugene Contract #2009-00262 <br /> THIS AGREEMENT entered into by and between Lane County, a political subdivision of <br /> the State of Oregon, hereinafter referred to as COUNTY, and the City of Eugene, a municipal <br /> corporation of the State of Oregon, hereinafter referred to as CITY. <br /> RECITALS <br /> WHEREAS, Lane Manual 21.124, ORS 190.010 and the Lane County Home Rule Charter, <br /> provide that units of local government may enter into agreements for the performance of any <br /> and all functions and activities that a party to the agreements, its officers or agents, have <br /> authority to perform; and <br /> WHEREAS Of~S 373.260(1)(a) provides that counties and cities may enter into <br /> intergovernmental agreements for the construction, improvement or repair of, and the <br /> acquisition of right-of-way for any county road or city street within the corporate limits of the city; <br /> and <br /> WHEREAS, CITY plans to construct the.Delta Ponds Path and Bridge Project ("Project") <br /> between Goodpasture Island Road and Robin Hood Lane within the City of Eugene using a <br /> combination of federal funds and local System Development Charges during the 2009-2011 <br /> construction seasons; and <br /> WHEREAS, the proposed path includes arable-stayed suspension pedestrian/bicycle bridge <br /> over Delta Highway, County Maintenance Road No. 1740-00, aCounty-maintained facility; and <br /> WHEREAS, CITY will require temporary rights during the construction period of the project as <br /> well as permanent rights upon completion of the project to allow the bridge to remain within <br /> County right-of-way and to allow the continuing maintenance, repair and/or reconstruction of <br /> said structure by CITY. <br /> AGREEMENT <br /> COUNTY AGREES TO: <br /> 1. Issue a Facility Permit to CITY to allow construction and continued operations of the <br /> Project within County right-of-way contingent upon COUNTY approval of CITY construction <br /> plans and specifications and other associated documents as applicable. <br /> 2. Convey the necessary permanent surface and air rights in substantially the form as <br /> shown attached as "Exhibit A" over Delta Highway as well as any necessary temporary <br /> construction easements required for the Project.. <br /> <br />