. L~Z 1 O'~VVO" vv~v b <br /> . ' <br /> <br /> i <br /> _ ~ . <br /> THIS AGREEMENT enfered 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 /> 1. ORS 190.010 and the Lane County Home Rule Charter provide that units of local <br /> coons and activities <br /> e s o t e erformance of an and all fun <br /> government may enter into agreem nt f r. h p y <br /> that a party to the agreements, its officers or agents, have authority to perform; and <br /> 2. ORS 373.260(1)(a) provides that counties and• cities may enter into intergovernmental <br /> agreements for the construction, improvement or repair of, and the acquisition of right-of-way for <br /> any county road or city street within the corporate limits of the city; and . <br /> 3. Through approval of Board Order No. 01=12-1211, the Fl( 01102 through FY 05106 <br /> Capital Improvement Program was amended to include a list of Capital Project Partnership <br /> (CaPP).projects for funding. The Lane County Board of Commissioners has allocated <br /> . $9,101,180 to the.Capital Project Partnership Program for award to eligible projects. <br /> . 4. CITY has proposed opening the three blocks of Broadway Street between Oak Street <br /> ~ and Chamelton Street to vehicular traffic, as depicted in the attached EXHIBIT A (the °Project"), <br /> which by this reference is.made a part of this Agreement. CITY'S total estimated construction <br /> cost for the Project is $2,600,000. <br /> S. Througti•approval of Board Order No: 01=92-12-11, COUNTY declared the Project to <br /> be.a CaPP project and granted $1,600,000 to CiTY'under COUNTY'S CaPP Program to assist <br /> with those Project costs (referred to herein as °Road Fund Eligible Expenditures") that may be <br /> financed with revenues described in Article IX, Section 3(a) of the Oregon Constitution.. <br /> AGREEMENTS <br /> COUNTY AGREES TO:-. <br /> 1. COUNTY,.per Board Order No. 01-12-12-11, grants CITY up to $1,600,000 to be used <br /> . for Road Fund eligible expenditures allowable under the Oregon Constitution, Article IX, Section <br /> ~ 3a for project costs associated with the reopening of Broadway Street between Oak Street and • <br /> Chamelton Street. ~ • <br /> . ~ 2. COUNTY shall make advance payments to CITY within thirty (30) days of receipt of <br /> CIT1rS invoices for the current month's estimated Road Fund Eligible project expenditures; . <br /> 'provided that such invoices shall be in accordance with all pertinent laws-and regulations required <br /> of and by COUNTY and upon satisfaction of all agreement terms: <br /> . CITY AGREES TO: <br /> 1. CITY agrees to use COUNTY grant funds solely for project costs that are Road Fund <br /> eligible expenditures. CITY agrees to provide funding for project costs which are not Road Fund <br /> Eligible expenditures, or which exceed COUNTY'S grant amount. CITY shall submit requests for • <br /> progress payment to COUNTY not more frequently than once per calendar month. CITY . <br /> • promises that not more~than 6% of the amount received from COUNTY shall be applied to <br /> expenditures for landscaping. <br /> <br />