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October 28, 1997 <br />Miscellaneous Contracts & Agreements <br />No. 15,017 <br />INTERGOVERNMENTAL 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 />the CITY OF EUGENE, acting by and through its Elected Officials, hereinafter referred to <br />as "City"; and the EUGENE WATER & ELECTRIC BOARD, hereinafter referred to as <br />"EWER". <br />RECITALS <br />1. Beltline Highway is a roadway within the state highway system under the jurisdiction <br />and control of the Oregon Transportation Commission. <br />2. By the authority granted in ORS 190.110, ORS 366.770 and 366.775, State may enter <br />into agreements with cities and other units of local government for the performance of <br />any or all functions and activities that a party to the agreement, its officers or agents, <br />have the authority to perform. <br />3. State, City and EWEB desire to enter into this agreement wherein State constructs a <br />bicycle path and soundwall and build slopes along the west side of the Beltline . <br />Highway between W. 11th Avenue and. Highway 99_in the City of Eugene, hereinafter <br />referred to as "project" and located approximately as shown on Exhibit A, attached <br />hereto and by this reference made a part. hereof. The project will be built (in. part) on <br />EWEB's property. The initial project construction will be totally funded by State. <br />4. The project described herein is a part of the larger W. 11th - North City Limits (all <br />stages) construction project. <br />NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, <br />it is agreed by and between the parties hereto as follows: <br />STATE OBLIGATIONS <br />State shall, at its own expense, construct a bicycle path and a soundwall and build <br />slopes along the west side of Beltline Highway between W. 11th Street and Highway 99 <br />on EWEB property, in such a manner as to: <br />a) Not endanger EWEB's facilities and to keep clear of EWEB's facilities as much <br />as possible. <br />97-0042~ <br />