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<br />City of Eugene <br />River Road IGA <br />Page 2 <br /> <br />CITY AGREES TO: <br /> <br />1. Provide street lighting design to COUNTY for incorporation into project plans <br />and specifications by February 28,2000. CITY agrees not to charge COUNTY for street <br />lighting design. <br /> <br />2. Authorize COUNTY to work within right-of-way dedicated and annexed as <br />conditions of approval for the LINDSAY GROVE and VILLAGE AT SPRING CREEK <br />subdivisions by CITY, including properties encumbered under a developer/owner <br />irrevocable petition with CITY. When project is completed, the dedicated areas will be <br />incorporated into the legal COUNTY road right-of-way. <br /> <br />3. Present to the Eugene City Council, with City staff's recommendation for <br />approval, a resolution to approve the improvement project that is the subject of this <br />Agreement and to authorize COUNTY to assess any benefiting properties under the <br />jurisdiction of CITY, in accordance with ORS 203.132. Credit for existing curb, gutter <br />and sidewalk will be given in accordance with COUNTY policy. <br /> <br />4. Grant and otherwise assign to COUNTY all of CITY's rights under all <br />irrevocable petitions that CITY holds regarding any of the properties to be assessed <br />within the project area. <br /> <br />5. Own and maintain street lighting within project area. This provision will <br />survive termination of this agreement. <br /> <br />BOTH PARTIES AGREE: <br /> <br />1. The term of this agreement commences upon the date of the final execution <br />thereof and terminates three years from the execution date unless mutually agreed by <br />both parties to extend the termination date. <br /> <br />2. To the extent allowed by the Oregon Constitution and the Oregon Tort Claims <br />Act, each of the parties hereto agree to indemnify and save the other harmless from any <br />claims, liability or damages resulting from any error, omission or act of negligence on the <br />part of the indemnifying party, its officers, agents or employees relative to the <br />responsibilities of the indemnifying party in performance of this agreement. <br /> <br />********* <br /> <br />CITY OF EUGENE <br /> <br />LANE COUNTY <br /> <br />By: <br />James R. Carlson <br /> <br />By: <br /> <br />William A. Van Vactor <br /> <br />Title: City Manager, pro tern <br /> <br />Title: County Administrator <br /> <br />Date: <br /> <br />Date: <br />