LLOYD BUSINESS IMPROVEMENT DISTRICT

Agreement with the City of Portland, Office of Transportation

 

 The Lloyd District Business District (BID) and the City of Portland, Office of Transportation (City), hereby enter this Agreement on the ______day of __________, 2002.

 

RECITALS:

 

A.  The Lloyd Business Improvement District (BID), a non-profit corporation, is organized and operated to encourage and participate in programs to assure the continued health and development of, and pride in, the Lloyd Business District of the City of Portland by making it a better place in which to live, work and visit.

B.  The Lloyd Transportation Management Association (TMA), a non-profit business organization, is organized and operated to promote the economic vitality of the Lloyd District through the provision of programs, advocacy, education and other services to businesses in the area of transportation demand management.

C.  The Lloyd District Development Strategy (Strategy), endorsed by both the BID and TMA, calls for the development of a “transit hub” between NE 7th and 9th Avenues at Multnomah Street and the incorporation of mixed-use development with a strong emphasis on transit facilities.

D.  The BID and TMA also support the addition of an eastside streetcar line, which will act as a catalyst to the private redevelopment of underutilized sites in the Lloyd Central Core, and have sought assistance from the City to study the issue.

E.  The City of Portland (City), through its Office of Transportation (PDOT), has developed a scope of work to analyze alignment alternatives on the eastside and to recommend an initial eastside Streetcar project, including conceptual design, capital and operating costs and a preliminary implementation plan.

F.  The total cost of the Eastside Streetcar Alignment Study (Study) is $175,000 and is estimated to be completed in 6 months.

G.  On October 9, 2002 the Portland Development Commission (PDC) adopted Resolution No. 5931 granting authority to amend the Master Interagency Agreement with the Portland Office of Transportation (PDOT) in the amount of $100,000 from the Oregon Convention Center Urban Renewal funds for the Eastside Streetcar Alignment Study (Study) and PDOT has committed $25,000 in budgeted funds for the Study.

H.  The BID also wishes to participate in the funding of the Study in an amount not to exceed $50,000.

I.  PDOT intends to amend its agreement with Portland Streetcar, Inc. to provide project management expertise and community involvement and other services needed to complete the work called for in the Study.

J.  PDOT also intends to issue a Request for Proposals for an engineering consultant to provide schematic engineering and other services for the Study.

AGREEMENT:

 

1.  THE CITY AGREES:

 

a.  To perform, or cause to be performed, the services described in the Scope of Work and within the Budget shown as Exhibit A.

b.  To provide all services in a competent and professional manner.

c.  To maintain records of all project technical and financial data in support of the services to be performed; such records are to be available to the BID within seven (7) days of written request. All records shall be retained and made available for examination until three (3) years after the budget year in which they were created.

 

2.  THE BID AGREES:

 

a.  To participate in the funding of services described in the Scope of Work in an amount not to exceed $50,000.

b.  To provide representatives from the BID to participate on advisory committees and in public meetings.

 

3.  TERM OF THE AGREEMENT.

 

a.  The term of this Agreement shall be for 6 months, commencing on November 1, 2002, and terminating on June 30, 2003.

b.  Either party may terminate this Agreement with thirty (30) days prior written notice sent to the other party by prepaid US mail.

 

 

4.  BILLING AND PAYMENT:

The BID’s compensation shall be $50,000, payable in monthly installments of approximately $8,333 each , as set out in the following schedule:

 

   Amount    Billing Date      Due Date

   $8,333.33    December 1, 2002    January 1, 2003

   $8,333.33    January 2, 2003      February 1, 2003

   $8,333.34    February 1, 2003    March 1, 2003

   $8,333.33    March 1, 2003      April l, 2003

   $8,333.33    April 1, 2003      May 1, 2003

   $8,333.34    May 1, 2003      June 1, 2003

 

 

5.  AMENDMENTS.

 

This Agreement shall not be modified or amended unless agreed to in writing by each party. Such written amendment shall be made a part of this Agreement.

 

6.  NOTIFICATION.

 

Notification shall be presumed to have taken place when notices or other information have been deposited in regular, prepaid US mail and mailed to the following addresses:

 

Lloyd Business Improvement District      Lloyd TMA

Attn: Tom Fuller          Attn: Rick Williams

115 NW 1st Ave, Ste 200        700 NE Multnomah St, Ste 340

Portland OR 97209          Portland OR 97232

 

City of Portland

Attn: Vicky L. Diede

Office of Transportation

1120 SW 5th Ave, Ste 800

Portland OR 97204

 

 

7.  ENTIRE AGREEMENT.

 

This Agreement constitutes the entire Agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified herein regarding this agreement.

 

 

APPROVALS:

 

LLOYD BUSINESS IMPROVEMENT DISTRICT  

 

 

 

By:              

 

 

Title:              

 

 

CITY OF PORTLAND            APPROVED AS TO FORM  

 

 

By:                By:          

 

 

Title:                Title:          

 

 

 

By:              

 

 

Title: