MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PORTLAND, OREGON

AND

OREGON HEALTH & SCIENCE UNIVERSITY

The parties to this Memorandum of Understanding (“MOU”) are the City of Portland, Oregon (“City”), a municipal corporation and Oregon Health & Science University (“OHSU”) a public corporation. The MOU shall be effective on the date set out on the final page of this MOU.

RECITALS

a)  The City and OHSU recognize that their future is intrinsically linked and that the success of each is based in part on their mutual cooperative efforts. OHSU and the City wish to establish through this MOU a continued partnership on a wide array of issues as well as an agreement about specific tasks and activities that each party will undertake and complete to advance their missions and ongoing success. Both parties recognize that achievement of the actions and goals described in this MOU are mutually beneficial.

b)  For over five years the City and OHSU have worked collaboratively on two long range planning efforts, the Marquam Hill Plan (MHP) and the South Waterfront Plan (SoWaP) that will guide and influence OHSU’s future development on Marquam Hill and in the Central City.

c)  To assure that certain outcomes contemplated in the MHP and SoWaP are achieved within a reasonable time frame, the City and OHSU are entering into written agreements that detail the necessary actions that are the responsibility of each party. The Portland Development Commission signed a Development Agreement with OHSU and other parties that addresses the SoWaP elements. This MOU reflects the partnership and cooperation between OHSU and the City and focuses on the implementation of the MHP elements.

d)  Many of the items included in this MOU address and implement the MHP. With plans to develop or redevelop over 3 million square feet on Marquam Hill over the next 30 years, OHSU is the single largest development on Marquam Hill, which also includes the Veterans Affairs Medical Center and Shriners Hospital for Children. The MHP includes many objectives and actions that are aimed at encouraging OHSU’s continued progress on Marquam Hill while minimizing and mitigating impacts on the surrounding residential area, parks and natural areas. This MOU focuses on the critical growth and mitigation elements to ensure the public interest is furthered while OHSU continues its expansion on Marquam Hill.

e)  Items included in this MOU generally state an intention to complete specific tasks or activities or a willingness to continue to discuss the tasks until agreement is reached. An Intergovernmental Agreement (IGA) or other instrument that provides for funding is required to bring some of the items to fruition. For some, an IGA or other agreement has already been completed. For others, further discussion and refinement is needed before an IGA or other agreement can be negotiated and prepared. Items that require further negotiation include a specific time frame for completion of a funding agreement. Still others do not require a funding agreement and their implementation and monitoring is detailed in this MOU.

f)  This MOU also contains a mechanism for ongoing communication between OHSU, the City and the community and periodic assessment of the City’s and OHSU’s efforts to implement the objectives of the MOU. As the City’s and OHSU’s mutual objectives evolve, this MOU will serve as a means to incorporate those new and amended goals.

I.  EDUCATION AND JOB PREPARATION

a)  OHSU and the PDC will actively work with a variety of organizations in Portland and Oregon that pursue and provide elementary, secondary and higher education to assure that more Oregonians are prepared for jobs in bioscience, biomedicine, bioengineering and biotechnology. Both organizations will actively encourage and advocate for adequate funding for educational programs that will fulfill this goal. OHSU and PDC will seek to partner with organizations such as Portland State University, Portland Community College, Oregon University System, Portland Public Schools, the Institutional Coalition and others in achieving this outcome.

b)  Currently OHSU has a rich set of programs that seek to advance science education throughout Portland and Oregon. These programs 1) attract children in secondary and higher education to health and medicine related fields; 2) provide education, information and services to classroom teachers and school administrators; 3) develop OHSU faculty, students and staff to be better teachers, mentors and translators of science; 4) provide scientific education to the general public; and 5) develop and improve OHSU’s infrastructure to support these programs. The 2002 grants received by OHSU that help implement these programs totaled over $1.2 million. OHSU will continue to maintain and expand these “pipeline” programs and seek funds for the maintenance and expansion of these efforts. Exhibit A of this MOU compiles and describes the current programs and some of the ideas for additional grants that are being sought.

c)  OHSU and the City are specifically concerned that the pipeline of students enrolled in science and math programs are at a 40-year low. To begin reversing this trend, OHSU is interested in strengthening links between OHSU and the Portland Public Schools (PPS) science and math programs. The City has a strong and ongoing relationship with PPS. To further OHSU’s goal, the City will act as liaison and help establish and maintain contacts between OHSU and PPS. The City and OHSU will also collaborate with Portland State University, an important partner in this effort.

d)  By February 1, 2006 and annually thereafter, OHSU and the City will produce a report, as part of their mutual periodic assessment process, that describes their ongoing efforts with regard to Education and Job Preparation. As part of this assessment, the City and OHSU will compile and describe current programs and identity strategies for additional programs, if appropriate.

II.  BUILDING A BIOSCIENCE INDUSTRY

a)  OHSU and the City will actively work with a variety of organizations in Portland and Oregon to pursue the development of a bioscience industry. These efforts will be aimed principally at marketing, networking, commercialization efforts, development of venture capital and gap funding, and other activities to simulate and promote the bioscience, biomedicine, bioengineering and biotechnology in Portland. A key goal of this collaboration is to consolidate interests and efforts around the development of a Science and Technology Quarter in Portland’s Central City. OHSU and the City will seek to partner with organizations such as the Portland Development Commission (PDC), Oregon Economic Development Commission, Oregon Bioscience Association, Portland State University, the Institutional Coalition and others in achieving this outcome.

b)  The City and OHSU agree to participate in the bioscience industry development strategies outlined in, or referred to in Section 11 of the South Waterfront Development Agreement for the life of that Agreement.

c)  By February 1, 2006, and annually thereafter, OHSU and the City will produce a report, as part of their mutual periodic assessment process, describing their ongoing efforts with regard to building a Bioscience Industry. As part of this assessment, the City and OHSU will compile and describe current programs and identify strategies for additional programs, if appropriate.

III.  OHSU SOUTH WATERFRONT PLANNING

a)  The City and OHSU agree to continue to work to implement the South Waterfront Plan and to coordinate planning efforts throughout the district. Coordination efforts will focus on OSHU development within the Central District and within those portions of the district recently donated to OHSU to develop the university’s Schnitzer Campus. OHSU agrees to participate in ongoing planning efforts in South Waterfront designed to implement the Greenway Development Plan, Portland Streetcar extension, implementation of the South Waterfront Street Plan, and other efforts affecting their properties within the district.

b)  The City agrees to assist OHSU in master planning efforts related to the development of the new Schnitzer Campus as this campus begins to evolve and develop over the life of the MOU.

c)  OHSU and the City will continue to focus on the development of a Science and Technology Quarter within the Central City as a part of continued planning efforts within the Central City and specifically within the South Waterfront District.

IV.  NATURAL RESOURCE STEWARDSHIP

a)  The City and OHSU recognize the importance of a healthy environment to the health of human beings and wildlife. OHSU and the City support preservation of the natural resources in parks, natural areas, and undeveloped lands surrounding OHSU. The City and OHSU agree that it is important to identify significant natural resources in these areas, and to develop and implement strategies to protect, enhance and restore health and function of natural resources on the Hill. The City and OHSU also agree that such strategies should reflect the following principles:

1)  Development and resource management decisions will take into consideration watershed conditions and goals. Development and resource management decisions will also take into consideration how those decisions will affect interrelationships between hydrology e.g., stream flow, stormwater runoff), water quality, and habitat health.

2)  Development decisions will aim first to avoid impacts to natural resources. If this is not feasible, then such actions will minimize impacts and mitigate impacts that are unavoidable.

b)  The Portland Bureau of Planning is currently updating the City’s inventories of significant natural resources to reflect recent science and new information regarding water bodies, riparian resources and wildlife habitat. This work will be compatible with Metro’s recently adopted inventory of regionally significant fish and wildlife habitat areas but will contain a greater level of detail. The updated inventory will be used to inform an update to Portland’s current environmental zoning program, the Willamette River Greenway Program and other programs. It will also provide helpful information in designing and implementing revegetation and stewardship projects.

The City will collaborate with OHSU during completion of the natural resource inventory update, and during development of subsequent protection and enhancement program tools. The BOP will provide OHSU with Metro inventory information, newly developed information on streams and vegetation, and draft City inventory maps (if available) for lands owned by OHSU within the Marquam Hill Plan District. The BOP will also collaborate actively with OHSU in conducting an analysis of the Economic, Social, Environmental, and Energy (ESEE) consequences of allowing conflicting uses in identified resource areas to ensure that OHSU priorities are adequately considered in determining appropriate levels of resource protection and conservation.

OHSU will review and provide input on the accuracy of the City’s inventory and will provide additional detail of natural resources not included on the City inventory. OHSU will provide the City with permission to enter their property for resource verification purposes.

c)  OHSU will utilize the inventory information discussed above to develop a proactive natural resource protection and enhancement strategy with goals and targets to address:

•  Protection and conservation of resource values and function in accordance with City regulations.

•  Invasive species removal and revegetation with an emphasis on native vegetation (including a commitment that landscaping on OHSU’s Marquam Hill Campus will not include plants identified as nuisance or prohibited plants on the Portland Plant List)

•  Stormwater management (see below)

•  Stream channel, riparian and upland habitat restoration and protection.

•  Coordination with the stewardship activities of local neighborhood and environmental organizations – including participation in their efforts and outreach to promote these activities with OHSU staff and the nearby community

•  OHSU internal decision-making policies for facilities management to avoid, minimize and mitigate impacts on natural resources (e.g. environmentally-sensitive landscape maintenance practices)

•  Employee training – e.g., construction, maintenance

OHSU will coordinate with the City in developing the draft strategy, and will provide the draft strategy for City review. The City will comment on the draft and provide technical assistance to support implementation of the strategy (e.g. designing cost-effective projects to remove invasive species and Naturescaping classes for employees).

The City will schedule and participate in discussions with OHSU, the Three Rivers Land Conservancy, and potentially other stakeholders to address invasive species concerns. OHSU will participate in these discussions in good faith. Participants will explore options for creating a coalition to develop and implement an invasive species removal strategy.

d)  OHSU will develop a work plan to complete the natural resource items outlined in sections a through c above within 6 months of the effective date of this MOU. The natural resource strategy initiated will be implemented within 1 year of the completion of the work plan. If the City inventory is not complete within 6 months of the effective date of the MOU, the timelines in this Section will be delayed 1 year or until the inventory update is complete.

e)  OHSU will pursue a significant dedication or conservation easement for OHSU's Open Space zoned land located in the southern area of the Marquam Hill Campus. The dedication or easement will be granted to the City of Portland for park and open space uses. The Open Space area is approximately 45 acres in size representing one of the largest park donations to the City of Portland in recent history. This dedication or grant will be made without cost to the City of Portland. This grant represents OHSU's commitment to natural resource protection on Marquam Hill and will help further the City's objectives in preserving and acquiring parks lands for future generations

V.  TERWILLIGER PARKWAY STEWARDSHIP

a)  The City and OHSU recognize and value the unique characteristics of Terwilliger Parkway. Both parties support the policies of the Terwilliger Corridor Parkway Plan and the Terwilliger Parkway Design Guidelines as reflected in the MHP. As a successor to one of the original land donors that created Terwilliger Parkway, OHSU has a special history and ongoing commitment to the Parkway vision first described by John Olmsted in 1903, elaborated in 1907 by the Olmsted Brothers, and later adopted by the City in the Terwilliger Parkway Corridor Plan and reiterated in the MHP.

b)  In adopting the MHP the City Council balanced the growth of institutional uses on Marquam Hill and the impacts to Terwilliger Parkway. Council concluded that on balance the benefits derived through implementation of the MHP exceeded any impacts to the parkway. Council found that these impacts “are appropriately mitigated and that institutional traffic using Terwilliger Boulevard to access Marquam Hill is consistent with the polices of the Terwilliger Parkway Corridor Plan and Transportation Element of the Comprehensive Plan.” Through adoption of the MHP Council further reaffirmed OHSU’s right to use Terwilliger Boulevard and to cross the parkway for access to their campus as a successor in interest to the grantors of the deeds of gift that established Terwilliger Parkway as a “public boulevard and parkway for the benefit and use of the public.”

c)  City Council also recognized that OHSU’s Marquam Hill campus is an extremely difficult environment in which to develop and build large modern health care and research facilities. Construction access and materials staging can be particularly challenging and may require that areas adjacent to the campus be used for these purposes. To this end the City adopted in the Marquam Hill Plan District regulations that allow the use of land within Terwilliger Parkway for temporary construction activities, subject to receiving a permit from Portland Parks and Recreation.

d)  In the Transportation Policy (Policy 3) of the MHP, the City Council adopted policies and objectives to maintain accessibility to Marquam Hill and to limit or mitigate the impacts of that access. Several of the Policy’s objectives specifically call for limiting use of neighborhood streets and minimizing use of Terwilliger Blvd. south of Campus Drive. OHSU and the City acknowledge that the Vehicular Circulation Concept of the Marquam Hill Plan, as well as the OHSU Marquam Hill Transportation and Parking System Plan provide the framework and timing for the implementation of these objectives.

e)  The City and OHSU recognize that a series of comprehensive enhancements to Terwilliger Parkway are beneficial to the special character of Terwilliger Parkway and preserve its value as a scenic and recreational resource to the people of the City of Portland. To that end, the City will initiate a legislative process to update the Terwilliger Parkway Corridor Inventory, Plan, and Design Guidelines. This process will result in:

▪  An update of the Terwilliger Parkway Corridor Inventory to include an expanded history of the Parkway, and a more accurate assessment of existing conditions related to land use, visual and natural resources, traffic calming, and recreational use of the corridor.

▪  An update of the Terwilliger Parkway Corridor Plan including updated goals, policies and vision statement to address the contemporary role of the Parkway within the City of Portland. This update will include a new capital improvements plan for the Parkway that focuses on landscape maintenance and enhancements, furnishing upgrades, view point enhancements, and traffic calming techniques along the length of the corridor. This capital improvements plan will include a study of potential enhancements at the intersection of SW Campus Drive and Terwilliger Boulevard.

▪  An update of the Terwilliger Parkway Design Guidelines to ensure the guidelines address the contemporary land use pattern and potential development impacts along the corridor.

This legislative project will be conducted jointly by BOP, PPR and PDOT. OHSU agrees to provide $50,000 toward the funding of this project with the majority of the project being funded by the City. The project will commence when the remainders of the necessary funds become available.

VI.  STORMWATER MANAGEMENT

a)  The City and OHSU recognize the contribution that stormwater management makes toward a healthy environment. The City has been engaged for many years in efforts to reduce stormwater flow into the combined sewer system. OHSU and the City agree that a creative and comprehensive stormwater management strategy is warranted for OHSU properties within the Marquam Hill Plan District given the steep topography associated with Marquam Hill, the level of existing development, and presence of natural resources. OHSU and the City agree that such a strategy should reflect the following principles:

•  Manage stormwater as close to the source as possible to reduce or eliminate the volume of water and pollutants leaving the site.

•  Protect and enhance tree and revegetation canopy to help intercept and filter precipitation and runoff.

•  Minimize and where feasible reduce impacts from existing or proposed impervious surfaces such as streets, parking lots, rooftops, and other paved surfaces.

•  Enhance vegetative buffers and minimize disruption along stream corridors, springs and other water bodies to the maximum extent practicable.

•  Prevent and control erosion caused by construction and routine management activities.

•  Incorporate stormwater as a site amenity where feasible.

b)  OHSU will develop a stormwater management strategy for its properties on Marquam Hill. The strategy will include an assessment of current and future stormwater issues including an assessment of potential stormwater issues associated with existing and future development, and a set of actions and development approaches that reflect the principles listed above. The strategy will identify opportunities including but not limited to:

•  Retrofitting existing parking lots to treat stormwater on-site.

•  Increasing tree canopy and other landscaped areas.

•  Intercepting and treating stormwater in landscape areas.

•  Constructing ecoroofs.

•  Collecting roof stormwater for use in buildings or landscape irrigation.

•  Designing projects to minimize increases in effective impervious area.

•  Incorporating Low Impact Development (LID) principles and approaches for new development and redevelopment projects that will attempt to mimic natural hydrologic conditions by minimizing land disturbance and using landscaped solutions to the maximum extent feasible. Exhibit B (Sustainable Site Development: Stormwater Practices For New, Redevelopment, and Infill Projects) outlines the LID principles that will guide OHSU for new and redevelopment projects on Marquam Hill.

The City will provide technical assistance in the design, permitting and implementation of these efforts through pre-design meetings held between OHSU and BES.

c)  OHSU agrees to develop as part of its stormwater management strategy a Comprehensive Stormwater Management Plan for its facilities on Marquam Hill that includes the following information:

1)  A base plan identifying all public and private sewers, connection points, and labels for storm, sanitary, and combination systems.

2)  All public and private sewer and drainage easements and reserves.

3)  All water features and drainageways, including seeps and springs.

4)  All existing stormwater facilities, including clear identification of discharge points.

5)  An inventory of all existing impervious surfaces (including buildings, streets, and parking lots) and how stormwater is currently being managed.

6)  Future development plan and details about how stormwater will be treated, detained, and disposed (to 20 percent design).

7)  Identification of opportunities to minimize disturbance on existing parcels, retrofit impervious areas and provide additional stormwater treatment and detention through methods such as retrofitting existing parking lots to treat stormwater on-site; intercepting and treating stormwater in landscape areas; constructing ecoroofs, constructing water quality friendly/greenstreets; collecting roof stormwater for re-use, such as irrigating and flushing toilets.

8)  Basin analysis and hydraulic calculations as necessary to identify problems and retrofits benefiting City of Portland Watershed goals relating to hydrology, water quality, habitat and biological communities.

9)  Through the Stormwater Management Plan OHSU will also identify goals, benchmarks, timeframes and methods, OHSU will employ to new development and redevelopment activities in an effort reduce effective impervious surface and improve watershed health throughout the effective life of the MOU. Additionally, within 1 year of the completion of the Stormwater Management Plan, and annually thereafter as described in the Periodic Assessment process outlined in Section XVI below, OHSU will report on the success of their effective impervious surface reduction efforts.

d)  If OHSU provides a Stormwater Management Plan that meets BES approval and includes these elements, as well as the BES recently adopted Stormwater Disposal Hierarchy, BES will be able to provide expedited plan review. BES will also provide design assistance and guidance during the development of the Stormwater Management Plan.

e)  OHSU will develop a work plan to complete the stormwater management items outline in sections a through d above within 1 year of the effective date of this MOU. Stormwater management strategies and the Stormwater Management Plan will be completed within 1 year of the completion of the work plan.

VII.  ROADWAY IMPROVEMENTS ON SW 6^TH AVENUE

a)  OHSU and the City, though the Office of Transportation (PDOT) are working collaboratively to implement the roadway improvements for SW 6^th Avenue between SW Sheridan and Broadway that are described in the Marquam Hill Plan.

PDOT and OHSU entered into an Intergovernmental Agreement, Ordinance #178247, Contract #52189, approved by City Council on March 17, 2004, that incorporates a work program for the design and implementation of these improvements. The estimated schedule for substantial completion (i.e., open for use) of the improvements is May 1, 2005. This schedule is acceptable to OHSU, which acknowledges that these improvements on SW 6^th Avenue must be substantially complete in order for the City to authorize occupancy in the new parking facility that is being constructed for the new Patient Care Facility. The IGA referenced above specifies that PDOT will provide right-of-way acquisition services as needed, communication with affected neighborhood associations, and project notification to neighbors.

VIII.  SUSPENDED CABLE TRANSPORTATION SYSTEM

a)  In Resolution 36085, Portland City Council directed PDOT to work collaboratively with Portland Aerial Transportation, Inc (PATI) and to proceed with a design competition for an aerial tram connecting Marquam Hill with the South Waterfront District. OHSU, as a member of PATI, participated in the competition process, which was completed in March 2003. PDOT established a Tram Community Advisory Committee in March 2003 to provide community feedback and input on the next steps in designing and building the tram system. OHSU is, and will continue to be, an active participant in that group until it is disbanded. Through the CAC process, both parties continue to consider means and methods to mitigate potential impacts from this tram system as part of the design build phase.

b)  The City, through the Portland Development Commission (PDC), and OHSU, along with other entities, entered into a Development Agreement for the South Waterfront Central District in September 2003 that specifies the cost sharing for both capital and operating expenses associated with the planned aerial tram. OHSU agrees to continue to work collaboratively with PDOT and PDC in efforts to establish a strategy to fund capitol and operating cost related to the development and operation of the aerial tram.

IX.  REGIONAL TRANSPORTATION SYSTEM IMPROVEMENTS

a)  OHSU and the City acknowledge that several regional and local transportation system improvements are desired to improve the livability and vitality of the residential neighborhoods on and near Marquam Hill. OHSU and the City agree to work collaboratively and to encourage the ongoing investigation and implementation of regional transportation improvements that will decrease the impact of regional traffic in the Corbett-Terwilliger-Lair Hill neighborhood. Specific efforts that will be pursued include: the streetcar extension to South Waterfront, and potentially to Lake Oswego, an aerial tram connecting Marquam Hill and South Waterfront, and the redesign of Naito Parkway and Ross Island Bridge access ramps as described in the South Portland Circulation Study and Portland Aerial Tram Report. In addition, OHSU and the City agree to work collaboratively, through a public process, to further explore other approaches such as the ideas contained in the South Portland Transportation Alliance Report.

b)  The City and OHSU agree to advocate for the implementation of these transportation improvements and to seek funding for them. However, both parties also acknowledge the importance of the regional transportation funding partnerships and processes. OHSU agrees to work closely with PDOT to coordinate funding requests from state and federal sources. Specifically, OHSU agrees to avoid seeking United States Department of Transportation and Oregon Department of Transportation funding that might disrupt or interfere with the regional transportation priorities and partnership agreements. The City and OHSU may collaboratively pursue special federal appropriations for these transportation improvements.

c)  OHSU and the City agree to explore and pursue alternative funding sources that could be developed over time.

X.  TRANSPORTATION DEMAND MANAGEMENT

a)  OHSU has been highly successful at implementing, maintaining and improving transportation demand management (TDM) techniques and programs on Marquam Hill. OHSU has worked collaboratively with other Marquam Hill institutions and public transit agencies to achieve a very high rate of transit ridership for their employees and students. In addition, OHSU has implemented parking management programs and developed bicycle facilities including parking and showers. Specific mode split requirements for single occupant vehicles are included in the Portland Zoning Code to encourage and assure the continuance of TDM efforts by all Marquam Hill institutions.

b)  OHSU agrees to continue working collaborative with other Marquam Hill institutions, public transit agencies and other Marquam Hill interest groups to assure the continued success of its TDM efforts.

c)  OHSU agrees to apply its experience on Marquam Hill and to pursue TDM efforts for its development in the South Waterfront District consistent with Sections 9.19 and 9.3 of the South Waterfront Development Agreement. This will include taking a leadership position in collaboration with other property owners and businesses in the area as well as the public transit agencies.

d)  OHSU will report on the success of the TDM program by February 1, 2006 and annually thereafter through Periodic Assessment procedures under Section XVI below.

e)  The City will assist OHSU in ensuring that adequate Tri-Met express service continues operating to serve Marquam Hill. This cooperation will include assistance in any needed discussions with Tri-Met to enhance the existing express service and in requests for additional service.

XI.  MARQUAM HILL ACCESS MANAGEMENT

a)  OHSU and the City recognize that due to the limited number of roads accessing Marquam Hill it is important to manage vehicular access through parking strategies, directional and other signage, education, and monitoring and enforcement. To that end, the Portland Zoning Code limits the number of employee vehicle trips on local roads serving Marquam Hill and codifies a managed parking plan for the Hill. OHSU has also developed a Transportation and Parking System Plan and Transportation Development Matrix which provides a long-range access strategy (Exhibit C).

b)  The City supports OHSU’s proposal to reorganize some roadway access on Marquam Hill to limit access to employee and student parking to Sam Jackson Park Road. OHSU intends to achieve this primarily through parking access limitations and in the longer term, by limiting lower Campus Drive to primarily patient parking. Exhibit D to this MOU describes the actions that will be implemented by OHSU to implement a variety of efforts that will clarify and enforce these access limitations.

c)  OHSU recognizes the importance of conveying to its students, employees, patients, and visitors information about the options for accessing Marquam Hill, specifically including public transit and carpool, and to reinforce the preferred road access to be used by employees/students and patients/visitors. OHSU currently uses a number of systems to disseminate this information; these are described in Exhibit C attached to this MOU. OHSU agrees to continue to use and enhance these methods as described in Exhibit C.

XII.  LOCAL STREET TRAFFIC CALMING

a)  The MHP implemented a process by which PM peak traffic flows made by OHSU employees and students on local streets would be considered before new parking is approved for OHSU facilities. Specifically, the MHP sets maximum eastbound PM peak trips generated at OHSU for SW Homestead Drive, SW Hamilton Terrace, and SW Condor Lane before a Type A Marquam Hill Parking Review can be approved. If it is found that these maximums would be exceeded, a Type B review is required. A Type B review requires that it be demonstrated how these maximums will be complied within a 3 year period or show that the character of the area will not be lessened and that the local transportation system is capable of supporting increased traffic as demonstrated through a transportation impact analysis. The City and OHSU agree that one or more of the above referenced local streets may need to be modified using traffic calming or access limitation techniques to reduce or eliminate excess traffic.

b)  The City and OHSU agree that an area wide study should be conducted to better understand the traffic patterns and characteristics and the preferences of the residential occupants on the affected streets. Such a study could also provide information about the range of techniques that could be implemented, their effectiveness in addressing the identified problems and the costs associated with implementing and maintaining each option. The study should focus on improvements to pedestrian and vehicular circulation to address impacts on the listed local streets associated with OHSU employee and student traffic. The study will provide a list of recommended actions to improve pedestrian and vehicular circulation and/or address local neighborhood impacts that can be implemented within a 5-year timeframe. A public involvement component will be included as part of this study.

c)  OHSU and the City, through PDOT, agree to negotiate and enter into an IGA in which OHSU agrees to help fund traffic calming improvements on SW Homestead Drive, SW Hamilton Terrace, and SW Condor Lane if identified in the above referenced study and upon approval by PDOT. Implementation of the study conclusions will support the neighborhood character of the streets and mitigate any impact from institutional traffic. PDOT will consider the positive impact of the traffic calming measures when assessing institutional traffic impacts.

d)  OHSU agrees to develop a freight and service vehicle access and circulation plan consistent with the Vehicular Circulation Site Design Concept contained within the adopted Marquam Hill Plan.

XIII.  PEDESTRIAN AND BICYCLE NETWORK AND FACILITY IMPROVEMENTS

a)  OHSU and the City recognize the need to improve pedestrian and bicycle access to and through the Marquam Hill area. These improvements will provide better multi-modal choices for the employees of the Marquam Hill institutions, the residents of Marquam Hill and visitors to the nearby parks.

b)  The City and OHSU will work collaboratively to continue to investigate improvements that are described in the Marquam Hill Pedestrian Connections Vision Plan (Pedestrian Connections Vision Plan). These efforts will emphasize the implementation of Tier I projects identified in the Pedestrian Connections Vision Plan and Tier I trails identified in the Portland Aerial Tram Report. PDOT, PPR, and OHSU will report on the success of the implementation of the Pedestrian Connections Vision Plan by February 1, 2006 and annually thereafter through Periodic Assessment procedures under Section XVI below.

c)  Two key connections described in the Pedestrian Connections Vision Plan are Routes 13 and 24. Route 13 links the campus with Marquam Nature Park and the Central City. Route 24 links the upper section of the campus along SW Sam Jackson Park Road with Terwilliger Boulevard. As OHSU continues to pursue the construction of these two trails the City will provide design guidance and permitting assistance. OHSU will be responsible for maintenance and develop costs associated with trail segments located on OHSU property.

d)  OHSU has worked to develop trip end facilities for bicycle and pedestrian commuters on Marquam Hill. The location of these facilities and the amenities they offer are identified in Exhibit E. OHSU agrees to continue to provide high quality trip end facilities as part of its TDM efforts.

XIV.  WESTERN PLAZA AND VILLAGE CENTER

a)  OHSU supports and recognizes the benefits to the community and to its faculty, students, staff, patients and visitors of a lively Village Center immediately to the west of the Marquam Hill Campus. The goods, services and housing that will be provided by such a development will provide convenience for everyone who lives, works and visits Marquam Hill. OHSU will participate in discussions to which the institution is invited to help bring to fruition development of the Village Center.

XV.  HIGH QUALITY DESIGN AND SUSTAINABLE DEVELOPMENT

a)  The City, in adopting the Marquam Hill Design Guidelines, affirmed its desire to assure that future development on Marquam Hill occur with specific regard to the design of buildings, open spaces and the pedestrian network. OHSU embraced the Marquam Hill Design Guidelines and intends to always strive to meet or exceed the standards for design excellence contained within them. OHSU also recognizes the high visibility of its development on Marquam Hill and will pursue high quality architectural outcomes for design and development to assure a positive contribution to Portland’s design environment.

b)  Reflecting the commitment to sustainability-related design, program and policy objectives shared by OHSU and the City, OHSU and the City agreed in the South Waterfront Central District Project Development Agreement (Development Agreement) to specific language regarding the application of LEED (Leadership in Energy and Environmental Design) standards to OHSU buildings. OHSU agrees to pursue the same commitment described in section 9.14.2, Initial LEED Commitment, of the Development Agreement for its development on Marquam Hill.

c)  OHSU recognizes the environmental sensitivity of the lands surrounding the Marquam Hill campus and the need for all developers to be sensitive about the consumption of energy and natural resources in building and operating facilities. To this end OHSU will commit to adopting, within 1 year of the effective date of this MOU, an institutional policy adopting the use of the Portland Leadership in Environmental and Energy Design (PdxLEED) standards as development guidelines.

d)  OHSU agrees to pursue participation in the US Green Buildings Council’s development of LEED standards for institutional development. The Office of Sustainable Development will assist in this effort by providing contacts information and letters of support.

XVI.  APPLICABILITY THROUGHOUT THE MARQUAM HILL PLAN DISTRICT

a)  OHSU agrees to abide by any applicable provisions of this MOU throughout the Marquam Hill Plan District for OHSU developments. Should the Marquam Hill Plan be amended over time, review and appropriate revisions to this MOU will be allowed to ensure consistency between the two documents.

XVII.  PERIODIC ASSESSMENT

a)  The City and OHSU agree to jointly participate in periodic assessment of the implementation of the Marquam Hill Plan (MHP) and this MOU. This assessment is intended to: (1) provide information about progress on the elements of this MOU; (2) identify areas where efforts may be increased; and (3) create a forum for discussion of the desired mutually beneficial outcomes contemplated in the MHP and this MOU.

b)  OHSU will provide to the City a written report on its progress in implementing the policies, objectives and action items contained in the Marquam Hill Plan and the items contained in this MOU. The report will be directed to the Director of the Bureau of Planning. The first report will be provided on February 1, 2005 with subsequent reports submitted annually on February 1^st of each year.

c)  The Director of the Bureau of Planning will provide copies of the report to other affected or interested city bureaus, including but not limited to: Portland Development Commission, Office of Transportation, Bureau of Environmental Services, Portland Parks and Recreation, Bureau of Development Services and Office of Sustainable Development. The Director of the Bureau of Planning will also provide copies of this report to the Homestead Neighborhood Association, the Corbett-Terwilliger-Lair Hill Neighborhood Association and Southwest Neighbors, Inc. The Director of the Bureau of Planning will also provide copies of this report to members of the City Council and may report to Council regarding the status of ongoing coordination efforts identified the MOU.

IN WITNESS WHEREOF, the parties have executed this MOU effective this_____ day of _____________, 2004.

CITY OF PORTLAND

By:    

Name:    Mayor Vera Katz

Title:    Mayor, City of Portland

Date:    

OREGON HEALTH & SCIENCE UNIVERSITY

By:    

Name:    Dr. Peter Kohler

Title:    President, Oregon Health & Science University

Date:    

Table of Abbreviations

Table of Exhibits