AMENDMENT NO. 1

INTERGOVERNMENTAL AGREEMENT BETWEEN THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON AND CITY OF PORTLAND TO DISBURSE FEDERAL GRANT FUNDS FOR

THE PORTLAND STREETCAR LOOP PROJECT

TriMet IGA No. GH080176TL

City IGA No. 52920

 THIS AMENDMENT is made and entered into on the _______day of __________, 2009, by and between the Tri-County Metropolitan Transportation District of Oregon (“TriMet”), a mass transit district organized under the laws of the State of Oregon, and the City of Portland (“City”), a municipal corporation of the State of Oregon.

RECITALS:

A.  In May 2007, TriMet and the City entered into TriMet IGA No. GH080176TL (City IGA No. 52920) for the purpose of disbursing federal grant funds for the Portland Streetcar Loop Project (“Loop Project”).

B.  The “Loop Project” is being funded under the FTA Small Starts Program, in which all preliminary engineering and final design work is combined into one phase, referred to as "Project Development”.

C.  The IGA provided funding for the preliminary engineering portion of the Loop Project’s Project Development. The City has completed the preliminary engineering work. In early 2008 Metro released an Environmental Assessment for the Loop Project, and on July 2, 2008, the FTA Region X Administrator approved a Finding of No Significant Impact (“FONSI”).

D.  The City desires to proceed with the final design portion of the Loop Project’s Project Development. To that end, on August 20, 2008, the Portland City Council passed Ordinance No. 182139 authorizing a Notice to Proceed to commence final design of the Loop Project.

E.  Final design of the Loop Project is being funded by City resources, including tax increment funding and Transportation System Development Charges, and by MTIP funds allocated to the Eastside Streetcar: NW 10^th Ave. (Lovejoy to OMSI) (Key #14381) and available in federal FY 2009 (the “MTIP Funds”). On August 28, 2008, the MTIP Funds were reallocated to the Design phase and the applicant was changed from Metro to TriMet through approval of Amendment 08-11-33A to the 2008-2011 STIP.

F.  TriMet and the City wish to enter into this Amendment No. 1 to the IGA for the purpose of distributing the MTIP Funds to the City, for accomplishment of final design work to complete the Project Development Phase of the Loop Project.

G.  It is anticipated that FTA will approve a Project Construction Grant Agreement (“PCGA”) after completion of the Project Development Phase. The PCGA, if approved, will provide federal funds for the Construction Phase of the Loop Project.

AGREEMENT:

1.  Funding: The maximum funding to be disbursed to the City shall be increased by $1,000,624, for a new total amount of $2,650,624. To reflect this increase in funding and the added phase of work, Exhibit A is deleted in its entirety and replaced with substitute Exhibit A, attached hereto.

2.  Term: The expiration date of the Agreement shall be extended until June 30, 2010.

3.  ALL OTHER PROVISIONS OF THE IGA REMAIN UNCHANGED.

APPROVALS:

TRI-COUNTY METROPOLITAN      CITY OF PORTLAND

TRANSPORTATION DISTRICT OF

OREGON

By:                By:          

 Fred Hansen              Sam Adams

 General Manager            Mayor

Date:                Date:          

               By:          

                 Gary Blackmer

                 Auditor

Approved as to Form:

By:                By:          

 Tamara H. Lesh            Mark Moline

 Deputy General Counsel          Deputy City Attorney