Resolution 2017-3414 Exhibit A revised MOU 09-27-17 Misc. Contracts and Agreements No. 32365 MEMORANDUM OF UNDERSTANDING OR 18: Newberg-Dundee Bypass City of Newberg This Memorandum of Understanding (MOU) is made and entered into by and between the State of Oregon by and through its Department of Transportation, hereinafter referred to as “State;” and the CITY OF NEWBERG, by and through its elected officials, hereinafter referred to as “ Agency,” both herein referred to individually or collectively as the “Party” or “Parties”. RECITALS 1. Oregon Route 18 (OR 18), Oregon Route 99W (OR 99W), and Oregon Route 219 (OR 219) are part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Springbrook Road is a part of the city street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statute (ORS) 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform. 3. During the development and design of the OR 18: Newberg-Dundee Bypass Project (Bypass), it was determined the best way to connect the east end of the Phase 1 Bypass to OR 99W was to utilize a short segment of OR 219 and Springbrook Road. Until the eastern phase of the Bypass is constructed and open to the public, State and Agency agreed State will assume temporary jurisdiction of Springbrook Road (curb to curb) from Agency. This will allow the entire Phase 1 Bypass (OR 18) to be under State jurisdiction. 4. This MOU will address the need to amend State and Agency’s Bypass Project, Agreement No. 28658, to demonstrate the commitment of the Parties around cooperative efforts in issuance of access to Springbrook Road while Springbrook Road is under State jurisdiction. NOW THEREFORE, the Parties agree to the following understanding: TERMS AND CONDITIONS 1. It is the intent of State and Agency to document in this MOU, cooperative efforts to involve Agency in the review and approval of current or future requests for access to Springbrook Road. 2. Existing driveway accesses on Springbrook Road are considered valid for the current designated development. Any change of use requires the property owner to submit a permit application and follow the review and approval process as outlined in Resolution 2017-3414 Exhibit A revised MOU 09-27-17 City of Newberg/ODOT Memorandum of Understanding Agreement No. 32365 this MOU. The current accesses on Springbrook Road will be permitted through the Newberg-Dundee Bypass Project. 3. For the duration of State jurisdiction, all current or future applications for new public or private access, or for modification of existing public or private access to Springbrook Road, will be jointly reviewed by State and Agency regardless of whether the request is received through Agency or State development review process. 4. It is the intent of State and Agency to further document these cooperative measures through amendment of State and Agency’s Bypass Project Agreement No. 28658. 5. State and Agency intend that, if an impasse or disagreement should occur on issues pertaining to the MOU, a collaborative process will be initiated to resolve the difference. A collaborative process may be requested by either Party and will conform to the best practices for mediation, as prescribed by the Oregon Resolution Program. 6. This MOU shall become effective when all required signatures have been obtained and shall remain in effect for ten (10) years when this MOU automatically terminates. 7. The terms of this MOU shall not be waived, altered, modified, supplemented or amended, in any manner whatsoever, except by written agreement signed by the Parties. 8. The terms of this MOU may be amended or terminated by mutual written consent of the Parties. 9. This MOU is not intended to create a legally binding Agreement but is a commitment by the Parties to make a good faith effort toward achieving the common goals set forth above. 10. This MOU may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this MOU so executed shall constitute an original. THE PARTIES, by execution of this MOU, hereby acknowledge that their signing representatives have read this MOU, understand it, and agree to its terms and conditions. Signature Page to Follow 2 Resolution 2017-3414 Exhibit A revised MOU 09-27-17 City of Newberg/ODOT Memorandum of Understanding Agreement No. 32365 CITY OF NEWBERG by and through its STATE OF OREGON, by and through its elected officials Department of Transportation By ______________________________ By _____________________________ Mayor Region 2 Manager Date ____________________________ Date ____________________________ By ______________________________ APPROVAL RECOMMENDED City Manager Date ____________________________ By _____________________________ Region 2 Project Delivery Manager Agency Contact: Kaaren Hofmann, City Engineer Date ____________________________ City of Newberg PO Box 970 By ____________________________ 414 E. First Street Area 3 Manager Newberg, Oregon 97132 (503) 537-1223 Date ____________________________ [email protected] State Contact: Kelly Amador, Senior Project Leader ODOT, Area 3 455 Airport Road SE, Building P Salem, Oregon 97301-4788 (503) 986-2900 [email protected] 3.