HomeMy WebLinkAboutItem 07 Extension of Equestrian Pilot ProjectAGENDA ITEM SUMMARY Meeting Date: 6/28/2021
Meeting Type: Regular Meeting
Staff Contact/Dept.: Kristina Kraaz, CAO
Staff Phone No: 541-744-4061
Estimated Time: Consent Calendar
SPRINGFIELD
Council Goals: Promote and Enhance
CITY COUNCIL our Hometown Feel
while Focusing on
Livability and
Environmental Quality
ITEM TITLE:
EXTENSION OF EQUESTRIAN PILOT PROJECT AT THE GEORGIA
PACIFIC NATURAL AREA
ACTION
Authorize City Manager to execute an amendment to the Intergovernmental
REQUESTED:
Agreement (IGA) and Temporary Easement for a pilot project allowing
Willamalane to provide equestrian services at the Georgia Pacific Natural Area
during the summer of 2020.
ISSUE
The Council previously authorized an IGA with Willamalane to allow equestrian
STATEMENT:
uses on the jointly owned Georgia Pacific Natural Area property. The Willamalane
Board recently authorized an extension to the trial program until the end of 2021, to
provide more time for Willamalane, the City and SUB continue to explore how and
whether to allow equestrian uses long term.
ATTACHMENTS:
Attachment 1: Council Briefing Memorandum
Attachment 2: Proposed Third Amendment to Intergovernmental Agreement
DISCUSSION/
See attached Council Briefing Memorandum.
FINANCIAL
IMPACT:
{oo015971:11
MEMORANDUM City of Springfield
Date: 6/18/2021
To: Nancy Newton, City Manager COUNCIL
From: Kristina Kraaz, Assistant City Attorney BRIEFING
Subject: Extension of Equestrian Pilot Project at Georgia MEMORANDUM
Pacific Natural Area
ISSUE: The Council previously authorized an IGA with Willamalane to allow equestrian uses
on the jointly owned Georgia Pacific Natural Area property. The Willamalane Board recently
authorized an extension to the trial program until the end of 2021, to provide more time for
Willamalane, the City and SUB continue to explore how and whether to allow equestrian uses
long term.
COUNCIL GOALS/
MANDATE:
Preserve Hometown Feel, Livability, and Environmental Quality
BACKGROUND: The City jointly owns with SUB and Willamalane the area known as the
Georgia Pacific Natural Area. This area is located between the Millrace and the Middle Fork
Willamette River and contains the Millrace and Clearwater Park Paths and some well-
established, unofficial equestrian trails. The City Council previously agreed to an equestrian
pilot program through the end of the summer of 2020, which was administratively extended
through June 30, 2020. The Council is now requested to approve a six-month extension until
December 31, 2021.
To implement the pilot project, Willamalane has created and installed new trail maps and
information signs at the Georgia Pacific Natural Area and Middle Fork Path. They also created
and installed new wayfinding signs along the Middle Fork Path where it intersects with the
Georgia Pacific Natural Area. In addition, they dedicated parking and staging at Clearwater
Park and improved two miles of an existing horse trail.
The following information was provided to the Willamalane Board of Directors at their public
meeting on June 9, 2021:
Discussion
Since the last update, [Willamalane] staff have observed little change in the relatively
low volume of equestrian use at Georgia Pacific Natural Area. A majority, if not all, of
the use continues to originate from the privately owned and operated equestrian center
(now known as River Rock Ranch) immediately north of the natural area.
A new master plan for Georgia Pacific Natural Area is expected to be approved by the
[Willamalane] Board of Directors later this summer, and then subsequently adopted by
the City of Springfield (City) and the Springfield Utility Board (SUB). The master plan
contemplates allowing equestrian use on a permanent basis, and includes specific
improvements to facilitate this use. A central premise of the master plan is the creation
of a public access point at the equestrian center, which does not currently exist. Securing
a public access and development of a trailhead at this location would lessen the demand
for larger scale improvements at Clearwater Park, which is currently the only other point
of public access for equestrian use. [Willamalane] Staff have emphasized the importance
of establishing a public access at the equestrian center with the current and former
owners. If one is not provided, the level of improvements at Clearwater Park would need
100020182:11
MEMORANDUM
Page 2
to be carefully reassessed, including whether the site could safely accommodate the
current volume of equestrian use in combination with the multiple other uses that occur
at the park.
As reported in the last update to the [Willamalane] Board on this topic, the equestrian
center is under new ownership. [Willamalane] staff have met with the owners to discuss
securing a public access easement and completing improvements for a trailhead. After
multiple attempts to further those discussions, the owners recently informed
[Willamalane] staff they are not interested in granting public access. This decision
impacts the potential viability of continuing to allow equestrian use at Georgia Pacific
Natural area, for the reasons noted above. More notably, it also impacts the ability for
customers of the equestrian center to access Georgia Pacific Natural Area from that
location, as the City and SUB, who jointly own the natural area with Willamalane, have
policies that prohibit use of publicly owned property for private benefit. Securing public
access was viewed by both entities as a means to resolving this conflict.
Based on the above information, the Willamalane Board of Directors voted to extend the
equestrian use pilot project until December 31, 2021, to provide Willamalane, the City, and SUB
more time to explore whether or how to implement a permanent equestrian program. City staff
recommend that the Council similarly authorize this extension by approving the extension of the
IGA between the City, SUB, and Willamalane for this purpose.
Finally, the City previously provided a temporary public access easement across the Mill Race
on property owned only by the City, from the equestrian center to the Georgia Pacific Natural
Area, as part of this trial program. That easement would be allowed to lapse, given the recent
input from the equestrian center that they do not plan to agree to provide public access. Public
access would continue from Clearwater Park. However, if circumstances change, a new
easement could be approved by the City if the equestrian center changes its position with
Willamalane. Environmental services staff have environmental concerns with the Mill Race
crossing that would need to be addressed in a permanent easement.
RECOMMENDED ACTION: Provide direction regarding whether to continue the equestrian
pilot program at Georgia Pacific Natural Area, and authorize the City Manager to extend the
current intergovernmental agreement between the City, Willamalane, and SUB until December
31, 2021.
{00020182:11
THIRD AMENDMENT TO THE
INTERGOVERNMENT AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE
BETWEEN: Willamalane Park and Recreation District, a special purpose district duly
formed under the laws of the State of Oregon (the "District")
and
City of Springfield, an Oregon Municipal Corporation (the "City")
and
Springfield Utility Board, an Oregon Municipal Corporation ("SUB")
RECITALS
A. The District, the City, and SUB are the parties to the Intergovernmental Agreement for Recreational
Equestrian Use made effective May 25, 2020 (the "Agreement"). The Agreement with its exhibits
is attached hereto and incorporated herein as Exhibit A.
B. Pursuant to the Agreement, the District agreed to undertake a Pilot Plan related to public equestrian
use; the City and SUB agreed to cooperate with the District's Pilot Program to temporarily allow
public recreational use of the Property.
C. The Parties entered into an agreement to continue the Agreement to December 31, 2020 through
an amendment (the "First Amendment"). Subsequently, the Parties entered into an agreement to
further continue the Agreement to June 30, 2021 through an amendment (the "Second
Amendment"). The Second Amendment, which includes the Agreement and First Agreement as
exhibits, is attached hereto and incorporated herein as Exhibit A.
D. The term of the Agreement as amended by the First and Second Amendment will expire June 30,
2021; the Parties wish to continue the Agreement under the terms set forth in this amendment (the
"Third Amendment").
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, and the recitals above being expressly incorporated herein, the parties agree as follows:
Term. The Expiration Date of the Agreement is hereby extended to December 31, 2021.
2. Merger. This Third Amendment constitutes the final and exclusive agreement between the
parties on the matters contained in this Second Amendment. All earlier and contemporaneous
negotiations and agreements between the parties on the matters contained in this Second
Amendment are expressly merged into and superseded by this Second Amendment.
Continued Effectiveness of the Agreement and the First Amendment. Except as amended
by this Third Amendment, the Agreement, the First Amendment, and the Second Amendment
continue unchanged and in full force.
foo020185:1} THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE Page 1 of 2
Attachment 2, Page 1 of 13
4. Counterparts. This Third Amendment may be executed in any number of counterparts, each
of which upon execution and delivery shall be considered an original for all purposes, and all
of which together shall, upon execution and delivery, constitute one and the same instrument.
An electronic or facsimile version of this executed Third Amendment, including signatures
inserted thereon by any electronic or facsimile means, shall be deemed to be an original Third
Agreement or signature, as the case may be, enforceable by and against any party hereto.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be signed by their
duly authorized representatives as of the date set forth below.
WILLAMALANE PARK AND RECREATION DISTRICT
By:
Michael Wargo, Superintendent
Date:
CITY OF SPRINGFIELD, OREGON
By:
Nancy Newton, City Manager
Date:
SPRINGFIELD UTILITY BOARD
By:
Jeff Nelson, General Manager
Date:
foo020185:1f THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE Page 2 of 2
Attachment 2, Page 2 of 13
Exhibit A, Page 1 of 11
SECOND AMENDMENT TO THE
INTERGOVERNMENT AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE
BETWEEN: Willamalane Park and Recreation District, a special purpose district duly
formed under the laws of the State of Oregon (the "District")
and
City of Springfield, an Oregon Municipal Corporation (the "City")
and
Springfield Utility Board, an Oregon Municipal Corporation ("SUB")
RECITALS
A. The District, the City, and SUB are the parties to the Intergovernmental Agreement for Recreational
Equestrian Use made effective May 25, 2020 (the "Agreement"). The Agreement with its exhibits
is attached hereto and incorporated herein as Exhibit A.
B. Pursuant to the Agreement, the District agreed to undertake a Pilot Plan related to public equestrian
use; the City and SUB agreed to cooperate with the District's Pilot Program to temporarily allow
public recreational use of the Property.
C. The Parties entered into an agreement to continue the Agreement to December 31, 2020 through
an amendment (the "First Amendment"). The First Amendment, which includes the Agreement as
an exhibit, is attached hereto and incorporated herein as Exhibit A.
D. The tern of the Agreement as amended by the First Amendment expired December 31, 2020; the
Parties wish to continue the Agreement under the terms set forth in this amendment (the "Second
Amendment").
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, and the recitals above being expressly incorporated herein, the parties agree as follows:
1. Term. The Expiration Date of the Agreement is hereby extended to June 30, 2021.
2. Mer. er. This Second Amendment constitutes the final and exclusive agreement between the
parties on the matters contained in this Second Amendment. All earlier and contemporaneous
negotiations and agreements between the parties on the matters contained in this Second
Amendment are expressly merged into and superseded by this Second Amendment.
3. Continued Effectiveness of the Agreement and the First Amendment, Except as amended
by this Second Amendment, the Agreement and the First Amendment continue unchanged and
in full force.
4. Counterparts, This Second Amendment may be executed in any number of counterparts, each
of which upon execution and delivery shall be considered an original for all purposes, and all
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE Page 1 of 2
Attachment 2, Page 3 of 13
Exhibit A, Page 2 of 11
of which together shall, upon execution and delivery, constitute one and the same instrument.
An electronic or facsimile version of this eXecuted Second Amendment, including signatures
inserted thereon by any electronic or facsimile means, shall be deemed to be an original Second
Agreement or signature, as the case may be, enforceable by and against any party hereto.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be signed by their
duly authorized representatives as of the date set forth below.
WILLAMALANE PARK AND RECREATION DISTRICT
�,.4'
mlrhaal Wargo{ ay 4, l'.02.i 15:)7 PDP,.
Michael Wargo, Superintendent
Date:
May 4, 2021
CITY OF SPRINGFIELD, R ON
By:
Nancy Ne n, City Manager
Date: i
SPRINGFIELD lJ LITY BOARD
B /!
Jeff Nels n, General Manager
Date:
REVIEWED ♦ APPROVED Y4
AS TO s-
tv it, �
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE
Attachment 2, Page 4 of 13
Pate 2 of 2
Exhibit A, Page 3 of 11
Exhibit A
FIRST AMENDMENT TO THE
INTERGOVERNMENT AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE
BETWEEN: Willamalane Park and Recreation District. a special purpose district duly
formed under the laws of the State of Oregon (the "District")
and
City ol'Springfield. an Oregon Municipal Corporation (the "City)
and
Springfield Utility Board. an Oregon Municipal Corporation ("SUB")
RECITALS
A. The District, the City, and SUB are the parties to the Intergovernmental Agreement for Recreational
Equestrian Use made. effective May 25. 2020 (the "Agreement"). The Agreement with its exhibits
is attached hereto and incorporated herein as Exhibit A.
B. Pursuant to the Agreement, the District agreed to undertake a Pilot Plan related to public equestrian
use; the City and SUB agreed to cooperate with the District's Pilot Program to temporarily allow
public recreational use of the Property.
C. The term of the Agreement expired on September 7. 2020, the Parties wish to continue the
Agreement under the terms set forth in this Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein, and the recitals above being expressly incorporated herein, the parties agree as follows:
Term. The Expiration Date ofthe Agreement is hereby extended to December 31. 2020.
Merger. This Amendment constitutes the final and exclusive agreement between the parties
on the matters contained in this Amendment. All earlier and contemporaneous negotiations
and agreements between the parties on the matters contained in this Amendment are expressly
merged into and superseded by this Amendment.
Continued Effectiveness of the Agreement. Except as amended by this Amendment, the
Agreement continues unchanged and in full force.
(Signatures on )flowing page]
FIRST .AMENDMENT "10 THF{ INTERGOVERNMENTAL AGREEMENT
FOR RECREATIONAL EQUES'I RI.AN USE Page I of 2
Exhibit A
Attachment 2, Page 5 of 13
Exhibit A, Page 4 of 11
Exhibit A
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by their duly
authorized representatives as of the date set forth below.
WILLA 7 �1)1. AND RECREATION DISTRICT
tA4By:!
ichael Wargo, Superint nt
Date: L O � d
CITY Of SPRINGFIE XOGON
Nancy Ne n, City Manager
Date: l% Iq 1
SPRINGFIELD UTILITY BOARD
By: S r
Jeff N s n, General Manager
Date:
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMEN. 1
FOR RECREATIONAL. EQUESTRIAN USE Page 2 of 2
Exhibit A
Attachment 2, Page 6 of 13
Exhibit A
1NTFRGOVERNMENT AGREEMENT
FOR RECREATIONAL EQUESTRIAN USE
Exhibit A, Page 5 of 11
Contract #C2653
OFY
BETWEEN: Willamalane Park and Recreation District, a special purpose district duly
formed under the laws of the State. of Oregon (the "District")
and
City of Springfield, an Oregon Municipal Corporation (the "City")
and
Springfield Utility Board, an Oregon Municipal Corporation ("SUB")
EFFECTIVE DATE: May 25, 2020
EXPIRATION DATE: September 7, 2020
RECITALS
A. ORS 190.010 provides that units of local government may enter into agreements for the
performance of any or all functions and activities that a party to the agreements, its officers, or agents,
have authority to perform.
B. The District, the City, and SUB (collectively, the "Parties") co-own certain real property
commonly known as the Georgia Pacific Property, Map and Tax Lot Numbers 18020800-00600 and
1802D600-01600. in Lane County, Oregon (the "Property").
C. The District desires to temporarily allow public recreational equestrian use on the
Property as part of a pilot program to be conducted between Memorial Day and Labor Day, 2020 (die
"Pilot Program"). The proposed path system and crossings for equestrian use are depicted on Exhibit A,
attached hereto and incorporated herein.
D. The.District desires to undertake the Pilot Program which includes, but is not limited to,
community outreach, site preparation, installation of signage, and cooperation with adjacent landowners
regarding temporary public easements and public access,
E. City and SUB wish to cooperate with the District's Pilot Program to temporarily allow
public recreational use of the Property.
AGREEMENT
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH
ARE EXPRESSLY MADE A PART OF THIS AGREEMENT. THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. PUBLIC RECREATIONAL EQUESTRIAN USE ON THE PROPERTY
The Parties hereby permit public recreational equestrian use on the Property, only for purposes of the
Pilot Program, for the duration and pursuant to the terns of this Agreement. The Parties agree to
INTERGOVERNMENTAL AGREEMENT- rage I of 5 10001588921
Exhibit A
Attachment 2, Page 7 of 13
Exhibit A, Page 6 of 11
Exhibit A
ensure tbat'their respective Codes, Ordinances and Rules, as applicable, do not prohibit the use of and
access to -the Property as outlined in this Agreement.
2. PUBLIC RECREATIONAL EQUESTRIAN USE PILOT PROGRAM
With regards to the Pilot Program, the District shall have the following duties under this Agreement:
a. Easements. The District agrees to obtain the easements necessary, with adjacent landowners,
to provide public access to the Property for recreational equestrian use. The Parties agree any
such easement must be explicitly for the benefit of the public.
b. Trailhead and Public Access at Pacific Equestrian Center, The District will coordinate with
the Pacific Equestrian Center to establish a trailhead and public access from Pacific
Equestrian Center. The trailhead will provide horse trailer parking and provide public access
to the Property.
c. Trailhead and Public Access at Clearwater Park. The District will prepare an equestrian
trailhead near the existing trailhead at Clearwater Park. The trailhead will provide horse
trailer parking and provide public access to shared trails on portions of the Middle Fork Patti
and the Property.
d. Community Outreach, The District will coordinate and engage in a community outreach
campaign educating the public and trail users of the Pilot Program and proper ways to "Share
the Trail." This outreach will include, but will not be limited to, press releases, social media,
temporary signage at trailheads and proposed trails and outreach to special interest groups
(e.g. bike riders, running clubs, dog walkers, and the horse -riding community).
c. Signage. The District will create, install, and maintain appropriate signage related to the
recreational equestrian use and the Pilot Program, The District will install such signage at
appropriate locations, which may include public trailheads located at the Pacific Equestrian
Center, Clearwater Park, and the Property.
f. Insurance. During the term of this Agreement, the District shall maintain equine insurance or
a comparable insurance policy that covers recreational equine use on the Property. The
District shall provide proof of such insurance coverage to the other Parties prior to the
Effective Date. The District shall name the City of Springfield and Springfield Utility Board
as additional named insureds for actions undertaken by District pursuant to this Pilot
Program.
g. Land Use Permits. Nothing in this Agreement waives any requirements of the Springfield
Development Code and Springfield Municipal Code that may be applicable to the use and
development of the subject Property. Nothing herein shall be construed as the City providing
or agreeing to provide approval of any land use, building, or other development application
submitted by the District, nor shall anything herein be construed as the City agreeing to
support or defend any appeal of a land use decision made with respect to any application by
the District.
3. MAINTENANCE
The District shall maintain, at its own cost. any signage, fencing, landscaping, trail system, or other
improvements on the Property related to the Pilot Program. Any damage caused to the Property by
INTERGOVERNMENTAL AGREEMENT - Page 2 of 5 (00015889:21
Exhibit A
Attachment 2, Page 8 of 13
Exhibit A, Page 7 of 11
Exhibit A
permitting public access shall be repaired by the District. Notwithstanding the above, any damage to
the Property caused by the Parties' respective employees. agents, invitees, or contractors, but not
including the general public, shall be repaired by the respective Party causing such damage.
4. DURATION
This Agreement is effective from the Effective Date though the Expiration Date, unless earlier
terminated in accordance with Section 7, Termination, or extended in accordance with Section 5,
Extension.
5. EXTENSION
This Agreement may be extended according to the written mutual agreement of the Parties.
6. WAIVER AND MODIFICATION
The conditions and provisions of this Agreement may be modified by mutual consent of the Parties.
Any waiver of or modification to any condition or provision of this Agreement must be in writing
signed by all Parties. Thereafter, such waiver or modification must be considered a pari of this
Agreement. Waiver of strict performance of any provision of this Agreement does not waive or
prejudice a Party's right to require strict performance of the same provision or of any other provision
in the future.
7. TERMINATION
This Agreement may be terminated by any Party prior to the Expiration Date whenever such Party
determines that compelling reasons exist for termination. Any such termination is effective upon
delivery of written notice of tennination provided at least 30 days prior to termination. The written
notice of term ination must specify the date of termination and the compelling reasons for tennination.
8. REPRESENTATIVES AND NOTICE
a. Representatives. Each Party designates the following person as its representative for
purposes of administering this Agreement. Either Party may change its designated
representative by giving notice to the other as provided in this Section 8(b).
For District:
Eric Adams, Planning Parks & Facilities Director
Willamalane Parks & Recreation District
250 South 32nd Street
Springfield, OR 97478
541-736-4048
cric.adamsia�yvillamalane.org
For City:
Brian Conlon, DPW Operations Division Director
City of Springfield Operations & Maintenance
201 S. 18" Street
Springfield, OR 97477
541-726-3761
4jL) u, )sttringtield-or-�o�
bcon}a,
INTERGOVERNMENTAL AGREEMENT- Page 3 of 5 {00015889.2)
Exhibit A
Attachment 2, Page 9 of 13
Exhibit A, Page 8 of 11
Exhibit A
For SUB:
Tracy Richardson, Utility Planner
Springfield Utility Board
205 A Street
Springfield, OR 97477
541-744-3771
tracyrtct subuti Lcom
b. Notices. Any notices permitted or required by this Agreement are effective ( l) when
personally delivered, (2) when sent by electronic mail upon the sender receiving confirmation
of delivery, or (3) upon deposit in the United States mail postage fully prepaid, certified,
return receipt requested, addressed to the Representative of the other Party. Any Party may
change its address by notice given to the other Parties in accordance with this Section.
9. INDEMNIFICATION
To the extent legally possible and subject to the limits of the Oregon Tort Claims Act, the District
shall indemnify, defend and hold the other Parties, their officers, agents, and employees, harmless
from and against any and all claims, actions, liabilities, costs, including attorney fees and other costs
of defense, arising out of or in any way related to the Pilot Program on the Property.
10. COMPLIANCE WITH LAWS
The Parties agree to perform the duties described in this Agreement in conformance with all federal,
state, and local laws pertaining thereto.
11. ASSIGNMENT/SUBCONTRACT
A Party shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under
this Agreement, in whole or in part, without the prior written approval of the other Parties.
12. FNTEGRATION
This Agreement embodies the entire agreement of the Parties. There are no promises, terms,
conditions, or obligations other than those contained herein. This Agreement supersedes all prior
communications, representations, or agreement, either oral or written, between the Parties. This
Agreement may not be amended except in writing, signed by the Parties.
13. GOVERNING LAW: JURISDICTION, VENUE
a. The laws of the State of Oregon (without giving effect to its conflicts of law principles)
govern all matters arising out of or relating to this Agreement, including. without limitations,
its validity, interpretation. construction, performance. and enforcement.
b. Each Party to this Agreement submits to the exclusive jurisdiction of the Oregon State Courts
for the purposes of all legal actions and proceedings arising out of or relating to this
Agreement.
c. Any Party bringing a legal action or proceeding against any other Party arising out of or
relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of
INTERGOVERNMENTAL AGREEMENT — Page 4 of 5 i000i5sA92y
Exhibit A
Attachment 2, Page 10 of 13
Exhibit A, Page 9 of 11
Exhibit A
Lane County, Each Party waives any claim that any action or proceeding brought in any such
court has been brought in an inconvenient forum.
14. THIRD PARTIES
The Parties to this Agreement do not intend to confer on any third party any rights under this
Agreement.
15. SEVERABILITY
If any provision, clause, phrase, or section of this Agreement is for any reason declared or held to be
invalid or unconstitutional, the remaining sections, portions, clauses or phrases are unaffected, and
remain in full force and effect:. and the rights and obligations of the Parties will be construed and
enforced as if the Agreement did not contain the particular provision held to be invalid.
16. STATUS
In providing the services specified in this Agreement (and any associated services) the Parties are
public bodies and maintain their public body status as specified in ORS 30.260. The Parties
understand and acknowledge that each Party retains all immunities and privileges granted them by,
and further that nothing herein shall be interpreted as waiving any rights under, the Oregon Tort
Claims Act (ORS 30.260 through 30.300), the Recreational Immunity Act (ORS 105.668-105.699),
and any and all other statutory rights granted as a result of their status as local public bodies.
WMLAMALAN P AND RECREATION DISTRICT
By:
Y
i hael Wargo, Superi endent
Date: ULM I ';4'R-0
CITY OF SPRINGFIELD, OREGON
Nancy Ne!�,t on. City Manager
Date: & 118 1 zozz
SPRINGFIELD UT1L�4RD
By: --
Jeff NelfdUGeneral Manager
Date:
INTERGOVERNMENTAL AGREEMENT -Page 5 of 5 4000t SUS
Exhibit A
Attachment 2, Page 11 of 13
Exhibit A, Page 10 of 11
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Exhibit A, Page 11 of 11
Exhibit A
(00015889:2} Exhibit A
Attachment 2, Page 13 of 13