Res 1421 - Const Hillyer Mid Ci
COUNCIL BILL NO. 1806
RESOLUTION NO. 1421
A RESOLUTION ENTERING INTO A CONSTRUCTION FINANCE AGREEMENT WITH
HILLYER'S MID-CITY FORD, INC. FOR ADMINISTRATION AND FUNDING FOR HIGHWAY
219 IMPROVEMENTS AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN
SUCH AGREEMENT.
WHEREAS, The State of Oregon has required that certain improvements be made
to Highway 219 as a result of construction of an automobile dealership by Hillyer's Ford
Inc., and
WHEREAS, State of Oregon temporary permit No. 03A3531 for access to Highway
219 required that improvements be in accordance with Westech Engineering drawings, and
WHEREAS, The required Highway 219 improvements for economies of scale and
other concerns were included in a larger project that Westech Engineering prepared as a
result of Waremart, Inc. distribution center roadway improvement requirements, and
WHEREAS, The City of Woodburn is administering the larger project as a result of
the Special Public Works Fund grant and loan and Immediate Opportunity Fund project
status of portions of the larger project; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Construction Finance Agreement
with Hillyer's Mid-City Ford, Inc. which is attached as Exhibit U A II and by this reference
incorporated herein for administration and funding of Highway 219 improvements.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the City of Woodburn.
Page 1 -
COUNCIL BILL NO. 1806
RESOLUTION NO. 1421
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Approved as to form: Lf), rn-~
City Attorney
{;-/1- '/1
Date
APPROVErf"7 ~~ /1~
Nancy A. . sey, Mayor ...
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
June 23, 1997
June 25, 1997
June 25. 1997
June 25, 1997
ATTEST:
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Mary T ant, Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1806
RESOLUTION NO. 1421
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Exhibit "A"
Page -L of 3
CONSTRUCTION - FINANCE AGREEMENT
TIllS AGREEMENT is made and entered into by and between the CITY OF WOODBURN, acting
by and through its elected officials, hereinafter referred to as "City", and HILLYER'S MID-CITY
FORD, INC., an Oregon corporation, acting by and through its company officials, hereinafter referred
to as "Company".
RECITALS
1. Company has constructed an automobile dealership on its property which has frontage on
Hillsboro-Silverton Highway.
2. The State of Oregon, acting through its Department of Transportation (hereinafter referred
to as "State") has required that certain improvements be made to Hil1sboro-Silverton
Highway (Highway 219) along frontage in front of Company. To maintain roadway
continuity and enhance safety of operation a section of the highway along State frontage from
the east edge of Company frontage to the southbound 1-5 onramp approach will also require
similar improvements.
The referenced improvements are approximately as shown on the Road Improvement
Allocation Map which is attached hereto as Exhibit "A", and made a part hereof
3. The State has issued Company temporary permit # 03A35431 for access to Hillsboro-
Silverton Highway which required that frontage improvements shall be in accordance with
Westech Engineering drawings.
4. Waremart, Inc.(hereinafter referred to as "Waremart") which owns frontage adjacent to
Company is also required to make and has agreed to fund similar improvements along its
frontage which is adjacent to that of Company.
5. Waremart has agreed to fund one half of the costs of the Hillsboro-Silverton Highway
improvements along State frontage from the east edge of Company frontage to the
southbound 1-5 onramp approach.
6. City, through Immediate Opportunity Fund Agreement #14736, has agreed to administer the
contracting process for the State required roadway improvements to be completed by
Waremart as a result of construction of their new distribution center. The roadway
improvements in the design (which were prepared by We stech Engineering) include the
required roadway improvements to Waremart frontage, Company frontage, and State
frontage adjacent to and east of Company.
Page 1 - CONSTRUCTION-FINANCE AGREEMENT
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Exhibit "A"
Page L. of 3
NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows:
ARTICLE 1. OBLIGATIONS OF CITY
1. City shall compile accurate cost accounting records and will request reimbursement from
Company as progress payments are made by City. Company agrees to promptly reimburse
City when such requests are made.
2. City shall provide Company a statement of total costs at completion of the improvements and
will retain cost records and accounts pertaining to the project for inspection for a period of
three years following final payment.
ARTICLE 2. OBLIGATIONS OF COMPANY
1. Company shall be solely and exclusively responsible for half street improvements to Highway
219 for a distance of 20 feet beginning at the northwest corner of tax lot 105, map 5-2-11,
and proceeding easterly along said frontage to a point where the tax lot joins tax lot 1100,
map 5-2W-12C, also owned by Company.
2. Company shall further be solely and exclusively responsible for half street improvements to
Highway 219 for a distance of208.53 feet beginning at the northwest corner of tax lot 1100,
map 5-2W-12C, and proceeding easterly along said frontage to a point where the tax lot
boundary makes a right angle to the south.
3. Company and Waremart shall be equally responsible for road improvements to Highway 219
and the freeway interchange from the eastern terminus of the Company obligation referenced
above to the beginning of the project (station 0+00 on the engineering plans prepared by
Westech Engineering) at the entrance to the south bound freeway on-ramp, an approximate
distance of255 feet.
ARTICLE 3. OTHER PROVISIONS
1. The cost records and accounts pertaining to the work covered by this Agreement shall be
retained for inspection for a period of three years following final payment. Copies shall be
made available upon request.
2. In the event a suit or action is instituted to enforce any right guaranteed pursuant to this
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
Page 2 - CONSTRUCTION-FINANCE AGREEMENT
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disbursements, a reasonable attorney's fee to be fixed by trial and appellate courts
respectively.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals of the day
year hereinafter written.
HILLYER'S MID-CITY
FORD, INC., by and
through its Corporate Officials
CITY OF WOODBURN, by and
through its Mayor
Date
( /23/77
/ f
Date
June 25, 1997
Attest:
fYl~ L~--*
City Record
By:
Company Legal Counsel
AP~~VED AS TO F?RM:
B~ Y).~Q{j~
City Legal Counsel
G-'jo- j 9-
APPROVED AS TO FORM
Date:
Date:
Page 3 - CONSTRUCTION-FINANCE AGREEMENT
1"
Exhibit "A"
Pagelof 3
disbursements, a reasonable attorney's fee to be fixed by trial and appellate courts
respectively.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals of the day
year hereinafter written.
HILLYER'S MID-CITY
FORD, INC., by and
through its Corporate Officials
CITY OF WOODBURN, by and
through its Mayor
By
By
Title
Date
Date
Attest:
City Recorder
APPROVED AS TO FORM
APPROVED AS TO FORM:
By:
Company Legal Counsel
By:
City Legal Counsel
Date:
Date:
Page 3 - CONSTRUCTION-FINANCE AGREEMENT
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