CONTRIBUTION AGREEMENT BETWEEN CITY OF BEND
AND BEND LAPINE SCHOOL DISTRICT
This Contribution Agreement (“Agreement”) is between the City of Bend, an
Oregon municipal corporation (“City”) and the Bend LaPine School District,
an Oregon school district (“District”).
RECITALS
A. District constructed a new 36 inch water main in Skyliners Road (the
“Water System Improvements”) to replace existing 14 and 16 inch mains on
the District’s Miller Elementary School property. The legal description of the
Miller Elementary School property is attached as Exhibit 1. The Water System
Improvements increased capacity compared to the original lines by 45%.
District constructed the Water System in connection with the construction of
Miller Elementary School in compliance with land use approvals PZ 08-
654/654/655. The total cost of the Water System Improvements is
$840,371.03.
B. The cost of the Water System Improvements that provides added
capacity is $378,166.96.
C. District paid City $87,400 in Water SDCs in connection with the
construction of Miller Elementary School. District has not received any
credits for public infrastructure improvements provided at the time of
construction of Miller Elementary School.
D. The Water System Improvements are on the City’s Master Plans and
are qualified public improvements as that term is defined in ORS 223.304(4)
to the extent they provided added capacity or capacity for growth.
E. District believes it is entitled to SDC credits for the qualified public
improvements it provided.
F. The City notes that the District did not follow the City’s procedures in
requesting SDC reimbursement, but the City has made representations to
District that City would provide some reimbursement for the cost of public
improvements.
TERMS OF AGREEMENT
1. City shall pay District $163,600 for the water improvements provided
by the District. District accepts this amount as payment in full of any
obligation by City to pay for or contribute to the cost of the public
improvements provided in connection with the construction of the Miller
Elementary School.
2. The payment by Section 1 shall be paid within 30 days of complete
execution of this Agreement.
3. This agreement is intended to reflect the complete agreement between
the City and District relating to SDCs, public improvements, and costs
associated with the District’s construction of public water improvements
relating to the construction of Miller Elementary School. District agrees to
waive and release the City from any claims relating in any way to SDCs and
public improvements provided in connection with the construction of Miller
Elementary School.
4. Notices relating to this Agreement shall be sent to the following
addresses:
If to District: John Rexford
Bend LaPine School District
521 NW Wall Street
Bend, OR 97701
If to City: City of Bend
710 NW Wall Street
Bend, OR 97701
5 Counterparts and transmission. This Agreement may be signed in
counterparts and may be transmitted electronically.
6. Legal matters. Oregon law governs this agreement. Any litigation
between the parties relating to this agreement shall be brought in Deschutes
County Circuit Court. The parties shall attempt to resolve any disagreement
by following the following steps in order:
a. Discussion between District and City staff.
b. Discussion between the District Superintendant and the City
Manager.
c. A meeting between delegates of the governing bodies.
d. Mediation.
e. Litigation, with each party responsible for its own attorney fees.
Authorized by motion of the Bend City Council on September 2, 2009.
Authorized by motion of the Bend-LaPine School Board on ____________.
BEND LAPINE SCHOOL DISTRICT
_____________________________
By:__________________________
Its: _________________________
Date:________________________
APPROVED AS TO FORM:
________________________
CITY OF BEND
_____________________________
By:__________________________
Its:__________________________
Date:________________________
APROVED AS TO FORM:
__________________________