HomeMy WebLinkAbout2008-028 MOU - RVTD/Jackson Co.
Memorandum of Understanding
City of Ashland
and
Jackson County
and
Rogue Valley Transportation District
This Memorandum of Understanding is made by and between the City of Ashland,
hereinafter called the City, Jackson County, hereinafter called the County and Rogue
Valley Transportation District, hereinafter called R VTD.
The City and RVTD desire a "Park and Ride" (P&R) facility near the north City limits to
encourage use of the RVTD bus system, which will reduce the number of vehicles and
parking needs inside the City.
The County is planning to secure right of way for a new street connection between
Highway 99 and Jackson Road, north of the current intersection of these two roads. This
new street will require the purchase of private property for the street right-of-way. The
private property purchase will result in County acquisition of a "non-economic
remainder" approximately less than one acre in size that will not be useful as either right-
of-way or most other purposes due to the size and location of the property.
The County will acquire the property under the guidelines of the Federal Highway
Administration (FHW A). County will make the non-economic remainder (the "Site")
available to RVTD under a long-term lease at nominal rent for the construction of a P&R
facility. RVTD will own the facility, will lease the Site, and will be responsible for
maintenance, subject to the Jackson County land use and real property disposition
process. The details of the lease agreement and maintenance obligations shall be set forth
in a future Intergovernmental Agreement (IGA) between the parties.
RVTD has funds allocated to the P&R and the City provided a federal earmark of an
additional $250,000 to the P&R project. There are two restrictions on the federal funds.
First, these funds must be activated by the Federal Transit Administration (FT A) by
August of2008 and second, the use of these funds requires a local match of
approximately $77,307.
The County's lease of the Site to RVTD at nominal rent under a long-term lease is
intended to meet the FT A match requirement. If private capital is secured through a
neighboring development via County Land Use 'Conditions of Approval' requiring the
private developer to provide capital improvements directly benefiting the Park and Ride,
the parties will seek FTA approval to count the value of these improvements as the FTA-
required match and, if the substitute match is approved, R VTD will reimburse the county
from federal grant funds the lesser of (I) the current fair market value of these
improvements; (2) the current fair market value of the Site lease; or (3) the amount of the
FTA-required match.. These improvements would include completion ofa full-access
county standard road to the north of the parcel that is necessary for accessing the facility,
Park and Ride access (driveway) infrastructure and/or infrastructure within the facility.
RVTD will prioritize grant expenditures to meet and remain in compliance with all
Federal, State and County land-use requirements. Additional improvements to the facility
after these requirements have been met are within RVTD's discretion and will be limited
to the funds available. All parties understand that ifthere are no remaining funds, RVTD
will not be held responsible for reimbursing County. To the extent any federal grant
funds remain at the end ofthe P&R project, upon FT A approval, RVTD will pay County
as reimbursement the lesser of (1) the amount of such remaining federal grant funds, or
(2) the current fair market value of the long-term lease for the Site less any amount repaid
to County in consequence ofRVTD's receipt of private matching funds as described in
the preceding paragraph.
The August 2008 deadline will require: property acquisition, detailed design of the P&R
facility, an environmental study, and a construction bid and award process to occur prior
to August 2008. These steps are necessary to obligate the funds. If these steps are not
completed by the deadline the funds will not be obligated and will be reallocated by the
Federal government to a different project. All parties to this MOD are working to retain
the Federal funding and meet the deadline.
RVTD will contract with an environmental consultant to develop the appropriate
environmental studies and recommend any required mitigation measures.
At no cost to the other parties, County will perform a professional appraisal, acceptable to
FT A, of the fair market value of the Site lease.
RVTD will facilitate between the Federal Transit Administration (FT A) and the parties to
this MOD.
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\c:..-
Date
...-,
"'\ .
"
County Administrator
By C'~, \ II \ ~ S}{ J \, n \CH'---
Connie Skillman, Board Chair
Rogue Valley Transportation District
Date "3 - 19 - O~
APPROVED: ~\, 2
Kri' - fi(
stI Hagey
Senior Assistant County COlUlsel