*Authorize the Bureau of Transportation to execute a Flyover Easement Agreement with TriMet for the Gideon Pedestrian Bridge Crossing as part of the Portland-Milwaukie Light Rail Transit Project

The City of Portland ordains: Section 1. The Council finds: On June 23, 2010, by Ordinance No. 183924, City Council authorize a Design and Construction Management Services Agreement between the TriMet and the City of Portland (“City”) for the Portland-Milwaukie Light Rail Transit Project (the “Project”). Construction of the Project began in March 2011 and was substantially complete in June 2015. During project close-out, TriMet obtained approval from the Federal Transit Administration, for the previously deferred scope of a new overcrossing to be built using remaining Project funds. The Gideon Pedestrian Bridge Crossing (“Overcrossing”) restores an important connection across the rail tracks for people walking and biking near the Project’s Clinton St/SE 12 th Avenue MAX station. TriMet has made certain betterments to the City’s public right-of-way in the locations where the rail has been placed, as well as reducing the City’s costs for maintenance of the subject area. On August 15, 2018, by Ordinance No. 189109, City Council authorized execution of an amendment to the Construction Management Services Agreement to incorporate funding for the addition of the Overcrossing. The Union Pacific Railroad (“UPRR”) owns the land over which TriMet constructed the Overcrossing. In order to operate the Overcrossing, UPRR granted to TriMet a Flyover Easement Agreement (“UPRR Agreement”), which document was recorded on June 30, 2020, is attached and incorporated to this Ordinance as Exhibit A, and is also included as an exhibit to the Assignment document referenced in Section 7. Project construction is complete. The Project opened for passenger service in September 2015, and the Overcrossing opened to the public in November 2020. The Project is in the final phase of close-out. The City and TriMet now desire to complete the transfer of property rights for the Overcrossing by executing an Assignment of Flyover Easement Agreement (“Assignment”) that assigns the UPRR Agreement to the City, and a Flyover Easement Agreement (“TriMet Agreement”) which contains the segment of the Overcrossing constructed in TriMet’s right-of-way. Both documents are attached and incorporated to this Ordinance as Exhibits B and C respectively. Acceptance of the Assignment will bind the City to the liability and indemnity provisions associated with the UPRR Agreement, and the TriMet Agreement includes a mutual indemnification provision between the City and TriMet. NOW, THEREFORE, the Council directs: That the Director of the Bureau of Transportation or designee and/or City Attorney are authorized to execute and record the Assignment, and the TriMet Agreement, in a form substantially similar to Exhibits B and C of this Ordinance. Section 2. The Council declares that an emergency exists because a delay in executing this Agreement will risk losing close-out Project funds which expire at the end of June 2022 ; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.