*Authorize City Attorney to settle lawsuit related to construction of the Streetcar approach ramp located near SE 2nd Ave and accept lump sum payment in the amount of $7,500,000

The City of Portland ordains. Section 1. The Council finds: The City, through its attorneys, filed a lawsuit against Tri-County Metropolitan Transportation District (TriMet) and Stacy & Witbeck, Inc. for damages arising from the construction of the Streetcar on-grade approach ramp located at SE 2 nd Avenue. The City alleged breach of contract and negligence claims against the defendants. The City has concluded that after extensive analysis of the facts and applicable law, and taking into account the risks and uncertainties associated with litigation, the Settlement Agreement is desirable to avoid the time, risk, and expense of protracted litigation. The settlement provides a lump sum payment to the City. It also requires TriMet to provide additional support to the City to complete the repairs. Specifically, TriMet will assist the City in identifying and securing additional funding; TriMet will provide the City with technical assistance; and TriMet will provide service interruption assistance at no cost to the City if repairs are performed within the construction window for other contemplated repairs. The City Attorney, Portland Bureau of Transportation, and the Mayor's office recommend approval of the Settlement Agreement. NOW, THEREFORE, the Council directs: The Settlement Agreement is hereby approved and the Mayor or Mayor's designee is authorized to execute the Settlement Agreement on behalf of the City. Section 2. The Council declares that an emergency exists in order to avoid undue and costly delay in settling this lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.