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Agenda Item - 2021-12-21 - Number 8.3 - MOU with Lake Oswego School District 8.3 COUNCIL REPORT ___ o QREGoNI' Subject: Motion to extend the MOU with LOSD Meeting Date: December 21, 2021 Staff Member: Jason Loos, City Attorney; Ivan Anderholm, Parks Director Department: Parks Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Extend the MOU with LOSD for 60 days. Recommended Language for Motion: Move to extend the MOU with LOSD to March 2, 2022. Project/ Issue Relates To: ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑X Not Applicable BACKGROUND The City and LOSD continue negotiations drafting construction and operations agreement for the new recreation and aquatic center. DISCUSSION The MOU with LOSD expires at the end of the year. Both Parties feel an additional 60 days is sufficient to finish negotiations. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 FISCAL IMPACT None RECOMMENDATION Extend MOU ATTACHMENTS 1. M O U 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LAKE OSWEGO AND LAKE OSWEGO SCHOOL DISTRICT Recreation and Aquatics Center at Municipal Golf Course THIS THIRD AMENDMENT TO MEMORANDUM OF UNDERSTANDING (this "Second Amendment") is entered into effective December , 2021, by and between the CITY OF LAKE OSWEGO ("CITY") and Lake Oswego School District No. 7J, also known as Clackamas County School District No. 7, a common school district of the State of Oregon ("District"). RECITALS WHEREAS, on June 1, 2020, CITY and DISTRICT entered into a Memorandum of Understanding for the design, construction and operation of a Recreation and Aquatics Center ("RAC MOU") located at the City-owned Municipal Golf Course property, and entered into a First Amendment to the RAC MOU on April 20, 2021, which extended the term through September 20, 2021, and entered into a Second Amendment to the RAC MOU on September 21, 2021, which extended the term through December 31, 2021; and WHEREAS, Section 2 of the RAC MOU, allows the parties to extend the term of the RAC MOU by mutual written consent; and WHEREAS, the parties continue to work in good faith toward the negotiation and execution of intergovernmental agreements for construction and operation of the Recreation and Aquatics Center, and agree that it would be in the best interests of each to amend the RAC MOU to extend the termination date. CITY AND SCHOOL DISTRICT AGREE AS FOLLOWS: 1. Section 2 of the RAC MOU, is further amended to read as follows (new language shown in bold, underlined text, deleted language shown in strikcthrough text): "This MOU is effective on the date set forth above and will expire on March 2, 2022 December 31, 2021, unless extended by the mutual written consent of both parties, or terminated under Section 7. This MOU will expire automatically upon execution of an IGA between the parties as described in Section 3." // [Signatures on Next Page] Page 1 of 2 - Third Amendment to Memorandum of Understanding—Aquatic and Recreation Center IN WITNESS WHEREOF, the City of Lake Oswego and Lake Oswego School District No. 7J have executed this Third Amendment to Memorandum of Understanding as of the date first above written. CITY OF LAKE OSWEGO LAKE OSWEGO SCHOOL DISTRICT NO. 7J, also known as Clackamas County School District No. 7 By: Martha J. Bennett, City Manager By: Dr. Jennifer Schiele, Superintendent Approved by Council: , 2021 Approved by School Board: , 2021 Signed: , 2021 Signed: , 2021 Page 2 of 2 - Third Amendment to Memorandum of Understanding—Aquatic and Recreation Center