Resolution Requesting the University to Comply with the Existing Intergovernmental Agreement on the Riverfront Research Park

Number: 
US10/11-04
Date of Notice: 
Mon, 10/18/2010
Legislation, Resolution, or Policy Adoption: 
Resolution
Current Status: 
Approved at 11/10/2010 Senate meeting
Motion: 

A BILL FOR RESOLUTION
Resolved, That the UO Senate requests that President Lariviere comply with the terms set forth in the Intergovernmental Agreement for the Riverfront Research Park prior to initiating groundbreaking or construction activities in the Riverfront Research Park north of the railroad tracks, and to report to the Senate without delay how the University has maintained and will remain in compliance with the agreement.

Background

  1. Whereas, University of Oregon land along the South Bank of the Willamette River north of the railroad tracks constitutes a significant public resource, and
  2. Whereas, Through resolutions of the ASUO Senate (09.1.10.2 and on October 13th, 2010) and the UO Senate (US98/99-3, US98/99-4, and US09/10-11) the students and faculty have formally requested that the University engage in meaningful public dialogue prior to development of the University’s riverfront property north of the railroad tracks, and
  3. Whereas, As of September 30, 2010 the University of Oregon has applied for a building permit (10-05164-01) with the City of Eugene to begin a new phase of development within the Gateway sector of the Riverfront Research Park north of the railroad tracks, and
  4. Whereas, The terms under which the Riverfront Research Park (the Project) is to be developed are specified in an Intergovernmental Agreement dated February 14, 1986 (“the agreement”, IGA) between the University of Oregon, the State Board of Higher Education, and the City of Eugene, and
  5. Whereas, The agreement specifies that:
    1.  A Riverfront Research Park Commission of seven members be established with 4 members selected by the University President and appointed by the Mayor and 3 members nominated by the Mayor and appointed by the City Council which is to “provide a forum for public participation and public comment on plans and actions necessary for the development of the Riverfront Research Park Property”, and with the mandate to “hold hearings, study, investigate, analyze, and make expert evaluations of proposals concerning development for the Riverfront Research Park property.” (IGA at 1.1 and 6; IGA Exhibit B: Ordinance 19366; Eugene City Code 2.220-2.226); and
    2.  “The progress of the Project shall be reviewed near the completion of each increment of the Project” and “No further increment of the Project shall be made available for development until both the City and the University notify the developer(s) that the review has been favorable.” (IGA Exhibit C: Land Transfer Conditions at IX.C); and
    3.  “The City of Eugene and the University of Oregon shall jointly select developers for the Project.” (IGA at 9; IGA Exhibit C: Land Transfer Conditions at II.C), and
  6. Whereas, The foregoing conditions of the agreement (outlined in 5.1 - 5.3 above) have not been fulfilled in that:
    1.  The Riverfront Research Park Commission has not met in over a decade, hearings have not been held concerning the proposed development in the Gateway Sector north of the railroad tracks, and development options have not been vetted through public hearings nor with public participation; and
    2.  Development in the Silva sector south of the railroad tracks has not been completed, nor has a review been completed that would allow a new increment of the Project to be made available for development; and
    3.  The University has unilaterally selected the developer for the proposed development in the Gateway sector north of the railroad tracks, and
  7. Whereas, by executing a Ground Lease for development of the Gateway sector on July 15, 2009, the developer (lessee) has acknowledged that “development of the Riverfront Research Park is governed by *the agreement+” and also subject to the Land Transfer Conditions of the State Board of Higher Education (Ground lease at 5.1), and
  8. Whereas, The Intergovernmental Agreement was executed by the President of the University, the Vice-Chancellor for Administration of the Oregon University System, and the Eugene City Manager and is “binding upon the parties hereto, their heirs, successors and assigns as the case may be.” (IGA at 26), and
  9. Whereas, Breach of the agreement may expose the University to liability or litigation.
Financial Impact: 
None
Sponsor: 

Frank Stahl - Biology Emeritus - fstahl@uoregon.edu
Zachary Stark-MacMillan - Student Senator - zstarmac@gmail.com
Ron Lovinger - Landscape Architecture - rlov@uoregon.edu
Bitty Roy - Biology - bit@uoregon.edu
Paul Cziko - pcziko@uoregon.edu