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ODOT - Parks & Recreation - Cook Park Acquisition L September 3. 1974 MEMORANDUM .Toa Fred Anderson Fromi Bruce P. Clark Subjects Cook Park Land Acquisition The amendments to our contract with B.O:R. .to acquire the additional' 14+ acres at Cook Park have been approved and' I would like to, proceed 'with this acquisition. Would you please prepare the necessary pepera to acquir® this land. A special requirement is a letter- to Mr. Pollack -stating-in •'of fect d4t 'the fair market balue of the land.has been established` et,$43,410 by an appraisal which has been concurred in' by the Bureau-of Outdoor Recreation and we therefore tender this offer to purchase the following described parcel for $43'p*10:' Due to the fact that the land is vacant, there are no' relocation benefits involved in this proposed transaction". I am enclosing herewith a legal description and related information for your use in closing this 'purchases-, If you need any further information or assistance,, please do not hesidate tocontact me. 1 h �i 90 AVER OREGON STATE C'00 Qc HIGHWAY DIVISION � �a (� -0 HIGHWAY BUILDING SALEM, OREGON o 97310 TOM McCALL C'TY �F TiGARD GOVERNOR April 19, 1974 F.B.KLABOE Administrator of Highways Cook Park Expansion Acquisition Project Title BOR 41-00571 O.P. 726 Mr. Roger Blair Project Number Washington County Liaison Officer 150 N. First Street City of Tigard Hillsboro, Oregon 97.123 Agency Dear Mr. Brown: We are pleased to notify you that the project indicated above has been approved by the Bureau of Outdoor Recreation and the Oregon State Highway Division. By now your County has received a copy of the fully executed agreement. Also, your appraisal has been reviewed and certified by our agency. This; letter authorizes the undertaking and completion of this project under the terms of the B.O.R. project agreement and the previously executed State-County agreement. Once every fiscal year, or upon completion of your project, you may bill the Oregon State Highway Division for properly documented costs incurred during the project period. If we can be of further assistance, please feel free to contact us. Very truly yours, Walter J. McCallum State Recreation Director WJM:dc cc: Bruce Clark, Tigard A DIVISION OF THE DEPARTMENT OF TI:ANSPORTATIORI Y• o DEPARTMENT OF F : - " TRANSPORTATION g9. 1 HIGHWAY BUILDING • • SALEM, OREGON • • 97310 April 17, 1974 TOM McCALL City of Tigard GOVERNOR City Hall GEORGE M.BALDWIN Tigard, OR 97223 Director of Transportation SAM R. HALEY Attention: Doris Hartig Deputy Director City Recorder A V V% 18 CITY. OF TIGARD Gentlemen: Attached for your records is a fully executed copy of an agreement with Washington County, City of Tigard and the Highway Division re'the Cook' Park Expan- siom Project in connection with the Bureau of Outdoor Recreation. Fully executed copies .of this. agreement are being sent to Washington County and to the City Adminis- trator of Tigard. We have retained the same for the Transportation Commission's files: Very truly yours, C. W. Head COMMISSION SERVICES fkn Att. cc Bruce Clark City Administrator P.. O. Box 21557 Tigard, OR 97223 JSI:jw•dc . Rev. 8/16/73 AGREEMENT d entered into this da THIS AGREEMENT, made an ,�_ y of T9 , ,by and between the.STATE OF OREGON, by and.through its Dep_ rtment of Trans ortation, Highway Division, hereinafter called "State . Washineton COUNTY, a political subdivision of the State of Oregon, .by and through its Board of Commissioners hereinafter called"County and_ Ci gf TJ garti a municipal corporation of the State of Oregon, by and through its City Council hereinafter called City WITNESSETH: WHEREAS, City _ proposes to undertake the following outdoor recreation project: Cook Park Expansion (aca.) OP726 in Washington County, Oregon, hereinafter called the "project, " and, to that end, proposes to perform work and acquire land, if any is.,to be acquired, as set out and described in the Aovlication for Federal Assistance attached hereto, marked "Exhibit A" and by this reference made a part hereof; and WHEREAS, federal matching funds for acquisition and development of outdoor recreation areas are available under the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), as administered by the Bureau of Outdoor Recreation, U. S. Depart- ment of the Interior; and WHEREAS, it is the intent of the parties hereto that City acquire land and perform development work, as set out in Exhibit A, in accordance with the Land and Water Conservation Fund Act of 1965, any other applicable federal and state statutes, and the requirements of the Bureau of Outdoor Recreation; that County apply to State for federal funds with which to reimburse City for 50% of the latter's cost of acquiring such land and'performing such'work; that State apply to the Bureau of Outdoor Recreation for such funds and, upon receipt thereof, pay such funds to the County; and that County, in-turn, pay such funds to City NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: j .4 SSI:jw 6/5/67. 1, City shall acquire land and perform the work of the project in accordance with Exhibit A. As hereinafter used, "work of the project" shall include both, acquisition of land for and development work of_ the. project, and "cost of the project" shall include. both costs of acquisition of land - for and development work of :the project. 2. The estimated total cost of the project is $ 34.864. City shall, in the first instance, pay all the costs of the project. Upon . completion of the project,. City shall submit to County and County shall in turn submit to State an itemized statement of the actual total cost of the project. 3. Upon receipt from County of the itemized statement of the actual total cost of the project and ccmpletion of the, project in accordance with the terms of this agreement, State shall apply to the Bureau of Outdoor Recreation for one-half the estimated total cost of the project or one-half the actual total cost of the project, whichever is the lesser, and, upon receipt thereof from the Bureau of Outdoor Recreation, shall pay such amount to `County. County shall in turn pay such amount to Cites if City has completed the work of the project in accordance with the terms "of this agreement. It is understood by the parties hereto that .where the actual -total. cost of the project exceeds the estimated total cost of the project, State shall not be obligated to apply to the Bureau of Outdoor Recreation for, or to pay to County, any amount in excess of one- half such estimated total cost . County shall not be obligated to pay _ City any moneys other than those received from State under this agreement . It is further understood that City shall be solely responsible for any excess of the actual total cost over the e:-•timated total cost of the . project . State may, where acceptable to the Bureau of Outdoor Recreation, apply for federal funds prior to completion of the project : in such case, State shall pay to County, and County to such amounts from federal funds for com- pletion by _ Ci.ty of such portions of the project as may be agreed upon by City , County, State and the Bureau of Outdoor Recreation. Q . Upon completion of the project, the following ,parties shall perform the following duties The City shall be respci_.is i.b.le for operae lon and maintenance of said facility for public outdoor recreation. -2- i . JSI jw 6/5/67 5. It is understood by the parties hereto that no funds of State or County are, under this agreement, committed to payment of any costs of the project, and that obligations. to apply for federal funds as well as the right of Y to receive reimbursement for any costs. of the project shall extend only to those portions. of the ;project, including the estimated costs thereof, approved by the Bureau of Outdoor Recreation. 6. If City fails to perform the work of the project, County shall perform such work and Cid shall reimburse County for its costs therein, less federal funds received by County for such work. I£ both City and County fail to perform any of the work of the project, and State is forced thereby, because; of .commitments made by State to the Bureau of Outdoor Recreation, to perform any work necessary to bring the project to a useful state of completion (as determined by State and the Bureau of Outdoor Recreation) , City and County shall be jointly and severally obligated to reimburse State for all State's costs in performing such necessary comple- tion work, less any federal funds received by State for such work. 7." county and City and each of them, hereby agree to comply .at all times with the LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT - General Provisions, attached hereto, marked "Exhibit B" and by this reference made a part hereof, in accordance with paragraph 5 of part A .(Definitions) of Exhibit B. 8. City shall complete the work of the project by December 31 9 . City shall sign this agreement during a duly authorized meeting of its _ City Council and County shall sign r.his agreement during a duly authorized session of its Board of Commissioners IN 11ITNESS WHEREOF, the parties hereto have set their hands -3- and affixed their seals as of the day and year first above written. STATE OF.OREGON, by and through its Department of Transportation, Highway Divisio APPROVED AS TO FORM By` tate.Par s Superintendent WALTER L. BARRIE Assistant Attorney General and Counsel WAsh ngten County, by and through its APPROVED WASHINGTON COUNT-4 BOARD OF COMMISSIONERS Board of Commissioners MINUTE ORDER#.....73,,,-..;.7 B ..... � --_... DATE ../.. *+r�Ea".....,7 ...:..... y sY °'„ fl �Z' Chairman ..._ � CLL By ATTESTS �F' Commissioner y y, �j r,+ U� . o Byr/ fyY Y _...• A\ Commissioner aO p�kTv/V 0013 (_{t3A of T9$ard by and through its City Council By: r ATTE : JSI:jw:ja:dc Rev. 8/16/73 0 OMD NW 80-n01e4 1. Stele Clearinghouse Identifier APPLICATION FOR F`r-O`,�RAL ASSISTANCE1. 2 030 (FOP, CONSTiZUCTION PROGRAMS) ---- — 2. Applicant's Application No. PART 1 _0._P. 726 3. Foderol Grantor Agency 4. Applicant Name E Un,S,� ]�e.�artment o t e I lerio.r} 9 State High'-:';ay Di Vision�� •-�� 11r_e Iln___-- -- Orgonisotional Unit Deportmont Division BLIMIu of Outdoor Rec?eat-1 City of Tigard - Administrative Office Street Address -P.O. Box N_o_rthviest Region P. 0. Box 23557 Street Address - P.O. Be. City County 1000 Second Avenue __ Tigard Washington City —_-`----- State Zip o%• State Zip Code Seattle Washington 98W�4 Oregon 97223 5, Descriptive Nama of the Project Cook Park Expansion (Acquisition) 6. Federal Catalog No. 7. Fodorol Funding Requested • 1.5.400 S 21 ,705 E. G�ontea Typo - - -- State, County, City, Otl,ar(Specify) 4. Type of Application or Request �r Now Grant, Continuation, Supplernont, Other Changes(Specify) lU.Type of Assistance - ----- loon, __Other(Specify) i t p,t j.TP { 1 Jll.Cor,:ru.s�ooal District 14. Beginning Owe J� Date of Approval 1 _ of Project_&Vreement _ b. 1 Date of Application -- 116. hhao;r;-•licont certifies that to the best of his 4nowledgo and bolief tiro dela in this application are true and correct, and that he will curnply with the rttachad osTwr9"es if he receives the grant. David G. all of Bruce Clark City Administrator State Liaison Officer P. 0. Box 23557 S t a t c 11ighway Gui(ding Tigard, OR 97223 Salem, Oregon 97310 (503) 639-4171 Typed name Title State Recreation Telephone Number Walter J. McCallum Director - _ AREA CODE NUMBER EAT. SIgnoturn of AuthoriZed Rdes rentotive ir - )f, 1 4 .��_ �_�'� . �I` �1 '�' ^. 503 378-6596 - — For federal Usa Only t �I OMD NO S164 PART II PROJECT APPROVAL INFORMATION SECTION A t�o;nr o{C.av^rnu,ct .,r,4t1» — I[}6r.s itti6 l ;1 `.Jn4^ ia;VEff r�'.jurro �'..�':, IoC41, Priority koting — ;z (enol, os e.t.er priciity ro!irq? — -Yes_ .No t� -, s;:ib 4>slr,t„r.ca Y:qucst tequlrr Stoic, or iocrl frame of Ar!oncy (it ucava >'y, '�v�cfiar cl or E;r airy <:f orcnCet? Board _ - Yes _ -_ fEo (:attach Documentollon) Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? X Yes No -----^— -�— btoter Ioc:13, y�GntL at j11>jJfOvin� R ;•n�f d t:j yit}[r r ri t Ct n T' 17 Date taut, Yes 11 Section II-F-2, 3rd Ed. Item 5. Is the proposed project covered by on approved Check one: Stole X SUppl eijlE'nt, 1 9�0, and comprehensive: plan? Local F Appendix Q, District 2, Regional XX Standards & Needs , 1912 X Yes__N0 Location of plan —CRAG U-r1d--tlSe--P1 un — - — 1itf1 i iss.t,, (r r.-,ueated aervc, a Federol Home e{ Federal lncia'jali srt„ tr ;7(�t,t; 't' _ Yes - No FadcraC Population bcnefii tril from f-r jcct � Item 7. _ 1Yill the assistance requested be on Federal land Name of Federal Installation — — Location installation? ocatian of Federal Land_____----- �-- Yes__A_No Percent of Project -- hom E3. 1'(ill tho assistance requested I:ave an impact or effect See instruction for additional information to be on the environment? provided. X Yes No lte na 9. Number of: Will theassistance requested cause the (lisplacemeni of Individuals I=umil ics individuals families, businesses, or forms? Businesses _Yes __X=No Forms — Item 10. It. thoiler ler related Federal assistance on this See instructions for additional information to be j provided. Project pevious, ponding, or anticipate ? X Yes No Previous projects 41-00159, 41-00463 • OMD NO. EO-H0I64 INSTRUCTION PART II — SECT101d B 11. SITES AND IMPROVEMENTS: _—____ Not required, —X _ Attached as exhibits Applicant intends to acquire the site through: Eminent domain, X __ Negotiated purchase, Other means(specify) 12. TITLE OR OTHER INTEREST IN THE SITE IS OR WILL BE VESTED IN: X_Applicant, _ Agency or institution operating the facility,___— Other(specify) 13. INDICATE WHETHER APPLICANT/OPERATOR IIAS: Fee simple U(le, Leasehold interest, Other(specify) la. IF APPLICANT/OPERATOR HAS LEASEHOLD INTEREST,GIVE THE FOLMNING INFORMATION: a.Length of lease or other estate interest ___, and number of years to run Yes No ( 1.-t ,�l_f ,.. k i! Ci_`.i: !_1 rc r1'I +G 1, 1'if 1 c.•{"i ri (,f,1e �,�.' ti�,rlff' 1i ,$ ;».-t.i1� ii I 1. 1._��f/t__2, ') ',_ : i t'� ''r. � -, , .. l I' 1- r ,LI'.itf't:T li.`; tl'. t 1_r` . i._i�'[lig 1 ';i i�:;1,T1i;ia .`••t!% V 1 1 Ft lT r 1 i N. _ ------._ --- •_, r,.t..tel; c�l'n1iho r.' - ;. (Dili, , 21 DESCRIPTION OF FACILITY: Not required X Attached as exhibits Drawings—Attach any drawings which will assist in describing the project. Specifications—Attach copies of completed outline specifications. (If drawings and specifications have not been fully completed,please attach copies or working drawings that have been completed.) NOTE: ITEMS ON THIS SHEET ARE SELF-EXPLANATORY;THEREFORE, NO INSTRUCTIONS ARE PROVIOEO, 7 akin NO. 80 N0184 PART III l+Ul)GLT il'!I"Or-" ATION — COINISTRUCTION —_------_-- ----.-_— SECTION A — GENERAL 1, Federal Domestic Assistance Catalog No. . . . . . . . . . . . . ----- - �Q�-- — -- SECTION G — CALCULATION Or FEDERAL GRANT Total Cost Clussificotion -V~ Amount Required i 1. Administration expense 2. Preliminary expense 3. Land,StrnCtnre$, right-of-way _ 410 4. Architectural engineering basic tees T i... I 5, Other architectural engineering fees _--____--- fl t. Project inspection fees r 7. land development B. Relocation EYpenses l 9 5l elocation ,)a;nients to Indiviews anti businesses 1 10. Demolrlion and removal -------- - 11. Constiuctioo and project improvement12. Equipment _ I �13. Mi scel I ancous — - -- —----- i 43010 14. Total(Lines l through 13) 15. Estimated hlcome(if applicable) T_ _ „_ ---- 1G. Net Project Amount (Line 14 minus 15) 43,410 I 18. Add: Continvcncies — 19. Total Project Amt.(Excluding Rehabilitation Grants) 43,410 20. Federal Share requested of tine 19 21 '705 ?1. field hcn 'it t'L c ') , 22. Total Fcd:�ral grant requested(Lines 20 &21) 21 705� ., --- 23. Grantee share 21705 t 24. Other shares — -- -- — ------ _4 1_ 43,410 25. Total project(Lines 22, 23 R 24) OMD NO. RU-U0104 SEC. CIO:4 C CI�sslrEceNen h;-1i}fbl�Fm- E'nclv3nd f,r,;n k, --w va,ad - contingoncy r'r- -licit t 26 _ SECTION D — PROPOSED METHOD OF I'MANCING NON-FEDERAL SHARE 27, Grantee Share S a.Securities b. Mortgages C. Appropriations(By Applicant) d. Bonds e. Tax Levies ___- ----- --_ 21 ,705 t. Pion Ci,sh -- g. Olhcr(Explain) h. TOTAL=Granlce share 21 ,705 28. Other Shares a. State b. Other V c.Total Odmi Shares 29. TOTAL $ 21 ,705 SECTION E — REMARKS i t i i PART IV PROGRAMi NARRATIVE (Attach — See Instructions) t i PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. P 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE. rs ec?s.ictUntf�Md tjtldid uasc3 We b©sng flet and`st: Pinpoint any relevant physical, economic, social, financial, the results snd ben�fsts+dcntsl ad sn ltem 2 are kr 1h t institutional, or other problems requiring a solution. achieved Demonstrate the need for.assistance and state the principal d. List each organization, cooperator, consultant, or and subordinate objectives of the project.Supporting docu- other key individuals who will work on the project mentation or other testimonies from concerned interests along with a short description of the nature of their I other than the applicant may be used. Any relevant data effort or contribution. based on planning studies should be included or footnoted. 4. GEOGRAPHIC LOCATION. ' 2. RESULTS OR BENEFITS EXPECTED. Give a precise location of the project and area to be served Identify results and benefits to be derived. For example, by the proposed project.Maps or other graphic aids may be Include a description of who will occupy the facility and attached. show how the facility will be used. For land acquisition or 5. IF APPLICABLE, PROVIDE THE FOLLOWING IN- development projects, explain how the project will benefit the public. FORMATION: 3. APPROACH. a. Describe the relationship between this project and a other work planned, anticipated, or underway under a: Outline a plan of action pertaining to the scope and the Federal Assistance listed under Part 11,Section A, detail of how the proposed work will be accom- Item 10. j plished for each grant program. Cite factors which might accelerate or decelerate the work and your rea- E Xfiiafrt the reg on for all reiuestg tar suppji mertw son for taking this approach as opposed to others. s tancrt cnd jGttlfj the nsed.:for ad.ditsonal funditsg' Describe any unusual features of the project such as ff1r hments to�iat8 olrtl;hst sti chronv' design or technological innovations, reductions in lar o vtdOt a Schr;ule Of'accq!mpiishMCnts'.progress. cost or time, or extraordinary social and community of mire tone ariticipted ,Jith the nate fending re-:. involvements. yue t; If there hRie ter n sinifsrant:chi Hetes:in the b. Provide for each grant program monthly or quarterly laroji oL)i;tiv s #ocatson apprL; hot time delzya, quantitative projections of the accomplishments to be ctXpl in and just�ry F.or csth.ex r^que§ts for.changes or achieved, if possible. When accomplishments cannot amnndmersLi,AY.p,E�..the reason.. jti7e 1.changes) If be quantified, list the activities in chronological order iha Scope or.:cblective5 have cha°tg•..i,or ari:extcnsscrn to show the schedule of accomplishments and their of tist�e i5 ries scary,>explain:`,tha dreumsfsnces and:; target dates. jusa y if trie total,budgat>i aS:bo.rs exceeded or if:: ffidf ideal hiidgt t I;ems have.,changed more:than t5e :-CIdentlfY the>Virlds nt dM:46:b@ CO 10rtetl and msln .. fr;e9cribed:lim is contained.in ktvachment K Offi a Yatneit, t'rcd discuss:the criteria to Le mtd:ta evalua°e<' Of ri'iasta ern ni nd :Budget Circul rr Ntr i07,cr I tfte te.ults rnd s,ccss5 of 1x�e prosect xpEa+n thR plash anrgl lustsfyt the Changs and sts effect on iha sltciho 'rla that iU bs tired to Getr rms3�a sf the:-`. ect �: ......... :....:.. ...:..:::...::.. ..:..:. :... :::.; ::...:Pr l.... ,.:.... .... ....... :.:::..::..:... ..:..... 1 i . j I 1 f r PART V ASSURANCES r The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements. +' including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application. acceptance and use of Federal funds for this federally-assisted project. Also, the applicant gives assurance and certifies with respect to the grant that: 4 1. It possesses legal authority to apply for the grant,and to conducting inspections to insure compliance with these finance and construct the proposed facilities; that a resolu• specifications by the contractor. tion, motion or similar action has been duly adopted or 9. It will cause work on the project to be commenced with- passed as an official act of the applicant's governing body, in a reasonable time after receipt of notification frorn the authorizing the.filing of the application, including all under- approving Federal agency that funds have been approved standings and assurances contained therein• and directing and that the project will be prosecuted to completion with and authorizing the person identified as the official repre- reasonable diligence. sentative of the applicant to act in connection with the application and to provide such additional information as 10. It will not dispose of or encumber its title or other may be required. interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which- 2. It will comply with the provisions of: Executive Order ever is the longer. 11296, relating to evaluation of flood hazards, and Execu- tive Order 11288, relating to the prevention, control, and 11. It will comply with Title VI of the Civil Rights Act of abatement of water pollution. 19G4 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall,on the ground of 3. It will have sufficient funds available to meet the non. race, color, or national origin, be excluded from participa- Federal share of the cost for construction projects. Suffi• tion in, be denied the benefits of,or be otherwise subjected dent funds will be available when construction is com• to discrimination under any program or activity for which pleted to assure effective operation and maintenance of the the applicant receives Federal financial assistance and will facility for the purposes constructed. immediately take any measures necessary to effectuate this }4 It; r�iil crtfiitt n ii rtat by )is appro,>rirte F'ecteral: agreement: If any real property or structure thereon is pro � r3 y a� the final �r�+rta Itraa�u,r��:.iielslrecifucatrnrisbq vided or improved with the aid of Federal financial assis- t fcr v: ,)1 ,, „I�� lrr;jutr t rt.;or.lt r;.;s O+i t1t, „tiarke:for:: tance extended to the Applicant, this assurance shall obli- la(d 11CiU tu.rt;+c, br'ca.as tt ii;Eig: gate the Applicant, or in the case of any transfer of such in::z: tit araC i h'the,: property, any transferee, for the period during which the epl l , rt rd ?pll+Cioco ;{a+� att8 cs�,rc Yt_ titins .if23i f4_ real property or structure is used for a purpose for which .fvr r,rar sp the Federal financial assistance is extended or for another prc,vr+l r},Rnf:1 ttt=t o tJte pro' c3 use ot. purpose involving the provision of similar services or bene s�Zaee tri3rticr,.:l%1 Jaut, tii,t it;viil r.�;t �rn*rr:irito d> fits. CCr=£tilt +i ,t GArtt 2{5) for ;ys pYCr Li nr t ri3e, *,re other' 12. It will establish safeguards to prohibit employees from {itltHtl' llrlitl`lhP(Gr3(t tIl)nS(?f t}1 rons�rt+c'.ai, ..., .' using their positions for a purpose that is or gives the ap• r�+rz; }f .R Uecn tttitt ... .... pearance of being motivated by a desire for private gain for ..... ;: 5. It well provide and maintain competent and adequate themselves or others, particularly those with whom they architectural engineering supervision and inspection at the have family,business,or other ties. construction site to insure that the completed work con. 13. It will comply with the requirements of Title II and forms with the approved plans and specifications; that it Title 111 of the Uniform Relocation Assistance and Real will furnish progress reports and such other information as Property Acquisitions Act of 1970 (P.L. 91-646) which the Federal grantor agency may require. provides for fair and equitable treatment of,persons dis- 6. It will operate and maintain the facility in accordance placed as a result of Federal and federally assisted pro- with the minimum standards as may be required or pre• grams. scribed by the applicable Federal, State and local agencies 14. It will comply with all requirements imposed by the for the maintenance and operation of such facilities. Federal grantor agency concerning special requirements of 7. It will give the grantor agency and the Comptroller Gen- law, program requirements, and other administrative re• eral through any authorized representative access to and tire quirements approved in accordance with Office of Manage- right to examine all records, books, papers, or documents ment and Budget Circular No.A-102. I related to the grant. 15. It will comply with the provisions of the Hatch Act 8. It will require the facility to be designed to comply with which limit the political activity of employees. the "American Standard Specifications for Making Build. 1G !t will tornpI tivlthifto nilillrtturn W3gG�trt i rttHxrn Um; Ings rind Facilities Accessible to, and Usable by, the Physi• hours 4irgtjifiipn9 af.aiie 1=@deial Feir l.i:bnr:!itrijid4rtt5 art, tally Handicapped,"Number A117.1.1961,as modified(41 as tory O.pplK:ib huspit<,I:and:c�lliea{iAria( to>titutu++)1>:enf'<' CFR 101.17.703). The applicant will be responsible for plo}ted tnment5 ' INTI 2037-73 Part IV, Program Narrative Cook Park Expansion Washington County, O.P. 726 The purpose of this project is to acquire 14.47 acres of land ad- ' jacent to the existing Cook Park for future development as an expansion of the park. The property is located adjacent to the north park boundary west of the existing access road, and includes about 900 feet of frontage on the Tualatin River. The property is very slightly rolling, and is flooded at extreme high water stages. The .highest portion of the property is adjacent to the river - the flooding occurs by back water from the river downstream from this Area. There is very little current across the property at flood stage - the main effect of flooding is the deposition of silt and mud from the standing -.water. The existing park has picnic facilities, two ball fields, a boat launch range, a floating dock -and playground equipment. -The supporting facil- ities include restrooms, interior park roads, parking lots and an irrigation system. The preliminary development plans for the property to be acquired in- clude picnic areas, a parking lot, restrooms, an archery range and provision for model airplane and car operations. The model plane facilities include both wire guided as well as radio controlled free flight models. Much of the newly ac- quired area will be left as is for natural area. The property across the 'Tualatin.River south of the park is the Tualatin Country Club golf course, and to the west is some vacant flood land proposed to be acquired by the City of Tualatin: for 'future development as a city park. The property east of the park is pasture, and to the north, on a bench some 30 feet above the park elevation, is scattered single family residential development. Tigard High School is at the intersection of the park access road (S.W. 92nd Ave.) and Durham Road, and is about 1/2 mile from the park. There is a power line along the west side of S.W. 92nd Ave. , with a terminal pole just outside the existing park boundary. The power service to ..the..exis.ting park is all .underground, ,,and. .the,r,e is no .power service to the pro- posed acquisition. All power lines in the .park are now underground and all future .lines will be placed underground. -The city has and will continue to conform to the requirements of P.L. 91-646. There have been two :previous -B.O.R. projects in -this park. Project 41-00159 included an irregation system in the ball field area and boating facil- ities on the southeast side of the property, as well as an access road through the park and an underground power distribution line. Project 41-00468 includes a lot of miscellaneous work., such as extension of the park road and parking lots, improvement of the park drainage system. r' .Environmental Assessment Cook Park Expansion Washington County, O.P. 726 1. Description of the proposed action The proposed project is for the acquisition of 14.47 acres of land adjacent to. the existing Cook Park on the Tualatin River at Tigard. The pro- posed new land will be used to expand the existing types of facilities and to provide some not now available. 2. Description of the environment The property is located adjacent to. the north edge of the existing park west of the park access road. The land is gently rolling, and slopes to the east. The -highest portion of the property is the wooded area along the Tualatin River. The easterly 2/3 of the property is open pasture land,, but there is a. swampy area in the northeast corner with about one acre of water surface. This swampy area is inhabited .by a flock of Mallard ducks, apparently year-round residents. The lands adjacent to the park on the north and northeast is open pasture land. A short distance to the north (100 to 400 feet) of .the .par.cel to be _ac- quired, there is a rise of about 30 feet above the elevation of the park. The land on the upper level is now rural-residential use, but is rapidly being con- verted to residential use. Tigard High School is located .about 1/2 mile north of the park. All of the lowland area is subject to flooding in extreme high water stages•, �and _the access .,road to the park was recently inundated by up to 4 feet of water in a major flood. The park, and the. proposed addition, is bounded on the west, south and southeast by the meandering Tualatin River. The land to the south, across the river, is occupied by the Tualatin Country Club golf course, which is located on a bench well above the river. Across the river to the west is a large low area that floods at high water stages, and may be purchased at some time in the future'by the city of Tualatin for park purposes. 3. The environmental impact of the proposed action The project consists only of acquisition, and 'a title transfer as such has no effect of any kind on .the environment. However, the change in ownership will lead to a change in use, and this change will affect the environment. The southeast .corner .of the property .is now being used for overflow parking, and a paved parking lot will be built in this general area, so little change will oc- cur at this location. The major change will be in the noise level at times when the model airplane fliers are in the area. j -2- -Environmental Assessment COOK PARK EXPANSION The proposed development will include -provisions for both wire .con- trolled and radio controlled free flight models. Both kinds are powered :by small one cylinder gasoline engines .which turn up to 16,000 r..p..m. and sound like a mad bumblebee even at a distance of 1/4 mile. These model fliers have been using an area north of Portland, but development in the area has just aboutstopped that activity. The. overhead power lines are the one item most detrimental to the models, and the .north Portland area is now full of them. Much of the area will be left .in its existing condition as a nature study and natural area. This includes both the wooded area along the river and the marshy area in the northeast corner -of -the-property. 4. Mitigating measures included in the proposed action Due to the noise created by the model airplanes, it may be necessary to require mufflers on them. This will reduce the noise by 75 to 80% which would make them inaudible to off site: persons. At the present time there is only one dwelling within sight of the park, .but additional ones may be built in the future. 5. Any adverse environmental impacts which can't be avoided The only unavoidable adverse envoronmental effect will be the minor amount of noise, dust and confusion caused by the construction -equipment and crews .dur- ing the development of the facilities. The noise of the model airplanes can be controlled by mufflers if this becomes necessary. 6. The relationship between local short-term uses and man's environment and the maintenance and---enhancement of long-term_.productivity The long-term effect of the project will be the conversion of a pasture to a public park. Because of the periodic flooding, ranging from less than a foot near the river to about 4 feet near the northeast corner, it is highly un- likely that permanent structures wouldeven be built in this area. The conver- sion to park use will result in a large number of people introduced into an area now mainly used by domestic livestock. 7. Any irreversible and irretrievable commitments. of resources The acquisition will not .be an ,irreversible commitment :of land ex- cept for the fact that it could then b.e converted to other uses only if the decision were made to abandon the site for park purposes. Such a decision is highly unlikely in view of the 'need. for xecreation. facilities and the fact that Federal funds have been used in the park and this would require their approval. -3- -Environmental Assessment COOK PARK EXPANSION 8. Alternatives to the proposed action The alternative to purchase is .simple - not to purchase. This would leave the land as ,farm land, either pasture or some other farm use. Subdivision of the land for structures is extremely unlikely: in view of the flooding. 9. Consultation and coordination in developing the proposal The project proposal was developed by the City of Tigard with no as- sistance on the proposed design. The appraisal was made by Ken Turner, a fee appraiser and reviewed by the staff of the Right of Way Section of the Oregon State Highway Division. 10. Coordination in review of draft statement .The project has been reviewed by the Washington County Board of Com- missioners, the Columbia Region Association of Governments and the _local Govern- ment Relations Division of the State Executive Department. t Tm It38,tga`tlt\ /B4 •J/• tom;\ �\ �• •SII. / ;f' •. �'. ,//� �.. , 1i '//23:111(/•— A�MLIT,�• IiS _ I3M 166' ,� 7q, ;" r. r ••w' _ ter,? - St ArAlronys .� \ 287c- a 1 ,ice• �; .,�. _ - •- fc •,:" 'A •r c / \ Phillxw'i.,� r• ` i' Y'1 •I - 1 • �,• :7-�a _m�Srh d`.. 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II . .1�///� HAZE I , i -- J --- /97 •A II 13 n Ii l• !• ii li TU / ATIN \ II, .!I \��• •••Zjll • ° o 11 II 11 — ,�SW PETERS R. 7UALATIIJ�••_ _ 'L ROAD U u _ _- '• /7b =- - /63 Winona) n Cem`e - COUNTRY CLUB i 1` i7a 'li •{•' I Ir ` iZIT� II ' •ij° it n I It •r °. ^_ a PACIFIC :.�.. Park t �0X tl f 2z._ � � li .`L ;�• � p 'n' -- - -!�O_. 17211 a =s -- •�'% i �L 4 62_ -� - I BM 123 ,' ��• --,• 24 4� 21 __ 22 GIpO%F, /J2• ,23 �.'�j-•._�1_�aI "1 .�y J®- 1 - I 'Rd�BM 134 x;`�°� 7: t:Tualatin! tr 0 Herrman•—% 13a • II I x` •i�ji n II II ❑ � /R� �- \{Cipult' uI CCT IC r A` Sell /� !!, II ,�� o% gHERWOOlit 7, b � �- I ; •, v `� Tualalint r Sch � •rsAr,FRr BM- 226 i 1 I r t , I p 0 P A 17- I'll N y -37 T7 t ' CooK PA kjk } Sw y 19 3 4 c � ' i � I i v i -- p =/c,vic 41 � ML1oSE a£ Pir NA7URE r c1 � PYCN/C ForfvrA/� �i f 4/ C^ At?DEC R/C /1)QC✓�t . / cw.e nef+cK p rrw,vr Ftri,v; v l\ s>xii i rrlm r REST'R � ii i i D \ waft frA 6 F"i"r CQCLE N CA N C/L //oE FL/TE C/iCLF • S ° //o�"DIA - PREL/M//V,9l2Y DEYELOPEMENT PLAN swQ,rnv� LOT SB JPACEJ a y� FOR A®®s�0®i�/ i _ �I ' cEN7E.m O/ c1rrof ngr.4,P0, QAW c 3t rlOn" /s, II i 6Ny Gvvi J/oN T2J,R/W,WAS. - — — — r--- - -1-1 sSOX29557 I 1 ,�, n6.grao, oaE4 dv 97127 1 1 {{I EX/S T//Vf� COOK 199RK / / L - - -� L � � 1 DI form 1350 IHu6trelon No./ (March 1966) • U.S. DEPARTMENT OF THE INTERIOR ' ASSURANCE OF COMPLIANCE (TITLE VI, CIVIL RIGHTS ACT OF 1964) City of Tigard, Oregon (hereinafter called "Applicant-Recipient") (Name of Applicant.Recipient) HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no per- son in the United States shall, on the ground of race,.color, or national 'origin be.excluded from participa- tion in..be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance..from Bureau of Outdoor Rec— and Bureau or office reatlon Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by Bureau of Outdoor Ree. , This assurance obligates the Bureau or Office Applicant-Recipient, .or in the case of any transfer of such property, any transferee for the period-during which the real property or structure is used for a purpose:involving the provision of similar services or bene- fits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. . In all other cases, this assurance obligates the ,Applicant-Recipient for the period during which the Federal financial assistance is extended to it by Bureau of Outdoor Recreation. Bureau or Office THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and .all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financialassistance will be extended in reliance on the representations and agreements made in this assurance,:and that the United States shall reserve the.right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, trans- ferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. July 17, 1973 City of Tigard, Oregon DATED APPLICANT-RECIPIENT 1 . By C pQrX,�?G!�HI�YIh'u�i1{Jt Yi�Xi 2f11di 1XQCi�i 13f�a119�e . ?SI)iladdf?OXALZSt1C City Administrator P. O, Box 23557, Tigard, Oregon 97223 APPLICANT-RECIPIENT'S MAILING ADDRESS U.S.GOVERNMENT PRINTING OFFICE:1966 Or-226-925 919.773 1'7;4� ,Jj an Y'f 4d Y td Y bwda V A STATE CLEARINGHOUSE :Local Government Relations Division 240 Cottage Street S.E. , Salem, Oregon 97310 Bill Kramer, Supervisor Phe 378-3732 . STATE A-95 REVIEW CONCLUSIONS �Yri APPLICANT: Highway Division 4// PROJECT TITLE : Cook Park Expansion OP 726 v - DATE: November 14, 1973 The state has reviewed your project and reached the following conclusions : No significant conflict with the plans, policies or programs of state government have been identified and your proposal is endorsed as RECEIVED presented. STATE WXY ENG, ❑ Relevant comments of state agencies are attached and should be considered in the final -design of j3 your proposal. , kEFER To Potential conflicts with the plans and programs ❑ of the state agency (s) have been satisfactorily FOR resolved. No significant issues remain. i [ ❑ Significant conflicts with the plans, policies or programs of state government have "been identified and remain unresolved. The final proposal has been reviewed and the final comments and recommendations E. S. Hunter of the state are attached. D. G. Talbot - ^ ; --W:' J. McCal 1 um J. H. Versteeg R. E. Royer NOTICE TO FEDERAL AGENCY _ J. B. . Boyd 1 + r" y The following is the officially r,�V I .c'19]3 H. S. Cox assigned State Identifier Number: STATE: PARKS .44._v 1, Don, Byard RECREATION SECTIO B. L. Gifford R. N. Chase �' • M. J. Klotz This number should be used on all L. W. Rulien correspondence and R. C. Blensl p particularly on y SF 240 as required by OLIB A-98. A copy of this notification and attachments, if any, must accompany your application to the Federal Agency as required by OMB A-95. Comments of . the appropriate local reviewing agencies must also be included. BEN GIFFORi) MRS#2 1� Oi TL�i_ i ��,';-_ �•'r.` c'_ri =� `'! t C®EURASIA REGION ASSOCIATION of GOVERNMENTS --= -•�� 6400 S.W. CANYON COURT (503) ,297-3726 . PORTLAND; OREGON 97221 D P71 LACKAMAS COUNTY January 245 1974 Canby Gladstone Happy-Valley Lake °Swag° Milwaukie .. Mr. Walter J. McCallum Oregon City% State of Oregon Highway Department West Linn State Highway Building Salem, Oregon 97310 LARK COUNTY Camas Re: Cook Park Expansion Vancouver Washougal Dear Mr. McCallum: DLUMBIA COUNTY The above-described project application has been reviewed Clatskanie Coltimbia city for compliance with the adopted regional goals and guide- Prescott lines and the Interim Regional Development Policy, and for Rainier Scappoose coordination with plans of appropriate local jurisdictions St. Helens and agencies. Vernonia .Having met the necessary requirements, the Executive Board ULTNOMAH COUNTY of the Columbia Region Association of -Governments endorses Fairview the application and recommends its approval by the proper Gresham Portland federal funding agency. Troutdale Wood Village Sincerely, ASHINGTON COUNTY C• Beaverton Cornelius Durham A. McKay Rich, Forest Grove Acting Executive Director Hillsboro North Plains Sherwood AMR/mhm Tigard Tualatin (l✓!.561/o/ 7;rH ('V _-- WASHINGTON COUNTY ADMINISTRATION BUILDING— 150 N. FIRST AVENUE °RE HILLSBORO, OREGON 97123 BOARD OF COMMISSIONERS ELDON HOUT, Chairman DANIEL 0. POTTER VIRGINIA DAGG COUNTY ADMINISTRATIVE OFFICER WILLIAM MASTERS ROOM 418 ROD ROTH (503) 648-8676 BURTON C. WILSON, 1R. June 11, 1973 . Mr. Walter J. McCallum �� '�• �c� u� State Recreation Director Highway Building Salem, Oregon 97310 - Dear Mr. McCallum: The Board of Commissioners at their regular meeting June 12,, 1973 accepted the Land and Water conservation Funds from Columbia County in the amount of $14,020.04 and will distribute it to the local units as follows: City of Forest .Grove $5,104.98 Tualatin Hills Park and Recreation District 8,915.06 $14,020.04 The total allocations for the jurisdictions within Washington County now become: City of Forest Grove $22,537.02 City of Tigard .17 432.04 Aale W-273 °r J., . /973-74 Ar/'/11 City of Tualatin 11,156.51 ' City of Sherwood 5,996.63 Tualatin Hills Park and Recreation District 29,450,;'00 For a total allocation of $86'576.`20 Thank you for your assistance in this matter and if' I can be of further assistance, please let me know. Very t yours, Rian Brown, County Liaison Officer RB/mv AA b 1y74 r.OF rjGARD f Exhibit B LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT General Provisions A. Definitions 1. The term "BOR" as used herein means the Bureau of Outdoor Recreation, United States Department of the Interior. 2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for such Director, 3. The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. 4, The term "project" as used herein means that project or project stage which is the subject of this agreement. S. The term "State" as used herein means the State which is a.party to this agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement; Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply'to the recipient political subdivision or public agency, except where it is clear froom the nature of the terns, condition, obligation, or requirement that,it is.to apply solely to the State. B. Project Execution 1. The State shall execute and complete the approved project in accordance with the time schedule set -. forth in the project proposal. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the Director may be cause for the suspension of all obligations of the United States under this agreement. 2. Construction contracted for by the State shall meet the following requirements: (a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for inspection by the Director. (b) The State shall inform all bidders on contracts for construction in excess of $10,000 that Federal funds are being used to assist in construction. (c) Writteh change orders to contracts for construction in excess of $10,000 shall be issued for all necessary changes in the facility. Such orders shall be made a part of the project file and shall be kept available,for audit. (d) The State shall comply with the regulations of the Secretary of Labor contained in 29 CFR 3 (1964), made pursuant to 40 U.S.C. Sec. 276(c) (1964), which require from each contractor or subcontractor a weekly wage payment statement. Such regulations are hereby incorporated into this agreement by reference, (e) The State shall incorporate, or cause to be incorporated, into all construction contracts the following provisions: "During the performance of this.contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including app rent ireshi1). The contractor ai,r.•. to,po;:U ill cnnsPicuuus places, available to employees anat.applicants fur rngrl ryuunt, nntirer. to G'•. prnvid-1 by the contracting officer netting furih 1114. pruvi::ions of thi',: norolis rimination ril.iuse. "(2) The contractur will., ir.,all solicitationsor advertisements for employees placed by or on behalf of the contractor, state that all.qualified applicants will receive consideration for employment without regard to race, creed, colori or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other- contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2 . 11(4) The contractor will .comply with all provisions of Executive Order No. 11246 of September 24, 1965,: and-of the rules, regulations, and relevant orders of the Secretary'.of.Labor.. "(S) The crnitractor will furnish all information and reports required by Executive:Order No. 11246 of September 24, 1965, and by the.rules, regulations,, and orders of. the .Secretary.of•Labor, or. pursuant thereto, and will permit access, to'his books, records, and accounts by the contracting agency, .and the Secretary of-Labor for purposes of investigation to'asce rta in'compl lance with such rules,"regulations, ,and orders. "(6)- In .the event'of the contracto r's noncompliance with,-the,.nondiscrimination clauses of this contractor with any of.such rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in.part and the contractor may be declared.ineTigible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of.,September 24,, 1965, .and;such,other sanctions may be Imposed ,and remedies invoked as provided in Executive Order No. 11246 of Sepptember 24, 1965, or by rule.,. regulation, or order of the Secretary of labor, oras: otherwise .proviaed by law. "(7) The-contractor will include the provisions of Paragraphs (1) through (7) fn.every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary. of Labor issued pursuant to Section '204 of Executive Order No. 11246, of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor(will take such action with respect to 'any subcontract ur purchase order as the contracting agency may.direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, thai'in the event the contractor becomes involved in, or is threatened with, 1 t gat_on w t a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to.protect ,the interests of the United States." (f) The State shall (1) comply with the above provisions in construction work carried out by itself, (2), assist and cooperate actively with the'BOR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contractrovisions;pnd with the rules, regulations, and relevant orders of the.Secretary of Labor, (3) o4tain and furnish to the BOR and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractore under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violatiop of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BOR pursuant to Part II, Subpart D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into-any contract with a contractor debarred from Government contracts under Part II,*Subpart D, of Executive Order No. 11246 of September 24, '.965. 3. The State shall secure completion of the work in accordance with the approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local lams and regulations. 4. The State shall permit periodic site visits by the Director to insure work progress in accordance with the approved project, including a final inspection upon project completion. S. In the event. funds should not be available for future stages of the project, the State shall,bring the project to a point of usefulness agreed upon by the State and the Director. 6. All significant deviations-from the project proposal shall be submitted to the Director for prior approval, 7. ' Development plans and specifications shall be available for review by the Director upon request. 8. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the Director, 9, If any tract or parcel of, or interest in, real,property subject to being purchased under the provisions of this agreement, but not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States-hereunder shall cease as to such parcel, tract or interest. C. Project Costs Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual, D. Project Administration 1, The State shall promptly submit such.reports as the Director may request, 2. Property and facilities acquired or developed pursuant to this agreement shall be available for 'inspection by the Director upon request, f . 3. The State shall use any fends received by way of advance payment from the United States under the terms of this agreement solely for the project or project stage herein.described. 4. Interest earned on funds.granted pursuant tothisagreement shall not. be available for expenditure by the State, but shall'be disposed of according to instructions issued by the Director. 5. Because one of the basic objectives of the Land and Water ConservationFundAct is to enhance and increase the Nation's outdoor recreation resources, it is the intent of the parties hereto that . recipients of assistance will use moneys granted hereunder for the purposes of this program. and that assistance granted. From the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant'.s outdoor recreation. It is intended by both parties hereto' that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. E. Project Termination 1. The State.may unilaterally rescind this agreement at any time prior to the commencement of the project. After project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement. A project shall be deemed commenced when the State makes any expenditure or incurs any obligation with respect to the project. 2. Failure by the State to comply with the terms of this agreement or any similar agreement may be cause for the suspension of all obligations of the United States hereunder. 3. Failure by the State to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States hereunder if, in the judgment of the Director, such failure was due to no fault of the State. In such case,. any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this agreement. 4. Because the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase: in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State. and of the United States, and because such benefit exceeds to an'immeasurable and unascertain- able extent the amount of money furnished by the United States:by way. of assistance under the terms of this agreement; the State agrees that payment by the State to the United States of an amount equal to the, amount of assistance extended under this agreement by the United States would be inadequate compensation to the United 'States for any breaeh by the State of this agreement. The State further agrees, 'therefore,'that the appropriate remedy in the event of a breach by the State of this.agreement shall be.tbe specific performance of this agreement. r. Conflict of Interests 1. No official or employee of the State who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with.this project shall have any financial or other.personal interest in any such contractor subcontrac 2. No person performing services for the State in connection with this project shall,'have a financial or other personal interest other than his employment or retention by the State, in'any contract or subcontract in connection with this project. No officer or employee of such person retained by the State shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the :State, and such officer, employee or person has not participated in the acquisition for or on behalf of the State. S. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The State shall be responsible for enforcing the above conflict of interest provisions. G. Hatch Act No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 U.S.C. Sec. 118k (1064), with the exceptions therein enumerated. H. Financial Records 1. The State shall maintain satisfactory financial accounts, documents, and records, and shall make them available to the BOR, the Department of the Interior, and!to.the General Accounting Office for auditing at reasonable times. Such accounts, documents, and records shall be retained by the State for three years following project termination. 3 4 2. The State may use any generally accepted, accounting system, provided such system meets the minimum requirements set forth in the Manual. I. Use of Facilities 1: The State "shall not at any time convert any property acquired or developed pursuant to this.agreement to other than the.public outdoor recreation uses: specified In -the project proposal attached•hereto without the prior approval of the Director. ' 2. The State sh'all operate and maintain, .or cause to be operated and maintained, the property or facilities acquired or developed pursuant to this agreement. in the maruier and according to the standards set forth in,the Manual.' J. Nondiscrimination 1. The State shall not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement. 2: The State shall comply with the terms andintent 'of Title VI of the•,Civil Ri�ghis Aet7 of 1964, 78 Stat. 241 (1964), and with the regulations promulgated pursuant to.such 'Act',,;y ,the Secretary of the Interior and contained in 43 CFR 17 (1964). 3. The State shall not discriminate-against any person .on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of.residence. . K. Compliance , The State shall be responsible for compliance'with the terms of this 'agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure' by such political subdivision or public agency to so comply shall W deemed a failure by the State*to comply.with'the terms of this agreement-. L. Manual The State shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual, Said Manual is hereby incorporated into and.made a part of this agreement. Attachment 1 _ (Dec. 1965) to Form BOR 8-92 NOTIFICATION OF GR AN-AID ACTION. Do Not Use 1. STATE APPLICATION IDENTIFIER 2. (Reserved for use by Tittle central information reception.agency) Span 17311 2 030 3. GRANTOR: a. Federal ogency Department of the Interior b. Organizational unit Bureau of Outdoor Recreation C. Administering office—(1)Nome Northwest Region (2)Address-Street_or P.O.Box City State Zip Code 1000 - 2nd Avenue WashingtonO 4. FEDERAL AGENCY GRANT IDENTIFIER: a. Code b. Title 41-00571 Cook Park Expansion C. Purpose To acquire 14.47 acres of land adjacent to Cook Park for future expansion of park facilities. S.-GRANTEE: a. Nome City of Tigard ;i state Zip Code b. Address—Street or.P.O.:Box CityP. 0. Box .23557 Tigard Oregon 97223 j 6. GRANTEE TYPE(Check only the single"lost applicable box) b. Inter- c. County d. City e. School f. Special g. Community h.'Sponsored 1.Other o..State action organization state district unit El ?. APPLICATION RECEIPT DATE 8. ACTION DATE 9. EFFECTIVE STARTING DATE 10. ENDING DATE Year Month Day Year Month Day Year Month Day Year Month Day . 74 03 i9 74 04 Ol 7�4 04 Ol 7G 2 31 11. TYPE OF ACTION(Check as many boxes as apply to this action) o. New b. Continuation C. Supplemental d. Change in existing grant grant grant grant (identify agency in item 16) (1) Increase in (2)Decrease in (3) Cancellation (4) Increase($) (S) Decrease($) duration duration El 12. AMOUNT OF CONTRIBUTION o. Federal-0)basic .(2) Supplemental . b. State c. local Other $ 21,705 1$ $ s 21,705 $ 13. CATALOG OF FEDERAL DOMESTIC ASSISTANCE a. Program Number 1b:S.pL1e-ental Program Number PROGRAM(if none,clarify in item 16) 15.400 14. AUTHORIZATION e o. Federal Budget Accounts 10-16-5005-0-2-405 b. Public laws PL Title Sec. PL Title Sec. --PL _--_Tale Sec. �� — -- — - P.L. 88-578, Sec. 5 C. U.S:Code 16 USC 4601 - 4 E _ 1S. FACILITY LOCATION::(For facility grant actions only) O. City On S.14. 92nd Ave. next to the b. County f i •:, ; - P Tualatin -River in Tigard Washington 16. REMARKS State Liaison Officer: Bruce Clark David G. .Talbot. City Administrator S.F. 240 prepared by ate Parks Superintendent P.O. Box 23557 Clenn D. Baker 300 State Highway Building Tigard-, OR 97223 206-442-4720 Salem, OR 97310 503-639-4171 STANDARD FORM 240 June 1970 Bureau of tho Budget Circular A-98 240-101 INTt 3231-72 • ...... . .. . Exhibit A UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement 1 • State Oregon (Washington County) Project Number 41-00571 (O.P. 726) Project Title Cook Park Expansion Period Covered Date of Approval by this Agreement Project Period to 12/31/76 Project Scope (Description of Project) I Acquire 14.47 acres of land adjacent to the existing park for future expansion of the park facilities. i . I • .j • i i 41-067-0000 OR-Washington-N/A Project Stage Covered by this Agreement Not Applicable Project Cost The following attachments are hereby incorporated into this agreement: Total Cost $ 43,410 ' Fund Support 50 % 1. General Provisions (December 1965) Fund Amount $ 21 ,705 2. Project Proposal Cost of this Stage $ 430410 3• Assistance this 21 ,705 Stage $ 4. BOR B-92 (Rev. Mar, 1967) F 1 i The United States of America, represented by the Director, Bureau of Outdoor 'Recreation, United States Department of the Interior, and the State named hbove (hereinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount -of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States' share of the costs of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: That this agreement is in accord with the approved project proposal which is hereby incorporated by reference. The State shall transfer to the County of Washington for subsequent transfer to the City of Tigard, all funds granted hereunto necessary for the undertaking and completion of this project on a reimbursable basis. I This agreement is not subject to the provisions of Section B.2(d) of the j attached General Provisions, dated December, 1965. -_ 1 The State agrees to comply with the terms and intent of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) and the applicable regulations and procedures of the Department of the Interior implementing such Act. In witness whereof, the parties hereto have executed this agreement as of the date entered below. 1 TH NITED STAWE§ OF AMERICA STATE By -n cU1�' Oregon ignature St to jfor the Regiond [lir cc;or By j Title t re Bureau of Outdoor Recreation United States Department of Walter J. McCallum the Interior Name APR 1 1974 Date State Recreation Director Title 1 - - SUBMIT ): PRELIMINARY .APPLICATION Board of County Commissioners BUREAU OF OUTDOOR RECREATION Washington County Courthouse LAND AND WATER CONSERVATION FUND Hillsboro, Oregon NAME OF AGENCY City of Tigard NAME AND TITLE OF INDIVIDUAL HAVING RESPONSIBILITY FOR FILING THIS APPLICATI( Bruce Clark City Administrator ADDRESS P. 0. Box 23557 Tigard, Oregon 97223 PHONE 639-4171 PROJECT TITLE Cook Park Expansion, Additional Allocation. LOCATION OF PROJECT Southerly terminus of S.W. 92nd Ave. i North of Tualatin River S - A) BRIEF DESCRIPTION OF PROJECT Additional allocation of $8, 546 (an added $4,273 B.O.R. money) to cover the added cost o.f purchasing 14.47 acres of land previously described as "Cook Park Expansion" via the preliminary application therefor, dated 12-5-72. APPROXIMATE STARTING AND COMPLETION DATE OF PROJECT July, 1974 July, 1975 APPROXIMATE TOTAL COST OF PROJECT INCLUDING MATCHING FUNDS - $43,410 (prey oously $3 ,864) APPROXIMATE AMOUNT FOR: LAND ACQUISITION $8, 546 additional PROJFX6T- DEVE:.OPMENT AREA OF PROJECT _14.47 Acres PRESENT LAND OWNERSHIP Private (individual) GENERAL TOPOGRAPHY--Flat _._.._._ EXISTING WATERWAYS Tualatin River, 900 feet EXISTING AND PROPOSED ACCESS S.W. 92nd Avenue (developed County Road) Lei Signed Date i SUBMIT. PRELIMINARY APPLICATION Board of County Commissioners BUREAU OF OUTDOOR RECREATION Washington County Courthouse LAND AND WATER CONSERVATION FUND Hillsboro, Oregon NAME OF AGEBVCY City of Tigard NAME AND TITLE OF INDIVIDUAL HAVING RESPONSIBILITY FOR FILING THIS APPLICATIO Bruce Clark City Administrator ADDRESS P. ©. Box 23557 Tigard, Oregon 97223 PHONE 639-4171 PROJECT TITLE Cook Park Expansion, Additional All cation LOCATION OF PROJECT Southerly terminus o atin River (2S1-14A) BRIEF DESCRIPTION OF PROJECT Additional allocation of $8,,546 (an 'added' $4, 273 B.O.R. money) to. cover the added cost .of purchasing 14.47 Acres 'of land previously described as "Cook Park Expansion". via the preliminary application therefor, dated 12-5-72. .. p Also additional allocation qof $10, 0110770x�for . Qdeevelopment of the park lands APPROXIMATEPSTARTINGeANDnCOMPLETIONiDATE ooROJ ��s-July, 1974 - July, 1975 APPROXIMATE TOTAL COST OF PROJECT INCLUDING MATCHING FUNDS $53,410 ("34f8 previoµs] APPROXIMATE AMOUNT FOR: LAND ACQUISITION $8.546 additional � rizer1 PROJECT DEVELOPMENT $10, 000 additional AREA OF PROJECT 14 47 Acres PRESENT LAND OWNERSHIP Private (individual) GENERAL. TOPOGRAPHY Flat EXISTING WATERWAYS Tualatin River, .900 feet, EXISTING AND PROPOSED ACCESS S.W. 92nd Avenue (developed County Road) zi Signed Date anuery 17, 1914 : . Curtis Baker Recteation. -Staff Engineer . Parke and Recreation Branch. Oregon State Hi-ghway Division Highway Building Salem, Oregon 97310 SubJect; Cook Park B.O.R. 'acquisition Dear Mr., . Baker: In respbnse 'to ypur letter dated January ,B, .1974. Wh_esein you dalineated. possible alternative actions the City might ' undertake regarding the difference. be Ween the anticipated cost of $34,864 and. ths. appraised value of $43'410, plesse' ' be-advieed that the City Council hes dstermined 'to request An additional allocation from the.. County -Liieon. Officer. from thea- currpnt.'allocation. to cover the-added cost 'of. $8!546 ($4,273 ';B.O.R, money)., If this' is ,unsuccess;ful, there..has, been a tentative' decision .to make up -the difference At City, cost. I will. ksep you ..informed as_ :to our progress in this matter. Thank .you for your assistance. Very, tpUly yours, Bruce P. Clark City Administrator S , stedel as, 9PU01 ngasoa1 &t U111ya ll, Irac. Engineers L Planners 5505 S.E. MILWAUKIE AVE. • BOX 02201 • PORTLAND,ORE. 97202 • TELEPHONE (503)234-0721 1920 Portland Seattle Boise Spokane January 11, 1974 VV City of TigardCit S.W. Hall y Main street �V �F Z�GRRO Tigard, ,Oregon 97223 G, Attn: Bruce Clark City Administrator Re: Cook Park Acquisition and Improvements Gentlemen: The Tigard Park and Recreation Board at its January 8, 1974 , meeting unanimously approved a budget request for the forth- coming fiscal year, _1974-..75, to provide funds to make certain improvements to the Cook Park Addition. The Board outlined several areas of expenditure which have since the regular meeting been reviewed with the Public Works Director. On behalf of the Board and its chairman, I am directing this letter to you in order that immediate action may be to apply for Bureau of Outdoor Recreation grant assistance on the project. We urge that a BOR grant application be filed through Washing- ton County for land acquisition and park improvements as follows : Acquisition - -$9 ,000z For reason that the appraised market value of $43,000 exceeded that 173-174 grant application amount of $34,.000 , we ask that the dif- ference of $9 ,000 be encumbered from federal revenue sharing funds as soon as the BOR monies are received and the purchase completed. During 1974-75, the $9.1000 should be applied for on a matching basis with the $4,500 received reimbursed to the general fund. Stevens.Thompson S& Runy—...Inc. Engineers/Planners City of Tigard 2 January 11, 1974 Improvements: - $10,,:000 : Based on the 1973-74 BOR grant application, development plan costs were estimated to. be. $8,000.. We urge re=submittal of this work with the amount . to be increased by $2 ,.000 'to cover increased costs due .to inflation of 'approximately 10 percent or $800 .plus $1,200 for additional shade tree plantings, river bank `clearing, landscaping and erosion control. Total project costs for 1974-.75 are summarized as : City BOR Total Share Grant Cost i Land-Acquisition $ .4,500 $ 4,500 $ 91000 Improvements 5,000 5,000 10 ,000 Totals: $ 9 ,500 $ 9,500 $ 19 ,000 We would appreciate filing of the grant application being made at the earliest possible time due to the nearness of filing date closure for 1974-75 funds. The Board strongly supports this action and will also support efforts for budget committee approval. Please do not hesitate to ask for any assistance in these matters. Siperely yours , 60 Fr C.. 'Cooper Vice-Chairman Tigard Park and Recreation Board FCC:er cc: M. C. Crittenden I i r7B. EXECUTION OF B.O.R. AGREEMENT - Cook Park Expansion & Acquisition. (a) City Administrator recommended Council authorize execution of the B.O,.R. agreement, (b) Motion to authorize the execution of the B.O.R. Agreement-. Councilman Norton, seconded by Councilman Cook. Approved by unanimous vote of Council present. C. SITE REVIEW, DESIGN REVIEW & SIGN BOARD OF APPEALS. (a) Council requested City Administrator to clarify with the Planning Commission some of the details of voting structure proposed upon the integration of site review and architectural review functions under one Board. City Administrator recommended that the Sign Code Board of Appeals function remain separate, Council concurred. D. ADJOURNMENT - 8-.15 P.M. City Recorder City of T° rd ATTEST: Mayor m City of Tigard PAGE 3 COUNCIL MINUTES NOVMEBER 26, 1973 July. 3 - 1973 State` of: Oxagon . '.State Highway ;Dbpartment . Stat® �iighwd :Building Ba.l®m, Oregon 9.7310 Attention: fir:. Curt ,Baker State Parks. Itedreation Dear_-Curt:. Enclosed, in' .respopce to your,=verbal:, request regarding; the' City's B.O:.R application for" acquisition.:of additional lands ` to Cook.:P�'rk, please find the :