Metro - No. 904612 Funding for Open Spaces Local Share - Fern St. AMENDMENT NO. 2
CONTRACT NO. 904612
This Agreement hereby amends the above titled contract between Metro, a metropolitan
service district, and .City of Tigard, 1'3125 SW Hall Blvd', Tigard',:OR 97223, hereinafter
referred to as "Contractor."
This amendment is a change order to the original Scope of Work as follows:
The date of this contract is extended until December 31, 2000.
Except for the above, all other conditions and covenants remain in full force and effect.
In Witness to the above, the following duly authorized representatives of the parties referenced
have.executed,this agreement:
City of Tigard et
4')
TURE DATE• SIGNATURE Ma d-A 4JV&► Charles Ciecko
NAME NAME
1X4 Director, Regional Parks and Greenspaces
TITLE TITLE
6 0 0 N� E A S T GRAND AV E N U E I P O R T L A N D• OREGON, �;3.2 2 7 3 6
TEL 5'03 797 1700 FA% 503 797 1797
Ep
METRO
November 23, 1999
Duane Roberts
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Mr. Roberts,
Enclosed is your copy of the extension:to your contract number 904612 with Metro. If
you have any,questions;about this or if.there is anything further you require, please
contact Mel Huie at 797-1731.
Sincerely,
Elaine M. Stewart
Con*. -0 Administrator
Enc.
Recycled Paper -
www.metro-region.org
TDD 7 9 7 1 8:0 4
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s
AMENDMENT NO. 1
CONTRACT NO. 904612
This Agreement hereby amends the above titled contract between Metro, a metropolitan service
district, and City of Tigard, 13125 SW Hall Blvd., Tigard OR 97223, hereinafter referred to as
"Contractor."
This amendment is a change order to the original Scope of Work as follows:
The date of the contract is extended until 12/31/99.
Except for the above, all other conditions and covenants remain in full force and effect.
In:Witness to the above, the following duly authorized representatives of the parties referenced
have executed this agreement:
CITY OF TIGARD ET
V 17 94X
TE� .
GNARE AATE
Charles Ciecko
NAME NAME
r- l>"v �` Director. Regional Parks and Greenspaces
TITLE TITLE
cAstarinkmlctrbiz\4612amd 1.doc
1
Regional Parks and Greenspaces
600 NE Grand Avenue
Portland,OR 97232-2736
METRO (503)797-1850
August 14, 1998
To Local ShareProject Managers
From Mel Huie, Local Share Coordinator
Subject Extension of Local Share IGAs
• Enclosed is one original of the fully executed amendment to the existing Intergovernmental.
Agreement (IGA) between Metro and your agency. The amendment extends the termination
date of the IGA to December 31,, 1999.
• Thank you for your cooperation in getting the amendments signed in a timely manner.
• I will be contacting you shortly to set up site visits for later this summer and fall.
• If you have any questions, need more information or would like to request any technical
assistance on your projects, please call me at 797-1731 or Jim Desmond, Manager of the
Open Spaces Acquisition Division at 797=1914.
Enclosure
c:lhuiemllocshare\exten.898
IVI E T R O- - -_- - -
% Regional Parks and GreensNSces
a 600 NE GRAND AVE.PORTLAND,OR 97232-2736 (503)797-1850
June 6, 1996
To Duane Roberts, Local Share Project Manager
City of Tigard
From Mel'Huie, Local Share Coordinator
Open Spaces Program
Metro Regional Parks and Greenspaces
Sub Tigard Local Share Funding
Intergovernmental Agreement (IGA)
• Enclosed is your copy of the fully executed IGA.
• We look forward to working with you over the next 2 years to complete your local
Greenspaces Projects.
Please feel free to contact me if you have any questions on the IGA or any of the
procedures on the Local Share Program.
9 Thanks for getting back to me on updating your Local Share Project List and completion
schedule.
0 See you at the Local Share Project Managers' Meeting on June 12 at 11:30 at Metro.
The meeting notice and agenda were sent to you last week.
The city should be receiving a check shortly for its first reimbursement request for the
forest land acquisition near Fern St.
Enclosures
I:\staff\melkLoca ISh a re.I GALtr.Tig
METRO
Regional Parks and Greenspaces
600 NE GRAND AVE.PORTLAND,OR 97232-2736 (503)797-1850 1
OPEN SPACES BOND MEASURE
LOCAL SHARE COMPONENT
Approval to FundProjects on.'City's Final Local Share List
City of Tigard
Allocation: $757,954
Contract No. 904612
The following local share projects have been approved by the Tigard City Council.
They are now detailed. The original local share list submitted to Metro in the fall
of 1994 listed two general categories: Forest Land Acquisition; and Trails. The
final projects fall into these two categories.
The projects meet the Local Share Eligibility Guidelines and have gone through a
local review and approval process, including at least one public meeting.
The List of Local Share Projects is attached.
Local Project Manager: Duane Roberts, Community Development Department
City of Tigard
639-4171
Metro Staff Reviewer: Mel Huie, Open Spaces Staff
797-1731
Appr ved for Funding by:
Date: L-1 ?1.
Charles Ciecko, Director
Regional Parks and Greenspaces
Reviewed by:
Date:s
an Cooper, GenerO C unsel
Metro
OPEN SPACES BOND MEASURE
LOCAL SHARE COMPONENT
City of Tigard
Contract No. 904612
Allocation: $7,57,954
Metro Approval to Fund Final.List of Local Share Projects
Adopted by the Tigard City Council on 4123196
(documents:received 5/7/96)
1. Fern Street Project
Acquire approximately two acres of forested area along Fern St. for a passive park.
$125,000.
2. Cook Park Addition
Acquireapproximately eight acres of forested area on the north side of.Cook Park to
create a natural area. .
$45,954
3. Bull Mt. Area
Acquire approximately 12 acres of natural area to create a passive park.
$293,000
4. Bond Street and 82nd Ave. Project
Acquire approximately 8 acres of forest land to create a nature park.
$118,000
5. Fanno.Creek Trail Corridor between Hall Blvd. and Durham Rd.
Acquire frontage along Fanno Creek for a future Greenway Trail.
$100,000.
6. Fanno Creek Trail Corridor between.Main St. and Tiedman Ave.
Acquire frontage along Fanno Creek for a future Greenway Trail.
$76,000
Metro Open Spaces staff has reviewed the final list of local share projects and compared
them to the original 1994 list submitted to Metro. The final list is consistent with the general
list submitted in 1994. Funding may proceed on the final list of projects.
aftardlga
TIGARD CITY COUNCIL
MEETING MINUTES APRIL 23, 1996
• STUDY SESSION
> Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli
> Executive Session: The Tigard City Council went into Executive
Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d),
(3), & (h) 'to discuss labor relations, real property transactions,
current and pending .litigation issues.
> Executive Session ad3ourned at 7:20 p.m.
> Council Present: Mayor Jim Nicoli, Councilors Brian Moore, Paul
Hunt, Bob Rohlf, and Ken Scheckla.
> Staff Present: City Administrator Bill Monahan; Asst. to the City
Administrator Liz Newton; City Recorder Catherine Wheatley; Ed
Wegner, Maintenance Services; Jim Hendryx, Community Development
Oirector; Gary Alfson, Consultant; Wayne Lowry, Finance Director;
Jim Coleman, Legal Counsel; Terry. Mahr, City Attorney, Pro Tem;
Nadine 'Smith, _Senior Planner; Dick Bewersdorff, Senior Planner, and
Sandy Zodrow, Human Resources Director.
> Agenda'`Review"
M
City Administrator Monahan reported that Legal Counsel Jim Coleman
would step down from ,the Albertson's remand hearing to preserve the
record against the possibility of a conflict of interest. Terry
Mahr, the City Attorney for the City of Newberg, would fill in for
him.
Mr. Monahan suggested that the Council either consider agenda items
13 and 14 prior to agenda item 12 (Albertson's hearing) or continue
those items to another meeting. This would allow the Council to
dismiss Mr. Coleman for the evening once item 12 was reached.
Mr. Mahr noted that one issue of concern on the remand hearing was
the possibility that the participants would submit a lot of new
documents into the record. He said that if that was the case, the
City might want to. take the position that they would not accept new
documents into the record until staff has had a chance to review
those documents and make sure that they only addressed the remand
issues.
Mr. Mahr stated that he has spoken with the applicant .about the
statutory provisions allowing him seven days to rebut.
Mayor Nicoli asked if the applicant's.attorney. would write the
findings, should the Council make a positive decision. Mr. Mahr
said that the applicant's attorney has already -written the findings
which were contained in Exhibit A. Mr. Monahan said that if other
findings were needed because of new evidence, staff would send them
out to the applicant's attorney.
Mayor Nicoli asked if he could assign time limits to the testimony.
Mr. Monahan said yes.
CITY COUNCIL MEETING- MINUTES - APRIL 23, 1996. - PAGE- 1 -
Motion by Councilor .Rohlf, seconded by Councilor Moore, to approve
the Greenspaces project list and send. it to Metro and to authorize
the Mayor to send a letter to Washington County coopting .the 129th
property.
Motion was approved by a three to one vote of the Council present.
(Mayor Nicoli, Councilors Moore and Rohlf voting "yes"; Councilor
Hunt voting "no"; Councilor Scheckla abstaining. )
Motion:by Councilor Rohlf, seconded by.. Councilor Moore,:-to authorize
the Mayor.to_ sign the IGA,with Metro and direct: staff ao d.raft a .
resolution that indicates the Council's intent to commit future
funding for parks.
Motion was approved by a three to one vote of the Council present.
(Mayor Nicoli, Councilors Moore and Rohlf voting "yes Councilor
Hunt voting "no";Councilor Scheckla abstaining. )
10. PUBLIC HEARING (QUASI-JUDICIAL): ZONE CHANGE ANNEXATION - ZCA 96-0001
SHULTZ
Request: Annex two .parcels of 6.2 acres into the city and change the
comprehensive plan from Washington County R-6 to City. of Tigard Medium
Density Residential and change the zone from Washington, County R-6 to City
of Tigard R-7. LOCATION: North of Bull Mountain Road, across from SW
133rd Avenue, approximately 1000'. APPLICABLE REVIEW CRITERIA:' .. The
relevant review..criteria in this case are Comprehensive Plan polices 2.1,
citizen involvement; 10.1.,1, service delivery capacity 10.1.'w.2,,-'boundary
criteria; and 10.1.3, zoning designation. Also, Community Development
Code chapters 18.136, annexation requirements; and 18.138, land
classification of annexed territory. ZONE: Presently, Washington County
R-6.
a. Open Public Hearing
Mayor Nicoli read the hearing title opened the public hearing.
b. Declarations or Challenges: None
Mayor Nicoli read the hearing procedures.
C. Staff Report
Ray Valone, Associate Planner, presented the staff report. He noted
the location of th- .i+o on the map. He stated that the application
complied with all the applicable City policies and Boundary
Commission requirements for annexation and had adequate facilities
available to serve it.. He .st.ated that appropriate notices were sent
and that they have received no objections. Staff recommended
approval.
& Public Testimony
John Godsey, Consulting Engineering Services, 15256 NW Greenbriar
Parkway,. Beaverton, representing the applicant, asked for a
favorable consideration of their request.
CITY COUNCIL MEETING MINUTES - APRIL 23, 1996 - PAGE 11
` E00 NORTHEAST GEANOA SGS AVENUE I O. OREGON 97232 773 a� ,
'
TEL SO) 791 1.700 VX SO! 797 1797
hAR 1 (1
March 20, 1996 METRO
Pamela Beery,Attorney at Law
O'Donnell Ramis Crew Corrigan&Bachrach
1727 NW Hoyt Street
Portland,OR 97209
Re: City of Tigard Greenspace Acquisition
Dear Pam:
I have read your letter of March 15, 1996, regarding Tigard's proposed acquisition of the "Fern
Street Property." I agree that Tigard will be entitled to reimbursement fiom.Metro for the purchase
of this property pursuant to the terms of the intergovernmental amt which Metro and the
City of Tigard are in the process of completing.
Based on.the information you've furnished, it appears that this properly would meet both local
greenspace project descriptions:for which, City of Tigard has previously reoeiveod approval firm
Metro. ibis land will be useful for the.00nst uc tion of trails as well as befog land Which will be
suitable toward meeting the City's goal of acquiring forest land within the City limits for passive
park purposes.
In_addition,it appears the City of Tigard has been involved with an extensive public involvement
process which placed this proposed acquisition,at the top of your priority list,and the Tigard City
Council has taken formal action to approve the purchase.
I will inform Metro Park and Openspace management of the conclusion to which you and I have
agreed. I think congratulations for the City of Tigard are in order. With the purchase of this
property,Tigard will be one of the first jurisdictions to actually complete an acquisition.
Yours very truly,
Daniel B. Cooper
General Counsel
cc: Jon Kvistad
Mike Burton
Charlie Ciecko
Jim Desmond
Mel Huie
Karen Feher
jep
2112
O'DONNELL RAMIS CREW
CORRIGAN & BACHRACH
RECEIVED cLwcKAMAscotwYomcE
JEFF H.aA�:Efltacll wrruaNSYs AT lww
THEODORE W.BAIRD1727 N.W.Hoyt sheet
181 N.Grant,Suite 202
PAMELA J BEERY PoNeod.oregoa 97209C46y.Oregon 97013
RK'
MAL BUSCH LIAR 181996 TELEPHONE:(303)26&1149
DOMRGC O.COLLETTA0' TM EPHONE: (SO)2Z"402
CHARLES L CORR10ANe FAX:(S03)243-2944 TIME
STEPHEN-F.CREW METRo.oFF C o JMCOUVER.WASHINGTON OFFICE
PAUL C.ELSNER Fir*Wepmdeat Place
GARY F.FIRESTONE• 1220 Main Street.Suite 570
WIL 1WE.GAAR PIIiAs6RS4LYT0PORILATIOOFFE(B Vanowim W
98660-2964
Q FRANK HAMMOND* TELEPHONE:(360)699-72s7
KENNEM D.HELM FAX(360)699=7221
DENISE L JARRARD March 15, 1996
MALCOIM'JOHNSON'
MARK P.O'DONNEI.L JAMES M.COLEMAN
-nMarHY v.RAMIE SUSAN J WIDDER
WHIIAM L STALNAKER SPEX wt.aooNSM
nuo�auresDsow�ct�arv�aer
wuourarnmtoercwtaourtn
Mr. Dan Cooper
METRO
600 NE Grand Avenue
Portland, OR. 97232-2736
RE: Cly of Tigard Greenspace Acquisition
Dear Dan:
This is a follow up to our telephone conversation of March 7, 1996 regarding this matter. I have
now obtained and reviewed a copy of the initial greenspace acquisition list provided to Metro by
Resolution of the Tigard City Council. A copy is enclosed for your reference.
As we discussed, the City is now undertaking a property-by-property prioritized list of proposed
acquisitions through a task force process. However, one of the properties which has consistently
ranked at or near the top of acquisition lists proposed by both members-of the public and by the
City's Planning Commission is the subject of a pending development application filed with the
City. In order to avoid losing this open space to development, the City Council authorized staff
to:negotiate a purchase of the property using the greenspaces funding. A tentative agreement has
been reached with the property owner, and the Council has now taken formal action to allow the
staff to conclude the purchase transaction. I am enclosing a site plan from the development
application to show you the property in question. In the.City's processes, it has been known as
the"Fern Street property."
Based on the breadth of the identification of properties proposed for acquisition by the City in the
enclosed resolution, I do not believe additional City Council action to amend the project list is
required in order to allow the purchase of this property with,greenspace funds from Metro. The
property in question is in fad a forest within the City limits,:and due to its slope will be usable
only as-a`.`passive' park. The City anticipates that walking:trails through this open space will be
UDCNNEI,C RAMIS CREW
CORRIGAN&BACHRACH
Mr. Dan Cooper
March 15, 1996
Page 2
the only park improvements, and this forest is an important link in an existing pedestrian trail
system within the City.
At this time I seek your confirmation that the City will be entitled to reimbursement for this
acquisition through the greenspace process,subject of course to the terms of the.
intergovernmental agreement which we will be signing with METRO,without further City
Council action to amend the list of projects identified in the enclosed resolution The City staff
advises that they earlier discussed this matter with METRO staff, and that this tentative
conclusion was in fact reached;but given the status of this matter we would like additional
confirmation at this time.
Please call me or drop me anote when you have had an opportunity to review this letter. Thanks,
Dan.
Sincerely,
Pamela J. Beelj
PJB/acm
Enclosures
cc: Duane Roberts
Dominic Colletta
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Project: Open Spaces Program
Contract No.
INTERGOVERNMENTAL AGREEMENT
Open Spaces Bond Measure
Local Share.Component
This Agreement dated this ' Z day of ,/yr 199 , is by and between
Metro, a metropolitan service district organized under the laws of the state of Oregon and the
1992 Metro Charter, located at 600 N.E. Grand Avenue, Portland, Oregon 97232-2736, and
the City of Tigard, located at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223,
(hereinafter referred to as "Recipient"), and shall remain in full force and effect for the
period September 1, 1995, to September 1, 1998, (unless extended as provided for herein).
WITNESSETH:-
WHEREAS, The electors of Metro approved a ballot measure on May 16, 1995,
authorizing Metro to issue $135.6 million in bonds for Open Spaces, Parks, Trails and
Streams (the "Measure"); and
WHEREAS, The Measure provided that $25 million from bond proceeds be expended
by local parks providers for specified projects; and
WHEREAS, Recipient is a local parks provider who has received approval for
funding for project(s) as specified in the Measure; and
WHEREAS, Metro and Recipient desire to enter into this Agreement to provide for
funding of Recipient's project(s) subject to terms and conditions as provided for in the
Measure; and
Page 1 -- Open Spaces Program IGA Contract No.
WHEREAS, Metro and Recipient acknowledge that they have authority to enter into
this Agreement pursuant to the powers contained in their respective charters and in ORS
190.010.
NOW THEREFORE, the premises being in general as stated in the foregoing
Recitals, it is agreed by and between the parties hereto as follows:
1. EMiect Declaration
Metro hereby approves the Project proposal(s) and authorizes Recipient to proceed
with the Project in accordance with the Scope of Work included as Attachment "A." All real
property interests acquired shall be held in the name of Recipient.
2. Fnin
Metro's contribution to the Project(s) is limited to $757,954. Payment of funds by
Metro to Recipient will be subject to the procedures set forth in Attachment "B" of this
Agreement.
3. Fundinj Limitation
Metro through the approval of the Measure and the sale of bonds has established this
Agreement with the sole purpose of implementing the Metro Open Spaces Program through
funding of this Project. Therefore, Metro neither intends nor accepts any direct involvement
in this Project which can or could be construed to result in supervisory responsibility during
the course of acquisition or construction, and upon completion of the Project and payment of
funds as provided for herein there will be no further obligations on the part of Metro.
Page 2 -- Open Spaces Program IGA Contract No.
l
r
4. Funding Requirements
Metro has committed to pay from bond proceeds the amount specified for the
approved project(s) described in Attachment "A." Recipient may substitute a different
project only if the following conditions are met:
a. Recipient through its governing body must find that one or more of the
projects,described in Attachment "A" have become degraded, are cost prohibitive or are
otherwise infeasible.
b. Recipient through its governing body shall conduct a public process and
determine the substitute project consistent with the provisions of the'Measure and the Local
Share Guidelines.
C. The substitute project is subject to administrative approval by Metro's
Regional Parks and Greenspaces Department Director, such approval shall not be
unreasonably withheld. Metro will'designate the name of the Department Director in writing
at the time this Agreement is executed. Thereafter, Metro may give written notice to
Recipient of any change in the Department Director.
d. Metro's financial obligation under this Agreement shall not be increased.
Recipient agrees to comply at all times with provisions of the Measure and the adopted Local
Share Guidelines which appear as Attachment "C" to this Agreement and by this reference
are made a part hereof.
5. Term
Metro's obligation to provide funds pursuant to this Agreement shall terminate
September 1, 1998. It is the intent of the parties that Recipient will have completed the
Page 3 -- Open Spaces Program IGA Contract No.
project(s) and all Metro funding obligated under this Agreement shall have been paid prior to
such date. However, in the event of unforeseen circumstances that cause Recipient to be
delayed in completing the project(s), Recipient is entitled upon giving 30 days written notice
to Metro to extend Metro's obligations pursuant, to this Agreement for an additional six
months. More than one extension may be granted if necessary to complete the project(s).
Recipient.must receive approval of the extension from Metro's Regional Parks and
Greenspaces Department Director. Metro may deny an extension if it finds that Recipient is
not making good faith efforts to complete the project(s) and that the need for an extension is .
due to Recipient's neglect of the project(s). Any denial of an extension is not effective for
10 days after.receipt of notice of the denial, and at Recipient's request is subject-to review
by the Metro Executive Officer. The provisions of Sections 7, 8, 9, and 10 shall continue in
effect after the completion by Recipient of any project(s) pursuant to this Agreement.
6. Situs
This Agreement is entered into within the state of Oregon, and the law of said state,
whether substantive or procedural, shall apply to this Agreement, and all statutory, charter
and ordinance provisions that are applicable to public contracts in the state of Oregon shall
be followed with respect to this Agreement.
7. Limitations on Use
All property acquired by Recipient with Open Spaces funding by Metro shall be
maintained for its intended natural resource dependent recreational, natural area or trail
activities: Recipient commits to maintain all property acquired pursuant to this Agreement in
a manner consistent with Metro's Greenspaces Master Plan. Recipient will not construct or
Page 4 -- Open Spaces Program IGA Contract No.
allow the construction of improvements to the property which are inconsistent with the
Master Plan. However, in the event of extraordinary unforeseen circumstances Recipient
may after January 1, 2005, authorize.a change in use'of acquired property. In the event a
change in use occurs, Recipient agrees to take the following actions:
Recipient shall give Metro 1-80 days advance written notice of its intent to
authorize a change in use or sell the property to a third party. Recipient shall
obtain an appraisal of the fair market value of the property assuming that the
property was not subject to any use restrictions. The appraisal is subject to
approval by Metro as to its completeness and reasonableness. After the
appraisal value is determined and is approved by Metro, Recipient shall obtain
the fair market value of the discontinued property and apply it to completion of
a substitute project(s) within 90 days after authorizing the change in use the
appraisal value is determined and approved by Metro.
Recipient shall determine through the process described in Section 4 of this
Agreement what substitute project should be funded and completed.
8. Oregon Constitution and Tax Exempt Bond Covenants
Recipient acknowledges that Metro's source of funds for this Program is from the sale
of voter-approved general obligation bonds that are to be paid from ad valorem property
taxes exempt from the limitations of Article XI, section I I(b), 11(c), 11(d), and 11(e) of the
Oregon Constitution, and that the interest paid'by Metro to bond holders is currently exempt
from federal and Oregon income taxes. Recipient covenants that it will take no actions that
would cause Metro not to be able to maintain the current status of the real property taxes as
Page 5 -- Open Spaces Program IGA Contract No.
4
exempt for Oregon's constitutional limitations or the income tax exempt status of the bond
interest. In the event Recipient breaches this covenant, Metro shall be entitled to whatever
remedies are.available to either cure the default or to compensate Metro for any loss it may
suffer as a result thereof.
9. Funding Declaration
Recipient will document on-site, for all acquisitions and capital improvements, and in
any publication, media presentations or other presentations, that funding came from Metro.
On-site signage that provides recognition of Metro funding shall be subject to prior review
and comment by Metro. All signage will be consistent with Metro guidelines for Open
Spaces Projects. Recipient agrees to provide maintenance for all signs. Metro may elect to
furnish on-site signage for use by Recipient.
10. Indemnification
Recipient shall.indemnify Metro and its officers, agents and employees, against all
loss, damage, expense and liability resulting from injury to or death of persons, or property
damage, arising out of or in anyway connected to the wrongful acts of the Recipient's
officers, agents and employees acting within the scope of employment or duties in
performance of this Agreement, subject to the limitations and conditions of the Oregon Tort
Claims Act, ORS chapter 30.
Metro shall indemnify Recipient and its officers, agents and employees, against all
loss, damage, expense and liability resulting from injury to or death of persons, or property
damage, arising out of or in any way connected to the wrongful acts of Metro's officers,
agents and employees acting within the scope of employment or duties in performance of this
Page 6 -- Open Spaces Program IGA Contract No.
i
Agreement, subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
chapter 30.
11. Termination for Cause
Metro may terminate this Agreement in full, or in part, at any time before the date of
completion, whenever Metro determines, in its sole discretion, that Recipient has failed to
comply with the conditions of this Agreement and is therefore in default. Metro shall
promptly notify Recipient in writing of that determination and document such default as
outlined hereinbelow. Notwithstanding any termination for cause, Recipient shall be entitled
to receive payments for any work completed or for which Recipient is contractually obligated
for which completion or contractual obligation occurred prior to the effective date of the
termination, provided that Metro shall not be obligated to make any payment except for work
specifically provided for in this Agreement.
12. Documentation of Default
Recipient,shall be deemed to be in default if it.fails to comply with any provisions of
this Agreement.
Prior to termination under this provision, Metro shall provide Recipient with written
r otice of default, provide a detailed written specification of the nature of the default and
allow Recipient ninety (90) days within which to cure the default. In the event Recipient
does not cure the default within ninety (90) days, Metro may terminate all or any part of this
Agreement for cause. Recipient shall be notified in writing of the reasons for the termination
and the effective date of the termination.
Page 7 -- Open Spaces Program IGA Contract No.
Recipient shall be liable to Metro for all reasonable costs and damages incurred by
Metro as a result of and in documentation of the default.
If, after notice of termination, Metro agrees or a court finds that Recipient was not in
default or that the default was excusable, such as a strike, fire, flood, or other event that is
not the fault of, or is beyond.the control of Recipient, Metro will allow Recipient to continue
work, or both parties may treat the termination as a joint termination for convenience
whereby the rights of the Recipient shall be as outlined hereinbelow.
13. Joint Termination for Convenience
Metro and Recipient may jointly terminate all or part of this Agreement based upon a
determination that such action is in the public interest. Termination under this provision
shall be effective upon ten (10) days written notice of termination issued by Metro subject to
that mutual agreement.
Within thirty (30) days after'termination pursuant to this provision, Recipient shall
submit an itemized invoice(s) for all unreimbursed work within the Scope of Work of this
Agreement completed before termination.
Metro shall not be liable for any costs invoiced later than thirty (30) days after
termination unless the Recipient can to Metro's full satisfaction show good cause beyond the
Recipient's control for the delay.
14. Documents are Public Property
All records, reports, data, documents,, systems and concepts, whether in the form of
writings, figures, graphs, or models which are prepared.or developed in connection with the
Project shall become public property.
Page 8 -- Open Spaces Program IGA Contract No.
Nothing in this section or in any other part of this Agreement shall be construed as
limiting a Recipient's ability to consider real property transactions in executive session
pursuant to ORS 192.660(1)(e) or as requiring disclosure of records that are otherwise
exempt from disclosure pursuant to the Public Records Law (ORS 192.410 to 192.505) or
Public Meetings Law (ORS 192.610 to 192,690)or local regulations.
15. Project Records
Comprehensive records and documentation relating to the Scope of Work and all
specific tasks involved in the Project shall be maintained by Recipient.
Recipient shall establish and maintain books, records, documents, and other evidence
and accounting procedures and practices, sufficient to reflect properly all direct.and indirect,
costs of whatever nature claimed to have been incurred and anticipated to be incurred for the
performance of this Agreement.
16. Audits. Inspections, and Retention of Records
Metro, and any of its representatives, shall have full access to and the right to
examine, during normal business hours and as often as they deem necessary, all of
Recipient's records with respect to all matters covered by this Agreement. Such
representatives shall be permitted to audit, examine, and make excerpts or transcripts from
such records, and to make audits of all contracts, invoices, materials, payrolls and other
matters covered by this Agreement.
All documents, papers, time sheets, accounting records, and other materials pertaining
to costs incurred in connection with the Project shallbe retained by Metro and Recipient and
Page 9 -- Open Spaces Program IGA Contract No.
all of its contractors for three years from the date of completion of the Project, or expiration
of the Agreement, whichever is later, to facilitate any audits or inspection.
A final determination of the allowability of costs charged to the Project may be made
on the basis of an audit or other review. Any funds paid to Recipient in excess of the
amount to which Recipient is finally determined to be entitled under the terms of this
Agreement constitute a debt to Metro, and shall be returned by Recipient to Metro.
17. Attorney Fees
In the event any suit, action or other proceeding is brought with regard to this
Agreement, or to-enforce any of the provisions hereof, the prevailing party in any such suit,
action or other proceeding, or any appeal therefrom, shall be entitled to reasonable attorneys'
fees and court costs.
18. Law of Oregon
This Agreement shall be governed by the laws of the state of Oregon, and the parties
agree to submit to the jurisdiction of the courts of the state of Oregon.
All applicable provisions of ORS chapters 187 and 279, and all other terms and
conditions necessary to be inserted into public contracts in the state of Oregon, are hereby
incorporated as if such provisions were a part of this Agreement including but not limited to
ORS 279.015 to 279.320.
Specifically, it is a condition of this Agreement that Recipient and all employers
working under this Agreement are subject employers that will comply with ORS 656.017 as
required by Oregon Laws 1989, chapter 684.
Page 10 -- Open Spaces Program IGA Contract No.
19. Assi ngnment
Recipient may not assign any of its responsibilities under this Agreement without
prior written consent from Metro, except the Recipient may delegate or subcontract for
performance of any of its responsibilities under this Agreement.
20. Severability
If any covenant or provision in this Agreement shall be adjudged void, such
adjudication shall not affect the validity, obligation, or performance of any other covenant or
provision which in itself is valid, if such remainder would then continue to conform with the
terms and requirements of applicable law and the intent of this Agreement.
21. Entire Agreement
This Agreement constitutes the entire agreement between the parties. No waiver,
consent, modification or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification or change, if made,
shall be effective only in the specific instance and for the specific purpose given. There are
no understandings, agreements or representations, oral or written, not specified herein
regarding this Agreement. Recipient, by the signature below of its authorized
Page 11 -- Open Spaces Program IGA Contract No.
representative, hereby acknowledges that Recipient:has read this Agreement, understands it
and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, the,parties hereto have 'set their hands on the day and year
set forth below.
CITY OF TIGARD METRO
i
By: By:
Mike Burton
Ti e: Executive Officer
l
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12Mr
Page 12 -- Open Spaces Program IGA Contract No.
ATTACHMENT 'A'
SCOPE OF WORK
LOCAL GREENSPACES AND TRAILS PROJECTS FORM
ACQUISITION
To Be Funded by Metro's Greenspaces Bond Measure
(One form per project)
1. Project Title:
Forest area along Fern Street
2. Project Description and Location (include vicinity map on 8.5 x 11 paper):
Acquire approximately two (2) acres of forest land for a passive park
(TL 2S 1 04BD 1700)
3. Estimated Cost(detail other sources in addition to Metro Bond Measure):
City of Tigard Local Share Funds, $125,000
4. Staff Contact/Address/Phone
Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
5. Date:
4/29/96
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LOCAL GREENSPACES AND TRAILS PROJECTS FORM
ACQUISITION
To Be Funded by Metro's Greenspaces Bond Measure
(One form per project)
1. Project Title:
Forest area North of Cook Park
2. Project Description and Location (include vicinity map on 8.5 x 11 paper):
Acquire approximately eight(8) acres of forest for a natural area park
(TL 2S1 14AC 600)
3. Estimated Cost(detail other sources in addition to Metro Bond Measure):
City of Tigard Local Share Funds, $45,954
4. Staff Contact/Address/Phone
Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard; OR 97223
5. Date:
4/29/96
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LOCAL GREENSPACES AND TRAILS PROJECTS FORM
ACQUISITION
To Be Funded by Metro's Greenspaces Bond Measure
(One form per project)
1. Project Title:
Forest area between Bull Mountain Road and 129th Avenue
2. Project Description and Location (include vicinity map on 8.5 x 11 paper):
Acquire approximately twelve (12) acres of natural area for a passive park
(TL 2S 1 09AD 1100)
3. Estimated Cost(detail other sources in addition to Metro Bond Measure):
City of Tigard Local Share Funds,$293,000
Washington County Local Share Funds, $293,000
4. Staff Contact/Address/Phone
Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
5. Date:
4/29/96
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LOCAL GREENSPACES AND TRAILS PROJECTS FORM
ACQUISITION
To Be Funded by Metro's Greenspaces Bond Measure
(One form per project)
1. Project Title:
Forest area at Bond Street an 82nd Avenue
2. Project Description and Location (include vicinity map on 8.5 x 11 paper):
Acquire approximately four(4)acres of forest land for a passive park
(TL 2S 1 12 CC 200)
3. Estimated Cost(detail other sources in addition to Metro Bond Measure):
City of Tigard Local Share Funds, $118,000
Private Contributions, $32,000
4. Staff Contact/Address/Phone
Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
5. Date:
4/29/96
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LOCAL GREENSPACES AND TRAILS PROJECTS FORM
CAPITAL IMPROVEMENTS
To Be Funded by Metro's Greenspaces Bond Measure
(One form per project)
1. Project Title:
Fanno Creek Trail Corridor between Hall Boulevard and Durham Road
2. Project Description and Location (include vicinity map on 8.5 x 11 paper):
Acquire frontage along Fanno Creek for a future Greenway Trail
3. Estimated Cost(detail other sources in addition to Metro Bond Measure):
City of Tigard Local Share Funds, $100,000
City of Tigard Capital Improvement Funds, $300,000
Metro Regional Trail Corridor Funds, $800,000
4. Staff Contact/Address/Phone
Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
5. Date:
4/29/96
ti . - •
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LOCAL GREENSPACES AND TRAILS PROJECTS FORM
ACQUISITION
To Be Funded by Metro's Greenspaces Bond Measure
(One form per project)
1. Project Title:
Fanno Creek Trail Corridor between Main Street and Tiedeman Avenue
2. Project Description and Location (include vicinity map on 8.5 r 11 paper):
Acquire frontage along Fanno Creek for a future Greenway Trail
3. Estimated Cost (detail other sources in addition to Metro Bond Measure):
City of Tigard Local Share Funds, $76,000
City of Tigard Capital Improvement Funds, $100,000
Metro Regional Corridor Funds, $352,000
4. Staff Contact/Address/Phone
Duane Roberts
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
5. Date:
4/29/96
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ATTACIU,MT "B"
PROCEDURES FOR PAYMENT OF FUNDS BY METRO TO RECIPIENT - OPEN
SPACES BOND MEASURE LOCAL SHARE
Metro has committed to pay to local jurisdictions (recipients) amounts specified for
approved projects under the local share component of the Open Spaces Bond
Measure. Under the Measure, funds must be expended on projects for acquisition and
capital improvements. For purposes of reimbursement, capital cost includes not only
the purchase price or cost of construction, but also any other costs incurred to place
the asset in its intended location and condition for use. Examples of eligible costs
include the following:
• Legal and title fees
• Closing costs
• Appraisal'and negotiation fees
• Surveying fees
• Land preparation_ costs
• Demolition cost
• Architect and accounting fees _ -
• Insurance premiums during the construction phase
• Transportation and freight charges
• Staff overhead costs meeting.federal guidelines under the Single Audit Act of
1984
Payments to recipients will be processed in two ways: reimbursement for costs,
incurred and paid by the recipient or transfer of funds to escrow for land acquisition
transactions.
Prior to any reimbursement or transfer of funds to escrow, an intergovernmental
agreement must be executed and a designation of signature authority form must be
signed.
REIMBURSEMENT PROCEDURES
For each request for reimbursement, the recipient shall provide to Metro:
• A completed requisition certificate, signed by an authorized representative of the
recipient certifying appropriateness of the charges,
• A schedule of charges being submitted for reimbursement including the name of the
vendor or person who was paid, description of charge and amount, and
r
EXHIBIT A
REQUISITION CERTIFICATE
TO: Metro
FROM: (Local.Jurisdiction)
SUBJECT: Metro Open Space,.Parks and Streams Bonds
Local Projects
Project: (Project Name)
This represents Requisition Certificate No. for(Project Name) is the total
amount of!$ for the disbursement of funds from the Local Projects
A �-�t�iished'wlt -ll�etro pursataat to an,Intergovernment Agreement between
Metro and (Local Jurisdiction), the funds so disbursed to be used to pay for local park
and opeaspace purchases and improvements detailedin the schedule attached'.
The undersigned,does certify that:
1. The expenditures for which moneys are requisitioned hereby represent
proper charges against the Metro Local Projects Account, have not been included
in a previous requisition and have been properly recorded on (Local Jurisdiction's)
books. The expenditures for which moneys are hereby requisitioned are set forth
in the schedule attached hereto, which schedule sets forth details of reimbursable
expenditures.
2. The moneys requisitioned hereby are not greater than those necessary
to reimburse (Local Jurisdiction) for its funds actually expended for local park and
openspace purchases and improvements.
3. All of the funds being requisitioned are being used in a manner which
will not cause the interest on the Metro Open Spaces Program General Obligation
Bonds to be or become includable for federal income tax purposes in the gross
incomes of the Owners thereof.
Executed this day of ---.__-_ 1995.
(Local Jurisdiction)
•
By:
Authorized Officer
Approved for Payment:
Metro Project Director Date
hh:j:%common%open spVeq_rev.doc
Wire Transfer Information Requets-c
M ETRo 600 NE Grand Ave, Portland, OR 97232-2736, 797-1700
In order to expedite prompt and accurate processing of wire transfers,
please fill out.this form and return to Metro with related documentation.
1. Name of bank receiving wire transfer
2. Name of bank brand
3. City and state of bank location
4: ABA number of recieving bank(9 digits)
S. Account name receiving funds
6. Account number of receipient (10 digits)__
7 Title report, Escrow number. or other. transaction identifier -
95408 -
DESIGNATION OF SIGNATURE AUTHORITY
METRO OPEN SPACES BOND MEASURE LOCAL SHARE
Please indicate below the individuals from your jurisdiction who will be authorized to
sign documents certifying appropriate expenditures and requesting reimbursement from
Metro under the Open Spaces Bond Measure local share.
You may wish to designate at least two representatives in order to allow the processing
of documents when the principal official is not available. Please type or print the
person's name and title and have the person sign their name as they would sign on the
documents which will be submitted.
Please submit this completed form to Metro in advance of any reimbursement requests.
fi
Jurisdiction: //ge%e0
Name Title Signature
Ave
Z
a y.' Ts
ATTACHMENT "C"
OPEN SPACE ACQUISITION BOND MEASURE
Metro estimates,that the Portland-Vancouver metropolitan"area will grow by more than
1.1 million people by the year 2040. More homes and businesses will be built to serve this
anticipated growth. As communities continue to develop, the protection, acquisition-and
active stewardship of open spaces, parks,-trails andstreams must become just as important as
planning transportation, water, sewer and other basic infrastructure.
The basis for this land acquisition program is the-Metropolitan Greenspaces Master Plan.
The Master Plan is the growth management strategy which details the vision, goals and
organizational framework of a regional system of natural areas, open space, trails and
streams. The primary objective of the Master Plan is protection of natural resource areas in
the public interest. The analysis is based on watersheds or stream basins to encourage
review of the ecosystem in each part of the region. The Master Plan includes 1989
inventories and maps of 109,000 acres of then existing natural areas in and near the Metro
boundaries. In 1989, approximately 9.,200 acres.were in public ownership. Nearly half of
the publicly-owned acreage is located in Forest Park.
One goal of the Master Plan is to improve water quality in the region which is degraded as
natural areas are lost. Retaining-forested areas on slopes minimizes erosion that pollutes
streams. Wetlands and floodplains hold runoff allowing plants and micro-organisms to
biologically filter pollutants. Natural areas with riparian corridors will be purchased and .
preserved. Restoring native vegetation along these waterways will improve water.quality.
The Master Plan identifies regional trails, streams and wildlife corridors. The trails:provide
means of human-powered access to commerce, recreation and natural areas.. This includes
links between parks, local trails and local communities and-access to regionally significant
parklands and natural areas. Streams and wildlife corridors protect habitat for maintaining
biological diversity. Linked habitat is important for fish and wildlife species that reside-in
and pass through the region along regular migratory routes.
From the Master Plan inventory a number of existing large acre sites throughout the region
were designated as regionally significant open space protection areas. These areas would be
used to provide and protect open space and for passive recreational activities, including but
not limited to, picnicking,-hiking, bicycling, camping, bird watching, and boating.
This referral to the voters of$135.6 million in general obligation bonds is based on advisory
groups recommendations. This proposal has three components. It proposes acquisitions
from 14 of the regionally significant'areas (approximately 5,982 acres) and regional trail
segments.from the Master Plan plus local open space and trail projects. The inventory in
these target areas has been reviewed in 1994.
1
The following are the 14 regionally significant natural areas and estimated acreages:.
Willamette River Greenway - 1,103 East Buttes/Boring Lava Domes - 545
Willamette Narrows Newell Creek Canyon - 370
Canemah Bluffs - Sandy River Gorge - 808
Cathedral Park to railroad bridge- Cooper Mountain - 428
Oaks Bottom to OMSI Buffer and expansion of Forest Park 320
West side of Multnom2h Channel
Jackson Bottom and McKay.Creek/ Gales Creek- 775
Dairy Creek Addition - 333 Columbia Shoreline - 95
Tonquin Geological area - 277 Rock Creek - 300
° Tualatin River Greenway, Tryon Creek linkages - 20
access points - 266
Clear Creek Canyon - 342
The following are the five regionally significant trail. segments targeted for acquisition:
Peninsula Crossing Trail (Improvements only)
Fanno Creek Greenway
Sauvie Island to Beaverton/Hillsboro Trail
Clackamas River Greenway (north bank)
Beaver Creek Canyon Greenway (Troutdale)
They willbe the first priority for acquisitions from the bond proceeds. . Other regionally
significant.open spaces and.regional 'trails identified in the Master Plan may be acquired if
target areas become degraded, cost prohibitive or otherwise infeasible as determined by the
Metro Council after a public hearing. New target areas shall be selected to retain a regional
balance of sites acquired. In addition, some new opportunities may arise to acquire natural
resource areas not in the Master Plan if funding permits. These will not be approved unless
the Master Plan is first amended by the Metro Council after a public hearing on the
arpendment.
There.are various means intended to be used to secure rights to natural resource land. This
will include outright purchase of title to the land with the assistance of outside professional
realtors. However, other methods.insure preservation of the character of the land as open
space and may allow its use by the public. Purchase through a nonprofit land preservation
organization may enable the program to secure land at below market rates due to the
favorable tax benefits that accrue to sellers. Easements, rather than full title to the land, can
be donated or sold by a landowner. Donations, bequests and grants will be sought to enable
the program to protect and acquire more natural resource land. Donations will be
encouraged by allowing some naming of parks, trails and open spaces. Agreements for
Metro to acquire any interest in land shall be negotiated with willing sellers. Metro will
exercise its powers of eminent domain only when the Metro Council has determined that
extraordinary circumstances exist.
2
In addition to the regional areas and trails, $25 million of bond proceeds will-be used to buy
P P
and make capital improvements on lands for local open spaces and trails. These purchases
and improvements will be made by cities, counties and park districts which provide parks
services. The local governments shall be permitted to pay administrative costs associated
with land acquisition and capital improvements from this local share of bond proceeds or
from their own resources. Intergovernmental agreements between Metro and the park
providers will be used to assure that the funds are expended.for activities related to natural
areas. Interests in land acquired from this local share would be for regionally or locally
significant natural areas, open space, trails, streams and wildlife corridors, including
accessible waterways, that function for fish, wildlife, and people. Capital improvements
would be for restoration or enhancement of natural areas, trail construction, access facilities,
public use facilities and environmental education facilities. Ownership of lands will be
consistent with the Master Plan. Provision must be made for lands acquired with the local
share to be maintained for its intended recreational, natural area or trail'activities.
Agreements for park providers to acquire any interest in land shall be negotiated with willing
sellers. Local governments will exercise their powers of eminent domain only where the
local governing body has determined that extraordinary circumstances exist.
It is important to identify local projects to be funded and their estimated costs in time to
inform the voters prior to the vote on this ballot measure. Therefore, a list of local projects
with estimated costs matching nearly all providers' pro rata share has been delivered to
Metro. The list of local projects, the sponsoring local government and the estimated acreage
are:
Springwater Corridor Trail Land acquisition to complete trail near Boring
Barton Park Quarry Reclamation Capital improvements of Barton Park; ,restoration and
campground
Damascus Greenspace Acquire 25-30 acres in the Damascus area for a park
Clackamas River North Bank Park Acquisition of park land along the proposed greenway trail
Kellogg Creek Natural Area Natural area acquisition near Jennings Avenue
Boardman Slough Wetland Park Land acquisition for a we and park near Gladstone
Mt Talbert Acquire IS acres on top and east slope; south of Sunnyside
Rd.
Portland Traction Company Right-of-Way Acquire about 7 miles of rail line between Milwaukie and
Gladstone
Meldrum Bar Park, Gladstone Riparian restoration and picnic shelters of this Willamette-
River
illametteRiver park
Cross Memorial Park; Gladstone Trail improvements
Glen Echo Wetlands, Gladstone Land addition to wetland park; trails
Mt. Scott Creek Trail, Happy Valley Trail construction to provide park access rom Sunnyside
Road
Scott View Nature Park, Happy Valley Trail construction
West Waluga Park Trail, Lake Oswego Perimeter trail and access points around natural area park
3
Roehr Park Willamette Greenway, L. Acquire land and construct trail along part: and greenway
Oswego
Lusher Farm Cook's Butte Trail, L. Acquire land and construct trail between parks
Oswego
Canal Acres Natural Area, Lake Oswego Trail construction connecting to Bryant Woods Park
Milwaukie Waterfront Acquire about 2.5 acres at the confluence of Johnson Creek
Kellogg Lake, Milwaukee Acquire land west of Kellogg lake and east of McLoughlin
Blvd.
pnngwater Corridor, Milwaulde Acquire land between Johnson Creek and the Spnngwater
Trail
Rosewell. Wetland, Milwaukie Natural habitat enhancements to a stormwater detention pond
Willow Place Wetland, Milwaukee Natural habitat enhancements to a stormwater detention pond
Ardenwald to Spnngwater Corridor, Trail construction to connect Ardenwald neighborhood to
Milwaukie Spnngwater
High Rocks River Bank, Oregon City Acquire park land on south bank of the Clackamas River
Barclay Hills Park, Oregon City Nature trail construction in the upper reaches of Newell Creek
Canyon
Clackamette Park, Oregon City Picnic shelters, restrooms, fishing doc
Tualatin River Access, Rivergrove Boat ramp improvement at city park near SW Dogwood Road
Burnside Park, West Linn Acquire 8 acres of natural area adjacent to city park on
Willamette R.
Memorial Park, Wilsonville Trail construction in park and to the Willamette River
Greenway
Boeckman and Mill Creek, Wilsonville Habitat restoration along creeks at four public schools in area
Wilsonville City Trail System Capital improvements to complete city trail system to natural
areas
Gordon's Run Open Space; Wilsonville Trail construction along Willamette Greenway near
Charbonneau
,.. :. :::..,:.>::,.:.:.::..,.. MEN
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Henry Hagg Lake / Scoggins Valley Park 'Six individual picnic sites, one group picnic shelter, restrooms ,
City of Cornelius Natural area project to be determined
Bethany, Reedville, Cedar Mill, Bull Mt. Acquire land to establish small natural area parks
Parks
Tualatin Hills Nature Pa-rk Acquire 22 acres to add to existing park
Koll Center Wetland Acquire right-of-way access, trail construction, viewing
platform
Cedar Mill Creek Corridor Acquire about 22 acres near Sunset Highway and Cornell
Road
Golf Creek Corridor Acquire about 10 acres west of Sylvan ane north of Sunset
Highway
Fanno Creek Greenway Trail construction to connect Fanno Creek Park to
neighborhoods
Stonegate Woods, Beaverton Acquire about 7 acres of wetland forest along Willow Creek
Hart Road Natural Area, Beaverton Acquire 18 acres to establish greenspace park near SW Hart
Road
Johnson Creek Corridor, Beaverton Acquire about 45 acres along greenway
4
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orest en ar Hrteon reek, Beaverton abrtat restoration me udmg native tree an vegetation p antings
ur am ity ar Trai an rr ge construction
Davi i Forest Par , Forest rove Acquire up to 1 acres to establish greenspace park m NW area o
city
esree inear Park, Forest Grove cquire land ong greenway inarea o city
Fernhill e ans, Forest Grove Trail access, trail construction, interpretive center near I ualatin
River
o e oo s Park, Trails, picnics eters, viewing areas for park on Vock Creek
Rood Bridge Road Park, Restoration, canoe launch, trails, at confluence of Rockr
Tualatin
Rock Creek orn or, Hillsboro Acquisition along the greenway
Ceda.r Creek Greenway, Sher-wood quisition and trail construction in the riparian zone
Fanno Creek / Sununer Creek Greenway, Trail construction
Tigard
Natural Area Park, igarAcquire about 7.5 acres o orest land To—ra city nature par
Tualatin River Corridor, Tualatin Acquisition along the south bank of die greenway
...............................................:.::..:::.,.:::.:....::.::::.::::::::...,.._:::.:::.:{.;:{;.::.r:.:.,.::............:.�:.,.........,.:;rrr:.::<.,;;?:;:.:
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Burlington Bottom Wetlands, Mult. Channel Road access, trails, wildlife blind
Howell TerritorialPark, auvie Island Picnicshelters, trails, anwildlife viewing—blindor 7 acre site
auvie Island Boat Ramp improvements to launch ramp, boarding oc Es
Ancient Forest Grove Trail construction and signage for 38 acre site north of orest Par
Hogan Cedars Acquisition along Johnson Creek near Telford Road prmgwater
Oxbow Regional Park, any River Water system upgrade, picnic shelters, group camps eters
Blue Lake Regional Park, Fairview Restore and enhance 10 acre wetland boardwalks
airview Creek Riparian Area, Fairview Enhancement of 5 acre wetland west of NE 207th connector
pringwater Corridor Trail, Gresham Trail heads, trail construction, info center, native vegetation
plantings
Fairview Creek Headwaters, Gresham Enhancement of 18 acres, a stat plantings, picnics eters, trails
Butler Creek Greenway Trail, Gresham 7oft surface trails, bridge over Johnson ree
Kelly Creek Greenway, Gresham Acquisition of 4.5 acres, soft surface trails
Beaver Creek Greenway, Troutdale Acquisition, trails, pedestrian bridge, habitat restoration, erosion
control
0o Village City ar Ha ►tat improvements, trails, erosion contro or 1 acre a ition
pringwater Corridor, Portland Trail heads and trail improvements in SE Portlan
OMSI to pringwater Corridor, Portland Trail heads and trail improvements on east o r amette River
Whitaker Ponds, Pordarid Acquisition for greenspace par along o I inu is lougF1 in NEPD
Tryon Creek Linkages, Portland Acquisition in Tryon Creek watershed to SW Portland
M. amen isan oat amp, Port anImprovements to aunc acility on o um is Iver rn NE Portland
erwi Iger-Marquam Natural Area, Portland Acquisition of up anforest in SW Port an
Columbia loug Portland Acquisition of greenspace along or near sTough in N and NE
Portland
Johnson Creekorr ,or, ortan Acquisition o greenspace ong Gree r m E Portlan
Mocks rest, Portland Acquisition of greenspace in N Portla i
Kelly Point Pa-rk, Portlan Acquisition of adjacent land in N Portland
Oaks Bottom, Portland Habitat restoration, improvements in SE Portland
Powell Butte, PortlandHabitat restoration, improvements E Portland
Community Natural Areas, Portland Acgwsuion of small greenspaces in NE ping or Elliot
neighborhoods
S
. • M `
Hoyt Arboretum, Portland Acquisition of adjacent land in NW Portland -
Leach Botanical Garden, Portland Acquisition of adjacent land in SE PortIrRd
Crystal Springs Rliododendron Garden, Acquisition of a jacent land to SE Portland
Portland
e Loop Trail,.Portland, TrAill right-of-way acquisition along the 40-Mile Loop
Iver Place to Willamette Park, Portland Acquisition and trail construction onthe west bank of Willamette
River
anno Creek, Portland Acquisition ilong the greenway in SW Portland
I-Po—re-s-t-Fairk WildwoodTrail, Portland Access and habitat improvements.in NW Portland
Other local projects may be substituted if the target areas become degraded, cost prohibitive
or otherwise infeasible. Capital improvements of lands acquired with bond proceeds are
intended to be a secondary purpose of this entire program. However, for individual
purchases or some local projects, greenspaces related capital improvements, may be a
primary element. Allowable improvements include, but are not limited to, restoration or
enhancement of natural areas, trail construction, nature centers, interpretative displays,
facilities for disabled people, access roads and facilities, parking,.boat ramps, trail heads,
rest rooms, picnic tables, shelters, viewing facilities, water systems, camp sites, fishing
piers, signs, fences, and security lighting.
Regionally significant lands acquired by Metro would be "land banked" with the property
interest owned by Metro. The Metro. Regional Parks and Greenspaces Department may
operate and maintain these lands or other cooperative arrangements may be made consistent
with the Greenspaces Master Plan. Initially, most of these lands will be held with limited
maintenance and development. If the acquisition bond measure is approved by the voters,
Metro excise taxes have been committed for this low level of maintenance. No bond funds
can be legally used for any operating expenses. Some improvements could be done with
bond funds and new grants to start public use. At the same time, user fees and other
revenue must be developed to offset increased costs from increased public use. The July
1992 Financial Study identified the following alternatives for such revenue: Parking permits,
day use or camping fees, concessions, volunteer services. Other revenue sources may be
investigated depending on the type of improvement.
Other allowable expenditures for this program include acquisition administrative expenses,
bond issuance costs and reimbursable bond preparation expenses relating to the design
planning and feasibility of the acquisition program. Administrative expenses include, but are
not limited to, assistance from professional realtors, real estate appraisals, title companies
and environmental evaluation-firms.
The preference is to issue bonds which mature in 20 years. However, to maintain the
flexibility to. respond to the market existing at time.bonds are issued, the maturity period may
be up to 30 years.
6
METRO -
-Regional Parks and-Greenspaces
600 NE GRAND AVE.PORTLAND.OR 97232.2736(503)797.1850
GREENSPACES GENERAL OBLIGATION BOND n�is SCJRE
LOCAL SI3ARE4 GUEDELWES
Local governments will be entitled to receive a portion of the regional greenspaces bond measure funds
based on the allocation formula in the Metropolitan Greenspaces Master Plan adopted in July 1992:
Projects eligible for local share funding must meet the.following criteria: ,
1. Eligible agency is a park provider as of July 1, 1991.
2. Funds must be expended on Greenspaces related activities only including:
Acquisition
• Fee Simple (or easement) to purchase regionally significant greenspaces and/or trail
corridors identified in the Metropolitan. Greenspaces Master Ilan, and/or locally
determined significant greenspaces and/or trail corridors.
• Costs associated witli the acquisition of property.
Capital [m�rovements
• Restoration or enhancement of natural areas
• Trail construction
• Access facilities such as roads that are an inte ral, art of the reens ace
. g p g p , parking,'boat
ramps, trail heads, Americans with Disabilities Act (ADA) requirements.
Public use facilities such as rest rooms
picnic tables, shelters, viewing blinds, water
systems, camp sites,-fishing piers, and associated appurtenances including signs, fences,
security lighting,.barbecues.
• Environmental education facilities such as nature centers and interpretive displays..
3. The park provider will enter into an Intergovernmental Agreement (IGA) to be approved by'the
Metro Council and the governing board of the park provider. The IGA shall require signage
at the project site in an appropriate location(s) to acknowledge Metro, the park provider., and
other project partners; funds from the bond measure shall not beused to replace local funds on
project; and funds from the bond measure should leverage other sources of revenue when'
possible.'
4 A list of local share. projects with estimated costs, and approved by the governing board of each
jurisdiction shall be delivered to Metro no. later than November 1, 1994 to be eligible foi• local
share funding.
5. Greenspace sites subject to local share funding will be maintained for itsintended recreational,
natural arca, or trail activities.
M ETRO
z,•:
U4�
Regional'Parks and GreensF 's
600 NE GRAND AVE.PORTLAND,OR 97232-2736 (503)
OPEN SPACES ACQUISITION DIVISION: LOCAL SHARE COMPONENT
Approval to Fund Prolect(s)Added or Changed from Original Local Share List
.February 1998
City of Tigard
Contract No. 904612
Previously Approved Local Share Projects
• Fern St. Land Acquisition $125,000
• Cook Park.Land.Addition $ 45,954
• Bull Mt. Area Land Addition $293,000
• Bond St. and 82nd Ave. Land Acquisition (Gage Sisters) $118,000
• Fanno Creek'Trail Land Acquisition (Hall - Durham) $100,000
• Fanno Creek Trail Land Acquisition(Main -Tiedmon) 76,000
Total $757,954 .
No Change To This Project
• Fern St. Land Acquisition (land purchased/project completed) .$125,000-.
Project Changes:
Deletions
• Cook Park Addition -- Infeasible due to asking price significantly above fair market value.
• Bond St. and 82nd Ave. Land Acquisition (Gage Sisters) -- asking price of owners higher than the
budget established by the city.
Added - New Projects
• Tualatin River Land Acquisitions -
• Feasibility Study/Design,of Pedestrian/Bike Bridge over Tualatin River(nr. Cook Park)
• Fanno Creek Trail Land Acquisitions (consolidation of'Hall-Durham and Main-Tiedmon projects)
New List of Local Share Projects
• Fern St. Land Acquisition $125,000
• Bull Mt. Area Land Addition .$279,000
• Fanno Creek Trail Land Acquisitions $279,000
• Tualatin River Land Acquisitions $ 25,000
• Pedestrian/Bike Bridge Feasibility Study/ Design over Tualatin River 49,954
Total $757,954
Projects and Budget Amounts approved by Tigard City Council.
Public Review Process
• The city has met all of Metro's requirements for declaring a project infeasible and substituting
new projects. The new projects are eligible activities under Metro's Local Share Guidelines.
Attached.is the city's`resolutions revising Tigard's Local Share Project List.
• The city of Tigard held public meetings and public hearings to review the changes. The city
council approved the changes at its September 9, 1997 and September 23, 1997 meetings.
(continued on next page)
Staff Contacts
• Local Project Manager: 'Duane Roberts, City of Tigard
Community Development Department
639-4171
• Metro Staff Reviewer: Mel Huie; 797-1731
• The local share.project changes were reviewed and,approved by Metro Open Spaces staff.
A roved for Funding by:
Date:
.Charles Ciecko, Director
Regional Parks and Greenspaces
Reviewed by:
rDesmond, Manager Dan Cooper, eneral Counsel .
es Acquisition Division Office of General Counsel
onal Parks and Greenspaces Metro
Date: ( 0 q Date:
Mel Huie, Local S are Coordinator
Open Spaces Acquisition Division
Metro Regional Parks and Greenspaces
Date:
Attachments
c:%uiemUocshareltigard2.iga
CITY OF TIGARD, OREGON
RESOLUTION NO. 97-L40 _
A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH METRO TO
OBTAIN FUNDING . FOR CERTAIN OPEN SPACE AND TRAIL ACQUISITION OR
. ENHANCEMENT PROJECTS PURSUANT TO THE LOCAL SHARE COMPONENT OF THE METRO
OPEN SPACES GENERAL OBLIGATION BOND MEASURE.
WHEREAS, On May 19, 1995, the electors 'of. Metro, a metropolitan service
district, approved a ballot measure authorizing Metro to issue $135 .6
million in bonds for open- space., parks, trails, and streams (the
"Measure") ; and
WHEREAS,: . the Measure provided_.. $25 million from bond proceeds be
expended by local parks providers for specified projects; and
WHEREAS, the City is a local parks provider which has received approval
for funding for projects as specified by the Measure; and
WHEREAS, the City, and `Metro entered into a contract to expend the pass-
through funds to implement certain listed projects;
NOW, THEREFORE, BE IT ,RESOLVED by the Tigard City Council that:
Section 1. The City' s project list, which was submitted to Metro in
the spring of 1996, is hereby modified as set forth and attached as
Exhibit "A The modification is based on the following findings.
A. The Council finds the acquisition of the Bond and 92nd Avenue
natural area is infeasible,, because the asking: price is higher than the
budget established for the . project. The Council' therefore wishes to
remove this project from its project list and to add a ($50, 00.0)
portion of these funds toward the cost of designing a pedestrian bridge
spanning the Tualatin River (Exhibit "B") , with the remainder allocated
as indicated in Section "C" .
B. The Council finds the acquisition of the Forest Parcel above
Cook Park is infeasible,. because the asking price is significantly
higher than the fair market value of the property. The Council'
therefore wishes to remove this project from its project list and to
re-allocate $35,000 of these funds to the Fanno Creek Trail - Corridor
identified in Section "C" and $11, 000 to the Bull Mountain Forest Area
identified in Section"D"-.
C. The Council finds - that the Fanno Creek Trail from Hall to
Durham and the . Fanno Creek Trail from Main to Tiedeman are both
riparian areas located along the Tualatin River. In order to , better
address the concerns of property owners who do not wish to sell and to
increase the city's negotiating power, the Council wishes to combine
RESOLUTION NO. 97-.LyD
Page 1
these two projects into .a single project identified as the Fanno Creek
Trail Corridor, which project maintains the same boundaries as the two
former projects. . The Local Share amount programmed for this project is
$279, 000, consisting of the funds allocated for the two former areas,
$68, 000 from the, former Bond and 82nd Avenue project, and $35, 000 from
the former Forest Parcel North of Cook Park project:.
D. The Council finds,. that $2'68, 00.0 remains from; the elimination
of the Forest Area between 129th Avenue and Bull Mountain Road under
Resolution No. 97-37., adopted September 9, 199.7. The Council therefore
wishes to add the acquisition of forest land between Sunrise Lane and
the Bonneville Power Lines, identified as. the Bull Mountain Forest Area
(Exhibit "B") at a cost of $279,000. . $279,00 includes.. $11, 0oo
remaining fr= the former Forest Parcel North of Cook Park acquisition
project.
E. The Council finds that a public process identical to the
process. used to select the initial sites was used to recommend the.
modifications. The City Council considered the modifications. at its
regular meeting on September 23, 1997.
F. The Council finds that the modifications have been discussed
with and . received tentative approval from Mel Huie, Local Share
Coordinator. of' Metro's Regional Parks and Greenspaces Department.
G. The Council acknowledges the modification to the list ,will not
increase Metro's financial obligation under the existing
intergovernmental agreement.
PASSED: a
This day 1997.
o - City of Ti g d
ATTEST:
City Recorder - City of 'gard
RESOLUTION NO.
Page 2
£ iBIT A
City of Tigard
1
GEENSPACE PROJECT LIST AND BUDGET (:$ in thousands)
[DELETE]
Tualatin. River. Tracts 25
Forest Parcel along Fern Street 125
[Forest Parcel N. of Cook Park] [46]
[Forest Parcel at Bond and 82nd] [118]
[Fano Creek Trail from Hall to Durham] [761
[Fano Creek Trail from Main to Tiedeman] [100]
eek Trail- torr;do Z22
Bull Mountain n rnreet A,..e- 2,Tualat7s
in River destri an Ar;d-ce nagianr.2.Q
RESOLUTION .NO. 9 7- q u
Page 3
IT B
GREENSPACE PROJECTS MAP
Zi
i v 1
/
aft
l
t •�•! ��^ r� t i t '1 � I s
111118 �* 1
It-
rr f-A
I.
• ! j �1.:Ilit
``i'Z�.—• _�'-�"':""4,�rte.
• 1. Fanno Creek Trail Corridor .
2. Tualatin River Tracts
I BUD Mountain Forest Area
""�' 4. Tualatin River Pedestrian Bridge
CITY OF TIGARD, OREGON
RESOLUTION NO. 97- 3♦I
A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH METRO TO
OBTAIN FUNDING FOR CERTAIN OPEN SPACE AND TRAIL ACQUISITION OR
ENHANCEMENT PROJECTS PURSUANT TO THE LOCAL SHARE COMPONENT OF THE METRO
OPEN SPACES GENERAL OBLIGATION BOND .MEASURE '
WHEREAS;, On May '19,,. 1995, the. electors of Metro, a metropolitan ,service
district, approved a, ballot measure authorizing Metro to issue $135.6
million in . bonds for open space, parks, trails, and streams (the
"Measure") and ;
WHEREAS, the,' Measure provided : $25 million from bond proceeds be
expended by local parks providers for specified projects; and
WHEREAS, the City is a local parks provider which has 'received approval
for funding for projects as specified by the Measure; and
WHEREAS, the City and. Metro entered into a contract to expend the pass-
through funds to implement certain listed projects;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1. The . City's project list, which was submitted, to. Metro in
the spring of 1996,. is hereby modified as set forth and. attached as
Exhibit "A" The modification is based on the following 'findings.
A. The Council finds the acquisition of the Forest Area between
129th Avenue and Bull Mountain Road, ' identified as a partnership
opportunity- with Washington County, is .-infeasible. This is because-, the
owners of the property rejected A City-County offer to purchase the
property and instead accepted a significantly higher offer. from: a
private firm wishing to subdivide and develop the property. The. Council
therefore wishes to remove this project from . its , project list and to
add the acquisition. of two vacant tracts' of forest larid, together
totaling .2.25 , acres, located along: the Tualatin River downstream from
Cook Park at a cost of $25, 000 (Exhibit "B") . The allocation of the
balance of $2.67, 000 remaining from the elimination of the 129th and
Bull Mountain Road site. will be decided; at. a future public- meeting:
B. The Council finds that a public process identical to the
process used to select the initial sites was used to recommend the
modification. The City Council considered the modification at its
regular meeting on September 9, 1997.
C. The_ Council finds that the modification has been discussed
with and . received tentative approval from Mel Hu e, Local Share
Coordinator of Metro' s Regional Parks and Greenspaces Department.
RESOLUTION NO. 97-
Page 1
D. The. Council acknowledges the modification to the list will not
increase Metro'.s 'financial obligation , under the existing,
intergovernmental. -agreement.
PASSED: This day of 1 . 1997.
Ma Cit
ATTEST:
WJ
City Recorder - City, of TigVrd
Vcitywide/res/grn.amd
RESOLUTION N0. 97-
Page 2