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Metro ~ IG136001 ~ Fields And Brown Property Management AMENDMENT NO.2 METRO CONTRACT NO.931912 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT Management of Fanno Creek Open Space Property Fields Trust/Brown Natural Area Tigard,Oregon This Second Amendment to Intergovernmental Agreement(this"Second Amcndmchf) is by and between City of Tigard(the"C '),and Metro,an Oregon municipal corporation. This Second Amendment is made and entered into as of the last date of signature indicated below (the"Effective Date'). RECITALS A. The City and Metro are parties to a certain Intergovernmental Agreement dated March 8,2013 (the`.`Original Fields Trust IGA"),Metro Contract No.931912,as amended by a First Amendment dated July 16,'2013 (the"First Amendment,"and together with the Original Fields Trust IGA,the"IGA"). B. Pursuant to the IGA,the City and Metro jointly manage approximately 38 acres of real property in the City of Tigard,known as the"Brown Natural Area,"as depicted in ExhibitA to the First Amendment,2 acres of which Metro owns and 25 acres of which Metro and the City jointly own. C. On April 28,2011,the City of Tigard approved the Tigard Greenways Trail System Plan,which identifies the Fanno Creek Trail as a regional trail,and also includes 3,000 feet of Fanno Creek Trail through the Brown Natural Area,connecting the Tigard Public Library to Milton Court and Bonita Road(the"Brown Segment"). D. In 2013,the City and Metro jointly developed a Site Development Concept(the "Site Plan"),based on input from project representatives,a public open house,and online survey, which Site Plan is attached as Exhibit A to this Second Amendment. E. The Site Plan.describes future development and protection of the Brown Natural Area, including the Brown Segment,as discussed in more detail in Section 1 of this Second Amendment and as depicted on Exhibit A. F As of the date of this Second Amendment,the City has received a 2016-2018 Regional Flexible Fund Grant to construct four segments of the Fanno Creek Trail,including the Brown Segment. G. The City and Metro wish to enter into this Second Amendment to provide for the responsibilities and obligations of the parties for the funding,design,construction,management and.maintenance of the Brown Segment and associated site improvements in accordance with the Site Plan,the terms of this Second Amendment,and the IGA. Page I —Second Amendment Fields Trust IGA AMENDMENT NO.2 METRO CONTRACT NO.931912 H. Capitalized terms used in this Second Amendment shall have the meanings given to them.in.the IGA,except as expressly modified by this Second Amendment. .AGREEMENT In consideration of the foregoing,the parties hereby acknowledge and agree as follows: 1. Interim.Period.. Section 2(a)of the Original Fields Trust TGA calls for joint. development of long-term management guidelines for the Brown Natural Area(the"Site Conservation and Management.Plan")and Section 3(e)requires joint development of a master plan(the"Master Plan'). The parties agree that the City shall take the lead to develop both documents,with the support of Metro,and the documents shall remain subject to both parties' written approval. 2. Site Develaprrient Concept In 2013,representatives from both the City and Metro formed a project team to develop a mutual understanding of the site program at the Brown Natural Area. .The team met five times and hosted a public open house and online survey, resulting in the Site Plan for the Brown Natural Area. For the sake of clarity,the parties acknowledge and agree that the Site Plan is an interim step in.the development of a long-terns management strategy for the property and does not replace the Site Conservation and Management Plan or the Master Plan discussed in Section 1,above.. To support the work to create the Site Plan,the consultant team of Nevue Ngan Landscape Architects was hired and Pacific Habitat Services provided a wetlands determination. Based on the public comments,team discussion,and review by managers,Metro and City agree on the following recommendations: (a) Restoration (i) Site restoration is the primary value and action on the site. Importance is placed. on the riparian corridor,the remnant oak savanna and.the potential habitat.for turtles. (b) Develop the Fanno Creek Trail (i) Alignment considerations:The trail is recommended to cross Fanno Creek with a pedestrian/bicycle bridge at the library. The trail will cross the open field and as it goes through the woods,avoid trees if possible,with the emphasis being to avoid impacts to the oak trees. The trail exits at Milton Court. This street may be considered for design revisions to comfortably delineate the trail within the right- of-way,potentially with a green street design solution. (ii) Design considerations:A 10 ,paved trail with 1' shoulders is assumed,with 12' where emergency vehicle access is needed. (iii)Options not recommended:After consideration,the team does not recommend the trail entering the site directly from Hall Blvd. There is private property, Page.2—Second Amendment Fields Trust IGA AMENDMENT NO.2 METRO CONTRACT NO.931912 consideration of turtle nesting habitat and a lack of proximity to the library and nearby neighborhood. (c) Sports fields (i) The goals for the site include natural resource protection and active use,with options on.the eastern portion of the property for active use including sports fields. (ii) In the future,if the City of Tigard finds that additional sports field sites have not been located elsewhere in the city and pressure on existing fields is problematic,a public process will be held to determine how sports fields are developed at the property. (iii)Given this possibility,the site concept will set aside an area for sports fields. That area may be included in restoration efforts with the understanding that planting may be removed in the future. Given this consideration,no trees will be planted in the area designated for possible sports fields. (iv)When sports fields are developed,parking options will be evaluated:Any potential parking will be designed to minimize impacts to the natural resources. Parking will be accessed via SW Milton Court,but the specific location has not been determined or approved. Emergency vehicle access will be needed along with a turn-around and a permeable pavement treatment will be used. An additional parking analysis,to address access and site design issues,will be funded by the City of Tigard. (v) In response to the sensitive habitat,sports fields would be low impact by design. The fields would be grass,with no lighting,and played seasonally. From approximately November through March the fields and the associated road/parking function would be closed. (d) Existing,informal trail (i) The project team discussed the informal,dirt trail along Fanno Creek with several considerations. (ii)The trail has been a conduit for people with transient camps and the associated security and health concerns. (iii)The trail serves the.management actions such as checking on transient camps. (iv) People like to walk it and it potentially serves as a loop. (v) The recommendation is that this trail be developed and monitored in the current, or nearby location,with 3-ft.soft surface trail that makes a.loop with the Fanno Creek Trail. 2. Trail Desien and Construction. The City shall be responsible for the design, permitting,construction and funding of the Brown Segment of the Fanno Creek Trail and any other associated site improvements substantially as depicted in Exhibit A:the Site Plan. Per Section 2(c)of the Original Fields Trust IGA,the City shall not allow or permit any alteration of any water,timber,mineral or other resource on the Property without Metro's approval in writing of such action. The City agrees to submit design documents to Metro Parks and Nature Department for review and approval at 10%, 30%,60%,and 90%completion. The City shall not Page 3—Second Amendment Fields Trust IGA AMENDMENT NO.2 METRO CONTRACT NO.931912 proceed with design or construction without written approval from the Metro Parks and Nature Project Manager at each stage. Metro shall provide its written response within 15 days of receipt of the City's design documents. The City agrees to obtain prior written approval from Metro for any material deviations from this agreed upon site plan and agreed upon designs. 3. Ownership and Management. The City shall own any improvements it constructs on the Brown Natural Area. Ownership of improvements will not have any effect on ownership of real property. Pursuant to the IGA,the City shall be responsible for management, maintenance,security and operation of Brown Natural Area including any improvements. 4. Signage. The City agrees to include and pay for Intertwine wayfinding signage, and additionally,post signage stating funding for Brown Natural Area includes funding from the 2006 Metro Natural Areas Bond Measure. 5. Miscellaneous. This Amendment may be executed in counterparts and delivery by facsimile or e-mail shall be sufficient to form a binding agreement. The IGA is modified only in the specific respects set forth in this Second Amendment. Except as expressly modified herein,the IGA remains unmodified and in full force and effect. IN WITNESS WHEREOF,the parties have executed this Second Amendment effective as of the Effective Date. CITY OF TIGARD: Print Name: MA r-HA& L• (i w� 0 Title: CI1 Md�r�GtCr- Date: q METRO: B l Print Name: Title: Date: S Page 4—Second Amendment Fields Trust IGA AMENDMENT NO.2 METRO CONTRACT NO.931912 Exhibit. Site Plan (add as PDF upon comyletion of IGA. t � � ,� �P 4 t i.IKSTOtA11NJ ' k�1Y>•Mtl�/IM(NyW��IRAvf►1'�414wM .:i� '�,. .�L �.-.� �;yPtS.�i� - «*t' • b' "A k.P'�bN..n..MXMtiinr.ad. . 'A. '*. ;,�`�� 74�r., +tlr�r�•fi.n.wrf�wA rr•IUNnw.l '7�r"4s.�� � � •/7pjM.s ahMm.+•t+b ARrrcAdi.pn.tY. i+p• - - � � `, iaa//.�N1 Mrt+AMw t+a,.lwt .1 �. 4 - at' 4�!ha�•A N.w��+...iA�rerN�,.7n:ti �s rt••M�+NItAI� 1v�.b.W.avW�' rs. y 9 _ '.S ak. � `�'� � anY'+ua+wi�xM�awr+✓��Yw.�aw xa. �j� !� •fes. "-�. S 3i"x s< � :'�' - K '�� +� i Wfi"l.iw'�.••.S.utaw:.�yyw.,N�ryu«w. MLYfi41U•t HWIIffM h,OLrlo. 'y ,�� •.� *fir--. t .w�.rrs •,..,..eh,. . tit'. 4.o�tmu+�hraVayh7nuini »}t w.e.,e.......r b;"-.l,«[..MTnJiVc.aau Page 5—Second Amendment Fields Trust IGA FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT Management of Fanno Creek Open Space Property Fields Trust/Brown Natural Area/McDonald Property Tigard, Oregon This First Amendment to Intergovernmental Agreement(this "Amendment") is by and between City of Tigard (the"City"), and Metro, an Oregon municipal corporation. This Amendment is made and entered into as of the last date of signature indicated below(the "Effective Date"). RECITALS A. The City and Metro are parties to a certain Intergovernmental Agreement dated September 12, 2000 (the "Brown Property IGA"). B. Pursuant to the Brown Property IGA,the City currently manages, operates and maintains property owned by Metro, known to Metro as the McDonald Property but commonly referred to as the Brown Property (the"Brown Property"). The Brown Property is in the Fanno Creels Target Area and is depicted on Exhibit A. C. The Brown Property IGA had an original term of 10 years, and has since expired pursuant to its own terms. D. On March S, 2013,the parties executed another Intergovernmental Agreement (the"Fields Property IGA") for property adjacent to the Brown Property, commonly known as the"Fields Property" and referred to in the Fields Property IGA as the"Property." E. The parties would like to amend the Fields Property IGA to include management of the Brown Property. F. Capitalized terms used in this Amendment shall have the meanings given to them in the Fields Property IGA, except as expressly modified by this Amendment. AGREEMENT In consideration of the foregoing,the parties hereby agree as follows: 1. Property Addition. The term "Property," as defined in the Fields Property IGA, shall hereby be deemed to include both the Brown Property and the Fields Property, and shall be managed as one site (with no distinction between the two acquisitions), except as set forth in paragraph 2 of this Amendment, below. 2. Management. Metro has completed stabilization (as described in Section 1 of the Fields Property IGA) on the Brown Property; accordingly,the terms and conditions of the Fields Property IGA that describe the period after completion of stabilization shall apply to the Brown Property immediately upon execution of this Amendment. The Fields Property is in stabilization as of the date of this Amendment, and Metro anticipates additional stabilization activity on the Fields Property. Both the Fields Property and the Brown Property shall be subject to the Interim Protection Guidelines described in Section 2 of the Fields Property IGA upon execution of this Amendment. The Property(which includes both the Fields Property and the Brown Property) shall be considered as a whole when the "Site Conservation and Management Plan," described in Section 3 of the Fields Property IGA, is developed. 3. Miscellaneous. This Amendment may be executed in counterparts and delivery by facsimile or e-mail shall be sufficient to form a binding agreement. The Fields Property IGA is modified only in the specific respects set forth in this Amendment. Except as expressly modified herein, the Fields Property IGA remains unmodified and in full force and effect. The Brown Property IGA, which has expired, is of no further force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the Effective Date. CITE' OF TIG By: Print N e: � f! �e - Title: -me(r- Date: 6-14- METRO:—1METRO: 1 By: Print Name: ' eL 60/)­ Title: 0/) .Title:fi� �v (,'�� D► Date: Exhibit A Brown Property HUNZIKERJa �L I� T�f - - J U i � _ I — I i 17 —` -�, ET� 251O1CCOO1OO -MCDONAID J--� II I IE i ' u�r �lP1 0 250 500 1,000 1,500 2,000 2,500 Feet Brown Property Fields Property INTERGOVERNMENTAL AGREEMENT (Fields Trust Property Management) This Intergovernmental Agreement ("Agreement") is entered into this V1 day of dY , 2013 (the "Effective Date"), by and between THE CITY OF TIGARD, a municipal corporation(the "City"), and METRO, a metropolitan service district established pursuant to Oregon law and the Metro Charter("Metro'). RECITALS A. On September 13, 2012, Metro and City jointly purchased certain real property located in the City of Tigard, County of Washington, State of Oregon, commonly known as Tax Parcel 1200 (R0456081) in Section 1 of Township 2 South, Range 1 West of the Willamette Meridian, and more particularly described on the attached Exhibit A (the"Pro e "). B. The Property is located within the Fanno Creek Target Area, an area specifically identified in Metro Ballot Measure 26-80 (the"2006 Natural Areas Bond Measure") as regionally significant due to its wildlife habitat values and its contribution to water quality. C. Metro and City wish to manage the Property to protect water, habitat, and to restore native species and therefore desire to enter into this Agreement to provide for the responsibilities and obligations of the parties with respect to the management, maintenance, and operation of the Property in accordance with the provisions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants of the parties set forth in this Agreement, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. Initial Stabilization Period. Metro may take whatever actions it deems appropriate, in the period immediately following Closing, to stabilize the Property, which stabilization activities may include construction, maintenance, or repair of facilities, projects, or improvements (such as fences or gates), removal of invasive plants, and replanting of native plants. Except for those items specifically delegated to the City as set forth on the Communication and Maintenance Schedule attached hereto as Exhibit B, Metro will bear all costs associated with implementation of the stabilization program. Notwithstanding the foregoing, Metro shall not construct permanent improvements without advance notice to the City and obtaining written consent from the City. 2. Interim Protection Guidelines a. From the effective date of this Agreement until completion of the Site Conservation and Management Plan, as defined below in Section 3 (the"Interim Period"),the City shall manage, maintain, secure, and operate the Property in accordance and in a manner consistent with the Metro Greenspaces Master Plan, the Tigard Municipal Code, the Tigard Page 1 —Fields Trust Property IGA 50014-70897 1GA Frek1s Property 116/11&"///14/10/3 Parks and Recreation Master Plan, and this Agreement (this Agreement and these plans collectively referred to herein as the "Plans"). In case of conflict among Plans, the Plan affording the highest level of resource protection shall govern. b. During the Interim Period, the City shall control security and access to the Property, and shall respond to neighborhood or citizen complaints regarding improper use on the Property in accordance with the Communication and Maintenance Schedule attached hereto as Exhibit B. Following Metro's completion of its stabilization activities, the City may, at its discretion, allow informal public access to the Property for passive recreation, habitat enhancement, and pedestrian activity. All uses of the Property in the Interim Period shall be consistent with this Agreement and with the Plans. The City shall not allow any such informal use if to do so would effectively preclude any potential uses of the Property that could later be allowed in the Site Conservation and Management Plan. C. Following Metro's completion of its stabilization activities, the City shall not allow or permit any alteration of any water, timber, mineral, or other resource on the Property, except for the control of exotic, non-native, invasive, or pest plant species, as necessary to prevent Property degradation, or to address security or public safety concerns. A list of the anticipated vegetation management activities to be conducted by the City is set forth in the Communication and Maintenance Schedule attached hereto as Exhibit B. If the City believes that an improvement, trail, or alteration of any water or timber resource on the Property is necessary prior to adoption of a Site Conservation and Management Plan for the Property, Metro shall have the right to approve of such action, which approval shall be in writing, and the City shall provide Metro sixty(60)days advance written notice of its intent to construct any improvements, trails, or alteration of water or timber resource on the Property. In any event, no capital improvements or trails shall be constructed on the Property, and no alteration of water or timber resource shall occur, that are inconsistent with this Agreement or that would effectively preclude any potential uses of the Property that could later be allowed in the Site Conservation and Management Plan. 3. Long-Term Management,Maintenance, and Operation. a. Metro and the City, in consultation with one another, shall jointly develop long-term management guidelines for the Property (the "Site Conservation and Management Plan"). The Site Conservation and Management Plan will divide the Property approximately between those areas that will be(i) kept natural, such that native vegetation planted on the Property during the stabilization period is free to grow, requiring decreasing maintenance over time (the "Natural Area"), and (ii)actively managed, developed, or mowed, requiring approximately the same amount of maintenance over time (the"Maintained Area"). With respect to each management area, the Site Conservation and Management Plan will set forth the acceptable management, operation, and maintenance for the area, the types and levels of programmed and public uses and trails, improvement standards, and signage plans and standards. Notwithstanding the foregoing, the parties acknowledge and agree that the division of the Property in this manner is somewhat approximate, and will cooperate in good faith in those portions of the Property that overlap or could be viewed to serve both purposes and functions. Page 2—Fields Trust Property IGA 50014-70897 1GA Fields Properry 12 611 docldi;0124/1013 b. In accordance with the terms of this Agreement and the Site Conservation and Management Plan, the City shall be responsible for the Management(as defined below) of both the Maintained Area and the Natural Area. As used in this Agreement, the term "Management" means the ongoing maintenance, security, and operation of the applicable portion of the Property and of any facilities, projects or improvements located thereon, such as fences, gates, outdoor furniture or structures, utilities, signage and lighting. Management includes, without limitation, removal of invasive weeds, maintenance of vegetation, abatement of nuisances, and the responsibility to coordinate with other governmental agencies regarding any issues that may arise under such other agencies'jurisdiction. Specifically, if any permits are necessary for the Management of a management area, the City shall be responsible for obtaining the permit, and Metro shall reasonably cooperate in such efforts. Each party shall be responsible for its proportionate share of taxes or assessments for the Property, based on their percentage ownership interest in the Property. The City shall be responsible for funding the Management with its own financial and staffing resources.Notwithstanding the above, the City may, from time to time, in its sole discretion, seek Metro's assistance with Management of the Property. Upon the City's request, Metro may, in its sole discretion,agree to assist with Management of the Property as requested by the City. C. The City shall act in a timely manner to resolve nuisance complaints and mitigate threats to the resources of its management area. If the City is issued a nuisance notice for activities occurring on the Property("Nuisance Notice"), then the City shall forward the notice to Metro. If, at the time the City receives a Nuisance Notice, Metro has a program in place that would reduce or cover the cost to abate the nuisance ("Program"), and the City is eligible to participate in such Program, Metro agrees to work with the City, so that the City may become a participant in the Program and use the Program funds to assist in abating the nuisance and covering the costs associated with such abatement. If no Program exists, and the City does not abate the nuisance in accordance with the time set forth in the Nuisance Notice, Metro may, at its sole option, abate the nuisance and provide the City with an invoice for the reasonable cost of such work. d. All requests for new easements, rights of way, and leases not already burdening or affecting the Property at Closing shall be submitted to Metro in accordance with the Metro Easement Policy, Resolution No. 97-2539B,passed by the Metro Council on November 6, 1997, attached hereto as Exhibit C. Any decision regarding the naming of all or any portion of the Property must be in accordance with Metro Code Chapter 2.16, as it may be amended. e. The parties will jointly develop a Master Plan for the Property identifying which areas may be developed for recreational uses and which areas will be maintained in a natural state. The Master Plan for the Property is subject to the approval of each party and shall be developed collaboratively, with either Metro or the City performing the role of project manager. 4. Term. Unless modified or terminated as provided herein,this Agreement shall continue in effect for a period of five(5) years. This Agreement shall thereafter automatically renew for additional five-year terms unless, not later than ninety(90) days prior to the expiration of the then-current term of this Agreement, one of the parties provides the other party with notice that it does not wish to renew this Agreement. The parties may,by written agreement signed by Page 3 —Fields Trust Property IGA 50014-70897 IGA Fields Property 12611 dccOW1124/20/3 each party, terminate all or a part of this Agreement based upon a determination that such action is in the public interest. Termination under this section shall be effective as providing in such termination agreement. Termination shall have no affect on ownership of the Property. 5. Termination for Cause. Any party may terminate this Agreement in full,or in part, at any time if that party(the "terminating party') has determined, in its sole discretion, that the other party has failed to comply with the conditions of this Agreement and is therefore in default(the "defaulting party"). The terminating party shall promptly notify the defaulting party in writing of that determination and document such default as outlined herein. The defaulting party shall have thirty(30)days to cure the default described by the terminating party. If the defaulting party fails to cure the default within such thirty(30)day period,then this Agreement shall terminate ten(10)days following the expiration of such thirty(30)day period. 6. Indemnification. The City, to the maximum extent permitted by law and subject to the Oregon Tort Claims Act, ORS Chapter 30, shall defend, indemnify, and save harmless Metro and Metro's officers, employees, and agents from and against any and all liabilities, damages, claims, demands,judgments, losses, costs, expenses, fines, suits, and actions, whether arising in tort, contract, or by operation of any statute, including but not limited to attorneys' fees and expenses at trial and on appeal, relating to or resulting from the performance of its obligations under this Agreement or actions taken by City pursuant to this Agreement on the Property including but not limited to the management, maintenance, security, or operation of the Property, including but not limited to construction of trails or in relation to any other improvements on the Property. Metro, to the maximum extent permitted by law and subject to the Oregon Tort Claims Act, ORS Chapter 30, shall defend, indemnify, and save harmless the City and the City's officers, employees, elected officials, and agents from and against any and all liabilities, damages, claims, demands,judgments, losses, costs, expenses, fines, suits, and actions, whether arising in tort, contract, or by operation of any statute, including but not limited to attorneys' fees and expenses at trial and on appeal, relating to or resulting from Metro's performance of its obligations under this Agreement or actions taken by Metro pursuant to this Agreement on the Property including but not limited to those actions taken under Section_above. 7. Insurance. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 8. Oregon Constitution and Tax Exempt Bond Covenants. A source of funds for the acquisition of the Property 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), I I(c), I I(d) and 1 l(e) of the Oregon Constitution, and the interest paid by Metro to bond holders is currently exempt from federal and Oregon income taxes. The City covenants that it will take no actions that would cause Metro to be unable to maintain the current status of the real property taxes as exempt from Oregon's constitutional limitations or the income tax exempt status of the bond interest. In the event the City 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. Page 4—Fields Trust Property IGA 50014-70897 1CA Fields Properrv,12611 dxtdm/1/14/1013 f y 9. Laws of Oregon; Public Contracts. The laws of the State of Oregon shall govern this Agreement, and the parties agree to submit to the jurisdiction of the courts of the State of Oregon. All applicable provisions of ORS chapters 279A, 279B, and 279C, and all other terms and conditions necessary to be inserted into public contracts in the State of Oregon, are hereby incorporated by this reference as if such provisions were a part of this Agreement. 10. Assignment. No party may assign any of its rights or responsibilities under this Agreement without prior written consent from the other party, except that a party may delegate or subcontract for performance of any of its responsibilities under this Agreement. 11. Notices. All notices or other communications required or permitted under this Agreement shall be in writing, and shall be personally delivered(including by means of professional messenger service)or sent by both (1) electronic mail or fax, and(2) regular mail. Notices shall be deemed delivered on the date personally delivered or the date of such electronic or fax correspondence, unless such delivery is on a weekend day, on a holiday, or after 5:00 p.m. on a Friday, in which case such notice shall be deemed delivered on the next following weekday that is not a holiday. To Metro: Director, Sustainability Center 600 N.E. Grand Avenue Portland, OR 97232-2736 Fax: (503) 797-1849 To City: Parks and Facilities Manager City of Tigard Parks and Recreation Department 13125 SE Hall Blvd Tigard, OR 97223 Fax: (503) 684-7297 12. Severability. If any covenant or provision of 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.f 13. Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or representations relating to the Property. No waiver, consent, modification, amendment, or other change of terms of this Agreement shall bind either party unless in writing and signed by both parties. _,.; 14. Counterparts; Facsimile Execution. This Agreement may be executed in counterparts, each of which, when taken together, shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original signatures with respect to this Agreement. Page 5—Fields Trust Property IGA 50014-708971GA Fields Proper,)12 6 12 d"WnVI/14/101 3 ' IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF TIGARD TRO i By: ame r n n Ch' f Operatin er Title: n e V- Date: Date:-,::z4/-z j Page 6—Fields Trust Property IGA 50011.708971GA Fields Property 126 12.docWmII/14/1013 Exhibit A Property Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 14015'29" East a distance of 60.00 feet to the true point of beginning. Exhibit A—Fields Trust Property IGA Exhibit B Communication and Maintenance Schedule Fields Property,City of Tigard Stabilization Period Interim Period Tigard Metro Tigard Projected Costs Communication For all communication between the City Stabilization,vegetation control, For all communication between the City of of Tigard and Metro Steve Martin, natural area maintenance Kate Tigard and Metro Steve Martin,(503)718-2583 (503)718-2583 Holleran,503-813-7543 Safety,security and general property issues- Dan Moeller, 503-797-1819 Site Inspection The site will be inspected weekly for The site will be inspected weekly for illegal use, illegal use,safety issues or maintenance safety issues or maintenance needs needs Mowing The meadow will be mowed twice The meadow will be mowed twice during during growing season(early summer growing season(early summer and early fall)to and early fall)to manage invasive plants manage invasive plants and lower fuel levels and lower fuel levels Illegal Camping Patrol/Removal Monthly Monthly Vandalism Reports of vandalism will be responded Reports of vandalism will be responded to to within 24 hours of notification within 24 hours of notification Safety Hazards Immediate response after notification Immediate response after Immediate response after notification notification Ivy Control Invasive plants treatments will be Natural area should be inspected twice yearly to The forested site should be relatively stable conducted throughout the identify any EDRR species and evaluate need after weed control is accomplished. stabilization period for targeted invasive plant control —$40/ac/year for long term maintenance Blackberry Control Blackberry in open Maintenance spray of blackberry in open Approximately$1800 per treatment(crew 7 forest/woodland will be sprayed forest/woodland area on 3-5 year schedule for I day) during stabilization or cut/sprayed if larger concentrations are resent Reed Canary Grass Control Reed canarygrass will be treated to prepare planting sites for native vegetation. Weed Tree Control(Holly, Cut stump treatment will be Inspected to monitor weed tree re- Approximately$2100 per treatment(crew 7 hawthorn,laurel) conducted on weed trees during growth/seedlings Plan on re-treatment every 5- for 1 day) stabilization period 7 years Planting Revegetation of natural areas will Final maintenance may transition to Tigard if Approximately$1800 per yearly circle occur throughout the stabilization Tigard manages entire site Circle sprays should spray treatment(crew 7 for I day) period be conducted until plants are free to grow Approximately$2100 per yearly (typically 5 years). Release cutting/mowing in cutting/mowing treatment(if needed) conjunction with circle sprays may be necessary Stabilization funds are typically available depending on competing vegetation until plants are free to grow Exhibit B—Fields Trust Property IGA Exhibit C Easement Policy i 1 NEIiM CERrIFY THAT TU NF IM]IKG 7 IS A COMPLIM Arm OGCT COPT OF TIR BEFORE THE METRO COUNCIL (INGGYALTHE111 E RP�eeo_.Y..SA.s M j FOR THE PURPOSE OF APPROVING GENERAL ) RESOLUTION NO.97-2539B POLICIES RELATED TO THE REVIEW OF ) l EASEMENTS,RIGHT OF WAYS,AND LEASES ) l FOR NON-PARK USES THROUGH PROPERTIES) MANAGED BY THE REGIONAL PARKS ANDi Introduced by GREENSPACES DEPARTMENT. ) Mike Burton,Executive Officer WHEREAS,Metro currently owns and manages more than 6,000 acres of regional ' parks,open spaces,natural areas,and recreational facilities;and k WHEREAS,additional lands are being acquired through the Open Space,Parks, and Streams Bond Measure,approved by voters in May of 1995;and WHEREAS,the primary management objectives for these properties are to provide opportunities for natural resource dependent recreation,protection of fish,wildlife,and 4 native plant habitat and maintenance and/or enhancement of water quality,and I WHEREAS,Metro will be approached with proposals to utilize regional parks,open spaces,nature(areas,and recreational faalities property for utility,transportation,and other non-park purposes;and WHEREAS,Metro seeks to insure that these uses have no negative Impact upon the primary management objectives of Metro Regional Parks and Greenspaces properties;and i WHEREAS,it would be in Metro's best interest to provide for the orderly evaluation and consideration of proposals to utilize portions of Metro Regional Parks and Greenspaces properties for utility,transportation and other non-park uses;NOW THEREFORE, BE IT RESOLVED,that the Metro Council hereby adopts the policy attached as Exhibit"A"for any and all requests related to formal proposals for the use of Metro Regional Parks and Greenspaces properties for the purposes noted therein. ADOPTED by the Metro Council this �y"c' day of 1997. Jon K ' d,Presiding Officer ATTEST: Approved as to Form: rng ry Daniel .Cooper,Ge rel Counse f Exhibit C—Fields Trust Property IGA Exhibit"A" METRO POLICY RELATED TO THE REVIEW OF EASEMENTS,RIGHT OF WAYS,AND LEASES FOR NON-PARK USES Metro owns and manages,either on its own or in partnership with other government and private entities,several thousand acres of regional parks,open spaces,natural areas and recreational facilities. These facilities are maintained to promote and preserve natural resources and recreational opportunities for the public consistent with the Greenspaces Master Plan adopted by the Metro Council in 1992,the Open Spaces Bond Measure approved by the voters in 1995 and other restrictions limiting the uses of specific properties in existents at the time of its acquistion by the public.Nothing in this policy shall be construed to allow these facilities to be used in any manner which detracts from this primary purpose. This policy is written from the perspective of Metro as the property owner,however,in those cases in which Metro co-owns a property with other entities,all decisions concerning the use of the property in question will be fully coordinated with the other owners. In addition,all new development and all proposed work within Water Quality Resource Areas or other environmentally sensitive work will be conducted in accordance with Metro or local government policies,to include where appropriate,application for permits and completion of environmental reviews. In event that local government policies are less restrictive than the Metro Model ordinances, Metro will apply the more restrictive Metro policies. Regarding requests for easements,right of ways,and leases for non-park uses in Metro owned or managed regional parks,natural areas or recreational facilities,it is Metro's policy to: 1) Provide for formal review of all proposed easements,right of ways,and leases for non- park,uses by the Regional Parks and Greenspaces Advisory Committee,the Regional Facilities Committee and the full Council. Notwithstanding satisfaction of the criteria set forth herein,the final determination of whether to approve a proposed easement,right of way, or lease is still subject to the review and approval by the full Metro Council. 2) Prohibit the development of utilities,transportation projects and other non-park uses within corridors or on sites which are located inside of Metro owned or managed regional parks,natural areas,and recreational facilities except as provided herein. 3) Reject proposals for utility easements,transportation right of ways and leases for non-park J uses which would result in significant,unavoidable impacts to natural resources,cultural resourm,recreational facilities,recreational opportunities or their operation and management. 4) Accommodate utility easements,transportation right of ways or other non-park uses when the Regional Parks and Greenspaces Department(the Department)determines that a proposed easement,right of way or non-park use can be accommodated without significant impact to Exhibit C—Fields Trust Property IGA I 1 t i natural resources,cultural resources,recreational facilities,recreational opportunities or their .operation and management;and that the impacts can be minimized and mitigated. 5) Require full mitigation and related maintenance,as determined by the Department,of all ' unavoidable impacts to natural resources,recreational facilities,recreational opportunities or their operation and management associated with the granting of easements,right of ways,or leases to use Metro owned or managed regional parks,natural areas or recreational facilities for non-park uses. 6) Limit rights conveyed by easements,right of ways,and leases for non-park uses to the minimum necessary to reasonably accomplish the purpose of any proposal. I 7) Limit the term of easements,right of ways and leases to the minimum necessary to accomplish the objectives of any proposal. 9) Require`reversion","non-transferable^and`removal and restoration"clauses in all easements,right of ways and leases. i 9) Fully recover all direct costs(including staff time)associated with processing,reviewing, analyzing,negotiating,approving.conveying or assuring compliance with the terms of any easement,right of way,or.lease for a non-park use. 10) Receive no less than fair market value compensation for all easements,right of ways,or leases for non-park uses. Compensation may include,at the discretion of the Depa=t nt, , periodic fees or considerations other than monetary. 11) Require full indemnification from the easement,right of way or lease holder for all costs, damages,expenses,fines or losses related to the use of the easement,right of way or lease Metro may also require appropriate insurance coverage and/or environmental assurances if deemed necessary by the Office of General Counsel. 12) Limit the exceptions to this policy to:grave sales,utilities or transportation projects which are included in approved master/management plans for Metro regional parks,natural areas and recreational facilities;projects designed specifically for the benefit of a Metro regional park,natural area,or recreational facility;-or interim use leases as noted in the Open Spans Implementation Work Plan. 13 Provide for the time review and analysis of proposals L ) timely ys• p posals for non-park uses by adhering to � the following process: a) The applicant shall submit a detailed proposal to the Department which includes all relevant information including but not limited to:purpose,size,components,location, existing conditions,proposed project schedule and phasing,and an analysis of other alternatives which avoid the Metro owned or managed regional park,naturel area or recreational facility which are considered infeasible by the applicant. Cost alone shall not constitute infeasibility. Exhibit C—Fields Trust Property IGA b) Upon receipt of the detailed proposal,the Department shall determine if additional information or a Master Plan is required prior to further review end analysis of the proposal. ' For those facilities which have master plans,require that all proposed uses are consistent with the master plan. Where no master plan exists all proposed uses shalt be consistent with the Greenspaces Master Plan. Deficiencies shall be conveyed to the applicant for correction. c) Upon determination that the necessary information is complete,the Department shall review and analyze all available and relevant material and determine if alternative alignments or sites located outside of the Metro owned or managed regional park,natural area,or J recreational facility are feasible. d) If outside alternatives are not feasible,the Department shall determine if the proposal I can be accommodated without significant impact to park resources,facilities or their operation and management. Proposals which cannot be accommodated without significant impacts shall be rejected. If the Department determines that a proposal could be accommodated without significant impacts,staff shall initiate negotiations withthe applicant to resolve all issues related to exact location,legal requirements,terms of the agreement,mitigation requirements, fair market value,site restoration,cultural resources,and any other issue relevamtto a specific proposal or park,natural area or recreational facility. 'Me Department shall endeavor to complete negotiations in a timely and business-like fashion. e) Upon completion of negotiations,the proposed agreement,in the appropriate format, shall be forwarded for review and approval as noted in item"1"above. In no event shall construction of a project commence prior to formal approval of a proposal. f) Upon completion of all Metro tasks and responsibilities or at intervals determined by the Department,and regardless of Metro Council action related to a proposed easement,right of way or lease for a non-park use,the applicant shall be invoiced for all expenses or the outstanding balance on expenses incurred by Metro. g.) Perruission from Metro for an easement or right-of-way shall not preclude review under applicable federal,state or local jurisdiction requirements. i Exhibit C—Fields Trust Property IGA 600 NE Grand Ave. www.oregonmetro.gov Portland, OR 97232-2736 Metro I Making a great place 3/13/2013 Steve Martin City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 Dear Steve: Enclosed please find your copy of the fully executed IGA for the Fields Property. Please let me know if you have any questions or concerns. Sincerely, [A Shannon Leary Property and Acquisition Assistant Sustainability Center Encl.