Metro, Washington County - Natural Areas Bond Measure Local Share Fund Transfer for Sunrise Park Property Metro Contract No. 930993
INTERGOVERNMENTAL AGREEMENT
FOR BOND MEASURE LOCAL SHARE FUND TRANSFER
SUNRISE PROPERTY
METRO, CITY OF TIGARD AND WASHINGTON COUNTY
THIS AGREEMENT is made and entered into by and between METRO, a district
established pursuant to ORS Chapter 268 ("Metro"), WASHINGTON COUNTY
("County"),- and the CITY OF TIGARD ("City"), with an Effective Date of FebraA!ij 2-q,
201 'L .
WITNESSETH
RECITALS
A. The voters of Metro approved Ballot Measure 26-80 on November 7, 2006, which
provided funds for natural areas, clean water, and protection of fish and wildlife,
including funds to be expended by local parks providers for specified projects.
B. The County and City are local parks providers.
C. The City and County have each signed an Intergovernmental Agreement ("IGA")
with Metro for Natural Areas Bond Measure Local Share Component (the "Local Share
Program").
D. The "Sunrise Property", described in Exhibit "A" and shown on Exhibit "B"
attached hereto, is identified on the Local Share Project List attached to the Metro-
County IGA.
E. ORS 190.010 authorizes agencies to enter into intergovernmental agreements
for the performance of any or all functions and activities that a party to the agreement
has the authority to perform.
F. City has taken all actions necessary to acquire the Sunrise Property including,
without limitation, paying the purchase price, closing the purchase and obtaining title to
the property. The Sunrise Property was acquired for purposes allowed under the Local
Share Program.
G. The County Board of Commissioners by County Minute Order 10-335, dated
October 19, 2010, approved and authorized a financial contribution to acquisition by
City of the Sunrise Property, using a portion of County's Local Share Program funds.
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Metro Contract No. 930993
AGREEMENT
NOW, THEREFORE, the premises being in general as stated in the foregoing Recitals,
and in consideration of the terms, conditions and covenants as set forth below, the
parties hereto agree as follows:
ARTICLE I - COUNTY OBLIGATIONS
1. County shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of this transaction with Metro and the City.
2. Within thirty (30) days after the Effective Date, County shall sign and deliver to
Metro a Requisition Certificate for Release of Funds, Natural Areas Bond Local Share
("Certificate"), requesting release of funds in the amount of $400,000 from the County's
Local Share Program funds to the City, to be placed in the City's Local Share funds for
use by the City as reimbursement toward City funds previously used for its purchase of
the Sunrise Property (the "Transfer").
3. County shall have no responsibility for the management, control or use of the
Sunrise Property and shall have no legal interest in the Sunrise Property. Following
completion of the County's obligations for signature and delivery of the Certificate,
County shall have no further obligations under this Agreement.
ARTICLE II - CITY OBLIGATIONS
1 . The Tigard City Council has reviewed this Agreement and authorized the City
Manager to execute the final Agreement.
2. City shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of this transaction with Metro and the County.
3. Within thirty (30) days after the Effective Date of this Agreement, the City shall, in
accordance with the terms of Section 5 of the Metro-City IGA, add the Sunrise Property
to its Local Share Project List (the "City Project List Amendment").
4. As a result of the Transfer, City shall be responsible for fulfilling all obligations
and requirement of the Metro-City IGA, including (without limitation) complying with the
use limitations set forth in Section 8 of the Metro-City IGA. In the event the City
breaches its IGA with Metro and such breach concerns the Sunrise Property, such
action also will constitute a breach of this Agreement, and the County will have the legal
right to enforce compliance by City with that IGA under the terms of this Agreement.
5. City shall be entitled to use funds provided by County under Article 1.2 of this
Agreement solely for reimbursement of City funds previously expended for the
acquisition of the Sunrise Property.
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6. Since acquisition of the Sunrise Property, the City has been and shall continue to
be solely responsible for ownership, management, supervision and control of the
Sunrise Property. This paragraph shall not limit the City's ability to transfer the Sunrise
Property for park purposes to a park district or other public entity that assumes the
continuing obligations of this Agreement.
ARTICLE III - GENERAL PROVISIONS
1. Metro shall, upon execution of this Agreement, assign a liaison person to be
responsible for coordination of this transaction with the County and City.
2. Upon receipt of (i) the Certificate from the County as provided in Article 1.2 and
(ii) the City Project List Amendment as provided in Article 11.3, Metro shall effectuate the
Transfer, as reimbursement of City funds used to acquire the Sunrise Property.
3. In accordance with the terms of the Metro-City IGA, Metro shall have no
responsibility for the management, control, or use of the Sunrise Property, and shall
have no legal interest in the Sunrise Property.
4. Metro's approval of this Agreement shall constitute Metro's approval of the
transfer of Local Share Funds by County in accordance with the Metro-County IGA,
notwithstanding that the Sunrise Property will be acquired and held in the name of the
City.
ARTICLE IV - GENERAL PROVISIONS
1. LAWS OF OREGON. The parties agree to abide by all applicable laws and
regulations regarding the handling and expenditure of public funds. This Agreement
shall be governed by the laws of the State of Oregon.
2. DEFAULT. Any party shall be deemed to be in default if it fails to comply with
any provision of this Agreement. The parties agree time is of the essence in the
performance of any of the obligations within this Agreement. Complaining party shall
provide the defaulting party with written notice of default and allow thirty (30) days within
which to cure the defect.
3. INDEMNIFICATION. This Agreement is for the benefit of the parties only. Each
party agrees to indemnify and hold the other harmless, to include their respective
officers, employees, agents and representatives, from and against all claims, demands
and causes of actions and suits of any kind or nature for personal injury, death or
damage to property on account of or arising out of services performed, the omission of
services or in any way resulting from the acts or omissions of the parties so
indemnifying and/or its officers, employees, agents or representatives. Indemnification
is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act
(ORS 30.260 through 30.300).
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4. MODIFICATION OF AGREEMENT. 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
specific instances and for the specific purpose given.
5. DISPUTE RESOLUTION. In the event of a breach of this Agreement by any
party, and if the defaulting party fails to cure the breach within thirty (30) days after
receiving notice of the breach from a non-defaulting party, the parties agree to use their
best efforts to resolve any dispute arising out of this Agreement by mediation. If
mediation is not successful within thirty (30) days of commencement, the parties are
free to utilize any legal remedy they may have.
6. SEVERABILITY. If any terms or provisions of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be determined by a court to
be invalid or unenforceable, the remainder of this Agreement and the application of
those terms and provisions shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
7. NONDISCRIMINATION. No person shall be denied or subjected to
discrimination in receipt of the benefits of any services or activities made possible by or
resulting from this Agreement on the grounds of race, color, religion, gender, sexual
orientation, national origin, disability, age or marital status. Any violation of this
provision shall be considered a material defect and shall be grounds for cancellation,
termination or suspension in whole or in part by the County.
8. INTEGRATION. This Agreement includes the entire agreement of the parties
and supersedes any prior discussions or agreements regarding the same subject.
There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement.
9. EFFECT OF AGREEMENT. This Agreement shall be effective upon execution
by the parties, and shall continue in effect until all obligations have been performed.
The City's obligations under Article 11.4, and the County's and Metro's right to enforce
those obligations, shall survive closing of the purchase of the Sunrise Property and
conveyance to the City. This Agreement shall serve as an amendment to Section 2 of
the Metro-County IGA and Section 2 of the Metro-City IGA.
10. AMENDMENT OR EXTENSION. This Agreement may be amended or extended
by consent of the parties, subject to provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
year hereinafter written.
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Metro Contract No 930993
DONE AND DATED this day of , 201 Z.
CITY OF TIGARD WASHINGTON COUNTY, OREGON
By: By:
Title: City Manager Title: Asst,CountyAdministm!or
Date: � 1�`� /_�O/�-- Date: It d,2—
METRO METRO
By: "
Title:
Date:
P O ED O FORM
A'_'
'Agsist A'Wmer torney
APPROVED AS TO FORM:
Senior Assistant County Counsel
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Metro Contract No. 930993
Exhibit"A"
Real property in the County of Washington,State of Oregon,described as follows:
BEING TRACTS OF LAND AS DESCRIBED IN THE FOLLOWING DOCUMENTS:98-070527,2003-020130,
2000-061432, 2004-107939,P.00K 1151,PAGE 113,2004-062311, 2004-082312,2005-27699,AND 97-
084282 ALL WASHINGTON COUNTY DEED RECORDS, SITUATED IN THE SOUTHEAST-ONE-QUARTER OF
SECTION 5,TOWNSHIP 2 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN,IN COUNTY OF
WASHINGTON,STATE OF OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT N0.
97-084282,WHICH BEARS NORTH 89°50'14-WEST, 571.41 FEET ALONG THE SOUTH LINE OF
SECTION AND NORTH 00°41'42"FAST,20.00 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION
5 BEING MARKED WITH AN ALUMINUM DISC IN CONCRETE;THENCE ALONG A LINE 20.OU FEET
NORTHERLY OF,AND PARALLEL WITH SAID SOUTH SECTION LINE NORTH 89°50'44"WEST,212.90
FEET TO THE SOUTHWEST CORNER OF SAID TRACT;THENCE SOUTH 001 41'42"WEST,20.00 FEET TO
SAID SOUT-H SECTION LINE;THENCE ALONG SAID SOUTH SECTION LINE NORTH 89`50'11"WEST,
233.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION OFTHE EASTERLY LINE OF THAT TRACT OF
I AND DESCRIBED IN DOCUMENT NO.80-019854;THENCE ALONG SAID EASTERLY LINE NORTH 000 43'
00"EAST,200.00 FEET TO THE NORTHEAST CORNER THEREOF;THENCE ALONG THE NORTHERLY LINE
OF SAID TRACT NORTH 890 50'44-WEST, 124.00 FEET'TO THE NORTHWEST CORNER THEREOF;
THENCE ALONG THE WESTERLY LINE OF SAID TRACT SOUTH 000 43'00-WEST, 180.00 FEET TO THE
SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO.2004107939, BEING
20.00 FEET NORTHERLY OF,WHEN MEASURED PERPENDICULAR TO SAID SECTION LINE;THENCE
ALONG THE SOUTHERLY UNE OF SAID TRACT THE FOLLOWING THREE(3)CALLS;THENCE PARALLEL
WITH SAID SECTION UNE NORTH 89°50,14-WEST, 180.00 FEET;THENCE LEAVING SAID PARALLEL
LINE, NORTH DO°43'00-PAST,20.00 FEET,THENCE NORTH 890 50'44"WEST,23.33 FEET TO A
POINT BEING 40.DO FEET NORTHERLY OF,WHEN MEASURED PERPENDICULAR TO SAID SECTION LINE;
THENCE SOUTH 00"43'00"WEST,40.00 FEET TO THE SOUTH SECTION UNE;THENCE ALONG SAID
SOUTH SECTION LINE NORTH 89°SD'44"WEST,107.00 FEET TO A POINT ON THE SOUTHERLY
EXTENSION OF THE EASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NO.2002-
161976;THENCE ALONG THE EASTERLY LINE OF SAID TRACT NORTH 00°41'34"EAST,240.00 FEET
TO THE SOUTHERLY LINE OF THAT TRACT DESCRIBED IN DOCUMENT NO.2002.-12.8525;THENCE
ALONG SAID SOUTHERLY LINE SOUTH 89°50'44-EAST,42.89 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT;THENCE ALONG THE EASTERLY LINES OF THOSE TRACTS DESCRIBED IN DOCUMENT NO.
2002-128525 AND DOCUMENT NO.2095-134615 NORTH 00'10'00-EAST,399.77 FEET TO THE
SOUTHERLY UNE OF THAT TRACT DESCRIBED IN DOCUMENT NO.2004-046173;THENCE ALONG SAID
SOUTHERLY UNE SOUTH 89°46'29-EAST,85.62 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE ALONG THE EASTERLY LINE OF SAID TRACT, NORTH 00.43'00"EAST,151.39 FEET TO THE
MOST NORTHERLY FAST CORNER THEREOF;THENCE ALONG THE NORTHERLY LINE OF SAID TRACT
NORTH 790 30'00"WEST,243.12 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
SUNRISE LANE(BEING 20.00 FROM THE CENTERLINE THEREOF,WHEN MEASURED PERPENDICULAR
THERETO);THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR(4)CALLS:NORTH 14`
15'05"WEST, 98.41 FEET;THENCE NORTH 17'04'5S'FAST,72.15 FEET;THENCE NORTH 430 11'55'
EAST, 116.47 FEET;THENCE NORTH 04'35'55"EAST,84.20 FEET TO THE SOUTHWEST CORNER OF
THAT TRACT DESCRIBED IN DOCUMENT NO.95-037734;THENCE ALONG THE SOUTHERLY LINE OF
SAID TRACT SOUTH 890 28'42-EAST,699.75 FEET TO THE NORTHWEST CORNER OF THAT TRACT
DESCRIBED IN DOCUMENT NO.2001-085039;THENCE ALONG THE WESTERLY LINE OF SAID TRACT
THE FOLLOWING ENE(5)COURSES:SOUTH 000 41 42'WEST, 393.64 FEET;THENCE SOUTH 89"50'
44"EAST, 100.00 FEET;THENCE SOUTH 00'41'42"WEST,480.00 FEET;THENCE SOUTH 890 50'44"
EAST, 112.90 FEET;THENCE SOUTH 00'41'42'WEST,280.00 FEET TO SAID POINT OF BEGINNING.
FrrstRmencan TWe
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Metro Contract No. 930993
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CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 12-
A RESOLUTION ADDING THE SUNRISE PROPERTY TO TIGARD'S LOCAL SHARE PROJECT
LIST AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT (IGA) WHEREBY WASHINGTON COUNTY WILL MAKE A $400,000
CONTRIBUTION TO PARTIALLY FUND THE PURCHASE OF THE SUNRISE PROPERTY
WHEREAS, in 2006,voters passed Metro's natural areas bond measure and a portion of the bond measure
funds were allocated to park providers like Washington County and the City of Tigard;and
WHEREAS,the city purchased the Sunrise property in May 2011;and
WHEREAS, in December 2011, Washington County approved a $400,000 contribution from its 2006 Metro
bond measure allocation to partially fund the Sunrise property purchase;and
WHEREAS, to receive the contribution, the city must execute the IGA with Washington County and Metro
and add the purchase of the Sunrise property to its 2006 list of Metro bond projects, known as the Tigard's
local share project list;and
WHEREAS,the city wishes to accept the$400,000.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Tigard's local share project list is hereby amended to include the purchase of the Sunrise
property.
SECTION 2: The city manager is authorized to execute the attached IGA (Exhibit A) with Washington
County and Metro. This IGA will transfer of $400,000 in Metro bond funds from
Washington County to the City of Tigard in accordance with bond requirements.
SECTION 3: The county's $400,000 contribution will partially reimburse Tigard park bond funds used to
purchase the Sunrise property.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This / �/ day of 2012.
c
ayor- City of Tigard
ATTEST:
City Recorder-City of Tigard
Certified to be a true copy of the original document on
file atGity of Tigard City Hall.
RESOLUTION NO. 12- By: cc �._� ,.-c p- + -
Page 1 _ City Recorder,Cit? of Tigard
Date: