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Tualatin Hills Park and Recreation District - Management and Operation of Barrows Park AGREEMENT Management and Operation of Barrows Park BFTVVEEN: City of"Tigard, an Oregon Municipal Corporation ("City") AND: Tualatin hills Park and Recreation District, (`"THPRD") A Special District DATED: ,2011 RECTTALS A. Both City and THPRD are units of local government organized under the laws of the State of Oregon. B. Tigard wishes to annex territory that includes a small portion of a developed THPRD facility,known as Barrows Park, which will cause this facility and a portion of TI-IPRD's political boundary to exist within the jurisdictional boundaries of City. The territory proposed to be annexed by the City,that is the subject of this Agreement("Annexation.Area"), is illustrated on the map attached hereto as Exhibit A and incorporated herein by reference. C. The Annexation Area is former right-of-way for Barrows Road. Barrows Park exclusive of the Annexation Area will remain within the jurisdictional boundaries of the City of Beaverton. The City of Beaverton allows THPRD to manage Barrows Park for recreational use pursuant to a 2007 agreement, which agreement will remain in effect and be complemented by this agreement. D. Both City and TITPRD wish to enter into an agreement for the management and operation of the Annexation Area, which is a portion of Barrows Park that will now exist within the jurisdictional boundaries of the City. E. Under Exhibit D to the Tigard Urban Service Agreement("YUSA"), which is an agreement that both City and THPRD have accepted as binding, City is.the designated provider of park services within its jurisdictional limits, but City and THPRD may enter into intergovernmental agreements for the provisions of park, recreation, and open space services to residents within each others' boundaries. F. Under ORS 190.010 units of local government may enter into written agreements for the performance of any or all functions that a local government is authorized to perform. AGREEMENT NOW,TI IEREFORE, the parties mutually agree as follows: 1. Rights of THPRD. City acknowledges THPRD's management of the Annexation Area,and'THPRD's continuing right to operate and maintain the facility, all of City ni'Tigwdi fl U'RD AGR UMFWT Bftmws Pali:—lbec 1 50//14-36"94018290103 4.D0C'X1TRN/a/3/2011 which may occur to the fullest extent possible under THPRD's charter and ordinances. City agrees it will not deannex the Annexation Area from THPRD. 2. Rights of City. THPRD acknowledges City's annexation has the effect of including the Annexation Area within the jurisdictional limits of City. THPRD consents to the annexation and agrees that City play enforce its charter; ordinances, and all provisions of state and federal law within the Annexation Area except as specifically provided in this agreement. 3. Conflicts in Regulations. If a situation presents a conflict between City and THPRD regulations such that enforcing both regulations would produce different results, the THPRD regulation shall control questions involving park use and enjoyment, conduct of park patrons, vehicle parking on park premises, care and maintenance of the park facility,hours of operation, and any other situation where the interests of the public in park operation are more specific and relevant than are the interests in general city governance with respect to the facility. 4. Municipal court. The proper venue for violations and crimes that occur on THPRD premises covered by this agreement shall be the Municipal Court for the City of'Figard, to the extent that Court has jurisdiction over the violation in question. 5. Applicability. This Agreement is intended to address the Annexation Area, following annexation only. The remainder of the Barrows Park facility not within the Annexation Area,remains within the jurisdictional limits of the City of Beaverton and its operations are governed by a separate agreement between TITPRD and Beaverton. 6. Term,Termination. The tern of this Agreement is perpetual unless it is terininated as provided herein, This Agreement may be terminated by either party for any reason upon six months' written notice to the other party's designated representative listed below: City of Tigard: Dennis Koellcrmcicr Public Works Director City of Tigard 13125 SW Hall Blvd. Tigard Oregon 97223, (503) 718-2596 dennis@tigai-d-or.gov THPRD: Hal Bergsma Director of Planning Tualatin Hills Park.and Recreation District 15707 SW Walker Rd Beaverton,OR 97006 (503) 645-643; hbergsnla@thprd.org City of1'1gardrr1JPtDAGRF.F PNT Bmrmrs I wk—page 2 JUU14•36714.01M 290103.4-DOMTRNJB/11201 1 •L 7. Dispute resolution. if a dispute arises between the parties,including if the parties cannot agree on an interpretation of any of its provisions, the parties shall attempt to resolve the problem by negotiation, followed by non-binding mediation, then binding arbitration. The progivssive dispute resolution process set forth under Article IX of the TUSA shall be employed to resolve disputes under this section. 8. Severability. If any portion of this Agreement is invalidated by a court of court of competent jurisdiction, such provision is deemed a separate provision, and such holding shall not affect the validity of the remaining portions of this Agreement. CITY OF TIGARD.an Oregon Municipal TUALATIN HILLS PARK AND Corporation RECREATION DISTRICT,a Spccial District By: 1 -ic,", By: TMP PD Nance: rl Name: TDou.q ►NMe o Its: fn L. Its: (zL'Ra Z6 VVIA Qa 4,� _ ignature Sr ure City ol'Tigmd/THPRD AGPEENIFMT Narrows Park-pap.3 igplJ:{G79,lNIX 34013 4.DOCXt'fRNA;3J201I 1 - 1 a MAL LAa°° ea g NEE Progress Quarry Lake Beaverton =' + I o� { LLARD pR fZ r / ANNEXATION ARFA q ti.l 7, ny U J O� � qN •, �,w b �a T NO SCALE PLOM�J WOWS Tmwa FIGURE 13125.5 A Hw BLVD.Yf7YCF. OREWN 97223 BARROWS ROAD PARK NIA • 5DJ-6J9-4171 FA7f.• 303-624-0752 FILE HC WWW.7r.4RD—OR.GOv N/A