Southside Soccer Club - Cook Park Facility Use Cook Park Facility Consent to Sublet
This agreement is made and entered into by and between the City of Tigard("City"),an Oregon
municipal corporation and the Tigard-Tualatin School District("MD"),an Oregon school district,
hereinafter collectively referred to as the"Parties."
RECITALS
WHEREAS,Southside Soccer Club("SSC")entered into an agreement("SSC Use Agreement")
with the City on October 20,2015,whereby SSC received priority scheduling of the sport fields at Cook
Park and a fee waiver;and
WHEREAS,the SSC Use Agreement specifies that SSC shall not sublet use of the sport fields
without the prior written consent of the City;and
WHEREAS,TESD desires to use the Cook Park sport fields reserved by SSC in exchange for SSC's
use of TTSD facilities and subject to the same terms and conditions of the SSC Use Agreement;and
WHEREAS,the City consents to SSCs limited ability to sublet the Cook Park sport fields to TTSD,
pursuant to the terms of this Consent.
AGREEMENT
NOW THEREFORE,in consideration of the mutual covenants and agreements contained herein,it is
agreed by and between the Parties as follows:
1. City Consent: The City hereby consents to SSC's subletting its use of the Cook Park sport
fields to TTSD,subject to the SSC Use Agreement and each of the terms,conditions,and mutual
agreements between City and TTSD set forth herein. A copy of the SSC Use Agreement is attached to
this Consent as Exhibit and remains in full force and effect as to City and SSC and as to City and TTSD
to the extent the terms do not conflict with this Consent.
2. TTSD Scheduling: In order to receive priority scheduling of the sport fields at Cook Park
and a fee waiver from the City,TTSD agrees to submit its scheduling request for the sport fields at SSC's
annual meeting with the City,as described in Section 3 of the SSC Use Agreement.
3. Non-Release of SSC: This Consent will not release or discharge SSC from any liability
under the SSC Use Agreement,or be construed as a consent to any portion of the Cook Park sport fields
being used or occupied by any party other than SSC or TTSD. Any breach or violation of any provision of
the SSC Use Agreement by SSC or TTSD,or both,shall constitute a default by SSC under the SSC Use
Agreement.
4. Indemnity.
a. TTSD agrees to indemnify,defend,and hold harmless City and its officers,employees,
elected officials,agents,and volunteers from and against any and all claims,demands,
obligations,damages,costs,liabilities,actions,and judgments(including attorneys'fees
and costs),incurred in connection with or arising from this Consent or any matters
incidentally relating thereto.
b. City agrees to indemnify and hold harmless TTSD and its officers,employees,elected
officials,agents,and volunteers 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 the gross negligence or wrongful acts or omissions of the
City and its officers,employees and agents.To the extent applicable,the above
indemnification is subject to and shall not exceed the limits of liability of the Oregon
Tort Claims Act(ORS 30.260 through 30.300).
5. Alcohol Use. Notwithstanding City policy allowing alcohol at Cook Park,TTSD Board
Policies prohibit alcohol at TTSD events and alcohol is therefore prohibited at all TTSD events at Cook
Park. The District is solely responsible for enforcement of this section.
6. Continuation/Termination of Consent. If,for any reason,the SSC Use Agreement
expires or terminates during the term of this Consent,then on the effective date of such expiration or
termination,this Consent will immediately terminate.
7. Insurance. For the duration of this Consent,TTSD shall maintain general liability
insurance coverage on an occurrence basis with a combined single limit of not less than$2,000,ODO for
bodily/personal injury and property damage,with an annual aggregate of$3,000,000. TTSD's general
liability must include contractual liability insurance. TTSD's policy shall name the City,its officers,
employees,elected officials,agents,and volunteers as additional insureds.
8. Counterparts. This Consent maybe executed in any number of counterparts,each of
which when so executed and delivered,shall be deemed an original,but all such counterparts taken
together shall constitute only one instrument.
IN WITNESS WHEREOF,the parties have executed this Consent as of the date set forth above.
CITY: CITY OF TIGARP
By: 01 / J
Name: 1 A g1 ,n ,
Title: I � li /y{"01p,Y��
TTSD: TIGAR TU TIN SCHOO (STRICT,an Oregon school district
By:
Name: 1Daut d Moo J'2
Title: LFO
Cooperative Agreement
Regarding Cook Park Facility Use
Between the City of Tigard
and Southside Soccer Club
This Agreement is made and entered into by and between the City of Tigard ("City"), an Oregon
municipal corporation and Southside Soccer Club ("SSC"), a non-profit corporation, all hereinafter
collectively referred to as the "Parties."
RECITALS
The Parties agree upon the following recitals:
A. WHEREAS, in 1998,the City entered into an agreement with Atfalati Recreation District, Inc.
("ARD"), an Oregon non-profit corporation, ("1998 Agreement")whereby ARD contributed
$150,000 towards the purchase of the Gray/Lamb Cook Park Addition ("Property") over a ten-
year period and received priority scheduling at the Cook Park fields.
B. WHEREAS,the 1998 Agreement was amended twice in April 2003 ("Second Amendment"). The
Second Amendment extended the time period in which ARD had to repay the financial
contribution to 2013, established credits against that amount for acquisition and development
of the Property,allowed ARD to apply to the City for community event grants, and allowed ARD
to operate a concession stand on the Property.
C. WHEREAS,the 1998 Agreement was amended in May 2010("Third Amendment") to assign
ARD's interest to SSC and Tigard Little League, modify the termination process, and add working
together to develop operating parameters for the use of the Property facilities as a goal of the
1998 Agreement.
D. WHEREAS, in 2013, SSC and Tigard Little League each fulfilled their obligation to repay the City
their original $150,000 contribution, for a total of$310,045.86 collectively paid to the City.
E. WHEREAS,the City terminated the 1998 Agreement, as amended, and in accordance with the
process established in the Third Amendment, in March 2013 and effective in October 2013.
F. WHEREAS,the City recognizes the historical partnership it has with SSC regarding the use and
maintenance of the sport fields at Cook Park as well as SSC's overall contribution to youth sports
in the community. The Parties,through this Agreement, wish to continue this relationship.
G. WHEREAS,the Parties wish to jointly and finally resolve all issues between them regarding the
ownership of the Property by acknowledging that the City has full ownership of the Property.
H. WHEREAS, in recognition of SSC's contributions to the City, the Parties now wish to develop a
new Agreement which reflects the relationships of the Parties, preserves SSC's priority
scheduling, and establishes the Parties' obligations regarding use of the Cook Park Sports Fields.
City of Tigard—Southside Soccer Club Cook Park Field Agreement-- 1
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is
agreed by and between the Parties as follows:
1. COOK PARK SPORT FIELDS. This Agreement shall apply to the sport fields located at Cook Park
("Sport Fields"), as more particularly illustrated in the attached Exhibit A.
2. TERM. This Agreement shall be effective upon final execution of all Parties and shall remain in
effect for a period of fifteen (15)years,ending September 1, 2030. This Agreement may be
renewed for two (2) additional five-year periods if such an amendment is mutually agreed to, in
writing, by the Parties. At the Annual Meeting prior to the expiration of this Agreement, SSC
shall meet with the City Manager or the City Manager's designee and the Parties shall
determine if they wish to renew the Agreement.
3. ANNUAL MEETING. The City will offer to SSC an optional annual meeting in November of each
year for the Parties. The purpose of the annual meeting is to discuss:
a. The dates which SSC wishes to reserve the Sport Fields ("Playing Season"), as well as
any proposed dates for tournaments. SSC may use the Sport Fields at no charge for
practices and games during the Playing Season according to the schedule approved in
advance by the City and for one tournament. Fees for additional tournaments shall be
charged in accordance with Section 9 of this Agreement.
b. Any issues or concerns related to this Agreement.
c. Proposed improvements or operational capital projects, consistent with the City's Cook
Park Master Plan.
d. The dates which the Sport Fields are available for use by SSC.
e. Other topics of mutual interest to the Parties.
4. CITY OBLIGATIONS. The City agrees to:
a. Provide garbage collection, including refuse cans and dumpsters, and electrical,water,
and sewer service to Cook Park.
b. Maintain Cook Park, including the Sport Fields, facilities, and appurtenances located
thereon at a base level. This includes, but is not limited to, mowing, watering, and
fertilizing the fields and keeping structures in good repair. SSC acknowledges that the
City's ability to provide base level maintenance is contingent upon sufficient funding, as
determined in the City's annual budget process. The City will notify SSC if the budget
process does not fund adequate maintenance for the upcoming year.
c. Consider facility improvement requests from SSC pursuant to Section 11 of this
Agreement.
d. Provide two small equipment storage rooms to be shared by SSC and Tigard Little
League.
e. Provide SSC with access to the existing outdoor electrical outlets for use during its
Playing Season.
f. Maintain sports field irrigation systems.
g. Maintain basic infrastructure (including bleachers, irrigation, dugouts, fences, etc.).
h. Maintain soccer fields, including
i. Mowing, watering/irrigating, weeding,fertilizing, applying
herbicides/pesticides.
City of Tigard—Southside Soccer Club Cook Park Field Agreement-- 2
ii. Annual field reconditioning including fertilizing, seeding, applying a top
dressing,and aerating.
iii. Repairing, maintaining, and replacing the metal structures for goals.
5. SSC OBLIGATIONS. SSC agrees to:
a. Submit field reservation requests to the City prior to December 1 for Sport Field
reservations for the upcoming year.
b. Line the fields weekly during the Playing Season.
c. Supply nets for goals during the Playing Season.
d. Collect and dispose of litter in designated trash receptacles after SSC's use of fields,
especially after games.
e. Bring any requests, issues or feedback to the attention of the City Manager or the City
Manager's designee so the items may be placed on the agenda for the Annual Meeting.
f. Comply with all current Park Rental and Use Regulations and the City's annual Park
Calendar in effect at the time the reservation was made.
g. Maintain its account in good standing. SSC agrees that failure to keep its account with
the City in good standing may result in cancellation of reservations and inability to make
future reservations.
h. Ensure that the Sport Fields are in substantially the same condition after SSC's use as it
was before. SSC will be financially responsible to City for the costs of repairs
necessitated by SSC's use of Cook Park, but not including normal maintenance resulting
from everyday wear-and-tear.
6. SPORTS FIELD AND FACILITY CLOSURES. The City may, at its sole discretion, close Cook Park or
any facilities therein, including Sport Fields, if the condition of the facilities is rendered
unsuitable for its intended purpose, unsafe, or if the use of the facility will create conditions
which will render the facility unsuitable for use in the future. SSC will not use the Sport Fields
for practice or games before the City has opened the Sport Fields or after the City has closed
the Sport Fields for the season or on dates the City has closed the Sport Fields due to field
condition. Generally,the Sport Fields will not open prior to March 1 and will close October 31.
7. CONCESSION STAND.The City authorizes SSC to operate one concession stand during its Playing
Season. The City shall approve the type and placement of any concession stand or temporary
structure. The existing concession stand has been designated for use by SSC during its Playing
Season. SSC agrees that it will adhere to all applicable state and local laws and codes and will
obtain all necessary permits. The City Manager, or the City Manager's designee may,at his or
her sole discretion, revoke the authority of SSC operate a concession stand at Cook Park.
8. PRIORITY USE OF SPORT FIELDS.
a. SSC shall have priority in scheduling the Sport Fields for requests submitted prior to
December 1 of the previous year. Scheduling requests must be made to the City on the
City's Field Use Application form.
b. SSC shall only submit a scheduling request to the City for SSC's actual, planned field use
for practices,games, and rain delays. SSC shall not request additional use of the Sport
Field above SSC's projected actual usage.
c. SSC's priority scheduling is subject to compliance with all current Park Rental and Use
Regulations in effect at the time the reservation was made or at the time the rental
takes place.This includes having an account in good standing.
City of Tigard—Southside Soccer Club Cook Park Field Agreement--3
d. Within the Park Rental Season,SSC acknowledges that the City is free to rent Cook Park
sport fields and facilities to other park users when those fields and facilities have not
been rented by SSC.
e. SSC shall notify the City as soon as practicable of any days which SSC had reserved and
which it will not need. Upon notice to the City,SSC releases its reservation for that
scheduled time.
f. At the Annual Meeting, SSC will provide the City with a schedule of preferred days and
times for the City to conduct renovations of the Sport Fields.The City will make a good
faith effort to accommodate the preferred dates, but has sole discretion over closures,
including but not limited to Sport Field closures for renovations. In the event the City
must close a field for emergency repairs on a day which has been reserved by SSC, the
City shall provide notice to SSC as soon as practicable. The City is not liable for any
damages as a result of the cancellation.
g. Notwithstanding SSC's priority scheduling, City sponsored events shall have priority for
the use of Cook Park, including all fields, parking lots, and covered structures. The City
will attempt to avoid scheduling City events on the dates SSC has reserved the Sport
Fields if doing so will exceed the capacity of Cook Park.
9. TOURNAMENTS.
a. SSC may schedule one tournament each season at no cost. The date(s)for the
tournament must be submitted with the reservation for the regular season. In the event
the date of the tournament needs to change,SSC will notify the city as soon as practical
and the city will accommodate the date change based on field and park availability.
b. SSC will comply with the current Park Rental and Use Regulations for all tournaments,
at the time the application is made
c. Additional tournaments may be requested at any time during the season using the
City's reservation forms. SSC will be charged a tournament fee and SSC's request will
be approved based on field and park availability.
d. All fees due, and other requirements such as insurance, must be paid 30 days in
advance of the tournament or the tournament will be cancelled.
10. PROGRAM OPERATION. SSC is responsible for the cost and operation of its programs. SSC is
not eligible for City grant funds or subsidies for program operating expenses or tournaments
held as part of a regular season. Notwithstanding, SSC may request special event funds for
regional,state, or national tournaments held outside of SSC's regular season. Requests for
special event funding must follow the City's application process.
11. FACILITY IMPROVEMENTS. SSC may request facility improvements by the City at any time. The
City will consider the requested improvements on a case-by-case basis and will consider such
factors as whether the improvement is consistent with the Cook Park Master Plan, whether
funds are available, and whether the improvement will be included in the Parks Division budget
request for the upcoming year.
12. TIGARD MEMBERSHIP. SSC agrees that the majority of its participants are residents of the City
of Tigard. Upon request by the City, SSC shall provide evidence of such to the City. Failure to
provide such documentation to the City or failure to maintain a majority of Tigard residents as
participants is a breach of this Agreement and grounds for termination pursuant to Section 17
of this Agreement.
City of Tigard—Southside Soccer Club Cook Park Field Agreement--4
13. MUTUAL RELEASE OF CLAIMS. SSC acknowledges that the City is the sole owner of the
Property. The Parties forever waive, release, and covenant not to sue another Party, heirs,
executors, assigns, agents, and employees with regard to any and all claims, damages, and
injuries of whatever nature, whether presently known or unknown, arising out of the subject
matter of the ownership interest in the Property or Sport Fields, or which could have been filed
in any action or suit arising from said subject matter.
14. INSURANCE. SSC agrees to comply with all City insurance requirements in effect at the time
the reservation was made or at the time the rental takes place. SSC will maintain, in full force
and effect during its Playing Season, insurance that meets the City's requirements for sport field
rentals. Failure to maintain adequate insurance shall be grounds for the City to deny
reservations to SSC, or cancel existing reservations, and may be grounds for termination of this
Agreement.
15. INDEMNIFICATION. SSC agrees to indemnify, defend, and hold harmless the City and its
officers, agents, employees, and volunteers against all liability, loss, and costs arising from
actions, suits, claims or demands attributable in whole or in part to the acts or omissions of SSC
and SSC's officers', agents', and employees' use of Cook Park.
16. DISPUTE RESOLUTION.
a. If a dispute arises between the City and SSC regarding this Agreement, the Parties shall
attempt to resolve the dispute first through an in-person meeting between the City
Manager or the City Manager's designee and an official representative of SSC. The
Parties may have legal assistance at any of the meetings in this process.
b. The Parties may agree to mediate at any stage of the dispute resolution process.
c. The informal dispute resolution steps in subsection a. above are required prior to either
Party pursuing arbitration or a court action.
17. TERMINATION OF AGREEMENT.
a. At any time, the Parties may mutually agree to terminate this Agreement.
b. If SSC breaches this Agreement and fails to cure the breach within sixty(60) calendar
days' notice from the City, the City may terminate the Agreement immediately
following the time to cure.
c. If at any time SSC ceases to be a Tigard-based non-profit, primarily benefiting Tigard
youth, this Agreement shall immediately terminate.
d. Any reservations on the books after the date of termination of this Agreement shall be
void. In the event TLL wish to use any Sport Field or facility following termination of this
Agreement, they may do so pursuant to the City's Park Rental and Use Regulations.
18. INABILITY OF CITY TO SATISFY OBLIGATIONS. In the event City is unable to satisfy its obligations
pursuant to Section 4 of this Agreement for an extended period of time, whether due to
budgetary constraints, natural disaster, or other unforeseen circumstance, City shall notify SSC
in writing. Within 60 days of such notice, the Parties shall meet to determine an appropriate
response. City and SSC agree to negotiate an outcome in good faith.
19. AMENDMENTS. Amendments to this Agreement must be made in writing and approved by all
Parties.
City of Tigard—Southside Soccer Club Cook Park Field Agreement -- 5
20. NO PARTNERSHIP. The City and SSC are not partners or joint venturers. None of the parties is
responsible for the actions of the others in the use of City property or facilities.
21. NON-ASSIGNMENT.This Agreement may not be assigned by any of the Parties without written
consent of the other Parties.
22. NO SUBLETTING. SSC shall not sublet use of the Sport Fields without the prior written consent
of the City.
23. NON-DISCRIMINATION. The Parties agree to comply with all applicable requirements of federal
and state civil rights and rehabilitation statues, rules, and regulations. Parties also shall comply
with the Americans with Disabilities Act of 1990, ORS 659A.142,and all regulations and
administrative rules established pursuant to those laws.
24. AUTHORITY TO EXECUTE.The City and SSC respectively represent that the person signing this
Agreement has authority to do so, that the Parties had the opportunity to seek legal counsel
regarding this Agreement,and that the Parties understand their responsibilities and obligations
under the Agreement.
25. ENTIRE AGREEMENT. This Agreement incorporates by reference Exhibit A attached hereto as
part of this Agreement and constitutes the entire agreement between the Parties.
26. SEVERABILITY. The Parties agree that, if any term of this Agreement is declared by a court to be
illegal or in conflict with any law,the validity of the remaining terms will not be affected.
27. NOTICES. The Parties must send any notices, invoices, or other written communications
required by this Agreement through the United States Mail, first-class postage paid, electronic
mail ("e-mail'),or personally delivered to the addresses below. SSC is responsible for notifying
the City of any changes to the addresses below within seven (7) calendar days of the change.
The City is not responsible for any communications not received by SSC as a result of failure to
maintain to current addresses.
Mailing Address: Southside Soccer Club
City Manager Yvonne Sera
13125 SW Hall Boulevard PO Box 230169
Tigard, OR 97223 Tigard, OR 97281
E-mail: marty@tigard-or.gov E-mail: president@southsidesoccer.org
Signature page to follow.
City of Tigard—Southside Soccer Club Cook Park Field Agreement-- 6
APPROVED BY:
CITY Southside Soccer Club (SSC)
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City of Tigard—Southside Soccer Club Cook Park Field Agreement--7
Date/Time
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New Records Transmittal Form
Department: City Management Account: 1000 Date: October 27, 2015
Prepared by: Extension: 2476
Joanne Bengtson
Description: Date: Retention Retention Record Series
From - To Code: Period: Title:
Southside Soccer Club 10/27/15 - 166-200- 6 years 166-200-0265 (3)(c )
Cook Park Field 9/1/2030 0265(3)(c) after
Agreement expiration: Contracts
9/2036 Contracts document the
solicitation, negotiation and
purchasing goods and
services for cities and
employees.
(3) Contracts and
Agreements (166-200-
0135(4); 166-200-0120(8))
—Minimum retention:
(c) All other contract
records, retain 6 years after
expiration.
TO BE COMPLETED BY RECORDS DIVISION STAFF
Received by: Date Medium:
Received:
Clerk's Index: Date of Copy Sent To:
Yes ❑ No ❑ Entry: Date:
rev. 1/30/07)
ASSIGNMENT AND THIRD AMENDMENT OF AGREEMENT BETWEEN
THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT,INC
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THIS ASSIGNMENT AND THIRD AMENDMENT is made effective theVak day of , 201D,by
and between the City of Tigard an Oregon municipal corporation (the "City"), and Southside Soccer,
previously known as Tigard Soccer Club, ("Southside"), and Tigard Little League ("Tigard LL"),
previously known together as Atfalati Recreation District, Inc., an Oregon nonprofit corporation
("ARD"), collectively known as the "Parties", pursuant to that certain agreement between the City and
ARD dated February 2, 1998, as amended by the parties effective April 22, 2003 (the"Agreement").
RECITALS
A. The Agreement sets forth the respective rights and obligations of the parties with regard to
the Gray/Lamb Cook Park Addition(the"Property").
B. The Parties amended the Agreement related to the Property,on April 22,2003.
C. ARD has ceased to exist, but its members Southside Soccer and Tigard LL, are
acknowledged in the Agreement as Parties thereto.
D. The City, Southside, and Tigard LL desire that Southside and Tigard LL assume ARD's
rights and responsibilities under the Agreement, pursuant to the Agreement Section 16.
Entire Agreement, and Section 18. Anti-Assignment, both sections of which required prior
written authorization for assignment.
E. The Parties wish to amend Section 15. Ten Year Review and Termination of Agreement, and
Section 4. Goals of the Agreement.
F. By this Assignment, the Parties consent to assign to, and Southside and Tigard LL
("Assignees") consents to accept, ARD rights and responsibilities under the Agreement, and
to amend Section 15 and Section 4 of the Agreement, as set forth below.
ASSIGNMENT AND THIRD AMENDMENT
1. ARD hereby assigns to Southside and Tigard LL all of its rights and responsibilities under the
Agreement, including but not limited to all control, use, financial and other rights and responsibilities
related to the Property as set forth in the Agreement.
2. The provisions of this Assignment supercede and take precedence over any and all inconsistent
provisions of the Agreement. Except as assigned hereby and herein, the Agreement is restated and
reaffirmed by the Parties hereto.
3. Section 15 is hereby amended as follows:
"Section 15. Termination. This Agreement shall be extended to October 1, 2008, and shall
automatically renew each year unless one or all of the Parties provides in writing six months prior to
October 1 of each year,their intent to withdraw from or modify this Agreement."
4. Section 4 is hereby amended as follows:
"Section 4. Goals.
g. To work together to develop operating parameters for the use of the Property
facilities."
IN WITNESS WHEREOF,this Assignment and Third Amendment has been executed and made
effective by the Parties as of the date first written above.
CITY OF T ,ACRD:
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SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT, INC.
THIS SECOND AMENDMENT is made and effective the 7,Z day of ,
2003, by and between The City of Tigard, an Oregon municipal corporation (the "City")
and Atfalati Recreation District, Inc., an Oregon nonprofit corporation ("ARD"). This
Second Amendment is to that certain agreement between he C.ty and ARD dated
February 2, 1998, as amended by the parties effective ZZ, 2003 (said
agreement, as amended, is referred to as the "Agreement'l.
Recitals
A. The Agreement sets forth the respective rights and obligations of the parties with
regard to the Gray/Lamb Cook Park Addition (the "Property") in which each party holds
an ownership interest.
B. The City and ARD have previously amended Section 9 of the Agreement.
C. By this Second Amendment the parties intend to further amend the Agreement to
provide for the installation of, and credits for, certain improvements to the Property and
to clarify the payment obligations of ARD pursuant to the Agreement.
Amendment
1. Section 1 of the Agreement is deleted and replaced by the following section and
subsection:
"1. Purchase of Real Property. ARD agrees to pay to the City in
consideration for ARD's ownership interest in the Property a purchase price for the
Property in an amount, and in accordance with the schedule, set forth on Exhibit A to the
Second Amendment of this Agreement(the "Purchase Price"). ARD shall receive credits
against the Purchase Price as follows: (i) $12,500 upon completion by ARD of the
purchase and installation on the Property of portable backstops, goals, benches, bases,
pitching mounds, field lining and other improvements agreed upon by the parties; (ii)
$7,000 upon installation by ARD of safety devices to prevent fly balls from traveling into
the parking lot on the Property; (iii) $30,000 upon replacement by ARD of backstops and
dugouts on the Property existing at the date of the Second Amendment of this
Agreement; and(iv) $15,000 as a one-time total credit for scholarships given by ARD
that benefit the community.
"1.1 Application For and Potential Award of Grants. ARD may
apply to the City in each of the ten(10) consecutive fiscal years, commencing with the
2003-2004 fiscal year, for community event grants in the amount of$5,000 per fiscal
year. ARD agrees that any and all grant funds obtained pursuant to such applications will
be applied by ARD as payments to the City to reduce the Purchase Price."
0
2. Effect of Second Amendment. The provisions of this Second Amendment
supercede and take precedence over any and all inconsistent provisions of the Agreement.
Except as amended hereby, the Agreement is restated and reaffirmed by the parties
hereto.
IN WITNESS WHEREOF, this Second Amendment has been executed and made
effective by the parties as of the date first above written.
CITY OF TIGARD, ATFALATI RECREATION DISTRICT,
an Oregon municipal corporation INC., an Oregon nonprofit corporation
By: WiLuAm A. MoNAHAN By:
Its: CITY MANAGER Its: ( Crc
L FIt4V4MuSjAtf,I l ks)ARD P,Nn [Schedule k2
PAYMENT IS FOR NET AMOUNT INCLUDING INTEREST. PAYMENTS ARE PER THE ARD
PROPOSED PAYMENT SCHEDULE AND EXTENDED OUT TO 2013. A CREDIT FOR$65,000 IS GIVEN
FOR ITEMS REQUESTED PER LETTER FROM ARD TO ED WEGNER.
Atfalati Recreation District-Tigard Little League&SouthSide Soccer Club
Repayment of Expenditures for Cook Park Improvements
Less
Amount Payments Payments Payments Payments Payments Payments Payments Payments Payments Payments Payments Total
Balance at Credited for Net Balance at Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Proposed
Proposed Payments July 31.2002 ARD Impmvments July 31,2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 FY 2012 FY 2013 Payments
Land Purchase-Original$150K s1 $ 60,000.00 $ - $ 60.000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $ - $ - $ - $ - $ - $ - $ - $- - 60,000.00
(No interest to be charged)
Sponfield Impmvements(Principal&interest) t2 S 37,562.00 (8,450.00) $ 29,112.00 - 1,931.39 2,160.19 2,449.63 4,582.18 4,462.58 4,511.32 4,375.29 4242.70 4,080.59 3,601.54 $ 36,417.41
Grading,Irrigation,and Seeding
Concession Stand&Resuoonn(Principal&interest) u $ 256,000.00 (56,550.00) $ 199,450.00 12,925.47 14,456.67 16,393.64 30,665.33 29,998.78 30,191.16 29,280.75 28,393.47 27,308.58 24,102.63 $ 243,716.48
Sub Total=f203 $ 293,562.00 (65,000.00) 228,562.00 14;856.86 16,616.86 18,843.27 35,247.51 34.481.36 34,702.48 33,656.04 32,636.17 31,389.17 27,704.17 $ 280,133.89
Total payments=01.12.112 $ 353,562.00 S (65,000.00) $ 288,562.00 _LI5.000.00 _I 29,856.86 $31,616.86 $33,843.27 $35,247.51 $34,481.36 $34,702.48 133,656.04 132.636.17 S 31,389.17 $ 27,704.17 $ 340,133.89
-Balance includes payment of$40.000 made by sport clubs
on July 10,2002.
Debt
Payment schedule was set up to reflect proposed principal payments plus calculated INTEREST Date Principal Coupon Interest Service
interest per fiscal year.The method used to divide payments between Field Rates same as
Improvements and Concession Stand/Restroom was the percentage of each Item OECDD Loan 11/012003 0 3.000100% 0.00 0.00
divided by the total amount(13%&67%). 11/012004 8,000 3.00000% 6,856.66 14,856.86
11/012005 10,000 3.00000% 6,616.86 16,616.86
11/012006 12,000 325000% 6,843.27 18,84327
11/012007 28,000 3.65000% 7,247.51 35,247.51
11/012008 28,000 3.80000% 6.481.36 34,481.36
11/012009 29,000 4.00000% 5,702.48 34,702.48
11/012010 29.000 4.10000% 4,656.04 33,656.04
11/012011 29,000 4.30000% 3,636.17 32,636.17
11/012012 29,000 4.30000% 2.389.17 31,389.17
11/022013 26,562 4.30000% 1,142.17 27,704.17
Savings per payment plan
from ARD(TLL,SSSC)and 228,562 51,571.87 280,133.89
list of items ARD will spend -
money on at Cook Park. ($65,000)
FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 Payments
ROPOSED PRINCIPAL PAYMENTS FROM ARD
ITLL&SSSC) 53,500.00 15,000.00 23,000.00 25,000.00 27,000.00 28,000.00 28,000.00 29,000.00 29,000.00 29,000.00 - 286,500.00
Actual Paid
FY 2002&2003
Paid 4/29102-Land Payment 15,000.00
Paid 1128/01&12111/01-SSSC&TLL 10,000.00
Paid 7110102-ARD-for Southside Soccer Gub 40,000.00
Total 65,000.00
1�
x
AMENDMENT TO AGREEMENT DATED FEBRUARY 2, 1998
BETWEEN THE CITY OF TIGARD AND
ATFALATI RECREATION DISTRICT, INC.
This Amendment is made between the City of Tigard, an Oregon municipal corporation
("City") and Atfalati Recreation District, Inc. (ARD) and amends the agreement between
them dated February 2, 1998.
RECITALS
a. City and ARD entered into an agreement dated February 2,.1998, concerning the
respective rights and obligations of the parties in the Gray/Lamb Cook Park Addition(the
Property), in which each party has an interest.
b. Section 9 of the 1998 Agreement contains provisions relating to improvement in
the park,including a"snack shack."
C. The parties wish to clarify their respective rights and responsibilities relating to
the sale of items at the park by amending Section 9 of the 1998 Agreement as set forth
below.
AGREEMENT
I. Section 9 of the 1998 Agreement is amended to read as follows:
9. Improvements and Concession Stand.
a. ARD may make temporary or permanent improvements to the
Property only with permission of the City Public Works Director consistent with
the Plan and City financial processes. All improvements to the Property shall be
constructed consistent with all local and state legal requirements. All
improvements are the property of the City.
b. The parties agree that ARD shall operate the concession stand on
the Property under the terms detailed in the attached Exhibit A,which is
incorporated by this reference.
2. All provisions of the 1998 Agreement other than Section 9 remain in full force
and effect. The 1998 Agreement, as amended, is not an agreement for the purchase or
sale of goods or,services.
CITY OF TIGARD ATTEEC LTIONDISRICT, INC.
By: WILLIAM A. MONAHAN BY: To r 66
Its: CITY MANAGER Its: om fkry
EXHIBIT A
TERMS OF CONCESSION STAND OPERATION
1. ARD, in the exercise of ownership interest in the Property, may operate the
existing concession stand on the Property. ARD may contract with one or more
appropriately licensed service providers to operate the concession stand.
2. In order to preserve the Property and the City's interests in the Property, ARD
shall be responsible for clean-up and litter removal associated with the concession stand.
ARD may place litter in City waste bins on the Property.
3. In order to allow clean up of the Property, the concession stand shall close one
hour before dark.
4. ARD's right to operate the concession stand is limited to a right to sell items
consistent with.the purpose of the operation of the Property. ARD may sell food,non-
alcoholic beverages, snacks, apparel, souvenirs, and other similar small items at the
concession stand. ARD shall not sell or otherwise provide any tobacco products,
alcoholic beverage, or food with alcoholic content at or from the concession stand.
5. Because the concession stand is City property, the City must approve the location,
size, and appearance of all signs within or on the concession stand.
6. ARD is responsible for the maintenance,repair and upkeep of all equipment
installed and/or operated by ARD or its contractor within the concession stand. ARD
shall not install any equipment on the Property without the prior written approval of the
City. The City is responsible for the maintenance, repair and upkeep of all equipment
installed by the City or its contractors. ARD shall be liable to the City for any damage to
City property caused by ARD or its contractor(s). ARD shall be responsible for cleaning
plugged sewer lines in and from the concession stand unless the plugged condition is the
result of faulty installation or design.
7. No modification to the structure of the concession stand shall be made without
approval of both parties. Repair shall not be considered a modification for purposes of
this section. The City may repair the structure without approval of ARD, but shall
consult with ARD concerning any repair.
8. The concession stand is currently connected to electric, water, and sewer. ARD
shall be responsible for payment for utility services for the concession stand.
9. In the exercise of its ownership interest in the Property, ARD may also engage in
sales of food,beverages, noelties:and apparel at other locations on the Property. This
provision does not create:any Fight to construct a structure on the Property. ARD may
exercise this right through contractors or.licensees.
r'fii
10. ARD is not an agent, partner, or joint venturer of the City for any purpose. Both
parties have an interest in the Property and this agreement is intended solely to govern
one aspect of their respective rights and interests in the property.
11. ARD shall defend, hold harmless and indemnify City, its officers, agents and
employees from all claims, suits, or actions, and all expenses incidental to the
investigation and defense thereof, related to, or alleged to relate to, ARD's or its
contractor's operation of the concession stand. If any aspect of this indemnity shall be
found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall
not affect the validity of the remainder of this indemnification.
12. ARD shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract and provide certificates of insurance to the City
demonstrating the coverage required by this section. Such insurance shall cover all risks
arising directly or indirectly out of operation of the concession stand, including the
operations of any contractors of any tier, with coverage of at least $1 million per
occurrence and $2 million aggregate. The insurance shall include provisions that such
insurance is primary insurance with respect to the interests of City and that any other
insurance maintained by City is excess and not contributory insurance with the insurance
required hereunder. The City shall be listed as an additional insured. If the insurance is
arranged on a"claims-made"basis, ARD shall obtain Extended Reporting coverage for a
duration of 24 months after ARD ceases to operate the concession stand. ARD shall not
cancel or materially change insurance coverage without 30 days written notice to the
City. The insurance policy shall include a cross-liability clause or separation of insureds
clause. The procuring of required insurance shall not be.construed to limit Section 12.
13. ARD shall comply with workers compensation laws and shall require its
contractor(s) to do so.
14. All conditions required to be in an agreement of this type by ORS Chapter 279,
including the provisions required by ORS 279.310 through 279.316, ORS 279.320 and
ORS 279.334 through 279.380 are incorporated herein as though fully set forth herein,
and ARD and its contractor shall comply with all applicable substantive provisions of
those statutes. The parties have concluded that these requirements do not apply to this
contract. However, should an administrative agency or court with jurisdiction decide
otherwise, ARD shall hold the City harmless from any and all claims, penalties or
damages resulting from failure to include comply with any provision of ORS Chapter
279.
• CITY OF TIGARD,OREGON
ORDINANCE NO.98-02
AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE ATFALATI RECREATION
DISTRICT, INC. AND THE CITE' OF TIGARD AND AUTHORIZING THE CITY MANAGER TO
SIGN THE AGREEMENT ON BEHALF OF THE TIGARD CITY COUNCIL
WHEREAS, on July 22, 1997, the Tigard City Council, upon a motion and voice vote, approved the
proposed Agreement between Atfalati Recreation District,Inc.and the City of Tigard,and
WHEREAS,the Atfalati Recreation District President has signed the said Agreement,and
WHEREAS, Section 20 of the said Agreement provides that the Agreement shall be approved by an
Ordinance of the Tigard City Council.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby approves the Agreement between Atfalati Recreation
District,Inc.and the City of Tigard incorporated herein as"Exhibit A."
SECTION 2: The Tigard City Council hereby authorizes the City Manager to sign the Agreement
between Atfalati Recreation District,Inc.and the City of Tigard.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
PASSED: By U&I yl i m0I43 vote of all Council members present after being read by number and
title only,this' day of , 1998.
Catherine Wheatley,City Recor e
APPROVED: By Tigard City Council this a� day of 1' 998.
J icoli,Mayor
Appr ed as to f
City Attorney
2- 7.1f
Date
is\admlcathylcouncil\atfalord.doc
ORDINANCE No.98-()2-
Page1
AGREEMENT
The City of Tigard, an Oregon municipal corporation ("City"), has purchased real property
defined as the Gray/Lamb Cook Park Addition ("Property") as more particularly described in the
attached Exhibit "A", for the sum of$300,000 and the Atfalati Recreation District, Inc., an Oregon
non-profit corporation ("ARD"), will be contributing the sum of$150,000 towards the purchase of
the Property as hereinafter set forth. The purpose of this agreement is to set forth the obligations,
rights, and responsibilities of the parties concerning the purchase of the Property, development of
the Property, improvements to the Property, maintenance of the Property, and use of the developed
fields and the related facilities with this expansion of Cook Park in Tigard, Oregon.
The City and ARD (and its members Tigard Soccer Club [TSC] and Tigard Little League
[TLL]) have an arrangement at present whereby TSC and TLL have priority during their seasons
for the use of the soccer fields and baseball/softball fields at the present park. The purpose of this
agreement is to acknowledge the equity position that ARD will have in the Property being
developed and that TSC and TLL will have a priority for the use of the developed Property during
their seasons and to acknowledge that TSC and TLL will continue to have priority on the existing
ball fields and soccer fields during the development of the Property. The purpose of this agreement
is not to reduce the present use that TSC and TLL have in the existing fields, nor is it to give
additional benefit as to use of the existing fields, but merely to acknowledge present use and
provide for future use of the developed Property.
Page 1 - AGREEMENT
The purpose of this agreement is to also allow for the consolidation and coordinated use of
the present baseball/softball facilities at Cook Park, the existing soccer facilities at Cook Park and
the facilities to be developed on the Property. The cooperative efforts between the City of Tigard,
ARD, and the various recreational organizations that use the present facilities and the facilities to be
developed is desirable to maximize the use for existing organizations and future organizations.
The parties agree as follows:
1. Purchase of Real Property. The present members of ARD, TSC and TLL agree to
pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase
price of the Property for a total payment of $150,000. ARD shall have the right to prepay its
obligation at any time. The TSC and TLL are presently assessing their members a per-player fee to
fund this purchase. To the extent that there are assessed funds that have been collected by ARD for
this purchase in excess of$15,000 per year, ARD agrees to place these funds in a separate account
(the Fund), and said funds shall be used upon agreement between the City and ARD as to the use of
these funds for purchase, development, improvement and maintenance of the Property. The first
payment shall be due August 1, 1997, and each payment thereafter shall be due on May 1 of each
year until the entire $150,000 is paid.
The City and ARD recognize that ARD is soliciting additional members to its organization.
It is agreed that should additional ARD members use the Property, they shall be assessed for the
use of the Property and funds assessed shall go into the Fund provided for herein. It is further
Page 2 - AGREEMENT
0 . 0
anticipated by the City and ARD that there will be other uses for the fields to be developed on the
Property and users fees charged and collected by the City and that the City will place these funds in
the development fund for the Property until the Management Committee ("Committee"), as
defined in Paragraph 2, has determined that the development called for in the 1997 Revised Cook
Park Master Plan ("Plan") has been substantially completed. At that time, the use of these user
fees shall be renegotiated between the City and ARD. .
2. Management Committee ("Committee". The Committee shall consist of two (2)
City officials appointed by the City Council for the City, and two ARD representatives, one from
TSC and one from TLL, appointed by their respective boards. With input from City staff and the
boards, the development and improvement of the Property shall be the responsibility of the
Committee within the confines of the City budget and funds becoming available from various
sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the
Property. Tigard's Department of Public Works shall be responsible for maintenance of the
facilities.
3. Mediation of Disagreements. The City and ARD agree that they will mediate any
disagreements (including those arising in the Committee) between them and will immediately
engage the services of a mediator to resolve their differences with reference to development,
improvement, maintenance and use of the Property. Both parties acknowledge that they may have
differences and agree in good faith to mediate and resolve all disputes having in mind the protection
of the fields and the use of the fields by the maximum number of participants in the City and the
Page 3 - AGREEMENT
surrounding area. The mediation shall be by agreement in a form per the attached agreement which
is attached hereto as Exhibit "B."
4. Goals. The parties agree to the following goals:
a. To provide an area that can be used by a large number of people for other
City events such as the July 4 celebration and Tigard Festival of Balloons.
b. To provide additional soccer and baseball/softball fields for TSC and TLL
and other Tigard based youth and adult soccer and baseball/softball leagues
as well as providing these fields to the public (which may be on a fee basis).
C. To maintain all fields at Cook Park at a high quality by limiting their use by
rotation, and provide increased maintenance.
d. To attract large tournaments and other recreational uses for the Tigard
community. A portion of the income from the proceeds would be used to
maintain the fields.
e. To have fields in the city available to the general public for general
recreation.
f. To accomplish the first five goals with limited taxpayer money, but working
with the City to share parking, utilities, and combining the strengths of the
park and the fields.
5. Construction of Fields and Related Facilities. Subject to the availability of funds
ARD will construct appropriate fields on the Property. If the City builds additional facilities at
Cook Park,this Agreement may be modified to include the use and operation of those facilities.
Page 4 - AGREEMENT
The City and ARD agree that the improvements identified in the Plan for the development of the
Property benefit the TSC and TLL as well as the general public as a whole. Development and
improvement to the Property directly related to ARD and its membership leagues; i.e. playing
fields and parking (a percentage to be determined), and snack shacks (and the playground to service
the field) are the responsibility of ARD. The City shall be responsible for those improvements that
primarily serve the general public; i.e., playing fields and parking (a percentage to be determined),
restrooms and pathways. The above are examples and other development projects on the Property
will be shared on a negotiated percentage basis between the parties.
6. Provision of Services to Property. City will provide electrical service, garbage
collection (including refuse cans and dumpsters), water and sewer service to Cook Park as
developed and expanded. City will provide ARD with access to the electrical panel for the sports
fields during the recognized season in return for reimbursement, according to a schedule established
by the City.
7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of
Public Works shall be responsible for a base level of maintenance for the sports fields such as
mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes
a higher level of maintenance on the sports fields and related facilities than the City is providing,
then ARD may either provide such maintenance (with approval of the City) and be responsible for
the cost, or it may negotiate these services and costs on an annual basis with the City.
8. Maintenance and Repair of Facilities. During the recognized TSC and TLL
seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City and
Page 5 - AGREEMENT
0 0
keep the Property in a clean and safe condition. ARD shall be responsible for lining all sports
fields. Whether fields are suitable for play on a day-to-day basis shall be the sole decision of the
City's Public Works Director or designee. The City shall require any other user of the Property to
leave the Property in good condition and repair, including removal of litter and debris from the
Property when the use is completed. The City and ARD recognize a use of the fields is a resting
period for the fields, and that this resting and rejuvenation period for the fields is to be considered
as a use of the fields when determining other uses of the fields.
9. Improvements. ARD may make temporary or permanent improvements to the
Property only with permission of the City Public Works Director consistent with the Plan and City
financial processes. The City gives permission to ARD to provide a snack shack for ARD sales
operation during the TSC and TLL recognized seasons. The City shall approve the type and
placement of any improvement, including a snack shack, and shall receive funds to cover the cost
of electricity to service the snack shack or actual cost as determined each year by the City's Public
Works Director. All improvements to the Property shall be constructed consistent with all local
and state legal requirements. Any improvement is the property of the City. Upon completion of
the Plan, the City shall adopt a financial plan to fund its obligations under this Agreement.
10. Priority in Use of Sports Fields. The City has the right to schedule community
events in Cook Park. The City and the Committee recognize that ARD has priority to use the
sports fields for conducting TSC and TLL activities during the appropriate recognized TSC and
TLL seasons. This priority of use allows ARD first option to use the sports fields and related
facilities during TSC and TLL recognized seasons. Other persons or entities desiring to use the
Page 6 - AGREEMENT
0 0
Property for any purpose during the recognized seasons would have secondary priorities.
Community events may preclude use of sports fields and related facilities by ARD; prior to
scheduling these events the Committee shall be consulted.
11. Scheduling Other Uses of Property. ARD shall provide the Committee with a
schedule of days and times of use and suggestions for field rejuvenation prior to February 1 of each
year. The City shall schedule ARD reservation for the Property and review and schedule ARD's
requests for other City fields. Reasonable use of the Property by other users consistent with ARD
recognized TSC and TLL seasons, will be scheduled by the City utilizing a permit process.
12. Insurance. ARD and/or the specific member will maintain, in full force and effect
during the term of this Agreement public liability and property damage insurance, including bodily
injury, property damage, and personal injury insurance, covering ARD's and/or its member
league's sponsored activities on the Property during the recognized sports seasons. This insurance
shall cover all claims which might arise from operations and activities under this Agreement or
pertaining to ARD's and/or its member league's activities directly and shall carry the City as an
"Additional Insured."
The insurance policy will be with a carrier allowed to transact business in Oregon. The
policy of insurance maintained by ARD and/or its member league shall provide at least the
following limits and coverages: General Liability and Property Damage and shall have a minimum
liability of one million dollars for any one occurrence. ARD's and/or its member league's
insurance policy shall contain provisions that such policy shall not be canceled or their limits of
liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARD
Page 7 - AGREEMENT
and/or its member league shall provide the City with Certificates of Insurance in a form satisfactory
to the City certifying the issuance of such insurance. The Certificates shall be forwarded to: Risk
Manager, City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon, 97223. Such certificates must be
delivered prior to commencement of the terms of this Agreement.
The procuring of such required insurance shall not be construed to limit ARD's and/or its
member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member
league shall be obligated for the total amount of any damage, injury, or loss caused by negligence
or neglect connected with this Agreement.
13. . Cooperation in Parks Planning. City has and will continue to involve the
community in the planning for Cook Park, and design and construction of improvements to the
Property. The City, TSC, TLL, neighbors and others have participated as members of the Cook
Park Task Force. Through their efforts, and that of a consultant, the Plan has been developed.
Public meetings have been held throughout the process. In the future, City will give notice of
public meetings regarding its parks planning process, when revisions to the Plan are under
consideration.
14. Term. This Agreement becomes effective on the date it is signed by both parties
and will continue for a ten(10) year term which shall begin on August 1, 1997.
15. Ten Year Review and Termination of Agreement. Within a one-hundred and
twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten (10)
year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and
modify or terminate the Agreement if both parties determine that such a modification or termination
Page 8 - AGREEMENT
is in the public interest. If at any time the Agreement is terminated and the property remains
available for active recreational use by ARD, or the Property becomes unusable for recreational
purposes, then no remuneration is required for either party. If at any time the Agreement is
terminated and the Property will be unavailable for ARD use as outlined in this Agreement, then
the City will either dispose of the Property or provide ARD with a replacement facility equal to or
better than the Property. If a disposition of the Property occurs, the proceeds of the disposition
shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of the
actual costs of disposition). This Agreement may also be terminated by either party for a material
breach of its terms. The non-defaulting party shall give a written notice of default and opportunity
to cure at least thirty (30) days before terminating the Agreement for cause. Upon termination,
--ARD shall remove all of its equipment from the Property and leave the premises in good order and
repair.
16. Entire Agreement. This Agreement is the entire agreement between the parties.
Except as provided in Paragraph 16, any modification to this Agreement must be in writing and
approved by both parties.
17. No Partnership. ARD and the City are not partners or joint venturers. Neither
party is responsible for the actions of the other in the use of the Property.
18. Anti-Assignment. This Agreement may not be assigned by either party without
written consent of the other party.
19. Public Contracts Requirements: Anti-Discrimination. The City agrees to comply
with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public
Page 9 - AGREEMENT
contracts relating to payment of laborers, payment of claims, environmental and natural resources
laws and other matters, which statutes are incorporated herein for improvements undertaken by the
City. The City and ARD agree not to discriminate in the scheduling or use of the Property against
persons on the basis of race, religion, color, national origin, sex, age, marital status, disability, or
political affiliation.
20. Authority to Execute Agreement. This Agreement shall be approved by an
ordinance of the Tigard City Council. ARD represents that the person signing the Agreement
on its behalf has authority to sign the Agreement.
DATED this �o da ��'�ti� "y� 1�j y�
Y �
CITY OF TIGARD ATF RE DIS CT, INC.
1
By: By:
Vr -
As its: As its: p/wA)i
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Page 10 - AGREEMENT
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EXHIBIT "B"
Form IS-2 Agreement to Mediate
AGREEMENT To MEDIATE
This is an Agreement between (*J and [*j and
hereinafter the •mediator, ° to enter into mediation with the
intent of resolving the following issues: [*j ,
The parties and the mediator understand and agree as
follows:
1• Nature of Mediation
The parties .hereby appoint and retain [*I as
mediator for their negotiations. The parties understand that
mediation is an agreement_reaching process is which the mediator
assists parties to reach agreement in a collaborative,
consensual, and informed manner. It is understood that the .
mediator has no power to decide disputed issues for the parties.
The pax ties understand that mediation is not a substitute for
independent legal advice. The parties are encouraged to secure
such advice throughout the mediation process and are strongly
advised to obtain independent legal review of any formal mediated
agreement before signing that agreement. The parties understand
that the mediators objective is to facilitate the parties
themselves reaching their most constructive and fairest
agreement. The parties also understand that the mediator has an
cbl=gation to work on behalf of each party equally and that the
mediator cannot render individual legal advice to any party and
will not render therapy or arbitrate with'_n the mediation.
2 . Scope of Mediation
The parties understand that it is for the parties, with the
mediator' s concu,- ence, to determine the scope of the mediation
and this will be accomplished early in the mediation process .
3 . Mediation is Voluntary
All parties here state their good-faith intention to
complete their mediation by an agreement. It is, however,
understood that any party may withdraw from or suspend the
mediation process- at any time, for any reason.
The parties also understand that the mediator may suspend or
terminate the mediation if the mediator feels that the mediation
will lead to an unjust or unreasonable result; if the mediator
feels that an impasse has been reached; or if the mediator
determines that he or she can no long effectively perform-a
facilitative role.
4 . Confidentiality
It is understood between the parties and the mediator that
the mediation will be strictly confidential. Mediation
discussions, any draft resolutions, and any unsigned mediated
agreements shall not be admissible in any court Proceeding. Only
a mediated agreement signed by any parties may be so admissible .
The parties further agree to not tail the mediator to testify
concerning the mediation or to provide any materials from the
mediation in any court proceeding between the parties . The
mediation is considered by the paries and the mediator as
settlement negotiations. All parties also understand and agree
that the mediator may have private caucus meetings and
discussions with any individual party, in which case all such
meetings and discussions shall be confidential between the
mediator and the caucusing party. The mediator may, however, have
certain statutorily or judicially required reporting obligations,
such as reporting a reasonable belief that child abuse has taken
place or to speak up to protect one party from another if
substantial physical 'harm* is a concern.
S . Full Disclosure
Each party agrees to fully and honestly disclose all
relevant information and writings as requested by the mediator
and all information requested by any other party, if the mediator
determines that the disclosure is relevant to the mediation
discussions.
6. Mediator Impartiality -
The parties understand that the mediator must remain
impartial throughout and after the mediation process. Thus, the
mediator shall not champion the interests of any party over
another in the mediation or in any court or other proceeding. The
paries agree that the mediator may discuss the parties,
mediation process with any attorney any Party may retain as
individual counsel . Such discussions will not include any
negotiations, as all mediation negotiations must involve all
parties directly. The mediator wi11 provide copies of
correspondence, draft agreements, and written documentation to
independent legal counsel at a party' s request. The mediator may
communicate separately with an individual mediating party, in
which case such "caucus" shall be confidential between the
mediator and the individual mediating party, unless agreed
otherwise by all parties and the mediator.
7. Mediation Fees
The parties and the mediator agree that the fee for the
mediator shall be $ (*3 per hour for time spent with the parties
and for time required to study documents, research issues,
correspond, telephone call, prepare draft and final agreements,
and do such other- things as may be reasonably necessary to
facilitate the parties reaching full agreement. The mediator
shall also be reimbursed for all expenses incurred as a part of
the mediation urocess.
A payment of $ [*] toward the mediator's fees and expenses
shall be paid to the mediator along with the signing of this
agreement. Any unearned amount of this retainer fee will be
refu_znded to the parties. The parties shall be jointly and
severally liable for the mediator' s fees and expenses . As between
t:.e parties only, responsibility for mediation fees and expenses
shall be:
The parties will be provided with a monthly accounting of
fees and expenses by the mediator. Payment of such fees a.^d
er_renses is due to the mediator no later than 15 days foll, owing
the Cate of such billing, unless otherwise agreed in w=i ting.
Should payment not be timely made, the mediator may, in his
or her sole discretion, stop all work on behalf of the parties,
including the drafting and/or distribution of the parties,
agreement, and withdraw from the mediation. If collection or
court action is taken by the mediator to collect fees and/or
expenses under this agreement, the prevailing party in any such
action and upon any appeal therefrom shall be entitled to
attorney fees and costs therein incurred.
DATED: 19
Client Client
Mediator
MEMORANDUM
CITY OF TIGARD
TO: Ed Wegner `
FROM: Bill Monahan
$A
DATE: February 10, 1998
SUBJECT: Atfalati Recreation District Agreement
Attached is a copy of the fully executed Atfalati Recreation District Agreement. Atfalati has
paid the initial $15,000 contribution and will be making a second payment on May 1, 1998.
I have attached a copy of a memo to Wayne Lowry, asking that he deposit the $15,000 in an
appropriate account.
Please contact Dave Nicoli and set up the initial meeting of the Management Committee.
Please also keep me posted of the activities of the Committee, and any agreements made
regarding capital projects at Cook Park.
Thank you for your assistance.
WAM\jh
attachment
i sladmkbi111020998.4.doc
MEMORANDUM
CITY OF TIGARD
TO: Wayne Lowry
FROM: Bill Monahan
DATE: February 10, 1998
SUBJECT: Atfalati Recreation District Agreement
Enclosed is a copy of the executed Agreement between the City of Tigard and the Atfalati
Recreation District. Along with the executed Agreement, the City received the initial payment
of$15,000, called for in Section 1 of Page 2 of the Agreement. The $15,000 goes toward the
purchase price of the Gray/Lamb/Cook Park addition. The payment received represents the
payment that was due on August 1, 1997. Beginning May 1 of this year, an additional
$15,000 will be received annually until the entire $150,000 contribution by ARD is received.
Please deposit the funds in an appropriate account.
Thanks for your assistance.
WAM\jh
enclosure
c: Ed Wegner
iAad m\bil1102099&3.doc
>F
CITY OF TIGARD
February 10, 1998 OREGON
Ruth Richards
Atfalati Recreation District
19600 SW Cipole Road
Tualatin, OR 97062
Re: Agreement with the City of Tigard
Dear Ruth:
Thank you for sending me the executed Agreement and check in the amount of
$15,000. Thank you also for clarifying that ARD will be sending a second check on
May 1, 1998.
Ed Wegner of our Public Works Department will be in contact with Dave Nicoli to set
up the initial meeting of the Management Committee.
Thank you for your assistance in this matter.
Sincerely,
William A. Monahan
City Manager
WAM\jh
c: Ed Wegner
1:%2dm%bi1R0209WZdoc
13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772
ATFATATt RECREAVON MTRWT
February 5, 1998
William A. Monahan
City Manager
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Atfalati Recreation District Agreement
Dear Bill;
I am enclosing the Executed Agreement and our check number 302 in the amount of $15,000.
Atfalati will be sending another $15,000 on May 1" as per the agreement.
Please call me or Dave if you need anything further or have any questions or concerns.
Sincerely,
ATFALATI RECREATION DISTRICT
Ruth Richards
11600 sw MOLE ROAD w TUALAUN, OR 17062 w S03 612-9200