Cook Park Agreement

City of Tigard and Tigard Little League/Southside Soccer Agreement

Below is a chronological listing of events (in reverse order) for TLL families to learn about the long-standing agreement with the City of Tigard and updates to the situation as they happened.

September 2015: Final Agreement is Reached

Click here to read the final agreement.

June 2013: Communicating with the City

Knowing that we would be able to attend the June 18th City Council Working Session but that a Working Session meeting does not afford the public to make any comment or presentation, TLL/SSC decided to attend the following meetings which allow for public comment.

Monday, June 10, 2013
Parks & Recreation Advisory Board (PRAB)Eight members of TLL/SSC attended this meeting where we gave a brief history of the agreement, the recent events and the fact that City Council was going to be asked to render a decision on: "Should TLL/SSC be viewed as different than other organizations regarding Cook Park field use?" The PRAB members asked questions and agreed to make this topic an agenda item at their July meeting: Monday, July 8th, 7 p.m., Public Works Building, 8777 SW Burnham Road, Tigard.

Tuesday, June 11, 2013: City Council Business Meeting
Approximately 35-40 TLL/SSC members attended in support of this topic. Three people spoke on behalf of TLL/SSC (Kim Kelleher, TLL President, Kibwe Cuffie, Technical Director SSC, and Dave Nicoli architect of 1998 agreement) and council members were provided a packet of all of the documents included on this page. Below is the speech prepared by Kim Kelleher, as well as discussion points that were distributed to the council members:

June 11, 2013 Speech Made at City Council Business Meeting

A Call-Out for Support

Realizing that we would not have an opportunity to present to City Council at their working session meeting on June 18th, we sent a request to all TLL/SSC members asking them to join us at City Hall for the City Council Business Meeting on June 11th - here is the notice that went out:

TLL and Southside Soccer Need Your Support

Could you spare 20 minutes to be at City Hall this coming Tuesday evening at 7:30 p.m.?

Many years ago, Cook Park was home to a dairy.
Today it contains the showcase fields for both Tigard Little League and Southside Soccer.

How did that happen?

It happened through an unique partnership between the City of Tigard and Tigard Little League/Southside Soccer where TLL/Southside agreed to pay almost $500,000 over 15 years to purchase the land to the left of the road that leads into Cook Park and develop soccer and baseball/softball fields, parking lots and concessions/bathroom buildings. Our financial outlay was balanced with the city giving TLL/Southside priority rights for the fields that they had helped to acquire/build.

Having spoken with individuals involved in the original 1998 agreement, the intent was for TLL/Southside to have access to these fields for the foreseeable future; unfortunately, with the payments schedule for our agreement coming to a close this October, the City of Tigard has notified us of their decision to terminate the agreement. They now plan to view us like any other organization wanting to rent fields.

We are asking members of TLL and Southside to come to a City Council meeting to show your support for our clubs and our desire to continue our partnership with the city:

This Tuesday, June 11th
7:30 p.m.
City Hall
13125 SW Hall Boulevard

You would only need to stay for 15-20 minutes but it would show City Council members how many members of the Tigard public are interested in the resolution of this situation. Add your name to the list if you can be there:

6/11 City Council Meeting RSVP

Respond to this email or contact Kim Kelleher.

Thank you very much for your support!!

June 2013 - Response from City of Tigard

In June, TLL/SSC received a letter of response from the City of Tigard, including:

  • That the City has the right to terminate the agreement unilaterally per the 2010 Third Amendment
  • The fund as described in the 1998 Agreement was not the responsibility of the city
  • That TLL/SSC actually have no "ownership" or "equity interest" in the property despite those words being used in the 1998 Agreement.
  • That the city has no obligation to account for these activities. Also, even if they desired to, their accounting system does not allow for it.

The following is a quote from the letter:
"It is unfortunate that the agreement used terms like "ownership interest" and "equity position." Those terms, looked at in isolation, have created a belief that if the agreement terminates, TLL and SSC should receive their half interest in the value of the property. But the agreement does not work that way."

At this point, TLL/SSC realized that we have a very different interpretation of the 1998 Agreement than the city staff does.

June 3, 2013 Letter of Response from CoT

May 2013 Communications

In early May, TLL contacted city staff to find out if a decision on whether TLL/SSC would be considered different than other organizations due to our agreement and financial investment - we were told that city staff would be presenting the question to City Council at one of their May meetings. When we realized that City Council members would be hearing only from city staff, we asked if representatives from TLL/SSC could attend and present so that there would be a balance of perspective. City staff told us that they would check with the City Manager and see whether that would be possible.

When asked whether city staff felt that TLL/SSC should be viewed as different than other organizations, the response was that they felt we had been "faithful tenants".

At this point, TLL/SSC wrote a letter of response to the City of Tigard's notice of termination letter with the following requests:

  • An accounting of the fund that was specificed in the 1998 agreement
  • The City's desired preference on how to compensate TLL/SSC's ownership interest in the event of termination as spelled out in Section 15 of the 1998 Agreement
  • An accounting of expenses on behalf of the city spent on Cook Park fields since 1998 (to understand annual maintenance costs)

May 2, 2013 Response Letter from TLL/SSC

Later in May, we finally received word that the wrong City Council meeting date had been given to us - city staff would be presenting on this topic at the June 18th City Council Working Session. It was explained that we were welcome to attend, but there would be no opportunity for us to speak/present.

March 2013 - Notice of Termination

In March, TLL/SSC received a letter from the City of Tigard declaring their intent to terminate the agreement.

March 6, 2013 Notice of Termination Letter

February 2013 Meeting

In February, we had a 2nd meeting between the City of Tigard and TLL/SSC. By this time, members of TLL had read the 1998 agreement and come to believe that the two clubs have an equity position in the land that was purchased and developed. At the same time, city staff explained that they expected TLL/SSC to:

  • Begin paying for field use by the hour
  • Have the same scheduling priority as other Tigard-based non-profit organizations (e.g., Tigard Youth Football, Tigard Lacrosse, etc.) per municipal code

We expressed grave concern over these changes, particularly given the intent of the original agreement. We told city staff that we believed that we should be considered different than other organizations based on the intent of the 1998 agreement and the fact that we had paid more than $500,000 for the purchase and development of the land.

City staff explained that a decision like that had to be made by someone higher than the people in the room so we adjourned and waited for the city to contact us with the decision.

February 21, 2013 Meeting Minutes

October 2012 - Initial Contact

Realizing that the final payment in a 15 year payment schedule was to occur in October 2014, Tigard Little League contacted the City of Tigard this past October to find out what would happen once the final payment was made. A meeting between city staff and TLL/SSC board members occurred in October where the 3 groups acknowledged that there was a long-standing agreement but the city suggested that we wanted to move forward from it as it is long and contains things that are not being followed.

At the time, TLL/SSC thought that that would make sense (although no one had read the agreement) and we agreed to reconvene to discuss details.

2010 Third Amendment

In 2010, a third amendment was signed which:

  • Amended Section 4 (Goals) - the goals in the original amendment had been accomplished and now one goal of "To work together to develop operating parameters for the use of the Property facilities"
  • Amended Section 15 (Termination) - the original agreement specified that the agreement would be reviewed every 10 years and it outlined the 3 options available should termination of the agreement occur. In this amendment, the review period was changed to annually and much of the original wording was removed.
  • Recognized the dissolution of Atfalati Recreation District and assigned the rights of the agreement to Tigard Little League and Southside Soccer Club.

2010 Third Amendment

2003 Amendments

The original 1998 agreement had touched on a concession building to be built, but it wasn't until 2003 that plans went forward with their construction. At this time,

  • An amendment was created to outline how the concessions building would be used/managed
  • An amendment with a payment schedule was created to show what each club (TLL and SSC) would owe each year - included in this payment scheduler were the payments on the original $150,000 purchase price (at this time they were in year 5 of a 10 year schedule) and the ~$290,000 field development and concessions building that was agreed at this point (on a 10 year schedule starting in 2003)

2003 First Amendment

2003 Second Amendment

Original 1998 Agreement

Prior to 1997, Cook Park looked very different than it does today - when you drove down into the park, there were fields only on the right side of 98th Avenue. The left side was completely undeveloped and much of it had been a dairy farm in the past. The land to the left was owned by Charles Lamb and Bob Gray - Mr. Gray approached the city about selling the land in order to make a much larger park but at the time, development plans couldn't be agreed and no sale could be agreed.

At this time, Tigard Little League and Tigard Soccer Club (now Southside Soccer Club or SSC) used baseball fields Cook 1 and 2 and soccer fields 1, 2 and 3 but they very much needed additional field space.

In 1997, Dave and Jim Nicoli architected an agreement between Mr. Gray/Mr. Lamb, Tigard Little League/SSC and the City of Tigard where:

  • The City of Tigard and TLL/SSC would each pay $150,000 to purchase the land from Mr. Gray/Mr. Lamb (for a total of $300,000)
  • The land would be used to develop fields that would be used by TLL /SSC during their season but would be available for use by the City of Tigard for large events (e.g., the Balloon Festival)

Original 1998 Agreement Document