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DRAFT DRAFT (08/10/2000 8:19 PM) <br /> ADDENDUM A TO INTERAGENCY AGREEMENT <br /> ~ BETWEEN OWEB AND OPRD <br /> i <br /> RECITALS <br /> j <br /> ' A. The Oregon Watershed Enhancement Board (OWEB) has entered into a grant agreement <br /> with Tillamook County dated July 20, 2000 (the "Grant Agreement"), whereby OWEB will <br /> II provide funding to the county, which will in turn provide that funding to the Oregon Parks and <br /> Recreation Department (OPRD) for the purpose of OPRD's acquisition of fee simple title to <br /> certain real property located in Tillamook County, Oregon, more particularly described in <br /> Exhibit A to the Grant Agreement and to this Addendum (the "Property"). <br /> B. As a condition of disbursing funds to Tillamook County, the Grant Agreement requires <br /> (among other things) that the Executive Director of OWEB approve "the form of * * * title <br /> restriction, restricting the use of the Property to those uses allowed under ORS 541.375(9)." <br /> C. In addition, OWEB has entered into an interagency agreement with OPRD dated July 25, <br /> 2000 (the "Interagency Agreement"), providing for OPRD's development of a long-term <br /> management plan for the Property. In particular, section 2(c)(iv) of the Interagency Agreement <br /> provides that the Property will be used for the purposes specified under section 4b, Article XV of <br /> the Oregon Constitution. <br /> D. T e purpose of this Addendum A to t e Interagency Agreement is to specify and--agree- - - <br /> ~ upon the form of title restriction that will be placed on the use of the Property, m or er to carry <br /> ~,~txhe_r_equir-exp.exits-af~~S~4a_,3a_5-(9_),_section~(~~(c)(ia~)_o _thE <br /> Grant_Agr~ernent~ancl-section <br /> 2(c)(iv) of the Interagency Agreement. <br /> A~RF•Ti~A~E~TT.~ <br /> OPRD and OWEB agree as follows: <br /> 1. The use of the Property is limited to the development, operation, and maintenance of a <br /> public park, and those uses listed in section 4b of Article XV of the Oregon Constitution. In <br /> 4 addition, any use of the Property as a public park shall be carried out in a manner that <br /> complements the use of the Property for the purposes listed in section 4b of Article XV of the <br /> Oregon Constitution to the maximum extent practicable. <br /> 2. Notwithstanding the general limitation on use in the preceding section 1, OWEB and <br /> OPRD will, on or before November 3, 2000, identify a portion of the Property consisting of <br /> approximately 80 acres as the "Conservation Area." Uses of the Conservation Area will be <br /> limited to educational and scientific research purposes, and other purposes necessary for the <br /> restoration, improvement and protection of the habitat functions of the Property and the <br /> Conservation Area. <br /> 3. OPRD agrees to sign, OWEB agrees to accept, and OPRD and OWEB agree to record a <br /> conservation easement substantially in the form of the attached Exhibit A in the deed records of <br /> Tillamook County on or before November 17, 2000, or at such later date as may be mutually <br /> agreed upon in writing. Upon and after its acquisition of title to the Property, OPRD agrees to <br /> 1 <br /> <br /> ~'i <br /> <br /> i <br /> <br />