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09-12-2011 AgendaCITY OF WOODBURN CITY COUNCIL AGENDA SEPTEMBER 12, 2011 - 7:00 P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD I J. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements A. Mexican Independence Day will be held in the Downtown Plaza, September 17th and 18th from 12:00 pm until 8:00 pm. Learn more about Mexican culture and heritage at our annual Mexican Independence Day celebration. The event will include live music, mariachi, clowns, lots of pinatas, wax pole contest, taco eating contest, El Grito Ceremony, bounce houses, games, prizes and more! This event will be completely bilingual and everyone is welcome to participate. Appointments None. 4. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations A. Oregon Mayors Association Leadership Award B. Aquatic Center Presentation 6. COMMUNICATIONS None. "Habra interpretes aisponibfes para aqudfas personas que no �abfan Ing(es, previo acmrk Comnnigfese a( (503) 98o- 2485... September 12, 2011 Council Agenda Page i 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of August 22, 2011 1 Recommended Action Approve the minutes. B. Woodburn City Council Executive Session minutes of August 22, 3 2011 Recommended Action Approve the minutes. C. Woodburn Recreation and Park Board minutes of August 9, 2011 4 Recommended Action Accept the minutes. D. Revision of Official Zoning Map Sections of WDO 9 Recommended Action The proposed revision of the Official Zoning Map Sections of the Woodburn Development Ordinance (WDO) is attached for your review. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Community Development Block Grant (CDBG) Housing Rehabilitation Application 11. GENERAL BUSINESS - Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Community Development Block Grant (CDBG) Housing 14 Rehabilitation Application Recommended Action a) Authorize the Mayor to execute the attached Intergovernmental Agreement with the City of Stayton and Marion County in support of a 2011 Community Development Block Grant (CDBG). b) Authorize the City Administrator to submit an application September 12, 2011 Council Agenda Page ii for $400,000 to the Infrastructure Finance Authority for 2011 Community Development Block Grant funding for the Housing Rehabilitation Program. B. Approve Lease Agreement with Verizon Wireless LLC to Locate 20 Wireless Communication Equipment on City Water Tower and Adjoining Property Recommended Action That Council approve entering into an Option and Site Lease Agreement with Verizon Wireless LLC for use of the City water tower and adjoining property to install wireless communication equipment and authorize the City Administrator to sign said agreement. C. Acceptance of a Public Right -of -Way Dedication 295 43 Hardcastle Avenue (Tax Lot 051 W07DD02200) Recommended Action That Council accept a sixteen foot Public Right -of -Way Dedication granted by Wilbur -Ellis Company, property owners of 295 Hardcastle Avenue in Woodburn, Oregon 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Director's approval of Design Review 2011 -02, located at 106 49 Broadway Street Recommended Action No action is recommended. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. ADJOURNMENT September 12, 2011 Council Agenda Page iii COUNCIL MEETING MINUTES AUGUST 22, 2011 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 22, 2011. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic & Community Development Director Hendryx, Public Works Director Brown, Police Chief Russell, Finance Director Palacios, Police Captain Garrett, Police Captain Alexander, Recorder Shearer. 0:01 COMMUNITY /GOVERNMENT REPORTS A. Woodburn School District — David Bautista, Superintendent reported on the upcoming school year schedule and enrollment levels. 0:03 PRESENTATIONS A. Economic & Community Development Director Hendryx gave a presentation on a proposed Housing Rehabilitation Grant application. The grant would be a Community Development Block Grant for housing improvements for low to moderate income individuals. The program would be administered by the Valley Development Initiative (a non - profit affiliation of the Mid - Willamette Valley Council of Governments) and is a joint application with Marion County and the City of Stayton, with the City of Woodburn acting as lead agency. There will be a public hearing regarding the application at the next Council meeting. 0:23 CONSENT AGENDA A. Approve Woodburn City Council minutes of August 8, 2011, B. Accept the Crime Statistics Report for July 2011, C. Approve a Liquor License Application for La Fonda Guadalajara. McCallum /Cox... adopt the Consent Agenda. The motion passed unanimously. Page 1 - Council Meeting Minutes, August 8, 2011 COUNCIL MEETING MINUTES AUGUST 22, 2011 0:26 AWARD OF BIO- SOLIDS HANDLING SERVICES CONTRACT Cox/McCallum ... Council, acting as Woodburn Contract Review Board, award the bio- solids handlings services contract to Synagro West in the amount of $2,293,750 and authorize the City Administrator to enter into said contract in a form acceptable to the City Attorney. The motion passed unanimously. 0:27 AWARD OF FIREARMS RANGE SAFETY UPGRADES CONSTRUCTION CONTRACT Cox/Lonergan... Council, acting as Woodburn Contract Review Board, award the Firearms Range safety improvement design /build contract to Engineered Structures in the amount of $302,905 and authorize the City Administrator to enter into said contract in a form acceptable to the City Attorney. The motion passed unanimously. 0:32 CITY ADMINISTRATOR'S REPORT The City Administrator reminded Council of the scheduled Executive Session following this meeting. 0:33 MAYOR AND COUNCIL REPORTS • Councilor McCallum congratulated the Woodburn Fire Department on their defeat of the Woodburn Police Department at the Woodburn Proud Softball game. 0:34 EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(e). Pugh /Lonergan ... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council A ourned to executive session at 7:40 pm and reconvened at 8:10 pm. Mayor Figley stated that no action was taken by the Council while in executive session. 0:34 ADJOURNMENT Lonergan/McCallum... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:10 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, August 8, 2011 2 Executive Session COUNCIL MEETING MINUTES August 22, 2011 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 22, 2011. CONVENED. The Council met in executive session at 7:40 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: City Administrator Derickson, City Attorney Shields, Public Works Director Brown, City Recorder Shearer. Media Present: Doug Burkhardt, Woodburn Independent Mayor Figley reminded the Councilors, media and staff that information discussed in executive session is not to be discussed with the public. The executive session was called to: • To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e) ADJOURNMENT. The executive session adjourned at 8 07 p.m. ATTEST Christina M. Shearer, Recorder City of Woodburn, Oregon KATHRYN FIGLEY, MAYOR Pagel — Executive Session, Council Meeting Minutes, August 22, 2011 I City of Woodburn Recreation and Park Board Minutes August 9, 2011 • 6:30 p.m. Oi w D A G Gl T. 1. CALL TO ORDER The meeting and was called to order at 6:30 p.m. Rosetta Wangerin; Board Chair was absent, Joseph Nicoletti; Board Secretary conducted the meeting. 2. ROLL CALL Position I Zandi Cox, Member (12/13) Absent Position II (Student) Claudia Urias- Guerrero Present Position III Joseph Nicoletti, Board Secretary (12/13) Present Position IV Rosetta Wangerin, Board Chair (12/13) Absent Position V Bruce Thomas, Member (12/13) Present Position VI Cheryl Shepherd, Member (12/11) Present Position VII Tony Waite Absent 3. APPROVAL OF MINUTES FROM April 12, 2011 Cheryl Shepherd/Bruce Thomas - Motion to accept the amended May 10, 2011 minutes as written and seconded. The motion passed unanimously. Bruce Thomas /Cheryl Shepherd - Motion to accept the amended July 12, 2011 minutes as written and seconded. The motion passed unanimously. 4. BUSINESS FROM AUDIENCE None. 5. OLD BUSINESS None. 6. NEW BUSINESS JULY PARK TOUR RE -CAP After a short discussion, it was decided that the board would turn in their comment forms from the July 27 park tour so they could be compiled and addressed. The Board gave the following comments; Claudia - Settlemier Park — stated that the walkways were bumpy, cracked and unsafe. Bruce - Settlemier Park - clarified that the bumps and cracks were called root heaving and stated that security cameras were needed. Centennial Park - stated that lights were needed on all the sports fields. Al Cowan Park - he would like to see a group of volunteers to maintain the garden. Legion Park — he would like to see the plans for Aquatic Center expansion and Community Center stay in the forefront. He stated that a lot of time and money was spent on the plans and felt that even with the current economic problems, if presented under the right conditions it would be a successful bond issue. Also, he would like Jim to put in a 2012 -13 budget request for $30,000 to fund a playground at Legion Park. He also complimented the park maintenance staff for doing a great job in maintaining the parks. Page 1 of 5 W City of Woodburn Recreation and Park Board Minutes August 9, 2011 • 6:30 p.m. j ODBUR — ��` VV 1V Wyffels Park — he would like to see the playground come closer to the stream and build the playground structure up 2 -3 feet so structure is visible from the street. Discussion took place on the feasibility of placing the playground structure near the stream, playground layout and pathway system through that part of the greenway. Cheryl — General — mirrored Bruce's comments and is pleased with the upkeep of parks, how many parks Woodburn has to offer and she was impressed with all the work done in the greenway. Joseph — General — stated that he looked mostly at the playgrounds during the tour and would like to replace playgrounds in Wyffels Park first and then at Legion Park. He also felt that the parks are in good condition. NEW LOGO - Stu Spence Stu stated that it was time to update the recreation logo and gave the Board members samples of the new logo that YG Media created. YG Media was asked to capture the feeling of activities and emotion. He asked the Board for comments and suggestions of the various designs and colors. Stu will take the suggestions back to YG Media to incorporate changes and then present the final draft at the next meeting. DIVISION REPORTS Aquatics — Kristin Graybeal Kristin reported that, through the first 8 weeks of summer, revenue was up 15% as compared to last year. She shared that a sponsor paid for the free swim lesson week in June. She indicated that the Aquatic Center's General Fund subsidy was $28,000 in July 2010, while preliminary figures put it near $9,000 for July 2011. There was a discussion about the method of paying for utilities and maintenance services, including the transition away from purchasing "internal services" through Public Works and the move toward purchasing maintenance and repair services directly. Kristin shared that she will attend a Certified Pool Operator training in October. The re- plastering project will close the Aquatic Center from September 6 — 30. The facility will reopen October lth with fall swim lessons beginning on October 5th Kristin reported that she has set up a Facebook page for the Aquatic Center, which currently has 19 friends and 61check -ins. She plans to use Facebook to post updates and pictures on the re- plastering project and promote aquatic programs. Kristin reported on the following upcoming events: • Movie Nib on August 19 at 8:15pm. This Friday night movie will be projected on the wall and concession sold in the lobby area. • D2M Splash on Sept 5 12:00 — 3:00pm $5.00 per dog. • End of Summer Sale — All merchandise and products will be on sale. • Lifeguard Certification Class — August 22 -24 Page 2 of 5 I City of Woodburn Recreation and Park Board Minutes August 9, 2011 • 6:30 p.m. j ODBUR — ��` VV 1V Kristin shared that she is reaching out to home school co -ops to provide fall swim lessons, and will have a table at the Wellsprings Saturday Marketplace on August 27 from 10:00am — 2:OOpm promoting various aquatic opportunities. Recreation — Stu Spence Youth Sports — Completed agreement to partner with Woodburn Athletic Futbol League, for youth fall soccer league with them doing the logistics, scheduling and referees and us taking the registrations and supplying the uniforms. Last year over 325 kids played. Adult Sports — Adult soccer league is now playing. A partnership with Shootout Team Sports, LLC has resulted in 17 adult soccer teams currently playing. Fall Basketball Hoops is gearing, had 28 teams last year. After School Program — On going partnership with the Woodburn School District at the elementary school level. We support the program with staffing and a minimal supply budget. School starts August 29 P.A.L. Mentoring —This program continues with a new grant that began in May. Lorena, Program Coordinator has done a great job getting youth involved in the community. They have helped with the 4 of July and the Fiesta Mexicana tremendously and done a great job. Summer Day Camp — Camp is concluding for the year. We had 142 kids this year as compared to 212 last year. Even with the reduced revenue, this is an amazing program and with reduced staffing hours was able to provide an excellent program. Y.A.B. — Claudia will report later in the agenda. AmeriCorps Recruitment — Still hosting interviews and selecting possible candidates. The new member will begin on September 1 Movie in the Park — For the first time we are having a movie in the park on August 30 in the Library Park. This is a family event that will feature a family classic movie around dusk. Out and About Fall guide — This fall guide will feature 40 pages, a new layout with Spanish and English pages mirroring one another. The guide will be mailed by August 20 Spanish/English that will mirror each other. Coming soon - Walt's Run — Woodburn Proud is sponsoring this program Woodburn Proud BBQ August 18 at Centennial Park End of Summer Block Party — August 26 at the Aquatic Center parking lot Page 3 of 5 City of Woodburn Recreation and Park Board Minutes August 9, 2011 • 6:30 p.m. jOODBUR VV� 0 t - Parks and Facilities — Jim Row Fiesta Mexicana Jim stated that the Chamber of Commerce is responsible for fiscal reports and the City of Woodburn is providing logistical support to the event. He reported the attendance was estimated at 15,000, up from 12,000 last year. Gate revenue was up $11,000 due to the revised fee structure and increased attendance. Kid Zone revenue was down due to cutting the price of the unlimited ride wrist band from $10.00 to $5.00. This price reduction was due to some play equipment not being present as a result of scheduling and insurance issues that will be resolved next year. Vendor revenue was up from $9,000 last year to $16,000 this year. Jim gave an estimated count of 65 vendors with 35 food vendors and the rest merchandise and non - profit vendors. Jim reported that sponsorship revenue doubled this year. Popular bands brought in and on Sunday the kids enjoyed El Chichicuilote, a famous Latino clown. The Chamber of Commerce signed up about 200 -250 volunteers. Jim stated that it was a great event — but a lot of work. The Police department was pleased that there has not been any arrests in the last two years and it has really turned into a family event again. Jim shared that this event will be a profitable one for the Chamber of Commerce with a percentage of profits going back into the community. Kristin reported that the Fiesta Court Program was much improved this year. The Fiesta Queen was given a full year Chemeketa scholarship. Jim thanked Stu, Kristin, and Robyn for all the hours they put into the event. Bruce commented how important the Court Program is to the young Hispanic girls within the community. Mill Creek Greenway Project Last fall, construction of the trail was stopped at the pond due to weather, but now the contractor has been back on site and is making progress with the trail around the pond and observation platform. Jim expects it to be completed within the next couple of weeks. Downtown Plaza restrooms Jim reported that there has been a lot of discussion about needing restrooms in the downtown area. With the cost of permanent restrooms being quite costly, they are considering portable restrooms. The Parks Master Plan recommends that in locations where we use portable restrooms that we enclose and screen them in a more decorative manner. Before we commit to the cost, we decided to temporarily place a restroom at the Downtown Plaza to see how much it is used and if it is subjected to graffiti. Jim shared that over the last couple of years, there has been significant problems with vandalism at Burlingham Park and at Settlemier Park where 2 portable restrooms were burned to the ground. They will assess the new Downtown Plaza portable restroom for a while and further discuss it with City Council on whether to place a restroom there on a permanent basis. Bruce thought this was a great idea and thought that maybe the downtown businesses would contribute to the cost. 7. FUTURE BOARD BUSINESS None. Page 4 of 5 7 City of Woodburn Mir Recreation and Park Board Minutes - r, August 9, 2011 • 6:30 p.m. W'"'ODBUR 8. BOARD COMMENTS Claudia — Youth Advisory Board recently had a yard sale that raised $37.00 for the scholarship program. This group has also volunteered during the Fiesta Mexicana and led the fiesta parade this year. She stated that she heard comments from kids as how much fun they had this year at the Fiesta Mexicana. YAB is planning to recruit new members for this coming year. 9. ADJOURNMENT Adjournment was 7:35pm Joseph Nicoletti, Board Secretary Paulette Zastoupil, Recording Secretary Date Date Page 5 of .5 I OODBUR September 12, 201 1 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney SUBJECT: Revision of Official Zoning Map Sections of WDO RECOMMENDATION The proposed revision of the Official Zoning Map Sections of the Woodburn Development Ordinance (WDO) is attached for your review. BACKGROUND As the City Council is aware, the Focus Group and Planning Commission completed their work on Sections 1.1 (Organization and Structure), 4.1 (Administration and Procedures) and 5.1 (Application Requirements) of the WDO and the City Council held a public hearing on these sections. Because the formal adoption of these sections will constitute a major amendment to a frequently used and important ordinance, my office has spent substantial time reviewing the text for inconsistencies. Formal adoption is scheduled for the September 26, 2011 meeting. DISCUSSION Old WDO LanQuaGe From my perspective as City Attorney, the Official Zoning Map Sections of the originally adopted WDO contained overly detailed and inconsistent language. For instance, the old language provided that the Official Zoning Map shall be "filed with the City Recorder" but stated that "the Director shall control the electronic storage of graphic files used to plot the Zoning Map." The old language also required the Director to "maintain an up -to -date copy of the Zoning Map, to be revised from time to time so that it accurately portrays changes in zone boundaries. The Zoning Map may be stored on a computerized geographic information system (GIS)." This inconsistent language Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ I Honorable Mayor and City Council September 12, 2011 Page 2 created confusion about the respective roles of the City Recorder and the Economic and Community Development Director. Revised WDO Lanauaae In reviewing the attached revision sheet, the City Council will notice the following modifications: • The overly detailed language has been removed. This language appears to have come from older ordinances. Rather than being helpful, the language created confusion as to process and roles. Newer ordinances tend to be shorter and more straightforward. • The Official Zoning Map will be readopted with the formal adoption of the WDO. This will provide a "benchmark" for all future changes. • The Economic and Community Development Director's role (i.e., to maintain the Official Zoning Map) is clarified. The Director is specifically charged with maintaining, revising, and protecting the Official Zoning Map. In the future, it is clear that someone requiring a certified copy of the Official Zoning Map would obtain it from the Director's office. • The City Recorder's role (i.e., to maintain accurate records of all land use decisions) is clarified. Consistent with the Woodburn City Charter, the Recorder files and maintains all ordinances /resolutions /orders. This includes all land use decisions that affect the Official Zoning Map. Practical Implementation In addition to modernizing and removing inconsistencies from the WDO, the City Administrator, City Recorder and Economic and Community Development Director all believe that the clarification in roles will be better for City staff and the public. FINANCIAL IMPACT None. Attachment Proposed revision of Official Zoning Map Sections of WDO 10 1.103 Official Zoning Map 1.103.01 Adoption of the- Official Zoning Map 1.103.02 Content of the Official Zoning Map 1.103.03 Depiction of Rights -of- )Kay 1.103.04 Interpretation of Zoning District Boundaries of Way 1.103.05 Maintenance of the Zoning Map by Director 1.103.06 Maintenance of Land Use Decisions by City RecorderrMa 1.103.01 Adoption of the- Official Zoning Map The "Official Zoning Map" of the City of Woodburn- ,. is hereby adopted and made a part of the Woodburn Development Ordinance. 1.103.02 Content of the Official Zoning Map Formatted: Font: 14 pt A- The location and boundaries of all zoning districts, overlay districts and all Formatted: No bullets or numbering other graphic information required by the Woodburn Development Ordinance shall be noted on the Official Zoning Map. Th Offi i ao r Map s l i II be Tiros ri, - R f d e Section 1.103 Page 1.1 -17 Formatted: No bullets or numbering, Tab stops: - 0.06 ", Left Formatted: Indent: Left: 0 ", Hanging: 0.06 ", No bullets or numbering 11 1.103.034 Depiction of Rights -of -Way The Official Zoning Map need not depict zoning for rights -of -way. Regardless of depiction on the Official Zoning Map, zoning districts shall extend to the centerline of abutting rights -of -way. 1.103.04-5 Interpretation of Zoning District Boundaries Where there is uncertainty, contradiction or conflict concerning the intended location of zoning district boundary lines, the boundary lines shall be determined by consideration of the following guidelines in a Type IV review. Such a review may be initiated by the owner of the subject property or by the Director: A. Boundaries indicated as approximately following the center of right -of -way lines of streets, highways, railroad track or alleys shall be construed to be such district boundaries; B. Boundaries, when not adjacent to public rights of way, indicated as approximately following the boundaries of a lot shall be construed as following such boundaries, C. Boundaries indicated as approximately following the City limits shall be construed as following such boundary; D. Boundaries indicated as approximately following river, stream and/or drainage channels or basins shall be construed as following the center line of the channel of such river, stream or channel; and E. Whenever any public right of way is lawfully vacated, the lands formerly within the vacated right of way shall automatically be subject to the same zoning district designation that is applicable to lands to which the vacant land attaches. 1.103.056 Maintenance of the Zoning Map by Director The Director shall maintain an up -to -date copy of the Official Zoning Map and to be FeV f + 4 t e t!, t ,moo S„ t44 it . l 4 e ! .., ,,• eh. i14f@FH4a6E)J4 Si_Ste ). Tke Direeter shall have procedures in place 4e insure against Section 1.103 Page 1.1 -18 12 accidental or unauthorized modification or loss of the data. 1.103.06 Maintenance of Land Use Decisions by City Recorder Pursuant to the Woodburn City Charter the City Recorder shall maintain an accurate record of all land use decisions made by the Citv Council and Planning Commission. In the event of a conflict between the Official Zoning Map and a land use decision kept on file by the City Recorder, the land use decision shall control. Section 1.103 Page 1.1 -19 13 .- W OODBURN September 12, 2011 To: Honorable Mayor and City Council through City Administrator From: Jim Hendryx, Economic and Development Services Director Subject: Community Development Block Grant (CDBG) Housing Rehabilitation Application RECOMMENDATIONS: a) Authorize the Mayor to execute the attached Intergovernmental Agreement with the City of Stayton and Marion County in support of a 2011 Community Development Block Grant (CDBG). b) Authorize the City Administrator to submit an application for $400,000 to the Infrastructure Finance Authority for 2011 Community Development Block Grant funding for the Housing Rehabilitation Program BACKGROUND Counties and cities with populations under 50,000 (non - entitlements) are eligible to apply for CDBG grants to the Infrastructure Finance Authority (IFA). The IFA offers a number of different grants through their CDBG program. One of the grants provides funding for housing rehabilitation loans for low -to- moderate income households. As loans are repaid, or "revolved ", the funds are made available to loan to other qualifying households. The City of Woodburn was awarded CDBG Housing Rehabilitation grants in the mid -80's and again in the mid -90's. Over the years, through repayment of loans, the Housing Rehabilitation Program was reinitiated in 2009, with approximately $420,000 available for new loans. The City contracted with Valley Development Initiatives, an affiliate non - profit organization of the Mid - Willamette Valley Council of Governments, for assistance in administrating the Housing Rehabilitation Program and funds were again dispersed through 29 individual loans. As Council will recall, there was considerable interest in the Housing Rehabilitation Program, with 90+ City Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x- 14 Honorable Mayor and City Council September 12, 2011 Page 2 residents applying for funding. The City's documented need, through formal pre - application screening, enabled the City to qualify for the current CDBG application. New program rules require local governments who wish to apply for these funds to enter into Intergovernmental Agreements (IGA's) with a minimum of two other local governments prior to submission of an application for funding. As the city with the highest need in Marion County, the City of Woodburn intends to apply for a grant in the amount of $400,000 and serve as the lead applicant in partnership with the City of Stayton and Marion County, the two jurisdictions with the next highest number of wait list homeowners. Additional program rules require that the lead applicant transfer the responsibility of managing the program to an appropriate non - profit organization, such as Valley Development Initiatives, through a sub - recipient agreement. VDI is staffed by the Mid - Willamette Valley COG, who also manages housing rehabilitation programs for the cities of Aumsville, Aurora, Gervais, Hubbard, Jefferson, Scotts Mills, Stayton, the Santiam Canyon, and Marion County. VDI is managed by the VDI Board of Directors, and members with housing rehabilitation management contracts serve on a VDI Partners Committee. Staff has participated in the Partners Committee. When opportunities to apply for new grants arise, the VDI Partners Committee decides which member(s) would create the most competitive application based upon CDBG program rules. This year, the City of Woodburn has the longest number of wait -list homeowners, followed by Stayton, and then by Marion County. The City of Woodburn has also gone the longest period of time since an application was submitted on their behalf. If awarded, the City of Woodburn would be responsible for administration of the grant, with assistance from VDI. The IGA also specifies that 25% of the grant funds could be used by Stayton to assist in winnowing their wait list. Loans to qualifying homeowners are made on a deferred - payment basis, with the homeowner paying nothing until the home changes ownership. Loans are secured by liens on the property. As loans are eventually repaid, the funds are returned to VDI, which must re -lend them to other eligible homeowners in Marion County. 15 Honorable Mayor and City Council September 12, 2011 Page 3 DISCUSSION Woodburn has the opportunity to apply for a Block Grant to continue its Housing Rehabilitation Program. Since reinitiating the program in 2009, 29 loans have been completed from a waiting list of 90+ residents. Staff is in the process of contacting applicants not served by the last program, in order to determine their continuing needs. In Woodburn, need far exceeds available funding. In order to apply for funding the program, Woodburn is required to enter into an IGA with two other jurisdictions. Stayton and Marion County both have documented needs. Initially, funding would be divided between Woodburn and Stayton, using an agreed upon amount, 75% and 25% respectively. After two years, should funds remain, they would need to be returned to the State. Given the waiting list, it is doubtful that funds would ever revert back to the State. Another requirement of the program necessitates that when loans are repaid, those funds are administered by a non - profit (such as VDI), instead of by the City itself. This provides rehabilitation funding for any of the participating VDI communities, insuring funding for area -wide needs. The 2009 program provided for simple interest loans to low- and - moderate income residents to rehabilitate their homes. The maximum loan under the 2009 program per household was $12,500, while up to $15,000 would be available for projects that include accessibility improvements. New program requirements require participating jurisdictions to operate under similar guidelines. Maximum loan amounts, for instance must be the same. Stayton provides housing rehabilitation loans up to $25,000, repayable upon the sale of the home. Woodburn provides for a lesser amount and requires repayment upon the sale or refinancing of the dwelling. Our guidelines would need to be revised to be consistent with our partners, greatly impacting the number of potential loans. 16 Honorable Mayor and City Council September 12, 2011 Page 4 FINANCIAL IMPACT The application limit for CDBG Housing Rehabilitation is $400,000. The three IGA partners are able to document need in their communities to support submission of an application for the limit. Of the grant amount, IFA allows up to 20% of grant funds, or $80,000, to be allocated to the subrecipient for management and administration of the program. This would leave $240,000 in CDBG funds for lending in the City of Woodburn ($320,000 in loan funds minus $80,000 in loan funds for the City of Stayton). In order to make the application as competitive as possible, the City of Woodburn has set aside $15,000 of their previous CDBG fund award for a match. 1000 of the City of Woodburn match funds would be used for lending to homeowners in the City of Woodburn. While the program requires the lead applicant to transfer the responsibility of managing the program to an appropriate non - profit organization, the lead applicant remains responsible for the oversight of the program until close -out of the grant (two years from award), which will require City staff support similar to that provided under the existing contract with VDI for administration of the previous CDBG Housing Rehabilitation program. Attachments Intergovernmental Agreement 17 Intergovernmental Agreement In Support Of a Community Development Block Grant From The 2011 Community Development Block Grant Program Administered By the Oregon Business Development Department, Infrastructure Finance Authority Agreement Title: Support of a Woodburn Housing Rehabilitation Program Community Development Twenty five (25) percent of the awarded grant funds, after accounting for the costs of administration, will be used for loans within the City of Stayton. If the demand for loans from home owners in the City of Stayton is not sufficient to utilize the above - referenced portion of the grant, then the remainder may be used in the City of Woodburn or unincorporated county areas after twelve months from the initiation of the grant program. Counterparts: This agreement may be signed in counterparts and each counterpart will be deemed an original. Copies of all signatures will be provided as part of the grant application and to each signator. Multiple Parties: In the event that one or more of the signatories identified above decline to sign this agreement, it remains sufficient for all other signatories to receive the benefits of the agreement. So Agreed: City of Woodburn Date City of Stayton Date Page 1 of 2 18 Block Grant Application Agreement Date: Executed on Signatory parties: City of Woodburn, City of Stayton, Marion County Agreement: The above signatory parties agree to jointly support a housing rehabilitation program provided through a Community Development Block Grant (CDBG), administered by the Oregon Business Development Department, Infrastructure Finance Authority and recognize the City of Woodburn as the lead agency that will be responsible for applying, receiving and administering the CDBG award. Grant Activity: The purpose of the proposed CDBG is to manage a housing rehabilitation revolving loan fund to provide assistance to low- income homeowners to repair their homes. Constraints: One - hundred percent (100 %) of the benefitted owner - occupied household occupants must have incomes below the federal low- and moderate - income limit (80% of the median family income as adjusted by family size). Only persons who reside within the boundaries of the cities and unincorporated/ nonentitlement county areas of the signatory parties are to receive the housing rehabilitation funding. Valley Development Initiatives will enter into a sub - recipient agreement with the lead agency, City of Woodburn, to manage the housing rehabilitation program. Twenty five (25) percent of the awarded grant funds, after accounting for the costs of administration, will be used for loans within the City of Stayton. If the demand for loans from home owners in the City of Stayton is not sufficient to utilize the above - referenced portion of the grant, then the remainder may be used in the City of Woodburn or unincorporated county areas after twelve months from the initiation of the grant program. Counterparts: This agreement may be signed in counterparts and each counterpart will be deemed an original. Copies of all signatures will be provided as part of the grant application and to each signator. Multiple Parties: In the event that one or more of the signatories identified above decline to sign this agreement, it remains sufficient for all other signatories to receive the benefits of the agreement. So Agreed: City of Woodburn Date City of Stayton Date Page 1 of 2 18 Intergovernmental Agreement In Support Of A 2011 Community Development Block Grant From The United States, Department Of Housing And Urban Development, Administered By The Oregon Business Development Department, Infrastructure Finance Authority Marion County Date This agreement is incomplete if missing page 1. Page 2 of 2 19 OODBUR September 12, 201 1 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: APPROVE LEASE AGREEMENT WITH VERIZON WIRELESS LLC TO LOCATE WIRELESS COMMUNICATION EQUIPMENT ON CITY WATER TOWER AND ADJOINING PROPERTY RECOMMENDATION That Council approve entering into an Option and Site Lease Agreement with Verizon Wireless LLC for use of the City water tower and adjoining property to install wireless communication equipment and authorize the City Administrator to sign said agreement. BACKGROUND Verizon Wireless has requested the opportunity to install wireless communication equipment on the City's water tower to upgrade the level of service currently being provided to the City of Woodburn. Verizon has provided preliminary design information demonstrating how the equipment will be mounted to the water tower and engineering calculations of nominal loadings that the installation will apply to the water tower. City staff has, over a period of several months, worked with Verizon to draft an agreement that is acceptable to Verizon and adequately protects the City. It was necessary for the City Attorney's Office to make numerous changes to Verizon's initial draft. These modifications were made and approved by Verizon and the document is now ready for consideration by Council. DISCUSSION The proposed lease agreement includes a fee of $3,000.00 to be paid to hold a six month option on entering into a lease agreement that will compensate the City $1,275.00 per month or $15,300.00 per year for five years with an annual increase in lease compensation of 2 percent. The lease agreement can be extended for four 5 year periods upon the agreement of both parties. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance —x- 20 Honorable Mayor and City Council September 12, 2011 Page 2 The revenues generated for the use of the water tower are used to offset the maintenance costs of the water tower. The City benefits by wireless providers using the existing water tower by eliminating the need to construct dedicated wireless communication towers in the historic downtown area of Woodburn. The proposed lease agreement is included with this staff report for review. FINANCIAL IMPACT City revenues generated from this option and lease agreement are used to offset the maintenance costs of the water tower. Revenues of the lease will be recorded as lease revenue within the Water Fund (470) and budgeted in ensuing fiscal years. 21 OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT ( "Lease ") is entered into this _day of , 2011, between CITY OF WOODBURN, an Oregon municipal corporation ( "LANDLORD ") and Verizon Wireless (VAW) LLC, a Delaware Limited Liability Company, d /b /a Verizon Wireless ( "TENANT "). NOW THEREFORE, in consideration of the sum of Three Thousand and No /100 Dollars ($3,000.00), to be paid by TENANT to the LANDLORD, the LANDLORD hereby grants to TENANT the right and option to lease said Premises, for the term and in accordance with the covenants and conditions set forth herein. The foregoing payment shall be made by TENANT within forty five (45) days of execution of this Lease. The option may be exercised at any time on or prior to six (6) months after the date of this Lease. If the option has not been so exercised, it shall be automatically extended for one additional period of six (6) months, unless TENANT gives written notice to the LANDLORD of the intent not to extend prior to the end of the initial option period. If the option is extended, TENANT shall make an additional payment of Three Thousand and No /100 Dollars ($3,000.00) to LANDLORD within thirty (30) days of the option being extended. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the lease, if the option is exercised, the LANDLORD decides to subdivide, sell or change the status of the Property or his property contiguous thereto he shall immediately notify TENANT in writing so that TENANT can take steps necessary to protect TENANTS interest in the Premises. This option may be sold, assigned or transferred by the TENANT without any approval or consent of the LANDLORD to the TENANT's principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of TENANT's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communication towers of the TENANT in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Lease may not be sold, assigned or transferred without the written consent of the LANDLORD, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of TENANT or transfer upon partnership or corporate dissolution of TENANT shall constitute an assignment hereunder. If LANDLORD receives, during the option period, any bona fide offer from a third party to lease an interest in and to that portion of the Property occupied by TENANT, or a larger portion thereof, for the purpose of operating and maintaining communications facilities, TENANT shall have the right of first refusal to exercise this option. If TENANT fails to exercise this option within thirty (30) days after receipt of written notice thereof from Page 1 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 22 LANDLORD, LANDLORD may lease the interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. Should TENANT fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated, and LANDLORD shall retain all money paid for the option, and no additional money shall be payable by either parry to the other. LANDLORD shall cooperate with TENANT in its effort to obtain all certificates, permits and other approvals that may be required by any Federal, State or Local authorities which will permit TENANT use of the Premises. LANDLORD shall take no action which would adversely affect the status of the Property with respect to the proposed use by TENANT. The LANDLORD shall permit TENANT, during the option period, free ingress and egress to the Premises to conduct such surveys, inspections, structural strength analysis, subsurface soil tests, and other activities of a similar nature as TENANT may deem necessary, at the sole cost of TENANT. LANDLORD agrees to execute a Memorandum of this Option to Site Lease Agreement which TENANT may record with the appropriate Recording Officer. The date set forth in the Memorandum of Option to Lease is for recording purposes only and bears no reference to commencement of either term or rent payments. Notice of the exercise of the option shall be given by TENANT to the LANDLORD in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted and thereupon the following agreement shall take effect: LAND LEASE AGREEMENT 1. Premises Subject to the following terms and conditions, LANDLORD leases to TENANT a portion of the LANDLORD's water tower (the "Property ") described in the attached Exhibit A. TENANT's use of the Property shall be limited to that portion of the Property together with easements for access and utilities, described and depicted in attached Exhibits B (collectively referred to hereinafter as the "Premises "). 2. Term The initial term of the Lease shall be five years commencing the first day of the month in which notice of the exercise of the option, as set forth above, is effective (the "Commencement Date "), and terminating at midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. However, LANDLORD and TENANT acknowledge and agree that initial rental payment(s) shall not actually be sent by TENANT until thirty (30) days after the exercise of the option is effective 3. Permitted Use The Premises may be used by TENANT only for permitted uses, which are the transmission and reception of radio communication signals and for the Page 2 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 23 construction, installation, operation, maintenance, repair, removal or replacement of the related facilities, tower and base, antennas, microwave dishes, equipment shelters and /or cabinets and related activities. TENANT shall obtain, at TENANT's expense, all licenses and permits required for TENANT's use of the Premises from all applicable government and /or regulatory entities (the "Governmental Approvals ") and may, prior to the Commencement Date obtain a title report, perform surveys, soil tests, and other engineering procedures on, under and over the Property, necessary to determine that TENANT's use of the Premises will be compatible with TENANT's engineering specifications, system design, operations and Governmental Approvals. LANDLORD agrees to reasonably cooperate with TENANT (at no cost to LANDLORD), where required, to perform such procedures or obtain Governmental Approvals. 4. Rent a. Upon the Commencement Date, TENANT shall pay LANDLORD, as rent, the sum of $15,300.00 ($ 1,275.00 per month ( "Rent "). Upon the anniversary of the Commencement Date each year the Rent shall increase by two (2) percent of the preceding year's Rent. Rent shall be payable on the first day of each month in advance to, CITY OF WOODBURN, at LANDLORD's address specified below. b. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason other than a default by TENANT, and all prepaid Rent shall be refunded to TENANT. 5. Renewal TENANT shall have the right to extend this Lease for four (4) additional five (5) year terms ( "Renewal Term "). Each Renewal Term shall be on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless TENANT notifies LANDLORD, in writing, of TENANT's intention not to renew this Lease, at least 90 days prior to the expiration of the term or any Renewal Term. If TENANT shall remain in possession of the Premises at the expiration of this Term or any Renewal Term without a written agreement, such tenancy shall be deemed a month - to -month tenancy under the same terms and conditions of this Lease. 6. Interference TENANT shall not use the Premises in any way which interferes with the existing use or the Property by the LANDLORD, or with any use by another TENANT which use existed at the time that this Lease was executed. The LANDLORD covenants that it will keep the Tower in good repair as required by applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, Page 3 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 24 and requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the American with Disabilities Act and laws regulating hazardous substances). The LANDLORD shall comply with all rules and regulation enforced by the Federal Communications Commission with regard to the lighting, marking, and painting of the Tower. The TENANT shall notify the LANDLORD in writing of any observed deficiency in the repair or maintenance of the Tower. The LANDLORD will respond within 30 days of notification a Tower deficiency. No materials shall be used in the installation of the antennas or transmission lines that will cause corrosion or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any equipment space. The LANDLORD shall provide the TENANT copies of structural analysis reports that are done with respect to the Tower promptly after completion of the same. Upon request of the LANDLORD, TENANT agrees to relocate its equipment on a temporary basis to another location on the Property, hereafter referred to as the "Temporary Relocation ", for the purpose of the LANDLORD to perform maintenance, repair, or similar work at the Property or on the Tower provided: a. The Temporary Relocation is similar to the TENANT's existing location in height and bearing and is fully compatible for TENANT use, with the TENANT reasonable concurrence; b. The Temporary Relocation required once per five (5) year term of the lease agreement; c. TENANT pays all costs incurred by the TENANT for relocating TENANT equipment to the Temporary Relocation and improving the Temporary Relocation so that it is fully compatible for the TENANT use; d. LANDLORD shall provide TENANT at least one - hundred eighty (180) days written notice prior to requiring TENANT to relocate; e. TENANT use of the Property is not interrupted or diminished during the Temporary Relocation and TENANT is allowed, if reasonably determined, to place a temporary installation on the Property during the Temporary Relocation; f. Upon completion of any maintenance, repair, or similar work by the LANDLORD, the TENANT shall be permitted to return to its original location from the Temporary Relocation with all costs being paid by the TENANT. 7. Improvements; Utilities; Access a. TENANT shall have the right, at its expense, to erect and maintain on the Premises communications facilities: antenna poles, antennas, coax, related appurtenances, Page 4 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 25 generator and equipment cabinet(s) or vault(s) as identified on Exhibit B, (collectively the "Antenna Facilities "). LANDLORD's prior consent to the plans and specifications for initial improvements by TENANT shall be required and shall be deemed given as to those items listed in Exhibit B hereto. TENANT shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of TENANT. TENANT shall remove the Antenna Facilities upon termination or expiration of this Lease within 90 days and shall return the Premises to approximate original condition except ordinary wear and tear and shall be liable for any damage caused by such removal. b. TENANT shall, at TENANT's expense, keep and maintain the Premises and improvements now or hereafter located thereon in commercially reasonable condition and repair during the term or any Renewal Term of this Lease. C. TENANT shall separately meter and pay any additional utilities charges due to TENANT's use. TENANT shall have the right to install utilities, at TENANT's expense, and to improve the present utilities on the Premises. LANDLORD hereby grants an easement to permanently place any utilities on or to bring utilities across the Property in order to service the Premises and the Antenna Facilities. Utilities shall be limited to the location shown on the attached Exhibit B and be limited to power, natural gas and fiber and copper telecommunication utilities. d. As partial consideration for rent paid under this Lease, LANDLORD hereby grants TENANT an easement ( "Easement ") for ingress, egress and access (including access as described in paragraph 1) to the Premises adequate to service the Premises and the Antenna Facilities at all times during the term of this Lease or any Renewal Term. Upon thirty (30) days prior written notice, LANDLORD shall have the right, at LANDLORD's sole expense, to relocate the Easement to TENANT, provided such new location shall not materially interfere with TENANT's operations. Any Easement provided hereunder shall have the same term as this Lease. e. TENANT shall have 24- hour -a -day, 7- day -a -week access to Premises at all times during the term of this Lease and any Renewal Term, except during an emergency. For the purpose of this Lease and at LANDLORD's sole determination, an "emergency" is defined as any man -made or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of oil or hazardous materials, disease, blight, infestation, civil disturbance, riot, sabotage and war. LANDLORD shall make reasonable effort to notify TENANT that an emergency exists that would prohibit or limit access to the Premises. 8. Termination Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: Page 5 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 26 a. Upon (fifteen) 15 days written notice by LANDLORD if TENANT fails to cure a default for payment of amounts due under this Lease within that 15 day period; b. Upon thirty (30) days written notice by either parry if the other party commits a non - monetary default and fails to cure or commence curing such default within this thirty (30) day period. C. Upon ninety (90) days written notice by TENANT, if it is unable to obtain, maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval necessary to the construction and /or operation of the Antenna Facilities or TENANT's business; d. Immediately upon written notice if the Premises or Property are destroyed or damaged so as in TENANT's reasonable judgment to substantially and adversely affect the effective use of the Premises. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and TENANT shall be entitled to the reimbursement of any Rent prepaid by TENANT; e. After the second five year term of this Lease or any subsequent Renewal Term, upon two (2) years written notice by LANDLORD if the Woodburn City Council determines in its sole discretion that the public interest so requires termination of this Lease. f TENANT may terminate the agreement at any time upon written notice to the LANDLORD if it determines that the use of the Premises is obsolete or unnecessary in its sole discretion and subject to paying the LANDLORD six (6) month termination fee of the then current rent. 9. Taxes TENANT shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. LANDLORD shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. However, TENANT shall pay, as additional Rent, any increase in real property taxes levied against the Premises (excluding any additional taxes that relate to the period prior to the Commencement Date, i.e. roll -back taxes) which is directly attributable to TENANT's use of the Premises, and LANDLORD agrees to furnish proof of such increase to TENANT. 10. Indemnification TENANT shall defend, indemnify and hold harmless LANDLORD, its officers, agents and employees, from any liability, loss or damage LANDLORD may suffer (including any reasonable attorney's fees and expenses) as a result of claims, demands, actions, suits, costs or damages against LANDLORD of any kind whatsoever in connection with or arising out of (1) any violation of law, ordinance or covenant or condition of this Lease by TENANT, its agents, employees, invitees or visitors or (2) any injury or damage occurring to any person or to property of any kind belonging to any person while on or in any way connected with any portion of the Premises during the term of this Lease which results from or is caused by TENANT's use of the Premises, except for any loss or damage caused to Page 6 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 27 TENANT or others or to property of LANDLORD, TENANT, or any other person as a result of the negligence or willful acts of LANDLORD, its officers, agents or employees. TENANT shall give LANDLORD prompt notice in case of casualty or accidents on the Premises. TENANT, as a material part of the consideration to LANDLORD, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause other than resulting from negligence or willful acts of LANDLORD, its officers, agents and employees. 11. Limitation of Liability Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 12. Insurance TENANT shall maintain public liability and property damage insurance including automobile liability insurance and a fire legal liability endorsement, that includes LANDLORD and its officers, agents and employees as additional insureds as relates to risks, claims, demands, actions and suits for damage to property including, but not limited to, cracking or breaking of glass, or personal injury, including death, arising directly or indirectly from TENANT's activities. The insurance shall provide coverage commercial general liability for not less than $2,000,000 for each occurrence, and $4,000,000 aggregate. The limits of the insurance shall be subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the terms of this Lease. The insurance shall be without prejudice to coverage otherwise existing and shall list as additional insureds LANDLORD and its officers, agents and employees. Notwithstanding the listing of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been listed as insured. The insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to the City Recorder. TENANT agrees to maintain continuous, uninterrupted coverage for the duration of the Lease. If the insurance is canceled or terminated prior to termination of the Lease, TENANT shall provide a new policy with the same terms. TENANT shall maintain on file with the City Recorder a certificate of insurance certifying the coverage required by this section. Failure to maintain liability insurance shall be cause for immediate termination of this Lease by LANDLORD. LANDLORD shall have the right to increase the limits of insurance coverage required by this Lease during the Lease term in order to match any statutory changes as to the maximum limits of liability on Oregon municipalities. In the event LANDLORD determines that the insurance limits should be increased on this basis, LANDLORD shall provide notice to TENANT of such determination and TENANT shall promptly increase the coverage amounts to comply with the new limits and provide LANDLORD an updated certificate. Under no circumstances shall LANDLORD be responsible for or provide insurance to cover loss or damage of TENANT's equipment or personal property. TENANT shall have the right to self - insure the above - required coverages. Page 7 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 28 13. Notices All notice, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by standard overnight carrier to the following addresses: If to LANDLORD, to: City Administrator, City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 If to TENANT, to: Verizon Wireless (VAW) LLC d /b /a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 14. Quiet Enjoyment LANDLORD warrants that it is in lawful possession of the leased Premises and has the right to lease them. Notwithstanding other provisions in this Lease to the contrary, LANDLORD will defend TENANT's right to quiet enjoyment of the leased premises from the lawful claims of all persons during the lease term and any renewal terms. 15. Assignment This Agreement may be sold, assigned, or transferred by the TENANT, with written notice of the LANDLORD, to the TENANT's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of the TENANT's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of the LANDLORD, which consent will not be unreasonably withheld, conditioned or delayed. No change in stock ownership, partnership interest or control of the TENANT or transfer upon partnership or corporate dissolution of the TENANT shall constitute an assignment hereunder. 16. Hazardous Materials. LANDLORD represents that it has no knowledge of any substance, chemical or waste (collectively, "substance ") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. TENANT shall not introduce or use any such substance on the Property in violation of any applicable law. LANDLORD will be solely responsible for and will defend, indemnify, and hold TENANT, its agents and employees harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup or restoration of the Property with respect to substances from any and all sources other than those substances introduced to the Premises by TENANT. The obligations of this Section 16 shall survive the expiration or other termination of this Lease. 17. Attorney Fees The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney fees and court costs, including appeals, if any. 18. Entire Agreement This Lease constitutes the entire agreement and Page 8 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 29 understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. 19. Cooperation Each parry agrees to cooperate with the other in executing any documents (including a Memorandum of Lease) necessary to protect the other party's rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party. 20. Choice of Law This Lease shall be construed in accordance with the laws of the State of Oregon. 21. Severability If any term of this Lease if found to be invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties intend that the provisions of this Lease be enforced to the fullest extent permitted by applicable law. Accordingly, the parties shall agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them affordable. VERIZON WIRELESS (VAW) LLC D /B /A VERIZON WIRELESS BY: Walter L. Jones, Jr. ITS: Area Vice President Network DATE: CITY OF WOODBURN, OREGON Scott Derickson, City Administrator City of Woodburn Page 9 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 2 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On before me, Notary Public, personally appeared Walter L. Jones, Jr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above Page 10 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 31 STATE OF OREGON ) ) ss. COUNTY OF MARION ) On this day of , 20_, before me, a Notary Public in and for the State of , personally appeared Scott Derickson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that He was authorized to execute the instrument, and acknowledged it as the City Administrator of City of Woodburn, Oregon, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of , residing at My appointment expires Print Name ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page I I - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 32 EXHIBIT "A" Pate 1 of 2 Legal Description The following described property affects Tax LDL 131000 Lots 1, 2, 3, and 4 in Block 5, Woodburn Parking Company'a Addition to Woodburn, excepting right of way of Oregon anti California Railroad acroag the acme as the same was eskabiishad on the twelfth day of August, 1902. Except the following boundries and described proparty agreed by Union Light and power CsOFWany to be c- onvayad to the Oregon and California Railroad Company by memorandum -of agreement made and centered into by and betwoen union Light and power company and the Oregon and California Railroad Company On the twrnty- ninth day of September, 1905, and particularly described in aaia oLgreaftient as follows, to -wit: All of lot numbered 5 in BlorX numbered 6 and alao all of those parts of lots tLumbered 2, 3, and 4 of said Black 6 lying South of a lire drawn e feet portharly from and para11e1 with the center line of a proposed wye track aurveyed and staked out dpon the said Block 6, all ire W00dbUTR Packing CnWany's Addition to Woodburn {a print of which said property and said proposed wye track is attached to said agreement and part thereof, for the purpose of elucidation the above description and laid memorandum of agreement.} need for the above described property is reoorded in Record of Leede of said Marion County, Volume 92, gage 332, on the twenty -ninth day of Marsh, 1906. Also that certain parcel of real property described as follows, to -wit: Beginning at a monument on the Northwest corner cif Block numbered 6 cf Woodburn Vacking Company's Addition to Woodburn thence on a couxse parallel with the main lino of the #outhexn Pacific Company South 41'15" West a diatanoe of 75 feet more or lase to a point 6 fleet distant from and measured at sight angler. to the center line of m proposed wye track staked ou t and located across the paid Alock S; thence Faaterly can a curve to the left on a line parallel with and a feet d,iatant from said center line 60 feet more or Ieaa to an intersection with the South line of lot 2 of said Block 6; thence Northwesterly along the South lines of late 1 and 2 of said Block 6 to th place: of beginning, deed for which is recor6ad in Marion County Record of Deeds, Volume 92, Page 332, on the tw4r my -ninth day of Marsh, 1906. The following described property affects Tax Lot 13200, Beginning at the Southeast corner of the Depot Grounds belonging to the Southern Pacific Railroad Company in Woodburn, Marion County OTeguo; thence south 41 °15' west Lo the Northerly line of that pertain tract of land describe in deed from S. A. ffoefer and w1fo to the city of Woodburn, recorded in Volume, 320, Page 219 of the RCCQZ -4d Of aesda for Marion CountY DregQnt thanc+a westerly along said Hortharly line: to the Eaaterly line of the Southern Pacific Railroad Company's right -of -way: thence lJortberly along the Raottrly line of paid right -of -way to the Southerly lint of the depot Grounds: thence Easterly along said Southerly line to the Plate of Beginning. Page 12 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 33 EXHIBIT "A" Pate 2 of 2 Legal Description The following described property effects Tax Lot 13UO - Reginelijag on the East boundary of the right -of -way of the S.P.R.R. where the North tm;mAndaty cif the county Road leading from Woodburn to the 'dawn of Monitor, in Marion County, Oregon, crosses the said railroad, said County Road tieing 8190 known as Cleveland Stzeet, in Woodburn, ore96n; running thence Hortheaaterly along the Salt tnunda of the 6 ,P.R.R, to the lands of U.U Uaann; the nce on the south boundary of said Dunn's band 100 feet tq tha snttheast corner of oaid lantda; thence along the Heet boundary of the Woodburn Packing Cr panyl8 Addition ko the Town of Woodburn, name being in a southwesterly dire -tivn and parallel to the main line of the S.P,R.R, to the lands of the S .P.R - R .F thence in a ssauthwesterly direotita along the grounds o€ the s.P.R.R. to the Horth boundary of the above mentioned Shiest or road; thence to the place of be:ginnirng , ALSO. Beginning at the Northwest corner of Lot 1, Block 6 in said Woodburn PAeking Company's Addition] tr,enuc North lg West 25 feet to a paint; thence south 41 West 27.60 feet to a point, distant 30 feet North 41 Fast from the SouthweAterly line of said Block 6 as shown on the duly recorded plat of Hoodburn Packing Coimpanyrla Addditi -tiny thence $outheaeterly on a curve to the right having a radius of 241 feat (tangent to said curve at last mentioned paint bears Bouth 78 East and ohoyd of said. curve bearu South 35 WaSt ?..4.29 feet) an arc distance of 21.30 feet to a pointy thence North 41015' Ramt 64.3,5 test to tho point of beginning. Page 13 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 2 EXHIBIT `B" Page 1 of 2 Description of Premises EXHIBIT "B" (PAGE 1 OF 2) DEPICTION OF PREMISES l f f f f r ! f TASK LOT ¢ / TAX L.T • h l #G51W18PE -1S2� 110FT ID WIDE UTIUTY 'bS1W18AB 120001 _ • LEASE R EOFF gNANT'S� d 6 v R { $w E0 4$0 0 CABINETS ti T00 I LEASE AREA FOR S l �1 TAX B-1 ` [ #fl51 W19A8 -133aG f GENERATOR - 176 SO FT ER rTE 20FF WIDE ACCESS 10. ' 1 'O EASEMENT PL T r y #051W BAB (E) PARKING TO PL AREA. �)?, t GRAVEL 5URFA.flE ( e EASE EKT ADCE 5 10FT WIDE UTILITY EASEMENT-_, NOATH a � a ti 1" = 50' -0" Page 14 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 35 EXHIBIT "B" Pate 2 of 2 Description of Premises EXHIBIT "B" (PAGE 2 OF 2) DEPICTION OF PREMISES r TENANT'S ANTENNAS TENANT'S ANTENNAS - MAXIMUM OF THIRTEEN C/L AT 95` -0 "` AGL (13) TOTAL - MOUNTED ON THREE (3) SECTOR FRAMES TENANT'S ANTENNAS, MOUNTING HARDWARE AND COAX TO BE PAINTED TO MATCH TANK TOWER NORTH ELEVATION 1 = 3f] —O err 1� � � I - 7 ) TENANT`S ANTENNAS ".. AGL (", C /LAT9 TENANT'S ANTENNAS - MAXIMUM OF THIRTEEN TENANT'S COAX (13) TOTAL - MOUNTED CABLES - MAXIMUM ON THREE (3) SECTOR OF THIRTEEN (13) FRAMES TOTAL MOUNTED TO INSIDE OF THIS TOWER LEG AND UNDERSIDE OF CATWALK TENANT'S ANTENNAS, MOUNTING HARDWARE AND COAX TO BE PAINTED TO MATCH TANK TOWER SOUTH ELEVATION I" = 3o' —a" Page 15 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 il FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: Verizon Wireless Attn: Northwest Real Estate — M/S 231 15900 SE Eastgate Wad- Bellevue, WA 98008 Space above this line is for Recorder's use. Memorandum of Option and Site Lease Agreement Grantor: Grantee: Legal Description: Assessor's Tax Parcel ID# Reference 9 (if applicable): City of Woodburn, an Oregon municipal corporation Verizon Wireless (VAW) LLC d /b /a Verizon Wireless County of Marion, State of Oregon Official legal description as Exhibit A R109050, R13778, R13775 Page 1 - OPTION AND SITE LEASE AGREEMENT SLM L WSON DwT 17238399v5 0052051- 000032 37 MEMORANDUM OF OPTION AND SITE LEASE AGREEMENT THIS MEMORANDUM OF OPTION AND SITE LEASE AGREEMENT evidences that an Option and Site Lease Agreement ( "Agreement ") was entered into as of 20 by and between City of Woodburn, an Oregon municipal corporation ( "Landlord "), and Verizon Wireless (VAW) LLC d /b /a Verizon Wireless ( "Tenant "), for certain real property located at 106 Broadway Street, Woodburn, in the County of Marion, State of Oregon, within the property of Landlord which is described in Exhibit "A" attached hereto ( "Legal Description "), together with a right of access and to install and maintain utilities, for an initial term of five (5) years commencing as provided for in the Agreement, which term is subject to Tenant's rights to extend the term of the Agreement as provided in the Agreement. IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of Option and Site Lease Agreement as of the day and year last below written. LANDLORD: City of Woodburn, an Oregon municipal corporation By: Name: Title: Date: TENANT: Verizon Wireless (VAW) LLC d /b /a Verizon Wireless By: Walter L. Jones, Jr. Area Vice President Network Date: Exhibit A — Legal Description Page 2 - OPTION AND SITE LEASE AGREEMENT SLM L WSON DNN'T 17238399v5 0052051- 000032 Q LANDLORD ACKNOWLEDGEMENT STATE OF COUNTY OF ss. On this day of , 20_, before me, a Notary Public in and for the State of , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that He /She was authorized to execute the instrument, and acknowledged it as the of City of Woodburn, an Oregon municipal corporation, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of residing at My appointment expires Print Name Page 3 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 W TENANT ACKNOWLEDGMENT CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On before me, Notary Public, personally appeared Walter L. Jones, Jr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Place Notary Seal Above Page 4 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 EXHIBIT A Page 1 of 2 LEGAL DESCRIPTION The following descr�k�ed property affects 'Tax Lo't 13100: Late 1, 2, 3, and 4 in Block 6, woodburn Packing Company °: Addition to Woodburn, exr_epting aright of way of Oregon and California Railroad aaroas the aame, as the name waa established on the twelfth day of Auguot, 1942• Except the following bplindries and described property .agreed by Union Light and power cofnpany tc be conveyed to the Oregon and California Railroad Company by Toemorandum of agreement made and entered into by a:od bwetwmtn union Light and Dower Company and the Oregon and California Railroad Oompsny on the twenty -ninth day of SRpr2mber, 1905, and ,particularly described i,n said agreement as follpwa, to -wit: All of lot numbered 5 in Block numbered 6 and alas all of those paste of lots numbered 3, 3, and 4 *f said Block 6 lying South of a line drawn a fet*t Northerly from and parallel with the center line of a proposed wye track surveyed and staked out upon the said block 6, all in woodburR packing CaMpany's Addition tQ woDdLburn {s print of which siaid property and said proposed wye track is attached to said agreement -anAi part thereof, for the purpose of elucidating the above description and said me - mbrandum of agreement, need for the above described property is recorded in Record of Deeds of said Marion Cwnty Vt5 lum6 92, Page 332, can this twenty -ninth day of March, 1906. Also that certain parcel of real property described as follows, to-wit: Beginning at a monument. on the Northwest comer of Block mumbered 6 of Woodburn Packing Company's Addition to Woodburn] thence on. a couxae parallel with the main lima of the Southern Pacific C ompsay South 41`15" West a distance of 75 feet more or leas to a point B feet distant. from and measured at right angler. to the aenter line of a proposed wye track staked out and located across the said Block 6 ; thence h3aaterlyr a curve to the left Qn a line pAraAiel with and 8 feet distant from said center line 80 feet more or less to an intersection with the South line Df lot 2 of said Block 6; thence Northwesterly along the South lines of iota 1 and 2 of said Black 6 to the place of beginning, deed for which is recorded in marJon County Record of Deeds, VQlvRe 92, Page 332, on the twenty -ninth day of March, 1906. The following described property affects Tax Lot 132001 Beginning at the Southeast corner of the Depot [3roun6a belonging to the Southern Pacific Railroad C�nTupany in Woodburn, Marion County Oregon] thence south 41 °15' Went Lo the Northerly line of thus certain tract of land describe In decd from S. A. Hoefer anti wi #e to tha City of Woodburn, recorded in Volume, 320, Page 219 of the Record of Deana for Marion !County, Oregon{ thence westerly along eaid Northerly line to the Easterly line of the southern Pacific Railroad tvmpanyIa right -of -way; tbeace Psortherlyy along the Easterly line of paid right -of -gray to the $outhtrly line of the Depot Gro,iTids: thence Easterly alorq said Southerly line to the P1aCt of Beginning. Page 5 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 41 EXHIBIT A Page 2 of 2 LEGAL DESCRIPTION The f ollowing dencribed, property affects Tax Lot 13300: geginniYig on the East boundary pf the right -of -way of the S-P�R,R. where the North 1m;�undary of the County Road leading from Woodburn to the °lawn of Monitor, in Marion CtDunty Oregon, erosues the said railroad, said County Koad being ciao known as Cleveland atxee In Woodburn,. Oregon, running thence Northeasterly along the fast bounda of the B. to the lands -of U.G Bunn; thence an the South boundary of said Dunn's lend 1H feet to the Sotthesat corner of said lands; thence along the 'feet boundary of the Woodburn Packing CouaparLy's Addition ko the Town of Woodburn,, same being in a southwesterly direction and parallel to the main line of the E.P.R.R. tv the lands of the S.P.R,R thence in a southwesterly direction along the grounds of the S.P,R.R. to the North b undary of the above mentioned street or roan; thence to the plane of beginning. ALSO; neginn ,ng at the northwest corner of Lot 1, Black 6 in said Wcsodhurn Pat-king Company's Addition, thence North 19 °09' west 25 feet to a point; thence south 41415' went 87.60 feet to a paint, distant 30 feet Hortb 41 0 15' EaSt from the Southwesterly line of said Slcck 5 as shown on the duly xeevrded Plat of Woodburn packing Ccu any's Addititoni thence Southeasterly on a curve to the right having a radius of 241. 7 foot (tangent tlu acid curve at last mentioned point beers south 78 East and chord of said curve bears South 7- 9 East 24.29 fleet) an arc distance of 24.30 feet to a points thence North 41 0 15' Dart 64.25 feet to the point of beginning. Page 6 - OPTION AND SITE LEASE AGREEMENT SLM LAWSON DWT 17238399v5 0052051- 000032 42 .-' W OODBURN September 12, 201 1 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Publics Works Director SUBJECT: ACCEPTANCE OF A PUBLIC RIGHT -OF -WAY DEDICATION 295 HARDCASTLE AVENUE (TAX LOT 051W07DD02200) RECOMMENDATION That Council accept a sixteen foot Public Right -of -Way Dedication granted by Wilbur -Ellis Company, property owners of 295 Hardcastle Avenue in Woodburn, Oregon. BACKGROUND As a condition of City Building Permit B11 -028, Wilbur -Ellis Company was conditioned to provide a sixteen foot Right -of -Way Dedication along the frontage of 295 Hardcastle Avenue (Tax Lot 051 W07DD02200). DISCUSSION The Right -of -Way Dedication is a portion of land measuring 16.0 feet wide by 82.36 feet to 92.29 feet long and is located on the north side of Hardcastle Avenue along the southerly edge of the existing property line at 295 Hardcastle Avenue. The Right -of -Way dedication will allow the construction of any future improvements to meet the requirements of the current transportation system plan. FINANCIAL IMPACT There is no cost to the City for this Right -of -Way Dedication since it was a condition of City Building Permit B1 1 -028. ATTACHMENTS A Copy of the properly signed Right -of -Way Dedication document is attached. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance 43 AFTER RECORDING RETURN TO; City Recorder, Christina Shearer 270 Montgomery Street Woodburn, Oregon 97071 WARRANTY DEED GRANTOR, WILBUR -ELLIS COMPANY, conveys and warrants to GRANTEE, CITY OF WOODBURN, a municipal corporation of the State of Oregon, the hereinafter described real property, free of encumbrances except as specifically set forth herein, situated in Marion County, Oregon. Consideration: The true and actual - consideration for this transfer is Tax Statements: Until a change is re quested, all tax statements shall be sent to the following address: City of Woodburn, 270 Montgomery Street, Woodburn, OR 97071. Person authorized to receive the instrument after recording: Christina Shearer, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. The real property conveyed by this deed is legally described as follows: See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit `B" Sketch of Legal Description which are by this reference incorporated herein THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY 1S SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND Warranty Deed Page 1 of 5 EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATED this lb 1 4 day of August, 2011. WILBUR -ELLIS COMPA Kenneth J. IVI#ping, Vice Pre -sid CORPORATE ACKNOWLEDGEMENT STATE OF OREGON COUNTY OF r ss. The foregoing instrument was acknowledged before me this lA day of August, 2011 by Kenneth J. Manning, as Vice President of Wilbur -Ellis Company, a corporation and the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors; and acknowledged said instrument to be the voluntary act and deed of such corporation. t IAL SEAL IIATLOCK S ARNOLO NOTARY PUBLIC - OREGON COMMISSION NO. 460258 NY IOHNSION EI<PIRES JULY HI lots Warranty Deed Page 2 of 5 NOTARY PUBLIC FOR OREGON My Commission Expires: 45 City of Woodburn 270 Montgomery Street W oodburn, OR 97 ( Grantee's Name and Address) Accepted from on behalf of the City of Woodburn after authorization by its City Council on date City Recorder: Christina Shearer Warranty Deed Page 3 of 5 > XIJI BIT "A" 11ROP081 1) RIGHT -01 -WAY DEDICATION Beginning at the Southeast confer ofthat tract of land conveyed to Donald J Burlingham described in Reel 552, Page 138 Marion County peed Records and being in Section 7, Township 5 South. Mange 1 Wcst. of the Willamette Meridian, City of Woo(lburn, Marion County, Oregon and being on Iltc northerly right -of -way line of W. Hardcastle Avenue; thence North 87 "5{]'00" WnI 92.36 feet along said line to the Southeast corner of that Inlet of land couvcycd to Belinda Weber in Reel 1404, Page 411, Marion County Deed Records; thence Northerly along the easterly line of-aid tract to a point 16.00 fret from the northerly line of llardcastle Avenue, if treasured perpendicular thereto; thence Ewsterly parallel will} said north tine to the easterly lute of said Burlingham Tract; thence. Southerly along slid fi ne, to the point of beginning, Containing 1,401 square feet or land more or less, hearings and distances are based on Msrion Comity Survey Record 32339 PROFESSIONAL - ARIL] SURVEYOR 28401.8 EXPJAATIQK� 171 Warranty Deed Page 4of5 47 TAX LOT 2200 TAX MAP 5 1W 07DD REGISTERED PROFESSIONAL LAD SURVEYOR 0 EGON J E 30, 1$B7 GA Y D. F2 Y 28'10 LS EXPIRATION 12/31/12 WEBER REEL 1404, PAGE 411 BURI.lNGHAM REEL 552, PAGE 138 - / Vr - YfA ✓32.36' N87'59'00 "Yr N W. HARDCASTLE AVENUE DRAINING NO.: RIVERSIDE ENGINEERING CO. DATE: 8/04/11 2015 25TH STREET P•O, BOX 3637 PREPARED FOR AND SALEM, OREGON 97302 PHONE 581 -6362 AT THE REOLIEST OF LOCATION: EXHIBIT "B" 295 W. HARDCASTLE AVE. r m 2010 --042 HARDCASTLE AVE. HIGIT —OF —WAY DEDICATION Warranty Deed Page 5 Of 5 .- W OODBURN September 12, 2011 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic and Development Services SUBJECT: Director's approval of Design Review 2011 -02, located at 106 Broadway Street RECOMMENDATION No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The Council may call up this item for review if it desires. BACKGROUND The applicant, Verizon Wireless / Realcom Associates, LLC, requested a Type II Design Review to attach antennas to the existing City water tank and install associated ground mounted equipment. The project is similar to the antennas and equipment currently located on the tower site. DISCUSSION: None. FINANCIAL IMPACT This decision is anticipated to have no public sector financial impact. Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x_ Honorable Mayor and City Council September 12, 2011 Page 2 1111 1111 E) OTHER ( CA RR E IPMEMP0UN0 ` i R /�� x (E) OTHE t x CARRIER (E) OTHER CARRIER EQUIPMENT COMPOUND \ \ \ \ \\ 1 i EQUIPMENT COMPOUND x� PROPOSED VERELON WIRELESS EQUIPMENT \ \\ �x CABINETS ON 24' x 4' CONCRETE PAD (L) OTHER CARRIER � r EQUIPMENT COMPOUND I RICK EQUIPMENT I �•�/ I BUILDING IIIIIIII I V PROPERLY UNE Simplified site plan with proposed equipment cabinets outlined Elevation drawing of equipment cabinets