Agenda 4/28/14
KF,M
CW
ATHRYN IGLEYAYOR
ITY OF OODBURN
TAL,CW1
ERESA LONSO EONOUNCILOR ARD
LE,CWII
ISA LLSWORTHOUNCILOR ARD
CCA
PMC,CWIII
ITYOUNCILGENDA
ETER CALLUMOUNCILOR ARD
JC,CWIV
AMES OXOUNCILOR ARD
FL,CWV
RANK ONERGANOUNCILOR ARD
A28,2014–7:00..
PRILPM
EM,CWVI
RIC ORRISOUNCILOR ARD
CHCC–270MS
ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
3.ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None
Appointments:
A.Budget Commitee1
4.COMMUNITY/GOVERNMENT ORGANIZATIONS
None
5.PROCLAMATIONS/PRESENTATIONS
Proclamations:
None
Presentations:
None
6.COMMUNICATIONS
None.
–
This allows the public to introduce items for
7.BUSINESS FROM THE PUBLIC
Council consideration not already scheduled on the agenda.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at
503-980-6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
April 28, 2014Council Agenda Page i
–Items listed on the consent agenda are considered
8.CONSENT AGENDA
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 April 14, 20142
Recommended Action: Approve the minutes.
B.Woodburn Public Library Board minutes of April 9, 20144
Recommended Action:Accept the minutes.
C.Woodburn Recreation and Park Board minutes ofApril 8, 20146
Recommended Action:Accept the minutes.
D.Crime Statistics through March 20149
Recommended Action:Accept thereport.
9.TABLED BUSINESS
None
10.PUBLIC HEARINGS
None
–Members of the public wishing to comment on items of
11.GENERAL BUSINESS
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.AeroVironment EV Charging Station Agreement14
Recommended Action:It is recommended that the City
Council authorize the City Administrator to enter into a Service
Agreement with AeroVironment, Inc., for the operation of an EV
Charging Station at the Woodburn Memorial Transit Facility.
B.Transit Shelter Easement Acceptance24
Recommended Action:Authorize the City Administrator to
accept on behalf of the City an Easement from Goodwill
Industries of the Columbia Willamette for the construction and
maintenance of a transit bus shelter at 948 N. Pacific Hwy (Tax
Lot 05W17BA00400).
April 28, 2014Council Agenda Page ii
–
These
12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS
are Planning Commission or Administrative Land Use actions that may be
called up by the City Council.
None
13.CITY ADMINISTRATOR’S REPORT
14.MAYOR AND COUNCIL REPORTS
15.ADJOURNMENT
April 28, 2014Council Agenda Page iii
Agenda Item
April 23, 2014
TO:City Council
FROM:Kathy Figley, Mayor
SUBJECT:
Committee Appointments
The following appointment is made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, April 28, 2014. No reply is required if you approve of my decision.
Budget Committee
Position II Zandi Cox
(new appointment)
Position VSharon Schaub
(new appointment)
1
COUNCIL MEETING MINUTES
APRIL 14, 2014
DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
0:00
MARION, STATE OF OREGON, APRIL 14, 2014
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 Ellsworth Present
Councilor Alonso Leon Present
Staff Present:
City Administrator Derickson, City Attorney Shields, Public Works Director
Scott, Economic and Development Director Hendryx, Police Captain Alexander,Police
Captain Garrett, Human Resources Director Hereford,Community Development Director
Row, Urban Renewal Manager Stowers, Communications Coordinator Horton, City Recorder
Pierson
COMMUNITY/GOVERNMENTORGANIZATIONS
Woodburn School District- Chuck Ransom, Woodburn School District Superintendent,
provided a presentation on the Woodburn Schools and the school district’s bond proposal.
PROCLAMATIONS
0:34
A.El Día del Niño
PRESENTATIONS
0:35
Residential Parking: Code Enforcement Presentation- Police Chief Russell provided a
presentation on efforts that will be made to help resolve parking issues. These efforts include
removal of no parking signs downtown, spring cleanup campaign and possible ordinance
revision. City Attorney Shields informed the City Council on the legal requirements of an
ordinance. Councilor Lonergan stated that he supports researching the ordinance revisions.
Councilor Ellsworth concurred. Councilor Cox stated that this is a good start and that
education is an important part of it. He added that he feels that those who receive notice of a
violation should not be given so much time to correct the problem before being cited and that
violation issues should be handled quickly. Councilor McCallum concurred. Councilor
Alonso Leon wanted to be sure that the educational materials are bilingual and Chief Russell
answered that they would be. Councilor Morris stated that he doesn’t think we should spend
any more staff time working on this and we should work with the ordinance we have and we
should focus on crime. Merri Berlin, 167 N. Settlemier, stated that the Historic Woodburn
Neighborhoods Associationwanted to thank Chief Russell and the City Council and let them
know that they appreciate the work that has been done. City Administrator thanked the
Historic Woodburn NeighborhoodsAssociation for working with the City on this.
Page 1 - Council Meeting Minutes, April 14, 2014
2
COUNCIL MEETING MINUTES
APRIL 14, 2014
CONSENT AGENDA
1:28
A.Woodburn City Council minutes of March 24, 2014
B.Appointment as President of the Oregon Association Chiefs of Police (OACP)
Mayor Figley congratulated Chief Russell on being appointed President of the Oregon
McCallum/Ellsworth
Association Chiefs of Police. …adopt the Consent Agenda with
congratulations to Chief Russell. The motion passed unanimously.
WOODBURN DOWNTOWN ASSOCIATION AGREEMENT
1:29
Nikki DeBuse, Woodburn Downtown Association Secretary, provided a hand out that
recapped the 2013 event season and an update on the Woodburn Downtown Association’s
2014 events. Anthony Veliz, Woodburn Downtown Association President,shared the
Woodburn Downtown Association’s vision of building a world class downtown and asked the
Lonergan/McCallum
City to invest $50,000 into the Woodburn Downtown Association. …
authorize the City Administrator to enter into a management agreement with the Woodburn
Downtown Association. The motion passed unanimously.
CITY ADMINISTRATOR’S REPORT
1:43
The City Administrator informed the City Council that he will be in training on Thursday and
Friday. He reported that the second meeting in May falls on Memorial Day and that
historically that meeting gets cancelled. He also informedthe City Council that the City is
purchasing a light meter to measure the brightness of signs. He added that staff will begin
work on the changes to the nuisance ordinance and will be back with the proposed changes
that the Council asked for. Councilor Morris stated that he did not want changes brought back.
MAYOR AND COUNCIL REPORTS
1:45
Councilor McCallum thanked those that purchased bark dust from the Woodburn Kiwanis.
th
Councilor Ellsworth stated that she attended the 50anniversary celebration of the Mustang
at the Woodburn drag strip and sold raffle tickets for the Kiwanis Doernbecher’s cancer
program.
ADJOURNMENT
1:48
Lonergan/Alonso Leon
….meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:48 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson,City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, April 14, 2014
3
CityofWoodburn
CityofWoodburn
PublicLibraryBoardMinutes
PublicLibraryBoardMinutes
April 9, 2014 6:30p.m.
CALL TO ORDER
1.
The meeting was called to order at 6:30p.m.
ROLL CALL
2.
Position I J.D. Mitchoff (12/17) Present
Position II Kristen Matthews (12/17) Present
Position III Nancy Kirksey, President (12/17) Present
Position IV Neal Hawes, Vice-President (12/15) Present
Position V Ian Niktab (12/17) Present
Position VI Phyllis McKean (12/16) Present
Position VII Mason Brown (7/17) Present
MINUTES January 8, 2014
3.
Neal Hawes/JD Mitchoff
Motion to accept the minutes was offered and seconded. The
motion passed unanimously.
BUSINESS FROM THE PUBLIC
4.
None.
BOARD REPORT
5.
None.
OLD BUSINESS
6.
Local Library Card/Passport Card Update
John Hunter
Hunter provided statistics regarding the adoption of two types of cards that have been
implemented in the last few years to expand access to library materials. The Passport
Card, which was endorsed by the Board in 2013, allows patrons to use their CCRLS card
to obtain free library service at other participating libraries. Similarly, patrons from other
Passport libraries may use their card to obtain a free CCRLS card. In the first year, 13
Passport cards were issued to patrons from outside Woodburn and those patrons
borrowed a total of 84 items.
grow substantially. The Local card, which was approved by the Board in 2010, has been
much more popular. This card allows residents outside Woodburn to buy expanded
access to materials at the Woodburn library only for a low annual cost. Presently, the
library has 221 Local patrons who collectively have borrowed 11,512 items.
Additionally, these card holders contribute $3,300 in revenue to the general fund
annually. Hunter expects the number of Local patrons to remain stable, and he is gratified
that the program has proven to be popular and perceived as a good value by rural patrons.
4
Family Delinquent Account Policy
John Hunter
Hunter provided an overview of the number of patrons who presently owe money to the
library. In aggregate, the amount is substantial: 7,212 patrons owe a total of $123,794 in
fines. While most folks owe a very small amount, 228 patrons owe an amount over $100.
To guard against abuse of library accounts, the Board approved a Family Delinquent
Account policy that allows the library manger to restrict use of library cards within a
family where there is an obvious pattern of abuse. Recently CCRLS increased the amount
of money required to suspend an account from $5 to $10, and the amount to send an
account to collections from $35 to $50.
Neal Hawes/Kristen Matthews
Hunter requested a motion to re-endorse the policy
and to amend it to incorporate the new CCRLS dollar amounts. The motion was offered
and seconded. The motion was unanimously approved. Matthews asked if the library
offers programs that allow folks to decrease their fines; Hunter indicated that the library
t
NEW BUSINESS
7.
None.
MANAGER REPORTS
8.
Library Statistics October-December2013
John Hunter
Quarterly statistics indicated a small decrease in the number of visitors to the library.
Circulation was mixed, being lower in January and February but higher in March. Some
attrition in circulation may owe to increased use of Library2Go e-books and
downloadable audiobooks. Library2Gocirculation isaddedat the end of the fiscal year
only and is not counted in monthly totals. Librarians are offering more programs, and
generally program attendance is higher. Some youth program attendance suffered from a
decrease in visits to local preschools.
Board Question and Answer
Matthews requested an update regarding the creation of a coffee concession at the
library. Hunter responded that the option is no longer being considered. The last
chance of an operation through the Oregon Commission for the Blind was deemed
by them not to be financially viable.
Mitchoff requested an update on the new Kindle Lending Program. Hunter
responded that the program is building slowly, but that all the devices are
circulating.
FUTURE BOARD BUSINESS
9.
Next scheduled meeting is July 9, 2014
ADJOURNMENT
10.
J.D. Mitchoff / Neal Hawes
Motion to adjourn meeting and seconded at 7:13 p.m.
5
CityofWoodburn
CityofWoodburn
RecreationandParkBoardMinutes
RecreationandParkBoardMinutes
April 8, 2014 5:30p.m.
CALL TO ORDER
1.
The meeting was called to order at 5:30 p.m.
ROLL CALL
2.
Position I Ricardo Rodriguez, Member (12/14) Present
Position II Sofie Velasquez (12/14) Absent
Position III Joseph Nicoletti, Board Secretary (12/17) Absent
Position IV Rosetta Wangerin, Board Chair (12/17) Present
Position V Chris Lassen, Member (12/17) Present
Position VI Ardis Knauf (12/16) Present
Position VII Gevin Gregory (12/16) Present
APPROVAL OF MINUTES
3.
The minutes from the February 11, 2014 meeting were unanimously approved
(Gregory/ Lassen)
BUSINESS FROM THE AUDIENCE
4.
None
NEW BUSINESS
5.
Recreation Services Manager
Jim announced to the Board that Stu Spence recently accepted the Parks &
Recreation Director position with the City of LaGrande. His last day will be
April 25, and his leaving will pose a significant loss for the City. Jim and
others praised Stu for his contributions to the Woodburn community during
the past six years. His position has already been posted and will also close on
April 25.
OLDBUSINESS
6.
Legion Park Update
Jim presented an updated Legion Park Master Plan, which included two
additional bleachers, a second basketball court, and a shared parking lot
located on the property between the park and the police facility. These
additions were made to the plan as a result of the feedback we received as the
plan was presented throughout the community.
6
DIVISION REPORTS FROM DEPARTMENT
7.
a.AQUATICS
Financial Update
March revenue up 56% from last year (excellent!)
YTD revenue is great
Revenue up nearly 11%
o
Expenses down 1%
o
Program Update
Paint Job Photos
Easter Egg Hunt April 19 at 12pm
Adding locker rentals mid-month - $1.00 per day
New for Summer
Inner Tube Water Polo League
o
ISR Swim Lessons
o
Grants Applied For
State Farm
o
Woodburn Together
o
Spring Break Camps & Trainings
Make a Splash Day Camp –9 students (excellent!)
o
Jr. Lifeguard Program – Cancelled due to no sign ups
o
Swim Instructor Training – 12 students (more than average)
o
Lifeguard Training – 12 students (more than average)
o
Save the date: Easter Egg Hunt April 19 at 12pm
Marketing Update
March Promotion was wildly successful
Class attendance increased 62% from February & up 17% from
o
last March
62% of class attendance from dry land classes (Zumba, Yoga,
o
etc.)
Suit sales up 51% from February & down 2% from last March
o
Summer Out & About due in hand mid-month
b.RECREATION
Youth Sports
This spring we are trying a new youth flag football league and 61 kids signed up.
thth
Not bad for the first year. Games begin April 19. T-Ball begins April 12with
78 players.
AdultSports
This summer we plan to offer a new adult kickball league. Playground games are
making a comeback nationally so we’re going to see if there is interest in
Woodburn.
7
Community Ed Classes
Hosted a successful container/patio gardening class with 6 participants last week.
Also planning more kids cooking classes, preserving salsa class, and youth
babysitting classes this summer.
YouthAdvisory Board (YAB)
YAB intends to lead games and activities for the Day of the Child event April
th
26
. This is a service project they do every year.
Out & About
Final edits are being submitted and the Out & About Summer Activities guide
will be published late April.
Oregon Arts Grant
Unfortunately our funding request has been denied. This funding was for
marketing Woodburn Summer Nights programs.
WSN
Many sponsors are committed to the Woodburn Summer Nights program
including: Woodburn Independent, Wave Broadband, La Pantera, Woodburn
Area Association of Senior Programs, Cascade Park, Mega Foods, Coastal Farm
and Ranch, Hubbard Chev, Fiesta Mexicana, Yes Graphics, Kiwanis, Long Bros,
Purdy’s Car Wash, Hallmark Properties, and Nelson Financial.
Upcoming Events
th
Annual Easter Egg Hunt at Legion Park April 17starting at 5:30pm. A specialthank
you to YAB for setting up and hosting the event.
th
Doggy Treat Hunt at the Centennial Park Dog Park April 18 starting at 5:30pm
including the treat hunt and costume contest.
c.PARKS & FACILITIES
Jim informed the Board that the design work for the current Legion
Park project is almost complete, the project should go out to bid at the
first of May, with construction beginning in early August.
FUTURE BOARDBUSINESS
8.
The Board decided to conduct the annual park tour at 5:30 PM on June 10.
BOARD COMMENTS
9.
Many Board members thanked Stu for his years of service. Gevin announced
that an ivy removal project will take place at Alvah Cowan Park on April 26.
Rosetta discussed her interest in having a mural painted on the south side of
the Aquatic Center.
ADJOURNMENT
10.
The meeting was adjourned at 6:15 p.m.
8
9
10
11
12
13
Agenda Item
April 28, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM:Randy Scott, Public Works Director
SUBJECT:
AeroVironment EV Charging Station Agreement
RECOMMENDATION:
It is recommended that the City Council authorize the City Administrator to enter
into a Service Agreement with AeroVironment, Inc., for the operation of an EV
Charging Station at the Woodburn Memorial Transit Facility.
BACKGROUND:
The Woodburn Memorial Transit Facilitywasselected by the Oregon Department
of Transportation(ODOT) through their Electric Vehicle Corridor Connectivity
Project as a locationfor installation of anelectric vehicle fast charging station
and a level II charging station. The site will beone of twenty-two new locations
developedalong major travel corridorsin Northwest Oregon.
The equipmentbeing installed, for comparison purposes, is onefast charging
stationthat can, depending onconditions and battery type, reach 80% battery
capacity charge in less than10 minutes. The Level II charging stationcan take
anywhere from up to 3 to 8hoursto chargedepending on conditions.
The EV Charging Station Installationof equipment and laboris funded through
ODOT’s TransportationInfrastructure Generating Economic Recovery (TIGER II)
grant funds. The grant expires at the end of this fiscal year. AeroVironment is
ODOT’s contracted firm to supply, install, operate and maintain the charging
stations at the various site locations. The programrequires a host to partner with
ODOT for sites to locate the charging facilities.
DISCUSSION:
With respect to the Woodburn Memorial Transit Facility,In accordance with the
Cooperative Improvement Agreement No. 25169 with the State of Oregon,
through itsDepartment of Transportation, the City of Woodburn is responsible for
Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___
14
Honorable Mayor and City Council
April 28, 2014
Page 2
maintenance and operation of the transit facility, including the electrical
charging station facilities if so installedand is, therefore, acting as the host for the
site.
Contract administration, adhering to grant requirements and funding for the
contract to install the charging equipment is between ODOT and the vendor
AeroVironment. There is no cost to the City acting as the host for the site for the
proposed charging equipment.
There is however cost to the City as the host for the site in additional power usage
charges to the Woodburn Memorial TransitFacility. The additional power cost
based on rough estimates could range from $500 to $3500annually depending
on usage and system demand charges from PGE. The 5% rent fee per the
agreement will not fully cover the additional charge for electric usage, revenue is
only estimated to be about $500 or less per year.
ODOT in conjunction with the construction of the Woodburn Memorial Transit
Facility installed all of the infrastructure, electrical panels, conduits and concrete
pads in preparation of installationofcharging units on the site. The infrastructure
has also been installed to accommodate additional unitsin the future if so
desired.
The Cities agreement with ODOT to maintain and operate the transit facility also
stipulates that the City shall not enter into any third party agreements, such as for
charging of electric vehicles, without obtaining prior approval from the State. The
Service Agreement review processhas taken quitesome time, butthe
agreement hasbeen reviewed by the StateDepartment of Justice, VariousODOT
Divisions, the Vendor AerVironment and Citystaff. The document as attached is
ready for execution once thesignature page is revisedto include ODOT as signer.
FINANCIAL IMPACT:
Per the Service Agreement with AeroVironment, 5% of gross revenues collected
by the vendor will be provided to the Cityto offset the additional electrical cost.
The estimates for additional electric charge could range from $500 to $3500,
Maintenance fund 140.631.4211.5431will be used to fund the charge.
Attachment
Service Agreement with AeroVironment, Inc.
15
SERVICE AGREEMENT
THIS SERVICE AGREEMENT (“Agreement”) dated and effective as of _______________, is between
AeroVironment, Inc., (“AVI”), and the City of Woodburn (“Woodburn”).
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Woodburn leases, from the State of Oregon, acting by and through its Oregon
Land or Property
Department of Transportation (“ODOT”), a parcel of land (“”) located in the City of Woodburn,
(APN:
County of Marion, State of Oregon, commonly known as 2895 Newberg Hwy, Woodburn, OR 97071
052W12AC-04304). The Land is more particularly described in Exhibit A attached hereto. Subject to the
provisions of Paragraph 2 below (“Effective Date), Woodburn hereby authorizes AVI:
Premises
(i) to utilize approximately five hundred seventy (570) square feet of space on the Land (“”) for
AVI’s installation, operation, and maintenance of electrical vehicle charging service facilities on the Premises;
(ii) to have access to the Premises, only over surfaces improved to accommodate ordinary vehicle passage
and parking and over improved curb-cuts, to the extent that access is reasonably necessary to AVI’s installation,
operation, and maintenance of electrical vehicle charging service facilities on the Premises; and
(iii) to use those electric power transmission pathways and/or conduits that are reasonably necessary for
AVI’s installation, operation and maintenance of electrical vehicle charging service facilities on the Premises.
The contours of the Premises, of the authorized access pathways, and of the electrical power transmission pathways
are depicted in Exhibit B, which is attached hereto and incorporated into this Agreement.
Effective
2. Effective Date. This Agreement shall be effective on the date of full execution hereof (“
Date
”). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in
Due Diligence Period
Paragraph 4 below (“”), AVI shall be permitted to enter the Property only for the limited
purpose of making appropriate engineering and boundary surveys and environmental tests, inspections, and other
Investigations and Tests
reasonably necessary investigations (collectively, “”) that AVI may deem necessary or
desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that AVI
determines, during the Due Diligence Period, that the Premises are not appropriate for AVI’s intended use, or if for
any other reason, AVI decides not to commence its use of the Premises, then AVI shall have the right to terminate
this Agreement without penalty upon written notice to Woodburn at any time during the Due Diligence Period and
prior to the Term Commencement Date. Woodburn and AVI expressly acknowledge and agree that AVI’s access to
the Property during this Due Diligence Period shall be solely for the limited purpose of performing the
Investigations and Tests, and that AVI shall not be considered an owner or operator of any portion of the Property,
and shall have no ownership or control of any portion of the Property (except as expressly provided in this
Paragraph 2), prior to the Term Commencement Date.
3. Use. The Premises may be used by AVI exclusively for AVI’s installation, operation, and
maintenance of electrical vehicle charging service facilities on the Premises, including the provision of electrical
vehicle charging services and the operation and maintenance of related support facilities. Woodburn agrees, at no
expense to Woodburn, to cooperate with AVI, in making application for and obtaining all licenses, permits and any
and all other necessary approvals that may be required for AVI’s intended use of the Premises. No signage for
AVI’s installation shall be permitted on the state highway. All other signs are subject to ODOT approval and must
be submitted with plans prepared in accordance with Paragraph 7.1.
4. Term. The term of this Agreement shall commence upon the date AVI begins construction of
the AVI Facilities (as defined in Paragraph 7 below) or twelve (12) months following the Effective Date, whichever
Term Commencement Date
first occurs (“”) and shall terminate on the fifth anniversary of the Term
Term
Commencement Date (“”) unless otherwise terminated as provided herein. AVI and Woodburn, subject to the
prior written consent of ODOT in each instance (which ODOT may grant or withhold in its discretion), may agree to
Rev 03212012
16
Renewal Terms
extend the Term for up to three (3) successive five (5) year periods (“”) on the same terms and
conditions as set forth herein., but shall not extend beyond the term of the City’s agreement with ODOT for use of
the Transit Facility per Cooperative Improvement Agreement No. 25169.
5. Third-Party Beneficiary.ODOT shall constitute a third-party beneficiary of this Agreement.
Subject to this exception, Woodburn and AVI are the only parties to this Agreement and are the only parties
entitled to enforce the terms of this Agreement. Nothing in this Agreement gives, is intended to give, or shall be
construed to give or provide any benefit or right, whether directly, indirectly, or otherwise, to any third person
other than ODOT.
. Within ninety (90) days following the Term Commencement Date and on the
6. Compensation
twenty-fifth day of each month thereafter, AVI shall pay to Woodburn as rent five percent (5%) of gross revenues
Rent
received from electrical vehicle charging services conducted at the Premises (“”) for the previous calendar
month. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated.
Rent shall be payable to Woodburn at 270 Montgomery Street, Woodburn, OR 97071; Attention: Randy Scott.
Woodburn shall be required to provide an accurate and executed W-9 Form and provide a copy to ODOT’s Project
Manager.
7. Improvements. AVI has the right to construct, maintain, install, repair, secure, replace, remove
and operate on the Premises electrical vehicle charging services and facilities, including a freestanding charging
AVI Facilities
station, utility lines, electronic equipment, and supporting equipment and structures therefor (“”). In
connection therewith, AVI has the right to do all work reasonably necessary to prepare, maintain and alter the
Premises for AVI’s operations and to install electric power utility lines connecting the Facilities to electrical services
as needed. All of AVI’s construction and installation work shall be performed at AVI’s sole cost and expense and in
a good and workmanlike manner. Title to the AVI Facilities and any equipment placed on the Premises by AVI
shall be held by AVI or its permitted lenders or assigns and Facilities and equipment installed by AVI shall be
regarded as personal property and not as fixtures. AVI has the right to remove the AVI Facilities at its sole expense
on or before the expiration or earlier termination of this Agreement, and AVI shall repair any damage to the
Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, AVI shall remove
the AVI Facilities from the Property.
7.1 Prior Design Approval by Woodburn and ODOT. Before commencing any
installation or construction work under Paragraph 7 of this Agreement, AVI must submit, to Woodburn and ODOT,
proposed detailed written plans for all construction and installation of improvements, signage and access routes, and
electrical power utility lines for approval by Woodburn and ODOT (Miscellaneous Permits). Woodburn and ODOT
shall not unreasonably withhold approval of the plans, but may exercise discretion to reasonably ensure that all
construction, installation, access and egress, and delivery of electrical power are consistent with the efficient
operation of the Property as a highway-oriented Park and Ride facility, and to assure that implementation of the
plans will comply with all applicable state and Federal Highway Administration limited access freeway regulations
and policies, with any Federal Transit Administration , regulations and policies, and with any transportation
construction or development project adopted in any approved state transportation plan, as well as with any change in
state, federal or local policies, laws or regulations, or receipt of legislative, executive, or administrative directions
that affect the Property.
AVI shall
7.2 Review and Incorporation of Woodburn and ODOT Comments.
coordinate with Woodburn and ODOT staff members as necessary to solicit either approvals of or comments on the
plans submitted to them by AVI and shall revise the proposed plans to incorporate Woodburn’s and ODOT’s plan
review comments into the final plans. AVI shall incorporate any comments from Woodburn and ODOT into the
proposed plans, and return the revised plans to Woodburn and ODOT, within ten (10) business days of AVI’s
receipt of the comments, unless a different timeframe is otherwise agreed to in writing by Woodburn or ODOT.
AVI shall not proceed with any installation or construction activity on the Property without the written approval of
the plans by Woodburn and ODOT.
Rev 03212012
17
7.3 Future Modifications. The requirement for prior Woodburn and ODOT review and
approval of plans shall apply to any future change, remodeling, renovation, or replacement of improvements, access
routes, or electrical power utility lines that require any construction activity or disturbance of the ground on the
Property.
8. Access and Utilities.
8.1 Woodburn shall provide AVI, AVI’s employees, agents, contractors, subcontractors and
assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to AVI.
Woodburn grants to AVI, and AVI’s agents, employees and contractors, a non-exclusive right for pedestrian and
vehicular ingress and egress across the Property, as described in Exhibit B.
8.2 Woodburn shall maintain all access roadways from the nearest public roadway to the
Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
conditions. Woodburn shall be responsible for maintaining and repairing such roadways, at its sole expense, except
for any damage caused by use of such roadways by AVI, its officers, employees, contractors or agents.
9. Termination
9.1 This Agreement may be terminated without further liability on thirty (30) days prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not
be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party
has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This
Agreement may be terminated by AVI without further liability for any reason or for no reason, provided AVI
delivers written notice of termination to Woodburn prior to the Term Commencement Date.
9.2 This Agreement may also be terminated by AVI without further liability on thirty (30)
days prior written notice (i) if AVI is unable to reasonably obtain or maintain any certificate, license, permit,
authority or approval from any governmental authority, thus restricting AVI from installing, removing, replacing,
maintaining or operating the AVI Facilities or using the Premises in the manner intended by AVI; (ii) if AVI
determines that the Premises are not appropriate for its operations for economic, environmental or technological
reasons, or (iii) or AVI otherwise determines, within its sole discretion, that it will be unable to use the Premises for
AVI’s intended purpose.
9.3 If the Parties find that it is mutually beneficial to terminate this Agreement, they may
terminate it at any time by mutual agreement.
9.4 This Agreement automatically shall terminate at any time the Property ceases to be used
as a public Park and Ride facility or ceases to qualify as a Park and Ride facility under any state or federal law,
regulation, rule, or policy.
9.5 Woodburn may terminate this Agreement, immediately upon written notice to AVI or at
such later date as Woodburn may establish in such notice, on the occurrence of any of the following events:
(i) If Woodburn or ODOT fail to receive appropriations, limitations or other expenditure
authority sufficient to allow Woodburn and ODOT, in the exercise of their reasonable administrative
discretion, to continue to administer and support the Property as a public Park and Ride facility;
(ii) If federal, state or local laws, regulations or guidelines are modified or interpreted in such a
way that Woodburn’s or ODOT’s administration or support of the Property as a public Park and Ride facility,
or Woodburn’s continued participation in this Agreement is prohibited;
(iii) If AVI no longer holds any license, permit, or certificate that is required to install, operate,
and maintain AVI’s electrical vehicle charging service Facilities on the Premises; or
Rev 03212012
18
(iv) If AVI institutes or has instituted against it insolvency, receivership or bankruptcy
proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis.
10. Destruction or Condemnation. If the Premises or AVI Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, AVI may elect to terminate this Agreement as of the date of the
damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Woodburn no more than
forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If AVI chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the
actual reduction or abatement of use of the Premises.
11. Restoration of Land and Premises. On the expiration or termination of this Agreement, AVI
shall, at AVI’s expense, remove all improvements and Facilities it installed or constructed on the Land and restore
the Land and Premises to substantially the same condition as existed at the time this Agreement was executed. AVI
must give Woodburn and ODOT no fewer than ten (10) calendar day’s written notice prior to conducting any
removal and restoration work for the purpose of inspecting the premises before and after the removal and restoration
work to ensure AVI’s compliance with this paragraph.
12. Risk of Damage to AVI Facilities. AVI assumes all risks of casualty, damage to, or destruction of
the Premises or AVI Facilities arising out of any cause except the negligence of Woodburn, its officers, agents, or
employees. AVI also assumes all risks associated with any change in law or withdrawal or reduction in ODOT’s
authority or appropriations, limitations, allotments or other expenditure authority that would prevent ODOT, as
determined in the exercise of ODOT’s reasonable administrative discretion, to continue to permit the operation of
the Land as a public Park and Ride facility. Nothing in this Agreement may be construed as permitting any violation
of Article XI, Section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of
the State of Oregon or ODOT.
13. Indemnification. AVI agrees, to the fullest extent permitted by law, to indemnify, defend and hold
harmless Woodburn, the State of Oregon, the Oregon Transportation Commission, ODOT, and their members,
officers, employees, and agents, against any and all claims, actions, losses, damages, liabilities, costs and expenses
of every kind, including reasonable attorney, expert and consultant fees and costs, to the extent arising from, related
to, or in connection with the errors, omissions, or negligent performance of services under this Agreement by AVI or
any of its representatives, officers, directors, employees, agents, consultants, or contractors.
14. Survival. Paragraphs 11, 12, 13, 18.1, and 18.4 of this Agreement shall survive the
expiration or termination of this Agreement.
15. Insurance. AVI shall obtain, at AVI’s expense, the insurance specified in this Paragraph 15
prior to performing any activities under this Agreement and shall maintain that insurance in full force throughout the
Term of this Agreement and any extensions. AVI must obtain all the required insurance from an insurance company
or companies that are authorized to transact the business of insurance and issue coverage in the State of Oregon and
are acceptable to Woodburn. AVI’s required insurance policy or policies under this Paragraph shall include
commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000
(Two Million Dollars) for each occurrence for bodily injury and property damage. The required insurance shall
include Comprehensive General or Commercial General Liability, including personal injury, contractual liability,
products liability, completed operations coverage, and Automobile Liability. Coverage shall be written on an
occurrence basis and must name Woodburn, the State of Oregon, the Oregon Transportation Commission, ODOT, and
their members, officers, employees, and agents, as additional insureds. AVI shall provide proof of the required
insurance as evidenced by a certificate or certificates of insurance approved by Woodburn.
16. Assignment. AVI may assign this Agreement with Woodburn’s and ODOT’s prior written
consent and upon such reasonable terms and conditions as Woodburn and ODOT may require. Any purported
assignment of this Agreement made in violation of this Paragraph 16, whether voluntary, by operation of law, or
otherwise, shall be void and of no effect.
Rev 03212012
19
17. Notices. All notices, 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 for
next-business-day delivery by a nationally recognized overnight carrier to the following addresses:
If to Woodburn, to: If to AVI, to:
City of Woodburn AeroVironment, Inc.
Attn: Randy Scott Attn: Vice President, EV Solutions
181 W. Huntington Dr., Suite 202
270 Montgomery St.
Monrovia, CA 91016
Woodburn, OR 97071
With a copy to:
AeroVironment, Inc.
Attn: General Counsel
181 W. Huntington Dr., Suite 202
Monrovia, CA 91016
18. Miscellaneous.
.
. This Agreement shall be governed by, and construed and enforced
18.1 Applicable Law and Venue
in accordance with, the laws of the State of Oregon without regard to principles of conflicts of law. Any claim,
action, suit or proceeding (collectively, “Claim”) involving AVI, Woodburn, or ODOT that arises from or relates to
this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for
the State of Oregon. In no event shall this Paragraph be construed as a waiver by Woodburn, the State of Oregon, or
ODOT of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity
based on the Eleventh Amendment to the United States Constitution or otherwise, from any Claim or from the
jurisdiction of any court. AVI HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID
COURT.
18.2 Independent Contractor Status.Nothing contained in this Agreement is intended to or may be
construed as creating the relationship of partners, joint-venturers, or any association between AVI and Woodburn, or
a principal/agent relationship. Neither shall the employees, agents, or representatives of either AVI or Woodburn be
considered to be employees, agents, or representatives of the other party. Woodburn cannot and will not control the
means or manner of AVI’s performance under this Agreement. AVI shall be exclusively responsible for
determining the appropriate means and manner of discharging its obligations under this Agreement. AVI is not, and
at no time in the performance of this Agreement shall be, an officer, employee or agent of Woodburn, the State of
Oregon, or ODOT within the meaning of the Oregon Tort Claims Act, ORS 30.260 to 30.302.
18.3 Non-discrimination. AVI agrees not to discriminate against any person or entity on the
grounds of race, religion, color, national origin, sex, marital status, familial status, mental or physical disability,
sexual orientation, gender identity, source of income, or age, in its performance of this Agreement. AVI agrees to
comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
18.4 Access to Records. AVI shall retain, maintain, and keep accessible all records relevant to
this Agreement ("Records") for minimum of six (6) years, or a longer period as may be required by applicable law,
following Agreement termination or full performance, the period required by applicable law following Agreement
termination or full performance, or until the conclusion of any audit, controversy or litigation arising out of or
related to this Agreement, whichever ending is later. AVI must maintain all financial Records in accordance with
generally accepted accounting principles. During this Record-retention period, AVI shall permit Woodburn, ODOT,
the Oregon Secretary of State’s Office and their duly authorized representatives, and the federal government, access
to the Records at reasonable times and places for purposes of examination and copying.
18.5 Severability. If any provision of the Agreement is invalid or unenforceable with respect to
any party, the remainder of this Agreement or the application of such provision to persons other than those as to
Rev 03212012
20
whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
18.6 Entire Agreement. This Agreement constitutes the entire Agreement between the parties,
and supersedes all understandings, offers, negotiations and other leases concerning the subject matter contained
herein. There are no representations or understandings of any kind not set forth herein. Any amendments,
modifications or waivers of any of the terms and conditions of this Agreement must be in writing and executed by
both parties.
. In no event shall either party, its affiliated corporations, officers,
18.7 Limitation of Liability
employees, or any of its subcontractors be liable for any incidental, indirect, special, punitive, economic or
consequential damages, including but not limited to loss of revenue or profits, suffered or incurred by the other party
or any of its agents, including other contractors engaged at the Premises, as a result of this Agreement or the party’s
This limitation does not apply to AVI’s responsibility, under Section 13 of
performance or non-performance.
this Agreement, to indemnify Woodburn, the State of Oregon, the Oregon Transportation Commission,
ODOT, and their members, officers, employees, and agents, to the extent those claims are covered by AVI’s
general liability insurance policy or policies required to cover AVI and the parties covered as additional
insureds under Section 15 of this Agreement. AVI’s indemnification obligation under Section 13 shall not
exceed the $2 million coverage limitation stated in Section 15.
19. This Agreement may be executed in separate counterparts, each of which shall constitute an original
and of which, when taken together, shall constitute one and the same amendment.
20. The individuals signing this Agreement on behalf of AVI and Woodburn represent that they are duly
authorized by Licensee and Licensor, respectively, to execute this Amendment.
WOODBURN: AVI:
City of Woodburn AeroVironment, Inc.
By: By:
Name: Name:
Title: Title:
Date: Date:
Rev 03212012
21
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated ____________________, by and between the City of Woodburn, as Woodburn,
and AeroVironment, Inc, as AVI.
The Land is described and/or depicted as follows:
APN: 052W12AC-04304
Rev 03212012
22
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated ______________, by and between the City of Woodburn, as Woodburn, and
AeroVironment, Inc, as AVI.
The Premises are described and/or depicted as follows:
Notes:
1.AVI may replace this Exhibit with a survey of the Premises once AVI receives it.
2.The Premises shall be setback from the Property’s boundaries as required by the applicable governmental
authorities.
3.The access road’s width will be the width required by the applicable governmental authorities, including
police and fire departments.
4.The locations of any utility easements are illustrative only. The actual locations will be determined by the
servicing utility company in compliance with all local laws and regulations.
Rev 03212012
23
Agenda Item
April28, 2014
TO:Honorable Mayor and City Council through City Administrator
FROM:Jim Row, Community Services Director
SUBJECT:
Transit Shelter Easement Acceptance
RECOMMENDATION:
Authorize the City Administrator to accepton behalf of the City an Easement
from Goodwill Industriesof the Columbia Willamettefor the construction and
maintenance of a transit bus shelterat 948 N. Pacific Hwy (Tax Lot
05W17BA00400).
BACKGROUND:
In 2013, the City was awarded a grant from the Oregon Department of
Transportation (ODOT) for the construction of six transit bus shelters. This will bring
the total number of shelters in Woodburn’ssystem to 12.The new shelters will be
installed at the following locations:
1.1018 N. Boones Ferry Rd
2.1596 Country Club Rd
3.3350 Linda Street
4.Harvard Dr. (near the intersection of Stacey Allison Way)
5.1030 Young St
6.948 N. Pacific Hwy
With the exception of number 6,each of the shelters will be constructed entirely
on City property or within City or ODOT streetrights-of-way. Due to insufficient
right-of-way, the shelter at location number 6 will be located partially on
property owned by Goodwill Industries. As a result, the City negotiated an
easement that provides for theconstruction and maintenance of a bus shelter
with Goodwill.
Since the project involves federal funds, an environmental analysisis requiredby
the National Environmental Policy Act (NEPA). Fortunately, this project should
qualify for a categorical exclusion, which simplifies the review process. The
Agenda Item Review:City Administrator __x____City Attorney __x____Finance ___x__
24
Honorable Mayor and City Council
April 28, 2014
Page 2
process involves a required approval of any easements bythe Federal Transit
Administration, which they have provided. Additionally, Goodwill Industries
representatives have reviewed the easement agreement and have determined
that it is acceptable to them, as written.
DISCUSSION:
The shelter projectis consistent with the 2010 Transit Plan, which recommends
that the City provide high quality transit amenities (benches, shelters,
information, and lighting) –especially at high volumes stops and key
destinations.
Due to the interchange construction related re-routing of the fixed route bus,
the shelters at locations 1 and 2 will not be utilized until the bus returns to its
normal route.
If this item is approved by the Council, City engineering staff will draft the legal
description and related sketch, which will enable the easement to be executed
and recorded.
FINANCIAL IMPACT:
This project is estimated to cost $55,500. It is supported by a $44,400 grant from
the Oregon Department of Transportation, and requires a local match of
$11,100. Matching funds are available in the Transit Fund.
Attachment
Bus Stop/ Shelter Easement Agreement
25
After recording return to:
City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
AGREEMENT AND EASEMENT FOR
BUS STOP/SHELTER AND IMPROVEMENTS
THIS AGREEMENT
is madeeffective , 2014
("Effective Date"),
between City of Woodburn (“CITY”) andGoodwill Industriesof the Columbia Willamette
(“GRANTOR”).
RECITALS:
A.GRANTOR is the owner of the real property commonly known as Tax Lot
051W17BA00400 of Marion County Assessor’s Map No. 51W 17BA, as more fully depicted in
EXHIBIT “A”, attached hereto and incorporated herein by reference (“TL 051W17BA00400”).
B.CITYwishes to site a bus stop and shelter adjacent to the boundary of TL, which
will necessitate the construction and installation of a shelter and pad over a portion of TL, in the
approximate location and manner depicted on the site plan attached hereto as EXHIBIT "B" and
incorporated herein. The exact location of the bus stop is uncertain at this time, but as
constructed it will be approximatelyfifteen (15) feet wideby seven (7) feet deep.
NOW, THEREFORE,
in consideration of the mutual covenants and conditions
contained herein, the parties agree as follows:
Bus Stop and Shelter Easement.
1. In consideration of zerodollars ($0.00) and
other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby
acknowledged, Grantor hereby grants and conveys CITYan easement for a Bus Stop and Shelter
in the location and manner shown in EXHIBIT“B” hereto, and incorporated herein by reference
(“Bus Stop Easement”). CITY has the right to install, use, maintain, repair and replace the Bus
Stop and Shelter within said BusStop Easement atits sole discretion. GRANTOR hereby grants
and acknowledges that the easement described herein shall allow use by the general public for
regular bus and transit purposes.
Maintenance and Repairs.
2.CITY shall maintain and repair at its own expense,
the Bus Stop and Shelter within the Bus Stop Easement, and shall repair and replace any
landscaping on GRANTOR’s property which may be removed or destroyed during construction.
All maintenance, repair and improvements performed with respect to the easements granted
herein shall be completed in a good and workmanlike manner.
Page 1
GoodwillBus Stop/Shelter Easement
26
Term of Easements.
3. Except as provided in this Section 2, the easements granted
herein are for a period of 10 years or the useful life of the Bus Shelter.
Easements Appurtenant.
4.The easements granted herein are appurtenant to the
real properties described herein. It is the intent of the parties that the easements granted herein
shall run with the land. This agreement shall be binding upon and inure to the benefit of the
parties hereto and their successors and assigns.
Further Assurances.
6.The parties agree to cooperate and execute any and all
documents necessary to effectuate the terms of this agreement. At the request of any party, or
their successors in interest, the other parties, or their successors in interest, hereto agree to
execute such documents, statements and certificates as may be reasonably necessary to confirm
or certify the existence and effectiveness of this agreement.
Liability.
7.Grantee shall maintain fire, theft, and liability insurance on said shelter
and agrees to indemnify and hold harmless Grantor and the officers, employees and agents of
Grantor against any and all damages, claims, demands, actions, causes of action, costs and
expenses of whatsoever nature which may result in an injury to or death of any person(s) or from
the loss of or damage to property of any kind or nature, when such injury, loss, death or damage
is due to the act or negligence of Grantee, its officers, agents and employees acting within the
scope of their employment duties or when such loss or damage to person or property is
occasioned by the use of such transit stop/shelter. It is the intention of the parties hereto that the
Grantee shall bear full responsibility for the use and enjoyment of the property and shall hold the
Grantor harmless from any claim of damages to person(s) or premises resulting from the use,
occupancy and possession thereof by the Grantee.
Arbitration.
8. Any controversy or claim arising out of or relating to this
Agreement, including, without limitation, the making, performance, or interpretation of this
Agreement, shall be settled by arbitration inMarion County, Oregon, in accordance with the
Uniform Arbitration Act in ORS Chapter 36. There shall be no right to appeal the decision or
award of the arbitrator for a trial de novo, and the decision of the arbitrator shall be a judgment,
binding upon the parties and entered as a judgment pursuant to ORS Chapter 36. The parties
agree that all facts and other information relating to any arbitration arising under this Agreement
shall be kept confidential to the fullest extent permitted by law. Except as otherwise provided
for herein, the cost of arbitration shall be shared equally between the parties; however, the
prevailing party shall be entitled to recover attorney's fees as provided in Section 8.
Attorney's Fees.
9. If any suit, action or arbitration is filed or commenced by any
party to enforce this Agreement or otherwise with respect to the subject matter of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in
preparation or in prosecution or defense of such suit, action or arbitration as fixed by the trial
court or arbitrator(s), and if any appeal is taken from the decision of the trial court, reasonable
attorney fees as fixed by the appellate court.
Page 2
GoodwillBus Stop/Shelter Easement
27
IN WITNESS WHEREOF,
the parties have set their hands to be effective as of the
Effective Date.
CITY:
By:
(printed name of CITYrepresentative)
(printed title of CITYrepresentative)
STATE OF )
) ss.
County of )
This instrument was acknowledged before me on , 2014 by
as
of the CITY.
Notary Public – State of Oregon
Page 3
GoodwillBus Stop/Shelter Easement
28
IN WITNESS WHEREOF,
the parties have set their hands to be effective as of the
Effective Date.
GRANTOR
By:
(printed name of GRANTORrepresentative)
(printed title of GRANTORrepresentative)
STATE OF OREGON )
) ss.
County of Marion )
This instrument was acknowledged before me on , 2014 by
as
of GRANTOR.
Notary Public – State of Oregon
Page 4
GoodwillBus Stop/Shelter Easement
29
EXHIBIT “A”
Tax Lot 051W17BA00400
Page 5
GoodwillBus Stop/Shelter Easement
30
EXHIBIT “B”
Page 6
GoodwillBus Stop/Shelter Easement
31