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November 9, 2015 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA RC,CWIII ITYOUNCILGENDA OBERT ARNEYOUNCILOR ARD S S,CWIV HARON CHAUBOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD N9,2015–7:00.. OVEMBERPM E M,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: A. City Hall and the Library will be closed on November 11 in observance of Veterans Day. The Aquatic Center will be open normal hours. B.City Hall will be closed November 26and 27for the Thanksgiving Holiday. The Library isclosed on Thanksgiving day.The Aquatic Center will be closed November 24-26. C.The City Council meeting scheduled for November 23is cancelled. The next City Council meeting will take place on December 14, 2015at 7:00 p.m. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5.PROCLAMATIONS/PRESENTATIONS Proclamations: A.College Application Week1 Presentations: A.Auditor’sReport B.MERIT2 C.Woodburn Museum Organizational Plan5 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.** November 9, 2015Council Agenda Page i 6.COMMUNICATIONS . None – This allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. –Items listed on the consentagenda are considered routine 8.CONSENT AGENDA 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 October 26, 201514 Recommended Action: Approve the minutes. B.Woodburn City Council Executive Session minutes of October 17 26, 2015 Recommended Action:Approve the minutes. C.Woodburn Recreation and Park Board minutes of October 13, 18 2015 Recommended Action:Accept the minutes. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS None. –Members of the public wishing to comment on items of general 11.GENERAL BUSINESS 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.Council Bill No. 2991-AResolutionto Sell City Owned Surplus23 Property Located at1750 Park Ave toFarmworker Housing Development Corporation (FHDC)and Authorizing the City AdministratortoSignan Option to Acquire Real Property with FHDC Recommended Action:Adopt the attached resolution authorizing the City Administrator to sign an Option and Purchase Agreement with Farmworker Housing Development Corporation (FHDC) for the sale of City owned property at 1750 Park Ave. B.Municipal Judge Recruitment Committee48 November9, 2015Council Agenda Page ii Recommended Action:That the City Council appoint three Council members to serve on the Municipal Judge Recruitment committee. – These are 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS 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 November9, 2015Council Agenda Page iii 1 Agenda Item November 9, 2015 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Directorof Economic & Development Services SUBJECT: Presentation - MERIT RECOMMENDATION: MERIT is a microenterprise development organization offering services in Woodburn, Salem, Dallas and unincorporated Marion County. No action is necessary. BACKGROUND: One of Council’s key goals is economic development and the establishment of anEconomic Development Department. MERITprovides classes and one-on-one business training to people interested in starting new businesses and/or improving their existing businesses. Partnering with Chemeketa Community College, prospective and established business ownerscan set out on the path to business success. DISCUSSION: MERIT has been in the community providing business services for the past two years. FINANCIAL IMPACT: None - informational only Agenda Item Review:City Administrator __x____City Attorney ___x___Finance __x___ 2 3 4 2018 - ORGANIZATIONAL PLAN, 2015 WOODBURN MUSEUM CITY OF WOODBURN October 8, 2015 5 reviewed at a discussion, we identified critical issues facing the Woodburn Museum. We categorized them as facility, session. Alice follow-up meeting on October 7, 2015, resulting in this revised draft organizational plan. Please review the draft and email your comments to man served as facilitator; based on verbatim meeting notes, she prepared a rough draft organizational plan. This document was On August 29, 2015, volunteers, staff, and other stakeholders of the Woodburn Museum took part in an organizational planning • The group then brainstormed lists of organizational strengths and weaknesses and environmental opportunities and threats. • We discussed current and potential audiences, and brainstormed ideas for an organizational mission statement. • Participants briefly described what is unique and special to each of them about the Woodburn Museum. . ) by Oct. 28 e critical issues. kristin.wierenga@ci.woodburn.or.us staffing/funding, exhibits, programs/theater, engagement, and governance. -selected subgroups, we drafted strategic goals and objectives for th • We discussed the draft goals and objectives as a committee of the whole. 2 6 ortant maintenance items for the building. museum board. -2018: Goal 10 Get the word out to get more people in the door. Together, we identified 12 organizational goals for 2015 Upgrade the building to host 50 occupants. Kristin Wieringa, Recreation Services Manager ( Upgrade all items for maximum usage. Goal 12 Transition the museum committee to a Pursue diverse funding sources. -time staff on payroll. • Through individual work followed by Improve the physical exhibits. Goal 11 Form a museum committee. Recruit more volunteers. xhibits/Programs, Theater Start programming. Use contract labor. Complete imp INTRODUCTION Hire part Engagement Governance The outcome The agenda Funding Facility Staffing • In self Goal 1Goal 2Goal 3Goal 4Goal 5Goal 6Goal 7Goal 8Goal 9 Par E • ••••• 15, e way into a vibrant future. n as needed. The Woodburn Museum will be due for an entirely new ober 7, 20 equire frequent Community members and staff brainstormed elements of a mission statement at the August 29 meeting. At a second meeting on Oct community members and staff continued this discussion and drafted mission and vision statements for the Woodburn Museum. This is a working document, to be reviewed and updated on a regular basis. Objectives, timelines, and responsibilities will r Keep Woodburn on track by preserving the record of where we’ve been, understanding our crossroads, and leading th 3 adjustments; goals should be reviewed at least once a year, and more ofte 7 To be a main attraction in downtown Woodburn. organizational plan in 2018. Draft Mission and Vision The Organizational Plan • Draft mission Draft vision • range term term Timeline Short- Long- - Mid Steve Kreig, Building Official Kristin Wieringa, Recreation Paul Iverson, Fire Chief Services Manager Architect TBD Engineer TBD Who 1.2 Upgrade doors and exits to comply 2.2 Repair water intrusions issues with complaint restrooms 4 8 1.6 Add fire alarm system 1.5 Pest removal program 3.1 Seismic upgrades 1.3 Electrical upgrade 1.4 HVAC upgrade 3.2 Sprinkler system 1.1. Add ADA- 2.1 Repair roof GOALS, OBJECTIVES, AND ACTION PLANS Objectives with code façade ntenance Upgrade all items for maximum Upgrade the building to host 50 Complete important mai items for the building. occupants. GOAL 1GOAL 2GOAL 3 Facility usage. Goals m term Timeline ter Short- Long- Kristin Wieringa, Recreation Kristin Wieringa, Recreation Kristin Wieringa, Recreation RSVP/Beth Faulhaber City of Woodburn Services Manager Services ManagerServices Manager Donna Gramse Who TBDTBD time professional staff under 4.3 Partner with the youth advisory board 4.1. Recruit at senior centers, with help time consultants 4.5 Contact colleges re internships 4.4 Recruit Hispanic and Russian 5 9 4.2 Contact service clubs 5.1 Contract with part- marketing 6.1 Hire part- volunteers Objectives 5 FTE from . time staff on payroll Recruit more volunteers as Use contract labor weekend docents - Hire part GOAL 4GOAL 5GOAL 6 Staffing Goals range term Timeline Short- - Mid Kristin Wieringa, Recreation Kristin Wieringa, Recreation Fundraising Committee TBD Museum CommitteeMuseum Committee Services ManagerServices Manager Who 7.1 Seek grant to hire consultant to help business and community sponsorships, nding, obtain (Sell memberships, seek memorial with fundraising and business plan 6 10 7.2. Fundraise for the museum bequests, seek grant fu Objectives etc.) Pursue diverse funding sources. GOAL 7 Funding Goals rangerangerange termterm Timeline Short-Short- - -- Mid MidMid Alice Parman, Liz White Robert Krueger Volunteers TBDDagmar Kinne David LaDuca TBD Who 9.2 Initiate story theater in the community 8.3 Trilingualize the museum, involving 9.1 Mobilize the museum with traveling 8.1 Exhibit Makeovers workshops and the heritage of Woodburn’s Russian and ion of show presentations to after-school 7 11 interpret 8.2 Collections consultation Latino communities including high schoolers programs, etc. Objectives coaching; Improve the physical exhibits. ibits/Programs, Theater Start programming GOAL 8GOAL 9 Goals Exh exhibits are range improved) (wait until termtermterm Timeline Short-Short-Short- - TBDTBDTBDTBD Mid Assn’s website, Facebook page: Assn’s website, Facebook page: David Piper: projects involving Ricardo Rodriguez: radio spots Link to Woodburn Downtown Link to Woodburn Downtown students, schools, community David Piper: Facebook page Repurpose Donna Gramse’s Anthony Veliz, WDA Anthony Veliz, WDA Kristin Wieringa Donna Gramse t Blas president? president? Pat Hyatt column - service City E Who 10.2 Reach 20% of seniors with News and open houses, library exhibits, reaching 4th 0% of students with flyers at Hispanic/Latino community; radio spots, schools, materials for teachers, projects like a treasure hunt, community service Blast/Out & b presence, residents with materials and guides in through Facebook page/social media, hours, inviting schools for field trips, 10.5 Reach 20% of “unique” visitors About, after hours event, Woodburn % of Hispanic/Latino flyers, communication with schools free admission coupons, downtown 10.4 Reach 20% of other residents Independent, signage at other city 8 Spanish; materials that appeal to View, coffee hours, other events 12 through WCS Visitors’ Center, expanded web presence, E- Facebook/social media, we facilities, mobile exhibits passport/walking map grade teachers 10.1 Reach 20 10.3 Reach 2 Objectives Get the word out to get more people in the door. Engagement GOAL 10 Goals range term Timeline Short- - Mid Volunteers TBDVolunteers TBD Who 12.4 Identify key partners, supporters, and monthly and work with Kristin Wieringa in etc. Provide ongoing support to staff and revitalizing existing documents, studies, 12.3 Explore existing historical studies, in preparation to propose re- institute the museum advisory advisory committee to advance the cause of the Woodburn ff advisory committee tements 12.5 Enlist support and lobby city sta Friends group (501c3 nonprofit), or documents, plans, structure of prior 12.8 Engage in a visioning process setting retreat 11.1 Recruit 5 to 7 people to meet 12.6 Consider forming companion diverse, inclusive 9 affiliating with Woodburn Proud 13 12.2 Adopt mission/vision sta and council as necessary 12.9 Schedule a goal- instituting museum 12.7 Support new with representation Objectives committeecommittee Museum. resources - Re board. 12.1 institute the formal museum advisory committee through a transition with the informal museum m committee n informal Governance committee GOAL 11GOAL 12 Form a museu Goals - Re COUNCIL MEETING MINUTES OCTOBER 26, 2015 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, OCTOBER 26, 2015 CONVENED The meeting convened at 6:30 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor CarneyPresent Councilor LonerganPresent Councilor Schaub Absent Councilor Morris Present Councilor Ellsworth Absent Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Police Chief Russell,Captain Alexander, Public Works Director Scott, Economic and Development Director Hendryx, Human Resources Director Hereford, Finance Director Head, Assistant City Attorney Stuart, Recreation Services Manager Wierenga, Communications Coordinator Horton, City Recorder Pierson EXECUTIVE SESSION 0:00 Mayor Figley entertained a motion to adjourn into executive session under the authority of Lonergan/Morris ORS 192.660(2)(e).… move into executive session. The Council adjourned to executive session at 6:32 p.m. and reconvened at 7:00 p.m. Mayor Figleystated that no action was taken by the Council while in executive session. APPOINTMENTS Lonergan/Alonso Leon … appoint James Floyd to the Planning Commission. The motion passed unanimously. PROCLAMATION Domestic Violence Awareness Month-Walt Beglau, Marion County District Attorney spoke about Domestic Violence Awareness and introduced Jane Downing of the Center for Hope and Safetyand Kim Larson from the District Attorney’s Office. Jane Downing provided information on the Center for Hope and Safety. CONSENT AGENDA 0:14 A. Woodburn City Council minutes of September 28, 2015, B. Off-Premises Liquor Sales License and New Outlet for Guacamole’s Market, C. Building Activity for September 2015, D. Crime Statistics through September 2015. Lonergan/Alonso Leon ... adopt the Consent Agenda. The motion passed unanimously. Page 1 - Council Meeting Minutes, October 26, 2015 14 COUNCIL MEETING MINUTES OCTOBER 26, 2015 PUBLIC HEARING 0:15 A Public Hearing to consider declaration of surplus property.Mayor Figley declared the hearing open at 7:16 p.m. for the purpose of hearing public input on the declaration of surplus property. Public Works Director Scott provided a staff report. No members of the public wished to speak in either support or opposition of the declaration of surplus property. Mayor Figleydeclared the hearing closed at 7:21 p.m. COUNCIL BILL NO. 2990 - A RESOLUTION DECLARING CERTAIN CITY OWNED PROPERTY AS SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATOR TO SOLICIT THE SALE OF SAID PROPERTY Lonergan introduced Council Bill No. 2990. City Recorder Piersonread the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2990 duly passed. CENTENNIAL PARK PLAYGROUND GRANT AGREEMENT 0:21 Morris/Lonergan… Authorize the City Administrator to enter into the attached Local Government Grant Agreement with the Oregon Parks and Recreation Department. The $52,544 grant was awarded for the Centennial Park Playground Project. The motion passed unanimously. REVIEW AND DISCUSS FHDC’S PROPOSAL TO PURCHASE AND DEVELOP 0:22 CITY OWNED PROPERTY LOCATED AT 1750 PARK AVE Assistant City Administrator Row provided a staff report. Mark Wilk, Vice President of FHDC, provided information on the proposal. Councilors asked questions and provided comments on FHDC’s proposal. Mr. Wilk stated that he would like to get a consensus of the Council on whether they are interested in moving forward. Councilor Carney suggested that FHDC include the Council in the process and that he feels this is worthy of pursuing and he supports it. Mayor Figley stated that she supports this as well. Councilor Alonso Leon stated that our community deserves this and she also supports it and that we should move forward. Councilor Lonergan concurred with other Councilors but is uncomfortable with the open ended option and would like to see a finite figure of $350,000. Councilor Morris stated that he supports the project proposal and working out the details and moving forward. City Administrator Derickson asked Mr. Wilk if the Councilor’s comments have satisfied him and given him what he was looking for. Mr. Wilk answered that it has but he would have liked to have heard from the Councilors that are not present at the meeting. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SILVERTON 1:28 Lonergan/Alonso Leon ... authorize the City Administrator to sign an Intergovernmental Agreement (IGA) with the City of Silverton for Structural/Mechanical Inspections and Plan Reviews. The motion passed unanimously. CITY ADMINISTRATOR PRO TEM 1:29 Carney/Alonso Leon …appoint Assistant City Administrator Jim Row as Administrator Pro Tem for the period November 10 through November 30, 2015. The motion passed Page 2 - Council Meeting Minutes, October 26, 2015 15 COUNCIL MEETING MINUTES OCTOBER 26, 2015 unanimously. DIRECTOR APPROVAL OF A RESIDENTIAL ARCHITECTURAL STANDARDS 1:30 SUBSTITUTION; FILE NUMBER RSS 2015-02, LOCATED AT 577 WILLOW Council declined to call this item up for review. CITY ADMINISTRATOR’S REPORT City Administrator Derickson stated that the Citywill received its fourth distinguished budget presentation award. He also announced that on November 2 at 4:00 pm Council is invited to a Meet and Greet with the Chief of Police finalists and that the public is invited to aMeet and Greet that will take place at 6:00 pm. Both of which will take place at thePolice Department Community Room. He added that the interviews will take place on November 2 and 3 and that there will be five different panels made of community members and staff that the candidates will rotate through. MAYOR AND COUNCIL REPORTS 1:35 Councilor Morris reminded people that Daylight Savings time is this Sunday and thanked other Council members for the great discussion. Mayor Figley thanked Kristin and the YAB board for their work on the Mayor’s Ball and added that it was a great time. Councilor Alonso Leon was happy to see our public hearing procedures in Spanish and Russian. ADJOURNMENT 1:56 Morris/Lonergan ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:53 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, October 26, 2015 16 EXECUTIVE SESSION COUNCIL MEETING MINUTES OCTOBER 26, 2015 DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,OCTOBER 26, 2015 CONVENED The Council met in executive session at 6:32 p.m. with Mayor Figley presiding. ROLL CALL Mayor FigleyPresent Councilor Carney Present Councilor LonerganPresent Councilor Schaub Absent Councilor Morris Present Councilor Ellsworth Absent Councilor Alonso Leon Present Mayor Figley reminded those in attendance that information discussed in executive session is not to be discussed with the public. Media Present: Tyler Francke, Woodburn Independent Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Assistant City Attorney Stuart, Public Works Director Scott, Communications Coordinator Horton, City Recorder Pierson The executive session was called: 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 6:59 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page1 – Executive Session, Council Meeting Minutes, October 26, 2015 17 CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes October 13, 20155:30p.m. CALL TO ORDER - 1.at 5:30pm ROLL CALL 2. Position I Ricardo Rodrigues, Member (12/18) Absent Position II Vacant, Student Member (12/15) Vacant Position III Joseph Nicoletti, Board Secretary (12/17) Present Position IV Rosetta Wangerin, Board Chair (12/17) Present Position V Chris Lassen, Member (12/17) Present Position VI Ardis Knauf, Member (12/16) Present Position VII David Piper, Member (12/16) Present Staff Kristin Wierenga, Parks & Rec Manager Present Staff Josh Udermann, Aquatics Manager Present APPROVAL OF MINUTES 3. Minutes from September 8, 2015 Recreation & Park Board unanimously approved. (Piper, Lassen) BUSINESS FROM THE AUDIENCE 4. None NEW BUSINESS 5. a.Park Signs A.Discussion regarding Council goals for unifying park signs in font, shape, materials, etc. Council would like the signs at Centennial, Settlemier, and City Hall to come out and be replaced by a Black Walnut sign similar to the new Legion Park sign. B.Park Board consensus that the Black Walnut style of sign would be preferred. Discussion around proper coating/sealer for the signs and covered protection for the sign (like the one at Legion Park) to preserve the Black Walnut from deterioratingand to help with graffiti cleanup. C.Also discussed refinishing remaining park signs this winter, and replacing the white park signs at Senior Estates Park with the current simple park sign style. D.Piper mentioned the current park signs look very outdated and it would be nice to update them to a more modern design. Members agreed. Discussion regarding replacing park signs with a smaller version of the Black Walnut sign. Nicoletti 18 mentioned it’d be nice to diversify our signs from other park signs and utilizing the Black Walnut sign would do just that. OLDBUSINESS 6. a.Park Project List A.Status of the SDC Methodology Project is that Jim Row has hired a consultant. The next step is for the Park Board to complete one final review of the project list. Once completed it will go before Council for approval, probably in November, and then the consultant will start working on the methodology. B.Wierengawill email the Park Project List out to Park Board so that the Board may have some more time to review and express questions or concerns. Wierenga presented the Park Project List with the following comments/questions by the Park Board. Splash Pad-Park Board supportive of the installation of a splash pad at Centennial Park between the shelter and restroom building, where plumbing and electrical is already in place for the splash pad. Discussed the parking lot flooding several years ago and if there is a way to address drainage issues at the same time the splash pad is installed. Wyffels Park-Board asked for clarification on what “restoration” of the park meant. If that was returning it to a natural state, or re- installing things like playground equipment. Wierengawill clarify what “restoration” means in follow-up email to the Park Board. Sport Court at N. Front Street Park-Board felt a Sport Court would be better suited for the N. Front Street Park, rather than Settlemier Park where something would have to be torn up in order to accommodate the Sport Court. Wierenga noted that while Settlemier improvements were in alater part of the project listing, that is circumstances dictated it could be moved ahead in priority. Development of one park in the SW area of Woodburn, east of I-5 –Park Board discussed current pool of SDC funds, how long it would take for those funds to increase to $1,000,000 again. Brief discussion on current state of the UGB and as it pertains to acquiring additional park property. Irrigation & shelter at Dog Park- Questions as to the increased workload with additional mowing’s once fields are irrigated. Wierengareported that the Dog Park was already on a mowing schedule, but that with irrigation it may increase the frequency of its mowing schedule. Suggested that those residents/park users who advocated for the Dog Park in the past would want to be included in the discussion and perhaps assist with raising funds for Dog Park improvement projects. Discussion on ownership of the property. It is thought the space is on “loan” from the Water 19 Department. Wierenga will check into the ownership of the property. Development of one park in the SE area of Woodburn- Clarification on what the $1,000,000 budgeted covers; which is land purchase and some park development. Addition of a destination or boundless playground-Likely location would be Legion Park. Wierenga shared that a recent grant awarded to the Marion County Health Department includes some exercise equipment for Legion Park. Fencing for baseball fields at Centennial Park-Clarification that the fencing would be around each field in the outfield. C.Wierenga will get clarification on the questions present by the Park Board and will email those answers out to the Board, along with the Park Project List for final review. DIVISION REPORTS FROM DEPARTMENT 7. AQUATICS a. Financial Update - September Expenses –$4375 or 11% lower than 2014 Revenues – $455 or 2% lower than 2014 Attendance – 2700 - 270 less than last year Program Update Swim Lessons – 32 signed up for lessons, same as last year Parents night out – 15 signed up, lots of positive feedback nd 639 in group fitness classes for September, 2 highest month on record th 4Grade Lessons Marketing/Other 1 week free – sorry to see you go postcards, 7 returned, 1 person signed up for 3 month membership Very difficult to fill morning swim instructor needs, lots of advertising and outreach, but very little response Lifeguard class – starts tonight, 8 signed up, 4 showed up Discussion on cardio equipment & group fitness rooms RECREATION & PARKS b. Youth Sports Peewee basketball registration closed and numbers are up fromlast year. Peewee soccer ends this week. Youth soccer and volleyball still going on. Cheer camp was very successful and will do another one in February. 20 Adult Programs Casino trip cancelled due to low numbers. Food cart tour trip was a unique and fun experience. Slappy Cake trip is coming up on October 21. Events Blazer Relay was very successful with hundreds in attendance. Zombie Run coming up on October 17. Mayor’s Charity Ball coming up on October 24. Halloween event coming up on the last weekend of the month. Youth Advisory Board They are doing lots of outreach at a variety of events. They have partnered with the Wooden Shoe to provide Zombies during their fall festival. Received two applications for Park Board student position from YAB students. Adult Sports Men’s Basketball Fall League is under way with 10 teams, a little less than last fall but still a good showing. Museum Applied for the Heritage grant mentioned from last month. Should receive notification in early December. Organizational Plan is close to being finalized and will be presented to council. Starting a museum committee that will meet monthly and likely transition into the Museum Board. PARKS & FACILITIES c. CIP Project List See above Centennial Park Grant funds approved for playground project. Park Signs See above Fiesta Dates selected of August 5-7, 2016. Carnival is secured, sponsorship packet will be going out this month. MAINTENANCE REPORT d. Shootout pieces for Nelson Park are fixed. 21 Bike racks are ordered for the Plaza. A.Requested that Wierengaemail the CIP report out to the Board. Joseph requested a pdf version, and Ardis requested a paper copy. FUTURE BOARD BUSINESS 8. None BOARD COMMENTS 9. Piper- A.None Knauf- B.None Lassen- C.Pleased with the good reports and all the good things going on, with a lot to look forward to with the museum. Nicoletti- D.Ditto Wangerin- E.Lots of good things happening in the community. There is a need for Park Board applications, particularly from adults with young families, since they are often using the Recreation & Parks services. Please be thinking of individuals who could serve on the Board. ADJOURNMENT - 10.6:52pm 22 Agenda Item November 9, 2015 TO:Honorable Mayor and City Council FROM:Jim Row, Assistant City Administrator SUBJECT: Proposal from FHDC to Purchase and Develop City Owned Property Located at 1750 Park Ave RECOMMENDATION: Adopt the attached resolution authorizing the City Administrator to sign an Option and Purchase Agreement with Farmworker Housing Development Corporation (FHDC) for the sale of Cityowned property at 1750 Park Ave. BACKGROUND: On October 26, 2015, the City Council determined 1750 Park Ave is surplus propertyand should be sold.At the same meeting, the City Council discussed an offer from FHDC to purchase the subject propertyand discussed the information presented by staff and FHDC regarding the project’s potential impacts to traffic congestion at the Hwy 214/ Park Ave intersection, City property tax receipts, and crime. The Council expressed general support for FHDC’sproposal and directed staff to continue negotiations with FHDC with the intention of placing an option agreement on the current City Council meeting agenda. : ORIGINAL TERMS OF OFFER FHDC’s original offer, as presented to the City Council on October 26, 2015, proposed a purchase price of $400,000 with a possible reduction of up to $75,000 to defray thecosts associatedwith conducting the following site preparation activities: Conducting the Phase II Environmental Site Analysis; Remediating any discovered environmental contamination, which may include removal of soils and other contaminated materials; Abandoning and removing the water supply well; and Removing existing structures. Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___ 23 Honorable Mayor and City Council November 9, 2015 Page 2 Under FHDC’s original proposal, they wouldpay all costs for site preparation, but wouldseek a purchaseprice reduction if the costs rose above $50,000.FHDC proposedthereduction to proceed as follows: 1.FHDC wouldpayall site preparation costs up to $50,000. Ifcosts did not exceed $50,000 then no reduction of the purchase price would occur; 2.If costs exceeded $50,000 then the purchase price wouldbe reduced up to the next $50,000; 3.If costs exceeded $100,000 no reduction wouldoccur up to the next $25,000. FHDC proposedto not require reduction on this $25,000; 4.If costs exceeded $125,000 then the purchase price wouldbe reduced up to the next $25,000. Through thisoriginal proposal, the City’s net proceeds from the sale would not be fully known until all site preparation costs were incurred, but would be expected to range from $325,000-$400,000. : REVISED OFFER Following the discussion that occurred at the October 26, 2015 CityCouncil meeting, staff and FHDC representatives negotiated simplified purchase terms that are intendedto better define the City’s proceeds from the sale of this parcel. Under this revised offer, FHDC is offering a purchase price of $350,000 provided theCity, at its own expense,abandon the well and remove the associated equipment. This work isestimated to cost $17,000. FHDC agrees to accept financial responsibility for the Phase II Environmental Site Analysis, environmental remediation, and removal of existing structures. FHDC is requesting that the City grant them an option to purchase the property. The Option Agreement will provide them with the ability to conduct the Phase II environmental analysis and begin the process of applying for project financing. Under the option, FHDC would have until August31, 2016 to sign the Purchase and Sale Agreement. Pursuant to the terms of the Option Agreement, should FHDC elect not to exercise its option to purchase thesubjectproperty, the City will agree to reimburse FHDC for the cost of performing the Phase II ESA. If that occurs, the City will accept ownership of the report, which it may utilize to initiate its own environmental remediation efforts. : TIMELINE OF ACTIVITIES 24 Honorable Mayor and City Council November 9, 2015 Page 3 FHDC provided the City with thefollowing anticipated timeline of activities related to the proposed purchase. They are revised from the timeline included in the October 9, 2015 staff report. DateActivity November 9, 2015Council approves option agreement November 13, 2015Option Agreement signed November 16, 2015 –December BeginEnvironmental Phase II testing and 24, 2015other due diligence April 2016Submit application to state for financing Notice of award from state/ Execute August 31, 2016 Purchase Agreement September 2016–February 2017NEPA process March 1, 2017Release Financing Contingency March 2017 –May 2017City to abandon well/ remove equipment Remediateidentified environmental March 2017 –May 2017 hazards May2017Release site prep contingency August2017Close on purchase of property FINANCIAL IMPACT: The net proceeds from the sale of the subject propertypursuant to the terms offered by FHDCwill be $350,000. The City will incur approximately $17,000 in expenses to abandon the well and remove theequipment. 25 COUNCIL BILL NO. 2991 RESOLUTION NO. 2069 A RESOLUTIONTO SELL CITY OWNED SURPLUS PROPERTY LOCATED AT 1750 PARK AVE TO FARMWORKER HOUSING DEVELOPMENT CORPORATION (FHDC) AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN AN OPTION TO ACQUIRE REAL PROPERTY WITH FHDC. on October 26, 2015the City Council declared 1750 Park Ave as WHEREAS, surplus property by Resolution 2068; and ,on October 26, 2015 the City Council received an offer from WHEREAS FHDC to purchase the subject property; and ,the City Council has reviewed the information presented by staff WHEREAS and FHDC regarding the FHDC offer and the project’s potential impacts to traffic congestion at the Hwy 214/ Park Ave intersection, City property tax receipts, and crime; and ,the City Council directed staff to continue negotiations with WHEREAS FHDC with the intention of coming to terms for a purchase agreement for the property; and ,due to the unknown environmental condition of the property, WHEREAS FHDC has proposed obtaining an optionthat would allow time for an environmental review prior to purchase; and ,the City Councilhas determined accepting FDHC’s offer to be in WHEREAS the best interest of City; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the City of Woodburn enter into an Optionto Acquire Real Section 1. Property, a copy of which is affixed hereto as Attachment “A” and by this reference incorporated herein, with FHDC for the sale of City owned surplus real property located at 1750 Park Ave. That the City Administrator is authorized to sign said agreement Section 2. on behalf of the City. Approved as to form: City AttorneyDate Page 1 – COUNCIL BILL NO. 2991 RESOLUTIONNO. 2069 26 Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather PiersonCity Recorder City of Woodburn, Oregon Page 2 – COUNCIL BILL NO. 2991 RESOLUTIONNO. 2069 27 Attachment A Option to Acquire Real Property Option Agreement This Option to Acquire Real Property ("") is made and Effective Date entered into effective the ____ day of _____________ 2015 (“”) by and City between the City of Woodburn, Oregon, anOregon municipal corporation (the "") and the Farmworker Housing Development Corporation an Oregon nonprofit corporation, FHDC or assigns (""). Whereas, the Cityof certain real property located in Woodburn Oregon and Exhibit A Property legally described in hereto,(the ""); and Whereas, FHDCis a nonprofit corporation whose purposes include the ownership, development and operationof housing to serve low income individuals and households; and Whereas, FHDCdesires to develop the Property into approximately 44units of housing to serve low income individuals and households; and Whereas, FHDCintends to use a variety of funding sources to develop the Property, including the utilization ofLow Income Housing Tax Credits and other public funds; and Whereas, to facilitate its application for such financing, it is necessary for FHDC to have this Option Agreement and access to the Propertyduring the Option Term (defined below); NOW, THEREFORE, in consideration of the payment to the City of the sum of Ten Dollars ($10), receipt of which is hereby acknowledged, and such other valuable consideration as the City shall obtain from the proposed development of the Property as low income housing, the City and FHDC agree as follows: 1.The City hereby grants FHDCor its assigns (as set forth in paragraph 6 below), the exclusive option to acquire theProperty upon the terms and conditions set Exhibit B Purchase forth in the Purchase and Sale Agreementattached as hereto(the “ Agreement ”). 2.FHDCmay exercise its option hereunder by executing and delivering to the City on or before 5:00 pm, August 31, 2016,the Purchase Agreement. The period of time between the Effective Date and FHDC’s exercise of the Option is referred to herein Option Term as the “”. 3.During the Option Term,and subject to the requirements of Section 4, below, FHDC may enter and conduct the following activities upon the Property: a.Inspections and investigations including but are not limited to a Phase IIenvironmental assessment,verification of compliance of the Property with FHDC Option 28 Attachment A applicable zoning, building, health and safety laws, regulations and codes, review of agreements affecting the Property, hazardous waste and environmental testing and all necessary, surveys, soils examinations, engineering tests and any other inspections or investigations of the Property. FHDCshall provide the Citywith a minimum of forty-eight (48) hours’ advance written notice before entering the Property for any purpose other than to conduct any invasive inspection, test or examination, or Physical Testing, as defined below. FHDC’s contractors may conduct invasive physical testing, drilling, boring, sampling and removal of, on or through the surface of the Property (or any part or portion thereof) including, Physical Testing without limitation, ground borings (collectively, “”). b. FHDCand its contractors, inspectors and agents will promptly restore any damage caused by any inspections, investigations or tests conducted pursuant to this Option Agreement. FHDCand its agents and contractors may access the Property during the Option Termfor the purpose of inspecting the same. FHDCshall be responsible for the conduct of its employees, agents and contractors and shall indemnify, defend and hold the City harmless from any losses, injuries, damages, claims or expenses, including reasonable attorney’s fees and costs, due to the conduct of FHDCor its employees, agents or contractors or that are due to any inspections, investigations or testing conducted pursuant to this Option Agreement. FHDC’s restoration and indemnity obligations under this Section 3. B. will survive the termination of this Option Agreement. 4. Prior to initiating any work associated with its Phase II environmental Phase II assessment of the Property(“”),FHDC shall deliver to the City for City’s review and approval a proposed scope of work including, without limitation, cost estimates for the work. The City’s approval shall not be unreasonably withheld, conditioned or delayed. Upon completion of the Phase II, FHDC shall provide a copy of the report to the City without any representation or warranty of any nature whatsoever regarding the truth, accuracy or completeness of the Phase II. In the event FHDC does not exercise the Option or otherwise terminates this Option Agreement for any reason,FHDC shall be entitled to reimbursement from Seller for the costs of the Phase II. 5. During the Option Term,the Cityshall not in any way transfer, assign, convey or otherwise encumber its interest in the Propertyand FHDC shall have the exclusive right to acquire the Property.FHDC, in itssole and absolute discretion, may record a Memorandum of Option in the records of Marion County to provide notice of this OptionAgreement. 6. FHDC may assign its interests under this Option Agreement to a limited partnership in which FHDC or anaffiliate is a general partnerupon written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. \[signatures on following pages\] FHDC Option 29 Attachment A Signature Page Option to Acquire Real Property The City of Woodburn, Oregon an Oregon municipal corporation By ____________________________ Date ________________ Its ___________________________ STATE OF OREGON ) ) ss. COUNTY OF MARION ) I certify that I know or have satisfactory evidence that____________ is the person who appeared before me and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ____________________ of City of Woodburn to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:____________. ___________________________ ___________________________(Print Name) Notary Public My appointment expires:_______ FHDC Option 30 Attachment A Signature Page Option to Acquire Real Property Farmworker Housing Development Corporation an Oregon nonprofit corporation By ___________________________ Date ________________ Its____________________________ STATE OF OREGON ) ) ss. COUNTY OF MARION ) I certify that I know or have satisfactory evidence that _________________ __ is the person who appeared before me and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the _____________________ of the Farmworker Housing Development Corporationto be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: __________________. ___________________________ ___________________________(Print Name) Notary Public My appointment expires:_______ FHDC Option 31 Attachment A Exhibit A Legal Description of Property Beginning at the Northwest corner of that certain tract of land from Albert Lenners and Anna Lenners to the City of Woodburn, recorded August 28, 1956, in Vol. 491 and Page 549 of the Deed Records of Marion County, Oregon, which said corner is in the center of Park Avenue in Woodburn, Marion County, Oregon and thencerunning in an Easterly direction along the Northerly boundary of said Lenner's tract 435.60'; thence Northerly and parallel to the center line of Park Avenue 360'; thence Westerly and parallel to the Northerly line of the Lenners land heretofore referred to, 435.60' to the center of Park Avenue; thence Southerly 360' along the center line of said Park Avenue to the place of beginning. EXCEPTING THEREFROM a strip of land 60 feet wide parallel to the southerly border thereof and extending 435.60 feet Easterly from the center line of Park Avenue to be used for street purposes at such time as there is a continuing street open to the East thereof. FHDC Option 32 Attachment A Exhibit B Form of Purchase and Sale Agreement \[see attached\] FHDC Option 33 Exhibit B PURCHASE AND SALE AGREEMENT Agreement THIS PURCHASEAND SALE AGREEMENT (this “”)is entered intoby Seller and between CITY OF WOODBURN, OREGON, an Oregon municipal corporation(“”), andFARMWORKER HOUSING DEVELOPMENT CORPORATION,an Oregon nonprofit Purchaser corporation, and its assigns (“”). WHEREAS, Sellerowns certain real property located at1750 Park Avenue, and legally Exhibit AProperty described on , attached hereto and incorporated herein by reference (the “”); WHEREAS, Purchaser desires to acquire the Property for the ownership, development Project and operation of housing to serve low income individuals and households (“”); WHEREAS, Seller desires to sell the Property to Purchaser upon the terms and conditions set forth herein; WHEREAS, the effective date of this Agreementwill be the date upon which the last of Effective Date the parties hereto has executed this Agreement(the “”), as evidenced by the dates next to the parties’ signatures below. NOW, THEREFORE, in consideration of the mutualcovenants and agreements of Seller Parties and Purchaser (collectively, the “”), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1.Recitals. The foregoing recitals are trueand correct. 2.Purchase Price. The purchase price forthe Property is Three Hundred Fifty Purchase Price”) Thousand Dollars and No/100ths Dollars ($350,000.00) (the “.The Purchase Price shall be payable in full at the Closing by wire transfer or certified or cashier’s check. 3.Site Preparation. Upon waiver or satisfaction of the Financing Contingency (defined a) below), Purchaser shall retain the parties necessary to and shall commence environmental remediation, including remediation of the soils and any hazardous materials on site;as well asdemolition of all buildings on the Site site, but not to include decommissioning of the existing well(“ Preparation ”), which shall be Seller’s responsibility pursuant to Site subsection 3(b) below. For purposes of this Agreement, “ Preparation Costs ” shall be defined to mean all direct and indirect costs of Site Preparation, including the costs for permitting and other regulatory approvals related to the Site Preparation. Upon Purchaser’s waiver or satisfaction of the Financing Contingency, b) Seller shall undertake, at its cost and expense, the decommissioning of the existing groundwater well on the Property and the removal of all well- related equipment, excluding the building housing the welland equipment. 1 FHDC-W OODBURN PA URCHASE GREEMENT 34 Sellershall retain sole ownership of all well-related equipment removed. c) Seller’s work under this subsection shall be initiated during or prior to Purchaser’s Site Preparation at a time mutually agreed upon by the Parties, but in no event prior to satisfaction of Purchaser’s Financing Contingency. Upon Purchaser’s waiver or satisfaction of the Financing Contingency, d) Purchaser shall be responsible for the payment of all Site Preparation Costs, regardless of whether Purchaser terminatesthis Agreement for any reason (other than a default by Seller), incurred up to and including the date of termination.Upon such termination,FHDC shall ensure the site is restored to an equivalent or better condition than existed prior to Purchaser’s entry and pay all costs associated with ensuring that condition. d) Purchaser shall have access to the Property as set forth in Section 7(b) below with respect to the Site Preparation activities identified herein. 4.Water Rights. No water rights are sold, conveyed, or transferred under this Agreement. 5. Deposit.Purchaser will, within five (5)days of the mutual execution of this Agreement, deposit with the Title Company, to be held in escrow, a Deposit in the amount of One Hundredand No/100ths Dollars ($100.00).The Deposit will be fully refundable to Purchaser unless and until the Site Inspection Contingencyis satisfied or waived,at which time the Deposit will become nonrefundable except in the event of Sellerdefault. The Title Company will apply the Deposit to the Purchase Price at Closing. 6.Closing. The consummation of the purchase and sale of the Property (the Closing “”) will take place onthe date that is 90 days following the datePurchaser releases or waives its Site Preparation Contingency or on an earlierdate that is mutually acceptable to the Closing Date Parties. The term “” means the date of Closing. The Closing will be conducted through escrow with the Title Company (it being the intention of the Parties that all closing documentation and funds will be delivered to the Title Company). 7.Contingencies. a.Financing Contingency. Purchaser shall have until March 1, 2017 (the Financing Contingency Period "") to secure financing commitments Financing satisfactory to Purchaser in its sole and absolute discretion (the " Contingency "). If Purchaser fails to notify Seller that this condition is satisfied or waived at or before 5:00 p.m. of the last day of the Financing Contingency Period, then this Agreement shall terminate. If this Agreementis terminated pursuant to this subsection, both Seller and Purchaser shall be released and discharged from all further obligations under this Agreement, the Deposit will be immediately refunded to Purchaser, and the Parties will have no further liability or responsibility to each other, exceptfor the provisions of this Agreementthat expressly survive termination. 2 FHDC-W OODBURN PA URCHASE GREEMENT 35 b.Site Preparation Contingency. Purchaser shall have 90days from and after the satisfactionor waiver of the Financing Contingency to complete Site Site Preparation Contingency Preparation (the “”).Purchaser, its agents and contractors, shallhave the rightto conduct any and all necessary inspections, investigations, equipment staging and work onthe Property pursuant to the terms of this Section 7.b for purposes of conducting the Site Preparation as set forth in Section 3 above.In addition to the Site Preparation itself, such inspections and investigations may include but are not limited to verification of compliance of the Property with applicable zoning, building, health and safety laws, regulations and codes, review of agreements affecting the Property, hazardous waste and environmental testing and all necessary, surveys, soils examinations, engineering tests and any other inspections or investigations of the Property. Purchaser shall provide Seller with a minimum of forty-eight (48) hours’ advance written notice before entering the Property for any purpose other than to conduct the Site Preparation, any invasive inspection, test or examination, or Physical Testing, as defined below. In addition to the Site Preparation itself,Purchaser’s contractors may conduct invasive physical testing, drilling, boring, sampling and removal of, on or through the surface of the Property (or any part or portion thereof) including, Physical Testing without limitation, ground borings (collectively, “”). Purchaser shall be responsible for the conduct of its employees, agents and contractors and shall indemnify, defend and hold the Seller harmless from any losses, injuries, damages, claims or expenses, including reasonable attorney’s fees and costs, due to the conduct of Purchaser or its employees, agents or contractors or that are due to any inspections, investigations or testing conducted pursuant to this Agreement. Purchaser’s restoration and indemnity obligations under this Section 7.b will survive the termination of this Agreement.Once commenced, Site Preparation Costs willbe at the sole expense of the Purchaser. Unless sooner terminated by Purchaser, ifPurchaser does not satisfy or waive this Site Preparation Contingency within 90days of release or waiver of the Financing Contingencyor completion of Seller’s work in decommissioning the groundwater well,whichever is later, this Agreement shall terminate and the Deposit shall be returned to Purchaser. 8.Seller’s Transfer of Property.During the term of this Agreement,Seller will not transfer, assign, convey orotherwise encumber the Property or any interest thereinwithout the prior written consent of Purchaser, which may be given, withheld or conditioned in Purchaser’s Transfer sole and absolute discretion(“”). This Agreementwill survive any Transfer and be binding upon Seller’stransferees, successors, and assigns. 9.Title. a.Title Review. i.Preliminary Commitment.Within ten (10) daysfollowing the 3 FHDC-W OODBURN PA URCHASE GREEMENT 36 Effective Date, Seller will cause the Title Company to issue to Purchaser, at Seller's cost and expense a preliminary commitment (the Preliminary Commitment "") for the Title Policy referred to in Paragraph 9.b. showing the status of title ofthe Property, showing all exceptions and conditions, if any, affecting the Property which would appear in the Title Policy, and committing the Title Company to issue such a Title Policy to Purchaser. The Seller will also cause Title Company to concurrently deliver to Purchaser complete and legible copies of all instruments referred to in the Preliminary Commitment as conditions or exceptions to the title. Seller hereby authorizes and directs the Title Company to furnish to Purchaser the foregoing items. ii.Purchaser's Review.Purchaser shall have ten (10) days after receipt of the Preliminary Commitment and exception documents to notify Seller, in writing, of its approval and disapproval of each exception shown in the Preliminary Commitment. Purchaser's failure to notify Seller that it has disapproved a particular exception shall constitute Purchaser's approval of that exception. Any exception that Purchaser Permitted Exception has approved shall become a “”. Notwithstanding the foregoing, Permitted Exceptionsshall not include Monetary Encumbrances and Seller shall be required to remove “”, which shall be defined to mean (x)any monetary liens, including, without limitation, the liens of any deeds of trust or other loan documents secured by the Property, other than in connection with Purchaser’s financing, or(y)any mechanics’ liens arising out of actions of Seller, expressly excluding mechanics’ liens arising out of the actions of Purchaser or its agents. iii.Seller's Response.Seller shall have ten (10) days after receipt of Purchaser's notice to notify Purchaser, in writing, of its agreement to cure or remove any of the disapproved exceptions. Seller's failure to notify Purchaser that it will cure or remove a particular exception shall constitute Seller's refusal to cure or remove that exception. Seller shall remove or cure by Closing the exceptions it has agreed to remove or cure and the Monetary Encumbrances. iv.Purchaser's Rights.If Seller does not agree to cure or remove all exceptions disapproved by Purchaser, Purchaser shall have ten (10) days from Purchaser’s receipt of Seller’s notice of the same or, if Seller has not provided such notice, then within ten (10) days of the deadline to provide it under Section 9.a.(iii)to notify Seller, in writing, whether it will in its sole discretion, waive such objections and close the transaction or terminate this Agreement. Purchaser's failure to give such notice shall constitute Purchaser's election to waive its objections and close the transaction. In that event, the disapproved exceptions shall become Permitted Exceptions. If Purchaser elects to terminate 4 FHDC-W OODBURN PA URCHASE GREEMENT 37 thisAgreement, Seller shall pay any cancellation fee or other cost of the Title Company, and this Agreementshall terminate and all rights and obligations of the parties shall terminate. v.Updated Title Matters.The foregoing notice and response procedures shall be repeated for any title exceptions first appearing after Purchaser's receipt of the initial Preliminary Commitment, except that if the time period for delivery of any notice extends beyond the Closing Date, such notice and all subsequent notices shall be delivered on or before the Closing Date. b.Title Policy. i.Delivery of Policy.At Closing, Seller will, at its sole cost and expense, cause the Title Company to issue to Purchaser an ALTA extended coverage owner's policy of title insurance, in the amount of the Purchase Price, insuring Purchaser against loss or damage arising from defects in title to the Property other than the Permitted Exceptions (the Title Policy ""). The policy shall contain such endorsements as shall be reasonably requested by Purchaser or its lender. If a survey is required in order to obtain the extended owner's coverage, Purchaser will pay for the survey and also pay for the cost of any endorsements requested by Purchaser. ii.Failure to Deliver Policy.If, at Closing, the Title Company will not insure the title as provided above, Purchaser may either proceed to close despite the lack of required insurance or terminate this Agreement. If Purchaser terminates this Agreement, Seller shall pay any cancellation fee of the Title Company, and this Agreementshall terminate and all rights and obligations of the parties shall terminate. 10.URA.The Partiesacknowledge and agree that (1) Purchaser does not have the power of eminent domain and, therefore, will not acquire the Property if negotiations fail to result in an amicable and voluntaryagreement, and (2)the estimated fair market value of the Property is thePurchasePrice. 11.Seller’s Obligations. Seller shall make all principal and interest payments due under, and comply with each and every covenant and obligation imposed upon the owner of the Property by promissory notes, mortgages, deeds of trust, ground or other leases and any other agreements affecting the Property, or secured by an interest in the Property or any part thereof, and will take any and all action as may be necessary to avoid any default under such agreements. . 12.Warranties a.Seller’s Representations and Warranties. For the purposes of inducing Purchaser to consummate the transactions contemplated hereby.Seller 5 FHDC-W OODBURN PA URCHASE GREEMENT 38 represents and warrants to Purchaser, as of the Effective Date and, except as otherwise set forth herein, as of the Closing Date, that to the best of Seller’s knowledge and belief, the following are true: i.Seller has full power, authority and legal right to execute, deliver and perform this Agreement, and all other documents and certificates contemplated hereby; the Seller has duly authorized the execution, delivery and performance thereof; and has authorized the person executing this Agreement to do so; ii.This Agreementconstitutes the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms; iii.There are no actions, suits, proceedings, orders or investigations pending or, to the best of Seller's knowledge, threatened against or affecting Seller which might adversely affect Seller's performance under this Agreementor the consummation of the transactions contemplated hereby; iv.Except as expressly provided herein, there is not pending or, to the best of Seller's knowledge, threatened (i) condemnation or similar proceedings with respect to the Property or any part thereof, (ii) public improvements in, about or outside the Property which might result in the imposition of any assessment, lien or charge against Seller, the Property or any owner of the Property, or (iii) legal action of any kind or nature, affecting the Property, which would enjoin or restrict the right of Seller to consummate the transactions contemplated hereby. v.None of the following has occurred with respect to the Property or Seller: (i) appointment of a receiver, liquidator, or trustee for the real estate; (ii) institution of any proceeding for dissolution or liquidation; (iii)filing or any petition for bankruptcy, or action toward reorganization; (iv) pending foreclosure or forfeiture action. vi.All taxes and assessments and other governmental or quasi- governmental levies of any kind which are due for payment prior to the Effective Date, the non-payment of which would in any way affect the property or any part thereof, or the Purchaser's title thereto or in any way impose any liability on the Purchaser, have been paid, or shall be paid by Seller, prior to or at the time of Closing, together with all interest and penalties thereon. vii.The Property is not affected by any special assessment, whether or not a lien thereon, which has not or will not be paid in full by Seller prior to the Closing Date, nor does Seller know of any pending or contemplated assessments or similar charges which will affect the 6 FHDC-W OODBURN PA URCHASE GREEMENT 39 Property; and b.Purchaser’s Representations and Warranties. For the purposes of inducing Seller to consummate the transactions contemplated hereby Purchaser represents and warrants to Seller, as of the Effective Date and, except as otherwise set forth herein, as of the Closing Date, as follows: i.Purchaser has full power, authority and legal right to execute, deliver and perform this Agreement, and all other documents and certificates contemplated hereby; the Purchaser has duly authorized the execution, delivery and performance thereof; and has authorized the person executing this Agreement to do so; ii.This Agreementconstitutes the legal, valid and binding obligation of Purchaser, enforceable against Purchaser in accordance with its terms; iii.There are no actions, suits, proceedings, orders or investigations pending or, to the best of Purchaser's knowledge, threatened against or affecting Purchaser which might adversely affect Purchaser's performance under this Agreementor the consummation of the transactions contemplated hereby. c.Survival. The representations and warranties in this section shall survive Closing for a period of twelve (12) months. 13.Closing. a.Seller’s Closing Obligations. At the Closing, Seller shall: Statutory Warranty Deed\] i.Execute, acknowledge and deliver (x) a \[ to the Property subject only to the Permitted Exceptions and (y) such other agreements, documents and instruments as may be necessary to transfer, convey and assign the Property to Purchaser; ii.Deliver to Purchaser, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended, a non-foreign affidavit, stating that Seller is not a foreign person and providing Seller's United States taxpayer identification number; and iii.Deliver to Purchaser such other instruments or documents as may be required pursuant to the provisions hereof or as mutually agreed by counsel for Seller and Purchaser to be necessary to fully consummate the transaction contemplated hereby. . b.Purchaser's Closing Obligations At the Closing, Purchaser shall: 7 FHDC-W OODBURN PA URCHASE GREEMENT 40 i.Deliver to Seller cash or immediately available funds the remainder of the Purchase Price following application of the Deposit; and ii.Deliver to Seller such other instruments or documents as may be required pursuant to the terms hereof or mutually agreed by counsel for Seller and Purchaser to be necessary to fully consummate the transaction contemplated hereby. . c.Allocation of Closing ExpensesThe cost of closing the transaction shall be allocated between Seller and Purchaser as follows: i.Seller shall pay: 1.The premium for the ALTA owner's extended coverage vacant land Title Policy required by Paragraph 9.b.; 2.One-half of the escrow fees of the Title Company; and 3.The real estate excise tax and any other taxes and charges with respect to the transaction. ii.Purchaser shall pay: 1.One-half of the escrow fees of the Title Company; 2.The cost of the Title Policy that exceeds the cost of the ALTA owner’s extended coverage, including the costs of survey if required by the Title Company; and 3.The cost of recording the statutory warranty deed and any other documents that Purchaser may choose to record. iii.All other expenses incurred by Seller or Purchaser with respect to Closing, including but not limited to attorneys' fees, shall be borne and paid exclusively by the party incurring the same unless the parties hereto expressly agree in writing to the allocation of part or all of such expenses to one of the parties. . d.Proration The following items shall be adjusted or prorated between Seller and Purchaser at the Closing, as of the Closing Date: i.Ad valorem, property and/or similar taxes (excluding assessments) for the then current tax year relating to the Property shall be prorated; and ii.All unpaid assessments, if any, existing as of the Closing Date, due 8 FHDC-W OODBURN PA URCHASE GREEMENT 41 and payable before or after such date and applicable to the period of Seller’s ownership of the Property, shall be paid by Seller in cash at the Closing to the assessing entity. . e.Right to Possession At the Closing and as a condition thereto, Purchaser shall have full and unrestricted right to possession of the Property subject only to the Permitted Exceptions. . f.Risk of LossRisk of loss or damage to the Property by condemnation, eminent domain, or similar proceedings (or deed in lieu thereof), or by fire or any other casualty, from the Effective Date through Closing will be on Seller and thereafter will be on Purchaser. Seller will immediately notify Purchaser in writing of any such loss. Purchaser shall notify Seller, in writing, within fifteen (15) days of Purchaser’s receipt of Seller’s notice whether Purchaser shall proceed to Closing. Purchaser's failure to notify Seller that it will proceed to Closing shall constitute notice of disapproval of the loss. If Purchaser disapproves this loss, Seller shall pay any cancellation fee or other cost of the Title Company, and this Agreementshall terminate and all rights and obligations of the parties shall terminate. 14.Assignment.Purchaser may assign its rights and obligations under this Agreementsubject to Seller approval which willnot be unreasonably withheld. Purchaser must notify and request approval by Seller of any such assignment within a reasonable time prior to the Closing and the assigneewillfor all purposes be regarded as Purchaserunder this Agreement. 15.Termination and Remedies. a.Default by Seller. i.Seller's Defaults.Seller shall be deemed to be in default hereunder in the event Seller fails, for a reason other than Purchaser's default hereunder, to meet, comply with, or perform any covenant, agreement or obligation on its part required within the time limits and in the manner required in this Agreement,. ii.Purchaser's Remedies.Unless otherwise specified herein, in the event of default by Seller, Purchaser may elect to (a) terminate this Agreementand receive a return of the Deposit; (b) and obtain reimbursement for all costs paid by Purchaser under Section 2 above, (b)bring suit for its damages, or (c) seek specific performance of this Agreement. b.Default by Purchaser. 9 FHDC-W OODBURN PA URCHASE GREEMENT 42 i.Purchaser's Defaults.Unless otherwise specified herein, Purchaser shall be in default hereunder in the event Purchaser fails, for a reason other than Seller's default hereunder, to meet, comply with, or perform any covenant, agreement or obligation on its part required within the time limits and in the manner required in this Agreement, or there shall have occurred a breach of any representation or warranty made by Purchaser. ii.Seller's Remedies.In the event of a material default by Purchaser hereunder Seller's sole and exclusive remedy shall be to receive from purchaser the Deposit, it being agreed between Purchaser and Seller that the Deposit shall be liquidated damages for a default of Purchaser hereunder because ofthe difficulty, inconvenience and uncertainty of ascertaining actual damages for such default. Receipt of the Deposit shall constitute a waiver of any other remedies Seller may have under this Agreement, at law or at equity. c.Attorneys' Fees. Should either party bring an action to enforce or interpret any of the provisions of this Agreement, or to recover damages for the breach hereof, the prevailing party will be entitled to receive, in addition to any other relief granted, all reasonable attorney's fees and costs expended in connection therewith. 16.Brokerage Commissions. Any brokerage commissions due out of the transactions contemplated herein shall be the sole responsibility of the Seller. Upon closing Seller shall pay any commission due and payable from escrow proceeds. Otherwise, each party agrees to indemnify and hold the other harmless from any commission or claim thereof hereafter made against the other on account of any other broker or finder which the indemnifying party has engaged in connection with the transaction contemplated herein. 17.Entire Agreement.This Agreementsets forth the entire understanding between the Parties with respect to the transactions contemplated herein and supersedes all prior or contemporaneous agreements, oral or written. Neither this Agreementnor any provision hereof may be waived or amended except by an instrument in writing signed by both Parties. 18.Time of the Essence.Time is of the essence in the performance of this Agreement. 19.Survival after Closing. The terms and provisions of this Agreementwill survive Closing and will remain in full force and effect thereafter. 20.Interpretation. Words of any gender used in this Agreementwillbe held and construed to include any other gender, and words of a singular number will be held to include the plural, and vice versa, unless the context requires otherwise. 10 FHDC-W OODBURN PA URCHASE GREEMENT 43 21.Captions. The captions used in thisAgreementare for convenience only and will not be deemed to construe or to limit the meaning of the language of this Agreement. 22.Binding Effect.This Agreementwillbe binding upon and inureto the benefit of the Partiesand their respective heirs, legal representatives, successors and assigns. 23.Notices.All notices to either Party must be in writing and either delivered (i) in person, (ii) by United States certified mail, postage prepaid, (iii) by courier service, postage prepaid, or (iv) by facsimile transmission or electronic mail (email) with confirmed receipt or other evidence of transmission, and sent to the address (or facsimile number) of such Party as set forth below, or such other address (or facsimile number) as either Party may from time to time designate by written notice to the other. If to Purchaser: Roberto Jimenez, Executive Director Farmworker Housing Development Corporation 1274 Fifth St, Suite 1-A Woodburn, OR 97071 If to Seller: City Recorder 270 Montgomery Street Woodburn, OR 97071__________________ All notices willbe deemed given on the date such notice is delivered (or if refused, the date of such refusal) or transmitted by telephone facsimile or email, or on the third business day following the date such notice is mailed in accordance with this section, whichever is applicable. 24.Severability.If one or more of the provisions of this Agreementor any application thereof willbe invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or any other application thereof will in no way be affected or impaired. 25.Applicable Law.This Agreementwillbe governed by and construed in accordance with the laws of the State of Oregon. Venue of any action hereunder willbe in Marion County, Oregon. 26.Calculation of Time. In the event that the date upon which any time period ends or any duty or obligation hereunder is to be performed willoccur upon a Saturday, Sunday, national banking holiday or State of Washington holiday, then, in such event, the time period or the due date for such performance willbe automatically extended to the next succeeding day that is not a Saturday, Sunday, national banking holiday or State of Washington holiday. Except for express reference to “business” days, all time periods willbe deemed to be calendar days. \[Signatures on Following Pages\] 11 FHDC-W OODBURN PA URCHASE GREEMENT 44 The parties have entered into this Purchase Agreement on the date first written above. SELLER: The City of Woodburn, Oregon an Oregon municipal corporation By ____________________________ Date ________________ Its ___________________________ STATE OF OREGON ) ) ss. COUNTY OF MARION ) I certify that I know or have satisfactory evidence that____________ is the person who appeared before me and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ____________________ of City of Woodburn to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:____________. ___________________________ ___________________________(Print Name) Notary Public My appointment expires:_______ 12 FHDC-W OODBURN PA URCHASE GREEMENT 45 PURCHASER: Farmworker Housing Development Corporation an Oregon nonprofit corporation By ___________________________ Date ________________ Its____________________________ STATE OF OREGON ) )ss. COUNTY OF MARION ) I certify that I know or have satisfactory evidence that _________________ __ is the person who appeared before me and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the _____________________ of the Farmworker Housing Development Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: __________________. ___________________________ ___________________________(Print Name) Notary Public My appointment expires:_______ 13 FHDC-W OODBURN PA URCHASE GREEMENT 46 EXHIBIT A Legal Description Beginning at the Northwest corner of that certain tract of land from Albert Lenners and Anna Lenners to the City of Woodburn, recorded August 28, 1956, in Vol. 491 and Page 549 of the Deed Records of Marion County, Oregon, which said corner is in the center of Park Avenue in Woodburn, Marion County, Oregon and thence running in an Easterly direction along the Northerly boundary of said Lenner's tract 435.60'; thence Northerly and parallel to the center line of Park Avenue 360'; thence Westerly and parallel to the Northerly line of the Lenners land heretofore referred to, 435.60' to the center of Park Avenue; thence Southerly 360' along the center line of said Park Avenue to the place of beginning. EXCEPTING THEREFROM a strip of land 60 feet wide parallel to the southerly border thereof and extending 435.60 feet Easterly from the center line of Park Avenue to be used for street purposes at such time as there is a continuing street open to the East thereof. 14 FHDC-W OODBURN PA URCHASE GREEMENT 47 Agenda Item November 9, 2015 TO:Honorable Mayor and City Council through City Administrator FROM:Jim Row, Assistant City Administrator SU BJECT: Municipal Judge Recruitment Committee RECOMMENDATION: That the City Council appoint three Council membersto serve on the Municipal Judge Recruitment committee. BACKGROUND: Municipal Court Judge, Janice Zyryanoff, recently announced her retirement, effective December 31, 2015. Judge Zyryanoff has honorably served the City since March 1981. DISCUSSION: The City’s Human Resources Department is initiating the process of recruiting for a new Municipal Court Judge. Per the City Charter, the Municipal Court Judge is one of three positions appointed directly by the City Council. It is anticipated that the Council members appointed to the recruitment committee will screen and interview applicants and ultimately forward a recommended candidate to the City Council for appointment. FINANCIAL IMPACT: Expenditures related to the employment of the Municipal Court Judge are included in the adopted FY 15/16 budget Agenda Item Review:City Administrator __x____City Attorney ___x___Finance _x___ 48