February 20, 2018 Special Council Meeting Agenda FIGLEY,MAYOR
HRYN
CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
FRANK LONERGAN,COUNCILOR WARD V
FEBRUARY 20, 2018- 7:00 P.M. ERIC MORRIS,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. GENERAL BUSINESS-Members of the public wishing to comment on items of general
business must complete and submit a speaker's card to the City Recorder prior to
commencing this portion of the Council's agenda. Comment time may be limited
by Mayoral prerogative.
A. Intergovernmental Agreement Establishing Conditions for
Issuance of Building Permits for Construction of Success High
School (attached)
Recommended Action: Via motion authorize the Mayor to sign
the agreement.
4. ADJOURNMENT
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318 at least 24 hours prior to this meeting.
**Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980-2485.**
February 20, 2018 Council Agenda Page i
INTERGOVERNMENTAL AGREEMENT ESTABLISHING CONDITIONS FOR ISSUANCE OF
BUILDING PERMITS FOR CONSTRUCTION OF SUCCESS HIGH SCHOOL
This Intergovernmental Agreement establishing conditions for the Issuance
of remaining Building Permits and final Certificate of Occupancy for
Construction of Success High School ("IGA"), entered into between the City of
Woodburn, an Oregon municipal corporation (the "City"), and the Woodburn
School District (the "School District") is made pursuant to ORS 190.010.
BACKGROUND
A. In April 2017, the School District was granted an order for immediate
possession of a twenty-four (24) foot "access and construction"
easement on property located at 1310-1330 Meridian Dr., Woodburn,
Oregon (the "Dykstra Property") in the course of a condemnation
proceeding initiated by the School District in Marion County Circuit
Court to provide temporary construction, and later permanent access
to the site of the future Success High School.
B. In September 2017, the School District received a land use approval,
with the imposition of required conditions, from the City's Planning
Commission for the development of Success High School.
C. Specifically, the conditions imposed by the Planning Commission
require that for both fire-life safety purposes and, in order to meet the
City's minimum code requirements for vehicular access and onsite
parking, that modifications be made within the parking-lot area of the
Dykstra property, which are outside the 24' easement.
D. The School District is not presently able to make all of these required
fire-life safety/access/parking modifications because they fall outside
the scope and area of the School District's current twenty-four (24) foot
easement; specifically, the School District needs to acquire the legal
authorization to complete the necessary parking modifications on the
Dykstra Property that fall outside the scope and area of the current
easement.
E. The School District, however, represents to the City that it will make its
best efforts to demonstrate it has the legal authority it needs to
complete all of the fire-life safety/access/parking modifications
required by the Planning Commission's land use approval.
F. The City, recognizing the School District's commitment to acquiring the
remaining legal authority and the public purpose involved, has
SUCCESS HIGH SCHOOL BUILDING PERMIT ISSUANCE IGA
City of Woodburn-Woodburn School District Page 1 of 6
granted the School District's request for a grading and foundation
permit, which has allowed the School District since September 2017 to
complete ground-level work at the construction site for Success High
School.
G. The City continues to recognize that the School District has already
undertaken many steps to gain its current easement on the Dykstra
Property and that it continues to pursue numerous avenues to meet
the conditions of approval for the development of Success High
School.
H. The City has furthermore, by the execution of this IGA, made a
determination that due to the significant public importance tied to the
timely completion of Success High School, and in the interest of
fostering this project to completion, it will issue the School District's
remaining building permits under a set of specific conditions that are
intended to both accommodate the construction schedule for the
needed new high school and also ensure adequate protection for the
public in regard to the continued fire-life safety access issue.
I. The purpose of this IGA is to establish the terms and conditions under
which the City shall issue building permits to the School District for
construction of Success High School, as well as delineate the
parameters under which the School District will be able to secure a
final Certificate of Occupancy for the building at its completion.
J. Both the School District and the City understand and agree that the
execution of this IGA is only an interim measure to accommodate
school construction and that the School District, during the period of
school construction intends to acquire the remaining legal authority it
needs to complete all of the fire-life safety/access/parking
modifications required by the Planning Commission's land use
approval so that the City can grant a final Certificate of Occupancy.
NOW THEREFORE, the Parties agree as follows:
AGREEMENT
1 . Building Permit.
1 .1 . Issuance. In consideration of the specific conditions assumed
and agreed to in this IGA, The City shall immediately issue the School
District's permits necessary for the construction of the Success High
School structure.
SUCCESS HIGH SCHOOL BUILDING PERMIT ISSUANCE IGA
City of Woodburn-Woodburn School District Page 2 of 6
1 .2. Limitation of Permits. The School District acknowledges that the
City's issuance of building permits does not itself authorize or permit the
School District to enter upon or complete modifications or
improvements on the Dykstra Property. The building permits will only
authorize vertical construction work of the Success High School facility
on the School District's property.
2. Building Permit Conditions.
2.1 . "Fire Access" Easement Marking Requirement. Prior to the City's
issuance of any building permits pursuant to Subsection 1 .1 , the School
District shall demarcate the physical boundary of a twenty (20) foot
"fire access" easement within its twenty-four (24) foot "access and
construction" easement. This marking shall include on-the-ground paint
striping, or any other marking style that meets the satisfaction of the
Woodburn Fire District so as to delineate clearly the boundary area of
the easement that is to remain clear for construction ingress to and
egress from the Success High School Site. It is understood by the
parties that the marking of this "fire access" easement is only a
temporary measure to accommodate construction and that during
construction the School District will acquire the remaining legal
authority it needs to complete all of the fire-life safety/access/parking
modifications required by the Planning Commission's land use
approval.
2.2. Easement Must Remain Unobstructed. To ensure the highest level
of safety during construction, the School District shall assume
responsibility for ensuring that the "fire access" easement remains
clear of any and all impediments that may obstruct access to the
Success High School site. The School District understands and agrees
that because the site does not meet necessary fire-life safety
standards or the minimum access requirements required by the
Planning Commission approval that the legal standards are not met
for site occupancy.
3. Condition of the Success High School Site. Due to the concern of
limited fire-life safety access to the Success High School site, the School
District shall maintain the site as a construction-only area, with restricted
access to the site for only those officers, employees, agents, and contractors
that are directly involved with the construction of Success High School. The
School District will restrict the site from being open to students or the public
until a final Certificate of Occupancy is issued by the City.
SUCCESS HIGH SCHOOL BUILDING PERMIT ISSUANCE IGA
City of Woodburn-Woodburn School District Page 3 of 6
4. Conditions to Issuance of Final Occupancy Permit. In addition to
fulfillment of all standard construction requirements, the School District
acknowledges that under the terms of this IGA, the City shall not grant a
temporary or final Certificate of Occupancy for Success High School until
either:
a) The School District demonstrates it has the legal authorization to
enter onto and complete the parking lot modifications on the
Dykstra Property necessary to meet the conditions of approval
imposed by the Planning Commission's land use decision for
Success High School (CU 2017-02; DR 2017-02; VAR 2017-02; RCWOD
2017-02); or
b) The School District is granted a modification of its conditions of
approval by the City, such that its responsibility to make any
modifications on the Dykstra Property is eliminated while an
adequate form of fire-life safety access is provided to the site.
5. Term & Termination. This IGA remains in effect from the date of last
signature below until the time that a final Certificate of Occupancy is
granted by the City for the Success High School site or until the School
District's land use approval for Success High School expires.
6. Relationship of the Parties. Neither party shall at any time hold itself out as
a subsidiary or affiliate of the other party. Further, nothing contained
herein shall be deemed or construed by the Parties, nor by any third
parties, as creating the relationship of a joint venture or partnership
between the Parties, or a relationship between a party and any suppliers,
employees, contractors or subcontractors used by the other party to
carry out functions under this IGA.
7. Limitations on Liability.
7.1 . Indemnification. Each party shall, to the extent it may under the
Constitution and laws of Oregon, indemnify, defend, and hold
harmless the other party and its officers, employees, and agents
against all claims, demands, suits, actions, losses, damages, liabilities,
costs and expenses of any kind or nature arising directly out of the
party's intentional, reckless, or negligent acts, errors, or omissions in
carrying out any activity under this IGA.
7.2. Insurance. Each party shall insure or self-insure and be
independently responsible for the risk of its own liability under this IGA
for claims within the scope of the Oregon tort claims act (ORS 30.260
SUCCESS HIGH SCHOOL BUILDING PERMIT ISSUANCE IGA
City of Woodburn-Woodburn School District Page 4 of 6
to 30.300).
8. Notices. Any Notice provided for or concerning this IGA must be in
writing and will be deemed sufficiently given when personally delivered or
mailed by Certified mail, to the respective address of each party as follows:
a) For the City of Woodburn. City of Woodburn, Attn: City
Administrator, 270 Montgomery Street, Woodburn, Oregon 97071 .
b) For the School District. Woodburn School District, Attn:
Superintendent,
9. Assignments. This IGA and all rights and obligations of both Parties
hereunder are personal to both parties. As such, neither party shall transfer,
assign, or delegate any rights or obligations hereunder.
10. No Third Party Beneficiaries. No provision of this IGA is intended or will
be construed to confer upon or give to any person or entity other than the
signatories to this IGA any rights, remedies, or other benefits under or by
reason of this IGA.
1 1 . Governing Law. This IGA is governed by and will be construed in
accordance with the laws of the State of Oregon.
12. Severability. The Parties agree that if any term or provision of this IGA is
declared by a court of competent jurisdiction to be illegal or in conflict with
any law, the validity of the remaining terms and provisions shall not be
affected, and the rights and obligations of the Parties shall be construed
and enforced as if the IGA did not contain the particular term or provision
held to be invalid.
13. Merger Clause; Waiver. This IGA constitutes the entire agreement
between the Parties on the subject matter hereof. There are no
understandings, agreements, or representations, oral or written, not specified
herein regarding this IGA. No waiver, consent, modification or change of
terms of this IGA shall bind either party unless in writing and signed by both
Parties. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The
failure of the City to enforce any provision of this IGA shall not constitute a
waiver by the City of that or any other provision.
SUCCESS HIGH SCHOOL BUILDING PERMIT ISSUANCE IGA
City of Woodburn-Woodburn School District Page 5 of 6
The Parties execute this IGA effective as of the last date of signature
specified below.
CITY OF WOODBURN, Woodburn School District
an Oregon municipal corporation
Kathy Figley, Mayor Linda Reeves, School Board Chair
Date Date
SUCCESS HIGH SCHOOL BUILDING PERMIT ISSUANCE IGA
City of Woodburn-Woodburn School District Page 6 of 6