November 13, 2017 URA Agenda LEY,CHAIR
CITY OF WOODBURN KATHRYN I MEMBER
JUAN SERRATOS,BOARD MEMBER WARD�
LISA ELLSWORTH,BOARD MEMBER WARD II
URBAN RENEWAL AGENCY ROBERT CARNEY, BOARD MEMBER WARD III
SHARON SCHAUB,BOARD MEMBER WARD IV
AGEND(�
j�iT FRANK LONERGAN,BOARD MEMBER WARD V
A RDA ERIC MORRIS,BOARD MEMBER WARD VI
NOVEMBER 13, 2017-6:45 P.M.
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1 . CALL TO ORDER
2. ROLL CALL
3. CONSENT AGENDA
A. Urban Renewal minutes of October 9, 2017 1
Recommended Action: Approve the minutes.
4. PRESENTATIONS
None.
5. PUBLIC HEARINGS
None.
6. GENERAL BUSINESS
A. Option To Purchase Real Property 3
Recommended Action: It is recommended that the Urban
Renewal Agency authorize the Option to Purchase Real Property
from Bob Sok Hwan Kim and Amy Ae Kyung Kim (0.052-acre / Tax
Lot No. 051 W 18A B02700).
7. PUBLIC COMMENT
8. ADJOURNMENT
November 13, 2017 Urban Renewal Agency Page i
URBAN RENEWAL AGENCY BOARD MEETING MINUTES
OCTOBER 9, 2017
0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, OCTOBER 9, 2017
CONVENED The meeting convened at 6:19 p.m. with Chair Figley presiding.
ROLL CALL
Chair Figley Present
Member Schaub Present
Member Lonergan Present
Member Carney Present
Member Morris Present—7:00 p.m.
Member Ellsworth Absent
Member Serratos Present
Staff Present: City Administrator Derickson, City Attorney Shields, Community Development
Director Kerr, Police Chief Ferraris, Interim Public Works Director Liljequist, Economic
Development Director Johnk, Human Resources Director Mel Gregg, Community Relations
Manager Gutierrez-Gomez, Communications Coordinator Horton, City Recorder Pierson
0:00 CONSENT AGENDA
A. Urban Renewal Agency minutes of June 12, 2017.
Lonergan/Carney... adopt the Consent Agenda. The motion passed unanimously.
BUILDING IMPROVEMENTS PROGRAM—REVISIONS TO GUIDELINES
Economic Development Director Johnk provided a staff report. Lonergan/Schaub... adopt
resolution 2017-02 adopting the Building Improvements Program. The motion passed unanimously.
WOODBURN PUBLIC ART PROGRAM
Councilor Lonergan provided information on the proposed public art program and that he
recommends that they dedicate $100,000 of Urban Renewal funds towards public art in FY 2018-
2019. Colleen Vancil, 312 McLaughlin, stated that she finds this program very intriguing and exciting
and supports this program. Economic Development Director Johnk provided a staff report.
Lonergan/Schaub...dedicate a $100,000 of Urban Renewal funds in FY 2018-2019 to a public art
program. Councilor Schaub stated that she supports this and is excited to bring it to Woodburn.
Councilor Carney stated that he likes the idea but is uncomfortable with the form in which it has been
introduced. He stated that he would support the art program if the following four things were to
happen: cancel the mural ordinance and disband the mural committee, establish a new arts
commission in the place of the mural committee, make the new arts commission advisory only, and
appoint a public art skeptic to the committee. Councilor Serratos stated that he supports the program.
City Administrator Derickson stated that staff will take a look at consolidating the functions of the
mural committee and the art committee. Councilor Carney stated that he will vote in favor as long as
the caveats that were discussed come back for discussion. The motion passed unanimously.
WOODBURN DOWNTOWN REVITALIZATION FACADE MAKE-OVER PROGRAM
Economic Development Director Johnk provided a staff report. Carney/Schaub... approve the
allocation of budgeted URA funds to accomplish the goals of the Woodburn Downtown
Page 1 —URA Board Minutes, October 9, 2017 1
URBAN RENEWAL AGENCY BOARD MEETING MINUTES
OCTOBER 9, 2017
Revitalization Facade Make-Over Program. City Administrator Derickson stated that he belongs to
the Masonic Lodge and he has no potential or actual conflict of interest and stands to gain in no
way from this. Councilor Lonergan stated that he thinks this is great and Councilor Carney stated
that it's a great start. The motion passed unanimously.
ADJOURNMENT
Morris/Lonergan ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:02 p.m.
APPROVED
KATHRYN FIGLEY, CHAIR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2—URA Board Minutes, October 9, 2017 2
u -'49M& Item
8U
November 13, 2017
TO: Urban Renewal Agency Chair and Members
FROM: Jamie Johnk, Economic Development Director
SUBJECT: OPTION TO PURCHASE REAL PROPERTY
RECOMMENDATION:
It is recommended that the Urban Renewal Agency authorize the Option to
Purchase Real Property from Bob Sok Hwan Kim and Amy Ae Kyung Kim (0.052-
acre / Tax Lot No. 051 W 18AB02700).
BACKGROUND:
During the alleyway beautification project, staff identified an underutilized
property at the Hayes Street entrance to the alley. With the vision of creating
additional pedestrian/public space in downtown in proximity to the Plaza, as well
as to make improvements to enhance the appearance of the area and
discourage dumping and unauthorized parking on the site, staff reached out to
the current owner to gauge their interest in possibly selling the property. The out-
of-state property owners were interested in selling the property to the City and,
after negotiating, agreed upon a sales price of $20,000.
DISCUSSION:
This Option to Purchase Real Property secures the agreement between the City of
Woodburn and Bob Sok Hwan Kim and Amy Ae Kyung Kim to purchase the 0.052-
acre (2,300 sq. ft.) property identified as Tax Lot No. 051 W 18AB02700 for $20,000.
The City will pay an amount of $1 .00 upon the execution of the Option. The term
of this Option Agreement shall commence on January 1, 2018, and continue until
5 p.m. on January 31 , 2018.
FINANCIAL IMPACT:
Purchase price of the 0.052-acre (2,300 sq. ft.) property identified as Tax Lot No.
051 W 18AB02700 is $20,000.
Agenda Item Review: City Administrator_x City Attorney_x Finance_x-
3
OPTION TO PURCHASE REAL PROPERTY
THIS OPTION TO PURCHASE REAL PROPERTY ("Option Agreement")is made and
entered into by and between the City of Woodburn, an Oregon municipal corporation (the "City" or
"Buyer") and Bob Sok Hwan Kim and Amy Ae Kyung Kim, individuals as tenants in common or
tenants by the entirety ("Owner").
WHEREAS, the Owner is the beneficial owner of Property it desires to sell to Buyer and
Buyer desires to procure the option to purchase from Owner the Property legally described in Exhibit
A;
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. Grant of Option. Owner, in consideration of One Dollar ($1.00), paid by Buyer to Owner,
grants to Buyer the exclusive right and option to purchase the 0.052 Acreage Property referred to in
Marion County Tax Records as Map Tax Lot No. 051 W 18AB02700, legally described in Exhibit A
(the "Property").
2. Option Period. The term of this Option Agreement shall commence on January 1, 2018, and
continue until 5 p.m. on January 31, 2018.
3. Exercise of Option. Buyer may exercise this Option by signing the Exercise Provision on the
bottom of this Option Agreement and delivering a copy to the Owner, during and prior to the
expiration of the Option Period.
4. Failure to Exercise Option. In the event Buyer fails to exercise this Option, Owner shall retain
the amount paid as consideration for this Option and this Option Agreement will become null and
void and neither party shall have any other liability, obligation, or duty pursuant to this Option
Agreement.
5. Contract for Purchase and Sale. In the event that the Buyer exercises its exclusive Option as
provided for in the preceding paragraphs, Owner agrees to sell and Buyer agrees to buy the Property
and both parties agree to execute a contract for such purchase and sale of the Property in accordance
with the following terms and conditions:
5.1. Purchase Price. The Purchase Price for the Property will be Twenty Thousand Dollars
($20,000). Buyer shall deliver to Seller cash or immediately available funds for the Purchase
Price at Closing.
5.2. Title and Closing. Upon the terms and conditions agreed to and set forth herein, at the
Closing, Owner shall convey to Buyer, by standard warranty deed, good and indefeasible
marketable title in fee simple to the Property free and clear of any and all liens, encumbrances,
conditions, easements, restrictions and other conditions. Said Property shall be subject only
to taxes for the current year, easements, and rights of way of record. Should said title reflect
any other exceptions to the title unacceptable to Buyer,Buyer shall notify the Owner in writing
of any defects within fifteen (15) days (the title review period) and the Owner shall have a
reasonable time (but not more than 30 days) in which to make the title good and marketable
OPTION TO PURCHASE REAL PROPERTY
0.052 Acreage Property,Map Tax Lot No. 051 W 18AB02700 Page 1 of 5
4
or insurable, and shall use due diligence in an effort to do so. If after using due diligence the
Owner is unable to make the title acceptable to Buyer within such reasonable time, it shall be
the option of the Buyer either to accept the title in its existing condition with no further
obligation on the part of the Owner to correct any defect, or to cancel this Option Agreement
to purchase the Property. If this Option Agreement is thus canceled, it will terminate without
further obligation of either party to the other. If title is acceptable to Buyer, the Closing shall
occur within fifteen (15) days after expiration of the "title review period." At Closing Seller
shall convey title to Purchaser by Warranty Deed subject only to exceptions acceptable to
Buyer.
5.3. Transactional Costs and Expenses.
5.3.1. Owners' Obligations._ At Closing, Owners must pay (or otherwise remove as a
prior encumbrance on the Property interests) all mortgages, liens and encumbrances
securing the payment of money and any real estate taxes that remain unpaid as of the
Closing or relate to preferential tax treatment prior to Closing. Whether or not Closing
occurs, Owners are responsible for the costs and expenses of any attorney or other
advisors engaged by Owners.
5.3.2. Buyer's Obligations. Whether or not Closing occurs, Buyer is responsible for
the costs of title, survey, environmental and other inspections, applications for
funding, any other governmental approvals required as a condition of Closing, and
preparation of Closing documents to transfer the Property interests.
6. Non-Assignment and Memorandum of Option Agreement. During the Option Term, the
Owner shall not in any way transfer, assign, convey or otherwise encumber its interest in the Property
and the City shall have the exclusive right to acquire the Property through the Option Period. The
City,in its sole and absolute discretion,may record a Memorandum of Option in the records of Marion
County to provide notice of this Option Agreement.
No interest of Buyer may be assigned, subcontracted, or otherwise transferred, voluntarily or
involuntarily, without the prior written consent of the Owner, which Owner may withhold in its sole
discretion. Any attempted assignment in violation of this provision will be void and of no effect with
respect to Owner.
7. Notice.Any notice under this Option Agreement must be in writing and will be effective when
actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or
certified, postage prepaid and addressed to the party at the address stated in this Agreement or such
other address as either party may designate by written notice to the other. Mailing addresses for the
parties are as follows:
a. For Owner: Bob Sok Hwan Kim and Amy Ae Kyung Kim, 12216 Ewing Avenue,
Grandview, MO 64030.
b. For Bum: City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn,
Oregon 97071.
8. Oregon Law. Oregon law governs this Agreement without respect to conflict of laws
principles.
OPTION TO PURCHASE REAL PROPERTY
0.052 Acreage Property,Map Tax Lot No. 051 W 18AB02700 Page 2 of 5
5
The parties have entered into this Option Agreement, effective as of the last date of signature below.
OWNER:
Bob Sok Hwan Kim and Amy Ae Kyung Kim,
individuals as tenants in common or tenants by the entirety
Bob Sok Hwan Kim Amy Ae Kyung Kim
Date Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this day of , 2017,
by
(Print Name)
Notary Public
My appointment expires:
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this _day of , 2017,
by
(Print Name)
Notary Public
My appointment expires:
OPTION TO PURCHASE REAL PROPERTY
0.052 Acreage Property,Map Tax Lot No. 051 W 18AB02700 Page 3 of 5
6
BUYER:
CITY OF WOODBURN,
an Oregon municipal corporation
Scott Derickson
City Administrator
Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this _day of , 2017,
by as the
of
(Print Name)
Notary Public
My appointment expires:
EXERCISE OF OPTION
By signing below and delivering a copy of such to Owner as specified above, Buyer is hereby
exercising the above Option to Purchase Real Property.
Scott Derickson, City Administrator Date
OPTION TO PURCHASE REAL PROPERTY
0.052 Acreage Property,Map Tax Lot No. 051 W 18AB02700 Page 4 of 5
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EXHIBIT A
Property ID 4:
R108931
Map Tax Lot 4:
051 W 18ABO2700
Legal Description:
WOODBURN FR LOTS 5 & 6 BLK 1 ANNEXATION NO 84-36
OPTION TO PURCHASE REAL PROPERTY
0.052 Legal Acreage,Map Tax Lot No. 051 W 18AB02700 Page 5 of 5
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