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February 10, 2020 Agenda EIC SWENSON,MAYOR CITY OF W OO D B U R N DEBBIE CABRAL SRCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V FEBRUARY 10, 2020- 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. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. City Hall and the Library will be closed on February 17 for President's Day. The Aquatic Center and Transit will be open. Appointments: None. 4. WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY 5. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 6. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None 7. COMMUNICATIONS None. 8. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 9. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. 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 Clue no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** February 10, 2020 Council Agenda Page i A. Woodburn City Council Minutes of January 27, 2020 1 Recommended Action: Approve the minutes. B. Building Activity through January 2020 4 Recommended Action: Receive the report. C. Municipal Judge Employment Agreement 14 Recommended Action: Approve and authorize the Mayor to sign an employment agreement with the current Municipal Judge, Fred Weinhouse. 10. TABLED BUSINESS None. 11. PUBLIC HEARINGS None. 12. 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. Council Bill No. 3121 - A Resolution Adjusting Wastewater Rates in 19 Order to Meet Regulatory Requirements, Complete Necessary Capital Improvements and Comply with Wastewater Bond Covenants; and Setting an Effective Date of March 1, 2020 Recommended Action: After considering any public input, adopt the resolution increasing wastewater rates, pursuant a recently completed rate study. B. Council Bill No. 3122 - A Resolution Adopting an Updated Limited 29 English Proficiency Language Access Plan and Repealing the Previously Adopted Plan Recommended Action: Adopt the resolution updating the City's Limited English Proficiency Language Access Plan. C. Community Development Block Grant(CDBG) Program Application 38 Documents for the Woodburn Family Resource Center Project Recommended Action: Approve the attached documents related to the Woodburn Family Resource Center and authorize the City Administrator to execute them and any related documents. February 10, 2020 Council Agenda Page ii 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION None. 17. ADJOURNMENT COUNCIL GOALS 2019-2021 Thematic Goals 1. Create an inclusive environment where residents participate and are engaged in the community(thatis vibrant,safe and active). 2. Promote an environment that encourages sustainable economic health maximizing our geographic, workforce, cultural and community assets. Strategic Goals 3. Create an inclusive environment where Woodburn residents want to participate and are engaged in the community. 4. Develop innovative funding sources to help support the completion of capital improvement projects. 5. Grow and support strategic partnerships for economic health. 6. Explore the development of a non-profit consolidation facility. 7. Improve Communication and Coordination with School District on matters of mutual interest. 8. Completion of the First Street remodel. 9. Completion of Phase 1&2 of the Community Center Project including the formation of an ad hoc steering committee to review and recommend design. 10. Creation of the Dick Jennings Community Leadership Academy. 11. Develop a strategy to limit PERS liability. 12. Establishment of a Woodburn 20 year community-visioning plan. February 10, 2020 Council Agenda Page iii COUNCIL MEETING MINUTES JANUARY 27, 2020 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 27, 2020 CONVENED The meeting convened at 7:02 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Cabrales Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic Development Director Johnk, Operations Director Stultz, Police Chief Ferraris, City Engineer Garcia, Communications Coordinator Moore, City Recorder Pierson ANNOUNCEMENTS The Mayor welcomed school board member Anthony Medina to the meeting. COMMUNITY/GOVERNMENT ORGANIZATIONS Chamber of Commerce — Presentation on Business Resource Center Proposal — John Zobrist, Woodburn Chamber of Commerce Executive Director,provided the City Council with a Business Resource Center Proposal presentation. CONSENT AGENDA A. Woodburn City Council minutes of January 13, 2020, B. Acceptance of Six Public Easements at 1310 & 1340 N. Pacific Hwy (Associated with the Pacific Valley Apartments Development), Woodburn, OR 97071 (Tax Lots 051 W08DB02800 & 051 W08DC00100), C. Woodburn Planning Commission minutes of November 14, 2019, D. Crime Statistics through December 2019, E. Building Activity through December 2019, Carney/Schaub... adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 3119 - AN ORDINANCE PROHIBITING CAMPING IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR ENFORCEMENT; AND DECLARING AN EMERGENCY City Administrator Derickson and Police Chief Ferraris provided a staff report. Carney introduced Council Bill No. 3119. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3119 duly passed. COUNCIL BILL NO. 3120 - AN ORDINANCE, ENACTED IN COMPLIANCE WITH ORS 203.077, TO DEVELOP A POLICY FOR REMOVAL OF CAMPING Page 1 - Council Meeting Minutes, January 27, 2020 1 COUNCIL MEETING MINUTES JANUARY 27, 2020 SITES ON PUBLIC PROPERTY AND DECLARING AN EMERGENCY Carney introduced Council Bill No. 3120. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Bill No. 3120 duly passed. SEVERE WEATHER CENTER OPERATION AGREEMENT City Administrator Derickson provided a staff report. Ali Swanson, 885 Stark St., spoke in support of the weather center agreement. Dawn Cole, 427 E. Clackamas Circle, stated her concerns about the warming center. Randall Soelberg, 2365 Umpqua Rd., stated his opposition to the warming center and that it will invite more homeless people into Woodburn. Stephanie Wells, 10408 Crosby Rd., stated that she supports the warming center. Liz Koncil, 30155 S. Lynn Marie, stated that she supports the warming center and spoke about the training that will take place. Curt Jones and Bill Park with Love INC. provided information on the warming center agreement. Carney/Cornwell... consider approval of the attached two-year agreement with Love INC. for Severe Weather Center Program services in exchange for$10,000. City Attorney Shields asked if this was a motion to approve the attached agreement. Councilor Carney modified the motion as follows: Carney/Morris... approve the attached two-year agreement with Love INC. for Severe Weather Center Program services in exchange for $10,000. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: — He was a judge at the Hoodview Chili feed and his mom participated as well. — Meeting with Portland State in Mid-February to discuss the Leadership Program. — The Fund Development Committee will be meeting on January 31, with the YMCA. — Meeting with John McArdle and his associate on February 12, to discuss fund development ideas. MAYOR AND COUNCIL REPORTS Councilor Carney complimented the City Administrator, City Attorney and staff on the splendid ordinances. Councilor Schaub concurred with Councilor Carney. Councilor Ellsworth stated that she looks forward to the State of the City. Mayor Swenson invited people to attend the State of the City Address which will take place on February 7 at 6:00 p.m. He also thanked the people that were passionate about Page 2 - Council Meeting Minutes, January 27, 2020 2 COUNCIL MEETING MINUTES JANUARY 27, 2020 a warming center and getting it done. ADJOURNMENT Morris/Ellsworth... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:16 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, January 27, 2020 3 CITY OF WOODBURN Economic and Development Services Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: February 3, 2020 To: Chris Kerr, Community Development Director From: Ted Cuno, Building Division Subject: Building Activity for January 2020 2018 2019 2020 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 1 $271,403 1 $196,472 3 $782,044 Multi-Family Residential 1 $2,680 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 6 $164,265 2 $13,500 1 $19,712 Industrial 1 $11,000 0 $0 0 $0 Commercial 6 $3,898,040 5 $1,904,593 6 $9,625,740 Signs and Fences 1 $6,000 0 $0 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 16 $4,353,388 8 $2,114,565 10 $10.427,496 Fiscal Year to Date (July 1 — $16,674,969 $26,116,685 $14,555,077 June 30) 1ACommunity Development\13 u ild ing\13 u if ding Activity\131dgAct-2020\rnerno-2020-1 January.doc 4 WOODBURN BUILDING DEPARTMENT _ 270 Montgomery Street Permits Issued WoodburnOR 97071 p 503--982--52465246 �)0DB>y,.y,��,,�t''W,,.1 FAX:503-980-2496 1/1/2020 through 1/31/2020 www.ci.woodburn.or.us Includes all valuations building.dept@d.woodburn.or.us Record Types Selected: -All- 971-20-000030-FIRE Issued: 1/29/20 Fees: $270.08 Valuation: $1,315.00 Address: 3020 SPRAGUE LN,WOODBURN,OR 97071 Parcel: 052W12B 00701 Owner: WOODBURN PLAZA LLC Licensed Prof: Category of Construction: Commercial Type of Work: Addition Work Description: Installation of Cellcom for monitoring of fire panel 971-20-000036-FIRE Issued: 1/30/20 Fees: $362.32 Valuation: $4,225.00 Address: 311 EVERGREEN RD NE,WOODBURN,OR 97071 Parcel: 052W13 01500 Owner: CASCADE MEADOW LLC C/O KWDS LLC Licensed Prof: Category of Construction: Commercial Type of Work: Alteration Work Description: Low voltage wiring&equipment to replace fire alarm control panel. Commercial Alarm or Suppression Systems 2 permits issued $632.40 $5,540.00 2/3/20 Page 1 of 9 C:\myReports/reports//production/01 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 5 Permits Issued: Page 2 of 9 �s 971-19-000441-MECH Issued: 1/15/20 Fees: $1,181.69 Valuation: $46,580.00 Address: 1655 JAMES ST,WOODBURN,OR 97071 Parcel: OSlWOSCDO0100 Owner: DAVISON BROTHERS LLC Licensed Prof: Category of Construction: Commercial Type of Work: Replacement Work Description: INSTALL 5 GAS PACKAGE UNITS 971-20-000002-MECH Issued: 1/8/20 Fees: $206.70 Valuation- $1,850.00 Address: 1749 MT JEFFERSON AVE,WOODBURN,OR 97071 Parcel: 051WODBOO400 Owner: BARBARA E VAN LIEU TR Licensed Prof: SUPREME COMFORT HEATING&AIR CONDITIONING INC Category of Construction: Commercial Type of Work-. Alteration Work Description: Relocate ducting,supply and return grills. 971-20-000006-MECH Issued: 1/30/20 Fees: $1,749.64 Valuation: $90,000.00 Address: 1001 ARNEY RD NE,STE#810,WOODBURN,OR 97071 Parcel: 052W12B 00200 Owner: WOODBURN PREMIUM OUTLETS LLC C/O SIMON PROPERTY GROUP PROPERTY TAX Licensed Prof: Category of Construction: Commercial Type of Work: Replacement Work Description: Replace(10)Existing 6-Ton RTU's with(10)New RTU's w/curb adapters 971-20-000016-MECH Issued: 1/31/20 Fees: $5,526.42 Valuation: $412,917.00 Address: 1800 W HAYES ST,WOODBURN,OR 97071 Parcel: 052W 12DD06300 Owner: WOODBURN SCHOOL DISTRICT 103 Licensed Prof: Category of Construction: Commercial Type of Work: Addition Work Description: ADDITION,ALTERATION,ROOFTOP UNITS,FANS,DUCTLESS SPLITS,UNIT HEATERS 971-20-000025-MECH Issued: 1/30/20 Fees: $230.23 Valuation: $2,400.40 Address: 875 N PACIFIC HWY,WOODBURN,OR 97071 Parcel: 051WI76AO1400 Owner: PARIS WAYNE HODGES RLT 50%&HODGES,PARIS WAYNE TRE&MURIEL PATRICIA HODGES r Licensed Prof: Category of Construction: Commercial Type of Work: Alteration Work Description: Modify duct work for TI.Install ducting for owner provided exhaust fans. 971-20-000032-MECH Issued: 1/30/20 Fees: $1,935.14 Valuation: $104,978.00 Address: 1475 MT HOOD AVE,WOODBURN,OR 97071 Parcel: 051WOBB 02800 Owner: WEBSTAR V LLC Licensed Prof: Category of Construction: Commercial Type of Work: Replacement Work Description: Replacing(6)rooftop HVAC units. 2/3/20 Page 2 of 9 C:\myReports/reports/jproduction/01 STANDARD REPORTS/std_Permits_lssued_y3_pr.rpt 6 Permits Issued: Page 3 of 9 971-20-000035-MECH Issued: 1/30/20 Fees: $653.81 Valuation: $21,000.00 Address: 990 N PACIFIC HWY,WOODBURN,OR 97071 Parcel: 05IW08CDO6300 Owner: KHOURY DEVELOPMENT LLC C/O MICHAEL ELIAS Licensed Prof: SALEM HEATING&SHEET METAL INC Category of Construction: Commercial Type of Work: Replacement Work Description: Like for like replacement 15 ton gas pack unit,curb economizer Commercial Mechanical 7 permits issued $11,483.63 $679,725.00 2/3/20 Page 3 of 9 C:\myReports/reports//Production/01 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 7 Permits Issued: Page 4 of 9 a , 971-19-000377-STR Issued: 1/29/20 Fees: s223,641.39 Valuation: $9,524,000.00 Address: 1800 W HAYES ST,WOODBURN,OR 97071 Parcel: 052W 12DD06300 Owner: WOODBURN SCHOOL DISTRICT 103 Licensed Prof: Category of Construction: Commercial Type of Work: Addition Work Description: Renovation of interior spaces in existing elementary school(No change of use proposed). Proposed addition of gymnasium,two story classroom wing,administration offices,parking lot and bus drop-off loop. 971-19-000450-STR Issued: 1/8/20 Fees: $300.00 Valuation: $2,000.00 Address: 105 ARNEY RD NE,WOODBURN,OR 97071 Parcel: 052W12BC06600 Owner: MASTER DEVELOPMENT LLC 40.12%& Licensed Prof: Category of Construction: Commercial Type of Work: Tenant Improvement Work Description: XRay strut support and briatric lift DES. 971-20-000012=STR Issued: 1/21/20 fees: $630.28 Valuation: $20,000.00 Address: 875 N PACIFIC HWY,WOODBURN,OR 97071 Parcel: 051W17BA01400 Owner: PARIS WAYNE HODGES RLT 50%&HODGES,PARIS WAYNE TRE&MURIEL PATRICIA HODGES F Licensed Prof: Category of Construction: Commercial Type of Work: Tenant Improvement Work Description: Create Demising wait for two tenants,ADA bathroom upgrade 971-20-000013-STR Issued: '1/16/20 Fees: $1,502.96 Valuation: $70,648.00 Address: 601 YOUNG ST,WOODBURN,OR 97071 Parcel: 051 W ISAD04800 Owner: ND MANOR LLC Licensed Prof: Category of Construction: Multi-family Type of Work: Replacement Work Description: Composition Re-Roof 971-20-000015-STR Issued: 1/29/20 Fees: $334.86 Valuation: $6,600.00 Address: 153 GRANT ST,WOODBURN,OR 97071 Parcel: 05IW18ABO2000 Owner; NYMAN,MARK Licensed Prof: Category of Construction, Commercial Type of Work: New Work Description: new welded frame awning 971-20-000020-STR Issued: 1/28/20 Fees: $234.73 Valuation: $2,500.00 Address: 1385 INDUSTRIAL AVE,WOODBURN,OR 97071 Parcel: 051 W05D 03300 Owner: VSS LLC Licensed Prof: ITIELS CARPORTS&METAL BUILDINGS LLC Category of Construction: Commercial Type of Work: New Work Description: Install a 12'X 24'metal building. 2/3/20 Page 4 of 9 Q\myReports/reports//production/01 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 8 Permits Issued: Page 5 of 9 Commercial Structural 6 permits issued $226,649.22 $9,625,748.00 k 971-19=000245-DW L Issued: 1/271 20 Fees: $20,433.95 Valuation. $273,005 80 Address: 450 VINE AVE,WOOOBURN,.197071 Owner: SAMUEL GRRCIA AND JOSE ZEPEDA Parcel: OSiW18CD13900 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: build new single family dwelling 971-19-000246-DWL Issued: 1/27/20 Fees: $20,243.63 Valuation: Address: 460 VINE AVE,WOODBURN,OR 97071 $265,049.18 Owner: SAMUEL GARCIA AND JOSE ZEPEDA Parcel: 051WIBCDO4000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: build new single family dwelling 971-20-000005-DWL Issued: 1/27/20 tion: Fees: $19,792.69 Valuation:Address: 1285 W HAYES ST,WOODBURN,OR 97071 $243,989.51 Owner. SERRATOS,MARIA LLAMAS&LLAMAS,GUILLERMO Parcel: 051W07CC06200 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: new single family Residential 1&2 Fam Dwelling(New Only)Limited 3 permits issued $60,470.27 $782,044.49 2/3/20 Page 5 of 9 C\myReports/reports//production/oi STANDARD REPORTS/std—Permits Issuedv3p r.rpt 9 Permits Issued: Page 6 of 9 971-20-000001-MECH Issued: 113/20 ; Address: 2847 STANFORD ST,WOODBURN,OR 97071 Fees: $100.80' Valuation: `$1,525.00 Owner: LOPEZ,MARIA BAUTISTA& Parcel: 012.12CD00300 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Addition Work Description: Installing 60 ft of gas line to range 971-20-000003-MECH Issued: 1/8/20 Fees: $100.80 Valuation: Address: 950 N 2ND ST,WOODBURN,OR 97071 $0.00 Owner: LEROY B MILLER TR 50%&JOY L MILLER TR 50%&MILLER,LEROY B TRE Parcel: 051 W07DC05500 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: replace furnace 971-20-000004-MECH Issued: 1/9/20 Fees: $100.80 Valuation: Address: 2069 LILAC WAY,WOODBURN,OR 97071 $4,246100 Owner: FRAZIER,ELLIS D&FRAZIER,MARTHA P&PIERSON,RITA E Parcel: 051W06CC16500 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Replace air conditioner 971-20-000006-MECH Issued: 1/13/20 Fees: $100.80 Valuation: Address: 1545 PRINCETON RD,WOODBURN,OR 97071 $4,189.00 Owner: NEMISH,EUGENE C&NEMISH,CAROLE M Parcel: 052 W 12AA09400 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: INSTALL FURNACE 971-20-000007-MECH Issued: 1/14/20 Fees: $100.80 Valuation: Address: 1399 UMPQUA RD,WOODBURN,OR 97071 $1,000.00 Owner: TROTTER RT&TROTTER,THOMAS R TRE&TROTTER,DEBORAH A TRE Parcel: 051 W 07BC06900 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Gas line extended to new meter location 971-20-000009-MECH Issued: 1/15/20 Fees: $100.80 Valuation: Address: 1999 JANSEN WAY,SFC#37,WOODBURN,OR 97071 $0.00 Owner: WOODBURN SENIOR ESTATES LLC C/O INVESTMENT PROPERTY GROUP Parcel: 051W06CCOOIOO Licensed Prof: GERALD GILES WILLIS JR Category of Construction: Manufactured Dwelling Type of Work: Alteration Work Description: Install new gas line and free standing gas stove.Unit#37 2/3/20 Page 6 of 9 C:\myReportsJreports//production/01 STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 10 Permits Issued: Page 7 of 9 T 0Q011-MECHIssue11520F �1 1229 JOHNSON ST,WOODBURN,OR 97071 $0.00 Owner: VILLALPANDO,MARTIN Parcel: OS1W17BB09000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Addition Work Description: install gas furnace 971-20-000014-MECH Issued: 1/16/20 Fees: $1o0.8D Valuation: Address: 1550 WALTON WAY,WOODBURN,OR 97071 $3,347,00 Owner; HOLSTAD,RON Parcel: 051 W 076619000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install Gas Furnace 971-20-000018-MECH Issued: 1/21/20 tion: Fees: $100.80 Valuation:Address: 520 LEASURE ST,WOODBURN,OR 97071 $6,300.00 Owner: DUFFY,)OE&DUFFY,MINDY Parcel: 051W07CC01000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: New Work Description: Installation of Single Zone Ductless Heat Pump 971-20-000019-MECH Issued: 1/21/20 Fees: $100.80 valuation: Address: 1317 GARFIELD ST,WOODBURN,OR 97071 $800.00 Owner: MAY,SHARON A Parcel: 051 W 07CC 10000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: RUN GAS LINE FOR RANGE LOCATION 971-20-000021-MECH Issued: 1/23/20 Fees $100.80 Valuation: Address: 1146 EAGLE DR,WOODBURN,OR 97071 $4,700.00 Owner: PATTON,SCOTT L&PATFON,CHRISTINE R Parcel: 051W06CD06000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install gas fireplace 971-20-000022-MECH Issued: 1/23/20 Fees: $100.80 Valuation: Address: 3087 REED AVE,WOODBURN,OR 97071 $4,952.00 Owner: HAMPTON,DANIEL B&HAMPTON,MEGAN N Parcel: 052W13BA05500 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Installing Air Conditioner 2/3/20 Page 7 of 9 C:\myReports/reports//production/oi STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 11 Permits Issued: Page 8 of 9 971-20-000023-MECH Issued: iJ23/20 -»- Address; 985 EVERGREEN R. WOODB�UR. .'l7071 Fees: $100.80 Valuation: $6,547.00 Owner: PARADIS&PARADIS LLC Parcel: 052W12C 00400 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Replace furnace 971.20.000024=MECH Issued: 1/23/20 Fees: Address: 1136 RANDOLPH RD,WOODBURN,OR 97071 $100.80 Valuation: $10,190.00 Owner: HAMBURG,WILLIAM C&HAMBURG,ANITA L Parcel: 052W12AD13500 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Installing Gas Furnace&Air Conditioner 971-20-000027-MECH Issued: 1/27/20 Fees: Address: 2440 UMPQUA RD,WOODBURN,OR 97071 $168.00' Valuation: $0.00 Owner: CRITSER,MARK A CRITSER,LYONE M Parcel: 051W06CC03000 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Addition Work Description: install gas furnace,air conditioner,water heater and gas line 971-20-000028-MECH Issued: 1/27/20 Fees: Address: 1201 STANFIELD RD,WOODBURN,OR 97071 $100.80 Valuation: $6,775.00 Owner: GIPE,RICHARD E&GIPE,ROSEANN L Parcel: 052W12AC07500 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: Electric to gas conversion.Replace heat pump and electric furnace with gas furnace and air conditioner. 971-20-000031-MECHissued: 1/28/20 Fees: Address: 2523 N BOONES FERRY RD,WOODBURN,OR 97071 $100.80. Valuation: $4,578.00 Owner: GORMAN,HARRIEf M Parcel: 051W07BA00400 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Installing Gas Furnace 971-20-000033-MECH Issued: 1/29/20 Fees: $100.80 Valuation Address: 2320 OREGON CT,WOODBURN,OR 97071 $0.00 Owner: CLARK,IANICE&CLARK,GERALD Parcel: 052W12DC01100 Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: REPLACE GAS FURNACE AND AIR CONDITIONER 2/3/20 Page 8 of 9 C:\myReports/reports//production/oI STANDARD REPORTS/std_Permits_Issued_v3_pr.rpt 12 Permits Issued: Page 9 of 9 971-20-000034-MECH issued: 1/29/20 Fees: $100.80 Valuation: $0.00 Address: 1630 ECOLA WAY,WOODBURN,OR 97071 Parcel: 052W12AD08700 Owner. STEFFENSEN,KATHI Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Replacement Work Description: REPLACE GAS FURNACE AND AIR CONDITIONER 971-20^000037-MECH Issued: 1/30/20 Fees; $112.00 Valuation: $400.00 Address: 702 HARRISON ST,WOODBURN,OR 97071 Parcel: OSIW07CDO1900 owner: ZEPEDA,MARIA GUADALUPE Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Install new venting for 2 bath fans,dryer and range hood 971-20-000039-MECH Issued: 1/31/20 Fees: $100.80 Valuation: $4,524.00 Address. 1035 TIERRA LYNN DR,WOODBURN,OR 97071 Parcel: 05IW08CDO3900 Owner: TOLEDO,30SE FARFAN&AGUIRRE,SAMUEL FARFAN Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Alteration Work Description: Installing Gas Furnace Residential Mechanical 21 permits issued $2,195.20 $64,073.00 971-20-000010-STR Issued: 1/15/20 Fees: $402.20 Valuation: $19,712.00 Address: 1248 KOTKA ST,WOODBURN,OR 97071 Parcel: OSIW07CCO4100 Owner: KVOKOV,LUBA Licensed Prof: Category of Construction: Single Family Dwelling Type of Work: Other Work Description: Installation and hook up of roof-mounted solar system.5.12 kW Residential Structural 1 permits issued $402.20 $19,712.00 40 permits issued $301,832.92 $11,176,842.49 2/3/20 Page 9 of 9 C:\myReports(reports//Pmductionfoi STANDARD REPORTSlstd_Permits_Issued_v3_pr.rpt 13 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�arrt rr rf aA'!87 February 10, 2020 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Assistant City Administrator SUBJECT: Municipal Judge Employment Agreement RECOMMENDATION: Approve and authorize the Mayor to sign an employment agreement with the current Municipal Judge, Fred Weinhouse. BACKGROUND: In late 2015, following the retirement announcement of Judge Janice Zyryanoff, the City Council appointed Lori Coukoulis to the vacant position. After serving one year as Woodburn's Municipal Judge, Lori Coukoulis submitted her resignation on January 24, 2017. On February 13, 2017, the City Council appointed Fred Weinhouse to the position of Municipal Judge and approved the resulting three-year employment agreement. DISCUSSION: Mr. Weinhouse retired at the end of 2015 after a 30 year career as an Assistant United States Attorney. He has served effectively as the City's Municipal Judge since February 14, 2017. His current employment agreement expires February 13, 2020. The enclosed employment agreement is for a term of three years, expiring February 13, 2023. Pursuant to section 10. of the Woodburn City Charter, the Municipal Judge is one of three positions appointed directly by the City Council. The enclosed employment agreement is for a term of three years. FINANCIAL IMPACT: Expenditures related to the employment of the Municipal Judge are included in the adopted FY 19/20 budget. Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x- 14 Employment Agreement Fred Weinhouse City of Woodburn Municipal Judge THIS AGREEMENT is made and entered into this day of February 11, 2020 between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "City", and Fred Weinhouse, hereinafter referred to as "Weinhouse," both of whom understand and agree as follows: RECITALS Whereas, Pursuant to the Woodburn City Charter, it is the responsibility of the City Council to appoint a Municipal Judge. Whereas, Fred Weinhouse has served as the City's Municipal Judge since February 14, 2017; and Whereas, City Council desires to continue the employment of Mr. Weinhouse as Municipal Judge for the City of Woodburn and to provide an inducement for him to remain in such employment; and Whereas, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and Whereas, Weinhouse understands and agrees to the terms of employment and desires to continue serving in the position of Municipal Judge for the City of Woodburn; and Whereas, with the approval of the City Council, the Mayor has authority to execute this agreement on behalf of the City. Now, therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties City hereby agrees to employ Weinhouse as the Municipal Judge, of the City of Woodburn to perform on a continuing basis the functions and duties, which are generally described in Section 22. of the Woodburn City Charter. 2. Hours of Work Weinhouse shall devote sufficient time to complete the duties and responsibilities of his position. Weinhouse shall ensure effective maintenance of the docket and provide adequate opportunities for court appearances by the public. 15 3. Term A. The term of this Agreement shall be for three (3) years commencing on February 14, 2020 and ending February 13, 2023 ("Services Period"). B. The term of this Agreement may be extended by written consent of the parties for a period mutually acceptable to both parties (Continuing Service Period). If the parties decide to extend this Agreement, negotiations shall commence by August 12, 2022. 4. Termination Weinhouse's employment with the City shall be "at will". As such, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City for any reason whatsoever with or without cause to terminate the services of Weinhouse at any time as provided herein. 5. Resignation Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Weinhouse to resign at any time from this position with City subject to the provisions of the Agreement. In the event Weinhouse voluntarily resigns this position before the expiration of the aforesaid term of employment, Weinhouse shall give City a minimum of sixty (60) days written notice, unless the parties agree otherwise. 6. Compensation During Services Period, City agrees to pay a wage of one hundred dollars ($100) per hour, for services rendered pursuant to this agreement. Weinhouse shall be paid for a minimum of two hours for each court session that he presides over. Such wages shall be payable in installments at the same time as the regular employees of City are paid and are subject to normal and/ or authorized deductions. At its discretion, the City Council may periodically conduct a review of Weinhouse's performance, at which time, an increase in salary may be negotiated. 7. Public Employees Retirement System If Weinhouse meets the Oregon Public Employees Retirement System's eligibility requirements, City shall pay both the "employee" and "employer" portions for Employee retirement program under the Oregon Public Employees Retirement System. 8. Sick Leave 16 Weinhouse will earn one (1) hour of sick leave for every 30 hours worked. Sick leave will accrue to a maximum of 80 hours in a calendar year and may only be used in a manner that is consistent with the City policy and the state law. 9. Judge Pro Tem Pro Tem Judges shall be selected from a list of qualified candidates that have been approved by the City Council. Weinhouse shall arrange for a Pro Tem Judge should he be unable to perform his regular duties due to illness, personal leave, or unanticipated personal needs. 10. Professional Development With prior approval, City shall participate with other agencies where Weinhouse serves as a municipal court judge in reimbursing Weinhouse a proportional share of the costs of attending professional conferences, maintaining required judicial licenses and certifications and maintaining membership to professional associations, in an amount not to exceed $300 per fiscal/calendar year. 11. Liability City agrees to indemnify, hold harmless and defend at its expense Weinhouse from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Weinhouse may be subject to arising out of, or resulting from the performance of his official duties hereunder, excepting from criminal acts or gross negligence. Notwithstanding the foregoing, City's obligation under this Section shall not apply to any punitive or exemplary damages that may be awarded by a Court against Weinhouse. 12. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to Weinhouse performance hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Weinhouse shall perform his duties in accordance with all the laws, ordinances, rules, and regulations applicable to his position and be subject to City Policies and Procedures as applicable. C. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. 17 D. Weinhouse acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties and guarantees contained in this Agreement. 13. Notice Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addresses as stated in this Agreement, or at such other address as may hereafter by specified by notice in writing. In lieu of mailing, written notice shall become effective as of the date it is personally delivered to the addressee. Any notice required to be given under the terms and conditions of this Agreement shall be given as follows: City of Woodburn Fred Weinhouse Scott Derickson, City Administrator Municipal Judge 270 Montgomery Street 10020 SW Citation Place Woodburn, OR 97071 Beaverton, OR 97008 14. Severability If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. ERIC SWENSON FRED WEINHOUSE MAYOR MUNICIPAL JUDGE 18 �'I'1�r I Iii♦ r} Y 9M& Item BU February 10, 2020 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Row, Assistant City Administrator SUBJECT: Resolution Establishing Wastewater Rates RECOMMENDATION: After considering any public input, adopt the resolution increasing wastewater rates, pursuant a recently completed rate study. BACKGROUND: A wastewater rate study was recently performed by Galardi Rothstein Group. This rate study was initiated after staff discovered that the sewer fund did not meet a rate covenant in FY 18/19 that is required by our Master Wastewater System Revenue Bond Declaration. This particular covenant requires that the City charge rates sufficient to generate net revenues (gross revenues minus operating expenses) equal to at least 125% of annual bond debt service debt service each fiscal year. The recently completed audit revealed that the City generated net revenues equal to 119% of annual debt service in FY 18/19; 6 percentage points below the amount required. While staff are hopeful that the City won't experience any negative impacts from this single failure to meet a required rate covenant, continued failures can lead to a bond rating downgrade, which would result in increased borrowing costs, necessitating even higher rates. Rate increases are also proposed to ensure that the sewer fund is able to generate sufficient revenues necessary to fund increasing operational costs, as well as important capital improvement projects. The rate study developed cost of service rate structures that equitably apportioned costs of service among the different classes of wastewater customers for required operational and capital costs. Agenda Item Review: City Administrator_X City Attorney_X Finance—X- 19 Honorable Mayor and City Council February 10, 2020 Page 2 DISCUSSION: The proposed wastewater system rate increases are planned to occur in three incremental steps over a period of 22 months. Specifically, rates are proposed to increase 5% on March 1, 2020, 5% on January 1 , 2021 , and another 5% on January 1 , 2022. Wastewater rate increases were last implemented as follows: ➢ 12% in FY 07/08 ➢ 12% in FY 08/09 ➢ 9.5% in FY 09/10 ➢ 9.5% in FY 10/11 ➢ 9.5% in FY 11/12 ➢ 9.5% in FY 12/13 ➢ 9.5% in FY 13/14 Due to the lack of increased wastewater rates over the past six years, the sewer fund is experiencing financial pressures. The proposed rate increases are necessary for the City to comply with required debt coverage ratios, to provide sufficient funds for operation & maintenance costs, and to pay off existing debt. Ordinance 2157 provides for the establishment of water rates charges by resolution. In addition to the proposed wastewater rate increases, in June 2018, the City Council authorized water rate increases of 10% in July 2018 and July 2019, followed by 4% annual increases in July 2020-July 2027. Woodburn Utility customers see both water and wastewater charges on the same bill, however, wastewater charges represent the larger of the two charges. It is worth noting that significant planned wastewater treatment plant upgrades have been on hold for many years. In order to fund these upgrades, the City sold Wastewater Revenue and Refunding Bonds in November 2011 and submitted final design plans to DEQ in January 2012. However, in August 2013, the Environmental Protection Agency (EPA) provided notice to DEQ that recently established temperature discharge limits could not be used for the issuance of National Pollutant Discharge Elimination System (NPDES) permits, due to a pending lawsuit filed by an environmental advocacy organization. The City recently learned that the lawsuit has been settled and the City's NPDES permit issuance process should begin within a few months. However, it will likely take about one year for the final permit to be issued. The new permit will include 20 Honorable Mayor and City Council February 10, 2020 Page 3 stricter discharge limits than were anticipated when the City prepared their plan for plant upgrades more than eight years ago. As a result, once the City's permit has been issued, staff will begin the process of updating the plan to account for the new discharge limits. The updated plan will inform the capital improvements necessary for the City to comply with the much stricter requirements now in place. Significant capital expenditures and additional borrowing will again be necessary within a couple of years. It is almost certain that additional rate increase will be required at that point to support this additional debt. FINANCIAL IMPACT: The increased revenues from the updated wastewater rates are expected to provide required funds for system operations & maintenance, important capital improvements and the repayment of wastewater fund debt. 21 COUNCIL BILL NO. 3121 RESOLUTION NO. 2149 A RESOLUTION ADJUSTING WASTEWATER RATES IN ORDER TO MEET REGULATORY REQUIREMENTS, COMPLETE NECESSARY CAPITAL IMPROVEMENTS AND COMPLY WITH WASTEWATER BOND COVENANTS; AND SETTING AN EFFECTIVE DATE OF MARCH 1, 2020 WHEREAS, the City Council last authorized a wastewater rate increase through Resolution 1976, which was adopted on August 9, 2010; and WHEREAS, Resolution 1976 provided for a series of annual rate increases to occur on September 1 , 2010, July 1 , 2011 , July 1 2012, July 1 2013, and July 1 2014; and WHEREAS, a rate study was recently completed by Galardi Rothstein Group; and WHEREAS, additional rate increases are necessary due to increasing wastewater system operational costs, required capital improvement projects, and the need for additional revenues necessary to maintain compliance with wastewater bond covenants; and WHEREAS, Section 11 of Ordinance 2157 provides: Section 11. Increase in Rates and Charges. Future rate adjustments will be established by City Council action at a frequency and in an amount determined to be fiscally responsible for supporting service obligations, ensure POTW compliance with EPA/DEQ regulations, and to protect the environment and public health; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. In order to operate the wastewater treatment system in compliance with regulatory requirements, complete necessary capital improvements, and maintain compliance with wastewater bond covenants, the City Council finds that it is in the public interest to establish the following new rate schedule, to be effective on March 1 , 2020 and reflected in bills thereafter: A. RESIDENTIAL Page 1 of 7- Council Bill No. 3121 Resolution No. 2149 22 Minimum Minimum Volume Charge/ Charge Volume Above Minimum 1 . Single Family, Churches PER UNIT $46.87 500 cu. ft. $9.08/100 cu.ft. 2. Multi Family, Apartments, Mobile Home in a Park, Condos PER UNIT $46.87 500 cu. ft. $9.08/100 cu. ft. 3. Residential unit not on City metered water system, PER UNIT $65.04 - - - - - - - - - - - - (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Minimum Minimum Volume Charge/ Charge Volume Above Minimum Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $62.86 600 cu. ft. $13.44/100 cf. C. MONITORED INDUSTRIAL $103.85 that includes a first 1 ,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges for amounts above minimum are: 1 . Volume Charge $5.75/100 cu.ft. 2. BOD Charge: $1 .16/Ib. 3. TSS Charge: $1 .37/lb. D. WASTEWATER DISCHARGE STATION - RV, etc. 1 . Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $62.86 Minimum/connection b. For individual RV units in Park $6.72 Minimum/connection per 50 cu. ft. E. SEPTAGE - per truck load Page 2 of 7- Council Bill No. 3121 Resolution No. 2149 23 1 . Residential, PER GALLON $0.164 $63.66/min. 2. Commercial, PER GALLON $0.211 $80.03/min. F. SPECIAL SEWER RATE CATEGORIES Minimum Minimum Volume Charge/ Charge Volume Above Minimum 601 . Mixed use - 1 residential & $127.90 1 ,300 cf. $13.44/100 cf. 1 Commercial, uses not Separated, 2 accounts 608. Mixed use - 7 residential & $518.12 5,500 cf. $13.44/100 cf. 1 Commercial, uses not Separated, 1 account 620. Based on measured effluent $825.18 N/A N/A of 6,272 cf./ month, no water meter, one account 630. Based on measured effluent $74.69 N/A N/A of 688 cf./ month, no water meter, one account 650. RV Park, 1 commercial acct. $1,057.42 8,000 cf. $13.44/ 100 cf. plus 148 RV connections, 1 account Section 2. The Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for wastewater use to be effective on January 1 , 2021 and reflected in bills thereafter. A. RESIDENTIAL Minimum Minimum Volume Charge/ Charge Volume Above Minimum 1 . Single Family, Churches PER UNIT $49.21 500 cu. ft. $9.53/100 cu. ft. 2. Multi Family, Apartments, Mobile Home in a Park, Condos PER UNIT $49.21 500 cu. ft. $9.53/100 cu. ft. Page 3 of 7- Council Bill No. 3121 Resolution No. 2149 24 3. Residential unit not on City metered water system, PER UNIT $68.29 - - - - - - - - - - - - (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Minimum Minimum Volume Charge/ Charge Volume Above Minimum Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $66.00 600 cu. ft. $14.1 1/100 cf. C. MONITORED INDUSTRIAL $109.04 that includes a first 1 ,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges for amounts above minimum are: 1 . Volume Charge $6.04/100 cu.ft. 2. BOD Charge: $1 .22/lb. 3. TSS Charge: $1 .44/lb. D. WASTEWATER DISCHARGE STATION - RV, etc. 1 . Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $66.03 Minimum/connection b. For individual RV units in Park $7.06 Minimum/connection per 50 cu. ft. E. SEPTAGE - per truck load 1 . Residential, PER GALLON $0.172 $66.84/min. 2. Commercial, PER GALLON $0.222 $84.03/min. F. SPECIAL SEWER RATE CATEGORIES Minimum Minimum Volume Charge/ Charge Volume Above Minimum 601 . Mixed use - 1 residential & $134.30 1 ,300 cf. $14.1 1/100 cf. 1 Commercial, uses not Separated, 2 accounts Page 4 of 7- Council Bill No. 3121 Resolution No. 2149 25 608. Mixed use - 7 residential & $544.03 5,500 cf. $14.11/100 cf. 1 Commercial, uses not Separated, 1 account 620. Based on measured effluent $866.44 N/A N/A of 6,272 cf./ month, no water meter, one account 630. Based on measured effluent $78.42 N/A N/A of 688 cf./ month, no water meter, one account 650. RV Park, 1 commercial acct. $1,110.29 8,000 cf. $14.11 100 cf. plus 148 RV connections, 1 account Section 3. The Council finds that it is in the public interest to establish the following new rate schedule based on cost of service for wastewater use to be effective on January 1 , 2022 and reflected in bills thereafter. A. RESIDENTIAL Minimum Minimum Volume Charge/ Charge Volume Above Minimum 1 . Single Family, Churches PER UNIT $51 .67 500 cu. ft. $10.01/100 cu. ft. 2. Multi Family, Apartments, Mobile Home in a Park, Condos PER UNIT $51 .67 500 cu. ft. $10.01/100 cu. ft. 3. Residential unit not on City metered water system, PER UNIT $71 .70 - - - - - - - - - - - - (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge estimated by the City Engineer) B. COMMERCIAL/INDUSTRIAL Minimum Minimum Volume Charge/ Charge Volume Above Minimum Businesses, Schools, R.V. Parks, Care Centers, etc. PER METER $69.30 600 cu. ft. $14.82/100 cf. Page 5 of 7- Council Bill No. 3121 Resolution No. 2149 26 C. MONITORED INDUSTRIAL $114.49 that includes a first 1 ,000 cu. ft. of flow, 25 lbs. BOD and 9 lbs. TSS Charges for amounts above minimum are: 1 . Volume Charge $6.34/100 cu. ft. 2. BOD Charge: $1 .28/lb. 3. TSS Charge: $1 .51/Ib. D. WASTEWATER DISCHARGE STATION - RV, etc. 1 . Residential type sewage discharge station at commercial establishments, PER MONTH in addition to the standard charge a. For multiple RV dump stations $69.33 Minimum/connection b. For individual RV units in Park $7.41 Minimum/connection per 50 cu. ft. E. SEPTAGE - per truck load 1 . Residential, PER GALLON $0.181 $70.18/min. 2. Commercial, PER GALLON $0.231 $88.23/min. F. SPECIAL SEWER RATE CATEGORIES Minimum Minimum Volume Charge/ Charge Volume Above Minimum 601 . Mixed use - 1 residential & $141 .02 1 ,300 cf. $14.82/100 cf. 1 Commercial, uses not Separated, 2 accounts 608. Mixed use - 7 residential & $571 .23 5,500 cf. $14.82/100 cf. 1 Commercial, uses not Separated, 1 account 620. Based on measured effluent $909.76 N/A N/A of 6,272 cf./ month, no water meter, one account 630. Based on measured effluent $82.34 N/A N/A of 688 cf./ month, no water meter, one account 650. RV Park, 1 commercial acct. $1,165.81 8,000 cf. $14.82/ 100 cf. Page 6 of 7- Council Bill No. 3121 Resolution No. 2149 27 plus 148 RV connections, 1 account Approved as to form: City Attorney Date Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 7 of 7- Council Bill No. 3121 Resolution No. 2149 28 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 February 10, 2020 TO: Honorable Mayor and City Council through City Administrator FROM: Jamie Johnk, Economic Development Director SUBJECT: Updated Limited English Proficiency Language Access Plan RECOMMENDATION: Adopt the resolution updating the City's Limited English Proficiency Language Access Plan. BACKGROUND: The City is in the process of applying for federal HUD grant funding through the Community Development Block Grant program. Federal program rules require that for the City to receive such funding it must adopt policies addressing the needs of individuals with limited English proficiency language skills. In seeking previous rounds of HUD funding in 2013, the City adopted a Limited English Proficiency Language Access Plan by Resolution 2034. In reviewing that document, staff determined that certain census data relied upon for that policy document needed to be updated. DISCUSSION: The attached Limited English Proficiency (LEP) Language Access Plan provides updated guidance to the City in meeting the needs of individuals with limited English proficiency language skills. Specifically, the census data that the plan relies upon has been updated to include population survey information from the period of 2011-2015. Based on that data, 58.5% of the City's population over the age of five reports speaking a language other than English, with 25% of the population reporting that they speak Spanish or Spanish-Creole and speak English less than "very well." Based on this census data, the City must undertake reasonable steps to ensure meaningful access to City programs and services for LEP persons. At a minimum, the City must provide translation of its vital documents into Spanish. But through this plan document, the City is also undertaking to tap into its resources to Agenda Item Review: City Administrator X City Attorney X Finance X 29 Honorable Mayor and City Council February 10, 2020 Page 2 provide in-person, telephonic, and other language services as it deems necessary and appropriate. The City will monitor and update the LEP as needed. The City will review the LEP periodically against new Census data, or as needs arise, to identify any changes that need to be made or if the City encounters difficulty interacting with LEP individuals. FINANCIAL IMPACT: The City already has a comprehensive program to provide translation services to LEP individuals. This update to the plan document is not expected to require considerable changes in City operations or practices that would otherwise have a significant financial or budgetary impact. 30 COUNCIL BILL NO. 3122 RESOLUTION NO. 2150 A RESOLUTION ADOPTING AN UPDATED LIMITED ENGLISH PROFICIENCY LANGUAGE ACCESS PLAN AND REPEALING THE PREVIOUSLY ADOPTED PLAN WHEREAS, as a recipient of federal financial assistance as it relates to the needs of individuals with limited English proficiency language skills, the City of Woodburn is required for purposes of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing regulations to develop a plan for meeting the needs of individuals with limited English proficiency language skills; and WHEREAS, on September 23, 2013, the City adopted a Limited English Proficiency Plan by Resolution 2034; and WHEREAS, on September 25, 2017, the City also adopted a separate Title VI Program specific to the Woodburn Transit System, which the City desires and intends to keep in effect as it applies to the Transit System; and WHEREAS, the attached Limited English Proficiency (LEP) Language Access Plan provides updated guidance to the City in meeting the needs of individuals with limited English proficiency language skills; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council adopts the Limited English Proficiency Language Access Plan which is attached hereto as Exhibit A, and is incorporated herein. Section 2. The City's Section 3 Plan adopted to ensure compliance with federal law for Community Development Block Grant projects and also adopted as part of Resolution 2034 remains in effect. Section 3. The City's Title VI Program specific to the Woodburn Transit System and adopted September 25, 2017, remains in effect. Approved as to form: City Attorney Date Page 1 - Council Bill No. 3122 Resolution No. 2150 31 Approved: Eric Swenson, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 2- Council Bill No. 3122 Resolution No. 2150 32 Exhibit A LIMITED ENGLISH PROFICIENCY LANGUAGE ACCESS PLAN CITY OF WOODBURN This Limited English Proficiency(LEP) Language Access Plan (LAP) addresses City of Woodburn's responsibilities as a recipient of federal financial assistance as it relates to the needs of individuals with limited English proficiency language skills. U.S. Department of Housing and Urban Development defines limited English proficient individuals as persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write or understand.' Limited English proficiency refers to anyone above the age of 5 who reported speaking English less than "very well," as classified by the U.S. Census Bureau. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit or encounter.The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing regulations which state that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166,titled "Improving Access to Services for Persons with Limited English Proficiency," indicates that differing treatment based upon a person's inability to speak, read,write or understand English is a type of national original discrimination. It directs each agency to publish guidance for its respective recipients clarifying their obligation to ensure such discrimination does not take place.This order applies to all state and local agencies which receive federal funds, including the City of Woodburn. City of Woodburn referenced the most current data from U.S. Census Bureau's American Community Survey(below) and utilized both the Four-Factor LEP Analysis for Meaningful Access and Safe Harbor Test for Written Translation Services to prepare this plan. INTRODUCTION The City of Woodburn is located in Marion County, Oregon. According to American Community Survey (ACS) 5-year estimates for 2011-2015,the City of Woodburn had a population of 22,787 5 years of age and older.The City encompasses a multitude of services including the Public Works Department, Woodburn Public Library,the Mayor's Office and City Council. Woodburn's population predominately speaks English with 41.5% (9,446 persons)who speak English only, according to American Community Survey(ACS) 5-year estimates. In addition, 25 percent (5,703 persons) of the population in Woodburn is listed as Spanish or Spanish Creole who speak English "less than very well".Table 1.1 below identifies languages spoken at home by Woodburn residents. 1 33 Exhibit A Table 1: Language Spoken at Home-Woodburn,Oregon—2011-2015 SUBJECT NUMBER PERCENT Population 5 years and over 22,787 Speak only English 9,446 41.5% Speak a language other than English 13.341 58.5% Spanish or Spanish Creole 11,937 52.4% Spanish or Spanish Creole-Speak 5,703 25% English less than "very well" Russian 926 4.1% Russian-Speak English less than 535 2.3% "very well" Source: U.S. Census Bureau, American Community Survey 5-Year Estimates, ACS Table B16001 FOUR FACTOR ANALYSIS FOR MEANINGFUL ACCESS Recipients are required to take reasonable steps to ensure meaningful access to LEP persons through the four factor analysis.This "reasonableness" standard intends to be flexible and fact-dependent. It also intends to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As the City of Woodburn encompasses a variety of services, application of the Four-Factor analysis varies depending on the specific service. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: 1. The number or proportion of LEP persons served or encountered in the eligible service population ("served" or"encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services): According to ACS 5-year estimates, an estimated 25 percent(5,703 persons)of the population over the age of five(5) in Woodburn is Spanish or Spanish Creole speaking and reported speaking English "less than very well". In addition, an estimated 4.1 percent(926 persons) of the population over the age of five (5) in Woodburn is Russian speaking and speaks English "less than very well".According to the 'Safe Harbor' Guidelines provided in Table 2 below,for any language population that constitutes more than 5%of the population and 50 or more persons in the eligible population, it is recommended that all vital documents for City services are or can be provided as translated documents in that language. As Spanish speakers can be considered LEP populations under these guidelines, the City of Woodburn is required to provide translation services for any vital documents under the 'Safe Harbor' guidelines to non-English LEP individuals.Table 2 summarizes Safe Harbor guidelines for written translations. 2 34 Exhibit A Table 2:"Safe Harbors"for Written Translations VZE CSF LANGUAG3 ,GROUP HECk7MMENDED PROVISION Cwt WRITTEN LANGI.IAGE ASSISTANCE 1,000 or more in the eligible population in the market Translated vital documents area or among current beneficiaries More than 5%of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5%of the eligible population or Translated written notice of right to receive free oral beneficiaries and 50 or less in number interpretation of documents. 5% or less of the eligible population or beneficiaries No written translation is required. and less than 1,000 in number Source:Community Development Block Grant"Grant Management Handbook",page 7-19,2017 2. The frequency with which LEP persons come into contact with the program: The program and/or City services are to benefit the entire population of the City of Woodburn. The City encompasses a multitude of services, including City Hall, City Parks, Library and Aquatic Center, and Public Works/Infrastructure services including service registration and billings.Those interested in the learning more about the City's programs or projects are encouraged to attend City Council meetings or request information at City Hall. The frequency with which LEP persons may come into contact with City programs and services is significant for both Spanish speaking and Russian speaking persons. Therefore, the City of Woodburn provides vital written documents in these languages. In addition, the City commits to and provides other language translation services, sign language, hearing, speech or other translation services as requested via bi-lingual employees/staff who are available during normal business hour and a contract with the translation service "Language Line". 3. The nature and importance of the program, activity, or service provided by the program: The program, activities and services provided by the City serves all residents. Certain services like utility water and sewer services are especially critical in nature and make it more likely that language assistance may be needed to ensure access to all LEP individuals. It is also likely that City personnel will regularly encounter LEP individuals while making City services and program available to the public, so it is vital that the City continue to analyze its offered translation services in order to identify any additional areas of potential concern to LEP individuals. 4. The resources available and costs to the recipient: The City of Woodburn has sufficient staff capacity at City Hall and across its various departments and programs to provide—in-person translation services and to make vital documents available in Spanish and Russian.The City has well established translation and interpreter services available for all public meetings, court, police, and City Hall services. Upon request, the City also commits to provide other language translation services, sign language, hearing, speech or other translation services as requested via bi-lingual employees/staff who are available during normal business hour and a contract with the translation service "Language Line". FOUR FACTOR ANALYSIS DETERMINATION:The City shall make sure that all notices provide for access to public meeting spaces and provide for the availability of translation services, if requested. Said notices will be provided in English and Spanish and staff has developed model text to include in future agendas and notices regarding this project. 3 35 Exhibit A Based on the four factor analysis for meaningful access, the City provides text translation in Spanish and other languages upon request, on all public notices and newsletters and other applicable forms that the City of Woodburn has jurisdiction over. IMPLEMENTATION PLAN LANGUAGE SERVICES AVAILABLE Written Translations Safe Harbor: Housing and Urban Development, in its final guidance for providing program access to LEP individuals, has detailed a 'Safe Harbor'where providing a certain level of translated materials for a LEP population of a specified size will "be considered strong evidence of compliance with the recipient's written translation obligations." According to the 'Safe Harbor' Guidelines for written language assistance, any language population that constitutes more than 5-percent of the eligible population or beneficiaries and 50 person or more in number is required to provide written translations of vital documents.The City of Woodburn determines that, in regards to its LEP language populations, Spanish LEP populations are at 5 percent or more or 50 persons or more, and thus translated vital documents is required.Therefore, City of Woodburn is required to provide written translation to these LEP individuals as identified in the 'Safe Harbor' guidelines.The City of Woodburn will use, when there is difficulty determining this language spoken, Language Identification Cards created by the U.S. Census Bureau. Vital Documents: A vital document is any document that is critical for ensuring meaningful access to the City's major activities and programs by beneficiaries generally and LEP persons specifically.The City intends to consistently assess and determine, over time and across its various activities, what documents are "vital"to the meaningful access of the LEP populations it serves.The City provides the Fair Housing brochure and poster in English and Spanish. Upon request, the City also commits to provide sign language, hearing, speech or other translation services including referrals to community liaisons proficient in the language of LEP persons. Oral Interpretation Staff Obtainment of Language Services: Staff needing translation services will contact another bilingual staff member, the City's Community Relations Manager, or the City Recorder, who will refer staff to community liaisons proficient in the language. In addition, the City of Woodburn will use,when there is difficulty determining this language spoken, Language Identification Cards created by the U.S. Census Bureau. PROCEDURE FOR LEP CALLERS Upon request,the City also commits to provide hearing, speech or other translation services including referrals to community liaisons proficient in providing services to LEP persons. PROCEDURE FOR WRITTEN COMMUNICATION WITH LEP INDIVIDUALS Upon request,the City also commits to provide translation services including referrals to community liaisons proficient in the language of LEP persons. 4 36 Exhibit A PROCEDURE FOR IN-PERSON COMMUNICATION WITH LEP INDIVIDUALS Employees of the City of Woodburn who encounter an LEP individual will contact another bilingual staff member, the City's Community Relations Manager, or the City Recorder who will refer the individual to community liaisons.The LEP individual can decline the interpretation assistance if he or she wishes to utilize another individual for services, but the individual will still be offered the service. In addition,the City of Woodburn will use, when there is difficulty determining this language spoken, Language Identification Cards created by the U.S. Census Bureau. ENSURING COMPETENCY IN INTERPRETERS AND TRANSLATION SERVICES Training Staff: All City of Woodburn staff acting as point-of entry contacts will be given instruction on how to identify LEP clients using Language Identification Cards and other established methods and how to utilize interpretation services. Monitoring and Updating the LEP:The City of Woodburn will monitor and update the LEP as needed.The City will review the LEP periodically against new Census data, or as needs arise,to identify any changes that need to be made or if the City of Woodburn encounters difficulty interacting with LEP individuals. U.S. Department of Housing and Urban Development. Limited English Proficiency(LEP) Frequently Asked Questions. http://portal.hud.gov/hudportal/HUD?src=/program offices/fairhousing_equal_opp/promotingfh/lep-fag#g1 5 37 u -'49M& Item 8U February 10, 2020 TO: Honorable Mayor and City Council through City Administrator FROM: Jamie Johnk, Economic Development Director SUBJECT: Community Development Block Grant (CDBG) Program Application Documents for the Woodburn Family Resource Center Project RECOMMENDATION: Approve the attached documents related to the Woodburn Family Resource Center and authorize the City Administrator to execute them and any related documents. BACKGROUND: On August 12, 2019, the Woodburn City Council held a public hearing and approved Resolution 2137 that authorized the City to apply for, and if awarded, accept Community Development Block Grant ("CDBG") funding from Business Oregon for the purpose of acquiring real property that would serve as a Woodburn Family Resource Center. A future family resource center funded through the CDBG Program would provide essential services to benefit low- and moderate-income individuals. DISCUSSION: As staff continues to prepare the CDBG application (due April 30, 2020) there are a number of documents that must be presented to and approved by the Woodburn City Council, as follows: • Option to Purchase Real Property: After conducting a thorough inventory of properties available in Woodburn to serve as a Family Resource Center, 970 Cascade Drive was identified as the best fit. The City is currently leasing the property (970 Cascade Drive) with a lease term through July 31 , 2020. Should the City be awarded CDBG funding, the City would exercise its exclusive right to purchase the property in the sum of $1 ,480,000. Agenda Item Review: City Administrator X City Attorney X Finance X 38 Honorable Mayor and City Council February 10, 2020 Page 2 • Notification to Seller and Disclosure to Seller for Voluntary Acquisition Addendum to Option Agreement: Per CDBG guidelines, the City (applicant) must inform the Seller (Cascade at 214, LLC) that this would be a voluntary sale pending CDBG funding and covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (the Uniform Act or URA). As a voluntary sale, there is no threat of eminent domain or condemnation. In addition, the documents disclose that the City is required to pay fair market value for said property. • Agreement with Mid-Willamette Valley Council of Governments (COG): The City proposes to contract with COG for CDBG grant administration service, should CDBG funded be awarded, in the amount of $7,500. • Memorandum of Understanding with Love INC: Should the Family Resource Center be funded through the CDBG program, the City will designate Love INC as the resource partner to occupy the Center as well as to serve as the on-site manager and administrator for the center. This MOU memorializes such a future arrangement. FINANCIAL IMPACT: The City will apply for a CDBG grant in the amount of $1 ,500,000 in order to establish a Family Resource Center. Should the City receive the grant, funds would be disbursed in FY 2020-21 . 39 OPTION TO PURCHASE REAL PROPERTY This Option to Acquire Real Property("Agreement") is entered into this day of , 2020("Effective Date"), by and between Cascade at 214, LLC, an Oregon limited liability company("Owner") and the City of Woodburn, an Oregon municipal corporation ("Optionee"). RECITALS A. Owner owns fee-simple title to real property generally located at 970-990 N. Cascade Drive, Woodburn, Oregon, more particularly described in Exhibit A,together with all improvements situated on it(the"Property"). B. Optionee is currently leasing the Property from the Owner with a lease term through July 31, 2020. C. Optionee desires to purchase the Property, contingent upon receiving funding for the purchase through a Community Development Block Grant for which it is currently under consideration for. I D. This Agreement provides for Owner's grant to Optionee of an exclusive option to purchase the Property pursuant to certain terms and conditions. The Parties agrees as follows: i AGREEMENT i 1. Grant of Option. Owner,in consideration of the sum of one dollar($1.00),grants to Optionee the sole and exclusive option to purchase the Property, described in Exhibit A in the manner and for the price stated in this Agreement(the"Option"). 2. Option Term,The Option Term means that period of time commencing upon the Effective Date and ending on or before July 31, 2020. 3. Exercise of Option. Optionee may exercise its exclusive right to purchase the Property pursuant to the Option by giving written notice of exercise to the Owner at any point during-and prior to the expiration of the Option Term. In the event the Optionee does not exercise its right to purchase the Property granted by the Option during the Option Term, Owner shall retain the amount paid as consideration for the Option and this Agreement shall become null and void and neither party shall have any other liability, obligation, or duty pursuant to this Agreement. 4. Contract for Purchase &Sale of Real Property. In the event that the Optionee exercises its Option pursuant to the terms and conditions above, Owner agrees to sell and Optionee agrees to buy the Property and both Parties agrees to execute the Purchase and Sale Agreement attached as Exhibit B, which includes the following terms: (a) Purchase Price.The purchase price for the Property will be the sum of one million four hundred eighty thousand 0/100 dollars ($1,480,000). OPTION TO ACQUIRE REAL PROPERTY 970-990 N.Cascade Dr.,Woodburn,Oregon Page 1 of 15 40 i (b) Closing Date.The closing date will be on or before September 30, 2020. (c) Closing Costs. Optionee and Owner each will pay one-half of the escrow fee of the Title Company with respect to the Closing. Owner will pay the premium for the title insurance policy that Owner will be obligated to provide to Optionee, and Owner will pay all conveyance or excise taxes payable by reason of the purchase and sale of the Property. Optionee will pay the fee (exclusive of any conveyance or excise tax) for recording the conveyance documents referred to herein. 5. Termination of Option by Owner. It is agreed by the Parties that Owner hereunder can terminate this Agreement anytime during the Option Term with advance---express and constructively delivered—Notice of Intent to Terminate Option at least thirty(30) calendar days prior to the intended termination date. Following receipt of such notification, Optionee shall have until the noticed termination date to exercise its Option under the terms specified in the Option Agreement, or forever relinquish the rights conveyed by the Option Agreement. In the event the Owner terminates and the Optionee does not exercise its option to purchase said Property during the Option Term,the Option Agreement shall become null and void and neither party hereto shall have any other liability, obligation or duty hereunder or pursuant to the Option Agreement. 6. Miscellaneous. 6.1. Notices.All notice, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed,certified mail, return receipt requested, or sent by standard overnight carrier to the following addresses: If to Owner,to: If to Optionee,to: Cascade at 214, LLC City Administrator, City of Woodburn 500 Marshall Street 270 Montgomery Street Woodburn, Oregon 97071 Woodburn, Oregon 97071 6.2. Non-Assignment. During the Option Term,the Owner shall not in anyway transfer, assign, convey or otherwise encumber its interest in the Property.Additionally, no interest of Optionee may be assigned, subcontracted, or otherwise transferred,without the prior written consent of the Owner, which Owner may withhold in its sole discretion. 6.3. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Oregon. 6.4. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to protect the other party's rights and interest in the Property. 6.5. Severability. If any term of this Agreement if found to be invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The Parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly,the Parties shall agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. OPTION TO ACQUIRE REAL PROPERTY 970-990 N.Cascade Dr.,Woodburn,Oregon Page 2 of 15 41 6.6. Entire Agreement.This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements.There are no representations or understandings of any kind not set forth herein.Any amendments to this Agreement must be in writing and executed by both Parties. [SIGNATURES FOLLOW ON NEXT PAGE] OPTION TO ACQUIRE REAL PROPERTY 970-990 N.Cascade Dr.,Woodburn,Oregon Page 3 of 15 42 The Parties have entered into this Option Agreement, effective as of the date first written above. OWNER: Cascade at 214, LILC lucien'�. Klein, Member Date STATE OFOREGON ) � ss COUNTY(]FMARION ) The foregoing instrument was acknowledged before noeonthis }3dmyof 2020, by -as the f_ (Print Name) Notary Public Myappointment expires: ______ (}PT|ONEE: City ofWoodburn Scott Dericksom, City Administrator Date STATE 8FOREGON \ ) sy COUNTY OF MARION ) | The foregoing instrument was acknowledged before meomthis__day of 2020, / by as the of (Print Name), Notary Public � � Myappointment expires: ______ � OPTION TQACQUIRE REAL PROPERTY EXFIIBIT A LEGAL DESCRIPTION OF PROPERTY 970 Cascade Drive, Woodburn, Oregon 97071 ! ar n r+i Wr a ! Newherq NY tiMbog Hy � sass } "� ACATED BY 79, p u cN COR n • �[ .� ,�'v p ° ° o !� OLD 43LEASURE DLC 78 a A 1700 + 4 0.75 AC 6 •o ! h 926.8fi 1 ,'Z 1800 3.9d A C CS Zs708 A parcel of land Located in Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, described as follows Beginning at a point North 0.79 feet and West 29.99 feet from the Southwest corner of R. r. Hall Donation Land Claim; thence North 806 291 4211 West along the north line of a 20 forst wide easement, 454.91 Feet to the East line of Cascade Drive; thenoe Horth 01' 42, 08" Rant along said East line, 240.08 Beet to the true point of beginning; thence continue North 00 42, 0811 East along said Nast Line, 152.35 foot to a point on the Southerly right of way realignment of State Highway 214, said paint being South 46.22 feet and East 46.36 feat of OSHD oentorline Station 124+15.54 PS; thence along a line which is offset 45 feet Southerly and parallel to the centorii.ne of a highway spiral, curve oonoave Southwesterly, which has the centerli.no spiral data of 14° CR, Total delta 51" 481 3011, To 269.66 foot] 140 foot Sps, South 9° 40' a 10,0 as followso along the arc of a spinal curve right (the long chord of which bears South 846 10' 271, East, 84.98 ,foot) to 0SRn Station 125+55.34 'PCS; along the arcs of a 364.26 foot radius curve right (the long chord of which beara South 620 59' 25" Last, 202.08 feet), a distanoo of 204.77 feat to ASHD Station, 127+85.40 PCS; along the circ of a spiral curve right (the long chord of which bears South 41* 58, 101, East, 01.1.7 feet) to an iron rod located on the Northeast comer of the property described in Reel 292, Page 128; thence North 88° 291 421, West, 320.04 feat to the true point of bagiuning on the aforesaid East line of Cascade Drive. OPTION TO ACQUIRE REAL PROPERTY EXHIBIT A 970-990 N.Cascade Dr.,Woodburn,Oregon Page 5 of 15 44 EXHIBIT B FORM OF PURCHASE&SALE AGREEMENT This Purchase and Sale Agreement("Agreement") is entered into this _day of 2020 ("Effective Date"), by and between Cascade at 214, LLC, an Oregon limited liability company("Seller") and the City of Woodburn,an Oregon municipal corporation ("Buyer"). RECITALS A. Seller owns fee-simple title to real property generally located at 970-990 N. Cascade Drive, Woodburn, Oregon, more particularly described in Exh� ib� together with all improvements situated thereon (the "Property"). B. Buyer holds an exclusive option to purchase the Property and if so exercised, both Parties have agreed to execute this Purchase and Sale Agreement in the form and including the terms and conditions set out in this Agreement. The Parties agree as follows: AGREEMENT 1. Purchase and Sale, Price, and Payment. 1.1. Purchase and Sale. For and in consideration of the Purchase Price (as defined in Section 1.2) and the mutual promises, covenants, representations, and warranties contained in this Agreement, Seller shall sell and convey, and the Buyer shall purchase the real property,together with all improvements,generally located at 970-990 N. Cascade Drive,Woodburn, Oregon, more particularly described in Exhibit A(the "Property"). 1.2. Purchase Price. Buyer shall pay the Seller the amount of one million four hundred eighty thousand 0/100 dollars($1,480,000)as consideration for purchase of the Property(the"Purchase Price"). 1.3. Payment.The Purchase Price shall be payable by the Buyer to the Seller on or before the Closing Date (as defined in Section 2.2.1). Payment may be made through escrow opened with First American Title Company("Escrow Agent"). 2. Escrow and Closing. 2.1. Opening of Escrow. Buyer will open an escrow account at the offices of First American Title Company at 681 Glatt Circle,Woodburn,Oregon. Upon mutual execution of this Agreement, Buyer and Seller shall deliver a fully executed copy of this Agreement to Escrow Agent. 2.2. Closing. 2.2.1 Closing Date,. The consummation of the purchase and sale of the Property (the "Closing") will occur within ten (10) days after satisfaction or waiver of the Buyer's OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 6 of 15 45 conditions to Closing set forth in Section 4.1 below,and no later than September 30,2020. The term"Closing Date" means the date of Closing.The Closing will be conducted through escrow with the Escrow Agent (it being the intention of the Parties that all closing documentation and funds will be delivered to the Escrow Agent). 2.2.2 Seller's Closing Obligations. At the Closing, Seller shall: (a) Execute, acknowledge and deliver a Statutory Warranty Deed for the Property subject only to the Permitted Exceptions and such other agreements, documents and instruments as may be necessary to transfer, convey and assign the Property to Buyer; (b) Deliver to Buyer, 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 i (c) Deliver to Buyer such other instruments or documents as may be required i pursuant to the provisions hereof or as mutually agreed by counsel for Seller and Buyer to be necessaryto fully consummate the transaction contemplated hereby. 2.2.3. Buyer's Closing Obligations. At the Closing, Buyer shall: (a) Deliver to Seller cash or immediately available funds for the Purchase Price; and (b) 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 Buyer to be necessary to fully consummate the transaction contemplated hereby. 2.2.4 Allocation of Closing Costs. The cost of closing the transaction shall be allocated between Seller and Buyer as follows: (a) Seller shall pay: (i) the Premium for the ALTA owner's coverage Title Policy required by subsection 3.2; and (ii) one-half of the escrow fees of the Title Company. (b) Buyer shall pay: (i) one-half of the escrow fees of the Title Company; (ii) the cost of additional or extended title insurance beyond standard coverage;and (iii) the cost of recording the statutory warranty deed and any other documents that Buyer may choose to record. (c) All other expenses incurred by Seller or Buyer 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 OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 7 of 15 46 one of the Parties. 2.3 Risk of Loss. Risk 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 Buyer. Seller will immediately notify Buyer in writing of any such loss. Buyer'shall notify Seller,in writing,within fifteen(15)days of Buyer's receipt of Seller's notice whether Buyer shall proceed to Closing. Buyer's failure to notify Seller that it will proceed to Closing shall constitute notice of disapproval of the loss. If Buyer disapproves of the loss, Seller shall pay any cancellation fee or other cost of the Title Company and this Agreement shall terminate and all rights and obligations of the Parties shall terminate. 3. Title. 3.1. Title Review. 3.1.1. Preliminary Commitment.Within ten(10)days following the Effective Date,Seller will cause the Title Company to issue to Buyer, at Seller's cost and expense a Preliminary Commitment for the Title Policy referred to in Section 3.2 showing the status of title of the 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 Buyer.The Seller will also cause Title Company to concurrently deliver to Buyer 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 Buyer the foregoing items. 3.1.2. Buyer's Review. Buyer 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. Buyer's failure to notify Seller that it has disapproved a particular exception shall constitute Buyer's approval of that exception. Any exception that Buyer has approved shall become a Permitted Exception. Notwithstanding the foregoing, Permitted Exceptions shall not include and Seller shall be required to remove all Monetary Encumbrances, which shall be defined to mean (1) any monetary liens, including without limitation, the liens of any deeds of trust or other loan documents secured by the Property; or (ii) any mechanic's liens arising out of actions of Seller. 3.1.3. Seller's Response.Seller shall have ten(10)days after receipt of Buyer's notice to notify Buyer, in writing, of its agreement to cure or remove any of the disapproved exceptions.Seller's failure to notify Buyer 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. 3.1.4. Buyer's Rights. If Seller does not agree to cure or remove all exceptions disapproved by Buyer, Buyer shall have ten (10) days from Buyer'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 3.1.3 to notify Seller, in writing,whether it will in OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 8 of 15 47 its sole discretion, waive such objections and close the transaction or terminate this Agreement. Buyer's failure to give such notice shall constitute Buyer's election to waive its objections and close the transaction. In that event, the disapproved exceptions shall become Permitted Exceptions. If Buyer elects to terminate this Agreement, Seller shall pay any cancellation fee or other cost to the Title Company, and this Agreement shall terminate and all rights and obligations of the parties shall terminate. 3.1.5. Updated Title Matters. The foregoing notice and response procedure shall be repeated for any title exceptions first appearing after Buyer'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. 3.2. Title Policy. At Closing, Seller will, at its sole cost and expense, cause the Title Company to issue to Buyer a standard American Land Title Association ("ALTA") form of owner's policy of title insurance, in the amount of the Purchase Price of the Property, insuring Buyer 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 Buyer. If at Closing, the Title Company will not insure the title as provided above, Buyer may either proceed to close despite the lack of required insurance or terminate this Agreement. If Buyer terminates this Agreement, Seller shall pay any cancellation fee of the Title Company, and this Agreement shall terminate all rights and obligations of the parties will terminate. 4. Conditions to Closing. 4.1. Buyer's Conditions to Closing. Close of Escrow and Buyer's obligation to purchase the Property pursuant to this Agreement are subject to the satisfaction of the following conditions at or prior to the Closing: 4.1.1. Title. By the Closing Date, Seller shall provide Buyer with marketable title to Property free and clear of liens and encumbrances except for non-delinquent bonds and taxes, zoning ordinances, building and use restrictions,easements of record which affect the Property,covenants,and conditions and restrictions of record. 4.1.2. Title Insurance. By the Closing Date, Buyer should be able to attain from the Escrow Agent the Title Policy as required by subsection 3.2. 4.1.3. Condition of the Property. The Property has not been affected by any development, building, construction,fire, flood,or moratoria prior the Closing Date. 4.1.4. Inspection Contingency. Buyer has thirty (30) days following the Effective Date (the "Review Period") to satisfy itself concerning all aspects of the Property, including, without limitation, the physical condition thereof; the availability of any governmental permits and approvals; and the feasibility of using the Property for Buyer's intended use. Buyer has the right to perform any tests, inspections, and feasibility studies on the Property as Buyer may deem necessary; provided, however, that Buyer will not conduct OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 9 of 15 48 any environmental assessment that would require soils analysis, groundwater testing, or other studies commonly associated with a Environmental Site Assessment without the prior written consent of Seller in each instance, which consent may be withheld or conditioned in Seller's sole discretion. All costs and expenses of all of Buyer's tests, inspections, and studies will be paid by Buyer when due, regardless of whether this transaction closes. If, by the end of the Review Period, Buyer has not notified Seller in writing that Buyer accepts the Property and all aspects thereof in its then-current condition,this Agreement will automatically terminate.This Agreement thereafter will be void and neither party will have any obligation to the other, except as otherwise provided herein. If Buyer elects, Buyer may offer Seller the opportunity to correct any items Buyer determines to be unacceptable by providing Seller with written notice prior to the end of the Review Period of what must be corrected, by what dates,and in what manner(the "Correction Notice"). Within ten (10) days after Seller is given the Correction Notice Seller may notify Buyer in writing of whether and to the extent Seller will effect and pay for any corrections (the "Notice of intent to Correct"), all of which will be completed prior to the Closing Date. If Seller fails to give a Notice of Intent to Correct within said ten (10) days, Seller will be deemed to have refused to agree to such corrections. Within ten (10) days after Seller gives a Notice of Intent to Correct (or after the last day of the period within which the notice is to be given if it is not), Buyer may elect to (i) cancel this Agreement, or(ii)agree to waive its inspection contingencies as provided in this section, whereupon Seller must promptly commence and proceed with diligence to completion prior to the Closing Date with the correction of the items that Seller agreed to undertake in its Notice of Intent to Correct. The failure of Buyer to give notice of its waiver to Seller will be deemed an election to cancel. 4.1.5. Right to Possession. At the Closing and as a condition thereto, Buyer shall have full and unrestricted right to possession of the Property subject only to the Permitted Exceptions. 4.1.6. Taxes and Liens. Seller shall be responsible for any and all deferred or abated taxes and related interest and charges, any past due taxes and assessments through Closing and shall cause such to be paid and removed at or before Closing. Seller shall not be responsible for the payment of any taxes and assessments that are levied against the Property after the Closing Date. If any of the conditions to Buyer's obligations set forth above fail to occur at or before the Closing Date through no fault of Buyer,then Buyer may cancel the Escrow,terminate this Agreement,and recover any amounts, including the Purchase Price if deposited and any interest earned thereon, paid by Buyer to the Escrow Agent toward the purchase. Escrow Agent shall immediately release the funds to Buyer without further instruction from Seller. 4.2. Seller's Conditions to Closing. Close of Escrow and Seller's obligation to sell the Property pursuant to this Agreement, are subject to the satisfaction by Seller of Buyer's obligations under this Agreement, including, but not limited to, Buyer's obligation to deliver cash for the Purchase Price on or before the Closing Date. If Buyer has failed to fulfill its obligations under this Agreement, at or before the Closing Date, through no fault of Seller, then Seller may cancel the OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 10 of 15 49 Escrow, terminate this Agreement, and recover any documents delivered to the Escrow Agent pursuant to this Agreement. 5. Representations and Warranties. 5.1. Title Covenant. Seller represents and warrants that Seller is the sole owner of fee title to the Property,free of all liens and encumbrances,and will defend such title from the lawful claims of persons claiming superior title. I 5.2. Authority. Seller and Buyer represent and warrant that each has obtained all requisite authorizations for the execution and delivery of this Agreement and the performance of the transactions contemplated by this Agreement, and that the execution and delivery of this Agreement are made pursuant to such authorizations. Buyer is a validly existing municipal corporation pursuant to Oregon law and the City of Woodburn Charter. 5.3. Litigation. There are no pending claims or litigation or threats of claims or litigation or other matters of which Seller is aware that could adversely affect Buyer's title, use, or enjoyment of the Property. 5.4. Encroachments.To Seller's knowledge (a) all structures and improvements, including any driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing building, structure,or improvement of any kind encroaches upon the Property from any adjacent property,and (c)there are no present or past discrepancies or disputes regarding the boundaries of the Property. 5.5. Rights and Contracts Affecting Property. Except for this Agreement,Seller has not entered into any other contracts for the sale of the Property, nor are there any existing rights of first refusal or options to purchase the Property. Except for those exceptions of record listed on the Title Report, Seller owns the Property in fee, free and clear of all liens, conditions, reservations, mortgages, leases, licenses, easements, prescriptive rights, permits, or other similar encumbrances, Seller has not sold, transferred, conveyed, or entered into any agreement regarding timber rights, mineral rights, water rights, "air rights," or any other development or other rights or restrictions relating to the Property, and to Seller's knowledge no such rights encumber the Property. There are no service contracts or other agreements pertaining to the Property that Buyer will be required to assume at Closing. 5.6. Public Improvements or Governmental Notices. To Seller's knowledge, there are no intended public improvements which will result in the creation of any liens upon the Property, nor have any notices or other information been served upon Seller from any governmental agency notifying Seller of any violations of law, ordinance, rule or regulation which would affect the Property. 5.7. Bankru tc or Foreclosure Affecting Property. To Seller's knowledge, 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; or (iv) pending foreclosure or forfeiture action. OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 11 of 15 50 5.8. Brokers.Seller and Buyer represent and warrant that each shall be responsible for any fee or commission due to any broker employed by either party in connection with this transaction and shall not be responsible for any portion of the other parties' broker fees or commission. I 5.9. Survival. The representations and warranties in this section shall survive Closing for a period of twelve (12) months. 6. Condition of Property. Excepting only the specific representations and warranties of Seller contained in Section 5 of this Agreement, all of which shall survive Closing and shall not merge with the deed,Buyer accepts the land,buildings,improvements,any personal property sold under this Agreement, and all other aspects of the Property in their present condition,AS IS, WHERE IS, including latent defects, without any representations or warranties from Seller or any agent or representative of Seller,expressed or implied, except for such warranties that may arise by law under the Deed and except as otherwise specifically set forth in this Agreement. Pursuant to Subsection 4.1.4., Buyer agrees that Buyer has ascertained, from sources other than Seller or any agent or representative of Seller,the condition of the Property, its suitability for Buyer's purposes, and the applicable zoning, building, housing, and other regulatory ordinances and laws affecting the Property. Buyer accepts the Property with full awareness of these ordinances and laws as they may affect the present use or any intended future use of the Property. Except for such warranties that may arise by law under the Deed and except as otherwise specifically stated in this Agreement Seller has made no representations with respect to such condition or suitability of the Property or such laws or ordinances. 7. Waiver. The failure of either party at any time to require performance of any provision of this Agreement will not limit the party's right to enforce the provision except to the extent expressly set forth in a writing signed by that party, nor will any waiver of any breach of any provision constitute a waiver of any succeeding breach of that provision or a waiver of that provision itself. 8. Modifications and Inte ration. No modification, amendment, discharge or change of this Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, amendment, discharge or change is sought. This document is the entire, final, and complete agreement of the parties pertaining to the sale and purchase of the Property, and supersedes and replaces all prior or existing written and oral agreements between the parties or their representatives relating to the Property. 9. Successor Interests. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns, but no interest of Buyer may be assigned, subcontracted, or otherwise transferred, voluntarily or involuntarily, without the prior written consent of Seller, which Seller may withhold in its sole discretion. Seller's consent to one transfer will not constitute consent to other transfers or waiver of this section.Any attempted assignment in violation of this provision will be void and of no effect with respect to Seller. 10. Notice. Any notice under this 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: 10.1. For Seller: Cascade at 214, LLC, 500 Marshall Street, Woodburn, OR 97071. OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 12 of 15 51 10.2. For Buyer: City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. 11. Oregon Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law.Any claim, action, suit or proceeding (collectively, "Claim") between the Buyer and Seller that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. Seller hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenient forum. 12. 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 will occur upon a Saturday, Sunday, national banking holiday or State of Oregon holiday, then, in such event, the time period or the due date for such performance will be automatically extended to the next succeeding day that is not a Saturday, Sunday, national banking holiday or State of Oregon holiday. Except for express reference to "business" days, all time periods will be deemed to be calendar days. 13. Remedies.TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. if either Party fails to deliver necessary funds or documents, or fails to consummate the transaction by March 30, 2020, the Purchase Price, if deposited with the Escrow Agent,will be refunded to Buyer,this Agreement shall be null and i void, and the parties shall have no further liability to the other arising out of this transaction. [SIGNATURES FOLLOW ON NEXT PAGE] OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 13 of 15 52 The parties have entered into this Purchase &Sale Agreement, effective as of the date first written above, SELLER: Cascade at 214, LLC Lucie'�tS, Klein, MembeR. r' Date STATE OF OREGON ss. COUNTY OF MARION The foregoing instrument was acknowledged before me on this,2 3day of J"cko�,oi 2020, by L u (j (�,,) 6 r as the of 111--FICNAI.STAW iiARRUNDER KAIUR re P 0170 ty C A EGON PUIBUC (Print Name) COMNSMN NO.99 1352 k/ly COMMISSION EXPI11ES Si,7,F,'rEhAr3ER IS,�202,3,, Notary Public My appointment expires: BUYER: City of Woodburn Scott Derickson, City Administrator Date STATE OF OREGON ss. COUNTY OF MARION The foregoing instrument was acknowledged before me on this—day of 2020, by as the of (Print Name) Notary Pubiic My appointment expires: OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 14 of 15 53 CERTIFICATE OF APPROVAL OF CONVEYANCE (ORS 93.$08) The City of Woodburn, acting through its City Administrator, hereby approves and accepts, pursuant to ORS 93.808,the conveyance of warranty deed from Cascade at 214, LLC, of the real property described in the deed to which this Certificate is attached. A copy of this Certificate may be affixed to and recorded with the warranty deed described above. DATED this day of .2020. CITY OF WOODBURN i Scott Derickson, City Administrator State of Oregon } } ss. County of Marion ) The foregoing instrument was acknowledged before me on 2020, by Scott Derickson, City Administrator of the City of Woodburn,acting under authority granted to him by the Woodburn City Council. (Print Name) Notary Public My appointment expires: OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B 970-990 N.Cascade Dr.,Woodburn,Oregon Page 15 of 15 54 x . a OODBURN NOTIFICATION TO SELLER To: Cascade at 217, LLC The purchaser of your property located at 970 N. Cascade Drive in Woodburn is being assisted with funding from the Community Development Block Grant Program (CDBG) provided through the City of Woodburn.The purpose of this letter is to inform you of your rights under Federal law when federal funds are involved in property acquisition. This is a voluntary sale. Activities funded by CDBG are covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act, commonly called "the Uniform Act or URA". URA protects persons whose property is taken involuntarily or who are forced to move as a direct result of a federally funded project. However, because this is a voluntary sale negotiated between you and the City of Woodburn and there is no threat of eminent domain or condemnation to take your property, this sale is not regulated by URA except for the following notifications, which we must present to you: 1. The City of Woodburn will not use its power of eminent domain to take your property if we cannot reach an agreement through negotiation. 2. The CDBG program cannot pay above the appraised value. An appraisal has been completed on the property(see attached).The CDBG program, if awarded, will not pay more than the agreed upon price or the appraised value,whichever is the lessor of the two values. 3. The fair market value of the property located at 970 N. Cascade Drive in Woodburn has been estimated at $1,480,000.The purchase price we are offering is$1,480,000. You have the authority to accept or reject our offer just as you would in a private transaction. You, as the seller, are not eligible for relocation assistance under the URA because the proposed sale is considered voluntary, and the above information is being provided to you prior to executing a purchase agreement or sales contract. If you have any questions or require additional information, please contact Jamie Johnk, Woodburn Economic Development Director at 503-980-6319 between the hours of 8 a.m. and 5 p.m. Monday-Friday. Sincerely, Scott Derickson City Administrator. ...... .... 270 Mono o ne)y S1rept YVooedhurn,Oregon 97071 Pla _503-982,`5,266 « fox-503-980-2448 .: 55 Attachment A Page Two (Use this portion of form for seller's signature, if seller receives Notification after Purchase Agreement was completed.) Owner Receipt of Information I, the owner of the property located at certify that I have received and understood the above information. I further certify that this notice was received: [ ] Prior to executing a purchase agreement. [ ] After the purchase agreement was executed; however, I do not wish to terminate this voluntary sale. Signed: Date: 56 x . a OODBURN Disclosures to Seller for Voluntary Acquisition Addendum to Option Agreement This addendum confirms certain terms and conditions related to the contemplated purchase of the property you own located at 970 N. Cascade Drive, Woodburn OR (the Subject Property). The parties to the contemplated sale are City of Woodburn (Buyer) and Cascade at 214, LLC (Seller). Buyer is prepared to pay$1,480,000 for clear title to the Subject Property except for items of record if we receive a successful Community Development Block Grant (CDBG) award. Because Federal Funds are anticipated to be used for some or all of the purchase price, we are required to disclose to you as Seller certain terms and conditions established under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). 1. Seller acknowledges that the sale of the property is voluntary. 2. Seller acknowledges that Buyer does not have the power to acquire the site by condemnation (i.e. eminent domain). 3. Seller will be advised of the fair market value of the Subject Property prior to closing and the price will be agreed upon between free negotiations between the Buyer and Seller in accordance with the procedures for voluntary acquisition under URA. 4. Seller acknowledges that owner-occupants of the Subject Property are not eligible to receive relocation assistance under URA because the contemplated sale is voluntary. If this letter accurately reflects your understanding of the terms relating to the sale of the Subject Property, please so acknowledge the fact by signing and dating a copy of this letter in the place provided below. Seller: Cascade at 214, LCC By: Name : (print name) 270 Mono o1ne)y S1rept Frooelbtwn,Oregon 97071 Pla _503-982,`5,266 « fox-503-980-2448 .: 57 AGREEMENT between MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS and CITY OF WOODBURN WHEREAS, the Mid-Willamette Valley Council of Governments (COG) and the City of Woodburn, Oregon (CITY), have long had interests in common;and WHEREAS, the CITY will apply for a 2019/2020 Oregon Community Development Block Grant (# for a Woodburn Family Resource Center;and WHEREAS, the CITY can show the funding agency readiness to proceed with the project and a more competitive application for funding if the CITY has under contract assistance for grant administration in advance of a potential CDBG award; and WHEREAS, with approval of the CDBG grant request, the CITY desires assistance with the administration of the Oregon Community Development Block Grant and the COG provides such service; and IN CONSIDERATION of the mutual benefits and obligations set out herein, the parties agree that from the date of this agreement's execution and CDBG funding award, to the estimated completion date of ,2020, the following provisions shall apply: I. Description of Work to be provided by COG: A. Research and prepare all documentation for the environmental review record for activities funded by the Grant and prepare draft notices and environmental findings for final CITY action. B. Draft CITY resolutions and policies regarding excessive force, fair housing, Section 3, and others as may be necessary and appropriate; assist CITY staff with the establishment of record keeping and financial management systems for the project; assist with completion of the Self-Evaluation Checklist required by Section 504 of the Rehabilitation Act of 1973; and other activities that may be necessary to get the project started and eligible to receive funds. C. Manage procurement and contracting processes related to the Grant on behalf of the CITY as needed. 58 D. Review all grant funded contracts for regulatory requirements, assist contractors and subcontractors with state and federal regulatory compliance problems emanating from this project and maintain all of the files and reports necessary to documentthe CITY'S compliance with the federal and state requirements that apply to this project. Provide any other assistance that may be requested by the CITY regarding state or federal regulatory requirements that apply to the expenditure of Oregon Community Development Block Grant funds. E. Review all payment requests, prepare the necessary cash request forms for signature by authorized CITY representatives, assist as needed with financial record keeping and preparation of disbursement documents for approval by CITY authorities,prepare all project progress reports that may be required of the CITY by the State of Oregon or the U.S. Department of Housing and Urban Development,represent the CITY at monitoring visits by Oregon Business Development Department representatives and help resolve any such monitoring findings, prepare other necessary project documentation, and be available to meet with the CITY'S auditor during the annual audit to answer project regulatory compliance questions. F. Prepare CITY completion reports and other documentation required for closing outthe Oregon Community Development Block Grant. II. Method of Payment and Payment Schedule The COG agrees to submit written invoices in amounts indicated and in accordance with the following schedule. The contract shall not exceed $7,500. The CITY agrees to make full payment with project funds on a lump sum basis at the followingmilestones: A. When all first-draw requirements have been met and the first request for disbursement ofgrant funds is submitted. $ 2,500 B. Upon submission of grant close out reports. $ 2,500 For environment review record and activities described in LA above,the COG shall submit invoices on a lump sum basis at the followingmilestones: E. Upon completion and publication of environmental review record. $2,500 Total Project Costs Not To Exceed: $7,500 III. Conflict of Interest No employee,agent,consultant,officer,elected official or appointed official of the city or county grant recipient or any of its sub-recipients (sub-grantees) receiving CDBG funds who exercise or have exercised any functions or responsibilities with respect to CDBG activities who are in a position to participate in a decision making process or gain inside information with regard to such activities,may obtain a financial interest or benefit from the activity or have an interest or benefit from the activity or have an interest in any contract, subcontract or agreement with respect thereto,or the proceeds there under,either for themselves or those with whom that have family or business ties,during their tenure or for one year thereafter,in accordance with 24 CFR Part570.489(h). 59 IV. Access to Records The CITY, State of Oregon Business Development Department, the U.S. Department of Housing and Urban Development,the Comptroller General of the United States,or any of their duly authorized representatives, shall have access to any books, documents,papers and records of the COG which are directly pertinent to this specific contract,for the purpose of making audit, examination,excerpts and transcriptions. All required records shall be maintained by the COG for three years after grantee makes final payments and all pending matters are closed. V. Remedies Each party shall be entitled to all remedies available at law and in equity to enforce rights under terms of this contract. VI. Suspension or Termination This contract may be suspended or terminated in accordance with 24 CFR 85.43,if the COG materially fails to comply with any term of this contract. This contract may also be terminated for convenience upon written notification by either party with a minimum notice of 30 calendar days. In the event of contract termination for convenience,COG shall be due payment for all work completed by the time of termination. VII. Source of Funds Work under this contract will be funded in its entirety with federal grant funds from the Oregon Community Development Block Grant program. IN WITNESS WHEREOF,both parties have signed and executed the above agreement as of the day of 12020. MID-WILLAMETTE VALLEY CITY OF WOODBURN COUNCIL OF GOVERNMENTS By By Sean O'Day,Executive Director Eric Swenson, Mayor 60 MEMORANDUM OF UNDERSTANDING FOR GOVERNANCE OF THE "WOODBURN FAMILY RESOURCE CENTER" FUNDED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This Memorandum of Understanding ("MOU") is entered into by and between the City of Woodburn, an Oregon Municipal Corporation (the "City"), and Love INC of North Marion County, an Oregon nonprofit corporation ("Love INC') (together the "Parties"). BACKGROUND A. On August 12, 2019, the Woodburn City Council held a public hearing and approved Resolution 2137 that authorized the City to apply for, and if awarded, accept 2019/2020 Community Development Block Grant ("CDBG")funding from Business Oregon for the purpose of acquiring real property that would serve as a Woodburn family resource center. B. A future family resource center funded through the CDBG Program would provide essential services to benefit low-and moderate-income individuals. C. Should the City's project be funded through the CDBG Program, it is the intent of the City to acquire and own the property that would serve as the family resource center and then lease program space to suitable non-profit entities that would operate and provide services to presumed benefit clientele within the facility. D. Should the City's project be funded through the CDBG Program,the City has identified Love INC as an essential partner to both occupy space within the family resource center, but more importantly serve as an on-site manager and administrator for the center. E. This MOU is intended to address the nature of a future operating relationship between the City and Love INC in the event the City is awarded funding through the CDBG Program and acquires the property for a family resource center. F. This MOU is a non-obligating and legally non-binding document that describes the intentions, roles, and responsibilities of the Parties who may decide to work together as described above. UNDERSTANDING 1. Relationship of the Parties. Nothing in this MOU is intended, or is to be deemed to create a partnership or joint venture between the Parties. Love INC shall at no time hold itself out as a subsidiary or affiliate of the City. Further, nothing contained herein shall be deemed or construed by the Parties, nor by any third parties, as creating a relationship between the City and any officers, employees, volunteers, suppliers, contractors, or subcontractors used by Love INC to carry out any activities under this MOU. 1.1 Status of the Parties. 1.1.1 City of Woodburn.The City, as a non-metropolitan city in Oregon, is eligible and has been invited by Business Oregon to apply for a Community Development Block MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 1 of 16 61 Grant ("CDBG")to fund a project that meets the national objective of benefiting low- and moderate-income individuals.The City has identified a CDBG-eligible project more precisely as opening a Woodburn family resource center.The City is currently in the process of applying for$1.5 million in CDBG funding to acquire real property that includes a facility that would house or serve as the location of the family resource center. 1.1.2 Love INC. Love INC is a non-profit entity located in Woodburn, Oregon, that serves eleven local communities in Marion County. Love INC's three pillars of service include helping people currently in poverty by meeting their immediate needs, helping people get out of poverty by meeting their relational needs, and addressing the causes of poverty by meeting the community's systemic needs. Over the past several years, Love INC has expanded and grown its level of services greatly and is currently in a position where it could benefit greatly by having a more suitable facility from which to operate from. 1.2 Authority. Each party represents and warrants that is has the full right and power to enter into this MOU and that it is fully ready, willing, and able to perform all its obligations hereunder. 1.3 Primary Contacts. Both Parties shall designate and identify a point person to work with the other party on any provisions of this MOU and the future operation of the family resource center.The City's Community Relations Manager will serve as the City's point of contact until or unless another individual is designated. 2. CDBG Funded Project.The City is seeking award of Community Development Block Grant ("CDBG")funding to acquire real property that includes a facility that will serve as a family resource center in Woodburn, Oregon. It is the intent of the Parties that should the City's project be funded through the CDBG program, Love INC would serve as the on-site manager and administrator of the family resource center for a period of not less than five (5) years. 2.1 Community Development Block Grant.The City is solely responsible for the cost and act of preparing and filing the grant application for the CDBG Program. Love INC agrees as part of this process to provide requested information to the City that may be necessary for completion of the grant application.The City shall submit its application no later than the April 30, 2020 deadline. Should the city be awarded the grant, the City shall be solely responsible for managing future grant distributions and completing all project reporting and auditing obligations. 2.2 Procurement &Ownership of Facility. Should the City's project be funded through the CDBG Program, the City intends to purchase the property located at 970-990 N. Cascade Drive, Woodburn, Oregon (the "Facility"), and maintain sole ownership of the Facility for a minimum of five (5)years. 2.3 Facility Occupancy. Following the City's purchase of the subject Facility, Love INC would relocate the majority of its operations and community services to the Facility and serve as the primary tenant and on-site manager at the family resource center for a minimum of five (5) years.Throughout this time, the City and Love INC intend to also identify additional nonprofit MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 2 of 16 62 service providers that would occupy additional office space and suites within the Facility as available and suitable to the mission and purpose of the center. 2.4 Family Resource Center.The City and Love INC agree to work in partnership to ensure that the Facility serves as a functioning and beneficial family resource center for Woodburn residents. 2.4.1 Non-Profit Status.Through the duration of the five-year cooperative relationship that this MOU contemplates, Love INC agrees that it will maintain its status as a 501(c)(3) nonprofit entity. 2.4.2 Program Services.The City and Love INC agree to work cooperatively to ensure that Love INC and all other nonprofit service providers located within the Facility will work in a coordinated fashion and complimentary to one another to meet the stated goals and needs of a Woodburn family resource center that provides essential services to benefit low-and moderate-income individuals. 2.4.3 Serviced Clientele. Per CDBG Program requirements, the family resource center is to provide essential services to benefit low-and moderate-income individuals. Love INC and all other nonprofit service providers located within the Facility shall meet this grant requirement by restricting its services at the Facility to CDBG-designated 'presumed benefit' clientele only. Presumed benefit clientele are generally low and moderate-income persons and includes abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS, and migrant farmworkers. Love INC and other nonprofit service providers located within the Facility shall use some form of client intake document that identifies serviced individuals to ensure they meet the classification of'presumed benefit' (see example intake form attached as Exhibit A). 2.4.4 Service Area. Per CDBG Program requirements, the family resource center is to provide essential services to exclusively City of Woodburn residents. Love INC and all other nonprofit service providers located within the Facility will be required to document and track the residency of its served clients to ensure compliance with this program requirement. 2.4.5 Reporting &Auditing. By the end of each calendar year, Love INC and the other nonprofit service providers shall provide reporting documentation to the City that shows the number and types of clientele serviced during the previous year. The City may also request records or to audit an entities' records to ensure that program requirements are being met. 2.4.6 Non-Discrimination. Love INC and all other nonprofit service providers located within the Facility will be required to provide client services on a basis that does not discriminate against any person on the basis of the person's race, color, sex, sexual orientation, religion, ethnicity, national origin, age, disability, familial status, marital status, gender identity, source of income, veteran status, or membership in any other protected class under state or federal law. MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 3 of 16 63 3. Facility Management. 3.1 Love INC as Property Manager. Following the City's purchase of the subject Facility, Love INC would serve as the on-site administrator to manage the Facility on behalf of the City for a period of at least five (5)years. Management services would include: (i) making or causing to be made all necessary repairs and alterations to the Facility as deemed advisable or necessary; (ii) supervising or overseeing construction of tenant improvements, remodels, or capital improvements; (iii) assigning office space and suite areas for occupancy by third-party tenants; and (iv) performing other brokerage-type services related to the Facility, such as, screening for appropriate tenants, negotiating and signing sublease agreements for space within the Facility, collecting rents due or to become due, and terminating tenancies as appropriate. In consideration of providing administration and management services at the family resource center, Love INC will be able to occupy a to-be identified area of space at the Facility at no cost beyond that contemplated by Section 4 below. 3.2 Tenant Identification and Leasing.The City and Love INC agree to coordinate on identifying other suitable nonprofit entities that can occupy additional office space and suites within the Facility.These entities must have the ability and capacity to provide essential services for the family resource center that meet CDBG's 'presumed benefit' clientele service requirements. Once suitable tenants are identified and agreed upon by the Parties, Love INC will manage the tenant's lease, and oversee Tenant's move-in, Facility access, utility and fixture needs, repair and remodel needs, and if necessary the Tenant's future move-out.A sample third-party sublease agreement with Love INC serving as Sublessor is attached as Exhibit B. 3.3 Tenant Alterations & Improvements. Should Love INC or any other third-party tenant desire to make tenant improvements or alterations to the Facility, Love INC shall first submit a written proposal to the City that outlines and describes the proposed work to be completed. The Parties will then together review the necessity, cost, and impact of the proposed improvements and ultimately, the City will make a determination to either approve, approve with modifications, or deny the proposal. Depending on the size and scope of proposed improvements,the City, Love INC, and the third-party tenant may agree upon a cost-sharing plan for the design, planning, or construction work required for the improvements. 3.4 Prohibited Conduct. In providing Facility management, at no time shall Love INC have the authority to take out a loan secured or mortgaged against the Facility. Love INC will also not create, incur, nor permit to exist any lien upon the Facility. 4. Facility Operation & Maintenance. 4.1 Utilities. 4.1.1 City Paid.The City agrees that it will provide water, sewer, and stormwater utility services at its expense at the Facility. 4.1.2 Love INC Paid. Love INC will be responsible for the electricity, gas, and garbage services at the Facility. Love INC may also elect to have at its own cost telephone, cable, MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 4 of 16 64 and internet services at the Facility. Love INC may collect a cost-sharing fee from other tenants occupying the Facility that utilize shared utilities. 4.2 Insurance. 4.2.1 City Paid.The City agrees that it will obtain and keep in full force and effect adequate casualty insurance for the Facility, protecting against physical damage and against liability for loss, damage or injury to the Facility. 4.2.2 Love INC Paid. Love INC agrees that it will obtain and keep in full force and effect (i) commercial general liability insurance applicable to the Facility with a per occurrence limit of no less than $1,000,000; (ii) "all-risk" property insurance covering standard leasehold improvements,tenant trade fixtures, equipment, furniture, and other personal property within the Facility in the amount of the full replacement cost thereof, and (iii) workers' compensation insurance as required by the State of Oregon. All commercial general liability insurance policies shall name the City as an additional insured. 4.3 Miscellaneous. 4.3.1 IT Services. As available within its own operational capacity, the City may provide Love INC and other tenants occupying the Facility with initial IT setup assistance at no cost. Love INC may then make additional requests to the City for IT support services by doing so in writing to the City's IT Manager.The City reserves the right to render such service at its discretion and may prioritize the workload of its personnel to provide such services, as it deems appropriate. 4.3.2 Furniture/Fixtures.The Facility would be provided by the City to Love INC with the fixtures and furnishings currently occupying the space. Love INC would have the ability remove or modify these furnishings by coordinating such efforts with the City and so long as such modifications are reasonably feasible, (e.g., storage of undesired furnishings is available or disposal is practical). 4.3.3 Signs. Love INC may place and maintain interior and exterior signs at the Facility. Any sign(s) must be of professional quality and be of reasonable size for their proposed location.The design of any new exterior sign(s)for the Facility shall be submitted to the City prior to their placement and installation for the City's approval; such approval shall not be unreasonably withheld or delayed. 4.3.4 Hazardous Materials. Neither Love INC, nor any of its agents, contractors, employees, licensees or invitees shall at any time handle, use, manufacture, store or dispose of in or about the Facility any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance (collectively"Hazardous Materials") subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, presently in effect or hereafter adopted, and all MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 5 of 16 65 rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"). 4.4 Maintenance. 4.4.1 Responsibility. Love INC will be responsible for the general upkeep and maintenance at the building, including furnishing and paying for handyman,janitorial, security monitoring, and landscaping services to keep the Facility in a neat, clean, safe, and sanitary condition for the operation of a family resource center. 4.4.2 City Contribution.The City intends to establish a "Capital Maintenance Reserve Fund" for future maintenance needs of the Facility.The City anticipates contributing at least five thousand 0/100 dollars ($5,000)to this fund per year. Love INC may also collect a nominal annual or monthly rent amount from other tenants occupying the Facility that would also help fund a maintenance reserve account for the Facility. Any rental amount charged must be pre-approved by the City prior to being implemented. 4.4.3 Oversight & Expenditures. Love INC will need to maintain and make available to the City copies of all financial records, bank statements (deposits/debits), and detailed disbursement records that memorialize the maintenance activities at the Facility and account for the expenditure of City funds. 4.4.4 Right of Entry and Inspection.The City and City's representatives will have the right to enter the Facility at any time and without notice in case of an emergency, and otherwise at reasonable times and with reasonable advance notice to Love INC to examine the Facility and to make alterations, improvements, repairs, or additions as are required, provided Love INC's use and enjoyment of the Facility is not unreasonably interfered with and that City shall repair and refinish the affected areas.The City will provide reasonable written notice of any need to conduct repairs or other work beyond normal maintenance and routine repairs. 4.4.5 Damages. Love INC shall be responsible for the direct costs of all damages to the Facility associated with its programs and activities, not including normal wear and tear. 5. Miscellaneous. 5.1 Assignment.The obligations and duties contemplated by this MOU are specific to the Parties involved. Neither party may assign the rights and responsibilities contemplated by this MOU to any other individual or entity. 5.2 No Third Party Beneficiaries. No provisions of this MOU are intended or will be construed to confer upon or give to any person or entity other than the signatories to this MOU any rights, remedies or other benefits under or by reason of this MOU. 5.3 Future Agreement. Should the City's project be funded through the CDBG Program, it is the intent of the Parties to replace this MOU with a binding operating agreement that better defines the roles and responsibilities of the Parties in administering family resource center services at the identified Facility. MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 6 of 16 66 5.4 Indemnification. Each party shall, to the extent it may under the Constitution and laws of Oregon, indemnify the other against all claims, demands, suits, actions, losses, damages liabilities, costs and expenses of any kind or nature arising directly out of a parties' intentional, reckless, or negligent acts, errors, or omissions in carrying out any activity under this MOU. 5.5 Limitation of Liability.The City shall not be liable for injury, damage, or loss suffered by Love INC, its agents or employees, on the Facility property, not caused by the negligence or intentional acts of the City, its agents, employees, or contractors. 5.6 Termination. As a non-binding document, either Party may terminate any perceived obligation or duty set out in this MOU by submitting written notice to the other party of its intent to terminate. 5.7 Notices. Any notice under this MOU 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 MOU or such other address as either party may designate by written notice to the other. Mailing addresses for the parties are as follows: (a) The City. City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071. (b) Love INC. Curt Jones, Executive Co-Director, 1560 Hardcastle Avenue, Woodburn, OR 97071. 5.8 Oregon Law.To the extent applicable, this MOU is governed by and construed in accordance with the laws of the State of Oregon. [Signature page follows] The parties have executed this MOU effective as of the last date of signature specified below. CITY OF WOODBURN, LOVE INC, an Oregon municipal corporation an Oregon nonprofit corporation MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 7 of 16 67 Scott Derickson, City Administrator Curt Jones, Executive Co-Director Date Date MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 8 of 16 68 EXHIBIT A NON-PROFIT CLIENT INTAKE FORM [SAMPLE] [NON-PROFIT'S NAME/CONTACT INFO] Date: Who are you Seeking Services for Today? ❑ MYSELF ❑ SELF+ FAMILY ❑ MY CHILDREN ❑ OTHER What Services or Assistance are Being Sought: Are you a Woodburn Resident? ❑ YES ❑ NO Household Size? Annual Household Income? ❑ Less than $14,999 ❑ $15,000-$24,999 ❑ $25,000—34,999 ❑ $35,000—44,999 ❑ $45,000—$54,999 ❑ $55,000—64,999 ❑ $65,000+ Ethnicity? ❑ Hispanic or Latino or Spanish Origin ❑ Not Hispanic or Latino or Spanish Origin Race? ❑ American Indian or Alaska Native ❑ Asian ❑ Black or African American ❑ Native Hawaiian or Other Pacific Islander ❑ White MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 9 of 16 69 EXHIBIT B FAMILY RESOURCE CENTER SUBLEASE AGREEMENT [TEMPLATE] This [office space/suite] Sublease Agreement ("Agreement") is made as of the last date of signatures indicated below ("Effective Date"), between Love INC, an Oregon nonprofit entity (the "Sublessor"), and [name], an [entity type] (the"Tenant") (collectively, the "Parties"). The Parties agree as follows: 1. Premises. The Sublessor subleases to Sublessee, and Sublessee subleases from Sublessor, [describe office space/suite] located at the Woodburn Family Resource Center,970-990 N. Cascade Drive, Woodburn, Oregon (the "Premises"), more specifically described as follows: 1.1. Office Space. The Office Space will consist of [describe], more particularly set out in attached Exhibit A [Exhibit A can include site plan of facility]. 1.2. Common Areas. During the term of this Agreement, the Office Space is designated for sole use by Sublessee.Sublessee shall also have the non-exclusive right, in common with Sublessor and other tenants,to use the following shared facilities or common areas of the Premises per the following conditions: 1.2.1. Parking Area. Sublessee and Sublessee's invitees may utilize the parking facilities on the Premises, so long as use reasonably relates to Sublessee's occupation of the Premises and does not interfere with the day-to-day operations of the Sublessor, or inhibit community members from parking at, or accessing the family resource center. 1.2.2. Conference Rooms. Sublessee may request to use the Conference Rooms [describe where/which rooms] on the Premises by making a written request to the Sublessor. Requests for this use will generally be honored on a first-come-first-served basis unless a conflict arises where the Sublessor or another tenant requires immediate use of the same space at the same time. 1.2.3. Other. Sublessee may also utilize the restrooms, lunch and break room areas, hallways, ingresses/egresses, landscaped areas, and walkways on the Premises. 2. Term. 2.1 Term. The Term of this Agreement commences upon [date], and unless earlier terminated,will expire on [date]. 2.2 Option to Extend. Sublessee shall have the option to extend this Agreement for up to [fill- in renewal options]. If Sublessee elects to exercise this option, then Sublessee must provide Sublessor with written notice no later than ninety (90) days prior to expiration of the lease term. MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 10 of 16 70 If Sublessee fails to provide such notice, Sublessee shall have no further or additional right to extend the term of this Agreement Any extension will be governed by the same terms and conditions of this Agreement, except for the provisions regarding rent. Sublessor shall have thirty (30) days after its receipt of Sublessee's notice of extension to advise Sublessee of any increase to the Rental Amount that will apply to the extended period. In the event Sublessee agrees to a said increase, the Agreement will be extended for another [period of time] term. In the event Sublessee does not agree, this Agreement will terminate. This section will not limit the ability of either party to terminate this Agreement pursuant to Section 17. 3. Rent. 3.1. Rental Amount. Sublessee shall pay to Sublessor as rent the sum of [$ - maintenance reserve and utility sharing costs] per month for the entire term of the Agreement.Sublessee shall pay Sublessor all rents in advance, on or before the first day of each calendar month. Sublessee may also coordinate with Sublessor to pay rent in advance on a quarterly basis. 3.2. Rental Payments. Sublessee shall make all rental payments payable to Love INC at the following address: [fill in where payments should be made]. 4. Conditions of Sublessee's Use of the Premises. 4.1. Permissible Uses. Sublessee shall use the Premises to provide services exclusively to Federal Community Development Block Grant ("CDBG") defined 'presumed benefit' clientele, which includes the following [describe services to be provided] and for no other purpose without first obtaining the written consent of Sublessor.This usage will include the general office presence and activity of Sublessee during [normal business hours (i.e. Monday— Friday, 8 a.m. —5 p.m.)]. Sublessee shall not use or allow the Premises to be used for non-CDBG related services, or any unlawful, disreputable, or hazardous purpose, and shall observe and comply with all laws, rules, and regulations of any municipal, county, state, federal, or other public authority respecting the use of the Premises. 4.2. Common Areas. Sublessee shall have use of common areas within the Premises, as set forth in Section 1.2. Sublessor has exclusive control and management over Common Areas and may, in its discretion, from time to time, (i) make changes to, or modify the designation of what are common areas; or (ii) temporarily close any of the Common Areas, so long as Sublessee's access to the Office Space remains available. 4.3. Security System for the Premises.The Premises have been equipped by the Sublessor with a security system that includes [a number of video cameras, security-access points, and automatically timed locking ingresses/egresses].The Office Space for Sublessee will be located on the Premises in an area that has secured access by means of [a key/alarm key pad/key card]. Therefore, [a key/keycard] will be provided to the Sublessee and Sublessee's employees for use in accessing the Office Space. Sublessee agrees that it will make no duplicates of this [key/key card], and should the [key/key card] become lost or stolen, Sublessee agrees to notify Sublessor of such occurrence immediately. [add description of additional security system measures specific to any single Sublessee here] MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 11 of 16 71 4.4. Guests & Invitees. Sublessee retains its right to use the Office Space for their work as outlined above, and may from time to time have guests or invitees present on the Premises. In such cases,guests and invitees must be accompanied by Sublessee's employees while in common areas of the Premises. Additionally, large numbers of guests, or excessive noise or disturbances related to or caused by Sublessee's guests or invitees is prohibited. 4.5. Office Equipment & Furniture. The Office Space is being provided by Sublessor to Sublessee with minimal furnishings.Sublessee has the right to remove or modify these furnishings by coordinating such efforts with Sublessor and so long as such modifications are reasonably feasible. 4.6. Printer/Copier. [include description of equipment if available to Sublessee] 4.7. Phone Service. [include description of phone service if available to Sublessee] 4.8. Mail Collection. [include description of mail collection service that may or may not be provided] 4.9. Signs & Advertisement. Sublessee shall not put upon, or permit to be put upon any part of the Premises, any signs, billboards, or advertisements for the Sublessee without the prior written approval of the Sublessor. 4.10. Hazardous Materials. Neither Sublessee, nor any of the Sublessee's agents, contractors, employees, licensees or invitees shall at any time handle, use, manufacture, store or dispose of in or about the Premises any flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance(collectively"Hazardous Materials")subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, presently in effect or hereafter adopted, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"). Sublessee shall protect, defend, indemnify and hold the Sublessor harmless from and against any and all loss,claims, liability or costs(including court costs and attorney's fees) incurred by reason of any actual or asserted failure of Sublessee to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials, or by reason of any actual or asserted failure of the Sublessee to keep, observe, or perform any provision of this paragraph. 5. Quiet Enjoyment. Sublessor agrees that Sublessee shall lawfully, peacefully, and quietly hold, occupy, and enjoy the Premises during the term of this Agreement without objection or molestation, except as provided by this Agreement. 6. Condition of the Premises. Sublessee accepts the Premises and all aspects the Premises in their present condition, AS IS, WHERE IS, including latent defects, without any representations or warranties from Sublessor or any agent or representative of Sublessor, expressed or implied, except for such warranties specifically set forth in this Agreement. Sublessee agrees that it has ascertained the condition of the Premises and its suitability for the Sublessee's purposes. MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 12 of 16 72 7. Maintenance, Repair, and Improvements. 7.1. Maintenance and Repair. Sublessor shall generally maintain and keep the Premises in good order, including all interior and exterior doors,wall and floor surfaces,wiring, plumbing and drainpipes, and the building's exterior walls, roof, and foundation. During the term of this Agreement, Sublessee shall pay the cost of all repairs for any damage done to the Premises by itself, its guests or invitees, or any agents that it hires. If the Sublessor makes repairs on behalf of the Sublessee, the cost of the repairs will be added as additional rent for the following month. Upon the end of the lease term, Sublessee agrees to leave the Premises clean, in good order and repair, and in substantially the same condition as at the time of the commencement of license, excluding wear and tear. 7.1.1. Access.Sublessee shall permit the Sublessor to use and maintain pipes,ducts,and conduits in and through the Premises, and to erect the same, provided that Sublessee's usable space is not unreasonably diminished and the Sublessee's use and enjoyment of the Premises is not unreasonably interfered with. 7.1.2. Right of Entry and Inspection. Sublessor and Sublessor's representatives and agents shall have the right to enter the Premises, including the Office Space, at any time and without notice in case of an emergency, and otherwise at reasonable times and with reasonable advance notice to the Sublessee to examine the Premises and to make alterations, improvements, repairs,or additions as are required, provided the Sublessee's use and enjoyment of the Premises is not unreasonably interfered with and that the Sublessor shall repair and refinish the affected areas. The Sublessor shall provide reasonable written notice of any need to conduct repairs or other work beyond normal maintenance and routine repairs. 7.2. Alterations. Sublessee shall make no alteration, additions, or improvements to the Premises without obtaining the prior written approval of the Sublessor. Any approval of alterations or improvements shall be at the sole discretion of the Sublessor. 7.3. Improvements. All building repairs, alterations, additions, improvements, and fixtures (except such business trade fixtures belonging to the Sublessee as can be removed without damage to the Premises or building) shall belong to the Sublessor and remain on and be surrendered with the Premises as part of the Premises at the expiration of this Agreement. 7.4. Janitorial & Landscaping Services. Sublessor shall furnish and pay for janitorial and landscaping services required to maintain the Premises in a neat,clean, and sanitary condition for the operation of the Sublessee's business. 8. Utilities. Sublessor shall furnish and pay for all electricity,water, sewer, garbage,and other utility services used on the Premises. [include description about phone/internet utility options for Sublessee] 9. Liens. Sublessee shall not allow any lien of any kind, type or description to be placed or imposed upon the Premises. 10. Indemnification. Sublessee shall release, indemnify, defend, and hold harmless Sublessor and its officers, agents, and employees from and against any and all loss, liability, claims, costs, or damages that MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 13 of 16 73 may occur or be claimed with respect to any person or property on, in or about the Premises resulting from any act done or omission by or through Sublessee and Sublessee's staff, agents, employees, customers,visitors,or invitees on the Premises by reason of Sublessee's use or occupancy of the Premises. 11. Insurance. Sublessee shall procure and maintain in force, at its expense, during the term of this Agreement, and furnish certificates to Sublessor for the following insurance: 11.1. Commercial General Liability Insurance. Sublessee must secure and maintain a Commercial General Liability policy covering bodily injury and property damage, providing limits of at least$1,000,000 per Occurrence and a General Aggregate of at least$2,000,000. 11.2. Worker's Compensation and Employers Liability Insurance. Sublessee must secure and maintain a Workers Compensation and Employer Liability policy where required by law. 12. Damage to Property on Premises. Sublessee agrees that all property of every kind and description kept, stored, or placed in or on the Premises will be at Sublessee's sole risk and hazard and that the Sublessor shall not be responsible for any loss or damage to any of such property resulting from fire, explosion, water, steam, gas, electricity, or the elements, whether or not originating on the Premises, caused by or from leaks or defects in or breakdown of plumbing, pipes, wiring, heating, or any other facility, equipment, or fixture or any other cause or act and whether or not resulting from the negligence of the Sublessor or anyone for whom the Sublessor may be responsible. 13. Waiver of Subrogation. Neither the Sublessor, nor Sublessee shall be liable to the other for loss arising out of damage to or destruction of the Premises, when such loss is caused by any of the perils, which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either the Sublessor or the Sublessee or by any of their respective agents or employees. It is the intention and agreement of Sublessor and Sublessee that the rent reserved by this Agreement has been fixed in contemplation that each party shall look to its respective insurance carriers for reimbursement of any such loss, and further,that the insurance carriers involved will not be entitled to subrogation under any circumstances against any party to this Agreement. Neither Sublessor, nor Sublessee shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereof, unless specifically covered as an also-named insured. 14. Damage by Fire or Casualty. In case the Premises are destroyed or damaged by fire or other casualty, as to become uninhabitable, then in such event, this Agreement shall terminate from the date of such damage or destruction and Sublessee shall immediately surrender such Premises and all interest in the Premises to Sublessor, and Sublessee shall pay rent only to the time of such surrender. 15. Assignment &Subleasing. Assignment of this sublease or subletting of the Premises is prohibited under this Agreement.Any attempt of Sublessee to assign this sublease or further sublet the Premises will automatically terminate this Agreement. 16. Default by Sublessee. Each of the following shall be deemed a default by Sublessee under this Agreement: MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 14 of 16 74 (a) Nonpayment of the whole or any portion of the rent, or any other sum or sums of money due to Sublessor from Sublessee under the provisions of this Agreement; (b) Nonperformance by Sublessee of any other covenant or condition contained in this Agreement; or (c) Abandonment of the Premises by Sublessee. Within thirty(30)days after written notice from the Sublessor demanding performance by Sublessee with respect to any such default, Sublessor may immediately terminate this Agreement and reenter upon the Premises and remove all persons therefrom, and in addition or in lieu of such action, Sublessor may, at its option, pursue any other remedy provided by law or in equity for the enforcement of the Sublessor's rights under the provisions of this Agreement. 17. Termination.This Agreement terminates as follows: (a) At the expiration of the Term of this Agreement; (b) By the mutual written consent of both Parties; (c) Provided either party is not in default under this Agreement beyond the applicable cure period, by either party unilaterally giving at least ninety (90) days' prior written notice to the other party; or (d) Per the provisions of Paragraphs 14, 15, or 16. 18. Surrender at End of Term. At the expiration of the Term of this Agreement or upon earlier termination, Sublessor will have the right to enter and take possession of the leased Premises, and Sublessee shall deliver the same without process of law. Sublessee shall be liable to Sublessor for any loss or damage, including attorney fees and court costs incurred, as a result of Sublessee's failure to comply with this obligation. 19. Relationship of the Parties. Nothing in this Agreement is intended, or is to be deemed to create a partnership or joint venture between the parties. Sublessee shall at no time hold itself out as a subsidiary or affiliate of Sublessor. Further, nothing contained herein shall be deemed or construed by Sublessee, nor by any third parties, as creating a relationship between Sublessor and any officers, employees, volunteers, suppliers, contractors, or subcontractors used by Sublessee. 20. Notices. Any notice under this 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: 20.1. Sublessor. [contact &address]. 20.2. Sublessee. [contact &address]. MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 15 of 16 75 21. Oregon Law. This Agreement is governed by and construed in accordance with the laws of the State of Oregon, where the licensed Premises are located, and venue for any legal action will be in the county where the licensed Premises are located. 22. Severability. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement, nor the application of the provisions to other persons, entities or circumstances shall be affected, but instead shall be enforced to the maximum extent permitted by law. 23. No Waiver. No waiver by either party of any breach of any of the covenants or conditions contained in this Agreement to be performed by the other party will be construed as a waiver of any succeeding breach of the same or any other covenant or condition. 24. Modifications and Integration. No modification, amendment, discharge or change of this Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, amendment, discharge or change is sought. This document constitutes the entire, final, and complete agreement of the parties pertaining to the subject matter hereof, and supersedes and replaces all prior or existing written and oral agreements between the parties or their representatives relating to the Premises. IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of signature specified below. SUBLESSOR: Love INC, an Oregon nonprofit corporation [name,title] Date SUBLESSEE: [name, entity] [name,title] Date MOU FOR GOVERNANCE OF A FAMILY RESOURCE CENTER City of Woodburn—Love INC Page 16 of 16 76