Agenda - 06/24/1996 Part BCOUNCIL PACKET
JUNE. 24, 1996
PART "B"
(Beginning with Business Item 1 l-F!
11F
MEMO
TO:
FROM:
City Council through City Administrator
Public Works Program Manager ~
SUBJECT:
Acquisition of Public Works Shop Facility
DATE:
June 19, 1996
RECOMMENDATION:
Approve the three resolutions that are attached that enter into a lease purchase
agreement with Mr. Rod Senter for a building at 121 "B" Street, a subtenancy
agreement with Southern Pacific Transportation Company for a property on which a
portion of the above building rests and a lease agreement with Willamette Valley
Railway Company for use of city property.
BACKGROUND:
The city has been working on completing a lease purchase agreement for the building
at 121 "B" street to be utilized as a public works shop facility. The process was
complicated by a lease with Southern Pacific Transportation Company for land on
which a portion of the above building is constructed and property needs of the
Willamette Valley Railroad, a short line operator, who utilizes Southern Pacific
trackage.
Willamette Valley Railroad initially asked Southern Pacific to terminate Mr. Senter's
lease for the property on which the west portion of his building is constructed.
Following discussions with all parties an agreement was reached whereby Willamette
Valley Railroad would release its claim for the Southern Pacific property in exchange
for a lease on city property that was more suitable. Southern Pacific would enter into
a subtenaney lease with the city for the building 13rol~erty. The City will work with
Southern Pacific in an effort to purchase this property. Council has previously agreed
that condemnation action will be taken if an agreement can not be reached.
The various properties involved are identified on the attached drawing.
5 P p~.o P E£TY TO
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO A COMMERCIAL LEASE AND PURCHASE
AGREEMENT WITH RODNEY M. SENTER FOR A BUILDING LOCATED AT 121 'B'
STREET IN THE CITY OF WOODBURN AND AUTHORIZING THE MAYOR TO SIGN
SUCH AGREEMENT.
WHEREAS, the City of Woodburn has a need for additional space for its water
and street division, and
WHEREAS, a building owned by Rodney M. Senter and located at 121 .'B"
Street in the City of Woodburn meets these needs, and :
WHEREAS, a commercial lease and purchase agreement for the property at
121 'B' Street has been developed; NOW, THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the city of Woodburn enter into a Commercial Lease and
Purchase Agreement with Rodney M. Senter for a building at 121 'B" Street in the
City of Woodburn. A copy of said letter is attached hereto as Exhibit 'A' and, by this
reference, incorporated herein.
Section 2. That the Mayor of the City of Woodburn is authorized to sign said
agreement on behalf~je City.
Approved as to form= '- '/-~'~ (9" ~
City Attorney Date
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'I-i'EST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I - COUNCIL BILL NO. RESOLUTION NO.
11F
COMMERCIAL LEASE AND PURCHASE AGREEMENT
DATED:
July 1, 1996
BETWEEN:
RODNEY M. SENTER
WILMA SENTER
14557 Union School Road NE
Woodburn OR 97071
LANDLORD
AND:
CITY OF WOODBURN
an Oregon municipal corporation
270 Montgomery Street
Woodburn OR 97071
TENANT
Landlord leases to Tenant that certain building enclosing approximately 11,200 square
feet located at 121 'B" Street, Woodburn, Oregon, on the terms and conditions stated below:
1. TERM AND POSSESSION: The term of this lease shall commence on July 1,
1996, and continue through October 1, 1996. Tenant's right to possession and obligations under
the lease shall commence on July 1, 1996.
2. RENT: Tenant shall pay to Landlord as rent the sum of $4,000.00 per month.
Rent shall be payable on the first day of each month in advance at such place as may be
designated by Landlord. Ali, taxes, insurance costs, utility charges which Tenant is required to
pay by this lease, and any other sum which Tenant is required to pay to Landlord or third parties
shall be additional rent.
3. PERSONAL PROPERTY INCLUDED: The following personal property is
included as part of this lease and thc purchase set forth in this agreement:
one (1) 10 horse power air compressor with air dryer and piping
one (1) water cooler
six (6) fire extinguishers
restroom futtures
one (1) ten gallon water heater
4. REMOVAL OF E, QU1pMENT AND SUPPLIES: Landlord shall remove and
dispose of all equipment and supplies currently located in the building associated with Landlord's
previous use of wood processing prior to July 1, 1996.
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5. USE OF THE PREMISES: The premises shall be used for warehouse purposes
and for no other purpose without the consent of Landlord, which consent shall not be withheld
unreasonably. In connection with use of the premises Tenant shall:
(a) Conform to all applicable laws and regulations of any public authority affecting the
premises and the use and correct at Tenant's own expense any failure of compliance created
through Tenant's fault or by reason of Tenant's use, but Tenant shall not be required to make
any structural changes to effect such compliance unless such changes are required because of
Tenant's specific use.
Co) Refrain from any activity which would make it impossible to insure thc premises
against casualty, would increase the insurance rate, or would prevent Landlord from taking
advantage of any ruling of the Oregon Insurance Rating Bureau or its successor allowing
Landlord to obtain reduced premium rates for long-term fire insurance policies, unless Tenant
pays the additional cost of the insurance.
(c) Refrain from any use which would by reasonably offensive to other tenants or owners
or users of neighboring premises or which would tend to create a nuisance or damage the
reputation of the premises.
(d) Refrain from loading the floors beyond the point considered safe by a competent
engineer or architect selected by Landlord.
(e) Refrain from making any marks on or attaching any sign, insignia, antenna, aerial,
or other device to the exterior or interior walls, windows, or roof of the premises without the
written consent of Landlord, which consent shall not be withheld unreasonably.
(f) Refrain from storing on or discharging from or onto thc Property any hazardous
wastes or toxic substances as defined in 42 USC §§9601-9657.
6. TENANT'S OBLIGATIONS OF I~EPAIR AND MAINTENANCE: The
following shall be the responsibility of Tenant:
Repairs of walls, ceilings, doors and windows and related hardware, light
fLxtures, switches, and wiring and plumbing.
Any repairs ne, cessitated by the negligence of Tenant, its agents, employees, and
invitees.
(c)
Ordinary maintenance of the heating system and any repairs necessary because
of improper maintenance.
(d) Any repairs or alternations required under Tenant's obligation to comply with
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laws and regulations as set forth in paragraph 5(a) above, with the exception of
structural changes.
All other repairs to the premises which Landlord is not required to make under
paragraph 5 above.
7. INSPECTION OF PREMISES: Landlord shall have the right to inspect the
premises at any reasonable time or times to determine the necessity of repair. Whether or not
such inspection is made, the duty of Landlord to make repairs shall not mature until a reasonable
time after Landlord has received from Tenant notice in writing of the repairs that are required.
8. ALTERATIONS: Tenant shall make no improvements or alterations on the
leased premises of any kind without first obtaining Landlord's written consent.- All
improvements and alterations performed on the leased premises by either Landlord or Tenant
shall be the property of Landlord when installed unless the applicable Landlord's consent or
work sheet specifically provides otherwise.
9. ~ Tenant shall keep the leased premises insured at Tenant's expense
against fire and other risks covered by a standard fire insurance policy with an endorsement for
extended coverage. The entire proceeds of any insurance in case of loss are to be paid to
Landlord to be held, paid and used solely for the repairing, rebuilding and restoration of the
building or buildings on account of the injury, damage or destruction of which such insurance
moneys have been paid. If either of the parties elects to terminate this lease agreement pursuant
to the provisions of Paragraph 12 hereafter, Landlord shall be entitled to all of such proceeds
with no obligation to apply any or all of the insurance proceeds to the repair, rebuilding or
restoration of the building. Tenant shall bear the expense of any insurance insuring the property
of Tenant on the premises against such risks but shall not be required to insure. Neither party
shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused
by fire or any of the risks enumerated in a standard fu'e insurance policy with an extended
coverage endorsement, and in the event of insured loss neither party's insurance company shall
have a subrogated claim against the other.
10. TAXES AND ASSESSMENTS: Tenant shall pay as due all taxes on its personal
property located on the leased premises and all general real property taxes and special
assessments levied against the leased premises on or after July 1, 1996 or cause said property
to be removed from the tax roll. If an assessment for a public improvement is made against the
leased premises, Landlord may elect to cause such assessment to be paid in installments in which
case all of the installments payable with respect to the lease term shall be treated the same as
general real property taxes. Tenant shall be permitted to contest the amount of any tax or
assessment so long as such contest is conducted in a manner which does not cause any risk that
Landlord's interest in the leased premises will be foreclosed for nonpayment. Landlord shall
cooperate in any reasonable manner with such with contest by Tenant.
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11. PARTIAL DAMAGE OF PREMI~gES: If the leased premises are partly
damaged and paragraph 12 below does not apply, the property shall be repaired by Tenant at
Tenant's expense. Tenant shall repair or replace the damaged or destroyed improvements in a
manner satisfactory to Landlord. Upon satisfactory proof of restoration, Landlord shall pay or
reimburse Tenant from the insurance proceeds for the reasonable cost of repair or restoration.
Repairs shall be accomplished with all reasonable dispatch subject to interruptions and delays
from labor disputes and matters beyond the control of Tenant.
12. DESTRUCTION OF PREMISES: If thc leased premises arc destroyed or
damaged such that the cost of repair exceeds 40 percent of the value of the structure before the
damage, either party may elect to terminate the lease as of the date of the damage or destruction
by notice given to the other in writing not more than 45 days following the date of damage.. In
such event all rights and obligations of the parties shall cease as of the date of termination,; and
Tenant shall be entitled to the reimbursement of any prepaid amounts paid by Tenant and
attributable to the anticipated term. If neither party elects to terminate, Landlord shall proceed
to restore the leased premises to substantially the same form as prior to the damage or
destruction. Work shall be commenced as soon as reasonably possible and thereafter shall
proceed without interruption except for work stoppages on account of labor disputes and matters
not under control of Landlord.
13. LIENS:
(a) Except with respect to activities for which Landlord is responsible, Tenant shall pay
as due all claims for work done on and for services rendered or material furnished to the leased
premises and shall keep the premises free from any liens. If Tenant fails to pay any such claims
or to discharge any lien, Landlord tn_ay do so and collect the cost as additional rent. Any
amount so added shall bear interest at the rate of 10% per annum from the date expended by
Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver
of any right or remedy which Landlord may have on account of Tenant's default.
(b) Tenant may withhold payment of any claim in connection with a good faith dispute
over the obligation to pay, so long as Landlord's property interest are not jeopardized. If a lien
is filed as a result of nonpayment, Tenant shall, within 10 days after knowledge of the filing,
secure the discharge of the lien or deposit with Landlord cash or sufficient corporate surety bond
or other surety satisfactory to Landlord in an amount sufficient to discharge the lien plus any
costs, attorney fees, and other charges that could accrue as a result of a foreclosure or sale under
the lien.
14. IND~(~ATION: Tenant shall indemnify and defend Landlord from any
claim, loss, or liability arising out of or related to any negligent activity of Tenant on the leased
premises or any condition of the leased premises in the possession or under the control of Tenant
including any such claim, loss, or liability which may be caused or contributed to in whole or
in part by Tenant's failure to effect any repair or maintenance required by this lease. Landlord
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shall have no liability to Tenant for any loss or damage caused by third parties or by any
condition of the premises.
15. LIABILITY INSURANCE: Tenant shall procure and maintain in force, at its
expense, during the term of this Lease public liability insurance. Such coverage shall be
adequate to protect against liability for all damage claims through public use of or arising out
of accidents occurring in or around the premises and such liability insurance shall be provided
in an amount at least equal to the liability limit for public bodies provided under the Oregon Tort
Claims Act (ORS 30.260), et seq,) as amended from time to time.
16. LANDLORD'S WARRANTY: Landlord warrants that it is the owner of the
leased premises and has the right to lease them flee of all encumbrances except those of record.
Subject to these exceptions Landlord will defend Tenant's right to quiet enjoyment of the kmsed
premises form the lawful claim of all persons during the lease term. ~
17. ASSUMPTION OF SOUTIIERN PACIFIC LEASE: Tenant shall assume the
lessee's interest under the current lease agreement between Landlord and Southern Pacific
Transportation Company dated October 24, 1991, through a sublease/subtenancy agreement and
shall hold Landlord harmless from any liability therefore after July 1, 1996 including any costs
and expenses associated with transfer of the lessee's interest.
18. ASSIGNMENT AND SUBLEASE: No part of the within leased property may
be assigned, mortgaged, or subleased, nor may a right of use of any portion of the property be
conferred on any third person by any other means, without the prior written consent of
Landlord. This provision shall apply to all transfers by operation of law. No consent in one
instance shall prevent the provision from applying to a subsequent instance. Landlord shall
consent to a transaction covered by this provision when withholding such consent would be
unreasonable in the circumstances.
19. EVEN'~ OF DEFAULT: The following shall be events of default:
(a) Default in Rent. Failure of Tenant to pay any rent or other charge within 10 days
after it is due.
(b) Default in Other Covenants. Failure of Tenant to comply with any term or condition
or 'fulfill any obligation of the lease (other than the payment of rent or other charges) within 20
days after written notice by Landlord specifying the nature of the default with reasonable
particularity. If the default is of such a nature that it cannot be completely remedied within the
20-day period, this provision shall be complied with if Tenant begins correction of the default
within the 20-day period and thereafter proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable.
(c) Insolvency. Insolvency of Tenant; an assignment by Tenant for the benefit of
creditors; the filing by Tenant of a voluntary petition in bankruptcy; an adjudication that Tenant
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is bankrupt or the appointment of a receiver of the properties of Tenant; the filing of any
involuntary petition of bankruptcy and failure of Tenant to secure a dismissal of the petition
within 30 days after filing, attachment of or the levying of execution on the leasehold interest
and failure of Tenant to secure discharge of the attachment or release of the levy of execution
within 10 days. If the lease has been assigned, the events of default so specified shall apply only
with respect to the one then exercising the rights of Tenant under the lease.
(d) Abandonment. Failure of Tenant for 30 days or more to occupy the property for one
or more of the purposes permitted under this lease unless such failure is excused under other
provisions of this lease shall be an abandonment of the property.
20. REMF~FflE.g ON DEFAULT:
(a) Termination. In the event of a default the lease may be terminated at the option of
Landlord by notice in writing to Tenant. If the lease is not terminated by election of Landlord
or otherwise, Landlord shall be entitled to recover damages from Tenant for the default. Ii: the
lease is terminated, Tenant's liability to Landlord for damages shall survive such termination,
and Landlord may reenter, take possession of the premises, and remove any persons or property
by legal action or by self-help with the use of reasonable force and without liability for damages.
(b) Reletting. Following reentry or abandonment, Landlord may relet the premises and
in that connection may make any suitable alterations or refurbish the premises, or both, or
change the character or use of the premises, but Landlord shall not be required to relet for any
use or purpose other than that specified in the lease or which Landlord may reasonably consider
objectionable. Landlord may relet all or part of the premises, alone or in conjunction with other
properties, for a term longer or shorter than the term of this lease, upon any reasonable terms
and conditions, including the granting of some rent-free occupancy or other rent concession.
(c) Damages. In the event of termination on default Landlord shall be entiQed to recover
immediately, without waiting until the due date of any future rent or until the date fixed for
expiration of the lease term, the following amounts as damages:
(i) The loss of reasonable rental value from the date of default until a new tenant has
been, or with the exercise of reasonable efforts could have been secured.
(ii) The reasonable costs of reentry and reletting including without limitation the cost of
any clean up, refurbishing, removal of Tenant's property and fixtures, or any other expense
occasioned by Tenant's failure to quit the premises upon termination and to leave them in the
required condition, any remolding costs, attorney fees, court costs, broker commissions, and
advertising costs.
(iii) Any excess of the value of the rent and all of Tenant's other obligations under this
lease over. the reasonable expected return from the premises for the period commencing on the
earlier of the date of trail or the date the premises are relet and continuing through the end of
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the term. The present value of future amounts will be computed using a discount rate equal to
the prime loan rate of major Oregon banks in effect on the date of trial.
21. REMEDIF~ CUMULATIVE: The foregoing remedies shall be in addition to
and shall not exclude any other remedy available to Landlord under applicable law.
22. NONWAIVER; Waiver by either party of strict performance of any provision
of this lease shall not be a waiver of or prejudice the party's right to require strict performance
of the same provision in the future or of any other provision.
23. ATTORNEY FEES: If suit or action is instituted in connection with any
controversy arising out of this lease, the prevailing party shall be entitled to recover in addition
to costs such sum as the court may adjudge reasonable as attorney fees.
24. NOTICES: Any notice required or permitted under this lease shall be given when
actually delivered or 48 hours after deposited in United States mail as certified mail addressed
to the address first given in this lease or to such other address as may be specified from time
to time by either of the parties in writing.
25. SUCCESSION: Subject to the above-stated limitations on transfer of Tenant's
interest, this lease shall be binding upon and inure to the benefit of the parties, their respective
successors and assigns.
26. LANDI.,QRD'~; RIGHT TO CURE DEFAULTS: If Tenant fails to perform any
obligation under this lease, Landlord shall have the option to do so after 30 days' written notice
to Tenant. All of Landlord's expenditures to correct the default shall be reimbursed by Tenant
on demand with interest at the rate of 10 % percent per annum from the date of expenditure by
Landlord.
27. RECORDATION: This lease shall not be recorded without the consent in writing
of Landlord. Landlord shall execute and acknowledge a memorandum of this lease in a form
suitable for recording, and Tenant may record the memorandum.
28. ENTRY FOR INSPECTION: Landlord shall have the right to enter upon the
premises at any time to determine Tenant's compliance with this lease, to make necessary repairs
to the building or to the premises, or to show the premises to any prospective tenant or
purchaser, and in addition shall have the right, at any time during the last two months of the
term of this lease, to place and maintain upon the premises notices for leasing or selling of the
premises.
29. ARBITRATION: If any dispute arises between the parties [as to a matter which
this lease says should be arbitrated, or as to any other question involving apportionment or
valuation], either party may request arbitration and appoint as an arbitrator an independent real
estate appraiser having knowledge of valuation of rental properties comparable to the leased
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premises. The other party shall also choose an arbitrator with such qualifications, and the two
arbitrators shall choose a third. If the choice of the second or third arbitrator is not made within
10 days of the choosing of the prior arbitrator, then either party may apply to the presiding
judge of the judicial district where the leased premises are located to appoint the required
arbitrator. The arbitration shall proceed according to the Oregon statutes governing arbitration,
and the award of thc arbitrators shall have the effect therein provided. The arbitration shall take
place in the county where the leased premises are located. Costs of the arbitration shall be
shared equally by the parties, but each party shall pay its own attorney fees incurred in
connection with the arbitration.
30. PURCIIASE OF PROPERTY BY TENANT: At the termination of this lease
on October 1, 1996, Tenant shall purchase the property for the cash purchase price of
$295,000.00. In the event that Tenant does not close the purchase on October 1, 1996, the
within lease shall renew on a month-to-month tenancy for a monthly lease amount of $4,000 for
a term not to exceed one year. In the event that Tenant does not close the purchase on or before
October 1, 1997, the month-to-month tenancy shall terminate.
31. CONDmONS PRECEDENT TO CLOSING: In addition to any other
conditions contained in this Agreement, set forth below are certain conditions precedent for the
benefit of Tenant (the "Conditions"). The Conditions are intended solely for the benefit of
Tenant and Tenant shall have the right to waive, by written notice, any of the Conditions, at its
sole discretion. The Conditions specifically delineated in this section are the following:
31.1 On thc Closing Date, the Tide Company shall be ready, willing, and able to issue,
and shall issue to Tenant upon recordation of the Landlord's deed mentioned below, the title
insurance policy required by Section 34.5.
31.2 On or before the Closing Date, Landlord shall have performed all of the
covenants, conditions, agreements, and promises to be performed by it under this Agreement.
31.3 Tenant shall have condUcted an Environmental Review and Audit (the
"Environmental Audit") of the Property, indicating to the satisfaction of Tenant that the Property
does not contain, either on its surface or in its subsurface or underlying water table, any
HaTardous Substances, as defined below. The Environmental Audit shall consist of a Level I
Environmental Assessment and shall be conducted by REA Tech Management, Inc., 200
Hawthorne SE, Suite C320, Salem, Oregon 97301 and may include a historical review of the
use of the Property, review of all regulatory agency permits and compliance and enforcement
files and records, soil tests, the acquisition of core samples and water table samples by drilling
conducted on the Property, and such other tests and studies as Tenant may deem appropriate.
The cost of the Environmental Audit shall be shared equally by Landlord and Tenam, however,
in no event shall the amount paid by Landlord exceed the sum of $850.
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For purposes of this subsection, the phrase "Hazardous Substances" has the same
meaning as is designated in ORS 465.200(9). Landlord warrants, represents, and covenants as
follows:
(1) To the knowledge of Landlord, there are no Hazardous Substances in, upon, or
buried on or beneath the Property and no Hazardous Substances have been emitted or released
from the Property in violation of any environmental laws of the federal or state government;
(2) Landlord has not brought onto, stored on, buried, used on, emitted or released
from, or allowed to be brought onto, stored on, buried, used on, or emitled or released from,
the Property any Hazardous Substances in violation of any environmental laws of the federal or
state government; and
(3) To the knowledge of Landlord, no underground storage tanks are located on the
Property, including (without limitation) any storage tanks that contain, or previously contained,
any Hazardous Substances, and Landlord agrees not to cause or permit any such tanks .to be
installed in the Property before Closing.
31.4 Tenant, prior to closing, shall have the right, at its own expense, to obtain a Type
A (Urban) ALTA survey of the Property (the "Survey") from a surveyor designated by Tenant,
indicating to Tenant's satisfaction that (1) there are no discrepancies in the boundaries of the
Property; (2) there are no material encroachments on, or protrusions from, the Property; (3) the
Property has acceptable access to a dedicated public right-of-way; and (4) the Property does not
lie within any area designated as wetlands by any governmental agency or any area determined
by the United States Department of Housing and Urban Development to be flood-prone or
subject to a flood hazard.
31.5 Landlord shall deliver to Tenant, at Landlord's expense, a preliminary title report
(the "Title Report") covering the Property which is accep~le to Tenant.
32. CLOSING:
32.1 Time and Place. Closing of the sale and purchase of the Property (the "Closing")
shall occur on a date (the "Closing Date") selected by Tenant.
32.2 Closing Obligations. On the Closing Date, Landlord and Tenant shall deposit the
following documents and funds in escrow, and the Title Company shall close escrow in
accordance with the instructions of Landlord and Tenant.
32.2.1
Landlord shall deposit the following:
(1) A statutory warranty Deed, duly executed and acknowledged;
(2) A duly executed affidavit certifying that Landlord is not a foreign person, trust,
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partnership, or corporation in compliance with the requirements of IRC § 1445;
(3) Original counterparts or legible photocopies of all documents, feasibility studies,
surveys, engineering reports, and other items of a similar nature in the possession of Landlord
that relate to the Property;
(4) Such documents as Tenant or the Tide Company may require to evidence the
authority of Landlord to consummate this transaction; and
(5) Such other documents and funds, including (without limitation) escrow
instructions, as are required of Landlord to close the sale in accordance with this Agreement.
32.2.2
Tenant shall deposit the following:
(1) The cash payment specified in Section 32, minus any credit against the purchase
price available to Tenant under the terms of that section;
(2) Such documents as Landlord or the Tide Company may require to evidence the
authority of Tenant to consummate the transaction contemplated; and
(3) Such other documents and funds, including (without limitation) escrow
instructions, as are required of Tenant to close the sale and purchase of the Property in
accordance with this Agreement.
32.3 Costs. Tenant and Landlord each shall pay one-half of the escrow fee of the Tide
Company with respect to the Closing. Landlord shall pay the premium for the tide insurance
policy that Landlord is obligated to provide to Tenant, and for all conveyance or excise taxes
payable by reason of the purchase and sale of the Property. Tenant shall pay the fee (exclusive
of any conveyance or excise tax) for recording the conveyance documents referred to herein.
32.4 Prorations. All items of expense incurred by Landlord with respect to the
Property shall be paid by Landlord at Closing, without proration. All real property taxes and
assessments payable with respect to the tax year in which Closing occurs shall be prorated
between Landlord and Tenant as of the Closing Date.
32.5 Tide Insurance Policies. As soon as practicable after Closing, and in any event
no later than 5 days after the Closing Date, Landlord shall cause the Title Company to issue its
standard form Landlord's ALTA Tide Insurance Policy, with extended coverage, in the amount
of the Purchase Price, insuring fee simple title to the Property vested in Tenant, subject only to
the Permitted Exceptions.
33. STATUTORY DISCLAIMER; THIS INSTRUMENT WILL NOT ALLOW
USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR
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ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
All closing costs, except expenses associated with loan or other financial applications, incurred
in the purchase of the property shall be shared equally between Landlord and Tenant.
34. ENTIRE AGREEMENT: This document is the entire, final and complete
agreemem of the parties pertaining to the sale and purchase of the Property, and supersedes and
replaces all written and oral agreements heretofore made or existing by and between the parties
or their personal representatives insofar as the Property is concerned.
IN WITNESS WHEREOF, the parties have caused this Lease And Purchase
Agreement to be executed in duplicate as of the day and year first above written.
WILMA SENTER '
Landlord
CITY OF WOODBURN, an Oregon
municipal corporation
By.
NANCY A. KIRKSEY
Mayor of the City of Woodburn
Tenant
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO A SUBTENANCY CONSENT AGREEMENT WITH THE
SOUTHERN PACIFIC TRANSPORTATION COMPANY AND RODNEY M. SENTER FOR
PROPERTY IN WOODBURN AND AUTHORIZING THE MAYOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the City of Woodburn has entered into a'lease purchase agreement
with Rodney Senter for property located at 121 'B' Street, and
WHEREAS, the Southern Pacific Transportation Company owns property-on
which a portion of the building at 121 'B' Street is constructed, and =
WHEREAS, Rodney M. Senter has lease for the Southern Pacific Transporta.tion
Property on which a portion of the building at 121 'B' Street is constructed, and
WHEREAS, the City must complete a Subtenancy Consent Agreement with the
Southern Pacific Transportation Company and Rodney M. Senter to utilize the
property leased by the City at 121 'B" Street; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Subtenancy Consent
Agreement with the Southern Pacific Transportation Company and Rodney M. Senter.
A copy of said agreement is attached hereto as Exhibit 'A' and by this reference,
incorporated herein.
Section 2. That the Mayor of the City of Woodburn is authorized to sign said
agreement on behalf of the City. _
Approved as to form.'~//~~/~,/~X~ ...~.. ~E .. ~ ~
City Attorney Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Nancy A. Kirksey, Mayor
Page I - COUNCIL BILL NO. RESOLUTION NO.
~oodburn-Senter
11G
Approved as to Form
By General Counsel
September 4, 1990
SUBTENANCY CONSENT AGREEMENT
Supplemental to
Lease Audit No. 707581
THIS AGREEMENT is made this day of , 19 , by and
between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation,
herein "Lessor,' RODNEY M. SENTER, an individual, second party, herein
"Lessee," and CITY OF WOOOBURN, a municipal corporation of the State of
Oregon, 270 Montgomery Street, Woodburn, OR 97071, third party, herein
"Sublessee."
RECITALS:
Lessor, by lease dated October 24, 1991, herein "Lease," leased to Lessee
certain premises of Lessor at or near Woodburn, County of Marion, State of
Oregon, herein 'Premises," for the term of Month to month, effective
August 1, 1991, for maintenance and use of lessee owned metal storage shed
for lumber and wood.
The Lease is now in full force and effect and by this reference made a part
of this Agreement. The Lease provides that Lessee shall not underlease or
sublet the Premises, or any part thereof, or assign the Lease or any interest
therein without prior written consent of LessOr.
Lessee and Sublessee desire that Lessor consent to a sublease of the whole of
the Premises or the portion thereof indicated on the attached print, or as
may then be mutually agreed upon between Lessee and Sublessee.
AGREEMENT:
1. Lessor hereby consents to this sublease, provided that Sublessee shall
be bound by each and every covenant and condition contained in the
Lease.
2. Sublessee shall perform all of the covenants and conditions contained
in the Lease to be performed by Lessee (except, however, the payment of
rent which shall be made by Lessee directly to Lessor), and hereby
agrees to be and is bound by each and every covenant and condition
contained in the Lease.
In the event this sublease covers only a portion of the Premises, the
obligation of L~;usse~ to c~rform the covenants and conditions in she
Document 0070
Page i of 2
Lease shall apply only to that portion of the Premises occupied by
Sublessee.
3. Neither the subleasing of the Premises nor anything contained in this
Agreement shall release Lessee from Lessee's obligation to perform and
be bound by all of the covenants and conditions contained in the Lease.
4. This consent shall not be deemed t¢ be a consent to any further
subletting of the Premises other than to the Sublessee herein named.
Lessor reserves the right to approve or disapprove any future
subletting of the Premises.
5. If at any time Lessor shall give notice to Sublessee that Lessee is in
default under the Lease, Sublessee shall, if so directed by Lessor,
commence making all payments under the sublease directly to Lessor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate as of the day and year first herein written.
LESSOR:
SOUTHERN PACIFIC TRANSPORTATION COMPANY
11G
By:
Title:
SUBLESSEE:
CITY OF WOODBURN
By:
Title:
YAM/em
O: \OATA\VAH\SENFER 70
Document 0070
Page 2 of ?
11G
11H
COUNCIL BILL NO. 1'7~/.~
RESOLUTION NO.
A RESOLUTION ENTERING INTO A LEASE AGREEMENT WITH WILLAMETTE VALLEY
RAILWAY COMPANY FOR CITY OF WOODBURN PROPERTY AND AUTHORIZING THE
MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, Willamette Valley Railway Company agreed to terminate a request
for Southern Pacific Property upon which a portion of the property at'121 "B' Street
for which the City of Woodburn will enter into a commercial lease and purchase
agreement, and
WHEREAS, Willamette Valley Railway Company still has a need for property
near its trackage in the City of Woodburn, and
WHEREAS, the City of Woodburn has property near the trackage of .the
Willamette Valley Railway Company that meet its need, and
WHEREAS, the City of Woodburn has prepared a lease agreement for this
property; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a lease agreement with
Willamette Valley Railway Company. A copy of said agreement is attached hereto as
Attachment "A' and, by this reference, incorporated herein.
Section 2. That the Mayor of the City of Woodburn is authorized to sign said
agreement on behalf.of the City.
Approved as to forrn~i ~/~ ~~
City Attorney Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'I-I'EST'
Mary Tennant, City Recorder
City of Woodburn, Oregon
Nancy A. Kirksey, Mayor
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
11H
COMMERCIAL LEASE
Date:
AUGUST 1, 1996
Between:
CITY OF WOODBURN
a municipal corporation
270 Montgomery Street
Woodburn, Oregon 97071
("Landlord")
And: Willamette Valley Railway Company
an Oregon corporation ("Tenant")
635 N. Walnut
Independence, Oregon 97351
Landlord leases to Tenant and Tenant leases from Landlord the following
described property (the 'Premises') on the terms and conditions stated below:
All of Lot 8 and the West 25 feet of Lot 9, Block t, WOODBURN PACKING COMPANY
ADDmON to Woodbum, situated in Section 18, Township 5 ~outh, Range 1 West, Willamette
Meridian, Marion County, Oregon: SAVE AND EXCEPT, · strip of land 60 feet wide; 30 feet
on each ~ide of the center line of the curved track connecting the tracks of the Oregon and
California Railroad and the Oregonian Railroad as said curve has been staked out and located
by J. H. Robb on or about the 1st day of July 1891 said curve being a ten degree curve
intersecting the East line of Block six (6) of said addition at a I~int Forty-eight (48) feet from
the North East comer of said Block six (6); thence running Northerly and intersecting the West
line of Block five (5) in said addition at a Ix~int one hundred and fifteen (115) feet South
Westerly from the North comer of said Block five (5) ss recorded in that Warranty Deed
recorder October 26, 1891 in Vol. 49, Page 273, Marion County Deed Records.
There is an approximately 500 ~quare foot storage shed on the property that is divided into
two rooms. The room to the south will be utilized by the lessee while the lessor will retain use
of the room to the north.
Section 1. Occupancy.
1.1 Original Term. The term of this lease shall commence August 1, 1996,
and continue through June 30, 1997, unless sooner terminated as hereinafter
provided.
1.2 Possession. Tenant's right to possession and obligations under the lease
shall commence on August 1, 1996.
Page I - Commercial Lease
' , 11H
1.3 Renewal Option. If the lease is not in default at the time each option is
exercised or at the time the renewal term is to commence, Tenant shall have the
option to renew this lease for successive terms of one year each, as follows:
(1) Each of the renewal terms shall commence on the day following
expiration of the preceding term.
(2) The option may be exercised by written notice to Landlord given not less
than 120 days prior to the last day of the expiring term. The giving of such notice
shall be sufficient to make the lease binding for the renewal term without further act
of the parties. Landlord and Tenant shall then be bound to take the steps required in
connection with the determination of rent as specified below.
(3) The terms and conditions of the lease for each renewal term shall be
identical with the original term except for rent which shall be adjusted as provided
herein.
Section 2. Rent.
2.1 Base Rent. During the original term, Tenant shall pay to Landlord as base
rent the sum of $2,400 per year. Rent shall be payable upon execution of this lease
and on the first day on any renewal terms.
2.2 Adjustment. The base rent provided in Section 2.1 shall be increased or
decreased on July 1 each year by a percentage equal to the percentage change in the
Consumer Price Index published by the United States Bureau of Labor Statistics of the
United States Department of Labor. Comparisons shall be made using the index
entitled U.S. City Average--All Items and Major Group Figures for All Urban
Consumers (1982-84 -- 100), or the nearest comparable data on changes in the cost
of living if such index is no longer published.
Section 3. Use of the Premises.
3.1 Permitted Use. The Premises shall be used for the storage of materials
and supplies related to the operation of the Willamette Valley Railway Company and
for no other purpose.
4.2
shall:
Restrictions on Use. In connection with the use of the Premises, Tenant
(1) Conform to all applicable laws and regulations of any public authority
affecting the premises and the use, and correct at Tenant's'own expense any failure
of compliance created through Tenant's fault or by reason of Tenant's use.
Page 2 - Commercial Lease
· 11H
(2) Refrain from any activity that would make it impossible to insure the
Premises against casualty, would increase the insurance rate, or would prevent
Landlord from taking advantage of any ruling of the Oregon Insurance Rating Bureau,
or its successor, allowing Landlord to obtain reduced premium rates for long-term fire
insurance policies, unless Tenant pays the additional cost of the insurance.
(3) Refrain from any use that would be reasonably offensive to other tenants
or owners or users of neighboring premises or that would tend to create a nuisance
or damage the reputation of the premises.
(4) Tenant shall not cause or permit any Hazardous Substance to be spilled,
leaked, disposed of, or otherwise released on or under the Premises. Tenant shall
comply with all Environmental Laws and exercise the highest degree of care in the
use, handling, and storage of Hazardous Substances and shall take all practicable
measures to minimize the quantity end toxicity of Hazardous Substances used,
handled, or stored on the Premises. Upon the expiration or termination of this Lease,
Tenant shall remove all Hazardous Substances from the Premises. The term
Environmental Law shall mean any federal, state, or local statute, regulation, or
ordinance or any judicial or other governmental order pertaining to the protection of
health, safety or the environment. The term Hazardous Substance shall mean any
hazardous, toxic, infectious or radioactive substance, waste, and material as defined
or listed by any Environmental Law and shall include, without limitation, petroleum oil
and its fractions.
Section 4. Property Taxes. Tenant shall pay as due all taxes on its personal
property located on the Premises. Tenant shall pay as due all real property taxes
levied against the Premises. As used herein, real property taxes includes any fee or
charge relating to the ownership, use, or rental of the .Premises, other than taxes on
the net income of Landlord or Tenant.
Section 5. Liability and Indemnity.
5.1 Liens Except with respect to activities for which Landlord is responsible,
Tenant shall pay as due all claims for work done on and for services rendered or
material furnished to the Premises, and shall keep the Premises free from any liens.
5.2 Indemnification. Tenant shall indemnify and defend Landlord from any
claim, loss, or liability arising out of or related to any negligent activity of Tenant on
the Premises or any condition of the Premises in the possession or under the control
of Tenant. Landlord shall have no liability to Tenant for any injury, loss, or damage
caused by third parties, or by any condition of the Premises except to the extent
caused by Landlord's negligence or breach of duty under this lease.
Page 3 - Commercial Lease
11H
5.3 Liability Insurance. Before going into possession of the Premises, Tenant
shall procure and thereafter during the term of the lease shall continue to carry the
following insurance at Tenant's cost: comprehensive general liability insurance in a
responsible company with limits of not less than $1,000,000 for injury to one person,
$1,000,000 for injury to two or more persons in one occurrence, and $300,000 for
damage to property. Certificates evidencing such insurance and bearing
endorsements requiring 10 days' written notice to Landlord prior to any change or
cancellation shall be furnished to Landlord prior to Tenant's occupancy of the
property.
Section 6. Quiet Enjoyment; Mortgage Priority.
6.1 Landlord'a Warranty. Landlord warrants that it is the owner of..the
Premises and has the right to lease them. Landlord will defend Tenant's right to quiet
enjoyment of the Premises from the lawful claims of all persons during the lease term.
Section 7. Assignment end Subletting.
No part of the Premises may be assigned, mortgaged, or subleased, nor may
a right of use of any portion of the property be conferred on any third person by any
other means, without the prior written consent of Landlord.
Section 8. Default.
The following shall be events of default:
8.1 Default in Rent. Failure of Tenant to pay any rent or other charge within
10 days after it is due.
8.2 Default in Other Covenants. Failure of Tenant to comply with any term
or condition or fulfill any obligation of the lease (other than the payment of rent or
other charges) within 20 days after written notice by Landlord specifying the nature
of the default with reasonable particularity. If the default is of such 8 nature that it
cannot be completely remedied within the 20-day period, this provision shall be
complied with if Tenant begins correction of the default within the 20-day period and
thereafter proceeds with reasonable diligence and in good faith to effect the remedy
as soon as practicable.
8.3 Insolvency. Insolvency of Tenant; an assignment by Tenant for the
benefit of creditors; the filing by Tenant of a voluntary petition in bankruptcy; an
adjudication that Tenant is bankrupt or the appointment of a receiver of the properties
of Tenant; the filing of any involuntary petition of bankruptcy and failure of Tenant to
secure a dismissal of the petition within 30 days after filing; attachment of or the
Page 4- Commercial Lease
11H
levying of execution on the leasehold interest and failure of Tenant to secure
discharge of the attachment or release of the levy of execution within 10 days shall
constitute a default.
8.4 Abandonment. Failure of Tenant for 90 days or more to occupy the
Premises for one or more of the purposes permitted under this lease, unless such
failure is excused under other provisions of this lease.
Section 9. Termination on Default. In the event of a default the lease may be
terminated at the option of Landlord by written notice to Tenant. Whether or not the
lease is terminated by the election of Landlord or otherwise, Landlord shall be entitled
to recover damages from Tenant for the default, and Landlord may reenter, take
possession of the premises, and remove any persons or property by legal action or' by
self-help with the use of reasonable force and without liability for damages' and
without having accepted a surrender.
Section 10. Termination Without Cause. This lease shall be terminable by either
Landlord or Tenant at any time without cause on thirty days' advance written notice
to the other. If the lease is terminated without cause by either party, Landlord shall
return to Tenant that portion of the base rent representing the months remaining in
the lease term as calculated on a prorated basis.
Section 11. Surrender at Expiration. Upon expiration of the lease term or earlier
termination on account of default, Tenant shall surrender the Premises to Landlord.
Section 12. Miscellaneous
12.1 Nonweiver. Waiver by either party of strict performance of any provision
of this lease shall not be a waiver of or prejudice the party's right to require strict
performance of the same provision in the future or of any other provision.
12.2 Attorney Fees. If suit or action is instituted in connection with any
controversy arising out of this lease, the prevailing party shall be entitled to recover
in addition to costs such sum as the court may adjudge reasonable as attorney fees
at trial, on petition for review, and on appeal.
12.3 Notices. Any notice required or permitted under this lease shall be given
when actually delivered or 48 hours after deposited in United States mail as certified
mail addressed to the address first given in this lease or to such other address as may
be specified from time to time by either of the parties in writing.
12.4 Entry for Inspection. Landlord shall have the right to enter upon the
Premises at any time to determine Tenant's compliance with this lease.
Page 5 - Commercial Lease
11H
THE CITY OF WOODBURN, an Oregon
municipal corporation
By:
Nancy A. Kirksey, Mayor
STATE OF OREGON }
)
County of Marion )
SS.
On this day of ., 1996, personally appeared before me
Nancy A. Kirksey, the signer of the within instrument, who duly acknowledged to. me
that she is the Mayor of the City of Woodburn, an Oregon municipal corporation, and
that he executed the same on behalf of said corporation.
Notary Public for Oregon
Commission Expiring:
THE CITY OF WOODBURN, an Oregon
municipal corporation
By:
Mary Tennant, City Recorder
STATE OF OREGON )
! ss.
County of Marion )
On this day of ,1996, personally appeared before me
Mary Tennant, the signer of the within instrument, who duly acknowledged to me that
she is the City Recorder of the City of Woodburn, an Oregon municipal corporation,
and that he executed the same on behalf of said corporation.
Page 6 - Commercial Lease
11H
Notary Public for Oregon
Commission Expiring:
WILLAMETTE VALLEY RAILWAY COMPANY,
an Oregon corporation
By:
Its:
STATE OF OREGON
County of Marion
SS.
On this day of ,1996, personally appeared before me
, the signer of the within instrument, who duly
acknowledged to me that she/he is the , of Willamette
Valley Railway Company, an Oregon municipal corporation, and that she/he executed
the same on behalf of said corporation.
Notary Public for Oregon
Commission Expiring:
Page 7 - Commercial Lease
111
MEMO
TO:
FROM:
SUBJECT:
City Council through City Administrator
Public Works Program Manager ,~,~'~~--
State Revolving Fund Loan Agreement
DATE:
June 19, 1996
I~ECOMMENDATION: Approve the attached resolution authorizing the mayor to sign
a State Revolving Fund (SRF) Loan agreement for $4,000,000 on behalf of the city.
I~ACKGROUND: On June 19, 1995 the City was notified that it had been awarded
a State Revolving Funds (SRF) Loan of $2,000,000 for design of an advanced
wastewater treatment plant.
Subsequently final application materials were submitted to the Department of
Environmental Quality (DEQ) for the loan. Additional work to design and construct
pump station improvements and a new force main to the wastewater treatment plant
were added to the SRF loan project description.
Final processing of the formal loan agreement was delayed until the city's Wastewater
Facilities Plan was approved. DEQ approved that plan on May 23, 1996 and in final
stages of that process verbally informed the Public Works Director that the loan
amount may be increased to $4,000,000. That increase did take place and the loan
agreement presented for approval is for $4,000,000.
111
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON,
DEPARTMENT OF ENVIRONMENTAL QUALITY, FOR STATE REVOLVING FUND LOAN
NUMBER R98411 AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Woodburn has applied for a State Revolving Fund Loan
project for design of an advanced wastewater treatment facilities for the city and for design
and construction of a pump station improvements and a new force main to the westewater
treatment plant, and
WHEREAS, the City of Woodburn has entered into negotiations with the Department
of Environmental Quality for a loan to the City from the State Revolving Fund in the amount
of $4,000,000, and
WHEREAS, the DEQ has provided to the City State Revolving Fund Agreement
number R98411; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into. an agreement with the State of
Oregon acting through its Department of Environmental Quality to secure $4,000,000 in
loan funds through State Revolving Fund Loan number R98411 for the financing of a
sewage treatment system improvement. Said agreement is attached hereto and by this
reference incorporated herein.
Section 2. The City does authorize and approve the establishment and funding of
a designated reserve account to meet the "Loan Reserve" requirement of the SRF Loan
Agreement, and does direct establishment of this Loan Reserve.
Section 3. That the Mayor of the City of Woodburn, acting for and on behalf of the
City, be authorized to execute the SRF Loan Agreement and such other and additional
documents as may reasonably be required for the consummation and closing of the Loan,
and any amendments required thereafter.
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
111
Approved as to form:
City Attorney Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodburn, Oregon
Nancy A. Kirksey, Mayor
Page 2 -
COUNCIL BILL NO.
RESOLUTION NO.
T ~
111
TABIA~ OF CO~
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE]
ARTICLE 1: THE LOAN - SPECIFIC TERMS, CONDITIONS AND PROVISIONS
(A) BORROWER:
City of Woodbum.
(B) LOANNO.: Rgg411.
(O)
$4,000,000.
Sewage Treatment System lmp~ ~v~mellts
DATE OF AGREEMF2qT:. June __., 1996.
~TED COMP~ON DATE:
December 31, 1997
(G) IKIXRF~ RATK: 3.93% per nnnum. Calcul__ation of interest is also
discussed in Section 4((3) on page I0 and in Section 4(f) on page 11 of this agreemenL
(H) LoANPg~mGF~: 1.5% of the Final Loan Amount will be due with
the first r~pa~t following the detz~inseion of the Fi~ Loan Amount as discussed in
Section 2(G) on page 3 and Section 4(I-1)(1) on page 11 of ~his agreement.
(I) LoANSERVXC~aF-~: 015% of the omstanding principal will be due
atmually beginning with the sec, mgi repayment as discussed in Section 4(H)(2) on page 11 of
this ~t.
been made and the Final Loan Amount is delmnined, an:payment ~e smor/zhg the
loan over fire remaining repayment lmiod will be lXelm~L Attached as Appendix A is a
prelimim~ repayment schedule based on an esfimal~ disbursenm~t schedule and the
odgjnal Loan Amount. Repayment is also discussed in Section 40) on page 11 of this
agreem~L
BORROWER'S ADDRESS:
CityofWoodbum
270MontgomeryStreet
Woodbum, Oregon 97071
(L) DESCRIF~ON OF Tm~ P~O,mC~. Design of ndvanced was~wa~ a~mnent
plant; and design nnd construction of pump station improvements and new force main.
LOAN AGRI!t!MEN'r
Crrv oF WOODBUm,~ ' R98411 ' 6/17/96 _
ORE~,ON DEPARTMENT OF ENVIRONMENTAL QUALrrY
~TATE REVOLVING FUND
PAGE2
(M) CONSTRUCTION COSTS. As of the datr of this Loan Agreement, the Borrower
has already incurred $0 in construction costs on the Project.
TY~E OF IX)Arq. The loan authorized.by ~is Loan Agreem_ e~t. has been
approve?by the DEQ as an "Rev~ue Seon'ot Loa~ p~ ~o OAR Section 340--54--
(O) BORROVam'S Atrmo~rz~,'no~. Th~ Borrower has authofi:~ this agreem_ ¢nt
pumum ~o ORS a6a.439 by Resolution No. , which was duly passed by the
Borrower's Ci~ Council ~ . A copy oflhis document is ~ ns
(p) ~E. The Borrower hereby pledges its Net Operating Revenues to pa~y me
assignee of this Agreement that the.B~_ wet shall ,n~t.: ._~_ _ nny.oth~, ob ',nl~on~_ ..~w~i_ '~.hthl~v~
n pledge or lien on lhe Net Operating Kevenues wmcn ~s superior to or o panty
pledge herein granted without the written permi~ion of the DEQ. This loan is a parity
obligation with all olher State Revolving Fund loans between the DEQ and the Borrower.
(Q) COVERAGE REQ~. Until _~_e. loan ia rep~.? in fhlL the Borrower
covenants with the DEQ ~o m,in~in sewer ~ s-fligielit Io meet tile ~ents listed in
Section 4(D) on page 8 with a debt service coverage facl~ of 105%.
~)ayment schedule. Unlil the Final Loan Amount is calculalrd, thc Loan Reserve
111
ARTICLE 2: DEIqNITIONS
have the meanings defined in this Article.
(A) "BORROWKR" means the public jmisdiction shown as the "Borrowe~" in
Section I(A) on page 1.
(B) "Co,IX'nON DATE" means eili~er the date on which · facility planning
project is accepted by the Department, the date on which a design project is ready for the
CITY OF WOODBURN ' R98411 · 6117/96 LOA~ AGREEMEN'r
ORE~)N DEPARTMENT OF ENVIRONMENTAL QUALrrY
STATE REVOLVING FUND
contractor bid process, or ~he date on which a construction project is substantially complete
and ready for initiation of operations.
(C) "COSTS oF THE PR~' m_~n-~ expmdim~ approved by the DEQ which
are necessary to consm~ the Project in compliance ~ DEQ requhemems which may
include but are not limiIEd ID the followil~ ii,ms:
(1) Obligations of fl~e Borwwer inaured for labor and materials and all
costs which the Bom)wet shall be required ~o pay under fl~e lenns of any contract for
the design, scquisition, consm~on or hstallafion of ~he Project;
(2) Easineering fees for the design and consm~on of the Project :
O) The costs of contract bonds and of insurance of all kinds that ~ be
required or necessa~ during ~he course of completion of~he Project;
(4) Thc legal, financing and adminismm've costs of obtaining thc loan and
completing the Project; and
(D) "DE(}" means the State of Oregon, actin8 by and through the Dire~or of the
Oregon ~ of aaviroamea~l Quality or thc Direaor's ~ ~ve.
(E) "DIREL'II)R" means the Director of the O~gon Department of Environmental
~_,-~ity or the Carec~s aahodzed vepmmtative.
(F) "FACIIZIY" means the Borrowers wastewat~ collection, treatment and
(G) "FINAL LOAN AMOUNT" means the total of all loan proceeds disbm'sed to
Amount will be ~ined when the project is comple~ or the Borrower indicates that no
further loan funds will be requ~ or all eligible expenditures have been reimbursed from
the loan proceeds. The Final Loan Amount will be amimized over the balance of the
repayment period on a final ~-payment schedule.
tH) "LOA~ AGREEMEm~' or "AGREEMm~' means this Loan Agreement, its
appendices, and any amendments or supplements thereto.
111
LOAN AGRF. EMENT
CiTY OFWOODBURN' R99411 · 6/17/96
ORE~ON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE4
(I) "LOAN AMOUNT" means thc maximum amount thc DEQ agrees to loan the
Borrower as shown in Section I(C) on page 1. This amount may be changed by an
of Ibis Loan Agreement does not include: any payments of asser~n__ ents levied against
of any liability insurnme; or the proceeds of any casualty
~ which the Bonower ~ to utilize fo~ v:pair or replaemmm of the sewer system.
Operating expenses includes sll direct ~d indirect expenses inam~ for operalion,
maintenance and ~ of the sewer system~ including but not limited to administl~Ve
monies are not available from pioceeds of insurance), taxes, legal and engineering expenses
relating to the operation and maintenance, payments and reserves for pension, retirement,
health, hospitalization, and sick leave benefi~ and any odzer similar expenses to be paid to
the eximt properly and directly attrib,_Ohle Ia operations of the sewer system.
(K) "OtrrSTAN~ING LOAN AMO~' means the sum of all disbursemm~ to the
Borrower hereunder less thc sum of all loan principal repayments.
(L) "PRO.mCr" means the facilities, activities or documents described in Section
I(L) on page 1.
Water Pollution Control Revolvi~ refeared ~o in ORS Chapm' 468,
Division 423.
ON') "STATE" means ~ Stale of Oregon.
111
ARTICLE 3: G~LO~ PROVISIONS
(A) AGREEMENT OF DEQ TO LOAN. The DEQ agrees to loan thc Borrower an
amount not to exceed the Loan Amount, subject ~o the terms and conditions of this Loan
Agreement, but solely from funds available to the DEQ _und_~ its_ .State Revol.v~g ,F._u~_~
progranx Thc obligation of lhe DEQ to make the loan descri~ in th/s agreanent ~s suojeci
to the availability of such funds, and the DEQ shall have no liability to the Borrower or any
olizer party if such funds are not available, or are not available in amounts sufficient to fund
the entire loan described herehx
CITY OF WOODBURN ' R98411 ' 6/17/96
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOt.XONG FUND
PAGE5
111
e~cls~)t~ AVAItABILITY OF FUNDS. Thc DEQ represents that it has available to it, or
it can obtain within a reasonable period of time, money to make the loan
income under Section 103(a) of the lnmmd ~ Code of 19S6 as amended and any
(D) SINGL~ AU'OW ACT RgQUmgl~NTS. The State Revolving Fund (SRF) is
n loan program of the DEQ which operates under the regulations of the UpS.
Environmental Protection Agency and receives capi~li,~tlon..grin, tS_' through the.~rCa~t~
of Federal Domestic Assistance (CFDA) No. 66.458: Capitalmmon Grants tO
Revolving Funds. As such, the SRF progrnm and its loan recipients are subject to the
U.S. Office of Management and Budget Circular A-125, "Audits of State and Lbcal
Borrowers are subject to
Governments" implementing the Single Audit Act of 1984. _ .
C~ A-128 to the extent that loan proceeds include federal capit__nliTntion grant
of each fiscal year. The Borrower is responsible lor com?llallc~ wire ~ tzo
procedures.
(E) AGREEblY-NT O1~ BORROWER TO REPAY. The Borrower agrees, to_repay nH
agrees m repay all amounts owed on this lonn within twenty years o~ me acttm compieno
(F) AUTHORIZATION.
(1) This Loan Agreemmt is g/yen as ev/dence of a loan to the Borrower
made by the DEQ ~ ~o ORS Title 21 and ORS Chapins 190, 287, 288, and
468, as amended, and shall be subject to the ptesent ~ons of the DEQ and to its
(2) The Borrower has authorized this agreement pm~nt to ORS 468.439
by a resolution or ordinance, which was duly passed by the Borroweffs governing
body as described in Section 1(O) on page 2.
(G) TERMINATION OF LOAN AGREEMENT. Upon compliance by the Borrower
with nil of its obligations under this Loan Agreement, including payment in full of thc Final
Loan Amount, accrued interest and fees, this Loan Agreement will terminate and the DEQ
shall take the steps necessary to release the DEQ's inl~rest in any collateral given as security
under ~ Loan Agreement.
Cn'Y o~ WOODSUm,~ ' R98411 · 6117/96
LOAN AGREEMEN'r
OREOON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE6
111
(H) NOTICES. Ail notices, payments, statements, demands, costs, approvals,
~ons, offers, designations, requests or other communications under this Loan
the Borrower, addressed m the location listed m Seotion l(IO on page ~, D~uu
Address,' and if to the DEQ, addressed to:
State Revolving Fund Program
Water Quality Division
Department of Environmental Quality
811 S.W. Sixth Avenue
Portland, Oregon 97204-1390
or tO slJoh other addresses as the respecliv~ parties may fi'om time to time desigllatel
deliver(~any HJRTRER INSl~UMEbrlg. The Borrower and the DEQ ,gree m execum and
written instruments necessa~ to carry out any agreement, ~ condition or
assmance in ~ Loan Agreement wlmgver occasion shall arise end reasonable request for
Loan Agreement ~.ll be assigned by thc Borrower only with the written approval of the
DEQ.
(L) l~ws GOVEmV~O. This agreement shall be consmmi and interpreted in
accordance with the laws of the Sta~ of Ch~on as ~ same from fmc to time exist.
(M) 3UR~SDICHON OF LmGATION. Any litigation brought under this Loan
Agreement shall be conducted in the courts of the county des~ by the DEQ or in thc
courts of Marion County.
(N) VALm~ A1~ SEVE~~. If any part, term, or provision of this Loan
Agreement, or of any other loan document, shall be held by a court of competent jurisdiction
to be void, voidable, or unenforceable by either paRy, the validity of the ~znaining portions or
CITY OF WOOpBURN ' R98411 · 6/17/96
LOAN A(3REEMEN'¥
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE7
provisions shall not be affected, and all such l~udning portions or provisions ~!i remain in
full force and effect.
1.ef~~ ARTICI~ HE. ADINGS. All headings 'contained herein nrc for con .v~..'.e~. of
~aly and are not intended to define or limit tl~ scope of any provision ot ires Loan
Agreement.
III
ARTICLE 4: TERMS, CONSIDERATIONS, AND PROCEDURF~
(A) OI, INION OV LgGAL COUNSgL. The DEQ shall not be obliga~ to disburse
DEQ, to the effect ~
(1) The Borrower has the power nnd attthority to execu~ nnd deliver, nnd
affecOng ~edi~es figlas generally, ~nd
(3) To ~ ~s ~~ ~ ~ ~ ~ ~ ~ ~y
o~ ~m~ ~, ~ ~, ~ hw m ~ ~~ ~ a ~ or ~ ~&
it ~ ~
(4) ~ on ~ S~ 1o~ ~ ~dud~ ~m ~ ~e ~ ~on
103(a) of&e ~ ~ue ~ of 1986 ~ ~m~ ~ ~Y ~o~ or mli~
(~ R~u~ ~ ~ ~ for ~c 1~ ~ not ~~ ~ ~ch
~ ~ ~ S~on 1 lb, ~cle ~ of &e ~on ~~om
CrrY OF WOODBURN ' R98411 ' 6117/96
LOAN AGRI~t~MEN'~'
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
(B) BORROW~R'sFn~A~O-A~R~CORDS.
appropriate and complete financial
PAGE8
111
(1) The Borrower sbn" maintain
accounts for this Project, for this debt service fund, and for the loan relmyment funding
source at all times during the mm of ~is Loan ~ consisU~ with Genenlly
Principles, and Sta~ lvfmimum Standards for Audits of Yunic/pal Corporations.
Separ~ accounting will be pedonned for the Facility producing the gross sewer
revenues and for lite Project
(2) The Borrower shall retain files and records relating to the Project .and
fids Loan Agreement for at least three 0) years af~ the project has been comp~
and all amoums due ureter this Loan Agreement nre fully rC-l~d.
O) Audit. Federal enabling legislntion and rules require an audit of Och
SRF loan. DEQ agrees to nccept the following as adeq~_~ to meet this requiron__ ent.
(a) A full and complete acco~ of Project costs /naured
including document~on to support each cost element with a smnmaty of the
total corn of the Project and the sources of funding sulxnit~ to the DEQ no
more than six months following project completion;- snd
(b) A copy ~e Borroweffs anmutl audit report provided by
December 31st of each year until the loan is fully repaid.
instmtble in connection with shnilar projects ann as ~s usunuy camm
(D) SgWFM RATE COVFfO, NT.
(1) Sewer Rnlrs to Cover Debt Sentice Payments. The Borrower covenants
with the DEQ and any assignee of this Loan Agreement that the Borrower shall charge
fees in connection with the operation of the sewer system which are adequate to
genera~ Net Operating Revenues in each fiscal year equal to or greater than the debt
service coverage factor given in Section I(Q) on page 2 multiplied by the debt service
payments due under this Loan Agreement in that fiscal year.
LOAN AGREEMENT
CITY OF WOODBURN ' R98411 · 6/17/96 -
OREGON DEPARTMENT OF ENVIRONMENTAL QUALrrY
STATE REVOLVING FUND
PAGE9
(2) Sewer Rat~ Adjustments. If the Borrower fsil.~ to charge fees at the
level required by thi.n Section, the Borrower shall promptly adjust its fees to assure
furore compliance. However, failure to adjust fees shah not constitute an event of
default here-muter if the Borrower transfers funds to the Sewer Fund from other
discovers the deficiency. Any transfers or deposits to the Sewer Fund shall be
mnin~ined in the Sewer Fund and be used only for ~ for which the Net
O) Conditions of Defmdt. If the Borrower meets compliax~ with
paragraph (2) of this section by tmnsfening funds to ~ _Sew~ Fund to~_~a
to be in default on the loan unless the Borrower can s~ow mat sewer rates were
inn~fflcient to cover expenses and debt service for three consecutive years, the
Borrower may be deemed m I~ in default
(4) Finandnl Reporting Requirement. The Borrower shall provide the DEQ
wi~h a xqx~'t which demonstnges thc Borrowers complian~ with fl~e xequiretmnt~ of
this sectionby December 31st of each year unfil th¢ loanis xqmid- If the nttdit report
described in Section 4(BX3Xb) on ~ g identifies ~he Net Opeming ~ and
of subsection (1) of ~ s~don, tl~ audit report d~ca't~d in So~i~ 4(BX3Xb) on
page $ sha~ sa~fy the ~lui~me~ of this subse~on-
(1) Thc Borrower covenants with thc DEQ nnd nay assignee of this Loan
Agreement th~ the Borrower shall create a restricted Loan Reserve Account, which it
shnIl hold in trust for the benefit oflhe DEQ and any assignee of this Lonn~
amounts due heremuter until the loan, interest and fees have been fully p.-l~aid.
(2) The Borrower covenants that it shall deposit an amount equal to the
Loan Reserve Requirement ns descdb~ in Section I(R) on page 2 into the Loan
Reserve Account no la~ than the first day on which a disbursement is received
hereunder.
O) The Borrower covenants tint ff the balance in the Loan Reserve
Account falls below the Loan Reserve Requirement, it will promptly deposit an
amount sufficient to restore the balance from the first net revenues available after
LOAN AGR~EMEN'r
CITY OF WOODBURN ' R98411 · 6117/96
OREGON DEPARTMENT OF ENVIRONMENTAL QUALrrY
STATE REVOLVING FUND
PAGE 10
payment of the amounts due hereunder unless the deposit has been made previously
from other money of the Borrower.
DISBURSEMENT OF LOAN PROCEEDS.
(1) Bid Doo~ments. The DEQ shall not be obliga~ to disbmze any loan
proceeds to the Borrower hereunder unless and until lhe Borrower has submitted'a
copy of thc awsrded contract and bid documents to the DEQ for the portion of the
sta~m~ and forms as may be reasonably required by the DEQ.
(3) Adjustments and Commons. The DEQ may at any time, review ~nd
audit requests for disbursement and make adjustmen~ for, but not limited to, inelig~ole
expenditm'es, m~ematical errors, items not built or bought and unacceptable work.
Nothing herein contained shsll require the DEQ to pay any amounts for labor or
materials .unless satisfied that such clsims m'c reasonable end that such labor end
mat~els wcrc actually expended end used in the completion of the Project. In
,ddition, thc DEQ shell not bc rcquircd to disburse loan ln'occcds in any mount
grce~ than thc total c~_'m*~i cost of the work complctcd st the fimc of thc
disbursement es detcrmi~ by thc DEQ.
proof that retained funds were paid to the contract.
365/366 day year until lhe Final Loan Amount is &mmine~ After the Final Loan Amount is
determined and the final ~l~ment schcdule is prcpan~ int~est on furore scheduled
payments will accrue on a 360 day year basis and compound sem/-annually on the payment
due dates. Scheduled payments will be applied to interest and principal according to the
repayment schedule, rather than being applied based on the day the payment is received.
111
CITY OF WOODBURN ' R98411 · 6/17/96
LOAN AGREEMEN'r
OREGON DEPARTMENT OF ENVIRONMENTAL QuAt. rrY
STATE REVOLVING FUND
(1) Loan Processing Fee. The Borrower agrees to pay a one-time loan
processing fee of one and one-bnlf percent (1.5%) of the.F, in~l, ~ ~.mo~,, ,,T~, ¢
loan processing fee sbnll be assessed nfl~r the Final Amount ~s delmmmeo nun sram Ge
due and payable as described in Section I(H) on page 1.
(2). Loan Servicing Fee. The Borrower asx~s to pay an annual loan
servicing tee dur~ the repaymmt period equ~ to one-~*~f of one percent (0.5%) of
upon the Outstanding Loan Amount prior to the posting of the payment due on that
dat~.
(3) t~te payment Fee. The ~orrower agrees to pay immediacy ~
demand of the DF.O, a late fee equal to five percent (5%) of any loan payment which
is not received by the DEQ on or before the tenth day nfa~ such payment is due. Thi.~
late fee shnll also apply to any loan processing fee or loan servi~ fee which is due
on that loan payment due date.
PAGE 11
111
(1) Final Loan Amount After the final request for loan proceeds is
submi~ by the Borrower and disbursed by the DF-Do the Final Loan Amount will be
over the bnl__ance of the repayment lerm specified under "Terms of Repayment" in
Section 1(0 on page 1.
(2) Int~xim Payments. The Borrower agrees to make the first repayment on
the loan ns stnt~ on the repayment ~e, but, in any case, no later than one year
following the ac~_~nl completion date of the Project. Semi-annual payments will
continue.to be due based upon a ~ or ~ schedule until the Final Loan
(3) Repayment Schedule. A final repayment schedule will be calculated
after the final dis~ is made and the Final Loan Amount is deter~ine~ This
remaining scheduled payments will amortize the Final Loan Amount over the
remaining n~_tmber of ye,rs or payments specified under "Terms of Repayment" in
Section l(J) on page 1. Attached as Appendix A is a provisional repayment schedule
based on the estimated completion date and original Loan Amount
CITY OF WOODBURN' R98411 · 6/17/96
L~AN AGREEMENT
ORE~ON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE 12
(4) Crediting of Scheduled Payments. Scheduled payments will be applied
first to fees due, if any, and then to interest acco~ to the repayment schedule, and
then to principal.
(z) Credith~ of Unsd~ded Payments. An unsched~ed psyme~
including any In'epayments md inaial Inymen~ will be applied first to fees due,
auy, md then to interest ~ using a 365~366 day year, and then to principal.
the same interest ~ ~ ~ ~ to reduoe the loan m~mrity-Aflrr a partial
for the same number of payments to ~ the loan payment amount.
(6) Final Payment. All outstanding loan principal, interest and fees will be
due and payable no later than twenty years afl~ the completion date.
(1) Optioml Prepayrm~ The Borrower may prepay any amounts owed on
this loan without penalty on any lmsiness day upon 24 hours l~ior written notice.
loan, it will prepay the portion of the Loan constituting a double benefit.
111
ARTICLE 5: GENERAL I~._.PRF.~ENTATIONS, WARl~q'lq~ ~ COVENANT~
(A) REI,~~A~ONg AND WARRANTIES O1~ ~ BORROWER,
(1) The Borrower hereby certifies, recites and declares fl~at all acts,
conditions and lhings required to exist, happen and be performed precede~ to and in
the issuance of figs Agreement have existed, have happened, and have been performed
in due time, form and manner as required by la~r, and that the Loan Amount together
with all obligations of the Bonower does not, and will not, exceed any limits
prescribed by the Constitution and Statutes of the State of Oregon or the Borrower's
authority.
CITY OF WOODBURN ' R98411 · 6/17/96
LOAN AGI~-MENT
OREOON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLV~G FU~D
PAGE 13
111
(2) The Borrower warrants that it is a duly formed and existing municipal
corporation of the Stn~e of Oregon nnd has full corporate and other power to enter into
(3) The Borrower warran~ that ~here is no material adverse informntion
relating to the Project or thc loan, known to the Borrower, which has not been
disclosed to the DEQ.
Agreenmnt, will violin any provision of law, o~ any order of any court or other
ngency of govemmmt, or any agreement or other insmnnem to whic.~ thc Borrower is
now a party or by which the Borrower or any of its properties or assets is bound, nor
or the passage of time or both) trader sny such agreement or olher ~ or,
~xe~t as provided heretmder, reault in the creation or imposition of any lira, charge or
eaeambm~ of any mmtr~ whatsoev~ upon any of the property or assets of the
Bon~wer.
complied with during the term of fltis Loan Agreanmt.
REPR~KNTAT~Om AND WARRANTI~ O~ THE DEQ. The D~ ~
O~ ~~ 3~, ~ion M, W ~ ~W &e ~o~ wn~~ ~ ~ ~
~~t ~d ~ ~ o~ &e ~~s ob~o~ ~~. ~Y ~~~f~
S~ ~e ~ ~ ~e ~~s ~~ ~ ~ ~ ~~ m ~ ~
~ ~is ~ A~~t ~d ~ ~e ~e 1o~ ~ ~~1~ h~.
CITY OF WOODBURN ' R98411 · 6/17/96
LOAN AGREEMENT
7 ~
ORE~N DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE 14
(C) PROJECt ASSURANCES. Nothing in this Loan Agreement prohibits the
Borrower from requiring more assurnnces, ~_mrantees, or indemnity or other contra~_l_nl
requirements from any party pedorm Project work.
(D) GENERAL COV~ANTS OF THE BORROWER. The Borrower covenants with
the DEQ thnt:
(1) The Borrower shall use the loan funds only for payment of or
reimbursement of costs of the Project in accordance with this Loan Agreement
time claimin the same or any therei
(3) The Borrower shall not sell, transfer, or encumber the sewer system
without the prior writl~ nppmvnl of the DEQ, which approval shall not unreasonably
be withheld. Upon sale of the sewer sysmn or the Project, in whole or in part, to a
priv~ ~, fl~i~ SRF loan shall be immedi_n_~ly due and payable in full
(4) The Borrower shall undertake the Proje~ request ~ under
this Loan ~ and use the Loan Amount in full compliance with all applicable
laws and rules of the Stn~ of Oregon, including ORS Chapm' 468 and Oregon
Administrative Rules Sections 340-.54-005 to 340-54-075, ns they may be amended
from time to lime, and all applicable laws and rules of the Un/ted Slates, including
Title VI of the Clean Wa~ Act ~s amended by the Wafer Q~mlity Act of 1987, Public
Law 100-4 and any subsequent ame~lmems, and.all applicable ndes of lite U.S.
Environmental ~on Agency. Article l0 lists many of the applicable federal hws
and authorities
(S) To the fullest extent permi~ by law, the Borrower shah indemnify,
save, defend and hold the DEQ harmless in nny action, suit, or claim ndsing from the
(6) The Borrower shall disburse monies from the loan proceeds solely for
the costs of the Project.
(7) Concurrent with the execution and delivery of ~his Loan Agreement, or
as soon thereafter as practicable, the Borrower shall take all steps necessary to cause
the Project to be completed in accordance with all applicable DEQ requirements.
111
Crrv oF WOODSUm~: R98411: 6117/96 LOA~ AGREEMENT
ORE~N DEPARTMENT OF ENVIRONMENTAL QUALITY
REVOLVING FUND
PAGE 15
(8) If the Loan Amount is not s-fficient to pay for Rte costs of the Project in
full, the Borrower shall pay at its own expen__ ses from its own funds and without any
right of reimbursement from the DEQ nil such costs of the Project in excess of the loan
funds and additions thereto.
(9) The Borrower shall take no action which would adversely affect the
eligl~oility of the Project as a State Revolving Fund Project, or cause a violation of any
loan covenant herehL
(10) The Borrower shall keep the sewer system in good repair and woddng
order at all tlm~S ~ Opgta~ thg ~ ill 931 efficient and economical numner.
(E) PRigrgc'r COVENAKrs OF THK BORROW'gR. Thc Borrower covmants with
thc DEQ thaC
(1) MBE, WBE and SBRA Affmnafive Sl~'l~s. The Borrower shall promote
a fair share award to Small Businesses in Rural Areas, Minority Business F. amprises,
and Women's Business Enlmtnises on all contract and subconm~s awarded as a part
of the Project.
(2) S~ Bond. Unless the DEQ provides a written waiver, the Borrower
shall have all prime coniracm~ execute and deliver a cotpontte surety bond acceptable
to the DEQ for ~he faithful pedormance of the contract or subcontract and payment of
all hens and iienable expenses in connection therewith in a sum eqnsl to the contract
or subcontract price.
(3) Rmi~e. Thc Borrower shall include a five perc~_ t (5%) mainage
provision in all of the Borrower's contracts for Imrchases or co~, letion of any part of
the Project greater in cost than One Hundred Thousand ($100,000) Dollars.
(4) Change Orders. The Borrower shall submit all ~ orders to ~he
DEQ. The Borrower shall not use amounts loaned under ~is Loan Agreement to pay
for costs of any change order which has not been approved, in writing, by the DEQ.
This subsection shsll not ~ rite Bm~ower from approving a change prior to
approval by DF~ as long as the Borrower accepts the risk of paying for costs of the
change if it is not approved by DEQ.
CITY OF WOODSUP~' R98411 ' 6/17/96
LOAN AGREEMENT
-T
OREC~N DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE 16
ARTICLE 6: REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO
CONSTRUCTION PROJECTS ONLY
(A) COVENAKI~ The Borrower covenants with the DEQ that:
(1) Inspections. The Borrower shall provide impections during the building
of the Pwject as required by the DEQ to ensure that the Project corn?lies with
inspectors under the direction of a ~ civil, mechanical or electrical engineer,
whichever is apptopfi~. Thc DEQ or its ~'lXe~mmfiv~ may conduct ink, rim
(2) Asbestos. The Borrower shall ensure that any removal of asbestos
which may be part of this Project will be performed by parties trained and qualifie~ for
asbestos _removal
($) Operation and Mainmumce Manual The Borrower shall submit a drdt
facility operation and main~ m~n~i before the project is ~ Ire'cern (50°4)
complete. The Borrower shall submit a facility operation and mainlnmnce ll~mml
which meets DEQ appro~ before the Project is ninety pement (90%) complete.
(4) Almafiom After Completion The Borrower ,h,li not materially al~r
the design or ~ character of the Project after the completion of the Project
without the writ~ approval of the DEQ.
COSTS ALREADY INCURRED aY TiiE BORROWER.
(1) The Borrower represents that the amount of constm~on costs of the
Project which have been incurmi bythe Borrower for the Project as of the date of this
Loan Agreement do not exceed the amounts shown in Section I(M) on page 2.
(2) The DEQ has relied upon Borrowers representation as to the amount of
consm~on costs inaured prior to thc da~ of this Loan ~ If that sum is
within the U.S. Environmental Protcclion Agency's ~4~nition of "refinancil~# ttxe
DF_~ warrants that th~ amount i~ within the exception to the ~nan~ role allowed
by the EP,~ As such, State Revolving Fund rules (40 CFR Part 35) allow
disbursements to be made on a rehnbursement bash.
(C) PLUS ANO SPECIHCATIONS. The Borrowers plans, specifications and
related documents for the Project will be reviewed and approved by the DEQ.
111
CITY o~ WOODBU~ ' R98411 · 6/17/96
LOAN AGREEMENT
OREC~N DEPARTMENT OF ENVIRONMENTAL QUALrrY
STATE REVOLV~G FUND
PROJECT INITIATION OF OPERATIONS.
(1) The Borrower shall notify the DEQ no more than thirty (30) days aflrr
the actual Project Completion Dat~.
(2) If the Projec~ is com~lel~d, or is completed except for minor imm, and
the Project is operable, but the Borrower has not sent its notice of initiation of
operation, the DEQ may assign an initiation of operation date.
PAGE 17
111
ARTICLE 7: RIGHT~ OF DEQ; LIMITATIONS ON DEQ RF3PONSlBIIXrIF3
(A) QUALITY OF MA~ The DEQ docs not warrant or guamnire the q~lity
of mamials supplied to and which beco~ a part of the Project, the quality of the
wodmum~p performed upon the project, or the exlrm and stage of completion of' the
Project, and no such wman~ or guarantee shall be implied by virtue of any impecfion or
disbursement made by the DEQ.
(B) L~BHXrY Or ThE DEQ. It is expressly understood and _%oreed flint the DEQ
will be under no liability of any kind or chzmc~ whatsoever for payment of labor or
materiah or otberwhe in connection with the completion of the Project or for the ~dng out
of contracts catered into by the Borrower with third parties for the completion of the Project
All cos~ of material, labor and conslmction, including indirect cos~ shall be paid by the
(C) R~G~T OF ENTRY AND INS~'F, CnON. The Borrower will allow ihe DEQ or its
reasonable notice to the Borrower to inspect the Project and for all other lawful pmpos~
including the examining of books and records pertaining to the'Project or this Loan
Agreement and to make extracts and copies thereof.
(D) DEQ NOT REQtUR~D TO ACT. Nothing conalned in this Loan Agreement
shall require the DEQ to incur any expense or to take any action heromder, and it shall not be
liable to the Borrower for any damages or claims arising out of action taken pmsuant to this
WAIVERS AND RESERVATION OF RIGHTS.
(1) The waiver by the DEQ of any breach by the Borrower of any term,
covenant or condition of this Loan Agecment shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this Loan
Agrecment~ The DEQ may pursue any of its remedies hereunder concurrently or
Crrv ov Wooo~um,~ · R98411 · 6/17/96
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
~TATE REVOLVING FUND
consecutively without being deemed to have waived its right to pursue any other
remedy.
(2) Nothing in ~ Loan Agreement affects the DEQ's right to ~ ~
~tion, includin~ but not limited to, ~lmi~isl~afi~ ent'omement ~tion and s~ions £or
breach of contract against a Borrower that fail.~ to cany out its ob~ons under this
Loan Agreement.
PAGE 18
111
(F) NONLIABILITY OF STATE.
(1) The State and its oflioas, agents and employees shall not be liable to
the Borrower, otto any other ~ whomsoev~ for any death, injury, damage, or lOSS
of the Proje~ The Borro~ shall, and does hereby agree to the extent permit~ by
law and the Oregon Constitution, to indemnify, defend, save and hold the Stal~ its
officers, agents and employees harmless from and defend each of them S~o~in~ any
and all claims, liens and judgmems for death ~ injury to, or loss by any person or
damage to property whatsoever ocoming in, on or about the premises of the Project or
due to tl~ ~ or activities of the Project, and, to thc extent permitt~ by law, any
reasonable m~ffs' fees and expense incurred in connection with litigation
or activities of the Project or actions, con~ct~ penni~ or lieemes obmine~
to, or performed by the Borrower in connection therewith.
(2) Any findings by the Department concerning thc Project and any
inspections or analyses of the Project by the DEQ are for proposes of determining
eligibility for the loan and disbulsement of loan proceeds only and do not constitute an
endorsement of the feasibility of the .Project or its components or an assurance of any
kind for any other purpose.
O) Review and approval of facilities plans, design drawings and
specifications or other documents by or for thc DEQ does not relieve the Borrower of
its responm'bility to properly plan, design, build and effectively operate and maintain
thc Fac~ty as required by law, regulations, permits and good management practices.
ARTICLE 8: DEFAULT AND REMEDIF,~
(A) - EVENTS OF DEFAULT. The occurren~ of one or more of the following events
shall constitute an Event of Default, whether occurring volunlafily or involuntarily, by
operation of law or pursuant to any order of any court or governmental agency:
CITY OF WOODBURN' R98411 ' 6/17/96
LOAN AGREEMENT
OREC, ON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
PAGE 19
(1) The Borroweffs failure to make any loan payment within thirty (30)
days after the payment is scheduled to be made according to the repayment schedule;
(2) The Bonower's failure to comply in any mam~ respect with any other
covemnt, condition, or _%*reement of the Borrower hereund~ for a period of thirty (30)
days after notice thereof from the DEQ;
(~) The DEQ reasonably dem~ines that any ~tion or warranty
made by the Borrower hemmd~ was untrue in any mamial respect as of the date it
a tnmee or receiver for the Bo~ow~ or a substantial part of its propa~, or in the
absence of such application, consent, or acqui~ a tms~ or receiver is
appointed for the Borrower or a substantial part of its property and is not discharged
within sixty (60) days; or any bankrupt, ~rganiz~ion, debt axrangement or
the Borrower or is not dismissed within ninety (90) days; or
(5) The DEQ reasonably determines that, as a result of any changes in the
Constitution of thc United States of America or tbe ~n Constit~oa or as a result
of any legislative, judicial, or ~dmlni~rative action, any part of thi.~ Loan Agreement
shall have become void or unenforceable or imposs~'ole to perform in accordance with
the inlrntion and purposes of the parties hereto, or shall have been declared unlawful.
~IES. If the DEQ determines that an Event of Default has ocamed, the
(1) Declare the Outstsn~ Loan Amount plus any unpaid accrued interest
and fees immediately due and payable;
(2) Cease making disbursement of loan proceeds, or make some
disbursements of loan proceeds and withhold or refuse to make other disbursements;
O) Appoint a receiver at the expense of thc Borrower to operate the Facility
and collect the gross revenues;
(4) Pay, compromise or settle any liens on the premises or the Project or
pay other sums required to be paid by the Borrower in connection with the Project, at
the DEQ's discretion, using thc loan proceeds and such additional money as may be
111
CITY OF WOODBURN ' R98411 ' 6/17/96 LOA~ AGREEMENT
ORI~3ON DEPARTMENT OF ENVIRONMENTAL QuA~rrv
STATE REVOLVI~O F~ND
PAOE 20
required. In the event of payment by the DF, Q, or any payment out of the loan
proceeds secured hereby, of any encumbrance, lien, claim, or demand, the DEQ may,
at its option, be subrogated to the extent of the amount of such payment to all the
rights, powers, privileges, and remedies of the payor or payee, as the case may be, and
any such subrogation rights shnli be additional cumulative security for this Loan
(5) Direct the State Treasurer to withhold any amounts otherwise due to thc
Borrower from thc Sta~ of Oregon and, m thc ~mt pmnit~ by Law, direct ~t
be deposited into the Stsle Revolving Fund;
(6) Compel the specific performance of any ~ covenant, or conditi6n of
this Loan Agreement; and
(7) Pursue any other legal or equitable remedy it may have.
incur other expenses for the DEQ's successful enforcement of or the perfo~ or
observance of ~ obh'gation or agreemmt on the part of the Borrower conUdned therein, the
Borrower %orees that it will, upon demand thereof~ pay ~o the order of thc DEQ thc reasomblc
fee of such attorneys and other expenses inanred by the DEQ.
111
The ~ Administrative Rule references the Sta~ Revolving Fund Procedures MAm,,d for
guidance on many aspects of Section 212 publicly-owned treatment works projects. This
are simngly mcouraged to consider and follow the guidance when applicable. Some sections
ARTICLE 10: APPLICABLE FEDERAL AtrrHo~ AND LAWS ("CROSS-CUTTERS")
(A) ENVIRO~AL LEGISLATION:
Archaeological and Historic Preservation Act of 1974, PL 93-291.
Clean Air Act, 42 U.S.C. 7506(c).
Coastal Barrier Resourc~ Act, 16 U.S.c. 3501, et seq.
Coastal Zone Management Act of 1972, PL 92-583, as amended.
CrrY oF WOODBUR~ ' R98411 · 6/17/96
LOAN AGI~fZMBNT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATI~ REVOLVING FUND
Endangered Species Act 16 U.S.C. 1531, et seq.
Executive Order 11593, Protection and Nahancement of the Cullm~ Environment.
Executive Order 11988, Floodplain Management.
F_ocecufive Order 11990, Protection of Wetlands.
Fmmland Protection Policy Act, 7 U.S.C. 4201, et seq.
Fi~ and Wildlife ~on Act, PL 85-624, ss amended.
National Historic Preservation Act of 1966, PL 89-665, as amended.
Safe Drinking Water Act, Section 1424(e), PL 92-523, ss amended.
Wad and Scenic Rivers Act, PL 90-542, ss amended.
Federal Water Pollution Control Act Amendments of 1972, PL 92-500.
PAO£21
ECONOMIC ~TION:
Demonstration Cities and Metropolitan Developmc~ Act of 1966, PL 89-754, as ammded.
Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, inclmting
Executive Order 11738, Administration of the Clean Air Act and the Fedexal Water
Pollution Control Act with Respect to Federal Contracts, Grants or Loans.
(C) SOCIAL LEGggLAT~ON:
Age Diso'iminAtion Act, PL 94-135.
Civil Rights Act of 1964, PL 88-352, as amended, 42 U.S.C. 2000d et seq.
Section 13 of PL 92-500; Prohibition against Sex DiscriminAtlon under the Federal Water
Pollution Control Act.
Executive Order 11246, Equal Employment Opportunity.
Executi~ Order 11625 and 12138, Women's and lVfinority.Business ~.
Section 504 ofthe Rdmbilit~on Act of 1973, PL 93-112 ('including Executive Orders 11914
and 11250), as amended, 29 U.S.C, 794.
(D) MISC~ ]ANGUS AU'rlIOR1TY:
Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 92-646.
Executive Order 12549 and 40 CFR Part 32, Debarment and Suspensiom
Disclosure of Lo~ Activities, Section 1352, Title 31, U.S. Code.
Crrvov WOODSUP.~: R98411: 6/17/96
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QuA~rr~
STATE I~VOt.ViNG FUND
P^oE 22
AR~CLK 11: LOANExEcin'ION
This loan agreemmt is executed between the STATE OF ORF. C~N DEPARTMEKr OF
ENVlRONME~AL QUALrrY (the "DF.Q") and the CITY OF WOODBURN (the "Borrower")
effective as of the da~ indi~ in Section I(E} on page 1.
111
I~3RROWER: CITY OF WOODBURN
Typed Name:
Title:
STATE OF OREGON, )
)
County of )
This instrument was acknowledged before me on
by asthe
Name Title
DEQ: STATE OF OREC~N DEPARTMENT OF ENV~ONMENTAL QUAt.wY
Authorized Officer
Typed Name: l~m~don M~rsh
Title: Director
Date
CITY OF WOODBURN ' R98411 · 6117/96 LOA~ AGREEMENT
OI~GON DEPARTMENT OF ENVIRONMENTAL QUALrrY
STATE REVOLVING FUND
IBORROWER:
SRF LOAN NO.:
LOAN AMOUNT:
Due
Date Pmt~
7/1/98 1
12/31/98 2
711/99 3
12/31/99 4
7/1/00 5
12/31/00 6
7/1/01 7
12/31/01 8
7/1/02 9
12/31/02 10
7/1/03 11
12/31/03 12
7/1/04 13
12/31/04 14
711/05 15
12/31/05 16
7/1/06 17
12/31/06 18
711/07 19
12/31/07 20
711/08 21
12/31108 22
7/1/09 23
12./31/09 24
7/1110 25
12/31110 26
711111 27
12/31111 28
711112 29
12/31112 30
7/1113 31
0.00 78,600.00 60,000.00 138,600.00
69,192.37 78,600.00 20,000.00 167,792.37
70,552.00 77.240.37 0.68 147,792.37
71,638.35 75,684.02 19,301.28 167,093.65
73~351.64 74~440.43 0.00 147~792.37
74,793.30 72,999.07 18,574.83 166,367.20
76,262.99 71,529.38 0.00 147,792.37
77,761.56 70,030.81 17,819.55 165,611.92
79.289.57 68,502.80 0.00 147,792.37
80,847.61 66,944.76 17,034.29 164~826.66
82,436.27 65,356.10 0.00 147,792.37
84,056.14 63,736.23 16.217.87 164,010.24
85,707.84 62,084.53 0.00 147,792.37
87,392.00 60,400.37 15,369.05 163,161.42
89~109.26 58,683.11 0.00 147,792.37
90,860.25 56,932.12 14,486.54 162,278.91
92,645.66 55,146.71 0.00 147,792.37
94,466.14 53,326.23 13,569.01 161,361.38
96,322.40 51,469.97 0.00 147,792.37
98.215.14 49~577.23 12,615.07 160~407.44
100,145.07 47,547.30 0.00 147,792.37
102,112.92 45,679.45 11,623.27 159,415.64
t04,1 t9.44 43,672.93 0.00 147,792.37
106,165.38 41,626.99 10,592..11 156,384.48
108A51.63 39;540.64 0.00 147,792.37
110,378.67 37,413.70 9,520.02 157,312.39
112,547.62 35.244.75 0.00 147,792.37
114,759.18 ' 33,033.19 8,405.39 ~ 156,197.76
117,014.19 30,778.18 0.00 147,792.37
119,313.52 28,478.85 7,246.53 155,038.90
121,658.03 26,1 34.34 0.00 147,792.37
12/31/13 32 124,048.61 23,743.76 6,041.67 153,834.04
7/1/14 33 126,486.17 21,306.20 0.00 147,792.37
12/31114 34 128,971.62 18,820.75 4,788.99 152,581.36
7/1/15 35 131,565.91 16,256.46 0.00 147,792.37
13,702.36 3,486.61 151,278.98
$147,792.3~°J
Principal
Balance
$4,000,000.00
4,000,000.00
3,930,8O7.63
3,860.255.63
3,788,317.28
3,714,965.34
3.64o.17.2.04
3,563,906.05
3,486,147.49
3,406,857.92
3,326,010.31
3,243,574.64
3,159,517.90
3,073,810.06
2,986,418.06
2,897~308.80
2,806,448.55
2,713,802.89
2,619,336.75
2,523,014.35
2,424,799.21
2,324,654.14
2,~'~541.22
2,118,421.78
2,012.256.40
1,904,004.87
1,793,626.20
1,681,078.58
1,566,31 9.40
1,449,305.21
1,329,991.69
1,208,333.68
PAGE 23
111
12/31115 36'
1,064,285.05
957,798.88
828,827.26
697,321.35
563,231.34
7/1116 37
12/31/16 38
7/1/17 39
' 12/31117 40
TOTALS
134,090.01
136,724.87 11,067.50 0.00 147,792.37
139,411.52 8,380.85 2,132.53 149,924.90
. 142,! 50.95 ........... 5,641..42 0.00 147,792.37
144,944.00 2,848.15 724.72 148,516.87
$4,000,000.00 $ 1,642,502.21 $289,549.33 $6,132,051.54
426,506.47
287,094.95
144,944.00
0.00
CITY OF WOODBURN ' R98411 · 6/17/96
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STA~E REVOLVING FUND
PAGE 24
APPENDIX B: RESOLIYrION
[Attach copy of the Resolution approving the loan]
111
CITY OF WOODBURIq ' R98411 ' 6/17/96 LOA~ AGREEMENT
11J
MEMO TO:
THROUGH=
FROM =
DATE =
SUBJECT=
MAYOR AND CITY COUNCIL
City Administrator Childs
Mary Tennant, City Recorder ~
June 13, 1996
Resolutions -- State-Shared Revenues
RECOM~NDATION= Approve the accompanying Council Bills certifying
the City's eligibility to receive state-shared revenues.
BACKGROUND: Annually, the City is required by statute to a~opt
resolutions certifying our eligibility to receive state-shared
revenues and State Revenue Sharing funds. Tax prorations for gas,
liquor, cigarette, and State Revenue Sharing provide a significant
amount of revenue to the City for funding budgetary programs.
COUNCTL B~LL NO. /~,~ ~/
RESOLUTION NO.
A RESOLUTION CERTIFYING THE ELIGIBILITY OFT HE CITY OF WOODBURNTO
RECEIVE STATE-SHARED REVENUES DURING FISCAL YEAR 1996-97.
WWRREAS, Oregon Revised Statutes 221.760 provides that
the officer responsible for disbursing funds to cities under ORS
323.455, 366.785 to 366.820 and 471.805 shall, in the case of a
city located within a county having more than 100,000 habitants
according to the most recent federal decennial census, disburse
such funds only if the city provides four or more of the following
services: (1) Police protection, (2) Fire protection, (3) Street
construction, maintenance, and lighting, (4) Sanitary sewer, (5)
Storm sewers, (6) Planning, zoning, and subdivision control, and
(7) One or more utility services, and
WHEREAS, City officials recognize the desirability.of
assisting the state officer responsible for determining the
eligibility of cities to receive such funds in accordance with ORS
221.760, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn hereby certifies
that it provides the following four or more services enumerated in
ORS 221.760:
(1)
(2)
(3)
(4)
(5)
(6)
Police protection;
Street Construction, Maintenance, and Lighting;
Sanitary Sewers;
Storm Sewers;
Planning, Zoning, and Subdivision Control; and
One Utility Service.
llJ
Approved as to form:
/s/N. Robert Shields
City Attorney
Date
APPROVED
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
7 ~
11K
RESOLUTION NO.
A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE
REVENUES DURING FISCAL YEAR 1996-97.
WHEREAS, Oregon Revised Statutes 221.770 requires the
City to provide documentation to the State of Oregon advising them
of their intention to participate in the State Revenue Sharing
Program, now, therefore,
THE CITY OF WOODBURNRESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 221.770, the City hereby
elects to receive state revenues for fiscal year 1996-97. ."
Approved as to Form:
Is/N. flob t Shields
City Attorney
Date
APPROVED
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST.
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
11L- 11M
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator
NORCOM Office SoacelServices Aqreements
June 18, 1996
RECOMMENDATION: Approve two accompanying
entering into Building Lease and Agreement for
Communications Agency.
Council Bills (resolutions)
Services with NORCOM
BACKGROUND: When NORCOM was created on July 1, 1995, it was agreed that
the agency would begin paying rent on its office space in city hall which had
previously been provided at no charge by the city during the period that NORCOM
was a city-operated function.
It was also agreed that, after the July 1, 1995 date, the city would continue
to provide certain administrative functions to NORCOM, including payroll, some
benefit management services, limited continuing computer access and some computer
maintenance services.
The content of both agreements was thoroughly discussed, agreed upon and
the necessary compensation adequately budgeted by NORCOM. These two docu-
ments formalize the previous understandings and agreements, and are both retroactive
back to the July 1, 1995 inception of NORCOM as an independent agency.
The initial term of the Building Lease is for two years, through June 30, 1997.
Future extensions will then be on an annual basis. The Agreement for Services is for
F.Y. 1995-96 only, the year just now ending, and it is anticipated that a similar
Agreement for 1996-97 will be brought before the Council for approval in the near
future.
cc: NORCOM
11L
COUNCIL BILL NO.
RESOLUTION
A RESOLUTION ENTERING INTO A BUILDING LEASE WITH NORTH MARION
COMMUNICATIONS (NORCOM! AND AUTHORIZING THE MAYOR TO SIGN SAID
AGREEMENT.
WHEREAS, North Marion Communications (NORCOM) is an intergovernmental
entity created by intergovernmental agreement pursuant to ORS 190.010, and
WHEREAS, the City of Woodburn participated in the creation of NORCOM and
is a member agency, and
WHEREAS, the city wants to work cooperatively with NORCOM so that the
members of the Woodburn community can be best served, NOW, THEREFORE,.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Recorder are authorized to execute, on
behalf of the city, a Building Lease with North Marion Communications (NORCOM).
Section 2. That a copy of said Building Lease is attached hereto and, by this
reference, incorporated herein. /
Approved as to form..~ ,~V~/~~~~ ~/[~!
City Attorney Date
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
llL
BUILDING LEASE
This Lease made and entered into this day of , 1996, by and
between the City of Woodburn, an Oregon municipal corporation, herein referred to
as 'Landlord,' and North Marion Communications (NORCOM), an intergovernmental
entity created by intergovernmental agreement pursuant to ORS 190.010, herein
referred to as "Tenant".
WITNESSETH:
In consideration of the rent hereinafter specified and the covenants, terms and
conditions herein, the parties agree as follows:
Landlord owns a building commonly known as 'Woodburn City Hall,'
located at 270 Montgomery Street, Woodburn, Marion County, Oregon
97071. Landlord hereby leases and demises to Tenant, and Tenant
hereby leases from Landlord on the terms and conditions hereinafter set
forth, those premises situated in the basement area of Woodburn City
Hall, currently consisting of approximately 1200 square feet as more
particularly described in the attached drawing which is Exhibit 'A'
hereto.
B. Tenant accepts the Premises as is.
2. TERM
The initial term of this Lease shall be for two years commencing on July 1,
1995, and ending on June 30, 1997. Either party may terminate this Lease
with or without cause and without penalty to either party upon ninety (90)
days written notice.
3. RENT
Tenant shall pay rent of $1,185.00 per month, on or before the first day
of each calendar month. Any rent which has been accrued but has not
been paid shall be paid to Landlord upon the execution of this Lease.
Tenant may prepay all or any portion of the rent. If this Lease is
terminated for any reason, Landlord shall immediately refund to Tenant
any rent paid by Tenant but not yet earned by Landlord.
Page I - Building Lease
11L
%
USE OF PREMISES
Tenant shall use the Premises for the operation of a 9-1-1
emergency/dispatch center and related offices and for no other purpose
without first obtaining the written consent of Landlord.
Tenant shall not use or allow the Premises to be used for 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.
Landlord shall pay for all heat, light, power, and other utilities used in the
above-described premises, excluding telephone services.
TENANT'S REPAIRS AND IMPROVEMENTS
Tenant shall, at Tenant's expense during the term of the Lease, maintain and
keep the Premises in good order, including all interior and exterior doors,
replace all cracked or broken glass windows and doors of the Premises; repair
all holes in the interior surface of the walls and floor of the premises caused by
Tenant's act or omission; and repair any damage to portions of the building
outside the Premises which is caused by Tenant's act or omission. Tenant
further agrees to make no alterations, additions or improvements to or upon the
Premises without obtaining the prior written approval of Landlord. Landlord
shall not unreasonably withhold such approval.
LANDLORD'S MAINTENANCE OF PREMISES.
Landlord agrees to maintain during the term of this Lease the exterior
walls, roof, and foundation of the building in which Premises are situated
and the paved parking areas, paved street access, and to maintain in
good order and repair the heating, interior wiring, exterior and interior
plumbing and drain pipes to sewers or septic tanks.
Tenant shall permit Landlord to use and maintain pipes, ducts and
conduits in and through the Premises, and to erect the same, provided
that Tenant's usable space is not unreasonably diminished and Tenant's
use and enjoyment of the Premises is not unreasonably interfered with
and that Landlord shall repair end refinish the affected areas after each
such use by Landlord causing any damage thereto.
Page 2 - Building Lease
11L
J
10.
Landlord or Landlord's agents shall have the right to enter the Premises,
upon reasonable written notice, except in cases of emergency, when no
notice shall be required, to examine the same and to make alterations,
improvements, repairs or additions as are required, provided Tenant's use
and enjoyment of the Premises is not unreasonably interfered with and
that Landlord shall repair and refinish the affected areas and Landlord
shall be allowed to take all materials into and upon the Premises as may
be required for any such purposes without the same constituting an
eviction of Tenant, in whole or in part. However, in the event that
Tenant's business is unreasonably interfered with, Tenant may at its
option, recover through reduction, offset, deduction or abatement the
pro rata portion of monthly rent paid for the period directly associated
with the period that Tenant is unable to conduct its normal business
operations. '
Landlord shall furnish at Landlord's sole expense daily janitorial services
each weekday and all janitorial supplies, required to maintain the
Premises in a neat, clean and sanitary condition for the operation of
Tenant's business. In the event Tenant wishes to assume the
responsibility and the expense of providing janitorial services and
supplies to the premises, it may do so and shall receive a $265.00
reduction in monthly rent, upon the giving of thirty (30) days written
notice to Landlord.
Tenant shall be responsible for the direct costs of all damages to the
facilities/properties associated with Tenant's programs and activities, not
including normal wear and tear.
L~ENSo
Tenant shall not, by reason of Tenant's acts or omission, allow any lien of any
kind, type or description to be placed or imposed upon the Premises, or any
part thereof, or the real estate on which it stands.
Indemnity.
The Tenant shall indemnify the Landlord against any expense, loss, or liability
paid, suffered, or incurred as the result of any breach of the Tenant, Tenant's
agents, servants, employees, customers, visitors, or licensees, of any covenant
or condition of this Lease or as the result of Tenant's improvements, use or
occupancy of the Premises, or any careless, negligent, or improper acts or
omissions of the Tenant, Tenant's agents, servants, employees, customers,
Page 3 - Building Lease
11L
11.
visitors, or licensees. The Tenant's liability under this Lease extends to the
acts and omissions of any sublessee or operator, and any agent, servant,
customer, employee, visitor, or licensee of any sublessee or operator.
Nothing in this Lease shall cause Landlord in any way to be construed as
partner, joint venturer, or associated in any way with the Tenant in the
operation of said Premises, or subject Landlord to any obligation, loss, charge,
or expense connected with or arising from the operation or use of said Premises
or any part thereof.
LIABILITY INSURANCE.
Tenant shall procure and maintain in force, at its expense, during the term of
this Lease public liability insurance with insurers and through brokers approved
by Landlord. Such coverage shall be adequate to protect against liability for all
damage claims through public use of or arising out of accidents occurring in or
around the premises and such liability insurance shall be provided in an amount
at least equal to the liability limit for public bodies provided under the Oregon
Tort Claims Act (ORS 30.260, et s~,.g.), as amended from time to time.
12. FIXTURES
All partitions, plumbing, electrical wiring, and additions to or improvements
upon said Premises, whether installed by Landlord or Tenant, shall be and
become a part of the building as soon as installed and the property of Landlord,
provided that Tenant may elect to remove any or all movable partitions paid for
or otherwise owned by Tenant. All fixtures placed in or upon the Premises
during the term of this Lease, other than Tenant's business fixtures, shall at
Landlord's option, become the property of Landlord, with the exception of
those fixtures where proprietary title is vested in either the federal, state or
county government. Tenant shall have the right to remove any furniture,
movable personal property and business fixtures used by Tenant in the conduct
of business on the premises prior to the expiration or termination of this Lease.
13. DAMAGE BY FIRE OR CASUALTY.
In the event of the destruction of the building in which said leased Premises are
located by fire or other casualty, either party hereto may terminate this Lease
as of the date of said fire or casualty, provided, however, that in the event of
damage to said building by fire or other casualty to the extent of sixty (60)
percent or more of the sound value of said building, the Landlord may or may
not elect to repair said building; written notice of said election shall be given to
Tenant within fifteen (15) calendar days after the occurrence of said damage;
if said notice is not so given, Landlord conclusively shall be deemed to have
Page 4 - Building Lease
11L
elected not to repair; in the event Landlord elects not to repair said building,
then and in that event this Lease shall terminate with the date of said damage;
but if the building in which said leased Premises are located be but partially
destroyed and the damage so occasioned shall not amount to the extent
indicated above, or if greater than said extent and Landlord elects to repair, as
aforesaid, then Landlord shall repair said building with all convenient speed and
shall have the right to take possession and occupy, the exclusion of Tenant, all
or any part of said building in order to make the necessary repairs, and Tenant
hereby agrees to vacate upon request, all or any part of said building in order
to make the necessary repairs, and for the period of time between the day of
such damage and until such repairs have been substantially completed, there
shall be such an abatement of rent as the nature of the injury or damage and
its interference with the occupancy of said leased Premises by said Tenant shall
warrant, and if the period of time should exceed ninety (90) days, then Tenant
may elect to terminate this Lease with written notice to Landlord, effective on
the date of damage; however, if the Premises be but slightly injured and .the
damage so occasioned shall not cause any material interference with the
occupation of the Premises by Tenant, then there shall be no abatement of rent
and Landlord shall repair said damage with all convenient speed.
14. WAIVER OF SUBROGATION.
Neither Landlord nor Tenant shall be liable to the other for loss arising out of
damage to or destruction of the leased Premises, or the building or
improvements of which the leased Premises are a part or with which they are
connected, or the contents of any thereof, 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 Landlord or Tenant or by any
of their respective agents, servants or employees. It is the intention and
agreement of Landlord and Tenant that the rent reserved by this Lease has
been fixed in contemplation that each party shall fully provide its own insurance
protection at its own expense, and that each party shall look to its respective
insurance carrier for reimbursement of any such loss, and further, that the
insurance carriers involved shall not be entitled to subrogation under any
circumstances against any party to this Lease. Neither Landlord nor Tenant
shall have any interest or claim in the other's insurance policy or policies, or the
proceeds thereof, unless specifically covered therein as an also-named insured.
Page § - Building Lease
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15.
SURRENDER AT EXPIRATION.
At the expiration of said term or upon any sooner termination thereof, Tenant
will quit and deliver up said leased Premises and all future erections or additions
to or upon the same, broom-clean, 'to Landlord or those having Landlord's
estate in the Premises, peaceably, quietly, and in as good order and condition,
reasonable use and wear thereof, damage by fire, unavoidable casualty and the
elements alone excepted, as the same are now in or hereinafter may be put in
by Landlord.
16. DEFAULTS BY TENANT
17.
Each of the following shall be deemed a default by Tenant and a breach of this
Lease. ~
Nonpayment of the whole or any portion of the rents he.rein
reserved, or any other sum or sums of money due to Landlord
from Tenant under the provisions hereof as and when due.
Nonperformance by Tenant of any other covenant or condition
herein contained on the part of Tenant to be kept and performed.
C. Abandonment of the Premises by Tenant.
The adjudication of Tenant as bankrupt, the making by Tenant of
a general assignment for the benefit of creditors, the taking by
Tenant of the benefit of any insolvency act or law, receiver or
trustee in bankruptcy.
Within thirty (30) days after written notice from Landlord demanding
performance by Tenant with respect to any such default. Landlord may declare
a forfeiture of this Lease and reenter upon the premises and remove all persons
therefrom, and in addition or in lieu thereof, Landlord may, at its option, pursue
any other remedy provided by law or in equity for the enforcement of the
Landlord's rights under the provisions of this Lease.
WAIVER
No waiver by either party of any breach of any of the covenants or conditions
herein contained to be performed by the other party shall be construed as a
waiver of any succeeding breach of the same or any other covenant or
condition.
Page 6 - Building Lease
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18.
19.
ASSIGNMENT. SUBLEASE OR LICENSE
Tenant shall not assign or sublease the Premises or any right or privilege
connected therewith, or allow any other person except agents and employees
of Tenant to occupy the Premises or any part thereof without first obtaining the
written consent of Landlord. A consent by Landlord shall not be consent for
a subsequent assignment, sublease, or occupation by other persons. An
unauthorized assignment, sublease or license to occupy by Tenant shall be void
and shall terminate the Lease at the option of Landlord.
HOLDING OVER.
In the event Tenant for any reason shall hold over after the expiration of .this
Lease, such holding over shall not be deemed to operate as a renewal or
extension of this Lease, but shall only create a tenancy from month to month
which may be terminated at will at any time by Landlord.
20.
NOTICE.
All notices required by the terms of this Lease to be given by one party to the
other, shall be sufficient if in writing contained in a sealed envelope, hand
delivered to the other party or deposited in the U.S. mail, postage prepaid and,
if intended for Landlord herein, then addressed to City Administrator, City of
Woodburn, 270 Montgomery Street, Woodbum, Oregon 97071, and if intended
for Tenant, then addressed to NORCOM Director, 270 Montgomery Street,
Woodburn, Oregon 97071
21. LEASE RENEWAL
Provided that Tenant is not in default under this Lease during the original term
or any extension of this Lease, the parties shall have the option to extend this
Lease for additional terms of one (1) year by Tenant providing City with ninety
(90) days' prior written notice prior 'to completion of the Lease term. The
extended term shall be on the same terms and conditions of this Lease except
for the provisions regarding basic monthly rent. City shall have thirty (30) days
after its receipt of Tenant's notice of extension to provide to Tenant a notice
of its proposed increase in monthly rent. In the event Tenant agrees to said
increase, the Lease shall be renewed for another one year term. In the event
Tenant does not agree to said increase, this Lease shall terminate.
Page 7 - Building Lease
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22. AM~.
This Lease may be amended only upon written agreement signed by Landlord
and Tenant, which shall be attached to this Lease as an addendum.
In constructing this Agreement, it is understood that Landlord end Tenant may be
more than one person; that if the context so requires, the singular pronoun shall be
taken to mean and include the plural, the masculine, the feminine and the neuter, and
that generally, all grammatical changes shall be made assumed and implied to make
the provisions hereof apply equally to corporations and to individuals.
IN WITNESS WHEREOF, the respective parties have executed this instrument
in duplicate on the day of ,1996.
LANDLORD:
TENANT:
By: By:.
NANCY A. KIRKSEY, MAYOR
MARY TENNANT, CITY RECORDER
Approved as to form:
By:.
Attorney for Landlord,
N. ROBERT SHIELDS
City Attorney
Approved as to form:
By:
Attorney for Tenant
Page 8 - Building Lease
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EXHIBIT"A" 11L
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11M
COUNCIL BILL NO. i'7.,~1
RESOLUTION
A RESOLUTION ENTERING INTO AN AGREEMENT FOR SERVICES WITH NORTH
MARION COMMUNICATIONS (NORCOM) AND AUTHORIZING THE MAYOR TO SIGN
SAID AGREEMENT.
WHEREAS, North Marion Communications (NORCOM) is an intergovernmental
entity created by intergovernmental agreement pursuant to ORS 190.010, and
WHEREAS, the City of Woodburn. participated in the creation of NORCOM and
is a member agency, and
WHEREAS, the city wants to work cooperatively with NORCOM so that the
members of the Woodburn community can be best served, NOW, THEREFORE,.
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Recorder are authorized to execute, on
behalf of the city, an Agreement for Services with North Marion Communications
(NORCOM).
Section 2. That a copy of said Agreement for Services is attached hereto and,
City Attorney Date
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST'
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
11M
AGREEMENT FOR SERVICES
,0
This Agreement, made and entered into this ~ day of ,1996,
by and between the City of Woodburn, an Oregon municipal corporation, herein
referred to as "City', and North Marion Communications (NORCOM), an agency
created pursuant to intergovernmental agreement, herein referred to as
"NORCOM".
The parties intend to cooperate so that some of the payroll and data proces;ing
services performed for NORCOM by City prior to its formation on July 1, 1995
will continue to be performed by City on a contractual basis with NORCOM.
TERM·
The term of this Agreement shall be for one year commencing on July 1, 1995
and ending on June 30, 1996. This Agreement may then be renewed by
mutual agreement of the parties for subsequent one year periods. Either party
may terminate this agreement for any reason by giving the other party thirty
(30) days prior written notice.
RESPONSIBILITIES OF CITY.
A. Payroll Services:
City agrees to provide payroll services for NORCOM which include
processing employee payroll information, payroll checks and year-end
W-2 statements, computer generated reports, and administration of the
health insurance and retirement programs.
B. Data Processing Services:
City agrees to provide NORCOM limited on-site data processing support
services. City reserves the right to schedule such services based on
City's operational requirements.
Page I - Agreement for Services
11M
Be
Se
RESPONSIBILITIES OF NORCOM.
Ae
For the term of the Agreement, NORCOM agrees to pay City $55.00 per
month for the payroll services outlined above. Costs incurred by
NORCOM relating to its retirement program subgroup, including but not
limited to, annual actuarial reports, benefit calculations, benefit booklets,
plan updates, and other miscellaneous actuarial services shall be paid
solely by NORCOM.
B. For the term of the Agreement, NORCOM agrees to pay City $30.00 per
hour, calculated to the nearest quarter hour, for data processing services
actually utilized.
NON-LIABILITY OF CITY
City shall perform its responsibilities under this Agreement in good faith .but
shall, in no instance, be liable to NORCOM for its performance of any services
provided hereunder. City shall not be liable for any incidental, special, or
consequential damages of any nature whatsoever, such as, but not limited to,
loss of anticipated profits or other economic loss in connection with, or arising
out of the existence of, the furnishing, functioning, or customer's use of any
item of equipment or services provided for in this Agreement, or for specific
performance.
City shall invoice NORCOM quarterly for all services provided under this
Agreement during the preceeding quarter.
All notices required by or related to this Agreement shall be deemed to have
been properly given when delivered personally or sent by mail, postage prepaid,
at their respective addresses set forth below, or at such address as may be
furnished by either party to the other in writing:
City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
NORCOM Director
270 Montgomery Street
Woodburn, Oregon 97071
Page 2 - Agreement for Services
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10.
AMENDMENT.
This Agreement may be amended only upon written agreement signed by the
parties, which shall then be attached to this Agreement as an addendum.
SEVERABILITY.
If any provision or part of this Agreement shall be declared illegal, void, or
unenforceable, the remaining provisions shall continue in full force and effect.
CITY OF WOODBURN:
NORCOM
By:
By:
NANCY A. KIRKSEY, MAYOR
MARY TENNANT, CITY RECORDER
Date:
By:
Date:
Approved as to form:
By:
Attorney for City
N. ROBERT SHIELDS
City Attorney
Approved as to form
By:.
Attorney for NORCOM
Page 3 - Agreement for Services
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TO:
MEMO
Mayor and City Council
FROM: Chris Childs, City Administrator
City Attomev Contract Renewal
June 12, 1996
SUBJ.:
DATE:
RECOMMENDATION: Approve accompanying Resolution Authorizing Contractual
Services Agreement with N. Robert Shields as City Attorney.
BACKGROUND: This is a one-year renewal of the existing agreement with Mr.
Shields. The amount of compensation remains at $ 50 per billable hour, as established
one year ago. We are adequately budgeted in Fiscal Year 1996-97 for the anticipated
number of hours during the course of the year, which is also the same as last year.
There are no text changes to the agreement proposed.
Mr. Shields continues to perform very thorough and professional work for the
City of Woodburn at a very reasonable rate. Given the growth of the city and the
unprecedented volume of issues to be continually dealt with, it is a challenging task
to perform the duties of City Attorney on the part-time basis that presently exists.
Mr. Shields continues to meet this challenge.
llN
MEMO
TO:
FROM:
MAYOR AND CITY COUNCIL
N. ROBERT SHIELDS, CITY ATTORNEY
SUBJECT:
RENEWAL OF EMPLOYMENT CONTRACT
DATE:
JUNE 11, 1995
Before you, for consideration, is the issue of renewal of my employment contract.
Since I have a direct financial interest in this matter, I must declare a conflict of
interest and can not give you legal advice.
The number of hours worked per week and a sharing of overhead expenses enables
me to represent the city at less than half of my normal hourly rate. This arrangement
has proven workable and mutually beneficial.
llN
COUNCIL BILL NO. 1'~3 ;~
RESOLUTION NO.
A RESOLUTION AUTHORIZING A CONTRACTUAL SERVICES AGREEMENT WITH N.
ROBERT SHIELDS AS CITY A'FFORNEY AND REPEALING RESOLUTION 1307.
WHEREAS, Chapter III, Section 10 of the City Charter provides for the Council
appointment of a City Attorney as an officer of the City, and
WHEREAS, the interest of the CitY is best served by contractual appointment
of City Attorney services for an extended term; and
WHEREAS, N. Robert Shields has held the position Woodburn City Attorney as
a regular employee and currently serves by contractual appointment per Resolution.~
1307; and
WHEREAS, N. Robert Shields is imminently qualified and familiar with the city's
operations and pending litigation to provide this continuation of City Attorney services
in the most effective manner; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Administrator are authorized to execute a
professional services agreement for City Attorney, a copy of which is attached hereto
for reference.
Section 2. That N. Robert Shields be reaffirmed in his appointment as City
Attorney with all powers and duties prescribed in Section 24 of the City Charter and
any other requirements prescribed by laws of the State of Oregon.
Section 3. That Resolution 1307 be repealed.
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
APPROVED:
NANCY KIRKSEY, MAYOR
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
11N
AGREEMENT
I. PARTIES
This agreement made and entered into between the CITY OF WOODBURN, a
municipal corporation of the State of Oregon, hereinafter "CITY' and N. ROBERT
SHIELDS, an attorney licensed to practice law in the State of Oregon, hereinafter
"CONTRACTOR".
II. TERM
The Agreement shall commence on July 1, 1996 and shall continue in full force
and effect until June 30, 1997. This Agreement may then be renewed by mutual
agreement of the parties for one-year periods.
III. PROFESSIONAL SERVICES TO' BE PERFORMED
CONTRACTOR shall act as City Attorney and shall assume all powers and
duties of this position under CITY'S Charter.
IV. COMPENSATION
CONTRACTOR shall receive compensation for providing legal services at a rate
of fifty dollars ($50.00) per billable hour. The amount of legal services provided shall
not exceed twenty-six (26) billable hours per week without additional authorization
by CITY. This does not include any legal services provided as CITY'S "forfeiture
counsel" pursuant to 1989 Oregon Laws, Chapter 791. CONTRACTOR shall within
ten (10) days following the close of the month for which payment is sought, submit
to CITY a written statement accounting for legal services rendered and detailing the
number of hours worked in one-quarter hour increments.
v.
CITY will provide all necessary secretarial support and related overhead
expenses to enable CONTRACTOR to render legal services to CITY. While on CITY'S
premises, CITY shall provide a telephOne and office space to CONTRACTOR.
VI. COSTS AND DISBURSEMENTS
CITY and CONTRACTOR agree that the compensation under this agreement is
for legal services provided. Any filing fees, costs, or expenses of litigation shall be
paid by CITY.
VII. TERMINATION
Either party may terminate this agreement upon 90 days written notice to the
other party. CITY also retains the right to discharge CONTRACTOR if sufficient funds
are not available to pay CONTRACTOR and this non-appropriation of funds did not
result from any act or failure to act on the part of CITY.
Page I - Agreement
11N
VIII. INDEPENDENT CONTRACTOR
The parties intend that independent contractor-employer relationship be created
by this contract. CITY is interested only in the results to be achieved and the control
of the work lies solely with CONTRACTOR. CONTRACTOR is not entitled to any
benefits which CITY provides to its employees.
IX. ~,SSIGNMENT
The rights and duties of the parties hereunder are personal and. shall not be
assignable by either party without the express written consent of the other party.
X. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and
supersedes all prior agreements between the parties concerning the services provided
herein. This agreement may be modified only by a written instrument duly executed
by each of the parties. '
Xl. I~SCAPE NOTICES
Any notice, request, demand or other communication hereunder shall bl in
writing and shall be deemed to have been properly given when delivered personally
or sent by mail with all postage to the parties hereto at the respective address below:
Chris Childs
City Administrator
270 Montgomery Street
Woodburn, Oregon 97071
N. Robert Shields
Attorney at Law
10250 S.W. Greenburg Rd., Suite 102
Portland, Oregon 97223
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate,
on the ~ day of ,1996.
CONTRACTOR:
CITY OF WOODBURN
N. Robert Shields
Chris Childs
City Administrator
Nancy A. Kirksey, Mayor
Page 2 - Agreement
110
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator ~f~
Facility_ *Use Agreement - Salem Senior Center
June 11, 1996
RECOMMENDATION: Approve accompanying Council Bill (Resolution) entering into
agreement for use of off'~e space in Salem Senior Center by RSVP program.
BACKGROUND: For a number of years a small office in the Salem Senior Ceoter
has been provided to the Marion County RSVP Program, which is administered by the
City of Woodburn, for use as a satellite center. From this office, volunteer worksites
and placements in the Salem area can be monitored and supported, and Program
materials stored.
This agreement will be in force for one year, expiring June 30, 1997. You may
recall that similar annual agreements have been entered into for this purpose, the last
one being on July 10, 1995 for the fiscal year just now ending.
Staff recommends approval of this Resolution/Agreement.
110
COUNCIL BILL NO. I
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF SALEM FOR
USE OF THE SALEM SENIOR CENTER BY THE RETIRED SENIOR VOLUNTEER
PROGRAM.
WHEREAS, the city of Salem operates the Salem Senior Center; and
WHEREAS, the city of Woodburn administers the Retired Senior Volunteer
Program (RSVP) through the Federal Action Program; and
WHEREAS, the city of Salem has agreed to use of the Salem Senior Center for
RSVP activities, pursuant to the terms of a written agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the city of Woodburn enter into an agreement with the city of
Salem for the use of the Salem Senior Center for RSVP program activities, a copy of
said agreement which is attached hereto and, by this reference, incorporated herein.
Section 2. That the Mayor and RSVP Director are authorized to sign said
agreement on behalf of the city of Woodburn.
City Attorney
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
A'I-I'EST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Date
NANCY A. KIRKSEY, MAYOR
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
SALEM SENIOR CENTER USE AGREEMENT
110
This Agreement is made between the City of Salem, an Oregon Municipal
Corporation (CITY) and the City of Woodburn, an Oregon Municipal Corporation (USER).
WHEREAS, the Retired and Senior Volunteer Program (RSVP) is to provide
meaningful participation in their communities to the retired population through outreach
to the community by placing seniors in nonprofit, nursing, governmental facilities, or
other community agencies as volunteers, and
WHEREAS, volunteer opportunities for seniors in Salem, Oregon, include but are
not limited to: The State Capitol, Marion County and City of Salem offices, Salem
Hospital, Life Line, Arts Commission, Migrant Workers Project, Golden Clowns, Knitters
Circle, Boys & Girls Club, Salem/Keizer Schools, nursing and care homes, Literacy
Council, Mano a Mano, Salem Outreach Shelter, Women's Crisis Services, now therefor
IN CONSIDERATION of the mutual obligations and benefits herein set forth, the parties
agree as follows:
CITY OBLIGATIONS
1.1
CITY shall provide Room 24 in its Salem Senior Center for the RSVP and
space for activities up to 20 hours. When Room 24 is not in use for the
RSVP, the Senior Center may schedule it for other uses, e. g., tax and
personal counseling. USER is entitled to use the Classroom or Auditorium
when space is requested by USER, and can be accommodated in the
Senior Center's Facility Use Schedule. USER may use the photocopy
machine.
1.2
CITY shall alloW the use of facilities and equipment at the Salem Senior
Center for the uses specified in Section 1.1. Such use is subject to all
generally applicable policies and procedures that the CITY may adopt and
amend from time to time.
1.3
CITY shall provide building supervision during the hours of RSVP use of
the Salem Senior facility. "Building supervision" means opening and
closing the building, turning on and off lighting and HVAC systems, and
providing access to special equipment approved for RSVP's use. CITY's
staff shall have no obligation to supervise the conduct of the RSVP
Coordinator or volunteer participants in the program. Such staff may take
any actions they deem appropriate to prevent misuse of or damage to the
City's property. They may also act to stop conduct that violates any law,
ordinance, or established Salem Senior Center use and conduct policies.
ssct~vp9697, ag*
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1.4
1.5
1.6
1.7
1.8
1.9
1.10
CITY shall schedule the Salem Senior Center and coordinate programs
and uses at the facility. CITY's staff shall perform this obligation using
their sole discretion within the framework of the annually approved Facility
Use Schedule. CITY's goal is to assure access to and use of the Salem
Senior Center by the broadest possible range of groups, activities, and
interests to serve Salem's senior community. No single group or
organization shall be given any preferred or preemptive status in
scheduling use of the Salem Senior Center facilities, equipment and space.
CITY shall assure USER timely, periodic opportunity for communicating
complaints, requests, suggestions, and comments relating to the Salem
Senior Center and its operation.
CITY shall provide at no cost, limited access to a telephone for local and
toll-free calls by USER's staff for purposes related to RSVP and acti,Vities
under this Agreement. CITY is not obligated to provide toll call access.
A CITY staff person shall serve as a liaison to RSVP to assist in
coordinating and facilitating RSVP's use of the Center and minimize conflict
with other Center users.
CITY shall provide USER timely information about Senior Center policies
and operations that affect RSVP's activities at the Salem Senior Center.
CITY shall publicize RSVP activities where appropriate in the sole
discretion of CITY's Senior Center Director.
CITY may provide co-sponsorship, partial funding, or both for certain
special activities at the Salem Senior Center as may be separately agreed
upon between the parties. Availability of City funds depends on budget
authorization. Planning for such events' must start enough before the
CITY's budget review process to allow their consideration.
110
a
RSVP
2.1
2.2
2.3
OBLIGATIONS
All USER activities shall be open to all persons age 55 and older
regardless of the person's race, gender, ethnic background, national origin,
or disability.
USER shall be solely responsible for recruiting and, if necessary, providing
mileage compensation for persons to carry out all of its activities.
USER, its officers, directors, staff, and volunteers will cooperate fully with
the CITY officers and staff of the Salem Senior Center. USER will follow
all rules, regulations, and policies established for the Salem Senior Center.
USER will assure that its representatives and patrons follow such policies
in activities, programs, and meetings conducted or sponsored by RSVP.
$$cVsvp969 7. ag r
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2.4
2.5
2.6
2.7
USER shall be solely responsible for obtaining all required licenses,
permits, and registrations necessary for the lawful conduct of its affairs,
programs, events, and activities.
Should USER require special equipment or fixtures that would also benefit
and be shared by CITY, the parties shall, by separate agreement, provide
for acquisition, reimbursement, and ownership of such.
USER will provide information regarding RSVP for publication in Salem
Senior Center Update newsletter as space is available.
USER agrees to co-sponsor the annual Volunteer Recognition with a
contribution of $400 annually.
110
INSURANCE AND INDEMNITY
3.1
USER provides for supplemental car insurance for those RSVP members
who maintain their own insurance and are in the process of using a
personal car in the delivery of RSVP duty.
3.2
USER agrees to indemnify the City of Salem, its officers, employees, and
agents from all claims, demands, suits and legal actions including appeals
arising out of or in connection with RSVP's activities under this Agreement.
3.3 "Indemnify," as used herein, means to indemnify, defend, and save
harmless.
MISCELLANEOUS
4.1
This Agreement represents the complete understanding of the parties
concerning the subject matter hereof. All pdor agreement, representations,
and negotiations, written 'and oral, relating to the subject matter of this
Agreement are hereby repudiated and set aside.
4.2
This Agreement may be amended only by written instrument executed with
the same formalities as the Agreement itself.
4.3
In the event any term of this Agreement shall be held invalid or
unenforceable, the parties declare that any such holding would not affect
their willingness to enter into all other terms hereof, and such holding shall
not affect the validity and enforceability of the remainder of this Agreement.
4.4
Failure of either party to object to an event of default, breach, or
inadequate performance by the other shall not constitute a waiver of the
offended party's right to object to future events, whether of the same or
different nature. No provision of this Agreement shall be held waived or
modified by a party's past failure to assert its rights to full and faithful
performance.
ssc~vp969 7. agr
4.5
4.6
This Agreement shall take effect as of July 1, 1996 through June 30, 1997
unless sooner terminated as provided in Section 4.6.
Notwithstanding Section 4.5, either party may terminate this Agreement:
4.6.1
In the event of a continuing matedal breach by the other, provided
that the offended party has given the other not less than 30 days
written notice to cure the breach and the other party does not
effectively cure the breach within that time. The remedy of
termination as provided herein shall be in addition to and not in lieu
of any other remedy available at law or equity.
4.6.2 Without cause by giving not less than 30 days prior written notice.
110
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their
respective names by their duly authorized representatives as of the dates set forth
below.
CITY OF SALEM, OREGON CITY OF WOODBURN,-OREGON
By:. .By:,
Date:
City of Salem, City Manager
Date:
Mayor
Approved as to form:
City Attomey
Date:
RSVP Coordinator
Marion County RSVP
ssc~vp969 7. agr
11P
MEMO TO:
MAYOR AND CITY COUNCIL
THROUGH:
FROM :
CITY ADMINISTRATOR CHILDS
DATE :
JUNE 20, 1996
SUBJECT:
INSURANCE COVERAGES FOR FISCAL YEAR 1996-97
RECOMMENDATION: Council authorize, by motion, the continuation of
the coverages through City/County Insurance Services (CIS) for
general liability/auto physical damage and workers' compensation
insurance; and Zurich Insurance for property insurance, exclusive
of flood damage, effective July 1, 1996.
BACKGR__~.' Insurance quotes were solicited by our Insurance Agent
of Record, Chuck Huggins (Huggins Insurance), and the results of
those quotes are summarized below:
Gener&l Liability/Auto Physical Damage -- Quotes were received from
CIS ($72,851) and Northland Casualty ($69,889). Even though the
annual premium is $2,962 more through CIS, the coverage is broader
and will provide the City with greater financial protection. It
should also be noted that the City has been receiving annual cash
dividends through CIS over the past few years. We recently
received a check from CIS in the amount of $23,205.40 which
provided for a disbursement of dividends for the periods of 1988-
89, 1989-90, and 1990-91.
Workers' Compensation Insurance -- Our current coverage is
underwritten by CIS who has been our workers' compensation carrier
for many years. Even though estimated annual payroll has
increased, this year's annual premium has decreased by
approximately $8,000 which is a combination of low accident rate
(experience modification rate changed from .98 to .88) and a slight
decrease in some of the pure rates for individual classifications.
In addition, we recently received a dividend check from CIS in the
amount of $35,076.82 which provided for a disbursement of dividends
for the periods of 1988-89, 1989-90, and 1990-91.
Property Insurance -- Quotes were received from 3 vendors all
providing similar deductibles for property loss but varied greatly
in the deductible for earthquake coverage. As a reminder, the City
is required to carry earthquake insurance on all property that was
damaged by the 1993 earthquake since we had received FEMA funds.
Of the 3 quotes, only two companies (CIS and Zurich) provided
earthquake insurance as part of their coverage. Chubb Insurance
did not include earthquake insurance, therefore, we would have to
purchase a separate earthquake insurance policy to meet FEMA
requirements. Chuck Huggins stated that he has just been able to
locate an insurance company willing to write a separate policy but
it will be closer to July before a quote can be obtained. Even if
a minimum quote of $6,000 is obtained, it will still be in excess
of the premiums quoted by CIS or Zurich (excludes flood damage
coverage).
llP
Page 2 - Insurance Memo
June 20, 1996
The CIS property coverage ($31,291) provides a $10 million maximum
in earthquake coverage, however, their deductible is 5% of total
property values (approximately $1,384,339 for 1996-97) rather than
5% for building and/or content loss. This deductible is
excessively high and we are not in any such financial position to
absorb such a high deductible at this time. Even if we did have a
major catastrophic loss and a disaster is declared, we would be
able to apply for FEMA funds which would reimburse us for up to 75%
of our loss. It should be noted that the City does have a credit
available through CIS for dividends received in prior years which
amount to $8,145.77. CIS policy provides that a credit will remain
on their books for no more than 3 years after which time it rev~ts
back to the CIS Trust if it is not used by the City. Of the total
outstanding credit due to the City, we will need to use $5,068.48
by March 18, 1997 otherwise it will revert back to the CIS Trust.
Zurich Insurance quoted the City $33,582 which includes $3.5
million earthquake coverage with a 5% deductible for building
and/or content loss. The quote also contained flood coverage which
can be eliminated saving the City $4,460 and resulting in a net
annual premium cost of $29,122. It should be noted that after the
February flood, the City experienced no major property loss. A
claim has been submitted for damaged manholes, however, it is still
being reviewed as to whether or not our current policy will cover
any of the damage since the damage must occur within 1,000 feet of
the covered property. It should be noted that we have applied for
FEMA funds to cover up to 75% of the flood damage that is not
covered by the insurance. In discussing the flood insurance
coverage with Mr. Huggins, it is in his opinion that the City does
not need this particular coverage at this time since our covered
property is located outside of the flood areas.
In summary, Mr. Huggins has recommended that the City continue with
our current coverages and we solicit for new property insurance
quotes later this year. A separate earthquake policy, in
conjunction with an updated property insurance quote from CIS, may
result in a mid-year change of coverage in order for the City to
take advantage of the $5,068.48 credit on file with CIS.
ADDENDUH FRO~ CITY ADHZNISTRATOR (6/20/96)
I have reviewed the preceding recmmendations made byour City Recorder and
insurance Agent of Record concerning the various areas of insurance coverage
for Fiscal Year 1996-97. As a matter of reasonab)eness and good business, !
concur with their recmmendation.
As in past years, however, I am declaring that I have a potential conflict of
interest regarding this issue, in that my wife is an employee of City County
Insurance Services, one of the vendors that is being considered for our
insurance needs.
11Q
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator
OEDD Grant/Loan An_ _olication
June 17, 1996
RECOMMENDATION: Authorize, by motion, staff to make application to Orbgon
Economic Development Department for combination grent/Ioan to construct westerly
extension of So. Woodland Avenue.
BACKGROUND: One of the key terms of the proposed Waremart Development
Agreement, which the Council will be considering as a separate agenda item during
this meeting, is an application to the Oregon Economic Development Department
(OEDD) for a grant/loan combination to construct a western extension from the
existing Woodland Avenue south of State Highway 219. This street will serve as the
primary access to Waremart's employee parking area.
The application to be made will tentatively be based on a $450,000 grant and
$450,000 loan. This package, based on jobs that will be created by virtue of
Waremart's development of its corporate distribution center, has already received a
tentative commitment from OEDD (refer to attached 5/30/96 letter from Betty
Pongracz, OEDD).
Repayment of the loan portion of the OEDD package will be shared equally by
Waremart and the City of Woodburn. Staff believes City participation in this project
is justified due to the unusual depth of the sanitary sewer line which will be included
as part of the project. The line will extend the existing sewer main, built in
conjunction with the HWI development, served by the City's I-5 pump station. This
will allow for continued extension of this sewer line to eventually loop into the West
Woodburn residential area, thus reducing the possibility of any potential spills into
Senecal Creek from existing lift pumps in the area. This is environmentally sound
planning that may also afford some capacity for future growth as well. Construction
of the street portion of the Woodland extension also helps the City, as the SW
industrial area develops fully, to preserve options in regard to future I-5 interchange
development or expansion.
The City's share of debt service on the loan portion of the OEDD package is
estimated at approximately $22,000 per year. Staff recommends that scheduled
11Q
Page 2 - OEDD Grant/Loan Application (6117/96)
repayment be made through some combination of State Revenue Sharing funds and
Transient Lodging (Hotel/Motel) Tax proceeds. Precedent for use of State Revenue
Sharing funds for this type of program has already been established in connection
with the repayment of a similar state loan connected with the HWl development in
1991.
The Woodburn Area Chamber of Commerce recently pointed out to the Council
that business promotion is a logical and appropriate use of Hotel/Motel Tax proceeds.
There is perhaps no better method of business recruitment than to use some of these
funds in assisting a regional company, such as Waremart, to locate in the comm(]nity
with an environmentally compatible development, creating new jobs, strengthening
the business community and adding significantly ($40 Million at full buildout) to .the
City's tax base.
Final details of a loan repayment package will be worked out through the
budgetary process, with the initial payment likely due in Fiscal Year 1997-98. Limited
use of Hotel/Motel Tax proceeds for this purpose should not significantly impact
existing General Fund programs due to added revenues anticipated when the Super
8 Motel, now under construction, comes on line.
Staff recommends approval of this combination OEDD grant/loan package
application in conjunction with the Warernart Development Agreement. One
associated requirement will be to hold a public hearing on the application. This public
hearing will be scheduled as part of the Council's regular meeting of July 8, 1996.
11Q
May 30, 1996
Frank Trwari
Director of Pubic Works
city of Woodb
270 Montgomery Strut
Woodb~ OR 97071
RE: Special Public Works Funds ~or the Woodland Avenue Extension
Dear Frank
This letter is written to foUow up on the meeting yesterday between staff of the Economic
Development and the City of Woodbum. The Economic Development Deparlme~ can assist
communiggS fund public ~ projects with the Special ])u]:)ti¢ Winks Fund. Our
Hnd~and~ is that th~ City of Woodbum is requitin~ Warenlart, Inc. to ~onstruct a public
rosdway sppmxima~y 1,750 ~eer in length ~rom the southern end of Woodlsnd Avenue to ',.he
$1,000,000. This projec~ ~x~Lrs cli~'olg for thc Spcci~ Public Works Fuad m~d wc invitc thc
city to submit ~ Rnal application. ARer a. COmplete application is received, a program and
Based on our ~ revi,:w of the City of Woodburn's ability to repay a loan for this project, and
w~ tl~ knowledge tha~ the Oty oEWoodbum is preparin8 to embark on a major sewer treatment
project, our rcc~mmend~on would likely be a $0% loan and a 50°/. grant based on the actual
cost of eng{neering and constructing the ro~ and the city's fimm~ position. ~owever, grant
funds may not exceed $500,000 and loan funds nuy not exceed $10 million. These mnounts (and
the project's eligibility) are based on the creation of at least 50 new jobs w~rhin two years of
award, with 30% of all new jobs created in two years exc.~tin~ the annual family wa~ level of
$2=,?0o.
7755,mt~.tSt..,N~, · Salel~OR 97310
503.-986-O1~ · ~DDS0~-9~6-OI~ · F~S03-~t-SIIS
Governor iohn A. Kitzhaber
City of Woodbum
May 30, 1996
Page 2 of 2
In all likelihood, the city's loan would be strong enough to be included in an upcoming bond sale
similar to past city loans from thc department. Accordinsiy, we would need to receive the city's
application, review it, make a recommendation and award by ~Iuly 15, 1996, a formidable task.
However, we are willi~ to try and meet this schedule R'the city is prompt in the application
process.
I hopc this infomuttion is useful ~s you continue to ~a~e the terms of Wm'emnrt's building
rcquir .
Sincerdy,
Betty Ponlp'acz, Manager
Infrastru~ Development
c: lerry Gardner
Laird Bryan
Tom Meek
· 11R
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager ~ ~
Bid Award for Portable Mini Camera Television
Sewer Inspection System
June 19, 1996
RECOMMENDATION:
Reject the Iow bid from Ben-Ko-Matic for not being in substantial compliance with
specifications and accept the second Iow bid from Enviro-Clean Equipment for a
portable mini camera television sewer inspection system for $14,500.00
BACKGROUND:
City of Woodburn bid number 96-18 for a portable mini camera television sewer
inspection system was opened and read on June 18, 1996 at 11:00 am. The results
were:
Ben-Ko-Matic
Enviro-Clean Equipment
Pacific Equipment Company
UEMSI $11,540.00
Aries 14, 500.00
CUES 16,055.00
Staff is recommending that the Iow bid of Ben-Ko-Matic be rejected. The UEMSI
system offered does not comply with the city specifications in several critical areas.
These areas include camera housing material, lighthead material, power control unit
features, video data display unit features and camera to cable connector configuration.
The Aries unit offered by the second Iow bidder was in compliance with all
specifications. Staff is recommending that the Enviro-Clean Equipment bid of
$14,500 be accepted. The approved budget of fiscal year 1996-97 includes this
expenditure under line item 072.725.710.010.
11S
CITY OF WOODBURN
POLICE DEPARTMENT
982-2345 Ext.3$£
270 Montgomery S~t~~, Woodbum, Oregon 97071
Paul E. Nu~~~/
Patrol Ope "UW us l utenant
Date: June 20, 1996
To:
Mayor and City COuncil
Chris Childs, City Administrator
Street Closure - Drums of Fire
On July 7, 1996, the Drum and Bugle Corps are returning to Woodbum for the "Drums of Fire"
presentation, at Legion Park. As in the past, the event will draw a large contingency of Drum and
Bugle Corps and viewing audience. To assist in the traffic and transportation logistics, Bruce Thomas,
of the Drums of Fire Committee, is requesting James Street, between Alexandra Ave. and James Street
be closed from 4:00 p.m. to 10:00 p.m. Both involved intersections will be left open for traffic.
RECOMMENDATION:
Recommend street closure of Park Ave, between Alexandra Ave. and lames Street. on July 7, 1996
from 4:00 p.m. to 10:00 p.m., to accommodate the Drums of Fire event.
Fire Department
Street Department
NORCOM
Woodburn Ambulance
11T
CITY OF WOODBURN
POLICE DEPARTMENT
Paul E. Null . ~
Patrol Operations Lieutenant
982-2345 Ext.3~
Date:
To:
Thru:
RE:
June 20, 1996
Mayor and City Council
Chris Childs, City Administrator
Sound Amplification Permit - Library Park
Centro Cristiano Church
On June 20, 1996, the City of Woodbum received a request for a sound amplification permit from Noe
Pineda, pastor of the Centro Cristiono Church, located at 257 W. Lincoln Street. The church is
planning an outdoor service and picnic at Library Park, with live music. This event has taken place
for the last several years without incident. The event is scheduled for Sat., June 29, and Sun., June
30, 1996, from 4:00 p.m. to 8:00 p.m. The activity should not effect surrounding businesses due to
the days and hours of the event. Both the Library and Parks Department have been contacted and have
no objection to the event.
RECOMMENDATION:
Recommend a sound amplification permit be issued to Noe Peneda, for the Centro Cristiano Church
outdoor service, on June 29 & 30, 1996, from 4:00 p.m. to 10:00 p.m. each day.
Library
Parks Dept.
CENTRO CRISTIANO
257 W. LincoLn Street
P.O. Box 476
Woodburn, Oregon 97071
CITY OF WOODBURN
270 MONTGOMERY ST
WOODBURN, OREGON 97071
JUNE 20, 1996
DEAR CITY COUNCIL,
FIRST OF ALL, I WOULD LIKE TO GREET YOU ALL IN THE NAME
OF OUR LORD JESUS CHRIST. MY NAME IS NOE PINEDA PASTOR
OF CENTRO CRISTIANO CHURCH A/G.
WE ARE REQUESTING PERMISSION FOR US TO USE THE LIBRARY
PARK STAGE ON JUNE 29 ~'30TH~'~96 BETWEEN THE HOURS OF
4:00 PM - 8:00 PM FOR THE PURPOSE OF HAVING AMPLIFIED
MUSIC, OUTDOOR SERVICE AND A PICNIC.
THANK YOU,
PASTOR NOE PI~EDA
15A
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator/~.~.~~
Public Works Program Manager
Loan Application Update
June 19, 1996
Water/Wastewater (W/W) Financing Program:
There was a public hearing held on December 11, 1995 and council approved city
submitting to the Water/Wastewater (W/W) financing program an application for
$1,000,000 of which $500,000 would be a grant for design of the city's advanced
wastewater treatment facility and for design and construction of force main
improvements. This application is now being completed and should be submitted to
the state for review by July 15, 1996. Staff feels that the city should be very
competitive for award of the grant and loan funding.
~oecial Public Works Fund:
The city is proposing to make application to this program for a combination loan/grant
to assist in funding required infrastructure improvements required for the Waremart
warehouse development (please refer to City Administrator memo elsewhere in this
packet). As a part of this process a. public hearing will have to be conducted on
making application for a. Special Public Works Fund Loan/Grant. This public hearing
has been scheduled for July 8, 1996 and council will be provided more information
at that time.
WOODBURN PUBLIC LIBRARY
280 GARFIELD STREET
WOODBURN, OREGON 97071-4696
503-982-5252/5263 OR FAX: 503-982-5258
15B
TO:
FROM:
DATE:
RE:
MEMORANDUM
Chris Childs, City Administrator ~~? ~J~
LINDA SPRAUER, LIBRARY DIRECTOR
June 19, 1996
STAFF REPORT
John Pitt and i did a walk-through of Library Park and determined that several trees
were in immediate need of attention. John then contacted Rod Vistica's Tree Service who
gave an estimate of over $5,000 to do all of the pruning, fl'imming and tree and limb removal
which should be done. Due to lack of funds, Rod and John then determined that two of the
most diseased trees should be removed right away and identified four other trees with dead
wood and hazardous limbs needing attention soon. ! processed a purchase order in the
amount of $1,950 to have this work completed not later than June 30, 1996, the end of this
fiscal year. The work began on Monday, June 17, 1996 and I am sure it will be completed on
schedule. Mr. Vistica will be cleaning and removing all of the debris, except for the chips from
the stump grinding.
As you may have seen in the newspaper, the Friends of the Library have received a
grant from the Woodbum Together organization to establish a homework center as part of the
Teen Center in the Youth Services area of the library. This funding will provide for a computer
which will have multimedia capabilities and appropriate software for accomplishing homework
assignments, as well as some reference books and supplies. We are pleased to benefit from
the recipient of this grant and feel sure that the teens of the community will appreciate this
additional service.