Agenda - 11/14/2005
CITY OF WOODBURN
CITY COUNCIL AGENDA
NOVEMBER 14, 2005 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
W ALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. In observance of Thanksgiving, City Hall will be closed on
November 24 and 25, 2005. The Woodburn Public Library and
the Aquatic Center will be closed on November 24th only.
B. The Holiday Tree Lighting and Coloring Contest will be held on
December 4, 2005 in the Downtown Plaza. Local vendors will
be selling food items from noon to 8:00 p.m. At 5:00 p.m., there
will be a candlelight procession from the Settlemier House to
the Downtown Plaza for the City's Tree Lighting Ceremony.
Following will be entertainment by three different cultural
dance and signing groups and a posada for children.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. Prematurity Awareness Day - November 16,2005
1
Presentations:
B. Introduction of Brian Miles, Information Systems Manager - Ben
Gillespie
"Habra inwrpretes Clisponibles para aquellas personas que no bablan Ingles, previo acuerClO. Comunlquese
al (503) 980-2.485:'
November 14, 2005
Council Agenda
Page i
5. COMMITIEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
C. Woodburn School District
6. COMMUNICATIONS
A. Letter from Portland-Woodburn RV Park dated November 7, 2
2005
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of October 24, 2005 3
Recommended Action: Approve the minutes.
B. Woodburn City Council minutes of October 31, 2005 14
Recommended Action: Approve the minutes.
C. Planned Highway 99E Traffic Median Visibility Improvements 16
Recommended Action: Information only.
D. Building Activity for October 2005 17
Recommended Action: Receive the report.
E. Planning Tracking Sheet dated November 4, 2005
Recommended Action: Receive the report.
18
F. Claims for October 2005
Recommended Action: Receive the report.
21
9. TABLED BUSINESS
A. Union Pacific Pipeline Crossing Agreement
November 14, 2005
Council Agenda
Page ii
1
10. PUBLIC HEARINGS
A. Sale of Community Center Property 25
Recommended Action: (1) Reject the offer of $195,000
submitted by Chay, LLC for 491 N. 3rd street (the former
Woodburn Community Center); (2) Reject the offer of $201 ,000
submitted by Brian Lehman for 491 N. 3rd street; (3) Conduct
the public hearing required by ORS 221 .725 on the proposed
sale of 491 N. 3rd Street to Mikko Aaby for a purchase price of
$200,000; and (4) After completing the public hearing, accept
the offer of $200,000 submitted by Mikko Aaby for 491 N.3rd
Street and direct staff to prepare a resolution documenting the
sale of the property.
11. GENERAL BUSINESS -Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill 2597 - Resolution authorizing execution of a 75
collective bargaining agreement with American Federation of
State, County, and Municipal Employees (AFSCME) Local 642
effective July 1,2005 through June 30, 2007.
Recommended Action: Adopt the resolution.
B. Council Bill 2598 - Resolution establishing employee 133
compensation including salary and benefits
Recommended Action: Adopt the resolution.
C. Council Bill 2599 - Resolution authorizing execution of a 138
collective bargaining agreement with the Woodburn Police
Association effective July 1, 2005 through June 30, 2008
Recommended Action: Adopt the resolution.
D. Council Bill 2600 - Resolution authorizing the Wastewater 186
Treatment Plant to elect to use Department of Environmental
Quality approved interim headwork loading limits
Recommended Action: Adopt the resolution.
E. Acceptance of Public Rights of Way and Public Utility Easement 188
Recommended Action: Accept the attached Public Rights of
Way as described on Attachment "A" and the Public Utility
Easement as described on Attachment liB."
November 14, 2005
Council Agenda
Page iii
..
F. Acceptance of Public Storm Sewer and Public Water Main 200
Easement
Recommended Action: Accept the attached Public storm
Sewer Easement as described on Attachment "A" and the
Public Water Main Easement as described on Attachment liB."
12. NEW BUSINESS
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
None.
14. CITY ADMINISTRATOR'S REPORT
A. Marion County Strategic Planning
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. To review and evaluate, pursuant to standards, criteria and
policy directives adopted by the governing body, the
employment-related performance of the chief executive
officer of any public body, a public officer, employee or staff
member unless the person whose performance is being
reviewed and evaluated requests an open hearing pursuant
to ORS 192.660 (1) (i).
17. ADJOURNMENT
November 14, 2005
Council Agenda
Pageiv
~
4A
PROCLAMATION
PREMATURITY AWARENESS DAY
NOVEMBER 16, 2005
WHEREAS, premature birth affects one in ten babies in Oregon; and
WHEREAS, the incidence of this serious problem is rising dramatically, up
18 percent in Oregon in the last ten years; and
WHEREAS, premature birth is the leading cause of newborn death and
among babies who survive, it can be a cause of serious lifelong health problems;
and
WHEREAS, premature birth takes an enormous toll on families and costs
society billions of dollars annually; and
WHEREAS, most Oregonians are not aware that premature birth is a
common, serious and costly problem; and
WHEREAS, the March of Dimes, the organization that conquered polio, is
now bringing citizens together to fight the crisis of premature birth;
NOW, THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, do
hereby proclaim November 16,2005 as
PREMATURITY AWARENESS DAY
and encourage all citizens of Woodburn to support March of Dimes efforts to
fund research and programs to find the causes of prematurity.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of e City of dburn to be affixed this 14th day of September 2005.
1
V l" '1./ttJ)(t1) .
,,\\ , "J~,~
<'> .. , ~? '
:~-, j,:. r{! ) { , ~l
,. ',;' ~) \
.. .' -:' i. H<~.,;.. ~--ll
~ ~ . ~, " '
'_J .'j
~ ~ J '.-1 hll ,,:,'/I'.t/ I
· .. ~J,II ~,.,
)-~I .." " \f~
lrtt 11f1 HHW
........
/'
1-* 6A
~ "NOV 0 9 2005 ~
1-888-988-oooY - '
Fax (503) 981-0334
PORTLAND. WOODBURN WOOOeURN (503) 981-0002
R V CI V ADMINISTRATOR'S Qf-~: wdbmrv@oregonsbestcom
PARK
Ht:l.I'U
115 N. Arney Rd.
Woodburn, OR 97071
website: woodbumrv.com
'-
~
November 7, 2005
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
As Manager of the Woodburn RV Park located at 115 N. Arney Road Woodburn, Oregon I wish to commend
the Public Works Deparbnent for their prompt attention in considering our concerns regarding the traffic
congestion generated by the Woodburn Company Stores Mall traffic, Elmer's, Arby's, Starbucks, Quimos and
the RV Park on Arney Road and the driveway leading to the RV Park and the restaurants,
Our driveway is shared with Eimers, Arbys, Starbucks and Quiznos. All of the traffic coming out of our
respective properties merge onto Arney Road. However a tremendous number of cars and trucks erroneously turn
into this driveway off of Arney as they attempt to get to the mall. They then discover their mistake and out of
frustration would speed through the RV Park often going against our traffic pattern and disregarding our 10 mph
speed limit. This was creating a major safety issue for our pedestrians and other drivers. Once they would get
back to Arney Road to make a left turn to allow them to get to the mall traffic would back up in the driveway
leading to major congestion.
My recommendation to Julie Moore in Public Works was that a directional sign be placed on the south side of
Arney Road directing the drivers to the mall so as to lower the number of erroneous turns into our driveway.
Another issue involved the westbound traffic not being able to see the signage to direct them back to 1-5, It was
being blocked by trees that had been planted along Arney Road when the mall was built and improvements made
to the street.
The employees of the Public Works Department physically came out to the traffic site to observe what was taking
place. I received a call from Julie Moore informing me that the Public Works Department would be placing
signage on the south side of Arney Road to direct the traffic to the mall and would move the 1-5 directional sign
away from the trees for the drivers to be better able to see.
Within a few days the 1-5 directional sign had been moved and within three weeks the new sign was erected.
This says that the City of Woodburn truly does care about the businesses here in their community. It is refreshing
to see the City of Wood bum Public Works Department will listen to the small business owner and take the time to
review their concerns and help them resolve issues. In this case it may even save someone from becoming injured
due to the dangerous situation this was creating.
Thank you for having a staff that take their job seriously and show it by taking the time to help solve problems
directed to them.
Sincerely,
Connie Grade
Manager
2
I
SA
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, OCTOBER 24,2005.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Absent
Present
Absent
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Public Works Manager Rohman, Asst. City Engineer
Torgeson, Park & Recreation Director Westrick, City Recorder Tennant
Mayor Figley stated that Councilors Bjelland and Lonergan were out of town and unable
to attend this meeting.
0060 ANNOUNCEMENTS.
A)City offices and the Library will be closed on November 11, 2005 in observance of
Veteran's Day. The Aquatic Center will be open as regularly scheduled.
B) Special City Council meeting will be held on October 31,2005, 7:00 p.m., City Hall
Council Chambers, to discuss Periodic Review.
C) Woodburn Downtown Association (WDA) will host a Halloween Party at the
Downtown Plaza on October 30, 2005 from 12:00 noon until 8:30 p.m..
D) Police Department will be participating in a "Hard Target Business Building"
seminar to discuss issues surrounding methamphetamine on November 4,2005 from 7:30
am to 9:30 am at the Woodburn Armory. This seminar is open to the public and free of
charge.
0129 PROCLAMATION: GARY LAWHEAD DAY - OCTOBER 28. 2005.
Mayor Figley read a proclamation declaring October 28,2005 as "Gary Lawhead Day"
within the City to honor him for his many years of service in working with youth with his
most recent appointment as Superintendent of MacLaren School. The Mayor expressed
her appreciation to Mr. Lawhead for his participation in community activities and for
encouraging youth at MacLaren to also work on fundraising activities within the facility
that would benefit numerous charitable organizations in the Woodburn area.
Mr. Lawhead accepted the plaque and thanked the Mayor and Council for their
recognition.
Page 1 - Council Meeting Minutes, October 24, 2005
3
..
TAPE
READING
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
0252 FAREWELL PRESENTATION BY GARY LAWHEAD.
Mr. Lawhead presented the City with a plaque thanking the City and the Woodburn
community for their on-going support of the youth, staff, and mission of MacLaren
School which has been located in Woodburn since 1926.
0348 PRESENTATION: HIGHWAY 99E PAVEMENT AND SAFETY
IMPROVEMENTS.
Tim Dodson, Consultant Project Manager for ODOT, stated that preliminary work is
being done to make pavement and safety improvements to Highway 99E. Meetings will
also be held with local businesses and the community to receive input to design a project
that will meet the needs of the community. The bulk of the state funds available for this
project will be spent on pavement preservation from Aurora to Salem on Highway 99E
and on two areas in Woodburn where safety concerns need to be addressed. One of the
two areas within Woodburn addresses pedestrian safety between Mt. Jefferson Street and
James Street, and the other area is at the Young Street intersection where there is a need
to improve traffic signalization and to modify the turning radius for large trucks on the
east side of Highway 99E. He stated that the approaches being discussed are only
temporary in nature until such time major improvements are made to Highway 99E. A
meeting with local businesses has been scheduled for November 2,2005 and an Open
House has been scheduled for November 14,2005 to receive public input on proposed
improvements to these two areas.
Michael Swan, representing OBEC Consulting Engineers, stated that a 2002 ODOT
Study focused on traffic accidents from Canby to Salem on Highway 99E and the area
between Mt. Jefferson Avenue and James Street had a higher than average pedestrian
accident rate and, of those pedestrian accidents, it had a higher than average fatality rate.
In order to provide for a safe crossing in that area, business impacts will differ depending
upon the type of pedestrian crossing installed. A concept being considered is installation
of pedestrian islands that would not adversely affect business access. The other area
being focused on is an operations issue on Young Street / Highway 99E intersection.
This intersection has a high traffic accident rate and the cause of the accidents seem to be
related to turning issues. The proposed improvement would be on the east side of the
intersection. One concept is to block off Birds Eye Avenue where it intersects at
Highway 214 and the George Street intersection would be reconfigured to tee-up with
Highway 214. However, due to the close proximity to Highway 99E, a small raised
median may need to be installed in order to eliminate a back-up of traffic movement
eastbound on Highway 214.
1021 Mayor Figley questioned ifthere would be a protected left turn lane for motorists going
eastbound.
Mr. Swan stated it might be feasible but they had been focusing on the east half of the
intersection, however, any traffic signal installed with the lanes available would
accommodate eastbound traffic.
Page 2 - Council Meeting Minutes, October 24, 2005
4u
i -.
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
Mayor Figley stated that the east side of the intersection is within the urban renewal area
and even though there is no immediate redevelopment plans for the area, it is likely to be
redeveloped and she hoped that there would some communication between the City and
ODOT relating to ODOT's ultimate design so that use of public funds for redevelopment
is not demolished at a later date when a major roadway improvement is funded by ODOT.
Councilor Cox questioned when the improvements to Highway 99E within the City are
scheduled to begin.
Mr. Swan stated that project bids would be opened in late July 2007 with the work to be
in the fall of 2007 and completion during the summer of 2008.
Councilor McCallum expressed his appreciation for the input process being solicited
from the public before final design is drafted. He also questioned if lighting and more
visible marking of medians would be included in the project since the median strip
currently located on Highway 99E at Highway 214/211 intersection is very difficult to see
at night or during raining weather conditions. He stated that reflectors have been very
helpful for visibility on center lines, however, maintenance needs to be done to replace
the reflectors and to stripe the roadway at least annually. He reiterated that the island has
reflectors on the bottom but the area needs to be cleaned off so that motorists can see the
median strip in addition to placement of a lighted sign on the median strip to warn
motorists.
Councilor Nichols agreed that the median strip is not visible and reflectors need to be put
on top of the median strip so motorists can see the raised concrete strip in addition to
better lighting of the median strip area.
Mr. Swan stated that traffic separators, in some locations, are painted to increase the
visibility and they will look into this issue to see what can be done to improve the
visibility of the median strip area.
Mayor Figley felt that ODOT would hear some negative comments on the installation of a
median strip in general and she would have to be persuaded that a median strip is even
necessary on Highway 99E.
Councilor Nichols questioned if ODOT would be doing anything to the roadway adjacent
to the lumberyard just south of Young Street (Highway 214) in the event Birds Eye
Avenue is blocked off.
Mr. Swan stated that this roadway has not been addressed as of this date and, based on the
current budget, will be difficult to deal with as a part of this project.
1865 CONSENT AGENDA.
A) approve the Council minutes of October 10, 2005;
B) accept the Planning Commission minutes of September 22, 2005;
C) receive the Building Activity report for September 2005;
D) receive the Planning Tracking Sheet dated October 19,2005;
E) receive the Claims Report for September 2005;
F) receive the Police Department Statistics for September 2005; and
Page 3 - Council Meeting Minutes, October 24, 2005
5
I
TAPE
READING
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
G) receive the Woodburn Aquatic Center Revenue Comparison report.
Councilor McCallum expressed his appreciation of staff's continued presentations in
giving the Mayor and Council information that can be shared with the public.
MCCALLUM/NICHOLS... adopt the consent agenda as presented. The motion passed
unanimously.
1942 T ARLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT.
COX/NICHOLS... remove this item from the table. The motion passed unanimously.
Mayor Figley stated that a memo has been provided to the Council on this issue.
Assistant City Engineer Torgeson stated that this agreement is the result of negotiations
with Union Pacific Railroad regarding a new storm drain construction project which will
start at Settlemier and go east to Ogle Street. The agreement would require that the City
meet certain physical standards and insurance coverage for the line. Staff is proposing
that some additional work be done at the culvert opening adjacent to Ogle Street since
there appears to be a sink hole and, to correct this public hazard, plans have been
submitted to the Railroad for review and approval of the installation of a manhole to
correct the problem. In regards to the license agreement, he stated that he has had both
written and telephone communication from the railroad representative in Omaha who has
specifically stated that they will only work with a license agreement which is the
document that is now before the Council for consideration.
Councilor Cox expressed concern in that staffhas indicated that they negotiated with the
railroad, however, in this case, the Railroad has refused to negotiate for an easement
rather than a license agreement. He stated that he was still opposed to a license
agreement in that the Railroad could require removal of the line within 30 days. The total
project cost for this project is approximately $190,000 and this whole project could be
shut down if the Railroad decides that the City must remove the line. In all other cases,
the City could easily go through a condemnation process to insure that the placement of
the line would be in place for whatever length of time the City needs the line. However,
with the Railroad, there is a question as to whether or not the City could go through a
condemnation process. The Railroad is requiring the City to pay $2,400 for a license
agreement that they can take away at any time. Staff is taking the approach that the
Railroad, even though they could require the removal, would not enforce that provision
since they have not done so in the past. However, as a steward of public funds, he did not
believe the City should be spending that much money on a total project that could be
shutdown at any time by the Railroad. An alternative might be for condemnation since
there are some specific cases that elude to condemnation power being applicable as long
as the condemnation is something that does not interfere with the Railroad's operational
interest, and, in this case, the line would not interfere with the Railroad's operation.
2581 City Attorney Shields stated that he had prepared a general memo on this issue and, if the
Council wanted to pursue this issue, the next step would be to do some title work. He
agreed that there are some cases that do talk about condemnation under certain situations
Page 4 - Council Meeting Minutes, October 24, 2005
6
T T
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
and there are other cases that talk about the difficulty of condemnation.
Public Works Director stated that the need for the project was proposed at stafflevel in
order to move storm water by gravity and, in this case, there is a culvert in the vicinity of
the project which currently goes under the railroad tracks. This project would involve the
boring under the tracks for an additional pipe many feet below the tracks and the Railroad
would not have any need to request line removal. The proposed agreement calls for a 30-
day removal and some discussion has been held to increase the 30-days to a greater time
period to remove the pipe but he felt it would be best to leave the 30-day removal
language in place. He reiterated that this is a standard Railroad agreement and they are
not willing at this time to give the City an easement. He agreed that condemnation of the
property would be in the City's best interest since the pipe would then remain under the
railroad tracks as long as the City wants the pipe at that location. If the City were to
accept the standard agreement, he recommended that the 30-day removal clause remain
intact. '
Councilor McCallum questioned if staff looked at the number of agreements the Railroad
has in the United States and the number of agreements, if any, the Railroad has
terminated based on the license agreement provisions.
Director Tiwari stated that he only looked at Woodburn's experience and found that they
had not required removal but the City had, in some cases, removed lines based on the
City's needs.
Councilor Cox disagreed with the Public Works Director in that signing the existing
agreement states that the City is agreeing to the terms and conditions within the license
agreement and that the City will most likely be in a worse position to try and get an
easement or condemnation. He questioned if the Director had knowledge on the authority
of the existing culvert.
Director Tiwari stated that he assumed that the culvert was put in when the railroad was
built since there used to be a creek in that area and it was, and will continue to be, a
natural swale for water drainage. He stated that the proposed project is an expansion of
capacity and boring under the railroad tracks will not disturb any of the surrounding areas.
The total cost ofthe proposed pipeline project is $190,000 and there will be an additional
$200,000 for the detention pond project.
Councilor Cox reiterated that the Railroad is not stopping the City from installing the line
but they are reserving their right to remove the line. Even though they have not required
line removals in the past, he questioned why the City should gamble a $2,400 fee plus the
large project cost. In his opinion, the City should go to the map with the Railroad and
find out what the City's rights are against the Railroad's rights. He stated that the City
does not have the right to shut down the railroad but he would personally like to see the
City find out what rights the City does have before any final action is taken on this
proposed agreement.
Mayor Figley suggested that I) any decision to be made be held over to a subsequent
meeting when all Councilors are present, and 2) she is personally interested in knowing
Page 5 - Council Meeting Minutes, October 24, 2005
7
.
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
under what authority was agreed upon between the State and Railroad where Highway
214 goes under the railroad tracks since the railroad tracks pre-date the roadway.
3840 Councilor McCallum agreed with the Mayor's suggestions, however, he did request
information on the construction time line.
Director Tiwari stated that staff is looking at beginning the construction project in the
spring of 2006.
NICHOLS/MCCLALLUM... table this issue until a full Council is available. The
motion passed unanimously.
Councilor McCallum stated that he would like to receive information on what the City's
rights are whether it be a condemnation issue or agreeing to the license agreement.
Councilor Cox stated that the City Attorney suggested in his memo that the source of the
railroad grant might be important and Councilor Cox suggested that staff determine the
importance before the Council continues deliberations on this issue.
Mayor Figley stated that this issue needs to be explored further since the City is bisected
by railroad right-of-way and an issue of this kind is not a one-time issue since there will
most likely be some other utility or public works function that does have to cross the
railroad tracks. She suggested that staff find the deed rather than doing a full-blown title
report at this time.
4146 COUNCIL BILL NO. 2592 - RESOLUTION CALLING FORA PUBLIC
HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED
NORTH OF MOLALLA ROAD (2045 Molalla Road).
Council Bil12592 was introduced by Councilor Sifuentez. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill 2592 duly passed.
The public hearing will be held on December 12,2005.
4228 COUNCIL BILL NO. 2593 - RESOLUTION ENTERING INTO GRANT
AGREEMENT NO. 22586 WITH STATE OF OREGON TRANSPORTATION
DEPARTMENT FOR ELDERLY AND DISABLED PUBLIC
TRANSPORT A TION SERVICE.
Councilor Sifuentez introduced Council Bill 2593. Recorder Tennant read the bill by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill 2593 duly passed.
4299 COUNCIL BILL NO. 2594 - RESOLUTION ENTERING INTO GRANT
AGREEMENT NO. 22587 WITH ST ATE OF OREGON TRANSPORT A TION
DEP ARTMENT FOR TRANSIT VEHICLE CAPITAL ASSISTANCE.
Councilor Sifuentez introduced Council Bill 2594. The bill was read by title only since
there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Figley declared Council Bill 2594 duly passed.
Page 6 - Council Meeting Minutes, October 24, 2005
8
T I
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
4372 COUNCIL BILL NO. 2595 - RESOLUTION ENTERING INTO GRANT
AGREEMENT NO. 22086 WITH THE STATE OF OREGON
TRANSPORTATION DEPARTMENT FOR PUBLIC TRANSPORTATION
OPERATING ASSISTANCE.
Council Bill 2595 was introduced by Councilor Sifuentez. The bill was read by title only
since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill 2595 duly passed.
4438 MILL CREEK GREENWAY MASTER PLAN.
Park & Recreation Director Westrick stated that Alex Stone from the National Parks
Service has been the City's consultant on this plan and she will be assisting him on this
presentation. He stated that the purpose of this presentation is to receive Council
comments on the proposed plan and staff will then bring back a final document for
Council review and adoption at a later date. He stated that the project has involved a
Task Force, the Recreation & Parks Board, and City departments. The need for the
master plan stems from the City's Park & Recreation Comprehensive Plan 1999 update
and policies 5 and 6 relate to a continuously publicly owned greenway that serves a
variety of uses including recreation, transportation, flood control, and wildlife habitat.
Alexandra Stone stated that staff is nearing the end of a 2-year process and she has been
working with the involved City groups to do the research necessary to put a
recommendation before the Council. The National Parks Service has worked with a
number of communities that are our outside of National Parks since communities do
receive federal funds for park development and improvements. In Woodburn, Settlemier
Park has received 8 grants including the Skate Park project, and other projects have been
funded within Legion Park, community tennis courts, and the acquisition of Centennial
Park. Her work involves recreational and conservation planning for communities like
Woodburn in Oregon, Washington, and Idaho. In regards to this project, the Task Force
appointment was a valuable tool in engaging the public in the process. This group was
very diverse with different interests and they have met diligently over the last couple of
years. She stated that the plan provides for a broad range of objectives and the interests
supported by the greenway means that the City will end up with a comprehensive
coordinated multi-purpose 8-mile greenway that will capitalize on the resources that
make the community special.
Director Westrick provided background information on the development of the greenway
plan and public input received during this process. His power point presentation
highlighted areas of interest proposed for improvements within the greenway plan.
Ms. Stone described the public design charette that was part of a Recreation & Parks
Board workshop. During this workshop, the Board and members of the public present
sat down and looked at all five planning units in detail (south, central, north, west
tributary, and Goose Creek) and begin to look at solutions they thought would be in
looking at a continuous system. Design teams involved representatives from all City
Page 7 - Council Meeting Minutes, October 24, 2005
9
T
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
departments to assist the participants in working through this process.
Director Westrick reviewed the system wide-conclusions and recommendations which
include a trail that would run along the main stem of Mill Creek and the two tributaries,
an integrated sign system, directions, mileage, environmental and historical interpretation,
rules and regulations, and rest stations every quarter mile. It was noted that a restroom
facility needs to be constructed in the southern portion of the City since this section of the
greenway is away from the developed community parks that already have restroom
facilities. He also reviewed the conclusions and recommendations for each of the
planning units.
Tape 2 Director Westrick stated that the plan does include proposals for long-term and mid-term
solutions to work around barriers that have been identified. The plan has also been
coordinated with the Parks & Recreation Comprehensive Plan which is part of the City's
Comprehensive Plan and other related City plans.
Ms. Stone stated that funding opportunities will be available through federal, state, local,
and private funding once the plan has been adopted. She also stated that volunteers are
another source of assisting with fund raising activities. On behalf of the Parks Service,
she stated that they would be willing to write a letter of support whenever the City does
go out to seek financial assistance since they are supportive of the plan currently before
the Council.
0748 Mayor Figley stated that adoption of the plan would take place at a future meeting.
Councilor McCallum stated that knowing the estimated costs are of interest to him and
questioned when the estimates would be made available. He was impressed with the plan
and hoped to see some improvements made over the next several years.
Director Westrick stated that the City owns most of the property and the next step is to
begin making improvements. The Board has suggested that a section be built completely
as a model to determine what, if anything, needs to be changed within the plan. He will
also be working on a letter of intent for recreational trail program funding through Oregon
State Parks for submittal in December to address construction costs on a specific project.
Ms. Stone encouraged the Council to promote the greenway and work on an area that
would be used by the public if it was improved. She reiterated that public use will
eventually lead to members of the public offering to help so that the system can be
expanded as called for in the plan.
Councilor McCallum questioned the security of a system that is well-used.
Director Westrick stated that security will continue to be an issue but the critical point is
that the greenway is a place residents want to go and enjoy.
Ms. Stone also reminded the Council that consistent signage needs to be placed along the
greenway in addition to a list of rules to be followed.
Page 8 - Council Meeting Minutes, October 24, 2005
10
"'r ....
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
1350 AMENDMENT TO AGREEMENT FOR PERIODIC REVIEW CONSULTING
SERVICES.
Staff recommended an addendum to the agreement with Winterbrook Planning for fiscal
year 2005-06 by increasing the estimated costs for planning services by $45,000 and to
expand the scope of work to include services needed for Periodic Review.
NICHOLS/MCCALLUM... authorize City Administrator to execute the Addendum to
Agreement for Consulting Services with Winterbrook Planning and any related
documents for fiscal year 2005-06. The motion passed unanimously.
1400 AWARD OF CONTRACT FOR COMMUNITY DEVELOPMENT DIRECTOR
EXECUTIVE SEARCH SERVICES.
Administrator Brown recommended that Protham Company be awarded the contract to
provide recruitment services related to the Community Development Director position.
COX/NICHOLS... authorize the award ofthe contract for Community Development
Director recruitment services to Protham Company and authorize the City Administrator
to execute the agreement in an amount not to exceed $14,500 plus related expenses.
The motion passed unanimously.
1450 ACCEPTANCE OF PUBLIC UTILITY EASEMENT AND STORM DRAIN
EASEMENT.
Staff recommended the acceptance of an easement from Lawrence & Sharon Johnston for
a parcel of land perpendicular to Ogle Street which will provide permanent access for
maintenance of sanitary sewer and storm drain lines,
COXlMCCALLUM... accept the public utility and storm drain easement granted by
Lawrence and Sharon Johnston.
The motion passed unanimously.
1500 FISCAL YEAR 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG)
FUNDS.
Staff recommended the acceptance of the grant funds which will be used to purchase
patrol rifles with accessories to equip on-duty officers who may need to respond to a
critical incident.
NICHOLS/COX... approve the acceptance ofLLEBG funds in the amount of $2,948.00.
The motion passed unanimously.
1530 LIQUOR LICENSE APPLICATION - NUEVO ARANDAS. 450 N. First Street.
Chief Russell stated that this is a new outlet since the previous owner had previously
returned the license to OLCC. It was noted that this is the applicant who had previously
applied for a license but was turned down by the City due to insufficient information.
Chief Russell stated that the applicant had voluntarily signed a compliance which is
similar to other downtown businesses.
Page 9 - Council Meeting Minutes, October 24, 2005
11
T
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
Councilor Cox questioned what would happen if the Council acknowledged the
application but did not act on a recommendation either for or against the application.
Chief Russell stated that if the Council does not act on the application, then GLCC will
grant the license.
Administrator Brown reminded the Council that Chief Russell did mention that the owner
would be under a compliance plan and, to date, the City's experience has been very
positive.
COXlSIFUENTEZ... recommend to GLCC the approval of the liquor license with the
compliance plan.
The motion passed 3-1 with Councilor Nichols voting nay.
1742 REOUEST TO UPGRADE BUILDING INSPECTOR II/PLANS EXAMINER
POSITION.
Councilor Nichols questioned if the pay adjustment that our employee would be entitled
to with this position upgrade.
Administrator Brown stated that the employee would receive a 5% pay adjustment
NICHOLS/MCCALLUM... grant the request to upgrade the Building Inspector / Plans
Examiner n position The motion passed unanimously.
1832 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's approval of Subdivision 04-02 (Phase 4 of the Montebello
Subdivision). The Commission approved an application to subdivide the parcel into 64
single family dwelling lots and one common property tract.
B) Planning Commission's approval of Design Review 05-06 and Phase Plan 05-01
(1840 Newberg Highway). The Commission adopted a final order to allow for a phased
development of a financial institution and office building located on 1.46 acres of land.
No action was taken by the Council on these two items.
1940 MAYOR AND COUNCIL REPORTS.
Councilor McCallum reminded the public that this year's Relay for Life Event will be
held on June 23 and 24 at Woodburn High School. He also stated that James and Gina
Audritsh will be the Chair for this year's event.
He also inquired on the status of the new police station.
Administrator Brown stated that the project is underway but it was slightly delayed when
it was found that there was some soil contamination from diesel fuel and the soil had to
be removed.
Page 10 - Council Meeting Minutes, October 24, 2005
12
I
COUNCIL MEETING MINUTES
OCTOBER 24, 2005
TAPE
READING
2094 ADJOURNMENT.
NICHOLS/SlFUENTEZ.... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:05 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 11 - Council Meeting Minutes, October 24, 2005
13
...- ..
8S
SPECIAL COUNCIL MEETING MINUTES
OCTOBER 31, 2005
TAPE
READING
0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, OCTOBER 31,2005.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0025 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Assistant City Engineer Torgeson, Public Works Manager Rohman, City
Recorder Tennant
Consultant: Greg Winterowd, Winterbrook Planning
0052 COUNCIL BILL NO. 2596 - ORDINANCE TO COMPLETE PERIODIC REVIEW
WORK TASKS BY AMENDING THE WOODBURN COMPREHENSIVE PLAN:
ADOPTING A NEW URBAN GROWTH BOUNDARY: AMENDING THE
WOODBURN DEVELOPMENT ORDINANCE: REPEALING ORDINANCE
NO.1689: ADOPTING CERTAIN BACKGROUND DOCUMENTS: MAKING
LEGISLATIVE FINDINGS: AND SETTING AN EFFECTIVE DATE.
Councilor Sifuentez introduced Council Bi112596. Recorder Tennant read the two
readings ofthe bill by title only since there were no objections from the Council.
Councilor Lonergan stated that he had spent a considerable amount of time reviewing the
documents and he will be voting in favor of the proposed ordinance. He still has some
concerns on traffic and on the cost of service for Area 2 versus Area 4 which he had
brought forth in previous meetings.
Councilor Cox stated that he has similar concerns as expressed by Councilor Lonergan.
He also stated that he had not read every single page of the document but he has been
involved on committees including the Planning Commission while work was being done
on this project over the last several years. He feels that he is aware of what has been
included in the document and trusts that staffhas followed the Council's directions in
preparing this final document.
Councilor McCallum concurred with the comments made by Councilors Lonergan and
Cox. He expressed his appreciation to all staff members, groups that have worked on this
project, and the public for presenting their comments. He also encouraged Councilor
Bjelland to continue diligently working toward making the periodic review process
Page 1 - Special Council Meeting Minutes, October 31, 2005
14
.,.
I
SPECIAL COUNCIL MEETING MINUTES
OCTOBER 31, 2005
TAPE
READING
shorter since this particular process took the City many years to get it to its final stage for
Council adoption.
Councilor Sifuentez stated that she supported the document before the Council.
Councilor Bjelland stated that he has read a majority of the document and felt that
Woodburn compares extremely well with the efforts other cities have gone through. He
has been attempting to present to LCDC and DLCD that there does not need to be as
much work as what has been done for periodic review since it is a 20-year plan. Any 20-
year plan is subject to a lot of uncertainty. therefore. less time and effort should be
devoted into trying to be very precise. He stated that he will continue to lobby at the State
level that the process has been too bogged down and should be simplified. He supported
this document and felt that it was time to forward it to the County for review and then
onto DLCD with final approval by LCDC.
Councilor Nichols agreed that this document is a lot more detail than when he had been
on the Council in the 1980's. He was also concern about the transportation issues but felt
that it could be addressed later on by the Council as the need arises.
Mayor Figley stated that she was very comfortable in the fact that the City is following
legal requirements and the document does provide for positive changes in the
transportation arena and economic development arena. She stated that she was disturbed
that there are some property owners that are put into a lose situation because of the nature
of state law and concern about some things in the document that are based on some one
size fits all philosophies. However. the document has more good than bad and should be
adopted by the Council. She also encouraged Councilor Bjelland to lobby for
simplification of the process since she felt that it should not take much more than I year
to complete.
0728 On roll call vote for final passage. the bill passed unanimously. Mayor Figley declared
Council Bill 2596 duly passed.
0733 ADJOURNMENT.
NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:15 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant. Recorder
City of W oodbum. Oregon
Page 2 - Special Council Meeting Minutes. October 31. 2005
15
.
/-~\ "
'..i!o-i;N~
.;';'''''t";,p,.rr{.-.~,,'. .
\" '.
WOQ.:Q.Bu~N
l~~rrrv'al~d ISS4
8e
~~
.
.
November 8, 2005
SUBJECT:
Honorable Mayor and City Council th~ugh City Administrator
Public Works Program Manager ./~ ~
Planned Highway 99E Traffic Median Visibility Improvements
TO:
FROM:
INFORMATION:
During the presentation on the Highway 99E safety and preservation project at
the October 24, 2005 Council meeting there was discussion on the traffic
median on 99E north of the Highway 214/211 intersection adjacent to the
Safeway complex. The major concern was visibility of the island.
City public works staff subsequently met with Don Jordan, ODOT District 3
Manager, on the island and discussed steps that could be taken to improve
visibility of the traffic median. ODOT agreed that improvements could be made
and the following steps will be taken:
1. Paint on the south end of the median is faded so that it is hardly
noticeable and there is no paint on the north end. Since ODOT no longer
has equipment to hand paint, the City will paint both ends of the median
with reflective paint. The City will then maintain and repaint as necessary.
2. ODOT will install reflective wands on both ends of the median. These
wands are about two feet high and will be placed on the top of the
median. These reflective wands have proved to be effective in other
similar types of installations.
3. There are reflective buttons on the median both on the pavement and
top of the island. There are also some reflective buttons on the pavement
on the north end where part of the median was removed. ODOT
maintenance crews will inspect these buttons to insure that they are
functional and more will be added if necessary.
Agenda Item Review: City Administrat~ City Attorney -
Finance
16
,
8D
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
Date:
November 1 , 2005
To:
John Brown, City Administrator
From:
Building Division
Subject:
Building Activity for October 2005
2003 2004 2005
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 6 $893,835 13 $2,008,819 5 $770,796
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 4 $26,000 2 $4,200 8 $83,467
Industrial 0 $0 0 $0 0 $0
Commercial Value 11 $2,403,570 18 $672,058 10 $282,300
Signs, Fences, Driveways 12 $53,821 5 $12,575 2 $2,390
Manufactured Homes 1 $30,000 2 $45,995 2 $135,000
TOTALS 34 $3,407,226 40 $2,743,647 27 $1,273,953
Fiscal Year (July 1- $14,434,521 $11,394,884 $13,242,427
June 30) to Date
1:ICorrvrunity DevelopmenllBuildinglBuilding ActivilylBldgAct-2005lBldg Activity. MemoSlarYT - October 2005,wpd
T
of 3
Mail Final Mail I CC Ord.
Project Date Deemed 120-Day Facilities Notice to Notice to Post Sit Rpt PC Order PC Final Notice Notice to Post StfRpt CC Ord. Appeal
Applicant Description Received Complete Date Planner Refemlls Meeting PC Paper Property Due Hearing Due Order for CC Papers Property Due Hearing Due Adoption Ends
74 lot Inwnplete
Capital subdivision of 08113104 06107/05
SUB 04-02 Development Lots3&40f 07/14/04 Complete Ext. Naomi 8/26/05 8131/05 912105 NA 9/12/05 9/22/05 10113/05
Co. Town Center 11101/05
Plat 02/07/05
Annex 9.62
acres & zone Inwnplete
ANX 04-02, change to 11109/04
ZC 04-02, LOS Church construct 10/04104 Complete N/A Naomi 02/02/05 02/11/05 9/2/05 9/8/05 9/12/05 9/22/05 10113105 11/22/05 11122/05 12/02/05 11/14105
DR 04-18 25,000 sf
church at 2045 02/01105
Malalla Rd.
Change Comp.
CPA 04-02, Plan & zoning &
ZC 04-03, conditional use Incomplete
CU 04-10, Wallace Lien approval to 10/25/04 N1A Naomi
PLA 04-08, allow new car 11/19/04
DR 05-03 sales at 300 S.
Woodland Ave.
Construct Inwnplete
DRO~, RJP Architects 13.000 sf oflice 05/11/05 06106105 12/27/05 Jason 8129/05 916105 9/23105 NA 1013105 10113105
PP 05-01 complex at 184( Complete
Newberg Hwy. 8129/05
SUB 05-01, Inwnplete 12/17105
VAR 05-11, William 4 lot subdivision 05/16105 06114105 Ext. to Jason 8/22/05 8126105
VAR 05-12 Coleman at 715 Corby SI. Complete 2/15/06 I
8/19105
Establish coffee Incomplete
DR 05-07 Dave Cantwell shop at 790 OS/24/05 06120105 1/5/06 Jason 9/20105 9/27/05
Complete
Lawson Ave. 9nt05
Adjust prop line
Byron betweenTLs Inwnplete
PLA05-08 3600 and 3700. 7/22105 Jason
Hendricks 1800 BII< 8/15/05
Newberg Hwy
00
l!J
Page
PLANNING PROJECT TRACKING SHEET
Revised: 11/04/2005
-"4
Page 2 of 3
Mail Final Mail
Project Date Deemed 120-Day Facilities Notice to Notice to Post Stf Rpt PC Order PC Final Notice Notice to Post StfRpI CC Ord. CC Ord. Appeal
Applicant Description Received Complete Date Planner RefefTals Meeting PC Paper Property Due Hearing Due Order for CC Papers Property Due Hearing Due Adoption Ends
Install perimeter Incomplete
CU 05-02, Pacific Aulo fence at 200 7129/05 8/16105 1/21/06 Breah 9124/05 NA 10/21105 NA 10/31/05 11/3/05 11110/05
PLA 05-09 Sales N.Pacific Hwy Complete
9/23/05
Consolidate IoIs Incomplete
PLA 05-10 O.C.D.C. at 540 8/5105 Breah
Selllemier Ave 8/12/05
Yuriy Adjust SW Complete
PLA 05-11 property line at 8/11/05 12129/05 Breah
Liashevski 450 A Court 8/31105
Michael Partition 1011 of
PAR 05-06 Kaszubowski PAR 04-04 at 10m05 Breah
1791 W. Lincoln
Install awning at Incomplete
DR 05-09 Mark Nyman 153 GIant 9/9/05 Breah
Street 9120105
DR 05-10, Expand
CU 05-03, structure and
. VAR 05-14, ScotI Edwards parking area at Incomplete
: VAR 05-15, Architecture - existing OCDC 9/19/05 Jason
Peter Grimm Woodburn Head 10/19/05
VAR 05-18, Start at 540
VAR 05-17 SeIlIemier Ave.
Reduce rear
Christine yard setback for
ZA 05.Q2 Schwamberger garage 8/16/05 8/31/05 12129/05 Breah 8/31/05 NA
for David expansion at
Emmenegger 120 Workman
Dr.
,
Mod. of Cone!.
For DR 02-15,
DR 05-12, City of CU 02-04, VAR
VAR 05-19 Woodbum 03-08 and Var. 11/2/05 Breah
to driveway
width - 515 S.
Setllemier Ave.
PLANNING PROJECT TRACKING SHEET
Revised: 11/04/2005
.
Page 3 of 3
Mail Final Mail
Project Date Deemed 120-Day F acilitles NotIce fol Notice to Post Stf Rpt PC Order PC Final Notice Notice to Post Stf Rpt CC Ord. CC Ord. Appeal
Applicant Desaiption Received Complete Date Planner Referrals Meeting PC Paper Property Due Hearing Due Order for CC Papers Property Due Hearing Due Adoption Ends
DR 05.11, Construct coffel
VAR 05-18 Nathan Dalton kiosk at Mid- 10/31/05 Jason
Valley Plaza
Urban Renewal
Urban District John
Renewal approved by
Program voters on Naomi
3/12/02
LA OU1
Periodic Periodic Review
Review
Task tasks are Naomi 01/14/05 01/14105 NJA 02103105 03/10105 NJA NJA NJA 03128105
Comple- complete.
lion
PLANNING PROJECT TRACKING SHEET
Revised: 11/04/2005
i:\com"",""y Developmen~Planning\Miscellaneous\OtherIPIanning Case log
t>,;)
o
-I
PAGE
AP0460
VEEOT
C I T Y 0 F WOO D BUR N
CHECK REGISTER
WOODBURN LIVE
DATE 11/08/05
TIME 11:12:11
0)
~
CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
====================================================================================================================================
BANK ACCOUNT AP A/P
81191 10/31/2005
81192 10/31/2005
81193 10/31/2005
81194 10/07/2005
81195 10/07/2005
81196 10/07/2005
81197 10/07/2005
81198 10/07/2005
81199 10/07/2005
81200 10/07/2005
81201 10/07/2005
81202 10/07/2005
81203 10/07/2005
81204 10/07/2005
81205 10/07/2005
81206 10/07/2005
81207 10/07/2005
81208 10/07/2005
81209 10/07/2005
81210 10/07/2005
81211 10/07/2005
81212 10/07/2005
81213 10/07/2005
81214 10/07/2005
81215 10/07/2005
81216 10/07/2005
81217 10/07/2005
81218 10/07/2005
81219 10/07/2005
81220 10/07/2005
81221 10/07/2005
81222 10/07/2005
81223 10/07/2005
81224 10/07/2005
81225 10/07/2005
81226 10/07/2005
81227 10/07/2005
81228 10/07/2005
81229 10/07/2005
81230 10/07/2005
81231 10/07/2005
81232 10/07/2005
81233 10/07/2005
81234 10/07/2005
81235 10/07/2005
81236 10/07/2005
81237 10/07/2005
81238 10/07/2005
81239 10/07/2005
81240 10/07/2005
81241 10/07/2005
81242 10/07/2005
00
00
00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
63.00
300.00
310.00
119.25
311 . 52
195 .00
52.53
24.55
883.57
13.98
59.95
195.00
19.95
763.00
83.96
289.94
234.11
686.34
756.00
9.58
19.27
912.50
22.95
214.82
290.00
477 .00
416.00
28.20
206.08
587.38
157.71
483.12
229.65
155.96
63.50
829.98
873.00
604 . 94
147.85
000.00
319.42
190.05
100.78
75.79
12.00
79.90
116.80
20.00
104.00
684.35
438.00
366.78
2
1
1
3
58
16
25
3
10
1
1
172
4
1
1
2
3
3
12
.00
.00
.00
.25
.52
.00
.53
.55
.57
.98
.95
.00
.95
.00
.96
.94
.11
.34
.00
.58
.27
.50
.95
.82
.00
.00
.00
.20
.08
.38
.71
.12
.65
.96
.50
.98
.00
.94
.85
.00
.42
.05
.78
.79
.00
.90
.80
.00
.00
.35
.00
.78
63
300
310
119
311
195
52
24
883
13
59
195
19
763
83
289
234
686
756
9
19
912
22
214
290
477
416
28
206
587
157
483
229
155
63
829
873
604
147
000
319
190
100
75
12
79
116
20
104
684
438
366
2
1
1
3
58
16
25
3
4
1
1
2
3
3
10
1
1
172
12
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
Accounts Payable
OR DEPT OF MOTOR VEHICLE
RAMON GARCIA JR
STERLING S LANGRELL
ADVANCED LASER IMAGING IN
ANN FINCH
ANNE ROSALES
ARCH WIRELESS
AT & T
AWARDS AND ATHLETICS
BI-MART CORPORATION
BLUE BOOK PUBLICATIONS IN
BOLDT, CARLISLE & SMITH L
CANBY TELEPHONE ASSOC
CANTWELL DEVELOPMENT LLC
COOKE STATIONERY COMPANY
COSTCO WHOLESALE
CTL CORPORATION
D & A GENERAL CONTRACTORS
DUTY FENCE COMPANY INC
G.W. HARDWARE CENTER
GALL'S INC
GOVERNMENT LEASING CO COR
GRAINGER INC
INGRAM DIST. GROUP
ISOLUTIONS CONSULTING INC
KESSELRING GUN SHOP INC
KJM PROGRAM & CONSTRUCTIO
KUSTOM KREATIONS OF OREGO
LAB SAFETY SUPPLY
METRO FUELING INC
NORLIFT OF OREGON INC
NORTHWEST NATURAL GAS
OAKMEADOWS
OFFICE MAX CREDIT PLAN
OR DEPT OF MOTOR VEHICLE
OREGONIAN PUBLISHING CO
PACIFIC HABITAT SERVICES
PORTLAND GENERAL ELECTRIC
POWELL'S BOOKS .COM
PRESTON GATES ELLIS LLP
QWEST
RADIX CORPORATION
RECORDED BOOKS INC
ROTH'S FOODLINER
SHANDEL JUMP
SHUTTERBUG
SPRINT
STATE OF OREGON CORP DIV
TEK SYSTEMS INC
TRIAD MECHANICAL INC
UNEQUALLED JANITORIAL SVC
WILLIAM H REILLY & CO
to.)
....
..
2
PAGE
AP0460
VEEOT
C I T Y 0 F WOO D BUR N
CHECK REGISTER
WOODBURN LIVE
DATE 11/08/05
TIME 11,12,11
CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
====================================================================================================================================
10/07/2005 YES 846.13 .00
10/07/2005 YES 15.00 .00
10/07/2005 YES 853.00 .00
10/07/2005 YES 42.00 .00
10/07/2005 YES 954.79 .00
10/07/2005 YES 260.80 .00
10/31/2005 YES 855.45 .00
10/31/2005 YES 175.00 .00
10/31/2005 YES 166.22 .00
10/31/2005 YES 195.26 .00
10/31/2005 YES 769.05 .00
10/14/2005 YES 107.40 .00
10/14/2005 YES 150.00 .00
10/14/2005 YES 34.25 .00
10/14/2005 YES 450.00 .00
10/14/2005 YES 235.55 .00
10/14/2005 YES 69.99 .00
10/14/2005 YES 88.10 .00
10/14/2005 YES 115.63 .00
10/14/2005 YES 70.87 .00
10/14/2005 YES 138.78 .00
10/14/2005 YES 374.00 .00
10/14/2005 YES 857.40 .00
10/14/2005 YES 275.00 .00
10/14/2005 YES 63.99 .00
10/14/2005 YES 60.75 .00
10/14/2005 YES 124.95 .00
10/14/2005 YES 26.23 .00
10/14/2005 YES 165.20 .00
10/14/2005 YES 141.70 .00
10/14/2005 YES 160.00 .00
10/14/2005 YES 68.80 .00
10/14/2005 YES 285.61 .00
10/14/2005 YES 65.00 .00
10/14/2005 YES 175.00 .00
10/14/2005 YES 175.00 .00
10/14/2005 YES 251.78 .00
10/14/2005 YES 48.45 .00
10/14/2005 YES 109.97 .00
10/14/2005 YES 86.37 .00
10/14/2005 YES 102.24 .00
10/14/2005 YES 198.43 .00
10/14/2005 YES Ill. 96 .00
10/14/2005 YES 192.14 .00
10/14/2005 YES 109.00 .00
10/14/2005 YES 377.51 .00
10/14/2005 YES 413.80 .00
10/14/2005 YES 455.25 .00
10/14/2005 YES 546.97 .00
10/14/2005 YES 306.00 .00
10/14/2005 YES 38.50 .00
10/14/2005 YES 642.00 .00
10/14/2005 YES 908.26 .00
846.13
15.00
853.00
42.00
954.79
260.80
855.45
175.00
166.22
195.26
769.05
107.40
150.00
34.25
450.00
235.55
69.99
88.10
115.63
70.87
138.78
374.00
857.40
275.00
63. 99
60.75
124.95
26.23
165.20
141 .70
160.00
68.80
285.61
65.00
175.00
175.00
251. 78
48.45
109.97
86.37
102.24
198.43
111.96
192.14
109.00
377.51
413 . 80
455.25
546.97
306.00
38.50
642.00
908.26
1
4
1
16
1
4
1
16
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
WILLIAMS ZOGRAFOS & PECK
WOODBURN CHAMBER OF COMME
WOODBURN FAMILY MEDICINE
WOODBURN INDEPENDENT
WORLD MEDIA EXPRESS
YES GRAPHICS
VALLEY MAILING SERVICE IN
TYLER D HANSEN
ANNALEAH G GABOURY
CITY OF WOODBURN PETTY CA
VALLEY MAILING SERVICE IN
ADVANTAGE PRECAST INC
ALEXIN ANALYTICAL LAB INC
AMER SOCIETY OF CIVIL ENG
AMERICAN WATERWORKS ASSN
ANN FINCH
ARAMARK UNIFORM NATIONAL
ARAMARK UNIFORM SERVICE I
ARCH WIRELESS
AT&T
BAY MEDICAL COMPANY
BEERY,ELSNER & HAMMOND LL
BEN-KO-MATIC INC
BIZON PARTY RENTAL
BLUMENTHAL UNIFORM & EQUI
CAPITAL PAINT & DECORATIN
CENTER FOR EDU & EMPL LAW
CESSCO INC
CHEM-DRY OF SALEM
COASTWIDE LABORATORIES
COMMUNITY TRANS ASSOC
COOKE STATIONERY COMPANY
D&S AIR & HYDRAULIC REPAI
DAVID DELLENBACK
DAVID M COREY PHD PC
DELL'S CUSTOM UPHOLSTERY
DEMCO INC
DEX MEDIA EAST
EL HISPANIC NEWS
ERNIE GRAHAM OIL INC
G.K. MACHINE INC
GALE GROUP
GATEWAY COMPANIES INC
GENERAL ELECTRIC CAPITAL
GRATING PACIFIC LLC
GROUP MACKENZIE ENGR INC
HACH CHEMICAL CO
IBM CORPORATION
IKON OFFICE SOLUTIONS
INDUSTRIAL SUPPLY CO
INDUSTRIAL WELDING SUPPLY
INN AT FACE ROCK
JET HEATING INC
81243
81244
81245
81246
81247
81248
81249
81250
81251
81252
81253
81254
81255
81256
81257
81258
81259
81260
81261
81262
81263
81264
81265
81266
81267
81268
81269
81270
81271
81272
81273
81274
81275
81276
81277
81278
81279
81280
81281
81282
81283
81284
81285
81286
81287
81288
81289
81290
81291
81292
81293
81294
81295
l.,)
l.,)
.
PAGE
AP0460
VEEOT
C I T Y 0 F WOO D BUR N
CHECK REGISTER
WOODBURN LIVE
DATE 11/08/05
TIME 11,12,11
CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
====================================================================================================================================
10/14/2005 YES 26.00 .00
10/14/2005 YES 484.55 .00
10/14/2005 YES 29.90 .00
10/14/2005 YES 320.00 .00
10/14/2005 YES 156.92 .00
10/14/2005 YES 244.62 .00
10/14/2005 YES 200.00 .00
10/14/2005 YES 25.95 .00
10/14/2005 YES 222.34 .00
10/14/2005 YES 967.00 .00
10/14/2005 YES 204.52 .00
10/14/2005 YES 864.30 .00
10/14/2005 YES 19.90 .00
10/14/2005 YES 149.70 .00
10/14 /2005 YES 153.34 .00
10/14/2005 YES 135.00 .00
10/14/2005 YES 82.95 .00
10/14/2005 YES 172 .16 .00
10/14/2005 YES 423.48 .00
10/14/2005 YES 306.37 .00
10/14/2005 YES 969.41 .00
10/14/2005 YES 50.00 .00
10/14/2005 YES 30.95 .00
10/14/2005 YES 344.95 .00
10/14/2005 YES 212.00 .00
10/14/2005 YES 946.46 .00
10/14/2005 YES 59.99 .00
10/14/2005 YES 73.41 .00
10/14/2005 YES 475.76 .00
10/14/2005 YES 90.72 .00
10/14/2005 YES 142.33 .00
10/14/2005 YES 230.91 .00
10/14/2005 YES 213.95 .00
10/14/2005 YES 26.00 .00
10/14/2005 YES 761.06 .00
10/14/2005 YES 687.50 .00
10/14/2005 YES 19.00 .00
10/14/2005 YES 65.00 .00
10/14/2005 YES 477.82 .00
10/14/2005 YES 614.43 .00
10/14/2005 YES 164.80 .00
10/14/2005 YES 500.00 .00
10/14/2005 YES 200.00 .00
10/14/2005 YES 579.18 .00
10/14/2005 YES 759.05 .00
10/14/2005 YES 279.15 .00
10/31/2005 YES 691.54 .00
10/31/2005 YES 14.77 .00
10/31/2005 YES 518.52 .00
10/31/2005 YES 350 _ 00 .00
10/31/2005 YES 077 .19 .00
10/28/2005 YES 160.88 .00
10/28/2005 YES 279.12 .00
26.00
484.55
29.90
320.00
156.92
244.62
200.00
25.95
222.34
967.00
204.52
864.30
19.90
149.70
153.34
135.00
82.95
172 .16
423.48
306.37
969.41
50.00
30.95
344 . 95
212.00
946.46
59.99
73 .41
475.76
90.72
142 .33
230.91
213.95
26.00
761.06
687.50
19.00
65.00
477 . 82
614.43
164.80
500.00
200.00
579.18
759.05
279.15
691 . 54
14.77
518.52
350.00
077.19
160.88
279.12
95
4,
1
1
3
1
1
25
96
1
3
2
3
2
101
2
95
3
1
1
25
96
3
2
1
4
3
2
101
2
1
1
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
JOHN PILAFIAN WINDOW CLEA
KENNEDY JENKS CONSULT INC
KOT BOOKS
KUKER-RANKEN INC
LA QUINTA INN & SUITES
LANGUAGE LINE SERVICES
LAWRENCE COMPANY
LES SCHWAB TIRE CENTER
MARION COUNTY BLDG INSPEC
MARION COUNTY CLERK
MATTHEW BENDER LEXISNEXIS
METROFUELING INC
MICRO MARKETING LLC
MOLALLA COMMUNICATIONS
NOR COM
NORTH CREEK ANALYTICAL IN
ONE CALL CONCEPTS INC
OR DEPT OF CONSUMER
OR DEPT OF TRANSPORTATION
OREGON P.E.R.S
OREGON P.E.R.S
OREGON STATE POLICE
PAUL'S POWER EQUIPMENT &
PORTLAND GENERAL ELECTRIC
PUBLIC WORKS SUPPLY INC
QWEST
RAD IO SHACK
RAM STEEL INC
RIDDELL ATHLETIC PRODUCTS
SHOWCASES
SIERRA SPRINGS
SILVERFLEET SYSTEMS
SOUTH COUNTY ASPHALT LLC
SQUAD-FITTERS INC
SUNBELT RENTALS
TASHMAN JOHNSON LLC
TAYLOR HONDA
THERMO FLUIDS INC
UNION PACIFIC RAILROAD CO
UNITED DISPOSAL SERVICE
VHPS - ACCOUNTS RECEIVABL
VIKING INSTRUMENT LABORAT
WOODBURN FIRE DISTRICT
WOODBURN INDEPENDENT
XEROX CORPORATION
YES GRAPHICS
EBS
OR DEPT OF REVENUE
DANIEL PETERSON
SALVADOR SANCHEZ
VALLEY MAILING SERVICE IN
ARAMARK UNIFORM SERVICE I
CANBY FORD
81296
81297
81298
81299
81300
81301
81302
81303
81304
81305
81306
81307
81308
81309
81310
81311
81312
81313
81314
81317
81318
81319
81320
81321
81322
81323
81324
81325
81326
81327
81328
81329
81330
81331
81332
81333
81334
81335
81336
81337
81338
81339
81340
81341
81342
81343
81344
81345
81346
81347
81348
81360
81376
lI.)
~
-t
-4
4
PAGE
AP0460
VEEOT
C I T Y 0 F WOO D BUR N
CHECK REGISTER
WOODBURN LIVE
DATE 11/08/05
TIME 11:12:11
CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE
==================================================================================================~-==============================~=
10/28/2005 YES 150.88 150.88 .00
10/28/2005 YES 362.00 362.00 .00
10/28/2005 YES 220.04 220.04 .00
10/28/2005 YES 409.48 409.48 .00
10/28/2005 YES 671.65 671.65 .00
10/28/2005 YES 405.97 405.97 .00
10/28/2005 YES 85.32 85.32 .00
10/28/2005 YES 057.03 057.03 .00
10/28/2005 YES 611.20 611.20 .00
10/28/2005 YES 130.00 130.00 .00
10/28/2005 YES 062.85 062.85 .00
10/28/2005 YES 51.00 51.00 .00
10/28/2005 YES 653.65 653.65 .00
10/28/2005 YES 195.49 195.49 .00
10/28/2005 YES 625.20 625.20 .00
AP TOTAL: ------ ------ --
056.15 056.15 00
3
1
15
1
1
1
2
3
3
1
1
1
2
3
15
1
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
RECONCILED
CASCADE POOLS
CLYDE WEST
COASTWIDE LABORATORIES
CONOCOPHILLIPS COMPANY
CTL CORPORATION
ERNIE GRAHAM OIL INC
GERTRUDE REES
LA GRANDE INDUSTRIAL
LARRY W WELL
MCCORMICK BARKDUST
METRO FUELING INC
MILLER MACHINE TOOL SALES
NORTHWEST NATURAL GAS
PORTLAND GENERAL ELECTRIC
TRAFFIC SAFETY SUPPLY CO
173 CHECKS
81380
813 85
81387
81391
81401
81411
81421
81444
81446
81461
81464
81465
81475
81486
81509
BANK
759
759
759,056.15
.00
.00
759,056.15
.00
173 CHECKS
CHECKS
CHECKS
173 CHECKS
CHECKS
RECONCILED . .
NOT RECONCILED
VOIDED
UPDATED
NOT UPDATED
lI)
~
....
CHAY
LLC
November 14, 2005
Reg. Woodburn Community Center
491 N. 3rd St., Woodburn, OR 97071
Dear City Councils and Madam Mayor:
My husband and I want to thank you for giving us an opportunity to present our
proposal to purchase the Woodburn Community Center. We regret that we could not
attend the meeting due to my urgent business trip to Chicago, and my husband Joonees
had to take our 10-year-old son to his final football game ceremony tonight. Our
representatives, Ms. Joan Ormsby and Mr. Chuck Sirianni, will be present at the council
meeting to answer any question you may have.
As indicated in our presentation, our family has been in the real estate business, in
Oregon, for over ten years with a proven track record of redeveloping a community
centric building the Masonic Temple on 39th and Hawthorne. We developed this 95-year-
old building by working closely with Multnomah County planning and zoning, we
preserved its historical characteristic while improving local community value. Because of
our successful track record in real estate businesses, we are fortunate enough to make
additional investments, with well over $1 million in cash reserve, to improve certain
community centric properties such as the Woodburn Community Center. We believe that
the community can benefit from our endeavor as we feel this is a way to give back from
the fortunate experience we had in the past.
We have carefully reviewed the city zoning requirements for the use of the Woodburn
property. We recognize the potential traffic impact and limited parking space. For this
reason, we have already identified a potential master tenant, Ms. Joan Ormsby, who has
many years of experience in dealing with similar property in SE Portland. She is a kind
and gentle person who cares about community value deeply. We have no plan to make the
property to draw heavy traffic or have large crowds to disrupt the present neighborhood
environment, such as restaurant or locally zoned unacceptable events on the property.
We believe our proposal to make the property the Woodburn Art Center would be a
wonderful thing for the local community. It would highlight and preserve its original
characteristics of peace and harmony for the local Woodburn community.
Thank~ndlY,
~~
Managin~~
2020 SW 8TH AVE. WEST LINN. 97068
PHONE: 503.358.7680 . EMAIL: ANNETTE@CHAYREALTY.COM
i I
No~ 10 O~ Ols50p
5D~-aBl-?042
p.2
Dave Chr"st.of"
111
SELLER'S COUNTER OFF"
, "1M ar.ton ........... Apnar ... __.......... '- r.r IRIIIIPII- with.. ....ClIIIIIII ~ .. ~.net .........
Z .................. ............ ;
: A.: R..I ~ .... "D*'Mnt No. --1J C5tY; : D.... '118121M1a
, h~ .." ~..._
IS sellltr. C~ 1lIf"""1I1l)
1 11Ie .... preplrty dIscrIbed -= .. N MIl 11'............ qa IM'H
. .... .... to ... ItIe rNI IIld pefIClnal PJOtMIlY Ipec&d '" II.... 'off., an "'II t."1III IlId COIldlllcln. In Buyer, offtr, ...,. _
I mOClhd blllaw: .. $Id'" A
10 For IIddllonal prClVlllan., ... Add8n.", A
11
1J
13
14
15
,.
11
1e
111
20
21
22
za
24
28
28
2't
2a
211
30
31
.tGRE.-..n' TO S&U.: <
All prowtlTonl of IhII oftr (or GDunllt' olrtrta), ... ....18) nat olll8lwfM mlldlled, .. ""rOllN Iftcf ICCtJIlecI by Sel..... Time.. or
."u......ar."'lIllC111n..IfI"... nIUGuna.or...r'~"""'onD...""..t . 2!!! ..m.. p.m., f .at aac.ptecl
withIn" tIm& H..... Seier IDlY wlthclNw III" CDUI!W .. II., 11m, prIot to wrflten'lIlIGeplInCII. nil GOlII'ltet offer "'II)" llellClC8pkld
by 8u,er 0It1r lit WriItnt. i
"1uy.-1OOIIptI SdlI" COU~. GI'Iw. Seller 1IIIfII- to par 10 the S"me ..mn. Of If Ihll~' ~op tr,nllotlon,1M LiIIfnI Firm. _ sum
fllt.t._ f<< P......... ,.. ...... ..... ......d lit e........... SeIIIr IIl1th_b:_ I-I111ng "Imlto
ardw. pre/JminJt1111l1 repeIlMd11lre No~ It ....... .1lIHIfII... fIr....1Ith IIICIaW to INlY out of1he CDh prooaedI ar ....
1M 1IlIp...... DI f'llnlllltlll,IJIII "'11l1l1I,,", ......,. JtCCIrCI"t,... ....,.. -int C;;. .IY lll1l:UmbrallC8 on U. prclIlIIty payllltlllty
Sellar on ar WorIOIClltl"1 s..., It . U.S. oIlIHn unflIN ...... ..... '*"' (See PTA _1IH In Rut EllIIIISaI. AGreelllent).
SSWiR ACICNOWLEDGES RiCElPT OF ^ COIlfll.&T&LY PIJ.!D IN COPT ar IIU S OFFER AND SI!IUR'S COUNTER
OF",R. WHICH SILLER HAS FULLY READ AND UNDElt8TANDS. 881.... Ickn ealMt _w!la. not rteelvld or 111'" 011 any
.......nt 1ft.. by In, r... tlltate IIctn... whlclll " IIOt hIII1Ill tQl'IIMd. In the .pent Bur- ,... to camp.... tile ..It II h..
PfO\IkIIIlI. .. ~ ,,*,er 1M. b. dfa1rIIuIId .. foIIDwt .... dtd...... d .y tlIle ... l11li ,,-GIII eallCtllllllM aNfSn: (oheeIl
ane) C FIIst to tllelAtllltl Fim, to the .:dent fII.... ........ UlMlI.. JOlt . r the .,....1Dn h. been eoN""""lttd. wllh raid.. to
Sellar: Mill ~ '
s.IIers.s; ~ DIQ )I~JI /".... 2nf'S(' _..m.tl'.r@
i
32 Sellar Sign....,. 0.. , . _I.m. ----p.m.
:: ~RDl8'rTOPUllQfASII: . t2.. "-n n~~; ~Ol.-. PH1~ Crtu-
35 .....~.. u.,.. sew. COlI"'" off..-- \;\A.l 0"'"' ,vc~ \l (i) f\ . r It::- I ,}
= ~.... Sell.,.. counter affer. OR 0 8uyw 1MIc.1II. ...011.. CDllnllr oIrIr. r "",. "1 ) ftt.1. '\ 1(/ {) S-
: :"'.- ~:= ;~ ~ __....-P..
.-rSle".... == ::~~~~___~ Din.
~ .
41 ..~ AGIOIOWI..mGIENT: 1
=. -~_....._--....,.........._--.......-
~ _/~~~S-~'"
" ." DIIe ---3 . _I.m. --,.m.
41 . --,l
48 Rl!C&IPT OF IANlMT ~ (UN OIllr' MMIIIt rftOn" ~ 1ft ~ alfer It 4h1lltl1ld by 8."", counter affer).
.. Sella "" Finn 1Ck1lOWllcf.L_ r~ af ~m." mDIMIY hIn Slipi' NOT "lVIallllly _arp~fat' In .,. sum 01 S evldlftClad
110 ~ *", 0 ch8ak. 0 ptemlllory not.lHIJaII" 11ft at blfoN .-:. which SellIng Firm ag..... .P 11111dle e.
51 prcMdecl in tile --melll r
~ .~- i
-- Selling LfclnJ_..lIIRll....r.
54
iii
56
L."" I.k;en... "Mold ~ ~
Lilting Firm BtDk... InltllllslD i)a-: J 11- Y - D S-
02005 0nIgan "*' EIre FermI, u.e tnlO5
OREF on.1
~ 1Jatn.....__
"'lint 'ImI Brllkr. 1.1IIaIIJD... /
Noparllen lIlIIIIf..r......~ ~aIon 01 0nIg0n RuI....Fcwma. u.c:
'I
.4
1
eg/~'/28" 85:11
583"71158
lJRMAN
p~ e2
" ADDENDUM TO REAL .STATE 8AL. AQRIEMENT
TN 0..-....,... a..., __.............,., I r _.............. .......Ill....... ........"......................... ~
"",,1& a... A~ to: ~ Ed8 ..,. ~n' .0 SeIWt Co~r Ohr C SlIJVI ~ltt Off.,.
"-i AMI EatIIIO ~ AI-n.ns ND. ~ \~DIIed ~ Addelldum No. e:' ·
iuyot; LV\OLA LV ..
8e"Itl_c:.~ \~~~ '
TPlorllOllJ)tODDrtydtlc~.... . S\~~Q~) v'{~~(", ~~\.
,
...
SII.LIA /JiM) .,.,... MlilllUlY MR" THE I'OLLOWIMG 1ttAu. .~ A PARt "" THE RML UTAft SAU! ·
AGflelll&NT R5F"'....CSO A8OVI. ·
~~t.~~. ~\c~_~~ ~?~,~ ..
.. '
.,
.,
..
"
..
.,
~~~ ~4., ~~ s:.....,\t~1n 1?~"" ~:
.
u
to
III
.
..
.
.
.
..
"
.
.
.
=::t
,...., Signa"'...
Sellet a~~..
e.......... ~
LI8lIng ~. -'''..
ulllntl FIrm If., InilialalD_ S4I1I1ftg Fitm BrvMr J~." I ..
...... _..-~.....--~..... ~ ~ "---fat J Pa~"
ONfIII',... "-- r.-. u.c. . ..twll,-"......-,.... ~........,.... ---+-
-0...,----- .~I.~
0_ OIl ..., AOKNOUIlI ~...... "'fATe ..loa ...........
~ ~'~s~ ~~=~~19=~~~~
0.. . --AM. _PoW. ..
o.a.
..
a'd
+08S.22L'E09
~.l.I:) ')I s..uoor
~9D'lO SO El ^O~
T
CHAY
LLC
N()..unbc.-~ 14. 2()()5
Reg. Wooc;lblltft CommunilY CunlCt
4c)1 N, )'4 St.. Woodburn. OR 97071
Dcar City ~uncil~ ~nd Madam Mllyor:
My hu~hand :md l want w Lhank you for Sivinv. u>> IU1 opportunity to pfClCnt Out
prupoG.! 10 purc:hWM: the Woodburn Community Cc:ntw. Wu re~reE that we,: could nat
:au~ncJ OW mM\in~ du~ to my u~'"t busjness trip to ChicolJ,O. W'ld m)l hw.bund Joon__..
harJ to taka our 1 O-ycar-old ~on 1,&) hilt Linal tbotbaall pine ccramony toniiht. Our
n=p~ntativ,,~. M16. Joan Omllcb)' :md Mr. t.'"huck SirlWlni. wiU be pn=*=nt dt the council
nl~il\~ to W'lswa';an)' question ynu muy have.
AN indieat.:d in our prca~ntation. nUT rwnily hWl bean in tIb: ~ cs.'ltllle bU1.Cin~lIs. in
O",~('n. rot owr tltn ~ with a pmv,""" trnek ~rd or r--duvclopin; u COntnlunily
centric huildina the M~(tnic Tempt. on 3911111Dd Hawthorne:. We <kvQlnpc.-d thUe 95-ycW'-
old buihlin" b)' WC'lclcing closely with MuJtnomuh Cuunty pJlUlDinr. a.nd i".onina.. we
p~~l'VN ib bi1.Ctoric:a1 ch~tcrillti~ whlre improvinslocal enmmunity v.ulue. Bl,;~ulk: of
our sue~ruJ track regon! in real estate businc..". we DrC rortunato enou;}\ to 1ftake
ildditionw invc:~Lment:s. with we::lJ over $1 millioD. i4 CNh n:~rvo, to tmpro~ "rtuln
cul\U11unity centric propertic:s ~ucl'\ ::as the Woodburn Community Cen~. We "'=licvc t"ut
lh4,; \:ommUnily eM bc:ru;t1t from "ur cnd~v()r a:. wo feci thilf 121 U WAy to ~ivl! btlck from
U10 fottunutl: eXP'o'tic:nce we fwd in \hi; pftllt.
We have <.:antlully rcvi~ the city lCOnlng. rcKIufrcmClltll for the: use ofth. Wuudbum
propc:tty. We rcco."ilf.c 1M potential tra11ic impw:L and limited plU'kina spueu. For thi~
fea$On. we have already idcntifi~ a pt'ncntiut mQfter ~anL M9. Juan ormsby. who hoB
many Ye4lni ui" expc=ricnc;c in dcalins with :limilar property in SE Punland. She h. a kind
and ~cntle ~'1'son who CUA:lC about cOlnmunity value deeply. We havu no plAn to make th'-"
pl'Op.:rty to draw heavy uut1'ic ot havlt tal'ilt crowdtr tu dhiNpt the pn:.."~nt neighborhood
l:nVitollmmL l'luch 0$ MCUlurunt or locally :r.once! unw.:ceptablc ~vcnUi un 1M proPl:rty,
w~ beJl~vc oW" propoNlI to mi'lKC tho prnpc:rty tl)t: 'Wuooburn Art Center would be a
wcmuurt'ul thin!, lbt the I,oeal cOlnmunity. It would hillhlf~t and P"'~C its original
e!'lanlclcristicl; of pC:~IC~ l1nd harmuny tOt Lhe loc:a1 Woodbum community.
'nuUlk y~lY.
L~~~"~
V1\rinctte M. Chiiy ......
ManaainJ Mcmbc~ ,
ZUZU:lW ie'I'" AVH . wli~11,INN . 'J10ltll
I"H'N~: , lt~,' SII, 7ltllll . I: M ^ II,; A N III In"I'~iI4l(~I"^ 'I'M ILAl.'rV .CU M
e..
.OB8'22~'e:c!:
~.~:l ')I s.J.Juoor-
"so a TO so et ^cloJ
T
lOA
~~ " ,,i\
~::. . "",\.{y;--4...,
~~.." 'I=. .... '
, . . ,. . . ,- ..
WQ.ODBURN
( fl ( J t /' 0 '.l t It d , S .If oJ
~~
.
.
November 14, 2005
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Public Hearing Related to Sale of Community Center Property
RECOMMENDATION:
It is recommended the City Council:
1. Reject the offer of $195,000 submitted by Chay, LLC for 491 N. 3rd Street
(the former Woodburn Community Center) because the City has
received offers of a higher amount for sale of the property.
2. Reject the offer of $201,000 submitted by Brian Lehman for 491 N. 3rd
Street because the City has received an offer that proposes a use with
less potential impact to the surrounding neighborhood.
3. Conduct the public hearing required by ORS 221.725 on the proposed
sale of 491 N. 3rd Street to Mikko Aaby for a purchase price of $200,000;
and
4. After completing the public hearing, accept the offer of $200,000
submitted by Mikko Aaby for 491 N. 3rd Street and direct staff to
prepare a resolution documenting the sale of the property.
BACKGROUND:
In June 2003, the City Council authorized the sale of the former Community
Center at 491 N. 3rd Street. The Building was taken out of City service due to its
deteriorated condition, disproportionately high costs of renovation, and
because City space needs have outgrown the site's capacity. The City
attempted, unsuccessfully, to sell the property for over a year. The property was
then listed with Hallmark Realty. On June 23, 2005, the City Council considered
two purchase offers, and approved sale of the property to Deborah
Higginbotham for $200,000. Ms. Higginbotham, however, was unable to obtain
Agenda Item Review: City Administrat
City Attorney _
Financ(
Honorable Mayor and City Council
November 14, 2005
Page 2
.
.
the bid for building renovations needed for a small business loan, and withdrew
her offer in August 2005. The property was placed back on the market, and
since then a total of five offers have been received. The first, for $150,000, was
rejected because the proposed use is inconsistent with zoning requirements for
the property. The second, for $180,000 was countered with full asking price and
was subsequently rescinded. A third, for $150,000 was countered with $195,000;
that counter was accepted. for your consideration and is included as
Attachment 1. Within the past week, two full-price offers were received, the last
of which offers to best any other offer by $1,000 up to a limit of $210,000. These
offers are included at Attachments 2 and 3, respectively.
ORS 221.725 controls the manner in which City property may be sold. The section
requires a city council, when it considers it necessary or convenient to sell real
property, to publish a notice of the proposed sale in a newspaper of general
circulation in the city and hold a public hearing prior to sale of the property. The
notice must be published at least once in the week prior to the public hearing
and must state the time and place of the public hearing, a description of the
property to be sold, the proposed uses for the property and the reasons why the
city council considers it necessary or convenient to sell the property. The nature
and general terms of the proposed sale, including an appraisal or other
evidence of the market value of the property, must be fully disclosed at the
public hearing, and residents must be given an opportunity to present written or
oral testimony.
The first of the three offers presented for consideration was received on October
27, 2005, which prompted this hearing. Notice of the hearing was published in
the Woodburn Independent on November 9,2005 (Attachment 4).
DISCUSSION:
The decision to sell this property is based on the City Council's determination
that the building is deteriorated, is too expensive to renovate and too small to
serve the needs of the community. With respect to value, the property was
appraised in September 2001. The appraiser valued the property at $395,000,
on the basis of Cost and Sales Comparison valuation approaches. City staff
viewed the 2001 valuation as high; it exceeded an earlier in-house estimate by
more than 100 percent. Evidence that the estimate was too high came during
the City's attempts to sell the property. The only offer made during that period
was $160,000. Hallmark Realty provided further evidence the appraised value
was too high. Hallmark valued the property, based on their experience with
comparable sales, at approximately $200,000.
26
~
Honorable Mayor and City Council
November 1 4, 2005
Page 3
.
.
The property was listed at $200,000, with a requirement that prospective uses will
be consistent with those allowed in a Commercial-Office zone. The property is
currently zoned Commercial-General, but is re-zoned Commercial-Office in the
Comprehensive Plan update. The rezone will limit the number, and reduce the
intensity, of allowable uses on the site to minimize impacts on the surrounding
neighborhood. Other City conditions include sale of the property in "as is"
condition, subject to City Council approval and the provisions of ORS 221.725.
Three offers are presented for your consideration.
In October 2005, Chay, LLC (Chay) offered the City $150,000 for the property,
cash at closing from the proceeds of a 1031 exchange, with a 7 day escrow
period. The offer was premised on completion of a buyer-conducted feasibility
study, to identify conditions that might cause the buyer to rescind the offer. The
City's counter offer was for $195,000, and took into account the retraction of a
previous offer when the City returned a full-price counter. The counter also
extended the closing period to December 16, 2005, to provide time for Council
consideration and to adopt a resolution authorizing sale of the property.
Because Chay's intent for use is uncertain, the counter offer also based
acceptance on the City's approval of the buyer's application for use of the
property. Chay accepted the City's counter offer, completed its inspection of
the property, and retracted the condition for a study from its offer. Chay has
indicated it is interested in opening a restaurant on the site; City parking
requirements preclude that use. As of the writing of this report, Chay has
provided no further details regarding potential uses.
On November 7,2005 a proposal from Mikko Aaby was received as a back up
to the Chay offer. Ms. Aaby offered $200,000, contingent on approved
financing. Included with her offer are a letter indicating that she is conditionally
pre-approved for financing, and a letter describing .ber family's intentions for the
property. This offer proposes a December 16, 2008'c1osing. Ms. Aaby, and her
partner intend to renovate, and live and operate a computer consulting
business in the structure. This use is consistent with uses allowed in the CO zone.
The City's counter offer reiterates compliance with commercial office zoning,
and requires any structural improvements made to the "residential" portion of
the use are consistent with the requirements of the Neighborhood Conservation
Overlay district in which the property is located.
On November 8,2005 a second back-up offer was received from Brian Lehman.
Mr. Lehman has also offered $200,000 for the property, but will increase his offer
27
r
Honorable Mayor and City Council
November 14, 2005
Page 4
.
.
by $1,000, up to a total of 210,000 to exceed any other offer received. Mr.
Lehman has also provided a letter indicating he is conditionally approved for
financing, and a letter discussing his intended uses for the property. Mr. Lehman
proposes a January 15,2006 closing date. The city's counter to this offer prohibits
events such as wedding receptions or parties at the location, consistent with
commercial-office zoning restrictions. As of the writing of this report, Lehman has
neither accepted nor rejected the City's counter offer. Information regarding
that acceptance will be provided to the Council at the hearing. If his offer is
selected, Mr. Lehman proposes to put the building into mixed use, meeting
space downstairs and office space upstairs. The meeting area would be
available as class space and as a location for events and gatherings. Office
space would house Mr. Lehman's Internet publishing business, and other private
uses.
All three of these offers are conditioned on your approval; you have discretion
as to which offer you accept. Your acceptance may be based on price, on
desirability of proposed uses and impact on the surrounding neighborhood,
benefit to the City, or a combination of these factors. The Council has that
prerogative throughout the public hearing process, with respect to a more
attractive offer that might be made by another party as part of their testimony
at the hearing. It is staff's recommendation that you deny Chay, LLC's offer
because you have received, and may accept, higher offers, and because
Chay's intended use of the property are uncertain. It is also recommended that
you reject Mr. Lehman's offer. Although his proposed purchase price is slightly
more attractive than Ms. Aaby's, staff has concerns regarding the impact his
proposed use will have on neighborhood parking.
It is staff's further recommendation that, after you deny the Chay and Lehman
offers, you conduct the public hearing required by ORS 221.725 and then
accept the offer submitted by Ms. Aaby.
FINANCIAL IMPACT:
The recommended action will net approximately the City approximately
$187,000 for the former Community Center property, after paying brokerage
fees and the City's share of closing costs. This money will be placed in reserve,
to be used to buy or construct a new community facility.
JCB
Attachments 1 through 4.
28
/
\
(
From the office of:
ATTACHMENT .:1fe
Page --1- of
JuUa UnD8Il IV ~ ^'A '
John L Scott. NE Portland ~"1 U
1205 NE MLX Jr B1Yd, Portland OR 97232 1 t1 0 V (
- Cell: 5m-367-9024~~O D II J 3 r Ii ---l
Fax: 503-230-8650 . ~ r'\) '{.
~
To: David CbrilOff
POdSCS (Includllll Cover): 8
Date: October r1. 200s
Re: Offer on 491 N 3rd Sl, Woodburn
Dear David,
AttKhed i. my client. offer to purclwe the propeny ar 491 N 3rd Street. AI J cxplaifted to you
Oft the phone, my client i. makina a cub offer II put or his un 1 Exchan.c. AhhouSh we havc pre_
8Cfttcd aD oller below the uana price. plcaac take note that my <:Uent haa inspec&ed the property and even
th()uSh much work i. needed. he i. offenn, to purcltMe the property '.81 is" wilh no .0 to be done
by tho sellcr and no additional conccllions uktJd for. My client is anxioul tll clO8e II I0OI1 III possible.
wi1hin 7 bU8iRCII days if it il acceptable to the City of Woodburn.
Please let me know If you have any additional questions or concerns. The best number to rach
me on is 503-367-9024.
Thank )'OU,
Julia Unnan
29
(
ATTACHMENT 1
Page .J.-- of --4 ~
(
1Q
-
[ ....~. AU 'C>2..:;ct; ~
FINAL AOIMCY ACkNOWLlDGMINT
8cMh B~ Ind Seller ~ Nvine *-Mtd lie Oteeon R... Eatatl Agency DIIcloIu.. PImpIlIet. II1d hlreby acknowledge ind
CONM ta.. ~ ~ ~ In 11'111 1rInuctian: .
(1) ~M\(~\CA'" (NMWafSellntLIctnMe)of ~ l. C;Co\T (NlIINofR...Etl*FItIn)lIttwlQentof
(c:tlecik ~: ilh ~~. 0 The WIt -...,......w ("1elJer AGe"iWt().[JiOth the luyer and ltle hIItr f'OiIGIoted Lin..
~'d ~ ~
(2) Tn.J\ ('...l-\n~ (N8mtofLII....LlctntM)Df ~\Im~ :hI~ la..... (.....of.....
&tat. 'Inn) Ie 1M..,. of ( one): WThe 811"~. D... B~ and.. ("DllcfoMd UnIted~.
(3) lbatl........ MIdI.......... br en or ITlCR ~ In ChI .... AM Enet F"1Im, n Iwl.laenaMlIIWIUpIIvfIId _ fti...
prtncIpIl...... In... RtIl EIIIII FIrm, IuwIr Md SIIIt 1IdcnoI'."" thIt uid"",............ become Ule ~ I~ eoent far
bott auy.1nll .....",. utt _IINd In the DiIdated tknlMd ~ AgI'Ml1lel'lll hi t-..1lMn ,.....,., Ind IIgned '" ~. SeIIr
Met UcInIM(.). .
Iqw... ....... 8CIIIlO.~I..JWIl at the IImt of....... ~tMIbw ~ lit..... ....."......... ac:.IcncMIIdoIllIlli II
"'-lime '* lit , ....." '* AQtMmInt wi! tie ,..., ar e caunw offIr wII"~. s.wlitflllln tA
Ihia PINt ICCePIInce 01l1li "G.....-.nt or My tItmI therein.
Ptlnt (\-\nl A L L'-
PrinI '
PrinI (tt ~ ~ II) DO [) g U. tzA)
,.
TIlle ~ lit InIIRdell to ...... hi. ..... and ~ COntAct.
.. II not .........od. .... COllI...... l1li1 MvIce ..... ."".
t. DEPNrIONI: MIdltencllIn .. ~ 10: "LilInIee" IIld "Am"... '* ID .......Ind.... real..... "11aIntId In IN
8.... 01 0Ng0n ... .. ,...... .... -- COIIIpII'I/M wMh wtlklII"- ......... The Uc8nMI(I) IN JIJtnI(.) identIIIcIln the FNI
~ Aclcnawfl~ INIon...... nat...... >>........... __ Mmar be ~ In 8edIorlI31, 32, 31 end 31 below.
Un-. aIhelWIIe prMied hMIn: (1) 1l'ne CIIkluIIlId '" _............... and Iuytr I\M IVIed IhIt AQttem.N....1farl on "-_
....... ~...,.,. dill.,..".... ~... tlgrlId .... 1lIa.....-. tra.dna~.). if ~: (2) wrm. ,....
...... or.-mtIIN under" .........ID be deIvMd ID ....01'... ~ tie .......ID tlelr ~ LIce"... wilhthe IImt effId
.. fdeMfld 10 thII.... ar~ (3) e "buINM dfI/...."*" endlnclulle Mander IhnxQ1 Friday. .... ~.... tIOlIdayI.
~ in OR8111.010 Iftd 117,020.
Z. PRlCIINOPI!IlTY DUCRPTIOH: IU)W~~ ~CMA \..\..L
oftn III IK'I'ChHt tom.... (pIInt neme(.)) """ "" ll.,,,,, ,)
.. foIlcM1ng dltctlbed praptrty and .lIlmprowmentl (""""'~ .... Praptrty") "'ted In the State of Ol'lClon. County of
M(}.~ i ~ l.f~ ~~ ldenllled ~~ 1Iddntu, ~b cacIe, tax IdInUICIIIOn number, lIndIclr lot-bIock
~. ., \ l.=Jr. 'O\..-r ~ DI -=t- \ .
(..... n ."..... thellf.. not ~ hIrIIn~' ~ ..... deecripIon.. provided ~ the ... _1W1Ce cornpenv In ICCOIdInce
.... 8Ic:ton 4, beIow, IhII, where NOtIMlY, be UHd for pWpClI.. of 1Ig1l1dentlftca1lon end conllly.nee of title.)
for.. P'I'CIhMe pIIce (In U.'. curNncy) 01... ...... ... ..".. ......." .... ,..................."........................................".......,,,..... ICSo, c><:>O
on.. foIowtna 1ImlI:!ImItt~ hI...1ft .....lDr ...................... '5,~
on I" tddillanelHrMttmone" the lum of............ .C'
:::.-..aa::=-:-i=or= riiACT';;;_Oi~:, c, Ow nLlMAl_"E'1' ::~:~
_._(--.,..._)I.bo~c)~{\s;"~~ I~~ d .
~~~ ~ ~~ il'"l b~~1' ~, dltaJlIl"'~um ,
a. 8UYD IUlPREHNTATIONIILOAN CONTItOeNCY: At 01.. dllafl..... "'.,.1,1qer hit IUlIIcIInIlrda MIIItIIe 10 doll
till"""*" 1ft IIClClOI'dInct wlth ItIIIMnI ~.... Md II not ~ on ~ contIngenI toUtCe 01 fWtdI (_,g. from 1oww.;III. ... or
dOling of propeny. .011< cllluUmtfttl, *). "",... ..... ~ In tltll Agrttmlnt. IF... NEW LOAN '8 RI!QUIRED. THIS
1'IlANUCI1OIl181tJ11.lICTTO _ANI PllOPERlY Cl\MUFYlNG 1'ClRTH& LOAN_ ~_IIEINO NOT
LESS THAN lltE PURCHASE PAICI!. .., .... tG "*' WfiIiIn lain tppllcllloft not... "'" buIIr-. dtya (ltnt (3) Ifnat tied
n) .... the daIIi SII<< Ind ~.....Iigned Ihlt ~ and ........ complete Neill., . .nd eIcert beIC eII'oI1S, ~
pIyment 01.. ~. IPIWIuIInd JlfGCI.1ng ....In ~ tD ~ "loin. ". can~ " IClIIIy far 1uytr'1.....1I"4 milt be
wtNwd Dr 111/-"'...... ~ IUIhoItuIIlftdllIo ptCMde non-oonftdenlIe Worm,lIon 10 lilting .nd SeIne l,,*--1WQ8IdIng ,lItuI 01
f.=~::;
. o..a-ltNi....,.,. LLC OWl
eM, ..,..
No INdoft ~ lie -.,.v"''''' wlNll.........1IIIlNIoII 011 ar.,.n It.. ...... ...... LLG
RUL ESTATE ~ AGREa.e.T . COMf.1ERCw.. PIga1 of'
~~
1
2
3
4
5
o
'7
.
.
10
11
12
13
14
.. 15
.. 11
. '7
.. 11
,.
20
21
22
23
24
25
a
21
2.
28
30
31
32
33
34
35
3e
37
38
38
<40
41
..a
413
..4
45
o4G
..1
-48
4..
50
51
52
30
( ATTACHMENT l
( Page 4~ of 1~__._.
[ .............. ~l.:J t 0 1.~ I
IhlIoM. I' PtllPl'1Y It Iac8eId In I dIIlgnated Iooi ZOM, Buyer ~ lilt lIood "*nnoe may be NQ&drId . I conr:tlIIaft ofh new 53
loan. luy. II encocngtct to PIOmPIr ~ 1he IWItabWly .... co.t of praptttylcMua_InIUr.nce Nt WIt be HCUt. for the Property. S.
4. 11TLI ~ UnIeeI oi1eNAM IlftMded hIIIIn. ........ it Ulfect to IIU)IIr'8 nMew 1nd'PPRMI ofhlllClpllonl dilCf"" &I
on · plWlmlnlly lit "PaCt C"thI...., Ihc>>ltV .. CDndIIIOn of !lie "the Ptoperty. (If not ru., UnMratoocI, aurer .houIcI..."'......, 58
COntMl.......InIurInae......,..,.... tnIonMttoft. Nell CGIIIpI~.......... NIeer the LIttInt nor.... ........... 61
.... ......"..... Oft...... ..... or ..........) Upan --...on ofllll ~ ~ 8eIIer Ind 8u)w, SIIIr wi, II 8tWt IoIt 58
.~. pRlI1lptf OIder"JIPOIt frant In 0rI0Dn.. NurMot~ Ind ftJrNeft... Buyw.... wtIh ~"'1Ild IIQIIiI copM 01 5.
II. UlltlOo. naIId In dwllpOlt Upon.... oJ"lIPIIt. Buyer lflii hIM _ bull.,... CSIyI (M (5) If not fIItd in) ...... within wHcb eo
to naIt1"", In wrDlO, oIq fNlIIf(1) ~1CIoMd In.. ~ WIllch IIIIrI ~. Buyer ("tIt abledloM,. ~. f'lIIute to ImeI, 11
object, ft wrq tea any....,... ~ In.. NpOIt..... CGnIlIIlAI ~Q of "- ...... PnMIlId,....., ~ fII\ft to 82
*"Iti ob;Id INtI nat 111M ....of....,.. Clllft4r IMI1 11It."'.........to 8IdIan . bIblr. If. wtiI _ bu""" cMyt (tv. (5) If nee 53
tilled in) fDlkMing -- oIlIeauvwt oIlIecIIon(l). If lAy. .. fa.. to fWnCM or c:otNCt IhIm. 01 cIoN not give WdnIn ...~ 84
I'MIanIIIIV ~"Iu)w..tIter wit be IWmlMd or ~ _ to III ~.... .. ---/nOfWi aha. be ...... ttlindtcf. H
Buyer end .. hnIecIon ""'be tInnNIId. ThIt 00111111'''4 ...-., Iar Iuyet'I bIndllnd may be ~ ~ .... in wrlIItV. Wbn H
thII\' (30) .. liar CIIoIInI. ...., IhlllUmiIh to Bww 1ft 0WftII". ...... <<ann paI~ of tile Inturence 1nIu,,", mwtcet8bIe titIIln IhI 87
Prop.rtv tit ~ In the_ 01.. ~ .. .... _ dur of" oI:lIec:IIonI.'nd .. atnIr lIIII.......-ct. be NmCMd. ee
p.t oIlhlt trlnuctlDn. So long · doing 10 "'-1,1:11 II no 1ddIlIaneI...... or IIblIItw to StlIIr. StIer.1 COOpIrIte in .. I'ItfONItIII e8
retpIdt MItt the dllvtIy tealUWW olin Ai. TA ~ forrn paller of IIIIe InIUllnClInd MV MdofIeme",. twqUlltlcl bV ~.,. 70
~~~~~-L~~~~~. E
~_....... --., ""*"Y__.. . ......_.... "
Ie.,. cI~. .... propMy.... wtlIc:h IN. lien but nal yet _...... zaning onIn....... buldlng .w UM MIfrtctIona. I'eMrVaIiDnIIn 71
r=.ctnI..... ".1YIel1ll 01 l'tCOId Whlch", '" ~. CXMnInlI. anIlfont and NIItfcliont 01 ttCOtd,lInd thole"..,. ..... by 71
~ pcnuetlI 10 8ecIlon .. ..... . 77
7. PlXTURa: T"lIdurMfil...O..nee.be"'UIXII't"p~._cfItltPnlpeny""'~ ~oIher~_tobl 71
left upon the PtCll*tY '''!he FaIowiIll: No ~'V 0 ~~S .'. :
e. . ~L "'mo .TV: ThlIoIOWI,. Plreonel ~, In .AI.... condIIlan II Included . . part of IMl P~ beInt puldllII6d: 11
~__o~ ~__.___. IfCll1lln 12
PMClftII ~ it D be .. I _lIIlhll....1I to .... I ..... ...... Wlue in -.an to .. Purctllte PrIclt,lht pt_ II
... to ""'1 .......1WhIbIt. JaInIw Iianld.IdInfIVing III ..., wJue(') cllUCtI PI'OptI\y wb'l_ ......... (~ (5) f not ftIId a.
in) following .. _ both INIltIeI h8Wll.....lhIa ~ 81
I. IXIITING LIA_. 1bt ~ O"'IBIlnat.~ID~OImaalllllln8'''lIha1d~.v.t'IIdlWlr.......'''"""" II
curr__... tam dell.. 1I~ .........."'..... comp/III and tegI)te OGP'- of the wrIIIn 1MM(a) D ~ for NMIw lMIhi\ 87
-......... (IwM (3) fnee.~ In) ~..dMa.....1nd 1uyIr""" ..,.It..~ StIIir and'" ahII "- _ ..
buIINII ~ (Iw (5) " not "'In) foIowIllIJ ~ 1Il<<*Pt oIl1luM(l) wiIHn whICh 10 rMctl . IIgned wrIIIf1",*"*'l WIlh Sek It
-eliding euy.tt ~ 0It. IMM(.) Iftd the condIIon.. if.,.". under WhIah they WIIb1 Illumed 1I'ldIar...... 'n 1\1 Mnlluctl 80
lM1IIn .....". Ie nat rIIChId wINn She time ~ ..... III HI'" money IhIIIIlI ~ to luyw IIld IhIIlllftNCIIon IhIII be '1
~. TlIII candIIon II far" benaftt oIbo4h .....nd ~,1I'id ftW/ not be Mtwd bV tilhIr pIfty wnhotA.. oIhtr'.... ~ 82
11. - LEII UPRIIINTATIONI; .... .................. III ....,..IIOtUIIIIuIa_...., WIIIIOUl further tlWM.,.... or Inquiry; (1) II
..... ... JuI-.......1UIhorMf .. tn.... ..... .... A.......'" ..... ~ the ..........In "10""''''' ... ..... tweot. (2) 84
".. II no ....................... ...... ...... ........ ........ or ......... whIah couIlII................, .... .. ..., 86
......IHMft.. ......... ... value ef 1M ,..,.,.,. (3) TIle ,~ II MIftI.,.,.1lId In rut compl'..... ...... all "', "'" .... ge
0f'dIMn."........... ~............. ...............C4).......... no 1atowI..... or..., haanloue ............ the,........., e7
oa..... aula....... (If ~.......... tn .............. equlPINIlt. (I)........... of no...........1trUcbnI dtftctIIln or Qtut II
.... Propt... CI) AI .....,.... wlrlnl. .........00II.... plu..... 'ncllnIgItIOn .qulp.......... .y........... the .....nM of.... 8t
Proptrty,lnaIucIItI.....,.. · any. WI. ... In .........., III ......... .ondIIIon " .. thne IIupr It ...... to ........Ion. (7) 100
bcepI- ....lMItIlft............. hM ... noIoe "an,.................... to MIIvIId .....1hI ~. (I) ..."'.... 1M '01
MIIoe ,..... an, IJOVM1IIItntlllalHCY 01_, ......... 0111. ........ .. the PrDptfty. (I)..... II not I "torIIIft PtrIOft" undtr ... 102
,..... ......._.t... RIll PFfI~T.. Aat ("JIIRPTA,.cIIIftH ............ betow. (10)..................., no4IIr __I, '03
................. ..... .......... of IrIJ IWIII CIr ..111*/1....... 00uId ....,,, IIIIIIdnI any ~................ 104
......"8. the Propertr · ..,,~., m ........ or Iftcorrtot. b..pIIo", to It.... (1) through (1 Q) IN: 105
108
107
~ 1cIcn~ hdlll8bcM ~ ... not WIr1'InIu ~"llDndtlan oJlhe Property and.,.. not. tUbl" b'. nor In 108
lleu of. IUVW"t GWt'IlWIIClNlbIIItv fa alftduet · IhNft.,h ,~ OllIIlp. ~..."'....lnw&lIo-lIw... ~., d. .... fA pru~. wnert 101
at~..::::..:__.____... 1::;* ~1t~
REAL. EITATlIALE AGREEMENT - COMMERCIAL. PIgl2 cf.
31
,..
(
AnA~"'MENT _L_
Page 14-- of ._.-4~-
CStlt~. ~\OL~
(
1PPr.-.. f1UII'lIng II m..... mIIIM ~ an lit COIldItIon at.,. Prapq, .. ~, and.. ~ IDrIu)Wl ~ UM. Nehr 110
Ihe UIIInt nor ...... ~ "'I' be ..."..,. far InePICtJnt Dr conducing '''1lnvuctglllon or '''1 llpacta of the Property. 111
1 i. "A'-Ir: IJIGepI rot .....". .."... -r1tIaIt ............ .....uten ........n..lo... -....lnad ......'n, .... ....,.. ~ 112
Dllclol..... · ."..... -"'r .. ...-ce-.", 1M Pro..- ..A....... In II. ...... COftdItlOlt ..... _ d .,.. ......I'Int. net 113
........ TNI ........... ftCIC.. COMtruId.......1urw'e .....1mJIIM ....... ..nan..... ".~. .... _ _......... f 14
under 0......_ 115
12.INIfIIGTIONI: ......1IftcIINIandI............ to h8ve I COIftpfetI-1*don attlle ProPl_" .....11.............. 111
........ .. .... ..... .. ...... ....... lIB ..... a nIocMnplCltloft. '''..enwtrorolMMlf llluee. IUrwr,1DflInIo .......... 117
er......nd ...... far lilt ....... .n............ Netttw.... UatInt '*....... Llee... ... IJUIOftM to COIIduct 1U0II 1,.
In'Plcl... ... .... ... . "'...n..... 10 ...... W.......,... "..~ ........ .......... ...... ...... .. ...."..... II 111
,.,... lit 0ret0ft .....,.,.. __ AcIv..., It hiIa.a-.. -aan..-...... a_ ar at ......u-.- .........~..... 120
AI. ~. -I*'M, ~ may "-VI III Property IIld .. """"'Iftd _......1heMof fnIPeCtId bV one or more JnIMIIontra of IkfIt(I 121
choice. lIuch inap...... be.. ~'ICIII rille MlI""",1nd ftlev OCCU It r-....m.. am.tlollawlng 1aIO,** notica to IeIar 122
'nd, ~ ~ 10 ~....... ClClCupyIne 101M III III otthl PrapeItr under "....... ...,... ......... or 1uI.. ~ IhIlI 123
~ IIld hofd.......... tam q and II c:IIInIt. .... ...... or .......1ncWng ~..... ....Ing tom lie aMy of ~ 124
CIt Huyet., ..... em~ ....tenf8tNM CIt OOItf8clorl. The sncedInt .......,. II ......, ~1IndId to IuMw 1M cIoIIng or 128
1trmInItof,0I1111..... Ivftr .....lPIatIceIy Idtnart In IIiI ~. ~ .....InIptClia,.. wIIIca~ 1nc:WI...... or IWfnOIIII 128
01 ~ pcdon 0I"~. ~~ M Buyer III'11pOr'111l1e flit hi ....., ot.,. PrDf*tW tit .. .... condIIIon far an, 127
~l(.~.) ........W brthl au,. 01 on...,.,.. bINI. 8uyw... ... _llUIInHIdI)I (tin (10)' nat _'n), ........ dati 121
W.1nd .... hlvllIgnad ..AlIrMmInt. ~... '""**"" Pertocr) In which 10 give 8eIIr or lilting l.lcInteI wrItIn noIcI 01 121
tIIrmlnIIon 01.. treI~ bMed upon ..... .'l1li,..".. MW' or.. ~ canduc:IId -"'IM !nip.*" .....lftwhld\, 130
c.., ...... mGIIIf IIMIlI be ~ ~ 10 Iuyw and .. hnIIctIon thai bI at no "'* bindng Iffec:t. Upon 1UCh"1lIIlon, 131
--..... ~ ,",,*. cop, fill ..... to.... aNt" 1'ICIU.1IId ~ .....11 JJuww... to pnMda ......01 LIItInt LIe....... 132
-- ............ at.." InI,.oI D IlIIIr m....... ., tile 1ntI_ at... .......... Pertad, ..., ~ bI........ tD have 1ll0llllM 1 U
... concaao. of.... Pro...-. 134
1 a. LEAD-a~1ID PAM INIPICT'IClIit IUbJMt to MItIIn InIItId ........ .... r".p.rty 1naI.... . ...Ide.... atructur. tbII_ 135
COIIIIructM ...,.,. 1m (hMIrMIfttt ..,....... ..........). . LMd ... II ..... DIe..... Ad........ ..........r ..... D1H....... 1.
AdcIentIuIn., ...... bllItnH .., ....r. ...,... Md UttInt ....... u...... Md .... put 0111* .... ~........nt. . UMt 137
~ ....,... T.... HouII.... MCIIuyar --.. ooMuct.1aId ......... -...MInt ...........II.houId belno/udM 138
.. · eonan....., In ...."'........ ,.
1....1!8CItOW: Thla IrInMGIon IhIlI be GoMd .. CJM ~ ~ A" ("EIaow"), . '""*-' ttc:row lacItecl in IN stall of 0I'Ig0n. 140
Cotta of EIcnw IhIII be"" .1IV1lIIween SIIlIr aI'(d~ oIaIrwIu proWled herein. , 141
11. C I!. CIolIno aha. ClCCUr Oft. dati muIUIIy I8I'1td upon by 6IIIr IIlcI Buyer, bg In no evw1IlaW 142
thin ..,. The...... "........., ........... II' -cIcMIlftt..... .......... Wheft 1M.... or tonlnct.. 14'
recordH ftIIdI... ......,.. II....,..........,., MIrno~.... for .......occw ~ the CIM.... Dta.... II __ be 1~
........" Ie ..... ..OOUInlftllIDll........ fun. In 1M,.. pIIor to 1hIt.... 1 ~6
11. PO.....ION: ...., IhII remov.... PIl'I.tD8l prapertr (including It.... and dIbtIt) thalli not 11*1.11" Jelnuc:llon, and dtlIver 148
pot"'llonof"~ID~Cc:Ndlane):RI"bVl:c!p.m. an"CIaIlng,,;O~_ _U..m.Up.1IL 141
dlYt a'" 1M doIkv dill; 0 br U I.m. 8p.m. an the day ot .If. 141
tenant .. curr. In _....loft oIlht Property (Check 0lIl): II~ wi. ICCIpI ..nt It the cIot"- d_; IXs.u.r IhIlI haVl ~ ''''
~ far 1Wftl0Vll ofl8nllll prlor tit '*-lno date. 150
17. PRORATIONS: Proratlt for I'IfttI. currentyur't ,.. Ind ptfIOnll Pf'O&!!'Ir...., lntIrtIt 9QJUUI'IItd obIigdo"., llnd oe. PI'IPIid 151
~ IItrbIIabII to the Pnlperty.... be pnnt,Id. of. (check one) U the CIotIftO dlte; ~d"'lqoer IlI1di1Jed to JIOIMeItan; or 162
0_ 113
".llLLIIra DOCUMINTI TO I' Dl!LIVIQO TO IUVM. (Chicle one) 08...., hM P,.IIIoUlIy dellwl'ld to Buyer cop. Gf III 154
dOcumeni. ~ ftlIIatIlI infonnetlon about IhI P/UPIttr "II S.1IIr lilt In SIIItt"I pat....loft or contrallndudlng but not ImItM tit 155
E and recn. ~ tit IhI OWI1IrIftIp, opIrdOn Iftd lNInttnIncla 01 IN Ptoparty ChnInIftar"R1IIvIInt BuIlt-. DocumInIa"). 1M
.... .... .. ~-\......... -- (tin (10) lfnat IlIdIn) Mcwq tie data... and ..".,._.............. 8t11erwl 157
tit hver RIlIvInt....... Docurnenta. In IddIlon to the R......... B. . ....r IhIII. Within the .em. pertod II 158
PRMdtd irflhll BIcaon i., 10 8~ the ~ 1ddII0IIII1nIotmation: 158
'. 150
11. UTIJTIIa: ...., """ pey .. utley billa IIC:CrI.lM II) .. 8uyer lI.rdled 10 IlGINUlon. ~r ahal ply...... fat heallng full Chtn on 1CS1
premlMe, aI .....tuppfler'I ..... on the pat....1on ClMI. p~ IhII be hlndIed belween BUYtrl/'ld ...... 0'*1* of ElCfow. 182
OJ, INltlIIl'N~.' Ie.., "'II 11M, ... '.op...t, "'I~ Itwu..d unuuaaamg. 183
· 0,....11 .. , U.C tlOl ,;::~ p.A,/)~1f~J:-
=~"=":'_"-""""'-__'LO ;-;;;,-?~~.
REAL E8TATI! IALE AOR!I!MENT . COMMERCIAL. PIQ8 :I of.
32
(' ( ATTACHMENT......~
Page --f- "f__ rlA, "0-
[....~, ^h'02.:=tb~ J
21. EICROW DIPOIIT: EICI'llW II ~ ~ by 8tIIIr 1M Iu)W ..1oIowt: (1) Upon )'OUr I8ClI/pt oil CllP't ofthll Agrwnent m.tttd 184
.reJec;tecr by Sellw or upon LIIIIng Film" wriltIn ICMce IhM 1M oIIIr II........ b1..... you 1M eo refund .. ..milt IIKlneV ID Bu,w. (2) 185
Upon yaw MCeipt _I COIIV of" ~1Igned by SeIlIr InClI euv.- up In ---1CCOUnt....1WC*d WIIh doling In ICCOI'dMct 1M
with Iht -- of" ~ If you .......... '" hnuoIon CIIII'ICIe be cIaIId far q I'MIClft ~ or not tWN Ie then . cIIpUII 187
~ IelIet and I~ you I.. to hold .. I...neet money ~ \11111 you ,teeM wntten Inltluctiane train Seller Ind Buyer ..ID 1e8
dll9Qdlon cf IUClh dtpoeill. 1"
aa.!ARNUT MONIY 'AVIIIH1'IIItIFUND: 11(1) 8tllIr... nallpIlIOVI" ~ or (2) SI....lppftMt.. AQIMIMnt but,.1o 170
lunllh IMlklflblllitlei 01 (3) .... filii 10 compIN thll tranuctlon In ~.. thIe~ or !*form Inv other Kt .. hM/ft 111
PI'OYictecI; ot (4) .,., condIIian wHch Buyer 11.. m-. In..... conIIngenc:y In tlllI AorMmMt (Ind h. not been 0ChtIWIM w.....),. 112
through no .... 01..,. ItIIn 1M "rMIlman.y I11III be PIO'ftPIIr ......10 ..,. ~. ICIIlIptInCe by 8~ of IhII'1bld .. not 173
cans'" a 'NINer cf.., _.......l\1li1...10 Buwer. If 8* ~ ItltI AgI'ttIMftt Md tiIIe II marMlebIt: and (1) _, hII 17.
~ 8uvw't 1InInclII1IIIuI; or (2) 8uyera... ctaea not PIr, --~ any chedc... .. tImMt montri 01 (3) Burw"" 1715
to ....... wMn due. "" "* gIvwl. ...... monew: <<(..) ~ ""'... com.-.. .. Unuc:Ilan In ICCllI'dInot wiIh Ihll ~ or 178
perbm "'I GItlIr lilt. '*'In pnMded. 111ft .-I tIII'nIIt InOnIr _ or ....... to be pMtlhall be .... to ...... . IIquIdatId dam.. 177
or .. ~ ...... undar Or...._. Ind INI"'............. be 01 no bthIr binding IIfIIct.It .. .... ......... of lie ............ 17'
.....-. ................--- for.,........... .. ..................... bt 1m.... the IItIOUM of.."*, ~ ,.... . 17'
...... .. IN ............ 180
U.BlNDING 1PP!CT1Al11OHImI1': 8~ to the ~ ..........lNIAgtIen.1I bIndIre '4lOft "'Mia,I*'IONI......... 181
IIlln UG.... .... 011., Ifld ...... Buyefa InIIrtlIIIn .. .......... Olin .... PnIpIrty (ahIcllc one) 81M IItignabIe .... _ 182
WI'IIM ..... of 8IIIr; D ...DIII........ ~ prtor wrIbIn DOnMnI of Iller,' 0 "lII/gnIIlfIanlyD '" 1IIIIIIId__0WIIId 01 113
connIId ~ Buww WIINul prlorwdlln CGflMnt of e...,. 11M
24. PONEICIN INVDTMINT IN MAL rAOPIATY TAX ACT: The FCWIgn "'WInant In At.. Praperty T.. A4 rFIRPTA, ,......, '.
PtN'IClft Who ~.... ~ IocIMd WIIlIn.. Unllld ..... ftam I "farwIgn lIMOn" D dIduat Ind wiItIhaId 10m fie SIIWt ~ '.
1M I*C*'l (1C*) cf........ prtaa, --. 0IItIIn ~"Ind eo Pet lIwllllOUlll wlIhI1eId 10 lIw'nIImII Revwwe SIMce. A "fin"" t87
PI"'" ~. ~dIn IndMUI.tnIgn oarpatIIofi,... ~ ... hlIIlnd b*an....... Seller.... ...,..... 111
10 ~ - dIIIIow. · ~I -V InMnmMt. .... or T'IItllllM. MdIlD perfofm MY............ or nacMHIy D carrv 0Ii III 1"
~ 01 FJRPTA. ,I.... ilallnlan PIl'IOn . dehd br FlAPTA.I6r.... Buyer InIIn.Ict Etcrow 10" .. ~ ........ lXIInIlti 180
....Ilh. 181
U.....MOVeD UI_ THe PROPERTY CESCfU8ED IN THl8IN8TRUMENT MAY NOT BE WTHIN A FIRE PROTECnON DI8TR1CT 112
PROlEC1INO STlWCTURES. TtE PROPEA1Y 18 It&lECTTO LAND USE lAWIAND REGULATIONS, WHICH. IN FARM CRFOAI!ST iN
ZONE8. MAV NOT AUntOA2E CONSTRUCTION OR &mMO 01' A RESIDENCe AND \MilCH LIMIT LAW8UCT8 AGAINST FARMING OR 184
FQRe8T PlWmCESAS DEr1NED.. 0RI30.030 IN ALLZOtES. BEFOR! SlGNINO OR ACCePTING THI8'NSTRUMENT, THE PERSON 181
ACaUIAING FEE TITU! TO THE PROPER1Y lHOuLD CHECK \/11TH THE APPROPRIATE CI1Y OR COUNIY PI.ANNNO DEPARTMENT 111
TO VERIFY APPROVED uses AND EXIITENcE OF FIRE PROTECTION FOR STRUCTURE8. .. THE PROPERlY Dl!SCRfBED IN THIS 181
IN81'RUU6NT II IlJBJICT 1'0 8PeClALAl8E8SMENTUNDER ORa __ ORa _.515 REQUIRES NOTFICAOON TOlHE STATE 181
HISTORIC PRE8!RVATIOH OJrPICER OF 8ALe OR TRANSFER OF THl8 PROPERTY. 111
allc 1011 UCHANGI: In Ileewnt...... or Buyerellat to ~ In lAC 1031 ~ In.. hnMclIon. .... OCher PI~.... to 200
caop.Ma ~ 1lIm.1nd IIIICla1lmmOde1ar.II.". In . manrw f1ICIINIy to c:ompIIIIlhI-=h..-. 10 long .. . wi. not cfeIav 1M'" of 201
1KIaW.. CIUN eddiIonII...... 01 ~ to u,. COOpInIIng~. u,.,.. aIwtMt ~ed hMIn.1hII PIOViIion thai not become . 202
contIngtncf 10 !hi aIaII"t ofthillr8nlldlon. 203
27.LaYY 011 ADDrfIONM. MOPBlY TAlCII: The PropIf'ly: (chide one) 0 Ia~" not.... ....lid b' PftIPII1V... ("110 r.m.1nIl 204
or aIw) In · W8f which INIJ ...... In Jevv 0I1dlIIIoNlI tax.. in III aaq. If it II ~ ....1Nd. 8e/1It Npruentl thIt IhI PropMv II 206
currwtt .. to /ncomt Of OUW cancIIIont reqWed to prlMlW II cteIIrNd '-...... If,.. rIIUIt cf ..... acdona or Itle cIaII"t 01 this ZOI
1IW1IIcIIGft. .. pJVpllty "'" ~ _did Ian apedII... .--n..... or llIMI.. dIIImtd pIOpII\' .. .... ..... oIharwfIe IptQbIr 207
ptOVtded In .. ~ Buvw IMIlIIl'ItpCftIIIII tor and thai PIr when due, ~ dIfwtIcf IItdIar lIddlloNlltMIlnd NnIt IMitft mar 201
be.......... lie ~ Ind IhaI hoIcI..... compll_ '*""- ,*-hlm. ticlwIMr.II_...... cf"....... acIlana prtor to daIIng. 208
". P,..-t, ......" dllqUI"" tom .. tntiIINnt to II*iII UN ......",.,. or IoHa II dltemMt pl'Opllty tax ItItuI. .., Ih.. be 210
~ lor .... .... pay. 01' before c:IaIIfIt III det'WNd endIar 1ddIonII....1IId IntIrMt which may ta.1I'Md 1QIinIt.. PmpIIIty Ind 211
wi hold Buyer compIIttly httm_1~. 212
21. ADDf110NAL LAND ,,&.I CONTRACTI11WIT DlIDMORTOAGI PROVIIIO,.: If thll tran.uction illo Include . land .... cantr. 213
tnlIl died or mortQe8e to be 0InfIcf bIc:k by SlIIar.1uytr and ....1hII....14XIft ltle IIrmt and ~ allUCh ~ nalldIr", 214
IuIneM ~ (tan (10) If not llllld in) .... h .. ......1IId ~ hawllgMCl thII AorMmn. Upon flHu,. to 'each IUCh Igtltfn.nt. 215
within HId tlme".,.oct INs tr.nuc:llorllhall be termln.ted. Md all ameli maney 11\" be promptly ..funded 10 Buy.,.. 21'
- - - - ;0:.:-"" . - - - - -
. o...-lteII...... f_. LlO 11.-
OIIIJI..,,. .
..... __Mer .. r.,..... wIlI\oIa ..... .-nnIt.... Of er.p. "-'.... FDIIN, LlC
REAL I!ITATI: It.tI II .&r.lDllllUllt.II' ,.NU..:......., ~I~ . -'1'
I=~
::tht~
33
r
(. ( ATTAceMENTiii
. Paoe _ of
r ...~. ~ HY2..=J(,
It. DIPOn~: ANt ..,.,.. ............ Iftd __It.......... to 1M In""..latlon IN tnfoto.m.. 011111 At..... 211
(cMck OM) a.....o .....not...IU......Iht~..........pI'OV........ '....tochlck. boxlnlhll"'tIOIlJlIhaI 21'
00hItIIuIt In IIIotIoft NOT" ........... Seller IN Ikritr ... tNt.. dUnt. oonII'O\IMltlw CIlIpuIIe, lneIudInt thotIlor ",1duIan 218
(hnInWr colll~ I'IIInId to .. "Cl8ImI1. ....... ~ at Inchc:lIy to lhlllllnuction, "'III lit I'IIOIvtd In .~~ WIIh ... 220
~.... ... fDIth..... wNch thll ~ IUMvt cIoelIv or.....,.rmNtIon cf tN. Aor'Mmenl PnMdId, hClMVlr, .. foIowtne 221
INtIIn .... lICIt CClf'IIta4I CIUIw: (t) any prQCIdV to collet, ~.... or entorc.lI'ItI mortpge, trUIt dHd. land.. CGl\Act or IWCDIdId 222
CCInItIuCUan IIIn at (2) · babIt .-y end ......1Ctlan (hlcIon). TN tint 01. nab cf PtndIng ICtian ("Ie PIIldIn8") or the 'PPIIcIIOn _ 223
My ccut tar lhllIIuIncI 01 anv ~ PIOCeM or limier....., ~ In the 0,., or FIderIl RUlM of CM PT'DCId\n lhaII nat 224
conetiUla -.... of tt'tt Itght or ~ ID uaIz8...... M CIIimIINlI be ~ _ fInII ana binclntlll'iVUllItIIrItIan IUIUIN ~ 221
0Ngaft ....Ift lCllOI'dIIa..... ~ ... 01.... ArtIInIlIon 8IMce of PortIInd rASP') or, '~.1nV 0CIw PfOfHIIClNIt 2.
Irtlltl.lIon ...w.1Mt I\Q --ano Nile of 1IbltrIUan. prcMded .... the NIectM.~ MNtce .. UNlltbinwe who ...In good 227
ItIndIn8 """ ... Orego" ... Bw.lMI\ eocpeftiM I" ..... ...... .. and Who can COIlduct the hitting In IhI ClOllnty vmer.lhe PropeIty II 228
1ocaIId. ThlIJtlihlIon ...... in wtllCh .. CIIIIm It WIed IhIIIwldIt .. CIM _III concIuIlOn. ''''0 far ~ IhIII be....., the 22t
MInt · .. in llOI.It IDrP\.lllln. of ~ q W'"9tlt1--. tJllrYlIIIIlaI\ or lor ~ of lint a II ~ 8V CON8eNTlNO TO 230
THI811N01NG ARIITRATION PROVl81ON YOU A~E AGREEING THAT D18PUTE8 ARISING UNDeR THII AGREEMENT SHALL BE 231
HeARD AND DECIDeD IV ONE OR MORE NeUTRAL ARBITRATORS AND YOU ARE GIVING UP THE RIGHT TO HAW THE MAtTER 232
TRIED BY A JUDGE OR JURY. THE RIGHT TO APPEAL AN AR8ITAAOON DECISION IS UMITEO UNDER OREGON LAW. 233
30, AnoMIY ~: The ~ ptIty k'l1nJ lUll, 8CIIan or.-lIion MtwHn!he SeIIIr.m Buyer.... be IfItMIed 10 recovery cf.. 234
....... attorney ,.. and ca. pur-.nt to ORCP .. 238
af.RICePT ,Oft ':::=I~~~ ~~.... Am adlno\t.1Idll_ ~R!~ ~fIna'QN.Ut 2.
=--'::="3:.t;~..=:t. _-:--..._...ll.JC.....LJCltCCKllf--..NOll! :
D.IAHI'T IIOIIIY INITRUCT1ON1: -"lnICrucIItw ----f'IIgned 8eIIng Firm to hMdIe.,...,.,.. mGIIIV" ... (cMdc II lilt 231
epply):2IHaId q'lMlIIIlllDrWlhIt,. h lhiram, of. d'lIdl""'aeIIN J*ldrV..... ____ or.. AQI~....... IIIglIId-upGn 140
..... -......v.tIIch -......~.....wII*t "'- (3)", daya. 0 DIpoaIt. k'l the ...~ FInn'a ~ tnIIt ~ 241
.nd .......,.OOepoaltwlll'l !Icrow.jXDepaII""......~.....1'IdeemId under. prcmiIIory"... C.N\\t~o~ 242
&ewNCJ UCEN8_ ANI) seWNQ P'RM 8HAU. HAve NO FURTHER UAIIUlYWTH RESPECT TO EARN!ST MONEY WHICH THE 243
PARTIE. HAVE AUTHORIZ!D TO IE TRANSFERRED TO A THIRD PAR1Y. 2....
....- _hn'l L..-sr~. ...~._ ~
t.Wn ~ Adchta _""OM. FAX _
llrancbotlctAdchlt I~ ~ ~~J'f"'~1 ~ ~- 2?JO FAX 247
. ~
A fIROPIIt1Y DIICLOIURI LAW SIIlar ... ~ aclNwf.... IlhII trIrlIacton IIIUbfeCt to 0,.,.. 8eIIt p~ DItcIaaunt 241
LIw. ORa 101." II. ..., unIIat ........... ~ IMII..... rwt to ,......Iuyw'. ofIIr wW1b lie (5) buIIneII daya" ....... Z4I
delivwy II p~ Oilcloaure 8lltamtnL 250
34. COUNT!IIPARTIIDELIYIItY: ThII ~ "- be.....1n ""*iple ClU'\teIpfda will IhiIll'M aIect _1f.......1Ignad the.... 261
dclcumerf. De., af. .......phaCOcopy. ......... cMIoft or cemo.,IIM copy tJlaligl'lld OfIlJinII of !hit AglWament .... be hMId the NIN52
as deIMry of.. artgINl. 253
3f. ~IINTTO PURCHAII: IUYIIIIt 1IIlnolde.... ... II. .....1...., 111M '" CGPW 01.... ~wIlIeh .,.,......, 254
IN" .. ............... ~I".a tM&1upr.. not NCIIWd or....., UI*I anr era! or..- ..........,.....,...., 2M
or anr.......... wNch IN" '......., conIMtad 1ft............... .............. nor "" ..............." ....... 2M
of..., ......... ...... .... .. ....Iand ......1lURhIH.. "..... fOOlllt or IInd .... II . .......... conalclerlllon, III -..ctu...1nCI 257
.... ........ lie ....UrN .., ."., prtor 10 ........ or aItould be ... an ..P.... oonlln..,.., In thIa A'rMlMftL 258
Deed 01 corlhGt IhII be PMPIrM In the ...... of ~ L\..L . 251
na oIrIr ...~.... on (InNrt.., ~ ' _ at -=; 0 ..mJil' p.m.. ("!he ~ Dedne"). II not 2eO
~ WIN" that lima. 281
EJuvar ~ wihdraw 1hiI oIIr q 1inII Prtar IICCIpIfIICe IlttonI lie 0tIIr Dtdnt. If 8tIIr IClClII* thia ofllr"'" 0fIIr 0IIdInt, 202
I.".. not be upon unleu br -.In wrIIIng ~_ bulina. ~ (Iwo (2) I not MId In) the,..,. bv 10 283
IndIc:aIlftQ .. 31 . ,...,... " by SeI*, only In wrllng. J 214
8ur- "" l.A . Dm C. /'1,7 fJ L _ .."..~ _
.. Cite ( f.. _ I.m:_p.m." 200
ZIp 267
2U
2M
. o..e...........,....... UC 1IlOl .
0IlU "'4
No ,.,.. ..., III ...".... wIIIolll...... JlMftIMlH II ClretM It... ...... ,_. LLC
. REAL eSTATe SALE AOAE!NENT . COUMEACIAL Ptge, ".
34
OCT-27-Z~~~ ~1:38 PM Mr' GRAPHICS
~058r~733368 P.07
( ATTACliMENT..:11
Page :J..._ of ~
[...... Aql~-i~c~:J
"'Ie offer.. lue. t'~ ~ ~ of .
,"". ., (LIotnt.. ......nttn. offlf).
H. AO"'II!NT TO II!IJJPAY CO......ION: SeIIIr ~ Ide offer. At "IDe 01.... 8elIer .... to pay In U.S. dOlI..... 1M
SeIlng FIrm art " IhiIII · ClO-OP tr..-..clon. tea the lilting Finn. "" ."" of. for pra....iOMl _I Me... IIMceI ttnderId
in thlIlr.-.cIIon. .... tuIharIztI LIltIng film to ordIt. Pi........, '* "PM Met.. ~.. SIIW.....1Ild ldw aAtlorIM
EKIOW to PlY OW at'" ClIIh InCI'eII 01.... ......... or ~ IIIe NunInaI. StIIn reoanIre.... ...... ~ CDIII end...,
tftCUmtarenoeI Oft the p~ ~ .., ....... on or before ClOtIng. Siller It . u,a. cllzlft un.... ~ '''fed hINIn. ......
ackno..... rMeIpt 01. c......." fII1M ." cOW 01 .. ~ which ...., hu fUlly ...d anet un...,..... "l1li
~ ......,,,. not MCtIwd or ,..... upon ~ 0tII Dr wrtlln ItatIrMnta or 8~ or LIcMIII(') which 1M not upI'MI/v
~ 1ft.. AQrIemft In.. .,...,,... to oompIeCa"l'Inuc:tIan. ~ hINIn. lI....money.... lit diIIrIIueId.
fDIawa .... dIduaIan rJI q III ..... and IICI'OW ClIrIClIIIeIlu.. c:t\IIgII: (dlIcIc one) 0 fllIIt to .. UIIing Am to .. exIInt rJI the ...
~Ion)Ul&." the IrlnucIJon hid bien c:Ioeed. vM\.....u. to SeIer, 0 or .
s.n. D-. _',m._p,m.t-
s..... Dell _..m. _ p.m."
Adchu ZIp
~ Home WMIc Worte tr..
,It
SeIer
AdchM
Phone t40rM
NTa DPJI.:
WarcfGM not aacapt..1bcM olIIr, tll.Itm8kM hi IIlIIchId lllIUnIIr oIIIr, D.......~. _wlhMl ClUlIIW
Dill /.,.f "ioS--. _Lm._ p.m."
D'" _..m._p.m....
ZIp
Work
WMIl
F.
M. 8UYIR't~~.JT: ....~ IICI/pttJIl COVI otSeWlwrillln NIpanae to "Ag,...,., "0...........
ilM ~ 101 01 ~ oIar_ 00CUI'IWd ..... CfIw o..dIN IdInIIId It 8ec:Ian 351bcM, .... (..... M'/Jt one) aglHlUdoH
not ~ to be baIIld"". (TIlt,...... clINk..... 11M.... ClOIIItMute "'1:110" 01........ ............ .... the 0Irw DeIdIne.)
Buyer Dill _ Lm._ p.m, ~
Buy. Dill _Lm._ p.m. t-
31, COOOP TMNlACTION:
SoItino- -ldOa L. C:;I~ -..,_ ~C ~
UllngFlrm Wl\\W\rJ(~ ~~~ LlltiltUctnHe ~ · ·
StIlIna film to ......: (MIect ont~ ~ . ~ ,. tJI purchIM pltce or D.
Lltting FIrm Mllin 0ftI0e AdlnIe
lilting PIrm 8rInclh Ofb AddJua
LiltIng FIrm PrIncIptt .8tokIr.1nIIIeIIIOn
Phone
Fu
M -~ Phone
I ~ ~ IIing rlrm PMcIptd IIIoQr lnitIaJlIDlIIe
F.x
LINEa want TH. IVMIOL. RIQUUU! A alGNATURI OF BUYlR AHDIOR SILLeR AND DATI!
.0..... _ I..... 'DIlN, u.c 01.
......
272
273
274
275
211
277
278
. 270
280
211
212
213
2101
2U
211
287
21.
211
210
211
2U
2t3
2M
2H
2M
287
211
2it
300
301
302
303
304
306
... .......lMV .. ............. ...... "flIIlMlaII "0...- ..... EIlIIe '..... UC ....
ltl!Al. ESTATE SALE AGREEMeNT. COMMeRCIAL p.' of I
I...-~I. L -(-'_~~~r""a.:I~v-3_.
I Company:
Pro"ldect by:
SIN:
~
35
.."J
ATTAC~MENT~
Page of
\'1" At..........., ~ \ c> L. ~ I
1if PROMISSORY NOTE FOR EARNEST MONEY
I ~.I=~L~
..=~_~t-~. ~: _ ~~\A~~bA~V\
(
,
(~
~~,l :
Buyer(.): C-V\().~ \....\...L
JoinItt and severally promW to pay 10 (select only OM pay..):
o Re81 Ellate Firm:
.
.
.
1)
2)
c..\~^ ~~ ~~b.. ~v(')
,
tie..... oft "5) o<::>l). OQ ~ .
Upon rwcIemplIoft of....pounUoory note.""''''''' be m.... ~lD~ JPz-
ThIa Note Ia due and payable (..Iect only one dUe d."): ,.
'" ~ day. after m~ acceptIInce of the Real EN. Sale Agreement; It
Jl'SelIer(.):
1
a on or befOte
'I
3) If thia No_It not peki when due. Buyer(.) thall pay Interest at the rata 01 ten percent (10%) per aMum 1a
on the unpllid balence from the due date until It \I paid In tll. BUYIR(I) UNDERlTAND(I) THAT nME ..
II 0fI THE E88ENCE, AND THAT THE fAILURE TO PAY THII NOTE WHEN DUI. MAY CONSTIllITB A t.
DEfAULT UNOI" THI REAL UTATE ULa AGRIEMENT WITH .......... II
4) If Real Estate Finn Ie named.. the pay.e of tttl, Not.. and Note II not paid when due. Buyer(a) hereby t1
consent(s) to Real Estat. Firm euigning and transferring it to Seller(a) for all purposes including ,.
collection. I'
5) ThII Note Ie hereby incorporated Into and made . pert 0' the Real e.tate Sale Agreement between _
SeUet(s) and BUYIr(a). In the event of any dispute between said par1lel. the mediation. arbitration and 11
attorney fee provIetone the'" ahal expressly apply. aa
6) If payment I, not mllde on or before the due date. Buyer(.) understand that PrInCipal Broker is D
instructed by Selier(I) to promptly ...Ign end traneter "'II Note to Seller(I). withOUt recour.., and for N
all purpoeee. including coUection. It Ie IKpreuIy understood and agreed that nei1her Prlnclpal Broker a
nor PrIncipal Brok..... FIrm. ita owners. oftk:etI Ol d1/WCk)rI. llcens.... employees or representativ.. 21
shall heve any duty (ftduclary or otherwise), responsibility or liability to Seller(s) 10 enforce collection of 17
the Note. nor for any ees or costa a8lOClated lherewlth. ..
.,
d........
...)...
"30
.. Sell<<
Date
LINES WITH THIS SYMBOL .. REQUIRE It. SIGNATURE & DATE
o Oregon Real fatate Forme. LLC 01/04
OR"*
36
{:J
='MT::II
. .0' AtTACHMENT I
ADDENIX ~ TO REAL ESTATE SALE I( lEEM!Ml' __~_ of I~
The Oregon Real Estate Agency hae reviewed thle fonn lor compliance with the applicable provlelone In ORS.696 and IInde that It compiles with tho.. provlslone. 1
This is an Addendum to: 0 Real Estate Sale Agreement ~ Seller's Counter Offer 0 Buyer's Counter Offer 2
Re: Real Estate Sale A reement NO..AQ,. /()~7~5 Dated I tJ/~ 71()r Addendum No. 4
Buyer: L <!- .
Seller:
4
6
SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE 6
AGREEMENT REFERENCED ABOVE.
10
11
12
13
14
d.
15
16
17
16
19
/~, :<&O$:
. I
20
21
22
~,.
24
25
26
27
26
30
31
32
33
34
35
36
37
Date
Date
Date /0 -z. 7-()~
Date
A.M.
A.M.
A.M.
A.M.
P.M. 36
P.M. 39
--
Seller Signa
Seller Signature
Listing Firm Broker I Selling Firm Broker Initials/Date I
C, 1997, No portion may be reproduced wilhoul express permission 01 J )
Oregon Real Eslate Forms. LLC, a wholly-owned subsidiary ollhe Eugene, Portland Metropolitan Addendum Page --(- of -+-- Pages 44
and Oregon Associations of REALTORSHl
OREF 002 10197
43
ADDENDUM TO REAL i?ATE SALE AGREEMENT
,..
A I I A\.iMMt:NT f
~ ( SELLER'S COUNTER OFFEr. Page _.to of J.CQ
The Oregon Real Estate Agency has rev'-d ""_ .<)rm for compliance with the applicable provisions In OR~.~:& and finds that It compiles with those provisions. 1
Re: Real Estate Sale Agreem nt ..AG-ltJ~ 70S Dated IOn1J~ 2
... .
Seller: 3
Buyer: 4
The real property described as: s
.
Seller agrees to sell the real and personal property specified in Buyer's offer on the terms and conditions in Buyer's offer, except as 7
modified belOW:..- ...~) (J~ 11-.
.
g
10
11
12
'3
'4
1S
18
17
18
For additional provisions, see Addendum
10
AGREEMENT TO SELL:
All provisions of the Buyer's offer except those modified herein ar appro ed and accepted by Seller. Time is of the essence of this counter 20
offer. This counter offer shall automatically expire on Date 0 , _A.M. ~P.M., if not accepted within that time. However, 21
Seller may withdraw this counter offer any time prior to written acc tance. This counter offer may be accepted by Buyer only in writing. 22
If Buyer accepts Seller's counter offer, Seller agrees to pay to the Selling Firm, or if this is a co-op transaction, the Listing Firm, the sum 23
of $j)A1 J I~ 17ASt for professional real estate services rendered in this transaction. Seller authorizes Listing Firm to order a preliminary 24
title report and tititI insurance at Seller's expense and further authorizes escrow to payout of the cash proceeds of sale the expenses of 2S
furnishing title insurance, Seller's recording fees, Seller's closing costs and any encumbrance on the property payable by Seller on or 26
before closing. Seller is a U.S. citizen unless otherwise stated herein (See FIRPTA clause in Real Estate Sale Agreement). 27
SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF BUYER'S OFFER AND SELLER'S COUNTER 28
OFFER, WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any 29
statement made by any real estate licensee which is not herein expressed. In the event Buyer fails to complete the sale as herein 30
provided, the earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: (check 31
one) 0 Rrst to the listing Rrm, to the extent of the agreed commission just as if the transaction had been consummated, with residue 32
to selle~; or 0 ~ 33
sellerSlgnat~ ___ Date !O-27-t7S- , A.M. ..?:~
Seller Signature Date A.M. P.M. 35
-
AGREEMENT TO PURCHASE:
o Buyer accepts Seller's counter offer.
o Buyer rejects Seller's counter offer: OR
Buyer Signature
Buyer Signature
31
37
Cl Buyer makes the attached counter offer.
Date
Date
A.M.
A.M.
38
P.M. 39
P.M. 40
SELLER'S ACKNOWLEDGMENT:
41
Seller acknowledges receipt of copies of Buyer's offer and of Seller's counter offer bearing Buyer's signature, which Seller has fully read 42
and understands. 43
Seller Signature
Seller Signature
Date
Date
A.M.
A.M.
44
P.M. 45
P.M. 46
RECEIPT OF EAANE8T MOr~E',( {use onlY IT earnest money provloeo In ljuyers OTTer IS cnangea oy ~ellers counter OTTer,. 47
Selling Firm acknowledges receipt of earnest money from Buyer NOT previously receipted for in the sum of $ evidenced 46
by 0 cash, 0 check, 0 promissory note payable on or before , which Selling Firm agrees to handle as provided in the 4Q
Agreement. Selling licensee's signature 50
/
5'
52
Q, 2002. No portion may be reproduced without express permission 01
Oregon Real Estate Forms. LLC. a wholly-owned subsidiary of the Eugene. Portland Metropolitan
and Oregon Associations of REALTORSCJl)
OREF 003 07102
SELLER'~&UNTER OFFER
~
..... ... . ...... I....
,uc;a"!.,;
'"' I ..
...~"'u. I
10/29/2005 13:10 FA~
(
John l Scott
..".JU"'...".,_~UA..- I U'"TCO
(
'lilY"
ATTACHMENT
Page lL. of I (p
,...c
a BUYER'S COUNTER OFFER
1II1orttOllIl"'''' ~ltMY"""""m-.-,lt...S ................ "'OM._~ ~~~~~~I~ '
=--~!t~~;;~eo._ONw-- ~:;~~ -_.nJ~I~~:
The .... property elM'-: . .~) '4'~ b.. , 0+\ ·
.
Buyer 1III*'1O purchIIt tIw rMIlnd pmonll prcpeIty on the tIft'IlI end cancliIlonI- tcdl in ~s ... d S~W. counW offer
.xeept .. rnodlllad betaw:
"O'-.l~< nrra~ ,"e.tt"V- in. .Mt..~~~ ~~ ~~ ("C\~ J.~ k ~
~~~~~t~~;~
..
tt
II
.t
,.
II
. It
, ,
..
, I
It
II
u
at
,.
"
II
For Iddltlonllllrowtont, Me Addendum
Ir
AGREEMENT TO PURCHASE; II
All provIIlanl of this 0Ifet ( caunler adIr( ,where eppIoIbIe). ClCIIt olhIIwtII mCClllecl, ... appmwd end accIPtId by~. Tme" II
oflheetMnctolUll.cou oPfer.1'h r , .h..'....,.....rean (Ur. bL,_A.M.~P,M..lfnot It
~ .."., thIllirne. .. r. B r thil oIIIr enr liml pl10r to'f" ICC8PtInce. Thil counlllr olfllr may III'
t)t KCIf*d by S8I1Ir In dng. ,
Buyer S DdIID...x-.1& UiOS-. (I. (~ PM. II
Suv.' Slg.,.". D.. _JtM: P.M. ..
<<:REEMENT TO SeLL:' at
s.u.r "lip_ kyel'1 coulD' or.: I'
SIler ... not.uept auy.'s CClUraf ~. but m.. the llU~ed counter ofrer; J f
o SII.... ... not ....IIuy..... c:ounw oIIiIr Ind m-.. no counter oIIW. .a
IS"'" ... to P-r to u. eel1lng Firm or, If '" Ie . co-op n",KIOft, the UItng firm the IUm of S . clostn" for '1
."...1Ion.. lMI e$18lle ul"ollall ranct.red In this tranl.dlo", · ·
~;:~-rG~:--'"'::-7J'&:-~;;?"S:~:~
:S;;;r~ DIu ._A....._P. , u
BUYeR'S ACKNOWLEDGMENT: ..
B~ 1Clcr.~. reoelpt of . ~ or s.llet". wtm.n ree,on. to ltlla courrt.r o"-r, whictl documents Buyer hM reed and flllly u
underal8nd1- n
BuY<<' SIg"atlft 0118. _ A.M._P.M. ..
Bari8rISIgr.atUII 0.. ._A.M._P.M, ..
RECEIPT OF EARNEST MONEY: (U.. only if IImnt IftOMY prcNlded in ~s ol"1Ir anclfor Seiler's counter otrer .. dtqld II
bV Buyet. COUlUr.r and/or ~ counteroffer.) SeIIng Am ~ I1IC>>1Clt of eameat money from Bu~ NOT preyjoualy "
recerpWd far I" the.um of $ ltYidlncecl Dr [J~.h. 0 ~ 0 promiMOly note peyaDIl on or II
blfDre . which Selir.g F'1I'm 111'111 eo handII.. prolIIdId in lhI Agreement. , I
Wk1 LIconMe', s9Jlturo I'
Li8lina L.JoenHe SeI'lng LiCllnut . - II
LIatlng Finn Brgk....'n II SellinQI Firm Brd<er'. Il'utilllllOatt II
00..... "... EMIle FilllM, LLC 0'.
ORIPDM
No....... ..... M ~ odIouI PJlftIII prIfIIIIIDot 0II0rtg1ft ,.... eRIlI forr.w, LLC
BUft"" COUNftIIl Of""
'''_UNtt ,..I'MoIDflII c..,..,,_ Cl.llfto\.r.."""" sa!IwI"II1''Ot1
39
- - - - ... - .,..
lG/28/2005 13:09 FAX
__,,_ _t.. ....~,,~..
J
John L Scott
~U~~~O!-/U~C p.~
--- ( -- . - 'ATTAC~E~O~ .1-
Page of J (p
w...... .,
,.,.., "".......""r
~
SELLER'S COUNTER OFFER
'"" 0...... ......... AlIIMW 11M ..,.... ....... -............ _ 'P..ve-.. pnwIIIonlln 0......... ftntla1tall II ""'PI" wllh Ib... prN.lon.. ,
=--~~-if~~~ ~ /on: :
Th"'oI_tldooo~ ~ _..Q."b~~ ~ _~-~,
.
Seller .... to ... the rut end personeI propetly ..,.alftecIln 8uyWs ohr on th. teI7M ll/"lcl conditione In Buyer'$ otter. 81CCapt. ~
lMdJRMbelaw:.- ~~Jc1...1/~ A.
.
.
,.
t\
tI
Q
..
,a
"
.,
For ICSCItIonaI proviltion., ... Add8nd~ :
AGREEMENT 10 SELL:
All ~cI the~'" offw __ "OM mocIIIed ......n ~"d ICCIPfiId by 8eI.... TIMe II af ttw IIIIIlUC8 0111'lla COlJntet 10
oller. ~ cou"'" oIIw"'" aUlGnletlclelly .... 911 0.. A!i A.M. ..s:P,M.\ If nGt accepa.d within that 1m.. "~~r. ..
SeRer ~ wiIhdraw 1hle counter cH.r q lirM prtor to YI\tIer'I . ". counter ott.r may be ~tId by Buyer on", in writing. .
II ~ ~ Seller'. counw oller. 8elltIr.g,... to P-r to IIle SeIHI\g Plr",. or If tIlla Ie . co-op hnsKtion. th. L.letlnO FIrm. the .um .
of se::d ,:,1f;;J, for profNeIon8l real..... MIYIcw ~ in t* 1rar1eaOIIM. Seller --..than.. U-1I Plrm to DrdiM' a pr.nmlnluy '"
tltIe end tiY IMUraace at SeR.f. exp..,.. .nd turtltt ~or\MI eICr'OW to pey out of the ceah P'ooe~. 01 .... 1M elCpeneN of >>
furn'-hlna title Insuranc:e. Sillier'. ~g f.... Selin cIoelng coetI and any encumbrance on 1h. property pay*_ by S.u.r on Of .
before doalnt. Seller 18 a u.s. ctIlZIert unIeU ol'lel'Wlae .teCS her.n (See FlAPTA dauB. In Ro" Eatale Sale AS'..rnent). ..
seLLE'" ACKNOW\.EDGES RECEIPT OF A COM~LY FILLED IN COPY OP BUYEFI'S OPP'I!A AND SELLER'S COUNTI!R .
OFFER. WHICH SEUE.R HAS FULLY READ AND UNDERSTANOS. W.r adcnowledg.. thel Seller "'- not r~l,*, or 'caned an any II
statem.nt m.... IlV any rut ..tat IIoel'l8lla which Ia na' herein e.prelMd- In the even' Bl"yer fal.. to comple. the Nle .. ~in >>
~1OlIIded. !he eamMl ~ IhaII be clatrtlulld _ fol~ after dtdUCUon of .ny 1\tI.1~ ;and eacrow canc:.Ulltlon Ghargel: (cI'Ieck II
on.) 0 F_ to the UsCIlIl Arm. to t. 8XWlC 01 the agl'Md commlSlIan )u.t _ If the nrwa~ion ~ been consummated. w!tn ,..I Clue .
~~.:.:~~
_ _ __~ _~ -.- De.. /,,-it'7~S- I _A.M. ;7.:~
SeIer _nUn' ... A.M. P.M. ,.
AGREEMeNT 10
Q B~er ..... s...t. COUlUr
~ Q!Iuy...,.,... S8Iaf, ClM'l....
7J' BUyer SlgnM
lSuyer ~an
IS
SELLSR"S ACKNOWLEDGM . .,
3",* ~ rece-.r of c:apl_ of euy.,.. an. and Clt Selle", counter Off., bearIng Buy....lIign.ture. wtllGrl Seller ~ f'ully read ...
and Ullders....cfe. 4 ~~ ..
-..-e;.-.:-~~; - - ~Ze-~ "M2:~@):
~i5i.. ..... ~ A.M. P.M. ..
RECePT OF EARNEST MONEY (U.. only if eerMSt mo"~ pl"(Wics.d itl Buyer'. offer Is chenQecI by Sell.... counttit' O<<er). .,
Selling Arm acknowleclg81 recell't Of Mm..l monev 1rom Buyer Nar prmaU8/y rlcal3lea lor in me .um of S evjde~ ..
by a ceah. 0 check, Q premiAOr)' no. payebl. on or before . whlch SelllnlJ Firm IJgr... to hendle .. provided In In. ..
A teem.nt. SIIIi We."..... .lgrtalur. ..
,.
po
el1ached cou.,rer *?, r u_ ~ _ ~ ·
0.. .....J ~s:r-ll "If: - P.M. ,.
D... ~ _ . ._P.M. q
ulUng lJG8n&8e
Ustll1g Arm Sroka
0. 'DR. I'ta 1IOftIOIl.... M ...--.. ...,... -,._ p.rI'I\IMIIn or
or.eon "-' ._ FonM, u.o, . ~ ~ "11w ,.... JIMIIInd r.loIlropalluft
..... 0N00II ~ lIII RlALt'CMe
Olt!..... I.
S.Ui~ 1.icenses
Selling Firm ef'Qk~H'. In~olslDat.
I
..
..
SIUJ,.. COVN1'd OFFSI
40
r
--- -- -- -~.-'I-
10/28/2005 13:10 F~X
.......... ...
..........!':,... ~III ....:11""'-'1 I ...JU"':-wOJ,- /U.,c p. lilt
J _ _... ____,J.Ohn L Scott (. __ ,_._ llJoo,a._
ATTACHMENT (
ADDENDUM TO REAL ESTATE SALE AGREEMEN1f:>age.L>-. of l!.b
TIle 0Npft -- ..... ......., .... ...........111.. ....,... MlftIII6,_.... tile fJW" net ........... 0...... M4I II,," tMI ".........lIIIII Ul_ Pf\MIlOIlL '
This I. an Addendum fa: Q Reel Esta~ Sale AQrMment -,,"Sellers~,., Offef (J Suyel', Counter 0fIer , .
=__SU~N~t~=~15~_N/n/~s- ~ummNN~~-Zt Pc _ :
T"tHOll_~~'- _=~~,~ .
,
y
-.... - -,oo
Ill'
SELLER AND BUY." HER.BY AQfll!I! THE FOLLOWING SHALL 88 A PART 011 THE REAL ESTATE SALE'
AGREEMENT REFERENCED ABOVe. I
f,
..
"
iI
~.
l'
..
or
,.
..
..
II
~
.
.
..
..--
S8ll. Si
SeRet Slgnaturo
Lllltlng Llcen... selUng LIcensee
L.lMing Firm Bto.r I Selling Firm Broker Inld.lalDate I
o. '.1, NIP pard"" ItlIlt' De .....DlI\IMd"";U'O... .., .......'IHIOt> ., J j
0,...,. ~ enl. ~~ u.c. .~ .~.ry oIl1wlbJOeN. "..11lI Mwa"_ Addendum Page ---/-- of .{-- pag_ ..
Mol ~ AIIIIda.....or "fAUONe
Q~E~ _ 10111
.
..
$I
.,*,
Bu~ S1gnau .
Buyer StgnllCUr,
. -P.M. ·
A.M. _P.M. ..
A.M. 3: .
A.M. P.M. 'f
..
..
oUXIiNIIUIIl'O REAl. E8DlTt M.I AQRl!I!IlI!rfr
41
ow..... -- - ._--...
'"
CITVWCDDaRN PAGE 1It2
803-..1-1048 ~.I
V ~~~~1o~E~.:It:::
11/'3/2185 17:13 51398252.3
".~ a3 D. D3Ia., D.' Ch~t.&."
"-'
ADD""'" TO MAL DTA,..IAI.I ACIRDM8HT
, n. ~ -.a ..... ,..., ... ...... .. ... .. ~'11 II........... ~~u _ OIl OIl'" "" .. ... "
. ---........ .........
~
4 "..... ...... .. . RIll... ....AIIMM., C ItWI ce.. 0IfW C....... GIMIeIf Offar
. Ra "-I..... ....A........ Nt. ,...... QIIII ~~ All..... -. .
. -.,.r.o-ua
., ...... ....~ -.-
TIw_.....,~I=lllli~..._...~_c~ ---.-.
~
.
,
1.
"
tI
11
1.
"
.,.
17
1.
- f'
.
2t
.
.
.
.
.
.
.
. ..,.,
,. ..,..
......-........ ~ 1M MI--.1IMUo _ A PMT" ntI AIM. nrATI ULI M.JII~~
_M,. .~
t. ---...... AU. I ~..... J"..
.. ...._.......- - _. '.. ~ ...~.... 1 - ".--"1' - - ---' - ... - I . ..
t . .,
s." --.. '-~--~""""'Tr" - - - .......--~ -- "').... . ~-..
.....--flII- -~ .... ~...... ...... - --.---... --.-.._- l ..
----- ...~ ~1-""- --- ---.. ~ n n'" .-. - J- -....-...
_ ___ ",__.LA ~ ...~.,__~_.. _~... -.- - .........
... -- ~...---....... ~ .....~. -..~~ .....
.. .... - -- .......... -.. -.... U If w. .. 7_..... ... _ ......- .. __. -~-- III...
~......_ ._- d. ...~-..,-- ""-1 .....-~.. - ...
.. ~. .....____ f'.11-"-- -.. .. - . - __a -~,,_ L a...._-ar....
..~ .. . - _ ....40. . ~ ..... - II. ....... . IIIIIro _ I -I~- _ ... _ ........'a
-~
.. __....... __-A-_ _ ___..
~ 'T,...---. ......... -- all .....-
.--.
q~
____.- -JI'"
..-
D.,I
D.-
at
...." . ......
. ..........
1)_ II J~6c-
.
!:bill
.....~
----Pfh ----J'"
J
..
: ~=~-.::;-.:~ 11..3 -~ ~==:=:.~
. GRIIM ReIl......,.... LL.Cl ~_ III.""~.",_""""-"""",,. ~ Ill.. _,..,.. LI.O
.... - .
........... ...... t vi t ,.....
42
r
IIUII U~ U.oJ U~. ~~t'
1J('
l.nr15't.ot"t"
:::lUt"",'1tj 1 -'/U"~ p. ~
ATTAC~ENT t
Page -1.L of l <()
"
e'
31
-ji'32
33
(it
=--
,
ADDENDUM TO REAL ESTATE SALE AGREEMENT
1
2
3
4
5
8
7
The Oregon Reel Estst. Agency has reviewed thla form for compUanee with the applicable provisionS on ORS.696 and flOa thlt I
complies wltll those provisions.
o Buy.... Counter Offer
Addendum No. 0
a S.IIer'. Count. Offer
Olted 1C1Z712G01
Thla is en Addendum to: IS Real Elt.. S,le Agreement
R.: Re. Est.. S81e Agreement No. AG102701
Buyer: Chaw LLC
Seller: CItY of Woodburn
8
9
10
11
12
13
1'-
15
18
17
18
19
20
21
22
23
24
The teal property described as: ... N 3RD aT WoocIt.... OR 11071
SEU.ER AND BUYER HEREBY AGREE THE FOLLaMNG SHALL BE A PART OF THE REAL ESTATE SALE AGREEllENT
REFERENCED ABOVE.
1. lei.. hereln....8lD Addendum C In It. entI....
2. ........8 dlnlct CIlY ........nce DeDartment to ......... root and wlndawa In a mann. to elm,.... ot contain fUlther.... at
~ 1ocatk1nL.
3. SeIer" bound IH ORa 221.721 which reaul.. aM conclltlonalv _C4IDted off.... to D'f'Cha.. the DI'OD8Itv to be anurUd to
the CItY Council for thetr fI... aaarovaL The OIlY .. NG'*-d to ..... that thft .. ...... the Dl'oDel'tv and that an ofIW to
DurO.... It wII be ......ntect to the CouncIl on . eMCIIIIId data to .now ODDOrtuntlv for Dubllo inaut. AftM the bellina tM
CowdI w. dlacuM the "riel before them and direct tile CitY Adm...b.l<< on how to wac..... If other orren come In artor to
the DubIIo hearlnII d_ then tII.., too ehllll be ........nted to the eouncD for conslder.lon.
4. Said Public ......ng Ie echllduled for November 14. 2001 at 7:00 PM. Bulrer mav attend or send a reDl'8Mf1tatlw to u.a.
hearina In order to a___ anv aU8lltlone the CoucH maw "we. but auver.. not required to attend.
5. Sen... and DI'QD8Itv are exemat from reeidentlal DI'Oaertv dlecloeure rea",lrMnentL Bwer.. Dwchaalna the DrooertY In .n
"AS 18"" condlton without 8IW warn... or a........ and Bw... .. r.lYlnG uoon hi. own InaD8Ctlon - to the DI'~'.
25 ~1tIon.
26 8. auv... herein ace... anY oenoNI Dl'0D8I'lY left on the Drem~ aft. c1olllna. CItv shan remow an other Deraonat oroaertY
'l:l Brlor to clOlllna .....
28
29
30
_a.m. ----p.m.
_a.m.-p.m.
o lite
Date
Buyer Signature
Buyer Signature
sel1erSig~.~~~
Seller Signature
Date II /~/{) r
,
Date
_a.m.~.;~rrr.:>
_a.m, -p.m.
34
35
38
Selling licensee Amlr GoIlan
Selling Firm Broker InitialalCate
L_ L_.. ......~ ~
Listing Finn Broker tnitials'Date--A Ij()/ I 1/- -3 ~05
C Oregon Real Estate Forma, LLC 10/97 No portion may be reproduced with<lut express permIssion of Oregon Reel Estate Forms. lLC
OREF 002
AddendOOl Page 1 of 1 Pages
43
-
11UV IU~ U...,J U'-J...;J...Jt'
',/02/2005 13:33 FAX
Ue.H~ "'f1r.l.5~OTT
( John l Scott
OU~~al-(U~~ p.d
( . 1fJ1J1J{'IJIJJ
'. ATTACHMENT
Page~ of IV)
ti RECEIPT OF REPORTs/REMOVAL OF CONnNOENCIEB ADDENDUM
Buyer(I)
s...(.)
Ptapelty Add,...
ChIW u.c
City of Woodburn
"'1 N. 1nI1trMt. WOO4a.um 1707'
z
,
"" . I{ I I Ill" I "I 1-1 I I', I
.
<<JLl)le!' Icknowltdgel rec:elpt Of . campl_ ~ CIfI the tollDwlng:
".port:
,
o.te: , of ,.... 6
7
,
9
10
11
J:
13
16
"
I 1 I ' J t .It I .;., I Jr: r J T I r J ,f- ~.. - If',
I'
J'7
The folowlrv contlnglncl.. .r. ........ and twq removed: .'
10 dav '...lblllty studY and proDerty InaDHtton conllngency .. UU.f1ed and hMeby r.moved.
II
l'
10
~I
21
;l)
:w
2J
2t
:u
21
The la~ GOM'ng.ncitl .,. w.IvH ~ remcwed:
. ,: r,r! 111 ,.'1)\1 I,ll '1',II,tl':
2'
30
'1
Selling UCIrlsee Date
Selling Firm John &.. Scott lilting Firm
LINES WITH THIS SYMBOL'" F1EQUIFlEA SIGNATURE' DATE
PtD\llde by Oregon ANI ~tl1ll Forms. \.LO. OZ/OG
OREF OM
No ,.,."'" "'., "- ,......"...1111'10'1 ...... ,.tIIlINI.~ 0' 0..... ",",11_ ,""'.. u.C
burn
~
Buver
Buyer
Oa~ _ _JS
36
37
44
.::;v
ATTACHMENT (')
Page --L of _
November 7, 2005
City of Woodburn Council Members
270 Montgomery Street
Woodburn, Oregon 97071
Dear Council Members:
Our offer to purchase the property at 491 North 31ll Street is made with the intention ofreclamatinn,
restoration, and improvement. It is our strong belief that this property could once again be a beautiful part
of this city, as wen as a productive and profitable business.
We have studied the WOO, taIked to the Woodburn Planning Department, and feel confident that our use
of the building meets the WOO zoning requirements and standards. Our company, Vmedia Services, is
steadily growing with a significant demm1 for coverage south~fPortJand. Woodburn is strategically
~ affordable, and provides the broadbmd connectivity that would be needed. This building will
boJJSe our office yet is large enough to act as a residence in conjunction with our business.
We expect immediate cash outlays of approximately $50,000.00 to make the exterior oftbe property
presentable and the interior habitable. To expedite these critical repairs, renovations, and improvements
we will use the funds we obtain fro~ the sale of a property we own in Tigard. Further renovation would
continue in a timely fushion.
Mike, a former resident of Woodburn, is an Army Veteran and former Paramedic. His expertise in the IT
field has led to a varied career that iIxtudes PC Support, Web Design, and Network Administration.
Mike is C<H>WDer ofVmedia Services. Mikko bails from Walla Walla, Washington and bas a B.A
degree in Business Administration. She is the Executive Assistant to the CEO of Anesthesiologists
Associated Inc. We are engaged to be married and look forward to putting down roots and starting a
family.
When improving an urban area, we feel that the Imst important metor is the quality of the people that
reside there. Quality people expect better neighborhoods, strict code compliance, low crime rates, and
civic involvement from both themselves and their neighbors. Only people who desire a better community
will do what it takes to make it happen We are two such people. In addition, we bring to this city our
skills, energy, and a successful, growing business.
Since we are planning on raising a fiunily here, it is our goal to make this the best community that we
can. Please comider our offer with this in mind.
Sincerely,
;:7/U~
'/If~(~J~
Mike LaVoie and Mikko Ashy
45
ATTACHMENT '2
Page -2::.. of t ~
SUMMARY OF INTENTIONS AND USES:
. To immediately m. repair, or replace critical items, including but not limited to:
o Wmdows
o Roofing/gutters
o Plumbing
o Electrical wiring
o Heating
o Asbestos abatement/encasement
o Siding
. To establish an office for our business (NAlCS Code 5419 Other Professional, Scientific, and
Technical Services) which is a use classified as "permitted" for CO zoning under the Land Use
Zoning section 2.105.01 of the WOO. The office will be situated in the South section of the
building, in the rooms located by the front entrance along 3m Street.
. To establish a one dweUing unit residence which is a use classified as ''permitted'' in
conjunction with a co~ial use, under the Land Use Zoning section 2.105.01 of the WOO.
The residence will be situated in the North section of the building.
. To renovate and beautify the property to better fit in with the style and appearance of the
surrounding neighborhood. MaintenHT1C'..e items would include:
o Landscaping
o painting/Siding
o Lighting repair/installation
o Asphalt R.epair/resurlBcing
o Other miscellaneous itetm
46
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
18
17
18
19
20
21
22
23
24
25
26
ZT
2a
29
30
31
32
33
34
3S
38
37
38
38
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
58
57
58
59
i;I
I Sale Agreement .110401
,~~~~~~_E~l ~
FINAL AGENCY ACKNOWLEDGMENT
Both Buy. Ind Seller acknowledge having received the Oregon Real E.tat. Agency Dlacloaur. Pamphlet, and h.reby acknowledge and
con..nt to the following agency relatlonahipa In thla tran.action:
(1) DaYkl J. ChNtaII (Name 01 S.lIing licen...) 01 HaUmark ProaertIeL Inc.
(Nam. d R.aI E.t.. Firm) II the ag.nt of (check one): tm The Buyer exclusively. 0 The Seller exclu.ively ("Seller Agency'. 0 Both
the Buy... and the Seller ('Olaclosed Limited Agency").
(2) DrlId J. Chrletoft (Name of Listing licen...) 01 H.nmerk proaertJM. Inc.
(Name of Real E.t.e Firm) it the agent t:A (check one): 1m The Seller exclu.Iv.Iy. 0 Both the Buy. and the Seller ("Dlacloaed Limited
Agency'.
(3) If both partlel are each repr..ented by on. or more Llcen.... in the .ame Real E.tate Finn, and the Licen.... are .uprtiaed by the
.ame prlncipel brok. In that Real Eatlt. Firm, Buyer and Seller acknowledge that .ald prlncip.1 brClker .hall become the dlacloledlimited
agent for both Buyer and Seller.. more fully explained In the Dlacloaed Umited Agency Agreements that have been reviewed and signed
by Buyer. Seller and Llcensee(s).
Buyer .hall .ign thll acknowledgment . the time 01 .igning thll Agreem.nt before aubmis.ion to S.ller. Seller .ha. algn this
acknowledgment. the tine this Agreement is first submitted to Sell., even if thla Agreement will be rejected or a counter off. will be
made. S.IIer'. Sv &tur. to thll Final Ag.ncy Acknowledgment ahall not con.tltute acceptance 01 the Agreement or any t.m. ther.ln.
Buyer Print Mlkko D. AaIN Date /I JlI ftti..
Buyer Print Date ...
S Print Cltv of Woodburn Date 11/7/0 ~.
Seller Print Dat. ..
f I ) I I f ~ ~ I I ~\ I r t 1', l ~, r ,.... 1 l "t,! ~ )\ \ ) I' r- r \" r ~ J f
Thle Ag........m Ie handed to be alegal_ binding contract.
If It .. not underetood, ... competent \egIII advIce befoN signing.
1. DEFINmONS: AU ref.enc.. In this Agreement to .LIc.n.... and "Firm" .hall refer to Seller'. and Buyer'a real estate Igents licensed in
the State cA Oregon and the r..pectlve real e.tate companies with which they are affIllllted. The Licensee(s) and Firm(.) identified in the
Final Agency Acknowledgment Section above are not part. to thla Agreement, exc.pt 18 may be applicable in Section. 35, 38,37,41,
and <<, below. Unles. otherwla. provided her.in: (1) Time calculated in days after the date Seller and Buyer hive signed thll Agreement
shallatart on the first full busin... day after the date that the la.t party has algned accepting this Agreement, Including counteroffer(.), if
applicable; (2) Written notices required or permitted under thll Agreem.nt to be delivered to Seller or Buyer may be delivered to their
respective Llcenaee wlh the same effect .. . dellv.ed to that Seller or Buyer; (3) A "busin... day" shall mean and Include Monday
through Friday, .xcept recognized legal holidays as enumerated In ORS 187.010 and 187.020.
2. PRlCElPROPERTY DESCRIPTION: Buyer (print nam.(a)) .kko D. Albv
offers to purch... from Seller (print name(.)) CItv of Woodburn
the following described reel property (herelnaft... 'he Property' situated in the Stat. cA Oregon, County cA Marlon ,
and commonly known or identified as (Inaert .treet addr ,c', ip c.Pde, tax id.ntiflCatIon nu ~ and/or lot-block description, etc.) ~
-J... . Ct. ," ... a .
(Seller and Buyer agree that if it is not provided herein, a co plete legal desCription .. provided by the title insurance company in
accordance with SectIon 4, below, ahan, wh.... neee..IIy, be used for purpo... of legal id.ntiflcatlon and conveyance cA title.)
for the purchase price (in U.S. currency) t:A .................................................................................................A $ZOOOOO
on the following terms: Earn..t money h....ln rec.ipted for...........B $2000
on . as additlonal.arn..t mon.y, the sum cA........... C $
at or before closing, the balanc. of down paym.nt......................D $
at closing and upon delivery of ~ DEED 0 CONTRACT the sum of (Line. B, C, D and E ahould equal Lin. AL......E $191000
Payable as fonowa (Deecrlbe delaill of any loan (a) to be obtained): Sublect to &wet obtainInG conventional financinG. Lender letter
of Pre-Aoaroval attached herein.
For additional detaita, SM Addendum A
3. BUYER REPRESENTATIONSlLOAN CONTINGENCY: ~ of the date of signing this Agreem.nt, Buyer has sufficient fund. available to
clOle this transaction in accordance with the terms proposed h.ein, and is not r.lying on any contingent aource of funds (..g. from loan.,
gifts. aale or closing of prop.rty, 401 K disbursements, etc.), unless otherwise discloaed in thie Agreement.
IF A NEW LOAN IS REQUIRED, THIS TRANSACTION IS SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN AND
THE LENDER'S APPRAISAL BEING NOT LESS THAN THE PURCHASE PRICE. This contingency is solely for Buyer's benefit and may
be waived by Buy. in writing. Buyer agreet to make written loan application not later than i business days (three (3) if not filled in) after
the date Seller and Buyer have signed this Agreement and th.eaft., complete necessary papers, and exert b..t effort., including
paym.nt of all application, appraisal and proc.ssing fee., in order to procur. the loan. Buy. authorizes lender to provide non-confidential
UNES WITH THIS SYMBOL .. REQUIRE A SIGNATURE OF BUYER ANOJOR SELLER AND DATE
C 2005 Oregon Real Eatat. Forma. LLC 01/05 No portion may be reproduced wlthw express permission cI Or on Real Estate Forma, LLC
OREF 001-1 Buy. Inltlala ~_ Oatel
REAL ESTATE SALE AGREEMENT - Page 1 cl7 Seller Initlals~ Date
47
eo
81
62
63
64
65
ea
Q
68
69
70
71
72
73
74
75
78
n
78
19
eo
81
B2
83
84
85
88
en
88
89
90
91
92
93
94
95
98
97
98
99
100
101
102
103
104
105
108
107
1~
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
~ ~~~~ME~ t I $......_...,_
information to Listing and Selling Licen.... regarding statUI ~ the loan. If Prop.rty Is loc8ted in a de.ignated f100cl zon., Buyer
acknowleclg. that floodlnlurlnc. may be required II a condition of the new loan. Buy... II encouraged to promptly verify the availability
and coat cA property/cllualy ineuranee that will be .ecured for the Property.
4. T1TLE INSURANCE: Unle.. otherwll. provided h.r.ln, thll tran.actlon II .ubject to Buy.... review and approv.1 cA a preliminary ttl.
report and the recorded covenants, condtionl and r..trlctlona ("th. report and CC&Rs, showing the cond~ of title to the Property. (If
not tunr undentood. Buy... .houId ImmedlaWly cOlUct tha title lI.urance compa", for fwtIw Information Oft ... compellent
leg" .dvlc.. Neither t" LIltIng nor ".Ing IIcenMee .... qualllled to IcMH on epaclflc legal Oft title Iuuee.) Upon execution cA
thll Agreement by Seller and Buyer, S'11er win, III S.IIer's .ole expense, promptly order the report and CC&Rs from an Oregon title
Insuranc. company and fumllh them to Buyer. Upon receipt d the report Ind CC&Ra, Buyer ,haH hlv, I bUlln... daY' (five (5) If not
filled in) within which to nCltIfy S.IIer, in writing, of .ny matters dlscaed In the report and CC&Rs which ill.. un.cceptable to Buyer ("th.
objectioM'. Buy.... fallun to timely object, In writing, to any ma'" d~ed In the report .nd/or CC&R. .hall con.tlut. accept.nce ~
the report and/or CC&R.. Provided, how.ver, Buyer'. failure to tim.1y object .h.n not relieve Seller of the duty to convey market.ble titl.
pursuant to Section 8 below. If, within I butin... daY' (five (5) If not fRied in) following rec.ipt of the objections, If any. Seller falla to
remove or correct the matt.. identified in the objectioM, or do. not give written ..ur.nces reasonably ..tiIf8Ctory to Buyer that they
will be removed or corrected prior to the closing date, all eam..t mon.y .hall be promptly refunded to Buyer and thll tran.actlon sh.1l be
terminated. Thll contlngancy II solely for Buyer'. beneft and m.y be waived by Buy. In wrtlng. Within thirty (30) d.Y' after closing,
Seller shall fumllh 10 Buyer an owner'. .t...d.d form polley of title in.urance In.urlno market.ble title in the Property to Buyer In the
amount ~ Ih. purchll' pricer fr.. and cle.r d the objection. and an oth... title exceptiOns agreed to be removed II part d thia
tran.action.
I. ADDI110NAL PROVI8lON8: ..... Addendum A
For addlllonal provision.. I" Addendum A
.. DEED: Seller shall convey mnetable title to the Property by .tatutory warranty deed (or good and .ufficlent peraonll repres.ntatlve or
tru.t.... deed, wh.... appllc.ble) f.... and clear cA d liens cA record, mHl property lax.. which are a lien but not yet payable, zoning
ordlnanc.., building and ua. r..trlctlons, r".Nations in Federal patents, ...ements ~ record which affect the Property, covenants,
conditions and restrictions d record, and those matters accepted by Buyer punuant to Section 4 above.
7. FIXTURU: AI fbdur., indudlng remote controls and ....ntial related equlpm.nt, are to b. left upon the Prop.rty. Fixtu,. shall
indud. but not b. limited to: Bull-In appllancee; attached floor cover\ngt; drapery rods and curtain rod.; window and door acreen.; storm
doors .nd windows; Iyttem fbltur. (irrigation, plumbing, venti...ing, cooling .nd heating); wat... heaters; attached electrlc light and
bathroom fixtur..; light bulbs; f1uoreacent IlImps; window blind.; awning.; feneae; all planted .hrubs, planta and tr...; EXCEPT:
None
a. PERSONAL PROPERTY: Th.following person.1 property, In "M-IS- condlllon and at no .tated value. Included:
AI.ldtchen aDDflancea .nd eaulam.nt......-.tlv In bullclna.
.. ALARM SYSTEM: 0 NONE 181 OWNED 0 LEASED. If lea.ed, Buyer 0 wY118I will not as.ume the lea.. at closing. Approximate
monthly lea.. payment Is Snta
10. SELLER REPRESENTATIONS:
(1) The abow cIweIllng" connecUd to (check all that .pply): 181 a publlc.ewer ayatem; 0 an on..tte HWlg8 ayat8m. 181 a
public watar ayatem. 0 a prtYate welL (2) At the earlier 01 po.....lon Oft cloelng dat8, the dwellng wll have one or more
operating amo'- atarma Oft amake detectOl'l .. Nqulred by law (.... httpIlwwvufm.atat8.Oft...). (3) Sel.... hI8 no knowledge 01
any hazardoue subatancM on the Property other than sulMtancea (I any) contained In appllancee and equipment. Buyer
acknowledgn that aIbMtoe commonly .x'" In lneulatton. cellInp. floor cov..nga and other .... In ....1dentI.. howl.. and
may .xlal In the Property. (4) ...lerlcnow8 01 no materlal muctural defecta. (I) Allelec:trtcal wiring. heating. cooIng. plumbing
and irrigation equlpm.nt. and ay.wme and the belance 01 the Property, Including the Yard. will be In .ubstantlally Ita pnHnt
condition at the time Buy_ '- entitled to poe....lon. (I) s.n... hae no notIc. 01 a." Ilene to be ........s .gal'" the Property. (7)
"I'" hae no notice from any govemmental agency 01 any violation of law .....tIng to t.. Property. (8) SeI.... Is not a "foreign
penon" uncIer tha Foreign Inveetment In Real Property Tax Act ("FIRPTA") .. defined In SectIon 21 below. (I) SeI.... agrHe to
promptly notify Buy... If, prior to CI08Ing. Seller receIvH actual notice of any ev.nt. or condition which could ....utI In maldng any
prevIoUlIy dlacloud matwlal Inronn.tIon relating to t.. Property .ubsblntl.11y mlaleadlng or IncOlTect. TheM repreaentatlone
are baed upon ..I..... actual knowledge. S.I.... ... made no InvMtlgatlone. exc.ptlo.. to Itema (1) through (e) ....: none .
Buy... acknowledgH that the .bov. re.....lUtlone are not warrant'" Nglrdlng the condlllon of the Property and .... not a
subatltute fOft, nor In lieu of, Buy..... own reeponalblllty to conduct . thorough and complete Independ.nt Inveatlgatlon.
Including the UN of prof...lonal.. where .ppro....... regarding an material mattere bearing on the condition of the Property, Ita
value and Ita .ultablllty for Buy..... Intended .... Neither the LIatIng nor Selling Lie...... shall be r...ponelble for conducting
any IMpaction or Inveatllilatlon of any ..pec:ta of the Property.
11. "AS..S": Except for S.U"'-. ..prase wrIttH .9'"me.,...nd written representatlone contained herein. .nd Seller'. Property
D'.cloewe, If any, Buw'- .. pureha.lng the Property "AS.I8," In It8 pre..nt condition and with all defecta apparent or not
apparent. Thl. provision shall not be conatrued to limit Buy..... rlght to Impll" new home warrantln, If any, that may otherwls.
UNES WITH THIS SYMBOl + REQUIRE A SIGNATURE OF BUYER ANO/OR SELLER AND DATE
@ 2005 Oregon Real Estate Fams, U.C 01105 No portion may be reproduced without express permission d Or on Real Estate Forms, LLC
OREF 001-2 Buyer Inltiala~ Oate
REAL ESTATE SALE AGREEMENT - Page 2 c:A 7 Sell..lnitials~~ Date
48
124
125
126
127
128
129
130
131
132
133
1304
135
138
137
138
138
140
141
142
143
144
145
1<48
147
148
148
150
151
152
153
154
15&
158
157
158
158
160
161
162
163
164
165
1a8
167
168
189
170
171
172
173
174
175
178
1n
178
179
180
181
182
183
184
186
188
A1'TACHfENT J-
pagl'l of { r~
\iI
exIet under Ongon law.
12. PRIVATE WELL: If appliCable. 5.11. repr...nta that the prlvat. w.ter wen Ioc:ated on or serving the Property has provided an
adequate supply d wat. tIIroughout the y.ar for hous.hold u... To the beet d S.IIer'. knowledg., the wat. II fI for human consumption
and the continued us. of the well and water is authorized by and compllel with the law. d the Stat. of Oregon and appropriate
governmental agenclel. No other repres.nt.tion Is mad. concerning the water supply and wet except as .xpressly stated In this
Agreement. If the weM provides water for domestic purpos.., upon S.lter's accept.nce d Buy..... offer, Seller, at S.lIer's exp.ns., wll
have the well t..ted for nlrates and total coliform bacteria and for such oth. m.tt.,. as are required by the Oregon H.alth Dlvlaion. Upon
rec.ipt, Seller shall promptly lubmit the test resub to th. Oregon H.alh Oivllion and BuY.. At Buy..... .xp.n.., Buyer may have the w.1I
water tested for quantity or qually by a qualifitd teeter, and obtain I written report r:A such tllt(S), showing the deflclencitt (f any) In the
well .nd the stand.rd. required to correct the deficiencies, all within D bualn... d.~ (s.ven (7) if not f1Ued in) aft.- the date Seller and
Buy.r have signed thle Agreem.nt. If the written report d any test mad. by S.11er or Buy. showe a subatantial deficiency in qu.ntity or
quality of the water, Buy... may terminate thia tran.actlon by delivering written notice of termination, together with . copy of th. test report,
to Sell. or the listing IIc.ns.. within tw.nty-four (24) houri after the recel9l by Buyer of the written teat report unl.... within twenty-four
(24) houl'8 aft. delivery of notice of termination, Seller agre.. in writing to correct the deflc:lenci.. ahown on the report. Any report
obtained by Buyer wig show what deficiencies. If any, are aubatlntial In the event Iny w.l. located upon the Property are not currently
registered with the applicable governmental ag.ncy. Seller agrees to ...iM Buyer, at Buy.r's sole expena., in registering them. Th.
preceding sentence shall,uriiw closing of this transaction. For addition.1 we" provisions, a.. Addendum "'.
I Sale Agreement' 110401
13. INSPECTIONS: EIuJ.. tntersta.. thet It III advlea.... to haw a comp.... IIWpectIon of the Property br qualified
prot..lonat(e). Niall,. to such mau.ra .. struct&nI condition, sol condltJonlcompectlon. stability, envlronmedal .......
...-ver, zoning. operating ay........ and eultabllltr for the ........ InIIendecI pwpoee. ........ the LIIItIng nor SeIIng LIce.....
aN quallIIed to conduct .uch lnepedone and .... not be I"HpOIWIbIe to do eo. For...... detaI... Bur" III encou....... to
revt.. the .. Mv lit · :J1www. or at · 1:www..........or.ue".
t8l PROFESSIONAL INSPECTIONS: At Buy'" expense. Buyer may have the Property and an elemenll and syatems thereof In.peeled
by one or more prof...lona. of Buy"s choice. Provided, however, BuY*' mUlt specific.1Iy identify In thll Agreement any deeired
inspection. which may Includ. te.tlng or removal of any portion of the Property. Buyer und.,.tands that Buy. is responsible for the
restoration of the Property following any inspection(.)lteet(.) performed by Buyer or on Buyer'. behalf. Buyer shan hav'1I busln... daya
(ten [10J if not filled In), after the date Seller .nd Buy. have .igned this Agreement, (hereinafter "th. Inspection Period' in which to
negotiate with Seller regarding any matt.ra dlacloaed In any inspection report. However. during the In.pection Period. Seller .hall not b.
required to modify any terms of this Agreement alr.ady reached with Buyer. Unlees a writt.n and .igned modification is re.ched. at any
time dl.lrino the Inspection Period, Buyer m.y notify Seller or Listing Llcenae.. in writing. of Buy..... unconditional disapproval of the
property baaed on any inspection report(s), In which C__, all e.neat mon.y depClllta shaH be promptly refunded and this transaction shall
b. terminated. Buyer ahall promptly provide a copy of al reports to S.Iler only if requested by Seller. I .... fal18 to provtde Sel.... or
U8t1ng LIce.... with written unconditional d"'pproval of a~ IIWpectlon report(a) br MIdnight of the final day of the lnapectlon
PerIod, eu,.. .haD be deemed to have accepted the condition of the Property.
o SEE ATTACHED ADDENDUM REGARDING ALTERNATIVE INSPECTION PROCEDURES.
o BUYER'S WAIVER OF INSPECTION CONTINGENCY: Buyer acknowledges that Buy.r has been given an opportunity to have the
Property fully in.peded. Buyer repres.nts to Seller and all Licen.... and Firm. that Buyer is fully satisfied with the condition of the
Property and aU elementa and .ystem. thereof and electl to waive the right to have any in.pections performed as a contingency to the
clOling d the transaction. Buyer'. election to waive the right of Inspection is solely Buye"s decision and at Buyer's own rlak.
14. LEAD-BASED PAINT INSPECTION: I the Property watt constructed before 1971, . Lead-Ba..d Paint D..cloa..... Add.ndum
(heNlnan.r "the Dlacloeure Addendum") ahaH be .Igned br Sell... Buy.. .nd u.ung and Selling L1cenuea. and made a part of
thlll Sale Agreement. After ....dlng the Mellon below, Buyer should check the accompanying box If Buy.. Intend8 to conduct a
r1ak .........nt or Inspection.
o Buyer shall have _ calendar days (ten [10} if not filled in), hereinafter referred to _ "the Lead-Baaed Paint Inspection Period," within
which to conduct said as....m.nt or in.pectlon. The Lead-Baaed Paint Inlpedion P.riod shan commence when Buyer signa the
Disclosure Addendum, During the Lead-Baaed Paint Inspection Period. Buyer shall not become obligated under this Sale Agreement.
Buy.. may, In writing, unconditionally cancel th18 traneactlon during the Lead-Based Paint lnapec:tlon PerIod and receive a
prompt ret..n of an ....nest mOl1lV depoelta. Buy. undtntanda th8t the fallu... to glv. timely writt8n notlc. of cancellation ahall
constitute acceptance of the condition of the Property .. It relatea to the pr...nee of lead-based paint or I.ad-baud paint
huardL
11. ESCROW: This transaction shall be closed at Fld.11tv T1tIe-Woodburn ("escrow'. a neutral escrow located In the State of Oregon.
COlli 01 escrow shall b. shared equally between S.ller and Buyer, unl.s. Buyer is financing through Federal VA, in which case Seller
shall pay all escrow coats.
UNES WITH THIS SYMBOL*" REQUIRE A SIGNATURE OF BUYER ANDlOR SELLER AND DATE
<02005 Oregon Real Estate Forma, LLC 01105 No portion may be reproduced without express permission rl Or on Real Estate Forms, LLC
OREFOO1.3 Buyerlnitlal~_Date , I
REAL ESTATE SALE AGREEMENT - Page 3 rl7 Seller Initla~_ Date
49
,...
187
188
189
190
191
192
193
194
19!5
198
191
198
198
200
201
202
203
204
205
208
207
208
208
210
211
212
213
214
215
218
217
218
219
220
221
222
223
224
225
228
'1ZT
228
229
230
231
232
233
234
2315
238
237
238
239
240
241
242
243
244
2016
248
247
248
249
2~
251
~ ~~:C~~~ ~ I ...._.11....
1" CLOSING: 11M1 . OF 1ME ESSENCE. Clo.lng .hall occ:ur on a date mutually agr.ed upon by S.ller and Buyer, but In no .v.nt later
than Dec.1.. 2001 ('the Cto.ing Deadline'. The terme "clOMd", "cIc*ng" or "cIc*ng claW" .hall mean when the deed or
contract Ie recorded and 'uncle aN aval"ble to Sel..... Sen., and Buy. .clmawteclge that for clotlng to occ.. ~ the Cloelng
Deadl.,., It mllJ be nec:eaaary to exec_ documenta !D5I depotlt f\nIe In Escrow prior to that ....
17. POSSESSION: S.11er shall remove all peosonal property {inckadlng trllh and debrisLthlt Is not a pM d this transaction. and d.liver
pouesllon d the Property to Buyer (check one): ~ by 5:00 p.m. on the closing date; 0 by _ 0 a.m. 0 p.m. _ days after the
closino date; 0 by _ 0 am. 0 p.m. on the _ day d . If a tenant Is curr.ntly In pOl....ion d the Property
(check one): 0 Buyer wiU accept tenant at the clollng date; 0 Seller ahall have fun r.ponsibllly for removal d tenant prior to closing
date.
1.. PRORATIONS: Prorat.. for r.nta, curr.nt y.a", taxes, Int.....t on aslumed obllgatlona, and other pr~.1d upen... attributable to
the Property shall be .. d: (check one only) 1:1 the ao.lng date; 0 date Bu~er Is entitled to pOl....Ion; or 0 '
11. SEL1.ER POSSESSION AFTER CLOSING: In the event that Seller and Buyer have IIIr.ed that S.11er will d.liver pos....ion after the
closing date, S.11er .hall pay as consld.ratlon $"" per day for each day after clOllng that Seller remain. in posa...lon of
the Property. Such payment .ha. be made by S.11er through Escrow at the time d clOllng and no landlord-tenant r.lationship .ha. be
created thereby, so long. Seller's pOII...1on does not .xceed 90 days after the date d cIoling. See attached Addendum . if
applicable.
20. UT1UTIES: S.11er aha. pay aU utility billa accrued to date Buyer. entlttH to pon...ion. Buyer .haH pay Sener for heating fuel then on
prem.., at Seller'. supplier'. rat. on the pOll.alon dat.. Paym.nt shall be handled b.tween Buyer and s.ner outside of escrow.
21. INSURANCE: Seller sha. keep the Property fully In.ured until clollng.
22. ESCROW DEPOSIT: Escrow Is hereby in.tructed by S.ller and Buyer.. follow.: (1) Upon your receipt d a copy d this Agreement
merked .rejected" by Seller or upon Lilting Firm'. written advic:e that the offer . .rejected" by Sell.... you are to refund aU ..rneat money to
Buyer. (2) Upon your receipt d a copy d thla Agreement .Igned by S.ller and Buyer, .et up an escrow account and proceed with clOllng
in accordance with the terma d th. Agreement. If you determine that the tran.actlon cannot ~ closed for any reason (whether or not
there Is then a dispute between Seller and Buyer), .ubject only to Section 37 b.low, you are to hold all earnest money depOlita until you
receive writen inatructiona from Seller and Buyer II to disposition of such d.po.ita.
23. EARNEST MONEY PAYMENTIREFUND: If (1) Seller does not approve this Agreement; or (2) S.ller approves this Agreement but faila
to furnish merkelable title; or (3) Seller falll to complete \hill transaction In accordance with this Agreement, or p.rform any other act as
herein provlded; or (4) any condition which Buy. h.. mild. an .xpr... contingency In this Agreem.nt (and has not been otherwille
waived) falla through no faul of Buyer. then an earnest money .hall be promptly refunded to Buyer. However, acceptance by Buyer fA the
refund .haH not constitute a waiver d other legal remed.. available to Buyer. If Seier .Igna this Agreement and title is marketable; and (1)
Buy... h.. miarepr..entecl Buy"'. financial .tatus; or (2) Buy.... bank does not pay, when pr...nted, any check given as ..n..t money;
or (3) Buy. falla to redeem, when du., any not. given II ....n..t mon.y; or (4) Buyer falla to complete thill tran.actlon In accordance with
thill Agreement, or perform any other act a. h..1n provided, then aU eameat money paid or agreed to ~ paid .haU ~ paid to Seller either
as liquidated damages or II otherwls. anowed under Oregon law, and this transaction shall be terminated. It Ie the Intention 01 the
partIee that Sel...... .oIe remecIy aplnet Buy., for Buy..... fall... to CiON thle tranuctlon .hall be limited to the amount 01
earnaat money paid or aped to be paid herein.
2A. BINDING EFFECT/CONSENT: Thill Agreement is binding upon the heirs, personal r.pr...ntative., .ucc..sors and assigns of Buyer
and Seller. However, Buyer'. rlghta under this Agreement or in the Property are not assignable without prior writt.n consent d Seller.
2L FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT: Th. Foreign Investment in Real Prop.rty Tax Act ("FIRPTA1 requires
every person who purchas.. real property located within the United States from a -rorelgn person. to deduct and withhold from the S.II....
proceeds t.n percent (10%) of the gron salea pric., with certain exception., and to pay the amount withheld to the Internal Revenue
Service. A "foreign p....on. includes a non-reaid.nt alien individual, foreign corporation, foreign partnership, foreign tru.t and foreign
estat.. Seller and Buyer agr.e to .xecute and d.llver, as appropriate, any in.trum.nt. affidavit or statement, and to p.rform any acts
reasonable or necellary to carry out the provlaiona 01 FIRPTA. If Seller is a foreign person as defined by FIRPTA, Seller and Buyer
instruct Escrow to take all nece..ary .tep. to comply therewith.
28. APPROVED USES: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT
PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING OEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES.
IF THE PROPERTY OESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS 358,505, ORS
358.515 REQUIRES NOTIFICATION TO THE STATE HISTORIC PRESERVATION OFFICER OF SAtE OR TRANSFER OFTHIS
PROPERTY.
UNES WITH THIS SYMBOL" REQUIRE A SIGNATURE OF BUYER ANOIOR SELLER AND DATE
02005 Oregon Real Estate Forma, LLC 01105 No portion may be reproduced without express p~mi..ion r:I Or on Real Estate Forms, LLC
OREF 001....
S ",AI'" Buyer Initlala ~
REAL. E TATE ~ AGREEMENT - Page 4 _~ 7. _ Seller Initla~
50
..~ ~.
~ ATTACJ;tMENT :-} I SaleAgreemem'110401
tfiI Page ':'.l..._ of --L) ,
252 27. IRC 1031 EXCHANGE: In the event S.II... 01 Buyer .Iects to complet. an IRC 1031 exchange in this traneaction, the other party
253 agre.. to cooperate with them and the accommodltor. If any. in . manner nec....ry to complete the exchange. 80 long at it will not delay
254 the close cI eacrow or cau.. additional expen.. or liabilly to the cooperating party. Unl... otherwise provided herein, this provl.ion .han
255 not become. contingency to the clo.ing rl thll traneactlon.
2!iS
2S7 21. LEVY OF ADDI110NAL PROPERlY TAXES: The Property: (check on.) 0 II 1m is not specially ..eeseed for property tax.. (..g.
258 farm, foreet or other) In a w.y which may resut in levy rl addllonal taxes in the future. If I Ia specially .....ed, Seller represents thlt the
258 Property II current .. to Income or other conditions required to pr.....,. ita deferred tax etatus. If... a resut cI Buyer's actions or the
2eO cloeing rl thll tranllctlon. the Property either II disqualfled from special use a..essment 01101" ita deferred property tax stalu" un..s
281 otherwiae specifically proWled in thia Agreement, Buyer Ihll be reaponlible 101 IIId Ihal pay when due, any deferred and/or addllonal
2G taxes and int.eat which may be levied againat the Property and shall hold Seller completely h.-mleal therefrom. However, if.. a r..ua 01
263 the Seller'. actions prior to closing, the Property ..her II disqualified from Ita .ntltlement to speelal Ule ......ment or los.. ita deferred
2&4 property tax stilus, Seller IhaY be responsible for and Ihall pay at or before closing all def.red and/or additional tax.. and int.,..t which
268 may be levied againlt the Property and shall hold Buy... completely hlnnl... therefrom.
28IS
287 21. ADDITIONAL LAND SALE CONTRACTITRUST DEEOIIIORTGAGE PROVISIONS: If thll transaction is to include a land sale
261 contract, tN.t deed or mortgage to be Clffled back by s.ner, Buy. and Seller ,h.1 agr.. upon the term. and condition. 01 IUch
261 document not liter than !D bu.ln... daya (ten [10) if not filled in) after the date Seller and Buyer have signed thll Agreement. Upon
270 fallure to rueh .uch agreement within .ald time period, tltll transaction aha' be terminated, and all earneat money shall be promptly
271 refunded t au
272
m
274
275
278
277
278
279
280
281
282
283
284
286
288
281
288
289
290
291
292
293
294
295
298
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
[1,'Jll'I't . ~ ,-,l tl1. l!\~ I~j'.(\l J ~J-; ~lf [~f-H ,","'l{) f1,jT\ i~ \J~H../
30. DlSPUTa RE8OLUT1ON BE1WEEN SeLLER AND BUYER: Seller and Buy. agree thllt aU claims, controvert.. and d.put..
between them, Including those for reaclnlon (hereinafter collectively referred to as "Claims', relating directly or indlrectty to thll
transaction, shaH be reao\ved in 1CC0rdance with the proceclur. set forth h..ln, which shall expreuly survive cto.inO or ....11er
termination 01 thll Agreement Provided, however. the following matt.... shan not conltitute Claims: (1) any proceeding to collec:t, interpret
or enforce any mortgage, trust deed, land sale contract or recorded conatructlon lien; or (2) a forcible entry and detainer ICtlon (eviction).
The fil1no In court for the iI.uance of any provlllonal proc... or similar remedy deacribecl In the Oregon or Federal Rule. ~ Civil
Procedure shall not consttute I waiver of the right or duty to utilize the dilpute resolution procedur.. specified herein.
31. SMALL CLAIMS BETWEEN SELLER AND BUYER: Notwithstanding the following Sections, Seller and Buyer agree that aft ClallN
between them that are wihin the jurisdiction 01 the Sma" Claim. Court shall be brought and decided ther., in lieu ~ mediation, arbilratlon
or litigation in any other forum.
32. IEDlATtON B&1WEEN SELJ.ER AND BUYER: If Seller or Buyer were represented in th. transaction by a Licens.. whose principal
broker Ia a memb. 01 the NllIonal Asaociltlon 01 REAL TOR_, all Claims between Seller and Buy.r shan be submitted to mediation in
accordance with the procedur.. 01 the Home SellerlHome BuY*' Dllpute R..otutlon System ~ the Nltlonll AI.oclatlon rl REAL TORse,
or other organizatlon-Idopted mediation program (collectively "The System,. Provided, however. if the Licen..... principal broker. not a
member 01 the National AMoclatlon 01 REAL TORse, or the System is not available through the principal brok.... Association of
REAL TORse, then all Claim. shall be submitted to mediation pursuant to: (1) the special mediation program admlnlltered by Arbitration
Service of Portland for the mediation of Claim. In thOle geographic are.. where the System .. not available through the principal broker'1
Association rl REALTORse, or (2) any other impartial private medlator(s) or program(s) providing such-servlc. in the county where the
Property is located, . selected by the party fll'lt fding for mediation.
33. ARBITRATION BElWEEN SELLER AND BUYER: AD Claim. between S.11er and Buyer that have not been resolved by mediation, 01
otherwlle, Ihall be submitted to final and binding private arbitration in accordance wih Oregon Laws. Filing for arbitration sl'taH be treated
the same as filing In court for purpos.. 01 meeting any applicable statut.. of limitation or for PUrpOSIl rl fing a Iii pendent. Seller or
Buyer may flle Claims either with Arbitration Service 01 Portland ("ASP") or. alternatively, with any other prof.llonal arbitration service that
h. exiating rulea of arbitration, provided that the setected altematlve service a.o us.. arbitrators who are In good ltanding with the
Oregon State Bar, with .xpertis. in real estate law and who can condud the h.aring In the county where the Prop.rty II located. The
arbitration service in which the Claim is flrst fdeclshall handle the case to ita conclusion. BY CONSENTING TO THIS PROVISION YOU
ARE AGREEING THAT DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE HEARD AND DECIDED BY ONE OR MORE
NEUTRAL ARBITRATORS AND YOU ARE GIVING UP THE RIGHT TO HAVE THE MATTER TRIED BY A JUDGE OR JURY. THE
RIGHT TO APPEAL AN ARBITRATION DECISION IS LIMITED UNDER OREGON LAW.
34. ATTORNEY FEES IN CLAIMS BElWEEN SELLER AND BUYER: The prevailing party in any sui, action or arbitration (excluding
those Claime filed In SmaD Clalml Court) between Seller and Buyer shall be entitled to recovery of all reasonable attorney fees and costa
and disbursements II defined In ORCP 68 (including alt filing and mediator fees paid in mediation). Provided, however, if a mediation
service was available to the Seller or Buyer when the Claim ar088, the prevailing party shall not be entitled to any award d attorney fee.
unle.. It is ..tablilhed to the satllfactlon 01 the arbitratOl(s) or judge that the prevailing party offered or agreed in writing to participate in
mediation lor to or rom u on the fmn in arbitration or court.
313
314
UNES WITH THIS SYMBOL .. REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE
C 2005 Oregon Real Estate Forme, LLC 01105 No portion may be reproduced without expresa permission dO on Real Estat. Forms. U.C
OREF 001-5
REAL ESTATE SALE AGREEMENT _ Page 5 d 7 Buy.lnitlala~_ Date
Seller Initlala ~_ Oat.
51
~
315
318
311
318
319
320
321
322
323
32A
325
328
3X1
328
32i
330
331
332
333
334
335
338
3'S1
338
338
340
341
342
343
344
3045
348
347
348
348
35)
351
352
363
354
365
358
357
358
358
3ElO
381
362
383
3&4
365
3S6
3m
368
369
370
371
3n
373
ATTACHMENT d"'"
Page _..:.~-- of t 1 I
1iI S... Agreement '110401
31. SMALL CLAIMS COURT AND ARBITRATION: All claima. controversies OC' disputea relating to thil tranaactlon in which a Llcena.. or
Firm identified in the Final Agency Acknowledgment Section above. ia named .1 a party, shall b. r..olved exclualvely at follow.: (1) If
within the juriadlctlonallimlt of Small Clalme Court, the matter shall bt brought and decided there, in lieu d arbitration or Iitlgetlon In any
other forum. (2) AU other claims, controversiel OC' dlsput.. involving such llcens.. or Firm ah.. be resolved through fll1al and binding
arbitration ualng the arbitration seledion procell d.tetibed In Sldlon 33. above. Thll Section 35 shall be In lieu d Utlgatlon involving
such llcens.. or Firm In any other forum. Such Llcena.. or Firm may voluntarily participate In formal or informal mediation It any time,
but sha. not be required to do '0 under thll Section 35. Thla Section 35 shan not apply to those matt.. in which: (a) The claim.
controveray or diapute II excluaively betw.en Realo'" and I. oth.rwiae required to be r.olved under the Prof...Ion.. Standarde
Arbitration provilionl ci the National Association of REALTORS.; (b) The Llclfl$ee or Firm tin agreed to partlc~ate in alternative dllpute
r..olutlon in a prior wrttll'llisting. service or fll agreemlnt with thl Siller or Buyer, or (e) The licens.. or Firm II the Seller or Buy<< In
thil tran.actlon (In which c.... Sectlont 30-34 Ihall apply). Thil Section 3& shall expreaaly survive clOling OC' .arller termination d thll
Agreement. ,. to a." claim. conIrOveray ot cn.pute In which euch LIce... ot Finn Ie named _ a pIIty. thle SectIon 31 ehall,
whIre applicable. be In lieu 01. replace and aupM'ClCle the altlwnatlYe chpue. neol\tlon and attornev fee provltalo.. of Sectlo..
30-034 above.
31. RECEIPT FOR EARNEST IION&Y: The undersigned Selling Firm acknowledgea receipt d eamest money (which Selling Firm agre..
to handle .. provided below) from Buyer In the lum ci $2000 evidenced by (check one) 0 CASH 0 CHECK
181 PROMISSORY NOTE payable on or before 3 dIN. after acuDtance : 0 Other
37. EARNEST MONEY ..a1'RUCT1ONI: Buyer in.uucts the underalgned Selling Fim to handle thl earn..t money .. followa (check aU
that apply): 0 Hold any e.rn... money that iI in the form of a check undepotited pending mutual acceptance of thll Agreement and all
agreed-upon counter offers. an. which time depot. it II provided herein withIn thr.. (3) banking daya. 0 Deposit It in the SeUlng Firm'e
client truat account. and th....8fter/or 0 Depotl with Elcrow. 181 Depotit any earne.. money funda redeemed under I promlucry note
with F1de1ltv TItIt Co.. WoocIIM.m .
SElUNG LICENSEE AND SELLING FIRM SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO EARNEST MONEY WHICH
THE PARTIES HAVE AUTHORIZED TO BE TRANSFERRED TO A THIRD PARTY. ~ ' A f) /JJ
Selling Firm Hallma ProIMrtIeL lno. Selling licen... Signature~ ~1.U-~
Mai,Offa Addr... Phone FAX
.1iNIfteI\'offlce Addr... 741 Glatt Circle Woodbwn OR lT0'71 Phone 503-181-0121 FAX 103-181-7042
3L PROPERTY DISCLOSURE LAW Buyer acknowledg.. that unle.. thil tran.actlon it oth.rwlse exempted, Oregon law provld.. that
Buyer hat a right to revolte Buyer'a offer by giving Seller written notice thereof <a) within five (5) bUlin... daya after Seiler's delivery 01
Seller'a Property Dlsclolur. Statement ("th. Statement"), or (b) at any time before clotlng (aI denned in the Oregon Admlnlstratlv. Rule.)
if Buy. dOlI not receive the Statement from Seller befOC'e cloaing. Buyer may waive the right of revocation if done 10 in writing.
Seller authorizea the Listing Firm to receive Buyer's notlc. of revocation, if any, on Seiler's behalf.
31. COUNTERPARTSlDEIJVERY: Thia Agreement may be signed in multiple counterparts with the aame effect .. if all parties signed the
same document. Delivery of a legible photocopy, telefax. carbon or carbon less copy of a signed original of thia Agreement shall be treated
the same a. delivery d the originaL
40. AGREEMENT TO PURCHASE: BUYER acknowledgee rec.1pt of . complaly DIed In co." of thIs Ag....ment which B.... has
fully read and undentanda. Buyer acknowledgee that Buyer Me not receIwd ot rel1ed upon any oral ot written stattm.... mad.
by Seta. or any lice..... which .... not ......, contained In tide Agreem.nt. ..It...... a.l.... nor any LIe..,.... warrant the
square footage 01 any atructLn ot 'he .to 01 a." land being pW'Chaaed. If .quare footage ot land slz. .. . m......1
co..lderatlon, aU atructwea and land shoulcl be me_unci by Buy. prlot to signing, ot should be made an e.... contingency
In this Agreement.
Deed or contract shall be prepared in the name of M~~. Aabv . __ _ __
Thie offer shall automatically expire on (insert date) Nov. . . 200S at i:oo 0 a.m. ~ p.m., (the Offer Deadline). if
not accepted within !hit time. Buyer may w~hdraw th. offer any time prior to Seller'. acceptance before the Off. Deadline. If Seller
accepta thia offer after the Offer Deadline, it shall not be binding upon Buyer unless accepted by Buyer in writing within a busin... day.
(two (2] if not filled in) thereafter by so indicating at Section <43 below. Thia offer may be accepted by Seller only in writing.
Buyer
Buyer
Addr... 8IA a:htflelcl CIrcle. T1aard. ~
Phone Home 603-643-3314 Work 503-2&8-7441
Date
Date
Work
_a.m. -----p.m. +
_a.m. -----p.m. +
Zip 97223
&It. Fa~SdJ -31), -:;'1'i.
LINES WITH THIS SYMBOL. REQUIRE A SIGNATURE OF BUYER ANDJOR SELLER AND DATE
02005 Oregon Real Estate Forma, LLC 01/05 No portion may be reproduced without express permission d Or on Real Estate Forms, U.c
OREF 001 ~
REAL ESTATE SALE AGREEMENT - Page 6 of 7 Buyer Initials ~_ Date I
Sell..lnitialt ~ Date
52
374
375
378
371
378
379
380
381
382
383
384
386
388
387
388
389
390
381
392
393
394
395
398
397
398
398
400
401
402
403
404
405
408
4f1T
408
409
410
"
~~:~~_E~TI~,,_,"_
N () , I ,\ h ( ,f S () R \ L 1 > ,~,\ 1 I ( > ~; S ,\ i( E P r f~ 1\11 f r: 0 1 () .\ ~ h' D (, R r I () N (J F T II t H< E f) R I N [ r [) F () R MAT () R T E_ X T () F f HI:-' f (J R M
i\N ( ,I> 1'1>[" )1'( ',I {J' > \.\r. ,r S lh ,'I \ \ ",\ I \ ~j,., ,lh)'ll [J 'F r,1A!'f- ,\N A "'> D,'\PA I E [JU( IJMHH (\if,NI ,LS B ( Sf I LlF I f~
I \ ' I r, S \',' 'H r () r. I f- I i F, 'k) ,R F ,~( 1" ') ,I ',') .\ II,)', f d (1', IRS S I, ,'J A r LJ 1< E "H,-I'L D A I 0, C Dt ()', A Sf P ,\ R .\ ' E
:" J( 'Ir,1f N [
. t. .. . .
By
(LlcenI.. presenting offer).
41. AGREEMENT TO SEWPAY C~laalON: Seller accepta thll offer. At the time ci closing, Seller agr... to pay In U.S. dollars to the
SelUng Firm Of, if thia II . co-op tranaactlon. to the Liating Firm. the sum of' fOC' prof...ion.. r.al ..tllte SlINic..
rendered in thia transaction. Seller luthorizee Lilting Firm to order I preliminary title report and title Insurance at Seiler's expens. and
further authoriz.. E.crow to pay out d the caah proceed. of ..Ie the expen... ci fumithlng title lnaurance. Seller'S recording f....
Seller'l doelng costa and any encumbrancea on the Property payable by Seller on or before clollng. sener ill I U,S. citizen unlea.
othefWlIe stated herein. StI1tr ICknowtedg.. receipt of a c:ompIet8Ir filled In COPf 01 thI8 Agreement. which Seller .. ~ ....d
and unctentande. Selltr acknowledg.. that Seller has not received or relied upon any oral or written atatementl of Buy. or any
Licenaee(.) which are not expr..sly contained in thil Agreemenlln the event Buyer faill to complete thil transaction.. provided herein,
all earn..t money shall be dlatrl)uted at follows after deduction ci any title inauranc. and escrow canc.llatlon charg_: (check one) 0
First to the Listing Firm to ttll extent d the agreed commit.1on ju.t .. if the tran.lICtlon had been closed. with r..idue to S.IIer, 0 or
Seller
Seller
Addr... 270 IIontaamerv St. Woodbtm OR
Phone Home Work 103-882-1221
Date
Dale
_I.m. ----p.m. +
_a.m. ----p.m. ..
Zip 97071
Fax 503-182..za
Work
OUNTER OFFER:
IIer dOH not accept the above offer, but mak. the attached counter offer; 0 Seller rejects Buyer'S offer without I
~ Dlte/f"J-dr. _a.m.L.l~
Date _I.m. ----p.m. ..
Zip 97071
Fax I03-88W243
4Z. REJECT
SELECT ONE:
count
Sel
Seller
Addr... 270 Montaomerv It. WoodIM.m OR
Phone Home Work IOS-ta-a2I
Work
43. BUYERS ACKNOlNLEDGMENT: Buyer acknowledgea rec.lpt cI a copy cI S.ller's written respon.. to thia Agreement. If S.II....
response ia an acceptance of Buyer'. offer that occurred after the Offer Deadline identified at Section 40 above. Buyer (select only one) 0
agrees 0 don not agree. to be bound thereby. (The fall... to check either box ahall conetitute rejection of Sell..... acceptance
an. the orr.r Duell...)
Buyer
Buyer
Date
Date
_a.m. ---.J>.m. ..
_a.m. ---.J>.m. .
411
412
413
414
415
418
417
44. CG-OP TRANSACTION:
Selling Firm Hallmark Proaertl... Inc.
Listing Firm Halllnn Proaertle&. Inc.
Selling Firm to rec.ive: (select one> % of purchase price or $
Listing Firm Main OffICe Addres. Phone FAX
Lilting Firm Branch Office Address 741 Glatt Circle Woodburn OR 97071 Phone 603-881-0821 FAX 503-181-7042
Listing Firm Principal Broker Initials/Date .Qt1 / 11- J/-t5" Selling Firm Principal Broker InitialsIDate ~ / II-q-OJ
Selling licensee David J. Christoff
Listing Licensee David Christoff
LINES WiTH THIS SYMBOL + REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE
02005 Oregon Real Estate Forms, LLC 01/05 No portion may be reproduced without express permission cI Or on Real Estate Formt, LLC
OREF 001.7
REAL ESTATE SALE AGREEMENT - Page 7 cl7 Buyer Initlala~_ Oat.
Seller Initiata ~ Date .
53
1
2
3
<4
5
6
7
~
ATTACHMENT .~
Page ___1.Q. of _
ADDENDUM TO REAL ESTATE SALE AGREEMENT
The Oregon Real Estate Agency h.. reviewed this form for compliance with the applicable provisiona on ORS.698 and find. that it
campi.. with thOle provision..
This II an Addendum to: 181 Reel Estate Sale Agreement
Re: Real Eat.. Sail Agreement No. 110401
Buyer: Mlkko D, Alibv
Seller. CItY of Woodburn
o Seller'a Counter Offer
Dated 11....2001
o Buy'" Counter Offer
Addendum No. A
8
9
10
11
12
13
14
15
18
11
18
19
20
21
22
23
The real property described .: 411 N 3RD ST WoocIbwn OR 17011
SELLER AND BUYER HEREBY AGREI THE FOLLONING SHALL BE A PART 011 THE REAL ESTATE SALE AGREE_NT
REFERENCED A.8OYE.
1, Buv.. Ie aw-. tMt tt. Seller Ie bound bv ORS 221.721 which reaulr_ all condltlonaDv .ceelUd offer8 to awe... the
DI'ODeI'tV to be ........ to the Cltv COWICII for their I'" aaarovaL The CIlv Ie reaulnd to actv.tItIe that thew aN ...nna the
oroaertv and that an orr. to DUI'Chue It wll be ......rDd to the Council on . eaecHIed date to allow 0DD0rtw1Itv for aubllc lnaut.
Aftw the .....na ta. CouncIl wtI d..... the offerfa' before them and wII direct the CItv Admlnlatratar on how to arOCMd. If
at.., offen come In DI'Ior to the DUbllc hearlna date then tIwv too ahall be .....nted to the Council for coMlderatIon.
2. Buv.. und.-.. thai _Id Public Hearlna date Ie acheduled for November 14. 2001 at 7:00 PM. Buv.. me 8ttend or ..net .
.........ntatlve to thIe hearlna In order to ....... anv auatto.. the CouncH me haw. but Buv.. la not reaulred to attend.
3. SelIw.nd DI'ClDet'tV IN eumal from ,..ldeNlal aroaertv dleclolnn rea....ments. Buver Ie DWChaalna ta. DI'ODeI'tY In .n "AS
IS" condition without anv warrantee or auarantee and Buver Ie reevlna UDOn their own IMaectton .. to the orooerlv'a condition.
4. auver .....In aeee.. anv aenonaI DrOaertv left on the arem.... aft8r clotlna.
24
25
28
Bu,., Slgnatur.1'Jj~
Buyer Slgn8ture _
SellerSig~~
Seller Signature
Date~
Date
4, .2~a.m.8 ~OOo.m.
_a.m. D.m.
Z7
28
29
Date J I /8/0).
Date
_a.m.~
_a.m. --p.m.
30
31
32
Listing licensee David Chrl8toff Selling Licensee David J. Chrlatgf[
Listing Firm Broker InitlaIsJDat.~ 11-1-" r- Selling Firm Broker InitialsJOate IfJI!
II-if ~()\
.0 Oregon Real Estate Forma, LLC 10197 No portion may be reproduced without expresl permission of Oregon Real Estate Forms, LLC
OREF 002
Addendum Page 1 of 1 Pages
54
,..
1
2
3
4
5
e
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Xl
28
29
30
31
~
ATTACHMENT ~
Page lL- of I ,
SELLER"S COUNTER OFFER
The Oregon Real E.tatI Agency 118. reviewed thla form for compllanc. with the applicable provlalona In ORS.8H and ftnda that
It com pI'" with thOM provlalona.
Re: Real Estate Sale Agreement No. ' / / () 9 f).s- Dated 11/412001
Buyer: Mlkko Aabv
Seller: Cltv of Woodbum
The real property described as: 411 N 3RD ST Woodbwn OR 97071
Seller agrees to sell the real and oeraonal property specified in Buyer's offer on the terms and condition. in Buyer's offer, except as
modified below: See Ad.nch.nl.....6.-
For additional provisionl, see Addendum _ g
AGREEMENT TO SELL:
All provlalon. of thll offer (or counter offer(s), where applicable) not otherwise modified, are approved and accepted by Seller. Time ia of
the esaence of thia counter offer. Thil counter offer shall automatically expire on Date Nov. 11 . mH a.m.1iB p.m., if not accepted
within that tim.. However, Seller may withdraw thia counter offer any time prior to written acceptance. Thia counter offer may be accepted
by Buyer only in writing. ~
If Buyer ac:cepta Seiler's counter offer, Seller agrees to pay to the Selling rll'm, or if this is a co-op transaction, the Listing Firm, the lum
of $12.000 for prof.sional real estate servic.. rendered in this transaction. Seller authoriz.. Listing Firm to
order a preliminary title report and title insurance at Seller'. expense and further authoriz. escrow to payout of the ca.h proceeda of sal.
the expenses of furnishing title insuranc., Seller's recording f..., Seller's closing costa and any encumbrance on the property payable by
Seller on or before closing. Seller is a U.S. citizen unle.. otherwise stated herein (See FIRPTA clause in Real Estate Sale Agreement).
SELLER ACKNOWLEDGES RECEIPT OF A COMPlETELY FILLED IN COpy OF BUYER'S OFFER AND SELLER'S COUNTER
OFFER, WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller hat not received or relied on any
statement made by any real estate licensee which is not herein expressed. In the event Buyer fail. to complete the sale as herein
provided, the earn.t money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: (check
one) 0 First to the Listing Firm, to the extent cI the agreed commission just as if the transaction had been consummated, with reaidue to
Seller; or ~ 1~ S.I.... ~
Seller SI~ A-~ ~ Date 1/ / ~ !o'\: _a.m. ~
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
46
49
50
51
52
53
54
55
56
Seller Signature
_a.m. -p.m.
Date
AGREEMENT TO PURCHASE:
o Buyer acc:epta Seller's counter offer.
o Buyer reJctCta Seller's counter offer: OR 0 Buyer makes the attached counter offer.
Buyer Signature
Buyer Signature
Date
Date
_a.m. -p.m.
_a.m. -p.m.
SELLER'S ACKNOWLEDGMENT:
Seller acknowledges receipt of copies of Buyer's offer and of Seller's counter offer bearing Buyer's signature, which Seller has fully read
and understand..
Seller Signature
Seller Signature
Date
Date
a.m. ----P.m-
a.m. -p.m.
RECEIPT OF EARNEST MONEY (Use only if earnest money provided in Buyer's offer is changed by Seller's counter offer).
Selling Firm acknowled~es receipt of earnest money from Buyer NOT previously receipted for in the sum of $ evidenced
o by cash, 0 check, 0 promissory note payable on or before , which Selling Firm agrees to handle as
provided in the Agreement.
Selling Licensee's signature
Listing Licensee DavId J. ChrIstoff
Listing Firm Broker's Initials/Date
@2005 Oregon Real Estate Forms, LLC 01/05
OREF 003-1
Selling Licensee David J. Christoff
Selling Firm Broker's Initials/Date
j;tJ/
1(,- ~~ 05-
4J~ / tt-S-O r
No portion may be reproduced without express permission rI Oregon Real Estate Forms, LLC
55
r
~
ATTACHMENT ~
Page J~ of.~ I
ADDENDUM TO REAL ESTATE SALE AGREEMENT
1
2
3
4
5
6
7
The Oregon Real Estate Agency has reviewed this form for compliance with the applicable provisions on ORS.696 and find. that it
complie. with those provisions.
Thia is an Addendum to: 0 Real Estat. Sale ~S1reement
Re: Real Estate Sale Agreement No. I I 0 'f as-
Buyer: Mnd~o Aabv
Seller: CItY of Woodburn
181 Seller'. Counter Offer
Dated 11/412001
o Buyer's Counter Offer f}
Addendum No. 0
8
9
10
11
12
13
14
15
16
17
18
The reel property deacribed as: 411 N 3RD ST Woodburn OR 17071
SELLER AND BUYER HEREBY AGREE THE FOLLaNlNQ SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT
REFERENCED ABOVE.
1. euver Ie aware that the UN of the oroaertv muM com. with the Woodburn Develooment Ordinance (WDOt Commercial
orne. (Ca zo... _nd..... Buv... Ie aware that the DI'OaertY Ie not a dwelling and Buv... ...wnee a. rnDO...lbHItv for meetlna
fire. health and..,..." InUM for the CO zo....
2. Buv... Ie aware that the DI'OIMttv Ie In the NeIGhborhood Conaervattv. Overlev Dl8trlct and understancle that the Buver'a
DrODOSed UN of the DI'Oaertv may reaulre a Tvae II ADDllcatlon that mev reaulre added cost as well as off.... Imarovernenta,
19
20 Buyer Signature
21 Buyer Signature
Date
Date
_a.m. -----p.m.
_a.m. D.m.
22
23
24
SellerSig~U~
Seller Signature
I J/r</OS:
. .
_a.m. 2- ~
Date
Date
_a.m. -----p.m.
25
26
27
Listing licensee David J. ChrIstGIf
Listing Firm Broker Initials/Date ~
Selling licensee David J. ChrIstoff
II-f..... () \ Selling Firm Broker InitialalDate A9fL
/1-- '("- 6r-
(!:) Oregon Real Estate Forms, LLC 10191 No portion may be reproduced without express pennission cI Oregon Real Estate Forms, LLC
OREF 002
Addendum Page 1 of 1 Pages
56
Pf)oll!mbia
. ~ ~ ., .
'''>c._, ., . _. )" ., . _
'-~ "''-~' >l ' . ~._._...._,. ~_i ..
ATTACHMENT ~
'='age I ,._ of :)
PRE-APPROV AL
Attn: City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
This letter is to inform you Mikko D. Aaby has been pre-approved for a purchase price of
up to $200,000.00. The pre-approval is subject to the following conditions:
. Executed purchase agreement not to exceed $200,000.00
. Interior/exterior appraisal with minimum value of $200,000.00
. Preliminary title report
. Hazard insurance binder
This approval is valid to December 30, 2005 and is subject to final review by the lender.
Please feel free to call me at (503) 312-8344 if you have any questions.
Sincerely,
Su.5CtN1t 1<. S~S
Susan K. Sanders
Sr. Loan Officer
Cell: (503) 312-8344
Fax: (503) 249-5885
Email: ssanders@cmortgagc
Columbia Mortgage, LLC · 10000 SW Wilshire Street · Portland, OR 97225
57
r
NOV-08-2005 TUE 10:21 AM REI MAX PROFESSIONAL GRP
FAX NO. 5036577056
p, 12
ATTACHMENT ? . .
P --L .:s:: -
age of ","",=.,.
lDtroduetioD
My name is Brian Lehmanp. and 1 would like to thank you for considerinS my offer for
. nI
the purchase of the ptOperty located at 491 N. 3 St, Woodburn, OR 97071.
To offer a bit of background on myself. I own. and operate an audiovisual coosultina and
event management company headquartered in Portland called Audient Consulting. While
we do our primary business in oowntownPortland. Audient also manqcs several other
smaller companies in various niche markets associated with the event and mcctine
industry that are not location specific. I've lived in the Pacific Northwest all my li& with
relatives spread oul from Salem to Seattle.
IDtended Use
If successful in my purchase of the old Woodburn Communily Center, I intend to develop
the buildins into a mixed-use facility. This would involve.a remodel of the existing lower
level to better function as a public medina space, and a modernizing of the existing upper
level to serve as rentable office. space.
While it may take some time to develop thC property, my ultimate vision would be to
have the lower level of the building contain two tarae meeting spaces (a general purpose
meeting area and a banquet area witb kitchen). Smaller storage Of equipment rooms
would also be available. The main meedns space: will also have an installed sound and
projection system (designing audiovisual systemS is wbat I do for a living). These
combined areas would serve as a "Woodbum Emiclunent Center" emphasizing a public
meeting iacility philosophy. Rather than focus on large one-time events, the center would
encourage smalter repetitive meetinp such as personal enrichment classes (i.e. arts,
crafts, dance, theater, tai chi, etc,)~ small public gatherings, and business meetings.
Ultimately, the facility would be a success if it bad nightly low-impact activities (i.e.
small classes) that the neighborhood could enjoy, while stin havingplcnty of space for
that oc:casionallarger public meeting.
The upper floors would contain remodeled office space with professional infrastructure
including phones. intc:met, and power. The goal would be to have two, perhaps three low
impact business tenets, one of which would be my own internet publishing company (The
Meeting Guide). The other tenet should also be a "low-impact" business, basically
invisible to the neighborhood with no corporate signage. I consider this extremely
important. The building must blend into the neighborhood and must look like any other
well-maintained house. It is not appropriate for this to become a strip mall. I would look
for a business or businesses with only a few employees that need quality private space.
There must be no Deed for sipge or for public customer access.
58
NOV-08-2005 TUE 10:22 AM RE/MAX PROFESSIONAL GRP
FAX NO, 5036577056
p, 14
Viability as a MeetiDl Space
')
ATTACHMENT '" I
page..2:::- of '""
I have worked in the meeting industry for over twelve years and have a pretty good feeJ
for bow venues should market themselves to be successful. During my neighborhood
survey I asked neighbors bow they have used the building in the past, and if .it were to
remain a meeting space. how they would like to see it used in the future. In addition, 1
approached several businC3SCS around town to see how they might want to use the space,
In particular, I met with Linda Sprauer, Library Director of the Woodburn Library. She
has been in town for quite a lona t~ and she has seen the building IJSCd many different
ways.
From this research,. it is clear that traffic and parkins wiD always be a problem for this
facility. ThctCfore, large meetings or gatherings should not be the focus of any viable
strBteay. especially if 1 want to keep the neighbodlood happy. Instead, tbcus will be on
drawing smaller weekly groups (15 to 30 people) to use the facility.
This is more of a "tenant" approach, where clients can book a series of niahts at a
discount rate rather than a larger single event ni&ht. My experience has shown that
smaller consistent groups like this are much more valuable that the large one-time event.
Tbisfits perfectly into the neighborhood request for traffic and parking moderation. In
addition, my own \lision for the property would be to see consistent weekly "enrichment"
classes like arts, yoga, _d&nce, music, etc. being taught out of the building. This fits well
into tbe neighborhood plan and my own persOnal philosophy.
In addition. this facility will have built in sound system, high lumcn LCD projector and
wireless microphones 3"ailable for use. This should be useful for public and busincss
meetings. Since this is the area of focus for my primary business, I'm confident 1 can
provide the necessary resources for quality business meetings.
ViabiUty for Small bainess Tenets
Quality business space is always in demand. TIle building's primal)' tenet will be my own
internet publishing company caUed The Mectina Guide. It will require two new hires
from the local area. It is a business that develops websites that serve as resources for the
national meeting and travel industries. Total onsite employees will be four at maximum.
There should be some additional spaces for one additional tenet. The goal would be to
find a business that needs good commWlication infrastructure as wen as privacy. As I've
said pre"iously, no signage will be allowed on the exterior of the building. The
businesses must remain invisible to tbe community.
Conclusion
I would like to take this last opporwnity to thank you for considering my offer. My
U1timate goal is to' create a vibrant public tidUty that has the added fmancial stability of
daily business activity. A Strong component oelhis approach wHl be to focus on being a
good neighbor. Thank you for yow' time.
59
-
NOV-08-2005 rUE 10:22 AM RE/MAX PROFESSIONAL GRP
FAX NO, 5036577056
P, 13
Research
I performed an infonual neighborhood survey (basically a door-to-door walk) and asked
people if they had any hopes for the property and/or whether or not they bad ongoing
. u com~crns. Here is what I found:
ATTACHfENT ~ )4
Page of I
Hopes
. The idea. of some sort of public meeting spua: was very favorably welcomed,
something that was specifically available for varied activities and not just a single
use.
· Wanted the property to blend into the neighborhood and reD1ain aesthetically
p1easiJ1g. Concerns were expressed about it's nm down condition. although it was
acknowl~dged that things mostly appeared superficial.
· Seemed TO be lots of aood memories of when it was a public space.
Concerns:
. Primary concerns about the building centered around traffic and parking (mainly
~~~. .
. Secondary concerns centered around inappropriate usqe (ie. non-neighborhood
friendly businesses - W1Sightly, loud, etc. - apar1mcnts, manufacturing. restaurants
were examples speei;6caJly mentioned).
· Felt strange to have a business in the middle ofresidendal neighborhood.
As an investor/owner, my primary concern behind this intended purchase is to turn the
property into a viable enterprise. .My own hope is to do this in such a way that it is both
good for the neighborhood and the cily of Woodburn. I would like to stress that Pm very
sensitive to the neighborhood, because as a public meeting space I would need public
support on all levels for it to be successful.
60
r
NOV-08-2005 TUE 10:17 AM RE/MAX PROFESSIONAL GRP
ATTACHMENT \~ 1,
Page -1L of -
FAX NO. 5036577056
P, 03
~
I Sale Agreement. j I 0 ~ () ~
FINAL AGENCV ACKNOWLEDGMENT
1
2
3
..
!
6
1
I
9
10
11
12
13
14
15
18
17
18
UJ
20
21
22
23
24
25
28
21
28
2a
30
31
32
33
304
311
38
37
38
39
040
41
42
43
~
~
41
47
48
48
50
~1
52
53
54.
55
58
57
51
~
80th Buyer Ind Seller aclcnowledge having received the Oregon Reel Es... Agency C1ac1asure Pamph. and hereby Iclcnowledg. and
consem.~ ~ rolloB agency r.lallClnshlpa in lhil tlanuctlon:
(1).1!J 11(,E' mIl J ~l (,..",. of Sell", Llceneee) of RelUn Profealonal GreUD
(Name of RaI EstatlI FIlm) II the lIgent 01 (chtck one): la'" Tnt Buyer elldullvefy. 0 TIll Sellet excIusivety ("Seller Agency"'). D Both
the lu rand lhe liar. Unite" Agen~. . In.
(2) (Name of listing Lican...) of ,..,........1\.1 IWZ.k 1"tl.:4J~ T1 ~
(Nllme of RnI Ella" Arm) i. the agent 0' (check ane): Seller excIUlNelf. 0 8attJ the Buyer and the Seller ("DlaclcMd L.knIted
Agency").
(3) If both p8ftle. are .em repr.sented by one or mO....ic:en.... In the same Rut Esl8tlt FInn, and tn.Licen.... are lIUpenriMd by the
68m11 pnncipal bft)ker in that Reall:sl8fe Firm, Buyw and Seller aQcnowl8dge lhet said prtncipilbraker shall become the cstaclosed limited
agent for baIh Buyer and Seller a. moAt fully apbined in the DlsdOllld Llmiled AQencr Agnttlmenta that have been l'II~ and 'lgned
by Buyer. Seller and Licellsee(s).
Buyer anall sign \hi. acknowledgment .t \he lime of signing Ihls Agreement befo.. submlaGl 10 Sellar. Seier sh.u sign thll
adCnooMedgment al the time lhla AgrMment I, ftrat 1Ubmi*d Ia SaI_, even If this Agn!ement wit be rejtcIed or a coun1er ofl'8r will be
1Mde. Se~. slgn~)Pi' final Aeency AdcnowIedtment lhall'lOl conati"* acceptance of the Agrqnent or any terms thenlln.
auyer~ ~ Print 8rr4~ t.,1,,.,4,,,,, Dal8 l'/ror..
Buyer ~ Print - Date n +
~ .... - Print ___j./ftJ (1 '6/t'(..(/~ Dale / /11ft:,)"..
War Print Da.. +
.......... ~-~j\lt_ ""'\....~l r::::":.c~ ~,!,l_:... ~ :n[,,:,.l[~I""
-n. ~.. ......1dN 10 lie I \etII....lIlndlng ceNnlaL
. It'" niDt.undeNtoad, ... oO"'PI_..... .... w.. .......
1. DB'INmoNB: AD teferenc:M in Ihls Agnsement to "lIcen..... and firm" stlld! mer to Seler's III1d Buy.... real uta.. 1genl.llcenHd in
the Slate of Oregon and the respedfye real est.. campanies with wt\IctI they In affiMated:rhl UcIn".(I) and F1rm(s) ldenlifled In thl
Finlll AGency AcknowIedQnwnt SaCllon Ibcwe .. "at p.ftieI to IhIa Agr.1Mnt, tlCCept .. may be applicable in s.ctiona 35. 38, 37, "1,
and ...., below. Unea 0lhInNIIe provided herein: (1) Time aalcuteted in clays after thtI d8tl Seller end Buyer ha". signed IhIs AlJlMment
sl1a11 &tan on the 1Irat flII buslnlll dty after tile dale IMt the lut P"" h_ aigned ICC8pIIng thi. Agreement. indUdlIlt caunlllrotrer(s), it
appliC8bla; (2) Written notten l1Iqulrlld or pennilted under this Agreement to be derlVlred to Sellet or Buyer may be delivered 10 lhelr
respective llcen... with the aame ded as If delivered 10 that S....r or Buyer, (3) A -w.1neaa day' 1I.... mean and Include Monday
through Friday, except recognized legal hoIIdIIys.. enumeratlKt in ORS 187_010 and 187.020.
z. PRIC!IPROPIiRTY DEICRIPTIOII: Buyer ( . t n L ~""
offera to purchase from Seller (print n'me(.~)
the following described rwaI praperty (hereinafter "the Prapelty-) lIiIu.... in the 81_ of Oregon, County of
n~ kn ~ identlled u (' addlu., zip co. tax icIe iftcatIon numtIer. lIIIdIor Iot-block deKrfptlon, .t~)
(Seller and Buyer agrM that if' ia not provided herein, . compte" leg ~t10" as ptovlchld by the title insurance compeny in
:c:,~:~= = t.'::~n:vj :':~'~::~:'~'~'~~~:~IJW~.~.f~.~~.~_~.:~~~ ~t~ 000 .'-
on Ihe IoI/owing 1lmnI: Earnest money llerain ~ far.......... B' ~, vu.
on r a. addlllanat e.meat maney, Ihe sum at. C. -
at or befol8 do_into the b81Mce 01 down J!.Iymenl ....n____ 0 $ ~ ()C)O . ~
II -..... ....,_ala'IlEEDQ ~i;,e;;;m.of ~.. c;.,p... e_...... UneAl .E $~~. --
PaYlble.s 101-. (Dac:ribe ~lii..y Ioan(.) to be Obtainld):~."~ I} r;. 14- c.i;;;i:;.n,
For addUlonel datalla, - Addendum ~UI1l- LJJI'rN.
3. BUYIiK UPRElIiNT AT10NU..OAN COIf1UIGI!NCY: As 01 the dale of signing alii Agreement, Buyer has sufficient funds IIlIIIiI.bl, to
CION this IreRACt\on In Iccordance with the hNms proposed herein, end i. nol relying an any contingent source of funds (o.g. from loans.
gilla; .... or clOSing of PllIpIIrty, 4011( dlsburlemltlll. llte.), un.... otherwise d1adoaed in IhIa Agreement
- IF A. NEW LOAN IS REQUIRED. THIS lRANSACTlON IS SUBJECT TO BUYER AND PROPeR'rf QUALIFYING FOR THE LOAN AND
THE LeNDeR'S APPRAISAL BEING NOT LESS 'Tl1AN THE PURCHASE PRICE. Thia COIUII1Gancy Is SOlely for Buyer's benelt and may
be waived by Buy<< in writing. Buyer ag.... Ia make wriltan toan aPIHfcdoq not leter th.~ buaine.. clays (three (3) if not fllted in) afW
the date Seller and Buyer have algned thill .ement and thereafter, camptete necesury papen. and exert belt etfOl1l, Including
payment of all application, eppl1llsal and proC8Slllng lea, in ont... to procure the toenSUyer lMIthortzes lender to provide non-ccnftdentlal
LINES WITH THIS SYMBOL ~ ~QUIRE A SIGNATURE OF 8UYER ANDleR SSLu:R AND DATE
C 2005 Oregon lUal Est.1t Farma. LLC Q1105 No portIon may be ..prOduad IIItlhaut expreu permission of Or n Reel Estate Form.. LLC
OREf 001-1 Buyer Initiaa 5L. J Dale P
REAL eSTATE SALE AGREEMENT - Page 1 of 7 Seller Inllla";:Eij~ Da.. _
61
~
NOV-08-2005 TUE 10:17 AM RE/MAX PROFESSIONAL GRP FAX NOI 5036577056
ATTACt;MENT ---Jr-
page~of~1
~ SIIeAgJamenlt, JO~D~
actcnowledps that flood insunInca may be required II ec:onditlan of the new IOSft. BIIyer la ltncouraged 10 promptly vedfy the Iyellllbillly
and coat of propelty/casUllly lnauranc:e that will be MCUred for the Property.
.t. T1TL! INlURANCIi: Unl... othetwi.. provided he~n, !hia lnInlactlaft Is subject to BuyM'1 revl_ and af)prova/ of . prellminwy title
report and !hill rec.orded covenenta, condhlans and reatr1c11on1 ("the report and CC&Rt'11how1nt the condiIIon of tits. to the PropertyOf
not filly undellltDed. Buyer lhould ........, coniMI tile .. I_urance company few ,....... InfonnIItIan anRlc Complten&
I.aa' ..,Ie.. MlRI", the IJatlnt nor IIllnt Ilea..... 1111 qulllltd fD advIH o. .pec" II'" or .. InUM.t lJcxIn execution of
tIlis Agreement by Seller and Buyer, Seier wiI, at s.tlen tole 8lIpeflM, promptly order !he report enci.CC&Rs from an Oregon litle
InsUfW1C1lt company and rumblh lI1em ta Buyer, Upcm recetpt of lfll r~rt and CC&Ra, Buyer shll tllIV~ buBin... dS,. (r~ (5) if noC
nlled In) within which to notify Setler, In 'M'Hlng, of InY m..... d1.cfoMd In tIl. r8fIGrt and CC&Ae which illare unaccaptabtl to Buyer ("the
otljtdlOns'}. !!UyI(l faiIuIe to llmely object, in writing, to MY ~ dtIcIOHd In the report and/or COlA. 1h811 constlUe acceptance of
the report andIor CC&Rl. Proiridtd,~. Buyer's failure to lirnely obleat sh.. not rellmt Seller of the duty to convey m81ket8b1ll lItle
pursuant 10 Secllan 8 bllow. If, withln.2.. buain... claya (ftve f51 if nat II1IM1 in) following I1!CI!lpt of the objection.. if any, seller f. to
remave or correcl lhe I1I8dws identiflecl In the ob)IK:don.. or ctoe. not gl..,. 'Millen alauraftcee .....onebly satisfactory to Buyer that they
WIn be ...mOlled or conected prlor to the cloIIlng dn, at earnest maney .... be promptly reIurlded 10 Buyer and thIIlranIlCtIan she' be
terminated. TIIia contingency. solely far Buy'" benefit end may be waived by Buyer In writing. Within UlIrty (30) days ...., c:laaln9.
Sellet th" fumillh to Bc.Iyer an ownIf'a stIIndarcf tom! policy of tib iRlUrane8 inllUrInv I1lIIrlletabll 11* in the Property to Buyer in the
amount of ~ purcha. price, free lInd dB... at Ibl~ot!jedkma end al alner title uceptIon. ~grud " be removed _ pa'1 af this
lran..d1on.(L) Al~~ WI&..L.- A4-V "'r"I, DDD. Mete '71htN J.I'~/~..;.r u.p ~ ,.2'''~
I. AD~ PRCM81 . . ~ .
Foradditlanal!)roYislona, ...Addendum c.tSc:rE.", tJMn...'O'~6- M~e1lNlr lite, &t"-Dlluh,l
~ f...T'V' c.o9E.~.
t. DEED: SeIer sha. convey m__bfe 1It1e to the Property by statutory .".".nty died (or good and sufficient P8fSQfl8I representative or
truste.'s deed. wtwe appllcatMl free and cte.r of _'lien' of recard.ulilSl property texn which are a Ilan but not yet pey8ble. zoning
ordtnancetl, building and uti. ",strictlons, l1I..mtton. in Fed.. pat.... n...-nts ot r..xd wtItch atrect the Praperty, covenent..
conditions and reslrldlons at record. and tIlO!!le mailers aceepted by Buyer or agl1l_ 10 be removed by Seller pursuant to Sectron .. above.
P. 04
40
a1
12
83
54
as
sa
51
ell
89
70
71
72
73
7-4
75
71
n
78
79
eo
81
82
It!
M
as
as
87
88
III
90
Ii
92
9S
94
9S
"
97
91
99
100
101
102
103
104
105
101
107
101
109
110
111
112
113
114
115
118
117
118
119
120
121
122
123
124
7. "XTURD! All flxturu. IftctudIng remo" controls and e...ntlel related equipment, .. to oe left upon the Property. Fbct\lleS sh"
include but not be limited 10: Built-in appltlnoes: atr.ched foor coverings, drapery rods and curtain rods: window and door ICrHn.: atorm
doors and w1ndawa; system fbdura (11TigIIIIan, plumbing, ventihlq, coaling and ha.lng); water h.lters: attadled eJeclrlc liGht and
iMlthroam I\xturaa; light bulbs; lIuQr8IC8f1t lamJXsi window bnndl; awnings; rences; all planted shrubs. plants and treH: EXCEFL
ArrJNE" .
followl!\t petsonal property, in"
Low
!L ALAftM 8YSTE11:"Ji(NONE [J OWNED 0 LEASED. If IeUlld, Buyer 0 will 0 will not Illume the lee. at ac.ing. AppmlIlm8fe
monthly Ie.. payment Ie I .
10. SILLER RlPla!SnTATTOD:
11) n. ......,. dWt.... fa connected to (oMck al that appty)iJl! pubac ....... .V-.....; Clan OR'S'Ce ....... IJSIe"'i "}Cra
public ....... syetena; D iI JNMa wel. (2) At the ...., of .......Ion or cloe'" ...... tile ....... will ....,. one or more
operatl... .... ".rIM or .mo" detKtDn a. Nquhd ., ... ..... btIpIIwww..rm..tatLor..... (3' lelhw h.. no knowledge of
any ....r'1Iou. .ubatanCft on .... Pl'Dperly ather t... .u....nc.. (If any) 0.......... In a.......nces and equlpmHUluyer
aclcnowle..... tIIlIt ........ CGIIUIIonIJ ..... In 1....1atIon, oaRInt.. flow cow""" ..... ..... ..... In ....ldInIII ..D...... and
may e.at lit .. ProtHwtr. (4) ....., Ie.... of.. ma....... aIructtnI "'fa. (I) All electdal will... ....tlng. caa.... plum.,..
and Irrlptloft ........"t and ay....... IInd u.. ba"'e of ... Pra,ertv, IndudInv .. p..., will be In aullalantlatlV Ita pre8Int
oondltlon at'" lime Buyer '- enIIIIed to poeeH""'" el) ......Ita na natIce of Iny ..... Ie ... ......... agalnllt tII. Propllty. (7)
Sefler h.. no notice fram allY ...,.rNH... ...., of .n, vIafMIon of law ......In. to .. Propertr. (l)1li- II lot a '"to......
person" under the ....... .....atmeIIt.. Real Pt'Dperty Ta. Act l-RRPTA").. ........1. Sactoa ZSbelow. .It.....,....... tit
promptly notify Buy- If. prior 10 01H1... ...., .....1Yaa actualllatlce fill MY ...nt or condition which cauld re.uIt In meldng .ny
prev'ous., d..c..... ........, 1nfo.....t1an rela1fng to the pt'Dperer aubetuUaur mfs..clng Dr Incorrect. TIll.. ~elltatI!P...
IInI '--d upon s...... Ic:UIIIknOW........ Seller.... ..de no 1nvatlgll1Ions. ExceptIa... 10 ...... (1) through <') ...: tJD~ .
Bayer .I:kno....... thar tile abav. repNHIIIiIGoM .... not warnna. IIIPrdtnt tM aondlllon of h PropertJ and .... nat a
IUJlltltuIe 'or, nor In lieu of, luye"l 0WIt ,"p_lblllty to oondlct . thorough Iftd campie.. In.....dlnt /nvestI.......
!notu...... .... u.. of prot.a.lomde. ......... .ppro....... ............. al rnataJCal matters ...... OIl .... CGndldon at tIIa Pt'Operty, ItS
nlua and III luftabll1lr for auyer'I In"ndad UH. Nt... till Ultlna nor S.lIng UU".... llItll be rllpoM..... ,., eenduetlna
- .any 'MpectIon _1nYMUgatIan of .ny _pactAI of.. '""'perty.
11. "AS-IS'": Except far Sell,.. .x....... written Igrumentl Ind wrIUan Npretentatlanacontalned he"'n, and Sill", Pro.....,
DlllolMure, If any. Buyer It pure....lng .... Pntpertv ..AS..... In I" preaent condlaG" and with all d....tt apparent or nat
.ppannt. TIt.. pfOVl,1on IIhall nat be can.trued to Dmlt Buy.,'. right to Implied new homewarranttn, If 'ny, tMt may ofhIrwIH
....l under Ore.... law.
UNES wm.. T'HIS SYMBOl .. AEQUIRE A SIGNATURE OF BUYER ANDIOA SEllER AND DATE
.02005 Oregon Real Estata Forms. lie OtlO8
OREF 001.2
~EAl ESTA rl! SALE AGREEMENT - Page 2 of 2
62
r
125
1~
127
128
1211
130
131
132
133
130i
135
138
131
13.
131
140
141
142
143
144
145
146
147
148
149
150
151
152
153
1s.J
1~
1se
157
158
1!51
160
181
162
163
184
165
168
187
168
169
170
171
172
173
174
175
178
1n
178
179
180
181
182
183
184
185
1815
187
118
,.
FAX NO, 5036577056
?, 05
NOV-08-2005 rUE 10:18 AM REI MAX PROFESSIONAL GRP
ATTACIiMENT ~
~ Page JL of i Sare Agteement If. IJ o50S
12. PRIVATa WILL: If ~IIcabIe, Seller repraen" that the priIIate 'MIter weI1 lOcated on or servlng the Pro,.rty h. f)l'OVtded In
adequ.te supply of weier throughout the year for !Iou_hold use. TD the best Df SeI.Ier's knawledQe, Itle 'MIter. fll for hUmtrl coneumpdon
and \he continued u.. of tn. well and water ia ILIthorlMd by Ind campIu witl1 \he laM of the State of Oregon and illPropriate
governmental agencltt. Il1o ather repna.....taUOn 'I made conClun1nt \he waler supply ..,d well except as exprellly stamd in un.
Agreement If the well prOYldN W8Ier far domestic purpaa.. UDOIl StI...., IICCephtnce of Buy'" 0_, S8..... at SeJ1ef's upe..., WIll
have the well tested for nltralft and lobIIcollbm badafia and for .uch other lIlIIbrS a. _ required by the Oregon Heal" Division. UflOft
receItX. Seller Ihe. promptly submit the tlllt ruultl to tn. Oregon H.1IIIh OlVi.ion IN "-yet, No.,.... expense, BuY" may "-ve the wen
wa_ t.... for qUllnlly or q\lallty l)y a quellfIed te.r, and abtaln~en report at such 18at(1), showing 1tle deficiencies (if any) in the
we' and the standerde required to GOn'ItCt the dlltidan~, at with . aya (1tVeft m If not filled In) II"" the dale Seller Md
Buyer hllVtl signed thil Agreement. If tie written report of any t..a by Seaer Of' Buyer shewN a IUbltanllal dellclency in quantity Of'
quaity of lh. waler, Buyer may termln_ this tnInlllCtlon by delivering Wl'Itten nab of 18rmlnalkln, together with a copy of tll. teat repart,
to Seller or the listing lleansee wlhln twenty.four (24) haura after .. r.cejpt by Buy<< of the wriIIen telIt ~ort un,"" within ~
(24) hoUri afW delillery at I1GCiCII of 18fminatlon, selIttr IQ.... iI1 writing 10 llOmld the deflclenc:iea shawn on the report. Any report
obtDinlld by Buyer wi. shOlll wnat dtiofen", if any, are subltlnUIL In the ISVlIlnt any _lit located. upon Ih. Property ant notumtntly
regiatered with the IIppllC3lbfe gcwmtnental agency. Seller agrees to ualIl Buyer, at Buyen sole expense, in rBgiallflng Ihem. The
preceding sem.nc:e shal sunive closing of till. transaction. For additional well provlslona, sa AddeftdUm-=-.
13. INSPECTIONS: Buyer ............ that It Ie ""a"le to haft . c........ 1".,.cIan of .. Pro,erty .., .-1Ifted
prg.....IonaI(.,. Rlatl... to .... mIIttere It ......... candllon. I0Il candlltftcolllllMflan. stallllty. .nvtronlMMal In.....
lurvey. zrHII.... opera_ -VI"., ... .........11ty far tM ..,... l......d........ NIRIIef'" LIla.. nar Sell"" U........
a.. qualified to cancluct lucII ...pec1laM and ..... not .. ............. ta d. a.. Par fUrInIr detallt, BuY. It 1ftCI.......... ta
rev'" tile .., AdvIltory at ~.........""''''''''' or lit .~"".ar""',
:Hrr:K (j~.L I (~ri~
-..cl PROfD8IONAL INSPECTIONS: At Buye(. expense, au.,.,. may heve the ~ ana .. elements and systems thereof Inapected
~ ON or more praflaianal. of Buyer's choice. Provided, however. Buyer mutt specJftceIJy identify in 1111. Agreemenl any desired
inql8ctlons which may include testinQ or remove! of any portion of the Property.. Buyer unders1andS that Buyer I. responsible for the
restoration of the Property rol\owlng any inspectlon(I)/tBst(S) performed by au,... or an Buyer's behalf. Buyer shaH have .1.1 busin.ss
days (len 1101 if nat lIIed In.. after thlll d.. Sell.. and Buyer have slgnecf thIt Ag....,.,.nt. (herelnaflef "\he InspectIon Periac&1 in which to
nevatlllt8lNlth seller regarding any mi~...~lIcIo.ed in any inape." repart. However. during the Inspection P1triod. Seiter shaH not be
requited to modify any ..",.. of this AgrMlMflt already reached wiIh luyer, Unless a writ1en and signed madltlc8t1on Is ruched, al any
time during the Inspection Period, Buyer mey notlfy Seu.r or UsUng Ucenue, In wriIIng, of Buyer's unconditional cIlaapproVIII of ....
pra,erty based an any inall8dlon repot1(s). in Which can, all..,,..1 mon.., r:IepoWla shan.. promptly refunded and this Irln..ctlon shall
be 18rmlnllled. Buyer shan promptly provide a copy of III reparta to SelIelQr\ly If requel1ed by Seller. If BuweY ra... to proykIe Selle, lJI'
Uallng LIe..... wIIIt 'Mf'I*n uncondRlDnllf dtMppnMIl of .., I..pecttoa ntpOttCl) II, IIHdnIgtd 01 .. nna. eta, Df .... '..patten
PerIod. Buyer ..... .. deemed to h..,. accepted .... condition crt the Pro...,.
o S~ ATTACHED ADDI!MDUII REGARDING ALTDNATNE lNSPlCTlON PROCEDURES.
CJ SUYER'S WAIVER OF INIPecTION CONTlNGENCY: Buyer acknowledg.. that Buyer has II..-. gi"... an OJIportunily to have the
Property fully inlt)ed8d. Buyet ~ts to ~ and all licensees and FItms thel Buyer is fully utlllledwith the candltion of the
Property end ... elements and systems theraofand elects to waive the rfGht 10 I1l1\1e any inspecticlns performed a. a contingency to the
closing or !he tranSllCtlort. Buyet'1 election to weive Ihe right of Inspection is soIel\JIuyer'!1 decision aI1d at Buyar', own rtsk.
14. L.EAl).BASED PAINT INSP&CTIOH: If the ProtNtrtr __ co_VucfIed before 111" a Lad....... Pafnt DlseloaureAddendu",
(......rIIl... "Ute DtectRurw Addendum") ahal be algned IJy Seller, au,. and u.ana ..... S.... LIc......, and mede a part of
this ,... All.......... After readln,lhe MCtIon below, Bu,,", should ohaCk ,he BCCOmpaaylntl bo. If Buyer Intendt to conduct.
..... .....1IMtIl ~ ...peeU....
1ii! Buyer snail have.JD. calendar days (lIln l1Dl if not lIIed In), hereinafter referred to a. "th. Lead-Based PlinllnlpKllon Period," within
Which 10 conduct laid UlIeSlfttem or inspecllon. The Leed.Saud PUtt Inspection Period shell oommence when Buyer signa the
Disclosure Addendum. OlIrinv the Lead-Seud Pelnt t"spection Perted. Buyer -"all not become obligated under this SeIe Agreement
Buyer rMY. In wrttInv. unoOlldlllonel1y cancel "'I. tren.actlon ..... the Lee......... hint In.P8d- PerkMI Ind receIVe a
pJIOIIIpt return at all .unltt......, dtllOtlta. Buyer uncIa,.ta_ tIIIt tM IIIlure to give tImIIr written noIIct of ean&1fI1t1an .blD
cGMtftuta acaptenc. of the conditio. at 1M Pro..rty ..e It re.... fIO the "...na 01 rellCHlUH paint or I............ paint
hllZllnla.
- 11.Ii8CItOW~ This tranaactlon thell be closed alhC'F:w......v -r;t;:~. a neutral escrow localedln th. State or Oregon. CDsts
"OC Escrow shall be shared lQuaily ~.n Seller and Buyer, unl... Buyer Is financing through Fed..... VA, in which ca.. Seller shall pay
an ..crow costs.
11. CLOSlNG~IS_OJ: THIIAINCE. Closing shan occur on a dale mutually agreed upon by Sellar and Buyer. but In no ellent I.ter
\han~, ,~. Closing Oedn..,. The tINme .o....r. .c....... or "d..lnt ...... shal m.... wh.n 1M deed or
contrnt Ie RooidM and ~ are ..,.,leble fa ..I..... ..I.... .nd __ aoknowl.dge tUt fer era..... 10 occur lip tI'IaC"'''''
UNeS Win-I THIS SYMBOL .. ~EQUlf1.E A SIGNATURI! OF BUYER ANOIOR SEU.ER ANO IJ.'TE
C 2005 Oregon Rea. Estate Forms, lie 01105 No portion may be reproduald without ellpreD permllSlon of IIl1 Rial Estate florma. tJ.C
ORB' QG'1..1 REAl ESTATE SALE AGREEMENT-Page 3 of3 ')l: Buyer Inllllll ..:~'_ D....1!L.l
Seller tRltlall. ,_ D."~)
63
r
190
191
192
193
194
195
1M
191
1.
1_
2UQ
201
202
203
21M
205
201
2a1
2CIlI
209
410
211
212
213
214
219
218
217
218
219
220
221
222
223
22.-
225
226
221
22.
221
230
231
232
233
234
231
238
237
238
238
240
241
242
243
2....
248
2<48
247
2-48
241
2lJO
251
252
253
254
p, 06
NQV-OB-200S TUE 10:19 AM RE/MAX PROFESSIONAL GRP FAX NO. 5036577056
ATTACHMENT ~
page..-::L. of \ '\
~ t S.-AplmIIl1t' 1\0';0$
Deadline. It IIIiIV be necnsary to ...cua clcleUmenfll_ ...... tun.. .. bcroW .......that ......
17. POSSESSION: sen. end remove all p",ol!~ropeny (Including tr.sh ~nd debris) that is not a part of this nn-lCllon, and deliver
pO.lsalon of the Property to Buyer (check one):'B[ by 5;00 p,m, on the ctoamg data; 0 by _ 0 a.m. 0 p.m. _ days afW lh8
closing dati; 0 by CJ a.m. C] p.m. on thl _ day of . \I I tenant rt currently in popeIlion 01 \he Property
(chKk one): 0 Buyer will accapt .nant allbe closing date; CJ Seller IllalI have fuI responsibility far removal of tenant ptlor ID closing
d_
1.. PRORAnONI: Prorate. for rent.. cunent yelll"l tu... in~t on ueumed obllgallona, and other ~aid expert... altriWable to
the Property shall be . of: (check one onty)C lI\e cIoalng daCe:.l5.lf- Buyer i. ,nUlled to poeeeulon: orC .
11. SEI..LER POSSESSION APT1!R CLOSING: 'n the!! that S...., and Buyer have agreed that s..... wit cIelIvet pouessian IfW the
ctoling date, Se4ler shall pay It consideretian S A- per day for HCtl day .fW' closing "'at Seller remain. in pouesalon af
the Property. Such payment 11181. b8 made by Seller ugh Escrow It the time of cIoIln\1 and no landlord-tlnant relatianship sh.. be
created thereby, so lentil IUI Selle". pasaeuion do. not exceed 90 allYl after the date of closing. S.. attached Addendum .
if atlplicabIe.
28. UTI.JTIII: SeRer sha. pay all utl&ty billa JCCrUed to d. Buyer r. entitled to pOlS_ion. Buyer shd plIy SeUer for heating ruelth.., on
p...mi..., II SeRer's supplier'. n on !he ~on ..... Payment .. be handled betweM Buyet and Set. outside of escrow.
21. 11'l8URANCe: Seier shall keep the Propettyrully IrmAred unll ctasint.
22. ESCROW DePOSIT: Escrow ~ her.by inl1Ncted by, Seller and Buyer a. follows: (1) Upon 'ftJAII recaipl of. copy of!hia Agrumant
marklld "rejected- by Seller or upon UlCingRrm'S wrIIten adlllee that the offar Is ~1ItjecDd. by SII...., you Mlto refund alt amnt motley !I)
Buyer. (2) Upon your receipt ar a copy ofthll Ag,.ernent SigMd by SeI\er lIftdBuyer, Nt up an t5CI'OW account and praCHG wiOl cIoelng
in accordance with the terms of this Agreement. If you determine thee the lranaaction cannot be dosed for any reason (whether or not
the,. is then a dispute between Seller and Buyer), aubtect only to SeclIon 37 belOw, ,U are to hold all earnest money depasits until you
receive writWn inlCructlona from Seiter and Buyer as to d1apolillon or such deposlla. .
23. EARN!ST IIIONIY PAYIII!NTIREFUND: If 11} Seller doe. not IpPRlWl this Agreement; <<(2) SeIer approve. thil Agreement but fails
10 fumlsh mar...ltle UUe; or (3) Sellli' ,. .to CGmJ)\ete Ihis nnaactton in aCCllldance with this AGreement, or pedarm any other act ..
herein provided; or ('I' any condltlon which Suyer hu m.. 8ft expteaa canllngency in IhIa Agreement (and ha.. not been othelWlA
waived) failllhl'ough no fault of Buyer, u.n all eemest money Ihln be promptly I1Ifunded ID Buyer. HO\WNtlI', acceptanee by Buyer of the
refund Ihall not conllltu'- a waiver of oth.'epl rem8dila allalblbl. tD Bll~r. If Sell. sigl1llthis Agreement and litre ilIlMIbtlble; and (1)
Buyer ha miarepreHnted Buyer's ftnancial.ta_ or (2) Buyer" blink does nol PIIY, wh.., prewnted. any check given II earnest money;
or (3) Buy<< falls to redeem. when elM. any note given _ ...,.It money. Of" (<4) B"", rau. to complete mill transaction in accord..ce with
this Agreement, or perform any other act .. her8ln provided, !hen a' eamea1 money paid or Igreed to be paid eh" be paid to Seller either
as liquidated damages or .. Dtherwlu allowed under Oregon laW, and thla tran.action shel bannln.tlId, . II the Intentlan 01 the
pe...... that Sealt'1 801e remedy ........ lIuyw for lup". ,....,. to cIoM thIe .......cllon Ihall be .....d to the amount of
eam... ......, ...... or ....d to .. ...d .........
24. BtNDlNG EFFSCTICOHIIBtT: This Agreement I. binding upon the heirS, parsonal reprnentatlv.., succeaaors and USigM of Buyer
and Seller. However, Buyer'!1 rights under lhi. Agreement or in the Property al1l not auignabte witt\cul prlor 'Millen connnt of Sailer.
21. fOREIGN IHVUlMIJf1' IN REAL PftOP!1nY TAX ACT: The Foreign Investment In Rial Property Tax Act ("fIRPTA1 rwquil'llll
every p8l8On who pun::hasn real property lacaied within the United S18._ from II "fcnign "l8On~ fa deduct and withhold rrom the SeIIer'1
procHdllen perc:ant (10~) of the gran 181.. price, wIttl certain IXC8ptlonl, and to pay thl amount withheld to the Internal Revenue
Service. A. "foreign person" includH a l\on-n!llldent alien individual, rOl1llgn corporation. foreign pertnership. foreign !rust and foreign
...... SeOer and. Buyer agree to a.wle and delNer, es appropriate, any Instrument, ilftldavit M sIa1I!ment. and to perform :Jny a:ts
reasonable or nece..." to CIIrry out \hI provisions of F1RPTA.1f Seller it a foreign p8rS0n .. defined bV FIRPTA., SeRer and Buyer
Instruct Escrow to take all n.ca.." stepe to comply Iherewlth.
a APPROV&D un.: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHrN A FIRE PROTeCTION DISTRICT
P.ROTeCTlHG STRUCTURES. THE PROPERTY IS SIJ8.IECT TO LAND USE LAWS AND REGUlATIONS, WHICH, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN OAS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPT1NG THIS
INS1'MUMENT, THE PERSON ACQUIRING FEE T1Tl.E TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIA.TE CITY OR
COUNlY P1ANNING DEPARTMENT TO VERIFY APPAOVED USES AND EXtSTENce OF FIRE PRaTECT10N FOR STRUCTURES.
. IF THE PROPERlY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS 35UO!l, ORS
358.1515 REQUIRES NOTIFICATION TO lliE STATE HISTORIC PRESERVATION OFF1CER OF SAlE OR TRANSFER OFTHIS
PROPERlY.
27, IRe 1031 iXC1ofA~E: In the event Seller or Buyer elects 10 complete an IRe 1031 uchangein Ihle transllctlon, the oNr party
ag,.._ to cooper.. with them and the Iccommodltor, if my. in a mann., necessary to om'Ipletl the ,*"ange, so long al it will not delay
the oloae of escrow or cause IIdditlo"," axpenu 0( ltabtllty Ia the cooperallng pliny. Unl8S1DthlllWl.. proYlded herein, Ihlll provlsJon sflan
LIN!!S WITH THIS SYMBOL 4- REQUIRe A SIGNATURE OF BUYER AND/OR SEUER AND OATE
64
NOV-08-2005 TUE 10: 19 AI1 RE/MA)( PROFESSIONAL GRP FA)( NO,
ATTACMMENT ~
Page _L of ~
5038577056
P. 07
~
\ Sa. A9J'Hment' 1/05D5
251 not become I contlngtney to thIS dosing of thil traneactlon.
258
257 2L L!VY OF ADDI1IONAL PROPERTY TAm: Tlte Property: (check one):&(. a is not specially lIIesNd for pIOPtrty !axel (e.Q.
258 farm. fore.. or QJb!!)'" I way Which may ....ull In levy of addillan8l tmce. in the MuraU it ie specillly 1IUeSMld, S.r r8preunlllh..1he
2!t Property II current .. to income Qr other condilla~ ~ to prneMI Its ~ tax slllut. If, as a result of 8uye(. llctlOftlor lhe
2eo closing of 1/\. lranaactJon, thIS PrqMlrty eitlW II dlaqualllled from speclal us. auestrnent or Iosu its deferred property tllC stalut, un....
281 othetwiM ~Iy provided In 1/\11 Agrurneftl. Buyer Ih.. be ruponslble for ..d sh.. pay wf\en due, any deferred lIndIor addltlanal
282 tUft and Interest whiCh may be levied agaInll the Pnlperty and shll hold Seller camp/elefy hIIrm.... therefrom. However, it u . result of
213 Ine Seller'. actIone pdor to c1DlIlng. !tie Property lither Is dltquallfted from ill entlllemenllo specillf u.e ..uasament or loses lis deferred
2&4 property talC slatus. Sell.,. .".n be retIlGftslble far and stlal pay at or beront cloUt; al deterred andlor addlllonal tues and in1e..... which
285 mlY be levied lIpinst the Property and ...... hold Buyer compIe4eIy hBmllll.. lhentfrom.
2_
2&7 2.. ADDITIONAL UND BALI CONTRACTlTRUST DUIMIOIlTGAGI PROVIIION8: If this transaction Is to includt a land sale
2&1 contract, trutl deed ~. to be CMIId back by Seller, Burer and Seier sh" agree upan the lema and candftlona of such
~69 doc:urnetrt not rater tile" "sine.. aye (tin (101 !r nat fiUIld in) aflIIr the date Seller al'1d Buyer have IIgned this Agreement. Upon
270 failure 10 reach such nt'Mthln seld Ume period, lhla tranaaction shall beterminatecl, and .11 eemeat money shaD be promptly
271 Bu
2n
273
27..
275 30. DfSPUTI JltDOLU1'IQIII BEl'WliEN ~ AND BUV&R: S..... and- Buyer agree that II dUM, ClOntroversllls and dWpuW'
278 between tham, including tho.. for reeeleelon (h.etnaftar coIecfvetv reflsrred to U "CIa1me', relallng dltedly or indirectly to this
2n transacllon, .hal be reeolvad In aecoldanCII with Iha procedwes set torth herein, which 511.. expresslJ survMl c:lcalng 01 earlier
271 IetmInallon of this Agreement. Provided, h~, the rollowlng ntttn .h.. not constitute C1atma: (1) any pl'OCMdlng to collecl. irttttfl)ret
279 or enforce any mortgage. trust deed, land laIe contract or I'ItCDrded conltructlon lien; or (2) a forcible entry and det.lner adon (wlctlon).
210 The filing in court far the 'nuance of any pnwlslanal ~ or slmlar remedy described In !he Oregan or Feder" Rules of Civil
281 Praeedure shllll not conatituta . waiver oftha right or duty 10 ut/I1ze the dilput. rel!lOlutlon proceduree specilecl herein.
2U
283 31. SIIALL ~ IIElWe!N 8!LLER AND IUVEIII; Notwlthstendlng the fDIlawWlllSectJans. Seller and Buyer aQree II\at all ClaimS
214 belween them thai ar.wtthln the jurildidian ot the Small Clans Court aha' be braught and c/ecicled th.... In lieu of mlldlatlon, arbIitalton
2119 or Ittigatlon In any ather tOMll .. . ' ,
28e
287 32. _OfATION BETWEEN S!LL!R AND BUYER: If Sellar or Bllyer were n:pr.Hnteclln Ihl. trllnSllclIon by aLicensee wnO!le ~incj",
288 broker is a member at lhe NlItional MlCciatian of REAL. TORMI, II CJalmt between Seller and Buyer "'all be subrnittlld to mediation In
289 l!ICCOrdal1Cll \Vlth the procedures of the Home Setter/Home Buyer ClIp. Resalullan Syetem of lhe Nettan. Assaclation of REAL TOR_,
290 or other arganlzation-adoptecl mediation progrMl (calIedively "l1w SJfem").. Pnwtded. however. if the licen...'. principal bnJker is not a
291 memb., af lhe National Ael!lOclatlon of REAL TORSe, or tile Sysl~ ia nat availllble through the principal bmke,.. AIaodatlon of
292 REAL TO~, then all Ctalms shaU be submltlled to medilIIIanpurswlnt la: (1) the apecial mediation program admlniateted b, ArbitnIlion
293 Sarvice at Portland mr the mediatlan of a.lms In thOM geographic a..... Where the $y8lem ia not available through lhe pnn.1 broker's
29-4 Assodallan of REAL TORse, or (2) any ather Imp81t181 priv_ mectlalor(s) or pmgram(.) provldlng slIGh servicz in the county where the
295 Property II located, _ .ellded by the party first III1n! for medladon.
296
291 33. AIUIITRATION 8E1WI!1!N SaLE!R AND BUYER: All Claims between Seller and Buyerthat have not been ....olved by mediation. or
291 olhelWise, shall be submitted to Dna! and bindlng privata arbitration in eCCllt'dance with O,.gon Lewa. FIlIng far afbitndlan shel be treated
2. the same .. filing in court for purpa... of meeting any appbble .tlluta otlmitatlon or far purpoeea of tiling a II, pendens. Satler or
300 Buyer may file Claims either with Arbitration ServIce o( Partland rASp; or, IIItIlmatlvety, with en, other professional .n.Itrallan IefViCe Ihat
301 h.. existing ",lee of .hltratlon, provlded In" the safecl8d altemlltlve s""cealso uses arbitratcn who are In gaad Itandlng with the
302 Oregon Slale ear, WlIIl expertJae In real ...... law and who can conduct the heruIng in 1M county where the Property ie located. Th.
303 arbitration servlce.in whIct1lheCIaIrn ja ht flllId ahall handle the ca..to its conclusion. BY CONSENTING TO THIS PROVISION YOU
304 ARE AGREEING THAT DISPUTES ARISING UNDER THIS AGREEMENT SHAll BE HEARD AND DECIDED BY ONE OR MORE
30& NEUTRAL ARBITRATORS AND 'fOU ARE GMNG UP THE RIGHT TO HAVE THE MATTER TRIED BY A JUDGE OR JURY. THE
306 RIGHT TO APPEAL AN ARBITRATION DECISION IS UMITED UNDER OREGON LAW.
307
308 ~. ATTORNEY FliSS IN CLAIMS BIiT'W&EN SeLLER AND 1lUYl!R: The prevailing plK1y in any suit. sellDn or arbitraUon (e)lCjudlng
309 those Clalmsliled '" Small Claims CDur1)between Seller and Buyershall be entitled to recovery of all reasol1able attorney ten and costs
310 and disbursementa as ddnad in ORCP sa (InciUdlng al lIlIng snd mediator re.. paid in mHlation), Provided, I1cwevw, if I mediation
311 2rva WilS lvallable to the Seller Dr Bu~r wtllfl thl Claim aroSI, Ih. plTlaillna Plrty shd not be enlilled to any award of attorney r...
312 unle.. It ia ntalltllhed 10 th. .aU-factlon ollhe IIrbllrltor(.) or JudQlllhat the prlvalllng party offilfed or agreed In writing to pantdpatllln
313 . !NIdlallan prior to. or promptly upon, the IIlng In arbllnltlon or court.
3t..
3105
318
317 31. SMALL cu... COURT AND ARBnRATION: All claim., conlr'ovenlll!la or dllputa refatlng to tr1ls lran.action in which. Licena.. or
~18 FInn identified in lhe Final Agency Acknowledgment Section above, Is nllmed aa a PilttJ, shall be resolved Ixc/uslvely . follows: (1) If
318 within the jurildlcUonelllmil ot 9tn1l1 CIaIIM COIllf, the mailer ."all be brougtlt and decided \her." in lieu 01 arblfnltlon or II1tgat1on in any
LINES WITH THIS SYMBOl .. REQUIRE A SIGNATURE OF BUYER AND/OFl SEllER AND OA T&
:C 2005 Oregan R... Estate Forms, LLC 01105 No portion may b. reproduced without Olqlfess permilllon of Or n Real Ella.. Farm.. u.c
~~ 'S S
REAL ESTATE SALE AGREEMENT _ Page 5 01 5 Buyer Inillall ~ l,.. _ Oallf .
S.Ulr tnilla . ,_ Olla
wi () ~ T~ ~:.... ~:~, IJT ""'~J ,"'l. )1 \ t~~G (..,Ft 1 r;..r .c..~E", tJt 'LH I "JI T
[JISf>U: l HL:,CI I" TI()t.j IrJIJOL'JlrJG I 'CFl\iCFF S r \1' f ~^.'5
65
.
NOV-08-2005 rUE 10:20 AM RE/MAK PROFESSIONAL GRP
FAX NO, 5036577056
Po 08
~~~:~~E~;~
320
321
322
323
324
32S
321
327
321
32.
330
331
332
333
334
3:35
338
337
338
339
340
3<t1
342
343
344
~
348
347
3<11
349
350
3!i1
352
353
]54
355
358
357
358
~g
360
381
362
3!3
384
365
366
387
36S
389
370
371
372
373
374
375
371
377
378
379
380
381
3.. IUceIPT PaR 1ARN0T MONIY: ",. undersigned semng Fl,?nowledgft receipt of 881M1t l'TlClfleyjwhich Sel~ F"nn agree.
to hlndle aa pRlVided below) h'am Buyer in the sum Gt ~G . lIVIdenced by (check one)(J CASH 0 CHECK
"'S,PROMlSSORY NOTE pay.bll on or beta,. ~ ~ ~ Other .
A-~ ~..
31. EARNIIT IIONIY INSTRUCTIONS: Buy...lnatrudllh. underliglHld s.1Ing Firm to h8lld1e the .Im.. money as folowe (ctleclc all
lh3t apply): 0 Held I"y earneat money 1tl.t II In the fann af . check und.,oelled pending mutuel a~ of !his Agreemem and all
agreed-l.lPon counter 0"-,.., after whtch lime depolit it .. provideii herein within thr.. (3) banking devsO Deposit it in th8 SellIng Firm's
client accc aft8rJorO De\XllIt with Escrow. "g'Oeposil any earnest money fundlnKIHmed under I pramiaory note
with .
SE N LICENSee AND SELLING FIRM SHALL HAVE NO FURTHER UA81UTY WITH RESPECT TO EARNEST MONEY WHICH
THE PARTIES HAVE AUTHORIZED TO BE TRANSFERRED TO A THIRD PARTY. Ll_
Selling Firm ReiMalC Profel!llonllll GroUD Selling licensee Sl~~~ _
Main OfIlc8 Add.... Pflone FAX
Brenc:h Olftc:e Add,... 1830 Baven:r_ Ref Sui.. H Oreaon Cllv OR 970..& Phone 503-657-1041 FAX 50306S7.7056
31. PROPERTY DISCLOSURE LAW. Buv- acknawledges that unleu this tranlacilon Is othllfWiA PIImpted, Oregon law provides th.
Buy... hat a right 10 revoM Buyer'. otrer bY giving SefIer written notice lhereof (e) within M (5) buainess days after SeIJe(I delivery of
W.t's PnJper1y DiIcloIUl'e Statement ("the Statement"), or (b) at any lime before closing (as deAned In !he Oragon Administra1llle Rules)
If Buyer does not racel" the StatemeAl from Seller before c:tosinQ. Buyer INIY waive the right of 1'8V00000tIDn if done so In writing.
Seller authollzes the Listing Firm to receive Buyer's nola of ,.vocatloft. If any, on s.n.r. beIllllf.
B. COUNTERPAlnSDEUVERY; Thlt Agl'Hfll8nt mey be signed In mullple counlelpaJts with the lame effect as II .. pwtIes signed the
same ctocurnent. Ceftvery of a Ie...... pholOcopy, lelef.. carbon or carbonles. copy 01 a Btgned original of Ihia AgJ'Hment ahal be tteated
the sam. .. delivery of the original
.D. AGUEMENT TO PURCHASE: BUVE.. .cknowl.dgea receipt 01. co.......1y II..... In copy or... Agnem......lch Bupr hII.
IuIy ,.ad ..... .....,...n.... ...,., actlnowtedgee thlit au,.. h_ not 1ft...... ar ...... Upolt MY oral or wr,*" lea........, made
bV ..... or .'" LIuna_. which ... not ..prnelW oonta..... .. "'Ie Ag........nt. ...... ..r IMII' ;my......... WMrlInI the
sqUIre footage of any .tructun or the .. of ... 'and IMIng purehaud. If ......,. footIp or land wla Ie I materia'
con.lct....tton, .n .tructu,.. .nd land should lie me_wed 1Iy Buy... prIw to signing, or should .. made an ......... conlin..",
In tIU ...1Mnt.
""" at ""'........ .. ......... 'n ... ...... of :;!j;' ~ ~. ~ ....H-Itl~N .
This off., lhaU ilutometlcally ~I,. an (Insert dnt) - ~ - ~ .t 0 a.m. . p.m., (the ocr., OeBdnne). jf
nat accepted within that lime. Bllyer may withdraW Ie offer any lime prior to Seller. lICC8ptance belafl!l IhlOfr8r DeadRne. If seller
acc:ep. this offer after the otr.r Deadline, It stulll not be binding upon Buyer un_. accIt)ted by Buyer In 'MitInIJ withln_ busin... day.
(two [21 if not ~n! theres" ~ at SedlOn 43 below. this offer mlY be IccepIied by Seller only in wriHng.
~-uyer .~~ Date If{~',- ~8.m.-".m.fo
BuV'" 0... . _ _il.m -p.m, to
Addraa 103"J I .541 I ";~.~ n.......~~ I,."..,.~.... 1"'::>00? Zip
. phone Home 5Q~-7/() ~6/f ~ Work WOftc Fa.
NC (H~"i~~::;ES (n /'t....r I\~T'C~:'" -.r,z::.. f t Rr.,'rr=o T\l .'\iJ( P')RT1D~II-:F r~jE WRE r~ro/IrJTE,} F!)RM~T nR iF'.< r (]r- fIllS f- P"/l
.\NrIJlJ'':l~'''nnl)''~ rr '..,I:.rJCF";I-:";tt-, r~r~.:-.rj'~"~J..;f'IJ ~JnFr.l,""(.r '1::,'Ll-':'lI~t\T~:-'I\\lk-.Jl~"J' I 1;'l..Nr'L'.,'1..1(~ I '''' ~,
(~l -r,'r-,~',L~,' Tr, r~Fi~r::r:l:) ~"I--'''''''-'\vl:J(''.')l\AOjrl:U![f~'.,)'}.1 "AT :7~tH')I'111rdl--,'-,er_l~~J1 ,r-f-'\--rT[
LC: "M:Nf
ThIs offer w.. aubmlU8d 10 Seller for sign.tura on lhe_ day of . -oJ at _ a.m. p.m.
UNES WITH THIS SYMBOl. REQUIRE A SIGNATURe OP BU't'ER ANDleR SEU.ER AND DATE
66
312
383
3M
385
3.
387
3.
3.
3go
39'
312
300
394
395
318
391
3.
3.
400
401
402
403
40C
405
408
407
4011
40.
410
411
412
413
414
418
416
417
418
.."
420
421
422
423
NOV-08-2005 TUE 10:20 AM RE/MAX PROFESSIONAL GRP
FAX NO. 5036577056
p, 09
~
By
ATTACHMENT 'J
, 0 l'-l
Page _L_ of __,
r SIle Agreement" \l !) SO S
lUllM... prtNntlng offer).
41. AGRB!M!NT TO SS.1JPAY C~8.1ON: Seller accepta this offer. At lhe tImII of clOling, Seller iltJre&I to pay in U.S. dae.s to the
Sellng F"mn or, if this is. co-op nnudion, to IhllllatinO Firm, the.UIn of S for profession" real estate sefVlc88
rendered In Ihls t...nllCtIofI. Seller aulhOrfZH UStIn9 FInn to aid., II praliminlUY title repClft end title iftlunlnce at Seller'_penae lIIId
ful1her authorizM Escrow to pey out of Ihe c88h praceeds of .... the IlIpen... of fumlahlno tltfe Insurance, SeIen recording fees,
SeW. ctoling coats and .Y el1Qll'l1branc:es an \he p~ PIy8b1e by Seier on ar befo~ doling. SI" it I U,S, cittnn untell
otherwlee swted he'ein. .....r aotcnawfedpa receipt Die com""''' ".... In eo" 01 thIe AcINeIM-. ..... Wier.... fuJIy re...
and undenlta..... S.ller ICknClWledgM th.. Seller Iqa nol ~ICI or relied UJlOft any 0f'III 01 wrIlt8n statem.,. of Buy. ar any
Lic:ensell(l) Whicn art nol ..... cont8ined In .. AQr..lMftL In the t\lent Buyer falls to complete lhit tr.nsactlon as provided herein,
all 11m. money sNII btt dlelribw.d at follows after declUcllon of Ifty .. iMurancI and ..crow cancelllllion ctlerglllS: (check one[]
First 10 the Wsllng Finn 10 the e.xtent of the agreed camrniaian juat ill if the It8a1Iecdon had been closed. with residue 10 SeIlllrO 01
Seier
SeIer
Addles.
Phcme Home
Oate
Date
_I.m. ----p.m. .
_a.m.---p.m. +
Zip
Fax
'-
'-
wort<
WOt1C
TIR 0fPB: .
SeIIIIr does not accept U. allove offer, but m" 111. ettKl1l1d COlin_ orrtrO Seller Njects BuYer's offer without a
0..'7/4;/ 2- __.m.U.
Cale . _ _a.m. --p,m. +
ZIp
Work WCNk Fax
. . ,
43. BUYers ACKNOWLmGMBNT: Buyer ac:knowllldQ81 reCllipt of a copy of Seller's written re'Pon.. 10 this AgraemenUf s.IIef'lS
r8S1)onse Is an acceptance of Buyer'. offer th.t occurred afW the Offer Cudl"'e identified II Sectlan .w Ibaw, Buyer (..!eet only om(]
agrees 0 does not ..rea, to be bound thereby. (TIle f.ltuN to c"dI e1thw box .1.. conetlbde refection of Sene,.. .CCII....
aftIr tile orr.r D..eII....
Buyer:
Buyer:
CaW
0a6e
_a.m. ---p.m. +
_ _a.m. ---pJn. +
..... CO-OP mANBN:TION:
Selling Firm RelMa p~
I.lsdnll Firm~.J . ~ E""C.
Selling Firm to receive: (select one) bl . "=r % of pun:haa price or S
I.ltdng Firm Main omce Address Phon.
Listing Arm Btancl:l Oflce Address Phon.
Listing Finn Principal Broker Inlu.AlJDa"~ 1 f~ -C~llIrla FIrm Prlnc:Ipal Broker InitlalsJDate
SellIng LiCltn... 1A11/t..g- M ,~
listing Licensee f2JlW)O e..J..H'l./~p(:
FAX
FAX
I
UNES WITH THIS S'YMBOL . REQUIRE A SIGNATUAE OF &UVEA ANDJOR SELLER AND DATE
67
NOV-08-2005 TUE 10:21 AM RE/MAX PROFESSIONAL GRP FAX NO, 5036577056
ATTACHMENT '?
Page ._..l..L_ of \0-
Oregon Smoke A1a.'m RClluiremeots Notice
p, 10
All ionization smoke alarms in roal property sold after Janwuy 1,2002 rtltlSt be ill
cmnp~-w.i.~~~ ~..smoko,alamllaw-(OIlS. 4799;~1~-loniZllil{DD:smoke:alormr~'.' ""'~~,~' .
(photoelectric alanna UI!l exempt) must meet theae criteria:
11 or , JJ. ~ c:i 9r . I' tAl OoJ)f!,1A aN. .
1. If solely bDttcl'y-powered, !U1 ionization smuke alarm must havo a 10 year
battery. I .
", ~.
..-
. ..
2. TIle smoke alarm must bave a hush feature. This iocludC3 l1ardwircd alamlS.
TIlls featUre Ilddtclscs the problem of people disabllilg their alarms because of
nuisance false ..bu1IIs_ The '"husb" feature aDows the devices to be temporarily
, sill511ced for 'a period of not mure thon IS-minutes. .', I
~/
3. The d~eWn, must have Draper number of iODroved alann! located as reauil'ed
by tile State Fire Marshal. At the minimum, proper alarJns must bo adjacent to
sleeping areas and on ~lIChlevcl of the home. "
4. Smoke alanns need to be installed in acconlarn:c with the OGRon B,BldinlJ
Code and OreeoriAdministrative RulCll. '
Note: For aasw... to IiClqu_ly ..ked 'luestlQRI reprdlna amob I4lannl, smoke .'1U1I1 rules. ,b.tutelllUld
. acWi\wl181 JnformllUon, pleaalS ,is It the Oreloa State Fire MBl'!Ibal wllb site. WWW,lIftl1.,glate.or.Ull
)(l3u;cr: ~~ nntO: .. ~/~r-
Buyer:
Seller:
Date:
SeDer:
Date:
Date:
"
~l(-9-D7
'I I .
"
68
NOV-08-2005 TUE 10:16 AM RE/MAX PROFESSIONAL GRP
FAX NO. 5036577056
P. 02
~TTAC1~MENT -b-- ~_~~_Lia...$,fS"'-'" ~j
~ I age~ 1:::-_ of~
~ PRO.SSORY NOTE FOR EARNEST MONEY
Buyer(s) ~Vl!./. Le.J:.tr.J1Jt;1JU
SeJIer(s) C.J -yJ( 0 ~ IAJ.DOO ~(U'-
Property Address __ 4 ~ L_hL-
._____________.. ._. :a
iMl..
. . ___..... _______ 3
Buyer(S>.J~tll ~ ~!t!l1l!!:1J'~__ _..-
joinUy and severally pmmiS8 to pay to (..-:I only one ..,..t.
,rReai Estate Firm: ..f?e/.l!1If-:L-r?.c~SI1)N1rt- ~ r:
[j Selltr(s):___._. . _' __________,
the sum of $ !it (JOO. ~ . . a
Upon redemption of this promissory note. funds Shall be made payable to h OGn..-t ~ -rI.:n...e:__._. .
... .. __._.___ I
1)
2)
This Note Is due and pay.. (..... only one due .....):
~ "3.._ days after mutual 3CC8ptance of the Real Estate Safe Agreement;
o on or before . '.
If this Note Is not paid when due, Buyer(s) shall pay Interest at the rate of ten percent (10%) per annum
on the unpaid balance from the dIM data until It Is paid Ir) fulllUYER(S) WtDERSTAND(S) THAT TIME
IS OF THE ESSENCE. AND THAT THE F~TO PAY. 'nt8 NOT& wtEN DUE, MAY CONS11TUTE A
DEFAULT UNDeR THE REAL ESTATE SALE AGRI!EMENT WITH SELl.,EIl.
3)
4)
If Real Estate Arm is named as the payee of this Nolle, and Note Is not paid when due, BUYer(I) hereby
consent(s) to Real e.. Flrm assigning and transferring it to SelI.r(s) for all purposes induding
COllection.
this Nate is hereby incorporated into and made a part of the Real Estate Sale Agreement betWeen
Sefler(s) and Buyer(s). In the event of any dispute between said parties. the mediation, atbitration and
attorney fee provisions therein shall expressly apply.
5)
6)
If p.ym~t il not made on or before tne due date, Buyer(s) understand that Principal Broker is
instructed by Seller(s) to promptly assign and transfer this Note to Seller(S). Without recourse. and for
all purposes, including coIIecdon. It is expressly lI1derstDad and agreed that neither Principal Broker
ner Prlnclpal Brok..... Firm, its owners. officers or directors. licensees. employees or representatives
snail have any duty (fiduciary or otheNlllse). responsibility or lIabilltV to SeUer(s) to enforce collection of
the Note, nor for any fees or costs associated th..ewith.
,suyer ~~~.v 1
5
to
11
12
la
14
"
1I
I'
II
"
2lI
21
22
23
2"
25
21
21
21
Oalll #/pr..~~_ Dafe///1Iu.!.-..,"
Buy~ ___
Oat.
. +oSeller.._
Date
.__+30
....,
UNES WITH THIS SYMBOl .. REQUIRE A SIGNATURE &. DAT!
to 01'190" RaI Es~ Forma, LLC 01104
CAlF OIl
'40 pGltlon _ lie "11'_.. wil/lllUl ..,... _-toll of 01...... "-I !_ F""".. ~LC
'" '1 u,-() 7
~I J,..1 ,- . -..-- .....---
)'t, Pmap.l Broker's
lnili.. a Data
Comp:my: M_li.1n E>>roperti~s,I.n.g.
Provided by: ~.. j,D il'rC?P.! rt i u . I nc .
l'Itftl..lI....W... (,_ ....__ C_puIOf ,,__Co... '"""
..... SIN;_r..cF6020~_
69
,.
NOV-08-2005 TUE 10:21 AM RE/MAX PROFESSIONAL GRP
FAX NO. 5036577056
P. 11
ATTACHlJIENT '1
Page.-1.2.- of /--.t
UTILITIES AND BOUNDARIES ADDENDUM
EXHIBIT 4-..
There is to be made a part of the sale agreement and receipt for earnest money fur the real
property desc:ribed as:
L~ ? ~eJ ':f
,
BL"- -:t ~ 4,,0 ,,, OW -
.Q.~ S TflI" "#'" (l.. lo&' I rI
And Commonly known as:
l-fqJ N.
3.c:i.. c:>r .. I). J "0 of?:.u tM./
,
It is advised that the buyer obtain a survey to verify property boundaries.
It is also advised that the Buyer obWn infOrmatiOD Will the appropriate authorities as to
the locatioD. and availability of utilities.
'The Buyer bas not received or relied upon any statement made by the Seller or any real
estate a&ent with regard to the property location. the lut boundarie., and/or avllilabilily of
utilities which are nut written in the Sale Agreement and Receipt for Earnest Money or
:my of the appending documents.
The Buyer and Seller release REIMAX Prof-essional Group. its brokcrSy agents, sub-
agents and any other cooperating bl'Okcrs from all liabilities pertaining to size. locatio~
EHld boundaries of property mellor location and availability of utilities.
A~M
Buyer
~r
f ate
~..~/.7r-- _/
___-~ ., /AI ~
~,.~
Seller
/1 hi s-
Date
Buyer
Date
Seller
Dale
1630 Beavercreek Rd. Suite H 0",00 City, OR. 97045
5O..~S7-7047 tu: 513-657-7056
70
,-
NOV-08-2005 rUE 11:03 AM RE/MAX PROFESSIONAL GRP FAX NO, 5036577056
11/08/0S B9:SS FAX so~ ..2 11,. lANK OF TIGARO ~
.!
It
p, 02
talOO!
, I, ( I J i I
, I .
ATTACHMENT 3
Page J:L of !\.{--
108M fJW UTII PADWA\' · ~ oa
(l!I03'882-....o -JWK (lIOS.......
.
~
.\
1
~
j
.
November ., 200S
Bria t.clPlDl
10391 SWTrapp8I'tcmaco
B---. OR. 97008
JlF..: 491 N. 3"' St.
Woodburn. Oil 97071
.,
j
1
I
,
t
DeIr BriID: . . \
Tbe BaIt ofTlprd is plc:Md to ~1Ie)lOU asut . Cooks tbr/;.._~i.aa to
pUldJuc 4'1 N. 3" St., Woodbam. Ok. 1
F'mal ~va1 is subjcet 10 a ~t1,.vtDl:y appraisIl !llppqrdnl the purchase.cc.
110 clem bome iD.specdon IDd a clea mviraamentaI report. 4
If you ha.va my qaatiou please do not hesita1e to caD . at (S03) 892-1010.
I
j
~
I
1
I
I
'I
~
~
,
,
J
f
~
f
BeIt~
7l:~
Vice PresidcDt aud Manager
I
~
I
~
J
J.
0'
j
I
~
l
~
,1
~
(
,
t
d
t
71
G:r
1lL:=llI
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Z1
28
29
30
31
SELLER'S COUNTER OFFER
The Oregon Real Estate Agency has reviewed thl. form for compliance with the applicable provlslona In ORS.698 and find. that
It campi.. with thoH provl.lona.
I J 050?
Dated 111812001
Re: Real Estate Sale Agreement No.
Buyer: BrIan Letvnann
Seller: CItv of Woodburn
The real property described as: 411 N 3RD ST Woodburn OR 97071
Seller agre. to sell the real and personal property specified in Buyer's offer on the terms and conditions in Buyer's offer, except as
modified below: See Addendum A
For additional provisions, see Addendum A
AGREEMENT TO SELL:
All provisions of this offer (or counter offer(s), where applicable) not otherwise modified, are approved and accepted by Seller. Time is of
the essence of this counter offer. This counter offer shall automatically expire on Date Nov. 11 , .mH a.m.!i5I! p.m., if not accepted
within that time. However, Seller may withdraw this counter offer any time prior to written acceptance. This counter offer may be accepted
by Buyer only in writing.
If Buyer accepts Seller'S counter offer, Seller agrees to pay to the Selling Firm, or if thia is a co-op transaction, the Listing Firm, the sum
of $12.000 for professional real estate servlcel rendered in this transaction. Seller authorizes listing Firm to
order a preliminary title report and title insurance at Seller's expense and further authorizea escrow to payout of the cash proceeds of sale
the expenses of furnishing title insurance, Seller's recording fees, Seller's closing costs and any encumbrance on the property payable by
Seller on or before closing. Seller is a U_S. citizen unless otherwise stated herein (See FIRPTA clause in Real Estate Sale Agreement).
SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF BUYER'S OFFER AND SELLER'S COUNTER
OFFER, WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any
statement made by any real estate licensee which is not herein expressed. In the event Buyer fails to complete the sale as herein
provided, the earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: (check
one) 0 First to the Listing Firm, to the extent of the agreed commission just as if the transaction had been consummated, with residue to
Seller; or I8l ~~
SellerSignil --"-L J Date )I~'/ /&" ~S" _a.m.~
32
33
34
35
36
37
38
39
40
41
42
43
44
45
4\6
Seller Signature
Date
_a.m. -'p.m.
AGREEMENT TO PURCHASE:
o Buyer accepts Seller's counter offer.
o Buyer rejecba Seller's counter offer: OR 0 Buyer makes the attached counter offer.
Date
Date
Buyer Signature
Buyer Signature
_a.m. -'p.m.
_a.m. -'p_m.
SELLER"S ACKNOWLEDGMENT:
Seller acknowledges receipt of copies of Buyer's offer and of Seller's counter offer bearing Buyer's signature, which Seller has fully read
and understands.
Date
Date
Seller Signature
Seller Signature
a.m. ---p.m.
a.m. ---p.m.
47
48
49
50
51
52
53
54
55
56
RECEIPT OF EARNEST MONEY (Use only if earnest money provided in Buyer's offer Is changed by Seller's counter offer).
Selling Firm acknowledges receipt of earnest money from Buyer NOT previously receipted for in the sum of $ evidenced
o by cash, 0 check, 0 promissory note payable on or before . which Selling Firm agrees to handle as
provided in the Agreement.
Selling Licensee's signature
@2005 Oregon Real Estate Forms, LLC 01105
OREF 003.1
Selling Licensee Mike Miller
Selling Firm Broker's Initials/Date
No portion may be reproc:luced without express permission cJ Oregon Real Estate Forms, LLC
Listing licensee David Christoff
Listing Firm Broker's Initials/Date
!}o- / iI-'1-o~
72
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
lit
ADDENDUM TO REAL ESTATE SALE AGREEMENT
1
2
3
4
5
6
7
The Oregon Real Estate Agency has reviewed this form for compliance with the applicable provisions on ORS.696 and find. that it
complies with those provisions.
This is an Addendum to: 0 Real Estate Sale Agreement
Re: Real Estate Sale Agreement No. II () 50.5"
Buyer: BrIan Lehmann
Seller: CItv of Woodburn
~ Selle(s Counter Offer
Dated 111812001
o Buyer's Counter Offer A
Addendum No.
The real property described as: 411 N 3RD ST WoocIbtrn OR 87011
SELLER AND BUYER HEREBY AGREE THE FOLLOINING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT
REFERENCED ABOVE.
1. ewer Ie aware that the Seller Ie bound bv ORS 221.721 whIch reaul.... all condltlonallv acceated offers to oureha.. the
orooertv ~ be oresented to the CItv CouncIl for their final aooroval. The CItv .. required to advertIM that thev.... .eUlna the
PI'Ooertv and that an off<< to ourchaH It wi. be or...nt8d to the Council on a .oec~ed date to allow ODDOrtunltv for DUbllc lnout.
After the .....na the CouncD will cn.c.... the off""s' before them and wHI dIrect the CItv AdmInIstrator on how to oroceed. If
other offers come In ortor to the oubllc hearlna date then thev too ...11 be Dl'8Hnted to the Council for consideration.
2. auver Ie aware that the use of the oroDertv must com. with the Woodburn eeveloument Ordinance (WOOl CommercIal
omce (CO) zone reaulrementa.. &wer undentand. that the orooertv Is .Iso In the NeIGhborhood COl1MrVatlve OverlaY Dletrlct
which may Imoact the tv_ of aoollcatlon and coat to c1eveloo and use the orooertv. auver also understands that outIea.
dances and like kInd eventa do not fit the CO zone. BlNer Ie awa... that the orooertY Is not a dwelllna and BUYer .sum.. all
....oo..lbllltv for meetlna fI.... health and aafelv IMues for the CO zone.
3. &wer understand. that the Public H.....na for the oreaentatlon of off.. Ie scheduled for November 14. 200s at 7:00PM at 270
Montaomerv St.. Woodburn. OR. &wer may attend or send a reoreeentatlve to thl. hearlna In order to answer anv QueatIo.. the
Council may have, but Bwer .. not required to attend.
4. Sel.... and orooertv .... _&mot from r..ldentlal orooertv dlKloaure reaulrements. BUYer I. ourehaelRa the PI'Ooertv In an
.. AS IS" conditIon without Guarantee or warrant...
S. Cloalna date shall be on or before December 18. 2001.
8. Prooertv.. not eoeclallv .....Hd In a tax deferred statue. . noted on oaae S. Section 28. LIne 267 of the oralnal Sa'"
AGreement. Prooertv.. In an exemot tax status. BlNer shall be ....oo..lb.. for tax.. eatllbllahed bv the county at closlna and
should check with the county .....801' . to the effect of thle statue.
7. Seller s"lI remove all Dll'Sonal orooertv orIor to closinG. The Oraanfe' and Planofs' are not Included In this transaction.
Am oeraonal orooertv that remal.. after closing shall become the orooertv of the BUYer.
35
36
37
Buyer Signature
Buyer Signature
Date
Date
_8.m. ---p.m.
_a.m. ---p.m.
38
39
40
sellerSign~~~
v
Seller Signature
Date "/'1:,1/
Date
---
//~. Y&J_a.m~
_a.m. ---p.m.
41
42
43
Listing licensee David J. Christoff
Listing Firm Broker Initials/Date "z()({2./ / / 1- 1-0~
Selling licensee Mike Miller
Selling Firm Broker Initials/Date
~ Oregon Real Estate Forms, llC 10197 No portion may be reproduced without express permiSSion d Oregon Real Estate Forms, llC
OREF 002
Addendum Page 1 of 1 Pages
73
WEDNESDAY
November 9, 2005
50 Cents
PUBLIC HEARING
NOTICE
SALE OF CITY REAL
PROPERTY
Notice is hereby given that the
Woodburn City Council will hold
a public hearing on Monday, No-
vember 14, 2005, 7:00 p.m., in
the City Hall Council Chambers,
270 Montgomery St., Woodburn,
OR, on the proposed sale of city
property (Woodburn Community
Center, 491 N. Third Street,
Woodburn) which is legally de-
scribed as follows:
Lots Five (5), Six (6) and
Seven (7), Block Seven (7), AD-
OmaN 'C' TO THE CITY OF
WOODBURN, Marion County,
Oregon.
The City Council considers it
necessary and convenient to sell
this property because it is no
longer being used as a community
center and the sale of the property
will provide revenue to the City
for future development of com-
munity facilities. If the property is
sold, the proposed use of the
property will be consisten with
commercial office uses.
The nature of the proposed
sale, general tenns thereof, in-
cluding evidence 'of tile market
value of the city property, shall be
fully disclosed by the City Coun-
cil at the time of the public hear-
ing. Any resident of the City shall
be given an opportunity to present
written or oral testimony at this I
hearing. Written testimony may
also be submitted to the City
Recorder, 270 Montgomery St.,
Woodburn, prior to the date and
time of the hearing.
Mary Tennant
City Recorder
Published: November 9, 2005. .
ATTACHMENT '-\
page......L. of
74
r
~.""".
'r::t .
WQQ.DBU~N
1~(~rr~'A'tJ IS"
llA
~~
.
.
November 14, 2005
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Bargaining Agreement with Local 642, AFSCME
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution authorizing
execution of a collective bargaining agreement with the American Federation
of State, County, and Municipal Employees, Local 642, retroactive to July 1,
2005,
BACKGROUND:
In September 2002, the City Council adopted Resolution 1697, authorizing an
agreement with employees represented by the American Federation of State,
County, and Municipal Employees (AFSCME), Local 642. That agreement
expired on June 30, 2005.
In May 2005, AFSCME and the City opened bargaining for the contract year
beginning July 1, 2005. Based on the results of negotiations conducted
pursuant to your guidance, a tentative agreement was executed with AFSCME
in October 2005. The agreement was ratified by a majority of the AFSCME
membership on November 10, 2005.
DISCUSSION:
Seven articles of the agreement were opened for negotiation. Of primary
importance are the provisions addressing salary and cost of living adjustments,
and health care. Also negotiated were issues regarding sick leave, long-term
disability and life insurances, expense reimbursements, premium and bi-Iingual
pays, and the term of agreement. In addition, changes were made to the
Appendix which lists represented positions, to add the Building Inspector/Plans
Examiner III position recently approved by the Council, and changing the
"Secretary's" to "Administrative Assistants,"
Agenda Item Review: City AdministratOP'<
75
City Attorney _
Finance.
~
Honorable Mayor and City Council
November 14, 2005
Page 2
.
.
The tentative salary agreement provides for cost-of-Iiving adjustments on July 1,
2005 and July 1,2006 based on the Western States CPI (U). The increase for 2005
is 2.8 percent. The parties also agreed to conduct a joint compensationl
classification study. The study will validate the City's comparable worth matrix,
recommend any justified adjustments to the matrix, compare Woodburn salaries
to those paid by jurisdictions competing with Woodburn in the job market, and
recommend changes to salaries based on those comparisons. The study will be
completed by April 2006, and implementation of any changes will be discussed
through are-opener.
The parties agreed to maintain existing health care plans and cost sharing,
pending the results of an evaluation of the City's coverage options. The City's
Agent of Record for benefits, in cooperation with a health care committee, will
conduct the evaluation. The committee will be comprised of AFSCME and
Woodburn Police Association representatives, management, and non-
represented employees.
Other changes reflected in the attached bargaining agreement are:
Article 7.4 - Sick Leave Conversion. Extends sick leave conversion benefit
(converts 8 hours of sick leave to vacation leave for employees using less than 8
hours of sick leave during a calendar year) to AFSCME-represented employees.
Article 8 - Fringe Benefits
8.1 - Long Term Disability Insurance
Increases long-term disability coverage from sixty percent of a $2,500 cap to
sixty percent (60%) of the individual employee's base monthly salary. Base
salary will be increased by the CPI inflator each year.
8.3 - Life Insurance
Increases this benefit from $11,000 to lx (times) the employee's annual salary.
8.5 - PERS
The City will continue to pay into the current retirement plans offered through
The Public Employee Retirement System (no change from current practice).
76
T
Honorable Mayor and City Council
November 14, 2005
Page 3
.
.
8.6 - Expense Reimbursements
Expense reimbursements will be based on approved claims, pursuant to the
Personnel Policies and Procedures Manual. Claims shall be paid:
A) monthly, if a claim exceeds $20;
B) bi-monthly if monthly claims are less than $20, but total $20 or more
when combined; or
C) quarterly, regardless of the amount of the claim.
Article 9 - Premium Pay
9.1 - Overtime
Extends 2 hours overtime guarantee to employees who are called back to work
in instances of emergency. This applies to employees who troubleshoot from
their home through the use of a laptop computer, who would, except for the
computer, be required to return to the worksite to resolve an emergency.
9.3 - Working Out of Class
Inserts language from Section 8.1 of the Personnel Polices and Procedures
Manual.
Article 22 - Certification Pay
22.2 - Incentive Pay
Increases Spanish/Russian language incentive to 2.5% for those who are orally
proficient, 3.5% for those who are proficient both orally and in writing, and 4% for
those required to proofread eRa'S written work products,
Article 23 - Educational Incentives
Substitutes language from Section 18 of the Personnel Policies and Procedures
Manual.
Article 24 - Term of Agreement
Effective from July 1, 2005 through June 30, 2007, with a discussion of extension
during the wage re-opener.
77
r
Honorable Mayor and City Council
November 14, 2005
Page 4
.
.
The attached contract (Attachment 1) formalizes the terms upon which
tentative agreement was reached, and is respectfully recommended for
approval by the City Council,
FINANCIAL IMP ACT:
The attached agreement will increase employee salaries and benefits by
$66,960 for 2005-06. Long-term Disability and Life insurance premiums will
increase by $1, 142 and $5,031 respectively. The total cost of these items for
2005-06 is $76,133, of which $31,109 is a General Fund cost, and $45,024 will be
supported by other funds,
78
AnACHMENT 1
PREAMBLE
This Agreement is entered into between the City of W oodbum, Oregon, hereinafter
referred to as the City, and the City of Wood bum Local 642, American Federation of State,
County, and Municipal Employees AFL-CIO, hereinafter referred to as the Union.
The purpose of this Agreement is to set forth the entire Agreement between the parties on
matters relating to wages, hours, working conditions, and fringe benefits.
ARTICLE I - RECOGNITION
1.1 INCLUDED POSITIONS:
The City recognizes the Union as the sole and exclusive bargaining agent for full-
time and part-time (regularly scheduled to work 20 hours per week or more) employees
in the bargaining unit with respect to matters relating to wages, hours, and working
conditions. Appendix A, attached hereto and by reference incorporated herein, is a
listing of all bargaining unit employees. Supervisory employees and confidential
employees as governed by State statute, irregular part-time employees regularly
scheduled to work less than twenty (20) hours per week (except in circumstances that
they must replace full-time and part-time employees on a temporary basis), seasonal and
special projects employees, who shall not be employed by the City for more than nine (9)
months in any calendar year, and persons hired for a limited period oftime for training
funded in whole or in part, by the state, federal, or other governmental unit are
specifically excluded.
1.2 NEW POSITIONS:
In the event the City creates a new classification or revises a current classification
Page 1 - Agreement between City of Woodburn and AFSCME
79
which would place the classification in the bargaining unit, the Union will be notified of
such classification before any employees are hired in such new classification. If the
Union agrees with the salary range, it shall so notify the City within fifteen (15) days, If
the Union disagrees with the proposed salary range, the Union shall notify the City
within fifteen (15) days in writing if it wishes to discuss the wage or other conditions of
employment for the classification, and an additional fifteen (IS) days in which to
commence discussion on the issue.
If the parties are not in agreement over the proposed salary range or other issues,
the City may fill the position with its proposed salary rate serving as a provisional salary
rate until the above-described discussions have resulted in an agreement on the issue. If
the parties subsequently agree upon a salary rate that is different than the initial City-
proposed rate, such agreed-upon rate shall be retroactive to the date that the position was
filled.
ARTICLE 2 - UNION RIGHTS
2.1 FAIR SHARE:
1. The City agrees to deduct the uniformly required Union membership dues and
other authorized fees or assessments once each month from the pay of those
employees who have authorized such deductions in writing. Except as provided
in the following, an amount equal to the prorata share of the bona fide cost to the
Union of representation of the unit, as certified by the Union to the City, the fair
share amount will be deducted from the pay of employees in the bargaining unit
who have not provided the City with such authorization, with such amount to be
deducted thirty (30) days after their date of hire. Such fair share amount shall not
Page 2 - Agreement between City of Woodburn and AFSCME
80
r
exceed the amount of Union dues, The amounts so deducted, both fair share and
Union dues, shall be remitted on a monthly basis to the local treasurer, as
designated by the Union, with a list of the employees subject to the deduction.
The City agrees to deliver all notices through its internal routing system to fair
share payers when requested by the union to do so. Said notices will be delivered
to the City, addressed to each individual fair share payer.
2. The provisions of Section I hereof shall not apply if an employee objects in
writing to the City, based on such employee's membership in a bona fide church
or religious group whose tenets or teachings are contrary to such payment. The
City will provide the Union with a copy of any such letter within five (5) days of
its receipt.
In such instances, the employee shall authorize a deduction from his or her
pay which is equal to the fair share amount. Such payroll deduction shall be in
addition to any previously established deduction and shall be for the United Fund
or other mutually satisfactory charitable organization as agreed to between the
employee and the Union.
3. For the purpose of calculating months to determine the beginning or end of the
payroll deductions called for in Sections 1 or 2 of this J\I1icle, dues or like
amounts shall be deducted for any calendar month during which the employee
works ten (10) days or more.
4. The Union will indemnify, defend and hold the City harmless against any claim
made and against any suit instituted against the City as a result of any City action
taken pursuant to the provisions of this Article, The Union and the City each
agree to reimburse any monies paid or not paid in error within thirty (30) days of
Page 3 - Agreement between City of W oodbum and AFSCME
81
notification of such error.
2.2 BUSINESS REPRESENTATIVES:
Upon reasonable notice and proper introduction, official Union representatives
may be allowed access to work areas. Such visits shall be confined to rest periods and
lunch periods. At no time shall visits cause an interruption of work. The Union shall
provide the City with an updated list of authorized representatives, who shall number no
more than two at anyone time.
2.3 STEWARDS:
The Union shall appoint four stewards, one of whom shall serve as Chief Steward.
The Union shall provide the City with timely written notification of all steward
appointments.
All meetings held with City management pursuant to Steps I through IV of the
Grievance Procedure (Article 16) hereof, shall include the grievant and/or a union
representative of the Union's choosing.
Stewards who attend meetings with City representatives pursuant to the above
shall suffer no loss of regular pay as a result of such attendance. The City shall, however,
be under no obligation to hold such meetings during the paid time of the stewards and
other employees attending same. Except as provided above, all time taken offby
stewards shall be without pay.
It shall be the responsibility of each individual employee to provide reasonable
advance notice to his or her immediate supervisor when time away from the job will be
required under this section.
Union Business Agents may attend meetings held pursuant to any step of the
Grievance Procedure, provided the City has received reasonable advance notice of such
Page 4 - Agreement between City of Woodburn and AFSCME
82
attendance.
2.4 BULLETIN BOARDS:
In accordance with past practice, the Union will be allowed use of adequate space
on designated City bulletin boards to post information regarding Union business.
Specifically, such notices will include information about time and place of meeting,
Union social and charitable activities, and posting of official Union publications.
2.5 CONTRACT RENEWAL:
The Union's negotiation team, to be comprised of no more than three on-duty
employees, shall be permitted to attend negotiating sessions with the City without loss of
their regular pay relative to securing contract renewal; provided, however, that such
release from duty time shall not exceed an aggregate of ninety (90) working hours.
It shall be the responsibility of each individual employee to provide reasonable
advance notice to his or her immediate supervisor when time away from the job will be
required under this section.
2.6 CONTRACT PRINTING AND DISTRIBUTION:
The City shall, at no cost to the Union, provide the Union with the original copy
of this Agreement. The Union shall provide at its cost a copy of this Agreement to each
current employee, and the City shall provide at its cost a copy of this Agreement to each
employee who is hired during the term of this Agreement.
ARTICLE 3 - NON-DISCRIMINATION
This Agreement shall apply equally to all members of the bargaining unit,
regardless of race, sex, age, creed, color, national origin, or political affiliation. The
Union and the City shall equally share the responsibility for upholding this provision of
Page 5 - Agreement between City of Woodburn and AFSCME
83
r
the Agreement.
However, it is recognized that both state and federal law provide the means for
resolution of discrimination questions. Therefore, a claimed violation of the provisions
of this Article shall not serve as the basis for a claim of a violation of this Agreement.
ARTICLE 4 - HOURS OF WORK
4.1 GENERAL PROVISIONS:
A full-time employee's work week shall consist of five (5) consecutive work
days, not necessarily Monday through Friday, followed by two (2) consecutive days off.
A full-time employee's regular workday shall be eight (8) consecutive hours
except for an unpaid lunch period. Full-time employees' work schedules showing
workdays, shift assignments, and work hours will be posted fourteen (14) days in
advance by the City on bulletin boards available to affected employees.
Except in an emergency or in such instances that a shift position is vacant due to a
circumstance outside the control of the City, such as illness on a temporary basis,
established work schedules will not be changed without fourteen (14) days written notice
to the affected full-time employees.
For the 'purposes of this Agreement, emergency shall be defined as the
performance of City functions or services necessary to protect or reserve the lives, safety,
health, or property of the citizens of Woodburn threatened by unusual or unforeseen
circumstances.
Nothing in this Article or any part of this Agreement shall be construed as a
guarantee of hours of work.
Page 6 - Agreement between City of Woodburn and AFSCME
84
-
4.2 WORKDAY AND WORK SHIFf ROTATION:
When a change in the assigned work day schedule or change in shift occurs, the
provisions of 4.1 shall not apply.
Such rotation shall not normally occur more than once each four weeks. In such
instances, overtime shall not be required unless it is required under Article 9 of this
Agreement.
4.3 SHIFf ASSIGNMENTS:
Excepting probationary employees, who may be assigned to work any shift, the
City shall do one of the following within each operational area:
1. Allow employees within a given classification and job assignment to select their
shift assignment based upon seniority with the most senior employee to select his
or her desired shift first; or
2. Provide for a rotation of shift assignments whereby all employees within a given
classification and job assignment serve an equal amount of time on each of the
available shifts or work schedules.
4.4 WORK SCHEDULE FLEXIBILITY:
It is not the intention of this Article to prevent the City and an individual
employee from mutually agreeing to alternative work schedule(s). Such alternative work
schedule may be initiated by either the City or an employee(s), but must be reduced to
writing before it is implemented. In the event an employee requested flexible work
schedule is denied, the employee shall be provided the operational reason for such a
refusal by the Department head. Refusals of flexible scheduling by the Department Head
are not grievable but may be subject to review by the City Administrator. In all cases,
Page 7 - Agreement between City of Woodburn and AFSCME
85
~
the City reserves any and all management rights related to scheduling employee work
hours, or any other rights that may be applicable under this article. An alternative work
schedule shall conform to the requirements of the Fair Labor Standards Act but may be at
variance with the provisions of 4.1, 4.2, and 4.3 of this Article and may also,
notwithstanding the provisions of9.1, allow an employee to agree to a work schedule that
includes more than eight (8) hours of daily work without overtime pay.
4.5 PART-TIME EMPLOYEES:
Part-time employees are included under the provisions of this Article as it is
applicable to their work assignments.
ARTICLE 5 - HOLIDAYS
5.1 HOLIDAYS OBSERVED:
Employees shall receive the following paid holidays:
New Year's Day
January 1
Martin Luther King Day
Third Monday in January
Presidents Day
Third Monday in February
Memorial Day
Last Monday in May
Fourth of July
July 4
Labor Day
First Monday in September
Veterans Day
November 11
Thanksgiving Day
Fourth Thursday in November
Day after Thanksgiving Day
Friday after the fourth Thursday of
November
Page 8 - Agreement between City of Woodburn and AFSCME
86
-
Christmas Eve
The last half of the shift on December 24
Christmas Day
December 25
After completion of six (6) months of continuous service, each employee shall be
entitled to one (1) floating holiday with pay during each fiscal year. The floating holiday
shall be taken at the option of the employee, subject to the operating requirements of the
City operations, Part-time employees shall earn pro rata holiday benefits based on the
relationship of their regularly scheduled work week bears to that of a full-time employee.
5.2 HOLIDAY PAY:
In order to qualify for holiday pay, an employee must have been employed at least
thirty (30) days and must have worked the last scheduled work day before and the first
scheduled work day after the holiday or have been on authorized leave with pay.
Ifan employee's scheduled day off falls on such holiday, he or she shall be
granted a postponed holiday with pay to be taken at the mutual convenience of the
employee and the City.
If the employee is on authorized vacation or sick leave with pay when a holiday
occurs, such holiday shall not be charged against such leave,
Eligible employees shall receive one day's pay for each of the holidays listed
above on which they perform no work. Employees required to work on a recognized
holiday shall be compensated in cash for all hours worked on the holiday and one-and-
one-half times (1-1/2) times the established straight-time rate, in addition to their regular
holiday pay. In lieu of holiday premium pay, the city and an employee may agree to an
alternative day offwith pay. Such agreement shall be in written form and executed prior
to the holiday.
5.3 WEEKEND HOLIDAYS:
Page 9 - Agreement between City of Woodburn and AFSCME
87
r
Whenever a holiday falls on Sunday, the following Monday shall be observed as
the holiday. Whenever a holiday falls on Saturday, the previous Friday shall be observed
as the holiday.
ARTICLE 6 - VACATION
6.1 ACCRUAL:
Full-time employees shall accrue working days of vacation per calendar year outlined
here:
Upon completion of probation 40 hours or 5 days
Maximum
Years of Service Per Month Davs Der Year Accrual
6 mos through 5 06.67 hours 10 160 hours
6 through 10 10.00 hours 15 240 hours
11 10.67 hours 16 256 hours
12 11.33 hours 17 272 hours
13 12.00 hours 18 288 hours
14 12.67 hours 19 304 hours
15 through 19 13.33 hours 20 320 hours
20 14.00 hours 21 328 hours
21 14.67 hours 22 336 hours
22 15.33 hours 23 344 hours
23 16.00 hours 24 352 hours
24 16.67 hours 25 360 hours
Accrued vacation shall be credited as earned vacation for each full calendar
month of service, in accordance with the above, except that vacation accrued during the
first six (6) months of continuous service shall not be credited as earned vacation until
the employee completed the first six (6) months of continuous service.
An employee's earned but unused vacation credits shall not be allowed to
accumulate beyond double his or her annual accrual rate. In the event that the employee
will exceed the cap within the following 90 days, the employer shall notify the employee.
The employee shall then have the opportunity to schedule vacation so as not to exceed
Page 10 - Agreement between City of Woodburn and AFSCME
88
r
the cap. Vacations already scheduled and approved shall not be counted against the cap,
provided that such scheduled vacation shall be utilized prior to March 30 immediately
subsequent the date employee would have otherwise exceeded the cap. The City may
initiate a mandatory vacation of sufficient duration to reduce unused vacation below the
maximum allowable accumulation. Part-time employees shall earn prorata vacation
benefits based upon the relationship their regularly schedule work week bears to that of a
full-time employee.
6.2 UTILIZATION:
During the month of April of each year, the City shall circulate within each
department or division, as applicable, a sign-up register. Such register shall be circulated
to employees in the order of their seniority, beginning with the most senior employee. At
the time such vacation sign-up register is circulated, each employee shall have the
opportunity to designate one uninterrupted period for vacation within those parts of the
upcoming fiscal year when utilization of vacation will be allowed. Following the
circulation ofthe vacation sign-up register, each employee may schedule any remaining
accrued vacation on a first-bid basis; that is, the first employee to request vacation for a
period when the utilization of vacation is allowed shall, subject to operational needs of
the City, be allowed to utilize vacation.
The foregoing shall not preclude the possibility of several employees within a
given department or division, as applicable, being allowed to take vacation at the same
time, nor shall it preclude the possibility of denying requested vacation to an employee or
several employees while other employees are allowed to take vacation when such denial
of vacation is due to operational requirements that do not uniformly affect all employees
in the given department or division.
Page 11 - Agreement between City of Wood bum and AFSCME
89
r
Nothing in this article precludes the granting of vacation outside of the bid
process, at any time, so long as such approval does not provide operational difficulties for
the department or division.
6.3 INCLEMENT CONDITIONS
In the event inclement conditions exist to the extent that the employee cannot
safely travel to the work site, and neither the City nor the employee can determine an.
alternative method of transportation, the employee may use accrued vacation leave or
compensatory time to cover their absence.
6.4 TERMINATION:
Upon the termination of a regular employee, he or she shall be paid for all unused
vacation at his or her current rate of pay. In case of death, compensation for accrued
vacation leave shall be paid in the same manner the salary due the decedent is paid.
ARTICLE 7 - SICK LEAVE
7.1 ACCRUAL:
Full-time employees shall accrue sick leave at the rate of one eight-hour (8-hour)
day for each full calendar month of service from the first month of employment to a
maximum of one hundred twenty (120) eight-hour (8-hour) days. Part-time employees
shall accrue prorata sick leave benefits based on the relationship their regularly scheduled
work week bears to that of a full-time employee. Accrued but unused sick leave shall
not be compensated upon termination or death.
7.2 UTILIZATION:
1. Disability: If any employee is unable to work his or her regularly scheduled work days
by reason of illness or injury, accrued sick leave shall be applied subject to the following
Page 12 - Agreement between City of Woodburn and AFSCME
90
T
limitations:
a. Secondary Employment: Unless the employee has notified the City in
advance and received approval, sick leave benefits shall not be allowed
when an employee is working for another employer, or otherwise engaged
in an activity for profit during the period of disability.
b. Industrial Accidents: If the employee is or should be eligible for Workers'
Compensation time-loss benefits, sick leave shall not be available.
c. Doctor's Certification: If the employee is absent for more than three (3)
calendar days, sick leave benefits shall not be allowed after the third
calendar day unless a physician's statement is submitted upon return to
work or unless alternative arrangements satisfactory to the City have been
made on or before the third day of the absence.
If the City has reason to believe that an employee may have been
abusing sick leave, it may, by prior written notification to that employee,
require a physician's certification of illness for absences of three (3) days
or less as a condition of receipt of sick leave benefits.
In addition, a physician's certification of fitness to return to work
may be required if there is some reason to question the employee's fitness
to perform his or her assigned duties.
2. Family Illness: When an employee must be away from the job because of a
serious illness in the immediate family, such time off shall be granted by the
Department Head and charged against sick leave time. Immediate family is
defined as: husband, wife, mother, father, son, daughter, brother, sister, father-in-
law, mother-in-law, grandparents, or other relative living in the employee's
Page 13 - Agreement between City of Woodburn and AFSCME
91
~
household. In addition, the case for a newborn child during the tirst seven (7)
calendar days following the date of birth or adoption up to the age oftive (5) shall
qualify as family illness for purposes of this section.
3. Medical Appointments: When an employee must be away from the job because of
an appointment with a licensed physician or dentist, such leave, provided it was
requested and approved in advance, may be approved and charged to nearest one-
quarter (1/4) hour to the employee's sick leave account.
7.3 LIMITATIONS:
1. New Employees: Sick leave shall not be available for utilization until after the
first ninety (90) days of employment have been completed,
2. Notification: The employee shall notify his or her immediate supervisor in
accordance with procedures that may be established by such supervisor of the
need for sick leave as soon as possible after his or her knowledge of the need. If
the employee fails to notify his or her supervisor in a timely manner, it shall be
cause for denial of sick leave benefits.
3. Abuse: The abuse of sick leave shall be cause for disciplinary action.
4. Extended Illnesses: Sick leave shall not be allowed after the tirst ninety (90)
calendar days of any illness, as the City's long-term disability plan provides
income protection in such circumstances, After the employee has returned to
work following an absence of more than ninety (90) calendar days, any accrued
but unused sick leave shall be available for utilization for subsequent disabilities.
7.4 INC.~NTIVE CO~VEI~SION: Any employee who accumulates eighty-eight (88)
h9JH'S!!1'l1l~)C<;~)tjln\l~clhL~J,.lc(\~J:_\\_Lth.illJhc calendar year has the 9Q!!PI1 to C_9)lVcrt
~j\!ht (X) hours ofsickka\~ into \acatiolllca\"t~ as an incentive for low usage of sick
Page 14 - Agreement between City of Wood bum andAFSCME
92
~
leave.
ARTICLE 8 - FRINGE BENEFITS
8.1 LONG-TERM DISABILITY INSURANCE:
UkCllvC January I. 2U()6, l the City shall pay the cost oflong-term disability
coverage that insures sixty percent (60%) eftBe first $2,599 meMltly Base salary of the
employee's base monthly salary for &B empleree a disability disabled due to injury or
illness. This coverage shall provide protection when ninety (90) calendar days have
elapsed from the time of injury or illness,
8.2 MEDICALIDENTAL INSURANCE:
1. The City shall continue to provide the existing or a substantially equivalent
medical and dental insurance for all employees and enrolled dependents through
June 30, 20Q2.S Effective July 1, 20~5(), the City will increase itsJttciF monthly
contribution toward the existing or a substantially equivalent medical and dental
insurance premiums for all enrolled dependents by an amount not to exceed fifty
percent (50%) of the insurance premium increase for each category (Employee
only, Employee plus one dependent, Employee plus two or more dependents)
based on the medical and dental plan selected by the employee. The maximum
monthly contribution increase will be based on the EBS Trust Plan V PPP $100
deductible medical plan and EBS Trust Dental Plan II, SLid1 cost sharing and
c~~.;_rag~~ \~ilLr~m~lLLul1(.;[t~.L'L 12Q1dinK-Cily'.o'L~valLiati_Qn ofllcalth ~arQ
L'll\CraL':CS and related bl:Ill:lils ol11ions. . rhall..'valuation shall he cOlll1)ktcd by a
----- ~-- -- ---. -~ ~---~ - - --_._,~ ---- - ~ -+ -------_._._._~--_.._---~---_.-
Ilea Il hCIX~~j.)lll !JliJJce\\()rkil1g.ill(;_O~!12-C.G1J~lD_~V i tbJjJ~_~' i I Y~.:i_U~~tl!lll nSUn!!1~e
,~\.!Ct1t or Rl..'corL TIK'.l~()!llInillCc shall he composed or AFSCME mcmhcrs,
Page 15 - Agreement between City of Woodburn and AFSCME
93
T
members nrthc Woodburn Police Association, Management, and non-represented
t.;1}mlQ1S5~. AFSCl\lE shall dedicate a minimum of three members, and alternates
;\:;~JPm~_)mi;\te.l~~jcne_(2.I} the Committee and act as a liaison between the
('\I!llIni Il<;C and till' ~CIlC!';lll_11Cl1l\)CJ~"hin~_011~LJb~_~_\a'J-!ati~)11j)~(2.llmkted a1lQ
!~.!!Jll~r than t~m:.iU()Ll!H)5. Citv and AFSCME shall re-open discussions on
llt;altbsarc. -Ibjs date may be extended by mutual agreem~nt of the parties.
2,
.hi' D~!lgJh~Jl\Qll!J:L9f October 2Q02, the rity '.,,'ill is~;ue a checl<, los:; applicable taxes,
~<!et!lQ1QY~ejn~j.i~illi!lifHt- i-ft~ll~ he~t1ll+-tHS-l:tHtt1t~wegFam-Hmt-wBttt4-fe-jffl bur:;e 111 e m 1'0 r
1!~lount 2.1ready lli!iQJb!Q~m!yrillJ deduction that would normally have been t*Hd
~Glty-ba~;cd on the G~-fle-W--€{)ntrihution rate. I f the medical und dentnl
il.:!S llr\!!l\Ot,Lill1}t:t*~Y-~~ll:!:~+tt\'fr-<lr~ Y~j!l~)f=ibi!.!llttLC:: iJY' s con tri bJ!!.!Q!l. Th c monthly
pt~Jll h:HH(;'t,:)-; J>J}_,~~1 bJ . f I~,-' IlW_t H y~'~_\\i !:H2~~i!h~f:i!:frIe-tl~~ d~tiltt'!:.i:t~ltOF- ~!:!::rrAeF-t~
t I ~~h'h:' Hfl1l-'-.itH t1€'-=-t-:!lli:~!:_Q_ L the _1:'+Hf"h+..Y~
Effeeti",e fuly 1, 200J.l, the City will inerease their molHhly eeBtribatioa
to''\'&fd the existiag or Stieetafttially eE\lli-":aleBt IMdieal Md <lemal iBSUmllee
premi\HBB for all employees BRd enrolled def'eadeats by 8ft ametmt Rot to exeeed
fifty and one hulfpereeBt (50%) of the illS\:lfaBee premiWB inerease fer eaeh
category (EFnf'loyee only, Employee plus one depea<lem, Employee plas two or
more dependeale) eased OR the medieal aREI deBtalplan Beleeted by the
employee. The ffi&XiImlftl moftthly eoftkibutioa iaerease will be based Oft the
EBS Tmst Plaa V PPP $1 Og dedlletible medieal pIe ana EBS Trast Deatal Plan
II. The monthly premh:lffi eOBls paid by the employee will be either a pre tax
deooetioa or 8ft after tltX payroll dedaetioa, at the option of the employee.
Page 16 - Agreement between City of Woodburn and AFSCME
94
~
~ffeetiYe .Jtily 1, 29911, the City will iRerease their memBly l3eftU'ieatieB
t<>ward the eJdstiBg er EftlBstaBtially eEllli-vaIem meE:iieal and setal iB5\H1Hlee
premiWBS fer all empleyees and enrelled depeREleBts BY 8ft amouRt Bet to eKeeeE:i
fifty and one halfpereeRt (59%) eftlte ill5\ll'8ftee premiwB iBerease fer eaelt
e&tegery (~mpleyee eBly, Empleyee pkls eRe tlepeBtleBt, Empleyee plus ~'e er
IBOre aepeBE:ieats) Based eft the meE:iieal anE:i aeffial pIe seleeted by tlte empleyee.
The maK1m\lIR momftly eeatribut-ieft iBerease will be based aft the BBS Trust
Plan V PPP $199 seElaet-i9le medieal plan 8ftt! BBS Trust Demel Plan II. The
moMftl.y pRmlitilB eosts pais BY the employee will Be either a pfe tax aeE:il:letioB or
8B. after tax pa)'fall aedlietiaB, at the aption of the employee.
J..:-As of June 1, 200Q(), the City amended its contract with the EBS Trust
to include vision coverage for all employees and their enrolled dependents.
Employees in the health insurance program are required to participate and the
monthly premium cost for such coverage will be borne solely by the employee
either as a pre-tax payroll deduction or an after-tax payroll deduction, at the
option of the employee.
8.3 LIFE INSURANCE:
l'IJ'-'~U\_L'_.I;\ll!L!ryl, 2\ii)(\ ,ui~l rror the duration of this Agreement, the City shall provide
the following:
ULA $19,900 21 BOllr life poliey A 24-hollr term life insurance policy equal to One
times tbe emplQyce's basic annuaL salary rounded to the next higher S LOOO.
(2) .\ $10,090 aeeiseRtal death aRt! aismel'RllermeRt poliey.
l~l An Accidental Death and Dismemberment insurance policy cClUal to One times
Page 17 - Agreement between City of Woodburn and AFSCME
95
-
the employee's basic annual salary rounded to the next higher $1.000,
(3) (3) A $1,000 dellele iBeeftlBKy lleeicieBtal tieatk IlBci ciismemeeffBeBt l3eliey.
8.4 WORKERS' COMPENSATION
Pursuant to applicable law, the City shall continue to provide coverage under the
Workers' Compensation plan for job-connected injuries or disabilities.
In the event an employee suffers an injury while on the job with the City for
which he or she is eligible for time-loss benefits, such employee shall continue to receive.
the medical, dental, long-term disability, and life insurance benefits provided for herein
for the first ninety (90) days of such injury.
8.5 RETIREMENT
For the duration of this Agreement, the City shall continue the current retirement
plan \~rI~r~~Uh.J:otlglLttHdef the Public Employees Retirement System (PERS).
ARTICLE 9 - PREMIUM PAY
9.1 OVERTIME
Employees required by the City to work beyond eight (8) hours in any twenty-four-
hour (24 hour) period beginning at 12:01 a.m., or more than forty (40) hours per week,
shall receive overtime compensation. In no case shall overtime be paid twice for the
same hours.
Page 18 - Agreement between City of Woodburn and AFSCME
96
~
Overtime shall be computed to the nearest quarter-hour (Y.. hour). Overtime pay
shall be based on the actual number of hours on duty per day or week, except that two (2)
hours of overtime will be guaranteed in instances of emergency call-back. Emggcncy
l'all-ba~k sh<~11 im:lude. but :-;\1:1lll1ot he limited to instances when an employee has
!2bysicalliJ~fL!he work-,~te. ~ on Ibe \v"lY home from work. and is called to return to
work. Overtime pay :-;h:111 also be paid at Iht.: emergency call-back rate to cmployees that
trl~uhk sl1\)(ll !'r()mhnll1~ USIllgj~J:lVJ~)[lSQlllp!~t~Lwho \V9uld oJhcrwise, except for use of
tb~_l'()I]l1)lItcr. he rCWL~~tu rcturnlQJ.Dl: \H)rk -;itctu resolvc an cmer~cncy.
The overtime rate shall be time-and-one-half the regular rate of compensation, in
the form of comp time or pay, at the discretion of the City. However, if employee(s) are
to be subject to a compensatory time policy that differs from the eight (80) hour
maximum presently allowed by City policy, he/she shall be so notified in writing.
In the event that sufficient acceptable personnel do not accept overtime on a
voluntary basis, or in the event of an emergency, such additional personnel as are deemed
necessary by the City may be required to work overtime. As provided by ORS
279.345(5)(b), the provisions ofORS 279.340 shall not apply to the employees covered
by this Agreement.
9.2 STANDBY
Employees required to be accessible by telephone or pager and available for
dispatch to the job shall receive one (I) hour's pay at their straight-time hourly rate for
every twelve (12) hours of standby time for the duration of such standby period. Standby
time shall not be counted as hours worked for purposes of computation of overtime pay,
and no standby pay shall be awarded for any hours that are actually worked.
9.3 WORKING OUT OF CLASS:
Page 19 - Agreement between City of Woodburn and AFSCME
97
Vlhea ia the City's sele disefetieB aB eml'leyee is telBl'erarily appeiBteti te a higher
elassiiieMieR, he/she shall feeeive a five l'ereeBt (5'~) pay iBer~aGe fer aU time speRt ill
suell assigmaeftt. All saah appeiBtmeftts shall be by wntteB B9tifieatieR t9 tlie empleree.
At the discretion of the department head, employees assigned to work in a higher
classification may receive a live percent (5%) wage differential for periods of two (2)
weeks or longer (this excludes periods for vacation, sick leave, workshops, ctc). In order
to receive Acting-In-Capacity pay, the employee must be assigned the full range of duties
;lnd have full authority and responsibilities orthe position he/she is filling. The
deoartment head mllst submit a Personnel Action Form to the Human Resollrces Office
prior to assigning employees to work in a higher classification requiring a wage
differential payment.
ARTICLE 10 - REST PERIODSILUNCH PERIODS
All employees shall be granted a fifteen-minute (IS-minute) rest period during
each one-half (~) shift, except in emergency situations. Rest periods shall be taken at
approximately the middle of each one-half (YI) shift as designated by the supervisor.
All employees shall be granted a lunch period of not less than one-half-hour (~
hour) or more than one (1) hour, except in emergency situations. Such lunch periods
shall be without pay and be utilized at approximately the middle of the work shift as
designated by the supervisor,
ARTICLE II-LEAVES
11.1 BEREAVEMENT LEAVE:
Page 20 - Agreement between City of Woodburn and AFSCME
98
r
In the event a death in the employee's immediate family, an employee may be
granted leave of absence not to exceed five (5) calendar days without loss of pay. This
leave shall be separate from sick leave and shall not accumulate from year to year.
In the event of a death of a co-worker, employees may request and be granted
vacation leave or other mutually agreeable time off to attend the funeral. In instances
where the essential work of the City would be seriously handicapped by the temporary
absence of a group of employees in a division, the City may set a reasonable limit on the
number of employees that are to receive such leave.
11.2 WITNESS/JURY DUTY:
When an employee is called for jury duty or subpoenaed to appear in court as a
witness, he or she will be paid the difference between his or her regular salary and the
amount of jury pay. However, ifhe or she transfers all compensation, less mileage and
meal allowances, received from the court to the City, he or she shall receive his or her
regular compensation for the time covered by the absence. Time not worked because of
such service will not affect vacation or sick leave accrual. The foregoing shall not apply
if the employee is a party in interest to the proceeding or is serving as a witness against
the City or on behalf of the Union. In such instance, leave of absence without pay will be
provided.
11.3 MILITARY:
Military leave with or without pay shall be provided in accordance with
applicable State CORS 408.290) and federal statutes.
11.4 LEAVE WITHOUT PAY:
Upon the written request of a regular employee to the immediate supervisor, the
City may, in writing, grant an employee a leave of absence without pay for a period not
Page 21 - Agreement between City of Woodburn and AFSCME
99
T
exceeding twelve (12) months. Such request shall include the reason for requesting such
leave and establish reasonable justification for consideration by the City. An employee
shall not accrue benefits or seniority during such leave, but will be reinstated with all
previously earned leave and seniority upon his or her return to work.
11.5 VOTING LEAVE:
Employees who are registered voters shall be granted necessary time off, up to
one (1) hour, to vote on election day if, due to their work schedule, they otherwise would
not be able to vote.
ARTICLE 12 - WAGES
12.1 WAGE RATES:
Rctroactive to October 1, 1999, (un'ent emplo)'ees shall be compensated in
accordance with the '.vuge ~)ehedllle attached to this i\greement as i\ppendix B which, by
this reference, is incorporated into and made a part of this ,\grcement.
Implementation of New Wage Schedulet
Elfective July 1,2005, a cost of living adiustment equal to the one year change in
the Consumer Price Index (CPI-ln, Western States, from May. 2004 to May 2005 shall
Q~;!12n1l~Lt,uhe /~fS(3vlE_~i~L~~hccl~le in effect June 30, 2005. Effective July l..
2000, a cost ofliving adiustment equal to the one year change in the Consumer Price
!lJg~)(J.~EI~\lLWcst~rJlStates,Jrolll May, 2005 to May 2006 shall be applied to the
AFSCME wage schcdule in dfi.:ct June 30, 2000. Effective October 1, 2002, mployeesJ!
marketability udju:;tmcnt of two pcrcent (2"~,) :;hall be applied to the .....a~e :~chedulc in
effect Septcmber 30, 2002. 'nill be placed on the step within their new pay range which is
Page 22 - Agreement between City of Woodburn and AFSCME
100
?
closest to their current rate of base pay with eligibility for step advancements begiARing
in fiscal year 2000 2001 on the employee's anniversary date. The exception '.vill be for
those employces whose annivcrsary date falls betwcen the date of the adoptioR of this
agreement and JURe 30,2000 (lAd ',I,'ho are digible for step advaRcemeRt. Slich
employees shall be e','aluated 'Nithin 30 days of the adoption of this agreelllent and, with
a timling that t-flej'-ll1cct or exceed ex pectations, ~;hall receive 5 percent (5%) salary
adynnccment:; under the cxi:;ting :;alary schedule dated October I, 1998 and then be
placed OR the step closest to the rate of base pay on the wage schedule datea October I,
1999 (Appendix B), In the event an employee's curreRt rate of base pay exceeds the
rate of pay for the range/step in which the employee would normally be paid, the
employee ',viII continue to receive their current rate of base pay.
In addition, and eEffeetive Oetober 1, 200~0, a eest efliyiDg adJastmeBt equal te
the Olle year change ifl the Coaswner Priee Index (CPIjy), PeAlBBd IBdeK, shall he
atlplied te the wage sehedllle iB effeet September 30, Z002.0ctober I, 1999. For
pl:Kposes of ealeuliKiDg this inerease, CPI wauld he hased OR the most eurreBt statisties
available iB September 200~O, ..\ll emplayees .....ill reeeiye the east ofliYiDg ac1juSUBeBt
eveR the1:lgB the D0'nly established '."Iage may he greater than the range/step seheaule iB
'Nliieh the employee 'Nould Barmally \3e paid,
Effeeti':e Oetoher 1, 20911 , Ii east of liviBg adjustmeBt equal ta the ORe year
ehaage iB the Consumer Priee JBdex (CPIY{), Partland IBdeK, shall \3e 8pl3lied to the
wage sehedtlle in effeetive Oet0ber 1,2003, Far purposes ofeale\ilatiBg this i8:erease,
CPI woald he based OD the most elHTeRt statisties a"lliilahle ill September 2903, .A..lI
employees ..'{ill receive the east of li'liDg adj\:lstmellt eveB thaugh the aewly established
wage may be greater thaB the fBBge/step schedule iB whieh the empl0yee ':Iould normally
Page 23 - Agreement between City of Woodburn and AFSCME
101
.
oe paid.
Effeetive Oeteeer 1,2994, a east efliviBg adj\i5tmeBt eEl.\ial ta tfte efte year
eBege iB tlle CaBSWBer Priee lBtIeK (CPI\V), Partleti lRtiex, shall Be applieti to the
wage sehetiule etl0etive Oeteaer 1, 2994. Fer pm:pases af ealeulatiag this iBefease, CPI
v/ellhl Be aaseti eft tfte mast emTeBt statisties availaBle iB SeptemBer 2004. t.."
emplayees will reeeY/e the east efli'JiBg atljllstmeBt eveB tftellglt tlle ftewly etHaBlishea
wage may be greater tllBR tlle fBflge.'step seheEhlle iB whieh the emplayee weald Barmally
Be paid.
12.2 Results 8f Classification/Compensation Study:
~gparatc Idter o( aUl'eemenl. to be executed prior to November 30, 200S, City and the
~! 11i()n_sb~!1 L;\grl.:~ \)l1l hc_ dl.:sig!l, i 111l2Jfl]]~ntati~H},J111_(l fungingoL<L ~J'1ssjJ:i(,:aJion and
',: om pc l.l)jlti on _'il!:l~!L1L!grccIDcnt i~Jcacho;d, the study shall be I.:ompkte~_;md shall
~ali<:llit~_alL~Lmakt:_X~\:~~D!!n(~I1-dl!1i9ns for adiustf!lcnts to thc City's CO!TIlli!Iable worth
matrix,and ~valuale the marketability of salaries paid under the city's compensation
~bl~D}_tQJll'2~~_l2ill(LilJ_~91np'!Ii:lbki.!:lxisdicti9Jb,_L\ fter the study i~Si2!1l121cte.9~.)Ut not
later than April _\0,2005 City al1d the Union agn;c to re-open wag,~discLlSsiollS for the
ill!l1~2~l:~1l~_~i~~JE"i::>lll S-\\ilb~_ ~!~Ii.!:~;:-.t~"!l~r-'1~'U_()_h~~rr(:~Jj \c .I uIY-1-L1J)()6. _Ib~-=,~l2JiI JjJ, 2006
~kadIiIl"': lll.ill:-b_~~~!J;IHbl hLmllLl8.La\~rcel!l~nt ()f the parties.
ARTICLE 13 - DISCIPLINE AND DISCHARGE
13.1 DISCIPLINARY ACTION:
By way of illustration but without limitation, disciplinary action shall include the
following:
(1) Written reprimand.
Page 24 - Agreement between City of Woodburn and AFSCME
102
r
An employee may grieve a written reprimand through Step IV, City
Administrator level of the grievance procedure, but shall not pursue such a grievance to
Step V, Arbitration, The decision of the City Administrator shall be final and binding. If
the employee disagrees with the written reprimand, helshe may attach a written rebuttal
thereto.
(2) Suspension without pay.
(3) Temporary reduction in pay to a lower step within the established pay range for
the employee's classification.
(4) Discharge
Oral corrections may also be given to employees, but such shall not be considered
disciplinary action, inasmuch as the employee has experienced no loss of
compensation as a result thereof.
13.2 DUE PROCESS
For the purposes of this Article, due process shall require that the following steps
be accomplished before an employee is 1) suspended without pay, 2) temporarily reduced
in pay, or 3) discharged.
Before any decision to take disciplinary action is finalized, the following shall
occur:
1. The employee will be informed of the charges in writing and given the
information that is the basis for the possible disciplinary action.
2. After the employee has been informed of the charges, he or she shall have
the opportunity to meet and discuss the matter with the supervisor who
initiated the charges. If the employee chooses to meet with the supervisor
to discuss the charges, he/she shall be allowed to have a representative of
Page 2S . Agreement between City of Woodburn and AFSCME
103
~
the Union present.
After the decision is made, the employee shall be given written notification
thereof. If the decision is adverse to the employee, the employee shall have the
opportunity to include a statement in hislher personnel file and to file a grievance
in accordance with the provisions of Article 16 thereof.
13.3 JUST CAUSE
No employee shall be 1) suspended without pay, 2) temporarily reduced in pay, or
3) discharged without just cause, If there is disagreement as to whether or not just cause
exists, such dispute shall be resolved in accordance with the provisions of the grievance
procedure, Article 16 hereof.
13.4 CONFIDENTIALITY
If a supervisor has reason to discipline an employee, he or she shall make
reasonable effort to impose such discipline in a manner that will not unduly embarrass
the employee before other employees or the public.
13.5 PROBATIONARY EMPLOYEES:
A probationary employee shall serve at the pleasure of the City and shall not have
the right to appeal any disciplinary action as a violation of this Agreement. A regular
employee shall be discharged only on stated grounds provided the employee.
ARTICLE 14-SENIORITY
14.1 DEFINITIONS
Seniority, as used in this Agreement, means a regular employee's length of
continuous service with the City since his/her most recent date ofbire. An employee
who has not completed hislher probationary period shall not be considered to have
Page 26 - Agreement between City of Woodburn and AFSCME
104
T
seniority and shall not be considered a regular employee.
An employee shall lose all seniority credit in the event of voluntary or involuntary
termination or failure to return from an expired leave of absence.
An employee who is absent without leave for more than seventeen (17) working
hours shall be considered to have resigned. Such employee may be reinstated without
loss of previously accrued seniority and other benefits ifhe/she can show that it was not
feasible to obtain prior approval for the absence.
A seniority list for the bargaining unit and classification shall be posted on
conspicuous places available to employees.
A layoff means a permanent reduction in the City work force.
14.2 LAYOFF
In the event of a layoff, notice of no less than fifteen (15) days will be given to
employees the city intends to layoff. If the city reduces its work force, layoffs shall be
made within each job classification on the basis of seniority with the least senior
employee being the first to be laid off. The city may make exception to layoff on the
basis of seniority where employees who possess special skills would otherwise be laid
off. Employees subject to layoff shall have the right to displace employees in equal or
lower-paying classifications, provided they have prior service with the city in that
classification, or to any lower-paying classification for which the employee can meet the
minimum qualifications as specified in the most recently posted recruitment notice. If
the employee has no prior City service in job to which he/she is to be placed, a
probationary period as specified in Article 14.6 shall be required, except that if the
employee fails to successfully complete the probationary period, he/she shall be subject
Page 27 - Agreement between City of W oodbum and AFSCME
105
to layoff and not termination.
14.3 RECALL
Recalls from a layoff shall be made according to seniority. No new employees
shall be hired into a classification until all laid off employees qualified to do the job have
been given a chance to return to work.
In order to maintain this right to recall, an employee must register in person or by
mail with the City Administrator or his or her designee upon change of address,
telephone number~ and at least annually signifying his or her availability for recall.
Laid off employees shall be recalled only by certified letter~ return receipt
requested, and shall have five (5) days from receipt of such notification in which to
inform the city of their intent to return to work and an additional ten (10) days therefrom
in which to report to work. An earlier reporting day may, by mutual arrangement~ be
arranged. Employees laid off for a period of twenty-four (24) months or longer lose all
seniority rights.
14.4 TRANSFERS:
Employees desiring to transfer to other comparable positions may submit an
application in writing to their immediate supervisor. The application shall state the
reason for the requested transfer.
14.5 JOB POSTING:
Vacancies in the bargaining unit shall be posted in a place available to employees.
Employees may apply for such open positions by the regular application procedure.
Present qualified employees shall be given first consideration~ provided their
Page 28 - Agreement between City of Woodburn and AFSCME
106
~
qualifications are, in the City's judgment, equal to those of other applicants. If two or
more qualified present employees are otherwise equally qualified in the City's judgment,
first consideration shall be given the applicant with the greatest seniority in applicable
job classification.
14.6 PROBATIONARY PERIODS
The probationary period is an integral part of the employee selection process and
provides the City with the opportunity to upgrade and improve the department by
observing an employee's work, training and aiding employees in adjustment to their
positions, and by providing an opportunity to reject any employee whose work
performance fails to meet required work standards. Every new employee hired into the
bargaining unit shall serve a probationary period of six (6) full months, which may by
written notice to the employee prior to the completion of the initial six-month (6 month)
period be extended for up to six (6) additional months. Employees promoted into a
higher classification shall serve a probationary period of six (6) full months, which may
by written notice to the employee prior to the completion of the initial six-month (6
month) period be extended for up to six (6) additional months.
The Union recognized the right of the City to terminate new employees on
probationary status at any time for any reason without recourse to appeal and to exercise
all rights not specifically modified by this Agreement with respect to such employees,
including, but not limited to, the assignment of on-the-job training in other
classifications. The Union also recognized the right of the City to demote an employee
on promotional probationary status to his or her previous position.
Page 29 - Agreement between City of Woodburn and AFSCME
107
1
ARTICLE 15 - CLOTHING AND EQUIPMENT
15.1 PROTECTIVE CLOTHING AND SAFETY EQUIPMENT
The City shall provide protective clothing and safety equipment pursuant to
applicable laws and regulations, based on a review performed by the City's insurance
carrier or other similar resource acceptable to the parties. Only those items which are
required by law or regulation shall be provided.
15.2 UNIFORMS:
In addition to safety equipment and clothing provided under the above, the City
shall continue to provide work uniforms for selected employees within the bargaining
unit, under the following conditions:
a. It shall be the employee's responsibility to launder and to otherwise
maintain the uniform in a proper manner.
b. Uniforms or any portion thereof shall not be worn except while on duty or
while in transit to or from the job.
c. Uniforms shall be replaced on an exchange basis only, and employees
may from time to time be required to account for all uniforms originally
issued.
The cost of replacement of any unifonn lost, destroyed, or otherwise not
accounted for shall be borne by the employee.
ARTICLE 16 - GRIEVANCE
16.1 DEFINITION:
A grievance, for the purpose of this Agreement, is defined as a dispute regarding the
Page 30 - Agreement between City of Woodburn and AFSCME
108
-
meaning or interpretation of a particular clause of this Agreement or regarding an alleged
violation of this Agreement.
16.2 PROCEDURE:
In an effort to provide for a peaceful procedure for resolution of disputes, the parties
agree to the following procedure:
STEP I: The employee, with or without the assistance of a Union Business
Representative or steward, shall discuss the grievance with his or her most immediate
supervisor who is not also a member of the bargaining unit within seven (7) calendar
days of the occurrence of the grievance or within seven (7) calendar days of the date that
the employee should have first known of the facts upon which the grievance is based. As
part of such grievance discussion, the employee shall notify the supervisor that the issue
under discussion is a grievance. The supervisor shall have seven (7) calendar days to
provide an oral response to the grievance.
STEP II: If the grievance remains unresolved, the employee shall, within seven
(7) calendar days of receipt of the supervisor's reply in Step I above, but not more than
twenty-one (21) days of the occurrence, as outline above, submit the grievance in written
form, including at a minimum the following:
1. A statement of the action or lack of action on the part of the City that is
the cause of the grievance.
2. A statement as to the specific contract Article or Articles with section
and/or paragraph thereofthat was violated.
3. The specific action or alternative actions that the city must take to correct
the contract violation.
The supervisor shall respond to the employee in writing with a copy to the Union Vice-
Page 31 - Agreement between City of Woodburn and AFSCME
109
I
President within seven (7) calendar days.
STEP III: If the grievance remains unresolved, it shall be submitted in writing within
seven (7) calendar days of completion of Step II to the Department Head. He or she may
meet with the employee's immediate supervisor and the aggrieved party and shall
respond to the grievance in writing within seven (7) calendar days.
STEP IV: If the grievance remains unresolved, it shall be submitted in writing within
seven (7) calendar days of the completion of Step III to the City Administrator. He or
she shall meet with the aggrieved party and the Department Head and shall respond to the
grievance in writing within fourteen (14) calendar days.
STEP V: If the grievance is not resolved, it shall be submitted to arbitration in the
following manner:
The Union shall have seven (7) calendar days from the date of completion of Step
IV procedures in which to provide written notification to the City of its intent to proceed
to arbitration.
The Union and the City shall have seven (7) calendar days from the date of such
notification to reach a mutual agreement upon an arbitrator. If the Union and the City
fail to agree upon an arbitrator within the seven (7) calendar day period, the Union shall
within the next seven (7) calendar days submit a request for a list of seven (7) arbitrators
to the State of Oregon Mediation and Conciliation Service. The parties shall alternately
strike one name from the list until only one name from the list remains. The Union shall
strike the first name. The remaining individual shall be the arbitrator. The City and the
Union shall have seven (7) calendar days from the date of receipt of the list of arbitrators
to select the arbitrator.
Page 32 - Agreement between City of Wood bum and AFSCME
110
16.3 LIMITATIONS ON ARBITRATION:
The arbitrator shall render a written decision within a reasonable time. The
powers of the arbitrator shall be limited to interpreting this Agreement and determining if
it has been violated. The arbitrator shall have no power to alter, modify, add to, or
detract from the terms of this Agreement. The decision of the arbitrator shall be final and
binding on both parties.
No issue whatsoever shall be arbitrated or subject to arbitration unless such issue
results from an action or occurrence which takes place while this Agreement is in effect,
and no arbitration determination or award shall be made by the arbitrator which grants
any right or relief for any period of time whatsoever prior to the execution or after the
expiration date of this Agreement.
Expenses for the arbitrator's services and the proceedings shall be borne equally
by the parties. However, each party shall be completely responsible for the cost of
preparing, presenting its own case, including compensating its own representatives and
witnesses. If either party desires a record of the proceedings, it shall solely bear the cost
of such records.
It is specifically and expressly understood and agreed that taking a grievance
appeal to arbitration constitutes an election of remedies. Specifically, the Union agrees
that it shall not pursue an issue that has been the subject of a grievance to any court.
quasi-judicial body or other outside authority for a determination, and that when an issue
is presently pending before, or has been decided by a court, quasi-judicial body or other
outside authority, no grievance with respect thereto may exist.
16.4 TIME LIMITS:
Page 33 - Agreement between City of Woodburn and AFSCME
111
-
Any or all time limits specified in the grievance procedure may be waived by
mutual consent of the parties. Failure to submit the grievance in accordance with these
time limits without such waiver shall constitute abandonment of the grievance, Failure
by the City to submit a reply within the specified time will constitute a rejection of the
grievance at that Step. A grievance may be terminated at any time upon receipt of a
signed statement from the employee that the matter has been resolved. The employee
may be represented at any level of the grievance procedure by a Union representative.
ARTICLE 17 - MANAGEMENT RIGHTS
17.1 GENERAL RIGHTS:
Except as otherwise expressly and specifically limited by the terms of this
Agreement, the city retains all rights, decision-making prerogatives, functions and
authority connected with or in any way incidental to its responsibility to manage the
affairs of the City or any part of the City. The rights of the employees in the bargaining
unit and the Union hereunder are limited to those specifically set forth in this Agreement.
17.2 SPECIFIC RIGHTS:
Without limitation, but by way of illustration, the exclusive prerogatives,
functions and rights of the city shall include the following:
To determine the services to be rendered to the citizens of the City.
To determine and to follow the City's financial, budgetary, and accounting
procedures.
To direct and supervise all operations, functions, and policies of the departments
in which the employees in the bargaining unit are employed, and operations,
Page 34 - Agreement between City of Woodburn and AFSCME
112
l'
functions, and policies in the remainder of the city as they may affect employees
in the bargaining unit.
To close or liquidate any office, branch, operations or facility, or combination of
facilities or to relocate, reorganize or combine the work of divisions, offices,
branches, operation or facilities for budgetary or other reasons.
To manage and direct the work force, including but not limited to, the right to
determine the methods, processes, and manner of performing work; the right to
hire, promote, transfer and retain employees; the right to layoff; the right to
abolish positions or reorganize departments; the right to determine schedules of
work; the right to purchase, dispose of and assign equipment or supplies,
To determine the need for a reduction or an increase in the work force and the
implementation of any decision with regard thereto.
To establish, revise and implement standards for hiring, classification, promotion,
quality of work safety, materials, and equipment.
To implement new and to revise or discard, wholly or in part, old methods,
procedures, materials, equipment, facilities and standards.
To assign shifts, workdays, hours of work and work locations.
To assign and designate all work duties.
To introduce new duties within the unit.
To determine the need for and the qualifications of new employees, transfers and
promotions.
To discipline, reprimand, suspend and discharge an employee subject to the
discipline Article of this Agreement.
Page 3S - Agreement between City of Woodburn and AFSCME
113
.
To determine the need for additional educational courses, training programs, on-
the-job training and cross-training and to assign employees to such duties for such
periods to be determined by the City. .
To determine the need for overtime and the employees to work such overtime.
17.3 CONTRACTING AND SUBCONTRACTING OF WORK:
The Union recognizes that the City retains the right to contract and to subcontract
work, provided that as to the contracting or subcontracting of work that may reasonably
be expected to result in the layoff or demotion of any bargaining unit member(s), the city
will provide prior notice to the Union and afford it an opportunity to make a presentation
to the council as follows:
1. The Union shall be sent a copy of any Request for Proposal or advertisement for
bids at the time such request or advertisement is made.
After receipt of proposals or bids from potential bidders, the Union shall receive a
copy of same and a copy of all other relevant material, including City staff
analysis of the various bids or proposals, that the Council will use as the basis for
its decision.
No decision to contract or subcontract shall be made until:
a. Thirty (30) days following the receipt by the Union of all material
specified in #2 above; and
b. After the Union has had an opportunity to make a presentation to the
Council (or City Administrator if such is mutually agreeable) regarding
the proposed contracting of work.
The City agrees to give full consideration to all information and recommendations
Page 36 - Agreement between City of Woodburn and AFSCME
114
.
that may be submitted by the Union prior to making a final decision.
In consideration of the above-delineated agreement by the City to allow the Union
to be informed of and to make its position known prior to a contracting decision which
would adversely affect bargaining unit employees, parties agree that notwithstanding the
requirements ofORS 243, the City shall have no duty to bargain 1) any decision to
contract or subcontract work; and 2) the impact of any decision to contract or subcontract
work.
The City may use non-paid volunteers without following the procedural steps
outlined in items 1 through 3 above, and without a duty to bargain over the decision or
the impact of such decision. The City has not intent to modify existing practice on the
use of volunteers.
17.4 EXISTING BENEFITS AND WORK RULES:
Nothing in this Agreement is intended to nullify existing wage and fringe benefits
to employees under policies, practices and work rules unless specifically included in this
Agreement.
The City agrees to notify the Union, in writing, prior to changing or making
additions to the existing personnel policy manual. Should the Union disagree with the
proposed change(s), the City, upon request, shall meet with the Union to discuss its
concerns.
ARTICLE 18 - CITY SECURITY
During the term of this Agreement, the Union and members ofthe bargaining
unit, as individuals or as a group, will not initiate, cause, permit or participate or join in
Page 37 - Agreement between City of Woodburn and AFSCME
115
T
any strike, work stoppage or slowdown, picketing, or any other interruption of City
services. Employees in the bargaining unit, while acting in the course of their
employment, shall not honor any picket line established in the City by the Union, or by
any other labor organization when called upon to cross such picket line, Disciplinary
action, including discharge, may be taken by the City against any employee or employees
engaged in a violation of this Article. Such disciplinary action may be undertaken
selectively at the option of the City,
In the event of a strike, work stoppage, slowdown, picketing, observance of a
picket line, or other restriction of work in any form, either on the basis of individual
choice or collective employee conduct, the Union will, immediately upon notification,
publicly attempt to secure an immediate and orderly return to work. The obligations set
forth above shall not be affected or limited to the subject matter involved in the dispute
giving rise to the stoppage or by whether such subject matter is or is not subject to the
grievance procedure of this Agreement.
It is understood that employees shall not be entitled to any benefits or wages
whatsoever while they are engaged in such strike, work stoppage, or other interruption of
work.
There will not be a lockout against the employees in the bargaining unit during
the term of this Agreement.
ARTICLE 19 - SUBSTANCE ABUSE
The parties recognize that certain employees engaged in safety sensitive activities
are subject to testing pursuant to adopted city policy, and where applicable, state and
Page 38 - Agreement between City of Woodburn and AFSCME
116
~
federal law . Before any changes in such a policy, provided they constitute a mandatory
subject of bargaining, are implemented they shall be subject to negotiations with the
Union.
ARTICLE20-SAVINGSCLAUSE
The provisions of this contract are declared to be severable, and if any section,
subsection sentence, clause, or phrase of this Agreement shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Agreement, but they shall remain in
effect, it being the intent of the parties that this Agreement shall stand, notwithstanding
the invalidity.
ARTICLE 21 - LABOR/MANAGEMENT COMMITTEE
21.1 FORMATION:
The parties agree to establish a joint LaborlManagement Committee.
21.2 REPRESENTATION:
The City's representative will include the City Administrator or a representative
and up to three (3) designees. The Union representatives will include three (3) elected
representatives who are City employees with preference given to differing departments.
Either party with advance notice may invite guests whose attendance shall be germane to
the agenda.
21.3 INTENT:
The intent of the committee is to facilitate communications between parties by
providing a forum for discussion of issues not addressed by the Contract, such as staff
Page 39 - Agreement between City of Woodburn and AFSCME
117
1
morale. operation methods and procedures. attendance and other policies of the
workplace which effect the working conditions of the employees when such policies are
not mandatory subject of bargaining. The committee shall not become involved in
individual grievances nor shall the committee meetings be construed as formal
negotiations. The committee shall meet with a formal agenda. at least once each quarter
or such other time as both parties mutually agree to. The time. date and place shall be
mutually agreed upon by the parties.
21.4 CONTINUANCE:
The committee shall discontinue meetings during the quarter in which contract
negotiations have begun and remain adjourned until a contract has been signed by both
parties.
ARTICLE 22 - CERTIFICATION PAY
22.1 Employees holding specified position-related professional and specialty
certifications shall receive certificate pay ranging from 0.5 percent (.5%) to 1.5 percent
(1.5%) of base pay for each certificate held up to a cap of three (3) certificates. In the
event an employee holds more than one (1) certificate in a job series. only the highest
certification level will be compensated for under this Article provision. The City and
AFSCME will work together to develop the list of compensable certificates and their
respective values. Said list shall be completed by May 15,2000 and implemented
effective July 1. 2000.
22.2 Employees certified to sf>eak 8adler write be orally proficient in the Spanish or
Russian language shall receive an additional two and one halfpercent (22-%) of base
pay. Employees certified to be proficient both orally and in writing in the Spanish or
Page 40 - Agreement between City of Woodburn and AFSCME
118
...
Russian language shall receive an additional three and one-half percent (3.5%) of base
pay. This certification program is voluntary and it requires the employee to provide
translation services when requested in accordance with City procedures. Employees
eligible for this incentive shall be those employees receiving language incentive pay as of
September 30.2002 June 30, 2005. and those employees certified after October 1,2002
July 1,2005. Eligibility for those employees certified after October 1.2002 July 1,2005
shall be based on successful compLetion ofbetfl written and/or oral testing. Individuals
assigned to proofread work products generated by the city's Community Relations
Officer shall receive a language incentive of three and one half four percent (H 4%) of
base pay. Such assignments shall be made in writing by the City Administrator and shall
be ongoing unless a need for sllch services ceases to exist. In such case as the need for
services ceases to exist, revocation of assignment shall be made in writing by the City
Administrator, stating the reasons for the revocation. Such reasons shall be discussed
with the Union prior to implementation of such revocation..
ARTICLE 23 - EDUCATIONAL INCENTIVES.
( )H- ~ H'- he-l~lre- \lay-l--5-. .200n-; lhe-euuffilitma-l-- tfH.,-'-effitves-<b-t.!e+tfl~{~-tn. ~itt~
lh&-(..+~y"....;-Pep';HHJtet.-I-4*it-it,:'-'T-;\;I-rrA-tta-h\BI+-4tH~t:d to provide for tt1i-t-iBR
reimt)Ur~0ntt-tH If>>'-t:otlf-~. \-H}f K- dee H1€d- fry-l:he-8l:y-Atl-mmP.itfatttf-l:& Ita-ve--t\-t-fe€-t
iltltWt:al)H+I-y-Htltt--fteH-efH-ttt+'ity-:;oaL; and ohjffti\c:;. EHl-~es--s-A-a-H-he-Fe+mbllr:;ed fOf
lIlt!o half IIi-' ~he-€Iht or reglstrcHKHtlttf-nppflwet.~tOHHfse-- wHfk-lttH:B--a limtt-1B-h~pet~r~eti
j.tl--th-e--H..'\cf.;t.'t~pO ht'y-h-l k-i-Hg._j.ttK:t-tol-tstdt'fi1ti-HH- tHt-rettt--fttt-e~1-Bt: tBttPi....L \~.Hfk- a l a r~ a j till i I lr
I..~ollegc'r aHt~ llni-ver~i-ttes.--l~citHhHf..;-\.!meH-t-..;haH.Hol- iHt;I-ud-e-t!nst--H~: t-FLlvek honks-cult.
Page 41 - Agreement between City of Woodburn and AFSCME
119
1
maleRitb-, HfOlhef- atlttUaFY ",-o~t&--etnrk-)y€e!rwfl& rccei ','etui t ion reH-lthur-semcnt :;hall
~mtigat~-~itt')tllh:~-AA~.---itS--Betcrmincd hy--thc City ,\dmini~;trator. to ~;hure the
h~nd-tt d-t lh~tr ettuiOatHltt ltml--tf-rrtHtHgYv-iflt t.u-1t..-'f-(,:tty-ef~B)'ee-:-r.
TUITION REIMBURSEMENT. The City of Wood hum may reimburse an
employee for up to 50% of the amount of tuition for courses approved by the City
Administrator which are deemed directly applicable and beneficial to City goals and
obiectives. The tuition reimbursement policy will be limited by budgetary resources
within the department.
A. The City may reimburse an employee for the amount of tuition for approved
courses conducted outside the employee's regular working hours, provided the
employee has made application for approval to the City Administrator at least ten
days prior to the registration for such course.
B. Course work eligible for reimbursement must be completed at a college or
university holding statewide accreditation.
C. Job-related courses which are only offered during regular working hours may be
approved by the Department Head and the City Administrator subiect to the
operating requirements of the department. If the course is apl>foved. leave of
absences without pay. and/or vacation time. compensatory time. or other paid
leave time will be made available to the employee.
D. The City may allow time off with pay. and will reimburse an employee for the
expenses of attending classes. or workshops. when attendance is on an assignment
basis with prior approval of the employee's Department Head.
E. Reimbursement will not include the cost of travel. books. materials. or other
ancillary costs.
Page 42 - Agreement between City of Woodburn and AFSCME
120
F. Reimbursement will be limited to a maximum of six (6) units per semester.
G. Reimbursement for baccalaureate studies shall be based on the average per-unit
registration cost of course work at Portland State University. and Western Oregon
State University.
H. Reimbursement will be provided upon showing of a successful completion of
course work - Le.. a copy of report card or transcript. and a receipt. cancelled
check. or other proof that registration has been paid by the employee.
I. Employee will be reimbursed 50% of tuition cost when course work is completed
with an "An or "B" grade. Tuition will be reimbursed at only 40% for course
work completed with a "c" grade. There will be no reimbursement for courses
completed with a "0" or for failed courses.
J. Employees will be obligated. when deemed aoplicable. to share the benefit of
their education and training with other City emoloyees.
ARTICLE 24 - TERM OF AGREEMENT
24.1 This Agreement shall become and be effective retroactive to Oetaber 1, 2..QQ.f.1999 July 1,
2005 and shall replace the um:xpired portion of the Agreement previously approved
October 1, 1992 20025-8 through September 30, ~ June 30, 20051 on that date. This
Agreement shall be binding upon the City, the Union, and its members, and shall remain
in full force and effect through June September 30, ~ 2007~.
24.2 This Agreement may be amended at any time by mutual agreement of the Union and the
City, such amendments shall be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto set their hands this
day of
Page 43 - Agreement between City of Woodburn and AFSCME
121
T
. 2005W
FOR THE UNION
FOR THE CITY
Tim Pfall Eileen O~Connell
Council 75 Representative
Kathryn Figley
Mayor
Bargaining Team Member
John C. Brown
City Administrator
Bargaining Team Member
Bargaining Team Member
Page 44 - Agreement between City of Woodburn and AFSCME
122
1
APPENDIX A
The bargaining unit includes all employees in the following classifications, subject to the
provisions of the Recognition Article:
Clerk I
Library Page
Meter Reader
Custodian
Clerk II
Utility. Worker I
Bus Driver
Municipal Court Clerk
Records Clerk
Clerk III
Library Assistant
Accounting Clerk II
Water Technician I
Utility Worker II
Accounting Clerk III
Permit Technician
Library Assistant/Security Monitor
Transportation Coordinator
Seefetary (DepanmeBt Heae!) Administrative Assistant
Information Systems Technician
Engineering Technician I
Municipal Court Coordinator
Wastewater Operator I
Water Operator I
Evidence Technician
Utility Worker III
Engineering Technician II
CAD/GIS Technician
Mechanic
Code Enforcement Officer
Water Technician II
Library Program Coordinator/Security Monitor
Building Inspector/Plans Examiner II
Wastewater Operator II
Water Operator II
Sewer Line Maintenance Technician
Librarian
Wastewater Lab Technician
Wastewater Operator III
Foreman
Building Inspector / Plans Examiner III
Wastewater Treatment Plant Maintenance Technician
Associate Planner
Page 45 - Agreement between City of Woodburn and AFSCME
123
..
Industrial Waste Coordinator
Engineering Technician III
Construction Inspector/Engineering Technician
APPENDIX B
SALARY SCHEDULE
EFFECTIVE JULY I, 200S189fI
RANGE STEP A STEP B STEP C STEP D STEP E
1 1,986~ 2,085 2,190 2,299 _2,4142,070
2 2,015 2,116 2,221 2,332 2,449
Clerk I
3 2,048 2,150 2,258 2,371 2,489
Library Page
4 2,086 2,190 2,300 2,415 2,535
5 2,126 2,232 2,344 2,461 2,584
6 2,170 2,279 2,393 2,512 2,638
7 1,904 2,220 2,332 2,448 2,570
2,699
Meter Reader
8 -l-,%-l- 2,274 2,388 2,507 2,632 2,764
Custodian
Bus Driver
9 ~2,337 2,453 2,576 2,705 2,840
Clerk II
10 2,063 2,406 2,526 2,652 2,785
2,924
Municipal Court Clerk
Records Clerk
11 ~2,482 2,606 2,736 2,873 3,016
Clerk III
Library Assistant
Accounting Clerk II
Utility Worker I
Page 46 - Agreement between City of Woodburn and AFSCME
124
..-
12
~2,566 2,694
Utility Worker II
Accounting Clerk III
Water Technician I
Permit Technician
2,970
2,829
RANGE
13
STEP A STEP B STEP C
2,659 2,792 2,932
Transportation Coordinator
Library AssistantJSecurity Monitor
8eeretary (Depart.eat Head) Administrative Assistant
Information Systems Technician
Engineering Technician I
Municipal Court Coordinator
STEP D
3,079
14
~2,762
2,900
3,045
3,198
3,358
Wastewater Operator I
Utility Worker III
Evidence Technician
Water Operator I
15
2,876 3,020 3,171 3,330
Engineering Technician II
CAD/GIS Technician
Mechanic
Code Enforcement Officer
Libra" Proe:ram Coordinator/Securitv Monitor
16
3,005 3,155 3,313
Wastewater Operator II
Water Operator II
Sewer Line Maintenance Technician
Librarian
Water Technician II
Building Inspector/Plans Examiner II
3,478
17
3,146 3,303 3,468
Wastewater Lab Technician
Wastewater Operator III
3,642
18
~3,304 3,469 3,643
Foreman
Building Inspector/Plans Examiner III
3,825
Page 47 - Agreement between City of Woodburn and AFSCME
125
..
3,119
STEP E
3,233
3,496
3,652
3,824
4,016
STEP A
STEP B
STEP C
STEP D
STEP E
RANGE
19
3,478 3,652 3,834 4,026 4,227~
Wastewater Treatment Plant Maintenance Technician
Water Plant Maintenance Technician
Associate Planner
Industrial Waste Coordinator
20
M493,673 3,857 4,050 4,252 4,465
Engineering Technician III
Construction InspectorlEngineering Technician
Page 48 - Agreement between City of Woodburn and AFSCME
126
...
APPENDIX B
8~\LARY SCHEDULE
EFFECTIVE OCTOBER 1, 19992001
RANGE STEP A STEP B STEP C STEP D STEP E
1 1.86M;+W i-;-78&1959 2.057+;8++
2160+;9-1+
2268
~
2 ~1893 1,8151988 1,9052088
~2192
~2302
Clerk I
3 +,:7M1924 1,8142021 1,9372122
~2228
~2339
Library Page
4 ~1960 1,8772058 1,971 2160
2268~
~2382
5 1997~_ 1,9142097 2,0092201
~2312
Page 49 - Agreement between City of Woodburn and AFSCME
127
....
6
+;&6+2039
2,0522.248
-_ 1,9512.141
7
1,904
2.087 1,999 2,191 _~2.30 1
Meter Reader
8
+;%+2.137
2,0192.244
Custodian
Bus Driver
9
~2.196
2,1012.306
Clerk II
10
2.0632,261
2.1662.374
Page 50 - Agreement between City of Woodburn and AFSCME
128
y
~2428
~2.361
~2.479
~2.416
~2.537
2,1512.356
~2.474
~2.598
2,2092.421
~2.542
~2.669
2,2742.493
~2.618
~2.749
Municipal Court Clerk
Records Clerk
11
~2.331
2,2342.448
Clerk III
Library Assistant
Accounting Clerk II
Utility Worker I
12
~2.411
2,3102.532
Utlllty Worker II
Accounting Clerk m
Water Technician I
Permit Technician
2,3162.570
2,1252.659
STEP C STEP D
2.39'12.624
RANGE
13
STEP A STEP B
~2.499
Transportation Coordinator
Library Assistant/Security Monitor
Secretary (Department Head)
Information Systems Technician
Engineering Technician I
Municioal Court Coordinator
14
~2,595
2,1872,725
Page 51 - Agreement between City of Woodburn and AFSCME
129
...
~2.699
~2.834
~2.792
~2.932
STEP E
2,5132.755
2-;Q92.893
~ 3.038
2,6112,861
Wastewater Operator I
Utility Worker III
Evidence Technician
15
~2,703
2,5902.838
Engineering Technician II
CAD/GIS Technician
Mechanic
Code Enforcement Officer
16
~2.823
2,7052.964
Wastewater Operator II
Sewer Line Maintenance Technician
Librarian
Water Technician II
Buildin2 Inspector/Plans Examiner II
17
2-;69&2.956
2,8333.104
Page 52 - Agreement between City of W oodbum and AFSCME
130
2,975
~ 3,004
~3.154
2,7202,980
~3.129
~3.285
2,8113.112
~3.268
~3.431
3.259
~3.422
1
Wastewater Lab Technician
Wastewater Operator III
~3.593
18
~3,104
2,9743.259
3,1233.422
Foreman
19
3.267
~3.430
3,1323,602
Wastewater Treatment Plant Maintenance Technician
Associate Planner
Industrial Waste Coordinator
20
~3.451
3,3063.624
Engineering Technician III
Construction InspectorlEngineering Technician
Page 53 - Agreement between City of Woodburn and AFSCME
131
~ --
~3.593
~3,773
~3.782
~3.971
~
3,1713.805
~3.995
3,8271.195
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING
AGREEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES (AFSCME) LOCAL 641 EFFECTIVE JULY 1,1005
THROUGH JUNE 30, 1007.
WHEREAS, the purpose of said labor negotiations is to reach an agreement on
matters relating to wages, hours, working conditions, and fringe benefits for certain represented
employees, and
WHEREAS, the City and AFSCME have bargained in good faith and
understanding of the personnel, financial, and organizational impacts related to said agreement,
now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Administrator are authorized to execute and
administer on behalf of the City of Wood bum, the "Collective Bargaining Agreement" with
AFSCME Local 642 once the agreement is in an approved final form based on the tentative
agreements between the two parties.
Approved as to form:
City Attorney
Date
APPROVED
KATHRYN FIGLEY, 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.
132
ill
~-\I'
.. VY:
r"~'- ..'r:r !..-~
WQ.Q.Q.~uRN
J,,(o'J'~'r"'tt,f II'S"
liB
~~
.
.
November 14, 2005
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Salary and Benefit Adjustments for Non-Union Employees
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution Establishing
Employee Compensation Including Salary and Benefits, for management/non-
union general service employees for the year 2005-06, effective October 1, 2005.
BACKGROUND:
The City Council has traditionally granted the same cost of living adjustment
(COLA) to non-represented employees as is negotiated with AFSCME-
represented employees.
DISCUSSION:
The agreement with AFSCME included for your approval on your agenda for
November 14, 2005 provides COLAs based on the Consumer Price Index (U) for
the Western States region, effective July 1, 2005 and 2006. The COLA for 2005 is
based on the change in the CPI from May 2004 to May 2005, the period
dictated by the AFSCME contract, and is 2.8 percent. Salary increases for
AFSCME members for the past several years were effective in October.
Although their increase occurs only nine months after the last salary adjustment,
it was specifically negotiated with a July 1, 2005 in light of other bargaining
issues. Based on past practice and to avoid salary compaction between the
classifications, it is recommended your Council approve the 2.8 percent COLA
for management and non-represented employees. It is recommended,
however, that October be maintained as the month of implementation.
Agenda Item Review: City Administrator._
133
City Attorney _
Finane -
T
Honorable Mayor and City Council
November 14. 2005
Page 2
.
.
This results in a 2.8 percent cost of living adjustment for management and full-
time. regular part-time and temporary non-union employees, effective October
1, 2005; and continuation of all other current benefits with adjustments for
premium increases.
Schedules detailing the effect of increases on each affected wage
classification are included as exhibits to the enabling resolution.
FINANCIAL IMPACT:
The total cost, all funds, of the recommended COLA for the fiscal year 2005-06 is
estimated at $40.116.00. The General Fund cost is estimated at $22,927.00. The
majority of funding to support these costs was appropriated in the current year's
budget.
134
'T ....
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND
BENEFITS.
WHEREAS, the City Council has reviewed the pay plan and benefit compensation
recommendation of the City Administrator as required by Rule 8 of the City's Personnel Policy and
Procedure Manual; and
WHEREAS, the City Council is obligated per Section 11 of the Woodburn City Charter to
establish compensation for each City officer and employee; now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The salary range schedule for all management/non-union general service
employees shall be increased by a Cost of Living Adjustment (COLA) of2.8%. A copy of the schedule
incorporating said provisions is attached as "Exhibit A" and is hereby adopted retroactive to October 1,
2005 for currently active employees.
Section 2. The hourly rate schedule for part-time and limited term/temporary employees is
attached hereto as "Exhibit B" and is hereby adopted retroactive to October 1, 2005 for currently active
employees.
Section 3. Compensation benefits including, but not limited to, health insurance (premium
levels same as AFSCME contract provisions), long term disability, life insurance, retirement, deferred
compensation, leave allowances, step advancements, and incentive adjustments are hereby maintained at
current service levels adjusted for premium increases, or decreases in accordance with agreed upon
distributions as contained within the fiscal appropriations of the City of Woodburn.
Approved as to form:
City Attorney
Date
APPROVED
KATHRYN FIGLEY, 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.
135
..
NON-UNION GENERAL SERVICE EMPLOYEES EXHIBIT A"
EFFECTIVE: OCTOBER 1, 2005
GRADE STEP A STEP B STEP C STEP D STEP E
01 Admn Assistant 2,831 2,973 3,121 3,277 3,359
Teen Scene Program Mgr
02 2,973 3,122 3,277 3.441 3,527
03 Ass!. Aquatic Mgr 3122 3,277 3,441 3,613 3,703
Executive/Legal Assistant
Rec. Coord. I
04 Rec. Coord. II 3277 3,441 3,613 3,794 3,888
RSVP Program Coord
Information Systems Specialist
05 3,441 3,613 3,794 3,984 4,083
06 Records Supervisor 3,613 3,794 3,984 4,183 4,288
Recreation Services Mgr (Suprv)
Water System Supervisor
Street & Sewer Line Maint Suprv
07 Mgmt Analyst II 3,794 3,984 4,183 4,392 4,502
Comm. Relations Officer
08 Asst. WWTP Supt 3,984 4,183 4,392 4,612 4,727
Water Superintendent
Street I Maintenance Supt.
Senior Planner
Ass!. Library Director
09 Senior Engineering Tech. 4,183 4,392 4,612 4,843 4,964
10 4,392 4,612 4,843 5,085 5,212
11 WWTP Superintendent 4,612 4,843 5,085 5,339 5.473
12 4,843 5,085 5,339 5,606 5,746
13 Public Works Mgr. 5,085 5,339 5,606 5,887 6,034
Project Engineer
14 Finance Director 5,339 5,606 5,887 6,181 6,336
Asst. City Engineer
. FlAT RATE:
Library Director 6,015
Public Works Director 9,147
City Attorney 8,397
City Administrator 9,643
Parks & Recreation Director 6,066
City Recorder 5,861
Building Official 6,271
Facilities & Aquatics Manager 4,184
Information Services Manager 5,000
Asst. City Attorney $31.98 per hour
. Rates rounded to the nearest whole number
136
Exhibit "B"
HOURLY RATES FOR PART-TIME AND LIMITED TERM I TEMPORARY EMPLOYEES
EFFECTIVE OCTOBER 1,2005
RANGE STEP A STEP B STEP C STEP D STEP E
PT - 1.0 LIBRARY PAGE 7.25 7.61 7.99 8.39 8-81
CLERICAL AIDE
PARK MAl NT. AIDE
PT - 4_0 PARK MAl NT. WORKER 8.02 8.42 8.84 9_28 9.75
PT - 7.0 CLERK I 9.71 10.20 10.71 11.25 11.81
PT - 7.5 CUSTODIAN 9.95 10.45 10.97 11.52 12.10
PT - 8.0 LIBRARY ASSIST ANT 10.20 10.71 11_25 11.81 12.40
PT - 8.5 CLERK II 10.45 10.97 11.52 12.10 12.71
PT - 9.0 MUNI COURT CLERK 10.71 11.25 11.81 12.40 13.02
PT - 9.5 MUNI COURT CLERK (w/Lang) 10.97 11.52 12.10 12.71 13.35
PT - 10.0 RSVP ASSISTANT 11.25 11.81 12.40 13.02 13.67
PT - 10.5 CLERK III 11.52 12.10 12.71 13.35 14.02
PT - 11.0 BUS DRIVER 11.81 12.40 13.02 13.67 14_35
PT - 11.5 12.10 12.71 13.35 14.02 14.72
PT - 12.0 ADMN SECRETARY 12.40 13.02 13.67 14.35 15.07
PT-12.5 12.71 13.35 14.02 14.72 15.46
PT - 13.0 EVIDENCE TECH. 13.02 13.67 14.35 15.07 15.82
WWTP LAB HELPER
PT -13.5 LIBRARIAN 13.35 14.02 14.72 15.46 16.23
PLANNING TECH.
PT - 14.0 UTILITY WKR I 13.67 14.35 15.07 15.82 16.61
PERMIT SPECIALIST
PT - 14.5 14.02 14.72 15.46 16.23 17.04
PT - 15.0 ENG TECH II 14_35 15.07 15.82 16.61 17.44
DRAFTSMAN
CAD I GIS TECHNICIAN
PT-15.5 WWTP OPERA TOR I 14.72 15.46 16.23 17.04 17.89
CODE ENFRC OFFICER
137
...
~4
WQQ.DBURN
I" c" r " I"" I (.1 , l' S.,
llC
~~
.
.
November 14, 2005
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Woodburn Police Association Contract
RECOMMENDATION:
It is recommended the City Council approve the attached resolution authorizing
a bargaining agreement with the Woodburn Police Association, effective
through June 30, 2008.
BACKGROUND:
The bargained agreement between the City and the Woodburn Police
Association (WPA) approved in October 2003 expired June 30, 2005. The City,
represented by the labor relations firm of Williams, Zographos and Peck and City
staff has, since April 20005 and pursuant to your guidance, negotiated a
successor agreement with the WP A.
DISCUSSION:
Attached is the contract, upon which tentative agreement was reached with
the WP A. The agreement is for a three-year period ending June 30, 2008;
changes certain working conditions; establishes a 9515 cost sharing relationship
for health benefits pending changes in City-wide health benefit coverage;
provides incentive pay to Detectives, and increases employee salaries by a 10
percent over the life of the agreement. Salary provisions are retroactive to July
1, 2005. Significant changes are summarized below.
. Article 8 - Clarifies the purpose and scope of employee seniority.
. Article 9 - Clarifies the information required of an employee seeking
approval for outside employment, the criteria used in evaluating and
approving or disapproving such a request, and activities in which an
employee may engage that are considered law enforcement-related.
Agenda Item Review: City Administrat '
City Attorney _
Finane
138
-
Honorable Mayor and City Council
November 14, 2005
Page 2
.
.
· Article 11 - Allows for the review and implementation by MOU of any 12
hour work schedule that department deems would best serve the citizens,
provides for liOn-Cali" detective status to assure availability when
needed, and provides compensation for off-duty time spent on canine
care as required under federal law.
· Article 16 - Limits light duty assignments to only those injuries resulting from
on the job injuries (where workers comp time loss is an issue for the City),
except at the discretion of the department.
· Article 17 - Increases employee salaries by a total of ten (10) percent over
the life of the agreement. Salaries will be increased by four (4) percent in
2005-06, retroactive to July 1, 2005. One quarter of the 2005-06 increase is
provided in exchange for the Association assuming a five percent share
of health benefit premiums. Salary increases of three (3) percent will
occur on July 1, 2006 and July 1, 2007. Also reinstates provisions for
certification pay for employees holding intermediate and advanced
certificates, and eliminates separate job classes of Officer I, II, and III.
· Article 18 - Establishes premium pay for Detectives of five (5) percent of
monthly base pay
· Article 19 - Expense reimbursements will be based on approved claims,
pursuant to the Personnel Policies and Procedures Manual. Claims shall
be paid:
A) monthly, if a claim exceeds $20;
B) bi-monthly if monthly claims are less than $20, but total $20 or more
when combined; or
C) quarterly, regardless of the amount of the claim.
· Article 22 - Establishes a 9515 cost sharing arrangement between the City
and Employees pending changes to City-wide health benefits coverage,
and provides for a re-opener on health insurance following health
committee evaluation. Also increases long-term disability coverage to
sixty percent (60%) of the individual employee I s base monthly salary and
increases life insurance coverage to 1 x (times) the employee's annual
salary.
· Article 25 - Revises disciplinary actions and procedures to reflect current
department practices, which are based upon current case law and
specify a procedure, included as Appendix B, for officer-involved
shootings, which has been approved by the District Attorney's Office.
139
..
Honorable Mayor and City Council
November 14, 2005
Page 3
.
.
· Article 26 - New Article that provides for parties to meet and discuss
possible alternatives to layoff or service reductions in time of funding
shortfall.
· Article 27 - Expands and clarifies substance abuse policies and
procedures bringing them into compliance with current case law.
· Article 28 - Adds one more intermediate step in grievance procedure to
try and reach resolution prior to arbitration.
Appendices reflect:
B - Schedule A, adjusted for a five (5) percent increase.
As the attached agreement represents the tentative agreements reached in
good faith bargaining with the WP A, your approval of the agreement is
respectfully recommended.
FINANCIAL IMPACT:
The estimated cost of the bargained adjustments, including increases of $996.00
for long-term disability, $1,101.00 for life insurance, $5,412.00 for incentive pay for
Detectives, and $50,786.00 for salary and associated percent-driven benefits is
$58,295.00 for 2005-06. These costs will be borne by the General Fund. Monies
to support the cost of this increase will be budgeted at mid-year.
140
..
CITY OF WOODBURN
And
WOODBURN POLICE ASSOCIATION
TENTATIVE AGREEMENT
141
1
TABLE OF CONTENTS
ARTICLE
PAGE
PREAMBLE
1 RECOGNITION ................................................................................................................. 2
2 ASSOCIATION SECURITY ...........................,.................................................................2
3 NON-DISCRIMINATION .. ..... .... ...... ........... ........... ......... ..... ... ..... .... ........ ........................ 3
4 MANAGEMENT RIGHTS ......... ....... .... .... ..... ............ ......... ........ .......... ........ .................... 4
5 STRIKES AND LOCKOUTS..... ........... ....... ..... ............... .............. ...... .... ......... ...... .......... 4
6 ASSOCIATION BUSINESS .... .... ........... ...... ..... ........... .... ...... ...... ..... ..................... ........... 4
7 PERSONNEL MANUAL/CONTRACT .... ........ ......... ...... ..... ....... ......... ...... ,......................5
8 SENIORITY .....................................................................,................................................. 5
9 OUTSIDE EMPLOYMENT..................................................................................... .......... 8
10 WORK OUT OF CLASSIFICATION................................................................................8
11 HOURS OF WORK......... .................. ................ ......,.................... ................,........ ............. 9
12 OVERTIME...................................................................................................................... 13
13 TIME OFF IN LIEU OF HOLIDA YS.............................................................................. 15
14 VACATIONS ................................................................................................... ................ 16
15 SICK LEAVE.............,..................................................................................................... 18
16 OTHER LEAVES AND LIGHT-DUTY ASSIGNMENTS............................................. 20
17 SALARIES ....................................................................................................................... 23
18 PREMIUM PAy.... .......... .................. ................................ ..... ...... ......................... ........... 24
19 EXPENSES ....................................................................................................................... 24
20 CLOTHING AND UNIFORM ......................................................................................... 25
21 MANDATORY TRAINING ........... .... ............ ................ ................................... ..... ......... 25
22 HEALTH INSURANCE AND OTHER BENEFITS ....................................................... 26
23 PERSONNEL FILE.......................................................................................................... .27
24 PROBATIONARY PERIODS.... ...... .... ....... ...... ..... ................ .... ......... ...... ............ ........... 28
25 DISCIPLINARY ACTIONS AND PROCEDURES........................................................ 28
26 FUNDING........... .............................................................................................................. 31
27 SUBSTANCE ABUSE POLICY ...................................................................................... 31
28 GRIEVANCE PROCEDURE............ ........... ... ............. ".................................................. 37
29 SAVINGS CLAUSE ............................. ..................... .... ..... ......... ............................. ....... 39
30 TERM OF AGREEMENT.................... ................. ..... .....,... ......... ..............................,..... 39
APPENDIX A - WAGES .......... ......................................... ..... ............... ......................... 40
APPENDIX B - OFFICER INVOLVED SHOOTING PROCEDURE ..........................41
142
City of W oodburnlWP A
Tentative Agreement
PREAMBLE
This Agreement is agreed to between the City of Wood hum, Oregon, hereinafter called the City,
and the Woodburn Police Association, hereinafter called the Association. This Agreement is
entered into for the purpose of fixing the wage scale, schedule of hours, and conditions of
employment affecting members of the bargaining unit.
The purpose of this Agreement is to set forth the full agreement between the parties on matters
relating to employment relations.
2
143
1
City of W oodburnJWP A
Tentative Agreement
ARTICLE 1- RECOGNITION
The City recognizes the Association as the sole collective bargaining agent for all regular and
probationary employees employed in job classifications covered by this Agreement as listed in
Appendix A.
The parties further agree that the classifications of Sergeant, Captain, Deputy Chief, Chief and
Administrative Secretary are specifically excluded from the bargaining unit.
The accrual of all paid time off benefits and benefits (Articles 13, 14, 15 and 22) is predicated
upon a regularly scheduled, forty (40) hour workweek. Employees who work less than forty (40)
hours per week shall have all such benefits prorated based upon the relationship their regularly
scheduled work hour's bear to forty (40) hours, except that employees who regularly work less
than twenty (20) hours/per week shall not be eligible for benefits (Articles 13, 14, 15 and 22).
ARTICLE 2 - ASSOCIATION SECURITY
A. Association Dues: The City agrees to deduct once each month from the pay of
employees covered by this Agreement as applicable:
1. The Association membership dues and assessments of those Association members
who individually request such deductions in writing.
2. In lieu of paragraph 1 of this Article, a monthly service fee equal to the cost, to
the extent permitted by law, of negotiations and contract administration as
certified in writing by the Association to the City, not, however, to exceed the
uniformly required dues of members, from any employee who is a member of the
bargaining unit and who has not joined the Association within thirty (30) days of
this Agreement, or within thirty (30) days of becoming an employee, whichever is
later.
3. The Association expressly agrees that it will safeguard the rights of non-
Association employees, based upon bona fide religious tenets or teachings of a
church or religious body of which such employee is a member or other sincerely
held religious beliefs, in accordance with applicable law. As to any such
employee, such sums paid by such employee shall be equivalent to regular
Association dues and shall be paid to a non-religious charity mutually agreed
upon by the employee making such payment and the Association, or in lieu
thereof the employee shall request that such in-lieu-of-dues payment be not
deducted and shall make such payment to a charity as heretofore stated and shall
3
144
T
City ofWoodburn/WPA
Tentative Agreement
furnish written proof to the Association and the City, when requested, that this has
been done.
4. The amounts to be deducted shall be certified to the City by the Treasurer of the
Association, and the aggregate deductions of all employees shall be remitted,
together with an itemized statement, to the Treasurer of the Association by the
lOth day of the succeeding month after such deductions are made. Such itemized
statement shall also include annotation as to any new hires or terminations.
Notification of new hires shall take place at the time the first dues payment is to
be paid and shall include the employee's name, Social Security number, mailing
address, and job title.
5. Provided the City acts in compliance with the provisions of this Article, the
Association will indemnify, defend, and hold the City harmless against any claims
made and against any suit instituted against the City as a result of the City's
enforcement of the above provisions or as a result of any check-off errors.
B. Bulletin Boards and Use of City Facilities: The City agrees to furnish and maintain a
bulletin board within the Police Department to be used by the Association for the posting of
notices and bulletins related to the Association. The City also agrees to permit the Association to
utilize available City facilities for meetings with employees conducted in accordance with
established City rules applicable to other groups within the community. All requests for use of
meeting rooms within the Police Department must be approved by the Chief of Police or his
designee.
C. Association Activities: Except as otherwise provided in the Agreement, during their
working hours, Association members shall not engage in solicitation for membership in the
Association, the collection of fees or dues for the Association, or carry on other business
activities of the Association, provided that this provision shall not prohibit conversations
concerning Association matters which do not interfere with the work and duties of any City
employee.
D. Pavroll Deductions: All other previously established payroll deductions shall continue to
be offered so long as the present level of employee participation does not decrease,
ARTICLE 3 - NON-DISCRIMINATION
The provisions of this Agreement shall be applied equally to all employees in the bargaining unit
without discrimination as to age, marital status, race, color, sex, creed, religion, national origin,
political affiliation or other protected status or activities, in accordance with applicable law. In
light of state and federal discrimination remedies, the provisions of this Article 3 shall not be
subject to arbitration under the grievance procedure or serve as the basis for any other claim of a
violation of this Agreement.
4
145
I
City ofWoodbum/WPA
Tentative Agreement
ARTICLE 4 - MANAGEMENT RIGHTS
The City shall retain the exclusive right to exercise the customary rights and functions of
management, including, but not limited to, directing the activities of the Department,
determining the levels of service and methods of operations, including subcontracting and the
introduction of new equipment; the right to hire, layoff, transfer, and promote; to discipline or
discharge probationary employees without limitation and non-probationary employees for just
cause; to determine work schedules and assign work, and any other such right (and function) not
specifically referred to in this Agreement. Management rights, except where abridged by
specific provisions of this Agreement, are not subject to the grievance procedure.
It is further understood and agreed that if the City does not exercise a management right reserved
to it or if the City exercises a management right reserved to it a particular way, such conduct
shall not be deemed a waiver of its right to begin exercising such a right in the future or to
exercise such a right differently in the future. However, nothing in this paragraph shall be
considered to be a waiver by the Association of bargaining rights afforded under the Public
Employees Collective Bargaining Act (PECBA).
ARTICLE 5 - STRIKES AND LOCKOUTS
In as much as there are other means, both by law and through this Agreement for the resolution
of disagreements that may from time to time arise, the parties agree as follows:
A. Lockout: During the term of this Agreement, the City shall not, as a result of a dispute
with the Association, deny employment to any employee covered by the terms of this
Agreement.
B. Strike: During the term of this Agreement, the Association or its members will not
participate in any strike, slowdown, or other concerted activity, to include the observance of the
picket line of another labor organization. In the event of a violation of the above by the
Association or members of the bargaining unit, the City may discipline, including discharge, any
employee involved in such prohibited activity on a uniform or selective basis.
ARTICLE 6 - ASSOCIATION BUSINESS
A. Association Representatives: The Association agrees to notify the City in writing of all
members selected to serve as official representatives. Employees designated as Association
representatives shall be allowed time off with regular pay for the purpose of representing
employees in disciplinary interviews and attending grievance procedure meetings, when such
meetings occur during the employee's scheduled work hours. In addition, a maximum of two (2)
5
146
T
City ofWoodburn/WPA
Tentative Agreement
representatives of the Association will be allowed time off with regular pay to attend negotiation
and mediation sessions that occur during their scheduled work hours.
B. Soecial Conferences: Special conferences for important matters may be arranged between
the Association and the City upon mutual agreement of the parties. Such meetings shall be
arranged in advance, and an agenda of matters to be discussed at the meeting shall be presented
at the time the agreement to confer is made. Two (2) official Association members shall be
permitted to attend such conferences without loss of pay to the extent such meetings are
scheduled during on-duty hours of the members so attending.
ARTICLE 7 - PERSONNEL MANUAL/CONTRACT
The City agrees to furnish each employee of the bargaining unit with either a written or
electronic copy of the City Personnel Manual, Department Rules and Regulations and a copy of
this contract. The cost of printing and assembling copies of this contract will be borne by the
Association. New employees shall be provided with the above at the time of their appointment.
All updates, additions, and/or modifications to the above shall also be supplied on a timely basis.
In the event of any conflict between the City Personnel Manual, Department Rules and
Regulations and the contract, the contract governs.
ARTICLE 8 - SENIORITY
A. Definition of Seniority: Seniority shall be defined as the length of an employee's
unbroken employment in the bargaining unit. Probationary employees shall not be considered to
have seniority, but shall be credited with seniority to their first day of employment in the
bargaining unit immediately upon completion of probation.
B. Breaks in Seniority: Except as stated in Section C, below, employees will continue to
accrue seniority unless and until their seniority is broken. Seniority will be broken and the
employment relationship will be severed if any of the following events occur:
1. Voluntary resignation or retirement;
2. Discharge of a regular employee for just cause or a probationary employee "at
will; "
3. Layoff or continuous absence from work due to off-the-job injury/illness for more
than twenty-four (24) month's duration;
4. Failure to notify the Chief of Police or his designee of intent to return to work
pursuant to a recall notice sent by certified mail, return receipt requested, to the
last address provided to the City through personnel records within seven (7)
6
147
~
City ofWoodbumJWPA
Tentative Agreement
calendar days of receipt of such notification or ten (10) days of mailing,
whichever occurs later;
5. Failure to report for work immediately upon expiration of an authorized leave of
absence or, in the case of an absence due to off or on-the-job injury/ illness,
failure to report for available work within seven (7) days of receipt of notice of a
limited or full medical release to return to work;
6. Absence from work due to an on-the-job injury/illness in accordance with ORS
Chapter 659 - Workers' Compensation and Return to Work; or
7. Job abandonment.
Employees who are serving in the military will continue to receive seniority and reinstatement
according to applicable law.
C. Adiustments in Seniority Dates
Employee seniority dates will be adjusted in the following circumstances:
1. Promotions to Positions outside the Bargaining Unit
Employees who are promoted to positions within the Police Department that are
excluded from the bargaining unit, but are returned to bargaining unit positions by
the City within twelve (12) months of promotion will return with the seniority
they had accrued at the time of their promotion restored. The time an employee
spends in a position outside the bargaining unit will not however, be applied
toward the seniority of any such employee. Instead, their seniority date will be
adjusted by an amount of time equal to the time the employee served in the non-
bargaining unit position.
2. Leaves of Absence
Employees who are absent from work on a leave of absence will continue to
accrue seniority, provided they are drawing pay (e.g. vacation, holiday or sick
leave) and for up to thirty (30) days following depletion of their paid leave banks.
Thereafter, seniority will no longer accrue. This provision will not be applied to
employees who are designated as being on FMLA, OFLA, military or jury duty
leave.
D. Application of Seniority
Seniority shall apply to the following employment decisions:
7
148
~
City ofWoodburnJWPA
Tentative Agreement
I. Layoff: In the event of a layoff for any reason, bargaining unit employees shall
be laid off as follows: First, probationary employees shall be laid off. If there are
no probationary employees and/or the layoff of regular employees becomes
necessary, such layoffs shall be in the order of lowest seniority first as defined in
A and C above.
2. Recall: Regular employees shall be called back from layoff in inverse order of
layoff. Recall notices shall specify a minimum of ten (10) days from the date of
mailing for the employee to return to work. The City may, however, specify a
later reporting date.
Employees who wish to waive re-employment rights may do so by written
notification to the City.
3. Shift Scheduling: Employees are entitled to use their seniority to bid for shift
preferences in accordance with Article II, Section F.
4. Vacation Preferences: Employees are entitled to use their seniority to bid for
vacation time off in accordance with Article 14, Section B.
E. General Provisions
I. Seniority Lists: The City shall provide the Association with a seniority list upon
request.
2. Reinstatement of Seniority: If an employee is discharged, grieves the discharge
at arbitration or civil court, prevails and is reinstated, helshe shall receive
seniority credit for the period from discharge to reinstatement. Also, employees
returning from layoff or leave of absence which does not result in a break in
seniority as set forth in Section B, above shall have all previously accrued
seniority reinstated and/or adjusted in accordance with Sections Band C, above.
3. Restoration and Accrual of Benefits: Employees returning from layoff or leave
of absence that does not result in a break in seniority as set forth in Section B,
above shall have all previously accrued unused sick leave, holiday and vacation
benefits restored, but shall not accrue benefits for the period of the layoff or leave
of absence, except for continuation of health insurance premiums as required by
applicable law. In the event an employee suffers a break in seniority before
drawing all accrued sick leave, holiday and vacation benefits, any unused holiday
and vacation benefits will be paid to the employee at the time hislher seniority is
broken and employment is severed, consistent with applicable law.
8
149
-
City ofWoodburnlWPA
Tentative Agreement
ARTICLE 9 - OUTSIDE EMPLOYMENT
A. Activities that are not Related to Law Enforcement: Employees wishing to engage in
off-duty employment with another employer must obtain approval from the City by submission
of a request in writing for such approval. Likewise, employees wishing to make a material
change in the nature or hours of outside employment currently approved by the City must obtain
approval by submission of a written request for such approval. Such written requests shall
specify the name of the prospective employer, the job title of the position, a description of the
nature of the work to be performed. Upon receipt of such request, the City shall have the right to
contact the prospective employer to independently determine the nature of the employment being
considered. The City shall normally approve or deny a request for outside employment within
seven (7) business days of its receipt.
The City shall not deny a request for approval of outside employment unless there is a conflict of
interest or the nature or hours of work required for such employment would interfere with the
ability of the employee to perform required duties, including duties required to be performed
outside the employee's regular working hours. For purposes of this Article, a conflict of interest
shall include any circumstance where the employee's or overall department effectiveness would
or might be impaired as a result of the public's knowledge of the nature of the outside
employment or where such employment presents legal or other conflicts of interest which could
or might interfere with the employee's effectiveness as a law enforcement officer. When
permission to engage in outside employment is granted, it shall not be construed to in any
manner compromise the employee's obligation to the City to be available for overtime, call-out,
and shift change on the same basis as other employees who work in the same classification. In
addition, the employee shall schedule the outside employment in such a manner so as to have at
least eight (8) hours off for rest prior to the start of each regularly scheduled City shift.
B. Activities that are Law Enforcement Related: The City may from time to time agree to
provide law-enforcement-related services to other public agencies, local merchants, or other
organizations. When employees are detailed to such activities, the employee shall continue to be
subject to the direction and control of the Chief of Police and shall receive all benefits and rights
afforded by this Agreement. However, service in law enforcement training activities, e.g. service
as a DPSST instructor, shall be governed by the provisions of Section A, above, and not by the
provisions of this section,
ARTICLE 10 - WORK OUT OF CLASSIFICATION
When in the City's sole discretion an employee is temporarily appointed to a higher
classification, he/she shall receive a five percent (5%) pay increase for all time spent in such
assignment. All such appointments shall be by written notification to the employee.
9
150
T
City ofWoodburnJWPA
Tentative Agreement
The City shall establish an Officer in Charge (OIC) program. Said program shall include clearly
established criteria for eligibility for the program and attendant training requirements. Criteria
shall also specify when and how an officer shall be designated ole and his or her duties in that
assignment. Employees designated OIC shall receive a five percent (5%) pay increase for all
time worked in such assignment, provided that they serve in that assignment for a minimum of
three (3) consecutive hours. Employees that serve in such an assignment for less than three (3)
consecutive hours shall be entitled to no increase in compensation. Although it is the City's
desire to assign a supervisor or OIC to each shift, the parties understand that such assignments
are not required.
ARTICLE 11 - HOURS OF WORK
A. Workday: A day is defined as a twenty-four-hour (24-hour) period commencing with
the employee's scheduled shift day. A regular workday for employees shall consist of either eight
(8) consecutive hours per day on the basis of a five-day workweek schedule (5-8 plan) or ten
(10) consecutive hours per day on the basis of a four-day workweek schedule (4-10 plan), or
twelve (12) consecutive hours per day on the basis of a four-day workweek schedule. All
employees shall be assigned a regular work schedule consisting of five (5) consecutive eight-
hour (8-hour) workdays or four (4) consecutive ten-hour (10-hour) days, with the same starting
time for each day, or four consecutive twelve-hour (12-hour) workdays or an alternate twelve
(12) hour workday schedule that complies with the Fair Labor Standards Act (FLSA)
requirements, and as implemented at the sole discretion of the City of Woodburn. The
provisions of this section shall not apply during the week when a shift rotation occurs.
Employees shall not be required to work more than 16 consecutive hours without eight (8) hours
of rest between the next call to duty, except upon mutual agreement of the parties or an
emergency as declared by the Chief or designee.
In the event the Association desires to establish or try a twelve (12) hour shift, the Association
agrees to submit its recommendation to the Chief. In the event the City and Association reach
agreement on an alternative twelve (12) hour workday schedule, the parties will reduce the terms
of that agreement to a memorandum of understanding, including any recognized impacts to
articles of the Agreement. The City reserves the right to implement or discontinue a 4-12
schedule and re-establish a 5-8 or 4-10 work schedule as currently provided without any further
need to bargain concerning the decision or the impacts of the decision to do so.
B. Meals and Breaks: Except for court days, training days, and days when traveling
outside the City, employees shall be entitled to two (2) ten (10) minute breaks per workday, and
one (1) thirty (30)-minute meal period per workday. These breaks and meal periods shall be paid
time. Employees working a twelve (12) hour shift shall receive three (3) fifteen (15) minute
breaks and one (1) thirty (30) minute meal period per workday. Employees may combine their
daily breaks at their discretion, subject to operating needs. During the employee's break and meal
period, the employee shall remain on on-duty status and shall be subject to call-out in cases of
immediate need.
10
151
T
City ofWoodbumlWPA
Tentative Agreement
Detectives: Detectives will work a regular forty (40) hour week. Generally, the schedule is
Monday - Friday, 8 am to 5 pm, with a one-hour unpaid lunch. Detectives will be allowed to
flex schedules for the purposes of meeting daily needs for regular scheduled shifts with
supervisory approval.
C. Work Week: A normal workweek shall consist of forty (40) hours of work during a
seven-day (7-day) calendar period commencing 0001 Monday and ending midnight of the
following Sunday. When working a four-twelve (4-12) plan, a normal workweek shall consist of
up to one hundred forty seven (147) hours worked in a twenty-four (24) day work period. When
working an alternate twelve (12) hour shift, the normal workweek shall be as established by the
given schedule and in compliance with the FLSA. For employees assigned to work a four-
twelve (4-12) plan or an alternate twelve (12) hour plan on a regular basis, the City hereby
adopts and establishes a regular, recurring period of work which shall consist of twenty four (24)
days for the police officers so assigned, in accordance with the Fair Labor Standards Act, Section
7(k). It is understood, that in earlier negotiations for working 12's, the employees will receive
additional holiday pay as established in Article 13. (Note: Overtime training hours, as per FLSA
is *****(ADD CITE)*****
D. Shift Changes: The Department reserves the right to make shift change with seven (7)
days advance notice. Employees shall be scheduled to receive at least eight (8) hours off
between the scheduled end of shift and scheduled start of the next shift. If an employee does not
receive at least eight (8) hours off between the scheduled end of his/her shift and scheduled start
of the next shift, he/she will be paid overtime for any hours worked during that eight (8) hour
period.
Shift changes, including changes due to mandatory training that occur without seven-day (7-day)
prior notification will be subject to the overtime requirements of Article 12. If a shift change
without seven (7) days prior notification is the result of another employee's use of sick leave,
bereavement leave, administrative leave, holiday leave taken as a result of a personal emergency,
resignation with less than seven (7) days (actually worked) notice, or absence from work due to a
workers' compensation injury (except for scheduled medical appointments with sufficient notice
given to the City), the schedule change shall, for purposes of overtime payment, be treated as
though seven (7) days prior notification had been given. Employees may voluntarily waive the
seven (7) day notice requirement.
E. Shift Trades: Shift trades, which are voluntary between employees, will be allowed
when both employees submit written request forty-eight (48) hours in advance specifying both
the initial and the reciprocal trade that is to be made, subject to the following:
1. No employee will work two shifts without at least eight (8) hours off between said
shifts.
2. City operations and employee safety will not be adversely affected by the shift
trade. When a shift trade occurs, each employee will for pay purposes, be treated
11
152
T
City ofWoodbumlWPA
Tentative Agreement
as though he/she worked his/her scheduled shift. However, in the event of a shift
extension, the employee working the extra time off receives the pay for same at
his/her established overtime rate.
3. In the event an employee leaves the City's employment without working a
reciprocal trade shift, the employee's final paycheck will be reduced by the
amount of wages that would have been earned if the reciprocal shift trade was
completed before separation from employment.
F. Shift Rotation:
I. Shift Scheduling: When operating under a 5-8 plan the regular shift rotation
shall occur approximately every three (3) months on the Monday of the first full
week of that month beginning in January. The shift scheduling process shall allow
the employee to select two (2) of the four (4) shift schedules (after seven years
with the Department, an employee may select all four shift schedules he or she is
to work during the year), as follows:
a. On or around October 15 of each year, the City shall first post a master
schedule of the anticipated available shifts for each quarter of the year and
the first quarter of the following year, which shall include days and hours
to be worked for each position.
b. Each employee, starting with the employee who has the most seniority,
shall in turn indicate his or her preference as to any two (2) of the four (4)
shift tours that he or she wishes to work among those indicated on the
master schedule that have not been previously selected by more senior
employees. However, any patrol officer who at the time of selection of
shifts for the following year worked twenty (20) or more days in a three-
month (3-month) shift tour on a shift other than the shift he/she selected as
a result of shift reassignment pursuant to Section F Ie below, shall select
by seniority three (3) of the four (4) shift tours that he or she will work.
Employees shall be allotted seven (7) days in which to complete the shift
bidding process.
c. Within seven (7) days after all employees have made two (2) (or 3, if
applicable) shift tour selections, the City shall, without limits as to its
discretion, schedule the remaining shift tours for each employee so as to
complete the work schedule for the year from the listed shifts.
2. Exceptions: With regard to the above procedure, it is recognized that the
scheduling of shifts on the basis of employee preference will not be allowed to
interfere with the City's ability to provide the best and most cost-effective service
12
153
T
City ofWoodbumlWPA
Tentative Agreement
to the public. By way of example therefore, the following exceptions to the above
shift scheduling procedures are made:
a. Probationary employees shall not be subject to the provisions of this
Section F.l, above.
b. Employees assigned to a particular activity that is traditionally associated
with specific work schedules shall not be subject to the provisions of this
Section.
Examples of such assignments include the following:
(1) Investigations/Detectives
(2) Inter-Agency Task Force Assignment
(4) Traffic Detail - Motorcycle Patrol
(5) School Resource Officer
(6) Community Policing Officer
(7) Canine Unit
(8) Community Response Team
It is further understood and agreed that in the event an employee requests or is
transferred from a specialty assignment to patrol duties during a shift schedule
period, such a change will not trigger an obligation to conduct new shift rotations
or alter current shift preferences made pursuant to Section F.1, above. The City
shall assign any such employee a shift for the remainder of the current shift
schedule which is based on operational needs. Officers scheduled to end an
assignment may shift bid with other officers during the normal shift bid process in
anticipation of the end of the assignment.
3. Discontinuance of 12-hour shifts: Shift rotation in Section F will not apply to a
twelve (12) hour work schedule. Should the Chief of Police direct that a twelve
(12) hour work schedule be discontinued at anytime during the year, a shift
bidding process by seniority shall be conducted. The shift bidding shall be for the
remainder of the current calendar year and the balance of the next calendar year,
prior to the annual shift bidding process. The shift bidding shall be accomplished
in accordance with the Section F (1) and (2), except that the initial posting of the
schedule for bid shall be not more than sixty (60) days after the discontinuance of
the twelve (12) hour shift.
13
154
,.
City ofWoodburnlWPA
Tentative Agreement
G. On-Call Detective: Each week, commencing at 0800 hours on Monday and ending at
0759 hours the following Monday, the City may assign one (1) Detective to "on-call" Detective
status. The rotation schedule for on-call Detective shall be established by the City's Detective
Sergeant with input from the Association members assigned to Detective duty. Requests for
training or personal leave that affect the on-call schedule will be considered in establishing the
on-call rotation. Trading of on-call weeks between Detectives shall be permitted, with advance
approval from the Detective Sergeant or designee. At the end of each on-call week, the
Detective who completed the previous on-call week will be compensated an additional four (4)
hours holiday pay. All on-call Detectives must be able to respond to the call-out within one (1)
hour of contact.
H. Off-Duty Contacts: All employees, excluding on-call Detectives, who receive telephone
calls or other contacts from the Department regarding work-related matters while off-duty shall
be compensated as follows: If the contact exceeds seven (7) minutes in duration, the employee
shall be compensated a minimum of one-half (1/2) hour or actual time spent on such call at
his/her regular overtime rate of pay, whichever is greater. If the contact takes seven (7) minutes
or less, it will be considered minor and will not be compensated. Employees are responsible for
reporting all contacts of more than seven (7) minutes as time worked.
I. Off-Duty Canine Care: Canine Officer and dog training activities shall be conducted
primarily on-duty. Canine Officers accept and may resign from the position voluntarily.
Acceptance of the assignment is based upon willingness to care for the animal off-duty as a
family pet. Employees who serve as Canine Officers shall not receive overtime wages for off-
duty care of the animal as a family pet. The parties intend to compensate for the off-duty care,
feeding, grooming, bathing, exercising, and kennel cleaning and maintenance time. The parties
intend to compensate for approximately two and one-half (2 Y2) hours per week. The parties
agree that not more than two and one-half (2 1/2) hours per week are required for off-duty care
of the animal, and Canine Officers shall not exceed two and one-half (2 Y2) hours per week in
work-related canine duties without approval from a supervisor. The parties agree that dog care
activities do not have to be compensated at the same rate of pay as law enforcement activities,
and that each person assigned as Canine Officer will be entitled to a three percent (3%) premium
to the Officer's base pay. The parties agree that commuting to work with the dog does not
constitute "hours of work" solely because the dog is in the vehicle. Canine Officers shall be
entitled to a call back premium when duty concerns emergency care of their animal, consistent
with Article 12.B.
ARTICLE 12 - OVERTIME
A. Overtime Work: As used in this Agreement, overtime shall mean that time an employee
is authorized and directed to work in excess of eight (8) ten (10) hours or twelve (12) hours, as
appropriate, in one or on any day, or in addition to a scheduled forty-hour (40-hour) shift week.
Overtime shall be computed to the nearest quarter (114) hour. The City has the unqualified right
to require employees to work overtime. If an employee is assigned to a twelve (12) hour shift,
14
155
r
City ofWoodburn/WPA
Tentative Agreement
the employee shall receive overtime pay if the employee works more than twelve (12) hours on a
regularly assigned workday, or more than one hundred forty seven (147) hours in a twenty-four
(24) day period or as mutually agreed upon by the City and the Association.
B. Call-Outs and Holdovers:
1. Selection: The City reserves the right to call out any and all employees based on
Department need or emergency. Shift holdover shall be offered on the basis of
seniority. Except as stated in Section 2 below, call-outs will be first selected using
a list, updated quarterly, of employees desirous of call-out duty. Selection from
the list will be in order of seniority. Failure to call in and/or declining a call-out
three (3) times in a quarter will eliminate the officer from the list for the
remainder of the quarter.
2. Exclusions: Exemptions from Section I, above shall be the same as those listed
in Article 11, Section F.2(b), however, with the exception of employees assigned
to Detectives, no employee with a specialty assignment shall be prohibited from
placing their name on the call-out list.
3. Payment: Time worked that is not in conjunction with a shift shall be paid at a
minimum three (3) hours pay at time and one and one-half (1 ~) the employee's
regular rate of pay. However, call-out will not be paid for scheduled
Departmental meetings, Field Training Officer (FTO), Officer in Charge (OIC)
and Chief's forum meetings, if the employee is given seven (7) days written
notice of the meetings. Such notice may be delivered to an employee's
Departmental mail box or electronically. If an employee is called out to work and
that call-out is subsequently canceled, the employee shall receive a call-out,
unless such cancellation occurs within ten (10) minutes of the first notification to
report to work.
C. Duty-Connected Court ApDearance: A court or administrative appearance in
conjunction with services performed as a Woodburn Police Officer shall be considered time
worked, and any expenses associated with such appearances shall be reimbursed. Pay for court
or administrative appearances in conjunction with law enforcement services performed prior to
an officer's employment as a Woodburn Police Officer will be determined by the City on a case-
by-case basis.
All witness fees, mileage allowance, and related remuneration paid to the employee for such
appearances shall be turned over to the City.
15
156
r
City ofWoodbumlWPA
Tentative Agreement
ARTICLE 13 - TIME OFF IN LIEU OF HOLIDAYS
A. Accrual: Employees will accrue 8.67 hours per month for time off in lieu of holidays.
For the purposes of accrual of time off in lieu of holidays, a "month" shall be defined as
including any month during which an employee is actively working or is on vacation, holiday or
other leaves of absence paid by the City. Time off in lieu of holiday benefits do not accrue
during periods that an employee is on layoff or unpaid leaves of absence. In the event an
employee is on layoff or unpaid leave for part of a month, his/her holiday pay accrual will be
credited for a full month, provided the employee has worked during that month.
B. Time Off in Lieu of Holidays: Time off in lieu of holiday, which is taken by an
employee, will be charged to the nearest quarter (1/4) hour, to the employee's accumulated
holiday time account. Employees may only accrue a maximum of one hundred four (104) hours
of time off in lieu of holidays. Employees will be allowed to carry over time off in lieu of
holidays to a maximum of one hundred four (104) hours from one fiscal year to another. The
employee shall be compensated in cash on a monthly basis for all holiday time that is in excess
of the one hundred four (104) hour maximum. During any month in which a twelve (12) hour
shift is implemented, all employees shall receive thirteen (13) hours of time off in lieu of holiday
for that month. Employees shall have their holiday accumulation increased to one hundred fifty
six (156) hours during the period of time in which a twelve (12) hour shift is implemented. All
employees actually working twelve (12) hour shifts shall receive fifteen (15) hours of time off in
lieu of holiday for that month. Such employees shall have their holiday accumulation increased
to one hundred eighty (180) hours during the period oftime in which a twelve (12) hour shift is
implemented. In the event the twelve (12) hour shift is eliminated, employees over the
maximum accumulation set forth in the Collective Bargaining Agreement shall be entitled to
carry over those hours until such time as they have voluntarily reduced those hours to the amount
set forth therein.
C. Utilization: Holiday time off that is taken in conjunction with a vacation pursuant to
Article 14 shall not be subjected to the following provisions: Requests for accrued holiday time
off shall be in writing and submitted to the on duty supervisor. Such requests shall be approved
or denied within three (3) business days (Monday through Friday, excluding holidays) of the date
the request is submitted before shift scheduling and priority vacation bidding has been
completed. The City shall not be required to approve a holiday time-off request if doing so
would require or result in inadequate coverage or the payment of overtime to another employee.
D. Termination of Emplovment: Upon the termination, resignation or other break in
seniority of a regular, non-probationary employee, all earned but unused holiday time shall be
paid at his/her current wage rate.
16
157
~
City ofWoodburnlWPA
Tentative Agreement
ARTICLE 14 - V ACA TIONS
A. Accrual Rate: The accrual of vacation shall be as follows:
Number of Days Maximum
Years of Service Monthly Accrual
Accrued Annually Accrual
0-5 06.67 hours 10 160 hours
6 - 10 10.00 hours 15 240 hours
11 10.67 hours 16 256 hours
12 11.33 hours 17 272 hours
13 12.00 hours 18 288 hours
14 12.67 hours 19 304 hours
15 to 19 13.33 hours 20 320 hours
20 14.00 hours 21 328 hours
21 14.67 hours 22 336 hours
22 15.33 hours 23 344 hours
23 16.00 hours 24 352 hours
24+ 16.67 hours 25 360 hours
Vacation benefits shall be credited as earned for each month of service, in accordance with A,
above, except that vacation accrued during the first twelve (12) months of continuous service
shall not be credited as earned vacation until the employee completes the first twelve (12)
months of continuous service. For the purpose of vacation accrual "month of service" shall be
defined as including any month during which an employee is actively working or is on vacation,
holiday or other leaves of absence paid by the City. Vacation benefits do not accrue during
17
158
-
City ofWoodburn/WPA
Tentative Agreement
periods that an employee is on layoff or unpaid leaves of absence. In the event an employee is on
layoff or unpaid leave for part of a month, his/her vacation will be credited for a full month,
provided the employee has worked during that month.
B. Utilization: Any vacation accrued in excess of two (2) times an employee's annual
accrual will be forfeited, provided that in the event an employee is unable due to departmental
operational needs to take a vacation, he or she may request and be granted a waiver in writing so
as to allow for the accrual beyond the above maximum for a specified period. Such waiver
period shall normally not exceed four (4) months in duration.
1. Bidding under the Four-Twelve (4/12) Plan: When the Department is operating on a
four-twelve (4/12) plan, priority vacation bidding will take place on or around November
1st of each year with the posting of a team schedule. Bidding will be conducted within
each team on the basis of seniority, with the senior-most officer having the first vacation
choice. Employees shall be allotted eight (8) days in which to complete the seniority-
based vacation sign-up process, and the City shall have fourteen (14) days after its
completion in which to approve or deny the vacation requests, and to accept alternative
vacation dates for those denied. During this process, bumping of bids by seniority will be
allowed. Once priority vacation bidding is completed, non-vacation and holiday requests
will be accepted on a first-come, first-served basis. Notwithstanding the above, in the
event the City implements a twelve (12) hour shift schedule, the City and Association
may agree to an alternative shift bidding process. Any such agreement will be confirmed
in writing.
2. Bidding under the Five-Eight (5/8) Plan: When the Department is operating on a five-
eight (5/8) or four-ten (4/10) plan, priority vacation bidding will take place on or around
November 1st of each year. Each employee shall be allowed to sign up for one (1)
continuous vacation period for the ensuing shift bid year. The above-specified vacation
sign-up shall be conducted on the basis of seniority, with the most senior employee
having the first vacation choice. Employees shall indicate their first and second choice
for vacation dates on the bid. Employees shall be allotted eight (8) days in which to
complete the seniority-based vacation sign-up process, and the City shall have fourteen
(14) days after its completion in which to approve or deny the vacation requests, and to
accept alternative vacation dates for those denied. During this process, bumping of bids
by seniority will be allowed.
All vacation shall be in increments of one (1) day, or longer, Requests for vacation in
increments of more than two (2) days must be submitted at least ten (10) calendar days in
advance. Requests for vacation increments of two (2) or less days may be submitted at any time.
All vacation requests shall be approved or denied on a first-request-received-has-priority basis
within three (3) business days of the day of receipt of the request, but not before the seniority
bidding process has been completed for the period in question. An employee may combine
his/her accumulated holiday time with vacation when scheduling vacation time off.
18
159
-
City ofWoodbumlWPA
Tentative Agreement
C. Cancellation of Vacation: In the event an employee is involuntarily required to work
during his! her vacation, he/she shall receive overtime at the applicable rate for all time worked
during the scheduled vacation and shall have the option of receiving vacation pay for the time
involved (for a total of two-and-one-half times the regular hourly rate) or having the vacation
time reinstated to his/her vacation account for use at a later time.
In addition, if an employee's seniority-bidded vacation is canceled by the City for reasons that
are not beyond the control of the City, and if the employee has made non-refundable deposits
that must thereby be forfeited, he/she shall be eligible for reimbursement subject to the
following. At the time of notification of vacation cancellation, which must be hand-delivered to
the employee, the employee must advise the City of the fact that certain non-refundable deposits
may have been made and the nature of those deposits. Within seventy-two (72) hours of receipt
of the notice of vacation cancellation, the employee must submit appropriate documentation to
verify any non-refundable deposits. The provisions of this section shall not prevent an employee
from voluntarily canceling and/or rescheduling a vacation without the payment of a premium for
the time involved.
D. Termination of Employment: Upon the termination, resignation or other break in
seniority of a regular, non-probationary employee, earned but unused vacation time shall be paid
at his/her current wage rate.
ARTICLE 15 - SICK LEAVE
A. Accrual: Sick leave with pay shall accrue at the rate of eight (8) hours, per month of
employment, to a maximum accrual of nine hundred sixty (960) hours. For the purpose of
accrual of paid sick leave benefits, a "month" shall be defined as including any month during
which an employee is actively working or is on vacation, holiday or other leaves of absence paid
by the City. Paid sick leave benefits do not accrue during periods that an employee is on layoff
or unpaid leaves of absence. In the event an employee is on layoff or unpaid leave for part of a
month, his/her sick leave accrual will be credited for a full month, provided the employee has
worked during that month.
B. Utilization: Sick leave shall be available for the following:
1. Personal Illness or Iniury that is not Job-Related: Leave will be allowed only
when an employee is unable to work because of off-the-job injuries or illnesses,
excluding off-the-job injuries and illnesses resulting from outside employment,
approved pursuant to Article 9 of this Agreement.
2. Personal Illness or Iniury Sustained in DPSST Activities: Any bona fide injury
sustained in off-duty DPSST activities shall qualify as cause for sick leave for the
first three (3) calendar days immediately following such illness or injury,
19
160
T
City ofWoodburn/WPA
Tentative Agreement
provided the total duration of such illness or injury does not exceed fourteen (14)
calendar days. Payment of this three (3) days of sick leave may be delayed, as
necessary, to verify an employee's eligibility to receive payment.
3. Personal Illness or Iniury that is Job RelatedIWorkers' ComDensation: Sick leave
payments will also be made in coordination with the three (3) day waiting period
and weekly time-loss benefits for which the employee is eligible to receive from
the City's Workers' Compensation carrier, as appropriate, so as to equal his or her
regular net pay. When coordinated payments are made, the employee's sick leave
or other paid leave account will be charged a pro-rata amount based upon the
relationship the payment bears to the employee's regular daily wage.
If an employee qualifies for Workers' Compensation time loss benefits and is
given a light-duty assignment, the employee shall suffer no loss of payor benefits
and will be paid his/her regular pay while on light duty without deduction from
his/her sick leave bank in accordance with Article 16 Section E.
4. Medical ApDointments: Sick leave shall be utilized for medical appointments
that cannot reasonably be scheduled during off-duty time on an hour-for-hour
basis to the nearest quarter (1/4) hour.
5. Family Illness or Injury: When an employee must be absent from work because
of an illness or injury in the immediate family, time off shall be granted as
required to care for or arrange for alternative care and charged against sick leave
time. For the purpose of this Section, "immediate family is defined as husband,
wife, "domestic partner" as defined in Article 22, mother, father, grandparents,
children (including step-children), brother, sister, father-in-law, mother-in-law, or
other relative living in the employee's household. Paid vacation and/or holiday
leave may be used after sick leave is depleted.
C. Sick Leave Verification: The City may require an employee to submit verification of
eligibility for sick leave from an employee's doctor or health care professional as whenever the
employee's sick leave usage exceeds three (3) consecutive workdays or whenever the City can
articulate a good faith concern (e.g. questionable patterns of absence, suspicious explanations,
etc.) regarding the employee's eligibility to receive sick leave. Receipt of verification may be
required as a condition of payment. In the event verification is required, out-of-pocket costs
billed by the doctor or health care professional to obtain the necessary verification shall be paid
by the City to the extent such costs are not covered by insurance. Verification may be required
for absences due to illnesses and injuries of the employee and/or members of his/her immediate
family, consistent with applicable law.
20
161
T
City ofWoodburn/WPA
Tentative Agreement
D. Limitations and General Conditions:
I. New Employees: Sick leave shall not be available for utilization until after the
first ninety (90) days of employment have been completed.
2. Notification: The employee shall notify his or her immediate supervisor in
accordance with procedures that may be established by such supervisor of the
need for sick leave as, soon as possible after his or her knowledge ofthe need.
3. Appearance in Court: If an employee is required to appear in court on a day that
the employee is off on sick leave, the employee shall, notwithstanding the
requirements of Article 11, Hours of Work, and Article 12, Overtime, not be
eligible for extra pay for the first eight (8) hours of the court appearance. An
employee shall not be charged sick leave for the hours worked pursuant to this
section.
4. Verification of Medical Limitations: Employees must be able to resume their
normal work duties upon return to work. A doctor's certificate verifying that the
employee is able to resume his or her essential work duties in a manner that does
not threaten his/her safety or the safety of others may be required. The City
reserves the right to require employees to submit verification of medical ability to
safely perform their job duties, as well as confirmation of the precise nature of
any limitations on an employee's ability to safely perform his/her job duties as a
condition of returning the employee to work.
E. Incentive Conversion: Any employee who accumulates eighty-eight (88) hours or more of
unused sick leave within the calendar year has the option to convert eight (8) hours of sick leave
into vacation leave as an incentive for low usage of sick leave.
ARTICLE 16 - OTHER LEAVES AND LIGHT-DUTY ASSIGNMENTS
A. Jury Duty: An employee shall continue to receive his/her regular salary for the period of
required services as a juror. All monies received for jury duty will be surrendered to the City.
Employees on jury duty shall be changed to a duty assignment commencing at 8:00 a.m. and
ending at 5:00 p.m. and shall not receive a paid lunch period for the time served on jury duty. In
addition, if the deliberations of the jury extend beyond 5:00 p.m., the employee shall not be
entitled to any overtime pay. Employees will report for work when less than a normal workday is
required by such duty.
B. Voting Leave: When an employee's work schedule is such that he/she would not be able
to vote prior to or after his/her normally scheduled working hours, he/she may be granted a
reasonable time off duty to vote without loss of payor accrued vacation or sick leave.
21
162
T
City of W oodbum/WP A
Tentative Agreement
C. Leave of Absence Without Pay: A regular employee may be granted leave of absence
without pay up to twelve (12) months when the work of the Department will not be handicapped
by his/her absence. Requests for such leaves must be in writing and must establish reasonable
justification for the approval by the City. Leaves of absence for longer than two (2) weeks must
be approved by the City Administrator.
D. Family Medical Leave: The City will comply with the Family Medical Leave Act
(FMLA) and Oregon Family Leave Act (OFLA). Employees who are absent from work for
FMLA or OFLA qualifying reasons, but who are not eligible to receive sick leave benefits will
be paid accrued holiday pay and/or vacation pay for their absences. In the event an employee
does not specify whether he/she prefers to utilize holiday or vacation pay, holiday pay shall be
utilized first, then vacation pay.
The employee shall continue to receive health, long-term disability and life insurance benefits
during the time the employee is on designated leave under the Family Medical Leave Act
(FMLA). Following the expiration of the FMLA entitlement period, health, long-term disability,
and life insurance benefits will continue to be paid by the City, provided that the employee
continues to have leave hours charged against their leave bank (sick, vacation, holiday).
E. Limited Duty Assignments: When an officer who is recovering from an injury or illness
compensable under Workers' Compensation is certified as fit for limited or light-duty but not full
duty, the City shall provide light-duty employment subject to the following limitations and
conditions:
1. The maximum duration of such employment shall be six (6) months from date of
lnJury .
2. Pay for such position shall be as follows:
The employee shall receive one hundred percent (100%) of his or her regular rate
including incentive pay, but not including pay for premium assignments.
There shall be no charge to the employee's sick leave, holiday or vacation pay
banks for the time spent working in a limited-duty capacity. Paid leave time,
including sick leave, shall however, continue to accrue and be available to
employees while on a limited-duty assignment. During the time an employee is on
light-duty, sick leave, holiday in lieu of pay and vacation pay will accrue at the
employee's regular rate. However, employees who utilize sick leave, holiday or
vacation pay during a light-duty assignment will be paid at the rate applicable
under Section E 2(a) above.
3. The City may assign an employee who is on a light-duty assignment to a different
shift without regard to seniority or shift bidding preferences. When it is practical
to do so, the City shall also modify the work schedule of limited-duty employees
22
163
.
City ofWoodburnlWPA
Tentative Agreement
so as to allow the employee to participate in physical therapy and attend medical
appointments.
4. There shall be a limit of one (1) full-time equivalent employee (FTE) placed on
light-duty. In the event more than one (1) employee is eligible to be placed in the
position, the City shall first offer such work to the employee whose injury or
illnesses occurred first.
5. The officer must be able to work in the evidence room, take phone inquiries, and
conduct background checks/investigations by phone, do filing and perform
various other office tasks in order to qualify for the light-duty position.
6. The City may require a medical verification of the employee's ability to safely
perform the light-duty duties described in subsection 4, above, as a condition to
placing an employee in a light duty assignment. The City shall have the right to
obtain a second medical opinion at its own expense in order to verify any medical
opinion it has received from the employee's physician.
7. Light-duty work shall not be offered to an officer who is unable to perform his/her
regular job duties as a result of his/her misconduct.
8. Light-duty work may be offered to officers injured off-the-job or for medical
conditions, subject to Department approval.
F. Bereavement Leave:
1. In the event of a death in the employee's immediate family, an employee shall be
granted a leave of absence of up to five (5) consecutive days per occurrence
without loss of pay. The amount of bereavement leave granted (not to exceed five
(5) calendar days per occurrence) shall be reasonably appropriate and necessary
under all the circumstances.
2. Immediate family is defined as husband, wife, domestic partner, mother, father,
grandparents, child(ren), step-child(ren), brother, sister, father-in-law, mother-in-
law, or other relative living in the employee's household.
3. This leave shall be separate from sick leave and shall not accumulate from year to
year.
4. In the event of a death of a co-worker, employees may request and be granted
vacation leave or other mutually agreeable time off to attend the funeral. In
instances where the essential work of the City would be seriously handicapped by
the temporary absence of a group of employees in a division, the City may set a
reasonable limit on the number of employees that are to receive such leave.
23
164
T
City ofWoodbumlWPA
Tentative Agreement
G. Military Leave: Military leave shall be granted in accordance with federal and state law.
ARTICLE 17- SALARIES
A. Appendix B: Salaries covered by this Agreement shall be 10 accordance with the
schedule set forth in Appendix A.
July I, 2005, retroactive wage increase four percent (4%) across-the-board. (One percent (1%)
of this amount reflects insurance transition offset.)
July 1,2006, three percent (3%) wage increase across-the-board.
July 1,2007, three percent (3%) wage increase across-the-board.
B. DPSST Certification Pay: Employees shall receive the following pay for maintaining
intermediate and advanced certificates:
Police Officer Intermediate certificate (five percent (5%) monthly base salary)
Police Officer Advanced certificate (ten percent (10%) monthly base salary)
The City will continue to provide forty (40) hours of training per year. If possible, the City will
offer training that satisfies DPSST standards. In the event the City provided training does not
satisfy DPSST standards due to content or required hours, or in the event employees are not
available when City training is offered, training shall be obtained by the employee on
employee's own time and at employee's own expense. Such expenses shall not be reimbursed
by the City. Employees who fail to maintain their certification will be subject to demotion, or in
the event of loss of basic DPSST certification, termination.
C. Trainee and Lateral Emoloyees: New employees who do not have DPSST certification
shall be placed on the trainee level until completion of six (6) months of service and then placed
at Step I until completion of the probationary period. Employees hired with DPSST certification,
but not PERS eligible at time of hire shall receive a Step increase after six (6) months of service.
D. Step Advancement: Employees are eligible for Step advancement following completion
of twelve (12) months of service at the prior Step, subject to Department approval and the salary
schedule.
E. Denial of Step: If a Step advancement as provided for in Section D of this Article is to
be denied, the employee shall be given notice of such denial in writing. The notice of denial must
also state the reason for the step denial and, where applicable, specify the standards that must be
achieved before the step increase will be granted.
24
165
City ofWoodbumIWP A
Tentative Agreement
ARTICLE 18 -PREMIUM PAY
Employees are eligible for the following premium pay:
A. Motorcycle Patrol Premium: Any employee assigned as a motorcycle officer shall
receive pay equal to five percent (5%) of his /her base pay while so assigned.
B. SW A T Team Premium: Any officer belonging to the SWAT Team or its equivalent
shall receive, as hazard pay, an amount equal to ten percent (10%) of hislher base pay for all
hours worked in a SWAT Team call-out or incident. (Excludes training and report writing.)
C. Field Training Officer (FTO) Premium: Officers appointed by the Chief or designee as
FTO shall receive a premium of five percent (5%) for all hours actively engaged in FTO duties.
D. Soanish Incentive and Russian Incentive: Any employee demonstrating written and
oral proficiency in the Spanish or Russian languages shall receive, in addition to his/her regular
pay, a seven percent (7%) premium. The City is to determine the level of proficiency required
and the manner of testing that proficiency. Newly hired officers shall be eligible to receive
language incentive pay upon completion of the Field Training and Evaluation Program (FTEP).
Testing for language skills shall not be unreasonably delayed.
E. Detectives: Effective January 1, 2006, employees regularly assigned as Detectives
shall receive an additional five percent (5%) of monthly base pay.
ARTICLE 19-EXPENSES
Section I. Employees will be allowed use of a City vehicle, if available, as needed, to
conduct City business or for approved trainings. When an employee elects to use a personal
vehicle in the performance of official duties, they shall be compensated at the current City rate.
(Currently 25 cents per mile 7/05).
Section 2. When an employee is on an authorized City duty trip or training, employees will
furnish receipts for meals, lodging, rental cars and other reasonable related expenses and will be
reimbursed for reasonable expenses consistent with the Personnel Policies and Procedures
Manual.
Section 3. Receipts not totaling a minimum of $20 will be held until the $20 minimum is
reached or paid quarterly.
25
166
T
City ofWoodbumlWPA
Tentative Agreement
ARTICLE 20 - CLOTHING AND UNIFORM
If an employee is required to wear a uniform, the City shall furnish such uniform to the
employee. The City shall pay the cost of the uniform. For sworn employees, the uniform shall
include body armor, leather, weapon and other such equipment as issued by the Department. The
City may approve alternative weapons and leather, or equivalent, which the employee shall
provide at his/her own expense. Body armor shall be replaced in accordance with the
manufacture's recommendation. The City shall replace all irreparably damaged or stolen
equipment issued to employees.
The City will provide a clothing allowance for employees while assigned to plain clothes duty,
on an actual reimbursement basis, not to exceed $150 per quarter.
ARTICLE 21 - MANDATORY TRAINING
A. Training Defined: The kinds of training that may be conducted pursuant to the
provisions of this Article shall include such activities as DPSST approved classes, college-level
instruction, firearms qualification, and instruction as to departmental methods or procedures.
The City agrees to meet and confer with the Association with respect to the selection and
scheduling of mandatory training activities.
B. Cost of Training: The City shall pay all costs of mandatory training.
C. Pay for Training: Notwithstanding other provisions of this Agreement and to the extent
permitted by law, the City shall have the right to pay employees at their straight-time hourly rate
for training activities that the employee is required to attend which do not fall within the
employee's regularly scheduled hours of work. This equates to eleven (11) hours per month on a
forty (40) hour work week, or as allowed by FLSA.
D. Scheduling of Training: The City may alter the regular shift schedules to enable an
employee to attend non-mandatory training outside his/her regular work schedule without
incurring overtime obligations for that employee, as a condition of approving attendance at such
training. Shift changes for that employee are not subject to advance notice of shift scheduling.
Employees attending non-mandatory training will, however, be given at least eight (8) hours off
duty between shifts.
Also, when a particular class or training activity is to be offered at two or more different times,
and when there is a choice between scheduling an employee to attend the training during his/her
regular work hours or outside his/her regular work hours, the employee shall, to the extent
permitted by the City's reasonable operating needs, be scheduled to participate in the training
during his/her regular work hours.
26
167
City of W oodburnlWP A
Tentative Agreement
E. Firearms Oualification: The City shall schedule not less than six (6) opportunities for
each officer to practice shooting his/her firearm each year. Not less than one hundred (100)
rounds per participant shall be provided for each such opportunity. Included within the above-
specified six (6) opportunities shall be not less than four (4) qualifications.
ARTICLE 22 - HEALTH INSURANCE AND OTHER BENEFITS
A. Medical: The City shall continue to provide the existing League of Oregon Cities
Plan V - PPO $100 deductible, with well baby coverage, or substantially equivalent benefits
under alternative medical insurance plan for all employees and their enrolled dependents.
Effective 1/1/06, the premium insurance premium share will be ninety-five percent (95%)
employer paid and five percent (5%) employee paid for the current Plan V coverage. Such a
contribution split shall continue during the period this Plan is in effect and until the parties reach
an alternative agreement from the re-opener. The City also agrees to offer a Kaiser option,
(Kaiser Medical Plan B and Vis RX B, by 1/1/06 with 100% premium by employer. (As found
in Appendix X.)
Re-Opener: The City may, with thirty (30) days prior notice, re-open an insurance plan
coverage following insurance committee discussion for finding alternative insurance. The
parties agree that this re-opener is to facilitate finding alternative insurance plans, coverage or
packages which may include medical reimbursement plans (i.e., VEBA, etc.).
The Association agrees to actively participate with the insurance committee discussion and will
designate a minimum of two (2) participates or alternates to attend all health insurance
committee meetings scheduled by the City. Employees will be compensated straight time for
attendance.
B. Vision: The City shall continue to provide the existing League of Oregon Cities UCR,
or an equivalent (in the aggregate) alternative vision plan for all employees and then-enrolled
dependents.
C. Dental: The City shall continue to provide the existing or an equivalent (in the
aggregate) dental insurance plan for all employees and their enrolled dependents.
D. Life Insurance: For the duration of this Agreement, the City shall provide the
following:
1. Effective 1/1/06, a life insurance policy equivalent to current base wage with
twenty-four (24) hour term life and accidental death and dismemberment policy.
2. A $10,000 on-duty life policy is in addition to the above.
27
168
,..
City ofWoodburnlWPA
Tentative Agreement
3. A $1,000 twenty-four (24) hour life double-indemnity accidental death and
dismemberment policy.
E. Domestic Partners: For purposes of this Article, where insurance benefits are extended
to "spouses," domestic partner shall be considered a spouse. A domestic partner is defined as an
individual of the same sex as the employee who lives with the employee and has fulfilled the
requirements contained in and completed the "Affidavit of Domestic Partnership" form which is
available from Human resources. Domestic partners that have fulfilled the requirements set forth
in this form will be eligible for all benefit insurance options available to "spouses" as limited by
carrier contracts. Employees are obligated to promptly notify the Chief of Police when domestic
relationships begin and end.
F. Retirement: The City agrees to continue to participate in the Public Employees'
Retirement System, which includes crediting of accumulated sick leave toward improved
retirement benefits.
To the extent permitted by Section 414(H-2) of the Internal Revenue Service Code, employee
payroll deductions towards the cost of retirement shall be made on a pre-taxable income basis.
G. LonlZ Term Disability Insurance: Effective 1/1/06, employer will pay LTD to equate to
2/3 base salary. Like current practice for Sergeants. Plan description to be provided to
employees upon request.
ARTICLE 23 - PERSONNEL FILE
A. File Review: Each employee shall have the right, upon request, to review and obtain at
his/her own expense, copies of the contents of his/her personnel file, exclusive of materials
received prior to the date of his /her employment by the City.
B. Removal: Letters of warning, upon request of the employee shall be removed from an
employee's personnel file at the end of twelve (12) months from the date the letter of warning
was issued, provided there are not subsequent concerns of a similar nature or disciplinary action
related to similar conduct during the intervening period of time. Written reprimands, upon
request of the employee, shall be removed from an employee's personnel file at the end of three
(3) years from the date the written reprimand was issued, provided there are not subsequent
concerns of a similar nature or disciplinary action related to similar conduct during the
intervening period of time. All other disciplinary documents shall become a permanent record in
the personnel file.
Documents removed from an employee's personnel file as a result of an employee request will
be placed in a confidential file maintained by the Chief of Police. Such documents will not be
used against an employee for the purpose of establishing progressive discipline, but may be used
28
169
T
City of WoodbumlWP A
Tentative Agreement
in any arbitration and civil proceeding for the purpose of establishing consistency of disciplinary
action, lack of discrimination, the existence of mitigating circumstances and compliance with
legal obligations.
C. File Additions: Each employee shall have the right to read and sign any written material
of an evaluative nature that is placed in his/her personnel file. This includes merit ratings, written
reprimands, demotions, suspensions, or discharge. Any employee may respond in writing to any
item placed in such personnel file, and said response shall become a part of said file.
ARTICLE 24 - PROBATIONARY PERIODS
Probationary periods shall apply to both new employees and employees having received a
promotion. The probationary period shall be eighteen (18) months for all employees new to the
Department; however, when a laterally hired, experienced and police-certified new hire is hired
above the Step 1 rate, such officer's probationary period shall be twelve (12) months following
completion of the fourteen (14) workday orientation period. FTEP shall be no less than eight (8)
weeks, including the orientation period, for laterals. New laterals will be eligible for premium
pay under Article 18 after completion of FTEP. Employees promoted to a higher classification
shall serve a twelve (12) month probationary period. At or prior to the completion of the
probationary period, a new employee may be discharged and a promoted employee may be
restored to his/her former classification without any reason, justification, or cause being shown.
New employees who are certified and have prior experience may be hired above the Step I rate.
An employee so hired shall be eligible for advancement to the next step on the salary schedule
after completion of probation. Probation may be extended for a maximum period of six months.
ARTICLE 25 - DISCIPLINARY ACTIONS AND PROCEDURES
A. No regular employee shall be disciplined without just cause and due process. For
purposes of this Article, "just cause" shall require that no employee shall receive a written
reprimand, be suspended without payor terminated without just cause. If a question as to just
cause exists, it may be resolved by submission to binding arbitration pursuant to the provision of
Article 27.
Forms of discipline include: Written reprimand; suspension; reassignments or demotions
(which would result in a reduction of wage rate and are attributable to misconduct, violation of
policies or procedures or noncompliance with standards) and termination. Discipline for regular
employees will normally be progressive, however, any level of discipline may be imposed based
on the totality of circumstances and just cause.
29
170
~
City ofWoodbumlWPA
Tentative Agreement
Forms of evaluation and counseling, including verbal warnings reduced to writing and letters of
warning are not considered to be discipline and are not subject to the grievance and arbitration
procedures set forth in Article 28. These are less formal means of addressing concerns related to
performance, daily operations and compliance with departmental standards and expectations.
Such forms of counseling may serve as evidence for future disciplinary action and may be
referenced in such disciplinary actions. Verbal warnings will not be placed in an employee's
personnel file, but may be maintained in supervisory or evaluation files to be reviewed and
purged, if the concern noted in the verbal warning was addressed and corrected to the satisfaction
of the City. Nothing in this Article shall be construed to prevent or inhibit the Chief of Police or
superior officers from discussing and addressing matters pertaining to the operational needs and
standards of the department with employees.
B. Due Process: In the event an employee is under investigation for potential violation of
policy or procedures, noncompliance with Departmental Standards or misconduct which could
reasonably lead to "discipline" as defined in Section A, above, the employee will be granted the
following procedural rights:
1. Disciplinarv Interviews and Notice: The employee and a member of the
Association's Executive Board will be given forty-eight (48) hours advance
written notice of intent to interview, except in situations where exigent
circumstances exist to justify lack of notice (such as controlled substance
concerns, etc.) Notice to the employee will generally be hand delivered. Notice to
a member of the Executive Board may be made electronically. The notice will
include: the general nature of the allegation(s) or concern(s) prompting the
interview; the policies and/or standards potentially violated; and a reminder of
his/her right to consult with an Association representative and to have such a
representative present during the interview. This notice is not however, required
under circumstances of an investigation involving alleged criminal conduct.
2. Interviews shall take place on City premises or elsewhere upon mutual agreement,
unless an emergency, or special circumstances, exist to justify conducting the
interview elsewhere.
3. The City shall make a reasonable good faith effort to conduct employee
interviews during the employee's regular working hours, except for emergencies
or where interviews can be conducted by telephone.
4. In a non-criminal investigation, the employee may be required to answer any
questions reasonably related to the subject matter under investigation. The
employee may be disciplined for refusing to answer such questions. In an
investigation involving potential criminal conduct, employees who are required to
answer questions related to the potential criminal conduct will be issued a
"Garrity" notice in writing. Such notice will advise the employee that he/she is
required to answer questions related to the potential criminal conduct and will be
30
171
T
City ofWoodbum/WPA
Tentative Agreement
subject to discipline for failure to do so. The notice will further advise the
employee that the answers provided in response to this directive will not be used
in a subsequent criminal proceeding.
5. In situations involving the use of deadly force, the employee shall be afforded
reasonable opportunity to consult with an Association representative or attorney
prior to being required to give an oral or written statement about the use of such
deadly force.
6. The employee shall be entitled to such reasonable intermissions as the employee
shall request for personal necessities.
7. All interviews shall be limited in scope to activities, circumstances, events,
conduct or acts which pertain to the incident(s) which are the subject of the
investigation. Nothing in this Section shall prohibit the City from questioning the
employee about information which is developed during the course of the
interview or information related to the employee's understanding of the rule or
standard in question and mitigating or aggravating factors.
8. If the City or Association tape records the interview, a copy of the complete
interview of the employee, noting all recess periods, shall be furnished, upon
request, to either party. If the interviewed employee is subsequently notified of
potential discipline and any part of any recording is transcribed by the City, the
employee shall be given a copy of the tape prior to hislher due process hearing.
9. Investigations shall be conducted with no unreasonable delay. Disciplinary
interviews and grievance procedure meetings will not be delayed to assure an
employee's choice of a particular Association representative, unless the City has
agreed.
10. Lie Detector Tests: No employee will be compelled to provide polygraph or
voice stress tests.
Verbal warnings and letters of warning shall not be considered disciplinary actions and shall not
be subject to the provisions of this Article.
C. Pre-Disciolinary Loudermill Hearings: Prior to any discipline being imposed, the
employee shall be given the opportunity to meet with the Chief of Police or his designee,
personally or through an Association representative or attorney, to provide additional evidence
and/or mitigating circumstances related to the disciplinary action being considered. The City will
provide reasonable advance notice of the meeting and will respond to requests for information
related to the conduct leading to the proposed disciplinary action, including requests for copies
of investigation documents, witness statements, tape recordings and other information relied
upon as a basis for the proposed disciplinary action within a reasonable period prior to the
31
172
T
City of W oodbumIWP A
Tentative Agreement
meeting, consistent with PECBA and due process obligations. The City agrees not to decide on
the discipline to be imposed on the employee until after such a meeting.
D. Imposing Discipline: Any employee being disciplined will be given official written
notice of the discipline being imposed, including a summary of the factual conclusions; the
policy, procedures, standards violated and/or misconduct that occurred.
The employee and/or Association representative shall, upon request, be furnished with a copy of
the reports of the investigation which shall contain witness statements, tape recordings and other
materials relied upon to impose the discipline.
The City agrees to provide notice of intent not to discipline within a reasonable period, which
shall not generally exceed thirty (30) days from the date the investigation commenced. The City
may extend this period beyond thirty (30) days, depending on the complexity of the issues,
delays in collecting necessary information and scheduling witnesses for interviews, etc., as
necessary to complete the investigation.
E. Personnel Files: Disciplinary actions will be placed in employee personnel files and
removed from such files in accordance with Article 23 of this Agreement.
F. Officer Involved Shootings: The Department agrees to comply with the procedure for
officer involved shootings, dated 3-16-05, attached to this Agreement as Appendix B.
ARTICLE 26 - FUNDING
The parties to this Agreement recognize that revenue needed to fund this Agreement must be
approved annually by established budget procedures and, in certain circumstances, by a vote of
the citizens of the City of Woodburn. All compensation provided for by this Agreement is
therefore contingent upon sources of revenue, and where applicable, budget committee and voter
approval. The City will not reduce the compensation specified in this Agreement, because of
budgetary limitations. The City agrees to include in its annual budget request amounts sufficient
to fund the compensation provided in this Agreement. In the event that the City does not receive
the required budget committee or voter approval needed to fund the annual budget, the parties
agree to meet to seek possible alternatives to layoff and service reductions.
ARTICLE 27- SUBSTANCE ABUSE POLICY
The Woodbum Police Department implements the following Substance Abuse Policy to become
effective upon execution of the Agreement:
32
173
T
City ofWoodbumlWPA
Tentative Agreement
A. Purpose:
I. It is the policy of this Department that the critical mission of law enforcement
services justifies maintenance of an alcohol and drug-free work environment through the
use of a reasonable employee drug testing program and the enforcement of rules
prohibiting the consumption of alcohol or use of drugs which interferes with this mission.
2. The law enforcement profession has several uniquely compelling interests that
justify the use of employee alcohol and drug testing and other reasonable restrictions
designed to produce an alcohol and drug-free working environment. The public has a
right to expect that those who are sworn to protect them are at all times both physically
and mentally prepared to assume these duties.
3. Therefore, in order to ensure the integrity of the Department and to preserve
public trust and confidence in a fit and alcohoVdrug-free law enforcement profession, this
Department has adopted the following rules and procedures:
B. Applicant Drug Testing:
1. Applicants for employment in the Department shall be required to take a drug test
as a condition of employment during a post-offer/pre-work medical examination.
2. Applicants shall be disqualified from further consideration for employment under
the following circumstances:
a. Refusal to submit to a required drug test, or
b. A confirmed positive drug test indicating drug use prohibited by this
policy.
C. Prohibited Conduct:
The following conduct is strictly prohibited:
1. Buying, selling consuming distributing or possessing drugs or alcohol during
working hours, including rest and meal periods, except in conjunction with the
performance of work duties (confiscated evidence, approved undercover operations, etc.)
2. Reporting for work or returning to duty under the influence of alcohol or drugs. For
the purposes of this policy, an employee is considered to be "under the influence" of
alcohol if his/her alcohol concentration is .02 BAC or more. Alcohol concentration
levels measuring less than .02 BAC are considered a negative test result. An employee is
33
174
T
City ofWoodbum/WPA
Tentative Agreement
considered to be "under the influence" of drugs, if the employee tests positive for having
such substances present in his/her body.
In no event will an employee consume any kind of alcoholic beverages within four (4)
hours of the time he/she is scheduled to report for work. Where an employee is subject to
call-out and he/she has consumed alcoholic beverages within the preceding eight-hour
period, the employee shall be required to advise his or her supervisor of that fact, the
amount and when the alcohol was consumed.
3. Failing to promptly report arrests, convictions and/or plea-bargains for an alcohol
or drug-related criminal offense to the Chief of Police or his/her designee, irrespective of
the jurisdiction where such action was taken.
4. Failing to comply with Department directives regarding enforcement of this
Policy, including but not limited to refusing to promptly submit to required testing;
giving false, diluted or altered samples; obstructing the testing process; failing to comply
with rehabilitation conditions imposed by the Department or rehabilitation counselors
pursuant to Article VII of this Policy.
5. Failure to disclose use of over-the-counter or prescribed medication containing
controlled substance, as required by Section IV, below.
For the purpose of this Policy, "drugs" includes, but is not limited to the following controlled
substances: opiates, cocaine, marijuana (THC), phencyclinide (PCP), amphetamines!
methamphetamines and barbiturates. However, "drugs" does not include prescription and over-
the-counter medications that are lawfully prescribed and used in a manner consistent with a
physician's instructions and/or medication warnings.
Employees who engage in any prohibited conduct will be subject to discipline, including
discharge.
D. Disclosure of Medications:
Employees are responsible for consulting with their physicians and carefully reviewing
medication warnings, including any warnings pertinent to the effects of use of a combination of
medications. Employees who are using over-the-counter or prescribed medications which have
any reported side effects that could reasonably affect their ability to safely perform all essential
job duties must notify their supervisor of the substance taken and its side effects before reporting
for work. Medical verification of ability to safely perform job duties may be required before the
employee is allowed to continue hislher job assignment. Employees are eligible to utilize sick
leave benefits pending receipt of acceptable verification.
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances
which could reasonably impair the safe performance of essential job duties; illegally obtaining
34
175
T
City ofWoodbumlWPA
Tentative Agreement
the substance or use which is inconsistent with prescriptions or labels will subject an employee
to disciplinary action.
E. Emplovee Testing:
Employees will be required to undergo drug and/or alcohol testing as a condition of continued
employment in order to ascertain prohibited drug use, as provided below:
I. Reasonable Suspicion. A supervisor may order an employee to immediately
submit to a urinalysis test for drugs and/or a breathalyzer test for alcohol whenever the
City has reasonable suspicion to believe that the employee has violated the provisions of
this Policy concerning reporting to work or being at work "under the influence" of drugs
or alcohol.
"Reasonable suspicion" shall be defined as suspicion based on articulated observations
concerning the appearance, unusual behavior, speech, breath odor, body symptoms or
other reliable indicators that an employee has consumed drugs and/or alcohol in violation
of this Policy.
2. Soecial Assignments. A drug test shall be considered as a condition of placement
in special assignments within the Department and shall be administered prior to such
assignment where testing is required by the District Attorney. Such assignments will not
be used as a pretense for other types of drug testing.
3. Random. During the one year period, 25% of all persons covered by this Policy
shall be randomly tested for drugs during unannounced times.
a. The Chief of Police shall determine the timing of such tests.
b. Employee's will be randomly selected from a pool of employee
identification numbers by the Association President, and witnessed by the
Chief of Police.
c. Individuals selected for random testing shall be notified the day the test is
scheduled, preferably within two hours of the scheduled testing.
d. In the event the random testing of any employee is deferred because that
employee is in a leave status (sick, vacation, parental leave, etc.) or on
duty related travel status away from the City, that employee's test may be
deferred. However, any individual whose test is deferred shall be subject
to an unannounced test at any time within the following ninety (90) days.
35
176
T
City ofWoodbumlWPA
Tentative Agreement
e. Rehabilitation Treatment. Where testing is required pursuant to
Rehabilitation and Return to Work Agreement imposed by the City or an
employee's rehabilitation counselors, individualized suspicionless testing
may be required as outlined in that Agreement.
Urinalysis testing will be conducted for all types of drug testing and breathalyzer testing
will be conducted for all types of alcohol testing.
F. Testing Procedures:
I. All testing will be conducted at a laboratory certified by the federal DOT and shall
be conducted in accordance with the standards for procedural safeguards and testing
integrity disseminated by the NIDA. All drug tests will be conducted through collection
of a split sample. All positive drug tests will be confirmed by a second cross confirmatory
test from the same sample using GCMS testing methodology and reviewed by a Medical
Review Officer before the test result is reported as positive.
2. The other sample shall remain at the testing facility in frozen storage for a minimum
of 90 days from the date the test was conducted. This sample shall be made available to
the employee or his attorney, should the original sample result in a legal dispute or the
chain of custody be broken.
3. Whenever there is a reason to believe that the employee may have altered or.
substituted the specimen to be provided or the initial test was not determinative, a second
specimen may be obtained immediately, using testing procedures deemed appropriate by
the testing laboratory personnel.
4. If the confirmatory test is positive for the presence of a controlled substance, the
employee will have the option of submitting the split untested sample to a qualified and
certified laboratory of the employee's own choosing.
5. All records pertaining to department required drug and alcohol tests, as well as
compliance with rehabilitation terms shall remain confidential, and shall not be released,
except on a need to know basis, in accordance with applicable law. All documents
pertaining to testing and test results will be maintained in employee medical, not
personnel, files.
G. Searches:
The City reserves the right to conduct searches of City equipment or facilities generally, and may
search any area or item of City property directly connected to the Department's operation, as
well as personal property brought onto City property (such as desks, files, lockers, cabinets,
etc.), consistent with applicable law. Personal property, such as brief cases, lunch boxes, etc.
36
177
.,.
City ofWoodbumlWPA
Tentative Agreement
brought onto City property, as well as lockers, may be searched when the City has reasonable
suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may be found.
Prior to a search, notice will be given to the employee, who may elect to be present with an
Association representative, if such presence does not delay the search in excess of forty-five (45)
minutes.
H. Consequences of Violations:
I. Employees who Report Dependencies and Seek Assistance before Committing
Policy Violation - Rehabilitation.
The City encourages employees who have drug and/or alcohol dependencies or think they
may have such dependencies to seek assistance voluntarily. When an employee
voluntarily reports a drug or alcohol dependency to the Chief or his/her designee and
seeks assistance before violating this Policy, that employee will be placed on a leave of
absence or adjusted working hours to allow for in-patient or out-patient rehabilitation
treatment as recommended by a Substance Abuse Professional (SAP).
The employee will not be permitted to work until such time as a Substance Abuse
Professional agrees he/she:
a. Has been evaluated by a Substance Abuse Professional (SAP);
b. If recommended by the SAP, has complied with all-rehabilitation/after-
care prescribed; and
c. Has a verified negative drug or alcohol test (as applicable).
In order to return to work for the City, an employee seeking assistance must agree to all
treatment, rehabilitation, after-care and follow-up testing as set forth in a written
Rehabilitation and Return to Work Agreement required by the City. Any employee who
violates the terms of the Agreement is subject to immediate termination.
The time an employee is off work undergoing rehabilitation is unpaid. However,
employees may draw their unused, accumulated sick leave, and/or vacation pay, holiday
and compensatory time. Also, employees who are receiving health insurance coverage
will be eligible for continuation of health insurance benefits with standard City
contributions as required by the Family Medical Leave Act.
2. Employees who Report Dependencies and Seek Treatment after Committing a
Policy Violation.
37
178
T
City of W oodburnlWP A
Tentative Agreement
Employees who notify the City of drug or alcohol dependencies after violating this
Policy are subject to discharge, irrespective of such dependencies.
The eity may however, at its discretion, allow an employee to undergo evaluation and
rehabilitation in lieu of discharge, provided the employee promptly complies with the
terms and conditions set forth in Section C.l., above. The City will consider the
following factors in exercising its discretion: the employee's length of service; the
employee's work record, in particular, whether the employee has committed a previous
alcohol or drug policy infraction; the consequences of the violation; any other
circumstances offered by the employee that mitigates against discharge.
It is understood and agreed that the references to discipline and discharge set forth in this
Policy and the Rehabilitation and Return to Work Agreement are not intended to
supercede "just cause" requirements.
I. Revision and Repeal of Prior Policies:
Former General Order No.1, adopted September 7, 1999 is revised and replaced by this
Addendum as it pertains to employees of the Woodburn Police Department.
ARTICLE 28 - GRIEVANCE PROCEDURE
A. Definition: A grievance for the purpose of this Agreement is defined as an alleged
violation of this Agreement.
B. Time Limits: The time limits set forth in this Article shall be modified only by written
agreement signed by the Association and the City. Failure by the City to respond within a
specified time limit shall constitute rejection of the grievance at that step and thereby allow the
Association to proceed to the next step within the applicable time limit. Failure by the
Association to file a grievance or proceed to the next step within the time limit specified in each
step shall constitute termination of the grievance.
For the purpose of this Article, all references to "day" or "days" shall mean business days.
C. Procedure: In an effort to provide for a peaceful procedure for resolution of disputes,
the parties agree to the following grievance procedure:
Steo 1- Immediate Supervisor: The employee or the Association shall submit the
grievance in writing to the most immediate supervisor outside the bargaining unit within
fifteen (15) days from the occurrence thereof or the employee's knowledge thereof. The
written grievance shall include: I) a statement of the specific City action or lack of action
which is the cause of the grievance; 2) specific provision(s) of the contract by Article and
38
179
T
City ofWoodbumlWPA
Tentative Agreement
Section(s) violated; and 3) remedy sought. The supervisor shall make a written response
to the grievance within ten (10) days.
Step 2 - Chief of Police: If the grievance is not resolved in Step I, the grievance
shall appealed to the Chief within ten (10) days of the date the response was received
from the employee's immediate supervisor or within ten (10) days of the date that the
response was due if no timely response was received. All appeals must be made in
writing. The immediate supervisor shall forward to the Chief all materials submitted and
received regarding the grievance. The Chief or his designee shall review the materials,
conduct interviews and/or meet with Association representatives as deemed necessary
and shall issue a written response no later than ten (10) days from the date of receipt of
the written appeal.
Steo 3 - City Administrator: If the grievance remains unresolved, the grievance shall be
submitted in writing within ten (10) days of the date of the response was received, or
within ten (10) days of the date that the response was due if no timely response is
received, to the City Administrator by forwarding a copy of all materials submitted or
received at all prior steps to the City Administrator with a cover letter specifying that the
matter is being pursued to the second step. The City Administrator and his/her designee
shall meet with the Association within ten (10) days of receipt of the grievance and shall
make a written response to the grievance within ten (10) days of the meeting.
Step 4 - Arbitration: If the grievance is not resolved, it may be submitted within fifteen
(15) days of the date the response was received, or within fifteen (15) days of the date
that the response was due if no timely response was received, to the arbitrator in the
following manner.
1. The Association shall serve written notice to the City Administrator of
intent to arbitrate and on the same date request a fist of five (5) names
from the Employment Relations Board (ERB). Within seven (7) days of
receipt of the list, the parties shall alternately strike one (1) name from the
list, until only one (1) is left. The one (1) remaining shall be the arbitrator.
2. The arbitrator shall render a written decision within a reasonable time. The
powers of the arbitrator shall be limited to interpreting this Agreement and
determining if it has been violated. The arbitrator shall not have the
authority to alter, modify, add to, or detract from the terms of this
Agreement. The decision of the arbitrator, provided it is within the scope
of this Agreement, shall be final and binding on both parties.
Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties.
However, each party shall be completely responsible for the cost of preparing and presenting its
own case, including compensating its own representatives and witnesses. If either party desires a
record of the proceedings, it shall solely bear the cost of producing such a record.
39
180
r
City of W oodbumlWP A
Tentative Agreement
For the purpose of this Article, all references to "day" or "days" shall mean business days
(Monday through Friday, excluding holidays.)
ARTICLE 29 - SAVINGS CLAUSE
Should any Article, or portion thereof, of this Agreement be held unlawful or unenforceable by
any court of competent jurisdiction, such decision of the court shall apply only to the specific
Article or portion thereof, directly specified in the decision. Upon the issuance of such a
decision, the parties agree to negotiate a substitute if possible, for the invalidated Article or
portion thereof.
ARTICLE 30 - TERM OF AGREEMENT
This Agreement shall be effective upon the date of signing except that economic provisions shall
be retroactive to July I, 2005, for those individuals employed with the Woodburn Police
Department as of the date of signing this Agreement. Employees shall receive a separate
paycheck for retroactive pay from July 1, 2005 to the date of signing. Such amounts shall
remain in full force and effect through June 20, 2008, and shall also remain in effect through any
negotiations for a successor agreement. This Agreement shall not be modified in whole or in
part by the parties except by instrument, in writing, duly executed by both parties.
Executed this _ day of
, 2005.
FOR THE CITY
FOR THE ASSOCIATION
Signature
Signature
Title
Title
Date
Date
40
181
City ofWoodbumlWPA
Tentative Agreement
APPENDIX A
WAGES
Effective July 1,2005:
Step I Steo 2 Step 3 Step 4 Step 5
Trainee 3,375
Police Officer 3,536 3,725 3,901 4,107 4,296
w /Intermediate 3,713 3,912 4,097 4,313 4,511
w/ Advance Cert 3,890 4,098 4,292 4,518 4,726
Effective July 1, 2006:
Step I Step 2 Step 3 Step 4 Step 5
Trainee 3,477
Police Officer 3,643 3,837 4,018 4,231 4,425
w/Intermediate 3,826 4,029 4,219 4,443 4,647
w/ Advance Cert 4,008 4,221 4,420 4,655 4,868
Effective July 1, 2007:
Step 1 Steo 2 Steo 3 Step 4 Steo 5
Trainee 3,582
Police Officer 3,753 3,953 4,139 4,358 4,558
w IIntermediate 3,941 4,151 4,346 4,576 4,786
wi Advance Cert 4,129 4,349 4,553 4,794 5,014
41
182
-
City ofWoodburnlWPA
Tentative Agreement
APPENDIX B
OFFICER INVOLVED SHOOTING PROCEDURE
The Woodburn Police Association agrees with the Woodburn Police Department, that the
following procedure will be followed in the majority of officer-involved shootings. "Involved
officer" is defined as an officer who fired a weapon or made the decision to fire a weapon. Mere
observers are not "involved officers."
The procedure, in chronological order, is as follows:
1. The involved officer(s) will be allowed to contact their family members regarding
the incident.
2. The Woodburn Police Department will immediately remove/obtain clothing,
weapons and gun leather from the shooting officer(s). The Woodburn Police
Department will provide the involved officer(s) with a replacement weapon
pursuant to Woodburn Police Department policy.
3. The involved office(s) will be allowed to consult with the union attorney (via
phone) regarding the issue of a blood/urine draw.
4. After consultation, the involved officer(s) will notify the Woodburn Police
Department concerning their consent to the blood/urine draw.
5. If consent is provided, the Woodburn Police Department will arrange and conduct
the blood/urine draw without any interrogation or questioning.
6. After the blood/urine draw, the involved officer(s) will be afforded an opportunity
to view the scene. The viewing of the scene will not interfere with the integrity of
the crime scene investigation. The involved officer(s) may view the scene
accompanied by his/her union attorney ifhe/she desires.
7. After viewing of the scene and an opportunity to consult with the union attorney,
the involved officer(s) will provide a preliminary statement. A preliminary
statement will describe the basic events of the incident. Conclusions will generate
questions to clarify the actual facts, which support the conclusion.
8. The involved officer(s) will provide a detailed statement to the investigating
agency within 48 hours of the event.
42
183
T
City ofWoodbumlWPA
Tentative Agreement
Both the statements provided in (7) and (8) above shall be voluntary, and not pursuant to any
department directive. Neither the request for a statement nor the statement itself shall be
construed as granting any type of immunity from administrative or criminal sanctions.
Woodburn Police Department Chief
Woodburn Police Association
Date
Date
43
184
T
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE
BARGAINING AGREEMENT WITH THE WOODBURN POLICE
ASSOCIATION EFFECTIVE JULY 1, 2005 THROUGH JUNE 30, 2008.
WHEREAS, the purpose of said labor negotiations is to reach an agreement on
matters relating to wages, hours, working conditions, and fringe benefits for certain represented
employees, and
WHEREAS, the City of Woodburn and the Woodburn Police Association have
bargained in good faith and understand the personnel, financial, and organizational impacts
related to said agreement, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Administrator are authorized to execute and
administer on behalf of the City of Woodburn the "Agreement Between the City of Woodburn
and Woodburn Police Association", once the agreement is in an approved and final form based
on the tentative agreements between the two parties.
Approved as to Form:
City Attorney
Date
APPROVED
KATHRYN FIGLEY, 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.
185
T
~'""\'\
".. "ii::'1W':
...., '~[:r: ~~:.~
WQ.QDBURN
J If ( 0) r /' .' , a I (.J , ,If j .,
liD
~~
.
.
November 2. 2005
TO:
FROM:
Honorable Mayor and City Council through City Administrator
Public Works Directo;o~~ ~.
POTW Superintendent '1n~ ~
Wastewater Treatment Interim Headwork Loading Limits
SUBJECT:
RECOMMENDATION:
Adopt the attached resolution authorizing Wastewater Treatment Plant utilization of
Department of Environmental Quality approved Interim Headwork Limits.
BACKGROUND:
Headwork Loading Limits are calculated by the Wastewater Treatment Plant staff as
part of Local Limit calculations. Local Limits are prohibited sewage discharge limits.
imposed on all users of the wastewater treatment plant and collection system. The
Headwork Loading Limits are pollutant loads. in pounds per day, which the Wastewater
Treatment Plant can accept and treat successfully. Any pollutant loading in excess of
the limits. probably cannot be treated successfully by the wastewater treatment plant.
Wastewater Treatment Plant staff submitted to DEQ on September 30. 2002 draft Local
Limits calculations for review. Newly calculated Headwork Loading Limits were
included in the submittal. As part of the 2005 pretreatment audit. DEQ recommended
that the POTW elect to use the 2002 Headwork Loading Limits on an interim basis, until
the new Local Limits are approved. The 2002 Headwork Loading Limits are less stringent
that the currently used 1995 calculations.
DISCUSSION:
The new calculations are less stringent because the new Wastewater Treatment Plant is
more efficient in removing pollutants from the wastewater. By using the less stringent
limitations, the City will be less likely to violate water quality standards. If the treatment
plant consistently does not meet Headwork Loading Limitations for a pollutant
parameter. then DEQ requires the implementation of extensive testing and pollution
prevention programs. It is to the City's advantage to use the interim limits until DEQ
approves the 2002 Local Limits.
FINANCIAL IMPACT:
There are no financial implications with approval of the Headwork Loading Limits.
Agenda Item Review:
City Administrat
City Attorney _
Finane
186
~
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE WASTEWATER TREATMENT PLANT TO ELECT TO USE
DEPARTMENT OF ENVIRONMENTAL QUALITY APPROVED INTERIM HEADWORK LOADING
LIMITS.
WHEREAS, the City wishes to protect the public health and environment from the
discharge of treated wastewater effluent to the Pudding River: and
WHEREAS, the efficiency of the City's new Wastewater Treatment Plant allowed
updated Headwork Loading Limits calculations that were submitted to the Department
of Environmental Quality on September 30, 2002 and resulted in less stringent Headwork
Loading Limits: and
WHEREAS, in the 2005 Control Authority Pretreatment Audit Checklist Section H(E.)
(3.) (d.), the Department of Environmental Quality recommended that the City elect to
use the less stringent September 30, 2002 Headwork Loading Limits on an interim basis
until Local Limits submitted to DEQ on September 30, 2002 are finalized and approved,
NOW THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn elects, pursuant to Department of
Environmental Quality approval. Control Authority Pretreatment Audit Checklist Section
II (E.) (3.) (d.), to use the September 30, 2002 calculated headwork load limitations as
interim limits until Local Limits submitted to DEQ on September 30, 2002 are finalized and
approved.
Approved as to form:
~.~~
City Attorney
/1/ ?lzaoY;
Dat~ .
Approved:
Kathryn Figley, 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 1 - Council Bill No.
Resolution No.
187
T
ac6~~
~fu~
WOODBURN
l~(~r~oralld '8'9
liE
~9~
.
.
November 7, 2005
FROM:
Mayor and City Council through City Administrator ~
Randy Scott, Senior Engineer Technician, Through the Public WorKS S
Director V.
TO:
SUBJECT:
Acceptance of Public Rights of Way & Public Utility Easement
RECOMMENDATION:
It is being recommended that the City Council accept the attached Public
Rights of Way as described on Attachment "A" and the Public Utility Easement
as described on Attachment "B".
BACKGROUND:
The five foot wide Public Right of Way and the five foot wide Public Utility
Easement are being conveyed to city by Marion County Housing Authority as a
condition of land use approval in conjunction with Hazelwood Estates, a 32 unit
Senior Housing, Community Development Design Review case file 05-05,
Variance 05-09, 05-13 and Exception 05-01. The subject property is located at
825 Carol Street. Carol Street Right of Way currently varies in width between 45 &
40-feet. This dedication will provide an additional five feet of width adjacent to
the subject site.
DISCUSSION:
Section 3.101 of the Woodburn Development Ordinance as a part of access
land use approval requires the applicant to provide the full right of way for the
boundary street as identified in the Woodburn Transportation System Plan, Carol
Street is designate as a local Street, which requires 60 feet of right of way. The
land use approval of Exception 05-01 allowed the applicant to lessen the
requirement of dedication from 60 feet to 50 feet, 5 feet additional from both
sides of Carol Street.
FINANCIAL IMPACT:
There is no financial impact with the recommended action
Agenda Item Review: City Administrat
City Attorney
188
1
Mayor and City Council
November 7, 2005
Page 2
.
.
Included as Attachment "A" is the properly signed Right of way Dedication and
map
Included as Attachment "B" is the properly signed Public Utility Easement and
map
,f}
r"
'0
'"
'0
o
'"
..
0 r, ,t)
'" . ~ ..
., ,(, tfl
.
..
",
."
o
'0
'"
..
'0
o
"')
'n
S'
<0
;;:
'D
VICINITY MAP
189
1
ATTACHEMENT "A"
WARRANTY DEED
GRANTOR, MARION COUNTY HOUSING AUTHORITY, A PUBLIC BODY
POLITIC INCORPORATE, conveys and warrants to GRANTEE, CITY OF
WOODBURN, a municipal corporation of the State of Oregon, the hereinafter
described real property, free of encumbrances except as specifically set forth
herein, situated in Marion County, Oregon.
Consideration: The true and actual consideration for this transfer is $0.00.
Tax Statements: Until a change is requested, all tax statements shall be
sent to the following address: City of Woodburn, 270 Montgomery Street,
Woodburn, OR 97071.
Person authorized to receive the instrument after recording: Mary Tennant,
City Recorder, 270 Montgomery Street, Woodburn, OR 97071.
The real property conveyed by this deed is legally described as follows:
See Legal Description attached as Exhibit "A" which is by this
reference incorporated herein
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 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.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH,
IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR
SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING
OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES.
BEFORE SIGNING OR 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 EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES.
DA TED this 9 day of Sq; Ie /1 6-t r
.2005
Warranty Deed
Page 1 of 4
190
"I
MARION COUNTY HOUSING
AUTHORITY
~~
I \
BY: ./C!.-:.
DENNIS C. KILFOIL .
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON, County of iY\:lr~ uV\ ) ss.
The foregoing instrument was acknowledged before me this q ~..... day of
~ e M be ~ 20a::r by Dennis C. Kilfoil, as Executive Director of
Man n County Housing Authonty a public body politic Incorporate and the
foregoing instrument was signed and sealed on behalf of said corporation by
authority of its Board of Directors; and each of them a nowledged said instrument
to be its voluntary act and deed.
_OFFICIAL SEAL
CHERRt HARP
'. ' NOTARV PUBLIC . OREGON
". ...'l. COMMISSION NO. 394715
MY COMMISSION EXPIRES JULY 13.2009
aTARY~C FOR OR ON
My Commission Expires: t'-J-J 3- n 9-
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of
) ss.
The foregoing instrument was acknowledged before me this
day of I 20_ by
Warranty Deed
Page 2 of 4
NOTARY PUBLIC FOR OREGON
My Commission Expires:
191
"I
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn
after authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and clear from taxes. liens,
and encumbrances.
City Recorder:
Mary Tennant
Warranty Deed
Page 3 of 4
192
1
EXHIBIT "A"
Legal Description
All that portion of Parcels I and II described in Reel 2110, Page 473 of Marion
County deed records, which lies east of a line parallel with and 25.00'
perpendicular to the centerline of Carol Street, said centerline being coincident
with the east line of said Parcels I and II, said portion also being the east 25.00' of
said Parcels I and II, all lying in the Northwest ~ of Section 17, and Southwest ~
of Section 8, Township 5 South, Range 1 West, Willamette Meridian, City of
Woodburn, Marion County, Oregon and containing 2739 square feet, more or less.
REGISTERED
PROFESSIONAL
L 0 VOR
OREGON
JANUARY 17. 199~
L. M ~eALLEN
RENEWAL 12/~1/2005
Warranty Deed
Page 4 of 4
193
~
/"
"
j
:II
1
.
:.:
...
1,..0-
,.......- ~'\. ~
~\~~
~:\,1.i\
(, :l(l.;', 'e' ~ :., II
~. .:I,
,,":J
, \0
x," c,x,
~C <( ~
<(~ ,~.
1>
~x,X-"
" It-", ,.." ,"" 91
.....0'\
'/.
:v
:\ \0" ":J
<.-x,"~~
g <(
<(V,,()'
1.:
((,x,"
<{.
" ',"1" 1/ I
"'l
. ...... 'n
I
.'~" I . U ..
I
T '~-1'
t,
r I
F I
r: '
r I
F '
( I
lJl',..r Y lIJ.w-t',.:f- I'
L'lr" .\1.", r ..,
I' .... ~
I,',: i'l~
.: t- ..
t dj;
1 ~_\
r u'-
r r
f I
\' 1000 I :0.",
t: '1~C.
l,::: I
f: ~'I
!; .
!3 ~
h I
(: I
f '
I~: I
f' I
I:r !
(:( I
p
I:~ Ii 'IJ!
r: ;J. !1
(, .:. It- - _WILLIAMS AVENUE
r: .. I: -1O'1r'CHT'OT ;,rr--
pi b
Iii Z i"
f '
t 1
1: "1mT
p ,
r1 !
F I
(:i
r 10 ~ I' 1', 'N
'1-
, '1t',..1 , tI't-.:;~ .
fA '01' ."'" i' I
,.. I
I I
t., '.
t~ 'I'
I
I \
I I
I .
I I
I I
\ I
II ~_.::.}
I
I
I .....
I
194
MARION COUNTY HOUSING AUTHORITY
l ~ '~.:. 'l
NORTHWEST t/4 OF SECTION 17
MJ)
SOUTHWEST 1/4 OF SECTION 8
TOWNSHIP 5 SOUTH. RANGE I WEST
WILLAMETTE MERIDIAN
CITY OF WOODBURN
MARION COUNTY. OREGON
Au(;lJS T :,\1~
I
Nil[ 10 :;C.ll r
Q ... ,t:i'
.....o...#"
.;.+
c,'"
~ ...,,,,
0'" ..4J'
........""
V'
,,'"
r~l
~
P(/{'We.J1
..... ,,'
,-' "
'....',',.
".. .. I
,,' T'"
1
ATTACHEMENT "B"
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn. OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
(Permanent)
MARION COUNTY HOUSING AUTHORITY. A PUBLIC BODY POLITIC
I NCOPORATE, GRANTOR. grants to the CITY OF WOODBURN, OREGON,
hereinafter called CITY, a permanent easement and right-of-way. including the
permanent right to construct, reconstruct, operate, and maintain franchise utilities on the
following described land:
See attached Exhibit "A" Legal Description of Permanent Easement and
attached Exhibit "B" Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
property to its original condition and shall indemnify and hold GRANTOR harmless
against any and all loss, cost, or damage arising out of the exercise of the rights granted
herein.
The true consideration of this conveyance is zero dollars ($0), and other valuable
consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
Public Utility Easements (Permanent)
Page 1 of 4
195
..
EXHIBIT II A"
Legal Description of Permanent Easement
A strip of land 5.00 feet in width. being a portion of Parcels I and II described in Reel 2110, Page
473 of Marion County deed records. the cast line of said str~p being a line which is parallel with
and 25.00 feet perpendicular to the centerline of Carol Street. said centerline being coincident
with the cast linc of said Parcels I and II. said portion also being the east 30.00 feet of said
Parcels I and II. excepting the east 25.00 feet thereof. all lying in the Northwest II. of Section 17.
and Southwest II. of Section 8. Township 5 South, Range 1 West, Willamette Meridian. City of
Woodburn, Marion County, Oregon and containing 2739 square feet, more or less
REGISTERED
PROFESSIONAL
LA SU YOR
RENEWAL 12/:51/2005
Public Utility Easements (Permanent)
Page 4 of 4
196
..
,'., ,Ot" ' -
r~ .
v-
s too ~l .\to-: .'.,..
~.\.."
~
<>
.\
,,")
, \..0
~'v Gx"
~(] <? ~
<?l;>l \<:).
1-"
~~~'v
:l
A
c
i~
"
!-c
"
('"
'" ....., )ft, II 1tl, '"
.......
'4:
.f
\ \..0"")
x>~~}-
<1C <? y-
<?V \\')'
1-
r~'v
'<<~
" ',',",.. I
\.
MARION COUNTY HOUSING AUTHORITY
l'ING IN
NORTHWEST 1/4 OF SECTION 17
AJ.Cl
SOUTHWEST 1/4 OF SECTION 8
TOWNSHIP 5 SOUTH. RANGE I WEST
WILLAMETTE MERIDIAN
CITY OF WOODBURN
MARION COUNTY, OREGON
AuGuS T zOO!>
. . I. .
, .
I
IT "\:.,-.,1'
II I
II
: I '
II I
II ,
rl~1
,...(~ '
: :;;I~
I ~'I~
tv.::
I I 5'1....
I llC-
1 <<1:.'.
! i U(
U I:'
II i :':'.
II
II '
rf }I
1':1 .
II I
:1 '
1:1 I
II
rl '
[t !
bl I
11" 'I~,
11'\ -,
1".1 '.' t;-._~ILLl~S AVENUE
f' -9t I: ')f);r1~"'4~ ifJ.-'-
II '
I.J~: f:
hi ,"
j] !
II !
~ -T"1
d i
1,1 '
d I
II .. i ,'"
" r.,+ '
ll~
:1 '
II:' ,I
II" :;j
II '
i I I
d I
II '
II I
d '
P I
I! f
I
I
I
q \,do"
o\~'
".... \~-
\~
<,
,0 ...~'
"o"'~)'
.,p"
,\
,
r~l
l~J
.. .
197
il
NOT 10 SU.l r
p,/CWe.J1
','_' I...,' o' , ., . ., ...,.. ~"
4"""0 '011" ". ',. '/0 0,
"-J.... ,.'" ,'.,0'
,.' "4"'.
... I" ,. '1 ,",',
......... It 0'" j', I' . . ./1
" ",.. ... ,. ..
1
DATED this d day of
!;(LJk ~br I 20~.
I
MARION COUNTY HOUSING
AUTHORITY
BY: ~ C-
DENNIS C. KILFOIL
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON. County of JY\~r\(jv\ ) ss.
The f regoing instrument was acknowledged before me this ~ day of
20~ by Dennis C. Kilfoil, as Executive Director of Marion
Cou ty Housing Authority a public body politic incorporate and the foregoing instrument
was signed and sealed on behalf of said corporation by authority of its Board of
Directors; and each of them acknowledged said instruJllent to be its voluntary act and
deed.
_OFFICIAL SEAL
. CHERRI HARP
, . NOTARY PUBLIC . OREGON
_.:it, COMMISSION NO. 39-'715
MY COMMISSION EXPIRES JULY 13,2009
Public Utility Easements (Permanent)
Page 2 of 4
198
"I
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON. County of
) ss.
The foregoing instrument was acknowledged before me this
day of .20_ by
NOTARY PUBLIC FOR OREGON
My Commission Expires:
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn after
authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and clear from taxes, liens, and
encumbrances.
City Recorder:
Mary Tennant
Public Utility Easements (Permanent)
Page 3 of 4
199
"II
f-~~
~w.
WOODBURN
t~'o'pC'd'td 1339
llF
~.!Jknv
.
.
November 7, 2005
FROM:
Mayor and City Council through City Administrator ~
Randy Scott, Senior Engineer Technician, Through the Public works",
Director
TO:
SUBJECT:
Acceptance of Public Storm Sewer and Public Water Main Easement
RECOMMENDATION:
It is being recommended that the City Council accept the attached Public
Storm Sewer Easement as described on Attachment "A" and the Public Water
Main Easement as described on Attachment "B".
BACKGROUND:
Both easements are being conveyed to city by Oregon Golf Association as a
condition of land use approval in conjunction with The Links at Tukwila Phase IV
Planned Unit Development, Community Development PUD Review case file 04-
03, Variance 04-11, 04-12, 04-13, 04-14 and 04-18. The 20 foot wide storm sewer
easement is to convey storm water from the Phase IV development by a piped
system to the existing natural drainage way. The 15 foot wide water main
easement is to construct a water main though the OGA property providing a
looped water line system for phase IV. Both facilities will be constructed and
funded by the property owner, Renaissance Develop Corporation.
DISCUSSION:
Section 3.102 of the Woodburn Development Ordinance requires as a part of
land use approval required easements for municipal facilities located on private
property be provided per Public Works Standards. Both easements are third
party easements, acquired from the OGA by the developer, Renaissance
Development Corporation subject to the land use requirements. The easements
have been provided to the city prior final plat approval.
FINANCIAL IMPACT:
There is no financial impact with the recommended action
Agenda Item Review:
City Administrat
City Attorney _
Finane
Yl
200
..
Mayor and City Council
November 7,2005
Page 2
.
.
Included as Attachment "A" is the properly signed Storm Sewer Easement and
map
Included as Attachment "Bft is the properly signed Water Line Easement and
map
VICINITY MAP
201
1
HtGO JUN 06 2005
.J"">
..1'... ... r-,' .
~-.l \.,' ~. ~.,..
AFTER RECORDING RETURN TO:
JUN I) (J
;:111~
'.'
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn. OR 97071
',.,
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
(Permanent)
Oregon Golf Association GRANTOR, grants to the CITY OF WOODBURN,
OREGON, hereinafter called CITY, a permanent easement and right-of-way, including
the permanent right to construct, reconstruct, operate, and maintain a public Storm Line
on the following described land:
See attached Exhibit I~ H Legal Description of Permanent Easement and
attached Exhibit "BH Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
property to its original condition and shall indemnify and hold GRANTOR harmless
against any and all loss, cost, or damage arising out of the exercise of the rights granted
herein.
The true consideration of this conveyance is, One Dollar ($1.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
Public Utility Easements (Permanent)
Page 1 of 6
202
I
DATED this 3 day of T '--
.-
,20~.
Oregon Golf Association
r
k".gtt:.
Tim Stetson
Director
BY:
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of ~lvvi()t~ ss.
The f regoing instrument was.$knowle
day of 1::; 120..Q!L by
_OFFICIAL SEAL
\! R BRUCE
..... .,/ NOTARY PUBUC-0REGON
COMMISSION NO 364826
MY COMMISSION EXPIRES JANUARY 20. 2007
~-r:1}:Vt~
NOTARY pustfc FOR OREf20N
My Commission Expires: \ I/t) I (;1
I '
Public Utility Easements (Permanent)
Page 2 of 6
203
...
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn
after authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and clear from taxes, liens, and
encumbrances.
City Recorder:
Mary Tennant
Public Utility Easements (Permanent)
Page 3 of 6
204
T
EXHIBIT "A"
9755 SW Barnes Road, Suite 300
Portland, Oregon 97125
503.626.0455
Fax 503.526.0775
AN A.CD Ca..~......
APRIL 19, 2005
LEGAL DESCRIPTION
20.00' WIDE OFFSITE STORM DRAIN EASEMENT
"THE LINKS AT TUKWILA PHASE IV"
PROJECT NO. 31019
A 20.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SOUTHWEST ONE-
QUARTER OF SECTION 5 AND THE NORTHWEST ONE-QUARTER OF SECTION 8.
TOWNSHIP 5 SOUTH, RANGE 1 WEST OF THE WILLAMEITE MERIDIAN, CITY OF
WOODBURN, MARION COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 98 OF THE PLAT "THE LINKS
AT TUKWILA - PHASE III", SAID CORNER ALSO BEING ON THE EASTERLY LINE OF
PARCEL 3 OF PARTITION PLAT NO. 2000-37, BOTH PLATS RECORDED IN THE
MARION COUNTY BOOK OF TOWN PLATS; THENCE NORTH 44002'45" EAST ALONG
THE SAID EAST PARCEL LINE, 72.85 FEET; THENCE NORTH 26035'01" EAST. 20.77
FEET TO THE POINT OF BEGINNING. THENCE LEAVING SAID PARCEL UNE SOUTH
340) 5'30" EAST, 426.04 FEET; THENCE NORTH 55044 '30" EAST, 20.00 FEET; THENCE
NORTH 340) 5'30" WEST, 437.20 FEET TO SAID EASTERLY PARCEL UNE; THENCE
SOUTH 26035'01" WEST ALONG SAID EASTERLY PARCEL UNE, 22.90 FEET TO THE
POINT OF BEGINNING.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 11, 2000
MICHAEL H. HARRIS
57863
RENEWAL: JUNE 30, 2005
1'l'rolcCI,',J{cnal,sancc Development CnrpmallonlJlOI'J TlJKWIL^ f'I,^SE J'.()fliceIWnrdIOFFSITE Sf) ESMT Icgal041'1 11,1<:
whpaciflc com
planners
surveyors
205
engineers
landscape archItects
...
EXHIBIT "B"
POINT OF COUUENCfJlENT
sou THE AS T CORNER or
tOT 98 OF "THE LINKS AT
TUKWltA - PHASE /II"
'THE LINKS AT TUKWlLA - PHASE "t"
LO T 98 ...,;~
-<:)'\.
....
~
PARCH 3
PARTITION PLA T NO 2000-37
r
~
N
I
-~-
I
NO T TO SCALE
~
'.
~
.
'.
''>
,
<:
ii
OAIC If' II(V
~ j
~
CHCCI<CD 1fT
APP"OVCD f1T
....01 DATC O~/"/05
RCvrS/Ofol C/I"
II
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LINKS AT TUKWILA - PHASE IV
OFFSITE STORM DRAIN EASEMENT
DC SIGNCO f1T
nRAWH ",. ftlHH
LAST C{)II
----4-
1 I
--- ~---+--
,
t~--___
... ,. ..... ....
--
~-ft4'
--
--...
--
ORCGOO<
PROJ[ C T /.1(, O~I\W'/.I:. 'II' IJAI,/'
31019 3 Ol9-SUf?V-PLAT4, we
~.,u- 1 II
"'II
At\,; u u lJ ,.. v... ,uu~
AFTER RECORDING RETURN TO:
J_ '="~ ".
N : \.
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
JUN 0 ~l' '~
\\ .
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
(Permanent)
Oregon Golf Association GRANTOR, grants to the CITY OF WOODBURN,
OREGON, hereinafter called CITY, a permanent easement and right-of-way, including
the permanent right to construct, reconstruct, operate, and maintain a public Water Line
on the following described land:
See attached Exhibit "A" Legal Description of Permanent Easement and
attached Exhibit "B" Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
property to its original condition and shall indemnify and hold GRANTOR harmless
against any and all loss, cost, or damage arising out of the exercise of the rights granted
herein.
The true consideration of this conveyance is One Dollar ($1.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
Public Utility Easements (Permanent)
Page 1 of 6
207
1
DATED this ') day of J~
120~.
Oregon Golf Association
BY: '_('\.:' Xt;:t:
Tim Stetson
Director
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of MCi\;V ,"~ ss.
The fO~Oing instrument was ~n~efore>li-1~ ~
day of , 20 lJ!2.. by .-/
. OFFICIAL SEAL
R BRUCE
1 NOTARY PUBLlC-OREGON
',./ COMMISSION NO. 364828
MY MMISSION EXPIRES JANUARY 20, 2007
1Z/~tZ/
NOTARY PU' C FOR OREfrPt
My Commission Expires: l ~ 01
I
Public Utility Easements (Permanent)
Page 2 of 6
208
..
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn
after authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and clear from taxes, liens, and
encumbrances.
City Recorder:
Mary Tennant
Public Utility Easements (Permanent)
Page 3 of 6
209
EXHIBIT "A"
975S SW Barnes Road, Suite 300
Portland. Oregon 97225
503.616.0455
fax 503.516.0175
A.. ....ca cctaot_.....
APRIL 19, 2005
LEGAL DESCRIPTlON
15.00' WIDE OFF SITE WATER LINE EASEMENT
''THE LINKS AT TUK WILA PHASE IV"
PROJECT NO.3 1019
A 15.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF THE SOUTHEAST ONE-
QUARTER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE I WEST OF THE
WILLAMETfE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 53 OF THE PLAT "THE LINKS AT
TUKWILA - PHASE II", SAID CORNER ALSO BEING ON THE BOUNDARY LINE OF
PARCEL 3 OF PARTITION PLAT NO. 2000-37. BOTH PLATS RECORDED IN THE
MARION COUNTY BOOK OF TOWN PLATS; THENCE NORTH 70018'00" WEST ALONG
THE NORTH LINE OF SAID LOT 53, 4.92 FEET; THENCE LEAVING SAID LOT LINE
NORTH 25041'46" EAST, 313.29 FEET; THENCE NORTH 09022'13" EAST, 6.71 FEET TO
THE BOUNDARY LINE OF SAID PARCEL 3; THENCE ALONG SAID PARCEL LINE
SOUTH 80037'47" EAST, 15.00 FEET; THENCE LEAVING SAID PARCEL LINE SOUTH
09022' 13" WEST, 8.86 FEET; THENCE SOUTH 25041'46" WEST, 313.87 FEET TO THE
NORTH LINE OF LOT 54 OF SAID PLAT "THE LINKS AT TUKWILA - PHASE II";
THENCE NORTH 70018'00" WEST ALONG SAID NORTH LOT LINE, 10.16 FEET TO THE
POINT OF BEGINNING.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
$~~
OREGON
JULY 11, 2000
MICHAEL H. HARRIS
57863
RENEWAL: JUNE 30. 2005
1\I'r<JJectsll<cna,,\ancc Development Curporatlon\J I 01 Q Tl JK WIL^ f'1I^SE )\OrficeIWorej\()FFSITE 1120 ESMT Iclla11l411) dlK"
whpacillc com
planners
surveyors
210
engmeers
landscape archllects
-.
Yo
~~
'.
EXHIBIT "B"
PARCH 3
PARTITION PLA T NO. 2000-37
~
~.
-.)'
.~
.~
.~
/(/
C?
"s
.00'
/5,00' WIDE PUBLIC
WA T[R LINE EASEMENT
N7018'OO.W
53 4.92; /
1/
15,00' PUBLIC WA TfR LlNf...--j
EASEMENT PfR 'TH[ UNKS / J /
AT ruKIlILA - PHASE III'
CH(CKfD E1Y
~DBY
PLOT DAT( 04/"/0'
/ll vrS/OOI
CI<
"TH[ LINKS AT TUKWILA - PHASE
Of SIGNCD flY
ORAWN f1't' WHH
lAST (DlT
OAT( BY /ll V
; I I
._.---~--I ~~-==--r
, ,
-.-.-.__________~___._..________ t
II
... .. ...... j-
--
...--p,,,
--
-- ...
--
~
N
I
-5-
I
NO T TO SCALE
EXHIBIT B
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LINKS AT TUKWlLA - PHASE IV
OFFSITE WA TER LINE EASEMENT
OII(GON
flROJr r ~ W, {jRA. WINC, r IL[ NIlM[
Jl019 J Ol9-SURV-PLAT4. we
',"I" 1 I'
,
November 10,2005
TO:
FROM:
SUBJECT:
Mayor and Each <ri~~cilor
John C. Brown~
Community Cente~ Sale Information
My staff report on the Community Center sale indicated, with respect to the offer submitted by
Chay, LLC, that information regarding their proposed use of the facility was not received by
the time of writing. The attached document was submitted Thursday morning, after the report
was completed and the agenda was compiled. It's provided to you as additional information
for your consideration of this item at Monday's public hearing. Please call me if you have any
questions.
Thanks.
JCB
I
-
.L, ~
CIJ~
-f..I~
5~
u~
~,
<(~
c ~
.s.... ~
::s~
..a~
-t1~
o .~
o~
~~
T
~
...J
<
I
U
~
Q
~
Z
lLJ
""
lLJ
oL.
0.
~
c
::s
o
.....
~
U
ro'
cO
U
.....J
.....J
>.
ro'
......c:
U
V"I
(\f
-c
V~
I-f-J
V"I
. (\f
~c..
(\fV
:3-c
-cr -f-J
(\fJ....
J.... 0
~
LUV"I
LU~
V :3
-f-J -f-J
(\fC
-f-JV
V\>
V C v
. " C -f-J
........ V (\f
:3 a..~
. (\f (\f v
N .~ .~--ro-
~~ -cr~
~ '-+- C -c
~ 0 (\f -f-J
V"I '-
CU -f-J t 3=
U 5 (\f -cr
c-cr vC
'_ V"I C (\f
V) v '-4:: V"I
J.... C E
V) (\f ._ J....
V) C -cr '-4::
CU V C-c
C V :3 U
'if) ~ E ~
~ (\f m I
...,j -c ....::L :.....c:
-0 ~ u .~
(\f-c
-cr 'E ~ 0
CU \.!! V"\ \4::
C V"\ (\f 0
">, .....r:
:> ~ ~LU
0...8' (\fU
U -c (\f
~ .'f:.Uc
~ ~~.\-Q)
E :E ~:El{
(\j .:.
l.L
o
o
~
~
(\f
c..
V
-c
-f-J
J....
&
C
o
m
v
J....
o
.:.
<>
-cr
C
(\f
C
o
:p
(\f
J....
o
-f-J
V"I
V
J....
u
'-
c
o
V)
(\j
~
c
CU.~
c -cr 4J
~ C ~
o (\j CU
1~ 2
C (\j Q.. n..
5 Iw (\j
v -cr V'\ ~
..0 - '--+- ::s
~ 0 0 ~
-c ~ CU ::s
-g 'f:. ~ C .~
(\f (\f 'V ~ ~
~~ ~ 0 m
...8'o+-e(\j
::t Q t c
J.... > V-" :;; (\j
~ 0 -cr (\j -cr
'Q~ ~ I ~
J.... V"\ o-cr 0
~tJ _ c _
~.~ CU (\j CU
v E >-c >
-c c.. CU -f-J CU
-f-J -f-J -cr ~ -cr
V"\ C "'"'
:= v ~ l" , ~
cE- c- .
c.. - - -cr
.;;...Q '--? 0 \. 2 0
,::: v V) CU V) 0
'f:. V\ 51 V) - V)
(\f ~ -cr CU n.. CU ~
~~~ U E U ~
U U CU
::s L CU ::s -C
V'\ r- V'\ V'\
(\f
:p
C
v
-cr
V"\
V
J....
.:.
<>
<>
V)
m
c
'-
-cr
-
'-
::s
-0
U
'-
~
o
-1-J
V)
'-
-C
-cr
-
o
.
n..cu
o ::s
--
CU (\j
> >
CU~
-cr -1-J
'-
o c
-1-J::s
-crE
:t3E
'- 0
E U
E CU
o U
U C
(\j
>-C
c
(\jCU
'-
U 0
C-1-J
~-cr
'- c
l.L(\j
<>
T
--.,.
~
--J
>-
<(
:c
u
>-
c:o
Q
~
Z
L.l.J
V'\
L.l.J
cI.
0..
.~
--,
.
QJ
:J
QJ I
1 (\j
.- >
~ >-.
roS-f-J
.-
~ ~ C
U :J
.S: E
t E
tf) 0
-f-J U
C
QJ QJ
E -~
C-m
q C
QJ .-
.- > >
QJ ~
.- . U ~
> QJ
o ~
~ C-
D-
--
QJ
-1-'
(\j
-1-'
tf)
QJ
c
o
--..
VI
tn
--...
~\5
QJ
U
-
~\5
(\j
t
QJ
:J
I
(\j
>
m
c
--
E
.s...
::s
o
~~
."-~'
~
...J
>-
-<
:c
u
~
Q
LLJ
I-
Z
LLJ
V\
LLJ
cL.
a..
T
s.::
rt1'
.
a..
~
Q)
U1
o
a..
o
.L.
a..
.s...
:3,
o
.
~
4J
.-
-
.-
u
"-~
Q)
-C
4J
Q)
4J
(\j
J....
ClJ
C-
o
o
4J
4J
C
(\j
C
ClJ i.:
4J 0
V 0
~CC
(\j c
E .ro-
<(~
<> <>
m
c
'-
J....
Q)
-f-J
ro-
... u
C-cr
o Q)
:P-cr
ro--cr
u ro-
::s ,
-crQ)
Q) ::s
... ~
-e >
ro- -cr
Q) C
> ro-
'- ...
-f-J lJ)
ro-~
~ ro-
U m
J.... C
~.- -
J.... E ~
<U J..... U
-f-J & 'S;:
C J.... J....
Q) Q) Q)
U C- lJ)
~
c
'-
,
Q)
>
.-
o
-f-J
~
Q)
>
c
o .
U-f-J
>-..c
- ro-
..n C
'- Q)
~+'
o J....
c-~
J.... lJ)
~E
-crQ)
C-c
i.: (\j-f-J
o lJ) J....
o .Q~
- -cr J....
LL ::s Q)
-U ~ ~
C ~ (\j
O<(~
~ ~
V)
<>
T
--
~
...J
~
I
U
>-
cO _,
Q
~
Z
L1J
V'\
L1J
c:L.
~
--
,.'_...
,0
· ...-l
>
· ...-l
~
~
(])
~
u
~
c.8
~
(])
~
~
(])
u
. .
~
o
o
. ~
~
~
· ...-l
c\S
::s
~
Q)
<
en
t ~
< 0
O~
OJ)O~
~~
O~ O~
E~
~~
[)~
~
,en
Q)
,C)
o~
t: ~
Q) Q)
r./j..g
~
OJ) o~
~~
Oi::
Q)~
~
u
'T
~
...J
>-
-(
.::c
u
>-
cO
Q
~
Z
tJ.J
V'I
tJ.J
cL
0..
rJJ
o
· ...-4
.-0
E
rfJ
~
. .
~
o
o
I
~
.-0
=
o
u
C)
r:/l
~ .;g
~ '"2 8
B 8 0
o.~ 0
Q)~~
.~3 ~
J:::E
T
,-,
U
-I
-I
~
:c
u
>-
cO
Q
~
Z
w
V"\
w
of.
Q.
---
'-
-
Vl
-fJ
C
v
E
-fJ
.---
E
E
o
u
.L,
:J
o
".-'"
,........,
QJ
Vl
~
....c
a..
\...J
.
'-+-
tf) 0
t >-.
(\j -f-J
c... ~ ::s
o c 0"
~(\j-c
If) nl'
~ ~ 'V- nl
V V~~-'V
J-. >O~O-c
(\j (\j - 0 c... -f-J
~ n1 c...mc m~
O 'U -::L C 0 (\j.-
-tj .~:s;. '- q: (5
-f-' :3 ~ ~ t Q)-c
+ - -c (\j~ ~ E
":::L ~ ~ c... c 0
~ Q)~uo11~
0,- c v v ~ 0
O 0 .. c ~ , -f-J
~ ' ,c...
~ -f-' c-::L mE c .
~ - - c '- c
" r- ~ vE ~._ ::s 43" ~
-f-' -f-' :> ~ c... c ::s
tf) · - Q) ~ 'v) -f-J ::s-D.
(1)> .-u >.- v (\j 0 ~
o If)-c Q)~ 0
C "-- ~ c.. ~ -f-J -c ~ 0
'- E c c ~ Q) S
~ (1) '_ (\j 0 ~ ~
- -C J... >-..:p (\j ~ c
Q) -f-' 0 (\j. - '--+..-:' ~
-f-' '- ~ ~ 0 ~ 0
(\j \Jl t >-. c 0 ~ -f-J
.:u c x-P 8 ~-c-u
Q) 'i: w 5 ~ 'Q .~ 1 0
E -8 ~
E QJ
_ J-.
V
-c
-f-J
c
o
<>
'-+-
==0
(\j
-c c
o
c._
. - -f-J
(\j(\j
E ~
o .
V -f-J If)
-c If) ==
-f-JV(\j
-c ~ ~
If) -f-J ~
'- V v
c- c
~ r: c... (\j
v E v1
~ 0 ~
If) U 0
-f-J
C ,~
C C
Q) v '-
E-c ~
V U ~
>t 0
o -::L '-
~ Q) t
c... -f-J -f-J
E (\j x
._~ Q)
J... c-..........
o ::s ~
'- 0
J.... ....... -...
Q) ~ ~
-f-JOV
cO-f-J
-q: .S
~
T
~
--1
>-
<(
:c
u
>-
co
Q
L.LJ
I-
Z
LLJ
V'\
LLJ
cL.
0..
V)
-fJ
C
<lJ
E.....~.
.
-fJ 1
. -...
E ~
E~
OC1..
u'--'
.s....
::s
o
~
~
<U
C-
O
~
\Tl v) C-
C (\j <u
.- -C -c
-o'"U-4.J
C ::s 0
::s r.f) -4.J
o -1-J X
J.... C <u
J.... <1.J C
~ E ~
<1.J C u
-:B 2 '-~ ~
<1.J.S;: <u <u
U C V) E
~ v 6 E
-C-o'"-c::s
O '-+- V)
C 0 <u
<1.J 0 -c
O -C \J1 -4.J
J.... C
-1-J 0 '- \J1
-t-J .e-
m -D c.~
.c -c 'm ::i
...:.=: \Tl Q... -cr
-= 'v ~
S C
--..,
-o'"~
<1.J .-
r.f) C
(\j ::s
-D E
~ E
~ 0
N U
V'\-- '-+-
o 0
-1-J <1.J
.c...u
cU ::s 5
E -1-J .-
C J....
<1.J <1.J
E~
-1-J <1.J
r.f) J....
<1.J (\j
> <1.J
C >-. v)
.- <1.J
- ~ '-
ro'J....-1-J
C cr 'S;:
o ._
. - <1.J -1-Ju
-1-J-c
. - -1-J (\j
::g.c~
<( 0 ro'
~
~
....J
~
:c
u
~
c
w
I-
Z
w
V'\
w
cL
a..
.-.,
~
--...
T
...
---
-
.
<1J
-fJ
ft1
~
o
-fJ
<U
U
C
Q)
-en,
.~
.
.---
~
1
Q)'
::s
~
.s...,
::s
o
,"'-'~
e_ Co
0- .
c\.? l[) +:; em
o '- '- >
o+' cu r: -cr-c 0
'- .c.. -c e tf) ~
tJ~+, N O(\j.c..
vUe tf) UU.c..
~(\jo eo~ :::: ~(\j
e -cr tf) +:;:::s v) ~ 0 ~
'- c .::: U~~ ~ 0 .-U
m (\j (\j v v :::s <( r-
c-cr.c.. tf) ~ ~ :::: -c c
o e ~ $~ ~ r- ~ 0
'- (\j v v V J ... > .c..
tf) -+-' -cr 0 r- V '- :>
tf) tf) V U'" -c n I :::s
\.~ ~ ~ (\j +' ~ v) ~
o cu '- ~.... (\j v-
, -cr:::s +',-..... 0 tf), -U v
-- r- ' - r"".. +' +'
.c..... u- U ~ v C (\j
(\j :::s ~ cu 0 ~ -c cu '-
-cr cu v -c U .c.. -+-' m lj
cu ~ -c -+-' Z E ~ ,S E
--t-J ~ -+-' -cr 0 cu-+-'
U C '--+- cu '-..J U C E
:::s (\j 0 ~ N U U 0 '_
-cr cur- 0 (\j U v
C ~~ 's; r: -+-' 0 ~ tf)
01:-= v N-cr -+-' C 0
U cu ~ . ~ -cr v t (\jU
v .c.. '- ~ cu C ~ ~ +' 0
> 0 tf) 1: > (\j' - \4:: :::s
(\j~ C cu (\j E Oo+'
-c .c.. 0 .c.. -c ,-..... -+-' cu
cucu.c..o cuOE tf)~U
:7 -c ~ ~ :7 U 0 ':::'> ~
>+,~.c..>'-..JuLL:>.c..
~ ~ ~
T
~
...J
>-
<(
I
U
>-
co
Q
LL.J
I-
Z
LL.J
V\
LL.J
cL
0.
--.,
-.....
.--.
T
Discussion Questions
1. What do you think are the four of five issues affecting the people
and communities of Marion County now and going forward over
the next three to five years? (Drug abuse, crime rates, land use,
economic development, transportation, growth, emergency
preparedness, etc.)
Land Use to facilitate Economic Development
An ailing Criminal Justice System
Needed Regional Transportation Improvements
Education
2. Which of these issues do you believed county government can
help with and in what ways?
Land Use/Economic Development
. Approve, and support to DLCD and LCDC, the urban growth
boundary expansion proposals of communities seeking to obtain a
supply of industrial land to attract employers paying living wages.
. Streamline land use processes and procedures at the County, and
advocate for same at State level, for industrial development activities.
. Coordinate closely with local agencies on land use and economic
development issues of mutual interest.
. Assist local agencies, SED COR, and Chambers of Commerce in
attracting living wage employers to Marion County.
Criminal Justice Services
. Increase support for District Attorney's Office
. Fully staff jail and work center
. Lower probation officer caseload
. Increase the number of offenders who can enter Drug Court
. Increase in"custody treatment programs
. Increase drug enforcement coordination with local agencies
And, increase Health and Welfare capacity related to drug
abuse/crime prevention by
. Fund intervention and early treatment programs
. Target prevention programs to youth
. Provide parenting education
. Support early head start programs
l'
Transportation
. Seek Federal and State support for regional transportation
improvements
. Provide financial support for Woodburn/I-5 interchange
. Establish or expand County Transportation Impact Fees (TIF's) to
help provide for local shares of State/Federal improvements
. Increase County investment in regional transportation corridors
. Support and invest in alternate modes of transportation, including
commuter transit and rail services
Education
. Identify and implement non-property tax funding measures to
support school districts and enhance K-12 educational performance
in Marion County.
3. If Marion County were to direct resources and efforts toward just
two or three of these issues which ones do you see as a priority?
Land Use to facilitate Economic Development
Criminal Justice Services
Transportation
4. Do you have any additional ideas or suggestions you'd like to
offer?
Emergency Preparedness:
. Support more local training and exercises
. Increase coordination with local agencies
. Increase the amount of "pooled" equipment available to local
agencIes
Cultural Awareness:
. Provide and support programs and activities to: enhance
understanding of and celebrate cultural differences, and encourage
cross-cultural cooperation.
Recreation Programs:
. Provide, and fund local agencies providing, recreation programs for
youth and adults.
T
..
Marketing to Latinos, Part II
Thursday, December 8, 2005 9-11 am
At Mid-Valley Bank, North Park Plaza
Corner ofBwy 99E & Bwy 214
Seating is limited so reserve your spot early.
We had the opportunity to lasso two of Oregon's top
research gurus in the Latino market.. .so we did! Larry and
Roy conducted a survey of Latino consumers IN OUR
MARKET; Wilsonville to Keizer with the major bulk of
the respondent households being in the W oodburn-
Hubbard-Canby area.
Larry Missick, President, Mind RanklLaCap
Research, and Roy Larson, of Larson NW Research
& Consulting, have nailed down marketing,
advertising, and sales strategies to the Latino
consumer in the Oregon- SW Washington region.
They hold recent data (August 2005), FROM OUR
MARKET, with which to speak. Move from WHY
market to the Latino Consumer group, to HOW to.
A special thank you to Mid-Valley Bank for
hosting this seminar.
Please don't wait to make your reservations call
· Top market research
· Clearly defined market
. Experienced Presenters
· Target your marketing
. Understand the market
. Useful information
· Build on Part I
· Plan for tomorrow...today
· Forecasting
Registration will be $10.00 per
person/$5.00 for each additional
person from the same company.
Refreshments will be available.
; Woodb.ar>:' .
.1IU'
, Ch..m.ber
:.~com~t!t.
Woodburn Area Chamber of Commerce
2241 Country Club Road
Woodburn, OR. 97071 USA
~~~ (503) 982-8221
www.woodburnchamber.org
T
r:n. ~
0) ~ en ~ .~ '0
Q ..... '" ~
~ ~ 2 cu s cu cu
~ U III III .....
eJ 0 ~ .- to lI'I L.. QI to
e> ~ tn .- QI .- ~
.~ E - ~ ~
=-- ~ Q. .2
~ ....cr ~ OJ 0 c: '"
~ ~ .~ cu OJ ~
~ ~ ~ :J .... .r::. :J ..
~ ~ .9: ~ :J E c
tT +' "0 CU
~ ~ c .- +' C E "0
0 :) c .in fa I.U ' )
~ 0 ~ ::J 0 ~
=z=. :> u
=-=
ff:/i; . '111. . . i! !
1",,\. '*1. ,I HI'.I"
',.:..,...~:........;.r.,~,.'.'..,;.'.';.......J, ..... ,r. _.'......I.I........'.;!......I.C ~ J H
.."".;J' '. '..j... ."~.f;"I Ii 2 to E ;
............"..............\0.........'...................................... ...... .1." ....... ....'I..t...I"'....". ~.' =- 8 .5
e.. '. . .:1 _ :; _ :> 0 "'"
c~: ..,. e' .... In ;; . 15. ;; !; ~ ~
........G....."..........,...'......j...,'..S ~, E i .1/1 .Q t:n
A<,~ t g. ~ 8 ell ~ e
?p.. f"S ~ 1;; ~ ~ .~
:I
IJ
.C
'S
~~
~S
. ..., oj S
IJ lI:J 1/1
" t:n:J
CeO...,
:>. +i :J: .
_."",t:n
'V t:n ell =
~.- .-
3~E.s
"'~~C11
F"'" ..., ~
ell lI:J
'" ~
CL
~
~
~
~
~
~
-
~-
~
~
o
~
;
Jltl .'
l'ifJIIII
.!IlI.l. ..8... .~......l....
Ilt$ It
.i~ 11 J ~
!JI! ~
iltSlat g
ii ~ 1:
"0 ..
lc!!.!;t!:; .
.e ... - ;a.... c
_= .. GJ 0
c ~'~ ~ v '"
I~~ g i~
~...c~~~
tIaOtn'-+'
= ~ i:-..lIt ~ g
.- _..! -- Q.
::> Ia AI GJ C
;1~1A~:8
'C cu tn jij ~
Ia mGJ::>-
~IaCCGJ~
i6 <+:i~"
It.,iV+''''
teS:l.5.e
?; ,c..lIt
I....~v ~c! ~ ~
..'.' "'.. "0 ~ GJ -
,,' .:II: - U Q.
1
:>-GJ
.~~
e = +'
. 0 +'
Q.~ Ia .
OGJlIt~
It"l.cOC
.. +' ... ,:9
an Q. Ia lit
"::JU~
~ ... C
11\ - Ia
. .... Ia ID
V.cl:
GJ tn cu
O=,a-tn
;>. _ ._ Ia
_~u=
IV C .-
~ .- +' :>
C ~ Ia
::J lit GJ
""i: ~
~+'
E
OJ
~~.".'.'...l~
:I .... .2....
+' 1ft It\ 0
c... . -0
II~ tc
v tn... rQ
~=Ift "EC()
a;~ :"i~~
.-4~Wl.tEX
In ~;a 0 aJ
!:li:2ctS.t:9
s'21GJ!!~
c ;;:: i ::Jc
-- +:i-
Q.II cE
oS m < 0
",::g NN
'5 N >-
C
o
.1M
.t.'J~
a-&3!
" ,.~"i
~C\
ta.-4
..... ...
e~=
.lata
ta~:Z:
011311
It"l ,S .:
..~L
~.Ec
o ' S
...3(:>-
co '2 ~
U
~
o
~
~
~
::;
~
trJ
It"l
~~ "0
iaN c
"0.-4 j
=a => GJ
1:0 GJ
~~~~
lit ~ an ::J
GJ C ' 0
1O='El:
..", .c
t~IaGJ
1iC.-48'
UIa.-4
lQ:>- ~
...IQ ~
e'E =
::J::J 0
<10 1:
tn
..
J
~l~
u.xi
~..! 11:
~~IO
=:2~
~S:'"
. C .-4
eSN
.,.0
Q.,:9.-4
~'"
E
10
0\
V
'i:
S
.!!! an
l:N
....1
ON
:J V
GJ. GJ
OJO
...
+' ..
lit c:
GJS
.c ...
+' GJ
lit .~
='"
....
v c:
._ 3
~S
E c:
3
:>-0
100
:s!
'0
1:
E""
::JLfl
GJf'.
0...~L(l
.-4::J~C()
vt2 [0
'" :>-,
-+,cm
O.coo
;>. .!;l) '0 Lfl
IOGJuifi
~....lOc
... ... ... 0
::Jco--
+' /0 ... ro
IOU::J2
'" < (])
~ lfl
- (])
Oae
t-
Jt!
ill
D ~t:
... 10 ~
::JC-
'tj'i:L
it:~z:
~:>ClO
a;;. cO
.~~
~,:9
~'"
,
.-4
~.
c: ~
"- Q.
:JOJ~-
c: GJ Q. V'
~OJ.po=
oE...:>-~
E.c::JQj::J
NGJIDO=c:
.......:J/UGJ
V~li.ctn...
QJ "'tn>:2
o tnitS = /0 :E
;>. .S /U:s! v
10 ~ .~ +' .t .c
~ lit c: +'
'i: .!;l)::J /0 +' .-
1L.-1~",~3
QJ . 'iL:J
QJ E E .-
~ .' lit
r- ci. Q. E "5
\0 '" ci. 10
O\~
1 /0
",,,,
~
~
~
~
~
~
=
II ..
118
o;\1e
t1(~. ~,
"'O..E ..
__ .A
0""'''=
=S:I~!
~i es
ve
o~....
It"l+,
Iii '3
Q.
o Lfl
1: .-l
Q.rQ:g
,g (]) ,
"'<~
:>-cCX;>
100m
~t:o
\O=~Lfl
.-40---
11:l1\~
N c: (]) ....
o..c:: (])
. +' -I-' E
~Qj>-E
0::>..00
=-ou
"'~.....
_ - 0
10 C ....
::J rQ (])
c E!'..o
c: 0 E
<C ro
.c ..c::
+' U
~
CU lit
... 10
o +i ..
Eti.B~ClO
:5l1tcuO.-4
._ c: e .0
3'0 o.;t
..Q.,gaz:
i' 0 ~ _lit tn
... ID jij 'E .S
::J_ IOc
2: ti .!!! .0 .5
~._ ...0 tn
~;.!:f.!
...::>.0
uanlOQj~
..It"l/U.cQ.
.!!c~~O
t::/U s:
cu~
IL.+'
T
, . ' .,\.,<:'d
l.rj. ... '
!1.fi;1'~' ~~
!CcJ!j
c~,-a-'i:u,
lift E 'f
.i- :! l.
l1li ::J "0
tn I,; V'\,.c
e ..0 "t: ..
. :::i E Ia c:
~j fJI
\O! ..
'" '"
. .... '
~ ... :s2 '
~ B~i ~~
~~~iiti~
~ Jf ~ E . " ,a.~. ".it
;>. CU .-4 "'0 ,. '. ' '
/U::J~<C .
~g-....-- '
5'll8~1l ...
~ <( ~ :s! 19 ~ "
.^ V" V'l """,,<
~ ~ ~ ~ fi';I'~
l ~~12If';
IL. I'" 9 ~~'
'(j~;t
j:>.
muJ
. - z:
~E.t'O
Q. . ~ 'OIQ
anQ. c:O
'.It"l ~o II:
~~~lIt
IO(5V'2
0\2:0 &
CO
~~c~
101010'0
'E~~-
::S5+'ON
1O",~.c.-4
'" 0 .: ....
~CU.-4
.c.-4
....
rl~~!~R~
SOJ,Jthe.r" Olrt!gon Public Television
" '. '" ,,', i I>' ~o",ectlnll Our Community
......':/~~:-;,~,I
.
~
TARGET "ElB;
BUILDING A VISION FOR A DRUG FREE COMMUNITY
BIIIIdIng a VIsIon .... a
Drug Free Community
TRAINING POWERPOINT
By Year End 05
The Target Meth campaign will deliver cutting-edge information to communities through
a master Methamphetamine Training PowerPoint, which will allow the user to customize
local presentations by selecting from meth subject matter slides including Meth 101,
How Does Meth Affect Me, and Meth Prevention, Treatment and Enforcement. Each
slide will have talking points and suggested combinations of slides will be recommended
to target specific audiences such as business leaders, parents and youth.
COMMUNITY ACTION GUIDE
By Year End 05
To accompany the training PowerPoint, Oregon Partnership is producing a Target Meth
Community Organizing Guide. This guide will provide community coalitions, business
leaders, faith-based organizations, parent groups and other community leaders with
science-based prevention practices, techniques for neighborhood involvement and
community mobilization, assistance for families dealing with drug addiction and a link
to resources by county.
PUBLIC TELEVISION PROGRAMING
Coming in 06
Oregon Partnership and Southern Oregon Public Television are co-producing three
30-minute Target Meth specials focusing on the "big picture" in relation to meth law
enforcement, treatment and prevention issues. Each special will be designed to air with a
local companion piece that focuses on specific regions of Oregon and provides local data
along with regional scenarios of meth manufacture and use.
WEB-BASED INFO PORTAL
By Year End 05
The Target Meth Information Portal is a Web-based "resource library" that will provide
Oregon methamphetamine information, programming and downloadable tools. Prevention
and treatment organizations, agencies and coalitions across Oregon will be able to link
from their web sites to the information portal, providing on-demand access and video
streaming ofmeth programming, public service announcements and interviews. In
addition, the portal will include video clips from statewide media coverage, resource links,
state and local meth statistics and other pertinent information relating to Oregon's
methamphetamine awareness efforts.
~
iNi
Updated Ore2:on and Federal "Meth Packa2:e" Summaries1
i)
<1'-EGOII ~l..l..l~Nc.E
~i "':"":iil'
www.oreaondec.orQ
1. 2005 Oregon Meth Package
www.onea.orll
Bile Section GMTF--r Summary
HB 2485 Preamble 16- LE 1 Scope of meth epidemic; cure = Prevention-Enforcement- Treatment
1-2 17-LE2 Uncleaned meth labs sites subject to abatement after 180 days
3 Meth lab fire/explosion = Arson 2 (Class C felony)
4 Meth lab fire/explosion + damage = Arson 1 (Class A felony)
5-6 18-LE3 Meth lab dumping = Class C felony
7 29-P3 Civil immunity for good faith precursor violation reporting
8 30-P4 Distribution of things to meth lab = Class B felony
9,17 31-P5 Lithium metal and sodium metal added to precursor laws
10 28-P2 Theft of precursor = Class C felony
11-13 27/32/41 PSE to Schedule III (prescription) no later than 7/1/06
14 33-P7 Zero threshold on elemental iodine reporting
15 34-P8 Improved reporting of iodine tincture sales
16, 18 35-P9 Improved reporting of precursor sales
19-21 Anhydrous ammonia additive certification
22-23 25-0TC3 DHS authority to suspend Oregon trail card for certain drug crimes
24-25 38- T3 OCJC drug court grants
26 Permit deferred sentencing for drug driven property crimes
HB 5174 1-2 38- T3 $2.5 million for OCJC expansion of drug courts
3 38-T3 $1 million for preservation of existing drug courts
4 $40,000 for support of anhvdrous ammonia additive certification
5 21-LE7 $88,000 additional OSP crime lab support for meth cases
SB 907 1 8-DEC5 Dependent in meth lab = Criminal Mistreatment I (Class C felony)
2-3 7-DEC4 Child in meth lab = Child Neglect 1 (Class B felonv) (CSL 6)
4 6-DEC3 Mandatory reporting "abuse" includes drug exposure risk of harm
5 9-DEC7 DEC records access for HIP AA compliance
6 Court authority to suspend parenting time for drug exposure risk
7 -end Breaking out MCS/DCS/PCS by drug and category
8 19- LE4 No probation or downward departure for certain MCS or DCS meth
SB 5630 1 19- LE4 $1.5 million to pay for SB 907 Section 8
2 39-T4 $900,000 for additional DOC treatment and transitional housing
3 21-LE7 $500,000 to DOJ to help DA's with meth cases
4 19- LE4 $450,000 for additional indigent defense of meth cases
SM3 (1 )-(4) l5-FLl Feds asked to control meth and pseudo; no preemption
HB3457 All 22-LE8 Continue criminal forfeiture and restore and reform civil forfeiture
SB640 All 42-MTF4 Improved security ofODL/ID to prevent ill theft (biometrics)
1 Disclaimer: This is merely a brief personal cross-reference of issues prepared by Rob Bovett, and is not intended
to provide a qualitative summary, nor intended to reflect any position of any of Rob's clients or partners, including,
but not limited to, Lincoln County, the Lincoln Interagency Narcotics Team, the Oregon Narcotics Enforcement
Association, or the Oregon Alliance for Drug Endangered Children.
..- '-"t --
3 Oregon Governor's Meth Task Force; listed for cross-reference only.
.
2 All passed and were signed into law by Oregon Governor Ted Kulongoski.
r
~
www.co.lincoln.Or.U5
Bill
HR 3889
GMTF
1-CIl
2-CI2
3-CI3
4-DEC1
5-DEC2
11-DEC8
12-DEC9
13-MTF1
24-0TC2
26-0TC4
37-Tl
GMTF
9-DEC6
20-LE6
23-0TC1
36- Tl
40-MTF2
N/A-LE5
2. 2005 Federal Meth Package
.
www oreoonml!lthwatch ora
Section
101-102
103-108
104
201
202
203
301-307
401-402
501
502
503
GMTF
15-FLl-S
15-FLl-5
15-FLl-5
15-FLl-5
15-FLl-4
15-FLl-2
3. GMTF - Recommendations Not Requiring Legislation
Summa
rocess
4. GMTF - Oregon Legislative Recommendations - Not Enacted
Summ
Causin death of child b ex 10ded meth lab = a avated murder
PCS b con sum tion
Photo and name added to Ore on Trail Card
Restoration and enhancement of treatment fundin
Increase beer and wine tax to restore and enhance addiction treatment fundin
Additional conviction assessment (abandoned b GMTF IGPSRSC)
_PROJECT
4 Oregon Governor's Meth Task Force; listed for cross-reference only.
5 As of November 9,2005, HR 3889 is the primary federal bill under consideration. It is entitled the "Combat Meth
Epidemic Act" (the CMEA). The CMEA combines: (1) Some provisions from a prior version of HR 3889 (the
"Meth Epidemic Elimination Act" or MEEA), which primarily dealt with control of international PSE; and (2) some
provisions from S 103 (the "Combat Meth Act" or CMA), which primarily dealt with control of domestic PSE.
However, unlike the CMA, the CMEA does not adopt the full OK-OR rule (it does not restrict retail sale of PSE
products to pharmacies).
T
MEASURE 37 AND CITIES:
ONE YEAR AND ONE COURT DECISION LATER
LEAGUE OF OREGON CITIES ANNUAL CONFERENCE
NOVEMBER 2005
Glenn Klein!
Impact of Measure 37
. Measure 37 took effect slightly less than one year ago. Since that time, thousands of claims
have been filed. Less than two percent (2%) of those claims were filed with cities. Of the
50 or so claims filed with cities, nearly half (23) have been filed with the City of Portland.
Other cities have one, a couple, or for the vast majority of cities, none at all. Attached is a
list of Measure 37 claims (likely with some missing) filed with cities.
. The primary impact of Measure 37 on cities has been deterrence. Few cities have adopted
significant amendments to their land use codes since the passage of Measure 37.
MacPherson Decision
. Hector MacPherson, several farm bureaus, individuals and 1000 Friends of Oregon filed this
lawsuit in Marion County against three state agencies (DLCD, DAS and DOJ) and three
counties (Marion, Clackamas and Washington). Jackson County later intervened, as did
several individuals (including Dorothy English), in order to defend the measure.
. In their lawsuit, plaintiffs asserted a number ofreasons why Measure 37 violated the Oregon
and United States constitutions.
. On October 14th, the circuit court held that Measure 37 was unconstitutional for the following
reasons:
~ Measure 37 violates the Oregon Constitution by intruding on the plenary ( or police)
power of the Oregon Legislature because the measure requires government to pay if
it wants to enforce otherwise valid, previously enacted land use regulations.
~ Measure 37 violates the equal privileges and immunities clause of Article I, section
20 of the Oregon Constitution because the measure treats differently - without any
rational basis for doing so - owners of property who purchased before a regulation
was adopted and owners who purchased after the regulation was adopted.
lGlenn Klein is the chair of the Government Law Department at the law firm of Harrang Long Gary
Rudnick. He can be reached at 541-485-0220 or at glenn.klein@harrang.com.
PORTLAND
HARRANG LONG GARY RUDNICK PC
SALEM
EUGENE
,.-
~ Measure 37 violates Article I, section 22 of the Oregon Constitution, which provides
that the "operation ofthe laws shall never be suspended, except by the Authority of
the Legislative Assembly."
~ Measure 37 violates the separation of powers clause in Article III, section 1 of the
Oregon Constitution "to the extent the legislative branch purports to delegate to
public entities powers it does not posses."
~ Measure 37 violates the procedural due process clause ofthe 14th amendment to the
United States Constitution because the measure fails to provide notice and an
opportunity to be heard - before a waiver is granted - to persons who might suffer
irreparable harm as a result ofthe waiver, i.e., to owners of property located near the
property that is the subject of the Measure 37 claim.
~ Measure 37 violates the substantive due process clause ofthe 14th Amendment to the
United States Constitution because the government "could not have had a legitimate
reason for enacting Measure 37, because, as described earlier, the compensation
provision of Measure 37 impedes the exercise of the plenary power." (Emphasis in
court's opinion.)
· On October 24th, the court entered a judgment declaring that Measure 37 is invalid and
unconstitutional. On that same date, the court entered an order stating:
~ "By operation of law - and as the express intent of the court - all time lines under
Measure 37 are suspended indefinitely."
~ "Defendants are hereby ordered not to accept any claims under Measure 37.
Defendants further are ordered not to grant, deny or otherwise rule on any claims
under Measure 37." (Emphasis added.)
· The appeal ofthe circuit court's decision goes directly to the Oregon Supreme Court. Both
the circuit court, and the Oregon Supreme Court, denied a request for a "stay" of the court's
decision. Therefore, the decision and court order quoted above are in effect.
· The Supreme Court has issued an order expediting the appeal. The appellants' opening
briefs (i.e., the briefs ofthe defendants (the State and counties) and intervenors) are due on
December 5. The response brief (from 1000 Friends and other plaintiffs) is due on December
23. Any reply brief from the appellants will be due on December 30. Oral argument is
scheduled for January 10, 2006.
· Although the briefing and oral argument has been expedited, there is no established time line
for issuance of the Supreme Court's decision.
PORTLAND
HARRANG LONG GARY RUDNICK PC
SALEM
EUGENE
~
Effect of MacPherson Decision
· The plaintiffs have indicated that they believe the circuit court's decision in MacPherson is
binding on all cities and counties, even though no city was a party in the case, and only four
counties were parties in the case. Many local government attorneys disagree with the
plaintiffs' position, concluding instead that the judgment and order of the circuit court are
binding only on the governments that were parties in the case.
· If the Supreme Court upholds the circuit court decision and declares Measure 37 void, then
the issue ofbinding effect disappears, since all circuit courts (and the Court of Appeals) are
required to comply with rulings of the Supreme Court. If the Supreme Court reverses the
circuit court (finding that Measure 37 is valid), then there are potential ramifications for local
governments that ignore Measure 37 claims during this appeal period.
· If a city (or county not a party in MacPherson) fails to act on a Measure 37 claim within 180
days of the filing of the claim, the local government runs a significant risk that it will have
to pay the claimant's attorney fees ifthe claim is meritorious (and assuming that the Supreme
Court reverses the circuit court's decision). To minimize the risk, a local government might
consider one of the following strategies until the Supreme Court issues its decision:
~ Act on the claim, and if valid, grant a waiver that becomes effective only upon a
decision of the Oregon Supreme Court declaring Measure 37 valid.
~ If a waiver does not include a delayed effective date (as suggested by the prior
paragraph), include a statement that the waiver will be void if the Supreme Court
upholds the circuit court's decision.
00I28703.WPD
PORTLAND
HARRANG LONG GARY RUDNICK PC
SALEM
EUGENE
,.
LIST OF MEASURE 37 CLAIMS FILED WITH CITIES
CITY CLAIM
Ashland Big Box ordinance. Demanding $2,000,000.
Beaverton Stormwater regulations. Demanding $1,700,000.
Beaverton Restrictions on car dealerships. Demanding $3,000,000.
Bend Frontage requirement (partitioned property). Demanding $86,500.
Bend Zoning regulations since 1962. Demanding $400,000.
Bend Partitioning residential property. Demanding $2,220,000.
The Dalles Driveway access & geological provisions. Demanding $23,000.
The Dalles All land use regulations adopted since 1998. Demanding $115,000.
The Dalles Zoning regulations. Demanding $40,000. .
Dundee Waiver of all land use regulations affecting his property. Demanding
$250,000.
Eugene Billboard and zoning restrictions. Demanding $5,000,000.
Klamath Falls All land use regulations adopted after 1956. Demanding $123,000.
Lincoln City Wetland regulations. Demanding $22,000.
Lincoln City All land use regulations on beachfront property. Demanding $350,000.
Lincoln City Use of billboard. No monetary demand included.
Oregon City 2004 re-zoning restricting service station use. Demanding $495,000.
Portland Zoning and environmental overlay. Demanding $1,380,000.
Portland Zoning and environmental overlay. Demanding $980,000.
Portland Environmental overlay. Demanding $170,000.
Portland Environmental overlay. Demanding $95,000.
Portland Environmental overlay. Demanding $25,000.
Portland Restrictions on displaying cars for sale. Demanding $404,000.
Portland Environmental overlay. Demand not stated.
Page 1 - LIST OF MEASURE 37 CLAIMS FILED WITH CITIES
CITY CLAIM
Portland Environmental overlay. Demanding $800,000.
Portland Condo development. Demanding $1,675,000.
Portland Environmental zoning limits disturbance area. Demanding $100,000.
Portland Environmental restrictions and zoning. Demanding $670,000.
Portland Conditional use review requirement for recreational vehicle hookups.
Demanding $726,000.
Portland Code restriction on signs. Demanding $567,000.
Portland Code restriction on signs. Demanding $216,000.
Portland Code restriction on signs. Demanding $792,000.
Portland Code restriction on signs. Demanding $600,000.
Portland Zoning restrictions. Demanding $500,000.
Portland \ Environmental overlay. Demanding $1,047,705.
Portland Environmental overlay. Demanding $85,000.
Portland Environmental overlay. Demanded $167,000. (Claim withdrawn;
development approved through env. review process)
Portland Environmental overlay. Demanded $55,000. (Claim withdrawn;
development approved through env. review process)
Portland Environmental overlay. Demanded $375,000. (Claim withdraw;
development approved through env. review process)
Portland Restriction of development to one home on two tax lots. (Claim
withdrawn)
Redmond Unable to expand dental practice building. Demanding $5,000,000.
Redmond All land use regulations enacted after 1963, which were put into place
until 1971.
Rivergrove Flood plain limitation on density of residential development.
Tangent Expansion of land use goals. (Currently in mediation).
Tualatin Zoning regulation.
Page 2 - LIST OF MEASURE 37 CLAIMS FILED WITH CITIES
T