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TCDA Packet - 07/28/2020
City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: July 28, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. See explanation under PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: Written public comment may be submitted electronically at www.ti_ard-or._ov/Comments.All comments must be submitted before 4:30 p.m. the day of the meeting. If you prefer to call in,please call 503-966-4101 between 7:00 and 7:15 p.m. to be placed in the queue.We ask that you plan on limiting your testimony to three minutes VIEW LIVE VIDEO STREAMING ONLINE: hn://www.tigard-or.gov/cily hall/council meeting_php CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 P.M. Monday 6:00 a.m. City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: July 28, 2020 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. STUDY SESSION A. EXECUTIVE SESSION 6:30 p.m.estimated time The Tigard City Council will go into Executive Session to discuss the employment-related performance of a government official under ORS 192.660(2)(1). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. B. COUNCIL LIAISON REPORTS 7:15 p.m. estimated time 7:30 PM 2. BUSINESS MEETING A. Call to Order-Tigard City Council and Town Center Development Agency Board B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 3. PUBLIC COMMENT (Two Minutes or Less,Please) A. Follow-up to Previous Public Comment B. Summary of Written Public Comment C. Phone-in Public Comment 4. CONSIDER A RESOLUTION TO EXTEND THE CITY'S EMERGENCY DECLARATION 7:35 p.m. estimated time 5. TCDA BOARD REVIEW OF PROJECT PLANS FOR THE OVERLAND MIXED USE DEVELOPMENT 7:40 p.m. estimated time 6. TCDA BOARD CONSIDERATION OF ESTOPPEL AGREEMENT 7:55 p.m. estimated time 7. CITY COUNCIL GOALS REVIEW 8:00 p.m. estimated time 8. DISCUSSION ON RACIAL JUSTICE AND CITY ACTION 9:00 p.m. estimated time 9. NON AGENDA ITEMS 10. ADMINISTRATIVE REPORT 11. ADJOURNMENT 9:30 p.m. estimated time c+ Meeting of the Tigard Council July 28, 2020 Public Comment Received Date Received Submitted By Subject 7/28/2020 Jean and Jerold Hilary Tigard Farmers' Market July 28, 2020 Marti Wine, City Manager City of Tigard marti@tigard-or.gov Marti, This is a follow up to our voicemail earlier today and our recent conversation with Joanne Bengston. We are the owners of a commercial building at 9250 Tigard Street and are very unhappy with the location of the Farmer's Market on Tigard Street and do not understand how and/or why the City would approve a permit to close a public street for several hours every Sunday for several months. This has a significant adverse impact to us and to the local area. We need access to our building every day at any hour. In addition,Tigard Street is a heavily used conduit between downtown and Washington Square and Scholls Ferry Road. Both Police and Fire use this street constantly. As business owners and property owners of 9250 Tigard,we were not noticed and had no opportunity to object or comment. An email from the manager of the Market to a tenant that a permit was applied for was not asking for permission, even if a tenant would have had the authority. Blocking access to private property is not appropriate nor reasonable in these circumstances. This is not a one-time event such as a parade or similar one-time short term occurrence. Furthermore,the curbs, the sidewalks and street have been spray painted to mark placements for the vendors. This is unsightly, looks like graffiti,and appears permanent. This needs to be cleaned immediately. It is very unsightly when our clients come to our office. In addition, during the Farmer's Marker this past Sunday(while we were trying to work in and on our building),we observed people walking through our landscaping, damaging plants and possibly damaging our sprinkling system, in addition to the trash and garbage left behind. There are plenty of other locations that the Farmer's Market could use. For instance, it used to be in the Water Department parking area on Burnham Street which has plenty of room,or it could be in the City Hall parking lot on Hall, or the Tigard Library parking lot, and none of these block a public street. We want the Farmer's Market moved immediately away from our property and located to a more appropriate location. We would like a response by Thursday,July 30, at 5pm. Thank you. Jean and Jerold Hilary 9250 SW Tigard Street Tigard, Oregon 97223 cc: City Council AIS-4333 4. Business Meeting Meeting Date: 07/28/2020 Length (in minutes): 5 Minutes Agenda Title: Consider a Resolution to Extend the City's Emergency Declaration Prepared For: Shelby Rihala, City Management Submitted By: Caroline Patton, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall Council extend the City's emergency declaration related to COVID-19? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution extending the City's emergency declaration. KEY FACTS AND INFORMATION SUMMARY This request is for a fourth extension of the City of Tigard's emergency declaration related to COVID-19, this time extending the declaration of emergency until September 30, 2020. The declaration is necessary to continue to respond to the emergency, including requests for outside assistance and flexibility surrounding City policies. OTHER ALTERNATIVES Council could let the existing declaration expire at the end of July or extend for a different length of time. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION •March 17, 2020: Council ratifies Mayor's emergency declaration •April 21, 2020: Council approves first extension to the emergency declaration •May 26, 2020: Council approves second extension to the emergency declaration •June 23, 2020: Council approves third extension to the emergency declaration Attachments Resolution CITY OF TI GARD, OREGON TI GARD CI TY COU N CI L RESOLUTION NO. 2a A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'SEMERGENCY RELATED TO COVI D-19 WHEREAS Tigard Municipal Code(TMC) Chapter 7.74, the Citys Emergency Management Code, as well as ORS 401.305, authorize the City to establish an emergency management agency, including the authority to establish policlesand protocolsfor defining and directing respond bi liti es during atimeof emergency; and WHEREAS pursuant to TMC 7.74.040, a local emergency existswhenever the City or an area impacting part of the City is suffering, or in imminent danger of suffering, an incident that may cruse injury or death to persons, including a di sease or pandemic; and WHEREAS TMC 7.74 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activitiesto minimize or mitigatethe effects of the emergency; and WHEREAS the Governor has declared a state of emergency for the State of Oregon and the Washington County Board of Commissonershasdeclared astateof emergencyfor Washington County;and WHEREAS thisdedaration isin support of theCOVID-19 public health response,and WHEREAS pursuant to TMC 7.74.070, theTigard City Council ratified the Mayor's emergency declaration on March 17, 2020; and WHEREAS TMC 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence, and WHEREAS on April 21, 2020, the Tigard City Council extended the duration of the City's emergency declaration to May 31, 2020;and WHEREAS, on May 26, 2020, the Tigard City Council extended the duration of the City's emergency declaration to June 30, 2020; and WHEREAS, on June 23, 2020, the Tigard City Council extended the duration of the City's emergency declaration to July 31, 2020; and WHEREAS, Council finds it necessary to extend the emergency declaration in order to continue its response efforts. NOW,THEREFORE, BE IT RESOLVED bythe Tigard City CoundI that: SECTION 1: The Tigard City Council dedaresthe response toCOVID-19 constitutes a continuing state of emergency. SECTION 2: Thelocal emergency exi stswithi n the territorial limitsof theCityof Tigard. RESOLUTION NO.20- Page 1 SECTION 3: COVI D-19 constitutes an urgent threat to public health, requiring additional resources and protective measures to protea the health of City staff, family members, and the Tigard community. SECTION 4: A local emergency authorizes City offi dais to take the following measures A. The City and its officials are authorized to take such actions and issue such orders as described in Tigard Municipal Code 7.74 as are determined necessary to protect lives and property and to efficiently conduct activities that minimize or mitigate the effect of the emergency. B. The emergency procurement of goods and services is authorized pursuant to the Oregon Public Contracting Coda Tigard Municipal Code 2.46, and the City of Tigard Local Contract Review Board Public Contracting Rules. C. The City of Tigard will temporarily wave all late fees and shutoff actions for utility accounts accruing as of the Mayor's declaration of emergency on March 16, 2020 and continuing until theocpiretion of theemergency. D. To protect the health of City employees, the City may issue emergency rules or guidance on the use of sick leave, telework, remote work, or other policies that will be in effect only for the duration of the emergency. E. To respond to the emergency, and to particularly ease burdens on businesses and service sector workers, the City may relac or adjust enforcement of City codes, including but not limited to parking restrictions downtown. F. To continueto manageeand reoeivenysuppliesand assistance; including but not limited to personal protective equipment, the City has activated its Emergency Operations Center and centralized logistics. The City may request additional assistance as needed, including through mutual assistance ag'eemEnts, the Cooperative Public Agencies of Washington County(CPAWC), Medical Reserve Corps, and theAmerican Red Cross, among others. SECTION 5: Thisdedaration of emergencywill remain in effect until 12pm on September30, 2020. SECTION 6: This resolution repeals and replaces Resolution 20-38 and is effective immediately upon passage PASSED: This day of 2020. Mayor-City of Tigard ATTEST: Deputy City Recorder-City of Tigard RESOLUTION NO.20- Page 2 AIS-4347 5. Business Meeting Meeting Date: 07/28/2020 Length (in minutes): 15 Minutes Agenda Title: TCDA Board Review of Project Plans for the Overland Mixed Use Development Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Development Agency Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE TCDA Board review of project plans for The Overland mixed-use development at SW 72nd Avenue and SW Dartmouth Street, per the terms of the Development Assistance Agreement. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the Project Plans as they are consistent with the Tigard Triangle Urban Renewal Plan and the project description from the Development Assistance Agreement. KEY FACTS AND INFORMATION SUMMARY On May 14, 2019, the Board of the Town Center Development Agency authorized the Executive Director of the TCDA to sign a Development Assistance Agreement with Dartmouth Development Partners, LLC. The agreement committed Re/Development Assistance to pay for the costs of the first $1 million in System Development Charges (SDC's) for the construction of a mixed-use building at the corner of SW 731d Avenue and SW Dartmouth Street, now called "The Overland." The total amount of SDC's and related fees incurred by the project is $5.5 million, about $3 million of which are city SDC's. Since the signing of the agreement, the development team spent 12 months on design and engineering the building and street improvements. The building will have 219 market rate apartments (Studios, 1BR, 2BR and 3BRs) along with 221 parking spaces and approximately 6,000 SF of commercial space. The construction of this $70 million development will be an important milestone in the Tigard Triangle revitalization efforts. The project will help prove the market for this type of development in the Triangle. The project is projected to generate over $16 million in property tax that will accrue to the urban renewal district over 35 years. The Development Assistance Agreement calls on the Project Plans to be reviewed by TCDA staff to ensure they were consistent with the goals of the urban renewal plan. The developers regularly updated TCDA staff on the design direction. Staff finds the project to be consistent with the UR Plan and the agreement. It will play an important role in transforming the Triangle into a mixed-use and pedestrian-oriented district. The agreement also specifies that the TCDA Board review the plans for consistency with the UR Plan. After Board approval, and after building permits have been issued (expected by the end of the month) the project is eligible to receive the Re/Development Assistance. Since most city SDC's are deferred until the building receives its certificate of occupancy, the payment is about two years out. OTHER ALTERNATIVES Under the terms of the Development Assistance Agreement, the TCDA can approve the Project Plans or provide detailed comments describing how the Project Plans fail to conform to the UR Plan or the description of the Project in the Development Assistance Agreement. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS 2019-2021 Tigard Council Goals Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.1: Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant, walkable, and connected district. Tigard Triangle Urban Renewal Plan Goal 5 — Provide financial and technical assistance to new and existing businesses and housing developments that contribute to the Area's diversity and vitality and help it transform into a mixed-use and pedestrian-oriented district. Tigard Strate ig c Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. DATES OF PREVIOUS CONSIDERATION May 14, 2019: Consideration of Development Assistance Agreement for 72nd and Dartmouth Mixed Use April 23, 2019: Development Assistance Request: 72nd and Dartmouth Fiscal Impact Cost: $1,000,000 Budgeted (yes or no): Yes Where Budgeted (department/program):TCDA Additional Fiscal Notes: $1,000,000 in Re/Development Assistance was appropriated for the FY20-21 TCDA budget. It is likely the payment will not be made until the building receives a certificate of occupancy in FY21-22. Attachments Development Assistance Agreement Overland Project Plans DEVELOPMENT ASSISTANCE AGREEMENT:SDC WAIVER (72ND AND DARTMOUTH) This Development Assistance Agreement providing for an SDC waiver (72ND AND DARTMOUTH) (this "Agreement") is made and entered this ice"day of June, 2019 (the "Effective Date"), by and between the TOWN CENTER DEVELOPMENT AGENCY,the duly designated urban renewal agency of the City of Tigard ("TCDA"), and DARTMOUTH DEVELOPMENT PARTNERS, LLC, an Oregon limited liability company, or its assignee ("Developer"). TCDA and Developer may be referred to jointly in this Agreement as the "Parties"and individually as a "Party." RECITALS A. In furtherance of the objectives of Oregon Revised Statutes,Chapter 457 and the Tigard Triangle Urban Renewal Plan in effect on the Effective Date(the "UR Plan"),the TCDA desires to enter into this Agreement to facilitate the development of the Project(defined below)on property located at 11860-11990 SW 72nd Avenue(the"Pro ert '). B. The Property is currently unimproved and is bounded on three sides by SW 72nd Avenue,SW Dartmouth Street,SW Clinton Street and is depicted on Exhibit A attached to this Agreement. C. Developer intends to develop on the Property a mixed-use multi-family residential development that will include approximately 215 residential units,ground floor commercial space, parking, and enhanced streetscape improvements(the"Project").The TCDA has determined that the Project will achieve all of the public goals desired for the Property,act as a catalyst for development in the Tigard Triangle Urban Renewal Area (the"URA"),fully capitalize the public investments in the Project,and continue to capitalize other public investments in the URA. D. The Parties contemplate that the Project will transform the Property into a vibrant,sustainable mixed-use, residential area.The Project is consistent with Goal 5 of the UR Plan and will "promote high quality development of retail,office and residential uses that support and are supported by public streetscape,transportation, recreation and open space investments." AGREEMENT NOW, THEREFORE, in consideration of the public benefits to be created by the development of the Project and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: 1. Systems Development Charges;Project Plans. 1.1. Developer's obligation to pay the first$1,000,000 of system development charges (collectively, "SDCs")triggered by the development of the Project shall be waived,and TCDA shall reimburse the City of Tigard in the amount of$1,000,000. 1.2. Development of the Property in accordance with this Agreement is a material inducement to waiver of the SDC's provided for in Section 1.1.and such waiver is contingent on satisfaction of {00888564;7} 1 SDC Reimbursement Agreement—SW 72na and Dartmouth the following conditions being satisfied or waived by both TCDA and Developer, prior to the waiver of SDC fees as set forth in Section 1.1: 1.2.1. Developer shall have prepared and submitted to TCDA conceptual plans for the Project (the"Project Plans")with sufficient detail to demonstrate the Project's compliance with the UR Plan and the description of the Project set forth in Recital C. TCDA staff will review and provide tentative approval or disapproval within ten (10)days after receiving the Project Plans. Upon completing any revisions agreed to by Developer and TCDA staff, TCDA staff will provide the Project Plans with staff recommendations to the TCDA Board for its review and approval. The TCDA Board shall then review and either approve the Project Plans or provide detailed comments describing how the Project Plans fail to conform to the UR Plan or the description of the Project within forty-five(45)days after receiving the Project Plans from TCDA staff. The TCDA Board shall have no other basis to disapprove the Project Plans. Failure of the TCDA Board to timely approve the Project Plans or provide detailed comments on the Project Plans shall constitute acceptance. If the Parties are unable to resolve any dispute regarding whether or not the Project Plans conform to the UR Plan or description of the Project(including the TCDA's failure to approve the Project Plans),such dispute shall be submitted to dispute resolution in accordance with Section 8("Dispute Resolution"). The Project plans approved by the TCDA or through Dispute Resolution are the"Approved Project Plans". 1.2.2. Developer shall have obtained all land use approvals required by the City of Tigard for the Project and permits required for the construction of the Project in accordance with the Approved Project Plans shall be ready to be pulled subject only to the payment of permit fees. No appeal of any required approval or permit shall have been filed,and the time for any such appeal shall have expired. If an appeal is filed,this condition shall be satisfied on final resolution of the appeal,except that final resolution shall not be required if the issue(s) involved in the appeal is such that customary bonding or indemnification represents a reasonable basis for proceeding with the Project. 1.3. The construction of the Project will conform in all material respects to the Approved Project Plans (subject to such modifications as are approved by TCDA staff)and all applicable City development approvals. If TCDA believes that Project does not conform in all material respect to the Approved Project Plans,then TCDA shall provide written notice of such nonconformance to Developer. If Developer disputes TCDA's assertion that the Project does not conform to the Approved Project Plans,the Parties shall resolve the dispute by Dispute Resolution. The Parties recognize that any such dispute must be resolved expeditiously. 1.4. Staff approval or recommendation to the TCDA Board for approval of the Project plans or modifications to such Project plans shall not be unreasonably withheld,conditioned or delayed. 2. DEVELOPMENT 2.1. Except for the SDC fee waivers set forth in Section 1.1, Developer,will design,construct and complete the Project in accordance with the Approved Project Plans as provided in Section 1, without additional public funding participation, except for tax abatement programs generally available to similar projects within the City,the URA and the Vertical Housing Development {00888564;7} 2 SDC Reimbursement Agreement—SW 72nd and Dartmouth Zone. Subject to events and circumstances outside of Developer's reasonable control, Developer will use commercially reasonable efforts to begin and to complete development of the Project as set forth in the Project Schedule attached as Exhibit B,subject to the terms of this Agreement. 2.2. TCDA is not the developer of the Project. This Agreement is not intended to be a contract providing for construction by TCDA either directly or through a contractor. Developer is solely responsible for selecting a construction contractor. The rights and responsibilities of Developer,the general construction contractor and any subcontractors,shall be provided for in a construction contract to which TCDA is not a party. 3. REPRESENTATIONS 3.1.TCDA Representations. TCDA hereby represents to Developer the following: 3.1.1. TCDA has the legal power, right, and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein. All requisite action has been taken by TCDA in connection with entering into this Agreement, the instruments referred to herein, and the consummation of the transactions contemplated herein. No further consent of any creditor, investor,judicial or administrative body,governmental authority or other party is required. 3.1.2. This Agreement and all documents required to be executed by TCDA are and shall be valid, legally binding obligations of and enforceable against TCDA in accordance with their terms. 3.1.3. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness, or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which TCDA is a party. 3.1.4. The persons executing this Agreement and the instruments referred to herein on behalf of TCDA have the legal power, right and actual authority to bind TCDA to the terms and conditions of this Agreement. 3.2.Developer Representations. Developer hereby represents to TCDA the following: 3.2.1. Developer is a limited liability company duly formed and existing in the State of Oregon. 3.2.2. Developer has full power and authority to enter into and perform this Agreement in accordance with its terms and does not require the consent of any third party that has not been secured. All requisite action (corporate, trust, partnership, membership or otherwise) has been taken by Developer in connection with entering into this Agreement, the instruments referred to herein, and the consummation of the transactions contemplated herein. No further consent of any partner, shareholder, {00888564;7} 3 SDC Reimbursement Agreement—SW 72"d and Dartmouth creditor, investor,judicial or administrative body, governmental authority or other party is required. 3.2.3. This Agreement and all documents required to be executed by Developer are and shall be valid, legally binding obligations of and enforceable against Developer in accordance with their terms. 3.2.4. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness, or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which Developer is a party. 3.2.5. The persons executing this Agreement and the instruments referred to herein on behalf of Developer have the legal power, right and actual authority to bind Developer to the terms and conditions of this Agreement. 4. WILL As soon after the Effective Date as reasonably possible, Developer shall submit this Agreement and other required or relevant documents to the Oregon Bureau of Labor and Industries ("BOLI") for review and to seek a determination letter from BOLI (the "BOLI Determination Letter") stating that ORS 279C.810 to 279C.870 and the administrative rules adopted thereunder (the "Oregon Prevailing Wage Laws") do not apply to any portion of the development and construction of the Project. S. ASSIGNMENT AND TRANSFER PROVISIONS 5.1.Restrictions on Transfer of the Property and Assignment of the Agreement. Except as provided in this Section 5.1, Developer shall not partially or wholly transfer Developer's interest in this Agreement without the prior written approval of the TCDA,which may be withheld in TCDA's reasonable discretion. 5.2.Approved Transfers. Notwithstanding Section 5.1 above, and provided that Developer provides TCDA with copies of all agreements related to the transfer,TCDA hereby consents to: 5.2.1. An assignment of Developer's rights under this Agreement to any entity in which Developer or an affiliate thereof owns a direct or indirect interest. 5.2.2. The collateral assignment of rights under this Agreement to any Mortgagee. For purposes of this Section 5.2.2, "Mortgagee" means the holder of any mortgage, deed of trust, or instrument securing debt or equity obtained to finance the construction of the Project, together with any successor or assignee of such holder. TCDA will cooperate with Developer and enter into commercially reasonable amendments to this Agreement if and as required by any lender, equity provider or financier providing equity or debt to the Project. {00888564;7} 4 SDC Reimbursement Agreement—SW 72nd and Dartmouth 6. DISPUTE RESOLUTION If a dispute arises under this Agreement,the Party claiming the existence of a dispute shall provide written notification of the dispute to the other Party. A meeting will be held promptly between the Parties, and subject to Section 9.11 below,attended by representatives of the Parties with decision- making authority regarding the dispute to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one(21)days,the Parties will thereafter seek to resolve the dispute by binding arbitration. The arbitration shall be conducted in accordance with Oregon's Uniform Arbitration Act(ORS 36.600 et seq.or ay successor statues thereto); provided, however,the arbitrator shall be an attorney licensed to practice law in Oregon who has at least ten (10)years of experience in commercial construction or commercial real estate, including public/private development agreements. Developer shall not apply for building permits for the Project pending the outcome of a dispute that the Parties have submitted to Dispute Resolution. 7. CONTINUING COVENANTS SURVIVING TERMINATION OF AGREEMENT OR COMPLETION OF CONSTRUCTION. The following Sections of this Agreement shall survive and remain in effect for the periods identified herein:Section 2(DEVELOPMENT);Section 3(REPRESENTATIONS);Section 6 (DISPUTE RESOLUTION);and Section 9(MISCELLANEOUS). 8. TERMINATION. This Agreement shall automatically terminate and be of no further force or effect upon substantial completion of the Project. As used in this Section 8, "substantial completion" means that date that Developer has obtained a temporary certificate of occupancy for the Project. 9. MISCELLANEOUS PROVISIONS 9.1.Notice. Any notice or communication under this Agreement by either Party to the other shall be deemed given and delivered on the earlier of actual delivery or refusal to accept delivery thereof if sent by one of the following means with all applicable delivery and postage charges prepaid: (a) registered or certified U.S. mail, postage prepaid, return receipt requested; (b) personal delivery; (c) nationally recognized overnight courier service (e.g. Federal Express); or (d) if simultaneously delivered by another means allowed hereunder, e-mail, with receipt of confirmation that such transmission has been received. In the case of a notice or communication to Developer,addressed as follows: ScanlanKemperBard Companies, LLC. Attn: John Olivier 222 SW Columbia Street,Suite 700 Portland,OR 97201 Email: jolivier@skbcos.com With a copy to: Real Estate Investment Group Attn: Nicholas Diamond 2839 SW 2nd Avenue Portland,OR 97201 Email: ndiamond@reig.com {00888564;7} 5 SDC Reimbursement Agreement—SW 72nd and Dartmouth In the case of a notice or communication to TCDA,addressed as follows: Town Center Development Agency Attn: Sean Farrely 13125 SW Hall Blvd Tigard, OR 97223 Email:sean@tigard-or.gov or addressed in such other way in respect to either Party as that Party may, from time to time, designate in writing dispatched as provided in this section. Notices may be given by counsel to a Party. 9.1.1. If either Party's contact person or address for notices changes, that Party shall provide the other Party with the updated contact information. 9.2.Headings. Titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 9.3.Counterparts.This Agreement may be executed in counterparts, each of which shall be deemed to be an original,and such counterparts shall constitute one and the same instrument. 9.4.Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement shall be of any force or effect unless in writing, shall be construed to be a continuing waiver, and shall be considered a waiver of any other rights of the Party making the waiver. 9.S.Attorneys' Fees. If a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under U.S. Bankruptcy Code, is instituted to interpret or enforce any provision of this Agreement,or with respect to any dispute relating to this Agreement, including, without limitation, any action in which a declaration of rights is sought or an action for rescission, the prevailing or non-defaulting party shall be entitled to recover from the losing or defaulting party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge at trial or on any appeal in addition to all other amounts provided by law. This provision shall cover costs and attorney fees related to or with respect to proceedings in U.S. Bankruptcy Court, including those related to issues unique to bankruptcy law. 9.6.Governing Law. This Agreement shall be governed by Oregon law, without regard to principles of conflicts of law. 9.7.Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the state of Oregon, except that if the last day of any period falls on any Saturday, Sunday or legal holiday,the period shall be extended to include the next day which is not a Saturday,Sunday or legal holiday. 9.8.Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the {00888564;7} 6 SDC Reimbursement Agreement—SW 72"d and Dartmouth feminine and the neuter, as the context may require. As used in this Agreement, "including" means including without limitation and"shall' means mandatory and imperative. 9.9.Severability. If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason,the remaining portions will remain in full force and effect to the fullest extent permitted by law. 9.10. Entire Agreement. This Agreement and its exhibits are the entire agreement between the Parties with respect to the subject matter hereof. There is no other oral or written agreement between the Parties with regard to this subject matter. There are no oral or written representations or warranties made by either Party, implied or express, other than those contained in this Agreement. 9.11. Amendments and Modifications. Any modifications to this Agreement must be made in writing and executed by all Parties, with the approval of the TCDA Board, if required. Notwithstanding this general requirement, the TCDA Redevelopment Project Manager may approve modifications to this Agreement without TCDA Board approval so long as TCDxs economic obligations are not materially increased. Except as provided for elsewhere in this Agreement, whenever consent or approval by TCDA is required under the terms of this Agreement, all such consents or approvals shall be given in writing from the TCDA Redevelopment Project Manager or his or her designee. 9.12. Successors and Assigns. Subject to the provisions of Section 5,the benefits conferred by this Agreement, and the obligations assumed thereunder, shall inure to the benefit of and bind the successors and permitted assigns of the Parties. 9.13. No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby shall be deemed or construed by the Parties, or by any third person,to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between any of the Parties other than that of independent contracting parties. 9.14. Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement, by making this Agreement,TCDA is specifically not obligating itself,the City,or any other agency with respect to any discretionary action relating to development or construction of the Project, including, but not limited to, permits or any other governmental approvals which are or may be required,except as expressly set forth herein. 9.15. Time of Essence. Time is of the essence of this Agreement. 9.16. No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary of this Agreement,and no person other than a Party shall have any right to enforce any term of this Agreement. (Remainder of page intentionally left blank; Signatures appear on the following page) {00888564;7} 7 SDC Reimbursement Agreement—SW 72nd and Dartmouth Executed in multiple counterparts as of the Effective Date. TCDA: TOWN CENTER DEVELOPMENT AGENCY,as the duly designated Urban Renewal Agency of the City of Tigard By: Printed Name: hAAv4l cL ►.. lA)�_ Its: - - APPROVED AS TO FORM: Printed'flame: �1�2X.h�.i s1,kt"A Its: DEVELOPER: DARTMOUTH DEVELOPMENT PARTNERS,an Oregon limited liability company RR Printed�5 : l�/lq 004-k Its: t/ 11 {00888564;7} 8 SDC Reimbursement Agreement—SW 72"d and Dartmouth a C + �D ■ it . � a SDC Reimbursement Agreement—SW 72"'and Dartmouth EXHIBIT B Project Schedule Commencement of Construction: September 30,2020 Substantial Completion (Receipt of TCO): March 30,2023 {00888564;7} 10 SDC Reimbursement Agreement—SW 72nd and Dartmouth 'o OF ■1�� li VI ir����r._ ` M.I ;tai, , = 1 � I ���i111 - -� = _ �4 I , ■1 I � r_I�r•I II 1 li � � i VIII i I I II/���� / ■1 00 /�/ ,111, l �I a �� ■ _ _ _ 71 11 ������ IAS jj IVIII I II I01� a i' II//I� I� f I/ I/ _ � 1 / II 1in11 111I1itil Alm II Mill- IIIpI1 ARCHITECTURE URBAN DESIGN + PLANNING INTERIOR DESIGN PORTLAND | OAKLAND SERADESIGN.COMNOT FOR CONSTRUCTIONPRELIMINARYCHECKED BY: ISSUE DATE: PROJECT NO: REVISIONS SERA Design and Architecture, Inc.Copyright protected.See Design Agreement.For use on this project only.Unauthorized reproduction of any part of this material is prohibited.© 20192020/04/03 16:40:05GMP SETDARTMOUTH APARTMENTSDARTMOUTH DEVELOPMENT PARTNERS11974; 11882 SW 72ND AVETIGARD, OR 97223BUP 2019-003.46 -Original Intake on 12/19/2019G001 ARG 04/03/2020 1903007 COVER SHEET DARTMOUTH APARTMENTS DARTMOUTH DEVELOPMENT PARTNERS © 2019PROJECT DIRECTORY Dartmouth Development Partners 222 SW Columbia St, Suite 700 Portland, OR 97201 TEL: (503) 552-3594 ATTN: John Olivier, Sr. Vice President jolivier@skbcos.com SERA Design and Architecture, Inc. 338 NW Fifth Avenue Portland, OR 97209 TEL: (503) 445-7372 FAX: (503) 445-7395 ATTN: Keith Fugate keithf@seradesign.com DOWL 720 SW Washington St, Suite 750 Portland, OR 97205 TEL: (971) 280-8641 FAX: (800) 865-9847 ATTN: Jeff Shoemaker, Sr. Project Manager jshoemaker@dowl.com SERA Design and Architecture, Inc. 338 NW Fifth Avenue Portland, OR 97209 TEL: (503) 445-7372 FAX: (503) 445-7395 ATTN: Dan Jenkins danj@seradesign.com Froelich Engineers 17700 SW Upper Boones Ferry Rd. Suite 115; Portland, Oregon 97224 TEL: (503) 624-7005 ATTN: Todd Nagele tnagele@froelich-engineers.com biella LIGHTING DESIGN 715 SW Morrison St., Suite 602 Portland, OR, 97205 TEL: (503) 222-2689 ATTN: Michael Larsen larsen@biellalighting.com OWNER DEVELOPER CONTRACTOR: ARCHITECT OF RECORD: CIVIL ENGINEER: LANDSCAPE ARCHITECT: STRUCTURAL ENGINEER: LIGHTING DESIGNER: Veneklasen Associates 1711 Sixteenth Street Santa Monica, CA 90404 TEL: (310) 450-1733 ATTN: Robert Lingenfelter rlingenfelter@veneklasen.com MKE 6915 SW Macadam Ave, Suite 200 Portland, OR 97219 TEL: (503) 892-1188 FAX: (503) 892-1190 ATTN: Steve Lockhart, Electrical Principal stevel@mke-inc.co Brendan Arnold, Mechanical Designer brendana@mke-inc.com Innovative Air 5120 Franklin Blvd., #7 Eugene, OR 97403 TEL: (541) 746-1040 ATTN: Chris O'Sheedy chris@innovative-air.com Brian Jacoby brian@integengineering Tapani Plumbing 2103 SE 12th Ave Battle Ground, WA 98604 TEL: (360) 687-3983 ATTN: Brian Ek briane@tapaniplumbing.com Porter Electric 7320 NE St Johns Rd Vancouver, WA 98665 TEL: (360) 574-1366 ATTN: Mike Taul (Line V) Jmtaul@porterelectricinc.com Bill Robinson (Low V) brobinson@porterelectricinc.com Jet 1935 Silverton Rd. Salem, OR 97301 TEL: (503) 363.-334 ATTN: Murray Friesen, NICET Level III Designer Murray.F@jetindustries.net ACOUSTIC CONSULTANT: MECHANICAL, ELECTRICAL, PLUMBING DESIGN ASSIST: MECHANICAL ENGINEER: PLUMBING ENGINEER: ELECTRICAL ENGINEER: FIRE SUPPRESSION ENGINEER: VICINITY MAP DARTMOUTH STSW 72ND AVESW CLINTON ST SITE SHEET INDEX SHEET SHEET NAME GMP PLUMBING P001 COVER SHEET ■ P099N LEVEL 1 NORTH BELOW GRADE ■ P099S LEVEL 1 SOUTH BELOW GRADE ■ P100N LEVEL 1 NORTH ■ P100S LEVEL 1 SOUTH ■ P101N PODIUM LEVEL NORTH ■ P101S PODIUM LEVEL SOUTH ■ P102N LEVEL 2 NORTH ■ P102S LEVEL 2 SOUTH ■ P103N LEVEL 3 NORTH ■ P103S LEVEL 3 SOUTH ■ P104N LEVEL 4 NORTH ■ P104S LEVEL 4 SOUTH ■ P105N LEVEL 5 NORTH ■ P105S LEVEL 5 SOUTH ■ P106N LEVEL 6 NORTH ■ P106S ROOF LEVEL SOUTH BUILDING ■ P107N ROOF LEVEL NORTH BUILDING ■ P300 RISERS ■ P301 RISERS ■ PG001 COVER SHEET ■ PG099N LEVEL 1 NORTH BELOW GRADE ■ PG099S LEVEL 1 SOUTH BELOW GRADE ■ PG100N LEVEL 1 NORTH BUILDING ■ PG100S LEVEL 1 SOUTH BUILDING ■ PG101N PODIUM LEVEL NORTH BUILDING ■ PG101S PODIUM LEVEL SOUTH BUILDING ■ PG102N LEVEL 2 NORTH BUILDING ■ PG102S LEVEL 2 SOUTH BUILDING ■ PG103N LEVEL 3 NORTH BUILDING ■ PG103S LEVEL 3 SOUTH BUILDING ■ PG104N LEVEL 4 NORTH BUILDING ■ PG104S LEVEL 4 SOUTH BUILDING ■ PG105N LEVEL 5 NORTH BUILDING ■ PG105S LEVEL 5 SOUTH BUILDING ■ PG106N LEVEL 6 NORHT BUILDING ■ PG106S ROOF LEVEL SOUTH BUILDING ■ PG107N ROOF LEVEL NORTH BUILDING ■ FIRE PROTECTION FP0.1 NFPA 14 STANDPIPE STAIRS 1 & 2 ■ FP0.2 NFPA 14 STANDPIPE STAIRS 3 & 4 ■ FP1.0 NFPA 13 SPRINKLER PLAN - SOUTH PARKING LEVEL ■ FP1.1 NFPA 13 SPRINKLER PLAN - NORTH PARKING LEVEL ■ FP2.0 NFPA 13 SPRINKLER PLAN - SOUTH PODIUM LEVEL ■ FP2.1 NFPA 13 SPRINKLER PLAN - NORTH PODIUM LEVEL ■ FP3.0 NFPA 13 SPRINKLER PLAN - SOUTH LEVEL 2 ■ FP3.1 NFPA 13 SPRINKLER PLAN - NORTH LEVEL 2 ■ FP4.0 NFPA 13 SPRINKLER PLAN - SOUTH LEVEL 3 ■ FP4.1 NFPA 13 SPRINKLER PLAN - NORTH LEVEL 3 ■ FP5.0 NFPA 13 SPRINKLER PLAN - SOUTH LEVEL 4 ■ FP5.1 NFPA 13 SPRINKLER PLAN - NORTH LEVEL 4 ■ FP6.0 NFPA 13 SPRINKLER PLAN - SOUTH LEVEL 5 ■ FP6.1 NFPA 13 SPRINKLER PLAN - NORTH LEVEL 5 ■ FP7.0 NFPA 13 SPRINKLER PLAN - SOUTH ATTIC LEVEL ■ FP8.0 NFPA 13 SPRINKLER PLAN - NORTH LEVEL 6 ■ FP9.0 NFPA 13 SPRINKLER PLAN - NORTH ATTIC LEVEL ■ SHEET INDEX SHEET SHEET NAME GMP MECHANICAL M001 HVAC SCHEDULES, NOTES, LEGEND, & SHEET INDEX ■ M002 HVAC SCHEDULES ■ M003 HVAC OSA SCHEDULE ■ M100.0 HVAC FLOOR PLAN - LEVEL 1 - PARKING - SOUTH ■ M100.1 HVAC FLOOR PLAN - LEVEL 1 - SOUTH ■ M100.2 HVAC FLOOR PLAN - LEVEL 1 - NORTH ■ M101.1 HVAC FLOOR PLAN - PODIUM LEVEL - SOUTH ■ M101.2 HVAC FLOOR PLAN - PODIUM LEVEL - NORTH ■ M102.1 HVAC FLOOR PLAN - LEVEL 2 - SOUTH ■ M102.2 HVAC FLOOR PLAN - LEVEL 2 - NORTH ■ M103.1 HVAC FLOOR PLAN - LEVEL 3 - SOUTH ■ M103.2 HVAC FLOOR PLAN - LEVEL 3 - NORTH ■ M104.1 HVAC FLOOR PLAN - LEVEL 4 - SOUTH ■ M104.2 HVAC FLOOR PLAN - LEVEL 4 - NORTH ■ M105.1 HVAC FLOOR PLAN - LEVEL 5 - SOUTH ■ M105.2 HVAC FLOOR PLAN - LEVEL 5 - NORTH ■ M106.2 HVAC FLOOR PLAN - LEVEL 6 - NORTH ■ M107.1 HVAC ROOF PLAN - SOUTH ■ M107.2 HVAC ROOF PLAN - NORTH ■ ELECTRICAL E-COVER ELECTRICAL COVER SHEET - LEGEND ETC. ■ E001 SECTION E GL POWER ■ E002 SECTION D GL POWER ■ E003 SECTION G GL POWER ■ E004 SECTION C GL POWER ■ E005 SECTION H GL POWER ■ E006 SECTION B GL POWER ■ E007 SECTION A GL POWER ■ E008 SECTION E L1 POWER ■ E009 SECTION F L1 POWER ■ E010 SECTION D L1 POWER ■ E011 SECTION G L1 POWER ■ E012 SECTION C L1 POWER ■ E013 SECTION H L1 POWER ■ E014 SECTION B L1 POWER ■ E015 SECTION A L1 POWER ■ E016 SECTION E L2 POWER ■ E017 SECTION F L2 POWER ■ E018 SECTION D L2 POWER ■ E019 SECTION C L2 POWER ■ E020 SECTION B L2 POWER ■ E021 SECTION A L2 POWER ■ E022 SECTION E L3 POWER ■ E023 SECTION F L3 POWER ■ E024 SECTION B L5 POWER ■ E025 SECTION E GL LIGHTING ■ E026 SECTION D GL LIGHTING ■ E027 SECTION G GL LIGHTING ■ E028 SECTION C GL LIGHTING ■ E029 SECTION H GL LIGHTING ■ E030 SECTION B GL LIGHTING ■ E031 SECTION A GL LIGHTING ■ E032 SECTION E L1 LIGHTING ■ E033 SECTION F L1 LIGHTING ■ E034 SECTION D L1 LIGHTING ■ E035 SECTION C L1 LIGHTING ■ E036 SECTION B L1 LIGHTING ■ E037 SECTION A L1 LIGHTING ■ E038 SECTION E L2 LIGHTING ■ E039 SECTION F L2 LIGHTING ■ E040 SECTION D L2 LIGHTING ■ E041 SECTION C L2 LIGHTING ■ E042 SECTION B L2 LIGHTING ■ E043 SECTION A L2 LIGHTING ■ E044 SECTION E L3 LIGHTING ■ E045 SECTION F L3 LIGHTING ■ E046 SECTION B L5 LIGHTING ■ E047 SUB ELECTRIC ROOMS ■ E048 PANEL SCHEDULES & 1-LINES ■ IT001 TELECOM & AUDIO ■ CA001 CCTV & CARD ACCESS ■ FA001 GROUND & LEVEL 1 FIRE ALARM ■ FA002 LEVEL 2 & LEVEL 3 FIRE ALARM ■ FA003 LEVEL 4 & LEVEL 5 FIRE ALARM ■ FA004 LEVEL 6 N & ROOFS FIRE ALARM W/ DETAILS ■ SHEET INDEX SHEET SHEET NAME GMP A772 EXTERIOR DETAILS - TERRACE ■ A775 EXTERIOR DETAILS - BALCONY ■ A781 EXTERIOR DETAILS - CANOPY ■ A782 EXTERIOR DETAILS - CANOPY ■ A791 EXTERIOR DETAILS - ROOF ■ A792 EXTERIOR DETAILS - ROOF ■ A801 INTERIOR DETAILS - COMMON ■ A802 INTERIOR DETAILS - COMMON ■ A803 INTERIOR DETAILS - COMMON ■ A804 INTERIOR DETAILS - COMMON ■ A805 INTERIOR DETAILS - STOREFRONT ■ A806 INTERIOR DETAILS - FLOOR TRANSITIONS & CEILING ■ A810 INTERIOR DETAILS - UNITS ■ A901 WINDOW SCHEDULE ■ A902 GLAZING SCHEDULE - SOUTH BUILDING ■ A903 GLAZING SCHEDULE - SOUTH BUILDING ■ A904 GLAZING SCHEDULE - NORTH BUILDING ■ A911 DOOR SCHEDULE ■ A921 ROOM FINISH SCHEDULE ■ A925 SCHEDULE OF FINISHES ■ A926 SCHEDULE OF FINISHES ■ STRUCTURAL S000 COVER SHEET ■ S001.1 GENERAL STRUCTURAL NOTES ■ S001.2 GENERAL STRUCTURAL NOTES ■ S002 SPECIAL INSPECTION ■ S003 SCHEDULES ■ S004 PT SLAB POUR SEQUENCE ■ S005 LOADING DIAGRAM ■ S100.1 FOUNDATION PLAN - LEVEL 1 SOUTH ■ S100.2 FOUNDATION PLAN - LEVEL 1 NORTH ■ S101.1A TENDON PLAN - PODIUM SOUTH ■ S101.1B REBAR PLAN - PODIUM SOUTH ■ S101.1C NON-LOAD BEARING CFS FRAMING - PODIUM SOUTH ■ S101.2A TENDON AND FOUNDATION - PODIUM NORTH ■ S101.2B REBAR PLAN - PODIUM NORTH ■ S102.1A TENDON PLAN - LEVEL 2 SOUTH ■ S102.1B REBAR PLAN - LEVEL 2 SOUTH ■ S102.1C SHEAR AND BEARING WALLS PLAN - LEVEL 2 SOUTH ■ S102.2A TENDON PLAN - LEVEL 2 NORTH ■ S102.2B REBAR PLAN - LEVEL 2 NORTH ■ S102.2C ROOF SHEAR AND BEARING - LEVEL 2 NORTH ■ S103.1 FLOOR FRAMING PLAN - LEVEL 3 SOUTH ■ S103.2 FLOOR FRAMING PLAN - LEVEL 3 NORTH ■ S104.1 FLOOR FRAMING PLAN - LEVEL 4 SOUTH ■ S104.2 FLOOR FRAMING PLAN - LEVEL 4 NORTH ■ S105.1 FLOOR FRAMING PLAN - LEVEL 5 SOUTH ■ S105.2 FLOOR FRAMING PLAN - LEVEL 5 NORTH ■ S106.2 FLOOR FRAMING PLAN - LEVEL 6 NORTH ■ S110.1 ROOF FRAMING PLAN - SOUTH ■ S110.2 ROOF FRAMING PLAN - NORTH ■ S301 BUILDING ELEVATIONS - SOUTH BUILDING ■ S302 BUILDING ELEVATIONS - SOUTH BUILDING ■ S303 BUILDING ELEVATIONS - NORTH BUILDING ■ S304 BUILDING ELEVATIONS - NORTH BUILDING ■ S305 VERTICAL CIRCULATION - N STAIRS ■ S306 VERTICAL CIRCULATION - S STAIRS ■ S307 VERTICAL CIRCULATION - ELEVATORS ■ S308 STAIR DETAILS ■ S309 ELEVATOR DETAILS ■ S310 CANOPY PLANS ■ S311 CANOPY DETAILS ■ S312 ELEVATIONS ■ S313 EXTERIOR STEEL STAIR - PLAN, SECTION, AND DETAILS ■ S320 BALCONY PLANS, DETAILS AND COILING DOOR SUPPORT ■ S401 MEZZANINE PARTIAL PLANS ■ S501 FOUNDATION DETAILS ■ S502 FOUNDATION DETAILS ■ S503 FOUNDATION DETAILS ■ S504 FOUNDATION DETAILS ■ S601 PT PODIUM DETAILS ■ S602 PT PODIUM DETAILS ■ S603 PT PODIUM DETAILS ■ S604 PT PODIUM DETAILS ■ S610 FLOOR FRAMING DETAILS ■ S611 FLOOR FRAMING DETAILS ■ S701 ROOF FRAMING DETAILS ■ S702 ROOF FRAMING DETAILS ■ S801 STANDARD WOOD SHEAR WALL ■ SHEET INDEX SHEET SHEET NAME GMP A155B ENLARGED PLAN - L5 AREA B ■ A156F ENLARGED PLAN - L6 AREA F ■ A250A ENLARGED RCP - L1 AREA A ■ A250B ENLARGED RCP - L1 AREA B ■ A250C ENLARGED RCP - L1 AREA C ■ A250D ENLARGED RCP - L1 AREA D ■ A250E ENLARGED RCP - L1 AREA E ■ A250G ENLARGED RCP - L1 AREA G ■ A250H ENLARGED RCP - L1 AREA H ■ A251A ENLARGED RCP - PODIUM AREA A ■ A251B ENLARGED RCP - PODIUM AREA B ■ A251C ENLARGED RCP - PODIUM AREA C ■ A251D ENLARGED RCP - PODIUM AREA D ■ A251E ENLARGED RCP - PODIUM AREA E ■ A251F ENLARGED RCP - PODIUM AREA F ■ A252A ENLARGED RCP - L2-L5 AREA A ■ A252B ENLARGED RCP - L2-L4 AREA B ■ A252C ENLARGED RCP - L2-L5 AREA C ■ A252D ENLARGED RCP - L2-L5 AREA D ■ A252E ENLARGED RCP - L2 AREA E ■ A252F ENLARGED RCP - L2 AREA F ■ A253E ENLARGED RCP - L3-L6 AREA E ■ A253F ENLARGED RCP - L3-L5 AREA F ■ A255B ENLARGED RCP - L5 AREA B ■ A256F ENLARGED RCP - L6 AREA F ■ A301 BUILDING ELEVATIONS - SOUTH BUILDING ■ A302 BUILDING ELEVATIONS - SOUTH BUILDING ■ A303 BUILDING ELEVATIONS - NORTH BUILDING ■ A304 BUILDING ELEVATIONS - NORTH BUILDING ■ A305 BUILDING ELEVATIONS - PARTIAL ■ A401 BUILDING SECTIONS ■ A402 BUILDING SECTIONS ■ A421 FOUNDATION WALL SECTIONS ■ A422 FOUNDATION WALL SECTIONS ■ A451 WALL SECTIONS - SOUTH BUILDING ■ A452 WALL SECTIONS - SOUTH BUILDING ■ A453 WALL SECTIONS - SOUTH BUILDING ■ A454 WALL SECTIONS - NORTH BUILDING ■ A455 WALL SECTIONS - NORTH BUILDING ■ A456 WALL SECTIONS - NORTH BUILDING ■ A470 ENVELOPE DIAGRAM ■ A475 PROJECT MOCKUP ■ A501 VERTICAL CIRCULATION - N STAIRS ■ A502 VERTICAL CIRCULATION - S STAIRS ■ A503 VERTICAL CIRCULATION - MISC. ■ A511 VERTICAL CIRCULATION - ELEVATORS ■ A521 VERTICAL CIRCULATION DETAILS ■ A522 VERTICAL CIRCULATION DETAILS ■ A601 COMMON AREA INTERIOR ELEVATIONS ■ A602 COMMON AREA INTERIOR ELEVATIONS ■ A603 COMMON AREA INTERIOR ELEVATIONS ■ A604 COMMON AREA INTERIOR ELEVATIONS ■ A605 COMMON AREA INTERIOR ELEVATIONS ■ A610 INTERIOR UNIT CASEWORK ■ A611 INTERIOR UNIT ANSI A CASEWORK ■ A702 EXTERIOR DETAILS - SUBGRADE ■ A703 EXTERIOR DETAILS - GRADE ■ A705 EXTERIOR DETAILS - MASONRY ■ A706 EXTERIOR DETAILS - MASONRY ■ A711 EXTERIOR DETAILS - SLAB PERIMETER ■ A712 EXTERIOR DETAILS - SLAB PERIMETER ■ A715 EXTERIOR DETAILS - CLADDING ■ A716 EXTERIOR DETAILS - RADIUS ■ A721 EXTERIOR DETAILS - VINYL WINDOW ■ A722 EXTERIOR DETAILS - VINYL WINDOW ■ A723 EXTERIOR DETAILS - VINYL DOOR, SECTIONAL DOOR ■ A724 EXTERIOR DETAILS - HOLLOW METAL DOOR ■ A725 EXTERIOR DETAILS - STOREFRONT DOOR ■ A726 EXTERIOR DETAILS - LOUVER ■ A727 EXTERIOR DETAILS - PTHP ■ A728 EXTERIOR DETAILS - PTHP ■ A731 EXTERIOR DETAILS - STOREFRONT ■ A732 EXTERIOR DETAILS - STOREFRONT ■ A741 EXTERIOR DETAILS - GARAGE ■ A742 EXTERIOR DETAILS - GARAGE ■ A743 EXTERIOR DETAILS - GATES ■ A761 EXTERIOR DETAILS - COURTYARD ■ A771 EXTERIOR DETAILS - TERRACE ■ SHEET INDEX SHEET SHEET NAME GMP LANDSCAPE L050 SITE PLAN ■ L151 SITEWORK DETAILS ■ L601 PLANTING PLAN ■ L651 PLANTING DETAILS ■ L701 IRRIGATION PLAN ■ L751 IRRIGATION DETAILS ■ ARCHITECTURE A001 SYMBOLS AND ANNOTATION ■ A002 INT ASSEMBLIES - VERTICAL WOOD ■ A003 INT ASSEMBLIES - VERTICAL METAL ■ A004 HORIZONTAL ASSEMBLIES ■ A005 EXT ASSEMBLIES ■ A011 WOOD FRAMING RATED ASSEMBLIES ■ A051 SITE PLAN ■ A100.1 OVERALL PLANS - LEVEL 1 SOUTH ■ A100.2 OVERALL PLANS - LEVEL 1 NORTH ■ A101.1 OVERALL PLANS - PODIUM SOUTH ■ A101.2 OVERALL PLANS - PODIUM NORTH ■ A102.1 OVERALL PLANS - LEVEL 2 SOUTH ■ A102.2 OVERALL PLANS - LEVEL 2 NORTH ■ A103.1 OVERALL PLANS - LEVEL 3 SOUTH ■ A103.2 OVERALL PLANS - LEVEL 3 NORTH ■ A104.1 OVERALL PLANS - LEVEL 4 SOUTH ■ A104.2 OVERALL PLANS - LEVEL 4 NORTH ■ A105.1 OVERALL PLANS - LEVEL 5 SOUTH ■ A105.2 OVERALL PLANS - LEVEL 5 NORTH ■ A106.2 OVERALL PLANS - LEVEL 6 NORTH ■ A110.1 ROOF PLAN SOUTH ■ A110.2 ROOF PLAN NORTH ■ A120 SLAB PLAN DIAGRAMS ■ A120A ENLARGED SLAB - L1 AREA A ■ A120B ENLARGED SLAB - L1 AREA B ■ A120C ENLARGED SLAB - L1 AREA C ■ A120D ENLARGED SLAB - L1 AREA D ■ A120E ENLARGED SLAB - L1 AREA E ■ A120G ENLARGED SLAB - L1 AREA G ■ A120H ENLARGED SLAB - L1 AREA H ■ A121A ENLARGED SLAB - PODIUM AREA A ■ A121B ENLARGED SLAB - PODIUM AREA B ■ A121C ENLARGED SLAB - PODIUM AREA C ■ A121D ENLARGED SLAB - PODIUM AREA D ■ A121E ENLARGED SLAB - PODIUM AREA E ■ A121F ENLARGED SLAB - PODIUM AREA F ■ A121G ENLARGED SLAB - PODIUM AREA G ■ A121H ENLARGED SLAB - PODIUM AREA H ■ A122A ENLARGED SLAB - L2 AREA A ■ A122B ENLARGED SLAB - L2 AREA B ■ A122C ENLARGED SLAB - L2 AREA C ■ A122D ENLARGED SLAB - L2 AREA D ■ A122E ENLARGED SLAB - L2 AREA E ■ A122F ENLARGED SLAB - L2 AREA F ■ A150A ENLARGED PLAN - L1 AREA A ■ A150B ENLARGED PLAN - L1 AREA B ■ A150C ENLARGED PLAN - L1 AREA C ■ A150D ENLARGED PLAN - L1 AREA D ■ A150E ENLARGED PLAN - L1 AREA E ■ A150G ENLARGED PLAN - L1 AREA G ■ A150H ENLARGED PLAN - L1 AREA H ■ A151A ENLARGED PLAN - PODIUM AREA A ■ A151B ENLARGED PLAN - PODIUM AREA B ■ A151C ENLARGED PLAN - PODIUM AREA C ■ A151D ENLARGED PLAN - PODIUM AREA D ■ A151E ENLARGED PLAN - PODIUM AREA E ■ A151F ENLARGED PLAN - PODIUM AREA F ■ A151G ENLARGED PLAN - PODIUM AREA G ■ A151H ENLARGED PLAN - PODIUM AREA H ■ A152A ENLARGED PLAN - L2-L5 AREA A ■ A152B ENLARGED PLAN - L2-L4 AREA B ■ A152C ENLARGED PLAN - L2-L5 AREA C ■ A152D ENLARGED PLAN - L2-L5 AREA D ■ A152E ENLARGED PLAN - L2 AREA E ■ A152F ENLARGED PLAN - L2 AREA F ■ A153E ENLARGED PLAN - L3 AREA E ■ A153F ENLARGED PLAN - L3 AREA F ■ A154E ENLARGED PLAN - L4-L6 AREA E ■ A154F ENLARGED PLAN - L4-L5 AREA F ■ SHEET INDEX SHEET SHEET NAME GMP GENERAL G001 COVER SHEET ■ G003 EXTERIOR VIEWS ■ G051 SURVEY - FOR REFERENCE ONLY ■ G052 CODE COMPLIANCE SITE PLAN AND SUMMARY ■ G101 CODE COMPLIANCE PLANS - LEVELS 01 & PODIUM ■ G102 CODE COMPLIANCE PLANS - LEVELS 02 & 03 ■ G103 CODE COMPLIANCE PLANS - LEVELS 04 & 05 ■ G104 CODE COMPLIANCE PLANS - LEVEL 06 ■ G301 CODE COMPLIANCE ELEVATIONS ■ G401 CODE COMPLIANCE SECTIONS ■ G801 ACCESSIBILITY DIAGRAMS ■ G802 ACCESSIBILITY DIAGRAMS ■ CIVIL C000 COVER SHEET ■ C010 GENERAL NOTES SHEETS ■ C050 EXISTING CONDITIONS PLAN ■ C070 DEMOLITION PLAN ■ C100 OVERALL SITE PLAN ■ C200 OVERALL GRADING PLAN ■ C210 GRADING - DARTMOUTH & CLINTON ■ C220 GRADING - 72ND AVE ■ C230 GRADING - ON-SITE GRADING ■ C300 OVERALL COMPOSITE UTILITY PLAN ■ C310 COMPOSITE UTILITY PLAN ■ C400 DETAILS ■ CIVIL - 1200-CN C.050 EROSION AND SEDIMENT CONTROL - COVER SHEET ■ C.051 CLEARING AND DEMOLITION EROSION AND SEDIMENT CONTROL PLAN ■ C.052 GRADING, STREET, AND UTILITY CONSTRUCTION ESC PLAN ■ C.053 EROSION AND SEDIMENT CONTROL DETAILS ■ CIVIL - PFI C0.0 COVER SHEET ■ C1.0 EXISTING CONDITIONS PLAN ■ C2.0 TYPICAL SECTION - SW DARTMOUTH AVE ■ C2.1 TYPICAL SECTION - SW 72ND AVE ■ C2.2 TYPICAL SECTION - SW CLINTON ST ■ C3.0 STREET PLAN - OVERALL ■ C3.1 SW DARTMOUTH AVE STREET PLAN AND PROFILE ■ C3.2 SW 72ND AVE STREET PLAN AND PROFILE ■ C3.3 SW 72ND AVE STREET PLAN AND PROFILE ■ C3.4 SW 72ND AVE STREET PLAN AND PROFILE ■ C3.5 SW CLINTON ST STREET PLAN AND PROFILE ■ C3.6 SW CLINTON ST STREET PLAN AND PROFILE ■ C4.0 GRADING PLAN - OVERALL ■ C4.1 SW 72ND AVE & SW DARTMOUTH AVE ENLARGEMENT ■ C4.2 SW 72ND AVE & SW CLINTON ST ENLARGEMENT ■ C4.3 SW 72ND AVE - DRIVEWAY GRADING ENLARGEMENT ■ C4.4 SW CLINTON ST - DRIVEWAY GRADING ENLARGEMENT ■ C5.0 STORM PLAN - OVERALL ■ C5.1 SW DARTMOUTH AVE STORM PLAN AND PROFILE ■ C5.2 SW 72ND AVE STORM PLAN AND PROFILE ■ C5.3 SW 72ND AVE STORM PLAN AND PROFILE ■ C5.4 SW 72ND AVE STORM PLAN AND PROFILE ■ C5.5 SW CLINTON ST STORM PLAN AND PROFILE ■ C5.6 SW CLINTON ST STREET PLAN AND PROFILE ■ C5.8 ON-SITE STORM SYSTEM - SW 72ND AVE OUTLET ■ C5.9 ON-SITE STORM SYSTEM - SW DARTMOUTH AVE OUTLET ■ C6.0 SANITARY SEWER & WATER PLAN ■ C9.0 DETAILS ■ C9.1 DETAILS ■ C9.2 DETAILS ■ C9.3 DETAILS ■ C9.4 DETAILS ■ C9.5 DETAILS ■ C9.6 DETAILS ■ L100 LANDSCAPING/TREE PLAN ■ L101 LANDSCAPING/TREE PLAN ■ IL-01 ILLUMINATION LEGEND ■ IL-02 ILLUMINATION PLAN ■ SS-01 STRIPING PLAN ■ SS-02 STRIPING LEGEND ■ ARCHITECTURE URBAN DESIGN + PLANNING INTERIOR DESIGN PORTLAND | OAKLAND SERADESIGN.COMNOT FOR CONSTRUCTIONPRELIMINARYCHECKED BY: ISSUE DATE: PROJECT NO: REVISIONS SERA Design and Architecture, Inc.Copyright protected.See Design Agreement.For use on this project only.Unauthorized reproduction of any part of this material is prohibited.© 20192020/04/03 14:41:51GMP SETDARTMOUTH APARTMENTSDARTMOUTH DEVELOPMENT PARTNERS11974; 11882 SW 72ND AVETIGARD, OR 97223BUP 2019-003.46 -Original Intake on 12/19/2019G003 TD 04/03/2020 1903007 EXTERIOR VIEWS© 20191 SW AERIAL5NW AERIAL 2 SW VIEW6NW VIEW 7 PARKLET VIEW 3 WEST FACADE AXON 4 SE VIEW LEGEND - CODE ELEVATIONS EXTERIOR ENVELOPE EXTERIOR FENESTRATION GROUND STORY WINDOWS L1 SOUTH 220'-0" PN PS PODIUM 243'-0" K VS L2 SOUTH 255'-0" L3 SOUTH 265'-3" L4 SOUTH 275'-6" L5 SOUTH 286'-9" TO PARAPET SOUTH 301'-3" TO PARAPET NORTH 310'-10" A L2 NORTH 256'-0" L3 NORTH 266'-3" L4 NORTH 276'-6" L5 NORTH 286'-9" L6 NORTH 297'-0" B C D E F G H J L M N P Q R T U TABLE 18.660.8 4270 SF OF GROUND STORY WALL AREA WINDOW AREA MINIMUM 50% OF FACADE = 2135 SF OF WINDOW AREA GROUND WINDOW AREA: 2215 SF (51.9%) TABLE 18.660.8 13,600 SF OF UPPER STORIES WALL AREA WINDOW AREA MINIMUM 30% OF FACADE = 4080 SF OF WINDOW AREA UPPER WINDOW AREA: 4371 SF (32.1%) TABLE 18.660.8 2739 SF OF GROUND STORY WALL AREA WINDOW AREA MINIMUM 50% OF FACADE = 1369.5 SF OF WINDOW AREA GROUND WINDOW AREA: 1378 SF (50.3%) TABLE 18.660.8 5931 SF OF UPPER STORIES WALL AREA WINDOW AREA MINIMUM 30% OF FACADE = 1779.3 SF OF WINDOW AREA UPPER WINDOW AREA: 1941 SF (32.7%)14'-6"11'-3"10'-3"10'-3"12'-0"23'-0"13'-10"10'-3"10'-3"10'-3"10'-3"24'-11"18.660.080.C BUILDING ENTRANCES MINIMUM OF 1 BUILDING ENTRANCE EVERY 80 FEET OF BUILDING FACADE. 236'-5"/80 FT = 3 BUILDING ENTRANCES REQUIRED; 6 PROVIDED 11'-0"13'-6"ELEVATOR OVERRUN ELEVATOR OVERRUN CANOPYCANOPY CANOPYCANOPYCANOPY CANOPY 18.660.080.C BUILDING ENTRANCES MINIMUM OF 1 BUILDING ENTRANCE EVERY 80 FEET OF BUILDING FACADE. 111'-6"/80 FT = 2 BUILDING ENTRANCES REQUIRED; 2 PROVIDED6' MAXL1 NORTH AMENITY 231' - 1"14'-10"9'-5 1/4"11'-4"9'-7 1/2"L1 SOUTH 220'-0" PODIUM 243'-0" PW 410 L2 SOUTH 255'-0" L3 SOUTH 265'-3" L4 SOUTH 275'-6" L5 SOUTH 286'-9" TO PARAPET SOUTH 301'-3" 14 567891113 TABLE 18.660.8 2963 SF OF GROUND STORY WALL AREA WINDOW AREA MINIMUM 50% OF FACADE = 1481.5 SF OF WINDOW AREA GROUND WINDOW AREA: 1537 SF (51.8%) TABLE 18.660.8 9700 SF OF UPPER STORIES WALL AREA WINDOW AREA MINIMUM 30% OF FACADE = 2910 SF OF WINDOW AREA UPPER WINDOW AREA: 2914 SF (30%)14'-6"11'-3"10'-3"10'-3"12'-0"23'-0"12 13'-6"12'-9"CANOPYCANOPYCANOPYCANOPYCANOPY 158' FRONTAGE 18.660.080.C BUILDING ENTRANCES MINIMUM OF 1 BUILDING ENTRANCE EVERY 80 FEET OF BUILDING FACADE. 158'/80 FT = 2 BUILDING ENTRANCES REQUIRED; 4 PROVIDED TRANSFORMER VAULT, NOT A BUILDING ENTRY. NO WEATHER PROTECTION REQUIRED18'-9"1 PW410 TO PARAPET NORTH 310'-10" 14 L2 NORTH 256'-0" L3 NORTH 266'-3" L4 NORTH 276'-6" L5 NORTH 286'-9" L6 NORTH 297'-0" 5 6 7 8 9 11 132 TABLE 18.660.8 3043 SF OF GROUND STORY WALL AREA WINDOW AREA MINIMUM 50% OF FACADE = 1521.5 SF OF WINDOW AREA GROUND WINDOW AREA: 1533 SF (50.3%) PARKING SCREENING 30% MAX SIGHT OBSCURING PER 18.660.8.E.1 TABLE 18.660.8 10,535 SF OF UPPER STORIES WALL AREA WINDOW AREA MINIMUM 30% OF FACADE = 3160.5 SF OF WINDOW AREA UPPER WINDOW AREA: 3223.5 SF (30.6%)24'-11"10'-3"10'-3"10'-3"10'-3"13'-10"123 CANOPY CANOPY 194' FRONTAGE 18.660.080.C BUILDING ENTRANCES MINIMUM OF 1 BUILDING ENTRANCE EVERY 80 FEET OF BUILDING FACADE. 194'/80 FT = 3 BUILDING ENTRANCES REQUIRED; 3 PROVIDED L1 NORTH AMENITY 231' - 1" ARCHITECTURE URBAN DESIGN + PLANNING INTERIOR DESIGN PORTLAND | OAKLAND SERADESIGN.COMNOT FOR CONSTRUCTIONPRELIMINARYCHECKED BY: ISSUE DATE: PROJECT NO: REVISIONS SERA Design and Architecture, Inc.Copyright protected.See Design Agreement.For use on this project only.Unauthorized reproduction of any part of this material is prohibited.© 20192020/04/03 00:50:05GMP SETDARTMOUTH APARTMENTSDARTMOUTH DEVELOPMENT PARTNERS11974; 11882 SW 72ND AVETIGARD, OR 97223BUP 2019-003.46 -Original Intake on 12/19/2019G301 TD 04/03/2020 1903007 CODE COMPLIANCE ELEVATIONS© 2019GENERAL NOTES - CODE SUMMARY A. CODE SUMMARY KEYED NOTES APPLY TO SHEETS G101-G401. ALL KEYED NOTES MAY NOT OCCUR ON THIS SHEET AND DO NOT APPLY TO ANY OTHER SHEETS EXCEPT THOSE NOTED. B. ALL WORK SHOWN ON THIS SHEET IS INCLUDED IN THE CONTRACT FOR CONSTRUCTION, WHETHER SHOWN ELSEWHERE OR NOT. CONTRACTOR SHALL MAKE ALLOWANCES FOR CONNECTION, HOOK UP, ETC. AS REQUIRED SO THAT ITEMS, EQUIPMENT, ETC. ARE FIT FOR INTENDED PURPOSE. C. SEE ELECTRICAL AND MECHANICAL PLANS FOR ADDITIONAL SYMBOLS D. PROVIDE LISTED FIRESTOP, CONTINUOUS AT PERIMETER GAPS OF ALL RATED CONSTRUCTION AS REQUIRED TO MAINTAIN THE SPECIFIED RATING. E. SQUARE FOOTAGE AREA CALCULATIONS ARE BASED ON THE BUILDING CODE DEFINITIONS OF GROSS AND NET AREAS AS USED TO DETERMINE OCCUPANT LOADS ONLY AND ARE NOT A REPRESENTATION OF LEASABLE AREA. 3 AB C D E F G H 1 1" = 20'-0"1 CODE WEST ELEVATION 1" = 20'-0"2 CODE SOUTH ELEVATION 1" = 20'-0"3 CODE NORTH ELEVATION 2 1533 SF 1378 SF 2215 SF 1537 SF 3043 SF 2739 SF 4270 SF 2963 SF NORTH BUILDING NORTH FACADE NORTH BUILDING WEST FACADE SOUTH BUILDING WEST FACADE SOUTH BUILDING SOUTH FACADE GROUND WINDOW AREA GROUND STORY AREA 50.3% 50.3% 51.9% 51.8% TABLE 18.660.8 MINIMUM WINDOW AREA GROUND STORY: 50% OF FACADE UPPER STORIES: 30% OF FACADE 3223.5 SF 1941 SF 4371 SF 2914 SF 10535 SF 5931 SF 13600 SF 9700 SF NORTH BUILDING NORTH FACADE NORTH BUILDING WEST FACADE SOUTH BUILDING WEST FACADE SOUTH BUILDING SOUTH FACADE UPPER WINDOW AREA UPPER STORY AREA 30.6% 32.7% 32.1% 30% UP UP UPUP UP UPUP UP PN 1 PS PW 4 K V S 1014 A B 56789 C D E F G H J L M N P Q R 1113 T U 2 3 A402 2 A402 1 A401 1 A402 12 S W D A R T M O U T H S TS W 7 2 N D A V EEDGE OF BUILDING ABOVE UP DN VEHICLE RAMP UPPROPERTY LINEPROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE A100.2 1 A100.1 1 2 A401 OUTDOOR AMENITY RESIDENTAIL LOBBY ENTRANCE NORTH BUILDING CANOPY ABOVE CANOPY ABOVE CANOPY ABOVE RETAIL ENTRANCE RETAIL ENTRANCE RETAIL ENTRANCE RETAIL ENTRANCE RETAIL ENTRANCE PARKING ENTRANCE RESIDENTIAL LOBBY ENTRANCE RESIDENTIAL AMENITY SOUTH BUILDING EMERGENCY LOCK BOX REMOTE ENTRY CALL BOX TRANSFORMER ROOM "CUSTOMER- OWNED" VAULT ELECTRICAL ROOM EMERGENCY LOCK BOX BUILDING ADDRESS AT MAIN ENTRY REMOTE ENTRY CALL BOX FIRE DEPT CONNECTION & ALARM BELL NATURAL GAS REGULATOR & SERVICE CONNECTION VENTILATED METAL GATE EXIT CANOPY ABOVE CANOPY ABOVE CANOPY ABOVE CANOPY ABOVE CANOPY ABOVE CANOPY ABOVECANOPY ABOVE STRUCTURED PARKING (ADDITIONAL LEVEL ABOVE) BENCH, SEE LANDSCAPE 3 8'-0"8'-0"8'-0"PN 1 PS PW 4 K V S 1014 A B 56789 C D E F G H J L M N P Q R 1113 T U 2 3 A402 2 A402 1 A401 1 A402 12 S W C L I N T O N S T EDGE OF BUILDING ABOVE EDGE OF BUILDING ABOVE A101.2 1 A101.1 1 2 A401 NORTH BUILDING TRASH ROOM PARKING ENTRANCE SOUTH BUILDING DOG PARK, SEE LANSCAPE STRUCTURED PARKING (OPEN TO SKY) TUCK-UNDER PARKING PARKING ENTRY VENTILATED GARAGE DOOR PARKING ENTRANCE EXIT SITE LIGHTING ON CONCRETE BASE SITE LIGHTING ON CONCRETE BASE 3 18'-0" TYP. UNO TYP.8'-0"20'-0" TYP.8'-0"8'-0"8'-0"18'-0" 20'-1" 17'-6" 17'-6" 20'-0" 17'-6"20'-0" 17'-6"17'-6"8'-0"8'-0"8'-0"18'-0" 05 50 00 - 3 RAIL GUARDRAIL, POSTS 48" OC ARCHITECTURE URBAN DESIGN + PLANNING INTERIOR DESIGN PORTLAND | OAKLAND SERADESIGN.COMNOT FOR CONSTRUCTIONPRELIMINARYCHECKED BY: ISSUE DATE: PROJECT NO: REVISIONS SERA Design and Architecture, Inc.Copyright protected.See Design Agreement.For use on this project only.Unauthorized reproduction of any part of this material is prohibited.© 20194/3/2020 12:09:27 PMGMP SETDARTMOUTH APARTMENTSDARTMOUTH DEVELOPMENT PARTNERS11974; 11882 SW 72ND AVETIGARD, OR 97223BUP 2019-003.46 -Original Intake on 12/19/2019A051 ARG 04/03/2020 1903007 SITE PLAN© 2019GENERAL NOTES - SITE PLAN A. SITE PLAN KEYED NOTES APPLY TO SHEET A051. ALL KEYED NOTES MAY NOT OCCUR ON THIS SHEET AND DO NOT APPLY TO ANY OTHER SHEETS EXCEPT THOSE NOTED. B. REFERENCE CIVIL AND LANDSCAPE DRAWINGS FOR ADDITIONAL SITEWORK INFORMATION. C. WORK IN THE RIGHT OF WAY IS SHOWN FOR REFERENCE ONLY. REFER TO SEPARATE RIGHT OF WAY IMPROVEMENT DRAWINGS FOR INFORMATION. D. REFERENCE ELECTRICAL DRAWINGS FOR LIGHTING SCHEDULE. E. REFERENCE SHEET A450 FOR SUBGRADE WATERPROOFING STRATEGY 1/16" = 1'-0"1 SITE PLAN - LEVEL 1 1/16" = 1'-0"2 SITE PLAN - PODIUM LEVEL AIS-4351 6. Business Meeting Meeting Date: 07/28/2020 Length (in minutes): 5 Minutes Agenda Title: TCDA Board Consideration of Estoppel Agreement Submitted By: Sean Farrelly, Community Development Item Type: Motion Requested Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE Shall the TCDA Board authorize the Board's executive director to execute an estoppel certificate related to the Development Assistance Agreement for the Overland mixed-use project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the estoppel certificate. KEY FACTS AND INFORMATION SUMMARY The Town Center Development Agency ("TCDA") entered into a Development Assistance Agreement ("DDA") with Dartmouth Development Partners, LLC in May 2019. The purpose of the DDA was to provide assistance for a proposed 215-unit (now 219 units) mixed use project with approximately 6,000 SF (now estimated 8,000 SF) of ground floor commercial space. The project was intended to be an exemplar project to further catalyze development within the Tigard Triangle, to demonstrate excellent design, and to help achieve the goals and objectives of the Tigard Triangle TIF District Plan and Tigard Triangle Plan District. As part of the DDA, the TCDA Board committed to $1 million for payment of system development charges ("SDCs") for the project. The request before the TCDA Board today is to authorize the Board's executive director to execute the Estoppel and Recognition Certificate ("Estoppel Certificate") in substantially the form attached. This request for an Estoppel Certificate is made by the project's construction lender, which requires this type of document in connection with the loan closing. The Estoppel Certificate essentially clarifies the rights of the lender in the event it must foreclose on the property or otherwise take interest in the property. The City's $1 million in SDCs is contingent upon development of the property as proposed and would not be available should the lender elect to pursue a different use or development of the site. OTHER ALTERNATIVES The Board could reject the estoppel certificate or request additional amendments. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2019-2021 Tigard Council Goals Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.1: Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant, walkable, and connected district. Tigard Triangle Urban Renewal Plan Goal 5 — Provide financial and technical assistance to new and existing businesses and housing developments that contribute to the Area's diversity and vitality and help it transform into a mixed-use and pedestrian-oriented district. Tigard Strate i'g c Plan Goal 2: Ensure development advances the vision Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. DATES OF PREVIOUS COUNCIL CONSIDERATION May 14, 2019: Consideration of Development Assistance Agreement for 72nd and Dartmouth Mixed Use April 23, 2019: Development Assistance Request: 72nd and Dartmouth Attachments Estoppel Certificate ESTOPPEL AND RECOGNITION 2020 Bank OZK 8300 Douglas Avenue, Suite 900 Dallas, Texas 75225 Attention: Cliffton Hill Re: 72nd & Dartmouth Apartment and Retail Project Tigard, Oregon Ladies and Gentlemen: The TOWN CENTER DEVELOPMENT AGENCY, the duly designated urban renewal agency of the City of Tigard (including any of its successors and assigns, the "TCDA") and DARTMOUTH PROJECT LLC, a Delaware limited liability company ('Borrower"), as successor-in-interest to DARTMOUTH DEVELOPMENT PARTNERS, LLC, an Oregon limited liability company("Initial Developer") are parties to that certain Development Assistance Agreement: SDC Waiver, dated as of June 17, 2019 (the "Development Agreement"), attached hereto and incorporated as Exhibit A. This Estoppel Certificate (this "Certificate") is being given by the TCDA to and for the benefit of BANK OZK (together with its successors and/or assigns, "Lender"), with the understanding that Lender will be relying upon the statements contained in this Certificate in connection with the provision of the Loan(defined below) and execution of the Loan Documents (defined below) and is acknowledged and agreed to by Borrower and the City of Tigard(the "Cily"). 1. Proposed Financing. The TCDA understands and acknowledges that Lender is considering the provision of development financing (the "Loan") to Borrower, for the purpose of providing part of the required funding for the development by Borrower of the Property (as defined in the Development Agreement), it being recognized and agreed that such Property and development is contemplated to include two (2) six (6) story buildings located at the northeast corner of SW 72nd Avenue and Dartmouth Street in Tigard, Oregon, totaling approximately 1.69 acres (the "Land" as further described on Exhibit B attached hereto) consisting of (i) a 219 multifamily apartment unit development totaling approximately 157,974 net rentable square feet (the "Apartment Component"), (ii) a ground floor retail component consisting of approximately 8,260 net rentable square feet (the "Retail Component") and (iii) parking structure with approximately 222 parking stalls (the "Parking Stalls", collectively with the Apartment Component, the Retail Component and the Parking Stalls, the "Project", and collectively with the Project and Land being referred to herein as the "Mortgaged Property"). The Loan is evidenced by a Construction Loan Agreement, Promissory Note, Deed of Trust and other documents, indemnities and guaranties further evidencing and/or securing the Loan (collectively, the "Loan Documents"). The TCDA recognize the existence of the Loan and Loan Documents and the rights of Lender thereunder. ESTOPPEL—Page 1 49265-808/Tigard Apartments(SKB)—OR 2. Development Agreement — General. The TCDA hereby agrees and certifies as follows: (a) Initial Developer's rights under the Development Agreement have been assigned to Borrower and the TCDA has consented to such assignment, notwithstanding anything to the contrary set forth in the Development Agreement, including, without limitation, Section 5 thereof. Borrower has collaterally assigned or will collaterally assign its rights under the Development Agreement to Lender pursuant to the Loan Documents and the TCDA has consented to such assignment, notwithstanding anything to the contrary set forth in the Development Agreement, including, without limitation, Section 5 thereof. (b) Attached as Exhibit A hereto is a true, correct and complete copy of the Development Agreement. There have been no amendments or modifications of any kind to, or assignments of, the Development Agreement (except the assignment from Initial Developer to Borrower as described in Section 2(a) of this Certificate. The Development Agreement is in full force and effect. Borrower (and not any affiliate of Borrower) is the current beneficiary of the Development Agreement. (c) The TCDA has not provided or been the recipient of any notice of any default, event of default, breach or similar circumstance with respect to the Development Agreement, except to the extent any such default has previously been cured and corrected. To the best knowledge of the TCDA, no such default or breach currently exists and, to the knowledge of the TCDA, no facts or circumstances currently exist that, with the passage of time, the giving of notice or both, would constitute a breach or default under the Development Agreement. (d) The TCDA agrees that it shall not terminate the Development Agreement except in accordance with the express terms thereof and only following the provision of notice to Lender and an opportunity to cure such circumstance as described in this Certificate. The TCDA further agrees that it shall not enter into any amendment or modification to the Development Agreement without Lender's prior written consent. Any termination or amendment entered into in violation of this Section 2(d) shall be void and have no force or effect. (e) The TCDA acknowledges and agrees that Lender may foreclose its lien on the Mortgaged Property, in accordance with the provisions of the Line of Credit Commercial Deed of Trust, Security Agreement and Fixture Filing (the "Deed of Trust") and applicable law, without the consent of the TCDA, and that Borrower may transfer the Mortgaged Property to Lender, or a nominee of Lender, by deed in lieu of foreclosure or similar instrument, without the consent of the TCDA. In connection with (i) any foreclosure by Lender (whether by power of sale, notice or judicially) of the Deed of Trust, or any other acquisition by Lender, or a nominee of Lender, of the Mortgaged Property in lieu of such foreclosure (collectively, a "Foreclosure") and (ii) the transfer of the Mortgaged Property to Lender or a third-party purchaser or purchasers concurrently with such Foreclosure or thereafter (a "Purchaser"), the Development Agreement shall remain in full force and effect and Borrower's position under the Development ESTOPPEL—Page 2 49265-808/Tigard Apartments(SKB)—OR Agreement shall accompany and be deemed covenants running with the Mortgaged Property, and the Purchaser shall be deemed to have assumed Borrower's position with respect to the Development Agreement. Upon the acquisition of the Mortgaged Property by a Purchaser, the TCDA shall (i) look to Purchaser and/or Borrower for performance of the obligations (if any) under the Development Agreement, (ii) make and/or render to Purchaser all payments and/or performance (if any) required to be made by the TCDA to Borrower under the Development Agreement and (iii) recognize Purchaser's right to exercise all of the rights, privileges and benefits of Borrower provided under the Development Agreement. It is expressly acknowledged that (A) neither Lender nor any Purchaser shall have any obligation to construct or operate the Project either before or after a Foreclosure and (B) any benefits of the Development Agreement that are contingent on such construction or operation of the Project may not be available in the event the Project is not constructed or operated as contemplated by the Development Agreement and this Certificate. For avoidance of doubt, payment by TCDA of $1,000,000.00 for system development charges is contingent on construction of the Project and will not be available for any development other than the Project. (f) The TCDA and Borrower shall give Lender written notice of any event of default by Borrower (the "Notice") under the Development Agreement, and Lender shall have the right to cure or eliminate such event of default within thirty (30) days, after Lender's receipt of such Notice; provided, however, if any default shall occur which cannot with due diligence be cured within such 30-day period, then Lender shall have such additional time as may be reasonably necessary to cure said default as long as Lender commences a cure within such 30-day period and thereafter diligently proceeds to cure the default. In addition, such default shall be deemed cured and the TCDA shall not terminate the Development Agreement if. (i) Lender shall, within 30 days after receipt of Notice of such default, commence and diligently prosecute such actions as may be necessary for the appointment of a receiver or to cause the foreclosure of the Deed of Trust (including, without limitation, seeking relief from the automatic stay provisions of Section 362 of the Bankruptcy Code or any successor statute in any bankruptcy proceeding affecting such foreclosure); and (ii) Lender or receiver shall undertake in writing to perform all other covenants of Borrower but only to the extent reasonably capable of performance by Lender throughout such foreclosure proceedings, except as otherwise set forth herein. 3. Development Agreement — Additional Acknowledgements. The TCDA does hereby agree and certify as follows with respect to the following matters relative to the Development Agreement: (a) The TCDA is not aware of any facts or circumstances that would prevent Borrower from realizing the anticipated waiver of Borrower's obligation to pay the first $1,000,000.00 of system development charges (the "SDCs"') triggered by the development of the Project and TCDA's responsibility to reimburse the City of Tigard in the amount of$1,000,000.00: (b) All plans required pursuant to Section 1.2.1 of the Development Agreement have been submitted to the TDCA and approved by the TCDA. ESTOPPEL—Page 3 49265-808/Tigard Apartments(SKB)—OR (c) The TCDA and the City each acknowledge and agree that, in accordance with Section 1.2.2 of the Development Agreement (i) all land use approvals required by the City of Tigard for the Project and permits required for the construction of the Project in accordance with the Approved Project Plans (as defined in the Development Agreement) are ready to be pulled subject only to the payment of permit fees, and (ii) no appeal of any required approval or permit has been filed and with respect to the lot consolidation and two adjustments completed prior the date of this Certificate the time for any such appeal has expired. (d) So long as Lender or Purchaser, after acquiring the Mortgaged Property, (i) is using commercially reasonable efforts to develop the Project in accordance with the Approved Project Plans or (ii) although construction of the Project has been suspended, as soon as practicable intends on resuming construction (including, in the case of Lender or an affiliate of Lender, by seeking to identify a third party Purchaser to acquire the Project and resume construction as soon as practicable) in accordance with the Approved Project Plans, the TCDA hereby agrees to toll the Project Schedule (attached as Exhibit B of the Development Agreement) as reasonably necessary due to any delays caused by the Foreclosure, the transfer of the Mortgaged Property to Purchaser, and/or delays in construction due to events and circumstances outside of Lender's or Purchaser's reasonable control. (e) The TCDA acknowledges that the BOLI Determination Letter has been received from BOLI and TCDA is not aware of any facts or circumstances that would render such determination letter as invalid or know of any reason the Oregon Prevailing Wage Laws would apply to any portion of the development or construction of the Project. 4. Notices. The TCDA agrees that all notices required to Lender under the Development Agreement or this Estoppel shall be provided by the means described in Section 9.1 of the Development Agreement and addressed as follows: Bank OZK 8300 Douglas Avenue, Suite 900 Dallas, Texas 75225 Attention: Cliffton Hill With a copy to: Bank OZK 6th and Commercial P.O. Box 196 Ozark, Arkansas 72949 Attention: Regina Barker And a copy to: ESTOPPEL—Page 4 49265-808/Tigard Apartments(SKB)—OR Winstead PC 500 Winstead Building 2728 N. Harwood Street Dallas, Texas 75201 Attn: Benjamin L. Leffler The Lender may provide an alternative address (by written notice by similar means) to the TCDA which alternative address shall be thereafter applicable with respect to notices from the TCDA. 5. Capitalized Terms. Capitalized terms not defined herein shall have the definitions set forth in each of the respective sections above in each of the respective captioned agreements. 6. Binding Nature. This Certificate shall be binding upon the TCDA, the City, Borrower, and their respective successors and assigns, and shall inure to the benefit of and be enforceable by Lender. 7. Counterparts; Facsimile and Electronic Transmission. To facilitate execution, this Certificate may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature and acknowledgment of, or on behalf of, each party, or that the signature and acknowledgment of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this Certificate to produce or account for more than a single counterpart containing the respective signatures and acknowledgment of, or on behalf of, each of the parties hereto. Any signature and acknowledgment page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures and acknowledgments thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature and acknowledgment pages. This Certificate may be transmitted and/or signed by facsimile or e-mail transmission (e.g., "pdf' or "tif'). The effectiveness of any such documents and signatures shall, subject to applicable legal requirements, have the same force and effect as manually-signed originals and shall be binding on all parties to this Certificate. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW] ESTOPPEL—Page 5 49265-808/Tigard Apartments(SKB)—OR IN WITNESS WHEREOF, each of the TCDA, the City and Borrower has executed this Estoppel as of the date above first written. TCDA: TOWN CENTER DEVELOPMENT AGENCY, the duly designated urban renewal agency of the City of Tigard By: Name: Title: ESTOPPEL—Signature Page 49265-808/Tigard Apartments(SKB)—OR BORROWER: DARTMOUTH PROJECT LLC, A Delaware limited liability company By: Name: Title: ESTOPPEL—Signature Page 49265-808/Tigard Apartments(SKB)—OR CITY: THE CITY OF TIGARD, a By: Name: Title: Authorized Signatory ESTOPPEL—Signature Page 49265-808/Tigard Apartments(SKB)—OR EXHIBIT A Development Agreement [Copy of Development Assistance Agreement: SDC Waiver, dated as of June 17, 2019 immediately follows this cover page] EXHIBIT A—Development Agreement—Cover Page 49265-808/Tigard Apartments(SKB)—OR EXHIBIT A DEVELOPMENT ASSISTANCE AGREEMENT:SDC WAIVER (72ND AND DARTMOUTH) This Development Assistance Agreement providing for an SDC waiver (72ND AND DARTMOUTH) (this "Agreement") is made and entered this 171�' day of June, 2019 (the "Effective Date"), by and between the TOWN CENTER DEVELOPMENT AGENCY,the duly designated urban renewal agency of the City of Tigard "ICDA" and DARTMOUTH DEVELOPMENT PARTNERS, LLC, an Oregon limited liability company, or its assignee ("Developer"). TCDA and Developer may be referred to jointly in this Agreement as the"Parties"and individually as a "Party." RECITALS A. In furtherance of the objectives of Oregon Revised Statutes, Chapter 457 and the Tigard Triangle Urban Renewal Plan in effect on the Effective Date(the "UR Plan") the TCDA desires to enter into this Agreement to facilitate the development of the Project(defined below)on property located at 11860-11990 SW 72"d Avenue(the"Property"). B. The Property is currently unimproved and is bounded on three sides by SW 72nd Avenue,SW Dartmouth Street,SW Clinton Street and is depicted on Exhibit A attached to this Agreement. C. Developer intends to develop on the Property a mixed-use multi-family residential development that will include approximately 215 residential units,ground floor commercial space, parking, and enhanced streetscape improvements(the"Pro'ect").The TCDA has determined that the Project will achieve all of the public goals desired for the Property,act as a catalyst for development in the Tigard Triangle Urban Renewal Area (the"URA") fully capitalize the public investments in the Project,and continue to capitalize other public investments in the URA. D. The Parties contemplate that the Project will transform the Property into a vibrant,sustainable mixed-use, residential area.The Project is consistent with Goal 5 of the UR Plan and will "promote high quality development of retail,office and residential uses that support and are supported by public streetscape,transportation, recreation and open space investments." AGREEMENT NOW,THEREFORE, in consideration of the public benefits to be created by the development of the Project and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: 1. Systems Development Charges; Project Plans. 1.1. Developer's obligation to pay the first$1,000,000 of system development charges (collectively, "SDCs" triggered by the development of the Project shall be waived,and TCDA shall reimburse the City of Tigard in the amount of$1,000,000. 1.2. Development of the Property in accordance with this Agreement is a material inducement to waiver of the SDC's provided for in Section 1.1.and such waiver is contingent on satisfaction of (00888564;7) 1 SDC Reimbursement Agreement—SW 72nd and Dartmouth the following conditions being satisfied or waived by both TCDA and Developer, prior to the waiver of SDC fees as set forth in Section 1.1: 1.2.1. Developer shall have prepared and submitted to TCDA conceptual plans for the Project (the "Project Plans")with sufficient detail to demonstrate the Project's compliance with the UR Plan and the description of the Project set forth in Recital C. TCDA staff will review and provide tentative approval or disapproval within ten (10)days after receiving the Project Plans. Upon completing any revisions agreed to by Developer and TCDA staff, TCDA staff will provide the Project Plans with staff recommendations to the TCDA Board for its review and approval. The TCDA Board shall then review and either approve the Project Plans or provide detailed comments describing how the Project Plans fail to conform to the UR Plan or the description of the Project within forty-five(45)days after receiving the Project Plans from TCDA staff. The TCDA Board shall have no other basis to disapprove the Project Plans. Failure of the TCDA Board to timely approve the Project Plans or provide detailed comments on the Project Plans shall constitute acceptance. If the Parties are unable to resolve any dispute regarding whether or not the Project Plans conform to the UR Plan or description of the Project(including the TCDA's failure to approve the Project Plans), such dispute shall be submitted to dispute resolution in accordance with Section 8 ("Dispute Resolution"). The Project plans approved by the TCDA or through Dispute Resolution are the"Approved Project Plans". 1.2.2. Developer shall have obtained all land use approvals required by the City of Tigard for the Project and permits required for the construction of the Project in accordance with the Approved Project Plans shall be ready to be pulled subject only to the payment of permit fees. No appeal of any required approval or permit shall have been filed,and the time for any such appeal shall have expired. If an appeal is filed,this condition shall be satisfied on final resolution of the appeal,except that final resolution shall not be required if the issue(s) involved in the appeal is such that customary bonding or indemnification represents a reasonable basis for proceeding with the Project. 1.3. The construction of the Project will conform in all material respects to the Approved Project Plans (subject to such modifications as are approved by TCDA staff)and all applicable City development approvals. If TCDA believes that Project does not conform in all material respect to the Approved Project Plans,then TCDA shall provide written notice of such nonconformance to Developer. If Developer disputes TCDA's assertion that the Project does not conform to the Approved Project Plans,the Parties shall resolve the dispute by Dispute Resolution. The Parties recognize that any such dispute must be resolved expeditiously. 1.4. Staff approval or recommendation to the TCDA Board for approval of the Project plans or modifications to such Project plans shall not be unreasonably withheld,conditioned or delayed. 2. DEVELOPMENT 2.1. Except for the SDC fee waivers set forth in Section 1.1, Developer,will design,construct and complete the Project in accordance with the Approved Project Plans as provided in Section 1, without additional public funding participation, except for tax abatement programs generally available to similar projects within the City,the URA and the Vertical Housing Development {00888564;7} 2 SDC Reimbursement Agreement—SW 72"d and Dartmouth Zone. Subject to events and circumstances outside of Developer's reasonable control, Developer will use commercially reasonable efforts to begin and to complete development of the Project as set forth in the Project Schedule attached as Exhibit B,subject to the terms of this Agreement. 2.2. TCDA is not the developer of the Project. This Agreement is not intended to be a contract providing for construction by TCDA either directly or through a contractor. Developer is solely responsible for selecting a construction contractor. The rights and responsibilities of Developer,the general construction contractor and any subcontractors,shall be provided for in a construction contract to which TCDA is not a party. 3. .REPRESENTATIONS 3.1.TCDA Representations. TCDA hereby represents to Developerthe following: 3.1.1. TCDA has the legal power, right, and authority to enter into this Agreement and the instruments referred to herein and to consummate the transactions contemplated herein. All requisite action has been taken by TCDA in connection with entering into this Agreement, the instruments referred to herein, and the consummation of the transactions contemplated herein. No further consent of any creditor, investor,judicial or administrative body,governmental authority or other party is required. 3.1.2. This Agreement and all documents required to be executed by TCDA are and shall be valid, legally binding obligations of and enforceable against TCDA in accordance with their terms. 3.1.3. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness, or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which TCDA is a party. 3.1.4. The persons executing this Agreement and the instruments referred to herein on behalf of TCDA have the legal power, right and actual authority to bind TCDA to the terms and conditions of this Agreement. 3.2.Developer Representations. Developer hereby represents to TCDA the following: 3.2.1. Developer is a limited liability company duly formed and existing in the State of Oregon. 3.2.2. Developer has full power and authority to enter into and perform this Agreement in accordance with its terms and does not require the consent of any third party that has not been secured. All requisite action (corporate, trust, partnership, membership or otherwise) has been taken by Developer in connection with entering into this Agreement, the instruments referred to herein, and the consummation of the transactions contemplated herein. No further consent of any partner, shareholder, {00888664;7} 3 SDC Reimbursement Agreement—SW 72nd and Dartmouth creditor, investor, judicial or administrative body, governmental authority or other party is required. 3.2.3. This Agreement and all documents required to be executed by Developer are and shall be valid, legally binding obligations of and enforceable against Developer in accordance with their terms. 3.2.4. Neither the execution and delivery of this Agreement and documents referred to herein, nor the incurring of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness, or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which Developer is a party. 3.2.5. The persons executing this Agreement and the instruments referred to herein on behalf of Developer have the legal power, right and actual authority to bind Developer to the terms and conditions of this Agreement. 4. BOLI. As soon after the Effective Date as reasonably possible, Developer shall submit this Agreement and other required or relevant documents to the Oregon Bureau of Labor and Industries "BOLI" for review and to seek a determination letter from BOLI (the "BOLI Determination Letter") stating that ORS 279C.810 to 279C.870 and the administrative rules adopted thereunder (the "Oregon Prevailing Wage Laws") do not apply to any portion of the development and construction of the Project. S. ASSIGNMENT AND TRANSFER PROVISIONS 5.1.Restrictions on Transfer of the Property and Assignment of the Agreement. Except as provided in this Section 5.1, Developer shall not partially or wholly transfer Developer's interest in this Agreement without the prior written approval of the TCDA, which may be withheld in TCDA's reasonable discretion. 5.2.Approved Transfers. Notwithstanding Section 5.1 above, and provided that Developer provides TCDA with copies of all agreements related to the transfer,TCDA hereby consents to: 5.2.1. An assignment of Developer's rights under this Agreement to any entity in which Developer or an affiliate thereof owns a direct or indirect interest. 5.2.2. The collateral assignment of rights under this Agreement to any Mortgagee. For purposes of this Section 5.2.2, "Mortgagee" means the holder of any mortgage, deed of trust, or instrument securing debt or equity obtained to finance the construction of the Project, together with any successor or assignee of such holder. TCDA will cooperate with Developer and enter into commercially reasonable amendments to this Agreement if and as required by any lender, equity provider or financier providing equity or debt to the Project. {00888564;7} 4 SDC Reimbursement Agreement—SW 72n1 and Dartmouth 6. DISPUTE RESOLUTION If a dispute arises under this Agreement,the Party claiming the existence of a dispute shall provide written notification of the dispute to the other Party. A meeting will be held promptly between the Parties,and subject to Section 9.11 below,attended by representatives of the Parties with decision- making authority regarding the dispute to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one(21)days,the Parties will thereafter seek to resolve the dispute by binding arbitration. The arbitration shall be conducted in accordance with Oregon's Uniform Arbitration Act(ORS 36.600 et seq.or ay successor statues thereto); provided, however,the arbitrator shall be an attorney licensed to practice law in Oregon who has at least ten (10)years of experience in commercial construction or commercial real estate, including public/private development agreements. Developer shall not apply for building permits for the Project pending the outcome of a dispute that the Parties have submitted to Dispute Resolution. 7. CONTINUING COVENANTS SURVIVING TERMINATION OF AGREEMENT OR COMPLETION OF CONSTRUCTION. The following Sections of this Agreement shall survive and remain in effect for the periods identified herein:Section 2 (DEVELOPMENT);Section 3(REPRESENTATIONS);Section 6 (DISPUTE RESOLUTION);and Section 9 (MISCELLANEOUS). 8. TERMINATION. This Agreement shall automatically terminate and be of no further force or effect upon substantial completion of the Project. As used in this Section 8,"substantial completion" means that date that Developer has obtained a temporary certificate of occupancy for the Project. 9. MISCELLANEOUS PROVISIONS 9.1.Notice. Any notice or communication under this Agreement by either Party to the other shall be deemed given and delivered on the earlier of actual delivery or refusal to accept delivery thereof if sent by one of the following means with all applicable delivery and postage charges prepaid: (a) registered or certified U.S. mail, postage prepaid, return receipt requested; (b) personal delivery; (c) nationally recognized overnight courier service (e.g. Federal Express); or (d) if simultaneously delivered by another means allowed hereunder, e-mail, with receipt of confirmation that such transmission has been received. In the case of a notice or communication to Developer,addressed as follows: Scan lanKemperBard Companies, LLC. Attn: John Olivier 222 SW Columbia Street,Suite 700 Portland,OR 97201 Email: jolivier@skbcos.com With a copy to: Real Estate Investment Group Attn: Nicholas Diamond 2839 SW 2nd Avenue Portland,OR 97201 Email: ndiamond@reig.com {00888564;7} 5 SDC Reimbursement Agreement—SW 72nd and Dartmouth In the case of a notice or communication to TCDA,addressed as follows: Town Center Development Agency Attn: Sean Farrely 13125 SW Hall Blvd Tigard, OR 97223 Email:sean@tigard-or.gov or addressed in such other way in respect to either Party as that Party may, from time to time, designate in writing dispatched as provided in this section. Notices may be given by counsel to a Party. 9.1.1. If either Party's contact person or address for notices changes, that Party shall provide the other Party with the updated contact information. 9.2.Headings. Titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 9.3.Counterparts.This Agreement may be executed in counterparts, each of which shall be deemed to be an original,and such counterparts shall constitute one and the same instrument. 9.4.Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement shall be of any force or effect unless in writing, shall be construed to be a continuing waiver, and shall be considered a waiver of any other rights of the Party making the waiver. 9.S.Attorneys' Fees. If a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under U.S. Bankruptcy Code, is instituted to interpret or enforce any provision of this Agreement,or with respect to any dispute relating to this Agreement, including, without limitation, any action in which a declaration of rights is sought or an action for rescission, the prevailing or non-defaulting party shall be entitled to recover from the losing or defaulting party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs and expenses actually incurred and reasonably necessary in connection therewith, as determined by the judge at trial or on any appeal in addition to all other amounts provided by law. This provision shall cover costs and attorney fees related to or with respect to proceedings in U.S. Bankruptcy Court, including those related to issues unique to bankruptcy law. 9.6.Governing Law. This Agreement shall be governed by Oregon law, without regard to principles of conflicts of law. 9.7.Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the state of Oregon, except that if the last day of any period falls on any Saturday, Sunday or legal holiday,the period shall be extended to include the next day which is not a Saturday,Sunday or legal holiday. 9.8.Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the {00888564;7} 6 SDC Reimbursement Agreement—SW 72"d and Dartmouth feminine and the neuter, as the context may require. As used in this Agreement, "including" means including without limitation and"shall' means mandatory and imperative. 9.9.Severability. If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason,the remaining portions will remain in full force and effect to the fullest extent permitted by law. 9.10. Entire Agreement. This Agreement and its exhibits are the entire agreement between the Parties with respect to the subject matter hereof. There is no other oral or written agreement between the Parties with regard to this subject matter. There are no oral or written representations or warranties made by either Party, implied or express, other than those contained in this Agreement. 9.11. Amendments and Modifications. Any modifications to this Agreement must be made in writing and executed by all Parties, with the approval of the TCDA Board, if required. Notwithstanding this general requirement, the TCDA Redevelopment Project Manager may approve modifications to this Agreement without TCDA Board approval so long as TCDxs economic obligations are not materially increased. Except as provided for elsewhere in this Agreement, whenever consent or approval by TCDA is required under the terms of this Agreement, all such consents or approvals shall be given in writing from the TCDA Redevelopment Project Manager or his or her designee. 9.12. Successors and Assigns. Subject to the provisions of Section 5,the benefits conferred by this Agreement, and the obligations assumed thereunder, shall inure to the benefit of and bind the successors and permitted assigns of the Parties. 9.13. No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby shall be deemed or construed by the Parties, or by any third person,to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between any of the Parties other than that of independent contracting parties. 9.14. Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement, by making this Agreement,TCDA is specifically not obligating itself,the City,or any other agency with respect to any discretionary action relating to development or construction of the Project, including, but not limited to, permits or any other governmental approvals which are or may be required,except as expressly set forth herein. 9.15. Time of Essence. Time is of the essence of this Agreement. 9.16. No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary of this Agreement,and no person other than a Party shall have any right to enforce any term of this Agreement. (Remainder of page intentionally left blank; Signatures appear on the following page) {00888564;7} 7 SDC Reimbursement Agreement—SW 72nd and Dartmouth Executed in multiple counterparts as of the Effective Date. TCDA: TOWN CENTER DEVELOPMENT AGENCY,as the duly designated Urban Renewal Agency of the City of Tigard By: Printed Name: hAAv4l cL ►.. lA)�_ Its: - - APPROVED AS TO FORM: Printed'flame: �1�2X.h�.i s1,kt"A Its: DEVELOPER: DARTMOUTH DEVELOPMENT PARTNERS,an Oregon limited liability company RR Printed�5 : l�/lq 004-k Its: t/ 11 {00888564;7} 8 SDC Reimbursement Agreement—SW 72"d and Dartmouth a C + �D ■ it . � a SDC Reimbursement Agreement—SW 72"'and Dartmouth EXHIBIT B Project Schedule Commencement of Construction: September 30,2020 Substantial Completion (Receipt of TCO): March 30,2023 {00888564;7} 10 SDC Reimbursement Agreement—SW 72nd and Dartmouth EXHIBIT B Land Description EXHIBIT B—Land Description—Cover Page 49265-808/Tigard Apartments(SKB)—OR CHICAGO TITLE INSURANCE COMPANY POLICY NO. PROFORMA(472520005094) EXHIBIT "B" LEGAL DESCRIPTION PARCELL A tract of land being a portion of Lots 31 and 32, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at a point on the South line of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, at the Southwest corner of Lot 32, FRUITLAND ACRES, a subdivision of record in the County of Washington and State of Oregon, and running thence North 89°38' East 200.00 feet along the South line of said Lot 32 to an iron rod; thence North 115.13 feet, parallel with the West line of Lots 32 and 31, said FRUITLAND ACRES, to an iron pipe at the Southeast corner of that certain tract of land conveyed by Deed to Carl Orey, et ux, and recorded in Book 274, Page 353, Washington County Deed Records; thence South 89°38'West 200.00 feet along the South line of said Orey tract to an iron rod at the Southwest corner thereof, a point on the West line of Lot 31, said FRUITLAND ACRES; thence South along the West line of said Lot 31 and Lot 32, a distance of 115.13 feet to the place of beginning. EXCEPTING THEREFROM that portion dedicated for street purposes by Dedication Deed recorded December 12, 2013 as Recorder's Fee No. 2013-104428. PARCELIL A tract of land being a portion of Lots 30 and 31, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the intersection of the North line of Lot 30, FRUITLAND ACRES, in the County of Washington and State of Oregon, with the East line of the County Road (S.W. 72nd Avenue) along the East side of FRUITLAND ACRES, according to the duly recorded plat; thence South on and along the East line of said County Road, 100 feet to a point on the West line of Lot 31, FRUITLAND ACRES; thence East parallel with the North line of said Lot 30, a distance of 200 feet; thence North parallel with the East line of said County Road to the North of said Lot 30 to a point 200 feet East of the point of beginning; thence West a distance of 200 feet to the point of beginning. EXCEPTING THEREFROM that portion dedicated for street purposes by Dedication Deed recorded December 12, 2013 as Recorder's Fee No. 2013-104429. PARCEL III: Lots 1 &2, ISAACS SUBDIVISION, in the City of Tigard, County of Washington and State of Oregon. EXCEPTING THEREFROM those portions dedicated for street purposes by Dedication Deeds recorded December 12, 2013 as Recorder's Fee Nos. 2013-104427 and 2013-104430. PARCEL IV: Lot 3, ISAACS SUBDIVISION, in the City of Tigard, County of Washington and State of Oregon. ----_------------------_-__-----------------------------------------_----_---__-_-_-----_-_-----_---------------------__--- This is a PROFORMA Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written undertaking on appropriate forms of the Company. American Land Title Association. All rights reserved. AMERICAN Copyright g LAND TITLE The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Loan Policy(06/17/2006) OTIRO No.PL-05(Rev 2-15-18) Printed: 07.20.20@11:28 AM OR----SPS-72307-1--472520005094 CHICAGO TITLE INSURANCE COMPANY POLICY NO. PROFORMA(472520005094) EXHIBIT "B" LEGAL DESCRIPTION (continued) PARCELS I, II, III and IV shown above are also singularly described on survey prepared by S&F Land Services for lot consolidation, as follows; Real Property situated in the southwest one-quarter of the southeast one-quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, described in Recorder's Fee No. 2006-069460, Recorder's Fee No. 2006-069491, Recorder's Fee No. 2006-107304 and Recorder's Fee No. 2014-019449, Washington County Deed Records more particularly described as follows: Beginning at the Northeast corner of Lot 3 per the Plat of Isaacs Subdivision, Book 18, page 27, Washington County Plat Records, also being a point on the southerly right-of-way of SW Clinton Street; Thence South 01 026'29"West along the East line of said Lot 3 a distance of 190.73 feet to the Southeast corner thereof. Thence North 88°42'21" West along the South line of said Lot 3 a distance of 37.09 feet to the Northeast Corner of said property described in Recorder's Fee No. 2006-069460; Thence South 01'42'46" West along the East line of said Recorder's Fee No. 2006-069460 and Recorder's Fee No. 2006-069461 a distance of 203.54 feet, to the Northerly right-of-way of SW Dartmouth Street as dedicated in Recorder's Fee No. 2013-104428; Thence North 88°33'22" West along said northerly right-of-way line a distance of 151.03 feet, to a point of curvature of a 26.00 foot radius curve to the right; thence along said curve to the right, through a central angle of 90°16'49", an arc distance of 40.97 feet (having a chord bearing of North 43°24'57" West a distance of 36.86 feet), to a point on the easterly right-of-way line of SW 72nd Avenue, as dedicated in said Recorder's Fee No. 2013-104428 Thence North 01'43'27" East along said easterly right-of-way line, being dedicated in Recorder's Fee No. Recorder's Fee No. 2013-104428, Recorder's Fee No. 2013-104429, Recorder's Fee No. 2013-104427 and Recorder's Fee No. 2013-104430 a distance of 367.47 feet, to a point on said southerly right-of-way line of SW Clinton Street, also being a point on the North line of Lot 1, said Plat of Isaacs Subdivision; Thence South 88°45'41" East along said southerly right-of-way line a distance of 213.27 feet to the Point of Beginning. Containing 1.76 acres, more or less. Bearings are based on record of SN 33605, Washington County Survey Records This is a PROFORMA Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title or (ii) issue any of the attached endorsements. Any such commitment must be an express written undertaking on appropriate forms of the Company. American Land Title Association. All rights reserved. AMERICAN Copyright g LAND TITLE The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Loan Policy(06/17/2006) OTIRO No.PL-05(Rev 2-15-18) Printed: 07.20.20 @ 11:29 AM OR----SPS-72307-1--472520005094 AIS-4336 7. Business Meeting Meeting Date: 07/28/2020 Length (in minutes): 60 Minutes Agenda Title: Council Discussion of City Priorities Prepared For: Marty Wine, City Management Submitted By: Caroline Patton, Central Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE A discussion about citywide priorities, including Tigard's future city actions based on recent events, refreshed strategic plan, progress on council goals, and work plans. STAFF RECOMMENDATION / ACTION REQUEST Discuss and provide guidance about overall City priorites. KEY FACTS AND INFORMATION SUMMARY In January 2019, the City Council set two-year Council goals for its attention and action, as happens in each odd-numbered year. htg2s://www.ti ar�gov/document_center/Council/Council Goals.pdf The City has an updated strategic vision and priorities. https://www.dgard-or.gov/strategic plan.php During the first half of 2020, Tigard has responded to the global pandemic and associated economic shock, and also the uprisings sparked by the death of an unarmed Black man by a police officer. These events have shifted the city's priorities; the Council will consider how these events will shape the city's operations, budget and actions for the future. Council will hear a presentation and discuss with the City's Leadership Team the progress to implement City Council goals; an inventory of the citywide projects and priorities for the next 18 months; consider the City's refreshed strategic vision and priorities; implementation of the performance audit; and the issues facing Tigard now that may warrant reconsidering citywide priorities. Council will receive an inventory outlining citywide projects and priorities on Friday,July 24 to support the discussion. OTHER ALTERNATIVES The Council could wait until the end of 2020 to have this discussion. The Council could consider additional priorities. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Current council goals were set in January 2019. This is the first reconsideration of goals. Attachments No file) attached. Progress Report on City Council Goals • Pursue a local option levy and/or bond in May 2020. ��►,� • Complete an Affordable Housing Plan and adopt recommended strategies to promote the development and retention of affordable housing in Tigard. • Develop an implementation strategy related to the ADA Transition Plan to identify the priorities for curb ramps and • . public sidewalks that must be repaired or replaced to meet current ADA guidelines. �- • Continue to make Downtown Tigard a place people want to be by • making substantial progress on projects that attract new residential and business investment, including design and engineering of the Universal Plaza and construction of the Tigard Street Heritage Trail/Rotary Plaza. • Four Priority Areas OImproving systems, including: © Continuing to respond to the • Communicating • • impact of COVID-19 well/constituent �' 0 •. • • o ', REOPENING OREGON relations • • • ' IN TIGARD • City Services Buildings • (facility planning) • Replace asset management and financial systems © Implementing the Strategic Plan, O Implementing the Anti-Racism including: Plan and assisting with the • Equitable, Accessible Transformation Commission t• Healthy/Climate Action Walkable '� TRANSFORMATION • �=_�-=� C O M M I S S I O N City of Tigard ; T = Memorandum July 25, 2020 MEMO TO: Mayor Snider and Tigard City Council FROM: City Leadership Team SUBJECT: Discussion of 2020-21 City Priorities The Council is asked to discuss future city priorities and major projects at the July 28, 2020 Council meeting. Tigard has many major efforts and projects underway in the next 18 months, including: calls for action on racial equity; implementing a new proposed strategic plan, vision and priorities; and adapting services as we continue to address COVID-19 and our ongoing response. This memo is a list of all the efforts, projects and priorities underway through 2021 at a department and citywide level. We are asking the Council to consider these efforts and discuss with the Leadership Team: the progress to implement City Council goals to date; and to consider setting priorities through the lens of the City's refreshed strategic vision and priorities. 2019-21 City Council Goals The Council was briefed about progress on Council Goals in March 2020. Except for the objectives related to citywide communications plan (Objective 1.1); outreach for Bull Mountain annexation (Objective 4.2); Downtown Ash Street Crossing and branding the Downtown and Triangle (in Objective 2.2); most of the goals have substantial progress, are well underway, or complete. City Council would usually engage in goal-setting for 2021-23 in December 2020 or January 2021. Refreshed Strategic Plan Since 2019, a refresh of the citywide strategic plan has been underway and public input and staff feedback about the plan are happening now (July 2020). Proposed Vision - Tigard: an equitable community that is walkable, healthy, and accessible for everyone. Proposed Strategic Priorities: 1. Create an attractive and well-connected pedestrian network. 2. Ensure development and growth supports the vision. 3. Set the standard for excellence in public service and customer experience. City Priorities Inventory July 25, 2020—Page 1 Priorities and Work Underway Below is an inventory of priorities and projects that will be underway through 2021, organized (in no particular order) by themes of the refreshed strategic plan vision. • Some of these items are departmental priorities that represent work to be done in addition to citywide priorities. These efforts are identified for Council awareness as work that will be undertaken in the next 18 months. • There is some overlap with current City Council goals as Community Development and Public Works will continue to implement multiple projects through 2021. (Lead department is listed in parentheses.) EQUITABLE, ACCESSIBLE (Includes efforts related to racial equity, improved communication and engagement, innovation efforts, customer service improvements, data-informed culture, affordable housing) • Implement Citywide Anti-Racism Action Plan (All Departments). In CD, goal is to begin reorienting our Community Development programs toward equity outcomes by asking staff, in our day to day interactions, to identify WHO is going to benefit most from the action, HOW the action moves us toward racial justice, and IF the action is going to have a disparate geographic impact in the city (recognizing the legacy of institutional racism is geographic). Continue studying anti-racism and work to transition the department through the adoption of new, anti-racist practices and policy recommendations to support anti-racist community development. • Public Safety Transformation Commission (PD, CA). Develop a virtual community academy-type educational presentation to the selected commission members. Judge's participation on the Transformation Commission (CS) • Unite Oregon - Community Bridge Building. Citywide contract to help Unite Oregon connect with residents and businesses that the City has historically very little interaction with, and to connect people to resources and information. Goal is to build trust and start fostering relationships with Tigard's immigrant, refugee, low-income and nonwhite community members. (CD, All Departments) • Community Development Block Grant and Construction Excise Tax Program Development (CD) • Joint entitlement status for CDBG and enacted one percent CET enables program development for affordable housing and possibly equitable economic development support or Covid response. Successfully budget these new revenue streams to support equity goals. (CD, FIS) • Total Tyler Implementation (FIS, PW &All Departments): Replace Asset Management System, Replace Financial System. GIS requirements of departments incorporated into Tyler specifications. Assist with determining workflow, testing, and implementation of the Budget Module (FIS) City Priorities Inventory July 25, 2020—Page 2 • Implement Spanish bilingual communication in Utility Billing (FIS) • Track women/minority-owned businesses as part of anti-racism plan (FIS) • Review department processes through Equity Lens once one is available (FIS) • Monitor the Special Joint Committee on Use of Force and Police Transparency and the recommendations that come from the committee (PD) • Police Transparency page on the website to add data and other links as it relates to police transparency and accountability (PD) • Work with TTSD regarding the School Resource Officer Program (CM, PD) • Participate in Building Bridges Steering Committee with the focus on racial justice and police and BIPOC relationships; preparing for an October virtual conference. (PD) • Continue to be responsive to the questions, concerns and listening to our community regarding racial inequities and police reform in our community. (PD) • Focus on creating equitable outreach and engagement processes. Outreach — how to engage our diverse population (CM, CS) • Create city-wide Strategic Communications plan (CM) • Partner with IT on police data informed initiatives outlined in the Levy (PD) • Rethink Library Spaces for Accessibility, Equity, and Sustainability (TPL) • Develop Library Strategic Plan 2020-2023 (TPL) • Redesign First-Floor Welcome Area (TPL) • Launch Library of Things Collection (TPL) • Review of how services are provided using an equity lens (CS &All) o Court's requirements for posting base fines, use of collections, required reduction in fines, flexibility in appearance times o Court strategic plan o City recorder—support for people want to apply for council or boards and commissions, locations for meetings like Fireside Chats o Communications— reflective of the community, provided in multiple languages, how to reach those affected by the digital divide • Reorganize Communications functions, possibly restructure of function (CM) • Inventory and analyze communication tools so we understand reach and can target audience for most effective and impactful (CM) • Lead on addressing digital divide within city- city-wide survey,Tyler (CM) • Broad access and create more opportunities for community to interact and participate with City of Tigard (example- diversifying volunteerism and recruitment for Boards and Commissions) • Development of new city website (CS) • Continued implementation of city's archive system (Smarsh) (CS) • Continued implementation of the photo red light enforcement program (CS) • ADA tracking tool and dashboard (CS) • Performance Audit Implementation (FIS, CM, All Departments) City Priorities Inventory July 25, 2020—Page 3 • Continue to identify and implement process improvements throughout City of Tigard (applying LEAN). Example: standardizing how we collect and track constituent communications, standard process for outreach (principles: what we did, what we heard, what we changed as a result) (CM) • Continue working on work plans, metrics and measurables, declaring the results we want to achieve (CM) • Council Goal 3. Strategy 3.2. Complete an Affordable Housing Plan and adopt recommended strategies to promote the development and retention of affordable housing in Tigard. Increase advocacy at the regional level for housing that is affordable, funding strategies, and consider an excise tax. Affordable Housing Plan has been completed. Construction Excise Tax enacted. Suggested Adjustment: Implement housing strategies recommended in the adopted Affordable Housing Plan. Looking to adjust the implementation of the Affordable Housing Plan to deal with the pandemic. (CD) • Building Code & Community Development Code Administration (Land Use & Building case processing &technical support, code compliance, legislative improvement packages, systems management. Continuation of excellent service delivery in all aspects of CD Code and Building code administration (i.e. permitting). (CD) • Building Services Operations Improvements. Electronic Document Review underway. Total Tyler acceleration under consideration. Goal is to shore up and redistribute job duties in counter operations. (CD) • 2020 Census. Coordinate the local count, and to publicize its importance. Goal is to count everyone in Tigard, spending extra effort on hard to reach communities. (CD) • Reconcile the city's SDC revenue & expenses to split both into Improvement & Reimbursement categories (FIS) • Finalize SDC Admin Procedures Guide with SDC Workgroup (FIS) • Develop procedures for request SDC funds & maintain SDC project lists (FIS) • Evaluate & update existing forms & internal procedures for SDC's and UB (FIS) • Document processes within Finance Ops, including debt payment schedules and time- sensitive processes. (FIS) • Complete Grant procedures update continue grant tracking and reporting. (FIS) • Work with city staff to develop a fund management tool and adequate cash balances for covering expenses, and fund balance policy update. (FIS) • Draft update of City financial policies, workplan, procedures, documentation of current practice, implementation, and Council adoption where applicable. (FIS) • Contracts & Purchasing Process Improvements: File Organization Structure, P-card Manual, Procedures, Draft Training, Kanban Board 2.0, Solicitation Templates (FIS) • Develop Contract/Purchasing Tools, Resources and Training (FIS) • Lead citywide indirect cost allocation plan project (FIS) • Improve coordination: FIS HR process, centralization of communication, records (FIS) • Run and manage the budget process for FY 2022 (FIS) • Complete and file the FY 2020 CAFR and PAFR (FIS) City Priorities Inventory July 25, 2020—Page 4 • Update TMC and PCRs for increase in signature authority (FIS) • Contracts & Purchasing: Enterprise Resource Replacement (ERP)/Small to Medium Enterprise (SME), Change Management (FIS) • GIS projects: ArcGIS Portal Implementation, Linear referencing project areas 3 and 4, ADA Transition Plan in GIS Part 2, Python scripting to enable additional automation in GIS; Building Interiors in GIS - established workflow to maintain data, Vector tile pilot project, ArcGIS Pro Project/template organization, GIG EOC Project - seek approval and funding for Pre-phase 3 implementation project (FIS) • Public Works Annual Report (PW) • APWA Accreditation (PW) • Key hiring and staff recruitment (PW) WALKABLE (Includes efforts focused on downtown, transportation, growth) Council Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality • Amend Strategy 2.1 to Prepare the Tigard Triangle TIF District for investment. Status: A New Tigard Triangle: Planning for Equitable Development Phase 2 nearing Completion. Final report will be brought to TCDA Board in fall 2020. (CD) • Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment (CD) • Design and engineering of the Universal Plaza. Activation and branding developed, public engagement on design is pending • Construction of the Tigard Street Heritage Trail/Rotary Plaza: Project Completed • Redevelopment of the Main St. at Fanno Creek property. Developer has completed all DDA items, except for financial plan. 3rd amendment expires in November 2020. • Main Street Green Street Phase 2. Conceptual design and traffic analysis completed. In person outreach to downtown stakeholders on hold due to COVID. (CD supporting PW/Eng on this project) • Fanno Creek Overlook. Status: Acquired easement and properties. Renaming approved by Council. Begin design and engineering of the Nick Wilson Fanno Creek Overlook. • Cultivate more relationships with future developers that share our multigenerational transit-oriented development vision. Status: Working with Northwest Housing Alternatives on the affordable Housing Alongside the Senior Center project. Updated Downtown Vision will be used to communicate with developers. • Work with developers on implementing equitable transit-oriented development, including on city-owned properties. City Priorities Inventory July 25, 2020—Page 5 • Create an inventory of sites with high potential for transit-oriented housing redevelopment. City Center Futures Project identified three areas for development opportunity studies which will be completed by fall 2020 • Develop TOD station area priorities, goals, code and policy. • Support and participate in a branding effort for the Downtown and Tigard Triangle. Status: Not pursued. • Add: Develop business assistance programs that support traditionally underserved entrepreneurs throughout Tigard. • Evaluate the size and scope of the City Center Urban Renewal Plan to determine whether tax increment resources in the downtown are sufficient to meet council objectives. Prepare recommendations regarding the City Center urban renewal area's possible continuation. City Center Futures Project made recommendation to continue City Center TIF District with current boundaries. To be presented to TCDA Board in August. • Adopt Substantial Amendment to City Center TIF District to extend duration and increase maximum indebtedness and submit for voter approval in 2021. • Pursue the Ash Street Crossing to improve multi-modal circulation in the downtown. Status: No progress. Secure funding to study and improve multi- modal circulation and connectivity downtown. • Update the 2007 Leland report to accelerate downtown redevelopment, focusing on leverage possibilities from SW Corridor and other active transportation investments. Status: City Center Futures Project working on new Redevelopment Action Plan, to be brought to TCAC and TCDA Board in fall 2020. Implement City Center Futures Redevelopment Action Plan • Strategy 2.3. Ensure the Southwest Corridor project maximizes benefits to the Tigard community and minimizes negative impacts by implementing the memorandum of understanding with Tri-Met. Ensure urban design and pedestrian connections to Tigard light rail stations is prioritized in station area access plans. Status: Leading SWC COT Team, staffing committees, reporting to council, rewriting codes and standards, reviewing and commenting on engineering plans, NEPA documentation, pressing for LRT improvements to support TOD, interfacing between TriMet and Tigard community. • Strategy 2.4 Complete an initial assessment of Washington Square Regional Center Plan District and related development code. Identify barriers to redevelopment and develop a project of planning and code updates to attract investment in commercial, office, and high-density residential development with a range of price points. Status: Beginning the stakeholder engagement process having mapped and reviewed existing conditions; will be conducting economic analyses and interjurisdictional conversations about the area's future, before going to work on new plan district codes and standards. Council Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner. • Strategy 3.1. Secure external resources to accomplish all planning and outreach activities necessary to expand the City's urban growth boundary to include the South City Priorities Inventory July 25, 2020—Page 6 River Terrace Area. Complete Title 11 compliance apply to Metro for UGB expansion, and annex South River Terrace. Prepare a concept plan for West River Terrace. Status: Project has started and scheduled to be complete in July 2021. (CD, PW) • All direct, indirect and overhead costs necessary to make South River Terrace "development-ready" funded by private sector partners and/or through grants prepared at the expense of the private sector partner. Status: MLG contract executed. Invoicing has begun. No other plans or projects have been slowed or disrupted. Inclusion of equitable development principles in River Terrace planning are being developed. • Strategy 3.3 Study the viability for any future expansions of the city's urban growth boundary to include employment land so that new growth and ongoing service costs to Tigard residents and businesses are balanced. This is being done as part of the Concept Planning for River Terrace South & West. Ongoing, completed within 6 months. Council Goal 4: Enhance two-way communication to understand community priorities and involve the community in the decision-making process. • Strategy 4.2 Initiate listening sessions with residents of unincorporated areas, within the urban growth boundary, about the opportunity for annexation. Status: No progress to report. Staff is prepared to support councilors who are planning on attending CPO meetings. Suggest dropping or suspending this council goal until Phase 4 of the Covid 19 Pandemic. Council Goal 5: Enhance walkability and pedestrian connectivity. • Strategy 5.3. Continue to advance and develop Safe Routes to School (SRTS) plans for Tigard schools and implement an improvement for at least one school per year including funding priorities. Status: working on funding improvements at Templeton and Metzger and continuing discussions with TTSD about opportunities and challenges related to school reopening. • Strategy 5.4. Integrate the Complete Streets Policy to update the Transportation System Plan. Consider implementation of a Neighborhood Traffic Management Program. Implement a Citywide Transportation Safety Action Plan and develop a scope and budget for a pedestrian crossing improvement plan. (CD, PW) Status: Transportation System Plan (TSP) contract is under negotiation with consultant team. TSP update is underway. Neighborhood Traffic Management Program and Citywide Transportation Safety Action Plan, pedestrian crossing improvement plan should begin after TSP completion. • Downtown TIF District Plan Implementation. Acquisition of Johnson property; TGM application for Hall, Burnham, Commercial corridors and code updates; TOD planning for Hall station and AVA Roasteria Development. Goal is to attract housing and commercial investment in the near term. (CD) • Streets for People Program. Pilot project up and running and feedback being collected. Goal is to expand project to people in Tigard with fewest walking options. (CD) City Priorities Inventory July 25, 2020—Page 7 • Hall Boulevard Jurisdictional Transfer. MOU underway with ODOT. Condition assessment data being shared between agencies. Goal is to execute a JT agreement in 2021 or 2022, funding dependent. (CD) • Highway 99 Corridor Planning. Awaiting outcome of the Get Moving funding measure - state. Early-look study by ODOT complete and a four-city coalition has been established, with participation from state and regional jurisdictions. Goal is to complete a corridor study by 2025 that will shape the future of the land use and transportation facilities along the roadway. (CD) • Tigard Development Advisory Committee Recommendations on SDC Deferrals and Vesting. Status: TDAC recommended and Council enacted deferring collection of local SDCs until occupancy. SDC vesting discussions continue. Goal is to determine vesting in accordance with the Total Tyler schedule for EnerGov (unless it is delayed for CD). HEALTHY (Includes efforts related to COVID-19 response, safety, and climate action) • Workplace and sanitation modifications to minimize risk to public and staff (CM-HR, CS) • Planning for how services will be provided in each phase of opening (CM-HR &All) • Reconstituted Emergency Operations Center, liaison between LT, Council and EOC (CM) • Lead communication effort so city is on point, consistent and operating as One City (CM) • 2020 Local Option Levy implementation and communication. Hire for levy positions with an intention for culture, guardian mentality, diversity and cultural competency. (PD, FIS, CM, HR, CS) • Climate Responsibility/Response/Action plan (CM, All Departments). Develop a Climate Action Plan for Tigard. (Note: some climate goals are embedded in the refreshed Strategic Plan and will be pursued outside of the Climate Action Plan) • Develop Library Strategic Plan 2020-2023 (TPL) • Redesign First-Floor Welcome Area (TPL) • Rethink Library Spaces for Accessibility, Equity, and Sustainability (TPL) • Monitor Governor's order and changes for COVID-19 enforcement of mandates. (PD) • Follow the Governor's order for issuing citations for specific traffic offenses (new law prohibiting traffic citation between March 1, 2020 and December 31, 2020 (PD) • COVID Phases: Telecommuting/ Reimagined Workplace (FIS) • Continue Tigard CARES/ UB Assistance (FIS) • Public Health. Prioritize the health of CD staff, Permit Center customers and community members throughout the Covid-19 pandemic and after, by adapting to the Covid environment and reorienting programs to improve public health as suggested by the refreshed Strategic Plan. (CD) • Covid Response - Economic Support: Tigard CARES, Shop TIGARD, Reopen Ready,Tigard Small Business Support, Tigard Outside. Preparing to roll out Phase V, using federal City Priorities Inventory July 25, 2020—Page 8 CARES funds through Washington County, and focus on equity. Continue to support local businesses through the pandemic disruption. (CD) • Evaluate use of dash- and body-worn cameras (PD) • Water System Operations & Maintenance (PW). Half of PW staff report to city facilities to provide and operate five core services. • Sewer System Operations& Maintenance (PW) • Storm System Operations & Maintenance (PW) • Street System Operations& Maintenance (PW) • Park and Trail System Operations & Maintenance (PW) • Recreation Program (PW) • Ascension Drive communication and response (PW) OTHER: ACROSS ALL VISION THEMES Capital projects underway in 2020-21, listed below represent a major body of work and span all three strategic plan themes of healthy, walkable and accessible. Tigard's CIP program is focused around the five core services on the utility bill and is the mission of Public Works. System Project All Systems Public Works Facility Siting (All in One Plus Project) Parks & Rec Dirksen Nature Park- Oak Savanna Restoration Fanno Creek Trail Connection (RFFA) Park System Master Plan Update Fanno Creek Trail Amenities Dirksen Nature Park-Wetland Boardwalk and Walkway Tigard Street Heritage Trail Tigard Street Heritage Plaza Restroom Tigard Street Heritage Plaza Outdoor Museum COT/Tigard-Tualatin School District Park Development Parks Major Maintenance Transportation; Parks & Rec Americans with Disabilities Act Transition Plan Parks & Rec Fanno Creek Trail Crossing at Scholls Ferry Road Universal Plaza Sewer Sanitary Sewer Major Maintenance Program Fanno Creek Sanitary Siphon Repair Downtown Sanitary Sewer Line Project Sanitary Sewer Master Plan Update East Fork Derry Dell Creek Stormwater Storm Major Maintenance Commercial Street Stormwater Facility Water Quality Facility Rehabilitation Program Frewing Street Storm line Replacement City Priorities Inventory July 25, 2020— Page 9 Tigard Triangle Stormwater Implementation Plan/Predesign Transportation Wall Street/Tech Center Drive Connection Main Street Green Street Retrofit (Phase 2) Pedestrian and Cyclist Connections Program Tiedeman Ave Complete Street Fanno Creek to Greenburg Rd 121st Ave (Whistlers Lane to Tippitt) Sidewalks and Bike Lanes Frewing Street Sidewalk Infill - CDBG Pavement Management Program (PMP) Transportation Safety Action Plan Transportation System Update Fanno Creek Crossing at Scholls Ferry Road Roy Rogers Road North Dakota Street (Fanno Creek) Bridge Replacement Fanno Creek Trail Alignment Study- Bonita Rd. -Tualatin River Tigard Street (Fanno Creek) Bridge Replacement Water Water System Master Plan Update Water Rate and SDC Study _ Cach Reservoir and Pump Station Red Rock Creek Waterline Relocation Canterbury Pump Station Fonner Street- 121st Ave Valve & Piping Improvements Aquifer Storage and Recovery Well #2 and Well #3 • All-in-One Plus Facility/Project Management. Communications Strategy and Functional & Conceptual Design and Plus Site Planning work. Goal is a yes vote on a scoped and budgeted project from Tigard voters in November 2021 (CD, CS, PW, CM, FIS) • Facility Remodels (CS, FIS, CM): City Hall, Modular buildings for PD, Public Works • Parking (CS): secure parking for PD and parking for court customers • Organization: Analyze new IT division resources, organizational structure/IT divisions (FIS) In addition to the projects and priorities themselves, work planned for communication and engagement on these efforts for the next 6 months includes: Issue/Project Lead Department (s) Strategic Theme Priority Level 121st Sidewalks Public Works Climate Department Affordable Housing CD Racial equity Citywide All-In-One Project/Bond CD/LTTeam Innovation Citywide City Priorities Inventory July 25, 2020— Page 10 Issue/Project Lead Department (s) Strategic Theme Priority Level Ascension Drive Public Works Department City Website—NEW CS Innovation Citywide Citywide Report Card CM/CS Innovation Department Community Academy Police Racial equity Department COVID-19 Outreach CM/PW COVID Citywide Fanno Creek Trail @ Bonita to Public Works Climate Department Tualatin Fanno Creek Trail @ Scholls Ferry Public Works Climate Department Fanno Creek Trail Amenities Public Works Climate Department Project Fanno Creek Trail RFFA (4 Public Works Climate Department segments) Frewing Street Sidewalk Infill Public Works Climate Department Heritage Trail CD/Public Works Climate Main Street Green Street Public Works Climate North Dakota Street Bridge Public Works Replacement Parks & Recreation Master Plan Public Works Department Patron Services - Library Materials Library Patron Services - Programs Library Pavement Management Program Public Works Department Police Services Levy Progress Police Citywide Refreshed Strategic Plan CM, Guidance Team Innovation Citywide South River Terrace CD SW Corridor CD Tigard Street Bridge Replacement Public Works Tigard Triangle Stormwater Plan Public Works Transformation Commission CM Racial equity Citywide Transparency webpage Police Racial equity Unite Oregon CD/All Racial equity Citywide Universal Plaza CD Public Works Annual Report Public Works Utility Fee Increases Public Works Wall Street/Tech Center Drive Public Works Water Master Plan Public Works Water Rate Study Public Works City Priorities Inventory July 25, 2020— Page 11 Project Est.Start Est.Finish How's it Project/Program Name System Manager Status (FY) (FY) Going? Notes ** PW Ops&Other Work Plan Priorities Water System 0&M Water Goodrich Ongoing n/a n/a Over 50%of PW Staff report to City facilities to perform the critical work of our five core services. It should be noted that these employees have not missed a beat during this Covid response and deserve our thanks for their extra efforts to perform the work safely and in compliance with the protocols provided. Sewer System O&M Sewer Goodrich Ongoing n/a n/a Over 50%of PW Staff report to City facilities to perform the critical work of our five core services. It Storm System O&M Stormwater Goodrich Ongoing n/a n/a Over 50%of PW Staff report to City facilities to perform the cr'ical work of our five carp sprv*cp�- It Street System O&M Transportation Murchison; Ongoing n/a n/a Over 50%of PW Staff report to City facilities to Jensen perform the critical work of our five core services. It Park and Trail System O&M Parks&Rec McKnight; Ongoing n/a n/a Over 50%of PW Staff report to City facilities to Morrow perform the critical work of our five core services. It should be noted that these employees have not missed a beat during this Covid response and deserve our thanks for their extra efforts to perform the work safely and in compliance with the protocols provided. Recreation Program Parks&Rec McKnight;Kinney Ongoing n/a n/a The program has been hampered by Covid and the loss of the Rec.Program Coordinator. The department is committed to supporting the program while a replacement is sought. Asset Management--Replace AMS Software All Barrett Contracting 2020 2023 This project is going to demand significant staff resources in order for it to be successful. We may need to hire temp help to backfill or choose to not take on new work. PW Annual Report All Rager;Grass Not Started 2021 n/a Staff intends to restart this effort in order to give a better picture of the five critical services on customer's utility bills. Council Goal Support All Varied Ongoing 2020 2021 Staff has expended significant effort toward these. Southwest Corridor work is included here. APWA Accreditation All TBD Not Started 2022 2024 This has been a goal of the department for many years and we will need the help of other departments,especially FIS. But will also need Council support. CIP&Other Engineering Work rM Public Works Facility Siting(All in One Plus Project) All Rob M/Brian R Planning 2020 2023 Dirksen Nature Park-Oak Savanna Restoration Parks&Rec Carla Staedter Construction 2020 2021 Fanno Creek Trail Connection(RFFA) Parks&Rec Carla Design 2020 2022 Staedter/tach Park System Master Plan Update Parks&Rec Carla Planning 2020 2021 Staedter/Steve Martin Fanno Creek Trail Amenities Parks&Rec Carla Staedter Design 2020 2023 Budget issue Dirksen Nature Park-Wetland Boardwalk and Walkway Parks&Rec Jeff Peck Not Started Yet 2021 2021 Tigard Street Heritage Trail Parks&Rec Jeff Peck Construction 2020 2021 Tigard Street Heritage Plaza Restroom Parks&Rec Jeff Peck Construction 2020 2021 Tigard Street Heritage Plaza Outdoor Musem Parks&Rec Jeff Peck Design 2020 2021 COT/Tigard-Tualatin School District Park Development Parks&Rec New Park,Rec& Planning TBD TBD On hold pending refreshed discussions with TTSD. GI Mgr Historically,when we do talk with TTSD,there's a lot of talk but not much is offered. COT ends up with most of the work. Parks Major Maintenance Parks&Rec Jeff Peck/Steve Program n/a n/a Martin Americans with Disabilities Act Transition Plan Transportation; Lori Faha/Nadine Planning Ongoing TBD We will need to keep focused on this work each year Parks&Rec (KENT) to address deficiencies in both the transportation and parks systems. Fanno Creek Trail Crossing at Scholls Ferry Road Parks&Rec Morris Planning 2020 2022 Universal Plaza Parks&Rec Sean/Lori Design 2020 2022 CD will manage this project w/PW support. PW continues to be concerned about eventual maintenance effort and need for additional resources --plays into council discussion about park maint funding. Sanitary Sewer Major Maintenance Program Sewer Newbury Program n/a n/a Fanno Creek Sanitary Siphon Repair Sewer Newbury Design 2020 2021 Downtown Sanitary Sewer Line Project Sewer Newbury Design 2020 2021 Sanitary Sewer Master Plan Update Sewer Newbury Not Started Yet 2022 2023 Needs to be done,but lack the bandwidth at this time and would like to coordinate with CWS efforts. East Fork Derry Dell Creek Sewer Carla Staedter Design 2020 2021 Storm Major Maintenance Stormwater Newbury Program n/a n/a Commercial Street Stormwater Facility Stormwater Newbury Design 2020 2022 Water Quality Facility Rehabilitation Program Stormwater Carla Staedter Program n/a n/a Frewing Street Stormline Replacement Stormwater Jeff Peck Design 2021 2022 Tigard Triangle Stormwater Implementation Stormwater Lori Faha Planning 2020 2021 Plan/Predesign Wall Street/Tech Center Drive Connection Transportation Newbury Design 2020 2021 Main Street Green Street Retrofit(Phase 2) Transportation Newbury/Zelmer Design 2020 2022 Pedestrian and Cyclist Connections Program Transportation Christy Zellmer Program n/a n/a Tiedeman Ave Complete Street Fanno Creek to Transportation Jeff Peck Pre-Design 2020 2023 Greenburg Rd 121st Ave(Whistlers Lane to Tippitt)Sidewalks and Bike Transportation Jeff Peck Design 2020 2023 Lanes Frewing Street Sidewalk Infill-CDBG Transportation Jeff Peck/Dave Not Started Yet 2021 2022 Pavement Management Program(PMP) Transportation Nichole George Program n/a n/a Transportation Safety Action Plan Transportation Tegan Enloe Planning 2020 2021This is part of a council goal and will include the work around a new traffic complaint resolution program. Challenging work and will require some buy-in from ITST and others. Transportation System Update Transportation Dave/Tegan Enloe Planning 2020 2021CD will lead with PW support. Likely will consume a lot of Engineering time. Fanno Creek Crossing at Scholls Ferry Road Transportation Zach Morris Planning 2020 2023 Roy Rogers Road Transportation Zach Morris Construction 2020 2026 North Dakota Street(Fanno Creek)Bridge Replacement Transportation Zach Morris Pre-Design 2020 2022 Fanno Creek Trail Alighnment Study-Bonita Rd.- Transportation Zach Morris Planning 2020 2021 Tualatin River Tigard Street(Fanno Creek)Bridge Replacement Transportation Zach Morris Not Started Yet 2021 2023 Water System Master Plan Update Water Rob Murchison Planning 2020 2021 01 Some delay due to consultant workload. Water Rate and SDC Study Water John/Rob Not Started Yet 2021 2022 Choosing to delay to allow master plan work to get toward completion. Cach Reservoir and Pump Station Water Shasta Billings- Planning 2021 2023 Beck Red Rock Creek Waterline Relocation Water Shasta Billings- Design 2020 2021 Beck Canterbury Pump Station Water Shasta Billings- Construction 2020 2021 Beck Fanner Street-121st Ave Valve&Piping Improvements Water Shasta Billings- Design 2020 2022 Beck Aquifer Storage and Recovery Well#2 and Well#3 Water Shasta Billings- Pre-Design 2020 2022 Beck Other: New or Unplanned Work Ascension Drive Transportation Faha;Engle Active 2020 2021 This one has been a challenge from a community engagement standpoint and we have learned a lot. We do have a concern about equity. Parks,Recreation and Green Infrastructure Mgr Parks&Rec Murchison Active 2021 2021 Recruitment is posted. Recruitment Recreation Program Coordinator Parks&Rec Murchison Not Started 2021 2021 Will start this one midway through the manager selection process. Concept is to allow new manager to provide input and help select this position. Covid-19 Response All Varied Active 2020 TBD This work has included: support of the ECC;ongoing monitoring of various statewide guidance and protocols;operational plan development and maintenance;implementation of measures at various locations;response to customer inquiries; participation in development of Tigard Aid program, including financial analysis; Anti-racism Work All Rager Not Started 2021 n/a As mentioned in the Anti-racism Action Plan,the department stands ready to begin work on this effort once the City has developed an equity lens tool. We will help with that effort as well. Concern: To support this new effort,the department will either need assistance from other departments or may need to seek new resources. Climate Action TBD TBD Not Started TBD TBD PW is not prepared at this time to take on a new effort under this heading. However,we are always willing to modify our practices as needed to ensure we do not make the problem worse. We will need to rely upon others more experienced in this area to advise us. **"How's it Going?"Key Going well;no concern Some concern Significant concern or worry CID PRIORITIES THROUGH 2021 From Council Goals Goal 2:Invest and connect key areas of the city to promote economic growth and community vitality Strategy 2.1 Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant,walkable,and connected district Activity Status Adjust Goal? Suggested Adjustment Prepare the Tigard Triangle TIF District for investment. A New Tigard Triangle:Planning for Equitable Development Yes Implement A New Tigard Triangle:Planning for Phase 2 nearing Completion.Final report to be brought to Equitable Development plan priorities TCDA Board in fall Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment: Activity Status Adjust Goal? Suggested Adjustment Design and engineering of the Universal Plaza Activation and branding developed,public engagement on No design is pending Construction of the Tigard Street Heritage Trail/Rotary Plaza Project Completed Redevelopment of the Main St.at Fanno Creek property Developer has completed all DDA items,except for financial No plan.3rd amendment expires in November 2020 Main Street Green Street Phase 2 Conceptual design and traffic analysis completed.In person No outreach to downtown stakeholders on hold due to COVID. (CD supporting PW/Eng on this project) Fanno Creek Overlook Easement and properties necessary for the project have Yes Begin design and engineering of the Nick Wilson been acquired.Council took action to name the public Fanno Creek Overlook space Cultivate more relationships with future developers that share our Working with Northwest Housing Alternatives on the Yes Work with developers on implementing equitable multigenerational transit-oriented development vision. affordable Housing Alongside the Senior Center project. transit oriented development,including on city- Updated Downtown Vision will be used to communicate owned properties with developers Create an inventory of sites with high potential for transit-oriented City Center Futures Project identified three areas for Yes Develop TOD station area priorities,goals,code and housing redevelopment. development opportunity studies which will be completed policy. by fall 2020 Support and participate in a branding effort for the Downtown and Not pursued Yes Develop business assistance programs that support Tigard Triangle. traditionally underserved entrepreneurs throughout Tigard. Evaluate the size and scope of the City Center Urban Renewal Plan to City Center Futures Project made recommendation to Yes Adopt Substantial Amendment to City Center TIF determine whether tax increment resources in the downtown are continue City Center TIF District with current boundaries. District to extend duration and increase maximum sufficient to meet council objectives.Prepare recommendations To be presented to TCDA Board in August indebtedness and submit for voter approval in 2021 regarding the City Center urban renewal area's possible continuation. Pursue the Ash Street Crossing to improve multi-modal circulation in No progress. Yes Secure funding to study and improve multi-modal the downtown. circulation and connectivity downtown. Update the 2007 Leland report to accelerate downtown City Center Futures Project working on new Redevelopment Yes Implement City Center Futures Redevelopment redevelopment,focusing on leverage possibilities from SW Corridor Action Plan,to be brought to TCAC and TCDA Board in fall Action Plan and other active transportation investments. 12020 Strategy 2.3 Ensure the Southwest Corridor project maximizes benefits to the Tigard community and minimizes negative impacts by implementing the memorandum of understanding with Tri-Met.Ensure urban design and pedestrian connections to Tigard light rail stations is prioritized in station area access plans. Activity Status Adjust Goal? Suggested Adjustment Leading SWC COT Team,staffing committees,reporting to council, Ongoing No rewriting codes and standards,reviewing and commenting on engineering plans,NEPA documentation,pressing for LRT improvements to support TOD,interfacing between TriMet and Tigard Strategy 2.4 Complete an initial assessment of Washington Square Regional Center Plan District and related development code.Identify barriers to redevelopment and develop a project of planning and code updates to attract investment in commercial,office,and high-density residential development with a range of price points. Activity Status Adjust Goal? Suggested Adjustment Beginning the stakeholder engagement process having mapped and Ongoing No reviewed existing conditions;will be conducting economic analyses and interjurisdictional conversations about the area's future,before going to work on new plan district codes and standards Goal 3:Ensure Tigard grows and develops in a smart and inclusive manner. Strategy 3.1 Secure external resources to Accomplish all planning and outreach activities necessary to expand the City's urban growth boundary to include the South River Terrace Area.Complete Title 11 compliance,apply to Metro for UGB expansion,and annex South River Terrace. Activity Status Adjust Goal? Suggested Adjustment Project has started and scheduled to be complete in July No Prepare a concept plan for West River Terrace. 2021. All direct,indirect and overhead costs necessary to make South MLG contract executed. Invoicing has begun. No River Terrace"development-ready'funded by private sector partners and/or through grants prepared at the expense of the private sector partner. The continuation of existing city plans and projects such that they No other plans or projects have been slowed or disrupted. No are neither slowed nor disrupted by River Terrace planning. The inclusion of equitable development principles in River Terrace These are being developed. No planning. Strategy 3.2 Complete an Affordable Housing Plan and adopt recommended strategies to promote the development and retention of affordable housing in Tigard.Increase advocacy at the regional level for housing that is affordable,funding strategies,and consider an excise tax. Activity Status Adjust Goal? Suggested Adjustment Looking to adjust the implementation of the Affordable Housing Plan to Affordable Housing Plan has been completed. Yes Implement housing strategies recommended in the deal with the pandemic. I I adopted Affordable Housing Plan. Strategy 3.3 Study the viability for any future expansions of the city's urban growth boundary to include employment land so that new growth and ongoing service costs to Tigard residents and businesses are balanced. Activity Status Adjust Goal? Suggested Adjustment This is being done as part of the Concept Planning for Rivert Terrace Ongoing,completed within 6 months. No South&West Goal 4:Enhance two-way communication to understand community priorities and involve the community in the decision-making process. Strategy 4.2 Initiate listening sessions with residents of unincorporated areas,within the urban growth boundary,about the opportunity for annexation. Activity Status Adjust Goal? Suggested Adjustment Staff is prepared to support councilors who are planning on attending No progress to report. Suggest dropping or supending this council goal until CBO meetings. Phase 4 of the Covid 19 Pandemic. Goal 5:Enhance walkability and pedestrian connectivity. Strategy 5.3 Continue to advance and develop Safe Routes to School(SRTS)plans for Tigard schools and implement an improvement for at least one school per year including funding priorities. Activity Status Adjust Goal? Suggested Adjustment Working on funding improvements at Templeton and Metzger and Ongoing. No continuing discussions with TTSD about opportunties and challenges related to school reopenings. Strategy 5.4 Integrate the Complete Streets Policy to update the Transportation System Plan.Consider implementation of a Neighborhood Traffic Management Program.Implement a Citywide Transportation Safety Action Plan and develop a scope and budget for a pedestrian crossing improvement plan. Activity Status Adjust Goal? Suggested Adjustment In CD,activity has foccused on selecting the consultant team for the Transportation System Plan(TSP)contract is under Yes TSP update is underway.Neighborhood Traffic TSP,now done. No progress in CD on Neighborhood Traffic negotiation with consultant team. Management Program and Citywide Transportation Management Plan or Safety Action Plan or Ped Crossing Plan(though Safety Action Plan with pedestrian crossing some of these maybe happening in PW/Eng). improvement plan should begin after completion of TSP. If CD is to be involved). CID PRIORITIES Not From Council Goals(in Progress since 2019) Activity Status Adjust Goal? Suggested Adjustment Building Code&Community Development Code Administration(i.e. Continuation of excellent service delivery in all aspects of No Land Use&Building case processing&technical support,code CD Code and Building code administration(i.e permitting). compliance,legislative improvement packages,systems mngmt) Building Services Operations Improvements Electronic Document Review underway. Total Tyler No Unless EnerGov cannot be implemented along with acceleration under consideration. Project coordinator other Tyler platforms under recruitment. HR discussions ongoing. Goal is to shore up and redistribute job duties in counter operations. All-in-One Plus Project Management On track with Communications Strategy and Functional& No Conceptual Design and Plus Site Planning work. Goal is a yes vote on a scoped and budgeted project in November 2021. Downtown TIF District Plan Implementation Acquisiiton of Johnson property;TGM application for Hall, No Burnham,Commercial corridors and code updates;TOD planning for Hall station and AVA Roasteria Development. Goal is to attract housing and commercial investment in the nearterm. Streets for People Program Pilot project up and running and feedback being collected. No Goal is to expand project to people in Tigard with fewest walking options. Hall Boulevard Jurisdictional Transfer MOU underway with COOT. Condition assessment data No being shared between agencies. Goal is to execute a JT agreement in 2021 or 2022,funding dependent. Highway 99 Corridor Planning Awaiting outcome of the Get Moving funding measure. No Early Look study under COOT complete and a four city coalition has been established,with participation from state and regional jurisdictions. Goal is to complete a corridor study by 2025 that will shape the future of the land use and transportation facilities along the roadway. Covid Response-Economic Support:Tigard CARES,Shop TIGARD, Preparing to roll out Phase V,using federal Cares money No Reopen Ready,Tigard Small Business Support,Tigard Outside through Washington County. Continued focus on equity in the approach. Continuity and communication on all other programs. Goal is to distribute the next$1.5m by the end of the 3rd qtr 2020 and to continue to support local businesses through the pandemic disruption. Unite Oregon-Community Bridge Building Managing the citywide contract to help Unite Oregon No connect with residents and businesses that the City has historically very little interaction with,and to connect people to resources and information. Goal is to build trust and start fostering relationships with Tigard's immigrant, refugee,low-income and nonwhite community members. Community Development Block Grant/Construction Excise Tax Program Accomplished joint entitlement status for CDBG and No Unless council chooses to use 50 percent of the Development enacted one percent CETs-both enable program commercial CET revenues for general fund support, development for affordable housing and possibly equitable as recommended by the Finance Director. This will economic development support or covid response. Goal is not change the goal,but will cause a scaling back of to successfully budget these new revenue streams to objectives over the period. support equity goals in the department. 2020 Census CD is the lead department in the city to coordinate the local No count,and to publicize its importance. Goal is to count everyone in Tigard,spending extra effort on hard to reach communities. Tigard Development Advisory Committee Recommendations on SDC The TDAC recommended deferring the collection of local No Deferrals and Vesting SDCs until occupancy,and that has been enacted. We continue discussions about SDC vesting. Goal is to come to a firm answer on vesting in accordance with the Total Tyler schedule for EnerGov(unless it is delayed for CD). CD PRIORITIES THROUGH 2021 Not From Council Goals(New Imperatives,no significant progress yet) Imperative Goal Adjust Goal? Suggested Adjustment Anti-Racism Goal is to begin reorienting our Community Development No However this goal will not be met if council redirects programs toward equity outcomes by asking staff,in our the department away from its current work plan,or day to day interactions,to identify WHO is going to benefit on to significant new goals in 2021. most from the action,HOW the action moves us toward racial justice,and IF the action is going to have a disparate geographic impact in the city(recognizing the legacy of institutional racism is geographic). Continue studying anti- racism and work to transition the department through the adoption of new,anti-racist practices and policy recommendations to support anti-racist community development. Strategic Plan Implementation Goal is to begin reorienting our Community Development No However this goal will not be met if council redirects programs toward the metrics of the refreshed Strategic the department away from its current work plan,or Plan;to report on progress regularly;and to resource those on to significant new goals in 2021. SP goals that cannot be met with current staff and budget. Climate Responsibility Goal is to support the Assistant City Manager in developing No However this goal will not be met if council redirects a Climate Action Plan for Tigard by the end of the period. the department away from its current work plan,or (Note:some climate goals are embedded in the refreshed on to significant new goals in 2021. Strategic Plan and will be pursued outside of the Climate Action Plan) Public Health Goal is to prioritize the health of CD staff,Permit Center No However this goal will not be met if council redirects customers and community members throughout the Covid- the department away from its current work plan,or 19 pandemic and after,by adapting to the Covid on to significant new goals in 2021. environment and reorienting programs to improve public health as suggested by the refreshed Strategic Plan.