City Council Packet - 04/27/2021 INCity of Tigard
Tigard Business Meeting —Agenda
TIGARD
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & TOWN CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: April 27, 2021 - 6:30 p.m. Executive Session; 6:45 p.m. Business Meeting
MEETING LOCATION: Remote participation only. See 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.tigard-or.gov/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 when instructed to be placed in the queue. We ask that
you plan on limiting your testimony to three minutes
SEE ATTACHED AGENDA
VIEW LIVESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php
CABLE VIEWERS: The first City Council meeting of the month may be shown live on Channel 28 at 6:30
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.
III " City of Tigard
Tigard Business Meeting —Agenda
TIGARD
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD & TOWN CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: April 27, 2021 - 6:30 p.m. Executive Session; 6:45 p.m. Business Meeting
MEETING LOCATION: Remote participation only.
6:30
•EXECUTIVE SESSION: The Town Center Development Agency (TCDA) will go into Executive
Session to discuss real property negotiations,under ORS 192.660(2) (e). 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.
6:45 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Call to Council and Staff for Non-Agenda Items
2. PUBLIC COMMENT
A. Public Comment—Written
B. Public Comment—Phone-In
C. Follow-up to Previous Public Comment
3. COUNCIL LIAISON REPORTS
4. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board) The Consent
Agenda is used for routine items including meeting minutes and approval of contracts or
intergovernmental agreements. Information on each item is available on the city's website in the
packet for this meeting. These items may be enacted in one motion without separate
discussion. Council members may request that an item be removed by motion for discussion and
separate action.
A. LOCAL CONTRACT REVIEW BOARD - CONSIDER CONTRACT AWARD FOR 2021
RAMP IMPROVEMENTS
•ConsentA2enda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda
for separate discussion will be considered immediately after the Council/Town Center Development Agency has voted on
those items which do not need discussion.
5. RECEIVE REPORT FROM METRO COUNCIL PRESIDENT PETERSON AND
COUNCILOR ROSENTHAL ON REGIONAL PRIORITIES 6:55 p.m. estimated time
6. CONSIDER ADOPTION OF CITY COUNCIL GOALS FOR 2021-2023
7:25 p.m. estimated time
7. TOWN CENTER DEVELOPMENT AGENCY: CONSIDERATION OF A
DEVELOPMENT ASSISTANCE AGREEMENT WITH COMMUNITY PARTNERS FOR
AFFORDABLE HOUSING 7:45 p.m. estimated time
8. RECEIVE UPDATE ON RIVER TERRACE 2.0 CONCEPT PLAN AND HOUSING
NEEDS ANALYSIS 8:00 p.m. estimated time
9. NON-AGENDA ITEMS
10. ADMINISTRATIVE REPORT
11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order, the appropriate ORS citation will be announced identifying the applicable
statute. 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.
12. ADJOURNMENT 8:30 p.m. estimated time
1111
TIGARD
Meeting of the
Tigard City Council
April 27, 2021
Public Testimony Received
1. Dan B. 4/25/2021 Metzger School Park Project:
Understands the urban renewal plan amendment,and more people use downtown
than a single park in north Tigard but is sad to see his neighborhood park
overlooked after the city council unanimously approved in 2015 a project which
would"redevelop this space into a public park and outdoor destination spot,which
will provide much-needed recreation in north Tigard."He requests that Council
reconsider bringing this project back.
Carol Krager
From: Dan B <
Sent: Sunday,April 25, 2021 9:08 AM
To: Carol Krager
Subject: Metzger School Park project
Hello, I wanted to write about the Metzger School Park project.The project webpage has said: "After finding funding for
an artificial turf soccer field,the city found that the vision for the Park no longer aligned with the community desires.
This project is on indefinite hold until funding can be found to redesign the park." I understand the urban renewal plan
amendment, and more people use downtown than a single park in north Tigard. It's just sad to see my neighborhood
park overlooked after the city council unanimously approved in 2015 a project which would "redevelop this space into a
public park and outdoor destination spot, which will provide much-needed recreation in north Tigard". Please
reconsider bringing this project back.
1
AIS-4636 4. A.
Business Meeting
Meeting Date: 04/27/2021
Length (in minutes): Consent Item
Agenda Title: LOCAL CONTRACT REVIEW BOARD -
CONSIDER CONTRACT AWARD FOR 2021 RAMP
IMPROVEMENTS
Prepared For: Christine Moody
Submitted By: Christine Moody, Finance and Information Services
Item Type: Motion Requested Meeting Type: Consent
Agenda -
LCRB
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
The Local Contract Review Board will consider the award of a contract for 2021 Ramp
Improvements.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends the Local Contract Review Board award a contract to Brown Contracting,
Inc for the 2021 Ramp Improvements in the amount of$344,972.00 and direct the City
Manager to take the steps necessary to execute the contract.
KEY FACTS AND INFORMATION SUMMARY
This is the first construction season of the new American Disabilities Act (ADA) Right of
Way ramp improvement program. The City is constructing twenty-four (24) ramps that were
identified as high or medium priority within the highest Transportation Demand Score area.
In addition, an ADA ramp will be added to Northview Park as a priority request from the
Parks and Recreation Division.
A formal Invitation to Bid was issued on March 17, 2021 and Bids were due April 6, 2021.
The City received two bids from the following firms:
•Brown Contracting, Inc - $344,972.00
•Pacific Excavation, Inc - $425,000.00
Staff reviewed the bids and determined that Brown Contracting, Inc has submitted the lowest
responsible bid, with the base bid and alternate schedules A, B and C. The company has no
State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor
and Industries ineligible list.
OTHER ALTERNATIVES
The Local Contract Review Board may reject all bids and direct staff to evaluate and resolicit
bids. This would extend the project timeframe and delay the installation of ramps this season.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
2020-2025 Strategic Plan:
Priority 2.1 — Create a well-connected pedestrian network that links all Tigard residents and
businesses.
Priority 2.2 —Tigard's pedestrian network is attractive, accessible, safe and well maintained.
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Fiscal Impact
Cost: $344,972.0
Budgeted (yes or no): Yes
Where budgeted?: PMP
Additional Fiscal Notes:
Pavement Management Program through the Street Maintenance Fee.
Attachments
No file(s) attached.
AIS-4609 5.
Business Meeting
Meeting Date: 04/27/2021
Length (in minutes): 30 Minutes
Agenda Title: Report from Metro Council President Peterson and Councilor
Rosenthal on Regional Priorities
Prepared For: Steve Rymer, City Management Submitted By: Carol
Krager,
Central
Services
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Metro Council President Lynn Peterson will give a report on regional priorities.
STAFF RECOMMENDATION / ACTION REQUEST
Discuss and provide input on Metro's regional priorities.
KEY FACTS AND INFORMATION SUMMARY
Metro Council President Lynn Peterson will give a report on regional priorities. She will be
joined by Councilor Gerritt Rosenthal. There is a slide presentation and there will be time for
a question and answer period.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
Attachments
Presentation
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AIS-4621 6.
Business Meeting
Meeting Date: 04/27/2021
Length (in minutes): 20 Minutes
Agenda Title: Consider Adoption of City Council Goals for 2021-2023
Prepared For: Steve Rymer, City Management Submitted By: Carol
Krager,
Central
Services
Item Type: Motion Requested Meeting Type: Council
Update, Discussion, Direct Staff Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
The team will present the City Council's 2021-2023 Goals and Team Agreement for
consideration.
STAFF RECOMMENDATION / ACTION REQUEST
1. Adopt the 2021-2023 City Council Goals and direct the team to begin implementation
immediately.
2. Determine if the proposed Team Agreement replaces the previous "ground rules"
document or if the team should return with a re-imagined "ground rules" document for
consideration.
KEY FACTS AND INFORMATION SUMMARY
The City Council adopts goals on a two-year cycle. The Goal Setting Advance was held on
March 19 and 20, 2021 to discuss and establish the City Council's goals for 2021-2023. The
discussion was facilited by SSW Consulting and included Leadership Team participation. At
the conclusion of the Advance, the City Council selected goals focused on COVID-19,
homelessness, commnity resiliency, and parks & recreation which are further defined in the
attached document.
New this year, the City Council also decided that our team should use the lens of equity,
economy, environment, engagement, and excellence to advance the goals and all that we do to
serve our community. This lens has been called our "Community Promise." Also, a "Team
Agreement" that describes how the City Council will work together was developed. The team
is seeking direction if the Team Agreement will replace the previous "ground rules" document
or if City Council would like us to return with a re-imagined document to serve that purpose.
Finally, the City Council decided that an additional discussion on communication expectations
and process is necessary and a meeting will be scheduled soon.
OTHER ALTERNATIVES
Revise goals as necessary.
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
The City Council adopts its goals every two years.
Fiscal Impact
Fiscal Information:
Funds are available in the proposed Fiscal Year 2021-22 budget and will be included in the
recommended American Rescue Plan Act community investment plan to advance the new
City Council goals.
Attachments
Council Goals Summary Report
City of Tigard www.tigard-or.gov
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T I GARD
2021 _2023
i ou nci„, IGoa s
Draft Revised April 22,2021
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City of Tigard
Introduction
The City of Tigard is pleased to present the summary of its 2021 Goal-Setting Workshop.The City Council
and Leadership Team conducted a two-day virtual workshop on March 19-20, 2021 to recognize the
accomplishments of the previous year, align with the City's vision, establish a shared understanding of
the current community context,and develop a focused list of goals in alignment with the City's Strategic
Plan.The City contracted with SSW Consulting,a professional strategic planning and facilitation firm to
prepare and guide the team through their discussion. Prior to the workshops,SSW conducted outreach
with the Council and Leadership Team to discuss community challenges,opportunities,and priorities on
the horizon.The agenda for the discussion was based on the following outcomes identified through the
outreach process:
» Recognize and celebrate the accomplishments of the past year,establish a shared understanding
of the community context,and align with the City's vision as the basis for goal setting;
» Develop a focused list of shared,high-level goals that are in alignment with the City's Strategic Plan
and the recommendations of the City's performance audit;
» Review the Council's Ground Rules and develop a new team agreement that willguide the Council's
working relationship over the next two years;and,
» Build a collaborative and aligned team between the Council and City teammates to advance the
Council's goals.
The City Council and Leadership Team worked closely together to identify goals and strategies for 2021-
2023 that will build on the work and success of previous years,while also addressing new challenges
and shifting community needs.The City will work on these goals in addition to maintaining high-quality
core City services and completing prior goals that are still in progress.
The team looks forward to working together with the community and the City's partners as they begin
the work to advance these goals.
2 2021 City Council Goals
www.www.tigard-or.gov
Table of
Contents
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Introduction Page 02 Setting the Page 07
Context
Our Team Page 04 2021-23 Goals + Page 11
Community Promise
Tigard's Vision + Page 05 City Council Page 17
Strategic Goals Team Agreement
Implementation + Page 18
Progress Reporting
3
City of Tigard
Our
Team
City Council
Jason B. Snider, Mayor
Heidi Lueb, Council President
John Goodhouse, Councilor
Liz Newton, Councilor
Jeanette Shaw, Councilor
Emilio Calderon, Youth City Councilor
Leadership Team
Steve Rymer, City Manager
Kenny Asher, Community Development Director
Dana Bennett, Human Resources Director
Halsted Bernard, Library Director
Toby LaFrance, Finance + Information Services Director
Kathy McAlpine, Police Chief
Kathy Nyland, Assistant City Manager
Brian Rager, Public Works Director
Shelby Rihala, City Attorney
Nadine Robinson, Central Services Director
Kent Wyatt, Communications Manager
Facilitated By
Sara Singer Wilson, Principal/Owner
SSW Consulting
4 2021 City Council Goals
www.www.tigard-or.gov
Tigard's w,
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To align the group around a future state of mind, the team reviewed the City's vision and
strategic priorities. Aligning around these guiding plans honored the work that had been
previously completed, as well as inspired and guided the team in the goal setting process.
Tigard's Tigard is an equitable community that is walkable, healthy, and accessible for
Vision everyone.
Strategic In 2020, the City completed a refresh of its Strategic Plan. The plan's purpose
Plan is to set a focus for how the City's vision and direction will be achieved. It
serves as a road map to guide where Tigard is going and convey what the
City aspires to be. The development of the plan included a broad engagement
effort of the community members and City teammates.
The Strategic Plan aligns around the vision described above, and it identifies
three strategic priorities to help carry out this vision.
Strategic priorities:
• Set the standard for excellence in public service and customer
experience.
• Create a well-connected, attractive, and accessible pedestrian network.
• Ensure development and growth support the vision.
5
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6 2021 City Council Goals
www.www.tigard-or.gov
Setting
The Context
The team celebrated and recognized accomplishments and progress from the last year, in particular
the many shifts and transitions in services made to address the COVID-19 pandemic, social justice
movements, wildfires, and more. The previous year brought many new challenges that the team met
with resilience and efforts to innovate City services to continue meeting the needs of all members of the
community.
This section highlights these accomplishments as well as the general context of the community. All
organizations work in a context;there are larger environmental forces and trends that shape what is and is not
possible just as much as the internal capacities and capabilities of a group. The context map shown in this
section provides a big-picture view of the Tigard environment.
The team set an intention to evaluate the current environment, align with the City's Strategic Plan, and set
focused goals that would propel them forward as a high-performing team.
him AcconipIishnieilts *�
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Progress on prior council The City's continual and COVID response— Expanded operations to Management of Covid-
goals in all areas; careful management of our continued coordination with
Completion of city accommodate photo related efforts—very proud
downtown,Triangle,River COVID response to help departments to provide a
keep our teammates and safe environment for onsite hall remodel. enforcement speed of our Emergency Services
Terrace,Washington Square, unity safe stall and the public. citation processing Coordinator and our
support for others comm Community Engagement
Coordinator.
Procurement& Expanded court
The innovation that has sprung up as How the PD responded in a Implementation of Total Assisted Tigard services by providing
esult of COVID pressures wdh CARES small hearings and Selection of T ler EAM
a r pandemic,our community Tyler Enterpriseby phoneY
continued cultivation!believe what business grant virtual!.
has started due to need will outreach during this time and Resource Planning Y for our maintenance
grow as our transparency work after programwe have strengthened the George Floyd System management software
technology skills of our teams duringreplacement.
this time Tigard Public Library has Updated Tigard
continued to serve our Municipal Code and
Organized Citywide mroaghomme Public Contracting
community
Clarity,shared Successful passage of the Grant Committee COVID-t9 public health Rules Successful recruitment of our
understanding,appreciation, Police Services Levy.Reach Process emergency Parks,Rec and Green
and bonding so we work as and engagement numbers Infrastructure Manager and
a team(remembering we're for virtual council Continued work on City subsequent recruitment of
9 Facilities Consolidation our
all on the same side!) engagement during COVID Provide Business Project&River Terrace new Recreation Program
billingpp Coordinator
Provide utility Licenses application zo
customer assistance in multiple languages
Developed partnership in multiple languages We appreciate the
Began to track M/W/ with local organizations team!Thank you for
D/DSV/ESB with focus on mmorny.
Eliminated fees that addressing the impacts
businesses women,and small
Accounted for could result in of COVID on the
businesses millions of Federal Expanded utility aid barriers to access. community
Relief CARES Act program
Funding Proud of what the Council Creation of Public
Provided technology and teammates have
Safety Advisory
solutions for internal The entire scope of everything donewelevate our Board
teams amid pandemic that has been done as city-so community engagement
Participated in Tigard many moving parts while
efforts.
RAFT funding staying in touch with the
process community.We've done a Intl
2020 accomplishments and highlights shared by Tigard Council and City teammates
7
City of Tigard
Context Map Highlights
The Context Mapping exercise increased the team's understanding of complex situations and established a
common backdrop for goal-setting. To establish this shared context, the City Council and Leadership Team
discussed topics including opportunities, challenges, political factors, economic climate,technology trends,
other community trends, and uncertainties.
Opportunities • Develop a Climate Action plan focused on improving community resiliency.
pp Gather input from the Public Safety Advisory Committee in the review of body cameras,
changing police cars/uniforms to soften the look,alternative responses to 911 calls for
mental health, public safety hiring practices, policies,etc.
• In regard to COVID,the City has done a lot, but we need to have resources available if
this is a priority. Set aside funding for grants, utility assistance,etc.
• Be more transparent about how we are funding things City improvements and
infrastructure.
• Improve engagement to focus on the messaging vs.tools, have the data and the
detailed information available, but put more emphasis on developing and
communicating key messages and the call to action
• Apply an equity lens to the contracting process — make it more accessible for MWSEB
to access the City's contracting process
• Focus on employee engagement and build a leadership program to foster the strength
of our staff teams
• Recent passage of federal funds will create new opportunities in green technology,
transportation,etc.
• Transportation opportunities will need to be evaluated as we are landlocked by three
major highways,and we will need to be in solving traffic issues
• As we consider employment opportunities in Tigard, how can we incentivize new
opportunities and create these jobs that will alleviate traffic congestion?
• Using urban renewal,we can continue to grow downtown,the Tigard Triangle, River
Terrace,and Washington Square. A lot of this work was delayed because of COVID
• Consider how the City can build relationships with the community in Bull Mountain.
Washington County may push discussions regarding the future of these areas,and the
City will need to determine its role and how to be a good partner in future efforts
• There is a funding strategy in place to solve our City facility issues and address
affordable housing needs using a smaller footprint for City buildings
• We have an opportunity to be the most walkable city and may want to consider a
sidewalk gap bond to fund the sidewalks needed to bring this vision to life
• As we continue working on the City's Park Master Plan,ensuring we plan for an
equitable park system providing access within a 10-minute walk of everyone.
• Continued collaborating with social service providers and explore implementing a south
cities mental health response team for more localized service
• Evaluate opportunities for communication and engagement strategies that includes
internal resources to build relationships
• TYLER provides a critical opportunity for the long-term success of the city,that if
implemented effectively,will provide access to more data,allowing the City to evaluate
our operations and seek continuous improvements on a new level
• The Library will continue to serve as a community hub,especially when it is safe to
reopen the doors to the public
• If the City's May levy passes for urban renewal it will increase the City's max
indebtedness, and Tigard will have a lot of opportunities to do work in the Tigard
Triangle and downtown Tigard
8 2021 City Council Goals
www.www.tigard-or.gov
Challen eS • The Washington Square regional center plan has been stalling out.The team needs to
g determine what efforts need to pause for now
» In our communication and social media efforts,we engage, but we don't have a great
system to follow-up with the public
• Funding challenges in park maintenance
» COVID recovery and addressing how to reopen is the City's most significant challenge.
We have been successful in working with businesses, but we need to continue to do this
and make sure people feel safe
• Transportation and access to public transportation is important. SW Corridor recently
failed; how do we incorporate something without the ballot measure?
• Addressing racial justice and police reform. We have started the work, but we need to
continue it and deliver on it.
• Maintaining alignment between the City's plans — strategic plan, performance audit,etc.
» We have challenges in addressing homelessness and mental illness. We cannot
police our way out of this,and we must develop a better position/plan for our homeless
community members.
• The City needs to build meaningful relationships with the Latinx and other historically
underserved communities
• Establishing a"new" normal and accepting that many things will not go back to how it
was before. We need to shift our focus in how things will be going forward.
» Reintegrating our most valuable resource,the City's employees,to in-person status
» Potential Federal or State unfunded mandates that could impact the City
• Bringing River Terrace into the City's urban growth boundary
• Addressing how to properly fund park maintenance communicate to increased costs
and/or fees to residents
Economic " The City's budget is always a concern. How do we effectively communicate to the
community what the City provides, understand community expectations, and align the
Climate budget accordingly?
» Many community members are slowly slipping behind on finances creating major stress
for people.The City needs to consider this as we evaluate priorities.
» What are the full impacts of COVID going to be on the economy over the long-
term and what will it mean for the City?There are many people who owe back rent and
eviction moratoriums end, it will create many impacts on housing stability.
» Landlords will also need support,there are rising concerns around losing properties
further impacting renters
» How can Federal funds be used to help our community?
» People are unaware of resources available to them-a lot of information can be provided
and there are different ways the City can support and share information regarding
available resources.
» Estimates are predicting that we will not reach pre-COVID employment levels until 2023.
Specific industries will continue to struggle(hospitality,etc.).
Political Factors » Congressman DeFazio is serving as Chair of Transportation Committee —the City
should reach out for potential resources to address local transportation needs
• Leverage our network connections bring more Federal,State, and regional resources to
Tigard
» As we receive American Rescue Plan (ARP) funds, be transparent and show the
community how we are using the money
9
City of Tigard
Other » There is a dramatic increase in permanent telecommuting, a significant change in
how the workforce works-this will have impacts on our infrastructure including
Community transportation and internet access.The City needs to think differently about broadband
infrastructure.
Trends » People are exhausted politically and economically.The pandemic has taken its toll and
it will be challenging to engage people and get them interested in what's happening
at the City. However, people want to be in the know and brought along-the City's
messaging will be very important in our communications.
» TYLER —the Team is doing great work on moving this forward
Technology » As the City moves towards more online services,consider that some people in the
Trends community aren't well-served in this way and have limited access.
» Technology= mobility and will increase the City's ability to provide services from the
field and alternative office locations. It will also continue to enable us to host virtual
public meetings. The City could potentially see savings on office space costs.
» We have been in "pandemic" mode for over a year, and we likely will not understand the
Uncertainties impacts for years. We should try to prepare for that as best we can.
» Will we have the team resources and financial resources to support and what does our
overall capacity look like in the future?
» As vaccines roll out and things begin to open,what will that look like for us as a City?
Will we continue virtual meetings?
» There are many uncertainties about how we will police in the future-there are
thousands of legislative motions.The impacts of legislation could be good,or
they could be a slippery slope.
» How we communicate as a City and how we respond-do we need a dedicated
Communications person?What's the process in the future?
10 2021 City Council Goals
www.www.tigard-or.gov
2021 -2023
Goals + Community
Promise
Our Community Promise
Below the team has identified a Community Promise or the "Five E's" which is the lens through
which each of the goals on the following pages will be evaluated and considered. This community
promise will guide the team in implementing the goals and all that we do.
EQUITY: WE will ensure just and fair inclusion where all can participate, prosper, and
reach their full potential.
ENVIRONMENT: WE will embrace sustainability to improve our natural resources and the
livability of our community.
ECONOMY: WE will be responsible stewards of the community's financial resources
entrusted to us.
ENGAGEMENT: WE will involve all voices in our community while building trusting relationships.
EXCELLENCE: WE will set high standards and strive to exceed community expectations.
2021 -2023 City Council Goals
The team worked together reviewing the City's vision, Strategic Priorities, and current context as they
identified goals and strategies that would address opportunities and challenges on the horizon as well
as advance teh City towards its vision. The goals are not listed in any particular order. The Team has
identified the project sponsors,they will select project leads and develop implementation timelines
based on available resources and work currently in progress.
11
City of Tigard
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ODE l_12 2021 City Council Goals
www.www.tigard-or.gov
Goal 1 Implement an actionable, person-centric, and regional response
to homelessness.
Outcome A community that offers safe housing options for all
Project
Sponsor Kathy Nyland,Assistant City Manager
Project Implementation
Strategies Lead Timeline
1.1 Re-ignite efforts focused around homelessness TBD TBD
and identify best practices.
1.2 Facilitate city-wide conversations which will
include convening an interdepartmental team to TBD TBD
learn more about concerns and resources to
serve those in need.
1.3 Develop and implement a housing insecurity and
prevention plan that includes recommendations TBD TBD
such as Safe Lots,expansion of shelter
hours,wraparound services and expanded
partnerships.
13
City of Tigard
Goal 2 Support the Tigard community through a coordinated COVID-19
response.
Outcome A thriving Tigard community post-pandemic
Project
Sponsor Kathy Nyland,Assistant City Manager
Strategies Project Implementation
Lead Timeline
2.1 Allocate and communicate how American TBD TBD
Resource Plan funds are assisting with recovery
efforts.
2.2 Address the barriers that exist within the digital TBD TBD
divide.
2.3 Reimagine and embrace forward-thinking TBD TBD
approaches for the delivery of city services
post-pandemic.
14 2021 City Council Goals
www.www.tigard-or.gov
Goal 3 Develop and implement a bold community resiliency plan.
Outcome A reduced carbon footprint for the City
Project
Steve Rymer,City Manager
Sponsor
Project Implementation
Strategies Lead Timeline
3.1 Develop and implement a community resiliency TBD TBD
plan that is specific to the needs of the
Tigard community and organization.
3.2 Implement resiliency practices that help us achieve TBD TBD
carbon neutrality by the year 2035.
3.3 Communicate our resiliency efforts to the TBD TBD
community to encourage individuals
and businesses to adopt new practices
that support our climate goals.
3.4 Develop regional partnerships to help reduce TBD TBD
carbon throughout the Portland metro.
15
City of Tigard
Adopt and implement the Parks and Recreation Master Plan by
Goal 4 developing a realistic funding plan and cost-effective service
delivery model.
Outcome Equitable, safe and accessible park and recreation facilities and
programs for everyone in the community
Project
Steve Rymer,City Manager
Sponsor
Project Implementation
Strategies Lead Timeline
4.1 Evaluate service delivery models for expanded TBD TBD
park and recreation services.
4.2 Recommend feasible alternative models and TBD TBD
funding strategies.
4.3 Enhance the equity and safety of our parks and TBD TBD
trails system.
16 2021 City Council Goals •
www.www.tigard-or.gov
Tigard City Council
Team Agreement
The team agreement identities how the City Council agrees to work together in
alignment with their Council Ground Rules. Each newly elected Council should
develop an agreement to honor their individual strengths and communication
styles. The purpose of this agreement is to guide the team in working together,
build trust, and facilitate open communication and accountability.
We recognize that our impact is p 7 -.f "`r" kms., 4 We are responsible for engaging
more important than our intent. -p and communicating with our
• ••• We hold ourselves and our �1 team and our community. We
GOALS THAT ENGAGE+
teammates accountable to the COMMUNICATE are direct, timely and equitable
CREATE goals we set. EARLY, OFTEN in our communications and
IMPACT + DIRECTLY seek to understand intent and
motives.
/* We honor the diverse We respect the time of our
perspectives on the team, teammates and commit to
WE ARE provide space for everyone to being prepared for meetings.
ONE be heard, and move forward as BE
TEAMPREPARED
ONE team.
tk gip,_. ,
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BE CURIOUS with curiosity and kindness ALL sharing our own. We commit
+ instead of criticism. PERSPECTIVES to speaking up and creating
KIND ARE VALUED
space for others to be heard.
17
City of Tigard
Implementation +
Progress Reporting
To maintain accountability to the goals and ensure two-way communication
between the Council, City teammates,and the community,the following process
has been outlined to support the implementation of the goals. This process will
also support evaluating and tracking progress on the goals over the next two
years.
Goals, Strategies +Timelines
The City Manager has assigned "Project Sponsors" for each goal to support the team in moving the
goal forward and maintaining the alignment of the goals and strategies to the City's overall vision and
Strategic Plan. Each Project Sponsor will assign "Project Leads" for each strategy outlined under the
goals. The project leads will be Leadership Team members who will oversee the implementation and
report progress.The Project Leads will provide estimated timelines for the strategies based on teammate
capacity and budgeted resources.
Progress Reporting
Every quarter, City teammates will provide the City Council with an update on the goals and
strategies. These updates will include any progress, challenges that need to be addressed, and/
or recommendations or requests for additional Council direction. City teammates will continue
to provide real time updates on projects as they progress, highlight the goals and strategies in
their department work plans where applicable, and show alignment with the Strategic Plan and the
recommendations of the City's Performance Audit.
18 2021 City Council Goals
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City Council Presentation - April 27, 2021
Aligning Council Goals with the Strategic Plan
3 PRIORITIES
STRATEGIC THAT SUPPORT OUR VISION
VISION Set the standard for excellence
in public service and customer
Tigard: An equitable experience.
community that is Create a well-connected, attractive,
B
walkable, healthy, and and accessible pedestrian network.
accessible for everyone. 3 Ensure development and
growth support the vision.
Tigard
Aligning Council Goals with the Strategic Plan
A two-day virtual workshop was held in March. ;.,, 40,...
During the workshop, the Council & Leadership Team: ` "
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• Recognized the accomplishments of the previous year. "°i'- #
• Established a shared understanding of the current community '`
context.
• Developed a list of goals in alignment with the City's Strategic
Plan.
. e Tigard
— Our Community Promise or 'The Five E's'
Council goals will be evaluated and considered using the five E's. They will
guide the team in implementing the goals and all that we do.
EQUITY �, ENVIRONMENT
61 •74WE will ensure just and fair inclusion WE will embrace sustainability to
where all can participate, prosper, and improve our natural resources and the
reach their full potential. livability of our community.
CITY OF
Tigard
Our Community Promise or 'The Five E's'
41,-\ ECONOMY
WE will be responsible stewards of the community's financial resources entrusted to us.
• • ENGAGEMENT
WE will involve all voices in our community while building trusting relationships.
EXCELLENCE
WE will set high standards and strive to exceed community expectations.
� CITY OF
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— 2021 to 2023 City Council Goals
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Business Meeting
Meeting Date: 04/27/2021
Length (in minutes): 15 Minutes
Agenda Title: Consideration of a Development Assistance Agreement
with Community Partners for Affordable Housing
Submitted By: Sean Farrelly,
Community
Development
Item Type: Motion Requested Meeting Type: Town Center
Resolution Development
Agency
Public Hearing No
Newspaper Legal Ad Required?:
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Consider a resolution authorizing the Executive Director of the Town Center Development
Agency to sign a Development Assistance and Loan Agreement with Community Partners for
Affordable Housing.
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends approval of the resolution authorizing the Executive Director of the Town
Center Development Agency to sign the Development Assistance and Loan Agreement.
KEY FACTS AND INFORMATION SUMMARY
Community Partners for Affordable Housing (CPAH), a non-profit affordable housing
developer, is applying for development assistance to purchase a property in the Tigard TIF
District to construct affordable housing. It is requesting $500,000 in assistance in the form of
a forgivable loan to purchase a property (the Torchwood site), which is a vacant 1.46-acre
property located just north of Pacific Highway near Fred Meyer's.
CPAH intends to begin construction in Fall 2022. The 42-apartment project will consist of
studios, 1-, 2-, 3-, and 4-bedroom units serving a range of families earning between 30% and
60% of Area Median Income ("AMI"). The building will also include a community room with
a kitchen to host resident events, computer stations, and an outdoor play area. This project
will strive to meet Earth Advantage Gold certification.
Community Partners for Affordable Housing will be providing resident services for the site
and will be partnering with other culturally specific non-profits to provide additional services.
The city/TCDA are seeking more affordable housing, including larger apartments built for
families. This project meets Council's 2019-2021 goals, and the goals of the New Tigard
Triangle: Planning for Equitable Development document, Tigard Triangle Urban Renewal
Plan, and the Strategic Plan. The project is currently planned to cost a total of$26,000,000
and will draw on a variety of funding sources including 9% Low-Income Housing Tax Credits,
General Housing Account Program funds from Oregon Housing and Community Services,
Metro Bond funds, and traditional debt. CPAH is aiming to submit an application for 9% low
income housing tax credits on April 30, 2021.
Staff discussed the proposal with the TCDA Board in an Executive Session on February 23,
2021. Representatives of CPAH presented the proposed project at the March Town Center
Advisory Commission (ICAC) meeting. CPAH formally submitted a Development
Assistance application on March 18, 2021. Staff reviewed the application and found it met the
approval criteria. The criteria for development assistance are:
•Housing affordability
•Provision of Public Amenities
•High-quality Urban Design
•Provision of Equitable Economic Opportunities (including MWESB hiring)
•Placemaking and Local Identity
•Improving Multimodal Conditions
•Environmental (green building) or Stormwater Mitigation
•Located in a Triangle Priority Area (currently 68th to 72nd Ave between Baylor and
Elmhurst)
The TCAC recommended approval of the assistance to the TCDA Board at their April
meeting.
Attorneys representing the city/TCDA and CPAH completed a Development Assistance and
Loan Agreement setting out the terms of the loan and protecting the TCDA investment.
When CPAH enters into a construction contract for the construction of the project and
enters into a Low-Income Housing Tax Credit Reservation and Extended Use Agreement
with OHCS affecting the Project, the agreement states that the City Council will convert the
Loan to a grant from the City to CPAH in which event no payment of interest or principal
shall be required. If the project is nor constructed within 5 years, the loan must be paid back
with interest.
With agency support for the Torchwood project now, at this early stage of development,
CPAH is in a stronger position to progress design and financing for the project.
OTHER ALTERNATIVES
The Board could direct staff to renegotiate provisions in the agreement, however that could
impact the project timeline.
COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS
Tigard City Council Goals 2019-21
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.
Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner.
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.
Tigard Comprehensive Plan
Housing
Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing
needs of current and future City residents.
Tigard Strategic Plan 2020-2025
Strategic Priority 3: Ensure development and growth support the vision.
Objective 3.1: Pursue land development that maximizes public health benefits while
increasing connection between people and community destinations.
Objective 3.2: Focus development-associated resources in parts of the city that have the
capacity to serve, house, employ, and attract the most people with the least impact on
Tigard's natural systems and the climate.
Objective 3.3: Understand the effects of development on vulnerable Tigard residents and
mitigate these impacts within projects and over time.
Objective 3.4: Proactively intervene as necessary to meet the housing needs of all community
members.
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.
Objectives:
5.4. Assist in the development of affordable and workforce housing.
DATES OF PREVIOUS CONSIDERATION
February 23, 2021 Executive Session
Fiscal Impact
Cost: $500,000
Budgeted (yes or no): Yes
Where Budgeted (department/program):TCDA
Additional Fiscal Notes:
The TCDA Tigard Triangle fund has $1,000,000 in the Proposed FY 2021-2022 Budget for
Affordable Housing projects.
Attachments
Resolution
Exhibit A
Proiect Slides
CITY OF TIGARD, OREGON
TOWN CENTER DEVELOPMENT AGENCY
RESOLUTION NO. 21-
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
TOWN CENTER DEVELOPMENT AGENCY TO SIGN A DEVELOPMENT
ASSISTANCE AND LOAN AGREEMENT WITH COMMUNITY PARTNERS
FOR AFFORDABLE HOUSING TO PURCHASE LAND IN THE TIGARD
TRIANGLE TIF DISTRICT
WHEREAS, the Tigard City Council's current goals include a strategy (3.2) to promote
the development of affordable housing in Tigard;and
WHEREAS, the Tigard Triangle Urban Renewal Plan includes Objective 5.4 to assist in the
development of affordable and workforce housing; and
WHEREAS, the Town Center Development Agency budget for FY 2021-22 includes an
Affordable Housing Development Fund to make grants and loans that support
affordable housing;and
WHEREAS, Community Partners for Affordable Housing (CPAH) has submitted an
application for$500,000 in development assistance to purchase the Torchwood
property to allow the construction of 42 units of affordable housing and meets
the criteria for funding; and
WHEREAS, the Town Center Advisory Commission has recommended approval of the
assistance to the TCDA Board; and
WHEREAS, the Development Assistance and Loan Agreement sets out the terms and
conditions for the Agency to make a $500,000 forgivable loan to CPAH.
NOW,THEREFORE, BE IT RESOLVED,by the Tigard Town Center Development Agency that:
SECTION 1: The Executive Director is authorized to execute the Agreement,in
substantially the form attached as Exhibit A, subject to final legal review.
SECTION 2: The Executive Director may approve editing or similar changes to Exhibit A
that do not materially alter the rights or responsibilities of the parties.
SECTION 3: The Executive Director is authorized to take such further steps as reasonably
necessary to effectuate the Agreement
SECTION 4: This resolution is effective immediately upon passage.
TCDA Resolution No. 21-
Page 1
PASSED: This day of . 2021.
Chair—City of Tigard
Town Center Development Agency
ATTEST:
Recorder—City of Tigard
Town Center Development Agency
TCDA Resolution No. 21-
Page 2
EXHIBIT A
DEVELOPMENT ASSISTANCE AND LOAN AGREEMENT
THIS LOAN AGREEMENT ("Loan Agreement") is made this day of
2021 by and between Community Partners for Affordable Housing, an Oregon nonprofit corporation,
("Borrower") and the Town Center Development Agency, an ORS Chapter 457 urban renewal agency
("Lender").
RECITALS
A. Borrower desires to acquire that certain property located at Lot 1 of 11655 SW Pacific Highway in Tigard,
Oregon legally described in Exhibit A(the "Land").
B. This loan (the "Loan") shall be used for the acquisition of the Land, upon which shall be developed a
four-story, approximately 47,000 square foot building with 42 units of affordable housing.
C. Lender intends to lend$500,000.00 to Borrower, with a loan term of five years and the potential for
loan forgiveness, provided certain terms are met.The Loan, defined below, shall be used to assist
Borrower to acquire the Land. Lender has a strong interest in the design and continued use of the
Project, defined below. Therefore, Lender's decision to make the Loan is premised on the agreement of
Borrower to comply with both the payment and the nonpayment terms of this Loan Agreement.
D. The Loan will be evidenced by a Promissory Note (the "Note") and will be secured by a second deed of
trust(the "Deed of Trust") subordinate only to the first deed of trust that secures a loan from
Borrower's Primary Lender, defined below.The Deed of Trust shall cover the Land.
E. The completion of the Project according to the terms of this Loan Agreement, including the Site Plan
(defined below) and the Schedule of Performance (defined below), is a material inducement to Lender
to enter into this Loan Agreement.
NOW,THEREFORE, the parties agree as follows:
AGREEMENT
1. DEFINITIONS
Certificate of Occupancy means the Certificate of Occupancy issued for the Project by the City of Tigard
Community Development Department.
City means the City of Tigard, a municipal corporation of the State of Oregon.
Closing means the escrow event whereby, among other things, the proceeds of the Loan are
disbursed by Lender to Borrower and applied by Borrower to the purchase price of the Land. [The parties
anticipate that Closing will occur on July 1, 2021.]
Page 1 Loan Agreement
Fiscal Year means the period beginning on the first day of July of each year and ending on the last day of
June of the subsequent year.
Loan means the acquisition loan from Lender described in this Loan Agreement.
Loan Document means this Loan Agreement, the Note, the Trust Deed or any other agreement
executed by Borrower and Lender in connection with the Loan (collectively"the Loan Documents).
Note means that certain promissory note of even date herewith executed by Borrower in favor of
Lender and evidencing the Loan.
OHCS means the State of Oregon acting by and through its Housing and Community Services
Department.
Permitted Exception means a title exception not objected to and expressly permitted by Lender.
Primary Lender means
Project means the means the Land, together with the improvements to be constructed on the Property
as contemplated in this Loan Agreement.
Project Operating Budget means the project operating budget approved by Lender, attached hereto as
Exhibit B, as the same may be revised from time to time.
Project Property means the Land and any improvements on the Land.
Project Schedule means the schedule set forth in Exhibit C, showing completion of milestones in the
construction of the Project.
Site Plan means the Proposed Site Plan, attached hereto as Exhibit D, as the same may be revised from
time to time.
Sources and Uses of Funding Budget means the amounts and sources of all funding for the
development of the Project and the construction loan budget approved by Lender in writing, attached hereto as
Exhibit E, as the same may be revised from time to time.
Trust Deed means that certain trust deed, security agreement, fixture filing, and assignment of
leases of rents of even date herewith executed by Borrower, as Grantor, in favor of Lender, as
Beneficiary, encumbering the Project and securing the Loan.
2. REPRESENTATIONS,WARRANTIES, AND COVENANTS OF BORROWER
To induce Lender to enter into this Loan Agreement and to make the Loan provided for in this Loan
Agreement, at all times during the term of this Loan Agreement, and until all amounts and obligations owing
Page 2 Loan Agreement
hereunder and under any other Loan Document shall have been paid and performed Borrower represents,
warrants, and covenants as follows:
2.1 Existence. Borrower is a nonprofit corporation, duly organized and validly existing under the laws of
the State of Oregon. Borrower shall keep in force all licenses and permits necessary to the proper conduct of its
ownership and operation of the Project.
2.2 Organization Documents. Borrower has provided Lender true, correct, and complete copies of
Borrower's organization documents, consisting of(i)Articles of Incorporation filed September 25, 1993, as
amended, and (ii)verification of tax exempt status.
2.3 Authority. Borrower has full power and authority to conduct all of the activities that are now
conducted by it or proposed to be conducted by it in connection with the Project and as contemplated by this
Loan Agreement, to execute, deliver, and perform this Loan Agreement, the Note, the Deed of Trust, the
environmental indemnity required by Section 4.14, and all of the other loan documents that Borrower is
required to execute, deliver, and perform by the terms of this Loan Agreement.The resolutions of Borrower
submitted to Lender authorizing the borrowing contemplated herein and listing the individuals authorized to act
on behalf of Borrower are in full force and effect as of the date hereof. Borrower will execute and deliver the
Loan Documents promptly when required and will perform and discharge each and every covenant and
obligation of Borrower contained in this Loan Agreement and the other Loan Documents in good faith and with
due diligence.
2.4.Title. Borrower owns and holds (or will own and hold, immediately following Closing)good and
marketable fee simple title to the Land. Borrower has provided to Lender a preliminary title report issued by
First American Title Company with a legal description in a form approved by Lender.
2.5 Deed of Trust.The Loan shall be subordinate only to the first deed of trust that secures a loan from the
Primary Lender.
2.6 Financial Statements.
a. Current Statements. Prior to Lender's transfer of any Loan funds to Borrower, Borrower shall
furnish current financial statements to Lender, prepared in accordance with generally accepted accounting
principles,which are hereby represented and warranted to be true and complete as of their date and to fairly
represent the respective financial conditions of Borrower, and Lender can rely on such financial statements in
agreeing to advance funds hereunder.There has been no material adverse change in the financial condition of
Borrower from that shown in such financial statements. Borrower agrees at all times to keep Lender fully
informed of the status and financial condition of Borrower and will disclose to Lender all material facts
necessary to make all previous disclosures not misleading. Lender shall have full and complete access at all times
to Borrower's current financial records.
b. Ongoing Statements. Borrower will furnish to Lender throughout the term of
the Loan (i) annual CPA-prepared financial statements for Borrower, delivered to Lender within one hundred
eighty(180) days of the end of such entity's fiscal year, and (ii) an updated schedule of real estate owned.
Page 3 Loan Agreement
2.7 Liabilities; Litigation. Borrower has no direct or contingent liabilities involving significant
amounts known to Borrower and not previously disclosed to Lender in writing.There is no litigation,
prosecution, investigation, or proceeding of any nature whatsoever now pending or to the best of Borrower's
knowledge threatened against Borrower.
2.8 Binding Obligations.This Loan Agreement and the other Loan Documents when executed
by Borrower and delivered to Lender will be the valid and binding obligations of Borrower, enforceable in
accordance with their terms except as the same may be limited by bankruptcy, insolvency, reorganization, or
similar laws or general principles of equity affecting creditors' rights generally.
2.9 Effect of Loan Documents.The execution, delivery, and performance of this Loan Agreement,
the execution and payment of the Note, the granting of the Deed of Trust, and the execution of, and granting of
security interests under, any of the other Loan Documents will not constitute a breach or default under any
other agreement to which Borrower is a party or may be bound or affected, or a violation of any law, regulation,
or court order that may affect Borrower, the collateral described in the Trust Deed, or the use thereof.
2.10 Soils and Geology.To the best of Borrower's knowledge, the Land has suitable soils and geology
for the Project and is not within a flood plain or other extra hazardous area for purposes of insurance.
2.11 Non-Foreign Person Status. Borrower is not a "foreign person"within the meaning of
Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended.
2.12 Use of Loan Proceeds; Schedule of Performance. Borrower will use the Loan proceeds only for
the acquisition of the Land. Borrower will use all reasonable efforts to complete construction of the Project in
accordance with the Project Schedule, including without limitation taking all required actions to (i) complete
design of the Project, (ii) obtain all permits, approvals, and authorizations necessary to construct and operate
the Project, and (iii) obtain sufficient financing for the construction and/or permanent ownership of the Project.
2.13 Performance by Borrower. Borrower will punctually and promptly pay when due the
principal of, and all interest on, the indebtedness evidenced by the Note and all other charges, fees, and sums
that may become due under the Loan Documents. Borrower will take all actions and do all things necessary to
cause each and every covenant, warranty, condition, agreement, obligation, and/or requirement contained in
this Loan Agreement and the other Loan Documents to be fully and faithfully performed and satisfied in
accordance with the terms thereof.
2.14 Status Reports. If requested by Lender, Borrower will furnish a status report to Lender, updating
the Project Schedule and describing progress made since the previous update.The status report shall be
delivered to Lender within fifteen (15) days of request.
2.15 [Reserved.]
2.16 Subordinate Liens. Borrower will not cause or allow the Project Property or any part thereof to
be subject to any lien or encumbrance relating to financing subordinate to the Loan contemplated by this Loan
Agreement, without the prior written consent of Lender, except for a potential future predevelopment loan to
Page 4 Loan Agreement
complete the predevelopment activities of the Project. Notwithstanding the above, Lender will promptly
execute instruments as necessary to subordinate this loan to Borrower's loan from the Primary Lender.
2.17 Development Issues. Borrower is aware of no identifiable issue(s)that would preclude
development of the Project or Borrower's obtaining sufficient financing for the construction or permanent
ownership of the Project within the time frames set forth on the Project Schedule.
2.18 Changed Circumstances. At all times during the Loan term, Borrower will promptly notify Lender
in writing if for any reason any of the foregoing representations or warranties becomes untrue in any material
respect, or if Borrower is unable for any reason to comply in any material respect with any of the foregoing
covenants.
2.19 Compliance with Laws and Use Restrictions. Borrower will comply with, or cause the Project to
comply with, all laws, ordinances, statutes, rules, regulations, orders, injunctions, or decrees of any government
agency or instrumentality applicable to Borrower, the Project, or the operation thereof, including (a) all
applicable health and safety, environmental, and zoning laws, (b) all requirements under Section 42 of the
Internal Revenue Code and the regulations promulgated thereunder, and (c) all restrictions on the use,
occupancy or operation of the Project otherwise required by Lender.
2.20. Other Obligations. Borrower will pay and discharge, before the same shall become delinquent,
all indebtedness, taxes, and other obligations for which it is liable or to which its income or property is subject
and all claims for labor and materials or supplies which, if unpaid, might become by law a lien (other than a
Permitted Exception) upon the collateral described in the Trust Deed, except any thereof whose validity or
amount is being contested in good faith by Borrower in appropriate proceedings. If Borrower fails to discharge
any such claim or lien, within 90 days after receipt of notice of same, Lender may, in its sole discretion and
without waiving the default, pay the same, which payment shall, at Lender's option, be added to the amount
outstanding under the Note.
2.21 Indemnity. Borrower shall indemnify and hold Lender, its employees and agents harmless from
and against any and all liabilities, claims, losses, damages, or expenses (including attorney fees and title costs
and expenses)which any of them may suffer or incur in connection with (a)the inaccuracy of any of the
representations and warranties made herein, (b) any transaction contemplated by this Loan Agreement or any
other Loan Document, and (c)the construction or operation of the Project, except to the extent such liabilities,
claims, losses, damages, or expenses arise solely from the gross negligence or willful misconduct of Lender.
2.22 Additional Payments; Additional Acts. From time to time, Borrower will execute and deliver all
such instruments, provide such additional information, and perform all such other acts as Lender may
reasonably request to carry out the transactions contemplated by the Loan Documents.
2.23 Transfer of Beneficial Interest.At all times during the term of this Loan Agreement and until all
amounts and obligations owing hereunder and under any other Loan Document shall have been paid and
performed in full, Borrower will not, directly or indirectly, without the prior written consent of Lender, sell or
transfer any beneficial interest in Borrower in violation of the terms of the Note, or change or permit a material
Page 5 Loan Agreement
change in Borrower's structure, except as permitted by the Trust Deed, or as contemplated in the formation of a
limited partnership for tax credit purposes.
3. LOAN GENERALLY
3.1 Lender Loan. On the terms and conditions of this Loan Agreement, Lender agrees to make an
acquisition loan to Borrower in the principal amount of$500,000.00 ("Loan Amount"). Unless otherwise
mutually agreed to by the parties, the Loan amount shall be delivered to Borrower at Closing. The Loan is
evidenced by and repayable with interest in accordance with this Loan Agreement and the Note and is secured
by the Trust Deed. All payments and prepayments of principal and interest on the Loan and all other amounts
payable hereunder or under the Trust Deed by Borrower to Lender shall be made to:
City of Tigard
Attn: Finance Director
13125 SW Hall Blvd.
Tigard, OR 97223
or at such other address as Lender may specify in writing.
4. CONDITIONS PRECEDENT TO FUNDING
Prior to disbursement of the Loan proceeds to Borrower at Closing, the following conditions must be
satisfied:
4.1 Title Policy. Receipt by Lender of advice from that it is ready,
able, and willing to issue to Lender a standard mortgagee's title insurance policy, in such form and with such
endorsements as may be required by Lender, insuring that the Deed of Trust is and will continue to be an
encumbrance against the Land, and securing a debt of$500,000.00, in such inferior lien position as Lender may
approve, except real property taxes and assessments not yet due.
4.2 Execution of Documents. Execution by Borrower and Lender of this Loan Agreement and all
other Loan Documents requiring Borrower's signature and, where appropriate, acknowledgment of the Loan
Documents.
4.3. Liability Insurance. Receipt by Lender of satisfactory evidence that Borrower has obtained
commercial general liability insurance coverage in a minimum amount of$1,000,000.00/per occurrence -
$2,000,000.00 aggregate.
4.4 [Reserved.]
4.5 Project Funding Sources. Receipt by Lender of evidence that Borrower has equity sufficient to
fully cover all acquisition fees and expenses and that any additional funding source is subordinate and
acceptable to Lender.
4.6 Lender Fees. Receipt by Lender of all expenses payable by Borrower.
Page 6 Loan Agreement
4.7 Appraisal. Receipt by Lender of an appraisal report on the Project Property in form and
substance acceptable to Lender.
4.8 Environmental Indemnity. Borrower will hold Lender and its directors, officers, employees,
agents, successors, and assigns harmless from, will indemnify them for, and will defend them against any and all
losses, damages, liens, costs, expenses, and liabilities directly or indirectly arising out of or attributable to any
violation of any Environmental law or the use, generation, manufacture, production, storage, release,
threatened release, discharge, disposal, or presence of a Hazardous Substance on, under, or about the Land,
including without limitation the costs of any required repair, cleanup, containment, or detoxification of the
Land, the preparation and implementation of any closure, remedial, or other required plans, attorney fees and
costs (including but not limited to those incurred in any proceeding and in any review or appeal), fees, penalties,
and fines.
a. For purposes of this section, "Environmental Law" means any federal, state, or local law,
statute, ordinance, or regulation pertaining to Hazardous Substances (as defined below), health, industrial
hygiene, or environmental conditions, including without limitation the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended (42 USC §§9601-9675), and the Resource
Conservation and Recovery Act of 1976 (RCRA), as amended (42 USC §§6901-6992k).
b. For purposes of this section, "Hazardous Substance" includes without limitation any material,
substance, or waste that is or becomes regulated or that is or becomes classified as hazardous, dangerous, or
toxic under any federal, state, or local statute, ordinance, rule, regulation, or law.
4.9 Organization Documents. Receipt by Lender of copies of Borrower's Organization Documents in
effect as of the date hereof.
4.10 Resolutions. Receipt by Lender of complete copies of resolutions of Borrower authorizing the
Loan contemplated herein and listing the individuals authorized to act on behalf of Borrower.
4.11 Tax-Exempt Status. Receipt by Lender of a determination letter from the Internal Revenue
Service, in full force and effect as of the date hereof, determining that Borrower or its sole member is a tax-
exempt organization under Section 501(c)(3) of the Internal Revenue Code.
4.12 Property Taxes. Evidence that any and all real estate taxes, special assessments, and liens that
are due and payable with respect to the Project Property at the time of funding shall be paid in full prior to any
disbursement of Loan proceeds, unless otherwise agreed in writing between Lender and Borrower.
5. ACQUISITION LOAN
5.1 Loan and Term. Lender agrees, on the terms and conditions of this Loan Agreement and upon
satisfaction of all conditions precedent, to disburse the Loan Amount to Borrower.
5.2 Repayment of Principal. Borrower shall repay the principal and any accrued interest to Lender
at the end of five years following the date of the Note, as may be extended according to the terms of the Note.
Page 7 Loan Agreement
5.3 Interest. During the five-year period, as provided by the Note, simple interest shall accrue at
the rate of two (2) percent per year on the outstanding balance of the Loan.Thereafter, amounts past due shall
bear interest at three (3) percent per year.
5.4 Disbursements.The proceeds of the Loan shall be disbursed at Closing and shall be used only as
partial payment for the Land.
5.5 Covenants of Borrower. Borrower covenants as follows with respect to the construction of the
Project, unless Lender has waived compliance in writing:
All funds disbursed hereunder shall be used by Borrower for the acquisition of the Land. Borrower shall
not lend or otherwise make available all or any part of the Loan proceeds to any person or entity
without the prior written consent of Lender.
6. [Reserved.]
7. AFFORDABLE HOUSING
7.1 Restrictions.The Project shall be subject to rental restrictions established by OHCS.
7.2 Loan Forgiveness. If Borrower enters into a construction contract for the construction of the
Project and enters into a Low-Income Housing Tax Credit Reservation and Extended Use Agreement with OHCS
affecting the Project, Lender will convert the Loan to a grant from the Lender to Borrower, in which event no
payment of interest or principal shall be required.
8. EVENTS OF DEFAULT
The occurrence of any one or more of the following shall be an event of default("Event of Default")
under this Loan Agreement and the other Loan Documents:
8.1 Failure to Disclose Material Facts. Borrower deliberately fails to disclose any fact material to the
making of any loan to Borrower, or upon discovery by Lender of any misrepresentation by, or on behalf of, or for
the benefit of Borrower.
8.2 Failure to Comply with Project Schedule. Borrower fails in any material respect, in the
reasonable determination of Lender, to comply with the Project Schedule, which failure is not caused in whole
or in part by any event within the Borrowers reasonable control, including without limitation failure to obtain
sufficient financing for the construction and/or permanent ownership of the Project within the time set forth in
the Project Schedule, and such failure is not remedied by Borrower within thirty(30) days after written notice
from Lender describing the non-compliance, or such longer period as may be required, to address a delay which
cannot be cured within 30 days, as long as borrower is diligently pursuing said cure. The Project Schedule may
be updated from time to time as agreed upon by Lender and Borrower.
Page 8 Loan Agreement
8.3 [Reserved.]
8.4 Non-Payment. Borrower fails to pay any installment of principal or interest on the Note or any
other sum due under the Loan Documents when due, subject to any applicable notice and cure period contained
in the Note or the other Loan Documents.
8.5 Non-Compliance with Governmental Regulations. Borrower fails to show evidence of full or
substantial compliance with any lawful, material requirement of any governmental authority having jurisdiction
over the Project or the Project Property within thirty days after notice in writing of such requirement is given to
Borrower by Lender or, if such compliance cannot be completed within such thirty(30)-day period through the
exercise of reasonable diligence, the failure by Borrower to commence the required compliance within such
thirty(30)-day period and thereafter to continue such compliance with diligence to completion.
8.6 Untruth of Representations and Warranties.Any representation or warranty of Borrower in any
of the Loan Documents, or in any certificate, agreement, instrument, or other document made or delivered
pursuant to or in connection with any of the Loan Documents proves to have been untrue or incorrect in any
material respect when made.
8.7 Seizure of Collateral.All or any material portion of the Project Property is lawfully condemned,
seized, or appropriated by any governmental agency.
8.8 Changed Financial Condition.There is a material adverse change in the financial condition of
Borrower from the financial condition of such entity or person as of the date hereof, and Borrower fails to
present evidence reasonably satisfactory to Lender that such condition has been remedied within thirty(30)
days after written notice by Lender to Borrower.
8.9 Bankruptcy and Related Matters. Borrower: (i)files a voluntary petition in bankruptcy, or such
petition is filed against such person or entity and is not dismissed within sixty(90) days after filing; (ii)files any
petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment,
liquidation, dissolution, or similar relief for itself under any present or future federal, state, or other statute, law,
or regulation relating to bankruptcy, insolvency, or other relief for debtors; or (iii) seeks or consents to or
acquiesces in the appointment of any trustee, receiver, or liquidator of Borrower or of ail or any part of the
Project or the Project Property, or of any or all of the royalties, revenues, rents, issues, or profits thereof, or
makes any general assignment for the benefit of creditors, or admits in writing its inability to pay its debts
generally as they become due.
8.10 Reorganization or Dissolution. A court of competent jurisdiction enters an order,judgment, or
decree approving a petition filed against Borrower seeking any reorganization, dissolution, or similar relief under
any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or
other relief for debtors, and such order,judgment, or decree remains in effect for an aggregate of sixty(60) days
(whether or not consecutive)from the first date of entry thereof, or any trustee, receiver, or liquidator of
Borrower or of all or any part of the Project or the Project Property, or of any or all of the royalties, revenues,
rents, issues, or profits thereof, is appointed without the consent or acquiescence of Borrower and such
appointment remains in effect for an aggregate of sixty(60) days (whether or not consecutive).
Page 9 Loan Agreement
8.11 Attachment. A writ of execution or attachment or any similar process is issued or levied against
all or any part of or interest in the Project or the Project Property, or any judgment involving monetary damages
is entered against Borrower that becomes a lien on the Project or the Project Property or any portion thereof or
interest therein, and such execution, attachment, or similar process or judgment is not released, bonded,
satisfied,vacated, or stayed within sixty(90) days after its entry or levy.
8.12 Transfer.Any transfer of all or any part of the Project or the Project Property without the prior
written consent of Lender, or any transfer of a majority ownership interest in Borrower without the prior written
consent of Lender, all as more particularly set forth in the Note, unless as contemplated in the creation of a
limited partnership for tax credit purposes.
8.13 Other Material Breach. Borrower otherwise materially breaches any term, covenant, condition,
provision, representation, or warranty of Borrower under this Loan Agreement or the other Loan Documents
and fails to cure such breach within thirty(30) days after notice in writing of such breach is given to Borrower by
Lender or, if such breach cannot be cured within such thirty(30)-day period through the exercise of reasonable
diligence, the failure by Borrower to commence the required cure within such thirty(30)-day period and
thereafter to continue such cure with diligence to completion.
9. RIGHTS AND REMEDIES ON DEFAULT
Upon the occurrence of an Event of Default and at any time thereafter, Lender may, at its option,
exercise any one or more of the following rights and remedies:
9.1 During Construction.
(a) Reserved.
(b) Lender shall have the right to suspend or terminate its obligation to make further disbursement of
Loan proceeds.
9.2 Acceleration. Lender may declare the entire remaining unpaid balance of principal and unpaid
accrued interest and other charges payable by Borrower pursuant to the Note or any other Loan Document, to
be immediately due and payable in full.
9.3 Foreclosure.Trustee, at Lender's direction, shall have the right to foreclose by notice and sale,
or Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with applicable
law. In any judicial foreclosure, Lender shall be entitled to obtain a deficiency judgment(subject to any
applicable nonrecourse provisions in the Note)for any amount by which the amount of the obligations secured
hereby exceeds the sale proceeds.
9.4 Action under Note. Lender shall have the right, at its sole option, to waive its rights under the
Trust Deed and pursue an independent action upon the Note, unless the Note is nonrecourse by its express
terms.The Note,Trust Deed, and other Loan Documents are separate and distinct instruments separately or
collectively enforceable in accordance with their terms.
Page 10 Loan Agreement
9.5 Additional Rights and Remedies. Trustee and Lender shall have any other right or remedy
provided in the Trust Deed, the Note, the Loan Documents, or any other instrument delivered by Borrower in
connection therewith, or available at law, in equity, or otherwise in such order and manner as it may select.
9.6 Uniform Commercial Code. With respect to the collateral identified in the Trust Deed, Lender
shall have all rights and remedies of a subordinate lender under the Oregon Uniform Commercial Code, as
amended from time to time. Lender shall give Borrower reasonable notice of the time and place of any public
sale of any personal property or of the time after which any private sale or any other intended disposition of
personal property collateral is to be made. Reasonable notice shall mean notice given at least ten (10) days
before the time of the sale or disposition.
9.7 Exercising Rights and Remedies. In exercising its rights and remedies, Lender may, subject to
the terms of the Primary Lender's loan documents, cause all or any part of the Project Property to be sold as a
whole or in parcels, and certain portions of the Project Property may be sold without selling other portions.
Lender may bid at any public sale on all or any portion of the Property. A waiver by either party of a breach of a
provision of the Trust Deed shall not constitute a waiver of or prejudice the party's right otherwise to demand
strict compliance with that provision or any other provision. An election by Lender to pursue any remedy shall
not exclude pursuit of any other remedy, and all remedies of Lender under the Trust Deed are cumulative and
not exclusive. An election to make expenditures or take action to perform an obligation of Borrower shall not
affect Lender's right to declare a default and exercise its remedies under the Trust Deed.
9.8 Foreclosure of Lessee's Rights-Subordination. Lender shall have the right, at its option,to
foreclosure the Trust Deed subject to the rights of any lessee(s) of the Project Property. Lender's failure to
foreclose against any lessee shall not be asserted as a claim against Lender or as a defense against any claim by
Lender in any action or proceeding. Lender, at any time, may subordinate the Trust Deed to any or all of the
lessees, except that Lender shall retain its priority claim to any condemnation or insurance proceeds.
9.9 Repairs during Redemption. In the event of a judicial foreclosure, the purchaser during any
redemption period may make such repairs and alterations to the Project Property as may be reasonably
necessary for the proper operation, care, preservation, protection and insuring of the Project Property. Any
sums so paid,together with interest from the date of the expenditure at the rate provided in the judgment shall
be added to the amount required to be paid for redemption of the Project Property.
9.10 Foreclosure Proceedings. In the event of any judicial or nonjudicial foreclosure sale, Lender in its
discretion may use a single notice covering both real estate and personal property, designate the order of sale,
and may elect to sell the real estate and personal property as an integrated unit or separately. Any person
permitted by law to do so may purchase at any sale.
9.11 Proceeds of Sale. Subject to the provisions of applicable law, the proceeds of any sale under the
Trust Deed will be applied first to payment of costs and expenses, then to payment of security protection
advances, then to payment of the other secured obligations (which includes any applicable prepayment
premium or fee) in any order that Lender chooses, and then to any other person or persons who may establish
to the satisfaction of Lender that they are legally entitled to it.
Page 11 Loan Agreement
9.12 Borrower's Waiver of Rights upon Sale. Borrower waives all rights to direct the order or
combinations in which any of the collateral will be sold, and also any right to have any of the collateral
marshaled upon any sale. Borrower acknowledges that there is no fiduciary relationship between Borrower and
Trustee or between Borrower and Lender.
9.13 Interest on Default. Upon the occurrence of any Event of Default, interest under the Note shall
accrue interest on the unpaid principal balance from the date of the Event of Default, or if the Event of Default is
a payment default,from the date the first unpaid payment was due, at a rate (the "Default Rate") of six(6)
percent per annum. If the unpaid principal balance and all accrued interest are not paid in full on the Maturity
Date (as such term is defined in the Note), the unpaid principal balance and all accrued interest shall bear
interest from the Maturity Date at the Default Rate.
9.14 Rights and Remedies Cumulative.All rights and remedies described in this Section 9 are
cumulative and in addition to any other remedy Lender may have by agreement, at law, or in equity. Partial
exercise of any right or remedy shall not limit or restrict Lender's subsequent exercise of such right or remedy
nor shall it restrict Lender's contemporaneous or subsequent exercise of any other right or remedy.
9.15 No Waiver. No failure or delay of Lender in exercising any right hereunder shall operate as a
waiver of that right or any other right. No modification or waiver of any provision of the Trust Deed or any other
Loan Document shall be effective unless in writing, and then only in specific instance and for the purpose given.
No notice or demand on Borrower shall entitle Borrower to any other notice or demand in other similar
circumstances.
9.16 Payment of Costs of Collection. In case of a default, or in case litigation is commenced to
enforce or construe any term of the Trust Deed, the Note, or any other Loan Document, the losing party will pay
to the prevailing party such amounts as shall be sufficient to cover the cost and expense of collection or
enforcement, including, without limitation, reasonable attorney fees and costs prior to and at any arbitration
proceeding or at trial, on appeal, or in any bankruptcy proceeding.
10. ASSET AND PROPERTY MANAGEMENT
Borrower will cause the Project to provide affordable housing in the City. Borrower's obligations
described in this section shall remain in effect for the term of this Loan Agreement.This provision shall survive
any prepayment or forgiveness of the Loan Amount.
11. MISCELLANEOUS
11.1 Recourse Provision. The obligations under the Note, including obligations secured by the Trust
Deed, are with recourse to the Borrower.
11.2 Counterparts. This Loan Agreement may be executed in any number of counterparts, and any
single counterpart or set of counterparts signed, in either case, by all the parties hereto shall constitute a full
and original instrument, but all of which shall together constitute one and the same instrument.
Page 12 Loan Agreement
11.3 Survival. All agreements, representations, and warranties shall survive the execution and
delivery of this Loan Agreement, any investigation at any time made by Lender or on its behalf, the making of
the Loan, and the delivery of the Note.
11.4 Notice. Any notice required or permitted under this Loan Agreement shall be in writing and
shall be deemed effective; (1)when actually delivered in person, (2) one business day after deposit with a
commercial courier service for"next day" delivery, (3)two business days after having been deposited in the
United States mail as certified or registered mail, or(4)when transmitted by facsimile answer back or receipt
confirmed), addressed to the parties as follows:
If to Borrower:
Community Partners for Affordable Housing
6380 SW Capitol Hwy
Portland, OR 97239
If to Lender:
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
with a copy to:
City Attorney
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
11.5 Successors and Assigns.This Loan Agreement shall be binding upon and shall inure to the
benefit of the parties and their respective permitted successors and assigns.
11.6 Governing Law.This Loan Agreement and the other Loan Documents shall be governed by and
construed under Oregon law.
11.7 Assignment. Borrower may not assign this Loan Agreement without the prior written consent of
Lender.
11.8 Modification; Prior Loan Agreements; Headings.This Loan Agreement may not be modified or
amended except by an instrument in writing signed by Borrower and Lender.This Loan Agreement,taken
together with the other Loan Documents, reflects and sets forth the entire agreement and understanding of the
parties with respect to the subject matter hereof, and supersede all prior agreements and understandings
Page 13 Loan Agreement
relating to such subject matter.The headings in this Loan Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms hereof.
11.9 Validity;Severability. If any provision of this Loan Agreement is held to be invalid, such event
shall not affect, in any respect whatsoever, the validity of the remainder of this Loan Agreement, and the
remainder shall be construed without the invalid provision so as to carry out the intent of the parties to the
extent possible without the invalid provision.
11.10 Exhibits.Any exhibits attached to this Loan Agreement and referred to herein are incorporated
in this Loan Agreement as if they were fully set forth in the text hereof.
11.11 Time of Essence.Time is of the essence of this Loan Agreement and each of the Loan
Documents.
IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be executed by their duly
authorized representatives as of the date first above written.
Executed in multiple counterparts as of the day and year first above written.
TOWN CENTER DEVELOPMENT AGENCY,
an ORS 457 Urban Renewal Agency,
By: Steve Rymer, Executive Director of the Town Center Development Agency of the City of Tigard
Signed:
APPROVED AS TO FORM:
By:
Shelby Rihala, City Attorney
By:
Signed:
Page 14 Loan Agreement
List of Exhibits
Exhibit A Legal Description of Property
Exhibit B Project Operating Budget
Exhibit C Project Schedule
Exhibit D Proposed Site Plan
Exhibit E Sources and Uses of Funding Budget
Page 15 Loan Agreement
Exhibit A
(to be inserted)
Exhibit B
Expected Operating Budget
Income
#Bedroom #Bathroom Approx sq ft AMI Rent Actual rent Utility Allow Rent #of unit Total rent
0 1 500 60.00%, $ 967 $ 40 $ 927 X 12 3 $ 33,379
1 1' 600 60.00%,$ 1,036 $ 50 $ 986 r X 12 3 $ 35,482
2 1 800 60.00% $ 1,243 $ 60 $1,183'X 12 11 $156,182
3 1.5, 1100 60.00% $ 1,436 $ 70 $1,366 ,X 12 1.7 $278,746
4 2 1400 60.00% $ 1,603'$ 80 $1,523"X 12 4 $ 73,114
0 1 400 30.00% $ 484 $ 40 $ 444 X 12 1 $ 5,323
1 1' 600 30.00% $ 518 $ 50 $ 468 r X 12 1 $ 5,614
2 1 800 30.00% $ 622 $ 60 $ 562 X 12 1 $ 6,739
3 1.5. 1000 30.00% $ 718 $ 70 $ 648 ,X 12 1 $ 7,778
4 2 1200 30.00% $ 802 $ 80 $ 722 X 12 0 $
Total 42 $602,357
Vacancy 7% $560,192
Expenses
Annual Operating Expenses Total
Insurance $ 22,000
Utilities:(common areas)
Gas/Oil $ 5,000
Electric $ 10,000
Water&Sewer $ 35,000
Garbage Removal $ 16,000
Cable TV
$ „
Repairs&Maintenance $ 26,000
Landscape Maintenance $ 15,000
Replacement Reserve $ 16,800
Property Management:
On-site
$ 45,000
Contracted(Off-Site) $ 36,141
Professional Services:
Resident Services $ 30,000
Case Management $ -
Legal $ 1,000
Accounting $ 10,000
LIHTC Compliance($40/unit) $ 1,680
Non LIHTC Monitoring($25/u $ -
Bond Compliance($10/unit) $ 420
Office&Administration $ -
Advertising/Marketing&Promotion $ 500
Unit Turnover $ -
OAHTC Annual Fee(5%of annual credit) $ -
PBS/PSH Unit Services $ - -
Taxes(non-real estate) $ -
Real Estate Taxes. $
Elevator Maintenance $ 2,000
Payroll Taxes $ -
Internet Connection Fee r $ 1,200
Other:(List below)
$ _,
Total Annual Operating Expenses: $273,741
Net Operating Income $286,450
Total Debt Service
Loan Amount $ 3,800,000'
Interest Rate 4.75%
Annual Payment $ 237,871
Cash flow after debt $ 48,579
Exhibit C
Timeline and Milestone Goals*
Execute Purchase and Sale Agreement— April 2021
Submit application for 9% LIHTC - April 30th, 2021
Funding Announcement August 2021
Schematic Design Kickoff September 2021
Design Development begins November 2021
Construction Documents January 2022
Permitting June 2022
Bidding May 2022
Construction Begins October 2022
Construction Completion October 2022
Certificate of Occupancy December 2022
Lease up complete April 2023
Perm Loan Conversion July 2023
*This assumes that tax credits will be awarded in 2021. If tax credits are not awarded, the expected
timeline will shift by approximately one year so that the project can reapply for tax credits until the
project receives a tax credit reservation.
Exhibit D
Proposed Site plan
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Forecast Sources and Uses for construction budget
Sources
9% LIHTC $13,498,650
GHAP $400,000
Bond $1,350,000
TIFF $500,000
Perm Debt $3,800,000
Deferred Fee $1,014,677
total $20,563,327
Uses
Acquisition $ 750,000
Construction $13,605,393
Contingency $ 604,733
Soft costs $ 3,353,201
Developer Fee ' $ 2,250,000
$20,563,327
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AIS-4603 8.
Business Meeting
Meeting Date: 04/27/2021
Length (in minutes): 30 Minutes
Agenda Title: Receive Update on River Terrace 2.0 Concept Plan and Housing
Needs Analysis
Prepared For: Schuyler Warren, Community Development
Submitted By: Schuyler Warren, Community Development
Item Type: Update, Discussion, Direct Staff Meeting Type: Council
Business
Meeting -
Main
Public Hearing: No Publication Date:
Information
ISSUE
Provide Council with an update on project status for River Terrace 2.0 Concept Planning and
completion of the city's updated Housing Needs Analysis.
STAFF RECOMMENDATION / ACTION REQUEST
This item is a project update. No specific guidance or direction is sought. The update provides
a timeline of upcoming meetings with information for Council about upcoming council
actions.
KEY FACTS AND INFORMATION SUMMARY
Project Purpose
The River Terrace 2.0 project will deliver a Concept Plan for River Terrace West and South,
and two urban reserve areas also known as Roy Rogers West and East. This concept plan will
be compliant with Metro Title 11 requirements in support of an application for expansion of
the Urban Growth Boundary in fall 2021. Working with the community advisory committee
and other stakeholders, the project team developed several early public-facing work products:
a project focus statement, a project vision statement, project guiding principles, and three
concept alternatives that were guided by these collaboratively generated guiding principles.
From these concept alternatives, a preferred alternative was chosen to be developed as the
basis of the Concept Plan.
The Housing Needs Analysis update is a corollary project that provides a look at the city's
housing and land supply as well as its projected need and makes recommendations to address
the need. An updated Housing Needs Analysis is a criterion for UGB expansion.
Project Status
Both projects are nearing completion. The Housing Needs Analysis is undergoing final edits
and will be prepared for Council adoption next month. A recommendation to adopt the
Housing Needs Analysis was forwarded by the Planning Commission on April 19. The
Concept Plan report and its associated appendices have been largely completed and were
presented to the Planning Commission on the same night.
Process
There are two separate processes for these projects. As an amendment to the city's
Comprehensive Plan, the Housing Needs Analysis (HNA) update is subject to legislative
procedures and noticing requirements. Council will take action to adopt the HNA by
Ordinance.
The River Terrace concept plan is not subject to legislative process. The city cannot plan for
areas outside its urban growth boundary, so the concept plan is not a binding comprehensive
plan document, nor is it a land use procedure. Instead, a concept plan is a high level vision
document intended to demonstrate that the city has adequately considered all factors to
ensure that the area can develop in line with the goals and standards of Metro's urban growth
management functional plan, and by extension, the statewide planning goals.
Council will take action to direct staff to prepare an application for UGB action to Metro
based on the concept plan itself. The land use decision will be made by Metro Council, which
will determine if the city's concept plan and application meet the criteria in the Urban Growth
Management Functional Plan.
Timeline
•Metro Council approved extension 4/15
•Planning Commission forwarded recommendation to adopt HNA 4/19
•Planning Commission received final Concept Plan briefing 4/19
• Council will consider adoption of HNA 5/25
•Staff requesting Council direction on UGB application on 6/8
•Staff will prepare application over summer
•Tentative date for submittal to Metro in September
•Deadline for submittal is 12/13/21
•Metro must take action by 12/13/22
OTHER ALTERNATIVES
COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS
Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner
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.
•Prepare a concept plan for West River Terrace.
The city will direct all work under this goal, which is contingent on:
•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.
•The continuation of existing city plans and projects such that they are neither slowed nor
disrupted by River Terrace planning.
•The inclusion of equitable development principles in River Terrace planning.
DATES OF PREVIOUS COUNCIL CONSIDERATION
3/3/20 - Acceptance of Metro 2040 Planning grant to fund concept planning for River
Terrace 2.0
9/15/20 - Briefing on River Terrace 2.0
2/2/21 - Briefing on River Terrace 2.0 Concept Alternatives
Attachments
Presentation
, : ,_ City of Tigard
:,- IN ..,
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TIGARD
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Una vecindad para todos
City Council
Project Update
April27, 2021
What is a Concept Plan?
We are ■
i(g
here! III . ®
i!i
ntIdeas and Goals Concept Plan Community Plan . , -= opment.
We are beginning to collect The Concept Plan will outline A community plan will further
community ideas for River a broad vision for the area. It refine the vision developed
Terrace 2.0, which will inform is the first step in the process with the Concept Plan and
the Concept Plan. for eventual development. will provide more specific
proposals for future land uses
*fr-1-
and developments.
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2
Project Status
• Concept Plan and Report Complete
• Technical Analyses Complete
• Community Engagement Largely Complete
• Housing Needs Analysis Complete
Planning Commission
• Planning Commission met 4/19
• Voted to forward recommendation to adopt HNA
• Received final RT2 .0 concept plan briefing
4
Housing Needs Analysis
• Critical precursor to UGB expansion
• Metro UGMFP Title 11 criterion
• Legislative amendment to Comprehensive Plan Goal 10
• Updates buildable lands inventory and housing needs
projection
• Includes some text edits to Chapter 10 of Comp Plan
• Council consideration May 25
5
Concept Plan
• Not a legislative land use process — does not amend
Comprehensive Plan
• No formal action required to adopt or accept
• Metro UGMFP Title 11 criterion
• Final briefing to Council scheduled for June 8
6
UGB Expansion Process
• Legislative land use action
• Approval authority is Metro Council
• City is applicant
• Approval criteria presented in Title 14
• Concept plan must address standards in Title 11
UGB Expansion Application
• Metro Council approved extension 4/15
• Staff requesting Council direction on application on 6/8
• Staff will prepare application over summer
• Tentative date for submittal to Metro in September
• Deadline for submittal is 12/13/21
• Metro must take action by 12/13/22
8
Application Mid-cycle Options
• Staff developing analysis of options for Council
consideration June 8
• Concept plan is for whole area; application options
only affect timing
• Option 1 — Apply to add RT South now, RT West later
• Option 2 — Apply to all add reserves now
• Option 3 — Apply to add RT South and portion of West
now, remainder later
9
Timeline Summary
• May 25 — Council considers adoption of HNA
• June 8 — Council receives final Concept Plan briefing
• June 8 — Council provides staff guidance on application
• September — submit expansion application to Metro
10
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