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TCDA Packet - 04/27/2021 " City of Tigard Tigard Business Meeting —Agenda c 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.tio_ard-or.o_ov/city_hall/council_meetin�_Y.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. " City of Tigard Tigard Business Meeting —Agenda c 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 (ICDA) 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 •ConsentA�zenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Councill 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 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. i 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 .. LAW. . . ✓ Y S� Metro . -n -low . WW Al . .T• , •�e. °��=rte+. - (..,r/�� :.v. �';,�;� '• -. " .� ' '•H `r. �! � `� 7.��•. ire �j. a '�•' ;§•� •t� , '.may�" � •�� Af VFJsy i .. "may+•.. ` .,. r4,r�� ,� y� .r � � i,n� + �� .. �� r - .ate _ --� '� I �• - — - s - `t Metro Update Spring 2021 What Metro does • - • • • • • ' •e L ' I LIP` 1 r i T r L or 41 � - �t7 • Oregon Zoo • The Oregon Zoo features our 6-acre elephant - - lands habitat • We've welcomed home Nora to the new Polar +r" Passage t • A national leader in - condor conservation ;;i Portland' S Centers for the Arts 0 Tc pill Aw u_ W+ —nil— ' �•WN '. . R T o'— • Expo Center hosted Red �} - Cross staging during the wildfires • Oregon Convention : Center was an emergency shelter for fire evacuees • Both Expo and OCC hosted COVID-19 testing ,. • OCC now hosts COVI D- 19 vaccination :;: , Garbage and rec cliprecycling t • • • . • 4. Long range g I . . . • • • IBM- '®?►•1 1:�L i J� r� `� J � -vi VA ! � df4 • • • ' jr ,r Or 1 OF • Investing in working families ti • Support for vulnerable ' businesses • Ensuring justice and . R dignity for workers _ • Our economy will M recover { Affordable Housing Vancouver • Delivering on the Camas promises of the November 2018 housing bond ► --a Hillsboro Portland • 34% of resources - Gresham committed • 54% of goals met Ti 1 CL CKA 1 J 1 1 P Supportive Housing • - • • _ � ti .may'y i - "x• � ` Morro Parks and Nature • Protecting more than --- 1 17,000 acres of open space around greater4 -- 4' .w Portland74 • Places we love like Canemah Bluff, r; - Scouter's Mountain and Graham Oaks Newell Creek Canyon Nature Park opening ... soon :. K Your questions Lynn Peterson Metro Council President Lynn . Peterson@oregonmetro.gov pq -0 E] 195 1:1 www.oregonmetro.gov/connect Arts and conference centers Garbage and recycling Metro band and transportation oregonmetro.gov Oregon Zoo Parks and nature 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 r r City of Tigard www.tigard-or.gov r T I GARD 2021 -2023 City Council Goals RevisedDraft April 22,2021 i 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. www.www.tigard-or.gov Table of Contents r 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 La France, 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 Vision + Y .� +,$.�; .: tri-• fii ,�dd,r; �, � ,., � Strategic Goals Alk3, ' y 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 G I n/ OF a p � o �IC� NINLl DUDN DAcL,�2 1-1 CqAP-p AN - �o�M vN ry -FF�A-T- t ,5 w� , p v , QM D GCL� 06CM6MML D p D D�C�OCN D o Ju � 0 0 1 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. Progress on prior council The City's continual and COVID response- Expanded operations to Management of Covid- oals In all areas; careful management of our continued coordination with g Completion of city accommodate photo related efforts n very prcud es downtown,Triangle,River ckeep-COVID response to help departmentsironet provide a s keep our teammates and safe environment for onsite hall remodel. enforcement speed of our Emergency Service Terrace,Washington Square, unity safe staff 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 result of COVID pressures.W. pandemic,our community Tyler Enterprise CARES small hearings by phone and Selection of Tyler EAM continued cultivation l believe what business rant has started due to need will outreachutmnsparing this time and Resource Planning g virtually. for our maintenance grow as our tra nsparency work after program we have strengthened the George Floyd System management software technology skills of our teams during replacement. thistime Tigard Public Library has Updated Tigard continuetl to serve our Municipal Code and Organized Citywide munirythroughoutthe Public Contracting Clarity,shared Successful passage of the Grant Committee cCOVID-19 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 n all on the same side!) engagement during COVID Provide Business Project&River Terrace new Recreation Program billing pp Coordinator Provide utility 9 License application z.o customer assistance in multiple languages Developed partnership in multiple languages We appreciate the Began to track M/W/ with local or tions team!Thank you for ganiza Eliminated fees that D/DSV/ESB with focus on minority, 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 solutions for internal done to elevate our Safety Advisory teams amid andemlC The entire scope of everything community engagement Board P that has been done as city-so Participated in Tigard many moving pare:while efforts. RAFT funding staying m touch with the process communnv We've done a lotl 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 Challenges » 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. City of Tigard zo OTtr6 �y THP-OU�a♦-� T 0 o NNv I�-ONI EN -M'LDN�✓I D��U� CqoA-LC�7 o NCuN ONA\/ P�O�T '`gyp - T�kc QA�p NIS �na�8� fi "U(JNv N coo pl 4- F-�C�IDN/acL E3a ° 0 o � 0 a vCl-LoKA k,\� , vr Bo t,D a o D a o F—UNPIN IAN +- L.K;T- ��c-"n V E 5��v i c.r✓ D�LIV��Y MODEL 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 Sponsor Steve Rymer,City Manager 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 Sponsor Steve Rymer,City Manager 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 �g> r" k - Weare responsible for engaging more important than our intent. and communicating with our 0000 We hold ourselves and our team and our community. We GOALS 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 TEAM ONE team. PREPARED We are open to learning, 1/ We are open to hearing all • growing and exploring options perspectives as well as CURIOUSBE 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 a u S%L to qr 0 13125 SW Hall Blvd. Tigard, OR 97223 www.tigard-or.gov Prepared by: www.sarasingerwilson.com City Council Goals 2021 to 2023 a I CITY OF � Tigard City Council Presentation April 27, 2021 4!wag 1 I Aligning Council Goals with the Strategic Plan 3 PRIORITIES • A T E G I C THAT SUPPORT OUR VISION Set the standard for excellence in public service and customer Tigard: + equitable experience. communityCreate a well-connected, attractive, and accessible pedestrian network. walkable, • accessible for • Ensure development and growth support the vision. Tigard Aligning Council Goals with the Strategic Plan A two-day virtual workshop was held in March. During the workshop, the Council & Leadership Team: • Recognized the accomplishments of the previous year. ' • Established a shared understanding of the current community :6.� ;.. + context. • Developed a list of goals in alignment with the City's Strategic Plan. em 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 WE 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' 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. O EXCELLENCE WE will set high standards and strive to exceed community expectations. Tigard 2021 to 2023 City Council Goals bit- COW-PI N!� fi �C�t pNfkL u � © QO O OQ CITY OF ---- ----------------- -� : • Tigard 2021 to 2023 City Council Goals d `✓t J� M� Fl/ ° p ��NDI�► ISN t- L1xT • CITY OF Tigard Team Agreement • Identifies how the Council will work together in alignment with their Ground GOALS THAT BE CURIOUS CREATE + BE Rules. • Each newly elected Council should develop an agreement to honor their individual strengths and communication styles. WE ARE ENGAGE+ COMMUNICATEONE • The purpose of this agreement is to guide ; . PERSPECTIVES' the team in working together, build trust, ARE VALUED A and facilitate open communication and accountability. CITY OF OU-41- Tigard i Questions? b s� ,M-ki * ' CITY OF Tigard 1 t j AIS-4606 7. 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 Project 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 12021. 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 63603 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 S 1 1 600 60.00%'$ 1,036 $ 50 $ 986 X 12 31..$ 35,482 21 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- 17 $278,746 4 2 1400 60.00% $ 1,603 $ 80 $1,523 X 12 4 $ 73,114 01 1 400 30.00% $ 484 $ 40 $ 444 X 12 1 $ 5,323 1 12 600 30.00% $ 518 j$ 50 $ 468 X 12 1:$ 5,614 2 1 800 30.00% $ 622 $ 60 $ 562 X 12 1'$ 6,739 31 1.5i 1000'. 30.00%';.$ 718 $ 70 $ 648 ;X 12 11$ 7,778 4 2 1200 30.00%.$ 802 :$ 80 $ 722 X 12 0;$ Total 42 $602,357 _ iVacancy _ 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 $ rtising/Marketing&Promotion $ 500 Unit Turnover._. S,... 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 $ 1,200 Other:(list below) TotalAnnual 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 4 4 4 4 4 4 4 4 Y � � �Y �n i a �r .imi Exhibit E 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 f q,, Wf• -`�� F1'� " A��i'iY��" �� 'rte' �1 • .'.• t, • �1 s IL 46 Af 40y lk JUL �� r • ' .. • i r 7 ti Ll I li'l I I I I I I i Id r mr-w tt i•rm mr 41= # - � I %P& - = 00 0 1 r de I � i �wal 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 Mver Terrace 200 L- r A Neighborhood for Everyone Una vecindad para . . . City Council Project Update Apri127, 2021 What is a Concept Plan? We are here! A— '11 - Ideas and Goals Concept Plan Community Plan - - - We are beginning to collect The Concept Plan will outline R 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 and developments. 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 Ar r ` ThankYou -xx ragas : ..t. .t �r�1_.� . -' ■i�� �"� "fes r/ � '�� "I "='1`'r\�• '/'� • Schuyler Warren r R� schuVIerw@tigard-or.gov 503.718.2437 �x� ~• '�~• '` •� ,r. tom_ y {; is �.