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City Council Packet - 04/02/2024 71 • City of Tigard Ti and Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND APRIL 2,2024- 6:30 p.m. Business Meeting- Revised: Executive Session was TIME: added (Item No. 9) MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223-See PUBLIC NOTICE below PUBLIC NOTICE: In accordance with Oregon House Bill 2560,this will be a hybrid meeting where some Council, staff or public will participate in person and some will participate remotely. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments by noon the day before the meeting date. •If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and come to the microphone when your name is called. •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 two minutes. •You may comment by video through the Teams app. Go to this link to learn how to participate by video: April 2, 2024 Council Meeting (https://www.tigard_or.gov/Home/Components/Calendar/Event/5723/372). Upon request,the City will endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE:https://www.tigard-or.gov/boxcast CABLE VIEWERS:The City Council meeting will be shown live on Channel 21 (1st Tuesdays) and Channel 28 (2nd& 4th Tuesdays) at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m. " City of Tigard • • Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND APRIL 2,2024- 6:30 p.m. Business Meeting- Revised: Executive Session was TIME: added(Item No. 9) MEETING LOCATION: Hybrid-City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 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. PROCLAMATIONS AND RECOGNITION 6:35 p.m. estimated time A. PROCLAIM APRIL AS ARBOR MONTH B. PROCLAIM APRIL 30,2024 AS VIETNAMESE AMERICAN REMEMBRANCE DAY C. PROCLAIM APRIL 2024 AS PARKINSON'S AWARENESS MONTH 3. PUBLIC COMMENT 6:50 p.m. estimated time A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—In Person D. Public Comment—Phone-In E. Public Comment—Video 4. CITY MANAGER REPORT 7:00 p.m. estimated time 5. CONSENT AGENDA: (Tigard City Council)The Consent Agenda is used for routine items including approval of meeting minutes,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. 7:05 p.m. estimated time A. CONSIDER 2024 NON-PROFIT AFFORDABLE HOUSING TAX EXEMPTION APPLICATIONS • Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 6. CLIMATE CHANGE AND HEALTH IMPACTS IN WASHINGTON COUNTY INCLUDING TIGARD 7:10 p.m. estimated time 7. AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.84 REGARDING FIREWORK PROHIBITION 7:35 p.m. estimated time 8. NON-AGENDA ITEMS 9. EXECUTIVE SESSION:The Tigard City Council 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. 7:40 p.m. estimated time 10. ADJOURNMENT 8:00 p.m. estimated time AIS-5469 2.A. Business Meeting Meeting Date: 04/02/2024 Length (in minutes): 5 Minutes Agenda Title: Proclaim April as Arbor Month Authored By: Carol Krager Presented By: Mayor Lueb Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Arbor Month in Tigard is both a celebration and an educational opportunity,highlighting the important role trees have in our urban forest. The City has a Tree City USA designation, and in order to maintain that status, they must make a proclamation each year to celebrate Arbor Month. ACTION REQUESTED City teammates would like Mayor Lueb to issue a proclamation for Arbor Month in support of our Tree City USA mission and the many Park&Recreation and educational partnerships we offer in support of the urban canopy. BACKGROUND INFORMATION In Oregon, the first week of April is known as Oregon Arbor Week. In Tigard, the City Council encourages community members to celebrate trees during the entire month of April. An Arbor Day observance and proclamation are one of four standards established by the National Arbor Day Foundation to qualify for Tree City USA. Tigard has received this recognition annually since 2001 and continues its proud history of commitment to preserving, enhancing, and maintaining its urban forest. The city's trees provide an important background for life in Tigard and helps work towards Council's goal of reducing impacts on climate. Public Involvement Tigard Parks and Recreation is hosting an Earth Day Arbor Day Celebration at Bonita Park on Saturday, April 27. Each attendee will get to take home a tree to plant. ALTERNATIVES & RECOMMENDATION Mayor Lueb could choose not to issue the proclamation. The result would be a loss of Tree City USA designation. ADDITIONAL RESOURCES N/A Attachments Arbor Month Proclamation -----77--7-11i.. -4 :`, ( ,r, •! a ;fa'KZ,wt�1' i -{L+:t .,�' i rxa3-: t�s,` Y" €�s ?E 4 !:C;�'hM fi' a 'F:�a enb 000a �f7 �s 3..y-. ,� 7 icy du t: xKe �,� s ;�z� T 'k' Pit rg4;5 o, ,),, �,n �y�)t h,:,,,:1-.:::,;.:-.-%;-.7.11.-:g rfi i 7 , l Altai' .yrs �'�' 2 .x Ta::,._:,: :■ow0ll'IMMonusop®flva00000Aaeaey-000 oaooaooe0000meeoo daa0000000seae0000n000000 u0000aERe0000aoeeoaoeoanoeo3000 ;i ,ti I` ykrvx}a� '" AV " '440 .;.:7': -.fa( ass° �.r, x ..,.. 5 4 I- • i...0.,. r, . ... .. ,V f" <,.,)c/1/ / /" / / /` / /rr4rrion °" ' E I `� City of Tigard y I ` Nt.:,,. r�� 7 ,_: ARBOR MONTH r , s 1,4 im April 2024 .i k WHEREAS, In 1872, Arbor Day, a special day set aside for the planting of trees, was first ,'-_. T celebrated in Nebraska; and !` '-'1=4..:ktt 7, 3-tWHEREAS, Tigard's urban forest is part of a larger ecology that spans from mountains to tip ':' ocean and is integral to our region's environmental quality; and FR.FIP=, I 4 r llg4�µ � 4 WHEREAS, our urban forest includes a diversity of public and private trees that grace our e streets, yards, parks and greenways, provide habitat for wildlife, soften hardscapes, clean the ' ,r`,. .n air, protect water resources, and ensure that everyone can experience natural beauty where we P.2! q ,„,e,., live, work and play; and � N.' i ,3, WHEREAS, the City of Tigard recognizes that our urban forest is a necessity and is an integral ,: tom °' = II $, ; part of the city's infrastructure; and WHEREAS, we are committed to providing resources to maintain and enhance the urban 1 � forest; and WHEREAS, people of all ages and background, including citizens, civic organizations, I�z -- .4'' ; businesses, and government agencies, have formed partnerships to participate actively in the of,- ;1 1,iii t a„.' i �,,, t� ,I w stewardship and caretaking of Tigard's urban forest. ' - . . . , ..t„.....„,= NOW THEREFORE BE IT RESOLVED, I, Mayor Heidi Lueb of the City of Tigard, Oregon 7 ' f do hereby proclaim the entire month of April 2024 as, a ARBOR MONTH _� , � P0a r , atm ; �� r g in Tigard, Oregon and encourage people throughout the city to become more involved with �: W::-"i•S . !:-..,,v--,-.,. 5the planting and stewardship of the urban forest throughout 2024. x ,..,...„ . ,-.-wz eit.-', € Dated this 2nd day of April 2024 may s �Sce .,a ,, 4141'.: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of ZrY Tigard to be affixed. ��1 Heidi Lueb, Mayor _ ; � City of Tigard , , ° �' �(�S� Attest: iiire ` I '� Q I 4 > . Jesse B. Raymundo, Deputy City Recorder s { `. o �f x'� I '7 o I V. n: s �r4 C ouoioyiceo®ua�ouhyavo51EMOU�aa aoyaaoaWW.Gidan00000aosoadgoo!noPeonono®,ay,o®0000aoo��o0000aaur000avae00000raaoanrroa ayou, S 'a'� y ra �:-r.d� ic '..��”" ^w� � 4 i.`,w ,w, ti -, a -7 e / %�3 E Ei :i M gent. t ',. n�,t s� € x?44i a) l y y.m .,g 'i �:'sxe 4,. r 4 x,+ S 'fest ��" AAs 3 x*' ;3. s L' [a -3 .ys �f ii: ctv. -r'"4 a .r ,:';"' ih. iiiiih iitiH1�a}'''Igi :iiiiir ; '. ayd#y= Oithiite: .'ls I nisi_:� 't. ' . . ' t 3-��" rd, AIS-5471 2. B. Business Meeting Meeting Date: 04/02/2024 Length (in minutes): 5 Minutes Agenda Title: Proclaim April 30, 2024 as Vietnamese American Remembrance Day Authored By: Carol Krager Presented By: Mayor Lueb Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE On February 23, 2024,Thao Duc Tu, President of Vietnamese Community of Oregon,requested a proclamation from Mayor Lueb recognizing April 30 as Vietnamese American Remembrance Day. Mayor Lueb approved the request and Thao asked to speak briefly during the city council meeting to share more about Vietnamese American Remembrance Day. ACTION REQUESTED Mayor Lueb is being asked to issue a proclamation recognizing April 30 as Vietnamese American Remembrance Day. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This proclamation was first recognized on April 25, 2023. Impacts (Community, Budget, Policies and Plans/Strategic Connection) Issuing this proclamation continues to build upon engagement efforts to involve all voices in our community. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments Proclamation —oo oeaeeoe a oe `3 rr E, f{�VCr(JN�` , 35- , {y z� fa'K7' {L+:t ti n ^ i a :ia €438 � ?l� �" 5;g f. ..mam000000gemm0000000..0§-ovo oaooa000.....eer±', da a0000000soas0000000000auoo0oao.na000ao.00aopoanoe00000 ,� ,5ti yk rvx}Fa� '" Alre- nn.m s� ..„::.,,„ :1...,i,..44,::,;:„..t, . a r„,, ,..f.;i.„;:.:„::.,, :AIM� _0;cic(Nriptir -rbra-rifior 04,.:..� dLt c..?„. ..f. :,„, ,,,t?:,:r,Ai: ,,,.1:. I- :iii.;,_,:,.. :.: rte" n .i,;:..ii„:,. City of'Tigard < '' F r Yr VIETNAMESE AMERICAN REMEMBRANCE DAY k ';:::."1. '� APRIL 30, 2024 ` =�t p.:% ' WHEREAS, Vietnamese refugees have proudly resided in Tigard, the state of Oregon �_ t f since the conclusion of the Vietnam War on April 30, 1975; and t 4 WHEREAS, Vietnamese Americans have put forth their full toiling energy building the city 1. ,ti =, I' `s it; 1 of Tigard, State of Oregon in a multitude of prominent areas including industry, economy, • " ii. culture, education, and military service; and r, q .-,. WHEREAS, Vietnamese Americans have counted on the State of Oregon, USA as being a . ice, ; ; � ; ,k r - their second heart, mind, and family homeland; andp. - ill '' ��. WHEREAS, every year, Vietnamese Americans celebrate Remembrance Day on April �4 30th to solemnly honor the 58,000 American soldiers, and more than 300,000 South A- t,, , - Vietnamese soldiers who sacrificed their lives in the line of duty for freedom and -, democracy in South Vietnam from 1955 to 1975. �a 1�z L • F ii NOW THEREFORE BE IT RESOLVED, I, Mayor Heidi Lueb of the City of Tigard, Oregon , `� do hereby proclaim April 30 as, F 1,,i ..,.„.., ,.„,,.x,,,,t.1m ; VIETNAMESE AMERICAN REMEMBRANCE DAY E� r,a 1. in Tigard, Oregon and encourage all to join in the reverent recognition of this cultural 4, 5, heritage celebration. .p,. 8,!,-..k,..„,...., _{ 1Dated this 2nd day of April 2024 O.F3 `Atili5 1 -$ IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City , ' of Tigard to be affixed. • R Sf--a a ,�tr r. a+P v y7.er 19401 Heidi Lueb, Mayor 4t � • �' �;, City of Tigard i, Attest: D.‘!4°,4.,';'-.415 4O Jesse B. Raymundo, Deputy City Recorder ; ' 2:ax % s - . C 00000a00000000000000000aa a osIRoapaa®�oan00000a000adgoo!nomeononoo,goo®0000a000000000aa000000voe000000aoanrroa 571, S ,. 9 5w V; i � i i4 4f•, -a r } a -, a , , ti p,�� e" r/ 3,,f e�3 E .-i :i x7�tdt8 t` y-- : �f.. s� . € K,w4, a. y a m r / PI6�'- - l:'sxe 4,. . d "' S 'fe .,... ii 3 x*' ;3. s L' [a 3 .3 �f ar." rtv. - '" • a . .r ,.iti'td�ih.Li°34@i� $t�`y"R�H1�a}"'�� :#$� �f},; '. ayd#y= 64_�r�&@��.„ �'ls '�$�npgE_:�� '��.��a a� � �3-��" �`ie SUPPLEMENTAL PACKET J GOMMUNiT FOR APRIL 2, 2024 r ITEM NO. 2B 5 0�, . 4 : .,; ,_..e...,-‘%. liirP fg �' i r "lb 41 ,, CERTIFICATE , , ,,.„ vier ", OF APPRECIATION IS PROUDLY PRESENTED TO , '1074 VVV \..... Thank you For your proclamation recognizing Vietnamese-American Remembrance Day April 30 APRIL 2, 2024 '771 kt.t.L., •;:. • a be .: *or -: -- __ - 1-140' t.. :, i ,, THAO DU1( -11..; '� VNCO PRESIDENT _ 'Y. i " 6 s -, ill_ AIS-5480 2. C. Business Meeting Meeting Date: 04/02/2024 Length (in minutes): 5 Minutes Agenda Title: Proclaim April 2024 as Parkinson's Awareness Month Authored By: Jesse Raymundo Presented By: Mayor Lueb Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE On March 25, 2024,Megan Taye of the Michael J. Fox Foundation requested a proclamation from Mayor Lueb recognizing April 2024 as Parkinson's Awareness Month. Mayor Lueb approved the request and Megan asked to speak briefly during the city council meeting to share more about Parkinson's Awareness Month. ACTION REQUESTED Mayor Lueb is being asked to issue a proclamation recognizing April 2024 as Parkinson's Awareness Month. BACKGROUND INFORMATION Impacts (Community, Budget, Policies and Plans/Strategic Connection) Issuing this proclamation continues to build upon engagement efforts to involve all voices in our community. ALTERNATIVES & RECOMMENDATION N/A ADDITIONAL RESOURCES N/A Attachments Proclamation "'''''''''''''"'"'''11, %;j::,..1: F ZSC •:e Vi,::,.IV, z 9 ;fa'KZ�wt‘,, ., -tl :r t{ n{�"' 'y ':'!..^.:7..:Y,-.1i.. n'a3-: 24 �i�s,` " %s 1 ?E k sC';�,'hrC fi:" 'F::�a eab o 000a �f7 ,3..y-. m� “� rg4;5 ..-...I„,;:-,„F, o�,niy��t h c -p. rt 0Te 6 ' . �� .RFs' x ' 2 ±::,.,,41 . --,■owOsoAuon......van000....y„,. ....000 ._..._ daa0000......... ....a .....ao.naoo........„....33.00 a ,5�ti I` ...:.,::,...,.A: yk rvx}Fa� ., 'e ”nn.m s� ,.„,,;430,„:„,,..., , . ii4 . a _,.” xeopi :1 (4,."!;*,.:':; ,..o 11.• 45 • " ,./ /1(11° .1-0_, , ''' i ''-''''-• 0 / (Itrritirrr41(411.0 • —.P•-•-,A-•. '--- . /10.)( / / /r- 0 V / /- / / , n ,..,..,10,...1,7. .. :..,.,. • P.... s Citi of Tigard <'.'' F ;:''' )0. ° PARKINSON'S AWARENESS MONTH �, ro APRIL 2024Y� k ,, 3 a ; WHEREAS, Parkinson's is a chronic, degenerative neurological disease that ! f affects approximately 1 million people in the United States and approximately .S..: ,} 20,000 people here in Oregon; and t WHEREAS, symptoms include tremors, stiffness and slow movement, difficulty ,- :%'-'- swallowing, depression, sleep disorders, and dementia; and !* n i _ WHEREAS, there is no treatment to slow, stop, or reverse the progression of .. ,_ ` - , the disease, nor is there a cure; and {F� i '' i T Ni WHEREAS, Parkinson's disease costs the Federal Government and American families $58 billion annually. re`�'l Taw NOW THEREFORE BE IT RESOLVED, I, Mayor Heidi Lueb of the City of y t� 1 sF q Tigard, Oregon do hereby proclaim April 2024 as, PARKINSON'S AWARENESS MONTH Dated this 2nd day of April 2024 IN WITNESS WHEREOF, I have hereunto set my hand and caused thep,,,-.N,,,,,,,.,,,f:: Seal of the City of Tigard to be affixed. i e_�. L.:.:.ani,..,::,,,,,-..„..#air d FV.,i%-:;. --) .. s',%:...,,,-,:!'2 , Heidi Lueb, Mayor F R �8 City of Tigard � iw , Attest: ` 1 t•4?;(40(* ''' ,- Jesse B. Raymundo, Deputy City Recorder ' a X o r 4 � � e s. sm "lit s !gm i h €'tit S'L „1.1,,,.... o h a' it aI CA a t i �f f o„ .,44 1.-----Is t �fr c a0.0a9o®aa�00ha.f,,i.Af9P P oa. WPP®aagliiDOaaaa6Ot]pigps.wisafiaagf®p110®aagaQaaQaaa9app9paaaa9a VHaaaaaGaaa4Qa9 41041 S ,, - > � ' " �rawVIO,i6,1:',-.4.4t -.'` �: � - �� 1 � .o V i 4 ra �:-r. � icy` '..��"" "^w� � 4 i.`,w ,w, ti -, a -7 9 Y 5w 4"w: X03 i ii4 4,= . a } "�tt v o a iq}7 a lit ' c Zl / 3tt$ �3 E , lttt8 s° d n. € x?44� }y [ ,ig. 4 Li 3' A'1:: : N,t -'E ��j., +x°i' 3::.^,,as`3 -: 4 r L is ,.,� K` jt `zw. "�..�1Jff ' . z t�m;Yri,�. :--4-'4D: °a . i aig it`; i s;, :iai t ,; �d =i ghikii `1s' a kat_i' i_ a ea�l_.os`a e SUPPLEMENTAL PACKET FOR APRIL 2, 2024 ITEM NO. 2C THE MICHAEL J.FOX FOUNDATION FOR PARKINSON'S RESEARCH State Government R 2024 Policy Priorities At The Michael J. Fox Foundation (MJFF), we advocate because the government plays a pivotal role in accelerating research toward prevention and a cure, and ensuring quality of life for those already living with Parkinson's disease and their families. Why We Advocate Parkinson's disease occurs when brain cells that make dopamine,a chemical that coordinates movement,stop working or die.The An estimated more than experience of living with Parkinson's disease over the course of a people lifetime is unique to each person.As symptoms and progression vary O?Za?themU.S. live with from person to person,neither a patient nor their doctor can predict in U. . with which symptoms they will experience,when they may get them,or how Parkinson's disease. severe they will be. Currently,there is no cure for Parkinson's disease.There is no one exact cause of Parkinson's,and researchers believe it is likely caused by a combination of genetic and environmental factors.Known primarily The annual economic as a"movement disorder,"the most known traits of Parkinson's are burden of Parkinson's in $ tremor,slowness,walking and balance problems,as well as depression, the U.S. is an estimated memory problems,constipation,dementia and more.Parkinson's $52 billion. disease is a lifelong and progressive disease,which means that symptoms slowly worsen over time. Funding Parkinson's Research Parkinson's is the State governments must find new and innovative research to second-most common assist in finding treatments and cures for Parkinson's disease. and fastest-growing ical disease.lo Establishing or increasing state funding for Parkinson's research neurological will lead discoveries that will improve the lives of people living with Parkinson's disease today in partnership with the many clinical studies being done around the world in partnership with MJFF. Since 2010,MJFF has been dedicated to building,strengthening and MJFF has funded nearly expanding the infrastructure for a longitudinal study known as $2 billion in Parkinson's Progression Markers Initiative(PPMI).With nearly$450 research programs to date. million invested,PPMI has 5o clinical sites in 12 countries and over 2,000 participants.Public sector partnership and investment in PPMI is needed to accelerate research for earlier diagnosis,better treatments and, ultimately,a cure for Parkinson's disease. M Stay in touch with us by visiting the State Action Center or emailing policy@michaeljfox.org. Creating Parkinson's Research Increasing Access to Biomarker Registries Testing A disease registry is a special database that contains Biomarker testing is the analysis of a person's tissue, information about people diagnosed with a specific blood,and other substances,known as biomarkers,that type of disease.Registries can be used to closely monitor can provide information about cancer.Biomarker testing is the health care process to detect potential problems and to a crucial step for accessing precision medicine,including ultimately achieve better results for patients. targeted therapies that can lead to improved survivorship and better quality of life for cancer patients.While most current Through state-level registries,designated agencies collect applications of biomarker testing are in oncology and de-identified patient information with the goal of sharing the autoimmune diseases,there is research underway to benefit database with the CDC for use in research,planning for patients in other areas,including neurological conditions such health care requirements and education of health care as Parkinson's disease. providers. Currently,insurance coverage for biomarker testing is failing Passing legislation to create a statewide,population-based to keep pace with innovation and advancement in treatment. registry will be used to measure the incidence and We urge states to take legislative action to require health prevalence of Parkinson's disease.The data collected will plans,including Medicaid,to cover biomarker testing so that fuel further research that will discover improved treatments more individuals have access to this important health care tool. and therapeutics for Parkinson's disease. Legislative action on biomarker testing access coincided Surprisingly,little is known about how Parkinson's disease is with the Foundation's groundbreaking news,announced distributed among different population groups and whether in April 2023,that researchers have discovered a new the patterns of the disease are changing over time. biomarker tool that can reveal a key pathology of the Parkinson's:abnormal alpha-synuclein—known as the This legislation will: "Parkinson's protein"—in brain and body cells. + Identify high-risk groups,support patient contact studies Steady and critical advances in the pursuit of a reliable and and serve as a valuable data resource to bolster continued accurate biomarker test have been the hallmark of PPMI,which research of Parkinson's disease. was built for this purpose.The discovery enabled by the new + Determine an accurate rate of incidence and prevalence test is the latest,and most significant,finding to date from the of Parkinson's disease by state. study. + Help researchers study patterns of Parkinson's disease You can read more about this extraordinary scientific over time. breakthrough, and the accompanying study posted in The + Improve our understanding of potential links,such as Lancet Neurology,here. pesticide usage and military service,and the development • of Parkinson's disease. Status of State Legislation • ` + In 2023,legislation to expand access to biomarker testing,or to study the benefits of doing so,was Status of State Legislation enacted in Arizona,California,Georgia,Kentucky, + To date,there are registries and/or recently enacted Louisiana,Maryland,Nevada,New Hampshire,New legislation to establish a registry in California, Mexico,New York,Oklahoma and Texas. Maryland,Missouri,Nebraska,Nevada,Ohio,South + In 2024 legislation has been introduced,or is expected Carolina,Utah,Washington and West Virginia. to be introduced imminently,in Connecticut,Florida, + In 2024,legislation has been introduced in Hawaii, Hawaii,Indiana,Iowa,Maine,Massachusetts,Ohio, Massachusetts,New Jersey and New York. Pennsylvania,Vermont and West Virginia. Stay in touch with us by visiting the State Action Center or emailing policy@michaeljfox.org. • 4--- Expanding Genetic Testing Protections Access to Care The Genetic Information Nondiscrimination Act(GINA) is a federal law that prohibits health insurers from using Prescription Drug Affordability information learned through genetic testing,such as a gene + People with Parkinson's disease need to be able mutation linked to neurological disorders,to deny coverage to afford their medications,and they need quick or engage in price discrimination.These protections, access to those treatments to manage however,do not extend to life insurance,long-term care Parkinson's symptoms.As health care costs insurance and disability insurance coverage.This needs to increase,we know people with Parkinson's disease change. feel the financial strain when costs of prescriptions also go up. No one should have to fear that accessing genetic testing may be weaponized against them in the future.We believe that more + We urge states to pass legislation that allows people people should have access to genetic testing and that no one with Parkinson's disease to evenly spread out their should face discrimination in pursuit of their health care needs. medication costs over a whole year,instead of being State legislatures should pass legislation that prohibits hit with one big payment. discrimination based on genetic predisposition for life insurance, long-term care insurance,and disability insurance coverage. Social Determinants of Health These laws should address the refusal to issue or renew a policy, + Economic and social conditions have a powerful charging any increased rate,or restricting any length of impact on our health and wellness.Stable coverage,and requiring genetic testing before approving housing,reliable transportation and access to healthy coverage. foods are all factors that can make a difference in the prevention and management of many health conditions like diabetes,asthma and heart disease. Environmental Transparency Known as social determinants of health,a focus on these non-medical factors can improve health A small minority of Parkinson's disease can be outcomes and wellbeing. predominantly linked to genetics,leaving the etiology of the majority of cases including an environmental risk component.A large body of literature suggests that Mental Health environmental risks(including,but not limited to pollutants, pathogens and diet)could play a role in the development of + Access to behavioral health care is essential for Parkinson's disease.There is still more research required to people with Parkinson's disease because the understand the magnitude and mechanisms of environmental disease makes them prone to adverse mental risks and the development of Parkinson's disease, health conditions.We urge states to pass legislation to expand the behavioral health workforce and To contribute to this work,our state team is focused on remove barriers to accessing behavioral health increasing environmental transparency,such as requiring states services via telehealth so that people with Parkinson's to develop and publicly share on a state website where toxic disease can access behavioral health care when and chemicals have been approved for use.We believe that state where they need it. governments have a duty to provide public health information and we will continue to push for further transparency on behalf of our patient community. The Michael J.Fox Foundation for Parkinson's Research has a single,urgent goal: Eliminate Parkinson's in our lifetime.We have funded nearly$2 billion in research since our founding over 20 years ago.MJFF advocates at the federal and state level for funding and policies that accelerate the search for a cure and improve qualityof life for people with Parkinson's as THE MICHAEL J.FOX FOUNDATION P FOR PARKINSON'S RESEARCH well as their families and caregivers.MJFF is here until Parkinson's isn't. Stay in touch with us by visiting the State Action Center or emailing policy michaeijfox.org. The Economic Burden of Parkinson's Disease: Study Finds Annual Cost to Federal Government is $25 Billion, Double Previous Estimates National Economic Burden of Parkinson's Cost and Prevalence in Approximately 1 million people in the U.S. have Oregon Parkinson's, which costs the nation $52 billion 52 each year. This includes a direct medical cost of $25.4 billion, with additional indirect and non- medical costs of$26.5 billion. It is estimated that Billion more than 1.6 million people in the United States will be impacted by Parkinson's disease by 2037, at an estimated economic burden of$79 billion. The Direct Cost of PD to the Federal Government Oregon's population is 4,189,659 people $25 $23 billion of the direct cost to the federal 13,926 have Parkinson's government is shouldered by Medicare,with an Billion additional $2 billion attributable to SSI/SSDI. The direct and indirect costs to care for people with Parkinson's in Oregon is Medicare insures 90% of people with $696 million Parkinson's. In 2017, only 7% of direct medical 90% care costs were attributable to private insurance. PD prevalence in The excess medical cost of PD for patients on Oregon: Medicare is $24,811 every year. Parkinson's Prevalence byState, per 1 ,000 3.32 Per 1,000 people People 2.34 3.86 The federal government spends $25 billion every year to care for people with Parkinson's disease, and only $234 million researching the disease. It's time for the government to invest more to find a cure for Parkinson's. fHE MICHAEL J FOX FOUNDATION FOR PARKINSON'S RESEARCH For more information,contact policva(�michaeIifox.orq Parkinson's Grassroots Network THE MICHAEL J. FOX FOUNDATION PUBLIC POLICY AMBASSADOR Contact me to learn more about Parkinson's Disease advocacy. Kevin r 503 278 0516 Mansfield E grardpakevtn@msn.com MICHAELUFOX.ORG/POLICY r - TIGARD Written Public Comment for the April 2, 2024 Tigard City Council meeting 1. Chris Dunn — Safe Lots 2. Judy Bueermann— Safe Lots 3. Jan Gould — Safe Lots 4. Dale Sykes — Safe Lots Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Saturday, March 30, 2024 9:55 PM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* City Council Public Comment Form City Council Public Comment Form Submission#: 3101943 IP Address: 50.126.66.188 Submission Date: 03/30/2024 9:55 Survey Time: 20 minutes, 25 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Chris Dunn Email Complete Address 15295 SW Bull Mountain RD Tigard,97224 Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) Safe Parking proposal for Christ the King Church Comments I attended last week's meeting and I appreciate that the trust is broken based on the community getting such late information on this proposal.Thank you for the comments that it needs to be rebuilt.The slide presentation was thorough and both women did a good job explaining the houselessness situation and existing/proposed programs.These programs were presented as if there aren't any negative issues/impacts. It's difficult to believe any program isn't with some issues/problems.Again, I don't oppose the Safe Parking Program only the location. I am glad that government property will be used to test the program in Tigard.What would the criteria be to assess the success/issues and in what timeframe? I was sad that the meeting last week was scheduled during Spring Break which impacted some being able to attend.With trust being an issue it was easy to make assumptions, even if the assumptions are wrong. I appreciated that Councilman Yi-Kang Hu said he read all the comments submitted.We want to be heard and we are open to what makes good sense for the city of Tigard and the community that it serves.Thank you for having an open forum to discuss the issues. Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, April 1, 2024 8:36 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* City Council Public Comment Form City Council Public Comment Form Submission#: 3103503 IP Address: 50.38.61.190 Submission Date: 04/01/2024 8:36 Survey Time: 2 minutes,57 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Judy Bueermann Email Complete Address 11926 Sw Aspen Ridge Dr Tigard,OR 97224 Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) Safe Parking program Located at Christ the King church Highway 99 and Bull Mountain Road Comments Dear Mayor Lueb and Councilors,Thank you for your support of strong consideration to build the first safe parking program on city lots for the safety and welfare of the Tigard community. I am hopeful that all prospectives are considered as all actions have effects, and the well being of one group should not cause another to suffer.Thank you for listening, using logic, common sense and compassion moving forward.Thank you for considering alternatives to the"Safe Parking" program at the Christ the King church parking lot on Hwy 99 and Bull Mountain Road. I understand the need for safe parking, I appreciate the acknowledgment of alternatives and a controlled approach.As previously stated, I have serious concerns about the location and safety of this project. One concern is the mental health of the residents already living in this neighborhood. I have witnessed the distress. I am witnessing neighbors moving as they cannot afford to gamble with the decisions made for them. I encourage and support Mayor Lueb and ALL involved to be a groundbreaking example and use the resources at the city's disposal,(the parking at City Hall). Follow the city of Tualatin's example.The consideration of this matter was heard and I want to express appreciation.Thank you,Judy Bueermann Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Jesse Raymundo From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, April 1, 2024 11:42 AM To: Carol Krager;Jesse Raymundo;Webteam Subject: *NEW SUBMISSION* City Council Public Comment Form City Council Public Comment Form Submission#: 3104335 IP Address: 73.37.31.152 Submission Date: 04/01/2024 11:41 Survey Time: 20 minutes, 39 seconds You have a new online form submission. Note: all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Jan Gould Email Complete Address Which agenda item or topic are you commenting on? (Comments are due by Monday at noon) Safe Parking Proposal for Christ the King Church Comments Hello! I attended the City Council Meeting last Tuesday night where I heard from many people.There were many proponents of the proposal who just simply expressed the need for the program.OK, but no one said why it has to be in this location. I think all of us can agree that if the City of Tigard wants to host a Safe Parking Program,then we all want it to be a success. But success of a program for one group of people really can't be achieved at the expense of another group of people—and that would be the residents of Bull Mountain who live in close proximity to Christ the King Church.There are plenty of alternate sights in Tigard that could fulfill the needs of the Safe Parking,yet not cause,anxiety, stress,and depression which we all know creates a new mental health problem.And this is what is happening right now. It is not the program that is being objected to, it's the location. I would hope that you as our elected leaders would listen to your constituents of what we are trying to communicate. I have personally talked with residents living nearby who are in a serious state of angst,and this doesn't need to be when another location could be selected.This program should reside in a safe,secluded nonresidential area. One lady in the program who spoke said she was not a candidate for in house residency because she screams all night. Neighbors nearby wouldn't want to listen to that all night.A more private,secluded location would allow her to scream yet offer privacy to all.The solution to this debate is quite simple—choose a more appropriate location that works for everyone.Again, many of us have offered up donations to assist your project, but we do ask that Compassion be considered for all of us. Attachment Supporting Documents/Images Thank you, City of Tigard 1 This is an automated message generated by Granicus.Please do not reply directly to this email. 2 Jesse Raymundo From: Jesse Raymundo Sent: Monday, April 1, 2024 3:39 PM To: Jesse Raymundo Subject: RE: Safe Parking in Tigard From: Dale sykes Date: Monday, March 25, 2024 at 1:43 PM To: Heidi Lueb <heidil@tigard-or.gov>, Yi-Kang Hu <yikang.hu@tigard-or.gov>, Jeanette Shaw <jeanettes@tigard-or.gov>, Jai Raj Singh <jairaj.singh@tigard-or.gov>, Maureen Wolf <maureen.wolf@tigard-or.gov>, Madi Vogel<youthcouncil@tigard-or.gov> Subject: Safe Parking in Tigard Some people who received this message don't often get email from Learn why this is important Dear City Council Elected Officials and Others, I am writing regarding the proposed Safe Parking Program at Christ the King Lutheran Church, which is located in my neighborhood. This parking lot currently hosts a preschool with 30 children on site daily. In addition, a variety of neighbors live within feet of this parking lot, or even share a fence line with the proposed location. Young children wait for theirTTSD bus within feet of the proposed parking spaces, often unattended in the early dark hours of the morning. There are no street lights on SW 114th Ave., making this area quite dark before the sun rises. I do not dispute the merits of this program, or its intent. We all want to see the houseless crisis addressed- but not at the expense of safety or decreased livability! I implore the city to implement criteria for Safe Parking locations very near schools and homes. The City has a duty to ensure projects are effective and keep citizens safe-this proposal currently has no plan for overnight security, recourse if overnight parking extends into nearby neighborhoods, or a drug screening requirement. I have the following requests- 1. Create an Open House Online Forum- there is still no plan to allow wide community participation and we want to be heard. 2. Select public or private property within safe distances from homes and schools for the 3 Safe Parking projects proposed in Tigard. 3. Ensure any funding provided by the city be met with basic safety criteria to prevent risks and demonstrate commitment to safety and livability 4. Put any funding decisions to a city council vote- elected officials should be accountable as they vote to spend taxpayer dollars. 5. Make the city permitting process for Safe Parking projects public and transparent-we want to know the criteria for approval and also to be made aware when a permit has been applied for. Thank you for your time and consideration of my testimony. I look forward to updates on next steps aligned to the reasonable requests I am making as your neighbor. Dale Sykes 1 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 AGENDA ITEM NO. 3.C. - PUBLIC COMMENT DATE: April 2, 2024 (Limited to 2 minutes or less,please) This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record.The names and cities of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes,which is a public record. Please review the"Tigard City Council Protocol for Public Comment." NAME & CITY YOU LIVE IN TOPIC Please Print Name City Please spell your name as it sounds if it will help the presiding officer NONE pronounce: Optional: If you want a response from staff,please leave your contact information: Check one: Phone or email For ❑ Against ❑ Neutral ❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff,please leave your contact information: Check one: Phone or email For ❑ Against ❑ Neutral❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff,please leave your contact information: Check one: Phone or email For ❑ Against ❑ Neutral ❑ Name City Please spell your name as it sounds if it will help the presiding officer pronounce: Optional: If you want a response from staff,please leave your contactinformation: ..................................................................................................................................................................................................... Check one: Phone or email For 0 Against 0 Neutral 0 AIS-5465 5.A. Business Meeting Meeting Date: 04/02/2024 Length (in minutes): Consent Item Agenda Title: Consider 2024 Non-Profit Affordable Housing Tax Exemption Applications Authored By: Schuyler Warren Presented By: Eric Kang Item Type: Motion Requested Resolution Public Hearing Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Consider the annual property tax exemption requests from local non-profit affordable housing providers under the provisions of Tigard Municipal Code 3.50. Applications were submitted by Community Partners for Affordable Housing,New Narrative,Northwest Housing Alternatives, Reach Community Development and Resident Resources for property tax exemption of fifteen low-income housing projects/properties,which is allowable under TMC 3.50. ACTION REQUESTED The City Council is being asked to adopt the resolution to grant exemption from property tax payment under the Tigard Municipal Code 3.50 for the non-profit,low-income housing properties listed above. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This request comes to the City Council on an annual basis. Public Involvement Passage of this resolution will continue the city's work of providing financial relief for low-income housing development and those that own properties in development. Impacts (Community, Budget, Policies and Plans/Strategic Connection) There is a fiscal impact to the city. Attached is the loss of property tax revenue from passage of this resolution,which affects the city's General Fund. ALTERNATIVES & RECOMMENDATION Do not approve this resolution. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: 72,259 Budgeted (yes or no): n/a Where Budgeted (department/program): n/a Additional Fiscal Notes: The exemption would apply to property tax revenue in fiscal year 2024-2025. Attachments Resolution Fiscal Impact of Tax Exemption Staff Report- Community Partners for Affordable Housing 2024 CPAH Application Staff Report- New Narrative 2024 New Narratives Application Staff Report- Northwest Housing Alternatives 2024 Northwest Housing Alternatives Application Staff Report- REACH REACH Application Staff Report- Resident Resources 2024 Resident Resources Application CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 23- A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR FIVE NON-PROFIT, LOW-INCOME HOUSING PROJECTS OWNED AND OPERATED COMMUNITY PARTNERS FOR AFFORDABLE HOUSING (CPAH), THREE PROPERTIES OWNED BY NEW NARRATIVE, ONE PROJECT OPERATED BY NORTHWEST HOUSING ALTERNATIVES, FIVE PROPERTIES OWNED BY REACH COMMUNITY DEVELOPMENT, AND ONE PROPERTY OWNED BY RESIDENT RESOURCES. WHEREAS, Tigard Municipal code (TMC) section 3.50 provides procedures for application and consideration on non-profit corporation low-income housing project exemptions from property taxes; and WHEREAS, the TMC requires application for exemption be filed with the city by March 1; and WHEREAS, Community Partners for Affordable Housing is a qualified non-profit organization, filed a request by March 1, 2024, for exemption from property taxes for four low-income housing projects and one vacant property designated for future low-income housing, and meets all the applicable criteria for exemption in TMC 3.50, and WHEREAS, New Narrative is a qualified non-profit organization, filed a request by March 1, 2024, for exemption from property taxes for three low-income housing properties, and meets all the applicable criteria for exemption in TMC 3.50, and WHEREAS, Northwest Housing Alternatives is a qualified non-profit organization, filed a request by March 1, 2024, for exemption from property taxes for one low-income housing project, and meets all the applicable criteria for exemption in TMC 3.50, and WHEREAS, Reach Community Development is a qualified non-profit organization, filed a request by March 1, 2024, for exemption from property taxes for five low-income housing properties, and meets all the applicable criteria for exemption in TMC 3.50, and WHEREAS, Resident Resources is a qualified non-profit organization, filed a request by March 1, 2024, for exemption from property taxes for one low-income housing project, and meets all the applicable criteria for exemption in TMC 3.50, and WHEREAS, upon review of the applications it was found granting the exemptions would be consistent with the applicable Tigard Municipal Code and also with the adopted city housing policies. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: RESOLUTION NO. 24- Page 1 SECTION 1: The applicants, Community Partners for Affordable Housing, New Narrative, Northwest Housing Alternatives, Reach Community Development, and Resident Resources qualified for the exemption set forth in Tigard Municipal Code Section 3.50. SECTION 2: The Finance Director is directed to certify to the Assessor of Washington County that the fourteen properties that received exemption in the prior year are: a. 11157-11163 SW Hall Blvd., Tigard b. 11875 SW 91St Ave., Tigard c. 12291 SW Knoll Dr., Tigard d. 11090 SW 68th Pkwy., Tigard e. 11655 SW Pacific Hwy., Tigard f. 9330 SW Tangela St., Tigard g. 7705 SW Pfaffle St., Tigard h. 6860 SW Clinton St., Tigard i. 6835 SW Clinton St., Tigard j. 11750 SW 69th Ave., Tigard (absorbed into 6835 SW Clinton St.) k. 11800 SW 69th Ave., Tigard (absorbed into 6835 SW Clinton St.) I. 11955 SW 68th Ave., Tigard m. 11950 SW 69th Ave., Tigard n. 11900 SW 69th Ave., Tigard SECTION 3: The Finance Director is informing the Assessor of Washington County that the City of Tigard has dropped exemption of property taxes of the property located at 9330 SW Tangela St. because the property was sold to a private party on 9/25/2023 and no longer qualifies as a low-income housing property. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2024. Mayor— City of Tigard ATTEST: City Recorder— City of Tigard RESOLUTION NO. 24- Page 2 AIS- Fiscal Impact of Tax Exemption 2023-24 Real Total Market Value 2024 Taxable City of Tigard City of Tigard City of Tigard Property Tax Impact Property Applicant (RMV) Assessed Value* Tax Rate Local Option Rate Bond Rate (All Jurisdictions) $2.5131/$1,000 $0.2900/$1,000 $0.3356/$1,000 $17.6020/$1,000 11157 SW Hall Blvd CPAH $ 5,132,050 $ 1,478,030 $ 3,714 $ 429 $ 496 $ 26,016 11895 SW 91st Avenue CPAH $ 18,382,610 $ 5,294,192 $ 13,305 $ 1,535 $ 1,777 $ 93,188 12291 SW Knoll Drive CPAH $ 11,666,790 $ 3,360,036 $ 8,444 $ 974 $ 1,128 $ 59,143 11090 SW 68th Pkwy CPAH $ 11,566,910 $ 3,331,270 $ 8,372 $ 966 $ 1,118 $ 58,637 Tax Lot 1S136CA11700 CPAH $ 1,638,000 $ 471,744 $ 1,186 $ 137 $ 158 $ 8,304 10829 SW Hall Blvd New Narrative $ 824,780 $ 436,309 $ 1,096 $ 127 $ 146 $ 7,680 10843 SW Hall Blvd New Narrative $ 850,280 $ 449,798 $ 1,130 $ 130 $ 151 $ 7,917 10855 SW Hall Blvd New Narrative $ 595,350 $ 314,940 $ 791 $ 91 $ 106 $ 5,544 8815 SW O'Mara Street NW Housing Alternatives $ 6,365,710 $ 1,833,324 $ 4,607 $ 532 $ 615 $ 32,270 6835 SW Clinton Street Reach $ 924,720 $ 266,319 $ 669 $ 77 $ 89 $ 4,688 11800 SW 69th Avenue Reach This property no longer exists as a separate tax lot;it has been absorbed into 6835 SW Clinton St. 11750 SW 69th Avenue Reach This property no longer exists as a separate tax lot;it has been absorbed into 6835 SW Clinton St. 11900 SW 69th Avenue Reach $ 374,500 $ 107,856 $ 271 $ 31 $ 36 $ 1,898 11950 SW 69th Avenue Reach $ 423,700 $ 122,026 $ 307 $ 35 $ 41 $ 2,148 11955 SW 68th Avenue Reach $ 558,960 $ 160,980 $ 405 $ 47 $ 54 $ 2,834 6860 SW Clinton Street Reach $ 561,440 $ 161,695 $ 406 $ 47 $ 54 $ 2,846 7705 SW Pfaffle Street Resident Resources $ 18,172,140 $ 5,233,576 $ 13,153 $ 1,518 $ 1,756 $ 92,121 Total Impact $ 57,857 $ 6,676 $ 7,726 $ 405,235 *Because these properties have been exempted from property taxation in the past, Washington County does not show a current assessed value.The 2024 Taxable Assessed Value shown is calculated by dividing the Average Maximum Assessed Value (MAV) by the Average Real Market Value in the current Washington County Certified Roll.The 2024 calculated Changed Property Ratio (CPR)for Residential Property is 0.529 and for Apartment Property is 0.288. •City of Tigard tax rate includes City of Tigard Permanent Rate (2.5131) + Local Option After 10/06/01 (0.2900) + Bonds After 10/06/01 (0.3356) •Total tax rate reported in Washington County Department of Assessment&Taxation Summary of Assessment and Tax Roll 2023-2024,Tax Code 023.66, and includes school (operating), general government (operating), and excluded from limitation. IN 11 City of Tigard TIGARD Memorandum To: Eric Kang, Finance Director From: Schuyler Warren, Senior Planner Re: CPAH 2024 Applications for Tax Exemption Date: March 6, 2024 Community Partners for Affordable Housing (CPAH) has submitted separate applications for low- income housing tax exemptions for each of the five properties it owns inside the city. The four developed properties include the 26-unit Village at Washington Square, the 84-unit Greenburg Oaks, the 48-unit Knoll at Tigard senior housing project, and the 48-unit Red Rock Creek Commons. CPAH is also applying for a tax exemption for land owned and held for the purpose of developing affordable housing.This property is located at 11655 SW Pacific Highway, tax lot ID 1 S 136CA11700. Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing,provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. CPAH submitted with their applications a copy of an Internal Revenue Service letter, dated March 11, 1999,verifying that CPAH qualifies as a 501(c)(3) organization. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. CPAH has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose.This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. Documents submitted by CPAH demonstrate that in the case of all four of its developed projects, tenant income is verified upon application and is re-certified on an annual basis. Residents may remain in their units as long as they demonstrate qualifying income at entry. Continued eligibility is determined with household income at or below 60% of the area median income (AMI). Within each of its applications, CPAH certifies that all residents served by the four properties in question earn at or below the 60% of AMI. The property at 11655 SW Pacific Highway is held for the purpose of future development as low- income housing. This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. CPAH is applying for full exemption at all five properties. CPAH has submitted documents demonstrating that all five properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor.This criterion will be met upon approval by City Council. Conclusion: CPAH-owned properties have qualified for tax exemption every year since 1996. According to the applications submitted exemption,no changes in circumstances have occurred that would disqualify the non-profit housing provider from continuing to receive the exemption. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to CPAH is consistent with the applicable TMC standards and with adopted city housing policies. City of Tigard Property Tax Exemption Application 2024-2025 Property Name: Greenburg Oaks 1.The applicant's name, address, and telephone number Community Partners for Affordable Housing 6380 SW Capitol Hwy, Portland OR 97239 503-293-4038 x 707 2. The assessor's account number for each site R-276472 3. The number of units and the exempted amount of each property being applied for under this chapter 84 units; 100%of the property 4. A description of the property for which the exemption is requested Greenburg Oaks is an 84-unit multifamily property at 11895 SW 91'Ave in Tigard, OR serving low- income families, individuals and seniors.The property sits on a 3-acre site with a playground, community building, community garden and patio, and basketball court for resident use. 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose 100%of the property is used for the charitable purposes of housing low-income occupants and providing social services on site. 6. A certification of income levels of low income occupants All occupants are certified to have an income of below 60%AMI on move in and annually thereafter. 7. A description of how the tax exemption will benefit project residents The tax exemption decreases property operating costs significantly, allowing CPAH to rent units at lower rates and provide social services on site to residents. 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3)or(4) CPAH was granted 501(c)(3) status in February 1995 and is exempt from income taxes. 9. A description of the development of the property if the property is being held for future low income housing development The property is not being held for future development. 10. Declarations 1. The applicant is aware of all requirements for property tax exemption imposed by city code; 2. The applicant's property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low income persons,will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline; 3. The applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter;and 4. The applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. By: G (,/J Rachael Duke, Executive Director For Community Partners for Affordable Housing SUBSCRIBED and SWORN to before me this u2 day ofFVO1''l/10II , 2-1721/4'1 . 4-12,15OFFICIAL STAMP Natika Leone Holm Notary Public for Oregon (signature) \-.'v,,47,Te NOTARY PUBLIC-OREGON _ `-t COMMISSION NO.1036631 14-CA MY COMMISSION EXPIRES May 1,2027 N`�� `- � J Notary Public for Oregon (Print or Type Name) My Commission Expires OC \ 112_01,1- 2 '-o',T2 of 2 2/6/2024, 11:27 AM City of Tigard Property Tax Exemption Application 2024-2025 Property Name: Knoll at Tigard 1.The applicant's name, address, and telephone number Community Partners for Affordable Housing 6380 SW Capitol Hwy, Portland OR 97239 503-293-4038 x 707 2. The assessor's account number for each site R-458454, R458436, R458445 3. The number of units and the exempted amount of each property being applied for under this chapter 48 units; 100%of the property 4. A description of the property for which the exemption is requested Knoll at Tigard is a 48-unit multifamily property at 12291 SW Knoll Drive in Tigard, OR serving low- income seniors and veterans. 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose 100%of the property is used for the charitable purposes of housing low-income occupants and providing social services on site. 6. A certification of income levels of low income occupants All occupants are certified to have an income of below 60%AMI on move in and annually thereafter. 7. A description of how the tax exemption will benefit project residents The tax exemption decreases property operating costs significantly, allowing CPAH to rent units at lower rates and provide social services on site to residents. 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3)or(4) CPAH was granted 501(c)(3) status in February 1995 and is exempt from income taxes. 9. A description of the development of the property if the property is being held for future low income housing development The property is not being held for future development. 10. Declarations 1. The applicant is aware of all requirements for property tax exemption imposed by city code; 2. The applicant's property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low income persons,will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline; 3. The applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter;and 4. The applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. By: G (,/J Rachael Duke, Executive Director For Community Partners for Affordable Housing SUBSCRIBED and SWORN to before me this u2 day ofFVO1''l/10II , 2-1721/4'1 . 4-12,15OFFICIAL STAMP Natika Leone Holm Notary Public for Oregon (signature) \-.'v,,47,Te NOTARY PUBLIC-OREGON _ `-t COMMISSION NO.1036631 14-CA MY COMMISSION EXPIRES May 1,2027 N`�� `- � J Notary Public for Oregon (Print or Type Name) My Commission Expires OC \ 112_01,1- 2 '-o',T2 of 2 2/6/2024, 11:27 AM 2023 Red Rock Property Tax Exemption Application.pdf https://word-view.officeapps.live.com/wv/WordViewer/request.pd... City of Tigard Property Tax Exemption Application 2024-2025 Property Name: Red Rock Creek Commons 1. The applicant's name,address,and telephone number Community Partners for Affordable Housing 6380 SW Capitol Hwy, Portland OR 97239 503-293-4038 x 707 2. The assessor's account number for each site R2093437 3. The number of units and the exempted amount of each property being applied for under this chapter 48 units; 100% of the property 4. A description of the property for which the exemption is requested Red Rock Creek Commons is a 48-unit multifamily property at 11090 SW 68th Pkwy. in Tigard, OR serving low-income people with resident services available on site. 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose 100% of the property is used for the charitable purposes of housing low-income occupants and providing social services on site. 6. A certification of income levels of low income occupants All occupants are certified to have an income of below 60%AMI on move in and annually thereafter. 7. A description of how the tax exemption will benefit project residents The tax exemption decreases property operating costs significantly,allowing CPAH to rent units at lower rates and provide social services on site to residents. 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C.Section 501(c)(3)or(4) CPAH was granted 501(c)(3)status in February 1995 and is exempt from income taxes. 9. A description of the development of the property if the property is being held for future low income housing development The property is not being held for future development. 1 of 2 2/6/2024, 11:27 AM 10. Declarations 1. The applicant is aware of all requirements for property tax exemption imposed by city code; 2. The applicant's property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low income persons,will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline; 3. The applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter;and 4. The applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. By: G (,/J Rachael Duke, Executive Director For Community Partners for Affordable Housing SUBSCRIBED and SWORN to before me this u2 day ofFVO1''l/10II , 2-1721/4'1 . 4-12,15OFFICIAL STAMP Natika Leone Holm Notary Public for Oregon (signature) \-.'v,,47,Te NOTARY PUBLIC-OREGON _ `-t COMMISSION NO.1036631 14-CA MY COMMISSION EXPIRES May 1,2027 N`�� `- � J Notary Public for Oregon (Print or Type Name) My Commission Expires OC \ 112_01,1- 2 '-o',T2 of 2 2/6/2024, 11:27 AM City of Tigard Property Tax Exemption Application 2024-2025 Property Name: Village at Washington Square 1.The applicant's name, address, and telephone number Community Partners for Affordable Housing 6380 SW Capitol Hwy, Portland OR 97239 503-293-4038 x 707 2. The assessor's account number for each site R2077395 3. The number of units and the exempted amount of each property being applied for under this chapter 26 units; 100%of the property 4. A description of the property for which the exemption is requested Village at Washington Square is a 26-unit multifamily property at 11157 SW Hall Blvd in Tigard, OR serving low-income families, with resident services and youth services provided on site. 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose 100%of the property is used for the charitable purposes of housing low-income occupants. 6. A certification of income levels of low income occupants All occupants are certified to have an income of below 60%AMI on move in and annually thereafter. 7. A description of how the tax exemption will benefit project residents The tax exemption decreases property operating costs significantly, allowing CPAH to rent units at lower rates and provide social services on site to residents. 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3)or(4) CPAH was granted 501(c)(3) status in February 1995 and is exempt from income taxes. 9. A description of the development of the property if the property is being held for future low income housing development The property is not being held for future development. 10. Declarations 1. The applicant is aware of all requirements for property tax exemption imposed by city code; 2. The applicant's property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low income persons,will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline; 3. The applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter;and 4. The applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. By: G (,/J Rachael Duke, Executive Director For Community Partners for Affordable Housing SUBSCRIBED and SWORN to before me this u2 day ofFVO1''l/10II , 2-1721/4'1 . 4-12,15OFFICIAL STAMP Natika Leone Holm Notary Public for Oregon (signature) \-.'v,,47,Te NOTARY PUBLIC-OREGON _ `-t COMMISSION NO.1036631 14-CA MY COMMISSION EXPIRES May 1,2027 N`�� `- � J Notary Public for Oregon (Print or Type Name) My Commission Expires OC \ 112_01,1- 2 '-o',T2 of 2 2/6/2024, 11:27 AM City of Tigard Property Tax Exemption Application 2024-2025 Property Name: Woodland Hearth 1.The applicant's name, address, and telephone number Community Partners for Affordable Housing 6380 SW Capitol Hwy, Portland OR 97239 503-293-4038 x 707 2. The assessor's account number for each site R-2221050 3. The number of units and the exempted amount of each property being applied for under this chapter 0 units; 100% of the property 4. A description of the property for which the exemption is requested The site, located at approximately 11655 SW Pacific Hwy, is vacant. Woodland Hearth is under development as a 63-unit multifamily property that will serve low-income families.The property will sit on a 3-acre site with a playground, community building, and patio for resident use. 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose 100%of the property will be used for the charitable purposes of housing low-income occupants and providing social services on site. 6. A certification of income levels of low income occupants All occupants will be certified to have an income of below 60%AMI on move in and annually thereafter. 7. A description of how the tax exemption will benefit project residents The tax exemption decreases development costs and operating costs significantly, allowing CPAH to rent units at lower rates and provide social services on site to residents. 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3)or(4) CPAH was granted 501(c)(3) status in February 1995 and is exempt from income taxes. 9. A description of the development of the property if the property is being held for future low income housing development The property is being held for future development. 10. Declarations 1. The applicant is aware of all requirements for property tax exemption imposed by city code; 2. The applicant's property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low income persons,will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline; 3. The applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter;and 4. The applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. By: G (,/J Rachael Duke, Executive Director For Community Partners for Affordable Housing SUBSCRIBED and SWORN to before me this u2 day ofFVO1''l/10II , 2-1721/4'1 . 4-12,15OFFICIAL STAMP Natika Leone Holm Notary Public for Oregon (signature) \-.'v,,47,Te NOTARY PUBLIC-OREGON _ `-t COMMISSION NO.1036631 14-CA MY COMMISSION EXPIRES May 1,2027 N`�� `- � J Notary Public for Oregon (Print or Type Name) My Commission Expires OC \ 112_01,1- 2 '-o',T2 of 2 2/6/2024, 11:27 AM City of Tigard TIGARD Memorandum To: Eric Kang, Finance Director From: Schuyler Warren, Senior Planner Re: New Narrative 2024 Applications for Tax Exemption Date: March 18, 2024 New Narrative has submitted separate applications for low-income housing tax exemptions for each of the three properties it owns inside the city. The three properties are located at 10829, 10843, and 10855 SW Hall Blvd. These three properties provide 25 units of affordable housing that is income restricted through a restrictive covenant. Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing, provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. New Narrative submitted with their applications a copy of an Internal Revenue Service letter, dated October 17, 1994,verifying that the organization (named as Luke-Dorf) qualifies as a 501(c)(3) organization. The organization also submitted an IRS acknowledgement of the change of name from Luke-Dorf to New Narrative. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. New Narrative has submitted Articles of Incorporation demonstrating that upon dissolution,the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose.This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. Documents submitted by New Narrative demonstrate that in the case of all three of its developed projects, tenant income is restricted to households with income at or below 60% of the area median income (AMI), based on a restrictive covenant.This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. New Narrative is applying for full exemption at all three properties. New Narrative has submitted documents demonstrating that all three properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor.This criterion will be met upon approval by City Council. Conclusion: New Narrative has been operating these properties within the city for number of years but has not applied for tax exemption in the past.The organization provides affordable housing and behavioral health services to low- and very low-income residents and qualifies under the criteria. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to New Narrative is consistent with the applicable TMC standards and with adopted city housing policies. ONEW NARRATIVE'" Integrative Mental Health Sage House 10855 SW Hall Blvd.Tigard OR 97223 1. The applicant's name, address,and telephone number New Narrative Attn: Bashar Kasim 8915 SW Center St Tigard OR 97223 503-501-5278 2. The assessor's account number for each site R2052933 3. The number of units and the exempted amount of each property being applied for under this chapter 5 4. A description of the property for which the exemption is requested Affordable housing for very low-income tenants (SRO units) 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose To provide affordable housing and behavioral health services to low-and very low-income residents. All of the property is being used for this purpose. 6. A certification of income levels of low income occupants Attached 7. A description of how the tax exemption will benefit project residents Gives the ability to expand service programs, maintain low rents, and offer behavioral health services to those in need 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3) or(4) Attached 9. A description of the development of the property if the property is being held for future low income housing development N/A 8915 SW Center St.Tigard, OR 97223 Tel 503.726.3690 Fax 503.726.3691 NewNarrativePDX.org FONEW NARRATIVE Integrative Mental Health PLUSS 10843 SW Hall Blvd Tigard OR 97223 1. The applicant's name, address,and telephone number New Narrative Attn: Bashar Kasim 8915 SW Center St Tigard OR 97223 503-501-5278 2. The assessor's account number for each site R2052934 3. The number of units and the exempted amount of each property being applied for under this chapter 10 4. A description of the property for which the exemption is requested Affordable housing for very low-income tenants 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose To provide affordable housing and behavioral health services to low-and very low-income residents. All of the property is being used for this purpose. 6. A certification of income levels of low income occupants Attached 7. A description of how the tax exemption will benefit project residents Gives the ability to expand service programs, maintain low rents, and offer behavioral health services to those in need 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3) or(4) Attached 9. A description of the development of the property if the property is being held for future low income housing development N/A 8915 SW Center St.Tigard, OR 97223 Tel 503.726.3690 Fax 503.726.3691 NewNarrativePDX.org ONEW NARRATIVE'" Integrative Mental Health PLUSS 10829 SW Hall Blvd Tigard OR 97223 1. The applicant's name, address,and telephone number New Narrative Attn: Bashar Kasim 8915 SW Center St Tigard OR 97223 503-501-5278 2. The assessor's account number for each site R2052935 3. The number of units and the exempted amount of each property being applied for under this chapter 10 4. A description of the property for which the exemption is requested Affordable housing for very low-income tenants 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose To provide affordable housing and behavioral health services to low-and very low-income residents. All of the property is being used for this purpose. 6. A certification of income levels of low income occupants Attached 7. A description of how the tax exemption will benefit project residents Gives the ability to expand service programs, maintain low rents, and offer behavioral health services to those in need 8. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501(c)(3) or(4) Attached 9. A description of the development of the property if the property is being held for future low income housing development N/A 8915 SW Center St.Tigard, OR 97223 Tel 503.726.3690 Fax 503.726.3691 NewNarrativePDX.org FONEW NARRATIVE- Integrative Mental Health 8915 SW Center St.Tigard, OR 97223 Tel 503.726.3690 Fax 503.726.3691 NewNarrativePDX.org raDepartment of the Treasury Internal Revenue Service Date: Tax Exempt and Government Entities June 17, 2021 IRSPO Box 2508 Employer ID number: Cincinnati, OH 45201 93-0685734 Form 990 required: 990, Yes Person to contact: NEW NARRATIVE Name: Melissa D Fields 8915 SW CENTER ST ID number: 0194416 TIGARD,OR 97223 Dear Sir or Madam: We're responding to your request dated September 29,2020, about your tax-exempt status. We issued you a determination letter in January 1978, recognizing you as tax-exempt under Internal Revenue Code (RRC) Section 501(c)(03). We also show you're not a private foundation as defined under IRC Section 509(a)because you're described in IRC 170(b)(I)(A)(vi). Donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax-deductible bequests, legacies, devises,transfers, or gifts under IRC Sections 2055, 2106, and 2522. In the heading,we indicated whether you must file an annual information return. If you're required to file a return, you must file one of the following by the 15th day of the 5th month after the end of your annual accounting period. • Form 990, Return of Organization Exempt From Income Tax • Form 990-EZ, Short Form Return of Organization Exempt From Income Tax • Form 990-N,Electronic Notice(e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or Form 990EZ • Form 990-PF, Return of Private Foundation or Section 4947(a)(1)Trust Treated'as Private Foundation • According to IRC Section 6033(j), if you don't file a required annual information return or notice for 3 consecutive years,we'll revoke your tax-exempt status on the due date of the 3rd required return or notice. You can get IRS forms or publications you need from our website at www.irs.gow forms-pubs or by calling 800-TAX- FORM (800-829-3676). If you have questions,call 877-829-5500 between 8 a.m. and 5 p.m., local time, Monday through Friday (Alaska and Hawaii follow Pacific time). Thank you for your cooperation. Sincerely, ,."74, Stephen A, Martin Director, Exempt Organizations Rulings and Agreements Letter 4168 (Rev. 09-2020) Catalog Number 66666G 17, E IRSDepartment of the Treasury Internal Revenue Service In reply refer to : 0424646387 OGDEN UT 84201-0046 Dec . 17, 2020 LTR 252C 0 93-0685734 000000 00 Input Op: 0424646387 00007123 BODC: TE NEW NARRATIVE 8915 SW CENTER ST TIGARD OR 97223-6307 027399 Taxpayer Identification Number : 93-0685734 Dear Taxpayer : Thank you for the inquiry dated Dec . 08, 2020 . We have changed the name on your account as requested. The number shown above is valid for use on all tax documents . If you need forms, schedules, or publications, you may get them by visiting the IRS website at www. irs.gov or by calling toll-free at 1-800-TAX-FORM ( 1-800-829-3676) . If you have any questions, please call us toll free at 1-877-829-5500 . If you prefer , you may write to us at the address shown at the top of the first page of this letter . Whenever you write, please include this letter and, in the spaces below, give us your telephone number with the hours we can reach you . Also, you may want to keep a copy of this letter for your records. Telephone Number ( ) Hours Sincerely yours, 5411.4t4- C214: 1°.( Sheri L . Steed Entity Department Manager Enclosure(s) : Copy of this letter Internal Revenue Service Department of the Treasury District P.O. Box 2350 Los Angeles,Calif.90053 Director Person to Contact: n..Luke-Dorf L. Barragan 10313 SW 69th Telephone Number: Portland, or 97223-9103 (213) 894-2336 E0 Refer( 01394) Date: OCTOBER 17, 1994 RE: Luke-Dorf EIN: 93-0685734 Dear Taxpayer: This letter is in response to your request for a copy of the determination letter for the above named organization. Our records indicate that this organization was recognized to be exempt from Federal income tax in August 1977 as described in Internal Revenue Code Section 501(c) (3) . It is further classified as an organization that is not a private foundation as defined in Section 509 (a) of the code, because it is an organization described in Section 170(b) (1) (A) (vi) . The exempt status for the determination letter issued in August 1977 continues to be in effect. If you need further assistance, please contact our office at the above address or telephone number. Sincerely, Fl Disc osure Ass ant form HUD-40090-4 23 ( IOnnA\ • NO. • w NONPROFIT - - ARTICLES OF INCORPORATION ituategria el !Lemmaseeue, OP AUG 11977 MU J. LUXE-DOBE COMMON qu The undersigned natural persons of the age of 18 years or more, all of whom are citizens of the United States, acting as incorporators under the Oregon Nonprofit Corporation Law, adopt the following Articles of Incorporation: ARTICLE I - The name of this corporation is LUXE-DORF and its duration shall be perpetual. ARTICLE II - The purpose or purposes for which the corporation is organized are: 1. To provide and maintain care facilities in the State of Oregon for mentally or emotionally disturbed adults. 2. To coordinate and assist in individual androup counselling, vocational training, employment and other activities which would enable mentally or emotionally disturbed individuals to return to normal living and beneficial service within families and communities. 3. Said corporation is organized exclusively for charitable, religious, educational and scientific purposes including, for such purposes, the making of distributionsrto organisations that qualify as exempt organizations under section S01(c)(3) of the Internal Revenue Code of 1934 (or the corresponding provision of any future United States Internal Revenue Law). ARTICLE III - The address of the initial registered office of the corporation is: 1331 3. N. Broadway, Ported, Oregon 97201 and the name of its initial registered agent at such address is: Richard Wm. Davis ARTICLE IV - The number of directors constituting the initial board of directors of the corporation is five (5), and the names and addresses of the persons who are to serve as directors until the first annual meeting or until their successors are elected and shall qualify are: John MacGregor 416 M. 4th, Carlton, Oregon 97111 Doris Heigel Rt. 3, Box 140B, Sherwood, Ore. 97140 Merriley Smith Route 4, Box 342C, Newberg, Ore. 97132 Robert Smith Route 4, Box 342C, Newberg, Ore. 97132 Rev. Theodore P. Brueckner - Rt. 1, Box SS9, Beaverton, Ore. 97005 .� . • • , . • I • ARTICLE V - The name and address of each incorporator is: John MacGregor 416 Sl. 4th, Carlton, Oregon 97111 Doris Hiegel Rt. 3, Box 140B, Sherwood, Ore. 97140 Norriley Smith Rt. 4, Sox 342C, Newberg, Oregon 97132 Robert Smith Rt. 4, Box 342C, Newberg, Oregon 97132 Rev. Theodore R. Brueckner - Rt. 1, Box SS9, Beaverton, Ore. 97005 ARTICLE VI - The provisions for the distribution of assets on dissolution or final liquidation are: Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the • corporation, exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify as an exempt organi- sation or organizations under section S0l(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Lai), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the Circuit Court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. ARTICLE VII - No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attemptingto influence legislation, and the corporation shall not participate n, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be c..r-ied on (a) by a corporation exempt from Federal income tax under section S01(c)(3) of the Internal Revenue Code of 1954 (or the correspondingprovision of any future United States Internal Revenue Law) or (b) y a co: oration, contributions to which are de- ductible uncles section 170(c)(2) of the Internal Revenue Code of 1954 (or the corresponding provision .of-any'future United States Internal Revenue Law). We, the undersigned incorporators, declare under penalties of perjury that we have examined the foregoing and to the best of our knowledge and belief, it is true, correct and complete. . ie . ,7 ••. . /i. .` It . air DATED: July kr; 1977 _ TIS ._ IIPLIUMPF,, .. Y. ' ♦ ♦ • .'tea. '. Tea FILE NO. /0 -- g 211 Articles Mt • OMIAMOMP MOM er DEC 71977 FRINKJ. HEALY LUXE-OORP I,.1! 11MlOIl cOMMISINI 1 • Pursuant to ORS 01.370 these Articles of Amendment were adopted by the undersigned corporation: I. The present (not new) corporate nam=PORP r:l 1. . ilibil has SIM 2. The following amendment of the Articles of Incorporratiom was adopted in the manner prescribed ,i) by the Oregon Nonprofit Corporation Act: (Set forth an cia(s)in full as ud!l be amended to read.) ARTICLE VII - No part of the not earnings of the corporation shall inure to the benefit of, or be distributable to its s, trustees, officers, or other private persons, except that the corporation shall be authorised and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article II hereof. No substantial part of the activities of the corporation shall be carrying on of propaganda, or otherwise attemyting to influence legislation, and the corporation shall not (inciudi the ublish participate in, or intervene in n9 p ing or distribution of statements) any political 1-( campaign on behalf of any candidate for public office. Notwithstanding any 1 other provision of these articles, the corporation shall not carry o any li other activities not permitted to be carried on (a) by a corporation exempt from Federal Revenue Law) or (b) by a corporation, contributions to which are deductible under Section 170(C) (2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) . ARTICLE VIII - The corporation shall distribute its income for each tax year c at such time and in such manner as not to becmao subject to the tax on un- i. distributed income imposed by Section 4942 of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. ARTICLE IX - The corporation shall not engage in any act of self-dealing as defined in Section 4941 Se)) of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. ARTICLE X - The corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Internal Revenue Code of 1954, or corres- 1 , ponding provisions of any subsequent Federal tax laws. ARTICLE XI - The corporation shall not make any investments in such manner as to subject it to tax under .action 4944 of the Internal Revenue Code of 1954, or corresponding provisions of any subsequent Federal tax laws. ARTICLE XII - The corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1954, or corresponding provisions of anysubsequent equent Pederal tax laws. • 3. (Check below the statement which is appropriate:) Itg The omerafhiratt was .:.r.Y.,, at a :nesting of the Board of Directors on 8wpta ibew 619_ZZ, and received the vote a majority of the directors in office, there being no members having voting rights in respect thereof. Q The amendment was adopted at a meeting of the members on _- .__., 19.._._,at which a quorum was present. and the amendment received at least two-thirds of the votes which mem- bers present or represented by proxy at such meeting were entitled to cast. Q The amendment was Mted by a consent in writing signed by all members entitled to vote with re- spect • We, the undersigned, declare underties of perjury that we have examined the foregoing and to the best of our knowledge and belief, it ispenal true,correct and complete. • WKS-DORF Present(not new)Corporate Name • By (?-fri-e4-1 :66and — -..- Its President Its Secretary • Dated ,�.�gf �' 2� • ialZ. • • • • .2y _ • eMMilloolOnn Mriw r '0 ' - , IANYOPSTAN /rf#erIAO•rMa111011M LY rem ~....' ,= wwr , i tp 121h Wen NI LED negfeby Number: `, _, Sam,ON 973/0 10 f.. ; •• T~�'E tAPt { =min Ok 4.4T .4 i� S'aTEO ORE. - DEC 24 1592 RESTATED ARTICLES OF INCORPO •y omu" Nowise Caporatlolt I. Name Wee osepoation Pip amendment Luke-Dorf 2. Wilton*of the oofpof Mon Of olearped): Luke-Dorf, Inc. 3. A espy of the restated Melee Is allsefed. 4. Check the appopdate statement ® The restated aides contain amendments whleh do not mph membership i' The dateofadoption of the amendments and resealed rime beer 2r}, u amendments acre duly adopted by the board ofdirectors. Q The metaled Moles aomein amendments sideb requite Grp approval. The dote of the adoption of the amendments and restated Moles via, 111.. The vote of the mambos sms as follows: Clesetew ended Number at members NueberalvNN. Number et voles rem beraf voce b vole waled awls NNW hi be wet awl for are eons • ExseubanAtie,./1 Gordon Teifel p e ¢ePt Printediname Pagan to COMMabout this tip: Judie L. Honda (503) 2 4-963 Name phone number Ms shins oldie le the Oorpennen OMttloe. Steen the eefpleled torn and fes OapomMeen OMI01en, anehreee Recestra18e Nth then Na,seem,Orolpn l7St0.0210. NP4 MO) 02- 1 222^89202313 831.2219 18.88 `'� I:: } IMAM 11011P2071/ AINICLIN OF INCONON OF LVII•0011r, INC. AMsxCLI i The none of the corporation is Lulu.-Dorf, inc. AMMO ii PURPOSE the corporation is organised and shall be operated exclusively as a charitable organisation which shall have and may exercise all of the rights and powers given to a nonprofit corporation under the Oregon Nonprofit Corporation Lay. Without limiting the foregoing, the corporation will provide residential and supportive services for adults with severe and persistent mental illness. ARTICLE III assoucnon The corporation is intended to quality as a tax- exempt organisation described in Section 501(c) (3) of the internal Revers. Code of 1956, as amended (•Code•). Notwithstanding any other provision of these articles, the corporation shall not carry on any activities not permitted to 4 12A73g°iq be carried on (a) by a corporation exempt from federal income tax ; 4,- Section 101(o)(3) of the Coda, or corresponding provisiar if any future federal tax oode, or (b) by a corporation, contributions to Which are deductible under Section 170(c)(=) of the code or corresponding provisions of any future federal tax code. Without uniting the generality of the foregoing, no part of the net earnings of the corporation shall inure to the benefit ot, or be distributable to its members, directors, officiate, or other private persons, except that the corporation shall be authorised and empowered to pay reasonable compensation for services rendered and to mats payments and distributiems in furtherance of the purposes set forth in Article U. So substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation. fte corporation shall not participate in, or intervene in (including the publishing of statements) any political campaign on behalf of any candidate for public office. Oaring any period of time in 'daft the corporation Mall be classified as a private foundation within the meaning of Section 909 of the Code or corresponding provisions of any future federal tax law, the corporation shall not engage in any act of self-dealing as defined in Section 4941(d) of the Code; shall distribute its imam and, when necessary, amounts from principal at such time and in such manner as not to a iza73a- 9 subject the corporation to the taxes an the failure to distribute moor imposed by /action 4942 of the Code; shall not retain any excess business holdings as defined in Section 4043(d) of the Code; shall not nab@ any investments in sea manner as to subject the corporation to the taxes on investments shish jeopardise chnaritabie purposes imposed by Section 4944 of the Code, and shall not make any taxable expenditures as defined in Section 4949(d) of the Code. AnTICIa IV OIA9011011011 was the dissolution or final liquidation of the corporation, atter the payment or provision for payment of all of the liabilities of the corporation, all of the remaining assets shall be distributed to one or more tax exempt organisations described in section 901(0)(2) of the Code, or the corresponding provisions of any future federal tax cods, selected by tha board of directors. dnicia V 029Ionaffax lbe corporation is a public benefit corporation. 3 . : 1:22 732- • minas VI The corporation mall have no mamsgaro. acts VIZ BLININATION OF MUM LIABILITY No director or uncompensated attic= of the corporation shall be personally liable to the corporation for monetary damages for conduct-as a director or officer: and no officer of the corporation shall be liable to tha corporation or other person for any action taken or not taken as an officer if the officer acts in oompliarva vitas the standards of conduct for officers set forth in Chapter 65 of the Oregon Revised statutes; provided however, that this provision shall not eliminate the liability of a director or officer for any condnat for which liability may not be eliminated under Chapter 65 of the Oregon Nwised Statutes. No amendment to Chapter 65 of the Oregon Revised Statutes that further limits the acts or omissions for thich elimination of liability is permitted shall affect the liability of a director or officer for any act or omission which 000nra prior to the effective date of the amendment. MIMS 4 732—Ft AMMO Viii $0 111110011710.21011 'Oh. Qoeporation is not required to indemnity an officer or director rho i. wholly .uooa.tul, on the merits or otherwise, in the defease et any promoting to 'blah the •ffioor or diraotor was a party because of b.in0 an officer or director of the vorporatios. AMTICLI Vial MUM UMW Motives say be nailed to the Corporation•s principal ottioe at 10313 SW 66th kVenw, ligasd, Oregon 67323-6103. mists 5 '• • • fisoribay of Mate • Carpathian Division :•, 265Cupia18bwen,Susie 151 4 122738-19 Shun.OR 57310.1327 OSIOINSTF '' Wpie DOMESTIC NONPROFIT ,s,,Ne1 CORPORATION wawassamaraskaporallonicanapian JON MEUSCN • "`.�� - -- FAX MOM MONS R R�LUICSOORF.INC. NOV 1 d 2005 !INSTATEMENT A Imes siourviwarsurit Pions aolnplolsaidchum his Inter and say nnelowtddoamnscdsbr 115rothe nopissIod Subunit$100.00 brim repeed Ms& Ths above administrative 'is Vito be satin an the hoadu d Ow Capaalion Di�idon. The ollecM die o1 The resson(s)far dissolution has Oxon am insisd or did not eta fkAtAlitueltd.- - Dass: 1121.40S7 elpialura) M /ass s ihu5I ld se this dominant SO naJsOmdable and ab be INN far 46 dors,litho document is .- ; for lig wmYn 45 days no addiuond lass WI be due unless oiisnlise staled in Ws Nam Business Regetrlr . • NON /0`G `� 2 o 1 3 /. 1a l s '4."1.,4:- .,, rt .•' Articles of Amendment-Nonprofit �,�,,, �j, Secretary of State-Corporation Division-255 Capitol St.NE,Suite 151-Salem,OR 97310-1327-http://wuvw.FflinglnOregon.com-Phone:(503)989-2200 - FILED Imo ,= REGISTRY NUMBER: 122738-19 JUL 11 2016 • OREGON In accordance with Oregon Revised Statute 192.410-192.490,the information on this application Is public record. SECRETARY OF STATE We must release this Information to all parties upon request and It will be posted on our website. For office use only Please Type or Print Legibly In Black Ink. . 1) ENTITY NAME: Luke-Dorf, Inc. . 2) STATE THE ARTICLE NUMBER(S):end set forth the articles)as It Is amended to read.(Attach a separate sheet if necessary.) Article VIII is amended to read in its entirety as follows (see attachment) 3) THE AMENDMENT WAS ADOPTED ON: 05/28/2016 . (It more than one amendment was adopted,Identify the date of adoption of each amendment.) 4) CHECK THE APPROPRIATE STATEMENT: 0 Membership approval was not required.The amendment(s)was approved by a sufficient vote of the board of directors or incorporators. ©Membership approval was required. The membership vote was as follows: Class(es)entitled Number of members Number of votes entitled Number of votes cast Number of votes cast to vote entitled to vote to be cast FOR AGAINST Non-Profit 6 6 6 0 6) EXECUTION:(Must be signed by at least one officer or director.) By my signature,I declare as an authorized authority,that this filing has been examined by me and is,to the best of my knowledge and belief,true, correct,and complete.Making false statements in this document is against the law and may be penalized by fines,imprisonment or both. Signature: Printed Name: Title: —...--..\ 11\_-- c`---- John Trinh CEO CONTACT NAME:(To resolve questions with this filing.) LU -DOBE INC. John Trinh R N PHONE NUMBER:(Include area code.) 503-726-3702 P N1L1111111A11$11112/I!/IIIIIIIIIIiiiiiiii F ANDAR 31-Articles of Amendment-Nonprofit(03/12) ARTICLES OF AMENDMENT OF LUKE-DORF,INC. ARTICLE 1 Name The name of the corporation is Luke-Dorf,Inc. ARTICLE 2 Amendment • ARTICLE VIII is amended to'read in its entirety as follows: 8.1 Indemnification. The Company will indemnify an individual against liability incurred in a proceeding to which the individual was made a party because the individual is or was a director or officer to the fullest extent permitted by law. 8.2 Payment of Expenses. The Company will pay for or reimburse the reasonable expenses incurred by a director or officer who is a party to a proceeding in advance of final disposition of the proceeding to the fullest extent permitted by law. 8.3 No Elimination or Impairment. 8.3.1 The Company may not amend these Articles of Incorporation or the Company's bylaws so as to eliminate or impair a director's or officer's right to indemnification after an act or omission occurs'that subjects the director or officer to a proceeding or to liability for which the director or officer seeks indemnification under the terms of these Articles of Incorporation or the Company's bylaws. 8.3.2 The Company may not amend or rescind these Articles of Incorporation,the Company's bylaws,or a resolution that authorizes a payment of expenses so as to eliminate or impair a director's or officer's right to payments after an act or omission occurs that subjects the director or officer to a proceeding for which the director or officer seeks payment. ARTICLE 3 Date of Adoption This amendment was adopted on May 286,2016. ARTICLE 4 Approval - This amendment was adopted by board of directors without shareholder action. Shareholder action was not required. 1—ARTICLES OF AMENDMENT ) a3-7e -(-9 ARTICLE 5 Effective Date These articles of amendment will become effective on May 281,2016 Dated: May 28th,2016 Luke-Dorf,Inc. RJhni\---- Trinh Its: CEO • Person to contact about this filing: John Trinh Daytime phone number: (503)726-3702 2—ARTICLES OF AMENDMENT �:�; ':>' Articles of Amendment-Nonprofit iaVt r H Secretary of State- Y,i 1 , ry Corporation Division-255 Capitol St.NE,Suite 151-Salem,OR 97310-1327—sos.oregon.gov/businesa-Phone:(503)966-2200 FILED: SEP 18, 2020 • OREGON SECRETARY OF STATE REGISTRY NUMBER: 122738-19 UI 111111 IIIIII WIIIII I O11 1111 III • • 12273819-21409830 • In accordance with Oregon Revised Statute 192.410-192A90,the information on this application is pr NEW NARRATIVE. AMDART We must release this information to all parties upon request and it will be posted on our website. For office use only Please Type or Print Legibly in Black Ink. 1) ENTITY NAME: Luke-Dorf, Inc. 2) STATE THE ARTICLE NUMBER(S):and set forth the article(s)as it is amended to read.(Attach a separate sheet if necessary.) . Article I:The name of the corporation is NEW NARRATIVE. 3) THE AMENDMENT WAS ADOPTED ON: July 24, 2020 Of more than one amendment was adopted,identify the date of adoption of each amendment) 4) CHECK THE APPROPRIATE STATEMENT: 0 Membership approval was not required.The amendment(s)was approved by a sufficient vote of the board of directors or incorporators. El Membership approval was required. The membership vote was as follows: Class(es)entitled Number of members Number of votes entitled Number of votes cast Number of votes cast to vote entitled to vote to be cast FOR AGAINST Non-profit 10 10 10 0 t 5) EXECUTION:(Must be signed by at least one officer or director.) I declare as an authorized signer,under penalty of perjury,that this document does not fraudulently conceal,obscure,alter,or otherwise misrepresent the Identity of any person including officers,directors,employees,members,managers or agents. This filing has been examined by me and is,to the best of my knowledge and belief,true,correct and complete. Making false statements In this document is against the law and may be penalized by fines,Imprisonment, or both. Signature:tI� Printed Name: Title: John Trinh CEO . -- CONTACT NAME:(To resolve qu@stions with this filing.) FEES 11 John Trinh• i Required Processing Fee 350 PHONE NUMBER:(Include area code.) t{ No Fee for Nonprofit Type Change. 503-726-3702 ` Processing Fees are nonrefundable. Please make check payable to'Corporation Division.' I Free copies are available at sos.oreoon.govlbuslness,using the Business Name Search program. 31-Articles of Amendment-Nonprofit(11117) Washington County,Oregon 2005-133472 10/25/2005 03:59:16 PM D4PP111 Cnt■1 Stn=21 RECORDSI $20.00$6.00$11.00-Total a$37.00 11 I 11111 I 11111111 I 111 111 00855897200501334720040040 I,Jerry Hanson,Director of A ment and Taxation r •+ and Ex-Officio County Clerk for Washington County, 4y.•�'.,. Oregon,do hereby certify that the within instrument of ,, Return Recorded Document To: writing was received and recorded in the book of y S 1; r Oregon Housing and Community Services record.acounty. Jerry R.Hannsosa n,Direetorbti4 ment and Taxation, s..t_ PO Box 14508 Ex-Officio County Clerk Salem,Oregon 97309-0409 Attn:Jeffrey Puterbaugh—Housing Development Representative SPACE ABOVE FOR RECORDER'S USE HOUSING DEVELOPMENT GRANT PROGRAM PROJECT USE AGREEMENT THIS AGREEMENT is made this 19 day of 0G-1-1) ,2005,between Luke- Dorf,Inc. ("Recipient")and Oregon Housing and Community Services("OHCS,""Department"). PART I: PURPOSE Department has made available to Recipient a conditional grant in the amount of One Hundred Thousand Dollars($100,000.00)("Grant")to partially meet the costs of rehabilitation of a five bedroom group home project in Tigard, Oregon,more particularly described in Exhibit A hereto, known as Edwin House ("Project"). PART II: COMMITMENT TO AFFORDABILITY Recipient agrees that the Housing Development Grant funds will be used for five-bedroom group home in the Project. The five-bedroom group home will house very low income persons. Very low income is defined as households at or below 50%of the county median income as published annually by the U.S. Department of Housing and Urban Development("HUD"). This commitment to affordability will be effective for a period of Thirty(30)years. If,at any time from the day first written above,the property is used for other than this purpose during this period,the Grant provided by Department may,with reasonable notice,be called by OHCS for repayment to same by or on behalf of Recipient,its successors or assigns. PART III: COMMITMENT TO SOCIAL SERVICE PROGRAMS Recipient agrees that a service plan in accordance with their project description will be offered to residents, a copy of which is attached to this Agreement as Exhibit B and by this reference made a part of it. Recipient further agrees that if at any such time the above-referenced service programs or reasonable substitutes are not being provided,Department may,with reasonable notice to Recipient,call for repayment of the Grant by or on behalf of Recipient,its successors or assigns. PART IV: SUBORDINATION. The Department,at its sole discretion,may subordinate this Agreement to other financing on the Project. Housing Development Grant Program Project Use Agreement-Edwin House - 1 - 1111111111111111 1111111 11111 2005-133472 PART V: FORECLOSURE In the event the construction and/or permanent lender,its successors or assigns,lawfully acquire title to the project through foreclosure or deed in lieu of foreclosure,neither the lender nor any subsequent purchaser of the project following such a foreclosure or deed in lieu of foreclosure shall be deemed a"successor or assign" of the Recipient,and neither the lender nor such subsequent purchaser shall have any obligation to repay the Grant to OHCS and all conditions and restrictions contained herein shall terminate on the date,if any,that the project is so acquired by foreclosure or deed in lieu of foreclosure. IN WITNESS WHEREOF,Department and Recipient have caused this Agreement to be signed by their duly authorized officers as of the first day written above. OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT Betty-Markey,Manag Howar Spanbock Housing Resources Section Title Executive Director STATE OF OREGON ) )ss: County of Marion ) The foregoing instrument was acknowledged before me this 1 qday of 2005,by Betty Markey who is Manager of the Housing Resources Section of Oregon Housing and Community Services,on behalf of OHCS. OFFICIAL SEAL SOFFIUSAN BAILEY Notary Public for the State of Oreg NOTARY PUBLIC-OREGON COMMISSION NO.395046 My commission expires: —O I MY COMMISSION EXPIRES SEPT.08.2009 STATE OF OREGON ) )ss: County of ( -)ASA'NIcrre,ri ) The foregoing instrument was acknowledged before me this 2-/ day of . (15- 2005,by 1 ev-'a-� - SPffospw�. Gwho is the Cxr-c. •r-‘v V bt R(74--rovt-- of tsvLFc ,on behalf of the Recipient. OFFICIAL SEAL } Notary Public for the State of Oregon .,,, DON ESPINOZA 1 My commission expires: k -'8-0 1 t NOTARY PUBLIC-OREGON 1 �I�� COMMISSION NO.386636 MY COMMISSION EXPIRES NOV.8,2008 6 Housing Development Grant Program Project Use Agreement-Edwin House -2- 11111111111111 I 11111111 11111 2005-133472 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: Parcel 1,PARTITION PLAT NO. 1995-086,in the City of Tigard,County of Washington and State of Oregon. PARCEL 2: Parcel 2,PARTITION PLAT NO. 1995-086,in the City of Tigard,County of Washington and State of Oregon. TOGETHER WITH an easement for access over Parcel 1,as delineated on the face of said plat. PARCEL 3: Parcel 3,PARTITION PLAT NO. 1995-086,in the City of Tigard,County of Washington,and State of Oregon. TOGETHER WITH an easement for access over Parcels 1 and 2,as delineated on the face of said plat. Housing Development Grant Program Project Use Agreement-Edwin House -3- • 11111 11111111 I 1111111111 III 2005-133472 EXHIBIT B COMMITMENT TO SOCIAL SERVICE PROGRAMS 1. Describe the specific resident services that will be provided or coordinated for the tenants of this project. Why are these services appropriate for the tenants? List any actual or proposed contractual agreements with local service providers. Describe how resident services will be coordinated with ongoing property management of the project. The target population of adults with persistent mental illness can only be expected to progress in independence and self-sufficiency with intensive wraparound services. Luke-Dorf provides a complete array of psychiatric supports tailored to this population and continually updated to reflect evidence-based best practices with demonstrated outcomes. In addition, Luke-Dorf has collegial relationships with other provider agencies (such as Community Action, LifeWorks NW, Homestreet/Banyan Tree, Community Housing Partners) in case clients need additional resources or are planning to move to another area. Our resident services plan consists of case management, coordination with medical PCP, Dual Diagnosis Treatment program, group individual therapy. Each client's case management plan addresses goals identified by the client and generally includes management of mental health symptoms, engagement in treatment, social support, education financial goals, therapeutic activities such as community involvement, volunteering, and recreation, employment readiness, and housing readiness. 2. Complete the Table below: TYPE OF RESIDENT PROVIDED AT WHO WILL ANTICIPATED SERVICE WHAT LOCATION PROVIDE OR OUTCOME OR COORDINATE GOAL Mental Health Case On-Site or at Client Service Coordinator in 100%of clients will Management Services coordination with other have decreased rate of staff such as therapy hospitalization;progress interns and Dual toward goals as Recovery Program demonstrated on yearly Manager treatment plan update Participation in Dual Client Services Building Dual Recovery Program 95%of clients will Recovery group and and on-site Manager demonstrate longer individual programming periods of sobriety versus prior year Coordinate Client Services Building Dual Recovery Program 50%cls,will make services/referrals to Manager/Service Coord progress toward outside agencies employment and perm. hsg goals Housing Development Grant Program Project Use Agreement-Edwin House -4- City of Tigard TIGARD Memorandum To: Eric Kang, Finance Director From: Schuyler Warren, Senior Planner Re: NHA 2024 Applications for Tax Exemption Date: March 6, 2024 Northwest Housing Alternatives (NHA) has submitted an application for low-income housing tax exemptions for a property that the organization intends to take occupancy on prior to the end of the calendar year. This property is currently subject to no property taxes because the underlying land is owned by the City of Tigard. The city leased the property to NHA for the development of affordable housing.The tax exemption would be applied to these improvements to the property Addresses: 8815 SW O'MARA ST Tax Lots: 2S102DB09600 Real Property Account #s: R2214598 Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing,provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. NHA submitted with their applications a copy of an Internal Revenue Service letter, dated August 24, 1989,verifying that NHA qualifies as a 501(c)(3) organization. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. NHA has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose.This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. NHA has provided signed and recorded affordability covenants stating that the properties will be occupied by qualifying of low income persons.This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. NHA has submitted signed documents stating that all seven properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. This criterion will be met upon approval by City Council. Conclusion: Staff had determined that the above-named properties owned by NHA meet the criteria for tax exemption. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to NHA is consistent with the applicable TMC standards and with adopted city housing policies. Northwest Housing 2316 SE Willard, Milwaukie,Oregon 97222 Alternatives p: 503.654.1007 • f:503.654.1319 • www.nwhousing.org Wednesday,January 17,2024 City of Tigard Attn:Schuyler Warren Senior Planner/Community Development 13125 SW Hall Blvd, Tigard, OR 97223 Re:Tax Exemption Application Schuyler, Please review our application for tax exemption for 2024/2025 provide by sections in 3.50 of Tigard City Code. A. The application must include the following information 1. The applicant's name,address, and telephone number: a. Northwest housing Alternatives b. 2316 SE Willard St., Milwaukie, OR 97222 c. 503-654-1007 2. The assessor's account number for each site; a. Property Tax Account Number R2214598/Tax Lot ID 2S102DB09600 3. The number of units and the exempted amount of each property being applied for under this chapter; a. 58 b. 100% Page 1 of 4 Northwest Housing 2316 SE Willard,Milwaukie,Oregon 97222 Alternatives p: 503.654.1007 . 1:503.654.1319 • www.nwhousing.org 4. A description of the property for which the exemption is requested; a. Alongside Senior Apartments, partnership name Tigard Senior Housing LP, is located on City of Tigard land directly adjacent to the Tigard Senior Center, Fanno Creek natural area,and Tigard City Hall and within easy walking distance of public transit.These apartments provide 57 apartment homes for seniors age 62 and older and one manager's unit.The project includes 40%of its units serving 30% AMI or below primarily through the use of project based rental assistance in alignment with Metro Bond goals.The remaining 60%of units serves 50%AMI or below through the use of OAHTCs that were awarded to the project with OHCS and Umpqua Bank. The apartment homes come with fully equipped kitchens,dishwashers,walk-in showers,walk-in closets,air-conditioning,and emergency response.The project includes community outdoor space,a lounge with fireplace and a community room with a teaching kitchen. Other amenities include a private meeting room adjacent to the lobby, laundry facilities,covered outdoor seating areas,and an enclosed roof top amenity space. In an attractive wooded setting with creek access and within the newly developing and highly walkable Tigard City core, residents enjoy active lifestyles and community connections.Onsite resident services provide links to opportunities for stability,growth,community building and independence. Connections with the directly adjacent Tigard Senior Center will provide meals, exercise,financial and legal education and supports and transportation connections for medical,shopping and community activities. 5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose; a. Northwest Housing Alternatives is a 501(c)(3)exempt organization whose purpose is to develop affordable housing.We are the leading nonprofit affordable housing developer in Oregon with a current portfolio of 1848 units across 16 counties.The money we save from property tax exemptions is funneled directly back into operations and further helps us to carry out our mission. 6. A certification of income levels of low income occupants; a. Please see the attached Reservation and Extended Use Agreement with OHCS. Page 2 of 4 Northwest Housing 2316 SE Willard,Milwaukie,Oregon 97222 Alternatives p: 503.654.1007 • f:503.654.1319 • www.nwhousing.org 7. A description of how the tax exemption will benefit project residents; a. The savings resulting from the exemption helps to fund our resident services program at the property and is critical to making low-income housing development projects possible.With the reduction in costs,we have more cash flow to take on private debt,which means we are able to construct the project with higher quality building materials and therefore enhanced durability. It also allows us to provide greater amenities.Without the property tax exemption,the dwelling's quality would be reduced and the property would be less able to service its residents over the committed affordability period. 8. A declaration that the corporation has been granted an exemption from income taxes under the 26 U.S.C.Section 501(c)(3)or(4); a. See attached IRS 501(c)(3)confirmation letter 9. A description of the development of the property if the property is being held for future low-income housing development; and a. Building is now leased 10. Any other information required by state or local law or which is otherwise reasonably necessary to effectuate the purposes of this chapter at the time the application is submitted. B. The application must include the following statements: 1. That the applicant is aware of all requirements for property tax exemption imposed by this chapter; 2. That the applicant's property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low-income persons,will qualify for exemption at the time of application approval or within 0 days of the March 1 application deadline; 3. That the applicant acknowledges responsibility for compliance with the Tigard Municipal Code, regardless of whether the applicant obtains the exemption provided by this chapter;and 4. That the applicant agrees to furnish other information which is reasonably necessary to fulfill the objectives of this chapter. Page 3 of 4 Northwest MI Housing 2316 SE Willard, Milwaukie,Oregon 97222 Alternatives p: 503.654.1007 • f:503.654.1319 • www.nwhousing.org C. The applicant must verify the information provided in this application as required by subsections A and B above by oath or affirmation. (Ord. 19-17 1;Ord.96-34) All the information in this application is true to the best of my belief and knowledge and is for the purpose of determining eligibility for the tax exemption program authorized by ORS 370.540-370-548. x______elifLe&„vt.oteA4(tt,)„L Trell Anderson Executive Director For: Northwest Housing Alternatives Subscribed and Sworn to before me this 5T day of FEgRu -t-- 1O2J . X .,& 7161fhle774,1 tif;1'•>, OFflCIALSTAMP Nicole Kathryn Freeman K " NICOLE KATHRYN FREEMAN "` NOTARY PUBLIC-OREGON Notary Public for Oregon •;;� COMMISSION NO.1021879 MY COMMISSION EXPIRES MARCH 03,2026 My Commission Expires MAR-1'14 D31 202(0 Page 4 of 4 ^tib` . .:.s,-.s a_..:+: �,-::. 'f?',� .�.,r •..,.aZ",jF;gr,s. xa_ . ,..t #, +a'^,.."x.. _..._,rte :-;t,.•. -.tv. - 1 77. FILED ' AUG 1 7 1995 l secretary of State ; CERTIFICATE ACCOMPANYING AMENDED AND RESTATED ARTICLES OF INCORPORATION OF NORTHWEST HOUSING ALTERNATIVES, INC. PURSUANT TO ORS 65.451(6) ",i I. The name of the corporation is Northwest Housing Alternatives, Inc. 2. A copy of the Amended and Restated Articles of Incorporation of Northwest Housing l Alternatives, Inc. is attached hereto. 3. The corporation has no members. ,'.. • 4. The Amended and Restated Articles of Incorporation of Northwest Housing Alternatives, Inc. contain amendments which require approval by the Board of Directors. 5, The Amended and Restated Articles of Incorporation were approved on August 14, 1995 by a majority of the Board of Directors at a meeting properly called for that purpose" I declare under penalty of perjury that I have examined the foregoing and to the best of my knowledge and belief it is true, correct and complete. tp Dated this fourteenth day of August, 1995. t: - ' f1 By / /A./ 14.A Winston Ku a Secretary/Treasurer .a.:. • i Person to contact about this filing: B John H. Gadon J Garvey. Schubert & Barer 121 S.W. Morrison Street /i Portland, Oregon 97204 , i• (503) 228-3939 Daytime Telephone Number / ;,2 75214/32112-00200 e [1s 1 g95t321122 631 .219 10.00 y" NORTHWEST HOUSING ALTERNATIVES,' 1'! ✓� �!p�' � \•....--7N.......--''4 i'�..r�_ ``, 15897713-245282 -•- NBA..., =,\—Tri ��"t.. �� __. ,- . 5-N-5 7 7-1.3-- _ a.: ' AMENDED AND RESTATED ARTICLES OF INCORPORATION OF . 4 NORTHWEST HOUSING ALTERNATIVES, INC., A NONPROFIT.PUBLIC BENEFIT CORPORATION 1 ARTICLE I a i' Name; Duration; Public Benefit Corporation ,_ The name of the Corporation shall be the Northwest Housing Alternatives, Inc. and 1_ '` its duration shall be perpetual. This Corporation is a public benefit corporation. ' `. :, • , ''`! ARTICLE H E3 + •f Purposes and Powers C. 2.1 The Corporation is organized and shall be operated exclusively for charitable purposes, within the meaning of Sections 501(c)(3) of the Internal Revenue Code of 1986, as s amended (the "Code"), including, without limitation, (i) the relief of poverty and distress oTT through the development, construction and operation of safe, sanitary and affordable housing s a for, and the provision of related services to, low-income individuals and families, including i' the homeless, elderly and disabled, in Oregon, (ii) combating community deterioration .T4'4through the development, construction and operation of such housing, and by fostering community development in disadvantaged areas and (iii) working with other public and �6' private entities to address the needs of low-income individuals and families in Oregon and to C'. assist such individuals in achieving self-sufficiency. 't 2.2 The Corporation shall have the power to engage in any lawful activity for t. .ir which corporations may be organized under the Act, as amended from time to time, provided that such activities are consistent with the purposes of the Corporation set forth in Section 2.1 and the restrictions and limitations on the corporation set forth in Article III of these • I Articles of Incorporation. ,. 'fes ARTICLE III Restrictions 3.1 Nonprofit Status. The Corporation shall not have or issue shares of stock. The Corporation is not organized for profit, and no part of its net earnings shall inure to the benefit of any Director or Officer of the Corporation, or any private individual, except that the Corporation shall be authorized and empowered to reimburse the expenses of its Directors in accordance with the Bylaws of the Corporation, and to make payments and y distributions in furtherance of the purposes of the Corporation and subject to the Iimitations •`'r 1'` of this Article III. ' ?! 1 il t-- ' 1 ( sI, 7� 7-L3 41. . 3.2 Distributions; Dissolution, No Director of Officer of the Corporation, nor any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the Corporation or the winding up of its affairs. Upon such dissolution or winding up, after paying or making adequate provision for the payment of all of the °r liabilities of the Corporation, all remaining assets of the Corporation shall be distributed by the Board of Directors, for one or more exempt purposes within the meaning of Section. 501(c)(3) of the Code, or corresponding section of any future federal tax code, or shall be distributed to an organization that then qualifies for exemption under Section 501(c)(3) of the Code, or corresponding section of any future federal tax code, or to the federal government or a state or local government, for a public purpose. Any such assets not so disposed of 11 shall be disposed of by the Circuit Court of Clackamas County, Oregon, exclusively for such i purposes or to such an exempt organization or organizations as such Court shall determine. 3.3 Prohibited Activity. t i (a) No substantial part of we activities of the Corporation shall be devoted ', to attempting to influence legislation by propaganda or otherwise except as may be permitted to organizations qualified for exemption under Section 501(c)(3) of the Code, or .T; . corresponding section of any future federal tax code. The Corporation shall not, directly or No indirectly, participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public 1 office. The Corporation shall not have objectives or engage in activities which characterize it as an "action" organization within the meaning of the Code. „ t. (b) Notwithstanding any other provision of these Articles of Incorporation, . the Corporation shall not conduct or carry on activities not permitted to be conducted or 'n carried on (i) by an organization exempt from federal income tax under Section 501(c)(3) of r the Code or corresponding section of any future federal tax code, or (ii) by an organization, contributions to which are deductible under Section 170(c)(2) of the Code or corresponding ' section of any future federal tax code, (iii) by a corporation exempt from the Oregon , ? � Corporation Excise Tax under ORS 317.080, as amended, or corresponding section of any • ,. "1 , future Oregon tax code. - . t f t ARTICLE IV i' Members R The Corporation shall have no members. l Ir i -2- *. . a ,t +4 .rte' ._ _ I ,. t.... „4,‘,...,........„...._,,,,........"...... , ‘.:✓W •\....„..,...‘.....„, mow/ ‘.✓ �...��.ei_\.........,„,......"....,..„......„,'.\..��../�../�.../�.�..:� �\C,�”\✓\—../'moi' .rars. 4.....Vi.4. si _Ni 7.:-...Mb,....f ."-Al..-..r--it-..-'".'k..+a' . :,q.'�, •t�'_.. �--'"r.;f -.1-.. .. aY'.-... lA' ^�.iia. '�,�'- -"\� .s--^l/— _�".`.y„"�• 7. ( 1 1 ,. ARTICLE V Board of Directors 1 The number, manner of election and terms of persons serving on the Board of Directors shall be fixed by the Bylaws of the Corporation; provided, however, that, in no event, shall the number of directors be less than three. ARTICLE VI Bylaws The Board of Directors shall adopt, and shall have the power to amend or repeal, the Bylaws of the corporation, by a majority vote of the Board. i;. ARTICLE VII Limitation of Director Liability l To the fullest extent that the Act, as it exists on the date hereof or may hereafter be \,. amended, permits the limitation or elimination of the liability of Directors and / , "Uncompensated Officers" (as defined in the Act), a Director or an Uncompensated Officer tri of this Corporation shall not be liable to this Corporation for monetary damages for conduct • as a Director or an Uncompensated Officer. Any amendments to or repeal of this Article or /P the Act shall not adversely affect any right or protection of a Director or Uncompensated * T Pe Officer of this Corporation for or with respect to any acts or omissions of any such Director { e -- or Uncompensated Officer occurring prior to such amendment or repeal. { • f 7 i" ARTICLE VIII - ,,,, 11 indemnification To the fullest extent not prohibited by law, the Corporation: (i) shall indemnify any person who is made, or threatened to be made, a party to an action, suit or proceeding, whether civil, criminal, administrative, investigative, or otherwise (including an action, suit or proceeding by or in the right of this Corporation), by reason of the fact that the person is or was a Director or Uncompensatcd Officer of this Corporation, and (ii) may indemnify any t''l person who is made, or threatened to be made, a party to an action, suit or proceeding, x4 whether civil, criminal, administrative, investigative, or otherwise (including an action, suit or proceeding by or in the right of this Corporation), by reason of the fact that the person is 1 or was a compensated Officer, employee or agent of this Corporation, or a fiduciary (within i the meaning of the Employee Retirement Income Security Act of 1974), with respect to any employee benefit plan of this Corporation, or serves or served at the request of this Corporation as a Director or Officer of, or as a fiduciary (as defined above) of an employee 1 benefit plan of, another corporation, partnership, joint venture, trust or other enterprise. -3- '1,. 4 • r " VS----`-ba**-iR..'f4rii,"'....-it4- 4.--t.K, ." ---'c__-C'•1'f..1�t1'•`:ISfff" _ ', . i ( 5- 177- L3 i This Article shall not be deemed exclusive of any other provisions for the indemnification of Directors, Officers, employees, or agents that may be included in any statute, bylaw, at agreement, resolution of shareholders or Directors or otherwise, both as to action in any • official capacity and action in any other capacity while holding office, or while an employee , or agent of this Corporation. ARTICLE.IX Mailing Address The address that the Corporation Division may use for mailing notices to the corporation, which is the principal office of the corporation, is: 2316 S.E. Willard Milwaukie, Oregon 97222 ►1; ARTICLE X Amendment of Articles ' 'wa No G These Articles may be amended only if such amendment is approved by a majority of 21 the Board of Directors. r 4,42 1. These Amended and Restated Articles of Incorporation have been adopted as of the , '11fourteenth day of August, 1995. • inion Kurthp' Secretary/Treasurer . '' In Tigard and other jurisdictions that have adopted the policy of . exemption at ORS 307.540 et seq.,the sponsor that either owns the Person to contact about affordable housing or acts as the general partner of the partnership this filing: must be a 501(c)(3)or 501(c)(4) nonprofit corporation for federal tax purposes. Under the section cited by the City, both ORS 307.541(1)(a) 1' John H. Gadon and ORS 307.541(1)(b)are applicable to the nonprofit corporation, , Garvey, Schubert & Barer rather than the partnership permitted to be the owner under the ' control of the nonprofit corporation under ORS 307.541(4) (and • 121 S.W. Morrison Street, 1 lth Floor permitted to have as its general partner a single-member LLC of which ` Portland, Oregon 97204 a nonprofit is the sole member under ORS 307.022). Just as a I , partnership would not be expected to satisfy the requirement under ORS 307.541(1)(a)that it be either a 501(c)(3)or 501(c)(4) nonprofit Daytime Phone Number: (503) 228 39 `corporation (which it cannot do),similarly subsection ORS 307.541(1) f' 75212.2 y: • (b) is intended to apply to'the [nonprofit] corporation"and is A{ consistent with the federal requirement that 501(c)(3) nonprofits are required to distribute their assets upon dissolution only for exempt ' purposes, i.e.,for religious,charitable,scientific, literary, or !a educ-4ional purposes to other exempt nonprofits or to the federal or state or local government for a public purpose. In this case, NHA is a • 501(c)(3)corporation and as such, its organizational documents restrict the distribution of its assets upon dissolution to other nonprofits : f t ' organized exclusively for exempt purposes—please refer to section 3.2 A of its A&R Articles. N i li ii 1 -._•••-•.„...„� -.....;,� �- --0,,: yak -r.� � r'�w— � ✓.'�.-.---y� x. ' .10—,CS:' *.,;1,, �'tiP- i I ^ .I t *. a J' ' 7 ` : STATE OF OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT 4% LOW-INCOME HOUSING TAX CREDIT RESERVATION AND EXTENDED USE AGREEMENT This 4% Low-Income Housing Tax Credit ("LIHTC") Reservation and Extended Use Agreement (this "Agreement" or"REUA") is made and entered into as of this 1' day of April, 2022 by and between the State of Oregon, acting by and through its Housing and Community Services Department, together with its successors and assigns (hereafter, collectively known as "OHCS")and Tigard Senior Housing Limited Partnership,an Oregon limited partnership(the "Owner"). RECITALS A. Owner is or will be the owner of a one (1) -building, fifty-eight (58) -unit affordable . multifamily rental housing development with common areas (collectively,the "Improvements") located on land in the City of Tigard, County of Washington, State of Oregon,more particularly described in Exhibit A hereto (the "Property"), in which the Owner holds a long-term leasehold interest pursuant to a Ground Lease Agreement between the Owner, as Tenant, and the City of Tigard, as Landlord. The Property, together with the Improvements, are collectively hereinafter referred to as the"Project"and is known as the"Tigard Senior Housing". B. OHCS has been designated by the Governor of the State of Oregon as the housing credit agency for the State of Oregon for the allocation ("Allocation")of 2022 low-income housing tax credit dollars(the"Credit")pursuant to Section 42 of the United States Internal Revenue Code of 1986,as amended(the"IRC"or"Code"). C. Owner has applied to OHCS for a reservation ("Reservation") of an Allocation of Credit to partially assist in the financing of the Project in an aggregate amount not to exceed NINE MILLION SEVEN HUNDRED AND ONE THOUSAND ONE HUNDRED AND THIRTY DOLLARS ($9,701,130), and available in yearly increments with each increment not to exceed NINE HUNDRED AND SEVENTY THOUSAND ONE HUNDRED AND THIRTEEN DOLLARS($970,113). D. OHCS has agreed to make a Reservation of an Allocation of Credit for the Project pursuant to the terms of this Agreement,including the Declaration of Land Use Restrictive Covenants (the "Declaration")to be subsequently executed and recorded by Owner in the official records of the county or counties in which the Project is located,which Declaration is incorporated herein by this reference. The terms of the IRC,all applicable rules,rulings,policies,procedures,regulations,or other official statements promulgated or proposed and published by the United States Department of the Treasury ("Treasury"), the Internal Revenue Service (the "IRS"), or the United States Department of Housing and Urban Development("HUD")from time to time pertaining to Owner's obligations under the IRC or other federal law(collectively,the"Regulations"),the terms of this REUA, the Declaration, applicable OHCS administrative rules, manuals, and directives, and any 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 1 of 23 { other applicable state or local laws, ordinances, or covenants (including all of the foregoing as amended from time to time)are collectively referred to hereinafter as the"Credit Requirements". E. Owner is willing to comply with the Credit Requirements for an Allocation of Credit from OHCS. AGREEMENT For good and sufficient consideration, including the terms and conditions of this Agreement, the parties covenant and agree as follows: SECTION 1 -INCORPORATIONS; DEFINITIONS (a) Incorporation.The foregoing Recitals and Exhibit A are incorporated into this Agreement by reference to the same extent and with the same force and effect as if fully set forth herein, provided, however,that the Recitals and Exhibit A shall not be deemed to modify the express provisions hereinafter set forth.Identified documents are incorporated as herein described. (b) Definitions. All the words and phrases used in this Agreement, as applicable, shall have the meanings given herein or as used in the Regulations and other Credit Requirements unless the context clearly requires otherwise. SECTION 2—REPRESENTATIONS,WARRANTIES, AND COVENANTS OF OWNER Owner represents warrants and covenants that: (a) Nature of Entity. Owner is an Oregon limited partnership, duly organized, validly existing, and authorized to do business under the laws of Oregon and it has the power and authority to transact the business in which it is engaged and to enter into and perform this Agreement. (b) Authorization. The making and performance of this Agreement by Owner has been duly authorized by all necessary action of Owner; do not and will not violate any provision of any applicable law,rule, or regulation or order of any court,regulatory commission, board or other administrative agency or any provision of Owner's organizing documents or authorizing statutes; and do not and will not result in the breach of, or constitute a default or require any consent under,any other agreement or instrument to which Owner is a party or by which Owner or any of its properties is bound or affected and do not and will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) Valid and Binding Acts. This Agreement, when executed and delivered, shall be a valid and binding obligation of Owner enforceable in accordance with its terms. (d) Compliance. Owner agrees to fulfill all terms and conditions of this Agreement,including all Credit Requirements. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 2 of 23 (e) Project Completion. Owner shall complete the Project no later than December 31,2024 and in accordance with the plans and specifications that have been approved by OHCS or modifications to those plans and specifications,which modifications must be approved by OHCS and in accordance with the terms and conditions of this Agreement. (f) Single-Asset Entity.Owner is and at all times during the term of this Agreement,including but not limited to the Affordability Period (defined below), will be a single-asset entity, i.e.,owning(subject to the leasehold referenced above in Recital A)and operating only the Project and no other asset. (g) Limitation on Debt. Except to the extent of debt to which OHCS expressly agrees to be subordinated to in writing, Owner will have no other debt that does or may result in a lien against the Project without prior written consent from OHCS other than debt to the primary lender associated with Project repairs, casualty loss, eminent domain, and similar circumstances. (h) Further Acts. Owner will do, make, execute, and deliver all such additional and further acts, instruments, or papers as OHCS may require in its sole discretion to protect OHCS' rights under this Agreement. (i) Reliance. OHCS may rely upon statements, certificates, and other records of Owner and its agents and assigns, as well as of occupants of Qualified Units, including as to accuracy, genuine nature, and proper execution of such statements,certificates,and other records. (j) Consultation with Counsel. OHCS may consult with counsel, and the opinion of such counsel will be full and complete authorization and protection as to any action taken or suffered by OHCS in good faith and in conformity with the opinion of such counsel with respect to this Agreement or the Project. (k) Preservation. Owner acknowledges and agrees that the Project is a "participating property" as defined in ORS 456.250 and, as such, is subject to the requirements, among other things, of ORS 456.250 through 456.265. Owner and any successors or assigns are bound by and will comply with the terms of ORS 456.250 through 456.265 and other related Credit Requirements with respect to the Project. (1) Waiver of Right to Propose Project Change. OHCS herein denies, and Owner irrevocably waives and releases,any right by Owner or its successors to request a Qualified Contract (as defined in IRC Section 42(h)(6)(F)) as provided under IRC Section 42(h)(6)(E)or otherwise. (m) Prevailing Wage Compliance. Owner will, prior to undertaking the Project, provide OHCS with a copy of a determination letter by the Oregon Bureau of Labor and Industries (BOLI) as to the application of Oregon's prevailing wage laws to the Project. Owner will comply with all applicable requirements arising under any state or federal prevailing wage laws with respect to the Project. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 3 of 23 SECTION 3 - CREDIT RESERVATION; PROJECT INCOME AND RENT RESTRICTIONS; AFFORDABILITY PERIOD (a) Reservation. OHCS hereby conditionally grants a Reservation for a Credit Allocation in an aggregate amount not to exceed NINE MILLION SIX HUNDRED AND FIFTEEN THOUSAND SEVEN HUNDRED AND FIFTY-ONE DOLLARS ($9,615,751), and available in yearly increments with each increment not to exceed NINE HUNDRED AND SIXTY-ONE THOUSAND FIVE HUNDRED AND SEVENTY-FIVE DOLLARS ($961,575) to Owner for development of the Project. The Project involves the new construction of one (1) qualified low-income residential building on the Property. The Project will consist of fifty-eight (58) residential units (including one (1) manager unit) and related common areas and improvements, of which fifty-seven (57) units will be income and rent-restricted for low-income persons as further described below (the "Qualified Units"). However,if the one(1)manager unit is not occupied by a manager, it will be income and rent-restricted for low-income persons and considered a Qualified Unit as further described below. This conditional Reservation for the described Credit Allocation is further subject to Owner's satisfaction of the terms of this Agreement, including applicable Credit Requirements. (b) Rent and Income Restrictions.Owner shall restrict Project rents and incomes as follows: (1) Owner has elected to satisfy the minimum IRC Section 42 option of restricting forty percent (40%) of the total rental units in the Project and related common areas to persons with a combined maximum household median family income of sixty percent (60%) as determined by HUD and to correspondingly restrict rents for such units to limits established herein, including the Credit Requirements. (2) Notwithstanding the minimum IRC election above, Owner additionally has elected to further restrict income and rents to one hundred percent (100%) (the "Applicable Fraction") of the total Qualified Units consistent with Credit Requirements and as more fully provided in the table below. Unit Type ° Number Maximum Percent of Maximum Rent Standards As of Units Median Family Income As Determined by HUD Determined by HUD 1 bedroom 57 60% 60% Manager 1 N/A or 60% if not N/A or 60% if not occupied by (2 bedroom) occupied by Manager Manager * The maximum restricted-incomes for the Qualified Units reflected in the above table are based upon the rent-restriction election made by Owner in the Application as approved in the Reservation. Maximum restricted-incomes consistent with the foregoing standards are published by HUD, adjusted for family size and Project location. ** The maximum restricted-rents for the Qualified Units, as published by HUD, correspond to the elected income limits and Maximum Rent Standards payable by Qualified Units' tenants ("Qualified Tenants") reflected in the table,but actual rents for the Project payable by Qualified Tenants may be lower depending 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 4 of 23 on the terms of other applicable rent subsidies or OHCS rent-approval requirements.Under no circumstances will tenants be required to pay more rent than that allowed by applicable rent-subsidy programs or Credit Requirements,the most conservative restrictions having precedence. *** The table shows maximum income and rent standards rounded up to the nearest percentile.The Owner has represented to OHCS in its Application that the rent payable by Qualified Tenants and income levels of Qualified Tenants will not exceed the maximums identified in the foregoing table and will otherwise comply with Credit Requirements. (c) Rent Restrictions.Throughout the Affordability Period,the Owner will restrict gross rents with respect to the Qualified Unit(s) in compliance with Credit Requirements, with not-to- exceed limits as reflected in the above table. The not-to-exceed limits are indicated as a percentage of the applicable area(county)median family income determined by OHCS based upon information from HUD or other applicable source. (i) Actual Unit Rents.Net rents allowable to the Owner are not more than allowable gross rents, less an appropriate utility allowance. Actual approved rents for Qualified Units, as determined by OHCS in its sole discretion,may be lower than allowable net rents,but not in excess of allowable net rents. In exercising its discretion, OHCS may consider factors including,but not limited to,the current cash flow of the Project. OHCS has sole authority and discretion in the determinations of what is an appropriate utility allowance and what other charges by Owner must be subsumed within approved Rents as normal or standard charges for Project occupancy. (ii)Limitation of Unit Rents and Other Project Fees. OHCS also may limit other Project unit rents and Project fees as it determines,in its sole discretion,is necessary or appropriate to ensure the affordability of or access to Qualified Units. Project unit rents and Project fees limited under this subparagraph may only be increased subject to prior written approval by OHCS in accordance with the procedures of paragraph(iii)of this Subsection. (iii)Prior Approval of Rents. Owner must obtain prior written approval from OHCS for setting or increasing Qualified Units' rents. The Owner may request an increase in rents annually in writing,together with supporting documentation(including a schedule of rents for all Project units), all satisfactory to OHCS, which request will be deemed approved if not in excess of Credit Requirements limits and not denied or modified by OHCS within ninety (90) days of its receipt by OHCS. Subject to Credit Requirements, OHCS may approve, deny or modify such rent increase requests at its sole discretion. OHCS, at its sole discretion, also may approve, deny or modify other requests by the Owner for rent increases, subject to Credit Requirements limits. (iv) Most Restrictive Rent Limitations. Where Qualified Units' rents are subject to limitations from multiple OHCS funding sources, the most restrictive limitations will govern not-to-exceed limits for rents with respect to such units. (d) OAHTC Adjustments. If the Project also has been awarded Oregon Affordable Housing Tax Credit(OAHTC) assistance, Owner may submit a request to OHCS for an additional adjustment in Project rents upon expiration of the OAHTC maximum twenty (20)-year 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 5 of 23 compliance period. OHCS, at its sole discretion subject to IRC limits and Oregon law, may approve, deny or modify such request upon its determination. (e) Affordability Period. Owner shall maintain the foregoing rent and income restrictions applicable to the Project consistent with this Agreement, including the Credit Requirements,from the date the first building in the Project is placed in service for a period of thirty (30) years or until December 31, 2054, whichever is later (the "Affordability Period") or as longer provided in the Declaration, subject to any written modification of such restrictions agreed to in writing by OHCS. This Affordability Period comprises both the initial fifteen (15) year IRC Compliance Period and the Extended Use Period constituting the balance of the Affordability Period. (f) Rents Paid by Tenants.For purposes of this Section 3,subject to OHCS and other subsidy provider policy, allowable rents will relate to those rents actually paid by the Tenants and will not limit the rents permitted under any HUD or other subsidy provider program that are not paid by the actual Tenant. SECTION 4—CONDITIONS PRECEDENT TO CREDIT ALLOCATION Notwithstanding the foregoing conditional Reservation, Owner shall satisfy the following conditions precedent satisfactory to OHCS, in OHCS' sole discretion,to qualify for an Allocation by OHCS of the reserved Credit: (a) Work Performance. Construct or purchase and rehabilitate the Project in accordance with local building,health and safety codes,applicable federal and State regulations,and Credit Requirements. (b) Placed-in-Service Certification.Certify to OHCS in a timely and satisfactory manner that Project buildings are appropriately placed in service as part of a single, qualified low-income housing project. (c) Cost Certification; Financial Update. Provide a timely final cost certification and financial update of the Application with respect to each building in the Project in form and substance satisfactory to OHCS, in OHCS' sole discretion(the updated Application(s), as approved by OHCS are prospectively incorporated herein by reference). (d) Declaration of Land Use Restrictive Covenants. Execute and record in the official records of the county or counties wherein the Project is sited a Declaration satisfactory to OHCS, in OHCS' sole discretion, which among other things, restricts Project use, rents and tenant incomes as specified herein, requires appropriate maintenance and operation of the Project, and ensures Owner cooperation with OHCS compliance monitoring. The Declaration is hereby prospectively incorporated into this Agreement by reference, is precedent to any delivery of the Allocation of Credit by OHCS, and shall contain such other terms, conditions, covenants, and warranties as OHCS may prescribe at its sole discretion in accordance with Credit Requirements. (e) Other Terms and Conditions. Satisfy such other terms and conditions as OHCS may reasonably require. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 6 of 23 SECTION 5—ADDITIONAL TERMS AND CONDITIONS (a) Allocation for Each Building. As applicable, a Credit Allocation must be made for each Project building separately, based on individually updated Applications, when each building is placed in service. (b) No Liability by OHCS. OHCS accepts no responsibility or liability for any adverse consequences to the Owner or any other person or entity arising under Credit Requirements or otherwise. Owner agrees that OHCS will bear no responsibility or liability for any such adverse consequence and irrevocably waives any claims against OHCS with respect to any and all such adverse consequences, including but not limited to recapture of Credit by the IRS or removal of the Project from the LIHTC program. (c) No Other Project or Use. The Reservation herein may not be used with respect to any other project or property. (d) No Unapproved Transfers; Removal of General Partner/Managing Member or Management Agent. (l) Sale, Transfer, or Other Disposition of an Interest in the Owner (including Investor),or Project. A. Transfer of Any Interest in Project. Except in relation to leases to tenants ("Tenants") for the residential units in the Project, if the Owner transfers or attempts to sell, assign, bequeath, dispose or otherwise transfer (collectively, "Transfer") any interest in the Project to any person, entity, or other assignee (collectively, "Transferee"), without obtaining the prior written consent of OHCS, OHCS may declare an Event of Default under the terms of this Agreement and exercise the remedies provided for in this Agreement or otherwise available at law. OHCS' consent will not,however, be unreasonably withheld or delayed,but may be conditioned upon: (i) reasonable evidence satisfactory to OHCS that the Owner is not then in default hereunder beyond any applicable grace period or cure period; (ii) the execution and recording of documents satisfactory to OHCS; (iii)the payment to OHCS of an appropriate transfer fee; and (iv) any other conditions that may be imposed by OHCS, in its complete discretion, to assure, among other things, compliance with federal or state law or other Credit Requirements, and also including but not limited to the Owner providing OHCS with current financial information with respect to the Transferee and a full management agent packet for any existing or proposed management agent("Management Agent"). B. Transfer of Any Interest in the Owner. If the Owner sells, transfers or otherwise disposes of any interest in the Owner without obtaining the prior written consent of OHCS, OHCS may declare an Event of Default under the 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 7 of 23 terms of this Agreement and exercise the remedies provided for in this Agreement or otherwise available at law. The parties agree, however, that, so long as the Owner is not then in default hereunder beyond any applicable cure period,a Transfer of an interest in the Owner made in full compliance with any of clauses B.(i), B.(ii), B.(iii) or B.(iv) below will constitute a permitted Transfer of an interest in the Owner. (i) Transfers Permitted Prior to Making All Capital Contributions. Prior to making all of the capital contributions with respect to this Project required to be made by the Investor under the terms and conditions of the ownership agreement in effect between the Investor and Owner as of the date of this Agreement(the"Ownership Agreement"),a one-time Transfer of the Investor's limited partnership or limited membership in the Owner may be made to an Affiliate of the Investor within one (1)year of the date of this Agreement with advance written notice to OHCS of such Transfer ("Permitted Affiliate Transfer of Owner Interest"). No OHCS consent shall be required for a Permitted Affiliate Transfer of Owner Interest, but written notice shall be provided to OHCS as set forth in this Agreement in connection with such Permitted Affiliate Transfer of Owner Interest. Further, OHCS will not impose a transfer fee or charge on the Owner for a Permitted Affiliate Transfer of Owner Interest. • (ii) Other Transfers Made Prior to Making All Capital Contributions. Prior to making all capital contributions required to be made by the Investor under the terms and conditions of the Ownership Agreement, other than a Permitted Affiliate Transfer of Owner Interest pursuant to clause(i)above, no interest in the Owner may be Transferred without the written consent of OHCS, which it may give or withhold in its sole but reasonable discretion, taking into consideration those factors it determines to be relevant. OHCS shall communicate its determination to consent or withhold consent to a Transfer promptly to the Owner and may impose a transfer fee or charge on the Owner consistent with applicable administrative rules,as amended from time to time. (iii) Transfers of Owner Interest After Making All Capital Contributions. After all of the capital contributions to be made by the Investor under the Ownership Agreement have been made, the Transfer of the limited partnership or membership interest in the Owner (a "Post Conversion Transfer of Owner Interest") may be made subject to the following: OHCS must (A) be given advance written notice of the proposed Transfer; (B)give its written consent to the Transfer, which consent shall not be unreasonably withheld,conditioned or delayed;and(C) OHCS may impose a transfer fee or charge on the Owner consistent with applicable administrative rules, as amended from time to time. The parties agree that a Post Conversion Transfer of Owner Interest to an Affiliate shall be presumed reasonable and that OHCS will promptly provide its consent to 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 8 of 23 such a transfer upon confirmation that such transfer involves a Transfer to an Affiliate of the Investor and satisfaction of the foregoing conditions. (iv) Transfers of Interests in General Partner of Owner. To assure appropriate use of tax credit capital contributions by Owner, and that any party having an ownership interest in the general partner or managing member of the Owner is suitable for such purpose, appropriate for the operational integrity of the general partner or managing member, and sufficiently limited in its capacity to direct or control actions by the general partner or managing member, a party proposing to acquire an ownership interest in the general partner or managing member(a"Member")may not acquire an ownership interest in the general partner or managing member without the prior written consent of OHCS. Such consent shall be conditioned on(a)the ownership interest in the general partner or managing member to be acquired by the Member being not greater than one-percent (1%)of the ownership interest in the Owner,(b) OHCS receiving evidence reasonably satisfactory to OHCS establishing the suitability of the Member, and (c) payment to OHCS of a transfer fee or charge consistent with program administrative rules, as amended from time to time. C. Transfer of Any Interest in Investor. If the Investor Transfers any interest in the Investor without obtaining the prior written consent of OHCS, OHCS may declare an Event of Default under the terms of this Agreement and exercise the remedies provided for hereunder or otherwise available at law. The parties agree, however, that, so long as the Owner is not then in default hereunder beyond any applicable cure period,a Transfer of an interest in the Investor made in full compliance with any of clauses C.(i), C.(ii) or C.(iii) below shall constitute a permitted transfer of an interest in the Investor. (i) Transfers Permitted Prior to Making All Capital Contributions. Prior to making all of the capital contributions required under the terms and conditions of the Ownership Agreement: (1) Transfers of interests in the Investor(the"Investor Membership Interests") may be made among the initial holders of the Investor Membership Interests (the "Initial Investment Members"), provided that the Owner provides written notice to OHCS of the transfer within thirty(30)days of the Owner learning of the Transfer; and(2)Transfers of Investor Membership Interests may be made to a person or entity that is not an Initial Investment Member if,after making such Transfers not less than 75% of the holder(s) of the Investor Membership Interests are either (a)the Investor or an Affiliate of the Investor,or(b) Financial Institutions or Publicly Held Corporations with a credit rating at the time of such transfer of BBB- or better by Standard & Poor's or Baa3 or better by Moody's Investor Service, Inc., or wholly- owned subsidiaries of such entities or are otherwise holders that have been approved by OHCS, provided that the Owner shall provide written notice to OHCS of the transfer within thirty(30)days of the Owner learning of the transfer. Transfers of Investor Membership Interests described in sub- 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 9 of 23 clauses (1) and (2) of this clause (i) are referred to herein as "Permitted Investor Membership Interest Transfers"). No OHCS consent shall be required for any Permitted Investor Membership Interest Transfer pursuant to sub-clauses (1) or (2) of this clause (i), but written notice shall be provided to OHCS as set forth above in connection with each such Transfer. Further, OHCS may impose a transfer fee or charge on the Owner for Permitted Investor Membership Interest Transfers consistent with applicable administration rules,as amended from time to time. (ii) Other Transfers Made Prior to Making All Capital Contributions. Prior to making all capital contributions required under the terms and conditions of the Ownership Agreement, other than Permitted Investor Membership Interest Transfers pursuant to clause (i) above, no interest in the Investor, including any Investor Membership Interest, may be Transferred without the written consent of OHCS, which consent may be given or withheld in its sole but reasonable discretion, taking into • consideration those factors it determines to be relevant. OHCS will communicate its determination to consent or withhold consent to a Transfer promptly to the Owner and may impose a transfer fee or charge on the Owner consistent with applicable administrative rules, as amended from time to time. (iii)Transfers of Investor Interest After Making All Capital Contributions. After all of the capital contributions to be made by the Investor under the terms and conditions of the Ownership Agreement have been made, the Transfer of any limited partnership or membership interest in the Investor, including any Investor Membership Interest(a"Post Conversion Transfer of Investor Interest")may be made without prior notice to or approval by OHCS, provided that Owner shall provide written notice to OHCS of any Post Conversion Transfer of Investor Interest within thirty (30) days of reasonable discovery of such Transfer. OHCS will not impose a transfer fee or charge on the Owner for a qualifying Post Conversion Transfer of Investor Interest. (2) Definition of Affiliate. The term "Affiliate" means any corporation, partnership, limited liability company, or other entity directly or indirectly controlling, controlled by or under common control with such entity. For this purpose, "control," "controlled" or "controlling" means (i) ownership directly or indirectly of voting control of the corporation or other entity, (ii) control of the management through holding, directly or indirectly, a general partnership interest in a limited partnership or the managing member interest in a limited liability company,or(iii) if such entity has no stock or equity,control over a majority of the board of directors of such entity. (3) Removal and Replacement of General Partner or Managing Member. The Investor may seek to remove a general partner or managing member of the Owner for cause pursuant to the terms of the Ownership Agreement in effect as of the date 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 10 of 23 of this Agreement, or pursuant to any revisions adopted by the parties to the Ownership Agreement and approved in writing by OHCS,subject to the following: (i) the Investor must notify OHCS in writing of its desire to remove the general partner or managing member of the Owner for cause; (ii)the Investor must notify OHCS in writing of the successor general partner or managing member of the Owner, if any, and (iii) OHCS must give its written consent to the removal and replacement of the general partner or managing member of the Owner, which consent will not be unreasonably withheld, conditioned or delayed. If the Ownership Agreement provisions related to the removal of the general partner or managing member of the Owner are amended without OHCS' written approval (a "Removal Amendment"), and the Investor seeks to remove a general partner or managing member of the Owner for cause pursuant to the Removal Amendment, the prior written consent of OHCS must be obtained and OHCS may give or withhold its consent in its sole discretion. Notwithstanding the foregoing, the Investor also may replace a general partner or managing member of the Owner for cause with an Affiliate of the Investor on a temporary basis for not longer than sixty (60)days pursuant to the terms of the Ownership Agreement in effect as of the date of this Agreement, or pursuant to any revisions adopted by the parties to the Ownership Agreement and approved in writing by OHCS. Such replacement does not require prior OHCS approval and will not be subject to an OHCS transfer fee, but notice thereof must be provided to OHCS within two(2)business days of such replacement. Permanent removal or replacement of the general partner or managing member of the Owner must still be accomplished in conformance with the first two sentences of this subparagraph(3). (4) Removal and Replacement of Management Agent. OHCS may, for cause, require the removal and replacement of the Management Agent for the Project or, if the Owner directly manages the Project, OHCS may require the appointment of a Management Agent for the Project in lieu of the Owner. The Owner also may, with OHCS' approval, remove and replace a Management Agent in accordance with this Agreement,the terms and conditions of the Ownership Agreement,or any agreement with respect to Project management required by OHCS (at its sole discretion). Any then current, executed agreement with respect to Project management(including as amended)shall be deemed to be incorporated herein by this reference. (5) Unapproved Transfers Are Void. Any Transfer of the Project,Owner,or Investor in violation of this Subsection 5(d) will be ineffective to relieve the Owner, the Investor or any Transferee or the Project of any continuing obligations under this Agreement. OHCS' consent hereunder will not be deemed continuing and the Owner and each permitted Transferee will continue to be bound by this Subsection unless OHCS has consented in writing to the Transfer of the Project, Owner, or Investor. 1 1 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 • Page 11 of 23 (e) Consents by OHCS to Admission of Investor and to Security Interest. (1) Admission of Investor Member and Special Member. OHCS consents to the admission of the Investor member or limited partner, as applicable, in the Owner and within one year of this Agreement, as applicable, the admission of a special member or special limited partner in the Owner of an entity that is an Affiliate of the Investor. (2) Security in Managing Member Interest. OHCS consents tothe managing member/general partner of the Owner granting a security interest in its interest in the Owner as security for performance of obligations under the Ownership Agreement and under any document evidencing or securing the existing construction or permanent financing of the Project. (3) Security in Credits.OHCS consents to the Owner granting to the existing primary commercial lender a security interest in the Credits as security for performance of the Owner's obligations under any document evidencing or securing construction or permanent financing of the Project. In the event of a foreclosure of a deed of trust, mortgage, or other security document securing the Owner's obligation to repay a loan, from the referenced lender, OHCS further consents to a foreclosure by such lender of its security interest in the Credits; provided, however, OHCS makes no representation as to the effect of such a foreclosure on the ability of the foreclosing entity to claim,transfer,or otherwise utilize the Credits pursuant to IRC Section 42,applicable Oregon law,or otherwise. (f) Sale of Project to Managing Member or General Partner. Absent(1) a change in the managing member or general partner in Owner, or in the composition thereof, or (2) an uncured Event of Default under this Agreement, OHCS consents to the sale of the Project to the current managing member or general partner of the Owner upon termination of the "compliance period"applicable to the last building of the Project to be placed in service as provided in IRC Section 42 provided (1) OHCS is given adequate notice prior to the transfer, (2) the terms of such sale are reasonable as determined by OHCS, and (3) that Owner and the managing member or general partner shall have each complied with all other requirements of OHCS, including provision of requested information, execution of required documents satisfactory to OHCS, and payment of an appropriate Transfer fee as established by OHCS. (g) Additional Compliance. Owner shall: (1) Project Maintenance. Maintain the Project in a safe, sanitary, and habitable condition satisfactory to OHCS and in accordance with Credit Requirements, including applicable zoning and local code requirements. (2) Project Repair. Keep the Project in good repair satisfactory to OHCS. (3) Management Plan. File with OHCS a Project Management Plan and/or execute a Regulatory Agreement as to Project Management (the "Management Plan"), consistent with Credit Requirements, satisfactory to OHCS. Any then current Management Plan, when approved by OHCS, will be incorporated into this Agreement by reference. OHCS may require periodic revisions to the Management Plan from the Owner. The Owner may propose revisions to the Management Plan 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 12 of 23 for approval by OHCS. All Management Plan revisions are subject to OHCS' sole discretion and must be approved in writing by OHCS prior to becoming effective. (4) Management Agent. Timely and suitably perform Project management responsibilities directly or through a management agent ("Management Agent") approved in writing by OHCS consistent with the Management Plan, including as the Management Plan may be revised from time to time. (5) Resident Services Plan. File with OHCS a Project resident services plan (the "Services Plan"), consistent with the Credit Requirements, satisfactory to OHCS. Any then current Services Plan,when approved by OHCS,will be incorporated into this Agreement by reference. OHCS may require periodic revisions to the Services Plan. The Owner may propose revisions to the Services Plan for approval by OHCS. All Services Plan revisions are subject to OHCS' sole discretion and must be approved in writing by OHCS prior to becoming effective. (6) Resident Services. Timely provide resident services ("Services") appropriate to the Project population and consistent with the Services Plan, including as the Services Plan may be revised from time to time. (7) Applicable Fraction. Maintain the Applicable Fraction income and rent restrictions for each building of the Project specified in the Application(s), consistent with this Agreement. (8) Annual Certification of Compliance. Provide an annual certification, in a format and on a schedule approved by OHCS in its sole discretion, that the Owner is fulfilling its obligations under this Agreement. OHCS may, from time to time, require additional information or reporting from Owner. (9) Records Maintenance.Maintain all financial records relating to this Agreement in accordance with generally accepted accounting principles. In addition, Owner will maintain records satisfactory to OHCS documenting compliance with Credit Requirements. Owner will retain and keep accessible all such records, books, documents, papers, plans, records of shipments and payments and writings throughout the Affordability Period and for a minimum of six (6) years, or such longer period thereafter, as may be required by OHCS, which does include any period beyond the Affordability Period during which an audit, claim, or litigation with respect to the Project or Agreement remains outstanding, plus two (2) years thereafter. (10) Records Access. Allow inspection and copying of Project and other records by OHCS,the Oregon Secretary of State's Office("SOS"),the federal government of the United States("U.S."),and their duly authorized representatives,as reasonably directed by OHCS, SOS,U.S.,or their representatives. (11) Project Access.With appropriate notice,allow inspection of the Project(including residential rental units) by OHCS, the SOS, the U.S., and their duly authorized representatives, as reasonably directed by OHCS, SOS, U.S., or their representatives. 4%Reservation and Extended Ilse Agreement Tigard Senior Housing-#2738 Page 13 of 23 (12) Charges. Timely pay an annual compliance monitoring charge to OHCS as and when OHCS shall from time to time determine consistent with Credit Requirements. OHCS may require or allow payment of the annual compliance monitoring charge in installments on a monthly or other interval basis. Owner shall pay other charges required by OHCS consistent with this Agreement or the Credit Requirements. (13) Further Acts. Make, execute and deliver all such additional and further acts, instruments or papers as OHCS may require in its sole discretion to protect OHCS' rights under this Agreement. (14) Agent and Other Compliance. Cause its agents, employees, contractors, subgrantees and assigns, if any, to comply with the terms and conditions of this Agreement, including all applicable Credit Requirements. (h) Allocation Limit. The Credit Allocation will not exceed the Reservation amount. The Credit Allocation and maximum rents may be reduced in accordance with the IRC if OHCS determines at the times provided by IRC Section.42(m)(2),at its sole discretion that lesser amounts will satisfy appropriate financial feasibility standards for the development of the Project. (1) Credit Requirement Changes. The U.S., IRS, or Treasury may change the requirements for Credit by subsequent regulation or by other published guidance, which shall be automatically incorporated into the Credit Requirements. SECTION 6—CREDIT LOCK ELECTION ® If this box is checked, the Owner hereby irrevocably elects, pursuant to IRC Section 42(b)(1)(A)(ii)(II), to set the applicable credit percentage(s) for the Project as the Percentage(s) prescribed by the Secretary of the Treasury for the month of April, 2022, which is the month in which the tax exempt bonds were issued with respect to each building comprising the Project. For the purpose of this election, the applicable credit percentage for the month of April, 2022 is 4.00%. For this election to be valid on an IRC Section 42(h)(4) tax-exempt bond financed project the Owner must deliver an original notarized Agreement signed by the Owner and OHCS, to OHCS by the fifth day of the month following the month of the bond sale. 0 If this box is checked, Owner has made NO ELECTION pursuant to IRC Section 42(b)(1)(A)(ii)as of the date of this Agreement. SECTION 7—SECTION 42(m)(2)DETERMINATION OF CREDITS (a) Assumption of Risk. By signing this Agreement, the Owner understands and accepts the risk that: 1)the final Credit amount or maximum rents agreed to be charged will be reduced in accordance with IRC Section 42(m)(2)if OHCS determines,at its sole discretion and in keeping with sound underwriting guidelines, that a lesser amount will meet OHCS' financial feasibility test for the development of the Project; 2) the U.S. may change the requirements for the Credit by subsequent regulation;and 3)the Credit will not exceed the amount shown above. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 14 of 23 (b) Satisfaction of QAP; Feasibility Alignment. OHCS has determined that the Project, as represented, is consistent with and has satisfied the requirements of the Qualified Allocation Plan ("QAP") of the state of Oregon established under IRC Section 42(m)(1)(D) and that the Credits reserved for the Project are not greater than the amount necessary to make the Project financially feasible and viable as a low-income housing project throughout the credit period as provided in IRC Section 42(m)(2). In making this determination OHCS assumes no responsibility to any parties with respect to the Project or otherwise. (c) Binding Agreement. OHCS and the Owner acknowledge this Agreement constitutes an agreement binding upon OHCS,the Owner, and all successors in interest to the Owner as Owners of the Project, as to the Credit Allocation, subject to compliance by the Owner with the requirements of IRC Section 42, the Declaration, the Credit Requirements, and the requirements of OHCS. (d) IRC Section 42(h) Determination. OHCS in its capacity as the tax credit allocating agency and as issuer or designee of the issuer of the tax-exempt bonds that will finance the Project,has undertaken to make a determination as required by IRC Section 42(h),applying the standards set forth in IRC Section 42(m). SECTION 8—INSURANCE (a) Coverage. Owner will obtain and maintain in full force and effect during the term of this Agreement: (i) Causes of Loss — Special Form property insurance together with endorsements for replacement cost,inflation adjustment,malicious mischief,and sprinkler damage coverage (if applicable), all in amounts not less than the full replacement cost of all Improvements, without reduction for co-insurance; (ii) commercial general liability insurance, including liabilities assumed under contract, with limits, coverage, and risks insured acceptable to OHCS, and in no event less than $2,000,000.00 combined, single- limit coverage; and appropriate workers' compensation insurance coverage in satisfaction of Oregon law. (b) Insurance Companies and Policies. All insurance must be written by a company or companies reasonably acceptable to OHCS;must require reasonable,but not less than five (5) days prior written notice to OHCS of cancellation or non-renewal; and must contain waivers of subrogation and endorsements that no act or negligence of Owner or any occupant will affect the validity or enforceability of such insurance as against OHCS. OHCS will be named as additional insured on all liability policies. Owner must forward to OHCS, upon request, certificates evidencing the coverage required under this Agreement and copies of all policies.Owner must forward to OHCS copies of any significant changes to the policy, including, but not limited to, cancellations and non-payment, that would affect the coverage. (c) Casualty/Loss Restoration. After the occurrence of any casualty to the Property or Improvements, Owner will give prompt written notice of the casualty to OHCS, specifically describing the nature and cause of such casualty and the extent of the damage or destruction to the Property or Improvements. In the event of any casualty to any 4%Reservation and Extended Use Agreement • Tigard Senior Housing-#2738 Page 15 of 23 Improvement, Owner will immediately take such action as is necessary to make the site safe and legal,including,if necessary,demolition of any Improvement,removal of debris, and/or grading the site. Owner assigns to OHCS all insurance proceeds that Owner may be entitled to receive with respect to any casualty. In the event that Owner desires to rebuild or restore the Project,insurance proceeds will be placed in escrow,with escrow instructions to release funds for invoices related to such reconstruction. Subject to the rights of the first lien holder, OHCS will have the right to review and approve of reconstruction plans, and may require the conditional release of liens as condition of escrow payments. No proceeds will be released if Owner is in default under this Agreement or under the obligations secured by this Agreement. If Owner(i) does not elect to restore the Project, or (ii) is in default under this Agreement or the obligations secured by this Agreement, OHCS may apply the insurance proceeds to satisfy the obligations subject to the rights of the first lien holder. SECTION 9—REMEDIES (a) Deficiencies. OHCS may, from time to time, identify and direct Owner to correct deficiencies in its compliance with this Agreement (including all Credit Requirements), which Owner shall correct as directed. (b) Required Training. OHCS may require Owner, its owners, principals, officers, employees,and agents to undertake training, at Owner's expense, as directed by OHCS. (c) Extension of Affordability Period. OHCS may by written notice extend the Affordability Period described in this Agreement for periods of time matching corresponding periods of time during which OHCS determines the Owner to be in material noncompliance with any of the terms of this Agreement,the Declaration or the Credit Requirements. (d) IRS Reporting. OHCS may report noncompliance with Credit Requirements to the IRS, including but not limited to by the filing of IRS Form 8823, Low-Income Housing Credit Agencies Report of Noncompliance or Building Disposition. (e) Removal from LIHTC Program. Following an Event of Default that remains uncured after expiration of any applicable notice and cure period or following the recapture of Credits by the IRS, OHCS may remove the Project from the LIHTC program. (f) Default; Additional Remedies. If the Owner defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement or in the Credit Requirements (including correction of deficiencies), and if such default remains uncured by Owner for a period of thirty (30) days or less(depending upon the requirements of the notice, lesser notice periods being reserved for matters that OHCS determines relate to material health or safety needs of Project occupants) after notice thereof shall have been given by OHCS, or if such default runs for a period of thirty (30) days from the date the Owner should, with due diligence,have discovered such default,then OHCS may declare an "Event of Default" to have occurred hereunder provided, however, if an Event of Default is not reasonably capable of being cured within thirty(30)days or any lesser notice period provided by OHCS,OHCS may, in its sole discretion,extend the correction period for up to six(6)months,but only if OHCS determines there is good cause for granting the 4%Reservation and Extended Use Agreement "I igard Senior Housing-#2738 Page 16 of 23 extension; and provided further, however, in the event of a foreclosure, deed in lieu of foreclosure, or similar event with respect to the Project or the Property, the correction period for the successor for an existing default shall be no less than thirty (30) days from the earlier of the date the successor obtains control or becomes the owner of the Project. To the extent that the default is not corrected within the above-described period including extensions, if any, granted by OHCS, an Event of Default shall be deemed to occur and OHCS may exercise its rights and remedies under this Section 9. Following the occurrence of an Event of Default hereunder OHCS may, at its option, take any one or more of the following steps (except that itemized remedies (2), (3), and (6) always must be preceded by notice of default to the Investor in accordance with this subsection while Investor is a member of Owner), in addition to all other remedies provided in this Agreement, by law, or in equity: (1) Report such noncompliance to the IRS; (2) Effect removal of the Project from the LIHTC program,which removal may result in recapture of the Credit by the IRS (3) By mandamus or other suit,action or proceeding at law or in equity,require Owner specifically to perform its obligations under this Agreement, including the Declaration and other Credit Requirements, or enjoin any acts or things that may be unlawful,inconsistent with this Agreement, including the Declaration and other Credit Requirements,or in violation of Owner's obligations or OHCS'rights under this Agreement,including the Declaration and other Credit Requirements; (4) Obtain the appointment of a receiver to operate the Project in compliance with this Agreement; (5) Require a change in the General Partner or Managing Member of Owner to OHCS' satisfaction and,for the duration(respectively)of Investor's involvement in Owner or the Primary Lender's Loan, reasonably satisfactory to Investor and Primary Lender; (6) Require termination of the Management Agent and its replacement to OHCS' satisfaction; (7) Require Owner to cease management of the Project and to engage a Management Agent acceptable to OHCS; (8) Withhold from Owner, suspend, terminate, or (upon 30-days written demand) require the repayment of all or any part of other funding assistance provided by OHCS to Owner with respect to the Project; (9) Declare Owner,or any member thereof,ineligible to receive further Credit or other OHCS funding assistance, including with respect to other projects or requests for same,for such period as OHCS determines in its sole discretion; (10) Have access to, and inspect, examine and make copies of, all of the books and records of Owner pertaining to the Project and to inspect the Project itself; 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 17 of 23 (11) Enter onto the Property and correct Events of Default with respect to the Project at Owner's expense,which expense Owner will repay to OHCS within ten(10) days of any presentment of charges for same; and (12) Exercise of such other remedies as permitted or authorized under this Agreement, including the Declaration and other Credit Requirements by law,or in equity. (g) Survival of Remedies; Remedies Not Exclusive. The rights and remedies of OHCS provided for in this Agreement,which by their nature are intended to survive termination of this Agreement, shall survive the termination of the Affordability Period and of this Agreement. Furthermore, such remedies shall not be exclusive and are in addition to any other rights and remedies available at law, in equity or otherwise. No failure of or delay by OHCS to enforce any provision of this Agreement shall constitute a waiver by OHCS of that or any other provision, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise of such right, power or privilege or the exercise of any other right,power or privilege. SECTION 10-MISCELLANEOUS (a) Nonwaiver. No failure of or delay by OHCS to enforce any provision of this Agreement shall constitute a waiver by OHCS of that or any other provision, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise of such right,power or privilege or the exercise of any other right,power or privilege. (b) No Discrimination;Marketing. Except as permitted by law,Owner will not discriminate • in the provision of housing on the basis of race, creed,color, sex,national origin,religion, marital status, sexual orientation, family status, age, disability or the receipt of public assistance. Owner will use its reasonable efforts to advertise and market the Project dwelling units,particularly the Qualified Units,within the County and, if applicable, City in which the Project is located. • (c) Construction. The parties to this Agreement acknowledge that each party and its counsel have participated in the drafting and revision of this Agreement. Accordingly, the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendment, • modification, supplementation, or restatement of the foregoing or of any exhibit to this Agreement. (d) Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit,or describe the scope or intent of any provisions of this Agreement. (e) Execution and Counterparts. This Agreement may be executed in several counterparts, each of which will be an original, all of which will constitute but one and the same instrument. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 18 of 23 (f) Notice. Except as otherwise expressly provided in this Agreement, any notices required or permitted to be given under this Agreement shall be given in writing, by personal delivery, or mailing the same, postage prepaid, to OHCS or Owner at the following addresses: OHCS: Housing and Community Services Department Attn: Asset Management and Compliance Section 725 Summer Street N.E., Suite B Salem, Oregon 97301-1266 Owner: Tigard Senior Housing Limited Partnership c/o Northwest Housing Alternatives, Inc. 2316 SW Willard Street Milwaukie, OR 97222 Attention: Executive Director E-mail: tanderson@nwhousing.org Telephone: (503) 654-1007 With a copy to: Kantor Taylor PC 1200 Fifth Avenue, Suite 1910 Seattle, WA 98101 Attention: Andrea Sato E-mail: asato@kantortaylor.com Telephone: (206) 625-9951 or to such other address a party may indicate to the other pursuant to this Subsection. Any notice so addressed and mailed shall be effective five (5) days after mailing. Any notice by personal delivery shall be deemed to be given when actually delivered. If written notice of a default to the Owner is required under this Agreement, then OHCS will also deliver written notice of such default to the Investor at the Investor's address as referenced below(or such other single address as may be provided in writing) for as long as the Investor shall have an ownership interest in Owner. Investor: Wincopin Circle LLLP do Enterprise Community Asset Management, Inc. 70 Corporate Center 11000 Broken Land Parkway, Suite 700 Columbia, MD 21044 Attention: Asset Management Telephone: (410)964-0552 Facsimile: (410) 772-2630 With a Copy To: Attention: General Counsel Email: sshack(a)enterprisecommunity.com 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 19 of 23 With a Copy To: Gallagher Evelius& Jones LLP 218 N. Charles Street, Suite 400 Baltimore, MD 21201 Attention: Ken Gross Email: kgross@gejlaw.com Telephone: (410) 347-1367 In addition to any other cure provisions contained in this Agreement,the Investor(and any special member or special limited partner affiliated therewith) will have the right to cure all defaults for which delivery of written notice to the Owner is required under this Agreement within the same time periods allowed to Owner. (g) Third Party Beneficiaries; Limitation. (1) Modification of Agreement and Restrictive Covenants. Third-party beneficiaries under this Agreement, if any, are limited to those persons qualified under the Credit Requirements to be occupants of the Project. The rights of such third parties are restricted to enforcement of the terms of the Declaration as contemplated in this Agreement. Notwithstanding such third-party beneficiary rights,OHCS may,with the written consent of the Owner,waive,modify or release any and all terms of this Agreement, including the Declaration and the restrictive covenants and equitable servitudes arising thereunder, at its sole discretion. Additionally, OHCS may waive, modify or release any and all terms of the Declaration and the restrictive covenants and equitable servitudes arising thereunder at its sole discretion without the consent of the Owner should the Project be removed from the LIHTC program. Third-party beneficiary rights are limited to the terms of the Declaration as contemplated in this Agreement, as the Agreement or Declaration may from time to time be so waived,modified or released by OHCS. (2) No Third-Party Claim Against OHCS. Third-party beneficiaries under this Agreement, if any, including the Declaration, shall have no claim, cause of action or other right of recourse against OHCS with respect to any action or lack of action taken by OHCS with respect to this Agreement, the Declaration, the Credit, the Credit Requirements,or the Project,arising from their rights under this Agreement, the Declaration, or the requirements under the Declaration. (3) No Third-Party Attorney Fees. Notwithstanding any other provision in this Agreement (including the Declaration), third-party beneficiaries neither have any right to the award of attorney fees or costs hereunder nor are they subject hereunder to an award of attorney fees or costs in favor of any others. (h) Assignment; Successors and Assigns. Except as expressly permitted herein,Owner shall not assign or otherwise transfer any interest in this Agreement or in Owner (other than leases for the residential units in the Project) without the prior written consent of OHCS. • Any attempted assignment or transfer in violation of this provision shall be null and void. The provisions of this Agreement shall be binding upon and shall run to the benefit of the parties to this Agreement and their respective successors and permitted assigns. • 4%Reservation and Extended Use Agreement Tigard Senior Housing-42738 Page 20 of 23 (i) Foreclosure. Except with respect to government lenders, in the event the primary construction or primary permanent lender, its successors or assigns, lawfully acquire title to the Project through foreclosure or deed in lieu of foreclosure,neither the lender nor any subsequent purchaser of the Project following such a foreclosure or deed in lieu of foreclosure will be deemed a"successor or assign" of the Owner, and neither the lender nor such subsequent purchaser will have any obligation to repay the Credits and all conditions and restrictions contained herein will terminate on the date, if any, that the Project is so acquired by foreclosure or deed in lieu of foreclosure provided,however,that (i) the preceding provisions of this sentence will cease to apply and the restrictive covenants and equitable servitudes contained in this Agreement will be reinstated if,at any time during the Affordability Period subsequent to the early termination of this Agreement as the result of an event under this section, any person or entity that was an obligor under this Agreement prior to such early termination event, including the Owner, or any related person(within the meaning of IRC Section 42)obtains an ownership interest in the Project, and (ii)for three (3)years after the acquisition of title to the Project by the construction or permanent lender any Qualified Tenants in the Project may not be evicted except for cause and rents charged to such Qualified Tenants may not exceed the rent limits established in this Agreement. (j) Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provisions held to be invalid. (k) Indemnity. Owner shall indemnify,hold harmless,save,and(subject to ORS chapter 180) defend the State of Oregon, OHCS and their officers, agents, employees, members, and assigns, from all suits, actions, claims, losses, or damages of whatsoever nature, kind or description related to the Project or resulting from or arising out of the acts, omissions, neglect, or misconduct of Owner or its subcontractors, agents, or employees under this Agreement or related to the Project. (I) Survival of Obligations. The obligations of Owner as set forth in the Application and Reservation, shall survive the Reservation or Allocation of any Credit and shall not be deemed to terminate or merge with the Reservation or Allocation of the Credit. Provisions of this Agreement which by their nature are intended to survive termination of this Agreement shall survive. (m) Attorney Fees. In the event a lawsuit is instituted regarding this Agreement,the prevailing party in any dispute arising under this Agreement shall,to the extent permitted by law and this Agreement, be entitled to recover from the other its reasonable attorney fees and all costs and disbursements incurred at trial and on appeal. Reasonable attorney fees shall not exceed the rate charged OHCS by its counsel. (n) Governing Law;Venue: Consent to Jurisdiction. This Agreement shall be governed by the laws of the State of Oregon without regard to principles of conflicts of law and the laws 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 21 of 23 of the United States of America, as applicable. Any claim, action, suit or proceeding (collectively, "Claim") among OHCS and Owner or with any third-party beneficiary related to this Agreement or the Project shall be conducted exclusively within the Circuit Court of Marion County, Oregon (unless Oregon law requires that it be brought and conducted where the real property is located) or, if necessary, the United States District Court for the District of Oregon. In no event shall this provision be construed as a waiver by the State of Oregon or OHCS of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise,from any Claim or from the jurisdiction of any court. OWNER, BY EXECUTION OF THIS AGREEMENT, HEREBY EXPRESSLY CONSENTS TO THE,IN PERSONAM JURISDICTION OF SAID COURTS. (o) Merger Clause; Order of Precedence. This Agreement, including the Declaration, Application,Reservation, and any exhibits,schedules,appendices, and attachments hereto (which are by this reference incorporated herein),constitutes the entire agreement between the parties on the subject matter hereof. Owner hereby acknowledges that the Application and the Reservation survive the execution and delivery of this Agreement. In the event of any inconsistencies between the body of the Agreement,the Application,the Reservation, and any of the attachments to the Agreement, the following is the descending order of precedence in which the various provisions are to be interpreted: the Declaration, the Agreement without any attachments or any incorporated provisions,the Management Plan, the Services Plan, the Reservation, the Application, the Property Description, any other attachments. No modification or amendment of this Agreement shall bind either party unless in writing and signed by both parties, and no waiver or consent shall be effective unless signed by the named party against whom such waiver or consent is asserted. Such waiver or consent, if given, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements or representations, oral or written,not specified herein regarding this Agreement. (p) Percentage of Project that is Bond Financed.At the time of execution of this Agreement, the Owner has represented that fifty-five percent (55%) of the aggregate basis of the Improvements and Property is projected to be financed by tax-exempt bonds subject to an annually determined state volume cap limitation in accordance with IRC Section 146. It appears, from information provided by the Owner, that financing for the Project is projected to satisfy the requirements of IRC Section 42(h)(4) with respect to credit for buildings financed by tax-exempt bonds subject to volume cap and that principal payments on the financing will be applied within a reasonable period to redeem obligations the proceeds of which were used to provide such financing. (q) Time is of the Essence. Time is of the essence in the performance of this Agreement. (r) Independent Contractor. Owner will perform all obligations under this Agreement and will timely satisfy all Credit Requirements as an independent contractor. Owner is not an officer,employee or agent of the State,as those terms are used in ORS 30.265 or otherwise, with respect to performance under this Agreement. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 22 of 23 (s) Owner Responsible for Insurance Coverage. Owner agrees that insurance coverage, whether purchased or by self-insurance, for Owner's agents, employees, officers, and/or subcontractors is the sole responsibility of Owner. (t) Non-federal Employment Certification. Owner certifies that it is not employed by or contracting with the federal government for performance covered by this Agreement. (u) Good Standing Certification. Owner certifies to the best of its knowledge and belief that neither the Owner nor any of its principals, officers,directors, or employees: (1) Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency; (2) Has within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state, or local) transaction or contract related to a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements or receiving stolen property; (3) Is presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,state,or local)with commission of any of the offenses enumerated in subsection(u)(2); and (4) Has within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local)terminated for cause or default. (v) Blocked Persons. Owner and Owner's employees and agents are not included on the list titled "Specially Designated Nationals and Blocked Persons" maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: https://www.treasury.gov/resource-center/sanctions/SDN-List/Pales/default.aspx (w) No Limitations on Actions of OHCS in Exercise of Its Governmental Powers. Nothing in this Agreement is intended, nor will it be construed, to in any way limit the actions of OHCS in the exercise of its governmental powers. It is the express intention of the parties hereto that OHCS will retain the full right and ability to exercise its governmental powers with respect to the Owner, the Project, the Credits, this Agreement, and the transactions contemplated by this Agreement and applicable Credit Requirements to the same extent as if it were not a party to this Agreement or the transactions contemplated hereby, and in no event will OHCS have any liability in contract arising under this Agreement, the Application, the Reservation, the Credit Requirements, or otherwise by virtue of any exercise of its governmental powers. 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Page 23 of 23 IN WITNESS WHEREOF,the parties have caused this Agreement to be signed by their duly authorized representatives as of the first day written above. OHCS: STATE OF OREGON,acting by and through its Housing and Community Services Department By: 70 Roberto Franco,Assistant Development Resources and Production Affordable Rental Housing Division STATE OF OREGON ) : ss COUNTY OF MARION ) This instrument was acknowledged before me this f=,[1 nay of April, 2022, by Roberto Franco, Assistant Director of the Development Resources and Production, Affordable Rental Housing Division, on behalf of the State of Oregon, acting by and through its Housing and Community Services Department. fes. OFFICIAL STAMP AAA1),pyl �� - BAILEY NOTARY PUBLIC FOR OREG �� SUSAN ELAINE A NOTARY PUBLIC-OREGON My Commission Expires: 21- NA. COMMISSION N0.1013489 MY COMMISSION EXPIRES JUNE 27,2025 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Signature Page (Rev:8/7/19) OWNER: TIGARD SENIOR HOUSING LIMITED PARTNERSHIP, an Oregon limited partnership By: Tigard Senior Housing GP LLC, an Oregon limited liability company, its General Partner By: Northwest Housing Alternatives,Inc., an Oregon nonprofit public benefit corporation, its Manager By:---,Sate 4,4•66241 Trell Anderson, Executive Director STATE OF OREGON ) )ss. COUNTY OF MULTNOMAH ) This instrument was acknowledged before me this A2 day of April 2022 by Trell Anderson, as Executive Director of Northwest Housing Alternatives, Inc., an Oregon nonprofit public benefit corporation, as Manager of Tigard Senior Housing GP LLC, an Oregon limited liability company, as General Partner of Tigard Senior Housing Limited Partnership, an Oregon limited partnership, on behalf of the Owner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • L v/ Notary Public for Oregon My Commission Expires: trigg47-9' OFFICIAL STAMP • W ANDY PUBUGGEURIN OREGON "/ COMMISSION NO.978610 MY COMMISSION EXPIRES AUGUST 30,2022 4%Reservation and Extended Use Agreement Tigard Senior Housing-#2738 Signature Page (Rev:8/7/19) Exhibit A Legal Description A tract of land situated in the southeast one quarter of Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon and being a portion of that tract of land described as Parcel 1 of Partition Plat 2020-014, Washington County plat records; being more particularly described as follows: Commencing at the most easterly southeast corner of said Parcel 1,said point falling on the north right-of-way of Southwest Omara Street;thence North 02°32'04"East, 158.52 feet along the east line of said Parcel 1; thence North 87°27'56" West, 8.90 feet to the Point of Beginning; thence North 87°21'32" West, 63.69 feet; thence North 42°24'54" West, 19.28 feet; thence North 02°31'37" East, 60.66 feet; thence North 87°27'47" West, 21.00 feet; thence North 02°31'45" East, 22.28 feet;thence North 17°19'32" West, 41.19 feet;thence South 72°14'33" West, 45.30 feet; thence North 87°28'02" West, 88.00 feet; thence North 02°31'57" East, 16.50 feet; thence North 87°28'05" West, 4.00 feet; thence North 02°31'47" East, 20.00 feet; thence South 87°25'27" East,3.08 feet;thence North 44°13'19" East,22.73 feet;thence South 87°27'37" East, 62.50 feet; thence North 72°14'01" East, 76.13 feet; thence North 86°04'03" East, 29.28 feet; thence North 62°19'56" East, 22.86 feet; thence South 42°27'58" East, 4.02 feet; thence South 68°50'01" East,5.28 feet;thence South 87°27'57" East,28.33 feet;thence South 24°55'18" East, 21.01 feet,said point being 8.90 feet westerly from the easterly line of said Parcel 1;thence South 02°32'04" West parallel with the East line of said Parcel 1, 191.23 feet to the Point of Beginning. The basis of bearing is Partition Plat 2020-014, Washington County plat records. A bearing of North 02°32'04" East was held along the east line of Parcel 1 of said Partition Plat 2020-014. Internal Revenue Service Department of the Treasury District Director P 0 BOX 486 LOS ANGELES, CA 900530486 AUG 24 1N!.' Employer Identification Number: 93-0814473 Date: ' Case Number: 958131104 NORTHWEST HOUSING ALTERNATIVES INC Contact Person: 2316 SOUTH EAST WILLARD STREET TERRY IZUMI MILWAUKIE, OR 97222 Contact Telephone Number: (213) 894-4170 Our Letter Dated: Dec.17, 1985 Caveat Applies: no Dear Applicant: This modifies our letter of the above date in which we stated that.you would be treated as an organization which is not a private foundation until the expiration of your advance ruling period. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Internal Revenue Code, because you are an organization of the type described in section 509(a) (1) and 170(b) (1) (A) (vi) . Your exempt status under section 501(c) (3) of the code is still in effect. Grantors and contributors may rely on this determination until the Internal Revenue Service publishes a notice to the contrary. However, a grantor or a contributor may not rely on this determination if he or she was in part responsible for, or was aware 'of, the act or failure to act that resulted in your loss of section 509(a) (1) status, or acquired knowledge that the Internal Revenue Service had given notice that you would be removed from classification as a section 509(a) (1) organization. Because this letter could help resolve any questions aboutyour private foundation status, please keep it in your permanent records. If the heading of this letter indicates that.a caveat applies, the caveat below or on the enclosure is an integral part of this letter. If you have any questions, please contact the person whose name and telephone number are shown above. Si .erely yours, ,47 ' rederick C. Nielsen District Director • • Letter 1050(CG) IN 11 City of Tigard TIGARD Memorandum To: Eric Kang, Finance Director From: Schuyler Warren, Senior Planner Re: Reach CDC 2024 Applications for Tax Exemption Date: March 6, 2024 Reach Community Development Corporation (Reach) has submitted an application for low-income housing tax exemptions for set of properties that the organization purchased in 2021 within the corporate limits of the City of Tigard.These properties are held solely for the purpose of site assembly for the development of affordable housing. Addresses: 11750 SW 69TH AVE 11800 SW 69th Ave 6835 SW Clinton St 11955 SW 68th Ace 11950 SW 69th Ave 11900 SW 69th Ave 6860 SW Clinton St. Tigard Tax Lots: 2900, 3001 and 3100 of Block 9 6100, 6200, 6300, 6600, and 6700 of Block 12. Real Property Account #s: R286112,R286130,R286149 of Block 9 R286443,R286452,R286461,R286498 of Block 12 Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing,provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. Reach submitted with their applications a copy of an Internal Revenue Service letter, dated January 18, 2018,verifying that Reach qualifies as a 501(c)(3) organization. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. Reach has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose.This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. Reach has provided a signed document stating that the properties are being held for the prupose of future development of low-income housing. This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. Reach is applying for full exemption at all seven properties. Reach has submitted documents stating that all seven properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor.This criterion will be met upon approval by City Council. Conclusion: Staff has determined that the above-named properties owned by Reach meet the criteria for tax exemption. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to Reach is consistent with the applicable TMC standards and with adopted city housing policies. REACH .� Community Development Everyone deserves a place to call /Pow. Property Tax Abatement Application City of Tigard 13125 SW Hall Blvd. Tigard OR, 97223 February 16th, 2024 Property: Dartmouth Crossing Addresses: 11750 SW 69TH AVE, 11800 SW 69th Ave, 6835 SW Clinton St, 11955 SW 68th Ace, 11950 SW 69th Ave, 11900 SW 69th Ave and 6860 SW Clinton St. Tigard OR, 97223. Tax Lots: 2900, 3001 and 3100 of Block 9. 6100, 6200, 6300, 6600, and 6700 of Block 12. Real Property Account#s: R286112, R286130, R286149 of Block 9 R286443, R286452, R286461, R286498 of Block 12 Project Description: As of March 31, 2021, this collection of lots has been acquired by REACH Community Development Inc. a 501(c)3 non-profit housing company for the development of income restricted housing. Covenants within the deeds of trust from acquisition lenders require the construction of income restricted housing. Block 9 (North block) will be developed as Dartmouth Crossing Phase 1. Block 12 (South block) will be developed as Dartmouth Crossing Phase 2. Phase 1: The development design of the North block anticipates a multi-family residential building with 85 units and associated resident and management spaces. The development will be fully restricted to households earning 60% of the median family income (MFI) or less. REACH has applied for funding through OHCS's LIFT program as of March 2021. Phase 2: REACH has completed an early schematic design anticipating a mixed-use development providing upwards of 200 income restricted residential units and around 25,000 sf or commercial space. The development of the commercial space will be done in partnership with local stakeholders and non-profits to provide community amenities such as an early childhood development center or daycare, a community center, offices for non-profits and a public market hall for job development and incubation of small businesses in food and wares. Charitable Purpose: 4150 5 Moody Ave. P:503.231.0682 reachcdc.org A ighborW rks ISI Portland,OP 97239 F:503.236.3429 reachproperties.org CHARTERED MEMBER REACH's mission is to create quality, affordable housing and opportunities for individuals, families and communities to thrive. The development of these lots will result in much needed affordable housing supported by REACH's team of resident services staff that provide. REACH will leverage additional services and resources by addressing its five social determinants of health: Neighborhood & Build Environment, Social & Community, Education & Development, Health & Healthcare, Economic Stability. To help residents build a thriving future for themselves and their families, we will provide asset-building services that include financial education, credit building through rent reporting, homeownership counseling, and matched savings accounts via Individual Development Accounts (IRAs). REACH's resident services team will leverage local partnerships to expand services for the specific communities identified through community engagement activities already underway. Commercial development will be informed by our Project Advisory Committee (PAC) made up of local stakeholders and non-profit service providers. REACH will leverage its financial capacity, federal and local economic development resources including New Market Tax Credits (NMTC) to develop commercial space affordable to underserved communities. Certification of Resident Income Levels: Resident income levels are verified upon application for tenancy and are recertified each year. REACH will have covenants with the state and with Washington County to lease residential units exclusively to low-income residents, those earning less than 60% MFI, for a period of at least 40 years. Dartmouth Phase 1 will be financed with LIHTC and all households will have income at or below 60% of the area median income Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by the Washington County Office of Community Development. We certify that all apartments in this project will be targeted to and remain affordable to households earning at or below 60% of the Area Median Income (AMI) Dartmouth Phase 2 will also be financed with LIHTC with the goal to provide 100% of the units will be leased to households with income at or below 60% of the AMI. REACH will also explore ways to offer units up to 80% AMI, but it would be dependent on the funding sources. We would like to have the city recognize this consideration. How Tax Exemption Will Benefit Residents: 100% of the property tax exemption is a direct subsidy for the development and operation of the projects. Every dollar reduction in operating costs is used to finance the project, expand resident services. Some costs, such as the cost of operating our resident services programs are not fully funded by building operations and must be funded from outside sources through fund raising and REACH revenues. Without property tax abatement operating revenue that would otherwise be available to support the resident services programming would be eliminated and continuous services would be dependent on fundraising efforts and other budget constraints. Resident services are crucial to facilitating a stable and healthy community within our projects. These services mean REACH can be a better neighbor, increase community engagement and participation, assist with eviction prevention and other crisis interventions, connect kids to programming and many partnerships. The tax abatement serves as an investment in the overall strength and stability of Tigard and less demand on the social safety net. fia REACH Community Development Everyone deserves a place to call bf6witPi. Tax Exempt Status: REACH is a Community Housing Development Organization and a 501(c)3 non-profit. The developments will be controlled by single asset limited partnerships structured for the benefit of LIHTC equity investment and other economic development subsidies. REACH's IRS Determination Letter is attached. REACH undergoes a full independent audit of its books. The State of Oregon Housing and Community Services Department will review the project and resident files annually. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. REACH's property management staff performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. The ti evelopment will be compliant with all Tigard Municipal Codes. Brian Bider Director of Asset & IT Management REACH Community Development, Inc (D )01]an Date State of OREGON ) On this 7�day of ic.R,2,► nJ , 203-j, personally )ss. appeared before me 1p..,,,,., who County of .eivo-N ) stated that(s)he is the ,Z of .1A CD1 , a corporation,and that the instrument was signed in behalf of the said corporation by authority of its board of directors and - acknowledged said instrument to be its voluntary act and deed.cOFFICIAL STAMP Before :� ELISA NH!C aNrG GUYEN A A t NOTARY PUBLIC-OREGON ' COMMISSION NO.999332 MY COMMISSION EXPIRES APRIL 22,2024 Notary Public for Oregon My Commission Expires: RcQ -\L '7 7.' 2s, -1_..1--A 4150 5 Moody Ave. P:503.231.0682 reachcdc.org �leighhoorks Cr Portland,OP 97239 F:503.236.3429 reachproperties.org CHARTERED WEARER City of Tigard TIGARD Memorandum To: Eric Kang, Finance Director From: Schuyler Warren, Senior Planner Re: Hawthorne Villa 2024 Application for Tax Exemption Date: March 6, 2024 Resident Resources submitted an application for low-income housing tax exemption for the 118- unit Hawthorne Villa,located at 7705 SW Pfaffle Street in the incorporated Metzger area. Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing,provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. Resident Resources has submitted a determination letter from the IRS demonstrating that they are a 501(c)(3). Resident Resources, as part of Hawthorne Village Apartments General Partnership, asserts their eligibility for the exemption under TMC section 3.50.020(C) which reads: C.A partnership will be treated the same as a corporation to which this section applies if the corporation is: 1. A general partner of the partnership; and 2. Responsible for the day to day operation of the property that is the subject of the exemption. The applicant submitted a partnership agreement and memorandum of understanding (MOU) as part of their application.These documents demonstrate that the property is owned by Hawthorne Village Apartments,an Oregon general partnership. The partnership is between Hawthorne Villa LLC and Resident Resources,an Oregon nonprofit corporation. Resident Resources is a general partner of the partnership and, according to the MOU,is responsible for the day-to-day operations of the facility. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. The applicant has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed to one or more tax exempt entities within the meaning of Section 501(c)(3) of the Internal Revenue Code, and which have a charitable purpose that is generally similar to the dissolving corporation. This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. The applicant provided both a statement and a deed restriction demonstrating that Hawthorne Villa will only rent to households earning at or below 60% of area median income (AMI). The applicant states that compliance with this requirement includes efforts made at the advertising, application, and verification stages. In addition, the applicant has partnered with a compliance consultant,Alexia Consulting, to oversee new resident screening and annual certification.This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code. Resident Resources is applying for full exemption at Hawthorne Villa. Resident Resources has submitted documents demonstrating that that the property is fully dedicated to non-profit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050 This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor.This criterion will be met upon approval by City Council. Conclusion: Resident Resources, as a general partner in Hawthorne Village General Partnership,has applied to the city for a tax exemption in previous tax years.The property previously received city tax exemption through Accessible Living Inc. (as part of Hawthorne Villa General Partnership), and Tualatin Valley Housing Partners. Resident Resources'mission is "to enable low income families of Oregon to find and keep affordable housing."The application states that through a Resident Service Plan (RSP) the nonprofit provides assistance with education, employment, and health services. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to Resident Resources is consistent with the applicable TMC standards and with adopted city housing policies. Ag. k gm Resident Resources www.residentresourcesoregon.org 4800 SW Meadows Rd#300 Lake Oswego,Oregon 97035 Phone 503-475-8212 Fax 503-482-7430 To: City Of Tigard February 14,2024 13125 SW Hall Blvd Tigard,Oregon 97223 Attn:Finance and Information Services Director Application for Property Tax Abatement Hawthorne Villas Located at 7705 SW Pfaffle Street Tigard,Oregon 97223 A. Property Description B. Project's Charitable Purpose C. Certification of Resident Income Levels D. How Tax Exemption Will Benefit Residents E. Tax Exempt Status F. Attachments G. Verification of Information A. Property Description Hawthorne Villa Apartments is located at 7705 S.W. Pfaffle Street in the City of Tigard.The property Is set on 4.76 Acres adjacent to Pacific Highway.The Property is composed of eight apartment buildings with a single family home in front that is currently used as managers home and office with some space used for the community room,See Attachment#1 site plan.In these eight buildings there are one hundred eighteen separate apartments consisting of sixty two one bedroom apartments that are approximately six hundred five square feet,twenty one,one bedrooms that are approximately six hundred eight five square feet,five two bedrooms one bath at approximately seven hundred ninety square feet and thirty studio apartments that are three hundred sixty square feet.The property is restricted to low income families who make 60%of the average medium income for Washington County. The project has been purchased by a respected local property owner (see attachment #2 ) who plans to maintain the affordability component to the property. His name is Rajiv Jain. He collectively owns and manages over eight hundred apartments in several states. Over three hundred of those apartments participated in section 42 restricted rent housing program. He resides in Portland and is committed to socially responsible ownership of all his properties. He has partnered with Resident Resources to create a safe and secure environment for these valued individuals whom need affordable housing.All the properties that Mr.Jain owns are well maintained with responsible management employees who are compassionate about what they do. The property being located within walking distance to many local employers and employment sectors makes it an ideal location for those seeking affordable housing.The transportation needs of the Residents is well met as there are numerous transportation hubs within walking distance including Pacific Highway,the 217 and 5 freeways,bus routes and local rail transportation close by.The residents enjoy that there is adequate vehicle parking(171 parking stalls).This relieves them of the high cost of parking a vehicle.This can foster a sense of independence. The Apartments business name is Hawthorne Villas Apartments,it is considered a section 42 affordable housing complex also known as Low Income Housing Tax Credit(LIHTC). It is a federal Program created in 1986 under the Federal Tax Reform Act. It accounts for over 90%of the affordable housing in the United States.The nature of the property and location make it an ideal property to receive this tax abatement. For your records the tax parcel is R282429 in Census Tract 306.00 with a Zoning of R-12.The lot is over 207,000 square feet with multiple garden areas and courtyards. It has several laundry rooms for residents to do their own laundry. B. Projects Charitable Purpose Resident Resource's mission is to enable low income families of Oregon find and keep affordable housing.Through our resident service plan(RSP)we strive to create an environment in which families feel safe to seek additional assistance in education,employment and health services.We have an open door policy in which all are welcome. Each Resident whom resides or wants to reside at Hawthorne Villas has an appointment with a staff member who helps identify potential needs relating to our core values of affordable housing,continued educational opportunities,employment referral services.We offer mediation assistance with the ownership/management to prevent evictions that may lead to homelessness. Our many health and social services contacts and referrals are a great resource for the residents with a focus on confidential assistance. Our commitment to the Citizens of Tigard and around the state of Oregon has been to maintain an dignified approach to foster a confidential yet friendly approach to the housing needs of families who may need affordable housing. Many Residents face other significant challenges that can be softened with the right approach.This is done while maintaining the integrity of the property both materially and physically. Creating a safe environment for all Residents is our highest Priority. Hawthorne Villas Ownership has made a significant commitment to fund Resident Services to a level where each resident can have a personal touch that will encourage them to use our services if needed.The tax abatement will go a long way to helping these fine Citizens of Tigard. C. Certification Of Resident Income Levels Hawthorne Villas is a rent restricted apartment complex that will only rent to individuals or families whom make at 60%or below of Washington County Area Medium Income.This compliance is achieved with our advertising,application process,verification process..We are experts in compliance and monitoring in this area,overseeing each and new Resident as well as a yearly audit of each Resident File and our record keeping.The property will remain rent restricted for at least the next four years.See Attachment#4 Resident Resources D. How Tax Exemption will Benefit Residents With this tax exemption we are able to maintain the low income and affordability component to this property.The Tax exemption also allows us to fund Resident Resources thus reducing Homelessness in the City of Tigard as well as providing valuable services for some families who most need it.Through our efforts and management style we have consistently reduced police contacts with Residents which reduces costs to the City.The tax exemption allows us to staff a position which takes some of the burden off of the City of Tigard's resources.The exemption is used to create a safer,healthier,more stable environment for Low Income Families. E. Tax Exempt Status Resident Resources is a Domestic NonProfit Public Benefit Corporation Registered in the State of Oregon. Registration#118973395 Certificate of Existence attached as attachment#3 Our Non Profit is formed in the State of Oregon and follows federal guidelines for 501 (c) (3). Our EIN number is #81-1513248 Our Corporation is organized exclusively for charitable,religious educational or scientific purposes Including for such purposes the making of distributions to organizations that qualify as exempt by the Internal Revenue Service,or the corresponding section of any future federal tax code.Resident Resources is a general partner with Hawthorne Villa,an Oregon General partnership and co manages the property. E Attachments 1. Site Survey a. Building A b. Building B c. Building C d. Building D First floor e. Building D Second floor f. Building E g. Building F 2. Oregon Certificate of Existence 3. State of Oregon Amended Annual Report 4. Certification of Low Income Housing Restriction 5. IRS Certificate of 501 3 (c) 6. Articles of Incorporation 7. Tualatin Tigard School District Resolution Approval c . ti\,t z■ Resident Resources G. Verification of Information All the information provided above including attachments below are accurate and complete. Hawthorne Villa an Oregon General partnership is co-managed by Hawthorne Villa GP LLC and Resident Resources. I do so attest to its truthfulness and certify it. A A ' / William S.Maxwell President Resident Resources Date J/ S — 4 County CGC_ .AK1-10•S This record was acknowledged before me on(date) Cr1A.CO \3 20 2y by (name(s))of individual(s) `IVA1`OVYIS. ra0AVVtk / 111/19/14.9 / / (l/1� G` Notary Public State of Oregon Signatil • `1W-Cl [ O( (� `1 tanc et,V (1 Official Seal Name .40--111?:?, OFFICIAL STAMP :� ` Y NOTRAAR RO BLIC-ONA REZGONAN %., COMMISSION NO 1022361 MY COMMISSION EXPIRES MARCH 22,2026 State o OFFICE OF THE SECRETARY OF STATE Corporation Division Certificate of Existence 2641074 I, LAVONNE GRIFFIN-VALADE, SECRETARY OF STATE and Custodian of the Seal of said State, do hereby certify: RESIDENT RESOURCES is a Nonprofit Corporation under the laws of The State of Oregon and is active on the records of the Corporation Division as of the date of this certificate. In Testimony Whereof, I have hereunto F set my hand and affixed hereto the ,�'_ Seal of the State of Oregon. \\\\ _. c7";-i)4111- Le_ '%I ' ,..„) _.)I8-6 4 LAVONNE GRIFFIN-VALADE, SECRETARY OF STATE Issued Date: 2/12/2024 4 Come visit us on the internet at: https://sos.oregon.gov/business • Ei, t :}tiw 44 or use the QR code to check their current status. .�tt TIGARD-TUALATIN SCHOOL DISTRICT 23J RESOLUTION NO. 2223-17 A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER OREGON REVISED STATUTES FOR A NON-PROFIT LOW- INCOME HOUSING PROJECT OPERATED BY TIGARD SENIOR HOUSING LIMITED PARTNERSHIP. WHEREAS,ORS 307.540 to 307.548 authorizes property tax exemptions for housing owned by non-profit corporations and occupied by low-income persons; and WHEREAS, Resident Resources Oregon,has requested an exemption from property taxes effective 2023 under ORS 307.543 for a certain low-income housing project within District boundaries on the value of the Hawthorne Villas property located at 7705 SW Pfaffle Street in the City of Tigard and meets all applicable criteria for exemption. NOW THEREFORE,BE IT RESOLVED: 1. The Tigard-Tualatin School District 23J Board of Directors hereby approves the use of an exemption from District-assessed property taxes effective 2023 on the value of the property located at 7705 SW Pfaffle Street in the City of Tigard that qualifies for the property tax exemption programs administered by the City of Tigard and Washington County as provided in the non-profit corporation low-income housing program authorized under ORS 307.540 through 307.548. DATED this 8th day of May, 2023. Tristan Irvin, Chair ATTEST: Dr. Sue Rieke-Smith, Superintendent AMENDED ANNUAL REPORT E-FILED Corporation Division Feb 12, 2024 i^'k'.'- I sos.ore on. ov/business v�o. ` .,ft 9 9 OREGON SECRETARY OF STATE REGISTRY NUMBER 118973395 REGISTRATION DATE 02/19/2016 BUSINESS NAME RESIDENT RESOURCES BUSINESS ACTIVITY RESOURCE PROFESSIONAL SERVICES THAT ASSISTS TENANTS IN THE FINDING AND KEEPING AFFORDABLE HOUSING.TO ASSIST TENANTS IN REDUCING RENTAL AND LIVING EXPENSES.TO REDUCE HOMELESSNESS. MAILING ADDRESS 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA TYPE DOMESTIC NONPROFIT CORPORATION PRIMARY PLACE OF BUSINESS 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA JURISDICTION OREGON REGISTERED AGENT WILLIAM MAXWELL 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA If the Registered Agent has changed, the new agent has consented to the appointment. PRESIDENT WILLIAM S MAXWELL 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA Page 1 .\ Corporation Division pi' eaa pl sos.oregon.gov/business OREGON SECRETARY OF STATE 4•..:• %. SECRETARY ANDY K TREVINO 248 GREENRIDGE DR LAKE OSWEGO OR 97035 USA I declare, under penalty of perjury,that this document does not fraudulently conceal,fraudulently obscure, fraudulently alter or otherwise misrepresent the identity of the person or any officers, directors, employees or agents of the corporation on behalf of which the person signs. This filing has been examined by me and is, to the best of my knowledge and belief,true, correct, and complete. Making false statements in this document is against the law and may be penalized by fines, imprisonment, or both. By typing my name in the electronic signature field, I am agreeing to conduct business electronically with the State of Oregon. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement. ELECTRONIC SIGNATURE NAME WILLIAM MAXWELL TITLE PRESIDENT DATE 02-12-2024 Page 2 Internal Revenue Service Department of the Treasury P.0.Box 2508 Cincinnati,01.1 45201 Date: March 3, 2017 Person to Contact: Mr. Molloy—ID#0203248 Toll Free Telephone Number: 877-829-5500 WILLIAM MAXWELL 4800 SW MEADOWS RD STE 300 LAKE OSWEGO OR 97035 Dear Sir or Madam: This is in response to your letter of January 30, 2017, requesting copies for Residents Resources. Enclosed are the copies you requested. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely, Jeffrey I. Cooper Director, Exempt Organizations Rulings and Agreements INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 81-1513248 s'•,e L. 1016 DLN: 26053478001966 RESIDENT RESOURCES Contact Person: 4800 SW MEADOWS RD SUITE 300 CUSTOMER SERVICE ID# 31954 LAKE OSWEGO, OR 97035-5277 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: February 19, 2016 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) section 501(c)(3) . Donors can deduct contributions they make to you under IRC Section 170_ You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c) (3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 990/990-Ez/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or-notice for three consecutive years. your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization; go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 5436 _2- RESIDENT RESOURCES Sincerely, Jeffrey I. Cooper Director, Exempt Organizations Rulings and Agreements Letter 5436 ARTICLES OF INCORPORATION „� E-FILED Corporation Division Feb 19,2016 www Pilin inor on.CoiY1 � � OREGON SECRETARY OF STATE REGISTRY NUMBER 118973395 TYPE DOMESTIC NONPROFIT CORPORATION 1.ENTITY NAME RESIDENT RESOURCES 2.MAILING ADDRESS 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA 3.NAME&ADDRESS OF REGISTERED AGENT WILLIAM SETH MAXWELL 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA 4.INCORPORATORS WILLIAM SETH MAXWELL 4800 SW MEADOWS RD #300 LAKE OSWEGO OR 97035 USA 5.TYPE OF NONPROFIT CORPORATION Public Benefit 6.MEMBERS? No Page 1 J; 0 r:. Corporation Division www.fi}inginoregon.corn OREGON SECRETARY OF STATE • e$s�y 7.DISTRIBUTION OF ASSETS Said corporation is organized exclusively for charitable,religious,educational,and scientific purposes, including,for such purposes,the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3)of the Internal Revenue Code,or the corresponding section of any future federal tax code. No part of the net earnings of the corporation shall inure to the benefit of,or be distributable to its members,trustees,officers,or other private persons,except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof.No substantial part of the activities of the corporation shall be the carrying on of propaganda,or otherwise attempting to influence legislation,and the corporation shall not participate in,or intervene in(including the publishing or distribution of statements)any political campaign on behalf of or in opposition to any candidate for public office.Notwithstanding any other provision of these articles,the corporation shall not carry on any other activities not permitted to be carried on(a)by a corporation exempt from federal income tax under section 501(c)(3)of the Internal Revenue Code,or the corresponding section of any future federal tax code,or(b)by a corporation,contributions to which are deductible under section 170(c)(2)of the Internal Revenue Code,or the corresponding section of any future federal tax code. Upon the dissolution of the corporation,assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3)of the Internal Revenue Code,or the corresponding section of any future federal tax code,or shall be distributed to the federal government,or to a state or local government,for a public purpose. Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located,exclusively for such purposes or to such organization or organizations,as said court shall determine,which are organized and operated exclusively for such purposes. By my signature,I declare as an authorized authority,that this filing has been examined by me and is,to the best of my knowledge and belief,true,correct,and complete. Making false statements in this document is against the law and may be penalized by fines,imprisonment,or both. By typing my name in the electronic signature field,I am agreeing to conduct business electronically with the State of Oregon. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted,executed,or prepared in electronic form and that if a law requires a record or signature to be in writing,an electronic record or signature satisfies that requirement. ELECTRONIC SIGNATURE NAME WILLIAM MAXWELL TITLE REGISTERED AGENT DATE SIGNED 02-18-2016 Page 2 Attachment F. 1 Site Survey ,—....---.. ------T... .,;..,. --..-=.:— -------.--- -- - : — .,-;-------7.E,rk,--- ...-..=-IN • , : e j""'"r".""r"••-••••- ....-.1....7 "V.--.,-- /....-=-•••rn4V...1 1 _. .:;rz..i.-------=.--21:47.7.ri "^—c-•:-1.74i:TIM -eie "=",Va --_7. 7.- :_--i:-:-=' t-v-1 "'""" i ?'- alK4r1 I I 4 i-'i •uellos 4- --;,...-_ 4,.:,1,,,,- -11111111mam_ ._,.. _ sc6 1111 r•-,— ..." 4 7:5.-; _ 411 1, : .,. , ' 1- 1,• .1\i-Z.a4t,''''''''f--,.T."-.. . ....-_,..... ..7- ". . ' -'9-7,-17.2, - .--:ic.i. „ •....47t. •4 i; 1 ..le, -----: • 0:e.-...-":.:4-,,,,:.„/ .• i , . ,,,, . . . :,:i.L.., .--:-_-- „..„..,,,, -. 4 .. 1 ,. i . ... • / ';',., . 4./-,,,.../ .- ;...'7 ., 1 ' ' t.4"•-•:••1:--- .-;•-, 41.-4.:1,-1,"Z-'.-4---*--"Ik.'1.:.', ..-:;... .i4"17...le... ..... '';i -?.........L_1 ; L . 1 Attachment F.a. Building A i m Hv-ke aoliTraa<; AC_ a'65 nn ....- < _i -3 1" ° gay 's,„.° mt., _ 73 Z " CO rang tibO1 i cmuOar E .f3 VI> Et tv4t1 .I 51'9 Tr J40 o iji Attachment F. b. Building B x ay Fprty,8007A ISMi 17Yid tAGU?d(NOBS D C -- Et- Me are an •r o 0 t 4 r--- .77, ---/ .1....ia 4 _ --... i IIII C ss so c Ism +ss�. :,•:au IT. k a = u: a 1 ' a x Z (13i IV fail scow 8 t'"s 'tY m u ° - j it ( N _As p y i 1 GICP C �?+� 1 sass a n . tt Attachment F.c. Building C i cu NYid N(20.13 S$tN3 thrid 510413 a1,4335 DC Xi i _ ! lzn 0 ,fir ti I dp Air - II t3 i., c... 13 Xt in 31 i. w z .e (0 u n,ro A 1114 ..'''— � � — --� ----, f es a_ r �. �. - IS= Fr V , _ / < : ! a✓ ...--: 4— 'R to Attachment F.d. Building D 1W >c F o• 0 z0 11-7o-r.. m - -- < i i--- 1 'a .. > -4 in .* A. & Z —4 0 — — C --- 43 0 6 n II ti III si i r ,..., ——.1--. ---- ,y ifr:.111 le:Al . ..- ._>. •,..1 CI C 0 Z Ci) 7:4 "1 01 Attachment F. e. Building E Sao >c v aZ z m m NYW MK)ld CNQ535 NYlet#00'i i 14t0.4 __ .off_ rr --- > �i' rr 15-w .fl '�i'ti --J !1 i s!I A IF s — m E OM — -1 '. 1 Mir o 1 74r; JI,2 IL11 1 .v r - 74; 1• t4 E 4 \ II 1 ids GOL ic�.0 w.l . 11,�WWI 11 11 r i 11 J1 it cau or -. :21 I C WO If 1;2 ii LI OW--11 o W i -- �' — . _.._,_.. 0 0 .:s aC 0Z CO 7•71 1,0 Attachment F. 1. Building F 1W > c 5 i 2 0 0 7J Z 'n in tor-ta HCOli_ISM i SC SC IS%CP rii r_ rgi 1r C-7-= "me tie ,;-.74 V9 a3715 0 Jie . ..; ,3 ..,..-.- > j tt it iiii II LI 1.II —I !I, I •I .-----1---73 ii 1, ii !....A, ... .... F z -4 co tald tt001.1 ONC133S ............. , .................--.- IS Sas -5 StS.11 MCS -,„.=:; 4$1,0 litreir m ir ,.,s.. -- -eL.40 A LW = SS 51,9 ,... i N....... ,...._., e L. , . ii ii I•M Z is. 17. - u ii -1----, - c.., '7 — '-i I I II .., ,,,, 4,--r---,x ," . . • .. . . . , , ..r,„, tri„ ♦ STATE OF OREGON County of WaNtinlltos I Ss Jerry: }'; 4 &k .ita • +�'`�.4tr�" - ' e•lwd writ .1 Doc : 97032421 Rect: 184112 83.00 04/09/1997 04:02:29pm • 1 ■ tai • 1-- 15 Y 1 'RECORDING REQUESTED BY • TO: WHEN RECORDED,MAIL ally 42 f Dgittet e lash Ots oe97310 Mat Komi!.Katavor !PACS ABOVE FOR RECORDER'S use OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT 1 LOW-INCOME HOUSING TAX CREDIT DECLARATION OF LAND USE RESTRICTIVE COVENANTS THISLARATION OF LAND USE RESTRICTIVE COVENANTS,(this'Declaration"),dated as of— i---- r8�1 _ -1997,by end he successors end assign "Ouster"')is given as a condition precedent to the allocation of low-income housing credits by the --I Oregon Housing end Community Services Department,a governmental agency of the State of Oregon,together with item i any successor to its rights,duties,and obligations,(the"Department"). *(incl os 117 tax credit units and WITNESSETU: two -area managers' unite) WHEREAS,the Owner is or shall be the owner of a(n).112 unit ren using development,stte+staaagedwnits located on lands In the City of Tigard,County ofVettIngistn,State of Oregon,more particularly described in Exhibit —_I A hereto,known as or to be known as HarliEMILMILIA&APILIMEIn(the"Project");and WHEREAS, the Department has been designated by the Governor of the State of Oregon as the housing credit l agency for the State of Oregon for the allocation of low-income housing tax credit dollars(the"Credit");and 1 WHEREAS,the Owner has applied to the Department and entered Into a Determination Letter and Agreement for an allocation of Credit to the Project in an amount not to exceed One hundred eighty one thousand.one£ourty three dollars($18 1J43)of lig exempt bond Snanced.V1 low-income housing credit allocation;and WHEREAS,the Department has agreed to issue a Form 8609 to the Owner upon the execution and recording of this Declaration which constitutes part of the Determination Letter and Agreement;and II i WHEREAS,the Owner has represented to the Department in Owner's Low-Income Housing Tax Credit Application II . (the"Application")dated jyfarch 24. 1997,that Owner shall leasc/rent 100 percent of the units in the Project to individuals or nunilies whose income is 60 percent or less of the area firmly adjusted median gross income ("Low-Income Tenants")as determined in accordance with Section 42 of the Internal$eyenue Code(the"IRC"); 1. and I ( WHEREAS,the Department has determined the Project would require a Credit allocation in the amount of 1181.141 of tax credit allocation to be financially feasible;and WHEREAS,the Owner has represented to the Department rent restrictions It will maintain for the period of time MINIS as specified in the Determination Letter and Agreement;and 1 DECLARATION OF LAND USE RESTRICTIVE COVENANTS — LIIITC PROJECT NUMBER OR96-4-002 I PAGE I OF 10 i • ■ • s! • WHEREAS,the IIIC requires as a condition precedent to the allocation of the Credit that tie Owner execute,deliver and record thisDedmation in the official tend deed records of the county In which the Project Is located in order to create attain covenants running with the land for the purpose of enforcing the requirements of IRC Section 42 and the Department's Occupancy Restrictions foumi in Stolen S head by regulating and restricting the use,occupancy and trent&of the Pmject as set forth herein;and WHEREAS,the Owner,under this Declaration,intends,declares,and covenants that the regulatory and restrictive covenants set forth herein govemtng the use,occupancy,and transtbr of the Project shall be and are covenants •^ ninnies with the Project land herr the term stated herein and binding upon all subsequent owners of the Project land fbr such term,and are not merely personal covenants of the Owner, NOW,THEREFORE,in consideration of the promises and covenants hereinafter set forth and of other valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Owner and the Department agree as follows: SECTION 1-DEFINITIONS Alt the words and phrases used in this Declaration shall have the same meaning as when used in MC Section 42, Treasury Regulations or Notices promulgated pursuant to IRC Section 42,Department Administrative Rules,and the Department of Housing and Urban Development("HUDI Regulations union the context requires otherwise. --I SECTION 2-RECORDING AND FILING;COVENANTS TO RUN WITH THE LAND (a) Upon execution of this Declaration by the Owner and the Department,the Owner shall cause this Declaration and ail amendments hereto to be recorded and flied In the official public land deed records of the county in which the Project is located,and shall pay all fees and charges Incurred In connection therewith. Upon recording,the Owner shall immediately transmit to the Department an executed original or certified copy of the recorded Declaration showing the date,deed book and page numbers of record. The Owner understands and agrees that the Department will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Credit unless and until the Department has received the recorded executed original of this Declaration. (b) The Owner intends,declares,and covenants,on behalf of itself and all fixture Owners and operators of the wen Project during the term oftids Declaration,that this Declaration and the covenants and restrictions set forth in this Declaration regulating and restricting the use,occupancy and transfer of the Project(I)shall be and arc covenants gunning with the Project land,encumbering the Project for the term of this Declaration,binding upon the Owner's successors in title and all subsequent Owners and Operators of the Project(II)are not merely personal covenants of the Owner,sad(III)shall bind the Owner(and the benefits shall Inure to the Department and any past,present or prospective tenant of the Project)and Its respective successors and R assigns during the term of tbia Declaration. The Owner hereby agrees that any and all requirements of the r laws of the State of Oregon to be satisfied in order for the provisions of this Declaration to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in foil,and that any requirements of privileges of estate are intended to be satisfied,or in the alternate,that an equitable servitude has been created to insure that these meridiem run with the Project. For the longer of the period this Credit is claimed or the term of this Declaration,each and every contract,deed or other Instrument hereafter executed conveying the Project or portion thereof shall expressly provide that such conveyance is subject to DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4.002 PAGE 2 OF 10 ri-mx a • this Declaration,provided,however,the covenants contained herein shall survive and be eflbctiva tiles of whether such contract,deed,or other instrument hereafter executed conveying the Project or portion thereof provides that such conveyance is subject to this Declaration. (c) The Owner cements to obtain the consent of any prior recorded lienholder on the Project to this Declaration and such consent shall be a condition precedent to the issuance of Internal Revenue Service Form 8609 constituting final allocation of the Credit. SECTION 3-REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE OWNER The Owner hereby represents,covenants,and warrants as follows: (a) The Owner(I)is a limiksisentneaNia duly organized under the laws of the State of Oreton,and is qualified to transact business under the laws of the State of Oregon,(II)has the power and authority to own its properties and assets end to carry on its business as now being conducted,and(III)has the fill legal right, power and authority to execute and deliver this Declaration. (b) The execution and performance of this Declaration by the Owner rrt win not violate cr,es sppliczblc,ha: H- not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body,(II)will not violate or,as applicable,has not violated any provision of any indenture, agreement,mortgage,mortgage note,or other instrument to which the Owner is a party or by which it or the Project is bound,and(iII)will not result in the creation or imposition of any prohibited encumbrance of any nature, s (c) The Owner will,at the time of execution and delivery of this Declaration,have good and marketable title to �. the premises constituting the Project five and clear of any lien or encumbrance(subject to encumbrances :I created pursuant to this Declaration,any Loan Documents relating to the Project or other permitted MIN encumbrances). remi (d) There lane action,suit,or proceeding at law or in equity,or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or atlbcting it,or any i of its properties or rights,which if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Declaration)or would materially adversely affect its financial condition. (e) The Project constitutes or will constitute a qualified low-income building or qualified low-income project, -- as applicable,as defined in IRC Section 42 and applicable regulations. (I) Each unit in the Project contains complete facilities for living,sleeping,eating,cooking and sanitation(unless the Project qualifies as a aingie-room occupancy project or transitional housing for the homeless)which are �r to be used on other than a transient basis. (g) During the Term of this Declaration,all units subject to the Credit shall be leased,rented or made available to members of the general public who quality as Low-Income Tenants(or otherwise qualify for occupancy of the low-income units)under the applicable election specified in Section 42(g)of the IRC. (h) The Owner agrees that tenant and third parties will be eligible to enforce IRC Section 42 entitlements as DECLARATION OF LAND USE RESTRICTIVE COVENANTS , LIHTC PROJECT NUMBER OR96.4.002 PAGE 3 OF'10 111.1111111111111111111111.--,-. . • provided by the Fair Housing Act,ss amended, s. ,I (I) During the term of this Declaration,the Owner covenants,agrees and warrants that each low•Inoome unit „ is and will remain habitable„' (i) Subject to the requirements of IRC Section 42 abd this Declaration, the Owner may sell, tramtbr,or exchange the entkp Project it toy time,but the Owner shall notify in writing and obtain the agreement of an; buyer or wcosssor mother person acquiring the Project or any interest therm that such acquisition le subject to the requirements of this Declaration and to the requirements of IRC Section 42 and applicable regulations, This provision shall not act to waive any other resuicdon on male,transfer,or exchange of the project or any low-Income portion of the Project. The Owner agrees that the Department may void any sale,traasibr,or exchange ge of the Project if the buyer or successor or other person thus to assume in writing the requirements of this Declaration and the requirements of/RC Section 42. Notwithstanding the foregoing,the owner shall not dispose of any portion of a building which constitutes a portion of the Project and to which this Declaration applies unless the entire building is disposed of to such person, (k) The Owner agrees to notify the Department in writing prior to any sale,transfer,or exchange of the entire Project or any low-income portion of the Project. (1) The Owner will provide certified financial documentation acceptable to the Department to satiety the calculation ofa qualified contract and to begin the one year period for finding a buyer in accordance with IRC Section 42(hX6)if desired. (m) The Owner shall not demolish any part of the Project,substantially subtract from any real or personal property of the Project,or permit the use of any residential rental unit for any purpose other than rental housing during the tens of this Declaration unless required by law or unless the Department has given its prior written consent. (n) The Owner represents,warrants,and agrees that if the Project,or any part thereof,shall be damaged, destroyed,shaft be condemned,or acquired for public use,the Owner wilt use Its best efbsta,subject to the II rights of any mortgagee,to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction,or to relieve the condemnation,and thereafter to operate to' the Project in accordance with the terms of this Declaration. (o) The Owner warrants that it has not and wit not execute any other Declaration with provisions contradictory to,or in opposition to,the provisions hereof,and that in any event,the requirements of this Declaration are paramount and controlling as to the rights and obligations herein set forth and supersede any other ems, requirements in conflict herewith. am (p) The applicable fraction for each building of the Project during the term of this Agreement shall not be less than the applicable fraction specified in the Low-Income Housing Tax Credit Determination Letter and — Agreement(the"Agreement")executed by the Owner as.UIQ percent. [See IRC Section 42(h)(6)(B)] (q) The Department may require the Owner to reduce rents charged for low-Income units if property taxes imposed upon the Project are reduced because of a change in Oregon law, Any reduction in rent required by the Department shall not exceed the reduction in property taxes,taking into account any replacement taxes or equivalent charges: end shall further take into account prevailing operating exr neon or debt coverage requirements of the Pro,ect a ietder(e) DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96-4.002 5 PAGE 4 OP 30 g11111111111111.11.111.1111111" oaft (r) If the Section 8 Income Limits used to determine rent limits aro reduced to account fora reduction in propety to cs on the Fmject became of a change in Oregon law or ltrenu aro othertw Ise reduced by tbders ly aub�housing assistance programs or comparable program to account for a redut r In property woes Imposed on the Project because of a change in Oregon law and the Department determines that the reduced rent charged for low-income units in the Project appropriately reflects the reduction In property taxes,then Section 3(q)of this Declaration shall not apply. Ji (a) The owner will not reline to lease to a holder of a voucher or certificate of eligibility under Section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder. (t) The owner agrees to fill out and sign Part n of the Form 8609 required to be completed by the building owner for the first year of the credit period and return a copy(without Schedules and other supporting documents)to the Department for the purposes of compliance monitoring. (u) The Department may charge a reasonable fee comparable to fees charged by the Department for monitoring ---- activities In accordance with Section 8(d)of this Declaration for rent reviews and determinations made pursuant to Sections 3(q)and 3(r)of this Declaration. SECTION 4-INCOME RESTRICTIONS; RENTAL RESTRICTIONS The Owner represents,warrants,and covenants that from and after initial occupancy and throughout the remaining term of this Declaration and In order to satiety the requirements of IRC Section 42("Section 42 Occupancy Restriction?)that; (Check applicable percentage election) (a) (1)_ At least 20 percent or more of the residential units in the Project will be both rent-restricted and occupied by Individuals whose income is 50 percent or less of fbrnfly adjusted area median income. (2)1.At least 40 percent or more of the residential units in the Project will be both rent-restricted and occupied by individuals whose income is 60 percent or less of fbmily adjusted area median income. ams (b) The Department may require that the determination of whether a tenant meets the low-Income requirement E be made by the Owner or his designated agent at least annually on the basis of the current income of such I Low-Income Tenant. NM igLiel SECTION 5-DEPARTMENT'S OCCUPANCY RESTRICTIONS ] The Owner represents,warrants and covenants throughout the tern of this Declaration that; (a) Project rents will not exceed the gross rent allowable under IRC Section 42, i (Check b through e,If applicable) (b)$ The Owner will extend the Income and rental restrictions of IRC Section 42 for 11 years after the close of the compliance period. — DECLARATION OF LAND USE RESTRICTIVE COVENANTS LIHTC PROJECT NUMBER OR96.4-002 62 PAGE 5 OF 10 i. I '' (o)X. Rte of any provision In this Declaration to the contrary,the Department's Occupancy Restrictions provided by this Sectionn shailremaht in place for a period of la years or until January I,2Q2i except ., in the cue of foreciosure or deed in lieu of Streaks=of a prior recorded Ilan to this Declaration as I Iprovided in Section 6(b)(1)but subject to Section 6(o)of this Declaration. (Check applicable election) (d) (I)_X The Owner will$i33 the culled date upon which the Owner may request the Department to assist I in procuring a qualified contract for the acquisition of the low-income portion which to a part of the Protect to after year 14,from the year the project was placed in service, (e)_ Operating reserves when released from restricted use shall be wholly used to subsidize tenant rents consistent with guidelines prescribed by the Department. ! SECTION 6-TERM OF DECLARATION (a) Except u hereinafter provided,this Declaration and the IRC Section 42 Occupancy Restrictions specified herein shall commence with the first day in the Project period on which any building which is part of the Project Is placed in service and shall end on the date which is 15 years after the close of the compliance period. (b) The Owner shall comply with the requirements of IRC Section 42 relating to the extended use period, provided,however,this Declaration and the extended use period for any building which is part of thls Project shall terminate: (1) On the date the building is acquired by foreclosure or instrument in lieu of foreclosure;or gilei (2) On the last day oftheono-year period specified in IRC Section 42(hX6)(I),if the Owner has properly regquested in accordance with IRC Section 42 that the Department assist in procuring a qualified 1-___., contract fbr the acquisition of the low-Income potion of any building which Is*part of*.Project, the Department and the Owner have agreed upon the terms of sale as specified in Section 3(1)of this Declaration,and the Department is unable to present a qualified contract within one year of reaching written agreement regarding the terms of sale. (c) Notwithstanding subsection(b)above,IRC Section 42 rent requirements shall continue fbr a period of three years tbltowing the termination of the extended use requirement pursuant to the procedures specified in subsection(b)above(hr those tenants existing as of the date of termination. During such three year period, the Owner shall not evict or terminate the tenancy of an existing tenant of any low-income unit other than for good estate and shall not increase the gross rent above the maximum allowed under the ERC with respect . to such low-income unit. (d) If the Owner has agreed to optional Department's Occupancy Restrictions as reflected in Section 5 of this i Declaration,neither this Declaration nor the extended use period shall terminate until the time period for compliance with such Department's Occupancy Restrictions has expired subject to earlier termination under Section 6(b)(I)above. DECLARATION OF LAND USE RESTRICTIVE COVENANTS I LiRTC PROJECT NUMBER OR96-4-002 PAGE 6 OF 10 I — - SECTION 7-ENFORCEMENT OF DEPARTMENT'S OCCUPANCY RESTRICTIONS (a) The Owner shall permit,daring normal business hours and upon reasonable notice,any duly authorized representative of the Department,to inspect any books and records of the Owner regarding the Project with respect to the incomes of Low-Income Tenants which pertain to compliance with the Department's Occupancy Restrictions specified In this Declaration, (b) The Owner shall submit any other intbrmation,'documents,or certifications requested by the Department which the Department shall deem reasonably necessary to substantiate the Owner's continuing compliance with the provisions of the Department's Occupancy Restrictions specified in this Declaration. SECTION S-ENFORCEMENT OF SECTION 42 OCCUPANCY RESTRICTIONS (a) The Owner covenants that it will not knowingly take or permit any action that would result in a violation of the requirements of IRC Section 42 and applicable regulations of this Declaration, Moreover,Owner covenants to take&ty iawf l action(including amendment of this Declaration as may be necessary,in the opinion of the Department)to comply Idly with the IRC and with ail applicable rules,rulings,policies, procedures,regulations or other official statements•promulgated or proposed and published by the United States Department of the Treasury,the Internal Revenue Service,or HUD from time to time pertaining to Owner's obligations under IRC Section 42 and affecting the Project. (b) The Owner acknowledges that the primary purpose for requiring compliance by the Owner with restrictions provided in this Declaration is to assure compliance of the Project and the Owner with IRC Section 42 and the applicable regulations,AND BY REASON THEREOF,THE OWNER IN CONSIDERATION FOR — — RECEIVENGLOW-INCOME HOUSING TAX CREDITS FORTIES PROJECT HEREBY AGREES AND CONSENTS THAT THE DEPARTMENT AND ANY INDIVIDUAL WHO MEETS. THE INCOME 'i LIMITATION APPLICABLE UNDER SECTION 42 (WHETHER PROSPECTIVE, PRESENT OR —. FORMER OCCUPANT)SHALL BE ENTITLED,FOR ANY BREACH OF THE PROVISIONS HEREOF, AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE SPECIFIC PERFORMANCE BY THE OWNER OF ITS OBLIGATIONS UNDER THIS DECLARATION IN A STATE COURT OF COMPETENT JURISDICTION. The Owner hereby further specifically acknowledges that the beneficiaries of the Owner's obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. —. (c) The Owner hereby agrees that the representations and covenants set forth herein may be relied upon by the Department and all persons interested In Project compliance under IRC Section 42 and the applicable regulations. (d) The Owner agrees to take any and all actiuns reasonably required by the Department to substantiate the Owner's compliance with occupancy restrictions of IRC Section 42 as now constituted or subsequently amended and other occupancy restrictions of the Department as now constituted or subsequently adopted and will pay a reasonable the to the Department for the Department's monitoring of the Owners compilance based upon the Department's monitoring costs. (e) This Declaration and the Determination Letter and Agreement of which it is a part may be enforced by the Department or its designee In the event the Owner fhils to satistj+any of the requirements herein, In addition, DECLARATION OF LAND USE RESTRICTIVE COVENANTS LraTC PROJECT NUMBER OR96.4-002 PAGE 7 OF 10 • this Declaration stall be deemed a contract enforceable by one or more Tenants as thud-party beneficiaries of the Declaration and Determination letter and Agreement. In the event the Owner fails to satisfy the requirements of this Declaration or the Determination Letter and Agreement and legal costs are incurred by the Department or one anions of the tenants or beneficiaries,such legal costs,Including attorney Ikea and court coats(including costs dapped);are the responsibility of,and may be recovered from,the Owner, SECTION 9-EXTENDED LOW-INCOME SOUSING COMMITMENT APPLICABLEN* M Option ••t • weal t has been entered into with Tualatin Valley Housing hereby agrees to transfer the Project to a"qualified nonprofit organitardon"(as defined In IRC COW j acceptable to the Owner,the Department and the mortgage lender after the end of the calendar g years after the issuance of the Forms 8609 for the Project,or as soon thereafter as the can be co+ ted,on the following terms: (I) conalderation for the transfer shall be in accordance with the formula in IR -- on 42(hX6XP) in equal to the sum of(a)the principal amount of outstanding . • einem secured by the Project, the adjusted investor equity in the Project,and(c)other capi -•ntributionenot reflected in the •• {• described above,reduced by cash distributions from(o enable fbr distribution from) the Project, (2) Owner shall be and- obligation to transfer theProje t t• qualified organization In the event that no acceptable • ,_r lion accepts title and a mes Owner's obligations before the end of the calendar year flitting . after the lesu •- the Forms 8609 for the Project, (3) In making the determination o -transfer • fled nonprofit organization,first right of refusal shall be given to I (4) Any controversy related to the • io •f the transferee qualified organization shall be settled by • arbitration pursuant to the rut •fthe -:can Arbitration Association. (b) Owner further covenants to use - •noble best effort assure that,at the time of the transfer: (i) the Project is generating stun-a• h flow to service Project •^ and pay Project operating expenses;and(ii) the Project is in rear• • good physical condition(for a i-family apartment project of its age and quality). ..r (c) No provision• • section shaft prevent any lender loaning hinds_-- d by the Project front foreclosing mom _ on the pro• or otherwise exercising its foil right as a lender. In the - of a bonafide foreclosure or — transfer• +• Project to a lender by a deed in lieu of foreclosure,the fbreclos •er shall take the Project flee . clear of any obligation to transfer the Project to a nonprofit organizatto •r to operate the Project .le housing except as provided for In IRC Section 42. The Department its assigns shall have SECTION 10-MISCELLANEOUS (a) Severability. The invalidity of any clause,part,or provision of this Declaration shall not affect the validity .r of the remaining portions thereof. 1 DECLARATION OF LAND USE RESTRICTIVE COVENANTS 9 LIBTC PROJECT NUMBER OR96-4.002 PAGE 3 OF 10 °'! •' (b) N tic i. AU notices to be given pursuant to this Declaration shall be in writing and shall be deemed given ki when mailed by certified or registered mail,return receipt requested,to the parties hereto at the addresses set fbrth below,or to such other place u a patty may tom time to time designate In writing. To the Department: Oregon Housing and Community Services Department ATTN: LTHTC PROGRAM 1600 State Street Salem,Oregon 99310.0161 To the Owner: HAWIlfORNEt VILL*LIM1111D PMLTNBRSHIP ATrN! rtr;Af RENNAKER i6101 SW 72NDAVffiNUfi_SUITTI20Q The Department,and the Owner,may,by notice given hereunder,designate any further or different addresses to whirls subsequent notices,certificates or other communications shall be sent. (C) iknandmag, The Owner egress that it will take all actions necessary to effect amendment of this Declaration as may be necessary to comply with the DRC,any and ail applicable rules,regulations,policies,procedures, rulings,or other official statements pertaining to the Credit. The Department,together with Ownter,may execute sad record any amendntent or modification to this Declaration and such amendment or modification shall be binding on third-parties granted rights under this Declaration, — (d) Subnrdinalon eneciatigign. This Declaration and the restrictions hereunder are subordinate to the gamma ben and bat documents on the Pra}ect in an original principal amount not to exceed except insofar as IRC Section 42(hx6)(E)otherwise requires. The Department may subordinate this Declaration to other Financing,in its sole discretion and such subordination shall be binding on all third- parties granted rights under this Declaration, (e) Governing 14w. This Declaration shall be governed by the laws of the State of Oregon and, where applicable,the laws of the United States of America. (f) bargbagralligetions. The obligations of the Owner as set forth herein and in the Application shall survive the allocation of the Credit and shall not be deemed to terminate or merge with the awarding of the allocation, 1 1 • DECLARATION OF LAND USE RESTRICTIVE COVENANTS 0 LIHTC PROJECT NUMBER OR96»4.002 i PAGE 9 OF 10 G r WS _ ' IN•WITNESS W1611110F, the Owner has caused this !?eclaration to be signed by its duly authorized f representatives,tatives,ae of the day and year lint written above. 44' OWNER ,,_ Vi _sr ted Partnership • • Ey: � r%► i Name: G. David Sgbaetian Title: P iid t•I wtharne Villa GP, Inc., General Partner of Hawthorne Associates Limited Partnership, a General Partner -- STATE OF OREGON ) County of Washinaton ) The instrument was acknowledged before me this VA-- day of dip HI , 191/by G. David Sebaet�resident , NOTARY PUBLIC FOR OREGON i / • men i� My Commission Expires: NOV. 191 X000 —. yy rho doeraenlp,vpandlhlt�{grrh27.194T,by: T�^�.� k4i�,,_� Otr T t Kam.P.Kellner rilk tar Cnrdlf Program Reprrtentative h.MOVIhAliren\ An sal387 1 • - DECLARATION OF LAND USE RESTRICTIVE COVENANTS " LIUTC PROJECT NUMBER 0896-4.002 ' PAGE 10 OF 10 . • secure: *AS :ids 21 ht pant of the toot's siohaadaao Deaatica road o3 ala to eau Worthosst tauter of the Southwest gwietae of Softies 36, Township 1 song. tango 1 West of the V tlaMlb !Within, is the City of Tigard, County of Waabingtot and State"! otsgea, dosotlbod as foilowt 1211131 010 at the Worth 1st corner of the George Richardson Donation Land Maio, situated in Section 31, Township 1 South, Range 1 West, MSllaostta Meridian. thanes loath $100' Past, $117.40 !sot to a foist is tats Werhharrly tweedier lima of said DonatiS* Land Cleat theta, South O11• test, 1244.0 fast to m ims 106s. mad ism► pipe rarkiug tate Northwest corner of that tract ooatayid t+a teed look 27S, Pia 6401 tissues South $1049' last, 15.0 tout clang the Nectar line of that trout Contend is Deed Seek 379, Wags 14S to the Northeast oorser at said tract and twos point of hngLnaieg of the tara*t herein dimwlhedi theses South e9049, last, 28.0 (esti theses Worth 0411' pass parails%with the Past line of that. treat described in deed to Lessard 1. Cases, at 44, toroordsd Oaasasy 1.6. 1966, in,Book 677, Page 139, Washington Ri t boards. 373.16 fest? theca,South 66°17' Salt,'96 lost to the salt line of said coos trastt thanes South 0°n' Wast along the/Suit line of said Orion tract. 311.0 Leet to the Swttheaak comer thereott thew*Wog*68°19' Wast along the froth lies of said Oisoa ttsact, 121.6 lest bathe Southeast corner of that tract conveyed in Deed loak 179, Page l4St thoaoe Werth 0013' last ai?sg the net lint of that tweet comwersd Ls Deed Book 379, Sags 646, 141.34 last, smear lose, to ths'trua paint of beginning, all situated in Washington coumy. 0sugos. ease= est a past of the footle ltichWsoa Donation rand 01ain in'tea $ortheast %easter of the southwest trustee of sectio', 36, Touuship 1 South, Tanga 1 West of the W411adett„ Keridias, is the City of Tigard, County of Waahingtoo and Stets of orogen, dosasibed as foilowss SSPOIODO at the Northwest=roar of the aeons° 1inbasdosn D°n&tioa Land Claim, situated in Sorties 36, Township 3.scuts', Range i West, Wttlaastta iissid ss; thaioe South 89000• past, 3867.60 !sotto a point in the Northerly boundary Ulna of said Do atiAO Land Crater thence mouth 0031' teat, 1204.0 feat to anima pipe, said LoanL pips marking the Tombeau* cornet of that.tract unswayed loosed Book 279, oaf 8 of harem described, thence South 1°49' last, 110.0 feet 1. 111 tot opo twee point thg ell' ■ to a point, rearseat Tenth 0011• Suet parallel with the Baal Tins of that tract described La deed to Liceerd S. Cases, et al. reonrdtd UMW 16, 5966. Ls gook 677, Page 139, Washington county Records, 173.66 feet to a potato theme Worth 01°37' Want, 110.0 feat to a point on the What lies of said Cason tracts ureses !oath 003.1' West along said Walt line. 173.66 feet to the taw point of beginning. • 12, Annannommr k . DAUM uX; h part of the Decays Richardson Donatiea Land claim Ln the Northeast quarter of the Southwest quarter of fe°tion 26, Tivnahip 1 South, Range 1 West of the 1it2,awatte Meridian, to the City of Tigard, county of Washington and State of Oregon, dseesib.4 ae follows: 21102123310 at the Northwest ooraer of the George Richardson Donation Land Olai*r eituated is Netting 36, Township 1 South, image i flat, Wiileortte $Neldian and running.thence tooth 69°00' fast, 1487.60 feet to a paint in the lesthesig boundary line of said Donation Land claw thence'South 003.1' Wast, 1204.0 fest to ae Lodgings. said Into pipe necking thin Nestineelet corner of that treat conveyed is Deed Bock 279, — Sage 645; thence South 19049' Bast. 88.0 feet along the Borth limy of that tract conveyed �� 7tne0 Northeast thanes Sootir B 9°49' at, 21.0fist: theiearth &t' psraIlal With hast lime of tbat tract daaoeibed La deed to Leotard f. Caeca, et al, resordadeeriay 16, 1166, is B ock 677. page 229. Washington county Records, 173.66 feat:sheat south stew Bast,' 81.0 feet to the true point of beginning of the herein deecrtbid pteslissa: theme mistiming mouth Witt pant, 49.0 feat to a point on the Bast list of said Cason tract: threes Month 00110 Wast along maid feat lite, 10.0 feet; those, Booth 6017' Mast, 45.0 test: thanes tooth 0°ti' Mist, 90.0 feet to the Una point of beginning. PIECEL 7k k part of the George Richardson Donation Land Claim in the Northeast Quarter of the Southwest quarter of Section 36, Township 1 South, Range 1 wart of the WillametteIllt I Meridiap, in the city of Tigard, county of Washington and State of Oregon, described fel as lows, moo DZCn®rnio at the Northwest corner of the George Richardson Donation Land Clain in Section 36, %township I tooth, Range 1 West, Willamatto nasLdian id the County of Washington and State of Oregon, sad running thence South 89°00' Meet, 1807.60 feet to a point on the Northerly boundary lino of said Donation Land claim: thence south 0°11' Post, 1030.34 fest to a point on the Wast line of that tract doscrihsd in deed raon.rd D. Cason, et al, recorded January 16, 1969, in Book 677, page 739, records of Washington County, being the westerly Northwest corner of that tract described in KSrtgage recorded October 29, 1960, in Book .722, Page, 920r records of 92102691:0n daunt?and the true point of beginning of the herein doseribed promises: thence south 8603.7' east 181.6 Bret; thence Borth 0011. East, 90.0 fest; thence South 180i7' but, 45.0 feet to a point on the Bast line of said Cason tract; thence Worth 0°11' Zest along said Bast lila, 171.34 fest to a point: thenen Worth 88017, Wast, 65.0 feet to a point; theses Saath 0°11' West:, 76.0 feet to a point: thence North ee°17' West, 141.6 feet to a point oaths West lion of maid Canon twists thence South ..0°11' West along said Wast line, 196.34 feet to the true point of hoginniog.• T 22 i PISOSilh • A parts of the Oeergu liobardoon Donation Land Slake La'the Morebsaat Water of the Southwest quarter of Station 36, Township 1 South, lenge 1 Nut of the TIJAmmstte Meridian, in.the City of Tigard, county of Dubin/atom And stats of capon, doneribed as follows. • lttlaIl!!IS at the tuthssnt oosoer of the George Richardson Donation Land Clair, in Tuition 3t, Tranship 1 tWth, Mango 1 Watt of the 113L1eeatte Isoidi li and s themes South 89°00' list, 2847.60 dist to a point oaths Kenthorly heandsiy Lias of lat+d Deaauiaa Lod 01.41a/ thence loath Doli• 1/94t, 644.0 Legate o a p&ist as the Neat lits of that tract du°ribed in dined to Leonard M. Cason at al, remoras' aaaumty Lir 1966, in look 677, PUP 2.39. rusazda of •Whbliagbon COuaty, honing the W.aturiy — tenth out duster et thin lust tract ducribed in butting* moiled itbssert 4, i969, is Sook 732, Page SS, i000rds of Itoohington oommty smiths tattooist of begiaaiag of the Mania doomtU a4 poopeaty/ %beams Smith 81°17• lest, 141.6 !sotto a plot, thea* Month 0°i/1 Soot. 76.0 lett to pinup thecae month 00'37' Seat. 65.0 sena to a wish an the Soot lino of said Casae tract/ theme Warth 0032.9 Wart aloof raid Mast lisa, 133.66 foot to a poiaEs tbauce Worth W17' Matt, 204 feet to a point on tate test lice of said Osseo tract/ theses South ell' Nut along ta34 Stat Use, 190 lett as the true point of beginning. PARTJL one Aloft of lbs Oeerge Wiobarduon Donotioo Load Claim Lathe Oorth5a1C giants' of thin Ststbwest Wanton of&ratios 34, To nohip 1 south, Sanyo 1 West of tap N'Liiamate Seridiaa, in the City of Tigard, County of buhington And Sbato of Otago*, decaribsd ac follows. 8643nsato at the Northwest cornet of thm Georg* Richardson Donation Land Claim La S estina 36, Township 1 South, Pangs 1 Nese of the Willamette Matidian, in the county of Washington tad Stats of oragon mad running talents *oath 69000' Stat, 5617.60 foot to a point of the Wortberly boonnda y line of said Donation Land oiaia/ theme !loath 00%19 Nit, 114.0 feet to.a point ea the Mast Sint at that tract described is deed to ..:s metra d S. tenon et al, recorded January 16, 1966, in Pooh 477, Sag* til, =condo of wasbington county, being the northwest owner of the first toast dsaoribed in Poetess,recorded is look 745, Page 216, rewords of Sashingtoa toasty and the tree VIII point of beginning et the Lavin dewo+aihe4 prepartyi thecae Mouth $4017' Mat, 264 feet to a point on the loot limo! said cameo treed b ies= Mirth 0011' Salt alias said last lite. 344.0 lent to spina; theme north 6062,7' Slut. 206 feet to a point on the Nest line of said Canon traott theme south 0011' Nest along said lest lion, VIIIr, 166.0 feet so the true point of beginning. -- I1 exoa RP. • � Of r a'r � • fl Ree A past of the newts *Lchax+iree Donation nand Clot*iat.ths lottheast *aster of rha Southwest gwstse.of Seettioa Tbeeoebip S South, Zings 1 West of the llilialatte ltorLdian, in the City of xigard, county of igiahinOtoa and hate of Or.4oe, Nsocibed ° as iollotwse p6ws>ael:las at Use 1lostber..t corn= Of the George Richardson Donation rand a3ai+n in N ation 36p thence south 1se00' east, 5667.00 tis to a point on the worehasll' boundary of said Donation Land.Claim; thence tenth Oo33', a90 fast to a point. $a14 • paint bele, the pottleesut sneer el a toast co&ny.d to 0856*Sidles and Croon Sidles , memone erased ftlogIded ea soman N. Nu Lamed Doak 10, wags 43, sat the tensa psiet of be0t0641gt thence loads pont' Wort, 174 feet•to a point on the haat line of that treat N"arited is a deed to Labnaad 2. Cason at al. ranosds0 daoaasy la, 3.1168 La look $77, - lagi 33$, ireerde of washiagtoe comity, Wing the merthairt owner of Sha Awls toast ' S esaadbied is siertgage elaooam•d flay is. 3173. is look 836, Page 161, swards of Washington Dowty! thews. Sent&WV, Sant, 206 Leet to a point on the scat line of said Olson trout, theme Worth 0e51• least along said east Uwe, 378 fest to the Sesta line of said Sides tarn* then=! thMeth se laws atong.the Malt lice of "aid Sidles tract, 206.0 feet to the true point of bpinnina. • • • • • • • • 1 • i5 AIS-5439 6. Business Meeting Meeting Date: 04/02/2024 Length (in minutes):25 Minutes Agenda Title: Climate Change and Health Impacts in Washington County including Tigard Authored By: Kenny Asher Presented By: Tigard Community Engagement Coordinator Judi Martin, and WashCo Public Health Representative Kathleen Johnson Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Washington County Public Health staff will share new health impact data connected to climate change and the threat it poses to residents citywide. ACTION REQUESTED In advance of the City Council's mid-year review of the City Council goals for 2023-2025,the presentation tonight will be relevant to Council's goal to Address Community's Impact on the Climate:Mayor Lueb and the Council will prioritize climate action that reduces the community's impact on the climate crisis and makes the community resilient to the inequitable impacts of climate change. That will include strategies to mitigate the carbon pollution impact of city operation, engaging with homeowners and renters, and exploring additional incentive programs for the community. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Council received a briefing on Climate and Community Resilience on April 12,2022. Public Involvement The Tigard Community Development team is serving as a convener for Climate Action Tigard; community members interested in educating and modeling achievable changes the community can make to reduce their carbon footprint and contribute to reduced greenhouse gas and carbon-dependent energy pollution that impacts public health. Impacts (Community, Budget, Policies and Plans/Strategic Connection) ALTERNATIVES & RECOMMENDATION Council can choose not to receive a briefing from the County's Public Health team. Teammates recommend participating in the briefing for its importance to the upcoming review of Council goals related to addressing the community's impact on climate. ADDITIONAL RESOURCES There is an enormous amount of data on this subject,but two agencies are relevant to Tigard-Washington County Public Health and the CDC.Attached is the 2023 climate health report produced jointly by Washington,Multnomah and Clackamas counties showing the effect extreme weather and poor air quality has on public health. Also attached is a report from the CDC illustrating the impact climate change has made on the Pacific NW population. Attachments CDC Regional Health Effects of PNW Washington Co Regional Climate Health&Monitoring 2023 WashCo PPt '��;' Centers for Disease ° ❑ ��`J� Control and Prevention r. .,1-744.Pok• El O° • I . Climate and Health Regional Health Effects - Northwest Health Impacts Temperature-Related Death and Illness While the Northwest is not typically considered a high-risk area for heat-related illness, heat waves (defined as 5-day, 1-in-10- year events) across the country are projected to increase in frequency and intensity. In the Northwest, nighttime heat waves (defined as 3-day, 1-in-100-year events) have a greater influence on human health than daytime heat waves and have increased in frequency since 1901 . These changes are projected to make heat-related illness more common in the future. In particular, agricultural workers are at increased risks for heat-related injuries because they work outside during the summer harvest season. Air Quality Impacts More frequent wildfires and poor air quality are expected to increase respiratory illnesses in the decades to come. Wildfire smoke can be severe, particularly in communities in the eastern Northwest. Smoke events during 2004-2009 were associated with a 7.2% increase in respiratory hospital admissions among adults over 65 in the western United States. In Boise, Idaho, 7 of the last 10 years have included smoke levels considered "unhealthy for sensitive groups" (including children) for at least a week during the fire season, causing some cancellation of school-related sports activities. Additionally, projected increases in ground-level ozone (smog), small particulate matter (PM2.5), and airborne allergens can further complicate respiratory conditions. Vector-Borne Diseases In the last several years, the region has seen an increase in some infectious diseases. A potential increase in Lyme disease cases in some states is associated with rising temperatures and changing tick habitat. The Washington Department of Health's vector surveillance program has observed an earlier onset of West Nile virus-carrying mosquitoes, likely associated with higher temperatures, and an increasing number of human infections, with some resulting in fatalities. Before 1999, >Cryptococcusgatti infections were limited to the tropics, but Cryptococcus gatti is now established in Northwest soil, with 76 cases occurring in Oregon in 2015. Water-Related Illness Future extreme precipitation events could increase the risk of exposure to water-related illnesses as the runoff introduces contaminants and pathogens (such as Cryptosporidium, Giardia, and viruses) into drinking water. The Oregon Health Authority recorded spikes in cases of Salmonella and E. coil during months with extreme heat in 2015. A large outbreak of Shigellosis (a bacterial diarrheal disease) occurred in late 2015, affecting a large number of homeless people in the Portland Metro region; this outbreak was associated with unusually extreme precipitation. Food Safety, Nutrition, and Distribution Climate change is projected to impact First Foods, or foods that tribes have historically cultivated for subsistence, economic, and ceremonial purposes. The cultural practice of harvesting and consuming First Foods is integral to Tribes. The loss or decline of First Foods is projected to have cascading physical and mental health impacts for Tribes. Changes in drought conditions and increased water temperatures have increased the potential for freshwater harmful algal blooms in recreational waters. Toxins from marine harmful algal blooms can accumulate in shellfish, leading to illnesses for those who eat them. Mental Health and Well-Being Climate-driven hardships can also affect mental health, resulting in outcomes ranging from stress to suicide. Oregon, Washington, and Idaho all rank among the top 10 states in terms of prevalence of mental illness and lowest access to mental health care. Children and youth, in general, will likely experience cumulative mental health effects of climate change over their lifetimes. The cultural practice of harvesting and consuming First Foods is integral to tribes and Indigenous health. First Foods are foods that tribes have historically cultivated for subsistence, economic, and ceremonial purposes. The loss or decline of First Foods is projected to have cascading physical and mental health impacts for tribes and Indigenous peoples. Populations of Concern Tribes, farmworkers, and low-income populations in urban and rural environments are three sets of frontline communities (those communities likely to experience climate impacts first and worst) in this region. CDC-Funded Jurisdictions Oregon Health Authority El The Oregon Climate and Health Program addresses the health effects of climate change by focusing on developing cross- sectoral partnerships and promoting systems and policy changes that build resilience across a broad range of climate impacts, including extreme heat, extreme cold, wildfire, air quality and respiratory illnesses, flooding, sea level rise, vectorborne diseases, water-borne disease, mental health, drought, harmful algal blooms, and extreme weather events, such and hurricanes and tornadoes. This work primarily serves local and tribal health departments, partner state agencies, community health workers, and other state public health programs, including emergency preparedness, chronic disease prevention, and acute and communicable disease. Some of the program's activities include developing the public health workforce, informing statewide climate policy and planning, and supporting partners in building social resilience. The Oregon Public Health Division (OPHD) has also provided funding, training, and technical assistance to five local health jurisdictions. Washington State Department of Health El With a 2019 mini-grant from CDC and the Council of State and Territorial Epidemiologists (CSTE), Washington state assessed climate and respiratory health issues. They developed best practice guidance on wildfire communications outreach and tested the utility of low-cost air quality sensors during wildfires. Washington State also received an additional grant from CDC in partnership with the Association of State and Territorial Health Officials (ASTHO) in 2019 to aid development of regional climate and health profiles and climate-related risk communication efforts. This project allowed for localized input to address specific needs in regions throughout the state. Washington State also received an additional grant in 2020 from CDC and the National Environmental Health Association (NEHA) focused on Health in All Policies (HiAP), which will help support local partners in identifying climate-sensitive health risks and generate resilience strategies that could inform local planning decisions, including county comprehensive management plans. In particular, Washington State plans to provide mini-grants to local health agencies and nonprofit community organizations, as well as host a workshop with local agencies, community organizations, and academic partners to share mini-grant learnings and generate next steps to increase consideration of climate change, health, and equity in local planning. Lummi Nation C3 The Lummi Nation (located in what is now called Washington State) is developing plans to protect their community from harmful algal blooms and toxins in shellfish that are influenced by warming waters. This included communication activities and assessment of local community needs. Swinomish Indian Tribal Community Cl The Swinomish Indian Tribal Community (located in what is now called Washington State) created the "Swinomish climate change health impact assessment and action plan" by tailoring CDC's BRACE framework using Swinomish-specific health values, definitions, and priorities. Extensive community input and "values-driven" data informed the plan. They documented and shared the process with other Tribes (i.e., through educational materials) so that they may be better informed to move forward with their impact assessment and action plans. Clackamas County Public Health, Oregon Cl Clackamas County Public Health partnered with multiple neighboring counties (Multnomah County Health Department and Washington County Public Health) to form a regional collaborate. They developed a comprehensive climate change and health impact assessment report and an accompanying data visualization tool for the Portland metropolitan region. The project involved engagement of stakeholders to ensure inclusion of local needs. Download the factsheet for Preparing for the Health Impacts of Climate Change in the Northwest lei [PDF - 190 KB Print Only]. For more on the effects of climate change on health in different regions, see "Preparing for the Regional Health Impacts of Climate Change in the United States." p [PDF - 2.78 MB] Relevant Links • Fourth National Climate Assessment Chapter: Northwest El • NOAA RISA: The Pacific Northwest Climate Impacts Research Consortium (CIRC) [l • NOAA State Climate Summary: Idaho El , Oregon [l , Washington [I • NIHHIS/NOAA 2020 Urban Heat Island Community Science Campaign Cities [l : Portland, OR; King County and City of Seattle, WA Page last reviewed:January 7, 2021 �,Z\ 3 Health, Housing MULTNOMAH COUNTY 3 < '4 9 &Human Services HEALTH DEPARTMENT 111160kx� OREGON P...�e�.P.emo<..P.o«��. 2012-2022 Regional Climate and Health Monitoring Report _ Og ti 0 y J 00 0 ,),,..0 0 Ov Summer 2023 Table of contents 1 Introduction 8 Climate and health indicators 8 Extreme heat 17 Extreme weather events 20 Air quality 28 Vector-borne disease 32 Communicable disease 40 0 36 Mental health 46 Looking forward 47 References Report contributors Allina Cannady,Public Health data analyst;Armando Jimenez,The Center for Population Health program manager;Dr.Sarah Present,health officer. Multnomah County.Brendon Haggerty,Healthy Homes and Communities manager;Jairaj Singh,climate and health program specialist senior;Dan Trifone,climate and health program specialist;Scott Moshier,health department communications. Washington County.Kathleen Johnson,community environmental health senior program coordinator;Lauralee Fernandez, emergency preparedness and environmental epidemiologist;Blanca Perez,emergency preparedness and environmental data analyst,Mary Sawyers,public health communications;Highland Edelman,climate and health program coordinator. Acknowledgments We would like to thank the stakeholders who shared their expertise on the intersection of climate change and mental health,the staff from the tri-county health departments and Oregon Health Authority for providing review and feedback on this report. Introduction Climate change and health Climate change is a major public health concern that affects the health and well- being of people living in the region.The 2018 National Climate Assessment found that the Pacific Northwest has warmed about two degrees Fahrenheit since 1900, resulting in warmer winters,declining snow pack,and more instances of high heat, drought,and wildfires?The 2023 Oregon Climate Assessment projects an average increase of five degrees Fahrenheit by 2050,and eight degrees by 2080.2 These reports found health impacts related to heat illness,infectious diseases,drinking water quality issues,extreme weather,and mental health. The 2023 United Nations Intergovernmental Panel on Climate Change reported that human induced climate change,including more frequent and intense extreme climate events,has caused widespread adverse impacts including losses and damages to nature and people.3 Across regions,those most vulnerable to climate impacts,including low-income households,Black,Indigenous and People of Color (BIPOC),older adults,young children,and people experiencing houselessness, are disproportionately affected.3 Addressing the cause of these environmental conditions and slowing future warming rates will depend on finding ways to reduce greenhouse gas emissions.4 Addressing the health impacts caused by climate change will require a collaborative and comprehensive approach involving public health,health care,community- based organizations,civic groups,private industry,and local and state elected officials.This approach will rely on identifying and monitoring the ways health is impacted by climate change in the region. 1 The Regional Climate and Health Monitoring Report provides data on 11 health indicators and includes population health data from the tri-county region:Clackamas,Multnomah,and Washington counties.The indicators span six areas that climate change is known to affect.Results from this report will help guide current adaptation and mitigation efforts and serve as a benchmark for ongoing measurement. This document is the third Regional Climate and Health Monitoring Report.The first report was released in 2019. This update: • Adds two years of the most recent data from 2021-2022 for most indicators. • Compares heat-related illness,air-quality related illness,and pollen allergy emergency department(ED)visits from 2021 to 2022 to recent years(2016-2019). • Explores the difference in populations seeking urgent and emergency care for exposure to extreme heat and air pollution compared to all cause emergency department and urgent care visits. • Takes a deeper look at acute climate events that occurred in our region in 2020-2022 and community mental health impacts,including: • Google search volume for anxiety,trauma,and mental health services during the June 2021 heat dome event. • Community and first responder informant interviews about mental health during acute climate events. • Highlights impacts from the June 2021 heat dome event on deaths,and emergency department and urgent care visits. • Changes some of the ways indicators are measured,which may result in different counts or rates than seen in previous reports. • Replaces National Oceanic and Atmospheric Administration(NOAA)extreme weather injuries and deaths data with Oregon vital(death)statistics data. • Replaces asthma-like symptom ED visits with air quality-related respiratory ED visits to capture all non-infectious respiratory visits to the emergency department. • Replaces general allergy ED visits with pollen allergy ED visits to capture more specific effects of increased pollen counts from climate change. The COVID-19 pandemic changed daily life in many ways.Across the United States,all non-infectious hospitalizations in 2020 were lower than previous years.5 Certain types of visits returned to pre-pandemic values near the end of 2020, but others,including infectious respiratory disease visits,remained low until 2021.6 This difference may be attributed to changed behaviors,such as masking,that decreases exposure to pollen allergens and changes to the ways people interacted with the healthcare system during this time.Data in this report suggest that most indicators returned to pre-pandemic levels in 2022;however,we need more time to understand the full extent of long-term behavior changes since the start of the pandemic. 2 Key takeaways This report updates baseline measurements of health conditions that are influenced by climate change with new data available from 2021 through 2022.It compiles data from multiple sources to capture a broad view of climate change and health.It also describes how more recent data compare to past years,and explores if populations seeking care at emergency departments for heat-related and air-quality related morbidity differ significantly by age,race/ethnicity,or sex compared to all emergency department visits. Key takeaways include: • During the summer of 2021,when the region experienced a record-setting heat dome event,94 people died,compared to a typical year where the region would expect one heat-related death. • ED visits during the summer of 2021 more than doubled,compared to the average number of visits in past years(2016-2019).That trend continued in 2022 when there were 40%more visits than in past years. As summer temperatures increase,illness from extreme heat is a continued concern for the region. • Since 2014,236 people in the region have lost their lives due to extreme weather events.Most people died due to extreme heat,but 84 of those people died because of exposure to extreme cold,which is also a growing concern. The death data related to extreme cold highlights the need to better understand the impact of cold-related illness(hypothermia). • More people visit the emergency department for air quality-related respiratory illness(including pollen allergies)than for any of the other health indicators included in the report. • To assess mental health impacts of climate change,researchers interviewed emergency and community responders who were working during the wildfires in 2020 and the heat dome in 2021.The most prominent theme identified during these interviews was a lack of mental health providers and services. Responders said that extreme weather events compounded trauma from the COVID-19 pandemic,historic inequities and systemic racism. 3 The tri-county region _‘; Multnomah Washington • county County F _ r, : Clackamas ` - County IOregon 0 The tri-county metro area is diverse,encompassing wild forestland,rich farmland,numerous rivers and lakes, and rural,suburban and urban communities.Clackamas,Multnomah,and Washington counties operate as a contiguous region where community members cross county borders to work,live,attend school,and recreate.They are the three most populous counties in Oregon with more than 1.8 million people,about 43% of the state's population?Since 2010,the regional population has increased by 12%. Increases in the number of residents creates a greater burden on our transportation,health care,utility, and social service systems—services people rely on during extreme climate events and other disasters. Projected climate impacts for Clackamas,Multnomah,and Washington counties include more extreme heat days,poorer air quality days,larger wildfires,and heavier rainfall increasing the risk of floods and landslides. These changes are already affecting the health of the region's population. Climate change and health equity The conditions in which we live,learn,work,and play are some of the strongest predictors of our overall health and well-being.This includes access to and availability Unequal of safe and affordable housing,jobs with fair pay,quality education,health care,and impacts safe neighborhoods.These conditions are shaped by past and present systemic racism,resulting in state and local policies designed to favor white communities.These Throughout this decisions have left many racial and ethnic groups without social or political power to build report,the groups intergenerational wealth and health,creating and reinforcing persistent health inequities. most impacted,either due to individual The impacts of climate change on health vary significantly by individual characteristics or community and community conditions.Black people,Indigenous people,Latine/x people,and other vulnerability,are people of color disproportionately experience the impacts of climate change.This is outlined for each because climate change worsens existing inequalities in our communities that are often health impact area. shaped by racism. For low-income communities and communities of color,power and resource imbalances have created unhealthy living,working,and learning conditions that put people at greater risk for exposure,including extreme weather,air pollution,and flooding,limiting their ability to recover from climate change events.8 Policy changes and public health interventions cannot alter traits like life stage or physical and cognitive ability.However,these changes can address social conditions at the root cause of inequities,such as housing affordability or working environments.9 It is essential that low-income communities,communities of color and other historically disenfranchised communities participate in climate adaptation planning as they best understand their needs and full range of health impacts. Key definitions Climate change vulnerability The degree to which people are at risk from the impacts of climate change based on the intersection of individual and community characteristics and considers how well they Health equity can cope with those impacts. Everyone has a fair opportunity to live a long,healthy Public Health Institute,2015 life.It implies that health should not be compromised or disadvantaged because of an individual or population group's race,ethnicity,gender,income,sexual orientation, neighborhood,or other social condition. Baltimore Public Health Commission,2017 Climate change resilience ' The ability to survive,recover from,and even thrive in changing climatic conditions. Public Health Institute,2015 — Systemic racism Racism is codified into our laws and institutions,which were created on a foundation of the ideology of white supremacy;it upholds systems,structures,and policies Urban heat island that were created to advantage white people while neither A neighborhood or part of a city that tends to get much serving nor benefiting people of color. warmer in the summer than other neighborhoods or Multnomah County,Declaring Racism a Public Health Cris surrounding rural landscapes due to differences in the landscape like unshaded roads and buildings. National Integrated Heat Health Information System 5 Reporting methods t) Indicator selection RIndicators for this benchmark were selected by a panel of local public health professionals based on guidance from national organizations,literature review,regional relevance,data availability,and previous climate change work in Oregon.Table 1 below shows each indicator in this report and the database from which it was sourced. lieBenchmark period The study period for this report is from 2012 through 2022 for all indicators except emergency department visits(heat-related illness,air-quality related respiratory illness,and pollen allergy symptoms),heat hospitalization,and extreme weather-related deaths.The data collection range for emergency department visits and heat hospitalization is 2016-2022 due to changes in data collection methodology in the Oregon Health Authority(OHA)Electronic Surveillance System for the Early Notification of Community-Based Epidemics(ESSENCE)system.The data collection range for extreme weather-related deaths is 2014-2022. 1;3Data presentation For each environmental area,we provide a description of how climate change creates conditions that O* affect health and we describe the groups that are most vulnerable to those impacts.These narratives are based on academic literature and local data sources. As in past reports,each indicator has a section called"What is happening in the region?"This consists of regional counts for each indicator in Clackamas,Multnomah,and Washington counties and presents a total for the entire tri-county region.Rates are reported per 100,000 population,as well as a count for the region and each county.Rates with counts of five or fewer events for individual counties or for the region are not reported due to possible reliability issues and identifiability.Rates are calculated with data from the 5-year U.S.Census American Community Survey.Rates for 2022 may change because we have used 2021 denominators.The American Community Survey 5-year population estimates for 2022 will not be released until December 2023;therefore,rates will be updated in future reports. In this third edition of the report,we look at significant changes over time for heat-related illness, air-quality related respiratory illness,and pollen allergy ED visits.We have also added excess visits for 2021 and 2022 compared to visits from 2016-2019.To compare ED visit rates in 2021 and 2022 with previous years(2016-2019),we calculated the annual proportion of indicator specific visits among all ED visits and used these to calculate relative risk,the 95%confidence interval and p-value. Results from 2020 are excluded from comparisons due to the impact of modified behavior during the pandemic on visit counts.For pollen allergy-related visits,seasonality of ED visits was explored through time series anomaly analysis to determine changes over time10 For heat-related illness,air-quality related respiratory illness,and pollen allergy visits,the new section "Who is impacted?"compares the proportions or percentages of race/ethnicity,sex,and age groups of specific causes of an ED visit with the proportion or percentages of those population groups in ED visits by all causes.We compared these two proportions or percentages to explore who is most impacted by acute climate change events while accounting for other factors that impact all cause ED visits.To identify groups with statistically significant different representation,we applied a chi-squared test. We acknowledge that surveillance systems have historically contained limited racial,ethnic,and gender categories,making it difficult to identify certain populations,as well as exclude reliable measures of housing status11 We strive to report data in a way that avoids identifying individuals and we also recognize the need for changes in the way data are collected and reported so that we are better able to understand and address inequities across our communities. 6 Category Indicator Data source Time period Heat-related emergency Oregon Health Authority(OHA), Electronic department and urgent Surveillance System for the Early Notification 2016-2022 care(ED)visits of Community-Based Epidemics (ESSENCE) Extreme heat Heat related Oregon inpatient hospital discharge data 2012-2021 hospitalizations Heat-related deaths OHA,vital statistics,Oregon death certificates 2012-2021 Extreme Extreme weather-related OHA,vital statistics,Oregon death certificates 2014-2022 weather deaths Air-quality-related ED visits OHA, ESSENCE 2016-2022 Air quality Pollen allergy ED visits OHA, ESSENCE 2016-2022 West Nile virus OHA, Public Health Division 2012-2022 Vector-borne disease Lyme disease OHA, Public Health Division 2012-2022 Salmonellosis OHA, Public Health Division, Oregon Public Health 2012-2022 Epidemiologist User System (ORPHEUS) Communicable disease Campylobacterosis OHA, Public Health Division, ORPHEUS 2012-2022 Tuberculosis OHA, Public Health Division, ORPHEUS 2012-2022 7 Climate and health indicators Extreme heat Climate change and health connection Exposure to higher temperatures is one of the more direct impacts related to extreme weather driven by climate change.Extreme heat events can cause loss of internal temperature regulation and conditions including heat cramps,heat exhaustion,heat stress,heat stroke,and death 12 Researchers estimate that extreme heat causes more deaths annually than all other weather events combined13,and that investments to mitigate temperature increases can reduce heat-related deaths14 Climate scientists project that most communities in Oregon will experience an increase of more than 30 days over 86°F by mid-century. The Pacific Northwest has seen an increase in average annual temperatures of 1.5°F compared to the first half of the 20th century,and a further increase of 4-9°F is expected by the end of this century13 In 2016,the Portland region saw 13 days over 90°F.Since then,it is typical to see over 20 days of 90°F in a summer.In 2021,there were 24 days over 90°F and in 2022 there were 29. Unequal impact Heat exposure and the ability to adapt to that exposure are dependent on social and environmental conditions.In a comprehensive study of health impacts from heat,the U.S.Global Change Research Program synthesized evidence on populations most at risk)4 The study found evidence that the following groups face higher risk from extreme heat: • Adults over the age of 65 • People from some racial and ethnic groups affected by • People experiencing houselessness structural environmental racism with limited access to protective factors(e.g.homeownership) • People with chronic medical conditions that reduce • Outdoor workers(construction,road crews,farm thermoregulation(like heart disease or poor blood workers) circulation) • • People with few social connections and limited social People with mental,behavioral,or cognitive disorders networks that are exacerbated by heat,or who rely on medications that interfere with thermoregulation • Children • People with no access to cooling systems at home • Pregnant people • People living,working,or going to school in an urban heat island Air conditioning is protective from heat exposure,but access is uneven and about 20%of households in the region do not have any form of air conditioning 15.16 8 Indicator 1 Heat-relatet1 emergency department and urgent care visits This indicator measures the number of times people visited an emergency department or urgent care clinic(ED)for symptoms of heat-related illness(HRI)resulting from prolonged exposure to hot weather,dehydration,and lack of acclimation during summer months(May-September). What is happening in me region Visits were higher in 2021 and 2022 than in previous years.(Figure 1).While the pattern of visits remains mostly consistent over time,the 2021 heat dome event resulted in a much greater number of visits than in other years.There were approximately 31 visits per 100,000 people in the region during 2021. Figure 1. Heat-related ED visit counts, May-Sept, 2016-2022 600 559 500 400 382 324 300 266 I 260 234 200 I 172 177 182 116 121 107 123 131 143 100 58 80 74 79 83 77 55 93 79 61 55 0 1644 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ I '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 1.9 '20 '21 '22 Clackamas Multnomah Washington Tri-County Region Figure 2. Heat-related ED visit rates per 100,000, May-Sept, 2016-2022 35 31 30 ` 25 21 18 20 / ` ♦ 15 15 13 / 10 him liv/ 10 8 5 0 2016 2017 2018 2019 2020 2021 2022 Clackamas —Multnomah Washington — — Regional 9 There were 309 more visits in 2021 and 132 more visits in 2022 than expected based on recent years(2016-2019).Both in 2021 and 2022,the proportion of ED visits that were due to heat-related illness has remained significantly higher than in previous years(2016-2019).This difference is especially pronounced in Multnomah County.The heat dome event greatly contributed to the higher levels of ED visits in 2021 when we observed twice as many heat-related illness visits as recent years;however,in 2022,regional rates remained 41%higher than in previous years. Figure 3. Excess heat-related illness ED visit counts 2021-2022 compared to 2016-2019 350 309 300 250 200 169 150 132 100 75 88 52 42 50 ■ 15 '21 '22 '21 '22 '21 '22 '21 '22 Clackamas Multnomah Washington Tri-County Region Figure 4. Risk of heat-related illness ED visits among all ED visits compared to 2016-2019 3.5 2021 2022 3 2.5 2.41 22.02 — 1.84 1.73 1.66 i 1.5 i 1.41 1.21 410 1.17 1 Clackamas Multnomah Washington Region Clackamas Multnomah Washington Region 0.5 — 10 Who is impacted? A greater percent of people over the age of 65(figure 5)and males(figure 6)visited the emergency department for heat-related illness than for all other types of emergency department visits.Social isolation,occupation,air conditioning access,and houselessness are not systematically recorded for ED visits,but are established risk factors that should be explored in future reports"'$Information about these characteristics is not consistently reported in existing data sources but may be explored by surveying people who visit the ED. Figure 5. Distribution of heat-related illness (HRI) and all emergency department and urgent care visits by age group, 2016-2022 HRI ED Visits All ED Visits ■ I6% 6% CI= 10% 40% 41% 27% 11% 11% 11111.MMEril 5% ▪Older Senior(75+)* IL Older Adult(45-64) •Adolescence(10-17) Preschool (0-4) ▪ Senior(65-74) •Younger Adult(18-44) U Childhood (5-9) *Statistically significant difference of proportions across indicator specific and all cause visits 11 Figure 6. Distribution of heat-related illness (HRI) and all emergency department and urgent care visits by gender, 2016-2022 HRI ED Visits All ED Visits Male Male 60% 45% 1111 Female Female 40% 55% Data details _ This indicator was collected from a statewide data system(ESSENCE)19 for analyzing visits to emergency departments and urgent care clinics(ED).This indicator documents visits for heat stress during the warm season—May through September—for the years 2016 through 2022.Complete data became available beginning in the 2016 season,meaning that comparisons to earlier years are not reliable.Records are for visits,not patients,meaning that one person could be counted multiple times if they visited the emergency department more than once for the same complaint or for different complaints.For this reason,we compare sex,age, and race characteristic distributions for all emergency department visits.We also use rates of all ED visits as a denominator in our relative risk calculations to account for potential changes in facility reporting over time.The number of urgent care clinics that report visits fluctuates over time.Missing or incomplete records could result in undercounting. 12 Indicator 2 Heat-related hospitalizations What is hannaniria in filo raninn? Between 2012-2019 there were an average of 14 heat-related illness hospitalizations in the region each year.By comparison,in the summer 2021 when the heat dome occurred,89 people were hospitalized for heat-related illness. Regionally,about five people per 100,000 were admitted for a heat-related illness in 2021,compared to about one person per 100,000 between 2016-2019. Figure 7. Heat-related hospitalization counts, May-Sept, 2012-2021 89 90 80 70 60 52 50 40 30 20 17 20 18 18 18 15 14 13 10 11 11 8I 10■ ° i ■ ■ = ■ ■ i 11111111 .3 : ° ■ ; 11 _ ■ ■ I iiiiiilil '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 Clackamas Multnomah Washington Tri-County Region 13 There was a stark increase in the rate of heat-related hospitalizations in each county and in the region overall in 2021. The regional rate of heat-related hospitalizations in 2021 was 5.5 times higher than the average rate during 2015-2019, with Multnomah County experiencing a disproportionate rate of hospitalizations.Across all counties,there were 74 more hospitalizations due to heat in 2021 than expected. Figure 8. Heat-related hospitalization rates per 100,000 persons, May-Sept, 2012-2021 7.0 6.0 4.9 5.0 / 4.0 / 3.0 2.0 1.0 1 0 0.9 0.8 0.6 0.6 s 7 1.0 — �\ 0.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 —Clackamas —Multnomah —Washington — — Regional Data details . Compiled by the Oregon Environmental Public Health Tracking Program housed within the Oregon Health Authority,this indicator documents hospitalizations for heat stress during the warm season,May through September,for the years 2012 through 2021. These records exclude out-of-state residents who may have been admitted to hospitals in Oregon,admissions to federal facilities, and transfers from other hospitals. 14 Indicator 3 Heat-related deaths This indicator measures deaths where heat exposure was identified as a primary cause.Exposure to extreme heat can cause serious,life-threatening health effects.Examples of heat-related deaths include those from heat stroke,heat exhaustion,or dehydration.The people were friends,family-members,and neighbors and many of their deaths could have been prevented.These data are shared to track changes over time and to guide improvements in the region's response systems and general preparedness for extreme heat events. What is hannening in the region? In 2021 there were 94 heat-related deaths in the region.By comparison,in a typical year we would anticipate no more than one heat-related death.The rate of heat-related deaths in 2021 was 40 times what would typically be expected based on rates from 2014-2019. Figure 9. Portland region and Oregon annual death counts, May-Sept, 2016-2022 140 125 120 100 94 80 60 40 20 2 2 1 2 0 4 0 3 0 2 1 1 0 2016 2017 2018 2019 2020 2021 2022 ■Portland Region Data details _ _ Heat-related deaths are defined in death records by ICD-10 codes T67 and X30:"Effects of heat and light"and"exposure to excessive natural heat-hyperthermia,"identifying heat as the main underlying cause.The data presented here are from Oregon death records(by county where the person lived)for the years 2016 through 2022.Death certificates from 2022 are not finalized, so numbers are subject to change in future reports.The data presented here are unlikely to capture all deaths associated with extreme heat,only those with heat as a primary underlying cause.2°,21 15 Spotlight 2021 Heat Dome Our region was not prepared for the extreme heat that occurred in late June of 2021,when temperatures reached a high of 116°F.As noted by heat-related emergency department visits and hospitalizations,many people were forced to seek care due to the heat dome event.There were also many who died.To support climate planning and prevent future deaths this spotlight explores all cause deaths(i.e.,deaths resulting from any cause)in relation to regional daily high temperatures during the June 2021 heat dome event.It is worth noting that on June 21,there was a high temperature of 97°F that was followed by a significantly higher than average number of all cause deaths three days later,on June 24. While the impact of the 116°F temperatures is clear with the deaths that followed the day after,what requires more exploration is the average time between exposure to high temperatures(90-100°F)and impact on heat- related illness and deaths.Understanding this timeframe better will support climate adaptation planning and emergency response efforts. High temperatures were significantly associated with all cause deaths with an approximate 5%increase in risk for all cause death with every 10°F increase in temperature.Based on this observation,to prevent avoidable deaths,interventions to support communities before,during and after a heat wave should be explored. Figure 10. Comparison of daily deaths and high temperatures surrounding heat dome 140 116°F 97°F / 120 100 85 deaths 60 48 deaths 40 20 0 1-Jun 8-Jun 15-Jun 22-Jun 29-Jun 6-Jul 13-Jul 20-Jul 27-Jul High Temperature Daily Deaths - Daily Heat Deaths • • • • Mean High Temperature: 84 • • • • Mean Number of Death:44 Data details The data presented here are from Oregon death records for all three counties for June 1,2021 to July 27,2021. Death certificates from 2022 are not finalized,so numbers are subject to change. 16 Extreme weather events Climate change and health connection yr Extreme weather is one of the most visible consequences of climate change. Extreme weather is a broad term that encompasses severe storms and weather- related events that cause damage and destruction.Extreme weather events include thunderstorms,tornadoes,heat waves,hurricanes,hailstorms,blizzards,floods, landslides,and lightning strikes.22 Changing climate conditions in Oregon are expected to create more extreme weather events in the future,likely in the form of floods,heatwaves,wildfires,and summer and winter storms.23 Damage from extreme weather events can restrict access to essential services,including clean water,food,basic sanitation,and health care.24,25 Trauma from the loss of friends,family,community,property,and access to resources also creates stress and affects mental health.This stress can grow over time if limited resources are available for mental and physical care,recovery,and reconstruction efforts.26 Unequal impact Climate change-driven extreme weather can have greater impacts on some people and communities based on their ability to prepare for,withstand,and recover from events.Learning from previous extreme weather events,2728 the following groups face higher risks: • Older adults,children,people who use mobility • People who are experiencing houselessness and devices,and people with disabilities who are unable do not have means to shelter. to find protection from a storm or have limited • Communities of color that have experienced access to transportation. historic redlining,structural exclusion,or lived • People who have less capacity or fewer resources in areas that have not been prioritized for public to gather supplies for extreme weather events, works enhancements. as well as to cover costs related to post-storm • Communities that are geographically isolated or recovery. do not have backup systems for essential services • Communities who are isolated culturally, like water,power,or travel routes damaged by linguistically,or by technology barriers,like limited extreme weather. internet,may not have access to appropriate emergency communications. 17 Indicator 4 Extreme weather-related deaths This indicator measures the number of deaths directly attributed to extreme weather events that include falls from ice, storms,extreme cold,and extreme heat.Extreme weather can cause death when hazards occur suddenly,when safe shelter is unavailable,or in the presence of existing chronic conditions,such as diabetes or cardiovascular disease. What is happening in the region? Between 2014 and 2022,236 people died due to extreme weather.Most or 144 people died of extreme heat (hyperthermia);84 people died of extreme cold(hypothermia);six people died from falls from ice,and two people died from storms. Figure 11. Extreme weather death counts, 2014-2022 140 125 120 100 94 80 60 52 40 31 20 79 15 12 12 10 10 9 9 '14 '15 '16 '17 '18 '19 '20 '21 '22 '14 '15 '16 '17 '18 '19 '20 '21 '22 '14 '15 '16 '17 '18 '19 '20 '21 '22 '14 '15 '16 '17 '18 '19 '20 '21 '22 Clackamas Multnomah Washington Tri-County Region 18 140 120 117 104 100 80 60 44 40 28 20 11 11 0 '21 '22 '21 '22 '21 '22 Environmental Hypothermia Environmental Hyperthermia Total Extreme heat A majority of these deaths occurred in 2021 and 2022 and were due to extreme heat.(See previous section for details on heat-related deaths from 2021 heat dome.)In 2021,there were 117 more deaths than the average during 2016-2019. In 2022,there were 44 more deaths than the average during 2016-2019.Most of the deaths were among white men. Over 70%of these deaths occurred in Multnomah County. Extreme cold In 2021 and 2022,more people died from exposure to extreme cold than in previous years.In January 2017,four people died in Multnomah County during a period of freezing temperatures. Storms, wildfires, and flashfloods Strong winds in the greater Portland area were a factor in deaths that occurred in 2012,2014,2015,and 2016. One death occurred in Clackamas County in 2014 when a flash flood washed out a bridge near Ramona Falls by the Sandy River.Two deaths occurred in September 2020,when abnormally warm weather for the month,dry conditions, and high winds led to explosive expansion of wildfires,including the Riverside Fire and several smaller fires in North Clackamas that burned over 100,000 acres in Clackamas County. Data details Extreme weather deaths are defined in death records by ICD-10 Codes: • T67 and X30 for"Effects of heat and light"and"Exposure to excessive natural heat-hyperthermia" • T68 and X31 for"hypothermia,WOO for"fall from ice" • WOO:"fall due to ice and snow" • X37:"cataclysmic storm."The data presented here are from Oregon death records for the years 2014 through 2022 (2022 is not finalized)with ICD-10 codes indicating extreme weather led to a primary underlying cause of death.The data presented here do not capture all deaths associated with extreme weather 19 Air quality1( ) ) Climate change and health connection - Changes in air quality are strongly linked to climate change and events related to hotter,drier conditions as our region experiences more smoke from wildfires.Warmer temperatures and less high-altitude snowpack create drier,longer summers and increase the risk of wildfires.29 This risk will likely continue to increase across Oregon,with the greatest impact in the Willamette Valley.30 Air quality is also expected to worsen because of the increase in smoke and other harmful pollutants like smog(ground level ozone).31 Asthma symptoms are commonly triggered from exposure to a pollutant or allergens in the air, including smoke from wildfires,exhaust from vehicles,or pollen.32,33 Fine particles(like PM2.5) released during wildfires and other sources increase the risk of adverse respiratory conditions, including asthma exacerbations 34 Warmer conditions also extend the length of pollen season and the geographic area where some plants may grow.35 Ragweed and grass pollens are common environmental triggers influenced by climate changes in the region. Due to historic housing and development policies and practices,communities of color and low-income groups are more likely to live in areas with disproportionately high exposure to air pollution,roads,and industries.This ongoing exposure can put people at greater risk for illness during acute air pollution events,like widespread wildfire smoke.Groups who face higher risk of health impacts from poor air quality include36: • Outdoor workers(e.g.,construction,road crews, • Those living near high traffic areas or near farm workers). industrial facilities. • Older adults,children,and people with chronic • Immigrants and communities that are culturally lung conditions like asthma or chronic obstructive or linguistically isolated and may not have pulmonary disease. access to emergency communications warning • Communities of color that have experienced of poor air quality. historic redlining,structural exclusion,or lived in areas that have not been prioritized for public works enhancements. 20 Indicator 5 Air quality-related respiratory illness emergency department visits This indicator measures the number of visits to hospital emergency departments and urgent care clinics(ED)made by people with air quality-related respiratory illnesses.The indicator excludes data for respiratory illness caused by communicable disease such as COVID-19 and the common cold.Emergency visits for acute exacerbation of chronic obstructive pulmonary disease(COPD)or onset of asthma that can be aggravated by poor air quality are included. What is happening in the region? More people visit the emergency room for air quality-related illness than for any of the other health indicators in this report.In 2022 a total of 84,081 visits in the region were due to air quality-related illness.Previous years have had a slightly smaller number of visits.From 2016 to 2022,on average there were four visits for air-quality related respiratory illness for every 100 people residing in the region. Figure 13. Air quality-related respiratory illness ED visits counts, May-Sept, 2016-2022 03 90000 A co - " N 80000 w c A O1 N 70000 60000 4.1 50000 W is5W A A r,., y 40000 O Wen W A N CON A 41. N co N A O) O N O T c0 N 01 GO 30000 CO Q7 O N O O 07 N W43T3 W C O ao N cn T. A0D (' 1000020000 - - I " ' ' 1111 0 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 Clackamas Multnomah Washington Tri-County Region Figure 14. Air quality-related respiratory illnes rates per 100,000 persons, May-Sept, 2016-2022 5000 4606 4010 4195 4256 4272 3959 4000 364 3000 2000 1000 0 2016 2017 2018 2019 2020 2021 2022 Clackamas Multnomah Washington — — Tri-County Region 21 When comparing the proportion of air quality-related illness ED visits among all ED visits for 2021,the rate was significantly higher than in recent years(2016-2019)for all counties.In 2022,this proportion was 44%greater than recent years in Washington County.In Clackamas it was 35%greater and in Multnomah 7%greater than recent years. Exploring regional differences is important,as is understanding differences in exposure. Figure 15. Risk of air quality-related respiratory ED visits among all ED visits compared to 2016-2019 1.5 2021 2022 410 1.44 1.4 T 1.35 1.3 - 410 1.25 1.2 III 1.18 411) 1.12 1.13 1.1 1 1.07110 4Tio1.04 1 Clackamas Multnomah Washington Tri-County Region — Clackamas Multnomah Washington Tri-County Region Who is impacted? There were no notable differences in distribution of sex or race and ethnicity for air quality-related visits compared to all emergency department visits;however,there were notable differences by age.The proportion of air quality related respiratory visits by people 65 and older was 13%more than the proportion for all cause emergency visits.In comparison,the proportion of visits by people ages 18 to 44 was 12%lower among air quality related respiratory visits than for all cause emergency visits. Based on these results,aging likely contributes to the risk of air quality-related respiratory illness.We will also explore how occupational and preexisting conditions contribute to the risk of air quality- related respiratory illness in future reports. 22 Figure 16. Distribution of air quality-related respiratory illness (AQRI) and all emergency department and urgent care (ED) visits by age group, 2016-2022 AQRI ED Visits All ED Visits 5% 6% E! 1111 ■ 6% 28% 40% 30% 141111111. 25% 16% 10% 17% 10% ▪Older Senior(75+)* • Older Adult(45-64) •Adolescence(10-17) • Preschool (0-4) •Senior(65-74)* •Younger Adult(18-44)* • Childhood (5-9) *Statistically significant difference of proportions across indicator specific and all cause visits Data details _ _ _ This indicator was collected from a statewide data system(ESSENCE)37 for analyzing visits to emergency departments and urgent care clinics(ED).This indicator documents ED visits for cases with any mention of an asthma-like symptom in addition to asthma or other chronic respiratory diseases as the chief complaint for the years 2016 through 2022.Complete data became available beginning in 2016,meaning that comparisons to earlier years are not reliable.Records are for visits,not patients,meaning that one person could be counted multiple times if they visited the emergency department more than once for the same complaint or for different complaints.For this reason,we compare sex,age,and race characteristic distributions with all emergency department visits.We also use rates with all ED visits as a denominator in our risk ratio calculations to account for potential changes in facility reporting over time.The number of urgent care clinics that report visits fluctuates over time.Missing or incomplete records could result in undercounting.For example,race and ethnicity data were missing in 20%of this data. 23 Spotlight 2018 and 2020 wildfire smoke events In the previous report released in 2021,a graph shows a large increase in the number of asthma-related emergency department visits during the September 2020 wildfires.In this report,we see a similar pattern of increasing ED visits for all air quality-related illnesses on days when air quality is poor.This pattern continues even after accounting for seasonality and trends over time. Following the Eagle Creek wildfire in 2017 air quality-related visits began to increase a few days after the fire began and continued to remain higher than expected for approximately one week as shown in Figure 17. The spike in visits during the 2020 wildfires was persistent for over a week.In both cases spikes in ED visits immediately followed spikes in fine particulate matter pollution(PM 2.5). Wildfires close to the region have become more common in recent years.When smoke arrives,people's health is immediately impacted.It is important to communicate about smoke precautions before wildfire season begins and to enhance that messaging when wildfire smoke is headed toward the region. Figure 17. Comparison of anomalies in the time series of daily air quality-related ED visits vs air quality (PM2.5) after removing seasonality and trend for the tri-county region 60 40 Labor Day 9/4/2017 20 A _A 0 -20 Fillrin ril i[— al 1 1 711 -40 Eagle Creek Fire 9/2/2017 -60 -80 8/14/2017 8/19/2017 8/24/2017 8/29/2017 9/3/2017 9/8/2017 9/13/2017 9/18/2017 9/23/2017 ■Air-Quality Related ED Visits ■Air Quality(PM2.5) 24 Indicator 6 Pollen allergy-related emergency department visits This indicator measures the number of visits to hospital emergency departments and urgent care clinics(ED)made by people with symptoms of allergic disease attributed to exposure to high levels of pollen.Allergies refer to the response of the immune system to external allergens like pollen.Symptoms include sneezing,runny nose,shortness of breath, wheezing,and itchy eyes.38 wnat is nappening in the regior In 2020,there were markedly fewer pollen allergy-related ED visits as compared to previous years,likely due to behavioral changes from the COVID-19 pandemic.However,across the region,visits were higher in 2021 and 2022 than in 2020.The average rate of pollen allergy-related visits was 21 per 100,000 people in 2022,which is still lower than pre-pandemic levels that averaged 32 per 100,000 people.All counties have had fewer allergy ED visits in recent years,but annual rates in Washington County are consistently greater than those observed in Clackamas and Multnomah. Figure 18. Pollen allergy-related ED visit counts, 2016-2022 700 648 589 600 496 500 500 400 385 313 288 300 241 271 219 214 230 235 200 163 164 144 161 92 99 121 10680 66 116 I1i9 i14 100 0 III 11 .5° ■ I • 11 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 '16 '17 '18 '19 '20 '21 '22 Clackamas Multnomah Washington Tri-County Region Figure 19. Pollen allergy-related ED visit rates per 100,000 persons, 2016-2022 60 50 40 36 33 29 — • 28 30 % ` 1600.0.000„/"....21 20 13 10 0 2016 2017 2018 2019 2020 2021 2022 Clackamas Multnomah Washington — — Tri-County Region These may be true decreases in regional ED visits over time or a result of mask use protecting against exposure to pollen or changed behaviors surrounding ED visits during the pandemic.Over time,visits for pollen allergies at EDs has coincided with springtime.To date,the length of pollen season remains consistent with previous years.We will continue to track pollen season length over time as an indicator of climate change impact on community health. 25 Who is impacted? There were no differences in percent of males versus females reporting to the ED for pollen allergies when compared to all cause ED visits.Pollen-related allergy visits to the ED were much more likely to be by people ages 18 to 44 compared to visits for other reasons.Based on the high proportion of people between 18 to 44 years of age,in future reports we will explore how occupation affects this indicator. There were also differences by race and ethnicity with a greater proportion of pollen allergy-related visits by people identifying as Asian or Hispanic. Figure 20. Distribution of pollen allergy-related and all emergency department and urgent care visits by age group, 2016-2022 Allergy ED Visits All ED Visits 5% 6% 40% 52% 111 10% 10% •Older Senior(75+)* Older Adult(45-64) Adolescence(10-17) •Preschool(0-4) Senior(65-74) •Younger Adult(18-44) Childhood(5-9) 26 Figure 21. Distribution of pollen allergy-related and all emergency department and urgent care (ED) visits by race/ethnicity, 2016-2022 Allergy ED Visits All ED Visits 0% 1% 9% 6% 6% 17% 61% 43% 4% 3% 20% 16% •American Indian or Alaska Native •Black or African American • Native Hawaiian or Pacific Islander •Other •Asian* •Hispanic* •White* •Unknown Data details - - _ This indicator was collected from a statewide data system(ESSENCE)39 for analyzing visits to emergency departments and urgent care clinics(ED).This indicator documents ED visits for cases with any mention of an allergy as the chief complaint and it excludes allergies due to food,insects,plants,medicines,and other products for the years 2016 through 2022.Complete data became available beginning in 2016,meaning that comparisons to earlier years are not reliable.Records are for visits,not patients,meaning that one person could be counted multiple times if they visited the emergency department more than once for the same complaint or for different complaints.For this reason,we compare sex,age,and race characteristic distributions with all emergency department visits.Rates are also used with all ED visits as a denominator in our risk ratio calculations to account for potential changes in facility reporting over time.The number of urgent care clinics that report visits fluctuates over time.Missing or incomplete records could result in undercounting. 27 Vector-borne disease Climate change and health connection Vector-borne diseases can be transmitted by insects.Mosquitoes and ticks 1 are the main vectors in the tri-county region.Climate change influences the habitat,survival,and seasonality of these insects. Mosquitoes reproduce more in hotter and humid conditions.Warmer weather expands mosquito habitat and extends their season of activity earlier in the summer and later into the fall 40 Mosquitoes bite more in warmer temperatures,increasing the risk of vector-borne disease transmission.'" The life cycle of the tick is also guided by changes in seasons.Ticks begin looking for a host during the spring and throughout the summer.As spring and winter temperatures increase,ticks begin to look for a host earlier,increasing the length of the Lyme disease season and the number of potential cases.'" Unequal impact Exposure and vulnerability to the risk of insect bites is largely the outcome of social and environmental factors.The conditions that someone lives or works in shape exposure patterns.42 Groups that are at a higher risk of vector-borne disease include: • Outdoor workers near habitats supporting insect • Youth,older adults,and people with immune breeding(e.g.,construction,landscape design, conditions are more susceptible to severe landscaping,agriculture). illness from vector-borne diseases. • People experiencing houselessness with no • People without means to purchase personal shelter from insect exposure. protective repellants or who lack access to educational resources about insect bite • People living in housing without window or prevention. door screens and other sufficient barriers to exclude insects,including renters without tenant protections or whose landlords allow unsafe conditions. 28 Indicator 7 Lyme disease This indicator measures the number of Lyme disease cases diagnosed in each county,even if the disease was acquired outside the county.Lyme disease is caused by a bacterium called Borrelia burgdorferi,most commonly carried by blacklegged ticks.When someone is bitten by an infected tick,disease symptoms may include fever,headache,fatigue, and a bullseye-like rash called an erythema migrans.Severe cases may affect cardiovascular and cognitive function43 What is happening in the region? Regional counts of Lyme disease peaked in 2017 with 34 cases.From 2012 through 2022,the average rate of Lyme disease cases was approximately one person per 100,000 people every year.Lyme disease rates have decreased in Clackamas and Multnomah counties in the most recent 2020-2022 period compared to 2016-2019.Washington County rates have increased by 69%when comparing 2021 and 2022 to 2016-2019. Figure 22. Lyme disease counts, 2012-2022 I 35 30 26 25 20 20 18 19 18 18 16 16 15 15 15 13 11 11 11 12 9 10 9 10 8 8 7 7 7 Ali 4i6 0555■ AIli I ■ ■ iiiiiiill 11111 II I '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '12 '13 '14 '15 '16 '17 'I8 '19 '20 11 '22 '12 '13 '14 '15 '16 '17 'I8 '19 '20 '21 '22 '12 '13 '14 '15 '16 17 '18 '19 10 '21 '22 Clackamas Multnomah Washington Tri-County Region 29 ,'figure 23. Lyme disease rates per 100,000 persons, 2012-2022 ■ 4.5 4.0 3.5 3.0 2.5 1.9 2.0 1.5 1.0 1.5 e . _ 6.9 1.1 11.1 1.1 1.0 0.9 -.1.0 0.7 0.3 I /:...--- -. 0.5 *____:•.„ * * * * * * 0.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 —Clackamas —Multnomah —Washington — — Tri-County Region *Indicates an unstable rate estimate because count is less than 5 Data details Data are for 2012 through 2020,the most recent year available.The data does not allow us to determine where the disease was contracted.While most cases were contracted outside the region,there are several reasons we include the indicator in this report. Cases of Lyme disease,regardless of where they were contracted,are a burden on local health care systems.Tracking cases is necessary to monitor changes in this burden and including this indicator provides a baseline for future evaluation. 30 Indicator 8 West Nile virus This indicator measures the number of cases of West Nile virus diagnosed in each county,even if the disease was acquired outside the county.West Nile virus is a mosquito-transmitted infection.Most people infected with the virus do not show any signs or symptoms;roughly one in five people develops a fever,headache,and body aches.Less than 1% of all West Nile virus cases develop severe symptoms affecting the nervous system through inflammation of the brain, spinal cord,and surrounding tissues 44,45 What is happening in the region? Three cases of West Nile virus have been documented in the region since 2012,one in Multnomah County and two in Clackamas County.All three cases were acquired outside of the tri-county region,but local transmission is possible. Figure 24. West Nile virus case count, 2012-2022 41 Multnomah Case Washington county County I, _ Clackamas 2012 County 2 Cases 2014&2018 0 Rates not calculated for this indicator due to sample size Data details Cases of West Nile virus,regardless of where they were acquired,are a burden on local health care systems.We include this indicator so we can monitor where cases were acquired and if,over time,West Nile cases start becoming more prevalent closer to our region.Including this indicator provides a baseline for future evaluation.We used data from 2012 through 2022 for this report. 31 Communicable disease Climate change and health connection 0 Climate change influences the survival,reproduction,and adaptation of the microorganisms that carry disease 46 Some climate events,such as extreme heat or flooding,increase the growth of disease-causing microbe populations,as well as human exposure and the risk of infection through contaminated food,water,and water-based recreational activities.Changes in temperature and rainfall in the Pacific Northwest are projected to create conditions that promote the growth of disease-causing microbes47'48 • Salmonellosis:Increase in temperature is directly associated with increased number of reported salmonellosis cases.Studies have estimated an increase of 1.2% in the relative risk of salmonellosis for every degree increase in weekly temperature.49 Salmonella species multiply faster in warmer temperatures,which leads to an increased risk of food contamination during processing,storage,and production 5° The number of cases is typically higher during summer months,with an increased risk among children under five years and those over 65 years. • Campylobacterosis:The intestinal bacteria Campylobacter shows a seasonal pattern peaking in the summer months.Warmer conditions promote the growth of bacteria in raw sewage,increasing the risk of exposure.Heavy rains and floods can lead to sewage overflow,also increasing the risk of exposure. • Tuberculosis:Climate change can affect the spread of tuberculosis(TB)by displacing people through drought,landscape change,rising sea levels and natural disasters.The spread of TB increases when people are displaced or forced to migrate from regions where TB is common and relocate to places with low rates of the disease.Famine and changes in environmental conditions can also spread TB by lowering a person's immunity and increasing their susceptibility to infections. Unequal impact Low income and rural areas are impacted more by • Older adults,children,pregnant people and those communicable diseases resulting from climate change with compromised immune systems. and environmental factors.People with low incomes have • Communities of color that have experienced fewer resources and live in areas less equipped to mitigate historic redlining,structural exclusion,or who have the fallout from extreme heat,floods from precipitation, lived in areas that have not been prioritized for and other extreme weather conditions.51 Groups that are public works enhancements. at higher risk of communicable diseases include: • People who spend time in water bodies for recreation or occupation. • People living in communities with aging water and sewage infrastructure that may be more prone to flooding and water contamination. • Communities that are geographically isolated or do not have backup systems for essential services like water when those systems are damaged by extreme weather. 32 Indicator 9 Salmonellosis This indicator measures the number of cases of salmonellosis diagnosed in each county.Salmonellosis is primarily a foodborne illness caused by Salmonella bacteria,causing gastrointestinal symptoms that include diarrhea,cramps, nausea,and vomiting. What is happening in the region? Regional counts were lowest in 2020 with 140 cases,and highest in 2018 with 271 cases.From 2012 to 2019 the average rate of salmonellosis cases for the region was 12 new cases per 100,000 people,whereas during the early part of the Covid-19 pandemic the rate averaged nine new cases per 100,000 people.There were 77 more cases in 2022 than in 2021.Multnomah and Clackamas counties had sharp increases from 2021 to 2022 as compared to Washington County.These rates reflect levels typically seen pre-pandemic and coincide with restaurants reopening.When we compared recent rates of salmonellosis with pre-pandemic years(2016-2019)we found no statistically significant difference for 2021.In 2022 there was a substantially higher(33%)rate of salmonellosis. Figure 25. Salmonellosis counts, 2012-2022 i 271 250 229 221 213210 200 182 168 173 150 145 140142 112 113 11 95 100 10493 100 84 75 76 InlilIllil 39 65 62 67 5552 iiiiIIIhiI 64 62 063 0I '12'13'14'15'16'17'18'19'20'21'22 '12'13'14'15'16'17'18'19'20'21'22 '12'13'14'15'16'17'18'19'20'21'22 '12'13'14'15'16'17'18'19'20'21'22 Clackamas Multnomah Washington Tri-County Region Figure 26. Salmonellosis rates per 100,000 persons, 2012-2022 20 18 16 13 14 12 ' 14 1 Ai 10 9F10 9 1� 10 9 • 8 8 6 4 2 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Clackamas Multnomah Washington — — Tri-County Region 33 Indicator 10 Campylobacteriosis This indicator measures the number of campylobacteriosis cases diagnosed in each county.Campylobacter infection, one of the most common foodborne illnesses in the United States,occurs primarily through consumption of raw or uncooked poultry,or through contaminated water.Symptoms include diarrhea,abdominal pain,vomiting and headache.52 What is happening in the region? Except for lower rates during the pandemic,the number of annual campylobacter cases has remained fairly consistent over the past decade.Cases were significantly lower in 2020 compared to 2016-2019,but this phenomenon is likely due to less contact with the healthcare system during the COVID-19 pandemic. Multnomah County did see a sharp increase in rates in 2022,though this rate was still lower than in previous years. Clackamas and Washington counties saw a moderate increase in 2021,but these recent rates returned to levels similar to those seen before the pandemic by the end of the recent time period. Figure 27. Campylobacter counts, 2012-2022 490 500 419 428 395 422 424 420 400 390 390 380 317 300 403257 216 234 Y08 215 216 213 200 191 178 121 117 ill I. lIIIOuI 100 liulItilib 0 '12'13'14'15'16'17'18'19'20'21'22 '12'13'14'15'16'17'18'19'20'21'22 '12'13'14'15'16'17'18'19'20'21'22 '12'13'14'15'16'17'18'19'20'21'22 Clackamas Multnomah Washington Tri-County Region Figimpylobacter rates per 100,000 persons, 2012-2022 35 30 28 24 24 24 i • 25 \_ 23 2. MD 0. 24 - - 24 21 20 7 023 i 15 10 5 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Clackamas Multnomah Washington — — Tri-County Region 34 Indicator 11 Tuberculosis This indicator measures the number of active cases of tuberculosis in each county.Tuberculosis(TB)is caused by Mycobacterium tuberculosis,which most frequently attacks the respiratory system but can infect other body systems as well.An infected person does not always develop clinically visible signs of the infection.While infection may remain dormant for a long period of time(i.e.,latent TB),only a person with active TB can spread the infection to others. What is happening in the region? With the exception of a dip in cases during the pandemic,the number of TB cases in the tri-county region has remained fairly steady.The rate of TB in Clackamas County has consistently been lowest among the three counties in the region. In 2020,counts were lower than in previous years but have now returned to levels seen pre-pandemic.TB rates in 2022 are not significantly higher than recent years(2016-2019)but the apparent increase for Multnomah County is being closely monitored due to concerns of undiagnosed TB from people not seeking care during the pandemic. Figure 29. Tuberculosis counts, 2012-2022 60 60 55 50 45 46 44 48 43 39 40 40 36 31 33 30 1 2728 28 25 24 22 21 20 19 17 17 15 15 19 16 18 17 17 16 11 10 0 ..111; MILCI 1 I .IiiIiIIIi '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 '12 '13 '14 '15 '16 '17 '18 '19 '20 '21 '22 Clackamas Multnomah Washington Tri-County Region Fig1111111111111Ifculosis rates per 100,000 persons, 2012-202211.11 ■ 5.0 4.5 4.0 3.3 3.5 3.3 • 3.0 i 2.6 40. 2.7 2 - 2.8 2.8 2.6 ♦ .6 2.4 i • 1/ • 2.5 � 7 ' • i 2.5 2.0 2.2 1.5 / 1.0 * * * 0.5 0.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Clackamas Multnomah Washington — — Tri-County Region *Indicates an unstable rate estimate because count is less than 5 Data details Data(pg.33-35)is based on hospital visit records from ORPHEUS.Misclassification errors such as underreporting may affect rates. 35 Mental health Climate change and health connection cf..* The impact of climate change-related events on mental health was an emerging area ofApt research just a few years ago,but now there are multiple studies and reports establishing the importance of mental health in the context of climate change.53 In general,mental health refers to our emotional,psychological,and social well-being that influences how we feel,relate to stress, and make daily choices.Mental health outcomes in response to climate change are affected by how individuals relate to and experience climate change events.54 Different types and lengths of climate change events can create a wide variety of mental health impacts,including: • Short and acute events that last a few hours to a few weeks like heatwaves,extreme storms,or wildfires. These events can lead to anxiety,depression,post-traumatic stress disorder(PTSD),sleep deprivation,trauma, shock,and thoughts of suicide.If an event creates property damage,causes displacement,or affects economic livelihood of a group it can lead to a sense of loss of place,loss of control,and loss of personal or occupational identity.55 Heat events specifically can lead to increases of aggression and worsening of existing mental health conditions,as well as creating negative side effects for some psychiatric conditions.56 • Long periods of extended climate change events,like drought,or recovery periods from acute events.In addition to the mental health impacts of short events,extended events or recovery periods place ongoing and compounding stress on mental and emotional well-being.It can create disruption in access to physical and mental health care services,school,and social networks,all of which are protective factors for good mental health.57 • Ongoing direct or indirect exposure to the hazards of climate change,like rising temperatures,rising sea levels,and other global and regional threats.Whether someone has direct experience with a climate change- related event or not,the continued exposure to media coverage and threat of climate disasters can affect mental health.A broad range of terms have evolved to describe these impacts,including eco-anxiety(severe worry and frustration about risks from environmental impacts to future generations and the planet)58.59.6°and climate grief (sadness,loss,and hopelessness about future generations and the planet)61 Unequal impact Mental health outcomes related to climate change are affected by a wide range of social,cultural,environmental,and economic factors.Groups at higher risk for negative mental health outcomes related to climate change are: • Youth who will face greater exposure to severe climate • People with limited social connections and change impacts and have limited control over actions to access to resources. mitigate them today. • People who have limited means to recover from • People who have been personally impacted by a climate a climate disaster,or whose livelihood would be disaster or who reside in an area at risk of a climate significantly affected by a climate disaster,such disaster. as the agricultural industry. • Native Americans and indigenous tribes who have lost • Communities of color who carry past and or are at risk of losing traditional ways of life and self- current traumas of interpersonal and structural determination due to climate change and other social racism. factors. • Health care professionals providing care and • People with pre-existing mental health conditions,like treatment to people affected by climate change anxiety or depression. events. Strong social supports and environments that foster collective action toward addressing climate change can tip the scales and leverage the positive potential of anxiety-like symptoms 62 36 What is happening in the region? At the local level there are limited indicators of mental health and those that do exist are impacted by underreporting. We reviewed data sources for the tri-county area and did not identify a reliable indicator explicitly tied to climate change that allowed for comparison over time. We continue to look for a suitable measurement for the mental health effects of climate change,so we can include this as a formal indicator in future reports. The 2021 report included a snapshot of tri-county region mental health based on a survey on mental health-related perceptions about climate change and a survey about Oregon teen mental health.For this report,we are taking a different approach.First,we examined Google data from 2018 to 2022 to examine search patterns immediately following extreme heat events.We looked for how often people searched for terms related to mental health services, anxiety,and PTSD. Second,we conducted informational interviews with emergency and community responders to get their impressions of how the extreme heat and wildfires affected community mental health. During these interviews,lack of access to mental health resources and trauma were the most prominent themes identified. Google trends summary We collected data from the results of Google Trends queries of various terms related to mental health.We looked at how often during a week or a month people searched for specific terms.The time series chart shows the number of search terms occurring beyond what we expect based on average seasonal changes and general trends over the years.Within a week after the heat dome event in 2021,there was an increased search volume for trauma-related terms. As similar events continue to occur it is important to understand how mental health is affected and how we can better respond to mental health in the context of climate change. Figure 31. Google search anomalies for "mental health services" in 2021 N June 28,2021 co 25 Heat Dome Ends v • 20 •°• 15 Q• 10 June 25,2021 Heat Dome Starts 2 5 °10 v v -5 -10 n -15 -20 'cl" -25 sib air PQ �J �Je �\J �5� ,pet Doer met Det vvi �a lea .)% Q`e� ooc oJet� eoe� Dark black lines indicate daily search volumes with statistically significant differences from previous years 37 Figure 32. Google anomalies for "anxiety + anxious + panic + fear" in 2021 July 4,2021 E 30 Week After Heat Dome 0 25 O 20 U C 15 cu ;n 10 co 5 a) >.• 0 E0 -5 = O N -10 E Q -15 N -20 I— -25 i a6 atJ Cr QCT aJ Jae '�\J Jy� �eC met soe' met c a�J `otJ \1`a P P�� veto ``o eta e� cm ' Fe Q O �o, Oen 5e Dark black lines indicate daily search volumes with statistically significant differences from previous years Figure 33. Google search anomalies for "stress + PTSD + reaction to acute stress + reaction to severe stress" in 2021 July 4,2021 50 Week After Heat Dome 40 30 20 \AIr 10 0 -10 -20 -30 -40 -50 ��'b e�t�'b 4\?' J% `c. \ a� oe \� Jy� e�'0 Oo�'0 �e�'0 �e�s0 QQ \S �� o F P fie' �o 0e Dark black lines indicate daily search volumes with statistically significant differences from previous years Data details Search volumes on Google have been associated with mental health conditions such as anxiety in populations including self- reported unmet mental health needs and ED visits.63'64 Search frequency was obtained from the Google Trends page for people with an IP address in the Portland area.Google search anomalies are counts that subtract average searches during the annual season and counts attributed to gradual increases or decreases over the entire period.Mental health services frequency includes the search term"mental health services."Anxiety search frequency includes search terms for"anxiety,""anxious,""panic,"and "fear."Trauma and stress related frequency include search terms for"stress,""PTSD,""reaction to acute stress,"and"reaction to severe trauma." 38 Community responder interviews summary We conducted a qualitative analysis using semi-structured informational interviews with emergency first responders,mental health and disability service providers,and representatives from community-based organizations(CBOs)to better understand the mental health effects of climate change during the 2020 wildfires and 2021 heat dome event.We chose responders with lived experience and who worked with community members during these events. We interviewed eight people for 45 minutes each.A team of four analysts conducted thematic analyses to determine which themes were mentioned most often during the interviews.The results below are categorized into the themes that were mentioned most often. Overall theme frequency for key informant interviews Wellbeing Navigation 1 Ar Language Unhoused Existing condition Stress Covid Stigma Trauma Compounding factors Emergency services Grief Intersection Lack MH professionals Communication Duty Clime ready space dihA1 Access to services Addiction Family wellbeing Documented status Basic needs Solutions Communication technology Disaster preparation Safe Transportatio Fear Culturally specific / Flexible services Community connection Technology access All Resources Government mistrust Ra ism/Xenophobia Responder wellbeing Older adults 39 Access to mental health services The most common theme identified in the interviews was lack of access to mental health services and lack of mental health providers.Interviews with emergency and mental health representatives emphasized the systemic issue of an overwhelming demand,with too little supply. Emergency responder Mental health representative /still think accessing mental health is probably our biggest issue.Either People are having a very hard time finding people don't know how,or they call 911.And when we respond as a fire therapists,finding prescribers,finding agency,our knowledge of mental health providers isn't there...and then case managers to find the help that they you add in a heat event or a cold event,or something like that,I think that need.The system,I think,is very fragile the system on a whole just gets overwhelmed and makes it that much right now,because of the pandemic,and harder to access. we've lost a lot of providers. A Systemic trauma Trauma was the second most often mentioned theme Disability services provider during our interviews.Representatives from CBOs and disability services discussed the ongoing barriers as a BIPOC communities are also going to be ones that have result of systemic racism and traumas that can inhibit the least amount of access to obtain mental health,or BIPOC communities from accessing mental health even health care due to,you know,it could be legal status, services.One CBO representative explained that or maybe there's distrust in the system.But I've noticed, communities who have had negative experiences with the especially with like Latino communities,mental health just criminal justice system,child welfare system,immigration, isn't something that is generally talked about. and other government agencies,are less likely to risk coming under the radar to seek services. Comnoundine factors CBO representative The 2020 and 2021 climate events did not happen in a Events that you're talking about created a deep sense vacuum;compounding factors refer to the snowball effect of experiencing one traumatic event after another.During of fear and kind of an ongoing trauma,or like piled on the timeframe discussed in the interviews,the tri-county top of other ongoing traumas.We call it the multiple region was living through the COVID pandemic,wildfires and overlapping traumas and oppressions is what we with heavy smoke,a heat dome,and racial tensions.The frequently refer to it as.There is a great sense of just not mental health effects of these compounding factors being able to feel safe or be grounded. were widespread,but interviewees took notice of the exceeding impacts on BIPOC communities. 40 Special populations and vulnerabilities We asked the responders if they perceived any special populations facing greater threats to their mental health and how those groups were impacted during the climate events in 2020 and 2021.The responders identified the unhoused/ unsheltered,elderly,and Black,Indigenous,Latine/x,and People of Color(BIPOC)communities as being more vulnerable to experiencing mental health effects.One person pointed out that different types of climate events,like an ice storm or extreme heat,expose different types of vulnerabilities among communities or groups.One of the mental health representatives explained how the unhoused population had difficulties finding shelter from the heat and smoke, and many mental health facilities had to close,leaving them without access to essential mental health services. Mental health representative These are also folks,due[to]their symptoms,[which make it]more stressful to be around large groups of people or to be in congregate settings,and then,of course,we say,`Well,you can go to a cooling shelter,or you can go here or there.'But sometimes that just adds another challenge for them because then they're around a lot of stimulation and a lot of people,and sometimes they don't feel safe.And of course,we have people with sometimes very deep trauma...I think it's just hard to find a safe place when it feels like the climate is conspiring against you. A disability services representative spoke about the elderly population,many who live in social isolation and experience depression and stress related to lack of mobility,chronic health conditions,and disconnection from the community.This social isolation is exacerbated by heat and smoke events. Government mistrust Responders representing CBOs,emergency agencies and mental health providers frequently mentioned community mistrust of the government.Community-based organizations and mental health representatives brought up the trauma of poor experiences with government entities in the past that immensely impacts the stress level of communities when there is a need to interact with government entities during disasters. ■ CBO representative CBO representative That's one thing that came up during the wildfires.People thought if they During the heat wave...lt's awesome that stay,they would get in trouble and their kids could get taken away.But if they have[cooling shelters],but many they left,they'd be homeless and then their kids would be taken away.. I people don't feel comfortable going to and the other thing is that also receiving services would draw attention places like that,and a lot of it could be even to a family member in a family of mixed status...and so the fear for going I just triggering thinking that you have to. anywhere as a family together and requesting services made them feel Like maybe you've had experiences in your very vulnerable because they didn't know if everybody would be eligible to life of the child welfare system,or things receive services,or if that would draw attention to,or they'd have to show like that.And then you're taking your kids to proof i a shelter. On the other hand,emergency I Emergency responder responders reflected on a preexisting trust that had been built with communities I wear a uniform and a badge,so there's instant fear when I walk out there. prior to the climate events,making it But because they see me out there all the time,and because I'm offering easier for government entities to enter support services,and I'm with people that have built those relationships, communities to provide essential and I'm giving water and Naloxone kits and information,I'm helping them services and wraparound support. learn about addiction and mental health and stuff,I think that trust spreads outward from each other versus coming from me...We put a positive spin and a trusting relationship on people in uniform. 41 Systemic trauma Representatives from CBOs and disability services Disability services provider discussed the ongoing barriers as a result of systemic BIPOC communities are also going to be ones that have racism and traumas that can inhibit BIPOC communities the least amount of access to obtain mental health,or from accessing mental health services.One CBO even health care due to,you know,it could be legal status, representative explained that communities who have had or maybe there's distrust in the system.Butl've noticed, negative experiences with the criminal justice system, especially with like Latino communities,mental health just child welfare system,immigration,and other government isn't something that is generally talked about agencies,are less likely to risk coming under the radar to seek services. Outreach and language services A CBO representative working with Latinx communities discussed the need for more timely and robust language interpretation prior to and during climate events.They shared that the strong reliance on CBO's community health workers to disperse information in various mediums and languages"added strain on staff during already stressful times,"mentioning that effective interpreting and translation requires an investment of time and energy that often takes them away from other important work with the community. A representative for Native American communities CBO representative discussed the lack of outreach during the climate events. The vast majority of information comes out in English first and then it comes out in Spanish next and then it CBO representative rarely even comes out in other indigenous languages... It was actually hurtful.And the native community was left it creates fear and distrust in communities because they out.There was targeted outreach to many underserved have to wait several days for information,and they know communities who needed these resources.And then they something important came out,but they don't know what just forgot.They forgot that there was also an urban native it is. community. Well-being of providers and responders We asked community responders if providers and responders had the necessary resources to meet community needs and the challenges they faced. Emergency responders shared that they are trained for these kinds of emergencies and that there is a protocol even when resources are short.One mentioned that this is the profession they chose and love,but that responders'family members'well-being is an important consideration during these events. Sense of duty During the climate events,interviewees explained how Mental health representative providers and responders went above and beyond I had people who had to evacuate their homes and then their call of duty,many working overtime or showing up were still not taking time off.They still were trying to help despite challenges in their home life. others,which is incredible. 42 Burnout We heard from responders that although staff were dedicated to helping their community,the snowball effect of many crises and the sense of responsibility led to a huge mental toll and burnout. Disability services provider 1 CBO representative When we are hearing crisis after crisis after crisis all day I do want to say that people that work directly with it becomes very draining emotionally...We have our ebbs communities that they identify with or are part of it's and flows,but there are some weeks where you just get extremely taxing,and there's like a sense of obligation hit with one thing after another.When we add that next and commitment.Sometimes our staff feels like they layer on top of all of these crises with the heat and then the can't let things go-that they just have to keep going and wildfires,it just burns you out more quickly. keep going. Resilience and community connectins We asked responders if they perceived any characteristics that support resilience in specific communities or among individuals.Across the interviews,community connection was identified as the most important influence on resilience against mental health impacts from climate events.Many interviewees brought up the significant interest,especially among older adults and cultural groups,for more ways to connect.This included going beyond the service of interpretation and creating spaces welcoming to all people and cultures. CBO representative Mental health representative Maybe having the shelter be welcoming and accessible. One of the things that we are trying to be better at is Maybe that would include having specific activities while trauma-informed care...it's recognizing that almost every people are there that help people reconnect to their individual that you encounter has some event in their life cultural and identity specific things...there has to be more or multiple events that were traumatizing in some way.. forethought in the shelters and a service point where And we're trying to focus on that,because resiliency after somebody meets the agency to receive the service.You a crisis is only as good as the resiliency before the crisis have to include more than just an interpreter. happens. CBO representative Having connection to other people is really meaningful, knowing that you have support.If something does happen that there's people that you can reach out to that are reaching out to you that are checking on you.Especially for our elders. 43 Unhoused and unsheltered There was strong reference to the unhoused and unsheltered community as being particularly resilient,despite their vulnerable circumstances. Emergency responder Mental health representative They trust one another a lot more than they trust anything This again applies to a lot of our unsheltered folks,who are that looks like authority or county or government..I think very resourceful.And I think it was folks who could navigate that a houseless person with almost nothing is usually the resources that ended up having some of the better first person to help another houseless person with almost outcomes.Being able to know where they could go,what nothing versus,you know,the rich guy on the hill that has was available,that kind of information. everything.And so,I think that really helps that group be resilient and be strong. 44 Recommendations Community responders were asked if they had recommendations for improving community mental health support during climate events.They recommended the following: 1. Do not wait for people to come to you An emerging theme called on agencies and Emergency responder community members to create lists of numbers We need to go to people that don't have the ability to reach to call and check in on those who are vulnerable— out and ask for help...because they don't know how to ask homebound people,those that are socially isolated, people with disabilities,the elderly,those with small for help,or that there is help to ask for. children-neighbors,friends,family. 2. Proactive instead of reactive: A I Disability services provider systems and structure approach There are not systems in place.That makes it difficult to Having systems in place prior to climate events was serve people...And so I feel like it's just been like a react, a recommendation from nearly all interviewees. learn.I just)didn't feel prepared. Some people recommended having an emergency operating center during climate events, systematically deploying peer support and mental health specialists,cross-training staff to know how to respond when there is need for mental health services,and to build better working relationships with community-based organizations. 3. Learn from past climate events Along with the need to be proactive,some Mental health representative interviewees called for broken systems to work We needed to have been doing this all along the last three better during these kinds of emergent situations. One mental health representative brought up the years,and that would have hada different trajectory for difficulties that some individuals experienced trying our workforce crisis. to get emergency refills on psychiatric medications after having to flee their homes.Another example from mental health and CBO representatives was the need to hire and retain staff,especially bilingual staff,to meet community needs during future climate events. 45 Looking forward Health outcomes of climate change are one of the primary ways communities feel the impacts of an increasingly warming planet. Emergency department visits from the September 2020 wildfires and fatalities from the June 2021 heat dome foreshadow what the region will experience during future climate events and provide stark contrast to trends documented in this report over the past five to ten years. The time for action is now.Collective and coordinated strategies to create policies,systems,and conditions that reduce inequities and bolster resiliency across sectors will help reduce climate change-related health impacts.The tri-county health departments are accelerating adaptation efforts to meet the need created by complex and increasingly severe environmental threats.Ongoing collaboration with departments at the state level,as well as community groups and organizations at the local level,is critical in building informed and effective interventions.The 2021 public health modernization investment supports local and regional efforts in building environmental resilience and reducing health inequities. 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The report also explores impacts to mental health in the region . ° allk,._- - 0° ._.�._J o ° J ,o 4 cn-46- III Vector-Borne Extreme Air Communicable Extreme Disease Heat Quality Mental Health Disease Weather Lyme Disease Heat-related emergency Air quality related illness Extreme weather- department visits emergency department Salmonella related deaths West Nile Virus visits Heat related Campylobacterosis hospitalizations Pollen allergy-related Tuberculosis emergency department Heat-related deaths visits Data Observations 0 II Figure 1, Heat-related ED visit counts, May- Sept, 2016-2022 E ssa 301:1 302 41)13 324 3#13 2GG 234 200 ZOO 172 177 1a2 11G 121 107 123131 1# i le F4 73 13 TF �� 53 75 1 55 ■ ■ ■ ■ : ■ ill . . iI . . . iI '1E 11 1E '19 'BD 71 '22 Y6 '17 'L8 '19 '20 '21 '22 Y6 17 12. '19 '2D 'al '2Z '1G '17 '12. '19 '20 'al 'al Clackamas I iu1taomah Washington Tri.-County Region Data Observations Figure 4_ Risk of heat-related illness ED visits among all ED visits compared to 2016-2019 2021 2022 • 2_41 if 1. ill 1.73 155 1.5 141 I} 121 1.17 1 Clackamas Mulmamah Washing-tom Regia m Clackamas Multnomah Washington Regitm 03 — Data Observations Figure 12.Excess extreme weather death counts for tri-county region , 2021-2022 1o4 as 40 28 20 11 11 O '21 '22 '21 '22 '21 '22 Environmental Hypothermia Environmental Hyperthermia Total Data Observations Figure 14, Air quality-related respiratory Males rates per 100,000 persons, May-Sept, 2016-2022 5000 4606 4195 4256 c_72 3959 - 4010 000 3646 3000 2000 1000 0 2016 2017 2018 2019 2020 2021 2022 . .Clackamas .Multnomah Washington — — Tri-County Region Data Observations 191111,.:— Regional Daily Asthma-Like ED Visits and Portland MSA Region Air Quality Index 600 509 51:10AQI 400 Four weeks before wildfires ldfires I Four weeks duringlafter v iIdfires 300 270 Visits 200 I 100 I D sono 8{16,r20 s/3r21:1 g131:1/20 9{6{20 9/13120 912 W2U 9/27/20 pf visits its AQI EPA 1 f Figure 17. Number of daily ED visits for asthma-like symptoms and Air Quality Index far the t county region from August 9' through October 3rd. ESSENCE, EPA. Data Observations Figure 20. Distribution of pollen allergy-related and all emergency department and urgent care visits by age group, 2016-2022 Allergy ED Visits All ED Visits 5%al• est 40% _ d 6 10% 7 10% ClderSenior(75-F)* •Cider Adult(45-64) Adolescence(10-17) •Preschool(0-4) Senior(55-74) •Younger Adult(18-44) Childhood(5-s) Mental Health and Climate Change Different types and lengths of climate change events can create a range of mental health impacts: � • Short and acute events that last a few hours to a few weeks like heatwaves, extreme storms, or wildfires • Long periods of extended climate change events like drought or recovery periods from acute events • Ongoing direct or indirect exposure to the hazards of climate change like rising temperatures, rising sea levels, and other global and regional threats Data Observations 4, .... , Figure 32. Google anomalies for "anxiety + anxious + panic + fear" in 2021 July 4,2021 E30 Week After Heat Dome 4- 25 cam., 2D C 15 as L 10 fri5 a� IA 0 E v -5 TD .v -10 E Q -15 CD -20 ~ -25 L CU ��t `p��1, �`� P��\ a �� \� P�� K:i o'er{ '•0 fis�i VI \ <ci Q� 0 o`�e e s c4zO Dark black lines indicate daily search volumes with statistically significant differences from previous years Data Observations Themes from community responder interviews Access to mental health services Systemic trauma Compounding factors Special populations and vulnerabilities Government mistrust Resilience and community connection Well-being of providers and responders 2023 Report Key Takeaways • During the summer of 2021, 94 people died from heat. In a typical year the region would expect one heat death . • ED visits for heat illness more than doubled in summer 2021 and were 40% higher than expected in 2022. • More people visit the emergency department for air quality-related respiratory illness than for any other health indicators in the report. . On mental health impacts, the most prominent theme identified was the lack of mental health providers and services. Responders said that extreme weather events compounded trauma from the pandemic, historic inequities, and racism. How is Washington County public health using the report ? • Report data was used to present to House Health Care Committee in early 2020 on the health impacts of cliamte change • The report helped secure investments from regional CCOs into climate and health work at the three local health departments 4 • It will be our ongoing reporting for state adopted health indicators for environmental health (extreme heat and air quality) • It will inform and help us priortize climate adaptation strategies within the County's climate adaptation plan How can the City of Tigard use the report ? • Grant proposals and funding justifications • Prioritizing investments for adaptation and mitigation strategies • Weatherization assistance programs • Energy efficient heating and cooling and retrofitting exisitng affordable housing • Local ordinances that protect large trees, increase street trees, and create parking lot shade • Resourcing community-based organizations who support culturally specific and low-income communities WhereFindR r to e o is p 3TO1VC,sL Translate - " Washington County 0RFGo� Oregon Community Businesses Departments Priorities Government Search O, > Public Health > Climate and Health 0 1 Local Climate and Health Information Climate and health reports and data to help communities and the organizations that serve Y 00 them prepare for and respond to climate change >- a D _ Regional Climate and Health Monitoring Reports Air Pollution Climate Change and Your Mental This report is produced jointly by Clackamas,Multnomah and Washington counties.It looks at climate events likely to impact health in the Health tri-county region and the health conditions most likely to be affected by these events.By setting a baseline of health conditions affected by climate events,we can track their impact over time. Cold Weather L=J 2023 Regional Climate and Health Monitoring Report(PDF 1.33 MB) Disease-Carrying Insects 2 2021 Regional Climate and Health Monitoring Report(PDF 1.56 MB) Hot Weather 2 2021 Informe Regional de Monitoreo de Clime y Salud(PDF 1.34 MB) Local Climate and Health Information L=J 2019 Regional Climate and Health Monitoring Report(PDF 1.53 MB) Urban Heat Island Mapping Campaign https://www.washingtoncountyor.gov/public-health/local-climate-and-health-information Questions ? Thank you ! Kathleen Johnson, MPH Community Environmental Health Sr. Program Coordinator Washington County Public Health Kathleen johnson@washingtoncountyor.gov AIS-5454 7. Business Meeting Meeting Date: 04/02/2024 Length (in minutes): 5 Minutes Agenda Title: Amending Tigard Municipal Code Chapter 7.84 Regarding Firework Prohibition Authored By: Shelby Rihala Presented By: City Attorney Rihala Item Type: Motion Requested Ordinance Public Hearing-Legislative Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Following multiple City Council discussions, this ordinance proposes removing the prohibition on buying, selling, or using fireworks in Tigard during times in which the National Weather Service has declared a red flag warning. ACTION REQUESTED Based on previous Council direction, staff recommends approval of the ordinance. BACKGROUND INFORMATION The Tigard City Council adopted Ordinance 22-05 on May 24, 2022,which included a provision banning the sale or use of all fireworks during times in which the National Weather Service has issued a"red flag warning" for the City. Though the ordinance was intended to be responsive to conditions of high fire danger and provide an objective trigger for the banning of fireworks, the implementation of this ordinance provided incredibly difficult when a red flag warning was declared in the late evening of July 3rd/early morning of July 4th, 2023. Based on community concerns and enforcement realities, the Council discussed that any regulation needed to be clear and consistent. One option discussed was a complete ban on both legal and illegal fireworks in the City,but this action was not supported by a community survey and presented challenges in enforcement. The Council therefore recommended removing the red flag prohibition and leaving the rest of the City's existing fireworks ordinance in place. Tigard Police Department will focus on education and increasing awareness of firework regulations to gain compliance. Firework regulations were discussed July 25,2023 and February 6, 2024. ALTERNATIVES & RECOMMENDATION Council could direct staff to consider additional regulations on fireworks. ADDITIONAL RESOURCES Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 24- AN ORDINANCE RELATING TO THE REGULATION OF FIREWORKS WITHIN THE CITY OF TIGARD WHEREAS, the Tigard City Council has authority to exercise police powers within the City,including through the regulation of fireworks;and WHEREAS, the Tigard City Council adopted Ordinance 22-05 on May 24, 2022, which included a provision banning the sale or use of all fireworks during times in which the National Weather Service has issued a"red flag warning" for the City; and WHEREAS,the implementation of the red flag prohibition in 2023 proved challenging and ineffective for both the City and the community;and WHEREAS,after subsequent discussions with the City Council,including consideration of a community survey, Council directed to remove the red flag warning prohibition from the City's fireworks regulations. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 7.84 of the Tigard Municipal Code is amended to read as follows (new text in underline,deleted text in;,trikcthrough): 7.84.030 Tcmporary Prohibitions During Extrcmc Firc Dangcr A. During times in which the City of Tigard is subjcct to a rcd flag warning,no person may :,ell,or offer for sale,expose for sale,use,explode or have exploded any fireworks within the City of Tigard,or allow such conduct to occur. B. A person commits the offense of allowing conduct under subsection A of this section to occur if the person authorizes or permits such conduct. A rebuttable presumption exists that the person who owns or controls the real property on which the conduct occurs has authorized or permitted the conduct if that person is on the property at the time of such conduct. C. Subsection A docs not apply to persons authorized by a permit from the State Fire Marshal pursuant to ORS 480.130. D. Violation of this section is punishable by a presumptive fine of$1,000, not to exceed $1,500. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. ORDINANCE No. 24- Page 1 PASSED: By vote of all council members present after being read by number and title only,this day of ,2024. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2024. Heidi Lueb,Mayor Approved as to form: City Attorney Date ORDINANCE No. 24- Page 2