HomeMy WebLinkAboutResolution No. 25-42 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 25- `/.2
A RESOLUTION OF SUPPORT OF AN APPLICATION FOR A BUSINESS OREGON HOUSING INFRASTRUCTURE
FINANCING PROGRAM GRANT TO FUND INFRASTRUCTURE IMPROVEMENTS FOR AN AFFORDABLE
HOUSING DEVELOPMENT IN THE TIGARD TRIANGLE AND AUTHORIZING THE ACTING CITY MANAGER TO
SIGN THE APPLICATION AND PARTNERSHIP AGREEMENT
WHEREAS, the Housing Infrastructure Financing Program (HIFP)was established during the 2025 legislative
session through House Bill 3031, which has committed funds for infrastructure improvements, including
transportation,water,wastewater or stormwater infrastructure,needed to unlock housing development;and
WHEREAS, REACH Community Development Corporation (REACH CDC) Dartmouth Crossing South Phase 2
affordable housing development meets the criteria for Housing Infrastructure Financing Program funding's
specified housing development and requests funding for needed infrastructure improvements;and
WHEREAS, the grant would fund stormwater, transportation, and wastewater improvements needed to
create affordable housing units in the Tigard Triangle TIF District; and
WHEREAS, infrastructure improvements for housing development in an equitable and sustainable manner
advances city, regional, and statewide goals to provide more housing, address inequity, and promote low
impact development practices;and
WHEREAS, the application requires a partnership agreement between the City and REACH CDC which sets
out the terms and conditions of the partnership and grant funding for certain infrastructure improvements
the project will incur if awarded Housing Infrastructure Financing Program grant funds;and
WHEREAS, the City Council wishes to authorize the Acting City Manager to sign the application and
agreement described above.
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Council authorizes staff to apply for grant funding from the Business Oregon Housing
Infrastructure Financing Program to support the infrastructure improvements needed for
the Dartmouth Crossing South Phase 2 development in the Tigard Triangle advancing the
housing goals of the city.
SECTION 2: Council authorizes the Acting City Manager to sign the Housing Infrastructure Financing
Program application and execute the Partnership Agreement, in substantially the form
attached as Exhibit A, subject to final legal review.
RESOLUTION NO. 25- 'a2
Page 1
SECTION 3: The Acting City Manager may approve editing or similar changes to Exhibit A that do not
materially alter the rights or responsibilities of the parties.
SECTION 4: This resolution is effective immediately upon passage.
PASSED: This 1 6 day of 6C C?fri 1 Gem 2025.
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City Recorder- City of Tigard
RESOLUTION NO. 25- 4 2
Page 2
Exhibit A:
Housing Infrastructure Financing Program(HIFP) Partnership Agreement
REACH Community Development Corporation
HIFP Applicant: City of Tigard
Applicant Contact Person and Email: Trinity Miller
Trinitv.millerc tgard-or.xov
HIFP Partner: _ REACH Community Development Corporation
Partner Address: 4150 S. Moody Ave., Portland,OR 97239
Partner Contact Person and Email: Alex Aleman
AAleman@reachcdc.org
HIFP GRANT APPLICATION AMOUNT: $722,515
Partner to use grant funds for stormwater,
HIFP PURPOSE—INFRASTRUCTURE PROJECT: transportation,and wastewater infrastructure
improvements for Dartmouth Crossing South
Phase 2 development
The funded infrastructure improvements will
HIFP PURPOSE—SPECIFIED HOUSING support the Dartmouth Crossing South Phase 2
DEVELOPMENT PROJECT: development which includes 50 units of
affordable rental housing in the Tigard Triangle
TIF district with a 60-year period of affordability.
PARTNERSHIP AGREEMENT BACKGROUND
House Bill 3031(2025)created the Housing Infrastructure Financing Program(HIFP)and directed the
Oregon Infrastructure Finance Authority of the Oregon Business Development Department(Authority)to
administer it.The purpose of the HIFP is to provide grants, loans and forgivable loans to eligible entities
for(a)the development or improvement of transportation,water,wastewater or stormwater
infrastructure, including improvements to system capacity;or(b)site development,including the
development of privately owned sites, necessary for the improvement of transportation,water,
wastewater or stormwater infrastructure;and(c)the proposed development in (a)or(b)will primarily
support a Specified Proposed Housing Development(as defined in OAR 123-053-0020).The Oregon
Legislature has committed$10 million to launch this program,funded through a lottery bond sale
expected in May 2026.All awards are contingent on the successful sale of these bonds.
The Authority currently does not have expenditure limitation authority for HIFP funds.Accordingly, prior
to issuing any Awards,the Authority will seek expenditure limitation from the Oregon Legislative
Assembly in the 2026 session. If the Authority does not receive expenditure limitation,the Authority
may exercise its rights to cancel the RFA without liability.
The Authority is administering the HIFP and has issued a Request for Application(RFA)to solicit
applications and outline the application requirements and submission process.To receive an Award
under the RFA,an applicant must be one of the following:A city,county,county service district organized
under ORS chapter 451,district as defined in ORS 198.010,intergovernmental entity formed under ORS
chapter 190,or a tribal council of a federally recognized Indian tribe in Oregon.A housing authority as
defined in ORS 456.005 or a Housing Developer may apply with an Eligible Applicant as a Partner.The
Authority will make Awards(and Award disbursements)only to a successful Eligible Applicant and not a
Partner. However,a successful Eligible Applicant with a Partner may enter into a sub-agreement with a
Partner to complete the Project and the Partner may receive Award funding from the Eligible Applicant
for the Project. In addition,a Partner may be required to sign the binding contract described in OAR 123-
053-0080,along with the Award recipient depending on the financing details of the Project.The contract
will provide terms providing for the Partner's obligations with respect to the Project,including financial
obligations.The City will apply for this RFA as the eligible applicant in partnership with REACH (Partner).
The application will request funding to support infrastructure improvements for the Dartmouth Crossing
South Phase 2 residential development in Tigard,specifically located at 7595 SW Torchwood Street
(Project). If awarded,the HIFP appropriation must be used for the stormwater,transportation, and
wastewater infrastructure (Infrastructure Project) necessary for the Specified Proposed Housing
Development.
PARTNERSHIP AGREEMENT
1. Use of Grant Funds: Partner is being reimbursed by the grant funds for expenses of the Project
2. Compliance with Oregon Business Grant Requirements:Applicant and Partner will comply with
Oregon Business requirements for use of the funds regarding the usage of any and all monies
appropriated under HB 3031.
3. Term of Grant:All reimbursement grant funding request must be completed by May 30,2029,as
directed by Oregon Business.
4. Progress Report: Partner shall present a report on the Project as requested by Oregon Business.This
may be required on a quarterly basis.
5. Request for Payment of Project Expenses/Release of Unexpended Grant Funds: Partner shall
request reimbursement for materials and services purchased by the Partner from vendors or
individuals on requisition forms in form and substance reasonably acceptable to the City.Any Grant
Funds not requested for payment by May 30,2029 are deemed released from the Grant Amount.
6. Maximum Aggregate Payment: In no event shall the Payment of Project Infrastructures expenses,
including reimbursement to Grant Recipient's vendor or individual, exceed the total Grant Amount
Awarded.
7. Standard Grant Provisions.
a. Assignment Prohibited. Partner shall not assign or otherwise transfer its rights
and obligations under this Grant Agreement without prior written approval from the
City. Provided however,City acknowledges that REACH will loan the grant proceeds to
the Owner of the Project,of which REACH's affiliate will be the general partner.
b. Return of Grant Funds:
i. All Grant Funds not used for the purposes described in the application must
be returned to the City within 15 days of written demand by City.
ii. If such a demand is made but Partner believes that the Grant Funds
were properly used according to the terms of this Grant Agreement, Partner shall
submit substantiating documentation within 10 days after receipt of the City's
written demand to the City's Project Manager.
iii. The City will review the submitted documentation and may contact the Partner for
additional information.
iv. The City's Project Manager will promptly make a written decision as to a finding
whether or not the monies in question were properly spent.
v. If the Grant Recipient wishes to appeal the City's Project Manager's decision,a
written request for review by the City Manager shall be filed with the City Recorder
within 10 days of the written decision.
vi. The decision of the City Manager shall be the final decision of the City.
c. Records;Audit.
i. Partner shall track and share with the City's Project Manager relevant data related to
the Project.
ii. Grant Recipient shall maintain records, books,documents,and other materials
relevant to monies expended.These records shall be subject to inspection, review,
and audit by the City and/or Oregon Business,or its respective designees for five(5)
years.The Partner will promptly provide such additional information, reports and
documentation as the City may require to verify compliance with the criteria for the
grant and the authorized use of grant funds. If it is determined during the course of
the audit that the recipient was reimbursed for unallowable costs,the Partner must
repay these costs.
iii. Partner shall provide information related to the Project infrastructure or to the
expenditure of the Grant Funds as requested by the City or Oregon Business at any
time over the course of the Term
iv. The cost of creating or providing such records and documentation may not be
reimbursed from the Grant Funds.
d. City shall not be responsible for any tax liability imposed upon the Partner by any local,state
or federal government.
e. City may use the Project,or information described in the Partner's Project Information Form
or related materials in City's or Oregon Business's promotional and informational
publications.
f. City shall not endorse nor represent to third parties, including to Partner's employees and
subcontractors,that City endorses any particular manufacturer, product, system,design,
contractor,supplier or installer.
g. All of the information and certifications in the Grant Recipient's Project Infrastructure
Information Form submitted by the Grantee is valid and accurate.
h. Partner shall indemnify, protect, defend,and hold harmless the City and its officers,agents,
employees,and members,from any and all claims,suits or actions of any nature,including
but not limited to costs and attorney fees,arising out of or related to the activities of the
Grant Recipient, its officers,subcontractors,agents or employees under this Grant
Agreement If Partner fails to defend or indemnify,the City may, at its option, bring action to
compel same or undertake its own defense. In either event, Partner shall be responsible for
all of the City's costs,expenses,and attorney fees including the reasonable market value of
any services provided by the City's employees.
i. The failure of the City to enforce any provision of this grant shall not constitute a waiver by
the City of that or any other provision.
j. The undersigned warrants and certifies to the City that this Agreement has been executed
by the Partner pursuant to its authority,and that the undersigned executes this Agreement
on behalf of the Partner pursuant to authority from the Partner.
k. Any notice required or that may be given under this Grant Agreement shall be in writing and
given to and received by the addressee when delivered, by hand, by courier, by telex,by
facsimile copies or by prepaid mail, at the below address,or as such address may be
changed from time to time by written notice to the other party:
i. City of Tigard:Attn:Community Development Director, 13125 SW Hall Blvd.,Tigard,
97223.
ii. Grant Recipient:See name and contact information on Page 1.
1. In the event of any legal action to enforce the terms of this Grant Agreement,the prevailing
party shall be entitled to reasonable attorney fees,at trial and on appeal.
m. This Agreement constitutes the entire agreement between the parties.There are no
understandings,agreements or representations,oral or written,not specified herein
regarding this Agreement.
n. Partner, by the signature below of its authorized representative,hereby acknowledges that
Recipient has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
[Signature Page to Follow]
IN WITNESS WHEREOF,the parties hereto executed this Partnership Agreement.
Eligible Applicant:
CITY OF TIGARD,an Oregon municipal corporation
By:
Emily Tritsch,Acting City Manager
APPROVED AS TO FORM:
City Attorney
Partner:
REACH COMMUNITY DEVELOPMENT CORPORATION,an Oregon nonprofit corporation
By:
Margaret Salazar,Chief Executive Officer