05-03-2018 Coucil Newsletter •
ouncel Newsletter
Provided to the Tigard City Council on a weekly basis to stay abreast of current do issues.
May 3, 2018
1. May 8 Council Business Meeting Agenda Item 7. New Business Licenses
Your mailbags contain a lengthy Development& Liz Lutz attached a list of new business licenses for
Disposition Agreement (DDA) that's an attachment to April 2018.
Agenda Item No. 12 for the May 8 Council meeting.
The DDA references an `Exhibit B'—still in 8. Construction Project Update
development—that will be shared as soon as it is Mike McCarthy attached an overview of road, trail and
complete. If you have questions,please contact Sean construction projects underway in the city.
Farrelly at 503-718-2420. 9. Public Works Update
2. LOC Regional Meeting Added to Schedule An update on activities by Public Works is attached.
The League of Oregon Cities is excited to announce an 10. Press Release
additional regional meeting scheduled for Wednesday, - May programs at the Tigard Public Library
June 6, from 4—6 p.m. at the Sherwood Police
Department. All metro-area managers, staff, elected 11. News
officials, and local government partners are invited to a Budget woes revealed if May 15 levy doesn't pass
attend. a County commission candidates take on housing
3. Regional Infrastructure Fund Grant questions
Application a Tigard Times Readers Letters
Dylan attached a memo regarding the city's application a Tigard police pursue theft suspect into Kruse Way
for solar lighting along the Tigard Street Heritage Trail area
and Outdoor Museum. a Tigard's Safe Routes to School set for May 9
a Tigard Police asking for help locating three
4. Overview of the PD Records Management children involved in DHS custody case
Switch a Theft of briefcase containing gun in Tigard leads
Chief McAlpine attached a memo regarding the police to police activity in Lake Oswego
records management system switch to a new provider. a You are here: A snapshot of greater Portland's
5. Opportunity Zone Recommendation need for affordable housing
Governor Brown included both of Tigard's requested a A few words on PERS, the Budget and City Ballot
census tracts in her recommendation to the US Measure
Treasury Dept. More information is contained in the a LOT Water Partnership wins industry awards for
LOC article as well as a complete list of the Excellence in Engineering
Governor's recommendations and Mayor Cook's a Tigard Chief looks back on her first year
request from February 7. a Tigard library recognizes volunteers
6. Council Correspondence Log a Tigard police 2"`'Annual Open House June 16
Joanne put a co of the latest correspondence to in a Safety Academy trains adults with disabilities
J P PY p g
your mailbag. It includes comments/questions from a Tigard launches Slow Your Roll campaign
Mayor Cook's Fireside Chat, Council Requests for
Staff, Citizen Communication from Council meetings 12. Council Calendar
and emails/letters from the public to Council. Monday, May 7 Budget Committee Mtg.
6:30 p.m.—Public Works Aud.
13125 SW Hall Blvd.Tigard,OR 97223 1 Web www.tigard-or.eov I Phone: 503.639.4171 1 FIX: 503.684.7297 1 TDD 503.684.2772
Coundl Newsletter Page 2
Tuesday, May 8 Business Meeting
6:30 p.m. —Town Hall
Monday, May 21 Budget Committee Meeting
6:30 p.m. —Public Works Aud.
Tuesday, May 22 Business Meeting
6:30 p.m. —Town Hall
Tuesday, May 29 Budget Committee Meeting
6:30 p.m. —IF NEEDED
13125 SW Hall Blvd.Tigard,OR 97223 1 Web www.tigard-or.gov Phone:503.639.4171 FI-1X: 503.684.7297 TDD 503.684.2772
Item# � /(
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Newsletter:5
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MEMORANDUM
TIGARD
TO: City Council
FROM: Dylan Dekay-Bemis, Economic Development Coordinator
RE: Regional Infrastructure Fund Grant Application
DATE: 5/3/18
Economic Development staff recently developed and submitted an application for funding
under Business Oregon's Regional Infrastructure Fund. The Regional Infrastructure Fund
provides funding for infrastructure and capital construction projects that help attract and
expand business and industry, create jobs, and improve the economy. The City's application
is requesting$131,400 to fund the installation of solar LED lighting on the Tigard Street
Heritage Trail and Outdoor Museum. This grant is funded through state lottery bonds and
requires no matching funds. Award decisions will be made in fall 2018, with grant
agreements finalized in late 2018-early 2019. Funds must be expended within two years of
issuance of the grant agreement.
Item #
Newslett r:
d City of Tigard
■
Memorandum
To: Honorable Mayor and City Councilors
From: Kathy McAlpine, Chief of Police
Re: Overview of the Police Records Management System Switch
Date: May 2, 2018
Overview
Over the past six months, the Police Department has been exploring options to replace its police
records management system (RMS). An RMS aggregates information based on data collected from
officer reports (including crime and accident reports) and makes it available via real-time inquires to
officers, command staff as well as records and other identified support staff.
The current system, a Versaterm product owned by the Portland Police Bureau and managed by the
Regional Justice Information Network user group (RegJIN) has been in place for Tigard since April
2015. While implementation of RegJIN expanded Tigard's data sharing capacity among the member
agencies, the promised user efficiencies have never been realized. Delays in upgrades became
common and cost containment has not been effective. The RegjIN members have been told to
expect 10% fee increases each year over the next several years, which is not sustainable. Due to these
factors, all law enforcement agencies within Washington County are in the process of leaving
RegJIN.
While the Washington County Sherriff's Office, Beaverton and Hillsboro PDs will remain with the
Versaterm product for the next few years as an interim solution, they are leaving the RegJIN user
group structure and will manage a Versaterm contract directly. This option will not address our
concerns with the technology capabilities. As result, staff explored other options.
After attending many product demonstrations, and talking extensively with several existing Mark43
customers, it has become clear that this is the right RMS solution for Tigard. The Mark43 platform
includes the following benefits:
• A more customizable product with increased end-user efficiencies
• Ability to share data within all Mark43 jurisdictions
• A $95,000 price savings as compared to RegJIN over the same five year timeframe
• Stable pricing for the contract term
Once the contract has been executed,Tigard can set up intergovernmental agreements with any of
the metro agencies listed below for data sharing. We will also will have the opportunity to accesses
data from the Washington County jurisdictions that will remain with Versaterm in the medium term.
Mark 43 Oregon Customers
CountyClackamas -
• County
implementingFully Implemented Currently
CC Sherriff Salem PD Keizer PD Tualatin PD
Oregon City PD Aumsville PD Lincoln City PD Sherwood PD
Milwaukie PD Dallas PD Monmouth PD Forest Grove PD
Canby PD Gervais PD Sta ton PD Ti and PD
Molalla PD Grand Ronde Tribe PD Turner PD
West Linn PD Independence PD Polk County Sheriff
Contract Terms and Provisions
The Police Department has been working closely with the City's Contract Manager, City Attorney
and Information Technology Manager in order develop a cost effective, responsible records
management software contract. The contract will be for five (5) years. Mark43 is available for direct
contracting by way of a cooperative price agreement through the U.S. Commodities consortium
under contract#4400006644 as a partner with Insight Public Sector (a technology reseller).
Timeline
The contract will be executed by the end of May. Implementation work to transfer our data from
RegJIN and to set up the reporting structure with Mark43 will begin immediately. Our go-live has
been identified as on or about January 1, 2019.
Costs
The annual cost is $51,840 with a total contract cost over the five (5) year term of$259,200.
Contract pricing is stable up to 79 sworn officers. Tigard currently is budgeted for 72 sworn officers.
If Tigard expands to 80 or more sworn officers, an additional $720 per officer will be added to the
annual cost.
Authorization
Item #3514 has been placed on the May 22n6 Council agenda for Local Contract Review Board
consideration. We request that you authorize City Manager, Marty Wine, to take the necessary steps
to purchase the Mark43 RMS purchase on behalf of the City of Tigard. We expect the contract to be
finalized and available for her review by the end of May.
Item#5
4 Newsletter:
uiri
Itu e t ' n April 27,2018 E
Governor Releases Opportunity Zone Recommendation
Governor Kate Brown has recommended 86 census tracts to the U.S. Treasury Department for designation
as opportunity zones. The Treasury has 30-60 days to approve the nominated tracts, which can be viewed
here. Selected tracts are in urban and rural areas, and represent all regions of the state. In mid-March, the
League partnered with Business Oregon and the governor's office to help solicit recommendations from cities
and then forwarded those responses to the state. All suggested tracts were reviewed by Business Oregon and
the governor's office for economic growth opportunity and needs related to employment, demographics and
poverty.
Eligible tracts are those designated as a "Low Income Community" (LIC) by the federal New Market Tax Credit
program. Eligible tracts have a poverty rate of at least 20 percent or with median family incomes that do not
exceed 80 percent of area median income. Opportunity zones are part of the Tax Cuts and Jobs Act of 2017,
and are intended to provide a federal tax incentive for making long-term investments in LICs. An opportunity
fund is the required vehi- cle for investment in an opportunity zone. Program details on investment
requirements and the tax incentive are still in development. It is hoped that the opportunity zone program will
be another tool to help grow Oregon businesses and spur development.
Contact: Wendy Johnson, Intergovernmental Relations Associate — wiohnson(o),orcities.org
Zones
The Tax Cuts and Jobs Act of'2017 establishes a new federal tax incentive to encourage long-term investments
in certain low-income communities newly designated as Opportunity Zones. Through Opportunity Funds,
private investment within a designated Opportunity Zone may earn tax relief on both the capital gains invested
in the,funds and those generated through the investment by the fund.
Community/Basic Location County Tract#
West Salem Polk 51
Dallas Polk 202.02
Sherman County Sherman 9501
Garibaldi Tillamook 9602
East of Pendleton Umatilla 9400
Milton-Freewater Umatilla 9502
Hermiston Umatilla 9510
La Grande(East side) Union 9708
The Dalles Wasco 9704
The Dalles Wasco 9705
Tigard Washington 307
Tigard (Washington Square) Washington 309
Beaverton Washington 313
Beaverton Washington 314.02
Tualatin Washington 320.03
Tualatin Washington 320.05
Hillsboro Washington 325.01
Forest Grove Washington 332
McMinnville Yamhill 306.01
Grand Ronde Yamhill 305.02
Newberg Yamhill 302.02
Community/Basic Location County Tract#
Baker City Baker 9505
South Corvallis Benton 1
Corvallis(downtown) Benton 106
Clackamas Clackamas 221.07
Clackamas(South of Hwy 212) Clackamas 221.08
Clackamas(Town Center) Clackamas 222.01
Wilsonville Clackamas 244
Oregon City Clackamas 225
Willamette Falls Clackamas 224
Astoria—Tongue Point Clatsop 9503
St.Helens Columbia 9707
North Bend(along Hwy 10 1) Coos 3
Coos Bay(Empire) Coos 5.04
Prineville and Powell Butte Crook 9503
Port Orford Curry 9501
Redmond Deschutes 9
Bend(Old Mill area) Deschutes 15
Bend(Central Business District) Deschutes 16
Bend(East Bend) Deschutes 18
Roseburg Douglas 1300
Reedsport(including Gardiner) Douglas 100
Burns and Hines Harney 9601
Hood River Hood River 9503
Cascade Locks Hood River 9501
Medford(downtown) Jackson 1
Medford Jackson 12
White City(North of Medford) Jackson 13.01
Warm Springs Jefferson 9400
Madras(East side) Jefferson 9602.02
Grants Pass(downtown) Josephine 3605
Chiloquin Klamath 9702
Klamath Falls(downtown) Klamath 9718
Community/Basic Location County Tract#
Lakeview Lake 9602
Eugene(downtown,5th St area) Lane 39
Eugene(Bethel) Lane 43
Springfield(downtown) Lane 33.02
Eugene(UofO and EWEB property) Lane 37
Springfield(Glenwood) Lane 36
Lincoln City Lincoln 9503.04
Millersburg Linn 201
Albany(downtown) Linn 204
Ontario Malheur 9703
Nyssa Malheur 9705
Salem(downtown) Marion 2
Salem(airport) Marion 10
Salem(downtown,North waterfront) Marion 3
Woodburn(East side) Marion 103.05
Woodburn(West of I-5) Marion 103.03
Portland(Innovation Quadrant) Multnomah 1 1.01
Portland(Inner East Side) Multnomah 21
Portland(Lower Albina) Multnomah 23.03
Portland(Pearl Dist) Multnomah 51
Portland(PSU) Multnomah 56
Port of Portland area Multnomah 73
Gateway Multnomah 81
Gateway Multnomah 82.01
Gresham Multnomah 100.01
Portland(downtown) Multnomah 106
Rockwood Multnomah 96.03
Rockwood Multnomah 96.04
Rosewood Multnomah 96.06
Rosewood Multnomah 97.01
Wood Village Multnomah 98.01
Fairview Multnomah 101
Fairview/Wood Village Multnomah 103.04
South Waterfront Multnomah 57
S
February 7, 2018
Governor Kate Brown City of Tigard
Office of the Governor
900 Court Street NE, Suite 254
Salem, OR 97301-4047
Dear Governor Brown,
As you are aware, the Tax Cuts and Jobs Act of 2017 allowed for the creation of Opportunity Zones,a new
community development tool to encourage long-term investment in low-income communities. The
Opportunity Zones program uses a tax incentive to encourage investors to reinvest their unrealized capital
gains into Opportunity Funds that are then invested into eligible Opportunity Zones.The program uses low-
income community census tracts as the basis for determining areas eligible for Opportunity Zone designation,
and Governors are able to designate up to 25 percent of the total number of low-income census tracts in their
state as Opportunity Zones.
With this in mind, I formally request that Washington County census tracts 307 and 308.01 be nominated to
the Department of Treasury as Opportunity Zones. Located in Tigard,both census tracts are eligible for
Opportunity Zone allocation based on low-income community criteria.The median family income in census
tracts 307 is $33,229—less than half the median family income of$76,348 for the Portland-Vancouver-
Hillsboro metro area. Likewise,the poverty rate in census tracts 307 stands at 22.5%,in comparison to a
metro-wide poverty rate of 12.8%. Although it has a slightly higher median family income and poverty rate,
census tract 308.01 qualifies for Opportunity Zone allocation because it is contiguous to census tract 307.
Census tracts 307 and 308.01 are located within two of Tigard's targeted improvement areas—the Tigard
Triangle and Downtown Tigard. Both tracts are underdeveloped and underutilized. As a voter-approved urban
renewal district since 2006,Downtown Tigard has begun to see gradual reinvestment that is slowly revitalizing
the district. Designated an urban renewal district in 2017, the Tigard Triangle is expected to see similar levels of
reinvestment in the coming decades. While this gradual redevelopment will eventually benefit existing
residents,both areas continue to be among the most impoverished and underutilized in the city.
Located in the heart of the Portland region,the Tigard Triangle and Downtown Tigard are well positioned for
future development that can accommodate regional growth and provide enhanced employment opportunities
for local residents. Opportunity Zone designation will provide the City of Tigard with an invaluable tool to
help jumpstart the revitalization of its low-income neighborhoods.The Tigard Triangle and Downtown Tigard
are primed to attract viable projects that increase in value over the life of the Opportunity Fund,a key
stipulation for the Fund's success. When coupled with tax increment financing from urban renewal,
Opportunity Zone designation will enable both areas to attract the private investment needed to improve social
conditions for local residents.
Thank you for giving my request for Opportunity Zone designation your full consideration.
Sincerely,
Jo n L. Cook,Mayor
City of Tigard
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
Item#
Newslette4:
Business dd
7 Mile Contracting LLC 48501 Hwy 242 Broadbent Or Construction 2
Beauty By Felicia 10120 SW Hall Blvd # 200 Tigard Or Beauty Services 1
Belisama Cruise Travel LLC 10683 SW River Dr Tigard Or Travel Services 1
C David Maxey Ma 7145 SW Varus St 105 Tigard Or Health Practitioner 1
Comfort Flow Heating 1951 Don St Springfield Or Heating/Cooling Equipment& Svcs 2
Elizabeth I Warner Marketing 13456 SW Hawks Beard St 1222 Tigard Or Marketing/Consulting Services 1
Emily Hollis Counseling Services 7000 SW Hampton St 120 Tigard Or Counseling 1
Good Cake Bakery 12085 SW Hall Blvd 130 Tigard Or Bakery Products 2
Hasson Law LLC 9385 SW Locust St Tigard Or Legal Services 5
Honey Spicy Bowl 11963 SW Pacific Hwy Tigard Or Restaurant 2
Jackson Hewitt Tax Service 11945 SW Pacific Hwy # 226 Tigard Or Accounting Auditing Services 2
Johnson Controls Fire Protection LP 6305 SW Rosewood St A Lake Oswego Or Specialty Trade Contractor 2
Keyence Corporation Of America 10300 SW Greenburg Rd 250 Tigard Or Non-store Retailer 6
Light And Shadow Photographer 8364 SW Pfaffle St 108 Tigard Or Photography Services 1
Market Equipment LLC 1114 N Ruby St Spokane Wa Plumbing 10
MassMutual 13125 SW Hall Blvd Tigard Or Benefits Provider For City 5
MJOC LLC 13125 SW Hall Blvd Tigard Or Contract Services with City 1
New Pathways Change Through
Movement 11560 SW 67th Ave 205 Tigard Or Health Services 1
Payscale Inc 6925 SW Barbara Ln Tigard Or Non-store Retailer 1
Portland Compressor 7440 SW Bonita Rd Tigard Or Equipment/Machinery 21
Process Development Labs LLC
Original Extracts 7350 SW Landmark Ln 120 Tigard Or Manufacturer 3
Rain City Capital Of Oregon LLC 16037 SW Upper Boones Ferry Rd 110 Tigard Or Banking Services 3
Sarah Knakal LLC 7360 SW Hunziker St#207 Tigard Or Counseling Services 1
Sunny Massage 12720 SW Pacific Hwy # 4 Tigard Or Massage 2
Tan Republic PDX 14250 SW Barrows Rd #1 Tigard Or Tanning Salon 3
Tap Worldwide LLC 11745 SW Pacific Hwy 2 Tigard Or Automotive Services 8
Tigard Cleaner Janitor 10969 SW Hall Blvd Tigard Or Cleaning Services 1
Total Employees
Construction Project Update — May 2, 2018 [tem#
Newsle er: S'
Pavement Patching in Northern Tigard Neighborhoods
This summer we will be slurry sealing many of the neighborhood streets in northern Tigard. While slurry seal is a
very cost-effective way to counter the effects of weathering,it does not stop cracking. The street crew is removing
and replacing areas of more heavily cracked pavement in preparation for the slurry seal work.
Interstate 5 (Hwy 99W to I-205) Paving and Auxiliary Lane
The Oregon Department of Transportation (ODOT) is adding a southbound auxiliary lane on Interstate 5 from
Lower Boones Ferry Rd to 1-205,improve on- and off-ramps, and repave Interstate 5 (both directions) from Hwy
99W to I-205. Expect some nighttime lane closures through fall 2019.
Wall Street (south of Hunziker�
Wall Street is under construction south of Hunziker Rd. Access is available to local properties (including Potso Dog
Park) but drivers should expect delays.
Hwy 99W/Garrett St/School St
A developer is building new`specialty retail' stores along the northwest side of Hwy 99W across from Garrett
Street,near C.F. Tigard School. Site clearing is in progress, followed by pipe work under Hwy 99W at night.
113th Avenue south of Durham Road
A contractor is building a new subdivision along 113`'Avenue south of Durham Road and is now installing pipes
for water, storm, and sanitary sewer for the future new houses. Daytime delays likely.
Main Street at Commercial Street Crosswalk
The street crew has replaced the flashing beacon system at the crosswalk across Main St at Commercial St, that had
been knocked over by a TriMet bus.
Fanno Creek Trail (Woodard Park to Bonita and Hall Blvd to Tualatin)
Design work is in progress on a project to build the remaining segments of the Fanno Creek Trail from Woodard
Park to Bonita Road and build a new connection from the end of 85`"Avenue (Hall Boulevard) to the Tualatin
Bridge. Contact Mike McCarthy at 503-718-2462 or mikernktigard-or.g_ov with questions.
River Terrace
River Terrace subdivisions are under construction particularly on the east side of Roy Rogers Rd south of Scholls
Ferry Rd. If you have any questions,please contact Mike White at 503-718-2464.
Oak Street near 901''Avenue
A contractor is working on Oak Street near 90`"Avenue for a new apartment complex. Daytime delays likely.
97th Avenue south of McDonald Street
A contractor is building a new subdivision along 97`'Avenue south of McDonald S,including connecting View
Terrace to 97th. Crews are laying pipes for water, storm, and sewer for future houses. Daytime delays likely.
East Fork Derry Dell Creek
Fieldwork is in progress on East Fork Derry Dell creek north of Gaarde St. This stream restoration project is to
protect exposed sewer pipes and undermined manholes along the creek.
Hwy 217 Auxiliary Lanes
The Oregon Department of Transportation (ODOT) is designing a project to add an auxiliary third lane on Hwy
217 southbound from Beaverton-Hillsdale Hwy to Hwy 99W,and Hwy 217 northbound from Hwy 99W to Scholls
Ferry Rd. More information is on the project website at hwy217.org
Bull Mountain Road (Roy Rogers Rd to 164"Ave, Closure June-July
Bull Mountain Road will be closed from Roy Rogers Road to 164`h Avenue for the months of June and July to
reconstruct the road and add a traffic signal at Roy Rogers Rd and a roundabout at the new River Terrace Blvd.
Public Works Update 5/3/18 Item#
Here is a summary of the work happening in Public Works. NewsletEer:
5-3 ig
Mini Public Works Day for Take Your Kid to Work Day
Public Works was excited to welcome the next generation of potential local government employees last week to
celebrate National Take Your Kid to Work Day. Participants had an opportunity to operate the mini excavator,TV
Van and play games with Parks & Rec.
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Sidewalk Assessment Kicking Off in the Summerlake Neighborhood
In an effort to make the City of Tigard's building facilities,parks, trails, and public right-of-way accessible to all, the
city is engaged in developing an American with Disabilities Act (ADA) Self-Evaluation and Transition Plan.
As part of Phase 3 of the project, the city's ADA Planning consultant team started this week on an assessment of
sidewalks and ramps. The three person crew will be measuring and documenting slopes, gaps, obstructions,
pedestrian signal buttons, and more. The team will start in the Summerlake area for 2-3 weeks and then move to
other areas of the city.
When completed, the plan will demonstrate the City of Tigard's commitment to providing equal access to all its
public programs, services, facilities, and activities for citizens with disabilities. For more information,visit
www.tigard-or.gov/ada.
Parks & Rec Volunteers
Team members from Abbott joined Parks &Rec staff in Cook Park last week on Thursday for a beautification
project.
,, ,• The team worked in warm
a, weather to spread 30 yards
t of bark dust near the
entrance to park parking
lots.
.mow•
Their work is much
11, appreciated.
,4
06
f
Water Division Update
Derek Johnson,water division,is fixing a broken 2-inch angle stop,which
serves the Summerfield area with irrigation.
i.
Item# /V
41 Tigard Public Library Newsletter:Its
Press Release
v.
13500 SW Hall Boulevard Tigard, Oregon 97223 www.tigard-or.gov/library
FOR IMMEDIATE RELEASE April 26, 2018
Contact:
Paula M. Walker
Communications Coordinator
City of Tigard
503-718-2508
paula@tigard-or.gov
Trivia, Storytelling and History
Highlight May Programs for Adults at the Tigard Library
The Tigard Library will kick off the month of May with a Trivia Night at Tigard Taphouse
on Tuesday, May 1, at 7 p.m. Participants will enjoy an evening of friendly competitive fun, and
winners will enjoy prizes donated by Tigard Taphouse, located at 9230 S.W. Burnham St.
On Wednesday, May 2, at 7 p.m., storyteller Geraldine Buckley will dazzle the audience with
her inspiring and hilarious true stories for adults. Participants will learn how Buckley, a British-born
convent school girl, became a chaplain at the largest men's prison in Maryland. This event is part of
the annual WCCLS Art of the Story festival at WCCLS member libraries Saturday,April 21- May 5.
Mt. Hood Museum curator Lloyd Musser will share the history of Mt. Hood's Steiner Cabins
on Wednesday, May 16, at 7 p.m. From 1928 to 1953, Henry Steiner and his family built about 100
vacation getaways by hand on wooded land around the Pacific Northwest. Musser will display
photographs of Steiner's log cabins and their unique architectural features.
Harry Landers, former curator of Portland International Rose Test Garden, will present a
program on Sunday,May 20, at 2 p.m. Landers will discuss the behind-the-scenes work necessary to
create the world-class garden in Washington Park, home to more than 10,000 rose plants.
All programs, except Trivia Night at Tigard Taphouse,will be held in the George and
Yvonne Burgess Community Room. The Friends of the Tigard Library generously sponsors several
library programs. For more information,log on to htt2://www.tigard-or.gov/programs/adults.12hn
or call 503-718-2517.
Page 1 of 1
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Budget woes revealed if May 15 levy doesn't pass Newsletter: 5-3-1
Ray Pitz
Thursday, April 26, 2018
Deep cuts would be made in library, police and parks services in the upcoming local option levy doesn't pass
qy r SUBMITTED PHOTO - The city of Tigard will know May 15
if it will have to make deep cuts in its current budget.
• ` :w If a May 15 local option levy doesn't pass, the city will be
making deep cuts into police, library, park and other
MV ,":'! . 7. services, cutting $2.5 million in the upcoming fiscal year.
That was the sobering message City Manager Marty Wine
delivered Monday night during a city Budget Committee
meeting where she laid out the fiscal forecast for 2018-19.
And it won't get any better the following year.
Wine told the committee, consisting of the Tigard City Council and an equal number of citizen appointees, that the
revenues have been growing more slowly than the city's spending, and although the city has tried to curb costs and
increase revenue, it's not enough.
"This proposes over$2.5 million in reductions in 2018-19, and a similar amount of reductions in the 2019-20
(budget),"Wine wrote in her budget message. "In developing this budget proposal, all general fund services will
experience cuts to preserve the city's core functions."
Next month, the city is asking voters if they will pass a local levy measure that would provide money earmarked for
improvements to the city's police department (with a goal of reducing police response times), park maintenance,
library programs and sidewalks. Cost is $1.18 per$1,000 of assessed value, which would result in an estimated 3
percent increase in property taxes.
"If(the levy is) approved, the reduction in large part (will be) avoided,"Wine said.
However, if it doesn't pass, police services will be one of the departments hit hard with a proposed $598,000 in
reductions that include moving three of four school resource officers back to patrol duty with the city's focus being
on handling high-priority 911 calls.
In addition, the department's traffic safety unit, narcotics unit, some community engagement actives, peer court and
vacant police officer positions won't be filled under the proposed budget.
Toby LaFrance, the city's finance director, explained that while the city does have a solid history of being fiscally
responsible, "Fiscal stability does not necessarily equal sustainable service levels."
Several residents testified during the meeting in support of keeping library programs, continuing to have staff
support for the city's Community Emergency Response Team (an organization designed to help extensively in the
event of a local disaster) and concern over budget cuts in general.
At the same time, some audience members asked questions about the need for such a levy, why growth doesn't
pay for itself and why parks are on the list for cuts if residents pay a parks and recreation fee.
LaFrance said much of the city's recent growth has been residential, which doesn't pay for itself, saying more
commercial/industrial would be needed to more effectively pay for that growth. He pointed out that while two-thirds
of the taxes collected by the city come from residential property, only one-third come from commercial/industrial
property in a city of 51,000 residents. LaFrance also explained that the parks fee on utility bills only pays for 30
percent of park operations with the remainder still coming from the general fund.
Still, Wine said that while pension and personnel costs grew at a rate greater than 3 percent, the city doesn't have
many employees covered under the Public Employees Retirement System, better known as PERS. (The New York
Times recently wrote about the Oregon PERS system and the impact increased employee pension plan payments
are having on local governments throughout the state.) Wine said, of the city's 300 employees, only 72 are covered
under PERS.
Meanwhile, departments impacted by the proposed budget and the amount of reductions include:
• $388,000 reduction in library services. This would result in reduction of children and adult programs the library
offers. In the second year it would mean closing the library on Sundays and Mondays.
• $924,000 reduction in park maintenance. In the 2019-20 fiscal year, that would result in brown parks and
recreation fields because irrigation would be eliminated. Elimination of recreation programs such as the annual Egg
Hunt, Movies in the Park and the Concert in the Park would also occur by 2020.
• $341,000 reduction in community development resulting in no longer enforcing community development, housing
or nuisance codes.
• $652,000 reduction in human resources, central services, facilities, information technology, finance and city
administration services. That would mean half of the city's social service and community grant funding would be
reduced in the upcoming fiscal year.
Although the next Budget Committee is scheduled for Monday, May 7, Tigard City Council President Jason Snider
questioned the need for the meeting given so many unknowns.
"I feel like I can't move forward mentally without the resuts of the levy," he said.
County commission candidates take on housing questions
Ray Pitz
Thursday, April 26, 2018
Eight candidates seeking three seats spoke at Tigard Public Library, sponsored by Washington County Thrives.
Questions on affordable housing and homelessness were among those that dominated a candidate forum for three
seats on the Washington County Commission, sponsored by Washington County Thrives, an organization that
focuses on advocating for affordable housing, workforce training and early learning.
Greg
TIMES PHOTO: JAIME VALDEZ -
Malinowski answers a question during last
Friday's candidate's forum sponsored by
Washington County Thrives.
y:p ' Eight candidates gathered for the two-hour
forum on Friday, April 20, held at the Tigard
Public Library.
The open positions and their candidates
include: An at-large seat to become
commission chair: Ryan Deckert, Kathryn
Harrington, Bob Terry and Shabba Woodley.
District 2: Greg Malinowski and Pam Treece. And District 4: Kimberly Culbertson and Jerry Willey.
Moderating Friday's event was Dana Haynes, managing editor of The Times, and Yanely Rivas, lead organizer for
Washington County, Unite Oregon.
Questions that were asked (not the same ones for each group of candidates) included such topics as how to avoid
displacing residents if housing complexes are sold and if rents go up substantially; whether they support Southwest
Corridor Light Rail plan (despite the fact it will likely lead to some residents and businesses being displaced);
personal stances on where they would stand if a group home for the mentally ill were located in their neighborhoods;
support of so-called sanctuary cities or counties; and how candidates would help people move out of subsidized
housing and into an open market.
The majority of questions focused on affordable housing and homelessness in Eastern Washington County.
Specifically mentioned numerous times was a likely regional $500 million affordable housing bond, which could be
placed on the Nov. 6 general election ballot by Metro, the regional government.
Highlights of answers made by the candidates include:
District 4
Kimberly Culbertson: "Affordable housing keeps families stable and building community," she said. She also said
she wants to see people be allowed to age in place and advocates for housing for the elderly. "We need to hold our
cities to account—and make it a priority in Washington County—to have affordable housing for elders."
Culbertson said putting people on the streets in order to flip a housing project was "inhumane." She also said there
is a huge need to have affordable housing in Washington County.
Jerry Willey: A former mayor of Hillsboro, Willey said there are a number of families in the community who are on
the cusp of homelessness and it's important to have an all-hands-on-deck approach to address the problem in the
fastest growing county in the state. The county, he said, needs to deal with the differences between the "haves and
the have nots." He said he was supportive of the Metro bond as well. "It will be important that we reach out to each
one of those segments of our low-income folks to make sure they are taken care of."
District 2
Greg Malinowski: "We have to do something about the affordable housing crisis." Malinowski noted that many of the
homeless have mental issues that needs to be dealt with, noting that the sheriff is currently the default mental health
provider, something that shouldn't be happening. He also clarified that when discussing housing that being
homeless is different from a workforce that has jobs but can't afford to live here. Running for reelection to his seat,
Malinowski said he was pleased the county purchased housing for mentally ill residents in the county. "They're part
of our community too. They're our family, our friends. They're us."
Pam Treece, who serves as executive director of the Westside Economic Alliance, said she believes economic
viability is more about everyone succeeding. She said she would be supportive of homeless shelters, even if one
were built close to her home. "If a shelter were built in my neighborhood, I'm a knitter, I'd be knitting blankets and
hats and taking them over. Yes, I would welcome them in my community." She said she was supportive of the
notion of having sanctuary counties as well as sanctuary cities.
County Chair
Ryan Deckert: He said 3,200 children in Washington County go to bed homeless or housing insecure each night. He
advocates for passage of the likely regional bond that would secure money and then build what would likely have to
be multi-family units quickly. Deckert said he does believe the ultimate solution is for the county to build its way out
of a problem, constructing 23,000 housing units. "And that's how we'll create downward pressure on rents," he said.
He also said the issues related to housing will continue to be a topic of discussion throughout the nation in the
future.
Kathryn Harrington: "Everyone deserves the opportunity of stable housing." However, she said the market has
abandoned those who make $30,000 a year or less. She said she's supportive of such a Metro bond, which she
predicted would cost the average homeowner$50 more a year on their property tax bill. "Washington County,
(which) is the economic engine of this state, should be looking out for those in the community who are struggling. It
is paramount." She said the county has a big need for affordable housing and needs to spend time coming up with
solutions to the problem.
Bob Terry: Told audience members that there needs to be a public/private partnership when constructing affordable
housing. He pointed out, however, that homelessness in Washington County has gone down, not up. He said the
county is working on a solution to the subsidized housing issue allowing it to move into an open market but said it
has to include help from residents, "not just your pocketbook." "The cost of housing is a problem that affects
everybody," he said. However, to the general questions and answers brought up during the meeting, Terry said it
sounds like the sky is falling. "I assure you, your sky is not falling."
Shabba Woodley: Supports not only affordable living units but keeping them affordable. He said the county needs to
look at rent control. "What's the point of having a bond now if we're going to need a bond later?" he asked. Woodley
said he's supportive of the proposed Metro bond, noting that going into Portland people are sleeping just off the
highway. "And that's coming our way and it's here now. So yes, we need to do something immediately to support
this bond" he said. "If you don't pay for it now, it's going to be more expensive in the future."
Tigard Times Reader Letters - May 3, 2018
Tigard resident voted 'yes' yes for city levy
As a 33-year resident of Tigard and graduate of Tigard High many decades ago, I voted for the local option levy.
The cost of$1.18 per$1000 of assessed property value seems to work out to about one half the cost of a special
cup of coffee per day, based on property with about$400,000 assessed value.
That half cup of coffee represents three or four police resource officers pulled out of schools, police officer
vacancies not filled, library closed more days, park maintenance reduced and information technology not keeping
up.
I want these things: to sleep well knowing our police department is fully staffed, to visit the library knowing it is not
closed, to enjoy our clean parks, and to know that information is available through up-to-date technology.
That's why I voted for Ballot Measure 34-283.
Vlasta N. Barber
Tigard
Voting 'yes' for Tigard's levy
Tigard is a great place to live and I want to keep it that way. That is why I will be voting "yes" on the upcoming tax
levy.
When I moved to Tigard just over three years ago, I commented to friends and family how well the city is run. As a
citizen volunteer on the Bond and Levy Taskforce, I had the opportunity to examine all facets of the current tax
revenue situation and its impact on Tigard.
I know how carefully the city manages the budget but costs are increasing faster than our revenues and this makes
it impossible to deliver the same level of service at current property tax rates. Our recommendation to put the levy
on the ballot was not made lightly as we understand the financial impact to families. But the alternative—a
significant reduction in services—also has consequences. Fewer police officers, cutbacks in park maintenance and
library closures hurt all of us.
We need to decide what kind of community we want Tigard to be. I hope you will join me in voting "yes" on the levy
to maintain the city services that contribute to our quality of life and safety.
Kate Rogers
Tigard
Say 'no' to plan for Tigard's tax
Tigard has a massive tax increase on the May 15 ballot. Property taxes would go up at least 32% in one jump if this
was to pass. Clearly not affordable.
Tigard's population has increased but so has its revenues. What did they do with all the new money? Higher
salaries? They have a spending problem, so they need to live within a budget just like we all do. Taxing people out
of their homes is not the solution.
Vote "no" on tax measure 34-283! Thank you.
Paul Hoffman
Tigard
Tigard levy would raise taxes too much
The tax levy measure for Tigard is exactly a 47 percent increase in your Tigard property tax. The current rate is
$2.51 per$1,000 and the proposed measure adds $1.18 per $1,000. That is exactly a 47 percent increase (not the 3
percent that The Times mistakenly reported last week)
The city has threatened brown parks, reduced library access and slow police response. Yet the city, by its own
statements, collects just one half of 1 percent less than it needs to sustain current services. Yes, one half of 1
percent ... yet it is asking for a 47 percent increase. Why are they asking for so much?
"Expanded Services"—That is why. If that's what they wanted they should have said so explicitly ... and they did
not.
Know what you are voting for, or against.
Brian Conroy
Tigard
Mayor: Preserving our community for the future
Mayor John Cook Monday, April 30, 2018
Tigard Mayor John Cook urges 'yes' vote on Measure No. 34-283 on May 15 ballot.
For the past year I've been writing and talking bout the budget challenges our city is facing. I truly want our
residents and business owners to have a thorough understanding of what's going on and how Tigard has been
dealing with these challenges for the past several years. It's one of the reasons why we have all of our budget
documents, going back to 1966, available online.
Mayor John Cook
Still, I'm a certified public accountant and even I don't think reading
through a budget is exactly scintillating. So I want to break down some
of the information about how the costs of running the city are rising,
what we've been doing to try to contain them, and why our current path
is not sustainable.
Tigard's General Fund Operating Expenses cover wages, benefits,
medical and dental coverage, materials and services, and indirect charges.
It's probably no surprise that largest portion of the city's General Fund Operating Expenses are wages and benefits
for our employees. In fact, two-thirds of our operational costs are the people who are providing our city services—
and that percentage has stayed pretty-much the same over the years. That's because Tigard has taken appropriate
measures to contain these costs, including moving to a system where employees now contribute to their medical
and dental coverage.
But between 2008 and 2017, Tigard's population increased by 9.7 percent—from 46,715 people to 51,253 people.
During that same period the number of city staff increased by less than 1 percent, from 296.05 full-time equivalent
(FTE) personnel to 297.85 FTE. The Tigard Police Department's number of authorized positions decreased from 93
FTE in 2008 to 88.5 FTE in 2017.
So, although Tigard's increased population requires more city services, the city has not increased the number of
people available to provide those services. We've also deferred needed building repairs, postponed investments in
some of our basic infrastructure, and drawn on the city's emergency reserves to keep our taxes and fees low.
I know I've said it before, but this situation is no more sustainable for the City of Tigard than it would be for any of
you. That's why the City Council proposed Ballot Measure No. 34-283. This levy would provide funds for our police,
our parks and our library—allowing the city to reduce emergency response times to under six minutes, increase
police patrols in neighborhoods, retain important safety and community building efforts like our School Resource
Officer program, help maintain our parks, playgrounds and trails, preserve story times and other library programs,
and preserve our Community Emergency Response Team (CERT) program.
The cost of the levy would be $1.18 per$1,000 of the assessed value (NOT market value) of a property, and
accountability of funds would be provided through annual performance and efficiency audits and an oversight
committee.
Remember, if we don't take care of what we have now, the quality of our community will decline. This is our city.
These are the things we value. We have to decide what kind of future we want for ourselves and our children, and
what we are willing to pay—or give up—to get there.
If you want our community to stay a community—that is, to be a safe, active, healthy and connected community—
I urge you to vote "yes" on Measure No. 34-283.
Tigard police pursue theft suspect into Kruse Way area
Anthony Macuk Thursday, April 26, 2018
Nearby Lake Grove Elementary was briefly placed on lockout Thursday afternoon as a precaution
PHOTO COURTESY OF TIGARD POLICE
DEPARTMENT - Tigard Police tweeted a photo showing
the suspect's gray pickup truck, which was stopped in a
parking lot on Meadows Road.
Lake Grove Elementary School was placed on lockout for
approximately half an hour early Thursday afternoon while
GARD POLICE
police searched the area nearby for a suspect in a theft.
'– -- School officials sent out a message at around 12:50 p.m.
stating that all students were safe and the district was
awaiting an all-clear from the LOPD.
4 According to Lake Oswego and Tigard police department
officials, Tigard police received reports that some sort of
carrying container, possibly a briefcase, had been stolen from inside a parked vehicle outside a Home Depot on SW
Sequoia Parkway in Tigard. The bag's contents included a laptop and a handgun.
The suspect drove away in a gray Dodge pickup truck, and Tigard police received descriptions of the vehicle from
multiple witnesses including the victim of the theft, who was also able to tell police dispatchers that the pickup
appeared to be heading toward Lake Oswego.
A Tigard police officer located a vehicle matching the description near the intersection of Bangy and Meadows
roads, and followed it down Meadows Road while waiting for backup to arrive. Police stopped the vehicle in a
parking lot in the 5100 block of Meadows Road, near the intersection with Carman Drive.
The driver of the pickup was taken into custody, but a second suspect—who had been a passenger in the pickup
—fled the scene on foot. A K-9 unit from Beaverton was called in to assist Tigard police in searching the area for
the suspect, and the LOPD offered assistance as well.
The bag was found inside the pickup, and the gun and laptop were both recovered.
The lockout at Lake Grove Elementary was lifted at approximately 1:20 p.m. after school district officials received
the all-clear from police. School officials said the rest of the school day would proceed on its normal schedule, with
the usual Thursday early release at 2:10 p.m.
According to LOPD officials, the K-9 search had been called off by 2 p.m., and the second suspect was still reported
to be outstanding as of 3 p.m.
The first suspect was transported to Washington County Jail on multiple theft charges including felon in possession
of a firearm.
Joanne Bengtson
From: Isilverman@shorenstein.com
<Shorenstein.communication@com.ngl.angusanywhere.com>
Sent: Thursday, April 26, 2018 1:57 PM
To: Joanne Bengtson
Subject: ***Police Activity Update***
S H O R E S T E I N
POLICE ACTIVITY
5200 MEADOWS BUILDING
The Tigard Police Department (TPD)with the assistance of Lake Oswego Police Department (LOPD) are assisting
the in the search and capture of a suspect associated with the theft of a briefcase that took place in Tigard this
afternoon. The suspects were followed from Tigard to the 5200 Building on Meadows Road in Lake Oswego
(not a Shorenstein building),where one of the two suspects was apprehended. The TPD and LOPD have deemed
this situation a non-credible threat to the Kruse Woods Corporate Park buildings and have not directed us to
lock down any buildings.
Should we learn more about the situation, we will let you know.
Shorenstein Realty Services, L.P.
503-619-3200
Tigard's Safe Routes to School set for May 9
Times staff
Wednesday, May 02, 2018
The Safe Routes to School event, involving hundreds of students, is set for May 9; Tigard Bike Rodeo is May 12.
Nati�onalwal`k�V&Bi SUBMITTED PHOTO - The Safe Routes to School event, involving hundreds
�r of students, is set for May 9, followed by the annual Tigard Bike Rodeo on
May 12.
Tigard's Safe Routes to School program is kicking off May with two biking
v events geared toward children of all ages: Walk and Bike to School Day on
May 9 and the Tigard Bike Rodeo on May 12.
Walk and Bike to School Day is a bi-annual event that raises awareness of
the need to create safer routes for walking and biking and the benefits of
increased physical activity among children. Hundreds of students and
Wednesday May 9. 2018 parents at eight Tigard-area elementary and middle schools will celebrate
National Bike to School Day.
Elementary school walkers, cyclists and rollers hit local streets between 7:30 and 10 a.m., and again between 2:30
and 4 p.m. on May 9 with activities to encourage families to participate in healthy and active transportation.
The Safe Routes to School program improves safety for all pedestrians and bicyclists in the community by reducing
traffic congestion and motor vehicle emissions while increasing opportunities to be more physically active and
connect with neighbors.
Then on Saturday, May 12, the Third annual Tigard Bike Rodeo will take place at C.F. Tigard Elementary School
from noon to 3 p.m. Bike lovers of all ages are invited for this fun-filled event to get everyone excited and ready for
safe biking adventures.
Parents and kids should bring their own bike and helmets for a free check-up from the bike doctor. Loaner bikes will
be available to those without wheels. Participants can improve bike-riding skills, make their way through an obstacle
course and learn more about bike safety. Cool raffle prizes and ice cream will be handed out as well at this free
event.
For more information about the city's Safe Routes to School program, visit: www.tigard-or.gov/srts.
Tigard police asking for help locating three
1� children involved in DHS custody case
Posted: Tuesday, May 1, 2018 2:20 PM EDT By FOX 12 Staff
(Image:Tigard Police Department)
TIGARD, OR (KPTV) -
The Tigard Police Department is asked for the public's help in locating three
children as part of a custodial interference investigation.
Police said the Oregon Department of Human Services was granted custody
of three children, 5-year-old Aaliyah Griffin, 3-year-old Genesis Brechtbill-
Griffin, and 7-month-old Neveah Brechtbill-Griffin, in Washington County
Juvenile Court in Feb. 2018.
The children's mother, 27-year-old Jowanda Rita Griffin, was indicted and
arrested for custodial interference in the second degree after she did not disclose the whereabouts of the children to
DHS. Griffin is out of custody but still has not said where the children are.
Police said Griffin's boyfriend and father of the two youngest children, 32-year-old James Jonathan Brechtbill, is
wanted for a parole violation. Brechtbill may be with Griffin and the children, according to police.
The children are listed as missing, endangered persons, and will be taken into protective custody when found.
Crime Stoppers offers cash rewards for information leading to an arrest in any felony crime, and tipsters can remain
anonymous.
Anyone with information about the whereabouts of Griffin, Brechtbill, or the children can submit an anonymous tip by
visiting the App Store and downloading P3 Tips, or online at .vww.p3tips.com/823, or call 503-823-4357.
Copyright 2018 KPTV-KPDX Broadcasting Corporation. All rights reserved.
' Stay
4 CHOICE ROME
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VIDEO140ME NEWS WEATHER ■O. .
Theft of briefcase containing gun in Tigard leads to
police activity in Lake Oswego
Postea.Apr 26. 2018 1 28 Ph$P:,T
Updated:Apr 25. 20i 18 1:28 PM PDT
By FOX 12 Staff CONNECT
LAKE OSWEGO, OR (.KPTV) - The theft of a briefcase containing a
gun in Tigard led to a traffic stop and investigation in Lake Oswego.
Tigard police received a report Thursday about a briefcase stolen , I
from a vehicle in a parking lot off Southwest Sequoia Parkway.
Image: KPTVYAir 12
The victim witnessed the theft and provided police with a description
of the suspect and the suspect's vehicle.
The suspect was spotted in Lake Oswego a short time later off Can-nen Drive. Police pulled over the
suspect. who was detained for questioning.
Officers then searched the area for a passenger who possibly ran away from the scene-
Police said the gun was recovered.
Lake Grove Elementary School was put on lockout due to the police activity. Administrators said all
students and staff were safe inside the building. All outside activities were canceled until the situation
was resolved.
Copyrignf 2018 KPTV-KPDX 6roadcastrng Corporation. All rights reserved.
' You are here: A snapshot of greater
'
Portlands need for affordable housing
g
r
By Rebecca Hamilton
April 24, 2018 6 p.m.
Rebecca Hamilton is a regional planner at Metro. Stories with a byline do not
necessarily represent the opinions of Metro or the Metro Council.
Greater Portland is short an entire city's worth of affordable homes for renters: about 48,000 homes.
In other words, greater Portland is missing more affordable homes regionwide than there are homes in the entire
city of Gresham (41,000) or Beaverton (39,500).
Rents have risen swiftly in recent years—far faster than renters' incomes. It has left a widening gap between the
number of affordable homes and the number of people who need them.
Here are 5 things to know about greater Portland's need for affordable housing:
1) The lowest-income families are facing the brunt of the shortage
Homes that are affordable to the lowest-income families are in the shortest supply.
Greater Portland has a shortfall of about 48,000 homes affordable for individuals and families making less than
half of the area median income—a senior depending on a social security, or a preschool teacher or home health
aide supporting a family of three, for example.
Median family income varies by family size. For a family of three, half of the median family income is
$36,650. The region has enough homes affordable for people who are moderately low-income, such as a truck
driver or an administrative assistant and their family. But homes that are affordable to a family earning $50,000
per year are not affordable to a family earning $25,000 per year.
supply . . - Number of homes that are both affordable and available
per 100 renter households available
care or their family and ooatnb,,#te to mr community Extremely
But gt.Portland does 11of h I—;11-h—-thttth.ff.,dabl.—d.,a i a blir for th. low Not all homes that are
farnr,who need them income affordable for a faimi ly are
(0-30%MR) also available to that
Surplus or shortage of affordable hori Par i. incor" family
bracket(Portland rnetro ar") 30-50% Fl) 45
SurP
. . . . 45
1001K LOW H,ghe,-come
income 181 households may choose
ModerateltU
homes that would have
high 58
income been affmclabletotheif
58
1 100 ISO 200 lovrer-income peers
both regvWW and unregulated housing Data for reating hwwrxilds wMn the Metro regxxt,defiea m C
%honari, 0 LO- 1-2 reol,rit data avisilabli,nor VW*).Numb—have ioleri mrided--mFr-a",art family
1
The shortfall of these deeply affordable homes is an issue for every city and county in our region. Clackamas,
Multnomah and Washington counties each have only between 45 to 50 percent of the affordable homes they
need to meet their residents' needs. That includes both inexpensive apartments in the private market that do not
have rent limits (unregulated housing) and apartments with rent limits (regulated, or protected, housing).
Local housing authorities and developers—either
for-profit or not-for-profit—build, own and operate
apartments with rent limits. With support from
public subsidies, regulated apartments are reserved
for low-income individuals and families. But the
t supply of regulated apartments is not evenly
distributed across greater Portland, even though the
need for them is widespread.
r
Distribution of regulated affordable housing in the Portland metro a,
Scrod wer mau i.•._.._
Inexpensive apartments in the private market make up
the lion's share of the region's supply of affordable *iK-
homes. But without public investment, the private
market generally can't produce new units that are
affordable to low-income people, and the supply that
we have is dwindling. ►
Unregulated, mid-quality apartments (that tend to be
less expensive) are disappearing as landlords sell or ROVAI,,,,Wftp,W"
upgrade their buildings and subsequently raise rents. 0 5w 1 1.500 2,0W 2,500 3,000 3,500 4,000
These buildings tend to attract higher-paying tenants at
the expense of lower-income tenants who are often
evicted or priced out.
Research by Seyoung Sung and Dr. Lisa Bates of Portland State University shows that 90 percent of apartment
buildings sold between 2006 and 2017 were these modest, less expensive apartments.
Sales of these affordable units are especially common in racially diverse areas, meaning that people of color are
disproportionately at risk of losing affordable homes in their communities.
2
Apartments with rent limits remain sanctuaries of
vulnerablp supplyhousing affordability for low-income renters.
Public subsidies, either for construction or ongoing
region'sOnly a small traction of the affordable homes are regulated . . . operating costs, make it possible for low-income
remain affordable to low-income families. renters to pay a rent that is affordable.
Click the narnan below toscroll though data for each county,
Metro region cAaaaman; Multriornith Washington Only a small fraction of the region's supply of
affordable homes is protected in this way,
AN 17% however. In Multnomah County, 23 percent of the
affordable homes are reserved for people with low
Percent of affordable homes in Metro region that are protected to remain affordable incomes; in Clackamas County, only 11 percent
are.
On Jan. 23, 2017, Clackamas County staff and
The rest on the private market are
68 • • • more than a hundred volunteers spoke with people
vulnerable to steep rent ,increases as buildings are Aft.,dably pr,*d••• experiencing homelessness across the county as
upgraded or sold to new owners apartrinents sold part of the biennial Point-In-Time Count, a
seeking higher-paying tenants, bet�20%to 2Or7 s nationwide effort that tallies the number of
• • homeless individuals in our communities.
Total units sold in racolly
Pesearch shows that the pace of diverse areas The number one reason people said they were
those transactions is accelerating. <X all sale-� homeless? Unaffordable rent. That was out of a list
Communities of color • of 22 contributing factors that included drug or
disporportionately lost these took place in the past alcohol abuse and mental health issues.
affordable rental homes. year and a half
Homelessness has been declining in most of the
Protected homes=reguiatea homes contained vAirin the pontiori oteach cowitevithn the metroiurwct—tunday
United States for the past decade, but like other
'o,m h—mg choice mid opponunay a study of000rtmerit buifoog sates and r—ft,-Str,,oung Sung and Usa K Bares,
Piro.Now 7DY7 West Coast metropolitan areas with tight housing
markets, homelessness in greater Portland has
started to tick upwards.
According to the Point-in-Time Counts, 330 people found themselves newly homeless between 2015 and 2017.
Housing experts say the actual number is much higher, because these counts only include people sleeping in
shelters and unsheltered persons directly observed by volunteers. They do not include people who are living
doubled up with friends or family, staying in motels, or sleeping out of sight.
2) Affordable homes benefit everyone
When a community chooses to invest in a healthy supply of homes at different levels of affordability, the
benefits reverberate far beyond the initial investment.
Decades of research have established connections between having an affordable place to live and a person's
physical health, mental well-being, access to jobs, their children's success in school, and so on.
Benefits for these individuals and families are directly tied to larger benefits for our whole region. We commute
on the same roads, go to school together, work under the umbrella of a common economy and breathe the same
air. So when families do better, we all do better.
3
3) Housing assistance isn't getting to the people
opportunities .r families Alk who need it most
advantages ' Since the post-Great Depression social programs of
the 1930s, the federal government has provided
financial assistance to homeowners and low-income
It's better for our families and our communities alike when people have renters alike. Each group used to receive roughly the
affordable choices about where to live.
same amount of benefits or incentives through
BENEFITS OF AFFORDABLE HOUSING different programs.
FOR FAMILIES: FOR COMMUNME&
But over time that assistance has become unbalanced.
The majority of federal assistance now goes to
homeowners through tax deductions for
r homeownership expenses, such as mortgage interest
and property taxes. The mortgage interest tax
HEALTH deduction alone is the largest housing subsidy in the
nation, giving homeowners about $77 billion dollars
in tax savings in 2016.
By comparison, in that same year the federal
government spent just a little more than half that
amount, $41 billion dollars, on programs that support
EDUCATIONlow-income renters. Despite a growing need, Congress
has cut these programs or left their budgets to stagnate
for decades.
The result is that each year the pool of available money
runs out far sooner than the need is met. Nationwide,
only one in four households that qualifies for housing
HOUSINGassistance receives it.
STABILITY4
!/►� u
ff1�� paying fmt for other Construction&
ratesjobisduring
�" / life.Sitk� ongoing Was
+ + Supply of affordable
ECONOMY
Housing,ri high
has a neutral or
doctors,and parks —rounding property
NEIGHBOP-
HOOD
QUALITY
'Scg.e;Tri A n N 'CemN/c•hou'nq prnr, --_,_--
'Entero,a.201r'IDe•c�•.a::
T. a.2076
In Oregon,93 percent of federal rental assistance supports seniors, Low-income families, the elderly, and people with
families with children,and people with disabilities. disabilities receive housing assistance primarily
through two different means. They may be able to rent
Distribution of federal rental assistance in Oregon 2016
to see ddlerent chartsan apartment with rent limits; or they may receive a
.
voucher that helps them bridge the gap between what
All v they can afford and the cost of apartments in the private
Elder) with children 10; market.
Y ..�Lu�',.. .:urru 5.
Adult with disability 27`a Waiting lists to get a regulated apartment or a voucher
are years long.
Elderly 36'-
In the tri-county area, nearly 11,500 individuals or
families are on the waiting lists for regulated housing.
That's more households than there are in the entire city
�' of Tualatin. People in dire circumstances may receive
r" priority, but most could expect to be waiting anywhere
from one to 14 years for an apartment. Imagine parents
with an infant having to wait until their child becomes a
teenager before they get any rental assistance.
5
In the three-county area, more than 6,000 families are
on wait lists for Section 8 vouchers. But with Housing Choice
insufficient federal funding for new Section 8 assittance in Oregon.
vouchers, Washington and Multnomah counties have ger
had to close their waitlists to new applicants all overbam in chart to see vakies.
Other
together.
Even households lucky enough to receive a voucher BOKPt,bliG_hQu�tlg
local housing agencres receive
may not be able to use it. Section 8 vouchers only funding to build operate or The average
make improvements to housing monthly HUD
cover rent for apartments up to a certain threshold; in 60Kspending per
some counties, up to 30 percent of the households .artment...... owners set
housing unit for
aside apartments for low- these three
that receive a voucher were unable to use them 40Knn,e refiners wdh s°peon programs was
because they were unable to secure an apartment
under that limit. 20KHous(nra Choice Vouchers or approxrmately
Qenant-based Section 81 X25 per
Renters recene vouchws that
they can use towards rent for an Person,in 2017.
This means low-income renters who should receive apartment°n the pnvate market
housing assistance end up seeking housing on the
-,w _201? 'Other piograrns'include 7021PRAC,811/MC,aod Mod
increasingly expensive private market. '6IBMIR not applicable for this year.Nurnbers have been rounded
4) Communities of color are shouldering too heavy of a burden
It should be possible for full-time workers to afford housing and still have enough money for basic essentials,
but the average renter in greater Portland today who works a full 40 hours a week doesn't make enough to
afford a modest studio apartment. Today about half of the region's renters spend more than 30 percent of their
income on rent, which squeezes their budgets for food and other basic essentials.
MAKING RENT
As the gap between rents and renter incomes widens.families across greater
Portland are struggling to find affordable places to live.
2 out of 5 househotds in Greater Porttand (n
rent their homes. I '
Rent(1-BR)vs renter incomes,2010-2016
(greater porttand) ® Average
Rents have risen far r.nt
faster than rertteri O0 •
r
past s 40
es over the /•
pas[several years. ,'m-, 20 •
] •� a
2010 2011 2012 2013 2014 2015 2016
Fair Market Monthly Incottw
Rent(HUD, needed to afford - •.
studio neawn renter
_._-___...__........................_..__....... _ ............. -....____.._.._._._........
6
........................................................................... .................................................................
1-BR i M"M—wage
........................................................................... .......•........................................................
2-BR Avenge Social .
Security
........................................................................... ............................................................
...
3-BR )» 450 Supplement
Security income
1)Teh e,ACS 20165-H0-2.)Renmrmrome'.ACS 20165V Ewa Table 825119 31 LEow Rem,LWob 1.811 a 2010-2016 5'.
HUD FY 2010.fp 4ahw Rene Daumenuroa Spurn;♦.)OR H-Wage Rum
ale Smwy 5A Average enrWa;Mn¢nt 2018 61
531 MaM�m.�m flgera:emWn;•Dr e�;bMEUI.018.AD Eau i!br Dorcw.p�Vancw.er�Mi.;5bur0 MA exaM[!p 2+uun DaR wYn'S
yr Daf:lertl ma>p mee
The condition is worse for working families and others
struggling to get by below the poverty line. Almost all renting families in poverty spend more than 30 percent of
their income on housing. About 60 percent spend more than half.
Due to significant income inequalities, families of color are more likely to spend more than 30 percent, and in
some cases even more than half, of their income on rent compared to white families. Black families are even
more vulnerable with about 40 percent of them spending more than half of their income on rent.
This is especially concerning because poor families who spend more than half of their income on rent are most
at risk of losing their homes. One unexpected event, such as a sick child, a car repair, or a rent increase, can be
the difference between being home—or being homeless.
More than 40,000 households in our region are one crisis away from an eviction, according to recent data from
the Comprehensive Housing Affordability Strategy.
5) A stable home is the foundation of children's success
Children deserve the opportunity to succeed in school and get a good start to their lives, but so much of that
opportunity depends on the foundation of a stable place to live.
Homelessness is a major disruption to a child's normal life, often causing them to change schools (sometimes
multiple times in a single year). Students lose about three months of reading and math learning or more each
time they switch schools, as well as important connections with friends, teachers and mentors.
Other overlapping factors like race, sexual orientation, or English proficiency compound the difficulties of
homelessness for a student, making it even harder for children to succeed in the school system—and harder to
break free of the cycle of poverty.
7
,• s ., . , More children are finding themselves homeless. Public schools in
greater Portland counted nearly 7,600 students who experienced
homelessness during the 2016-17 school year. That's enough
students to fill more than 100 school buses. Public schools track
students whose families are doubling up with friends or relatives
7,600 JA Stdnt ,ea ha:mrea and sleeping in motels—forms of homelessness that are not
nuoevio <ef�essat�Wm 2996 s11 shot_ reflected in the Point-in-Time counts.
during the 7016-17 sctaol rear
Homeless students 2012 vs 2017
Hidden homelessness Stability is important for the rest of the class, too: a study from
Mmt rtadems evperieMrg nmelessrcsa Chicago showed that high student turnover slows the pace of
arc npt sleepkg an���a.n s,ehte2
�, learning for the entire class, spending more time on review and
80% f rl Ct„cl , Mf�rn,^w„f,lnw setting average academic achievement behind by about one grade
are'c surfing orlWkg btedup level.
with Wend,or fangly •2012• 2017
�lgiSaiv�Ldi—mon,nachild sIlk wkingrthard tor n�„tofouson In addition to affecting our children's potential, homelessness
teaming.particularly when frequent farnity irowes resat[in changing schmis
drains our public resources. From law enforcement to sanitation
Homebe—K a stlesi/W diS ptlon In a mild,ilk making It hard for them to focus m crews to emergency shelter services to emergency room medical
learning-partkulady whw hequ famRy h—result In changing schools
treatment, millions of local tax dollars go towards treating the
symptoms of homelessness rather than addressing the cause.
By comparison, numerous studies show that programs with
4-yer NO sdwol greduetim rites housing and supportive services, such as Medicaid and
.^e..eare.ep.ewa eeaa � a, behavioral health support, cost taxpayers significantly less
:cweu exnrie.Irg hanetrsress Is
20 points lower money. A local study shows that, on average, a formerly
homeless person living in supportive housing at the Bud Clark
3x higher 20%:. 40%. 60% 60% 100% Commons in Portland sees an annual reduction of more than
cu n,dtoauOregon • Anstuaems . Honel $13,000 in annual Medicaid claims. These savings more than
compensate for housing costs at just $11,600 per year.
Data disclaimer: Use data with caution. All data sources have limitations in design, methods and analysis.
Sources used in the Regional Snapshot include the U.S. Census Bureau's American Community Survey and
American Housing Survey, PUMS data, CHAS data, homelessness Point-In-Time Counts, Oregon Department
of Education student homelessness data, and State of Oregon budget data.
Each of these sources has well-documented shortcomings,particularly undercounting and/or overgeneralizing
the experience of communities of color and other historically marginalized groups. Metro is currently working
with the Coalition of Communities of Color's Research Justice Center to improve racial equity practices in data
gathering, analysis and presentation in housing issues.
8
A Few Words on PERS, the
Budget and City Ballot Measure
BY ERIU/MMERMAN,ASSISTANT OTYMANAGER As the Budget Committee continues
Last week Oregon's Public Employee to deliberate over a reduced budget,the
Retirement System(PERS)got national voters of Tigard are also considering a
attention when a story about the escalating five-year operating and capital levy to
costs were highlighted in the New York maintain and enhance parks,library and
Times.PERS is a big topic around police services.Knowing that voters may
Oregon,but in Tigard,these issues are choose to maintain and enhance the
not driving the financial concerns. proposed program eliminations,the city
management team is prepared for both
The City of Tigard began the first round election outcomes and stands ready to help
of budget hearings,last week,and the the Budget Committee and the City Council
Budget Committee,comprised of an equal pass a budget that reflects the values of
number of residents and City Council Tigard and the outcome of Measure 34-283,
members,heard the proposed program while keeping the city financially sound.
eliminations from the city administration.
Of course,the topic of PERS was also on Additional budget hearings are scheduled
the mind of local decision makers,but on May 7,May 21 and,if needed,.May
things are a little different in Tigard. 28 at 6:30 p.m.in the Public Works
Auditorium,The public is welcome.
Most Tigard employees are not part of
the PERS system in Oregon—a decision Election Day is May 15.Remember to
that will save the city at least$1.33 million mail or drop off your completed ballot at
next year and$2.23 miliioft the following an official drop site ballot box by 8 p.m.on
year,using the most conservative estimates. election night.Washington County Elections
In fact,only the Tigard Police Department needs to have ballots in its possession by 8
is parr of PERS.Every time PERS increases p.m.on Election Day for them to count.
its rate,.the City of Tigard saves 70 percent
on retirement costs by offering a 401-type Tigard City Hall,at 13125 SW Hall Blvd.,
retirement compared to other cities. is an official drop site.Look the"VOTE"
signs directing you to the official ballot box.
Tigard has the second-lowest permanent
tax rate of all cities over 5,000 in Eric Zimmerman is Tiigard's Assistant City Manager.
population in Washington County.Our Before joining Tigard in 2017,he served as chief of
recent surveys show most community staff for Multnomah County,District 4 and,prior,
members are pleased with the Tigard way as a property appraiser for Multnomah County.
Zimmerman holds the rank of
of life—good parks,neighborhood events, major in the U.S.Army Corps
library programs for seniors and children of Engineers(Oregon Army
alike,and a local police department that National Guard).In addition
focuses on quality of life.With such a to his 10 years of public
of
low permanent rate,growth alone cannot service,he earned bachelores
P g science and master of business
maintain current services and the proposed administration degrees from the
budget reduces city expenses and services. University of Portland.
LOT Water Partnership Wins Industry Awards for Excellence in Engineering and
Concrete Construction
Last week, the Lake Oswego Tigard Water Partnership was recognized by two professional and industry
organizations for Excellence in Engineering and Excellence in Concrete Construction for the new 38-
million gallon water treatment plant. The awards were given by the Pacific Northwest Subsection of the
American Water Works Association (AWWA) and the Oregon Concrete &Aggregate Producers
Association (OCAPA), respectively.
The Excellence in Concrete award was presented during an OCAPA awards ceremony on April 27th in
Salem, Oregon. The Excellence in Concrete awards program began 38 years ago and continues today, as a
way to recognize projects that use concrete in extensive or innovative ways. The Partnership received the
award under the "best-of-utility" category, for construction of the new water treatment plant where more
than 18,950 cubic yards of structural concrete were placed.
The Excellence in Engineering award was presented on April 26`h at the Pacific Northwest Subsection
AWWA conference in Tacoma,Washington. The Partnership received the award under the "Best Large
Works Project" category, for the expansion of the new water treatment plant. The award recognizes
outstanding water projects implementing creativity and innovation in planning or design, overall cost
savings to the water using community, enhanced safety to the public and/or water resources, extended
asset service life and sustainability.
k
Partnership representatives accept the 2018 Excellence in Concrete Construction OCAPA award for the Lake Oswego-
Tigard Wlater Partnerships new water treatment plant.
Fgard Chief Looks Back on her First Year
In the next few months,McAlpine
will unveil the Department's long-term
strategic plan.This process gained
traction with a current state analysis of
crime statistics,employee interviews
7 and surveys,community surveys,police
response time data related to emergency
and non-emergency calls,national policing
trends and other factors.This process
will result in the strategic vision and
goals for the department that are aligned
with those of the City of Tigard and will
serve as a guide for decision making.
One of the challenges facing the
department is current staffing levels versus
increases in the demand for service,which
has resulted in some erosion of services.
"With a growing city,we have seen our
dispatched calls for service increase by
lip 16%over the last five years,"reveals j
Kathy McAlpine,Tigard Police Chief.
McAlpine.Officers are responding to
more calls related mental health crises
Chief McAlpine considers establishing strong and homelessness issues.During that same time,
connections to be key to her success as a leader emergency response times have increased 20%
of the Tigard Police Department.That is why from 5.18 to 6.23 minutes.Over the last ten years,
hosting the 1st Open House last June that drew the number of sworn officers has decreased from
over 600 people was important.In her initiA 74 to 72 positions.Officers pride themselves in
months on the job,she sat down with various the"mentality that no call is too small,"but are
community groups to assess the issues facing finding that unsustainable given the workload.
Tigard,determine what they valued and build
rapport.One productive conversation involved Currently the department is under a hiring
a dialogue between the Latino community, freeze contingent on the outcome of the May
faith-based organizations,the City Manager and election for the Tigard Levy,Measure 34-283.As a
Tigard Council."The meeting was insightful from result,the Department has not filled three
P officer
both sides,"says McAlpine.It was important for vacancies.If the levy fails,budget cuts spanning
her to convey the Department's commitment two years will be implemented starting July 2018,
to serving the entire community regardless of At that time,the Department will reassign officers
citizenship status,what to expect from the police from specialty units including the School Resource
and assure them that officers are here to help. Officer program and the Traffic Safety Unit to
patrol to focus on emergency response,the core
Reflecting on her year,she is proud of her service of the department.In year two,additional
relationship with officers and department police department staffing cuts will occur.
employees,highlighting a positive and
productive relationship with the police union. Despite the challenges,Chief McAlpine
"I intentionally spent time one-on-one with the is honored to work alongside so many
officers trying to understand what they value, dedicated and caring officers and staff
their concerns,the challenges they perceive members.She is also grateful for the support
in their job and how we can move forward of the community,which she doesn't take
and break down some of those barriers." for granted."It's been an amazing year!"
own* .0
gandfe® ;
i
Tigard Library Recognizes Volunteers
BY KATHERINENELSON,T16ARDLIBRARY VOLUNTEER COORDINATOR
To learn more about how you can volunteer,
The Tigard Public Library celebrates volunteers visit www. ard-OIYtIte"
every week. Last month,they turned it up R11119rt1IIIIIH 0:.0h0 or contact Katherine
a notch in recognition of National Volunteer Nelson at K8ftdn9MI98rd-Or.00Y.
Week.Volunteers help the library in a variety of
ways,including filling patron material requests,
shelving books,books on CD,DVDs and CM, ,� 4
helping with craft preparations for youth services
programs,as well as one-on-one tech help for ,
patrons and supporting community events.
These volunteers often work behind the } f
scenes.Tigard Public Library welcomes over
340 volunteers annually,with 220 regular
volunteers.Volunteers range between the ages
of 12 and 93 and on average volunteer between
two and six hours per week.The contribute St the Library's Volunteer Recognition event,Richard
P Y Stammer accepts his award from Mayor John Cook
1,400 hours of their time and talents each and City Manager Marty Wine,recognizing his 6,500
month.Yearly,library volunteers provide over hours of volunteer service.Stammer has volunteered
16,000 hours of service to the community. at the library for 11 years.
This is just a small representation of what
library volunteers provide to the library and
the community.Volunteerism runs deep * icy
Tigard's roots,and the library is incredibly
thankful for all the help volunteers provide. ,.
At the end of National Volunteer Week,the
library hosted a Volunteer Recognition event
for library volunteers,treating them to an
evening of fun and entertainment.The library
also recognized 30 volunteers who have Breezy Huntley received an award for 5 Years of
reached various milestones in their volunteer Service!She and her owner volunteer for the library's
careers.Thank you library volunteers! Dogs and Tales Program.
MAY • 8 = Tigan
2
Adonft
Y'r
Tigard Police Department
NEWS BRIEFS:0 W
BY STEFANIEKOUREMETIS,COMMUNITYENGAGEMENT PROGRAM COORDINATOR
Tigard Police 2nd Annual Open House June 16th
If you want to learn more about the l Oam-2pm at 13125 SW Hall Blvd.
Tigard Police Department and check out
our facility,join us at our 2nd Annual We are looking forward to connecting
Open House on Saturday,June 16th from with our neighbors,answering questions and
z showing the community what we do.Some
► highlights of this family-friendly event:
• Guided tours of the facility
• Police vehicle displays
• Equipment demonstrations
+ r • Motorcycle skills presentations
L Y-
"1 f F • Ice cream
• K-9 visits and much more!
The Open House is being held on the
same day as Taste of Tigard,so make it a
fun-filled day by attending both events!
Safety Academy Trains Adults with Disabilities
During a role play on a Trimet bus,Kevin was
firm in his resolve not to allow an instructor—
pretending to be a stranger—use his cell phone. y
After the"stranger"continued badgering him '
for the phone,Kevin followed Sergeant Prater's
advice and asked the bus driver for help.
r
This is just one of the exercises that is practiced
at the Safety Academy for adults with disabilities.
During this free,four evening academy,attendees
learn crime prevention and personal safety skills
that they can use while out in the community.
The program also allows them to become familiar
and more comfortable with police officers.
Sergeant Prater conducting a Safety Academy exercise.
During the first class,Tigard Police The Safety Academy was established over
-partment's Sergeant Prater,Officers Whitham two years ago because adults with disabilities
d Rinell led an interactive session on personal are often overlooked when it comes to public
.ety including teaching students strategies safety needs and tend to be more vulnerable to
ten riding public transportation.Part of the crime and exploitation.The program is hosted
struction was conducted aboard a Trimet bus. by the Westside Crime Prevention Coalition
:rween the training and role plays,participants that is comprised of the Washington County
monstrated that they were absorbing the Sheriff's Office and Beaverton,Hillsboro and
aterial and,better yet,appeared to be having fun. Tigard and Forest Grove Police departments.
d L201ife& MAY�:
- ------
City of Tigard Launches
Slow Your Roll Campaign
BY LAUREN SCOTT,COMMUNITYENWEMENT,CITY OFT16ARD
Slow Your Roll is a neighbor-driven
pledge campaign that asks drivers to reduce
their speeds on Tigard streets.The program,
a brainchild of the city's Pedestrian and
Bicyclist Subcommittee,started as a vision of
a city where everyone—drivers,pedestrians
and bicyclists—could get around safely. SLOW
We had been noticing an alarming trend YOUR
^ /+�ofpeople speeding in Tigard,especially 'R(`,./)at rush hour and during the commute
to-and-from schools,"said Alan Eckert, - -' �''� �'� � � � � '�' �PLEDGE�� "� � ����-
Pedestrian and Bicyclist Subcommittee M A K E� THE E
Chair."I became worried about the
walkability,livability and safety of our city."
and during the rush hour commute.
Speeding traffic is one ofTigard's biggest
challenges and a critical factor in road crashes "We are asking drivers to practice
and casualties.There is a 10 percent risk of common sense driving.Consider the
severe injury for a pedestrian struck at an conditions you are driving in,use good
impact speed of 16 mph.At 31 mph that judgement,drive courteously and treat others
risk soars to 50 percent.Lower speeds save with respect. Alan Eckert,Pedestrian
lives by reducing traffic fatalities and serious and Bicyclist Subcommittee Chair.
injuries.Even if a crash does occur,the
consequences will be less severe if it involves Self-policing neighborhoods are
a pedestrian,cyclist or motorcyclist. the best bets for lasting change.
The Tigard Police Department has been You can visit www.tInard-or.goyl
paying special attention to reducing speeding common and make the pledge online.
on city streets however,with 22 miles of Pledge cards,bumper stickers and more
roadway for every Tigard police officer on Slow Your Roll swag is also available
patrol it has not been an easy assignment. at Tigard City Hall and the Library.
The Slow Your Roll campaign empowers The Slow Your Roll campaign builds on
neighbors to take matters into their own Tigard's Safe Routes to Schools 20 is Plenty
hands. Reducing your speed on city initiative which also reminds drivers to slow
streets will cause others to slow down as down in school neighborhoods.20 is Plenty signs
well.Making the commitment to slow are also available at the Tigard Permit Center.
down will help Tigard become a friendlier,
more walkable and healthier city. i
For the month of May the Pedestrian
and Bicyclist Subcommittee is asking theLauren Scott is the Community
cl' g � Engagement Coordinator at City
public to sign pledges to stay within the of Tigard and graduate of Oregon
speed limit,and drive below the speed limit State University.You can reach
in neighborhoods particularly around schools her at Lauren$Ptigard-or oov.
4/29/18 Final Exhibit A to Resolution
DEVELOPMENT AND DISPOSITION AGREEMENT
AMONG: Town Center Development Agency of the City of Tigard,Oregon("TCDA'),
an Oregon Chapter 457 urban renewal agency
AND: Ava Tigard Development,LLC,an Oregon limited liability company("Ava"
or"Developer")
("TCDA"and "Developer"are referred to herein as"Party"or collectively,as
"Parties")
RECITALS
A. Pursuant to the Charter of the City of Tigard("City"), Tigard Municipal Code 2-
64 and ORS Chapter 457,the City adopted the City Center Urban Renewal Plan on
November 22,2005,by Ordinance No. 05-17 (including all amendments thereto,the"UR Plan").
The UR Plan establishes an urban renewal area("UR Area")within which the TCDA will focus
efforts to encourage private development,cure blight, and enhance economic development
opportunities.
B. On April 24,2007,by Ordinance No. 07-07,the City Council adopted the
Downtown chapter as a Special Planning Area of the Tigard Comprehensive Plan.TCDA is
responsible for coordinating and guiding development of the Downtown Special Planning Area
on behalf of the City in accordance with the vision and goals of the City Center Urban Renewal
Plan.
C. The property that is the subject of this Agreement is located at 12533-12537
SW Main St.,Tigard, Oregon and is described in the attached and incorporated Exhibit A(the
"Property").
D. TCDA obtained a$400,000 EPA grant for environmental cleanup on the Property.
TCDA has completed the work necessary to obtain a Certification of Completion and to deliver
the Property at Closing in compliance with Consent Judgment C 152218CV entered into with the
Department of Environmental Quality("DEQ")filed on May 29,2015 (the"Consent
Judgment"), subject to recording of an Easement and Equitable Servitude(the"EES")pursuant
to the Certificate of Completion including institutional controls.
E. TCDA agrees that after Closing, Developer shall have the right to modify or
approve the design or the scope of any institutional controls required by DEQ so long as such
modifications are acceptable to DEQ.Any TCDA approvals will not be unreasonably withheld.
F. TCDA issued a request for letters of interest for development of the Property on or
about February 8,2017. On February 27,2017,Developer submitted a letter of interest outlining
its plan for acquisition and redevelopment of the Property and proposing development of a four-
story mixed-use building. On March 21,2017 the TCDA interview panel consisting of
community stakeholders met in a public meeting to review the letter of interest and interview
Page 1 -Development and Disposition Agreement-Ava Roasteria
4/29/18 Final Exhibit A to Resolution
Developer's representatives. The panel unanimously recommended that the TCDA seek to
negotiate a development agreement with Developer, subject to City Council approval.
G. ORS 457.170 authorizes TCDA to convey real property in accordance with the
City Center Urban Renewal Plan where such real property is not needed for public use and when
the public interest will be served. TCDA has entered into this Agreement with the expectation
that the Project will achieve the public goals desired for the Property, act as a catalyst for
development in the UR Area, and fully capitalize the public investments.
H. The purpose of this Agreement is to memorialize the Parties' understanding of their
respective roles and commitments in the development of the Property, including a strategy for
assuring that private development projects achieve financial feasibility.
NOW,THEREFORE, in consideration of the mutual covenants contained in this
Agreement,the Parties agree as follows:
AGREEMENT
SECTION 1. DEFINED TERMS
Capitalized words that are not the first word of a sentence, are defined terms. A defined term has
the meaning given it when it is first defined in this Agreement. Defined terms may be used
together, and the combined defined term has the meaning of the combined defined terms. A
defined term that is a noun may be used in its verb or adjective form and vice-versa. Defined
terms may be used in the singular or the plural.Unless provided otherwise,"TCDA"includes its
officers, employees and agents and"Developer"includes its officers, employees and agents. The
Recitals are incorporated into this Agreement by this reference.
SECTION 2. DESCRIPTION OF THE PROJECT
2.1 The Project. The"Project" is a mixed use,multi-family residential and retail
development as shown in the"Concept Design"attached as Exhibit B (the"Concept Design").
The first floor above the parking floor will include retail space,likely consisting of 7,000 sq. ft.
devoted to retail use and with a minimum of 1,000 sq. ft. of publicly accessible outside seating
facing Fanno Creek. The second,third,fourth,and possibly fifth floors above the parking floor
will consist of up to 17 dwellings. The materials, fit,finish, and overall construction quality of
the commercial/retail portions will be substantially comparable to or exceed the quality
demonstrated in the Ava Roasteria—Beaverton facility constructed by Developer.The Parties
acknowledge that the Project description and Concept Design are subject to modification,
refinement and final approval by TCDA as provided for in this Agreement.
2.2 Vertical Housing Tax Credit. The Project may be eligible for the grant of a partial
property tax exemption pursuant to the Oregon Vertical Housing Development Program.
Developer intends to design and construct the Project to qualify as provided in ORS 285C.450 to
285C.480 and applicable administrative rules.
Page 2—Development and Disposition Agreement—Ava Roasteria
4/29/18 Final Exhibit A to Resolution
SECTION 3. CONVEYANCE
3.1 Deed.
Upon satisfaction of the Conditions Precedent to Closing set forth in Section 3.6, and payment of
the amount set forth in Section 3.2,TCDA agrees to convey the Property to Developer by
statutory warrant),deed(the"Deed"),free and clear of all encumbrances,except Final Permitted
Exceptions as described in Section 3.4("Conveyance").
3.2 Consideration and Earnest Money.
3.2.1 The monetary consideration for the Conveyance of the Property by TCDA to
Purchase Price is the fair
Developer is$390,000( Purchase Price").The Parties agree that the urcale
market value of the Property given the restrictions and obligations imposed on development
under this Agreement and that the terms of this Agreement constitute additional consideration.
3.2.2 Within five(5)days after the Effective Date of this Agreement,Developer will
deposit with Escrow Agent(as defined below)earnest money in the amount of$30,000, $15,000
of which is non-refundable except for breach by TCDA(the"Earnest Money"). The entire
Earnest Money shall be credited against the Purchase Price at Closing.
3.2.3 Developer shall pay to TCDA the remaining balance of the Purchase Price at
Closing.
3.3 Closinu.
Subject to the terms,covenants,and conditions of this Agreement,the Conveyance of the
Property to Developer will occur in an escrow closing at the local offices of First American Title
Insurance Company chosen by Developer, (the"Escrow Agent")not later than the date that is 12
months from the Effective Date, unless extended by agreement of the Parties. A reasonable
extension of the Closing date, not to exceed 90 days,will be granted provided that the Party
requesting the extension has proceeded diligently and in good faith to comply with the Project
Schedule provided for in set forth in Exhibit`C' and to satisfy the Conditions Precedent to
Closing and the request is not the result of unreasonable delay. Extensions beyond that date shall
be by agreement of the Parties within each Party's sole discretion. ("Closing").
3.4 Title Review.
3.4.1 Within thirty(30)days after TCDA records the EES required pursuant to the
Certificate of Completion,TCDA will cause the Escrow Agent to deliver to Developer a
preliminary title report on the Property and copies of all exception documents(the"Title
Report"). Developer will have thirty(30)days after receiving the Title Report to notify TCDA if
Developer objects to any item in the Title Report other than the EES.Those items to which
Developer does not object are the"Permitted Exceptions". If Developer objects to any item,
TCDA will have thirty(30)days after receiving Developer's objection to notify Developer of its
intention to remove or not remove the objected to exceptions to title prior to Closing. If TCDA
does not give its response to Developer's objections within the thirty(30)day period or if TCDA
refuses to remove any such objected to exceptions,Developer will have thirty(30)days to
Page 3—Development and Disposition Agreement—Ava Roasteria
4/29/18 Final Exhibit A to Resolution
terminate this Agreement. If this Agreement is not terminated in accordance with the preceding
sentence,the Permitted Exceptions together with the exceptions,if any,that Developer originally
objected to and that TCDA refused to remove or failed to respond to will be deemed the "Final
Permitted Exceptions".TCDA will not cause any additional exceptions to be recorded against the
Property except those reasonably necessary to fulfill TCDA's obligations under the Consent
Judgment without the written consent of Developer,which consent may be withheld in its sole
discretion. TCDA promptly will notify Developer of any such additional exceptions recorded by
TCDA and any third-party exceptions known by TCDA to have been recorded against the
Property.
3.4.2 Developer may obtain an update to the Title Report at any time prior to the
Closing. Developer will promptly give to TCDA a copy of any updated Title Report. Developer
will notify TCDA of any objections to the exceptions to title that appear on the updated,Title
Report. Developer may not object to Permitted Exceptions as defined in Section 3.4.1. Within
thirty(30)days of Developer's notice to TCDA described in the preceding sentence,TCDA will
notify Developer of its intention to remove or not remove the objected to exceptions to title prior
to Closing;provided,however,TCDA must remove any additional exception not consented to by
Developer that is caused by TCDA. If TCDA refuses to remove any such objected to exceptions,
Developer will have thirty(30)days to terminate this Agreement by notice to TCDA, or Close
subject to same.Any additional exceptions that Developer accepts at Closing,together with the
previous Permitted Exceptions,are the"Final Permitted Exceptions". The Closing date will
automatically be extended to the extent necessary to accommodate a notice of objection from
Developer that is less than thirty(30) days prior to the Closing date.
3.5 Title Insurance, Survey,Property Taxes and Closing.
3.5.1 TCDA,at its expense,will provide Developer with a standard coverage Owner's
Policy of Title Insurance, issued by Escrow Agent, and covering the Property when conveyed,
and insuring Developer in the amount of the Purchase Price free and clear of encumbrances,
except Final Permitted Exceptions. Developer, at its option and expense,may elect to obtain
extended owner's coverage under such policy of title insurance with or without an ALTA
Survey, and TCDA agrees to execute any affidavits or other documents reasonably required by
the Escrow Agent to enable Developer to obtain such coverage. Developer may also elect to
obtain a survey at its own expense.
3.5.2 The costs for recording the Deed and any other documents required by Developer
to be recorded will be paid by Developer.Each Party will pay one-half(1/2)of any escrow fees
charged by Escrow Agent. TCDA will pay any Washington County Transfer Tax.All other
Closing costs,if any,will be allocated in accordance with the customary practice in Washington
County. TCDA will pay only the annual payments due through Closing for any special
assessments that have been paid in annual installments. Developer will assume liability for
payment of any annual payments due after Closing for any special assessments that have been
paid in annual installments.TCDA will pay any property taxes accruing to the Property resulting,
from transfer of the Property from public ownership,and therefore the change of the Property's
status from tax exempt to taxable. Developer will pay property taxes levied on the Property from
and after Closing.
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3.6 Conditions Precedent to Closing. Developer and TCDA are not obligated to close the
Conveyance unless the following conditions are satisfied to their reasonable satisfaction.Unless
expressly provided otherwise,the Party benefited by a particular condition will not unreasonably
withhold, condition,or delay acknowledgment that the condition has been satisfied and such
Party may waive the condition in its sole discretion,provided such waiver will be in writing to
the other Parry to be effective.The Parties will act diligently and in good faith to satisfy
conditions over which they have control or influence.
3.6.1 To the satisfaction of both TCDA and Developer:
(a) The Parties have agreed on a Project Schedule and Project Plan. The
Project Schedule shall be agreed on within 30 days of execution of this Agreement as provided in
Section 6.1. Within 90 days of the Effective Date,Developer will prepare and submit to TCDA a
draft Project Plan with sufficient detail to demonstrate compliance with the UR Plan,this
Agreement and the Consent Judgment.TCDA staff will provide comments within 20 days of
receipt of the draft Project Plan from Developer. Staff and Developer will work together
reasonably and in good faith to reach agreement on a final draft Project Plan.Within thirty(30)
days of such agreement, TCDA will conduct a public open house with the attendance and
cooperation of Developer. After the open house,TCDA staff and Developer will have thirty(30)
days to consider and incorporate public comments into any revisions reasonably determined by
the Parties to be appropriate.TCDA staff will submit the final draft Project Plan,including any
revisions and unresolved issues,to the TCDA Board for its review within forty-five(45)days of
the open house.The TCDA Board will accept,reject or propose modifications and other
comments within forty-five(45)days after receiving the final draft Project Plan. The TCDA
Board's final decision will be at its complete discretion. Failure of the TCDA Board to respond
by the due date will constitute acceptance.TCDA staff will not unreasonably withhold a
recommendation that the Board approve the final draft Project Plan. Developer will have
thirty(30)days from the date of TCDA Board action to notify TCDA that it accepts,rejects or
proposes further modifications to the final draft Project Plan.Any substantial further
modifications other than those reasonably necessary to conform to the TCDA Board's decision
will be subject to review and approval by the TCDA Board in its complete discretion.TCDA
may deem a failure to timely respond as a rejection. The draft Project Plan approved by the
TCDA Board and Developer is referred to in this Agreement as the Final Project Plan.Developer
acknowledges that approval of the Final Project Plan as provided for in this paragraph is not a
determination that the Final Project Plan conforms to the Tigard Development Code and that
Developer must obtain all land use approvals as provided below.
(b) Developer has obtained any final land use approvals and permits for the
Project required by the Code of the City of Tigard."Final land use approval"will mean that the
appeal period(s) for such approval has passed without an appeal being filed; or if an appeal is
filed,it satisfactorily has been resolved including issuance of a final approval on remand and
resolution of any appeal therefrom.Notwithstanding any other provision, either Party may
terminate this Agreement as provided in Section 3.7 if the Party determines in its reasonable
judgment that the terms or conditions of the"final land use approval"are materially inconsistent
with this Agreement.
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(c) TCDA has obtained a Certificate of Completion from DEQ and a
satisfaction of judgment in C152218CV.The parties have agreed to the terms of a DEQ access
agreement.
(d) The Parties have executed and TCDA has delivered to DEQ a Notice of
Transfer of Property and Assignment and Acceptance of Prospective Purchaser Agreement(DEQ
Prospective Purchaser Agreement No. 14-05 (the"PPA")and the Consent Judgment(Certificate
of Completion.
(e) The final construction plans for construction, including,plans and
specifications for the Project,have been approved by all required governmental entities and
agencies and those agencies,including the City of Tigard,have issued or are ready to issue all
permits, including building permits,required to construct the Project, subject only to Developer's
ownership of the Property.
(f) 'The Parties have agreed to the final form of the Deed and any other
conveyancing documents necessary to close the Conveyance.
(g) No litigation is pending that presents a substantial risk that TCDA or
Developer will be precluded from performing their respective obligations under this Agreement.
(h) TCDA has obtained a lot line adjustment or partition approval establishing
the parcel constituting the Property and a parcel consisting of the non-buildable area adjacent to
Fanno Creek.
3.6.2 To Developer's satisfaction:
(a) TCDA has title to the Property subject only to the Final Permitted
Exceptions.
(b) Escrow Agent has issued to Developer a binding commitment to issue to
Developer an extended coverage Owner's Title Insurance Policy without an ALTA survey
covering the Property in an amount not less than the Market Valuation, subject only to the Final
Permitted Exceptions.
(c) TCDA's representations and warranties set forth in this Agreement are true
and correct as of the Closing.
(d) TCDA is not in breach of this Agreement.
(e) No material adverse change in the physical or legal condition of the
Property has occurred.
(f) All commitments between Developer and other parties contemplated for
Project financing are in effect.
(g) Developer has obtained a waiver or other form of written confirmation from
the Oregon Bureau of Labor and Industries in form and substance as Developer reasonably
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requires that confirms, among other things,that there is no obligation for Developer to pay
prevailing wages in connection with the development of the Project. TCDA will cooperate with
Developer in obtaining such determination.
(h) Receipt of an environmental insurance policy(payment of the premium for
which will be a Developer obligation)in form and substance as Developer reasonably requires
with respect to the environmental condition of the Property.
(i) Developer is satisfied that it has had an adequate opportunity to inspect and
evaluate the Property,to conduct its due diligence and is fully satisfied with its knowledge,
information and understanding of the Property conditions and suitability including but not limited
to legal, environmental,geotechnical and other conditions.
6) Developer has received confirmation of prospective certification of
eligibility for the Vertical Housing Development Zone partial tax abatement program.
3.6.3 To TCDA's satisfaction:
(a) Developer's representations and warranties set forth in this Section are true
and correct as of the Closing.
(b) Developer is not in breach of this Agreement.
(c) Developer has demonstrated financial feasibility for the Project to the
reasonable satisfaction of TCDA by providing to TCDA:
(i)within six(6)months of the Effective Date,a financing plan
demonstrating that it is feasible for Developer to finance construction of
the Project,including but not limited to equity contributions,funds from
lenders evidenced by copies of nonbinding term sheets and similar
documentation regarding other financing;
(ii)prior to Closing,copies of binding commitment letters from lenders for
the construction financing for the Project, written evidence of necessary
equity commitments, commitments from public funding sources,
including the approval by the TCDA,if necessary, subject to standard
underwriting practices,for the construction of the Project, a pro forma
financial statement including estimated return on investment,and such
other documentation or assurances as may be reasonably required by
TCDA.
3.7 Elections upon Non-Occurrence of Conditions.
Except as provided below, if any condition in this Section 3 is not fulfilled to the reasonable
satisfaction of the benefited Party or Parties on the date scheduled for Closing then such
benefited Party or Parties may elect to:
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3.7.1 Terminate this Agreement by written notice to the other Party,which termination
will become effective fifteen(15) days after the notice of termination is sent("Termination
Date")unless,before the fifteen (15)day period ends, such condition is fulfilled to the
satisfaction of the benefited Party or Parties;
3.7.2 Waive in writing the benefit of that condition precedent to Closing and proceed
in accordance with the terms hereof;or
3.7.3 Designate in writing a later date for Closing, to allow additional time for the
condition to be fulfilled, if the condition can be fulfilled and the other Party agrees in writing to
the later date.
3.8 Effect of Termination for Failure of Conditions Precedent.
If this Agreement is terminated for failure to fulfill the Conditions Precedent to Closing and
neither Party is in breach,then all rights and obligations of the Parties under this Agreement will
terminate other than the obligation to cooperate in preparing,executing and recording such
documents as may be necessary or desirable to reflect the termination of this Agreement. Within
10 days of such termination,TCDA will instruct the Escrow Agent to return the Earnest Money,
less the non-refundable portion. If a Party is in breach on the termination date,then the rights and
remedies accruing to the other Party under this Agreement resulting from of such breach will
survive termination of this Agreement.
3.9 Property Sold As-Is.
3.9.1 Developer and its affiliates are sophisticated purchasers,developers,operators and
managers of real estate and real estate projects. Except for the representations expressly made by
TCDA in this Agreement and in the conveyancing documents executed by TCDA at Closing,
non-exercise of Developer's termination rights under this Agreement constitutes Developer's
agreement that: (i)the Property will be conveyed to Developer"AS IS WITH ALL FAULTS",
(ii)TCDA makes no warranties or representations as to the suitability of the Property for any
particular use or for soil or environmental conditions or any other conditions of the Property for
any improvements constructed by Developer or for any use,(iii)Developer has not relied on any
representations or warranties outside the express terms of this Agreement,made by TCDA as to
the environmental condition of the Property,the suitability of the soil conditions or any of the
conditions of the Property and(iv)except as provided in Section 3.9.3 Developer expressly
waives and releases TCDA,and TCDA will not be liable for any loss,cost or damage which may
be caused or incurred by Developer by reason of any such soil,environmental or physical
conditions of the Property. Further,TCDA has allowed Developer free access to TCDA's records
with respect to the condition of the Property and has allowed Developer access to the Property
for inspection and testing by Developer,to Developer's complete satisfaction.TCDA makes no
representations or warranties whatsoever regarding the completeness,accuracy or reliability of
such records.TCDA will assist in obtaining the cooperation of other public and private agencies
having such information upon request by Developer.
3.9.2 Except as provided in Section 3.9.3, Developer for itself and any entity affiliated
with Developer,its successors and assigns,waives and releases TCDA from and against any
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liability or claim related to the Property arising under the Comprehensive Environmental
Response,Compensation and Liability Act of 1980,as amended(42 USC Section 9601 et seq.)
("CERCLA"),the Resource Conservation and Recovery Act of 1976 (42 USC Section 6901 et
seq.)("RCRA"),the Clean Water Act(33 USC Section 1251, et seq.), the Clean Water Act(33
USC § 1251,et seq.),the Clean Air Act(42 USC 7401 et seq.),the Safe Drinking Water Act(42
USC § 300f,et seq.),the Hazardous Materials Transportation Act(49 USC Section 1801, et seq.)
and the Toxic Substances Control Act(15 USC §2601,et seq.)or any other federal,state,local
or administrative agency ordinance,law,rule,regulation,order or requirement relating to
environmental conditions or hazardous material(the`Environmental Laws"). For the purposes
hereof,"Hazardous Material"will mean any substance,chemical,waste or other material which
is listed,defined or otherwise identified as"hazardous"or"toxic"under any federal,state, local
or administrative agency ordinance or law,including,without limitation,CERCLA and RCRA or
any regulation,order, rule or requirement adopted thereunder, as well as any formaldehyde,urea,
polychlorinated biphenyls, petroleum,petroleum product or by-product,crude oil,natural gas,
natural gas liquids,liquefied natural gas,or synthetic gas usable for fuel or mixture thereof,
radon, asbestos,and"source","special nuclear"and"by-product"material as defined in the
Atomic Energy Act of 1985,42 USC §§3011, et seq. (the"Environmental Laws")
3.9.3 TCDA will reimburse 50/ of Developer s actual of remediating Unforeseen
Environmental Conditions on the Property,not to exceed$100,000. An"Unforeseen
Environmental Condition" is one that was not caused directly or indirectly by the negligence of
the Developer and is required to achieve minimum compliance with the Environmental Laws. It
does not include: the cost of Developer's normal and customary due diligence activities including
testing and evaluation of the Property;the cost of compliance with,remediation or institutional
controls contemplated in the Consent Judgment;Certificate of Completion or EES; remediation
or amenities in excess of that required to obtain minimum compliance with Environmental Laws;
site conditions other than environmental;Developer's internal costs,outside counsel fees,
penalties assessed against Developer by DEQ or other environmental regulatory agency,costs of
delay including loan or lost profit. Developer will notify TCDA immediately upon discovery of
an Unforeseen Environmental Condition and TCDA will not be responsible for any costs
incurred by Developer prior to such notice except for an exigent circumstance requiring
immediate response. The Parties promptly will meet to evaluate the Unforeseen Condition and
agree on a cost-effective response and remediation. Developer will share with TCDA all
information obtained by Developer regarding the Unforeseen Environmental Condition and
remediation options and hereby grants to TCDA a license to enter onto the Property as
reasonably necessary to evaluate the Unforeseen Environmental Condition and remediation.
Developer is solely responsible for obtaining and complying with all required approvals and
permits and for conducting the remediation at its sole expense except for TCDA's contribution.
TCDA's contribution is secondary to environmental insurance proceeds obtained by Developer
but applies to the amount paid by Developer within any deductible. Any amounts recovered by
Developer from third-parties, including its consultants or contractors,will be applied to TCDA's
contribution on a 50%basis.TCDA will provide staff assistance to help evaluate the Unforeseen
Condition and remediation alternatives,to assist developer in identifying alternative sources of
funding(other than TCDA or the City of Tigard)and in securing permits and approvals. TCDA
may provide its reimbursement in the form of cash,a credit against the remaining purchase price
or a combination. If TCDA and Developer are unable to resolve a dispute regarding remediation
or reimbursement the issues will be submitted to Dispute Resolution.The Parties recognize that
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any such dispute must be resolved expeditiously.3.9.4 The provisions of this Section will survive
indefinitely Closing or termination of this Agreement,except that TCDA's obligation under
Section 3.9.3 terminates upon Substantial Completion of the Project for claims not made by
Developer prior to Substantial Completion.
SECTION 4. POST-CLOSING OBLIGATIONS
4.1 Development.
Except as otherwise provided for in this Agreement, Developer will, at its own cost,design,
construct and complete the Project without additional public funding participation,except for tax
abatement programs generally available to similar projects within Downtown Tigard.Developer
will comply with the EES in accordance with the Certificate of Completion.Developer will use
commercially reasonable efforts to begin and to complete development of the Project as set forth
in the Project Plan, Project Schedule and Construction Schedule,subject to the terms of this
Agreement.
TCDA is not the developer of the Project.This Agreement is not intended to be a contract
providing for construction by TCDA either directly or through a contractor.Developer is solely
responsible for selecting a construction contractor and the rights and responsibilities of
Developer,the general construction contractor and any construction subcontractors will be
provided for in a construction contract to which TCDA is not a party.
4.2 Compliance with Approvals.
All development will conform in all material respects to the Project Plan approved by TCDA
(subject to such modifications as are approved by TCDA pursuant to the provisions of this
Agreement),City development approvals and all applicable laws. If TCDA and Developer are
unable to resolve a dispute regarding whether construction complies in all material respects with
the approval by TCDA, including the quality of construction and materials,it will be submitted
to Dispute Resolution. The Parties recognize that any such dispute must be resolved
expeditiously.
4.3 Resources.
Each Parry will commit resources as it determines in its business judgment is commercially
reasonable to meet the deadlines in the Project Schedule set forth in Section 6, as amended.
4.4 Liens.
From and after the date Developer acquires title to the Property until the date the construction of
the Project is substantially completed (the"Construction Period"),Developer will keep the
property free clear of liens and encumbrances other than those related to financing and
construction of the Project as determined in Developer's reasonable exercise of commercial
judgment. In no event will Developer use the Property during the Construction Period as
collateral for,or cause or permit it to be encumbered by,any obligation or potential obligation of
Developer unrelated to the Project and Developer will promptly inform TCDA if any such lien or
encumbrance is placed on the Property.
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4.5 Survival.
The provisions of this Section 4 will survive Closing.
SECTION 5. PROPERTY INSPECTION AND ACCESS
5.1 Before Conveyance of Property.
Before conveying the Property to Developer,TCDA will allow Developer to enter upon the
Property, at all reasonable times whenever and to the extent necessary to conduct reasonable
inspections and testing and to carry out the purposes of this Agreement. Developer will save,
hold harmless and indemnify City, its officer's employees and agents against any claims arising
from such access except to the extent such claims arise out of the negligence, gross negligence or
willful misconduct of City;provided, further,that in no event will Developer be required to
indemnify TCDA for such claims with respect to any conditions existing on,under or within the
Property that existed prior to the Closing of the purchase of the Property by Developer.
5.2 After Conveyance of Property.
After conveying the Property and until a temporary or final Certificate of Occupancy is issued,
TCDA will,upon reasonable notice,be permitted access to evaluate conformance with the terms
of this Agreement.TCDA agrees not to interfere with the work occurring on the Property.
TCDA employees will enter the Property at their own risk and will comply with all construction
site rules established by Developer and Developer's contractor. In addition, TCDA will not be
entitled to indemnification for any losses,liability or injury arising in connection with entry to
the Property pursuant to this Section,except to the extent the same arises out of the negligence,
gross negligence or willful misconduct of Developer or its contractor.This provision will survive
Closing.
SECTION 6. PROJECT AND CONSTRUCTION SCHEDULES
6.1 Project Schedule. Within 30 days of execution of this Agreement,the Parties will agree
to a schedule of pre-construction activities attached,which agreed on schedule will be
incorporated into this Agreement by reference.Each Party will employ diligent,good faith efforts
to meet the milestone dates set forth therein and to keep the other Party informed of progress
toward completion of milestones.
6.2 Construction Schedule.
6.2.1 At least sixty(60)days prior to the date for commencing construction set forth in
the Project Schedule, Developer shall a provide a construction schedule(the"Construction
Schedule")to TCDA that conforms to the Project Schedule and deadlines established in this
Agreement. TCDA may provide comments on the construction Schedule,which Developer will
consider in good faith.
6.2.2 Developer will commence construction on or before the date set forth in the Project
Schedule but no later than twelve(12)months after Closing.For purposes of this section,
"Commence Construction Date"means the date that Developer has entered into a binding
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contract providing for construction of the Project to start,the contractor has mobilized equipment
and labor on the Property or at an appropriate staging area and has commenced significant
physical alteration of the Property such as excavation or grading.
6.3 Substantial Completion.
Subject to force majeure events or the discovery of previously unknown environmental
conditions related to conditions or contamination existing on the Property prior to the Closing or
conveyance of the Property to Developer,Developer will achieve Substantial Completion of the
Project on or before the date specified in the Construction Schedule but no later than two(2)
years after Closing. For purposes of this section,"Substantial Completion"will mean that the
Project is sufficiently complete that the Developer obtains a temporary certificate of occupancy
or certificate of occupancy,whichever first occurs.
6.4 Schedule Changes.
Each Party shall provide the other with prompt notice if the Party determines that completion of a
milestone may be delayed beyond the date set forth in the Project Schedule, including a request
to modify the Project or Construction Schedule,which request will not unreasonably be refused.
Developer may request from TCDA an extension of dates specified in the Project or Construction
Schedule,which will not be unreasonably withheld.The dates specified in the Project or
Construction Schedule are subject to and will be extended as provided in Section 12.26,Force
Majeure,or environmental conditions as provided in this Agreement.
6.5 Survival.
This Section 6 will survive Closing.
SECTION 7. REPRESENTATIONS AND WARRANTIES
7.1 TCDA Representations.
TCDA's representations and warranties under this Agreement are limited to the following,each
of which will be deemed made as of the Effective Date,will be deemed remade and effective as
of Closing and will survive Closing. TCDA represents and warrants to Developer that:
(a) To TCDA's knowledge,except as has been disclosed to Developer in the
Environmental Reports delivered by TCDA to Developer as identified below,there has been no
generation,manufacture,refinement,transportation, treatment, storage, handling,disposal,
transfer,release or production of Hazardous Substances on the Property,or underground storage
tanks existing on the Property, except in compliance with Environmental Laws currently in
effect,and TCDA has not received any additional notice of the Release of any Hazardous
Substances on the Property,other than what is listed in the Environmental Reports.TCDA makes
no representation that the Environmental Reports comprise the complete file regarding the
Property at the DEQ or any other governmental agency.The Environmental Reports delivered by
TCDA to Developer prior to execution are:
(i) 10/19/12: Phase I ESA;
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(ii) 11/26/12: Phase II Subsurface Investigation
(iii) 5/30/13: Phase II Additional Subsurface Investigation
(iv) 9/26/14: Site Characterization Report
(v) 5/28/15: Consent Judgment
(vi) 11/17/15: Phase I(conducted prior to purchase of property)
(vii) 2/1/17: Analysis of Brownfield Cleanup Alternatives Report
(viii) 3/17/17: Remedial Action Plan
(ix) 1/5/18 AMEC completion report
(x) 3/17/17 Contaminated Media Management Plan
TCDA represents that the Environmental Reports are as received by TCDA.
TCDA makes no further representation or warranty regarding the Environmental Reports,
including but not limited to their accuracy,completeness or suitability for use.Receipt of the
Environmental Reports listed in this subparagraph(a)is acknowledged by Developer.
(b) TCDA has full power and authority to enter into and perform this Agreement in
accordance with its terms,and all requisite action has been taken by TCDA to authorize the
execution of this Agreement and the transactions contemplated hereby.
(c) TCDA is not a"foreign person"within the meaning of Section 1445(f)(3)of the
Internal Revenue Code of 1986,as amended.
(d) To TCDA's knowledge,there is no litigation,action,suit,or any condemnation,
environmental,zoning,or other government proceeding pending or threatened,except DEQ's
ongoing investigation and remediation of the adjacent Drycleaner 1 and Drycleaner 2 Sites,
which may affect the Property,TCDA's ability to perform its obligations under this Agreement,
or Developer's ability to develop the Project.
(e) To TCDA's knowledge and except as disclosed in writing to Developer,the
Property is in compliance with all applicable laws,rules,regulations,ordinances and other
governmental requirements.
(f) To TCDA's knowledge,and except as disclosed in the Environmental Documents,
TCDA has not received or given any notice stating that the Property is in violation of any
applicable laws,rules,regulations,ordinances or other governmental requirements.
(g) To TCDA's knowledge,no representation,warranty or statement of TCDA in this
Agreement or any of the exhibits attached hereto contains any untrue statement of a material fact
or omits a material fact necessary to make the representation,warranty or statement not
misleading.
(h) As of the Effective Date,TCDA is not in breach of this Agreement and no event
has occurred that,with the passage of time or the giving of notice or both,would constitute a
breach of TCDA under this Agreement.
(i) TCDA is the legal and beneficial fee simple titleholder to the Property and,to
TCDA's knowledge,the Property is free and clear of all liens, encumbrances, claims,covenants,
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conditions,restrictions,easements,rights of way, options,judgments or other matters, except as
disclosed by the Title Report and subject to the EES.
0) There are no current leases or services contracts affecting the Property and at the
time the Property is conveyed to Developer,the Property will be free and clear of any leases or
services contracts.
(k) TCDA has not entered into any legally binding purchase and sale agreement
(whether contingent or not)for the Property.
(1) TCDA will within ten(10)days provide notice to Developer if TCDA obtains
actual knowledge of a fact or circumstance that would render a material representation or
warranty inaccurate in any material respect.
For purposes of this Section 7.1,"TCDA's s knowledge"means the actual knowledge of a
management employee of TCDA currently engaged in and responsible for acquisition,
management or disposition of the Property for the TCDA.
7.2 Developer Representations.
7.2.1 Developer's representations and warranties under this Agreement are limited to
the following,each of which will be deemed made as of the Effective Date,will be deemed
remade and effective as of Closing and will survive Closing: Developer represents and warrants
to TCDA that:
(a) Developer has full power and authority to enter into and perform this
Agreement in accordance with its terms and all requisite company action has been taken by
Developer to authorize the execution of this Agreement and the transactions contemplated
hereby. To Developer's knowledge,execution and delivery of this Agreement and the
performance of its obligations hereunder do not require the consent of any third party that has not
been obtained.
(b) To Developer's knowledge,no representation,warranty or statement of
Developer in this Agreement,the exhibits or the financial information provided pursuant to
Section 3.6 contain any untrue statement of a material fact or omits a material fact necessary to
make the representation,warranty or statement not misleading.
(c) To Developer's knowledge,Developer is not in breach of this Agreement
and no event has occurred that,with the passage of time or the giving of notice or both,would
constitute a breach of Developer under this Agreement.
(d) Developer enters into this Agreement without reliance on any oral or
written representations by TCDA,its employees,agents or consultants,regarding any aspect of
the Property,the Project or its feasibility or financing,or compliance with any governmental
regulation except as expressly stated in this Agreement or documents referenced herein.
(e) Developer is not(and is not engaged in this transaction with or on behalf
of) a person or entity that TCDA is prohibited from doing business with pursuant to anti-
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terrorism laws and regulations including but not limited to the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
(Patriot Act),the Bank Secrecy Act,the Trading with the Enemy Act,the International
Emergency Economic Powers Act, sanctions and regulations promulgated pursuant thereto by the
Office of Foreign Assets Control as well as laws related to the prevention and detection of money
laundering.
(f) Developer will within ten(10)days provide notice to TCDA if Developer
obtains actual knowledge of a fact or circumstance that would render a material representation or
warranty inaccurate in any material respect.
(g) For purposes of this section,"Developer's knowledge"means the actual
knowledge of any of the principals or senior management of Developer without duty of inquiry
or investigation and excluding imputed knowledge.
SECTION 8. TERM AND TERMINATION
8.1 Effective Date.
This Agreement is effective when all Parties have executed the Agreement,the"Effective Date".
The execution will be subject to entity authorization,which in TCDA's case includes TCDA
Board approval.
8.2 Termination.
This Agreement will terminate on the earlier of:
8.2.1 Developer provides notice of termination pursuant to Section 3.4.
8.2.2 Either Party provides notice to the other that a Condition Precedent to Closing has
not been fulfilled at Closing and the time to cure has elapsed as provided in Section 3.7.
8.2.3 By either Party on 10 days' written notice if Closing has not occurred within 15
days after the Closing Date,or any extension.
8.2.4 At any time upon mutual written agreement of the Parties.
8.2.5 Either Party terminates for breach as provided in Section 9.
Termination shall not foreclose any action or remedy for breach except as expressly provided in
this Agreement.
/
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SECTION 9. BREACH AND CURE
9.1 Breach by Developer.
9.1.1. Any breach of the provisions of this Agreement by Developer,including the
Project or Construction Schedule and that is not remedied within sixty(60)days after TCDA has
given notice to Developer specifying the breach,provided,however,that if the TCDA determines
that it is more likely than not that the breach was not willful and cannot with due diligence be
cured within a period of sixty(60) days, Developer will have a reasonable period of time to cure
such breach. In making its determination,TCDA will act reasonably and in good faith,and will
consider the nature of the breach,whether Developer has proposed a reasonable course of action,
is or will diligently effect such cure and whether the cure may be accomplished within a
reasonable period.ICDA may require that Developer periodically provide TCDA with a written
assessment of the cure describing: the curative actions taken since the last written report,the
estimated date by which the cure will be completed,the remaining impediments to completing
the cure,and the planned curative acts for the next month.
9.1.2 Any assignment by Developer for the benefit of creditors,the filing of a petition
in bankruptcy by or against Developer that is not removed within thirty(30)days,or the
appointment of a receiver,trustee or creditor's committee over Developer shall be a breach of
this Agreement. There will be no cure for a breach under this Section 9.1.2.
9.2 Breach by TCDA.
Any breach of the provisions of this Agreement, including,without limitation,whether by action
or inaction,and such breach continues and is not remedied within sixty(60)days after Developer
has given TCDA notice specifying the breach;provided,however,that if Developer determines
that it is more likely than not that the breach was not willful and cannot with due diligence be
cured within a period of sixty(60)days,TCDA will have a reasonable period of time to cure
such breach. In making its determination,Developer will act reasonably and in good faith, and
will consider the nature of the breach,whether TCDA has proposed a reasonable course of action
is or will diligently proceed to effect such cure and whether the cure may be accomplished within
a reasonable period. Developer may require that TCDA periodically provide Developer with a
written assessment of the cure every month describing: the curative actions taken since the last
written report,the estimated date by which the cure will be completed,the remaining
impediments to completing the cure,and the planned curative acts for the next month.
9.3 Survival.
The provisions of this Section shall survive Closing as to any post-Closing obligations.
SECTION 10. REMEDIES
10.1 Pre-closing.
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If Developer breaches prior to Closing such that the consummation of the transaction herein
contemplated does not occur as herein provided by reason of any breach of Developer,and
Developer fails to complete the purchase of the Property,TCDA may terminate this Agreement
by written notice to Developer. Developer and TCDA agree that it would be impractical and
extremely difficult to estimate the damages suffered by TCDA as a result of Developer's failure
to complete the purchase of the Property pursuant to this Agreement,and that under the
circumstances existing as of the date of this Agreement,the liquidated damages provided for in
this Section 10 represent a reasonable estimate of the damages which TCDA will incur as a result
of such failure. THEREFORE,DEVELOPER AND TCDA HEREBY AGREE THAT A
REASONABLE ESTIMATE OF THE TOTAL DAMAGES THAT TCDA WOULD SUFFER
IN THE EVENT THAT DEVELOPER BREACHES AND FAILS TO COMPLETE THE
PURCHASE OF THE PROPERTY IS $20,000,AGAINST WHICH THE EARNEST MONEY
WILL BE CREDITED.
SUCH AMOUNT WILL BE THE FULL,AGREED AND LIQUIDATED DAMAGES FOR
THE BREACH OF THIS AGREEMENT BY DEVELOPER,AND AFTER PAYMENT
THEREOF TO TCDA,NEITHER PARTY WILL HAVE ANY FURTHER OBLIGATION TO
OR RIGHTS AGAINST THE OTHER.
If TCDA breaches under this Agreement prior to Closing,Developer will be entitled in addition
to all other remedies available at law or in equity, (a)to seek specific performance of TCDA's
obligation to Close under this Agreement; or(b)to terminate this Agreement. Upon termination
for breach by TCDA,Escrow Agent will return to Developer the entire Earnest Money. All
documents will be immediately returned to the Party who deposited them,and neither Party will
have any further rights or obligations under this Agreement,except as otherwise provided in this
Agreement.
10.2 Post-Closing Remedies of TCDA for Developer Breach Other Than For Failure to Timely
Commence or Complete Construction.
If Developer breaches under this Agreement after Closing(other than timely commencement or
completing construction of the Project),TCDA may seek specific performance or other remedy
provided by law. This Section 10.2 shall survive Closing as to any post-Closing obligations and
-shall terminate on Substantial Completion.
10.3 Post-Closing Repurchase Right of TCDA for Developer Failure to Timely Commence or
Complete Construction.
Subject to force majeure and environmental delays as provided in this Agreement,if Developer
fails to commence construction within one(1)year of the Closing Date, subject to any extension,
or fails to substantially complete the Project by the date that is two(2)years after Closing,TCDA
will have the right to repurchase the Property by written notice exercising such repurchase right
no later than sixty(60)days after the date such repurchase right accrues(and if not timely
exercised,such repurchase right will automatically be deemed waived)on the following terms
and conditions:
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(a) Payment to Developer of 75%of the purchase price and 75%of the of the
total amount of all hard costs of construction plus soft costs, including design,permitting and
other directly related costs as of the date of re-conveyance except attorney fees;
(b) Reduced by: the amount of any assessments, liens or other charges against
the property that Developer has not paid as of the date of re-conveyance,payment or assumption
of any mortgage including any payment or assumption costs;the cost of an ALTA title insurance
policy in the amount of the purchase price insuring TCDA as owner and any other closing costs.
(c) If there are unasserted,contingent or disputed claims that TCDA
reasonably determines may result in liens against the property or otherwise reduce the value
thereof;TCDA may deposit a reasonable estimate of such claims into escrow to be released to
Developer only upon resolution of such claims.
(d) Upon receipt of notice that TCDA has elected to repurchase, Developer
will promptly provide TCDA with accurate,current statements itemizing all costs and amounts
owed and claims asserted or likely as described above.After review of the statements,TCDA
may rescind the purchase or elect to proceed by providing written notice to Developer.
(e) Upon receipt of notice that TCDA will proceed with the purchase,
Developer will thereafter take all action,including the payment of all debts and the execution of
all documents necessary to re-convey marketable title to the Property to TCDA, free and clear of
all liens and encumbrances other than the lien of any mortgages and the Final Permitted
Exceptions. In addition,TCDA may accept other title exceptions or obligations that are the result
of Developer's pursuit of the development of the Project,Developer will re-convey the Property
by statutory warranty deed to TCDA in escrow through the offices of the Escrow Agent.
(f) At closing of the re-conveyance,Developer will provide TCDA with a
copy of and the right,without any representation and warranty,to use any work product
produced by any third parties for Developer to the extent Developer has obtained an appropriate
reliance letter,including copies of all Property market research,design documents,engineering
documents,and which Developer is authorized to release;and design and construction contracts
which TCDA may use in any manner that it deems appropriate with respect solely to the Property
with the consent of any Party having approval rights thereunder.
(g) In lieu of exercising its right to repurchase,TCDA may exercise any
remedy available by law as regards a post-Closing breach by Developer.
(h) This Section 10.3 will survive Closing as to any post-Closing remedies and
shall terminate on Substantial Completion.
SECTION 11. DISPUTE RESOLUTION
With respect to any provision of this Agreement where Dispute Resolution is referenced as a
means to resolve disagreements among the Parties,the provisions of this Section will apply.
When a disagreement exists,the Parties will first use good faith efforts to resolve such
disagreement.If such disagreement is not resolved within fifteen(15)days after written notice
seeking a meeting to resolve such disagreement in good faith,then any Party whose agreement,
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consent or approval is required may initiate this dispute resolution process by written notice to
the other Party whose agreement, consent or approval is required. The Parties will select a
person (a"Dispute Resolver"). The Dispute Resolver will set the timing,procedures and rules for
resolving the dispute.The Dispute Resolver will be independent of the Parties and will not have
had a business relationship with any Party within the last five(5)years. The Dispute Resolver
will be a person who(a) is a resident of the Portland metropolitan area, and(b)has substantial
experience in resolving complex business issues in a public or private context. If after ten(10)
days the Parties cannot agree on the person who will be the Dispute Resolver,then the Parties
will meet, and each will submit two(2)qualified candidates' names,the resulting names will be
placed in a vessel, and the first name drawn will be the Dispute Resolver.The Dispute Resolver's
fees will be paid equally by the Parties.
SECTION 12. MISCELLANEOUS PROVISIONS
12.1 Good Faith and Fair Dealing.
The Parties will have imputed to all their duties, obligations, and acts performed under this
Agreement a standard of conduct of good faith and fair dealing.
12.2 Inspection of Records, Confidentiality.
12.2.1 Each Party agrees that,upon the reasonable prior notice from the other Party,it
will make available to the requesting Party its records,reports and information pertaining to the
Project for review,but not copying (unless agreed upon by the non-requesting Party),to inform
the requesting Party and to enable the requesting Party to determine the other Party's compliance
with the terms of this Agreement.Nothing herein requires disclosure of any information
protected by the attorney-client or other privilege.
12.2.2 Each Party agrees to keep as confidential any document or information marked by
the other Party as confidential, including the reason the document is considered confidential.
This will not preclude a Party from sharing such information with any partner, lender,consultant,
employee or agent when reasonably necessary in the normal course of carrying out the
obligations of the Party under this Agreement. If TCDA is served with a request to produce
information marked confidential by Developer or deemed so by TCDA,TCDA will inform
Developer and provide Developer at least five(5)days to contest disclosure prior to disclosure.
However,the parties acknowledge that, as a public entity,TCDA must and will comply with
ORS 192.311,et. seq.
12.3 Discrimination.
Developer agrees that in performing its obligations under this Agreement, it will not discriminate
against any employee or applicant for employment because of race,color,religion, age, gender,
sexual orientation or national origin.
12.4 Governinp,Law,Venue;Jurisdiction.
This Agreement will be governed and construed according to the laws of the State of Oregon,
without regard to its choice of law provisions.Any action or suit to enforce or construe any
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provision of this Agreement by either Party will be brought in the Circuit Court of the State of
Oregon for Washington County.
12.5 Third Parties.
TCDA and Developer are the only Parties to this Agreement and are the only Parties entitled to
enforce its terms. There are no third-party beneficiaries of this Agreement,except for
Developer's affiliate,Ava Roasteria,Co.,an Oregon corporation,which operates Ava Roasteria
coffee shops.
12.6 Notices.
All notices given under this Agreement will be in writing and may be delivered by electronic
mail,personal delivery,by overnight courier service,or by deposit in the United States Mail,
postage prepaid, as certified mail,return receipt requested, and addressed as follows:
TCDA: City Center Development Agency
City of Tigard
13125 SW Hall Blvd.
Tigard,OR 972232
Attn: Marty Wine,Exec. Director
Email: martv(w),tigard=oror.gov
With a copy to: City Attorney
City of Tigard
13125 SW Hall Blvd
Tigard OR 97223
Attn: Shelby Rihala
Email: shelbyr@tigard-or.gov
Developer: Ava Tigard Development,LLC
4740 SW Hall Blvd.
Beaverton,OR 97005
Attn: Amy Saberiyan
Email: amy.saberiyan(_)neekeng.com
With a copy to: Ater Wynne LLP
1331 NW Lovejoy Street, Suite 900
Portland,OR 97209
Attn: Ernest G.Bootsma
Email: egb(@gtg com
Notices will be deemed received by the addressee upon the earlier of actual delivery or refusal of
a Party to accept delivery thereof. The addresses to which notices are to be delivered may be
changed by giving notice of such change in address in accordance with this notice provision.
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12.7 Time is of the Essence.
Time is of the essence in the performance of and adherence to each and every provision of this
Agreement.
12.8 No Partnershit).
Nothing contained in this Agreement or any acts of the Parties hereby will be deemed or
construed by the Parties, or by any third person,to create the relationship of principal and agent,
or of partnership,or of joint venture,or any association between TCDA and Developer.
12.9 Non-waiver.
Waiver by any Party of strict performance of any provision of this Agreement will not be deemed
a waiver of or prejudice a Party's right to require strict performance of the same or any other
provision in the future.A claimed waiver must be in writing and signed by the Party granting a
waiver.A waiver of one provision of this Agreement will be a waiver of only that provision.A
waiver of a provision in one instance will be a waiver only for that instance,unless the waiver
explicitly waives that provision for all instances.
12.10 Non-waiver of Government Rights.
Subject to the terms and conditions of this Agreement,by making this Agreement,TCDA is
specifically not obligating itself,the City of Tigard, or any other agency with respect to any
police power or regulatory actions relating to development or operation of the Project and other
improvements to be constructed in the Project,including,but not limited to,rezoning,variances,
environmental clearances or any other governmental approvals which are or may be required;
provided, however,that execution of this Agreement constitutes TCDA's acceptance of a mixed
use for the Property, which acceptance shall not be reconsidered or altered during the term of this
Agreement except as provided in this Agreement including but not limited to TCDA Board
approval and land use approval as provided in Sections 3.6.1 and 3.6.2.
12.11 Survival.
Any covenant or condition set forth in this Agreement,the full performance of which is not
specifically required prior to the expiration or earlier termination but which by its terms is to
survive the termination of this Agreement,will survive the expiration or earlier termination of
this Agreement and will remain fully enforceable thereafter.
12.12 Partial Invalidity.
If any provision of this Agreement is held to be invalid or unenforceable,the remainder of this
Agreement, and the application of such provision to persons or circumstances other than those to
which it is held invalid or unenforceable,will not be affected thereby, and each provision of this
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4/29/18 Final Exhibit A to Resolution
Agreement will be valid and enforceable to the fullest extent permitted by law. If a material
provision of this Agreement is held invalid or unenforceable such that a Party does not receive
the benefit of its bargain,then the Parties will renegotiate in good faith terms and provisions that
will effectuate the spirit and intent of the Parties' agreement herein.
12.13 Calculation of Time.
Unless referred to as Business Days,all periods of time will include Saturdays, Sundays,and
Legal Holidays. However, if the last day of any period falls on a Saturday,Sunday,or legal
holiday,then the period will be extended to include the next day which is not a Saturday, Sunday,
or Legal Holiday. "Business Days"will mean Monday through Friday,and"Legal Holiday"will
mean any holiday observed by the State of Oregon.
12.14 Headings,Table of Contents.
The Section headings and Table of Contents are for convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
12.15 Counterparts.
This Agreement may be executed in counterparts, each of which will be deemed to be an
original,and such counterpart will constitute one and the same instrument.
12.16 Legal Purpose.
TCDA and Developer each agree that it will use its interest in the Project solely for lawful
purposes.
12.17 Amendments.
This Agreement may be modified only by a writing signed by the Parties.
12.18 ADArovals.
12.18.1 Where this Agreement requires the approval(s)of TCDA,TCDA will approve
or disapprove within fourteen(14)days after receipt of the material to be approved,except where
a longer or shorter period is specifically provided in this Agreement, and except where the
approval requires action by the TCDA Board,and in that case,the approval period will be forty-
five(45)days.Failure by TCDA to approve or disapprove within the applicable period will be
deemed approval. Any disapproval will state in writing the reasons for such disapproval. Staff
approvals will not be unreasonably withheld or conditioned,except where rights of approval are
expressly reserved to TCDA's sole discretion in this Agreement.
12.18.2 Where this Agreement requires the consent or approval of Developer,
Developer will approve or disapprove within fourteen(14)days after receipt of the material to be
approved,except when a longer period is specifically provided in this Agreement. Failure by
Developer to approve or disapprove within such period will be deemed approval.Any
disapproval will state the reasons for such disapproval. Approvals will not be unreasonably
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4/29/18 Final Exhibit A to Resolution
withheld or conditioned, except where rights of approval are expressly reserved to Developer's
sole discretion.
12.19 Attorneys' Fees.
If a suit,action, or other proceeding of any nature whatsoever(including any proceeding under
the U.S. Bankruptcy Code)is instituted in connection with any controversy arising out of this
Agreement or to interpret or enforce any rights or obligations hereunder,the prevailing Party will
be entitled to recover its attorney,paralegal,accountant, and other expert fees and all other fees,
costs, and expenses actually incurred and reasonably necessary, as determined by the court at
trial or on any appeal or review,in addition to all other amounts provided by law.
12.20 Entire Agreement.
This Agreement constitutes the entire agreement between the Parties as to the subject matter
covered by this Agreement.
12.21 Interpretation of Agreement; Status of Parties.
This Agreement is the result of arm's-length negotiations between the Parties and will not be
construed against any Party by reason of its preparation of this Agreement. Nothing contained in
this Agreement will be construed as creating the relationship of principal and agent,partners,
joint venturers,or any other similar relationship between the Parties.
12.22 Future Assurances.
Each of the Parties will promptly execute and deliver such additional documents and will do such
acts that are reasonably necessary,in connection with the performance of their respective
obligations under this Agreement according to the Project Schedule to carry out the intent of this
Agreement.
12.23 Mutual Representations.
The Parties each warrant and represent to the other that this Agreement constitutes a legal,valid,
and binding obligation of that Party. Without limiting the generality of the foregoing, each Party
represents that its governing authority and, in the case of TCDA, its Board,has authorized the
execution, delivery, and performance of this Agreement by it.The individuals executing this
Agreement warrant that they have full authority to execute this Agreement on behalf of the entity
for whom they purport to be acting. Each Party represents to the other that neither the execution
and delivery of the Agreement,nor the consummation of the transactions contemplated hereby
will: violate any constitution, statute,regulation,rule,injunction,judgment,order,decree,ruling,
charge,or other restriction of any government,government agency,or court to which it is subject
or any provision of its charter or bylaws; or conflict with,result in a breach of,or constitute a
breach under any other agreement to which it is a party or by which it is bound.No Party needs
to give any notice to,make any filing with,or obtain the consent of any other entity or person to
consummate the transaction contemplated by this Agreement.
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12.24 Exhibits.
The following Exhibits attached to this Agreement are an integral part of this Agreement and are
fully incorporated into this Agreement where they are referenced in the text of this Agreement:
Exhibit A—Description of Property
Exhibit B—Concept Plan
12.25 Assignment.
TCDA has entered into this Agreement based on the reputation and qualifications of Developer.
Developer will not assign or otherwise transfer any interest in this Agreement without the prior
written approval of TCDA which approval shall not be unreasonably withheld provided the
transferee has comparable capabilities and financial resources. For purposes of this Agreement,
the terms"assignment or transfer"will not include any mortgage or other normal and customary
financing obtained by Developer nor will it include assignment to a partnership,joint venture or
similar entity of which Developer is a member provided that such assignment will not be a
novation or in any way excuse or diminish Developer's obligations and responsibilities to TCDA
provided for herein.
This Agreement will bind each Party's respective successors and assigns.
12.26 Force Mgjeure.
Neither Party will have liability to the other on account of the following acts(each of which is an
"Excused Delay"and jointly all of which are"Excused Delays")"which will include:(a)the
inability to fulfill,or delay in fulfilling,any obligations under this Lease by reason of strike,
lockout, other labor trouble, dispute or disturbance;(b)governmental regulation,moratorium,
action,preemption or priorities or other controls; (c)shortages of fuel, supplies or labor; (d)or
the discovery of previously unknown environmental conditions related to conditions or
contamination existing on the property prior to conveyance of the property to Developer;or(e)
for any other reason,whether similar or dissimilar to the above,or for act of God beyond a
Party's reasonable control. If this Agreement specifies a period for performance of an obligation
of a Party(including,without limitation,the Project Schedule),that period will be extended by
the period of any delay in the Party's performance caused by any of the events of Excused Delay
described herein.
12.27 Statutory Disclaimer.
"THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE
PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT
TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY
NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT
LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,
IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF
ANY,UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,
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OREGON LAWS 2009, AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING
FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN
ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,
TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,
UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,
OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010."
IN WITNESS WHEREOF,the Parties have entered into this Agreement as of the day and
year first set forth above.
TCDA: TCDA OF TIGARD
By:
Printed Name:
Its:
Date:
Approved as to form: TCDA Attorney
By:
Printed Name:
Its:
Developer: AVA TIGARD DEVELOPMENT,LLC,
an Oregon limited liability company
By:
Printed Name:
Its:
Date:
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EXHIBIT A
Description of Property
Real property in the County of Washington,State of Oregon, described as follows:
PARCEL I:
BEGINNING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE JOHN
HICKLIN DONATION LAND CLAIM NO.37 IN TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE
MERIDIAN,WASHINGTON COUNTY,OREGON.AND RUNNING THENCE SOUTH 45"00'WEST ON LINE
BETWEEN THE SAID JOHN HICKLIN DONATION LAND CLAIM AND THE GEORGE RICHARDSON DONATION
LAND CLAIM,A DISTANCE OF 1807.1 FEET TO A POINT;
THENCE SOUTH 45°00' EAST ALONG THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND
CONVEYED TO EMIL A.AND OLIVIA T.JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE 0069,
WASHINGTON COUNTY,DEED RECORDS A DISTANCE OF 131.0 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED TRACT;
THENCE FROM THE DESCRIBED POINT OF BEGINNING SOUTH 45'00' EAST ALONG THE EASTERLY LINE
OF SAID JOHNSON TRACT A DISTANCE OF 93.0 FEET TO A POINT ON THE NORTHERLY LINE OF THE
PACIFIC HIGHWAY;
THENCE FOLLOWING SAID NORTHERLY LINE OF THE PACIFIC HIGHWAY ON A 5730.0 FOOT RADIUS
CURVE TO THE RIGHT(THE LONG CHORD OF WHICH BEARS SOUTH 57"31'WEST 23.5 FEET)23.5
FEET TO A POINT MARKED BY AN IRON HIGHWAY RIGHT OF WAY MARKER;
THENCE SOUTH 57°38'WEST ALONG SAID RIGHT OF WAY LINE 145.0 FEET TO A POINT IN THE
CENTER OF FANNO CREEK;
THENCE NORTH 36°30'WEST IN THE CENTER OF FANNO CREEK A DISTANCE OF 78.6 FEET TO A
POINT;
THENCE NORTH 55"52'WEST IN THE CENTER OF FANNO CREEK A DISTANCE OF 6.1 FEET TO A POINT;
THENCE NORTH 55`09'EAST ALONG THE HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 156.4 FEET
TO THE POINT OF BEGINNING.
PARCEL II:
BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE JOHN
HICKLIN DONATION LAND CLAIM IN TOWNSHIP 2 SOUTH, RANGE 1 WEST,WILLAMETTE MERIDIAN,
WASHINGTON COUNTY,OREGON.
AND RUNNING THENCE SOUTH 45°18'WEST ALONG THE DONATION LAND CLAIM LINE 1814.5 FEET
TO THE MOST WESTERLY CORNER OF LOT 15 OF ELECTRIC ADDITION TO TIGARDVILLE(PLAT BOOK
2, PAGE 0042),A DULY RECORDED SUBDIVISION IN WASHINGTON COUNTY, OREGON;
THENCE SOUTH 44°47' EAST ON THE SOUTHWESTERLY LINE OF SAID LOT 15 AND THE
NORTHEASTERLY LINE OF A TRACT OF LAND CONVEYED TO EMIL JOHNSON BY DEED AS RECORDED IN
BOOK 118 PAGE 0069 OF WASHINGTON COUNTY DEED RECORDS,131.0 FEET TO THE WESTERLY
CORNER OF THE SOUTHEASTERLY 1/2 OF SAID LOT 15 AND THE TRUE POINT OF BEGINNING OF THE
HEREIN DESCRIBED TRACT;
THENCE FROM THE DESCRIBED POINT OF BEGINNING SOUTH 44°47' EAST ON SAID SOUTHWESTERLY
LINE OF LOT 15 A DISTANCE OF 96.0 FEETTO THE NORTHERLY LINE OF THE OLD TAYLORS FERRY
ROAD;
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THENCE NORTH 60°12' EAST ON SAID ROAD LINE 22.2 FEET TO AN IRON;
THENCE NORTH 36'10'WEST 48.3 FEET TO AN IRON;
THENCE NORTH 60°12'EAST 40.1 FEET TO AN IRON;
THENCE NORTH 36°10'WEST 65.0 FEET TO AN IRON ON THE EASTERLY BOUNDARY OF THE STATE
HIGHWAY;
THENCE SOUTH 45°14'WEST ALONG SAID LINE,77.24 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DEDICATED TO THE CITY OF TIGARD FOR ROAD AND STREET
PURPOSES BY DEDICATION DEED RECORDED SEPTEMBER 13,2012 AS RECORDING NO. 2012-076047-
The above-description being subject to change to reflect the approved development footprint,the
Fanno Creek riparian area and the property line adjustment as provided for in the Agreement.
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EXHIBIT B
Concept Plan(See Attached)
Page 28—Development and Disposition Agreement—Ava Roasteria
4/29/18 Final Exhibit A to Resolution
Page 29—Development and Disposition Agreement—Ava Roasteria