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05/09/2007 - Packet Completeness Review ' for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee m4xj 2- 2-oc-)2- Date o leeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting; I am simply the employee preparing the paper record for archiving.This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name Signature 31.7,5//3 Date Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and the Unincorporated Area --- -AGENDA --- Wednesday, May 9, 2007 Tigard Public Library 5:30 p.m. 2nd Floor Conference Room 13500 SW Hall Blvd. Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call. 2. Approval of Minutes —April 11, 2007 Motion from the Board to approve the minutes. 3. Public Comments Call for any comments from the public. 4. Egbert Credit for Leak Request-Bob Sesnon (5 minutes) 5. Logan Appeal of Leak Credit- Bob Sesnon (5 minutes) 6. Discussion of Water Building Agreement-Attorney Ramis (20 minutes) 7. Update on Water Supply Options -John Goodrich (5 minutes) 8. Informational Items -John Goodrich 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meetings - ■ June 13, 2007, 5:30 p.m. Tigard Public Library, 2nd Floor Conference Room, 13500 SW Hall Blvd., Tigard, Oregon ■ June 19, 2007, Time to be announced Joint Meeting with the Tigard City Council Tigard City Hall, 13125 SW Hall Blvd., Tigard Oregon 11. Adjournment Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 1 Sign-in Sheet Intergovernmental Water Board Meeting Date: _ Name Do you wish If yes, please give your address please print to speak to the Board? John Q. Public Yes 13125 SW Hall Blvd. Tigard OR 97223 T Intergovernmental Water Board (IWB) Meeting Minutes May 9, 2007 Tigard Water Building 8777 SW Burnham Street Tigard, Oregon Members Present., Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham George Rhine Representing the Tigard Water District Bill Scheiderich Member at Large Dick Winn Representing the City of King City Members Absent. None Staff Present. Water Quality/Supply Supervisor John Goodrich City Attorney Tim Ramis Financial & Information Services Director Bob Sesnon IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:28 p.m. Mr. Sesnon introduced himself to the Board. Commissioner Scheiderich recognized Mr. Ramis. 2. Approval of Minutes—April 11, 2007 Commissioner Carroll motioned to approve the April 11, 2007, minutes; Commissioner Beuhner seconded the motion. On page one, Commissioner Rhine requested an addition to the minutes to clarify that the Tigard Water District had not taken a vote on the disposition of the Canterbury property, but had engaged in a lengthy discussion of the issue. It was agreed a notation would be placed in the minutes. The minutes were approved, as amended, by unanimous vote. 3. Public Comments: None 4. Egbert Credit for Leak Request Mr. Sesnon provided background information regarding this credit for leak request. Based upon the prescribed process, a credit of$739.88 was calculated. Credits exceeding $500 require the approval of the IWB. Commissioner Buehner motioned to approve the credit; Commissioner Carroll seconded the motion. The motion was approved by unanimous vote. Intergovernmental Water Board Minutes May 9,2007 1 5. Logan Appeal of Leak Credit- Bob Sesnon Mr. Sesnon provided background information regarding this appeal of a leak credit. Based upon the prescribed process, a credit of$445.20 was issued. This left a remaining balance of$484.46 owed by Mr. Logan. Mr. Logan was requesting a further credit. Leonard Logan, 10606 SW Windsor Court, Tigard, described how the leak was identified and repaired. Based upon past practice, Commissioner Winn suggested the Board split the remaining balance. This would result in an additional credit of $242.23. Commissioner Winn motioned to approve the additional credit; Commissioner Buehner seconded the motion. The motion was approved by unanimous vote. Non-Agenda Item -Arbor Heights Apartments - Fire Line Leak A memo and credit for leak request information from Mr. Goodrich were given to the Board at the beginning of the meeting. These materials are on file in the IWB record. The Board considered the request. Mr. Goodrich provided background information regarding this credit for leak request. Based upon the prescribed process, a credit of$1,323.12 was calculated. Credits exceeding $500 require the approval of the IWB. Commissioner Winn motioned to approve the credit; Commissioner Rhine seconded the motion. The motion was approved by unanimous vote. 6. Discussion of Water Building Agreement Mr. Ramis distributed rough drafts of the following documents related to the City of Tigard's use of the water building. These documents are on file in the IWB record. ■ Tenancy In Common Agreement ■ Bargain and Sale Deed ■ First Amendment to the Intergovernmental Agreement between the City of Tigard and the Tigard Water District for Delivery of Water Service ■ Commercial Lease Mr. Ramis confirmed the goals of the documents were to: ■ assure the ownership of record is actually in the names of the participating jurisdictions ■ create a lease relationship between those owners of record and the City of Tigard and outline who will manage the building and take on the costs associated with that management ■ establish clear procedures to address when an owner of record wants to sell their interest or sell the building To address these goals, Mr. Ramis proposed the following documents: ■ A deed to convey the property in the appropriate ownership interest percentages ■ A lease between the owners and City of Tigard clarifying who will be responsible for building maintenance expenses. This would likely include, via an appraisal process, a first right of refusal for the City of Tigard. Intergovernmental Water Board Minutes May 9,2007 2 ■ Two documents dealing with property sale provisions: 1. An amendment to the Intergovernmental Agreement stipulating that three votes will be required to sell property. 2. Tenancy In Common Agreement to establish the rules under which the owners operate the ownership of the property. Most likely, this would also include, via an appraisal process, a first right of refusal for the City of Tigard. Mr. Ramis summarized the documents. He directed the Board's attention to the following specific items: • Tenancy In Common Agreement, page 4, section 18, Restrictions on Sale of the Property and, section 18.1, Right of First Refusal ■ Amendment to the Intergovernmental Agreement, page 2, section 4.D. ■ Commercial Lease, page 4 With regard to item 4.1 of the Commercial Lease, Commissioner Carroll noted the Board had agreed it was responsible for the HVAC. Commissioner Buehner explained maintenance that is typically the responsibility of a landlord would fall to the IWB, and standard tenant improvements would be the tenant's responsibility. Mr. Ramis confirmed the Board wished to use the model of a typical office building whereby the owner has responsibility for the roof, HVAC, structural integrity of the walls, etc. Commissioner Scheiderich confirmed the Board was renting the building "as is." With regard to HVAC zone adjustments following the improvements, he asked if this cost would be allocated among the owners or done at the tenant's expense. The term of the lease and the City of Tigard's ability to recoup its investment in the building was discussed. Commissioner Scheiderich requested Mr. Ramis' documents state the building was being leased "as is." Commissioner Carroll countered that in previous discussions the Board had decided to repair the building's HVAC system at a cost of about $350,000. Other improvements would be the responsibility of the lessee. Mr. Ramis will review the minutes from previous meetings to determine whether the IWB direction was to: ■ Lease the building "as is," and adjust the lease term to ensure Tigard could recoup its investment. Tigard would pay for all improvements. Or • The IWB would pay for landlord improvements, like the HVAC, to make the building rentable, and the City of Tigard would pay for typical tenant improvements. Commissioner Buehner clarified that Tigard would actually perform the repairs, but it was the responsibility of the IWB to make the building rentable. Mr. Ramis noted the HVAC transaction will be completed by the time the legal documents are considered. He proposed the content of the minutes be included as a recital. The Board discussed the fact that the percentage of ownership, per the IGA, would be determined by the number of residential, commercial, and industrial customers within each jurisdiction. Mr. Ramis said the Board could review the calculations prepared by Mr. Koellermeier. Intergovernmental Water Board Minutes May 9,2007 3 The Board agreed to submit any comments to Mr. Ramis at least one week prior to the Board's next meeting. 7. Update on Water Supply Options -John Goodrich Mr. Goodrich provided the following updates: ■ The Tualatin Valley Water District still appears to be considering the Willamette River as an option. ■ The City of Lake Oswego is working on initial water conservation efforts. 8. Informational Items Mr. Goodrich provided the following updates: ■ Aquifer Storage and Recovery Wells - 200 million gallons (mg) is stored in ASR wells. - A flow meter at ASR 2 is malfunctioning, but injection will continue as soon as it is repaired. - Non-contract water is available through May. - The target storage amount would be 260 mg; 1.8 mg can be injected per day. - Drilling is underway on ASR 3. - Theoretically, ASR 1 can store about 100 mg, and ASR 2 can store about 260 mg. ■ The City of Tigard has hired a contractor to conduct large meter testing within Tigard Water Service Area. The contractor will check the accuracy of water meters for commercial buildings. Faulty meters may not accurately report water usage. Commissioner Buehner asked for a report on this testing at the next meeting. 9. Non-Agenda Items Note: See Non-Agenda Item -Arbor Heights Apartments - Fire Line Leak under item #5 10. Next Meetings— ■ June 13, 2007, 5:30 p.m. Tigard Public Library, 2nd Floor Conference Room, 13500 SW Hall Blvd., Tigard, Oregon ■ June 19, 2007, Time to be announced Joint Meeting with the Tigard City Council Tigard City Hall, 13125 SW Hall Blvd., Tigard Oregon 11.Adjournment: The meeting adjourned at 6:12 p.m. e,�7 ,0�0,e_ /. Greer A. Gaston, IWB Recorder Date: 1�L 4e_ Intergovernmental Water Board Minutes May 9,2007 4 Intergovernmental Water Board (IWB) Meeting Minutes April 11, 2007 Tigard Water Building 8777 SW Burnham Street Tigard, Oregon Members Present: Gretchen Buehner Representing the City of Tigard (arrived 5:32 p.m.) Patrick Carroll Representing the City of Durham George Rhine Representing the Tigard Water District Bill Scheiderich Member at Large Dick Winn Representing the City of King City Members Absent: None Staff Present: Public Works Director Dennis Koellermeier Water Quality/Supply Supervisor John Goodrich IWB Recorder Greer Gaston Note: Agenda items are recorded in the minutes in the order they were considered. This order varies from the agenda, thus the discrepancy in numbering. 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:29 p.m. 3. Public Comments Julie Russell, 12662 SW Terraview, expressed concerns about declaring the Canterbury property surplus and transferring ownership of the water building. She questioned whether the Tigard Water District (TWD) had decided or voted on the matter. She also expressed concern over the lack of public involvement associated with these transactions. Commissioner Rhine responded, with regard to the water building, the TWD had agreed to pursue the "tenants in common" proposal and to use this as a model for other property issues. Ken Henschel, 14530 SW 144th Avenue, expressed confusion over the IWB considering a resolution on the Canterbury property when the TWD had not voted on the matter. Intergovernmental Water Board Minutes April 11,2007 1 The Commissioners and audience members discussed procedural issues, and what action the TWD had taken or might take regarding declaring a portion of the Canterbury property surplus. Mr. Koellermeier clarified disposition of the property was an IWB action and whether the TWD Board had voted was immaterial. Commissioner Buehner explained when the IWB was created by intergovernmental agreement (IGA) in the early 1990's, each of the IWB members were to be assigned a share of the former TWD assets. This assignment of assets never occurred. The IWB's actions related to the disposition of property are in accordance with the IGA and are akin to housekeeping measures. With the exception of entering into a long-term water contract, IWB Commissioners can vote on an issue, whether or not that issue had been discussed with the entity they represent. Mr. Henschel questioned implementing housekeeping measures thirteen years after the original IGA and requested a more public process. 2. Approval of Minutes — February 14, 2007 Commissioner Buehner motioned to approve the February 14, 2007, minutes; Commissioner Carroll seconded the motion. The motion was approved by unanimous vote. 5. Consider a Resolution Regarding the Tualatin Basin Water Supply Project (Hagg Lake Dam Raise) Title Transfer Mr. Koellermeier explained this was a resolution of support to advocate for the title transfer of property related to the Tualatin Basin Water Supply Project. The proposal is to transfer the property from the federal government to a local agency. Local ownership is expected to expedite the project and reduce costs by eliminating federal bureaucracy. A title transfer would not commit the IWB to any action. Mr. Koellermeier and Tigard City Manager Prosser, along with other delegates, will be going to Washington, D.C. to lobby for the title transfer. IWB RESOLUTION NO. 07-01 - A RESOLUTION OF THE INTERGOVERNMENTAL WATER BOARD TO INVESTIGATE POTENTIAL TRANSFER OF TITLE OF ALL LANDS, FACILITIES AND OTHER ASSETS OF THE UNITED STATES BUREAU OF RECLAMATION TUALATIN PROJECT TO LOCAL OWNERSHIP Commissioner Carroll motioned to adopt the resolution regarding the Tualatin Basin Water Supply Project (Hagg Lake Dam Raise) Title Transfer; Commissioner Buehner seconded the motion. Intergovernmental Water Board Minutes April 11,2007 2 IWB Resolution No. 07-01 was approved by unanimous vote. 6. Consider a Resolution to Recommend that a Portion of the Canterbury Property be Declared as Surplus Mr. Koellermeier noted a revised version of the resolution had been prepared based on edits from Commissioner Scheiderich. The revised resolution and a map, labeled Exhibit 1 , were distributed to the IWB and audience members. Commissioner Carroll remarked the resolution reflected exactly what the IWB had discussed. The IWB talked about the section of proposed surplus property leased by the John Tigard House. Via the appraisal process, the value of this leased property would be established. The appraised value would reflect the fact this area is not useable as long as the John Tigard House is situated there. The IWB discussed the easement in the southeast corner of the proposed surplus property. This easement could be used for a future aquifer storage and recovery (ASR) site and needs to be located as far away from the existing Canterbury ASR well as possible. The IWB discussed placing another easement across the property to link the easement in the southeast corner to the Canterbury water facility. Because this easement might lower the property value and an alternative connection could be accomplished by way of Murdock Street and an alley running along the west side of the property, the consensus of the Board was not to pursue a second easement. IWB RESOLUTION NO. 07-02 - A RESOLUTION OF THE INTERGOVERNMENTAL WATER BOARD (IWB) RECOMMENDING TO THE TIGARD CITY COUNCIL THAT A PORTION OF THE CANTERBURY PROPERTY BE DECLARED SURPLUS AND ADDRESSING OTHER ISSUES RELATED TO THE DISPOSITION OF THE PROPERTY Commissioner Carroll motioned to adopt the resolution recommending to the Tigard City Council that a portion of the Canterbury property be declared surplus and addressing other issues related to the disposition of the property; Commissioner Winn seconded the motion. Commissioner Scheiderich called for public comment and discussion. Julie Russell, 12662 SW Terraview, requested the record be left open until the next meeting to allow for public comment. She added the current public record Intergovernmental Water Board Minutes April 11,2007 3 does not show the TWD has authorized the sale of the property. She suggested three appraised values be obtained on the property. Commissioner Scheiderich advised the IWB's resolution was a recommendation to the Tigard City Council and the disposition of surplus Canterbury property had been under consideration for a long time. He suggested concerns about the TWD proceedings be directed to that Board. With regard to the following statement in the resolution: WHEREAS, the Tigard Water District (TWD), owner of record for the Canterbury property, has authorized the sale of the property, at not less than the appraised value, to the City of Tigard for the purpose of constructing a park; and Ken Henschel, 14530 SW 144t" Avenue, questioned whether the TWD had authorized the sale of the property and whether the property would be sold to the City of Tigard. Commissioner Rhine responded the minutes detailing the TWD's discussion of the sale of the property had not been approved yet. It was noted a "whereas clause" was not legally binding, this part of the resolution generally relays background information. Items detailed in the section numbers of the resolution show what the Board resolves to do and contain the actual substance of the document. Commissioner Scheiderich pointed out that although the City of Tigard has the first right to buy the property at the appraised value, the property could be sold to another party if this sale did not work out. Commissioner Carroll added the 1993 IGA, which established the IWB, deeded this property to the members of the IWB, but the paperwork was never completed. The IGA remains a legally binding contract and the TWD has no authority to stop the sale of the property as each IWB member owns a share of this asset. Regarding Section 6 of the resolution: Any proceeds from the sale of the Property shall be credited to the Water Capital Improvement Project Fund. Mr. Henschel asked why proceeds from the sale of the property would not be divided among lWB members. The Commissioners responded the IWB had decided to place any proceeds from the sale of water assets into the Water Capital Improvement Fund. This fund is managed by Tigard for the benefit of all of the members and will offset the cost of future water system improvements. IWB Resolution No. 07-02 was approved by unanimous vote. Intergovernmental Water Board Minutes April 11,2007 4 7. Building/Asset Discussion Continued from February 14, 2007 Responses to Questions from Attorney Ramis Attorney Tim Ramis sent a memo to the IWB requesting clarification on the following points related to the disposition of the water building: 1 . Is immediate purchase the preferred alternative by the City of Tigard, or is some form of joint ownership preferred until the time comes to dispose of the property? The Board confirmed the following points: ■ The water building should be transferred into the names of each of the entities (Durham, King City, Tigard and the Tigard Water District) based upon their respective joint ownership interest as tenants in common. ■ Mr. Koellermeier reported he has provided Mr. Ramis with an allocation formula. ■ The water building is being deeded, but not sold. 2. In the event that a form of joint ownership is preferred, will the decision to dispose of the property: (1) Rest in the control of a majority of the ownership (based on ownership percentage); (2) Require agreement of all owners; or (3) Be based on some other form of control such as a majority of the entities with an interest? Commissioner Buehner asserted one entity should not be able to block the wishes of the other members. The Board concurred and decided three of the four entities, with the member at large abstaining, would need to reach agreement on the disposition of the property. Mr. Koellermeier said Mr. Ramis should now have all the information he needs and the Board should have a document to review at their next meeting. 4. Update on Water Supply Options Mr. Koellermeier provided the following updates: Hagg Lake Dam Raise (Tualatin Basin Water Supply Project) • Draft Environmental Impact Study is due in June, followed by a 90-day comment period. ■ Then partners will decide on which option to pursue and who will participate in the project. Intergovernmental Water Board Minutes April 11,2007 5 Lake Oswego Expansion & Water Partnership ■ A joint meeting between the IWB, and Lake Oswego and Tigard City Councils might be scheduled in the near future. The Lake Oswego Council is focusing on water conservation efforts. Willamette River Treatment & Transmission Improvement Project ■ WaterWatch filed an appeal regarding water right permits. This creates a contested case hearing situation, which should be a 90-day process. ■ The Water Resources and Fish and Wildlife Departments are expected to side with the Willamette River Water Coalition (WRWC) since the Coalition is following their recommendations. ■ With the enactment of a new law, the State appears to be granting in- stream rights for fish while circumventing established water rights. ■ The Willamette River has enough flow to accommodate fish, with very little impact on WRWC water rights. Recent indications are the Tualatin Valley Water District (TVWD) may be leaning toward the Joint Water Commission's (JWC's) Hagg Lake Dam Raise project as opposed to the Willamette River Improvement Project. Tigard and the TVWD have equal positions with regard to water access within the JWC partnership, but the TVWD already has the infrastructure to transport the water; Tigard does not. Mr. Goodrich reported the following: ■ Water customers are currently using about 4.4 million gallons per day (mgd). This is comparable to last year's consumption. ■ 206 million gallons (mg) of water are stored in the City's aquifer storage and recovery (ASR) wells. With some operational adjustments, the plan is to inject another 50 mg within the next month. By purchasing and storing additional non-contract water, there is a potential cost savings of $61,000. ■ A test well will be drilled at the ASR 3 site in the next month. The viability of the well will be determined in the next six months. 8. Informational Items In response to an inquiry, Mr. Koellermeier reported construction of the new reservoir will begin in late July or early August. The earth-work needs to be done by fall and should take about a month. Executive Session — Real Property Transactions Commissioner Carroll motioned for the Board to go into executive session; Commissioner Buehner seconded the motion. The motion was approved by unanimous vote. Intergovernmental Water Board Minutes April 11,2007 6 At 6:30 p.m., the Board went into executive session to discuss real property transactions under ORS 192.660(2)(e). The Board came out of executive session at 6:36 p.m. 9. Non-Agenda Items: None 10.Next Meeting —Wednesday, May 9, 2007, 5:30 p.m. Tigard Public Library, 2nd Floor Conference Room, 13500 SW Hall Blvd., Tigard, Oregon 11.Adjournment At 6:36 p.m. Commissioner Carroll motioned to adjourn the meeting; Commissioner Rhine seconded the motion. The motion was approved by unanimous vote. Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes April 11,2007 7 Agenda Item No.: IWB Meeting Date: dadj= C11 MEMORANDUM 1 1 . TO: Intergovernmental Water Board FROM: Amanda L. Bewersdorff,Accounting Supervisor! RE: Scott Egbert Utility Account DATE: April 25, 2007 The attached credit for leak request is being forwarded to you for your approval at the nest scheduled meeting on May 9,2007. The method used in calculating the amount of the credit is based on existing policy and there are no extenuating circumstances to this particular request. As noted in the request,a leak was pointed out to the customer by our meter reader on April 19, 2007. The plumber that was hired bypassed the source of the leak which was completed on April 20,2007. The customer is currently getting estimates to bore a new permanent line,but the leak has been repaired and is no longer leaking. The credit in the amount of$739.88 was calculated for the billing period of February 15,2007 to Ap6l 19, 2007 and requires your Board approval before processing. If you have any questions regarding this request,please feel free to call me directly at 503-718-2497. I will be at a software conference during the next scheduled meeting so Robert Sesnon, Director of Financial and Information Services,will be attending the scheduled meeting to answer any question you might have. Attached is a history of meter consumption and all documentation of the leak being repaired submitted by the customer. The customer has been notified of the next scheduled Intergovernmental Water Board meeting so they may attend if they so desire. Utility Billing Account History Report •� User Name: amanda r City Name: CITY OF TIGARD Printed: 04/25/2007- 4:32:PM Customer Name: EGBERT,SCOTT&SARA Owner name: EGBERT,SCOTT& SARA Account Status: Active Customer Address: 14595 SW TREVOR LN Service Address: 14595 SW TREVOR LN Connect Date: 09/30/2005 Final Date: TIGARD,OR 97224-1372 Home Phone: (303)521-9542 Ext. Total Acct Balance: 0.00 Business Phone: (503)712-2754 Ext. Deposits: 0.00 Refunds: 0.00 Customer Number: 022901 001 Reference Number: 3805030 Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8 Current Balance By Service 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 03/22/2007 Payment -48.14 48.14 02/21/2007 Balance 48.14 48.14 02/21/2007 Billing 48.14 48.14 01/09/2007 Payment -40.35 -40.35 12/2012006 Balance 40.35 40.35 12/20/2006 Billing 41.05 41.05 11/27/2006 Payment -92.9I -92.91 10/25/2006 Balance 92.21 92.21 10/25/2006 Billing 92.21 92.21 09/19/2006 Payment -124.85 -124.85 08/23/2006 Balance 124.85 124.85 08123/2006 Billing 124.85 124.85 08/21/2006 Billing -60.62 Transfer Balances-W -60.62 06/21/2006 Balance 60.62 60.62 06/21/2006 Billing 61.45 61.45 04/19/2006 Balance -0.83 -0.83 04/19/2006 Billing 48.61 48.61 02!22/2006 Balance -49.44 49.44 02/22/2006 Billing 44.82 44.82 12/21/2005 Balance -94.26 -94.26 12/21/2005 Billing 38.36 38.36 11/15/2005 Payment -132.62 -132.62 11/15/2005 Payment -8.87 -8.87 10/26/2005 Balance 8.87 8.87 10/26/2005 Billing 8.87 8.87 UB-Account History List(Printed:04/25/2007- 4:32:PM) Page: I Customer Number: 022901 001 Reference Number: 3805030 Route Sequence Serial 0038-5030-9714 Read Date Reading Consumption 04/19/2007 4,230 716 02/15/2007 3,514 17 12/1512006 3,497 14 1020/2006 3,483 39 08/17/2006 3,444 56 06/16/2006 3,388 25 04/13/2006 3,363 19 02/15/2006 3,344 17 12116/2005 3,327 14 1020/2005 3,313 1 UB-Account History List(Printed: 04/25/2007- 4:32:PM) Page: 2 AFP,-25-2007 WED 03:26 PM FAX N0, P. 01 REQUEST FOR. ADJUSTMENT DUE TO A LEAK The City of Tigard has a policy of issuing partial credits for leaks that are repajred in a timely manner. The city expects leaks to be repaired within ten days of discovery. Credits arc based on your average usage for the same period in previous years. This average is deducted from the total consumption used during the time of the leak. The excess usage is charged at the wholesale rate of water,with the difference between wholesale and resale cost deducted from the utility account as the Credit for Leak IN Please describe the specific circumstances of your request., 0- A0-i (p`l , w,e�e� v-r,)e— pc):�fed ou1� �wlh L✓�+{Cr cfia)f 7'" l .RS �i�4t� cr �laL�. WQ �1�-t'� �+ [1�ti1� (5 -ter) vn-iat '�1P O'ra;��u •nI7"1 0'�Sp� I' f�.�r hod- ��Q / ,�M'�• 'T /f e7a'',C•l` Sp""er Dt' �a,,f�. ,13fJ�:�('�' M pt��v�CC� !C^� opt/��C�� GA+'.�c�-,y �� hC��yUro+� — ty i��1'� �0-'Co 4'li ,jq� ✓a1�f� df- cry oS$ ��*r �J 7/�oSSC'S 7 '! .Sam Cc df �Pa�c� 4. ✓,.,a, .,4- MQ�c- vca�s� �19 �eEt- hecrr�c�) : Z3Q 4 20: 4-23 S Date leak found: f �� -Date leak repaired: c-//Z,/a7 Account#: 02 2 R D 1 -001 Location of Service: 14SgS j_.v,.�T,'NQ.v1 0%' -77zz+ Customer Name: " ..t3t--_t_ Mailing Address: I L69-5 SLS, 7',,r g7Z2 L-- SCt3-52! 954, Sucei address ity SCrtc Zip Phone DOCUMENTATION YOU MUST SUBMIT COPIES OF PLUMBER'S BILIS AND/OR -RE10E�T'S FOIt�'AR`I'S, ItEQ�E IRED'TO FIX`THE I.EAK. FOR OFFICE USE ONLY $2.20 $2.18 $2.56 $2.13 $2.74 - 1.14¢ = 'v� ¢ RES MUR COM IND IRR Maikup j Previous years usages #periods used Average Leak Pctiod Leak cc f Markup Credit Adjustmcnt C Total Credit: S Date Issued: �"� r C� Issued Boa— A r r Builders Board No.2510 lot ___ Plumbing License No 26-25 PB W.O. NO.: ;11lll_/'1ayir- DITEMPLE Comm,1XW.O. DATE: ya�! t MANICAL COWRACTORS SALESMAN KH —o H51IBY.O:ertonSL ORDER BY: SVC TICKET NO � . PaHand Oregon 97209 N a ► 227-2641 DATE c PHONE: I Solarn•Phone:503;'585-7567 ENTERED: I CDp IannonBEcth-P6ani:50a,436-1750 cuss ORD. No INVOICE NO. I__jSeesida-%one:583./738 4313 1893194 DATE mV • BELLED: - o w BILL TO: COST. NO.: SERVICE LOCATION: ry SITE NO.: SITE PHONE: r'� OV 9793 WORK REQUESTED/PROBLEM REPORTED: CATACT: 3�t' rel tb Y�6' o� SERV[CEM DATE DEPART ARRIVE DEPART ARRIVE HRS T CHARG fq QUAN- MATERIALS PROVIDED AMOUNT �`aa eD TERMS OF PAYMENT y ?y J✓� /�dn t x I agree to pay for all work performed wider this authorizaEon upon receipt of invoioe.Invoiced amounts not paid within 30 days are delinquent and shall bear interest at the rate of 1r,z%per month until paid. I also agree to pay DeTemple's reasonable costs of colledna any delinquent amounts Incldd:ng,but not[imiled to,attorneys fees at trial or on appeal regardless of whether suit or ac1.Dn is fled. For Dale ---__-- 0�2� Ga, a4 5ianed Print Signature_ 'e� WORK DONE: C JOS INCOMPLEfE jffJOB COMPLETE MATERIAL TOTAL REMARKS: ❑SEE/ADDITIONAL GDETAIL ON REVERSE. EQUIPMENT RENTAL PLUMBER t FITTER CARTAGE _ / GL �s/��/r J�y mei.J SUBTOTAL _ 3 3 0 loc SALES TAX TOTAL DUE APR-25-2007 WED 03:27 PM _ FAX N0. P. 03 Advanced Leak Detection I P.O.Box 244 Invoice# � Gladstone,OR 97027 503-650-1-EAK(5325) Date G O Fax 503-655-7207 PO#/Claim# Terms C o t✓' CTAS AIR- WaEQ I SEWFR BOVF OR BELOV(;ROUND Service Tech Bill to: S-9 S t J "I re_✓1,r •Phone: S� Z Fax: Mobile* _712-^ Z-7 !�-F Leak and Pipe location service ❑ Fault locating ❑Tape ❑ Leak location service ❑ Claim Investigation ❑ No tape made ❑ Pipe location service ❑ Consulting ❑No tracer wire ❑ Camera and locate service: ❑ Tank location/ ❑Tracer wire broken ❑ Other: ,$Water ❑Irrigation ❑Gas ❑Sanitary sewer ❑Catch basin ❑Boiler/Radiant heat ❑Storm sewer ❑Electric ❑ Other: ❑ Fire ❑Cable ❑ Rain drain ❑Telephone Type of pipe: Method used: ❑ABS ❑Quest ❑Cast Iron ❑ AC pipe .Audio Noultrasonic ❑Visual ❑ Black poly ❑ Big blue ❑Clay ❑Fiberglass I%Radio frequency .Tracer wire ❑Camera APVC ❑3034 plastic ❑Concrete ❑ Glass :Air Water ❑Tracer Gas ❑CPVC ❑Galvanized ❑ Ductile iron ❑Other: ❑Sonde ❑ Infrared ❑ Other: Q Wirsbo ❑Copper ❑ C 900 ❑Vacuum Tested ❑ Pressure tested We do not offer a guarantee on locates other than if not located at point marked we will return for relocate or refund all or a portion of locate cost soYat our discretion.We do not guarantee or warranty locates. 20-6`7 Signature-7" ,. mac-` Date: Comments: a� �, f- rinf Lr Site of Service: O S � �o.lG Contact: SC o+ PO#/Claim# c� Rate; �>nl 1V11-� �s Amount: 25� Payment method: ❑ Cash ❑ Check Visa ❑ Mastercard ❑ American Express ❑ Discover ❑ Other �Of? Check # a175 Amount:4250 Date: Agenda Item No.: S IWB Meeting Date: - n MEMORANDUM ---M� F; TIGARD TO: Intergovernmental Water Board FROM: Amanda L. Bewersdorff,Accounting Supervisor RE: Leonard Logan Jr Account DATE: April 23, 2007 The attached letter requesting additional assistance for a leak is being forwarded to you for your review at the next scheduled meeting on May 9,2007. The method used in calculating the amount of the credit that has been issued was based on existing policy. Mr.Logan was made aware of the leak at his residence on March 28,2007, the same day the meter reading was taken, and he was also able to get the leak repair done that same day without further loss of water. This is rarely done, since July 1993 when I started working with the City's water customers this is the first time I can recall a customer getting a repair,with a leak of this magnitude,completed this fast. Based on consumption history the bill during this period should have been$38.66 for water only and it was$962.66. A credit was issued for the amount of$445.20 on April 13,2007. After this credit was applied the water portion of the utility bill still remaining is$517.46. As indicated in Mr. Logan's letter he is requesting assistance with the remaining amount of his water bill If you have any questions regarding this request,please feel free to call me directly at 503-718-2497. I will be at a softtivare conference during the next scheduled meeting so Robert Sesnon, Director of Financial and Information Services,will be attending the scheduled meeting to answer any question you might have. Attached is the request for additional credit, history of meter consumption,and documentation of the leak being repaired. Mr.Logan has indicated that he is planning on attending this meeting. April 19, 2007 Intergovernmental Water Board c/o Amanda Bewersdorff City of Tigard Financial and Information Services 13125 SW Hall Blvd Tigard, OR 97223 Dear members of the Intergovernmental Water Board: Around 12:30 PM on March 281h Ms. Bewersdorff from the City of Tigard called me at work to let me know that a water meter reader was at my home and that there was a significant leak where the PVC pipe to my home connects to the meter. Ms. Bewersdorff told me the leak was significant enough to warrant the meter reader shutting of the water at the meter. I immediately pulled the yellow pages and began calling plumbers until I found one that could come to my home that afternoon. The plumber came over that afternoon around 3:00 and the leak was repaired. On April 101E I received a water bill for over$1,000 with the water usage portion being$957. With the help of Ms. Bewersdorff, I have filed the appropriate forms with the city to have the city issue a credit of $445 leaving a balance of$589, My normal usage for a two month period is around $130 which when paid will leave a balance of roughly $459. 1 would like to ask the Intergovernmental Water Board to waive this additional $459. 1 acted promptly to have the leak fixed, and there had been no discernable drop in water pressure in the house. There were no exterior signs of a leak such as water pooling up around the meter. I had no idea this leak existed. In the future, I will check the meter every first of the month to look for any movement in the little triangle that would indicate a leak. I would also like to ask the members of the Board to recognize Ms. Bewersdorff for her outstanding customer service in this matter. When the meter reader discovered the leak, she took the time to call me at work. She could have let the meter reader just turn off the water and leave a note for me to find when I got home that evening, but thanks to her, the leak was fixed on the day it was discovered. She has also been instrumental in helping me with the forms and the appeals process to try and secure the credits to my water account. This type of customer service is disappearing in both the public and private sectors and should be nurtured and commended. And my thanks to the Intergovemmental Water Board for hearing my appeal. Sincerely, -Z_15r�� Leonard B. Logan Jr. 10606 SW Windsor Ct Tigard, OR 97223 Customer Number 030873-000 Utility Billing Account History Report -rvi User Name: amanda TIGARD City Name: CITY OF TIGARD Printed: 04/23/2007- 10:22:AM Customer Name: LOGAN JR,LEONARD Owner name: LOGAN JR,LEONARD Account Status: Active Customer Address: 10606 SW WINDSOR CT Service Address: 10606 SW WINDSOR CT Connect Date: 07/01/2005 Final Date: TIGARD,OR 97223 Home Phone: (503)639-1928 Ext. Total Acct Balance: 589.42 Business Phone: (503)226-9315 Ext. Deposits: 0.00 Refunds: 0.00 Customer Number: 030873 000 Reference Number: 2501280 Tran Date Tran Type Amount Description Water Sewer SWM Penalty Mise StrMnt Sery 7 Sery 8 Current Balance By Service 517.46 59.47 8.13 0.00 0.00 4.36 0.00 0.00 04/13/2007 Billing 445.20 Credit Leak 445.20 04/04/2007 Balance 1.034.62 962.66 59.47 8.13 4.36 04/04/2007 Billing 1,034.62 96266 59.47 8.13 4.36 03/05/2007 Payment -130.82 -56.26 -61.54 -8.66 -4.36 01/31/2007 Balance 130.82 56.26 61.54 8.66 4.36 01/31/2007 Billing 130.82 56.26 61.54 8.66 4.36 01/04/2007 Payment -111.48 -45.03 -54.88 -721 -4.36 11/29/2006 Balance 111.48 45.03 54.88 7.21 4.36 11/29/2006 Billing 111.48 45.03 54.88 7.21 4.36 11/15/2006 Payment -112.32 -42.19 -57.90 -7.87 -4.36 10/04/2006 Balance 112.32 42.19 57.90 7.87 4.36 10/04!2006 Billing 112.32 42.19 57.90 7.87 4.36 08/25/2006 Payment -114.12 CHECK -42.19 -59.18 -8.39 -4.36 08/02/2006 Balance 114.12 42.19 59.18 8.39 4.36 08/02/2006 Billing 114.12 42.19 59.18 8.39 4.36 07/06/2006 Payment -114.00 -42.19 -58.93 -852 4.36 05/31/2006 Balance 114.00 42.19 58.93 8.52 4.36 05/31/2006 Billing 114.00 42.19 58.93 8.52 4.36 051012006 Payment -97.46 C14ECK -36.04 -49.85 -7.21 4.36 03/292006 Balance 97.46 36.04 49.85 7.21 4.36 03/292006 Billing 97.46 36.04 49.85 7.21 4.36 02/21/2006 Payment -120.20 44.24 -62.55 -9.05 -4.36 02/01/2006 Balance 120.20 44.24 62.55 9.05 436 02/01/2006 Billing 120.20 44.24 62.55 9.05 4.36 12/19/2005 Payment -99.21 -37.79 -49.85 -7.21 -4.36 11/30/2005 Balance 99.21 37.79 49.85 7.21 4.36 UB-Account History List(Printed: 04/23/2007- 10:22:AM ) Page: 1 Customer Number: 030873 000 Reference Number: 2501280 Tran Date Tran Type Amount Description Water Sewer SWM Penalty Misc StrMnt Sery 7 Sery 8 11/30/2005 Billing 99.21 37.79 49.85 7.21 4.36 11/03/2005 Payment -99.32 -33.74 -53.48 -7.74 4.36 10/058005 Balance 99.32 33.74 53.48 7.74 4.36 10/05/2005 Billing 99.32 33.74 53.48 7.74 4.36 08/30/2005 Payment 40.63 -12.62 -22.66 -3.28 -2.07 08/03/2005 Balance 40.63 12.62 22.66 3.28 2.07 08/03/2005 Billing 40.63 12.62 22.66 3.28 2.07 Route Sequence Serial 0025-0830-9853 Read Date Reading Consumption 03/28/2007 1,076 435 OIP_5/2007 641 23 11/20/2006 618 18 09/26/2006 600 18 07/28/2006 582 18 05/25/2006 564 18 03/218006 546 15 01/252006 531 19 11/17/2005 512 16 09/23/2005 496 15 07/26/2005 481 4 1!B-Account History List(Printed:04/23/2007-10:22:AM) Page: 2 REQUEST FOR ADJUSTMENT DUE TO A LEAK The City of Tigard has a policy of issuing partial credits for leaks that are repaired in a timely 11 manner. The city expects leaks to be repaired within ten days of discovery. Credits are C based on your average usage for the same period in previous years. This average is deducted from the total consumption used during the time of the leak. The excess usage is charged at the wholesale rate of water,with the difference between wholesale and resale cost deducted ' from the utility account as the Credit for Leak Please describe the specific circumstances of your request: aAds -_— Date leak found: 3 ZAr" 7 Date leak repaired: 3^Z 5r- y Account#: � Location of Service: h or..oC" �t6Z t.vA -t-/,sur R.,,L O V>- 7 22 Customer Name: o. Mailing Address: t vcooC�, s'uJ W.AAsv r- C.-F —&t ucr,C D(2- !9'L F Street address City State Zip Phone DOCUMENTATION YOU MUST SUBMIT COPIES OF PLUMBER'S BILLS AND/OR RECEIPTS FOR PARTS, REQUIRED TO FIX THE LEAK. --------------------------------------------------------------------------------------------------------------------------------- FOR OFFICE USE ONLY $2.20 $2.18 $2.56 $2.13 $2.74 - 1.14¢ RES MUR COM IND IRR Markup Previous years usage: �5 #periods used Average Leak Period Leak ccf Marl-up Credit Adjustment Total Credit:$ `e` � Date Issued: 4I CQ7 Issued B . 0( 016 CP OC't�al]C PLEASE REMIT TO: 2000 SE Hanna Harvester Dr. Milwaulde, OR 9722.2 lechanical (503) 656-7400 "COMMITTED TO QUALITY" contrac.'tor•s, 11w,. CCB;! 151807 WORK OODIER'440. SERVICE LOCATION I!n�% NAME / STORE NO. DATE OF SERVICE ADDRESS ✓ PHONE CUSTOMER P.O NO. CITY l STATE ZIP CODE CROSS REF W.O. BILL TO ADDRESS CITY STATE ZIP CODE INVOICE NUMBER ASSIGNED PROBLEM / SYSTEM 0 MAKE: REPORTED BY: MODEL, EMPLOYEE DATE WORK STARTED WORK FINISHED LUNCH S.T. O.T. SN ITEM NO. QTY. MATERIALS USED P.O. 1 PACK. SLIP UNIT AMOUNT WORK PERFORMED TOTAL MATERIALS t (FROM ABOVE} TOTAL ADDITIONAL ITEMS: I CHECK ITEMS APPLICABLE ! ; SorvlceJllem ✓ Amount LABOR(S.T.) 01 Small trlisC Cho 1 02 Lafge Misc Chg LABOR(O.T.) D3 Eva:Pump Dig TRAVEL TIME D4 CO2 Chg COMMENTS D5 Recovery Chg TOTAL LABOR 06 Comp Dispusal`" "'o SALES TAX 07 Rol Oil DlsPosal - oUWeld Chafgu Sm BASE CHARGE REFRIGERANT REPORT YES ❑ NO ❑ LOG BOOK YES ❑ NO ❑ 09 Well Clarge:Lg WORK COMPLETE YESfQ NO ❑ FOLLOW UP PEND. El10FfeonDlsPClip MILEAGE ' ABOVE WORK SATISFACTORILY COMPLETED SEE REVERSE SIDE FOR • • • (�(7 i -�' LIMITED WARRANTY X r •• ••• CUSTOMER COPY'S I Submitted at the IWB Meeting By: Tm eamis Date: J`-- 9-D-�- Agenda Item No.: TENANCY IN COMMON AGREEMENT THIS AGREEMENT is made and effective the day of , by CITY OF TIGARD ("Owner"), CITY OF DURHAM ("Owner"), CITY OF KING CITY, ("Owner"), and TIGARD WATER DISTRICT, ("Owner"). CITY OF TIGARD, CITY OF DURHAM, CITYOF KING CITY, and TIGARD WATER DISTRICT, collectively known as the INTERGOVERNMENTAL WATER BOARD, are hereinafter referred to as the "Owners". The Owners agree as follows: 1. Acquisition of Property. The Owners have acquired certain real and personal property commonly known as THE WATER BUILDING, located at 8777 SW Burnham Street, Tigard, Oregon, and more particulary described as Exhibit "A" attached hereto and incorporated by this reference (the "Property"). 2. Co-Tenancy. The Property has been improved as The Water Building, a building suitable for water district and other public works offices. The intent of the Owners is to enter into a Lease with the CITY OF TIGARD. 3. Business Name. The business of the cotenancy shall be conducted under the name "INTERGOVERNMENTAL WATER BOARD (IWB)". An application for registration of a fictitious business name shall be filed and published as provided by law. 4. Declaration of Ownership. The owners as described intend that their relationship with respect to the Property shall be a tenancy in common. The Owners intend that no provision of this Tenancy In Common Agreement shall be construed as establishing a partnership,joint venture,or any other form of business entity. 5. Ownership Interest. The names of the Owners and their percentage of undivided interests in the Property are as follows: Name Percentage Ownership Tigard Water District % City of Tigard % City of Durham % City of King City % The Property has been acquired by the cotenancy. The Owners shall be responsible for payment of Page 1 - TENANCY IN COMMON AGREEMENT GAmunaTigarMeal EsiateWB DocumenWWBTenancy in CommonAg.doc all financial obligations of the cotenancy in the proportion of their ownership interests. 6. Expenses. The expenses incurred with respect to the Property shall be the obligation of the Owners. Anticipated expenses include, but are not limited to: cost of repairs, maintenance, debt service, taxes, assessments, insurance and property management, and as provided for in the Intergovernmental Agreements. In the event of a conflict between or among the agreements with respect to this Tenancy In Common, this Agreement will prevail. Periodically, the Owners shall determine the extent, if any,of additional funds necessary to provide for the payment of expenses. Each Owner shall pay a portion of the amount necessary to pay expenses equal to the Owners' undivided interests in the Property. Payment shall be made within thirty(30)days for receipt by the Owner of notice of the amount due. 7. Improvements. In the event the Owners shall further improve the Property,each Owner shall be obligated for the costs of such improvements in an amount proportionate to the Owner's undivided interest in the Property, except as may otherwise be provided for in the Lease. The Owners shall determine whether to assess the cotenants for the amount required for said improvements,or to finance said amount as a joint debt of the cotenants. In the event an assessment is made, payment shall be made within thirty (30) days of receipt by the Owner of notice of the amount due. 8. Default. In the event an Owner shall fail to pay his or her obligations within the time prescribed above in the amount due under the terms of this Agreement,the undivided interest of the nonpaying Owner shall be subject to a lien in the amount of the deficiency. The provisions of Section 18 of this Agreement relating to liens shall be applicable to an unpaid obligation of an Owner. 9. Revenue,Expenses and Deductions. Subject to the Management Agreement and to Section 12,the revenues, expenses and deductions from the operation and any sale of the Property shall be shared by the Owners in proportion to their respective undivided interest in the Property. 10. Disbursements. The Owner shall determine if funds are available for disbursement from the operations of the Property and shall direct the Manager hereinafter described to pay said amounts to the Owners in proportion to their respective undivided interests in the Property, subject to the provisions of the Lease and the Intergovernmental Agreement. 11. Proceeds from Sale or Refinance. Proceeds received from any sale or refinancing of the Property,or from the condemnation or destruction of the Property,to the extent that the proceeds are not needed for debt service, anticipated expenses, and reasonable reserves for contingencies as determined by the Owners, shall be disbursed to the Owners in proportion to their respective, undivided interests in the Property. Notwithstanding the foregoing, the Owners may determine to use part or all of said proceeds to reduce or repay any mortgage indebtedness, contract, or other liability incurred in connection with the Property,and to disburse the remaining balance of proceeds, subject to the provisions of the Lease and Intergovernmental Agreement. Page 2 - TENANCY IN COMMON AGREEMENT G:bnondTigarMeal Este,evwB nocumentsHWBTenancy in CommonAg.doc 12. Management. The Owners have each engaged the CITY OF TIGARD.("Tigard")to manage the property under terms and conditions contained in the Intergovernmental Agreement and the Water Building Lease. The Owners agree that Tigard may enter into a separate off-site management agreement with a management company of Tigard's choice as it may approve, for management of the Property. 13. Duties of Propeqy Manager. The City of Tigard shall be responsible for performance of all services and duties as specified in the Water Building Lease.None of the Owners,their agents or representatives,shall be entitled to any compensation for management or other services rendered to or for the Property unless such compensation is expressly authorized by the Owners,and subject to the Lease, and Intergovernmental Agreement. 14. Allocation of Purchase Price on Sale or Other Distribution of Property. The allocation of the purchase price received for any sale of the Property as between real property, improvements and personal property, shall be determined by the IWB and the accountant for the co-tenancy, in consultation with the Owners, who shall be bound by said determination. 15. Liens and Encumbrances. Any lien or encumbrance on an Owner's undivided interest in the Property,including but not limited to,any judicial attachment,any judgment lien,any lien arising out of the order or judgment of any court,any lien in connection with taxes claim due any governmental unit,any lien arising under federal or state bankruptcy or insolvency laws,and any lien arising from non-payment by an Owner of amounts pursuant to the terms of this Agreement,shall be discharged by said Owner, and the undivided interest released, within ten (10) days after the lien is filed or otherwise becomes effective. Failure to discharge the lien and obtain release of the undivided interest within the stated time shall constitute a default of this Agreement. During the term of the default, interest shall accrue on any unpaid balance due the cotenancy at the rate of percent (_____%)per annum. All amounts due, plus interest thereon, shall be immediately due and payable without further demand and notice. In addition to the foregoing,the remaining Owners may agree to revoke the right of the defaulting Owner to vote and manage the affairs of the cotenancy. Any cash distributions which may become payable to a defaulting Owner shall be reduced by the outstanding amounts due plus interest thereon. The remaining Owners shall have the right, but not the obligation,to pay the deficient amount and to obtain release of the lien and to receive reimbursement for the amount of the deficiency plus interest as provided above,from any cash distributions which may become payable to the defaulting Owner. 16. Bonding,of Liens. An Owner whose interest in the Property is subject to a lien may,within days after the lien is filed or otherwise becomes effective, deposit with the remaining Owners cash, a corporate surety bond, or other security satisfactory to the remaining Owners,in an amount sufficient to discharge the lien and all costs,attorneys'fees and other charges which could accrue as a result of a foreclosure or sale under the lien. Upon making said deposit,the Owner shall not be considered in default of this Agreement. Page 3 - TENANCY IN COMMON AGREEMENT rArnumfXTigarcFRea1 Estate\IWB DocomenlsVWBTenancy in CommonAg.doc 17. Waiver of Right of Partition. Each Owner irrevocably waives the right to directly or indirectly maintain an action or petition in any court for a partition of the Property. 18. Restrictions on Sale of the Property. An Owner may sell, convey or transfer the Owner's undivided interest in the Property only in compliance with the terms of this section 19, the Intergovernmental Agreement, and the Water Building Lease (granting first right of refusal to the City of Tigard). Upon the withdrawal of an Owner from the IWB,the remaining Owners shall have authority to act on behalf of the withdrawn Owner. 18.1 Right of First Refusal. No Owner shall sell or transfer the Owner's undivided interest in the Property except as set forth herein and in the Water Building Lease. In no event shall the "selling" Owner offer to sell less than all of the undivided interest. The other Owners shall have a period of thirty(30) days after their actual receipt of the notice to give notice to the selling Owners that they wish to acquire such interest, and sixty (60) days after giving such notice in which to acquire such interest at the price and upon the same terms determined through the process described herein. If the other Owners elect to purchase the interest,they must purchase all and not part of the interest. Each Owner(other than the"selling"Owner)shall have the right to purchase that portion of the offered interest which the non-selling Owner's interest bears to all interests excluding the offered interest. If any Owner or Owners do not elect to purchase a full proportionate share of the interest, the other Owners desiring to purchase may purchase the non-purchasing Owner's share proportionate to their respective interests. The non-selling Owners shall have sole responsibility to determine who shall acquire the offered interest and in what proportions that interest shall be acquired. 18.2 Price.- [specify appraisal process] 18.3 Sale of Water Buildine. Subject to the provisions of the Water Building Lease,the Owners may sell the Water Building upon an affirmative vote of three of the representative Owner jurisdictions. 19. Sale of the Property. Upon the vote of three of the Owners,the Property shall be sold and the net proceeds distributed to the Owners under the terms of Section 11 above. 20. Votes of the Owners. Each Owner shall have a vote equal to the Owner's percentage of undivided interest in the Property.The entire undivided interest of an Owner shall be voted as one unit. 21. Percentage Required for Detemunations. All determinations to be made by the Owners under the terms of this Agreement shall be by a vote of the Owners. Unless specifically provided otherwise,an affirmative vote of three or more of the jurisdiction Owners shall be required for any action to be taken,any determinations to be made,or any authorizations to be given by the Owners under the terms of this Agreement. 22. Manner of Votiniz. All determinations to be made by the Owners shall be made at meetings Page 4 -TENANCY IN COMMON AGREEMENT G .,,.A igar&Rea1 EstateWB DocnmentsWBTenancy in CommonAg.doc or by telephone conferences. However,the Owners may make determinations without a meeting or telephone conference by obtaining the signed, written vote of each Owner. 23. Events of Termination. The cotenancy Agreement shall continue until terminated by the occurrence of one of the following events: the sale of the Property, the majority agreement of the Owners and of the Trust to terminate this Agreement,or the majority Agreement of the Owners and of the Trust to divide and separate the Property among themselves. 24. Effect on Obligations. Termination shall not affect the rights or obligations of the Owners which arise prior to the termination. 25. Notices. All notices shall be in writing and shall be given by registered or certified mail, postage prepaid,addressed to each Owner at the Owner's permanent address,or at such other address as any Owner may hereafter designate in writing delivered to the other Owners. 26. Attorney. In the event of suit, action or arbitration to interpret or enforce any of the terms of this Agreement, including any action under the Bankruptcy laws of the United States, the prevailing party or parties shall be awarded such sum as the court or arbitrator may adjudge reasonable as attorney fees in such suit, action or arbitration and in any appeal or review therefrom. 27. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of each of the Owners,their respective heirs,executors,administrators,legal representatives,successors and assigns. 28. Amendment. This Agreement may be amended at any time by the Owners in the same manner as they make any other determination under paragraphs 22 and 23 of this Agreement. 29. Integration. This Agreement contains the entire Agreement of the Owners and supercedes all prior and contemporaneous agreements between them with respect to the cotenancy. Except as fully set forth herein,there are no presentations,agreements,or understandings,oral or written,among the Owners relating to the cotenancy, except for the Intergovernmental Agreements, and the Lease. 30. Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 31. Governing Law. This Agreement shall be subject to,and governed by,the laws of the state of Oregon. The parties have executed this agreement as of the date first written above. By: By: Page 5 - TENANCY IN COMMON AGREEMENT c:LnunirgarMeal Es1ate\1WB Document9dWBTenancy in CommonAg.doc Submitted at the IWB Meeting By: 71m XalnIS DRAF. Date: ,r- q-d - Agenda Item No.: Zo FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THIS FIRST AMENDMENT TO THIS INTERGOVERNMENTAL AGREEMENT (this "Amendment") is made and entered into as of , 2007, by and between the CITY OF TIGARD, an Oregon municipal corporation, (hereinafter "Tigard") and the Tigard Water District, a domestic water supply district existing under ORS Ch. 264, (hereinafter "District", referred to herein as "the Parties". RECITALS A. The Parties previously entered into that certain INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO TERRITORY WITHIN THE DISTRICT BOUNDARIES dated December 23, 1993 (the "Original IGA") relating to the Parties' cooperative effort to serving the long term water supply needs of the residents in the original District. The term "IGA" means the Original IGA as amended by this Amendment. B. The Parties hereto desire to amend the Original IGA: to further ensure consistency across the jurisdictions among rates and services, to clarify the TWD/IWB votes required to change ownership of District assets, to memorialize a new lease between the District and the City of Tigard, of the District's Water Building, to establish a process for calculating and recording prorated expenses and revenues, and to allow the District/IWB to use proceeds from sales of assets for expenses in addition to capital improvements. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, the receipt and adequacy of which are hereby acknowledged, the Parties hereby amend the Original IGA as follows: 1. Paragraph 5. Asset Ownership/Water Rates/Revenues , B., is replaced with the following: B. The fees, rates and charges charged by Tigard for providing water services to properties, residences and businesses in District shall be the same as those charged within Tigard, and rates shall be consistent among those receiving water services from the District under FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT Page 1 of 2 this IGA Notwithstanding the foregoing, Tigard may impose higher fees, rates and charges for providing water service to properties, residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher fees, rates and charges imposed for providing water service shall be reviewed by the Intergovernmental Water Board prior to taking effect and shall be limited to covering the actual additional costs of providing such service. When higher fees, rates and charges are imposed, they shall be consistently applied in both Tigard and the remainder of the original District, except that at the request of the District, Tigard will collect on behalf of the District additional charges imposed by the District. 2. Paragraph 5. Asset Ownership/Water Rates/Revenues C. (2) Moneys/Revenues, is replaced with the following: (2) Moneys transferred to Tigard as a result of the division of assets after withdrawal from the original District by Tigard which were previously dedicated by the District to system capital improvements shall be used solely for system capital improvement by Tigard in accordance with subsection 5.13, except that the District/IWB may at its discretion, and consistent with voting requirements in Paragraph 3.D. of this IGA, determine that said moneys may be used for other purposes. 3. Paragraph 5., Asset Ownership/Water Rates/Revenues, G. Accounting, is added to as follows: (3) In fulfillment of the IGA intent of reliably and methodically accounting for expenses and revenues, Exhibit B showing allocation of ownership interests is attached hereto and incorporated thereby as the model for documenting the use of assets by the City of Tigard. 4. Paragraph 3. Intergovernmental Water Board. D., shall be amended as follows: D. A quorum of the Board shall be three (3) members. All actions of the board shall require at least three (3) votes, excluding abstentions. Notwithstanding prior agreements no more than three (3) jurisdiction's votes will be required to purchase, sell, or otherwise act with respect to the District's real property assets. FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT Page 2 of 2 Submitted at the IWB Meeting By: Tlkn AFTER RECORDING,RETURN TO: Date: Agenda Item No.: !o Attn: Timothy V. Ramis Ramis Crew Corrigan, LLP 1727 NW Hoyt Street Portland, OR 97209 BARGAIN AND SALE DEED The TIGARD WATER DISTRICT,("Grantor")conveys to the TIGARD WATER DISTRICT, CITY OF TIGARD,CITY OF DURHAM, and CITY OF KING CITY, ("Grantees"), as tenants in common, according to the following proportionate percentages of ownership: CITY OF TIGARD % CITY OF DURHAM % CITY OF KING CITY ) % TIGARD WATER DISTRICT %, the Water Building property, legally described as: Property Description to be Attached (4.05 acres) Subject to any easements, rights of way, and reservations as the same may exist or appear of record. The true consideration for this conveyance is Zero dollars and other valuable consideration. ($0) THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 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 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this day of , GRANTOR: Page 1- BARGAIN AND SALE DEED GAMUN1\TIGARD\REAL ESTATBIWB DOCUMENTS\WATERBUILDINGBARGAIN&SALE DEED.DOO/99) 0 W v � CD DRAFT COMMERCIAL LEASE 3 cD A a v Date: , 2007 y 3 CD c� Between: INTERGOVERNMENTAL WATER BOARD ("Landlord") a 8777 SW BURNHAM STREET v TIGARD, OR 97223 rn CDC 3 CD And: CITY OF TIGARD ("Tenant") o 13125 SW HALL BLVD. I' TIGARD, OR 97223 RECITALS I. The City of Tigard is leasing the Water Building property from the other entities in the IWB and during the period of the lease will pay rents and also assume responsibility for the maintenance of the property. 2. The City of Tigard is performing and paying for certain necessary tenant improvements to the Water Building property. 3. In further consideration of the City of Tigard's contributions to the Intergovernmental Water Board and the Intergovernmental Agreement, the City of Tigard shall retain the First Right of Refusal if the Water Building property is designated as surplus and for sale by the IWB. AGREEMENT Landlord leases to Tenant and Tenant leases from Landlord the following described property (the "Premises") on the terms and conditions stated below: See Attached Exhibit"A" Section 1. Occupancy 1.1 Original Term. The term of this lease shall commence 2007, and continue through December 31,2018, unless sooner terminated or renewed as hereinafter provided. 1.2 P Tenant's s possession and obligations under the lease shall Possession. ant s right to posses g commence on , 2 1.3 Renewal Option. If the lease is not in default at the time each option is exercised P p or at the time the renewal term is to commence,Tenant shall have the option to renew this lease for ? successive terms of ? years each, as follows: (1) Each of the renewal terms shall commence on the day following expiration of the preceding term. (2) The option may be exercised by written notice to Landlord given not less than 120 days prior to the last day of the expiring term. The giving of such notice shall be sufficient to make the lease binding for the renewal term without further act of the parties. Landlord and Tenant shall then be bound to take the steps required in connection with the determination of rent as specified below. (3) The terms and conditions of the lease for each renewal term shall be identical with the original term except for rent and except that Tenant will no longer have any option to renew this lease that has been exercised. Rent for a renewal term shall be the greater of(a) the rental during the preceding term or (b) a reasonable market rent. (4) If the parties do not agree on the rent within 90 days after notice of election to renew, the rent shall be determined by a qualified, independent real property appraiser familiar with comparable commercial rental values in the area. The appraiser shall be chosen by Tenant from a list of not fewer than five such individuals submitted by Landlord. If Tenant does not make the choice within five days after submission of the list, Landlord may do so. If Landlord does not submit such a list within 10 days after written request from Tenant to do so,Tenant may name as an arbitrator any individual with such qualifications. Within 30 days after his ]her] appointment, the appraiser shall return his [her] decision,which shall be final and binding upon both parties. The cost of the appraisal shall be borne equally by both parties. Include this or not? Section 2. Rent 2.1 Base Rent. At the commencement of term,Tenant shall pay to Landlord $ , monthly payments due and payable on the V day of each month. 2.2 Additional Rent. All taxes, insurance costs, utility charges that Tenant is required to pay by this lease, and any other sum that Tenant is required to pay to Landlord or third parties shall be additional rent. Section 3. Use of the Premises -2 - 3.1 Permitted Use. The Premises shall be used for municipal government offices and related activities, and for no other purpose without the consent of Landlord, which consent shall not be withheld unreasonably. 3.2 Restrictions on Use. In connection with the use of the Premises, Tenant shall: (1) Conform to all applicable laws and regulations of any public authority affecting the premises and the use, and correct at Tenant's own expense any failure of compliance created through Tenant's fault or by reason of Tenant's use,but Tenant shall not be required to make any structural changes to effect such compliance. (2) Refrain from any activity that would make it impossible to insure the Premises against casualty, would increase the insurance rate, or would prevent Landlord from taking advantage of any ruling of the Oregon Insurance Rating Bureau, or its successor, allowing Landlord to obtain reduced premium rates for long-term fire insurance policies, unless Tenant pays the additional cost of the insurance. (3) Refrain from any use that would be reasonably offensive to other tenants or owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation of the premises. (4) Refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Landlord. (5) Refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the premises without the prior written consent of Landlord. I 3.3 Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the Premises. Tenant may use or otherwise handle on the Premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the business specified in Section 4.1. Tenant may store such Hazardous Substances on the Premises only in quantities necessary to satisfy Tenant's reasonably anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quality and toxicity of Hazardous Substances used, handled, or stored on the Premises. Upon the expiration or termination of this Lease, Tenant shall remove all Hazardous Substances from the Premises. The term Environmental Law shall mean any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term Hazardous Substance shall mean any hazardous,toxic, infectious or radioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, petroleum oil and its fractions. Review the following in red and make any desired changes: Section 4. Obligations 4.1 Landlord's obligations. Landlord shall be under no obligation to make or perforin any repairs, maintenance, replacements, alterations, or improvements on the Premises. 4.2 Tenant's Obligations. The following shall be the responsibility of Tenant: (1) Repair of interior walls, ceilings, doors,windows, and related hardware, light fixtures, switches, and wiring and plumbing from the point of entry to the Premises. (2) Any repairs necessitated by the negligence of Tenant, its agents, employees, and invitees, except as provided in Section 7.2 dealing with waiver of subrogation, but including repairs that would otherwise be the responsibility of Landlord under Section 5.1. (3) Ordinary maintenance of the heating and air conditioning system and any repairs necessary because of improper maintenance. (4) Any repairs or alterations required under Tenant's obligation to comply with laws and regulations as set forth in Section 4.2(1). (5) All other repairs to the premises which Landlord is not required to make under Section 5.1. Alternative Provision 5.2 5.2 Tenant's Obligations. Tenant, at its expense, shall keep the Premises (including without limitation the roof and exterior paint) in first-class repair, operating condition, working order, and appearance. 5.3 Landlord's Interference with Tenant. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Landlord shall not cause unreasonable interference with use of the Premises by Tenant. Tenant shall have not right to an abatement of rent nor any claim against Landlord for any inconvenience or disturbance resulting for Landlord's activities performed in conformance with the requirement of this provision. 5.4 Reimbursement for Repairs Assumed. If either party fails or refuses to make repairs that are required by this Section 5, the other party may make the repairs and charge the actual cost of repairs to the first party. Such expenditures by Landlord shall be reimbursed by Tenant on demand together with interest at the rate of % per annum from the date of expenditure by Landlord. Such expenditures by Tenant may be deducted from rent and other payments subsequently becoming due or, at Tenant=s election, collected directly from Landlord. Except in an emergency creating an immediate risk of personal injury or property damage,neither party may perform repairs which are the obligation of the other party and charge the other party for the resulting expense unless - 4 - at least 110-451 days before work is commenced, and the defaulting party is given notice in writing outlining with reasonable particularity the repairs required, and such party fails within that time to initiate such repairs in good faith. 5.5 Inspection of Premises. Landlord shall have the right to inspect the Premises at any reasonable time or times to determine the necessity of repair. Whether or not such inspection is made, the duty of Landlord to make repairs shall not mature until a reasonable time after Landlord has received from Tenant written notice of the repairs that as required. Section 5. Alterations 5.1 Alterations Prohibited. Tenant shall make no improvements or alterations on the Premises of any kind without first obtaining Landlord's written consent. All alterations shall be made in a good and workmanlike manner, and in compliance with applicable laws and building codes. As used herein, "alterations" includes the installation of computer and telecommunications wiring, cables, and conduit. Section 6. Insurance 6.1 Insurance Required. Landlord shall keep the Premises insured at Landlord's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage. Tenant shall [bear the expense of any][carry similar] insurance insuring the property of Tenant on the Premises against such risks [but shall not be required to insure]. 6.2 Waiver of Subrogation. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. Section 8. Taxes; Utilities 8.1 Property Taxes. Tenant is a municipal government and statutorily exempt from property taxes, except as may be assessed by appropriate special districts and collected by the county assessor. Tenant shall pay as due all taxes on its personal property located on the Premises, if any. Tenant shall pay as due all real property taxes and special assessments if any, levied against the Premises. As used herein,real property taxes includes any fee or charge relating to the ownership, use, or rental of the Premises, other than taxes on the net income of Landlord or Tenant. 8.2 Special Assessments. If an assessment for a public improvement is made against the Premises, Landlord may elect to cause such assessment to be paid in installments, in which case all of the installments payable with respect to the lease term shall be treated the same as general real property taxes for purposes of Section 8.1. 8.3 Contest of Taxes. Tenant shall be permitted to contest the amount of any tax or assessment as long as such contest is conducted in a manner that does not cause any risk that Landlord's interest in the Premises will be foreclosed for nonpayment. Landlord shall cooperate in any reasonable manner with such contest by Tenant. 8.4 Proration of Taxes, If applicable, Tenant's share of real property taxes and assessments for the years in which this lease commences or terminates shall be prorated based on the portion of the tax year that this lease is in effect. 8.5 New Charges or Fees. If a new charge or fee relating to the ownership or use of the Premises or the receipt of rental therefrom or in lieu of property taxes is assessed or imposed, then, to the extent permitted by law, Tenant shall pay such charge or fee. Tenant, however, shall have no obligation to pay any income, profits, or franchise tax levied on the net income derived by Landlord from this lease. 8.6 Payment of Utilities Charges. Tenant shall pay when due all charges for services and utilities incurred in connection with the use, occupancy, operation, and maintenance of the Premises, including (but not limited to)charges for fuel, water, gas, electricity, sewage disposal, power, refrigeration, air conditioning, telephone, and janitorial services. If any utility services are provided by or through Landlord, charges to Tenant shall be comparable with prevailing rates for comparable services. If the charges are not separately metered or stated, Landlord shall apportion the charges on an equitable basis, and Tenant shall pay its apportioned share on demand. Section 9. Damage and Destruction 9.1 Partial Damage. If the Premises are partly damaged and Section 9.2 does not apply, the Premises shall be repaired by Landlord at Landlord's expense. Repairs shall be accomplished with all reasonable dispatch subject to interruptions and delays from labor disputes and matters beyond the control of Landlord and shall be performed in accordance with the provisions of Section 5.3. 9.2 Destruction. If the Premises are destroyed or damaged such that the cost of repair exceeds [25-50]% ? of the value of the structure before the damage, either party may elect to terminate the lease as of the date of the damage or destruction by notice given to the other in writing not more than? days following the date of damage. In such event all rights and obligations of the parties shall cease as of the date of termination, and Tenant shall be entitled to the reimbursement of any prepaid amounts paid by Tenant and attributable to the anticipated term. If neither party elects to terminate, Landlord shall proceed to restore the Premises to substantially the same form as prior to the damage or destruction. Work shall be commenced as soon as reasonably possible and thereafter shall proceed without interruption except for work stoppages on account of labor disputes and matters beyond Landlord's reasonable control. - 6 - 9.3 Rent Abatement. Rent shall be abated during the repair of any damage to the extent the premises are untenantable, except that there shall be no rent abatement where the damage occurred as the result of the fault of Tenant]. 9.4 Damage Late in Term. If damage or destruction to which Section 9.2 would apply occurs within one year before the end of the then-current term, Tenant may elect to terminate the lease by written notice to Landlord given within 30 days after the date of the damage. Such termination shall have the same effect as termination by Landlord under Section 9.2. Section 11. Liability and Indemnity 11.1 Liens. (1) Except with respect to activities for which Landlord is responsible, Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Premises, and shall keep the Premises free from any liens. If Tenant fails to pay any such claims or to discharge any lien, Landlord may do so and collect the cost as additional rent. Any amount so added shall bear interest at the rate of % ? per annum from the date expended by Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver of any right or remedy which Landlord may have on account of Tenant's default. (2) Tenant may withhold payment of any claim in connection with a good-faith dispute over the obligation to pay, as long as Landlord's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Tenant shall, within 10 days after knowledge of the filing, secure the discharge of the lien or deposit with Landlord cash or sufficient corporate surety bond or other surety satisfactory to Landlord in an amount sufficient to discharge the lien plus any costs, attorney fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. 11.2 Indemnification. Tenant shall indemnify and defend Landlord, and Landlord shall indemnify Tenant, from any claim, loss, or liability arising out of or related to any [negligent] activity of Tenant on the Premises or any condition of the Premises in the possession or under the control of Tenant including any such claim, loss, or liability that may be caused or contributed to in whole or in part by Landlord's own negligence or failure to effect any repair or maintenance required by this lease. Landlord shall have no liability to Tenant for any injury, loss, or damage caused by third parties, or by any condition of the Premises. 11.3 Liability Insurance. Before going into possession of the Premises,Tenant shall procure and thereafter during the term of the lease shall continue to carry the following insurance at Tenant's cost: comprehensive general liability insurance in a responsible company with limits of not Iess than$ -$ for injury to one person,$ - $ for injury to two or more persons in one occurrence, and $ - $ for damage to property. Such insurance shall cover all risks arising directly or indirectly out of Tenant's activities on or any condition of the premises. Such insurance shall protect Tenant against the claims of Landlord on account of the obligations assumed by Tenant under Section 11.2, and shall name Landlord as an additional insured. Certificates evidencing such insurance and bearing endorsements requiring 10 days' written notice to Landlord prior to any change or cancellation shall be furnished to Landlord prior to Tenant's occupancy of the property. Section 12. Quiet Enjoyment; Mortgage Priority 12.1. Landlord's Warranty. Landlord warrants that it is the owner of the Premises and has the right to lease them free of all encumbrances except those set forth on the attached schedule entitled "Exceptions to Title". May or may not need this. Landlord will defend Tenant's right to quiet enjoyment of the Premises from the lawful claims of all persons during the lease term. 12.3 Estoppel Certificate. Either party will, within 30 days after notice from the other, execute and deliver to the other party a certificate stating whether or not this lease has been modified and is in full force and effect and specifying any modifications or alleged breaches by the other party. The certificate shall also state the amount of monthly base rent, the dates to which rent has been paid in advance, and the amount of any security deposit or prepaid rent. Failure to deliver the certificate within the specified time shall be conclusive upon the party from whom the certificate was required that the lease is in full force and effect and has not been modified except as represented in the notice requesting the certificate. Section 13. Assignment and Subletting No part of the Premises may be assigned, mortgaged, or subleased,nor may a right of use of any portion of the property be conferred on any third person by any other means, without the prior written consent of Landlord. This provision shall apply to all transfers by operation of law. Landlord may in its sole and arbitrary discretion not unreasonably withhold or condition such consent. Section 14. Default The following shall be events of default: 14.1 Default in Rent. Failure of Tenant to pay any rent or other charges within l i} days after written notice that it is due. 14.2 Default in Other Covenants. Failure of Tenant to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges)within 15 days after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within the day period, this provision shall be complied with if Tenant begins correction of the default within the 15 day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.3 Insolvency. Insolvency of Tenant; an assignment by Tenant for the benefit of creditors; the filing by Tenant of a voluntary petition in bankruptcy; an adjudication that Tenant is bankrupt or the appointment of a receiver of the properties of Tenant; the filing of any involuntary petition of bankruptcy and failure of Tenant to secure a dismissal of the petition - 8 - within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of Tenant to secure discharge of the attachment or release of the levy of execution within 10 days shall constitute a default. If Tenant consists of two or more individuals or business entities, the events of default specified in this Section 14.3 shall apply to each individual unless within 10 days after an event of default occurs, the remaining individuals produce evidence satisfactory to Landlord that they have unconditionally acquired the interest of the one causing the default. If the lease has been assigned, the events of default so specified shall apply only with respect to the one then exercising the rights of Tenant under the lease. 14.4 Abandonment. Failure of Tenant for ? days or more to occupy the Premises for one or more of the purposes permitted under this lease, unless such failure is excused under other provisions of this lease. Section 15. Remedies of Default 15.1 Termination. In the event of a default the lease may be terminated at the option of Landlord by written notice to Tenant. Whether or not the lease is terminated by the election of Landlord or otherwise, Landlord shall be entitled to recover damages from Tenant of the default, and Landlord may reenter, take possession of the premises, and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages and without having accepted a surrender. 15.2 Reletting. Following reentry or abandonment, Landlord may relet the Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Premises, but Landlord shall not be required to relet for any use or purpose other than that specified in the lease or which Landlord may reasonably consider injurious to the Premises, or to any tenant that Landlord may reasonably consider objectionable. Landlord may relet all or part of the Premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some rent-free occupancy or other rent concession. 15.3 Damages. In the event of termination or retaking of possession following default, Landlord shall be entitled to recover immediately,without waiting until the due date of any future rent or until the date fixed for expiration of the lease term, the following amounts as damages: (1) The loss of rental from the date of default until a new tenant is, or with the exercise of reasonable efforts could have been, secured and paying out. (2) The reasonable costs of reentryand reletting including without limitation the cost of an g g Y cleanup, refurbishing,removal of Tenant's property and fixtures, costs incurred under Section 15.5, or any other expense occasioned by Tenant's default including but not limited to, any remodeling or repair costs, attorney fees, court costs, broker commissions, and advertising costs. (3) Any excess of the value of the rent and all of Tenants other obligations under this lease over the reasonable expected return from the premises for the period commencing on the earlier of the date of trial or the date the premises are relet, and continuing through the end of the term. The present value of future amounts will be computed using a discount rate equal to the prime loan rate of major Oregon banks in effect on the date of trial. 15.4 Right to Sue More Than Once. Landlord may sue periodically to recover damages during the period corresponding to the remainder of the lease term, and no action for damages shall bar a later action for damages subsequently accruing. 15.5 Landlord's Right to Cure Defaults. If Tenant fails to perform any obligation under this lease, Landlord shall have the option to do so after 30 days written notice to Tenant. All of Landlord's expenditures to correct the default shall be reimbursed by Tenant on demand with interest at the rate of ? % per annum from the date of expenditure by Landlord. Such action by Landlord shall not waive any other remedies available to Landlord because of the default. 15.6 Remedies Cumulative. The foregoing remedies shall be in addition to and shall not exclude any other remedy available to Landlord under applicable law. Section 16. Surrender at Expiration 16.1 Condition of Premises. Upon expiration of the lease term or earlier termination on account of default, Tenant shall deliver all keys to Landlord and surrender the Premises in first- class condition and broom clean. Alterations constructed by Tenant with permission from Landlord shall not be removed or restored to the original condition unless the terms of permission for the alteration so require. Depreciation and wear from ordinary use for the purpose for which the Premises are leased shall be excepted but repairs for which Tenant is responsible shall be completed to the latest practical date prior to such surrender. Tenant's obligations under this section shall be subordinate to the provisions of Section 9 relating to destruction. 16.2 Fixtures (1) All fixtures placed upon the Premises during the term, other than Tenant's trade fixtures, shall, at Landlord's option, become the property of Landlord. If Landlord so elects, Tenant shall remove any or all fixtures that would otherwise remain the property of Landlord, and shall repair any physical damage resulting from the removal. If Tenant fails to remove such fixtures, Landlord may do so and charge the cost to Tenant with interest at the legal rate from the date of expenditure. (2) Prior to expiration or other termination of the lease term Tenant shall remove all furnishings, furniture, and trade fixtures that remain its property. If Tenant fails to do so,this shall be an abandonment of the property, and Landlord may retain the property and all rights of Tenant with respect to it shall cease or,by notice in writing given to Tenant within ? days after removal was required, Landlord may elect to hold Tenant to its obligation of removal. If Landlord elects to require Tenant to remove, Landlord may effect a removal and place the property in pubic storage for Tenant's account. Tenant shall be liable to Landlord for the cost of - 10 - removal, transportation to storage, and storage, with interest at the legal rate on all such expenses from the date of expenditure by Landlord. 16.3 Holdover (1) If Tenant does not vacate the Premises at the time required, Landlord shall have the option to treat Tenant as a tenant from month to month, subject to all of the provisions of this lease except the provisions for term and renewal,to eject Tenant from the Premises and recover damages caused by wrongful holdover. Failure of Tenant to remove fixtures, furniture, furnishings, or trade fixtures that Tenant is required to remove under this lease shall constitute a failure to vacate to which this section shall apply if the property not removed will substantially interfere with occupancy of the Premises by another tenant or with occupancy by Landlord for any purpose including preparation for a new tenant. (2) If a month-to-month tenancy results from a holdover by Tenant under this Section 16.3, the tenancy shall be terminable at the end of any monthly rental period on written notice from Landlord given not less than '? days prior to the termination date which shall be specified in the notice. Tenant waives any notice that would otherwise be provided by law with respect to a month-to-month tenancy. Section 17. Miscellaneous 17.1 Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 17.2 Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this lease,the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition for review, and on appeal. 17.3 Notices. Any notice required or permitted under this lease shall be given when actually delivered or 48 hours after deposited in United States mail as certified mail addressed to the address first given in this lease or to such other address as may be specified from time to time by either of the parties in writing. 17.4 Succession Subject to the above-stated limitations on transfer of Tenant's interest, this lease shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 17.5 Recordation. This lease shall not be recorded without the written consent of Landlord. 17.6 Entry for Inspection. With at least 24 hours prior notice to Tenant, Landlord shall have the right to enter upon the Premises to determine Tenant's compliance with this lease,to make necessary repairs to the building or to the Premises, or to show the Premises to any prospective tenant or purchaser, and in addition shall have the right, at any time during the last . t two months of the term of this lease,to place and maintain upon the Premises notices for leasing or selling the Premises. 17.7 Interest on Rent and Other Charges. Any rent or other payment required of Tenant by this lease shall, if not paid within ? days after it is due, bear interest at the rate of ? %per annum (but not in any event at a rate grater than the maximum rate of interest permitted by law) from the due date until paid. In addition, if Tenant fails to make any rent or other payment required by this lease to be paid to Landlord within ? days after it is due, Landlord may elect to impose a late charge of cents per dollar of the overdue 7 payment to reimburse Landlord for the costs of collecting the overdue payment. Tenant shall pay the late charge upon demand by Landlord. Landlord may levy and collect a late charge in addition to all other remedies available for Tenant's default,and collection of a late charge shall not waive the breach caused by the late payment. 17.8 Proration of Rent. In the event of commencement or termination of this lease at a time other than the beginning or end of one of the specified rental periods, then the rent shall be prorated as of the date of commencement or termination and in the event of termination for reasons other than default, all prepaid rent shall be refunded to Tenant or paid on its account. 17.9 Time of Essence. Time is of the essence of the performance of each of Tenants obligations under this lease. 17.10 Oregon Tort Claims Act. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, (ORS 30.260 to 30.300) the Intergovernmental Water Board members shall hold harmless and indemnify each other and their Councilors, employees, agents and volunteers against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from the District's performance of this agreement when the loss or claim is attributable to the acts or omissions of the Districts, their Commissioners, employees, agents and volunteers. Section 18. Arbitration 18.1 Disputes to Be Arbitrated. If any dispute arises between the parties as to a matter which this lease says should be arbitrated, or as to any other question involving apportionment or valuation, either party may request arbitration and appointment as an arbitrator an independent real estate appraiser having knowledge of valuation of rental properties comparable to the premises. The other party shall also choose an arbitrator with such qualifications, and the two arbitrators shall choose a third. If the choice of the second or third arbitrator is not made within 10 days of choosing the prior arbitrator, then either party may apply to the presiding judge of the judicial district where the premises are located to appoint the required arbitrator. 18.2 Procedure for Arbitration. The arbitrator shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrators shall have the effect therein provided. The arbitration shall take place in the county where the leased premises are located. Costs of the arbitration shall be shared equally by the parties,bu teach party shall pay its own attorney fees incurred in connection with the arbitration. - 12 - Section 19. First Right of Refusal No Owner shall sell or transfer the Owner's undivided interest in the Property except as set forth herein in this Water Building Lease. In the event that three(3) out of four(4)of the representative jurisdiction Owners vote to sell the Water Building property,the City of Tigard as Tenant in this Lease shall have the First Right of Refusal, and an appropriate appraisal shall be performed to establish a purchase price. LANDLORD: Intergovernmental Water Board Member Jurisdictions CITY OF TIGARD CITY OF DURHAM CITY OF KING CITY TIGARD WATER DISTRICT TENANT: CITY OF TIGARD Can add LL warranties regarding ability to lease premises, and another clause/uniting LL warranties except regarding the premises f'or leasing. GAniunffigard\Water Budding Lease.doc Submitted at the IWB Meeting By: John C 40d ri& IVen- �� Date: Agenda Item No.: MEMORANDUM TO: Intergovernmental Water Board FROM: John Goodrich, Water Quality/Supply Supervisor RE: Arbor Heights Apartments - Fire Line Leak DATE: May 3, 2007 The attached "Request for Adjustment due to a Leak" requesting assistance for a leak is being forwarded to you for your review and approval as an non-agenda item at the next scheduled meeting on May 9, 2007. The method used in calculating the amount of the credit is based on the existing policy, however the amount of the credit exceeds the $500.00 limit for staff approval. Arbor Heights Apartments is a large multi-family, multiple building complex located on SW Royalty Parkway. Each building has a 3' fire line service that has a leak detection meter located at the backflow device. During an inspection, our staff noted that one of the meters was "turning" indicating a leak. The Arbor Heights Apartments maintenance staff was notified and my office sent a letter to the management of the complex notifying them that the leak needed to be repaired within 14 days and a billing invoice for the amount of $2,771.29 for 1,272.23 ccf water usage was also attached. Arbor Heights Apartments immediately hired American Leak Detection Services to find the fire line leak and also hired Mechanical Services/CPS to make repairs. Arbor Heights Apartments is asking that the billing invoice be reduced to the wholesale water rate in order to make the City "whole" regarding costs related to wholesale water purchases but not be penalized at the retail rate since they were unaware of the leak until it's detection, and then proceeded to take the proper steps to make repairs as quickly as possible. If you have any questions regarding this request, please feel free to call me directly at 503 718-2609. Attached is the "Request for Adjustment Due to Leak", a copy of the billing invoice from City of Tigard and the invoice for repairs from Mechanical Services. PLUMBING Mechanical Services Int'I, L.L.C. WORK ORDER / INVOICE 21185 N.W. Evergreen Parkway, Suite 106 Hillsboro, OR 97124 MANAGEMENT COMPANY DATE OF ORDER (503) 439.9999 = •+0 1 Fax (503) 439-1999 BID ❑ T& M'L). CUSTOMER'S P.O.NUMBER TO r� I=: ✓ i"1 f_t N 1�� , ❑COMPLETED ❑ON GOING ❑NEEDS FOLLOW UP JOB NAME/NUMBER JOB LOCATION CONTACTi; „1 PHONE# f METHOD OF PAYMENT VISA/MC❑ CASH/CHECK❑ ACCOUNT❑ DRIVE TIME START Lw I TIME OF ARRIVAL TIME OF DEPARTURE +- vl . ;.., +A%, A {�f ,`W '1: t i.1• y—. iii G'1 (n r— t' 'f I+ �.:L• !V'�:Sg�, .t T j�.5 +....5^C�'Y✓�. l r^v? 1. d EQUIPMENT LATEDISPOSABLE SUPPLIES SEAL N,CAULrEl C. •Y LOCATION SEALANT,CAULK,P SERIAL# TOTAL MATERIALS MAKE# EM m 77 r. ❑KITCHEN SINK ❑TOILET ❑URINAL qLUMBING REPAIR ❑LAUNDRY LINE ❑MAIN DRAIN ❑GREASE TRAP ❑WATER HEATER ❑WASH BOWL ❑STORM DRAIN ❑FLOOR DRAIN ❑SEWER REPAIR TOTAL LABOR ❑BATH TUB ❑POOL DRAIN ❑FLOOR SINK ❑SHOWER ❑SEPTIC TANK ❑MAIN DRAIN TOTAL OTHER TOTAL MATERIALS REPLACEMENT TOTAL OTHER WDrll Done By Signature TAX I hereby acknowledge the satisfactory completion of the above described work. TOTAL �n Wean. .,., n. ..__......a..,111 h.. ..1.........1 .... ..11 n,,...i.....,i.... .........�.._ _..... nn .._.._ City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 May 3, 2007 PI Arbor Heights Apartments 15199 SW Royalty Parkway Tigard, OR 97224 TIGARD RE: Fire Water Service Line Leak at Building 15045, Arbor Heights Apartments Dear Sir or Madam, Thank you for your diligence in repairing the fire line water service leak for Building 15045. Your office indicated that the repairs were completed on May 2°d. Your office also requested an adjustment on the final billing due to the leak. Attached is a "Request for Adjustment Due to Leak"form that needs to be completed and returned to my office by 4:00 p.m. on Wednesday, May 9`h. The credit of$1,323.12 was calculated by our billing department however, any amount over$500.00 must be approved by the Intergovernmental Water Board, which is meeting on the evening of May 9`h. I will include your request and seek approval as a non-agenda item at that meeting. After approval, our billing office will send you a corrected billing invoice indicating the final read of the water meter times the calculated water rate of$2.18 per hundred cubic feet(748 gallons per unit) less the allowed "leak credit' of$1,323.12 if approved. Again,please complete the forms and attach the necessary documents and return them before the May 9`h IWB meeting so that I can get approval for this credit during this billing period. Should you need any further assistance or have any questions, please contact me at 503 718-2609. Sincerely, John Go rich Water Operations Supervisor Water Division, Public Works Department Phone: 503.639.4171 9 Fax: 503.684.7297 9 www.tigard-or.gov . TTY Relav: 503.684.2772 REQUEST FOR ADJUSTMENT DUE TO A LEAK The City of Tigard has a policy of issuing partial credits for leaks that are repaired in a timely manner. The city expects leaks to be repaired within ten days of discovery. Credits are based on your average usage for the same period in previous years. This average is deducted from the total consumption used during the time of the leak. The excess usage is charged at the wholesale rate of water,with the difference between wholesale and resale cost deducted from the utility account as the Credit for Leak Please describe the specific circumstances of your request: t 1 ac- amc -n) r (a n-n/e i, --W11- 01,L)YIATV W 16010 L1,10,rl_ iii' ;' ( t �fi� ► V- Date leak found: Date leak repaired: '// Account#: Location of Service: G Customer Name: ftw V, - Mailing Address: ` �� I�f �t� f (� �-''1 l 2 2 Street address City St to Zip Phone DOCUMENTATION YOU MUST SUBMIT COPIES OF PLUMBER'S BILLS AND/OR RECEIPTS FOR PARTS, REQUIRED TO FIX THE LEAK. ----------------------------------------------------------------------------------------------------------------------------------- FOR OFFICE USE ONLY $2.20 $2.18 $2.56 $2.13 $2.74 - 1.14¢ = 1 .0qy RES MUR COM IND IRR Markup Previous years usage: #periods used Average Leak Period Leak ccf Markup Credit Adjustment Total Credit:$ ►�� Date Issued: Issued By: q DATE INVOICE NO 04/19/2007 0000680 BILL TO ARBOR HEIGHTS APTS O40R008 ARCHSTONE COMMUNITIES P 0 BOX 182609 COLUMBUS,OH 43218-2609 DUE DATE 05/10/2007 DESCRIPTION QUANTITY RATE AMOUNT PREVIOUS ACCOUNT BALANCE $0.00 Fire Line Wtr Leak-Bldg 15045: 1272.23ccf @$2.18 per ccf 1 $2,771.29 $2,771.29 INVOICE AMOUNT DUE: $2,771.29 TOTAL AMOUNT DUE: $2,771.29 PLEASE DETACH BOTTOM PORTION&REMIT WITH YOUR PAYMENT For questions please contact us at (503)639-4171 Customer Name: ARBOR HEIGHTS APTS O40R008 DUE DATE INVOICE NO Customer No: 008834 Account No: 0004339 -Misc A/R 05/10/2007 0000680 Please remit payment by the due date to: CITY OF TIGARD 13125 SW HALL BLVD TOTAL AMOUNT DUE: $2,771.29 TIGARD,OR 97223 AMOUNT PAID: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 TIGARD FAX TRSM=AL Date May 2,2007 Number of pages including cover sheet 3 Two: ,0 The City of King City(Fax No.503-639-3771) WThe City of Durham(Fax No.503-598-8595) From: Greer Gaston Co: City of Tigard Fax #: 503.684.8840 Ph #: 503.718.2592 SUBJECT: Intergovernmental Water Board Meeting Notice and Agenda MESSAGE: Please post the attached notice and agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. LAENGTAX.00T Intergovernmental Water Board Serving Tigard, h'ircg City, Durham and Unincorporated Area MEETING NOTICE Wednesday, May 9, 2007 5 :30 p.m. Tigard Public Library 2nd Floor Conference Room 13 500 SW Hall Blvd. Tigard, Oregon Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and the Unincorporated Area AGENDA Wednesday, May 9, 2007 Tigard Public Library 5:30 p.m. 2nd Floor Conference Room 13500 SW Hall Blvd. Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to take roll call. 2. Approval of Minutes-April 11, 2007 Motion from the Board to approve the minutes. 3. Public Comments Call for any comments from the public. 4. Egbert Credit for Leak Request- Bob Sesnon (5 minutes) 5. Logan Appeal of Leak Credit- Bob Sesnon (5 minutes) 6. Discussion of Water Building Agreement-Attorney Ramis (20 minutes) 7. Update on Water Supply Options -John Goodrich (5 minutes) 8. Informational Items-John Goodrich 9. Non-Agenda Items Call for non-agenda items from Board. 10. Next Meetings - ■ June 13, 2007, 5:30 p.m. Tigard Public Library, 2nd Floor Conference Room, 13500 SW Hall Blvd., Tigard, Oregon ■ June 19, 2007, Time to be announced Joint Meeting with the Tigard City Council Tigard City Hall, 13125 SW Hall Blvd., Tigard Oregon 11. Adjournment Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 5/2/2007 4 : 30PM Last Transaction Date Time Type Identification Duration Pages Result 05/02 04: 29p Fax Sent 5035988595 1 : 04 3 OK hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 5/2/2007 4 : 28PM Last Transaction Date Time Type Identification Duration Pages Result 05/02 04: 27p Fax Sent 5036393771 1 : 04 3 OK