HomeMy WebLinkAboutCAP022720
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, February 27, 2020
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Melody Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res(1609) Ord (2065)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
V. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
VI. CONSENT AGENDA
A. Approval of February 13, 2020 City Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
IX. ORDINANCES, AND RESOLUTIONS
A. Second Reading - Ordinance No. ___________, Amending the Central Point
Zoning Map from TOD-EC (Employment Commercial) to TOD-GC (General
Commercial) Zoning on 0.99 Acres Located at the Southeast Corner of Haskell
and Pint Streets (37S2W10AA TL 6000 & 6001) (Humphrey)
B. Resolution No. ______, Approving a Two Year extension of the Lease
Agreement Between the City of Central Point and Freel & Associates, LLC
Covering the Premises at 650 East Pine Street (Chamber Offices) (Weber)
X. BUSINESS
A. Little League Report - 2020 (Samitore)
B. Community Center Update (Samitore)
C. Regional Water Rights Strategy Development (Clayton)
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. EXECUTIVE SESSION ORS 192.660 (2) (h) Legal Counsel
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XVI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, February 13, 2020
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Absent
Kelley Johnson Ward II Present
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison;
Finance Director Steve Weber; Community Development Director Tom Humphrey; Parks
and Public Works Director Matt Samitore, Police Captain Dave Croft, and Public Works
Office Assistant Cyndi Weeks were also present.
IV. SPECIAL PRESENTATIONS
1. RVCOG Annual Report
Michael Cavallaro from Rogue Valley Council of Governments reports that members
and employees are staying with RVCOG because the prices of programs has held
and pay for employees is decent.
He updated the Council on the various programs they provide:
Brownfields program is in its 3rd year of helping landowners determine soil quality
of potentially hazardous land.
Senior Salmon Watch is a program for students to help keep track of salmon
population.
Shake-alert earthquake warning program.
GIS drone program.
SOU degree program for aging services.
V. PUBLIC COMMENTS - None
VI. CONSENT AGENDA
6.A
Packet Pg. 3 Minutes Acceptance: Minutes of Feb 13, 2020 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
February 13, 2020
Page 2
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Michael Parsons, At Large
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
A. Approval of January 23, 2020 City Council Minutes
B. Approval of 2020 City Surplus List
C. Jackson County Deadly Physical Force Plan
VII. PUBLIC HEARING
A. Second Reading - Ordinance No. ___________, Amending the Central Point
Zoning Map from TOD-EC (Employment Commercial) to TOD-GC (General
Commercial) Zoning on 0.99 Acres Located at the Southeast Corner of Haskell
and Pint Streets (37S2W10AA TL 6000 & 6001)
Community Development Director Tom Humphrey explained the difference between
Employment Commercial and General Commercial in regards to the property at
Haskell and Pine Streets. General Commercial would allow the owners of said
property to make and sell a product at the location like the connecting buildings on
the block.
Rob Hernandez made a motion to move to second reading An Ordinance
Amending the Central Point Zoning Map from TOD-EC (Employment
Commercial to TOD-GC (General Commercial) Zoning on 0.99 Acres Located at
the Southeast Corner of Haskell and Pine Streets) 37S2W10AA TL 6000 & 6001.
RESULT: 1ST READING [UNANIMOUS]
Next: 2/27/2020 7:00 PM
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
B. Resolution No. __________, A Resolution to Annex 3.44 Acres located at 3664
Grant Road and Identified on the Jackson County Assessor's Map as
372W10BC TL 2200
Community Development Director Tom Humphrey reported that there is a property
on Grant Road that is not within the City limits. There is currently 1 home, an
irrigation pond, and lots of trees on this 3.44 acres. The property owner has asked to
be annexed into the City so he can build a subdivision. This parcel has been in the
UGB since 1985.
Mayor Williams opened the Public Hearing portion of the meeting.
Larry Martin Taylor Road resident
Mr. Martin stated that he fully supports the proposed annexation. He owns property
across the road.
6.A
Packet Pg. 4 Minutes Acceptance: Minutes of Feb 13, 2020 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
February 13, 2020
Page 3
Robin Garnica Mendolia Way resident
Mr. Garnica lives behind the property and is concerned about drainage of the
property during and after construction.
Brett Moore Developer and property owner
Mr. Moore confirmed that an irrigation line will be constructed to code and that they
plan to save as many trees as possible that are currently on the property.
Amy Moore property owner
Mrs. Moore stated that she is determined to keep as many trees on the property as
possible during construction.
Mike Parsons made a motion to approve Resolution No. 1606, A Resolution to
Annex 3.44 Acres located at 3664 Grant Road and Identified on the Jackson
County Assessor’s Map as 372W10BC TL 2200.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
VIII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. ______, Supporting a "No-Build" Option for a Proposed
interchange at Vilas Road and the Rogue Valley Expressway
Community Development Director Tom Humphrey reminded the council that they
had previously discussed a “no” option for the interchange at Vilas. This decision
was based on the fact that costly improvements would need to be made and the
result would affect traffic through Central Point. Central Point, Medford and Jackson
County would be required to help with the cost of the interchange. The City of
Central Point would also be required to make improvements to several intersections
in our City limits and along Table Rock Road.
Melody Thueson made a motion to approve Resolution No. 1607, Supporting a
“No-Build” Option for a Proposed interchange at Vilas Road and the Rogue
Valley.
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
B. Resolution No. ________, Accepting the Lowest Responsible Bid from Express
Excavation, Inc. for the Flannagan Park Parking Lot Project and Authorizing
the City Manager to Execute a Contract
Parks and Public Works Director Matt Samitore reported that the lowest bid for the
parking lot at Flannagan Park came in at $39,900 from Express Excavation, Inc.
6.A
Packet Pg. 5 Minutes Acceptance: Minutes of Feb 13, 2020 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
February 13, 2020
Page 4
Kelley Johnson made a motion to approve Resolution No. 1608, Accepting the
Lowest Responsible Bid from Express Excavation, Inc. for the Flannagan Park
Parking Lot Project and Authorizing the City Manager to Execute a Contract.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
IX. BUSINESS
A. Planning Commission Report
Community Development Director Tom Humphrey reported that other than the above
issues, the Planning staff reviewed risk assessment associated with the Hazard
Mitigation Plan.
RESULT: FOR DISCUSSION ONLY
B. Water Account Change Over Notification Revisions
Finance Director Steve Weber talked about a new letter to be sent to new home
owners of properties with past due water balances that explains the lien process. It
was suggested that either the amount owed or a copy of the final demand letter be
included in each letter.
RESULT: FOR DISCUSSION ONLY
X. MAYOR'S REPORT
Mayor Williams reported that he:
Attended the Medford Water Commission meeting.
Attended the Central Point Chamber of Commerce Denim & Diamonds Awards Dinner.
Attended the Medford Chamber Forum.
Jewett Elementary Kindness Assembly.
Will be meeting with Jeff Gudman, who is running for State Treasurer.
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
Central Point resident Brandon Kimball died in a non-combat incident on Wednesday.
He read into the record a statement explaining his military training.
He met with the Cow Creek Tribe about the proposed Medford Casino.
He attended the Denim & Diamonds Awards dinner.
A Centurylink proposal will be coming for a new franchise agreement.
6.A
Packet Pg. 6 Minutes Acceptance: Minutes of Feb 13, 2020 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
February 13, 2020
Page 5
The drawings for Pine & Hamrick intersection project are looking good.
There are ongoing concerns from a resident about the location of the restrooms at
Bohnert Family Farm Park.
He will be working on the State of the City Address for next month’s newsletter.
He has been working on a memorandum for new council member on-boarding.
XII. COUNCIL REPORTS
Council Member Melody Thueson reported that she attended:
The Chamber Denim & Diamonds Awards dinner.
A Professional Development course for all schools in Central Point.
Council Member Rob Hernandez reported that he attended:
SOU Resource Center visit.
Denims & Diamonds dinner.
Friends of the Fair Foundation meeting.
Council Member Taneea Browning reported that she attended:
Medford Chamber Forum.
Denims & Diamonds dinner.
Skyrman Pinecone on the Go event.
Council Member Mike Parsons reported that he attended:
Planning Commission meeting.
Denims & Diamonds dinner.
Polar Plunge will be on Saturday.
Council Member Kelley Johnson had no report this week.
XIII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
The sidewalk on Scenic around the new Fire Station is finished but they are
waiting on the weather to pave.
The Parks Commission Open House for the Community Center will be Thursday
night.
Police Chief Kris Allison reported that:
6.A
Packet Pg. 7 Minutes Acceptance: Minutes of Feb 13, 2020 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
February 13, 2020
Page 6
There was a shooting on Live Oak Loop. Both victims are alive but the suspect
committed suicide.
There was a threat on Crater High School. After investigating, it was found to
have started through social media. A juvenile was taken into custody and lodged
at JDH for disorderly conduct.
Office Cassidy Walters will graduate from the Academy on the February 14,
2020.
Community Development Director Tom Humphrey reported that:
We are hoping to get the results of the traffic analysis to support the UGB
amendment next week.
We have received building permits for Dominoes, a car wash, and Home Instead.
Finance Director Steve Weber reported that:
The software upgrade for Springbrook has caused a few issues with talking to
the water meter software.
He is working on the Urban Renewal Budget.
XIV. ADJOURNMENT
Mike Parsons moved to adjourn, all said “aye” and the Council Meeting was adjourned
at 8:30 p.m.
The foregoing minutes of the February 13, 2020, Council meeting were approved by the City
Council at its meeting of _________________, 2020.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
6.A
Packet Pg. 8 Minutes Acceptance: Minutes of Feb 13, 2020 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: February 27, 2020
SUBJECT: Second Reading - Ordinance No. ___________, Amending the Central
Point Zoning Map from TOD-EC (Employment Commercial) to TOD-GC
(General Commercial) Zoning on 0.99 Acres Located at the Southeast
Corner of Haskell and Pint Streets (37S2W10AA TL 6000 & 6001)
ACTION REQUIRED:
Ordinance 1st Reading
Ordinance 2nd Reading
RECOMMENDATION:
Approval
Second Reading to consider a Zone (Map) Change application. The zoning is proposed for
change from Employment Commercial (TOD-EC) to General Commercial (TOD-GC). The 0.99
acre area is located on the southeast corner of Haskell and Pine Streets. The Project Site is
identified on the Jackson County Assessor’s map as 37-2W-10AA, Tax Lots 6000 and 6100.
Applicant: City of Central Point. File No. CPA-19008. Approval Criteria: CPMC 17.10, Zoning
Map and Zoning Code Text Amendments; and CPMC 17.65 TOD Districts and Corridors.
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
The City is initiating a minor zone map amendment from Employment Commercial (TOD-EC) to
General Commercial (TOD-GC). This is proposed in order comply with the comprehensive plan
and to realign the zoning designation with proposed uses. The change will allow the future
expansion of the Rogue Creamery, a local business. In consideration of this application, there
are three criteria that must be addressed per CPMC 17.10.400:
1. Comprehensive Plan Compliance. The current land use plan designation for the
property is Commercial, which is designed to accommodate a wide variety of
commercial, office, and tourist uses. Per the Comprehensive Plan Land Use Element,
the proposed General Commercial (TOD) zoning designation would be consistent with
the Commercial classification and abuts properties to the south that are planned and
zoned the same.
2. Compatibility with Surrounding Land Uses and Zoning. The proposed zone map
amendment occurs on two (2) lots on the southeastern corner of Pine and Haskell
Streets. The properties are surrounded by Employment Commercial (TOD-EC) lands to
the north and east, General Commercial (TOD-GC) to the south, MMR (TOD) to the
west, and Civic to the northwest. This includes 5 adjacent industrial tax lots, 2 residential
9.A
Packet Pg. 9
tax lots, and a civic school building.
The project area is occupied by an empty industrial/commercial building that is currently being
used for storage. Although the proposed zone change will allow for the expansion of the Rogue
Creamery within a general commercial district, the character and compatibility between uses as
redevelopment occurs will be a function of siting and design per CPMC 17.67, Design
Standards- TOD District and TOD Corridor.
3. Traffic Impacts/Transportation Planning Rule Compliance. The State Transportation
Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and land
use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map
Amendments) to be consistent with the function and capacity of existing and planned
transportation facilities. The Rogue Creamery is working with a local engineering group
(Ausland) who has evaluated the impact the zone change will have on traffic within the
vicinity (Attachment (“C”). Their conclusion is that the highest trip-generating uses
permitted in the EC zoning district match those in the GC zoning district. Therefore there
is no net increase in Daily Trips by changing one zone category to another in this case.
The Planning Department Supplemental Findings (Attachment “B”) reflect the
conclusions in the engineer’s analysis.
ISSUES:
There are no issues relative to this application.
ACTION:
Consider the second reading of the proposed zoning amendments, and 1) approve the
ordinance; 2) approve the ordinance with revisions; 3) deny the ordinance.
RECOMMENDATION:
Approve the ordinance authorizing the zone change.
ATTACHMENTS:
1. Attachment A - Comprehensive Plan and Zoning Maps
2. Attachment B - Planning Department's Findings
3. Attachment C- Ausland Group Traffic Analysis
4. Attachment D - Planning Commission Resolution
5. Attachment E - City Council Ordinance
9.A
Packet Pg. 10
ATTACHMENT “A”
Figure 1. Current and Future Comprehensive Plan Map
9.A.a
Packet Pg. 11 Attachment: Attachment A - Comprehensive Plan and Zoning Maps (1245 : Commercial Zone Change)
Figure 2. Current Zone Designation
9.A.a
Packet Pg. 12 Attachment: Attachment A - Comprehensive Plan and Zoning Maps (1245 : Commercial Zone Change)
Figure 3. Proposed Zone Designation
9.A.a
Packet Pg. 13 Attachment: Attachment A - Comprehensive Plan and Zoning Maps (1245 : Commercial Zone Change)
ATTACHMENT “B”
FINDINGS OF FACT
AND
CONCLUSIONS OF LAW
File No: CPA-19008
INTRODUCTION
Consideration of a Zoning Map Change of the Project Sites Employment Commercial (TOD)
zoning to General Commercial (TOD).
Background:
The proposed minor zone map amendments are in reference to the Project Site located on the
Jackson County Assessor’s map as 37-2W-10AA, Tax Lots 6000 and 6100. The purpose of the
minor zone map change is to comply with the comprehensive plan but also to change the zoning
to accommodate planned development. The plans are in place for the expansion of the Rogue
Creamery, a local business. Changing the zoning map from Employment Commercial (TOD) to
General Commercial (TOD) would help accommodate this growth. An amendment will help the
area to be developed appropriately and expand in a way that promotes a walkable pedestrian
orientation to the general commercial uses along the western side of the downtown corridor.
These findings are prepared in four (4) parts:
1. Legislative Amendment Procedures (CPMC 17.05.400)
2. Zoning Map and Zoning Text Amendments (CPMC 17.10)
3. City of Central Point Comprehensive Plan
4. Transportation Planning Rule (OAR 660-012-0060(1))
PART 1 –CPMC 17.05.400, QUASI JUDICIAL PROCEDURES
CPMC 17.05.400(A). Pre-Application Conference. A pre-application conference is required
for all Type III applications. The requirements and procedures for a pre-application conference
are described in Section 17.05.600(C).
Finding, CPMC 17.05.400(A): Because the City of Central Point initiated this
application to amend the zoning map, a pre-application conference is not required and
will not be held.
Conclusion, CPMC 17.05.400(A): Not applicable.
CPMC 17.05.400(B)(1). Application Forms. Type III applications shall be made on forms
provided by the community development director or designee for the land development permit
requested.
9.A.b
Packet Pg. 14 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
Finding, CPMC 17.05.400(B)(1): The proposed zoning map amendment is considered a
Minor Amendment per Table 17.05.01 and Section 17.10.300(B). As demonstrated by the
Findings for CPMC 17.05.400, the proposed text amendments have been processed in
accordance with the timelines and requirements for Type III legislative applications.
TABLE 17.05.1
LAND DEVELOPMENT PERMIT*
PROCEDURAL
TYPE
APPLICABLE
REGULATIONS
APPROVING
AUTHORITY
120-
DAY
RULE
Zoning Map and Zoning and
Land Division Code Text
Amendments
Minor Type III Chapter 17.10 City Council Yes
Major Type IV Chapter 17.10 City Council No
Conclusion, CPMC 17.05.400(B)(1): Consistent.
CPMC 17.05.400(B)(2). Submittal Requirements. When a Type III application is required, it
shall include;
a. A completed application form with required attachments;
b. One copy of a narrative statement (findings and conclusions) that explains how
the application satisfies each and all of the relevant criteria and standards in
sufficient detail for review and decision-making. Note: Additional information
may be required under the specific applicable regulations for each approval as
referenced in Table 17.05.1;
c. The required fee; and
d. One set of pre-addressed mailing labels for all real property owners of record who
will receive a notice of the application as required in subsection C of this section.
The records of the Jackson County assessor’s office are the official records for
determining ownership. The applicant shall produce the notice list using the most
current Jackson County assessor’s real property assessment records to produce the
notice list. The city shall mail the notice of application. The failure of a property
owner to receive notice as provided in subsection C of this section shall not
invalidate such proceedings provided the city can demonstrate by affidavit that
such notice was given.
Finding, CPMC 17.05.400(B)(2): The City of Central Point’s application to amend the
zoning map relative to the properties off Pine and Haskell Streets includes the
application form, findings, required fee, and pre-addressed mailing labels.
Conclusion, CPMC 17.05.400(B)(2): Consistent.
9.A.b
Packet Pg. 15 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
CPMC 17.05.400(C). Notification Requirements.
1. Mailed Notice. The city shall mail the notice of the Type III hearing. Notice of a Type III
hearing shall be given by the community development director or designee in the
following manner:
(a) At least twenty days before the hearing date, or if two or more hearings are
allowed, ten days before the first hearing, notice shall be mailed to:
i. The applicant and all owners or contract purchasers of record
of the property on the most recent property tax assessment roll
that is the subject of the application;
ii. All property owners of record on the most recent property tax
assessment roll within two hundred fifty feet of the site,
including tenants of a mobile home or manufactured dwelling
park;
iii. Any governmental agency that is entitled to notice under an
intergovernmental agreement entered into with the city. The
city may notify other affected agencies. The city shall notify
the county road authority, or ODOT, and rail authority when
there is a proposed development abutting or within two
hundred fifty feet of an affected transportation facility and
allow the agency to review, comment on, and suggest
conditions of approval for the application;
iv. Owners of airports in the vicinity shall be notified of a
proposed zone change in accordance with ORS 227.175;
v. Any neighborhood or community organization recognized by
the city council and whose boundaries include the property
proposed for development;
vi. Any person who submits a written request to receive notice;
vii. At the applicant’s discretion, notice may also be provided to
the Department of Land Conservation and Development.
Finding, CPMC 17.05.400(C)(1)(a): The City of Central Point’s application includes a
mailed Notice of a Type III hearing. All applicable parties will be mailed within the
specified timeframe.
Conclusion, CPMC 17.05.400(C)(1)(a): Consistent.
(b) Content of Notice. Notice of a Type III hearing shall be mailed per this
subsection C and shall contain the following information:
i. An explanation of the nature of the application and the
proposed land use or uses that could be authorized for the
property;
ii. The applicable criteria and standards from the zoning and
subdivision code and comprehensive plan that apply to the
application;
9.A.b
Packet Pg. 16 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
iii. The street address or other easily understood geographical
reference to the subject property;
iv. The date, time, and location of the public hearing;
v. A statement that the failure to raise an issue in person, or in
writing at the hearing, or failure to provide statements or
evidence sufficient to afford the decision-maker an opportunity
to respond to the issue prior to the close of the final hearing
means that an appeal based on that issue cannot be raised at the
State Land Use Board of Appeals;
vi. The name of a city representative to contact and the telephone
number and email address where additional information on the
application may be obtained;
vii. A statement that a copy of the application, all documents and
evidence submitted by or for the applicant, and the applicable
criteria and standards can be reviewed at the city of Central
Point City Hall at no cost and that copies shall be provided at a
reasonable cost;
viii. A statement that a copy of the city’s staff report and
recommendation to the hearings body shall be available for
review at no cost at least seven days before the hearing, and
that a copy shall be provided on request at ta reasonable cost;
ix. A general explanation of the requirements to submit testimony,
and the procedure for conducting public hearings; and
x. The following notice:
Finding CPMC 17.05.400(C)(1)(b): The content included within the notices conform
with CPMC 17.05.400(C). This can be validated within the affidavit of publication.
Conclusion CPMC 17.05.400(C)(1)(b): Consistent.
(c) The community development director or designee shall prepare an affidavit of notice
and the affidavit shall be made a part of the file. The affidavit shall state the date that
the notice was mailed to the persons who were sent notice.
Finding CPMC 17.05.400(C)(1)(c): An affidavit will be published in a newspaper for the
proposed zone map amendment, and the DLCD was notified.
Conclusion CPMC 17.05.400(C)(1)(c): Consistent.
2. On-Site Posting. Public notice signs shall be posted on the project site for any Type III land use
action according to the following:
a. Contents of Sign. Notice signs shall include a description of the proposed land use action,
the date of the public hearing, and the City of Central Point file number for the proposed
land use action.
b. Location and Number of Signs. A posted notice sign must be placed on each existing
street frontage of the project site. If a frontage is over six hundred feet long, a notice is
required for each six hundred feet or fraction thereof. Notice signs must be posted within
ten feet of a property line along the street and must be visible to pedestrians and
9.A.b
Packet Pg. 17 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
motorists. Notice signs may not be posted in a public right-of-way unless the land use
action specifically pertains to a public right-of-way. If posting must occur in the right-of-
way, care should be taken to comply with clear vision area requirements as set forth in
Section 17.60.120.
c. Sign Posting Schedule. The required sign(s) shall be posted not later than twenty-one
days prior to the first public hearing date of each body that hears the application. Posted
signs shall be removed within ten days following the final decision.
d. Affidavit of On-Site Posting. The director or designee shall prepare an affidavit of on-site
notice posting and the affidavit shall be made part of the file. The affidavit shall state the
date that the notice was posted, the number of notices posted and the name of the
person(s) who posted the notice.
Finding, CPMC 17.05.400(C)(2): In accordance with Municipal Code Section
17.05.400(C)(2), notice shall be posted on site concerning the Type III land use
action for the zone map amendment.
Conclusion, CPMC 17.05.400(C)(2): Consistent.
D. Conduct of the Public Hearing.
1. At the commencement of the hearing, the hearings body shall state to those in attendance:
a. The applicable approval criteria and standards that apply to the application or
appeal;
b. A statement that testimony and evidence shall be directed at the approval criteria
described in the staff report, or other criteria in the comprehensive plan or land
use regulations that the person testifying believes to apply to the decision;
c. A statement that failure to raise an issue with sufficient detail to give the hearings
body and parties an opportunity to respond to the issue means that no appeal may
be made to the State Land Use Board of Appeals on that issue;
d. Before the conclusion of the first evidentiary hearing, any participant may ask the
hearings body for an opportunity to present additional relevant evidence or
testimony that is within the scope of the hearing. The hearings body shall grant
the request by scheduling a date to finish the hearing (a “continuance”) per
subsection (D)(2) of this section, or by leaving the record open for additional
written evidence or testimony per subsection (D)(3) of this section.
Finding CPMC 17.05.400(D)(1): Public hearings are conducted in accordance
with state public meeting laws and the procedures in this section as evidenced by
the record of proceedings maintained by the City for each meeting including those
duly noticed meetings for this application.
Conclusion CPMC 17.05.400(D)(1): Consistent.
2. If the hearings body grants a continuance, the hearing shall be continued to a date, time,
and place at least seven days after the date of the first evidentiary hearing. An opportunity
shall be provided at the second hearing for persons to present and respond to new written
evidence and oral testimony. If new written evidence is submitted at the second hearing,
9.A.b
Packet Pg. 18 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
any person may request, before the conclusion of the second hearing, that the record be
left open for at least seven additional days, so that they can submit additional written
evidence or testimony in response to the new written evidence.
Finding CPMC 17.05.400(D)(2): Continuations of the public hearing will abide
by the rules and regulations of CPMC 17.05.400.
Conclusion CPMC 17.05.400(D)(2): Consistent.
3. If the hearings body leaves the record open for additional written evidence or testimony,
the record shall be left open for at least seven days after the hearing. Any participant may
ask the city in writing for an opportunity to respond to new evidence submitted during the
period that the record was left open. If such a request is filed, the hearings body shall
reopen the record to allow rebuttal evidence.
a. If the hearings body reopens the record to admit new evidence or testimony, any
person may raise new issues that relate to that new evidence or testimony;
b. An extension of the hearing or record for a Type III application pursuant to this
subsection D is subject to the limitations of ORS 227.178 (“one-hundred-twenty-
day rule”), unless the continuance or extension is requested or agreed to by the
applicant;
c. If requested by the applicant, the hearings body shall allow the applicant at least
seven days after the record is closed to all other parties to submit final written
arguments in support of the application, unless the applicant expressly waives this
right. The applicant’s final submittal shall be part of the record but shall not
include any new evidence. For limited land use decisions, the seven-day period
shall not be subject to the limitations of ORS 227.178 and 227.179;
d. The record shall contain all testimony and evidence that is submitted to the city
and that the hearings body has not rejected;
e. In making its decision, the hearings body may take official notice of facts not in
the hearing record (e.g., local, state, or federal regulations; previous city
decisions; case law). The review authority must announce its intention to take
notice of such facts in its deliberations, and allow persons who previously
participated in the hearing to request the hearing record be reopened, if necessary,
to present evidence concerning the noticed facts;
f. The city shall retain custody of the record until the city issues a final decision and
all appeal deadlines have passed.
Finding CPMC 17.05.400(D)(3): If the record is left open for additional evidence
or testimony, it shall abide by the rules and regulations of CPMC 17.05.400.
Conclusion CPMC 17.05.400(D)(3): Consistent.
4. Participants in a quasi-judicial hearing are entitled to an impartial review authority as free
from potential conflicts of interest and prehearing ex parte contacts (see subsection (D)(5)
of this section) as reasonably possible. However, the public has a countervailing right of
free access to public officials. Therefore:
9.A.b
Packet Pg. 19 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
a. At the beginning of the public hearing, hearings body members shall disclose the
substance of any prehearing ex parte contacts (as defined in subsection (D)(5) of
this section) concerning the application or appeal. He or she shall also state
whether the contact has impaired their impartiality or their ability to vote on the
matter and shall participate or abstain accordingly. Hearing participants shall be
entitled to question hearing body members as to ex parte contacts and to object to
their participation as provided in subsection (D)(5)(b) of this section;
b. A member of the hearings body shall not participate in any proceeding in which
they, or any of the following, has a direct or substantial financial interest: their
spouse, brother, sister, child, parent, father-in-law, mother-in-law, partner, any
business in which they are then serving or have served within the previous two
years, or any business with which they are negotiating for or have an arrangement
or understanding concerning prospective partnership or employment. Any actual
or potential interest shall be disclosed at the hearing where the action is being
taken;
c. Disqualification of a member of the hearings body due to contacts or conflict may
be ordered by a majority of the members present and voting. The person who is
the subject of the motion may not vote on the motion to disqualify;
d. If all members of the hearings body abstain or are disqualified, the city council
shall be the hearing body. If all members of the city council abstain or are
disqualified, a quorum of those members present who declare their reasons for
abstention or disqualification shall be requalified to make a decision;
e. Any member of the public may raise conflict of interest issues prior to or during
the hearing, to which the member of the hearings body shall reply in accordance
with this section.
Finding CPMC 17.05.400(D)(4): Public hearings are conducted in accordance
with state public meeting laws and the procedures in this section as evidenced by
the record of proceedings maintained by the City for each meeting including those
duly noticed meetings for this application.
Conclusion CPMC 17.05.400(D)(4): Consistent.
5. Ex Parte Communications.
a. Members of the hearings body shall not:
i. Communicate directly or indirectly with any applicant, appellant, other
party to the proceedings, or representative of a party about any issue
involved in a hearing without giving notice per subsection (C) of this
section;
ii. Take official notice of any communication, report, or other materials
outside the record prepared by the proponents or opponents in connection
with the particular case, unless all participants are given the opportunity
to respond to the noticed materials.
b. No decision or action of the hearings body shall be invalid due to ex parte
contacts or bias resulting from ex parte contacts, if the person receiving contact:
9.A.b
Packet Pg. 20 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
i. Places in the record the substance of any written or oral ex parte
communications concerning the decision or action; and
ii. Makes a public announcement of the content of the communication and of
all participants’ right to dispute the substance of the communication
made. This announcement shall be made at the first hearing following the
communication during which action shall be considered or taken on the
subject of the communication.
c. A communication between city staff and the hearings body is not considered an ex
parte contact.
Finding CPMC 17.05.400(D)(5): Ex Parte Communications will abide by the
rules and regulations of CPMC 17.05.400(D)(5).
Conclusion CPMC 17.05.400(D)(5): Consistent.
6. Presenting and Receiving Evidence.
a. The hearings body may set reasonable time limits for oral presentations and may
limit or exclude cumulative, repetitious, irrelevant or personally derogatory
testimony or evidence;
b. No oral testimony shall be accepted after the close of the public hearing. Written
testimony may be received after the close of the public hearing only as provided
in subsection (D)(3) of this section;
c. Members of the hearings body may visit the property and the surrounding area,
and may use information obtained during the site visit to support their decision, if
the information relied upon is disclosed at the beginning of the hearing and an
opportunity is provided to dispute the evidence under subsection (D)(5)(b) of this
section.
Finding CPMC 17.05.400(D)(6): The hearings body will follow rules and
regulations within CPMC 17.05.400(D)(6) in regards to presenting and receiving
evidence.
Conclusion CPMC 17.05.400(D)(6): Consistent.
CPMC 17.05.400(E).
1. Basis for Decision. Approval or denial of a Type III application shall be based on
standards and criteria in the development code. The standards and criteria shall
relate approval or denial of a discretionary development permit application to the
development regulations and, when appropriate, to the comprehensive plan for the
area in which the development would occur and to the development regulations
and comprehensive plan for the city as a whole;
9.A.b
Packet Pg. 21 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
Finding CPMC 17.05.400(E)(1): At the __________ meeting, the approval of the
Type III application was based on standards and criteria in the development
code.
Conclusion CPMC 17.05.400(E)(1): Consistent.
2. Findings and Conclusions. Approval or denial shall be based upon the criteria and
standards considered relevant to the decision. The written decision shall explain
the relevant criteria and standards, state the facts relied upon in rendering the
decision, and justify the decision according to the criteria, standards, and facts;
Finding CPMC 17.05.400(E)(2): The approval or denial of the findings were
based upon the criteria and standards deemed relevant to the decision and as set
forth within Municipal Code.
Conclusion CPMC 17.05.400(E)(2): Consistent.
3. Form of Decision. The hearings body shall issue a written decision containing the
findings and conclusions stated in subsection (E)(2) of this section, which either
approves, denies, or approves with specific conditions. The hearings body may
also issue appropriate intermediate rulings when more than one permit or decision
is required;
Finding CPMC 17.05.400(E)(3): On __________, 2020, the hearings body
issued a written decision containing the findings and conclusions stated in
subsection (E)(2) which approved the decision.
Conclusion CPMC 17.05.400(E)(3): Consistent.
4. Decision-Making Time Limits. The written decision for any Type III action
(including an appeal from a Type II decision) shall be filed with the community
development director or designee within ten days after the close of the
deliberation;
Finding CPMC 17.05.400(E)(4): The written decision was filed within the
designated 10 day time limit pursuant to CPMC 17.05.400(E)(3).
Conclusion CPMC 17.05.400(E)(4): Consistent.
5. Notice of Decision. Written notice of a Type III decision shall be mailed to the
applicant and to all participants of record within ten days after the hearings body
decision. Failure of any person to receive mailed notice shall not invalidate the
decision; provided, that a good faith attempt was made to mail the notice.
9.A.b
Packet Pg. 22 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
Finding CPMC 17.05.400(E)(5): Written notice of decision was mailed to the
applicant and to all participants of record within ten days after the hearings body
decision pursuant to CPMC 17.05.400(E)(5).
Conclusion CPMC 17.05.400(E)(5): Consistent.
6. Final Decision and Effective Date. The decision of the hearings body on any Type
III application is final for purposes of appeal on the date it is mailed by the city.
The decision is effective on the day after the local appeal period expires. If an
appeal of a Type III decision is filed, the decision becomes effective on the day
after the local appeal is decided by the hearings body. Appeal process is governed
by Section 17.05.550. An appeal of a land use decision to the State Land Use
Board of Appeals must be filed within twenty-one days after the city council’s
written decision is mailed by the city.
Finding CPMC 17.05.400(E)(6): A decision of the hearings body was made
official on February 27th, 2020 when it was effectively mailed by the City.
Conclusion CPMC 17.05.400(E)(6): Consistent.
F. Extensions. The community development director shall, upon written request by the applicant
and payment of the required fee, grant a written one-year extension of the original or last
extension approval period, provided:
1. The land development permit authorizes extensions;
2. No changes are made to the original application as approved by the city;
3. There have been no changes in the zoning, land division code, or applicable
comprehensive plan provisions on which the approval was based. In the case
where the plan conflicts with a code or comprehensive plan change, the extension
shall be either:
a. Denied; or
b.At the discretion of the community development director, the request for
extension may be re-reviewed as a modification per Section 17.09.400;
4. The extension request is filed on or before the expiration of the original or latest
extension approval per subsection (E)(6) of this section;
5. If the time limit expired and no extension request has been filed, the application
shall be void. (Ord. 2041 §2, 2017; Ord. 2033 §4, 2017; Ord. 1989 §1(part), 2014;
Ord. 1874 §1(part), 2006).
Finding CPMC 17.05.400(F): There were no extensions requested during the
extension approval period.
Conclusion CPMC 17.05.400(F): Consistent.
9.A.b
Packet Pg. 23 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
PART 2- CPMC 17.10, ZONING MAP AND ZONING CODE TEXT AMENDMENTS
17.10.200 Initiation of amendments.
A proposed amendment to the code or zoning map may be initiated either:
A. A resolution by the planning commission to the city council;
B. A resolution of intent by the city council; or for zoning map amendments;
C. An application by one or more property owners (zoning map amendments only), or their
agents, of property affected by the proposed amendment. The amendment shall be
accompanied by a legal description of the property or properties affected; proposed
findings of facts supporting the proposed amendment, justifying the same and addressing
the substantive standards for such an amendment as required by this chapter and by the
Land Conservation and Development Commission of the state. (Ord. 1989 §1(part),
2014).
Finding CPMC 17.10.200: The initiation of amendments was made by the
planning commission to the city council.
Conclusion CPMC 17.10.200: Consistent.
17.10.300 Major and minor amendments.
There are two types of map and text amendments:
A. Major Amendments. Major amendments are legislative policy decisions that establish by
law general policies and regulations for future land use decisions, such as revisions to the
zoning and land division ordinance that have widespread and significant impact beyond
the immediate area. Major amendments are reviewed using the Type IV procedure in
Section 17.05.500.
B. Minor Amendments. Minor amendments are those that involve the application of adopted
policy to a specific development application, and not the adoption of new policy (i.e.,
major amendments). Minor amendments shall follow the Type III procedure, as set forth
in Section 17.05.400. The approval authority shall be the city council after review and
recommendation by the planning commission. (Ord. 1989 §1(part), 2014; Ord. 1874
§3(part), 2006).
Finding CPMC 17.10.300: The proposed zone amendments involve the
application of adopted policy instead of the adoption of new policy. The proposed
amendments will not have widespread or significant impacts and as such are
considered Minor Amendments in accordance with CPMC 17.10.300(B). As
evidenced by the Findings in Part 1 of these Findings, the Minor Amendments are
quasi-judicial and have been processed in accordance with the Type III
procedures set forth in CPMC 17.05.400.
Conclusion CPMC 17.10.300: Consistent.
17.10.400 Approval criteria.
A recommendation or a decision to approve, approve with conditions or to deny an application
for a text or map amendment shall be based on written findings and conclusions that address the
following criteria:
9.A.b
Packet Pg. 24 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
A. Approval of the request is consistent with the applicable statewide planning goals (major
amendments only);
Finding CPMC 17.10.400(A): The proposed zone amendment is not considered a
major amendment.
Conclusion CPMC 17.10.400(A): Not applicable.
B. Approval of the request is consistent with the Central Point comprehensive plan (major
and minor amendments);
Finding CPMC 17.10.400(B): See Part 3 Findings- Central Point
Comprehensive Plan.
Conclusion CPMC 17.10.400(B): Consistent.
C. If a zoning map amendment, findings demonstrating that adequate public services and
transportation networks to serve the property are either available, or identified for
construction in the city’s public facilities master plans (major and minor amendments);
and
Finding CPMC 17.10.400(C): The proposal is for a zone amendment. The area
is currently zoned Employment Commercial, but intends to become General
Commercial. Although the property will be going through a zone change, there
will be no comprehensive plan map changes. Similarly, the area is within the
main downtown corridor and contains adequate public services and
transportation infrastructure.
Conclusion CPMC 17.10.400(C): Consistent.
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule.
(Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.300(B)).
Finding CPMC 17.10.400(D): As demonstrated in Part 5 Findings-
Transportation Planning Rule, the proposed text do not significantly affect
existing or planned transportation facilities.
Conclusion CPMC 17.10.400(D): Consistent.
PART 3- CITY OF CENTRAL POINT COMPREHENSIVE PLAN:
The proposed amendments address land use within the project area near Pine and Haskell
Streets. Applicable policies in the comprehensive plan include those in the Land Use Element.
9.A.b
Packet Pg. 25 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
Land Use Element
Commercial Goal 1: To create an economically strong and balanced commercial sector of the
community that is easily accessible, attractive, and meets the commercial needs of the local
market area.
Commercial Goal 1 Finding: The proposed area currently is along the TOD General
Commercial Corridor. By amending the zoning district, it will balance the commercial lands and
meet the needs of the local market area by realigning the areas purpose with that of the general
vicinity.
Commercial Goal 1 Conclusion: Consistent.
Commercial Goal 2: Continue to pursue implementation of the Downtown and East Pine Street
Corridor urban renewal plan.
Commercial Goal 2 Finding: The proposed zone amendment at the corner of East Pine and
Haskell Streets lies within the boundaries of the Downtown and East Pine Street Corridor urban
renewal plan. Although the plan does not specifically mention the rezoning of the area as a
concern, it does mention economic incentives and projects aimed towards the revitalization of
the area. The relevant goal within the Plan states its intent to, “Make the Area attractive for the
stabilization, expansion, rehabilitation or redevelopment of existing businesses, industries and
housing.” By rezoning the property, projects intended for general commercial uses may acquire
the land and help redevelop the area.
Commercial Goal 2 Conclusion: Consistent.
Commercial Policy 1: Maintain the zoning of all commercial areas of Central Point as necessary
to comply with the Economic Element.
Commercial Policy 1 Finding: The proposed zone amendment is in compliance with the
Economic Element, as well as maintains the zoning of all commercial areas of Central Point. As
described in the Economic Element, one of the three exceptionally competitive and growing
industries within specialty food manufacturing. Because the property is intended for potential
expansion of the Rogue Creamery, this would be considered one of Central Point’s
outperforming niche markets. The rezoning will create adequate zoning lands for the expansion
of this successful industry.
Commercial Policy 1 Conclusion: Consistent.
Commercial Policy 2: Undertake an in-depth study of the downtown business district and
develop a comprehensive improvement plan that would include such considerations as traffic
circulation and off-street parking, pedestrian and bicycle facilities and access, structural design
guidelines, and guidelines for landscaping and signing.
9.A.b
Packet Pg. 26 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
Commercial Policy 2 Finding: The proposed zone change does not involve, or otherwise affect,
the development of an in-depth study of the downtown business district or a comprehensive
improvement plan.
Commercial Policy 2 Conclusion: Not applicable.
Commercial Policy 3: Encourage the development of shared commercial parking areas in the
downtown area to be carried out by the local businesses with City assistance.
Commercial Policy 3 Finding: The proposed zone amendment does not involve, or otherwise
affect, the encouragement of the development of shared commercial parking areas in the
downtown area.
Commercial Policy 3 Conclusion: Not applicable.
Commercial Policy 4: Promote the planned integration of abutting commercial development for
the purpose of more efficient customer parking, better design and landscaping, coordinated
signing, and increased retail sales.
Commercial Policy 4 Finding: The proposed zone amendment does not involve, or otherwise
affect, the promotion of planned integration of abutting commercial developments.
Commercial Policy 4 Conclusion: Not applicable.
Commercial Policy 5: For that section of Highway 99 between Beall Lane and the High School
implement the 99 Corridor Plan to improve the corridor, traffic circulation, and the overall visual
and aesthetic character of the area.
Commercial Policy 5 Finding: The proposed zone amendment does not involve, or otherwise
affect, the implementation of the 99 Corridor Plan to improve the corridor, traffic circulation,
and overall visual and aesthetic character of the area of Highway 99 between Beall lane and the
High School.
Commercial Policy 5 Conclusion: Not applicable.
PART 4- TRANSPORTATION PLANNING RULE
Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged
comprehensive plan, or a land use regulation would significantly affect an existing or planned
transportation facility, the local government shall put in place measures as provided in section
(2) of this rule to assure that allowed land uses are consistent with the identified function,
capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the
facility. A plan or land use regulation amendment significantly affects a transportation facility if
it would:
9.A.b
Packet Pg. 27 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
ATTACHMENT “B”
a) Change the functional classification of an existing or planned transportation facility;
b) Change standards implementing a functional classification system; or
c) As measured at the end of the planning period identified in the adopted transportation
system plan:
(A) Allow types or levels of land uses that would result in levels of travel or access
that are inconsistent with the functional classification of an existing or planned
transportation facility;
(B) Reduce the performance of an existing or planned transportation facility below
the minimum acceptable performance standard identified in the TSP or
comprehensive plan; or
(C) Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance
standard identified in the TSP or comprehensive plan.
Finding Policy: The proposed zone amendment to the corner of Pine and Haskell Streets
from Employment Commercial to General Commercial is minor and will not change the
transportation system in any significant way. This finding is reinforced by the analysis
completed by the Ausland Group and summarized in Attachment “C” of the staff report,
incorporated herein by reference.
Conclusion Policy: Consistent.
9.A.b
Packet Pg. 28 Attachment: Attachment B - Planning Department's Findings [Revision 1] (1245 : Commercial Zone Change)
130 A Street, Ste #6F
Ashland, OR 97520
office: 541.482.0923
321 Mill Street, Ste #3
Eugene, OR 97401
office: 541.345.1094
3935 Highland Avenue
Grants Pass, OR 97526
office: 541.476.3788
WWW.AUSLANDGROUP.COM
WASH: Ausibi906CB ORE: 172333 CALIF: 906735
January 21, 2020
City of Central Point
Tom Humphrey AICP
130 S. 3rd. Street
Central Point, OR 97502
Re: Traffic Impacts of Zone Change for Tax Lots 6000 & 6100 (Map 372W10AA)
Dear Mr. Humphrey,
This letter provides a summary of findings regarding the traffic impact of the pending zone change
for the two properties located at the corner of W. Pine and S. Haskell Streets, (map 372W10AA, tax
lots 6000 and 6100).
BACKGROUND
A zone change application has been submitted for the subject properties, to change from
Employment Commercial (EC) to General Commercial (GC) zoning. The lots are within the Transit
Oriented Development (TOD) district, which includes both EC and GC zonings per Article 17.65.040
Land Use – TOD. Both properties are adjacent to both GC zoned property and EC zoned property
per the below map.
9.A.c
Packet Pg. 29 Attachment: Attachment C- Ausland Group Traffic Analysis (1245 : Commercial Zone Change)
Page 2 of 3
TRIP GENERATION ANALYSIS
The pending zone change requires an assessment of the potential traffic increase from the re-
zone from Employment Commercial (EC) zoning to General Commercial (GC) zoning. Therefore,
we performed an analysis comparing the “highest trip generating use” in both zones to assess the
potentiality of a trip generation increase.
We began by assessing all of the allowed uses in both zones for their trip generation potential, by
matching up the land use category in Table 1 of the TOD District Land Uses (Central Point
Municipal Code), with the most similar classifications in the Institute of Transportation Engineers
(ITE) Trip Generation Manual, 9th Edition. Per our study of the permitted uses in both zones, the
highest trip generating use is the same in each zone, “Retail – Specialty”. Per ITE classifications
(Chart 814, Series 800); Retail – Specialty, is a high trip generating classification. This use relates
closest to the Retail – Sales and Service use which is permitted for both zones under the Central
Point Municipal Code.
Since the highest trip generating use is the same in both zones, we can already conclude that
there is “no impact” on trip generation from the zone change. For clarity, we have summarized
the trip generation “worst-case” land use scenario for both zones on Table A below:
Table A – Estimated Trip Generation; Weekday Daily, and AM and PM Hours
9.A.c
Packet Pg. 30 Attachment: Attachment C- Ausland Group Traffic Analysis (1245 : Commercial Zone Change)
Page 3 of 3
Conclusion
The highest trip-generating permitted use is the same in both Employment Commercial (EC) and
General Commercial (GC) zoning. Therefore there is no increase of traffic impact for the pending
zone change on the subject parcels. This includes no net increase of Daily Trips, no net increase
of AM Peak Hour trips, and no net increase of PM Peak Hour trips.
Per the City of Central Point Municipal Code Article 17.05.900 Traffic Impact Analysis; a traffic
impact analysis (TIA) is required if a non-residential development is projected to generate an
increase in peak hour volume of a particular movement to and from the state highway by twenty
percent or more, or increase in site traffic volume generation of two hundred fifty (250) average
daily trips (ADT) or more. The estimated trip generation differential for the proposed zone change
is zero, and therefore will not require a TIA.
Sincerely,
Kelsy Ausland, PE
Ausland Group, President
EXPIRES: 12/31/2021
9.A.c
Packet Pg. 31 Attachment: Attachment C- Ausland Group Traffic Analysis (1245 : Commercial Zone Change)
ATTACHMENT “D”
Planning Commission Resolution No. 878 (02/04/2020)
PLANNING COMMISSION RESOLUTION NO. 878
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE
CITY COUNCIL TO APPROVE THE MINOR ZONE MAP AMENDMENT FROM
EMPLOYMENT COMMERCIAL (EC) TO GENERAL COMMERCIAL (GC) ON
0.99 ACRES LOCATED AT THE SOUTHEAST CORNER OF HASKELL AND
WEST PINE STREETS.
(37S 2W 10AA Tax Lots 6000 & 6001)
File No. CPA-19008
Applicant: City of Central Point
WHEREAS, the Comprehensive Plan Land Use Map is proposed to re-designate the property
identified by the Jackson County Assessor’s Map as 37S 2W 10AA Tax Lots 6000 & 6001 as
General Commerial; and
WHEREAS, the proposed General Commercial zoning is consistent with the Comprehensive
Plan and surrounding land uses; and
WHEREAS, adequate public services and transportation networks are available to the site;
and
WHEREAS, the proposed zone change from EC to GC has been determined to be consistent
with the State Transportation Planning Rule.
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning
Commission, by this Resolution No. ___, does recommend that the City Council approve the
change of zone on the property identified by the Jackson County Assessor’s Map as 37S 2W
10AA Tax Lots 6000 & 6001. This decision is based on the Staff Report dated February 4,
2020 including Attachments A through D attached hereto by reference and incorporated
herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this
4th day of February, 2020.
_______________________________
Planning Commission Chair
ATTEST:
_______________________________
City Representative
9.A.d
Packet Pg. 32 Attachment: Attachment D - Planning Commission Resolution (1245 : Commercial Zone Change)
1 | Ordinance No. _____ (February 27, 2020)
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP FROM TOD-EC
(EMPLOYMENT COMMERCIAL) TO TOD-GC (GENERAL COMMERCIAL) ZONING
ON 0.99 ACRES LOCATED AT THE SOUTHEAST CORNER OF HASKELL AND PINE
STREETS (37S 2W 10AA TAX LOTS 6000 & 6001)
Recitals:
A. The City of Central Point (City) is authorized under Oregon Revised Statute
(ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and
implementing ordinances consistent with the Statewide Land Use Planning
Goals.
B. The City has coordinated its planning efforts with the State in accordance with
ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals
and compatibility with City Comprehensive Plans.
C. Pursuant to authority granted by the City Charter and the ORS, the City may
amend the Central Point Zoning Map which was originally adopted on August
29, 1980 and has been amended at various times since.
D. Pursuant to the requirements set forth in CPMC Chapter 17.10.100 Zoning
Map and Zoning Code Text Amendments – Purpose and Chapter 17.05.010,
Applications and Development Permit Review Procedures, the City has
accepted an application and conducted the following duly advertised public
hearings to consider the proposed amendment:
a) Planning Commission hearing on February 4, 2020
b) City Council hearings on February 13, 2020 and February 27, 2020.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Based upon all the information received in the record, the City Council
adopts the findings of fact and conclusions of law set forth in the City staff report as
Attachment “B” incorporated herein by reference; determines that changing community
conditions, needs and desires justify the amendments and hereby adopts the changes
entirely.
Section 2. The City zoning map is hereby amended as set forth in Exhibit 1 which
is attached hereto and by this reference incorporated herein.
9.A.e
Packet Pg. 33 Attachment: Attachment E - City Council Ordinance [Revision 1] (1245 : Commercial Zone Change)
2 | Ordinance No. _____ (February 27, 2020)
EXHIBIT 1
Section 3. The City Manager is directed to conduct post acknowledgement
procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning
and Comprehensive Plan maps.
Section 4. Effective date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
Passed by the Council and signed by me in authentication of its passage this
_____ day of _____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.A.e
Packet Pg. 34 Attachment: Attachment E - City Council Ordinance [Revision 1] (1245 : Commercial Zone Change)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: February 27, 2020
SUBJECT: Resolution No. ______, Approving a Two Year extension of the Lease
Agreement Between the City of Central Point and Freel & Associates,
LLC Covering the Premises at 650 East Pine Street (Chamber Offices)
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: In January 2017, the City Council approved a new agreement
with the Central Point Chamber of Commerce for the operation of the Visitors Information
Center. While the operating agreement has an automatic 2-year extension, the lease
agreement associated with the office space expired on December 31, 2019. City staff has
worked with the property owners, Freel & Associates, LLC to negotiate a 2-year extension
agreement of the lease covering the premises at 650 East Pine Street. The extension covers a
two year period beginning January 1, 2020, and ending December 31, 2021. The at a monthly
rent/lease amount is $1,312.50 ($1.25/sq.ft.).
FINANCIAL ANALYSIS: Economic Development;
Goal 1- Diversify the City’s local economy and economic base.
Strategies: (g) Encourage the development of tourism in partnership with local Chambers of
Commerce.
LEGAL ANALYSIS: The proposed Chamber of Commerce/Visitors Information Center lease
agreement extension has been reviewed and approved by the City Attorney.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A
STAFF RECOMMENDATION: Adopt resolution approving a 2-year extension (January 1, 2020
– December 31, 2021) of the lease agreement between the City of Central Point and Freel &
Associates, LLC covering the premises located at 650 East Pine Street.
9.B
Packet Pg. 35
RECOMMENDED MOTION: I move to approve resolution number ____ approving a 2-year
extension (January 1, 2020 – December 31, 2021) of the lease agreement between the City of
Central Point and Freel & Associates, LLC covering the premises located at 650 East Pine
Street.
ATTACHMENTS:
1. First Amendment to Lease - Extension Agreement
2. Original Lease Agreement
3. RESO Central Point Chamber Lease Extension Agreement
9.B
Packet Pg. 36
DocuSign Envelope lD: D31B17D6-224E-4DD9-A94D-CA20EE1F4DDo
FIRST AMENDMENT TO LEASE
EXTENSION AGREEMENT
THIS AGREEMENT is made this first day of February ,2020 by and between C. David Freel, doing
business as, FREEL & ASSOCIATES LLC, hereinafter referred to as "Lessoro' and the City of Central Point, (an
Oregon municipal cooperation) hereinafter referred to as "Lessee". This is the FIRST extended term ofthe original
lease dated January 13,2017.
RECITALS:
WHEREAS, Lessee and Freel & Associates, LLC, entered into a Lease dated January 13,2017 (the
"Original Lease") covering the premises located at 650 East Pine St., Central Point, Oregon (as more fully described
in the Original Lease as the "Premises");
A.Lessee now desires to reinstate/renew or extend said Lease on the terms and conditions set forth
herein for an additional twenty four (24) months.
NOW, THEREFORE, for the reasons recited above and in consideration of the following mutual promises
and covenants, the parties hereby agree as follows:
EXTENSION. The parties hereby agree to extend or renew the term of the Lease attached
hereto as Exhibit "A" for an additional 24-month term. This extension renewal term will be from
January l, 2020 and shall terminate at midnight December 31, 2021 .
RENTAL. Beginning with the payment due on March 1, 2020 the parties agree that the basic rent
forsaidproperlyisthesumof$1312.50 (1.251sq.ft)permonth. Thisshallbepaidonorbefore
the first day of each month.
CONTINUATION. Unless otherwise modified or amended by the terms of this Agreement all
other terms and conditions of the aforementioned Commercial Lease Agreement, attached as
Exhibit o'A" shall remain in full force and effect and binding between the parties. This includes
Lessee's obligation to pay basic rent and all other costs, charges and expenses called for pursuant
to the terms of the said Lease.
2.
J
Page I of2
9.B.a
Packet Pg. 37 Attachment: First Amendment to Lease - Extension Agreement (1248 : Central Point Chamber Lease Extension Agreement)
DocuSign Envelope I D: D31 81 7D6-224E-4DD9-A94D-CA20EE1 F4DD6
4. RECITALS. The parties hereby incorporate by reference the recitals set forth above.
5. ATTORNEY FEES. In the event a suit or action is hled concerning this Agreement then the
. prevailing party shall be awarded their reasonable attomey fees as set by the trial court, or if on
appeal, by the appellate court.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above
written.
LESSOR:
C. DAVID FREEL, dbA:
d$$$SShrES, LLC
By c- N,l*;n Vq*J
Its: Managing Member
Date L/30/2020
LESSEE:
City of Central Point
Chris Clayton
Date
Its: City Manager
C
Page2 of2
9.B.a
Packet Pg. 38 Attachment: First Amendment to Lease - Extension Agreement (1248 : Central Point Chamber Lease Extension Agreement)
LEASE
THIS Lease ("Lease"), is made and entered into as of this / 34 auvof January, 2017
("Efflective Date'), by and between Freel & Associates,LLC ("Lessor"), and the City of Central
Point, an Oregon municipal corporation ("Lessee"). Lessee and Lessor are sometimes
collectively referred to herein as the "Parties'o and individually as a *Party."
Article I
AGREEMENT TO LEASE
Lessor owns cercain real estate, including land and improvements, commonly known as
650 East Pine Street, Central Point, Jackson County, Oregon (the "Property"), as shown and
legally described on Exhibit A. Lessor hereby agrees to lease to Lessee, and Lessee hereby
agrees to lease from Lessor, a portion of the Property as follows.
Article 2
PREMISES2,1 Description
Lessor hereby leases to Lessee, on the terms and conditions stated below, certain space
consisting of approximately 1050 squtre feet (Chamber:850 sq. ft./ Visitor Center 200sq.ft.)
of indoor space (the "Premises") in the building ("Building") located within the Property,
together with all improvements located in, or to be made thereto by either Lessor or Lessee, in
the Premises. The Premises represents a9o/o (1050/11264\ proportionate share of the Property.
The Premises is shown on Exhibit B. Lessor makes no warranty as to the exact square footage of
the Premises.
2.2 Permitted Use
Lessee will use the Premises only for the following purpose: Office and visitor center
("Permitted Use'n). No other use may be made of the Premises without the prior written approval
of Lessor.
2.3 Compliance with Laws end Regulations
Lessee will comply with all applicable state, federal, and local laws, ordinances, rules,
and regulations, including but not limited to, local fire codes, zoning regulations, and occupancy
codes. Lessee will promptly ptovide to Lessor copies of all communications to or from any
government entity that relate to Lessee's noncompliance, or alleged noncompliance, with any
laws or other government requirements impacting the Premises.2.4 Limits on Use
Lessee will not use, nor permit anyone else to use, the Premises in a manner, nor permit
anything to be done in the hemises, that (a) adversely impacts, or is likely to adversely impact,
the Premises, the Property, or any element or part of the Premises or the Property, or the
operations of the Premises or the Property; ft) creates any condition that is a safety hazard; (c)
creates a condition that may increase the rate of fire insurance for the Premises or the Property or
would prevent Lessor from taking advantage of any ruling of an insurance rating bureau that
would allow Lessor to obtain reduced rates for its insurance policies, or violates any
requirements of Lessee's insurance carrier; or (d) creates ahazard or a nuisance to other tenants
or occupants of the Property.2.5 Condition of Premises / No Warranties
Lessor makes no warranties or representations regarding the condition of the Premises or
the Property, including, without limitation, the suitability of the Premises for intended uses or the
9.B.b
Packet Pg. 39 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
condition of the improvements. Lessee has inspected and accepts the Premises in its "AS IS"
oondition upon taking possession. Lessor will have no liability to Lessee, and Lessee will have
no claim against Lessor, for any damage, iqi,rry, or loss of use oaused by the condition of the
Premises or the Property. Lessee is solely responsible for thoroughly inspecting the Premises and
ensuring that it is in compliance with all laws.2.6 Lessor'g Meintenence / Repair Obligation
Lessor is responsible for maintaining the stnrctural integrity of the Building exterior
walls, foundation, roof, heating and cooling system, sprinkler system, and any shared loading
docks and doors unless damage is caused by Lessee. Lessee will promptly notiff Lessor of any
damages or noticed defect to any of the foregoing.2,7 Americans with Disabilities Act
Compliance with the Americans with Disabilities Act ("ADA") is dependent on Lessee's
specific use ofthe Premises. Lessor makes no warranties or representations about whether the
Premises comply with the ADA or any similar state or local legislation. In the event that
Lessee's use of the Premises requires modifications or additions to the Premises to achieve ADA
or other similar law compliance, Lessee agrees to make any such necessary modifications,
additions, or both at Lessee's expense.
Article 3
TERM3.1 Initial Term
The term of this Lease will commence on January t,2017 (the "Commencement Date"),
and continue for a lease term of 36 months, expiring on l)ecember 31,20l9("Expiration
Date"), unless sooner terminated under the terms of this Lease ("Initial Lease Term"). As used
herein "Lease Term" means the Initial Lease Term and, if extended, also includes the Extension
Term.3.2 Extension Option
If the Lessee is not then in Default of this Lease (as defined in Article 12), Lessee will
have an option to extend the Initial Lease Term ("Extension Option") for up to ONE additional
TWO year renewal tsrm, on the same terms and conditions as herein provided, except for the
Basic Rent, which will be increased at the beginning of any Extension Term as set forth in
Article 4. An Extension Option may be exercised by written notice given to Lessor not less than
90 days, nor more than 120 days before the expiration of the Initial Lease Term or any Extension
Term. Failure to exercise any Extension Option will terminate any subsequent Extension
Option(s).
Artiele 4
RENT4.1 Basic Rent Amount and Due Date
The base monthly rent ("Basic Rent") for the Initial Lease Term is $1200.00. Basic Rent
is due and payable coilrmencing on the Commencement Date and on the first day of each and
every month thereafter dwing the Lease Term.42 Additional Rent
This Lease is a "modified gross lease" meaning that unless otherwise specifically
provided herein, Lessee is responsible to pay all taxes, associated with the Premises, with those
charges being billed annually by Lessor to Lessee commencing with the amount due on the
November 2016 ta,r bill. l,essee will pay Lessee's proportionate share (9%) of tanes. All amounts
9.B.b
Packet Pg. 40 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
due hereunder in addition to the Basic Rent are deemed "Additional Rent." Any reference to
"Rent" herein includes Basic Rent and Additional Rent.4.3 Basic Rent Rate Esceletion
Basic Rent will shall be increase on each anniversary of the Commencement date by 2%
("Minimum Escalation") or by the CPI-U increase, whichever is greater. CPI-U increase shall be
calculated by determining the percentage that the CPI-U index increased during the prior 12
months. The CPI-U index shall mean the CPI-U for Portland, Oregon. The index base period
shall be 1982-1984:100. Any successive Extension Terms shall be increased in the same
manner, with the Minimum Escalation or the CPI-U increase applied to the previous Extension
Term's Basic Rent.4.4 Security Deposit
4.4.1 Amount of Security Deposit
Upon execution of this Lease, Lessee will deposit \Mith Lessor and continuously maintain
a "Security Deposit" in the amount of $800,00 (This has been prepaid with previous lease and is
already credited to lessee)
4.4.2 Use of Security Deposit
The Secwity Deposit secures Lessee's full and faithful perforrnance and observance of all
of Lessee's obligations under this Lease and under any other written agreement between Lessee
and Lessor specifically refening to the Security Deposit. The Security Deposit will not be
considered to be held in trust by Lessor for the benefit of Lessee, may be commingled with other
funds of Lessor, and will not be considered an advance payment of Rent or a measure of Lessor's
damages in the case of an Event of Default (defined in section t2.l)by Lessee. Lessor may, but
will not be obligated to, after 10 days' advance written notice is delivered to Lessee in
accordance with section 17.9, draw on and apply the Security Deposit (including all interest
eamed thereon) to: (a) pay any delinquent Basic Rent or other Rent not paid within the
applicable time period, if any, under section l2.l.l; and/or (b) remedy any violation of this
Lease, after Lessee has received notice and oppornrnity to cure under section 12.1.2, if a notice
and opportunity to cure is required under this Lease. If Lessor applies any of the Security
Deposit to any of the above, Lessee will, immediately upon demand, replenish the Security
Deposit to its full amount. If Lessee fully performs all of its obligations under this Lease, the
Security Deposit, or any balance remaining thereof, will be returned to Lessee within 30 days
after the Expiration Date or eadier termination of this l,ease and delivery of the Premises back to
Lessor. However, if a reasonable question exists concerning Lessee's full compliance with this
Lease, or if there is any obligation under this Lease to be performed after the Expiration Date or
earlier termination of this Lease, Lessor may require that the Security Deposit remain in place
until Lessor is satisfied that there has been no violation of this Lease and all obligations due
under this Lease have been fuliy performed, even if it takes Lessor longer than 30 days to make
such a determination to Lessor's reasonable satisfaction.4.5 Taxes
Lessee agrees to pay, on or before the date they become due, Lesseeos proportionate share
of all taxes, assessments, special assessments, user fees, and other charges, however named, that,
after the Effective Date and before the expiration of this Lease, may become a lien or that may
be levied by any state, county, city, district, or other governmental authority on the Premises, any
interest of Lessee acquired under this Lease, or any possessory right that Lessee may have in or
to the Premises by reason of its occupancy thereol as well as all tanes, assessments, user fees, or
other charges on all property, real or personal, owned or leased by Lessee in or about the
9.B.b
Packet Pg. 41 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
Premises (collectively, "Taxes"), together with any other charge levied wholly or partly in lieu
thereof. Ta:<es are considered Additional Rent under this Lease. All Taxes are paid to the taxing
authority by Lessor and are paid to Lessor by Lessee annually when billed by Lessor.4.6 Operating Expenses and Utilities
Lessee will promptly pay any and all charges for telephone, Intemet, and all other
charges for utilities or services that may be furnished directly to the Premises.
Lessor has no responsibility to provide any utility services to the Premises that are not
already in place. If additional services are required, Lessee will obtain Lessor's permission for
their installation, at Lessee's sole cost and expense. Lessee will have access to the utility
corridors of the Building as needed.4.7 Common Areas
The "Common Areas" consist of certain unleased areas and facilities outside the Premises
and within the exterior boundary line of the Property and interior utility raceways and
installations that are designated by Lessor to be for the general nonexclusive use of Lessor,
Lessee, all other tenants of the Property. The Common Areas include but are not limited to
parking areasi, certain loading and unloading areas, garbage and debris disposal areas, roadways,
walkways, driveways, and landscaped areas. Lessee has the nonexclusive right to use, in
common with others entitled to such use, the Common Areas as they exist from time to time,
subject to any rights, powers, and privileges reserved by Lessor under the terms hereof. Under no
circumstances does the right to use the Common Areas include the right to store any property,
either temporarily or permanently, in the Common Areas. Any such storage will be permiued
only by the prior written consent of Lessor and may be revoked at Lessor's convenience. If any
unauthorized storage occurs, Lessor will have the absolute right, without notice and in addition
to the other rights and remedies that it may otherurise have at law or under this Lease, to remove
the property to Lessee's Premises or a storage area and to charge the cost to Lessee, which cost
will be immediately payable upon demand by Lessor. The removal will not be considered any
form of bailment.
4.7.1 Lessor's Authority over Common Arcas
Lessor has the exclusive control, management, and maintenance of the Common Areas
and has the right to establish, modi$, amend, and enforce rules and regulations for the
management, safety, care, and cleanliness of the Common Areas, the parking and unloading of
vehicles, and the preservation of good order, as well as for the convenience of other occupants or
tenants ofthe Building and the Property and their invitees. Lessee agrees to abide by and
conform to such rules and regulations, and will use its best efforts to cause its employees,
suppliers, shippers, customers, contractors, and invitees to so abide and conform. Lessor will not
be responsible to Lessee for any noncompliance with any rules and regulations by other tenants
of the Property. Lessor has the right, in Lessor's sole discretion, from time to time: (a) to make
changes to the Common Areas, including, without limitation, changes in the location, size,
shape, and number of driveways, entrances, parking spaces, parking are€Is, loading and unloading
af,eas, landscaped areas, walkways, and utility raceways, and changes to the ingress, egtess, and
direction of naffic; (b) to close any of the Common Areas temporarily for maintenance pulposes
as long as reasonable access to the Premises remains available; (c) to designate land outside the
current boundaries of the Property to be a part of the Common Areas; (d) to add additional
buildings and improvements to the Common Areas; (e) to utilize the Common Areas as Lessor
deems appropriate while engaged in making additional improvements, repairs, or alterations to
the Property, or any portion thereof; and (0 to perform any other acts and make any other
9.B.b
Packet Pg. 42 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
changes in, to, or with respect to the Common Areas and Property as Lessor may, in the exercise
of reasonable business judgment, deem to be necessary or appropriate.4.8 Late Charge
If Lessee fails to pay any Rent required to be paid under this Lease within l0 days after it
is due, there shall be a late charge of 5 percent of the overdue payment. In addition to the late
charge, all amounts of Rent past due will bear interest at a "Delinquency Rate" of 12 percent per
annum from the due date until paid in full.4,9 Time and Place of Peyments
Lessee will pay Lessor Basic Rent monthly, in advance, and on the first day of the month
without abatement, deduction, or offset. Additional Rent will be paid on or before the due date.
Payment of all Rent will be made to Lessor to the address set forth in section 17.9 or such other
place as Lessor may designate in accordance with the requirements of section 17.9.
4.10 Acceptance of Rent
Lessor's acceptance of a partial payment of Rent will not constitute a waiver of any
Event of Default (defined in section l2.l), nor will it prevent Lessor from exercising any of its
other rights and remedies granted to Lessor under this Lease, by law, or in equity. Any
endorsements or statements on checks of waiver, compromise, payment in full, or any other
similar restrictive endorsement will have no legal effect. Lessee will remain in violation of this
Lease and will remain obligated to pay all Rent due, even if Lessor has accepted a partial
payment of Rent. Acceptance of a late but full payment of Rent (including Rent plus all interest
due thereon at the Delinquency Rate) will constitute a waiver and satisfaction of that late
payment, violation, or Default only and will not constitute a waiver of any other late payment,
violation, or Default.
Article 5
LESSEE OBLIGATIONS5.1 Repairs end Maintenance
Lessee is responsible for all maintenance, repair, replacement, and refirbishment of the
Premises, including all impovements thereon, including but not limited to: interior walls,
flooring, ceilings, doors & windows and related hardware, light fixtures, switches, wiring and
plumbing from point of entry to premises, built in cabinetry, whether owned by Lessor or
Lessee, except those items set forth in section 2.6, which are Lessor's responsibility unless
damaged due to Lessee's negligence, failure to perform its repair and mainterumce
responsibilities, improper performance of repair and maintenance responsibilities, or misuse of
the Premises (including overloading the floors or improperly sfiessing the roof supports), and in
that case Lessee will be assessed for the damage caused by Lessee. Lessor will also maintain the
Common Areas, as more particularly described in sections 4.7.1 and 4.7.2 above. Lessor has no
other maintenance obligations to Lessee. If work performed by Lessor is required due to the
negligence, neglect, or misconduct of Lessee, Lessee will promptly reimbuse Lessor the cost of
the work, plus interest thereon at the Delinquency Rate from the date the expense was incurred
by Lessor until reimbursed by Lessee. Other than routine and customary repairs and
maintenance, Lessee acknowledges that Lessee does not have the right to make any alterations to
the hemises without the prior written consent of Lessor. Lessee will keep the Premises in good
repair and clean condition, free and clear of accumulation of rubbish, debris, scrap materials, and
Iitter. l.essee will ensure that no Hazardous Substance release occurs on the Premises at any
time, as more particularly described in section 11.1.7. Lessee will commit no waste on the
Premises or in the Common Areas.
9.B.b
Packet Pg. 43 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
5.2 Construction of Improvements
Lessee will undertake no constuction, alteration, or changes on or to the Premises,
without the prior written consent of Lessor. In some cases, construction bonding may be required
by Lessor, in Lessor's reasonable judgment. Lessee will notiff Lessor of any construction or
repair work that might disturb any existing asbestos or lead paint if present, and Lessor will
cooperate with Lessee to provide requested information concerning the same. Any construction
or work on the Premises that could cause disruption to lead paint or asbestos must be done only
after receipt of the prior wriffen consent of Lessor, and any disruption must be conducted striotly
in accordance with all applicable environmental, health, safety, and disposal laws and
regulations. Lessor will have no construction obligations except to maintain those systems
described in section 2.6.
5.3 Notice of Nonresponsibility
At least three days before commencing any approved work on the Premises that may give
rise to a right to place a statutory lien on the Premises, Lessee will give written notice to Lessor
of the date on which any such work is to commence so that Lessor may post, at appropriate
places, statutory notices of nonresponsibility.5.4 No Liens
Lessee agrees to pay, when due, all sums for labor, services, materials, supplies, utilities,
furnishings, machinery, or equipment that have been provided or ordered with Lessee's consent
to the Premises. If any lien is filed against the Premises that Lessee wishes to prctest, then
Lessee will immediately notiry Lessor of the basis for its protest and must deposit cash with
Lessor, or procure a bond acceptable to Lessor, in an amonnt sufficient to cover the cost of
removing the lien from the Premises. Failure to remove the lien or furnish the cash or a bond
acceptable to Lessor within 15 days will constitute an Event of Default (defined in section 12.1)
under this Lease, lrssor will be entitled to satisff the lien without further notice to Lessee, and
Lessee will immediately reimburse Lessor for any sums paid to remove any such lien.5.5 Lessor Access to Premises
Lessor and its respective agents have the right to enter the Premises for the purposes of:
(a) confimring the performance by Lessee of all obligations under this Lease, (b) doing any other
act that Lessor may be obligated ot have the right to perform under this Lease, and (c) for any
other laurfi,rl purpose. Such entry will be made on reasonable advance notice and during normal
business hours, when practical, except in cases of emergency or a suspected violation of this
Lease or the law. Lessee waives any claim against Lessor for damages for any injury or
interference with Lessee's business, any loss of occupancy or quiet enjoyment of the Premises,
or any other loss occasioned by the entry except to the extent caused by the gross negligence or
willful misconduct of Lessor. Lessor will use rEasonable efforts to disturb Lessee's opemtions as
little as reasonably possible during any of Lessor's repair and maintenance work. Lessee will
provide Lessor with keys to all gates and doors in, on, or about the Premises, and Lessor will
have the right to use any and all means that Lessor may deem reasonable to open the gates and
doors in an emergency to obtain entry to the Premises.
5.6 Safety Requirements
I,-essee will conduct its operations, activities, and duties under this Lease in a safe manner
and in compliance with all safety standards imposed by applicable federal, state, and local laws
and regulations. Lessee will require the observance of the foregoing by all subconfiactors and all
other persons hansacting business with or for the Lessee in any way connected with the conduct
of Lessee under this Lease. Lessee will exercise due and reasonable care and caution to prevent
9.B.b
Packet Pg. 44 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
and control fire on the Premises and to that end will provide and maintain fire suppression
equipment approved by FM Global or an equivalent insurance company and other fire protection
equipment as may be required under applicable governmental laws, ordinances, statutes, and
codes for the pu{pose of protecting the improvements adequately and restrioting the spread of
any fire from the Premises to any property adjacent to the Premises, all at Lessee's sole cost and
expense. Lessee will be solely responsible for provision and maintenance of fire extinguishers,
but not for sprinkler systems. Lessee will, however, promptly notiff Lessor if Lessee observes
any problems relating to the sprinkler system and will do nothing to damage or disable the
sprinkler system or any smoke detectors located within the Premises or Property.5.7 Signs
Lessee will not erect, install, nor permit on the Premises any sign or other advertising
device without fitst having obtained Lessor's written consent. Lessee will remove all signs and
sign hardware upon termination ofthis Lease and restore the sign location to its former state,
unless Lessor, in its sole option, elects to retain all or any portion of the signage.5.8 Continuous Operations
During the Lease Term, Lessee will continuously maintain its operations on the Premises
and will advise Lessor, in uniting, if Lessee intends to cease operations for any period long than
15 consecutive days. During any period when Lessee is not operating on the Premisesn Lessee
will nonetheless be required to abide by and comply with all provisions of this Lease. Lessee will
not abandon the Premises.
Afticle 6
SECURITY AND SANITATION
6.1 Security
Lessee acknowledges that numerous other parties and tenants occupy or have access to
the Property and that Lessee is solely responsible for any and all its property located on the
Premises or within the Property. Lessee waives any claim against Lessor for any loss or damage
to Lessee's property. Lessor will not be responsible for the actions of any other tenants or other
third parties who may come onto the Property or the Premises.6.2 Handling of Trash
Lessee will be responsible for the adequate sanitary handling of all trash and other debds
for the Premises and will provide for its timely removal to the holding area designated by Lessor.
Lessee will gather, sort, and transport all garbage, refuse, and recyclable materials as needed
from the Premises. Lessee will provide and use suitable fireproof receptacles for all tash and
other refuse temporarily stored on the Premises. Lessee will not permit boxes, cartons, banels,
pallets, scrap piles, or other similar items to be piled or stored in the Common Areas or within
view of the Common Areas unless otherwise approved, in writing, by Lessor. Lessee will
cooperate with Lessor in the implementation of any recycling program that Lessor may have in
place from time to time. Lessee will not allow trash or debris of any nature to accumulate on the
Premises and will store all trash and debris in a manner that will prevent it ftom being a health or
safety hazaxd or creating an unsightly condition in and around the Premises.
Article 7
INSURANCE REQUIREMENTS7.1 Insurance Amounts
Insurance requirements set forth below do not in any way limit the amount or scope of
liability of Lessee under this [,ease. The amounts listed indicate only the minimum amounts of
9.B.b
Packet Pg. 45 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
insurance coverage that Lessor is willing to accept to help ensure full performance of all terms
and conditions of this Lease. All insurance required of Lessee by this Lease must meet all the
minimum requirements set forth in this Article 7.7,2 Certificates; Notice of Cencellation
On or before the Commencement Date, Lessee will provide Lessor with certificates of
insurance establishing the existence of all insurance policies required under this Lease.
Thereafter, Lessor must receive notice of the expiration or renewal of any policy at least 30 days
before the expiration or cancellation of any insurance policy. No insurance policy may be
canceled, revised, terminated, or allowed to lapse without at least 30 days prior written notice to
Lessor. Insurance must be maintained without any lapse in coverage continuously for the
duration of this Lease. Cancellation of insurance without Lessor's consent will be deemed an
immediate Event of Default (defined in section l2.l) under this Lease. Lessee will give Lessor
certified copies of Lessee's policies of insurance promptly upon request.7.3 Additional Insured
Lessor will be named as an additional insured in each required liability policy and, for
purposes of damage to the Premises, as a loss payee. The insurance will not be invalidated by
any act, neglect, or breach of confract by Lessee. On or before the Commencement Date, Lessee
must provide Lessor with a policy endorsement naming Lessor as an additional insured as
required by this Lease.7.4 Primery Coverage and Deductible
The required policies will provide that the coverage is primary, and will not seek any
contibution from any insurance or self-insurance carried by Lessor. Unless otherwise approved
in writing and in Lessor's sole discretion, the deductible on any insurance policy cannot exceed
$5,000.00.7.5 Company Ratings
All policies of insurance must be written by companies having an A.M. Best rating of
"A" or better, or the equivalent. Lessor may, upon 30 days written notice to Lessee, require
Lessee to change any carrier whose rating drops below an (64." rating.
7.6 Required Insumnce
At all times dwing this Lease, Lessee will provide and maintain the following types of
coverage:
7,6.1. General Liahility Insurance
Lessee will maintain a commercial general liability policy (including coverage for broad
form contractual liability, sudden and accidental spill coverage on land and on water, and any
personal injury liabiliry) for the protection of Lessee, and insuring Lessee and Lessor against
liability for damages because of personal injury, bodily injury, death, or damage to property,
including loss of use thereof, and occurring on or in any way related to the Premises or
occasioned by reason of the operations or actions of Lessee. All such coverage must name Lessor
as an additional insured. All such coverage must be in an amount not less than $1,000,000.00 per
occurence and $2,000,000.00 arurual aggregate for bodily inj,rry and property damage for all
coverage specifi ed herein.
7.6.2 Workers' Compensation Insurance
Lessee will maintain, in full force and effect, Workers' Compensation insurance for all
Lessee's employees, including coverage for employer's liability, as required by Oregon law.
9.B.b
Packet Pg. 46 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
7.7. Weiver of Subrogation
Lessee and Lessor each waive any right of action that they and/or their respective
insurance carriers might have against Lessor for any loss, cost, damage, or expense (collectively
"Loss") to the extent that the Loss is covered by *y property insurance policy or policies
required to be maintained under this Lease and to the extent that the proceeds (which proceeds
are free and clear of any interest of third parties) are received by the party claiming the Loss.
Lessee and Lessor also waive any right of action they and/or their insurance carriers might have
against Lessor or Lessee (including their respective employees, officers, or agents) for any Loss
to the extent the Loss is a property loss covered under any applicable automobile liability policy
or policies required by this Lease. If any of Lessee's or Lessor's property or automobile
insurance policies do not allow the insured to waive the insurer's rights of subrogation before a
Loss, each will cause the policies to be endorsed with a waiver of subrogation that allows the
waivers of subrogation required by this section 7.7. Nothing contained herein will be construed
to relieve Lessee from any Loss suffered by Lessor that is not fully covered by Lessor's
insurance described in Article 8. Lessee will be liable for any uninsured Loss (including any
deductible) ifthe Loss was caused by any act or omission of Lessee or any of Lessee's
employees, agents, contractors, or invitees.
Article 8
LESSOR INSURANCE
Lessor will maintain liability insurance for the Property, as generally described in section
7.6.1, in addition to, and not in lieu of the insurance required to be maintained by Lessee. Lessee
will not, however, be named as an additional insured on the policy. Lessor will obtain and keep
in force a policy or policies of insurance in the name of Lessor, with loss payable to Lessor and
to any lender insuring loss or damage to the Building shell and Lessor-owned improvements
located within the Building and Common Areas. The amount of the insurance must be equal to
the full insurable replacement cost of Lessor-owned Common-Area improvements and the
Building shell, foundation, roof systems, loading docks, and doors, excluding Lessee's
improvements (including Lessee-added utilities), as the same will exist from time to time, or the
amount required by any lender, but in no event more than the commercially reasonable and
available insurable value thereof. Lessee-owned or installed improvements, alterations, utility
installations, trade fixfures, and personal property will all be insured by Lessee for their firll
instrable value. Lessor may elect to self-insure or partially self-insure. Lessor may also elect not
to insure certain elements ofthe Common Areas if insurance coverage is not available at a
commercially reasonable cost to the Building shell, foundation, or Building system.
Article 9
DAMAGE ORDESTRUCTION
In the event of partial or full damage or desfiuction to the Premises or the Property, the
following will apply:
9.f Definitions
9.1.1 Partial l)amage*Partial Damage'o means damage or destruction that can reasonably be repaired in 6
months or less from the date of the damage or destnrction. Lessor will notif Lessee in writing
within 30 days from the date of the damage or destuction about whether the damage is partial or
total. Partial Damage does not include damage to windows, doors, or other similar
improvements, or systems that Lessee has the responsibility to repair or replace under the
provisions of this Lease.
9.B.b
Packet Pg. 47 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
9.1.2 Total Destruction*Total Destnrction" means damage or destruction to the Building shell, foundation, roof
or building systems that cannot reasonably be repaired in 6 months or less from the date of the
damage or desfuction. Lessor will notiff Lessee in writing within 30 days from the date of the
damage or destnrction about whether the damage is partial or total.
9.1.3 Insured Loss
"Insured Loss" means damage or destruction to improvements on the Premises that was
caused by ao event required to be covered by Lessoros insurance described in Article 8,
inespective of any deductible amounts or coverage limits involved.
9.1.4 Replecement Cost
"Replacement Cost" means the cost to repair or rebuild the improvements owned by
Lessor at the time of the occurrence to their condition existing immediately prior thereto (or to a
higher standard if required by curent applicable law), including demolition and debris removal
and without deduction for depreciation.
9.1,5 Hazerdous Substsnce Conditionn'Hazardous Substance Condition" means the occurrence or discovery of a condition
involving the presence of, or a contamination by, a Hazardous Substance as defined in section
I 1.1.6, in, on, or under the Premises or Building, that requires repair, remediation, or restoration.9.2 Partial Demag*Insured Loss
If a Partial Damage that is an Insured Loss occurs, then Lessor will, at Lessor's expense,
repair the damage (but not to Lessee's frade frxtures or Lessee's other improvements) as soon as
reasonably possible, and this kase will continue in firll force and effect. Notwithstanding the
foregoing, if the required insurance was not in force, Lessor will promptly contribute the
shortage in proceeds as and when required to complete the repair. If, however, there is a shortage
of proceeds due to the fact that, by reason of the unique natue of the Building, full-replacement
cost insurance coverage was not commercially reasonable and available, Lessor will have no
obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of
the Premises unless Lessee provides Lessor with the funds to cover same within l0 days
following receipt of wriuen notice of the shortage and request therefor. If Lessor receives the
frrnds within the lO-day period, Lessor will complete the repairs as soon as reasonably possible,
and this Lease will remain in full force and effect. If the funds are not received, Lessor may
nevertheless elect by written notice to Lessee within l0 days thereafter to: (a) make such
restoration and repair as is commercially reasonable with Lessor paying any shortage in
proceeds, in which case this Lease will remain in full force and effect; or (b) have this Lease
terminate 30 days thereafter. Lessee will not be entitled to reimbursement of any firnds
contributed by Lessee to repair any such damage or destruction. Lessee will be responsible to
make any repairs to any of its own improvements to the Premises, including all of is trade
fixtues.9.3 Pertiel Damage-Uninsured Loss
If a Partial Damage that is not an Insured Loss occurs to the Building, unless caused by a
negligent or willful act of Lessee (in which event Lessee will make all the repairs at Lessee's
expense), Lessor may either: (a) repair the damage as soon as reasonably possible at Lessor's
expense, in which event this Lease will continue in full force and effect; or O) terminate this
Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge of
the occurrence of the damage. The termination will be effective 60 days following the date of the
notice. If Lessor elects to terminate this Lease, Lessee will have the right within l0 days after
9.B.b
Packet Pg. 48 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
receipt of the termination notice to give written notice to Lessor of Lesseeos commifirnent to pay
for the repair of the damage without reimbursement from Lessor. Lessee will provide Lessoi
with the funds within 30 days after making such commitnent. In that event, this Lease will
continue in frrll force and effect, and Lessor will proceed to make the repair as soon as
reasonably possible after the required funds are available. If Lessee does not provide funds, this
Lease will terminate as of the date specified in the termination notice. To the extent that damages
to the Common Areas constifute an Uninsured Loss, Lessor may elect to repair those damages
and recover the uninsured portion thereof through CAM Charges. If the uninsured damage was
caused by the negligence or misconduct of Lessee, Lessor will have the right to recover Lessor's
full damages from Lessee.9.4 Totel Destruction
If Total Desfuction occurs, this Lease will tenninate 30 days following the destruction. If
the damage or destruction was caused by the negligence or misconduct of Lessee, Lessor will
have the right to recover all of Lessor's damages from Lessee, except as provided in the waiver
of subrogation as set forttr in section 7.7, less any deductible, and including all Basic Rent that
would otherwise have been due through the end of the Lease Term, mitigated only to the extent
required by state law.9.5 Damage near End of Lease
If at any time during the last six months ofthis Lease there is damage for which the cost
to repair exceeds one monthos Basic Rent, whether or not an Insued Loss, Lessor may terminate
this Lease effective 60 days following the date of occurrence of the damage by giving a written
termination notice to Lessee within 30 days after the date of occurrence of the damage.
Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this
Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising the
optiorl and (b) providing Lessor with any shortage in insurance proceeds needed to make the
repairs on or before the earlier of (i) the date that is 10 days after Lessee's receipt of Lessor's
written notice purporting to terminate this Lease, or (ii) the day before the date on which the
option expires. If Lessee duly exercises the option during such period and provides Lessor with
funds to cover any shortage in insurance proceeds, Lessor will, at Lessor's commercially
reasonable expense, repair the damage {!s soon as reasonably possible, and this Lease will
continue in full force and effect. If Lessee fails to exercise the option and provide the firnds
during such period, then this Lease will terminate on the date specified in the termination notice
and Lessee's option will be extinguished.9,6 Abatement of Rent; Lessee's Remedies
9.6.1 Abatement
In the event of Partial Damage, Total Deshuction, or a Hazardous Substance Condition
for which Lessee is not responsible under this Lease, the Basic Rent payable by Lessee for the
period required for the repair, remediation, or restoration of the damage will be abated in
proportion to the degree to which Lessee's use of the Premises is impaired. All other obligations
of Lessee hereunder will be perfiormed by Lessee, and Lessor will have no liability for any such
damage, destruction, remediation, repairo or restoration, except as provided in section 9.6.
9.6.2 Remedies
If Lessor is obligated to repair or restore the Premises and does not commence, in a
substantial and meaningful way, the repair or restoration within 90 days after the obligation
accrues, Lessee may, at any time before the commencement of the repair or restoration, give
written notice to Lessor of Lessee's election to terminate this Lease on a date not less than 60
9.B.b
Packet Pg. 49 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
days following the giving of the notice. If Lessee gives the notice and the repair or restoration is
not commenced within 30 days thereafter, this Lease will terminate as of the date specified in the
notice. If the repair or restoration is commenced within 30 days, this Lease will continue in frrll
force and effect. "Commence'o means either the unconditional authorization of the preparation of
the required plans, or the beginning of the actual work on the Premises, whichever first occurs.
9.7 Waivcr of Certain Altemative Rights
To the extent allowed by law, Lessor and Lessee agree that the terms of this Lease will
govem the effect of any damage to or destruction of the Premises and Property with respect to
the termination of this Lease and hereby waive the provisions of any present or future statute to
the extent inconsistent herewith.
Article l0
TERMINATION OF LEASE
Upon termination of this Lease, Lessee will deliver all keys to Lessor and surrender the
Premises broom clean, in good condition, ordinary wear and tear excepted. Alterations
constructed by Lessee with permission from Lessor are not to be removed or restored to the
original condition urless required by Lessor, as provided in section 10.1. All repairs for which
Lessee is responsible will be completed before the surender.
10.1 Title to Lessee Improvement$ upon Termination
All improvements, excluding Personal Property (defined in section 10.2) and Lessee
trade fixtures, located on the Premises at the expiration or earlier termination of this Lease, will,
at Lessor's option, become the sole property of Lessor. Notwithstanding the foregoing, Lessor
reserves the right, in its sole discretion, to require Lessee to remove some or all the
improvements placed on the Premises by Lessee from the Premises upon termination of this
Lease. Lessor will give Lessee at least 30 days' advance written notice of the need to remove any
improvements. Thereafter, Lessee will have the longer of 30 days after such notice is given or
the last day of the Lease Term to remove the improvements that Lessor has designated for
removal. Rent will continue to accrue at the holdover rate until all improvements that Lessor has
designated for removal are removed.
10.2 Lessee's Personal Property
Removable decorations, detached floor coverings, signs, blinds, furnishings, tade
fixtures, and other personal property, and any fuel tanks placed on the Premises by Lessee
("Personal Property') will remain the property of Lessee. At or before the termination of this
Lease, Lesseeo at Lessee's expense, will remove from the Premises any and all of Lessee's
Personal Property and will repair any damage to the Premises resulting from the installation or
removal ofthe Personal Property. Any items of Lessee's Personal Property that remain on the
Premises after the termination date of this Lease may either be: (a) retained by Lessor without
any requirement to account to Lessee therefor; or (b) removed and disposed of by Lessor,
without any requirement to account to Lessee therefor, with Lessor being entitled to recover all
costs thereof from Lessee.
103 Time for Removal
The time for removal of any Personal Property or improvements made by Lessee that
Lessee is required to remove from the Premises on termination will be as follows: (a) by the
Expiration Date; or (b) if this Lease is terminated unexpectedly before the Expiration Date, then
all removal must occur within 10 days following the actual termination date, and Lessee must
continue to pay all Rent due until such time as all of Lessee's Personal Property and the
improvements required to be removed have been properly and completely removed.
9.B.b
Packet Pg. 50 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
10.4 Holdover
Lessee has no holdover rights. If Lessee fails to vacate the Premises at the time required,
Lessor will have the option to treat Lessee as a holdover Lessee from month to month, subject to
all the provisions of this Lease except that the Basic Rent will be 150 p€rcent of the then-current
Basic Rent, or to eject Lessee from the Premises and recover damages caused by unongful
holdover. If a month-to-month holdover tenancy results, it will be terminated at the end of any
monthly rental period on 30 days' written notice fiom Lessor, and Lessee waives any notice that
would otherwise be provided by law with respect to such tenancy.
Article ll
EN-VIRONMENTAL OBLIGATIONS OF LESSEEll.1 Definitions
As used in this Lease, the following terms are defined as follows:11.1.1 AbovegroundStoregetr'acility
"Aboveground Storage Facility" or',AST Facility" includes aboveground storage tanks,
aboveground piping, dispensers, related underground and aboveground structures and equipment,
including without limiation associated spill containment features and oil-water separators, and
the surrounding area used in connection with the operation for fueling and other management of
Hazardous Substances11.1.2 Best Management Practices
"Best Management Practices" means those environmental or operational standards: (a)
implemented by a business or industry gxoup pertinent to Lesseens operations as a matter of
colnmon and accepted practice, (b) aniculated by a hade association or professional association
pertinent to Lessee's operations, (o) developed by Lessee for use in its operations, (d) developed
by pertinent state or local regulatory agencies for a business or industry goup pertinent to
Lessee's operations, or (e) developed from time to time by Lessor in cooperation with Lessee.11.1.3 Environmental Audit
"Environmental Audit" means an environmental site assessment and compliance audit
satisfuing, at a minimum, the "all appropriate inquiry" requirements of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended,42 USC $ 9601(35)(B);
the Oil Pollution Act, as amended, 33 USC $ 2703(dX4);40 CFR Part 312; ORS a65.255(6);
ASTM E1527-13 (Standard Practice for Environmental Site Assessments: Phase 1
Environmental Site Assessment Process); and any other compliance assessment or auditing
standards, including ASTM F;2rc7-06 (Standard Practice for Environmental Regulatory
Compliance Audits), relevant and appropriate to Lessee's use of the Premises, or the successors
to any of these criteria or standards. If as a result of such an Environmental Audit, additional
evaluationo testing, or analysis, or supplemental audit work is recorlmended, then the
Environmental Audit includes the additional evaluatiorl testing, or analysis, or supplemental
audit work scoped and performed in accordance with commercially reasonable practices.ll.l.4 EnvironmentalCosts
"Environmental Costs" will be interpreted in the broadest sense to include, but are not
necessarily limited to: (a) costs or expenses relating to any actual or claimed violation of or
noncompliance with any Environmental Law; (b) all claims of third parties, including
governmental agencies, for damages, response costs, or other relief; (c) the cost, expense, or loss
to Lessor as a result of any injunctive relief, including preliminary or temporary ir{unctive relief,
applicable to Lessor or the Premises; (d) all expenses of evaluation, testing, analysis, cleanup,
9.B.b
Packet Pg. 51 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
remediation, removal, and disposal relating to Hazardous Substances, including fees of attomeys,
engineers, consultants, paralegals, and experts; (e) all expenses of reporting the existence of
Hazardous Substances or the violation of Environmental Laws to any agency of the State of
Oregon orthe United States as required by applicable Environmental Laws; (0 any and all
expenses or obligations, including without limitation attorney and paralegal fees, inctrned at,
before, and after any trial or appeal therefrom or any adminisfrative proceeding or appeal
therefrom, whether or not tanable as costs, including without limitation attomey and paralegal
fees, witness fees (expert and otherwise), deposition costs, copying, telephone and telefa:r
charges, and other expenses; and (g) any damages, costs, fines, liabilities, and expenses that are
claimed to be owed by any federal, state, or local regulating or administrative agency.
11.1.5 Environmental Laws
"Environmental Laws" will be interpreted in the broadest sense to include any and all
federal, state, and local statutes, regulations, rules, and ordinances (including those of the Oregon
Departrnent of Environmental Quality (DEQ) or any sucoessor agency) now or hereafter in
effect, as they may be amended from time to time, that in any way govem materials, substances,
or products and/or relate to the protection of health, safety, or the environment.
f l.l.6 Hrzardous Substences
"Hazardous Substances" will be interpreted in the broadest sense to include any
subsknce, material, or product defined or designated as hazardous, toxic, radioactive, or
dangerous, regulated wastes or substances, or any other similar term in or under any
Environmental Laws.
11.1.7 HazardousSubstanceRelease
"Hazardous Substance Releaseo'includes the spilling, discharge, deposit, injection,
dumping, emitting, releasing, placing, leaking, migrating, leaching, and seeping of any
Hazardous Substance into the air or into or on any land, sediment, or waters, except any release
in compliance with Environmental Laws and specifically authonzedby a current and valid
permit issued under Environmental Laws with which Lessee is in compliance at the time of the
release, but not including within the exception any such release in respect of which the State of
Oregon has determined that application of the State's Hazardous Substance removal and
remedial action rules might be necessary to protect public health, safety, or welfare, or the
environment.ll.l.E Neturel Resources Damage
"Nafiral Resowces Damage" is the injury to, destruction of, or loss of natural resources
resulting from a Hazardous Substance Release. The measure of damage is the cost of restoring
injured natural resources to their pre-Hazardous Substance Release baseline condition,
compensation for the interim loss of injured nafural resources pending recovery' and the
reasonable cost of a darnage assessment. Natural resources include land, fish, wildlife, biota, air,
water, goundwater, drinking water supplies, and other such resources belonging to, rnanaged by,
held in trust by, appertaining to, or otherwise contolled by the United States, any state, an Indian
tribe, or a local government.
ll.2 Limited Business Use of Hazardous Substances
Lessee is permitted to use, handle, and store Hazardous Substances as necessary to
conduct its Permitted Uses and in quantities needed to conduct its Permitted Uses, in compliance
with applicable Environmental Laws, Best Management Practices, and the provisions of this
Lease.
11.3 Hsardous Substance Storage Tanks
9.B.b
Packet Pg. 52 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
l,essee may not operate rnobile storage tanks (including fueling trucks), Aboveground
Storage Tanks (*AST"), or any AST Facility for the storage of Hazardous Substances except
with the prior written consent of Lessor, which consent may be granted or denied in Lessor's
sole discretion. For the purposes of this section 11.3, "Aboveground Storage Tank'or "AST"
means any tank with a capacity of greater than 55 gallons. No underground storage tanks are
allowed to be installed by Lessee on the Premises,ll,4 Soil or Waste
Lessee will not store, treat, deposit, place, or dispose of treated or contaminated soil,
indusry by-products, or any other form of waste on the Property or Premises, without the prior
written consent of Lessor, which consent may be granted or denied in Lessor's sole discretion.11.5 Environmentallnspection
Lessor reserves the right to inspect for Hazardous Substances and/or Lessee's
management of Hazardous Substances on the Premises at any time, and from time to time,
without notice to Lessee. If Lessor at any time during the Lease term or any extension thereof
has reason to believe that Lessee is handling Hazardous Substances contrary to the requirements
of this Lease, in violation of this Lease, or in any manner that may allow contamination of the
Property or Premises, Lessor may, without limiting irc other rights and remedies, cause to be
conducted an Environmental Audit with respect to the matters of concern to Lessor. Lessee will
cooperate with all such audits. If Lessor's suspicions are confirmed by the audit, Lessee will
reimburse Lessor for the full cost of the audit.
f f .6 Safety
Under the terms of this Lease, Lessee must comply with all applicable state, federal, and
local laws and ordinances. As a part of this requirement, Lessee will maintain material safety
data sheets for each and every Hazardous Substance used by Lessee, or Lessee's agents,
employees, contractors, licensees, or invitees on the Property or Premises, as required under the
Hazard Communication Standard in 29 CFR section 1910.1200, as it may be amended,
redesignated, or retitled from time to time, and comparable state and local statutes and
regulations. To ensure that such information is available to Lessor in the event of a spill or other
emergency, all the information will be kept cunent at all times, and a copy of all such materials
will be kept in a place known to and easily accessible to Lessor.ll.7 Disposal of Hazardous Substances
Lessee will not dispose of any Hazardous Substance, regardless of the quantity or
concentation, within the storm or sanitary sewer drains or plumbing facilities within the
Premises or the Property. The disposal of Hazardous Substances will be in approved containers,
and Hazardous Substances will be removed from the Property or Premises only in accordance
with the law. If Lessee knows, or has reasonable cause to believe, that any Hazmdous Substance
Release has come to be located on or beneath the Property or Premises, Lessee must immediately
give written notice ofthat condition to Lessor, whether or not the Hazardous Substance Release
was caused by Lessee.
11.8 Lessee'sLiability11.t.1 HazardousSubstanceReleeses
Except as provided in section I 1.8.3, Lessee will be responsible for any Hazardous
Substance Release on the Property or Premises, on other properties, in the air, or in adjacent or
nearby waterways (including groundwater) that results from or occurs in connection with
Lessee's occupancy or use of the Property or Premises.
11.E.2 Lessee's Liability for Environmental Costs
9.B.b
Packet Pg. 53 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
Except as provided in section I1,8.3, Lessee will be responsible for all Environmental
Costs arising under this Lease.
11.E.3 Limitation of Lessee's Liability
Notwithstanding anything to the contrary provided in this Lease, particularly in fz I 1.9.2,
Lessee will have no responsibility for any Hazardous Substances or Hazardous Substance
Releases thafi (a) existed on the Property or Premises before the Effective Date, except as
assumed by Lessee under the Remediation Agreement; (b) were caused by Lessor or the agents,
employees, or contactors of Lessor; or (c) Lessee can demonstrate migrated into the Premises
from a source off-Premises that was not caused by Lessee.
11.9 EnvironmentalRemediation
11.9.1 Immediete Response
In the event of a violation of applicable Environmental Laws, a violation of an
environmental provision of this Lease, a Hazardous Substance Release, or the threat of or
reasonable suspicion ofthe same for which Lessee is responsible under this Lease, Lessee will
immediately undertake and diligently prusue all acts necessary or.appropriate to correct the
violation or to investigate, contain, and stop the Hazardous Substance Release and remove the
Hazardous Substance.
11.9.2 Remedietion
Lessee will promptly undertake all actions necessary or appropriate to ensure that any
Hazardous Substance Release is remediated and that any violation of any applicable
Environmental Laws or environmental provision of this l,ease is corrected. Lessee will
remediate, at Lessee's sole expense, any Hazardous Substance Release for which Lessee is
responsible under this Lease and will restore the Premises to its prior condition. Lessee will also
remediate any Hazardous Substance Release for which it is responsible under this Lease on any
other impacted property or bodies of water. The obligations of Lessee under this section 11.9.2
are subject to the limitations on Lessee's liability set forth in section 11.8.3.
11.10 Nafural Resourceg l)amages Assessment end Restoration
. Lessee will promptly undertake, at Lessee's sole expense, all actions necessary to ensure
that any Natural Resources Damage associated with Lesseens use or occupancy of the Property or
Premises and the violation of Environmental Laws, the environmental provisions of this Lease,
or any Hazardous Substance Release is investigated, determined, quantifiedo assessed, and
permanently restored and compensated for, to the extent legally required by any natural resource
trustee with jurisdiction over the matter.l1.l0.f Report to Lessor
Within 30 days following completion of any investigatory, containment, remediation, or
removal action required by this Lease, Lessee will provide Lessor with a written report outlining,
in detail, what has been done and the results thereof.
11.10.2 Lessor's Approval Rights
Except in the case of an emergency or an agency order requiring immediate action,
Lessee will give Lessor advance notice before beginning any investigatory, remediation, or
removal procedures. Lessor will have the right to approve or disapprove the proposed
investigatory, remediation, or removal procedures and the company or companies and
individuals conducting the procedures that are required by this Lease or by applicable
Environmental Laws, whether on the Property, Premises, or any affected property or water.
Lessor will have the right to require Lessee to contract for and fund oversight by any
govemmental agency with jurisdiction over any investigatory, containment, removal,
9.B.b
Packet Pg. 54 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
remediation, and restoration activities and to require Lessee to seek and obtain a determination of
no firther action or an equivalent completion-of-work statement from the governmental agency.ll.l1 Notice to Lessor
Lessee will immediately nodry Lessor upon becoming aware of: (a) a violation or alleged
violation of any Environmental Law; (b) any leak, spill, release, or disposal of a Hazardous
Substance on, under, or adjacent to the Property or Premises or threat of or reasonable suspicion
of any of the same; and (c) any notice or communicalion to or from a govemmental agency or
any other person directed to Lessee or any other person relating to such Hazardous Substances
on, under, or adjacent to the Property or Premises or any violation or alleged violation of, or
noncompliance or alleged noncompliance with, any Environmental Laws with respect to the
Property or Premises.
11.12 Certification
Not later than 30 days after receipt of written request from Lessor, Lessee will provide a
written certification to Lessor, signed by Lessee, that certifies that Lessee has not received any
notice from any govemmental agency regarding a violation of or noncompliance with any
Environmental Law; or, if such a notice was received, Lessee will explain the reason for the
notice, explain what has been done to remedy the problem, and attach a copy of the notice.
Lessee will also certifr that Lessee has obtained and has in force all permits required under
Environmental Law. Lessee will make copies of all such permits available to Lessor upon
request.
11.13 l)ocumentation of Hazerdous Substances
Lessee will maintain for periodic inspection by Lessor and deliver to Lessor, at Lessor's
request, true and correct copies of the following documents (hereinafter refered to as the
"Documents") related to the handling, storage, disposal, and emission of Hazardous Substances,
concurrently with the receipt from or submission to a govemmental agency: permits; approvals;
reports and conespondence; storage and management plans; material safety data sheets (MSDS);
spill prevention contol and countermeasure plans; other spill contingency and emergency
response plans; documents relating to taxes for Hazardous Substances; notice of violations of
any Environmental Laws; plans relating to the installation of any storage tanks to be installed in,
under, or around the Property or Premises (but the installation of tanks will be permitted only
after Lessor has given Lessee its written consent to do so, which consent may be withheld in
Lessor's sole discretion); and all closure plans or any other documents required by any and all
federal, state, and local governmental agencies and authorities for any storage tanks or other
facilities installed in, on, or under the Property or Premises.
Article 12
LESSEE DEFAULTl2.l Events of Defeult
The following will constitute an "Event of Default" if not cured within the applicable
cure period as set forth below:f2.l.f Default in Rent
Failure of Lessee to pay any Rent or other charge within 10 days after written notice from
Lessor. However, Lessor will not be required to provide such notice more than 2 times in any
calendar year. Thereafter, failwe to pay Rent by the due date will be deemed an automatic Event
of Default for which no additional notice or cure period need be granted.
12.1.2 Default in Other Covenents
9.B.b
Packet Pg. 55 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
Failure of Lessee to comply with any term or condition or fulfill any obligation of the
Lease (other than the payment of Rent or other charges) within 10 days after written notice by
Lessor speciffing the nature of the default with reasonable particularity. If the default is of such
a nature that it cannot be completely remedied within the l0-day period, Lessee will be in
compliance with this provision if Lessee begins conection of the default within the lO-day
period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy
as soon as practicable. Notrvithstanding the foregoing, if Lessee violates the same provision of
this lease more than 2 times in any given l-year period, then the violation will constitute an
immediate Event of Default for which no further notice or cure period need be granted by
Lessor.
12.1.3 Insolvency
An assignment by Lessee for the benefit of creditors; filing by Lessee of a voluntary
petition in bankruptcy; adjudication that Lessee is bankrupt or the appointment of receiver of the
properties of Lessee; the frling of an involuntary petition of bankruptcy and failure of the Lessee
to secure a dismissal of the petition within 30 days after filing; or attachment of or the levying of
execution on the leasehold interest and failwe of the Lessee to secure discharge of the
attachment or release of the levy of execution within 30 days.
12.2 Remedies on Default
If an Event of Default oocurs, Lessor, at Lessor's sole option, may terminate this Lease
by notice, in writing, in accordance with section 17.9. The notice may be given before or within
any of the above-referenced cure periods or grace periods for default and may be included in a
notice of failure of compliance, but the termination will be effective only on the expiration of the
above-referenced cure periods or grace periods. If the Premises is abandoned by Lessee in
connection with a default, termination may be automatic and without notice, at Lessor's sole
option.
12.2.1 Termination and Damages
If this Lease is terminated, l.essor will be entitled to recover promptly, without waiting
until the due date, any past due Rent together with future Rent that would otherwise become due
and owing up to and through the date fixed for expiration of the Lease Term; any damages
suffered by Lessor as a result of the Event of Default, including without limitation all obligations
of Lessee; and the reasonable costs of reentry and reletting the Premises, including without
limitation, the cost of any cleanup, refiubishing, removal of Lessee's Personal Property including
fixtures, or any other expense occasioned by Lessee's failure to quit the Premises upon
termination and to leave them in the condition required at the expiration of this Lease, any
remodeling costs, attorney fees, court costs, broker commissions, and advertising costs. Lessor
will have no obligation to mitigate damages, except as requited by Oregon law at the time of
termination.
12.2.2 Reentry after Termination
If the Lease is terminated or abandoned for any reason, Lessee's liability for damages
will survive the termination, and the rights and obligations of the Parties will be as follows:(a) Lessee will vacate the Premises immediately; remove any Personal Property of
Lessee, including any fixtures that Lessee is required to remove at the end of the Lease Term;
perform any cleanup, alterations, or other work necessary to leave the Premises in the condition
required at the end of the term; and deliver all keys to Lessor.
9.B.b
Packet Pg. 56 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
(b) Lessor may reenter, take possession of the Premises, and remove any persons or
Personal Property by legal action or by self-help with the use of reasonable force and without
liability for damages.
12,2.3 Reletting
Following termination, reenfy, or abandonment, Lessor may relet the Premises and in
that connection may:(a) Make any suitable alterations, refirbish the Premises, or both, or change the
character or use of the Premises, but Lessor will not be required to relet for any use or purpose
(other than that specified in the Lease) that Lessor may reasonably consider injurious to the
Premises, or to any tenant that Lessor may reasonably consider objectionable.(b) Relet all or part of the Premises, alone or in cor{unction with other properties, for
a term longer or shorter than the term of this Lease, on any reasonable terms and conditions,
including the granting of some rent-free occupancy or other rent concession.12,2,4 Right to Sue More Than Once
ln an Event of Default, Lessor may elect to continue this Lease and to sue periodically to
recover damages, and no action for damages will bar a later action for damages subsequently
accruing.t2.2.5 Equitable Relief
Lessor may seek ir{unctive relief or an order of specific performance from any court of
competent jurisdiction requiring that Lessee perform its obligations under this Lease.12.3 No Waiver of Ilefeult
No failure by Lessor to insist on the stict perforTnance of any agreement, term, covenant,
or condition of this Lease or to exercise any right or remedy consequent upon a breach, and no
acceptance of partial Rent during the continuance of any breach, will constitute a waiver of the
breach or of the agreement, term, covenant, or condition. No agreement, term, covenant, or
condition to be performed or complied with by Lessee, and no breach by Lessee, will be waived,
altered, or modified except by a written instrument executed by Lessor. No waiver of any breach
will affect or alter this Lease, but each and every agreement, term, covenant, and condition of
this Lease will continue in full force and effect with respect to any other then-existing or
subsequent breach.
12.4 Remedics Cumulative and Nonexclusive
Each right and remedy of Lessor contained in this Lease will be cumulative and will be in
addition to every other right or remedy in this Lease, or existing at law or in equity, including
without limitation suits for ir{unctive relief and specific performance. The exercise or beginning
of the exercise by Lessor of any such rights or remedies will not preclude the simultaneous or
later exercise by Lessor of any other such rights or remedies. All such rights and remedies af,e
nonexclusive.
12.5 Curing Lesseets Default
If Lessee fails to perform any of Lessee's obligations under this Lease, Lessor, without
waiving the failtre, may (but will not be obligated to) perform the same for the account of and at
the expense of Lessee (using Lessee's Secwity Deposit or Lessor's own funds, when required),
after the expiration of the applicable cure period set forth in section 12.1.2, or sooner in the case
of an emergency. Lessor will not be liable to Lessee for any claim for damages resulting from
such action by Lessor. Lessee agrees to reimburse Lessor, on demand, for any amounts Lessor
spends in curing Lessee's Default. Any sums to be so reimbursed will bear interest at the
Delinquency Rate.
9.B.b
Packet Pg. 57 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
12.6 AdministretiveCosts
If Lessor gives Lessee one written notice of a violation of a specific provision of this
Lease, and Lessee violates the same provision again during the subsequent l2-month period,
then in addition to all other rights and remedies set forth herein, Lessee agrees to reimburse
Lessor for Lessor's administrative costs incurred in connection with any such subsequent
violation. Failure by Lessee to pay the costs will be deemed an immediate Event of Default
subject to all remedies set forth in this Article 12.
Article 13
LESSOR DEX'AULT
13.1 Breech by Lessor
13.1.1 Notice of Breach
Lessor will not be deemed in breach of this Lease unless Lessor fails within a reasonable
time to perform an obligation required to be performed by Lessor. For purposes of this section
13.1.1, a reasonable time will in no event be less than 30 days after receipt by Lessor, and any
Lender whose name and address have been furnished to Lessee in writing for such purpose, of
written notice speciffing what obligation of Lessor has not been performed; however, a Lessor
event of default will not occur if Lessor's performance is commenced within the 30-day period
and thereaftEr diligently pursued to completion.
13.1.2 No Self-Help
In the event that neither Lessor nor any Lender of Lessor cures any breach within the
applicable cure period, Lessee will be entitled to seek any of the remedies provided in section
13.1.3 but will not be entitled to take self-help action.f3.1.3 Remedies in the Event of a Lessor Default
If an uncured event of default is committed by Lessor, Lessee will be entitled to any
remedies available at law or in equity for breach of lease; however, damages will be limited to
actual damages, excluding consequential and punitive damages, and damages will also be limited
to Lessor's interest in the Property and will be subordinate to the rights of Lessor's lenders.
Article 14
INDEMNITIES AI\ID REIMBURSEMENT
14.1 Gencrellndernnity
Lessee agrees to defend (using legal counsel reasonably acceptable to Lessor, taking into
account insuance defense requirements), indemniff, and hold harmless Lessor from and against
any and all actual or alleged claims, damages, expenses, costs, fees (including but not limited to
attorney, accountant, paralegal, expert, and escrow fees), fines, liabilities, losses, penalties,
proceedings, andlor suits (collectively "Costs") that may be imposed on or claimed against
Lessor, in whole or in part, directly or indirectly, arising from or in any way connected with (a)
any act, omission, or negligence by Lessee or its partners, officers, directors, members,
managers, agents, employees, invitees, or contractors; ft) any use, occupation, management, or
confol of the Prcmises or Property by Lease, whether or not due to Lessee's own act or
omission; (c) any condition created in or about the Premises or Property by Lessee, including any
accident, injury, or damage occuning on or about the Premises or Property during this Lease as a
result ofLessee's use thereof; (d) any breach, violation, or nonperfonnance ofany ofLessee's
obligations under this Lease; or (e) any damage caused on or to the Premises or Property by
Lessee's use or occupancy thereof. As used throughout Article 14, "Lessee" includes all of
Lessee's parErers, offrcers, directors, members, managers, agents, employees, invitees, and
contractors.
9.B.b
Packet Pg. 58 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
14.2 Environmentallndemnity
Without in any way limiting the generality of the foregoing General Indemnity set forth
in section 14.1, Lessee will be solely responsible for and agrees to defend (using legal counsel
reasonably acceptable to Lessor, taking into account insurance defense requirements), indemnifr,
and hold hannless Lessor from and against all Environmental Costs claimed against or assessed
against Lessor arising, in whole or in part, directly or indirectly, from acts or omissions of Lessee
on or about the Premises or Property. Notrryithstanciing the foregoing, Lessee will not be
responsible for, and does not indemnifr Lessor for, any actions of Lessor or any other tenant that
causie environmenal darnage or a violation of any Environmental Law on the Premises or
Property.
14.3 Reimbursement for l)emages
Lessee will fully compensate Lessor for harm to Lessor's real or personal property
caused by the acts or omissions of Lessee, This compensation will include reimbursement to
Lessor for any diminution in value of or lost revenue from the Premises or other areas of the
Property or adjacent or nearby property caused by a Hazardous Substance Release, including
damages for loss of or restriction on use of, rentable or usable property or of any amenity of the
Premises or Property, including without limitation damages arising from any adverse impact on
the leasing or sale of the Premises or Property as a result thereof.
14.4 Sunivel
This Article 14 will survive the termination ofthis Lease with respect to all matters
arising or occurring before surrender of the Premises by Lessee.f4.5 Scope of Indemnity
For purpose of this Article 14, references to o'Lessor'o are deemed to include its respective
officers, directors, employees, agents, invitees, and contractors.
Article 15
ASSIGNMENT AND ESTOPPELSf5.f Consent Required
This Lease will not be assigned, subleased, or otherwise transferred except with the
consent oflessor.l5.l.l Lessor hereby consents to the sublease of the Premises to the Centrel Point
Chamberof Commerce.lS.2 EstoppelCertificate
Each Party agrees to execute and deliver to the other, at any time and within 20 days after
written request, a statement certifring, among other things: (a) that this Lease is unmodified and
is in full force and effect (or if there have been modifications, stating the modifications); O) the
dates to which Rent has been paid; (c) whether the other Party is in default in performance of any
of its obligations under this Lease and, if so, speciffing the natwe of each such default; and (d)
whether any event has occurred that, with the giving of notice, the passage of time, or both,
would constitute a default and, if so, specifring the nature of each such event. Each Party will
also include any other information concerning this Lease as is reasonably requested. The Panies
agtee that any statement delivered under this section 15.2 will be deemed a representation and
warranty by the Party providing the estoppel that may be relied on by the other Party and by its
potential or actual purchasers and lenders, regardless of independent investigation. If either Party
fails to provide the statement within 20 days after the written request therefor, and does not
request a reasonable extension of time, then that Party will be deemed to have given the
9.B.b
Packet Pg. 59 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
statement as presented and will be deemed to have admitted the accuracy of any information
contained in the request for the statement.
Article 16
CONDEMNATION
If the Premises or any interest therein is taken as a result of the exercise of the right of
eminent domain or under ttrreat thereof (a "Taking"), this Lease will terminate with regard to the
portion that is taken. If either Lessee or Lessor determines that the portion of the Property or
Premises taken does not feasibly permit the continuation of the operation of the facility by either
the Lessee or Lessor, this l,ease will terminate. The termination will be effective as of the date of
the Taking. Any condemnation award relating to the Property or Premises will be the property of
Lessor. [.essee will not be entitled to any proceeds of any such award, except Lessee will be
entitled to any compensation attributed by the condemning authority to Lessee's relocation
expense, frade fixtures, or loss ofbusiness.
Article l7
GENERAL PROVISIONSl7,l Covenants, Conditions, and Restrictions
This Lease is subject and subordinate to the effect of any covenants, conditions,
reshictions, easementso loans, mortgages, deeds of trust, ground leases, rights of way, and any
other matters of record now or hereafter imposed on the Property and to any applicable land use
or zoning laws or regulations. Lessee will, upon request of Lessor, execute and deliver
agleements of subordination in the form reasonably requested by Lessor and described in section
17.22.
17,2 Nonwaiver
Waiver by either Party of strict performance of any provision of this Lease will not be a
waiver of or prejudice the Party's right to require strict performance of the same provision in the
futrne or of any other provision.
17.3 Attorney Fees
If any suit, action, or other proceeding (including any proceeding under the U.S.
Bankruptcy Code) is instituted in connection with any controversy arising out of this Lease or to
interpret or enforce any rights or obligations hereunder, the prevailing Party will be entitled to
recover attorney, paralegal, accountant, and other expert fees and all other fees, costs, and
expenses actually incurred and reasonably necessary in connection therewith, as determined by
the court or body at trial or on any appeal or review, in addition to all other amounts provided by
law. Payment of all such fees also applies to any administative proceeding, petition for review,
tial, and appeal. Whenever this Lease requires one Party to defend the other Party, the defense
will be by legal counsel acceptable to the Party to be defended, understanding that claims are
often covered by insurance with the insurance carrier designating the defense counsel.
17.4 Time of Essence
Time is of the essence in the performance of all covenants and conditions to be kept and
perforrred under the terms of this Lease.
17.5 No Warranties or Guerantees
Lessor makes no warranty, guarantee, or avennent of any nafure whatsoever conceming
the physical condition of the Premises or Property, or suitability of the Premises or Property for
Lessee's use. Lessor will not be responsible for any loss, damage, or costs that may be incurred
by Lessee by reason ofany such condition.
9.B.b
Packet Pg. 60 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
17,6 No Implied Warranty
In no event witl any approval, consent, acquiescence, or authorization by Lessor be
deemed a warranty, representation, or covenant by Lessor that the matter approved, consented to,
acquiesced in, or authorized is appropriate, suitable, practical, safe, or in compliance with any
applicable law or this Lease. Lessee will be solely responsible for such matters, and Lessor will
have no liability therefor.
17,7 Construction
In conshuing this Lease, all headings and titles are for the convenience of the Parties only
and are not considered a part of this Lease. Whenever required by the context, the singular
includes the plural and vice versa.
17.8 Lessor Consent or Action
If this Lease is silent on the standard for any consent, approval, determination, or similar
discretionary action, the standard is the sole discretion of Lessor, rather than any standard of
implied good faith or reasonableness. If Lessee requests Lessor's consent or approval under any
provision of the Lease and Lessor fails or refuses to give the consent or approval, Lessee will not
be entitled to any damages as a result of the failure or refusal, whether or not unreasonable.17,9 Notices
All notices required under this lease will be deemed to be properly served when actually
received or on the third Business Day (defined in section 17.16) after mailing, if sent by certified
mail, return receipt requested, to the last address previously furnished by the Parties hereto in
accordance with the requirements ofthis section 17.9. Until hereafter changed by the Parties by
notice in writing, sent in accordance with this section 17.9, notices must be sent to the following
addresses:
If to Lessor: Freel & Associates, LLC
P. O. Box 587
Shady Cove, OR 97539
If to Lessee: City of Central Point
140 S. 3'd Street
Central Point OR 97502
The addresses to which notices are to be delivered may be changed by giving notice of
the change in address in accordance with this Notice provision.
17.10 Goveming Law
This kase is governed by and will be construed according to the laws ofthe State of
Oregon, without regard to its choice-of-law provisions. Any action or suit to enforce or construe
any provision of this Lease by either Party will be brought in the Circuit Court of the State of
Oregon for Josephine County.
17.11 Survival
Any covenant or condition (including, but not limited to, environmental obligations and
all indemnification agreements) set forttr in this Lease, the full performance of which is not
specifrcally required before the expiration or earlier termination of this Lease, and any covenant
or condition that by its terms is to survive, will survive the expiration or earlier termination of
this Lease and will remain fully enforceable thereafter.
17.12 Partiallnvalidity
If any provision of this Lease is held to be wrenforceable or invalid, it will be adjusted
rathet than voided, if possible, to achieve the intent of the Parties to the extent possible. In any
9.B.b
Packet Pg. 61 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
event) all the other provisions of this Lease will be deemed valid and enforceable to the fullest
extent.
17.13 Modification
This Lease may not be modified except by a writing signed by the Parties.
17,14 Successors
The rights, liabilities, and remedies provided in this Lease will extend to the heirs,legal
representatives, and, as far as the tenns of this Lease permit, successors and assigns of the
Parties. The words "Lessor,'o "Lessee," and their accompanying verbs or pronouns, whenever
used in the Lease, apply equally to all persons, firmso or corporations that may be or become
parties to this Lease.
17,f5 Limitetion on Liability of Lessor
The obligations under this Lease do not constitute any perconal obligation of Lessor or
any of its owners, members, partrcrs, shareholders, officers, directors, or employees, and Lessee
has no recourse against any of them. Lessor's liability under this Lease is strictly limited to
whatever interest it holds in the Premises, subject to and subordinate to any rights of the lenders
or secured creditors of Lessor.
17,16 Calculetion of Time
Unless referred to in this Lease as Business Days, all periods of time referred to in this
Lease include Satudays, Sundays, and Legal Holidays. Howeveq if the last day of any period
falls on a Saturday, Sunday, or Legal Holiday, then the period extends to include the next day
that is not a Saturday, Sunday, or Legal Holiday. "Legal Holiday" means any holiday observed
by the federal government. ooBusiness Day" means any day Monday through Friday, excluding
Legal Holidays.
17.17 Exhibits Incorporated by Reference
All exhibits attached to this Lease are incorporated by reference herein.
17.18 Brokers
Lessee and Lessor each represent to one another that they have not dealt with any leasing
agent or broker in connection with this Lease, and each agrees to indemnify and hold harmless
the other from and against all damages, costs, and expenses (including attomey, accountant, and
paralegal fees) arising in connection with any claim of an agent or broker alleging to have been
retained by the other in connection with this Lease. Lessee and Lessor acknowledge Jeanne Freel
is a licensed Real Estate Broker in the State of Oregon and a member of Freel & Associates,
LLC and her involvement in this contract is as a member of Freel & Associates, LLC with no
commission owed by either party.
17.19 Interpretation of Leese; Status of Parties
This Lease is the result of arms-length negotiations between Lessor and Lessee and
neither parfy shall be deemed to be the drafting party. Nothing contained in this Lease will be
deemed or consmred as creating the relationship of principal and agent, patlners, joint venturers,
or any other similar relationship, between the Parties hereto.
17.20 No Recordation of Lease
This l-ease will not be recorded.
17,21 Force Majeure
The time for performanoe of any of Lessee's or Lsssor's obligations hereunder will be
extended for a period equal to any hindrance, delay, or suspension in the performance of that
Party's obligations, beyond the Party's reasonable control and directly impacting the Party's
ability to perform, caused by any of the following events: unusually severe aots of nature,
9.B.b
Packet Pg. 62 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
including floods, earthquakes, hurricanes, and other extraordinary weather conditions; civil riots,
war, terrorism, or invasion; any delay occurring in receiving approvals or consents from any
governmental authority, including DEQ or other agency review of environmental reports (as long
as an application for the approval or consent was timely filed and thereafter diligently pursued);
major fue or other major unforeseen casualty; labor strike that precludes the Party's performance
of the work in progress; or extraordinary and unanticipated shortages of materials (each a "Force
Majeure Eventn'). Lack of funds or willful or negligent acts of a Party will not constitute a Force
Majeure Event. Further, it will be a condition to any extension of the time for a Party's
performance hereunder that the Party notifr the other Party within five Business Days following
the occurrence of the Force Majeure Event and diligently pursue the detayed performance as
soon as is reasonably possible.
17,22 Subordinntion
This Lease is subordinate to any ground lease, mortgage, deed of trust, or other
hypothecation or security device (collectively, "Security Device"), now or hereafter placed on
the Property, to any and all advances made on the security thereof, and to all renewals,
modifications, and extensions thereof. Lessee agrees that the holders of any Security Devices (in
this Lease together referred to as "Lenders") have no liability or obligation to perform any of the
obligations of Lessor under this Lease.
17.23 Attornment
If Lessor transfers title to the Property, or the Property is acquired by another upon the
foreclosure or termination of any security interest to which this Lease is subordinated, (a) Lessee
will, subject to the nondisturbance provisions of section 17.24, attorn to the new owner and, on
request, enter into a new lease containing all the terms and provisions of this I€ase, with the new
owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will
automatically become a new lease between Lessee and the new owner; and (b) Lessor will
thereafter be relieved of any further obligations herewrder and the new owner will assume all of
Lessor's obligations, except that the new owner will not: (i) be liable for any act or omission of
any prior lessor or with respect to events occurring before acquisition of ownership; (ii) be
subject to any offsets or defenses that Lessee might have against any prior lessor; (iii) be bound
by prepayment of more than one month's rent, or (iv) be liable for the retum of any security
deposit paid to any prior lessor.
17,24 Nondisturbance
With respect to any loan agreement or other security agreement entered into by Lessor
after the execution of this Lease (a "Subsequent Loan"), Lessee's subordination of this lrase
will be subject to Lessee's receipt of a commercially reasonable nondisturbance agreement (a
'Nondisturbance Agreement") from the lender of the Subsequent Loan that provides that
Lessee's possession of the Premises, including any options to extend the term hereol will not be
disturbed as long as Lessee is not in default of this lease and attoms to the record owner of the
Premises.
17.25 Capacity to Execute; Mutual Representations
Lessor and Lessee each warrant and represent to one another that this Lease constitutes a
legal, valid, and binding obligation of that Party. Without limiting the generality of the
foregoing, each Party represents that its governing board has authorized the execution, delivery,
and performance of this Lease by it. The individuals executing this Lease each warrant that they
have full authority to execute this Lease on behalf of the entity for whom they purport to be
acting.
9.B.b
Packet Pg. 63 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
17.26 Entire Agreement
This Lease, togethor with all exhibits attached hercto and by this refersncc incorporatcdhgr€in, constitutes dre entirp agrecment bctween Lcssor and Lessec with respcct to the leasing ofthe hemises.
17.27 Counteraartr
This Lease may be exesuted in one or morp oounterparts.
IN WITNESS WHEREOF, the Parties have cxecuted this kase to be effective as of theEffectivc Date.
LESSOR
By:By:tlnPrint?tZrtglo Rznct--Print _Christophcr Clayton_AS lts: .dtr*t z-o ,trl&trsrfl*As lts: _City Manager
It7
9.B.b
Packet Pg. 64 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
Exhibit A
Legal Description - 650 E. Pine St, Central Point
Lots 1,2,3 and 4, Block 43, of the City of Central Point, Jackson County, Oregon , according to the Offlcial
Plat thereof, now of record.
(Map 372W02CCTax Lot 69@l
NOTE: This legal description was created prlor to January 1, 2OOB
Tax Parcel Number 1-013395-5
9.B.b
Packet Pg. 65 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
Ctl+ol cP
UwUt,r Erh,A,/ 8
DESCRIPTIOII OF II'IPROVEHEilTS
-iir""
,F5
.,I
t
I
..q"
lltUU
EltTl
Iiiil!r.ii
..1L:.
I. trir$l!r
Iii
I t
:at9
I
i.
idt'
a
I
rl
r :q"
I-EI'ELOTIE FTOOR PLAN
I
t.g
I
ll
9.B.b
Packet Pg. 66 Attachment: Original Lease Agreement (1248 : Central Point Chamber Lease Extension Agreement)
RESOLUTION NO. _______
A RESOLUTION APPROVING A 2-YEAR EXTENSION OF THE LEASE
AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND FREEL &
ASSOCIATES, LLC COVERING THE PREMISES LOCATED AT 650 EAST PINE
STREET
RECITALS:
1. In January 2017, the City Council approved a new agreement with the Central Point
Chamber of Commerce for the operation of the Visitors Information Center.
2. Part of the operating agreement included the lease agreement covering the premises
located at 650 East Pine Street.
3. The lease agreement expired on December 31, 2019, and City staff has worked with
the property owners to negotiate a 2-year extension which covers the period January
1, 2020, to December 31, 2021.
The City of Central Point resolves as follows:
To approve a 2-year extension (January 1, 2020 – December 31, 2021) of the lease
agreement between the City of Central Point and Freel & Associates, LLC covering the
premises located at 650 East Pine Street.
Passed by the Council and signed by me in authentication of its passage this 27th day of
February 2020.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.B.c
Packet Pg. 67 Attachment: RESO Central Point Chamber Lease Extension Agreement (1248 : Central Point Chamber Lease Extension Agreement)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: February 27, 2020
SUBJECT: Little League Report - 2020
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
In 2019 The City contracted with a local architect to analyze the fields associated with the
Central Point Little League facility. The goals of this analysis were to determine the financial
viability of a long-term partnership to upgrade the little league facilities to allow for a summer
softball program to be established by the City in the upcoming years.
The architect's report is attached. Since the time of the report, the Central Point Little League
Board has “turned over,” and the current leadership group has been making quite a few
improvements to the facility.
At the time of this report, the City has not been able to have a sit down meeting with the new
leadership to review the report findings and explore long term ideas. However, email
correspondence on the subject of a meeting has been encouraging.
The City, ideally, would be looking at upgrading two fields, the lighting, water, and concession
stand, all of which would be necessary to facilitate a city-operated softball league/program.
The 2019 estimates are around $300,000 to complete the upgrades mentioned above.
However, this estimate does not include a waterline extension and sewer lateral connection,
which have an additional estimated cost of $200,000. As of today, no budget appropriation has
been programmed in the 19/21 FY budget for upgrades to the little league facility.
Staff is looking for feedback from the Council on how to proceed with a long term use
agreement and facility upgrades.
FINANCIAL ANALYSIS: None at this time.
LEGAL ANALYSIS: N/A
10.A
Packet Pg. 68
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Recreation
Goal 3- Provide high-quality, age-appropriate recreation programs that benefit all residents of
our community.
Strategies: (a) Prepare a finance program to maintain and expand recreation programs,
including fees, donations, sponsorships, and governmental support; (b) Pursue the development
and implementation of comprehensive recreation programs in cooperation with governmental
bodies/agencies and athletic/recreation organizations.
STAFF RECOMMENDATION: None at this time.
RECOMMENDED MOTION: None at this time.
ATTACHMENTS:
1. 190816_arkitek_cp_softball
2. 190809_cp little league drawing
10.A
Packet Pg. 69
426 a street, ashland or 97520 (541) 591 9988 arkitek@arkitek.us www.arkitek.us
Central Point Little League Field Evaluation
i. Project Information
Date: 8/6/2019
Subject Site: Central Point Little League
2935 Hanley Rd.
Central Point, OR 97502
Map & Tax Lot #: 372W15 1302
Zoning: EFU (Exclusive Farm-Use)
Property Owner: Central Point Little League
Total Acreage: 14.56 acres
Property Class: 6-28
ii. Report Overview
This report includes an inventory and an analysis of the existing fields, facilities, and site amenities of the Central
Point Little League property. The contents of this report will be utilized in the creation of an action plan for the
potential adaptation of the site to meet the immediate needs/goals of the Central Point Softball League.
iii. Report Contents
a) Facilities
i) Baseball field existing conditions
ii) Site utilities: potable water, sewer, electric
iii) Irrigation at fields
iv) Concession stand
v) Light fixtures
vi) Fencing
vii) Landscape features
b) Phase 1 Basic Site Improvement Needs
i) Extend sewer, potable water
ii) Adapt existing concession stand
iii) Adapt existing fields 3 and 5
iv) Lighting for night games
v) Portable toilets
vi) Adapt parking, if necessary
10.A.a
Packet Pg. 70 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
2
Site Description
The Central Point Little League site consists of six baseball fields; (1) Major League Baseball regulation field,
(2) Softball regulation fields, (2) Little League regulation baseball fields, and (1) Little League regulation Tee Ball field.
The total site area is 14.56 acres (634,233 square feet) with approximate overall site coverage of 43% baseball fields,
20% parking areas, and 1.2% structures.
The fields of interest for this study are Field #3 and Field #5. Each field comprises of two dugout structures for the
players, two sets of bleachers for the audience and an announcers booth.
Within the site there are two primary existing buildings with a combined total building footprint of approximately
2,950 square feet. The first building is used as a concession stand and office for the Central Point Little League. The
second building is used for storage and to house the potable water tank for site users during the playing season.
Parking
Field #6
Little League
Field #5-Softball
Field #1
Little League
Field #2-Softball
Field #3-MLB
ML
Field #4
Tee Ball
Structures
10.A.a
Packet Pg. 71 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
3
Potable water is delivered by truck and tested frequently for safety. Mature shade trees are located adjacent to the
concession stand and storage building with picnic benches underneath.
Agricultural water is available from nearby Hopkins Canal and distributed for field irrigation with industrial sprinklers.
There is a pump station located to the west of the storage building, which distributes the water to each field.
Electricity is available to the site from overhead lines from the southern end of the property, with a transformer
located to the west of the storage building.
Vehicular parking is accessed by three driveway aprons off Hanley Road with parking located along the east side of
the fields, and handicap parking located directly next to the entrance of the fields. Abutting zoning is EFU to the
North, South, and West and RR-2.5 to the Southeast with the Crater Lake Boy Scouts and a cellular tower station
directly to the north. Additional adjacencies include Hopkins Canal and Jackson Creek.
Facility Analysis
i. Baseball Field Existing Conditions
Field #3-Major League Baseball Regulation Field
Condition:
Field #3 is the furthest field from the entrance. The fence surrounding the field is intact. There are small
trees growing around the perimeter of the fence. To the Southwest corner of the field has a pile of discarded
10.A.a
Packet Pg. 72 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
4
bleachers, lights, and other material outside the field fence line. The field has three vacant light posts near
the north side of the field. There are three structures near the field; two dugouts and one announcer’s
booth. The dugouts are on a poured cement foundation with 2x4 framing, and plywood siding. The
announcer’s booth is comprised of 2x4 framing w/ plywood siding, and a set of stairs leading up to the booth.
The structures have visible rot on the exterior wood and roof. The foundation pad appears to be in good
condition, and the stairs leading up to the announcers booth have visible rot. The grass within the field is
dead and requires reseeding. All of the bases/plates are intact including the pitcher’s mound.
Field #5-Regulation Softball Field
Condition:
Field #5 is near the concession stand and adjacent to the cell tower. The fence surrounding the field is intact.
The field is surrounded by four field light posts with the lights intact. There are three structures near the
field; two dugouts and one announcer’s booth. The dugouts are on a poured cement foundation with 2x4
framing, and plywood siding. The announcer’s booth is comprised of 2x4 framing w/ plywood siding, and a
set of stairs leading up to the booth. The structures have visible rot on the exterior wood and roof. The
foundation pad appears in good condition, and the stairs leading up to the announcers booth have visible rot.
There are two sets of bleachers for the viewers to sit on. The grass within the field is dead and requires
reseeding. All of the bases/plates are intact including the pitcher’s mound.
10.A.a
Packet Pg. 73 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
5
Exterior meter on site. Field light exterior circuit breaker. Concession stand electricity.
Announcers Booth and Dugouts
ii. Site Utilities: Potable Water, Sewer, Electric
Potable Water
There is no access to drinking water on site. Drinking water is stored in a tank located at the storage building.
The drinking water is delivered by truck during the playing season.
Sewer
There is no connection to the City sanitary or storm sewer system. The concession stand appears to have a
sewer drain line on the exterior.
Electric
Electricity is available on site with overhead lines and connected to an exterior service meter. The field lights
appear to have electricity and are controlled via an exterior circuit breaker. The concession stand also
appears to have available electrical service. The electrical current/amperage was not tested during the site
visit and it is recommended to hire an electrical contractor for further inspection.
Stairs up to Announcer’s Booth. Inside Dugout Structures
10.A.a
Packet Pg. 74 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
6
North exterior side of concession stand. West exterior side with security
cameras and lighting.
South exterior side entrance.
Pump outside storage building. Water valve located at each field. Industrial sprinkler available.
iii. Irrigation at Fields
Agricultural water rights for field irrigation are provided via Hopkins Canal to the south. A pump is located to
the west of the storage building with a 4” inlet and to a 3” main line which distributes water throughout the
site. Industrial sprinklers are used to water the fields and are controlled with a valve located on each field.
The pump has visible exterior rust. The industrial sprinkler on site has exterior rust and shows signs of
weathering.
iv. Concession Stand
The Concession Stand is approximately 2,128 square feet and located near the front of the site adjacent to
the parking lot. Electricity is available on site with overhead lines and down to a exterior meter on the side of
the building. Telephone/Data infrastructure is provided via an exterior telephone jack on the building. There
appears to be a sewer line on the exterior of the building. The building is on a concrete poured foundation
pad, with lap siding, and concession windows. The building is in functional condition, with no visibile exterior
rot, or exterior damage. The rear building has security cameras as well as solar exterior lighting. Gutters and
Roof are in good condition and appear to be functioning. There are mature shade trees adjacent to the
concession area and with picnic benches underneath.
10.A.a
Packet Pg. 75 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
7
Steel pole with field light and
exposed concrete pier foundation.
Utility pole with field light.
Chain link fence around the perimeter of the fields. Wood fencing around parking lot.
v. Light Fixtures
There are light posts with field lights surrounding the baseball fields. The posts are a mixture of wooden
utility poles and steel poles supported by an exposed concrete pier foundation. It appears that the field
lights are provided with power; however they were not tested during site visit. The field lights appear to
have electricity and operated with an exterior circuit breaker. The light post and light fixtures appear to
be in good visible condition.
vi. Fencing
Perimeter fencing of the field consists of chain link fencing and poles, with plastic safety tubing around
the top portion. The fencing around the parking lot is wooden pole fencing. At the entrance there are
three large metal gates for vehicular access. The chain link fence appears to be in good condition,
however some of the metal poles have visible exterior rust. The wood fencing around the parking lot is
intact and the three large metal gates appear to be in good condition.
10.A.a
Packet Pg. 76 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
8
Aerial drone photograph of site.
vii. Landscape Features
The landscape is dry and open. There is a cluster of mature trees around the concession stand to offer
shade for the picnic tables underneath. A few small trees surround some of the fields. A cluster of shrubs
is located in the far Southwest corner of the site, indicating an area of soil saturation.
Phase 1 Basic Site Improvement Needs
In order for the potential adaptation of the site to meet the immediate needs/goals of the Central Point Softball
League the following modifications should be made:
• Extend city infrastructure services; including sewer and potable water to site.
• Renovate existing concession stand for public usage; including potential commercial kitchen certification.
• Provide and install Irrigation infrastructure and controllers for fields 3 and 5; new sod/reseeding.
• Repair and Upgrade to LED Site Lighting infrastructure for night games.
• Provision of portable toilets.
• Delineate and Stripe existing gravel Parking Lot.
10.A.a
Packet Pg. 77 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
Central Point Little League Field Evaluation
9
Estimated Sub-Total Cost(Excluding City Infrastructure Cost of Water/Sewer Services): $307,305.00
Area Count Cost Per Unit Estimated Cost
Renovate existing concession stand
• Exterior maintenance
• Interior maintenance
• Upgrade kitchen
equipment
• Upgrading electrical,
plumbing, and gas lines
2,128 SF 1 $85/ SQ FT $185,130
Repair and upgrade to LED site lighting
• Primary and secondary
feeds
• Switchgear and
transformers
• LED field lights, and
brackets
- 24 Lights $700 $16,800
Scoreboards - 2 $3,000 $6,000
Provision of portable toilets - 3 $150/mo. $350 per month
Delineate and stripe existing parking lot
• Clearly marked
designated spaces for
emergency or other
kinds of access
• Adequate pullout and
turnaround areas to
ensure visitor safety
• Clearly designated
parking areas for visitor
use
• Placement of landscape
timber wheel stops
11,650 SF 1 $.50/ SQ FT $5,825
Renovate existing dugouts
• Demolition and
replacement of existing
structures
240 SF 4 $25/ SQ FT $24,000
Renovate announcers booth
• Demolition and
replacement of existing
structures
105 SF 2 $45/ SQ FT $5,200
New Bleachers - 4 $2,000 $8,000
Baseball field maintenance
• Layout
• Earthwork
• Drainage
5,600 SF 2 $10/ SQ FT $56,000
10.A.a
Packet Pg. 78 Attachment: 190816_arkitek_cp_softball (1249 : Little League Report)
10.A.bPacket Pg. 79Attachment: 190809_cp little league drawing (1249 : Little League Report)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: February 27, 2020
SUBJECT: Community Center Update
ACTION REQUIRED:
Information/Direction
Consent Agenda Item
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
At the 2/20/2020 Parks Commission Meeting, the City held its first open house on the potential
Community Center. There were quite a few residents who attended (approximately 50). The
majority of the comments were related to the following:
1. General questions about funding and the cost of construction and operations.
2. Questions from the local residents about site selection and displeasure of it being in their
neighborhood.
3. General observations about the amount of provided parking.
4. Making sure the new Community Center can be used by the whole community.
5. Questions about multi-generational space and the senior center.
Staff will present the “fly-thru” and a general overview of the center at the City Council meeting.
FINANCIAL ANALYSIS: N/A
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A
STAFF RECOMMENDATION: N/A.
RECOMMENDED MOTION: N/A
10.B
Packet Pg. 80
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: February 27, 2020
SUBJECT: Regional Water Rights Strategy Development
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
Introduction
GSI Water Solutions, Inc. (GSI) is assisting the Partner Water Providers (Partners) to develop a
water rights strategy. The Partners include the Cities of Ashland, Central Point, Eagle Point,
Jacksonville, Phoenix, and Talent (jointly the Partner Cities) and Medford Water Commission
(MWC). In early 2019, the Partners signed a Cooperative Agreement to develop the strategy
recognizing the benefits of mutual cooperation and the vital importance of providing source
water to their respective customers for public health, safety and welfare, and for sustaining
economic development.
The water rights strategy focuses on the Partners’ water rights and water supply associated with
the MWC Duff Water Treatment Plant (Duff WTP) on the Rogue River. During the months of
May through September (peak season), much of the MWC’s water supply and all of the Partner
Cities’ water supply is treated at the Duff WTP. During this peak season period, the Partner
Cities currently rely on water rights they have obtained and hold Treat and Transport agreements
with the MWC.
As the Partners plan for their long-term water supply needs, it is important that they have a full
understanding of the status of their water rights and develop a common strategy to protect and
secure them. The water rights strategy is intended to meet those needs.
Process
To develop the water rights strategy, GSI initially prepared a comprehensive water rights
summary, which enabled the Partners to develop a shared understanding of the water rights at the
Duff WTP. Next, GSI developed a consolidated water demand projection for each of the
Partners, which included the maximum anticipated demands for the years 2030, 2040 and 2070.
10.C
Packet Pg. 81
GSI then compared the Partners’ individual and collective demands with their water rights. This
evaluation showed that some of the Partners’ water rights will likely provide them with sufficient
supply past the year 2070, while other Partners’ water rights do not provide sufficient water
supply to meet current demands. The evaluation also showed that if the Partners shared their
water supplies, they would have sufficient supply to meet all of their demands through 2070.
Goals, Interests and Priorities for Water Rights Strategy
The above-described differences between the Partners’ water rights and projected water demands
demonstrate the value of a strategy related to the Partner water rights at the Duff WTP. The
strategy is intended to meet the following goals, interests, and priorities:
1. Ensure that the water rights at the Duff WTP are strategically managed.
2. Secure a long-term water supply for all Partners.
3. Eliminate the need for Partners to unnecessarily purchase additional water rights.
4. Retain each Partners’ ownership of its existing water rights and create opportunities to
5. obtain value for the water rights.
6. Treat White City, Elk City and Charlotte Ann Water Districts, and other customers
7. served by MWC outside of its service area (Outside Customers) equitably.
Strategic Management of Partners’ Existing Water Rights
GSI recommends that the Partners consider developing a coordinated approach to managing their
water rights and water supply. This coordination could include not only coordinated
management of the water rights at the Duff WTP, but also creation of an opportunity for the
Partners to share their combined water supplies. Coordination will also be necessary to
strategically secure the 20 existing water rights at the Duff WTP. Additionally, if the Partners
established a combined water supply, it could address the imbalances between water rights and
projected water demands that have been previously described, and eliminate the need for the
purchase of additional water rights to meet their individual needs. Further, establishing a
combined water supply could provide the Partners with some level of supply redundancy; that is,
the arrangement could enable each Partner to obtain water from more than one source of supply.
Conceptual Framework for Water Supply Sharing
GSI and the Partners considered multiple approaches to sharing water supply. Based on GSI’s
understanding of the Partners’ goals, interests, and priorities, as well as the Partners’ water
supplies and demands, GSI recommended an approach that provides an opportunity to meet the
Partners’ near-term and long-term goals without jeopardizing any of the Partners’ water rights.
In addition, the Partners would pool their water rights to establish a diverse water rights
portfolio.
Under the recommended option, the Partner Cities and MWC would enter into an
intergovernmental agreement (IGA) to work together on regional water supply. The IGA would
describe how the water rights and water supply would be shared, which would occur in two
phases. Until the Duff WTP capacity was expanded to 100 cfs in approximately 2028, the
Partner Cities and the Outside Customers would share their water supplies. MWC could track
each entity’s water use and compare that with the entity’s individual water rights to determine
whether any compensation was required for use of another entity’s water rights. Additionally,
the Partners would follow an agreed-upon strategy to request water right certificates for their
10.C
Packet Pg. 82
water rights.
In the second phase of this option, the MWC would modify its agreements with the Partner
Cities and Outside Customers and would begin to provide them with surplus water. The water
rights held by the MWC and the Partner Cities would be placed into a regional water supply
pool, which would be managed by the MWC. This would result in the Partners having a diverse
water supply portfolio. The Partner Cities would retain ownership of their water rights, and the
IGA would include a mechanism by which any of the Partner Cities could withdraw from the
group.
The MWC would compensate the Partner Cities for any Operation and Management (O&M)
costs it incurred associated with contracts for stored water that was being used by the Partners.
The MWC would also provide Partner Cities with compensation (based on negotiations between
each Partner City and the MWC) for water rights used by the Partners. The rate the Partner
Cities pay to the MWC would reflect these expenses.
Summary of Recommended Option
The option recommended by GSI provides an approach to meeting the Partners’ near-term and
long-term water supply goals without jeopardizing any of the Partners’ collective water rights.
In the near term, the recommended option provides a method for the Partner Cities and MWC on
behalf of the Outside Customers to initiate a shared water supply strategy. It then changes
relatively quickly to reset the relationship with the MWC, which would then provide surplus
water supply to the Partner Cities and Outside Customers. In addition, the Partners would pool
their water rights to establish a diverse water rights portfolio. Finally, this option minimizes
water rights transactions, such as extensions of time for permits and transfers, and decreases the
risks associated with these transactions.
Next Steps
Establishing a water-sharing agreement will require completing a series of steps or actions. The
following is a brief summary of some of the actions that will be required:
1. The Partners’ staff communicate with their councils/boards, and seek approval to develop
2. a scope of work to develop an IGA.
3. Staff develop the scope of work for drafting the IGA, and take the scope of work to city
4. councils/ board for approval.
5. Staff develop a draft IGA.
6. Staff take the draft IGA to their city councils/board for review and approval.
*Background information provided via a GSI Water Solutions, Inc. Executive Summary Memorandum.
FINANCIAL ANALYSIS:
The development of a regional water rights strategy has the potential to provide significant
savings for regional tax/ratepayers.
LEGAL ANALYSIS:
10.C
Packet Pg. 83
The development of a regional water rights strategy IGA will directly involve the Central Point
City Attorney.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Proactive Government and Citizen Involvement
Goal 1- Build strong relationships between government and its citizens.
Strategies:
(a) Initiate effective communication by implementing varied methods to reach as many citizens
as possible (e.g..Town Hall meetings, social gatherings, reestablish gathering places
(businesses/homes), build upon existing, events, set up kiosks, local
newspaper/newsletter/website, marketing/advertising, personal contact);
(b) Collaborate with other governmental agencies, public and private enterprises, pooling
resources ( e.g. School District #6, RCC/SOU, Library, Theater, RVCOG, Chamber of
Commerce);
(c) Regularly survey the needs of citizens.
STAFF RECOMMENDATION:
Staff is requesting City Council direction regarding the development of an IGA related to
regional water rights strategy.
RECOMMENDED MOTION:
ATTACHMENTS:
1. Feb 27 City Council Presentation
10.C
Packet Pg. 84
Water Rights Strategy for
Partner Water Providers
Medford Water Commission, and
Cities of Ashland, Central Point,
Eagle Point, Jacksonville, Phoenix
and Talent
10.C.a
Packet Pg. 85 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Overview
•Historical Context
•Duff WTP
•20 water rights
•Held by MWC and 6 Partner Cities
•Certification must be strategic
•Other benefits of coordination
•Redundancy / flexibility
•Long-term water supply
•Efficient use of public resources
2
10.C.a
Packet Pg. 86 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Project Activities
•Confirm understanding of Partners’
water rights
•Project Partners’ water demands
•Compare Par tners’ water rights to demands
•Describe governance structures for water sharing groups
•Develop water rights strategy
3
10.C.a
Packet Pg. 87 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Current Status
•Partners are seeking concurrence to
develop a scope of work to draft an
Intergovernmental Agreement (IGA)
4
10.C.a
Packet Pg. 88 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.5
10.C.a
Packet Pg. 89 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
Water Rights Summary
10.C.a
Packet Pg. 90 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
MWC Water
Rights at
Rogue River
Intake
(Duff WTP)
Water Right Source Rate
cfs (mgd)
Certificate
86832 Rogue R.60.85 (39.3)
Permit
S-23210 Rogue R.39.15 (25.3)
Permit
S-54935
Big Butte
watershed
“All remaining
unappropriated
waters…”
7
10.C.a
Packet Pg. 91 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Partner
Cities’
Water
Rights at
Duff W TP
City Rate (cfs)Volume (AF)
Ashland N/A 1,000
Central
Point 5.306 1,113.6
Eagle Point 6.27 1,860.94
Jacksonville N/A 600
Phoenix 8.1 1,000
Talent N/A 1,292
8
10.C.a
Packet Pg. 92 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
Comparison of Water Rights
and Water Demands
10.C.a
Packet Pg. 93 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
MWC’s
Projected
Demands
2030 2040 2070
MDD
Rate
(mgd)
53.53 59.16 73.08
Volume
(MG)9,629 10,682 13,280
10
10.C.a
Packet Pg. 94 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Partner
Cities’
Water
Demands
(MDD)
City 2030
(mgd)
2040
(mgd)
2070
(mgd)
Ashland 3.0 3.0 3.0
Central
Point 8.37 9.76 15.01
Eagle
Point 4.52 5.00 6.74
Jackson-
ville 1.88 2.16 3.28
Phoenix 2.63 3.13 5.07
Talent 2.45 2.82 4.21
11
10.C.a
Packet Pg. 95 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Partner
Cities’
Water
Demands
(Volume,
May-Sept)
City 2030
(MG)
2040
(MG)
2070
(MG)
Ashland 326 326 326
Central
Point 791 922 1418
Eagle
Point 445 453 610
Jackson-
ville 202 232 353
Phoenix 338 402 651
Talent 205 236 352
12
10.C.a
Packet Pg. 96 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Outside
Customer
Projected
Demands
(Vo lume,
May-Sept)
2030
(MG)
2040
(MG)
2070
(MG)
922 1,160 1,492
13
10.C.a
Packet Pg. 97 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
Water Rights Strategy
10.C.a
Packet Pg. 98 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Water Rights Strategy
•Water rights certification strategy
•Water sharing and governance
strategy
15
10.C.a
Packet Pg. 99 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Certification Factors Considered
•Development deadline
•Ty pe of water right (permit, transfer)
•Projected water demand
•Water right limitations
•Equity
•Goal to minimize transactions
16
10.C.a
Packet Pg. 100 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Certification Strategy
•Generally certificate Partner Cities’
water rights 1st
•Near-term development deadlines
•(2035 or sooner)
•Certificate MWC permit later
•Starting at 100 cfs capacity
•Development deadlines –2050 & 2056
•Exception –“volume only” rights
17
10.C.a
Packet Pg. 101 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Water Sharing Strategy -Goals,
Interests, Priorities
•Strategically manage water rights at
Duff WTP
•Ensure long-term supply for Partners
•Eliminate unnecessary W.R. purchases
•Partners retain ownership of W.R.s
•Opportunity to obtain value for W.R.s
•Tr eat “outside customers” equitably
18
10.C.a
Packet Pg. 102 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Reasons for Coordination
•Coordinated management to secure
water rights at Duff WTP
•Opportunity to share water supplies
•Eliminate need for additional rights
•Supply redundancy / flexibility
19
10.C.a
Packet Pg. 103 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Recommended Supply Sharing
•GSI recommended approach
•Meets goals, interests, priorities
•Meet near-and long-term goals
•Does not jeopardize water rights
•Allow pooling of water rights
•MWC and Partner Cities enter IGA for
regional water supply
20
10.C.a
Packet Pg. 104 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Recommended Supply Sharing
•Tw o Phases to IGA with MWC and
Partner Cities
•At current WTP capacity –until ~2028
•When WTP capacity increases to 100 cfs
21
10.C.a
Packet Pg. 105 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Recommended Supply Sharing
•At current WTP capacity, Partner Cities
& outside customers share supply
•MWC tracks water use vs water rights
•Follow strategy to request water right
certificates
•Continue developing collaboration
22
10.C.a
Packet Pg. 106 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Recommended Supply Sharing
•At WTP capacity of 100 cfs Partner
Cities/Outside Customers enter into
surplus water agreements with MWC
•Water rights placed into regional water
supply pool
•Cities retain ownership
•Opportunity to withdraw from group
•Compensation for Cities’ water rights
used and O&M costs per IGA
23
10.C.a
Packet Pg. 107 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
Next Steps
10.C.a
Packet Pg. 108 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.
Develop a Water Sharing
Agreement
•Partners seek concurrence to develop
scope of work for IGA
•Develop scope of work
•Obtain approval for scope of work
•Develop draft IGA
•Obtain approval of draft IGA
25
10.C.a
Packet Pg. 109 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
Questions?
10.C.a
Packet Pg. 110 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.27
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
5,500
Demand Volume, MG2070 Monthly Demand Volumes (Medium Scenario)
MWC Central Point Eagle Point Jacksonville Phoenix Talent Ashland
~810 MG/month available from BBS (26.4 mgd)
+4,150 MG/month available from all Partner water rights (136.1 mgd/210.5 cfs)
10.C.a
Packet Pg. 111 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.28
10.C.a
Packet Pg. 112 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)
GSI Water Solutions, Inc.29
10.C.a
Packet Pg. 113 Attachment: Feb 27 City Council Presentation (1250 : Regional Water Rights Strategy Development)