HomeMy WebLinkAbout2023-05-11 City Council - Full Agenda-1262
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, May 11, 2023
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(1742) Ord (2099)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
1. Swearing in of Officers
2. Jackson County Fire District 3 Annual Report
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 April 13, 2023 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.
A. First Reading Ordinance Establishing Recreation Fee (Clayton)
IX. ORDINANCES, AND RESOLUTIONS
A. Resolution Approving License Agreement - Boes Property (Dreyer)
B. Resolution Approving Riparian Land Lease Agreement (Samitore)
X. BUSINESS
A. Planning Commission Report - May 9, 2023
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. 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 541-423-1015 (voice), or by e-mail to
Rachel.neuenschwander@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, April 13, 2023
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 Present
Kelley Johnson Ward II Remote
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Scott Logue; Parks and Public Works Director Matt Samitore; Human
Resources Director Elizabeth Simas; Planning Director Stephanie Holtey; Park Planner
Dave Jacob; and City Recorder Rachel Neuenschwander
IV. SPECIAL PRESENTATIONS
1. Employee Award Presentation
Human Resource Director Elizabeth Simas presented to the council the employees
who received recognition for Growth and Achievement, Team Work, Manager of the
Year and Employee of the year.
V. PUBLIC COMMENTS
VI. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of March 23, 2023 City Council Minutes
B. OLCC Application - El Poblano Mexican Restaurant
C. OLCC Application - MOVINO LLC
VII. ITEMS REMOVED FROM CONSENT AGENDA
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City of Central Point
City Council Minutes
April 13, 2023
Page 2
VIII. ORDINANCES, AND RESOLUTIONS
A. Second Reading of Ordinance Amending Chapter 5.44 Mobile Food Vendors
Parks and Public Works Director Matt Samitore presented to council the second
reading of Ordinance Amending Chapter 5.44 Mobile Food Vendors, there were no
changes since the first reading.
Taneea Browning moved to approve Ordinance No 2098 an Ordinance
Amending Ordinance NO 2089 Section 1 (in part) regarding Mobile Food
Vendors.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Resolution Establishing Don Jones Park Seasonal Vending Permit Policy
Parks and Public Works Director Matt Samitore presented to council a resolution
establishing Don Jones Park Seasonal Vending Permit Policy. The proposed policy
would allow up to 3 units to be permitted on either a monthly or seasonal basis. The
policy establishes requirements for licensing, insurance and indemnity and provides
for rules of operation, hours of use, clean-up requirements and application
requirements.
City Attorney Sydnee Dreyer requested that a minor adjustment be made in the
policy to add the word environmental to the end of the licenses paragraph.
The Council questioned if a vendor could purchase multiple permits and if the units
could be stored on-site. Staff responded no. In the rules and regulations Section No.
19, no person, partnership or corporation will be issued more than one seasonal park
vending permit at any one time. Rules and Regulations No. 16 Park vendors will not
be allowed to leave there pushcart, vehicle, or equipment unattended at any time.
Rob Hernandez moved to approve Resolution No 1739 a Resolution
Establishing Don Jones Memorial Park Seasonal Vending Permit Policy
Effective April 15, 2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Resolution Accepting the Proposal from Scharen Design Studio for the Boes
Park Master Plan Project and Authorizing the City Manager to Execute a
Contract
Matt Samitore presented to the council a resolution authorizing the award of a
contract for Boes Park Master Plan and construction drawings to Scharen Design
Studios and authorizing the City Manager to execute a contract. The Master Plan
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City of Central Point
City Council Minutes
April 13, 2023
Page 3
has four phases, for a total of $60,000. The phases are Analysis Vision, Concept
Alternatives, Concept Draft, and Final Concept. The project is currently in the Parks
Budget and will be carried over to the 23/25 Fiscal Year Budget.
Mike Parsons moved to approve Resolution No 1740 authorizing the award
of a contract for Boes Park Master Plan and construction drawings to
Scharen Design Studios and authorizing the City Manager to execute the
same.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Neil Olsen, Ward I
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
D. Resolution Adopting the My Veteran / My Hero Tribute Tree Program
Parks Planner Dave Jacobs presented to council a resolution adopting the My
Veteran/My Hero Tribute Tree Program. The program offers families and friends the
opportunity to honor and memorialize their US Military Veteran/Hero by donating
$450 to purchase a plant a Tribute Tree.
Taneea Browning moved to approve Resolution 1741 a resolution adopting
the My Veteran/My Hero Tree Program and implementation policies.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
IX. BUSINESS
A. Planning Commission Report
Planning Director Stephanie Holtey presented to council the Planning Commission
report from the April 4th Planning Commission Meeting. There were two discussion
items on the agenda including a Floodplain Management Program update and
Planning Commissioner training on public hearing procedures and best practices.
The Planning Commission was updated on four applications recently received to
support a mixed-use development project in Twin Creeks. These are anticipated
to be scheduled for a public hearing in June.
X. MAYOR'S REPORT
Mayor Hank Williams reported that:
He attended the Medford Chamber Forum
He attended the Employee Recognition Luncheon
He attended the Chamber Greeter's
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City of Central Point
City Council Minutes
April 13, 2023
Page 4
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
The department directors have been working on budget prep.
The Employee Reward Banquet was today and it went well.
He will share an article on the Medford Library.
Study Session Monday Night is a tour the Rogue Primary School.
The Skate Park was vandalized over the weekend; the park will be locked up until
school ends in June for safety reasons. The May Study Session will be a discussion
on the future of the park.
The Community Center Project is moving along.
He will share plans with the Council for the Little League in the next couple of weeks.
XII. COUNCIL REPORTS
Council Member Melody Thueson reported that she attended the School Board
meeting at Crater School of Business.
Council Member Mike Parsons reported that:
He attended the April Jackson County Public Policy Coordinating Council Meeting,
the primary topic being an introduction of a pilot program of the Jackson County
Mental Health and Mercy Flights called “Mobile Crisis Intervention Teams.” This
concept will take the Police Department out of mental health-related issues.
He attended the Planning Commission meeting.
He attended the Parks and Recreation event “Eggstravaganza” at Twin Creeks Park.
He attended the Jackson County Central Point Library ribbon-cutting event.
Council Member Rob Hernandez reported that:
He attended the TRADCO Meeting.
He attended the Medford Chamber Forum.
Kelley Johnson reported that:
She attended the executive board meeting for RVCOG
She has been attending Commission on Access, Diversity, Equity, & Inclusion
meetings. She would like the City to incorporate translations in the minutes, on the
website, and in the activity guide.
Taneea Browning reported that:
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City of Central Point
City Council Minutes
April 13, 2023
Page 5
She attended the Medford Chamber Forum.
She attended the CP Chambers Greeters.
She attended the Jackson County Central Point Library ribbon-cutting event.
Crater Works hosted a Chamber mixer on Tuesday.
She attended the SOREDI Board Meeting.
She continues to work with the Innovation Hub, a group of leaders in Jackson and
Josephine County trying to establish community assets for innovation.
She attended the Medford Water Commission meeting.
She attended the Bear Creek Restoration Invocation group meeting.
The Direct Involvement Recreation Teaching concluded its intern sessions with the
Crater Land Lab students.
She attended an Environthon event, a high school activity competing in testing water
quality and soil.
She is the newly elected Chairperson for the Western States Municipal Association.
She attended the Wyden town hall meeting in Phoenix.
She has attended weekly legislative calls that help guide the lobbying efforts of the
LOC.
She will be testifying in front of the Ways and Means Committee next week,
advocating for two infrastructure projects in Central Point.
She attended the National League of Cities conference in Washington DC as
immediate past president of the League of Oregon Cities.
Neil Olsen reported that:
He attended the Planning Commission meeting.
He attended the Parks and Recreation Easter event over the weekend.
XIII. DEPARTMENT REPORTS
Police Chief Scott Logue reported that:
He attended the Oregon Chiefs of Police Conference last week.
There was a crash on Hwy 99 where a vehicle struck the Rogue Creamery.
Monday, they had a new officer start with ten years of experience with Oregon Fish
and Game.
Planning Director Stephanie Holtey reported that;
The Planning Team is working on code amendments to implement parking reforms;
this will go to the Citizens Advisory Committee next week.
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City of Central Point
City Council Minutes
April 13, 2023
Page 6
She is working on preparing findings for the land use and zone map amendments for
various areas throughout the City. The objective of these is to support development.
There is an annexation application at 4404 Biddle Road.
A major modification request for Central Point Station having to do with the short-
term rentals will be going to Planning Commission for a public hearing in May.
Parks and Public Works Director Matt Samitore reported that:
The Easter egg hunt was overwhelming; they will be making some changes to the
event next year.
New high-tech cameras were installed at Pfaff Park.
The Hanley project has been finished, the fire hydrant will need to be moved to
ensure it doesn't get hit since parking lot will not be completed in phase one.
The Hamrick and Pine construction is waiting on the weather to clear up to complete
the project.
Finance Director Steve Weber reported that:
He is working on the Budget, and is wrapping up the budget message.
Rachel is working on getting the budget document put together.
Jackson County Commissioner Dave Dotterer reported that the County finished up
on the budget, and he wanted to share with the Council regarding property taxes and
the effect of Urban Renewal and Enterprise zones on the County and other taxing
districts.
XIV. ADJOURNMENT
The foregoing minutes of the April 13, 2023, Council meeting were approved by the City Council
at its meeting of _________________, 2023.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: May 11, 2023
SUBJECT: First Reading Ordinance Establishing Recreation Fee
ACTION REQUIRED:
Motion
Public Hearing
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
City staff has met with Council on several occasions regarding funding options for operations
and programming at the Community Center and Little League fields. As part of the funding
strategy, the City has looked to a Recreation Fee to be adopted effective July 1, 2023 which
would be used to contribute to funding operations and maintenance at these facilities. Though
the Community Center is not likely to be completed until approximately July 2025, the fee would
begin July 2023 in order to have reserves set aside in an account upon opening the Community
Center that can be used for operations. Unlike the Parks Maintenance Fee which is for general
maintenance of City parks, this fee would be set aside for the operations and programming of
these two recreation facilities. The ordinance also allows the Council to consider using the fee
in the future for other recreation facilities operated by the City.
As with other City fees, the rate would be established by separate resolution; the planned rate
would be $3.50 per month.
FINANCIAL ANALYSIS:
The proposed $3.50 per month fee would generate approximately $325,000 annually. As
described above, revenue from this source would be restricted within the city’s general fund.
LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Investment - Public and private investments in Central Point include physical (i.e.,
new buildings, streets, waterlines, businesses, parks, etc.); social (e.g., programs and services
that support people: families, youth, retirees, etc.); and economic (i.e., programs and facilities
that foster new growth and development necessary to fuel the local economy and provide jobs
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for residents).
GOAL 1 - Build a strong city that is fiscally sustainable and provides enhanced services and
small-town nuance.
STRATEGY 1 – Partner with Urban Renewal to develop objective criteria to prioritize incentives
and investments for planning and infrastructure projects that maximize value to the community
in terms of cost-benefit, providing a connection between the east and west sides of town, and
providing an urban form that is walkable, attractive and resilient to change.
STAFF RECOMMENDATION:
Move ordinance to second reading.
RECOMMENDED MOTION:
I move to forward to second reading an Ordinance amending in part Central Point Municipal
Code adding Chapter 3.27 establishing a Recreation Fee.
ATTACHMENTS:
1. Ordinance Establishing Recreation Fee
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Ordinance No. __________ (Council Meeting 5/___/2023)
ORDINANCE NO. _____
AN ORDINANCE AMENDING IN PART THE CENTRAL POINT MUNICIPAL CODE
ADDING CHAPTER 3.27 ESTABLISHING A RECREATION FEE
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to
time revise its municipal code which shall become part of the overall
document and citation.
B. As part of the city’s plan to fund future operational and programming costs
for the Community Center and Little League Fields the city has determined
that it is necessary to adopt a new recreation fee.
C. The proposed Recreation Fee would begin collections as of July 1, 2023, to
be held in the City’s general fund until such time that operations begin at
the Community Center, in approximately July 2025.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 3.27, Recreation Fee is added to Title 3 of the Central
Point Municipal Code.
SECTION 2. 3.27.010 Creation of recreation fee, purpose.
There is hereby created a recreation fee for the purpose of providing funding for
operations and programming at the Community Center and the Little League Fields.
Fees collected shall be deposited in the city of Central Point general fund recreation fee
account to be used only for the purposes identified in this chapter. The council hereby
finds, determines and declares the necessity of supporting operations and programming
for the Community Center and Little League Fields, including such activities as are
necessary to properly operate, maintain and program said facilities and to assure that
the health, safety and welfare of the city and its inhabitants may be safeguarded.
SECTION 3. 3.27.020 Definitions.
“Developed property” means property on which improvements have been constructed,
as defined in the land use planning code.
“Multiple-family unit” means a residential structure with three or more attached dwelling
units in one or more structures in which the units are served by common meters for
water.
“Nonresidential unit” means a use of developed property not for personal, domestic
accommodation, such as a business, commercial, or industrial enterprise. A
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Ordinance No. __________ (Council Meeting 5/___/2023)
nonresidential unit which provides facilities for one or more businesses shall be charged
as a single unit for purposes of the recreation fee.
“Residential unit” means a residential structure accommodating one dwelling unit,
including manufactured structures and mobile homes. In the case of attached dwelling
units such as duplexes, townhomes, condominiums, and accessory or ancillary dwelling
units which include permanent provisions for sleeping, cooking and sanitation, each unit
which is separately metered for water shall be considered a separate residential unit for
purposes of collecting the fee.
“Responsible party” means the person(s) having the right to occupy the property unless
another responsible person has agreed in writing to pay and a copy of that writing is
filed with the City. If the City is not able to identify any other responsible person, or if the
person(s) having the right to occupy the property refuses to pay the City’s recreation
fee, the owner of record shall be the responsible party.
“Undeveloped property” means unimproved land and open space as defined by the city
of Central Point land use codes.
SECTION 4. 3.27.030 City to operate, maintain and provide programming at
recreational facilities.
The City intends to operate, maintain and provide programming at the Community
Center, Little League Fields and any other recreational facility accepted by the city.
Such facilities exclude private facilities not yet accepted by the city for operations,
maintenance and programming. The city parks director shall develop and implement
a maintenance and operations plan for accepted city recreation facilities, and the city’s
investment therein shall be preserved, insofar as possible to do so, with funds available
and in accordance with policies adopted by the council.
SECTION 5. 3.27.040 Administrative Officer designated.
In addition to such other duties and responsibilities as may be assigned to the director,
the parks and recreation director shall be responsible for developing operations,
maintenance and programming standards for the Community Center and Little League
Fields and for programming at such facilities, and all other activities related to the
purpose of the recreation fee, subject to approval by the budget committee for any such
fee.
SECTION 6. 3.27.050 Establishment and revision of recreation fee.
The city council hereby establishes a recreation fee to be paid by the responsible party
for each developed property within the corporate limits of the city. Such fee shall not be
imposed in amounts greater than that which is necessary, in the judgment of the City
Council, to provide sufficient funds to properly operate and maintain the Community
Center and Little League Fields. Collection of the fee for each property shall be made
by a monthly charge which shall commence on the first day of July, 2023. The City
Council may, from time to time, by resolution, change the fee based upon revised
estimates of the cost of operating and programing the Community Center and Little
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Ordinance No. __________ (Council Meeting 5/___/2023)
League fields, as well as additional costs of operation and programming at any other
accepted recreation facility within the corporate limits of the city.
SECTION 7. 3.27.060 Imposition of the recreation fee.
A. Residential Unit. There is hereby imposed upon developed residential units in the city
a recreation fee for each dwelling unit existing on that parcel.
B. Multiple-Family Unit. There is hereby imposed upon the responsible party for a
multiple-family unit a recreation fee for each separate dwelling unit within the multiple-
family unit existing on that parcel. By way of example, an apartment complex containing
thirty units would be subject to a monthly recreation fee of 30 units x multi-family
recreation fee.
C. Nonresidential Unit. There is hereby imposed upon the responsible party for a
nonresidential unit a recreation fee for each common meter to serve the nonresidential
unit existing on that parcel.
D. This fee is deemed reasonable and is necessary to pay for the operation and
programming of the Community Center and Little League Fields. The fee amount is
established in the most recent fee schedule approved by resolution of the City Council.
The effective starting date of this fee will be July 1, 2023, and will appear on water bills
delivered in July 2023.
SECTION 8. 3.27.070 Rate Adjustment.
An annual rate adjustment may be made based on the Consumer Price Index (CPI-U)
for the Portland, Oregon MSA and index period 1982-1984 = 100. The adjustment shall
be the percent change in the CPI for the calendar year ending December 31st of each
year. The adjustment shall be made to the customer’s water bill beginning the following
July 1. The first adjustment may be made in July 2024 upon resolution duly adopted and
approved by the city council.
SECTION 9. 3.27.080 Billing and Collection of recreation fee.
A. Recreation fees shall be collected monthly on the city water bill per Section 3.27.060.
B. The person normally responsible for paying the city water charges is responsible for
paying the recreation fee, if the property is located within the city limits.
C. In the event a developed property is not served by a domestic water meter, or if
water service is discontinued, the recreation fee shall be billed to the persons having the
right to occupy the property. If unpaid by the occupants of the property the bill will be the
responsibility of the property owner ultimately.
D. A request for water or sewer service, a building permit, or the occupancy of an
unserviced building will automatically initiate appropriate billing for the recreation fee.
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Ordinance No. __________ (Council Meeting 5/___/2023)
E. There shall be no charge for an undeveloped property until such time as any permit
is issued for that property.
F. A late charge shall be attached to any recreation fee not received within thirty days of
billing. The charge is established under administrative fees by resolution.
G. Notwithstanding the above, if the recreation fee is not paid for a period of three
months, the fee, with any attendant late fees, shall be imposed on the responsible party.
Unpaid amounts will ultimately become a lien against the property and the responsibility
of the property owner. Water is subject to shut-off by the city.
SECTION 10. 3.27.090 Recreation fee discount for extreme hardship.
Eligible households may apply for a discount of the recreation fee pursuant to that
procedure set forth in Chapter 13.16.
SECTION 11. 3.27.100 Moneys to be paid in recreation fee account.
All fees collected by the city shall be paid into the recreation fee account. It shall not be
necessary that the operations and programming expenditures from the account
specifically relate to any particular property from which the fees for said purposes were
collected. To the extent that the fees collected are insufficient to properly operate and
provide programming, the cost of the same may be paid from such other city funds as
may be determined by the city council, but the city council may order the reimbursement
of such funds if additional fees are thereafter collected. All amounts on hand in the
recreation fee account shall be invested by the chief financial officer in investments
proper for city funds. The fees paid and collected by virtue of this chapter shall not be
used for general or other governmental or proprietary purposes of the city, except to pay
for the equitable share of the cost of accounting, management and government which is
attributable to the account, which shall not exceed five percent of the gross revenues of
the account during any fiscal year. Other than as described above, the fees and charges
shall be used solely to pay for the cost of operation, administration, maintenance, repair,
improvement, renewal, replacement, reconstruction and programming of the Community
Center and Little League Fields and any other recreation facility accepted by the city.
SECTION 12. 3.27.110 Appeal Procedure.
A person aggrieved by a decision required or permitted to be made by the parks director
under this chapter may appeal the decision or the expenditure to the city council as
provided in Section 1.04.060.
SECTION 13. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.,
Recitals A-C) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
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Ordinance No. __________ (Council Meeting 5/___/2023)
SECTION 14. 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 ___________, 2023.
________________________________
Mayor Hank Williams
ATTEST:
_________________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: May 11, 2023
SUBJECT: Resolution Approving License Agreement - Boes Property
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City of Central Point owns undeveloped real property comprising approximately 30-acres
commonly referred to as the Boes Property (Map No. 362W34C Tax Lot 2100; Map No.
362W34D Tax Lots 240, 300, 1100, &1200). The Boes Property was acquired with Federal
Land and Water Conservation funds and is restricted to public park and outdoor recreation
purposes.
Direct Involvement Recreation Teaching (D.I.R.T), an Oregon nonprofit, provides environmental
education classes for youth, students and adults, including education specific to local flora and
fauna. Currently, D.I.R.T leases property at the Skyrman Arboretum for youth environmental
education and camps.
D.I.R.T desires to provide education in the establishment of pollinator gardens through
installation of a pollinator garden at the Boes Property. D.I.R.T further desires to lead guided
hikes along the creek trail, plant and remove vegetation per approved City plans, and to provide
other outdoor environmental education programs, all of which are consistent with the restricted
uses for the Boes Property.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
The proposed agreement consists of a revocable license which the City could terminate at any
time for any reason upon 90-days prior written notice. The license agreement is more flexible
than a lease for the City; if the City were to need to terminate the use for any reason, it could do
so. However, the license agreement still provides adequate protection to the City as it requires
D.I.R.T to carry appropriate insurance and to indemnify, defend and hold the City harmless for
any loss, damage or injury caused by its operations at the Boes Property. The license
agreement also requires that the use of the property be limited to outdoor education and
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programs, consistent with the restrictions of the grant award, and contains a number of use
restrictions to ensure the licensee properly uses the property, cleans up after its programs,
avoids the use of amplified devices, and other appropriate restrictions.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Engagement
GOAL 2 - Promote community and city government through volunteerism.
STRATEGY 1 – Offer internships for youth through partnerships with local businesses,
governments, and schools.
STRATEGY 2 – Promote volunteer opportunities regularly. Maintain a database of volunteers
and their interests to further this objective.
STRATEGY 3 – Partner with the Chamber of Commerce to celebrate local accomplishments
and recognize volunteer efforts throughout the community.
STRATEGY 4 – Continue to embrace volunteerism, including the Central Point Police VIPS
Program.
STRATEGY 5 –Expand existing park and recreation volunteer programs to increase
involvement in recreation programs, special events, and park maintenance. Work with School
District 6 and other organizations to provide enhanced community service opportunities for our
youth to be directly involved in park and recreation projects. Examine the potential of developing
a citizen “adopt a park” program.
STAFF RECOMMENDATION:
Make a motion to approve the Resolution.
RECOMMENDED MOTION:
I move to approve Resolution No. _____ a Resolution Approving the License, Release and Hold
Harmless Agreement for Boes Property with D.I.R.T. and Authorizing the City Manager to
Execute Same.
ATTACHMENTS:
1. Reso License Agt DIRT - Boes Property
2. License Agreement - Boes
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Res. No.___________; May 11, 2023 Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING THE LICENSE, RELEASE AND HOLD HARMLESS
AGREEMENT FOR BOES PROPERTY WITH D.I.R.T. AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
Recitals:
A. The City of Central Point owns undeveloped real property comprising approximately 30-
acres commonly referred to as the Boes Property (Map No. 362W34C Tax Lot 2100; Map
No. 362W34D Tax Lots 240, 300, 1100, &1200).
B. The Boes Property was acquired with Federal Land and Water Conservation funds and is
restricted to public park and outdoor recreation purposes.
C. Direct Involvement Recreation Teaching (D.I.R.T), an Oregon nonprofit, provides
environmental education classes for youth, students and adults, including education
specific to local flora and fauna.
D. D.I.R.T desires to provide education in the establishment of pollinator gardens through
installation of a pollinator garden at the Boes Property. D.I.R.T further desires to lead
guided hikes along the creek trail, plant and remove vegetation per approved City plans,
and to provide other outdoor environmental education programs, all of which are
consistent with the restricted uses for the Boes Property.
E. The City has determined it is in the public interest to grant a revocable license to D.I.R.T
for use as an outdoor environmental education site, subject to the covenants and
agreements specified in the proposed agreement.
The City of Central Point resolves as follows:
Section 1. The City Council approves the License, Release and Hold Harmless Agreement with
D.I.R.T for use of the Boes Property in the form attached hereto.
Section 2. The City Manager or his designee is hereby authorized to execute the License,
Release and Hold Harmless Agreement with D.I.R.T. and any related documents necessary to
effectuate the acceptance of this agreement.
Section 3. This Resolution shall take effect immediately from and after its passage and
approval.
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Res. No.___________; May 11, 2023 Page 2
Passed by the Council and signed by me in authentication of its passage this _____ day of May,
2023.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
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CITY OF CENTRAL POINT
LICENSE, RELEASE AND HOLD HARMLESS AGREEMENT
BOES PROPERTY
Effective Date: ______________________
Between: CITY OF CENTRAL POINT (“City”)
an Oregon municipal corporation
140 S. Third Street
Central Point, OR 97502
And: DIRECT INVOLVEMENT RECREATION TEACHING (“Licensee”)
an Oregon nonprofit corporation
P.O. Box 5581
Central Point, OR 97502
RECITALS:
WHEREAS, the City of Central Point owns or controls certain real property commonly
referred to as Boes Property (Map No. 362W34C Tax Lot 2100; Map No. 362W34D Tax Lots
240, 300, 1100, &1200), comprising approximately 30 acres of undeveloped open space located
in Central Point, Jackson County, Oregon (the “Property”); and
WHEREAS, the Property was acquired with federal land and water conservation funds and
is restricted to public park and outdoor recreation purposes; and
WHEREAS, the use and occupancy of the Property by Licensee, pursuant to a valid license
agreement is consistent with the purposes of such public property restrictions; and
WHEREAS, Licensee provides environmental education for children, students, and adults,
including education specific to local flora and fauna; and
WHEREAS, Licensee has requested permission to utilize the Property for creation and
installation of a pollinator garden, to lead guided hikes along the creek trail, to plant and remove
vegetation per approved plans, and to provide other environmental education programs; and
WHEREAS, City desires to issue to Licensee a revocable license and permit to use and
occupy the Property, per the terms and conditions set forth herein;
WHEREAS, the use and occupancy permitted under this Agreement shall be strictly
limited to outdoor environmental education, and vegetation maintenance. No other commercial
activity is authorized; and
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WHEREAS, Licensee agrees to fully comply with all terms and conditions and
requirements of this Agreement, as well as any and all applicable rules and regulations referenced
herein;
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, City and Licensee agree as follows:
1. Recitals. The above statements are true and correct and are incorporated herein by this
reference.
2. Grant of Nonexclusive License/Term. City hereby grants, and Licensee hereby accepts,
this revocable nonexclusive license for use of the Property, subject to the covenants, conditions,
terms and provisions of this Agreement. Licensee shall be permitted to occupy the Property as of
the Effective Date specified above and may continue use until the License is terminated as
provided in Section 8 below. The Property shall also be used and maintained by City for any other
permitted public purpose. This License shall be subject to all other applicable local, state and
federal rules, regulations and restrictions applicable to such Property.
3. Scope of Grant. The use of the Property and sole purpose of the License granted herein
is to allow use of the Property for outdoor education and programs, including but not limited to,
establishment of pollinator garden, outdoor education classes, guided trail hikes, creek
maintenance and restoration (subject to approved City plans and any applicable permits),
temporary storage of Licensee materials and equipment in a shed at location approved by City.
The License is strictly limited to this use.
3.1 Associated Facilities Not Provided. Licensee acknowledges and understands that
the Property is currently undeveloped open space that is not open to the public. As such,
the Property does not contain restroom facilities, drinking water, developed walkways or
paths, and the City has no obligation to provide such facilities pursuant to this Agreement.
3.2 Parking. Two small undeveloped parking areas are available for use on a first-
come first served basis as depicted at Exhibit A attached hereto and incorporated herein by
reference.
4. Use of Property.
4.1 Compliance with Law. Comply with all federal, state and local laws, rules and
regulations applicable to public health and safety, creek maintenance, floodplain
restrictions, educational programming, ADA requirements, if any, and doing business in
the City of Central Point.
4.2 Maintenance and Safety. While the City will generally maintain upkeep of the
Property, Licensee shall not interfere with city maintenance and will keep the Property in
good repair and safe, sanitary and in a clean and attractive condition.
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4.3 Improvements and Placement of Equipment. Unless otherwise set forth herein,
Licensee may make physical improvements or alterations to the Property or install
temporary structures thereon only after express written authorization of the City Parks and
Public Works Director, or his designee.
4.4 Removal of Refuse. Trash and recycling containers are not available at the
Property. Licensee shall be required to provide refuse containers suitable for placement of
litter generated by its attendees and other persons and shall collect all litter and garbage
generated in the operation of its business at the end of each business day and remove same
from the Property.
4.5 No Use of Amplified Device. Licensee shall not use amplified devices at the
Property including amplified music, microphones or similar devices.
4.6 No Equipment Provided by City. Licensee shall be responsible to provide its
own equipment and supplies at its sole expense.
4.7 Utilities. City shall provide water service for irrigation at no cost to Licensee. No
electrical facilities are available at the Property.
4.8 Smoking Prohibited. Smoking is prohibited at the Property. Licensee shall
strictly abide by the City’s prohibition on smoking.
4.9 Vehicle Access Prohibited. Vehicle access is prohibited except in the designated
parking areas depicted at Exhibit “A”.
4.10 Hours of Operation. Use of the Property is limited to Monday through Sunday
between the hours of _________a.m. to _____________p.m.
4.11 Signage. Temporary signage such as “lawn signs” are permitted. No permanent
signage shall be affixed to the Property.
4.12 No Alcohol Permitted. Possession and use of alcohol is prohibited.
4.13 Fires Prohibited. No fires are permitted within the Property.
4.14 Supervision of Volunteers and Instructors. Licensee agrees that it is solely
responsible to implement appropriate screening and supervision procedures to protect
children, youth, and vulnerable adults attending Licensee’s functions at the Property.
5. Insurance. Licensee shall procure and thereafter during the term of the License shall
continue to carry insurance described below at Licensee's cost. It is agreed that any
insurance maintained by City shall apply in excess of, and not contribute with, insurance
provided by Licensee. Licensee’s insurance shall be primary and non-contributory.
Certificates evidencing such insurance and bearing endorsements requiring 10 days' written
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notice to City prior to any change or cancellation shall be furnished to City prior to
Licensee's use of the property:
5.1 General Liability. Commercial general liability policy (occurrence version) in a
responsible company with coverage for bodily injury and property damage liability,
personal and advertising injury liability, and medical payment with a limit of not less than
$1,000,000 combined single limit per occurrence/$2,000,000 aggregate. Such insurance
shall cover all risks arising directly or indirectly out of Licensee's activities on or any
condition of the Property whether or not related to an occurrence caused or contributed to
by City’s negligence. Such insurance shall protect Licensee against the claims of City on
account of the obligations assumed by Licensee under Section 6 and shall name City as an
additional insured.
5.2 Workers Compensation. Licensee shall procure workers’ compensation
insurance as required by Oregon statue for all subject workers employed at the Property.
6. Indemnification and Hold Harmless. Licensee shall indemnify, defend and hold
harmless City, its elected officials, employees, agents and volunteers harmless from any
claim, loss, action, cost, expense or liability or other damages resulting from injury to any
person (including injury resulting in death) or damage (including loss or destruction) to
property, of whatsoever nature arising out of or incident to this License or the activities
that take place on the Property. Licensee waives the right to subrogation regarding the
insurance policy as described in Section 5 above. Licensee will not be held responsible for
damages caused by City's negligence or intentional or fraudulent act or omission or such
acts by City's agents or employees. The obligation to indemnify is expressly understood
to survive termination of this License for any reason, and includes reasonable attorney’s
fees, including fees on appeal, and all other reasonable costs, expenses or liabilities
incurred by City.
7. AS-IS. Use at Own Risk. LICENSEE HEREBY ASSUMES FULL RESPONSIBILITY
FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE that may
be incurred arising from Licensee’s operations at the Property, including but not limited to
use of City’s equipment (if any), regardless of whether harm is due to the sole or partial
fault of City.
8. Termination This Agreement may be terminated at any time, for any reason upon ninety
(90) days prior written notice to the other party. This Agreement may also be terminated
immediately by either party if the other party fails to comply with the material provisions
of this agreement, upon ten (10) days prior written notice of termination for breach. In
such event, if the breaching party fails to correct such breach within the 10-day period, the
License will automatically terminate without further notice.
9. Surrender. Upon the termination of this License, Licensee shall surrender the Property to
the City in as good or better condition and order as was originally received, except as
allowed for reasonable wear and tear.
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10. Miscellaneous Provisions.
10.1 Amendment. This Agreement may not be modified, nor may compliance with any
of its terms be waived, except by written instrument executed and approved in the same
manner as this Agreement.
10.2 No Joint Venture Nothing herein in intended to create an employment
relationship, joint venture or partnership between the parties herein.
10.3 Notice Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by email/facsimile followed by telephone confirmation of receipt,
or sent by United States registered or certified mail, with postage prepaid, return receipt
requested, addressed to the party to which notice is to be given at the party's address set
forth on the signature page of this Agreement or at such other address as the parties may
from time to time designate by written notice. Notices served by United States mail in the
manner above described shall be deemed sufficiently served or given at the time of mailing
thereof.
10.4 Arbitration Required/Mediation First Option. Any dispute or claim that arises
out of or that relates to this Agreement, or to the interpretation or breach thereof, or to the
existence, validity, or scope of this agreement or the arbitration agreement, shall be
resolved by arbitration in accordance with the then effective arbitration rules of (and by
filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award
rendered pursuant to such arbitration may be entered in any court having jurisdiction
thereof. The parties acknowledge that mediation helps parties settle their dispute and any
party may propose mediation whenever appropriate through Arbitration Service of
Portland or any mediator selected by the parties.
10.5 Entire Agreement. This Agreement constitutes the entire understanding between
the parties with respect to the subject matter and supersedes any prior negotiations,
representations, agreements, and understandings.
10.6 Waiver The waiver by either party of a breach by the other, or any subsequent
breach of this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement. No
provisions of this Agreement may be waived unless in writing and signed by all parties to
this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of
any other provision herein.
10.7 Severability The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision, or part thereof, shall not affect the validity of
invalidity of any other provision.
10.8 Attorney Fees. If suit or action is instituted in connection with any controversy
arising out of this Agreement, the prevailing party shall be entitled to recover in addition
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to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition
for review, and on appeal.
10.9 No Assignment or Subletting. This Agreement is non-assignable and non-
transferable.
Licensee City of Central Point
DIRECT INVOLVEMENT
RECREATION TEACHING
____________________________ _______________________________
By: By:
Its: Its:
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Parks and Recreation
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: May 11, 2023
SUBJECT: Resolution Approving Riparian Land Lease Agreement
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The Freshwater Trust has proposed a riparian restoration project on city owned sections of the
Bear Creek Greenway. The Trust would lease a 50 feet strip along the creek’s riparian area for
a twenty year period. The project goal would be to establish mature streamside vegetation that
blocks solar radiation to Bear Creek. Trees will be planted along exposed, disturbed, or
degraded areas of the creek and managed to maturity over the twenty-one year lease period,
with the option to renew an additional 20-years if approved by the City. The project will
contribute to cooler stream temperatures, weed suppression, bank stability and aesthetic
improvement.
FINANCIAL ANALYSIS:
The Freshwater Trust would make annual rent payments to the City, which in total would
amount to $25,000 over the term of the lease.
LEGAL ANALYSIS:
The agreement provides a long-term restoration project along a portion of Bear Creek at no cost
to the City. The City has certain obligations to notify the Freshwater Trust of any damages or
nuisances that could damage the riparian land, and to take reasonable steps to promptly
mitigate that damage. The agreement contains reasonable provisions for insurance coverage
and indemnification to protect the City for any damages or claims caused as a result of the
Freshwater Trust’s activities under this agreement.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Investment - Public and private investments in Central Point include physical (i.e.,
new buildings, streets, waterlines, businesses, parks, etc.); social (e.g., programs and services
9.B
Packet Pg. 26
that support people: families, youth, retirees, etc.); and economic (i.e., programs and facilities
that foster new growth and development necessary to fuel the local economy and provide jobs
for residents).
GOAL 2 - Be a city filled with happy, healthy people who are thriving.
STRATEGY 5 – Plan, design, build, and maintain a comprehensive system of sustainable facil-
ities, trails, and park spaces, (setting the highest standards) to provide attractive places people
will use and enjoy. Acquire additional lands for active and passive recreation use based on
current deficiencies and public demands created by increasing population or the environmental
and recreational significance of the area. (Be mindful of the budget and plan trail locations)
STAFF RECOMMENDATION:
Move to approve the Resolution.
RECOMMENDED MOTION:
I move to approve Resolution No. _____, a Resolution approving that Riparian Land Lease
Agreement with The Freshwater Trust and authorizing the City Manager to execute same.
ATTACHMENTS:
1. Reso Approving Riparian Land Lease Agt - The Freshwater Trust
2. Central Point Riparian Land Lease_Bear Ck 6.6_4.26.2023-FINAL
9.B
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Res. No.___________; May 25, 2023 Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING THAT RIPARIAN LAND LEASE AGREEMENT WITH THE FRESHWATER
TRUST AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
Recitals:
A. The City of Central Point owns undeveloped real property along Bear Creek commonly
referred to as Map No. 372W12B Tax Lots 502 and 600; 372W02D Tax Lots 1905 and
2003; and Map No. 372W11A Tax Lots 102 and 28100 (the “Subject Property”).
B. The Freshwater Trust proposed a riparian restoration project on the Subject Property.
The Trust would lease a 50 foot-wide strip along the creek’s riparian area for a twenty-
one year period. The project goal would be to establish mature streamside vegetation
that blocks solar radiation to Bear Creek. Trees would be planted along exposed,
disturbed, or degraded areas of the creek and managed to maturity over the twenty-
one year lease period, with the option to renew an additional 20-years if approved by
the City. The project upon completion will contribute to cooler stream temperatures,
weed suppression, bank stability and aesthetic improvement.
C. The City has determined it is in the public interest to enter into a Riparian Land Lease
Agreement with The Freshwater Trust for performance of the riparian restoration
activities described therein.
The City of Central Point resolves as follows:
Section 1. The City Council approves the Riparian Land Lease Agreement in the form attached
hereto.
Section 2. The City Manager or his designee is hereby authorized to execute the lease
agreement with The Freshwater Trust and any related documents necessary to effectuate the
acceptance of this agreement.
Section 3. This Resolution shall take effect immediately from and after its passage and
approval.
Passed by the Council and signed by me in authentication of its passage this _____ day
of May, 2023.
_______________________________
9.B.a
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Res. No.___________; May 25, 2023 Page 2
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.B.a
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Riparian Land Lease – 1
RIPARIAN LAND LEASE AGREEMENT
THIS RIPARIAN LAND LEASE AGREEMENT (“Lease”) is made and entered into as of the date
last signed below, by and between the CITY OF CENTRAL POINT, an Oregon municipal corporation
(“CITY”), and THE FRESHWATER TRUST, an Oregon nonprofit corporation (“TFT”) (collectively, the
“Parties”).
RECITALS
A. CITY is the owner of certain real property described in Exhibit A (“Legal Description of
Property”).
B. TFT wishes to lease certain riparian land (the “Riparian Land”) more particularly described
in Exhibit B (“Identification of Riparian Land”) in order to perform certain stream bank
and riparian habitat restoration projects (“Riparian Restoration Activities”) more
particularly described in Exhibit C.
C. CITY wishes to lease the Riparian Land to TFT in exchange for the consideration contained
herein.
D. CITY and TFT wish to enter into this Lease to establish the terms and conditions of this
leasehold interest and the scope of permitted Riparian Restoration Activities on the
Riparian Land.
NOW THEREFORE, in consideration of the foregoing recitals, and the consideration,
obligations, covenants, and agreements set forth herein, the legal sufficiency of which the Parties
hereby acknowledge, CITY and TFT agree as follows:
1. TERM.
1.1. Initial Term. The term of the Lease shall be for a period of Twenty-one (21) years and
seven (7) months (the “Initial Term”), commencing on the date last signed by the
Parties (the “Lease Commencement Date”) and, unless earlier lawfully terminated,
terminating on December 31, 2044 (the “Lease Termination Date”).
1.2. Renewal Option. Provided neither party is in default under this Lease as of the Lease
Termination Date, this Lease may be renewed by TFT and CITY for a successive term
of twenty (20) years (“Renewal Term”).
1.2.1. Notice. TFT must provide CITY with prior written notice of its intent to exercise
the Renewal Term option, and, if applicable, the new compensation amount
for the Riparian Land for the Renewal Term a minimum of ninety (90) calendar
days before the Lease Termination Date (“Renewal Notice”). CITY shall have
thirty (30) calendar days from the date of the Renewal Notice to provide
written notice of its acceptance of the Renewal Term. In the event CITY does
not provide written notice of its acceptance of the Renewal Term, this Lease
shall terminate on the Lease Termination Date.
9.B.b
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Riparian Land Lease – 2
2. PAYMENT.
2.1. TFT shall pay to CITY at its address set forth in Section 16.78 (“Notices”), or at such
address that CITY may designate to TFT in writing, annual rent in the following
amounts as scheduled:
2.1.1. Annual Rent. TFT shall pay to CITY an annual rent payment (“Annual Rent”)
following the Lease Commencement Date and on January 1st of each year
thereafter for the Initial Term (“Payment Due Date”) in accordance with the
following schedule.
Lease Year: Rent Payment Date: Rent Payment:
1 Upon Lease Execution $2,200.00
2 January 1, 2024 $4,000.00
3 January 1, 2025 $4,000.00
4 January 1, 2026 $4,000.00
5 January 1, 2027 $4,000.00
6 January 1, 2028 $400.00
7 January 1, 2029 $400.00
8 January 1, 2030 $400.00
9 January 1, 2031 $400.00
10 January 1, 2032 $400.00
11 January 1, 2033 $400.00
12 January 1, 2034 $400.00
13 January 1, 2035 $400.00
14 January 1, 2036 $400.00
15 January 1, 2037 $400.00
16 January 1, 2038 $400.00
17 January 1, 2039 $400.00
18 January 1, 2040 $400.00
19 January 1, 2041 $400.00
20 January 1, 2042 $400.00
21 January 1, 2043 $400.00
22 January 1, 2044 $400.00
Total Rent: $25,000
2.2. Late Payment. Should TFT fail to make the First Rent Payment or Annual Rent
payments within thirty (30) days of the Payment Due Date, interest shall accrue at the
rate of five percent (5%) per annum. Annual Rent shall not be considered late and
interest shall not accrue if TFT has not received CITY ’s W-9 in accordance with Section
16.7 (“Completion of Form W-9”).
9.B.b
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Riparian Land Lease – 3
2.3. Recording Costs. TFT shall pay all fees and costs directly related to the filing and
recordation of this Lease in the records of deeds of real property in the county where
the Riparian Land is located.
2.4. Permits and Licenses. TFT shall pay all fees and costs for any permits and licenses
required by federal, state, or local laws and regulations in order to conduct the
Riparian Restoration Activities on the Riparian Land.
2.5. Taxes. CITY shall be solely responsible for the payment of all property and income
taxes, assessments, and other fees associated with ownership and leasing of the
Riparian Land.
3. USE AND ACCESS.
3.1. Permitted Uses. Subject to the provisions of 3.1.1 herein below, TFT shall have the
right to use the Riparian Land to conduct, inspect, and maintain the Riparian
Restoration Activities for the duration of the Initial Term and any subsequent Renewal
Term. The Parties agree that TFT shall be the sole beneficiary of all environmental
credits (“Credits”) produced through Riparian Restoration Activities. TFT shall provide
CITY with twenty-four (24) hours prior notice by telephone or email before it or its
contractors or employees access the Riparian Land.
3.1.1. City and TFT acknowledge and understand that the Riparian Land is located
along a public pathway and may include picnic spots, streambank access
points and trails, and points of diversion for irrigation. As such, in development
of the plan for Riparian Restoration Activities the parties will work together to
designate areas of continued public access throughout the lease term as well
as continued City access to leased areas.
3.2. Access. CITY shall provide TFT, in writing, with a designated route across CITY’s property
to enable TFT to access the Riparian Land for the duration of the Initial Term and any
subsequent Renewal Term (“Access Route”). The Access Route must be sufficiently wide
and navigable to provide TFT, its contractors, subcontractors, and equipment with
reasonably unimpeded access to the Riparian Land.
3.3. CITY Use Restrictions. CITY acknowledges that the value, security, and success of
Riparian Restoration Activities on the Riparian Land are of the essence to TFT under
this Lease. CITY agrees it shall not:
3.3.1. Prevent, hinder, delay, diminish, or damage Riparian Restoration Activities;
3.3.2. Remove vegetation from the Riparian Land or otherwise take action that could
reduce plant viability on the Riparian Land;
3.3.3. Permit trespass by livestock or herbicides upon the Riparian Land;
3.3.4. Construct any buildings, roads, pathways, or other improvements, or dispose
of any trash or refuse, within the Riparian Land boundaries;
3.3.5. Damage, destroy or remove any fencing, plant stakes, plant protection
devices, flags, markers, irrigation components or systems, or other devices or
9.B.b
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Riparian Land Lease – 4
property placed or installed by TFT, its contractors, or subcontractors on or
within the Riparian Land; or
3.3.6. Engage in any use of its land adjacent to the Riparian Land that would
negatively impact the Riparian Restoration Activities. Furthermore, if
necessary to protect the viability of Riparian Restoration Activities, CITY agrees
to permit TFT to install temporary protective fencing around Riparian Land.
3.4. TFT Use Restrictions. TFT and its contractors shall not use or occupy the Riparian Land:
(i) for any purpose that would violate applicable state or federal law; (ii) to construct
or make structural improvements on the Riparian Land for dwelling or occupancy
purposes; or (iii) to enable public access to the Riparian Land, except as otherwise
provided in section 3.1.1 herein. Aside from the Access Route(s), TFT will not use or
occupy CITY’s property outside of the Riparian Land without CITY’s prior written
consent.
4. IRRIGATION.
4.1. Irrigation Water. Should CITY make water available for irrigation of the Riparian
Restoration Activities, the water will be provided according to the terms contained in
Exhibit D (“Irrigation Terms”).
4.2. No Transfer. The Parties acknowledge that the use of water pursuant to Exhibit D shall
not be considered a transfer of water rights from CITY to TFT.
5. ASSIGNMENT OR TRANSFER.
5.1. Assignment or Transfer by TFT. TFT shall not assign or transfer its interest to a
successor in interest without the prior written consent of CITY, which shall not be
unreasonably withheld. TFT shall provide CITY with prior written notice of any such
assignment or transfer.
5.2. Assignment or Transfer by CITY. Should CITY sell, convey, assign, or transfer
(collectively, “transfer”) CITY’s interest in its real property and Riparian Land during
the Initial Term and any subsequent Renewal Term, CITY’s obligations under this Lease
shall inure to and be binding upon all such successors in interest. CITY shall provide
TFT with prior written notice of any such transfer of interest to a successor in interest.
6. SUBORDINATION AND NON-DISTURBANCE IN THE EVENT OF FORECLOSURE.
6.1. TFT agrees that this Lease is subject and subordinate to all existing mortgages, if any,
of CITY on the Riparian Land.
6.2. CITY agrees to use its best efforts to deliver an agreement or letter to TFT from any
existing or future mortgage holders acknowledging TFT’s use and leasehold interest
in the Riparian Land, and providing that so long as TFT is not in default of this Lease,
TFT’s interest will not be extinguished upon such holder’s foreclosure, power of sale,
or deed in lieu of foreclosure (“Non-Disturbance Agreement”). Upon notice to TFT of
foreclosure, power of sale, or deed in lieu of foreclosure, TFT agrees to attorn and pay
rent to any such purchaser or mortgage holder. CITY shall provide written notice to
TFT of any mortgage for which it is unable to obtain a Non-Disturbance Agreement.
9.B.b
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Riparian Land Lease – 5
6.3. Should CITY be unable to obtain a Non-Disturbance Agreement, TFT agrees that CITY
will not be in default under this Lease and all obligations under this Lease will
nevertheless remain in full force and effect.
7. WARRANTIES.
7.1. CITY hereby represents and warrants to TFT, and such warranties shall be applicable
and in full force and effect throughout the entire Initial Term and any subsequent
Renewal Term, that:
7.1.1. No known actions, proceedings or investigations are pending or threatened
against CITY which would interfere with CITY's ability to enter into this Lease
or consummate the same;
7.1.2. No casualty nor condemnation with respect to the Riparian Land or any part
thereof has occurred and no such known condemnation is pending or
threatened;
7.1.3. No uncured violations of any law, ordinance, order, or regulation of any
governmental authority having jurisdiction of Riparian Land exist requiring any
work, repair, construction, alteration or installation on, or in connection with
the Riparian Land that would impede the Riparian Restoration Activities;
7.1.4. CITY has the authority to enter into this Lease, and to consummate the
transaction contemplated herein;
7.1.5. No portion of the Riparian Land is currently the subject of any other type of
legal proceeding except as described in this Lease; and
7.1.6. CITY has not entered into any agreement regarding the Riparian Land other
than this Lease including, but not limited to, any federal or state Conservation
Reserve Program or Conservation Reserve Enhancement Program
agreement(s), and that title to the Riparian Land is free and clear of any claims
or encumbrances arising by, through, or under CITY.
8. HAZARDOUS MATERIALS.
8.1. Definition. The term "Hazardous Materials" for purposes of this Section 8 means any
chemical, substance, materials, waste, or component which is now or hereafter listed,
defined, or regulated as a hazardous or toxic chemical, substance, materials, waste,
or component by any federal, state, or local governing or regulatory body having
jurisdiction, or which would trigger any employee or community "right-to-know"
requirements adopted by any such body, or for which any such body has adopted any
requirements for the preparation or distribution of a materials safety data sheet.
8.2. Site Preparation Records. At CITY’s request, TFT shall provide CITY with a written list
identifying any Hazardous Materials then used, stored, or maintained upon the
Riparian Land in connection with the Riparian Restoration Activities, and such other
information as CITY may reasonably require or as may be required by applicable law.
9.B.b
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Riparian Land Lease – 6
8.3. TFT Releases. If any Hazardous Materials are used, stored, maintained, released,
discharged, or disposed of on or about the Riparian Land by TFT or its employees,
contractors, or agents, TFT shall immediately notify CITY and shall, at TFT’s sole cost
and expense, clean up, remediate, and remove the Hazardous Materials from the
Riparian Land and any other affected property in order to comply with any applicable
laws. TFT shall indemnify and hold CITY harmless from and against any and all claims,
demands, liabilities, losses, damages, penalties and judgments directly arising out a
violation of this Section by TFT, its employees, contractors or agents.
8.4. CITY Releases. CITY shall not knowingly release, discharge, or dispose of any
Hazardous Materials on the Riparian Land in violation of any applicable laws. If the
presence of any Hazardous Materials exists in excess of the amount permitted by
applicable laws, and to the extent that such presence is caused by CITY, or is a pre-
existing condition, TFT may elect to immediately terminate this Lease. CITY represents
and warrants to TFT that, as of the Lease Commencement Date, to the best of CITY ’s
knowledge, there are no Hazardous Materials situated in or on the Riparian Land in
violation of applicable laws.
9. DAMAGE OR DESTRUCTION OF RIPARIAN LAND.
9.1. Mitigation of Damages. Should either Party become aware of any damage or risk of
damage to the Riparian Land or Riparian Restoration Activities performed on the
Riparian Land, including any release, discharge, or disposal of any Hazardous Materials
on the Riparian Land, that Party agrees to immediately notify the other Party within
one (1) calendar day to mitigate or prevent such damage. CITY agrees to take all
measures reasonably necessary to promptly mitigate any risk of damage.
9.2. Nuisance or Trespass. In the event that the Riparian Land or Riparian Restoration
Activities are subject to damages or destruction resulting from nuisance or trespass,
specifically including herbicide drift, CITY will immediately notify TFT and take all
reasonable measures necessary to promptly mitigate damages, abate the nuisance or
trespass, and prevent reoccurrence of the same.
9.3. CITY Damages. Should damage to the Riparian Land or Riparian Restoration Activities
be caused by the intentional, reckless, or negligent acts or omissions of the CITY, its
agents, or employees, CITY agrees to: (i) assist TFT in mitigating damages as requested
by TFT, and (ii) to compensate TFT for the reasonable cost incurred by TFT in restoring
the project to pre-loss condition.
9.4. Force Majeure. “Force Majeure” is an unforeseeable and unavoidable event or
circumstance not within the reasonable control of TFT or CITY which could not have
been brought within control through commercially reasonable efforts, which causes
a delay or non-performance of a duty or obligation under this Lease. Neither of the
Parties shall be liable for Riparian Land lost, damaged, or otherwise diminished by a
Force Majeure event.
9.B.b
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Riparian Land Lease – 7
10. END OF TERM.
10.1. Surrender of Riparian Land. TFT shall remove all artificial, non-vegetative markers,
equipment, devices, or items placed or installed on the Riparian Land by TFT, its
contractors, or subcontractors on or prior to the Lease Termination Date.
10.1.1. CITY understands that the Riparian Restoration Activities will result in
alterations to the vegetative cover, landscape, and plant composition of the
Riparian Land, and except as provided in Section 10.1 above, agrees to accept
the Riparian Land in “AS-IS” condition upon termination of this Lease.
10.2. No Holdover. Subject to the Parties’ agreement on a Renewal Term, TFT shall not
holdover in its possession of the Riparian Land past the Lease Termination Date.
11. LIQUIDATED DAMAGES.
11.1. The Parties agree that in the event this Lease is materially breached by CITY, TFT will
suffer substantial damages and that such damages would be difficult to measure with
certainty. Accordingly, CITY agrees that in addition to the refund of rental and
irrigation payments received plus interest due for breach of agreement, CITY will pay
an amount equal to twenty-five percent (25%) of the Annual Rent payment due for
Lease Year 2, as identified in Section 2.1.1 (“Annual Rent”), multiplied by the number
of years remaining in the Initial Term. This amount shall be due as liquidated damages,
in addition to any such other damages or amounts as may be due, and not as a
penalty. The rights and remedies provided in this Section 11 are not exclusive, and are
in addition to any other rights and remedies that TFT may have at law or in equity.
12. TERMINATION.
12.1. This Lease may be terminated at any time prior to the Lease Termination Date by
mutual agreement of the Parties in writing.
12.2. TFT may unilaterally terminate this Lease at any time without cause upon thirty (30)
days prior written notice to CITY.
12.3. If TFT does not make a required payment in accordance with the provisions of
Section 2 (“Payment”) within one hundred and eighty (180) days, this Lease may be
terminated at the option of the CITY by giving TFT prior written notice of such
termination.
12.4. If CITY is in material breach of this lease, TFT may provide written notice of the breach
to CITY in sufficient specificity to put CITY on notice of the basis for such notice. CITY
shall have thirty (30) days from issuance of the notice to take action to begin
correcting such breach. In the event CITY fails to take action to effect the cure of said
breach within the thirty (30) day period, this Lease may be terminated at the option
of TFT by giving CITY written notice of such termination.
12.5. If TFT is in material breach of this Lease, other than failure to pay rent as provided in
Section 12.3, CITY may provide written notice of the breach to TFT in sufficient
specificity to put TFT on notice of the basis for such notice. TFT shall have thirty (30)
9.B.b
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Riparian Land Lease – 8
days from issuance of the notice to take action to begin correcting such breach. In
the event TFT fails to take action to effect the cure of said breach within the thirty (30)
day period, this Lease shall terminate without the requirement of further notice.
13. INSURANCE.
13.1. CITY Insurance. CITY shall insure and maintain all insurance coverage for its property
containing the Riparian Land as is customarily maintained by owners of land of similar
size, location, and as appropriate for CITY ’s use of the property, and comprehensive
general liability insurance on an occurrence basis with limits of liability in an amount
not less than Five Hundred Thousand Dollars ($500,000.00) combined single limit for
each occurrence and Five Hundred Thousand Dollars ($500,000.00) in the aggregate.
On or before the Lease Commencement Date, CITY shall furnish to TFT certificates of
insurance evidencing such insurance coverage. Renewal certificates will be furnished
to TFT at least thirty (30) days prior to the expiration date of such insurance policies
showing the above coverage to be in full force and effect.
13.2. TFT Insurance. TFT shall insure and maintain comprehensive general liability insurance
for its Riparian Restoration Activities on the Riparian Land in an amount not less than
Two Million Dollars ($2,000,000.00) combined single limit for each occurrence and
Two Million Dollars ($2,000,000.00) in the aggregate. Such insurance shall protect TFT
against the claims of CITY on account of the obligations assumed by TFT under Section
14.2 and shall name CITY as an additional insured. On or before the Lease
Commencement Date, TFT shall furnish to CITY certificates of insurance evidencing
such insurance coverage, including an additional insured endorsement. Renewal
certificates will be furnished to CITY within thirty (30) days of the expiration date of
such insurance policies showing the above coverage to be in full force and effect.
14. INDEMNIFICATION.
14.1. Indemnification of TFT by CITY. CITY agrees to indemnify and hold harmless TFT, its
directors, officers, employees, agents, successors, and assigns from and against any
and all claims, demands, penalties, losses, liabilities, expenses, damages, lawsuits or
actions arising out of or in any way related to CITY’s breach of this Lease, which breach
shall include without limitation, any failure of CITY’s representations and warranties
identified under Section 7 (“Warranties”) herein to be true or any negligence or
misconduct by CITY.
14.2. Indemnification of CITY by TFT. TFT agrees to indemnify and hold harmless CITY, and
CITY’s agents, successors, and assigns, from and against any and all claims, demands,
penalties, losses, liabilities, expenses, damages, lawsuits, or actions arising out of or
resulting from the willful or negligent acts or omissions of TFT, its employees,
subcontractors, or for anyone for whose acts it may be liable, for bodily injury, death,
or damage to property related to TFT’s Riparian Restoration Activities under this
Lease.
9.B.b
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Riparian Land Lease – 9
14.3. Indemnification Duties Survive Termination. The obligation of the parties under
Sections 14.1 and 14.2 is expressly understood to survive termination of this
agreement.
15. DISPUTE RESOLUTION.
15.1. Mediation. In the event that TFT and CITY are unable to reconcile a dispute arising
under this Lease, the parties agree to first submit the claim to mediation. The
mediation process is subject to ORS 36.100 to 36.238 and will be held in Jackson
County, Oregon.
15.2. Costs. The Parties are responsible for their own attorney fees related to mediation,
and will equally share the common costs and fees associated with the alternative
dispute resolution process.
15.3. Venue. All disputes arising out of the Lease not otherwise settled through mediation
will be decided by the Circuit Court of Jackson County, Oregon.
15.4. Attorney Fees. The prevailing party in any dispute outside the alternative dispute
resolution process, including any issues related to bankruptcy and the U.S. Bankruptcy
Code, will be entitled to recover all attorney fees, paralegal fees, costs, disbursements
and other expenses from the non-prevailing party.
16. MISCELLANEOUS.
16.1. Controlling Law and Operation. This Lease shall be governed under, and construed
pursuant to, the laws of the State of Oregon or, as applicable, under the laws of the
United States. Each of the Parties acknowledges that they have been given the
opportunity to obtain counsel, or that they have been represented by counsel of their
own choice and that they have read this Lease and have had it fully explained to them
by such counsel, and that they are fully aware of the contents of this Lease and of its
legal effect.
16.2. Severability/Survival. If any of the provisions contained in the Lease are held illegal,
invalid or unenforceable, the enforceability of the remaining provisions shall not be
impaired. All provisions concerning the limitation of liability and all provisions
concerning indemnification shall survive the termination of the Lease.
16.3. Integration. This Lease constitutes the entire agreement between the Parties and
supersedes all prior written or oral communications.
16.4. Headings. The paragraph headings are for ease of reference only and shall not be used
in construing or interpreting this Lease.
16.5. Modification. This Lease may be modified only by a written document signed by both
TFT and CITY.
16.6. Waiver. No waiver will be binding on a party unless it is in writing and signed by the
party making the waiver. A party’s waiver of a breach of a provision of this Lease will
not be a waiver of any other provision or a waiver of a subsequent breach of the same
provision.
9.B.b
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Riparian Land Lease – 10
16.7. Completion of Form W-9. CITY agrees to complete a form W-9, which is required for
TFT to provide and process payment to CITY under I.R.S. regulations, and return it to
TFT as a condition of and prior to payment under Section 2 (“Payment”).
16.8. Notices. Except where specifically provided otherwise in this Lease whenever any
notice, demand or request is required or provided for under this Lease, such notice,
demand or request shall be provided in writing to the following addresses or such
other addresses as the Parties may indicate in writing, by postage prepaid, certified
or registered mail:
To TFT: The Freshwater Trust
Attn: General Counsel
700 SW Taylor St., Ste. 200
Portland, OR 97205
To CITY : City of Central Point
Attn: City Manager
140 S. 3rd Street
Central Point, OR 97502
16.9. Approval. This Lease has been approved in writing by an authorized representative
for each of the Parties with full authority to enter into binding agreements.
17. SIGNATURES.
CITY:
THE FRESHWATER TRUST:
By: ____________________________
By: ____________________________
Name: Christopher Clayton Name: _________________________
Its: City Manager
Its: ____________________________
Date: __________________________
Date: __________________________
9.B.b
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Riparian Land Lease – 11
ACKNOWLEDGEMENTS
STATE OF OREGON )
) ss.
County of )
This instrument was acknowledged before me on , 2023, by
______________ as _______________________.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
STATE OF OREGON )
) ss.
County of )
This instrument was acknowledged before me on , 2023, by
______________ as _______________________.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
9.B.b
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Exhibit A Riparian Land Lease – 12
EXHIBIT A – LEGAL DESCRIPTION OF PROPERTY
9.B.b
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Exhibit A Riparian Land Lease – 13
9.B.b
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Exhibit A Riparian Land Lease – 14
9.B.b
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Exhibit B – Riparian Land Lease – 15
EXHIBIT B – IDENTIFICATION OF RIPARIAN LAND
CITY leases to TFT a portion of its property identified on Map No. 372W12B as tax lots 502 and
600; Map No. 372W02D as tax lots 1905 and 2003; and Map No. 372W11A as tax lots 102 and
28100 in Jackson County, Oregon, as described in Exhibit A, more particularly described in the
following property map boundaries.
(See map on following page.)
9.B.b
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Exhibit B – Riparian Land Lease – 16
9.B.b
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Exhibit C – Riparian Land Lease – 17
EXHIBIT C – SCOPE OF RIPARIAN RESTORATION ACTIVITIES
1. Introduction. The following provides a basic outline of the actions and activities that may
occur on the Riparian Land. The Riparian Restoration Activities include a broad range of
stream bank restoration and mitigation actions similar to many forestry, agricultural, and
landscaping practices. This Exhibit does not contain, and is not intended to be, an exclusive
and exhaustive list of activities that TFT may conduct on the Riparian Land, but a general
description of the outline and timeline of work that CITY may expect on its Riparian Land. As
the Riparian Land is unique, each TFT project will be distinctive and tailored to that site.
Variations in climate, plant species and site conditions often require modified designs for
each project. Accordingly, TFT reserves the right to respond to conditions on the ground
with responsible and professional agricultural practices that may or may not be cited below.
2. Site Planning. As project manager, TFT will develop a planting plan for the Riparian Land,
vet and hire contractor(s) to perform the work of installing and maintaining the plantings,
monitor and document the progress of the plantings, develop maintenance
recommendations and guide the project through the credit verification and registration
process. To the extent possible, TFT will engage local contractor(s) to prepare, plant and
maintain the riparian restoration project, and welcomes CITY recommendations for such
contractors.
3. Scope of Work. TFT or its contractor(s) may complete all or some of the following work on
the Riparian Land:
3.1. Site Preparation and Invasive Plant Removal: Site preparation will include removal or
control of invasive plants within the Riparian Land and preparation of the ground for
planting. Such work may involve mowing, scalping, brush hogging, hand digging and
herbicide treatments. Invasive plant material will be disposed of in accordance with
best management practices for those species.
3.1.1. Removal of Fill Material: As part of the site preparation, a pile of concrete
rubble located along the edge of the Riparian Land will be removed and
disposed of properly in order to clear the Riparian Land for Riparian
Restoration Activities and the construction of a livestock exclusion fence.
3.2. Plant Procurement: Indigenous-derived plant material will be secured whenever
available. Local suppliers will be given preferential consideration for supply. TFT will
work with contractor(s) to select appropriate species and relative numbers based on
conditions observed at nearby reference sites and professional judgment.
3.3. Construction of Permanent Livestock Exclusion Fencing: A livestock exclusion fence
will be constructed along the Riparian Land as necessary to prevent encroachment by
9.B.b
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Exhibit C – Riparian Land Lease – 18
bison, cattle, or other livestock. TFT will coordinate with CITY to design fencing that is
sufficiently robust, integrates with the existing fences, and aligns with the CITY’s
management plans.
3.4. Construction of Temporary Exclusion Fencing: If necessary, TFT will construct
temporary fencing to protect Riparian Restoration Activities from browse. TFT will
remove all temporary fencing when no longer needed to protect the Riparian
Restoration Activities.
3.5. Plant Location: Planting performed by TFT or its contractor(s) will conform with zone
planting guidelines developed by TFT through its planting plan and in accordance
with Willamette Partnership planting standards as follows:
3.6. Plant Protection: To minimize plant losses due to herbivory or damage from routine
maintenance tasks (e.g., mowing), tree cages or protection tubes may be utilized as
needed.
9.B.b
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Exhibit C – Riparian Land Lease – 19
3.7. Irrigation: Supplementary irrigation may be required for establishment of most
plantings. Accordingly, TFT and its contractor(s) may install an irrigation system to
meet establishment needs on the Riparian Land for the use of TFT and its
contractors. If the CITY provides irrigation water and a point of diversion for the
irrigation system, CITY ’s preferences regarding design and location will be taken into
account in the implementation of the system. Irrigation will be provided for the
purpose of plant establishment only and once plantings are established (expected
within 5 years) the irrigation system will be removed by TFT or its contractor(s).
4. Project Site Maintenance. TFT and its contractor(s) will maintain plantings made during the
term of this Lease. Maintenance may include irrigation, control of invasive plants, pruning
and replacement of failed plantings. Maintenance activities are likely to occur more
frequently in the first 2 to 3 years during plant establishment and less frequently in years 5
through 20.
4.1. Maintenance. Maintenance of the Riparian Land and associated plantings will be the
sole responsibility of TFT. CITY will not have any responsibility for maintenance of the
plants on the Riparian Land. Maintenance may include running and maintaining
irrigation system, applying herbicide to non-native vegetation, manually removing
non-native vegetation, mowing, mulching, fertilizing, adding or modifying plant
protections, and replacing plants as needed.
4.2. Maintenance Schedule. TFT and its contractor(s) will create a maintenance schedule,
to be revised annually and reviewed with CITY. The maintenance schedule will define
the maximum number of visits needed per week and will contain information for CITY
regarding types of maintenance activities to be conducted on the Riparian Land and
the frequency of their occurrence. Scheduled maintenance tasks will generally occur
on the timeline outlined below. Additional maintenance may take place as needed
and dictated by routine monitoring reports.
4.2.1. Year 1: Invasive treatment, site clearing and plantings. New plants will be
irrigated as needed.
4.2.2. Years 1 – 5: Invasive plants will be managed by mowing the project site as
required. Subsequent herbicide applications may be required.
4.2.3. Years 5 – 20: Maintenance will be reduced after sites have achieved free-to-
grow conditions. However, if a site sustains damage, corrective actions will be
completed as directed by the terms of the Contract and this Exhibit C.
9.B.b
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Exhibit C – Riparian Land Lease – 20
4.2.4. In-fill planting: The planting plan will be used as a guide for in-fill planting to
replace failed plants, as well as an assessment on the success/failure of the
on-site plants. In-fill planting will target representative stem densities of
reference sites.
4.2.5. Any materials used to minimize maintenance or herbivory (e.g. tree tubes or
similar technology) may be removed.
4.3. Additional Visits. Additional visits to the project site for any other purpose beyond
Riparian Restoration Activities or site verification (e.g., third party visits) will be
arranged with CITY in advance at CITY ’s discretion.
5. Remediation. If the site is not performing to TFT’s standards at years 5, 10, 15, and 20 of
the Lease, excluding circumstances in which the loss or damage is due to a Force Majeure
event, action will be taken to address causes of sub-standard performance.
6. Performance Schedule.
6.1. All site preparation work is targeted for completion by Spring 2024.
6.2. Initial planting to be installed by the target date of Spring 2024, though in-fill
plantings may stretch into Summer 2024.
6.3. All plant stakes, cages, mulch, and fertilizer to be installed by Summer 2024.
6.4. First year maintenance will begin once initial planting has been completed (targeted
by Summer 2024) and will generally involve weekly visits to the project site by
maintenance contractor through the first growing season (2024). Several visits will be
needed by TFT staff as well to verify planting specs, document the work, set up
monitoring points and conduct required monitoring. An estimated schedule of
maintenance and monitoring visits will be developed annually by TFT and its
contractor(s) and provided to the CITY at the beginning of each growing season
(April-May) during the project establishment phase (1-5 years).
6.5. In fill and replacement plantings may be installed in year 2 and 3 as needed to meet
the planting standards outlined in section 3. In fill and replacement plantings may be
installed during plant dormancy period (November through May).
9.B.b
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Exhibit D – Riparian Land Lease – 21
EXHIBIT D – IRRIGATION TERMS
1. Source of Water and Power
1.1. TFT and its contractors intend to irrigate the Riparian Land with water obtained
through municipal water, though TFT may also irrigate the Riparian Land with water
obtained through CITY’s surface water right(s), a limited water use license from the
Oregon Water Resources Department, or some combination thereof as necessary.
1.2. TFT shall be responsible for all costs associated with the irrigation water, including but
not limited to any expenses associated with permits, electrical usage, water use, and
the construction and maintenance of necessary irrigation infrastructure. CITY shall have
the right to review and approve of the location and construction of such irrigation
infrastructure; such approval shall not be unreasonably withheld.
1.3. If TFT desires to irrigate the Riparian Land with water obtained through CITY’s surface
water right(s) TFT and CITY will first reach an agreement in writing defining the annual
compensation that TFT will provide in exchange for the irrigation water. Such
compensation will be in addition to any costs or expenses and the compensation will
be included with the Annual Rent paid to CITY at the start of each calendar year.
2. Application of Water to Riparian Land.
2.1. TFT will provide CITY with prior notice in writing of the identity of the individual water
applicator(s), if different from the general contractor(s) working on the Riparian Land.
TFT or its applicator(s) will also provide CITY with twenty-four (24) hours’ notice by
telephone or email prior to entry in order to irrigate the Riparian Land.
2.2. Irrigation water is to be applied in intervals as required to maintain soil moisture levels
sufficient to support and maintain plant health. Because the success of Riparian
Restoration Activities are highly dependent upon the timely application of water,
Riparian Restoration Activities on Riparian Land shall be monitored for irrigation
demand during the period of April to September of years 1 through 4 of the Lease and
on an as-needed basis outside of that time frame.
9.B.b
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