HomeMy WebLinkAboutCAP071615Central Point
City Hall
541-664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingler
Ward 11
Michael Quilty
Ward III
Brandon Thueson
Ward IV
Allen Broderick
At Large
Rick Samuelson
Taneea Browning
Administration
Chris Clayton, City
Manager
Deanna Casey, City
Recorder
Community
Development
Tom Humphrey,
Director
Finance
Bev Adams, Director
Human Resources
Barb Robson, Director
Parks and Public
Works
Matt Samitore,
Director
Jennifer Boardman,
Manager
Police
Kri s Allison Chief
CITY OF CENTRAL POINT
City Council Meeting Agenda
July 16, 2015
Next Res. 1422
Next Ord. 2014
I. REGULAR MEETING CALLED TO ORDER -7:00 P.M.
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III. ROLL CALL
IV. PUBLIC APPEARANCES—Comments will be limited to 3 minutes per
individual ors minutes if representing a group or organization.
V. SPECIAL PRESENTATION
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Page 2- 6 A. Approval of June 25, 2015 Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
8-33 A. Resolution No. _--- A Resolution of the City of
Central Point Allowing the City Manager or His Designee
to Execute the Revised Local Agency Agreement with
ODOT for the Twin Creeks Crossing (Samitore)
35-51 B. Resolution No. , A Resolution Authorizing the
city Manager to Enter Into An Agreement for Purchase
of Right -of -Way with James Sutton of 4511 Hamrick
Road in Lieu of Condemnation Proceedings (Samitore)
53 - 55 C. Resolution No. , A Resolution Directing the city
Manager or his Designee to Enter Into A Second
Amendment to a Road Easement Agreement Between
Central Oregon & Pacific Railroad, Inc., and the City of
Central Point (Humphrey)
IX. BUSINESS
57-58 A. Consideration of a Letter from the City Manager Endorsing the
Vietnam Veteran's Memorial Wall (Humphrey)
60-61 B. Planning Commission Report(Humphrey)
63-88 C. Discussion of Agreement with Jackson County Justice Court
Building to include a Central Point Police Department Sub -Station
(Clayton)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
1:1IIIlIl 779e19iOFA 170Yi97ZU9&1
XIV. EXECUTIVE SESSION
The City Council may adjourn to executive session underthe 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executive session are not for publication or broadcast.
FtT9 ,1931911]901OFA 170Ji
Consent Agenda
CAP071615 Page
CITY OF CENTRAL POINT
City Council Meeting Minutes
June 25, 2015
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Bruce Dingler, Brandon Thueson,
Taneea Browning, Rick Samuelson, and Mike Quilty were
present. Allen Broderick was excused.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Kris Allison; Community Development Director
Tom Humphrey; Parks and Public Works Director Matt
Samitore; and City Recorder Deanna Casey were also
present.
IV. PUBLIC APPEARANCES - None
V. CONSENT AGENDA
A. Approval of June 11, 2015 City Council Minutes
B. Approval of D.A.R.E. Cruise Street Closures
Mike Quilty moved to approve the Consent Agenda as presented. Rick Samuelson
Seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes;
Brandon Thueson, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Second Reading — Ordinance No. 2013, An Ordinance Amending the
Comprehensive Plan Map (Minor) to Add Approximately 47 Acres to
the Central Point Urban Growth Boundary North of Interstate 5, East
and West of Blackwell Road in the Vicinity of the Seven Oaks
Interchange (Exit 35) Including Portions of Dean Creek Road
Community Development Director Tom Humphrey explained this is the second
reading of an Ordinance to add approximately 47 acres to the City of Central
Point Urban Growth Boundary in the area of Seven Oaks Interchange including
portions of Dean Creek Road.
The land proposed for the amendment includes property that is in the ownership
of the Card Family and Stallion Land Company. There are some portions of right-
of-way that are either under the jurisdiction of Jackson County or the Oregon
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Department of Transportation. The City conducted a public hearing on this item
at their last meeting, made no revisions and moved to a second reading.
Brandon Thueson moved to approve Ordinance No. 2013, An Ordinance
Amending the Comprehensive Plan Map (Minor) to Add Approximately 47
Acres to the Central Point Urban Growth Boundary North of Interstate 5,
East and West of Blackwell Road in the Vicinity of the Seven Oaks
Interchange (Exit 35) Including Portions of Dean Creek Road. Mike Quilty
seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning,
yes; Brandon Thueson, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion
approved.
VIII. BUSINESS
A. Discussion of the Draft Franchise Agreement between City of
Central Point and Rogue Valley Sanitary Sewer
City Manager Chris Clayton explained the history of the general utility license fee
ordinance. The Council wanted to have an option in place for utilities using our
right-of-ways but did not have a franchise agreement in place. The City currently
maintains franchise agreements with eight utilities.
RVSS and the City have been in discussion regarding a franchise agreement.
They have been working with the City in anticipation of the Oregon Supreme
Court ruling going in the favor of the City of Phoenix. They are willing to sign a
Franchise Agreement with the stipulation that the fees are not collected until the
Supreme Court has made a ruling.
The proposed franchise agreement represents the initial review by both the City
of Central Point and Rogue Valley Sewer Services. Council discussion and
feedback will be useful in determining the specifics of a final agreement. The
target for having an adopted agreement in place is early August.
There was discussion regarding Section 8 of the agreement which states that it
would not cost the city if lines need to be relocated because of construction.
RVSS would like the city to reimburse them 50% of the cost to relocate lines due
to construction that we have approved. Other utilities charge each other when
required to relocate lines for one reason or another. In Section 10 RVSS would
like to have a signature line to sign off on Subdivision Plats, it would be an
additional step for developers to check off.
Staff will meet with RVSS again for final revisions and bring back to council in
August for a final approval. No motion is needed at this time.
B. Discussion Related to the Medford Water Commission's Recent
Announcement That Cash Flow -Related Issues Could Result in
Substantial Rate Increases for the "Other Cities" Customer Group
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Mr. Clayton explained that on June 3rtl the Medford Water Commission (MWC)
held a study session titled "Financial Policies', it was revealed that the MWC is
considering dramatic rate increases of 11.9% for 3 consecutive years, to offset
recently discovered cash flow related issues. The proposed rate increases would
be in addition to the recent "interim' 5% across the board rate increase. The
MWC is currently engaged in an ongoing rate study, being performed by a third
party consultant, which will likely recommend future rate increases beginning in
January 2016. Given all of these potential increases, the "other cities" customer
group could realize overall rate increases as high as 40% to 50% in the calendar
year of 2016.
Mr. Clayton spoke of a letter that was given to the MWC at their meeting this
week explaining our concerns regarding these potential increases and their
capital projections. The MWC has had revenue problems for many years and are
acting like this is new to them.
Mayor Williams explained his concern regarding their rate of return being
charged to other cities. They have not been paying attention to what they spend
their money on and capital projects should be postponed if they do not have the
funds to pay for them.
Mr. Clayton stated that he and the Mayor will be attending all of their Public
Hearings regarding any rate increases. There have been discussions that the
"Other Cities" may take the MWC to court regarding their negligence in this
matter. Staff will keep the Council updated when additional information is
available.
IX. MAYOR'S REPORT
Mayor Williams reported that:
• He attended the Medford Water Commission meeting.
• He attended the Central Point Chamber mixer and ribbon cutting ceremony
for InHome Care business.
• The County is trying to partner with the Expo on maintenance of the
Fairgrounds.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• The recruitment window for the Human Resource Director is coming to a
close. He is currently reviewing the applications and hopes to start interviews
in July.
• They will be presenting a sponsor check to the Quarter Horse Association
tomorrow.
• The city is very proud of Community Development Director Tom Humphrey
for the excellent presentation he gave at the Policy Committee meeting. The
County will be making a final decision next week. He has done a great job for
the City to expand the Urban Growth Boundary.
• There are 4 new welcome videos almost ready for display on our website.
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• There will be a short Executive Session tonight.
XI. COUNCIL REPORTS
Council Member Mike Quilty reported that:
• He attended the Airport Advisory Committee meeting. Flights are still on the
rise and he explained some of the upgrades to the Medford Airport.
• He attended an MPO meeting on Tuesday, Mr. Humhrey did a great job
explaining the need to expand the Central Point Urban Growth Boundary.
• Rogue Disposal is breaking ground on their new CNG facility in White City.
Council Member Brandon Thueson reported that:
• He attended the Police Department recruit testing at Scenic Middle School. It
was an interesting course.
Council Member Rick Samuelson reported that:
• He attended an RVCOG meeting yesterday where Cave Junction
representatives spoke regarding their law suit about marijuana dispensaries.
• The City of Grants Pass was self-insured but have signed up with CIS to
lower their rates and can now afford to keep the jail beds open.
Council Member Bruce Dingier reported that he thought the letter to the Medford
Water Commission was excellent but that they should already be aware of these
issues.
Council Member Taneea Browning reported that:
• The Fire District entered fire season 5 weeks early this year because of the
dry winter and high temperatures.
• She met with Chief Allison regarding mental health of our police officers.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
• Battle of the Bones starts this weekend. We are concerned about the high
temperatures and hopes that everyone will attend. There are 18 BBQ teams
working on People's Choice Awards and 25 teams cooking for the KC points.
• There are now issues regarding pipes on adjoining roads to Freeman. WE
have provided a project page on the website with updates and what is
currently happening to the project. Please direct any citizens to that page.
There have been issues with people moving the barricades. The Police
Department is trying to stop that activity.
Police Chief Kris Allison reported that:
• They have had a successful police officer applicant process. She is
encouraged by the amount of applications they received and the applicants
that took the tests.
• They are working on promotions within the Police Department.
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• They are working on the ATM scam that hit the Rogue Credit Union. They
have good photos of the suspects and have posted the photos to social
media.
• We will be assigning one of our officers to MADGE, this will help us with drug
related crimes in our city.
Community Development Director Tom Humphrey reported that:
• There will be a conference call with the Bootcamp attendees on Tuesday.
• There will be a Planning Commission meeting in July to discuss the Gebhard
Road alignment. The White Hawk subdivision is waiting on this discussion to
proceed.
• Staff will be working on code amendments to clean up some of the outdated
codes currently being used.
• He has been working on the IAMP plans for Exits 33 and 35 in advance of the
UGB Amendments.
XIII. EXECUTIVE SESSION — ORS192.660 (2)(e)
Mike Quilty moved to adjourn to Executive Session under ORS 192.660
(2)(e) real property transactions. Rick Samuelson seconded, all said "aye' and
the meeting was adjourned into executive session at 8:01 p.m.
Council returned to regular session at 8:19 p.m. No more business was
discussed.
XIV. ADJOURNMENT
Mike Quilty moved to adjourn, Rick Samuelson seconded, all said "aye' and the
Council Meeting was adjourned at 8:19 p.m.
The foregoing minutes of the June 25, 2015, Council meeting were approved by the City
Council at its meeting of July 16, 2015.
Dated:
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP W 1615 Page 6
Resolution
Agreement with ODOT
for Twin Creeks
Crossing
CAP071615 Page]
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (541) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
July 7, 2015
AGENDA ITEM: Resolution No. , A resolution allowing the City Manager or his
designee to execute the revised Local Agency Agreement with the Oregon Department of
Transportation for the Twin Creeks Rail Crossing.
STAFFSOURCE:
Matt Samitore, Parks & Public Works Director
BACKGROUND/SYNOPSIS:
The City of Central Point was awarded a grant in the amount of $2,670,000 for the construction of
the Twin Creeks Rail Crossing associated with the 2015-2018 Oregon Surface Transportation
Improvement Program (STIP). The grant originally required a match of $994,406.55. Since the
time of the original agreement the developer, Twin Creeks Development LLC, has completed
several physical improvements that were associated with the grant project. Those commitments
have been subtracted from the agreement. The revised grant match is $787,515.
Previously, the City reached an agreement with Twin Creeks Development, LLC for $500,000 cash
for its share of the crossing. With both of these agreements in place the City's contribution will be a
maximum of $287,515, but could be substantially less depending on how much value is associated
with the work that is currently underway and how much contingency is used in the project
construction.
This agreement is the formal document binding the City to the project.
FISCAL IMPACT:
Positives: Upon completion of the project all the remaining land associated with the Twin Creeks
Development will be available for development.
Negatives: The City and the Development Commission could be obligated up to $287,515 towards
the project
ATTACHMENTS:
1. Resolution authorizing the signatures for the Twin Creeks Rail Crossing.
CAP071615 Page 8
RECOMMENDATION:
City Staff: City staff recommends approving the resolution authorizing the City Manager or his
designee to sign the Project Letter of Understanding.
PUBLIC HEARING
No
SUGGESTED MOTION:
I move to approve Resolution Authorizing the City Manager or his designee to sign the Local
Agency Agreement with the Orepon Department of Transportation for the Twin Creeks Rail
Crossing.
Return to Agentla
CAPO71615 Page
13*Y874A1[lil011g[lill
A RESOLUTION OF THE CITY OF CENTRAL POINT ALLOWING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE THE REVISED LOCAL AGENCY AGREEMENT WITH
ODOT FOR THE TWIN CREEKS CROSSING
Recitals:
A. In 2012 the City of Central Point was notified by the Oregon Department of
Transportation State Transportation Improvement Program that it had received
approval for a grant to construct the Twin Creeks Rail Crossing on Highway 99.
B. In 2014 the City and the developer, Twin Creeks Development LLC, entered into an
agreement obligating the developer to make a cash contribution towards the grant
match as well as physical improvements associated with the grant at that time.
C. The developer has completed two of the three physical improvements and is in the
process of completing the third. Additionally, the developer has paid its first
financial contribution of $125,000 toward the project. The next scheduled payment
is December of 2015.
D. The revised IGA reflects the physical improvements completed by the developer
reducing the grant amount to $3,457,515.
E. The state will contribute 77% of the project up to a maximum amount of$2,670,000.
The City and developer will contribute the remaining dollars of $787,515.
F. The City previously reached an agreement with the developer requiring the
developer to make a cash contribution totaling $500,000 for its share of the
crossing. With both of these agreements in place the City's contribution will be a
maximum of $287,515
The City of Central Point resolves as follows:
Section 1. The agreement is set forth on the attached Exhibit "A".
Passed by the Council and signed by me in authentication of its passage this __ day of July,
2015.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agentla
CAP071615 Page 10
Misc. Contracts and Agreements
No.30321
LOCAL AGENCY AGREEMENT
MULTIMODAL TRANSPORTATION ENHANCE PROGRAM (MTEP)
TWIN CREEKS RAIL CROSSING (CENTRAL POINT)
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State;" and
the CITY OF CENTRAL POINT, acting by and through its elected officials, hereinafter referred
to as "Agency," both herein referred to individually or collectively as 'Party" or "Parties."
RECITALS
1. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576,
State may enter into cooperative agreements with counties, cities and units of local
governments for the performance of work on certain types of improvement projects with the
allocation of costs on terms and conditions mutually agreeable to the contracting parties.
2. By the authority granted in ORS 810.080 State has the authority to establish marked
pedestrian crosswalks on its highway facilities.
3. By the authority granted in ORS 810.210, State is authorized to determine the character
or type of traffic control devices to be used, and to place or erect them upon state
highways at places where State deems necessary for the safe and expeditious control of
traffic. No traffic control devices shall be erected, maintained, or operated upon any state
highway by any authority other than State, except with its written approval. Traffic signal
work on this Project will conform to the current State standards and specifications.
4. Portions of Rogue Valley Highway (OR 99) are a part of the state highway system under
the jurisdiction and control of the Oregon Transportation Commission (OTC). Twin Creeks
Crossing, Boulder Ridge Drive and portions of Rogue Valley Highway (OR 99) are a part
of the city street system under the jurisdiction and control of Agency.
NOW THEREFORE the premises being in general as stated in the foregoing Recitals, it is
agreed by and between the Parties hereto as follows:
DEFINITIONS
1. "Contract Award" (construction projects) means the issuance of a Notice to Proceed
(NTP) to the construction contractor.
2. "Contract Time" means amount of time for completing the bid item work under the
contract.
3. "Establishment Period" means the time specified in the construction contract to assure
satisfactory establishment and growth of planted materials.
4. "Final Acceptance" means written confirmation by Agency and State that the project has
been completed according to the contract, with the exception of latent defects and
warranty obligations, if any, and has been accepted.
04-28-15
Ket.R 19972 Page 11
Agency/State
Agreement No. 30321
5. "Final Payment"-the amount of final payment will be the difference between the total
amount due the contractor and the sum of all payments previously made. All prior partial
estimates and payments shall be subject to correction in the final estimate and payment.
6. "Funding Ratio" means the relationship between MTEP funds and Total Project Cost and
Other Funds and the Total Project Cost. This ratio is established at the time the
agreement is executed and does not change during the course of the project. The ratio
governs the obligation of MTEP funds at the time of construction/consultant award or
Project Closeout..
7. "Match" means the minimum amount State or Agency must contribute to match the
federal aid funding portion of the project.
8. "MTEP" means Multimodal Transportation Enhance Program and may be funded by a
combination of federal and state funds.
9. "Obligation" means Federal Highway Administration (FHWA) approval that allows a
specific phase of a project to commence with spending that can be reimbursed with
federal funds.
10."Other Funds" means other funding required to complete the project including but not
limited to state, federal, and agency funds.
11."Project Completion" (construction projects) means Final Acceptance of the project, Final
Payment to the contractor has been made by the State and project documentation is
completed per the ODOT Construction Manual.
12."Project Overruns" means the final cost estimate at contract award exceeds the estimated
Total Project Cost estimate in this Agreement, or the final actual project costs exceeds the
final cost estimate at contract award.
13."Project Underrun" means the final cost estimate at Contract Award is below the
estimated Total Project Cost in this Agreement, or the final actual project costs are below
the final cost estimate at contract award.
14."Project Closeout" means project is ready to close as there are no more expenditures
associated with project.
15."Second Notification" means written acknowledgment by the Engineer of the end of
Contract Time in accordance with ODOT Standard Specification 000180.50(g)."Third
Notification' means written acknowledgment by the Engineer, subject to Final
Acceptance, that as of the date of the notification the Contractor has completed the
Project according to the Contract, including without limitation completion of all minor
corrective work, equipment and plant removal, site clean-up, and submittal of all
certifications, bills, forms and documents required under the Contract.
16."Total Project Cost" means the estimated amount as shown in this agreement. This
amount will include MTEP funds, local matching funds, and Other Funds as required to
complete the project as stated in this agreement.
CAP071615 P-9 12
Agency/State
Agreement No. 30321
TERMS OF AGREEMENT
1. Under such authority, Agency and State agree to fund, design and construct a new access
route into the Twin Creeks development from OR 99, hereinafter referred to as 'Project."
The location of the Project is as shown on the sketch map attached hereto, marked "Exhibit
A," and by this reference made a part hereof.
2. The Project shall be conducted as a part of the Multimodal Transportation Enhance
Program (MTEP) with funds provided under Title 23, United States Code and may include a
combination of federal and state funds. The Total Project Cost is estimated at $3,457,515,
which is subject to change. MTEP federal and state funding for this Project shall be limited
to $2,670,000. Agency shall be responsible for all remaining costs, including the 10.27
percent match for all MTEP eligible costs, any non -participating costs, and all costs in
excess of the available federal or state funds.
3. The Funding Ratio for this Project is 77% of MTEP funds to 23% Agency funds and
applies to Project Underruns. The Funding Ratio does not apply in the case of Project
Overruns.
4. If, at the time of Contract Award or Project Closeout, the Project Underruns the estimated
Total Project Cost in this Agreement, MTEP funding and Other Funds will be obligated
proportionally based on the Funding Ratio. Any unused MTEP funds, will be retained by
State, and will not be available for use by Agency for this Agreement or any other
projects.
5. Project Overruns which occur at the time of Contract Award, or at the time of Project
Closeout is the responsibility of the Agency.
6. Project decisions regarding design standards, design exceptions, utility relocation
expenses, right of way needs, preliminary engineering charges, construction engineering
charges, and Contract Change Orders as applicable shall be mutually agreed upon
between Agency and State, as these decisions may impact the Total Project Cost.
However, State may award a construction contract at ten (10)% over engineer estimate
without prior approval of Agency.
7. The scope, schedule, progress report requirements, and Project Change Request process
are described in Exhibit B, attached hereto and by this reference made a part hereof.
Agency agrees to the conditions set forth in Exhibit B.
7. State will submit the requests for federal funding to Federal Highway Administration
(FHWA). The federal funding for this Project is contingent upon approval of each funding
request by FHWA. Any work performed prior to acceptance by FHWA or outside the scope
of work will be considered non -participating and paid for at Agency expense.
8. State considers Agency a subrecipient of the federal funds it receives as reimbursement
under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number and
title for this Project is 20.205, Highway Planning and Construction.
9. The term of this Agreement shall begin on the date all required signatures are obtained and
CAP071615 P -A 13
Agency/State
Agreement No. 30321
shall terminate upon completion of the Project and final payment or ten (10) calendar years
following the date all required signatures are obtained, whichever is sooner.
10.Agency shall require its contractor(s) and subcontractors) that are not units of local
government as defined in ORS 190.003, if any, to indemnify, defend, save and hold
harmless the State of Oregon, Oregon Transportation Commission and its members,
Department of Transportation and its officers, employees and agents from and against any
and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees,
arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or omissions of Agency's
contractor or any of the officers, agents, employees or subcontractors of the contractor
("Claims"). It is the specific intention of the Parties that State shall in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of State, be indemnified
by the contractor and subcontractor from and against any and all Claims.
11.Any such indemnification shall also provide that neither Agency's contractor and
subcontractor nor any attorney engaged by Agency's contractor and subcontractor shall
defend any claim in the name of the State of Oregon or any agency of the State of Oregon,
nor purport to act as legal representative of the State of Oregon or any of its agencies,
without the prior written consent of the Oregon Attorney General. The State of Oregon may,
at any time at its election assume its own defense and settlement in the event that it
determines that Agency's contractor is prohibited from defending the State of Oregon, or
that Agency's contractor is not adequately defending the State of Oregon's interests, or that
an important governmental principle is at issue or that it is in the best interests of the State
of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have
against Agency's contractor if the State of Oregon elects to assume its own defense.
12. This Agreement may be terminated by mutual written consent of both Parties.
13. State may terminate this Agreement effective upon delivery of written notice to Agency, or
at such later date as may be established by State, under any of the following conditions:
a. If Agency fails to provide services called for by this Agreement within the time
specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this Agreement in
accordance with its terms, and after receipt of written notice from State fails to
correct such failures within ten (10) days or such longer period as State may
authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, in the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
CAP071615 Page 14
Agency/State
Agreement No. 30321
e. If federal or state laws, regulations or guidelines are modified or interpreted in
such a way that either the work under this Agreement is prohibited or if State
is prohibited from paying for such work from the planned funding source.
14. Any termination of this Agreement shall not prejudice any rights or obligations accrued to
the Parties prior to termination.
Information required by 2 CFR 200.331(a), except for (xiii) Indirect cost rate, shall be
contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of
which shall be provided by ODOT to Agency with the Notice to Proceed.
The indirect cost rate for this project at the time the agreement is written is Zero percent.
15.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions apply to all
federal -aid projects and may be modified only by the Special Provisions. The Parties hereto
mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of
a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control
over Attachment 2.
16.Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall
assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon Agency's
breach of any such conditions that requires the State to return funds to the Federal Highway
Administration, hold harmless and indemnify the State for an amount equal to the funds
received under this Agreement; or if legal limitations apply to the indemnification ability of
Agency, the indemnification amount shall be the maximum amount of funds available for
expenditure, including any available contingency funds or other available non -appropriated
funds, up to the amount received under this Agreement.
17. State and Agency hereto agree that if any term or provision of this Agreement is declared
by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any
law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the Parties shall be construed and enforced as if the Agreement did not
contain the particular term or provision held to be invalid.
18.Agency certifies and represents that the individual(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of Agency, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, and to legally bind Agency.
19.This Agreement may be executed in several counterparts (facsimile or otherwise) all of
which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy of
this Agreement so executed shall constitute an original.
20. This Agreement and attached exhibits constitute the entire agreement between the Parties
on the subject matter hereof. In the event of conflict, the body of this Agreement and the
attached Exhibits will control over Project application and documents provided by Agency to
CAP071615 P -A 15
Agency/State
Agreement No. 30321
State. There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement. No waiver, consent, modification or change of
terms of this Agreement shall bind either Party unless in writing and signed by both Parties
and all necessary approvals have been obtained. Such waiver, consent, modification or
change, if made, shall be effective only in the specific instance and for the specific purpose
given. The failure of State to enforce any provision of this Agreement shall not constitute a
waiver by State of that or any other provision.
21. State's Contact for this Agreement is Kelli Sparkman, 100 Antelope Rd, White City, OR
97503-1674, (541) 774-6383, kelli.sparkman@odot.state.or.us or assigned designee upon
individual's absence. State shall notify the other Party in writing of any contact information
changes during the term of this Agreement.
22.Agency's Contact for this Project is Matt Samitore, Public Works Director, 140 S. Third
Street, Central Point, OR 97502, (541) 423-1017, Matt.Samitore@centralpointoregon.gov
or assigned designee upon individual's absence. Agency shall notify the other Party in
writing of any contact information changes during the term of this Agreement.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its terms
and conditions.
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CAP071615 P -A 16
Agency/State
Agreement No. 30321
CITY OF CENTRAL POINT, by and
through its elected officials
By
Title
Date
By
Title
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Agency Counsel
Date
Agency Contact:
Matt Samitore
Public Works Director
140 S. Third Street
Central Point,OR 97502
(541)423-1017
Matt.Samitore@centralpointoregon.gov
State Contact:
Kelli Sparkman
100 Antelope Rd
White City,OR 97503-1674
541.774.6383
kelli.sparkman@odot.state.or.us
STATE OF OREGON, by and through
its Department of Transportation
By
Highway Division Administrator
Date
APPROVAL RECOMMENDED
By
Region 3 Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
Assistant Attorney General
Date
CAP071615 Pz9 17
Agency/State
Agreement No. 30321
ESM
EXHIBIT A— Project Location Map
Apr
Highway 99/FrontSt. Improvements 7 E �vMOW 21
CENTRAL -. .iE aen y99Fmnfst s
POINT , A m1, sK�V®Vu
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CAP071615 P -A 18
Agency/State
Agreement No. 30321
EXHIBIT B
Project Cost Estimate, Progress Reports and Project Change Request Process
Agreement No. 30321
Key Number: 18972
Project Name: TWIN CREEKS RAIL CROSSING (CENTRAL POINT)
1. Project Description
The Project will construct the following improvements:
A. A new roadway of approximately 80 LF on Twin Creeks Crossing between the
railroad right of way and OR 99 consisting of four travel lanes, sidewalks and
bike lanes and approximately 160 LF of paving and sidewalks on Twin Creeks
Crossing between the railroad right of way and Boulder Ridge Drive.
B. A new at grade rail crossing on Twin Creeks Crossing.
C. A new signalized intersection at Twin Creeks Crossing and OR 99.
D. Approximately 790 LF of roadway and sidewalk improvements along OR 99
including a sidewalk crossing of Griffin Creek.
2. This Project is subject to progress reporting and project change process as stated
below.
3. Monthly Progress Reports (MPR) - Agency shall submit monthly progress reports
using MPR Form 734-2862, incorporated by reference and made a part of this
Agreement. The Monthly Progress Report is due by the 5th day of each month,
starting the first month after execution of this Agreement, and continuing through the
first month after State issues Project Acceptance (Second Note) for the Project's
construction contract.
The fillable MPR form and instructions are available at the following address:
http://www.oregon.gov/ODOT/TD/AT/Pages/Forms Applications.aspx
4. Project Milestones — The Parties agree that the dates shown in Table 1 constitute
the intended schedule for advancing and completing the Project. Project Milestones
may only be changed through amendment of this Agreement, after obtaining an
approved Project Change Request.
Table 1: Project Milestones — Construction Project
Milestone Description Completion
Date
9
CAP071615 Page 19
Agency/State
Agreement No. 30321
5. Requirements for Construction Projects
a. Second Notification —Upon completion of on-site work Second Notification shall
be issued. Second Notification is further defined in the Definitions Section of this
Agreement. The anticipated and actual date for issuance of Second Notification
shall be reported in the required monthly report as described in paragraph 3,
above.
b. Third Notification — Issuance of Third Notification must be received within 120
days from the issuance of Second Notification as stated above with the exception
of any Establishment Period noted in the Construction Contract or any remaining
responsibilities of the Contractor. If Third notification is not issued within the
required timeframe, Consequences for Non -Performance, paragraph 7 below
may apply.
6. Project Change Request (PCR) Process - Agency must obtain approval from
State's Contact for changes to the Project's scope, schedule, or budget as specified
in paragraphs 6a, 6b and 6c, below. Agency shall be fully responsible for all costs
that occur outside the established Project scope, schedule or budget and prior to an
approved PCR. Amendments to this Agreement are required for all approved PCRs.
a. Scope - A PCR is required for any significant change or reduction in the scope of
work described in the Project Description (Paragraph 1 of this Exhibit).
b. Schedule— A PCR is required if Agency or State's Contact anticipate that any
Project Milestone will be delayed by more than ninety (90) days, and also for any
change in schedule that will require amendment of the Statewide Transportation
Improvement Program (STIP).
c. Budget — Total Project Cost and approved funds for the Project are controlled by
Terms of Agreement, paragraph 2 of this Agreement.
7. PCR Form - Agency must submit all change requests using PCR Form 734-2936,
attached by reference and made a part of this Agreement. The PCR Form is due no
later than thirty (30) days after the need for change becomes known to Agency. The
PCR shall explain what change is being requested, the reasons for the change, and
any efforts to mitigate the change. A Project Change Request may be rejected at the
discretion State's Area Manager.
10
CAP071615 Page 20
Obligation (Federal Authorization) of federal funds for the
9/30/2015
Preliminary Engineering phase of the Project
2
Obligation (Federal Authorization) of federal funds for the
3/31/2016
Right of Way phase of the Project
3
Obligation (Federal Authorization) of federal funds for the
9/30/2016
Construction phase of the Project
5. Requirements for Construction Projects
a. Second Notification —Upon completion of on-site work Second Notification shall
be issued. Second Notification is further defined in the Definitions Section of this
Agreement. The anticipated and actual date for issuance of Second Notification
shall be reported in the required monthly report as described in paragraph 3,
above.
b. Third Notification — Issuance of Third Notification must be received within 120
days from the issuance of Second Notification as stated above with the exception
of any Establishment Period noted in the Construction Contract or any remaining
responsibilities of the Contractor. If Third notification is not issued within the
required timeframe, Consequences for Non -Performance, paragraph 7 below
may apply.
6. Project Change Request (PCR) Process - Agency must obtain approval from
State's Contact for changes to the Project's scope, schedule, or budget as specified
in paragraphs 6a, 6b and 6c, below. Agency shall be fully responsible for all costs
that occur outside the established Project scope, schedule or budget and prior to an
approved PCR. Amendments to this Agreement are required for all approved PCRs.
a. Scope - A PCR is required for any significant change or reduction in the scope of
work described in the Project Description (Paragraph 1 of this Exhibit).
b. Schedule— A PCR is required if Agency or State's Contact anticipate that any
Project Milestone will be delayed by more than ninety (90) days, and also for any
change in schedule that will require amendment of the Statewide Transportation
Improvement Program (STIP).
c. Budget — Total Project Cost and approved funds for the Project are controlled by
Terms of Agreement, paragraph 2 of this Agreement.
7. PCR Form - Agency must submit all change requests using PCR Form 734-2936,
attached by reference and made a part of this Agreement. The PCR Form is due no
later than thirty (30) days after the need for change becomes known to Agency. The
PCR shall explain what change is being requested, the reasons for the change, and
any efforts to mitigate the change. A Project Change Request may be rejected at the
discretion State's Area Manager.
10
CAP071615 Page 20
Agency/State
Agreement No. 30321
The fillable PCR form and its instructions are available at the following web site:
http://www.oregon.gov/ODOT/TD/AT/Pages/Forms Applications.aspx
8. Consequence for Non -Performance - If Agency fails to fulfill its obligations in
paragraphs No. 3 through No. 7 above, or does not assist in advancing the Project
or perform tasks that the Agency is responsible for under the Project Milestones,
State's course of action through the duration of Agency's default may include: (a)
restricting Agency consideration for future funds awarded through State's managed
funding programs, (b) withdrawing unused Project funds, and (c) terminating this
Agreement as stated in Terms of Agreement, Paragraphs No. 14a and 141b of this
Agreement. State may also choose to invoice Agency for expenses incurred by
State for staff time to assist in completion of the final Project documentation and
issuance of Third Notification.
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11
CAP071615 Page 21
Agency/State
Agreement No. 30321
ATTACHMENT NO. 1 to Agreement No. 30321
SPECIAL PROVISIONS
1. Agency, or the consultant, shall conduct the necessary field surveys, environmental
studies, traffic investigations, foundation explorations, hydraulic studies, assist State
with acquisition of necessary right of way and easements; obtain all required permits
and arrange for all utility relocations/adjustments.
2. Upon State's award of the construction contract, Agency, or the consultant, shall be
responsible for all required materials testing and quality documentation; and prepare
necessary documentation with State -qualified personnel, to allow State to make all
contractor payments. Contract administration, construction engineering and
inspection will follow the most current version of the ODOT Construction Manual and
the ODOT Inspector's Manual.
3. Agency guarantees the availability of Agency funding in an amount required to fully
fund Agency's share of the Project.
4. State may make available the Region's On -Call Preliminary Engineering (PE),
Design and Construction Engineering Services consultant for Local Agency Projects
upon written request. If Agency chooses to use said services, Agency agrees to
manage the work done by the Consultant and reimburse State for payment of any
Consultant costs that are not eligible as MTEP participating costs or that are not
included as part of the total cost of the Project.
5. State will perform work throughout the duration of the Project and shall provide a
preliminary estimate of State costs for this work. Prior to the start of each Project
phase State shall provide an updated estimate of State costs for that phase. Such
phases generally consist of Preliminary Engineering, Right of Way, Utility, and
Construction. Agency understands that State's costs are estimates only and agrees
to reimburse State for actual cost incurred per of this Agreement.
6. State and Agency agree that the useful life of this Project is defined as 20 years.
7. Agency shall obtain a miscellaneous permit to occupy State right of way through the
State District 8 Office prior to the commencement of construction.
8. State grants authority to Agency to enter upon State right of way for the construction
of this Project as provided for in miscellaneous permit to be issued by State District 8
Office.
9. Agency grants State the right to enter onto Agency right of way for the performance
of duties as set forth in this Agreement.
10. If Agency fails to meet the requirements of this Agreement or the underlying federal
regulations, State may withhold the Agency's proportional share of Highway Fund
12
CAP071615 Page 22
Agency/State
Agreement No. 30321
distribution necessary to reimburse State for costs incurred by such Agency breach.
Agency will be ineligible to receive or apply for any Title 23, United States Code
funds until State receives full reimbursement of the costs incurred.
13
CAP W 1615 Page 23
ATTACHMENT NO. 2
FEDERAL STANDARD PROVISIONS
PROJECT ADMINISTRATION
1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by
the administration of this Project, and Agency (i.e. county, city, unit of local government, or other
state agency) hereby agrees that State shall have full authority to carry out this administration. If
requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA,
State will act for Agency in other matters pertaining to the Project. Prior to taking such action,
State will confer with Agency concerning actions necessary to meet federal obligations. Agency
shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or
Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State
and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and
assure that the interests of both Parties are considered during all phases of the Project.
2. Any project that uses federal funds in project development is subject to plans, specifications and
estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to
advertisement for bid proposals, regardless of the source of funding for construction.
3. Non -certified agencies must contract with State or a State certified local public agency to secure
services to perform plans, specifications and estimates (PS&E), construction contract
advertisement, bid, award, contractor payments and contract administration. Non -certified
agencies may use a State -approved consultant to perform preliminary engineering, and
construction engineering services.
PROJECT FUNDING REQUEST
4. State shall submit a separate written Project funding request to FHWA requesting approval of
federal -aid participation for each project phase including a) Program Development (Planning),
b) Preliminary Engineering (National Environmental Policy Act - NEPA, Permitting and Project
Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising,
Bid and Award). Any work performed prior to FHWA's approval of each funding request will be
considered nonparticipating and paid for at Agency expense. Agency shall not proceed on any
activity in which federal -aid participation is desired until such written approval for each
corresponding phase is obtained by State. State shall notify Agency in writing when authorization
to proceed has been received from FHWA. All work and records of such work shall be in
conformance with FHWA rules and regulations.
FINANCE
5. Federal funds shall be applied toward Project costs at the current federal -aid matching ratio,
unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match
amount for the federal funds and any portion of the Project, which is not covered by federal
funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project
Agreement). Agency must obtain written approval from State to use in-kind contributions rather
than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State
will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Project Agreement.
State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or
vendor, using criteria in 2 CFR 200.330.
6. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its
share of the required matching funds, plus 100 percent of all costs in excess of the total matched
STILPAq �R15.doc Page 24
Rev. 05-154-2015 14
federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA
will not participate. If Agency has not repaid any non -participating cost, future allocations of federal
funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the
non -participating costs. If State approves processes, procedures, or contract administration
outside the Local Agency Guidelines Manual that result in items being declared non -participating
by FHWA, such items deemed non -participating will be negotiated between Agency and State.
7. Agency agrees that costs incurred by State and Agency for services performed in connection with
any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon
by the Parties.
8. Agency's estimated share and advance deposit.
a) Agency shall, prior to commencement of the preliminary engineering and/or right of
way acquisition phases, deposit with State its estimated share of each phase.
Exception may be made in the case of projects where Agency has written approval
from State to use in-kind contributions rather than cash to satisfy all or part of the
matching funds requirement.
b) Agency's construction phase deposit shall be one hundred ten (110) percent of
Agency's share of the engineer's estimate and shall be received prior to award of
the construction contract. Any additional balance of the deposit, based on the
actual bid must be received within forty-five (45) days of receipt of written
notification by State of the final amount due, unless the contract is cancelled. Any
balance of a cash deposit in excess of amount needed, based on the actual bid, will
be refunded within forty-five (45) days of receipt by State of the Project sponsor's
written request.
c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be
in the form of 1) money deposited in the State Treasury (an option where a deposit
is made in the Local Government Investment Pool), and an Irrevocable Limited
Power of Attorney is sent to State's Active Transportation Section, Funding and
Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank
in the name of State, or 3) cash.
9. If Agency makes a written request for the cancellation of a federal -aid project; Agency shall bear
one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole
cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is
determined that the cancellation was caused by third parties or circumstances beyond the control
of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either
directly or through contract services, and State shall bear any State administrative costs incurred.
After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to
Agency.
10.Agency shall follow the requirements stated in the Single Audit Act. Agencies expending
$500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to
December 26, 2014, shall have a single organization -wide audit conducted in accordance with the
Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements
of 49 CFR parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all
sources) in a fiscal year beginning on or after December 26, 2014 shall have a single
organization -wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F.
Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to
December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, is
exempt from Federal audit requirements for that year. Records must be available for review or
STILPAq �R15.doc Page 25
Rev. 05-154-2015 15
audit by appropriate officials based on the records retention period identified in the Project
Agreement. The cost of this audit can be partially prorated to the federal program.
11. Agency shall make additional deposits, as needed, upon request from State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
estimated cost to complete the Project.
12. Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency
on behalf of the Project directly to State's Liaison for review, approval and reimbursement to
Agency. Costs will be reimbursed consistent with federal funding provisions and the Project
Agreement. Such invoices shall identify the Project by the name of the Project Agreement,
reference the Project Agreement number, and shall itemize and explain all expenses for which
reimbursement is claimed. Invoices shall be presented for periods of not less than one-month
duration, based on actual expenses to date. All invoices received from Agency must be approved
by State's Liaison prior to payment. Agency's actual costs eligible for federal -aid or State
participation shall be those allowable under the provisions of the Federal -Aid Policy Guide
(FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for
processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary
engineering, which ends at the award date of construction b) last payment for right of way
acquisition and c) contract completion for construction. Partial billing (progress payment) shall be
submitted to State within forty-five (45) days from date that costs are incurred. Invoices submitted
after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and
agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly
authorized representatives shall have access to the books, documents, papers, and records of
Agency which are directly pertinent to the Project Agreement for the purpose of making audit,
examination, excerpts, and transcripts for a period ending on the later of six (6) years following the
date of final voucher to FHWA or after resolution of any disputes under the Project
Agreement. Copies of such records and accounts shall be made available upon request. For
real property and equipment, the retention period starts from the date of disposition ((2 CFR
200.333(c)).
13. Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR
part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal -aid funds distributed to
Agency if any of the following events occur:
a) Right of way acquisition is not undertaken or actual construction is not started by
the close of the twentieth federal fiscal year following the federal fiscal year in
which the federal -aid funds were authorized for right of way acquisition. Agency
may submit a written request to State's Liaison for a time extension beyond the
twenty (20) year limit with no repayment of federal funds and State will forward the
request to FHWA. FHWA may approve this request if it is considered reasonable.
b) Right of way acquisition or actual construction of the facility for which preliminary
engineering is undertaken is not started by the close of the tenth federal fiscal year
following the federal fiscal year in which the federal -aid funds were authorized.
Agency may submit a written request to State's Liaison for a time extension
beyond the ten (10) year limit with no repayment of federal funds and State will
forward the request to FHWA. FHWA may approve this request if it is considered
reasonable.
14. Agency shall maintain all Project documentation in keeping with State and FHWA standards and
specifications. This shall include, but is not limited to, daily work records, quantity documentation,
material invoices and quality documentation, certificates of origin, process control records, test
STILPAq �R15.doc Page 26
Rev. 05-154-2015 16
results, and inspection records to ensure that the Project is completed in conformance with
approved plans and specifications.
15. State shall submit all claims for federal -aid participation to FHWA in the normal manner and
compile accurate cost accounting records. State shall pay all reimbursable costs of the Project.
Agency may request a statement of costs -to -date at any time by submitting a written request.
When the actual total cost of the Project has been computed, State shall furnish Agency with an
itemized statement of final costs. Agency shall pay an amount which, when added to said advance
deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total
actual cost. Any portion of deposits made in excess of the final total costs of the Project, minus
federal reimbursement, shall be released to Agency. The actual cost of services provided by State
will be charged to the Project expenditure acceunt(s) and will be included in the total cost of the
Project.
STANDARDS
16. Agency agrees that minimum design standards on all local agency jurisdictional roadway or street
projects on the National Highway System (NHS) and projects on the non -NHS shall be the
American Association of State Highway and Transportation Officials (AASHTO) standards and be
in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). Agency
shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current
version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R
projects. Agency may use AASHTO for vertical clearance requirements on Agency's jurisdictional
roadways or streets.
17. Agency agrees that if the Project is on the Oregon State Highway System or State-owned facility,
that design standards shall be in compliance with standards specified in the current DUCT
Highway Design Manual and related references. Construction plans for such projects shall be in
conformance with standard practices of State and all specifications shall be in substantial
compliance with the most current Oregon Standard Specifications for Highway Construction and
current Contract Plans Development Guide.
18. Agency agrees that for all projects on the Oregon State Highway System or State-owned facility
any design element that does not meet DUCT Highway Design Manual design standards must be
justified and documented by means of a design exception. Agency further agrees that for all
projects on the NHS, regardless of funding source; any design element that does not meet
AASHTO standards must be justified and documented by means of a design exception. State
shall review any design exceptions on the Oregon State Highway System and retains authority for
their approval. FHWA shall review any design exceptions for projects subject to Focused Federal
Oversight and retains authority for their approval.
19. Agency agrees all traffic control devices and traffic management plans shall meet the
requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon
Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. Agency must obtain
the approval of the State Traffic Engineer prior to the design and construction of any traffic signal,
or illumination to be installed on a state highway pursuant to OAR 734-020-0430.
20. The standard unit of measurement for all aspects of the Project shall be English Units. All Project
documents and products shall be in English. This includes, but is not limited to, right of way,
environmental documents, plans and specifications, and utilities.
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Rev. 05-154-2015 17
PRELIMINARY & CONSTRUCTION ENGINEERING
21. Preliminary engineering and construction engineering may be performed by either a) State,
b) Agency, c) State -approved consultant, or d) certified agency. Engineering work will be
monitored by State or certified agency to ensure conformance with FHWA rules and regulations.
Project plans, specifications and cost estimates shall be performed by either a) State, b) State -
approved consultant or c) certified agency. State shall review and approve Project plans,
specifications and cost estimates. State shall, at project expense, review, process and approve, or
submit for approval to the federal regulators, all environmental statements. State or certified
agency shall, if they prepare any of the documents identified in this paragraph, offer Agency the
opportunity to review and approve the documents prior to advertising for bids.
22. Agency may request State's two-tiered consultant selection process as allowed by OAR 137-048-
0260 to perform architectural, engineering, photogrammetry, transportation planning, land
surveying and related services (A&E Services) as needed for federal -aid transportation projects.
Use of the State's processes is required to ensure federal reimbursement. State will award and
execute the contracts. State's personal services contracting process and resulting contract
document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110,
279C.125, OAR 137-048-0130, OAR 137-048-0220(4) and State Personal Services Contracting
Procedures as approved by the FHWA. Such personal services contract(s) shall contain a
description of the work to be performed, a project schedule, and the method of payment. No
reimbursement shall be made using federal -aid funds for any costs incurred by Agency or the
consultant prior to receiving authorization from State to proceed.
23. The party responsible for performing preliminary engineering for the Project shall, as part of its
preliminary engineering costs, obtain all Project related permits necessary for the construction of
said Project. Said permits shall include, but are not limited to, access, utility, environmental,
construction, and approach permits. All pre -construction permits will be obtained prior to
advertisement for construction.
24. State or certified agency shall prepare construction contract and bidding documents, advertise for
bid proposals, and award all construction contracts.
25. Upon State's or certified agency's award of a construction contract, State or certified agency shall
perform quality assurance and independent assurance testing in accordance with the FHWA-
approved Quality Assurance Program found in State's Manual of Field Test Procedures, process
and pay all contractor progress estimates, check final quantities and costs, and oversee and
provide intermittent inspection services during the construction phase of the Project.
26. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed
throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and
construction). State's liaison shall process reimbursement for federal participation costs.
REQUIRED STATEMENT FOR United States Department of Transportation (USDOT)
FINANCIAL ASSISTANCE AGREEMENT
27. By signing the Federal -Aid Agreement to which these Federal Standard Provisions are attached,
Agency agrees to adopt State's DBE Program Plan, available at
http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/pages/sbe/dbe/dbe program. aspx#plan. Agency
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any USDOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under
49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted
contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is
ST�PAq �R15.doc Page 29
Rev. 05-154-2015 18
incorporated by reference in this Project Agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this Project
Agreement. Upon notification to the recipient of its failure to carry out its approved program, the
USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer
the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 USC 3801 et sec.).
Disadvantaged Business Enterprises (DBE) Obligations
28. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and
State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all
contracts entered into under this Project Agreement. The following required DBE assurance shall
be included in all contracts:
"The contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
requirements of Title 49 CFR part 26 in the award and administration of federal -aid
contracts. Failure by the contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as
Agency deems appropriate. Each subcontract the contractorsigns with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b))."
29. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title
V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990
(ADA), and Titles VI and VII of the Civil Rights Act of 1964.
30. The Parties hereto agree and understand that they will comply with all applicable federal, state,
and local laws, regulations, executive orders and ordinances applicable to the work including, but
not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 2798.270,
incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710,
and 771; Title 49 CFR parts 24 and 26; 2 CFR 1201, Title 23, USC, Federal -Aid Highway Act; Title
41, Chapter 1, USC 51-58, Anti -Kickback Act; Title 42 USC; Uniform Relocation Assistance and
Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA
Contract Administration Core Curriculum Participants Manual & Reference Guide. State and
Agency agree that FHWA-1273
Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not
by reference.
RIGHT OF WAY
31. Agency and the consultant, if any, agree that right of way activities shall be in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and
Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in
by Agency to ensure compliance with all laws and regulations.
32. State is responsible for proper acquisition of the necessary right of way and easements for
construction and maintenance of projects. Agency may perform acquisition of the necessary right
of way and easements for construction and maintenance of the Project provided Agency or the
consultant are qualified to do such work, as required by the ODOT Right of Way Manual, and
Agency has obtained prior approval from State's Region Right of Way office to do such work.
33. Regardless of who acquires or performs any of the right of way activities, a right of way services
agreement shall be created by State's Region Right of Way office setting forth the responsibilities
STILPAq �R15.doc Page 29
Rev. 05-154-2015 19
and activities to be accomplished by each Party. If the Project has the potential of needing right of
way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way
services agreement will be required. State, at Project expense, shall be responsible for requesting
the obligation of project funding from FHWA. State, at Project expense, shall be responsible for
coordinating certification of the right of way, and providing oversight and monitoring. Funding
authorization requests for federal right of way funds must be sent through State's Liaison, who will
forward the request to State's Region Right of Way office on all projects. Agency must receive
written authorization to proceed from State's Right of Way Section prior to beginning right of way
activities. All projects must have right of way certification coordinated through State's Region Right
of Way office to declare compliance and project readiness for construction (even for projects
where no federal funds were used for right of way, but federal funds were used elsewhere on a
project). Agency shall contact State's Liaison, who will contact State's Region Right of Way office
for additional information or clarification on behalf of Agency.
34. Agency agrees that if any real property purchased with federal -aid participation is no longer
needed for the originally authorized purpose, the disposition of such property shall be subject to
applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to
State and FHWA of the required proportionate shares of the fair market value may be required.
35. Agency ensures that all project right of way monumentation will be conducted in conformance with
ORS 209.155.
36. State and Agency grants each other authority to enter onto the other's right of way for the
performance of non -construction activities such as surveying and inspection of the Project.
RAILROADS
37. Agency shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through the State's Liaison, who will contact
State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part
140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other
costs associated with railroad work will be at the sole expense of Agency, or others. Agency may
request State, in writing and at Project expense, to provide railroad coordination and negotiations.
However, State is under no obligation to agree to perform said duties.
UTILITIES
38. Agency shall follow State established statutes, policies and procedures when impacts occur to
privately or publicly -owned utilities. Policy, procedures and forms are available through the State
Utility Liaison or State's Liaison. Agency shall provide copies of all signed utility notifications,
agreements and Utility Certification to the State Utility Liaison. Only those utility relocations, which
are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be
included in the total Project casts; all other utility relocations shall be at the sale expense of
Agency, or others. Agency may send a written request to State, at Project expense, to arrange for
utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no
later than twenty -ane (21) weeks prior to bid let date. However, State is under no obligation to
agree to perform said duties. Agency shall not perform any utility work on state highway right of
way without first receiving written authorization from State.
GRADE CHANGE LIABILITY
39. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the Project which may alter or change the grade of existing
county roads are being accomplished at the direct request of the County.
8TILPAq �R15.doc Page 30
Rev. 05-154-2015 20
40. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes.
Approval of plans by State shall not subject State to liability under ORS 105.760 for change of
grade.
41. Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS
373.030(2) to any and all changes of grade within the City limits, and gives its consent as required
by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in
connection with or arising out of the Project covered by the Project Agreement.
MAINTENANCE RESPONSIBILITIES
42. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project
completion at a minimum level that is consistent with normal depreciation and/or service demand
and throughout the useful life of the Project. The useful life of the Project is defined in the Special
Provisions. State may conduct periodic inspections during the life of the Project to verify that the
Project is properly maintained and continues to serve the purpose for which federal funds were
provided. Maintenance and power responsibilities shall survive any termination of the Project
Agreement. In the event the Project will include or affect a state highway, this provision does not
address maintenance of that state highway.
CONTRIBUTION
43. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or
hereafter defined in ORS 30.260 ('Third Party Claim") against State or Agency with respect to
which the other Party may have liability, the notified Party must promptly notify the other Party in
writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all
legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the
defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own
choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful
opportunity for the Party to participate in the investigation, defense and settlement of the Third
Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with
respect to the Third Party Claim.
44. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if
joined in the Third Party Claim), State shall contribute to the amount of expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of
State on the one hand and of Agency on the other hand in connection with the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of State on the one hand and of Agency on the other
hand shall be determined by reference to, among other things, the Parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances
resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in
any instance is capped to the same extent it would have been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the
proceeding.
45. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if
joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by State in such proportion as is appropriate to reflect the relative fault of
Agency on the one hand and of State on the other hand in connection with the events which
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Agency on the one hand and of State on the other
8TILPAq �R15.doc Page 31
Rev. 05-154-2015 21
hand shall be determined by reference to, among other things, the Parties' relative intent,
knowledge, access to information and opportunity to correct a prevent the circumstances
resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount
in any instance is capped to the same extent it would have been capped under Oregon law,
including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the
proceeding.
ALTERNATIVE DISPUTE RESOLUTION
46. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement.
In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding
arbitration) to resolve the dispute short of litigation.
WORKERS' COMPENSATION COVERAGE
47. All employers, including Agency, that employ subject workers who work under this Project
Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required
Workers' Compensation coverage unless such employers are exempt under ORS 656.126.
Employers Liability Insurance with coverage limits of not less than five hundred thousand
($500,000) must be included. Agency shall ensure that each of its contractors complies with these
requirements.
LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions
48. Agency certifies by signing the Project Agreement that:
a) No federal appropriated funds have been paid a will be paid, by or on behalf of the
undersigned, to any person for influencing a attempting to influence an officer a
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, a an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
b) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer a employee of any
federal agency, a Member of Congress, an officer a employee of Congress, a an
employee of a Member of Congress in connection with this federal contract, grant,
loan, a cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying,' in accordance with its
instructions.
c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subgrants, and
contracts and subcontracts under grants, subgrants, loans, and cooperative
agreements) which exceed one hundred thousand dollars ($100,000), and that all
such subrecipients shall certify and disclose accordingly.
d) This certification is a material representation of fact upon which reliance was placed
when this transaction was made a entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Title 31, USC
Section 1352.
STIPAAq �R15.doc Page 32
Rev. 05-154-2015 22
e) Any person who fails to file the required certification shall be subject to a civil
penalty of not less than ten thousand dollars ($10,000) and not more than one
hundred thousand dollars ($100,000) for each such failure.
Return to Agenda
8T�PAg �R15.doc Page 33
Rev. 05-154-2015 23
Resolution
Agreement for
Right -of -Way at
Beebe/Hamrick
Intersection
CAP071615 Page 34
A
CENTRAL
POINT
PARKS & PUBLIC WORKS DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
July 7, 2015
AGENDA ITEM: Resolution No. Authorizing the City Manager to Enter into an
Agreement for Purchase of Right of Way with James Sutton of 4511 Hamrick Road in Lieu of
Condemnation Proceedings
STAFFSOURCE:
Matt Samitore, Parks & Public Works Director
BACKGROUND/SYNOPSIS:
The City of Central Point Public Works Department has been negotiating with Mr. James Sutton for
well over a year on construction of a new right turn lane located on the easterly movement of Beebe
Road as it approaches Hamrick Road. Additionally, it was determined it is in the City's long term
interest to also purchase enough right-of-way for a future signal pole when a signal is warranted.
The final offer to Mr. Sutton includes $8,000 for the purchase of 259 sq. ft of property, free water
for 6 years plus the city will not force annex the property. In addition a new sound wall will be
constructed parallel to Beebe and Hamrick associated with the actual construction.
FISCAL IMPACT
Positives: Upon completion of the agreement all the necessary area will be needed for a designated
right turn lane. This will help immediately with the issues associated with church related functions
at the Catholic Church. Additionally, there will be enough land for a future signal. Additionally, the
agreement avoids condemnation proceedings.
Negatives: The City will have an initial financial obligation that is $3,000 more than what was
originally budgeted for this project.
ATTACHMENTS:
I. Dedication Agreement.
RECOMMENDATION:
City Staff: City staff recommends approving the agreement authorizing the City Manager or his
designee to sign the dedication agreement upon execution from Mr. Sutton.
PUBLIC HEARING
No
CAP071615 Page 35
SUGGESTED MOTION:
I move to approve Resolution No. Authorizing the City Manager to Enter into an
Agreement for Purchase of Right of Way with James Sutton of 4511 Hamrick Road in Lieu of
Condemnation Proceedings
Return to Agentla
CAPO71615 Page 36
13i'I8J4]IM011Is]
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY WITH
JAMES SUTTON OF 4511 HAMRICK ROAD IN
LIEU OF CONDEMNATION PROCEEDINGS
Recitals:
A. The City Public Works Department has been negotiating with Mr. James Sutton
regarding the purchase of Right -of -Way for the south easterly comer of Hamrick and
Beebe Road.
B. The City's long term interest is to purchase enough right-of-way for a future signal
pole when a signal is warranted at this intersection.
C. The City and Mr. Sutton have agreed to the terms as stated in "Exhibit A" of this
resolution.
D. By suing the proposed agreement both parties will avoid the need for condemnation
proceeding.
The City of Central Point resolves as follows:
Section 1. The agreement is set forth on the attached Exhibit "A".
Passed by the Council and signed by me in authentication of its passage this __ day of July,
2015.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agentla
CAP W 1615 Page 37
DEDICATION AGREEMENT / JAMES SUTTON
RECITALS
WHEREAS, James Sutton ("Sutton") is the owner of real property described more
particularly in the attached EXHIBIT A (the "Property").
WHEREAS, the City of Central Point, a municipal corporation of the State of Oregon
("City") is conducting a street widening project along Beebe Road, which will include a new
fight tum lane, including curbs adjacent to the Property (the "Project").
WHEREAS, Sutton has agreed to dedicate land to the City for the Project in
consideration for cash and other obligations on the part of the City.
WHEREAS, the parties desire to enter into this Agreement to set forth the obligations of
the parties hereto.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
A. Sutton's Obligations:
L Sutton agrees to dedicate land to the City free and clear of any liens,
encumbrances or encroachments, for right-of-way purposes, such land being more particularly
described in the attached EXHIBIT B.
2. Sutton agrees to execute a Dedication Deed in substantially the form attached
hereto as EXHIBIT B in order to effectuate the dedication of land.
3. Sutton agrees to execute a Consent to Annex agreement which provides that
Sutton agrees to annex the Property subject to the condition that it cannot be annexed into the
City without the Property owner's consent for a period of fifteen (15) years in substantially the
form attached hereto as EXHIBIT C.
4. Sutton's obligations herein shall be binding upon his heirs, successors and
assigns.
B. City's Obligations:
L In consideration for the dedication of land described above, the City agrees to pay
Sutton $8,000.00 upon execution of the Dedication Deed.
DEDICATION AGREEMENT JAMES SUTTON - Page I of 5
CAP071615 Page 38
2. As additional consideration for such dedication the City agrees to construct and
install the following:
a. The City will construct a new 6 -foot high block sound wall along Beebe
Road as measured from the highest adjacent grade on the Property line. The 6 -foot sound wall
shall be installed along the north Property line and will measure approximately 167 -feet in
length, but in no case to extend into the 42" site vision line. The approximate location of the
Beebe Road sound wall is depicted on the attached EXHIBIT D.
b. The City will remove all vegetation and other material that is in the City's
construction and dedication area at the City's sole cost.
C. The City will remove and preserve the existing 40 -foot chain link fence
and posts at its sole cost. At Sutton's request, the City will relocate said fence to another
location on the Property at City's cost. In the event no such request is made prior to or during
construction of the Project, the City shall leave the removed fence at the Property and shall have
no further obligations to relocate said fence.
d. The City will construct a 42 -inch high block sound wall along Hamrick
Road along the east Property line. Said wall will begin at the site vision line and continue to the
south Property line. The height of said sound wall will be measured from the highest adjacent
grade. See EXHIBIT D for the approximate location of the Hamrick Road sound wall.
3. The City shall install asphalt driveways on both Hamrick Road and Beebe Road
in the locations in which said driveways currently exist, the approximate location of which is
depicted on the attached EXHIBIT D. The driveways will extend five feet from the property line
onto the Property.
4. As further consideration for the dedication, the City will install a new five -eighth
(5/8) inch water meter. For six (6) years following execution of this Agreement, the City agrees
to provide water to the Property at no charge, and the owner of the Property will not be subject to
street/storm water fees. Following expiration of said 6 -year period, the Property owner will be
responsible to pay any and all charges for water, street fees and storm water fees to the Property.
5. The City shall have a plumber remove the current holding tank and pressure tank
located on the Property and move them to the another location on the Property at City's sole cost.
6. The City will install a backflow prevention device, pressure reducing valve, and
any other work associated with hooking up the existing dwellings on the Property to the
domestic water service at City's sole cost and shall remove the existing structure surrounding the
holding tank at City's sole cost.
C. Miscellaneous Provisions
1. Maintenance of Sound Walls. Upon completion of construction of the sound
walls identified in Subsections B(2)(a) and B(2)(d) above, City shall be responsible to maintain
DEDICATION AGREEMENT JAMES SUTTON - Page 2 of 5
CAP071615 Page 39
and repair said sound wells, except where such damage or destruction is caused by Sutton, his
guests, tenants, successors and assigns; in such event Sutton, his guests, tenants, successors or
assigns, shall be responsible to repair or replace said walls.
2. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original and said counterparts shall together constitute one in the same
agreement, binding all the parties hereto, notwithstanding all the parties are not signatory to the
original or the same counterparts.
3. Indemnification. The parties hereby agree to indemnify, defend, hold harmless
and protect the other party from and against any and all claims (including without limitation any
claim for damage to property or injury to death of any persons, liens, or encumbrances asserted
by any third person) that relate to the obligations under this Agreement, where such claims were
caused by the negligence of the other party.
4. Notices. All notices, demands, consents, approves or other communication that
are required or desired to be given by either party to the other under this Agreement shall be in
writing and shall be (a) hand -delivered or (b) sent by first class mail addressed to the party at the
address set forth below or at such other address as such party shall have last designated by notice
to the other. Notices shall be deemed given when delivered or when placed in the mail. Notice
addresses for the parties are as follows:
To City: Chris Clayton
City of Central Point
140 S. Third Street
Central Point, OR 97502
To Sutton: Jaynes Sutton
5. Binding Effect. This Agreement shall be binding on and inure to the benefit of
the parties and their heirs, personal representatives, successors and assigns.
6. Assngunent. This Agreement shall be freely assignable.
7. Attomey Fees. If any suit or action is filed by any party to enforce this
Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party
shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or
defense of such suit or action as fixed by the trial court, and if any appeal is taken from the
decision of the trial court, reasonable attorney fees as fixed by the appellate court.
8. Amendments. This Agreement may be amended only by an instrument in writing
executed by all the parties.
DEDICATION AGREEMENT JAMES SUTTON - Page 3 of 5
CAP W 1515 Page 40
9. Entire Agreement. This Agreement (including the exhibits) sets forth the entire
understanding of the parties with respect to the subject matter of this Agreement and supersedes
any and all prior understandings and agreements, whether written or oral, between the parties
with respect to such subject matter.
10. Severabilitv. If any provision of this Agreement shall be invalid or unenforceable
in any respect for any reason, the validity and enforceability of any such provision in any other
respect and of the remaining provisions of this Agreement shall not be in any way impaired.
It. Waiver. A provision of this Agreement may be waived only by a written
instrument executed by the party waiving compliance. No waiver of any provision of this
Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall
not operate as a waiver of such provision or any other provision.
12. Further Assurances. From time to time, each of the parties shall execute,
acknowledge, and deliver any instruments or documents necessary to carry out the purposes of
this Agreement
13. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer on any person, other than the parties to this Agreement, any right or remedy of
any nature whatsoever.
14. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the state of Oregon.
15. Venue. This Agreement has been made entirely within the state of Oregon. This
Agreement shall be governed by and construed in accordance with the laws of the state of
Oregon. If any suit or action is filed by any party to enforce this Agreement or otherwise with
respect to the subject matter of this Agreement, venue shall be in the federal or state courts in *,
Oregon.
16. Attornev Representation. The undersigned acknowledges (a) that he has read
this Agreement in its entirety, (b) that he has had full opportunity to study and review this
Agreement, (c) that this Agreement was prepared by Sydnee B. Dreyer, an attorney with the
law firm of Huycke O'Connor Jarvis, LLP, as the attorney for the City of Central Point, (d) that
Ms. Dreyer does not represent Mr. Sutton and he has not relied in any way upon any legal
advice or actions of Ms. Dreyer in entering into this Agreement, (e) that Mr. Sutton
understands that he should consult with independent legal counsel, and that he has the
right to consult with independent legal counsel respecting his rights and duties under this
Agreement, (E) that he has had full opportunity to review and discuss this Agreement with
independent legal counsel and tax and other advisors, and (g) that he has been provided all
information related hereto as has been requested.
DEDICATION AGREEMENT JAMES SUTTON - Page 4 of 5
CAP W 1615 Page 41
IN WITNESS WHEREOF the parties have executed this Agreement this _ day of July,
2015.
CITY OF CENTRAL POINT
By:_
x
1 1111, 111 1)11 IT1111 11,111 1 111 IT I III -1 1111 1)111
JAMES SUTTON
Return to Agenda
DEDICATION AGREEMENT JAMES SUTTON - Page 5 of 5
CAP071615 Page 42
First American Tire Company of Oregon
Public Record Report for New Subdivision or Land Parption
Order No. 7169-2469500
EXHIBIT "A"
(Land Description Map Tax and Account)
BEGINNING AT A POINT ON THE EAST LINE OF DONATION LAND CLAIM NO. 55, TOWNSHIP 37 SOUTH,
RANGE 2 WEST, WILLAMETTE MERIDIAN, JACKSON COUNTY, OREGON, SAID POINT BEING 1249.14
FEET NORTH OF THE SOUTHEAST CORNER OF SAID CLAIM; THENCE WEST, PARALLEL WITH THE
SOUTH BOUNDARY OF SAID CLAIM, 220.0 FEET, TO THE EAST LINE OF TRACT DESCRIBED IN VOLUME
284, PAGE 213, JACKSON COUNTY, OREGON, DEED RECORDS; THENCE NORTH, ALONG SAID LINE,
156.0 FEET, TO THE NORTH LINE OF TRACT DESCRIBED IN VOLUME 279, PAGE 180, SAID DEED
RECORDS; THENCE EAST, ALONG SAID LINE, 220.0 FEET, TO THE EAST LINE OF SAID CLAIM NO. 55;
THENCE SOUTH, ALONG SAID CLAIM LINE, 156.0 FEET, TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
Map No.: 372WOlC 1700
Tax Account No.: 1-019549-1
Public Rccord Report Por New Subdivision or Partition
Pape 2 of 5 (Ver. 20000922)
CAP 071615 Page 43
AFTER RECORDING RETURN TO:
City of Central Point
140 S 3rd Street
Central Point OR 97502
DEDICATION OF RIGHT OF WAY
KNOW ALL MEN BY THESE PRESENTS that James W Sutton, a single man, as
owner/ Grantor does hereby dedicate to the public of THE CITY OF CENTRAL POINT,
a municipal corporation of the State of Oregon the following described tract for public
use for street right-of-way purposes,
SEE EXHIBIT "A2" ATTACHED HERETO
AND MADE A PART HEREOF and Further delineated on attached Exhibit `B"
IN WITNESS HEREOF, signed this day of , 2015.
James W. Sutton
STATE OF OREGON
COUNTY OF JACKSON
This instrument was acknowledged before me this day of
, 2015 by James W. Sutton
Notary Public for Oregon
My commission expires
Page 1 of 2
CAP071615 Page 44
The City of Central Point, a municipal corporation of the State of Oregon, hereby accepts
such grant of street right of way on behalf of the public.
City of Central Point
IN WITNESS HEREOF, signed this instrument this day of 2015.
STATE OF OREGON )
) SS.
County of Jackson)
Personally appeared the above-named , and
acknowledged the foregoing instrument to be his/her voluntary act and deed and was
sued on behalf of the City of Central Point. Before me:
Notary Public for Oregon
My commission expires:
Page 2 of 2
CAP W 1615 Page 45
EXHIBIT "A2"
Property Description
City of Central Point
Assessor's Map No. 372WOIC-1700 a portion of
This description is a portion of that tract described in Instrument No 87-16607 as recorded in the
Official Records of Jackson County, Oregon, more particularly described as follows:
Commencing at the Southeast corner of Donation Land Claim No 55 in Township 37 South,
Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence North Be 11'26"
West, along the East line of said Claim, 1249.07 feet to the Southeast comer of that tract
described in Instrument No 87-16607 as recorded in the Official Records of Jackson County,
Oregon; thence South 89954'00" West, parallel with the South boundary of said Claim, 31.31
feet to the existing right of way of Hamrick Road; thence North Be 15'01" West, along said right
of way, 117.06 feet to the POINT OF BEGINNING; thence continuing North 0015'01" West,
along said right of way, 17.00 feet to the South right of way line of Beebe Road; thence South
89033'59" West, along said Beebe Road right of way, 19.00 feet; thence South 24008'33" East,
18.57 feet; thence North 89033'59" East, parallel with said Beebe Road right of way, 11.48 feet
to the POINT OF BEGINNING.
Containing 259 square feet, more or less.
Prepared By: Farber and Sons Inc
Farber Surveying
431 Oak Street cra(tcoc..ment
Centn'al Point, OR 97502
(541)664-5599
Date: June 11, 2015
CAP W 1615 Page 46
EXHIBIT "B"
L
F7,71 CI ATED <DYT 'F 1Y
DE -DE <C." -L
FT
FARBER & SONS, INC. eLc1s'ruizu�
dbo FARBER SURVEYING Kor �ssio\aE
LAND SURVEYOR
431 Oak Street
Central Point, Oregon 97502
(541) 664-5599
ORFGO]
Y
L F'I Y"cU-F
i.
CAP W 1615 Page 47
Exhibit C
CONSENT TO ANNEXATION AGREEMENT
This agreement, made and entered into this day of , 20, by and
between the City of Central Point, Oregon, an Oregon municipal corporation, hereinafter
referred to as "City", and hereinafter
referred to as "Owners".
Agreement
1. Warranty of Ownership. Owners hereby warrant that they are the
owners in fee of the real property, described as follows: See
attached, Exhibit A
2. Comprehensive Plan Amendment and Annexation. Owners
hereby give their continuing written and irrevocable consent to, and request for, the
annexation of the property described above to City, and do hereby petition City for such
annexation. In connection therewith, Owners certify that there are no electors residing on
the subject property; Owners waive ORS 222.173, which limits the duration of the
annexation agreement to one year, and agree to sign a separate document, as required
by said statute, waiving said time until the property is annexed; and owners, consent and
waiver are continuing and binding upon the heirs, successors and assigns of the owners,
including, but not limited to, lessors, lessees, renters, and any other occupants of the
property.
Owners agree to pay all costs in connection with the annexation, to be paid to the
City upon request, and to participate fully in all City land use procedures necessary or
advisable for the annexation, and the establishment of a zone for said property. Owners'
cooperation shall include, but not be limited to, testifying and otherwise presenting
evidence in favor of the annexation.
3. Examinations and Inspections. Owners grant to City, and any of its
authorized -representatives, the right to go upon the property at all reasonable times to
make such examinations and inspections as are reasonably necessary in City's opinion to
determine that all terms and conditions hereof, and all City codes and ordinances, are
being fully complied with by owner.
4. City Codes and Ordinances. From and after the date of the execution
of this agreement, the property described herein and all structures and improvements
situated thereon shall be subject to and shall comply with all City codes and ordinances,
including, but not limited to, the City building, zoning, development and utility standards
and procedures.
p 153MINN RKIINN%%UMMKINRMWIN IMrY
CAP071615 Page 48
5. Attorney Fees. In the event of any suit, action, claim, or other legal
proceeding to enforce any of the terms or provisions of this agreement, including
recission or declaratory judgment, the prevailing party in such action shall be entitled to
recover its reasonable attorney fees incurred therein, including any appeal, in a sum to be
determined by the Court.
EXECUTED IN DUPLICATE, each party retaining an original.
City of Central Point
Owners
Mayor
City Manager
STATE OF OREGON )
) ss.
County of Jackson )
On this day of , 20 , personally appeared before me
known to me to be the Mayor for the City of Central Point, Oregon, and acknowledged
the foregoing Consent to Annexation Agreement to be the voluntary act and deed of City
of Central Point.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Jackson )
CONSENT TO ANNEXATION AGREEMENT Return to Agenda 2
CAP W 1615 Page 49
On this day of , 20 , personally appeared before me
, known to me to be the City Manager for the City of Central Point, Oregon, and
acknowledged the foregoing Consent to Annexation Agreement to be the voluntary act
and deed of City of Central Point.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Jackson )
On this day of , 20 , personally appeared before me
and acknowledged the foregoing Consent to Annexation Agreement to be his voluntary
act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
) ss.
County of Jackson )
On this day of , 20 , personally appeared before me
and acknowledged the foregoing Consent to Annexation Agreement to be his voluntary
act and deed.
Notary Public for Oregon
My Commission Expires:
IXMI1`IMMINN RKI\JNKIWM WKWRMM91Mr9
CAPO71615 Page 50
Resolution
Railroad Crossing
Agreement
Amendment
CAP071615 Page 52
STAFF REPORT
pm—
CENTRAL
POINT
STAFF REPORT
July 16, 2015
Planning Department
Tom Humphrey,AlU,,
Community Development Director/
AGENDAITEM:
Resolution Adopting the Second Amendment to a Road Easement Agreement between the City of Central
Point and Central Oregon & Pacific Railroad, Inc.
STAFF SOURCE:
Tom Humphrey ART, Community Development Director
BACKGROUND:
The City has entered into two previous agreements with the railroad beginning in June 2008. The Railroad
Easement grants the right to construct, reconstruct, maintain and use a street or highway upon and across
its right-of-way. Both parties expected to be under construction by the time the first 3 -year agreement
concluded Unfortunately, the recession and revisions to the traffic signal layout at the crossing lead to an
amendment of the agreement and year-to-year payments to the railroad which have been renegotiated.
Attachment A is a Resolution that includes the second and final amendment to the original agreement as
Exhibit "A. The language in the Amendment has been prepared in collaboration with the City Attorney
and the railroad has agreed to its terms.
ISSUES:
There are no real issues with this item because the parties have mutually agreed to the recitals and
substance of the agreement. Approval of the resolution directs staff to enact the agreement and to make
one final payment to the railroad relative to a road easement for the Twin Creeks Crossing. The payment
will be made after the railroad signs and returns the amendment. The agreement and final payment secure
the city's right to the crossing location until such time as construction begins and a new crossing is
completed.
ATTACHMENTS:
Attachment "A"— Resolution No. A Resolution Directing the City Manager or His Designee to Enter Into a
Second Amendment to a Road Easement Agreement Between Central Oregon & Pacific Railroad, Inc. and the
Citv of Central Point
ACTION/RECOMMENDATION:
Approve Resolution No. —A Resolution Directing the City Manager or His Designee to Enter Into a Second
Amendment to a Road Easement Agreement Between Central Oregon & Pacific Railroad, Inc. and the City of
Central Point.
Return to Agentla
Page I of I
CAP071615 Page 53
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A SECOND AMENDMENT TO A ROAD EASEMENT AGREEMENT
BETWEEN CENTRAL OREGON & PACIFIC RAILROAD, INC. AND THE CITY OF
CENTRAL POINT
WHEREAS, the City of Central Point has an approved Final Order (FO) for the construction of a
New Railroad -Highway Grade Crossing at Twin Creeks Road and Central Oregon & Pacific
Railroad; and
WHEREAS, the First Amendment to Road Easement Agreement has expired and a subsequent
amendment is necessary to ensure the construction of transportation and utility improvements;
and
WHEREAS, the Twin Creeks/Highway 99 at -grade railroad crossing is identified in the City's
2008 Transportation System Plan (TSP) as a high priority Tier 1, Short-term project (Project No.
202) which is scheduled for funding and construction; and
WHEREAS, the completion of the Twin Creeks/Highway 99 at -grade railroad crossing is critical
to subsequent completion of the Twin Creeks master plan and general economic development in
the City of Central Point; and
WHEREAS, the City Council of the City of Central Point deems that the necessity, convenience
and the general welfare of the public will benefit by this agreement;
NOW, THEREFORE, THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS, to
approve the Second Amendment to Road Easement Agreement (No. CORP 080625) in the
manner stated in said agreement which is Exhibit "A".
BE IT FURTHER RESOLVED that the City Council directs the City Manager to consummate
the agreement (Exhibit "A") following the adoption of this resolution.
PASSED by the City Council and signed by me in authentication of its passage this day
of 12015.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
City Council Resolution No. (7/16/2015)
CAPO71615 Page 54
Exhibit A
SECOND AMENDMENT TO ROAD EASEMENT AGREEMENT
Agreement Number: CORP 080625
This agreement made as of this day 2015.
Between:
Central Oregon and Pacific Railroad, Inc.
(in this Agreement called "Railroad")
And
City of Central Point
(in this Agreement called "Grantee')
Whereas, Railroad and Grantee are parties (or successors thereof) to a certain Easement
Agreement (hereinafter "Original Agreement') dated June 241h, 2008 and an Amendment to said
Original Agreement (hereinafter "Amendment') dated August 10, 2011 in the respect of a
proposed at grade road crossing as described by Exhibit "A" of the Original Agreement.
And, whereas the parties have mutually agreed to modify the terms of the Original Agreement
and Amendment once more in the manner and to the extent hereafter set forth:
NOW THEREFORE THIS AGREEMENT WITNESSETH:
I. Section 4 of the Original Agreement and Amendment is amended in its entirety to read as
follows: The rights herein granted shall lapse and become void upon construction or
reconstruction of said highway by Grantee, its agents or assigns, except as otherwise
extended in writing by Railroad."
Section 10 of the Original Agreement is hereby amended to read, "Grantee and Railroad
acknowledge payment in full with execution of this amendment. This brings the total
cash outlay for the easement described in the Original Agreement to One Hundred
Twenty Five Thousand Dollars IS 125,000). This payment shall secure the right to this
easement until such time as construction of the Twin Creeks Crossing begins and no
further payment shall be required from Grantee to maintain the Easement granted
herein."
3. In all other respects the Easement Agreement is hereby ratified and confirmed.
In WITNESS WHEREOF, the parties hereto have executed this agreement as and of the day of
the year first written above.
Cin of Central Point Central Oregon & Pacific Railroad, Inc.
Print Nome and Title Tont D. Long -Vice President
Return to Agentla
CAP W 1615 Page 55
Business
Vietnam Veteran's
Letter
CAP071615 Page 56
STAFF REPORT
om—
CENTRAL
POINT
STAFF REPORT
July 16, 2015
Planning Department
lam Humphrey.AICP,
Community fJevelopment f]irector/
AGENDAITEM:
Consideration of a Letter from the City Manager Endorsing Viemam Veteran's Memorial Wall
STAFF SOURCE:
Tom Humphrey, Community Development Director
BACKGROUND:
The City has been approached by the Southern Oregon Veterans Benefit (SOVB) organization about
bringing an 80% replica of the Vietnam Veterans Memorial Wall to Central Point. Members of the group
made a presentation to the City Council earlier this year and a land use pre -application has actually been
submitted to the Community Development Department.
The success of this venture and the actual involvement of the City will be based upon the SOVB's ability
to raise funds for Memorial Wall construction and its associated infrastructure. The SOVB organization
has asked City staff to write a letter of endorsement for the project and its tentative location in Don Jones
Memorial Park.
ISSUES:
There are no real issues with writing a letter of support for this project to aid the organization with fund
raising, particularly if the Council thinks it's a good idea and has supponed other similar ventures in the
past (e.g. Fallen Heroes Memorial). The SOVB knows that they have to receive land use approval from
the City for a Conditional Use Permit and the SOVB has started this process. The application will be
considered by both the Parks Commission and by the Planning Commission this fall.
EXHIBITS/ATTACHMENTS:
Attachment "A" — Letter to Russ McBride from City Manager Chris Clayton dated July 17, 2015
ACTION:
Discuss the proposed letter and; 1) approve as written, 2) approve with revisions, or 3) elect not
to write a letter of endorsement.
RECOMMENDATION:
Approve the letter and direct staff to follow-up with SOVB
Return to Agenda
Page I of I
CAP W 1615 Page 57
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
July 17, 2015
Mr. Russ McBride
Southern Oregon Veterans Benefit
Post Office Box 1013
Medford, OR 97501
Dear Russ:
CENTRAL
POINT
Administration
Chris Clayton, City Manager
Deanna Casey, City Recorder
Sydnee Dreyer, City Attorney
I am writing this letter on behalf of the City to confirm the Council's support for
bringing a replica Vietnam Veterans Memorial Wall to Central Point. Your preliminary
conversations with City staff have identified Don Jones Memorial Park on Vilas Road as
the prospective site. As you know, this is also the location of the Fallen Heroes
Memorial and the site is next to the Historic Central Point Cemetery.
The City enthusiastically supported the concept, planning and establishment of the
Fallen Heroes Memorial a few years ago and we are happy to follow similar steps in
helping your organization develop and build the Vietnam Veterans Memorial Wall
here. Our staff has been directed to work collaboratively with you in moving your
project through the Planning Commission and the Parks Committee review process.
We view the addition of the Vietnam Veterans Memorial Wall as a significant
destination in Southern Oregon and a'place of healing' for service members, their
families and friends who were affected by the Vietnam War. We agree with you that the
Central Point location will be more accessible to many veterans who are unable to travel
to Washington D.C. to view the original Memorial Wall.
The City welcomes the proposal of the Southern Oregon Veterans Benefit organization
and invites your planning application(s). We understand that the success of your
proposal is contingent upon your ability to gain public support and raise funds to
actually build the wall. The City will await the outcome of your efforts. In the
meantime we stand ready to assist you in whatever way we can.
Sincerely yours,
Chris Clayton
City Manager
Return to Agenda
CAP W 1615 Page 58
Business
Planning Commission
Report
CAP071615 Page 59
7
City of Central Point, Oregon AL
TRR
1411 S 3rd Street, Central Point, OR 975uz CENTRAL
541.664.3321 Fax 541.664.6384 POINT
www.centralpointoregon.gov
PLANNING DEPARTMENT MEMORANDUM
Date: July 16, 2015
To: Honorable Mayor & Central Point City Council
From: Tom Humphrey AICP, Community Development Director
Subject: Planning Commission Report
Community Development
Tom Humphrey, AICP
Community Development Director
The following items were presented by staff and discussed by the Planning Commission at a
meeting on July 7, 2015.
A. Consideration of a Preferred Route for Gebhard Road as Described in the
Gebhard Road Alignment Study. File No. UR 2014-0002. Applicant: Central Point
Development Commission. The Planning Commission considered the alignment study
and conducted a public hearing with affected parties and local residents. After
considerable discussion, the Commission unanimously recommended Option -C" (with
two roundabouts) to the City Council as the preferred route.
B. Consideration of a Transit Oriented Development (TOD) preliminary master plan
on 18.91 acres in the Eastside TOD District. The project site is located east of
Gebhard Road and north of Beebe Road, on property identified as 372W02 TLs
2700 and 2701. The project site is within the LMR -Low Mix Residential (2.69 ac)
and MMR -Medium Mix (16.22 ac) zoning districts, File No. 14004. Applicant:
People's Bank of Commerce; Agent: Tony Weller, CES/NW. The Commission
conducted a public hearing and took testimony from the proponent and various property
owners in the vicinity. Three major issues were discussed which included 1) the
Gebhard Road alignment, 2) Soil contamination in the proposed park site and 3)
shallow well impact and mitigation. The Commission felt that there were enough
unanswered questions to continue the hearing (with the applicant's concurrence) to
their September meeting.
C. Consideration of a Tentative Partition Plan to create three (3) parcels in the LMR -
Low Mix Residential and MMR -Medium Mix Residential zoning districts within
the Eastside TOD District on property identified as 372W02 TL 2700. File No.
14016. Applicant: People's Bank of Commerce; Agent: Tony Weller, CES/NW The
Planning Commission conducted a public hearing and took testimony from the
proponent and various property owners in the vicinity. Since this application was
associated with and dependent upon Master Plan approval, the Commission also
continued this application to their September meeting.
CAP W 1615 Page 60
D. Consideration of Various Amendments to the Zoning Ordinance as on-going
maintenance of the Municipal Code and to ensure clear standards and efficient
development. File No. 15016. Applicant: City of Central Point. The Commission
was presented with eleven minor amendments which are administrative in nature and
necessary for clear, concise and consistent use of the Zoning Ordinance. The
Commission unanimously recommended in favor of the changes and directed staff to
proceed. The changes will be reviewed with the City Attorney prior to bringing them to
the City Council in August.
Interchange Area Management Plan (IAMP) for I-5 Exit 33 and a Proposed Schedule for
IAMP 33 Adoption and Corresponding Transportation System Plan (TSP) Amendment
were discussed with the Planning Commission who will expect to consider this at their meeting
in August.
Return to Agentla
CAP W 1615 Page 61
Business
Jackson County
Justice Court
Agreement for
Police Substation
CAP071615 Page 62
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.centra l pointoregon.gov
STAFF REPORT
July 16", 2015
AGENDA ITEM: Business Item/Possible Action —Council briefing and discussion related to
the construction of a new Jackson County Justice Court (4173 Hamrick Road), including the
possibility of a Central Point Police Department sub -station.
STAFFSOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
The city was notified by Jackson County in early July that bids for the proposed Jackson County
Justice Court (4173 Hamrick Road) had been received and, by a wide margin, the submitted bids
had exceeded preliminary cost estimates. Although estimates generated during the design process
suggested a total project cost of S 1.5 million, the lowest responsible bid received was 52.5 million
(includinga 10% contingency).
With the northeastern portion of the city being targeted for future commercial and residential
growth, an established police sub -station facility in this portion of the community is strategically
desirable when anticipating future public safety needs. The city and county have agreed that a
police sub -station located within the new county court facility would be mutually advantageous.
However, with the significantly increased building costs, the county has proposed a commensurate
increase in lease costs associated with the sub -station.
FISCAL IMPACT:
Earlier project estimates were that the City of Central Point would enter a lease agreement with the
following requirements:
I. Annual lease payment of $7,000 ($1.95 per square foot/month).
2. 10 -year lease agreement.
The recent cost increases produced by the bid opening would alter the lease requirements as
follows:
I. Annual lease payment of $9,734 ($2.72 per square foot/month).
2. 15 -year lease agreement.
ATTACHMENTS:
1. Standard Jackson County facility lease agreement. Note: a police sub station specific lease
agreement is currently under review (by both jurisdictions) and will be provided at the July
16°i City Council meeting.
CAP071615 Page 63
RECOMMENDATION:
I. Council briefing/overview of proposed Jackson County Justice Court lease agreement and
related City of Central Point Police sub -station.
2. Motion directing the City Manager regarding lease agreement execution.
PUBLIC HEARING REQUIRED:
No
CAPO71615 Page 64
Return to Agentla
COMMERCIAL LEASE
THIS COMMERCIAL LEASE ("Lease") is between the County of Jackson, a home -rule
political subdivision of the State of Oregon, hereinafter referred to as "COUNTY," and
the City of Central Point, Oregon, hereinafter referred to as "LESSEE."
RECITALS
WHEREAS, COUNTY is the owner of certain unimproved real property (Map and
Taxlot 372W01C — 3300) commonly known as 4173 Hamrick Road, Central Point,
Oregon (the "Property"), on which COUNTY will be constructing improvements for a
new Justice Court Building (collectively the "Justice Building"); and
WHEREAS, LESSEE desires to lease certain space in the Building, on the terms and
conditions set out in this Lease.
NOW THEREFORE, the parties, intending to be legally bound by the terms of this
Lease, agree as follows:
AGREEMENT
SECTION 1 - LEASED PREMISES:
1.1 -Agreement to Lease and Description.
COUNTY leases to LESSEE and LESSEE leases from COUNTY rooms
totaling square feet in the Justice Building to be built on the Property by
COUNTY (the "Lease Space") as listed and described in Exhibit "A', attached hereto
and by reference made a part thereof, together with all improvements existing or to be
built in the Lease Space by COUNTY (collectively, "Improvements"). The Lease
Space, together with all Improvements located thereon, is referred to herein as the
"Premises". The parties understand and agree that the COUNTY will only be
constructing the extra square feet Lease Space as part of the Justice Building
due to LESSEE's agreement to lease such area under the terms and conditions of this
Lease.
1.2 - Reservations to COUNTY.
COUNTY reserves the right to install, lay, construct, maintain, repair, and
operate such water, sewer, and gas lines; telephone and computer power lines; and
the appliances and appurtenances necessary or convenient in connection therewith,
in, over, upon, through, across, under, and along the leased Premises or any part
thereof, and to enter the leased Premises for any and all such purposes. No right
reserved by COUNTY in this Section shall be so exercised as to interfere
unreasonably with LESSEE's operations hereunder.
CAP071615 Page 65
SECTION 2 - TERM
This Lease shall be binding upon the parties upon full execution ("Effective
Date"). The term of this Lease shall commence on the Effective Date and shall
continue through , 2025 ("Lease Term"), unless this Lease is sooner
terminated under the provisions of this Lease ("Expiration Date").
SECTION 3 - RENTALS AND FEES:
For the privileges granted hereunder, LESSEE shall pay the following rentals
and fees:
3.1 -Ground Area.
The initial rent per square foot per year is $ LESSEE agrees to pay rent
for the leased Premises in the sum of $ per year, payable in twelve (12)
monthly payments of $ , to be paid monthly by the first day of each month,
without notice, so long as tenancy continues. Payments shall be made to: Jackson
County, 10 S. Oakdale, Room 214, Medford, Oregon 97501.
All costs of, or charges for, utility (gas, water, electric, sewer and garbage)
services furnished to LESSEE during the term hereof shall be included in the rent paid
by LESSEE. LESSEE shall provide, at its own cost and expense, all telephone,
internet and other services to maintain and operate the leased Premises.
3.2 - Periodic Adjustment.
The initial rent specified in Section 3.1 in this Lease shall be subject to
automatic annual adjustments on March 1" of every year, beginning March 1s`, 2016,
and continuing each year thereafter. Said annual increases shall be based on the
total percentage increase of the Consumer Price Index, All Urban Consumers (CPI -U),
for the United States, published by the Bureau of Labor Statistics of the United States
Department of Labor for the calendar year ending on December 31st of the previous
year. In the event there is a negative percentage change in the CPI -U during the
previous calendar year, the base rentals and fees will not be adjusted.
In the event that the Consumer Price Index is not issued or published for the
period for which base rent and fees are to be adjusted and computed hereunder,
and/or in the event that the Bureau of Labor Statistics of the United States Department
of Labor should cease to publish said index figures, then any similar index published
by any other branch or department of the United States Government shall be used and
if none is so published, then another index generally recognized and authoritative shall
be substituted by COUNTY.
3.3 - Proration
CAP071615 Page 66
For any period of less than one (1) calendar month that this Lease shall be in
effect, said rentals and fees shall be calculated on a pro rata basis. All payments
herein shall be in lawful money of the United States of America.
3.4 - Security Deposit.
A security deposit in the sum of $ shall be provided to COUNTY by
LESSEE.
A. Purposes:
The security deposit shall serve as security for the
liquidated damages set forth in Section 9.2 of this
Agreement if LESSEE terminates the lease prior to the end
of the initial term; and
2. Regardless of the form in which LESSEE elects to make
said security deposit as set forth below, all or a portion of
the principal sum shall be available unconditionally to
COUNTY for correcting any default or breach of this Lease
by LESSEE, its successors or assigns, or for payment of
expenses incurred by COUNTY as a result of the failure of
LESSEE, its successors or assigns, to faithfully perform all
terms, covenants and conditions of this Lease.
B. Form of Security Deposit: The security deposit shall take one of
the forms set out below and shall guarantee LESSEE"s full and
faithful performance of all the terms, covenants, and conditions of
this Lease:
A certified or cashier's check payable to Jackson County.
2. An instrument or instruments of credit from one or more
financial institutions, subject to regulation by the state or
federal government, pledging that funds necessary to
secure performance of the Lease terms, covenants, and
conditions are on deposit and guaranteed for payment, and
agreeing that said funds shall be trust funds securing
LESSEE's performance and that all or any part shall be
paid to COUNTY, or order upon demand by COUNTY.
Both the financial institution(s) and the form of the
instrument(s) must be approved by COUNTY.
3. A Faithful Performance Bond executed by a surety
company, and issued in a form, reasonably approved by
CAPO71615 Page 67
COUNTY. Under the bond, the surety company shall
guarantee to COUNTY full and complete performance of all
the terms, conditions and covenants herein to be
performed on the part of LESSEE, including the payment of
rents, fees, late charges, as well as any and all other
payments. Said bond shall be maintained at the cost of
LESSEE throughout the existence of this Lease or as
earlier refunded as described below. Said surety shall give
COUNTY at least thirty (30) days prior written notice of
cancellation or material change in said bond. Such
cancellation or material change without COUNTY's prior
written consent shall constitute a default under this Lease.
Whether LESSEE elects to provide an instrument of credit or a
faithful performance bond to fulfill the security deposit
requirements of this Lease, said bond, or instrument shall have
the effect of releasing the depository or creditor therein from
liability to LESSEE on account of the payment of any or all of the
principal sum to COUNTY, or order upon demand by COUNTY.
Adjustments to the Security Deposit:
COUNTY reserves the right to adjust the amount of the
security deposit to reflect changes in operations or
changes in rentals and fees established by COUNTY.
Within thirty (30) days after notification of any change in
required security deposit amount from COUNTY, LESSEE
shall submit to COUNTY any additional security deposit as
may be required.
Should LESSEE terminate this Agreement prior to the end
of the initial term pursuant to Section 9.2 of this Agreement
or fail to pay to COUNTY or any other rentals and fees
established by COUNTY, COUNTY shall have the right to
withdraw any or all of the security deposit to cover those
overdue and unpaid rents and fees as provided herein.
If COUNTY is required to withdraw any or all of the security
deposit, for any reason other than termination of this
Agreement during the initial term pursuant to Section 9.2,
LESSEE shall, within ten (10) days of any such withdrawal
by COUNTY, replenish the security deposit to maintain it at
amounts as herein required.
CAP W 1615 Page 68
At the end of each 12 months, LESSEE may withdraw or
decrease (depending on the form of security given) the
security deposit by the amount of rent paid pursuant to
Section 3 to COUNTY in the previous 12 months; however,
in no event shall the security deposit ever be decreased to
less than $ during the term of this Lease.
3.5 - Late Charge.
All rentals and fees as specified in the section in this Lease entitled, "RENTALS
AND FEES" not paid by LESSEE when due shall bear a delinquency charge at the
rate (The "delinquency rate") established by COUNTY's then current ordinance, from
the date such rentals and fees are due until they are paid in full. The delinquency rate
is subject to periodic change by COUNTY. Imposition of a delinquency charge shall
not constitute a waiver of any other right of action available to COUNTY in the event of
default in payment of rentals and fees.
3.6 -Acceptance of Rentals and Fees.
COUNTY's acceptance of a late or partial payment of rents and/fees and/or late
charges shall not constitute a waiver of any Event of Default nor shall it prevent
COUNTY from exercising any of its other rights and remedies granted to COUNTY
under this Lease or by law. It is hereby agreed that any endorsements or statements
on checks of waiver, compromise, payment in full or any other similar restrictive
endorsement shall have no legal effect. LESSEE shall remain in violation of this
Lease and shall remain obligated to pay all rents, fees, and other charges due even if
COUNTY has accepted a partial or late payment of rents, fees, or other charges.
4.1 -Operation of Municipal Services.
LESSEE's use of the leased Premises shall be limited for the purpose of
providing municipal and related services for the City of Central Point, Oregon.
LESSEE shall not permit any other use to be made of the leased Premises.
In connection with the use of the premises, LESSEE shall:
A. Conform to all applicable laws and regulations of any public
authority affecting the leased Premises and its use and correct at
LESSEE's own expense, any failure of compliance created through
LESSEE's failure or by reason of LESSEE's use.
B. Refrain from any activity which would make it impossible to insure
the leased Premises against casualty, would increase the insurance
rate, or would prevent COUNTY from taking advantage of any ruling of
the Oregon Insurance Rating Bureau or its successor, allowing COUNTY
CAPO71615 Page 69
to obtain reduced premium rates for long-term fire insurance policies,
unless LESSEE pays the additional cost of the insurance and COUNTY
agrees in writing to the same.
C. Refrain from any use which would be reasonably offensive to
neighboring tenants in the Justice Building or which would tend to create
a nuisance or damage the reputation of the leased Premises.
D. LESSEE agrees not to use the leased Premises for any
unauthorized purpose nor to engage in or permit any unauthorized
activity within or from the leased Premises. LESSEE agrees not to
conduct or permit to be conducted any public or private nuisance in, on
or from the leased Premises, or to commit or permit to be committed any
waste within the leased Premises.
4.2 — Common Area Facilities.
LESSEE may use, in common with other tenants authorized to do so, the
common area facilities and improvements in the Justice Building consisting of the
restrooms and outside parking area on a first come basis.
4.3 - Signs.
LESSEE shall not erect, install, nor permit upon the leased Premises any sign
or other advertising device without first having obtained COUNTY's written consent
and the sign must meet regulatory requirements of city and any other entities with
jurisdiction. LESSEE, at LESSEE's expense, shall remove all signs and sign
hardware upon expiration or earlier termination of this Lease and restore the sign
location to its former state, unless COUNTY elects to retain all or any portion of the
signage.
4.4 - Restrictions on Use.
A. LESSEE's activities on, or use or possession of, the leased
Premises must comply with all applicable laws, ordinances, codes, rules
and regulations of state, federal, city, or other public government
authority or agency, and any rules and regulations adopted in writing by
Jackson County ("County's Rules"), as they may be amended from time
to time. Current copies of the County's Rules, if any, may be obtained
during normal office hours from the office of the Jackson County
Administrator, 10 S. Oakdale Avenue, Room 214, Medford, Oregon
97501. LESSEE shall promptly provide COUNTY with copies of all
communications from any government entity which relate to LESSEE's
noncompliance or alleged noncompliance with any law, regulation or
other governmental requirement relating to its operations on the leased
Premises. LESSEE shall correct, at LESSEE's own expense, any failure
of compliance created through LESSEE's use.
CAP W 1515 Page 70
B. Hazardous Substance. "Hazardous Substance' shall be
interpreted in the broadest sense to include any and all substances,
emissions, pollutants, materials, or products defined or designated as
hazardous, toxic, radioactive, dangerous or regulated wastes or
materials or any other similar term in or under any Environmental Law.
"Hazardous Substance" shall also include, but not be limited to, fuels,
petroleum and petroleum -derived products.
LESSEE shall not cause or permit any Hazardous Substance to be
spilled, leaked, disposed of, or otherwise released on the leased
Premises. LESSEE may use or otherwise handle on the leased
Premises only those Hazardous Substances typically used or sold in the
prudent and safe operation of the business specified in this Lease.
LESSEE may store such Hazardous Substances on the leased Premises
only in quantities necessary to satisfy LESSEE's reasonably anticipated
needs. LESSEE shall comply with all environmental laws, including
federal, state or local statutes, regulations or ordinances, and shall
exercise the highest degree of care in the use, handling, and storage of
Hazardous Substances. LESSEE shall take all practicable measures to
minimize the quantity and toxicity of Hazardous Substances used,
handled, or stored on the leased Premises. Upon the expiration or
termination of this Lease, LESSEE shall remove all Hazardous
Substances from the leased Premises. LESSEE shall indemnify
COUNTY per Section 7.3.
C. LESSEE may not use the leased Premises for any purpose other
than the reasonable and customary use as a pharmacy. In the event
LESSEE uses or permits the leased Premises to be used in any manner
other than as expressly permitted under this Lease, LESSEE will be in
breach of this Lease and subject to the default and cure provisions of
Section 9 of this Lease.
D. Conduct of Business. At all times during this Lease, LESSEE
shall be registered, and in good standing, to do business in Oregon.
LESSEE shall continuously carry on the permitted uses at the leased
Premises at all times after the Effective Date of this Lease. LESSEE
agrees to notify COUNTY of any closure or cessation in operations
expected to last more than one (1) weeks and shall in no event cease
carrying on the Permitted Uses for any period longer than two (2) weeks
without COUNTY's prior written consent.
4.6 - Exclusive Use.
CAP071615 Page 71
LESSEE shall have the right to restrict use of the leased Premises to its
employees.
SECTION 5 - OBLIGATIONS OF LESSEE:
5.1 - Net Lease.
LESSEE, at its sole expense, shall be responsible for the costs of maintenance,
repair, and operation of the leased Premises, including all Improvements thereon,
which is above and beyond normal maintenance and repair ("extraordinary
maintenance and repair"). COUNTY will be responsible for general maintenance,
repair, and operation of the leased Premises and will provide janitorial services.
However, COUNTY will not be responsible for the cost of any extraordinary
maintenance, repair and operation of the leased Premises.
5.2 - Condition of Premises.
LESSEE will accept the leased Premises upon issuance of a Certificate of
Occupancy in its then present condition, subject to and including all defects latent and
patent and LESSEE, without expense to COUNTY, shall repair and maintain all
Improvements and facilities thereon in accordance with Section 5.4.
5.3 - Internet Services.
LESSEE shall provide, at its own cost and expense, all internet services to
maintain and operate the leased Premises.
5.4 - Maintenance and Repairs.
LESSEE shall, at LESSEE's expense, and to the satisfaction of the COUNTY,
keep and maintain the leased Premises and all Improvements of any kind which may
be erected, installed, or made thereon in good condition and in substantial repair. It
shall be LESSEE's responsibility to take all steps necessary or appropriate to maintain
such a standard of condition and repair. LESSEE shall notify COUNTY immediately
when the leased Premises are in need of general maintenance and repair.
LESSEE expressly agrees to maintain the leased Premises in a safe, clean,
wholesome, sanitary condition, to the reasonable satisfaction of COUNTY's Facility
Maintenance Superintendent and in compliance with all applicable laws. LESSEE
further agrees to use the containers provided by COUNTY for trash and garbage and
to keep the leased Premises free and clear of rubbish and litter. COUNTY shall have
the right to enter upon and inspect the leased Premises at any time for cleanliness and
safety.
LESSEE shall designate in writing to the COUNTY an on-site representative
who shall be responsible for the day-to-day operation and level of maintenance,
cleanliness, and general order.
s
CAPO71615 P,g 72
5.5 -Alterations and/or Construction.
LESSEE shall not perform any alterations and/or construction upon the leased
Premises nor shall LESSEE modify, alter or remove any permanent capital
improvements lying within the leased Premises without prior written approval of
COUNTY. No structures, capital improvements, or facilities shall be constructed,
erected, altered, removed or made within the leased Premises without prior written
consent of COUNTY which consent may be withheld or conditioned in COUNTY's
absolute discretion. Any conditions relating to the manner, method, design and
construction of said structures, improvements, or facilities fixed by the COUNTY in
COUNTY's good faith discretion, as a condition to granting such consent shall be
conditions hereof as though originally stated herein. COUNTY may at any time stop
work that creates a hazardous condition or is unsafe. LESSEE agrees to hold
COUNTY harmless for any damages resulting from such interruption of work.
LESSEE may, at any time and at its sole expense, install and place business fixtures
and equipment within the leased Premises.
5.6 -Trash, Garbage, and Refuse.
COUNTY shall provide or cause to be provided a complete and proper
arrangement for the adequate and sanitary handling and disposal of all trash, garbage
and other refuse caused as a result of LESSEE's operations conducted on the leased
Premises. COUNTY shall provide and LESSEE shall use suitable covered
receptacles for all such garbage, trash and other refuse. Piling of boxes, cartons, or
other similar items, in an unsightly or unsafe manner, on or about the leased
Premises, shall not be permitted.
5.7 - Removal and Demolition.
LESSEE shall not remove or demolish, in whole or in part, any improvements
upon the leased Premises without the prior written consent of COUNTY which may, at
its discretion, condition such consent upon the obligation of LESSEE to replace the
same by an improvement specified in such consent.
5.8 - Taxes.
LESSEE agrees to pay all lawful taxes and assessments which may, during the
term hereof or any extension as provided for herein, become a lien or which may be
levied by any tax levying body, upon the leased Premises or upon any taxable interest
by LESSEE acquired in this Lease, or any taxable possessory right which LESSEE
may have on the Premises or facilities hereby leased by reason of its occupancy
thereof, or otherwise, as well as all taxes on taxable property, real or personal, leased
or owned by LESSEE in or on said Premises. Upon any termination of tenancy, all
taxes then levied, or a lien on any of said property or taxable interest therein, shall be
paid in full, without proration by LESSEE, forthwith, or as soon as a statement thereof
has been issued by the tax collector, if the termination occurs during the interval
between attachment of the lien and issuance of statement.
CAPO71615 P,g 73
5.9 - Fire Extinguishers.
It is understood and agreed that COUNTY will, at its own expense, install and
maintain fire extinguishers in and about the leased Premises. Said fire extinguishers
shall be of a kind, and kept in such locations, as directed by the City Fire Marshall and
shall be of sufficient number and capacity as to, in the opinion of the City Fire
Marshall, adequately safeguard the leased Premises and improvements against fire
hazards.
5.10 - Building Security Access.
LESSEE's access to the leased Premises affords access into other restricted
areas of the Justice Building LESSEE shall take whatever steps are necessary to
prevent persons from unauthorized access to the leased Premises or through any
entryway controlled by LESSEE.
LESSEE shall be responsible for the security of that portion of the Justice
Building allowing LESSEE access to the leased Premises. Entry points used by
LESSEE in the Justice Building permitting entry to the leased Premises, other than
those entry points open during business hours for the general public, shall be secured
and locked at all times.
LESSEE shall exercise control over any person, including employees, on the
leased Premises, whether badged or escorted by LESSEE in the leased Premises.
LESSEE shall ensure persons comply with all COUNTY security regulations.
LESSEE shall work with COUNTY to ensure that all of LESSEE's employees
that will be working in the leased Premises have received the proper COUNTY
security badges for access into the leased Premises and common area facilities.
LESSEE shall be solely responsible for the cost to replace lost or stolen employee
security badges. Further, LESSEE shall immediately inform the COUNTY Health and
Human Services Director when an employee of LESSEE has lost or had stolen the
security badge issued to that employee.
5.11 - Required Verifications.
At such time that the Certificate of Occupancy is issued allowing LESSEE to
move into the leased Premises, LESSEE will have in place and will provide COUNTY
with all, but not limited to, applicable permits, bonds, security deposits, certificates of
insurance, and worker's compensation, without exception.
SECTION 6 -SERVICES TO BE PROVIDED BY LESSEE:
6.1 -Type of Operation.
A. LESSEE shall conduct municipal and related services for the City
of Central Point, Oregon, from the leased Premises.
10
CAP W 1615 Page 74
B. LESSEE shall furnish good, prompt and efficient service adequate
to meet all the demands for its service at the leased Premises on a fair,
equal and non-discriminatory basis to all users thereof.
6.2 - Non -exclusivity.
LESSEE understands and agrees that nothing herein contained shall be
construed to grant or authorize the granting of an exclusive right to deliver services in
the Justice Building
SECTION 7 - INDEMNIFICATION:
7.1 - LESSEE Independent Contractor.
For all purposes hereunder, LESSEE is and shall be deemed an independent
contractor, and it is mutually agreed that nothing contained herein shall be deemed or
construed to constitute a partnership or joint venture between the parties hereto. It is
understood and agreed that LESSEE is not an agent or employee of COUNTY with
respect to its acts or omissions hereunder.
7.2 - General Indemnity.
To the extent permitted by Article 11, Section 10 of the Oregon Constitution and
subject to the limits of the Oregon Tort Claims Act as applied to COUNTY, LESSEE
shall defend, save, hold harmless, and indemnify COUNTY, and its elected officials,
officers, employees, agents, volunteers, and members from all claims, suits, or actions
of whatever nature whether actual, threatened, or alleged including but not limited to
personal injury, death, property damage and incidental and consequential damages,
resulting from or arising out of the activities of LESSEE or its elected officials, officers,
employees, agents, volunteers, guests, or customers arising out of or in connection
with this Agreement, including the use of the HHS building and its facilities.
To the extent permitted by Article 11, Section 10 of the Oregon Constitution and
subject to the limits of the Oregon Tort Claims Act as applied to LESSEE, COUNTY
shall defend, save, hold harmless, and indemnify LESSEE, and its elected officials,
officers, employees, agents, volunteers, and members from all claims, suits, or actions
of whatever nature whether actual, threatened, or alleged including but not limited to
personal injury, death, property damage and incidental and consequential damages,
resulting from or arising out of the activities of COUNTY or its elected officials, officers,
employees, agents, volunteers, guests, or customers arising out of or in connection
with this Agreement.
7.3 - Environmental Indemnity.
Without in any way limiting the generality of Section 7.2, LESSEE shall be
solely responsible for and agrees to defend (using legal counsel acceptable to
COUNTY), indemnify and hold harmless COUNTY from and against all Environmental
Costs claimed against or assessed against COUNTY or incurred by COUNTY arising,
11
CAP071615 Page 75
in whole or in part, directly or indirectly, from acts or omissions of any person or entity
at or about the leased Premises after the Effective Date of this Lease, or earlier if
caused by LESSEE or LESSEE's agents or invitees. This indemnification shall require
LESSEE to reimburse COUNTY for any diminution in value of the leased Premises, or
other adjacent or nearby COUNTY property, caused by Hazardous Substances,
including damages for loss of or restriction on use of rentable or usable property or of
any amenity of the leased Premises or any other COUNTY property, including
damages arising from any adverse impact on marketing of property in or near the
leased Premises, including other COUNTY property. LESSEE's obligations shall not
apply if the Hazardous Substances were deposited on the leased Premises by
COUNTY. LESSEE shall be solely responsible to assure that no person brings any
Hazardous Substance onto the leased Premises, except as permitted by this Lease.
Notwithstanding the foregoing, LESSEE shall not indemnify COUNTY for any actions
of the COUNTY or the COUNTY's employees, agents or contractors that cause
environmental damage or a violation of any Environmental Law on, about or affecting
the leased Premises.
:9XN1Is] `[:MIZ6Y17cL1Z[Ny
LESSEE, at its own cost and expense, shall secure and maintain the following
policies of insurance or substantially equivalent programs of self-insurance:
8.1 -Insurance.
LESSEE shall obtain and maintain, and cause COUNTY, its agents,
employees, officers, boards and commissions to be named as additional insured on
policies or insurance for liability and property damage to protect the COUNTY against
the hazards that may be created in the performance of services authorized by this
Lease.
A. General Liability subject to the combined single limits of
$3,000,000 per occurrence.
B. Automobile Liability subject to the combined single limits per
occurrence of $1,000,000.
C. Property Insurance on a replacement cost basis covering Special
Form Perils.
The initial insurance rates are set forth in this section but may be adjusted
periodically by order of the Jackson County Board of Commissioners as determined by
its then current county insurance carrier requirements, based upon industry -standard
liability adjustments. The adjustment decision shall be reasonable and shall not be
arbitrary or capricious.
12
CAP W 1615 Page 76
8.2 -Certificate of Insurance.
A. Upon issuance of a Certificate of Occupancy allowing LESSEE to
move into the leased Premises, a certificate evidencing such insurance
coverage shall be filed with COUNTY upon execution of this Lease, and
such certificate shall provide that such insurance coverage will not be
canceled or reduced without at least thirty (30) days prior written notice
to COUNTY. At least ten (10) days prior to the expiration of any such
policy, a certificate showing that such insurance coverage has been
renewed shall be filed with COUNTY. If such insurance coverage is
canceled or reduced, LESSEE shall, within fifteen (15) days after receipt
of written notice from COUNTY of such cancellation or reduction in
coverage, file with COUNTY a certificate showing that the required
insurance has been reinstated or provided through an insurance
company or companies.
B. In the event that LESSEE shall at any time fail to furnish COUNTY
with the certificate or certificates required, COUNTY, upon written notice
to LESSEE of its intention to do so, shall have the right to secure the
required insurance, at the cost and expense of LESSEE, and LESSEE
agrees to reimburse COUNTY promptly for the cost thereof and ten
percent (10%) for cost of administration.
8.3 - Proceeds From Property Insurance.
The proceeds from property insurance for other than personal property shall be
held in a special account which requires joint execution by COUNTY and LESSEE for
release of such funds and shall be used only to rebuild improvements on the leased
Premises.
8.4 -Worker's Compensation and Social Security.
LESSEE shall, upon request, furnish to COUNTY, adequate evidence of
provisions for Workers' Compensation Insurance, Social Security, and Unemployment
Compensation, to the extent such provisions are applicable to LESSEE's operations
hereunder.
SECTION 9 - TERMINATION:
9.1 - Expiration.
This Lease shall expire at the end of the full term hereof, unless sooner
terminated as provided hereinafter, and LESSEE shall have no further rights, interests,
or privileges hereby granted by this Lease.
9.2 -Termination Without Cause.
13
CAP W 1615 Page 77
Either party may terminate this Lease without cause by giving 120 days'
advance written notice to the other party. In the event LESSEE terminates this Lease
without cause prior to the end of the Lease Term, LESSEE shall owe COUNTY the
total of the remaining rental payments, including CPI adjustments, if any, that would
have been payable by LESSEE to COUNTY for the remaining Lease Term as if
LESSEE had not terminated this Lease without cause. LESSEE shall pay to COUNTY
in a lump sum the remaining rental payments, including CPI adjustments, if any, at the
same time that LESSEE gives COUNTY the 120 days' advance written notice.
9.3 - Cancellation by LESSEE for Cause.
A. This Lease shall be subject to cancellation by LESSEE after the
default by COUNTY in the performance of any covenant or agreement
herein required to be performed by COUNTY, and the failure of
COUNTY to remedy such default for a period of thirty (30) days after
receipt from LESSEE of written notice to remedy the same;
B. LESSEE may exercise such right of termination by written notice
to COUNTY at any time after the lapse of the applicable periods of time,
and this Lease shall terminate as of that date. Rentals and fees due
hereunder shall be payable only to the date of said termination.
9.4 - Cancellation by COUNTY for Cause.
A. Subject to the provisions of Section 9.1, this Lease shall be
subject to cancellation by COUNTY in the event LESSEE shall:
1. Default in the payment to COUNTY of the whole or any
part of the amounts agreed upon hereunder if such default
continues for a period of thirty (30) days after receipt of written
notice from COUNTY of said default; or
2. Make a general assignment for the benefit of creditors; or
3. File a voluntary petition in bankruptcy; or
4. Abandon the leased Premises; or
5. Default in the performance of any of the covenants and
conditions required herein (except rental payments) to be kept
and performed by LESSEE, and such default continues for a
period of thirty (30) days after receipt of written notice from
COUNTY of said default. If the nature of the default is such that it
cannot be cured within thirty (30) days, LESSEE shall be deemed
to have cured such default if it, or its nominee, shall, within such
14
CAP W 1615 Page 78
thirty (30) day period, commence performance and thereafter
diligently prosecute the same to completion.
B. In the event COUNTY terminates this Lease with cause prior to
the end of the Lease Term pursuant to subsection A above and
LESSEE is unable to cure such default, LESSEE shall owe
COUNTY the total of the remaining rental payments, including
CPI adjustments, if any, that would have been payable by
LESSEE to COUNTY for the remaining Lease Term. LESSEE
shall pay to COUNTY in a lump sum the remaining rental
payments for the Lease Term, including CPI adjustments, if any,
on the date set for termination of this Lease set forth in
COUNTY's written notice of default to LESSEE.
C. It is agreed that failure to declare this Lease terminated upon the
default of LESSEE for any of the reasons set forth above shall not
operate to bar or destroy the right of COUNTY to declare this
Lease terminated by reason of any subsequent violation of the
terms of this Lease.
SECTION 10 -ASSIGNMENT AND SUBLEASING:
10.1 — No Right to Sublease.
LESSEE shall not sublet all or any part of the leased Premises or the
improvements on the Premises.
10.2 - Assignment.
LESSEE shall not assign, sublet, convey or transfer its contractual obligations
under this Lease to another party and shall not permit its interest in this Lease to be
vested in any third party by operation of law or otherwise without the prior written
consent of COUNTY, which consent shall not be unreasonably withheld, conditioned
or delayed.
SECTION 11 -TITLE TO IMPROVEMENTS:
Title to all structures, installations, or improvements placed on the leased
Premises by LESSEE shall vest in the COUNTY at the termination of this Lease.
11.1- Quitclaim of LESSEE's Interest Upon Termination.
Upon termination of this Lease for any reason, including but not limited to
termination, because of default by LESSEE, LESSEE shall execute, acknowledge,
and deliver to COUNTY, within thirty (30) days after receipt of written demand therefor,
a good and sufficient deed whereby all right, title and interest of LESSEE in the leased
Premises is quit claimed to COUNTY. Should LESSEE fail or refuse to deliver the
1s
CAP W 1615 Page 79
required deed to COUNTY, COUNTY may prepare and record a notice reciting the
failure of LESSEE to execute, acknowledge, and deliver such deed and said notice
shall be conclusive evidence of the termination of this Lease and of all right of
LESSEE or those claiming under LESSEE in and to the leased Premises.
11.2 - COUNTY's Right to Re -Enter Leased Premises.
LESSEE agrees to yield and peaceably deliver possession of the leased
Premises to COUNTY on the date of termination of this Lease, whatsoever the reason
for such termination.
Upon giving written notice of termination to LESSEE, COUNTY shall have the
right to re-enter and take possession of the leased Premises on the date such
termination becomes effective without further notice of any kind and without institution
of summary or regular legal proceedings. Termination of this Lease and re-entry of the
leased Premises by COUNTY shall in no way alter or diminish any obligation of
LESSEE under the lease terms and shall not constitute an acceptance or surrender.
LESSEE waives any and all right of redemption under any existing or future law
or statute in the event of eviction from or dispossession of the leased Premises for any
lawful reason or in the event COUNTY re-enters and takes possession of the leased
Premises in a lawful manner.
AXN1IGRfPANU_1k4ISH16V Kelm UJN:ZG1,9=1 k4I=VI&
In the event of damage to or destruction of LESSEE -owned or constructed
improvements located within the leased Premises or in the event LESSEE -owned
facilities, or improvements located within the leased Premises are declared unsafe or
unfit for use or occupancy by a public entity with the authority to make and enforce
such declaration, LESSEE shall, within thirty (30) days, commence and diligently
pursue to completion the repair, replacement, or reconstruction of improvements to the
same size and floor area as they existed immediately prior to the event causing the
damage or destruction, as necessary to permit full use and occupancy of the leased
Premises. Repair, replacement, or reconstruction of improvements within the leased
Premises shall be accomplished in a manner and according to plans approved by
COUNTY. Except as otherwise provided herein, termination of this Lease shall not
reduce or nullify LESSEE's obligation under this paragraph.
SECTION 13 - INSPECTION OF PREMISES:
COUNTY or its duly authorized agents or representatives, and other persons
for it, may enter upon the leased Premises at reasonable times during normal
business hours during the term hereof for the purpose of determining whether or not
LESSEE is complying with the terms and conditions hereof, or for any other purpose
incidental to the rights of COUNTY.
16
CAP W 1515 Page 80
SECTION 14 - EVENTS BEYOND LESSEE'S CONTROL
Any prevention, delay, or stoppage of performance of LESSEE's obligations
hereunder due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor
or materials or reasonable substitutes therefore, governmental restrictions,
governmental controls, governmental regulations, enemy or hostile government action,
civil commotion, fire or other casualty, or any other causes beyond the reasonable
control of LESSEE, shall not be deemed to be a breach of this Lease or a violation or
failure to perform any covenants hereof, and LESSEE shall have a reasonable time
after cessation of any of such causes within which to render performance delayed
thereby.
SECTION 15 - COMPLIANCE AND ASSURANCES:
LESSEE shall comply with all federal, state and local laws and ordinances
applicable to this Lease and LESSEE's use of the leased Premises. Failure to comply
with such requirements shall constitute a breach of this Lease and shall be grounds for
Lease termination. Without limiting the generality of the foregoing, LESSEE expressly
agrees to comply with the following as applicable: i) Title VI and VII of Civil Rights Act
of 1964, as amended; ii) Section 503 and 504 of the Rehabilitation Act of 1973, as
amended; iii) the Health Insurance Portability and Accountability Act of 1996; iv) the
Americans with Disabilities Act of 1990, as amended; v) ORS Chapter 659A; as
amended; vi) all regulations and administrative rules established pursuant to the
foregoing laws; and vii) all other applicable requirements of federal and state civil
rights and rehabilitation statutes, rules and regulations. COUNTY"s performance
under this Lease is conditioned upon LESSEE„s compliance with the provisions of
ORS 27913.220, 279C.505, 279C.515, 27913.235, 2790520, 279C.530, 279A.125,
279A.140-150, and 27913.270-280, which are incorporated by reference herein.
15.1 -Compliance with Non -Discrimination.
A. LESSEE, for itself, its successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that:
1. No person on the grounds of race, color, or national origin
shall be excluded from participation in, denied the benefits of, or
be otherwise subjected to discrimination in the use of the leased
Premises.
2. In the construction of any improvements on, over, or under
the leased Premises and the furnishing of services thereon, no
person on the grounds of race, color, or national original shall be
excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination.
17
CAP071615 Page 81
B. In the event of breach of any of the above nondiscrimination
covenants, COUNTY shall have the right to terminate this Lease and to
reenter and repossess said leased Premises and hold the same as if
said Lease had never been made or issued. This provision does not
become effective until the procedures of 49 CFR Part 21 are followed
and completed, including expiration of appeal rights.
C. LESSEE shall furnish its accommodations and/or services on a
fair, equal and not unjustly discriminatory basis to all users thereof and it
shall charge fair, reasonable and not unjustly discriminatory prices for
each unit or service.
D. Noncompliance with Provision C above shall constitute a material
breach thereof and in the event of such noncompliance COUNTY shall
have the right to terminate this Lease and the estate hereby created
without liability therefore or at the election of COUNTY or the United
States either or both said governments shall have the right to judicially
enforce Provisions A, B, and C.
SECTION 16 - REDELIVERY OF PREMISES
LESSEE shall, upon termination of this Lease, quit and deliver up the leased
Premises to COUNTY peaceable, quietly, and in as good order and condition as the
same now are or may hereafter be improved by LESSEE or COUNTY, reasonable use
and wear thereof excepted. Upon termination of this Lease, the existing fuel tanks (if
any) will be required to meet the new requirements or be removed at a cost to the
LESSEE.
A=IQ 1Is] .fYa:Is] 1UI.MeA=IV
In the event LESSEE remains in possession of the leased Premises after the
expiration of this Lease without any written renewal thereof, such holding over shall
not be deemed as a renewal or extension of this Lease but shall create only a tenancy
from month-to-month which may be terminated at any time by COUNTY or LESSEE
with thirty (30) days written notice.
SECTION 18— EMINENT DOMAIN:
Nothing in this Lease shall limit, in anyway, the power and right of the COUNTY
to exercise its governmental rights and powers, including its powers of eminent
domain.
SECTION 19 -MISCELLANEOUS:
18
CAP W 1615 Page 82
This Lease has been made, and shall be construed, in accordance with the
laws of the State of Oregon. LESSEE and COUNTY agree that in any action or suit
filed in regard to enforcement of this Lease, the same shall be filed or brought in
Jackson County, Oregon.
19.1 - Successors.
This Lease shall bind and inure to the benefit of any successor of COUNTY and
any successor, assignee, or sublessee of LESSEE, subject to Section 10.
19.2 - Headings.
The section and subsection headings contained herein are for convenience in
reference and are not intended to define or limit the scope of any provision of this
Lease.
19.3 - Attorney's Fees.
In any action or arbitration brought by the other party under this Lease, the
prevailing party shall be entitled to recover interest, costs and reasonable attorney
fees, including those of in-house counsel, as set by the court or arbitrator, or if on
appeal, by the appellate court.
19.4 - Arbitration.
If any dispute arises between the parties, either party may request arbitration.
If a dispute arises concerning any topic, the parties may jointly select a neutral
arbitrator or either party may apply to the Jackson County Circuit Court for
appointment of a single arbitrator. The arbitration shall proceed according to ORS
Chapter 36 or its successor. The arbitration shall take place in Jackson County.
Judgment upon the award rendered by the arbitrator(s) may be entered in the Jackson
County Circuit Court. The prevailing party shall be entitled to recover its costs and
reasonable attorney fees incurred in arbitration. For the purposes of this section,
attorney fees may include the reasonable value of the services of staff counsel or in-
house counsel.
19.5- Time of the Essence.
Time is of the essence of each of LESSEE's obligations under this Lease.
19.6- Notice.
Any notice required or permitted under this Lease is deemed received three (3)
days after deposited in the United States mail, certified and postage paid, and
addressed to the address set forth below or to such other address as may be specified
from time to time by either of the parties in writing; or confirmed delivery date by
facsimile or overnight mail; or upon the date of personal delivery or service.
19
CAP W 1615 Page 83
COUNTY: Jackson County
ATTN: County Administrator
10 S. Oakdale, Room 214
Medford, OR 97501
Fax: 541-774-6705
LESSEE: City of Central Point, Oregon
Attention: City Manager
140 S. Third Street
Central Point, OR 97502
Fax: 541-664-6384
19.7 - Consent.
If approval or consent is required pursuant to the terms of this Lease, LESSEE
agrees that approval or consent is in the absolute discretion of COUNTY.
19.8 - Public Records.
Any and all written information submitted to and/or obtained by COUNTY from
LESSEE or any other person or entity having to do with or related to this Lease and/or
the leased Premises, either pursuant to this Lease or otherwise, at the option of
COUNTY, may be treated as a public record open to inspection by the public pursuant
to the Oregon Public Records Statutes as now in force or hereafter amended, or any
Act in substitution hereof, or otherwise made available to the public and LESSEE
hereby waives, for itself, its agents, employees, subtenants and any person claiming
by, through or under LESSEE, any right or claim that any such information is not a
public record or that the same is a trade secret or confidential information and hereby
agrees to indemnify and hold COUNTY harmless from any and all claims, demands,
liabilities and/or obligations arising out of or resulting from a claim by LESSEE or any
third party that such information is a trade secret, or confidential, or not subject to
inspection by the public, including without limitation reasonable attorney's fees and
costs.
19.9- Disposition of Abandoned Personal Property.
If LESSEE abandons or quits the leased Premises or is dispossessed thereof
by process of law or otherwise, title to any personal property belonging to LESSEE
and left on the leased Premises fifteen (15) days after such event shall be deemed to
have been transferred to COUNTY. COUNTY shall have the right to remove and to
dispose of such property without liability therefor to LESSEE or to any person claiming
under LESSEE, and shall have no need to account therefor.
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19.10 -Partial Invalidity.
If any term, covenant, condition, or provision of this Lease is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
19.11 - Non -Waiver of Rights.
The failure of COUNTY or LESSEE to insist upon strict performance of any of
the terms, covenants, or conditions of this Lease shall not be deemed a waiver of any
right or remedy that COUNTY or LESSEE may have, and shall not be deemed a
waiver of the right to require strict performance of all the terms, covenants, and
conditions of this Lease thereafter, nor a waiver of any remedy for the subsequent
breach or default of any term, covenant or condition of the Lease. Any waiver, in order
to be effective, must be signed by the party whose right or remedy is being waived.
19.12 - Brokers.
LESSEE and the COUNTY each represent to one another that they have not
dealt with any leasing agent or broker in connection with this Lease and each (for
purposes of this section only) agrees to indemnify and hold harmless the other from
and against all damages, costs and expenses (including attorney, accountant and
paralegal fees) arising in connection with any claim of an agent or broker.
19.13 - Recordation of Lease.
Either party may elect that a copy of this Lease or a memorandum thereof be
recorded in the deed of records of Jackson County, Oregon, and each party agrees to
execute and acknowledge a document suitable for recording. The requesting party
shall pay the cost of recording.
19.14 - Entire Agreement.
This Lease represents the entire agreement between COUNTY and LESSEE
relating to LESSEE's leasing of the leased Premises and shall supersede all previous
communications, representations, or agreements, whether verbal or written, between
the parties hereto with respect to such leasing. It is understood and agreed by
LESSEE that neither COUNTY nor COUNTY's agents or employees have made any
representations or promises with respect to this Lease or the making or entry into this
Lease, except as in this Lease expressly set forth, and that no claim or liability or
cause for termination shall be asserted by LESSEE against COUNTY for, and
COUNTY shall not be liable by reason of, the claimed breach of any representations
or promises not expressly stated in this Lease, any other oral agreement with
COUNTY being expressly waived by LESSEE.
Any modifications, changes, additions, or deletions to this Lease must be
approved by LESSEE and COUNTY in writing and attached and incorporated by
reference into this Lease.
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19.15 - Calculation of Time.
Unless referred to as Business Days, all periods of time referred to in this
Lease include Saturdays, Sundays, and Legal Holidays. However, if the last day of
any period falls on a Saturday, Sunday or legal holiday, then the period shall be
extended to include the next day which is not a Saturday, Sunday or Legal Holiday.
"Legal Holiday" shall mean any holiday observed by the Federal Government.
"Business Days" shall mean Monday through Friday and shall exclude Saturday,
Sunday and Legal Holidays.
19.16 - Lease Subject to Bonds and Ordinances.
This Lease shall be subject and subordinate to the bonds and ordinances which
create liens and encumbrances affecting the Land or the Premises. LESSEE agrees
that COUNTY may hereafter adopt bond ordinances which impose liens or
encumbrances on said land and COUNTY's interest in the leasehold, and LESSEE
shall, upon request by COUNTY, execute and deliver agreements of subordination
consistent therewith. Furthermore, in order to comply with the requirements of existing
County bond ordinances and any bond ordinances that may be enacted in the future,
LESSEE hereby makes an irrevocable commitment not to claim depreciation, cost
recovery, or an investment credit with respect to any of the leased land or to any
improvements constructed by COUNTY using COUNTY funds or County Bond
proceeds.
19.17 -Authority of LESSEE.
Because LESSEE is a corporation, the individual executing this Lease on
behalf of said corporation represents and warrants that he or she is duly authorized to
execute and deliver this Lease on behalf of said corporation, in accordance with the
by-laws of said corporation, and that this Lease is binding upon said corporation.
including, but not limited to, roadways and rights-of-way, sidewalks, parking areas,
driveways, landscaping, fencing, infrastructure and signs (collectively, "Improvements'
on the second floor of the Justice Building
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IN WITNESS WHEREOF, the parties or their duly authorized representatives have
signed this Lease the day and year written below.
CITY OF CENTRAL POINT: JACKSON COUNTY:
(Signature)
(Printed Name and Title)
(Date)
Approved as to Legal Sufficiency:
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Danny Jordan, County Administrator
(Date)
Approved as to Legal Sufficiency:
Return to Agentla
EXHIBIT A — Rooms Leased by LESSEE
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