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2018-10-02 Council Meeting
CITY OF ASHLAND Importan : Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of timc allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL Tuesday, October 2, 2018 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS 1. Proclamation for Indigenous Peoples' Day V. APPROVAL OF MINUTES 1. Study Session of September 17, 2018 2. Business Meeting of September 18, 2018 VI. SPECIAL PRESENTATIONS & AWARDS VII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation VIII. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] I I IX. CONSENT AGENDA 1. Disposal of Surplus Transformers and Hardesty Gas Station 2. Fourth Quarter Financial Report X. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) 1. Sale of a City-Owned Open Space Park Program Parcel Located at 380 Clay Street and known as parcel 391 E11 C Tax Lot 2504 and Purchase of Land for a Future Park Located at 0 E. Main and known as Parcel 391 E11 CB Tax Lot 200 XI. UNFINISHED BUSINESS None XII. NEW AND MISCELLANEOUS BUSINESS 1. Safe Routes to School Grant Application Approval XIII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Housing Planning Assistance Memorandum of Understanding with Department of Land Conservation and Development 2. Annual Liquor License Renewal: Stop N Shop Market and Vinyl Club 3. Contract for Design/Engineering for Water Treatment Plant 4. First Reading of Clearing Height of Trees and Vegetation Above Streets, Alleys, and Sidewalks Ordinance XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. CITY ADMINISTRATOR REPORT XVI. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US Council Business Meeting October 2, 2018 Agenda Item Authorization for disposal of property in excess of $10,000 From Tom McBartlett Interim Director of Electric Utility Paula Brown Public Works Director Contact thomas.mcbartlett(cD-ashland. or.us 541-552-2314 Pau Ia.brown(@ashland.or.us 541-552-2411 SUMMARY Approval is being requested to dispose of electric transformers declared excess and no longer useful to the Electric Utility as well as the "gas station" building at 1291 Oak Street, which is of no use to the City. POLICIES, PLANS & GOALS SUPPORTED AMC 2.54 Disposal of Surplus Property PREVIOUS COUNCIL ACTION None BACKGROUND AND ADDITIONAL INFORMATION The Electric Department needs to dispose of 92 transformers declared "junk" and no longer useful to the utility. An invitation to bid has been solicited to companies that specialize in the disposal of the hazardous materials and the reclamation of the metals in the transformers. Transformer disposal is usually bid on a per KVA price and the price varies with the metals market. The total KVA in this solicitation is 7,292. With the purchase of the Hardesty property at 1291 Oak Street, Public Works has no use for the decorative "gas station" building on the property. Upon Council approval, staff will place an invitation to bid on removal of the building from that site. Due to the variability of the market and the large number of transformers it is likely that the bids will exceed $10,000. Under the Ashland Municipal Code, the disposal of City owned surplus property having a value of $10,000 or more shall be subject to authorization by the Local Contract Review Board. FISCAL IMPACTS Disposing of the transformers will avoid any future handling, storage and labor costs. Proceeds from the sale will be returned to the Electric Fund. Disposal of the unnecessary building at 1291 Oak Street will allow that site to have better internal circulation and avoid any potential vandalism. Funds will return proportionally to the departments that were included in the purchase of the property (Public Works and Fire). STAFF RECOMMENDATION Staff recommends that Council authorize the disposal of the "junk" transformers and the unnecessary "gas station". Page 1 of 2 C I T Y O F ASHLAND ACTIONS, OPTIONS & POTENTIAL MOTIONS The Council acting as the Local Contract Review Board moves to: • Declare the transformers junk, surplus property and authorize the Electric Department to dispose of them through an invitation to bid. Council may choose to take no action, whereby the City will retain unusable excess materials. I REFERENCES & ATTACHMENTS Attachment 1: List of Transformers Attachment 2: Electric Invitation to Bid Attachment 3: Pictures and Site Location of the "Gas Station" at 1291 Oak Street Page 2 of 2 CITY OF ASHLAND City of Ashland, Orellon INVITATION TO BID SURPLUS TRANSFORMERS Bids are due by: 1 0/3/201 8 2:00 PM (PST) Item City # Make KVA Prima Secondary Mount Serial # Weigh t PPM 1 272 WESTING 5 7200 120/240 POLE S-56L1872 ND 2 556 WESTING 10 7200 120/240 POLE A-7112AIOAAE ND 3 878 WAGNER 10 7200 120/240 POLE 5P67649 3 4 339 WESTING 10 7200 120/240 POLE 5445135 < 1 5 528 WESTING 10 7200 120/240 POLE S55L0771 <2 6 A2 GE 15 7200 120/240 POLE G426844-65K 14 7 765 GE 15 7200 120/240 POLE F-252429-62K <1 8 244 GE 15 7200 120/240 POLE G-573376-66K 2 9 633 GE 15 7200 120/240 POLE E579099-60K <2 10 828 GE 15 7200 120/240 POLE 9729581 <2 11 1196 GE 25 7200 120/240 POLE M09171541MA <1 12 519 GE 25 7200 120/240 POLE 9877265 ND 13 98 GE 25 7200 120/240 POLE J-788118K71 <2 14 551 WAGNER 25 7200 120/240 POLE 5K47432 < 1 15 416 WESTING 25 7200 120/240 POLE 87A240560 NON 16 487 WESTING 25 7200 120/240 POLE 6936927 < 1 17 497 WESTING 25 7200 120/240 POLE 55501098 < 1 18 42 RTE 25 7200 120/240 POLE 732012824 ND 19 798 WESTING 25 7200 120/240 POLE 67AF2824 < 1 20 475 WAGNER 25 7200 120/240 POLE D5H2129 2 21 782 GE 25 7200 120/240 POLE F262505-62K 1 22 1185 McGRAW 25 7200 120/240 POLE 78VC016003 < 1 23 709 GE 25 7200 120/240 POLE E709241-61K 8 24 391 WESTING 25 7200 120/240 POLE 5452865 1 25 264 ALLIS-C 25 7200 120/240 POLE 118240 < 1 26 505 WESTING 25 7200 120/240 POLE 6936798 <2 27 624 ALLIS-C 37.5 7200 120/240 POLE 3170427 ND 28 92 GE 37.5 7200 120/240 POLE G419275-65K 16 29 349 WESTING 37.5 7200 120/240 POLE 5445056 2 30 762 RTE 37.5 7200 120/240 POLE 2202160 3 31 561 GE 37.5 7200 120/240 POLE 9942979 6 32 159 WESTING 37.5 7200 120/240 POLE 64AM5869 ND 33 864 WESTING 50 7200 120/240 POLE A-7212N50E5A 1 34 496 WESTING 50 7200 120/240 POLE 6936927 ND 35 105 WESTING 50 7200 120/240 POLE 63SL232 <1 36 381 GE 50 7200 120/240 POLE P967946-YVF <1 37 131 GE 50 7200 120/240 POLE G423130-65K <2 38 541 WESTING 50 7200 120/240 POLE 87AI32594 NON 39 329 WESTING 50 7200 120/240 POLE 87AL11551 30 40 738 MOLONEY 50 7200 120/240 POLE 1968140 15 41 951 GE 50 7200 120/240 POLE K497551K72A <2 42 831 WESTING 50 7200 120/240 POLE 84A480436 <2 43 1566 GE 50 7200 120/240 POLE 1'967942-YVF < 1 44 1023 RTE 50 7200 120/240 POLE 742021309 ND 45 826 STANDARD 50 7200 120/240 POLE PAE 0330 2 46 832 WESTING 50 7200 120/240 POLE 84A480438 NON 47 2457 MOLONEY 50 7200 120/240 POLE 111362502 NON 48 1214 RTE 75 7200 120/240 POLE 782034151 <1 49 1123 GE 75 7200 120/240 POLE M-006733KDLA <1 50 196 McGRAW 75 7200 120/240 POLE 70VL802013 <1 51 Al GE 75 7200 120/240 POLE G43286466K ND 52 1332 RTE 75 7200 120/240 POLE 811114578 ND 53 203 GE 75 7200 120/240 POLE G720585-66K 5 54 610 RTE 100 7200 120/240 POLE 5809972 < 1 55 611 RTE 100 7200 120/240 POLE 5809973 < 1 56 612 RTE 100 7200 120/240 POLE 589974 < 1 57 1031 RTE 25 7200 120/240 PAD 742024827 <2 58 1030 RTE 25 7200 120/240 PAD 742024827 <2 59 968 STANDARD 25 7200 120/240 PAD PEF-3678 < 2 60 1296 WESTING 25 7200 120/240 PAD 80JK317192 < 1 61 327 HOWARD 25 7200 120/240 PAD 94186-4785 NON 62 1277 BALTEAU 25 7200 120/240 PAD PLI-1495 ND 63 1312 RTE 25 7200 120/240 PAD 81 1086640 ND 64 1451 HOWARD 25 7200 120/240 PAD 65091-3687 NON 65 1803 ABB 25 7200 120/240 PAD 96,1060131 NON 66 934 STANDARD 25 7200 120/240 PAD PDC 0571 < 1 67 1149 RTE 50 7200 120/240 PAD 771048232 < 1 68 1148 RTE 50 7200 120/240 PAD 771048232 ND 69 983 STANDARD 50 7200 120/240 PAD PED-2401 < 2 70 376 HOWARD 50 7200 120/240 PAD 94197-4785 NON 71 1266 RTE 50 7200 120/240 PAD 801007875 1 72 299 WESTING 50 7200 120/240 PAD 81JF485021 NON 73 1996 COOPER 50 7200 120/240 PAD 5044504 NON 74 2017 CENTRAL 50 7200 120/240 PAD 101207410 DRY ND 75 1043 ALLIS-C 50 7200 120/240 PAD 6036525 ND 76 605 RTE 75 7200 120/240 PAD 701032716 < 1 77 1221 WAGNER 75 7200 120/240 PAD 78416322 < 2 78 1243 RTE 75 7200 120/240 PAD 791044787 ND 79 1220 WAGNER 75 7200 120/240 PAD 78416323 ND 80 923 RTE 75 7200 120/240 PAD 701032723 ND 81 986 McGRAW 100 7200 120/240 PAD 73VH011003 ND 82 1640 COOPER 167 7200 120/240 PAD 921000698 NON 83 1506 CENTRAL 167 7200 120/240 PAD 189502803 1/2DRY ND 84 1307 RTE 250 7200 120/240 PAD 511025180 < 2 85 229 MCGRAW 37.5 7200 120/240 LV. FRT E1428902 ND TOTAL= 4041.5 3-PHASE PAD TRANS Item Cit # Make KVA Primary Secondar Mount Serial # Weight PPM 86 1398 RTE 500 7200 120/208 PAD 866002199 4,900 lbs < 1 87 1006 McGRAW 500 7200 277/480 PAD 85ZB604001 4,9201bs NON 88 293 RTE 750 7200 120/208 PAD 886012040 1/2DRY NON 89 1137 STANDARD 750 7200 277/480 PAD PIE-2585 ? 1 90 260 RTE 750 7200 277/480 PAD 6144860 7,2501bs 1 TOTAL= 3250 91 R5004 McGRAW 110KV AUTO RECLOSE TYPE RX 4759 NON 92 COOPER KYLE SWITCH TYPE NR 336761 NON TOTAL KVA PRICE PER KVA TOTAL AMOUNT 7,291.50 $ /KVA $ Company Name: Bid prepared by: Street City Signature: State/Zipcode Telephone Date: Fax Email CITY OF Invitation to Bid ASHLAND SURPLUS TRANSFORMERS Bid release date: 9/18/2018 Bid closing date: 10/3/2018 2:00 PM (PST) The City of Ashland is requesting bids for surplus transformers. The list of surplus transformers is attached for your review and consideration. The successful bidder will be responsible for transporting the surplus transformers from the City to their destination. The City will be available to load the transformers onto the bidder's truck. Transformers are sold As-Is. Copies of existing PCB test reports for each of the transformers will be provided at that time. The following information shall be included in your bid: • Provide bid amount and contact information on the bid form provided. • Confirm in writing that your bid includes transporting the transformers from the City to their destination. • Describe disposal process for hazardous materials, including environmental safeguards. • Other relevant information. Due date and time for submitting bids is 2:00 PM (PST), Wednesday, October 3 2018. Late Bids will not be considered. Method of Award: If a contract is awarded, the City shall award the contract to the bidder whose bid will best serve the interests of the City, taking into account price as well as considerations including, but not limited to, experience, expertise, and contractor responsibility. The contract award is subject to the approval of the City Council. If you have any questions and/or need additional information, please call or e-mail John Paulick. I will be the point of contact for this solicitation. Thanks. John Paulick City of Ashland Electric Dept. Warehouseman Email: iohn.paulick@ashland.or.us Phone: 541-552-2310 Wk cell: 541-951-0308 1 Oka L , FIVE ON KCYCUD PAPER. _ CITY OF Invitation to Bid ASHLAND SURPLUS FACILITY: "GAS STATION" SHELL The City of Ashland is requesting bids for complete removal of the "gas station" shell located on City property at 1291 Oak Street, Ashland. The successful bidder will be responsible for removing the facility in its entirety from the property. This "gas station" shell is sold "As Is." Please note that there are no gas pumps, just the shell. The following information shall be El Pre App Map included in the bid: ■ Provide bid amount and contact information on the bid form provided. ■ Confirm in writing that your Gas Station' bid includes removal and transport of the facility from the City to your destination. Bids shall be submitted in writing to r " O At 90 N. Mountain, Ashland, OR No email bids will be accepted. Due date and time for submitting bids: R(➢RK Ila MIMS ENGINEERING DIVISION Tel: 541/488-5587 51 an Way Fax: 541/488-0 Ashland d OR 97520 TTY: 800/735-292900 0 www ashland.or.us Council Business Meeting October 2, 2018 Agenda Item Acceptance of BN 2017/19 4th Quarter Financial Report From Mark Welch Administrative Services Director Contact Mark.welchCD-ashland.or.us SUMMARY Accept the Biennium 2017/19 4th Quarter Financial Report. POLICIES, PLANS & GOALS SUPPORTED Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION The attached financial statements cover 12 months of activity for the period July 1, 2017 through June 30, 2018, and equate to 50% of the biennial budget. The City has held two City Council Study Sessions, with the appointed members of the Budget Committee, to review the first four quarters of the Biennium. Financial statements provide the Mayor and Council with current financial information. These reports allow both Council and staff the opportunity to recognize trends and make appropriate changes as necessary to protect the assets of the City. Total citywide revenue collections for this period are 49% of budget appropriations. Total citywide expenses of 36% of budget appropriations are below the projections for the biennium. Of note in the report is the positive fund balance in the Health Benefits Fund. Finance Staff was unsure if the fund would end positive, or negative, and requested a potential $1 million loan between the Water Fund and the Health Benefits Fund. This one-day loan was not needed and no money was moved between the Water Fund and Health Benefits Fund. Overall, the financial position is stable for the period as reflected in these reports. FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff recommends acceptance of the BN 2017/19 4th Quarter Financial Report. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to accept the fourth quarter financial report as presented REFERENCES & ATTACHMENTS Attachment 1: BN 2017/19 Fourth Quarter Financial Report Page 1 of I CITY OF ASHLAND City of Ashland Summary of Cash and Investments Preliminary Closing as of June 30, 2018 Balance Balance Change From Fund June 30, 2018 June 30, 2017 FY 2017 General Fund $ 3,950,159 $ 4,293,913 $ (343,754) Parks General Fund 866,027 321,286 544,740 Housing Fund 263,903 - 263,903 Community Block Grant Fund 35,545 31,300 4,245 Reserve Fund 37,523 28,167 9,356 Street Fund 4,869,886 5,546,136 (676,249) Airport Fund 23,594 174,097 (150,503) Capital Improvements Fund 1,176,437 3,143,988 (1,967,551) Parks Capital Improvements Fund 1,077,629 131,785 945,845 Debt Service Fund 1,025,376 973,878 51,498 Water Fund 8,604,095 6,881,290 1,722,805 Wastewater Fund 6,421,847 6,796,415 (374,568) Storm Drain Fund 1,760,868 - 1,760,868 Electric Fund 2,074,871 1,086,565 988,306 Telecommunications Fund 517,342 363,364 153,978 Central Services Fund 1,485,422 443,991 1,041,431 Insurance Services Fund 834,020 1,265,757 (431,737) Health Benefits Fund 308,300 712,894 (404,594) Equipment Fund 3,657,880 3,465,047 192,833 Parks Equipment Fund 126,854 176,854 (49,999) Cemetery Trust Fund 967,771 954,262 13,510 $ 40,085,349 $ 36,790,987 $ 3,294,363 Total Cash Distribution $ 40,085,349 $ 36,790,987 $ 3,294,363 Manner of Investment General Banking Accounts $ 1,710,255 $ 2,686,223 $ (975,968) Local Government Inv. Pool 38,375,094 33,104,763 5,270,330 City Investments - 1,000,000 (1,000,000) Total Cash and Investments $ 40,085,349 $ 36,790,987 $ 3,294,363 Cash Balance Distribution Dollar Distribution Claims& Judgments Central Services. Parks and SDC's $566,216 Insurance and Recreation Funds $6,194,372 2% Trust Equipment Funds _ 5% 16% $970,305 16% 2% 2% Unassigned 05 Food & Beverage $17,016,201 $1,608, 42% 4% Library All Other (General Asset Forfeit Government) 0% $32,313 1 % 0% 31%, Debt Reserved TOT Tourism Business Type $2,940,682 $338.658 Funds 7% 1 % 48% Other Reserved $10.398.003 26% 12. Jun FY18 Preliminary Financial Report.xlsx 8/24/2018 City of Ashland Statement of Revenues and Expenditures - City Wide Preliminary Closing as of 6/30/2018 (50% of Biennium) Biennial Percent Biennial To Dale Actuals Budget Collected 2015-2017 Resource Summary (12 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Revenues Taxes $ 25,009,359 $ 50,223,505 49.8% $ (25,214,146) $ 22,819,109 $ 46,433,031 Licenses and Permits 838,832 1,660,300 50.5% (821,468) 835,278 2,141,624 Intergovernmental Revenues 3,938,740 12,260,396 32.1% (8,321,656) 2,804,702 6,226,279 Charges for Services - Rate&Internal 58,062,822 119,079,676 48.8% (61,016,854) 54,589,161 109,762,842 Charges for Services- Misc. Service fees 1,839,134 3,465,733 53.1% (1,626,599) 1,817,840 3,782,285 System Development Charges 779,520 731,500 106.6% 48,020 617,655 1,265,774 Fines and Forfeitures 545,835 857,900 63.6% (312,065) 180,638 546,003 Assessment Payments 17,535 60,000 29.2% (42,465) 32,831 133,837 Interest on Investments 708,809 482,850 146.800% 225,959 227,163 634,042 Miscellaneous Revenues 1,469,464 1,305,564 112.6% 163,900 527,491 1,384,481 Total Revenues 93,210,049 190,127,424 49.0% (96,917,374 84,451,868 172,310,198 Budgetary Resources: Other Financing Sources 971,842 56,086,312 1.7% (55,114,470) 1,465,879 1,831,438 Interfund Loans - 2,100,000 0.0% (2,100,000) 690,544 840,544 Transfers In 2,066,192 2,997,791 68.9% (931,599) 1,081,662 1,477,867 Total Budgetary Resources 3,038,033 61,184,103 5.0% (58,146.070) 3,238,085 4.149.849 Total Resources 96,248,082 251,311,527 38.3% (155,063,444) 87,689,954 176,460,047 Requirements by Classification Personal Services 31,203,262 67,603,042 46.2% 36,399,780 29,249,108 59,132,807 Materials and Services 50,136,886 102,677,265 48.8% 52,540,379 43,844,443 87,413,909 Debt Service 4,608,472 10,244,803 45.0% 5,636,331 4,317,450 8,686,005 Total Operating Expenditures 85,948,620 180,525,110 47.6% 94,576,490 77,411,001 155,232,721 Capital Constmction Capital Outlay 4,999,125 69,030,566 7.2% 64,031,441 5,822,976 12,371,298 Interfund Loans - 2,575,000 0.0% 2,575,000 690,544 840,544 Transfers Out 2,066,192 3,790,634 54.5% 1,724,442 1,081,662 1,477,867 Contingencies (Original Budget $3.085,000) - 3,317,603 0.0% 3,317,603 - - Total Budgetary Requirements 2,066,192 9,683,237 21.3% 7, 7, 5 1,772,206 2,318,411 Total Requirements 93,013,937 259,238,913 35.9% 166,224,976 85,006,183 169,922,430 Excess (Deficiency) of Resources over Requirements 3,234,145 (7,927,386) 140.8% 11,161,531 2,683,771 6,537,617 Working Capital Carryover 39,472,221 38,079,778 103.7% 1,392,443 32,934,606 32,934,606 Unappropriated Ending Fund Balance $ 42,706,366 $ 30,152,392 141.6% $ 12,553,974 $ 35,618,376 $ 39,472,221 12 Jun Fv18 PreliminaryFinancial Repon.xlsx z 8122018 ' 0 City of Ashland Schedule of Budgetary Compliance Per Resolution 2017-17 Amended for Resolution 2017-29, 2018-08, 2018-16, and 2018-25 Preliminary Closing as of 6/30/2018 (50% of Biennium) Biennial to Date Actuate Biennial Budget Percent (12 Months) 2017.2019 Used Balance General Fund Administration $ 1,288,978 $ 3,006,150 42.9% $ 1,717,172 Adnunistrabon - Municipal Court 497,785 944,095 52.7% 446,310 Administrative Services - Miscellaneous 14,230 38,000 37.4% 23,770 Administrative Services - Band 60,433 131,540 45.9% 71,107 Administrative Services - Packs 5,209,500 10,601,400 49.1% 5,391,900 Ponce Department 7,197,266 15,258,125 47.2% 8,060,859 Fire and Rescue Department 9,310,299 19,866,282 46.9% 10,555,983 Public Works- Cemetery Division 353,418 851,778 42.7% 488,360 Community Development- Planning Division 1,667,784 3,291,729 50.7% 1,623,945 Community Development- Building Division 706,091 1,479,935 47.7% 773,844 Community Development- Social Services Grants - 267,940 0.0% 267,940 Transfers 271,851 377,351 72.0% 105,500 Contingency 790,000 0.0% 790,000 Total General Fund 26,587,635 56,904,325 46.7% 30,316,690 Parks and Recreation General Fund Parks Division 3,890,304 8,633,533 45.1% 4,743,229 Recreation Division 1,348,844 3,199,553 42.2% 1,850,709 Gol ivision 502,118 1,163,100 43.2% 660,982 Contingency 195,000 0.0% 195,000 Total Parks and Recreation Fund 5,741,266 13,191,186 43.5% 7,449,920 Housing Trust Fund Materials and Services 366,351 0.0% 366,351 Total Housing Trust Fund - -68;9= 0.0% 3663T Community Development Block Grant Fund Personal Services 30,691 62,880 48.8% 32,189 Materials and Services 83,291 390,905 21.3% 307,614 Total Community Development Grant Fund ----TTTRF X53785 25.1% 33g80~ Reserve Fund Interfund loan 525,000 0.0% 525,000 Total Reserve Fund - Bum-, - 0.0% - fun-OF Street Fund Public Works- Ground Maintenance 248,097 501,900 49.4% 253,804 Public Works - Street Operations 2,562,967 19,188,971 13.4% 16,626,004 Public Works- Transportation SDC's 44,058 2,198,720 2.0% 2,154,662 Contingency 43,685 0.0% 43,685 Total Street Fund 5S 3,276 14.7% 1- 87To322- Airport Fund Materials and Services 233,897 425,380 55.0% 191,483 Capital Outlay 37,609 312,000 12.1% 274,391 Debl Servke 38,536 T7,075 50.0% 38,539 Conlingency 10,000 0.0% 10,000 Total Airport Fund 310,042 824,455 37.6% 514,413 12.Jun HIS Preliminary Financial Repodzlax 3 8124/2018 Schedule of Budgetary Compliance Per Resolution 2017-17 Amended for Resolution 2017-29, 2018-08, 2018-16, and 2018-25 Preliminary Closing as of 6/3012018 (50% of Biennium) Biennial to Date Acluals Biennial Budget Percent (12 Months) 2017.2019 Used Balance Capital Improvements Fund Public Works - Facides 1,244,218 2,569,100 48.4% 1,324,882 Administrative Services - SOO(Parks) 350,000 394,640 88.7% 44,640 Administrative Services- Open Spam (Pak) 87,768 1,500,000 5.9% 1,412,232 Transfers 1,200,000 1,777,000 67.5% 577,000 Contingency 60,000 0.0% 60,000 Total Capital Improvements Fund 2,881,986 6,300,740 45.7% 3,418,754 Parks Capital Improvement Fund Materials and Services 57,754 150,000 38.5% 92,246 Capital Outlay 261,363 4,812,157 5.4% 4,550,794 Transfers 328,238 573,283 57.3% 245,045 Total Parks Capital Improvement Fund 647,355 5,535,440 11.1% 4,643,040 Debt Service Fund Debt Service 1,872,161 3,740,387 50.1% 1,868,226 Total Debt Service Fund ,82~T6, r 50.1% 1,868,226 Water Fund Public Works - Conservation 273,715 738,888 37.0% 465,173 Public Works - Water Supply 700,420 2,751,150 25.5% 2,050,730 Public Works- Water Supply Debt 9,485 636,758 1.5% 627,273 Public Works- Water Distribution 3,551,638 9,807,452 36.2% 6,255,814 Public Works- Water Distribution Debt 248,996 592,101 42.1% 343,105 Public Works - Water Treatment 1,794,785 24,383,636 7.4% 22,588,851 Public Works- Water Treatment Debt 140,780 282,177 49.9% 141,397 Public Works- Improvement SDC's 200,425 4,181,350 4.8% 3,980,925 Public Works - DebtSOCs 214,973 430,369 50.0% 215,396 Transfer 250,000 500,000 50.0% 250,000 Interfund Loan - 1,000,000 0.0% 1,000,000 Contingency 685,000 0.0% 685,000 Total Water Fund 7,385,217 45,988,881 16.1% 38,603,664 Wastewater Fund Public Works- Wastewater Collection 2,517,736 6,088,930 41.3% 3,571,194 Public Works- Wastewater Collection Debt 72,675 144,656 50.2% 71,981 Public Works- Wastewater Treatment 4,031,623 10,279,543 39.2% 6,247,920 Public Works- Wastewater Treatment Debt 1,608,552 3,732,624 43.1% 2,124,072 Public Works- Improvements SOC's 7,308 4,060,025 0.2% 4,052,717 Contingency 325,000 0.0% 325,000 Total Wastewater Fund X8,237, ti-5 33.4% 16,392,N3 StormwaterFund Public Works- Storm Water Operations 590,844 1,459,713 40.5% 868,869 Public Works- Storm Water Operations Debt 12,349 24,500 50.4% 12,151 Public Works- Improvements SDC's 91,507 250,000 36.6% 158,493 Contingency 30,000 0.0% 30,000 Total Stormwater Fund 694,700 1,764,213 39.4% 1,069, 13 Electdc Fund Administration - Conservation 856,037 1,486,890 57.6% 630,853 Electric - Supply 7,257,773 14,981,925 48.4% 7,724,153 Electdc - Distribution 6,834,292 13,390,730 51.0% 6,556,438 Electdc-Transmission 891,251 2,531,435 35.2% 1,640,184 Debt Service 22,936 1,128,202 2.0% 1,105,266 Contingency 225,000 0.0% 225,000 Total Electric Fund 15,862,289 3- 47.0% 1 12. Jun Fria Pninn, Financial Rapo lsa OV 018 4 Schedule of Budgetary Compliance Per Resolution 2017-17 Amended for Resolution 2017-29, 2018-08, 2018-16, and 2018-25 Preliminary Closing as of 6/3012018 (50% of Biennium) Biennial to Date Actuate Biennial Budget Percent (12 Months) 2017.2019 Used Balance Telecommunications Fund IT - Personal services 638,033 1,448,575 44.0% 810,542 IT-MaterielsBServlces 957,195 1,899,520 50.4% 942,325 IT - Capital Outlay 22,595 150,000 15.1% 127,405 Debt- To Debt Servke Fund° 409,000 818,000 50.0% 409,000 Contingency 105,000 0.0% 105,000 Total- Telecommunications Fund 2,026,823 4,421,095 45.8% Note. In M 8 S appropnab'on Central Services Fund Administration Department 1,698,305 3,775,160 45.0% 2,076,855 Information Technology- Info Setts Division 1,301,904 2,811,275 46.3% 1,509,371 Administrative Services Department 2,526,409 5,212,449 48.5% 2,686,040 City Recorder 196,861 409,032 48.1% 212,171 Public Works- Administration and Engineering 1,759,968 3,644,262 48.3% 1,884,294 Contingency 210,418 0.0% 210,418 Total Central Services Fund 7,483,448 16,052,596 46.6% 8,579,148 Insurance Services Fund Personal services 113,530 233,160 48.7% 119,630 Materials and Services 872,328 1,854,790 47.0% 982,462 Capital 200,950 480,000 41.9% 279,050 Contingency 38,500 0.0% 38,500 Total Insurance Services Fund 1,lassoB 45.5% 1,419,64 Health Benefits Fund Materials and SeMces 6,310,154 11,557,301 54.6% 5,247,147 Interlard Loan - 1,050,000 0.0% 1,050,000 Contingency 500,000 0.0% 500,000 Total Health Benefits Fund 6,310,154 i3,lo7,3o7 48.1% 6,797,147 Equipment Fund Public Works - Maintenance 1,441,747 3,176,472 45.4% 1,734,725 Public Works- Purchasing and Acquisition 685,668 2,849,000 24.1% 2,163,332 Contingency 100,000 0.0% 100,000 Total Equipment Fund 2,1T7-.2[T5- 6.12-6,T77 34.7% 3,998,057 Parks Equipment Fund Capital Outlay 305,710 450,000 67.9% 144,290 Total Parks Equipment Fund 03,5i6 450,000 67.9% Cemetery Trust Fund Trendless 16,103 38,000 42.4% 21,897 Total Cemetery Trust Fund 16,103 3%000 42.4% 21,897 Total Appropriations $ 93,013,937 $ 259,238,913 35.9% $ 166,224,976 12. Jun FY18 Preliminary Financial Repe lav 5 8@42018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2010 Biennial Percent Biennial Percent To Bate Actuate Budget Collected 2015-2017 Collected (12 Months) 2017.2019 Expended Balance Biennium to Dale End of Biennium Expended 110 General Fund Taxes $ 21,207,587 $ 42,958,500 49.4% $ (21,750,913) 5 19,343,205 5 39,315229 49.2% licenses and Permits 830,832 1.660.300 50.5% (821,460) 835,278 2,141,624 39.0% Intergovernmental 2,057,644 4,607,866 44.7% (2,550,222) 921,946 2,057,077 44.8% Charges for Services 1,622,468 3,327,000 48.8% (1,704,532) 1,645,047 3.330.630 49.4% Fines 545,835 857,900 63.6% (312,065) 180,638 546,003 33.1% Interest on Investments 92,260 75,000 1210% 17,26D 29,834 86,199 34.6% Miscellaneous - 61,739 395,200 15.6% (333,461) 113,065 219,974 51.4% Transfer in (Water Fund) 250,000 500,000 50.0% (250,000) 250,000 500,000 50.0% Transfer In (Cemetery Fund) 16,103 13,000 123.9% 3,103 5,935 15,938 37.2% Total Revenues and Other Sources 26,692,467 54.394,766 49.1% (27,702,299) 23,325,748 48,212,675 48.4% Administrator, 1,288978 3,006,150 42.9% 1,717,172 1,087,285 2,098,800 51.8% Administration - Municipal Court 497,785 94,095 52.7% 446,310 489,250 951,831 51.4% Administrative Services - Miscellaneous 14,230 38,001) 37.4% 23,IID 64,905 109,460 59.3% Administrative Services - Band 60,433 131,54D 45.9% 71,107 65,186 127,186 51.3% Adminichative Services - Parks 5,209,500 10,601,40D 49.1% 5,391,900 4,880,000 8560,000 49.0% Police Department 7,197,266 15,258,125 47.2% 8060,859 6,690,676 13,487,220 49.6% Fire and Rescue Department 9,310,299 19,866,282 46.9% 10,555,983 7,668966 15,713,581 48.8% Public Works- Cemetery Division 363,410 851,778 427% 488,360 335,763 676,452 49.7% Community Development - Planning Division 1,667,784 3,291,729 50.7% 1,623,945 1,309,880 2,705,513 48.4% Community Development- BuNding Division 706,091 1,479,935 47.7% 773,844 724,797 1,353,877 53.5% Community Development - Soda] Services Grants - 267.940 0.0% 267,940 131,113 265,254 49.4% Transfers Old (Debt Service, Cemetery B Rousting Trust) 271,851 377,351 720% 105,500 96,510 97,010 99.5% Contingency 790,000 0.0% 790,000 Total Expenditures and Other Uses 26,587,635 56,904,325 46.7% 30,316690 23,342,339 47,145,264 49.5% Excess(Defidenty) of Revenues and Met Sources over Expenditures and Other Uses 104,033 (2,509,559) 104.2% 2,614,392 (16,591) 1,067,411 -1.6% Fund Balance, Jul 1, 2017 4,687,674 4,412,535 106.2% 275,139 3,620,263 3,620,263 100.0% Fund Balance, Jun 30, 2018 _S4 792507 $ 1.902.976 251.8% 5 2.889.531 $ 3,603,672 $ 4687.674 76.9% Reconciliation of Fund Balance: Restricted and Committed Funds 862.615 Unassigned Fund Balance 8 3.929.891 12. Jun FY18 Prelounary Financial Reparl.xlsx 8242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2018 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Corseted (12 Months) 2017-2019 Expended Balance Biennium to Bate End of Biennium Expended 211 Parks and Recreation General Fund Intergovernmental $ 750 5 30,000 2.5% $ - $ 92 $ - CharyesforServices - Internal 5,209,500 10,601,400 49.1% (5,391,900) 4.680,000 9,560,000 49.0% Charges for Services - Misc. Service Fees 868.663 2,181,200 39.8% (1,312,637) 931,776 1,830,527 50.9% Interest on Investments 9.692 14,000 69.2% (4,308) 3,522 5,968 510% Miscellaneous 19,883 60.000 33.1% (40,117) 17,204 28,543 60.3% Transfers In (Parks CIP) 85,000 170,000 50.0% (85,000) 52,500 52,500 100.0% Total Revenues and Other Sources 6,193,388 13,056,600 47.4% (6,033,962) 5,685,094 11,477,537 49.5% Pads Division 3179(1,304 8,633,533 45.1% 4,743,229 3,897,926 7,013,195 49.9% Receation Division 1,348,844 3,199,553 42.2% 1,850,709 1,409,208 2,021,724 49.9% Gott Oiuaon 502,110 1,163,100 43.2% 660,982 547,280 1,056,914 51.8% Other Financing Uses-Transfers - - WA - 80,000 80.000 100.0% Contingency 195,000 0.0% 195.000 Total Expendome and Other Uses 5,741,266 13,191,186 43.5% 7,449,920 5,934,414 11,771,832 50.4% Excesspeficiency) of Revenues and Oth at Sources over Expe nitures and Other Uses 452,122 84'7% (134,586) 435.9% 586,708 (249,320) (294,295) Fund Balance, Jul 1, 2017 209,333 140,165 149.3% 69,168 503,628 503,628 100.0% Fund Balance, Jan 30, 2018 $ 661,455 T -5,F9 11856.2% $ 655,876 S 254,308 $ 209,333 121.5% Reconciliation of Fund Balance: Isained and Committed Funds Unassigned Fund Balance S 661,455 12 Jun FT18 Preliminary Financial Reportxlsx .7 8242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2018 Biennial Percent Biennial Percent To Date Annuals Budget Collected 2015-2017 Collected (12 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 240 Rousing Fund Taxes $ 95,249 $ 200,000 47.6% $ (104,7511 $ - $ - Inlere5tonlmestinents 2,303 - WA 2,303 - - Transfer In 166,351 166,351 100.0% Total Revenues and Other sources 263,903 366,351 720% (102,448) - - WA Personal Services - - WA - - Materialsand Semces - 366,351 0.0% 366,351 - Total Expenditures and Other Uses 366.351 0.0% 366.351 - Excess(Oefidency) of Revenues and Other sources over Expenditures and Other Uses 263,903 - WA 263,903 - - Fund Balance, Jul 1, 2017 WA Fund Balance, Jun 30, 2018 5 263.903 $ WA S 263.903 $ - $ WA Reconciliation of Fund Balance: Res0ichad and Committed Funds 263,903 Unassigned Fund Balance $ 4 12 Jun FY18 Re4min" Financial Reportalm 8@412016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing ..of June 30, 201a Biennial Percent Biennial Percent To Dale Actuals Budget Collected 2015-2017 Collected (12 Months) 2017.2019 Expended Balance Biennium to Bate End of Biennium Expended 250 Community Development Black Fund Intergovernmental S 113,901 $ 453.785 25.1%= S (339,804) $ 162,143 $ 291,526 55.6% Personal Services 30,691 (1 48.8% 32,189 32,510 64,255 50.6% Matends and Services 83,291 390,905 21.3% 307,614 129,630 227,268 57.0% Total Expenditures and Other Uses 113.981 453.785 25.1% 339.804 162.140 291.523 55.6% Excess(Deficancy) of Revenues and Other Sources over ExpenNtums and Other Uses - - NIA - 3 4 84.3% Fund Balance, Jul 1, 2017 33,801 1 3380056.0% 33,800 33.797 33,797 100.0% Fund Balance, Jun 30, 2010 $ 33.801 5 1 3380055.0% $ 33.800 S 33.800 $ 33.801 100.0% Reconciliation of Fund Balance: Reelected and Commuted Funds 33.801 Unassigned Fund Balance $ 11 Jun FY18 Preliminary Financial Reportxlsx 9 8842078 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 00, 2018 Biennial Percent Biennial Percent To Date Actuate Budget Collected 3015-2017 Collected (12 Months) 20172019 Upended Balance Biennium to Date End of Biennium Upended 255 Reserve Fund Intereston investments $ 9,356 $ 700 1336.6% $ 8,656 $ 10,730 $ 22,433 47.8% Interfund Loan - 11050,000 0.0% (1,050,000) 325,000 325,000 100.0% Transfers In WA Total Revenues and Other Soumes 9,356 1,050,700 0.9% 8,656 335,730 347.433 96.6% Intedund Loan (lealm Benefits Fund) - 525,000 0.0% 525,000 365,544 515,544 70.9% Transfercut 525,000 0.0% 525,000 WA Total Expenditures and Other Uses 11050,000 0.0% 1,050,000 365,544 515,544 7019% Excess(Oefidency) of Revenues and Other Sources over 177% Expenditures and Other Uses 9,356 700 1336.6% 8,656 (29,814) (168,111) Fund Balance, &11, 2017 28,168 24,735 113.9% 3,433 196,279 196,279 100.0% Fund Balance, Jun 30, 2018 $ 37,524 S 25,435 147.5% $ 12,089 $ 166.465 $ 28,168 591.0% Reconciliation of Fund Balance: Restricted and Committed Funds 37.524 _ Unassigned Fund Balance $ 0 12. Jun FY18 Pro mina, Financial Repmcxlsx ,~O 8242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June out, Iola Biennial Percent Biennial Percent To Date Actuate Budget Collected 2015-2017 Collected (12 Months) 20172019 Expended Balance Biennium to Date End of Biennium Expended 260 Street Fund Texas 5 767,191 5 1,236,600 62.0% $ (469,609) $ 58,782 $ 372,710 15.8% Iolergovemmental 1,311,390 5,311,945 24.7% (4,000,555) 1,307,744 2,536,631 51.6% Charges for Seances - Rates 1,523,209 3,195,895 47.7% (1,672,666) 1,471,358 4,323,090 34.0% Charges for Services - Mix. Service Fees 16,533 - WA 16,533 24,945 50,760 49.1% System Development Charges 159,029 150,000 1060% 9,029 141,557 348,760 416% Assessments 17,535 60,000 29.2% (42,465) 32,831 133,837 24.5% Interest on Investments 74,835 60,000 124.7% 14,835 33,135 90,528 36.6% Miscellaneous 232,484 353,304 65.8% (120,820) 77,727 225,754 34.4% Other Financing Sources 11,687,162 00% (11,687,162) - TolalRevenues and Other Sources 4,102,204 24055,105 18.6% (17,952,902) 3,148,079 0,082,079 39.0% Pubic Walk.- Ground Maintenance 240,097 501,900 49.4% 253,804 242,871 474,636 51.2% Pubic Works - Steel Operations 2,930,796 19,108,971 15.3% 16,258,175 2,862,732 5,552,282 51.6% Pubic Works- Street Operations Debt - - WA - 122,753 0.0% Public Works- Sierra Water Operations - - WA - - 1,166,823 WA Public Works- Sierra Water Operations Debt - - WA - 25,300 WA Public Works- Transommon SOC's 44,058 2,198,720 20% 2,154,662 1,438 355,078 DA% Contingency 43.685 0.0% 43,685 Total Expenditures and Other Uses 3,222,951 21,933,276 14.7% 18.710.325 3,107,041 7,696,872 40.4% Excess(Defdency) of Revenues and Other Sources over Expenditures and Other Uses 879,254 121,830 757,424 41,038 305,207 10.7% Fund Balance, Jul 1, 2017 3,955,854 3,977,740 99.4% 121.8881 5.278131 5,270231 100.0% Fund Balance, Jun 30, 2018 $ 4.835.108 $ 4,099.5/0 117.9% $ 735530 $ 5.319269 $ 5.663.438 93.9% Reconciliation of Fund Balance: Moved W Smmlwater Fund $ (1,707,594) Recorded and Committed Funds 4,835,108 $ 3,955,854 Unassigned Fund Balance $ 0 12. Jun FYI8 Pharmacy, Financial Reportal. 1 1 8/24/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2019 Biennial Percent Biennial Percent To Date Actuate Budget Collected 2015-2017 Collected (12 Months) 2017.2019 Fspended Balance Biennium to Date End of Biennium Upended 280 Airport Fund Intergovernmental $ 191.186 $ 536,800 35.6% 5 (345,614) S - $ - WA Charges for Services - Rates 145,523 270,000 53.9% (124,477) 125,406 271,528 46.2% Interest on Investments 2,123 1,000 212.3% 1,123 790 1.386 33.1% Total Revenues and Other Sources 338.832 807,800 41.9% (468,968) 126,196 273.915 46.1% Medals and services 233,897 425,380 55.0% 191,483 39,314 87,023 45.2% Capital Outlay 37,609 312,000 12.1% 274,391 26,957 54,113 49.8% Debt Service 38,536 77,075 50.0% 38,539 30,536 77,072 50.0% Contingency 10,000 0.0% 10,000 Total Eesenditures and Other Uses 310.042 024.455 37.6% 514.413 104,007 218.205 48.0% Bxcess(Deldency) of Revenues and Other Sources over 38.4% Expenditures and Other Uses 28,790 (16,655) 272.9% 45,445 21,389 55,710 Fund Balance, Jul 1, 2017 173,224 118,677 146.0% 54,547 117.514 117,514 100.0% Fund Balance, Jun 30, 2018 $ 202.014 $ 102.022 190.0% $ 99,992 $ 138903 S 173224 80.2% Rewndlia5on of Fund Balance: Reshicled and Committed Funds 202.014 Unassigned Fund Balance $ (07 l w 12 Jun FYt9 Preliminary Financial Repartul. ,~,Z BI242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary closing as of June 30, 2018 Biennial Percent Biennial Percent To Date Acluals Budget Collected 2015-2017 Collected (12Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 410 Capital Improvements Fund Taxes $ - $ - TA $ - $ 564,947 5 1,273,537 44.4% Intergovernmental - - WA - 2,732 2,732 100.0% Charges for Services - Internal 1,006,170 2,074,940 48.5% (1,068,770) 946,170 1,930,074 49.0% Charges for Services - Misc. Service Fees 37,525 221,000 17.0% (183,475) 4,000 8,000 50.0% System Development Charges 64,254 101,500 63.3% (37,246) 49,372 116,163 425% Interest on Investments 38,037 26,000 138.6% 10,037 15,712 44,464 35.3% Miscelaneous 479,871 20,000 2399.4% 459,871 359 4,438 8.1% Other Financing sources - 1,500,000 0.0% (1,500,000) 870,000 870,000 100.0% Transfer In (Insurance Fund) 82843 - WA 82843 100,000 109.o6B 100.0% Toth Revenues and Other Sources 1,706,700 3,943,440 43.3% (2,236,740) 2,553,292 4,349,407 58.7%= Public Works - Facitib'es 1,244,218 2,569,100 48.4% 1,32082 939,776 1,921,671 48.9% Administrative Services -SOC(Parks) 350,000 394,640 88.7% 44,640 - 358,529 0.0% Administrative Services- Open Spare (Parks) 87,768 1,500,000 5.9% 1,412,232 1,401,271 2,288,041 64.7% Tmnsfers Out 1,200,000 1.7P,000 67.5% 677,000 79,717 215,419 37.0% Intention! Loan (Equipment Fund) - - WA - - - WA Contingency 60.000 0.0% 60,000 NIA Total Expendithres and Other Uses 2881906 6.300740 45.7% 3358754 2,500,764 4783660 52.3% Excess(Oeliciency) of Revenues and Other Sources over Fspeadihres and Other Uses (1,175,286) (2,357,300) 50.1% 1.102,014 52,528 (434,253) -121% Fund Balance, &11, 2017 2,315,233 2,522,222 91.8% (206989) 2,749,486 4749.466 100.0% Fund Balance, Jun 30, 201B $ 1,139,947 $ 164,922 691.2% $ 975,025 $ 2,802,014 5 2,315,233 121.0% Reconciliagon of Fund Balance: Resticled and Committed Funds 1,139,947 Unassigned Fund Balance $ (O) 12 Jun FY16 Pre0minary Financial Reportx6x 8242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Prellminary Closing as or June 80, 2018 Biennial Percent Biennial Percent To Bate Actuate Budget Collected 20152017 Collected (12 Months) 2017-2019 Espended Balance Biennium to Date End of Biennium Espended 411 Parks Capital Improvement Fund Taxes 5 758,101 1,484,690 51.1% (726,589) $ - $ - WA Intergovernmental 4,695 900,000 0.5% (895,305) - 801,770 0.0% Charges for Services - - WA - 13,137 13,137 100.0% Charges for Services - Internal - - WA - 1,477,771 1,477,771 100.0% Interest on Investments 13,978 20,000 69.9% (6,022) 5,928 16,450 36.0% Miscellaneous - - WA - 16,555 0.0% Other Financing Sources 3.250,000 0.0% (3,250,000) - WA Total Revenues and Other sources 776,774 5,654,690 13]% (4,877,916) 1.496,836 2.325.693 64.4% Personal services - - WA - 64,041 162,235 39.5% Materials and Services 57,754 150,000 38.5% 92,246 23,840 64,069 37.2% CapAal Outlay 261,363 4,812,157 5.4% 4,550,794 272,256 1,456,284 18.71A Transfer Out 328,238 573,283 57.3% 245,045 NIA Total Expenditures and Other Uses 647,355 5,535,440 11.7% 4,888,085 360,137 1,682,589 21.4% Emass(Defipency) of Revenues and Other Sources over 176.8% Expen rtcres and Other Uses 129,419 119,250 108.5% 10,169 1,136,699 643,104 Fund Balance, Jul 1, 2017 852,406 341,235 249.8% 511,171 209,302 209,302 100.0% Fund Balance, Jun 30, 2018 $ 887.825 $ 460,485 213.2% $ 521,340 $ 1,346,001 S 852406 157.9% Reconcilia5on of Fund Balance: Restricted and Committed Funds 981,825 Unassigned Fund Balance g (O) 12 Jun FYIB Prefminmy Financial RepmUlax 14 81242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2018 Biennial Percent Biennial Percent To Date Actual. Budget Collected 2015-2017 Collected (12 Morons) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 530 Debt services Taxes 5 492,170 $ 973,540 50.6% 5 (481,370) 5 506,865 $ 1,015,919 49.9% Charges for Serdces - Internal 1,19,300 2,308,600 50.0% (1,154,300) 1,154,300 2,308,600 50.0% Charges for Serdces- Misc. Service Fees - - WA - 132,041 140,365 94.1% Interest on lnvestmens 11,503 8,000 143.8% 3,503 4,527 12,792 35.4% Transfer In (General Fund B CIP) 265,395 480,440 55.2% (215,045) 175,727 311,429 56.4% Other Financing Sources WA WA Total Revenues and Other Sources 1,923,368 3,770,580 51.0% (1,847,212) 1,973,460 3,789,105 52.1% Malerisls and Services 000 - WA - 800 1,600 50.0% Debt Service 1,871,351 3,740,387 50.0% 1,869,026 1,805,310 3,672.977 49.2% Inrstand Loan (Central Service Fund) WA Total Expenditures and Other Uses 1,872,161 3.740,387 50.1% 1,869,D26 1,006,110 3,674,577 49.2% Excess(Deficiency) of Revenues and Other Sources over 146.1% Expenditures and Other Uses 51,207 30,193 169.6% 21,014 167,35D 114,529 Fund Balance, Jul 1, 2017 _ 976,089 1.193.610 81.8% (217,521) 861,560 861.560 100.0% Fund Balance, Jun 30, 2018 $ 7.02].296 $ 1.223803 83.9% $ (196507) $ 1,028,910 $ 976,089 105.4% Reconciliation of Fund Balance: Restricted and Committed Funds 1,027.296 Unassigned Fund Balance $ 12 Jun Me P.I.InaryFinancid Riusaralsx 15 0Mola City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2018 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (12 Months) 20178019 Expended Balance Biennium to Data End of Biennium Expended 670 Water Fund Taxes $ - $ - WA $ - $ 2 5 10 20.7% Intergovemmental - - MA - 14,897 14,897 100.0% Charges for Services - Rates 7,718,298 15,874,482 48.6% (8,156,184) 6,825,178 14,055,539 48.6% Changes for Services-Misc. service Fees 96,594 - MA 96,594 112,473 211,347 53.2% System Development Charges 294,968 200,000 147.5% 94,968 277,247 587,637 47.2% Interest on Investments 139,859 64.000 210.5% 75,059 32,632 101,814 32.1% Miscellaneous 40,443 50,000 809% (9,557) 27,286 74,484 36.6% Other Financing Sources 732,215 29,749,150 2.5% (29,016,935) 542,455 890,072 60.9% Total Revenues and Other Sources 9,022,377 45.937.632 19.6% (36,915,255) 7,832,171 15,935,799 49.1% Public Works - Conservation 273,715 738,888 37.0% 465,173 249,276 534,788 46.6% Public Works - Water Supply 700,420 2,751,150 25.5% 2,050,730 1,821,173 2,390,999 76.2% Public Works- Water Supply Debt 9,485 636,758 1.5% 627,273 9,568 18,970 50.4% Public Works- Water Distribution 3,551,638 9,807,452 36.2% 6,255,814 2,879,829 5.815.636 49.5% Public Works- Water Distrbution Debt 248,996 592,101 421% 343,105 250,649 502,128 49.9% Public Works - WarenTreatmemt 1,794,785 24,383,636 7.4% 22,588,851 1,121,078 2,602,448 43.1% Public Works- Water Treatnent Debt 140,780 282,177 49.9% 141,397 141,410 281,690 50.2% Public Works- Improvement SDC's 301,253 4,181,350 9.1% 3,800,097 200,998 453,197 44.4% Public Works - Debt SDCS 34,145 430,369 7.9% 396,224 34,443 215,123 16.0% Debt Service - - MA - - 33,849 0.0% Inerfund Loan - 1,000,000 0.0% 1,000,000 - - MA Transfers (General Fund) 25D,000 500,000 50.0% 250,000 250,000 500,000 50.0% O0ningency, 685,000 0.0% 685.000 - MA Total Ependltures and Other Uses 7,385,217 45.980,881 16.1% 30,603,664 6959,223 13,348,827 521% Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 1,637,160 (51,249) 3294.5% 1,688,409 072,947 2506,972 33.7% Fund Balance, Jul 1, 2017 7,795,565 8,697.716 89.6% (902151) 5,208,593 5208.593 100.0% Fund Balance, Jan 30, 2018 $ 9,432724 S 8,64fi4fi7 109.1% 5 786,257 $ 6087540 S 7795565 78.0% Reconcilladon of Fund Balance: Restricted and Committed Funds 4,341.844 Unassigned Fund Balance S 5090,880 12 Jun FY18 Preeminary Financlal Reportxlsx 6 81242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Clashes as of June 00, 2018 Biennial Percent Biennial Percent To Data Actual. Budget Collected 2015-2017 Collected (12 Months) 2017.2019 Expended Balance Biennium to Data End of Biennium Expended 675 Wastewater Fund Taxes $ 1,628,413 $ 3,209,200 50.7% $ (1,580,787) $ 2,259,785 $ 4,265,334 53.0% Charges for SeMces-Rates 5.764,500 11,852,000 48% (6,067,420) 5,080,358 10,568.020 48.1% ChapI5 for Services-Misc. Semce Fees 13,250 - WA 13,250 13,250 26.500 50.0% System Development Charges 228,107 200,000 114.1% 28,107 107,655 213,214 50.5% Interest on lnvesbnents 138,548 50000 277.1% 88,548 34,765 107,419 324% Mccauamans 2,000 0.0% (2,000) 1,619 1,620 100.0% Other Financing Sources 239,627 9,900,000 24% (9.660,373) 53,424 71,366 74.9% Total Revenues and Other Soumes 8,032,524 25,213,200 31.9% (17,180,676) 7,550,857 15,253,4]1 49.5% Public Works- Wastewater Collection 2,517,736 6,088,930 41.3% 3,571,194 1,936,069 4,079,963 47.5% Public Works- Wastewater Collector, Debt 72,675 144.656 5021/6 71,981 74,077 147,454 50.2% Public Works- WxstewaterTreabnent 4,031,623 10,279,543 39.21A 6,247,920 2,501,278 5.028.690 49.7% Public Works- WastewaterTreahnent Debt 1,608,552 3,732,624 43.1% 2,124,072 1,622,297 3,237,073 50.1% Public Works- Rewbursemenls SDC's - - WA - 13,039 13,039 100.0% Public Works- Improvements SDCs 7,308 4,060,025 01% 4,052,717 - 3P 0.0% Contingency 325,000 00% 325,000 WA ToldEquendiWres and Other Uses 0,237,895 24,630.770 33.4% 16,392,803 6,146,760 12,506,596 49.1% Excess(Defluency) of Revenues and Other Sources aver Espendhms and Wier Uses (205,371) 582.422 35.3%= (787,793) 1,404,097 2,746,875 51'1% Fund Balance, Jul 1, 2017 7,842,218 6,751,916 116.1% 1,090,302 5,095,343 5,095,343 100.0% Fund Balance, Jun 30, 2018 $ ].636,847 $ 7.334.338 104.1% S 302.509 $ 6.499.440 8 ].842.278 029% Reconciliation of Fund Balance: Restricted and Committed Funds 3,227,425 Unassigned Fund Balance $ 4,409,422 12 An F110 Piston" FrurreI Reponxlsx ,~7 Or242010 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2010 Biennial Percent Biennial Percent To Date Actuate Budget Collected 2015-2017 Collected (12 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 680 Sturravrabor Fund Charges for Services - Rates 5 697,510 $ 1,390,000 50.2% $ (692,490) $ 659,779 $ - ChargesforServices - Misc. Service Fees 600 - WA 600 - - System Development Charles 33,163 80,000 41.5% (48037) 41,823 - Interest on Investments 24,034 19,000 130.79A 5,834 - - M'isce0aneous - - WA - - - Other Financing Sources WA - Total Revenues and Other Sources 756,107 1,489,000 50.8% (732,893) 701,602 - Public WOES- Sierra Water Operators 590,844 1,459,713 40.5% 860,869 593,152 - Public Waft- Stan Water Operations Debt 12,349 24,500 50.4% 12,151 12,750 - Public Wor - Stan Water SDCS 91,507 250,000 36.6% 158,493 - - Contingency 30,000 0.0% 30.000 Total FVenditures and Other Uses 694,701 1,764213 39.4% 1.069512 605,902 Facess(Deliciency) of Revenues and Other Sources over EsPenditures and Other Uses 61,407 (275,213) 122.3% 336,620 95,701 - Fund Balance, Ju11. 2017 1,707,584 1.697.095 100.6% 10.489 Fund Balance, Jun 30, 2018 5 7.760991 $ 1.421.882 124.4% $ 347109 $ 95701 $ - Reconciliation of Fund Balance: Moved long Street Fund $ 1,707,584 Formal and Committed Funds 34,835 Unassigned Fund Balance g 1734]5fi I 12. Jun Fy18 Preliminary Financial Repedalsx e242o1e City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Pmllminary closing as of June 30, 2018 Biennial Pecent Biennial Percent To Bate Actuals Budget Collected 2015-2017 Collected (12 Months) 20174019 Expended Balance Biennium he Data End of Biennium Upended 690 Electric Fund Intergovernmental 5 259,094 5 420,000 61.7% $ (160,906) $ 395,149 $ 521,646 75.6% Charges for Services - Rates 15,600,913 32,014,707 48.7% (16,413,794) 14,401,733 29,017,217 49.6% Charges for Services - Misc. Service Fees 316,300 407,533 64.9% (171,233) 199,018 497,417 40.0% Interest on lnves0tents 27,709 22.100 125.4% 5,609 8,338 21,526 38.7% Miscellaneous 100,464 195,060 51.5% (94,596( 99,394 230,897 43.0% Total Revenues and Other Sources 16,304,480 33,139,400 49.2% (16,834,920) 15,103,632 30,288,703 49.9% Administration -Conserea0on 856,037 1,486,890 57.6% 630,853 747,689 1,397,555 53.5% Becht - Supply 7,257,773 14,981,925 48.4% 7,724,153 6,847,528 13,869,063 49.4% Beddc - Distribution 6.834.292 13,390,730 51.0% 6,556,438 6,467,679 12,961,713 49.9% BecVic-Transmission 891,251 2,531,435 35.2% 1,640,184 909,289 1,742,187 522% Debt Sennce 22.936 1,128,202 2.0% 1,105,266 23,479 46.686 50.3% Cendngency 225,000 0.0% 225,000 NIA Total Expenditures and Other Uses 15,862,288 33.744.182 47.0% 17,881,894 14,995,664 30,017,203 50.0% Excess(Deficiency) of Revenues and Other Seuess over Fapenditues and Other Uses 442,192 (604,782) 173.1% 1,W6,974 107,968 271,500 AM Fund Balance, Jul 1, 2017 2,026,663 1,533,657 132.1% 493,006 1,755,163 1,755,163 100.0% Fund Balance, Jun 30, 2018 $ 2.468.855 $ 928.875 265.8% $ 1.539.980 $ 1,663131 $ 2.026.663 91.9% Reconciliation of Fund Balance: Resbided and Commilled Funds Unassigned Fund Balance 5 2468,855 12. Jun FY10 Re5minary Financial Repatalsx ,19 0242018 i City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Pmliminary Closing as of June 30, 2010 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected 02 Months) 2017.2019 Expended Balance Biennium to Date End of Biennium Expended 695 Telecommunications Fund Charges for Services- Rates $ 2,214,262 $ 4,335,155 51.1% $ (2,120,893) S 2,010,444 5 4,105,254 49.0% Chargesfor Services - Misc. SeMce Fees 30,265 WA 38,255 - - NIA Intereston Imesbnents 0,042 4,000 201.0% 4,042 1,344 4,310 31.2% MisceNmeous 945 - WA 945 695 696 100.0% Interlard Loan WA 165,544 315,544 52.5% Total Revenues and Other Sources 2,261,514 4,339,155 52.1% (2,077,641) 2,17$028 4,425,804 49.2%= Personal Services 638,033 1,448,575 44.0% 810,542 643,747 1,269,970 50.7% Materials B Services 957,195 1,899,520 50.4% 942,325 874,499 1,795,285 487% Capital Way 22,595 150,000 15.1% 127,405 190,204 248,189 76.6% Debt- Transfer to Debt Serdce Fund 409,000 818,000 50.0% 409,000 409.000 818,000 50.0% Contingency 105,000 0.0% 105,000 WA Total Expend8ures and Other Uses 2,026.823 4,421,095 45.8% 2.394.272 2,117,450 4,131,444 51.3% Excess(Deficiency) of Revenues and Other Scums over Expenditures and Other Uses 234,690 (81,940) -286.4% 316.630 60.98 294,359 20.6% Fund Balance, Jul 1, 2017 599,417 309,449 193.7% 289.968 305,058 305,058 100.0% Fund Balance, Jun 30, 2018 $ 834.7017 $ 227,509 366.6% $ 606599 5 366,636 3 599417 61.0% Rec n cilia) of Fund Balance: Resonated and Cummeted Funds 409.000 Unassigned Fund Balance $ 425.108 i 12. Jun FYI 8 Preliminary Fbancial RepaM1xIm 20 B IMS City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Prellminary Closing as of June 30, 2010 Biennial Percent Biennial Percent To Date Actual. Budget Collected 2015-2017 Ccllected (12 Months) 2017.2019 Expended Balance Biennium N Date End of Biennium Expended 710 Central service Fund Taxes $ 60,648 $ 160,775 37.7% $ (100,127) $ 05,523 $ 190,292 44.9% Charges for Serv ices - Internal 6,785,121 13,659,500 49.7% (6,874,379) 6,329,433 12,949,788 48.9% Charges for Services- Misc. Service Fees 226,446 576,000 39.3% (349,554) 238,150 671,504 35.5% Interest on lnveshnents 15,415 17,600 87.6% (2,185) 8,403 16,939 50.1% Miscellaneous 6,696 - WA 6,696 127,957 338,676 37.8% Transfer in (CIP Fund) 1,200,000 1,667,000 72.0% 467,000 417,000 417,000 100.0% Told Revenues and Other Sources 8,294,326 16,080,875 51.5% (6,852,549) 7,206,546 14,584,199 49.4% Administration Depadment 1,698,305 31775,160 45.0% 2,076,855 1,652,396 3,443,253 400% Inhmetion Technology-Info Services DMSion 1,301,904 2,811,275 46.3% 1,509,371 1,37$561 2,743,451 50.0% Admwstrative Services Deparhnent 2,526,409 5,212,449 40.5% 2,686,040 2,405,789 4,690,220 51.3% City Reorder Division 196,061 409,032 48.1% 212,171 498,253 984,526 50.6% Public Works-Administration and Engineering 1,759,968 3,644,262 48.3% 1,884,294 1,598,269 3,341,783 47.8% Confingency 210,418 0.0% 210,418 WA Total Expenditures and Other Uses 7,483447 16,062,596 46.6% 0.579,149 7,527,260 15,203.233 49.5% Eucess(DeSdocy) of Revenues and Other sources over 51.8% Expenditures and Other Uses 810,079 18,279 4436.1% 792,600 (320,722) (619,034) Fund Balance, Jul 1, 2017 281,574 242,081 116.3% 39,493 900,608 900.608 100.0% Fund Balance, Jun 30.2018 $ 7.092.453 S 260.360 419.6% S 832,093 $ 579.886 $ 281.574 205.9% Reconciliation of Fund Balance: Restricted and Committed Funds 175,000 Unassigned Fund Balance $ 917453 12. Jun FYI 8 Pre0Mrery Financial Reponx1a, z~ 8242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Prellminary Closing as of June 30, 2010 Biennial Percent Biennial Percent To Bate Actuate Budget ColleCed 2015.2017 Collected (12 Months) 2017.2019 Expended Balance Biennium to Dale End of Biennium Expended 720 Insurance Service Fund Charges for Services-Internal $ 693,492 $ 1,560,000 44.5% 8 (866,508) 5 735,580 5 1,486,002 49.5% Interest on lnvestinents 14,987 14,000 107.0% 987 7,884 19,376 40.7% MisceOaneous 10,723 80,000 13.4% (69,277) 37,961 78,233 48.5% Total Revenues and Other sources 719,202 1,654,000 43.5% (934,798) 781,425 1,583,610 49.3% Personal Services 113,53D 233,160 48.7% 119,630 98,329 202,900 48.5% Materials and Services 872,328 1,854,790 47.0% 982,462 718,922 1.523,670 47.2% Capital Outlay 201950 480,000 41.9% 279,050 - - NIA TransferOut(Muldple4 funds) - - WA - 569,500 569,500 100.0% Contingency 38,500 0.0% 38,500 NIA Total Expend-ues and Other Uses 1,186,808 2,606,450 45.5% 1,419642 1,386,751 2,295,070 60.4% Excess(Deficiency) of Revenues and Other Sources over 85.0% Fxpend'AUres and Other Uses (467,606) (952,450) 50.9% 484,844 (605,326) (712,460) Fund Balance, Jul 1, 2017 1,053,823 1,117,444 94.3% (63,621) 1,766,283 1,766,283 100.0% Fund Balance, Jun 30, 2018 $ 586.217 8 164.994 355.3% 5 421,223 S 1,160.957 $ 1-053.823 110.2% Reconciliation of Fund Balance: Restricted and Committed Funds 586.217 Unassigned Fund Balance $ (0) 12 Jun 1'y18 Prefiminary Financial Repurblu 22 arzarz018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of JUne 30, 2016 Biennial Percent Biennial Percent To Cate Actuals Budget Collected 2015-2017 Collected (12Months) 2017.2019 Expended Balance Biennium to Data End of Biennium Expended 725 Heath Benefits Fund Charges for Services - Internal $ 5,713,697 5 11,852,537 48.2% $ (6,130,840) $ 8848,409 $ 9,970,841 48.6% Interest on lnvesMents 7,337 13,000 56.4% (5,663) 3,877 9,374 41.4% Miscellaneous (Ship Loss Reimbursements) 426.833 - WA 426,833 12,886 88,738 14.5% Inredund Loan(Resere Fund) 1,050.000 0.0% (11050.000) 200,000 200,000 100.0% Total Revenues and Other sources 6,147,867 12,915,537 47.6% (5,767,670) 5,065,172 10,268,953 49.3% Malenals and Services 6,310,154 11,557,301 54.6% 5,247,147 5,073,134 10,021,261 50.6% Intedunl Loan - 1,050000 0.0% 1,050,000 325,000 325,000 100.0% Contingency 500,000 0.0% 500,000 WA Total Expenditures and Other Uses 6,310,154 13.107.301 48.1% 6.797.147 5,398,134 10,346,261 52.2% Excess(Defidency) of Revenues and Other Sources mgr 430.7 Expenditures and Mar Uses (162,287) (191,764) 84.6% 29,477 (332,962) (77,308) Fund Balance, Jul 1, 2017 396,418 521.456 76.0% (125,038) 471726 473,726 100.0% Fund Balance, Jun 3D, 2018 ' $ 234.137 $ 329.692 71.0% $ (95561) $ 140,764 $ 396,418 35.5% Reconciliation of Fund Balance: Restricted and Contained Funds 234,131 Unassigned Fund Balance 8 0 'This balance includes $472,616 for seemed claims 12. Jun Mir Freliman, Financial Repad.xlax 23 en4018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance P211minary Closing as or JUne 30, 2018 Biennial Percent Biennial Percent To Data Actual. Budget Collacted 2015-2017 Collected (12 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 730 Equipment Fund Charges for Services - Internal $ 1,951,833 $ 4,288,460 45.5% $ (2,336,627) 5 1,954,330 $ 3.908.660 50.0% Charges for Semces -Misc.SerdceFees 225,058 - WA 225,058 162,187 345,857 46.9% Interest en investments 60,806 35,000 173.7% 25,806 19,476 54,051 36.0% McceDaneeus 64,254 150,000 428% (85746) 11,337 75,875 14.9% Total Revenues and Other Sources 2,301,951 4,473,460 51.5% (2,171,509) 2,147,330 4,384,443 49.0% Public Works - Maintenance 1,441,747 3,176,472 45.4% 1,734,725 1,305,026 2,762,798 47.2% Public Works - Purchasing and Accuidtion 685,660 2,849,000 24.1% 2,163,332 644,818 1,153,785 55.9% Contingency 100,000 0.0% 100,000 - WA Total Expendithms and Other Uses 2,127,415 6.125.472 34.7% 3,998,057 1.949844 3.916.5133 49.8% Excess(Defideaq) of Revenues and Other Sources over Expenditures and Other Uses 174,537 (1,652,012) 110.6% 1,826,549 197,486 467,861 422% Fund Balance, Jul 1, 2017 3,404,967 3,343,135 101.8% 61,832 2,937,106 2,937,106 100.0% Fund Balance, Jun 30, 2018 $ 3.579.503 $ 1691123 211.7% $ 1,888,380 $ 3134592 $ 3404.967 92.1% FecdnrMatch of Fund Balance: Restarted and Committed Funds 3,579,503 Unassigned Fund Balance 5 0 I 12 Jun FY18 PreliMnary Financial Repadxlsz 24 8/24/2018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Praliminary Closing as of June 30, 2018 Biennial Percent Biennial Percent To Data Atlanta Budget Collected 2015-2017 Collected (12 Months) 2017-2019 Expended Balance Biennium to Date End of Biennium Expended 731 Parks Equipment Fund Charges for Services - Internal $ 227,500 $ 425,000 53.5% $ (197,500) 5 208,542 $ 455,000 45.8% Inldesl on investments 3,081 1,450 212.5% 1,631 250 2,064 121% Miscellaneous 25,129 - WA 25,129 - - WA Tmuder In (Park Fund) WA 00,000 80,000 100.0% Total Revenues and Other Sources 255,710 426,450 600% (170,740) 288,792 537,064 53.8% Capital OWay 305,710 450,000 67.9% 144,290 229,958 360,210 63.8% Total Fapenditures and Other Uses 305.710 450,000 67.9% 144,290 229,958 360,210 63.8% Excess(Defidency) of Revenues and Other SOUmes over Expeniitmes and Other Uses (49,999) (23,550) 212.3% (26,449) 58,833 176,854 33.3% Fund Balance, JJ 1, 2017 178,854 176,139 100.4% 715 Fund Balance, Jun 30, 2018 $ 126,854 $ 752589 83.1% $ (25735) 3 58,833 $ 176854 33.3% Reconciliation of Fund Balance: Restricted and Committed Funds 125.854 Unassigned Fund Balance $ 12.Jan Hill Prorminary Financlal RepoNlss 25 81242018 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance Preliminary Closing as of June 30, 2018 Biennial Percent Biennial Percent To Date Actuals Budget Collected 2015-2017 Collected (12 Months) 20172019 Expended Balance Biennium to Date End of Biennium Expended 810 Cemetery Fund Charges for Serdces ~ Rates $ 14,447 $ 59000 28.9% 5 (35,553) $ 21,386 $ 31,690 67.5% Interest on Investments 16.103 38,000 42.4% (21,897) 5,935 15,938 37.29/6 Transfer In (General Fund) 500 1.000 50.0% (500) 500 1,000 50.0% Total Revenues aid Other Sources 31,050 09000 34.9% (57,950) 27,821 48,628 57.2% Transfers 16,103 38,000 42.4% 21,897 5,935 15,938 37.2% Total Eipenditures and Other Uses 16,103 38,000 42.4% 21,897 5,935 15,938 37.2% Excess(Deldency) of Revenues and Other Sources over 66.9% Expenditures and Other Uses 14,947 51,000 29.3% (36,053) 21,886 32,691 Fund Balance, Jul 1, 2017 955,357 958,770 99.6% (3,413) 922.666 922,666 100.0% Fund Balance, Jan 30, 2018 $ 970,304 $ 1,009,770 96.1% $ .(39,466) $ 944,552 $ 955,357 90.9% Reconciliation of Fund Balance: Restated and Centered Funds 970,304 Unasvgned Fund Balance 5 0 12 Jun FY18 Prearee ary Financial Repoli xlex 26 82Q016 City of Ashland preliminary Results of Operations Prr 'are.,es.sAOaA981Mxdu..) 110 911 210 250 255 260 AW 410 411 5]0 870 615 an 690 695 710 ]ID ]]5 T!0 731 010 General ParrsGeneel Hedn, CDSG Revive Spal enot CUP Pvb CIP cables.Ye water Vaal d. Sersons EYtlk IT C.S. ISF. H.BF Eabmenl ParWEc,p. Corr Trad 7041 carryaer 4.68],6]1 209,313 - Mae, 28,168 3,04}H 1]]224 2,315,43) 652,05 078089 7,7,5,35 7312]18 1)0),591 2,026,663 599117 281,94 1;$).823 396AIS 3,406,06] 17841 BS5.15] MA72121 Reverse, M692A67 6.193.348 253103 11541 9,355 4.103204 338M 1,70702 T76}74 1.820,308 9,022.3]] 8031521 )55,10] 16.34,480 2,261514 8.294,25 71¢;02 6,141.M7 2,341,851 24.719 31.,59 98),0.001 E rnd rzee 26561.635 5.741265 11]861 3222051 31x0,2 2.19. re.o. 10]2,161 )AM,21] 3237,95 694.701 15.12. 2A26An 14.61) 1.18$000 6310.154 2127415 305710 18103 ,01013,0)] Eadm FUMBNrca 4.7015. 681,,. 2¢2,0,3 MMI 7!,524 1,835108 20201¢ 1.139969 ,081,025 IA2708 9,32.735 )936M) 1.]68891 ram 834.108 1092453 Won 234131 sense 126,. ROM 42,)06]65 undw,red 3.929.01 651.,$5 - - ~ 0 - 101 (0) - 5,40.¢. 4,109,422 1,734,158 2168AM 425,108 017,63 0 0 - - 19,537,220 All numbers below ere as of June 30, 3017 Re MMFer .11'erfulael Mon 32,313 USn 03,63 - Faod&B guess Foftleuee9e ~ - ~ 1608,.0 - I..B.600 Wary Was, - - - - - 2.$97,35 - 314,034 - - LBH,141 IA18,.5 31,835 - - - 0,1AU2 C.rs.ed F-.. Va.. Pukokke 89324 Va.. HwsnA - - 99,324 GnAMCem MM5 22235 0,.S,. - 190,622 Seen FuNe nplai Pml¢G - 2.169000 - - 2,169,00 Al numbers below are as of June 30, 2016 Ree1MM Fep CDBG 263903 33.801 297)01 PapfWc- - 9]0}96 070204 Nea'Cunntxlun - - - - - 117.196 - 1,663 981,25 343]00 - - - - 1604286 Oren 69797 - Command For, Rev.2FUM 37,524 - 37,534 NplArd"a6 202.018 302,015 Sax'Asevss 2261211 2]012]4 Dm6eemcwerenls DeMSnnu 1,021,2,5 - - - ILAAW - I,pB298 c aeMAd2urcn6 - - 586217 - .6217 Heelb Benefils Fund MITI 236,131 Ve60b Re,lonnu1 ],510'sa13 126W Fdarnpm.ms Fo.dwsaM 95000 Worse )oW Re-d 063.615 - 263,03 33,801 37,524 4$5.107 202.016 113$969 001,8$ 103)3,6 4]41,611 3237425 Ny35 109,000 PSMO 6.29 234131 ].gnerd 136R51 snood 23,Mglb 4 111 12 J,n FY18 Ngba,w, Rn0n6a1 RepoN.ai9n BR42018 27 i City of Ashland Revenue Summary as of June 30,2018 Curent Year Prior Year Cunentt 2017-2018 2016-2017 Prior Receiving Fund r - ear age Revenueltem IShare Month I YTD. I Amounts %YTD Yin, I EOFY YTS%Chagee Food&BeverageTax Street 18% $ 305,547 $ 700,397 $ 516,550 137% $ 255,202 $ 255,202 277.6% Parks Cap. Impr. 25% 198,586 750,101 727,790 1041/6 708,590 708,590 107.0% Wastewater55% 276,817 1,608,600 1,608,600 100% .2,004,952' 2,004,952 80.2 Central SUS 2% 15,887 _ 6D,648 58,225 104% _60,586 60,586 100.1'/. Total F&B Tax 796,837 3,135,746 2,911,165 108% 1,029,331 3,029,331 103.5% Transient Occupancy Tax General 100% 810,619 8909,529 2,887,400 101% 2,818,165. 2,818,165 103.2%I Late & Interest Fees General 100% 3,062 7,895 2,500 316% 783 783 1008.3%1 Electric User Tax General 100% 237,516 3,329,704 3,359,980 99% 3,130,420 3,130,420 106.4% Ambulance General 100% 74,002 1,150,741 1,195,000 96% 4,282,583 1,282,583 89.7%. Court Fees &Fines General100% 34,609 426,453 325,500 131% 333,273 333,273 128.0% Parking Fees Debt Svs-Rents - - WA &324 8,324 0.0% General Fund 15,177 353,223 427,000 83% 497,541 197,541 178.0% Capital Fund 5,000 60,000 60,000 100% 37,734 37,734 1590% Central Sts.-Fines - WA 1x5,900 125,000 00%1 Total Parking Fees zgm 413,223 407,000 85% 368,599 368,599 112.1 Franchises General 502,889 3,475,fi51 3,441,180 101% 3,147,635 3,147,635 1104°%I Streets-AHWCharter 14,679 58,796 55.000 107% 58,726 58,726 100.1% Total Franchises 517,569 3,534.445 3,496,180 101% 3,206,361 3,206,361 110.2% SDC's Sheets 13,425 159,029 75,000 212% 165,380 165,380 962%. Capital lmpr. 7,956 64,254 50,000 129% 66,791 66.791 962'% Water 33,760 294,968 100,000 295% 310,390 310,390 95.0% Wastewater 26,263 22&107 100,000 228% 105,558 105,558 216.1% Storm Drain 3,738 _ 33,163 35,000 - 95% 34,835 - 952% Total SOCs 81,405 -"746,357 325,000 230% 682,954 648,119 109.3% Planning Permitsand Fees General 100% 56,134 479,140 461,500 104% 793,095 793,095 60.4' Charges for Services General 100% 4,481 41,477 30,000 138% 134,329 34,329 120.8% Total Planning 60,616 -320,618 491,500 106% 827,424 827,424 62.9%1 Building IIII Permits and Fees General 100% 36,933 I 359,6911 268,580 134% 513,2511 513,251 70.1% Charges for Services General 100% 1.343 10,655 7,500 142% 15,896 15,896 67.0% Total Building 38,276 ".370,346 276,080 134% - - 529,147 529,147 70.0%~ Charges for Services (Sales) (Excludes$DCs) Elecbic 1,151,014 15,600,913 15,611,226 100% 14,615,484 14,615,484 106.7% Water 717,086 7,718,298 7,820,741 99% 7,230,361 7,230,361 106.7%1 Wastewater 58,378 5,784,580. 5,810,000 100% 5,487,662 5,487,662 105.4%1 Simmwater 495,239 697.510 690,000 101% 679,832 679,832 102.6%1 Telecommunication 189,872 , .2,314,262 2,139,010 104% 2,094,810 2,094,810 105.7%1 Total Sales 2,612,388 - -32,015,562 32,070,977 100% 30,108,149 30,108,149 106.3% Interest All Funds 70,104 ,708,809 252,775 260% 1406,879. 406,079 174.2% Properly Tax (Current Taxes) General 359,067 10,599,006 11,042,340 96% 10,098,053 10,098,853 105.0% Debt Svcs 15,910 478,359 477,140 100% 494197 492,197 972•A Total Taxes 374,117 11,077,364] 11,519,480 96% 40;597,069 10,591,049 Totals $ 5,73;155 $ 60,346,7921 $ 59,598,037 101% :8. .57,315,1171 E 57.280,283 105.3% 1t MfY18 emAVan Fe,~IWp,.LLn 28 MYAIB City of Ashland BepaNrenfal ftpense Report Preliminaay ClodnB as of MOWS (50% .1 Biennlam) lun Yeaioe0 BEYea. 9BImd. ..d, 6hrtM Bowe eYnml a Encum~md Ce n ®mWUm Blmabr, pee..el n n. Fa nt M m91mau9B Tnham9ay pa anmam I mam rt.ie~menamml I' e'suruq $ a%@t s ]ND] B)i; i BY.® I I.YB95 N01{ s eigL] s 5 918513 NC Malvmv05eum &1.10 9W,AJ IWA 100. $]19i i6D Se 9.af &Wv Sf l6 a9,1~ PR MBSOctl SxAn VAW] 1W.Op lR rel @aa p - f9,0.O `.aqt 950 'A I51% lv ~Zl60C6 ~9 W5W5 151; CQNIQOHy 9595 ]SIItl 381; M. i®,Ba j115163 NN 2P5.BD 13191 (1.W 393p3 •A3f6 391,0) 69R Wi0 @4J rt~lmmm.em5aa.m M1mJSma ~.A3 I.BA64s 0S1 Ri,R] 208$] (1A I.f@IIB - 1.1@110 Q]R Nag aNFaem 301,011 3M$le 03; D1,eP P9,~ 65.1; b[361 - 7001 2 2. Ci~IGeay IIW ]!,5➢ Ip Ilre R'./D 361f 11/OJ ~`111➢ ;9119s 6.R I,@],AI 191 65.R IAfyM IN,iM 91.514 I.W. On Po®dyN.a 1,9M¢tl I,T$~ 91. I.A=a J,Sf] R CIY 1,91303 1913&3 41; 1. WNfvtl9na 1blgA1 I.re1.9]f re.1; 1 ]91,b9 6]; I.il],IeS 5138 ItS2. 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Wl1 t 3SAw i s313w ens { 2®O.W i ID.61f i ;0® W.1 12 ArI FY18 PmoMnmy Financial Repad.saa 31 W0018 City of Ashland oepadmenial Eapenso Report Preliminary Closing as of 0202018 (50% of Biennium) Yev. QeYXe Yu Pomm Blennlxn nlmnlun Pertml Blhnnlnn Pomnlun Wmnlwn Portml Nl uknnlun fi Mm h mfM EMrta BuLOtl 6 mEad nu FnamGrtE vv a ea LIIy Recorder 4l,]f{ wlo wWA PevbSavm f I1245 f 19,eE ®51 1 112th 1 Y5.910 Un f 161511 1 - f Mail le 516E 8f ®t SSi ]a,eil ~ A® m51f Ide15vtl5evm Sf AE 984 IOl. rcW Cmnmmbm 1 f~1W tl5'1 f I PoI 1 N.,a fie 111 I, z", 19.1{ 12. 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E11 12 Jun FY18 PmEmin6 Fv..W RapW 1. 39 0242018 CRyof Ashland Departmental PSpense Report Preliminary Closing as of 613012018 (50% of Biennium) Yevl nlmnFim PerteN BImNUn ®mnlwn dmNUn PertallMBlmnlxn F n Fa eMW 'u=1 Pre~hEb I.. uuasA 91.T1 ]IpfA 0.®.ly] tlE E38,~ 2tB.®f 9E M1me15v.>$ ]I 91<i 91EBE 1@e//~ NB\ 4YO,AJ 2W; B,®,]11 ]IA We¢ISatlSm'~ L,IEaE eis l ff9 Lala'Blia/ a,4B1E 30,'su' IS5,1II f]fil 1®IE W.0a ]as W)PINI S~l)1] S al' on n[tleeun (®<R aaERa Is I619, <Y( 10¢NAY1 as aSA0,011 - Mal' on plaieem®Ya n. an a IA S l5 4 ~3M { 990Y1 Slee.~IpB Hef 12 Jun MB PreOminary %unclal Reportalsx 40 OMB Council Business Meeting October 2, 2018 Sale of a City-Owned Open Space Park Program Parcel Located at 380 Clay Agenda Item Street and known as parcel 391 El 1 C Tax lot 2504 and Purchase of Land for a Future Park Located at 0 E. Main and known as Parcel 391 El 1 CB Tax lot 200 From Michael A. Black, AICP Director, Ashland Parks and Recreation michael.black(a-)-ashland.or.us; 541-552-2251 SUMMARY Ashland Parks and Recreation Commission ( "APRC is proposing the sale of a 2.57 acre ( i z undeveloped parcel at 380 Clay Street, known as parcel 391 E 11 C tax lot 2504 of the Jackson Lot 200 County Assessors Map ("Lot 2504 This parcel is located immediately adjacent to the Snowberry 1 1! 1' f Brook development on the West and the YMCA ~A-4-`' iv, W. Park on the East. The property is considered part of the City's Open Space Park Program and - to :0 -t}lr~~1~11ri - requires a public hearing before the City Council it DOtUR„,UEWN riorto disposal of the ro ert,~~~I-' r'r' a:I p p. In this situation, the property is proposed to be ,6 °"I* ! I it I ~CR sold to the Housing Authority of Jackson County, 4 - - - - - - - a T % i~ - who, with the additional adjacent .78 acre parcel (in yellow) being sold by the City of Ashland. will zsoa N develop both parcels of land for affordable ! housing. r' s M w~ lrlo TUAM ST • iW The City and APRC sold the YMCA property immediately to the east of the subject parcel to the tR .~f i~rwrwi i~ >s~ YMCA in 2017 for $480,000. At the time it was r~ determined that the park was "disproportionately used by the YMCA for their growing programs ; which limits the free play time at the Park to those AS - times the YMCA does not have the facilities`~N°~T reserved. " The City Council approved the sale of - ``~Y~T the land in June of 2017. M..r APRC is committed to providing parks within each M u. neighborhood (1/4-mile radius) in the City of Ashland. With this in mind, we are proposing that the City Council approve the sale of the subject parcel to I IAJC to be used for the furtherance of affordable housing. Additionally, APRC will leverage the funds from the sale of Lot 2504 and of the YMCA property, existing CI P Page 1 of 4 CITY OF ASHLAND funds for a second dog park, and the funds from the sale of the subject parcel to develop another, larger, parcel in the immediate area. APRC is also proposing the purchase of a 5.5 acre parcel at 0 E. Main, known as parcel 3911311 CB tax lot 200 of the Jackson County Assessor's Map ("Lot 200 Lot 200 is located between E. Main and Abbott Ave, just east of Clay St. Lot 200 is listed for sale by Noriko Hansen, a local realtor, and APRC has worked with the realtor and currently has an option to purchase the property at a reduced rate of $1,000,000 from the appraised value $1,780,000. We are proposing to consolidate the public parks in this neighborhood on the 5.5 acre Lot 200 parcel for the following reasons: 1. Lot 200 is larger and more conducive to development as a park than the smaller 380 Clay St. parcel 2. Lot 200 is more accessible than Lot 2504 with double frontage and more housing units within walking distance 3. Selling Lot 2504 to the HAJC will allow for an increase in affordable housing for the City of Ashland 4. Lot 200 has 5.3 acres of irrigation water rights which will reduce water expenditures from the parks fund 5. The sale of Lot 2504 will yield a revenue of $1,100,000 for 2.57 acres (subject to appraisal) 6. The purchase of the larger 5.5-acre Lot 200 is under contract for $1,000,000 due to a generous gift from the owners of the property - the property appraises for $1,780,000; however, the owners have agreed to sell the land to APRC for $1.000.000 and donate the value of $780.000 so long as the property becomes a park. POLICIES, PLANS & GOALS SUPPORTED The Ashland Parks and Recreation Commissioners have adopted the following goals that support this proposal: • Update Trails and Open Space Comp Plans and continue to purchase land according to the plans. • Plan and build a second dog park on APRC property somewhere toward the south end of Ashland. PREVIOUS COUNCIL ACTION • In the summer of 2015, the City of Ashland and the Ashland Parks and Recreation Commission agreed to reduce the size of Lot 2504 by .61 acres to accommodate furtherance of affordable housing goals. • On June 20, 2017, the City Council approved the disposal of the YMCA Park for $480.000 to the Ashland Family YMCA. BACKGROUND AND ADDITIONAL INFORMATION In 2011, APRC agreed to the transfer of $1,350,000 to the City of Ashland in return for 3.18 acres of property known as Lot 2504. Lot 2504 was paid for by revenues from the Food and Beverage Tax, and, upon transfer, the property became part of the City's Parks and Open Space Program. The transfer of Lot 2504 from the City to parks property was predicated on the idea that the property could be consolidated with the existing YMCA Park to provide a much larger public facility. The original 3.18-acre of Lot 2504 was reduced by .61 acres when the City of Ashland and APRC transferred that sum of land back to the City for a future public lane and to provide more land for affordable housing. In essence, the request today for the sale of the property to the HAJC is predicated by a supporting transfer of a portion of the original parcel for the same purpose in 2015. Page 2 of 4 CITY OF ASHLAND Furthermore, in 2017 when it was decided that the YMCA property would revert back to the ownership of the YMCA, the effectiveness and overall appeal of the smaller 2.57 acres, which was the remnant of Lot 2504, as a park was questioned by the Parks Commissioners. A decision was made by APRC to explore options to acquire a more central and larger parcel that could serve the needs of the community better than the 2.57-acre Lot 2504. There are several factors that have led to the proposal to sell the remaining 2.57 acres of Lot 2504. to the HAJC. The most relevant of those factors are listed below: 1. Lot 2504 became less relevant as a park when the YMCA property was sold and therefore would be a limitation on the accessibility of public parkland in the area if it is still developed when another, larger, more accessible parcel could be developed as a park (i.e.: Lot 200). 2. Lot 2504 has already been partially reduced in size to support affordable housing goals, so a nexus exists between the City's goals of providing affordable housing and Lot 2504. 3. Fiscally, the public will benefit from the efforts of APRC to leverage existing resources to realize a park of more than double the size of the originally envisioned park, for the same price of land. a. Development costs will increase due to the larger park; however, it is clear that the use and enjoyment of the land will also increase proportionally on the larger parcel. 4. Lot 2504 did not have the requisite space to provide for an ideal park with all of the park uses that were being proposed. 5. The proposed 5.5-acre Lot 200 on E. Main will allow planners to expand on their design to include all of the proposed features of the new park, including an off-leash dog area, without sacrificing space. FISCAL IMPACTS The sale of the 2.57-acre Lot 2504 is expected to yield $9.75/sf for a total of $1,091.504. The option to purchase the 5.5 acre E. Main St. parcel is for $1,000,000 cash and $780,000 in donation from the owners of the property. With the anticipated sale price of the surplus property. APRC will have the funds required to purchase the proposed 5.5- acre Lot 200. The development of Lot 200 will be funded out of the Parks CIP budget which will include funds from several sources for a total of nearly $1,000,000 aside from the funds used purchase the land. Based on previous park development experience.. APRC is confident that we will be able to deliver the anticipated park for that price. STAFF RECOMMENDATION ARPC Staff and Commissioners are recommending that the City Council approve the sale of 2.57 acres of land at 380 Clay St. (parcel 391 E22C lot 2504) that is part of the Open Space Park Program for $1,091,504 to the Housing Authority of Jackson County and give authority to purchase 5.5 acres of land for a future park at E. Main (parcel 391EI ICB lot 200) for $1,000,000 in cash and $780,000 donation by the property owners. ACTIONS, OPTIONS & POTENTIAL MOTIONS If the council chooses to approve the sale of Lot 2504 and subsequent purchase of Lot 200, the following two motions should be stated: I move to approve the surplus and disposal of 2.57 acres of land, known as parcel 391 E22C lot 2504, and its subsequent removal from the Open Spacc Parks Program. Page 3 of 4 CITY OF ASHLAND I move to approve the purchase of 5.5 acres of land, known as parcel 391 El 1CB Lot 200, conditioned upon the successful sale and close of Lot 2504, and the addition of Lot 200 to the rolls of the Open Space Park Program. REFERENCES & ATTACHMENTS Attachment 1: Map of proposed properties Attachment 2: Notice of Public Hearing Attachment 3: Option Agreement for Sale to HAJC - 380 Clay St. Lot 2504 Attachment 4: Contingent Sale Agreement for 0 E. Main St. Lot 200 Page 4 of 4 CITY OF ASHLAND N Open Space Pan - _ East Main - E. MAIN Property Review PROPERTY 4.16.2018 - MAB Legend 7~ \ CLAY STREET I-- # I-_A' PROPERTY ~s AU RY R AA 1.- mm 9 M ~ oo s ~ R Duo _ u o eoo eoo a,zoo r"n Ashland Parks and Recreation Commission, 340 S. Pioneer St., Ashland, Oregon 97520 C I T Y OF 541-488-5340 www.ashland.or.us -AS H LAN D NOTICE OF PUBLIC HEARING SUBJECT PROPERTY: 380 Clay Street - Park Parcel OWNER/APPLICANT: City of Ashland/Ashland Parks and Recreation Commission DESCRIPTION: The Ashland Parks and Recreation Commission is proposing the sale of 2.57 acres of undeveloped park land at 380 Clay St. to the Housing Authority of Jackson County. The subject property was purchased as part of the Open Space and Park Program. The Charter of the City of Ashland requires that "before any land that... [has] been acquired for the Open Space Park Program [is] disposed of and released from the Program there shall be a public hearing." APRC is proposing to sell the subject property in order to purchase a larger nearby parcel more suitable for the development of a neighborhood park in the immediate area. A public hearing will be held on this matter at the October 2, 2018 City Council meeting. COMPREHENSIVE PLAN DESIGNATION: Multifamily Residential; ZONING: R-2; ASSESSOR'S MAP 391 E11 C; TAX LOT: 2504 HEARING DATE/LOCATION: OCTOBER 2, 2018 CITY COUNCIL CHAMBERS -1175 E. 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Medford, OR 97501 Recital 1 Seller desires to sell to Buyer and Buyer desires to purchase from Seller certain real property with all improvements located on it commonly known as Tax Lot 2504 of Jackson County Assessor's Mao No. 391E11C (the "Property"). The legal description will be supplied j with the preliminary title report. j Agreement Now, therefore, for valuable consideration, the parties agree as follows: E 1. Sale and Purchase. Buyer agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer for the sum of $1,091,505 (the "Purchase Price"). 2. Earnest Money. The sum of $N/A shall be paid by Buyer as earnest money, payable by j check and held in escrow, within 10 business days of this executed Option Agreement. The earnest money shall be applied to the Purchase Price on the Closing Date, as that term is defined below. 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1. At closing, the earnest money shall be credited to the Purchase Price. 1 3.2. At closing, Buyer shall pay the balance of the purchase price in cash. 4. Closing. Closing shall take place on or before November 15. 2018 (the "Closing Date"), or not less than 90 days after clearance of Clause "P" of the Addendum and or, at buyer's option, pending the resolution of outstanding matters related to the purchase of Tax Lot 2505 of Jackson County Assessor's Map No. 391E11 C from the City of Ashland at the offices of First American Title. Medford, OR. Each party shall pay one-half of the escrow fee and any transfer, excise, or sales tax assessed on the sale or contemplated by this Agreement. Buyer shall pay the recording fees for recording this Agreement or a memorandum of it. 5. Acceptance. This Agreement shall be null and void unless accepted by Seller, by Seller's execution of it, on or before September 23rd, 2018. 1-OPTION AGREEMENT AND. RECEIPT FOR EARNEST MONEY I I 6. Preliminary Title Report. Within 10 days after full execution of this Agreement, Seller shall furnish to Buyer a preliminary title report showing the condition of title to the property, together with copies of all exceptions listed therein (the "Title Report"). Buyer will have 15 business days from receipt of the Title Report to review the Title Report and to notify Seller, in writing, of Buyer's disapproval of any exceptions shown in the Title Report. Those exceptions not objected to by Buyer are referred to below as the "Permitted Exceptions." If Buyer notifies Seller of disapproval of any exceptions, Seller shall have 15 days after receiving the disapproval notice to either remove the exceptions or provide Buyer with reasonable assurances of the manner in which the exceptions will be removed before the transaction closes. If Seller does not remove the exceptions or provide Buyer with such assurances, Buyer may terminate this Agreement by written notice to Seller given within 15 days after expiration of such 15-day period, in which event the earnest money shall be refunded to Buyer and this Agreement shall be null and void. 7. Conditions 7.1. Buyer's obligation to purchase the Property is contingent on Buyer's approval of its physical inspections and studies of the Property, which may include, but shall not be limited to, environmental evaluations and surveys. Buyer shall have until the Closing Date to complete its physical inspections and studies of the Property. 7.2. Buyer and its agents shall have full access to the Property for the purpose of conducting Buyer's inspections. If Buyer is not satisfied, in its sole discretion, with the result of Buyer's inspections, Buyer may terminate this Agreement by written notice to Seller given at any time before the Closing Date set forth above, in which event the earnest money shall be refunded to Buyer. If Buyer fails to give any such notices of termination prior to such date, the respective condition will be deemed satisfied or waived. Buyer shall indemnify, hold harmless, and defend Seller from all liens, costs, and expenses, including reasonable attorney's fees and other costs of defense, arising from or relating to Buyer's, and Buyer's agents, activities on the Property. This Agreement to indemnify, hold harmless, and defend Seller shall survive closing or any termination of this Agreement. 8. Deed. On the Closing Date, Seller shall execute and deliver to Buyer a statutory warranty deed, conveying the Property to Buyer, free and clear of all liens and encumbrances except the Permitted Exceptions. 9. Title Insurance. Within 15 days after closing, Seller shall furnish Buyer with an owner's policy of title insurance in the amount of the Purchase Price, standard form, insuring Buyer as the owner of the Property subject only to the usual printed exceptions and the Permitted Exceptions. 10. Taxes; Pro Rates. Real property taxes for the current tax year and other usual items shall be prorated as of the Closing Date. 11. Possession. Buyer shall be entitled to possession immediately upon closing. 12. Seller's Representations. Seller represents and warrants to Buyer as follows: 2 - OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY 12.1. Seller has no knowledge and has received no written notice of any liens to be assessed against the Property. 12.2. Seller has no knowledge and has received no written notice from any governmental agency of any violation of any statute, law, ordinance, or deed restriction, rule, or regulation with respect to the Property. 12.3. Seller has no knowledge that the Property has ever been used for the storage or disposal of any hazardous material or waste. Seller has no knowledge of environmentally hazardous materials or wastes contained on or under the Property, and Seller has no knowledge that the Property has been identified by any governmental agency is a site upon which environmentally hazardous materials or wastes have been or may have been located or deposited. 12.4. All representations and warranties contained in this Agreement will survive closing and the conveyance of the Property to Buyer. 13. Binding Effect/Assignment Restricted. This Agreement is binding on and will inure to the benefit of Seller, buyer, and their respective heirs, legal representatives, successors, and assigns. 14. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If the conditions described in Section 7 above are satisfied or waived by Buyer and the transaction does not thereafter close through no fault of Seller before the close of business on the Closing Date, Buyer shall forfeit the earnest money deposit to Seller as liquidated damages, and this Agreement shall be of no further effect, it being the intention of the parties that Buyer may forfeit the earnest money and be free of any further obligations under this Agreement. If Seller fails to deliver the deed described in Section 8 above on the Closing Date or otherwise fails to consummate the transaction, the earnest money will be refunded to Buyer, but acceptance by Buyer of the refund will not constitute a waiver of other remedies available to Buyer. 15. Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 16. Notices. All notices and communications in connection with this Agreement shall be given in writing and shall be transmitted by certified or registered mail, return receipt requested, to the appropriate party at the address first set forth above. Any notice so transmitted shall be deemed effective on the date it is placed in the United States mail, postage prepaid. Either party may, by written notice, and designate a different address for purposes of this Agreement. 17. Entire Agreement. This agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the Property. This Agreement supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties. This Agreement may not be modified or amended except by a written agreement executed by both parties. 18. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the state of Oregon. 3 - OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY 19. Authority. The persons signing this Agreement on behalf of Buyer and Seller each, respectively, represent, covenant, and warrant that each has full right and authority to enter into this Agreement and to bind the party for whom such person signs this Agreement. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FORM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE GOVERNMENTAL PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY APPROVED USES, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.33 SIX AND SECTIONS 5TO 11, CHAPTER 42 FOUR, OREGON LAWS 2007, SECTIONS TWO TO 9 AND SEVENTEEN, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS2 TO 7, CHAPTER 8, OREGON LAWS 2010. . IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the last date entered underneath the signatures below. SELLER: BUYER: City of Ashland, Oregon Housing Authority of Jackson County Name: Name: 01ki4-A& ff~~ tt, Title: Ctrrrcce~(NK~ Title: ~ircc r ~.';<,c Dated: I Z4 (°y Dated: i ? -T 4-OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY ADDENDUM TO REAL ESTATE OPTION AGREEMENT This is an addendum to the Option Agreement and Receipt for Earnest Money dated: September 13th, 2018. Addendum No. 1 Buyer: Housing Authority of Jackson County Seller: City of Ashland The real property is described as: Tax Lot 2504 of Jackson County Assessor's Map No. 391 E11 C SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE OPTION AGREEMENT REFERENCED ABOVE. a. This Agreement is contingent on obtaining financing in the amount of 50% of the purchase price for a period of 24 months at an interest rate of 7% or less. b. Contingent that there being no easement, right of way, lien, encumbrance, bankruptcy or other restriction existing now or prior to closing which would adversely affect the use of the Property by the Buyer for the purpose of providing affordable multifamily rental housing. G. Contingent on City services and utilities adequate for a housing project of the maximum density allowed for the site, including but not limited to: natural gas, power, phone, water, trash, cable, sanitary sewer, and storm sewer. Seller hereby certifies that to the best of their knowledge all city services are adequate for such use at this time. d. Contingent on the Buyer or Buyer's lending institution to obtain a valuation appraisal satisfactory to Buyer. Appraisal must be at or above sales price. Buyer shall provide such appraisal report to Seller. Should Seller terminate this Purchase Agreement based upon the results of Appraisal Report, Seller shall reimburse Buyer for cost of said Appraisal. e. Contingent on the ability of the buyer to go forward with obtaining zoning adequate to develop Multifamily Housing, or verification by the City of Ashland satisfactory to Buyer that the current zoning allows such use. Seller hereby certifies that adequate zoning is currently in place. f. Contingent on the Buyer to obtain Environmental, Engineering, and Geotechnical Reports satisfactory to the Housing Authority Board of Directors. g. Contingent on the approval of the Housing Authority Board of Commissioners and Ashland City Council. h. Contingent upon Buyer's or Buyer's Lending Institution approval of preliminary title report of the subject property. i. Contingent upon buyer's satisfaction with the ability to obtain site plan approval to develop a multi-story multifamily housing project. Seller hereby certifies that there are currently no restrictions that would prohibit the development of a housing project in form substantially similar to the adjacent Snowberry Brook. 1-ADDENDUM TO REAL ESTATE OPTION AGREEMENT J. Except for Seller's or Buyer's express written agreements and written representations contained herein, buyer Is purchasing the property "as is" in its present condition and all defect apparent or not apparent. k. Seller shall provide Buyer all prior reports completed on the subject property including but not limited to: Environmental, Wetland or Vernal Pools, Geotechnical Engineering, Underground Storage Tank, Traffic Related, or Municipal Planning Reports. Seller represents and warrants to the best of Seller's ability that all known wetland Issues associated with the.property have been disclosed to the Buyer. 1. Seller hereby represents and warrants to the best of Sellers ability that all known environmental concerns, property contamination, landfills, dump sites, or storage of hazardous substances on the Property have been disclosed to the Buyer in writing. M. Seller hereby represents and warrants that Buyer shall have no responsibility to construct any roadways adjacent to the property, including but not limited to an extension of McCall Drive to Villard Street or an extension of Villard Street as necessary. n. Contingent on completion of an Environmental Review by the City of Ashland as the responsible entity, as required by HUD for the development of affordable housing. The costs of this review shall be the responsibility of the buyer. Because such review requires input from various governmental agencies, should an extension to the closing date be required to complete, such extension shall not be unreasonably withheld. 0. Contingent upon Buyers acquisition of adjacent Tax Lot 2505 of Jackson County Assessors Map No. 391 El 1 C owned by The City of Ashland. p. Offer is contingent upon Seller finding a suitable replacement property. q. Agreement is contingent on Buyers ability to obtain the following Federal HOME Program Forms signed by Seller: 1) Form 5A: Notice of Disclosure to Seller with Purchase Agreement 2) Form 5C: Notice of Disclosure to Seller of Fair Market Value 3) Form 5D: Sellers Occupancy Statement Buyer Signature Date` -Z-'"i ce AM 3rd PM Buyer Signature Date AM PM Seller Signature Date _AM PM Seller Signature Date _AM _PM 2-ADDENDUM TO REAL ESTATE.OPTION AGREEMENT OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY DATE: September 1311, 2018 SELLER: City of Ashland 20 E. Main St. Ashland, Oregon 97520 Attn: Adam Hanks BUYER: Housing Authority of Jackson County 2251 Table Rock Rd. Medford, OR 97501 Recital Seller desires to sell to Buyer and Buyer desires to purchase from Seller certain real property with all improvements located on it commonly known as Tax Lot 2505 of Jackson County Assessor's Map No. 391 El IC (the "Property"). The legal description will be supplied with the preliminary title report. Agreement Now, therefore, for valuable consideration, the parties agree as follows: 1. Sale and Purchase. Buyer agrees to purchase the Property from Seller and Seller agrees to sell the Property to Buyer for the sum of $268,238 (the "Purchase Price"). 2. Earnest Money. The sum of $N/A shall be paid by Buyer as earnest money, payable by check and held in escrow, within 10 business days of this executed Option Agreement. The earnest money shall be applied to the Purchase Price on the Closing Date, as that term is defined below. 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1. At closing, the earnest money shall be credited to the Purchase Price. 3.2. At closing, Buyer shall pay the balance of the purchase price in cash. 4. Closing. Closing shall take place on or before November 15, 2018 (the "Closing Date"), or, at buyer's option, pending the resolution of outstanding matters related to the purchase of Tax Lot 2504 of Jackson County Assessor's Map No. 391 E11 C from the City of Ashland at the offices of First American Title, Medford, OR. Each party shall pay one-half of the escrow fee and any transfer, excise, or sales tax assessed on the sale or contemplated by this Agreement. Buyer shall pay the recording fees for recording this Agreement or a memorandum of it. 5. Acceptance. This Agreement shall be null and void unless accepted by Seller, by Seller's execution of it, on or before September 23, 2018. 1- OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY 6. Preliminary Title Report. Within 10 days after full execution of this Agreement, Seller shall furnish to Buyer a preliminary title report showing the condition of title to the property, together with copies of all exceptions listed therein (the "Title Report"). Buyer will have 15 business days from receipt of the Title Report to review the Title Report and to notify Seller, in writing, of Buyer's disapproval of any exceptions shown in the Title Report. Those exceptions not objected to by Buyer are referred to below as the "Permitted Exceptions." If Buyer notifies Seller of disapproval of any exceptions, Seller shall have 15 days after receiving the disapproval notice to either remove the exceptions or provide Buyer with reasonable assurances of the manner in which the exceptions will be removed before the transaction closes. If Seller does not remove the exceptions or provide Buyer with such assurances, Buyer may terminate this Agreement by written notice to Seller given within 15 days after expiration of such 15-day period, in which event the earnest money shall be refunded to Buyer and this Agreement shall be null and void. 7. Conditions 7.1. Buyer's obligation to purchase the Property is contingent on Buyer's approval of its physical inspections and studies of the Property, which may include, but shall not be limited to, environmental evaluations and surveys. Buyer shall have until the Closing Date to complete its physical inspections and studies of the Property. j 7.2. Buyer and its agents shall have full access to the Property for the purpose of conducting Buyer's inspections. If Buyer is not satisfied, in its sole discretion, with the result of Buyer's inspections, Buyer may terminate this Agreement by written notice to Seller given at any time before the Closing Date set forth above, in which event the earnest money shall be refunded to Buyer. If Buyer fails to give any such notices of termination prior to such date, the respective condition will be deemed satisfied or waived. Buyer shall indemnify, hold harmless, and defend Seller from all liens, costs, and expenses, including reasonable attorney's fees and other costs of defense, arising from or relating to Buyer's, and Buyer's agents, activities on the Property. This Agreement to indemnify, hold harmless, and defend Seller shall survive closing or any termination of this Agreement. 8. Deed. On the Closing Date, Seller shall execute and deliver to Buyer a statutory warranty deed, conveying the Property to Buyer, free and clear of all liens and encumbrances except the Permitted Exceptions. 9. Title Insurance. Within 15 days after closing, Seller shall furnish Buyer with an owner's policy of title insurance in the amount of the Purchase Price, standard form, insuring Buyer as the owner of the Property subject only to the usual printed exceptions and the Permitted Exceptions. 10. Taxes; Pro Rates. Real property taxes for the current tax year and other usual items shall be prorated as of the Closing Date. 11. Possession. Buyer shall be entitled to possession immediately upon closing. 12. Seller's Representations. Seller represents and warrants to Buyer as follows 2 - OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY 12.1. Seller has no knowledge and has received no written notice of any liens to be assessed against the Property. 12.2. Seller has no knowledge and has received no written notice from any governmental agency of any violation of any statute, law, ordinance, or deed restriction, rule, or regulation with respect to the Property. 12.3. Seller has no knowledge that the Property has ever been used for the storage or disposal of any hazardous material or waste. Seller has no knowledge of environmentally hazardous materials or wastes contained on or under the Property, and Seller has no knowledge that the Property has been identified by any governmental agency is a site upon which environmentally hazardous materials or wastes have been or may have been located or deposited. I 12.4. All representations and warranties contained in this Agreement will survive closing and the conveyance of the Property to Buyer. 13. Binding Effect/Assignment Restricted. This Agreement is binding on and will inure to the benefit of Seller, buyer, and their respective heirs, legal representatives, successors, and assigns. 14. Remedies. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If the conditions described in Section 7 above are satisfied or waived by Buyer and the transaction does not thereafter close through no fault of Seller before the close of business on the Closing Date, Buyer shall forfeit the earnest money deposit to Seller as liquidated damages, and this Agreement shall be of no further effect, it being the intention of the parties that Buyer may forfeit the earnest money and be free of any further obligations under this Agreement. If Seller fails to deliver the deed described in Section 8 above on the Closing Date or otherwise fails to consummate the transaction, the earnest money will be refunded to Buyer, but acceptance by Buyer of the refund will not constitute a waiver of other remedies available to Buyer. 15. Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 16. Notices. All notices and communications in connection with this Agreement shall be given in writing and shall be transmitted by certified or registered mail, return receipt requested, to the appropriate party at the address first set forth above. Any notice so transmitted shall be deemed effective on the date it is placed in the United States mail, postage prepaid. Either party may, by written notice, and designate a different address for purposes of this Agreement. 17. Entire Agreement. This agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the Property. This Agreement supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties. This Agreement may not be modified or amended except by a written agreement executed by both parties. 18. Applicable Law. This Agreement shall be construed, applied, and enforced in accordance with the laws of the state of Oregon. 3 - OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY 19. Authority. The persons signing this Agreement on behalf of Buyer and Seller each, respectively, represent, covenant, and warrant that each has full right and authority to enter into this Agreement and to bind the party for whom such person signs this Agreement. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FORM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE GOVERNMENTAL PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY APPROVED USES, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301, AND 195.305 TO 195.33 SIX AND SECTIONS 5TO 11, CHAPTER 42 FOUR, OREGON LAWS 2007, SECTIONS TWO TO 9 AND SEVENTEEN, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS2 TO 7, CHAPTER 8, OREGON LAWS 2010. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the last date entered underneath the signatures below. SELLER: BUYER: City of Ashland, Oregon Housing Authority of Jackson County Name: Name: L.. Title: Title: Dated: Dated: 1 r 4 - OPTION AGREEMENT AND RECEIPT FOR EARNEST MONEY ADDENDUM TO REAL ESTATE OPTION AGREEMENT This is an addendum to the Option Agreement and Receipt for Earnest Money dated: September 13'h, 2018. Addendum No. 1 Buyer: Housing Authority of Jackson County Seller: City of Ashland The real property is described as: Tax Lot 2505 of Jackson County Assessor's Map No. 391 E11 C SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE OPTION AGREEMENT REFERENCED ABOVE. a. This Agreement is contingent on obtaining financing in the amount of 50% of the purchase price for a period of 24 months at an interest rate of 7% or less. b. Contingent that there being no easement, right of way, lien, encumbrance, bankruptcy or other restriction existing now or prior to closing which would adversely affect the use of the Property by the Buyer for the purpose of providing affordable multifamily rental housing. C. Contingent on City services and utilities adequate fora housing project of the maximum density allowed for the site, including but not limited to: natural gas, power, phone, water, trash, cable, sanitary sewer, and storm sewer. Seller hereby certifies that to the best of their knowledge all city services are adequate for such use at this time. d. Contingent on the Buyer or Buyer's lending institution to obtain a valuation appraisal satisfactory to Buyer. Appraisal must be at or above sales price. Buyer shall provide such appraisal report to Seller. Should Seller terminate this Purchase Agreement based upon the results of Appraisal Report, Seller shall reimburse Buyer for cost of said Appraisal. e. Contingent on the ability of the buyer to go forward with obtaining zoning adequate to develop Multifamily Housing, or verification by the City of Ashland satisfactory to Buyer that the current zoning allows such use. Seller hereby certifies that adequate zoning is currently in place for lots 2504 and 2505. f. Contingent on the Buyer to obtain Environmental, Engineering, and Geotechnical Reports satisfactory to the Housing Authority Board of Directors. g. Contingent on the approval of the Housing Authority Board of Commissioners. h. Contingent upon Buyer's or Buyer's Lending Institution approval of preliminary title report of the subject property. i. Contingent upon buyer's satisfaction with the ability to obtain site plan approval to develop a multi-story multifamily housing project. Seller hereby certifies that there are currently no restrictions that would prohibit the development of a housing project in form substantially similar to the adjacent Snowberry Brook on parcels 2504 and 2505. 1-ADDENDUM TO REAL ESTATE OPTION AGREEMENT j. Except for Seller's or Buyer's express written agreements and written representations contained herein, buyer Is purchasing the property "as Is" in its present condition and all defect apparent or not apparent. k. Seller shall provide Buyer all prior reports completed on the subject property including but not limited to:'Environmental, Wetland or Vernal Pools, Geotechnical Engineering, Underground Storage Tank, Traffic Related, or Municipal Planning Reports. Seller represents and warrants to the best of Sellers ability that all known wetland issues associated with the property have been disclosed to the Buyer. 1. Seller hereby represents and warrants to the best of Seller's ability that all known environmental concerns, property contamination, landfills, dump sites, or storage of hazardous substances on the Property have been disclosed to the Buyer in writing. M. Seller hereby represents and warrants that Buyer shall have no responsibility to construct any roadways adjacent to the property, including but not limited to an extension of McCall Drive to Villard Street or an extension of Villard Street as necessary. n. Seller hereby represents that they will bear all costs of relocating a water line located under the 7,000 square foot home proposed to be transferred to the Housing Authority. o. Contingent on completion of an Environmental Review by the City of Ashland as the responsible entity, as required by HUD for the development of affordable housing. The costs of this review shall be the responsibility of the buyer. Because such review requires input from various governmental agencies, should an extension to the closing date be required to complete, such extension shall not be unreasonably withheld. P. Contingent upon Buyer's acquisition of adjacent Tax Lot 2504 of Jackson County Assessor's Map No. 391 El 1C owned by The City of Ashland. q. Agreement is contingent on Buyer's ability to obtain the following Federal HOME Program Forms signed by Seller: 1) Form 5A: Notice of Disclosure to Seller with Purchase Agreement 2) Form 5C: Notice of Disclosure to Seller of Fair Market Value 3) Form 5D: Seller's Occupancy Statement Buyer Signature Date y 1 , -fl-AM _PM Buyer Signature Date AM _PM Seller Signature Date AM _PM Seller Signature Date AM _PM 2-ADDENDUM TO REAL ESTATE OPTION AGREEMENT DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 W00R E F Sale Agreement # 09052018-EP/EH FINAL AGENCY ACKNOWLEDGMENT 1 Both Buyer and Seller acknowledge having received the Oregon Real Estate Agency Disclosure Pamphlet, and hereby acknowledge and consent 2 to the following agency relationships in this transaction: 3 Eric Poole / Eric Herron (Name of Buyer's Agent(s)*), Oregon Lic. # 200212183 / 201218616 4 of Full Circle Real Estate (Name of Real Estate Firm(s)') 5 Buyer's Agent's Office Address 240 E Main St, Ashland, OR 97520-1831 Company Lic. # 200604291 6 Phone (541)482-6868 Fax E-mail 7 is/are the agent of (check one): ❑X Buyer exclusively ("Buyer Agency"). ❑ Both Buyer and Seller ("Disclosed Limited Agency"). 8 Noriko Hansen (Name of Seller's Agent(s)*), Oregon Lic. # 201207936 9 of Windermere Van Vleet & Associates (Name of Real Estate Firm(s)*) 10 Seller's Agent's Office Address 375 Lithia Way, Ashland, OR 97520 Company Lic. # 790200004 11 Phone (541)482-3786 Fax (541)482-4273 E-mail norikohansenowindermere.com 12 is/are the agent of (check one): ❑X Seller exclusively ("Seller Agency"). ❑ Both Buyer and Seller ("Disclosed Limited Agency"). 13 *If Buyer's and/or Seller's Agents and/or Firms are co-selling or co-listing in this transaction, all Agent and Firm names should be .as x 14 disclosed above. For directions on how to look up license numbers: https://orea.elicense.irondata.com/Lookup/LicenseLookup_~ 15 If both parties are each represented by one or more Agents in the same Real Estate Firm, and Agents are supervised by the same principal broker 16 in that Real Estate Firm, Buyer and Seller acknowledge that said principal broker shall become the disclosed limited agent for both Buyer and 17 Seller as more fully explained in the Disclosed Limited Agency Agreements that have been reviewed and signed by Buyer, Seller and Agent(s). 18 Buyer shall sign this acknowledgment at the time of signing this Agreement before submission to Seller. Seller shall sign this acknowledgment at the time this 19 Agreement is first submitted to Seller, even if this Agreement will be rejected or a counter offer will be made. Sellers signature to this Final Agency 20 Acknowled rrr,&ntu~ 9aelaogt constitute acceptance of this Agreement or any terms therein. 21 Buyer ,vl l( Q lA~ Print City of Ashland Date 9/5/2018 5:10 :e_ 2 PM PD-1 22 Buyer 1E08455A718D41D Print Date F' 23 Seller b[k 9y Print Fain Shaffer Date nq_n7-9o1A R 19 AM PnT f 24 Seller Print Bonnie Shaffer Date no-n6-9nla s n5 PM PDT F COMMERCIAL REAL ESTATE SALE AGREEMENT 25 THIS AGREEMENT IS INTENDED TO BE A LEGAL AND BINDING CONTRACT. IF IT IS NOT UNDERSTOOD, SEEK COMPETENT LEGAL 26 ADVICE BEFORE SIGNING. FOR AN EXPLANATION OF THE PRINTED TERMS AND PROVISIONS IN THIS FORM REGARDING TIMING, 27 NOTICE, BINDING EFFECT, ETC., SELLER AND BUYER ARE ENCOURAGED TO CLOSELY REVIEW SECTION 26 (DEFINITIONS AND 28 INSTRUCTIONS SECTION). 29 1. PRICE/PROPERTY DESCRIPTION: Buyer City of Ashland 30 31 offers to purchase from Seller Fain Shaffer, Bonnie Shaffer 32 33 the following described real property and all improvements theron (hereinafter "the Property") situated in the State of Oregon, County of Jackson 34 and commonly known or identified as (insert street address, city, zip code, tax identification number, lotlblock description, etc.) 35 0 E Main Street, Ashland, OR 97520 36 Map Lot / Tax Lot 10114946 / 200 37 (Buyer and Seller agree that if it is not provided herein, a complete legal description as provided by the title insurance company in accordance with 38 Section 8, below, shall, where necessary, be used for purposes of legal identification and conveyance of title.) 39 for the Purchase Price (in U.S. currency) of A $ 1,000,000.00 40 on the following terms: earnest money herein receipted for B $ 5,000.00 41 on , as additional earnest money, the sum of C $ 42 at or before Closing, the balance of down payment D $ 43 at Closing and upon delivery of ❑X DEED ❑ CONTRACT the balance of the Purchase Price E $ 995,000.00 44 shall be paid 8igeed in Financing Section of the Agreement. (Lines B, C D and E should equal Line A) IVLAP 9/5/2018 S:10:12 PM PDT Buyer Initials / Date Seller Initials / Date ng-n7-9n1A This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL - REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT - Page 1 of 11 Full Circle Real Estate, 240 E. Main Street Ashland OR 97520 Phone: 5416906736 Fax: Pads ,md Rec - F. Eric Ilerron Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com DigiSjgn Verified: 5800DA87-4676-4EO9-A765-411ECBB88247 I Sale Agreement # 09052018-EP/EH 45 2. FIXTURES/CONTROLS/KEYS/PERSONAL PROPERY: All fixtures and essential related equipment (e.g. remote controls , and all keys related to 46 Property including mailbox, outbuilding(s), etc), except as provided in this Section 2, all fixtures, including trade fixtures, are to be left upon the Property 47 as part of the Property being purchased, and all personal property is excluded from this transaction. 48 The following fixtures and/or trade fixtures are excluded from the Property being purchased: Horses. 49 50 51 The following personal property, in "AS-IS" condition is include as a part of the Property being purchased: 52 53 54 (Attach inventory if necessary.) If certain personal property that is to be included as a part of this sale is to have a separately stated value in 55 addition to the purchase price, the parties agree to attach a separate exhibit, jointly signed, identifying the stated value(s) of such property within 56 business days (five [5] if not filled in) following the date both parties have signed this Agreement. 57 FINANCING 58 3. BALANCE OF PURCHASE PRICE. (Select A or B) 59 A. ❑X This is an all cash transaction. Buyer to provide verification ("Verification") of readily available funds as follows (select only one): ❑ Buyer 60 has attached a copy of the Verification with the submission of this Agreement to Seller; ❑X Buyer will provide Seller with the Verification within 61 5 business days (five [5] if not filled in) after this Agreement has been signed and accepted; or ❑ Other (Describe): 62 63 Seller may notify Buyer, in writing, of Seller's unconditional disapproval of the Verification within 2 business days (two [2] if not filled in) 64 ("Disapproval Period") following its receipt by Seller. Provided, however, such disapproval must be objectively reasonable. Upon such disapproval, all 65 earnest money deposits shall be promptly refunded to Buyer and this transaction shall be terminated. If Seller fails to provide Buyer with written 66 unconditional disapproval of the Verification by 5:00 p.m, of the last day of the Disapproval Period, Seller shall be deemed to have approved 67 the Verification. If Buyer fails to submit a Verification within a time frame selected above, unless the parties agree otherwise in writing, all 68 earnest money deposits shall be promptly refunded and this transaction shall be terminated. 69 B. ❑ Balance of Purchase Price to be financed through one of the following Loan Programs (Select only one): ❑ Conventional; 70 ❑ Other (Describe): (hereinafter "Loan 71 Program"). Buyer agrees to seek financing through a lending institution or mortgage broker (hereinafter collectively referred to as 72 "Lender") participating in the Loan Program selected above. 73 C. Pre-Approval Letter. ❑ Buyer has attached a copy of a Pre-Approval Letter from Buyer's Lender, ❑ Buyer does no have a Pre-Approval 74 Letter at the time of making this offer; ❑ Buyer agrees to secure a Pre-Approval Letter and provide a copy to Seller as follows: 75 76 4.1 FINANCING CONTINGENCIES. If Buyer is financing any portion of the Purchase Price, this transaction is subject to the following financing 77 contingencies: (1) Buyer and the Property to qualify for the loan from Lender, (2) Lender's appraisal shall not be less than the Purchase Price, and, 78 (3) Other (Describe): 79 80 Except as otherwise provided herein, all Financing Contingencies are solely for Buyer's benefit and may be waived by Buyer in writing at any time. 81 4.2 FAILURE OF FINANCING CONTINGENCIES. If Buyer receives actual notification from Lender that any Financing Contingencies identified 82 above have failed or otherwise cannot occur, Buyer shall promptly notify Seller, and the parties shall have business days (two [2] if not filled 83 in) following the date of Buyer's notification to Seller to either (a) Terminate this transaction by signing a Termination Agreement (OREF-057) 84 and/or such other similar form as may be provided by Escrow, or (b) Reach a written mutual agreement upon such price and terms that will permit 85 this transaction to continue. Neither Seller nor Buyer is required under the preceding provision (b) to reach such agreement. If (a) or (b) fail to occur 86 within the time period identified in this Section 4.2, this transaction shall be automatically terminated and all earnest money shall be promptly 87 refunded to Buyer. Buyer understands that upon termination of this transaction, Seller shall have the right to immediately place the Property back on 88 the market for sale upon any price and terms as Seller determines, in Seller's sole discretion. 89 4.3 BUYER REPRESENTATION REGARDING FINANCING: Buyer makes the following representations to Seller: (1) Buyer's completed loan 90 application, as hereinafter defined, shall be submitted to the Lender that provided the Pre-Approval Letter, a copy of which has been delivered to 91 Seller, or will be, pursuant to Section 3C, above. 92 (2) Buyer shall submit to Buyer's Lender a completed loan application for purchase of the Property not later than business days (three 93 [3] if not filled in) following the date Buyer and Seller have signed and accepted this Agreement. A "completed loan application" shall include the 94 following information: (i) Buyer's name(s); (ii) Buyer's income(s); (iii) Buyer's social security number(s); (iv) the Property address; (v) an estimate of 95 the value of the Property; and (vi) the loan amount sought. Buyer Initial / Date 9/5/2018 5:10 12 PM PDT Seller Initials / Date 09-07-2018 This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT - Page 2 of 11 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zi LLogix com Parks and R" - F:. DigiSign Verified: 5800DA87-4676-4E09-A765-411 ECBB88247 I Sale Agreement # 09052018-EP/EH 96 (3) Buyer agrees that if Buyer intends to proceed with the loan transaction, Buyer will so notify Lender within business days (three [3] if not filled in - 97 but not to exceed ten [10]) in such form as required by said Lender, following Buyer's receipt of Lender's Loan Estimate. Upon request, Buyer shall 98 promptly notify Seller of the date of Buyer's signed notice of intent to proceed with the loan. 99 (4) Buyer will thereafter complete all paperwork requested by the Lender in a timely manner, and exercise best efforts (including payment of all 100 application, appraisal and processing fees, where applicable) to obtain the loan. 101 (5) Buyer understands and agrees that Buyer may not replace the Lender or Loan Program already selected, without Seller's written consent, which 102 may be withheld in Seller's sole discretion. 103 (6) Following submission of the loan application, Buyer agrees to keep Seller promptly informed of all material non-confidential developments 104 regarding Buyer's financing and the time of Closing. 105 (7) Buyer shall make a good faith effort to secure the ordering of the Lender's appraisal no later than expiration of the Inspection Period at Section 10 106 of this Agreement, (or Section 1 of the OREF 058 Professional Inspection Addendum if used). 107 (8) Buyer currently has liquid and available funds for the earnest money deposit and down payment sufficient to Close the transaction described 108 herein and is not relying upon any contingent source of funds (e.g., from loans, gifts, sale or closing of other property, 401 K disbursements, etc.), 109 except as follows (describe): Sale is contingent on the successful sale of Clay St., Ashland, OR 97520; Map/Tax Lot: 11 o 391 E11 C/2504. 111 112 (9) Buyer authorizes Buyer's Lender to provide non-confidential information to Buyer's and Seller's Agents regarding Buyer's loan application 113 status. 114 5.1 INSURANCE: Buyer is encouraged to promptly verify the availability and cost of property/casualty/fire insurance that will be secured for the 115 Property. Additionally, Lenders may require proof of property/casualty/fire insurance as a condition of the loan. 116 5.2 FLOOD INSURANCE; ELEVATION CERTIFICATE: If the Property is located in a designated flood zone, flood insurance may be required as a 117 condition of a new loan. Buyer is encouraged to promptly verify the need, availability, and cost of flood insurance, if applicable. An Elevation 118 Certificate ("EC") is the document used by the federal National Flood Insurance Program ("NFIP") to determine the difference in elevation between a 119 home or building, and the base flood elevation ("BFE"), which is a computed elevation to which floodwater is anticipated to rise during certain floods. 120 The amount of the flood insurance premium for a particular property is based upon the EC. Not all properties in flood zones require an EC, 121 depending upon when they were constructed. ECs must be prepared and certified by a land surveyor, engineer, or architect who is authorized by the 122 local jurisdiction to certify elevation information. The costs and fees for an EC may range from a few hundred dollars to over a thousand. If the 123 Property requires an EC, it will need to be obtained prior to receiving a flood insurance quote. Additionally, Lenders may require an EC as 124 a condition of loan approval. For more information, go to the following link: http:/twww.fema.gov/base-flood-elevation 125 6. SELLER-CARRIED FINANCING (E.G., LAND SALE CONTRACT/TRUST DEED/MORTGAGE/OPTION AGREEMENTS, RENT-TO-OWN, 126 ETC.): Notice to Buyer and Seller: If this transaction involves a land sale contract, trust deed, mortgage, option, or lease-to-own agreement 127 (hereinafter a "Seller Carried Transaction"), Oregon law requires that, unless exempted, individuals offering or negotiating the terms must hold a 128 mortgage loan originator ("MLO") license. Your real estate agent is not qualified to provide these services or to advise you in this regard. Legal 129 advice is strongly recommended. Oregon law exempts the following individuals from the MLO licensing law: (a) Those who offer or negotiate terms 130 of a residential mortgage loan with or on behalf of their spouse, child, sibling, parent, grandparent, grandchild or a relative in a similar relationship 131 created by law, marriage or adoption, (b) Those who sell their primary residence they currently or previously lived in; and (c) Individuals who sell up 132 to three (3) non-primary residences during any 12-month period. (Note: One may not hold more than eight residential mortgage loans at one time.) If 133 this is a Seller-Carried Transaction, and one or more of the preceding exemptions apply, Buyer and Seller agree as follows (select only one): 134 ❑ (a) Secure separate legal counsel to negotiate and draft the necessary documents, or 135 ❑ (b) Employ an MLO; or 136 ❑ (c) Use the OREF 033 Seller-Carried Transaction Addendum and related forms. 137 Seller and Buyer agree that regardless of whether (a), (b), or (c) is selected, they will reach a signed written agreement upon the terms and 138 conditions of such financing (e.g. down payment, interest rate, amortization, term, payment dates, late fees, balloon dates, etc.) within business 139 days (ten [10] if not filled in) commencing on the next business day following the date they have signed and accepted this Sale Agreement 140 ("Negotiation of Terms Period"). Upon failure of Buyer and Seller to reach agreement by 5:00 p.m. on the last day of the Negotiation of Terms 141 Period, or such other times as may be agreed upon in writing, all earnest money deposits shall be refunded to Buyer and this transaction shall be 142 automatically terminated. Caveat: Buyer's and Seller's Agents are not authorized to render advise on these matters. Buyer and Seller are 143 advised to secure competent legal advice while engaged in a Seller-Carried Transaction. DS Buyer Initial 1145 / Date 9/5/2018 5 : 1 :12 PM PDT Seller Initials / Datena-01-2012 2,12 AM PD This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL F- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT - Page 3 of 11 Produced with zip Fcrm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.ccm Parks and Rec - E. DigiSjgn Verified: 5800DA87-4676-4E09-A765-41 IECBB88247 Sale Agreement # 09052018-EP/EH 144 7. ADDITIONAL FINANCING PROVISIONS (e.g. Closing: Costs): Buyer acknowledges Sellers' donation of approximately $780,000.00 in 145 real property donation. The entity of which this donation will be made to will be determined by October 1. 2018 and executed at closing. 146 147 CONTINGENCIES 148 8. TITLE INSURANCE: Upon signature and acceptance of this Agreement by Buyer and Seller SELIer "JI[I a. Sellers S~Ic exp ion, j, 0 t t ply uid~r 149 from the title insurance company selected at Section 18 below, a preliminary title report and copies of all documents of record ("the Report and 150 Documents of Record") for the Property, and furnish them to Buyer at Buyer's contact location as defined at Section 26(3) below. Unless otherwise 151 provided herein, this transaction is subject to Buyer's review and approval of the Report and Documents of Record (If, upon receipt, the Report 152 and Documents of Record are not fully understood, Buyer should immediately contact the title insurance company for further 153 information or seek competent legal advice). The Buyer's and Seller's Agents are not qualified to advise on specific legal or title issues.) 154 Upon receipt of the Report and Documents of Record Buyer shall have 5 business days (five [5] if not filled in) within which to notify Seller, in 155 writing, of any matters disclosed in the Report and Documents of Record which is/are unacceptable ("the Objections"). Buyer's failure to timely 156 object in writing, shall constitute acceptance of the Report and/or Documents of Record. However, Buyer's failure to timely object shall not relieve 157 Seller of the duty to convey marketable title to the Property pursuant to Section 24, below. If, within 5 business days (five [51 if not filled in) 158 following Seller's receipt of the Objections, Seller fails to remove or correct the matters identified therein, or fails to give written assurances 159 reasonably satisfactory to Buyer, that they will be removed or corrected prior to Closing, all earnest money shall be promptly refunded to Buyer, and 160 this transaction shall be terminated. This contingency is solely for Buyer's benefit and may be waived by Buyer in writing. Within thirty (30) days 161 after Closing, the title insurance company shall furnish to Buyer, an owner's standard form policy of title insurance insuring marketable title in the 162 Property to Buyer in the amount of the Purchase Price, free and clear of the Objections, if any, and all other title exceptions agreed to be removed 163 as part of this transaction. (Note: This Section 8 provides that Seller will pay for Buyer's standard owner's policy of title insurance. In 164 some areas of the country, such a payment might be regarded as a "seller concession." Under the TILA/RESPA Integrated Disclosure 165 Rules ["the Rules'], there are limitations, regulations and disclosure requirements on "seller concessions", unless the product or 166 service paid for by the Seller was one customarily paid by sellers in residential sales transactions. In Oregon, sellers customarily and 167 routinely pay for their buyer's standard owner's policy of title insurance. Accordingly, unless the terms of this Section 9 are modified in 168 writing by Buyer and Seller, the parties acknowledge, agree and so instruct Escrow, that in this transaction, Seller's payment of Buyer's 169 standard owner's policy of title insurance is not a "seller concession" under the Rules or any other federal law.) 170 9. INSPECTIONS/ENVIRONMENTAL HEALTH CONDITIONS: The following list identifies some, but not all, environmental conditions that may be 171 found in and around all real property that may affect health: Asbestos, carbon monoxide, electric and magnetic fields, formaldehyde, lead and other 172 contaminants in drinking water and well water, lead based paint, mold and mildew, radon, and leaking underground storage tanks. If Buyer has any 173 concerns about these conditions or others, Buyer is encouraged to secure the services of a licensed professional inspector, consultant, or health 174 expert, for information and guidance. Neither the Buyer's nor Seller's Agents are experts in environmental health hazards or conditions. Buyer 175 understands that it is advisable to have a complete inspection of the Property by qualified licensed professional(s) relating to such 176 matters as structural condition, soil condition/compaction/stability, environmental issues, survey, zoning, operating systems, and 177 suitability for Buyer's intended purpose. Neither the Buyer's nor Seller's Agents are qualified to conduct such inspections and shall not 178 be responsible to do so. If some or all of the Property includes residential housing, Buyer is encouraged to review the Oregon Property 179 Buyer Advisory htto /AAtww oreaonrealtors orr /resources/membership-resources/buyer-seller-advisories and the Oregon Public Health Division at 180 htti)://public.health.ore<ion.aov/Pages/Home.asi)x 181 Check only one box below: 182 0 LICENSED PROFESSIONAL INSPECTIONS: At Buyer's expense, Buyer may have the Property and all elements and systems thereof inspected 183 by one or more licensed professionals of Buyer's choice. Provided, however, Buyer must specifically identify in this Agreement any desired 184 invasive inspections that may include testing or removal of any portion of the Property including, for example, including radon and mold. Buyer 185 understands that Buyer is responsible for the restoration of the Property following any inspection(s)/test(s) performed by Buyer or on Buyer's behalf. 186 Buyer shall have 30 business days (ten [10] if not filled in), after the date Buyer and Seller have signed and accepted this Agreement (hereinafter 187 "the Inspection Period"), in which to complete all inspections and negotiations with Seller regarding any matters disclosed in any inspection report. 188 Buyer shall no provide all or any portion of the inspection reports to Seller unless requested by Seller. However, at any time during this 189 transaction, or promptly following termination, upon request by Seller, Buyer shall promptly provide a copy of such reports or portions of reports, as 190 requested. During the Inspection Period, Seller shall not be required to modify any terms of this Agreement already reached with Buyer. Unless a 191 written agreement has already been reached with Seller regarding Buyer's requested repairs, at any time during the Inspection Period, Buyer may 192 notify Seller, in writing, of Buyer's unconditional disapproval of the Property based on any inspection report(s), in which case, all earnest money 193 deposits shall be promptly refunded, and this transaction shall be terminated. If Buyer fails to provide Seller with written unconditional 194 disapproval of any inspection report(s) by 5:00 P.M. of the final day of the Inspection Period, Buyer shall be deemed to have accepted the 195 DS A- 4.9 IvLau Buyer Initial / Date 9/5/2018 5: 0:12 PM PDT Seller Initials / Date os-o7-zo1sE:1zAMP AT This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL e- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC ORE F 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 4 of 11 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogix.com Parts and R- - E. Di(riSicyn Verified: 5800DA87-4676-4E09-A765-41 IECBB88247 I Sale Agreement # 09052018-EP/EH 196 condition of the Property. Note that if, prior to expiration of the Inspection Period, written agreement is reached with Seller regarding Buyer's 197 requested repairs, the Inspection Period shall automatically terminate, unless the parties agree otherwise in writing. 198 Identify Invasive Inspections: 199 ❑ BUYER'S WAIVER OF INSPECTION CONTINGENCY: Buyer represents to Seller and all Agents and Firms that Buyer is fully satisfied with the condition 200 of the Property and all elements and systems thereof and knowingly and voluntarily elects to waive the right to have any inspections performed as a 201 contingency to the Closing of this transaction. Buyer's election to waive the right of inspection is solely Buyer's decision and at Buyer's own risk. 202 10. LEAD-BASED PAINT CONTINGENCY PERIOD: If the Property was constructed before 1978, on or promptly after the date the parties have 203 signed and accepted this Agreement, Seller shall deliver to Buyer OREF 021, the Lead-Based Paint Disclosure Addendum ("the Disclosure 204 Addendum"), together with the EPA Pamphlet entitled "Protect Your Family From Lead in Your Home" (the "Date of Delivery"). Unless waived by 205 Buyer in writing in the Disclosure Addendum, Buyer shall have ten (10) calendar days or other mutually agreed upon period) commencing on the day 206 following the Date of Delivery, within which to conduct a lead-based paint assessment or inspection (the "LBP Contingency Period"). If lead-based 207 paint and/or lead-based paint hazards are identified in the Property by a certified inspector at any time before expiration of the LBP Contingency 208 Period, Buyer may unconditionally cancel this transaction by written notice to Seller ("Notice of Cancellation"). In such case, Buyer shall deliver a 209 copy of any written reports or evaluations (collectively "Reports") to Seller, together with the Notice of Cancellation, and thereafter receive a prompt 210 refund of all earnest money deposits Buyer understands that the failure to deliver the Notice of Cancellation to Seller together with the 211 Reports on or before Midnight of the last day of the LBP Contingency Period shall constitute acceptance of the condition of the Property 212 as it relates to the presence of lead-based paint or lead-based paint hazards, and the LBP Contingency Period shall automatically expire. 213 11. SELLER'S DOCUMENTS: (checkone): []Seller has previously delivered to Buyer copies of all documents containing material information about the 214 Property that Seller has in Seller's possession or control including but not limited to documents and records relating to the ownership, operation and 215 maintenance of the Property (hereinafter "Relevant Business Documents"). ❑X Seller agrees that within 10 business days (ten (101 if not filled in) following 216 the date Buyer and Seller have signed and accepted this Agreement, Seller will deliver to Buyer Relevant Business Documents. In addition to Relevant 217 Business Documents, Seller shall, within the same period as provided in this Section 11, deliver to Buyer the following additional information: See 218 Addendum "B". Exhibit A and Attached Vacant Land Disclosure. 219 12. PROPERTY DISCLOSURE LAW: Buyer and Seller acknowledge that unless this transaction is otherwise exempted, Oregon law provides that 220 Buyer has a right to revoke Buyer's offer by giving Seller written notice thereof (a) within five (5) business days after Seller's delivery of Seller's 221 Property Disclosure Statement ("the Statement"), or (b) at any time before Closing (as defined in the Oregon Administrative Rules) if Buyer does not 222 receive the Statement from Seller before Closing. Buyer may waive the right of revocation only in writing. Seller authorizes Seller's Agent's Firm to 223 receive Buyer's notice of revocation, if any, on Seller's behalf. 224 225 SELLER REPRESENTATIONS 226 13. SELLER REPRESENTATIONS: Subject to other written disclosures made by Seller as a part of this transaction, Seller makes the 227 following representations to Buyer: 228 (1) Seller has full and complete authority to enter into this Agreement and convey the Property in accordance with the terms hereof. 229 (2) Seller has no notice from any governmental agency of a condemnation, environmental, zoning or similar proceeding, existing or 230 planned, which could affect the use, development, operation or value of the Property. 231 (3) Seller has no knowledge of any hazardous substances in or about the Property. 232 (4) Seller knows of no material structural defects in or about the Property. 233 (5) All electrical wiring, heating, cooling, plumbing and irrigation equipment and systems and the balance of the Property, including 234 landscaping, if any, will be in substantially its present condition at the time Buyer is entitled to possession. 235 (6) Seller has no notice of any liens or assessments to be levied against the Property. 236 (7) Seller has no notice from any governmental agency of any violation of law relating to the Property. 237 (8) Seller is not a "foreign person" under the Foreign Investment in Real Property Tax Act ("FIRPTA") as defined in this Agreement. 238 (9) Seller knows of no material discrepancies between visible lines of possession and use (such as existing fences, hedges, landscaping, 239 structures, driveways, and other such improvements) currently existing on the Property offered for sale and the legal description of the Property. 240 (10) Seller w' the Property fully insured through Closing. Buyer Initials lvuap/ Date 9/5/2018 0:12 PM PDT Seller Initials 5 / Date na-nz-2n1s s 1~ AM P _BLV This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL F- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 5 of 11 Produced with zipFormg by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 www zipLogix.com Pm 6s and Rec - E. DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 Sale Agreement # 09052018-EPIEH 241 (11) Seller agrees to promptly notify Buyer if, prior to Closing, Seller receives actual notice of any event or condition that could result in 242 making any previously disclosed material information relating to the Property substantially misleading or incorrect. 243 These representations are made to the best of Seller's knowledge. Seller may have made no investigations. Exceptions to items (1) 244 through (11) are: (For more exceptions see Addendum 245 Buyer acknowledges that the above representations are not warranties regarding the condition of the Progeny and are not a substitute for nor in 246 lieu of Buyer's own responsibility to conduct a thorough and complete independent investigation including the use of Professionals where 247 appropriate regarding all material matters bearing on the condition of the Propertyits value and its suitability for Buyer's intended use. Neither 248 Buyer's nor Seller's Agents shall be responsible for inspecting or conducting any investigation of any aspects of the Property. 249 14.1 SELLER ADVISORY: OREGON STATE TAX WITHHOLDING OBLIGATIONS. Subject to certain exceptions, Escrow is required to withhold a 250 portion of Seller's proceeds if Seller is a non-resident individual or corporation as defined under Oregon law. Buyer and Seller agree to cooperate 251 with Escrow by executing and delivering any instrument, affidavit or statement as requested, and to perform any acts reasonable or necessary to 252 carry out the provisions of Oregon law. 253 14.2 SELLERIBUYER ADVISORY: FIRPTA TAX WITHHOLDING REQUIREMENT: Seller and Buyer are advised that upon Closing, a Federal law, known 254 as the Foreign Investment in Real Property Tax Act ("FIRPTA"), requires buyers to withhold a portion of a seller's proceeds if the real property is located within 255 the United States and the seller is a'roreign person" who does not qualify for an exemption ('Withholding Requirementl. A "foreign person" includes a non- 256 resident alien individual, foreign corporation, foreign partnership, foreign trust or a foreign estate. Generally, the following roles apply under FIRPTA: 257 (a) There is no Withholding Requirement, even if the seller is a "foreign person", if. The purchase price of the property is not more than $300,000; and (i) The 258 property will be occupied as a residence by a buyer who is an individual (or a member of his/her family) (ii) for at least 50% of the number of days (excluding 259 days the property is vacant) it is used by such person during each of the first two 12-month periods following the date of dosing; 260 (b) The Withholding Requirement will be ten percent (10%) of the purchase price when the seller is a 'foreign person" and the purchase price is over 261 $300,000, but less than $1,000,000, and (a)(li) and (i) above apply; and 262 (c) The Withholding Requirement will be a fifteen percent (15%) of the purchase price when the seller is a "foreign person" and the purchase price is 263 over $1,000,000, or the purchase price is $1,000,000 or less and Seller does not qualify for any of the exemptions in (a) or (b) above. 264 If FIRPTA applies (i.e. Seller is a foreign person), even if there is an exemption, Seller and Buyer must complete and sign the OREF 093 FIRPTA 265 Addendum. If FIRPTA does no apply (i.e. seller is not a foreign person), then Seller shall, upon Buyer's request, complete, sign, and deliver to 266 Buyer a FIRPTA Certification of Non Foreign Status ("the Certificate") prior to Closing. If Seller fails or refuses to complete, sign, or deliver the 267 Certificate to Buyer prior to Closing, Seller understands and agrees that the Withholding Requirement shall apply to this transaction. Seller's and 268 Buyers Agents are not experts in FIRPTA and will not act as a transferor or transferee agent for purposes of the kythholding Requirement If 269 FIRPTA may apply in this transaction, Seller and Buyer should promptly consult their own experts familiar with the law and regulations. For 270 further information, Seller and Buyer should go to: httpsYAw .irsgov/individualsrntema6onal-taxpayerslrirpta-withholding 271 15. "AS-IS": Except for Seller's express written agreements and written representations contained herein, Buyer is purchasing the Property "AS- 272 IS," in its present condition and with all defects apparent or not apparent 273 MISCELLANEOUS ITEMS 274 16. EXISTING LEASES: The Property (check one): ❑is ❑X is not subject to one or more existing leasehold interests, which Seller represents and 275 warrants are current and free from default. If applicable, Seller agrees to deliver complete and legible copies of the written lease(s) to Buyer for 276 reviewwithin 5 business days (three [3] if not filled in) following the date Buyer and Seller have signed this Agreement. Buyer and Seller 277 shall have 5 business days (five [5] if not filled in) following Buyer's receipt of all lease(s) within which to reach a signed written agreement 278 with Seller regarding Buyer's approval of the lease(s) and the conditions, if any, under which they will be assumed and/or assigned. In the event 279 such written agreement is not reached within the time provided herein, all earnest money shall be refunded to Buyer, and this transaction shall be 280 terminated. This condition is for the benefit of both Buyer and Seller, and may not be waived by either party without the other's written consent. 281 17. ADDITIONAL PROVISIONS AND CONDITIONS TO PURCHASE: Addendum "B" represents terms of this agreement. Any 282 inconsistencies with this agreement will be resolved in favor of Addendum "B". 283 284 For additional provisions, see Addendum ps Buyerlnitial / Date 9 5 2018 S: 0:12 PM PDT Seller Initials / Date 09-07-2018 8 12 AM P+ This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL . REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 6 of 11 Produced with zipF0=1Dby#Logix 16070 Fifteen Mile Read, Fraser, Miahigan46026 wwwmtoaixmm Part ana Rea-e. DigiSign Verified: 5800DA87-4676-4EO9-A765-411ECBB88247 Sale Agreeri 09052018-EPIEH 285 CLOSING/ESCROW 286 18. ESCROW: This transaction shall be Closed at First American Title Company ("Escrow'), 287 a neutral escrow located in the State of Oregon. Costs of Escrow shall be shared equally between Buyer and Seller, unless otherwise provided herein. 288 Unless otherwise provided herein, the parties agree as follows: Seller authorizes Seller's Agent's Finn to order a preliminary life report and owners title policy 289 at Seller's expense and further authorizes Escrow to pay out of the rash proceeds of sale the expense of furnishing such policy, Seller's recording fees, 290 Seller's Closing costs and any encumbrances on the Property payable by Seller on or before Closing. Buyer shall deposit with Escrow sufficient funds 291 necessary to pay Buyer's recording fees, Buyers Closing costs, and Lenders fees, if any. Real estate fees, commissions or other compensation for 292 professional real estate services provided by Buyers or Sellers Agent's Firms shall be paid at Closing in accordance with the listing agreement, buyer service 293 agreement or other written agreement for compensation. 294 19. PRORATIONS: Prorates for rents, current years real and pe on erty taxes, interest on assumed obligations, and other prepaid expenses 295 attributable to the Property shall be prorated as of (check one): M the losing te; ❑ date Buyer is entitled to possession; or❑ 296 20. EARNEST MONEY DEPOSIT(S) AND BUYER INSTRUCTIONS: When this Sale Agreement is signed and accepted by Buyer and Seller, the 297 following instructions shall immediately apply to the handling of Buyer's earnest money deposit in the sum of $ 5.000.00 ('the 298 Deposit') . 299 20.1 The Deposit shall be payable by wire transfer or check and deposited within 5 (three [3] if not filled in) business days (the "Deposit 300 Deadline") as follows (check all that apply): 301 ❑ Directly with Escrow; 302 ❑ Directly into Buyer's Agent's Firm's client trust account and remain there until disbursement at Closing; and/or 303 ❑ Directly into Buyers Agent's Firm's client trust account and thereafter deposit with Escrow/Title Company prior to Closing; 304 ❑As follows: 305 Caution: The Deposit, payable by whatever method selected by Buyer above, shall be placed with Escrow or Buyers Agent's Firm's Client Trust 306 account no later than 5:00 pm on the last day of the Deposit Deadline. The failure to do so may result in a breach of the Sale Agreement under 307 EARNEST MONEY REFUND TO BUYERIEARNEST MONEY PAYMENT TO SELLER PAYMENTIREFUND sections below. 308 20.2 If an additional Deposit ("Additional Deposit') is to be paid, it shall be handled in accordance with the above-selected instructions, or (Describe): 309 310 20.3 Once the Deposit, and Additional Deposit, if any, is/are placed with Escrow, Seller's and Buyer's Agents and Firms shall have no further 311 responsibility to Buyer or Seller regarding said funds. 312 20.4 Non-refundable Deposit (Do not complete A and B, below, unless the deposit is intended to become nonrefundable. Ndeposit(s) isiare in Escrow, 313 additional written instructions may be necessary) Buyer and Seller agree that (Check one or both of the following two boxes): 314 ❑ the earnest money deposit of $ and/or ❑the additional eamest money deposit of $ shall become nonrefundable for 315 all purposes except those cases in which Sellers default results in a failure of this transaction to Close in accordance with this Agreement: 316 A. Terms of disbursement/hold1ng of nonrefundable deposit (Select only one of the following three boxes below): 317 ❑ Disburse directly to Seller as follows: 318 319 ❑ Remain in Escrow and disburse to Seller upon Closing or earlier termination of this transaction, or 320 ❑ Remain in Selling Finn's client trust account and disburse to Seller upon Closing or earlier termination of this transaction. 321 B. Eventitiming of non-refundability 322 The deposit(s) shall become nonrefundable immediately upon the occurrence ofthe following (SeleUOnlyone ofthe following fourboxes in B.) 323 ❑ (insert date) 324 ❑ (insert event) 325 ❑ (insert conditions to be satisfied or waived after which time disbursement shall occur) 326 327 ❑ Other: 328 329 21. EARNEST MONEY DEPOSIT INSTRUCTIONS TO ESCROW: Escrow is hereby instructed by Buyer and Seller as follows: (1) Upon your receipt of a 330 copy of this Agreement marked "rejected" by Seller or upon Sellers Agent's Firm's written advice that the offer is "rejected" by Seller, you are to refund all 331 earnest money to Buyer. (2) Upon your receipt of a copy of this Agreement signed by Buyer and Seller set up an escrow account and proceed with Closing in 332 accordance with the terms of this Agreement. If you determine that the transaction cannot be Closed for any reason (whether or not there is then adispute os 4 9 Buyer Initial IVLt(g / Date91512018 51 :12 PM PDT Seller Initials / Date 09-07-2018812 AMP T _Ta This form has been licensed for use solely by Eric Herron pursuant to a Forms License' Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL a REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Fortes, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 7 of 11 Produced with zipFcrn® by apLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLogixcom Parlor and Ree - & DigiSign Verified: 5800DA87-4676-4E09-A765-41IECBB88247 I Sale Agreement* 09052018-EP/EH 333 between Buyer and Seller) below, you are to hold all earnest money deposits until you receive written instructions from Buyer and Seller, or a final ruling from 334 a court or arbitrator, as to disposition of such deposits. 335 22.1 EARNEST MONEY REFUND TO BUYER: If (1) Seller does not approve this Agreement, or (2) Seller signs and accepts this Agreement but 336 fails to furnish marketable title; or (3) Seller fails to complete this transaction in accordance with the material terms of this Agreement; or (4) any 337 condition which Buyer has made an express contingency in this Agreement (and has not been otherwise waived) fails through no fault of Buyer, then 338 all earnest money deposits shall be promptly refunded to Buyer. However, acceptance by Buyer of the refund shall not constitute a waiver of other 339 legal remedies available to Buyer. 340 22.2 EARNEST MONEY PAYMENT TO SELLER: If Seller signs and accepts this Agreement and title is marketable, and (1) Buyer has materially 341 misrepresented Buyer's financial status; or (2) Buyer's bank does not pay, when presented, any check given as earnest money or fails to timely 342 make a wire transfer for Buyer's earnest money; or (3) Buyer fails to complete this transaction in accordance with the material terms of this 343 Agreement, then all earnest money paid or agreed to be paid shall be paid to Seller as liquidated damages. The parties expressly agree that Seller's 344 economic and non-economic damages arising from Buyer's failure to close this transaction in accordance with the terms of this Agreement would be 345 difficult or impossible to ascertain with any certainty, and that said earnest money deposit(s) identified herein shall represent a binding liquidated 346 sum, and that it is a fair, reasonable and appropriate pre-estimate of Seller's damages, and is not a penalty. It is the intention of the parties that 347 Seller's sole remedy against Buyer for Buyer's failure to close this transaction in accordance with the material terms of this Agreement 348 shall be limited to the amount of earnest money paid or agreed to be paid herein. Seller's right to recover from Buyer any unpaid earnest 349 money agreed to be paid herein shall be in accordance with the provisions of the Dispute Resolution Sections below. 350 23.1 CLOSING: Closing shall occur on a date mutually agreed upon between Buyer and Seller, but in no event later than 10/17/2018 ("the Closing 351 Deadline"). The terms "Closed", "Closing" or "Closing Date" shall mean when the deed or contract is recorded and funds are available to Seller. Buyer and 352 Seller acknowledge that for Closing to occur by the Closing Deadline, it may be necessary to execute documents and deposit funds in Escrow prior 353 to that date. Caveat: Section 6 requires three (3) days prior to the Closing Deadline if Escrow is to prepare a note and a deed of trust or mortgage. 354 23.2 THE CLOSING DISCLOSURE: If the Property, or a dwelling unit located therein, will be used, or is expected to be used, as Buyer's primary 355 residence, and lender financing is involve, pursuant to the federal TILA-RESPA Integrated Disclosure Rules ("TRID"), Buyer and Seller will each 356 receive a federally-required document called a "Closing Disclosure", which, among other things, summarizes each party's closing costs. TRID 357 requires that the Closing Disclosure must be received by a residential loan borrower at least three (3) business days prior to "consummation" of the 358 transaction, which in most cases in Oregon will be the date on which Buyer signs the loan documents. Under certain circumstances, a change to 359 the Closing Disclosure late in the transaction could result in a delay in Closing to comply with the three business day rule. Such a delay beyond 360 the Closing Deadline could result in termination of the transaction unless Seller and Buyer mutually agree to extend it. 361 23.3 NOTICE REGARDING TITLE INSURANCE COSTS: The manner in which TRID requires title insurance costs to be disclosed differs from the 362 actual costs that may be charged to the parties under Oregon law. In such instances, at Closing, Escrow may issue a separate statement showing 363 the actual costs for an owner's policy of title insurance and, where applicable, the lender's policy of title insurance. Seller and Buyer are 364 encouraged to discuss this with Escrow prior to Closing. 365 24. DEED: Seller shall convey marketable title to the Property by (check one): ❑X statutory warranty deed or ❑ 366 367 (if neither box is checked a statutory warranty deed shall be used) free and clear of all liens of record, except property taxes that are a lien but not 368 yet payable, zoning ordinances, building and use restrictions, reservations in federal patents, easements of record that affect the Property, 369 covenants, conditions and restrictions of record, and those matters accepted by Buyer pursuant to Section 8. If Buyer's title will be held in the name 370 of more than one person see Section 33 regarding forms of co-ownership. 371 25. POSSESSION: Seller shall remove all personal property (including trash and debris) that is not a part of this transaction, and deliver 372 possession of the Property to Buyer (select one): 373 (1) ❑X by 5:00 p.m. on Closing; 374 (2) ❑ by -E] a.m. ❑ p.m. days after Closing, 375 (3) ❑ by ❑ a.m. ❑ p.m. on the day of 376 If a tenant is currently in possession of the Property (check one): ❑ Buyer will accept tenant at Closing; ❑X Seller shall have full responsibility for 377 removal of tenant prior to Closing. DEFINITIONSANSTRUCTIONS 378 26. DEFINITIONS/INSTRUCTIONS: (1) All references in this Sale Agreement to "Agent" and "Firm" shall refer to Buyer's and Seller's real 379 estate agents licensed in the State of Oregon and the respective real estate companies with which they are affiliated. DS Buyer Initial / Date 9/S/2018 S:1 :12 PM PDT Seller Initials / Date 09-07-tots 812 AM P This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 8 of 11 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Parks and Rec - E. DigiSign Verified: 5800DA87-4676-4E09-A765-41 1 ECBB88247 Sale Agreement # 09052018-EP/EH 380 (2) Time is of the essence of this Agreement. 381 (3) Except as provided in Section 8, above, all written notices or documents, required or permitted under this Agreement to be delivered to Buyer or 382 Seller may be delivered to their respective Agent with the same effect as if delivered to that Buyer or Seller. Upon opening of this transaction with the 383 title company identified at Section 18, above, Buyer, Seller, and their respective Agents, where applicable, shall provide Escrow with their preferred 384 means of notification (e.g. email or text address, facsimile number, or mailing or personal delivery address, or other), which shall serve as the 385 primary location for receipt of all notices or documents (hereinafter, "Contact Location") 386 (4) Agent(s) and Firm(s) identified in the Final Agency Acknowledgment Section above are not parties to this Agreement. 387 (5) A "business day" shall mean Monday through Friday, except recognized state and federal holidays. 388 (6) Unless Seller and Buyer expressly provide otherwise, the phrase "signed and accepted" in the printed text of this Sale Agreement, or any 389 addendum or counteroffer, however designated (collectively, "the Agreement" or "the Sale Agreement"), shall mean the date and time that either the 390 Seller and/or Buyer has/have: (a) Signed their acceptance of the Agreement received from the other party, or their Agents, and (b) Transmitted it to 391 the sending party, or their Agent, either by manual delivery ("Manual Delivery"), or by facsimile or electronic mail/text (collectively, "Electronic 392 Transmission"). When the Agreement is "signed and accepted" as defined herein, the Agreement becomes legally binding on Buyer and Seller, and 393 neither has the ability to withdraw their offer or counteroffer, as the case may be. 394 (7) The sending of a signed acceptance of the Agreement via Electronic Transmission from one party, or their Agent, to the other party, or their 395 Agent, shall have the same effect as Manual Delivery of the signed original. If the parties intend to use any other method for transmitting a signed 396 offer or acceptance of the Agreement (such as regular mail, certified mail, or overnight delivery), they should so specify at Section 17 (Additional 397 Provisions) of this Sale Agreement. 398 (8) Time calculated in days after the date Buyer and Seller have signed and accepted this Agreement shall start on the first full business day after 399 the date they have signed and accepted it. 400 (9) This Agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seiler. However, Buyer's rights under 401 this Agreement or in the Property are not assignable without prior written consent of Seller. 402 (10) This Agreement may be signed in multiple legible counterparts with the same legal effect as if all parties signed the same document. 403 (11) Excepting only the Lead-Based Paint Contingency Period identified in Section 10, unless a different time is specified in the Agreement, all 404 deadlines for performance, however designated, that are measured in business or calendar days, shall terminate as of 5:00 p.m. on the last day of 405 that deadline, however designated. 406 27. UTILITIES: Seller shall pay all utility bills accrued to date Buyer is entitled to possession. Buyer shall pay Seller for heating fuel/propane then on 407 premises, at Seller's supplier's rate on the possession date. Payment shall be handled between Buyer and Seller outside of Escrow. Seller shall not 408 terminate or disconnect electric, gas, heating fuel/propane, or water utilities prior to Closing unless parties agreed otherwise in writing. 409 28. APPROVED USES: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING 410 STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT 411 AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS 412 DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE 413 SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, 414 CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, 415 OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY 416 SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING 417 TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF 418 THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF 419 NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, 420 OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 421 2010. 422 29. IRC 1031 EXCHANGE: In the event Buyer or Seller elects to complete an IRC 1031 exchange in this transaction, the other party agrees to 423 cooperate with them, and the accommodator, if any, in a manner necessary to complete the exchange, so long as it will not delay the Close of escrow or 424 cause additional expense or liability to the cooperating party. Unless otherwise provided herein, this provision shall not become a contingency to the 425 Closing of this transaction. 426 30.1 LEVY OF ADDITIONAL PROPERTY TAXES: The Property (check one): []is ❑X is not specially assessed for property taxes (e.g., farm, forest, 427 tax abatement or other) in a way that may result in levy of additional taxes in the future. If it is specially assessed, Seller represents that the Property is 428 current as to income or other conditions required to preserve its deferred/abated tax status. If, as a result of Buyer's actions or the Closing of this 429 transaction, the Property either is disqualified from special use assessment or loses its deferred/abated property tax status, unless otherwise specifically 430 provided in this Agreement, Buyer shall be responsible for and shall pay when due, any deferred and/or additional taxes and interest which may be levied DS Buyer Initi s / Date 9/5/2018 : :12 PM PDT Seller Initials / Date Da-07.215128 R-1 2 AM PD This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 9 of 11 Produced with zipForm(R) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Parks and Rec - E. I DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 Sale Agreement # 09052018-EP/EH 431 against the Property and shall hold Seller completely harmless therefrom. However, if as a result of Seller's actions prior to Closing, the Property either is 432 disqualified from its entitlement to special use assessment or loses its deferred/abated property tax status, Buyer may, at Buyer's sole option, promptly 433 terminate this transaction and receive a refund of all deposits paid by Buyer in anticipation of Closing; or Close this transaction and hold Seller 434 responsible to pay into Escrow all deferred and/or additional taxes and interest which may be levied or recaptured against the Property and hold Buyer 435 completely harmless therefrom. The preceding shall not be construed to limit Buyer's or Seller's available remedies or damages arising from a breach of 436 this Section 30.1. 437 30.2 HISTORIC PROPERTY DESIGNATION: If the Property is or may be subject to a historic Property local ordinance or is subject to or may qualify for the 438 Historic Property Special Property Tax Assessment under ORS 358.475 to 358.565, Seller shall provide OREF 045 Historic Property Addendum. DISPUTE RESOLUTION 439 440 DISPUTE RESOLUTION: Any dispute between Buyer and Seller relating to the interpretation or enforcement of this Agreement 441 (check one) shall 0 shall not, be subject to the mediation and arbitration provisions of Sections 31 - 32.4. Failure to check a box shall 442 constitute an election NOT to arbitrate. 443 31. FILING OF CLAIMS: All claims, controversies and disputes between Seller, Buyer, Agents, and/or Firms, relating to the enforcement or 444 interpretation of this Sale Agreement (including those for rescission), as well as those relating to the validity or scope of the Sale Agreement, and all 445 matters concerning the jurisdiction of the arbitrator(s) and/or Arbitration Service of Portland, to hear and decide questions of arbitrability (hereinafter 446 collectively referred to as "Claims"), shall be exclusively resolved in accordance with the procedures set forth herein, which shall survive Closing or 447 earlier termination of this transaction. All Claims shall be governed exclusively by Oregon law, and venue shall be placed in the county where the 448 real property is situated. Filing a Claim for arbitration shall be treated the same as filing in court for purposes of meeting any applicable statutes of 449 limitation or statute of ultimate repose, and for purposes of filing a /is pendenS. BY CONSENTING TO THE PROVISIONS HEREIN, BUYER AND SELLER 450 ACKNOWLEDGE THAT THEY ARE GIVING UP THE CONSTITUTIONAL RIGHT TO HAVE CLAIMS TRIED BY A JUDGE OR JURY IN STATE OR FEDERAL COURT, 451 INCLUDING ALL ISSUES RELATING TO THE ARBITRABILITY OF SAID CLAIMS. 452 32.1 EXCLUSIONS: The following shall not constitute Claims (1) Any proceeding to enforce or interpret a mortgage, trust deed, land sale contract 453 or recorded construction lien, (2) A forcible entry and detainer action (eviction); (3) If the matter is exclusively between REALTORSO and is 454 otherwise required to be resolved under the Professional Standards Ethics and Arbitration provisions of the National Association of REALTORSO; 455 (4) If the matter relates to a commission or fee with an Agent or Firm, and the written listing, service or fee agreement with Buyer or Seller contains a 456 mandatory mediation and/or arbitration provision, and (5) Filing in court for the issuance of provisional process described under the Oregon Rules of 457 Civil Procedure, provided, however, such fling shall not constitute a waiver of the right or duty to utilize the dispute resolution procedures described 458 herein for the adjudication of any Claims. 459 32.2 SMALL CLAIMS BETWEEN BUYER AND SELLER: All Claims between Buyer and Seller that are within the jurisdiction of the Small Claims 460 Court of the county in which the property is located, shall be brought and decided there, in lieu of mediation, arbitration or litigation in any other 461 forum. Notwithstanding ORS 46.455(3), neither Buyer nor Seller shall have a right to request a jury trial and so remove the matter from the Small 462 Claims Department of the Circuit Court. A judgment in Small Claims Court is final and binding and there is no right of appeal. 463 32.3 MEDIATION AND ARBITRATION BETWEEN BUYER AND SELLER: If Buyer's and/or Seller's Agent is a member of the National 464 Association of REALTORSO, all Claims shall be submitted to mediation in accordance with the procedures of the Home Seller/Home Buyer Dispute 465 Resolution System of the National Association of REALTORS@ ("the System"). If an Agent is not a member of the National Association of 466 REALTORSO, or the System is not available through the Agent's Realtor@ organization, then all Claims shall be submitted to mediation through the 467 program administered by Arbitration Service of Portland ("ASP"). All Claims that have not been resolved by mediation as described herein shall be 468 submitted to final and binding arbitration in accordance the then-existing rules of ASP. The prevailing party in any arbitration between Buyer and 469 Seller shall be entitled to recovery of all reasonable attorney fees, fling fees, costs, disbursements, and mediator and arbitrator fees. Provided, 470 however, a prevailing party shall not be entitled to any award of attorney fees unless it is first established to the satisfaction of the arbitrator(s) (or 471 judge, if applicable) that the prevailing party offered or agreed in writing to participate in mediation prior to, or promptly upon, the filing for 472 arbitration. 473 32.4. MEDIATION AND ARBITRATION INVOLVING AGENTS/FIRMS: All Claims that include Agents or their Firms shall be resolved in accordance 474 with the mediation and arbitration process described in Section 32.2 above, and if applicable, the prevailing party shall be entitled to an award of 475 attorney fees, filing fees, cost, disbursements, and mediator and arbitrator fees, as provided therein. 476 SIGNATURE INSTRUCTIONS 477 33. OFFER TO PURCHASE: Buyer offers to purchase the Property upon the terms and conditions set forth in this Agreement Buyer 478 acknowledges receipt of a completely filled-in copy of this Agreement, which Buyer has fully read and understands. Buyer acknowledges that 479 Buyer has not relied upon any oral or written statements made by Seller or any Agents that are not expressly contained in this Agreement. Neither Ds r-11 19 Buyer Initial / Date 91512018 0:12 PM PDT Seller Initials / Date 09-07-211119 R tz AM PD This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 10 of 11 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w w zip Logix com Parks and Rec - F. DigiSign Verified: 5800DA87-4676-4EO9-A765-411ECBB88247 I Sale Agreement # 09052018-EP/EH 480 Seller nor any Agent(s) warrant the square footage of any structure of the size of any land being purchased. If square footage or land size 481 is a material consideration, all structures and land should be measured by Buyer prior to signing, or should be made an express 482 contingency in this Agreement. 483 Deed or contract shall be prepared in the name of To be determined via Addendum by 10/01/2018. 484 Co-Ownership Note: Buyer should secure advice from an expert or attorney regarding different forms of co-ownership and rights of survivorship. 485 Agents are not qualified to provide advice on these issues. Once the form of co-ownership is determined, Buyer should promptly notify Escrow. 486 This offer shall automatically expire on (insert date) September 07 , 2018 at 5:00 ❑ a.m. ❑X p.m., (the "Offer Deadline"), if not 487 accepted by that time. Buyer may withdraw this offer before the Offer Deadline any time prior to Seller's transmission of signed acceptance. This 488 offer may be accepted b~ Seller only in writing. Docu igned b 9/5/2018 5:10:12 PM PDT _ p.m. 489 Buyer ee~~~.1~~,,..aa tJ~u~ Date _ a. m. C I 1Ei3aNSSn,rvtiD41 D_. 490 Buyer Date _ a.m. _ p.m. - 491 Address Ashland OR Zip 97520 492 Phone Fax E-mail 493 This offer was delivered/transmitted to Seller for signature on the day of at ❑ a.m. ❑ p.m. 494 By (Agent(s) presenting offer). 495 34. AGREEMENT TO SELL / ACKNOWLEDGEMENTS / DISPOSITION OF EARNEST MONEY: Seller accepts Buyer's offer. Seller acknowledges 496 receipt of a completely filled-in copy of this Agreement, which Seller has fully read and understands. Seller acknowledges that Seller has not 497 relied upon any oral or written statements of Buyer or of any Agent(s) that are not expressly contained in this Agreement. 498 499 Seller Date _ a.m. _ p.m. < Fain Shaffer 500 Seller Date _ a.m. _ p.m. ~ Bonnie Shaffer 501 Address Zip 502 Phone Home Work E-mail Fax 503 Note: If delivery/transmission occurs after the Offer Deadline identified at Offer to Purchase Section, above, it will not become binding 504 upon Seller and Buyer unless the parties agree to extend said Deadline by an Addendum, Counteroffer, or other writing, jointly signed by 505 the parties. The parties' failure to do so shall be treated as a rejection under Seller's Rejection Section, below, and this transaction shall 506 be automatically terminated. 507 35. SELLER'S REJECTION/COUNTER OFFER (select only one): IJ Seller does not accept the above offer, but makes the attached counter offer. 508 ❑ Seller rejects Buyer's offer. 509 Seller S7 Prl~ Date 09-07-2018 8:12 AM PDT. _ a.m. _ p.m. ~ Fain Shaffer 510 Seller 1ha~heY Date 09-06-2018 505 PM PDT. _ a.m. _ p.m..- Bonnie Shaffer 511 Address Zip 512 Phone Home Work E-mail Fax 513 NO CHANGES OR ALTERATIONS ARE PERMITTED TO ANY PORTION OF THE PRE-PRINTED FORMAT OR TEXT OF THIS FORM. ANY 514 SUCH PROPOSED CHANGES OR ALTERATIONS SHOULD BE MADE ON A SEPARATE DOCUMENT. CHANGES BY BUYER'S OR 515 SELLER'S AGENT TO THE TERMS OR PROVISIONS ABOVE BUYER'S SIGNATURE SHOULD ALSO BE ON A SEPARATE DOCUMENT. DS 9/5/2018- :12 PM PDT Buyer Initials / Date Seller Initials / Date o9-07-2018 This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 007 COMMERCIAL REAL ESTATE SALE AGREEMENT- Page 11 of 11 Produced with zip Form® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLgaix.com Parks and Rec - V. DigiSign Verified: 5800DA87-4676-4E09-A765-41 IECBB88247 11 O R E F Sale Agreement # 09052018-EP/EH Addendum # A ADDENDUM TO REAL ESTATE SALE AGREEMENT 1 This is an Addendum to: ❑X Real Estate Sale Agreement ❑ Seller's Counter Offer ❑ Buyer's Counter Offer 2 Buyer: City of Ashland 3 Seller: Fain Shaffer, Bonnie Shaffer 4 The real property described as: 0 E Main Street, Ashland, OR 97520 5 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT REFERENCED ABOVE. 6 Earnest Money described in line 41 shall be fully refunded if this property does not Close according to the Sale Agreement. 7 8 2) This sale is subject to the Buyer executing sale of City of Ashland owned property located on Clay Street, Ashalnd, OR 97520; Map / 9 Tax Lot : 391 El 1 C/2504. 10 11 3) Closing date listed on line #350 of the Sale Agreement shall be extended by the Addendum "B" terms; if needed. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Buyer Si natur It, n 9/5/2018 5 :10:12 PM PDT 9 il.tf~.af.l, Q 6A Date a.m. _ p.m. Cityr gf Ashland E 8455A718D41 D... 30 Buyer Signature Date - a.m. _ p.m. 1- 31 Seller Signature 50. Date 09-07-2018 812 AM PDT, _ a.m. _ p.m. < Fain Shaffer / ^C~✓ 32 Seller Signature &h y~.i e. Date pq-f fi-001R 5 05 pm PDT _ a.m. _ p.m. Bonnie Shaffer 33 Buyer's Agent Eric Poole / Eric Herron Seller's Agent Noriko Hansen This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL E- REQUIRE A SIGNATURE AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 002 Full Circle Real Estate, 240 E. Slain Street Ashland OR 97520 Phone. 5416906736 Fax'. Pnrk : nd Rec - E. Slain Eric Herron Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zioLoaix corn DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 ASHLAND PARKS & RECREATION COMMISSION 340 S PIONEER STREET • ASHLAND, OREGON 97520 COMMISSIONERS: !+g H Michael A. Black, AICP t Dir ector Mike Gardiner KX, Joel Heller Adder1C1U171 "B" i 541.488.5340 Jim LeWidt AshlandParksandikec.org Jim Lewis 9-07-2018 8:12 AM PDT rt RE-Ft+ / parksinfo@ashland.or.us Matt Miller d 09-06-2018 5:05 PM PDT DS August 22, 2018 9/5/2018 5:10:12 PM PDT Noriko Hansen Windermere Van Vleet and Associates 375 Lithia Way Ashland, OR 97520 Dear Noriko, This is a letter between City of Ashland ("Buyer") and Fain and Bonnie Shaffer ("Seller") to purchase the property, 5.52 acres on East Main Street, Jackson County, Ashland, OR 97520; map/tax lot - 391E11CB/200. ("Property") Upon review and acceptance of this letter, Buyer will prepare a Purchase and Sale Agreement ("PSA" or "Agreement") reflecting the terms herein which shall be executed by both parties after an acceptable agreement is reached by both Seller and Buyer. Property Description: Property including, but not limited to: all buildings, improvements, water rights, fixtures, all rights privileges, and appurtenances pertaining to the Property, including Seller's right, title and interest in any minerals, utilities and right-of-way. Seller: Fain and Bonnie Shaffer Buyer: Ashland Parks and Recreation Commission/City of Ashland Purchase Price: One Million Seven Hundred Eighty Thousand Dollars ($1,780,000.00). Seller shall donate ($780,000.00) of the appraised value of the Property to the City of Ashland or a Buyer approved nonprofit organization to be determined prior to closing. Buyer will pay a Total of ($1,000,000.00) for the Property at closing. Buyer shall deposit a refundable Five Thousand Dollars ($5,000.00) earnest Earnest Money: money deposit with First American Title Company within three (3) business days upon execution of the PSA. The deposit will be refunded to Buyer if the purchase does not close in accordance with terms of the Purchase and Sales Agreement. In the event the purchase does close, earnest money deposit along with any additional earnest money provided will be credited to the purchase price at closing. In the event the Buyer defaults pursuant to the terms of the Purchase Agreement, Seller shall retain the deposit. os, Home of Famous Llthla Park DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 Addendum "B" Financing Period: Buyer will provide all CASH at Closing. Buyer will use a portion of the proceeds from sale of Clay Street transaction to purchase this property, please refer to Financing Contingency for more information. Financing Period shall be 45 days after execution of PSA. Financing Contingency: This sale is subject to the Buyer executing sale of City of Ashland owned property located on Clay Street, Ashland, OR 97520; Map / Tax Lot : 391E11C 2504. Due Diligence Period: (a) The Agreement will call for Seller to provide Buyer with copies of the following items, including but not limited to lease agreements, service contracts, management contracts, maintenance records, copies of all utility CC9-07-2018 8:12 AM PDT and maintenance invoices for the last 24 months, copies of all environmental ,J9 Ds assessments, environmental studies, all communication with City of Ashland Planning Department, any other binding agreements or contracts, and 09-0e-20185:05PMPDldocuments relating to the Property to the extent in Seller's possession or control (the "Property Information") as depicted in Exhibit A All Property Information should be delivered via email to Buyer or Buyer's representatives 9/5/2018 5:10:12 PM PDT within (10) business days of PSA execution. (b) Buyer will have a due diligence period of thirty (30) business days (the "Due Diligence Period to become satisfied in all respects with its review of those items, including the physical condition of the Property."), The Due Diligence Period commences on the later to occur of mutual execution of the PSA or Buyer's receipt of the Property Information requested in Exhibit A If Buyer is not satisfied with the Property in its sole discretion, it may elect, on or before the expiration of the Due Diligence Period, to terminate the Agreement and recover its earnest money. (c) Prior to execution of the Agreement, Seller shall notify Buyer prior to entering into any leases or contracts for the Business or any amendments thereto. After execution of the Agreement, Seller shall not enter into any leases or contracts for the Property or any amendments thereto, without Buyer's prior written consent. Seller shall terminate any service contracts and purchase agreements at Closing which Buyer does not elect to assume, and Seller shall indemnify Buyer for any loss incurred thereunder. CLOSING: Closing of the transaction contemplated by this letter of intent shall take place ten (10) business days after the expiration of the longest due diligence and within 10 business days of Buyer's closing on Clay Street property described in the Financing Contingency described above, or such earlier time after the execution of the Agreement as Buyer may designate upon not less than ten (10) days' prior written notice to Seller. At the closing, ownership of the Property will be conveyed by Seller pursuant to the Sales Agreement. Seller shall pay all income taxes, property taxes, recording fees and similar costs in connection with the transfer of the Property to Buyer. Each party shall pay one-half of any escrow and closing fees. COSTS: Buyer and Seller shall each be responsible for their own legal and accounting costs associated with the transaction. POSSESSION: Seller will deliver possession of the Property to the Buyer at closing. CONFIDENTIALITY: Both Seller and Buyer agree that this letter of intent and its terms will be kept confidential. _D~ DigiSign Verified: 5800DA87-4676-4E09-A765-411 ECBB88247 DS -r5 9-07-2018 8:12 AM PDT Addendum "B" &Y & 09-06-2018 5:05 PM PDT 9/5/2018 5:10:12 PM PDT WARRANTY of AUTHORrrv: All persons signing represent that they have the authority to enter into the Agreement. LEGAL EFFECT: Buyer and Seller each acknowledge that a transaction of this type involves terms and conditions which have not yet been agreed upon and that this letter is in no way intended to be a complete or definitive statement of all the terms and conditions of the proposed transaction, but contemplates and is subject to the negotiation and execution of the Purchase and Sale Agreement. This Letter Of Intent (1-01) shall automatically expire on (8123/18) at 5:00 p.m., (the %01 Deadline") if not accepted by that time. Buyer may withdraw this offer before the 1-01 Deadline any time prior to Seller's transmission of signed acceptance. This offer may be accepted by Seller only in writing. BUYER DocuSigned by: * 5Cy- gd- 8/22/2018 4:24:19 PM PDT By; Date: Q9EF806855F74 chair - Ash and Parks & Recreation Commission Title: SELLER Agreed and accepted this day of 02018. By 7~W/Pry 08-23-2018 12:35 PM PDT Title: Seller By: OR-22-201R 7:73 PM PDT Title: Seller i i 3 DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 DS Addendum "B" Tl~ 9-07-2018 8:12 AM PDT NI,Q~j 9/5/2018 5:10:12 PM PDT ExhibitA ~ 09-06-20185:05 PM PDT 1) Copy of lease(s). 1(00,e 2) Service contracts. A1k 3) Management contracts. 4) Utility and maintenance invoices for the past 4 months. f VI)I'c,e.f 5) Environmental assessments and studies. 6) Communications with City of Ashland Planning Department. AJo/--- 7) Current binding agreements or contracts on the Property. Va 8) Documents relating to the Property to the extent in Seller's possession or control. DS s OA-212018 ~ QS-22-2018 4 DigiSiQn Verified: 5800DA87-4676-4E09-A765-411ECBB88247 Q OREF VACANT LAND DISCLOSURE ADDENDUM Property Address 0 E Main Street, Ashland, OR 97520 INSTRUCTIONS TO THE SELLER 1 THIS IS A VACANT LAND DISCLOSURE ADDENDUM ("DISCLOSURE ADDENDUM") MADE BY THE SELLER CONCERNING THE 2 PROPERTY LOCATED AT 0 E Main Street, Ashland, OR 97520 (THE "PROPERTY"). THIS IS NOT 3 A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT OF THE SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR 4 WARRANTIES THAT THE BUYER MAY WISH TO OBTAIN. 5 Please complete the following form. Answer all the questions. If a question is not applicable to this Property, mark N/A. Please explain each "YES" 6 answer in detail at Section VI below or on a separate page and attach pertinent documents and information. Please refer to the section and item 7 of the question(s) when you provide your explanation(s). Please date and sign each page of this Disclosure Addendum and each attachment. 8 SELLER(S) AUTHORIZE(S) ALL AGENTS TO PROVIDE A COPY OF THIS VACANT LAND DISCLOSURE ADDENDUM TO OTHER REAL 9 ESTATE AGENTS AND PROSPECTIVE BUYERS OF THE PROPERTY. NOTICE TO BUYER 10 A. Buyers have a duty to pay diligent attention to any material defects in or about the Property that are known to them or can become known 11 by utilizing diligent attention and observation, and by employing competent experts. Your real estate agent is not responsible to conduct 12 your due diligence, and may not render advice about property conditions or legal issues. 13 B. The disclosures set forth in this Disclosure Addendum and in any amendments thereto, are made only by the Seller and are not the 14 representations of any financial institution that may have made or may make a loan pertaining to the Property, or that may have or take a 15 security interest in the Property, or of any real estate agent engaged by the Seller or Buyer. A financial institution or real estate agent is not 16 bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another 17 party's disclosure statement or any amendments thereto- YES • UNKNOWN N/A 1. TITLE 18 ❑ ❑ ❑ ❑ A.1 Is this Property a legal lot of record? 19 ❑ ❑ ❑ ❑ A.2 Is this Property subject to any of the following? ❑ first right of refusal ❑ option ❑ lease or rental 20 agreement ❑ other listing ❑ life estate ❑ Timber Contracts 21 ❑ ❑ ❑ ❑ B. Are there any of the following? ❑ encroachments ❑ written or oral boundary or fencing agreements 22 ❑ boundary disputes ❑ recent boundary changes. 23 ❑ ❑ ❑ ❑ C. Are there any of the following? rights of way ❑ easements (other than normal utility easements) 24 ❑ access limitations ❑ written or oral agreements concerning the use or access to/from this property 25 ❑ ❑ ❑ D. Is there a written or ❑ oral agreement for joint maintenance of an easement? 26 ❑ ❑ ❑ ❑ E. Any sale, transfer or reservation of development, water or drainage rights? 27 ❑ ❑ ❑ ❑ F. Any sale, transfer or reservation of oil, gas, mineral rights, or timber rights? 28 ❑ ❑ ❑ ❑ G. Are you aware of any governmental study, survey, or notice that would affect this Property? 29 ❑ ❑ ❑ ❑ H. Are there any pending or existing assessments against this Property (other than real property taxes not yet due 30 for the current year)? 31 I. What is the current zoning for the Property? 32 J. What is the current use of the Property? 33 ❑ ❑ ❑ ❑ K. Are you aware of any pending land use changes? Buyer Initials / Date Seller Initials / Date This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 019 Page 1 of 5 Full Circle Real Estate. 240 E. ;Hain Street Ashland OR 97520 Phone. 5416906736 Fax_ Park and Rec - E. Jlain Eric Ilrrron Produced with zipFormS by zipLogix 18070 Fifteen Mile Road. Fraser.. Michigan 48026 www.zipl-ogix.com DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 0 VACANT LAND DISCLOSURE ADDENDUM Property Address 0 E Main Street Ashland. OR 97520 34 ❑ ❑ ❑ ❑ L. Is there a land surrey for this Property? Survey Number (if known) 35 ❑ ❑ ❑ ❑ M. Is this Property subject to any recorded or unrecorded Covenants, Conditions, and Restrictions? 36 ❑ ❑ ❑ ❑ N. Are there any conservation, easements, or agreements? YES NO UNKNOWN NIA 11. GENERAL INFORMATION 37 ❑ ❑ ❑ ❑ A. Have there been any settling, soil problems, standing water, flooding, or drainage problem on this Property? 38 ❑ ❑ ❑ ❑ B. Does the Property contain soil used to fill, build up, or level areas of the ground ("fill dirt")? 39 ❑ ❑ ❑ ❑ 1. If yes, does the fill dirt contain foreign materials (e.g. wood, rock, debris)? 40 ❑ ❑ ❑ ❑ 2. If yes, was the fill dirt compacted? 41 ❑ ❑ ❑ ❑ C. Has this Property been identified as "wetland", antiquities, dunes area, or other similar designation? 42 ❑ ❑ ❑ ❑ D. Is the Property in a designated flood or slide zone? FEMA Map # (if known) 43 ❑ ❑ ❑ ❑ E. Has there been major damage to this Property from fire, wind, flood, earth movement, or landslide? 44 ❑ ❑ ❑ ❑ F. Are you aware of any above ground or underground tanks used for any purpose (e.g., fuel, chemical, septic, 45 abandoned tanks, etc.) currently or previously in use on the Property? 46 ❑ ❑ ❑ ❑ G. Are you aware of any hazardous material, toxic waste, or trash dumping on this Property? 47 ❑ ❑ ❑ ❑ H. Are there any structural improvements or personal property located on the Property that are included in this 48 transaction? If "yes" list all items: 49 50 ❑ ❑ ❑ ❑ 1. Are there any defects or problems with any of these items? If "yes" describe all problems and defects: 51 52 ❑ ❑ ❑ ❑ I. Has this Property been used for the manufacture or distribution of illegal substances, excluding marijuana? 53 Note: Although marijuana has been legalized for medicinal and recreational use in Oregon, it remains a 54 "Controlled Substance" under Federal Law, and is illegal. See 55 littps://www.wliiteliouse.<(ov/ondcp/state-laws-related-to-marijuana 56 ❑ ❑ ❑ ❑ J. Has this Property been used to legally grow marijuana for either medicinal or recreational use as permitted 57 under Oregon laws? 58 BUYER MAY WISH TO INVESTIGATE FURTHER ANY OF THE ISSUES MENTIONED ABOVE. YES NO UNKNOWN N/A 11111. WATER 59 ❑ ❑ ❑ A. Is there currently a domestic water supply for this Property? 60 1. If "yes", from what source? ❑ public utility ❑ community water system ❑ private well 61 ❑ other (specify) 62 2. If "no", is a permit required ❑ Yes ❑ No Has it been applied for? ❑ Yes ❑ No 63 ❑ ❑ ❑ ❑ B. If Property is currently supplied from a well: 64 ❑ ❑ ❑ ❑ 1. Is there more than one well serving the Property? 65 ❑ ❑ ❑ ❑ 2. Is (are) the well(s) located on the Property? (If No, attach explanation). Buyer Initials / Date Seller Initials / Date This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 019 Page 2 of 5 Produced with zipFormu@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoQix.com Parts and i - DigiSign Verified: 5800DA87-4676-4E09-A765-411ECBB88247 0 VACANT LAND DISCLOSURE ADDENDUM Property Address 0 E Main Street Ashland OR 97520 66 ❑ ❑ ❑ ❑ 3. Is (are) the well(s) shared? 67 ❑ ❑ ❑ ❑ a. Is there an oral or written agreement for a shared well? 68 ❑ ❑ ❑ ❑ b. Is there an easement (recorded or unrecorded) for access to and maintenance of a shared well? 69 ❑ ❑ ❑ ❑ 4. Is a copy of the well log(s) available? 70 ❑ ❑ ❑ ❑ 5. Well depth(s) is estimated to be feel 71 ❑ ❑ ❑ ❑ 6. Well(s) supply approximately gallons per minute (GPM) of water. 72 a. This figure is taken from ❑ well log ❑ a flow test of the well performed when 73 and by whom 74 ❑ ❑ ❑ ❑ 7. Is there a holding tank in addition to the pressure tank for the water system? 75 a. If yes", what is the capacity of the tank? gallons. 76 8. Well is-years old. Pump type: ❑ submersible ❑let. Pump make 77 Installed by date 78 Serviced by date of last service 79 ❑ ❑ ❑ ❑ 9. Are there any known problems with the water system? 80 ❑ ❑ ❑ ❑ 10. Have there been any repairs to the water system? 81 ❑ ❑ ❑ ❑ It. Hasa ❑colifonn bacteria ❑nilrales❑arsenic or E] other water quality test been performed on 82 domestic water supply? If'yes , when by whom 83 ❑ ❑ ❑ ❑ C. Is there a water treatment system? If "yes", ❑ owned or ❑ leased? 84 1. If "yes", for what purpose was the water treatment system installed? 85 ❑ ❑ ❑ ❑ 2. Is the water treatment system in good working order? (If No, attach explanation). 86 El El ❑ ❑ D. Are there any abandoned wells on the Property? 87 ❑ ❑ ❑ ❑ E. Do you have other pertinent information regarding the water supply? If "yes", please attach an explanation. 88 ❑ ❑ ❑ ❑ F. Are there any irrigation wells? If'yes", haw many? 89 ❑ ❑ ❑ ❑ G. Are there water appropriation rights for this Property? 90 ❑ ❑ ❑ ❑ 1. Have the water rights been certified by the State of Oregon? 91 2: To what body of water do the water rights pertain? 92 ❑ ❑ ❑ ❑ 3. Have the water rights been used beneficially during the last five years? 93 ❑ ❑ ❑ ❑ H. Are any man-made ponds or bodies of water on this Property? 94 ❑ ❑ ❑ ❑ 1. If yes", is there a permit? 95 BUYER SHOULD HAVE ANY NONPUBLIC WATER SOURCES TESTED FOR POTABILITY AND ADEQUACY OF SUPPLY. YES NO UNKNOWN NIA IV. SEWAGE 96 ❑ ❑ ❑ ❑ A. Is sanitary sewer currently available to this Property? 97 1. If yes", where is the sewer line located? 98 ❑ ❑ ❑ ❑ 2. If "no", will such service be available in the future? Buyer Initials / Dale Seller Initials / Date This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 019 Page 3 of 5 Produced with #Fonn® by zipbogix 18070 Fifteen Mile Road, Fraser, Mi&lgan 48026 w.tw.vntooix mm PorksandRea- DigiSign Verified: 5800DA87-4676-4E09-A765-41 1 ECBB88247 ^~=r µ VACANT LAND DISCLOSURE ADDENDUM Property Address 0 E Main Street, Ashland OR 97520 99 ❑ ❑ ❑ ❑ B. Are you aware of any sanitary sewer proposed for this Property? 100 ❑ ❑ ❑ ❑ C. Is there a septic system on this Property? 101 1. If "yes", what type of system? ❑ standard ❑ cap fill ❑ sand filtration ❑ other 102 2. Last inspected by date 103 Please attach copies of the inspection report and invoice 104 3. Date septic system was last pumped by whom 105 ❑ ❑ ❑ ❑ 4. Any known problems or repairs? If "yes", please explain on attached sheet. 106 ❑ ❑ ❑ ❑ D. If a septic system will need to be installed, is there a current governmental approval for such a system? 107 1. If "yes", what type of system? ❑ standard ❑ cap fill ❑ sand filtration ❑ other 108 Date of approval 109 ❑ ❑ ❑ ❑ E. Is there an abandoned septic system on the Property? If "yes", where is it located? 110 BUYER MAY WISH TO HAVE THE SEWAGE SYSTEM INSPECTED YES NO UNKNOWN RESTRICTIONS, ASSOCIATIONS, COMMON FACILITIES, ETC 111 ❑ ❑ ❑ ❑ A. Are there CC&Rs? 112 ❑ ❑ ❑ ❑ B. Is there a Home or Unit Owners' Association? 113 1. If "yes" Who is the contact person? 114 contact information: 115 2. Monthly or annual dues Assessments 116 ❑ ❑ ❑ ❑ C. Is this Property in an area with a neighborhood group or community organization? 117 1. If "yes", contact information 118 119 ❑ ❑ ❑ ❑ D. Are there any features of this Property shared in common with adjoining landowners, such as a wall, fence, 120 roof, road, or driveway for which use or maintenance responsibility may affect this Property? 121 ❑ ❑ ❑ ❑ E. Are there any known disputes, irregularities, or other unsettled issues? 122 ❑ ❑ ❑ ❑ F. Are there any "common areas' (facilities such as a pool, recreation building, tennis court, walkway, etc.)? YES NO UNKNOWN OTHER CONDITIONS OR DEFECTS 123 ❑ ❑ ❑ ❑ A. Are you aware of any other condition, defect, feature, problem, material fact, or issue in its immediate 124 vicinity, affecting the buyer's use and/or enjoyment of this Property? VII. DOCUMENTS AND EXPLANATIONS L 125 Please list any attached documents, reports, explanations of "Yes" answers, or those questions indicating an explanation 126 here: 127 128 129 130 131 132 133 [Attach Addendum if necessary.] Buyer Initials / Date Seller Initials / Date This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 019 Page 4 of 5 Produced with zilrFormOR by zipLogix 18070 Fifteen Mile Road.. Fraser, Michigan 48026 www zioLogix com Parks and Rec - DigiSign Verified: 5800DA87-4676-4E09-A765-41IECBB88247 Q VACANT LAND DISCLOSURE ADDENDUM Property Address 0 E Main Street, Ashland. OR 97520 134 SELLER REPRESENTS TO BUYER THAT THE FOREGOING ANSWERS IN THIS VACANT LAND DISCLOSURE ADDENDUM, TOGETHER 135 WITH ALL INCLUDED DOCUMENTS AND INFORMATION, IF ANY, ARE COMPLETE AND CORRECT TO THE BEST OF SELLER'S ACTUAL 136 KNOWLEDGE, WITHOUT FURTHER INVESTIGATION OR TESTING. 137 Seller's Signature Date _ a.m. _ p.m.. Fain Shaffer 138 Seller's Signature Date _ a.m. _ p.m. r Bonnie Shaffer 139 UNLESS PREVIOUSLY WANED BY BUYER IN WRITING,SELLER SHALL DELIVER A COPY OF THE COMPLETED VACANT LAND DISCLOSURE ADDENDUM TO ANY 140 BUYER MAKING A WRfrrEN OFFER TO PURCHASE THE PROPERTY. BUYER SHALL HAVE THE ABSOLUTE RIGHT TO REVOKE THEIR OFFER, FOR ANY REASON 141 OR NO REASON, BY GIVING WRITTEN NOTICE TO SELLER WITHIN FIVE (S) BUSINESS DAYS FOLLOWING THE DATE OF SELLERS DELIVERY OF THE DISCLOSURE 142 ADDENDUM TO BUYER (THE "REVOCATION PERIOD"). UNLESS PREVIOUSLY WANED IN WRITING, IF BUYER'S RIGHT OF REVOCATION IS NOT TIMELY 143 EXERCISED IN WRITING BY MIDNIGHT AT THE END OF THE LAST DAY OF THE REVOCATION PERIOD, IT SHALL AUTOMATICALLY EXPIRE. W ALL EVENTS, SAID 144 RIGHT OF REVOCATION SHALL EXPIRE UPON CLOSING OF THE TRANSACTION. 145 ACKNOWLEDGMENT 146 THE UNDERSIGNED HEREBY ACKNOWLEDGE THE DUTY TO SIGN, DATE AND RETURN A COPY OF THIS PAGE OF THE ADDENDUM TO 147 SELLER OR SELLER'S AGENT PROMPTLY UPON RECEIPT FROM SELLER OR SELLER'S AGENT. A BAD FAITH REFUSAL TO DO SO 148 COULD JEOPARDIZE BUYER'S ABILITY TO EFFECTIVELY EXERCISE THEIR RIGHT OF REVOCATION. 149 Buyer's Signature Date _ a.m. _ p.m. ~ City of Ashland 150 Buyer's Signature Date _ a.m. _ p.m. - 151 Buyer's Agent Signature Date _ a.m. _ p.m. Eric Poole / Eric Herron This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 019 Page 5 of 5 Produced Wn ApFonMP by zipLogis 18070 Fifteen Mile Road, Fraser, Michigan 48026 w zioLoair wm Nrksand Re, ✓VVUVIyII LIIYGIVf1G I✓. ✓VVVVJYJ'GVI -t "tJf~L'UI",J✓-IVJJLV/'~UJUGV C O R E F Sale Agreement # 09052018-EPIEH ~'Oi'16' u,.wl WA can, ram,. LC BUYER'S COUNTER OFFER No. .1 1 This is a counter offer to Seller's Counter Offer. 2 Buyer: City of Ashland 3 Seller: Fain Shaffer Bonnie Shaffer 4 The real property described as: 0 E Main Street Ashland OR 97520 5 AGREEMENT TO PURCHASE: 6 Buyeragreesto purchasethe realand personal property upon the terms and conditions set forth in the Sale Agreement and subsequent counteroffers where 7 applicable except as modified as follows: 8 1. Close of escrow of this transaction shall be on 11/15/18. 9 10 2. Buyer shall reimburse the Seller not to exceed $1,250.00 for an appraisal of the property Closing. If this transaction does not 11 according to the terms of this Agreement at the fault or decision of the Buyer; the Buyer shall reimburse the Seller not to exceed 12 $1,250.00 for an appraisal of the property. 13 14 15 i 16 17 18 19 20 For additional provisions, see Addendum 21 All remaining terms and conditions of the Sale Agreement (and other counter offer(s), where applicable), not otherwise modified, are approved 22 and accepted by Buyer. Time is of the essence. This Buyer's Counter Offer shall automatically expire on September 13, 2018 at 5:00 ❑ a.m. 23 ❑X p.m. ("the Counter Offer Deadline"), if not accepted within that time. This Buyer's Counter Offer may be accepted by Seller only in writing. 24 However, Buyer m d~r~rYeljljir Buyer's Counter Offer any time prior to Seller's written accepts gn1/2018 5:45:09 PM PDT 25 Buyer Signature Date _ a.m. _ p.m. - City o s Ian 26 Buyer Signature 1E08455A718D41D... Date _ a.m. _ p.m. 27 SELLER'S RESPONSE (select only one): 28 Seller accepts Buyer's Counter Offer. 29 ❑ Seiler does not accept Buyer's Counter Offer AND submits the attached Seller's Counter Offer. 30 ❑ Seller rejects Buyer's Counter Offer. 31 Seller acknowledges receipt of signed copies of the Sale Agreement and all subsequent counter offers, including this Buyers Counter Offer, which 32 Seller has read and fully understands. Seller instructs that all earnest money distributable to Seller pursuant to the Sale Agreement shall be 33 disbursed as follows after deduction of anytitle insuranceand Escrow cancellation charges: (checkone) 34 ❑ First to Seller's Agent's Firm, to the extent of the agreed commission just as if the transaction had been consummated, with residue to Seller; or 35 ❑ m 36 Seller Signature P~ Date 09-13-2018 7:16 AM PDT, _ a.m. - p.m. Q Fain Shaffer 0 37 Seller SignatureJn ie-~\y v Date 09-12-2018 12:30 PM PDT _ a.m. _ p.m. Bonnie Sffaffef " v 38 Note: If delivery/transmission occurs after the Counter Offer Deadline identified above, it will not become binding upon Seller and < 39 Buyer unless the parties agree to extend said Deadline by an Addendum, Counteroffer, or other writing, jointly signed by the c 40 parties. The parties' failure to do so shall be treated as a rejection under Seller's Response, above, in the Sale Agreement and this 41 transaction shall be automatically terminated. 42 Seller's Agent Noriko Hansen Buyer's Agent Eric Poole / Eric Herron r, This form has been licensed for use solely by Eric Herron pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS t- SYMBOL REQUIRE A SIGNATURE AND DATE Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 004 J Full Circle Real Estate, 240 E. Main Street Ashland OR 97520 Phone: 5416906776 Fax: Parks and Rec - E. pp Eric Herron Produced with zipForm® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoaix.com s cl, n UUUYJa~II CIIV^tl1UpC IU. OVOVVJYO'LJI'Y-YJryl-Uf1UU',VJJLVI~JJVCV u OREF Sale Agreemenl# 09052018-EPIEH ~ P:epuOtaltmefum.. LLE SELLER'S COUNTEROFFER No. 1 1 This is a counteroffer to ❑X Sale Agreement or ❑ Buyers Counteroffer 2 Seller. Fain Shaffer Bonnie Shaffer 3 Buyer. 4 The real property described as: E Main St Ashland OR 97520 5 AGREEMENT TO SELL: Seller agrees to sell the real and personal property upon the terms and conditions set forth In the Sale Agreement and 6 subsequent counteroffers where applicable, a ce as modified as follows: l Buyer to expect the closing of the contlnnent property sale 7 onibefore 1011012018.2. Close of escrow of this transaction remains onibefore 1011712018. 8 9 10 11 12 13 14 15 16 17 18 For additional provisions, see Addendum 19 All remaining terms and conditions of the Sale Agreement (and other counter offer(s), where applicable), not otherwise modified, are 20 approved and accepted by Seller. Time Is of the essence. This Sellers Counter Offer shall automatically expire on September 14, 2018 at 21 5 ❑ a.m. ❑ p.m. (the Counter Offer Deadline'), if not accepted within that time This Sellers Counter Offer may be accepted by Buyer only In 22 writing. However, Seller may withdraw this counter offer any time prior to Buyers written acceptance. 23 Seller acknowledges receipt of a completely filled in copy of Buyers Offer and Sellers Counter Offer, and all subsequent counter offers 24 where applicable, which Seller has fully read and understands. Seller acknowledges that Seller has not relied on any oral or written 25 statements of any Buyer or of any Agent(s) that are not expressly contained In the Sale Agreement as amended. Seller Instructs that all 26 earnest money distributable to Seller pursuant to the Sale Agreement shall be disbursed as follows after deduction of any title Insurance 27 and Escrow cancellation charges: (check one) ❑ First to Sellers Agenfs Firm, to the extent of the agreed commission just as if the 28 transaction had been consummated, with residue to Seller, or Q 100% to Seller 29 30 Seller Signature Date oe.07-20184:31) PM PDT _a.m._p.m.. --DD Fain Shaffer P/~ 31 Seller Signature l3ov~yLiz ~.ha.!'Azr Date namamn 4-ag PM Pnn _a.m._p.m.f BonnVhafi 32 BUYER'S RESPONSE (select only one): 33 ❑ Buyer accepts Sellers Counter Offer. 34 ® Buyer does not accept sellers Counter Offer AND submits the attached Buyers Counter Offer. 35 ❑ Buyer rejects Sellers Counter Offer. Qw 36 Buyer acknowledges receipt of signed copies of the Sale Agreement and all subsequent taunter offers Including this Sellers Counter 0 37 Offer, where ap e,1011M9f Myer has fully read and understands. Q 9/11/2018 5:45:09 PM PDT 38 Buyer Signature Date _a.m._p.m..- 0 ~ 710845!iAT1813411)... ' u 39 Buyer Signature Dale _ a.m. _ p.m. f- Q 40 Note: If delivery/transmission occurs after the Counter Offer Deadline Identified above, it will not become binding upon Seller and Q 41 Buyer unless the parties agree to extend said Deadline by an Addendum, Counteroffer, or other writing, jointly signed by the N 42 parties. The parties' failure to do so shall be treated as a rejection under Buyers Response, above, and this transaction shall be a 43 automatically terminated. N p 44 Sellers Agent Noriko Hansen Buyers Agent Eric PoolelEric Herron This form has boon licensed for use solely by Noriko Hansen pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Q LINES WITH THIS SYMBOL REQUIRE A SIGNATURE AND DATE v Copyright Oregon Real Estate Forms, LLC 2018 www.crefonline.com OREF 003 .d a No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC Page 1 of 1 > wlMermere VaeMeet &Ala.,, 375 Lllhlq Way Asldnnd Or 97520 Phone; (541)8214092 F= (541)418242D E.W. sl 0F6 Nodko Name. PmduwdW1hz7PFarm0byz1PLoglx 18070 Fifteen Mile Road, Freser, Mlchlgan48026 w .Z'*Loukeom N '0_1) Q UYI.LJIgII CIIVCI VtIC IV. VVOVVVYJ'LJfY'YJNI:.'VNV U'I V:NLVNJWLV 12t AD OREF VACANT LAND DISCLOSURE ADDENDUM Property Address E Main St Ashland OR 97620 INSTRUCTIONS TO THE SELLER 1 THIS IS A VACANT LAND DISCLOSURE ADDENDUM ("DISCLOSURE ADDENDUM") MADE BY THE SELLER CONCERNING THE 2 PROPERTY LOCATED AT E Main St Ashland OR 97620 (THE "PROPERTY"). THIS IS NOT 3 A WARRANTY OF ANY KIND BY THE SELLER OR ANY AGENT OF THE SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR 4 WARRANTIES THAT THE BUYER MAY WISH TO OBTAIN. 6 Please complete the following form. Answer all the questions. If a question Is not applicable to this Property, mark N/A. Please explain each 'YES" 6 answer to detail at Section VI below or on a separate page and attach pertinent documents and Information Please refer to the section and Item 7 of the quesllon(s) when you provide your explanation(s). Please dale and sign each page of this Disclosure Addendum and each attachment. 8 SELLER(S) AUTHORIZE(S) ALL AGENTS TO PROVIDE A COPY OF THIS VACANT LAND DISCLOSURE ADDENDUM TO OTHER REAL 9 ESTATE AGENTS AND PROSPECTIVE BUYERS OF THE PROPERTY. NOTICE BUYER 10 A. Buyers. have a duty to pay diligent attention to any material defects In or about the Property that are known to. them or can became known 11 by utilizing diligent attention and observation, and by employing competent experts. Your real estate agent Is not responsible to conduct 12 your due diligence, and may not render advice about property conditions or legal Issues. 13 B. The disclosures set forth In this Disclosure Addendum and In any amendments thereto, are made only by the Seller and are not the 14 representations of any financial Institution that may have made or may make a loan pertaining to the Property, or that may have or take a 16 security Interest In the Property, or of any real estate agent engaged by the Seller or Buyer. A financial Institution or real estate agent Is net 16 bound by and has no [[ability with respect to any representation, misrepresentation, omission, eroror Inaccuracy contained In another 17 party's disclosure statement or any amendments thereto, YES NO UNKNOWN NIA - 1. TITLE 18 ❑ ' ❑ A.1 Is this Property a legal lot of record? 19 ❑ ❑ ❑ A.2 Is this Property subject to any of the following? ❑tirsldghlofrefusal ❑opgon ❑[easeurrental 20 agreement []other Usling ❑Iffeestate []Timber Contracts 21 ❑ ❑ ❑ B. Are there any of the following? ❑ encroachments ❑ written ororal boundary or fencing agreements 22 ❑ boundary disputes ❑ recent boundary changes. 23 ❑ ❑ C. Are there any of the following?[] tights ofway❑easements (other than normal utility easements) 24 ❑ access limitations ❑wdUen or oral agreements concerning the use or access tolfrom this property 26 ❑ ❑ ❑ D. Istherea[]written or []oral agreement forjoinlmainternance ofan easement? 26 ❑ ❑ E Any sale, transferor reservation of development, water ordminage rights? on 27 ❑ f~ ❑ F. Any sale, transferor reservation of oil, gas, mineral rights, or Umber rights? 28 ❑ uz ❑ G. Are you aware of any governmental study, survey, or notice thalwou[d affect this Property? 0 29 ❑ ❑ ❑ H. Are there any pending or existing assessments against this Property (other then real property taxes not yet due 30 for the curren(year)? U1~ 91 / L What is the current zoning for the Property! f~I1~~JJJ~--- 32 J. What Is the current use of the Pmperly7,N nyl-~ rv'r ' m 33 ❑ ❑ as K Are you aware of any pending land use changes? Buyerlnltiais -Data qty Seller Initials / ale 'Z IMP ' 9/11/2018 5:45:09 PM PD V, This form has bean licensed for use solely by Norike Hansen pursuantto a Forms License Agreement with Oregon Real Estate Forms, LLC. Ga Copyright Oregon Real Estate Forms, LLC 2018 www.otefonllna.com go No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF.019 Page 'l of 6 v {P dvm,ere Van VIM &AUe075L461v lPoPmdund On 91530 a,1802: (s ,ioai Fax: r54n1d3-131a RFivinal Nvrikvlivvuv tl Wlh llpFarm®by xlplvaix 18070 FJleen Mile A-0. Frasdr, kUrhrgenxae28 mww,r,xbraalx cam Prvduce 7 rb rn Ca I Southern Oregon MLS VACANT LAND DISCLOSURE ADDENDUM Property Address E Main St Ashland OR 97520 34 ❑ ❑ L. Is there a land survey for tills Property? Survey Number (if known) 35- ❑ ❑ ❑ M. Is this Property subject to any recorded or unrecorded Covenants, Conditions, and Restrictions? 36 I.-J! ❑ ❑ N. Are there any conservation, easements, or agreements? YES NO UNKNOWN 'N'IX '11. GENERAL INFORMATION 37 ❑ ❑ ❑ A. Have there been any setting. soil problems, standing water, 8oodlng, or drainage problem on Ihts Properly? 38 ❑ ❑ ❑ S. Does the Property contain soil used to fill, build up, or level areas of the ground (°811 dirt")? 3o ❑ ❑ 1. If yes, does the fill did contain foreign materials (e.g. wood, rock, debris)? 40 ❑ ❑ ❑ 2. If yes, was the fill did compacted? 41 ❑ ❑ C. Has this Property been Identified as'Wetland', antiquities, dunes area, or other similar designation? 42 ❑ ❑ D. Is the Property in a designated good or slide zone? FEMA Map dl (if known) 43 ❑ ❑ ❑ E. Has there been major damage to this Property from fire, wind, good, earth movement, or landslide? 44 ❑ ❑ . ❑ F. Are you aware of any above ground or underground tanks used for any purpose (e.g., fuel, chemical, septic, 45 abandoned tanks, etc.) currently or previously In use on the Property? 46 ❑ ❑ ❑ G. Are you aware of any hazardous material, toxic waste, or trash dumping on this Property? 47 ❑ ❑ ❑ H. Are there any structural Improvements or personal property located on the Property that are Included In this 48 transaction? If "yes" list all Items: 49 50 ❑ ❑ ❑ ❑ 1. Are there any defects or problems with any of these Items? If °yes° describe all problems and defects: 51 52 ❑ ❑ I. Has this Properly been used for the manufacture or distribution of Illegal substances, excluding marijuana? 53 Note: Although marijuana has been legalized for medicinal and recreational use In Oregon, it remains a 54 'Controlled Substance' under Federal Law, and Is Illegal. See 55 lhttos•//www whitehouse eov/ondcn/state-Iaws-rclated-to-marjiuana 66 ❑ ❑ ❑ J. Has this Property been used to legally grow marijuana for either medicinal or recreational use as permitted 67 under Oregon laws? 58 BUYER MAY WISH TO INVESTIGATE FURTHER ANY OF THE ISSUES MENTIONED ABOVE. 59 ❑ ❑ ❑ A. Is there currently a domestic water supply for this Property? 60 1. If'yes", from what source?[] public utility []community watersyslem ❑privatewell < 61 ❑elier(specify) m 62 2. if 'no", is a permit required []Yes ❑ No. Has it been applied for? []Yes ❑No 63 ❑ ❑ ❑ B. If Property Is currently supplied from a wag: 0 rn 64 ❑ ❑ ❑ 1. Is there more than one well serving the Property? e m 65 ❑ ❑ ❑ ❑ 2. Is (are) the well(s) located on the Property? (If No, attach explanation). m ns A :45:09 PM PDT ~J N Buyer In! als -Date Seller Initials 1 Date _ on A s been licensed for use solely by Noriko Hansen pursuant to a Forms License Agreement with Oregon Real Fatale Forms, I.I.C. This farmha f Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com No potion may be reproduced without express permission of Oregon Real Estate Farms, LLC OREF 019 ,o Page 2 of 5 d FmdvwdvAthzrpFnnlWbyzlplaglx 1900 Fifteen ANe Road, Fras, Mkhloaa490t3 v 7;nlaolrmm U1.1.sl d 7 A hltpsliloginlax.rapmis.comlMenu.aspz?hidMLS=SORE&SID=210e6668-5Ob4-4db5-hed2-66ec3b9dl893 313 VACANT LAND DISCLOSURE ADDENDUM Properly Addr ss EMain St Ashland OR 97620 66 ❑ ❑ ❑ 3, Is (are) the well(s) shared? 67 ❑ ❑ ❑ ❑ e• Is there an oral orwriften agreement fora shared well? 68 ❑ ❑ ❑ b. Is there an easement (recorded or unrecorded) foraccess to and maintenance ofa shared well? 69 ❑ ❑ ❑ 4. Is a copy of the well log(s) available? 70 ❑ [7f 5. Well depth(s) Is estimated to be feet 71 ❑ 6. Well(s) supply approximately gallons per minute (GPM) of water. 72 a. This figure is taken from ❑ well log ❑ a now lest of the well performed when 73 and by whom 74 ❑ ❑ ❑ 7. Is there a holding lank In addition to the pressure tank for the walersystem? 75 a. If "yes", what Is the capacity of the lank? gallons, 76 8. Well Is_yeare old.Pumptype:[] submersible❑1el.Pumpmake 77 Installed by dale 78 Serviced by date of last service 79 ❑ ❑ ❑ 9. Are there any known problems with the water system? 80 ❑ ❑ ❑ 10. Have there been any repairs to the water system? 81 ❑ ❑ ❑ 11. Hasa ❑colifmmbacteria []nitrates[] arsenic or E] otherwaler quality test been performed on 82 domesUcwater supply? Ifyes",when by wham 83 ❑ ❑ ❑ C. Is there a water treatment system?Ifyes', []ownedor []leased? 64 1. If "yes", for what purpose was the water treatment system Installed? 85 ❑ ❑J ❑ ❑ 2. Is the water treatment system In good working order? (if No, attach explanation). 66 ❑ LI ❑ E] D. Are there any abandoned wells on the Property? 87 El El ❑ E. Do you have other pertinent information regarding the water supply? Ifyes', please attach an explanation. as El 11 ❑ F. Are there any Irrigation wells? Ifyes", how many?. 89 E] ❑ ❑ G. Are there water appropriation rights for this Property? 90 ❑ ❑ ❑ ❑ i. Have the wafer tights been certified by the State of Oregon? 91 2. To what body ofwaler do the water rights pertain? 92 ❑ ❑ 3. Have the walerrights been used beneficially during the last five years? 93 ❑ .L11 ❑ ❑ H. Are any man-made ponds or bodies of water on this Properly? ¢ 94 ❑ ❑ ❑ ❑ 1. Ifyes", Is there a permit? w D 95 BUYER SHOULD HAVE ANY NONPUBLIC WATER SOURCES TESTED FOR POTABILITY AND ADEQUACY OF SUPPLY. YES NO UNKNOWN NIA IV. SEWAGE rn e U 96 ❑ ❑ ❑ A. Is sanitary sewer currently available to this Properly? ¢ 97 1. If "yes', where is the sewer line located? g6 ❑ ❑ ❑ 2. Iloilo", will such service be available In the future? co r, O us Buyer Initials -Date :45:09 PM PDT Seller lnillals / ale a. O This form has been licensed for Ilse solely by Noriko Hansen pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Copyright Oregon Real Estate Forms, LLC 2018 www.omfonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 019 Page 3 of 5 ti u PmducedvAN9pF0mreby8pLv84790y0 Fineen Mpe avaE, Fraser,Mkhlean4eaZe uvnnzmleoMa+m EArniv at u ob y Q ,Q VACANT LAND DISCLOSURE ADDENDUM PropeWmdrdress E Main St Ashland OR 97620 89 ❑ Q ❑ ❑ B. Are you aware of any sanitary sewer proposed for this Property? Igo ❑ C. Is there a septic system on (his Property? 101 1. If"yes", what type of system? ❑slandard cap fill ❑ sand ffllrallon []other 102 2. Last Inspected by dale 103 Please attach copies of the Inspection report and Invoice 704 J 3. Date septic system was last pumped by wham 105 ❑ ❑ ❑ 4. Any known problems orrepalr6? If'yee, please explain on attached sheet. 108 ❑ ❑ ❑ D. If aseptic system will need to be installed, is there a current governmental approval for such a system? 107 1. 11"yes", what type of system?❑slandard ❑capfill ❑sand111tration []other 108 Data of approval 109 ❑ ❑ ❑ E. Is there an abandoned septic system on the Property? If "yes , where Is It located? 11o BUYER MAY WISH TO HAVE THE SEWAGE SYSTEM INSPECTED YES NO UNKNOWN DEED RESTRICTIONS, 111 ❑ ❑ ❑ A. Are there CCBRs? 112 ❑ ❑ ❑ B. Is there a Home or Unit Owners' Association? 113 1. If "yes" 1Mto Is the contact person? 114 contact Information: 115 2. Monthly or annual dues Assessments 118 ❑ ❑ ❑ C. Is this Property In an area with a neighborhood group or community organization? 117 1. If'yes', contact Information 118 119 ❑ ❑ hJ ❑ D. Are Ihere any features of this Property shared in common with adjoining landowners, such as a wall, fence, 120 roof, road, or driveway for which use or maintenance responsibility may affect this Property? 121 ❑ ❑ ❑ E. Are there any known disputes, Irregularities, or other unsettled Issues? 122 ❑ ❑ ❑ F. Are there any "common areas" (faci8ges such as a pool, recreation building, tennis court, walkway, etc.)? YES • UNKNOWN OTHER CONDITIONS OR DEFECTS 123 ❑ ❑ ❑ A. Are you aware of any other condition, defect, feature,. problem, material fact, or Issue In Its Immediate 124 vicinity, affecting the buyer's use and/or enjoyment of this Property? VIL DOCUMENTS AND EXPLANATIONS 125 Please Ilst any attached documents, reports, explanations of "Yes" answers, or those questions indicating an explanation 126 here: 0 127 128 m 129 130 131 M 132 Y 133 Ds (Attach Addendum IfnecessaW Buyer trillal ! Data9/11/2018 S J45:09 PM PDT Seller initials / ale r re q This form has boon licensed for use solely by Noriko Hansen pursuantto a Forms License Agreement with Oregon Real Estate Forms, LLC, Copyright Oregon Real Estate Forms, LLC 2018 www.orefonline.com OREF 019 . ¢ No portion may be reproduced without express permisslon of Oregon Real Estate Forms, LLC Page 4 of 5 ti - w Produced W119upFWr4byrlpLa91z 19079 FiftenWa Read. Fmeer, 09 9=49929 v„rxziAQQn m &KI.In St 7 gh rn A .~vvr,vey., u.• .r,.~ ,v. rv~~vu~.i cam, t 1VnL vnJ,., , VJJLVPIJVOLIi VACANT LAND DISCLOSURE ADDENDUM Properly Address E Main St. Ashland. OR 97520 134 SELLER REPRESENTS TO BUYER THAT THE FOREGOING ANSWERS IN THIS VACANT LAND DISCLOSURE ADDENDUM, TOGETHER 135 WITH ALL INCLUDED DOCUMENTS AND INFORMATION, IF ANY, ARE COMPLETE AND CORRECT TO THE BEST OF SELLER'S ACTUAL 136 KNOWLEDGE, WITHgUl FURTHER INVESTIGATION OR TESTING. 137 Seller's Signature 6({r' J I~Pd° Dale 0a26-2016 _ a.m:_ P.M. Irn~fS,~hatFer' ///7I ,r [J 138 Seller's Signature Ir /V77(;b UVLW Dale p.m.r- onnle Shaffer 139 UNLESS PREVIOUSLY WANED BY BUYER IN WRITING,SELLER SHALL DELIVER A COPY OF THE COMPLETED VACANT LAND DISCLOSURE ADDENDUM TO ANY 140 BUYER MAKING A WRITTEN OFFER TO PURCHASE THE PROPERTY. BUYER SHALL HAVE THE ABSOLUTE RIGHT TO REVOKE THEIR OFFER, FOR ANY REASON 141 OR NO REASON, BY GIVING WRITTEN NOTICE TO SELLER WITHIN FIVE (6) BUSINESS DAYS FOLLOWING THE DATE OF SELLER'S DELIVERY OF THE DISCLOSURE 142 ADDENDUM TO BUYER (THE "REVOCATION PERIOD"). UNLESS PREVIOUSLY WAIVED IN WRITING, IF BUYER'S RIGHT OF REVOCATION IS NOT TIMELY 143 EXERCISED IN WRITING BY MIDNIGHT AT THE END OF THE LAST DAY OF THE REVOCATION PERIOD, IT SHALL AUTOMATICALLY EXPIRE IN ALL EVENTS, SAID _ 144 RIGHT OF REVOCATION SHALL EXPIRE UPON CLOSING OF THE TRANSACTION. O 0ocuSigned by: r e ~ r I a I r- 9/11/2018 5:45:09 PM PDT F,pegS~(ileO~LY'1 C1"!~ 9/12/2018 10:37:00 AM PDT /PoJv`RL ff-e'vi Q 0 Q a b U M W W Q Q N T a This form has been licensed for use solely by Norlko Hansen pursuant to a Forms License Agreement with Oregon Real Estate Forms, I.I.C. t? Copyright Oregon Real Estate Forms, LLC 2017 www.orefonline.com m No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF019 Page 6 of 5 v P,oducedwilhtlpFomAbyzrpLogk 1807o Fifteen We Road, Fraser, Ml pn 49028 vn 9DLnocmm Eetei"St W^ 7 ml p I Council Business Meeting October 2, 2018 Agenda Item Approval for Safe Routes To School Grant Application From Scott Fleury P.E. Deputy Public Works Director Contact Scott.fleury(a.ashland.or.us 541-552-2412 SUMMARY Before the Council is a request to authorize staff to proceed with a grant application for the Oregon Department of Transportation (ODOT) Safe Routes to School (SRTS) infrastructure program. Staff previously submitted a letter of intent (LOI) for the SRTS program in order to have ODOT determine the eligibility of the City's recommended sidewalk infill projects and obtain approval to submit a full grant application package. ODOT approved the City's intent and invited the City to submit a full grant application package for SRTS sidewalk improvement projects listed in the City's Transportation System Plan (TSP). POLICIES, PLANS & GOALS SUPPORTED Council Goals: 1.1 Engage the community in a conversation about core services, desired service levels and funding mechanisms. 4. Evaluate real property and.facility assets to strategically support city mission and goals. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources Transportation System Goal: Goal 2: Make safety a priority for all modes of travel. Goal 4: Create a system-wide balance for serving and facilitating pedestrian, bicycle, rail, air, transit, and vehicular traffic in terms of mobility and access within and through the City of Ashland. PREVIOUS COUNCIL ACTION No previous Council actions regarding this request. The Council has previously approved similar applications with respect to grant funding of SRTS sidewalk projects. BACKGROUND AND ADDITIONAL INFORMATION "Safe Routes to School" refers to efforts that improve, educate, or encourage children to safely walk (by foot or mobility device) or bike to school. The Oregon Department of Transportation has two main types of Safe Routes to School programs: infrastructure and non-infrastructure. Infrastructure programs focus on making sure safe walking and biking routes exist through investments in crossings, sidewalks and bike lanes, flashing beacons, and the like. Non-infrastructure programs focus on education and outreach to assure awareness and safe use of walking and biking routes. Investments include developing Safe Routes to School Action Plans, Pagel of 3 CITY OF ASHLAND educating students on walking and biking options and how to do use them safely (laws, rules, and guidelines). among other efforts. ODOT's Safe Routes to School programs are focused on providing grants to make it safer for Oregon's children to walk or bike to school. ODOT also houses information resources and provides some technical support. House Bill 2017, also known as the Transportation Bill, specifically set aside monies for the SRTS program through 2024. There is $18 million available for FY 19/20, and $10 million per year through 2024. The total funding includes both infrastructure and non-infrastructure programs. For this current cycle, the maximum project cost is $2 million per project. Public Works staff submitted the following projects as part of the initial x - E MAII LOI process: 1. P23-N. Wightman Street sidewalk infill 2. P59-Garfield Street sidewalk infill 3. P60-Lincoln Street sidewalk infill , 4. P61-California Street sidewalk infill < o W All projects submitted under the LOI are deemed high priority SRTS Iwan sidewalk infill projects in the current TSP. These projects were chosen as they are within 1 mile of multiple schools including Walker Elementary. If awarded, the proximity to Walker Elementary would reduce the grant hard match to 20% based on grant requirements. This grant match reduction is based on schools within I mile of a school that ° e~ wESSTE sr provides 40% or greater free and reduced cost lunches, of which Walker Elementary qualifies and this is also a priority scoring parameter for grant applications. If there had been additional funding, staff would have included the railroad crossing on Wightman Street. It is estimated that the Wightman Street railroad crossing improvements would be $750,000 or more and that project added to the others the City has requested is well above the targeted $2M project costs. The City's 2013 Transportation System Plan prioritized sidewalk connections based on the community's desires. The pedestrian project costs were recently updated with the City's Transportation Systems Development Charges (August 2018). Of the $56 million in overall transportation projects, over $16 million represent pedestrian enhancements, and of that, $10 million is anticipated in grant funding without which these sidewalk and pedestrian projects would not be constructed. There will be numerous other funding opportunities throughout the life of this ODOT program to strategically focus on the City's other SRTS sidewalk infill needs. FISCAL IMPACTS The SRTS grant requires a 20% or 40% hard match depending on Title 1 School funding breakdowns. City staff estimate we would qualify for the 20% match based on a 1 mile walking radius to local schools in the project vicinity and 40% eligibility for free lunch at Walker Elementary. The estimated project totals for the grant are $1,682,411, requiring $336,482 for the City's 20% match. 1. P23-N. Wightman Street $708,086 (does not include improvement to rail road crossing) 2. P59-Garfield Street $371,340 3. P60-Lincoln Street $238,089 4. P61-Calinfornia Street $364,896 PROJECT TOTAL: $1,682,411 Match (20%): $336.482 Page 2 of 3 CITY Of -ASHLAND Staff would identify the required match funds as part of the 2019-21 biennium budget process for fiscal year 2020 to support the project. The match would come from the Street Fund and revenue generated through street user fees and gas tax. Soft costs include staff time required to manage the project if a grant is received. Public Works has the capacity and staff knowledge to manage a grant project of this nature and can adjust work tasks with other capital and maintenance projects as needed. STAFF RECOMMENDATION Staff recommends the Council approve moving forward with the final grant application package for SRTS infrastructure improvements. ACTIONS, OPTIONS & POTENTIAL MOTIONS Council has three potential motions: • I move to approve a City of Ashland Safe Routes to School Infrastructure Grant Application for $1,682,411, understanding this will require $336,482 match by the City from the Street Fund that will be realized in in the 2019-21 biennial budget process. • I move to request the City take no action and not submit the SRTS Grant. • 1 move to amend proposed SRTS project list to eliminate or add REFERENCES & ATTACHMENTS Attachment 1: City of Ashland Transportation System Plan Sidewalk Project Map Attachment 2: Safe Routes to School ODOT Presentation Page 3 of 3 CITY OF ASHLAND City ofAshland Transportedon System Plan Update October 2012 LW v.rrr a t i r 7 , 77 r I' L rsrele - I s 5 .r.. T, i•r h. . \7 I r J Sidewalk Infll Projects -!SOU Carron. High Priority - Perks CITY OF Figure _ Mad PdodN Wadonda -ASHLAND ~L-Pdodty Airport Sidewalk Priority Projects i> Sale Routes to Scl+od Route =cky Llmha tdM 7-1 q - Exisft Sidewalk d u rool',- Al 1~ - Wei M co e a - ; - Please pick • the handouts from the table by the door. Who, e Workshop will begin shortly. ~.4 . w I i 4A SCHOOL -14 > i fe Routes to School • Manager v~~~; Introductions 4 r What is Safe Routes to School? Funding for Safe Routes to School The SRTS Infrastructure Program 1 Wa1K~g~K~ t - _ • • developing • good • • • • Project Samples Questions and answers What is Safe 'Routes to School? The 6 E"s of SRTS Education Encouragement Enforcement Evaluation 0' Eq u ity Engineering 43% Increasel F 10 u F1 C 2 Average Rates of Walking and Bicycling to -Schaal by Length of Participation in Safe Routes to School Program" 35% 32.2 -.C 26_ 2 b c /1, 2L3.0 ~1.5 20.3 20CD 18-1 15% a/o RAforp 0-1-1-0 1.1-2.0 2.1-3_[) 3.1-4-0 4-1-5-0 5.0 SnTS yerar3 yeart3 years years years years ODOT Safe Routes to School Non- Program f Program details ' r Call • applications: 2019 500K annually now, 1M annually in 2020 School districts, local agencies, community-based organizations may apply • • r fr 1 j .1 r7 Z144- rastructure Program Manager, ~ °w Transportation Division, a t , 1 F 9 a a►. i Safe Routes to if +z' School Funding! `t F fr~ i 2017 • Dedicates $10M-$15M off-the-to for SRTS SRTS Fund a • Money is deposited in SRTS Fund (ORS 184.740) SRTS Regulations • The Fund is guided by the 2005 regulations (ORS Rulemaking needed 737-025) Rulemaking Committee ~ S - : ~ , roaruMicanar cauuwanoeaoiuuw+nor r - r - - J•: is qf~ W Jan NOV April Narrow High Values and Program level Outcomes Design Guidance roc 0 m • - is is is is Program opens 44iw Dec c Feb- May-June Program March OTC Design Recommend approval Ideas Draft Rules i-✓`rni z~ m,a t a (ray :a. d s~ .y ~ il ' ` ✓.i~ SIRTS Infrastructure . . Program Overview 40, y "rte" ill 10M annually, increasing to 15M in 2023 COMPETITIVE GRANT The majority of the funds, 87.5 percent or PROGRAM: greater, will used in a competition to build street safety projects to reduce barriers and hazards for children walking or bicycling to or from schools. RAPID RESPONSE GRANT Up to 10 percent of funds will be used for PROGRAM: urgent needs or systemic safety issues that occur in between Competitive Program Grant ■ Competitive cycles. Rapid Response Project Identification PROJECT IDENTIFICARTION Up to 2.5 percent of funds will be used by GRANT PROGRAM: ODOT to help communities identify projects to reduce barriers and hazards for children walking or bicycling to and from school and that will lead to eventual construction. Show Me the Money...Details Annual 2018= 8.31VI allocation FY 19-20= $18.33M 2019=10M 2020= 10M FY 21-22=af s 2021= 10Mk $30M 2022= 10M - 2023= 15M w ~f FY 23-24= t $30M 2024= 15M Money continued Min/Max Competitive Minimum funding request = $60K Program ` , L _s wR 5il 4-1 4 Maximum funding V77 X request= $2M S-- J J i Minimum funding Rapid request= N/A= Response - Maximum project Program request= $500K Project N/A Identification Program • • Details Project Identificatio Rapid Response Program • Spring 2019 Spring 2019 Stay tuned • Same eligibility as • Workshop to Competitive, plus create SRTS immediate need Infrastructure Plan and immediate First come first opportunity serve • First come first Prioritize serve underserved • Prioritize communities underserved communities Compet*it*ive Grant Program Deta'lls Timeline for 1St cycle Eligibility X11 ' la` '6 Match k) Project Selection t k= °+a Project Delivery Competitive Grant Program Timeline July 23, 2018: Solicitation Starts 1st 6 Cycle August 31, 2018: Letter of Intent Due October 15, 2018: Application due 7.o,, 12 r. October-November: Staff review f.' $16M December 2018 -January 2019: SRTS Advisory Committee makes recommendation February 21, 2019: Project list is presented to the Oregon Transportation Commission March 2019 - 2024: Agreements signed and projects built. Eligibility: Who can apply.? Transit Other Road Districts Authorities k~ff Pro ect Proposal Eligibility • • •s •o• • ® • os r Meets Focus Area • • everage- Criteria match Title I school } 4t a Fit withi,n,a plan i On a public ° of way IS Publically owned land: Surface, shoulders, ditches, other drainage facilities in the public border between the ditches. ROW *To be purchased IS not School property public ROW Private property Off- street path Ability to leverage- has match 20% cash match required Provide a The school is located in a cash match 20 percent of city with a population of of at least the total 5,000 or fewer; 40 percent project's COStS of the total The project reduces project's when one or hazards within a Priority costs more of the Safety Corridor; OR OR follow i n s The school site qualifies conditions apply: asaTitle lSchool. Ability to leverage- has match Definition of Cash Match r "Cash Match" is actual funds provided by the applicant that are reasonable, necessary and directly related to the Project and funded by the applicant. Actual funds may be considered up to two years prior to the project application deadline. Education and outreach efforts at the school do not constitute cash match. i. Affect • • • to walk and bike to school r ~ School *Support of the School District or .c f 84.4 Work with the so r school community to Fchoose needed project Letter of - V~'y Support v required 4 4y w. X50 sus I I Proximity to School- with SAFE ROUTES TO SCHOOL WEB APPLICATION BETA ODOT Safe Routes to School Site I I Email Questions & Comments aubuc stlsools ehpibk for fords may na be •sWayed. Show resuhs wi[hin i Miles © ® ® Operational layers 5 . Q Scnoos •h.~'.. Injury Crashes (4) > © ep eedes[rian Injury Crashes 'raffc Flow IS-. Highways) (S) > . a Bicycle Injury Crashes r11 VehicI.MjuyCrashes L'7 SCHOOLS se xo generae a lisx of schools within a speufied boundary (i.e. -.my, c.. f+edestden Fatal Creches S.arch for a Bicycle Fetal Crashes -._.~..t urwndarv to s~aich fnr choolc _ 1 ~ Q Vehicle Feral Crashes Buller disunce (opdonel) - Traffic Flow(State High-Heys) Show resuhs wixhin Traffic Flow (N-State Foads) 0 Nil 0 4aendance 13-dares %pulafon Cenyry(Census Block Grouos) J https://geo.maps.arcgis.com/apps/webappviewer/index.html?id=33d00a3d7181433d85abfce78b8ae879 Meets Focus Area Criteria for this round: Title I school SCHOOL "Title I School" refers to a school in which children from low income families make up at least 40 percent of enrollment. Meets Focus Area Criteria for this round: Title I school SAFE ROUTES TO SCHOOL WEB APPLICATION BETA ODOT Safe Routes to School Site I I Email Questlons & Comments I Some wbso Khoola el9ble fw Fnds may nkk ba dnlayad. FxPLCPE 11D r1AT4 maP ❑ LEGEND 7 -rch sr, addressor !oceteon mePy~ Operational layers Select search options from crop down Ct I 1 .M tata la SCh001$ ybo I Sh-,..h .,thin t Uiba © I . Q Pedestrlar InILry Crashes 5 )0 Bicycle lnuryCrashes ~FJCLS `r` 1 .0 Vehicle Injury Gashes use to generate a in of schools within a specified boundey (i.e. county, 10 Pedeaoien Fetal Crashes i ~eerch fora location Bicycle Fetal Craabes S led heund:~rr ;o search for schoCls nabel l % Q Vehkle Fnel Crashes School cu`rerdstanee;opti-l) Q TrafFC Floe (State High.ays) 7ho~~ re5uhs wrth:n { - heco " y Q TrafFo Floe (Non State Roads) 0 Iles uida n y ' I 4 y Q Attendan_e Soundenes Pop uI., Dendry (Census Block I ~ - t Grade 9 i waltervlli, - _-est Grade 72 ~ ~ Groups) 1 Nimrod '-IYear 2016.2017 I I ?oy I 1 I j m f https://geo.maps.arcgis.com/apps/webappviewer/index.htmI?id=33d00a3d7181433d85abfce78b8ae879 Cafety- provide a safety ~J benefit Priority Safety Corridor "Priority Either the posted Safety or 85th percentile Corridor" is seed is 40 miles SAFETY p FIRST a project in per hour or an area with greater or high-risk factors that Two o r more of speed limit 30 miles per hour or greater; are known the following more than 2 lanes or a crossing to impact exist: distance greater than 30 feet; 12,000 or greater annual average safety. daily traffic; has a demonstrated history of crashes related to school traffic. • • safet Project Examples Pedestrian Install Continental Install Curb Ramps Install Median Install sidewalk Install Raised Median Crosswalk Markings and Extensions Refuge island with Marked Crosswalk and Advance with a Marked Pedestrian Warning Crosswalk and Signs at Pedestrian Warning Uncontrolled Signs Locations Pedestrian/Bicycle Provide Convert 4-Lane Roadway to 3-Lane Install Advance Pedestrian or Bicycle Warning Intersection Roadway with Center Turn Lane Signs Illumination (Bike & Pedestrian) Install Bike Box at Conflict Points Install Cycle Install Bike Lanes and buffered bike lanes Tracks Install Bike Signal Install Pedestrian Install Urban Install Pedestrian Install No Pedestrian Signal Leading Countdown Phase Feature with Pedestrian or Timer(s) Flashing Yellow Arrow Bicycle Interval at Signalized Intersection • Install Rectangular Install Pedestrian Install Rectangular Rapid Flashing Install Rectangular Rapid Rapid Flashing Hybrid Beacon Beacon without Median (3-Lane or Flashing Beacon (2-Lane Beacon with More Roadway) Road) Median (3-Lane or More Roadway) Fit within a plan .r SCHOOL M Fit within a plan developed in pursuant to ORS 195.115. Plans may include SRTS Action Plan, TSP, or other locally adopted plan. ORS 195.115: City and county governing bodies shall work with school district personnel to identify barriers and hazards to children walking or bicycling to and from school. The cities, counties and districts may develop a plan for the funding of improvements designed to reduce the barriers and hazards identified. [2001 c.940 §1] Project Selection Steps Criteria selection for project prioritization Criteria review Letter of intent and application process Initial technical and priority criteria score Committee workshop to rank projects Final approval Notification and contract signed Application and LOI - - ~:x • Confirms eligibility • High level problem, solution, project descriptions • Applicant and school info x h~;l How much? Application • L01 info plus: - • Project and school specifics • Safety information ~ • Cost estimate and timeline; • Match information • Map, photos, and support letters > r • Signature page `f` Projeect Selection committee SRTS Advisory Advisory to OTC and ODOT Committee Over Both 10-15 members Programs Representative Types 1= Appointed by ODOT Director • • ~ Project Criteria and Selection 'R Consult with OTSC and OBPAC Project Selection Evaluation for Program High, Medium, Determined each funding Priorities cycle by the S RAC Lew t Targets 4y.;Fl Balance of projects outside for Ta7~ program of MPO Balance of projects near Title I Schools Priorities for This Cycle High Title I Schools Priority Safety Risk Factors Elementary/Middle schools, Readiness 47T Medium Proximity to School Priorities a ILI Mutual Benefit - f i " Low Priorities Connection to Education and Encouragement Programs Projeect Delivery High Reimbursement grant - level guidance: Monthly progress reports Sk rI k'` I y-~{Competed in 5 years +"p t Begin to expend funds ASAP at least by " F 2 ears ~Highly encouraged to incorporate encouragement programs F , Y - Y{ f Y Cost overruns are the responsibility of the applicant i w ~ ,r 7 11 Tips for Your Proposal is - yr Submitting Unfunded projects may reapply an application: Applicants deliver projects Letters of Support: Area Commissions on k Transportation, community based organizations, etc Use Safe Routes to School mapping site https://geo.maps.arcgis.com/apps/webappviewer/ind ex.html?id=33d00a3d7181433d85abfce78b8ae879 Meeting the local cash Oregon Transportation Infrastructure match Bank requirement: https://www.oregon.gov/ODOT/About/ Pages/Financial-information.aspx, Define a larger where funding project for only a portion of the project is requested from the Safe Routes to School fund. Additional Region 1: resources: Regional Traffic Safety Region 2: Nicole Charlson Coordinator Region 3: Rosa lee Senger Region 4: Chris Cheng Region 5: Billie-Jo Deal Region 1: Basil Chistopher Regional Active Transportation Region 2: Jenna Berman Liaisons Region 3: Jenna Marmon Region 4: David Amiton 1 Mod H° Na`rOfeSt Region 5: Teresa Penninger „ t st.. r st . Y. Oregon's Safe Routes to School site: httPs:/)www.ore onsaferoutes.or/ s e m , p, !Jtt ariul fu!os~ f~ Learn who your local SRTS IL ~ n nyx Mlt.,~ ~Tytpn Y,•f ' If( Coordinator is! - ks ODOT's Safe Routes to School Programs site: https://www.oregon.gov/ODOT/Programs/ Pa ges/SRTS.aspx The history of Safe Routes to School Funding in the United States: tps://www.saferoutespartnership.ors/healthy- mmunities/101/history Statewide Safe Routes to School Programs: https://wwwsaferoutespartnership.org /state/bestpractices/stateprograms I 4 l~Y P roj e ~r a MPI a Using an Existing Pro ect as Match Example New Project: Adding sidewalks and rapid flashing details: beacon to a street in front of a Title I school. The school community identified these as barriers. ttr= Existing Project: Bike lanes and a crossing are 71 r .x- a,. _ already being added as part of a local project. These pieces constitute the 20% match. Project is eligible and competitive due to high ` school support, readiness and safety. Project is funded and built! Project Match Example #1 Existing Project r I tmmak k ` 1 Resurfaced streets ® Added bike lanes 2 ® Adding crossings - Expanded (SRTS) Project V / • dl ~ Y j' i 1 Adds sidewalks Adds RRFB IN R ,.ma . M'v Federal as Match Using Example Project: Sidewalk infill and additional marked crossings details: project near Title I, identified by school community as a barrier STIP project installs curb ramps (provides 20% match) ,f d 77 W Project is federalized due to the match and must be delivered by a certified agency. Project is eligible and selected due to safety risk factors, readiness, etc! Project Match Example #2 r Existing Project C Resurfaced street ® Fixed curb ramps Expanded (SRTS) Projects Adds sidewalks ry, Adds crossings di , ii Using ROW and Design as Match Example Project: New sidewalk built in front of Title I school, details: identified by school community as a barrier. Agency purchased right of way in front of school and designed the project as part of preliminary a ` F engineering, meeting the 20% cash match requirement. y1.4 r ~xF c ; 1 h1 4 IL .r a~~' ~ Ss ,i & Yk Aav~.7 .g q .t J" ,,.may 4 xd ~ ~ v Project is eligible and selected due to safety risk ~ actors, readiness, etc! Project Match Example #3 Existing Project • Purchased ROW Designed fixes (PE) 1; mail 11; Expanded (SRTS) Project Adds sidewalks Stripes bike lanes r-, r""71 ti t i[ Qan 0 y 17, .04 h. Sr1 ~`s r 1 Y.. I 74 , Al Contact:.. LeeAnne Fergason O D OT S RTS Program Manager LeeAn ne. Fergason @odot. _ t state.or.us tl (503) 986-5805 Sign up or updates at. X- https://www.oregon.gov/ O DOT/Programs/Pages/S 4.4 RTS. a s px r.= y 4 - M s.. Council Business Meeting October 2, 2018 Agenda Item Housing Planning Assistance MOU - City of Ashland and Department of Land Conservation and Development (DLCD) From Bill Molnar Community Development Director Contact Bill. molnar(a)ashland.or.us 541-552-2042 SUMMARY The proposed memorandum of understanding (MOU) between the City of Ashland and the Oregon Department of Land Conservation and Development (DLCD) is for the purpose of preparing a Housing Strategy Implementation Plan. DLCD will provide funding for a consultant to analyze the effectiveness of strategies and specific tactics targeted at increasing the supply and affordability of housing within the City. Oregon Legislature approved a special appropriation of funds for 2018-2019 to assist cities in their efforts to promote housing availability and affordability. POLICIES, PLANS & GOALS SUPPORTED Ashland Comprehensive Plan: Regional Plan Element Housing Strategies. Participating jurisdictions shall create regional housing strategies that strongly encourage a range of housing types throughout the region within S years of acknowledgement of the RPS Plan. Ashland Comprehensive Plan: Housing Element 6.10 Goal Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city. The memorandum of understanding allows staff to work with the consultant in examining recommendations contained in the draft Ashland Housing Strategy by providing outside technical expertise in determining the potential effectiveness of specific actions directed at improving housing affordability. A draft Ashland Housing Strategy has been prepared to comply with the "performance indicators" included with the adoption of the Greater Bear Creek Valley and identified in the Regional Plan Element of Ashland's Comprehensive Plan. In addition to Ashland, five other participants in the region, Central Point, Eagle Point, Medford, Phoenix and Talent, have developed draft housing strategies as part of a coordinated approach to address regional housing issues. PREVIOUS COUNCIL ACTION None BACKGROUND AND ADDITIONAL INFORMATION During the 2018 legislative session, the legislature appropriated funds to DLCD for the purpose of providing technical assistance to local governments in increasing the affordability of housing within urban growth boundaries. Technical assistance is available for an analysis of housing needs, audits of land use codes (to identify barriers to housing development), revisions to land use codes (to remove barriers), and implementation plans for increasing housing supply. To provide this assistance. DLCD has contracted with consultants experienced in completing Housing Needs Analyses (HNAs) and updating land use codes, and the consultant will work for a city - or group of cities within a Page 1 of 2 CITY OF ASHLAND county or region - to prepare draft updates to the comprehensive plan or code. For jurisdictions with up-to-date plans and codes, assistance with developing a strategy to implement the plan is also offered. The projects must be completed and funds expended by June 30, 2019. The legislation directed DLCD to give priority to cities over 10,000 populations where at least 25 percent of the renter households in the city are "severely rent-burdened." A household is "severely rent-burdened" if the household spends more than 50 percent of the income of the household on gross rent for housing. As of 2016, 33% of Ashland renter households were identified as severely rent-burdened. In April 2018, DLCD's Southern Oregon Regional Representative, Josh LeBombard, notified the Community Development Department of the technical planning assistance approved by the legislature. A letter of interest was provided to DLCD shortly thereafter and in July 2018 the Community Development Department was notified that the City had been identified as a potential recipient of funding. The memorandum of understanding describes project objectives and major deliverables. Since State funding requires that a final product be completed by June 30, 2019, the scope of work outlines a discrete set of tasks in order to accommodate the shortened timeframe. The primary objective of the project is to evaluate and suggest changes to the city's land use ordinance as well as consider other potential tools that would result in the development of multi- family housing. The consultant will present their final recommendations to a joint meeting of the Planning Commission and Housing and Human Services Commission, and also at a separate meeting before the City Council. FISCAL IMPACTS The project must be completed efficiently because funding is available for only one year. Therefore, DLCD has contracted directly with a land use consultant that specializes in the specified products described in the MOU. This relieves the City of Ashland from the burden of selecting a consultant and managing a grant. There is no "match" requirement for the City of Ashland. Staff time will be necessary to support the development of the draft implementation strategy, prepare agendas and compile meeting materials for public meetings before the Housing and Human Service Commission, Planning Commission and City Council. It is anticipated that over the projected timeline for the project (November 2018 through June 2019), a few hours of staff time per week will be directed to perform project oversight, which can be accommodated without the need for additional staff. STAFF RECOMMENDATION Staff recommends approval of the memorandum of understanding between the City of Ashland and Oregon Department of Land Conservation and Development. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1 move to approve the Memorandum of Understanding between the Oregon Dept. of Land Conservation and Development and the City of Ashland. REFERENCES & ATTACHMENTS Attachment 1: Memorandum of Understanding between the Oregon Dept. of Land Conservation and Development and the City of Ashland Page 2 of 2 CITY OF ASHLAND Memorandum of Understanding between the Oregon Dept. of Land Conservation and Development and the City of Ashland Oregon Housing Planning Project - Housing Strategy Implementation Plans This Memorandum of Understanding explains and memorializes a no-cost working relationship between the Oregon Department of Land Conservation and Development (DLCD) and the City of Ashland (City). The purpose of this collaboration is to analyze and adopt a housing strategy implementation plan to facilitate the provision of housing within the community. I I. BACKGROUND Every region of Oregon is experiencing housing availability or affordability problems, or both. In some cases, the comprehensive plan for the urban area is out of date so housing needs have not been determined. In other cases, the need may be known but the zoning code presents i barriers to development of needed housing or does not allow a variety of housing types to meet the diverse needs of residents. This project will provide assistance for the completion of products used to update comprehensive plans and zoning codes, or adopt other housing strategies, to help ensure that the City can satisfy its housing needs. This project will provide assistance to increase the supply and affordability of housing within the boundaries of the City. DLCD will provide direct assistance (via a Consultant) to the City to complete the tasks indicated below in Section V. DLCD has received a special appropriation of funds for 2018-2019 to assist cities in updating their comprehensive plans and land use regulations to promote housing availability and affordability. The Oregon Housing Planning Project is financed with State of Oregon General Funds. State funds are paid under this Agreement by DLCD to ECONorthwest (Consultant) who will assist the City as described in the Scope of Work. No funds will be given to the City for tasks outlined in this MOU or any expenses incurred by the City as a result of this Project. II. PROJECT OBJECTIVE AND MAJOR DELIVERABLES The primary objective of this project is to prepare recommended housing implementation strategies for the City. Major deliverables may vary depending upon the specific housing implementation strategy being gY g analyzed and adopted or accepted. At a minimum, they will include completion of i • Summary of major tasks and action items and a project schedule I o Background Report detailing: ff o Legal basis for consideration of the housing implementation strategy o How the housing implementation strategy will work to increase housing availability and affordability in the city f o Any constraints or negatives associated with adoption of the housing implementation strategy o Alternatives Analysis if the specific housing implementation strategy has options related to cost charges, regulatory standards, or other variables. o Actions necessary for the local government and other stakeholders to take in order to implement the housing implementation strategy • Initial study session ready recommendations. • Final recommendations. City formal adoption of the implementation strategies is not anticipated to occur during the project. III. ROLES AND RESPONSIBILITIES City: City will appoint a Project Manager to be the City's principal contact person for DLCD's Contract Administrator and the Consultant on all matters dealing with the Project. Specific project management and coordination of duties between the Consultant and City will include: a. Coordinating project schedule and deliverables with Consultant; b. Coordinating City staff and Consultant work c. Ensuring timely delivery of supporting City data/information to Consultant, if needed; d. Reviewing and editing Consultant work; e. Appointing one or more project advisory committee(s); f. Noticing, scheduling, and managing advisory committee meetings and public official work sessions, and public hearings, if any. Activities include preparing and distributing meeting notices, agendas, and summaries; and assisting the Consultant with meeting facilitation. DLCD: DLCD will provide financial, administrative, and technical assistance to the Project. DLCD will participate on advisory committees. Additional technical assistance may be provided as requested by the City or Consultant. DLCD will review and approve Consultant's work, invoices, and progress reports. DLCD will review the Consultant's performance and deliverables with the City prior to paying invoices received by the Consultant. DLCD will assist in the mediation of Consultant/City conflicts, or issues with the project or deliverables. IV. KEY CONTACTS City of Ashland Bill Molnar molnar a,ashland.or.us Community Development 541-552-2042 i. 20 East Main Street Ashland, OR 97520 Department of Land Conservation and Development Project Manager Kevin Young kevin.youngnstate.or.us MOU - DLCD & City of Ashland -2- OR Housing Planning Project: Housing Implementation Strategies 635 Capitol St. NE 503-934-0030 Salem, OR 97301 Regional Representative C Josh LeBombard josh.lebombard@state.or.Lis 100 E Main Street, Suite A 541-414-7932 Medford, OR 97501 Consultant Beth Goodman goodman a,econw.com ECONorthwest 541-505-7203 222 SW Columbia Street, Suite 1600 Portland, OR 97201 V. SCOPE OF WORK The Oregon Housing Planning Project (Project) for the City of Ashland is composed of the following tasks. • Code audit and recommendations to encourage development of Multi-family housing: Evaluate potential increases in allowed density within multifamily zoning districts to support the construction of multifamily housing. Develop recommendations for code amendments that are most likely to be effective in both removing obstacles and identifying incentives that promote the construction of multifamily rental housing in R-2, R-3 and other multi-family zones. The evaluation will include, at a minimum, consideration of the following potential amendments in R-2, R-3 and other multi-family zoning districts: i o Increases to maximum density caps; o Increases to height allowances; o Increases lot coverage allowances; j' o Decreases to parking requirements for multifamily housing types. • Evaluate financial returns of for-sale versus rental housing to inform strategies to encourage production of rental housing and evaluate the impact of code amendments that potentially limit the percentage of for-purchase, ownership units constructed on multi- family zoned land as well as options for inducements that increase the construction of rental housing. • Evaluate the potential impact of the multiple-unit limited tax exemption program on development feasibility for higher density rental housing types. r • Review the impact of annexation policies and approval standards on multi-family residential land supply within the City Limits. Evaluate code amendments that give priority to housing projects that address current housing needs. MOU - DLCD & City of Ashland -3- OR Housing Planning Project: Housing Implementation Strategies i The City and Consultant must create interim project deadlines as needed to manage the project (see Task 1). All Consultant work must be completed no later than June 30, 2019. Requests by the City or Consultant to change the Scope of Work outlined in this MOU, intended to modify the tasks or deliverables of the Consultant, must be reviewed and approved by DLCD. * *For informational purposes only, the primary Consultant deliverables are shown for each Task Task 1: Project Kick-Off The purpose of the project kick-off is for Consultant to become familiar with local conditions and with City's planning documents, for the parties to confirm the objectives of the project and refine the project schedule, and for the City to prepare for the Project. Consultant will contact City via a conference call to ask preliminary questions, establish project expectations, and familiarize itself with city-specific concerns. Consultant will verify the action items identified through this initial conference call with the City and will develop and share a proposed schedule for the actions required for the completion of all tasks. The level of detail required for the proposed project schedule should be determined with mutual agreement by the City and the Consultant. Task I Consultant Deliverables: • Summary of major tasks and action items for the Project • Proposed Project schedule j Task 1 City Deliverables: • Copy of relevant comprehensive plan and code sections, or other relevant City.data or documents 9 Deadline: Kick-Off to be held within 30 days of completion of consultant contract and MOU. Task 2: Background Report Consultant will prepare a background report containing the following subjects: • Legal basis for consideration of the housing implementation strategy • Estimated potential increase of housing capacity in the city arising from the proposed housing implementation strategy 9 • Any constraints, negatives, or additional considerations associated with the housing implementation strategy • Alternatives Analysis if the specific housing implementation strategy has options related to cost charges, regulatory standards, or other variables. • Actions necessary for the local government and other stakeholders to take in order to. implement the housing implementation strategy MOU - DLCD & City of Ashland -4- OR Housing Planning Project: Housing Implementation Strategies I City will schedule a work session via conference call and/or web meeting with key City staff to discuss the draft housing strategy background report. City will provide input on the draft deliverables. Task 2 Consultant Deliverables: • Background Report Task 2 City Deliverables: g Deadline: Background Report completed on or before January 30, 2019. Task 3: Draft Housing Strategy Implementation Plan Following input from staff, Consultant will prepare a draft Housing Strategy Implementation Plan for presentation at a joint meeting of the Housing and Human Services Commission and d Planning Commission. An additional presentation will be made before the City Council. a City will schedule two study sessions before an Advisory Commission and the City Council to present the draft Ordinance and/or Housing Strategy Implementation Plan. Consultant will coordinate with City on meeting arrangements and presentation of the materials at a study session. i Task 3 Consultant Deliverable: • Study Session ready draft Housing Implementation Plan document. • Presentation materials to explain draft Housing Implementation Plan to an advisory Commission and City Council. • Study Session summary Task 3 City Deliverables: 3.1 Advisory committee meeting notices and agendas 3.2 Public meeting notice(s) Deadline: Study Session draft Housing Implementation Plan completed and ready for review on or before March 30, 2019. Task 4: Hearines-ready Housing Strategy Implementation Plan Consultant will prepare a final Housing Implementation Plan document. Task 4 Consultant Deliverable: e Final Housing Implementation Plan document Task 4 City Deliverables: Deadline: Final Housing Implementation Plan document completed and ready for review by decision-makers on or before June 30, 2019. MOU -DLCD & City of Ashland -5- OR Housing Planning Project: Housing Implementation Strategies VI. OTHER CONSIDERATIONS This agreement will be effective as of the date of the last signature. The termination of this document may occur by mutual consent of the parties with 60 days written notice. Except as provided herein, nothing in this Memorandum of Understanding shall be construed as obligating the other party to expend funds or obligate future payment of money authorized by law and administratively available for this work. City of Ashland Signature of Official Date Printed Name Department of Land Conservation & Development I Jim Rue, Director Date I e ' gpPA MOU - DI-CD & City of Ashland -6- OR Housing Planning Project: Housing Implementation Strategies k Council Business Meeting October 2, 2018 Agenda Item Liquor License Renewals for Vinyl Club and Stop and Shop From Tighe O'Meara Police Chief Contact tighe.omeara(a)-ashland.or.us 541-552-2142 SUMMARY Staff is bringing forward two liquor licenses for endorsement, either positive or negative, for Council's review and decision. POLICIES, PLANS & GOALS SUPPORTED N/A PREVIOUS COUNCIL ACTION On September 4, 2018 Council voted to withhold an endorsement of the Vinyl Club's liquor license pending further deliberation and possible negative endorsement to the OLCC. Also at the September 4 meeting, staff requested that Council hold off on an endorsement of the Stop and Shop's liquor license for a possible negative endorsement. BACKGROUND AND ADDITIONAL INFORMATION Each year all liquor licenses in the City of Ashland are reviewed for renewal. The police department's role in this process is to assess whether or not each establishment's liquor sales have had an unreasonably negative impact on the community. The Vinyl Club has consistently come up as a focal point of negative behavior both in the club and on Will Dodge Way. The attached memo details some of the police calls for service in and around the Vinyl Club. On September 4, Council indicated that it would consider a request to deny the renewal of the liquor license based on the issues at the Vinyl Club over the years, but also specifically because of a felony assault that occurred on November, 2017 and club management's perceived involvement in this assault. This is because the assault suspect was a bouncer, hired by club management. It was also noted that one of the reasons the owner of the Vinyl Club, Mike Leslie, received sanctions from the OLCC is because he allowed non-DPSST (Department of Public Safety Standards and Training) certified bouncers, including the bouncer in question, to work at the club. The Stop and Shop, located at 110 Lithia Way, has also developed as a point of concern since it opened several years ago. Specifically, it has been seen as a focal point of negative behavior in front of the store, as well as across the street both on the corner and in the parking lot. Some months ago, the Police Department started to track all open intoxicant tickets issued in the city, noting where each ticket was issued and when possible, what type of beverage was involved (i.e. beer, high alcohol content beer, wine, liquor etc.). The initial mapping of these indicated a clear pattern of these incidents being in close proximity to the Stop and Shop. It had been staffs intention to ask the Council to request a restriction on the sale of single serve alcohol at the store. However, after that initial recommendation was made, I learned that police management had not yet attempted to work with store ownership and gain voluntary compliance on mitigating some of the issues surrounding the store. On September 5, I made contact with the store's owner, Jason Penner, and he immediately met with police staff to discuss the issues. Mr. Penner has agreed to consider modifying his inventory, removing sign clutter from the front of the store and installing additional security cameras. In addition, Mr. Penner is interested in learning who the chronic open- intoxicant offenders are so he can refuse to sell to them. Given Mr. Penner's apparent eagerness to partner with the Page I of 2 C I T Y O F ASHLAND police department, and the fact that we failed to attempt this route in past, I recommend that Council endorse the renewal of this license without restrictions and that the police department continue to monitor the situation. Additionally, the OLCC is going to continue to monitor the situation. FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff recommends that Stop and Shop's liquor license be endorsed for renewal without restrictions. Staff requests direction from Council on the renewal of the license for the Vinyl Club. ACTIONS, OPTIONS & POTENTIAL MOTIONS N/A REFERENCES & ATTACHMENTS Attachment 1: Memo to City Council Attachment 2: Map of Liquor Law Violations i Page 2 of 2 CITY OF ASHLAND CITY OF ASHLAND Police Department Memo TO: City Council FROM: Tighe O'Meara, Police Chief SUBJECT: Liquor License Renewals DATE: October 2, 2018 Pursuant to your request for information concerning liquor license renewals I have prepared the following information reference the Vinyl Club. The Vinyl Club (VC) continues to be a point of concern for neighbors on Will Dodge Way. On November 25, 2017 there was a significant assault at the Vinyl Club which resulted in the arrest of a bouncer, and subsequent conviction on a felony charge. There were three other assaults reported in or immediately outside of the Vinyl Club, one of them resulting in the arrest (via citation) of two SOU student athletes who assaulted two bouncers at the Vinyl Club. While the owner Mike Leslie continues to maintain a good partnership with the APD, it needs to be noted that there are several issues surrounding the operation of the VC with regards to the OLCC. The VC faced a significant fine over the last 12 months after having been found responsible for violations and being assessed a $4,620 fine, paid in lieu of having the liquor license suspended. In the past year there have been 14 complaints of unreasonable noise coming from the Vinyl Club. In the previous year there were six and in the year before that 15. There were 17 cases pulled from the Vinyl Club in the last year, the same amount as the year before, and compared to 12 the previous year. R Ashland Police Department Office of the Chief of Police Tel: 541482-5211 1155 East Main Street Fax: 541-552-2154 Ashland, Oregon 97520 TTY: 800-735-2900 w .ashland.or.uslpolice Q ``nt ~'ns, NapeniSe~d Number of Liquor Law Violations by Location January 1St - August 9"' U 0 n" NtIXE etY $f 4 ~Jy ,yF lU Wlnl w 5 _ Y F: M~ St l IR'' 41 N NI - t St -l Loh, W ,N/1 li a Wer I .4 iv p 100 I3f_h. W,11 tJ lbc W-7 20 17 M S,3 41 / N °St _ I t W ,,,N I I ,.y iiurir ~y 100 Wi h Wav 1 201 S A11-2 45 W I - W ,,,,-g 1 tl W,'/N I ' gel St -I . S~v to Xa+,efrYf t fj f IriILM tit-I 220 Wzt -M-1 rrd ,r tNIM?c 450 M-,Sn 4A-! N f . SI 1 S~ doe RC t"e~ - I I I 0 W .,-I [ W,tSt 3 461 . M- S I N ,WF SVf M. 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Brown, PE Public Works Director Scott Fleury, PE Deputy Public Works Director Contact Pau Ia.brown (a)-ashland. or.us 541-552-2411 scott.fleury(a)-ashland.or.us 541-552-2412 SUMMARY Before the Council is an award of a professional services contract with HDR for $1,003,576, to complete phase 1, preliminary engineering for a new 7.5 million gallon per day (mgd) water treatment plant (WTP). As previously accepted by the City Council at the April 2, 2018, Study Session, staff has moved forward with the solicitation of engineering services with a phased approach that includes preliminary engineering, final engineering, bidding services and construction administration of a new 7.5 mgd WTP. Only phase 1, preliminary engineering, is before the Council for approval at tonight's meeting. Phase 1 includes the completion of two separate elements; IA developing three treatment train alternatives and a recommendation for the best alternative for the City's site and treatment requirements, and 1 B preliminary design of the identified treatment process to a 30% design stage, with geotechnical analysis and cost estimates. Follow on phases will be brought to the Council for separate actions. POLICIES, PLANS & GOALS SUPPORTED City Council Goals 1.1 Engage community in a conversation about core services, desired service levels and funding mechanisms. 4. Evaluate real property and facility assets to strategically support city mission and goals. 21. Be proactive in using best practices in infrastructure management and modernization. 22. Prepare for the impact of climate change on the community. Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs • Deliver timely life cycle capital improvement projects • Maintain and improve infrastructure that enhances the economic vitality of the community • Evaluate all city infrastructure regarding planning management and financial resources PREVIOUS COUNCIL ACTION At the November 2, 2017, Study Session, Public Works staff recommended a revised plan for moving forward with development of the City's future water treatment plant works. Council supported staff's request to suspend the current decision to construct a supplemental 2.5 mgd WTP and a 2.6 mg reservoir with the intent to run both the new supplemental plant while also maintaining the existing plant. This new plan allowed staff to perform a cost comparison analysis for either maintaining and improving the existing plant for a 20-50 year window or building a new 7.5 mgd plant expandable to 10 mgd. The comparison was also Page 1 of 4 CITY OF ASHLAND meant to analyze and mitigate risks, such as earthquake, flooding, landslides, and fire associated with maintaining and improvement the existing WTP in the current canyon location. At the April 2, 2018, Study Session, Public Works staff presented the outcome of the comparative analysis done by RH2 and Black and Veatch. The study determined the existing plant could not fully overcome the risks associated with seismic stability, flooding, and ensure capacity for potential future regulatory requirements without rebuilding the WTP. By rebuilding in the existing location, the overall risks remain - and the City would still be operating in a less than desirable location, which is also prone to wildfire and localized landslides. At the April 2 Study Session, Council accepted staff's recommendation to move forward with building a new 7.5 mgd plant with potential for future capacity and stay within the same BN 2017-19 budget appropriation. Staff subsequently prepared a qualifications based solicitation for a phased approach to the development of a new 7.5 mgd WTP with phase 1 focusing on the treatment train and cost estimate for construction of a preferred alternative. BACKGROUND AND ADDITIONAL INFORMATION Staff advertised a request for qualifications based proposals on May 17, 2018, with a closing date of June 21, 2018. Phase 1 specified the following: Treatment Alternative Selection and Preliminary Engineering, including development of treatment train alternatives, clear well/reservoir sizing for treatment alternatives, offsite and internal piping requirements and development of project costs estimates (AACE level 3-4). Consultant shall attend Council meetings as necessary, to provide project updates. Consultant shall also recommend process/plans for abandonment of existing plant structures. Consultant will recommend a preferred treatment option based upon the goals stated in the objectives. The solicitation document defined the goals for the project to include development of a reliable, simple, robust, energy efficient and expandable raw water treatment train and plant that will fully meet current and potential future regulatory requirements. This project will provide water for the Citizens of Ashland for the next 30-50+ years. On July 10, 2018, the City of Ashland completed the formal review process for selection of a consultant for the preliminary/final designs and construction administration of a 7.5 mgd Water Treatment Plant. Proposals were submitted by HDR, Kennedy/Jenks, Murraysmith, and RH2. The proposals were graded by Michael Morrison, Public Works Superintendent, Greg Hunter, Water Treatment Plant Supervisor, Steve Walker, Distribution System Supervisor, Kevin Caldwell, Senior Project Manager and Scott Fleury, Deputy Public Works Director. The results of the scoring are as follows: CONSULTANT TOTAL SCORE RANK HDR 456 1 Kennedy/Jenks 449 2 RH2 438 3 Murraysmith 413 4 After scoring was completed, all consultants were informed of the City's intent to begin scope and fee negotiations with HDR. Through several formal discussions a final scope and fee was agreed upon in concept by the City and HDR. This scope and fee is part of attachment 41, Professional Services Contract. Staff expects to complete the preliminary engineering phase 1 portion five months after notice to proceed. The notice to proceed will be generated upon Council approval. Page 2 of 4 CITY OF -ASHLAND 2012 Water Master Plan: The 2012 Water Master Plan (Carollo) developed the recommendation for a supplemental 2.5 mgd WTP and 2.6 million gallon (mg) Crowson II storage reservoir as part of the final capital improvement plan. The 2.5 mgd plant was initially identified and sized to assist the City in meeting peak projected water usage in the summer seasons. It was meant to operate year round with the existing plant operating "as required" to meet system capacity requirements past 2.5 mgd. It was expected the 2.5 mgd plant would be expanded to a full 10 mgd sometime in the future, and the existing WTP phased out of operation. Based upon the prior water master plan, the Crowson 11 reservoir was initially assumed to be sized for 2.6 mg of potable water storage. Further analysis by RI-12 has shown that the "Crowson 11" storage reservoir may be unnecessary as the new Park Estates Pump Station is designed to maximize utilization of water in the existing Crowson Reservoir at full capacity. The need for future reservoir capacity and operational improvements will be assessed with the current Water Master Plan evaluation. Through a formal selection process the City awarded Keller Associates stage 1, preliminary engineering of the new 2.5 mgd treatment plant and 2.6 mg of potable water storage reservoir (March 21, 2017, Business Meeting). Keller has completed their preliminary engineering work. Keller's work included siting alternatives including the recommended site at the lower Granite Pit and a pilot testing of membranes. Subsequently, and as identified in the original request for qualifications, RH2 Engineering was hired to perform peer review on the preliminary engineering work of Keller Associates. RH2 Engineering also competed and was selected through a separate request for proposals process to complete the City's comprehensive Water Master Plan Update. RH2 Engineering finished peer review of the first phase of Keller Associates' work and is in the process of completing the Water Master Plan. The Water Master Plan is currently on hold pending the outcomes of the proposed preliminary engineering phase for the WTP as future decisions made are critical with respect to any capital improvement recommendations and the future proposed rate structure to support the water fund. AWAC: The Ashland Water Advisory Committee (AWAC) continues to be appraised of the status of the water program. On September 26, 2017, AWAC unanimously supported staffs request to suspend the current decision to construct a supplemental 2.5 mgd WTP and a 2.6 mg reservoir with the intent to run both the new supplemental plant while also maintaining the existing plant. The City has a reliable alternative water source with the connection of the Talent Ashland Phoenix (TAP) water line and should not be running two separate water plants. AWAC supported staff s recommendation to develop a comprehensive cost comparison for either a single new 7.5 mgd WTP or improvements to the existing WTP for a 20-year life to include upgrades to the treatment process, and necessary facility improvements to sustain potential earthquake and flooding damage. At the March 27, 2018, meeting, AWAC was advised of staff's recommendation to solicit for engineering services to build a new 7.5 mgd plant. The Committee voiced overall support for moving in this direction and provided a motion on the subject: The Committee was in agreement with Brown on recommending to Council to build a new Water Treatment Plant at the lower granite pit. FISCAL IMPACTS The current adopted biennium budget (BN 2017-19) appropriates a total of $22,674,000 dollars for the engineering and construction of two projects: a new 2.5 mgd supplemental water treatment plant (Project # 2015-31) and proposed 2.6 million gallon (mg) Crowson If water storage reservoir. To date expenditures for the water treatment plant and reservoir siting study total $525,140. The preliminary engineering associated Page 3 of 4 CITY OF ASHLAND with these expenditures remain effective and will inform staff through the remainder of the 7.5 mgd plant design and construction as well as completion of the water master plan work. The City obtained low interest financing from the Infrastructure Finance Authority (IFA) for Engineering and construction of the water treatment plant. The loan was in the amount of $14,811,865 with a 1.79% interest rate and $1,030,000 in principal forgiveness. The Council authorized the IFA loan at the June 7, 2016, Business Meeting. Staff has not yet secured financing for the storage reservoir and will revise project costs and evaluate the need with phase 1, preliminary engineering of the new WTP. The Council approved a financing resolution at the December 6, 2016, Business Meeting that allows for the reimbursement of funds towards the reservoir project to be "reimbursed" once financing is obtained. This financing resolution allowed the original project to proceed through preliminary engineering. STAFF RECOMMENDATION Staff recommends that the Council approves the professional services contract with HDR for $1,003,576, to complete phase 1 preliminary engineering for a new 7.5 mgd WTP. At the conclusion of the preliminary engineering phase, staff will bring the preferred treatment alternative and associated construction cost estimate back before the Council for review, prior to negotiating any additional phases. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the professional services contract with HDR for $1,003,576, to complete phase 1 preliminary engineering for a new 7.5 mgd WTP. 1 move to direct staff to change the parameters of the contract with HDR for phase I preliminary engineering for a new 7.5 mgd WTP. I move to direct staff to perform a new solicitation for phase 1 preliminary engineering for a new 7.5 mgd WTP. REFERENCES Council Study Session, April 2, 2018; Water Treatment Plant Status Update staff report and minutes (recommendation for one 7.5 mgd WTP) Council Study Session, November 6, 2017; Water Treatment Plant Siting and Status Update staff report (assess the need for 2 simultaneous plants) Council Business Meeting, June 7, 2016; staff report (Council authorized the IFA loan) Council Business Meeting, December 6, 2016; staff report (Council authorized reimbursements) ATTACHMENTS Professional Services Contract with HDR Page 4 of 4 CITY OF ASHLAND PERSONAL SERVICES AGREEMENT (greater than $25,000.00) CONSULTANT: HDR CITY OF CONSULTANT'S CONTACT: Jeremy Holland ASHLAND 20 East Main Street ADDRESS: 1050 SW Sixth Avenue, Suite 1800 Ashland, Oregon 97520 Portland, OR 97204 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 503-896-2883 EMAIL: jeremy.hollandCcilhdrinc.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and HDR Inc., a foreign business corporation ("hereinafter "Consultant"), for design of a 7.5 Million Gallon a Day (MGD) water treatment plant - phase 1. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: i 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30, 2019. 2. Scope of Work: Consultant will provide design of a 7.5 Million Gallon a Day (MGD) water treatment plant - phase 1 as more fully set forth in the Consultant's Proposal dated 09/07/2018, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne By Consultant: Consultant shall, at its own risk and expense, perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Page I of 6: Personal Services Agreement with HDR 6. Compensation: City shall pay Consultant the sum of $1,003,576.00 as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $1,003,576.00 without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within 30 days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 2798.220, 279B.230 and 27913.235. 9. Living Wage Requirements: If the amount of this Agreement is $21,688.86 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the losses, claims, costs, expenses, or other damages are caused by the negligent acts, or errors or omissions of Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement) in the performance of this Agreement. However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly or solely caused by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified mail or in person. C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with HDR iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified Page 3 of 6: Personal Services Agreement with HDR in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per claim. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per claim for Bodily Injury, Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' prior written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance employed by Consultant. Consultant agrees to of any Work under this Agreement when comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. - 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and .Page 4 of 6: Personal Services Agreement with HDR (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with HDR 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CITY OF ASHLAND: HDR (CONSULTANT): By: By: City Administrator Signature Printed Name Printed Name Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Page 6 of 6: Personal Services Agreement with HDR EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding, or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in accordance with the customary professional standards, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. Consultant Date Page 1 of 1 EXHIBIT C EXHIBIT B CITY • ASHLAND, OREGON City of Ashland LIVING ALL employers • • WAGE below comply of Ashland laws regulating payment of a living wage. per hour, effective June 30, 2018. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. _ of business of their employer, 401 K and IRS eligible if the employer has ten or cafeteria plans (including more employees, and has childcare) benefits to the received financial assistance amount of wages received by for the project or business the employee. For all hours worked under a from the City of Ashland in service contract between their excess of $21,127.46. Note: For temporary and employer and the City of part-time employees, the Ashland if the contract > If their employer is the City of Living Wage does not apply exceeds $21,127.46 or more. Ashland, including the Parks to the first 1040 hours worked For all hours worked in a and Recreation Department. in any calendar year. For more details, please see month if the employee spends In calculating the living wage, Ashland Municipal Code employee's or more of the employers may add the value Section 3.12.020. employee's time in that month of health care, retirement, working on a project or portion For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND City of Ashland, Oregon Design of a 7.5-MGD Water Treatment Plant Scope of Services - DRAFT September 7, 2018 1050 SW 6th Ave Suite 1800 Portland, OR 97204 FN Table of Contents Background ...................................................................................................................1 General Tasks and Activities .......................................................................................1 Abbreviations 2 Authorized Scope of Services ......................................................................................3 100. Project Management ........................................................................................3 Objective 3 HDR Services 3 City Responsibilities 3 Assumptions 3 Deliverables 4 200. Phase 1A Treatment Alternatives ...................................................................4 1.1 Gather Existing Planning and Site Data 4 Objective 4 HDR Services 4 City Responsibilities 5 Assumptions 5 Deliverables 5 1.2 Initial Geotechnical Study 5 Objective 5 HDR Services 5 Subconsultant Services 5 City Responsibilities 6 Assumptions 6 Deliverables 6 1.3 Site Survey 6 Objective 6 HDR Services 6 Subconsultant Services 7 City Responsibilities 7 Assumptions 7 Deliverables 7 1.4 Alternatives Development, Evaluation, and Recommendation 7 Objective 7 HDR Services 7 City Responsibilities 9 Assumptions 9 Deliverables 9 1.5 Initial Cost Estimating 9 City of Ashland, Oregon i Scope of Services Design of a 7.5-MGD Water Treatment Plant Objective 9 HDR Services 9 Subconsultant Services ...............................................................................................10 City Responsibilities ....................................................................................................10 Assumptions ...............................................................................................................10 Deliverables ................................................................................................................10 1.6 Water Quality Evaluation .................................................................................10 Objective .....................................................................................................................10 HDR Services .............................................................................................................10 Subcontract Services ..................................................................................................10 City Responsibilities ....................................................................................................10 Assumptions ...............................................................................................................11 Deliverables ................................................................................................................11 1.7 Energy Generation and Efficiency ..................................................................11 Objective .....................................................................................................................11 HDR Services .............................................................................................................11 City Responsibilities ....................................................................................................12 Assumptions ...............................................................................................................12 Deliverables ................................................................................................................12 1.8 Public Meetings ................................................................................................12 Objective .....................................................................................................................12 HDR Services .............................................................................................................12 City Responsibilities ....................................................................................................12 Assumptions ...............................................................................................................13 Deliverables ................................................................................................................13 300. Phase 1 B Preliminary Design ........................................................................13 1.9 Additional Geotechnical Analysis ...................................................................13 Objective .....................................................................................................................13 HDR Services .............................................................................................................13 Subconsultant Services ...............................................................................................13 City Responsibilities ....................................................................................................14 Assumptions ...............................................................................................................14 Deliverables ................................................................................................................14 1.10 Existing Infrastructure Planning .....................................................................14 Objective .....................................................................................................................14 HDR Services .............................................................................................................14 City Responsibilities ....................................................................................................15 Assumptions ...............................................................................................................15 Deliverables ................................................................................................................15 1.11 Potential Secondary Intake .............................................................................15 Objective .....................................................................................................................15 City of Ashland, Oregon ii Scope of Services Design of a 7.5-MGD Water Treatment Plant HDR Services .............................................................................................................15 Assumptions ...............................................................................................................15 City Responsibilities ....................................................................................................15 Deliverables ................................................................................................................16 1.12 Preliminary Design ..........................................................................................16 Objective .....................................................................................................................16 HDR Services .............................................................................................................16 City Responsibilities ....................................................................................................16 Assumptions ...............................................................................................................17 Deliverables ................................................................................................................17 1.13 Phase 1 B Cost Estimating and Value Engineering/Constructability Review 17 Objective .....................................................................................................................17 HDR Services .............................................................................................................17 Subconsultant Services ...............................................................................................17 City Responsibilities ....................................................................................................17 Assumptions ...............................................................................................................18 Deliverables ................................................................................................................18 1.14 Basis of Design Report ....................................................................................18 Objective .....................................................................................................................18 HDR Services .............................................................................................................18 City Responsibilities ....................................................................................................18 Assumptions ...............................................................................................................18 Deliverables ................................................................................................................18 Attachments Attachment A. Geotechnical Investigation Attachment B. Survey Extents City of Ashland, Oregon iii Scope of Services Design of a 7.5-MGD Water Treatment Plant I-~2 SCOPE OF SERVICES Background The City of Ashland, Oregon (City) owns and operates an existing water treatment plant (WTP). The plant is aging and several issues have made continuing operation and renovation an expensive effort. The City has requested HDR to assist them in completing the design of the new WTP. The City will execute the project in three phases: 1. Treatment Alternatives and Preliminary Design 2. Final Engineering, Permitting, and Bidding Support. 3. Construction Services This scope authorizes HDR to conduct the Phase 1 (Treatment Alternatives and Preliminary Design) tasks, which is divided into two sub-phases: 1A (Treatment Alternatives) and 1 B (Preliminary Design). The subsequent phases will be authorized by the City in subsequent contracts. Phase 1 tasks include: Phase 1A (Treatment Alternatives) • Development of three treatment train alternatives. • Conduct an initial geotechnical investigations at the proposed site. • Conduct a topographic survey of the proposed site and vicinity affected by the project. • Size the new WTP clearwell/reservoir for each alternative. • Identify offsite and internal piping requirements for each alternative. • Evaluate and develop a recommendation for the preferred combined treatment ! clearwell / piping alternative. • Prepare project cost estimates. • -Present project information at public meetings and participate in the question-and- answer session. Phase 1B (Preliminary Design) • Conduct an additional geotechnical investigation at the proposed site. • Evaluate the potential of a secondary intake. • Prepare 30-percent design documents. • Develop the plan and process for abandoning appropriate structures at the existing WTP. General Tasks and Activities Unless noted otherwise, the following assumptions are used for all tasks: • Review meetings will be in Ashland, Oregon at the City's offices City of Ashland, Oregon 1 Scope of Services Design of a 7.5-MGD Water Treatment Plant • City will be responsible for arranging meeting locations and attendance of required City staff. • HDR will prepare meeting agenda, handouts, notes, and presentation materials. • Deliverables will consist of one draft document and one final document. Multiple revisions will not be provided. • Deliverables will be submitted as Adobe PDF files via email and two bound hard copies of each technical memorandum and report via mail or in person. Native files (MS Office, Project, AutoCAD) will be provided upon request. • City review comments to draft deliverables will be provided to HDR in one collated file that addresses any conflicting comments. • City review will take no longer than three weeks per document. • Final deliverables include comment response logs that show how HDR addressed the City's review comments. These logs are provided separate of the deliverables (i.e. not attached as appendices to the documents). • Design will be done with the standards and care of the profession and following Oregon construction codes (Building, Electrical, Fire, Mechanical, Energy, etc.) that are in force in September 2018. Deliverables will follow HDR standards for memoranda, drawings, and cost estimating. The Construction Standards Institute (CSI) Master Format standard will be used for technical specifications. • Contract specifications (i.e. front end Division 00 and 01 documents) will be provided by the City. • City is responsible for communication with all other governmental agencies and community groups not otherwise noted below. • The City is responsible to provide access to all properties that need to be accessed during the duration of this project. • City to pay for all permitting and agency review fees. Abbreviations Below are the abbreviations used in this scope. CSI Construction Standards Institute FERC Federal Energy Regulatory Commission OHA Oregon Health Authority TAP Talent-Ashland Pipeline TID Talent Irrigation District WTP Water treatment plant City of Ashland, Oregon 2 Scope of Services Design of a 7.5-MGD Water Treatment Plant FY2 Authorized Scope of Services PROJECT MANAGEMENT Objective The purpose of this task is to monitor, control and adjust scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing. HDR Services 1. Prepare a Project Management Plan (Project Guide) outlining the project scope, team organization, schedule, and communications information. 2. Coordinate and manage the project team. 3. Conduct the project kick-off / alternatives review workshop to: a. Review project logistics and management activities. b. Discuss the pros and cons of the three treatment alternatives in the HDR proposal, discuss the need for any additional testing, and select two alternatives (which can be the ones identified by HDR hybrid alternatives developed during the workshop) for further evaluation. 4. Prepare monthly status reports describing the following: a. Services completed during the month b. Services planned for the next month c. Needs for additional information d. Scope/schedule/budget issues e. Schedule update and financial status summary 5. Prepare monthly invoices formatted in HDR's invoicing format. 6. Project Manager will have monthly project management phone calls with the City Project Manager to review project scope, schedule, and budget issues. 7. Plan and organize a ProjectWise internet-based secure project filing system for document storage. City Responsibilities 1. Participate in project management phone calls. 2. Participate in kick-off / alternatives review workshop. 3. Timely processing and payment of invoices. 4. Review and process contract change requests and amendments, if needed. Assumptions 1. The project duration will be no longer than five months. City of Ashland, Oregon 3 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN 2. One project management phone call will be held per month for the duration of one hour of project manager's time. One additional hour will be required for preparation and follow-up (including notes) for each meeting. 3. Project kick-off meeting will be four hours in duration and will include the initial alternatives /activities for Task 1.4. Meeting will be attended by Pierre Kwan and Verena Winter, with Rich Stratton and a project engineer on the phone. 4. Invoice format will be per a City-approved template that is the same or close to HDR's standard invoice format. 5. Expense backup will be provided with each invoice per City loan requirements. Deliverables 1. Scope of services, schedule (Gantt chart or project milestones), and budget. 2. Subconsultant subcontracts. 3. Monthly reports and invoices (one copy with invoice will be e-mailed as a PDF file) 4. Monthly project schedule and budget updates. 5. Project management meeting agenda and notes. PHASE 1 A TREATMENT ALTERNATIVES The purpose of Phase 1A is to identify and develop three treatment train alternatives and work with the City to recommend and select the treatment train alternative. This sub-phase has multiple subtasks. These subtasks are listed below. 1.1 Gather Existing Planning and Site Data Objective Obtain information on the existing utility systems that will be used to help develop and select the treatment alternatives. HDR Services 1. Coordinate with RH2 Engineers to gather the City's water system plan (WSP) demands to establish water system demands by pressure zone and reservoir. 2. Coordinate with RH2 Engineers to use the City's existing finished water distribution system hydraulic model for determining the extent of gravity and pumped flow (per the WSP) from the different Granite Site elevations to the City's various pressure zones and reservoirs. 3. Review general location and capacity of pipelines and sanitary sewers near the Granite Site. 4. Review general location and capacity of power utilities near the Granite Site. 5. HDR will review the records available and provide a list of the documents missing and needed to complete the project. City of Ashland, Oregon 4 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN City Responsibilities 1. Provide contact information and authorizations to release information from RH2 for data gathering. 2. Provide sizes, capacities, and record drawings for water pipelines and sanitary sewers. Drawings in AutoCAD format if available. 3. Provide sizes, capacities, and record drawings for electrical infrastructure. Drawings in AutoCAD format if available. 4. Assist HDR in communicating with property owners if needed. Assumptions 1. The WSP demand projections are provided as an Excel file. 2. Finished water distribution system hydraulic model was updated and calibrated as part of the WSP. HDR will use the model as-is and will not verify the model accuracy as part of this project. ' 3. Plans and locations of existing utilities are available and will be provided by the City. Deliverables ` 1. None. Information will be part of Task 1.4 deliverables. 1.2 Initial Geotechnical Study Objective Conduct an initial geotechnical and geologic study of the lower portion of the Granite Site for the purposes of supporting construction of structures and pipelines at the location and adjacent areas. HDR Services 1. Subcontract with geotech firm, Shannon and Wilson. 2. Coordinate geotecn's onsite activities and schedule. 3. Review field exploration and testing plans.. 4. Confirm that geotech has health and safety plan in place. 5. Have a meeting with geotech firm to review results. 6. Review the recommendations as part of the Task 1.4 alternatives review workshop. Subconsultant Services 1. Perform a site and geologic reconnaissance with Shannon & Wilson and our drilling subcontractors, to visit the site, mark boring locations, and call in utility locates. 2. Prepare and submit draft field exploration, testing, and health and safety plans. 3. Prepare and submit final field exploration, testing, and health and safety plans. 4. Conduct geotechnical exploration. 5. Perform laboratory analysis of boring samples. City of Ashland, Oregon 5 Scope of Services Design of a 7.5-MGD Water Treatment Plant IN 6. Attend and prepare for a coordination meeting with HDR to review the findings. 7. Participate via phone to the Task 1.4 alternatives review workshop with City to review recommendations. City Responsibilities 1. Coordinate with HDR for geotech access. 2. City is providing an excavator and operator for test pit locations. 3. Review draft field exploration, testing, and health and safety plans. 4. Review draft geotech report and provide comments. 5. Attend review meeting. Assumptions 1. The number, type, and location of explorations are as follows: a. Two explorations at the proposed bridge crossing of Ashland Creek to 50 feet, or 10 feet into coreable rock using mud-rotary drilling or HQ wireline coring techniques. b. Up to four geotechnical borings and one day of test pits at the lower plant site. Borings to an estimated depth of 50 feet or 15 feet below the base of the undocumented fill using mud-rotary or HQ-wireline drilling techniques. Install two vibrating wire piezometers to measure depth to groundwater. Observe one day of test pit explorations advanced using a backhoe and operator provided by the City of Ashland. c. Subconsultant will monitor and collect installed piezometer data until construction begins. 2. Laboratory testing of samples is assumed to consist of Atterberg limits and grain size analysis for soils, and unconfined compressive strength of rock and corrosion testing. 3. No permits are required for the geotechnical investigation. 4. The site has no contaminated soils or materials. Deliverables 1. Draft and final field exploration, testing, and health and safety plans. 2. Draft and final geotechnical report. 1.3 Site Survey Objective Conduct a topographic and boundary survey of the Granite Site and adjacent areas that could be potentially affected by the project construction. HDR Services 1. Subcontract with surveyor, TerraSurvey Inc. 2. Coordinate surveyor's onsite activities and schedule. City of Ashland, Oregon 6 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN 3. Review draft surveyor's files and provide comments. Subconsultant Services 1. Conduct a topographic survey of the site and areas affected by the project. 2. Conduct and locate aboveground and underground utilities and structures in the area. 3. Conduct a survey of the Granite Site and adjacent areas to establish property boundaries, water bodies and streams, trees 6-inches and larger in diameter at chest height, and other permanent surface features. 4. Locate geotechnical borings and test pits for geotechnical report. 5. Prepare and submit draft surveyor's files in AutoCAD 2018 and pdf format. 6. Prepare and submit final surveyor's files in AutoCAD 2018 and pdf format. City Responsibilities 1. Coordinate with HDR for surveyor access. 2. Review draft surveyor's files. Assumptions 1. Topographic survey will have a resolution of 1-foot contours and will be provided in a coordinate system and datum determined by the City. r 2. No legal descriptions for properties or easements are prepared. No missing property corner monuments will be replaced. 3. City will provide access to all areas in need of survey. Deliverables 1. Draft and final surveyor's data files. 1.4 Alternatives Development, Evaluation, and Recommendation Objective Use the prior project data to develop three treatment alternatives, work with the City to evaluate the pros and cons of the alternatives, and provide a single treatment recommendation for City final review and selection. HDR Services 1. Evaluate and summarize three treatment alternatives based upon the following criteria: a. Reliability b. Simplicity c. Robustness d. Energy efficiency and potential generation e. Expandability for capacity and treatment performance f. Ability to meet current and future regulatory requirements. City of Ashland, Oregon 7 Scope of Services Design of a 7.5-MGD Water Treatment Plant FEZ g. Lifecycle costs for the next 30 to 50 years. Lifecycle costs defined as: I. Initial capital (from Task 1.5). ii. Ongoing renewal and replacement materials. iii. Annual power and energy iv. Annual chemicals v. Annual labor vi. Values to be defined as annualized dollars per year as well as cost per units, such as $/MG treated and kWh/MG treated 2. Coordinate with OHA to identify the need for any additional pilot testing. 3. Evaluate the pumping requirements for the two remaining treatment alternatives. Requirements include: a. Discharging from the WTP to the Granite zone. b. Discharging from the WTP to the Crowson zone. c. Pumping of Talent-Ashland Pipeline (TAP) water to the Crowson zone via the WTP with or without the Granite Street Reservoir. 4. For each remaining alternative: a. Identify capacities, performance, and areas for the major unit processes. b. Identify future requirements for expansion and/or replacement. c. Identify general impacts to the City wastewater system in terms of relative volumes and qualities compared to existing WTP. d. Evaluate pipeline and vehicle crossings of Ashland Creek from Granite Street to the new WTP site. e. Evaluate the minimum and optimum clearwell/reservoir volumes and configurations for the two remaining treatment alternatives. The volumes and configuration shall include two scenarios: i. Granite Street Reservoir remains as-is. ii. The Granite Street Reservoir is removed and its volume is incorporated into the WTP clearwell volume. 5. Prepare site arrangement layouts for the two treatment alternatives, clearwell / reservoir volumes, and future expansion based on the outcome of the geotechnical explorations. a. Site arrangements will include general analysis of vehicle circulation and parking for employees, routine deliveries, and future major renewal and rehabilitation efforts. 6. Conduct an alternatives review workshop to review the refined treatment alternatives and layouts against the criteria listed in Item 1 herein and present recommendation for City to consider. a. Workshop will also review the findings of the Task 1.2 initial geotechnical study. 7. Summarize treatment alternatives development, evaluation, recommendation, and City selection in a draft Technology Alternatives Report. City of Ashland, Oregon 8 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN 8. Prepare and submit final Technology Alternatives Report. City Responsibilities 1. Participate in alternatives review workshop. 2. Review and provide comments to the draft Treatment Alternatives Report. Assumptions 1. The three initial treatment alternatives are: a. Ozonation, chemical addition, media filtration, chlorination b. Chemical addition, clarification, media filtration, UV disinfection, chlorination c. Chemical addition, membrane filtration, carbon adsorption, UV disinfection 2. Each alternative will have up to six sub-alternatives. Sub-alternatives will have variations of the major treatment process. Examples include: a. Chemical addition - type of coagulants and oxidants prior to filtration and dosing locations (WTP or in pipelines leading to WTP). b. Ozone - in-line pipeline contactor versus serpentine contact basin; liquid oxygen feed versus ambient air feed. c. Membranes - pressurized only. d. Clarification - conventional sedimentation, ballasted sedimentation, plate settlers, dissolved air flotation. e. UV disinfection - low-pressure high-output or medium-pressure, each with or without peroxide advanced oxidation 3. Chlorination will be liquid sodium hypochlorite. There will be no evaluation... 4. Pilot testing, if required, will be covered by an amendment to this Phase 1 scope. 5. Alternatives review workshop is six hours in duration and will be attended in person by Pierre Kwan, Verena Winter, and Rich Stratton. Elliott Mecham will participate via phone. 6. Material for the workshop will include 3D visualizations of the site and facilities. 7. Treatment Alternatives Report will not exceed 60 pages in length, including drawings and appendices. Deliverables 1. Workshop agendas, presentation materials and meeting notes. 2. Draft and final Treatment Alternatives Report 1.5 Initial Cost Estimating Objective Prepare initial cost estimates to support the alternatives evaluation. HDR Services 1. Subcontract with cost estimator, Mortenson. City of Ashland, Oregon 9 Scope of Services Design of 2 7.5-MGD Water Treatment Plant FY2 2. `Coordinate cost estimators activities and schedule. 3. Compile list of costs for completed WTPs with similar features. 4. Review cost estimates. Subconsultant Services 1. Prepare an AACE Class 5 lifecycle cost estimate for the three initial alternatives in Task 1.4. 2. Prepare an AACE Class 4 lifecycle cost estimate for the selected top two treatment alternatives in Task 1.4. City Responsibilities 1. Review and provide comments to cost estimates. Assumptions 1. None Deliverables 1. AACE Class 5 lifecycle cost estimate for the three initial alternatives in Task 1.4. 2. AACE Class 4 lifecycle cost estimate for the top two treatment alternatives in Task 1.4. 1.6 Water Quality Evaluation Objective Review water quality data and establish the pH and alkalinity targets for the new WTP. HDR Services 1. Subcontract with water quality subconsultant. 2. Review water quality data and provide recommendations for treated water pH, alkalinity, and chlorine residual. 3. Prepare draft treated water quality memo. 4. Prepare final treated water quality memo. Subcontract Services 1. Review draft treated water quality memo and provide comments. City Responsibilities 1. Provide 2017-2018 water quality data from treatment plant (i.e. years of data that HDR does not already have). 2. Provide 2010-2018 water quality data for TAP water (i.e. years of data that HDR does not already have). 3. Review draft treated water quality memo. City of Ashland, Oregon 10 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN Assumptions 1. Full distribution system water quality study'by subconsultant will be conducted in the subsequent Phase 2 effort. Deliverables 1. Draft and final treated water quality memorandum. 1.7 Energy Generation and Efficiency Objective Identify potential opportunities to incorporate energy generation and efficiency features into the project. HDR Services 1. Assess feasibility potential to include solar energy as part of the facility design and estimate return on investment for inclusion. a. Develop a general arrangement and one-line drawings (approximately 10% design level of effort) reflecting solar facility location, layout and size on site for analysis. b. Complete modeling using the PVSyst software to estimate the facility production based upon the conceptual site layout and electrical design. c. Prepare conceptual-level (10%) equipment, installation, and operation and maintenance costs. d. Prepare draft energy generation/efficiency memo to document assumptions used to determine the layout including equipment selected, required codes, thermal modeling parameters and other site conditions. e. Prepare final energy generation/efficiency memo. 2. Complete a micro-turbine hydropower energy recovery reconnaissance study to examine feasibility for energy generation from the raw water inlet. a. Identify a single unit option for the energy generation with a single unit b. Identify a multiple unit option to capture wider range of flowrates. c. Prepare conceptual-level (10%) equipment, installation, and operation and maintenance costs. d. Incorporate information into draft energy generation/efficiency memo to document assumptions used to determine the layout including equipment selected. e. Provide additional information into final energy generation/efficiency memo. 3. Evaluate opportunities for using flowing raw or treated water for building cooling during the summer. a. Identify flowrate requirements. b. Prepare conceptual-level (10%) equipment, installation, and operation and maintenance costs. City of Ashland, Oregon 11 Scope of Services Design of a 7.5-MGD Water Treatment Plant c. Incorporate information into draft energy generation/efficiency memo to document assumptions used to determine the layout including equipment selected. d. Provide additional information into final energy generation/efficiency memo. 4. Review information as part of Task 1.4 Alternatives Review Workshop. City Responsibilities 1. Review draft and final memos. Assumptions 1. No site visits are required for this task. 2. Micro-turbine hydropower energy generation will not limit water supply to the WTP. 3. Building cooling water will be through one-pass, non-contact heat exchangers. The used water will be sent back to the head of the plant for re-treatment. 4. Each study is conceptual-level only, space and building integration requirements for the evaluated equipment will be noted but not considered with respect to evaluation of overall feasibility. Deliverables 1. Draft and final memo describing solar energy, micro-hydropower, and building cooling memo. 1.8 Public Meetings Objective Prepare materials and participate in public meetings with the City to discuss the project. HDR Services 1. Prepare materials and participate in the following meetings: a. One City Council Study Session meeting b. Two City Council public meetings c. One combined meeting with Ashland Planning Commission and then Ashland Water Advisory Committee later in the day. 2. Prior to each meeting, participate in a one-hour phone call with City staff to review presentation materials and topics. City Responsibilities 1. Schedule meeting dates and locations. 2. Provide comments to the presentation materials. 3. Reproduction and distribution of materials. 4. Facilitate the meetings. 5. Meetings notes is the City's responsibility. City of Ashland, Oregon 12 Scope of Services Design of a 7.5-MGD Water Treatment Plant i 01 i Assumptions 1. Meetings will be no more than two hours in duration and attended by Pierre Kwan. 2. Phone calls will be no more than one hour in duration, attended by Pierre Kwan. 3. Meeting materials will be materials prepared in other tasks with some modifications. Deliverables 1. Meeting materials (electronic files only). PHASE 1 B PRELIMINARY DESIGN The purpose of Phase 1 B is to further develop the identified treatment process in Phase 1A to a 30-percent level of design and prepare the Basis of Design Report. This sub-phase has multiple subtasks. These subtasks are listed below. 1.9 Additional Geotechnical Analysis Objective Conduct additional geotechnical and geologic study of the upper Granite Site based upon layout of treatment process identified in Phase 1A. HDR Services 1. Coordinate geotech's additional onsite activities and schedule. 2. Review field exploration and testing plans.. 3. Have a meeting with geotech firm to review results. 4. Review draft geotech report. Subconsultant Services 1. Prepare and submit revised field exploration, testing, and health and safety plans. 2. Conduct an additional set of geotechnical explorations. 3. Perform laboratory analysis of boring samples. 4. Prepare and submit draft geotechnical report that includes: a. Seismicity requirements for treatment structures. b. Site preparation recommendations. c. Design recommendations for pipelines. d. Design recommendations for treatment structures. e. Design recommendations for site pavement and roadways. f. Design recommendations for new bridge to support interconnecting pipelines and traffic crossing Ashland Creek. 5. Prepare and submit final geotechnical report. City of Ashland, Oregon 13 Scope of Services Design of a 7.5-MGD Water Treatment Plant FEZ City Responsibilities 1. Coordinate with HDR for geotech access. 2. Review revised field exploration, testing, and health and safety plans. 3. Review draft geotech report and provide comments. Assumptions 4. The number, type, and location of explorations are as follows: a. One boring on the upper portion of mountainside at areas accessible with a track mounted drill rig after an access path has been cleared by others. The borings will be performed at the proposed reservoir site. The geotechnical boring will be to 100 feet, using HQ wireline and mud-rotary drilling techniques. Use a downhole (within the borehole) televiewer and imaging to view and record rock joints, for the purposes of rock cut design and slope stability assessments. b. If required, have one geotechnical boring to 50 feet, using mud-rotary drilling or HQ wireline drilling techniques. Also use a downhole (within the borehole) televiewer and imaging to view and record rock joints, for the purposes of rock cut design and slope stability assessments. 5. Laboratory testing of samples will be the same parameters as the Task 1.2 initial geotechnical study. Deliverables 1. Revised field exploration, testing, and health and safety plans. 2. Draft and final geotechnical report. 1.10 Existing Infrastructure Planning Objective Review the existing infrastructure and provide recommendations for abandonment, renovation, and/or keeping in place. HDR Services 1. Conduct a site visit to the existing WTP and pipelines for integration with the future WTP. 2. Review previously produced reports on TO pipeline and Granite Reservoir. 3. Prepare recommendations for which infrastructure should be abandoned in place, removed, renovated, or kept in place. Recommendations will include: a. Sketches for extent of recommendation. b. Phasing plan. c. Cost estimate (from Task 1.7) 4. Based upon City review comments, prepare draft long-term facility plan for the existing infrastructure. 5. Prepare final long-term facility plan for the existing infrastructure. City of Ashland, Oregon 14 Scope of Services Design of a 7.5-MGD Water Treatment Plant City Responsibilities 1. Provide access to the necessary properties and participate in site visit. 2. Determine the extent of recommendations for inclusion in this project. 3. Review draft long-term facility plan and provide comments. Assumptions . 1. Site visit will be four hours in duration and by Verena Winter and a project engineer. 2. The infrastructure reviews will be: a. Existing Ashland WTP b. TO Transmission Pipeline -summary of prior review. c. Treated Water Transmission Pipeline. d. Granite Street Reservoir- summary of prior review Deliverables 1. Draft long-term facility plan. 1. Final long-term facility plan. 1.11 Potential Secondary Intake Objective Review the existing infrastructure and provide recommendations for an emergency water intake into Ashland Creek HDR Services 1. Evaluate the technical feasibility and permitting requirements for an emergency water intake into Ashland Creek at either the existing or new WTP site for the following criteria: a. Treatment requirements b. Pumping requirements c. Constructability d. Initial capital cost. e. Permitting requirements f. Permitting schedule 2. Summarize information into a draft memo for City review. 3. Prepare final memo based on City's comments. Assumptions 1. All site visits are covered by other prior tasks. City Responsibilities 1. Review memo and provide comments and direction. City of Ashland, Oregon 15 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN Deliverables 2. Draft intake memo. 3. Final intake memo 1.12 Preliminary Design Objective Prepare preliminary (30%) designs of the City-selected treatment alternative and existing infrastructure to be abandoned or renovated. HDR Services 1. Prepare the following draft preliminary (30%) design documents: a. Major equipment list. b. Chemical sizing calculations. c. Process flow diagram d. Design criteria table e. Facility hydraulic profile. f. Site layouts and grading, including cut, fill, and hauling volumes. g. Building layouts h. Process and instrumentation diagrams. I. Onsite water and sewer piping alignments. j. Offsite water and sewer piping alignments. k. Electrical one-fine diagrams. 1. Control block diagram. m. Designs as required to address Granite Street Reservoir and the existing WTP and pipelines. n. Specifications table of contents. 2. Identify and prepare list of required permits. 3. Participate in a pre-application review meeting with City of Ashland planning and building departments. 4. Coordinate and conduct a pre-application review meeting with Department of State Lands (DSL). 5. Prepare schedule for final design, permitting, and construction. 6. Conduct a review workshop with the City and receive comments from City. 7. Prepare final preliminary design documents. City Responsibilities 1. Review preliminary design documents and provide comments. 2. Coordinate and participate in meeting with Ashland planning and building departments. City of Ashland, Oregon 16 Scope of Services Design of a 7.5-MGD Water Treatment Plant I I-N 3. Participate in meeting with DSL. 4. Participate in review workshop. Assumptions 1. A total of 60 sheets will be produced. 2. For the purposes of budgeting, assumed drawings will include demolition of Granite Street Reservoir, and ten sheets associated with changes to the existing WTP. 3. Meeting with Ashland planning and building departments will be two hours in duration by Verena Winter and Brian Bauman. 4. Meeting with DSL will be two hours in duration and will be held at Medford, OR by Verena Winter and Brian Bauman. 5. The SCADA integration will be deferred to Phase 2 when ORPAC is under contract. Deliverables 1. Draft preliminary drawings. 2. Final preliminary drawings. 1.13 Phase 1B Cost Estimating and Value Engineering/Constructability Review Objective Prepare cost estimates and conduct a value engineering/constructability workshop to identify risks and mitigation measures. HDR Services 1. Coordinate cost estimators activities and schedule. 2. Review cost estimates. 3. Organize and lead constructability/value engineering workshop to review the draft predesign drawings. Workshop will consist of the HDR team and the City reviewing the construction issues and associated costs. Subconsultant Services 1. Prepare an AACE Class 4 lifecycle cost estimate for the existing infrastructure abandonments and renovations in Task 1.10. 2. Prepare an AACE Class 3 lifecycle cost estimate at the conclusion of the Task 1.12 preliminary design. 3. Participate in constructability workshop. City Responsibilities 1. Review and provide comments to cost estimates. 2. Participate in constructability workshop. City of Ashland, Oregon 17 Scope of Services Design of a 7.5-MGD Water Treatment Plant IN Assumptions 1. Value engineering/constructability workshop will be lead by HDR Project Manager. There will be no outside facilitator. 2. Workshop will be four hours in duration and attended by Pierre Kwan, Verena Winter, and Rich Stratton. This meeting is in HDR's office in Portland, Oregon. Deliverables 1. AACE Class 4 lifecycle cost estimate for the existing infrastructure abandonments and renovations. 2. AACE Class 3 lifecycle cost estimate at the conclusion of the preliminary design. 1.14 Basis of Design Report Objective Summarize the information in prior tasks into a Basis of Design Report (BODR). HDR Services 1. Prepare draft BODR for City review. 2. Prepare draft final BODR for OHA review. 3. Conduct a review phone call with City to discuss any OHA comments. 4. Prepare final BODR. ~I City Responsibilities 1. Review draft Preliminary BODR and provide comments. 2. Review OHA comments to draft final Preliminary BODR and provide comments. Assumptions 1. Report will be 300 pages, including drawings and appendices 2. One iteration of review comments from the City and OHA. Deliverables 1. Draft, draft final, and final BODR. City of Ashland, Oregon 18 Scope of Services Design of a 7.5-MGD Water Treatment Plant FN Phase l Fee The fee associated with the Phase 1 scope are as follows: No. Task Fee Phase 1A - Treatment Alternatives Project Management 61,385 1.1 Gather Existing Planning and Site Data 10,464 1.2 Initial Geotechnical Study 126,948 1.3 Site Survey 44,581 1.4 Alternatives Development, Evaluation, and Recommendation 129,526 1.5 Initial Cost Estimating 47,490 1.6 Water Quality Evaluation 14,124 1.7 Energy Generation and Efficiency 39,009 1.8 Public Meetings 15,302 Sum of Phase 1A 488,829 Phase 1B- Prelimiary Design 1.9 Additional Geotechnical Analysis 125,509 1.10 Existing Infrastructure Planning 25,480 1.11 Potential Secondary Intake 10,129 1.12 Preliminary Design 188,850 1.13 Phase 1B Cost Estimating and Value Engineering/ 75,509 Constructability Review 1.14 Basis of Design Report 89,270 Sum of Phase 1B 514,747 Total of Phase 1 1,003,576 City of Ashland, Oregon 19 Scope of Services Design of a 7.5-MGD Water Treatment Plant F~2 a i City of Ashland, Oregon Scope of Services Design of a 7.5-MGD Water Treatment Plant Council Business Meeting October 2, 2018 An Ordinance Amending AMC 9.08.120 and AMC 13.16.070 to Resolve Agenda Item Inconsistencies and Increase Vertical Clearance Height of Trees and Other Vegetation above Public Streets and Alleys From Dave Lohman City Attorney Contact david. lohman(a),ashland. or.us SUMMARY The proposed ordinance is to reconcile two Ashland Code provisions concerning the trimming or removal of trees and other vegetation impacting public streets, alleys and to bring the City's required minimum vertical clearance above City streets and alleys into compliance with Oregon Revised Statutes. POLICIES, PLANS & GOALS SUPPORTED Provide, promote, and enhance the security/safety, environmental health, and livability of the community. (Quality of Life Administrative Goal) PREVIOUS COUNCIL ACTION In 2002, AMC 13.16.070 established the vertical clearance distance for trees and shrubs above public streets at fourteen feet and above alleys at twelve feet. In 2010, AMC 9.08.120 was enacted to set the minimum vertical clearance distance for branches that hang above sidewalks or streets at not less than eight feet above sidewalks and not less than 12 feet above streets. BACKGROUND AND ADDITIONAL INFORMATION ORS 818.080 establishes maximum allowable height of vehicles, including load, as fourteen (14) feet for any vehicle on public roadways. The City of Ashland operates some large vehicles just under 14 feet tall. On occasion, the City's own vehicles or private service vehicles cause damage to tree or shrubs which overhang streets or alleys a distance of 13.5 feet or less. As to clearance heights for trees and shrubs above streets and alleys, the two current City Code provisions establish standards that are inconsistent with each other and with vehicle height allowance in the state statute. For clarity and consistency, the code provisions on clearance heights above public streets and alleys subject to vehicle use should be reconciled and conformed to the maximum height allowed for trucks. FISCAL IMPACTS The added costs of these minor Code revisions are expected to be negligible for the City and for affected property owners. In all but an estimated dozen or so cases, the actual clearance heights above City streets and alleys subject to vehicle use are already close to 14 feet. City ordinances already require at least 12 feet of clearance above City streets and alleys. Under the proposed new standard, affected property owners will be required to undertake only a little more trimming than they are already supposed to be doing. The slightly higher clearance standard seems likely to result in reduced damage to trees and vehicles so as to offset additional tree maintenance costs from a community- wide perspective. A few individual property owners, however, may have to pay a little more for trimming than in the past. Page 1 of 2 CITY OF -ASHLAND STAFF RECOMMENDATION Staff recommends approval of First Reading of the attached proposed ordinance. ACTIONS, OPTIONS & POTENTIAL MOTIONS 1. I move to approve First Reading of proposed Ordinance No. 3157, [as amended] which is titled "An Ordinance Amending AMC 9.08.120 and AMC 13.16.070 to Resolve Inconsistencies and Increase Vertical Clearance Height of Trees and Other Vegetation above Public Streets and Alleys. 2. I move to amend proposed Ordinance No. 3157 as follows: REFERENCES & ATTACHMENTS Attachment 1: Proposed Ordinance 3157 Pa-e 2 of 2 CITY OF ASHLAND I ORDINANCE NO. 3157 2 AN ORDINANCE AMENDING AMC 9.08.120 AND AMC 13.16.070 TO RESOLVE 3 INCONSISTENCIES AND INCREASE VERTICAL CLEARANCE HEIGHT OF TREES 4 AND OTHER VEGETATION ABOVE PUBLIC STREETS AND ALLEYS 5 Annotated to show deletions and additions to the Ashland Municipal Code sections being 6 modified. Deletions are bold lined through, and additions are bold underlined. 7 8 WHEREAS, By adopting consistent vertical height clearance of vegetation over public streets 9 and alleys, promotes the safety and welfare of the citizens by diminishing damage to commercial 10 vehicles and power line outages; 11 WHEREAS, Oregon Revised Statute 818.080 establishes maximum allowable height of 12 vehicles, including load, as fourteen (14) feet for any vehicle on public roadways; 13 WHEREAS, Ashland Municipal Code Section 9.08.120 ("Trees - Hedges") regulates heights of 14 trees, bushes, or hedges on property abutting upon a street or public sidewalk. 15 WHEREAS, Ashland Municipal Code section 13.16.070 ("Dangerous Trees -Nuisance 16 Removal") regulates trees or shrubs detrimental to the usefulness of any public street, sidewalk, 17 or utility and requires that trees or shrubs have at least 14 vertical feet of clearance over any 18 public street and at least 12 feet of vertical clearance over that portion of any alley subject to 19 vehicle use. 20 WHEREAS, Amendments to the Ashland Municipal Code are warranted in order to resolve the 21 inconsistencies among ORS 818.080, AMC 9.08.120 and AMC 13.16.070. 22 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 23 SECTION 1. Ashland Municipal Code Section 9.08.120 Trees - Hedges is hereby amended as 24 follows: 25 9.08.120 Trees - Hedges 26 A. No owner or person in charge of property that abuts upon a street or public sidewalk shall 27 permit trees, bushes, shrubs, or hedges on such property to interfere with street or sidewalk 28 traffic or restricting the usefulness of any public street, sidewalk, sewer, or utility. In 29 addition, it shall be the duty of such owner or person to remove, from any tree on such property, 30 all branches that overhang the sidewalk or street to a height of not less than eight feet above the sidewalk. and net less than „ feet ah- P, the street. For purpose of the preeading sentenee- ORDINANCE NO. 3157 Page 1 of 3 I the duty to rernove bFanches extends to tFees on any parking sirip adjoining the stFeet or side 2 that abuts stieh ei4y. 3 B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is 4 a hazard to the public or to persons or property on or near the property. 5 C. No owner or person in charge of property shall place or maintain thereon, along a street or 6 public sidewalk, a thorn-bearing hedge or a hedge in excess of four (4) feet in height. 7 D. Failure of the property owner to remove or trim a tree, bush, shrub or hedge which 8 does not meet the requirements of this section within thirty (30) days of receiving notice 9 thereof from the City is a violation of this section, and the City may then remove or trim 10 the tree, bush, shrub or hedge and assess the costs thereof against the property. In addition, any violation of this section is punishable as provided under AMC 9.08.990. Il 12 SECTION 2. Ashland Municipal Code Section 13.16.070 is hereby amended as follows: 13 13.16.070 Dangerous Trees Nuisattee Vertical Clearance Above Streets and 14 Alleys A tree or "L„' b gro-.N,ing in any bl; et.t. "t° erty, plantin strip 15 16 abutting publie ' 17 of any publie street, sewer-, sidewalk or utility, is deelaFed to be a publie nuisanee; and the City trim the tree sl'rub e the pFepefty o f to Rfflove of ' trim A- may remove or 18 the 19 tFee or shrub. Trees., of shrubs, or other vegetation extending over any public except an 20 or alley, shall be trimmed in such a manner as to provide a minimum fourteen 141 feet vertical clearance over the sere t. Trees or shrubs extending Hil shall be trimmed sueh~ 21 22 manner- as to pro-, ide a mon*mum 12 feet vertical elear-anee ove that portion of the street or 23 alley subject to vehicle use. Failure of the property owner to remove or trim the tree, shrub, or 24 other vegetation which does not meet the requirements of this section of shFub within thirty X301 days of receiving notice thereof from the City Recorde is a violation of this ehapte 25 section, and the City ^ dministratof may then remove or trim the tree or shrub and assess the 26 27 costs thereof against the property. In addition, any violation of this section is punishable as 28 provided under AMC 13.16.100. 29 SECTION 3. Codification. In preparing this ordinance for publication and distribution, the 30 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within ORDINANCE NO. 3157 Page 2 of 3 I such limitations, may: 2 (a) Renumber sections and parts of sections of the ordinance; 3 (b) Rearrange sections; 4 (c) Change reference numbers to agree with renumbered chapters, sections or other parts; 5 (d) Delete references to repealed sections; 6 (e) Substitute the proper subsection, section, or chapter numbers; 7 (f) Change capitalization and spelling for the purpose of uniformity; 8 (g) Add headings for purposes of grouping like sections together for ease of reference; and 9 (h) Correct manifest clerical, grammatical, or typographical errors. 10 SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable, 11 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the 12 remainder of this ordinance shall remain in full force and effect. 13 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) 14 of the City Charter on the day of 2018, and duly PASSED and ADOPTED 15 this day of , 2018. 16 17 18 Melissa Huhtala, City Recorder 19 20 SIGNED and APPROVED this _ day of 2018. 21 22 23 John Stromberg, Mayor 24 Reviewed as to form: 25 26 David H. Lohman, City Attorney 27 28 29 30 ORDINANCE NO. 3157 Page 3 of 3