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HomeMy WebLinkAbout1996-0618 Council Mtg PACKET Im =: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. 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 time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agen AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 18, 1996 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting minutes of June 4, 1996. N. CONSENT AGENDA: 1. Minutes of boards, commissions, and committees. 2. Monthly departmental reports for May 1996. 3. Confirmation of Mayor's appointment of Greg Scoles as Assistant City Administrator/Personnel Director effective July 15, 1996. 4�1 Authorization for Mayor and City Recorder to execute deed for sale of 375 \� rvl square foot parcel on Fourth Street to Wallace Cannon. V. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VI. NEW & MISCELLANEOUS BUSINESS: 1. Presentation by Plato Doundalakis on stream protection along Bear Creek. 2. Approval of Definitive Agreement from Ashland Community Healthcare Services. 3. Authorization for Mayor and Recorder to sign lease agreement with Ashland Community Healthcare Services. 4. Proposed opening of Eureka Street, east of Eighth Street. 5. A Resolution adopting a Transportation Utility Rats Schedule pursuant to Section 4.26.020 of the Ashland Municipal Code." VII. ORDINANCES RESOLUTIONS AND CONTRACTS: 1. Second reading by title only of "An Ordinance withdrawing an annexed area from Jackson County Fire District No. 5 (Parker/Neuman Annexation)." 2. Reading by title only of a "Resolution transferring appropriations within funds for the 1995-96 fiscal year." ,�5 , VIII. OTHER BUSINESS FROM COUNCIL MEMBERS 1. Progress report by Councilor Laws on development of Arterial street Fund for assisting LID participants. IX. ADJOURNMENT Reminder: Council Study Session at 4:00 p.m., Wednesday, June 19, in Council Chambers. on proposed Capital Improvement Plan for 1996-97 to 2000-01. I MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 4, 1996 CALLED TO ORDER Mayor Golden called the meeting to order at 7:05 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of May 21, 1996 were approved with the following correction; under Other Business paragraph two; Councilor Hagen reviewed decision by Bicycle Commission. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's proclamation for the week of June 9-16, 1996 as "Crosswalk Awareness Week." Mayor Golden presented the proclamation committing the City to encourage walking and all citizens entitled to safe use of the public roads. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly departmental reports for April, May 1996. 3. City Administrator's monthly report for May 1996. 4. Confirmation of Mayor's appointment of Susan Wilson Broadus as Director of Public Works effective June 17, 1996. 5. Request from Vince Oredson for easement over street plug at the south end of Sam Evans Place. 6. Approval of Ambulance Operators' License for Ashland Fire and Rescue pursuant to Ashland Municipal Code Chapter 6.40. 7. Appointment of current Hospital Board members to new Ashland Community Healthcare Services Board effective July 1, 1996. 8. Mayor's appointment of Mary Jane Tilson, RN, BSN and Mavis Cloutier to Ashland Community Healthcare Services Board of Directors effective July 1, 1996 (10th and 11th positions) for terms ending April 30, 1998. Councilors Hagen/Wheeldon m/s to approve consent agenda. Councilor Thompson abstained from item number 5. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed withdrawal of recently annexed land for Jackson County Fire District No. 5 (Parker/Neuman Annexation - Mountain at Munson Drive). PUBLIC HEARING OPEN: 7:13 p.m. PUBLIC HEARING CLOSED: 7:13 p.m. City Council Meeting 6-04-96 1 PUBLIC FORUM Russe ll Howe/1555 Windsor Street/Spoke regarding the Strawbe nY /Westwood development. Stated that because of the smallness of Strawberry Lane, if too many units are developed it would create major traffic problems and fire hazards. He felt that the development should be one acre parcels because it would not allow so many units. Mayor Golden explained that council has met and is spending time during study sessions to deal with our options. j Zen Freese/681 Glenwood Drive/Spoke regarding the Strawberry/Westwood development. Stated that the road conditions are unacceptable. Suggested that those that live in the area pay for the improvement of the area or that there be rezoning in the south section of Strawberry Lane. Murphy Scholl/822 Harmony Lane/Spoke regarding population in Ashland and preserving the beauty of Ashland for tourism. Concerned that there are too many houses being built on the hillside. UNFINISHED BUSIN ESS 1. Authorization for Mayor and Recorder to sign contracts for Wetlands/Soil Treatment Pilot project. Paula Brown reported that on April 16, 1996 the council agreed to have the newly appointed Public Works Director to sign the contract. Brought council up to date in that a draft letter from DEQ had been received. DEQ is showing tentative approval for our facility plan, dates are being negotiated. Looking for full compliance with Phase Two in December of the year 2000. DEQ has acknowledged inconsistencies with the waste load allocations and TMDL process. Ready to move on with the wetlands test. NEW AND MISCELLANEOUS BUSINESS None ORDINANCES RESOLUTIONS AND CONTRACTS 1. First reading of "An Ordinance withdrawing an annexed area from Jackson County Fire District No. 5 (Parker/Neuman Annexation)." Councilors Hauck/Laws m/s to approve first reading and place on agenda for second reading. Roll Call vote: Laws, Reid, Hauck, Hagen and Wheeldon, YES; Councilor Thompson, NO. Motion passed 5-1. 2. Mayor's proclamation and reading by title only of "A Resolution declaring the canvass of the election held in and for the City of Ashland,.Oregon on May 21, 1996." City Council Meeting 6-04-96 2 I� Councilors m/s to approve Resolution # . Roll Call vote: Reid, Hauck, Hagen, Wheeldon, Thompson and Laws; YES. Councilor Thompson noted the procedure as to why the canvass of election is brought to council for approval. Motion passed. 3. Authorization for Mayor and Recorder to sign Memorandum of Understanding with Ashland Ranger District regarding management of the Ashland Watershed and interface areas. Councilors Hauck/Wheeldon m/s to authorize signature. Roll Call vote; Laws, Reid, Hauck, Hagen, Wheeldon and Thompson, YES. Motion passed. 4. Authorization for Mayor and Recorder to sign contract with Southern Oregon State College for the operation of Rogue Valley Community Television. Councilors Hagen/Wheeldon m/s to authorize signature. Voice vote: all AYES. Motion passed. Council requested that staff review city ordinance involving the cable commission and incorporate any changes. OTHER BUSINESS FROM COUNCIL MEMBERS Councilors Laws/Hauck m/s to allow suspension of rules regarding public hearing and allow a speaker. Voice vote: all AYES. Motion passed. Steve Hoxmeier/435 B Street/Spoke regarding his concern in the moving of the historical landmark, Golden Spike Plaque. The plaque had been on the property of 435 B Street, and is now down the street. Requested clarification from council regarding the procedure in moving a historical landmark. He didn't understand why the plaque had been moved. He believes that the spike should be left at the spot where the ceremony was held. Mayor Golden explained that after discussing the matter with several staff members and members of the Historical Commission, the spike had been moved because of construction and general upheaval in the area of the marker. There was concern regarding the safety of the marker and it was moved at that time to the city yards for around two years. A request from Jim Lewis, Historical Commissioner, that the marker be moved next to the depot was approved. Councilors Laws stated that the marker should be where the actual location was or where it is accessible to the public. Council requested that the Historic Commission, Public Works and the Parks Commission be contacted to determine the correct placement of the plaque. City Council Meeting 6-04-96 3 i t r Councilor Thompson requested that Planning Director John McLaughlin address the current system of applying for accessory dwelling permits. McLaughlin spoke regarding the possibility of waiving fees and reported that there would not be a real incentive. Conditional use permits allow for some discretion but not enough to be an incentive. Feels that the process is what hinders the permits not the fees. There was interest by council to discuss this topic at a study session or public hearing. Discussion by council regarding the process of adding an accessory dwelling versus adding onto an existing home. McLaughlin stated that if there is a kitchen which allows the unit to be separate from the existing home, then it would need to go through the planning action procedure for conditional use permit. McLaughlin reported that there are currently around 50 units in a single family zone. Mayor Golden supported encouraging that no System Development Charges to this type of conditional use be charged. Stated that there are many benefits to allowing this type of use. Councilor Wheeldon requested that the new Public Works Director be introduced. Councilor Wheeldon was informed that the crosswalks are painted twice a year. Councilor Hagen announced the annual meeting of the Southern Oregon Film Video Association on Thursday, June 6, 1996. Councilor Thompson requested update on meeting schedule. McLaughlin reported that they are on track with scheduled meetings. Noted that the statements made during the public forum were well versed and he was impressed with their input. Introduction of Susan Wilson-Broadus as the new Public Works Director. ADJOURNMENT Meeting was adjourned at 8 p.m. Barbara Christensen, Recorder Catherine M. Golden, Mayor City Council Meeting 6-04-96 4 iii ASHLAND CONSERVATION COMMISSION MINUTES APRIL 24, 1996 APPROVAL OF MINUTES Members in attendance were Amarotioo, Chapman, Hagen,McCory, Moats and Evans.Commissioners absent were Buck and Otte. Staff in attendance was Wanderscheid. Minutes were approved as submitted. PUBLIC FORUM Merlin Varday from World of Mouth Educational Catering Service stated the goal of the Healthy School Lunch Program and presented In dance the beaver's path as symbol for the Healthy School Lunch Program.Georgia Varday explained to the commission the middle school's environmental group (WAVE) involvement in community projects. Hagen Invited WAVE to join in any projects the Conservation Commission might be undertaking. Hilary Varday shared her idea for the fourth of July parade. Adi shared with the commission both Seattle and Portland have programs which allow measurements of sustainability. He encouraged contacting representatives from each program to see if there is anything we can glean from them or share with them.Adi requested information concerning the City of Ashland's participation in the Rogue Valley Clean Cities Coalition. Wanderscheid explained Pam Barlow from Public Works department is currently the city's representative to this group. Clean Cities Coalition deals with alternative fuel and alternative fuel vehicles.Wanderscheid added Ashland has also shown support by obtaining the electric vehicle. Hagen added the City of Ashland buys down bus fares by an annual budget line item for Rogue Valley Transit as well as being involved in discussion with other agencies about such topics as alternative fuel stations. Susan with the Oregon Clean Stream Initiative-This group is working to get an initiative on the ballot to provide protection for the streams which DEO has listed as most polluted.The protection will reduce impact on those streams by such measures as fencing. Fencing would stop cattle or grazing from occurring and yet allow other wildlife into the stream area.This group would like to have a table at the Recycle Center which could provide information as well as an opportunity for people to sign petitions. Amrheln and Chapman were concerned that this type of activity would increase the length of time a vehicle stays at the Center therefore Increasing congestion.Their recommendation was to not allow such situations on a general basis. ASHLAND SANITARY UPDATE 1. Phonebooks- Efforts were very successful this year with close to 20,000 pounds of outdated telephone books being recycled. This is almost double last year's intake. The elementary schools collected over 5,000 pounds with Briscoe winning the competition with 1100 books. Certificates and the trophy will be award within the next month. The"big"users brought their books in at the end of March.There is now year-round market for books.The goal for next year will be to conduct the entire drive alone without sponsorship from U.S.West. 2. Hazardous waste- Hours have been extended to 8 a.m.to 4 p.m.on Friday, May 3 and 8 a.m.to 1 p.m.on Saturday, May 4. 3. Chipper-There were approximately 65 people who used the service. Only two people were not happy with the size of the "chips". SOSC had several houses chipped in which a commercial landscaper did not hauled off the chips.ASR will not accept any commercial request in the future because that was not the original intent of the program. 4. Spring cleanup- Advertising has begun and the program is on schedule. 5. Composting-S.O.T.H.,AS &R,W.O.R.M.and the City of Ashland met and began discussion on the feasibility of a commercial compost facility to be located somewhere in the greater Ashland area. Ashland Sanitary and SOTH will investigate sites,volumes,collection options, permitting requirements,financial requirements,etc and meet again at 1p.m.on May 28. Commission members are welcome to attend. 6. Multi-family letter-Wanderscheid has the draft and it will be distributed any time now. 7. RSI tours-Tours were conducted on April 17& 18.They were well attended and the kids seemed to learn a lot.Walker Elementary School sent a busload of over 60 children. Extra special thanks to Karen Amarotico for being L.E.S.S.. She did a great job and put in extra hours due to timing problems. OLD BUSINESS A. Committee Reports 1. Precycling- Four restaurants attended the meeting. Restaurateurs were informed of alternative/recyclable materials.The next meeting will be Monday the 29th at 7p.m. 2. Education-A list of class options for the Saturday classes at the Recylce Center was created. Staff will be responsible for master calendar which will include advertising in the newspaper. 3. Tree Free-Pricing information was forwarded from staff. Evans will review this information with the Print Shop and return to the full Commission with a recommendation. Recycling Center Slide Projector-Ashland Sanitary&Recycling is sharing in the cost of the slide projector housing and Installation.Our thanks to them. NEW BUSINESS Earth Day Logo Contest Update and Logo Refinement Discussion/Work Group-Hagen is working on logo refinement. Wanderscheid Informed the Commission that Hagen had donated his winnings to the Pacific Institute of Natural History for low Income memberships.The Museum added one additional membership and staff is working on finding recipients for them. Hagen requested volunteers to work on redesign. Buck and Chapman volunteered and will report back at the next meeting. Jeff Cooper's Resignation-Wanderscheid read Cooper's letter of resignation and recommended (female) commissioners to encourage people to apply as soon as possible. j COMMISSION ITEMS There were no commission items this month. ADJOURNMENT Meeting adjourned at 8:30 p.m. j �4f Y I ` I I P ( I. .,. ASHLAND Al"ORT COMMISSION 4 E Regular Meeting June 5, 1996 Members present: Alan DeBoer; Marty Jacobson; Bill Stillman; Laura Craven; Paul Mace; Linda Katzen; and John Yeamans. Staff present: Pam Barlow and Caralyn Dusenberry I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS The meeting was called to order at 12 noon by Chairman Alan DeBoer. II. APPROVAL OF MINUTES: Wednesday, May 1st, 1996 DeBoer stated the minutes were accepted as filed. III. OLD BUSINESS: A. Land Leases: New State Rate Survey. Staff: Barlow stated the rates from around the State are on a table in the Commissioner's packet. Discussion was held on the table of rates. Barlow recommended a sub-committee be formed to work with the newly appointed Public Works Director and prepare a recommendation for the July meeting. DeBoer asked Barlow to have the new rates at the next Commission meeting for their review. The rate of concern is for the Commercial land leases. At this point there are no tenants. In general it looks like an 18-24 cent range is the increase (per square foot per year). B. Commercial Lease Area/Storm Drains: Staff: Acting Public Works Director Jim Olson was attending a DEQ meeting in Medford and was not present. He asked staff to report to the Commission that the storm drains would not be placed until after the Street Department's paving season. They are expected to begin construction in August. C. Maintenance Issues: Staff: Barlow stated the maintenance issue of concern is Steve Greene's hangar door which has frayed cables. Marty is working on the personal door. Discussion was held on how the City makes these repairs. DeBoer recommended a specific business be contacted to repair Greene's hangar door and at the same time place PAGE 1—(c:&irp\min %j.c%.Miu) the personal door. These expenditures will be charged to the Airport Budget. It was the consensus of the Commission that this be taken care of as soon as possible because of the danger. Yeaman stated there are still problems with the Maintenance Building doors. DeBoer stated the same company will be asked to address these doors also. D. Review of Safety Reports - Skinner: Skinner stated everyone received a copy of the report in their packet. The weed control is a little out of hand. The biggest problem is the ramp. Skinner stated they have been out and done a good job in the other areas but the little spots need to be taken care of. Skinner stated Airport Appreciation Day was a big success. The work that was put into it has made it a safe and well organized event. Yeamans stated there is a wash-out or sink hole in the pavement. This needs to be looked into as soon as possible because it is a hazard. The hole is located in the center of the apron off of the parking area. Jim Olson needs to look at this area and make a decision as to repair. Glen Ward stated concerns of safety due to an incident on the runway he observed and tried to help. He recommended wheel fire bottles be obtained from the Air Force. Discussion was held on government surplus and the City's capability to purchase. Yeamans asked if the Fire Departments comprehensive plan included the Airport. Barlow recommended talking to Don Paul. Mace recommended Woodley or Paul be contacted about obtaining fire bottles for the Airport. Discussion was held on fire safety. IV. NEW BUSINESS: A. OR SB 1113 - Staff: Barlow stated there are complexities with Oregon's Senate Bill 1113. She called Tom Hyland at OAA. She stated sections 6 and 9 are most relevant. Six refers to ODOT and LCDC setting planning rules for areas adjacent to Airports. Review is scheduled by the State Transportation Commission for June 6th. A copy of the Senate Bill was in the Commission packets. Discussion was held on changing the decibels. Mace asked that the Commission be notified as to the out come of the Commission meeting so that they may respond. B. Report from the Ashland Airport Association (President Clark Hamilton, V.P. John Yeamans): Hamilton stated 175 people were given rides at Airport Appreciation Day which is up from the 136 rides for the previous year. Flights were up from 44 to 59. There was a rain shower at noon but it was good. Gross income was in the area of $1400 and they netted approximately $1200. Al Alsing recommended Pat Henry and the Ashland Chamber be sent letters of thanks. There are 150 members of the Association. Yeamans stated there was good press for the Airport PAGE 2-(c:urp�mmWU\juoc96.Rfia) Appreciation Day. Two articles and four pictures were in the Ashland Tidings. The persons wanting to be there came. The weather did not bring the casual sight seers. There 89 youngsters, of the 175, that flew on the rides. C. Move Airport Commission July Meeting to Wed July 10th: DeBoer stated we will set the meeting for July 10th. The only two agenda items will be the rates and the flight pattern. D. Other: Al Ettinger addressed the Commission and presented a hand-out in reference to the flying pattern (see attached). A problem with the current flight pattern is that all homes are at the 2100-2200 feet. The change would cause less noise in the community. The second problem is that Oak Knoll is a turn base, coming over houses substantially lower. The third problem is the take off. Taking off straight and ahead was acceptable. This was addressed on the second page of hand-out (see attached). This will need to be published at 3,000 feet. Notification to the charts will need to be made and two other publications will need to receive notification. A posters displayed at the Airport would also be needed. When pilots are obtaining weather briefings they can be notified of the 3,000. DeBoer asked how Skinner felt about this issue and Skinner stated he was an advocate of it. On high traffic days noise complaints are received in reference to aircraft flying over homes. Discussion was held on notices to the newspaper and in the City's utility billing. Mace stated he would like "recommended" be the word used. He does not want to create an expectation that cannot be met. Skinner stated this weekend the NW Bonanza is flying in and he would notify them of the change. Yeamans asked about maintenance and changing the signs. The objections in the past is that when you have problems with noise complaints it would be nice to have something to act on. Skinner stated as the population increases and there is more business at the Airport this will increase the complaints. He thinks this would be a good move. Mace recommended this not be publicized and a prominent notice be placed at the Airport. This issue will be addressed at the next meeting and input would be received at that time. Skinner recommended FAA be notified. This will be placed on the next agenda and contacts will be made to the appropriate parties. Barlow stated FAA and Oregon Aeronautics could be called. Skinner stated he would recommend FAXing the recommendation and would take care of the response. Yeamans asked if ultra- lights need to be addressed. DeBoer stated the ultra-lights and helicopters fly at opposite pattern. V. AIRPORT MANAGER REPORT/FBO REPORT: A. Status of Airport--Skinner: Sales and transit has increased. A third mechanic has been hired, possibly temporary for the summer months. Aircraft rental is up and everything is moving in a positive direction. Flight instruction has increased. Skinner advertised in these areas and will advertise more. Hopefully this will draw more traffic. Skinner stated that he discussed with Hamilton the possibility of a barbecue to PAGE 3—(c:.iry\m*muwtiti.v6.me) bring the Airport Users group,together through the nicer summer months. Barlow stated an insert could be placed in the utility billing. Mace stated we could possibly have the Commission meeting on the same day. Discussion was held and it was the conseiisus of the Commission that this was a good idea and the item be placed on the next agenda. B. Financial Report: VI. INFORMATIONAL ITEMS: Hamilton stated he is in agreement with the flight pattern increase. Ward stated the weeds next to the road are now over six feet high. DeBoer stated they would remind the City. I. ADJOURN: DeBoer adjourned the meeting at 1:00 p.m. Respectful] submitted, Lj Canal n Dusenberry Administrative Secretary Public Works Administration PAGE 4-(c:.ip\miow.Nj,.9 .Mm) BICYCLE COMMISSION May 21, 1996 • MEETING M]9q TES COMMISSIONERS PRESENT: Janine Ellsworth; Sarada; Rees Jones; and Councilor Hagen. Staff present: Pam Barlow and Caralyn Dusenberry. I. CALL TO ORDER: Chairman Hagen called the meeting to order at 12:10 p.m. II. APPROVAL OF MINUTES: Tuesday, April 16, 1996 There was not a quorum at the April 16th meeting. III. ITEMS FOR DISCUSSION: h A. Bicycle Commission Goal Setting/Budgeting:g Set Meeting Commission set Wednesday, May 29th, 7:00 p.m., Jury Room, for a goal setting N session. The City Council has approved $4,000.00 in the 1996-97 Bicycle Commission budget. B. Facility Development: Update/Planning Siskiyou Boulevard: The State Improvement Program input period is going on now. The consensus letter is on the City Council meeting agenda to be held that night. There has been more regional equity for this area. Sisldyou Boulevard will move to project development. Grants for SEAMAC funding will be available. Discussion was held on consensus letter and Ashland's proposed/needed projects. PAGE 1—(c:bYe m nuw may96.M n) Central Ashland Bikepath--Barlow: The engineer has been selected and an addendum is being considered for the full project. Bicycle Parking: Ellsworth stated locations for bicycle parking have been identified on a map and the map was given to Barlow. Discussion was held on redesigning the bicycle rack (non-permanent). Discussion was held on bicycle parking at the Shakespeare Theater and the possibility of another canopy on bicycle parking located on Plaza. C. Bicycle Safety Education 'Street Smarts" Distribution: The business Plastic Fantastics is building racks for the distribution of booklet "Street Smarts". Effective C}cling Instructors' Report: Jones stated the first class for effective cycling will be held July 19th, 20th and 24th. The Fire Chief is very supportive on enthusiasm. Fire Department will train their employees. Cost will be $10.50 per person. Discussion was held on additional expenses and how they would be handled. Barlow will contact Police Chief Brown in reference to bike training for the Police Department. Discussion was held on bike lockers in reference to location, style, and use. Discussion was held on what the $4,000.00 budgeted amount could be spent on. Discussion was held on placement of bike racks and whether they need to be sheltered parking. D. Bicycle Commute Week Evaluation: Cyclists recommended commute week be held the first week of June or September. Discussion was held on notification through the service clubs and planning earlier. Discussion was held on cyclist passing on the right while in traffic. It was the consensus of the Commission to change the Bicycle Commute week to September. PAGE 2—(c:biikcmiwwu'mry96.Min) _ Thank your: The restaurants and the Interactive.Club at the High School need to be sent thank you letters. E. New State Bicycle and Pedestrian Plan: Hagen stated he has a copy of the new State Bicycle and Pedestrian Plan. There will be a meeting on May 31st, 8:30 - 4:30, Jackson County Public Works Building in White City. Mike Ronldn will be in attendance. F. QIhm Jones stated he was approached by Lynn Tresney in reference to placing bicycling in North Mountain Park. IV. COMMENTS: Commission or Spectators None V. INFORMATIONAL ITEMS: None VI. ADJOURNMENT: k There being no further business the meeting adjourned at 1:40 p.m. p Respectfully submitted, Caralyn usenberry Administrative Secretary Public Works Administration k PAGE 3—(o:bao%Mi0UmX1=ry96-Min) FOREST COMMISSION Regular Meeting ; May 8, 1996 ' Members Present: Bill Robertson; Herschel King; Pete Seda; Melanie ' c Magee; Teri Coppedge; Don Ferguson; Lenny Niemark and Phil Arnold. Staff present: Pam Barlow, Caralyn Dusenberry, Jill McClelland, Sergeant Bianca and Fire Chief Keith Woodley. I. CALL TO ORDER Chairman Robertson called the meeting to order at 7:30 p.m. II. MINUTES OF MEETING: March 13, 1996, April 10th: Minutes were approved as presented to the Commission. III. ITEMS FOR DISCUSSION: A. Interface Contracting: 1. Spring Project Contracting Status: Woodley, Barlow. Barlow stated Nolte, Woodley and herself will meet the next day to work with the contracts. Discussion was held on the locations of the projects that will need to be contracted. 2. Status of survey: Barlow stated a copy of the Service Contract was in the packet. 3. '96 Contracting: Woodley: Woodley stated we have been dissatisfied with the procedure in contracting. Nolte recommended that a path be taken similar to the wetlands project. Woodley has prepared a draft and will meet with Nolte to review this document. It is impossible to contract the work we have to do by limiting it to the $25,000. The community has allotted $100,000 for work that needs to be done. To do small contracts with small pieces of work is not feasible. The criteria will be specific. Discussion was held on Marty Main and the type of work that he and his crew will do. Other work, such as abstraction, would be done by a sub- PAGE 1-(-*-rtVmi ,\-Ywmw contractor. The burning would also be completed by a sub-contractor. Seda asked who would be supervising. Woodley stated Main would be subject to the staff. 4. Status of Job Council Program: McClelland stated that the County expects to have a decision made by the middle of the month on the OICC Grant. GWEB was also in the grant program. Discussion was held on reports that would need to be prepared by Main on work during the project that he had completed. These reports will be given to the Commission. The inspection of the work will be done by the committee that reviewed the projects. Inspection will be made before payment will is made. Coppedge stated her concerns are the inspections. Will inspections at the end of each phase be adequate? Barlow stated the trees to be fell will be dead and dying. Robertson asked Commission if individuals would be interested in reviewing the project after each phase of work was completed. Following each phase would be a good time to see what has been done. Discussion was held on the location of the projects. If a before and after review is desired then now would be the time to review the proposed project. Magee stated she has prepared a monitoring and review process for the Commission and would like them to adopt this process. She feels this is very important. Seda stated he would like to send a letter of appreciation to persons working with the staff in preparing the project for contracting. Seda moved to send letters of appreciation to the persons that worked on this project. Coppedge seconded the motion. Motion approved. Robertson requested the secretary to put the letter together. B. _ . Project Review/Action Plans: 1. Recreation - Public Access Issues, Coppedge: Coppedge stated she wanted to have better public access to Siskiyou Mountain Park. McFarland, Mickelson and herself made a field trip around various areas, identified property owners that they will be dealing with. There is an agreement with Dr. Maurer and his neighbors to have access along the edge of their properties. Mickelson will be discussing this with property owners. She thinks that looking at the names of property owners that we have real good possibilities of getting better access from town. Woodley stated they received several calls in reference to the Winburn Camp burn. Woodley stated the USFS has never had a fire get out of control because of the restriction on issuing permits. PAGE 2-t.:ro«ea\mi.�=Ywmin> h :t;{9;FES,iFta�t:,. :i,3�'u+j•;-�r�':�:, Barlow stated Neihaus has volunteered to work on Alice trail, he has worked on helping locate White Rabbit Trail. They would like to start working on this project. New property owners in the area, Barlow feels, will be more workable than originally anticipated. She recommended the Alice in Wonderland Trail needs to begin soon. Discussion was held on fire in this area. There is severe erosion where the hikers/bikers are going around and this needs to be addressed. Coppedge stated the City Council approved the Cottle property as additional park land. 2. Public Relations -Activities: Magee stated she has not attended several meeting. She is an intern at SOSC and studying public relations. She stated the Commission has worked hard on the plan (prescription) and she feels the public needs to know, and has the right, to know what the Commission is and has been doing. Magee distributed a proposed "Relations Plan". The purpose is to get the people emotionally involved. She reviewed the plan for a public relations process. (See attached.) King stated that the proposed plan needs to be adopted by the Commission. The main purpose is because the public is going to want to know about the $100,000 and also the smoke from the prescribed fuel burning. Discussion was held on the air quality from a project like this one. Ferguson stated that no air quality has been violated. King stated the trade-off of the Watershed needs to be logically demonstrated. Robertson stated the plan looks like a lot of work and he reviewed the possible jobs. Magee stated she is proposing to volunteer 25 hours to the project, the amount of time she has left in her internship. She listed those items that she would be willing to work on. Arnold stated the problem is no matter how interesting the subject, it is trying to get the public to want to become educated. He recommended we look at the plan in two stages. The first two points, news release, and guest opinion, is trying to generate interest. The work is to generate interest. Arnold stated it is hard to do and when something is really bothersome. An example is for the public to begin thinking about the high fire danger. Ferguson stated he met with Magee and he felt something broader needed to be done. Arnold moved that the plan be adopted with the understanding that the Commission is going to start out with Melanie's investment of the next 25 hours being focused on Media contacts and guest opinions and after this initial part then the plan would be re-evaluated as to how this could be implemented. Niemark seconded motion. After discussion motion approved. Arnold requested the Commission thank Magee for her hard work. Barlow stated there is an agreement with property owner Bill Epstein to not promote the Toothpick Trail. It would be allowed to be used if not promoted. Niemark stated he had names to contact for media. PAGE 3-(clt \.&ut \m y%.Min) 3. Other. C. Commission Membership: 1. Modified Resolution - Status: The City Council passed the Resolution reducing the quorum to four members. 2. Membership/Renewals: (May) Seda volunteered to write thank you letters to those Commissioners no longer involved with the Forest Commission. _ D-------Video Tapes Video Library: Bring Tapes to return. circulate: Discussion was held on video tapes that are available. E. Other: a F. Next Hike: Barlow stated she has a modification for the hike originally planned. The modification will allow the Commission to visit the proposed burn site. This would take them into the Watershed, past the Water Treatment Plant. Bill Rose, USFS, has agreed to guide the Commission on this hike. Discussion was held on the date hike should be taken. Following discussion Robertson moved the hike take place Friday, June 21st, 8:00 a.m. Niemark seconded motion. Discussion was held on Commission bringing mountain bikes and to meet in the last parking lot in Lithia Park, located south of swimming hole, no later than 7:30 a.m. Motion approved. IV. Review/Set Commission Calendar: V. Other Business: VI. Adjourn: There being no further business the meeting adjourned at 9:00 p.m. Respectfully submitted, aralyn usenberry Admini trative Secretary I PAGE 4-tc:i0a.Qmma \=Y%.MW ASHLAND AIRPORT COMMISSION Regular Meeting May 1, 1996 Members present: Alan DeBoer; Marty Jacobson; Laura Craven; Paul Mace; Linda Katzen; and John Yeamans. Mayor Golden arrived at 12:40 p.m. Staff present: Pam Barlow and Caralyn Dusenberry I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS The meeting was called to order at 12 noon by Chairman Linda Katzen. IL APPROVAL OF MINUTES: Wednesday, March 6th, 1996 Mace moved approval of the March 6th minutes. DeBoer seconded motion. Motion Approved. Yeamans moved Alan DeBoer be elected Chairman of the Airport Commission and Marty Jacobson Vice-Chairman. Katzen seconded motion. Motion approved. III. OLD BUSINESS: A. Land Leases: Bid Opening for 2 CAP Hangar Area Sites: Barlow stated two gentleman are working on plans for construction of new hangars on the two sites designated through the Lottery Drawing. Lease agreements for Merril Berg and Matthew Given have been prepared and are awaiting their signatures. B. Commercial Lease Area/Storm Drains: Staff: No update on the Commercial Lease. The storm drain work is to be completed this summer. C. Maintenance Issues: Staff: Barlow reminded the Street Division of the up coming Airport Appreciation Day and the street sweeping that is needed. --Hangar Numbering: Jacobson: The hangar numbering has been completed. DeBoer thanked Jacobson for volunteering and completing this job. PAGE 1-(c:.4\minu \n y.90 --Clean Up: The herbicides have been sprayed on the runways and taxiway. Discussion was held on the Parks Department doing the landscaping maintenance approximately a week to 10 days before Airport Appreciation Day. DeBoer stated he and Bob Skinner are reviewing improvement plans and bids he received. A bid in the amount of $32,000 was received from Burl Brim Excavation, Inc. Other bids received were for paving and are in the amounts of $830.00 to asphalt a square area, $1,086 for a triangular area; $2,956 for an area that cars park at the end of the hangars; and $4,763 for other location. DeBoer stated the new hangar owners would be donating $2,000 each for the waiver of installing sprinklers in the newly constructed hangars and these funds could be used for the paving projects. D. Collect Names of Hangar Door Repair Persons: Commission: DeBoer stated a company called Industrial Door Hangars, Inc., viewed the maintenance shop hangar door for repair. Staff was requested to telephone them at this number 664-5555. Discussion was held on waiving the inside sprinkler systems for the two hangars to be constructed. The lease proposal has addressed this issue. Yeamans stated the missing man door in the paint shop has not been completed. Jacobson stated that he is going to place the door as soon as he has time available. E. Review of Safety Reports -- Skinner: Skinner was not present. u IV. NEW BUSINESS: fI' A. Stritzke/Vandenbosch: County Planning Action: Barlow discussed the overhead showing proposed placement of a newly constructed home. Parcel is located on East Main in the Exclusive Farm Use (EFU) zoned land, with the proposed building site approximately 300' from the runway center line. Comparing location of construction site with the Airport Master Plan noise contours, the building is located close to the edge of the 60 decibels level which is moderately incompatible with residential land uses. Discussion was held on decibel level of noise for this area. Discussion was held on the location. Mace stated the area is below the grade of the runway. Barlow recommended the location be turned down by the Commission and recommended the location next to East Main as an alternative site O.K.'d by the Airport Commission. Barlow stated Oregon Aeronautics is reviewing the proposed building site. Discussion was held on transitioning the EFU Zone to Residential and how this is very detrimental to the Airport. Only property with existing residents in an EFU Zone can currently build on their property. Mace moved PAGE I that staff be directed to inform the Jackson County Planning Commission that the Ashland Airport Commission is opposed to proposed building sites in this area. Katzen seconded motion. . Yeamans amended the motion by adding that the Planning Commission consider that the proposed building site is within 300' of the center of the Airport runway and that the noise level is at 60 on the noise contour map. Craven seconded the amendment. Both motions were approved. B. Rp.Rgrt from the Ashland Airport Association (President Clark Hamilton, V.P. John Yeamans): Clark stated that Airport Appreciation Day festivities are proceeding. An issue in reference to a new regulation, only commercially licensed pilots are allowed to perform flights for fees, in reference to Airport Appreciation Day was brought to the attention of the Association by Al Alsing. Clark checked the issue out in its entirety and he was told to review a specific section of the code. Discussion was held on this issue and it was the consensus of the Commission that this section of the code did not include the Airport Appreciation Day's activities. Clark stated he is also of the opinion that there is nothing in the code that affects this activity. The Commission requested that all the participants be checked to make sure their license is current. There will be a list made consisting of all aircraft that will be in use at the Airport Appreciation Day activities. The basic flight plan has been agreed. The food is taken care of and Mace will donate the use of his trailer. Barlow stated a blurb in the Utility billing was printed and sent out by the City. Pre-event radio coverage is still anticipated. DeBoer stated he would take care of the public announcement. The CAP cadets have been contacted and they will be handling the parking again this year. Yeamans stated that an enforcement of the code states that flying for this activity is considered logged time. If plane and fuel are donated it is in compliance with the code. Also, flyers need to be checked to make sure their medical is current. C. Airport Commissioner Term Expirations/Recruitment: Discussion was held on appointments to the Commission. D. Other: V. AIRPORT MANAGER REPORT/17130 REPORT: A. Status of Airport--Skinner: Barlow stated there is a small surge in hangar turnover. Almquist moved out. Knowles moved out also. DeBoer stated it has been 10 years since there has been any significant turn over and recently five tenants moved. B. Financial Report: FBO/Maintenance Service--Skinner: DeBoer commented that income was up substantially. PAGE 3-(c:a4\miuutes\m+y.96 Any Additional Feedback on Budget: Commissioners (PW Budget Committee Review: April 1): DeBoer stated the Commission would like to continue seeing the financial report. VI. INFORMATIONAL ITEMS: DeBoer stated the overhead cost from the City for the Airport has been increased substantially in the 1996-97 Budget. Central Services was increased from $11,000 to $18,000. Discussion was held on the next Budget meeting. The last opportunity to give input into the Budget is at the hearing held before City Council adopts the Budget. A copy of Jackson County's Airport Lease was distributed to the Commission. DeBoer recommended rates be placed on the next agenda. Mace asked if premium was going to continue to be charged. DeBoer asked the Commission members to do research, on their own, of other airports rates, including T-Hangars, and report back at the next Commission meeting. Katzen announced the next Chamber of Commerce meeting will be held at the Airport. The Commission thanked Katzen for the great job she did serving as Chairman of the Ashland Airport Commission. VII. ADJOURN: DeBoer adjourned the meeting at 12:50 p.m. 7pectfu'ly bmitted Carat n usenbe Y nY Administrative Secretary Public Works Administration PAGE 4—(o:.up�uw�m.r96) ASHLAND AIRPORT COMMISSION Regular Meeting June 5, 1996 Members present: Alan DeBoer; Marty Jacobson; Bill Stillman; Laura Craven; Paul Mace; Linda Katzen; and John Yeamans. Staff present: Pam Barlow and Caralyn Dusenberry I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS The meeting was called to order at 12 noon by Chairman Alan DeBoer. II. APPROVAL OF MINUTES: Wednesday, May 1st, 1996 DeBoer stated the minutes were accepted as filed. III. OLD BUSINESS: A. Land Leases: New State Rate Survey, Staff: Barlow stated the rates from around the State are on a table in the Commissioner's packet. Discussion was held on the table of rates. Barlow recommended a sub-committee be formed to work with the newly appointed Public Works Director and prepare a recommendation for the July meeting. DeBoer asked Barlow to have the new rates at the next Commission meeting for their review. The rate of concern is for the Commercial land leases. At this point there are no tenants. In general it looks like an 18-24 cent range is the increase (per square foot per year). B. Commercial Lease Area/Storm Drains: Staff: Acting Public Works Director Jim Olson was attending a DEQ meeting in Medford and was not present. He asked staff to report to the Commission that the storm drains would not be placed until after the Street Department's paving season. They are expected to begin construction in August. C. Maintenance Issues: Staff-, Barlow stated the maintenance issue of concern is Steve Greene's hangar door which has frayed cables. Marty is working on the personal door. Discussion was held on how the City makes these repairs. DeBoer recommended a specific business be contacted to repair Greene's hangar door and at the same time place PAGE 1—(o:.irplmmuw�jwc96.Min) the personal door. These expenditures will be charged to the Airport Budget. It was the consensus of the Commission that this be taken care of as soon as possible because of the danger. Yeaman stated there are still problems with the Maintenance Building doors. DeBoer stated the same company will be asked to address these doors also. D. Review of Safety Reports - Skinner: Skinner stated everyone received a copy of the report in their packet. The weed control is a little out of hand. The biggest problem is the ramp. Skinner stated they have been out and done a good job in the other areas but the little spots need to be taken care of. Skinner stated Airport Appreciation Day was a big success. The work that was put into it has made it a safe and well organized event. Yeamans stated there is a wash-out or sink hole in the pavement. This needs to be looked into as soon as possible because it is a hazard. The hole is located in the center of the apron off of the parking area. Jim Olson needs to look at this area and make a decision as to repair. Glen Ward stated concerns of safety due to an incident on the runway he observed and tried to help. He recommended wheel fire bottles be obtained from the Air Force. Discussion was held on government surplus and the City's capability to purchase. Yeamans asked if the Fire Departments comprehensive plan included the Airport. Barlow recommended talking to Don Paul. Mace recommended Woodley or Paul be contacted about obtaining fire bottles for the Airport. Discussion was held on fire safety. IV. NEW BUSINESS: A. OR SB 1113 - Staff: Barlow stated there are complexities with Oregon's Senate Bill 1113. She called Tom Hyland at OAA. She stated sections 6 and 9 are most relevant. Six refers to ODOT and LCDC setting planning rules for areas adjacent to Airports. Review is scheduled by the State Transportation Commission for June 6th. A copy of the Senate Bill was in the Commission packets. Discussion was held on changing the decibels. Mace asked that the Commission be notified as to the out come of the Commission meeting so that they may respond. B. Report from the Ashland Airport Association (President Clark Hamilton. V.P. John Yeamans),: Hamilton stated 175 people were given rides at Airport Appreciation Day which is up from the 136 rides for the previous year. Flights were up from 44 to 59. There was a rain shower at noon but it was good. Gross income was in the area of $1400 and they netted approximately $1200. Al Alsing recommended Pat Henry and the Ashland Chamber be sent letters of thanks. There are 150 members of the Association. Yeamans stated there was good press for the Airport PAGE 2-(c:airp%miam %ju=%.Min) G ASHLAND TRAFFIC SAFETY COMMISSION Thursday, April 25, 1996 Regular Meeting NO PARKING MEMBERS PRESENT: Councilor Don Laws; Walter Schraub; Susan Beardsley; Ken Hagen; Joanne Navickas and Christine Schumacher. Staff present: Ray Smith; Caralyn Dusenberry; Pam Barlow; and Officer Brent Jensen. I. Call to Order: 7:30 p.m., City Council Chamber: Chairman Laws called the meeting to order at 7:15 p.m. II. Approval of Minutes: March 14, 1996: Laws stated the minutes would stand as presented to the Commission. III. Items For Discussion: A. Public Forum: None B. SOSC' Add Parking. E. Side of Wightman Street at New Housing: Barlow stated SOSC has proposed new housing development on located East side of Wightman. She displayed a diagram on the overhead screen. Discussion was held on the width of the streets and sidewalks located in the area. Current street width will hold two lanes with parking on both sides and a bikeway lane. Barlow stated the Bike Commissions concern was traffic calming. There are several children expected to be living in the area. Another concern was possible changes would that may occur at Quincy and Wightman. The Commission felt neutral as to taking off, or leaving parking, on the street. Wayne Schumacher, representative from SOSC, stated there is adequate parking in the parking lot for the building. One problem, most of the residents will want to park near their front door. There are 36 units and 26 will have three and four bedrooms. Schumacher stated safety is SOSC's main concern. Beardsley asked the number of parking spots and Schumacher stated there are 60 parking spaces. Discussion PAGE was held on bicycles previous use of current lanes. Another possible issue is the realignment of Indiana to Wightman and what affect this may have on the complex. Officer Jensen stated there is more traffic on California Street than there is on Wightman. Schumacher reviewed the site plan with the Commission. Discussion was held on the placement of crosswalk(s). Schumacher moved that parking be allowed on both sides of the street with a 20' "No Parking" strip at crosswalk. Schraub seconded motion. Schumacher stated the "bump out" was not discussed. Two catch basins are also in the area of the proposed crosswalk. Barlow stated for clarity we are looking at "No Parking" be placed in the area of 20 feet on both sides of the crosswalks at both locations. Laws asked if there were any other discussions with bump-outs. Motion approved. C. Change of Ownership: Lithia Carriage Co. to The Carriage Company: Keith Kelly requested a change of ownership for Lithia Carriage Company. The new name would be The Carriage Company. Kelly stated he is from California and has operated a carriage for many years. He has made the decision to operate the local Lithia Carriage Company. He owns one six passenger carriage and two one seaters. His plan is to continue offering rides from the Plaza up through Lithia Park. Wedding services would also be offered. He does not anticipate any change in impact on streets or safety. Barlow stated the process is that the Traffic Safety Commission looks over the permit for this business. After discussion the Traffic Safety Commission agreed to the permit transfer. Permit will go before the City Council for approval of increase in size of larger carriage. D. Reverse "No Parking to Opposite side of Wimer at 248 Wimer: Barlow stated Mr. Vaziri, resident at 248 Wimer Street, is in the process of building a new home. His concerns are traffic parking on the same side of the street that his home is located. Barlow displayed an overhead map showing the area and explained the layout in reference to sidewalks, fences, etc. The request is to shift the "No Parking" from the north side to the south side of the street. Currently there is "No Parking" from scenic to Knob Hill. Vaziri stated his home is the only home that is twenty to fifteen feet from the curb. Discussion was held on the location of the Vaziri home, garages, and gate entrances. Laws stated his concern is notification of the property owners in reference to changing the "No Parking" to the other side of the street and the affect it may have on those residents. After discussion Hagen moved that the parking be changed from the south side of the street, between Scenic and Chestnut, and that all owners be notified and flyers be distributed at the apartment complex. Schumacher seconded motion. Motion approved. E. Alley at Post Office: Traffic Calming Plan Presentation: City Engineer Tech Ray Smith presented a map showing a proposed traffic calming plan for the Post Office alley as requested by the Commission. Discussion was held on the proposed drawing. After discussion Schraub moved PAGE 2-<c:"rmi.m writ mw the proposed plan be approved. Beardsley;seconded motion. Motion approved. F. Handicap Parking Space Requests: Barlow stated a resident with a handicap child that she transports by car to school has requested a handicap parking space be placed at the Waldorf School. Headwaters will be moving to the same site this fall and they will also need a handicap space. Barlow gave the requirements on placement of a handicap space. Barlow will contact Waldorf School and discuss this issue. A Dewey Street resident has requested a handicap space be placed at his residence. This resident currently has a ramp built that goes into the street. Barlow recommended the handicap space be approved with the contingency that the ramp location be changed and not be a hazard. There is no sidewalk on Dewey Street to load a wheel chair from. Laws requested this issue be addressed at a later date. The Bridge Club has asked that another handicap space be placed at the Community Center. Smith stated there was room to place another handicap ramp at this location. Laws stated it is the consensus of the Commission to approve the additional handicap space at the Community Center. G. NurseU and Rock Streets: Yield/Vision Clearance: A request for a "Yield" sign to be located at Rock and Coolidge was received. Barlow stated this area does not meet`the warrants for a "Yield" sign. Susie Munson was the requester. Hagen moved the request be denied. Motion died for lack of a second. H. Report from the Crosswalk Awareness Week Subcommittee: Barlow stated the Subcommittee met before the meeting. They prepared interview material for "Sneak Preview". Letter will updated and sent to Editor of the Tidings. This will also be in the June Utility Billing as an insert. The public service announcement is also being looked into. A Town Hall meeting was also discussed. I. Officer Jensen: "Reduced Speed Ahead" Signing, OSFS Signal Issue: Jensen stated they cannot place a "Reduced Speed Ahead" on Oak Street. J. Review of Traffic Requests: Barlow stated there have been several traffic requests added to the list. The old ones will be deleted by the next meeting. PAGE K. Other: A gentleman that lives on Sherman street called and said the change is working. IV. Informational Items: Crosswalk Awareness Week Subcommittee will meet before the next regular meeting at 6:00 p.m. in the Jury Room. V. Adjourn: The meeting adjourned at 9:00 p.m. R pectfully ubmitted, Caraly Dusenberry Administrative Secretary Public Works Administration PAGE 4-(c:md\minutaw i .mi-) i ASHLAND TRAFFIC SAFETY COMMISSION Thursday, May 23, 1996 Regular Meeting NO PARKING MEMBERS PRESENT: Councilor Don Laws; Susan Beardsley; Ken Hagen; Joanne Navickas; and Christine Schumacher. Staff present: Ray Smith; Pam Barlow; and Officer Brent Jensen. I. CALL TO ORDER: 7:00 p.m., Council Chambers: Presentation of Certificate of Appreciation to Commissioner Walt Schraub for 10 years of service to Traffic Safety Commission. Certificate of Appreciation was presented to Walt Schraub for 10 years of service on the Traffic Safety Commission. I. APPROVAL OF MINUTES: April 25, 1996: Discussion was held on Wimer Street parking being approved. It was agreed by all members that this was not agreed upon. III. ITEMS FOR DISCUSSION: A. Public Forum: There was no comment. B. Reverse No Parking to Opposite side of Wimer at 248 Wimer: Engineer Tech Smith presented information on traffic flows, and pedestrian habits. Comments were received from the audience. All participants opposed reversing parking and losing parking. Barlow argued that Commission make the change as per request by property owner at 248 Wimer. It was the consensus of the Commission that the parking remain as it is currently. PAGE C. Stop or Yield on Terrace Pines: Barlow made presentation of placement of "Stop" and "Yield" signs. Bill Walsh and Darlene (?) discussed this issue with Commission. It was the consensus of the Commission that a "Stop" sign with a "Pedestrian/Bikes" warning be placed. Notices will be sent to all residents on Terrace Pines and Commission will make final decision at the next meeting. D. Report from the Crosswalk Awareness Week Subcommittee: Barlow gave report on Crosswalk Awareness Week scheduled for E. Review of Traffic Reouests: i Commission reviewed "Traffic Requests" and no action was recommended. F. Other: Schumacher expressed concerns on article in "Sneak Preview" in reference to Tolman Creek L.I.D. Discussion was held on this subject. IV. INFORMATIONAL ITEMS: Barlow reminded Commission of "Pedestrian and Bikeway Seminar" to be held at the Jackson County Public Works Building, Antelope Road, White City. II V. ADJOURN: The meeting adjourned at 8:30 p.m. spectfully sub fitted, aralyn usenberry Administrative Secretary Public Works Administration PAGE f ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MAY 14, 1996 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m. Other Commissioners present were Armitage, Bingham, Giordano, Bass, Carr, Finkle, and Howe. Staff present were McLaughlin, Molnar, Knox, and Yates. APPROVAL MINUTES AND FINDINGS Jarvis amended the word 'disregard' on page 9 (second to last paragraph) of the April 9, 1996 Regular Meeting Minutes to 'disservice'. Carr moved approval of the Findings and amended Minutes, Giordano seconded the motion and the motion carried. Jarvis moved to approve the Minutes and Findings from the April 9, 1996 Hearings Board. Everyone approved. PUBLIC FORUM ROBERT MCCOY, 160 Orange Avenue, noted in the packet a copy of his letter regarding the subdivision (Daryl Bonin) on Orange. After talking with the Planning Department, there are now huge rocks In the driveway that will prevent cars from driving through the development. Unfortunately there is no one to see the contractor is living up to the conditions of approval. Unless a neighbor is watching, an approval can be violated. Jarvis requested McCoy go to the City Council and ask them to hire a compliance officer. McLaughlin noted one of the Council's goals is code enforcement. Some time after the first of July, a code enforcement officer will be hired. DARYL BONIN, 359 Kearney Street, said he has nothing to do with paving the street. He has been told by Engineering that it will be done. MCLAUGHLIN congratulated Barbara Jarvis for her receipt of the James Ragland Volunteer Service award. Jarvis thanked the Commission for their help and considered them part of that volunteer effort. TYPE II PUBLIC HEARINGS PLANNING ACTION 96-047 REQUEST FOR OUTLINE AND FINAL PLAN APPROVAL OF A SIX-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION 1452 OREGON STREET APPLICANT: EVAN ARCHERD Site Visits and Ex Parte Contacts All Commissioners had a site visit. Giordano stepped down because of a conflict of interest. STAFF REPORT The applicant submitted an alternate site plan showing five lots. The major change is that with five lots, there is no need for density bonus, so the open,space has been removed as well as the public walkway between Windsor and Oregon. There are Findings submitted by the applicant showing why the six lot development would be preferable. Staff has concluded the six lot design is more desirable not only to project residents but beyond the project site to others in the neighborhood who can benefit from open space. Twenty conditions of approval have been attached with the six lot proposal. The applicant has presented the five lots to compare with the six lots. He is asking for approval of the original plan considered with modifications, not five lots. The modifications are Included in the applicant's findings. Howe wondered what kind of open space the Commission should be trying to achieve. Molnar read from 18.88.040(d). The residents should be able to Interact with the open space on a day to day basis. PUBLIC HEARING EVAN ARCHERD, 120 N. Second Street, stated the reasons for continuing to propose sic lots can be found in the applicant's findings dated April 29, 1996. V Howe reiterated that the open space seems to be an amenity to the neighborhood. I Finkle asked Archerd's thoughts about including the mid-street path under the five lot plan. Archerd said In looking at the five lot plan as a whole package, it is less in keeping in every way with development patterns, lot size and all the other issues. Jarvis asked Archerd to confirm what she understands with regard to the open space. What he has done and how the open space is planned meets not only the land use ordinance, but also every request the Commission has had for open space. Archerd confirmed. He read from the ordinance that the purpose of the density bonus or common open space Is to permit areas to be retained in the their natural state 'or' to be developed as a recreational amenity. Jarvis said that In order to deny this application, testimony has to be heard that the open space does not meet the standards in the land use ordinance or that it does not meet any other previous standards that have been set. Armitage asked that a wording be added to the covenants and restrictions to address the preservation and maintenance of the trees in the common area. McLaughlin said a fee could be required to be collected from the property owners. Armitage was bothered by the strip of open space that protects the one especially notable tree located in two front yards. How many times can open space be added to someone's front yard and be called open space? Molnar gave an example of Millpond where the rear yard envelopes were allowed to get much closer because the open space was part of the rear yards. In Oak Knoll, most of the rear yards are within five feet of an open space. This is not unusual to developments in Ashland. Archerd responded they could have moved the path further to the east, but because of the trees, it seems better where it is. Staff is satisfied there is adequate open space and with the density bonus i ASHLAND PI—Mifio COMMISSION 2 REGULAR MEEnNG MINUTES MAY 146 1996 i !'I I calculation 6.1 units would be allowed. The sidewalk will act as a buffer and distinguish between common open space and someone's front yard. DENNIS SMITH relinquished his time to Dorothy Smith. DOROTHY SMITH, 708 Indiana, read her comments Into the record. Jarvis explained that the Commission cannot insist the applicant submit a five lot plan. The applicant has decided to show a five lot plan to show how it could be developed but they do not Intend to submit it for consideration. The Commission will only be considering the six lot plan. At the last meeting there was a tie vote and the applicant was given the opportunity to make adjustments. Procedurally, the Commission has done this in.the past. - Smith expressed frustration at not having the expertise to Interpret the ordinances and she relies on the Commission to hold steadfast to the ordinances that are In place. She believes the applicant did not try to make the five lot plan look as good as the six lot plan. The six lot proposal is not compatible with the neighborhood. Smith believes there is a serious conflict going on with the agent/architect. Jarvis explained, as she did at the previous meeting, that the agent/architect is not present and no one on the Commission is Influenced by Giordano. Smith does not see how the Commission could not be influenced either by his presence, whether he is in the back of the room or sitting beside them. McLaughlin said the applicant is not required to notify the neighbors of the continued hearing. The hearing was continued at last month's meeting and that was the notice of tonight's meeting. The applicant has to submit any new materials to the office seven days prior to the meeting. NICOLE KAPP, 1480 Oregon Street, believes it is a good Idea to protect the trees and she wants to see as little of the lot paved as possible. She likes her neighborhood and would like it preserved. She thinks the smaller lot sizes will significantly change the neighborhood. She is requesting legal easement off the Oregon Street driveway to her home to access the back part of her lot. Carr said there is nothing the Commission can do regarding access. RON CLOW, 701 Indiana, said all his testimony from last month's meeting still pertains to this meeting. It was his recollection that Archerd was told to come back with a five lot plan. The neighbors have been made to feel like criminals in this action. He does not think the Planning Department has been an advocate for the neighborhood. If Archerd is so concerned about the neighborhood, why doesn't he resubmit the five lot plan retaining the open space? The subdivision has not been made to comply with the ordinances. He was excluded from a neighborhood meeting held by the applicant. Armitage stated with reference to Smith's comments regarding last month's meeting that Jarvis would never coerce him into withdrawing a motion if he did not want to. He withdrew the second proposal because the Commission cannot legally meet past 11:00 p.m. in the interest of letting all parties look at the proposal. Jarvis feels mediation would be a better forum than a Planning Commission meeting for resolving community problems. ASHLAND PLANNING COMMISSION - S REGULAR MEETING MINUTES MAY 146 1996 ELUS WILSON, 1475 Windsor Street, still believes there are one too many houses. It is not in keeping with the neighborhood to have that many houses that close together. He Is concerned the public sidewalk may have skateboarders. McLaughlin said they can post the sidewalk prohibiting skateboards and bikes. Staff Resoonse Bingham asked If the Commission approved a five lot proposal, can they require a pedestrian walkway? McLaughlin said a finding would have to be made that the pedestrian traffic generated by this project was significant enough to require a connected walkway. The walkway would alleviate the impact caused by these lots, but the walkway could not be required to be public. It would be a private walkway. The only way to restrict the size of the building envelopes would be If some natural feature needed to be preserved. Molnar added that Condition 18 addresses lot coverage. Bingham asked about the nature of the'infill policy'. McLaughlin said in the urbanization goal (Chapter 12 of Comprehensive Plan), it states the city of Ashland's goal is to maintain a compact urban forum. Other goals and policies are in the housing element. Rebuttal ARCHERD said his proposal at the last meeting was not denied. The vote was a tie. He has returned this month showing why a five lot plan Is Inferior to the six lot plan. There is an underlying thread of testimony that the ordinances are being violated. Archerd is comply with the Performance Standards Ordinance. They held a second neighborhood meeting. They did not specifically exclude anyone. He pp Invited those neighbors adjacent to the project and thought a smaller group could accomplish more. 4' He has clearly shown previously and tonight that open space has been provided. This open space meets the criteria and the same criteria has applied to numerous other subdivisions In Ashland. Trees are being used Instead of creek areas. The area will provide a natural area and visual amenity. Secondly, the code requirements have been met either within the plan or by conditions imposed by 6 Staff. COMMISSIONERS DISCUSSION AND MOTION I Armitage was concerned about the calculation of open space at the last meeting but he believes the requirement has been met and that all ordinances have been met. The six lots proposed are not out of character with the rest of the neighborhood. Bingham agreed with Armitage with regard to open space. He disagreed that six lots are compatible. This will be a block in transition. By the time you take the open space away, you will see large houses on small lots. Bass continues to support the project He believes the City gets a better project overall with public access with the six lots and the amenities that come with it than with five. Whether It has been clearly ASHLAND PLANNING COMMISSION • REGULAR MEETING MINUTES MAY 10.1996 �I stated or not, the State has an infill policy even If Ashland does not By encouraging infill, It is the only possible way to preserve agricultural land, forest land, and other open spaces. Carr is still not certain about open space calculations. She does not believe this particular clustering is In keeping with the property or the neighborhood. Finkle said the only potential conflict with the ordinances would be dally Interaction with the open space. It seems the open space would be used by SOSC students or other pedestrians. Howe explained that the Commission is getting the Performance Standards to do the sort of things they want It to do Instead of cookie cutter development that has little variety and little public amenity. This is something that promotes the community, not just individual lots. The Performance Standards is more flexible zoning so more can be done to become more energy efficient and provide open space. If the Commission does not consider high trees as an amenity, then there won't be many trees. Howe moved to approve PA96-047 as conditioned by Staff.' Bass seconded the motion. Jarvis said the density bonus is infill. If a developer does certain things (energy�efficiency, low cost housing, open space) they get to build more houses. The ordinances are a community decision, not the Planning Commission's. The Commission just makes•sure the ordinances are followed. As Archerd mentioned, creek areas are used all the time for open space and no one has ever questioned ft. However, trees are just as beautiful as creeks and just as usable. There is significant area to be used for sitting and enjoying the open area. Jarvis also noted Condition 20 (six foot fencing). It seems the trees are beautiful and to cut off the view with a fence seems short-sighted. She has never heard the Commission say that a creek should be fenced. After taking a straw vote, the Condition will remain. Finkle expressed his appreciation and respect to the neighbors for their valuable Input through letters and testimony. It is difficult for him to make a decision when there is conflict. The Commission is doing their best to follow the ordinances In Ashland. The motion carried with Armitage, Howe, Jarvis, Bass, Finkle voted 'yes'and Bingham and Carr voted "no'. PLANNING ACTION 96-068 REVOCATION HEARING TO REVIEW VIOLATIONS OF CONDITIONS OF APPROVAL FOR FINAL PLAN (PLANNING ACTION 93-121) APPROVAL GRANTED IN JUNE OF 1994 FOR A FOUR-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED TO THE WEST OF THE CUL-DE-SAC OF IVY LANE. Site Visits and Ex Parte Contacts Site visits were made by all. -.Bingham saw Welles and he offered to answer Bingham's question. —Armitage said Wailes called him at work and they talked of nothing substantive. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES MAY K 1996 - Jarvis had an ex pane communication from Ted Mularz. Jarvis was unaware there was a revocation happening because she thought there was an approval on the project. She walked through the property with Dana Wilson, but there was no communication. STAFF REPORT There has been a considerable history with this property, in particular with the sensitivity of the property, due to its steepness and the density of trees. At the last application it was brought to the Commission's attention that the arborist that prepared the original tree management plan for the site had resigned (Pete Sada). Concerns were raised by the Commission about who would oversee the tree management plan. This is a revocation hearing to analyze the potential violation of conditions of approval for the project. There are specific conditions stating what format should have been used when trees were removed in conjunction with subdivision improvements. Basically, there was to be a site visit by Staff, the arborist and the applicant, then the arbodst would mark trees to be removed in conjunction with the road Improvement, and written authorization where that removal would be granted. That was conducted Initially, but about a month ago when the applicant came close to doing the subdivision improvements and initial grading of the road, Staff received notification from him that additional trees needed to be removed that were not agreed upon. Staff contacted the applicant by letter stating the same procedure . would have to be conducted. Unfortunately, the applicant proceeded and removed the trees prior to what was required by the condition in the findings by the Planning Commission. Shortly after, it was brought to Staff's attention that the project arbodst had resigned from the project because of apparent philosophical differences of how the site should be managed. C The intent of this proceeding is not necessarily to seek revocation of the subdivision but to obtain assurance from the applicant in conjunction with the general contractor, engineer, and arborist that the conditions and tree management plans that were filed and made part of the record will be followed and get the proposal back on track. There are two main concerns: overall tree protection on the site and assurance that there Is coordination between the parties that the tree plan will be followed. Three conditions have been proposed as a starting point. P Jarvis said there are two points to consider. If a condition of approval has been violated (18.12), and Welles has admitted there has been a violation, instruct Staff to have Welles cited for the violation and referred to Municipal Court. Second, decide if revocation or not—the permit may be revoked but that is r discretionary. Howe wondered If to Staff's knowledge trees have been removed beyond the cut and fill boundaries. Molnar said the trees that have been removed are in conjunction with the engineered design presented to the Engineering Department. One question Is whether the design was coordinated or developed by the engineer or the arborist. Howe said that If someone had cut down a whole forest for a road, it would be one thing, but if the trees cut are actually the extent of the cut and fill, is the revocation of the permit recommended? McLaughlin said that will be what the Commission needs to decide. Since the process was not followed, it is not known how many more trees could have been preserved. It is possible that what has been cut is what would have been approved, however, the City was never given an opportunity to review the trees prior to removal. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES MAY 14,1996 t Jarvis asked If there was a better design suggested for the street or was there an opportunity for suggestions. McLaughlin said the arborist was not involved with the engineer with that part of the design and in marking the trees after the slope stakes were established and determining If there were ways to preserve any trees within that area. The City reviewed the approval of the design of the road, but they were not Involved in the tree management plan. Molnar said Staff walked the site with the arborist and Welles and the centerline of the road was staked. The road is approximately 20 feet in width. They all agreed on most likely which trees would need to be removed. At that time, it was probably unclear to the arborist how much was going to be fill and what other trees could be jeopardized. It was assumed after that walk that the Information taken from the site by the arborlst would be taken to the engineer and he would coordinate the cross-section drawings with the arborist. Giordano thought It was a flaw on the part of the Commission not to get a design professional Involved with this project. Molnar showed an overhead indicating the cut and fill. Howe suggested changing the wording on Staffs condition 2 by eliminating first sentence. PUBLIC HEARING RAD WELLES, noted his letter dated May 14, 1996. He discussed with the engineers all the possibilities of what should be done before a road design was created. The alternative they chose will allow plants to grow on the entire bank. There are lots of dead trees. No trees have been Impinged upon by anything he did. What he did in not wafting to go through the process was wrong. He cut down trees that he did not have authority to cut down. They made sure they were not cutting down any trees not required in the plan. CARR MOVED TO CONTINUE TO 10:30 P.M.. HOWE SECONDED AND EVERYONE APPROVED. Welles was trying to speed up the procedure because he had someone there to do construction and he wanted to get the City to come up and look at the trees. Howe mentioned having seen U-shaped blocks with hollow centers for planting on steep walls. Has he considered these type of construction techniques? Welles said he had considered but the cost would be about $200,000. The cost per lot would be prohibitive. Jarvis reminded Welles that the Commission made restrictions on this subdivision that were very firm so If any work happened, it was to be coordinated with an arborist. She recalled Sada quit because of what had gone on. It appears that Welles has done precisely what he Intended to do and here we are and what are we going to do now? Once the trees are gone, no one can make them come back. The option of another road design is no longer left to the Commission. The restrictions were Imposed to avoid precisely this type of hearing. What security does the Commission have that what he is telling them is true? Considering the history of what has happened, how can the Commission be assured in the future they won't be sitting here again with the same problem? AS and PLANNING COMMISSION - 7 REGULAR MEETING MINUTES MAY 14,1996 Welles said he made sure nothing was done to the trees outside the area where the trees could be saved. He does not think his error expressed any lack of concern for preservation of all the trees that could be preserved. Jarvis wondered what Welles would suggest so It would work for everyone. The conditions Imposed are very Important, not just to the Commission but the city as a whole. Welles thought the only way to enforce would be through a penalty provision. PHIL FRAZEE received a professional trade journal and asked It be included in the record. There is an article that might help the City move forward In this process. Giordano asked Frazee what happened when he submitted the letter asking not be involved In the project and why did he get Involved later. Frazee was initially Involved last year. After a group of low Impact trees were tagged, approved and removed properly, Frazee was paid and he was contacted about moving ahead on the project and he did not have the time to respond. Then he became available. He has tried to keep In touch with all parties. It would have worked out better if the site could have been walked together with a City engineer and planner, the developer's engineer, and arborist. He has had a difficult time with the process because everyone needs to be in the loop. The City needs someone In a neutral position that is just Interested In the trees. CARR MOVED TO CONTINUE THE MEETING UNTIL 11:00 P.M. THE MOTION WAS SECONDED AND APPROVED. Armitage asked Frazee If any trees were cut that did not have to be cut to build the road on the centerline. Frazee responded that he did not think so. He cannot say absolutely without a doubt, but Mtlp he doesn't think so. Frazee noted he has a contract with Welles. MIKE THORNTON, Thornton Engineering, 670 Superior Court, Medford, OR, said the delineation of trees to be removed was done without proper delineation of what the boundaries of the cut and fill areas would be. When those trees and apparently additional trees were removed, the extent of the excavation slope stakes created a wide swath which is disturbing, but necessary for the design which was approved by the City. Had the slope stakes been delineated prior to the marking of trees, there would not have been the concern. Thornton has worked on the project for about a year and a half. It was his assumption that his plans and draft plans had been reviewed and approved by the arborist. During the seven or eight months that lapsed, there was never any objection to this design and he assumed everyone had reviewed and approved it. Giordano asked If Thornton knew he was to coordinate with the arborist as a condition of Welles' approval? It was Thornton's understanding that the plans were being reviewed and approved by the arborist and Welles acting as the hub for project. Staff Rest Staff said If it appears there has been a violation of conditions, a citation can be prepared. Jarvis said a fine of up to $500 can be Imposed. Armitage said since no trees were removed that were outside the cut and fill boundaries, he does not believe taking up the court's time would be worth it. He would ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES MAY 1!,1996 suggest the applicant follow the additional conditions suggested by Staff and that there would be no additional trees cut except those that have been approved. Howe agreed. Bingham said there is a clear history of problems with this site and the applicant. He believes it could be demonstrated in a court that there has been a willful disregard for the conditions of approval. But, If the Commission can get assurance from Welles tonight, perhaps going to court will not be necessary. Giordano feels there was a violation of Condition 15. There was no time required from Staff for written approval. In the future, perhaps written approval should occur within 10 days. Bass wondered If the City has the authority to hire an arbodst. McLaughlin thought it would be an option If it was paid for by the developer. This could be done Instead of revocation. Jarvis asked for a bond to hire someone to help oversee the project. Carr moved not to revoke as per Staff's three conditions In the Staff Report and that an independent coordinator be hired (under approval of the Planning Director), If necessary, at the applicant's expense to make sure all the conditions are met. Armitage seconded the motion. Armitage asked that the engineer meet with the City and work out Condition 2 so it is to the satisfaction of the engineer and Planning Department. The motion carried unanimously. ADJOURNMENT The meeting adjourned at 11:00 p.m. ASHLAND PLANNING COMMISSION 9 REGULAR LLEEnNG MINUTES MAY A 1996 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 14, 1996 CALL T�ER The meeting was called to order at 1:35 P.M. by Tom Giordano. Other Commissioners present were Finkle and Howe. Staff present were Molnar, Knox, Madding and Yates. TYPE I PLANNING ACTIONS PLANNING ACTION 96-051 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 10,000 SQUARE FOOT WAREHOUSE/OFFICE BUILDING 600 MISTLETOE ROAD APPLICANT: TOM HAMLIN/JOHN KRUESI This action was approved. PLANNING ACTION 96-054 REQUEST FOR A BOUNDARY LINE ADJUSTMENT AND MODIFICATION OF A FLAG DRIVE. FLAG DRIVE TO BE RELOCATED WITH THE ACCESS FROM PEA CHEY ROAD. 1000, 1052, AND 1050 PARADISE LANE This action was approved. PLANNING ACTION 96-055 REQUEST FOR A SITE REVIEW FOR A FOUR-PLEX 430 CHESTNUT APPLICANT: JON &TERRY TURRELL This action was approved. PLANNING ACTION 96-056 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 4,000 SQUARE FOOT OFFICE/WAREHOUSE BUILDING LOT 6 BENSON WAY APPLICANT: BURL BRIM Make sure the applicant knows an irrigation plan is required. This action was approved. PLANNING ACTION 96-057 REQUEST FOR A FINAL PLAN MODIFICATION OF DENSITY CALCULATIONS FOR PLANNING ACTION 96008, MOUNTAIN CREEK ESTATES (FORMERLY MOUNTAIN VISTA SUBDIVISION) LOCATED AT SOUTHWEST CORNER OF HERSEY STREET AND NORTH MOUNTAIN AVENUE INTERSECTION APPLICANT: EASTFIELD CORPORATION This action was approved. PLANNING ACTION 96-060 REQUEST FOR FINAL PLAN APPROVAL OF A 43-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED BETWEEN MUNSON DRIVE (TO THE EAST) AND NORTH MOUNTAIN (TO THE WEST). APPLICANT: DOUG NEUMAN This action was approved. PLANNING ACTION 96-061 REQUEST FOR A SITE REVIEW AND CONDITIONAL USE PERMIT TO BUILD A 277 SQUARE FOOT ADDITION TO THE EXISTING MEDICAL OFFICE 512 N. MAIN STREET APPLICANT: DR. SCOTT YOUNG This action was approved. PLANNING ACTION 96-062 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS LOCATED AT 937 OAK STREET WITH THE REAR PARCEL TO BE ACCESSED BY WAY OF A FLAG DRIVE FROM OAK STREET APPLICANT: JEFF GOLDEN This action was approved. PLANNING ACTION 96-043 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS. VARIANCE IS ALSO BEING REQUESTED TO CREATE A LOT WIDER THAN IT IS DEEP WITH ACCESS FROM TERRACE STREET 304 RIDGE ROAD APPLICANT: DOROTHY BUSCH This action was approved. ADJOURNMENT The meeting was adjourned at 2:40 p.m. �1 ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES I. MAY 14,1996 L I' Emor art dum June 7, 1996 Mayor and City Council Aram: James H. Olson, Acting Public Works Director pJjbjprt: May Monthly Report Attached are the detailed reports from Fleet Maintenance, Street, Water Quality and Engineering Divisions: ACTIVITY SUMMARY AND COMPARISON Activity 05196 05195 05190 Equipment work Orders 109 97 80 Miles of Street Swept 520 520 378 Water Meters/Services (new & 38 10 47 replaced) Utility Locates 118 98 75 Drinking Water Treated 98 MG* 85 MG* 118 MG* Wastewater Treated 58 MG* 63 MG* 58 MG* Sewer Cleaned 4,390' 64,991' 21,847' Sewer Inspected with Television 3,700' ' 0** Engineering Active Projects 35 14 23 Engineering 5 10 5 Subdivisions/Partitions Engineering Permits Issued 38 26 9 * Million Gallons ** Not an activity this year cc: Public Works Supervisor (o:lprv�mmrcp9s.May) ...:'asz. ENGINEERING DIVISION MONTHLY REPORT Alay, 1996 1. Issued 24 Street Excavation permits. 2. Issued 1 Miscellaneous Construction permit with 10 inspections. 3. Issued 6 Address Change or Assignment forms. 4. Responded to 13 Certificates of Occupancy reviews. 5. Completed 7 Pre-applications for Planning Actions. 6. Completed 20 "One-Stop" permit forms. 7. Performed field and office checks on 5 partition plats & subdivision plats. 8. Conducted 10 traffic safety site inspections. 9. Conducted 2 vision clearance site inspections. 10. Attended Traffic Safety Commission; Forest Commission; Bicycle Commission; Airport Commission meetings; City Council Meetings, Budget Meetings and SDC Review Meetings. 11. Performed the following work on the Tolman Creek L.I.D. project: a. Attended Public Hearing. b. Began work of revising L.I.D. procedure 12. Updated City base map. 13. Performed the following work on proposed Cottle Park: a. Reviewed title report. b. Reviewed proposed easements. C. Prepared new easement description. PAGE 1-(c-&bore W ny.Rpg 14. Applied for an excavation permit from Jackson County Public Works. 15. Performed the following work on the Crowson Reservoir Roof Repair: a. Distributed R.F.P.'s to engineers. b. Held pre-design conference. C. Issued project addendum. 16. Performed the following work on the Central Ashland Bikeway: a. Awarded contract to Adkins Engineering. b. Met with selected engineer and with ODOT to discuss project requirements. 17. Attended bikeway and pedestrian design workshop. 18. Researched right-of-way information on 'B' Street. 19. Provided AUTOCAD map and/or drawings for the following departments: a. Traffic Safety Commission (1) b. Police Department (3) C. Finance Department (12) d. Miscellaneous (3) it e. Planning Department (7) 20. Updated traffic accident data base. 21. Attended monthly Rogue Basin Utility Coordinating Council meeting in Medford. 22. Performed the following work on the Water Treatment Plant Improvement Project: a. Inspected contract work. b. Prepared progress payment to Contractor and Consulting Engineer. C. Attended monthly progress meeting. 23. Performed the following work on the Indiana Street re-alignment project. a. Distributed agreement to all participants for review. b. Provided information to Oregon Department of Transportation for estimate of costs. 24. Performed the following work on the 1996 Miscellaneous Concrete Project: a. Began preparation of specifications. p b. Began plan preparation for project. C. Computed proposed quantities. PAGE 2-(cmimme�wY.Rpt) 25. Performed the following work pertaining to Mountain Meadows Subdivision: a. Prepared interim progress payment authorizations. b. Inspected work performed by contractor. 26. Attended Bear Creek Water Quality Advisory Meeting in Medford. 27. Performed the following work on the East Main Street Improvement Project: a. Met with engineer to discuss design options. b. Submitted bid advertisements to papers. C. Distributed plans and specifications to contractors. 28. Performed the following work pertaining to the property at Maple and North Main Street: a. Approved 2 week closure of Maple Street. b. Inspected work performed by Contractor. 29. Performed the following work regarding Dogwood Way: ==-a. Scheduled Council hearing for L.I.D. formation. b. Prepared improvement resolution. c. Computed proposed assessments. ._d. Prepared warrantee deed and mailed to owners. 30. Performed the following work on the 1996 Street Improvement Project: a. Reviewed RFP's and selected a consultant. b. Prepared contract. C. Acquired information for design. 31. Operated traffic counts at various intersections. 32. Reviewed plans of the Railroad Park Village, Ashland Village Subdivision and Mountain Creek Subdivision. 33. Staff for Airport, Bicycle, Forest Commission and Traffic Safety Commission as usual: Agendas, packets, staffing meeting, tracking/completing background work. 34. Completed design of the Van Ness Street improvements. 35. Began compiling information for County G.I.S. PAGE 3-(cmg6=e a4.4o r•i..c ye��\ `�` k\�.ya Water Quality \' Monthly Report ' May 1996 The following is a report of the various collective activities of subdivisions within the Water Quality Division. This report concerns only the significant activity within these subdivisions. WATER Leaks: Repaired two leaks in City owned water mains, one of which involved a blown bell joint, causing shut down of the line and removing a section of pipe, repairing and replacing it. Repaired nine leaking W service lines, or meters, three of which were caused by contractors. Repaired leaking lead joint in Lithia line. Repaired three leaking TID lines. Meters: Installed fifteen 3/a " meters with hand valves, and one 2" meter. Changed out nineteen 3/ " meters and one 1" and one 2" meter. P Installed meter riser on low meter service. Turned on all irrigation meters for the season. Installed one 3/a " hand valve to meter service. Replaced three broken meter curb stops on services. u Fire Hydrants: Raised valve boots to fire hydrants on North Main. Repaired one fire hydrant on East Main. Services: Installed 2" service and 3/a " water service for Parks Department. Replaced 2" leaking and worn out water service on California. Installed two 3/4" water service on Park Street for pre-paving. Relocated one water service at N. Main in State project. Split p existing water service into a second service. tl Mains: Installed 54' of 16" water line at Water Street for pre-paving of Van Ness. Made tie-ins for main line installation at Gresham and Pearl and Meade and Pearl for new 6" main line. Installed 4" fire service to new building on East Main at 2nd. Raised three valve boots and took asphalt from around valves on N. Main for contractor to raise. Pump Stations: Performed weekly inspection and maintenance on four booster pump stations. Misc: Replaced hoist at Chlorine building at the Water Treatment Plant. Pulled meter and flushed service at 4th and B Streets on a dirty water call. EWER Repairs: Made repairs to three sanitary service lines/mains. Installations: Installed two 4" sanitary sewer services for pre-paving. Maintenance: Rodded 4,390 feet of line using 10,000 gallons of water. Main line: Installed 970' of new 10" sewer main with two manholes on L Morton Street. Pump Stations: Performed weekly maintenance and inspection on the six sewer booster pump stations. TREATMENT FACILITIES The Water Treatment Plant treated 97.812 million gallons of drinking water for our community, and the Water Pollution Control Facility treated 57.95 million gallons of water. MISCELLANEOUS There were 118 requests for location of water and sewer utilities during the past month. Street Division Monthly Report May 1996 Report SWEEPER: Swept 520 miles of streets. Collected 141 yards of debris. Responded to 118 utility location requests. Graded several streets and alleys. Patched pot holes and sunken services. Continued with our re-surface list of 12 streets: grinding, pre-patching, etc. Continued pre-patching Winburn Way. 106.58 tons to date. Repaired a sink-hole on Starlite Place. Hauled off sweeper pile: 10 yards. Pushed up asphalt grindings and old asphalt at our re-cycle yard on Glenview Dr.. Leveled piles at the dump site on E. Main. Wildwood Way: cut brush, trimmed trees, widened, graded and placed 30 yards of N -0 rock. Also hauled off 2 loads of debris. Picked up eight 55 gallon drums (empty) for tack-coat waste for Rogue Valley Oil. Improved the Sewer Division road off of Fordyce on the Rick Davis property: pulled the ditches and placed 168.69 tons of rock. Repaired the alley above Ashland Street between Beach and Liberty using 11.86 tons of 11h" rock. STORM DRAINS: Flushed and/or rodded several storm drain systems. Cleaned off catch basin grates. Cleaned out catch basins. Flushed out the culvert at 725 Beach. ! Pulled (cleaned) on Alta. Hauled off 40 yards of spoil. Made and installed a steel lid on box at 655 Faith Avenue. Changed storm drain gate to T.I.D. on Randy Street. PAGE 1-(�y.%) Took water tests on Ashland Creek (7-locations) and on Bear Creek (3-locations). Took water sample from wash-rack and delivered to Medford. Removed man-hole, lowered two 8-inch lines and T'ed them into the main line on Coolidge at North Main. Covered the pipes with 2 yards of 1 sack slurry. Delivered to Contractor, 60 feet of 15-inch pipe and two 22 degree elbows to on Maple Street to lower and re-route existing storm drain. SIGNS/PAINT: Installed new "Stop" sign post on Washington/Ashland Streets. Repaired the "Stop" sign on Oak and the Railroad tracks. Replaced the Railroad sign post on Oak/'A' Streets. Placed a directional arrow on a "No Parking" sign in the cul-de-sac on upper Morton. Replaced the "Stop" sign post on Scenic/Wimer. Replaced the street sign on Ashland/Stadium. Entire crew had two 4 hour training sessions on new paint striper. Placed 5 barricades for voter only parking on Winburn Way May 21st. Removed bus signs (2) from either side of Siskiyou in the 1200 block. Readied paint machine. Picked up 100 lbs. of beads from Jackson County. MISCELLANEOUS: Picked up several dead animals. Picked up grinder head (rental) from Medford. Picked up a large tree limb from 675 East Main. Picked up, delivered and returned tables, chairs and barricades for "BIKE COMMUTE DAY". Cleaned up equipment and facilities on a weekly basis. Helped in shop when needed. Held monthly safety meeting. PAGE 2-(,.90 F1eet Maintenance Monthly Report May, 1996 Three mechanics completed work on 109 work orders on various types of City equipment and vehicles. With the new numbering system in effect, work orders will no longer be reported on an individual department or division basis. The emergency generators at City Hall and the Civic Center were manually tested on a weekly basis. I and M certificates issued for the month: CA- City of Ashland Parks Department (1) o q n R �J � S AA r r MONTHL Y ASHLAND POLICE R E P O RT Vol. 1 No. 4 Linda Hoggatt, Editor May, 1996 Party houses present held to better acquaint Rich with each of the management staff, their individual problems for neighbors responsibilities, and their peculiarities (I and City know that is hard to believe!). Every Spring we experience some "party houses" in our city with young people celebrating the coming of summer. In the a month of rain, past few years we have had probably in rain and DARE! the number of 2 or 3 each year. This year, several locations within the city have again been identified as party Explorers Receives Bob Smith wrapped up the houses. This year, however, the problem DARE program for this is different than most and one location in Trophies for Excellence! school year with graduation particular has been cause for us to ceremonies for Helman, reevaluate our city ordinance which allows Oregon's first Specialized Law Briscoe and Walker us to deal with nuisance locations. Enforcement Explorer Training Elementary School 5-6th Conference was held May 10 through 13 Graders. The program is 17 Officers have responded numerous times in Lebanon, Oregon at Camp Tadmor. weeks of structured lessons to citizens complaints of loud music, Randy Snow attended this conference with on what drugs are, how to harassment, parties, noise disturbances, two of our explorers, David Odom and say no, and a general etc. Community Service Officer, Wendy Chris Heberlien. education of what options Svaren, working with other city agencies each child has in making and the city attorney, is pursuing the As the first held in Oregon it was naturally decisions in their own lives. possibility of a city ordinance to deal with very exciting to attend and very intense. these types of identified and ongoing Randy stated this was a high stress The graduation ceremonies problem locations. The idea, currently conference where the explorers were were attended by school used by the City of Portland and the City of drilled, put through training scenarios, officials, members of the Newport Beach, CA holds the landlord or leadership exercises and participated in Ashland Police department owner of the property, once they have various competitions such as marching, and most important, families been officially notified, responsible for the shooting, agility courses, traffic stops, of the students. actions taking place on their property. building searches and handling domestic Once again the culmination violence calls. ceremonies each had a skit David and Chris took the main trophy at which depicted a child ;, Rich Walsh — die conference for "Best Explorer Troop", making choices and the "a. having maintained the highest average outcome. This skit, set to new APD score in all of the various competitions the music "Turn Around combined and won second place in the Bright Eyes" has a powerful Sergeant domestic violence response competion. impact and delivers a David also scored the second highest in message that cannot be the shoot competition ignored. If you haven't A promotional process for selection of a attended one of these new Sergeant concluded with the selection Another BABY! ! ceremonies and seen this and appointment of Rich Walsh. Rich skit, make an appoint to do began his new duties on May 24di and is SO. busy leanting the in's and out's of On May 15, Sue Rogers,APD dispatcher, management. The first day of his had a baby boy. Sue and Larry are proud assignment a "team building" session was parents of Justin Ryan James. Sue is i home enjoying her time with Justin which entail the theft of property. This, through education. and will be back to work on July 15. in lay terms, means we have crimes such as residential burglaries (44 this Last month 8 letters were sent out Suspicious Death year-vs- 35 last year to date), through the ongoing education and shoplifting (86 this year -vs-81 program. ease..a slow steady last year to date) on the rise. investigation. However, thefts from buildings, vehicles and bicycle thefts are on the On May 8 we received a 911 call decline. of at 83 year old ding not Citizens need to continue to be aware > breathing. Responding emergency services personnel reported to of who is in their community and officers the incident looked report suspicious activity right away. suspicious and thus began the slow Your involvement can deter crime! methodical process in order to determine if the death was criminal The communications center received APD Uniforms receive in nature. 2425 telephone calls in May, of that, 436 were 9-1-1 calls. honorable mention Detective Parlette, heading up the investigation team, states the PART 1 - 1996 1995 Ashland received an honorable coroners office has determined at this time the death was by Homicide 1 0 mention in a uniform contest asphyxiation due to strangulation. Rae 0 3 sponsored by Law and Order R bry be 4 4 Magazine in May. This annual contest Investigators are continuing to gather information and complete Burgla gathers entries from agencies Assault 1 3 interviews. There is no named Burglary throughout the United States and shows the trends and changes law suspect at this time. Residential 44 35 g Non residential 0 11 enforcment agencies are making in Shoplifting 86 81 their uniform needs. Calls for Service Theft from MV 37 59 MV Parts-accessories 37 12 Ashland's entry showed the diversity May 95 May 96 Bicycle Theft 37 45 of our department with the bicycle Police 866 916 Theft from Building 12 45 uniform, the every day uniform, the Fire 16 21 Other Thefts 74 98 sweater for cooler days, and the Medical 56 131 Motor Vehicle Theft 11 18 motorcycle officer uniform. Auto aid 1 Arson 3 2 911 calls 454 436 A picture of our entry is displayed in *Pass off 36 36 TOTALS 347 416 the entry of the police department. *(to another 9-1-1 center) Photography was donated by Statistics for May 9-1-1 Misuse Christopher Briscoe. Ashland's 9-1-1 Safety Education May, like April continued to show a program "Circle of Friends" has an FBI Magazine features decrease in crime over the previous aggressive education system in place year. April showed a 18.8% decrease to educate the public on 9-1-1 APD Patch design. . . over the previous years figures and misuse. Each time the dispatch May showed a 16.1% (350-1996 -vs- center receives a call on 9-1-1 that is Each month FBI magazine features 417-1995) decrease. reporting non-emergencies or a trace on their back cover patch designs is made on a non-communicative from police agencies throughout the Part I crimes, the category for major 9-1-1 call a letter of education is sent U.S. In May, Ashland PD's new patch crime classifications, is our method out to the parties involved advising design appeared. for taking the temperature, if you will, them of the proper use of the 9-1-1 of Ashland's reported crime. system. The small article/information notation This r accompanying the design explained Last month I reported property crimes program, while termed the significance of Mt. Ashland, the were down, but like everything else, aggressive, is so only because we do Shakeaspeare banners and the that too changes. We continue to be a not ignore the lack of education on Swans from Lithia Park. community with no major crimes of die part of die public but rather try to violence against persons, but crimes change their use of the system GREG SCOLES 314 Moutainview Court Newberg,Oregon 97132 (503)538-5996(h) (503)537-1210(w) OBJECTIVE l A key Management position which utilizes my education, work experience and abilities to their fullest potential. SUMMARY OF QUALIFICATIONS Experience in program presentation and group facilitation • Extensive experience in public works, building,public administration and urban planning Well developed oral and written communication skills Graduate degree in public administration • Accomplished team builder Excellent work experience in both public and private sector PROFESSIONAL EXPERIENCE Management and Administration • Prepared and administered department budgets Developed and implemented capital improvement program Implemented computerized business license and utility.billing and instrumentation program Prepared comprehensive reports and recommendations Managed multidisciplinary departments (planning,building, streets,water and wastewater collection/distribution and treatment fleet and building maintenance, and engineering) Administered contracts with various consulting firms Prepared various grant applications Personnel and Labor Relations Developed comprehensive personnel handbook Served as city labor negotiator with fire, police and miscellan eous bargaining units Prepared wage and benefit analysis • Managed employee groups ranging from 5 to 55 employees Urban Planning and Community Development • Directed all current and advanced planning activities • Administered Housing and Community Block Grant Program Coordinated city efforts with various state, county and local agencies • Prepared general/comprehensive plan and zoning ordinance revisions • Presented oral and written reports to City Council, Planning Commission, Design Review Board, Subdivision Committee and Redevelopment Agency EMPLOYMENT HISTORY 1993-Current Community Development Director, City of Newberg, Oregon 1987-93 Vice President and Regional Manager, Majors Engineering Inc. San Ramon, California n I� 1986-87 Planning and Building Director,Town of Tiburon,California ` 1982-86 City Planner, City of Pinole,California 1980-82 Planning Director, City of The Dalles, Oregon 1977-80 Administrative Assistant and Associate Planner, City of Los Alamitos, California EDUCATION M.P.A. University-of Southern California B.A. ' Speech Communications,Long Beach State University h ORGANIZATIONS AMERICAN PUBLIC WORKS ASSOCIATION (APWA) AMERICAN PLANNING ASSOCIATION (APA) INTERNATIONAL CITY MANAGERS ASSOCIATION (ICMA) k AMERICAN WATER WORKS ASSOCIATION (AWWA) t i' CITY OF ASHLAND a ^t� CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 May 28, 1996 Mr. Wallace C. Cannon 300 Luman Road Phoenix OR 97535 RE: Surplus Property Dear Wally: I was recently approached by your neighbor, Joe Garfas, about the possibility of his purchasing a small parcel owned by the City on the alley behind your property on Fourth Street. It is actually immediately behind the lot owned by you. Mr. Garfas apparently wants to use it for parking. We have determined that this parcel is of no use to the City. Since our poffer it first offer it first to abutting owners (Mr. Garfus' lot is one lot removed), we and secondly to Dom Provost, before responding to Mr. Garfas. Since the abutting lots are valued by the Assessor at $7.80 per square foot, I would propose a lower value of $5.00 due to the small size of the parcel, or $1875. Please let me know if you are interested. Sincerely, Brian L. Almquist City Administrator (r.Cannm.ly) Enclosure (Map) Ema ran dum 19 January 1994 RnLW,Alinquist, Steve Hall, Paul Nolte MAT rum: James H. Olson, Assistant City Engineer �11�I;Etf: Proposed Sale of City Owned Lot In regards to Joe Garfus' request to purchase tax lot 39-1E-09AB-5,700 the following information is provided: 1. The lot was first created on 16 March 1908 when Belle and Charles Nickell . sold lot 13 except the easterly 15 feet to the city of Ashland. The larger lot (now known as tax lot 5,600) was used by the City as a fire station. It is not F known why the 15 feet was reserved from this sale; however, it was never developed by the Nickells who retained title to it for several years. 2. The City took title to all of lot 13, including tax lot 5,700 in 1922 by a tax deed recorded as volume no. 147 page 514 of the Jackson County Deed Records. 3. The City later sold tax lot 5,600; however, lot 5,700 was not included in,the sale and still remained as a separate parcel. The easterly 15 feet of lot 13 (tax lot 5,700) has been in City ownership since 1922 and to my knowledge has never been used. The lot size is actually 15 feet by 25 feet (not 13 feet by 25 feet as referred to in Garfus' letter of 3 January) and would seem to be of little use to anyone except the two abutting owners, Dom Provost or Wally Cannon. The Garfus property is actually one lot south. Attached for your reference are copies of the deeds and the assessor's plat showing the location of the property. JHO:rs\per q 39 1E 9AB SOUTH • ERN . 6500 _ PA ^rFIC 4.09Pc Q - (P-11856) m 01 W � � zs• r2 a 09 6 . g / 5f a. 312 Zs zs V y 13 �• / N /. . / 4/ N 4 5� ssco 15 RwpST I fs GqR ���33 . ti f3 • Z �n 7�5 A 32 14 Y �2ep, _ 63 .r l SCALE 1" = 100' 6°1 s� ao h h = f✓� /I / e a `L 17 ZS8/f9 �•'0 2f i�2 / / �.. 123 B/ �i /25126 o l 374 2 28 '. .3� l a [n Z8/ Z9 29 � o / . .. � X398) „ 1 7p, e Zr ftft 1g1 r9 20 p/ 22/23 _ I �o CITY PROPERTY_, IN BLOCK D FIRST PAGE RECORDING REQUIREMENTS PER ORS 205.234 NAME OF TRANSACTION: Bargain and Sale Deed NAME OF PARTIES: Grantor: City of Ashland, 20 East Main Ashland, OR 97520 Grantee: Wallace C. Cannon & Eva M. Cannon 300 Luman Road Phoenix, OR 97535 DOCUMENT TO BE RETURNED TO: Barbara M. Christensen, City Recorder, 20 East Main, Ashland, OR 97520 TRUE AND ACTUAL CONSIDERATION: $1,875.00 UNTIL A CHANGE IS REQUESTED, SEND Wallace C. Cannon & Eva M. Cannon TAX STATEMENTS TO: 300 Luman Road, Phoenix, OR 97535 BARGAIN AND SALE DEED City of Ashland, Oregon, Grantor, conveys to Wallace C. Cannon and Eva M. Cannon, Grantees, the real property described as: The easterly 15 feet of lot thirteen (13) of Block D of the Railroad Addition to the City of Ashland. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH ' THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true and actual consideration for this conveyance is $1,875.00. DATED this day of 1996. GRANTOR Catherine M. Golden, Mayor t Barbara Christensen, City Recorder u PAGE 1 - BARGAIN AND SALE DEED (pAmdkcwnon.aea) State of Oregon County of Jackson This instrument was acknowledged before me on 1996, by Catherine M. Golden as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: PAGE 2 - BARGAIN AND SALE DEED (V:\r"\cwnw.ded) Atlas Environmental PO Box 433 (541) 482-6814 Ashland, Oregon 97520 Fax(541)48 8-1526 May 6, 1996 Susan Reid Ashland City Council 171 Granite Street Ashland, Oregon 97520 Dear Susan: As we discussed, I have made some minor revisions in the proposed ordinance titled Setbacks from Class 1 and Class 2 Streams. The changes: ' remove DSL from the permit process for exceptions, and clarify that landowners should contact the DSL whenever doing any fill or excavation in the setback area. The ordinance will still enhance in-stream water .quality, reduce non-point source pollution, preserve wildlife and native plant habitat, and improve overall watershed health. Since our last conversation, I spoke with Ken Hagen and Paul Nolte about our progress and the next steps. Paul informed me that you said the Planning Commission would have to review the ordinance, but that it was appropriate to go through council first. Since I first mentioned this proposal, many friends and neighbors have asked what they could do to help support the initiative, and I have told them to wait until the right time. Let me know if you feel that it would be beneficial for the community to show its support with phone calls, letters or a petition. I believe that this will find overwhelming support with the council; especially when they realize that Jackson County and Phoenix already have similar ordinances on the books. Thank you for your help, and I look forward to hearing from you soon. If you have any questions or comments, please call. Sincerely, COPY Plato Doundoulakis Environmental Engineer Enclosures CC: Paul Nolte Ken Hagen r 1' Proposed Ordinance for the City of Ashland Establishing Setbacks from Class 1 and Class 2 Streams Whereas, the City of Ashland (City) has recognized the visual and environmental benefits of preserving the streams that run through it. Whereas, it is the City's intent to preserve and protect these streams in accord with Federal, State, and local preservation policies and ordinancds; Whereas, the City has been mandated to participate in improving the water quality of these streams, and a healthy riparian zone is critical for compliance; Whereas, this ordinance has been prepared in accord with the City's Comprehensive Plan Periodic Review update program. NOW, THEREFORE, THE CITY OF ASHLAND ORDAINS AS FOLLOWS: Section 1, Purpose: To provide a buffer between Class 1 and Class 2 streams and any type of development in order to preserve the streams visual, .ecological, and i environmental vitality. i Section 2, Scope: This ordinance is intended to apply to all Class 1 and Class 2 streams located within the City of Ashland. The identification and rating of streams located within the City may change based upon studies prepared by the Oregon i Department of Fish and Wildlife. This ordinance is intended to apply to the most recent stream rating identified by the State. Section 3, Setbacks: A. No structures other than bridges, dams, pumping or water treatment facilities shall be located closer than 50 feet to banks of any Class 1 stream, or 25 feet to the bank of a Class 2 watercourse, jurisdictional wetland, reservoir, or basin which contains water at least six months of the year. Any improvements permitted within the stream shall be designed to minimize the removal of riparian vegetation, and shall reclaim lands disturbed by development activities in accord with the standards of the Oregon Department of Fish and Wildlife and the Division of State Lands. B. In order to protect stream corridors and riparian habitat on Class I streams, all overstory vegetation or tree cover shall be retained for a distance of 50 feet from the top of the bank or a distance of three times the width of the stream, whichever is greater. In addition, a minimum of 75 percent of the overstory that constitutes stream shade shall be retained, regardless of its distance from the stream bank. Overstory may consist of merchantable and non-commercial tree species as per the provisions of the Oregon Forest Practices Act. V I Page 1 of 3 Proposed Ordinance for the City of Ashland (revised May 3,,1996) i C. All understory vegetation adjacent to Class I Streams shall be retained to protect stream and habitat quality for a distance of 50 feet from the stream bank or a distance of three times the width of the stream, whichever is greater. D. All overstory and understory vegetation within 25 feet of the banks of Class 2 water courses, jurisdictional wetlands, reservoirs, or basins which contain water at least six months of the year shall be retained. E. Understory and overstory re-vegetation in the protected areas adjacent to Class I and Class 2 streams shall use only native horticultural varieties of plant species according to a landscape plan approved by the Oregon Department of Fish and Wildlife, and the State Department of Forestry as required under conditions of approval for all land use actions. The Oregon Division of State Lands will provide assistance in determining if a plant species is native. F. All bridge and stream crossings, and removal or fill operations in excess of 50 cubic yards are subject to review for impacts on fish and wildlife. The Division of State lands and the Army Corps of Engineers also require permits for such operations. Section 4, Determination of Stream Bank Location: The stream bank shall be defined as the top of the bank or the average high water line, whichever is higher. The responsibility of determining the location of the stream bank of any stream shall be made by the City of Ashland Planning Department (Planning Department). The bank location shall be determined by reviewing the latest available flood maps and through visual inspection of the stream. Identification of the stream bank may be referred to the Oregon Department of Fish and Wildlife. Section 5, Exceptions: Exceptions to the understory and overstory setback requirements of this ordinance may be granted to allow the following: 1. Minor maintenance of understory vegetation including the control of non-native vine growth; 2. Development of trails and other passive recreational usage of property adjacent to Class 1 and 2 streams. Requests for exceptions must be made in writing to the Ashland Planning Department, and must include a detailed description of the activity that is proposed within the setback area. Information submitted shall include a detailed maintenance plan; or, if improvements are planned, detailed landscape and improvement plans including a plant list verifying the selection of native varieties. The form and the number of copies to be submitted shall be determined by the Planning Department. Proposed Ordinance for the City of Ashland (revised May 3, 1996) Page 2 of 3 Requests for exception must be approved by the Oregon Department of Fish and Wildlife, the Oregon Department of Forestry, and the Planning Department. A request for exception shall be approved only if the purpose and scope provisions of this ordinance have not been compromised. If any of the state agencies or the Planning Department cannot agree to approve or deny the exception, the request shall be considered denied. If the request for an exception is denied, the applicant has the right to request a variance in accord with the variance provisions of the City's zoning ordinance. The exception provisions are not intended to apply to building setback requirements of this ordinance. Exceptions to building setback requirements shall be considered in accord with the variance provisions of the zoning ordinance. Section 6, Severability: The invalidity of a section or subsection of this ordinance shall not affect the validity of the remaining sections or subsections. Section 7, Effective Date: This ordinance shall become effective 30 days after its passage by the Ashland City Council. Proposed Ordinance for the City of Ashland (revised May 3, 1996) Page 3 of 3 Exceptions to the Riparian Setback Ordinance City of Ashland, Oregon Section 5, Exceptions: Exceptions to the understory and overstory setback requirements of this ordinance may be granted to allow the following: 1. Minor maintenance of understory vegetation including the control of non-native vine growth; 2. Development of trails and other passive recreational usage of property adjacent to Class 1 and 2 streams. Requests for exceptions must be made in writing to the Ashland Planning Department, and must include a detailed description of the activity that is proposed within the setback area. Information submitted shall include a detailed maintenance plan; or, if improvements are planned, detailed landscape and improvement plans-including a plant list verifying the selection of native varieties. The number of copies submitted shall be determined by the Planning Department. Requests for exception must be approved by the Oregon Department of Fish and Wildlife, the Oregon Department of Forestry, and the Planning Department. A request for exception shall be approved only if the purpose and scope provisions of this ordinance have not been compromised. The Oregon Division of State Lands can provide can provide technical assistance in selecting native plant species, and should be contacted if there is any removal or fill planned within this setback area. If any of the state agencies or the Planning Department cannot agree to approve or deny the exception, the request shall be considered denied. If the request for an exception is denied, the applicant has the right to request a variance in accord with the variance provisions of the City's zoning ordinance. The exception provisions are not intended to apply to building setback requirements of this ordinance. Exceptions to building setback requirements shall be considered in accord with the variance provisions of the zoning ordinance. Proposed Ordinance for the City of Ashland (revised May 3, 1996) ii Application for Exception to the Riparian Setback Ordinance City of Ashland, Oregon Complete the following and include a sketch of the project area showing the riparian buffer area, any vegetation planned for removal, and the landscaping plan. Submit four copies to the Ashland Planning Department. Name of Applicant Phone Mailing Address Project Location: Address: Township Range Section Tax Lot Stream Name Length of Stream Affected Date activity will begin Estimated date re-vegetation will be completed Estimate area of vegetation to be removed Are there any wet areas? Will any trees or native plants be removed? Explain why What method will you use to remove vines? What is the long term maintenance plan? Are you planning to use any fertilizers, herbicides, or pesticides in the setback area? What amounts? Will the final planned riparian area be more better for wildlife than it is now? Describe the overall project? Proposed Ordinance for the City of Ashland (revised May 3, 1996) List all plants that will be introduced within the setback area: Common Name scientific Name Approximate seed Source if known Area& Number Additional Comments: Applicants Signature Application Date . Approved BY: Oregon Department of Fish and Wildlife Date Received Date Approved Oregon Department of Forestry Date Received Date Approved Ashland Planning Department Date Received Date Approved Proposed Ordinance for the City of Ashland(revised May 3, 1996) At/as Environmental PO Box 433 (541) 482-6814 Ashland, Oregon 97520 Fax (541) 488-1526 April 11, 1996 Susan Reid Ashland City Council 171 Granite Street Ashland, Oregon 97520 Dear Susan: As I mentioned to you some time back, I am proposing that the Ashland City Council adopt the attached ordinance titled Setbacks from Class 1 and Class 2 Streams. This ordinance will enhance in-stream water quality, reduce non-point source pollution, preserve wildlife and native plant habitat, and improve overall watershed health. p; Similar ordinances are in place elsewhere in the country and in our neighboring communities. This ordinance was modeled after one in place in Phoenix, Oregon, but Jackson County and Medford also have working ordinances. This type of ordinance has been proven to protect the resources of the state and the community with minimal impact on development or property rights. The Oregon Department of Fish and Wildlife (ODFW) and the Division of State Lands (DSL) have agreed to a fast turn-around with all applications, and can promise a 30 day maximum response time. Now more than ever, with increased construction and development, the City must protect its own interests in the water quality of Bear Creek. Action on this ordinance will establish some ground rules to help preserve our environmental quality, and show the DEQ that Ashland is doing its part to reduce non-point source pollution. I have discussed this proposal with Cathy Golden, Paul Nolte and Bill Molnar, and all agree it is time that the Council begin review and discussion. Mike McCabe with the DSL and David Haight with the ODFW have agreed to work with the City in developing these ordinances, and are available to speak to the Council. If you approve of the language, I think the next step should be for Paul to finalize the ordinance for presentation to council for discussion. I am also gathering support documents, and am enclosing the Phoenix and Jackson County Ordinances for reference. Thank you for your help, and I look forward to hearing from you soon. If you have any questions or comments, please call. Sincerely, COPY Plato Doundoulakis Environmental Engineer I - DEFINITIVE AGREEMENT by and between THE CITY OF ASHLAND and ASHLAND COMMUNITY HEALTHCARE SERVICES TABLE OF CONTENTS Page ARTICLE 1 RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 City Organization and Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 City's Present Healthcare Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 City's Study and Determination of the Need for Restructuring . . . . . . . . . 1 1.4 Creation of ACHS Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.5 Lease of Real Property and Transfer of Operating Assets and Liabilities . . . 2 i ARTICLE 2 TRANSFER OF ASSETS AND LIABILITIES . . . . . . . . . . . . . . . . . . . . 2 2.1 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . 2 2.1.1 Cash, Bank Accounts and Investments . . . . . . . . . . . . . . . . . . . . . 2 p 2.1.2 Patient Accounts Receivable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 u 2.1.3 Inventories 2 2.1.4 Prepaid Expenses and Miscellaneous Assets . . . . . . . . . . . . . . . . . 2 2.1.5 Books and Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1.6 Leases, Contracts and Agreements . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1.7 Moveable Equipment and Furnishings . . . . . . . . . . . . . . . . . . . . . 3 2.1.8 Liabilities and Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.2 Exclusions from Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2.1 Real Property and Improvements . . . . . . . . . . . . . . . . . . . . . . . . 4 2.2.2 Excluded Liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.3 Use of Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 3 LEASE OF REAL PROPERTY AND IMPROVEMENTS . . . . . . . . . . . . 4 3.1 Facilities Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1.1 Use and Occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1.2 Lease Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1.3 Maintenance and Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1.4 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1.5 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1.6 Termination and Recovery of Assets . . . . . . . . . . . . . . . . . . . . . . 5 3.1.6.1 Material Breach . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1.6.2 Insolvency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1.6.3 Capital Depletion . . . . . . . . . . . . . . . . . . . . . . . . . 5 3.1.6.4 Debt Service Coverage . . . . . . . . . . . . . . . . . . . . . 5 3.1.6.5 License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I i 3.1.6.6 Accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3.1.7 Provision of Financial Information . . . . . . . . . . . . . . . . . . . . . . . 6 3.1.8 Dissolution of ACHS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 4 EMPLOYEES OF FORMER ACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.1 Identification of Employees and Personal Service Contractors of Former ACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.2 Present Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.3 Collective Bargaining Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.4 Offer of Employment by ACHS and Related Processes . . . . . . . . . . . . . . 7 4.5 Termination by City of Employees of Former ACH . . . . . . . . . . . . . . . . . 7 4.6 Employees on Leave or Special Status . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 5 RELATED ORGANIZATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.1 Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.2 Auxiliary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5.3 Medical Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 6 OTHER PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6.1 Execution of Signature Cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6.2 Notification Regarding Assignment of Accounts Receivable . . . . . . . . . . . 9 6.3 Notification of Third Parties Regarding Assignment of Contracts and Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6.4 Licenses and Provider Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6.5 Extended Reporting (i.e., "Tail") Insurance . . . . . . . . . . . . . . . . . . . . . . . 9 6.6 Indemnification of the Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6.6.1 Indemnification of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6.6.2 Indemnification of ACHS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6.6.3 Related Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6.7 Disclaimer of Warranties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6.8 Costs of the Transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6.9 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6.9.1 If to City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6.9.2 If to ACHS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6.10 Governing Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.11 Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.12 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.13 Parties in Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.15 Further Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.16 Warranties of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6.17 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ii DEFINITIVE AGREEMENT by and between THE CITY OF ASHLAND and ASHLAND COMMUNITY HEALTHCARE SERVICES THIS DEFINITIVE AGREEMENT (the "Agreement") is entered into on the _ day of , 1996 by and between the City of Ashland ("City") and Ashland Community Healthcare Services ("ACHS") to be effective on , 1996 (the "Effective Date"). City and ACHS are at times referred to herein as the "Parties". ARTICLE 1 RECITALS 1.1 City Organization and Location. City is an Oregon municipality located in Jackson County, Oregon. 1.2 City's Present Healthcare Operation. The City owns an acute care general hospital and related healthcare services and facilities, which it operates through an unincorporated operating division known as Ashland Community Hospital ("Former ACH") as authorized pursuant to Article XVII of the City of Ashland Charter. Former ACH is governed by a City-appointed Board of Trustees and is operated for the benefit of City residents. 1.3 City's Study and Determination of the Need for Restructuring. Following an extended N process of study, focusing on the increasing challenges and requirements of operating as a healthcare provider, the City concluded that it will better serve the long-term interests of its residents by having its healthcare services and facilities operated for their benefit by a separate N not-for-profit public benefit corporation of which the City is the sole member and in which governance responsibility and authority is vested in a board of directors. 1.4 Creation of ACHS Corporation. Thereafter, the City created, in accordance with Oregon law, a not-for-profit public benefit membership corporation known as Ashland Community WGISEA 237837.05 Page 1 June 5, 1996 Healthcare Services, including approving its articles of incorporation and establishing itself as sole member. As the member of ACHS, the City appointed, in accordance with the criteria set forth in the articles of incorporation, a Board of Directors comprised of area residents and submitted to the Internal Revenue Service a request for exemption from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). 1.5 Lease of Real Property and Transfer of Operating Assets and Liabilities. The City now desires to transfer to ACHS certain assets, liabilities and obligations of Former ACH and, in addition, to lease to ACHS the land, land improvements, buildings and fixed equipment previously used in the operations of Former ACH, and thereby arrange for ACHS to assume full ownership and operating responsibility for the healthcare services, programs and facilities previously operated by the City in accordance with the terms and conditions of this Agreement. ACHS is willing to accept such transfer, lease such facilities, and assume such ownership and operating responsibility in accordance with the terms and conditions set forth below herein. THEREFORE, in consideration of the above recited facts and the mutual covenants and agreements set forth below, the Parties hereto agree as follows: ARTICLE 2 TRANSFER OF ASSETS AND LIABILITIES 2.1 Transfer. Subject to all the provisions of this Agreement, on the Effective Date the City shall assign, transfer, convey and deliver to ACHS, and ACHS shall accept, all of City's right, title and interest in and to the assets and liabilities of Former ACH described below in this Section 2.1. 2.1.1 Cash, Bank Accounts and Investments. All cash and cash-equivalents, deposit and checking accounts, deposits, short-term and long-term investments, reserves (including workers' compensation, insurance, debt service or premium rebate reserves or refunds), and contents of safety deposit boxes. 2.1.2 Patient Accounts Receivable. All sums billed but uncollected for services prior to the Effective Date and all right of payment for services delivered prior to the Effective Date but not yet billed. 2.1.3 Inventories. All inventories of medical, clinical, pharmaceutical, food, office and other disposable and consumable supplies. 2.1.4 Prepaid Expenses and Miscellaneous Assets. Any prepaid expenses, rental and other contract deposits and prepayments, and any and all other assets except Excluded Assets as defined in Section 2.2.1. WGISE 237837.05 Page 2 June 5, 1996 2.1.5 Books and Records. All patient lists; medical records, files and charts; financial records; computer files and diskettes containing any information regarding any of the assets and/or business affairs; permits, licenses, provider numbers, certificates and authorizations from any governmental authority; any trade names, telephone listings and rights to use of telephone numbers; and other intangible assets. 2.1.6 Leases, Contracts and Agreements. Any contracts in effect as of the Effective Date between Former ACH and other persons or entities (collectively, "Third Parties"), written or oral, except for Excluded Liabilities as defined in Section 2.2.2, including but not limited to: leases of equipment, furnishings and other personal property; contracts with providers of goods and services; maintenance contracts; contracts with insurers, suppliers, personnel, managed care programs; software license agreements;employee benefit plans;accounts receivable; and accounts payable. If any Third Party refuses to consent to assignment of its contract with Former ACH to ACHS, or attempts to impose some condition which has not then been met, ACHS shall nonetheless, as between the parties to this Agreement, assume responsibility for performance of the contract and the City shall cooperate in facilitating such performance as needed as a conduit. 2.1.7 Moveable Equipment and Furnishings. Any equipment, furnishings, fixtures, and machinery, except fixed equipment. 2.1.8 Liabilities and Obligations. Any obligations, debts, claims, demands, expenses, of any character, regardless of by whom or when asserted or the legal basis on which asserted, based on acts or circumstances which occurred before the Effective Date, with the sole exception of those claims, demands, and expenses which relate to Excluded Liabilities as defined in Section 2.2.2 (collectively, the "Assumed Liabilities"). It is the intent of the parties that, except for Excluded Liabilities, the assumption of Assumed Liabilities by ACHS be interpreted broadly and liberally so as to include and transfer to ACHS primary responsibility for all possible costs, expenses and liabilities of City, its officials, employees, agents and/or representatives, relating to Former ACH, to the extent they are not actually covered and paid by insurance coverage on ` behalf of the City and/or subject to the Oregon Tort Claims Act. To that end, and except for Excluded Liabilities, total responsibility shall be transferred to ACHS for any legal obligation or responsibility of whatever character or cause related to the ownership and operation of Former ACH prior to the Effective Date to which the Oregon Tort Claims Act or insurance in force with respect to the City, its officials, employees, agents and/or representatives, does not apply,whether t known or unknown, discovered or undiscovered, matured or inchoate, contingent or not, asserted or unasserted, accrued or not, in contract, tort or other legal basis, and regardless of the nature of damages or other remedy sought or the category of claimant. City also hereby assigns and transfers to ACHS, and authorizes ACHS to assert against third parties (not including City, its officials and/or employees) any right of offset, credit, or defense which City may have against such third parties which is in any way based on or related to City's ownership or operation of Former ACH. City further hereby assigns and transfers to ACHS and authorizes ACHS to assert against any third parry (not including City, its officials and/or WGISEA 237837.05 Page 3 June 5, 1996 employees) any right including the right of subrogation which City may have against third parties responsible in whole or in part for any claim, demand, damage or expense for which ACHS has made payment as part of its obligations concerning Assumed Liabilities. 2.2 Exclusions from Transfer. Assets and liabilities related to the operation of Former ACH which are excluded from the transfer of assets and liabilities to ACHS include the following, all of which shall be retained by the City: 2.2.1 Real Pro»erty and Improvements. All real property and improvements owned by the City as of the Effective Date which prior to the Effective Date were used or available for use in the operation of Former ACH, including land, land improvements, buildings and fixed equipment, all as further described on Exhibit 2.2.1. 2.2.2 Excluded Liabilities. The balance outstanding as of the Effective Date of any long-term debt incurred to acquire, construct and/or renovate the real property and improvements described in Section 2.2.1, together with contracts, liens and other obligations related to such real property and improvements. 2.3 Use of Assets. ACHS hereby agrees that from and after the Effective Date, it shall use the assets transferred to it pursuant to this Agreement in a manner consistent with the purposes set forth in its articles of incorporation as approved by the City from time to time to provide healthcare and related services, programs and facilities for the benefit of residents and visitors in Ashland and the surrounding service area. ARTICLE 3 LEASE OF REAL PROPERTY AND IMPROVEMENTS 3.1 Facilities Lease. City hereby agrees to enter into a long-term lease (the "Facilities Lease") with ACHS effective as of the Effective Date pursuant to which it shall lease to ACHS all of the real property and improvements described in Section 2.2.1 (the "Leased Premises"). Terms and conditions of the Facilities Lease shall not be inconsistent with the following provisions: 3.1.1 Use and Occupancy. ACHS shall have the right to occupy and use the Leased Premises for purposes consistent with its corporate articles. 3.1.2 Lease Payments. ACHS shall be obligated to make lease payments to the City in an amount sufficient to meet as due any and all principal and interest payments on the Excluded Liabilities described in Section 2.2.2 as the same become due and payable and to defray the out- of-pocket costs incurred by the City which but for its roles as Member of ACHS and Lessor under the Facilities Lease could have been avoided. 3.1.3 Maintenance and Repair. ACHS shall be responsible to use the Leased Premises with due care and shall be obligated to maintain them in good order and repair, making such WGIM 237837.05 Page n June 5, 1996 repairs, restorations, replacements and additions as may be necessary or desirable during the term of the Facilities Lease, including those caused by ordinary wear and tear and those which become structurally necessary or desirable; provided, however, that the City will not unreasonably withhold its agreement to acquire and finance such structural repairs, restorations, replacements and additions if requested to do so by ACHS so long as ACHS is willing and able to adjust its lease payments under the Facilities Lease by an amount sufficient to meet the additional principal and interest payments on debt incurred in connection therewith. 3.1.4 Insurance. ACHS shall maintain adequate comprehensive public liability and replacement value property damage insurance on the Leased Premises and the activities being carried on in or around the Leased Premises and shall agree to save, indemnify, defend and hold the City harmless with respect to any loss or damage incurred with respect to the Leased Premises. 3.1.5 Term. Subject to the continued existence of ACHS, the initial term of the Facilities Lease shall be ten (10) years. In addition, ACHS shall have an option to extend the Facilities Lease for four (4) additional terns of five (5) years each, up to an aggregate of thirty (30) years, provided it is not in default under the Facilities Lease at the time of such extension and further provided that this provision shall not permit the aggregate tern of the Facilities Lease to be extended beyond the maximum number of years permitted by law. 3.1.6 Termination and Recovery of Assets. The City shall have the right but not the obligation to terminate the Facilities Lease and assume responsibility for operation of the Leased Premises if one or more of the following events occurs: 3.1.6.1 Material Breach. ACHS materially breaches the Facilities Lease or its lease payment obligations and fails to cure such breach within the specified timeframe; 3.1.6.2 Insolvency. ACHS becomes insolvent; the term "insolvent" as used herein is defined to mean: a condition in which for a period of thirty (30) or more days, ACHS' cash and other liquid assets are insufficient to meet its debts or discharge its liabilities when due. 3.1.6.3 Capital Depletion. ACHS's working capital ratio, as defined in accordance with generally accepted accounting principles, at the end of any two consecutive calendar quarters is less than 2 to 1; 3.1.6.4 Debt Service Coverage. ACHS's debt service coverage (including lease payments under the Facilities Lease) for any fiscal year is less than 1.25 to 1; "debt service coverage" as used herein is determined by dividing "a" by "b" where "a" is the sum of(1) the excess of revenues and gains over expenses and losses, (2) depreciation expense, and (3) interest expense, and ".b" is the sum of(1) principal payments due in the current period and (2) interest expense. WGISEA 237837.05 Page 5 June 5, 1996 3.1.6.5 License. ACHS fails to maintain its state hospital license; 3.1.6.6 Accreditation. ACHS fails to maintain its accreditation with the Joint Commission on Accreditation of Healthcare Organizations or an acceptable equivalent for acute care general hospitals in the State of Oregon, or fails to take reasonable corrective action with respect to one or more significant patient care deficiencies noted in an accreditation survey. 3.1.7 Provision of Financial Information. ACHS shall be required to timely furnish the City with audited annual financial statements, periodic unaudited financial information, and other information concerning ACHS's operations, to the extent reasonably requested from time to time by the City. 3.1.8 Dissolution of ACHS. If an event occurs which gives the City the right to terminate the Facilities Lease, the City shall also be entitled as sole member of ACHS but not obligated to dissolve ACHS and assume operating responsibility for ACHS's healthcare services and activities. ARTICLE 4 EMPLOYEES OF FORMER ACH 4.1 Identification of Employees and Personal Service Contractors of Former ACH. City represents that attached hereto as Exhibit 4.1 is a current, correct and complete list of all employees and personal service contractors of Former ACH as of , 1996, and for employees of Former ACH, their job titles, full or part-time status, rate of pay (including any bonus eligibility and its terms), accrued sick leave, vacation and other leave time, and length of service recognized for pension, seniority and other personnel purposes at Former ACH as of the date of that exhibit. 4.2 Present Benefits. As of the Effective Date, to the extent that they qualify under the terms of the applicable plan, the employees of Former ACH participate in the City employee benefit plans listed on Exhibit 4.2A, copies of which plans have been provided to ACHS. A description of all employee benefits in force as of the Effective Date is set forth in Exhibit 4.213. The employees of Former ACH who are listed on Exhibit 4.2C are at the date of that exhibit on maternity, family, disability or other leave, as indicated on that exhibit. 4.3 Collective Bargaining Agreements. City represents that it is not a party to or otherwise subject to any collective bargaining agreements with respect to any of the employees of Former ACH and that there is no pending or threatened labor dispute, strike, work stoppage, or election concerning bargaining representation concerning such employees. 4.4 Offer of Employment by ACHS and Related Processes. As of the Effective Date, ACHS shall offer employment in positions comparable to their last employment or personal services WGISEA 237B37.05 Page 6 June 5, 1996 contract with Former ACH to all employees and personal services contractors of Former ACH, With an initial total compensation package and total benefits package comparable in value to that in effect immediately prior to the Effective Date, including but not limited to retirement benefits. ACHS shall not be required to offer or provide identical benefits to employees of Former ACH. City shall assign and ACHS shall assume sponsorship of those Former ACH Employee Benefit Plans listed on Exhibit 4.213; City and ACHS shall execute such other agreements and take any and all other actions necessary or appropriate to effectuate the assignment and assumption of such plans. City hereby agrees to terminate as of the Effective Date those Former ACH Employee Benefit Plans listed on Exhibit 4.2D. ACHS shall recognize Former ACH-recognized continuous length of service for employees of Former ACH as if earned at ACHS for purposes of eligibility and accrual of vacation, sick leave, bereavement leave, and other ACHS employee benefits. If, for any reason, ACHS does not continue the participation of the employees of Former ACH in the PERS retirement plan, the parties hereto agree to cooperate with respect to the termination(or freezing of the assets) of such plan, and ACHS agrees that in such event it will use its best efforts to replace such coverage with a similar retirement plan. ACHS shall carry forward accumulated vacation and sick leave (as shown on Exhibit 4.2E, as updated to the Effective Date) for all employees of Former ACH except as City has paid such persons for such accruals pursuant to its legal obligations and notified ACHS in writing of the extinguishment of the accrual in that manner, prior to or as of the Effective Date. Time carried forward shall be limited to any maximum accumulation provisions in ACHS's employment policies, and the future use, forfeiture, and other terms of the time carried forward shall be subject to ACHS's current or then existing policies in all respects. ACHS shall notify City in writing not less than 5 days before the Effective Date of any accumulated time which exceeds its maximum accumulation policies, and City shall make any legally-required payment for time which cannot be carried forward. ACHS's future relationships with the employees of Former ACH will be subject to applicable policies of ACHS and will not be based on their prior City employment or contract status. After the Effective Date, ACHS shall be free to implement its own employee policies and programs, P P 4 provided that the specific requirements of this Agreement shall be honored in doing so. ACHS 1 shall be under no continuing commitment or obligation to continue the employment of any or all of the Former ACH employees. 4.5 Termination by City of Employees of Former ACH. City shall take all steps and give all notices required to terminate all employees of Former ACH. Such notices will be given in compliance with any employment agreements then in effect and all applicable laws and regulations, including giving notice of any lay off or "plant closure" required under federal or state law by reason of such terminations. ACHS shall be responsible to give any required notice of layoff or "plant closure" under federal or state law by reason of any failure to timely offer and implement employment for employees of Former ACH or any subsequent decision to terminate or lay off some or all of them after the Effective Date. WGIM 237037.05 Page 7 June 5, 1996 4.6 Employees on Leave or Special Status. At the time of this Agreement, City has certain Former ACH employees on workers' compensation leave, special duty or other special status due to asserted on-the-job injury or other cause, as more fully described in Exhibit 4.217. ACHS agrees to continue such special status or appropriate alternative arrangements and to reinstate such workers when they are released to return to work in the same manner as would have been required of City by law had such persons continued in the employ of City following the Effective Date. ARTICLE 5 RELATED ORGANIZATIONS 5.1 Foundation. The City shall work with the directors and officers of the Ashland Community Hospital Foundation (the "Foundation") to accomplish such changes in the Foundation's corporate articles and bylaws as are necessary or desirable in order for the Foundation to be structured as a support organization to ACHS. Further, the City will cooperate to the fullest extent, including but not limited to communicating with donors and executing appropriate documents, to maximize the availability to ACHS of pledges and donations received by the Foundation prior to the Effective Date that were given by donors with the explicit or implicit understanding that such amounts would be used for the benefit of Former ACH. 5.2 Auxiliary. The City shall work with the directors and officers of the Ashland Community Hospital Auxiliary (the "Auxiliary") to accomplish such changes in the Auxiliary's organizational documents as are necessary or desirable for the Auxiliary to be a related organization to ACHS. 5.3 Medical Staff. ACHS shall take all steps necessary to officially recognize ACHS's relationship to the Ashland Community Hospital Medical Staff(the "Medical Staff'), including ratification of Medical Staff bylaws, rules and regulations which shall have been modified in ways that are reasonably acceptable to the Medical Staff and ACHS's Board. ARTICLE 6 OTHER PROVISIONS 6.1 Execution of Signature Cards. On the Effective Date and thereafter as required, City and ACHS shall execute any signature or access cards, asset transfer forms or instructions, or other documents necessary to effectively remove City's name and authority from accounts transferred to ACHS pursuant to Section 2.1.1 and to substitute ACHS's name therefor. ACHS shall have the responsibility to determine any such documents required and to timely present them to the City for execution. 6.2 Notification Regarding Assignment of Accounts Receivable. After the Effective Date, at ACHS's request, City shall promptly sign appropriate notices of assignment of accounts receivable to be given by ACHS to all payers and other relevant parties, and City shall otherwise WGISEA 237837.05 Page 8 June 5, 1996 give reasonable assurances of the assignment to any other party as necessary to facilitate ACHS's collection efforts. City shall promptly forward to ACHS any payments received after the Effective Date on accounts assigned to ACHS pursuant to this Agreement. 6.3 Notification of Third Parties Regarding Assignment of Contracts and Leases. Prior to the Effective Date, City shall notify each other person or entity which is a party to a contract or lease assumed by ACHS pursuant to Section 2.1.8 whose consent to assignment is required, of City's intent to transfer such contract or lease to ACHS as of the Effective Date. ACHS shall assist and cooperate with City in providing any financial statement or other assurance reasonably necessary to induce such other parties to accept the proposed assignment. If any such person or entity fails to respond favorably, objects or attempts to impose some condition which has not then been met, ACHS shall nevertheless, as between the parties to this Agreement, assume responsibility for performance of such contract or lease and City shall cooperate in facilitating such performance as needed as a conduit. 6.4 Licenses and Provider Numbers. ACHS shall take all actions necessary to obtain any license or transfer of license required for its future operation of the assets transferred and leased by the City pursuant to this Agreement, and arrange for transfer of Former ACH's existing provider number(s), or issuance of any new provider agreement and number necessary for its continued participation in federally or state funded healthcare programs, including but not limited to Medicare and Medicaid. City shall assist and cooperate by signing any necessary documents releasing the prior license or hospital provider number. 6.5 Extended Reporting (i.e., "Tail') Insurance. For a period of five years from the Effective Date, ACHS shall (a) obtain an extended reporting ("tail') insurance extension for at least a five year period for any coverage related to Former ACH or its operations which is being terminated by the City; or (b) procure a new policy of insurance for ACHS operations which is endorsed for coverage of prior unreported claims arising from the City's ownership and operation of Former ACH prior to the Effective Date. Any replacement insurance shall be designed to leave no gap based on the reporting date for liabilities prior to the Effective Date and claims not reported within the five-year period following the Effective Date. City agrees to cooperate with ACHS to the fullest extent to see that its liability protection under the Oregon Tort Claims Act is made fully applicable to any financial responsibility assumed by ACHS with respect to such claims arising prior to the Effective Date. In order to maximize the benefits of City-procured insurance, ACHS shall promptly report to City any notice of claim or other information it derives or receives at any time following the Effective Date indicating a potential specific claim based on acts, inaction, conditions or conduct of City or any person or entity for which it is or might be legally responsible, for periods prior to the Effective Date, and shall cooperate fully with City's insurer(s) in the investigation and defense of all such claims. WGISEA 237837.05 Page 9 June 5, 1996 6.6 Indemnification of the Parties. 6.6.1 Indemnification of City. ACHS hereby agrees to save, indemnify,defend and hold City, its officials, employees, agents and representatives harmless from and against all claims, losses, liabilities, damages, awards, judgments, assessments, costs and expenses of any kind or nature, including reasonable attorneys' fees, arising out of or caused or incurred by virtue of or attributable to ACHS's failure to satisfy or perform its obligations and duties arising under this Agreement, or ACHS's negligence, illegal or wrongful misconduct, or intentional acts or omissions related to this Agreement. In addition, by entering into this transaction, ACHS concurrently assumes and undertakes binding obligations to save, indemnify, defend and Bold City, its officials, employees, agents and/or representatives harmless from City obligations assumed pursuant to Section 2.1.8 and to defend and indemnify City, its officials, employees, agents and/or representatives from all expenses, claims, obligations and liabilities to the extent provided in Section 2.1.8. Neither ACHS's assumption of liabilities and obligations nor its agreement to defend and indemnify City, its officials, employees, agents and/or representatives shall create any new or additional rights in any third party. ACHS's responsibilities with respect to third parties shall be limited to assumption or indemnification of those third-party rights which such persons and/or entities would have had at the time of their assertion if asserted against the City, its officials, employees, agents and/or representatives in the absence of this transaction. Notwithstanding anything to the contrary set forth herein, for purposes of this Agreement, ACHS shall be under no obligation to City's officials, employees, agents and/or representatives unless the City has a legal duty to indemnify, defend and hold such persons harmless by reason of any acts or obligations existing as of the Effective Date or as provided for in this Agreement. 6.6.2 Indemnification of ACHS. To the extent permitted by the Oregon Constitution and the City's Charter, the City shall, within the limits of the Oregon Tort Claims Act, indemnify ACHS, its employees, agents and representatives, against any liability for damage to life or property arising from the City's activity under this Agreement. The City shall not be required to indemnify ACHS, its employees, agents and/or representatives for any such liability arising out of the wrongful acts of ACHS or the employees, agents and/or representatives of ACHS. 6.6.3 Related Notices. Each party hereto shall promptly notify the other party in writing of any claim, demand, obligation, liability, damage, recovery or deficiency for which it asserts the other party has the primary responsibility to perform or pay or to defend and indemnify it under any of the terms of this Agreement. Such notice shall include a brief description and furnish reasonable details with regard to any such matter, and the notifying party shall thereupon tender defense of such matter to the other party. The notifying party shall have the additional right, if it so elects, to participate in the defense of any such matter through counsel of its own selection but shall do so at its own expense unless separate counsel is legally or ethically required to be offered by the other party. The notifying party shall fully cooperate with the indemnifying party and its counsel and make available all books, records and documents in its possession and all personnel who have information which the indemnifying parry or its attorneys request. WGISEA 237837.05 Page 10 June 5, 1996 6.7 Disclaimer of Warranties. The assets transferred by City to ACHS pursuant to Section 2.1 are being transferred and accepted in their condition as of the Effective Date, "AS IS", WITH NO WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, any and all of which warranties (both express and implied) City disclaims. Notwithstanding the foregoing, City shall use its best efforts to secure the transfer of any merchant's or manufacturer's warranty currently in effect with respect to any of the assets transferred. 6.8 Costs of the Transaction. The expenses related to this transaction, including but not limited to costs of transferring the assets and liabilities of former ACH and terminating the Former ACH employees, which have been incurred (by City, Former ACH and/or ACHS) prior to the Effective Date shall be borne by Former ACH and, to the extent the same remain unpaid as of the Effective Date, shall be assumed by ACHS; expenses related to this transaction which are incurred later than thirty (30) days after the Effective Date shall be borne by the party incurring such expense. 6.9 Notices. All documents, notices, requests, demands and other communications that are required or permitted to be delivered or given under this Agreement shall be in writing and shall be deemed to have been duly delivered or given upon: (a) the date of delivery thereof if delivered in person, (b) one business day following the date on which such notice is sent by facsimile or telecopy, or (c) three business days following the date on which such notice is sent by registered or certified mail, return receipt requested, postage prepaid,properly to the following addresses and/or telecopy/telefax numbers: 6.9.1 If to City: City Administrator City of Ashland 20 East Main Ashland, OR 97520 6.9.2 If to ACHS: President P.O. Box 98 280 Maple Street Ashland, OR 97520 6.10 Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Oregon. 6.11 Captions. The caption headings in this Agreement are for convenience of reference only and are not intended to be, and should not be construed as, a part of this Agreement. WGISEA 237837.05 Page 11 June 5, 1996 6.12 Waiver. The provisions of this Agreement may be waived only in writing signed by the Party or Parties entitled to the benefit thereof. A waiver of any breach or failure to enforce any provision of this Agreement shall not in any way affect, limit or waive a Party's rights hereunder at any time to enforce strict compliance thereafter with every provision of this Agreement. 6.13 Parties in Interest. This Agreement shall be binding upon and shall inure solely to the benefit of the Parties hereto and their respective successors, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Agreement. This Agreement shall not be assignable other than by operation of law by either Party hereto without the prior written consent of the other. 6.14 Mutual Cooperation. The ability of each Party to perform under this Agreement depends at least in part upon the cooperation of the other Party. Accordingly, each Party agrees to cooperate with the other in good faith so that the purposes of this Agreement may be fulfilled. 6.15 Further Assurances. Each Party hereto hereby agrees that upon the written request of the other Party hereto it will do all such acts and execute all such further documents as may reasonably necessary in order to better evidence and/or perfect any of the provisions hereof or any of the rights, powers, discretions, duties and obligations intended to be created hereby and/or in order to effectuate any provision hereof or of any such further document. 6.16 Warranties of Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized to sign as the free and voluntary act and deed of the organization he or she represents. 6.17 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the transactions contemplated hereby, superseding any and all prior agreements and understandings relating to the subject matter hereof, and may not be modified, amended or terminated except in writing signed by both of the Parties. WGISEA 237837.05 Page 12 June 5, 1996 IN WITNESS WHEREOF, each of the parties hereto has duly executed this Agreement as of the date first above written. CITY OF ASHLAND By Its By Its ASHLAND COMMUNITY HEALTHCARE SERVICES 1 G1 'l is 2 ;� By Its WGISEA 237837.05 Page 13 June 5, 1996 EXHIBIT 2.2.1 REAL PROPERTY AND IMPROVEMENTS SEE ATTACHED EXHIBITS A, B, & C WGISEA 237837.05 Page 1 June 5, 1996 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY OF ASHLAND COMMUNITY HEALTHCARE SERVICES Property: ASHLAND COMMUNITY HOSPITAL Address: 280 Maple, Ashland, OR 97520 Tax Lot: 39-IE-05DB, Lot 2100 Document: Warranty Deed filed in Jackson County Courthouse(Vol. 487, Pg. 504) Description: Lots 1,2, and 3 of the Wimer Subdivision to the City of Ashland, Jackson County, Oregon. Property: JACKSON COUNTY PHYSICAL THERAPY Address: 559 Scenic Drive, Ashland, OR 97520 Tax Lots: 39-1E-05DB, Lot 2400 Document: Warranty Deed filed in Jackson County Courthouse (95-14481) Description: Lot Five(5)of the Wimer Subdivision to the City of Ashland, Jackson County, Oregon, according to the official plot thereof, now of record. EXCEPTING THEREFROM that portion of said Lot 5 lying West of a line which is 191.0 feet North 89 53' West of and which line bears North 0 31' West parallel with, the west line of Scenic Drive in said City, as conveyed to the City of Ashland, by deed recorded in Volume 488 page 21 of the Deed Records of Jackson County, Oregon. (See map attached) EXHIBIT A Page 2 I � w 29 SE 5 A ..�.. ST. 4'm ,.. aoo — sol i 1509 200 •.• 1100• (r-wsJ sY71 • Ora ac J.rra. T. k OJlac Y �. Parca 2 I Rrt.i f Z 031- c •I( , PARTITION FLAT I E 3 Z I .P' .... . (KL P-3-1993 y b 130D 1 3 IQ70 900 800r 700TM 2 Ic.s-111'WI Z 300 It - :pr 500 W 1502 F �; nm�c _ I �> P rn i rwra 1 = cr o 3 r n•r � � MAPLE - ST, u ' . I zmo 1500, 2000 Zim ` 1508 ? A HLAND I _� —E W ' moo z3ao y L itd 197001"", O0O ( H0 PIT I 201• ' "ozaac Q OKa NQ P-102-PARTIT10N! r ' O37ac a I I L I 9 0 zo . (i 3000 (702 1800 310)0-I°Izq 2 I F •a w I � 21 I a I Z 3zoo . , .... F: • —a 3�t 3;4 5001 a �. •i. - icr• I 'I �c ��. 3�Q3�• ,..+ 301 1 7 .I �- OAJ SEE DETAIL MAP 2 = e i _, 3§2 4800 4700 4702 4703 o.Qr r - .W .a. K E R R S g U00 Z s 1 Z zr r7 r_9Z,3 y ! 4°6zDOYli- 4 A.Z�p •• ..�..I • .. y%� �.-.fmll ` 50 5309^ 4 !. yw_ T. . .L700 ... ,]W 30 ... .rr i $301 , oz2m 018 a. s r ,; ,,..,�. 4Srn EXHIBIT B DESCRIPTION OF THE FACILITY ASHLAND COMMUNITY HOSPITAL Ashland Community Hospital is a multilevel 60,000 sq. ft. facility built in 1961. Several additions have been made in the interim. General Construction: • Type I building with wood framing • Wood/stucco combination siding • Concrete basement walls • Flat, single ply roof with metal mansards • Metal Windows .. both single and double pane • Fire protection and fire sprinklers throughout Floor Plan: • Three wings extending from a central hub Adjacent Building: • One cinder-block outbuilding, consisting of generator room, carpentry ship, storage area, and medical gas supplies (3200 sq. ft.). Value: • On June 30, 1996, Ashland Community Hospital has a Net Book Value of $3,200,000.00. This approximation is made up of the following as per the Marshall & Stevens Asset Report Document: Land 34,000 Land Improvements 127,000 Buildings 1,996,000 Fixed Equipment 1,097,000 NOTE: Details supporting these totals are on file in the Accounting Office of Ashland Community Hospital. EXHIBIT C Description of Non-Hospital Improvements Property Type : Office Building Location: 559 Scenic Drive, Ashland, Oregon Improvement Description: Existing wood frame single story office building with a total gross building area of approximately 2 , 248 square feet (including basement storage) . There is one (1) wood frame single story detached building of approximately 412 square feet adjacent to the main building. Site size : 21 , 774 square feet or . 50 acres . Zoning: R-2 , Low Density Multiple-Family Residential/HC, Health Care Services Zone, City of Ashland. Value : On June 30, 1996 the above described property has a Book Value of $219, 000 . 00 as per the Marshall & Stevens Asset Document . Note: Details supporting this total are on file in the Accounting Office of Ashland Community Hospital . EXHIBIT 4.1 EMPLOYEES AND SERVICE CONTRACTORS INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL �I i� WGISSA 237837.05 Page 1 June 5, 1996 EXHIBIT 4.2A CITY EMPLOYEE BENEFIT PLANS IN WHICH FORMER ACH EMPLOYEES PARTICIPATE INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL WGISEA 237837.05 Page 1 June 5, 1996 EXHIBIT 4.213 EMPLOYEE BENEFITS IN FORCE ON THE EFFECTIVE DATE INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL i WGISEA 237837.05 Page I June 5, 1996 EXHIBIT 4.2C FORMER ACH EMPLOYEES PRESENTLY ON LEAVE INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL WGISEA 237837.05 Page 1 June 5, 1996 EXHIBIT 4.21) FORMER ACH EMPLOYEE BENEFIT PLANS WHICH WILL BE TERMINATED BY CITY INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL WGISEA 237637.05 Page 1 June 5, 1996 i EXHIBIT 4.2E FORMER ACH EMPLOYEES ACCUMULATED VACATION AND SICK LEAVE INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL WGISEA 237837.05 Page 1 June 5, 1996 EXHIBIT 4.2F FORMER ACH EMPLOYEES ON SPECIAL STATUS INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL WGISEA 237837.05 Page 1 June 5, 1996 FACILITIES LEASE by and between CITY OF ASHLAND and ASHLAND COMMUNITY HEALTHCARE SERVICES TABLE OF CONTENTS Page SECTION 1 BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Basic Lease Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Significance of Basic Lease Provisions . . . . . . . . . . . . . . . . . . . . 2 t 1.3 Enumeration of Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 2 PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1.1 Hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.1.2 Other Buildings and Related Improvements . . . . . . . . . . . . 3 2.2 Lessee's Rights to the Premises . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.3 No Representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.4 Triple Net Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.5 Ownership of Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 3 TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.1 Initial Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.2 Extended Term(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 4 BASIC ANNUAL RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 5 UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . SECTION 6 PROPERTY TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6.1 Definition of Real Property Tax . . . . . . . . . . . . . . . . . . . . . . . . . 5 6.2 Lessee's Responsibility for Real Property Taxes . . . . . . . . . . . . . . 5 6.3 Personal Property Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6.4 Imposition of Taxes and Assessments . . . . . . . . . . . . . . . . . . . . . 5 SECTION 7 USE . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 5 7.1 Use of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7.2 Prohibition of Certain Activities or Uses . . . . . . . . . . . . . . . . . . . 6 7.3 Affirmative Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SECTION 8 MAINTENANCE AND REPAIRS; WGISFA 241801.05 June 5, 1996 ALTERATIONS; DESTRUCTION . . . . . . . . . . . . . . . . . . . . . . . 6 8.1 Repairs and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8.2 Capital Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8.3 Requests for Capital Improvements and Financial Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8.4 Destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 9 SUBLETTING AND ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . 8 9.1 Permitted Subletting and Use . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9.2 Prohibition on Assignment and Subletting . . . . . . . . . . . . . . . . . . 8 SECTION 10 INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10.1 Indemnification by Lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10.2 Release of Lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10.3 Litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 11 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11.1 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11.2 Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11.3 Subrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION 12 CONDEMNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12.1 Event of Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12.2 Total Taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12.3 Partial Taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12.4 Condemnation Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12.5 Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12.6 Lessee's Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I SECTION 13 MORTGAGES, LIENS, PLEDGES AND OTHER ENCUMBRANCES . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 14 FINANCING SUBORDINATION . . . . . . . . . . . . . . . . . . . . . . . 11 14.1 Subordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14.2 Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14.3 Attomment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SECTION 15 LESSEE'S RIGHT OF FIRST REFUSAL . . . . .... . . . . . . . . . . . 12 SECTION 16 EVENTS OF DEFAULT; REMEDIES OF LESSOR . . . . . . . . . . 13 16.1 Default by Lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16.2 Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16.3 Past Due Sums; Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 WGISFA 241801.05 June 5, 1996 SECTION 17 PROVISIONS APPLICABLE AT TERMINATION OF LEASE . . 14 17.1 Surrender of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17.2 Holding Over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION 18 ATTORNEYS' FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION 19 ESTOPPEL CERTIFICATE . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19.1 Lessor's Right to Estoppel Certificate . . . . . . . . . . . . . . . . . . . . 15 19.2 Effect of Failure to Provide Estoppel Certificate . . . . . . . . . . . . . 15 SECTION 20 OTHER PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20.1 Relationship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20.2 No Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20.3 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20.4 Captions; Attachments; Defined Terms . . . . . . . . . . . . . . . . . . . 16 20.5 Partial Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20.6 Inspection of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20.7 Binding Effect . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . • . 16 20.8 Choice of Law . . . . . . . . . . . . . . . . 16 20.9 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 EXHIBIT A LEGAL DESCRIPTION OF PREMISES . . . . . . . . . . . . . . . . . . 19 EXHIBIT B DESCRIPTION OF HOSPITAL FACILITY . . . . . . . . . . . . . . . . 20 . I EXHIBIT C DESCRIPTION OF NON-HOSPITAL IMPROVEMENTS . . . . . . 21 EXHIBIT D SCHEDULE OF BASIC ANNUAL RENTS . . . . . . . . . . . . . . . . 22 MI WGISEA 241801.05 Jme 5, 1996 FACILITIES LEASE by and between CITY OF ASHLAND and ASHLAND COMMUNITY HEALTHCARE SERVICES THIS FACILITIES LEASE ("Lease") is made and entered into as of the 18th day of June, 1996, by and between the City of Ashland, Oregon ("Lessor"), an Oregon municipality, and Ashland Community Healthcare Services ("Lessee"), an Oregon nonprofit corporation which is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor those certain parcels of real property described on Exhibit A, together with all facilities and other improvements located thereon including but not limited to land improvements, buildings and fixed equipment (collectively, the 'Premises"). THEREFORE, for and in consideration of the rents being paid hereunder and the terms and conditions hereof, Lessee takes and leases from Lessor the following described Premises all upon the following terms and conditions: SECTION I BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS 1.1 Basic Lease Provisions. 1.1.1 ADDRESS OF LESSOR AND RENTS PAYMENT ADDRESS: City of Ashland 20 East Main Ashland, Oregon 97520 WGISFA 241801.05 1 Jwe 5,1996 1.1.2 ADDRESS OF LESSEE: Ashland Community Healthcare Services P.O. Box 98 280 Maple Street Ashland, OR 97520 1.1.3 HOSPITAL NAME: Ashland Community Hospital 1.1.4 LEASE TERM: Ten (10) Years, with Renewal Options for four(4) additional terms of five (5) years each, but in any event an aggregate term not longer than that permitted by law. 1.1.5 COMMENCEMENT DATE: July 1, 1996 1.1.6 BASIC ANNUAL RENT: The annual amount of principal and interest payments payable on all debt obligations secured by the Premises, as they become due, which amount may be increased from time to time pursuant to the provisions of Section 8.3 below. As of the Commencement Date the annual payments are in the amount of$36,182.52. In no event shall the rent be less than One Dollar ($1) per year. PI 1.1.7 RENTAL DUE DATES: Five (5) days before principal and interest due dates. 1.2 Significance of Basic Lease Provisions. Each reference in this Lease to any of the Basic Lease Provisions contained in Section 1.1 shall be deemed and construed to incorporate all the terms referred to in such Basic Lease Provision, provided, however, that the interpretation of Basic Lease Provisions shall be controlled by the specific terms and provisions of this Lease relating to the subject matter of those Basic Lease Provisions. 1.3 Enumeration of Exhibits. The Exhibits enumerated in this Section and attached 44 to this Lease are incorporated herein by reference and are to be construed as a part of this WGISEA 241801.05 2 June 5, 1996 Lease. Each party agrees to perform any obligations on its part stated in any and all such Exhibits: Exhibit A. Legal Description of Premises Exhibit B. Description of Hospital Facility Exhibit C. Description of Non-Hospital Improvements Exhibit D. Schedule of Basic Annual Rents SECTION 2 PREMISES 2.1 Definition. The Premises,all of which are owned by Lessor, include the properties described on Exhibit A and all improvements thereon, including the following: 2.1.1 Hospital. The acute care general hospital facility described on Exhibit B (the "Hospital"). 2.1.2 Other Buildings and Related Improvements. The buildings and related improvements described on Exhibit C (collectively, "Non-Hospital Improvements"). 2.2 Lessee's Rights to the Premises. The Lessee shall only have such rights in and to the Premises as are specifically set forth herein. 2.3 No Representations. It is agreed that the description of Hospital on Exhibit B and the description of the Non-Hospital Improvements on Exhibit C do not constitute representations, covenants or warranties of any kind by Lessor, and Lessor makes no warranty or representation in regard to the Premises or its suitability for Lessee's use in providing healthcare services. Lessee acknowledges that Lessee by entering into this Lease has conducted all investigations and studies it deemed necessary for its decision to proceed with leasing the Premises. 2.4 Triple Net Lease. Lessee acknowledges that the amount of the Basic Annual Rent due hereunder has been negotiated to provide a financial return to Lessor which is equal to the principal and interest due on all of Lessor's debt obligations secured by the Premises. Accordingly, all expenses in excess of the aforesaid amounts, as more specifically set forth in this Lease, shall be home by Lessee. 2.5 Ownership of Improvements. All improvements constructed on the Premises by Lessee during the term of this Lease shall be owned by Lessee during the term of this Lease. Upon the expiration of the term and any extended term of this Lease or in the event of the sooner termination of this Lease, including without limitation any termination arising out of the default of the Lessee, all improvements to the Premises shall revert to WGISFA 241801.05 3 June 5, 1996 i and be the property of Lessor, without compensation to Lessee, free and clear of all claims against Lessor by Lessee or any third party. SECTION 3 TERM 3.1 Initial Term. The initial term of this Lease and Lessee's obligation to pay rent hereunder shall commence on July 1, 1996 (the "Commencement Date"), which date is also the effective date of a Definitive Agreement (the "Definitive Agreement") which was entered into by Lessor and Lessee on June 18, 1996. The initial term of this Lease shall expire ten (10) years after the Commencement Date. 3.2 Extended Term(s). If, at (a) the end of the initial term or (b) the end of each of three (3) extended terms of five (5) years each, the Lessee shall be continuing to provide healthcare services in the Area in accordance with the provisions of the Definitive Agreement and shall not be in default or breach of any provision of this Lease, then this Lease shall automatically be extended for an additional five (5) year term unless, prior to the end of said term, Lessee provides Lessor with one-hundred-eighty (180) days' written notice of its intention not to extend the Lease, and further provided that in the event the thirty (30) year aggregate term permitted by this Lease exceeds the maximum number of years permitted by law, the term will be reduced accordingly. Prior to each such renewal, the parties hereto shall meet and consider the advisability of amending certain terms and conditions (other than the Basic Annual Rent) in recognition of changed circumstances then applicable to this Lease. SECTION 4 BASIC ANNUAL RENT Lessee agrees to pay to Lessor as basic annual rent (the "Basic Annual Rent") at such place as Lessor may designate, without prior demand therefor and without any deduction or setoff whatsoever, the total amount of principal and interest payments which become due during such annual period on the debt obligations of Lessor which are secured by the Premises (collectively, the "Debt.=Obligations"), five business days prior to their respective due dates, as such dates and amounts are set forth on Exhibit D and as may be further modified from time to time by the mutual agreement of Lessor and Lessee as provided in Section 8.3 of this Lease. SECTION 5 . UTILITIES Lessee shall be liable for, and shall pay or cause to be paid before delinquency thereof throughout the term and any extended term of this Lease, all charges for all utility services furnished to the Premises, including but not limited to light, heat, electricity, WGISEA 241801.05 4 June 5, 1996 gas, water, telephone service, sewage service, garbage disposal, hazardous waste disposal, and other public or private utilities of every kind furnished to the Premises. Lessor shall have no liability whatsoever for the failure of any such services for any reason. SECTION 6 PROPERTY TAXES 6.1 Definition of Real Property ax. As used herein, the term 'Real Property Tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, gross receipt tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the Premises. 6.2 Lessee's Responsibility for Real Property Taxes. Subject to the provisions of Section 6.4 hereof, Lessee shall pay prior to delinquency all real property taxes applicable to the Premises during the term of this Lease. 6.3 Personal Property Taxes. Subject to the provisions of Section 6.4 hereof, Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Lessee contained on the Premises or elsewhere. 6.4 Imposition of Taxes and Assessments. In recognition of Lessor's status as an Oregon municipality and Lessee's status as an Oregon nonprofit public benefit corporation,Lessor shall cooperate with Lessee to the fullest extent during the term or any extended term of this Lease to legally avoid and/or minimize the imposition on the Premises of any of the taxes and assessments described in Section 6.1 and Section 6.3 to any extent greater than would have occurred had Lessor continued to occupy the Premises. Further, during the term or any extended term of this Lease, neither Lessor nor any agency or component part of Lessor shall impose either directly or indirectly any such tax or assessment on the Premises. SECTION 7 USE 7.1 Use of Premises. The Premises shall be used and occupied solely for the purposes of operating an acute care general hospital and performing other healthcare services and activities not inconsistent with the purposes set forth in Lessee's Articles of Incorporation as the same exist on the date hereof and for no other purpose whatsoever without the prior written consent of Lessor. WGISEA 241801.05 5 June 5, 1996 7.2 Prohibition of Certain Activities or Uses. Lessee shall not do or permit anything to be done in or about, or bring or keep anything in the Premises which is prohibited by this Lease or will, in any way or to any extent: 7.2.1 Adversely affect any fire, liability or other insurance policy carried with respect to the Hospital or other buildings and facilities on the Premises or any of their contents; 7.2.2 Conflict with or violate any law, statute, ordinance, rule, regulation or requirement of any governmental unit, agency or authority (whether existing or enacted as promulgated in the future, known or unknown, foreseen or unforeseen), provided, however, that Lessor shall not itself directly or indirectly enact or promulgate any such law, statute, ordinance, rule, regulation or requirement with the intention of causing Lessee to breach the provisions of this Lease; 7.2.3 Adversely overload the floors or otherwise damage the structural soundness of the Hospital or other buildings on the Premises. i 7.3 Affirmative Obligations. Lessee shall, at its sole cost and expenses, comply with all governmental laws, ordinances, regulations, and requirements, now in force or which hereafter may be in force, of any lawful governmental body or authorities having jurisdiction over the Premises (provided that Lessor shall not itself directly or indirectly enact or promulgate any such law, statute, ordinance, rule, regulation or requirement with the primary intention of causing Lessee to breach the provisions of this Lease). Further, Lessee will keep the Premises and every part thereof in a clean, neat, and orderly condition, free of objectionable noise, odors or nuisances (as consistent with the uses permitted under this Lease), and which in all respects and at all times fully comply with all health policy regulations, and shall not suffer, permit or commit any waste. SECTION 8 r, MAINTENANCE AND REPAIRS; ALTERATIONS; DESTRUCTION ti 8.1 Repairs and Maintenance. Lessee shall, throughout the term of this Lease, and at P its own cost and expense and without any cost or expense to Lessor, keep and maintain the Premises, the Hospital and other buildings, facilities and improvements on the Premises, and all appurtenances thereto, including the roof,foundation,bearing walls, and other structural parts of said improvements, and including parking lots and sidewalks adjacent thereto, in good condition and repair, ordinary wear and tear excepted. Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description whatsoever to the Premises, the Hospital, or any other buildings, facilities or improvements thereon. WGISEA 241801.05 6 Jun 5, 1996 8.2 Capital Improvements. Lessee shall not make or cause to be made any material alterations, additions or improvements (collectively, "Capital Improvements") which (a) alter the exterior walls of the Hospital, or (b) which exceed a project cost of$100,000, without first obtaining Lessor's written approval, which approval shall not be unreasonably withheld. Lessee may seek Lessor's approval either (a) by submitting its annual Capital Improvements plan to Lessor with a request for approval of the entire plan, or (b) on a project-specific basis, and shall present to Lessor plans and specifications for such work at the time approval is sought. In the event Lessor consents to the making of such Capital Improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense. All such work with respect to any alterations, additions, and changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the healthcare activities being conducted on the Premises shall at all times continue to operate to the fullest extent reasonably practicable. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. Any Capital Improvements to or for the Premises, including, but not limited to, wallcoverings, paneling, and built-in cabinet work, but excepting movable furniture, trade fixtures, and equipment, shall at once become a part of the realty and shall be surrendered with the Premises unless Lessor otherwise elects at the end of the term or any extended term hereof. 8.3 Requests for Capital Improvements and Financial Participation. In the event that Lessee determines that certain Capital Improvements are necessary or desirable in connection with its carrying out of its corporate purposes, it may request Lessor to acquire, construct and/or finance such Capital Improvements. Lessor hereby agrees to consider such requests in good faith. If Lessor agrees to provide such Capital Improvements and if such Capital Improvements can be exclusively financed by a debt instrument encumbering the premises, then such Capital Improvements will become subject to this Lease, and the parties hereto shall increase the Basic Annual Rent under this Lease to include the additional principal and interest payments on debt incurred by Lessor in connection therewith. Any request by Lessee hereunder shall be deemed Lessee's consent under Section 13 below for the encumbrance of the Premises. 8.4 Destruction. In the event any damage or destruction shall substantially impair the use of the Premises by Lessee and zoning or other governmental regulations do not permit repair or restoration (which Lessor hereby agrees to not directly or indirectly impose primarily for such purpose), or in the event that the buildings and improvements located on the Premises are substantially destroyed .so as to render any building(s) or improvements unfit for the purpose for which they were constructed, Lessee may elect either(a)to repair, restore, replace at Lessee's sole expense the improvements so damaged or destroyed, or (b) to terminate this Lease if and only if Lessor receives payment of the insurance proceeds specified below and such proceeds are in an amount required by this Lease. Lessee shall give not later than one hundred twenty (120) days following the date WGISEA 241801.05 7 June 5, 1996 of damage or destruction written notice to Lessor of its election. If terminated, the termination date shall be the later of (a) sixty (60) days after written notice of the termination election is received by Lessor or (b) the date Lessor receives the insurance proceeds specified herein. In the event of such termination, all rent and other obligations of Lessee shall terminate as of the effective date of the termination. SECTION 9 SUBLETTING AND ASSIGNMENT 9.1 Permitted Subletting and Use. Lessee shall be permitted to sublet portions of the Premises, and to permit the use of the Premises by other persons, only for uses that are consistent with the purposes set forth in Lessee's articles of incorporation, provided, however, that Lessee shall not, either in stages or by a single action, lease the Premises in its entirety to a single sublessee without the prior written approval of Lessor. In the event Lessee enters into a permitted sublease pursuant to this Section, such sublessee or other person using any portion of the Premises shall be bound by the terms and conditions of this Lease. 9.2 Prohibition on Assignment and Subletting. Lessee shall not transfer, assign, mortgage or hypothecate this Lease, in whole or in part, or, except as permitted by Section 9.1, sublet the Premises or any portion thereof or permit the use of the Premises by any person or persons other than Lessee, without the prior written consent of Lessor in each instance. Such prohibition against assigning or subletting shall include but not be limited to any assignment or subletting by operation of law except as permitted by Section 9.1. (As used in this Lease, the term "Assignment" includes any transfer of this Lease from the Lessee by merger, consolidation, transfer of assets, or liquidation.) Any assignment or subletting without Lessor's consent, except as permitted by Section 9.1, shall be void, and shall constitute a default hereunder which, at the option of Lessor, shall result in the termination of its Lease or exercise of Lessor's other remedies hereunder. Consent to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting, and the terms of such consent shall be binding upon any person holding by, under, or through Lessee. SECTION 10 INDEMNIFICATION 10.1 Indemnification by Lessee. Lessee shall indemnify Lessor, defend it and hold it harmless from and against any and all suits, actions, damages, claims, liability, and expense in connection with loss of life, bodily or personal injury, or property damage arising from or out of any occurrence in, upon, at or from the Premises, or the occupancy or use by Lessee of the premises or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees or licensees. I, WG[SEA 241801-05 8 J me 5, 1996 10.2 Release of Lessor. Lessor shall not be responsible or liable at any time for any loss or damage to Lessee's personal property or to Lessee's business, including any loss or damage to either the person or property of Lessee that may be occasioned or in connection with the Premises or the Hospital. 10.3 Litigation. In the event that Lessor, without fault on its part, shall be made party to any litigation commenced by or against Lessee or in respect to the Premises or the Hospital, then Lessee shall protect and hold Lessor harmless and shall pay all costs, expenses, and reasonable attorney's fees to the extent of the indemnity. SECTION 11 INSURANCE 11.1 Property Insurance. Lessee shall obtain on or before the Commencement Date, and thereafter maintain in full force and effect during the term or any extended term of this Lease, a property insurance policy or policies (or in the alternative, provide evidence of a properly funded and administered self-insurance program that is acceptable to Lessor, acting reasonably, and the holder of any debt secured by the Premises) covering loss or damage to the Premises and the Hospital, in the amount of the full replacement value thereof, as the same may exist from time to time and be established by Lessor, but in no event less than the total amount required by any lender having a lien on the Premises, against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event the same is required by a lender having a lien on the Premises), earthquake (in the event the same is required by a lender having a lien on the Premises) and special extended perils ("all risk" as such term is used in the insurance industry. Said insurance shall provide for payment of loss thereunder to Lessor or to the holders of mortgages or deeds of trust on the Premises. If Lessee shall fail to procure and maintain such insurance coverage as required, Lessor may, but shall not be required to, procure and maintain the same, but at the expense of Lessee. 11.2 Liability Insurance. Lessee shall, during the entire term and any extended term hereof, keep in full force and effect a policy or policies of public liability and property damage insurance (or in the alternative, provide evidence of a properly funded and administered self-insurance program acceptable to the Lessor, acting reasonably, and the holder of any debt secured by the Premises) with respect to the Premises and the hospital and healthcare operations and activities conducted by Lessee in the Premises, with a combined single limit for personal or bodily injury and property damage of not less than $10,000,000. The policy shall name Lessor, any lender to Lessor who has a lien on the Premises, and Lessee as insureds, and shall contain a clause that the insurer will not cancel or change the insurance without fast giving Lessor ten (10) days' written notice. The insurance shall be provided by an insurance company licensed to provide such coverage in the State of Oregon (or in the alternative, through a properly funded and administered self-insurance program), and a copy of the policy or a certificate of WGISEA 241801.05 9 June 5, 1996 insurance (or written evidence of such self-insurance program) shall be delivered to Lessor. All such coverage shall be written to provide primary coverage, not secondary or supplemental to coverage which Lessor may carry. All such policies shall contain a provision that Lessor, whether or not named as an insured, shall be entitled to recover under said policies for any loss occasioned to it, its officials, agents, employees and representatives by reason of the negligence of Lessee. All such insurance shall specifically insure the performance of Lessee of the indemnity agreement as to liability for injury to or death of persons or injury or damage to property contained in Section 10 above. 11.3 Subrogation. Lessee waives its rights of subrogation against Lessor for any reason whatsoever, and any insurance policies herein required to be procured by Lessee shall contain an express waiver of any right of subrogation by the insurer against Lessor. SECTION 12 CONDEMNATION 12.1 Event of Condemnation. In the event that the Premises, or any part thereof, shall be taken for public purposes by condemnation (which the Lessor hereby agrees not to cause directly or indirectly during the term or any extended term of this Lease) as a result of any action or proceeding in eminent domain, or shall be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of Lessor and Lessee in the award or consideration for such transfer and the effect of the taking or transfer upon this Lease shall be as set forth in this Section 12. 12.2 Total Taking. If, during the term or any extended term hereof, there shall be a total taking, then the leasehold estate of Lessee in and to the Premises and Lessee's obligations under this Lease shall cease and terminate as of the date the actual physical possession thereof shall be so taken. The term "total taking", as used in this Section, means the taking of the entire Premises or a taking of so much of such Premises as to prevent or substantially impair the conduct of Lessee's business thereon. 12.3 Partial Taking. The term "partial taking" means the taking of a portion only of such Premises which does not constitute a total taking as above defined. If, during the term or any extended term hereof, there shall be a partial taking of the Premises, this Lease shall terminate as to the portion of the Premises taken upon the date upon which actual possession of the portion of the Premises is taken, but the Lease shall continue in full force and effect as to the remainder of the Premises. The Lessor shall apply all proceeds received by it to repayment of the debt obligations secured by the Premises, and the rental payable by Lessee for the balance of the term shall be adjusted in accordance with the resultant change in principal and interest payments due thereon. WGISEA 241801.05 10 June 5, 1996 12.4 Condemnation Proceeds. The award or other consideration for the transfer shall first be paid to Lessor to the extent of the fair market value of the Premises and improvements thereon, excluding from that consideration any amount attributable to the diminution of Lessee's leasehold interests and/or any loss or cost sustained by Lessee in the removal of Lessee's fixtures, equipment and furnishings, or as a result of any alterations, modifications, or repairs which may be reasonably required by Lessee in order to replace the remaining portion of the Premises not so condemned in a suitable condition for the continuation of Lessee's tenancy. 12.5 Termination. If this Lease is terminated, in whole or in part, pursuant to any of the provisions of this Section, all rentals and other charges payable by Lessee to Lessor hereunder shall be paid up to the date upon which actual physical possession shall have been taken by the condemnor. 12.6 Lessee's Award. In the event of a partial taking, if Lessee receives pursuant to Section 12.4 above an award in condemnation for such purpose, it shall be the obligation of Lessee to make all repairs and alterations as may be required to be made to promptly restore the improvements to an architectural unit so that the improvements shall be made ready for the continued use and occupancy of the Premises not so taken. SECTION 13 MORTGAGES, LIENS, PLEDGES AND OTHER ENCUMBRANCES Lessor shall not encumber, mortgage or pledge the Premises without the prior written consent of Lessee. Lessee shall not cause, suffer, or permit any liens or other encumbrances to be attached or filed against the Premises and shall immediately discharge and remove any such liens or encumbrances. SECTION 14 FINANCING SUBORDINATION 14.1 Subordination. Lessee acknowledges that it might be necessary for Lessor or its successors or assigns to secure mortgage loan financing or refinancing affecting the Premises. Lessee also acknowledges that the lender interested in any given loan may desire that Lessee's interests under this Lease be either superior or subordinate to the mortgage then held or to be taken by said lender. Accordingly, Lessee agrees that at the request of Lessor at any time and from time to time, Lessee shall execute and deliver to Lessor an instrument, in form reasonably acceptable to Lessor, whereby Lessee subordinates its interests under this Lease and in the Premises to such of the following encumbrances as may be specified by Lessor: any mortgage or trust deed and customary related instruments are herein collectively referred to merely as a"Mortgage"and securing a loan obtained by Lessor or its successors or assigns for the purpose of enabling acquisition and/or construction of additional improvements on the Premises, to provide WGISFA 241801.05 11 June 5, 1996 standing or permanent financing for the improvements, or for the purpose of refinancing any such construction, acquisition, standing or permanent loan; provided, however, that any such instrument or subordination executed by Lessee shall provide that so long as Lessee continues to perform all of its obligations under this Lease its tenancy shall remain in full force and effect notwithstanding Lessor's default in connection with the Mortgage concerned or any resulting foreclosure or sale or transfer in lieu of such proceedings. Lessee shall not subordinate its interests hereunder or in the Premises to any lien or encumbrance other than the Mortgage described in and specified pursuant to this Section 14.1 without the prior written consent of Lessor and of the lender interested under each mortgage then affecting the Premises. Any such unauthorized subordination by Lessee shall be void and of no force or effect whatsoever. 14.2 Amendment. Lessee recognizes that Lessor's ability from time to time to obtain construction, acquisition, standing and/or permanent mortgage loan financing for the Hospital and/or the Premises may in part be dependent upon the acceptability of the terms of this Lease to the lender concerned. Accordingly, Lessee agrees that from time to time it shall, if so requested by Lessor and if doing so will not substantially and adversely affect Lessee's economic interests hereunder,join with Lessor in amending this Lease so as to meet the needs or requirements of any lender which is considering making or which has made a loan secured by a mortgage affecting the Premises. 14.3 Attornment. Subject to Section 15 hereof, any sale, assignment, or transfer of Lessor's interest under this Lease or in the Premises, including any such disposition resulting from Lessor's default under a mortgage, shall be subject to this Lease and shall recognize such successor or assigns as Lessor under this Lease, regardless of any rule of law to the contrary or absence of privity of contract. SECTION 15 LESSEE'S RIGHT OF FIRST REFUSAL ¢ In the event Lessor determines to sell, convey or otherwise transfer or dispose of, in whole or in part, the Premises and/or any of its improvements including the Hospital, Lessee shall fast be given sixty (60) days in which to exercise a right of first refusal N to acquire such assets from Lessor by matching the terms and conditions of any bona fide offer, and Lessor hereby agrees to cooperate with Lessee to the fullest extent to enable Lessee, if it so desires, to exercise such option and effect such acquisition. In the event such disposition is a result of Lessor's default under a mortgage, Lessor hereby agrees that Lessor shall cooperate with Lessee to enable Lessee to cure such default on behalf of Lessor. WGISEA 241801.05 12 June 5, 1996 SECTION 16 EVENTS OF DEFAULT; REMEDIES OF LESSOR 16.1 Default by Lessee. Upon the occurrence of any of the following events, Lessor shall have the remedies set forth in Section 16.2: 16.1.1 Lessee fails to pay any installment of Basic Annual Rent, or any other sum due hereunder within three (3) days after the same shall be due; 16.1.2 Lessee fails to perform any other term, condition, or covenant to be performed by it pursuant to this Lease within thirty (30) days after written notice of such default shall have been given Lessee by Lessor; 16.1.3 Lessee becomes (either voluntarily or involuntarily) bankrupt or insolvent; or files in any court pursuant to state or federal statute a petition in bankruptcy or insolvency, reorganization, or appointment of a receiver or trustee; or suffers this Lease to be taken under a writ of execution; 16.1.4 Lessee's working capital ratio, as defined in accordance with generally accepted accounting principles, at the end of any two consecutive calendar quarters, is less than 2 to 1; 16.1.5 Lessee's debt service coverage(including lease payments under this Lease), as determined based on Lessee's audited annual financial statements, for any fiscal year is less than 1.25 to 1; 16.1.6 Lessee fails to continuously maintain its State of Oregon license to operate the Hospital; 16.1.7 Lessee's Hospital ceases to be an accredited facility, or Lessee fails to take reasonable corrective action with respect to one or more significant patient care deficiencies noted in an accreditation survey; or 16.1.8 Lessee fails to timely provide Lessor with its audited annual financial statements,periodic unaudited financial information, and other information concerning its operations which has been reasonably requested from time to time by Lessor, and does not correct such deficiency within thirty (30) days after written notice of such failure has been provided to Lessee by Lessor. 16.2 Remedies. Upon the occurrence of the events set forth in Section 16.1, Lessor shall have the option to take any or all of the following actions, without further notice or demand of any kind to Lessee or any other person; WGISEA 241801.05 13 June 5, 1996 16.2.1 Terminate this Lease by written notice to Lessee. In the event of such termination, Lessee agrees to immediately surrender possession of the Premises. Should Lessor terminate this Lease, it may recover from Lessee all damages it may incur by reason of Lessee's breach, including the cost of recovering the Premises, reasonable attorneys' fees, and the worth, at the time of such termination, of the excess, if any, of the amount of rent and charges equivalent to the excess, if any, of rent which under this Lease would have been payable during the remainder of the stated term over the then reasonable rental value (consistent with prevailing rental rates in the healthcare industry) of the Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Lessee to Lessor; 16.2.2 Immediately enter the Premises and exercise full authority and control over the operation of the Hospital; 16.2.3 Dissolve Lessee's corporation and distribute its remaining assets in accordance with the provisions of its Articles of Incorporation. 16.3 Past Due Sums; Penalty. If Lessee fails to pay, when the same is due and payable, any Basic Annual Rent or other sum required to be paid by it hereunder, such unpaid amounts shall bear interest from the due date thereof to the date of payment at a fixed rate equal to the greater of twelve (12) percent per annum or two (2) percent per annum above the prime rate of interest quoted by the Wall Street Journal as of such due date. In addition thereto, for any amounts which are delinquent by thirty (30)or more days, Lessor may charge a sum of five (5) percent of such unpaid amounts as a late charge. The parties agree that such late charge is a reasonable approximation of the additional handling costs and administrative charges that would be incurred by Lessor on account of any such delinquency. Lessor shall have the right and election to advance on behalf of Lessee any monies or obligations required to be paid or performed by Lessee hereunder. Any monies so advanced shall be repayable on demand and shall bear interest at the rate stated in this Section. SECTION 17 PROVISIONS APPLICABLE AT TERMINATION OF LEASE N 17.1 Surrender of Premises. At the expiration of this Lease, Lessee shall surrender the Premises in the same condition as they were in upon delivery of possession thereto under this Lease, ordinary wear and tear and modifications permitted by the terms of this Lease excepted, and shall deliver all keys to Lessor. Before surrendering the Premises, Lessee shall remove all of its personal property and trade fixtures, and such property or the removal thereof shall in no way damage the Premises, and Lessee shall be responsible for all costs, expenses and damages incurred in the removal thereof. If Lessee fails to remove its personal property and fixtures upon the expiration of this Lease, the same shall be deemed abandoned and shall become the property of Lessor. WG[SEA 241801.05 14 June 5, 1996 17.2 Holding Over. Any holding over after the expiration of the term or any extended term hereof shall be construed to be a tenancy from month to month at the rents herein specified (prorated on a monthly basis) and shall otherwise be on the terms herein specified so far as possible. SECTION 18 ATTORNEYS' FEES In the event that at any time during the term of this Lease either Lessor or Lessee defaults pursuant to the terms hereof, the defaulting party shall reimburse the reasonable attorneys' fees and costs incurred by the non-defaulting party on account of said default, including the costs and fees attributed to the commencement of any action or proceeding on account of such default and on appeal of the same. SECTION 19 ESTOPPEL CERTIFICATE 19.1 Lessor's Right to Estoppel Certificate. Lessee shall, within fifteen (15) days after Lessor's request, execute and deliver to Lessor a written declaration in recordable form: (a) ratifying this Lease; (b) expressing the Commencement Date and termination date hereof, (c) certifying that this Lease is in full force and effect and has not been assigned, modified, supplemented or amended (except by such writing as shall be stated): (d) that all conditions under this Lease to be performed by Lessor have been satisfied; (e) that there are no defenses or offsets against the enforcement of this Lease by Lessor(or stating such defenses or offsets as Lessee contends to exist); (f) the amount of advance rental, if any (or none if such is the case) paid by Lessee; (g) the date to which rental has been paid; (h) such other information as Lessor may reasonably request. Lessor's mortgage lenders and/or purchasers shall be entitled to rely upon such declaration. 19.2 Effect of Failure to Provide Estoppel Certificate. Lessee's failure to furnish any estoppel certificate within fifteen(15)days after request therefor shall be deemed a default hereunder and, moreover, it shall be conclusively presumed that: (a) this Lease is in full force and effect without modification in accordance with the terms set forth in the request; (b) that there are no unusual breaches or defaults on the part of Lessor; and (c) no rent has been paid in advance. SECTION 20 OTHER PROVISIONS 20.1 Relationship. Lessor does not by this Lease, in any way or for any purpose, become a partner or joint venturer of Lessee in the conduct of its activities or otherwise. WGISFA 241801.05 is - Jme 5, 1996 20.2 No Waiver. Failure of Lessor to insist upon the strict performance of any provision or to exercise any option hereunder shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived unless such waiver be in writing signed by Lessor. 203 Notices. Any notice, demand, request, or other instrument which may be or is required to be given under this Lease shall be delivered in person or sent by United States certified or registered mail, postage prepaid, and shall be addressed (a) if to Lessor, at the place specified for payment of rent, and (b) if to Lessee, either at the Premises or at any other current address for Lessee which is known to Lessor. Either party may designate such other address as shall be given by written notice. 20.4 Captions' Attachments; Defined Terms. The captions to the sections of this Lease are for convenience of reference only and shall not be deemed relevant in resolving questions of construction or interpretation under this Lease. Exhibits referred to in this Lease, and any addenda and schedules attached to this Lease shall be deemed to be incorporated in this Lease as though part thereof. 20.5 Partial Invalidity. If any provisions of this Lease or the application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held to be invalid shall not be affected thereby and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 20.6 Inspection of Premises. Lessor shall have the right, on reasonable notice of at least twenty-four (24) hours, from time to time to inspect the Premises and the Hospital and to show the Premises and Hospital to third parties for the purposes of lease, sale or financing. Lessee shall cooperate with Lessor to permit such inspection. 20.7 Bindina Effect. Except as otherwise provided herein, all provisions herein shall be binding upon and shall inure to the benefit of the parties, their legal representatives, heirs, successors and assigns. Each provision to be performed by Lessee shall be construed to be both a covenant and a condition, and Lessee shall be bound by such provisions. In the event of any sale or assignment (except for purposes of security or collateral) by Lessor of the Hospital, the Premises, or this Lease, Lessor shall, from and after the Commencement Date (irrespective of when such sale or assignment occurs), be entirely relieved of all of its obligations hereunder and such obligations shall, as of the time of such sale or assignment or on the Commencement Date, whichever is later, automatically pass to Lessor's successor in interest. 20.8 Choice of Law. This Lease shall be governed by and construed in accordance with the laws of the State of Oregon. WGISEA 241801.05 16 June 5, 1996 20.9 Entire Agreement. This Lease and the Exhibits, Riders and/or Addenda, if any, attached hereto, constitute the entire agreement between the parties. All Exhibits, Riders, or Addenda mentioned in this Lease are incorporated herein by reference. Any prior conversations or writings are merged herein and extinguished. No subsequent amendment to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed. Submission of this Lease for examination does not constitute an option for the Premises and becomes effective as a lease only upon execution and delivery thereof by Lessor to Lessee. If any provision contained in a Rider or Addendum is inconsistent with a provision in the body of this Lease, the provision contained in said Rider or Addendum shall control. The captions and Section numbers appearing herein are inserted only as a matter of convenience and are not intended to define, limit, construe or describe the scope or intent of any Section or paragraph. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the day first set forth above. LESSOR: THE CITY OF ASHLAND By Its By Its LESSEE: ASHLAND COMMUNITY HEALTHCARE SERVICES Bye By 5►1 �_"� Its (L , WGISEA 241801.05 17 June 5, 1996 STATE OF OREGON ) ) ss COUNTY OF JACKSON ) I certify that I know or have satisfactory evidence that and signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the and of The City of Ashland to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 1996. Notary Public Title: My commission expires: STATE OF OREGON ) ss COUNTY OF JACKSON ) I certify that I know or have satisfactory evidence that sz �•-� 4d o�tsxL and �l�lt��/°��.c�3�asar�, signed this instrument, on oath stated that they were�au orized to exe ute a instrument and acknowledged it as the �Ifs6iiti and of Ashland YCommunity Healthcare Services to be the free and voluntary act of suEh party for the uses and purposes mentioned in the instrument. Dated: (1rrrrw // 1996. OFFICIAL SEAL e __ GLENDA D. COLE Notary Public NOTARY PUBLIC-OREGON Title: COMMISSION N0. 025405 MY COMMISSION EXPIRES JULY 23, 1997 My commission expires: 01-�3- 97' WGISFA 241801.05 18 June 5, 1996 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY OF ASHLAND COMMUNITY HEALTHCARE SERVICES Property: ASHLAND COMMUNITY HOSPITAL Address: 280 Maple, Ashland, OR 97520 Tax Lot: 39-lE-05DB, Lot 2100 Document: Warranty Deed filed in Jackson County Courthouse (Vol. 487, Pg. 504) Description: Lots 1,2, and 3 of the Wimer Subdivision to the City of Ashland, Jackson County, Oregon. Property: JACKSON COUNTY PHYSICAL THERAPY Address: 559 Scenic Drive, Ashland, OR 97520 Tax Lots: 39-1E-05DB, Lot 2400 Document: Warranty Deed filed in Jackson County Courthouse (95-14481) Description: Lot Five(5)of the Wimer Subdivision to the City of Ashland, Jackson County, Oregon, according to the official plot thereof, now of record. EXCEPTING THEREFROM that portion of said Lot 5 lying West of a line which is 191.0 feet North 89 53' West of and which line bears North 0 31' West parallel with, the west line of Scenic Drive in said City, as conveyed to the City of Ashland, by deed recorded in Volume 488 page 21 of the Deed Records of Jackson County, Oregon. (See map attached) EXHIBIT A Page 2 E _V IE 5 nG ST. �Nl 4r.n .]]. ..... .Y,.v' .. 4� 0 Qm• 501 • -• `m•r• I /-Rh� �F k �00 '� -1100' 0311[ (74w1J ! .. �4•etl 22 2 0231c — e i(Rlta� t ' PARTITION FLAT 1 � 7 ! ,10, -- __ -s• 1..41 P-3-1993 E XI 1337 ]r T+' 'Z IG ]0411 00 t I 3 10 9m 800 7m ] 7m 500 " 4i �f> 1' y � 10•<N 1 ^ i 2 O_ MAPLE ,• .- ST. --- c 1 ..•,r I ..emu• ,tf 2000 am 00 24 I$O0 lsoe ? t A IHLAND -� — = 0 0.2i« > OI�CY 2`�m t 2 t CO MUNITIj 024 u 1900IF'•u� fO0 I HO PITAL , 5 O lcll• _ rPARTITION PLAT N0 PLAT N a271c i `` 0 , . . 3000 not 1700 1 I 71m ; ` 3200 ... M.i• yl �r �- ..• �•� r-..ILA ... u'. �a �t 3;2-4 .•.._ I 5001 P z 4 r •.. � 1 +V yw 3�IY• 3600 3 v �- W euaQ 5°6100 a•7 SEE C-qALINA DETAIL -MAP 2 i ' 3§_92 6900 4700 4702 4703 o. .• Id K E R R S B. t 3900 Y 4 . 1 1 2 3 5 �.•1 i! P� i •49'0'j', - yr Yf r JY�+ r- fr• y f 4600-0� •Kll•Or�4 �p.x121 .1 .SR �•-. r•-�•1�• �Z_r�, 3 Y re. tr 1):57: . _'t�Q-�1 9 R` 5305 53J9^ !. i $301 , - EXHIBIT B DESCRIPTION OF THE FACILITY ASHLAND COMMUNITY HOSPITAL Ashland Community Hospital is a multilevel 60,000 sq. ft. facility built in 1961. Several additions have been made in the interim. General Construction: • Type I building with wood framing • Wood/stucco combination siding • Concrete basement walls • Flat, single ply roof with metal mansards • Metal Windows .. both single and double pane • Fire protection and fire sprinklers throughout Floor Plan: • Three wings extending from a central hub Adjacent Building: • One cinder-block outbuilding, consisting of generator room, carpentry ship, storage area, and medical gas supplies (3200 sq. ft.). Value: • On June 30, 1996, Ashland Community Hospital has a Net Book Value of $3,200,000.00. This approximation is made up of the following as per the Marshall & Stevens Asset Report Document: Land 34,000 Land Improvements 127,000 Buildings 1,996,000 Fixed Equipment 1,097,000 NOTE: Details supporting these totals are on file in the Accounting Office of Ashland Community Hospital. EXHIBIT C Description of Non-Hospital Improvements Property Type : Office Building Location: 559 Scenic Drive, Ashland, Oregon Improvement Description: Existing wood frame single story office building with a total gross building area of approximately 2, 248 square feet (including basement storage) . There is one (1) wood frame single story detached building of approximately 412 square feet adjacent to the main building. Site size : 21 , 774 square feet or . 50 acres. Zoning: R-2, Low Density Multiple-Family Residential/HC, Health Care Services Zone, City of Ashland. Value : On June 30, 1996 the above described property has a Book Value of $219, 000 . 00 as per the Marshall & Stevens Asset Document . I, Note : Details supporting this total are on file in the Accounting Office of Ashland Community Hospital. EXHIBIT D JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 1 365 DAY SCHEDULE Name: CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments : 240 First Payment Date : 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 Handling Charge 4 . 00 $3, 015 . 21 For Each Transaction. PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC BAL ------ -------- ---------- ---------- ----------- ---------- ----------- 1 7/01/95 565. 18 2, 446. 03 2, 446. 03 . 00 359, 434. 82 2 8/01/95 569. 02 2, 442. 19 4, 888. 22 . 00 358, 865. 80 3 9/01/95 5722. 89 2, 438. 32 7, 3226. 54 . 00 358, 292. 91 4 10/01/95 655. 31 2, 355. 90 9, 682. 44 . 00 357, 637. 60 5 11/01/95 581. 23 2, 429. 98 12, 112. 42 . 00 357, 056. 37 6 12/01/95 663. 44 2, 347. 77 14, 460. 19 . 00 356, 392. 93 TOTALS FOR 1995: 3, 607. 07 14, 460. 19 14, 460. 19 . 00 356, 392. 93 7 1/01/96 589. 69 2, 4221. 52 2, 421. 522 . 00 355, 803. 24 8 2/01/96 593. 70 2, 417. 51 4, 839. 03 . 00 355, 209. 54 9 3/01/96 753. 44 22, 257. 77 7, 096. 80 . 00 354, 456. 10 10 4/01/96 602. 85 2, 408. 36 9, 505. 16 . 00 353, 853. 2225 11 5/01/96 684. 50 2, 326. 71 11, 831. 87 . 00 353, 168. 75 122 6/01/96 611. 60 2, 399. 61 14, 231. 48 . 00 3522, 557. 15 13 7/01/96 693. 03 2, 316. 18 16, 549. 66 . 00 351, 864. 12 14 8/01/96 620. 46 2, 390. 75 18, 940. 41 . 00 351, 243. 66 15 9/01/96 624. 68 2, 386. 53 21, 326. 94 . 00 350, 618. 98 16 10/01/96 705. 77 2, 305. 44 23, 632. 38 . 00 349, 913. 21 17 11/01/96 633. 72 2, 377. 49 26, 009. 87 . 00 349, 279. 49 18 12/01/96 714. 58 2, 296. 63 28, 306. 50 . 00 348, 564. 91 TOTALS FOR 1996: 7, 828. 02 28, 306. 50 28, 306. 50 . 00 348, 564. 91 19 1/01/97 642. 88 2, 368. 33 2, 368. 33 . 00 347, 922. 03 20 2/01/97 647. 25 2, 363. 96 4, 732. 29 . 00 347, 274. 78 21 3/01/97 879. 99 2, 131. 22 6, 863. 51 . 00 346, 394. 79 22 4/01/97 657. 62 2, 353. 59 9, 217. 10 . 00 345, 737. 17 23 5/01/97 737. 87 2, 273. 34 11, 490. 44 . 00 344, 999. 30 24 6/01/97 667. 11 2, 344. 10 13, 834. 54 . 00 344, 332. 19 25 7/01/97 747. 11 2, 264. 10 16, 098. 64 . 00 343, 585. 08 26 8/01/97 676. 71 2, 334. 50 18, 433. 14 . 00 342, 908. 37 27 9/01/97 681. 31 2, 329. 90 20, 763. 04 . 00 342, 227. 06 28 10/01/97 760. 95 2, 250. 26 23, 013. 30 . 00 341, 466. 11 29 11/01/97 691. 11 2, 320. 10 25, 333. 40 . 00 340, 775. 00 30 12/01/97 770. 50 2, 240. 71 27, 574. 11 . 00 340, 004. 50 TOTALS FOR 1997: 8, 560. 41 . 27, 574. 11 27, 514. 11 . 00 340, 004. 50 31 1/01/98 701. 04 2, 310. 17 2, 310. 17 . 00 339, 303. 46 32 2/01/98 705. 81 2, 305. 40 4, 615. 57 . 00 338, 597. 65 33 3/01/98 933. 24 2, 077. 97 6, 693. 54 . 00 337, 664. 41 •ki amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE c^ 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments: 240 First Payment Date : 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC BAL ------ -------- ---------- ---------- ----------- ---------- ----------- 34 4/01/98 716. 94 2, 294. 27 8, 987. 81 . 00 336, 947. 47 35 5/01/98 795. 67 2, 215. 54 11, 203. 35 . 00 336, 151. 80 36 6/01/98 727. 22 2, 283. 99 13, 487. 34 . 00 335, 4224. 58 37 7/01/98 805. 68 2, 205. 53 15, 692. 87 . 00 334, 618. 90 38 8/01/98 737. 63 2, 273. 58 17, 966. 45 . 00 333, 881. 27 39 9/01/98 742. 65 2, 268. 56 20, 235. 01 . 00 333, 138. 62 40 10/01/98 820. 71 2, 190. 50 22, 425. 51 . 00 3322, 317. 91 41 11/01/98 753. 27 2, 257. 94 24, 683. 45 . 00 331, 564. 64 42 12/01/98 831. 06 2, 180. 15 26, 863. 60 . 00 330, 733. 58 TOTALS FOR 1998: 9, 270. 92 26, 863. 60 26, 863. 60 . 00 330, 733. 58 43 1/01/99 764. 03 2, 247. 18 2, 247. 18 . 00 3229, 969. 55 44 2/01/99 769. 223 2, 241. 98 4, 489. 16 . 00 329, 2200. 32 45 3/01/99 990. 91 2, 020. 30 6, 509. 46 . 00 328, 209. 41 46 4/01/99 781. 18 2, 230. 03 8, 739. 49 . 00 327, 428. 23 47 5/01/99 858. 26 2, 152. 95 10, 892. 44 . 00 326, 569. 97 48 6/01/99 792. 32 2, 218. 89 13, 111. 33 . 00 325, 777. 65 49 7/01/99 869. 11 2, 142. 10 15, 253. 43 . 00 324, 908. 54 50 8/01/99 803. 61 2, 207. 60 17, 461. 03 . 00 324, 104. 93 51 9/01/99 809. 07 2, 2202. 14 19, 663. 17 . 00 323, 295. 86 52 10/01/99 885. 43 2, 125. 78 21, 788. 95 . 00 322, 410. 43 53 11/01/99 820. 59 22, 190. 622 223, 979. 57 . 00 321, 589. 84 54 12/01/99 896. 65 2, 114. 56 26, 094. 13 . 00 320, 693. 19 TOTALS FOR 1999: 10, 040. 39 26, 094. 13 26, 094. 13 . 00 320, 693. 19 55 1/01/00 832. 25 2, 178. 96 2, 178. 96 . 00 319, 860. 94 56 2/01/00 837. 91 2, 173. 30 4, 352. 26 . 00 319, 023. 03 57 3/01/00 983. 45 2, 027. 76 6, 380. 02 . 00 318, 039. 58 58 4/01/00 850. 28 21160. 93 8, 540. 95 . 00 317, 189. 30 59 5/01/00 925. 58 2, 085. 63 10, 626. 58 . 00 316, 263. 72 60 6/01/00 862. 35 2, 148. 86 12, 775. 44 . 00 315, 401. 37 61 7/01/00 937. 34 2, 073. 87 14, 849. 31 . 00 314, 464. 03 62 8/01/00 874. 58 2, 136. 63 16,985. 94 . 00 313, 589. 45 63 9/01/00 880. 52 2, 130. 69 19, 116. 63 . 00 312, 708. 93 64 10/01/00 955. 04 2, 056. 17 21, 172. 80 . 00 311, 753. 89 65 11/01/00 892. 99 2, 118. 22 23, 291. 02 . 00 310, 860. 90 66 12/01/00 967. 19 2, 044. 02 25, 335. 04 . 00 309, 893. 71 TOTALS FOR 2000: 10, 799. 48 25, 335. 04 25, 335. 04 . 00 309, 893. 71 An amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 3 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate : 8. 000 Number of Payments : 240 First Payment Date : 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC BAL ------ -------- ---------- ---------- ----------- ---------- ----------- 67 1/01/01 973. 55 2, 037. 66 2, 037. 66 . 00 308, 920. 16 68 2/01/01 912. 25 2, 098. 96 4, 136. 62 . 00 308, 007. 91 69 3/01/01 1, 1220. 97 1, 890. 24 6, 026. 86 . 00 306, 886. 94 70 4/01/01 926. 06 2, 085. 15 8, 112. 01 . 00 305, 960. 88 71 5/01/01 999. 41 22, 011. 80 10, 123. 81 . 00 304, 961. 47 72 6/01/01 939. 14 2, 072. 07 12, 195. 88 . 00 304, 022. 33 73 7/01/01 1, 012. 16 1, 999. 05 14, 194. 93 . 00 303, 010. 17 74 8/01/01 952. 40 2, 058. 81 16, 2253. 74 . 00 302, 057. 77 75 9/01/01 958. 87 2, 052. 34 18, 306. 08 . 00 301, 098. 90 76 10/01/01 1, 031. 38 1, 979. 83 20, 285. 91 . 00 300, 067. 52 77 11/01/01 972. 39 2, 038. 82 222, 324. 73 . 00 299, 095. 13 78 12/01/01 1, 044. 56 1, 966. 65 24, 2291. 38 . 00 298, 050. 57 TOTALS FOR 22001 : 11, 843. 14 224, 291. 38 24, 291. 38 . 00 298, 050. 57 79 1/01/02 986. 10 2, 025. 11 2, 025. 11 . 00 297, 064. 47 80 2/01/02 992. 80 2, 018. 41 4, 043. 52 . 00 296, 071. 67 81 3/01/02 1, 194. 22 1, 816. 99 5, 860. 51 . 00 294, 877. 45 82 4/01/02 1, 007. 66 22, 003. 55 7, 864. 06 . 00 293, 869. 79 83 5/01/02 1, 078. 92 1, 932. 29 9, 796. 35 . 00 292, 790. 87 84 6/01/02 1, 021. 84 1, 989. 37 11, 785. 72 . 00 291, 769. 03 85 7/01/02 1, 092. 73 1, 918. 48 13, 704. 20 . 00 290, 676. 30 86 8/01/02 1, 036. 20 1, 975. 01 15, 679. 21 . 00 289, 640. 10 87 9/01/02 1, 043. 24 1, 967. 97 17, 647. 18 . 00 288, 596. 86 88 10/01/02 1, 113. 59 1, 897. 62 19, 544. 80 . 00 287, 483. 27 89 11/01/02 1, 057. 90 1, 953. 31 21, 498. 11 . 00 286, 425. 37 90 12/01/02 1, 127. 87 1, 883. 34 23, 381. 45 . 00 285, 297. 50 TOTALS FOR 2002: 12, 753. 07 . 23, 381. 45 23, 381. 45 . 00 285, 297. 50 91 1/01/03 1, 072. 75 1, 938. 46 1, 938. 46 . 00 284, 224. 75 92 2/01/03 1, 080. 04 1, 931. 17 3, 869. 63 . 00 283, 144. 71 93 3/01/03 1, 273. 55 1, 737. 66 5, 607. 29 . 00 281, 871. 16 94 4/01/03 1, 096. 03 1, 915. 18 7, 522. 47 . 00 280, 775. 13 95 5/01/03 1, 165. 02 1, 846. 19 9, 368. 66 . 00 279, 610. 11 96 6/01/03 1, 111. 39 1, 899. 82 11, 268. 48 . 00 278, 498. 72 97 7/01/03 1, 179. 99 1, 831. 22 13, 099. 70 . 00 277, 318. 73 98 8/01/03 1, 126. 96 1, 884. 25 14, 983. 95 . 00 276, 191. 77 99 9/01/03 1, 134. 62 1, 876. 59 16, 860. 54 . 00 275, 057. 15 100 10/01/03 1, 202. 62 1, 808. 59 18, 669. 13 . 00 273, 854. 53 101 11/01/03 1, 150. 50 1, 860. 71 20, 529. 84 . 00 272, 704. 03 102 12/01/03 1, 218. 09 1, 793. 12 22, 322. 96 . 00 271, 485. 94 An amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 4 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments : 240 First Payment Date: 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC 8AL ------ -------- ---------- ---------- ----------- ---------- ----------- TOTALS FOR 2003: 13, 811. 56 22, 3222. 96 22, 322. 96 . 00 2271, 485. 94 103 1/01/04 1, 166. 59 1, 844. 62 1, 844. 62 . 00 270, 319. 35 104 2/01/04 1, 174. 52 1, 836. 69 3, 681. 31 . 00 269, 144. 83 105 3/01/04 1, 300. 48 1, 710. 73 5, 392. 04 . 00 267, 844. 35 106 4/01/04 1, 191. 34 1, 819. 87 7, 211. 91 . 00 266, 653. 01 107 5/01/04 1, 257. 88 1, 753. 33 8, 965. 24 . 00 265, 395. 13 108 6/01/04 1, 2207. 98 1, 803. 223 10, 768. 47 . 00 264, 187. 15 109 7/01/04 1, 274. 09 1, 737. 12 12, 505. 59 . 00 262, 913. 06 110 8/01/04 1, 2224. 84 1, 786. 37 14, 2291. 96 . 00 261, 688. 222 111 9/01/04 1, 233. 16 1, 778. 05 16, 070. 01 . 00 260, 455. 06 112 10/01/04 1, 298. 63 1, 712. 58 17, 782. 59 . 00 259, 156. 43 113 11/01/04 1, 250. 37 1, 760. 84 19, 543. 43 . 00 257, 906. 06 114 12/01/04 1, 315. 39 1, 695. 822 21, 239. 225 . 00 256, 590. 67 TOTALS FOR 2004: 14, 895. 27 21, 239. 25 21, 239. 25 . 00 256, 590. 67 115 1/01/05 1, 267. 80 1, 743. 41 1, 743. 41 . 00 255, 322. 87 116 2/01/05 1, 276. 41 1, 734. 80 3, 478. 21 . 00 254, 046. 46 117 3/01/05 1, 452. 13 1, 559. 08 5, 037. 29 . 00 2522, 594. 33 118 4/01/05 1, 294. 95 1, 716. 26 6, 753. 55 . 00 251, 299. 38 119 5/01/05 1, 358. 83 1, 652. 38 8, 405. 93 . 00 249, 940. 55 120 6/01/05 1, 312. 98 1, 698. 23 10, 104. 16 . 00 248, 627. 57 121 7/01/05 1, 376. 40 1, 634. 81 11, 738. 97 . 00 247, 251. 17 122 8/01/05 1, 331. 26 1, 679. 95 13, 418. 92 . 00 245, 919. 91 123 9/01/05 1, 340. 30 1, 670. 91 15, 089. 83 . 00 244, 579. 61 124 10/01/05 1, 403. 02 1, 608. 19 16, 698. 02 . 00 243, 176. 59 125 11/01/05 1, 358. 94 1, 652. 27 18, 350. 29 . 00 241, 817. 65 126 12/01/05 1, 421. 18 1, 590. 03 19, 940. 32 . 00 240, 396. 47 �' TOTALS FOR 2005: 16, 194. 20 19, 940. 32 19, 940. 32 . 00 240, 396. 47 127 1/01/06 1, 377. 83 1, 633. 38 1, 633. 38 . 00 239, 018. 64 128 2/01/06 1, 387. 19 1, 624. 022 3, 257. 40 . 00 237, 631. 45 129 3/01/06 1, 552. 87 1, 458. 34 4, 715. 74 . 00 236, 078. 58 130 4/01/06 1, 407. 17 1, 604. 04 6, 319. 78 . 00 234, 671. 41 131 5/01/06 1, 468. 17 1, 543. 04 7, 862. 82 . 00 233, 203. 24 132 6/01/06 1, 426. 71 1, 584. 50 9, 447. 32 . 00 231, 776. 53 133 7/01/06 1, 487. 20 1, 524. 01 10, 971. 33 . 00 230, 289. 33 134 8/01/06 1, 446. 50 1, 564. 71 12, 536. 04 . 00 228, 842. 83 135 9/01/06 1, 456. 33 1, 554. 88 14, 090. 92 . 00 227, 386. 50 An amortization schedule is accurate ONLY if full payments are made on time. �I JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 5 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments: 240 First Payment Date: 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC 8AL ------ -------- ---------- ---------- ----------- ---------- ----------- 136 10/01/06 1, 516. 07 1, 495. 14 15, 58G. 06 . 00 225, 870. 43 137 11/01/06 1, 476. 53 1, 534. 68 17, 120. 74 . 00 224, 393. 90 138 122/01/06 1, 535. 74 1, 475. 47 18, 596. 21 . 00 2222, 858. 16 TOTALS FOR 2006: 17, 538. 31 18, 596. 21 18, 596. 21 . 00 222, 858. 16 139 1/01/07 1, 497. 00 1, 514. 21 1, 514. 21 . 00 221, 361. 16 140 2/01/07 1, 507. 17 1, 504. 04 3, 018. 225 . 00 219, 853. 99 141 3/01/07 1, 661. 97 1, 349. 24 4, 367. 49 . 00 218, 192. 02 142 4/01/07 1, 528. 70 1, 482. 51 5, 850. 00 . 00 216, 663. 32 143 5/01/07 1, 586. 57 1, 424. 64 7, 274. 64 . 00 215, 076. 75 144 6/01/07 1, 549. 87 1, 461. 34 8, 735. 98 . 00 213, 526. 88 145 7/01/07 1, 607. 20 1, 404. 01 10, 139. 99 . 00 211, 919. 68 146 8/01/07 1, 571. 32 1, 439. 89 11, 579. 88 . 00 210, 348. 36 147 9/01/07 1, 581. 99 1, 4229. 22 13, 009. 10 . 00 2208, 766. 37 148 10/01/07 1, 638. 50 1, 372. 71 14, 381. 81 . 00 207, 127. 87 149 11/01/07 1, 603. 88 1, 407. 33 15, 789. 14 . 00 205, 523. 99 150 12/01/07 1, 659. 82 1, 351. 39 17, 140. 53 . 00 203, 864. 17 TOTALS FOR 2007: 18, 993. 99 17, 140. 53 17, 140. 53 . 00 203, 864. 17 151 1/01/08 1, 626. 05 1, 385. 16 1, 385. 16 . 00 202, 238. 12 152 2/01/08 1, 637. 10 1, 374. 11 2, 759. 27 . 00 200, 601. 02 153 3/01/08 1, 736. 16 1, 275. 05 4, 034. 32 . 00 198, 864. 86 154 4/01/08 1, 660. 02 1, 351. 19 5, 385. 51 . 00 197, 204. 84 155 5/01/08 1, 714. 52 1, 296. 69 6, 682. 20 . 00 195, 490. 32 156 6/01/08 1, 682. 95 1, 328. 26 8, 010. 46 . 00 193, 807. 37 157 7/01/08 1, 736. 86 1, 274. 35 9, 284. 81 . 00 192, 070. 51 158 8/01/08 1, 706. 18 11305. 03 10, 589. 84 . 00 190, 364. 33 159 9/01/08 1, 717. 78 1, 293. 43 11, 883. 27 . 00 188, 646. 55 160 10/01/08 1, 770. 79 1, 240. 42 13, 123. 69 . 00 186, 875. 76 161 11/01/08 1, 741. 48 1, 269. 73 14, 393. 42 . 00 185, 134. 28 162 12/01/08 1, 793. 89 1, 217. 32 15, 610. 74 . 00 183, 340. 39 TOTALS FOR 2008: 20, 523. 78 15, 610. 74 15, 610. 74 . 00 183, 340. 39 163 1/01/09 1, 765. 50 1, 245. 71 1, 245. 71 . 00 181, 574. 89 164 2/01/09 1, 777. 50 1, 233. 71 2, 479. 42 . 00 179, 797. 39 165 3/01/09 1, 907. 80 1, 103. 41 3, 582. 83 . 00 177, 889. 59 166 4/01/09 1, 802. 54 1, 208. 67 4, 791. 50 . 00 176, 087. 05 167 5/01/09 1, 853. 38 1, 157. 83 5, 949. 33 . 00 174, 2233. 67 168 6/01/09 1, 827. 38 1, 183. 83 7, 133. 16 . 00 172, 406. 29 An amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 6 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments: 240 First Payment Date : 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC BAL ------ -------- ---------- ---------- ----------- ---------- ----------- 169 7/01/09 1, 877. 58 1, 133. 63 8, 266. 79 . 00 170, 528. 71 170 8/01/09 1, 852. 55 1, 158. 66 9, 425. 45 . 00 168, 676. 16 171 9/01/09 1, 865. 14 1, 146. 07 10, 571. 52 . 00 166, 811. 022 172 10/01/09 1, 914. 37 1, 096. 84 11, 668. 36 . 00 164, 896. 65 173 11/01/09 1, 890. 82 1, 120. 39 122, 788. 75 . 00 163, 005. 83 174 12/01/09 1, 939. 39 1, 071. 82 13, 860. 57 . 00 161, 066. 44 TOTALS FOR 22009: 22, 2273. 95 13, 860. 57 13, 860. 57 . 00 161, 066. 44 175 1/01/10 1, 916. 84 1 , 094. 37 1, 094. 37 . 00 159, 149. 60 176 2/01/10 1, 929. 86 1, 081. 35 2, 175. 72 . 00 157, 219. 74 177 3/01/10 2, 046. 35 964. 86 3, 140. 58 . 00 155, 173. 39 178 4/01/10 1, 956. 88 1, 054. 33 4, 194. 91 . 00 153, 216. 51 179 5/01/10 2, 003. 76 1 , 007. 45 5, 202. 36 . 00 151, 212. 75 180 6/01/10 1, 983. 79 1, 027. 42 6, 229. 78 . 00 149, 228. 96 181 7/01/10 2, 029. 98 981. 23 7, 211. 01 . 00 147, 198. 98 1822 8/01/10 2, 011. 06 1, 000. 15 8, 211. 16 . 00 145, 187. 92 183 9/01/10 2, 024. 73 986. 48 9, 197. 64 . 00 143, 163. 19 184 10/01/10 2, 069. 86 941. 35 10, 138. 99 . 00 141, 093. 33 185 11/01/10 22, 052. 55 958. 66 11, 097. 65 . 00 139, 040. 78 186 12/01/10 2, 096. 97 914. 24 12, 011. 89 . 00 136, 943. 81 TOTALS FOR 2010: 24, 122. 63 12, 011. 89 12, 011. 89 . 00 136, 943. 81 187 1/01/11 2, 080. 74 930. 47 930. 47 . 00 134, 863. 07 y 188 2/01/11 2, 094. 88 916. 33 1, 846. 80 . 00 132, 768. 19 7 189 3/01/11 2, 196. 41 814. 80 2, 661. 60 . 00 130, 571. 78 190 4/01/11 2, 124. 04 887. 17 3, 548. 77 . 00 128, 447. 74 V 191 5/01/11 2, 166. 62 1344. 59 4, 393. 36 . 00 126, 281. 12 192 6/01/11 2, 153. 19 858. 02 5, 251. 38 . 00 124, 127. 93 193 7/01/11 2, 195. 03 816. 18 6, 067. 56 . 00 121, 932. 90 194 8/01/11 2, 182. 73 828. 48 6, 896. 04 . 00 119, 750. 17 195 9/01/11 2, 197. 56 813. 65 7, 709. 69 . 00 117, 552. 61 196 10/01/11 2, 238. 26 772. 95 8, 482. 64 . 00 115, 314. 35 197 11/01/11 2, 227. 70 783. 51 9, 266. 15 . 00 113, 086. 65 198 12/01/11 2, 267. 63 743. 58 10, 009. 73 . 00 110, 819. 02 TOTALS FOR 2011 : 226, 124. 79 ,10, 009. 73 10, 009. 73 . 00 110, 819. 02 199 1/01/12 2, 258. 25 752. 96 752. 96 . 00 108, 560. 77 200 2/01/12 2, 273. 59 737. 62 1, 490. 58 . 00 106, 287. 18 201 3/01/12 2, 335. 63 675. 58 2, 166. 16 . 00 103, 951. 55 An amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 7 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments: 240 First Payment Date : 7/01/95 Payment Frequency: M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC PAL ------ -------- ---------- ---------- ----------- ---------- ----------- 202 4/01/12 2, 304. 91 706. 30 2, 872. 46 . 00 101, 646. 64 203 5/01/12 2, 342. 85 668. 36 3, 540. 82 . 00 99, 303. 79 204 6/01/12 2, 336. 49 674. 72 4, 215. 54 . 00 96, 967. 30 205 7/01/12 2, 373. 62 637. 59 4, 853. 13 . 00 94, 593. 68 206 8/01/12 2, 368. 49 642. 7 2 5, 495. 85 . 00 92, 225. 19 207 9/01/12 2, 384. 58 626. 63 6, 122. 48 . 00 89, 840. 61 208 10/01/12 2, 420. 48 590. 73 6, 713. 21 . 00 87, 420. 13 209 11/01/12 2, 417. 23 593. 98 7, 307. 19 . 00 85, 002. 90 210 12/01/12 2, 452. 29 558. 92 7, 866. 11 . 00 82, 550. 61 TOTALS FOR 2012: 28, 268. 41 7, 866. 11 7, 866. 11 . 00 82, 550. 61 211 1/01/13 2, 450. 32 560. 89 560. 89 . 00 80, 100. 29 212 2/01/13 2, 466. 97 544. 24 1, 105. 13 . 00 77, 633. 32 213 3/01/13 2, 534. 78 476. 43 1, 581. 56 . 00 75, 098. 54 214 4/01/13 2, 500. 95 510. 26 2, 091. 82 . 00 72, 597. 59 215 5/01/13 2, 533. 86 477. 35 2, 569. 17 . 00 70, 063. 73 216 6/01/13 2, 535. 16 476. 05 3, 045. 22 . 00 67, 528. 57 217 7/01/13 2, 567. 19 444. 02 3, 489. 24 . 00 64, 961. 38 218 8/01/13 2, 569. 83 441. 38 3, 930. 62 . 00 62, 391. 55 219 9/01/13 2, 587. 29 423. 92 4, 354. 54 . 00 59, 804. 26 2 20 10/01/13 2, 617. 98 393. 23 4, 747. 77 . 00 57, 186. 28 221 11/01/13 2, 622. 66 388. 55 5, 136. 32 . 00 54, 563. 62 222 12/01/13 2, 652. 44 358. 77 5, 495. 09 . 00 51, 911. 18 TOTALS FOR 2013: 30, 639. 43 5, 495. 09 5, 495. 09 . 00 51, 911. 18 223 1/01/14 2, 658. 50 352. 71 352. 71 . 00 49, 252. 68 224 2/01/14 2, 676. 56 334. 65 687. 36 . 00 46, 576. 12 225 3/01/14 2, 725. 37 285. 84 973. 20 . 00 43, 850. 75 226 4/01/14 2, 713. 27 297. 94 1, 271. 14 . 00 41, 137. 48 227 5/01/14 2, 740. 72 270. 49 1, 541. 63 . 00 38, 396. 76 228 6/01/14 2, 750. 32 260. 89 1, 802. 52 . 00 35, 646. 44 229 7/01/14 2, 776. 82 234. 39 2, 036. 91 . 00 32, 869. 62 230 8/01/14 2, 787. 88 223. 33 2, 260. 24 . 00 30, 081. 74 231 9/01/14 2, 806. 82 204. 39 2, 464. 63 . 00 27, 274. 92 2232 10/01/14 2, 831. 87 179. 34 2, 643. 97 . 00 24, 443. 05 233 11/01/14 2, 845. 13 166. 08 2, 810. 05 . 00 21, 597. 92 234 12/01/14 2, 869. 20 142. 01 2, 952. 06 . 00 18, 728. 72 TOTALS FOR 2014: 33, 182. 46 2, 952. 06 2, 952. 06 . 00 18, 728. 72 An amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 6/06/96 LOAN AMORTIZATION SCHEDULE PAGE 8 365 DAY SCHEDULE Name : CE 11617 Loan Amount : 360, 000. 00 Interest Rate: 8. 000 Number of Payments: 240 First Payment Date: 7/01/95 Payment Frequency : M Date Start Interest : 5/31/95 Payment Amount : 3, 011. 21 Days Int in 1st Pymt : 31 PYMT # DUE DATE PRINCIPAL INTEREST YTD INT UNPAID INT PRINC 8AL ------ -------- ---------- ---------- ----------- ---------- ----------- 235 1/01/15 2, 883. 96 127. 25 127. 25 . 00 15, 844. 76 236 2/01/15 2, 903. 55 107. 66 234. 91 . 00 12, 941. 21 237 3/01/15 2, 931. 79 79. 42 314. 33 . 00 10, 009. 4 2 238 4/01/15 2, 943. 20 68. 01 382. 34 . 00 7, 066. 22 239 5/01/15 2, 964. 75 46. 46 428. 80 . 00 4, 101. 47 240 6/01/15 4, 101. 47 27. 87 456. 67 . 00 . 00 TOTALS FOR 2015: 18, 728. 72 456. 67 456. 67 . 00 . 00 F GRAND TOTALS: 360, 000. 00 363, 808. 53 LAST PYMT AMT: 4, 129. 34 x P h An amortization schedule is accurate ONLY if full payments are made on time. JACKSON COUNTY TITLE 06'/Q6/96 ACCOUNT HISTORY LEDGER PAGE 1 ACCOUNT # 11617 Buyer: Seller: CITY OF ASHLAND VALDOMAR. J SWANSON ATTN: PAUL NOLTE JANICE. M SWANSON 20 E MAIN STREET 375 OLD GREENSPRINGS ASHLAND OR 97520 ASHLAND OR 97520 ORIGINAL BALANCE 360, 000. 00 YTD INTEREST PAID 11, 932. 38 REMAINING BALANCE 3511544. 03 YTD PRINCIPAL PAID 31123. 67 P & I PYMT AMT 3, 011. 21 RESERVE BALANCE . 00 INTEREST RATE 8. 000 LTE CHG BALANCE . 00 INTEREST PAID TO 05/20/96 TRUST BALANCE . 00 # DATE TRANSACTION AMOUNT INT PD TO PRINCIPAL INTEREST END BAL -- -------- ------------- ---------- --------- ---------- --------- ---------- BAL FORWARD . 00 12/18/95 . 00 . 00 354667. 70 1 1/22/96 PAYMENT 3011. 21 1/22/96 290. 47 2720. 74 354377. 23 2 1/22/96 BUYER FEE PMT 3. 00 1/22/96 . 00 . 00 354377. 23 3 2/20/96 PAYMENT 3011. 21 2/20/96 758. 73 2252. 48 353618. 50 4 2/20/96 BUYER FEE PMT 3. 00 2/20/96 . 00 . 00 353618. 50 5 3/18/96 PAYMENT 3011. 21 3/18/96 918. 56 2092. 65 352699. 94 6 3/18/96 BUYER FEE PMT 3. 00 3/18/96 . 00 . 00 352699. 94 7 4/19/96 PAYMENT 3011. 21 4/19/96 537. 48 2473. 73 352162. 46 8 4/19/96 BUYER FEE PMT 3. 00 4/19/96 . 00 . 00 35221622. 46 9 5/20/96 PAYMENT 3011. 21 5/20/96 618. 43 2392. 78 351544. 03 10 5/20/96 BUYER FEE PMT 3. 00 5/20/96 . 00 . 00 351544. 03 Please use the Year-to-Date Interest Paid amount for your tax records. JACKSON COUNTY TITLE ACCOUNT HISTORY LEDGER PAGE 1 ACCOUNT # 11617 Buyer: Seller: CITY OF ASHLAND VALDOMAR. J SWANSON ATFN: PAUL NOLIE JANICE. M SWANSON 20 E MAIN STREET 375 OLD GREENSPRINGS ASHLAND OR 97520 ASHLAND OR 97520 ORIGINAL BALANCE 36, 000. 00 YTD INTEREST PAID 15, 746. 17 REMAINING BALANCE 354, 667. 70 YTD PRINCIPAL PAID 5, 332. 30 P R I PYMT AMT 3, 011. 21 RESERVE BALANCE . 00 INTEREST RATE 8. 000 LTE CHG BALANCE . 00 INTEREST PAID TO 12/18/95 TRUST BALANCE . 00 # DAFE TRANSACTION AMOUNT INT PD TO PRINCIPAL INTEREST END BAL -- -------- ------------- ---------- --------- ---------- --------- ---------- 1 6/23/95 PAYMENT 3011. 21 6/23/95 1196. 42 1814. 79 358803. 58 22 6/23/95 BUYER FEE PMT 3. 00 6/223/95 . 00 . 00 358803. 58 3 7/24/95 PAYMENT 3011. 21 7/24/95 573. 31 2437. 90 358230. 27 4 7/24/95 BUYER FEE GMT 3. 00 7/24/95 . 00 . 00 358230. 27 5 8/21/95 PAYMENT 3011. 21 8/21/95 812. 76 2198. 45 357417. 51 6 8/221/95 BUYER FEE PMT 3. 00 8/21/95 . 00 . 00 357417. 51 7 9/18/95 PAYMENT 3011. 21 9/iB/95 817. 74 2193. 47 356599. 77 8 9/18/95 BUYER FEE PMT 3. 00 9/18/95 . 00 . 00 356599. 77 9 10/19/95 PAYMENT 3011. 21 10/19/95 588. 29 2422. 92 356011. 48 10 10/19/95 BUYER FEE PMT 3. 00 10/19/95 . 00 . 00 356011. 48 11 11/20/95 PAYMENT 3011. 21 11/20/95 514. 225 2496. 96 355497. 23 12 11/220/95 BUYER FEE GMT 3. 00 11/220/95 . 00 . 00 355497. 23 13 12/18/95 PAYMENT 3011. 21 12/18/95 829. 53 2181. 68 354667. 70 14 12/18/95 BUYER FEE PMT 3. 00 122/18/95 . 00 . 00 354667. 70 Yi P V. Please use the Year-to-Date Interest Paid amount for your tax records. RESOLUTION NO. 96- A RESOLUTION ADOPTING A TRANSPORTATION UTILITY RATE SCHEDULE PURSUANT TO SECTION 4.26.020 OF THE ASHLAND MUNICIPAL CODE. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The "Transportation Utility Rate Schedule," marked "Exhibit A" and attached to this Resolution, is adopted as the transportation user fees. SECTION 2. The rates adopted on "Exhibit A" shall be increased annually on July 1st, based on the Engineering News Record Construction Cost Index (ENR). The initial ENR is established at 5596.94. The City Administrator will provide the City Council with a review of the rate structure within five years from the date of this Resolution. SECTION 3. Three copies of this Resolution and 'Exhibit A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 4. The rates adopted pursuant to this Resolution shall be effective on or after July 1, 1996. SECTION 5. Resolution 94-47 is repealed on the effective date of this Resolution. i SECTION 6. The fees imposed by this Resolution are classified as not subject to the limits of Section 1 l of Article XI of the Oregon Constitution (Ballot Measure No. 5). This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney CITY OF ASHLAND RESOLUTION 96-_ Exhibit A Effective July 1, 1996 ITEM INITIAL FEE INITIAL ENR UNIT ENR Jul-96 1. TRANSPORTATION FEE 5596.94 A. Single Family 2.15 /month 5596.94 5596.94 B. Multiple Family 1.65 /month 5596.94 5596.94 C. Retail Store 0.29 /100 sf 5596.94 5596.94 D. wholesale Use 0.17 /100 sf 5596.94 5596.94 E. Office Use 0.20 /100 sf 5596.94 5596.94 F. Medical/Dental Use 0.26 /100 sf 5596.94 5596.94 G. Service Use 0.26 /100 sf 5596.94 5596.94 H. Restaurant/Bar Use 0.76 /100 sf 5596.94 5596.94 I. Manufacturing Use 0.17 /100 sf 5596.94 5596.94 J. Warehousing Use 0.10 /100 sf 5596.94 5596.94 K. Hotel/Motel Use 0.76 /room 5596.94 5596.94 L. Institutional and a 0.76 /room 5596.94 5596.94 other accounts not N j classified above i NOTE: Users within the Downtown Overlay District Shall be i charged on the same basis as elsewhere within the City. The minimum fee for any com 1.87 5,596.94 2. SPECIAL TRANSPORTATION FEE A. Single Family 0.26 /month 5596.94 B. Multiple Family 0.19 /month 5596.94 C. Retail Store 0.04 /100 sf 5596.94 D. Wholesale Use 0.02 /100 sf 5596.94 E. Office Use 0.02 /100 sf 5596.94 F. Medical/Dental Use 0.04 /100 sf 5596.94 G. Service Use 0.04 /100 sf 5596.94 H. Restaurant/Bar Use 0.10 /100 sf 5596.94 I. Manufacturing Use 0.02 /100 sf 5596.94 J. Warehousing Use 0.01 /100 sf 5596.94 K. Hotel/Motel Use 0.10 /room 5596.94 L. Institutional and a 0.10 /room 5596.94 other accounts not classified above NOTE: Users within the Downtown Overlay District Shall be charged on the same basis as elsewhere within the City. The minimum fee for any commercial account is 0.26 A Gf ASq,' - � Pmarandum �4EGO June 12, 1996 Q: Mayor and City Council Aram: Jill Turner, Director of Finance *NC& Budget Transfers Recommendations: Staff recommends the approval of the attached resolution amending the 1995-96 Budget. Discussion: It is normal that Budget amendments are made this time of year. This resolution lists several changes that need to be made to the Budget. Each change is explained after the numbers. i RESOLUTION NO. 96- A RESOLUTIONTTRANSFERRING APPROPRIATIONS WITHIN THE 1995-96 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Due to the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: GENERAL FUND To Planning Division 15,000 From Contingency 15,000 This appropriation will cover costs associated with contracted planning services. CEMETERY FUND To Personnel Services 5,000 From Contingency 5,000 This appropriation will cover higher than expected wage rates for seasonal employees. STREET FUND To Storm Drain Maintenance 45.000 From Contingency 45,000 This appropriation will cover extra costs incurred this winter on storm drain maintenance and repair, including Clark Ave. SEWER FUND To Professional Fees--WWTP 65,000 From Contingency 65,000 This appropriation covers additional professional fees incurred in the WWTP approval process. INSURANCE SERVICES FUND To Interfund Loan 140.000 From Contingency $140,000 This appropriation covers the expenditure side of the loan made to the Ambulance Fund for the down payment for the business and the up-front working capital. This will be repaid in 1996-97. EQUIPMENT FUND I To Capital--Land $100,000 Contracted Services 10 From Contingency 100,000 This appropriation covers the cost of the land on the "B" Street yard expansion. The contracted services covers additional work being performed by outsiders. ASHLAND YOUTH ACTIVITIES LEVY FUND To Personnel Services 10,000 Community Activities 9.500 From Contingency 19,500 This appropriation covers the costs associated with additional youth programs. HOSPITAL FUND To Personnel Services--Wages 200,000 Personnel Services--Benefits 100.000 From Contingency $300,000 This appropriation covers wage increases given during the year. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Reviewed as to form: " Paul Nolte, City Attorney GAbudget\Wfa2.96 I' I A-loot Emar � n � �xm RIG . June 11, 1996 I ` 0: Honorable Mayor and City Council YDrit: Brian L. Almquist, City Administratq p�1I�1jQCt: Transit Center on "A" Street During goal setting last November, I mentioned to you that I had a discussion with Paul Comstock of Ashland Hardware about a possible equity trade for land he purchased from SPRR.Mr. Comstock and his partners purchased this land as a possible new location for Ashland Hardware.This is the same land that Councilor Hagen and I have considered as a site for a transit center/Greyhound stop. The City still holds the contract with Mr. Comstock and his partners for the land now occupied by Ashland Hardware and other small businesses. This was the former site of the City corporation yard which was sold to them in the early 1980's. The idea I presented to Mr. Comstock was a trade for his equity in the SP land for the balance due on his City contract, plus some cash. I spoke with Mr. Comstock on Monday and he related to me that he and his partners are pretty firm on needing the SP site for expansion. He had originally expressed an interest in my proposal, hoping that he could find a larger site in Ashland, but has been unsuccessful in finding an alternate site for his growing business. Although he did not close the door on my original idea, I was not encouraged by my telephone conversation yesterday. The purpose of this memo was to simply keep you up to date since it is one of our 1996-97 goals. (rCameil\C.wla\TmrtCir.m®) a.w.u... I EGO June• June 11, 1996 I p, Honorable Mayor and City Council runt Brian L. Almquist, City Administrate �u�tjgt�: Transit Center on "A" Street During goal setting last November, I mentioned to you that I had a discussion with Paul Comstock of Ashland Hardware about a possible equity trade for land he purchased from SPRR.Mr. Comstock and his partners purchased this land as a possible new location for Ashland Hardware. This is the same land d=Councilor Hagen and I have considered as a site for a transit center/Greyhound stop. The City still holds the contract with Mr. Comstock and his partners for the land now occupied by Ashland Hardware and other small businesses.This was the former site of the City corporation yard which was sold to than in the early 1980's. The idea I presented to Mr. Comstock was a trade for his equity in the SP land for the balance due on his City contract, plus some cash. I spoke with Mr. Comstock on Monday and he mated to me that he and his partners are pretty firm on needing the SP site for expansion. He had originally expressed an interest in my proposal, hoping that he could find a larger site in Ashland, but has been unsuccessful in finding an alternate site for his growing business. Although he did not close the door on my original idea, I was not encouraged by my telephone conversation yesterday. The purpose of this memo was to simply keep you up to date since it is one of our 1996-97 goals. (r.Cwmn71(iml+\TmatCtr.m®)