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Home My WebLink AboutApplication APPLICANT 3/4/2009 [City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Date Reced: MAR 04 2009. Original SubmittlOl Development Issues Meeting (DIM) .. " ~'" ,., , . " . ( -' , "- ~ . ,Require~ Proje~t:I,\formation ". , ' (Ap/?licant:, complete. fJjjs:seffion) Prospective Applicant Name: CarlKem Phone: 686,1262 Icompanv: ShelterCare Fax: 6860359 I~~d.ress:_. .,17~OVll1th~u?ene:.<?R97402. .,,' .., ..... .." .. .. ,. "'"'' '.' d. J r~1j\"~'~;\'~J(;;H,~\W.1,..i"m~\Cl\'~,-\ff,it11%l,;~QiW}'''''~~~o/1.~~i?&i'''~l'g"-"@..\%~~f~~.A)h,~",4;li'l'.\i;t\l<~~._':'i!;,:,,'.t~~!k~_~,,;!I~IJ}'~\:'3l~,,",ill1'f,'.,",',,;,:;:JI:-.xl~}t'~,'(.)),.&':l:'.',~~~,,~~~,';M:.~-~./l)j,j'''''_f...:,'~__j Prospective . I' I Applicant's Rep.: Anne.DeLaney . Phone: 683-8661 Company: Bergsund DeLaney Architecture & Olanning I Fax: 683-1136 i I IAddress: 1369 Olive Street Eugene, OR 97401 . j l~hr~;!!:i'f~1l~:"!.'":M;;J'ii~5M~~:I\L;.:~-',;J~1(j~:mi~~"ij':ijV',';C':I.~..>!ii1WtJio.7\~:lS,<f;,~;'~:j,'.\":W<:~";:'#;GWiiiii~!~~iF:,'li,~:t"f.~!!.'::t.,<::~~~~~~",l.;;:fi'''W:~?i:~;''~'~:ilf.l.\rl?r"t;-!';i'ii;:'~~';1t:~,li,;$:(?~,'r;i;(;~~''''}-i~(.,;,'i';'''%hi!to'.1l.,;1:W:--l,~,'''; '<'c' "I,; ""~ 'I pr~pertv Owner: Springfield Church of Brethren Phone: J Icompanv: Fax: I , !;~~~~~;;~,~",,,,,,,.m,,.g,,<,,,,12Z;;,~t~,~~;;:,,";""",,,","""_m"',,,,,,,,,,,,:'."',"""'i""""'_""~''''",,'"'''''''''''';''$''''_''l<Yi''''"''''''t''''''''''"'''''''''''Ii'i''''''''';''''''~<;''') IASSESSOR'S MAP NO: 17-03-35-41 ITAX LOT NO(S): 4700,.4800,4900 I .IPropertv Address: 1082 MainStreel .' , " r .,~L~~",e;~..,~~~,~~.,~l:"~."",~.:~.7l;;':;~1.",,,,,,,,;.,_~,,_,,,,,w~~''''~~-''~~"~;:~~"<~,","w~~~~~,~!:;~~,~g,,,,,, ..,~, ..".,1 I Description of. If you are filling in this form by hand;-please-atlach'yourp'coposal desc'riptian-totliis'applicalio'n. -...' ..._~ -,. Proposal: See Attached I Existinq Use: Church and Residential ' J I#Of Lots/Parcels: 4 IAvg. Lot/Parcel Size: 10,000 sf IDensit~ du/acre I 1;...iil.<If,;:;?.;!i<k;!;:....Ml':'Jf1fl1Ei'.ii.;~~,:.;"'ti'i~'7.;'~'i\l~""'-~,~Hf!f"4i''','!'ffl'i53!i''~-<'-M..~;ri~~~-\"I""~~ff:;.~~15i(.i"B.lt'J,""';~-&;'1ll>1'."~~c~~l'htri>,~d::%~lef~~"1i(~\T,;,j;-t;lI:~,''!':.t~'III~'>r:td''f'~i''J,~.J.W'~l'p.'~'\f;c',! "! . prospec~tive. '. Applicant: . If o/'Ift!! '"Srgnature Date: 3/3/2009 Anne DeLaney' Print . -. -. . , . - ~ ",:",,<c-_.. "'"","'='=-... ~:'-",~-:..-,,"-- ..,.. Ca'se' N;'~/2()fJ2DtR';. 0600-"':(' .' Dat~: .~ .'i(::oq Reviewed by: ~ ~';p~;;~at;:~'-;~~; $'.:0~~~=;'~;:; ;~;~:i~a~"F~:;~~-~'~" '.~'-~. - =:Ipost~g~.'~ee: $0':' .. '.-' . TOTAL FEES: $' J2f ftE, w~ . I PROJECT~UMB'ER: ^ ~\ :---- Revised-l/l/0S' Molly' Marka ria lot3 - /. , 'i' Date Received: II BERGSUND" III DELANEY' MAR 0 4 2009 III Architeaure & Planning, Pc. J 36y Olive StrL"et Eugene, Ort'goll ')'740J r: 5.11 683 ~6(jj I;: 54.! (,83 1,1 J6 www.bdarcll.nct Original SubmittlOl .f1 ~ CDl'lLj Afiya Apartments DIM Submittal 3/3/09 Sponsor: ShelterCare Property Address: 1082 Main Street ,Taxlot: 17-03-35-414700,4800,4900 Zone: Mixed Use.Residential (MUR) , :Project Description The proposed project is aihree-story, residential building with sixteen l,bedroom units for ,special needs residents and associated community spaces, such as ~omputer room, ,laundry, office .~nd multi'purpose room with small kitchen and storage. It is located on site with three existing . "buildings that are currently used as a church and housing for low income, special needs residents. This project is will be the first phase of a three'phase project, where the existing buildings ',"ill be demolished and replac.J.(See attached conceptual site plans) . "Building Construction Information , Type VA Construction with l-HR dwelling separation between units and common areas. NFPA 13 R Sprinklefthroughout residential uses. Questions -.~---~- " . Land Use . 'I. . Please confirm the following code sections are the only o~es that apply to the proposed project: a. 3.2-615 Base Zone Mixed Used Development Standards 'b., 3.2-625 Mixed use D'istricts General c. 3.2,620 Mixed Use Districts - Specific d. 3.2-215 Base Zone Develo'pment Standards for Residential Zone(referenced in 3.2- 615 for MUR) . e. 3.2,240 Multi, Unit Design Standards ,f. 3.2-635 Phased Development g. Chapter 4- GeneralDevelopment Standards , c. ' "'''', 2., 'please confirm therear~ no overl.,ay district~associated with,the p~operty":,,...., ,": ','-' ,7:" f..-: - ~"u;;~~ ,'~;;:c_ ."~:-3:'-#3:i"620 iiidicateftIlat in'case:6f calif] i~t~ between= all'ihesestahdafds; those:-6{th,"'mix'ed':~ :,..:..:-'. -~~Y-",',; ~.:.,;;. '<,,',;.use District prevail. Does this mean that the Building Form requirements in 3.2-625 " -, ..' , . . (Mixed Use District General) trump those in the 3.2-620 (MultiCUnit Design Standards)?' " u '._ __ uu" ',' "MaY-we'chi6sel<i'follow-m41ii:unitd~sIgn stand~fds?"Certain siai1dafds~in' :f2:625dO .. - , , . .. .. - -.. uu,'" "~ i:!o(seeinpertinenfto a residtintialOnly btiilding'''o'weatherprotection; for~example::';"'~c''''' .." .. -:,---- DIM - Afiya Apartments Page I of3 ..' " ,., 4. Please clarify the definitions of "abut"'and "adjacent"., The definitions in the code seem to imply that our site is BOTH abutting and adjacent to LDR, even with an alley in betWeen. Does the alley have a zoning designation? ' 5. We will be doing a property line adjustment to configure a lot for the proposed new residential building. Confirni this process is a Type I. Ifwe need to adjust two property lines, is it then a Type II process? For funding reasons, we need to resolve the lot line adju~tment as soon as possible. Can this be accomplished outside of the Site.Review process? 6. It appears we may have two options for the new 10l'configuration - a pan handle lot with access off Main Street or altematively (per Footnote (1) Table 3.2.615) a parcel without street access if access is guaranteed via a shared driveway with the adjacent parcel. Please confirm the latter is a valid option that can be explored. Ifwe pursue the panhandle configuration, is the "handle" area included'in calculations for open space and site coyerage? '7. Given theresidents who will live here -low:income with severe and peisi,stentinental illness (SPMI)- we have very limited need for on~site parking. .Most of our residents use public transportation and/or bicycles. We are pfoposing a ratio of.25 spaces per unjt for a'total offour spaces: ' We will be reconfiguring and .improving a portion of the parking for the existing church as part oftheconstrilction for the shared driveway. This will provide 14 spaces for church use in place'ofthe existing 12 thatwill be removed. Is this an acceptable interim solution? Will it variance be required for the reduction to the residential parking ratio? If so, is it a minor or major variance? 8. The proposed project is the first phase of a three-phased project. Due to the uncertain funding availability for affordable hotisiilg, we cai1l10t guarantee that phase two will begin in'two or three years (per requirements of Section 5.17- 115). Our parcel is less than 5 acres. the threshold for the Master Plan process. How can our phased development be handled within your limitations? . 9. There are a few multi-unit design standards which we do not plan to meet, such as private .balconies and we plan to combine the bike parking and bulk unit storage into a single storage unit adjacent.to each unit. Can modifications like this be handled as an _, administrative,adjustment? .,.' ,_ _,_ ' __u_~__._, 10. Based on what you understand our goals and site challenges are, can we remain a Type II process? . Fire l. We are providing a 26.ft. wide, 150 ft.longfire access Jan>, into the site' to the west ofthe'. proposed building. It will he constructed to support the required weight, but no turn .around is provided. Please confirm this will meet your access requirements for the building, , , ' 2. Aerial Apparatus Access is provided from the fire 'lane to one side of the building. Please confirm this is adequate access to the roof. " ' , . , 3: A fire hydrant is located directly in front of the site on Main Street. Will additiopal fire ", .... , " '. ,'hydrants be ne~dedJorthe project? Ifso,wher" does the fire marshal want them? ' " ':. .... :;":.-:';;~!;~.,-:.;,.j,:..;,;~jc:,,'4:;;'Whaii;:ihe fire flo-w"'requiremenrf6itlie btiildiIii:(and is there 'ailyexistingflow rate'=.:.~ ",,~;L;~ ~l~':i..;:...' , '. infonnation available for the e.xistirig hydrant? :' ;...,' . ,.... . .' ,'. ' , ~ _._ , '" ~~.:.., 5. _ Pt~as:. c?nfi~ Lha:.t.E,:~~'stre~clier" ,cOll)~!iallt:~e~.aior i~ not reC!.r.:!!ed~?r :h~ pr?Lect.. '>' '_.....:...._ ,:1. e'_', . e.:- .' 6.. May a smgle fire lme and backflowdevlceserve:all three phases of the antIcIpated '. ,: , ,"," .." '. . --. ~.c.H' _~., ,," project?: May ail undergrouiId vault boused? Where does the backflowneed to be". - - L'.: - ...:--~--' , locai~d? . ,. ., 'DateReceived:' ., MAR 0.4 2009 DIM. Afiya'Apartments Original Submiital , Page 2 of3 SUB - Electrical Service 1. The building will require 3"phase powerfor the elevator. Please verify it is available to the site. 2, There is a power pole located on the site where the new building is proposed. May this pole be removed? Is a new pad mount transfonner required? Since power comes from the alley, would it be located at 'the alley? Building 1. All non-residential, common uses within the building are directly related to the residentIal units. Please confinn an NFPA l3-R sprinkler system is adequat~ for the project. 2. Please confinn that per 704.5, the I,HR rating for the exterior walls for Type V-A Construction is from the inside only (due to fire separation greater than 5 ft.) and. that the exterior gypsum board is not required ifone of the wall types listed in Secti,?n 16 Table 720.1(2) is used. ' Public Works/ Engineering, 1. Please.confimi there are ilO special setbacks or right-of way dedications that affect the project's property lines on Main Street or the alley. 2. Are there any known deficiencies or capacity issues with the exisiing public utilities that serve the site (stonn drainage, water, sanitary sewer, power)? 3. The alley appears to be fully improved. Please confirm there are no additional improvements required for the alley as part ofthis development. 4. Can we drain the proposed on-site parking stalls to the valley, gutter at alley? ..,:5" -Will a PIP be required for the-modifications to the driveway,entrance and curb along-'---' -, 4_.._, Main Street? Will an access permit from ODOT be required? 6. Please confinn no PUEs are required along the street frontage and alley. 7. Please cOl1firm that runofffrom roofs does not have to be treated and can be piped directly to the public stonn sewer system. ' .. . 8.' Is the 8-inch stonn line to the east of the property available as a destination, for storm from our site? Is the line in a public utility easement? "",- I",=+~~_~~/~;:~'J~ ~;:~-1~._.z_" -_._':,~{...~_L ':":~';::';:;:"c;;.,=:jL'..:.~~.;;,::"~;{tX:.f~ .,Da~J3,~t;:~i~~g,: -=",--';~-'- - 11-"",,-~ ~- - : -. .........._"."""<-~ -' . . ..- - ~7- -"~---':-'7:-." .-:-C;-"-,- -~"_" .-;' -, - :-''-''-;":;', 'T.:--, - .-:.: :.', . ','_ "',,- :.:..,.~,;;:~AR 04. _20Q9_ _b:: :-._ ~.:_ -...._ ~ -'1'.' -. -_. - ......-.--... -~,-'-.-' .-, -'" .- - . ._---' - '-~ -,.- - >- ---" . , - . .. ."', ',..:- ",-'. ~". ,- .. "-'::--~~~origii'farSul5mittar-'-- - :- --- .::_-: -:' '"'~_~ n_ ."....,-.c-~~....~--........_~- DIM - Afiya,Apartments Page') of3 .. 'j . ~, .-. -\1 b~ ~ ...r.. , . .~ ... - MAR 0 4 2009 , Original Submittal , , PHASE 1 ' " ALLEY ," ~. ~I., 'R~' .IL- -- 2 3 =~ 4 =~ 5 =j 6 ~=' : ~-- ~=.,.g 'lIii '----' ,-- MAIN STR~ET I I I I I I Vi , , ---C)p _ . ~~: -- i - .t. I I i "I . ;_1, . j .j I ,.;';: .! :,,"j "1'., : I, ' "~iiW;:,I,., . .:::~ ','~ .', ,~ " , // !' ", . I ' . ': " - ,: , .;:~;[~:.~ '.1' ~I " " 11'. - .,tl. "~ ~~., j. , ' ,-, . , . ;.:[JI'1 .;.,j' : ,1! . . ,'!i.' I . . ;> ~i ' " ; I ," " , I , ,,:;. : ~ " .,"\i . . . . - ~ .il I . ': . } ~' ,II:! i (i I ~. .:::,..1"1. , )1 I . '~,\ ,!:!I.,'!.I,~ ~ ~ ~),- . ,,",! : ' ~'1)' .' . ~ ' , .;:~.',' , /' ~~<<ty////'77 ~: ,..: .... :% '%,.:{' ///~;:;;/< -/, / ;(// / ' .' 0~_#~ . y,~ ~ );;;~ ;;,~~ ~%~~ .,:,,:.; . %'//f!~%L ,I . . ~~/~~~/r,~%;/j , ?;'w//,/;(iflf: //~ 1';;:i'~,ij;/;j{;~~ , //;>///// / . / : 11///'/ , . i hili I ALLEY ;~.~~ ~ . '.J' . ~ ;;;J .- \ii 2 1fi!il '% . J~, 3 4 5 6 7 ~\/~ 'l1&f;!ni 8 l!l1\l// / III I JI I. III 0:' i ",il'Ii\ll'W<loc~j I. I j I I ~4/:.//' . _~W(i~,"g ~ ~ ~Q ~.~!!I.'",,<' ,. , . .~. L. Ived: , MA 4 2009 O' . . f1gmal Submittal PHASE 2 Mixed Use _.1(1) ..~ rA ~ I / I I I I I I -~ -- - . . .. '.. ALLEY : . ~I/ . ' , "-7, I I I I , . I I I I I . ' "5 14 13 12," 10 9 " I I / ",; .~. :--0 I I J" -\ . Original Submittal. PHASE 3 Church MAIN STREET . I t 11" ! I i '.'!,., ,I .' ,I .J '. i\. " '-r ,. i " .,' r ' ",. r. . ii, I!",!. _ I (V- 1/) i '~~,,! 'i ",' ....... ~ : - ~---=- ,I, i. i '10__', '!" !, I -~~-} -W~/~~~~ :W-0;///,;W///#k "'; I ""~/, -C.C! ,'--! Ir-:-', *~ r'i!, /0~>~~~>0a' I .'. ;;,;;:;;:>>;/ ~ / //. /.:) . / I I.. . .' , -.J.' I . ,'. . -~ 1/ , I ) .! ' ! ---' , " , ~ 'k!i''\! . ' 'j, ~ , , -c' ':V--:- ", ,[. !' ~ i _4, . i , , Original ~ubmittal . 2D~2DO'1- 0000, 1).e,\/ l Ss.tA<!:. M-hty, CfJ .., --".:-OiW=Gh"Cif~,~:f?v-df;;: ~"~~-: olldlv. lof tf, ,::2:<(tu@ '-"'\J~. ~ 0 ~a:. a:a:t;" <("UJ z 9 0... Lc"~ ' r:- ::2 u.. <(.....J N" UJ ~ z 0'0: <( I~:J; >- CfJ ' Ll.;. <( - -, ---_.----" --- -----------~ ----- ------ ---~-~ -~--------- -",,"'.-.. AFIY A SPRINGFIELD, OREGON MULTI- FAMILy HOUSINGAPPLlCATION .' FEBURARY 2,009 CFC ' .. ..illlffIJt_ - I. II' -- "........"..'"'''''f'>''''"'~-~,..'.,.....".- 'iii:I6~~;,. "III&\.~_lIO;,~~~~'-'" ~.........." -. '''loll! '!..<-<.-.:.')F ;-...::_.. ~";';~,~ u-,\..'..~,,~,:,,: ":,:;'\'.~,5i~:.'~:":;:~.. PROJECT DATA PROJECT TEAM INDEX IAFIYA BUILDING AREA SUMMARY: i RESIDENTIAL: RESIDENTIAL i NO. ; COMMON USE: UNIT AREA ; UNITS; UNIT TYPE Ai 504;' 9, ; UNIT TYPE B: _ 529; . 3' UNIT TYPE Ci 647' 2' UNIT TYPE D; 601: 2:' SUBTOTAL OF RESIDENTIAL: 16, OWNER .J . --<... ~ - A100- COVER SHEET, PROJECT DATA, 3D MODEL ',Al01 SITE PLAN . - A102 FLOOR PLANS, UNIT PLANS. . A1P3 El~~Tl0~S . '. -, . SHEL TERCARE 1790 WEST 11TH AVE EUGENE, OR 97402~. -'. T: 541.686.1262 F: 541.6860359 . CONTACT? ." T01AL AREA 4536. ...,'..-, 1587 , '1294 1202. 8619 , . .. --_.._-_._~------_..- '."",,, "_.1.,,-",-- riLE CDPL( ARCHITECT BERGSUND DELANEY ARCH!TECTURE AND PLANNING, P.C. -"1369 OLIVE STREET ----,--. . . _._-~ ,--~---_. ----.-.- . - EUGENE, OREGON 97401 T: 541.683.8661 F: 541.683.1136 ANNE DELANEY, AlA 1 n-I ~ , Date Received: MAR 0 4 2009 COMMON SPACE' 1648, 926, 16481 9281 . LOBBY/ELEVATOR' .. EXTERIOR CIRCULATION! CONTRACTOR MIELJ CONSTRUCTION COMPANY 10VANBUREN -- EUGENE, OREGON -97402 T:. 541.485.1417 F: 541.484.0524 G: CURT M1ELl . ~. cl"'_'. ,3277. 3277; '"'>-~" , STAIRS! 286\ 286 147581. , ' TOTAL,AREA , ~'"--'-_....T-.'...----.-_.......... -~_'----'- , . , _ .,.....~....c...,..,.,~_'._...n_~__=.-=..~ c___ -----,...- -- _._----~~-- - --. .' ... _n.._..____~___ ---~.- . -~---.._-_.~_...------ ..------ -~-' ...,~~---- .-----_..__........~-_._-".... _' __.. - ..._n _,. _ """'. ,,~., 'II .~-= ,., ~ - ~ ~, tb ~. .~ ~ il "" ., 1 '''<: M III ~ ~ ~ " ~ -Z'~ :::>Z cJJ< ~~ 'rb! ~ ~Q III ""~Ahh ~ '~ ~,ANNE M...DElAN~., ~EUGENE.ORWGON . 117>-,3669 , <I; OF REVISIONS I, ,~ I q,c: 3 4 5, " COVER SHEET . . . date 02/24/09 ."tile "d.b. JAR , ' ------~--~--~--~-- ---- ---- --- ---- F I ~--~ R:-A=[..F~SrZ:& "S6-1--=::I~-'LW@i-' .- I - I , I ,I , I , L , I I- I I I , , I I I I I I I I I I ; , -.j I I I' , I I I I I I ; No~~ t , . . /'7\ SITF PI At\! 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'. ,e , 0 UI I JJ ...~- [.'GG l~ I i . '.. (3:") UNIT A PLAN 'eJ 1/4"=1"0'" . . ,Q;) UNIT B PLAN -ADA ACCES~/~~~~; , '. r5\ UNITe PLAN. ~ "- 1/4"=1'.0'" @ UNIT D PLAN " . , 1/4"=11-0" '"' I REVISIONS ~ I 3 I 4 I 5 -~.,,~..dC >- ., ..' r (/) .~w,:,=.:~..-:~. _ '::.. ~ 0::: " I' w...... z "'" ..... f- 0 r ----' , ''''''owfE ., ~ I~ , 0:::'0::::;;0. I <( W ~,9 " , . -l ~N~olloOO' ~ill -..< , '. -....... .....".--".,...............,.. .;,. . STORAGE ,'-',.. , ~,:" ~tt~~:~~~;! "'~:~".: ;.i",~',){;::;~~~;; :~""::, ;;1 ~~'Ii~fr!llt. ~.~':_'.':'~~, .' '.~~;'jo'-- 'n"~a-~I'~s;u'~b'm,O-I.t4t.'a21 ;,:,:: ~~~:- ,- "j.,!:.Frt/ - \'/''D ' " ',., ...,",.,".-- c,.' - ~-,~-- -----c .-. .' flgl -."-.-":=""- ,'009CFC..,.-, ~ l/~' fJO..EIIl.:.- .:.--- _ ,".. "..'.,..'.",_ e .-'.. .. -..-.--..---.-.--.-.... .~- '_O__'_'U ~. ~Irnlt ~r ,i. ~ -~----1 ": ~ I.. ():: '=i~ ,=.=.,Ih~c~,~~..i .'... '~"' , i UN'" '~':;~..,~':' C:.:..~:,:; ". '..- "_. c, 'date . file 02/24/09 ~/1"'\ FIRST, FLOOR PLAI\J,~~.. -~~ : .. -'. '. ,',..' .',::.': ~--"_,,r?\ SECOND ANDIHIRD FLOOR PLANS' '-----:---"~-_.~~~--~--~-c-=1!8"='1"0"~" , ' ,\!::}J5J~7~'...."..'''~-'_...._'.-'.''.._-_..:-_..''~-_..c~-,'._' -.....:...----'------~----"--'-- l' '1I_1'~/I 'It" _. -f,J ___ -='1/8"=1:'O"-~' :::p~.::.'k=~@~ ::::.. "'::I=--- d.b. .JAR ~lll~DJ~ ~ ~ml [IJ @ WEST ELEVA';ION ~. .~. ~ -,--- ....-... '--"-"-'---'--~-'-.-._-------...,...... ----- '. .' __... ... __~..______a._'___. .___.. ~_"__''''''_''''''''''~'~~''_'_ ",___ ""~'='<-__'_ _----..--,~._L_""'_.~_~_-.-., .--'_'CC-'-'.',; 1/ ;'. .,'. . ~:'~:;f~,:_,,:;~,~';:;,:;;,-~J;:~~;.::;,:,. _" "" ",' c'_ _ :])~,~:~~~~~V:~I~~" , - - """ ~ . -;: -- ..---="'""".-..... .-'.. .".,....:.>~-:--;-::-::-..:=;I.:"....-........-.:.....,. ",'-- --:"---'-r-.---'- ~-" I. I " - -.- , . , II .. 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MAR 0 4 2009 .', I q ,...., 'z G:1.r " I ;:J Z i! ~i ,cY)<~~1 ~~ ~ ~ ~W~ ~O~ . ~ III II II,~ I ~ I ~ , . - , - ,"I' REVISIONS' L'"-~~' 111 I 2 I 3 I 4 I 5 I I I I I ~~:uJ'-:'~~' .L._ w 0:: z 2:<(;..8 I- '-' HjuJ ~~ 0:: 0:: ~ 0, .r:::{ W ~,~ .... I- "'- ,<(I..L... -:.?i ~ ...J N Z W ~a: <( I fu '>-Cf) LL <( , . ;t\etiL. -",';...,,;,...;.-;: . ELEVATIONS '.-2009CFC---~ ...~-:-.~ . date'_. 02f24109 file'. d.b.,. JAR AMD '-:-:_",:=C'"C'_"-'=C'=_,~nc.:._~_,~-7-l.:.:='.::- ~~-u, ,~-cc,'C '=- '~=~~--'~-. -~_,;=~"=n_ ,.... ' ----=:=:,-~=.:.,rlgil1atSUbmittaJ==--=..u~~-~ :I-~~~'=-;((j)-;.r-'. ' .1 ShelterCare Admin Fax:S41-B8B-03"Q Jan 20 2009 12:S0pm P002/00S :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Fee Waiver Non-Profit Affordable Housing Providers 541-686-1262 Applicant Name: Susan Ban I Company: ShelterCare l,~~~r~~s<:,v"""'M<'" ."',, .P?, ~,~~,~:~~a,,~~u.g~~:',~~_~~~2,~,,~ IAPDlicant's Reo.: Anne Delaney I Company: Delaney Berqsund IAddress: 1369 Olive St. Eugene. OR 97401 ~, .:,;. ; , .'". ,;,: '..0',", ~' . ,~,;::..-..;."::: .: "';';'". " .,; ,,' '."" ",;~'" .,.. ;, ; ~,.::;. ", ';', >i'Ji:I;I~I~ '.' "c' .~hi~l\. '~"'"f;;.' :..iI.":;' "'"",:r. ., -- ,:;' . ." ,", .., .~, ':;<.:l ,..;ii.o:, >t.l4F,' '.:'~"" IPropertv Owner: Representative: Dale Seese Icompany: 50rinqfield Church of the Brethren IAddress: 1072 Main Street. Springifeld Oregon 97477 '.,', ,,',' ...,:,""'....,... . '.1,.). ..' .,~'~";:,'-.;\rill,...'..~O~".;'~III'IIi'~':~lI!I~~I~"t"." "<II;~".'\":';.' 'U"'_'~'":4 "'_'II,"" ,'_"":~>;<;; '~",~;,,,;:>j """'''''''''A''''''':'' ."~,.,, IASSESSOR'S MAP NO: 17-03-36-41 I ~:.~T _ 4600.4Z(j0,4800,4900 !Propertv Address: 1062-1096 Main Street, Sprinqfield Oreqon , I ".,,; .,' .'. " ,':", ",,",,-~ ~. "3,::,~'. .,'.....'.." ~,'.'~~.r:?i'.~' ',~ :~. .'1 - '~."':.' '. .':'rD::1I>'\' ',' . ..';';::~_.., ; ',,";!W", ',UIIO..' "";:,:=:. "..."."..,. _ .<t."," _ ,..,.,. " ." :"'c,,,,.... Milt... "",,""":::~"Ii.l!U"t, ...:c,~",_,~. '.I'~'I~it.j< .' :.,,__,'," . ""'''? '. ~'. ...' . , ". ,~"- ~. - ..tlrl<.. 'I Fee Waiver: Applicable land use application fees for affordable housing may be waived by the Director in order to encourage the construction ,of affordable housing, Affordable housing as,defined below shall be either newly constructed rental or home ownership units, ;;....,"',':.;"'",.,- '-,,,;,-,;",,' ;.-;' "-~:' .' , I 'I , :;, .;.~ :'~ J I Fax: 541-686-0359 Phone 541-683-8661 . Fax: 541-683-1136 d',",,:::-' ,.l':',~. ",:,..-: I ~hone I Fax: .. ^,:...';,- 541-746-2278 I I .. r~p" :":"';-' Land Use Application Case No. Affordable housing'category that applies.to .the project: ~ Rental units rented to households with incomes below 60% of area median income (AMI}, as determined by the Department of Housing and Urban Development (HUD) income limits in effect at the time of submittal. o Home ov:,nership units sold to households with incomes below 80% of area median income (AMI), as determined by the Department of Housing and Urban Development '(HUD) income limits in effect at the time of submittal. The undersigned acknOWledges that tile informatIon Included with this application is, correct and .accurate. Applicant: ~l~/ fr- ~ ___ Signature Print: Susan Ban, Executive Director Date: January 20, 200'9 ~~~,;:'i.\:.atJ;:.:::I~';l.!i::~:~~~':'':;:)::'!Lr.~~liiiII~~U;'?IS/IIii,r:~::III~;i,Sj;:j.':::~I~~~::'~~::!l'>:'-~~~~.""~~?~IIir:j;~;,c~if~:t,~~~:;;,~*".:;~!:-. Revised 1/1/08 Molly Markarian , , ~__..",u.~'1 p~n~~~: MEM " 10f4 . ~ ./ .' , 'I DECLARATION Of RESTRICTIVE COVENANTS . 'CITY OF SPRINGFIELD DEVELOPMENT CODE SECTION 2.1-135B. & C. FOR NON-PROFIT AFFORDABLE HOUSING PROVIDER THIS DECLARATION OF RESTRICTIVECONVENANTS ("Declaration") dated February 2.10 ,,2009 by Springfield Church of the Brethren, an Oregon non-profit corporation, owner ofthe real property more particularly described and set forth in Exhibit A and ShelterCare, an Oregon none profit corporation, Lessee of the real property more particularly described and set forth in Exhibit A attached hereto and their respective successors and assigns ("Grantors"), is given as a condition precedent to the waiving of certain City of Springfield development fees by the City of Springfield, a municipal corporation of the -State of Oregon ("City'!) in consideration for the provision of affordable housing pursuant to Springfield Development Code, Section 2.1-135B. & ' C. together with any successor to,'its rights, duties and obligations. , , RECITALS:. . r, WHEREAS, Grantor, Springfield Church of the Brethren, is the owner of ttie real property more. particularly described and set forth in Exhibit; A attached hereto and incorporated herein by reference. , WHEREAS, Grantor, ShelterCare, is leasing fromGrantor, Springfield Church of . the Brethren, the real property more particularly described'and set forth in Exhibit A under a 50 year lease with an option to extend for an additional 25 years. , WHEREAS, ShelterCare is constructing a 16 unit apartment building for very low income adults with chronic 'mental illness on the real property more particularly. . described and set forth in Exhibit A: ' '. " WHEREAS, the pr<:>ject has received HUD 811 funding which stipulates that the units must be rented to households qualifying for less than 50% of the area median income; WHEREAS, the real property more particularly described and set forth in Exhibit A are curre,ntly known as 1082 and 1096 Main Street but may receive new addresses when the apartment building is constructed; WHE,REAS, an application has been made for fee waiver from City of Springfield, Development Code fees including, but not limite9 to, a Development Issues Meeting, Site Plan (pre-submittal and submittal), property line adjustment and other planning fees associated with this development; DECLARATION OFRESTRICfIVE COVENANT, CITY OF SPRINGFIELD , . WHEREAS, in order to qualify for waiver of the development fees as specified in Springfield Development Code, Section 2.1-1356.& c., Grantors hereby agree as follows: DECLARATIONS: NOW, THEf(EFORE, in consideration of the Recitals set forth above which are expressly made a part of this Declaration and in consideration of the promises and covenants hereinafterset forth and other valuable consideration including, but not limited to, the waiver of Springfield development fees as provided herein, Grantors and City agree as follows: 1. A 16-unit apartment building for low income adults is being constructed on the real property more parti!,ularly describeq and set forth in ExhibitA which will be rented to households with incomes ,below 60% of the area median income as determined by the Federal Housing and Urban Development (HUD) income limits in effect at the time of execution of this document. ' . 2. Grantor ShelterCare qualifies a,s a non-profit corporation under ~ection 501C(3) , of the Internal Revenue Code. . . . 3. Upon request of City, Grantor ShelterCare will provide documentation that ~he housing meets appropriate standards regarding household income, rent levels .and number of units. 4. Grantor ShelterCare will proVide at the request of City adequate documentation that the housing shall remain exclusively available to low income adults at the affordable rents for five,years. In the event that the use of the property ,is no longer for low income housing, the Grantors shall pay the waived development fees from which Grantors were exempt. 5. The terms and conditions of this, Restrictive Covenant are perpetual, shall run' with the land and shall be binding upon the heirs, successors and assigns of Grantors and all subsequent owners of the real property more particularly described and set forth in Exhibit A. 6. If either Grantor or the City of Springfield brings an action regarding or to enforce this Agreement, the prevailing party' in such action shall be entitled to recover its attorneys' fees and court costs, at arbitration, trial and.on appeal. . 7. This Agreement shi311 be recorded by the City of .Springfield in the real property records of Lane County, Oregon. DECLARATION OF RESTRICTIVE COVENANT, CflY OF SPRINGFIELD .' SPRINGFIELD CHURCH OF THE BRETHREN: SHELTERCARE: . , ? By: . n(\ /\.l.E, "",~(-J Its: Ch(J;r,OVpr<::i~} ,II By: Its: ~~4.~' s...s.~V\ A. 150-"" E-,."'C'I.>-k\v... 'J)~("<"d-trl' CITY ~ SPffi}J:}; By: 6~ Nt> '6411''''', A'(d, Its: ~ L-fl' I'AAO( Al:/:::.o. f '!,(:J-(07 stATE OF OREGON) ) 55. County of Lane ) "">'W'd'O", " '-'~-OI?Ea 'i~"'~"'~I"!".''');' [' f('r' !~,JC-" . .. ;j,~ -,;.., 'JiI_ \".f::;,.t,.l .:.J;;'; _ ~'j, '\,c;'-rn i::CiP,,";Q"- ~~;;~ ~ DATE: 2. \ ,\ I t.:>'L. LEGAL COdNSEL Personally appeared the above named A. UIA F,yc u. "\X:>"" '\ as 1'\..1\ ,lX, 'f>.)Qif "S.~ l-c,- C=''''_I \ for The Springfield Church of the Brethren and acknowledged the foregoing instrument to be his/her voluntary act and deed. on this 2L",. day of February, 2009. 0":;::::,,"..,. ,...- -~~~,'~,:.:-l;":,.'--'-rd ~~ LEbLI:t,>,.,j. Gj ~~. NOTARY PUGlIC - C.,-:::CN J ,,,' COMMISSIOfJ NO. 405575 'i f.!Y ~O~MISSION EXPIRES MAY 2, 2010 "'':'=:--=-~'''''~~-'-'.::;:::.:::::::-~_. : r~~\ ~W2:.~ Notary Public for Oregon My Commission Expires: S- Z- - \ [) , STATE OF OREGON) ) ss. County of Lane ) Personally appeared the above named ~'''&.'-'-- ~"'- zx,e.,,~hu.... 'l::::l\I<'.C ~ for ShelterCare and acknowledged the foregoing instrument to be-ftisih$[ voluntary act and deed on this '2.1o day of February, 2009. as ~.- -~, -"-'-'--"OF-;,c;;"CSE;L--~l ~ ~. LESLIE COHEN I, \ ) NOTARY PUBLIC - OREGON " ,/ COMMISSION NO. 405575 ~ MY COMMISSION EXPIRES MAY 2, 2010 ~-------------._----- ! {b\ .- . G::,\&.u....... Notary Public for Oregon My Commission Expires: c;;.,2. \0 DECLARATION OF RESTRICTIVE COVENANT, cm OF SPRINGFIELD STATE OF OREGON) ) ss. County of Lane ) Personally appeared the above named (;/r\o hi~\V~cL as f',,:A'l.t ~<t~1L " for the City of Springfield and acknowledged the foregoing instrument to, be his/her voluntary act and deed on this ~;>i\Aday of {'i\~h Fgbru3ry, 2009. r-~-~~-':~~c:~~&~~J- :, , (1L~ ~~. W&J\L^,- 'i." NOTARY PUBLIC, OREGON Notary PubliC for Oregon '\, ,./ COMMISSION NO. 397943 . I I .~ _~COMM'S~~ONEXP'~~~~4.2009 My Commission Expires: JQ, '-I .0'1 ';...;::7"~. ~ ..---.... N:\City\Housing\Affordable Housing\Declaration Of Restrictive Covenants-Shelter Care.Docx DECLARATION OF RESTRICITVE COVE~ANT, CITY OF SPRINGFIELD '~ Exhibit A: Legal Description of the .Property '" Beginning at a point which is 360 feet east of a point that is 94.57 feet south 40" 40' east from a point los,2 feet north of the southwest corner of the Paul Brattain donation land claim no. 63, in township 17 south, range'3 west of the Willamete Meridian, running thence east 60 feet, more or less, to the monument which marks the southeast corner of block 7 of Brattain's add on to Springfield, Lane County, Oregon, as platted and recorded in book 9; page 6, Lane County Oregon plat records before same was vacated; thence north 196.3 feet; thence west 60 feet; more or less to a point due north of the beginning point; thence south 196.3 feet to the place of . beginning, in Lane County, Oregon excepting: that portion of the above,described premises included in that certain deed wherein Paul Hadley and Pearl Hadley, husband and wife, were grantors, and the town of Springfield, was grantee, registered in book 14, page 480, of the certificate of registered titles, reception no. 3474, in Lane County, Oregon. " Tax Parcel Number: 0316842 . CERTIFICATE. Stateo! Oregon- OFFICE OF THE SECRETARY Of!' STATE Corporation Division , , l, BILL BRADBURY, .Secretary of State of Oregon, and Custo iian oj lhe Seal Jf said State, do hereby certify: .' SHELIERCARE was incorporated under the Oregon Business Corporl1.tion Act ' on December 2,1970 and is active on the records of/he Corporatio~ Division as 0/' the date of this certificate, . ' ( In Testimony Whereof, J have here;mto set , m;y hand and affixed hereto the Sed. of the State of Oregon. BILL BRADBURY, Secretary of State By nlCi.~ (24;sIL c;:-- - Marilyn R, :il1iith January22, 2008 Come visit !,IS on the internei at http://'N\W1.filil1t;;inoregon.com fAX (503) 3~a4181 1201 OCT-28-2007 FRI 11:30 AM FAX NO, P. IU r #.. .... Internal Revenue Service Department of the Treasury . P. O. Box 2508 Cincinnati, OH 45201 Dear Sir or Madam; ~r?(fUl?n\VlIrf ~l AtJG 2 3 2001 .L,:J \..::7l.:lU U L::I J., ____~~MM.___~__~_~______ Person to Contact: Stephanie Broach-Camp 31,04022 Customer Service .Representative Toll Free lelephone Number: 0,00 lLm, to &:30 p.rn. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number. 23.7115003 Date: August 20, 2001 Sheltercare P.O, Box 23338 Eugene, OR 97402' This letter is in response to your request for a copy of your organization's determination letter, 'This fetter v>ill take the place of the copy you requested. ' Our records indicate that a determination letter issued in February 1997 granted your organization exemption ,from federal income tax under section 501 (c)(3) ot'the Internal RevE/nue Code. That letter Is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the mellning Qt'section 509(a) Qf the Code because it is an organization descnbed in sections 509(a)(1) and 170(b)(1)(A)(vi}. This classification was based Qn the assumption that your organization's operations would continue as stated' in the application. If your organization's SQurces of support, or jts character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt, status and foundation status Qf your organization, , ( Your organization is reqUired to file Form 990, Return of Organization Exempt from Income Tax. only if its, gross receipts each year are normally more than $25,000, If a retum is required, it must be filed by the 15th day of the fffth month after the end of the organization's annual accOunting period, The.law imposes a' panalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the deiOlY. An exempt organizations (unless specifically excluded) are liable far taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or,more paid.to each employee during a calendar year, Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (P'UTA). . Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. HQwever, these Qrganizations are not automatically exempt from other federal excise taxes. .. , . Donors. may deduct contributions tQ your organization as provided In section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and , .gift tax purposes if they meet the applicable provisions of sections 2055, 2,106, and 2522 afthe Code, OCT -26-2007 FR I 11: 30 At! FAX NO. 1'. 11 .' . .. - . ..... ~ ,2".. ' Sheltercare 23-7115003 Your organization Is not required to file federal income tax returns unless it is subject to the tax on unrelated hLJs!ness income under section 511 of the Code. if your 'organization is subject totllis tax, it rnust file an income tax return, on the Form 990- T, Exempt Organizetion Business income Tax Return. In thIs letter, we are nat determinins whether any of your org~njzation's present or proposed activities are unrelated trade or business as d€!fined in section 513 of the Code. ., , ;J' . The law requires you to make your organization's annual retum available for public inspection without charge for three years after the due date of the return, You are also required to make available .for public inspection a copy of your organization's exemption application, any supporting doculllents and the exemption letter to any individual'Who requests such docu'ments in person or In writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials, The law does not require you to provide 'copies of pUblic inspection documents that are widely available, such as by posting them on the Internet (World Wide Web), You may be liable for a penally 01$20 a day for eaCh.day you do nat make these documents available for public inspection (up to a maximum of ~10,OOO in the case of an annual retum); , 8ecause this letter could help resolve any, questions about your organization's exempt sialus and foundation status, you should keep It with the organization's permanent records. . If you have any questi~ns, please call us at the telephon(~ nu~ber shown' In the heading of this letter. This letter affirms' your organization's exempt status. Sincerely, g~~i~ John E. Ricketts, Director, TE/GE Customer Account ServIces -Ii " ULJ L ~C:U-c:.UU I 1'1\.1 11 'LD nIL . l'nt~ nv. I. uc.. / Restated Altic1esof Incorporation ShelterCare, an Oregon Nonprofit Corporalion ' The following Restated Articles of Incorporation are adopted pur~-uant to the provisions of the Oregon Nonprofit Corporation Act, ORS chapt"? ,65. Arlicle l, N~me The name of this corporation shall be ShelterCare. ShelterCare shall be a public benefit corporation. ' Article 2~ Mission and Pumoses 2, l: SheItcrCare is organized, and shallbcoperated, exclusively as a charitable organization for tile purpose of.ftrrtheting the general wdfare.and common good of the people of Oregon,. with . special emphasis on Lane County. Specific purposes include the provision of emergency shelter and support services, transitional services, andiong-term residential services, to low income families and individuals and to disabled adults who are in need of such services.' 2.2, ShclterCarc may engagc in any Ia ,,,,ful activity forwruch corporations may be organized and operated under the' Oregon Nonprofit Corporation Act, ORS Chapter 65, as may be necessary to accomplish its mission, so long as such activities are consistent with operation as an exempt, charitable organization under Section 501 (c) (3) of the Inteilliil R.evenue Code, , A niele 3: Res1ricticns 3.1, ShelterCare shall not participate in, or intervene in, any political campaign an behalf 0 f , Or in oppOsition to any candidate for public office; 3.2. No substantial pmt of the activities of ShelterCare shall consist of carrying on propaganda or otherwise attempting to influence legislatiou. 3,}, ShellerCare shall not cmy on any other activities not permitted to be Carried on (a)by au ,organization exempt from federal income laX under Section 501 (c) (3) of the Internal Revenue Code or (b) by a corporation to which cOlltributiol1s are deductible under Section 170 (c) (2) of the Inlernal Reveuuc Code, or the corresponding provisions of any future federal income tax laws. 3.4 ShelterCare shall not discriminate against any person on the basis of race, color, sex/gender, marital status, religion, oational origin, age, sexual orientation, physical or mental disability, or political affiliation or belief. 1 OCT-28-2007 FRI 11:28 AM' FAX NU. r, uo . . Articlo 4: Irrcvocable Dedication'to Charitahle Puroose~ The property ofShclterCare is irrevocably deilicated to public or charitable pUIpQses, No part ' of lbe rict income or a~scts'ofSheJterCaT() shall ever inure to the benefit of any director or officer, or to the benefit of any other individuAl. ShclterCarc is not organized, nor shall it be operated. for the primary purpose of generating pecuniary gain orpront and it will not distribute any gains, profits, or dividends to the officers or directors thereof or to any other individual, except that ShelterCarc shall be authorized and empowered to payreasouable compensation fot services rendered to it and tu make payments and distributions in furtherance of its specific and primary purposes. . Article 5: Dist,'ihution of Assets Unon Dissolution The provisions for the distribution of the assets of ShelterCare upon dissolution or fmal liquidation ate as follows: After payment of, orprovisioh for payment of, all debts and liabilities of She1rerCarc, the remaining assets shall be distributed by the Board of Directors to such other orgallizatioll'or organizations which are organized and operatedexclusively for public or charitablc purposes and which shall ahhe timc qualify as an exempt organization or organizations uuder Section ,501 (e) (3) of the Internal Revenue Code, Any such assets not so disposed of within a reasonable time by (hc board shall be disposed oCby the Lune County Circuit Court, in the same manner. A tticle 6: Me!\1hcr~ ShelterCare shall have no members. (ORS.65.317) Article 7: Limitation ofLiabilitv of thc Board of Directors The directors and officers ofShcltcrCare, all ofwhorn serve Witllout compensation, shall not be personally liable to ShelterCa.re for. monetary or other damages for conduct as a director, to the . fullest extent permitted by eunent or future law limiting the liability of directors. (ORS 65.047(1)(0):..369) , Article R: lnnemnificanon of The Boaro of Directors ' Consistent with ORS 65.391 (or the con'esponding section of any future law), ShclterCare shall indeinnify any person who is or was a director, officer, agent, or employee ofShelterCare. who is made or threatened to be made a party to or witness in any threatened, pending, or completcd action orproeeeding (civil, administrative,criminal, investigative, or otherwise), byreason oflhe fact that the person is or was a director, officer, agent, or employee of ShelterCare. (ORS 65381. .414) ,Alticle Q: Rel.;~tered Af'ent The name of the registered agent is Su~an Ban, located at 1790 West 11th Avenue, #290, Eugene, OR, 97402. . 2 , OCT-26~2007 FRI 11:28 AM r AX NU, P. Uq A11iclc 10: Princinal Office Address TIle principal office of ShelterCm:e, to which notices may bemailedorserved.isl790 West 11 th Avenue, #290, P. O. Box.23338, Eugene, OR, 97402. Article 11: Amendment,! TIlcse Restated Articles of Incorporation may be lUl1cnded or re,stated only by affim1~tivc vote of not less than 75 percent of all directors lhen in office. Adopted by majority vole of the Board ofD1rcctors, on March 19, 2001 ' .~~ f.;,aJ-~v \" V". ,)( irectors r.\ltt\w'P51\tvNl/n~se tal 11 \26\96 3/21/01 eel1 \,dn1i n \boardl SHCl\ol J.Ol, wpd 3 OCT-28-2007 FRI 11:28 AM, FAX .NO, p, Ob Bylaws of ShelterCare A,.ticl", I,' Pllroose 1. ShelterCare ("se") 'is a public benElfit nonprofit- corporation, ~s defined by ORS Chapter 65. se is organized and operated <exclusively for charitable purposes, in promoting the general welfare and common good of the people of Oregon, with special emphasis on LanG County. Subject to the limitations stated in the Articl~s of Incorporation, SC's purposes shall be to engage in any lawful a'ctivi ties, ,none of which are for profit, for which corporations may be organized under ORB Chapter 65 and r"nternal Revenue Code Section SOl (c) (3), or their corresponding futur~ provisions. (ORS 65,077) 2. specific purposes include, but are not limited to,: providing emergency shelter and support services, transitional services, and long term residential services, to low income families and disabled .adults in need of such services~ Art:ic1e IT. Memb<,\"shit;< 1- SC: shaH not have members. (ORS 6S, 137) 2, SC shall not issue shares of stock. Arricle ITT, P,oard of Director-s 1. Duties/Powers of,th.. Board. The Board of Directors shall govern the activities', financial affairs; and property of se. To do so, it:,may exercise all corporate powers avairable under SC's Bylaws and Articles or Incorporation and the laws of Oregon. The Board shall adopt any policies and procedures from time to time fo~ conduct of SC's busi~ess as the Board deems appropriate or necessary. The Board sh~ll, ,'among other duties and powers, set policy; ensure that SC discharges its legal'rcsponsibiliCies, raise funds, and hire and supervise the Executive Director. Except for possible reimbursement of expenses reasonably 'related 'to, Board service, directors shall serv'e without compensation. lORS 65,,01. .335) 2. Number of Directors, The Board of Directors shall consist of' a minimum of nine and a maximum of fifteen members" as ,prescribed by the Board. l0R,565.3071 3. Election of Directors. Directors may be elected by the Board at any meeting of the Board. (DRS fj5,311l ). OCT-26-2007 FRI 11:29 AN FAX NO. P. Uo <I. Terms of rhrectors, Directors shall serve thl:cee- year terms, commencing at the annual meeting of the year of appointment and expiring at the annual meeting of the third year 'follOlving. Directors may serve more than one term, as elected by the board. Unless they resign or are removed or roelected, directors shall remain in office until their successors are properly elected or there is a decroase in the number of director positions, but in no case shall a director's term exceed five years. A director elected to fill a vacancy created by resignation or 'removal shall serve the unexpired portion of the term of 'the vacant position. (OR; 65314. ,3\1) 5. Fes'lanation of Directors. Directors may resign at any time by,delivering a written notice to the Board. Once deliVered, a notice of resignation is irrevocabl~, unless the Eoard decides otherwise. . 6. ,Removal. of Directors. Directors may be removed from office by the Board by a two-thirds vote of all directors then in office, with or witho~t cause. The director subject to removal shall be .given at least' two days' notice of the planned vote for removal, and of the director's right to respond in person or in writing prior to or at the time of the vote. (DRS 65,324(8)') 7. Fillina Roard Vacancies. The Board shall elect a director to fill any vacancy in the Board, without undue delay, including vacancies created by resignation, removal, or incl'ease in the number of director positions. Vacancies may be filled by the directors then in office even if they constitute less than a quorum. (OR, 65.334) 8. Meetincrs. A schedule of,regulu meetings shall be, established by the Board. No other notice of regular meetings is. required. A speci'al meeting of the Board !\'lay be called at any time, by the Eoard, the President, or one-third of the directors then in office. Notice of special meetings shaLl include the date, time, place, and purpose of the meeting, and shall be delivered to each director in writing, personally, or by any form, of wire or wireless communicationS, not less than two days prior to ,the special meeting, An annual meeting shall be held during the second quarter of each calendar year, unless an alternative time is cho$en by the Board. The annual meeting may be combined with a regular meeting. (ORS 6,.034. .337, .344) 9. MBetincr bv T~lecnmrounicatjon. The Board may permit any or all ~irectors to participate in a regular ~rspecial meeting by, or conduct the meeting through, Use of any means of, communication by which all directors participating may simultaneously hear each other during the meeting. ~ 2 OCT-26~2007 FRI 11:29 AM .."'.. ,- FAX NO, 1-', ur director participating in am~eting by' this meanS is deemed to. be present in person at the meeting'. (Q~ 65,337(3)) "10, DuortJffi. For purposes a.f Board meetings, a quarum cansists.of one-third af the prescribed number, pf director positio.ns, as set by the'Eoard. However, if there are so many vacant directors' pasitions that it is not possible to. achieve a ~orum, then the Board may nonetheless meet and elect new directars to. fill' the vacant positions, (ORS 65.334(ll<c), .351) 11. Vntino. Unless otherwise provided'i~ these Bylaws or the Articles af Incorporatio.n, the Board shall act by the affirmative vote of a, majority of the directors present" at a meeting far which a.quorum is present at the time of the' vote. In the case af decisians to dissalve, merge, or sell assets not in the ~egularcourse of business, the Board shell act by an affirmative vote of a majority of the, directors then in office. There shall be no. proxy voting, (ORS 65,351(,ll 12. Action bv Consent, Without a Meetina;. Any action ~equired or permitted to be taken at a meeting of the Board 'may be taken without a meeting if a cansent in wdting, describing the action. to be taken or 50 taken, 'is signed by all directors. ,iORS 55,341) ~rticle IV. Offic~rs. . 1, Of ricers; Election. The officers of Be shall consist of a President; vice President, Secretary, and Past President. Officers must be members of the Board. Officers may hold anly' oneaffice at a time. Officers shall bG Glected at the annual meeting of the Board for a onG-year . term or until their SUcceSsOr_s are elected. rhey shall serve a maximum af tt>lO one-year terms in sequence. An o,fficer elected to fi'll a vacancy created by resignation ,ar removal sha~l serve the unexpired portion of the term of the vacant pasition; 'such person may serve' two additianal one-year terms in, sequence., (ORS 65,371) , 2. Dutie" of Officers, The President shall preside at. meetings of the Board,and of the Executive' Committee. The President shall ,be:authorized to act on pehalf af se to implement the decisions of the Board. The Vice President shall ,perform the duties .of the President, when the President is absent. The Secretary shall keep an accurate recard af all regular or special meetings of the Board, and shall authenticate SC records., The ,Past President shall assist and ,advise the other officers. {ORS 65.371, .3741 ' 3 . any tim<'!. . . R8sionation of Officers., Officers may resign at by del,iveririg a written notice to, the Board. Once' 3 , OCT -26-2007 FRIll: 29 AM FAX NO. P. lJ~ delivered, a .notice of resignation is irrevocable, unless the ~oard decides otherwise. 4. ~ernoval of'Officers. Any officer may be removed from office by the 'Board by a two-thirds vote of all directors then in office, with or without cause. The officer shall be given at least two days' notice of the planned vote for 'removal r 'and of the officer "5 right to respond in person or in writing prior to or at the time of .the vote. (ORS 65.3ll1L 5. )'"i.llincr Officer I"'cancies., office shall be filled by the Board, a regular or speci~l meeting, A vacancy in any without undue delay, at A~ti~lA V. CcmmitteAs 1. Committees. . Committees may not disburse or transfer all or substantially all of the assets of SC;. 'elect or remove directors, officers, or committee members; dissolve or merge the corporation; or amend ar adopt A.tialas or Bylaws. Committees ,,1\all include, at least one director, and may include non-voting coromunity members ,who are not directors. (OP,; 65.354(5)) . 2z ~xecuti.ve Ca.mmitte.e. The 'President', Vice President, SecretarY, ,and Past President shall constitute an Executive committee. Except as provided in ArtiCle,V, Section 1 above, the Executive Corr~ittee shall have the power to make ongoing decisions on behalf of the Board betwee~ Board meetings, including financial and budgetary decisions, All actions taken by the Executive committee shall be reported to the Board, "at its next meeting. At least three members of the Committee must be present to constitute a quorum. Weetings may be called by the President or by two members. (ORS 65.354) 3. St"ndJna CarnmJ.ttee". The Eoard shall appoint the foll'owing standing committees, which shall report and tnake recommendations to the Board. Such committees shall not have the power to act on behalf of the Board. , . a. Planning Committee: ?rovides direction, reviews administrative declsions, and consults with administrative staff. b. Finance Committee: Reviews compensation pOlicies and practices 'of SC, and assists the executive director in the development of fiscal policy and the annual budget and in the selection of a benefit 'carrier,' and,the annual auditor and audit procedures. c. Personnel Policy Committee: Works with ,staff to meet the mandate of the SC Affirmative Action Resolution and to review and revise personnel policies; 4 OCT-26-2007 FRI 11:30 AN FAX NO, P. ' U~ " . also evaluates the executive director annually, d. Resource Development Cornmittee, Plans to meet the fundraising goals of SC. e. Board Development/Nominating Committee: Plans to meet the community relations goals of SC, including , acting as'a nominating' committee for officer and director elections at'the annual meeting: also is responsible for board assessment and director development and training, and advising on the annual board meeting or retreat; 4. Other Committees. The Board may, at any time, appoint other committees for any purpose. Such co~~ittees shall not have the power to act for the Board. (Reyj,ed. May 1998) 'ArticlG VI. Coroorate Indemnitv, SC shall indemni~y its officers and directors for their acts as officers and directors, to the fullest extent allowed by Oregon Law, <ORS 65.387, .414) Arti~le VII. Amnndments These Bylaws may be amended or repealed and new bylaws adopted, by the Board by a majority vote of directors present at a regular or special meeting, provided that notice of th~ 'proposed amendment has been given to all directors not less than two days before the meeting, and provided that the notice included. the amendment or a summary of the amendment.' . IORS 65.461) ~~ ~"~q-o\ Secrecary' of the Eoard ',\wp51\jYl\byl.w,'.SC 11\26\96 S/lSl/98 ,3/21/01 eeh\adm1n\board\by la~ 01 5 :\ Attachment-Exhibit4di Site Control Page 1 of 24 OPTION AGREEMENT AND AGREEMENT TO LEASE REAL PROPE~TY ' TO SHEl TERCARE 1, LEASE OPTION: In consideration of the sum of $50.00 (promissory note), the receipt and sufficiency of which is acknowledged, Springfield Church of the Brethren, an Oregon nonprom corporation, (Lessor), who covenants to be the owner in fee simple of the property described below, for the itself and its administrators, successors and 'assigns, ollersand agrees to lease to ShelterCare, an Oregon nonprofit corporation (Lessee) and grants to Lessee the exclusive right to lease, under the conditions provided in this Option Agreement (Agreement); the property described on Exhibit A, attached and made a part of this Option Agreement (Property) located in Lane County, State of Oregon, also known as,' 1082 Main SL Sorinofield, OreaOl;. The form of the Lease Agreement is attached as Exhibit Band made a part hereof. 2, RENT and TERM: The rent for the Property shall initially be Fourteen Thousand Four Hundred Dollars ($14, 400) per year, The rent may also be referred to as the Ground Lease Fee. Rent shall increase as provided in 1he Lease Agreement. The parties acknowledge that this is a.below-marf<et rent that reflects the savings resulting from the exemption of the' PropertY-from taxil-lion and assumes that the Property continues to be exempt from the payment of property taxes, If the property is 'obligated to pay property taxes, the Lessee shall pay the property t'!Xes as additional r~nt. The term oflhe Lease shall be Fifty (50) years from the dais of the capit~1 advance, with an option to extend the term at the sole option of Lessee for an add~ional Twenty-five (25) years, During this term, including the extension, the Lessee shall have the full riglits of possession, use and enjoyment of the Property, subject to the conditions of the Lease, At the termination of the Lease the possession of the Property, including all improvements constructed thereon by Lessee, shall revert to Lessor. ,3, FREE AND CLEAR TITLE; TITLE INSURANCE: During the term of the Lease, the Property is to be free and clear of all encumbrances except for: a. b. Taxes not assessed because of 'Religious' Exemption. The rights of the public in and to that portion of 'the Property lying within the lim~s of streets, roads and highways, , , The Lessor agrees to execute a Lease for the Property to Lessee in the form attached as Exhibit Band made a part hereof, conveying to Lessee a valid, unencumbered; indefeasible leasehold interest in the Property. Lessor shall deliver to Lessee, at closing, a Leasehold Owner's Standard Policy of T~le Insurance, insuring Lessee's leasehold interest, subject to no exceptions other than the exceptions approved' by 'Lessee's attomey. Lessor agrees to pay all expenses of title clearance. 'Lessor warrants that there are no pending or threatened condemnation, litigation, administrative or similar proceedings affecting the Property, and that, except as herein provided, all taxes, liens, encumbrances or other interests in third persons will be discharged or paid by the Lessor. 4. LENG.TH OF OPTION: . , a. Ini1ial option period: The offer shall remain irrevocable for a period of two '(2) years.fromthe date ?f this Agreement. . b. Extension of option period: It' necessary for Lessee, for the purposes of completing the financing, Lessor grants . Lessee an extension of this Agreement for one (1) additional year beyond the in~jal period. Lessee may exercise this extension option by providing Lessor w~h written notice at any"time prior to, the termination of the in~ial option period.. . 5. NOTICE REQUIRED TO EXERCISE LEASE OPTION; CLOSING: This Lease Option may be 1 - r\ttachment-Exhibit4di Site Control Page 2 of 24 " exercised by the Lessee at any time while the during the option period by mailing or delivering in person to Lessor a written notice of the Lessee's intent to exercise the option. Closing, defined as execution of ' the Lease, delivery of the policy 01 title insurance, and delivery of possession 01 the Property shall take place thirty (30) days after Lessee's exercise of the Lease Option, , ' 6. CONTINGENCIES: This Agreement is contingent upon the following conditions which are intended solely for 1he benefit of Lessee and which:can be waived by Lessee upon written notice to Lessor. Those contingencies are: a, Lessee obtaining approval of the governing body of the Lessee within 60 days of the dale of this Agreement. ' b. Lessee obtaining from the appropriate authority" within 180 days of the date of this Agreement, assurance of adequate zoning, water, sewer service, storm drainage, elec1rical service and fire protection services being available to 1he Property for the use and benefit of the en1ire Property. . c, There being no easement, right of way, lien, encumbrance, bankruptcy or other res1riction existing now or prior to closing which would adversely affect the use of the Property by the Lessee. d. The Property is no11ocated ,in a floodplain, wetlands, or other environmentally sensitive area, ,and does 'not contain.any hazardous substances. (See Paragraph 7) e, Lessee obtaining an appraisal wilhin 180 days, at no cost to Lessor, which es1imates.the fair market value of the Property and supports the rent. (See Paragraph 10). . f. Lessee obtaining financing (including, but not limited to, a Section 811 Fund Reservation) for the lease of said property and for the construction of any improvements, including infrastructure that need to be made to the sileo . g. Lessor to provide Lessee with any and all disclosures on Engineering, Environmental or other sludies, at no 'cost 10 the Lessee, which might be in the possession 01 the Lessor, All studies and information provided 10 Lessee from Lessor shall be utilized by Lessee for informational purposes only and shall not be copied or distributed to any other person or Agency wilhout written approval of Lessor. h. Lessee has completed an environmental review of the Property in accordance with Gode of Federal Regulations Title 24 Part 58, and has, de1ermined in ils sole discretion that the environm~ntal condition of the Property is acceptable to it. 7. HAZARDOUS SUBSTANCES: Lessor represent that Lessor'has no actual knowledge nor reason to know thaI 1here are or have been any hazardous substances, as defined in ORS 465.200(9), in, on, buried under, or used on the Property, and that'there,are no!. on the Property any underground storage ta'1ks that contain or previously con1ained any hazardous substances, except as stated here: Lessor ~hall immediately notify Lessee if Lessor learns of any past, present or Mure activity regarding hazardous materials on the Property. ' 8, REDEMPTION OF PROMISSORY NOTE: Within,180 days after Les~or signs this Agreement, the Promissory No1e shall be paid by Lessee to Lessor ili acCo'rdance with Paragraph 2, . 9, REMEDIES: If Lessee fails to perform under the terms of this Agreement for any reason, other than for non-satisfaction of the contingencies stated in Paragraph 6, and other than for breach of this agreement by Lessor, then LeSsor's sole recourse is to retain all payments. If Lessor breaches this agreement, Lessee may (1 ) terminate this Agreement and obtain the refund of all moneys previousiy paid to Lessor, and (2) pursue those remedies otherwise allowed by law or equily, including an action for specific performance of this Agreement. ' 10. AR.MS LENGTH TRANSACTION (R.eal Pro~rly Acquisition for Federally Assisted Programs, CFR Title 49 Part 24: Unifonn Relocation Act): Lessor and Lessee agree that Lessee is leasing the 2 Attachment-Exhibit4di Site Control Page 3 of 24 Property described in Paragraph 1, in a voluntary, arms-lengthtransaction with Lessor. Lessee does not have the power of eminent domain and the Property will not be acquired through condemnation. If negotiations fail to r:esu" in an amicable lease agreement, the Property will not be leased. The rent stated in Paragraph 2 is Lessee's estimate of the fair market value of the leasehold interest in the Property, The leasehold interest in the Property will be appraised by an independent appraiser, selected by Lessee, within 180 days. Lessor will be advised in writing of the appraised value and will be provided a copy of the appraisal within 5 working days'of the receiptof the appraisal by Lessee. a, If the appraised value of the leasehold interest in the Property is greater than the present value of the rent specified in Paragraph 2 of this Agreement to be paid over the 1erm of the Lease, Lessee may elect to increase the rent, but is not' required to do so. If Lessee elects not to increase the rent, Lessor may wi1hdraw its offer to lease or elect to continue the lease at the rent specified in Paragraph 2. If Lessor withdraws the offer of lease, this Agreement shall be deemed terminated and the Promissory Note shall be retumed to Lessee. r / b, If the appraised value is less than the value of 1he rent specified in Paragraph 2, Lessor may re1um the Agreement and Promissory Note to Lessee or Lessor may elec1to c0l11inue to offer ttle lease at the appraised Yalue. 11. PRORATION OF TAXES, ASSESSMENTS AND CLOSING COSTS: Prior years' taxes and assessments inclucfing any interest due are Lessor's responsibility: If the Property has been given an ad valorem tax deferral, then at closing Lessor shall pay all deferred taxes and other charges due. by reason of the loss of the deferral, or, at the option of Lessee, the amount of deferred taxes shall be credited against the Rent at closing, Taxes and other general and special assessments of whatever nature for the year in which the closing of the transaction takes place shall be prorated as of- the date of the closing of the transaction, If the closing of the transaction shall occur before the tax rate is fixed, the apportionment of taxes shall be on the basis of the tax rate for the next preceding year applied to the latest assessed valuation., Lessor and Lessee shall each pay one-half of the escrow fee of the Title Company with respect to closing. 12. RISK OF LOSS: Loss or damage to the Property by.fire or from an act of God shall be at the risk of the Lessor until the Lease to the Lessee has been executed, and in the event that such loss or damage ocCurs, the Lessee may, without liability, refuse to accept the Lease, or may elect to acceptthe Lease, in which case there shall be an equitable adjustment of the rent. - 13, CONSENT TO ENTER: The Lessor gives Lessee and its agents consen1to enter on 1he Property at reasonable times and to inspect or appraise i1 .or to conduct tests or studies that Lessee deems necessary. 14. ASSIGNABILITY: This Option Agreement is assignable by either party. This Agreement shall bind and inure to the benefit of the administrators, successors and assignees of the respective parties, Lessee may assign to another its interest in the Property without the consent of Lessor. 15, ATTORNEY FEES: If either party arbitrates or brings an action regarding this Agreement, the prevailing party in such action shall be entitled to recover its attorney fees and court costs, at arbitration, attrial and on appeal. . 16. DATE OF AGREEMENT: The term "date of this Agreement" shall be the date by which boih Lessee and Lessor have signed this Agreement. - . 3 .......ttachment-Exhibit4di Site Control . Page 4 of 24 17. NOTICES: Any notice required by this agreement shall be in writing, and shall be delivered in person or by first class mail, cer@ed, . Until further notice, Lessor's address is: Ruth Thompson . Springfield Church of the Brethren 1072 Main SI. Springfield. OR 97477 Lessee's address is: Susan Ban, Executive Director ShelterCare 1790 W. 11th St, Suite 290 PO Box 23338 Eugene, OR 97402 18. RECORDING: This Agreement or a memorandum of this Agreement maY-be recorded by Lessee in the real property records of the county in which the Property is located. Signatures: LESSOR: Springfield Church of the Brethren By: ~ m, Filo.A->~ . Title:QJO~lIJ~JJ~~/JpF~~ Date;.~/,rltQB .' , r t)I STATE OF OREGON . ) l )ss. County of CL..,..,J.... ) On ihis~ dav crt .;-..'O'^~ , 2008, personally appeQ.red before mem'\;"" . &\..eVl , who being duly swom, stated that she is the (",)Xl€J/'l>\J,\..\ c..""'--w- of Springfield Church of the Brethren, an Oregon nonprofit, religious corporation, and acknowledged the foregoing instrument to be her voluntary act and deed of Springfield Church of the Brethren, executed by authority of its Board .of Directors, ;-------.---.;:'..,-.... '-"'1 '., OFFICIAL SEAL : " ,LESUE COHEN :, ; N01J>.RY PUBLlC- OR'OGCN i '", ,,' COMMISSION NO. 405575 i IIY COIlll1SSJON EXPIRES MAY.2, row ~- _. -- -..c '_' -0" -- -.-- _.-.__._. . ~~ @c\d2,-, Notary Public My commission expires: ~ :), 2,0 10 ~ 4 Attachment-Exhibit4di Site Control Page 5 of 24 LESSEE: ShelterCare By: ~~ A-- ~ ~)({,fJL-ti jp1);rPf'iu< 0lLYtL 11. UJOg' Title: Date: , , STATE OF OREGON County of LJ:>,'Gl-€ ) ) SSe ) " ,,' On thisl.'day of B" ~ 'O~, ,2008, personally appeared before me,Susan Ban, who being duly sworn, stated that she is the Executive Director of ShelterCare, an Oregon nonprofit corporation, and acknowledged the foregoing instrument to be her voluntary act and deed of ShelterCare, executed by authority of its Board of Directors, l Cb,~ GoWi." . Notary Public My commission expires: ;;" '2.- 2.a \ Q Exhibits Attached: ~ - - - - " - --................. ; "'" OFFICIAL SEAl .' LESUE COHEN ; ~ NOTARY PU6lIC-ORF.GON ~ COMMISSION NO.405575 lIYCOMIIiSSIOH OAI"""", olAY2, 2010 Exhibit A: Legal Description of the Property Exhibit B: Lease 5 PROMISSORY NOTE \ Fifty and nolOO dollars $50.00 .-.ttachment-Exhibit4di Site Control Page 6 of 24 ,Oregon Date: This Promissory Note is given in accordance wtth the terms of an executed Option Agreement and Agreement to Lease' Real Property. (the "Agreement") between ShelterCare an Oregon nonproftt corporation, (Lessee) and Springfield Church of the Brethren, an Oregon nonprofit corporation, (Lessor) . In accordance wtth the terms of the Agreement, Lessee promises to pay to Lessor the sum of fifty and nolOO dollars ($50.00), with no interest, within 180 days after both Lessee and Lessor have signed 1he Agreement, ShelterCare, an Oregon nonproftt corporation By: Title: Date: 6 " Attachment~Exhibit4di Site. Control Page 7 of 24 Exhihit A: Legal Description ofthe Property , '" Beginning at a point which is 360 feet east of a point that is 94.57 feetsouth 400 40' east from a point 10s.2 feet north of the southwest comer of the Paul Brattain : donation land claim no., 63, in township 17 south, range. 3 west of the Willamete Meridian, running thence east 60 feet,. m<;>re or less, to the monument which marks the southeast comer of block 7 of Brattain's add on to Springfield, Lane County, Oregon, as platted and recorded in book 9, page 6, Lane County Oregon plat' records before same was vacated; thence north 196.3 feet; thence west 60 feet; more or less to a point due north of the beginning point; thence south 196.3 feet to the place of : beginning, in Lane County, Oregon excepting: that portion of the above-described premises included in that certain deed wherein Paul Hadleyand Pearl Hadley, husband and wife; were grantors, and the town of Springfield, was grantee, registered in book 14, page 480, of the certificate of registered titles, reception no. 3474; in Lane County, Oregon. " Tax Parcel Number: 0316842 " , . - t\ttachment.Exhibit4di Site Control Page 8 of 24 50-Year Ground Lease (with 25 Year Option to Extend) THIS GROUND LEASE made and entered into this day of . 200_ by and between Sprinfield Church of the Brethren, an Oreg'on nonprofit corporation, as Lessor; and , as Lessee (sometimes hereinafter referred to as "Ground Lessee"). WHEREAS, the Lessee shares the same purposes and goals of the Lessor as it applies to the goal providing supportive housing for persons with chronic mental illness, and has agreed to enter into this Lease to expand housing for such persons; and WHEREAS" Lessor and Lessee recognize the special nature of the terms and conditions of the Lease, and each of the parties hereto, with the independent a,nd infonned advice of legal counsei"freely accepts said terms and conditions, including, without limitation, such tenns and conditions as might affect the marketability or resale price of any residential structures or other improvements on the leased premises; and WHEREAS, it is mutually understood and accepted by Lessor and Lessee that the tenns and conditions of this Lease shall further the parties' shared goals over an extended period of time and through a succession of owners; NOW THEREFORE, in consideration of the foregoing recitals, of mutual promises of the parties hereto, and of other good 13nd vaiuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I: Acknowledgement It is acknowledged by both parties that both parties legal counsel have reviewed this Lease document, set forth their revisions to their reviews of this document and have finalized the Lease document, which appears herein. By signing this Lease both parties concur and agree to the understanding of this Lease, the terms and conditions contained herein, and reiated documents for this transaction. ARTICLE II: Demise of Leased Premises 2.1 PREMISES: The Lessor, in consideration of the rents reserved and the tenns, conditions, covenants and agreements herein, does hereby demise and leave unto Ground Lessee, and Ground Lessee does hereby take and hire from Lessor, the property (referred to in this Lease as the "Leased Premises") which is described in Exhibit A, attached and made a part of this Lease by this reference. Lessor has furnished to Ground Lessee a copy of the Title Insurance Policies for said taxlots previously obtained by Lessor for the Premises, and Ground Lessee accepts the @e infonnation regarding the Leased Premises in their condition "as is" as of the execution hereof. 2.2 RESERVATION OF MINERAL RIGHTS AND OTHER UNDERGROUND RIGHTS: Lessor reserves to itself all the minerals, other extractive resources and all rights to use the property for underground public utilities that do not interfere with use of the site for residential improvements. Attachment.Exhibit4di Site Control Page 9 of 24 ARTICLE III: Duration of Lease 3,1 PRINCIPAL TERM: The term of this Lease shall be 50 years, commencing on the day of . 200_ and terminating on the _day of _ 2_, unless terminated sooner or extended as provided herein. 3.2 GROUND LESSEE'S OPTION TO EXTEND: Ground Lessee may at its sole option and without approval of Lessor extend the principal term of this Lease for one (1) additional period of 25 years, subject to all of the provisions of this Lease. Ground Lessee's right to, exercise the option to extend is subject to the following conditions: 1. this Lease shall be in effect at the time notice of exercise is given and on the last day of the term; and there shall not then be an Event of Default by Lessee (as, defined in Article XII hereof) under this Lease nor under any loan documents between Ground Lessee and any Permitted Mortgagee (hereinafter defined). 2. In order to extend the term of this lease, Ground Lessee shall give Lessor written notice, nof more , than 365 nor less 'than 60 days before the last day of the current term, irrevocably exercising the option to extend. Each party shall then execute a memorandum, in mutually agreeable recordable form, acknowledging the fact that the option had been exercised and otherwise complying with the requirements of law for an effective memorandum or notic,:! of lea~e. 3.3 CHANGE OF LESSOR; LESSEE'S RIGHT TO PURCHASE: 'In the event that ownership of or title to the land on which the Leased Premises is located (the "LandO) is' conveyed or transferred (whether voluntarily or involuntarily) by Lessor to any other pi:lrson or entity, this Lease shall nol'cease, but shall remain binding and unaffected. However, in the event Lessor desires or attempts to sell,. conveyor olherwise transfer the Land to any person or entity other than to a non'profit corporation, charitable trust, governmental agency or other similar entity sharing the goals and objectives set forth in the Recitals above (or as security for 'a mortgage'loan), the Ground Lessee shall have a right of first refusal to purchaselhe Land as set forth in Section 10,5. Any sale or other transfer contrary to this Section shall be null and void. ARTICLE IV: Use of Leased Premises 4,1 RESIDENTIAL USE ONLY: Ground Lessee shall use, and shall cause all occupants thereof to use, the Leased Premises and Impro.vements (as defined in Section 7.1) only for residential purposes and such incidental activities related to residential use by the targeted population as stated in the recitals and as are permitted by applicable zoning law. In addition, transfers of Ground Lessee's interest in the Leased Premises shall be subject to the, restrictions hereof, including Articles X and XI. Ground Lessee " . agrees and acknowledges that the foregoing limitations, all other conditions and restrictions contained herein, and any conditions and restrictions set forth are essential to the fulfillment of the targeted housing purposes of Lessor and are conditions and restrictions on the use ,of the Leased Premises intended to run the full term of this Ground Lease. r\ttachment-Exhibit4dl Site Control Page 10 of 24 4.2 RESPONSIBLE USE: Ground Lessee shall use the Leased Premises in a manner so as not to cause actual harm to others or create any nuisances, public or private. 4.3 RESPONSIBLE FOR OTHERS: Lessee shall be responsible for the use of the Leased Premises by any residents thereof, families, their friends or visitors, or anyone else using the Leased Premises with their consent, and shall make them aware of the spirit, intent and appropriate terms of this Lease, 4.4 OCCUPANCY: Ground Lessee or its agents shall cause the leased premises to be occupied by the targeted population outlined in the recrtials. 4,5 INSPECTION: Lessor may inspect any portion of the Leased Premises at any reasonable time, but not more than two (2) times, in a single calendar year, and in any reasonable manner, upon at least twenty,four (24) hours oral notice to Lessee. In the event of emergency, Lessor may inspect any portion of the Leased Premises without notice provided the. Lessor shall have made reasonable efforts to give advance notice to Ground Lessee, 4.6 LESSEE'SRIGHT TO PEACEFUL ENJOYMENT: Lessee has the right to undisturbed enjoyment of the Leased Premises, and Lessor has no desire or intention to interfere with the persona,l lives, associations, expressions, or actions of Ground Lessee, subject to the terms, covenants, conditions, provisions, restrictions, or reservations of this Lease, 4.7 CONDITION OF LEASED PREMISES; COMPLIANCE WITH LAW: Ground Lessee shall maintain the. Leased Premises and Improvements in good, safe, and habitable condition in all respects except for normal wear and tear, and in full compliance with all applicable laws, ordinances, rules and regulations of any governmental authority' with jurisdiction over matters concerning the condition of the Leased Premises and improvements. ARTICLE V: Ground Lease Fee 5,1 GROUND' LEASE FEE: In consideration of the possession, continued use and occupancy of the Leased Premises, Ground Lessee shall pay to Lessor a yearly Ground Lease Fee (the "Ground Lease Fee") in the amount of Dollars ($ .00). The Lessee shall be responsible for payment of all real property taxes, special assessments on the land and improvements, insurance on the land or improvements, or other land related costs and taXes. 5.2 ADJUSTMENT IN GROUND LEASE FEE: On each fifth annual anniversary date of the Commencememt Date of this Lease, Lessor shall adjust the Ground Lease Fee in the same percentage as the increase, if any, in the Consumer Price Index (the "IndexO) published by the Uni1ed States Department of Labor, Bureau of Labor Statistics for the area including Springfield, Oregon. 5.3 PAYMENT OF GROUND LEASE FEE: The Ground Lease Fee shall be payable at Lessor's principal address ~pecified herein on the first day of each calendar year of the term hereof. Attachment.;.Exhibit4di Site.Control Page 11 of 24 ARTICLE YI: Taxes and Assessments 6.1 LESSEE'S RESPONSIBILITY FOR TAXES AND ASSESSMENTS ON IMPROVEMENTS: Ground Lessee shall be responsible for payment of all taxes 'and assessments, no matter how designated, that relate to the Improvements on .the Leased Premises (any or all of the foregoing, "Taxes"), So long as Ground Lessee shall not be in monetary default hereunder, Ground Lessee is instructed by Lessor to pay ~uch Taxes directly to the taxing or assessing authority. Ground Lessee shall also p~y directly, when due, any and all other seryice bills, utilities charges, or other governmental assessments charged against the Leased Premises. , > 6.2 GROUND LESSEE'S RIGHT TO CONTEST: Ground Lessee shall have the right to contest the amount or validity of any Taxes relating solely to the Improvements. Lessor may, upon written notice to the Ground Lessee, join in any such proceedings, All other costs and expenses of such proceedings , shall be paid by Ground .Lessee. Notwithstanding the foregoing, taxes. or assessments against or inclu9ingt~e Land shall be contested only with the concurrence,of Lessor inits,sole discretion.. .6.3 PAYMENTS IN EVENT OF DELINQUENCY: In the event thai Ground Lessee fails to pay the Taxes or other charges specified in Section 6.1 above which are not otherwise part of the Ground Lease Fee, Lessor may increase Ground .,Lease Fee payments in amounts such that the total sum collected will offset the cost of any delinquent'and current Taxes or other charges, and make such 'payments in a timely' mariner.. I 6,5 PROOF OF COMPLIANCE: Concurrently wrth the payment thereof, each party, when requested, shall furnish evidence satisfactory to the other documenting the payment of all taxes, assessments, and charges paid by such party as required o~ permitted by the provisions of this ,Ground Lease, A photocopy of a paid receipt for such charges showing payment prior to the due date thereof shall be the usual method of furnishing such evidence. ARTICLE VII: Improvements 7,1 OWNERSHIP: ti is expressly understood and agreed that any and all buildings, structures, fixtures, and other improve~enis p'urchased by the Ground Lessee or constructed' or placed by the Lessee upon any part of the Leased Premises at any time during the term of this Ground Lease (the "Improvements") shall be and remain. property of the Lessee, Title 10 such Improvements shall be a,nd remain vested in 1he Ground Lessee. The Ground Lessee's exercise of 1he rights of ownership is subject and subordinate, however, to the provisions hereof, in particul"r Article X, regarding the disposition of Improvements by the Ground Lessee and the,Lessor's option to purchase the Improve,:"ents, In addition, Ground Lessee shall not sever or move the Improvements from the Land; provided further that if Lessee's, rights under this instrument are terminated for default, at any time, when the improvements contemplated by. the Ground Lease are under construction and not substancially complete, then Lessor, at its option, ,may demand the Lessee remove the improvements from the property, within a commercially reason"ble period of time, and if not so removed, the improvements shall be deemed abandoned and,all rights and title to the,same shall revert to the Lessor. . >' , Attachment~Exhibit4di,Site Control Page 12 of 24 7.2 CONSTRUCTION AND ALTERATION: Any construction in connection with an existing or new Improvement is subject to the following conditions: (a) all costs shall be borne and paid for by the Ground, Lessee; (b) .all construction shall be performed in a workerlike manner and shall comply with all applicable laws, ordinances 'and regulations, including the requirements of local and state public health authorities; (c) all construction must be consistent with the permitted' uses set forth in this Lease rediials and A~icle IV; (d) the exlerior (including height) of such Improvements shall not be increased or expanded and new Improvements shall not be constructed without the prior written consent of Lessor; and (e) Ground Lessee shall fumish to Lessor a copy of any plans therefor and all building permits for such construction prior to commencing construction. 7.3 PROHIBITION OF CONSTRUCTION LIENS: No lien for services, labor or materials resulting from Lessee's capital improvements shall attach to the Lessor's title to the Land or to Lessor's interest in the Leased Premises or to any other property owned by the Lessor Ground Lessee shall not suffer or permit any vendor's, mechanic's, laborer's, or materialman's' statutory or similar lien to be ,filed agai~st the Premises, ttie'lmprovements, or any interest of Lessor or Ground Lessee which remains more than sixtY (60) days after filing thereof, and Ground Lessee shall.cause the same to be discharged of record by payment, deposit, bond, .order of a court of competent jurisdiction or as otherwise permitted by la)o'l. If , ' Ground Lessee shall fail to cause such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy of Lessor, Lessor may, ,but shall not be obligated to, discharge t~e same by paying the amount in question. Ground Lessee in good faith and at Ground Lessee's expense may contest the validity of any such asserted lien, provided Ground Lessee has furnished a bond in an amount set by statute or otherwise sufficient' to release the Leased Premises from such lien. Any amounts paid by Lessor hereunder in respect of such liens shall be deemed to be an additional Ground Lease Fee payable by Ground Lessee upon demand. 7.4 MAINTENANCE: Ground Lessee shall, at Ground Lessee's sole expense, maintain the Leased Premises and all Improvements in accordance with all applicable laws, rules, ordinances, orders and regulations of all governmental agencies and entities with jurisdiction and all insurance companies insuring all or any part of the Leased Premises or Improvements. Lessor shall not be required to furnish any services or facilities, including but not limited to heat, electncity, air conditioning or water, or to make any repairs to the Leased Premises or Improvements, and Ground Le.ssee hereby assumes the f~1I and sole responsibility for furnishing all services or facilities. . 7.5 DISPOSITION OF IMPROVEMENTS UPON EXPIRATION OF LEASE TERM: Upon the expiration of ' the term hereof as such term may be exlended or sooner terminated 'in accordance with this Lease, Ground Lessee shall yield up and surrender the Improvements together with the Leased Premises to the Lessor The Improvements shall thereupon revert in title to Lessor, provided, however, that in the event of a reversion upon the expiration of the term hereof the Lessor shall tiromptly pay to the Ground Lessee as consideration for the Improvements an amount 'equal to the Lessor's Actual Purchase Option Price calculated in accordance with Article X hereof as'of the time of such reversion in title. In'anticipation of such reversion of title and Lessor's obligation to pay Lessee for the Improvements as aforesaid, not' later than two (2) years prior to the expiration of the term hereof, Lessor shall present to Lessee a plan specifying in reasonable detail Lessor's intended means of satisfying its obligations under this Section 7.5 Attachment-Exhibit4di Site Control Page,13 of 24 ARTICLE VIII: Financing 8.1 MORTGAGES AND COVENANTS: Ground Lessee may mortgage, pledge, or encumber the Leased . " Premises or any portion thereof or interest therein without Lessor's approval or consent, provided that nothing contained in such Permitted Mortgage or related documentation shall obligate Lessor to execute an assignment.of the Ground Lease Fee or other rent payable by Ground Lessee under the terms of this Ground Lease. 8.3 RIGHTS OF MORTGAGEE OR COVENANT HOLDER: Any mortgagee or covenant holder shall, without requiremen1 of consent by the Lessor, haye the right, but not the obligation, tei: ,a) cure any default under this Ground Lease, and perform any obligation required hereunder, such cure or performance being effective as if the same had been, undertaken and performed by Ground Lessee; b) acquire and convey, assign, transfer and exercise any right, remedy or privilege granted to Ground Lessee by this'Ground Lease or otherwise by law, subject to the terms of this Lease; and c) rely upon and enforce any provisions of this Ground Lease to the extent that such provisions are for the benefit of a mortgagee or covenant holder. 'Mortgagee or covenant holder shall not, as a condition to the exerCise of its rights hereunder, be required to assume personal liability for the payment and performance of'the obligations of the Ground Lessee hereunder. Any such payment or performance or other act by mortgagee or covenant holder hereunder shall not be construed as an agreement to assume such personal liability except to the e~ent the mortgagee or covenant holder actually,takes possession of the Leased Premises or collects fees or rentals from the Leased Premises, In the event the mortgagee or covenant holder does take possession of the Leased Premise's and thereupon transfers the'Leased Premises, any such transferee shall be required to entet into' a written agreem'ent assuming such personal liability and upon any such assumption the mortgagee or covenant holder shall automatically be released from personal liability' hereunder. . " . 8.4. AP~ROVAL OF AMENDMENTS: Any amendments to 'this Qround Lease shall be subject to the written a.pproval of any mortgagee or covenant holder, which approval shall not be unreasonably withheld or delayed. The passage of thirty (30) days after submittal of a proposed amendment without approval or disapproval by a mortgagee or covenant holder shall be deemed approval thereof. 8,5 NO TERMINATION DURING FORECLOSURE: The ,Lessor shall have no' right to terminate this Ground Lease during such time as any mortgagee has commenced foreclosure in accordance with the provisions of its mortgage and is,diligentl}'pursuing the same. 8,6 PROVISIONS Sl)BJECT TO FORECLOSURE: In the event of a foreclosure sale by a mortgagee or the delivery of a deed in lieu of foreclosure, at the election of thE> Lessor the provisions of Article X, Lesse,e's Option to Purchase, shall be deleted and thereupon shall be of no further force or 'effect as to . only so much of 1heleasehold so foreclosed upon or transferred. In such an event of a foreclosure, the successor owner of the leasehold will be limited to the same type use of the Leased Premises (tor supportiye housing for persons with chro~ic mental illness) as is permitted and allowed under the contract recitials contained herein. .....ttachment.Exhibit4di Site Control Page 14 of 2.4 8.8 NOTICE: Whenever in this Article notice is to be given ,to a mortgagee or covenant holder, such notice shall be given in the manner set forth in Article XIV, Section 14.1 at the address which has been given to Lessor by a written notice to Lessor sent in the manner set forth in said Section 14,1 hereof, ARTICLE IX: Liability, Insurance, Damage;and Destruction, Eminent Domain 9.1 LESSEE'S LIABILITY: From and after the date hereof, Ground Lessee assumes sole responsibility and liability to any and all persons and authorities related to its possession, occupancy and use of the Leased Premises. 9.2 INDEMNIFICATION OF LESSOR: Ground Lessee shall defend, indemnify and hold Lessor harmless against all liability and claims of liability for damage or injury to person or property from any cause on or about the Leased Premises. Ground Lessee waives all claims against, Lessor ,for damage or injury to person or property on or about the Leased Premises arising, or asserted to have arisen, on or about the Leased Premises from any cause whatsoever. Notwithstanding the foregoing two se~tences, Lessor shall remain liable (and Ground Lessee shall not indemnify and defend Lessor against or waive such claims of liability) for damage or injury due to the grossly negligent or intentipnal acts or omissi?ns of Lessor or Lessor's agents or employees. 9.3 PAYMENT BY LESSOR: In the event the Lessor shall be required to pay any sum whatsoever which is the Ground Lessee's responsiblity or liability, the Ground Lessee shall reimburse the Lessor therefore and for reasonable expenses caused thereby. 9.4 INSURANCE: Lessee shall, at Lessee's ,sole expense, keep all Improvements continuously insured against loss or damage by, fire and the extended coverage h!3Zards ior the full replacement value of such Improvements or such lesser, amount which shall be sufficient to avoid co-insurance of the Improvements. Lessee shall, at Lessee's sole expense, maintain continuously in effect bodily injury liability insurance covering the Leased Premises and its appurtenances in the amounts of not I~ss than one million U,S.dollars ($1,000,000) for injury to or death of anyone person; and than one million US, dollars ($1,000,000) for injury to or death of any number of persons in one occurrence; and than one million U.S. dollars ($1,000,000) for property damage or in the amounts as required' by Lessee's mortgagees, ~hichever is higher. The dollar amount of each such coverage snail be adjusted at least every five (5) years from the date hereof, upon 180 days notice to, Ground Lessee. Such insurance shall specifically insure Ground Lessee against all liability assumed hereunder, as well as all liability imposed by law, and shall also insure Lessor as an additional insured so as to create the, same liability on the part Of insurer as though separate policies had been written for Lessor and Ground Lessee. Ground Lessee shall provide Lessor with copies of all policies and renewals thereof. All policies shall also contain endorsement~ providing that they shall not be cancelled: reduced in amount or coverage or otherwise modified by the insurance carrier involved without not less than thirty (30) days prior written notice being given to Lessor. 9.5 DAMAGE OR DESTRUCTION: Except as provided below in this Section, in the event of fire or other casualty to any Improvements, Ground Lessee shall forthwith commence, and thereafter diligently and continuously prosecute to completion, the repair of such damage and the restoration of such Attachment-Exhibit4di Site Control Page 150f24 Imprevements te their cenditien immediately prier te such damage, All such repairs and resteratien shall be cempleted as premptly as pessible.Greund Lessee shall.alse promptly take all steps necessary te assure that the Leased Premises shall be and remain safe and the damaged Imprevements not censtitute a hazard .or danger te persens .or property frem the time .of the fire .or ether casualty. If Ground Lessee, using reasenable judgment and in reliance upen prefessienal estimates and advice, determines either (a) that such full repair and/er resteratien is physically impossible, .or (b), previded that Ground Lessee has fulfilled all .of the hazard insurance requirements set ferth in Sectien 9.4 hereef, the available insurance proceeds are net mere than eighty percent (80%) .of the cest .of such repair and/er resteratien, then Greund Lessee may terminate this Lease by written netice te Lesser given net later than sixty ,(60) days after the .occurrence .of a fire .or ether casualty which ~auses subs1antial damage te the Imprevements, Such terminatien netice shall net, hewever, be effective until sixty (60) days after the date upen which it is received by Lesser. During such time Lesser shall have the eppertunity .te seek an adjustment frem the insurer se as te increase the ameunt .of available insurance proceeds, arrange fer such, repair and/or resteratien at a cest sufficiently lew se as te aveid cenditien (b) .of the preceding sentence, .or design a partial restoratien .of the Improvements which weuld be sufficient te provide Ground Lessee with Imprevements .of reasenably equivalent quality that are reasenably useable by Greund Lessee, with a.fieer area net less than eighty percent (80%) .of the fieer area .of the Improvements as they existed immediately prier te such fire .or ether casualty; and in any .of the feregeing cases, the Lesser may render Ground Lessee's terminatiennetice null and veid by written netice .of such actien te Greund Lessee within such additienal sixty (60) day peried. If Lesser shall fail te se nullify the terminatien ne1ice, then this Lease shall terminate at the expiratien .of such sixty (60) day peried after Lesser's receipt .of Ground Lessee's terminatien netice, and any preceeds .of insurance payable 'te Greund Lessee en acceunt .of such fire .or ether casualty shall be paid as previded belew, Such preceeds shall b~ paid first te the mertgagee, up te the ameunt required by the mertgage; and secend, te the expenses .of cellectien thereef Remaining proceeds shall be paid te the Greund Lessee, 9.6 EMINENT DOMAIN AND PUBLIC DEDICATIO.N: In the event .of a taking .of the entire Leased Premises by reasen .of eminent demain .or ether actien .of public a!'therity prier te the expiratien .of the term .of this Lease, this Lease shall terminate as .of the date Greund Lessee is thereby required te give up pessessien .of the Leased Premises, and the entire ameunt .of any award(s) paid shall be allecated between Lessee and Lesser accarding ta the same .order .of allecatien as that calculated far a casualty accerding te the preceding Sectien 9.5. In the event .of a taking .ef less than the entire Leased Premises, then the preceeds paid .or payable by reasen .of such taking shall be allecated as fellews: , a) , If the Imprevements may reasenably be restered te a residential use censistent with this Greund Lease, the Lesser may in its discretien allecate seme .or all .of the proceeds te enable Greund Lessee te repair and restere that which may .remain thereef b) Any remainder after such allecatien shall be paid ever in accerdance with an allecatien made as provided abeve fer a taking .of 1he entire Leased Premises.' Any and all proceedings breught by a party in cennectien with the claim .or ciaims fer damages as a result . " ., .of any taking referred te in this Sectien shall be cenducted by and at the sele expense .of such party. If any previsien .of law newer hereafter in effect shall require that 'said preceedings be breught by .or in the Attachment-Exhibit4di Site Control Page 16 of 24 name, of any owner or lessee of the premises, such party shall join in such proceedings or permit the same to be brought in its name. Each party covenants and agrees to do any and all acts and to execute any and all documents which may be required to enable the other to maintain such proceedings, If such party required to join in the proceedings shall, incur any cost or expense in connection with such proceedings, such party shall be entitled to reimbursement for the reasonable amount thereof and the' same shall likewise constitute a lien against any amount awarded to Lessee as the value of Lessee's . , interest in the property or as damages for the taking or otherwise. 9.7 RELOCATION OF. LESSEE: In the event of a termination of this Lease by reason of damage, casualty or taking, Lessor shall take reasonable steps to grant Ground Lessee a leasehold interest in another tract that it owns, if such other tract is then vacant and available for the same use and if Ground Lessee agrees to contribute any proceeds or award received by Lessee to purchase or develop such other property and enter a Lease substantially similar to this one. In no event shall Lessor be required to terminate the tenancy of any other lessee or withhold ani property from development or r.ental so as to acCommodate Ground Lessee, and Lessor's failure to supply similar leasehold premises or any premises whatsoever shall not give rise to any cause of action by Ground Lessee against Lessor for damages, specific performance or other remedy. ARTICLE X: Option to Purchase and Right of First Refusal 10.1 LESSEE'S OPTION TO PURCHASE: Lessor shall have the option to purchase the Leased Premises during the Option Period set forth in Section 10.2 below at the Purchase Option Price calculated as set forth in Section 10.3 below, 10.2 OPTION TERM: The Option Term shall begin 360 days before the termination of the Principal Term of the Lease and shall terminate on the termination date of the Principal Term, unless the Lessee has exercised its optiC?n to extend the Principal Term as provided in Section 3.2, in which case the Option Term shall begin 360 days before the termination of the Option Term. The Lessee may exercise the Option at any time during the Option Term, by giving written notice to Lessor of such exercise. The notice of exercise shall state that the Option is exercised without condition or qualification. 10.3 LESSEE'S PURCHASE OPTION PRICE: The Purchase, Option Price shall be the market value of the Land (without regard to the market value of the Improvements) at the time of the exercise of th~ Option by Lessee. The fair market value of the Property shall be appraised according to its existing use supportive housing for persons with chronic mental illness to the extent continuation of such use is' required under a'ny restrictions applicable to the Leased Premises. Any such appraisal shall' be made in ' the manner described in Section'1 0.4 below and the appraisers performing such appraisals shall each be members of the Master Appraiser Institute and shall have experience in the geographic area in which the Land is located. 10.4 CHOICE OF APPRAISER: Lessor and Lessee shall select a mutually acceptable appraiser.. In the event the parties are unable to agree upon an appraiser each shall select an appraiser.. If the difference between the two appraisals is less than or equal to ten percent (10%) of the lower of the two appraisals, Attachment.;.Exhibit4di Site Control Page 17 of 24 the fairmarket value shall be the average of the two appraisals. If the difference between the two appraisals is greater than ten percent (10%) of the lower of the two appraisals, then the two appraisers shall jointly, select a third appraiser whose determination of fair market value shall be deemed binding on all parties. Lessor and Lessee'shall share the cost equally of any appraiser jointly selected or shall pay the costs of the appraiser they each select and shall share the cost equally for any third appraiser. 10.5 Right of First Refusal. If at aQY time, Lessorshall desire to accept a bona fide offer for the Land from any person or entity other than a non-profit corporation, charitable trust, governmental agency or .. , other similar entily sharingthe.goals and objeciives set forth in the Recitals above (or as security for a mortgage loan), Lessor shall deliver a copy of the proposed offer to the Lessee and the Lessee shall have the right, to be exercised by written notice to Lessor within twenty (20) days alter receipt of a copy of the proposed offer from Lessor, to respond in writing to Lessor indicating that the Lessee desires to 'purchase the Land and on exactly the terms and corii::titions set forth in the notice', except that the purchase price shall be determined in accordance with Section 10,3 above. If the Lessee does not timely respond, to' Lesso~s notice, Lessor will be free to sell the Land' on substantially the terms as those set forth in the no11ce. .' , ARTICLE XI: ASSIGNMENT AND SUBLEASE Except as otherwise provided in Article VIII regarding Permitted Mortgages a~d' Article X regarding 1ransfers, Ground Lessee shall not assign, sublease, sell or otherwise convey any of Ground Lessee's rights under this Lease without the prior written consent of the Lessor. Lessee agrees that Lessor shall have broad and full discretion to withhold such consent in order to further the mutual purposes and goals set forth herein, If permission is granted by the Lessor, any assignment or sublease shall be subjecfto the following conditions: a) any such assignment or sub~ease shall be subject to all of the terms and provisions of this Lease; ,b) in the case of,a sublease, the r!!ntal or occu~ancy fee charged the.sublessee shall not be more than that amount charged the Ground Lessee by the Lessor, plus an amount approved by Lessor to cover costs to Ground Lessee for the Improvements; and c) in the case of an assignment, the total consideration for such assignment and the related sale or transfer of the Improvements shall not exceed the Purchase Option, Price as calculated in accordance with Article X hereof: , . Noihwithstanding the foregoing, nothing in this Article XI shall 'limit GroundLessee's right io lease units in any Improvements to the Leased Premises subject to the limitations oiherwise set forth in this Ground . . , . ( Lease. ARTICLE XII: DEFAULT' 12.1 EVENTS OF DEFAULT: It shall be an Event of Default: a) if Ground Lessee shall fail to pay the Ground Lease Fee or other charges for which provision is made herein within thirty (30) days alter Lessor has sent to Ground Lessee notice of such default and such default is not cured within thirty (30) days alter a subsequent notice from Lessor to Ground . .itachment-Exhibit4di Site Control Page 18 of 24 Lessee, provided that if Lessee's default is due to a failure to receive funding under any contracts between Lessee and federal or state governmental agencies, Lessee, shall have the longer of thirty, (30) days following the receipt of said funds or one hundred and eighty (180).daysto cure the default.; or b) if Ground Lessee shall fail to perform or observe any other material term or condition in this Lease; and such failure is not cured by Ground Lessee within sixty (60) days after notice thereof from Lessor to Ground Lessee; however, in the case where ttie Ground Lessee has commenced to cure such defauitwithin such sixty (60) day period and is continuing such cure with all due diligence but cannot by the exercise of due diligence cure such default within such period, such period shall be extended for such additional period as may be reasonably required under the ~ircumstances to complete such cure; or c) if the estate hereby created shall be taken on execution or by other process.of law, or if Ground Lessee shall be judicially declared bankrupt or insolvent according to law, or if any assignment shall be made of the property of Ground Lessee for the benefit of creditors" or if a receiver, trustee in involuntary bankruptcy or other similar' officer shall be appointed to take charge of all or any substantial part of Ground Lessee's property by a court.of competent jurisdiction, or if a petition shall be filed for the reorganization of Ground Lessee under any provisions of the Bankruptcy Act now or hereafter' enacted, of if Ground Lessee shall file a petition for such reorganization, or for arrangements under any provision of the Bankruptcy Act now or hereafter enacted and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts. In any of said cases Lessor may, immediately or at any time thereafter, terminate this Lease, and initiate summary proceedings against Ground Lessee, Pursuant to such proceedings, without demand or notice, , , . Lessor may enter into and upon the Leased, Premises or any part thereof in the name of the whole and repossess the same, and expel Ground Lessee and those claiming through or under Ground Lessee and remove its or their effects without being guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant. If this Lease is terminated by Lessor, or if Lessor re-enters the Leased Premises purs'uant to an Event of Default, the Ground Lessee agrees to pay and be liable for any unpaid Ground Lease Fee; damages which may be due or sustained prior to or in connection with such termination or re'entry, and all reasonable costs', fees and expenses (including, without limitation, reasonable attorneys' fees) incurred by Lessor in pursuit of its remedies under this Lease. 12.2 LESSOR'S DEFAULT: Lessor shall in no event be in default in the performance of any of Lessor's obligations hereunder unless and' until Lessor shall have failed to perform such obligations ,:"ithin sixty (60) days, or such additional time as is reasonablly 'required to correct any default, after notice by Ground Lessee to Lessor properly specifying wherein Lessor has failed to perform any such obligation. ARTICLE XIII: ARBITRATION 13.1 ARBITRATION PROCESS: Should any grievance or dispute arise between Lessor and Ground Lessee concerning the terms ofthis Lease which cannot be resolved by normal interaction, thefollowing arbitration procedure shall be used. ' Attachment-Exhibit4di'Site Control Page 19 of 24 . Lessor or Ground Lessee shall notify the other by written notice of its selection of a disinterested arbitrator. Within fifteen (15) days of the receipt of this writtin notice, the other party may by written notice to the initiator of the arbitration process appoint a disinterested arbitrator of its own chioce. These two arbitrators shall select a third arbitrator. If the other party fails to timely name an arbitrator in response to the receiving of the written notice from the initiator, the arbitrator selected by the initiator shall be the sole arbitrator. The arbitrator or arbitrators shall hold a hearing within thirty (30) days after the initial written notice by the initiator of the arbi1rationprocess. 'At the hearing Lessor and Ground Lessee shall have an opportunity to present evidence and question witnesses in the presence of each other. The,parties shall be entitled to conduct discovery in accordance with the Oregon Rules of Civil Procedure, subject to limitations set by the arbitrator to secure a just and efficient resolution of the dispute. A party' substantially prevailing in the arbitration shall also be entitled to recov,er such amount for its c~st~ and attorney fees incurred in connection with the arbitration',as shall be determined by the arbitrator or arbitrators. Judgment upon the arbitration award may be entered in any court having jurisdiction. The parties agree that the arbitrators shall have no jurisdictionJo consider evidence with respect to or render a,n award or judgmentfor punitive damages (or any other amount for the purpose of imposing a penalty). All facts and other information relating to any arbitration arising under this Agreement shall be kept confidential to the fullest extent permitted by law. As soon as reasonably possible, and in no event later than fifteen (15) days after the hearing, the arbitration panel shall make a written report to the Lessor and Lessee of its findings and decisions, , including a personal statement by each arbitrator of his/her decision and the, reasons for it If the amount in controversy exceeds $10,000, the decision of the arbitrator or arbrtrators shall include a statement specifying in reasonable detail the basis for and computation of the amount of the award, if any, The , arbitrators shall decide the dispute or claim in accordance with 1he substantive law of the jurisdiction and what is just and equitable under the cricumstances. The decisions and awards of the majority of the arbitration panel shall be binding and final between the Lessor and. Lessee, ARTICLE XIV: GENERAL PROVISIONS 14.1 NOTICES: Whenever this Lease requires either party to give notice to the other, the notice shall,be given in writing and delivered in person or mailed, by certified orregistered mail, return receipt requested, to the party at the address set forth below, or such other address designated by like written notice: I(to Lessor: Ruth Thompson Springfield Church of the Brethren 1072 Main St Springfield, OR 97477 with a copy to: Attachment-Exhibit4di Site Control Page 20 of 24 , If to Lessee: Susan Ban, Executive Director ShelterCare . '1790 W. 11th St, Suite 290 PO 'Box 23338 Eugene, OR 97402 All notices, demands and requests shall be effective upon being deposited in the Unijed States Mail or, in the case of personal delivery, upon actual receipt. 14.2 SEVERABILITY AND DURATION OF: If any clause, Article, Section, paragraph, or subparagraph of this Lease shall be unenforceable or invalid, such material shall be read o'ut of this Lease and shall not affect the validitY of any other Section, clause, Article, paragraph, or subparagraph, or give rise to any cause of action of either party to this Lease against the other, and the remainder of this Lease shall be valid and enforced to the fullest extent permitted by law. It is the intention of the parties that their respective options to purchase and all other rights and options hereunder shall continue in full lorce and effect for the duration of the term ofthis Lease and 'any' renewal thereof, and such options and other rights shall be considered to be coupled wijh an interest. 14.3' WAIVER: The waiver by Lessor of, or the failure of Lessor to take action with respect to, any breach of any term, covenant, condition, provision, restriction, or reservation herein contained shall not be deemed to be a waiver of such term, covenant, condition, provision, restriction, or reservation or subsequent breach of same, or of any other ,term, covenant, condition, provision, restriction, or reservation herein contained. Lessor may grant waivers in the ,terms of this Lease, but such must be in writing and signed by Lessor before being effective. 14.4 LESSOR'S RIGHT TO PROSECUTE OR DEFEND: Lessor shall have the right, but shall be under no duty or obligation, to prosecute or defend, in its own or the Lessee's name: any actions or proceedings appropriate or necessary to the protection of its title to, and Lessee's perpetual occupancy, use, and possession of or interest in the lea.sed premises, Whenever requested by Lessor, Lessee shall give Lessor all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding. 14.5 CONSTRUCTION: Whenever in this Lease a pronoun is used it shall be construed to represent either the singular or the plural, masculine or feminine, as the case shall demand. 14:6 CAPTIONS AND TABLE OF CONTENTS: The captions and table of contents appearing in this Lease are for convenience only, and are not a part of this Lease and do not in any, way,limit or amplify the terms, covenants, conditions, provisions, restrictions, or reservations of this Lease, 14.7 PARTIES BOUND: This Lease sets forth the entire agreement between the parties hereto with' respect to the leasing of the Land; it is binding upon and inures to the benefit of the parties hereto and, in accordance with the provisions hereof, their respective successors in interest. This Lease may be altered Attachment-Exhibit4di.Site Control Page 21 of 24 or amended oniy by written notice executed by the parties hereto or their legal representatives or, in . accordance with the provisions hereof, their successors in interest. 14.8. GOVERNING LAW: This Lease shall be interpreted in accordance with and governed by the laws of the State of Oregon, C;:ounty of Lane, The language in all parts of this Lease shall be, in all ,cases, construed according to its fair meani,ng and not strictly for or against Lessor or Lessee. 14.9 RECORDING:. The parties agree to recoid' a Memorandum of this Lease under applicable procedures and laws within the State of Oregon, Co~nty of Lane. . ARTICLE XV: HUD PROVISIONS 15,1 Notwithstanding any other provisions of the, Lease, if and ,so long as this leaseholq is subject to a Section 811 Mortgage held by the Secretary of Housing and Urban Development (HUD), or given to the Secretary of HUD in connection with a resale, or the demised premises are acquired and held by him becau,se of a default under said mortgage' (1) The Lessee'is authorized to 'Obtain a Section 811 Capital Advance from the Secretary of HUD, secured by a mortgage on'this leasehold estate, Lessee is further au1horized to execute a mortgage on thelessehold and otherwise to comply with the requirements of HUD for obtaining a mortgage. (2) The Secretary of HUD, or his successors in office, shall have the option in the event that he or his successor in office shall acquire title to the ieasehold estate, to purchase good and marketable fee title to the demised premises, free of all liens and encumbrances except such as may be waived or accepted by him or his successor in office; within twelve (12) months after so acquiring the leasehold estate, for the sum of $ payable in cash or by certified or U.S: Treasury check, provided all rents are paid to. date of transfer of title, upon first giving sixty (60) days written notice to the Lessor or ottier person or corporation who may then" be the owner of the fee, and the owner of the fee '. . shall thereupon execute and deliver to the Secretary, or his successor in office, ,a deed of conveyance to the demised premises, containing a covenant against the grantor's acts, but excepting therefrom such . .:; -.. . ' acts of the Lessee and tho'se claiming by through or under the holder of the leasehold estate. Nothing in this option shall require the Lessor to pay any taxes or assessments which were due and payable by the Lessee. . . (3) If approved by the Secretary of HUD, L~ssee may i3ssign, transfer or sell its interest in the demised premises. (4) (a) Insurance policies shall be in an amount, and by such com'panies, and in sUCh form, and against such risks and hazards, as shall be required by the mortgagee and/or the Secretary' of HUD: (b) The Lessor shall noi take out separate insurance concurrent in form or contributing in the event of loss with that specifically required to be furnished by the Lessee to HUD. ' The Lessor may at its own expense, however, take out separate insurance which is not concurrent in'form or not contributing in the event of loss with that specifically, required to be furnished by the Lessee to HUD. ,....t1achment-Exhibit4di Site Control Page f2 of 24 (5) (a) If all .or any part .of the demised premises shall be taken by candemnatian, that partian .of any award attributable ta the imp'ravements, .or damage ta the impravements, shall be paid ta the martgagee .or .otherwise dispased .of as may be pravided in the martgage. Any partian .of the award attributable salely ta the taking .of the land shall be paid ta the Lessar. After the date .of taking, the annual ground rent shall be reduced ratably by' the prapartian'which the award paid ta the Lessar bears ta the tatal value .of the land as established by the amaunt the Secretary afHausing' and Urban Develapment wauld be required ta pay upan acquisitianaf the fee. (b) In the event .of a negatiated sale af'all .or any partian .of the demised premises in lieu of candemnatian, the praceeds shall be distributed and ground rents reduced as provided in cases .of candemnatian, but the approval .of the Secretary .of, HUD shall. be required as ta the amaunt and divisian .of the payment ta be received, (6) The Lessar agrees that, within ten (10) days after receipt .of written request fram thl!' Lessee, it will jain in' any autharizatians required by any gavernmental .or ather bady claiming jurisdictian in cannectian with any wark which the Lessee may da hereunder, and will alsa jain' in any grants far easements far electric, telephane, gas, water, sewer and such ather public utilities and facilities as may be reasanably necessary in the aperatian .of the demised premise~ .or .of any impraven;ents that.may be erected therean, and if at the expirati.on .of such ten (10) day's period, the Lessar shall nat have jained in any such applicatian, .or grants far easements, the Lessee shall have the right ta execute such applicatian and grants in the name .of the Less.or, and, f.or that purpase, the Lessar hereby irrevacably app.oints the Lessee as its Attarney-in-fact ta execute such papers' an behalf .of the Less.or. (7) N.othing in this lease cantained shall require .the Lessee t.o pay any franchise, estate, inheritance, success ian, capital levy .or transfer tax, .or any ather tax, asse~sment, charge .or levy upan the ren1 payable by the Less.or under this lease. (8) Up.on any defau~ under this lease which auth.orizes the cancellatian there.of by the Lessar, Lessar shall give natice ta the Secretary .of HUD, and ihe Secretary .of HUD, his success.ors and assigns, shall have the righfany time within six (6) manths fram the date af.such natice ta carrect the default and reinstate the lease unless Lessar has first terminated the lease as pravided herein. At any time aftertwa (2) manths from the date a natice .of default is given ta the Secretary .of HUD, the Lessar may elect ta terminate the lease and acquire p.ossessian .of the demised premises. Upan acquiring passessian .of the demised premises, Lessar shall natify the Secretary. The Secretary shall have six (6) manths from the date .of such natice .of acquisiti.on te elect te take a new lease en the demised premises. .Such new lease shall have a term equal te 1he unexpired partian .of the term afthis lease and shall be an the same terms and cenditiens as cantained in this lease, except that the Secretary's liability far ground rent shall nat extend beyend his .occupancy under such lease. The Lessar shall tender such new lease ta the Secretary within thirty (30) days after a request far such lease and shall deliver passessien .of the demised immediately upan executien .of the new lease. Upen executing a new lease, the Secretary shall pay ta Lessar any unpaid greund rentals due .or that weuld have beceme due under this lease te the date .of executian .of the new lease, including any' taxes which were liens en demised premises and which were paid by Lessar, less any net rentals .or ether inceme 'which Lessar may have received an acceunt .of this property since the date .of default under the lease. AUachment-Exhibit4di Site Control Pag~ 23. of 24 (9) All notices, demands and requests which are required to be given by the Lessor or the Lessee to the Secretary shall be in writing and shall be sent by registered or certified mail, postage prepaid, and addressed to: HUD Portland Field Office 400 SW 6th Avenue, Room 700 Portland, OR 97204 Attn: unless a request for a change in this address has been sent to the party giving the notice by registered or certified mail prior to the time when such notice is given, (10) This lease shall not be modifi,ed without the consent of the Secretary of Housing and Urban Development. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. LESSEE: ShelterCare By: Title: Date: STATE OF OREGON ) ) ss, ) COUNTY OF This _ day of ,200_, this instrument was acknowledged before me by (name), (litle), as the duly authorized agent of Notary Public for Oregon My commission expires: LESSOR: Springfield Church of the Brethren By: Title: Date: DRAFT STATE OF OREGON COUNTY OF This ~ day of ) ) ss. ) .....ttachment-Exhibit4di Site Control Page 24 of 24 , 200_, this instrument was acknowledged before me by (Name) (title) as the duly authorized agent of Notary Public for Oregon My commission expires: Page 17 of 17 \ ,j ~1,:~,,^ENTO.o:- t$'f- ~ I 1"' At Oc- ,0 f'i'1 ,,!!-' U1 ,I _ z .'" *' J * G> " I ... ~ << </'\> l'. SA,N DE\j~\..O u.s. Department of Housing & Urban Development Oregon State Office 400 S.W. 6th Avenue, Suite 700 Portland" Oregon 97204 www.hud.gov/oregon Contact: Lee Jones .(877)741-3281, extension 5356 Leland.JonesliiJhud.IWY For Immediate Release: Tuesday, January 13,2009 Oregon News UpDate HUD AWARDS $11.7 MIi,uON FOR 88 AFFORDABLE HOUSING UNITS FOR ELDERLY OR PERSONS WITH DISABILITIES IN WILSONVILLE, ALOHA, GRANTS PASS & SPRINGFIELD PART OF NATIONAL ANNOUNCEMENT OF $650 MILLION IN SECTION 202 AND' SECTION 811 A WARDS TO TO HELP VERY LOW-INCOME ELDERLY & PEOPLE WITH DISABILITIES , , WASHINGTON - The U.S: Department of Housing imd Urban Development today announced the award of$II,714,300 in capital advance and rent subsidy funds for the construction of 88 units bf affordable housing for the very low-income elderly or persons with disabilities in Wilsonville, Aloha, Grants Pass and Springfield, Oregon. The awards were part of an announcement of more than $650 million in awards nationwide under HUD's Section 202 supportive housing for' the very low-income elderly ($525,9 million) and Section 811 supportive housing for very low_income persons with disabilities ($124.5million)c Under both programs, HUD funds provide non-profit developers interest-free capital advances to produce the housing units, rental assistance and supportive services for the income-eligible residents. . "These grants will help thousands of our nation's very low-income elderly and persons. with disabilities find decent housing that they can afford," said HUD Secretary Steve Preston, "Neither group should ever have to worry about being able to find a safe place to live." .' 'Section 202, Supportive Housing for.the Elderly Winner Northwest Housing Alternatives has won $5,535,700 in an interest-free capital advance funds and a three,year rent subsidy of$463,800 under HUD's Section 202 program which provides housing and supportive services for very low"income persons 62-years and older who can live independently, In addition to receiving capital advance funds to construct the housing, HUD's Section 202 program subsidizes the rents of senior citizens so they can limit their housing costs to only pay 30 percent of their incomes for rent Northwest Housing Alternatives Will use the ,HUD funds to build and operate 45 units of housing in Wilsonville. An additional 55 units will be funded through the Low Income Housing Tax Credit pro grain. Section 811, Supportive Housing for Persons with Disabilities Winners The other three Oregon winners- Sequoia Mental Health Services, Options for Southern Oregon, Inc. and Sheltercare - are receiving funds under BUD's Sectiori 811, supportive housing for 10'W-income persons with disabilities program. Like HUD's Section 202 program, the Section 811 program provides nonprofit developers with both an interest-free capital advance and rent subsidies and eligible resid~nts pay 30 percent of their income for rent and the federal government will pay the rest...' . However, Section 811 housing usually is smaller, newly constructed group homes. Households must have one or more very low-income adult with physical or developmental disability or living with chrQnic mental illness. The term "person with disabilities" may also include two or more people with disabilities living together, or one or more persons with disabilities living with one or more.live-in attendants. The program provides persons with disabilities the opportunity to live independently in their comnumities by increaSing the supply of rental housing with the availability of supportive services. . Sequoia Mental Health Services will receive a $1,862,800 Section 811 capital advance and a three-year, $147,000 rent subsidy to construct 14 one-bedroom units and a resident manager's unit as part of the organization's new service center in Aloha. . Options for Southern Or~gon will receive a $1,441,900 capital advance and a three-year $116, I 00 rent subsidy to construct 11 units for adults with chronic mental illness and a resident manager's apartment in Grants Pass, . Sheltercare will receive a $1,977,500 capital advance and. a three_year, $168,900 rent subsidy to build 16 units for adults with chronic mental illness in Springfield. The complex is intended to serve as the first phase of a pla,..med "urban village" in between Springfield's downtown and nearby residential areas. ###. HUD is the nation's housing agency committed to increasing homeownership, particularly among ~inorities; creating affordable housing opportunities for low-il}come Americans; and supporting the homeless, elderly, people with disabilities and people living with AIDS. The Department also promotes economic and community development, . and enforces the nation's fair housing laws. More information about HUD and its programs is available on the Internet at www.hud.l'DV and esvanol. hud.l!ov. c { -, "\ . .. .. SECTION 811 PROGRAM OF SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES (SECTION 811PROGRAM) OVERVIEW INFORMATION A. Federal Agency Name: Department of Housing and Urban Development, Office of Housing B. Funding Opportunity Title: Section 811 Supportive Housing for Persons with Disabilities C. Announcement Type: Initial announcement. D. Funding Opportunity Number: FR-5200-N-25 OMB Approval Number is 2502-0462. E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.181, Section 811 Supportiye Housing for Persons with Disabilities. F. Dates: Application deadline date is July 16,2008. Application must be received and validated by Grants.gov by II :59:59 p.m, eastern time on the deadline date. Refer to Section IV. below and the General Section, published March 19, 2008 (73 FR 14882) for information on application submission requirements. G. Optional, Additional Overview Content Information: 1. Purpose of the Program. 'This progra'!l provides funding for th7 d~velopment and op..erati;;;' 1OL'>'ipP..2rtU:.e..!li>~g'To'r~.12w-inc~me.persons with disabilities wh2 are at l~st II years 0],1 If you receive funding through this program, you must assure that supportive services are identified and available. 2. Available Funds. Approximately $99.3 million in capital advance funds plus associated project rental assistance contract (PRAC) funds and any carryover funds available. 3. Types of Funds. Capital advance funds will cover the cost of developing the housing. PRAC funds will cover the difference between the HUD-approved operating costs of the project and the tenants' contributions toward rent (30 percent of their adjusted monthly income). - ] -