PORT OF COLUMBIA COUNTY 100 E STREET, COLUMBIA CITY, OR APRIL 10, 2019 8:30 A.M.

I. CALL MEETING TO ORDER (President, Chris Iverson) A. Flag Salute B. Roll Call

II. CONSENT AGENDA (The Board has agreed to implement a Consent Agenda. Implementation of the Consent Agenda means that all items marked with an asterisk (*) are adopted by a single motion, unless a Member of the Board requests that such item be removed from the Consent Agenda and voted upon separately. Generally, Consent Agenda items are routine in nature and enable the Board to focus on other matters on the Agenda.) A.* Approval of Minutes; March 20, 2019 B.* Financial Reports/Commissioners Reimbursement

III. COMMENTS FROM VISITORS (Limited to 2 min. per person unless prior authority is obtained)

IV. UNFINISHED BUSINESS A. None

V. NEW BUSINESS A. Resolution 2019-17 MH A RESOLUTION ESTABLISHING MOORAGE FEES AT THE SCAPPOOSE BAY MARINE PARK, AND REPEALING RESOLUTION 201-27 B. Resolution 2019-18 MH A RESOLUTION ESTABLISHING NEW LAUNCH AND DAILY USE PARKING FEES AT THE SCAPPOOSE BAY MARINE PARK, REPEALING RESOLUTION 2017-61 C. Resolution 2019-19 MH A RESOLUTION ESTABLISHING HANGAR AND TIE-DOWN FEES AT THE SCAPPOOSE INDUSTRIAL AIRPARK, AND REPEALING RESOLUTION 2017-37 D. Resolution 2019-20 CA A RESOLUTION APPROVING THE SELECTION OF MIKE GEORGE PAVING CO. FOR WORK AT THE MULTNOMAH INDUSTRIAL PARK E. Resolution 2019-21 CA A RESOLUTION APPROVING AN AWARD FOR A PROJECT TO EXTEND WATER AND SEWER LINES AT THE SCAPPOOSE INDUSTRIAL AIRPARK F. Resolution 2019-22 CA A RESOLUTION AUTHORIZING SUPPLEMENTAL FUNDING FOR LOWER COLUMBIA ENGINEERING FOR ADDITIONAL PHASE III DESIGN AND ENGINEERING WORK FOR A NEW AIRPARK HANGAR BUILDING G. Resolution 2019-23 PM A RESOLUTION AUTHORIZING THE PORT TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH MARK D. SEMLING FOR A SMALL PARCEL LOCATED AT MCNULTY CREEK DRAFT VI. EXECUTIVE DIRECTOR’S REPORT

VII. COMMISSIONER REPORT

VIII. ADJOURNMENT

Pursuant to ORS 192.640 (1) the Port of Columbia County Board of Commissioners reserves the right to consider and discuss, in either Open Session or Executive Session, additional subjects which may arise after the agenda is published

Next Regularly Scheduled Meetings Upcoming Events Apr. 24th at 8:30 a.m. (Port Office) Work Session (TBD) May 7th 5:30 p.m. SBM Advisory Committee Mtg. May 8th at 8:30 a.m. (Port Office) Commission Mtg. May 20th at 5:00 p.m. SIA Advisory Committee Mtg.

Agenda times and order of items listed are estimated and are subject to change without notice. This facility is ADA accessible. If you need special accommodation, please contact the Port office at (503) 397-2888 or TTY (800) 735-1232, at least 48 hours before the meeting. PORT OF COLUMBIA COUNTY MARCH 20, 2019 COLUMBIA CITY, 97018

The Port of Columbia County held a Board meeting at 8:30 a.m. on Wednesday, March 20, 2019, at the Port Office, 100 E Street, Columbia City, Oregon, with the following present:

Commissioners Staff Chris Iverson President Doug Hayes Executive Director Larry Ericksen Vice President Paula Miranda Executive Deputy Director Mike Avent 2nd Vice President Bob Gadotti Finance Manager Robert Keyser Secretary Sean P. Clark PWW Terminal Manager Patrick Trapp Treasurer Sydell Cotton Exec. Asst./Office Coordinator Gina Sisco PR & Comm. Outreach Rep. Scott Jensen Planning Miriam House Asst. Prop. Ops. Manager

Guests Legal Counsel Brian Little N.W.I.W. Robert Salisbury Brian Fawcett Clatskanie PUD Della Graham Citizen Press Lou Soumas Next Renewable Fuels Oregon Christine Menges Chronicle Nancy Ward St. Helens Citizen Anna Delazio Spotlight Carrol Sweet Scappoose Citizen Will Ison Astoria Citizen Ralph Culpepper Scappoose Citizen

The meeting was called to order at 8:30 a.m. by President Chris Iverson.

Consent Agenda Larry Ericksen moved, Pat Trapp seconded a motion to adopt the consent agenda, February 13, 2019 minutes and Financial Reports as submitted. Chris Iverson and Robert Keyser abstained from voting on Item B due to potential conflict of interest. Motion carried.

Comments from Visitors Carroll Sweet, Scappoose Oregon, expressed concern with language regarding the Site Development and Option agreement with Next Renewable Energy Group.

New Business RESOLUTION 2019-14 A RESOLUTION AUTHORIZING THE PORT TO ENTER INTO A SITE DEVELOPMENT AND OPTION AGREEMENT WITH NEXT RENEWABLE ENERGY GROUP, INC. Robert Keyser moved, Larry EricksenDRAFT seconded a motion to adopt Resolution 2019-14, authorizing the Executive Director to execute the Site Development and Amended Option Agreement as presented. Motion carried unanimously.

RESOLUTION 2019-15 A RESOLUTION AUTHORIZING THE PORT TO ENTER INTO A CONTRACT WITH CASCADIA ASSOCIATES LLC TO PREPARE THE SCOPE AND ESTIMATED COSTS FOR PREPARING A FEASIBILITY STUDY (FS) WORK PLAN PER DEQ’S REQUIREMENTS Larry Ericksen moved, Robert Keyser seconded a motion to adopt Resolution 2019-15, authorizing the Executive Director to move forward and execute the agreement with Cascadia for the completion of the scope of work. Motion carried unanimously.

RESOLUTION 2019-16 A RESOLUTION ESTABLISHING MOORAGE FEES FOR FLOATING HOMES AT THE SCAPPOOSE BAY MARINE PARK Pat Trapp moved, Robert Keyser seconded a motion to adopt Resolution 2019-16, authorizing to adjust the moorage fees by a CPI of 3.05% for floating homes at the Scappoose Bay Marine Park. Motion carried unanimously. Exhibits to minutes are attached only to the original which can be examined at the Port Office, 100 E Street, Columbia City, OR 97018 1 | Page

MCNULTY CREEK NEW BUILDING UPDATE Paula reported staff has been entertaining the possibility of building a new spec build at McNulty Creek Industrial Park. She said the state has granted the Port some money to use towards addressing some the wetland issues at the location. She stated at this point there are no prospects but would like to see this project in the next budget cycle. Paula also discussed the details of a loan through Business Oregon.

CAPITAL BUDGET DISCUSSION Brian Little, Columbia City Oregon, member of the Port’s Budget Committee commented on the proposed budget.

Bob Gadotti the Port’s Finance Manager reviewed the capital budget numbers with the Commission. They had a discussion with regards to a new shop building, continued dredging at the Scappoose Bay Marine Park, Trestle Beach and Port Westward fire system upgrade.

Executive Director’s Report A written report was provided and read by Doug Hayes.

Commissioner Reports Pat Trapp reported he attended the Dyno Nobel Community Awareness Panel, the H.S.E.M.C. meeting and was asked to fill an at large Board position, the ColPac meeting and is currently a Board member, and N.W.A.C.T. meeting. He also attended the Keep Local Columbia County Job Fair, he’s planning on attending a tour being given by the Emergency Management team and a breakfast fundraiser on April 20th given by the City of Columbia City.

Robert Keyser stated he appreciates public comment during Commission meetings he said everyone’s opinion is important and says they learn from those comments. He reported he had the opportunity of attending the Columbia County Historical Society meeting. He discussed with Doug his interest of preserving the history of Port Westward and would like to start recording oral history with the local community.

Larry Ericksen reported he attended the rail transportation meeting and is currently a Committee member. He said they are starting to see commitments from business users of the rail and stake holders. He also met with the Next Renewable group he said it was very encouraging to hear their outlook on this industry which gives him hope of seeing their project come to fruition. Larry stated the Scappoose Economic Development Committee will be meeting on Thursday where they will be taking a tour of Oregon Aero. Lastly, he reported they have obtained Chapman Landing from the County.

Mike Avent agrees with Robert with regards to public input and thanked staff for all their efforts.

Chris Iverson encourages public input as well. He reported he attended the PNWA Mission to Washington DC he feels it’s important to meet with delegates and discuss Port issues and projects.

THERE BEING NO FURTHER BUSINESSDRAFT BEFORE THE COMMISSION THE MEETING ADJOURNED AT 10:25 A.M.

April 10, 2019 President Date Commission Approved

Secretary

Exhibits to minutes are attached only to the original which can be examined at the Port Office, 100 E Street, Columbia City, OR 97018 2 | Page Finance Update STAFF REPORT

DATE: April 10, 2019

TO: Commission Board

FROM: Bob Gadotti Executive Finance Manager

RE: Finance Update as of March 31, 2019

Discussion

This agenda item is an update of the Port’s current financial status as of March 31, 2019.

Cash and Investments: $5,524,392.

YTD Revenues Collected: $7,466,246, which is 114.80% of the YTD budget of $6,503,817

YTD Expenses: $7,689,672, which is 87.40% of the YTD budget of $8,798,318.

March 2019 checks issued totaled $406,533.69.

March Highlights DRAFT

YTD Revenues are $7,466,246 which is $962,429 over the YTD budget amount of $6,503,817. Actual revenues continue to trend above budget projections.

YTD Expenses are $7,689,672 which is $1,108,646 under the YTD budget amount of $8,798,318. Actual expenses are lower than budget projections.

Developing 2019-2020 budget.

Page 1 of 1

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT PORT OF COLUMBIA COUNTY Summary of All Units For the Nine Months Ending Sunday, March 31, 2019

All Funds All Funds All Funds Actual Budget Variance YTD YTD Favorable (Unfavorable) Resources

Property Taxes 376,268 284,836 91,433 Licenses and Permits 336,757 337,377 (620) Rents and Reimbursements 2,808,853 2,545,128 263,726 Terminal Services 300,412 265,629 34,783 Bayport RVPark 82,135 67,649 14,485 Launch Fees 46,673 55,779 (9,107) Other Marina Fees 17,436 525 16,911 Grants 3,386,430 2,851,500 534,930 Loan Proceeds 0 0 0 Interest Earnings 80,207 52,544 27,663 InterGovernmental Income 0 0 0 Contributions 0 0 0 Miscellaneous Income 31,075 42,850 (11,776) Total Resources 7,466,246 6,503,817 962,429

Requirements

Personnel Services 1,169,199 1,286,306 117,107 Marketing-Public Relations 33,409 140,000 106,591 Materials and Services 1,011,799 1,465,480 453,686 Capital Outlay 5,131,001 5,556,750 425,750 Debt Service 344,264 349,782 5,518 Contingency 0 0 0 Total Requirements 7,689,672 8,798,318 1,108,646 (223,426) (2,294,501) DRAFT

STAFF REPORT Marina Rate Recommendations

DATE: April 10, 2019

TO: Commission Board

FROM: Miriam House Property/Ops Asst. Mgr.

RE: Marina Rate Adjustments – July 1, 2019 Resolution 2019-17

Discussion

Historically, the fees for Marina non-commercial tenants have been adjusted by resolution every other year. The last increase to Marina fees was approved by the Board effective July 1, 2017. In this cycle, staff calculated the two-year consumer price index (CPI) effect as amounting to a 3.05% increase. Attached is a spreadsheet showing the historical, as well as proposed, fees.

Staff is recommending an increase equal to the two-year CPI for all Marina fees. A survey of other rates (see attached) indicates that the Scappoose Marine Park rates are on the lower end of pricing. A market adjustment above CPI rates may need to be considered sometime in theDRAFT near future.

The Marina Advisory Committee meets every other month. Since their next meeting is May 7th, the committee has not yet been able to discuss these rate increases as a group. Four of six members did respond via email in favor of increasing moorage rates, however, they also expressed a desire to postpone Commission decisions on moorage rates, res 2019-17, and launch fees, res 2019-18, until after their next meeting or an earlier meeting can be scheduled.

Recommendation Staff recommends the adoption of Resolution 2019-17 to adjust the moorage fees by 3.05%.

Page 1 of 1

RESOLUTION NO. 2019-17

A RESOLUTION ESTABLISHING MOORAGE FEES AT THE SCAPPOOSE BAY MARINE PARK, AND REPEALING RESOLUTION 2017-27.

WHEREAS, Ordinance No. 2007-01 authorizes the Board of Commissioners of the Port of Columbia County to establish and charge fees at the Scappoose Bay Marine Park, and the Commissioners adopted the current moorage fee schedule through Resolution 2017-27; and

WHEREAS, historically, the Port has adjusted the fee schedule according to the Consumer Price Index (CPI) every other year, which in this cycle would amount to a 3.05% increase of the fees; now, therefore

BE IT RESOLVED that the following are hereby established as moorage fees at the Scappoose Bay Marine Park, to take effect on July 1, 2019:

TYPE OF FEE MONTHLY AMOUNT

Open Moorage without Utilities $3.81/feet x boat length Open Moorage with Utilities $4.97/feet x boat length 25’ Uncovered without Utilities $95.00 30’ Uncovered with Utilities $150.00 30’ Covered with Utilities $188.00 Boathouse Moorage (by area): 0 – 800 square feet $125.00 801 – 1,000 square feet $150.00 over 1,000 square feet $0.16 per square foot Floating Home (by area): $0.28 per square foot, but not less than $469.00 per month Additional Floats (by area): $0.07 per square foot Boat Trailer Parking (tenant only) $26.00

BE IT FURTHER RESOLVED that Resolution No. 2017-27 is hereby repealed.

DRAFTth PASSED AND ADOPTED this 10 day of April, 2019 by the following vote:

Ayes: Nays: PORT OF COLUMBIA COUNTY

By: President ATTESTED BY:

Secretary

Page 1 - RESOLUTION NO. 2019-17 RESOLUTION NO. 2019-18

A RESOLUTION ESTABLISHING NEW LAUNCH AND DAILY USE PARKING FEES AT THE SCAPPOOSE BAY MARINE PARK, REPEALING RESOLUTION 2017-61.

WHEREAS, Ordinance No. 2007-01 authorizes the Board of Commissioners of the Port of Columbia County to establish and charge fees at the Scappoose Bay Marine Park; and

WHEREAS, historically, the Port has evaluated the fee schedule every other year taking Consumer Price Index (CPI) and other market factors into account;

WHEREAS, the Board of Commissioners finds that in this cycle a CPI-based adjustment would amount to a 3.05% increase of the fees;

WHEREAS, the Staff recommends the continuation of a fee discount to annual launch and parking for qualified military personnel and seniors; now, therefore,

BE IT RESOLVED that the following fees are hereby established for the launch and parking fees at Scappoose Bay Marine Park:

TYPE OF FEE AMOUNT OF FEE

Daily Launch Fee $5.00 Annual Launch Permit $89.00 Annual Launch Permit for Persons Over 62 Years of Age or Qualified Military $53.00 Single Day Use Fee $3.00 Annual Day Use Permit $36.00 Annual Day Use Permit for Persons Over 62 Years of Age or Qualified Military $24.00 Transient Moorage Fee $18.00 Fine for no Permit Displayed $25.00

BE IT FURTHER RESOLVED that the Executive Director, or his designee, provide permits to those who pay the appropriate fees. Permits must be displayed when launching watercraft or parking at the Scappoose Bay Marine Park. Fines will be assessed for any vehicle without the appropriate permit. Moorage, boathouse and floating home tenants of the Scappoose Bay Marine Park shall be entitled to receive one annual day use permit as part of their tenancy, and their permits will indicate that they are tenants. Floating home tenants shall be entitled to receive one additional annual day use permit. Maximum number of annual day use permits is limited to six per person in one calendar year.

BE IT FURTHER RESOLVED that the fees established herein take effect on the 1st day of January, 2020. DRAFT BE IT FURTHER RESOLVED that Resolution 2017-61 is hereby repealed.

PASSED AND ADOPTED this 10th day of April by the following vote:

Ayes: Nays:

ATTESTED BY: PORT OF COLUMBIA COUNTY

By: Secretary President

Page 1 - RESOLUTION NO. 2019-18 MARINA COMPARISON SURVEY FOR July 1, 2019 Port of Col. Port of Coos McCuddy's Port of Co. Bay Rocky Columbia Island Larson's Lighthouse Big Oak Marina Way Port of Camas Scappoose Charleston Port of Port of Pointe Scappoose St. Helens Marina Crossings Fred's Marina Marina Moorage Moorage Marina Moorage Astoria Washougal Bay Marina Marina Kalama Newport Marina Moorage Marina 22' - $135 20' - $146 24' - $124 23' to 25' - $150 25' - $178.75 30'-- $155 25' and up is 25' - $200 30' - $224.75 35' - $180 $150 - $275 Covered 32' - $273 $6/ft/mo 24' - $175 30' - $275 35' - $261.75 30' - $183 40' - $206 30' - $175 depending on $7.00/ft Boats 40' - $412 ex: 30'-$180 none 32' - $235 none 40' - $340 none none 40' - $296.25 elec included none 50' - $256 none 43' - $270 length ex: 30' - $210 22' - $135 20' - $100 23' to 25' - $150 30' $145 - $160 $6.25/ft/mo 25' - $122.75 20' - $74 $12.00/ft/mo 36' - $150 $6.00/ft 28' - $190 to 26' and up is 50' - $195 40' - $210 example: 30' - $147.50 25' - $92, or 24' - $106 example: 40' - $160 example: Uncovered 30' - ? $6/ft/mo Only has + electric and 50' - $315 25' - $156 35' - $170 $3.70/ft/mo 30' - $133 25' - $300 41' - $170 40', 50' & 60' - 25' - $150 Boats 45' - $373 ex: 30'-$180 none 20' - $125 water 60' - $350 30' - $188 none 40' - 203.50 ex: 30' - $111 none 35' - $156 30' - $360 43' - $175 $200 - $255 30' - $180 Same rates as above, but add $12 base + Same rates as 20' - $17/mo Covered usage, above, but 25' - $19/mo Boats example add $12/mo for Tenants pay 30'-40' metered Same rates, electric electric Electric 28' - $202 electric for electric. Same rates, +$20/qtr electric 30' - $175 included most included most Water 32' - $285 ex: 30' - $192 none Free water none electric included none none Ex: 25' -197.75 30' - $183 none included none 43' - $270 slips slips 20' - $17/mo Same rates as $11/ft/mo + 25' - $19/mo Uncovered above, but add $25/mo for $65 elect/mo 30'-40' metered $12.00/ft/mo 36' - $150 Boats Add'l $12 base add $12/mo for 40' - $390 Tenants pay 50' - $195 electric example: +$20/qtr (7/mo) $0.255/ft/mo Same rates, example: 40' - $160 electric electric Electric + usage electric 25' side tie for electric. + electric and Same rates, ex: 25' - $181 25' - $340 Ex: 25' - $148.75 30' - $145, or 25' - $191.25 electric 25' - $300 41' - $170 included most included most Water ex: 32' - $285 ex: 30' - $192 $185 Free water water electric included 30' - $213 30' - $395 30' - $155 $4.82/ft/mo 30' - $229.50 included 30' - $360 43' - $175 slips slips Trailer Tenant only $20.94/mo Boat Small trailer - Boat & Trailer Trailer $50 Large $5/night w/boat $25/mo $2.09/ft $20/mo $10/ mo. Parking $25/night $40 none none $25.00 mo Trailer - $100 $30 a month $60 per month none (tenants only) ($62.70 min) none $2.65/night $40/mo w/boat $96/ year none $5 Launch none Launch $20 if parking Fee Daily none overnight No ramp none none $6.00 $10 $7 $5 $5 none $6 tenant free none $5 none $86 Launch $50 non-tenant Senior or military $70 Fee Annual none none No ramp none none none none $35 Senior $51 $65 none $50 Senior tenant free none none

none Free with Parking Included in launch Pass Daily rental none none none none $2 for add'l car $10 none $3 none none none none $5 Parking none $150 non- $35 Pass Included in tenant Senior or military Annual rental none none none none none $100 tenant none $23 none none $23 none none

Caters to larger boats. Electric included Two marinas in all have free Covered or DRAFT recreational parking with uncovered same boat slips. security gate, rate Same rate for $120/mo Free tenant the third is Tenants pay a one- covered or All slips are surcharge for parking with monitored by time facility fee of uncovered uncovered with Still using 2017 extra electrical one month Notes license plates. $20 Larger boats electric included rates plug minimum stay.

Slip uncovered 30' covered 30' Analysis uncovered ~2w/elec w/elec 1. Port of Columbia County has the lowest slips in 3 out of 4 catagories Highest $156 $230 $275 2. Port of Columbia County is among the lowest 3 marinas in the fourth category

$155 (POCC in the bottom 3 Lowest $92 POCC $145 POCC marinas $183) 3. This puts POCC in competition with other marinas, we are well below market Average Avg is $129 Avg is $174 Avg is $202 4. Calculations do not include Newport's overly high rates or Astoria's uncovered 30' w/elec RATES FOR - MARINA - LAUNCH 2019-2021 PROPOSED 2019-2021 RATES AT CPI OF 3.05% 2013-15 rates 2015-17 rates 2017-19 rates 3.05% $$ Change ~ %Change from Prior Rates 5.30% 5.14% 3.70% Moorage Fees Open - no Utilities $ 3.40 3.57 $ 3.70 $ 3.81 $ 0.11 Open - with Utilities $ 4.42 4.65 $ 4.82 $ 4.97 $ 0.15 25' Uncovered no Utilities $ 85.00 89 $ 92.29 $ 95.10 $ 2.81 30' Uncovered with Utilities $ 133.00 140 $ 145.18 $ 149.61 $ 4.43 30' Covered with Utilities $ 167.00 176 $ 182.51 $ 188.08 $ 5.57 Boathouse 0 - 800 sq ft $ 111.00 117 $ 121.00 $ 124.69 $ 3.69 801-1000 $ 134.00 141 $ 146.00 $ 150.45 $ 4.45 over 1000 $ 0.1395 0.1467 $ 0.1521 $ 0.16 $ 0.01 Floating Homes rate/sq ft $ 0.2448 0.2574 $ 0.2669 $ 0.2800 $ 0.0131 Plus rate for floats $ 0.0632 0.0664 $ 0.0689 $ 0.0700 $ 0.0011 Floating Home 1 Murray $ 419.00 439 $ 455.00 $ 468.88 $ 13.88 Floating Home 2 Marquette $ 454.00 477 $ 495.00 $ 510.10 $ 15.10 Floating Home 3 Hill $ 542.00 570 $ 591.00 $ 609.03 $ 18.03 Boat Trailer Parking $ 25.00 $ 26.00 $ 1.00 New Tenant set-up Fee $ 30.00 Relocation Fee $ 50.00 Gazebo Per Day $ 40.00 Gazebo Rental Deposit - Refundable $ 25.00

Launch Fees $ 5.00 $ 5.00 $0.00 Annual Launch Permit $ 86.00 $ 89.00 $3.00 Annual Launch Permit - over 62 Yrs of Age $ 51.00 $ 53.00 $2.00 Single Day Use Fee $ 3.00 $ 3.00 $0.00 Annual Day Use Permit $ 35.00 $ 36.00 $1.00 Annual Day Use Permit - Over 62 yrs of age $ 23.00 $ 24.00 $1.00 Transient Moorage Fee $ 17.00 $ 18.00 $1.00 Fine or No Permit Displayed DRAFT$ 25.00 $ 25.00 $0.00 AIRPORT East side Open Hanger $ 100.00 $ 103 $ 3.00 East Side Ten Unit $ 151.00 $ 156 $ 5.00 East Side Five Unit $ 172.00 $ 177 $ 5.00 West Side Interior Hangars $ 211.00 $ 217 $ 6.00 West Side End Hangars $ 236.00 $ 243 $ 7.00 Tie Down Spaces $ 38.00 $ 39 $ 1.00

STAFF REPORT Hangar Rate Recommendations

DATE: April 10, 2019

TO: Board of Port Commissioners

FROM: Miriam House Property/Ops Asst. Mgr.

RE: Hangar Rate Adjustments - July 1, 2019 Resolution 2019-19

Discussion

Historically, the fees for Marina and Airpark non-commercial tenants have been adjusted by resolution every other year. The last increase to hangar fees was approved by the Board effective July 1, 2017. In this cycle, staff calculated the two-year consumer price index (CPI) effect as amounting to a 3.05% increase. Attached is a spreadsheet showing the historical, as well as proposed fees.

Staff is recommending an increase equal to the two-year CPI for all hangar fees. A survey of other rates (see attached) indicates that the Scappoose Airpark rates are on the lower end of pricing. DRAFT The Airport Advisory Committee reviewed the proposed rates and the rate comparison survey The Committee consented to the proposed increase of 3.05% with no objections.

Recommendation Staff recommends the adoption of Resolution 2019-19 to adjust the fees by 3.05%.

Page 1 of 1

RESOLUTION NO. 2019-19

A RESOLUTION ESTABLISHING HANGAR AND TIE- DOWN FEES AT THE SCAPPOOSE INDUSTRIAL AIRPARK, AND REPEALING RESOLUTION 2017-37.

WHEREAS, the Board of Commissioners for the Port of Columbia County adopted a hangar and tie-down fee schedule through Resolution 2017-37; and

WHEREAS, historically, the Port has adjusted the fee schedule according to the Consumer Price Index (CPI) every other year; and

WHEREAS, the Board of Commissioners finds that, in this cycle, the CPI adjustment would amount to a 3.05% increase of the fees for hangars; and

BE IT RESOLVED that the following are hereby established as hangar and tie- down fees at the Scappoose Industrial Airpark:

TYPE OF FEE MONTHLY AMOUNT

East Side Open Hangar $103.00 East Side Ten Unit $156.00 East Side Five Unit $177.00 West Side Interior Hangars $217.00 West Side End Hangars $243.00 Tie Downs Spaces $ 39.00

BE IT FURTHER RESOLVED that Resolution No. 2017-37 is hereby repealed.

BE IT FURTHER RESOLVED that the fees established herein take effect on the 1st day of July 2019; and

PASSED AND ADOPTED this 10th day of April, 2019 by the following vote: DRAFT Ayes: Nays:

ATTESTED BY: PORT OF COLUMBIA COUNTY

______By: Secretary President

Page 1 - RESOLUTION NO. 2019-19 AIRPORT COMPARISON SURVEY FOR JULY 1, 2019

City of Kelso City of McMinnville City of Vancouver Oregon Deptartment Oregon Deptartment Port of Astoria Port of Columbia County Port of Hood River Port of Olympia Port of Portland Port of Portland Privately Owned SW Washington McMinnville Airport of Aviation of Aviation Warrenton-Astoria Port of Camas- Scappoose Airpark Olympia Regional Toutdale Airport Twin Oaks Aripark Port of Airfield Regional Airport McMinnville, OR Vancouver, WA Regional Airport Washougal Grove Field Scappoose, OR Hood River, OR Airport Olympia, WA Hillsboro, OR Troutdale, OR Hillsboro, OR Tillamook Open box-5 Closed box-15 # of hangars T-Hangars-80 64 (14 box hangars, 50 10 Port Owned 50 T-Hangars 150 T-Hangars 77- T-Hangars End units-20 36 T-Hangars T hangars) 71 Private Hangars 120 T-Hangars 40 T-Hangers Open box $100 Port owned Port owned Closed box $151-$172 Port owned 10 Units .25/sf Hangar Rates City owned City owned State owned $199-$364 Gravel, no power $286-$413 T-hangars $262 example: City owned T's $165 - $275 $297-$330 T's Private current tenants $290 Port owned + $13 electrical T's $211-$236 Port owned 14 box at $695 Private 2 Larger on End 896 sf - $179 $248-$315 Open Box $120 $442-491 End $449 new tenants $325-$350 $110 - $255 ex: $212-$377 Concrete with power $255-$301 Open box $222 $375-$525 $390 $280-$300 1088sf - $217 Concrete & Asphalt Gravel 20 Type of Floor Concrete Some Dirt Flooring Concrete 100 Concrete Concrete & Asphalt Concrete Concrete Concrete City of Kelso $55 small per month Tie-Down Tie-Downs 12 Units $42.75 in-district $35 north side $90large per month Port owned $30 single engine Rate $39 $25 $49 $60 FBO Fees $10 $45 $52.75 out-district $38 $50 south side/FBO $218.20 covered $35-$60 $35 twin engine $35 none Full tank of fuel= free Pay a year ahead get Discounts NIA NIA NIA night at the field NIA NIA 5% off N/A Next Rate 2018 (will be Increase 2019 2019 2019 2019 TBD 2019 (Every January) 2019 annually) TBD

Last Rate January 1, 2010 Increase 10 years ago (pay on airport bills) 2017 CPI 2017 2018- 6% increase 2018 July 2017 CPI 2017 CPI 2017 100% currently Average (usually at 97% on Occupancy 100% 100% 100% + Waitlist I00% + waitlist average) 100% 98% 90% Min Lease Term Month to Month 2 Month Lease Month to Month Annual Lease only Month to Month Month to Month Month to Month Month to Month Port Owned - No Electricity Yes-Included Private-Yes Yes- Included Yes - $13 per month 20 without electric Yes- Included Yes- Included included Yes-Included Yes-Included

Security Fenced; City Police Gated/ Fenced with Code/ Gated/Fenced with Gated/Fenced with Gated/ Fenced with Gated/Fenced with Gated/Fenced Patrol Restroom Code Gated/ Fenced with Code Code Key Code Code with Code Aviation Fuel Available Yes Yes Yes Yes Yes- FBO fuels no self Yes Yes Yes Flight School Yes Yes Yes Yes Yes-2 Yes Yes none Yes- 8am-6pm every day- Yes- Full Mx Shop All summer FBO Manned Yes- 8-6pm No - available to lease Yes shorter winter hrs Yes- Flight Schools Yes Available Weekday winter Privately Prime Development FBO Hangars =.90/sf No State owned Condo Association Private Pacific Labor Owned 20 Hangars heated, w/electric hangars at Aurora. $325 T-hangar $375 Fliteline $375 Supply Hangar Rates $315 + tenant pays Ex: 896 sf = $800 Some hangars are end unit Storage Mgmt 40x30 $319/mo PUD electrical fees privately owned by Tri- $350-$550 60x36 $405/mo Prop and Willamette $525 for 54x44 North Western Aviation, there are Aero other asociations $285 single renting hangars. $393 twin DRAFT City of Kelso City of McMinnville City of Vancouver Oregon Deptartment Oregon Deptartment Port of Astoria Port of Columbia County Port of Hood River Port of Olympia Port of Portland Port of Portland Privately Owned SW Washington McMinnville Airport Pearson Field of Aviation of Aviation Warrenton-Astoria Port of Camas- Scappoose Airpark Ken Jernstedt Airfield Olympia Regional Hillsboro Airport Toutdale Airport Twin Oaks Aripark Port of Airfield Regional Airport McMinnville, OR Vancouver, WA Aurora State Airport Mulino State Airport Regional Airport Washougal Grove Field Scappoose, OR Hood River, OR Airport Olympia, WA Hillsboro, OR Troutdale, OR Hillsboro, OR Tillamook Notes Condominium 1056sf-1638sf Also, tenants are Propose CPI increase of Hangars are Hangars are Assoc, Lisa End hangers are charged a lease set up 3.05% July, 2019 privately owned. wood framed, Friberg: $491 fee of $50, relocation Storage metal doors, lisa@allaboutsmile Hangars that are fee of $50, out of Management, concrete floors, s, 503-843-5154 $297 are older district fee of 7.50. based on wing electric, no heat. Privately owned and difficult to get Guest Tie-down span, no tie Port of Portland hangars: States plane in and out $5/night. Waitlist fee downs. has a single row that recreational of hangar. $25. Fliteline, $0.37.sf of T-hangars. tenants have Pearson for a 1,000 sqf purchased their increased rates hangar. As the own hangars, pay rapidly a few hangars go up in the Association years ago, now size so does the monthly fees waiting for market rent. Tower T's which include to catch up. are $400/mo. No insurance, tie downs. maintenance and Hillsboro the land lease to Aviation-no the City of public hangars. McMinnville. Global Aviation $150-$500/Day, McMinnville has Aero Air $800- not increased rent $950/Month both Analysis

1. Removing highest and lowest price, average T-hangar range is $244 to $299. 1. Removing the highest and lowest price, average tie-down range is $39 to $44

2. POCC T-hangar range is $211-$236 2. POCC tie-downs are $38. 3. With CPI increase, POCC remains below average market at $217-$243 3. With CPI increase, POCC remains below average market at $39 4. Calculations do not include privately owned hangars DRAFT

MIP Paving Project STAFF REPORT

DATE: April 10, 2019

TO: Port Commission

FROM: Craig Allison Property & Operations Manager

RE: Multnomah Paving Project

Discussion Since last fall, we’ve noticed that the pavement at the entrance to the Multnomah Industrial Park has been deteriorating badly and needs to be repaved. In addition, repeated malfunctions of the gate have indicated that we need to re-install the sensor lines around the entrance gate, requiring trenching in that area. As in the past, we developed specifics for the project and contacted five contractors for the work, receiving four quotes. Of those, we recommend Mike George Paving of Rainier for the work, based on their reputation, experience, and lower price of $17,500 (see attached). That price appears reasonable for the amount of work involved, and using other paving projects we’ve done in recent years as a gauge.

Recommendation Adopt Resolution 2019-20, DRAFTauthorizing a contract with Mike George Paving.

Page 1 of 1

RESOLUTION NO. 2019-20

A RESOLUTION APPROVING THE SELECTION OF MIKE GEORGE PAVING CO. FOR WORK AT THE MULTNOMAH INDUSTRIAL PARK.

WHEREAS, Port Staff has observed over the past several months that the pavement at the entrance to the Multnomah Industrial Park has been rapidly deteriorating and needs to be addressed, and that trenching needs to happen to repair the entrance gate; and

WHEREAS, Staff developed the specifics of the paving requirements and approached five firms for quotes, receiving four proposals; and

WHEREAS, as a result of that process, Mike George Paving Co. was identified as an experienced, qualified bidder with the lowest cost, at $17,500, and that firm is recommended for the project; now, therefore,

BE IT RESOLVED by the Board of Commissioners of the Port of Columbia County as follows:

The Board authorizes the Executive Director, or his designee, to execute a contract for the stated paving work with Mike George Paving Co. at a bid price of $17,500, with provisions for additional charges for unforeseen work as identified and agreed upon.

PASSED AND ADOPTED this 10th day of April 2019, by the following vote:

AYES: _____ NAYS: _____ Port of St. Helens

By: ______DRAFT President Attested By:

______Secretary

Page 1 - RESOLUTION NO. 2019-20 DRAFT DRAFT

SIA Water-Sewer Extension STAFF REPORT

DATE: April 10, 2019

TO: Port Commission

FROM: Craig Allison Property & Operations Manager

RE: Scappoose Industrial Airpark West Side Water-Sewer Extension Project Construction Award

Discussion This project’s main objective has been to extend sewer service along the developed length of the west side of the Airpark, replacing existing septic systems and adding capacity for future tenants; and to close the water loop, making it more robust. Over time, the sewer line was enlarged to provide more capacity for future growth, and a related upgrade of the City’s downstream connector was specified by the City.

With the WHPacific’s design and engineering complete, we took this project to formal bidding in late February. We agreed with the City to split the cost of the upgrade’s design and to include the bid alternate in the RFP. The “new” work for water and sewer lines was pursued as the “base bid”, while the “upgrade” or “downstream” work formed the basis for the “bid alternate”. To pay for the project, we have applied for a loan from Business Oregon for 80% of the base project, with the remaining 20% to come from the General Fund. DRAFT

Four proposals were received by the RFP deadline of 3/26/19, and Port Staff and WHPacific evaluated them for quality, experience, references, timeliness, and price (see attached). We concluded that Tapani, Inc. of Battle Ground, WA offered the best combination of factors for the project, including a base bid price of $522,630 and a bid alternate of $156,263, and we recommend them for selection by the Commission.

The City has proposed that we proceed with the bid alternate and to evenly split the final cost as constructed, with a 50% reimbursement to us by them. To cover the legalities of construction, connection, maintenance, and transfer of the lines, as well as the cost sharing for the downstream work, a draft IGA is under review with the City.

Page 1 of 2

Proceeding with the project is contingent on final, formal approval of the IGA by the City Council. Tapani is prepared to start immediately with a mid-June completion.

Recommendation Adopt Resolution 2019-21, authorizing an award and agreement for water and sewer line extension construction at the Scappoose Industrial Airpark.

DRAFT

Page 2 of 2

RESOLUTION NO. 2019-21

A RESOLUTION APPROVING AN AWARD FOR A PROJECT TO EXTEND WATER AND SEWER LINES AT THE SCAPPOOSE INDUSTRIAL AIRPARK.

WHEREAS, the Port has made substantial improvements to the facilities at its Scappoose Industrial Airpark over the past several years, and anticipates vigorous growth in aircraft usage and commercial business; and

WHEREAS, to support that growth, improve current facilities, and enable future commercial investment, the Port has designed a project to extend water and sewer service along the west side of the airport and adjacent off-airport land; and

WHEREAS, with completed plans and specifications provided by its engineering firm of record, WHPacific, the Port solicited formal proposals for the base project, and for a bid alternate to upgrade the adjacent sewer line downstream from the base project; ultimately receiving four bids from general contractors; and

WHEREAS, after Port Staff review, considering price, quality and experience, the firm of Tapani Inc. is recommended for an award at their bid price of $522,630 and bid alternate of $156,263 (see attached); and

WHEREAS, Port Staff has reached informal agreement with the City of Scappoose, to be captured in a forthcoming Intergovernmental Agreement (IGA), for reimbursement of 50% of the final cost at completion of the bid alternate, or an estimated $78,132; now, therefore

BE IT RESOLVED by the Board of Commissioners of the Port of Columbia County as follows:

The Board authorizes the Executive Director to enter into an agreement with Tapani, Inc. for the Scappoose Industrial Airpark West Side Water and Sewer Extension Project, at a total bid priceDRAFT of $678,893, with contractual provisions for additional costs or credits as defined by a change order and approved by the Executive Director or his designated representative. Proceeding with the project is contingent on approval of a loan from Business Oregon.

BE IT FURTHER RESOLVED by the Board as follows:

The Board authorizes the Executive Director to enter into an IGA with the City of Scappoose to establish the terms under which the Port will construct, connect and transfer ownership of the facilities to the City. The IGA will also provide for reimbursement by the City to the Port for 50% of the final costs for the above-described bid alternate to upgrade the City’s adjacent sewer line; proceeding with the bid alternate is contingent on formal approval of the IGA by the City.

Page 1 - RESOLUTION NO. 2019-21

PASSED AND ADOPTED this 10th day of April 2019, by the following vote:

AYES: _____ NAYS: _____ Port of Columbia County

By: ______President Attested By:

______Secretary

DRAFT

Page 2 - RESOLUTION NO. 2019-21 DRAFT DRAFT

SIA Hangar Building Final

Design and Engineering STAFF REPORT

DATE: April 10, 2019

TO: Port Commission

FROM: Craig Allison, Property & Operations Manager

RE: Additional Design and Engineering, Scappoose Industrial Airpark Hangar Building

Discussion The Port’s new hangar building facility at the Airpark for our client, Devinaire LLC, is ready for release of an RFP to obtain proposals for construction, having now cleared the City of Scappoose planning process. We’re taking this to bid again after a total of nearly 2 ½ years of work on this project, through various changes and revisions to scope and requirements. From the start, the Port has contracted with Lower Columbia Engineering (LCE) to accomplish the conceptual and bid design/engineering document work, through scope changes, last year’s bidding process, and revised design work this year to enable the project to keep moving forward. Most recently, two specific factors have combined to increase engineering costs: 1) the further challenges of obtaining a cost-effective fire suppression system, with related water containment capability; and 2) a change order initiated by the client to add office space, thereby enabling complete consolidation of their business in Scappoose. Undeniably, these factors have added to an already-increasing overall cost for the pre-construction work, which fortunately we believe we’ll be able to recapture in the revenue generated by the client (lease negotiations are currently underway).DRAFT

After analyzing their billings for the latest phase of work, and considering the unanticipated time needed due to the factors described above, we’ve determined that an additional $12,226 of current and projected charges is justified and needs authorization, for work now finished and to cover the RFP support we’ll need over the next couple of months.

Recommendation Adopt Resolution 2019-22, providing authorization for supplemental funding for Lower Columbia Engineering’s Phase III design, engineering, and bid support work for the new SIA Hangar Building Project.

Page 1 of 1

RESOLUTION NO. 2019-22

A RESOLUTION AUTHORIZING SUPPLEMENTAL FUNDING FOR LOWER COLUMBIA ENGINEERING FOR ADDITIONAL PHASE III DESIGN AND ENGINEERING WORK FOR A NEW AIRPARK HANGAR BUILDING.

WHEREAS, the Port’s new hangar building facility at the Scappoose Industrial Airpark for our client, Devinaire LLC, is ready for RFP-based procurement, having cleared the City of Scappoose planning process after nearly 2 ½ years of work on this project, through various changes and revisions to scope and requirements; and

WHEREAS, the Port has contracted throughout with Lower Columbia Engineering (LCE) to accomplish the conceptual and bid design/engineering document work, through scope changes, last year’s bidding process, and revised design work this year to enable the project to move forward; and

WHEREAS, two specific factors have combined to increase engineering costs most recently: 1) the further challenges of obtaining a cost-effective fire suppression system, with related water containment capability; and 2) a change order initiated by the client to add office space, thereby enabling complete consolidation of their business in Scappoose; and

WHEREAS, with LCE’s engineering work complete and only RFP support remaining, Port Staff has determined that an additional $12,226 is now, or will be due LCE for their services, and recommends authorization of that sum for those charges; now therefore

BE IT RESOLVED by the Board of Commissioners of the Port of Columbia County as follows:

The Board authorizes an additional $12,226 as supplemental funding for Lower Columbia Engineering, for additional design/engineering work and bid support for the Scappoose Industrial Airpark Devinaire Hangar Building Project, as referenced above. DRAFT

PASSED AND ADOPTED this 10th day of April 2019, by the following vote:

AYES: _____ NAYS: _____ Port of Columbia County

By: ______President Attested By:

______Secretary

Page 1 - RESOLUTION NO. 2019-22

Mark D. Semling McNulty Creek Industrial Park STAFF REPORT

DATE: April 10, 2019

TO: Commission Board

FROM: Paula Miranda

RE: Mark D. Semling (Semling Construction)

Discussion

The Port was notified by the County Tax Assessor about a year ago that portions of our property was improved with concrete and asked if we were leasing the property to Mark Semling. We contacted Mr. Semling to find out that he didn’t realize it was part of our property. At the time he offered to pay any related taxes and asked if he could use the property under a permit, which we agreed.

Recently we were approached by Mr. Semling asking if he could purchase the property.

After further evaluation we concluded that for that piece of property we would charge a price of about $2 per square foot, for a total of $14,268 (7,134sf x 2). That price is based on an appraisal we did in an area nearby, which came out at approximately $2.33 per square foot. The difference is the other parcel was fronting Old Portland Road. The property contemplated is part of a larger parcel completely covered by Milton Creek and not developable. In factDRAFT the portion being used by Semling may be the only usable portion of the entire parcel, which is located behind his property (see map attached). Mr. Semling would be paying all the closing costs, including the lot line adjustment needed to sell the property.

I would also highly suggest the Port consider negotiating with the City of St. Helens on possibly taking the remainder of the parcel, which could be used for some sort of park and accessible to the public, as it is already unofficially the case.

Recommendation

Approving Resolution 2019-23 as presented.

Page 1 of 1

RESOLUTION NO. 2019-23

A RESOLUTION AUTHORIZING THE PORT TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH MARK D. SEMLING FOR A SMALL PARCEL LOCATED AT MCNULTY CREEK

WHEREAS, the Port owns a parcel located off McNulty Way at McNulty Industrial Park;

WHEREAS, Mark D. Semling doing business as Semling Construction (Semling) owns a parcel adjacent to Port property; and

WHEREAS, Semling inadvertently poured concrete in portions of Port property and have since paid taxes and the Port for the use of the approximately 7,134 sq. ft. (Property) through a permit; and

WHEREAS, Semling has offered to purchase the Property and pay for all costs related to complete a lot line adjustment; now therefore

BE IT RESOLVED by the Board of Commissioners of the Port of Columbia County as follows:

It approves the Purchase and Sale Agreement as presented and authorizes the Executive Director to complete the transaction and sign closing documents as required.

PASSED AND ADOPTED this _____ day of April 2019, by the following vote:

AYES: _____ NAYS: _____ Port of Columbia County

By: ______President Attested By: DRAFT

______Secretary

Page 1 - RESOLUTION NO. 2019-23 AGREEMENT TO PURCHASE AND SALE REAL ESTATE

This Agreement to Purchase and Sale Real Estate (this “Agreement”) effective this ___ day of ______, 2019 (the “Effective Date”) is by and between, Port of Columbia County, an Oregon municipal corporation (“Seller”) and Mark D. Semling (“Purchaser”).

Seller owns the unimproved real property located off McNulty Way, St. Helens, Oregon, as described in Exhibit A and depicted in Exhibit B attached hereto (the “Property”). Purchaser offered to purchase the Property, and Seller has accepted Purchaser’s offer subject to certain terms and conditions, which are generally outlined below in this Agreement.

1. PURCHASE PRICE. The purchase price for the Property (the “Purchase Price”) shall be Fourteen Thousand Two Hundred Sixty-Eight and 0/Dollars ($14,268.00), to be mutually agreed between Seller and Buyer.

2. EARNEST MONEY DEPOSIT. Earnest money in the amount of Five Thousand Dollars ($5,000) (the “Earnest Money”) shall be non-refundable (except as provided below) and shall be delivered to escrow on behalf of the Seller within seven (7) business days from the Effective Date. The Earnest Money shall be applied towards the Purchase Price at closing. If the sale of the Property is not consummated solely due to Seller’s default, then Purchaser may terminate the agreement to purchase the Property and receive a full refund of the Earnest Money.

3. CONTINGENCIES.

A. Seller’s obligation to sell the Property is conditioned upon approval by Seller’s Board of Commissioners prior to the Closing Date.

B. Seller’s completion of a lot line adjustment prior to the Closing Date.

C. Purchaser’s obligation to purchase the Property is conditioned upon Purchaser’s approval of property inspections, including but not limited to any environmental assessment and other feasibility studies, including clear title, prior to the Closing Date. DRAFT 4. CLOSING. Closing shall occur on or before June 30, 2019 (the “Closing Date”), unless otherwise extended by mutual agreement of the parties.

5. CLOSING COSTS AND LIENS. Purchaser shall pay all closing costs, including all costs related to the completion of a lot line adjustment on the Property. Seller shall pay off all liens on the Property at closing, if any.

6. COMMISSION. No commissions shall be paid to any broker in connection with this transaction.

Page 1 of 6 AGREEMENT TO PURCHASE REAL ESTATE 7. REPRESENTATIONS.

1.1 As Is. Buyer represents that it accepts and executes this contract on the basis of its own examination and personal knowledge of the Property; that except for as provided in this contract, Seller has made no representations, warranties, or other agreements concerning matters relating to the Property; that Seller has made no agreement or promise to alter, repair, or improve the Property; and that Buyer takes the property “AS IS.”

1.2 Seller makes no representation as to the size of the property being conveyed or the exact property boundaries. Buyer is advised, if desired, at its sole cost and expense, to obtain a survey of the property to determine the size of the property and property boundaries.

1.3 Seller represents:

a. That it has legal authority to convey the property; b. That the property is not encumbered by any easements, boundary disputes, encroachments, or other encumbrance, except those of public record; c. That there are no underground storage oil/fuel tanks on the Property or Seller has otherwise identified the location or approximate location of the tanks to Buyer. d. That there is no other material defect affecting this property or its value that a prospective Buyer should know about.

8. TAXES/PRORATIONS. There are no assessed property taxes. Therefore, there shall not be any proration of taxes, as Seller is a tax-exempt entity.

9. UTILITIES. Seller shall pay all utility bills accrued to date and payment shall be handled outside of escrow.

10. POSSESSION. Buyer is entitled to possession on the date of closing, unless otherwise agreed to between the parties.

11. BINDING EFFECT/ASSIGNMENT RESTRICTED. This Agreement is binding on and will inure to the benefitDRAFT of Seller, Buyer, and their respective heirs, legal representatives, successors, and assigns.

12. ESCROW DEPOSITS. Escrow is authorized to hold, apply and/or release the earnest money as provided for in this contract.

13. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties with respect to the purchase and sale of the Property. This Agreement may not be modified or amended except by a written agreement executed by both parties. The parties were represented by legal counsel and/or had the opportunity to be represented by legal counsel. This contract was negotiated between the parties and is voluntarily executed. A signature received by facsimile or email scan has the effect of an original signature.

Page 2 of 6 AGREEMENT TO PURCHASE REAL ESTATE 14. NOTICES. All notices and communications in connection with this contract must be given in writing and transmitted by first class mail and/or email to Buyer and to Seller at the address first set forth above. Notices given in accordance with this paragraph are deemed given upon the date of receipt or the date of mailing, with proof of mailing. Either party may, by written notice, designate a different address for purpose of this contract.

15. APPLICABLE LAW. This contract is construed, applied and enforced in accordance with the laws of the State of Oregon.

16. WAIVER. The failure or delay of any party to enforce the performance of any term or condition of this contract does not waive or otherwise limit the party’s right to enforce or pursue remedies for the breach of any such term or condition. Any waiver under this contract must be in writing and signed by the party to be charged.

17. SEVERABILITY. Should any term, provision, or portion of this contract at any time be in conflict with any law, ruling or regulation, or be unenforceable, then such provision will continue in effect only to the extent that it remains valid. In the event that any provision of this contract becomes less than fully operative, the remaining portion of that provision and all other provisions of this contract will nevertheless remain in full force and effect.

THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINEDDRAFT IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.

18. INTENT TO BE BOUND. This Agreement sets forth the essential terms of the transaction contemplated between the Seller and Purchaser, and all parties hereto intent to be bound by this Agreement.

Page 3 of 6 AGREEMENT TO PURCHASE REAL ESTATE AGREED AND ACCEPTED BY THE UNDERSIGNED AS OF THE EFFECTIVE DATE:

SELLER: PURCHASER:

PORT OF COLUMBIA COUNTY, Mark D. Semling an Oregon municipal corporation

By:______By:______Name: ______Name: ______Title: ______Title: ______

DRAFT

Page 4 of 6 AGREEMENT TO PURCHASE REAL ESTATE EXHIBIT A

Approximately 7,134 sq. ft. of the southernmost portion of the property known as tax lot 4N1W2AD1100 and adjacent to 58645 McNulty Way in St. Helens, OR

DRAFT

Page 5 of 6 AGREEMENT TO PURCHASE REAL ESTATE EXHIBIT B

DRAFT

Page 6 of 6 AGREEMENT TO PURCHASE REAL ESTATE Map

DRAFT

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Disclaimer: This map was produced using Columbia County GIS data. The GIS data is maintained by the County to support its governmental activities and is subject to change without notice. This map should not be used for survey or engineering purposes. Columbia County assumes no responsibility with regard to the selection, performance or use of information on this map. Printed 01/20/2016