Copies of Which Are Attached Hereto with Lessees Charles Pratt Robert Stonebrook

BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON

In the Matter of Authorization of Execution of Lease Agreements with ORDER NO 2011 007 Charles Pratt Robert Stonebrook Derek Reed and Trenor Scott for lease of County Property at the Grants Pass Airport

WHEREAS ORS 271360 requires that every lease entered into by Josephine County of its real property pursuant to ORS 271310 shall be authorized by order of the governing body executing the lease

NOW THEREFORE IT IS HEREBY ORDERED that the Board of County Commissioners for Josephine County authorizes the execution of lease agreements copies of which are attached hereto with Lessees Charles Pratt Robert Stonebrook Derek Reed and Trenor Scott for lease of county property at the Grants Pass Airport Private Hangar Space numbers 77 83 88 and 89

DONE AND DATED this day of February 2011

JOSEPHINE COUNTY BOARD OF COMMISSIONERS

S Cassanelli Chair

Simon G Hare Vice Chair

Dwight F Ellis Commissioner

ORDER NO 2011 007 Building77 35 06 22D0 080077 00

JOSEPHINE COUNTY AIRPORT SITE LEASE FOR PRIVATE HANGAR

THIS AGREEMENT is made this day of 2011 by and between JOSEPHINECOUNTYa politicalsubdivisionof the State of Oregon hereinaftercalled LESSOR anc

Charles Pratt 3540 Bullock Lane San Luis Obispo CA 93401 Phone 805 543 0647

hereinafter called LESSEE

IN CONSIDERATIONofthe mutualterms covenantsand conditionshereincontained the parties dc hereby agree as follows

SECTION 100 MINIMUM STANDARDS RULES AND REGULATIONS

It is expresslyunderstoodand agreed betweenthe partiesthat in additionto the terms covenantsandconditionsofthis Agreementthe partiesare furthersubjectto and will fully complywith all the terms covenantsandconditionscontainedwithinthe followingdocuments whichdocumentsincludingsubsequentamendmentsareincorporatedhereinbyreference a Minimum Standards for Fixed Base Operators Authorized Operators and Airports Tenants at the Josephine County Airport Grants Pass Oregon adopted by the Board of County Commissionersas Order No 2009 028 dated May 27 2009 b Josephine County Airports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissionersas Order No 2007058 dated November21 2007 c Josephine County Airports Policy Operational Guidance Rules and Regulations and d Administrative Policy Regarding Ultralight Operations at Josephine County Airports adopted by the Board of County Commissioners as Order No 20023 dated January 16 2002

LESSEE acknowledges receipt of a copy of said documents

LESSEEfurtheragreesto abideby andcomplywith all rulesandregulationsofLESSORand with all federal state andlocallawsand ordinancesand all the rulesand regulationsofthe Stateand FederalAviationAdministrationnow in existenceor as subsequentlyamended

SECTION 2 00 LEASED PREMISES

LESSORhereby leases to LESSEE and LESSEE hereby agrees to lease from LESSORthe real property depicted in Exhibit A attached heretoand made a part hereof The real property subject to the lease herein is commonly known as Space 77

Subsection 201 Premises Use

It is contemplated that as a part of future development private hangars will be constructecasset forth in the AirportMasterPlanas administeredbythe JosephineCounty Departmen of Airports Use of the premises shall be for airport related purposes LESSEE Josephine CoJnty Airport Site Lease For Private Hangar Charles Pratt Page 1 of 8 shall use the premises primarily for storage of aircraft and related supplies LESSEE may choosetoperformanyserviceonits ownaircrafttheLESSEEislegallyqualifiedtoperform LESSEEshallnotusethe premisesforanypurposenotauthorizedbythe MinimumStandards referencedinSection1 00 hereon Commercialuseofthebuildingis notpermitted

Subsection 202 Use of Common Areas

LESSEEshall havethe right in commonwith other airporttenantsto use commonareas oftheAirportincludingrunwaystaxiwaysapronsroadwaysfloodlightslandinglightssignals andotherconveniencesforthe takeoff flyingand landingof aircraftownedor operatedby LESSEE

SECTION 330 CONSIDERATION TERMS

Subsection 301 Rental Payments

in conformancewiththe Josephine CountyAirportsRatesand ChargesPolicyfor Use at the JosephineCountyAirports adoptedby the Boardof CountyCommissionersasOrder No 2007058 dated November21 2007 LESSEEshall pay LESSORas a base rentalfee for the land leased a sum not less than 68710 per year Saidamountis due annuallyon January 2 Rental for the first year will be prorated as of the date of execution of this lease The rental payments shall be increased each January 1 after the execution of this Lease Said annual increaseshall be baseduponand consistentwith the Portland OregonConsumerPriceIndex LESSORwill give written notice by mail or by personaldelivery of the rent increaseat least thirty 30 days prior to the effective date of the increase

Subsection 302 Lease Term

The term of this Agreementshall commenceon the 1st day of January 2010 and continueuntI December31 2019 unlessearlierterminatedas otherwiseprovidedherein

Subsection 303 Administrative Charges and Late Payments

If anypaymentis notreceivedbythe LESSORbyJanuary2ndof eachcalendaryear LESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment due in additionto any rent paymentsthen due Said charge shall be consideredpart of rent Payments not received in full within thirty 30 days of the due date shall at LESSORs discretion constitutea breachof this Agreementand LESSORshall have the rightto terminate this Agreement

Subsection 304 Option To Renew

If the LESSEE is not in default hereunder upon the termination of the original term hereof LESSEEshallhavethe optionto renewthis Leasefor an additionalten10 yearperiod by givingthe LESSORwritten noticeof same not lessthan one hundredand eighty180 days priorto the last day of the original term hereof Providedhowever that the terms and conditions for the extended period shall be subject to renegotiationby the parties hereto and shall be agreeduponmutuallybeforesaidextendedtermshallcommence Inthe eventthatthe parties are unable to mutually agree on the terms and conditions for said extended term this lease shall terminate on the date specified herein

Josephine County Airport Site Lease For Private Hangar Charles Pratt Page 2 of 8 SECTION 400 TRANSFER

Subsection 401 Sale or Transfer of Improvements

The leasehereunderwillremainin full forceandeffectandLESSEEmustcomplywith all terms and conditions hereof unless and until the buyer of the improvements describedin Subsection402 below executesanewleaseof thesubjectrealpropertywithLESSOR Upon the executionof such a new lease the leasehereinis terminatedandthe obligationsand responsibilities between LESSOR and LESSEE named herein are terminated

Subsection 402 Improvements at Lease Termination

Upor terminationof this lease LESSEEshall have so long as LESSEEis not in default underthis lease an optionrelatingto any improvementfixture buildingor structureplaced uponthe leasedsite by LESSEEduringthe termof this lease includingextendedtermsduring the lifeof the improvements to sellsaidimprovementstoanybuyerqualifiedandableto enter into a leaseof the subjectsite with LESSOR as determinedby mutualagreementbetweensaid buyerand LESSOR or to removefrom the leasedsite all said improvementswithinsixty 60 daysfollowingthe leasetermination and restorethe premisesto its originalcondition Any improvementfixture building or structureremaininguponthe leasedpremisessixty60 days followingthe leaseterminationshallbe and remainthe propertyof the LESSOR Josephine County

SECTION 500 LIABILITY INSURANCETAXES INDEMNIFICATION

Section 501 Comprehensive General Liability Insurance

At all times during the term hereof the LESSEEwill at the LESSEEs own expense keep in effect and deliver to the LESSOR liability insurance policies in form and with an insurer satisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEE against all liability for damage to persons or property in upon or about the premises The amount of such insurance shall be not less that 100000 for injury to one person not less than 500000 for injuriesto all personsarising out of any single incident and not less than 100000 for damage to property or a combined single limit of not less than 500000 It shall be the responsibility of LESSEE to purchase casualty insurance with extended coverage so as to insure any structure on the premises against damage caused by fire or the effects of fire smoke heat means of extinguishment etc or any other means of loss It shall be the responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises of whatsoever nature against the same With respect to these policies LESSEE shall cause the LESSOR to be named as an additional insured party

The documents showing current insurance and endorsements must be current and on file with the aosephineCountyRisk Managerand the Airport Director

Josephine County Airport Site Lease For Private Hangar Charles Pratt Page 3 of 8 It is further understoodthat LESSOR reserves the right in the future as the law and circumstancesaresubjectto change to requirean increasein said bodilyinjuryand property damage insurance limits

Section 502 Property Taxes

LESSEE shall assume and pay all taxes and assessmentsthat may be due on the improvementon the leasedpropertyincludingthe personalpropertyusedby the LESSEEin its operation

Subsection 503 Indemnification

Notwithstandinganythinghereinto the contrary LESSEEs use of the subjectpremises shall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save hold harmless and indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnify and hold LESSOR harmlessagainst any and all claims and demands arising from the negligence of the LESSEE LESSEEs officers agents invitees andor employees as well as those arising from LESSEEs failure to complywith any covenant of this lease on LESSEEs part to be performed and shall at LESSEEs own expense defendthe LESSORagainstany and all suits or actionsarisingout of suchnegligence actualor alleged and all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against LESSOR in any such suit or action

SECTION 600 MAINTENANCE AND UTILITIES

LESSORshall be responsiblefor all maintenanceof airport commonground with the exception of the exterior ground three 3 feet wide immediately surrounding the building LESSEE shall maintain the exterior of the hangar including paint and keep the grass and brush cut on those three feet of ground surrounding the building LESSEE shall be responsible for the installation and structural maintenanceof the asphalt apron from the building to taxi lane interior ground water electricity and sewer charges and garbage collection charges used on or incurred anywhere in or about the leased premises and LESSEE shall pay said charges made by the suppliers thereof promptlywhen due The LESSEE shall remove from the airport and otherwise dispose of in an approved manner all garbage debris and other waste material whether solid or liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep and maintain the leased premises in a neat and orderly manner LESSEE may not store or deposit material containers or any other item of any description in any area surrounding the hangar nor permit or give permission to any other party to store or deposit any such items Any items stored or deposited in violation of this provision may be removed and disposed of by LESSOR or LESSORs agents at LESSEEs expense

Section 601 Premises Inspection

LESSOR reserves the right to inspect LESSEEs improvements for condition and appearance in accordance with airport standards for maintaining clean safe and attractive facilities at the airport Items considered will include but not be limited to siding and exterior finish roofing doors and structuralsoundness LESSEEshall keep and maintainthe buildingin good repair and promptly repair any unsightly damage or deterioration If LESSEE fails to make the repairs within a specified period the LESSOR shall have the right to terminate this Agreement

Josephine County Airport Site Lease For Private Hangar Charles Pratt Page 4 of 8 SECTION 700 FUTURE REQUIREMENTS

This lease shall be subordinateto the provisionsof any existingor future agreementbetween Josephine County and the United States relative to the operation and maintenance of the Airport the executionof which has been or may be required as a condition precedentto the receiptand expenditureof federalfundsfor the developmentof the Airportproperties

SECTION 800 WAR OR NATIONAL EMERGENCY

This leasesnallfurtherbesubordinatetothe right of the LESSORduringthe time of war or any national emergency to lease or surrender the subject premises or any part thereof to the United States Government for military or naval use and if any such lease is made the provisions of this lease shall be suspended

SECTION 900 HAZARDOUS SUBSTANCES

The LESSEErepresentsand warrantsto the LESSORthat the LESSEEs use of the Property will be in full compliance with all federal state and local statutes ordinances rules regulations and other laws pertaining to Hazardous Substances as hereafter defined The LESSEE agrees to hold harmless indemnify and defend the LESSOR from and against any claim demand penalty fee lien damage loss expense or liability resulting from i any breach of the representations or warranties made by it in this paragraph including attorneys fees and costs of or in preparation for any administrative or judicial proceeding or appeal review and ii the contamination by Hazardous Substances of the leased premises or any other propertiesdirectly or indirectly resulting from any activities of or associated with the use of the leased premises As used herein the term Hazardous Substances shall mean any hazardous toxic or dangerous substance waste or material that is or may become regulated under any federal state or local statute ordinance rule regulation or other law now or hereafter in effect pertaining to environmental protection contamination or cleanup including without limitation the Comprehensive Environmental Response Compensation and Liability Act 42 USC 9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq the Federal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42 USC 2001 et seq and amendments thereto

SECTION 1 000 FIRE PREVENTION

LESSEE shall exercise due diligence and reasonable care and caution to prevent and control fires on the airport and to that end shall a Have available suitable fire extinguishers in accordance with rules and regulations as set forth by the State or County Fire Marshal b Store any flammables in suitably protected containers in accordance with rules and regulations as set forth by the State or County Fire Marshal and c Comply with all state county and city fire regulations when using flammable liquids and materials on airport property

SECTION 1100 ASSIGNMENT AND SUBLETTING

This agreement is personal to the LESSEE and no assignment or subletting is permitted in this agreement in whole or in part without the express written consent of LESSOR

Josephine Cot my Airport Site Lease For Private Hangar Charles Pratt Page 5 of 8 SECTION 1200 DEFAULT

In the eventthat LESSEEfails to complywith the terms and provisionsof this LeaseAgreement or fails to comply with any reasonable request or direction of the LESSOR arising out of the terms and provisions of this Lease Agreement then the said LESSEE shall be deemed in default of this Agreement If said default continuesfor more than thirty 30 days after noticeof same to LESSEE LESSORmay terminate this LeaseAgreement and reenter and repossess said premises and facilities thereon and hold the same

SECTION 1300 MISCELLANEOUS

Subsection 1301 Hangar Construction

Plansfor all hangarsto be constructedon the leased property must be approvedby the Josephine County Building Safety Department before construction is begun Commercially constructed individual hangars and structures constructed on the site will be permitted provided they comply with the specifications approved by the Airport Director as defined within the rules and regulations for construction of private hangars and buildings on leased land at the Airport and meet the requirements of the Building Safety Department Construction must be initiated within 90 days after the lease is signed and the hangar must be completed within 180 days from the date of execution of lease Delays in construction which might cause the completion date to extend beyond the specified period should be referred to the Airport Director for consideration since failure to meet these dates will be cause for termination of the lease

Subsection 1302 Construction Liens

The ESSEE during the construction of any improvement upon the leased premises shall secure a waiver of liens as to all materialmen laborers or suppliers furnishing or supplying materials or labor for the construction of said hangar Said lien waivers shall be furnished to the Airport Director prior to any deliveries being made upon said premises and prior to any work or labor being performed It shall be the obligation of each individual LESSEE to secure the lien waivers prior to the permitting of any labor materials or any construction by any persons firms or any corporations

In the construction of the hangar building the LESSEE and LESSEEs agents suppliers and workmen shall fully and completely comply with all FAA requirements as set forth in the guidelines for leases or agreements granting commercial franchises to airports affected by federal agreements dated April 1981 and as hereafter amended All the provisions of that federal agreement shall be an integral part of adopted in and incorporated into any construction agreement and this Lease Agreement

Subsection 1303 Attorneys Fees

In any action brought by either party under this Agreement or any appeal thereof the prevailing party shall be entitled to recover interest costs and reasonable attorneys fees

Subsection 1304 Arbitration

Any dispute between the parties regarding the terms of this lease shall be submitted to binding arbitration for resolution Absent agreement upon a single arbitrator each party shall select an arbitrator and the arbitrators so selected shall appoint a third arbitrator and the panel of three arbitrators so selected shall arbitrate a resolution

Josephine Cot my Airport Site Lease For Private Hangar Charles Pratt Page 6 of 8 The partiesby mutualagreementmaydeterminethe rulesfor the conductof the arbitration proceedings Absentagreementthe OregonUniformTrial Court Rules together withthe supplementaltrialcourtrulesof JosephineCountyapplicabletoarbitrationshallbe applicable to the proceeding Nothinginthis sectionshallbe construedtoprecludethismatterbeingsubmittedto mediationor otheralternatedisputeresolutionprogramor proceeding

Subsection 1305 Notices Anynoticerequiredbythetermsofthisleasetobegivenbyonepartyheretotothe othershallbesufficientifinwritingcontainedina sealedenvelopeandhanddeliveredorsent first class mail with postage prepaid as follows

TO LESSOR TO LESSEE Josephine County Dept of Airports Charles Pratt 1441 Brookside Blvd 3540 Bullock Lane Grants Pass OR 97526 San Luis Obispo CA 93401 Thepartiesagreethattheplaceofmailingofnoticesmaybechangedfromtimetotime howeverallsuchchangesofaddressmustbein writingcontainedina sealedenvelopeand handdeliveredorsentfirstclassmailwithpostageprepaidtotheaddresseedesignatedherein

Subsection 1306 Binding Effect ThisAgreementshallbebindinguponandinuretothebenefitofitsheirsadministrators representatives and successors in interest of the parties hereto This lease supersedes any priorleaseuoonthesubjectpremisesexecutedbythepartiesortheirsuccessorsininterest

Subsection 1307 Severability Clause In the eventthatanyprovisionofthisAgreementisfoundby a competentCourtor agencytobeunconstitutionalorviolativeofanyfederalorstatelawruleregulationororder suchfindingsshallaffectonlysuchprovisionandallremainingprovisionsofthisAgreement shall remain valid and enforceable

Subsection 1309 Waiver AnywaiverbytheLESSORofanybreachofanycovenanthereincontainedtobekept andperformedbytheLESSEEshallnotbedeemedorconsideredasacontinuingwaiverand shallnotoperatetobarorpreventtheLESSORfromdeclaringaforfeitureforanysucceeding breach either of the sameconditionor covenantor otherwise

111

Charles Pratt Page 7 of 8 Josephine County Airport Site Lease For Private Hangar INWITNESSWHEREOFthepartieshavesignedthisLeaseAgreementthedayand year first wriPen above

LESSOR LESSEE JOSEPHINE COUNTY BOARD OF COMMISSIONERS

S Cassanell Chair Charles Pratt

r p

Simon G Hare Vice Chair Date

Dwight F Ells Commissioner

Date

APPROVED AS TO FORM

CountyLegal Counsel

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JOSEPHINE COUNTY AIRPORT SITE LEASE FOR PRIVATE HANGAR

THIS AGREEMENT is made this day of 201 by and between JOSEPHINECOUNTY a political subdivisionof the State of Oregon hereinaftercalled LESSOR and

Robert Stonebrook 574 Brookstone Hills Dr Grants Pass OR 97526 Phone 541 476 3443

hereinafte called LESSEE

IN CONSIDERATION of the mutual terms covenants and conditions herein contained the parties co hereby agree as follows

SECTION 1 00 MINIMUM STANDARDS RULES AND REGULATIONS

It is expressly understood and agreed between the parties that in addition to the terms covenants and conditions of this Agreement the parties are further subject to and will fully complywith all the terms covenantsand conditionscontainedwithinthe followingdocuments whichdocuments includingsubsequentamendments are incorporatedhereinby reference a Minimum Standards for Fixed Base Operators Authorized Operators and Airports Tenants at the Josephine County Airport Grants Pass Oregon adopted by the Board of County Commissioners as Order No 2009028 dated May 27 2009 b Josephine County Airports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissioners as Order No 2007 058 dated November 21 2007 c Josephine County Airports Policy Operational Guidance Rules and Regulations and d Administrative Policy Regarding Ultralight Operations at Josephine County Airports adopted by the Board of County Commissioners as Order No 20023 dated January 16 2002

LESSEE acknowledges receipt of a copy of said documents

LESSEE further agrees to abide by and comply with all rules and regulations of LESSOR and with all federal state and local laws and ordinances and all the rules and regulationsof the State and FederalAviationAdministration now in existenceor as subsequentlyamended

SECTION 2 00 LEASED PREMISES

LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR the real property depicted it Exhibit A attached hereto and made a part hereof The real property subject tc the lease herein is commonly known as Space 83

Suosection 2 01 Premises Use

It is contemplated that as a part of future development private hangars will be constructedas set forth in the Airport Master Plan as administeredby the Josephine County Department of Airports Use of the premises shall be for airport related purposes LESSEE Josephine County Airport Site Lease For Private Hangar Stonebrook Page 1 of 8 shall use the premises primarily for storage of aircraft and related supplies LESSEE may chooseto performanyserviceon its ownaircraftthe LESSEEislegallyqualifiedto perform LESSEEshallnotusethe premisesforanypurposenotauthorizedbythe MinimumStandards referencedin Section100 hereon Commercialuseof the buildingis not permitted

Subsection 202 Use of Common Areas

LESSEEshall havethe right in commonwith otherairporttenantsto use commonareas of theAirport includingrunwaystaxiwaysapronsroadwaysfloodlightslandinglightssignals and otherconveniencesforthe takeoff flyingand landingof aircraftownedor operatedby LESSEE

SECTION 330 CONSIDERATION TERMS

Subsection 301 Rental Payments

In conformancewiththe Josephine CountyAirportsRatesand ChargesPolicyfor Use at the Josephine CountyAirports adopted by the Board of County Commissionersas Order No 2007058 dated November21 2007 LESSEE shall pay LESSORas a base rental fee for the land leased a sum not less than 96516 per year Said amount is due annually on January2 Rentalforthefirstyearwillbeproratedasofthedateof executionofthislease The rental payments shall be increased each January 1 after the execution of this Lease Said annual increase shall be based upon and consistentwith the Portland Oregon ConsumerPrice Index LESSOR will give written notice by mail or by personal delivery of the rent increase at least thirty 30 days prior to the effective date of the increase

Subsection 302 Lease Term

The term of this Agreementshall commenceon the 6th day of July 2010 and continue until July 5 2020 unlessearlier terminatedas otherwiseprovidedherein

Subsection 303 Administrative Charges and Late Payments

If any paymentis not receivedby the LESSORby January2nd of each calendaryear LESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment due in addition to any rent payments then due Said charge shall be considered part of rent Payments not received in full within thirty 30 days of the due date shall at LESSORs discretion constitutea breachof this Agreementand LESSORshall havethe right to terminate this Agreement

Subsection 304 Option To Renew

If the LESSEE is not in default hereunder upon the termination of the original term hereof LESSEEshallhavethe optionto renewthis Leasefor an additionalten 10 year period by giving the LESSORwritten notice of same not less than one hundredand eighty 180 days prior to the last day of the original term hereof Provided however that the terms and conditions for the extended period shall be subject to renegotiation by the parties hereto and shall be agreed upon mutually before said extendedterm shall commence In the event that the parties are unable o mutually agree on the terms and conditions for said extended term this lease shall terminate on the date specified herein

Josephine ounty Airport Site Lease For Private Hangar Stonebrook Page 2 of 8 SECTION 400 TRANSFER

Subsection 401 Sale or Transfer of Improvements

LESSEEshallnotsell assign transferpledgeor sublet or in anywayencumberthe sitesubjecttothisleaseoranyrightsorprivilegesconferredbythisleasewithouttheexpress written consent of LESSOR However if LESSEE desires to sell the improvements as described it Subsection 402 below the buyer of said improvements must meet the requirementsof and enter into a new leasewith the LESSOR The term of such new lease with buyershallnotbe lessthanthe unexpiredtermof LESSEEsleasegrantedherein TheleasehereunderwillremaininfullforceandeffectandLESSEEmustcomplywith all terms and conditionshereofunlessand untilthe buyerof the improvementsdescribedin Subsection402 belowexecutesanewleaseofthesubjectrealpropertywithLESSORUpon the executionof sucha new lease the leasehereinis terminatedandthe obligationsand responsibilities between LESSOR and LESSEE named herein are terminated

Subsection 402 Improvements at Lease Termination

Uponterminationofthis lease LESSEEshallhave so longas LESSEEis not in default underthis lease an optionrelatingto any improvementfixturebuildingor structureplaced uponthe leasedsiteby LESSEEduringthetermof this lease includingextendedtermsduring the lifeof thes improvement to sellsaidimprovementstoany buyerqualifiedandableto enter intoa leaseof the subjectsitewithLESSORas determinedbymutualagreementbetweensaid buyerand LESSORor to removefromthe leasedsiteall saidimprovementswithinsixty60 daysfollowingthe leaseterminationand restorethe premisesto its originalconditionAny improvementfixturebuildingorstructureremainingupontheleasedpremisessixty60 days followingthe leaseterminationshallbe and remainthe propertyof the LESSORJosephine County

SECTION 5 JO LIABILITY INSURANCETAXES INDEMNIFICATION

Section 501 Comprehensive General Liability Insurance

At all times duringthe term hereof the LESSEEwill at the LESSEEsown expense keepin effectanddeliverto the LESSORliabilityinsurancepoliciesinform andwithan insurer satisfactory o the LESSOR Such policies shall insure both the LESSOR and the LESSEE against all liability for damage to persons or property in upon or about the premises The amount of such insuranceshall be not less that 100000 for injury to one person not less than 500000 for injuriesto all personsarisingout of anysingleincident andnot lessthan 100000 for damage to property or a combined single limit of not less than 500000 It shall be the responsibilityof LESSEEto purchasecasualtyinsurancewith extendedcoverageso as to insure any structure on the premises against damage caused by fire or the effects of fire smoke heat means o extinguishment etc or any other means of loss It shall be the responsibilityof the LESSEEto insure all of the LESSEEs belongingsupon the premises of whatsoever nature against the same With respect to these policies LESSEE shall cause the LESSOR to tie named as an additional insured party

The documents showing current insurance and endorsements must be current and on file with the osephineCountyRisk Managerandthe Airport Director

Josephine ou ity Airport Site Lease For Private Hangar Stonebrook Page 3 of 8 It is farther understood that LESSOR reserves the right in the future as the law and circumstancesaresubjectto changeto requireanincreaseinsaidbodilyinjuryandproperty damage insu ance limits

Section 502 Property Taxes

LESSEE shall assume and pay all taxes and assessments that may be due on the improvementon the leased propertyincludingthe personalpropertyused by the LESSEEin its operation

Subsection 503 Indemnification

Notwithstandinganythinghereinto the contrary LESSEEs use of the subjectpremises shall not resalt in any cost or expense to LESSOR whatsoever and LESSEE shall save hold harmless and indemnify LESSOR from any such cost or expense

LESSEEagreesto and shall indemnifyand hold LESSORharmlessagainstany and all claims and demandsarising from the negligenceof the LESSEE LESSEEs officers agents inviteesandor employees as well as those arisingfrom LESSEEs failure to complywith any covenant of this lease on LESSEEs part to be performed and shall at LESSEEs own expense defendthe LESSORagainst any and all suits or actions arising out of such negligence actual or alleged and all appealstherefromand shall satisfy and dischargeanyjudgmentwhich may be awarded against LESSOR in any such suit or action

SECTION 630 MAINTENANCE AND UTILITIES

LESSORshall be responsiblefor all maintenanceof airportcommonground with the exception of the exterior ground three 3 feet wide immediately surrounding the building LESSEE shall maintain the exterior of the hangar including paint and keep the grass and brush cut on those three feet of ground surrounding the building LESSEE shall be responsible for the installation and structural maintenanceof the asphaltapron from the buildingto taxi lane interiorground water electricity and sewer charges and garbage collection charges used on or incurred anywhere in or about the leased premises and LESSEEshall pay said charges made by the suppliers thereof promptlywhen due The LESSEE shall removefrom the airport and otherwise dispose of in an approved manner all garbage debris and other waste material whether solid or liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep and maintain the leased premises in a neat and orderly manner LESSEE may not store or deposit material containers or any other item of any description in any area surrounding the hangar nor permit or give permission to any other party to store or deposit any such items Any items stored or deposited in violation of this provision may be removed and disposed of by LESSOR or LESSORS agents at LESSEEs expense

Section 601 Premises Inspection

LESSOR reserves the right to inspect LESSEEs improvements for condition and appearance in accordance with airport standards for maintaining clean safe and attractive facilities at tie airport Items considered will include but not be limited to siding and exterior finish roofing doors and structural soundness LESSEEshall keep and maintainthe buildingin good repair and promptly repair any unsightly damage or deterioration If LESSEE fails to make the repairs within a specified period the LESSOR shall have the right to terminate this Agreement

Josephine Cavity Airport Site Lease For Private Hangar Stonebrook Page 4 of 8 SECTION 700 FUTURE REQUIREMENTS

This lease shall be subordinateto the provisionsof any existing or future agreementbetween Josephine County and the United States relative to the operation and maintenance of the Airport the execution of which has been or may be required as a condition precedent to the receipt and expenditureof federal funds for the developmentof the Airport properties

SECTION 800 WAR OR NATIONAL EMERGENCY

This lease shall further be subordinateto the right of the LESSORduring the time of war or any national emergency to lease or surrender the subject premises or any part thereof to the United States Government for military or naval use and if any such lease is made the provisions of this lease shall be suspended

SECTION 900 HAZARDOUS SUBSTANCES

The LESSEE representsand warrants to the LESSOR that the LESSEEs use of the Property will be in full compliancewith all federal state and local statutes ordinances rules regulations and other laws pertaining to Hazardous Substances as hereafter defined The LESSEE agrees to hold harmless indemnify and defend the LESSOR from and against any claim demand penalty fee lien damage loss expense or liability resulting from i any breach of the representations or warranties made by it in this paragraph including attorneys fees and costs of or in preparation for any administrative or judicial proceeding or appeal review and ii the contamination by Hazardous Substances of the leased premises or any other properties directly or indirectly esulting from any activities of or associated with the use of the leased premises As used herein the term Hazardous Substances shall mean any hazardous toxic or dangerous substance waste or material that is or may become regulated under any federal state or local statute ordinance rule regulation or other law now or hereafter in effect pertaining to environmental protection contamination or cleanup including without limitation the Comprehensive Environmental Response Compensation and Liability Act 42 USC 9601 et seq the Resource Conservation and Recovery Act 42 US C 6901 et seq the Federal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42 USC 2001 et seq and amendments thereto

SECTION 1000 FIRE PREVENTION

LESSEE shall exercise due diligence and reasonable care and caution to prevent and control fires on the airport and to that end shall a Have available suitable fire extinguishers in accordance with rules and regulations as set forth by the State or County Fire Marshal b Store any flammables in suitably protected containers in accordance with rules and regulations as set forth by the State or County Fire Marshal and c i Comply with all state county and city fire regulations when using flammable liquids and materials on airport property

SECTION 1 00 ASSIGNMENT AND SUBLETTING

This agreement is personal to the LESSEE and no assignment or subletting is permitted in this agreement in whole or it part without the express written consent of LESSOR

Josephine Airport Site Lease For Private Hangar Stonebrook Page 5 of 8 SECTION 1200 DEFAULT

Inthe eventthatLESSEEfailsto complywiththe termsandprovisionsofthis LeaseAgreement or fails to complywith any reasonablerequestor directionof the LESSORarisingout of the terms and provisions of this Lease Agreement then the said LESSEE shall be deemed in defaultof this Agreement If said defaultcontinuesfor morethanthirty 30 daysafter noticeof same to LESSEE LESSORmay terminatethis LeaseAgreement and reenter and repossess said premises and facilities thereon and hold the same

SECTION 1300 MISCELLANEOUS

Subsection 1301 Hangar Construction

Plansfor all hangarsto be constructedonthe leasedpropertymustbe approvedby the Josephine County BuildingSafety Department before construction is begun Commercially constructedindividualhangars and structuresconstructedon the site will be permittedprovided they comply with the specifications approved by the Airport Director as defined within the rules and regulationsfor constructionof private hangarsand buildingson leased land at the Airport and meet the requirements of the Building Safety Department Construction must be initiated within 90 daysafter the leaseis signedand the hangarmust be completedwithin 180 daysfrom the date of executionof lease Delaysin constructionwhich might cause the completiondate to extend beyond the specified period should be referred to the Airport Director for consideration since failure to meet these dates will be cause for termination of the lease

Subsection 1302 Construction Liens

The ESSEE during the construction of any improvement upon the leased premises shall securea waiver of liens as to all materialmen laborersor suppliersfurnishingor supplying materials or labor for the construction of said hangar Said lien waivers shall be furnished to the Airport Director prior to any deliveries being made upon said premises and prior to any work or labor being performed It shall be the obligation of each individual LESSEE to secure the lien waivers pricyto the permittingof any labor materials or any constructionby any persons firms or any corporations

In the constructionof the hangar buildingthe LESSEE and LESSEEs agents suppliers and workmen shall fully and completely comply with all FAA requirements as set forth in the guidelines for leases or agreements granting commercial franchises to airports affected by federal agreements dated April 1981 and as hereafter amended All the provisions of that federal agreement shall be an integral part of adopted in and incorporatedinto any construction agreement and this Lease Agreement

Subsection 1303 Attorneys Fees

In any action brought by either party under this Agreement or any appeal thereof the prevailing party shall be entitled to recover interest costs and reasonable attorneys fees

Subsection 1304 Arbitration

Josephine 30L my Airport Site Lease For Private Hangar Stonebrook Page 6 of 8 The parties by mutual agreement may determine the rules for the conduct of the arbitration proceedings Absent agreement the Oregon Uniform Trial Court Rules together with the supplemental trial court rules of Josephine County applicable to arbitration shall be applicable to the proceeding

Nothing in this section shall be construed to preclude this matter being submitted to mediation o other alternate dispute resolution program or proceeding

Subsection 1305 Notices

Any notice required by the terms of this lease to be given by one party hereto to the other shall be sufficient if in writing contained in a sealed envelope and hand delivered or sent first class mail with postage prepaid as follows

TO LESSOR TO LESSEE Josephine County Dept of Airports Robert Stonebrook 1441 Brookside Bvd 574 Brookstone Hills Dr Grants Pass OR 97526 Grants Pass OR 97526

The parties agree that the place of mailing of notices may be changed from time to time however all such changes of address must be in writing contained in a sealed envelope and hand delivered or sent first class mail with postage prepaid to the addressee designated herein

Subsection 1306 Binding Effect

This Agreement shall be binding upon and inure to the benefit of its heirs administrators representatives and successors in interest of the parties hereto This lease supersedes any prior lease upon the subject premises executed by the parties or their successors in interest

Subsection 1307 Severability Clause

In the event that any provision of this Agreement is found by a competent Court or agency to be unconstitutional or violative of any federal or state law rule regulation or order such findings shall affect only such provision and all remaining provisions of this Agreement shall remain valid and enforceable

Subsection 1309 Waiver

Any waiver by the LESSOR of any breach of any covenant herein contained to be kept and performed by the LESSEE shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the LESSOR from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise

Josephine Cou ity Airport Site Lease For Private Hangar Stonebrook Page 7 of 8 IN WITNESS WHEREOF the parties have signed this Lease Agreement the day and year first written above

LESSOR LESSEE JOSEPHINE COUNTY BOARD OF COMMISSIONERS jrrhieek Ificre0Werfran Robert Stonebrook S ssaneri Chair Le 1 1 pe Simon G rn e Trice hair

INVOCIOWCOalliMagefita Dwight F Ellis Conntissioner

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JOSEPHINE COUNTY AIRPORT SITE LEASE FOR PRIVATE HANGAR

THIS AGREEMENT is made this day of 204 by and between JOSEPHINE COUNTY a political subdivision of the State of Oregon hereinafter called LESSOR and

Derek Reed PO Box 1379 Merlin OR 97532 Phone 541 479 5216

hereinafter c ailed LESSEE

IN CONSIDERATION of the mutual terms covenants and conditions herein contained the parties co hereby agree as follows

SECTION 1 00 MINIMUM STANDARDS RULES AND REGULATIONS

It is expressly understood and agreed between the parties that in addition to the terms covenants and conditions of this Agreement the parties are further subject to and will fully comply with all the terms covenantsand conditionscontainedwithin the followingdocuments whichdocuments includingsubsequentamendmentsare incorporatedhereinby reference a Minimum Standards for Fixed Base Operators Authorized Operators and Airports Tenants at the Josephine County Airport Grants Pass Oregon adoptedby the Board of CountyCommissionersas Order No 2009 028 dated May 27 2009 b Josephine County Airports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissioners as Order No 2007 058 dated November21 2007 c Josephine County Airports Policy Operational Guidance Rules and Regulations and c Administrative Policy Regarding Ultralight Operations at Josephine County Airports adopted by the Board of County Commissionersas Order No 20023 dated January 16 2002

LESSEE accnowledges receipt of a copy of said documents

LESSEEturtheragreesto abideby andcomplywith all rulesand regulationsofLESSORand with all federal state and local laws and ordinances and all the rules and regulations of the State and Federal Aviatl on Administration now in existence or as subsequently amended

SECTION 200 LEASED PREMISES

LESSORherebyleasesto LESSEEandLESSEEherebyagreesto leasefromLESSORthe real property depicted in Exhibit A attached hereto and made a part hereof The real property subject to the lease herein is commonly known as Space 88

Subsection 201 Premises Use

It is contemplated that as a part of future development private hangars will be constructec as set forth in the Airport Master Plan as administered by the Josephine County Departmen of Airports Use of the premises shall be for airport related purposes LESSEE Josephine Co inty Airport Site Lease For Private Hangar Derek Reed Page 1 of 8 shall use the premises primarily for storage of aircraft and related supplies LESSEE may chooseto performanyserviceon its ownaircraftthe LESSEEis legallyqualifiedto perform LESSEEshallnotusethe premisesforanypurposenotauthorizedbythe MinimumStandards referenced in Section 100 hereon Commercial use of the building is not permitted

Subsection 202 Use of Common Areas

LESSEE shall have the right in commonwith other airport tenants to use common areas oftheAirportincludingrunwaystaxiwaysapronsroadwaysfloodlightslandinglightssignals and other conveniencesforthe takeoff flying and landingof aircraftownedor operatedby LESSEE

SECTION 300 CONSIDERATION TERMS

Subsection 301 Rental Payments

In conformancewiththe Josephine CountyAirportsRatesandChargesPolicyfor Use at theJosephineCountyAirportsadoptedbytheBoardofCountyCommissionersasOrder No 2007058 datedNovember212007 LESSEEshallpayLESSORasa baserentalfeefor the land leased a sum not less than 70204 per year Said amount is due annually on January 2 Rentalfor the first yearwill be proratedas of the dateof executionofthis lease TherentalpaymentsshallbeincreasedeachJanuary1aftertheexecutionofthisLease Said annualincreaseshallbe baseduponandconsistentwiththe PortlandOregonConsumerPrice Index LESSORwillgivewrittennoticebymailor bypersonaldeliveryoftherentincreaseat leastthirty 130 dayspriorto the effectivedate ofthe increase

Subsection 302 Lease Term

ThetermofthisAgreementshallcommenceonthe 1stdayof September2009and continueuntiAugust312019unlessearlierterminatedasotherwiseprovidedherein

Subsection 303 Administrative Charges and Late Payments If anypaymentisnotreceivedbytheLESSORbyJanuary2ndof eachcalendaryear of nine LESSEE shall pay LESSOR an administrative charge 9 percent of the payment due in additionto any rentpaymentsthendue Saidchargeshallbe consideredpartof rent Paymentsnotreceivedinfullwithinthirty30 daysof the duedateshallat LESSORs discretionconstituteabreachofthisAgreementandLESSORshallhavetherightto terminate this Agreement

Subsection 304 Option To Renew

If the LESSEEis not in default hereunder upon the terminationof the original term hereofLESSEEshallhavetheoptiontorenewthisLeaseforanadditionalten10 yearperiod bygivingtheLESSORwrittennoticeofsamenotlessthanonehundredandeighty180days priortothelastdayoftheoriginaltermhereofProvidedhoweverthatthetermsandconditions fortheextendedperiodshallbesubjecttorenegotiationbythe partiesheretoandshallbe agreeduponmutuallybeforesaidextendedtermshallcommenceintheeventthattheparties areunabletomutuallyagreeonthetermsandconditionsforsaidextendedtermthislease shall terminate on the dae specified herein

2 of 8 Josephine Cciurty Airport Site Lease For Private Hangar Derek Reed Page SECTION 400 TRANSFER

Subsection 401 Sale or Transfer of Improvements

The lease hereunderwill remainin full force and effect and LESSEEmust complywith all terms anc conditions hereof unless and until the buyer of the improvements described in Subsection402 below executesa newleaseof the subjectrealpropertywithLESSOR Upon the execution of such a new lease the lease herein is terminated and the obligations and responsibilities between LESSOR and LESSEE named herein are terminated

Subsection 402 Improvements at Lease Termination

Upor termination of this lease LESSEE shall have so long as LESSEE is not in default under this lease an option relating to any improvement fixture building or structure placed uponthe leasedsite by LESSEEduringthe term of this lease includingextendedtermsduring the life of thes improvement to sell said improvementsto any buyerqualifiedand ableto enter into a lease of the subject site with LESSOR as determinedby mutualagreementbetweensaid buyer and LESSOR or io remove from the leased site all said improvementswithinsixty 60 days following the lease termination and restore the premisesto its original condition Any improvement fixture building or structureremainingupon the leasedpremisessixty 60 days following the lease terminationshall be and remain the property of the LESSOR Josephine County

SECTION 500 LIABILITY INSURANCETAXES INDEMNIFICATION

Section 501 Comprehensive General Liability Insurance

At all times during the term hereof the LESSEE will at the LESSEEs own expense keep in effect and deliver to the LESSOR liability insurance policies in form and with an insurer satisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEE against all liability for damage to persons or property in upon or about the premises The amount of such insurance shall be not less that 100000 for injury to one person not less than 500000 for injuries to all persons arising out of any single incident and not less than 100000 for damage to property or a combined single limit of not less than 500000 It shall be the responsibility of LESSEE to purchase casualty insurance with extended coverage so as to insure any structure on the premises against damage caused by fire or the effects of fire smoke heat means of extinguishment etc or any other means of loss It shall be the responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises of whatsoever nature against the same With respect to these policies LESSEE shall cause the LESSORto be named as an additionalinsuredparty

The documents showing current insurance and endorsements must be current and on file with the osephine County Risk Manager and the Airport Director

Josephine ou fly Airport Site Lease For Prrva4e Hangar Derek Reed Page 3 of 8 It is further understood that LESSOR reserves the right in the future as the law and circumstancesare subject to change to require an increase in said bodily injury and property damage insurance limits

Section 502 Property Taxes

LESSEE shall assume and pay all taxes and assessments that may be due on the improvemen on the leased property including the personal property used by the LESSEE in its operation

Subsection 503 Indemnification

Notwithstanding anything herein to the contrary LESSEEs use of the subject premises shall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save hold harmless and indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnify and hold LESSOR harmless against any and all claims and demands arising from the negligence of the LESSEE LESSEEs officers agents invitees andor employees as well as those arising from LESSEEs failure to comply with any covenant of this lease on LESSEEs part to be performed and shall at LESSEEs own expense defend the LESSOR against any and all suits or actions arising out of such negligence actual or alleged and all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against LESSOR in any such suit or action

SECTION 6 00 MAINTENANCE AND UTILITIES

LESSOR shall be responsible for all maintenance of airport common ground with the exception of the exterior ground three 3 feet wide immediately surrounding the building LESSEE shall maintain the exterior of the hangar including paint and keep the grass and brush cut on those three feet of ground surrounding the building LESSEE shall be responsible for the installation and structural maintenance of the asphalt apron from the building to taxi lane interior ground water electricity and sewer charges and garbage collection charges used on or incurred anywhere in or about the leased premises and LESSEE shall pay said charges made by the suppliers thereof promptly when due The LESSEE shall remove from the airport and otherwise dispose of in an approved manner all garbage debris and other waste material whether solid or liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep and maintain the leased premises in a neat and orderly manner LESSEE may not store or deposit material containers or any other item of any description in any area surrounding the hangar nor permit or give permission to any other party to store or deposit any such items Any items stored or deposited in violation of this provision may be removed and disposed of by LESSOR or LESSORs agents at LESSEEs expense

Sectton 601 Premises Inspection

LESSOR reserves the right to inspect LESSEEs improvements for condition and appearance in accordance with airport standards for maintaining clean safe and attractive facilities at the airport Items considered will include but not be limited to siding and exterior finish roofing doers and structural soundness LESSEE shall keep and maintain the building in good repair and promptly repair any unsightly damage or deterioration If LESSEE fails to make the repairs within a specified period the LESSOR shall have the right to terminate this Agreement

Josephine ol my Airport Site Lease For Private Hangar Derek Reed Page 4 of 8 SECTION 7 OD FUTURE REQUIREMENTS

This lease shall be subordinate to the provisions of any existing or future agreement between JosephineCounty and the United States relative to the operation and maintenanceof the Airport the execution of which has been or may be required as a conditionprecedentto the receiptand expenditureof federal funds for the developmentof the Airport properties

SECTION 800 WAR OR NATIONAL EMERGENCY

This lease shall further be subordinate to the right of the LESSOR during the time of war or any nationalemergencyto lease or surrenderthe subject premises or any part thereof to the United States Government for military or naval use and if any such lease is made the provisions of Thislease shall be suspended

SECTION 900 HAZARDOUS SUBSTANCES

The LESSEE represents and warrants to the LESSOR that the LESSEEs use of the Property will be in full compliancewith all federal state and localstatutes ordinances rules regulations and other laws pertaining to Hazardous Substances as hereafter defined The LESSEE agrees to cold harmless indemnifyand defend the LESSORfrom and against any claim demand penalty fee lien damage loss expenseor liabilityresultingfromi any breachof the representationsorwarrantiesmadeby it inthis paragraphincludingattorneysfees and costsof or in preparationfor any administrativeorjudicial proceedingor appealreviewand ii the contaminationbyHazardousSubstancesofthe leasedpremisesor anyotherpropertiesdirectly or indirectlyresultingfrom any activitiesof or associatedwiththe use of the leasedpremises As used herein the term Hazardous Substances shall mean any hazardous toxic or dangeroussubstancewasteor materialthatis or maybecomeregulatedunderanyfederal state or local statute ordinance rule regulation or other law now or hereafter in effect pertainingto environmentalprotectioncontaminationorcleanup including withoutlimitation the ComprehensiveEnvironmentalResponse Compensationand LiabilityAct 42 USC 9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq the Federal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42 USC 2001 et seq and amendments thereto

SECTION 1000 FIRE PREVENTION

LESSEEshall exercisedue diligenceand reasonablecare and cautionto preventand control fires on the airport and to that end shall with rules and a i Have available suitable fire extinguishers in accordance regulationsas set forth by the State or County Fire Marshal b Storeany flammablesinsuitablyprotectedcontainersinaccordancewithrules andregulationsassetforthbythe Stateor CountyFireMarshaland c Complywith all state county and city fire regulationswhenusingflammable liquids and materials or airport property

SECTION 1100 ASSIGNMENT AND SUBLETTING

Thisagreementispersonaltothe LESSEEandno assignmentorsublettingispermittedinthis agreementinwholeor in part withouttheexpresswrittenconsentofLESSOR

Josephine ounty Airport Site Lease For Private Hangar Derek Reed Page 5 of 8 SECTION 12000 DEFAULT

In the even tat LESSEE fails to comply with the terms and provisions of this Lease Agreement or fails to comply with any reasonablerequestor directionof the LESSORarising out of the terms and provisionsof this Lease Agreement then the said LESSEEshall be deemed in default of this Agreement If said default continues for more than thirty 30 days after notice of sameto LESSEE LESSORmay terminatethis LeaseAgreement and reenter and repossess said premises and facilities thereon and hold the same

SECTION 1330 MISCELLANEOUS

Subsection 1301 Hangar Construction

Plansfor all hangarstobe constructedonthe leasedpropertymustbe approvedbythe Josephine County Building Safety Department before construction is begun Commercially constructedindividualhangarsandstructuresconstructedonthe sitewill be permittedprovided theycomplywiththespecificationsapprovedbytheAirportDirectorasdefinedwithintherules andregulationsforconstructionofprivatehangarsandbuildingsonleasedlandat theAirport and meet the requirements of the Building Safety Department Construction must be initiated within90daysaftertheleaseissignedandthehangarmustbecompletedwithin180daysfrom the date of execution of lease Delaysin constructionwhich might causethe completiondate to extendbeyondthe specifiedperiodshouldbe referredtothe AirportDirectorforconsideration since failure to meet these dates will be cause for termination of the lease

Subsection 1302 Construction Liens

The LESSEE duringthe constructionof any improvementuponthe leasedpremises shall secure a waiver of liens as to all materialmen laborers or suppliers furnishing or supplying materialsor laborfor the constructionof said hangar Said lienwaiversshall be furnishedto the AirportDirectorpriorto anydeliveriesbeingmadeuponsaidpremisesandpriorto anyworkor laborbeingperformed It shallbe the obligationofeachindividualLESSEEtosecurethe lien waiverspriorto thepermittingofanylabor materialsoranyconstructionbyanypersonsfirms or any corpo ations

In the constructionofthe hangarbuildingthe LESSEEand LESSEEs agents suppliers andworkmenshallfullyandcompletelycomplywithall FAA requirementsassetforthin the guidelinesforleasesor agreementsgrantingcommercialfranchisestoairportsaffectedby federal agreements dated April 1981 and as hereafter amended All the provisions of that federalagreementshallbeanintegralpartof adoptedinandincorporatedintoanyconstruction agreement and this Lease Agreement

Subsection 1303 Attorneys Fees In anyactionbroughtbyeitherpartyunderthisAgreementoranyappealthereofthe prevailingpartyshallbeentitledtorecoverinterestcostsandreasonableattorneysfees

Subsection 1304 Arbitration

Anydisputebetweenthepartiesregardingthetermsofthisleaseshallbesubmittedto binding arbitration for resolution Absent agreementupon a single arbitratoreach party shall select an arbitrator and the arbitrators so selectedshall appoint a third arbitrator and the panel of three arbitrators so selected shall arbitrate a resolution

8 Josephine di my airport Sue Lease For Private Hangar Derek Reed Page 6 of The parties by mutual agreementmay determine the rules for the conduct of the arbitration proceedings Absentagreementthe OregonUniformTrialCourtRules together withthe supplementaltrialcourtrulesof JosephineCountyapplicabletoarbitrationshallbe applicable tc the proceeding

Nothng in this sectionshallbe construedto precludethismatterbeingsubmittedto mediatioror otheralternatedisputeresolutionprogramorproceeding

Subsection 1305 Notices

Any noticerequiredbythe termsof this leaseto be givenby onepartyheretoto the other shall be sufficientif in writing containedina sealedenvelopeandhanddeliveredor sent first class mail with postageprepaidas follows

TG L ESSOR TO LESSEE Josephine County Dept of Airports Derek Reed 144 Brookside Blvd PO Box 1379 Grants Pass OR 97526 Merlin OR 97532

The partiesagreethatthe placeof mailingof noticesmaybechangedfromtimeto time howeveral suchchangesofaddressmustbein writing containedina sealedenvelopeand handdelivetedorsentfirstclassmailwithpostageprepaidtotheaddresseedesignatedherein

Subsection 13O6 BrndingEffect

ThisAgreementshallbe bindinguponand inureto the benefitof its heirs administrators representatves and successors in interest of the parties hereto This lease supersedes any priorlease upon the subjectpremisesexecutedby the partiesor their successorsin interest

Subsection 1307 Severability Clause

In the eventthat any provisionof this Agreementis found by a competentCourt or agencyto be unconstitutionalorviolativeof any federalor statelaw rule regulationor order suchfindingsshallaffectonly suchprovisionandall remainingprovisionsofthis Agreement shall remain valid and enforceable

Subsection 13019 Waiver

Any waiverby the LESSORof anybreachof anycovenanthereincontainedto be kept and performedby the LESSEEshall not be deemedor consideredas a continuingwaiver and shallnot operateto baror preventthe LESSORfromdeclaringaforfeitureforany succeeding breach either of the same condition or covenant or otherwise

Josephine 3c unt Airport bile Lease For Private Hangar Derek Reed Page 7 of 8 INWITNESSWHEREOFthe partieshave signedthis LeaseAgreementthe day and year first witen above

LESSOR LESSEE JOSEPHINE COUNTY BOARD OF COMMISSICNERS

at iatICEOMOW n6t v Derek Reed S Cassanelli Clnir 41

70ishOc r Dateoe Sinoo hrcrhair Vice

Dwight F llis Commissioner

Date

APPROVED AS TO FORM

County Lega Counsel

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PAGE d f Continued from age 1 PAGE 2 Building 89 35 06 22D0 0800 89 00

JOSEPHINE COUNTY AIRPORT SITE LEASE FOR PRIVATE HANGAR

THIS AGREEMENT is made this day of 2010 by and between JOSEPHINE COUNTY a political subdivision of the State of Oregon hereinafter called LESSOR an

Trenor Scott 346 Bickford Drive Grants Pass OR 97527 Phone 541 479 9108

hereinafter called LESSEE

IN CONSIDERATION of the mutual terms covenants and conditions herein contained the parties do hereby agree as follows

SECTION 100 MINIMUM STANDARDS RULES AND REGULATIONS

It is expressly understood and agreed between the parties that in addition to the terms covenants and conditions of this Agreement the parties are further subject to and will fully comply with all the terms covenants and conditions contained within the following documents which documents including subsequent amendments are incorporated herein by reference a Minimum Standards for Fixed Base Operators Authorized Operators and Airports Tenants at the Josephine County Airport Grants Pass Oregon adopted by the Board of County Commissioners as Order No 2009 028 dated May 27 2009 b Josephine County Airports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissioners as Order No 2007 058 dated November 21 2007 c Josephine County Airports Policy Operational Guidance Rules and Regulations and d Administrative Policy Regarding Ultralight Operations at Josephine County Airports adopted by the Board of County Commissioners as Order No 20023 dated January 16 2002

LESSEE acknowledges receipt of a copy of said documents

LESSEE further agrees to abide by and comply with all rules and regulations of LESSOR and with all federal state and local laws and ordinances and all the rules and regulations of the State and Federal Aviation Administration now in existence or as subsequently amended

SECTION 230 LEASED PREMISES

LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR the real property depicted in Exhibit A attached hereto and made a part hereof The real property subject to the lease herein is commonly known as Space 89

Subsection 201 Premises Use

It is contemplated that as a part of future development private hangars will be constructed as set forth in the Airport Master Plan as administered by the Josephine County Department of Airports Use of the premises shall be for airport related purposes LESSEE Josephine Cou ity Airport Site Lease For Private Hangar Trenor Scott Page 1 of 8 shall use the premises primarily for storage of aircraft and related supplies LESSEE may chooseto performany service on its own aircraftthe LESSEEis legallyqualifiedto perform LESSEEshall not use the premises for any purpose not authorizedby the MinimumStandards referencedin Section100 hereon Commercialuseof the buildingis not permitted

Subsection 202 Use of Common Areas

LESSEE shall have the right in common with other airport tenants to use common areas of the Airport includingrunways taxiways aprons roadwaysfloodlights landinglights signals and other conveniencesfor the takeoff flying and landing of aircraft owned or operated by LESSEE

SECTION 300 CONSIDERATION TERMS

Subsection 301 Rental Payments

In conformancewith the Josephine CountyAirports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissioners as Order No 2007058 dated November 21 2007 LESSEE shall pay LESSOR as a base rental fee for the land leased a sum not less than 70204 per year Said amount is due annually on January 2 Rental for the first year will be prorated as of the date of execution of this lease The rental payments shall be increased each January 1 after the execution of this Lease Said annual increase shall be based upon and consistent with the Portland Oregon Consumer Price Index LESSOR will give written notice by mail or by personal delivery of the rent increase at least thirty 30 days prior to the effective date of the increase

Subsection 302 Lease Term

The term of this Agreement shall commence on the 1st day of May 2009 and continue until April 30 2019 unless earlier terminated as otherwise provided herein

Subsection 303 Administrative Charges and Late Payments

If any payment is not received by the LESSOR by January 2nd of each calendar year LESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment due in addition to any rent payments then due Said charge shall be considered part of rent Payments not received in full within thirty 30 days of the due date shall at LESSORs discretion constitute a breach of this Agreement and LESSOR shall have the right to terminate this Agreement

Subsection 304 Option To Renew

If the LESSEE is not in default hereunder upon the termination of the original term hereof LESSEE shall have the option to renew this Lease for an additional ten 10 year period by giving the LESSOR written notice of same not less than one hundred and eighty 180 days prior to the last day of the original term hereof Provided however that the terms and conditions for the extended period shall be subject to renegotiation by the parties hereto and shall be agreed upon mutually before said extended term shall commence In the event that the parties are unable to mutually agree on the terms and conditions for said extended term this lease shall terminate on the date specified herein

Josephine C iu ity Airport Site Lease For Private Hangar Trenor Scott Page 2 of 8 SECTION 400 TRANSFER

Subsection 4 Sale or Transfer of Improvements

The lease hereunderwill remain in full force and effect and LESSEEmust complywith all terms ano conditions hereof unless and until the buyer of the improvements described in Subsection402 below executesa new leaseof the subjectreal propertywith LESSOR Upon the execution of such a new lease the lease herein is terminated and the obligations and responsibilities between LESSOR and LESSEE named herein are terminated

Subsection 402 Improvements at Lease Termination

Upor termination of this lease LESSEE shall have so long as LESSEE is not in default under this lease an option relating to any improvement fixture building or structure placed upon the leased site by LESSEEduring the term of this lease includingextendedterms during the life of the improvements to sell said improvementsto any buyer qualified and able to enter into a lease of the subject site with LESSOR as determined by mutual agreement between said buyer and LESSOR or 10remove from the leased site all said improvementswithin sixty 60 days following the lease termination and restore the premises to its original condition Any improvement fixture building or structure remaining upon the leased premisessixty 60 days following the lease termination shall be and remain the property of the LESSOR Josephine County

SECTION 530 LIABILITY INSURANCE TAXES INDEMNIFICATION

Section 501 Comprehensive General Liability Insurance

At all times during the term hereof the LESSEE will at the LESSEEs own expense keep in effect and deliver to the LESSOR liability insurance policies in form and with an insurer satisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEE against all liability for damage to persons or property in upon or about the premises The amount of such insurance shall be not less that 100000 for injury to one person not less than 500000 for injuries to all persons arising out of any single incident and not less than 100000 for damage to property or a combined single limit of not less than 500000 It shall be the responsibility of LESSEE to purchase casualty insurance with extended coverage so as to insure any structure on the premises against damage caused by fire or the effects of fire smoke heat means of extinguishment etc or any other means of loss It shall be the responsibility of the LESSEE to insure all of the LESSEEs belongings upon the premises of whatsoever nature against the same With respect to these policies LESSEE shall cause the LESSOR to be named as an additional insured party

The documents showing current insurance and endorsements must be current and on file with the JosephineCounty Risk Manager and the Airport Director

Josephine C ju ity Airport Site Lease For Private Hangar Trenor Scott Page 3 of 8 It is farther understood that LESSOR reserves the right in the future as the law and circumstances are subject to change to require an increase in said bodily injury and property damage insurance limits

Section 502 Property Taxes

LESSEE shall assume and pay all taxes and assessments that may be due on the improvement on the leased property including the personal property used by the LESSEE in its operation

Subsection 503 Indemnification

Notwithstanding anything herein to the contrary LESSEEs use of the subject premises shall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save hold harmless and indemnify LESSOR from any such cost or expense

LESSEE agrees 10 and shall indemnify and hold LESSOR harmless against any and all claims and demands arising from the negligence of the LESSEE LESSEEs officers agents invitees andor employees as well as those arising from LESSEEs failure to comply with any covenant of this lease on LESSEES part to be performed and shall at LESSEEs own expense defend the LESSOR against any and all suits or actions arising out of such negligence actual or alleged and all appeals therefrom and shall satisfy and discharge any judgment which may be awarded against LESSOR in any such suit or action

SECTION 630 MAINTENANCE AND UTILITIES

LESSOR shall be responsible for all maintenance of airport common ground with the exception of the exterior ground three 3 feet wide immediately surrounding the building LESSEE shall maintain the exterior of the hangar including paint and keep the grass and brush cut on those three feet of ground surrounding the building LESSEE shall be responsible for the installation and structural maintenance of the asphalt apron from the building to taxi lane interior ground water electricity and sewer charges and garbage collection charges used on or incurred anywhere in or about the leased premises and LESSEE shall pay said charges made by the suppliers thereof promptly when due The LESSEE shall remove from the airport and otherwise dispose of in an approved manner all garbage debris and other waste material whether solid or liquid arising out of LESSEEs occupancy of the premises The LESSEE shall keep and maintain the leased premises in a neat and orderly manner LESSEE may not store or deposit material containers or any other item of any description in any area surrounding the hangar nor permit or give permission to any other party to store or deposit any such items Any items stored or deposited in violation of this provision may be removed and disposed of by LESSOR or LESSORs agents at LESSEEs expense

Section 601 Premises Inspection

LESSOR reserves the right to inspect LESSEEs improvements for condition and appearance in accordance with airport standards for maintaining clean safe and attractive facilities at the airport Items considered will include but not be limited to siding and exterior finish roofing doors and structuralsoundness LESSEEshall keep and maintainthe building in good repair and promptly repair any unsightly damage or deterioration If LESSEE fails to make the repairs within a specified period the LESSOR shall have the right to terminate this Agreement

Josephine CoLnty Airport Site Lease For Private Hangar Trenor Scott Page 4 of 8 SECTION 700 FUTURE REQUIREMENTS

This lease shall be subordinateto the provisionsof any existing or future agreementbetween Josephine County and the United States relative to the operation and maintenance of the Airport the executionof which has been or may be requiredas a conditionprecedentto the receipt and expenditure of federal funds for the developmentof the Airport properties

SECTION 800 WAR OR NATIONAL EMERGENCY

This lease shallfurther be subordinateto the right of the LESSORduringthe time of war or any national emergency to lease or surrender the subject premises or any part thereof to the United States Government for military or naval use and if any such lease is made the provisions of this lease shall be suspended

SECTION 900 HAZARDOUS SUBSTANCES

The LESSEE represents and warrants to the LESSOR that the LESSEEs use of the Property will be in full compliancewith all federal state and local statutes ordinances rules regulations and other laws pertaining to Hazardous Substances as hereafter defined The LESSEE agrees to hold harmless indemnify and defend the LESSOR from and against any claim demand penalty fee lien damage loss expense or liability resulting from i any breach of the representations or warranties made by it in this paragraph including attorneys fees and costs of or in preparation for any administrative or judicial proceeding or appeal review and ii the contamination by Hazardous Substances of the leased premises or any other properties directly or indirectly esultiingfrom any activities of or associated with the use of the leased premises As used nerein the term Hazardous Substances shall mean any hazardous toxic or dangerous substance waste or material that is or may become regulated under any federal state or local statute ordinance rule regulation or other law now or hereafter in effect pertaining to environmental protection contamination or cleanup including without limitation the ComprehensiveEnvironmental Response Compensation and Liability Act 42 USC 9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq the Federal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42 USC 2001 et seq and amendments thereto

SECTION 1000 FIRE PREVENTION

LESSEE shall exercise due diligence and reasonable care and caution to prevent and control fires on the airport and to that end shall a Have available suitable fire extinguishers in accordance with rules and regulations as set forth by the State or County Fire Marshal to Store any flammables in suitably protected containers in accordance with rules and regulations as set forth by the State or County Fire Marshal and c Comply with all state county and city fire regulations when using flammable liquids and materials on airport property

SECTION 1 ASSIGNMENT AND SUBLETTING

This agreement is personal to the LESSEE and no assignment or subletting is permitted in this agreement in whole or it part without the express written consent of LESSOR

Josephine County Airport Site Lease For Private Hangar Trenor Scott Page 5 of 8 SECTION 1200 DEFAULT

Inthe evert that LESSEEfailsto complywith the termsand provisionsofthis LeaseAgreement or failsto complywithanyreasonablerequestordirectionofthe LESSORarisingoutof the termsand provisionsofthis LeaseAgreementthen the said LESSEEshallbe deemedin defaultofthisAgreementIfsaiddefaultcontinuesformorethanthirty30 daysafternoticeof sameto LESSEELESSORmayterminatethisLeaseAgreementandreenter andrepossess said premisesand facilities thereon and hold the same

SECTION 100 MISCELLANEOUS

Subsection 1301 Hangar Construction Plansforallhangarstobeconstructedontheleasedpropertymustbeapprovedbythe Josephine County Building Safety Department before construction is begun Commercially constructedindividualhangarsandstructuresconstructedonthesitewillbepermittedprovided theycomplywiththespecificationsapprovedbytheAirportDirectorasdefinedwithintherules andregulationsforconstructionofprivatehangarsandbuildingsonleasedlandattheAirport and meet the requirements of the Building Safety Department Construction must be initiated within90daysaftertheleaseissignedandthehangarmustbecompletedwithin180daysfrom thedateofexecutionoflease Delaysinconstructionwhichmightcausethecompletiondateto extendbeyondthespecifiedperiodshouldbereferredtotheAirportDirectorforconsideration since failure to meet these dates will be cause for termination of the lease

Subsection 1302 Construction Liens TheLESSEEduringtheconstructionofanyimprovementupontheleasedpremises shallsecurea waiverof liensasto all materialmenlaborersorsuppliersfurnishingorsupplying materialsoraborfortheconstructionofsaidhangar Saidlienwaiversshallbefurnishedtothe AirportDirectorpriortoanydeliveriesbeingmadeuponsaidpremisesandpriortoanyworkor laborbeingperformedItshallbetheobligationofeachindividualLESSEEtosecurethelien waiverspriortothepermittingofanylabormaterialsoranyconstructionbyanypersonsfirms or any corporations IntheconstructionofthehangarbuildingtheLESSEEandLESSEEsagentssuppliers andworkmenshallfullyandcompletelycomplywithallFAA requirementsassetforthinthe guidelinesforleasesoragreementsgrantingcommercialfranchisestoairportsaffectedby federal agreements dated April 1981 and as hereafter amended All the provisions of that federalagreementshallbeanintegralpartofadoptedinandincorporatedintoanyconstruction agreementand this LeaseAgreement

Subsection 1303 Attorn Ys Fees InanyactionbroughtbyeitherpartyunderthisAgreementoranyappealthereofthe prevailingpartyshallbeentitledtorecoverinterestcostsandreasonableattorneysfees

Subsection 1304 Arbitration Anydisputebetweenthepar regardingthetermsofthisleaseshallbesubmittedto binding arbitration for resolution Absentagreementupona singlearbitratoreachpartyshall selectanarbitratorandthearbitratorssoselectedshallappointathirdarbitratorandthe panel of three arbitrators so selected shall arbitrate a resolution

6 of 8 Josephine Ceu ity Airport Site Lease For Private Hangar Trenor Scott Page The parties by mutual agreement may determine the rules for the conduct of the arbitration proceedings Absent agreement the Oregon Uniform Trial Court Rules together with the supplemental trial court rules of Josephine County applicable to arbitration shall be applicable to Theproceeding

Nothing in this section shall be construed to preclude this matter being submitted to mediation or other alternate dispute resolution program or proceeding

Subsection 1305 Notices

Any notice required by the terms of this lease to be given by one party hereto to the other shall be sufficient r in writing contained in a sealed envelope and hand delivered or sent first class mail with postage prepaid as follows

TO LESSOR TO LESSEE Josephine County Dept of Airports Trenor Scott 1441 Brookside Blvd 346 Bickford Drive Grants Pass OR 97526 Grants Pass OR 97527

Subsection 1306 Binding Effect

Subsection 1307 Severability Clause

Subsection 1309 Waiver

Any waiver by the LESSOR of any breach of any covenant herein containedto be kept and performed by the LESSEE shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the LESSOR from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise

Josephine C nu ity Airport Site Lease For Private Hangar Trenor Scott Page 7 of 8 IN WINESS WHEREOFthe parties have signedthis LeaseAgreementthe day and year first wr tten above

LESSOR LESSEE JOSEPHINE COUNTY BOARD OF COMMISSIONERS

ZROgIVEXElitCCONAK Trenor Scott S Cassane Chi li i

Date Simon G IIre Vice Chair

Dwight F 111 is Commissioner

Date

APPROVED AS TO FORM

County Legal Counsel

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q 304447 78 35506 2 2 D0 000210 EXHIBIT i Maintenance Bldg L PAGE Z o F BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON

In the Matter of Authorization of Execution of Lease Agreement with ORDER NO 2011 008 Robert Caravas dba Aero Welding for lease of County Property at the Grants Pass Airport

WHEREAS ORS 27136 requiresthat every leaseenteredinto by Josephine CountyofitsrealpropertypursuanttoORS271310 shallbeauthorizedbyorderofthe governing body executingthe lease NOW THEREFORE IT IS HEREBYORDEREDthat the Board of County CommissionersforJosephineCountyauthorizestheexecutionof a leaseagreementa copyofwhichisattachedheretowithLesseeRobertCaravasdbaAeroWeldingforlease of countypropertyattheGrantsPassAirportCommercialGroundLease

DONE AND DATED this day of 2011

JOSEPHINE COUNTY BOARD OF COMMISSIONERS

S Cassanelli Chair

Simon G Hare Vice Chair

Dwight F Ellis Commissioner

ORDER NO 2011 008 Building 4 35 06 26 B0080 00400

JOSEPHINE COUNTY AIRPORT COMMERCIAL GROUND LEASE

THIS EASE AGREEMENT is made this day of 201f byand betweenJOSEPHINECOUNTYa politicalsubdivisionoftheStateof Oregon hereinaftercalled LESSOR and

Robert Caravas dba Aero Welding 384 Oakmont Drive Grants Pass OR 97526 Phone 541 4792771

hereinafter called LESSEE

IN CONSIDERATION of the mutual terms covenants and conditions herein contained the parties dc hereby agree as follows

SECTION 100 MINIMUM STANDARDS RULES AND REGULATIONS

a Minimum Standards for Fixed Base Operators Authorized Operators and Airports Tenants at the Josephine County Airport Grants Pass Oregon adopted by the Board of County Commissioners as Order No 2009028 dated May 27 2009 b Josephine County Airports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissioners as Order No 2007058 dated November 21 2007 c Josephine County Airports Policy Operational Guidance Rules and Regulations and d Administrative Policy Regarding Ultralight Operations at Josephine County Airports adopted by the Board of County Commissioners as Order No 20023 dated January 16 2002

LESSEE acknowledges receipt of a copy of said documents

LESSEEfurtner agrees to abide by and comply with all rules and regulationsof LESSOR and with all federal state and local laws and ordinances and all the rules and regulationsof the State and FederalAviation Administration now in existence or as subsequently amended

SECTION 230 DESIGNATION OF LESSEE

LESSEE s hereby designated as an Authorized Operator at the Josephine County Grants PassAirport as to the premises and facilities subject to this Agreement LESSEEshall comply with the requirements of Category I of the Minimum Standards document and be limited to the activities allowed for such categories in the Minimum Standards

Category I Authorized Operator

Josephine Cou ity Airport Commercial Griund Lease Page 1 of 9 LESSEE as an AuthorizedOperatorunder CategoryI shall be limitedto activities of aircraft welding and metal fabrication

LESSEEmaychooseto qualifyfor andcomplywiththe followingFBOcategoriesasdescribed in the Minimum Standards document

Category A Flight Instruction and Aircraft Rental Category B Aircraft Charter and Taxi Category C Crop Dusting and Spraying Category D Aircraft Sales Category E Aircraft Engine Propeller and Accessory Maintenance Category F Radio and Electronics Equipment Category G Sale of Aviation Petroleum Products and Ramp Service Category H Flying Clubs

In the event LESSEE opts to provide any of the foregoing services by categories LESSEE shall notify LESSORof such intent in writing and may proceed with same upon meeting all requirements of the Minimum Standards document applicable thereto to the satisfaction of the LESSORorLESSORsagent anduponLESSORsconsenttothe termsandconditionsrelating to the additional Categories

SECTION 300 LEASED PREMISES

LESSOR hereby leases to LESSEE and LESSEE hereby agrees to lease from LESSOR the real property described in Exhibit A attached hereto and made a part hereof Use of the leased premises shall be for airport related purposes consistent with the minimum standards airportlayout plan and FederalAviationAdministrationgrant assurances

Subsection 301 Use of Common Areas

LESSEE shall have the right in common with other authorized Fixed Base Operators and airport tenants to use common areas of the Airport including runways taxiways aprons roadways floodlights landing lights signals and other conveniences for the takeoff flying and landing of aircraft of LESSEE

SECTION 400 CONSIDERATION AND TERM

Subsection 401 Rental Payments

in conformance with the Josephine County Airports Rates and Charges Policy for Use at the Josephine County Airports adopted by the Board of County Commissioners as Order No 2007058 dated November 21 2007 LESSEE shall pay LESSOR as a base rental fee for the subject real property a sum not less than 22544 per monthon or beforethe tenth 10 day of each month during the term of this agreement The rental payments shall be increased each January 1 after the execution cif this Lease Said annual increase shall be based upon and consistent with the increase of the Portland Oregon Consumer Price Index LESSOR will give written notice by mail or by personal delivery of the rent increase at least thirty 30 days prior to the effective date of the increase

Josephine Couity Airport Commercia Ground Lease Page 2 of 9 Subsection 402 Lease Term

The term of this Agreement shall commence on the 1st day of December 2008 and continuefor a ten 10 year period until the 30 day of November 2018 unless sooner terminated as otherwise provided herein

Subsection 403 Administrative Charges and Late Payments

If any payment is not received in full by the LESSOR by the 10th of each month LESSEE shall pay LESSOR an administrative charge of nine 9 percent of the payment due in addition tc any rent payments then due Said charge shall be considered part of rent Paymentsnot receivedin full within ten 10 days of the due date shall at LESSORs discretion constitute a breach of this Agreement and LESSOR shall have the right to terminate this Agreement

Subsection 404 Option To Renew

If the LESSEE is not in default hereunder upon the termination of the original term hereof LESSEEshall have the optionto renewthis Leasefor an additionalTen 10 year period by giving the LESSORwritten notice of same not less than one hundred and eighty 180 days prior to the last day of the original term hereof Providedhowever that the terms and conditions for the extended period shall be subject to renegotiations by the parties hereto and shall be agreed upon mutuallybefore said extendedterm shall commence In the event that the parties are unable to mutually agree on the terms and conditions for said extended term this lease shall terminate on the date specified herein

SECTION 500 OPERATION FOR THE BENEFIT OF THE PUBLIC

Subsection 501 Operations Generally

LESSEE shall at all times during the term of this Agreement or any renewal or extension hereof conduct operate and maintain for the benefit of the public an aviation Fixed Base Operation consistentwith the Minimum Standards rules and regulationsreferenced in Section 100 herein

Subsection 502 Compliance With FAA Provisions

A The LESSEE as part of the considerationhereof does hereby covenant and agree that 1 no personon the groundsof race color gender religion or nationaloriginshall be excludes from participation in denied the benefits of or be otherwise subjected to discrimination in the use of said facilities 2 in the construction of any improvements on over or undersuch land and the furnishingof servicesthereon no personson the groundsof race color gender religion or national origin shall be excludedfrom participationin denied the benefitsof or otherwisebe subjectedto discrimination and 3 that the LESSEEshall use the premisesin compliancewithall otherrequirementsimposedbyor pursuantto Title49 Codeof the FederalRegulationsDepartmentofTransportationSubtitleA Officeof the SecretaryPart 21 NondiscriminationinFederallyAssistedProgramsofthe DepartmentofTransportationand as said Regulations may be amended

B In the event of breach of any of the preceding non discrimination covenants LESSOR shall have the right to terminate the Lease

Josephine County Airport Commercial Gound Lease Page 3 of 9 C It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308 of the Federal AviationAct of 1958 or for aeronauticalactivitiesand any other activity whichbecauseof its directrelationshiptotheoperationoftheaircraftcanbe regardedasanaeronauticalactivity

Subsection 6 00 REVENUE

All revenueoeriveclfromLESSEEsoperationshallbe the propertyof the LESSEEexceptas otherwise provided herein

SECTION x00 LIABILITY INSURANCETAXESINDEMNIFICATION

Subsection 701 Comprehensive General Liability Insurance At all times during the term hereof the LESSEEwill at the LESSEEs own expense keep in effect and deliver to the LESSOR liabilityinsurancepolicies in form and with an insurer satisfactory to the LESSOR Such policies shall insure both the LESSOR and the LESSEE against all liability for damage to persons or property in upon or about the premises The amount of such insurance shall be not less that 1 million for injury to one person not less than 1 millionfor injuriesto all personsarisingout of anysingleincident and not lessthan 100000 for damage to property or a combined single limit of not less than 1 million It shall be the responsibility of LESSEE to purchase casualty insurance with extended coverage so as to insure any structure on the premises against damage caused by fire or the effects of fire smoke heat means of extinguishment etc or any other means of loss It shall be the responsibilityof the LESSEEto insure all of the LESSEEs belongingsupon the premises of whatsoever nature against the same With respect to these policies LESSEE shall cause the LESSORto he named as an additionalinsuredparty

The oocuments showing current insurance and endorsements must be current and on file with the Josephine County Risk Manager and the Airport Director

It is further understood that LESSOR reserves the right in the future as the law and circumstancesare subject to change to require an increase in said bodily injury and property damage insurance limits

Subsection 702 ProperljTaxes

LESSEE shall at its own expense pay all taxes and assessments against LESSEEs personal property and any improvement or structure used by LESSEE in its operation

Subsection 703 Indemnification

Notwithstandinganything herein to the contrary LESSEEs use of the subject premises shall not result in any cost or expense to LESSOR whatsoever and LESSEE shall save hold harmless and indemnify LESSOR from any such cost or expense

LESSEE agrees to and shall indemnifyand hold LESSOR harmless against any and all claims and demands arising from the negligence of the LESSEE LESSEEs officers agents inviteesandor employees as well as those arising from LESSEEs failure to complywith any covenant of this lease on LESSEEs part to be performed and shall at LESSEEs own expense defend the LESSOR against any and all suits or actions arising out of such negligence actual or

Josephine County Airport Commercial rr and Lease Page 4 of 9 allegedandallappealstherefromandshallsatisfyanddischargeanyjudgmentwhichmaybe awarded against LESSOR in any such suit or action

SECTION 800 TRANSFER

Subsection 801 Sale or Transfer of Improvements

LESSEEshall not sell assign transfer pledge or sublet or in any way encumberthe premisessubject to this lease or any rights or privilegesconferredby this lease without the express written consent of LESSOR However if LESSEEdesires to sell the improvementsas describedin subsection802 below the buyerof said improvementsmustqualifyfor meetthe requirements of and enter into a new lease with the LESSOR

The leasehereunderwillremainin full forceandeffectand LESSEEmustcomplywith all terms and conditionshereof unless and until the buyer of the improvementsdescribedin subsection802 below executesa newleaseof the subjectreal propertywithLESSOR Upon the executionof such a new lease the lease hereinis terminatedand the obligationsand responsibilities between LESSOR and LESSEE named herein are terminated

Subsection 802 Improvements At Lease Termination

Upon termination of this lease LESSEE shall have the option so long as LESSEE is not in default under this lease relatingto any improvement fixture building or structure placed upon the leased premisesby LESSEEduring the term of this lease includingextendedterms during the life of the improvements to sell said improvementsto any buyer qualified and able to enter into a leaseof the subjectpremiseswith LESSOR as determinedby mutualagreement between said buyer and LESSOR or to remove from the leased premises all said improvementswithinsixty60 daysfollowingthe leasetermination and restorethe premisesto its originalcondition Any improvement fixture building or structureremaininguponthe leased premisessixty 60 days followingthe leasetermination shall be and remainthe propertyof the LESSOR Jcsephine County

SECTION 900 UTILITY PAYMENTS

LESSEEshall provideand pay for all light gas electricalcurrent water sewerchargesand garbage collection charges used or incurred anywhere in or about the leased premises and LESSEEsnail paythe chargesmadethereforeby the suppliersthereofpromptlywhen due

SECTION 1000 FUTURE REQUIREMENTS

This lease snail be subordinate to the provisions of any existing or future agreement between Josephine County and the United States relative to the operation and maintenance of the Airport the execution of which has been or may be required as a condition precedent to the receipt and expenditure of federal funds for the development of the Airport properties

SECTION 1 00 WAR OR NATIONAL EMERGENCY

Thisleasesnailfurtherbe subordinatetothe rightof the LESSORduringthetime of war or any other nationalemergencyto lease or otherwisesurrenderthe landingarea or any partthereofto the United States Governmentfor military or naval use and if such lease is made the provision of this Lease shall be suspended

Josephine C ou ity Airport Commercia around Lease Page 5 of 9 SECTION 12 00 HAZARDOUS SUBSTANCES

The LESSEE represents and warrants to the LESSOR that the LESSEEs use of the Property will be in full compliance with all federal state and local statutes ordinances rules regulations and other laws pertaining to Hazardous Substances as hereafter defined The LESSEE agrees to hold harmless indemnify and defend the LESSOR from and against any claim demand penalty fee lien damage loss expense or liability resulting from i any breach of the representations or warranties made by it in this paragraph including attorneys fees and costs of or in preparation for any administrative or judicial proceeding or appeal review and ii the contamination by Hazardous Substances of the leased premises or any other properties directly or indirectly resulting from any activities of or associated with the use of the leased premises As used herein the term Hazardous Substances shall mean any hazardous toxic or dangerous substance waste or material that is or may become regulated under any federal state or local statute ordinance rule regulation or other law now or hereafter in effect pertaining to environmental protection contamination or clean up including without limitation the Comprehensive Environmental Response Compensation and Liability Act 42 USC 9601 et seq the Resource Conservation and Recovery Act 42 USC 6901 et seq the Federal Water Pollution Control Act 33 USC 1257 et seq and per the Clean Air Act 42 USC 2001 et seq and amendments thereto

SECTION 1300 FIRE PREVENTION

LESSEE shall exercise due diligence and reasonable care and caution to prevent and control fires on the airport and to that end shall a Have available suitable fire extinguishers in accordance with rules and regulations as set forth by the State or County Fire Marshal b Store any flammable s in suitably protected containers in accordance with rules and regulations as set forth by the State or County Fire Marshal and c Comply with all state county and city fire regulations when using flammable liquids and materials on airport property

SECTION 1400 DEFAULT

In the event that the LESSEE fails to comply with the terms and provisions of this Lease or fails to comply with a reasonable request or direction of the LESSOR arising out of the terms and provisions of this Lease then the said LESSEE shall be in default If said default continues for more than thirty 30 day after notice of said default the LESSOR may terminate the Lease and re enter and repossess said premises and facilities thereon and hold the same

SECTION 1500 MISCELLANEOUS

Subsection 1501 Hangar Construction

Plans for all hangars to be constructed on the leased property must be approved by the Josephine County Building Safety Department before construction is begun Commercially constructed individual hangars and structures constructed on the site will be permitted provided they comply with the specifications approved by the Airport Manger as defined within the rules and regulations for construction of private hangars and buildings on leased land at the Airport and meet the requirements of the E3uilding Safety Department Construction must be initiated within 90 days after the lease is signed and the hangar must be completed within 180 days from

Josephine County Airport Commercial Gr ound Lease Page 6 of 9 the date of execution of lease Delays in construction which might cause the completion date to extendbeyondthe specifiedperiodshouldbe referredto the AirportManagerfor consideration since failure to meet these dates will be cause for termination of the lease

Subsection 1502 Construction Liens

The LESSEE during the construction of any improvement upon the leased premises shall secure a waiver of liens as to all materialmen laborers or suppliers furnishing or supplying materialsor labor for the constructionof said hangar Said lien waivers shall be furnished to the airportmanagerpriorto any deliveriesbeingmadeuponsaidpremisesand priorto anywork or labor being performed It shall be the obligation of each individual LESSEE to secure the lien waiversprior to the permittingof any labor materials or any constructionby any persons firms or any corporations

In the constructionof the hangarbuildingthe LESSEEand LESSEEs agents suppliers andworkmen shallfully andcompletelycomplywith all FAA requirementsasset forth in the guidelinesfor leasesor agreementsgrantingcommercialfranchisesto airportsaffectedby federal agreements dated April 1981 and as hereafter amended All the provisions of that federalagreementshallbean integralpartof adoptedinandincorporatedintoanyconstruction agreement and this Lease Agreement

Subsection 1503 Maintenance of Premises

The LESSEE shall remove from the airport and otherwise dispose of in an approved manner all garbage debris and otherwaste materialwhether solidor liquid arisingout of LESSEEs occupancy of the premises or out of LESSEEs operations including all common areasshare bythe LESSEEwithotherairporttenants The LESSEEshallkeepandmaintain the leased premisesin a neat and orderly manner includingall commonareas shared by LESSEE LESSEE shall keep the grass and brush cut Any garbage debris or waste which may be temporarilystoredin the openshall be keptin suitablegarbageorwastereceptacles the same to be made of metal and equippedwith tight fitting covers and to be of a design to containsafelyand properlywhatevermaybe placedtherein The LESSEEshalluseextreme care when effecting removal of all such waste

LESSOR reserves the right to inspect LESSEEs improvementsfor condition and appearancein accordancewithairportstandardsfor maintainingclean safe and attractive facilities at the airport items considered will include but not be limited to siding and exterior finish roofing doorsandstructuralsoundnessLESSEEshallkeepthe buildingingoodrepair and promptly repair any unsightly damage or deterioration Maintenance and repair shall include but is notlimitedto paintingasdirectedby LESSORatthe soleexpenseof LESSEE Failureto makethe repairsand performthe maintenancewithina specifiedperiodshall be sufficient cause for termination of this lease

Subsection 1504 Premises Inspection

LESSORreservestherightto enteruponthe premisesleasedat all reasonabletimes after reasonablenotice for the purposeof makingsuch inspectionsas LESSORmay deem expediemit orderto insuretheproperenforcementnotonlyof theMinimumStandardsbut also for the enforcement of any covenant or condition of the LESSEEs Lease agreement herein Emergencyinspectionsmay be done without notice

Josephine Jaunty Airport Commercial G Lease Page 7 of 9 Subsection 1505 Lessee Independent Contractor

For all the purposeshereunderit is mutuallyagreedthat nothingcontainedhereinshall be deemedor construedto constitutea partnershipjoint venture or agencyrelationship between the parties to this Lease

Subsection 1506 Notices

Any noticerequiredby the terms of this leaseto be given by one party heretoto the other shall be sufficient if in writing contained in a sealed envelope and sent first class mail with postage prepaid as follows

TO LESSOR TO LESSEE Josephine County Dept of Airports Robert Caravas 1441 Brookside E3lvd dba Aero Welding Grants Pass OR 97526 384 Oakmont Dr Grants Pass OR 97526

The parties agree that the place of mailing of notices may be changed from time to time however al such changes of address must be in writing and sent by certified mail to the addressee designated herein

Subsection 1507 Attorneys Fees

In any action brought by either party under this Agreement or any appeal thereof the prevailingparty shall be entitledto recoverinterest costs and reasonableattorneys fees

Subsection 1508 Arbitration

Any dispute between the parties regarding the terms of this Lease shall be submitted to binding arbitration for resolution Absent agreement upon a single arbitrator each party shall select an arbitratorand the arbitrators so selected shall appoint a third arbitrator and the panel of three arbitrators so selected shall arbitrate a resolution

The parties by mutual agreement may determine the rules for the conduct of the arbitration p oceeding Absent agreement the rules of the Oregon Uniform Trial Court Rulesfor Arbitration together with local trial court rules for Josephine County shall be applicable to the proceedings

Nothing in this subsection shall be construed to preclude this matter being submitted to mediation or other agreed upon alternate dispute resolution program or proceeding

Subsection 1509 BindingEffect

This Agreement shall be binding upon and inure to the benefit of the heirs assigns administrators representativesand successors in interest of the parties hereto

Subsection 1510 Severability Clause

In the event that any provision of this Agreement is found by a court of competent jurisdiction to be unconstitutional or violative of any federal or state law rule regulation or

Josephine County Airport Commercial G ound Lease Page 8 cf 9 order such finding shall affect only such provision and all remaining provisions of this Agreement shall remain valid and enforceable

Subsection 1511 Waiver

Any waiver by the LESSOR of any breach of any covenant herein containedto be kept and performed by the LESSEE shall not be deemed or considered as a continuingwaiver and shall not operate to bar or prevent the LESSOR from declaring a forfeiture for any succeeding breach eittler of the same condition or covenant or otherwise

IN WITNESE WHEREOF the parries have signed this COMMERCIAL GROUND LEASE agreement the day and year first above written

LESSOR LESSEE JOSEPHINE COUNTY BOARD OF COMMISSIONERS

Robert Caravas dba Aero Welding S Cassarnelli 77 Date Simon C ire Vice Chair

Dwight F I11 is Commissioner

Date

APPROVED AS TO FORM

County Legal Counsel

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80500 0626BO C30301 EXHIBIT 4 Inventory Car Le found at S Assess Appraise Coml Coml C5 Airports i PAGE ZO Z PAGE 1 w Josephine County Oregon Board of Commissioners Dwight F Ellis S Cassanelli Simon Hare

Er Board Assistant Use Only Board of County Commissioners Meeting date 1A Q WEEKLY BUSINESS SESSION 414 c p5 AGENDA PLACEMENT REQUEST Agenda Item

Date submitted

Agenda Title Cooperative Improvement Agreement 27183 with the Oregon Department of Transportation 7P1

Note If hdniance Resolutr n Order or Proclamation provide exacttitle For all othersubmissionsprovide a clearly v rnan itle For contends provide contract type ie personal services intergovernmental agreement memorandum ofuak standing grant agreement etc

Agenda Date Requested Feb 23 201I Time Requestedmax 10min 5 min Division Program Office Public Works Contact Rob Brandes Phone x4429 Presenters Rob Brandes

General Information

1 What action are you requesting from the Board

Execution of a Cooperative Improvement Agreement 27183 with the Oregon Department of Transportation ODOT for the planned widening realignment project on Highway 238 near Jaynes Dri e

2 Provide sufficient background information for the board and public to understand this issue

3 Previous action if any

4 Explain the fiscal impact current year and ongoing None Grants and contracts None Term of contract agreement Duration of the project Estimated time 9 months Competitive Bid None Match requirement None Overhead costs allowable None Other parties to the agreement names title ODOT Jayne Randleman ODOT Region 3 Project Coordinator Grant or contract administrator

Josephine tnui ty is an Affnrmati e Actionlqual Opportunity Employer and complies with Section 504 of the Rehabilitation Act of 1973 Impact to the County when agreement terminates None

5 Explain any legal and or policy issues involved

Legal Review Date

6 Explain any citizen and or government participation that has or will take place

7 Advisory Committee Recommendation if applicable

8 List number of documents attached 2 originals 0 copies

9 Return originals to Debbie Horton Public Works

Required Signatures

Elected Official 4 Division Program Manager 7 Date 2

Chief Operating Officer Date

Chief Financial Officer Date If agenda item has financial impact

Board Assistant Use Only

Record in Board of Commissioners Journal

Record in County Book of Records Misc Contractsand Agreements No 27123

COOPERATIVE IMPROVEMENT AGREEMENT OR 238 @ Jaynes Drive THISAGREEMENTismadeandenteredintobyandbetweentheSTATEOFOREGON actingby and through its Departmentof Transportationhereinafterreferredto as State and JosephineCounty actingby and through its elected officials hereinafterreferredto asAgency bothhereinreferredtoindividuallyorcollectivelyasParty orParties

RECITALS

1 OregonRoute238OR 238 JacksonvilleHighwayisa partof thestatehighway system under the jurisdiction and control of the Oregon Transportation Commission OTC ShoreStreet is a part of the countyroad system underthe jurisdictionand control of Agency

2 By the authoritygrantedin Oregon RevisedStatuesORS 190110 366572 and 366576 State may enter into cooperativeagreementswith counties cities and units of localgovernmentsforthe performanceofwork on certaintypesof improvement projectswiththe allocationofcostson termsandconditionsmutuallyagreeabletothe contracting parties

NOWTHEREFOREthepremisesbeingingeneralasstatedintheforegoingRecitalsit is agreed by and between the Parties hereto as follows

TERMS OF AGREEMENT

1 Under such authority State and Agency agree to fund design and construct improvementsto OR 238 at Jaynes Drive includingwideningthe highwayto accommodate a leftturn lane and an overlay of the project area and move a residentialaccessfromHwy238to JaynesDrive hereinafterreferredtoas Project The locationof the Projectis approximatelyasshownon the sketchmap attached hereto marked ExhibitA and by this referencemade a part hereof

2 The Project will be financed at an estimated cost of 1800000 in Federal and State funds The estimate for the total Project cost is subject to change State shall be responsible for Project costs beyond the estimate

3 This Agreementshall becomeeffective on the date all requiredsignaturesare obtained The Projectshallbe completedwithinten 10 calendaryearsfollowingthe date of final execution of this Agreement by both Parties

AGENCY OBLIGATIONS

1 Agencyshall donateall necessaryproperty in fee permanenteasementsand temporary easements needed to complete the Project to State in accordance with States Region3 and statewideright of way policiesand procedures Further Agencyshall not receivecompensationforany realpropertydamagedby the

Key Number 14991 Agency State Agreement No 27123

alignmentAgencywillbeeligibletoreceiverelocationbenefitsforanypersonal propertylocatedwithinthe donatedrightof way that must be relocateddue to the ProjectinaccordancewithStatesRegion3andstatewiderightofwaypoliciesand procedures

2 AgencyshallgrantaccessinperpetuityforTownship37SouthRange5West Section7 TaxLot303 WM aka as 4911WilliamsHighwayGrantsPass ORto Shore Street

3 Agencyacknowledgestheeffectandscopeof ORS105755andagreesthatall actsnecessarytocompleteconstructionofthe Projectwhichmayalteror change the gradeof existingcountyroadsarebeingaccomplishedatthe directrequestof the county

4 AgencygrantsStatetherighttoenterontoAgencyrightofwayfortheperformance of duties as set forth in this Agreement 5 Agencycertifiesandrepresentsthatthe individuals signingthisAgreementhas beenauthorizedtoenterinto and executethisAgreementonbehalfof Agency under the direction or approval of its governing body commission board officers membersor representativesand to legallybindAgency 6 Agencys ProjectManagerforthis Projectis JonathonMorse201 RiverHeights Way Grants Pass OR 97527 Phone 541 474 5460 Email jmorse@cojosephineorus assigneddesigneeuponindividualsabsence Agency shall notify State in writingof any contactinformationchangesduringthe term of this Agreement

STATE OBLIGATIONS

1 State or its consultant shall conductthe necessaryfield surveys environmental studies traffic investigations preliminaryengineeringand design work requiredto produceand providefinal plans specificationsandcost estimatesforthe highway Project identifyandobtainall requiredpermitsperformallconstructionengineering includingall requiredmaterialstesting and quality documentationprepare all bid and contract documents advertise for construction bid proposals award all contracts pay all contractorcosts providetechnicalinspectionjprojectmanagement services and other necessary functions for sole administration of the construction contract entered into for this Project and maintain the Project area within the State right of way

2 State certifies at the time this Agreement is executed that sufficient funds are availableand authorizedfor expenditureto financecosts of this Agreementwithin States currentappropriationorlimitationofthecurrentbiennialbudget

3 State shall be responsible for all costs associated with construction and installation of the Project

2 Agency State Agreement No 27123

4 State shall cause to be relocated or reconstructed all privately or publicly owned utility conduits lines poles mains pipes and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of the Project in order to conform the utilities and other facilities with the plans and the ultimate requirements for the portions of the Project which are on Agency right of way

5 States Project Manager for this Project Jayne Randleman ODOT Region 3 Project Leader 100 Antelope Road White City OR 97503 541 7746394 or assigned designee upon individuals absence State shall notify Agency in writing of any contact information changes during the term of this Agreement

GENERAL PROVISIONS

1 This Agreement may be terminated by mutual written consent of both Parties

2 State may terminate this Agreement effective upon delivery of written notice to Agency or at such later date as may be established by State under any of the following conditions

a If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof

b If Agency fails to perform any of the other provisions of this Agreement or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms and after receipt of written notice from State fails to correct such failures within ten 10 days or such longer period as State may authorize

c If State fails to receive funding appropriations limitations or other expenditure authority sufficient to allow State in the exercise of its reasonable administrative discretion to continue to make payments for performance of this Agreement

d If federal or state laws regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source

3 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination

4 If any third party makes any claim or brings any action suit or proceeding alleging a tort as now or hereafter defined in ORS 30260 Third Party Claim against State or Agency with respect to which the other Party may have liability the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim process and all legal pleadings with respect to the Third Party Claim Each Party is entitled to participate in the defense of a Third

3 Agency State Agreement No 27123

Party Claim and to defend a Third Party Claim with counselof its own choosing Receipt by a Party of the notice and copies required in this paragraphand meaningfulopportunityfor the Party to participate in the investigation defenseand settlementof the Third PartyClaimwith counselof its own choosingare conditions precedent to that Partys liability with respectto the Third PartyClaim

5 With respect to a Third Party Claim for which the State is jointly liable with the Agency or would be if joined in the Third Party Claim the State shall contribute to the amount of expenses including attorneys fees judgments fines and amounts paid in settlement actually and reasonablyincurred and paid or payable by the Agency in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the Agency on the other hand in connection with the events which resulted in such expenses judgments fines or settlement amounts as well as any other relevant equitable considerations The relative fault of the State on the one hand and of the Agency on the other hand shall be determinedby referenceto among other things the Parties relative intent knowledge access to information and opportunityto correct or preventthe circumstancesresultingin such expenses judgments fines or settlement amounts The States contribution amount in any instance is cappedto the same extent it would have beencapped under Oregonlaw including the Oregon Tort Claims Act ORS 30260 to 30300 if the State had sole liability in the proceeding

6 With respect to a third Party Claim for which the Agency is jointly liable with the State or would be if joined in the Third Party Claim the Agency shall contributeto the amount of expenses including attorneys fees judgments fines and amounts paid in settlementactually and reasonablyincurred and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of the Agency on the one hand and of the State on the other hand in connection with the events which resulted in such expenses judgments fines or settlementamounts as well as any other relevant equitable considerations The relative fault of the Agency on the one hand and of the State on the other hand shall be determinedby reference to among other things the Parties relative intent knowledge access to information and opportunity to correct or prevent the circumstances resulting in such expenses judgments fines or settlement amounts The Agencys contribution amount in any instance is capped to the same extent it would have been capped under Oregon law including the Oregon Tort Claims Act ORS 30260 to 30300 if it had sole liability in the proceeding

7 The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement In addition the Parties may agree to utilize a jointly selected mediator or arbitrator for non binding arbitration to resolve the dispute short of litigation

8 This Agreement may be executed in several counterparts facsimile or otherwise all of which when taken together shall constituteone agreementbinding on all Parties notwithstandingthat all Parties are not signatories to the same counterpart Each copy of this Agreement so executed shall constitute an original

4 Agency State Agreement No 27123

9 This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof There are no understandings agreements or representations oral or written not specified herein regarding this Agreement No waiver consent modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained Such waiver consent modification or change if made shall be effective only in the specific instance and for the specific purpose given The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of hat or any other provision

THE PARTIES by execution of this Agreement hereby acknowledge that their signing representatives have read this Agreement understand it and agree to be bound by its terms and conditions

This Projec is in the 20082011 Statewide Transportation Improvement Program Key 14991 that was approved by the Oregon Transportation Commission on November 14 2007

The Oregon Transportation Commission on December 29 2008 approved Delegation Order No 2 which authorizes the Director to approve and execute agreements for day today operations Dayto day operations include those activities required to implement the biennial budget approved by the Legislature including activities to execute a project in the Statewide Transportation Improvement Program

On Septemoer 15 2006 the Director of the Oregon Department of Transportation approved Subdelegation Order No 2 Paragraph 1 in which authority is delegated to the Deputy Director Highways Deputy Director Central Services and the Chief of Staff to approve and sign agreements over 75000 when the work is related to a project included in the Statewide Transportation Improvement Program or in other system plans approved by the Oregon Transportation Commission such as the Oregon Traffic Safety Performance Plan or in a line item in the biennial budget approved by the Director

5 Agency State Agreement No 27123

JOSEPHINE COUNTY by and through its STATE OF OREGON by and through elected officials its Department of Transportation

Owner Josephine County B By Highway Division Administrator Title Cassbnelli Chair Date

By APPROVAL RECOMMENDED Title Simon Hare Vice Chair By By Technical Services Manager Chief Title Dwi lit F El1iiCommissioner Engineer

Date

Ry APPROVED AS TO LEGAL SUFFICIENCY Region 3 Manager

B Date Counsel By Date f Region 3 Right of Way and Survey Manager Agency Contact Date Rob Brandes Project Manager APPROVED AS TO LEGAL 201 River Heights Way SUFFICIENCY Grants Pass OR 97527 541 474 5460 By rbrandesa cojosephineorus Assistant Attorney General

Date Contact

Jeanette Denn Agreement Coordinator 3500 NW Stewart Parkway Roseburg OR 97470 541 957 3508 Jeanettem denn @odotstateorus

6 Agency State Agreement No 27123

EXHIBIT A Project Location Map

Ta to JT i 1 i I hC d we n

i X11r t

F v 1 E

ILP I 4 I n

j 1 I I

t a wg a 1 0 l 0 min N 4A7Hf c s p x Z 0 Z caa w u

el an

7 Josephine County Oregon e t Board of Commissioners Dwight F Ellis S Cassanelli Simon Hare Board Assistant Use Only c Board of County Commissioners Meeting date 2 4 WEEKLY BUSINESS SESSION J csv AGENDA PLACEMENT REQUEST Agenda Item

Date submitted

Agenda 1 1th Transfer of County Right of Way to Oregon Department of Transportation for usein Highway 238Jas nes Dris e widening realignment project rote II 0 dinance Resolution Order or Proclamation provide exact title For all other submissions provide a clearly a Jilt n title For contracts provide contract type ie personal services intergovernmental agreement memorandum nr ari lersinnding gran agreement etc

Agenda Date Requested Feb 23 2011 Time Requestedmax 10 min 10 min Division Pi ogram Office Public Works Contact Rob Brandes Phone x4429 Presenters Rob Brandes

General Information

1 What action are you requesting from the Board

Donation of countyowned right of way to the Oregon Department of Transportation ODOT for use in the widening realignment project at the intersection of Jaynes Drive and Highway 238

2 Provide sufficient background information for the board and public to understand this issue

ODOT is preparing a widening project that for Highway 238 in the vicinity of JaynesDrive In addition to this widening ODOT will be realigning Jaynes Drive to a more perpendicular approach to increase the safety of traffic movements at the intersection and approaches To accomplish thesegoals ODOT needsto obtain right of way from a number of tax lots in the vicinity including portions of county owned property

3 Previous action if any

4 Explain the fiscal impact current year and ongoing None Grants and contracts None Perm of contract agreement In addition to the right of way acquisition JosephineCounty would be entering into an IGA with ODOT for the duration of the project Estimated time 9 months Competitive Bid None Match requirement None Overhead costs allowable None Other parties to the agreement names title ODOT Roxeanne Hanneman Senior Right Of Way Agent Grant or contract administrator

Joseph iii ants is an Attirmatise Actionilqua Opportunrt Emploiserand complies with Section 504 of the Rehabilitation Act of 1973 Impact to the County when agreementterminates None

5 Explain any legaland or policy issuesinvolved

Legal Review Date

6 Explain any citizen and or governmentparticipation that hasor will take place ODOTrightofway agentshavebeenworkingwithallaffectedpropertyownerstoensure theappropriatetransfersandcompensationstakeplace

7 Advisory CommitteeRecommendationif applicable

8 List number of documents attached 2 originals 0 copies

9 Return originals to Debbie Horton Public Works

Required Si natures

Elected Official Division Program Manager Date

Chief Operating Officer Date 1111

Chief Financial Officer Date If agendaitem hasfinancial impact

Board Assistant UseOnly

Record in Board of Commissioners Journal

Record in County Book of Records File No 7416005

DONATION AGREEMENT

Whena publicimprovementprojectrequiresanygovernmentagencyorits contractorto acquireor enter upon privatepropertythe ownersof that propertyareentitledtocompensationbaseduponavaluationreportunder federal and state law Federal law is the Uniform Relocation Assistance andRealPropertyAcquisitionPoliciesActof 1970asamendedPL91646 anc statelawis in OregonRevisedStatutes35510 as amended

The above federal and state laws also allow property owners to donate necessarypropertyrightsiftheywish To accomplishadonationyouonly needto acknowledgethatthe agencyhas informedyou of the right to compensation and that you wish to donate Property owners may also release ODOT from its requirementto providea valuation report If youelectto donatethepropertyrightsasdescribedinthe attached ExhibitA or deed subjectto the aboveinformationpleasedate and sign this Donation Agreement in the space below

I release ODOT from providing a valuation report

Date Signature

734 2 909 File 7416 005 Map 11 B 3 5

DONATION DEED

JOSEPHINE COUNTY a political subdivision of the State of Oregon Grantor for no monetary consideration does convey unto tOe STATE OF OREGON by and through its DEPARTMENT OF TRANSPORTATION Grantee fee title to the property described on Exhibit A dated 1 2511 attached hereto and by this reference made a part hereof

TOGETHER WITH all abutters rights of access if any between the above described parcel and Grantors remaining real property

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS IF ANY UNDER ORS 195300 195301 AND 195305 TO 195336 AND SECTIONS 5 TO 11 CHAPTER 424 OREGON LAWS 2007 AND SECTIONS 2 TO 9 AND 17 CHAPTER 855 OREGON LAWS 2009 THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL AS DEFINED IN ORS 92010 OR 215010 TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS IF ANY UNDER ORS 195300 195301 AND 195305 TO 195336 AND SECTIONS 5 TO 11 CHAPTER 424 OREGON LAWS 2007 AND SECTIONS 2 TO 9 AND 17 CHAPTER 855 OREGON LAWS 2009

The statemen above is recuired by law to be included in this instrument PLEASE NOTE the property described in this instrument is n t a lot or parcel as defined in ORS 92010 or 215010 Nevertheless the property is a legally created unit of land as described in ORS 92010 8 d or e

Its underslocd and agreed that tre delivery of this document is hereby tendered and that terms and obligations hereof shall not become binding hpon the State of Oregon Department of Transportation unless and until accepted and approved by the recording of this document

RETURN TO AND TAX STA LEMENT TO Map and Tax Lot 37S 5 7AC 1600 and 1700 OREGON DEPARTh ENT OF TRANSPORTATION RIGHT CF WAY SECTION Property Address 4040 FAIRVIEW INDUSTRIAL DRIVE SE MS 2 SALEM OR 97302

231201 Page 1 0 2 Di me File 7416 005 Map 11 B 3 5

In construinc th s deed whe e the context so requires the singular includes the plural and all grammatical changes shall be made so that th s deed shall apply equally to corporations and to individuals

Dated this day of 20

JOSEPHINE COUNTY a political subdivision o State of Oregon

By Chairperson

By County Commissioner

STATE OF OREGON 2ounty of

Dated 20 appeared

and who being sworn stated that they are the Chairpersor ard CountyCommissionersof JosephineCounty a politicalsubdivisionof the State of Oregon and that this instrumentwas iolJntarily signed on behalf of the County by authorityof an order of the Board of Commissioners

Before me

Notary Public for Oregon My Commission expires

Acceptedon behalf a the OregonDepartmentof Transportation

232011 Page 2of2 DD MC EXHIBIT A Page 1 of 1 File 7416005 Drawing 11B3 5 1 25 11

Fee

A parcel or land lying in the NW4NE 4 and SW4NE14 of Section 7 T 37 S R 5 W WM Josephine County Oregon said parcel being a portion of that property described in that Warranty Deed to Josephine County recorded April 16 1973 in Volume No 289 Page 9234 of Josephine County Book of Records the said parcel being that portion of said property included in a strip of land variable in width lying on the Easterly side of the center line of the relocated Jacksonville Highway which center line is described as follows

The width in feet of said strip of land is as follows

Station to Station Width on Easterly Side of Center Line 215 0000 217 1500 5500 217 1500 217 6000 5500 in a straight line to 8000 217 6000 218 4500 8000 in a straight line to 26000 218 4500 218 7000 26000 in a straight line to 24000 2187000 219 6500 24000 in a straight line to 9000 219 65 0 220 2500 9000 in a straight line to 6000

Bearingsarebaseduponan OregonDepartmentofTransportationsurveyrecordedwith the JosephineCountySurveyors Office as surveynumber0602009

This Parcel of land contains 16973 total square feet more or less SEC 7 T 37 S R 5 W WM

ti S c J

I I i 6 2 j o Ikt

S S 00S I 0 0 C L I 5 3 6

x08 0009 J L 7 IN 50 192 t D 6055 T

w o 1

o LD

O9z 0056 CM c 1 0002 l 1

S9 JOSEPHINE COUNTY o s PUBLIC WORKSDEPT V289 P923 38963 ft J 18431 PI Rem

06 0099 N 2 0 i23 37 5 4 75803 l 2 r C C O0 0 Z I fl r 3 09 0oSZ c DAWN TROUT j Instr No 2009004247 o SS i i OOS6 P p o 32106 ft Rem

M MI SS P1 00 7 L v 3

CD 09 0059 m r I n cn

N j a o C ro SCALE 1 50

0 25 0 50 FEET

ection OR 238 OREGONDEPARTMEN F RANSPOFAUON JaynesDrve r 0hwaY RIG OF I Jacksonville n ounty cal e 1 50 r I E E1I NG Josephine 125 11 S M pose New File Cate

F i l e 7416 005 See Drawing 11835 STATES OBLIGATIONS AGREEMENT

File No 7416005

Date February 9 2011

The State is tc

Stateagrees10contactJosephineCountyPublicWorksMr RobBrandesat5417746348uponsecond notificationtoDDOTscontractor StateunderstandsthatJosephineCountyisvacatingaportionofShore Street and that time is of the essence State to adviseif street vacationcan be startedprior to second notification h wld Shore Street not be neededfor stagingor said time frarne will be shorterthan second notification

Statewill at thetimeof highwayconstructionbuildthefollowingapproachroads

Connecting To HwvEngr Station Side of Hwy Curb Cut Width Top Surface Width None

Any construcionlyingoutsideof the traveledportionand shouldersbutwithinthe right of way of the highway whicn is made for the use and benefit of the remaining property either under the terms of this agreement o the constructionplans shall be completedin conformancewith normal engineering constructior aracticesand hereafter shall be maintainedor reconstructedby the property owner in accordance with ORS 374305 et seq and OAR 734 0510010 to 0510400 OAR 734 0550050 to 055 0600 and oher applicable statutes and regulations

Ifanyof theconstructionunderthetermsofthisagreementisoutsideofthe highwayrightof way Grantors herebygrant State Its employeesorcontractorspermissiontoenterupontheirremainingpropertyforthe purpose of e forming any of said construction work

It is understood and agreed that States performanceof this agreement shall be a portion of the considerationfor the concurrent real property transactionevidenced by deed betweenGrantors and State Thisagreementshallnot be effectiveor bindinguntilGrantorsreceivenoticefromthe Stateacceptingthe conveyance of the real property interests

Josephine County Date

Josephine C aunty Date

Josephine 0 wnty Date

734 3931 8 6 GRANTORSS OBLIGATION AGREEMENT

FILE NO 7416005

DATE February 9 2011

Grantorsayief to do the fo lowing at their own costand expense

JosephineCointy Agreesto allowODCTto usethe westernportionof ShoreStreetfor stagingonthe Jaynes Drive roject

734 3930 8 6 File No 7416035

DONATION AGREEMENT

When a publicimprovementprojectrequiresany governmentagencyor its contractorto acquire or enter upon private property the owners of that propertyare entitledto compensationbased upon a valuationreportunder feceral and state law Federal law is the Uniform Relocation Assistance and Real PropertyAcquisitionPoliciesAct of 1970 as amended PL 91646 and state law is in Oregon RevisedStatutes 35510 as amended

1he above federal and state laws also allow property owners to donate necessarypropertyrightsif theywish To accomplisha donation you only need to acknowledgethat the agency has informed you of the right to compensation and that you wish to donate Property owners may also release ODOT from its requirement to provide a valuation report

t you elect 10 donate the property rights as described in the attached Exhibit A or deed subject to the above information please date and sign this Donation Agreement in the space below

I release ODOT from providing a valuation report

Cate Si0nature

7342i26 909 File 7416 03f Drawing 11B35

DONATION PERMANENT EASEMENT

JOSEPHINECOUNTYa political subdivision of the Stateof Oregon Grantorfor no monetaryconsideration does grant to the STATEOF OREGON by and through its DEPARTMENTOFTRANSPORTATIONGranteeits successorsand assicns a permanenteasementto construct operateand maintaindrainagefacilities and to relocate constructand mairtain water gas electricarid communicationservicelines fixturesand facilities and appurtenances thereforeuponover underandacrossthepropertydescribedonExhibitA dated3 3010 attachedheretoandbythis reference made a part hereof

IT IS UNDERSTOODthat the easement herein granted does not convey any right or interest in the above describedpropertyexceptfor the purposesstatedherein nor preventGrantorfrom the useof said property provided howeverthatsuchuseshallnotbepermittedtointerferewiththerightshereingrantedorendangerthelateralsupportofthe public way or to interfere in any way with the relocation construction and maintenanceof said utilities and their appurtenances as fir rnted herein above

F ET URN TO Map and Tax Lot 37S 5 7D 3600 OREGON DEPARTMENT OF TRANSPORTATION RIGHT OF WAY SECTION Property Address 4040 FAIRVIEW INDUSTRIAL DRIVE SE MS 2 SALEM OR 97302 1142

1262010 Page 1 of 3 pemurt mo File 7416 035 Drawing 11B3 5

IT IS ALSOLNDERSTOODthatthis easementshallbe subjectto the sameconditionstermsand restrictions containedintheeaserrentslicensesandor permitsgrantedtotheownerofanyfacilitiesbeingrelocated

IT ISALSOUNDERSTOODthatGrantorshallnotplaceor erectanybuildingsorstructuresupontheeasementarea without the written consent of Grantee

IT IS FURTHERUNDERSTOODthatnothinghereincontainedisintendedtocreateany obligationonthepartof

Grantee for the mainte lance of said utilities GrantorcovenantstoandwithGranteeitssuccessorsandassignsthatGrantoristheownerofsaidpropertyand willwarranttheeasementrightshereingrantedfromall lawfulclaimswhatsoever Grantoragreesthatthe considerationrecitedhereinis just compensationforthe propertyorpropertyrights conveyedincludingaayandalldamagestoGrantorsremainingpropertyifanywhichmayresultfromtheacquisitionor useofsaidpropertycrpropertyrightsHowevertheconsiderationdoesnotincludedamagesresultingfromanyuseor activitybyGranteehefondoroutsideofthoseusesexpressedhereinifanyordamagesarisingfromanynegligence Inconstruingthisdocumentwherethecontextsorequiresthesingularincludesthepluralandallgrammatical changesshallbemad sothatthisdocumentshallapplyequallytocorporationsandtoindividuals It isunderstoodandagreedthatthedeliveryofthisdocumentisherebytenderedandthattermsandobligations hereofshallnotbecomebindingupontheStateofOregonDepartmentofTransportationunlessanduntilacceptedand approvedbythe recurling of thisdocument

Dated this day of 20

JOSEPHINE COUNTY a political subdivision of the State of Oregon

By Chairperson

By County Commissioner

126201 Page 2 of 3 pemult1 mo File 7416 035 Drawing 11B3 5

STATEOF OREGON county of

Dated 21 Personally appeared

and who being sworn stated that they are theChairpersonCoinyCommissionersofJosephineCountyapoliticalsubdivisionoftheStateofOregonandthatthis instrumentwasvoluntarilysignedon behalfoftheCountybyauthorityofanorderof theBoardof Commissioners

Before me

Notary Public for Oregon My Commission expires

Acceptedon behalfof the Oregon Departmentof Transportation

1262010 Page 3 of 3 pemuttl mo File 7416035 EXHIBIT A Page 1 of 2 Drawing 11B3 5 3 30 10

PermanentEasementFor Drainage Water Gas Electric and Communication Service Lines Fixtures and Facilities

A parcelofandlyingintheNWSEY4ofSection7T 37S R5W WM Josephine CountyOregonsaidparcelbeingaportionofthatpropertydescribedinthatJudgmentto JosephineCountyrecordedJune9 2000asCircuitCourtCaseNo97CV0228 InstrumentNo 200010040of JosephineCountyBookof Recordsthesaidparcelbeing thatportionofsaidpropertyincludedina stripoflandvariableinwidthTyingonthe WesterlysideofthecenterlineoftherelocatedJacksonvilleHighwaywhichcenterlineis described as follows

BeginningatEngineerscenterlinestation1923293 saidstationbeing136902feet Northand 245563 feetWest of the Northeastcornerof Section7 Township37South Range5EastWM thenceSouth104300 East107861feetthenceonaspiralcurve rightthelongchordofwhichbearsSouth102324 East12000feet 12000feetthence on a 351028 footradiuscurverightthe longchordofwhichbearsSouth50810 East 56317feet 56377feet thenceona spiralcurverightthe longchordofwhichbears South00704 West12000feet 12000feet thenceSouth02639 West185999feet thenceona spiralcurveleftthe longchordofwhichbearsSouth02307 East9999feet 10000 feet thenceona 115112footradiuscurveleftthe longchordofwhichbears South540 36 East14585feet 14595feet thenceona spiralcurveleftthe longchord of whichbearsSouth105804 East9999 feet 10000feet thenceSouth114751 East 88682feel thenceona spiralcurverightthe longchordofwhichbearsSouth111251 East10000feet 10000feet thenceona 163702footradiuscurverightthe longchord of whichbearsSouth71426 East16033feet 16040feet thenceona spiralcurveright thelongchordofwhichbearsSouth31601 East10000feet10000feetthenceSouth 24101 East2150 feet thenceon a spiralcurveleft the longchordof whichbearsSouth 44230 East44978feet 45000 feet thenceona212219footradiuscurveleftthe long chordofwhichbearsSouth1311917 East33768 feet 33803 feet thenceona spiral curveleftthe longchordofwhichbearsSouth201852 East26995feet 27000feet thenceSouth213146 East8148 feet to EngineersStation2572948

The width in feet of said strip of land is as follows

Station to Station Width on Westerly Side of Center Line 241 5000 242 0807 4000 in a straight line to 5000 242 0807 245 0000 5000 BearingsarebaseduponanOregonDepartmentofTransportationsurveyrecordedwith the Josephine County Surveyors Office as survey number 060 2009 File 7416035 EXHIBIT A Page 2 of 2 Drawing 11B35 3 30 10

This parcel of land contains 2984 square feet more or Tess SEC 7 T 37 S9 R 5 W9 WoMo

I ro

m 111 1 I

1 a 3 I c c 1 ocn 017

a 1

i c E o TI a

Sd R 1 1 N JOSEPHINE COUNTY U 1 PUBL ICC I WORKS 11 N c DEPT 1 1 I 1nstr No 00 A Ly1 20473 ft Rem 0 0 11 o0 3 0S I 5 1

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o 1 p W i o 1 II W o 1 UI I 0 4 P DORIS J s RI TZI NGER 1 A Instr No 2002 010487 Lo a f o 24829 ft Rem o N

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37 5 7 D Josephine County Oregon BoardofCommissionersSCassanelhSimonHareDwightEllis

A BOARD OF COUNTY COMMISSIONERS 500NW6thStreetRm154Dept6 Grants Pass OR 97526 541 474 5221 FAX 541 4745105 laimissrser

MEMORANDUM

DATE Fet ruary 10 2011 TO BCC FROM Linda Langford SUBJECT A visory Board Appointment Mental Health Advisory Board

Requestthatthe BoardofCountyCommissionerssignResolution2011009 appointingJim Brumbachrepresentingclergyto the MentalHealthAdvisoryBoard

This position was advertised and selected by the BCC BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR JOSEPHINE COUNTY STATE OF OREGON

In the Matter of an Appointment to the Josephine C inty Mental Health Advisory Board RESOLUTION NO 2011 009

WHEREAS it has cometo the attentionof the Board of CountyCommissionersthat there is a vacancy on the Mental Health Advisory Board and

WHEREAS it is both proper and necessarythat the Board of CountyCommissionersfill said vacancy by making an appointment as provided herein

NOW THEREFORE IT IS HEREBY RESOLVED that the followingperson be appointedto said Mental Health Advisory Board with term expiring as hereinafter set forth

Jim Brumbach Representing Clergy

Term set to expire 022315

DONE and DATED this 23th day of February 2011

JOSEPHINE COUNTY BOARD OF COMMISSIONERS

S Cassanelli Chair

Simon G Hare Vice Chair

Dwight F Ellis Commissioner JosephineCountyOregon Boardof CommissionersDwight F Ellis S CassanelliandDaveToler

n t7 JosephineCountyCourthouse Q 500 M 6 StreetDept6 GrantsPassOR97526 474 5221 FAX 541 4745105 Jib 541 r httporus wwwcojosephine

FOR IMMEDIATE RELEASE December 20 2010 Contact Person Commissioners Office Phone 0 541 4745221

1heJosephineCountyBoardof Commissioners is currentlyacceptingapplicationstofill avacancyonthe

JosephineCountyMental Health Advisory Board Openingisfor a memberqftheClergy

TheJosephineCountyMentalHealthAdvisoryBoardbelievesthatallindividualshavearighttoaccessa fullrangeofmentalhealthservicesTheBoardsroleistohelpassessandrepresentthecommunitysmental healthneedsandtofacilitateandsupportthedevelopmentandimplementationofservicestomeetthese TheBoardalsostrvestopromotepublicawarenessoftheservicesprovidedbytheCountyMentalHealth ProgramandtopromotecommunityeducationregardingmentalillnessTheBoardiscomposedof representativesfromseveralareaagenciesandthegeneralpublic

Applicationswill beaccepteduntilJanuary21 2011

Applications areavailableattheCommissionersOfficeatthe JosephineCountyCourthouseRoom154 GrantsPassor TheJosephineCountyWebsitewwwcojosephineorus

ff ou haveanvquestionspleasecall541 4745221

and with Section 504 of the Rehabilitation Act of 1973 JostThnn t rn my is an affirmaue Actwon Equal OpportunityEmployer complies ADVISORYCOMMITTEEAPPLICATION FOR BOARD APPOINTMENT

It istheapplicantsresponsibilitytokeeptheinformationonthisformcurrent ToadvisetheCountyofanychangespleasecontacttheAdvisoryBoardCoordinator by telephoneat 4745221 or by email at bccOcajosephineorus ce9 Applications will be discarded if no appointmentis made after two years cu

IMOIMINIM11111111WO AIM 411101MENNIM 111101111

Name Date I 7 0

Home P on 4 i cl Work Phone I Email r Q wy s n Co WI 1 kivev Ve n Occupant Employer I vE4f 5t VE t 76T P1 c Pleasecheckbox for preferred mailing address L 014 A dre

City cta

M Horne Address

Coy ta

Do you lwe in Josephine County Ye No If yes do you live within the Citylimits L Yes No City Do you ownproperty in JosephineCounty K Yes 7 No Hyes is it locatedwithin the City limits L Yes te No

For how many years have you lived andlor owned property in Josephine County ci years

Are you interested in serving on any specific Committees If yes please indicate your preference

1s r ce I1 1 tji AciViSsit 2nd Choice

Why would you liketo serveon this Board

If not interestedin any specificCommittees areyou interestedin a specificsubjectmatter Pleasecheckthoseareasin whichyou areinterested or describeother areasnot listed

Human ei ice liousing liealth Care Library Services 1 ourism Transportation Bicycle eIesirian Planning Public Safety Other Areas

Have yoi served on any Josephine County committees previously 4Yes ON

A If Yes or which have you seedse C s Ccyec C

How many tours per month would you be willing to commit for Committee work LI 1 s 2 to 3 4 or more Which days of the week are you available s Monday Tuesday s Wednesday LirThursday 7rFriday What time of day would be best for you to attend Committee meetings VI Day L3 Night OPTIONALJosephineCountystrivestomeetitsgoalsandthosecontainedinvariousfederalandstatelawsof maintainingamembershipinits AdvisoryCommitteesthatreflectsthediversityof thecommunityAlthoughstrictlyoptional for Applicant the following informationis neededto meetreportingrequirementsandattainthosegoals

Ra K Caucaan At can American Hispanic Asian Other

Se Male Female Age Disabled N es No

Personsneedinga special accommodationto participate in an Advisory Committeeshould contact the Advisory Board Coordinator by telephone at 4745221 or email at bcccojosephineorus rIn thespacebelowbrieflydescribeorlistthefollowinganypreviousexperienceonotherCommitteesyoureducationalbackground yourskillsandexperienceyoucouldcontributetoa Committeeanyofyourprofessionallicensesandordesignationsandindicatehow longyouhaveheldthemandwhethertheyareeffectiveinJosephineCountyanycharitableorcommunityactivitiesinwhichyou participateencreasonsforyotr choiceoftheCommitteeindicatedonthisApplicationPleaseattachyourresumeifoneisavailable ca t 3Ly1CtS S I l NV U 14 I n l Ll CCCiOlI V A 7 aa V 0 1s 11P e S Ivl A 1 r 0 1

1 t Y A 4 1 c4 b s Cc LAJSEI I rs 1 c4 1 ti d v u o f Ce SL 2 tv S 1 v1 Vv1 G jC c w t vf l c c t C 4 ry i f G 5 C F K C t S a ltME j ONC

Referencesyoumustprovideatleastonepersonalreferencewhois notafamilymember

yl t 7lc Name lq k Ts Telephone 7 Eh1 ly Address i 5 I t S t 1 F rages RA5 Cirr 975o 7

Name 1 Vl Telephone e Y7 2 C 3 c7 Address 61 fE v e C 9 7 5 Z

IMPORTANTLEGALREQUIREMENTSFORADVISORYCOMMITTEEMEMBERSHIP AS A MEMEEROF AN ADVISORYCOMMITTEE YOU WILL BE OBLIGATEDTO FOLLOWANY APPLICABLELAWS REGARDINCGOVERNMENTINTHESUNSHINECODEOF ETHICSFORPUBLICOFFICERSAND PUBLICRECORDS DISCLOSURETHECONSEQUENCESOFVIOLATINGTHESEAPPLICABLELAWSINCLUDECRIMINALPENALTIESCIVIL FINES AND THE VOIDING OF ANY COMMITTEEACTION AND OF ANY SUBSEQUENTACTIONBY THE BOARD OF COUNTY COMMISSIONER

WillyouberlceivnganycompensatioithatisexpectedtoinfluenceyourvoteactionorparticipationonaCommittee f No f yes frorr whom

Do you antic pate that you would be a stakeholder withregardtoyourparticipationona CommitteeO Yes E No Stakehcllef apersongrovearganrzahonorsystemwhoaffectsorcanbeaffectedbyanorganizations actions

Doyoutrovi ofanycircumstancesthatwouldresultinyouhavingtoabstainfromvotingonaCommitteeduetovotingconflicts L Y h No f yes pleaseexplain DoyoucrycuremployeroyourwifeorchildortheiremployersdobusinesswithJosephineCountyL Yes ENo If yes pleas explan in whatcapacity DoyouhHVEanyernploymeitorcontactualrelationshipwithJosephineCountythatwouldcreateacontinuingorfrequently recurring oo rfllct with regardto your participationon a Committee DYes x1 No If yes pleaseexplain

i All stater er is anqinformation proyidedin It ispplica ri are t t the beefmyknowledge SignaturE

Please I n Applicationt Advisory Board Coordinator JosephineCountyBoardofCountyCommissioners 500Nell6 Street Dept 6 GrantsPass OR 97526

Page 2 of 2 Par ay

JanuH y 18 2011

The EdDad of Countv Commissioners

To V ho n It May Concern

I am sir ting this lever as a matter of introduction and recommendation for Jim Brumbach as my reps3cement for the open clergy position on the Josephine County Mental Health Board

Jim curenvy serve at River Valley Community Church as one of their staff pastors and would in my o3inion be a diligent and faithful representative to the mental health community and the service they provide to our county Jim is actively involved in community issues and is a posit ivf influence wherever he serves I know him personally and professionally and reconnend him for this important position

ThanK ou or allowing me to serve my two terms on the board It has been a pleasure to work with 3st commissioner Dave Toler and the staff and Board of Directors I believe Jim Brumbach wou be an able and constructive replacement that would positively represent clergy concerns and solutions to our mental health community

Thank ou for your consideration of Jim and for allowing me to serve in this capacity

Srnc rc ly

Reverend Ron Marsh

229 NE Bea cow Arive G piss OR9J526 voice541 439 2639 fcX 541472 6152 Linda Langford

From Dewan Sutton dewan parkwaycccom Sent Tuesday January 18 2011 1028 AM To Linda Langford Dewan Sutton Jim Brumbach revjirn7 msncom Subject Mental Health Clergy Position Attachments Bri mbach recornmendationpdf

January 18 2011 Hello Pastor Ron Marsh asked that I forward this letter of recommendation for Jim Brumbach as his replacement on the Mental Health Board

If you have any questions please let me know

DeWan Sutton Administrative Assistant

Parkway Christian Center 229 NE Beacon Drive Grants Pass OR 97526 541479 2639