Pacific Realty Associates - Landscaping Compliance (Hampton Office Building) ORIGINAL
LANDSCAPING COMPLIANCE AGREEMENT
THIS AGREEMENT dated the 28th day of September, 2001 between the CITY OF TIGARD, a
municipality of the State of Oregon, hereinafter termed the "CITY", and Pacific Realty Associates, LP
hereinafter termed"Petitioner".
WITNESSETH :
WHEREAS, Petitioner has applied to the City for approval of project known as Hampton Office
Buildin , City land use case number SDR2000-00014 located in Section 1, Township 2 South, Range 1
West,,Willamette Meridian,Washington County,Oregon; and
WHEREAS,the City has adopted the Petitioner who has been conditioned to install landscaping as
a part of Petitioner's development;and
WHEREAS,the landscaping;as a part of Petitioner's development is incomplete,and Petitioner has
nonetheless requested the City to permit occupancy and use of property in the development, and the parties
desire hereby to protect the public interest generally by legally enforceable assurances that the landscaping
and trash enclosure will be completed as required within the time hereinafter set forth.
NOW,THEREFORE,in consideration of the foregoing premises and the covenants and agreements
to be kept and performed by the Petitioner and its sureties,IT IS HEREBY AGREED AS FOLLOWS:
(1) Petitioner shall proceed with development, with the intent and purpose to complete
landscaping not later than thirty(30)days from the date of this agreement.
(2) To assure compliance with the City's requirements and the provisions herein, Petitioner
tenders to the City a cash deposit in the amount of$22,800.
(3) In the event that Petitioner shall fail,neglect or refuse to proceed with the landscaping work
in an orderly and progressive manner to assure completion within the time limits; upon ten(10) days notice
by the City to Petitioner , and such default and failure to proceed continuing thereafter, the City may at its
option proceed to have the work completed and charge the costs hereof against Petitioner deposit and in the
event action be brought,. Petitioner promise and agree to pay, in addition to the amounts accruing and
allowable, such sum as the court shall adjudge reasonable as attorney's fees and costs incurred by the City,
both in the Trial Court and Appellate Court, if any, or the City may, at its option, bring proceedings to
enforce against the Petitioner specific performance of the contract; and in such event, in like manner, the
City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City attorney's
fees and costs,both in the Trial Court and Appellate Court,if any.
IN WITNESS WHEREOF, Petitioner acting by and through its duly authorized undersigned
officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the
City acting pursuant to resolution of its Council adopted at a regularly scheduled meeting on the 13th day of
October , 19 86,has caused this agreement to be executed by the Community Development Director
PETITIONER: Pacific Realty Associates, LP
(Title)
THE CITY OF TIGARD
+-r
By:
C evelopment Di
(Attached Notary Acknowledgement hereto)
Return signed copy to:
Pacific Realty Associates.LP
15350 SW Sequoia Parkway, Suite 300
Portland,OR 97224 _
STATE OF OREGON )
ss.
County of Washington )
This instrument was acknowledged before me on September 28,2001,by
David W. Ramus, Chief Operating Officer of Pacific Realty Associates, L.P.
or-RctnL SEAL CANDACE L CLAItDY Notary Public for Oregon
NOTARY PUBUC-OREGON My commission expires:
COMMISSION NO.341942
frMy COMMISSION EIFIRES JAN.11,2005
Receipt #: 27200100000000003925
,.. Date: 09/28/2001
TCo1M Or E SMtEA R CK
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
SDR2000-00014Customer Deposit 100-0000-229000 $22,800.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check PACTRUST 0 711531 0 $22,800.00
TOTAL AMOUNT PAID: $22,800.00
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15350 S.W. Sequoia Parkway, Suite 300
Portland, OR 97224 '
4
**** TWENTY TWO THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS
TO THE
ORDER OF 09/28/01 $22,800,00**
City of Tigard - Permits
13125 SW Hall Boulevard
. Tigard, OR 97223 &XkA-,A w