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Tigard Historical Association ~ LE110001 ~ John Tigard House LEASE AGREEMENT This Lease is made and executed on7i , 2010, by and between CITY OF TIGARD, 8777 SW Burnham Avenue, 14gard, Oregon 97223, hereinafter called `Lessor and TIGARD HISTORICAL ASSOCIATION, 10310 SW_ Canterbury Lane, Tigard, Oregon 97224, hereinafter called"Lessee" WHEREAS, Lessee wishes to lease from Lessor the premises described in Exhibit A ('Premiseg), a copy of which is attached hereto and hereby incorporated by reference, for the purpose of keeping the John Tigard House (Building)located thereon and for the purpose of holding the same open to the public as an historic home; and WHEREAS, Lessor wishes to lease the Premises to Lessee for the above stated purpose and for no other purpose; and WHEREAS, this Lease is intended to amend, supersede and restate the Original Lease in its entirety. The Original Lease is that certain Lease Agreement dated April 10, 1979, pursuant to which Lessor's predecessor-in-interest, TIGARD WATER DISTRICT, leased the Premises to Lessee's predecessor in interest, the TIGARD AREA HISTORICAL AND PRESERVATION ASSOCIATION. Notwithstanding any provision in the Original Lease to the contrary, this Lease shall amend, restate and supersede the Original Lease in its entirety and the Original Lease shall have no further effect whatsoever as of the Effective Date of this Lease. NOW, THEREFORE, in consideration of the covenants and considerations herein contained, it is hereby agreed: I. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Premises situated in the City of Tigard, county of Washington, State of Oregon, more particularly described in Exhibit A, attached hereto and hereby incorporated by reference. This Lease of the Premises is for the purpose of locating and maintaining the Building and holding the same open to the public as a historic home, and for no other purposes without Lessor's prior written consent. This Lease amends, restates and supersedes the Original Lease dated April 10, 1979, by and between the predecessors in interest of the Lessor and the Lessee herein, in its entirety, and the Original Lease shall have no further effect whatsoever as of the Effective Date. II. The initial term of this Lease shall be for one year, commencing on the date hereof, subject to renewal as hereinafter provided. Lessor grants to Lessee, subject to the conditions set forth below, the right and option to renew this Lease for additional terms of one year each at the same rental as provided above and otherwise subject to and on all of the terms and conditions herein contained;provided,however, that Lessee is not in default of any of the provisions of this Lease at the time of exercise of the option. Each year, the Lease will be deemed renewed, unless Lessee delivers written notice of termination to Lessor not less than sixty(60) days prior to the Page I—LEASE AGREEMENT 50014-36803 John Tigard House Lease FinalIhnI9/3/2010 a last day of the current Option Term. Lessor may terminate this renewal option at any time upon one year's written notice to Lessee. III'. The total rent per.year-shall be$1.00, which•'Lessee shall pay to Lessor, with deduction or offset, at Lessor's address set forth above on or before the first day of each one year term. IV. Lessor covenants that Lessor owns the Premises in fee simple and has full right to make this Lease and that Lessee shall have quiet and peaceful possession of the Premises during the term hereof. Lessee covenants with Lessor that it owns the Building located on the Premises and that it has full right to enter into this Lease and be bound by the terms hereof. V. Lessee shall not use or permit either the Premises or the Building, or any part thereof, to be used for any purpose or purposes other than the purpose of purposes for which the Premises are hereby leased. VI. During the term of this Lease, Lessee shall'comply with all applicable laws affecting the Premises and the Building, the breach of which might result in any penalty on Lessor or forfeiture of Lessors title to the Premises. Lessee shall not commit, or suffer to be committed, any waste on the Premises, or any nuisance, nor shall Lessee abandon the Premises or the Building. VII. Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the Premises and the Building at all reasonable times for the purpose of inspecting the same, or for the purpose of posting notices of non-responsibility for alterations, additions or repairs, without any rebate of rent and without any liability to Lessee for any loss of occupancy or-quiet enjoyment of..the Premises-thereby occasioned. , I - - VIII. Because this Lease is personal between Lessee and Lessor, Lessee may not sublet the Premises in whole or in part without Lessor's prior written consent, but the making of any such sublease shall not release Lessee from, or otherwise affect in any manner, any of Lesseds obligations hereunder. Lessee shall not assign or transfer this Lease, or any interest herein, without the prior written consent of Lessor; and Lessor's consent to any such assignment shall not be deemed to be consent to any subsequent assignment-. Any such assignment made without Page 2—LEASE AGREEMENT 50014-36803 John Tigm d House Lease Finahkm/9/3/2010 such consent shall be void, and shall, at the option of Lessor, result in the immediate termination of this Lease. IX. The damage, destruction, or partial destruction of.the Building or any other building or improvement which is apart or to-become a part.of the.Premises shall-not-release Lessee from any obligation hereunder and, in the case of damage to or destruction of any such building or improvement, at its option Lessee shall, at its own expense,promptly repair and restore the same to a condition as good or better than that which existed prior to such damage or destruction, or alternatively, terminate the Lease. X. Lessee shall keep the Premises and all buildings and other improvements at any time located thereon, free and clear of any and all mechanids,materialman's, and other liens, for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Lessee, any alteration, improvement, or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the premises, or any obligations of any kind incurred by Lessee, and that at all times promptly and fully to pay and discharge any and all claims on which any such lien may or could be based, and to indemnify Lessor and all of the Premises and all buildings and improvements thereon against all such liens and claims of liens and suits or.for other proceedings pertaining,thereto. Xl. Lessee shall pay when due any and all taxes and utility fees which may become due or payable during the pendency of this Lease. In no event shall any taxes or utility fees become a lien upon the Premises. XII. Lessee shall not cause or permit any Hazardous Substance (defined below) to be spilled, leaked, disposed of or otherwise released on or about the Premises or Building. Lessee may use or otherwise Handle on the Premises or Building only those.Hazardous;Substances typically.used in the prudent and safe operation of the permitted uses specified in Section 1 above. Lessee shall not store fuel or Hazardous Substances on the Premises or in the Building. Lessee shall comply with all Environmental Laws (defined below) and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used or handled on the Premises and in the Building. Upon.the expiration or termination of this Lease, Lessee shall, at its sole cost and expense, remove a11.Hazardous Substances from the Premises and,the Building., For the purposes of this Lease, the term "Hazardous Substance" shall mean any hazardous, toxic, . infectious or radioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, petroleum oil and its fractions. The Page 3—LEASE AGREEMENT 50014-36803 John Tigard House Lease FinalVmV9/3/2010 a term "Environmental Law" shall mean any federal, state, or local statute,regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. Lessor shall not be liable for any loss, injury, death, or damage to persons or proper ty.or property which at any time maybe suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Premises or the Building, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or any occupant, visitor, or user of any portion of the Premises or the Building, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind from the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liabilities, loss or damage whatsoever, on account of any such loss, injury, death or damage. Lessee hereby waives all claims against Lessor for.damages to the Building and improvements that are now or hereafter placed or built ton the Premises and to the property of Lessee in, on or about the Premises or the Building, and for injuries to persons or property in or about the Premises or the Building, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury death or damage arising by reason of the negligence or misconduct of Lessor, its agents or employees. XIV. If any action at.law or in equity shall be brought to recover any rent-under this_Lease, or for or on account of any breach of, or to enforce or•interpret any of the covenants;.ter's or conditions of this Lease, or for the recovery of the possession of the Premises, the prevailing party,shall_be entitled-to recover from,the other party as part of the'prevailing partys costs reasonabl 'attorhey9 fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XV. Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all of the terms and conditions hereof on its part to be kept and performed, and at the expiration or sooner termination of this Lease,peaceably and quietly surrender to Lessor the Premises in a condition as good or better than that which existed prior to this Lease. XVI. Lessee shall maintain in effect through the term of this Lease personal injury liability insurance covering the Premises,the Building, and its appurtenances in the amount of $2,000,000 per injury to or death of any one person, and $2,000,000 for injury to or death of any number of persons in one occurrence, and property damage insurance in the amount of$500,000. Such insurance shall name as insureds Lessor, its officers, employees and agents, and Lessee. Page 4—LEASE AGREEMENT 50014-36803 John Tigard House Lease FinaAkm/9/3/1010 e J XVII. In the event of any breach of this Lease by Lessee which is not remedied within 30 days after notice thereof is given by Lessor to Lessee, Lessor may terminate this Lease and shall have the immediate right of re-entry and may remove all persons and property from the Premises, including the Building; and such property may be removed at the cost of, and for the account of, Lessee. In the event that the Lessee ceases to exist, the Building, along with its collection of historical items,.and any remaining monies of Lessee will become the property of Lessor. The monies will be held in trust for the exclusive use of maintaining the Building in a condition that is sufficient to support maintenance of the Building for public viewing. XVIII. The Building(John Tigard House) located on the Premises shall be and remain the property of Lessee. At the expiration or termination of this Lease, Lessee shall remove the Building from the Premises, so longus Lessee has not ceased to exist; in which case, Section XVII, supra, shall apply, instead of this Section XVIII. XIX. In addition to Lessee's duties, obligations and responsibilities herein described, Lessee, at its sole expense, shall be responsible for complying with the conditions of the conditional use permit from the City of Tigard, County of Washington, State of Oregon, required pursuant to the Citys,letter.to Lessee dated March 12, 1979, a copy of which is attached hereto and marked `Exhibit B,"and by this reference made apart hereof.' IN WITNESS WHEREOF, the parties hereto have executed this lease,in duplicate on the -W day ofGA P,--- , 2010. CITY OF TIGARD By TIG HISTORICAL rSSOCIATION �. By , Page 5—LEASE AGREEMENT 50014-36803 John Tigard House Lease Finahkm/9/3/2010 A Exhibit A PREMISES A tract of land located in the Northwest one-quarter of Section 11 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Oregon described as follows: Beginning at a point which is S 89° 37' 51" W a distance of 20.01 feet and S O1° 19' 00" W a distance of 25.01 feet from the Northeast corner of Lot 5 Tigardville Heights; Thence S 01' 19' 00" W, along the westerly right of way of SW 103rd Avenue a distance of 100.00 feet; Thence S 89° 37' 51" W a distance of 141.49 feet to the east line of the land described in Document Number 96065119 and 97044060; Thence N 01' 19' 00" E, along said easterly line a distance of 100.00 feet to the southerly right of way of SW Canterbury Lane; Thence N 89° 37' 51" E, along said right of way, a distance of 141.49 feet to the point of beginning. Containing 14,143 square feet e • 0.4/25/2001 11:43 5035822443 HOl1STONS PAGE 08 Exhibit B s CITY OF TIGARD P.O.8ox23397 124M S.W.Main Turd,Oregon 97273 March 12, 1979 Tigard,Area Historical & preservation A$saciation 2042 S.W. Custer Street Portland, Oregon 97219 Re; t7 5-79 - john Tigard Home TO Whom It May tbncern: Please be. advised that the Tigard Pl.an11419 Commission at their regular meeting of March 6, 2979, approved your request fora conditional use permit for the above referenced project. This approval is subject to the following conditions; 1. That the%approval of the caeidi.tional, use be subject to the approval of the minor• land*Partition if found to be applicable by the applicant s and land owner's attorneys. 2. That this be resolved between staff and the APPlicant so far as appropriate number cf 'accesses--whatever 3.g reasonably in view of the special nature of the building. 3. That half street improvements be made along S.W. Canterbury Lane to City local street standards prXor to iial building inspection. 4• That five feet of right^-of- buway be dedicated'with half street buildinspectiotts to City standards slang S.W. 103rd prior to final buildingi.ing pg iti . ' 5. That all utilities be subsurface .and street lightsP rovided 6. Utilities be installed ptior to final building inspection. 7. 7hat the fire marshals approve site and bu#Zding prior to final building inspection. s. That construct'm and drainage and sewage drainage plans be eub- witted and approved by the City-$ building and engineering departments with necessary bonds prior to ficial building inspection. Exhibit a Q4/25l2001 11:43 5035822443 , HOUSTONS - PAGE 89 JOHN •T'IGAM $OME CU 5-79 March 12, 1979 Page 2 9. b"'aw.lding inspection.-'_4bdscaP9 Plan and emplacement be approved prior W final The conditional use penait shall expire in one if the Use has not begun and con Year from the date Of -approval, not it evidence. tu�uaLl PregreSS tXftrds Its full operation is If we can be of any farther dSsistancg� Please do not hesitate 'to contact office at 63g�4171• , this Sincerely,, Keri Selby Associate City P2ann r KS.-ab cc: Bob Santee Tigard Water District Notes The foll,awi ng acknowledgement roust be received.by the City of Tigard within fourteen 1141 days of your receipt of tbis letter. Failure to return this Acknowledgement may re Tigard. sult in by the City of T hereby acknowledge this letter' documenting the action of the Tigard Planning commission. Z have received and read this letter, and I agree to the decision here documented and to abide by attached_ r any terms and/or* conditions Signature iapplicant) Hate Signature (owner) Efate 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 02 LEASE AGREEMENT This lease is made andexecutedon l� , 1979 , by and between TIGARD WATER DISTRICT, of 8841 S . W. Commercial Street, Tigard, Oregon 97223, telephone number 503-639--1554, here- inafter called "Lessor" , TIGARD AREA HISTORICAL AND PRESERVATION ASSOCIATION, of 2042 S . W. Custer Street, Portland, , Oregon 97219, hereinafter called "Lessee" , and OREGON HISTORICAL SOCI=.Y, of 1230 S. W. Park Avenue, Portland, ~Oregon 97205, telephone number 503-222-1741 , hereinafter called "Guarantor" ; and WHEREAS , Lessee wishes to lease from Lessor the demised premises, hereinafter described, for the purpose of locating and restoring the John Tigard House thereon and holding the same open to the public as a historic home; and IMEREAS , Lessor wishes to lease the same to Lessee for the above stated purpose and for no other purpose; and . WHEREAS , Guarantor, in a mutual effort with Lessee, wishes to preserve and protect the John Tigard House for the en- joyment of future generations and to induce Lessor to lease the demised premises to Lessee; NOW, THEREFORE, in consideration of the covenants and considerations herein contained, it is hereby agreed: z Lessor leases to Lessee and Lessee hires from Lessor, for the purpose of locating and restoring the John Tigard House and holding the same open to the public as a historic home, and for no other purpose, that certain premises with appurtenances , situated in the City of Tigard, County of Washington, State of Oregon, and more particularly described in the schedule attached hereto, marked "Exhibit A" , (hereinafter referred to as the "demised premises") and by this reference made a part hereof. II The initial term of this lease shall be for one year, commencing on the date hereof, subject to renewal as hereinafter provided. lII The total rent per year shall be $1. 00 , which Lessee shall pay to Lessor, without deduction or offset, at Lessor 's address set forth above. n-.r.-- 1 - T n7%<" nrY7n?^TR7 TYm 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 03 IV Lessor covenants that Lessor owns the demised premises in fee simple and has full right to make this lease and that Lessee shall have quiet and peaceful possession, of the demised Premises during the term hereof. V Lessee shall not use or permit the demised premises , or any part thereof, to be used for any purpose or purposes, oth- er than the purpose or purposes for which the demised premises are hereby leased. VI During the term of this lease, Lessee shall comply with all applicable laws affecting the demised premises and the John Tigard House, the breach of which might result in any penalty on Lessor or forfeiture of Lessor's title to the demised premises . Lessee shall not commit, or suffer to be committed, any waste on the demised premises , or any nuisance. VII Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the demised premises and the John Tigard House at all reasonable times for the purpose of in- specting the same, or for the purpose of posting notices of non- responsibility for alterations, additions or repairs, without any rebate of rent and without any liability to Lessee for any loss of occupancy or quiet enjoyment of the demised premises thereby occasioned. VIII Lessee may encumber by mortgage or deed of trust, or other proper instrument, its leasehold interest and estate in the demised premises together with all buildings and improvements placed by Lessee thereon, as security for any indebtedness of Lessee. It Lessee shall encumber its leasehold interest and es- tate in the demised premises and if Lessee or the holder of the indebtedness secured by such encumbrance shall give notice to Lessor of the existence thereof and the address of such holder, then Lessor will mail or deliver to such holder, at such address , a duplicate copy of all notices in writing which Lessor may, from time to time, give to or serve on Lessee under and pursuant to the terms and provisions hereof. IX Because this lease is personal between Lessee and Les- sor, Lessee may not sublet the demised premises in whole or in 17 aM 7 -- T.7AgP 7 r-VT.FPrtl7NT 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 04 Part without Lessor's prior written consent, but the making of any such sublease shall, not release Lessee or Guarantor from, or otherwise affect in any manner, any of Lessee 's or Guarantor's obligations hereunder. Lessee shall not assign or transfer this lease, or any interest herein, without the prior written consent Of Lessor, and a consent to an assignment shall not be, deemed to be a consent to any subsequent assignment. Any such assignment without such consent shall be void, and shall, at the optio4 of Lessorr terminate this lease. The damage, destruction, or partial destruction of any building or other improvement which is a part or to become a part of the demised premises shall not release Lessee from any obliga- tion hereunder and, in the case of damage to or destruction of any such building or improvement, at :its option Lessee shall, at its own expense, promptly repair and restore the same to a condi- tion as good or better than that which existed prior to such dam-- age or destruction, or alternatively, terminate the lease. X Lessee shall ,keep the demised premises and all build- ings and other improvements at any time located thereon, free and clear of any and all mechanic's, materialman's , and other liens , for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for or in connection with any operations of Lessee, any altera- tion, improvement., or repairs or additions which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the premises, or any ob- ligations of any kind incurred by Lessee, and that at all times promptly and fully to pay and discharge any and all claims on which any such lien may or could be based, and to indemnify Les- sor and all of the demised premises and all buildings and improve- ments thereon against all such liens and claims of liens and suits or for other proceedings pertaining thereto. XZ. Lessor shall not be liable for any loss, injury , death, or damage to persons or property which at any time may be suf- fered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the demised premises or the John Tigard House, whether such loss , injury, death, or damage shall, be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or any occupant, subtenant., visitor, or user of any portion of the demised prem- ises or the John Tigard House, or shall result ,from or be caused by any other matter or thing whether of the same kind as or of a different kind from the matters or things above set forth, and Lessee shall indemnify Lessor against all claims , liabilities , loss or damage whatsoever, on account of any such loss, injury, P;Rr7cm I — 7.711Cfi 2�r'i7F.FTtT.'N'T' 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 05 death or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now or here- after placed or built on the demised premises and to the property of Lessee in, on or about the demised premises or the John Tigard house, and for injuries to persons or property in or about the de- mised premises or the John Tigard House, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death or damage arising by reason of the negligence .or misconduct of Lessor, its agents or employees. . XII If any action at law or in equity Shall be brought to recover any rent under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this lease, or for the recovery of the possession of the demised ,premises, the prevailing party shall be entitled to recover from the other party as part of the pre- vailing party 's costs reasonable attorneys' tees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XIII Lessor grants to Lessee, subject to the conditions set forth below, the right and option to renew this lease indefinite- ly for additional terms of one year each at the same rental as Provided above and otherwise subject to and on all of the terms and conditions herein contained; provided, however, that Lessor may terminate this renewal option at any time upon one year's written notice. As each such option may be exercised, Guaran- tor 's obligations 'herein contained likewise continues . XIV Lessee shall pay the rent and all other sums required to be paid by Lessee hereunder in the amounts , at the times , and in the manner herein provided, and shall, keep and perform all of the terms and conditions hereof on its part to be }Capt and per- formed and, at the expiration or sooner termination of this Lease, peaceably and quietly surrender to Lessor the demised premises in a condition as good as or better than that which existed prior to this lease. XV Lessee shall maintain in effect through the term of this lease personal injury liability insurance covering the de- mised premises and the John Tigard House and its appurtenances and the sidewalks fronting thereon in the amount of $300 ,000 per injury to or death of any one person, and $300 ,000 for injury to or death of any number of persons in one occurrence, and property 04/25/2061 11: 43 5035822443 HOUSTONS PAGE 06 damage liability insurance in the amount of $300 ,000 . Such insur- ance shall insure both Lessor and Lessee. XVI In the event of any breach of this lease by Lessee which is not remedied within 30 days after notice thereof is giv- en by Lessor to Lessee, Lessor may terminate this lease and shall have the immediate right 4f re--entry and may remove all persons and property from the demised premises; such property may be re- moved at the cost of, and for the account of, Lessee. XVSr In addition to Lessee' s duties, obligations and respon- sibilities hereinbefore described, Lessee, at its sole expense, shall be responsible for obtaining a conditional use permit from the City of Tigard, County of Washington, State of Oregon, pursu- ant to the City' s letter to Lessee dated March 12, 1979 , a copy of which is attached hereto and marked "Exhibit B" , and by this reference made a part hereof_ XVIII The John Tigard House to be located on the demised prem- ises shall be and remain the property of Lessee. At the expira- tion or sooner termination of this lease, Lessee shall remove the John Tigard House from the demised premises. XIX Guarantor hereby makes the guarantees set forth in that certain letter from Guarantor to Lessor and dated February 9, 1979 , a copy of which is attached hereto, marked "Exhibit C" , and by this reference made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this lease in triplicate on the /!f-th day of 1979 . TIGARD WATER DISTRICT By TIGARD AREA HISTORICAL AND PRESERVATION ASSOCIATION By OREGON ORICAL SOCI oe Paae 5 - LEASE AGREEMENT 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 07 TIGARD WATER DISTRICT--,,,,, a. w_ caKM�Rc,n� aY, TIOARD• QRea,,, 97223 PM13N1 (5o,) b39-ISSa LEGAL DESCRIPTION Site for John Tigard house Beginning at a point 25 feet south and 25 feet west of the Northeast corner of Lot 5, TIGARDVILLE HEIGHTS, a Plat of record in Section 11, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence south 100 feet; thence west 136 feet to the east line of that parcel of land described i.ri Book 529, Page 452, Deed Records of Washington County; thence North 010 19' East, along said east line, 100 feet to the south, boundary line of S. W. Canterbury Lane; thence North 890 33 ' East, along said south boundary line of S. W. Canterbury Lane, 136 feet to the point of beginning; containing 0. 31 acres. 7149 4 0 an FRT � 5P Exhibit "A" 04/25/2001 11: 43 5035822443 HOUSTONS PAGE 08 . 1 CITY OF TIGARD P.O. Box 23397 12420 S.W. Main Tigard, Oregon 97223 March 12, 1979 Tigard Area Historical & Preservation Association 2042 S.W. Custer Street Portland, Oregon 97219 Re: CU 5-79 - John Tigard Home To Whom It May Concern: Please be advised that the Tigard planning Commission at their regular meeting of March 6, 1979, approved your request for a cenditi.onal use permit for the above referenced project_ This approval is subject to the following conditions: 1. That the-approval of the conditional use be subject to the approval of the minor land partition if found to be applicahle by the applicant's and land owner's attorneys. 2. That this be resolved between staff and the applicant so fax as appropriate number of accesses whatever is reasonably Possible in view of the special nature of the building. . 3. That half street improvements be made along S.W. Canterbury Lane to City local street standards prior to final building inspection. 4. That five feet of right-of-way be dedicated 'with half street .improvements to City standards along S.w. 103rd prior to final building inspection. 5. That all utilities be subsurface and street lights provided. 6. Utilities be installed prior to final building inspection. 7. That the fire marshall approve site and building prior to final building inspection. 8- That construction and drainage and sewage drainage plans be sub- mitted and approved by the City's building and engineering departments with necessary bonds prior to final building inspection. Exhibit "B" 04/25/2001 11:43 5035822443 HOUSTONS PAGE 09 IL JOHN TIGARD lioME CU 5-79 March 12,, 1979 Page 2 9. That landscaping plan and emplacement be approved prior to final building inspection. The conditional use permit shall expire in one year from the date of .approval, if the use has not begun and continual progress towards its full operation is not in evidence. If we can be of any further assistance, please do not hesitate to contact this Office at 639-4171. Sincerely, . Ken Selby Associate City Planner YS--db CC; Bob Santee Tigard Water District Note: The following acknowledgement must be received by the City of Tigard within fourteen (14) days of your receipt of this letter. Failure to return this acknowledgement may result in action by the City of Tigard. I hereby acknowledge this letter documenting the action of the Tigard Planning Commission. I have received and read this letter, and I agree to the decision here documented and to abide by any terms and/or conditions attached. Signature (applicant) Date Signature. (owner) Date 04/25/2001 11:43 5635822x43 HOUSTONS PAGE 10 ' Oregon HistOrical Society A 1230 S.W. Park Avenue - Portland, Oregon 97205 • (503) 222-1741 • Cable: Nistore THOMAS VAUGHAN Executive Director, Editor-in-Chief Oregon Hislarical Quartorly February 9, 1979 Tigard Water District Tigard, Oregon 97223 Gentlemen: Please be advised by this letter that the Oregon Historical Society will undertake to act as guarantor in the matter of the John Tigard House project undertaken .by the Tigard Area Historical and Preservation Association and subject to the approval of the State Historic Preservation Office of Oregon. By acting as guarantor the Oregon Historical Society accepts the responsibility of the ultimate disposition of the John Tigard House should the Tigard Area Historical and Preservation Society be dissolved or be otherwise unable to perform its stated function with regard to the John Tigard House. The assumption of this responsiblity protects the Tigard Water District from liability for the project in any way including upkeep of the property_ The Society will oversee return of the property to the Tigard Water District should he project be concluded. Sin ely, ^9a gExe&cutlive Director With which are now incurporated'rhe Battleship Oregon Musewn.orugon Geographic t%lowes Huard. Oregon Landmarks committee,Oregon Lewis acid Clark Trail Havitop Foundation Committee, North Pacific(Irkutsk)Archival Research Group Exhibit C 04/25/2001 11:43 5035822443 HOUSTONS PAGE 01 a , TigardI Area Historical Association Fax Cover Date: 2S j Fag#:__- f 7Zc t 7 From.: 44� s l l Z � XY-611 1 Subject: A .�e�-� /© Pscam►--