Correspondence r
<I
IVll
CITY OF TIGARD
August 13, 2003 OREGON
Ann Short
Community of Christ Church
5321 Windsor Terr.
West Linn, OR 97068
•
Re: Church Addition
Project Information
Address: 13855 SW Pacific Hwy. Type of Construction: VN
Permit #: BUP2003 -00391 Sprinklered: No
Occupancy: A -3 Stories: 1
Occupant Load: 255 Floor Area: 2,066 Sq. Ft.
Fire Walls: 2 -Hour Area Separation Wall
Between Existing and New
The City of Tigard Building Division has reviewed the submitted building plans for
the above referenced address in accordance with the Oregon Structural
Specialty Code (OSSC), 1998 edition and Uniform Fire Code (UFC) as amended
by Tualatin Valley Fire & Rescue. The plans are approved subject to the
following conditions.
1. The required 2 -Hour area separation wall shall be continuous from the
foundation to a height of at least 30 inches above the roof. The wall shall be
continuous from the north exterior walls to the existing south exterior wall.
Openings in this wall shall be protected by fire- assemblies having a rating of
not less than 90- minutes.
2. The structural change of the east exterior wall now requires Simpson Set
Epoxy anchors to be installed to facilitate the shearwall holdowns. Special
inspection is required for this installation. The special inspection agency has
been identified as Carlson Testing, Inc. All inspection records shall be
forwarded to the attention of Hap Watkins, Supervising Inspector at 13125
SW Hall Blvd., Tigard, OR 97223.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772
3. A minimum of one (1) "Van Accessible" parking space is required at least nine
(9) feet wide with an adjacent access aisle on the passenger side of not less
than eight (8) feet wide. Please revise the drawings to show compliance.
OSSC 1104.1 and ORS 447.233.
4. The steeple has been identified as a Deferred Submittal. The structural
calculations and drawings for the design and attachment to the roof structure
shall be designed by, and bear the stamp of an engineer licensed by the
State of Oregon. OSSC 106.3.2
5. The exit doors shall be provided with panic hardware in accordance with
OSSC 1003.3.1.8
6. Exit signs shall be located to clearly indicate the direction of egress travel.
The graphics, illumination and power source shall be in accordance with
OSSC Sections 1003.2.8.3, 1003.2.8.4 and 1003.2.8.5.
7. The means of egress shall be illuminated at an intensity of not less than 1
foot - candle at the floor level. The power supply for illumination shall normally
be provided by the premises' electrical supply. In the event of its failure,
illumination shall be automatically provided from an emergency system.
OSSC 1003.2.9.1 and 1003.2.9.2 r'
8. The brick veneer shall be installed in accordance with OSSC 1403.4 through
1403.6. These requirements are attached. r,
9. Minimum 2A,10BC fire extinguishers shall be provided throughout the building
so the travel distance between extinguishers does not exceed 75 feet. UFC
Standard 10 -1.
10. Handles, pulls, latches, locks and other operating devices on doors, cabinets,
plumbing fixtures and storage facilities shall have level or other shape
permitting operation by wrist or arm pressure and not require tight grasping,
pinching or twisting to_operate. OSSC 1109.3.1.
11. Mounting heights for environmental and other controls, dispensers, electrical
and communication equipment system receptacles on walls and other
operable equipment shall be within at least one of the reach ranges specified
in Section 1109.2, and not less than 36 inches above the floor. OSSC
1109.3.2.
12. Floor coverings and surfaces shall comply with OSSC 1109.6 for accessibility.
(r'
13. Doors shall comply with the requirements of 1109.9 for width, maneuvering
clearances, thresholds, closers, hardware and opening force. The opening
force for exterior doors shall not exceed 8 % pounds and interior door 5
pounds.
14. The accessible ramps to the elevated platform shall not exceed a slope of 1 in
12 (8.33 %). There shall be landings of not less than 60- inches by 60- inches
at the top and bottom. Handrails shall be provided on each side of the ramps.
OSSC 1109.7
15.A copy of the approved plans shall be on the job site at all times and available
to the City of Tigard inspectors for inspection purposes. OSSC Section
106.4.2
16.A final inspection and Certificate of Occupancy is required prior to occupying
for the intended use of this building or parts thereof. OSSC Section 109.1
If you have questions regarding this review, please call me at (503) 718 -2448.
•
Sincerely,
t-
Gary Lampella
Building Official
c. Hap Watkins, Supervising Inspector
File
- � /��liilc�;;lj�ll
August 11, 2003 CITY OF TIGARD
Ann Short OREGON
5321 Windsor Terrace
West Linn, OR 97068
•
TRAFFIC IMPACT FEE FOR COMMUNITY OF CHRIST CHURCH, 13855 SW PACIFIC
HWY.
Enclosed with this letter you will find a calculation sheet showing the computation that has
been performed to determine the amount of the Traffic Impact Fee (TIF) to be paid for the
project noted above. The amount of the TIF is $757.00.
You have two payment options available to you. The first is to pay the TIF at the time you
are issued a building permit. The second is to arrange for payment over time by signing a
promissory note (if you wish to exercise this second option please contact me for additional
details).
Please note that you may appeal the discretionary decisions made in determining the
appropriate category and the amount of the fee based on that category. A notice of appeal
must be received by the City Recorder no later than 5:00 p.m. on August 25, 2003, and must
be accompanied by the $1,170.00 appeal fee required by Washington County. Although
filed with the City Recorder, an appeal would be heard by the Washington County Hearings
Officer.
Also enclosed with this letter, you will find a "Countywide Traffic Impact Fee Payment Option
Form ". Please choose a payment option, obtain necessary signatures, and return to me as
soon as possible. We must receive this form before permits can be issued.
If you have any questions, please contact me at 639 -4171.
t
,/
J rree Ga nor ‘
ecutive Assistant
Enclosures (2)
c: TIF file
Building file
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772
DATE: g, 11_03 ziplSp.AiD3 _0(23q/
PROJECT TITLE:
COUNTYWIDE &orint o ff ' 61.1 r,S( 0/tare/Li
TRAFFIC IMPACT FEE
WORKSHEET APPLICANT:
tYIOreWil d &Yon A h i 7o etti lO �r-
(FOR NON - SINGLE FAMILY USES) weAD8REsk .qk
CITY/ZIP/PHONO/ 444, v (4)14 9 ¢G G3
TAX MAP NO.: oi DD - DD/;bD
SITES NO.ADDRESS: IJ 7 //^ ''
LAND USE CATEGORY RATE PER TRIP / 3 S"56 S /,J PA 4•• & h c
RESIDENTIAL $ 253.00
BUSINESS AND COMMERCIAL $ 64.00
OFFICE $ 233.00
INDUSTRIAL $ 244.00
•
4 INSTITUTIONAL $„1.D619O qq, 00
_PAYMENT METHOD:
CASH /CHECK
CREDIT
BANCROFT (PROMISSORY NOTE)
INSTITUTIONAL ONLY:
DEFER TO OCCUPANCY LAND gsg CA TEGORY I DE (i 8 k O USE I TREE RATE 70 1 WEEKk AVG. TRIP RATE
BASIS:
gdch cplo(o 6 96 54hehtito .
CALCULATIONS:
T 1 F = w Kda fri'p r4+e + c.11(4 d -4r;r, 4 T G• S. ra 1 per -h-d h
7
Ti 7. + 1St•1� L p•o44 a< s ff. o0
7
PROJECT TRIP ON
FEE: $7 S / • O
•
FOR ACCOUNTING PURPOSES ONLY
ADDITIONAL NOTES:
ROAD AMT.: $ / 1 • 0 0
TRANSIT AMT.: / 1 3 • 0
P EPARE ) :
(-■/
• . CITY OF TIGARD
March 18, 2003 OREGON
Community of Christ Church
Attn: Ann Short
5321 Windsor Terrace
West Linn, OR 97068
RE: Sanctuary Addition - Minor Modification Request, Case File No. MMD2003 -00006
Dear Ms. Short:
This letter is in response to your request for a Minor Modification (MMD2003- 00006) of the
existing Community of Christ Church building located at 13855 SW Pacific Highway, WCTM
2S103DD, Tax Lot 00900. You have requested a small expansion of the church along with
associated facade changes. The submitted site plans reflect the current conditions as well as the
proposed modifications.
Analysis of Modification Request:
Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states;
"any modification which is not within the description of a major modification as provided in section
18.360.050 shall be considered a minor modification."
Section 18.360.050 states that the Director shall determine that a major modification(s) has
resulted if one (1) or more of the changes listed below have been proposed:
1. An increase in dwelling unit density or lot coverage for residential development.
The proposal does not involve residential property. Therefore, this standard does not
apply.
2. A change in the ratio or number of different types of dwelling units. This criterion is
not applicable, as this request does not involve a residential development.
3. A change that requires additional on -site parking in accordance with Chapter
18.765. The proposal includes creating 1900 additional square feet of sanctuary space,
with no net increase in required parking. The reason for this is, even though the size of
the sanctuary will increase by 490 square feet the number of seats within the sanctuary
is not going to change. Since the parking for religious institutions is based on the
number of seats in the main sanctuary, no additional on site parking is required.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 - _ : -
a4c45 4/.0
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code. No change in the structural occupancy type of the buildings is
proposed. Therefore, this criterion is not applicable.
5. An increase in the height of the building(s) by more than 20 percent. The
applicant's plans indicate that the existing building is 18'6" in height. The proposed new
addition, at the high point will be 22'. or an 18.9% increase. Therefore, this standard is
met.
6. A change in the type and location of accessways and parking areas where off -site
traffic would be affected. This application will not affect driveways, accessways or
parking aisles. Three parking spaces will be relocated and landscaping will be slightly
increased, but off site traffic will not be affected. Therefore, this standard is satisfied.
7. An increase in_ vehicular traffic to and from the site and the increase can be
expected to exceed 100 vehicles per day. There is no change to the type or intensity
of use proposed. The congregation size will not be increased. The proposed
modification is to allow the construction of a more suitable sanctuary space for the
existing church. This modification will not generate significant additional vehicle trips.
Therefore, this criterion is met.
8. An increase in the floor areas proposed for a non - residential use by more than ten
percent excluding expansions under 5,000 square feet. The proposal will expand the .
square footage of the building approximately 1,900 square feet, which is below. the 5,000
square foot threshold. Therefore, this standard is met.
9. A reduction in the area reserved for common open space and /or usable open
space that reduces the open space area below the minimum required by the code
or reduces the open space areas by more than ten percent. The proposal will not
reduce existing open space areas and will slightly increase landscaping by removing the
circular driveway presently located at the front of the building. This driveway served as a
drop off for the prior school use, but has no current function. The site presently exceeds
• the 15% landscaping requirement, in compliance with code requirements.
10. A reduction of project amenities (recreational facilities, screening; and /or,
landscaping provisions) below the minimum established by the code or by more
than ten percent where specified in the site plan. The proposed modifications to the
site will not reduce or eliminate project amenities. Recreational facilities, screening, and
landscaping will not be detrimentally affected. Therefore this criterion is met.
11 A modification to the conditions imposed at the time of Site Development Review
approval that is not the subject of criteria (B). 1 through 10 above. The modification
will not impact any of the conditions of approval for the original SDR38 -79.
THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO
THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR
BUILDING PERMIT APPLICATION.
Limitations on Minor Modification Approval
This approval is based on the plans and drawings submitted, as well as the statement provided
by the applicant. Deviation from these documents shall render this decision void.
Page 2 of 3
This request is determined to be a minor modification to an existing site. The Director's designee
has determined that the proposed minor modification of this existing site will continue to promote
the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding .
properties provided that, development which occurs after this decision complies with all applicable
local, state, and federal laws.
If you need additional information or have any questions, please feel free to call me at
(503) 639 -4171 ext. 2428.
Sincerely,
organ Tracy
Associate Planner
\ \tig333 \usr\depts \curpin \morgan \workspace\mmd \mmd2003 -00006 (community of christ church).doc
Page 3 of 3
' Y
Connrnrnifi o C
March 17, 2003
Building Department
13125 SW Hall Blvd.
City of Tigard
To Whom It May Concern:
Tuality Community of Christ has applied for a Minor Modification to add a sanctuary to
its existing building at 13855 SW Pacific Highway. In order to facilitate our
congregation and its worship needs, we request permission to build a 2100 square foot
chapel. This size would normally cause the chapel to be given an A -2.1 designation,
however we would like to be considered for A -3 designation based of our use of the new
building.
We are hereby asking the building department to consider the following areas as being
outside the assembly area which is given an occupant load factor of 7 (sq. ft. /person)
*The area of the baptismal font is used only once per year and only two persons
are in that area for a baptism. This area comprises an area of 150 sq. ft and is indicated
on the enclosed diagram. A curtain is used to denote non -use except in baptismal
services.
*The area of the rostrum is reserved for those participating in a service, including
the minister and two others invoking and benedicting the service. Communion is served
in the assembly area by passing the bread and wine. Congregants do not enter the area of
the rostrum for this purpose.
*Two rooms within the chapel are separated and should not be counted as part of
the assembly occupant load. One is for HVAC and the other is for the ministers to
prepare for the service before entering the rostrom.
*If these areas are excluded from the assembly occupancy load, the area of
assembly occupancy is 1700 sq. ft.
Please send any responses to our building contact person, Ann Short at 5321 Windsor
Terrace, West Linn, OR 97068. or contact her @ 503- 657 -4974.
Thank you for your consideration.
Rick Taylor, Pastor
•
•
PROPOSAL FOR ADDITION OF SANCTUARY
FOR
TUALITY COMMUNITY OF CHRIST CHURCH
Tuality Community of Christ Church . proposes the addition of a 1900 square foot
sanctuary to be erected at the front of its existing building at 13855 SW Pacific Highway
in the City of Tigard.
Previous communication with City of Tigard: We have enclosed notes from a previous
pre -app meeting with the City of Tigard dated 4/12/02 for your reference on this project.
This is the third and final stage of TCC's remodel of the former day building into a
church. To date TCC has completed Change of Use and Code Compliance requirements
for conversion to a church. A current building permit is issued for conversion of a former
swimming pool to usable rooms.
Building Usage: The new sanctuary will replace the room at the rear of the building as
the sanctuary for worship services. The 1410 sq. ft. room at the rear of the building will
be used for dinners and social activities. The two rooms will not be used at the same
time. Classroom usage will remain the same.
Congregation Size: Request for the addition of a chapel does not reflect a change in the
congregation size, rather a desire to build a sanctuary more conducive to the worship
experience.
Building appearance: The front of the new sanctuary will extend 38' from the front of
the existing building. Height of the existing building is 18' 6 "'. The new building height
will be 22'.
The existing siding style of 6' beveled cedar siding will be continued on the sides of the
new structure. The .front of the structure will show four windows arranged around a
cross. They will have a stained glass appearance. The north and south sides of the new
structure will have two 8'arched windows, also with stained glass appearance:
- The building will have a double door entrance on the south side. A . 6' sidewalk will _
approach the building under a covered porch roof..
Parking: TCC has a perpetual reciprocal parking agreement with the owners of Gaarde
Plaza shopping. center. (See enclosed agreement) This agreement gives TCC access to a
total of 74 parking spaces. The new structure will displace the three parking spaces
directly in front of the existing building. TCC proposes to re -stripe the parking spaces
along the south side .of its property to regain 2 of these spaces. TCC also proposes to add
6 parking spaces along the planting bed to the west of the existing building.
•
Relocation of existing utilities. TCC has contacted PGE and will pay for and work with
PGE to relocate the transformer which will be displaced by the new structure. We have
enclosed a letter from PGE reflecting this arrangement. Note new location per site plan.
Landscaping: Areas currently covered by asphalt as part of the circular drive at the front
of the building will be converted to landscaping to enhance the beauty of the new
structure and maintain the necessary percentage of landscaped areas.
•
ENT 8Y: NICOLI ENGINEERING, INC.; 503 684 3636; JUL -23 -03 2:36PM; PAGE 2/2
NicoIiEngineering,rnc.
Po Bo
Box 23784 Tigard; Oregon 97281 • Phone: (503) 820-2088 • Fax: (503) 684 -3638
July 23, 2003 NEI# 03 -0114
• City of Tigard
13125 SW Hall Blvd.
• Tigard, OR 97223
Attn: Gary Lampella,
Building Official
Re: Tuality Community of Christ Church
Proposed Addition
Dear Mr. Lampella:
We have been contacted by Ms. Ann Short, a representative of the Tuality Community
of Christ Church, to provide a letter to you claiming our company as Engineer of
Record for the above project. Our involvement with the project was for the structural
(lateral and gravity) design of the addition only. All other aspects of the project, such as
the planning requirements, site improvements, fire and life safety, and preparation 'of
documents, was beyond the scope of our involvement.
With that said, Nicoll Engineering, Inc. can be listed as the engineer and does not take
issue with being listed as the Engineer of Record for the project as it pertains only to
structural design.
If you have any questions, please feel free to contact me at the above number.
• Sincerely,
Jim Andrews,
President
JDA/dhl
•
•
X1102 'Nab/ CCR9n d aim Rroom' AAoe�I etl�X Gaya X10 o779o$ eeo
•
06/2/2003 23:13 5036266320 FOREFRONT PAGE 01
•
RECIPROCAL EASEMENT AGREEMENT
DATED: September 30, 2002 4
PARTIES: D W Sivers Company, an Oregon Corporation ( "Sivas ") r 1:5 1
AND: Reorganized Church of Jesus Christ of Latter Day Saints, an Iowa � \�\
Corporation registered to do business in Oregon ( "CoC1 `l C pt \
RECITALS:
R -1. Sivers is the owner of the following described 1.114 acre parcel of real property situated in
Washington County, Oregon (hereinafter called "Parcel 1"):
• PARCEL 1: LEGAL DESCRIPTION
•
A tract of land in the Southeast Quarter of Section 3, Township 2 South, Range 1 West of the Willamette
Meridian, City of Tigard, County of Washington and State of Oregon, being all of Parcel I and a portion of
Parcel II of those.lands described in Document No. 99073900, Washington County Deed Records, more
particularly described as follows:
•
Beginning at Southeast corner of Lot 22, GAARDE PARK, a duly recorded plat in Washington County;
thence along the East line of Lot 22, Tract "D" and Lot 23, thereof North 00 °27'30" East, 213.38 feet;
thence South 28 °47'40" Bast, 2.69 feet; thence South 77°30'21" East, 60.20 feet; thence South 701'36'
East, 267,87 feet to a point on the Northwesterly right of way line of SW Pacific Highway (Highway 99W),
being 40.00 feet from the centerline thereof; thence along said Northwesterly right of way line South
33 °57'00" West, 145.91 feet to the Southeast corner of Parcel I, aforesaid: thence along the South line of
said Parcel, North 89 °42'00" West, 13.78 feet; thence leaving said South line South 33°24'00" West, 5932
feet thence South 56 °54'00" East, 2.10 feet; thence South 33°24'00" West, 2.00 feet; thence North
56 °54'00" West, 9.20 feet; thence North 33 °24'00" East, 2.00 feet thence South 56 °54'00" East, 6.60 feet;
thence North 33°24'00" East, 59.00 feet; thence North 89 °42'00" West, 222.12 feet to the point of
beginning. Containing therein 1.114 acres, more or less.
•
R -2. CoC is the owner of the following described 0.82 acre parcel of real property situated in
Washington County, Oregon (hereinafter called "Parcel 2 "):
• • PARCEL II: LEGAL DESCRIPTION:
A tract of land in the Southeast Quarter of Section 3, Township 2 South, Range 1 West of the
Willamette Meridian, City of Tigard, County of Washington and State of Oregon, being a portion
of those lands described in Parcel II, Document No. 99073900, Washington County Deed
Records, more particularly described as follows:
Beginning at the Southeast corner of Lot 22, GAARDE PARK, a duly recorded subdivision in
Washington County; thence along the South line of Lots 22, 21, 20, and 19 of GAARDE PARK,
North 89°42'00" West, 190.06 feet to the Northeast corner of Lot 16, GAARDE PARK; thence
along the East line of Lots 16 and 15 thereof South 00°27'30" West, 90.00 feet thence South
89°42'00" East, 366.90 feet to the Northwesterly right of way line of SW Pacific Highway
(Highway 99W), being 40.00 feet from the centerline thereof thence along said Northwesterly
right of way line North 33 °57'00" East, 108.12 feet to the Northeast corner of said Parcel II;
thence along the North line thereof North 89 °42'00" West, 13.78 feet; thence leaving said North
line South 33 °24'00" West, 59.32 feet; thence South 56 °54'00" East, 2.10 feet; thence South ' ' •
C W1NDOWS1TEMP'IOWPREC C1Ot1ST -2.DOC n ( ` 5'/,/'2- 07 , 0 .
Pas°
2002
06/23/2003 23:13 5036266320 FOREFRONT PAGE 02
33 °24'00" West, 2.00 feet; thence North 56 °54'00" West, 9.20 fat; thence North 33 °24'00" Bast,
2.00 feet; thence South 56 °54'00° East, 6.60 feet; thence North 33 °24'00" East, 59,00 feet; thence
North 89 °42'00" West, 222.12 feet to the point of beginning. Containing therein 0.820 acres, more
or less.
•
R-3. Parcel 1 and Parcel 2 share access roads, parking lots, sidewalks, and utility lines.
R-4. The parties desire to provide easements to each other in connection with their ownership of
Parcels 1 and 2 to provide access,' parking, and utility services subject to the terms and
conditions contained herein.
AGREEMENTS;
A -1 Incorporation of Recitals. The foregoing recitals are hereby incorporated.
A-2, Easements.
A -2-a. Easements from CoC to Sivers
CoC grants to Sivers an easement for ingress, egress, parking, and pedestrian
access that shall include its tenants, employees, invitees, visitors, assignees, and
licensees for the purpose of vehicular and pedestrian access to Parcel 2 and the
improvements now or hereinafter situated on Parcel 2 and for temporary parking
in designated parking spaces in connection with business uses, and for all other
legal purposes connected with the use of Parcel 1, to pass, and re -pass, along and
over all driveways, roadways, parlong lots and sidewalks, and to park
temporarily in designated parking spaces, now existing or hereinafter constructed
on Parcel 2. Additionally, CoC grants to Sivers an easement for surface drainage
and all utility lines and pipes over, under and across Parcel 2 where the same are
now situated for the purpose of, including, but not limited to, providing water,
sanitary sewer, storm sewer, electricity, telephone, gas, and cable service
( collectively "utility services ") to Parcel 1.
A-2-b. Easements from Sivers to CoC
Sivers grants to CoC an easement for ingress, egress, parking, and pedestrian
access that shall include its tenants, employees, invitees, visitors, assignees, and
licensees for the purpose of vehicular and pedestrian access to Parcel 1 and the
improvements now or hereinafter situated on Parcel 1 and for temporary parking
in designated parking spaces in connection with business uses, and for all other
legal purposes connected with the use of Parcel 2, to pass, and re -pass, along and
• over all driveways, roadways, parking lots and sidewalks, and to park
temporarily in designated parking spaces, now existing or hereinafter constructed
on Parcel 1. Additionally, Sivers grants to CoC an easement for surface drainage
and all utility lines and pipes over, under and across Parcel 1 where the same are
now situated for the purpose of; including, but not limited to, providing water,
sanitary sewer, storm sewer, electricity, telephone, gas, and cable service
(collectively "utility services") to Parcel 2.
A -3 Definition of Common Areas. "Common Areas' as used herein shall mean all of Parcels 1
and 2 that are not improved with a structure.
CAWI4DOWS\TEMPlcWPRat1'CHRIST 2.DOC
Me 2
September 30, 2002
06/23/2003 23:13 5036266320 FOREFRONT PAGE 03
A-4 Easement to Run with the Land These easements shall run with the land and shall be
binding on the pasties, their successors and assigns. •
A -5 Scope of Easements. The foregoing' easements are non-exclusive.
A-6 Shared Costs The parties agree that Sivers shall contract for the following work with respect
to the Common Areas and shall pay 58.163 % of the cost thereof. CoC shall pay 41 .837 % of the
cost thereof within 20 business days of receipt of an invoice thereof, or, at Sivers discretion, CoC
shall pay an estimated monthly cost that shall be reconciled not less than once yearly, refunding
any overpayment or collecting any underpayment. In the event that Sivers does not timely
contract for work necessary for the proper repair, maintenance and upkeep of the Common Areas,
CoC shall provide a thirty (30) day written notice of the necessity of such repair, maintenance,
and upkeep. Upon receipt of such notice, if Sivers does not contract for said work within the
required thirty days, CoC shall have the right to contract for said work and, upon providing Sivers
with documentation acceptable to Sivers confirming said work, collect 58.163% of the cost
thereof within twenty (20)days of receipt of invoice and said documentation by Sivers.
• • A-6-a Parking lot sweeping •
A-6-b Parking lot illumination, if jointly metered.
A- 6- c Repairs of common utility lines.
A -6-d The costs of striping, maintaining and replacing those portions of the driveways,
roadways, parking areas, sidewalks, and surface drainage systems over the
respective easements herein granted, together With the cement approach and any
sidewalk forming a part of said driveway and over which same extends.
A-6-e Landscaping costs, including irrigation water, for parking lot plantings.
•
A -7 Separate Costs The parties agree that each party shall contract for the following work with
respect to the Common Areas separately and assume the cost thereof.
A -7-a. Liability insurance for its portion of the Common Areas. Each party at its own
cost and expense, shall maintain at all times a policy of Commercial General
Liability insurance on its own parcel. Each party aclmowledges that it holds the
primary responsibility for its own employees, invitees, visitors and guests. The
initial amount of such insurance shall be at least $2,000,000, and shall be subject .
to periodic increase based upon inflation, increased liability awards,
recommendation of professional insurance advisers, and other relevant factors.
Said policies shall be on Insurance Services Office, Inc. (ISO) form CG 0001
0196 or an equivalent occurrence -basis Commercial General Liability insurance
policy form and shall be with companies having a policyholders' rating of no less
than "A" in the most current edition of Bests Insurance Reports. Each party
shall deliver to the other a certificate of insurance giving evidence of Insurance
(in form ACORD 25). This certification shall state that the coverage shall not be
canceled or materially changed without 30 days advance written notice from
either party to the other.
A -7 -b. Landscaping cost for its portion of the Common Areas
A-8 Prior Easements. These easements are granted subject to all prior easements of record.
CIWJNDOWS1TEMPIGWPRWINCHRIST- -2.DOC
Page 3
Scptee4Dv 30, 2
06/23/2003 23:13 5036266320 FOREFRONT PAGE 04
A-9 Security Interest. Neither party shall be required to subordinate its interest in this
Agreement to any mortgage or security interest.
A -10 Notices. All required notices under this Agreement shall be in writing and shall be
personally delivered or sent by certified mail, return receipt requested, postage prepaid.
Notices to Sivera shall be delivered to
D W Sivers Co.
4730 SW Macadam Ave.. Suite 101
Portland, OR 97201
Phone: (503) 223 2680
FAX: (503) 223 2750;
notices to CoC Shall be delivered to: •
Legal Services
Community of Christ •
• . 1001 West Walnut •
Independence, MO 64058.. •
Phone: (816) 833 1000 x2230 •
FAX: (816) 521 3099;
•
with duplicate . notices to be sent to:
Community of Christ
13855 SW Pacific Hwy.
Tigard, OR 97223;
or to such other address as shall be provided, in writing, from one party to the other from
time to time. All notices shall be effective upon delivery or attempted delivery.
•
A-11 Severability. A determination by a court of competent jurisdiction that any provision of
this Agreement or any part thereof is illegal or unenforceable shall not cancel or invalidate
the remainder of such provision or this Agreement, which shall remain in full force and
effect.
A -12 Attorney Fees. In the event action is instituted to enforce any term of this agreement, the
prevailing party shall recover from the losing party reasonable attorney fees incurred in such
action as set by the trial court, and in the event of an appeal, as set by the appellate courts: "
•
•
•
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September 30, 2002
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If either Party signs as:a corporation, partnership, or other legal entity (collectively "entity"),
each of the persons executing this Agreement on behalf of said entity does hereby covenant and
warrant that said entity is duly authorized and existing, and has been, and is, qualified to do
business in the state of Oregon, that the entity has full right and authority to enter into this
Agreement, and that each and both of the persons signing on behalf of the entity were authorized
to do so.
D W Sivers Company, Inc. Reorganized Church of Jesus Christ of Latter
Day Saints .
.,--estscr,77,,.. ..___,___—,
Dennis W. Sivers, President Larry , Presiding Bishop
•
STATE OF Oregon . )
•
.) se.
County of Multnomah ) -
. The foregoing instrument was acknowledged before me this day of , 2002 by
Dennis W. Sivers. .
•
Notary Public for Oregon ,
•
STATE OF j t1. )
) as.
"
County of &)Ji }
The • .. • ing instrument was acknowledged before me this / day of , 20Q2 by
orris
/ /
! .1 - _ i ____
Notary Publi I or 4, •
PENNY lw EDW ARDS
. Now : :: Jackson Count/
Convrission" k $711 14 EON
A ir - June 18, KW .
C:1WMDOW81 flRJST 2.bOC -
Pages
Sepeomber 30, 2002