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Correspondence esc0 S tom' -8 6 Tod July 20, 1998 CITY OF TIG ARD OREGON Carlson Testing P.O. Box 23814 Tigard, OR 97281 , PERMIT NO: 98 -0247 � G r— 0 0- t) OWNER: Western Family Foods -'f � PROJECT ADDRESS: -- &709-SW Sandburg PROJECT DESCRIPTION: Office/Warehouse TYPES OF SPECIAL INSPECTION: Strutural special inspections The owner has notified us that he /she will retain your services to perform Special Inspections in accordance • with the provisions of the State Building Code, permit documents, and special inspection requirements. The owner or the owner's agent must also confirm with you that they have authorized you to do the special. inspection work. • As the regulatory agency, the City requires that you do the following: 1. Submit copies of all inspection reports promptly to the Building Division, architect, engineer, and the contractor. 2. Maintain one copy of each field report at the job site. 3. Submit a final report at the completion of each category of work that you inspect. (See U.B.C. 3318 for soils special inspection final report requirements). If you fail to comply with the above requirements, there may be cause for the City to revoke your authority as special inspector for this job. Should you have any questions, please call the Building Division at (503) 639 -4171. Sincerely, R ert Poskin, CBO Senior Plans Examiner Enclosure is ofsltemplate %notify.aa • 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 N , CITY OF TIGARD A Program for Inspection Services and/or Material Testing Date: (o ,19 City of Tigard: Plan Ck. No. Bup No. 14 -0241 Sit No. Project Title: lAroomr.a ravuo Gmpio4 Address &7 0 0 5 W. s )1,.. . . - Architect of Record f4rraom Ph. 2As -1too address: 4420 sco AMca�.►.r, Structural Engineer of Record: t la+.) ,c • Ph. 244- 2 `' ( . , address: q37.49 Sw "alatillak Geo- Technical Engineer of Record: .4 &Or Ph. address: Provide the following information for the testing agency chosen to provide inspection services and/or testing. O Testing Agency: C-a r15op Ph. lo 84' �aa. 478 4 — 0154- address r a. 156x 2. 3 s 14 TtAA .P OR- 4 7 ZF, I Geo-Technical Agency: AGRA% Ph. 3q- moo Fax. address 1411 S W -het,µ Gnu e. 01z. • f6f2a4erN0, Ott . The owner certifies that the above noted Agency has been employed to conduct the special inspections or observations required herein. / 4 " _ ) P.. 3o6 - - 17 / 4 ( awreIOwn Phone No. � Date o D S .G Print name Company name The following is a list of special inspection and/or services required by the 1996 Oregon Structural Specialty Code and Tigard's Municipal Code 14.06.010 through 14.06.040. The special inspections and/or testing services required for this project to be provided by the Testing Agency, Structural Engineer or Geo- Technical Engineer of Record are as follows: • Special Inspectors for the Testing Agency shall be qualified, to the satisfaction of the Building Official, for inspections of the particular type of construction or operation. • Special inspectors shall observe the work assigned herein for conformance with the approved plans and specifications and, submit copies of all inspection reports and a final signed report in accordance with OSSC, Section 1701.3 to the building official. • Structural Inspections Services and Material Testing Cat o ._ eq eS � ' ..:: • = __ � - -: : _ -; Descnp of - _�� = : :�; __: .R =__ _ _ - Yes /No • 1. Concrete. OSSC, Section 1701.5.1 and Section 1903, 1904 and 1905 a. Review concrete mix designs b. Inspect the placing of reinforced concrete. C Observe the taking of test specimens. d. Eiwse* 2 Awn) Dza,..1,..3 4. Sr- i ci or st )t 2. Bolts Installed in concrete. OSSC, Section 1701.5.2 S Prior to and during the placement of concrete around bolts when stresses permitted by section 1925 are utilized. b. 3. Special Moment - resisting Frame. OSSC, Section 1701.5.3 and section 1921.9 a Provide continuous inspection of the placement of reinforcing steel and concrete, and submit a certificate indicating compliance. b. 4. Reinforcing Steel and Pre - Stressing Steel Tendons. OSSC, Section 1701.5.4 a. Inspection of reinforcing steel and pre stressing tendons before stressing and grouting of tendons in pre stressed concrete b. Observe and record results of all tendon stressing in pre stressed concrete. C Observe grouting of all tendons in pre stressed concrete d. 5. Structural Welding. OSSC, Section 1701.5.5 and Section 1703 a Observe the welding of any member or connection designed to resist ` J loads and forces required by the OSSC. b. Visually inspect floor and roof deck welding. • C. Visually inspect welded studs when used for structural diaphragm or composite systems. (shear walls) d. Visually inspect welding of stairs and railing systems. _ e. Check certification of welders doing work on site. f Visually inspect the welding of studs and joist. (part of a.) Observe the welding of special moment - resisting steel frames, and g' conduct non - destructive testing required by OSSC, section 1703. h. Observe the welding of reinforcing steel. 1. Category...:. _:.. = Description .of Services = Required vi . • - ,. -- _ ....: -.. Yes /No -..• f"--e o ke -560fr -S7L -444aH June 29, 1998 CITY OF TIO� Ankrom Moisan Assc., Architects OREG 6720 SW Macadam #100 Portland, OR 97219 RE: Western Family Foods Building Plan Review —6700 SW Sandburg • PC #: 6 -76c BUP #: 98 -0247 Use: B Area: 36000 sq. ft. Construction: VN Fully sprinklered Stories: 2 Occupancy Load: 362 Submittal documents for the above referenced project have been reviewed for conformance with the applicable 1996 Oregon Specialty Codes and other applicable codes and standards. The following comments are noted: [ACCESSIBILITY - _: Drawing A5.5 does not show in detail compliance with OSSC, Section 1109. Provide details. Shower stalls for both male and female shall comply with OSSC, Section 1109.10.10. The environmental control (thermostat) and lighting controls shall not be located more than 54" above finished floor for accessible side reach approach or 44" for forward approach [OSSC, Section 1109.2.3.6]. ENERGY COMPLIANCE . 1. Submit completed Energy Compliance Forms 2a, 3a, 3b, 4a through 4j, and 5a through 5c from the April 1, 1996 Revised Oregon Energy Code. FIREAND LIFE SAFETY. 1. Provide a key box (Knox) mounted to the exterior wall 10' above finish grade and adjacent to the right side of the main entry door. The box shall contain keys to gain access as required by the Fire Marshal [UFC 902.4]. If you have any questions regarding this requirement, please contact the Fire Marshal at 526- 2502. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Western Family Foods Building Plan Review PC #: 6 -76c BUP #: 98 -0247 Page #2 2. Provide Type 2 -A fire extinguishers throughout so that the travel distance to an extinguisher does not exceed 75 feet [UFC Std. 10 -1 3.2.1]. !STRUCTURAL l . 1. When special inspection is required by OSSC, Section 1701, the architect or engineer of record shall prepare an inspection program which shall be submitted for approval prior to a building permit being issued [OSSC, Section 106.3.5]. A. Submit an inspection program designating the work requiring special inspection, and the agency who will be responsible for conducting the inspections [OSSC, Section 106.3.5]. B. Complete the enclosed Structural Special Inspection form designating an Approved Testing Laboratory [Line B] and signed by the owner of the project [Line D]. i. The completed form must be returned to this office before a building permit can be issued. ii. Copies of all special inspection reports shall be filed with this office continually during construction. iii. A final signed report must be on file before the occupancy permit will be issued [OSSC, Section 1701.3]. Mechanical, plumbing, and sprinkler permits shall require separate plans, applications and permits. Please submit three copies of revised submittal documents and a letter indicating your response to the above comments for review. Please call me at (503) 639 -4171 if you have any questions. Sincerely, I hK R ert Poskin, CBO IOR PLANS EXAMINER .,. �... 02.., CITY OF TIGARD A Program for Inspection Services and/or Material Testing • Date: !o (2q ,1998 City of Tigard: Plan Ck. No. Bup No. ii-o241 Sit No. Project Title: lAserssea 4 ' W Cw0,4 Address Architect of Record A4 / Ph. 'Z - ltoo address: (9a20 scc.) Id eADA Structural Engineer of Record: t a...» Qv.sc Ph. 244 — ddho address: 132o sw - 314ekra t Geo-Technical Engineer of Record: Ph. address: Provide the following information for the testing agency chosen to provide inspection services and/or testing. Testing Agency: Ph. Fax. address Geo-Technical Agency: Ph. Fax. address The owner certifies that the above noted Agency has been employed to conduct the special inspections or observations required herein. Signature of Owner Phone No Date Print name Company name The following is a list of special inspection and/or services required by the 1996 Oregon Structural Specialty Code and Tigard's Municipal Code 14.06.010 through 14.06.040. The special inspections and/or testing services required for this project to be provided by the Testing Agency, Structural Engineer or Geo- Technical Engineer of Record are as follows: • Special Inspectors for the Testing Agency shall be qualified to the satisfaction of the Building Official, for inspections of the particular type of construction or operation. • Special inspectors shall observe the work assigned herein for conformance with the approved plans and specifications and, submit copies of all inspection reports and. a final signed report in accordance with OSSC. Section 1701.3 to the building official. Structural Inspections Services and Material Testing Category 4 - Description of Services =- - -- - - ` Required Provide By Yes I Nd 1. Concrete. OSSC, Section 1701.5.1 and Section 1903, 1904 and 1905 a. Review concrete mix designs • b. Inspect the placing of reinforced concrete. c. Observe the taking of test specimens. d. J roa 2 nab 3 Datu...a 2 -1 geo Cl 2. Bolts Installed in concrete. OSSC, Section 1701.5.2 • a. Prior to and during the placement of concrete around bolts when stresses permitted by section 1925 are utilized. b. 3. Special Moment- resisting Frame. OSSC, Section 1701.5.3 and section 1921.9 a. Provide continuous inspection of the placement of reinforcing steel and - concrete, and submit a certificate indicating compliance. b. 4. Reinforcing Steel and Pre - Stressing Steel Tendons. OSSC, Section 1701.5.4 a. Inspection of reinforcing steel and pre stressing tendons before stressing and grouting of tendons in we stressed concrete b. Observe and record results of all tendon stressing in pre stressed concrete. c. Observe grouting of all tendons in pre stressed concrete d. 5. Structural Welding. OSSC, Section 1701.5.5 and Section 1703 a. Observe the welding of any member or connection designed to resist ` f loads and forces required by the OSSC. b. Visually inspect floor and roof deck welding. c Visually inspect welded studs when used for structural diaphragm or composite systems. (shear walls) d Visually inspect welding of stairs and railing systems. e. Check certification of welders doing work on site. f Visually inspect the welding of studs and joist. (part of a.) Observe the welding of special moment - resisting steel frames, and g' conduct non - destructive testing required by OSSC, section 1703. h Observe the welding of reinforcing steel. 1. Category - Description of Services • Required Provide By _ .... Yes /No MAY -10 -98 03:15PM FROM - TRAMMELL CROW NW INC I- hU3-h -U4UU 1 - 0u4 r.uciuc r iog -&— 0- 5Q/ h1 7ov May 7, 1998 ✓'uerrnNe HAY :..:'I I G. 8 sgs JJL• T .�Yi:. CITY OF TIGA Jeff Sackett Vice President, Development � �, oa OREGON Trammell Crow Co. \ 8930 SW Gemini Dr. Beaverton, OR 97008 -7123 RE: WESTERN FAMILY FOODS -- PUBLIC APPROVAL PROCESS Jeff: As per my voice mail, I concur with your request to allow simultaneous processing of the landuse and building permits for the above mentioned project. This decision was based on the facts contained in your April 27, 1998, letter. I clearly understand and staff concurs that the mitigating circumstances dealing with ODOT and the condemnation process resulted in a situation where you and your client could not meet our standard application procedure. As you know, our standard procedure requires sequential processing of applications. This requirement helps to minimize the redundant review of applications that caused ineffective use of staff time and the inability to properly coordinate projects internally. As I mentioned, the development schedule you are proposing is ambitious. I encourage you to meet with City staff (building,. planning, engineering) to get a clear idea of the time involved to do a detailed review and to issue the various permits that will be involved with this project. It is critical for you to understand the intricacies of our review process to ensure that your project is completed within the timeframe that you need. If you have any questions on this matter, please contact me at 639 -4171, ext. 405 Sincerely, James N.P. Hendryx Director of Community tevelopment . i ‘CDAoMuERREEUiMtSACrtETT.I.TR 13125 SW Hall Blvd., Tigard. OR 97223 (503) 639 -4171 TDD (503) 684-2772 • { :E: RECEIVED .... JUL 17 1998 M tii fF AN KROM MOISAN ASSOCIATED A C MII ' Q IF r` V� I CS July 17, 1998 Robert Poskin, Senior Plans Examiner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Western Family Foods Building Plan Review .6.006 -SW Sandburg St PC# 6-76c, BUP# 98 -0247 This letter is in response to the comments noted: Ac ssibility: . Drawing A5.5 has been reissued with revisions to the counter heights and cabinet layout. The cou er at the sink is 34" high. . awing A2.4 has been reissued. The shower stalls will comply with OSCC 1109.10.10. They will be addressed in the bidder - designed plumbing submittals. . The environmental and lighting controls will be included in a bidder - designed electrical submittal and will be located 54" A.F.F. for accessible side reach and 44" A.F.F. for forward approach. di rgy Compliance: The Energy Compliance Forms will be provided under separate cover. le i and Life Safety: Drawing LS -1 has been reissued and shows the key box (Knox) on the exterior wall to the right of the main entrance @ 10' above finish grade. . Type 2A fire extinguishers have been provided with travel distances less than 75 feet to any extinguisher from every point of the building. See drawing LS -1. Structural: 1. A. An inspection program outline is enclosed. Carlson Testing, Inc. will be conducting the inspections. 2. B. The Structural Special Inspection form is enclosed. If you require further information or have questions please call. Sincerely, A KROM MOISAN ASSOCIATED ARCHITECTS / ( tg..___ _ ... ___ IN Je L - 'rincipal C: File 980651 — 3.2 Jeff Sackett — Tramell Crow Ron King — Western Family Foods Dale Kuykendall — McCormack Pacific 6 s.w. Macadam, Suite loo, Portland, Oregon 97279, 503/245 -7m0o; FAX 503/245 - 7710 Principals: Stewart H. Ankrom, Thomas Moisan, David N. Vonada, Lorraine C. Kellow, Jeff Hamilton, Karen Bowery �7do --41‹.561)-stuviiterg —SrA CITY OF TIGARD June 24, 1998 OREGON Western Family Foods, Inc. .700 -SW Sandburg Street Tigard, Oregon 97223 Re: Traffic Impact Fee (TIF) for 6700 SW Sandburg Street Please find enclosed the following documents: • TIF assessment letter • TIF worksheet calculating the TIF assessment at current rates • TIF payment option form • TIF appeal information sheet • Notice of TIF rate increase • TIF worksheet reflecting calculations based upon increase TIF rate. • Please complete the TIF payment option form and return to my attention by July 8, 1998. • If you have any additional questions, please contact me at 639 -4171, extension 361. Sincerely, 4* 441(j—j-e- Dianna L. Howse Development Services Technician cc: Building Permit Applicant - Ankrom Moisan Associated Architects TIF File ✓ Building Permit File • DST Supervisor File h:Itifcovr 6/98 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • June 24, 1998 . �"��i11�� d -- • CITY OF TIGARD Western Family Foods, Inc. 6700 SW Sandburg Street OREGON Tigard, Oregon 97223 TRAFFIC IMPACT FEE FOR: WESTERN FAMILY FOODS, INC. 6700 SW Sandburg Street, Tigard BUP98 -0247 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 $24,074.00. You have three payment options available to you. The first option is to pay the TIF at the time you are issued a building permit. The second option 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). The third option is to defer payment until occupancy. Traffic impact fees are subject to an annual increase of up to 6% if not paid or financed prior to July, 1st of each year. 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 July 8, 1998, and must be accompanied by the $625.00 appeal fee required by Washington County Hearings Officer. If you have any questions, or if I can be of further service, please contact me at 639 -4171. • Sincerely, '05 214474g. " —. Dianna L. Howse Development Services Technician cc: Building Permit Applicant - Ankrom Moisan Associated Architects TIF File Building Permit File DST Supervisor File hAtif -3 2/98 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 DATE: / / p f PAS CHECK NO. / _ c ti PROJECT (o zocST COUNTYWIDE c --"/ TRAFFIC IMPACT FEE WORKSHEET APPLICANT: w Esmen/ ObS (FOR NON - SINGLE FAMILY USES) MAILING ADDRESS S o B u2 ST. CITY/ZIP/PHONE T / j , 6/L 97,242 3 TAX MAP NO.: 02 sIo iez d D 60 SITES NOADDRESS: // LAND USE CATEGORY RATE PER TRIP • 4� 7 D 6u 26 Sr: RESIDENTIAL $ 179.00 S o t 99 _ D O O !o BUSINESS AND COMMERCIAL $ 45.00 ✓ OFFICE $164.00 61tP 9/ 4 /7 INDUSTRIAL $ 172.00 INSTITUTIONAL $ 74.00 PA YMENT METHOD: CASH /CHECK CREDIT BANCROFT (PROMISSORY NOTE) INSTITUTIONAL ONLY: DEFER TO OCCUPANCY LAND USE // CATEGORY DESCRIPTION OF USE /CEI WEEKDAY AVG. , 3/ WEEKEND AVG. TRIP RATE /� GEj,/EJ1L} BASIS: /9P1 /e•9"0 P// S ES (2 Op fl- 3G, r - 0 - 0 ,/ 5 /erg 84(4.46/W6_ , rift C/7 caL d9 -77on/ /S £( 7"/L/ Z/A/ - C ug- EA/ T/F An-7 • ,E& W, - - //I/C REM E 7/// 9p. / 9 - e4-L C. u c4 -77onf SfAEE IS ff-TTf9L' , Pfau) / &f6 77f /n/C2E,9 SE /'c/ T /f� " T� PER 7R/p", CALCULATIONS: x & E p � m' - 77 /P /2l9-TE —'772.1e 77c = 3�J foR TR /P G�n/E/29T7Gn/ Y CR EA / Ts n /2,9 Paz 77Z/P. T.G. S•f. x /. 3/ - V. 37 x /(0., Yo /6y 77f - 36 x /G, 3 /- *`�'o . 37 x °n it. y 4 3 x /4 . 3 / = 58 7. /G - 5 37 = /y(.79 ) 1 Y, 6 PROJECT R ENERATION: v, o 7 4/ a FEE: a y 0 7y. 0_0 FOR ACCOUNTING PURPOSES ONLY ADDITIONAL NOTES: A .L`EMO LI SffEA ft a 7 o-a-o efLi C E 1a / c- /- A/6- 7/L c/ EA/ 7 = T, G . S. F • x /6, . 3/ T/L CRED x .27 X /4.3/ _ 4 /ya. 37 7 /P CREG / ROAD AMT.: , 3� CREZ 171 A'/�Pi.y GrA y i 9-F7 ,c) E/`/O L/ non/ PE/W/7- TRANSIT AMT.: aa �ff�S /NA L //1/S/c C770 PREPARED BY: I:TIFWKST.DOC (DST) DATE / �. /p� PLANS CHECK NO. / _ X �r ( a PROJECTTRLE: / CO COUNTYWIDE )ES�2/�/ � / �A� y /59 s o ^. TRAFFIC IMPACT FEE WORKSHEET APPLICANT: WES TE2 � ,i5 / L)/ (FOR NON - SINGLE FAMILY USES) nIIAI-45 ,s -ST MY/VP/PHONE 77619/Z6 072.. 97a a 3 TAX MAP NO.: 0 23 - IO /25, ODIo SITES NOADDRESS: LAND USE CATEGORY RATE PER TRIP 6 700 s) _IAA/48u.eG S7 RESIDENTIAL $ 189.00 S/>29 ?- 000 BUSINESS AND COMMERCIAL $ 48.00 QuP9, _B02y7 V OFFICE $ 174.00 INDUSTRIAL $ 182.00 INSTITUTIONAL $ 79.00 PAYMENT METHOD: CASH /CHECK CREDIT BANCROFT (PROMISSORY NOTE) INSTITUTIONAL ONLY: DEFER TO OCCUPANCY LAND USE CATEGORY DESCRIPTION OF USE WEEKDAY AVG. WEEKEND AVG. TRIP RATE 7/I . 67,41, aFF /CE TRIP RATE /4. 3/ — BASIS: /9-PP4 /e/m/7" /DR GPaS — co/'J `'772u c'77oA/ OF ft 36 - z) 7 (L C a/4- 6/A1G V %ff /S /S H L.9770/■/ buc TD % /lfekEW - SE - Ec77 "7///9 ? /+/ 9 TO /97°/"Z y o Pfly/9 /5 r FE'/2/ZE& TO D eda/°e4/vC y , • CALCULATIONS: rrz /P T/F = 3 /95 S ,C / f 74/P GEn/�2 77oAJ x W E6 /q Y '� f� 772 /P /2/5 C2E: /T x f7 7 7-/c x /G . 3/ - No. 37 x /7y of = 776.5 • F 7 = 3 x /6 X /7y, o = PROJECT TRIP • 7 F = x /4, 3/= 5,1 Z /� - ygo. = 1Y4, /7y oz7 = FEE . y6, _ 27 a s, may/ . o-r) a r li, as FOR ACCOUNTING PURPOSES ONLY ADDITIONAL NOTES: .2)67y0 L.,sh'eZ 4 ,2 7, e v !/ /G -/6z a ce o 7 7 F e x . 6 - 4 / 7- = T G. S. � x /4, 3 / x /6 , 3 / _ • -v y0 • 5.` 7ZJP e,e6-23/7s , /� ROAD AMT.: ag W3 . C /224 /7 /9i y JL/ /�F�P& L e/ 7C G / 77atj A'7 &/Y /T TRANSIT AMT.: D , 4', s ,="/"./09 G- / / /V e/ "r C T/O /V . PREPARED BY: • I:TIFWKST.DOC (DST) EFF: 07 -01 -98 ADM �/� L C / A(../ 7<i- - vn Td l/ cZe ;:a- /' T eAe c4 44- 7, 07"0 s . v e a-A tell ire-y, 7` ► , qlv 4-K f 6/Ave/el D ,Sdd Trammell Crow Company RECEIVED JUL 2 7 1998 July 27, 1998 COMMUNITY DEVELOPMENT • Via Hand Delivery Mr. Jim Hendryx Director of Community Development City of Tigard 13125 S.W. Hall Blvd Tigard, OR 97223 / Re: Western Family Foods Office Building Oi Building Permit # 9E40136 71 Jim: Dear Ji Thanks in part to your help in plan review sequencing and your staff's prompt review of plans, we are nearly ready to pick up permits and commence construction of Western Family's new headquarters. As we discussed this morning, two issues remain and we are requesting your help with one of them. As you know, Western Family Foods (WFF) is building this new building solely because its existing building is being purchased in lieu of condemnation by ODOT as part of the I5/217 interchange improvement. The enclosed letter from ODOT to WFF's attorney, dated January 15, 1998, documents this and includes a map and a legal description of the property being taken (highlighted on map). A second letter dated July 22, 1998 to Ron King, WFF's President, from ODOT is also enclosed This letter includes the terms of the purchase and an agreement specifying the terms. The State will purchase the building now and lease it back to WFF until April 1, 1999. Our first issue is to resolve final legal technicalities and execute this agreement. We expect that this agreement will be executed this week in substantially the same form. The second issue involves calculation of appropriate systems development charges (SDCs) relative to the building permit for the new building. It is on this issue that we need your help. As the enclosed ODOT letters indicate, the parcel to be taken by ODOT includes only WFF's existing building and a small portion of the parking lot adjacent to the north. This parcel is "landlocked ", i.e. with no frontage on any public ways except I5, and its access is "completely restricted" in Exhibit A to the January 15th letter. In the agreement attached to the July 22nd letter, the state has agreed to demolish the existing building (section 9), and WFF's right to occupancy is terminated on or before April 1, 19999 (section 8). Further, WFF is "encouraged" to vacate in time by a $150,000 withholding (section 12) and the threat of unlimited penalties as a result of contractual penalties the State may experience as a result of failing to vacate (section 8). The intent of the parties is clear - WFF is to vacate the existing building by April 1, 1999 so the State can remove the building to build the interchange improvements. We have requested that certain SDCs attributable to the proposed building be calculated on a net basis, i.e. after subtracting the relevant facilities currently in the existing building which will be demolished. This was acknowledged in Dianna Howse's letter on Traffic Impact Fees (TIFs), but was subject to credits being applicable only after the demolition permit for the existing building had 8930 SW Gemini Drive Beaverton, Oregon 97008 -7123 503 -644 -9400 Fax 503 - 520 -9400 Mr. Jim Hendryx July 27, 1998 Page 2 been finaled. Since WFF will not own the building, it is in no position to control demolition. We'd like to clarify that the TIF credits, and others, accrue immediately to WFF without "strings" attached that are out of WFF's control to resolve. Brief summaries of the various other SDCs follow: • Storm Quantity - Most of the existing parking lot will remain to be used for the proposed building. We request that storm quantity SDC be charged only on new impervious parking lot area. • Storm Quality - We are proposing to build a water quality swale to treat storm water so that no "in lieu of" fee is necessary. ♦ Sanitary Sewer - An itemized list of all plumbing fixtures in both the existing building and the proposed building is attached. The total fixture units in the existing building is slightly more than those proposed in the new building. Netting the two should result in no sanitary sewer SDC for the proposed building, and possibly a credit for potential future use within the new building. ♦ Water - The existing building is served by a 1 ' /z" meter. We propose a 1 1" meter for the proposed building in a different location. Our civil engineer, Gary Alfson of Harper Righellis, Inc. has discussed this with city water officials, and we understand that, although the two meters will be operated concurrently for a brief period as WFF transitions into the new building, there will be no new water SDC or meter charge. Jim, thank you in advance for your consideration of these issues in this unique situation. Western Family Foods looks forward to continuing to be a productive corporate citizen of Tigard. Please feel free to call me with any questions, and I'd also be happy to direct any technical questions your staff may have to our architect or civil engineer. ery truly yo IF M. Sackett Vice President Development Enclosures cc: Ron King, Western Family Foods Jeff Los, Ankrom Moisan Associated Architects 6/00 .5-edSated au,P y Oe'-ej � WESTERN FAMILY FOODS - Existing Building Plumbing Fixtures Fixture Units Each Total FU Urinals 4 6 24 Toilets 12 6 72 Floor drains 8 2 16 Sinks 13 3 39 Garbage disposals 2 32 64 Water fountain 3 1 3 Dishwashers 2 2 4 Showers 4 2 8 Total 230 FU 14.38 DUE WESTERN FAMILY FOODS - Proposed Building Plumbing Fixtures Fixture Units Total FU Each Urinals 4 6 24 Toilets 12 6 72 Floor Drains 12 2 24 Sinks 8 3 24 Garbage disposals 1 32 32 Water fountain 4 1 4 Dishwashers 1 2 2 Showers 4 2 8 Total 190 FU 11.88 DUE Subtotal Existing Plumbing Fixtures 14.38 DUE Subtotal Proposed Plumbing Fixtures 11.88 Credit Due: 2.5 DUE V1/ 101 4.770 it• dV • • .• , 700 Department of Transportation regon Region 1 Right of Way IA \ 123 NW Flanders john A. Xitzhaber, M.D.. Governor 15, 1998 " • Phone: 731-8400 0 Foreland, OR 97209 January 0(1‘ FAX: 731 -8458 WESTERN FAMILY HOLDING, INC. Attn.: Ray Rask, Attorney at Law FILE CODE: 1200 SW Main Building File No.: 6108003 Portland, OR 97205 -2039 Section: 1 -5 @ 217 /KRUSE WAY INTCHG, UNIT 1A Highway: PACIFIC County: Washington FAP#: You own property needed for improvement of the above highway. This property is described on the deed that accompanies' this letter. A determination of just compensation for the needed portion of your property has been made by a qualified Appraiser, based on market information. This is the amount outlined in the attached "Acquisition Summary Statement ". This offer is also accompanied by either the written appraisal or written explanation of the bases and method by which the valuation was made. • The deed, and enclosed agreements if any, covers the terms of our proposed real property agreement. Please read these documents carefully and, if acceptable, sign where indicated. The deed must be notarized.. Return these signed documents to this office. After the Right of Way Manager accepts the deed and related documents, you will receive notification of that acceptance and payment will follow. The State will pay recording costs, title insurance premiums and all other normal costs of sale. Taxes will be prorated as of the date of possession or transfer of title, whichever is earlier. You have the right to donate the property if you wish. Should you desire to do so, please notify me, and I will see that you receive the necessary forms and instructions. RELOCATION BENEFITS For an outline of any relocation benefits available to you, I attach for your reference a copy of the "Relocation Summary Statement' which was provided at the initiation of negotiations. Please note that the 90-day written notice to vacate under the original offer letter dated September 13, 1996 has already expired. You will be given the specific date to vacate the premises being acquired in due course. . . Thank you for your cooperation and' time. If you have any questions, please.call me at (503)731- 8439. • OW Wayne Kwong Right of Way Agent . ' ' • • • Farm In %.I?t2 CMG) • • Forgo 7314666 (10/97) • C11/ 10/ t J. . JO EXHIBIT A • • File R6108003 Pacific Hwy. @ Hwy 217 /Kruse Way (Unit 1) Sec. Pacific Highway Washington County • Sketch Map Throughway AFD 12 -02 -97 • Western Family Holding Inc. - Fee A parcel of land lying. in Lot 3, SALEM FREEWAY SUBDIVISION, Washington County, Oregon, and being a portion of that property described in that deed to Western Family Holding Inc., recorded as Microfilm Document No. 85- 043486 of Washington 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 Westerly side of the center line of the relocated Pacific Highway which center line is described as follows: Beginning at Engineer's center line Station "EXTG" 2 +970, said station being 1365.917 meters South and 67.023 meters West of the Northeast corner of Section '( ,Township 2 South, Range 1 West, W.M., thence South 1° 14' 53" West 130 meters to Engineer's center line Station "EXTG" 3+100. The widths in meters of the strip of land above referred to are as follows: Station Station • • Width on Westerly Side of Center Line "EXTG "2 +976 "EXTG "3 +026• 168 in a straight line to 176 "EXTG "3 +026 "EXTG "3 +096 176 in a straight line to 138 "EXTG "3 +096 "EXTG "3 ±100' 138 Bearings are based on Oregon Coordinate System of 1983, north zone. • The parcel of land to which this description applies contains 5 781 square meters, more or less. • . NOTE: Access Completely Restricted to Parcel. Outside Area: 10 451 square meters, more or less. • This parcel lies in Section 1, T. 2 S., R. 1 W., W.M. • • 81/1b/1991 11.'C gu.7L411u ' DRIM /RV Other Note: This property-description is written using the metric system. 1 +000.000 Station : = :1.000 meters = 3,280.84 feet. 1 meter = 3.28 feet 5 781 square meters =- 62,226 square feet, more or less. Outside Area: 10 451square meters = 112,494 square feet, more or less. • • • • • • • • • ... c • _ • __________ • Sec. I, T. 2 S., R. I W., W.M. "EATG" 2+9TO P.D.T. SKETCH MAP . • p. ,97 otow PROJECT NO. RS108003 .. E.2 124' 654.05 :.:.-°"‘ 1- ' . q.... ____L4 _____,L_----LN- . -- - '.. . .;- ii'r1: .." -.. . — . ,. il . 36 31 + _..!-•Eli- P...,A • 6 , ,, v g•i _, .,,,..,: \ \ rd. WW1 COM/ I ii Ito , rn yes s...„, Akienuti Cep Se4 A L I Ail /',--; / ....._ ` \ , k, ,., 1 1 5 ' D 1 V 1 S 1 0 \\ j-13 In hovels I. 'I • \ . 4.'• ,.. ,.. -.. , ram VA co now r• 11 P — . • --""_1_2;'• \ \ \ f i ilv ,:t: lin • •?.., /as I is ..........-.6-1,.....-" ----:;• Of. %;. \ \ \ ..... \ I A Any n tE I t / 1. *o ■ ..:11,:r • r 1 72S • • ' Z-7) E.1 .8 X.I ( ..- \I :...— 1 ti‘ tk :‘,.. \ 0711411M. 11 If 1 II Me! Rif" • \ i 13 . 4 1 N. 198 769.967 C.? 3R4 7215; • 106%. hut, Mat I. 003 o •...,e I , 1 • m.,. . • ..• es•+.108 4 , \ 2" --- li ■ • i0 451 nsi.Fit. ' t _,....,- tri I N q E., RIC .. , • • . • . , c, . \ • - . . . • . 1/ . . . . . . . . . , , \ \ • t • .9 1 . I 1 . • • . .. ' I- .. . . . . \ \--:- . i ‘,„,,, _ .,4. , •. q . .. ' scant - / . ...• . . . ,_ n f ••'-'Ai; 1 . . 7 . ' '. I '',1,..f I. , ____—_........_____„‘.. .-,-.-.,--' . .---/ _..z. '0 1 \ % • . ' 1141 2 . . 1. . p - • . .20 40 .. 60 ' ' 9 0 0 - . .10 i . : . .... . ' . ... . .. '... ' . . . .' . • \ • • r t i . . . . . .• . . • • - ....-. • uttEIts : - - ..- • t .. • ' - - . . • . •" ... - . .- . ..." "'" • ---;—r..,ef.a -‘ ' • - hil la • ; • - do . .- • .. . ... . . . . . . . • \‘ \ • \ .. i' • i' ' ' : • . " 1 .V . . -- '. '.'. l• . ta. E • 1 Ni ' ;. • 1 1, I A PROJECT R08 R. 0 • L—.---...—..__N■r i L . . % 1 ' I 0 100 00 . 300 N . FEET L IP '----11 Mr\ \ L,......-li •i . ,.., i NO. 6I •.. P37 00 O 1,--111; -. .., 1 , I i 1 , ...fe l ib i t q l t i: I; r . r .„. 1 i P.EGON ST T E 1116110AV DIVISION 1`. ! T Li., t , PURPO N * tl'A'gr ° ■ "17„;};g4 SE hway Right of Woy t• — , . , _ 4 . , 1) \ 1 - - , a 4 ' I I - SECTION PeoYie !brie Jim Warm PrY ±t. - .111.V_L g 1 ! - -Y.3 . s 'kr 1. i 1 1 HIGHWAY Pecif ;e 1. r n 4 . , tyliii 1 24011 COUNT Y I . . 1 YlosNnglon SCALE: 1:1000 IDA T EI December, 1997 07/24 1,4:35 1998 FROM: 503 684 6478 TO: i 444116(t*. : �-SY/4"4.6" --- �/ .S� • . • 311. 24 '98 02:25PM REGION 1 R/W P.2/6 Department of Transportation �`"' . , " O regon Region 1 Right of Way � ; : .. r 4 123 NW Flanders • obi A. K,:zlubc, M.D.. covarar Portland, OR 97209 Phone: 731 -84,)0 Daze: July 22, 1998 FAX: 731 -8458 f]t1 CODE Ron S. King File: 6108003 President Name: Western Family Holding Western Family Holding Company Section: Pacific Hwy @ Hwy 217. P.O. Box 4057 Highway: Pacific Highway Portland, OR 97208 -4057 _ County: Washington FAN: 9 ° Dear Mr. King: Res Right of Way Acquisition Western Family Holding, Inc. - 6700 Sandburg Road Tigard, OR 97223 This letter is to advise you that the State of Oregon, through the Oregon Department of Transportation, will acquire certain property owned by Western Family Holding Company located at 6700 SW Sandburg Road, Tigard, Oregon, for the price of $2,500,000. The sale end purchase of the subject property is made pursuant to the State's power of Eminent Domain, which, includes institution of condemnation proceedings, if necessary, to acquire private property for public use where the parties are unable to agree on the sale price or other relevant terms. IRS publications 523 (Tax Information on Selling Your Horne) and 544 (Sales and Other Dispositions of Assets) or their prevailing issues provide more information regarding grantor? tax position as a result of right of way acquisitions. These publications may be helpful to you. In addition to the payment of the aforementioned sum for the subject property, Western Family Holding Company shall be entitled to and shall receive any and all relocation expenses, moving costs or other amounts that it is entitled to under the Oregon Revised Statues or applicable Federal Laws. Sincerely, Rodger Jarmer Region 1 Right of Way Supervisor • Fenn 731411 (:0/97) U / /[4 14:35 10UU rNUM: JUJ btl 041d it): . -..oc. `+ • JUt 24 '98 02:25PM REGION 1 Riw P.3/6 • File: 6108003 Name: Western Family • Holding, Inc. Section: Pacific Hwy 9 Hwy 217 Highway: Pacific Hwy County: Washington 1 2 3 AGREEMENT FOR CONTINUAL OCCUPATION of PREMISES 4 5 6 The following terms and conditions are made and agreed upon, by and between the 7 State of Oregon, by and through its Department of Transportation, hereinafter called e "State ", and Weeeesn Family Holding, Sna., an Oregon Corporation, hereinafter called 9 "Grantor "; as part of the settlement of the Right of Way Acquisition for a highway 10 improvement project. 11 12 That State, upon the completion of recording of a deed for the transfer of title 13 of the right of way so acquired, does allow the Grantor to have continual occupation 14 of the acquired property for use as an office, conducting businesses as Western Family 15 Foods, Inc. This property consists of 5,781 t square meters, outlined in yellow on a 16 map and described in the Exhibit "A" attached. 17 18 There is no monetary consideration for the Grantor's continual occupation of the 19 premises until April 1. 1999 subject to the following terms and conditions: 20 21 1. EXISTING DfPROYHMENTS AND PROPERTY keLlOcERNANCE 22 23 All permanent improvements already acquired by State shall remain the property 24 of State. The Grantor shall exercise due care in using these improvements and 25 return the same in goad conditions, subject to normal wear and tear, to State 26 upon expiration or termination of the continual occupation. 27 28 Grantor shall at all times, and at Grantor's sole expense, keep and maintain 29 premises, including landscaping, in an orderly, clean and safe condition. 30 31 2. HAZARDOUS MATERIALS 32 33 Grantor shall not: (a) install facilities for or operate on premises a gasoline 34 supply station or gasoline pump; (b) allow vehicles used or designed for the 35 transportation of gasoline, petroleum products or explosives on premises; (C) 36 store bulk gasoline, petroleum products or explosives on premises. Except with 37 the prior written approval of State, which approval may be withheld at the 38 State's sole discretion, Grantor shall not cause, permit or suffer any 39 "Hazardous Material" (defined below) to be brought upon, treated, kept, stored, 40 disposed of, discharged, released, produced, manufactured, generated or used 41 upon, about, or underneath the premises or any portion thereof by Grantor, its 42 agents, employees, contractors. or invitees, or any other person. Any request 43 for written consent by State shall be in writing and shall demonstrate to the 44 satisfaction of State that the Hazardous Material is necessary to the business 45 of Grantor, and will be stored, used and disposed of in a manner that complies 46 with all federal, state or local laws, statutes, rules, regulations, ordinances, 47 orders, permits or licenses applicable to the Hazardous Material. Any such 48 approved use of Hazardous Materials shall continue during the term of this 49 agreement to comply with all federal, state, and local laws, statutes, rules, so regulations, ordinances, orders, permits or licenses applicable to Hazardous Si Material. 52 53 "Hazardous Material" is defined for purposes of this agreement as any substance: 54 (i) the presence of which requires investigation or remediation under any ss federal, state or local statute, regulation, ordinance, order, action, policy or 56 common law; or 57 (ii) which is or becomes defined as a "hazardous waste ", "hazardous substance ", 5e pollutant or contaminant under any federal, state or local statute, regulation. 59 rule or ordinance or amendments thereto including, without limitation, the 60 Comprehensive Environmental Response Compensation and Liability Act (42 use 9601 1 U /;Gv .4 :,,,, loved rnur4: au., VW* r''u iv. 1 w' JUL 24 '55 OF:26PM REGION 1 R/W P.4 /6 61 et seq.) and /or the Resource Conservation and Recovery Act (42 USC 6901 et 62 seq.); or 63 (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, 64 carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by 65 any governmental authority, agency, department, commission, board, agency or 66 instrumentality of the United State, the State of Oregon, or any political 67 subdivision thereof. 69 69 3. OCCUPANCY AND USE 70 71 Occupancy of premises shall not be such as will permit hazardous or unreasonably 72 objectionable smoke, fumes, vapor, or odors to emanate from premises. Premises 73 shall be used as an Office, conducting businesses as Western Family Foods, Inc. 74 only. 75 76 Grantor shall not assign this agreement or sublet the promisee. 77 78 4. TAXES, ASSESSMENTS AND DTTLITY SRAvx ®8 79 80 Grantor shall be responsible for all taxes and assessments, if any, on all real 81 and personal property located on or attached to premises, regardless of 82 ownership. 83 84 Grantor shall pay for all utility services furnished to premises and shall order 85 and pay for any services rendered to buildings and landscaping maintenance, if 86 any. 87 e8 5. TRANSPORTATION FACILITY PROTECTION 89 ' 90 ' Grantor shall, without expense to State, take all steps necessary to effectively 91 protect the ODOT Transportation Facility from damage incident to Grantor's use 92 of premises. Grantor shall be liable to and shall reimburse 'State for any 93 damage to State's right of way fences, markers, monuments, slope easements, . 94 structures or facilities resulting from or attributable to the use and occupancy 9$ of premises by Grantor. 96 97 6. LIABILITY 98 99 Grantor shall occupy and use premises at Grantor's own risk and expense, and 100 shall save and hold harmless State, its Transportation Commission, Commission 101 members, officers, agents, and employees, from all claims, suits or actions for 102 any damage to property or injury or death of any person arising out of or in 103 connection with the occupancy or use of premises by Grantor. State shall, in no 104 event, be liable to Grantor for any damage to property, or injury to or death of 105 any person occurring or arising from the use of premises by Grantor. 106 107 Grantor further agrees to indemnify and hold harmless State from any and all 108 claims, liabilities, losses, damage, costs and expenses (including attorney fees 109 at trial and on any appeal or review) arising out of use of the premises by 110 Grantor or its agents, employees, contractors or invitees, including but not iii limited to the costs of remediation or clean -up of any Hazardous Material used 112 on the premises by Grantor or its agents, employees, contractors or invitees. 113 114 7. INSURANCE 115 116 Grantor shall to the limits of liability for public bodies set forth in the 117 Oregon Tort Claims Act, ORS 30.260 through 30.300 and the Oregon Constitution, 118 save and hold harmless State, its Transportation Commission, Commission members, 119 officers, agents, and employees, from all claims, suits or actions made by third 120 parties for any damage to property or injury or death of any person caused by 121 Grantor's negligent acts or omissions committed pursuant to his agreement. 122 123 Grantor shall, during the period of occupancy, hold valid Liability Insurance 124 and name "State of Oregon, by and through its Department of Transportation' as a 125 party insured in his Liability Insurance Policy in respect of the subject 126 property. 2 I U / /4 14 :J6 1998 rPUm: OUJ 004 ou /o IV: .TIC 24 '98 02;26PM REGION 1 R/W P.5/6 127 120 R. TERMINATION 129 130 The Grantor's continual occupation of the premises shall be terminated on or 131 before April 1, 1999. No further written notice to vacate will be given to the 132 Grantor for this purpose. Grantor shall be eligible for Relocation Benefit for 133 moving its office facilities from the premises to an adjacent location under the 124 Uniform Relocation Assistance and Real Estate Property Acquisition Act of 1970. 135 Other than this Grantor hereby waives all its rights to make additional claim 136 for any losses or damages suffered thereby. 127 138 In the event of further occupancy of the premises, the State may choose to re- 139 enter and take possession of premises, or may charge the Grantor the prevailing 140 full market rent, assessed on monthly basis, or a rent of $15,000.00 per month, 141 whichever is higher. 142 143 If Grantor's holdover occupancy of the premises after April 1, 1999 results in a 144 contract penalty to State - under the highway project, grantor agrees to reimburse 145 the State for the penalty as a result of grantor's continued occupation of the 146 premises. 147 148 9. ENTRY ONTO PROPERTY AND RIGHT or ma •DNTRY 149 150 State specifically reserves the right to enter, occupy premises and to evict 151 Grantor from premises upon breach of any provision of this agreement. 152 153 State also reserves the right to enter premises for reasonable purposes of 154 inspection, upon adequate notice, in order to protect, preserve, and maintain 155 the building as it exists. The State, upon reasonable notice, and without 156 reasonably interfering with the operation of the Grantor, may conduct testing 157 and saap:.ing necessary for the State's construction or maintenance. 159 159 State herewith agrees that they will be responsible for the demolition of the 16o existing building and structure. 161 162 10.VACATINd PROPER= 163 164 In the event of termination, regardless of how effected, including termination 165 for need or failure to comply with any provision of this agreement, Grantor 166 shall, by the date of said termination, peaceably and quietly leave, vacate 167 completely and surrender premises, in a good, clean and sightly condition, 168 subject to reasonable use and wear, and other circumstances over which Grantor 169 has no control. If any property not belonging to State, is not removed from 170 premises and premises are not completely vacated by said termination date, and 171 if premises are not restored to a clean and sightly condition by said date, 172 State may proceed to remove the same and restore premises, and Grantor shall pay 173 State, upon demand, the reasonable cost to State of such removal and 174 restoration. 175 176 11. TIME 177 178 TIME is of the essence of every provision of this agreement. Failure of State 179 to objeot to the violation of any provision of this agreement small not be 180 deemed a waiver by State of a subsequent similar breach or of State's right to 181 demand strict performance by Grantor of the provision hereof. • 182 183 12, WITHROLDING 184 165 The State shall retain $150,000.00 out of the settlement of the right - of - way 186 acquisition to assure compliance of the terms and conditions of this agreement. 187 Upon satisfactory delivery of vacant possession of premises to State and upon 188 proof of full settlement of liabilities, including taxes, assessments, utility 189 services and liens, the retained amount shall be released to the Grantor. 190 191 13. AGREEMENT MODIFICATION 192 3 U,a 14.37 tyuki MUM: 3U:o tloa OVie IV. 1 n..-. .. (y :TI 24 '98 02:27PM REGION 1 R/W P.6/6 193 Notwithstanding anything herein contained to the contrary, this agreement may be 194 terminated or any provision of this agreement may be changed, by mutual consent 195 of the parties hereto. 196 197 198 199 200 14 . APPa0VALB 201 202 203 • 204 WESTERN F»CLY HOLDINGS, ENC. 205 206 207 208 B 209 President 211 212 213 214 215 By 216 Secretary 217 218 219 220 In Witness Whereof, the Grantor has executed this instrument this day of 221 , 19 ; if a corporation, it has caused its name to be signed and 222 its seal, if any, affixed by an officer or other person duly authorized to do so by 223 order of its board of directors. 224 225 226 STAT8 OP oRi64N, by and through its DEPART8OIT OF TRANBPOATATIOA 227 229 229 230 231 232 By 233 Roger Hansen, Supervisor 234 Acquisition /Condemnation & Field Operations, 235 Right of Way Section 236 Date: 237 238 239 240 Lad of Agreement Document 241 4