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.
•
•
•
•
•
•
•
•
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•
_ •
__________
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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