Correspondence i BOWEN�
i ii DEVELOPMENT 3 g7 e)
H COMPANY
•
December 23, 1997
Mr. David Scott
Tigard Building Official
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223 „Seit4—Ced 4 -eAAr
RE:
e Townhomes
Dear Mr. Scott:
Per a request by Hap Watkins, of the City of Tigard, we are sending you a copy of the letter from our
Attorney, Mike Robinson, of Stoel Rives L.L.P., outlining the agreement between the City of Tigard
and Bowen Development Company concerning the installation of low point drains at the above
referenced project. Please be advised that we have decided to proceed with the installation of the low
point drains at this project. To date, all of the completed buildings have sump pumps and drains
installed to the exterior perimeter of each unit and are ready for inspection. The buildings under
construction have all the preliminary work completed for the installation of low point drains.
The completion of the work noted above will resolve all the items in the attached letter up to and
including item # 5.
The installation of the sump pumps and drains referenced above was completed after site visits with
the plumbing inspector, Mike Sheehan, and the building inspector, Rick Bowen to review the
proposed work. At these meetings, and in conversation with Hap Watkins, it was agreed that, where
positive drainage away from the building was provided, exiting the sump pump drains to daylight at
the building perimeter would be acceptable. We were instructed by Mr. Bowen to install drain rock at
the point of exit of each sump pump drain. This work was completed. We recently had a final
inspection for the plumbing in one of the buildings and were failed because the sump pump drains
were not connected to the storm drainage lines. This seemed to be in direct contradiction of our
earlier verbal agreements. We know it is possible for misunderstandings in matters such as these, but
we have had several meetings and conversations regarding this detail and every indication given was
that the proposed detail would be approved by the City of Tigard.
I have talked with Hap Watkins and he has informed me that the connection of the sump drains to the
storm system will not be required if the above conditions are met. He assured me that he would
inform the field inspectors of this. Mr. Scott, we are proceeding to correct this problem in good faith.
c:\my documentsV6r1901divl\city of tigard\12- 23- 97david scott.doc 1 of 2
12570 S.W. 69th • Suite 200 • Tigard, Oregon 97223 • (503) 598 -4522 voice • (503) 598 -0503 fax
I �i BOWEN f=
DEVELOPMENT
COMPANY
We have consulted with the of Tigard on the installation of these drains prior to commencing
work. Based on our understanding, we proceeded to complete the work after having the exit point of
the drain lines agreed to. This detail influenced our decision to proceed with the work, to resolve this
issue and avoid further dispute. We would appreciate any involvement on your part in resolving this
matter.
Please call us at 598-4522 if you have any questions regarding this letter.
Sincerely
BOWEN DEVELOPMENT COMPANY
Anthony Silvestrini
Project Manager
Dist David Scott - City of Tigard - via fax and mail
File - City of Tigard
•
:
F
c :\my documents\96- 190 \divl \city of tigard\12- 23- 97david scott.doc 2 of 2
12570 S.W. 69th • Suite 200 • Tigard, Oregon 97223 • (503) 5984522 voice • (503) 598 -0503 fax
•
NOV 05 '97 16:11 FROM:STOEL RIVES 6032202480 T -T15 P.02/04 F -961
STOEL RIVES 1.1,p
A T T O R N E Y S
STANDARD INSURANCECENTGR
900 SW FIFTH AVENUE, SUITE 2300
roaTLAND. OREGON 972044268
Phone (5031229 -338P Fax (503) 22O -2ee0
TDD (503)221 -1045
Internet: www.ctarl.mm
November 5, 1997
• MICHAEL. C. AOOINYON
Direct Dial
003) 294 -9194
email mcrobinsonesroel.com
VIA FACSIMILE
Mr. David Scott
Tigard Building Official
Community Development Department
13125 SW Hall Blvd.
Tigard, Oregon 97223
Re; Summerwood Towuhomnes
Dear Mr. Scott:
This law firm represents Bowen Development Company. This letter reflects the
results of our telephone conference on November 4 which included yourself, me, Tony
Silvestrini of Bowen Development and Hap Watkins of the City of Tigard. Bowen
Development Company and the City have agreed to the following:
1. The final certificates of occupancy issued by the City for Buildings 1 and 5
will not be revoked.
2. The City will issue temporary certificates of occupancy for Buildings 2, 6 and
7.
3. The certificates of occupancy for Buildings 1, 2, 5, 6, and 7 will be subject to
the following:
A. Bowen Development Company reserves the right to file an appeal of
the Building Official's decision requiring crawl drains.
B. Bowen Development Company will commission a study by a qualified
geohydrologist, after the City has reviewed and approved the scope of the study, to
determine whether crawl drains are required for Buildings 1 - 9. If the study determines that
ppXIA- 100167.1 2596600S
SEATTLE PORTLAND VANCOUVER. WA Bwt;r• SALT LAKE CITY WASHINGTON, D.C.
NOV 05 '97 16:11 FROM:STOEL RIVES 5032202480 T -T15 P.03/04 F -961
STOEL RIVES LLP
Mr. David Scott
November 5, 1997
Page 2 of 3
crawl drains are not required. The Building Official agrees to issue final certificates of
occupancy for Buildings 2, 3, 4, 6, 7, 8 and 9 subject to any other requirements.
If the study demonstrates that crawl drains are required, Bowen Development
Company agrees to install crawl drains in all buildings and to diligently pursue
commencement of such installation by May 1, 1998. If an extension of that date is required,
the City and Bowen Development Company mutually agree that a reasonable extension will
be granted and that the certificates of occupancy will be maintained.
4. Bowen Development Company agrees to construct Buildings 3, 4, 8 and 9 in
such a way as to accept crawl drains if required.
5, The City agrees that upon inspection and approval of the crawl drains, it will
issue final certificates of occupancy for Buildings 2, 3, 4, 6, 7, 8 and 9.
6. The City acknowledges and agrees that there are no other issues other than the
crawl drains that will prevent issuance of temporary certificates of occupancy for Buildings
2, 6 and 7.
This letter does not waive Bowen Development Company's right to seek damages
from the City due to the negligent administration of the Building Code as applied in this
matter.
Bowen Development Company appreciates your assistance and cooperation, especially
in regard to the issuance of a temporary certificate of occupancy for Lot 7, Building 2.
Please call me if you have any questions about this letter. Please indicate your acceptance of
these terms by executing n the space provided below and returning a copy to me,
Very truly yours,
Plaid49
C. friLA,
Michael C. Robinson
MCR:lxh
cc: Mr. Walt Bowen (via facsimile)
Mr. Anthony Silvestrini (via facsimile)
PDX1M100187.1 159660009
NOV 05 '97 16:11 FROM:STOEL RIVES 5032202480 T -715 P.04/04 F-961
STOEL RIVES GLP
Mr. David Scott
November 5, 1997
Page 3 of 3
ACCEPTED AND AGREED TO:
TIGARD COMMUNITY DEVELOPMENT DEPARTMENT
By:
David Scott, City of Tigard Building Official
Date:
PDX16- 100187.1 159E60009
IN Deer 23 97 03:54p Anthony Silvestrini 503 598 -0503 p.2
CJ BOWE 1 Off 7
HR [)E\ I J�
•
C.JC (.;O IIPkMT
December 23, 1997
Mr. David Scott
Tigard Building Official
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Summer Wood Village Townhomes
Dear Mr.. Scott:
•
Per a request by Hap Watkins, of the City of Tigard, we are sending you a copy of the letter from our
Attorney, Mike Robinson, of Stoel Rives L.L.P., outlining the agreement between the City of Tigard
and Bowen Development Company concerning the installation of low point drains at the above
referenced project. Please be advised that we have decided to proceed with the installation of the low
point drains at this project. To date, all of the completed buildings have sump pumps and drains
installed to the exterior perimeter of each unit and are ready for inspection. The buildings under
construction have all the preliminary work completed for the installation of low point drains.
The completion of the work noted above will resolve all the items in the attached letter up to and
including item it 5.
The installation of the sump pumps and drains referenced above was completed after site visits with
the plumbing inspector, Mike Sheehan, and the building inspector, Rick Bowen to review the
proposed work. At these meetings, and in conversation with Hap Watkins, it was agreed that, where
positive drainage away from the building was provided, exiting the sump pump drains to daylight at
the building perimeter would be acceptable. We were instructed by Mr. Bowen to install drain rock at
the point of exit of each sump pump drain. This work was completed. We recently had a final
inspection for the plumbing in one of the buildings and were failed because the sump pump drains
were not connected to the storm drainage lines. This seemed to be in direct contradiction of our
earlier verbal agreements. We know it is possible for misunderstandings in matters such as these, but
we have had several meetings and conversations regarding this detail and every indication given was
that the proposed detail would be approved by the City of Tigard.
I have talked with Hap Watkins and he has informed me that the connection of the sump drains to the
storm system will not be required if the above conditions are met. He assured me that he would
inform the field i nspectors of this. Mr. Scott, we are proceeding to correct this problem in good faith.
c:\my documents196- 1901div11city of tigard 112- 23- 97david scott.doc 1 of 2
Ded 23 97 03:54p Anthony Silvestrini 503 598 -0503 p.3
•
n BOWEN
I)EVELOPME ]'
❑I- A COMPANY
We have consulted with the City of Tigard on the installation of these drains prior to commencing
work. Based on our understanding, we proceeded to complete the work after having the exit point of
the drain lines agreed to. This detail influenced our decision to proceed with the work, to resolve this
issue and avoid further dispute. We would appreciate any involvement on your part in resolving this
matter.
Please call us at 598 - 4522 if you have any questions regarding this letter.
Sincerely
BOWEN DEVELOPMENT COMPANY
Anthony Silvestrini
Project Manager
Dist: David Scott - City of Tigard - via fax and mail
File - City of Tigard
•
c:\my documents196- 1901divl\city of tigard112- 23- 97david scott.doc 2 of 2
- i _.... � _ . . . . . ___ • . _ . . - ' ___ _ -_ . _
L
Der 23 97 03:55p Rnthon Silvestrini 503 598 -0503 p.4
NOV 05 `9T 16:11 FR041:STOEL RIVES 5032202480 T - 715 P.02/04 F - 961
STOEL RIVES L1.P
A T T O R N E Y S
STANDARD INSURANCE CENTER
900 SW FIFTH AVENUE, SUITE 2300
PORTLAND. OREGON 9720+ -1268
Phone (503)224-3380 Fax (50712362480
TDD (503)121 -1095
karma: www.,tcdlwn
November 5, 1997
• M1cw►se. C. ROsallooN
Direct Dial
(503) 294.9194
email merobinson®sloel.coln
VIA FACSIMILE
Mr. David Scott
Tigard Building Official
Community Development Department
13125 SW Hall Blvd.
Tigard, Oregon 97223
Re: Summerwood Townhomes
Dear Mr. Scott:
This law firm represents Bowen Development Company. This letter reflects the
results of our telephone conference on November 4 which included yourself, me, Tony
Silvestrini of Bowen Development and Hap Watkins of the City of Tigard. Bowen
Development Company and the City have agreed to the following:
1. The final certificates of occupancy issued by the City for Buildings 1 and 5
will not be revoked.
2. The City will issue temporary certificates of occupancy for Buildings 2, 6 and
7.
3. The certificates of occupancy for Buildings 1, 2, 5, 6, and 7 will be subject to
the following:
A. Bowen Development Company reserves the right to file an appeal of
the Building Official's decision requiring crawl drains.
B. Bowen Development Company will commission a study by a qualified
geohydrologist, after the City has reviewed and approved the scope of the study, to
determine whether crawl drains are required for Buildings 1 - 9. If the study determines that
PDX1A- 101157.1 15966CM.
SIATTL5 Mal. Amy VANCOUVI P. WA Rome SALT LAKE CRY WASHINGTON, D.C.
Deb 23 97 03:55p Anthony Silvestrini 503 598 -0503 p.5
NOV 05 '97 16:11 FROM:STOEL RIVES 5031101480 7 -715 P.03/04 F -961
STOEL RIVES LLP
Mr. David Scott
November 5, 1997
Page 2 of 3
crawl drains are not required. The Building Official agrees to issue final certificates of
occupancy for Buildings 2, 3, 4, 6, 7, 8 and 9 subject to any other requirements.
If the study demonstrates that crawl drains are required, Bowen Development
Company agrees to install crawl drains in all buildings and to diligently pursue
commencement of such installation by May 1, 1998. If an extension of that date is required,
the City and Bowen Development Company mutually agree that a reasonable extension will
be granted and that the certificates of occupancy will be maintained.
4. Bowen Development Company agrees to construct Buildings 3, 4, 8 and 9 in
such a way as to accept crawl drains if required.
5. The City agrees that upon inspection and approval of the crawl drains, it will
issue final certificates of occupancy for Buildings 2, 3, 4, 6, 7, 8 and 9.
6. The City acknowledges and agrees that there are no other issues other than the
crawl drains that will prevent issuance of temporary certificates of occupancy for Buildings
2, 6 and 7.
This letter does not waive Bowen Development Company's right to seek damages
from the City due to the negligent administration of the Building Code as applied in this
matter.
Bowen Development Company appreciates your assistance and cooperation, especially
in regard to the issuance of a temporary certificate of occupancy for Lot 7, Building 2.
Please call me if you have any questions about this letter. Please indicate your acceptance of
these terms by executing n the space provided below and returning a copy to me.
Very truly yours,
MiLied
Michael C. Robinson
MCR:Ixb
cc: Mr. Walt Bowen (via facsimile)
Mr. Anthony Silvestrini (via facsimile)
PDX1 A- 100167.1 139660/09
Deb 23 97 03:55p Anthony Silvestrini 503 598 -0503 p_S
NOV 05 '97 16:11 FROM:STOE. RIVES 5032202480. T-715 P.04/04 F -961
STOEL RIVES 1.LF
Mr. David Scott
Novcmbcr 5, 1997
Page3of3
ACCEPTED AND AGREED TO;
TIGARD COMMUNITY DEVELOPMENT DEPARTMENT
By:
David Scott, City of Tigard Building Official
Date:
PDX1A- 3OO187.1 1S9f6 9
10/06/97 08:28 11503 628 0271. SVVIMCRAFr 2002/003
— • • • ,{t, 9 -may k
0% WASHINGTON
.`11: COUNTY, •
OREGON
•
October 1, 1997
•
Scholls Ferry LLC
121 SW Morrison St. #1000
Portland, OR. 97204 •
RE: Swimming and Spa Pool Plan Review ' •
Summerwood Townhouses (97-18, 19)
Tigard, OR.
'Dear Sirs: ,
Your plans to construct a limited -use public swimming and spa pool located at 13495
• Summerwood Drive in Tigard, have been reviewed by the staff and are approved. All
Conditions listed in previous letters must be followed.
When the work is nearing completion, we will need to be advised so a prelicensing
inspection can be scheduled. 'It should be noted, the pools are not to be used until they •
have received an approved prelicensing inspection and a license has been issued.
If you have any questions regarding the above, please contact William Ross at 648 -8722.
Sincerely,
m
William M. Ross, RS, MPA, Supervisor
Environmental Health and Sanitation
WMR:lye
•
•
cc: Swimcraft
Department of Health & Human Services
155 North First Avenue
Hillsboro, Oregon 97124 •
WIC Nutrition Plan: (503) 640 -3555 Administration & Planning: (503) 693-4402 TDD: (503) 648-8601
Health Services: (503) 648 -8881 FAX: Clinic 693 -4522 ! Administration 6934490 Environmental Health: (503) 648 -8722
•
10/06/97 08:29 $503 628 0271 SWIMCRAFT j44, f 7- O 0003 /003
1
WASHINGTON COUNTY DEPARTMENT OF HEALTH AND HUMAN �R19 ES
•
CONSTRUCTION PERMIT for a SPRAY POOL
SWIMMING POOL BATH HOUSE WADING POOL XSPA POOL
EXPIRES DECEMBER 31, 1997 FEE:$405 EXEMPT
THIS PERMIT IS NOT TRANSFERABLE POST IN A CONSPICUOUS PLACE
This permit is issued to the person named herein to
Scholls Ferry LLC
121 SW Morrison 5t., #1000 construct the facility and /orionsiofties indicated
Portland, OR 97204
in
.Revised Statutes, with the provisions
Statutes, and Chapter 333 of the Administrative
Rules.
Upon written notification of completion of the above indicated facility in
accordance with approved plans, a license application and fee needs to be submitted
so that an operation license can be issued.
October 1, 1997
Date issued f,
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ENVIRONMENTAL HEALTH AND SANITATION
Surrmer000d Townhouses, 13495 Sumnerwood Dr.,Tigard, OR
LOCATION /FACILITY NAME
WCDPH SP -3 rev,
WASHINGTON COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES
NO. 97 -18
CONSTRUCTION PERMIT for a
X SWIMMING POOL BATH HOUSE WADING POOL SPA POOL SPRAY POOL
EXPIRES DECEMBER 31, 199 FEE:$985EXEMPT
THIS PERMIT IS NOT TRANSFERABLE POST IN A CONSPICUOUS PLACE
Scholls Ferry LLC This permit is issued to the person named herein to
121 SW Morrison St, #1000 construct the facility and /or facilities indicated above
Portland, OR 97204 in accordance with the provisions of Chapter 448, Oregon
Revised Statutes, and Chapter 333 of the Administrative
Rules.
Upon written notification of completion of the above indicated facility in
accordance with approved plans, a license application and fee needs to be submitted
so that an operation license can be issued.
1 1997 v�U�
Date issued issued
'DEPARTMENT OF HEALTH AND HUMAN SERVICES
ENVIRONMENTAL HEALTH AND SANITATION
Surrmerwood Townhouses, 13495 Surrmerwood Dr.,Tigard, OR
LOCATION /FACILITY NAME
WCDPH SP -3 rev. •
- •G%lVll l�I I �, ,
September 18, 1997 .
•
• CITY OF TIGARD
Swimcraft OREGON
17756 SW Scholls Ferry Road
Beaverton, OR 97007
RE: Summerwood Pool/Pool House Building Plan Review ,
13495 SW Summerwood
PC #: 9 -2c BUP#: 97 -0426
Occupancy: Al Occupant Load: 127
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:
gP00 EQUIPMEN T, 9Jrg ' C LTA W $ , F
1. There is no record of permits issued for this structure. Provide the following with
appropriate applications:
A. Three (3) site plans.
B. Three (3) architectual.
•
C. Two (2) mechanical (provide BTU /h input of heater).
D. Submit completed Energy Compliance Forms 2a, 3a, 3b, 4a through 4j,
and 5a through 5c from the April 1, 1996 Revised Oregon Energy Code.
%._�y.. .'+e. ", }ii. s "+��' o s <�p„ r� < c.,. k .i ;q ,rzr.,�.r aat;�,�;7°.. `ti.��� -.sax � . �> ��«^y " "•: ::-�
ACCESSIBIL TAY: >Lr;. ,,rAEM ��T --4� W °.::. t• S " i:i ° x .ui, «-��;F. ;
Y r , � �;�.,., >;�, -�, %try. �;
.,c,� yr �'��+«'YTI .:�t���Y:<s;�».�1w.."°`,� ' s:,,.s;r�.;:.n:a�..,��o-:.�. ,a�a'v�.'..'�u...- ::raar �,.:.3�`a«?'�r�:�:: �_�...�L >' .�.
1. Parking accessible to persons with disabilities shall be provided.
A. Accessible parking places shall be located on the shortest practical'
accessible • route to the building entry [OSSC, Section 1104.4.5].
B. The accessible parking and access aisle shall be located on a surface
with a slope not to exceed 2 %.
C. Provide a more detailed parking lot plan.
•
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772
Summerwood Pool /Pool House Building Plan Review
PC #: 9 -2c BUP#: 97 -0426
Page #2
2. Accessible parking stalls for the disabled shall have signs and pavement
markings of the international symbol of accessibility clearly visible and
designated to standards adopted by the Oregon Department of Transportation
[OSSC, Section 1104.1 and ORS 447.233].
3. At least one accessible route shall be provided within the boundary of the site .
from public transportation, public streets and sidewalks to an accessible building
entry.
4. Gates providing access to the swimming pool shall have latching hardware
providing access to persons with disabilities. Provide hardware details.
•
5. Provide details on handicap lifts for the pool.
6. All doors with controls and hardware shall be of the type providing accessibility to
persons with disabilities [OSSC, Section 1109.3]. Hardware on doors shall be
lever or other shape not requiring tight grasping, pinching or twisting to operate.
Controls shall require a force no greater than 5 pounds -force to activate [OSSC,
Section 1109.3].
;f=1RE AND NI= V:
� .�..� ,� �� *- r � «%�.�;`�`' � q +- rxt�'i.� �",
1. Panic Hardware - The gate near the pool house may be omitted by the exception
• in OSSC, Section 1016.4, however, panic hardware will be required on the rear
gate.
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,
R ert Poskin, CBO
PLANS EXAMINER
•