Correspondence ' When recorded return to:
. Douglas Fry
2423 Remington Drive
• West Linn, OR 97068 280330430
PARKING AGREEMENT
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BY AND BsrwssN
Dr. Douglas Fry
And
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Layton Properties, LLC
This Parking Agreement (agreement) is related to that certain Purchase and Sale Agreement and Receipt
for Earnest Money dated September 7, 2001 between Layton Properties II LLC (Seller) and Dr. Fry
(Purchaser) which define the terms and conditions for the sale of approximately .41 acres of land (Lot
#2S 110DCO2400) as shown on Exhibit "A" attached herewith and made a part of this agreement.
_j Upon transfer of title, Purchaser agrees to develop subject parcel by constructing a medical/office
building. As a condition to develop, the City of Tigard requires the Purchaser to provide twenty three
I" (23) parking stalls. As outlined within the Purchasers submitted site plan (Exhibit "B') the maximum
C available parking stalls on subject property is fifteen (15).
Therefore, both Seller and Purchaser mutually agree that upon completion of Purchasers medical
g r building, Purchaser and Purchasers clients shall be given parking rights to an additional eight (8) shared
parking stalls as shown within Exhibit "C ". The additional eight (8) parking stalls shall be on a first come
first served basis and not on a reserved basis. It is further agreed that both Seller and Purchaser shall
scp work together to address any future issues relating to parking and the City of Tigard.
�
This agreement is between Layton Properties II LLC (Seller) and Dr. Fry (Purchaser) and shall survive
CC the sale of the subject property to any third party.
Agreed & Accepted
sell
By: -�►� ►. �' 4/1■ —
.D :,..,.: .. LLC 1
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APPROVED
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2803-30430
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STATE OF OREGON, FORM N. 23— aO[NOWLEDGMENT.
Portland, -N OR 97204 Publishing Co. 1992
County of .7 71441 ...�._.__ 1 SS.
` Gqa 03
BE IT REMEMBERED, That on this 4._......... day of , ,
before me, undersigned, Notary Public in and for the State of Oregon, personally '9 ly appeared the within
named .- .... IA-. �J
known to me to be the idenj�i!cal individual described in and who executed the within instrument and
acknowledged to me that ..... ...2.1b....— executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
•, OFRCIAL SEAL my official seal the da st above written.
� - .
, • ;:; KAREN DUNS
COMPFTSSION B NO0 5
MY COMMISSION EXPIRES JUNE 18, 2130 Nsst lic for Oregon
' My commission expires ate, 0
STATE OFOREGON, - - Ne n m M
SS. Portland, OR 97204 ®1992
County of ... ... .. ..........__ ._...._.....__. J , ,49 _LJ �
BE IT REMEMBERED, That on this ' day of ����'l -._
before me, the undersi ed, a Notary Public in and for the State of Oregon, person ly a the within
named .. ...-_.. ... ._1 -rant./ A.S. .... $i1-fa%. -/-!:f . .. (..p
....119.?Vr c-i.,-e x WA Arty- ' Ziriii,6.%. C 4 - ; : 714. ' ) `t it-1 1 -
known to me • to be the identical individual.__ described in and who executed the within instrument and
acknowledged tome that .el . ,_...__........_.__...executed the same freely and voluntarily.
IN TESTIMONY WHEREOF, I have he - . o set my hand and affixed
my official seal e day and ar last above written.
OFRCIAL SE L
7. '.. `; KAREN DUNS —:._
NOTARY PliBLIO-O��ON ublic for Oregon
a
`; :1 COM►" 35 N0. 321902
MY(; SS43fl2 JUNE 18, 2003 My commission expires G /1.........
ijps
• Hall 1111 111 II
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OF
FlCWI.SEAL
r _ KAREN DUNS 2003 -30430 — - - --
\ ,,,V q1 ;SION _- ---
W COMMISSLUN EXPIRES JUNE 18, 20M ilire, , AP
Notary Publi , for Oregon
STATE OF OREGON )
) ss•
County Of Multnomah )
On this 28th day of February 2003, personally appeared the above -named
Douglas Fry and acknowledged the foregoing instrument to be his voluntary act and deed.
Before me:
1 111117 :M._
Notary ' . . lic for Oregon
;,2. - OFFICIAL SEAL
- ; _ KAREN DUNS
\, ; 'Y j COMMISSION NO. 321502
MY =MISSION EXPIRES JUNE 18, 2003
Page 3. Memorandum of Real Estate Contract
• .
2003 -30430
Required Notices:
(a) THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE
LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,
THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
(b) THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT
BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN
FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF
A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING AND FOREST
PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE
PROTECTION FOR STRUCTURES.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Real Estate
Contract the day and year first above written.
LAYTON PROPERTIES, LLC
By: A r.4
ffrT• n, Sole M � ouglas ry
SELLER BUYER
STATE OF OREGON )
) ss.
County of Multnomah )
On this 2lstday of February 2003, personally appeared the above -named
Jeffrey Layton and acknowledged the foregoing instrument to be his voluntary act and deed as
sole member of Layton Properties, LLC. Before me:
OFFICIAL SEAL
. KAREN DUNS
Page 2. Memorandum of Real Estate Contract y, tnar Pueuc•oRaoo
MY t ION EXPIRES .
S �ES J� 16, 2003
' The sketch below is made solely for the purpose of assisting in locating said premises and J.
. ' , the company assumes no liability for variations,' if any. in dimensions and location
• ascertained by actual survey.
P
J TICOR TITLE INSURANCE
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• Washington Co'. Oration 2004 -001927
• 01/09/2004 01:38:23 PM
o•CAS Pest own I no
• $26.00 $6.00 $11.00 • Total • $42.00
00516 14200400019270050054
I, Jerry Manson, OtmctordAaa1ment end Taxation .
and @:•t3kle County dab fatMahingbn County, ,oal
Oregon, do hwby sway that the Minn nutriment of .. . • )1o,i
veiling o of id c ou n md�lnahe book d :i ,
eon d alde vede • aA
Jerry R. Hanson, Ober aaanent end Taunton,
112.0ffido County Gerb
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ASSIGNMENT OF PARKING AGREEMENT
cl
's Assignment of Parking Agreement ( "Assignment ") is made effective as of this
day o 2004, by and between LAYTON PROPERTIES NO. 2 LLC, an Oregon
limited liability company, and LAYTON PROPERTIES L.L.C., an Oregon limited liability
company (collectively, "Assignor"), and HIP Willowbrook, LLC, a Delaware limited liability
company ( "Assignee "), with reference to the following:
RECITALS
A. Layton Properties No. 2 LLC, an Oregon limited liability company ( "Seller") has
sold and conveyed this date to Assignee that certain real property described in attached Exhibit A
( "Property ").
B. Layton Properties L.L.C., an Oregon limited liability company, is a party to a
Parking Agreement with Dr. Douglas Fry recorded on or about March 3, 2003, as Instrument No.
2003 - 030450 in the Official Records of Washington County, Oregon ( "Parking Agreement ").
The Parking Agreement affects the Property and other real property.
C. Assignee wishes to acquire all of Assignor's right, title and interest (
Agreement Interest ") under the Parking Agreement and Assignor is willing to assign such
Parking Agreement Interest to Assignee. Each of the entities within the definition of Assignor
acknowledges that each is an affiliate of the other, that each is benefited by the sale of the
Property to Assignee, and that such benefit constitutes valid and sufficient consideration for the
assignment herein of the Parking Agreement Interest.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, which are made a part
hereof, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Assignor hereby assigns absolutely to Assignee the Parking Agreement
Interest and Assignee accepts the Assignment of the Parking Agreement Interest and assumes the
obligations thereof to be performed by Assignor thereunder with respect to the period after the
date of this Assignment.
After Recording Return To:
Ticor Title Insurance •
1000 SW Broadway, Ste 1555
Portland OR 97205
12/29/2003 4:32 PM 1 S70T7.10024296-00153 1
Po (ttiiiliu it 11111'11
•
IN WITNESS WHEREOF, the parties have executed this Assignment effective as of the
date first above written.
ASSIGNOR: LAYTON PROPERTIES L. C., an Oregon
limit . " ty •
By i..r=
yton, it member
LAYTON PROPERTIES NO. 2 LLC, an
Oregon limited liability company
By: LAYTON PROPERTIES L.L.C., an
Or ited f ' lit pany
By M 'r.�
Wir r A il • yton, ' ole member
ASSIGNEE: HIP WILLOWBROOK, LLC, a D • are
limit - a il company
By �!
Its j7 11.1411'" T�,d - = ' — f I
1111111101111101111111111
DRAFT 12/29/2003 2:21 PM 2004 - 1927
Portindl- 2157077.10024296-00153 2
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ACKNOWLEDGMENTS
STATE OF OREGON ) •
)ss.
COUNTY OF MULTNOMAH )
This instrument was acknowledged before me this day of ' Dec •. ; 2003, by
Jeffrey Layton, the sole member of Layton Properties L.L.C., as manager on behalf of Layton
Properties No. .2 LLC, an Oregon limited liability company, on its,behalf.
. •
, ,. - L�--yy 9� . N h.c 1.
1 ,,,4*, GlA�1f 1 2 SM tTa6 a Notary Public :� .o co
NOTARY PUBUC-OREGON My commission expires:
COMRIHSSION NO. 355479 Commission No.: L 3 55 -1 7 4.7
DOVES MARCH 7, zoos .
STATE OF OREGON )
)ss. .
COUNTY OF MULTNOMAH )
This instrument was acknowledged before me this L30 day of 17ec • : 2003,, by •
• Jeffrey Layton, the sole member of Layton Properties L.L.C., an Oregon limited l •
company, on its behalf .
- -. OFFICIAL SEAL � .,�
.' .
L g11
' = ESAAVISEAM i
. 7-: -, NOTARY PUBUC- OREGON Notary Public
`Alv
s COMMISSION N0. 355479 My commission expires: L.5 -7 ' O (o
i -. - — MY CCIMMLSESON MIRES MARCH 7, M05
Commission No.: .S ci "7 /
•
STATE OF OREGON ) .
)ss.
COUNTY OF • MULTNOMAH ) d. . '
Thi instrument was acknowledged before me • is d
` day of A.�
j. H/J/ �4 , ilLffk/1% - . Cj rte - - - .
of HIP Willowbrook, LLC, a Delaware limited liabili company, on its behalf.
i
,o 4 -., OFFICIAL SEAL / • (_ 441--•-'" ,
KATHRY L. BORK .
0` NO PU BLIC- OREGON . Notary ' blic
- —Is- MY COMMISSION O. 347892 My commission expires: r - f ers
MY COMMISSION EXPIRES AUG.19, 2005 Commission No.: ='
DRAFT 12!29/2003 2:21 PM 1111111110111111 II IIIII III
• PorUnd1- 2157077.10024296-00133 3 2004_1927
EXHIBIT A
Legal Description
Parcel 1, Partition Plat 1998 -128, City of Tigard, County of Washington, State of Oregon.
DRAFT 12129/2003 2:21 PM IlIllI II' I I IIIII III
Portlnd1- 2157077.10024296 -00133 4
2004 -1927
a '
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• ` was11np°°" ` °'°"'', Oray°" 2003 -030450
03/03/2003 10:22:03 AM
y D.0 CIO itrtat0 D HOFFMAN
$10.00 $0.00 $11.00 $270.00 • Total • $327.00
OP Layton Properties, LLC
11535 SW Durham Road, Suite C6 I, Jary i�anaen, 0027314 a 0 1 2 s 00a0m 3
Ti
ard, OR 97224 andt: a-0 RkioCounyClarkforWahNpeonCount'. a
Tigard, `
Seller Oregon, do busby Wily that the within Instrument a ...
ream wancNvedand eordatlntha
lbookof r + t
scents of said candy. 0Ir ,�[1��.�,�,,��I
JanyR. Hanson „etorDlAlinim ant and Tliotlon,
Douglas Fry WM. County clerk
2423 Remington Drive -- -- — _ -- — -
` West Linn, OR 97068
1 \ Buyer
Until a change is requested,
all tax statements shall be
sent to the following address:
W Douglas Fry
2423 Remington Drive
West Linn, OR 97068
CC
v After recording return to:
p Alan M. Spinrad
�• Samuels Yoelin Kantor Seymour & Spinrad LLP
4640 SW Macadam Avenue, Suite 200
Portland, OR 97239 -4232
; §
MEMORANDUM OF REAL ESTATE CONTRACT
THIS MEMORANDUM OF REAL ESTATE CONTRACT is made this 3rd day of
March , 2003, between Layton Properties, LLC (” Seller" ), and Douglas Fry (" Buyer" ).
Pursuant to that certain Agreement for the Sale of Real Property dated March 3, 2003 ,
11) 2003, entered into between the parties to this Memorandum, Seller sold to Buyer the real property
Cr known as Parcel 2, Partition Plat 1998 -128, in the City of Tigard, County of Washington, State
of Oregon.
1 This Memorandum is executed to evidence and confirm the Agreement for the Sale of
Real Property referred to above, to which reference is made for its terms and conditions. Among
other things, upon full compliance with the terms and conditions of the Agreement for the Sale
of Real Property, Seller shall execute and deliver to Buyer a Statutory Warranty Deed conveying
said real property as provided therein.
The true and actual consideration for this conveyance is $270,000.00.
Page 1. Memorandum of Real Estate Contract "�, ; ?: WASHINGTON COUNTY
REAL PROPERLY TRANSFER TAX
$ e2/6. 3
• �� FEE PAID DATE
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