Tigard Christian Church - Parking Spaces Newberg Campus
2315 Villa Road
Northwest Newberg g, Oregon 97132
CHRISTIAN CHURCH (503) 538-3104
NEWBERG I TIGARD 1 MCMINNVILLE www.mynw.cc
City of Tigard
Attn: Shelby Rihala
13125 SW Hall Blvd
Tigard, OR 97223
November 17, 2021
To:Shelby Rihala, City Counsel for City of Tigard
RE: 90 Day Notice to Terminate Reciprocal Parking Easement Agreement
Dear Ms Rihila,
Please accept this letter as our 90 Day Notice to Terminate the Reciprocal Parking Easement Agreement
("Agreement"), dated October 22, 1990.
This Agreement was originally established between the City of Tigard and Tigard Christian Church. Tigard Christian
Church no longer is in existence and Northwest Christian Church now owns the property defined in the Agreement
(2S1 SDA Tax Lot 701).
Due to the City's decision to pursue the development of a Senior Apartment Unit Project on their parcel (2S1 2DB
Tax Lot 500), it will no longer be practicable for this Agreement to continue. Therefore, in accordance with Section
8 of the Agreement, Northwest Christian Church is hereby providing 90 Day written notice of termination of this
Agreement.
Please feel free to contact me if you have any questions.
Respectfully Yours,
a:.ry
Forrest Reinhardt
Executive Pastor
Northwest Christian Church
(!� NorthwestChristianChurch
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RECIPROCAL PARKING EASEMENT AGREEMENT
THIS AGREEMENT is effective this Qanday of �p1L�
1990, by and among the parties whose signatures appear below. The,
parties hereto are fee owners (hereinafter "Owners") of the
following described real property:
2S1 2DA Tax Lot 701 2S1 2DB Tax Lot 500
Washington County, Oregon Washington County, Oregon
Tigard Christian Church Tigard Senior Center
13405 SW Hall Boulevard (City of Tigard, owner)
Tigard, Oregon 97223 8815 SW Omara
Tigard, Oregon 97223
The parties hereto intend to share the use of the entry
driveways, parking areas, a connecting driveway between the parking
areas, the construction and grade of which must be approved by the
City of Tigard's Engineering Department, and a stairway, as shown
on Exhibit "A", to provide pedestrian and vehicular access and
parking for events held by either party.
1. Grant of Easement. Each Owner shall have the right to use the
other Owner's driveways and parking areas at all times except
during events scheduled by the other Owner, unless the other
Owner gives permission for use of its parking area during
such events. Both parties agree to exchange event schedules
regularly, and to notify one another of additional special
events as they occur, with as much advance notice as
possible.
2. Limits of Easement. The privileges granted under this
reciprocal agreement are limited to the areas shown on Exhibit
"A" as driveways, parking areas, and the driveway and the
stairway connecting the parking areas on the date of this
agreement. This agreement is not intended to cover any
parking areas or driveways constructed after this date. This
agreement is not intended to cover additional parking demand
created by the expansion of either owner's facility. In the
event of such expansion, this agreement may be renegotiated
or terminated in accordance with paragraph 8 hereof.
3. Maintenance. Each Owner shall be responsible for the
maintenance of its own driveways and parking area, except as
provided under section (4) below. Each Owner shall contribute
to the maintenance and repair of the stairway connecting the
parking areas, shown on Exhibit "A", dxcept as provided under
section (4) below.
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4. Individual Responsibility. Notwithstanding the provisions of
section (3) , each Owner is solely responsible for any
particular damage caused to the shared stairway or to the
private driveways and parking areas by the offending Owner,
the Owner's guests, invitees, or contractors.
5. Indemnification. Each Owner agrees to indemnify and hold the
other Owner harmless from all claims arising out of the use
of the shared stairway and of one Owner's driveway and parking
area premises by the other Owner, its contractors, agents,
guests and invitees.
6. Notice. In the event an Owner causes damage to the stairway
or to the private driveways or parking areas, then the Owner
shall be notified in writing of an assessment for the repair
of the stairway, driveway or parking area in need of repair.
Such notice shall be provided on behalf of the Owner who has
determined that such repairs are needed. Written notice shall
be mailed to the Owner at the address shown in the
introductory paragraph to this agreement.
7. Payment of Assessment. If an Owner is unable, unwilling or
refuses to comply with a written demand for payment of the
assessment within thirty (30) days of written notice to the
Owner, or the Owners cannot agree to a mutually acceptable
solution within thirty (30) days of written notice to the
Owner, then the remaining Owner shall have the right to do
either or both of the following:
(a) Assess that Owner for the cost of the work done; and
the remaining Owner shall have a lien upon the
nonperforming Owner's real property for the cost of
said repair, which lien shall be subordinate to any
prior recorded mortgage, trust deed or land sale
contract; and
(b) Bring suit or action against that Owner to enforce
collection of the assessment. In the event such
suit or action is brought to collect an assessment
or otherwise enforce the terms of this Agreement,
the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees, as awarded
by the court at trial or on appeal.
8. Duration and Termination of Agreement. This Agreement and the
obligations hereunder shall exist in perpetuity, unless
terminated by mutual agreement or upon 90 days' written notice
of termination by either party or unless all or a substantial
part of the easement area is acquired by or dedicated to a
municipal authority for public use. Both the benefit and
burden of the Agreement shall be appurtenant to and run with
the parcels described above.
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!of 5 1 1/16/7.(1?1
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9. Successors and Assigns. Both the burden and the benefit of
this Agreement shall extend to the heirs, successors and
assigns of all parties hereto, and shall run with the land
subject to this agreement. It is the intent of the parties
hereto to create a continuing obligation on the part of each
landowner, present or future, including any additional Owners
resulting from any further division of the existing parcels.
DATED this o�a/1d day of Ctt DDO.e A� , 1990.
CITY TIG TI D 7CHRLITIAN CHURCH
By By:
�ATRSGK T.-R .i�y QdlY1i11'�'f'Iri'fD!' cAL
Print Name & Title Pri t Name & Title
STATE OF OREGON )
County of WASH 1467b ss.
This instrument was acknowledged before me on C2c+obax
1990 by A�(-j CV- as�• 1 "1 1 1 of the City of
v1
Tigard, Oregon. ( le)
(NOTARIAL SEAL)
*eTARY PUBLIC FO OREGO
My Commission Expires: IVR
Page 3 - RECIPROCAL PARKING EASEMENT AGREEMENT
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STATE OF OREGON )
} ss.
County of U.AS N w-m;J )
This instrument was acknowledged before me on
3.990 by 6i�A)C. E.�i�c l�sbu , as cf6( (a"40 of the Tigard
Christian Church. (Title)
(NOTARIAL SEAL) Qfftda coua�"
NOTARY PUBLIC FOR OREGON
My Commission Expires:
NOTAREVANS
Y PUB11C-OR94
My Commission Expires
AFTER RECORDING, RETURN TO: NO CHANGES IN
TAX STATEMENTS
Kenneth M. Elliott
O'Donnell, Ramis, Crew & Corrigan
1727 NW Hoyt Street
Portland, OR 97209
Page 4 - RECIPROCAL PARKING EASEMENT AGREEMENT
L of S 1 1/1 Fi/7(1'I1 5•'�F PAi
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REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT("Agreement") is entered into as of this
1 st day of November, 2011, between TIGARD CHRISTIAN CHURCH ("TCC"or"Licensor")
and THE CITY OF TIGARD, an Oregon Municipal Corporation ("City" or"Licensee").
Recitals
A. Licensor controls the premises located at 13405 SW Hall Boulevard, and uses the
premises as a church. A parking lot is commonly associated with this use.
B. Since on or around August 2, 2004,City has used 20 parking spaces to store
personal vehicles driven by employees of the City of Tigard. In 2004 the parties signed a letter
agreement to establish terms of the City's parking use. Now, the parties wish to update the terms
and form of their agreement.
NOW, THEREFORE, in consideration of the covenants and mutual promises contained
herein, TCC and the City agree as follows:
Terms of Agreement
I. Description of the license area: TCC grants a license for use of 20 parking
spaces in the parking lot commonly associated with the Tigard Christian Church at 13405 SW
Hall Boulevard, Tigard,Oregon.
2. Supersession: This license supersedes and replaces all previous agreements
between the parties on the subject of vehicle parking.
3. Term of agreement: This license is an ongoing month-to-month agreement
commencing November 1, 2011. Subject to section 13, below, this license may be cancelled
upon thirty(30) days written notice by either party.
4. Superior right of TCC: If Licensor finds a need to use all of the parking spaces
in the parking lot on a specific day, Licensor shall notify Licensee seven (7)days in advance of
the day and time the spaces will not be available for library employee use. Licensor shall deliver
notice in writing,via e-mail or US mail, to both the Library Director and Assistant to the Library
Director.
5. Payment: City will pay TCC $2000.00 by November 30 of each year this license
is in effect.
6. Signs: Licensee will provide and maintain signs that mark the parking spaces
subject to this agreement. Licensee is responsible for ensuring the signs remain in good repair.
7. Maintenance: Licensor is solely responsible to maintain the premises in a
reasonable condition consistent with use as a parking lot. Conditions shall be maintained
commensurate with the conditions that exist at the time of signing this license.
50011-36792 License for tigard chrishan church parking lot use.DOL1TRN/9/8/2011
i
8. Assignment: Licensee may not assign this agreement or any rights hereunder to
any other party without Licensor's prior written consent, which consent may be granted or
withheld in Licensor's sole discretion.
9. Indemnification: Subject to the limits of Oregon law, City indemnifies and
saves TCC free and harmless from any and all claims, damages, costs, and expenses (including,
without limitation, attorney's fees) on account of any injury, including death, to any person or
persons (including employees and invitees of City) or damage to property belonging to Licensor
as well as to property belonging to third persons (including employees and invitees of City)
resulting in any manner directly or indirectly from or in conjunction with the use of the licensed
Premises by City, its employees or other invitees except as may arise from the gross negligence
or intentional act of TCC and its employees and invitees. City further agrees to obtain and
maintain throughout the term of this agreement public liability insurance coverage in an amount
not less than $500,000 for property and $500,000 for the death or injury of one person and
$1,000,000 for any one accident or casualty. Such insurance shall name Tigard Christian Church
as an additional insured. City shall provide TCC with a certificate of insurance evidencing such
insurance prior to commencement of this license.
10. No partnership: The parties hereby disclaim any intention to create by this
agreement, or otherwise, a joint venture or partnership.
11. Damage in excess of ordinary wear and tear: Licensee acknowledges that
Licensor is granting this license to use the Premises in its current condition. Licensee shall be
liable to Licensor for the cost of repair of any damage to any portion of the Premises caused by
licensee, its employees or invitees in excess of ordinary wear and tear.
12. Notices: Any notices to be given by one party to the other shall be delivered to
the following addresses:
To City: To TCC:
1—A,,T,,, Pjik,, V�lat � �-- ta, 1 A
`I-7z23
The parties may from time to time designate other persons, addresses, or email addresses in
writing. Notices sent by FAX, email, or US mail shall be deemed to have been given when
transmitted or mailed, and if mailed the postmark affixed by the U.S. Postal Service shall be
conclusive evidence of date of mailing notice.
13. Cancellation: If the right to cancel is invoked under Section 3 of this agreement
then the following apply:
50014-36792 License for Tigard chrisiian church parking tol use.D00TRN/9/8/2011
March 3, 2005
Pastor Cal Habig
Tigard Christian Church
13405 SW Hall Blvd
Tigard, OR 97223
Dear Pastor Habig,
This letter shall confirm the terms of the agreement, by and between Tigard Christian
Church and the City of Tigard ("Licensee") to grant the City of Tigard a revocable license to
utilize twenty (20) spaces in the parking lot commonly associated with the Tigard Christian
Church at 13405 SW Hall Boulevard, Tigard, OR, ("Licensed Premises")for parking of
library staff personal vehicles. The City has used the parking spaces since August 2, 2004,
eleven weeks prior to this agreement. This license is granted upon the following terms and
conditions:
1. The Licensed Premises may be used only by the employees of Licensee for the
parking of employee's personal vehicles. The Licensed Premises may not be used
for car washing or non-emergency repair of vehicles.
2. This license shall be on a month-to-month basis, commencing August 2, 2004. This
license may be canceled upon thirty (30) days written notice by either party.
3. If the Licensor finds a need to use all of the parking spaces in the parking lot on a
specific day, Licensor shall notify Licensee seven (7) days in advance of the day and
the time the spaces will not be available for the library employee's use. Notice shall
be in writing via e-mail or U.S. Mail to the Library Director and Confidential Assistant
to Library Director,
4. In consideration of Licensor granting this license to Licensee, and Licensee utilized
the premises throughout at least 80% of the term, Licensee shall resurface and
stripe the parking lot between August 2 and November 30, 2007 and within six (6)
months of the conclusion of every five (5) years of the agreement thereafter, as long
as the agreement continues in effect for at least 80% of the term.
Licensee shall also provide and maintain signs to mark the parking spaces and
ensure the signs are in good repair.
5. Licensee may not assign this agreement or any rights hereunder to any other party
without Licensor's prior written consent, which consent may be granted or withheld in
Licensor's sole discretion.
6. Subject to the limits of Oregon law, licensee shall indemnify and save Licensor free
and harmless from any and all claims, damages, costs and expenses (including,
without limitation, attorney's fees) on account of any injury, including death, to any
person or persons (including employees and invitees of Licensee) or damage to
property belonging to Licensor as well as to property belonging to third persons
(including employees and invitees of Licensee) resulting in any manner directly or
Library Staff Parking Agreement 1
a. If TCC notifies City of its right to cancel this agreement and requests a
cancellation, the City payment obligation under section 5 for that year shall be
prorated to the date of cancellation. If in the event of cancellation by the TCC,
the City has already paid more for the current year than the prorated amount due,
TCC shall refund to the City the difference of the amount of all City payment(s)
for that year and the prorated amount actually owed.
b. If City notifies TCC of its right to cancel this agreement, there is no applicable
refund provision.
14. Amendments in writing: The parties are free to amend this agreement at any
time. Any modification to this agreement, or any additional obligation assumed by any party in
connection with this agreement, shall be binding when reduced to writing and signed by both
parties.
15. Entire agreement: This agreement constitutes the entire agreement between the
parties, and no prior understanding or representation preceding the date of this agreement is
binding except to the extent incorporated into this agreement.
16. Applicable law: All disputes arising out of or relating to this agreement shall be
governed by the laws of the State of Oregon.
IN WITNESS WHEREOF the parties have executed this agreement as of November 1,
2011, as indicated below:
TIGARDnC,HRISTIAN CHURCH CITY OF TIGARD
Authorized Party City Manag
W (Z� �rM a c 4--w Win e,
Print name Print name
50014-36792 License for Tigard chrishan church parking lot use.DOL\TRN/918/2011
indirectly from or in conjunction with the use of the licensed Premises by Licensee,
its employees or other invitees except as may arise from the gross negligence or
intentional act of Tigard Christian Church and its employees and invitees. Licensee
further agrees to obtain and maintain throughout the term of this agreement public
liability insurance coverage in an amount not less than $500,000 for property and
$500,000 for the death or injury of one person and $1,000,000 for any one accident
or casualty. Such insurance shall name Tigard Christian Church as an additional
insured. Licensee shall provide Licensor with a certificate of insurance evidencing
such insurance prior to commencement of this license.
7. Licensee and Licensor hereby disclaim any intention to create by this agreement, or
otherwise, a lease,joint venture or partnership; it being understood and agreed that
licensor has, by this agreement, granted only a revocable license for parking
purposes.
8. Licensee acknowledges that licensor is granting this license to use the Licensed
Premises in its current condition. Licensee shall be liable to Licensor for the cost of
repair of any damage to any portion of the Licensed Premises caused by licensee,
its employees or invitees in excess of ordinary wear and tear.
9. All notices to be given by Licensee to Licensor shall be delivered to the following
address: 13405 SW Hall Boulevard, Tigard, Oregon, 97223, Attention: Pastor Cal
Habig.
Please indicate your agreement to the foregoing by signing below and returning the same to
City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon, 97223, Attention: Liz Newton.
Very truly yours,
City of Tig r
Craig Prosser
Interim City Manager
AGREED:
For City#Tigard Tigar Christian Church
By: Craig Prosser By: �lvcn 1 1�►V��
Title: Interim City Manager Title: Sellar `t�tSl�
iAadm\liz\letters\library parking agreement 041020.doc10/20/04
Library Staff Parking Agreement 2
March 3, 2005
Pastor Cal Habig
Tigard Christian Church
13405 SW Hall Blvd
Tigard, OR 97223
Dear Pastor Habig,
This letter shall confirm the terms of the agreement, by and between Tigard Christian
Church and the City of Tigard ("Licensee") to grant the City of Tigard a revocable license to
utilize twenty (20) spaces in the parking lot commonly associated with the Tigard Christian
Church at 13405 SW Hall Boulevard, Tigard, OR, ("Licensed Premises") for parking of
library staff personal vehicles. The City has used the parking spaces since August 2, 2004,
eleven weeks prior to this agreement. This license is granted upon the following terms and
conditions:
1. The Licensed Premises may be used only by the employees of Licensee for the
parking of employee's personal vehicles. The Licensed Premises may not be used
for car washing or non-emergency repair of vehicles.
2. This license shall be on a month-to-month basis, commencing August 2, 2004. This
license may be canceled upon thirty (30) days written notice by either party.
3. If the Licensor finds a need to use all of the parking spaces in the parking lot on a
specific day, Licensor shall notify Licensee seven (7) days in advance of the day and
the time the spaces will not be available for the library employee's use. Notice shall
be in writing via e-mail or U.S. Mail to the Library Director and Confidential Assistant
to Library Director,
4. In consideration of Licensor granting this license to Licensee, and Licensee utilized
the premises throughout at least 80% of the term, Licensee shall resurface and
stripe the parking lot between August 2 and November 30, 2007 and within six (6)
months of the conclusion of every five (5) years of the agreement thereafter, as long
as the agreement continues in effect for at least 80% of the term.
Licensee shall also provide and maintain signs to mark the parking spaces and
ensure the signs are in good repair.
5. Licensee may not assign this agreement or any rights hereunder to any other party
without Licensor's prior written consent, which consent may be granted or withheld in
Licensor's sole discretion.
6. Subject to the limits of Oregon law, licensee shall indemnify and save Licensor free
and harmless from any and all claims, damages, costs and expenses (including,
without limitation, attorney's fees) on account of any injury, including death, to any
person or persons (including employees and invitees of Licensee) or damage to
property belonging to Licensor as well as to property belonging to third persons
(including employees and invitees of Licensee) resulting in any manner directly or
Library Staff Parking Agreement 1
indirectly from or in conjunction with the use of the licensed Premises by Licensee,
its employees or other invitees except as may arise from the gross negligence or
intentional act of Tigard Christian Church and its employees and invitees. Licensee
further agrees to obtain and maintain throughout the term of this agreement public
liability insurance coverage in an amount not less than $500,000 for property and
$500,000 for the death or injury of one person and $1,000,000 for any one accident
or casualty. Such insurance shall name Tigard Christian Church as an additional
insured. Licensee shall provide Licensor with a certificate of insurance evidencing
such insurance prior to commencement of this license.
7. Licensee and Licensor hereby disclaim any intention to create by this agreement, or
otherwise, a lease, joint venture or partnership; it being understood and agreed that
licensor has, by this agreement, granted only a revocable license for parking
purposes.
8. Licensee acknowledges that licensor is granting this license to use the Licensed
Premises in its current condition. Licensee shall be liable to Licensor for the cost of
repair of any damage to any portion of the Licensed Premises caused by licensee,
its employees or invitees in excess of ordinary wear and tear.
9. All notices to be given by Licensee to Licensor shall be delivered to the following
address: 13405 SW Hall Boulevard, Tigard, Oregon, 97223, Attention: Pastor Cal
Habig.
Please indicate your agreement to the foregoing by signing below and returning the same to
City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon, 97223, Attention: Liz Newton.
Very truly yours,
City of Tig
Craig Prosser
Interim City Manager
AGREED:
For City YTigard Tigar Christian Church
By: Craig Prosser By: (1310ca
Title: Interim City Manager Title: S'aA ar ► 1 `iy\is e r
iAadm\liz\letters\library parking agreement 041020.doc10/20/04
Library Staff Parking Agreement 2
October 20, 2004
Pastor Cal Habig
Tigard Christian Church CITY OF TIGARD
13405 SW Hall Blvd
Tigard, OR 97223 OREGON
Dear Pastor Habig,
This letter shall confirm the terms of the agreement, by and between Tigard Christian
Church and the City of Tigard ("Licensee") to grant the City of Tigard a revocable license to
utilize twenty (20) spaces in the parking lot commonly associated with the Tigard Christian
Church at 13405 SW Hall Boulevard, Tigard, OR, ("Licensed Premises")for parking of
library staff personal vehicles. The City has used the parking spaces since August 2, 2004,
eleven weeks prior to this agreement. This license is granted upon the following terms and
conditions:
1. The Licensed Premises may be used only by the employees of Licensee for the
parking of employee's personal vehicles. The Licensed Premises may not be used
for car washing or non-emergency repair of vehicles.
2. This license shall be on a month-to-month basis, commencing August 2, 2004. This
license may be canceled upon thirty (30) days written notice by either party.
3. If the Licensor finds a need to use all of the parking spaces in the parking lot on a
specific day, Licensor shall notify Licensee seven (7) days in advance of the day and
the time the spaces will not be available for the library employee's use. Notice shall
be in writing via e-mail or U.S. Mail to the Library Director and Confidential Assistant
to Library Director,
4. In consideration of Licensor granting this license to Licensee, and Licensee utilized
the premises throughout at least 80% of the term, Licensee shall resurface and
stripe the parking lot between August 2 and November 30, 2007 and within six (6)
months of the conclusion of every five (5) years of the agreement thereafter, as long
as the agreement continues in effect for at least 80% of the term.
Licensee shall also provide and maintain signs to mark the parking spaces and
ensure the signs are in good repair.
5. Licensee may not assign this agreement or any rights hereunder to any other party
without Licensor's prior written consent, which consent may be granted or withheld in
Licensor's sole discretion.
6. Subject to the limits of Oregon law, licensee shall indemnify and save Licensor free
and harmless from any and all claims, damages, costs and expenses (including,
without limitation, attorney's fees) on account of any injury, including death, to any
person or persons (including employees and invitees of Licensee) or damage to
property belonging to Licensor as well as to property belonging to third persons
(including employees and invitees of Licensee) resulting in any manner directly or
13125 SW H9WcAaffi990n9Rb9W ,(¢03)639-4171 TDD (503)684-2772
e
indirectly from or in conjunction with the use of the licensed Premises by Licensee,
its employees or other invitees except as may arise from the gross negligence or
intentional act of Tigard Christian Church and its employees and invitees. Licensee
further agrees to obtain and maintain throughout the term of this agreement public
liability insurance coverage in an amount not less than $500,000 for property and
$500,000 for the death or injury of one person and $1,000,000 for any one accident
or casualty. Such insurance shall name Tigard Christian Church as an additional
insured. Licensee shall provide Licensor with a certificate of insurance evidencing
such insurance prior to commencement of this license.
7. Licensee and Licensor hereby disclaim any intention to create by this agreement, or
otherwise, a lease,joint venture or partnership; it being understood and agreed that
licensor has, by this agreement, granted only a revocable license for parking
purposes.
8. Licensee acknowledges that licensor is granting this license to use the Licensed
Premises in its current condition. Licensee shall be liable to Licensor for the cost of
repair of any damage to any portion of the Licensed Premises caused by licensee,
its employees or invitees in excess of ordinary wear and tear.
9. All notices to be given by Licensee to Licensor shall be delivered to the following
address: 13405 SW Hall Boulevard, Tigard, Oregon, 97223, Attention: Pastor Cal
Habig.
Please indicate your agreement to the foregoing by signing below and returning the same to
City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon, 97223, Attention: Liz Newton.
Very truly yours,
City 9 of Tigard
William A. Monahan
City Manager
AGREED:
For City of Tigard Tigard Christian Chur
By: William A. Monahan By: V i A1 t3+U 1
Title: City Manager Title: 7 PeK'lW L At
lAadmMizNetterslibrary parking agreement 041020.doc10/20/04
Library Staff Parking Agreement 2