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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 irefox about:blank 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. Page 1 - RECIPROCAL PARKING EASEMENT AGREEMENT )f 5 11/16/2091. 5.36 PM irefox about:blanl 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. Page 2 - RECIPROCAL PARKING EASEMENT AGREEMENT !of 5 1 1/16/7.(1?1 irefox about:blank 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 �f 5 11/16/2021. 5:36 PM irefox about:blank 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 a irefox about:blank mz D mm I Y •m mo m a i • r�r • �O M F-IJ rn I � m � n � 1 a << m �^ l L o R I H � 8 8 51,E "ALL BL VE) ►f 5 11/16/2021. 5:36 PM 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