MMD2013-00026 MMD2O1 3-00026
BELLA
Ili STITUTE OF
COSMETEOLOGY
p
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2013 -00026 :
BELLA INSTITUTE OF COSMETOLOGY
TIGARD
120 DAYS = 12/29/2013
SECTION I. APPLICATION SUMMARY
FILE NAME: Bella Institute of Cosmetology
CASE NO.: Minor Modification (MMD) MMD2013 -00026
PROPOSAL: The proposed minor modifications to existing development would allow the
conversion of approximately 5,623 square feet of existing medical office space to
the Bella Institute School of Cosmetology. The space is located within Suite "D"
of an approximately 11,069 square foot building located at 11565 SW Hall
Boulevard.
APPLICANT: Tara Cantrell
16650 SW Fir Lane
Lake Oswego, Oregon 97034
OWNER: BKB Properties LLC
Attn: Kimberly Beddor
2215 SE Division St.
Portland, OR 97202
LOCATIONS: 11565 SW Hall Blvd, Suite D
WCTM 1S135DD, Tax Lot 01800.
ZONING
DESIGNATION: C -P: Professional /Administrative Commercial District: The C -P zoning district
is designed to accommodate civic and business /professional services and
compatible support services, e.g., convenience retail and personal services,
restaurants, in close proximity to residential areas and major transportation
facilities. Developments in the C -P zoning district are intended to serve as a
buffer between residential areas and more - intensive commercial and industrial
areas.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
MMD2013 -00026 Bella Institute Page 1 of 3
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 11565 SW Hall Boulevard, approximately 800 feet north of the intersection of
Hall Boulevard and Pacific Highway. The site is approximately 1.16 acres in size and contains a two -
story office building approximately 11,069 square feet in size. The building is divided into six
medical /dental suites, five on the lower floor and one on the second. Surrounding the building is
perimeter landscaping and vehicular parking. A search of City records revealed two historical land use
approvals for this property. The first was for site development review to construct Hall Boulevard
Professional Village (file No. SDR 41 -77), which was approved on January 23, 1978. The second was
for a minor modification to existing development to allow a 952 square foot addition, which was
approved on February 2, 1996.
Proposal Description:
The proposed minor modification to existing development would allow the conversion of Suite "D ",
approximately 5,623 square feet in size, from medical offices to a cosmetology school. This would
result in a change of land use category for business activities within the suite from office to personal
services. No exterior changes are proposed, save for the addition of one accessible parking spot. Only
minor tenant improvements are proposed on the interior of the structure.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
The proposed change in use requires a Minor Modification to approved plans or existing
development. Section 18.360.060.0 states that a minor modification shall be approved,
approved with conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: The change of land use classification is consistent with Tigard Development
Code Table 18.520.2 Use Table: Commercial Zones, which establishes both the
existing and proposed land use categories as permitted within the C -P Zone.
Associated with the change of land use category is a reduction in minimum
parking requirements for the site. In accordance with Chapter 18.765 Off - street
parking and loading requirements, medical offices require 3.9 spaces per 1,000
square feet and personal services 2.5 per 1,000 square feet. Combined with
parking reductions for multi- tenant projects, the minimum parking requirement
for this building would be reduced from 44 to 34 spaces. With a proposed
parking field of 65 spaces after the addition of one accessible space, the
proposal has sufficient off - street parking to comply with city standards. All
other applicable requirements of this title are satisfied. This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in TDC18.360.050.B.1 -11 are either satisfied
or do not apply. No relevant conditions of approval were discovered during a
review of the site's permit history. The Tigard Public Works Engineering
MMD2013 -00026 Bella Institute Page 2 of 3
Division does not expect more than 100 new trips per day as a result of this
project. Therefore, the proposed development is not a major modification. This
criterion is met.
CONCLUSION: The proposal is a minor modification of existing site development and is in
compliance with the applicable requirements of this title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON JULY 3, 2013.
AND BECOMES EFFECTIVE ON JULY 4, 2013.
Questions:
If you have any questions, please call John Floyd at the City of Tigard Planning Division, Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2429.
July 3. 2013
APPR j .1 B : Jo Floyd DATE
Associate Planner
503 - 718 -2429
johnfletigard- or.gov
MMD2013 -00026 Bella Institute Page 3 of 3
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City o f Tigard
IlY 0 TIGARD
• Minor Modification — Type amnia
TIGARD
GENERAL INFORMATION
Property Address /Location(s): In addition, the Director must find that the proposed
�Yr
SVU Nit �l. S'��G n O I .thange is in compliance with all applicable requirements of
Tax Map & Tax Lot #(s): Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Site Size: discussion indicating how the site expansion /change will
T - ��,� continue to comply with the maximum setback, building
Applicant*: r T E. a - height, parking, and landscaping standards. Other
Address: 1 ("SO S •P1 k L r. requirements of this title such as clear vision, solid waste
City /State: DStdta d Zip: ° ( 7014 -. storage, non - conforming situations, signs, and tree
Primary Contact: 5 41 1,, ( removal may also be applicable depending on the type and
Phone: 541 "5 2 k7lr>fallax: e s t - 3 f - 0 5 (DI, location of the proposed modifications.
E -Mail: +Oar A( e r r &tip InU i v. c ►'v'
Property Owner /Deed Holder(s) *:
(Attach list if more than one
h n''' Y REQUIRED SUBMITTAL ELEMENTS
cq�- 4- 1s -s�3o Q
Address: �4S 6,F_ 12.1V rSln Al _ _kThone. (Ap ations will not be accepted without the
City/State: PO , 0 fa. Zip: 4 19 - 2i) 2 - ollowing required submittal elements)
* When the owner and the applicant are different people, the tsi lication Form
applicant must be the purchaser of record or a lessee in er's Signature /Written Authorization
possession with written authorization from the owner or an Instrument or Deed
agent of the owner. The owner(s) must sign this application 1t Plan (Large Plans & One - Reduced to 81/2" x 11 ")
in the space provided on the back of this form or submit a
written authorization with this application. pplicant's Statement /Narrative (4 copies)
tla Filing Fee
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion —
or change does not invoke one or more of the criteria FOR STAFF USE ONLY
discussed within Section 18.360.050(B) - Site Development
Review or Section 18.330.020(B)(2) - Conditional Use. If the �7 .) '3 - 4
)
�)() Case No.(s): , / ��
modification exceeds the maximum allowed under any one or
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit. ,� (t 7 °%
Fee:
Applicant's Statement: Receipt No.: if / 9 40
The applicant's statement must include a summary of the Date: 4 ` o? - / 3
proposed changes. Criteria in either 18.360.050(B) or
I8.330.020(B)(2) must be addressed with a detailed response Application Accepted By: A
to each criterion. Failure to provide the information needed Date Determined Complete:
to process the application would be reason to consider an Revised: 6/24/2013
application incomplete and delay review of the proposal. I:\CURPLN\Masters\Land Use . hication, ,In,,,,
City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -718 -2421 I www.tigard or.gov I Page 1 of 2
r0i01
-
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and
the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this a 1 day of .l..f , 20 1 3
/
• ' er's Signa)ure Owner's Signature
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
City of Tigard I 13125 S \V Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard- or.gov I Page 2 of 2
CITY OF TIGARD RECEIPT
1 I I g 13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 191990 - 06/27/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013 -00026 Minor Modification to an Approved Plan - 100 - 0000 -43117 $81.00
LRP
MMD2013 -00026 Minor Modification to an Approved Plan 100 - 0000 -43116 $546.00
Total: $627.00
PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 10889 HWATKINS 06/27/2013 $627.00
Payor: Emmett Phair Construction
Total Payments: $627.00
Balance Due: $0.00
Page 1 of 1
Applicant Statement Supporting the City of Tigard Minor Modification —
Type I Application for Bella Institute at 11565 SW Hall Blvd. Tigard, OR
June 28, 2011
Applicant/ Bella Institute
Building Owner: Kimberly Beddor RECEIVED 503 - 475 -5830
kbeddor @gmail.com
Applicant Toni King & Associates JUN 2 7 2013
Representative: Tara Cantrell
503 - 235 -0243 CITY OF TIGARD
tc PLANNING /ENGINEERING
Bella Institute School of Cosmetology offers adult educations for hair design,
barbering, nail technology, esthetics and skin care at its current location in SE
Portland. The school is planning on relocating to the Hall Building Professional
Center at 11565 SW Hall Blvd, STE D Tigard, OR 97223.
Currently the building, SF, is divided into (6) dental / medical suites on
the lower level and (1) on the upper. The School will occupy approximately 5,623
SF including (3) of the current dental / medical suites, on the main level, leaving
(3) on the main level and (1) on the upper.
11565 SW Hall Blvd, STE D Tigard, OR 97223 is currently zoned C -P
Professional Commercial and although operating an adult training facility within
this zone is an allowed use, the change of use requires a minor modification.
The Beauty School will be completely housed within the existing building at
11565 SW Hall Blvd, STE D Tigard, OR 97223. No alterations to the exterior of
the building area will be necessary to accommodate the school. The only
change in parking will be the addition of (1) accessible parking spot required by
2010 OSSC table 1106.1. Only minor "tenant improvement" construction will be
necessary within the leased space.
The operational hours of Bella Institute are Monday through Thursday from
8:30am to 9:30pm and Friday 8:30am until 2:30pm. The school has 12 full time
employees. Weekday visitors to the school average about 80 and will arrive
either in their personal vehicles or by public transportation.
According to the criteria in section 18.360.050(B) we do not trigger a major
modification. See the detailed response written below each criterion.
1. An increase in dwelling unit density, or lot coverage for residential
development;
Response: Interior alterations only
2. A change in the ratio or number of different types of dwelling units;
Response: Not applicable
3. A change that requires additional on -site parking in accordance with
Chapter 18.765;
Response: Change of use does not require additional on -site parking
4. A change in the type of commercial or industrial structures as defined
by the Uniform Building Code;
Response: Not applicable, interior alterations only
5. An increase in the height of the building(s) by more than 20 %;
Response: No change in building height
6. A change in the type and location of accessways and parking areas
where off -site traffic would be affected;
Response: Not applicable
7. An increase in vehicular traffic to and from the site and the increase
can be expected to exceed 100 vehicles per day;
Response: Vehicular traffic is not expected to increase by more than
100 vehicles per day. Weekday visitors to the school average about 80
and will arrive either in their personal vehicles or by public
transportation.
8. An increase in the floor area proposed for a nonresidential use by
more than 10% excluding expansions under 5,000 square feet;
Response: Interior alterations only
9. A reduction in the area reserved for common open space and /or
usable open space which reduces the open space area below the
minimum required by this code or reduces the open space area by
more than 10 %;
Response: Not applicable
10.A reduction of project amenities below the minimum established by this
code or by more than 10% where specified in the site plan:
a. Recreational facilities;
b. Screening; and /or
c. Landscaping provisions.
Response: Not applicable
11.A modification to the conditions imposed at the time of site
development review approval which are not the subject of Subsections
B.1 through 10 above of this section.
Response: Not applicable
End of Document
Washington County, Oregon 2013.054314
06/1412013 04:01:33 PM
D-MALR Cnt =1 5tn =9 D MOON
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RECORDATION REQUESTED BY: 0 \ dr
Pacific Continental Bank v
Oregon Loan Operations
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P B 0727 ox 1 o
Eugene, OR 97440
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UN � � 2 0 E .O mint end _µma
I, Richard Hobernleht, Director of A
Taxation end x ftl county c • the wshlington jam,
WHEN RECORDED MAIL TO: , 'RD County. Ore o o
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Pacific Continental Bank ,� OF /G R� Instrument of writing was received • aid ra ord .1. , ..:
Oregon Loan Operations C NGNN . book of records of said soupy , �J �it� .• :;°
N N,NGI � ectorr of s .
PO Box 10727
1 eQ RlcherdT x ation, Ex - OfficiooCounty Clekentend
Eugene, OR 97440 Pv
SEND TAX NOTICES TO:
BKB Properties LLC
11565 SW Hall Blvd
Tigard, OR 97223 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
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1 ASSIGNMENT OF RENTS
3 THIS ASSIGNMENT OF RENTS dated June 5, 2013, is made and executed between BKB Properties LLC, an Oregon
limited liability company, whose address is 11565 SW Hall Blvd, Tigard, OR 97223 (referred to below as
"Grantor ") and Pacific Continental Bank, whose address is PO Box 10727, Eugene, OR 97440 (referred to below
as "Lender ").
00 ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and
I^() conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property
located in Washington County, State of Oregon:
The South one -half of Lot 26 and all of Lot 27, Block 0, METZGER ACRE TRACTS, EXCEPT that portion
conveyed to A.J. Pastor, Et ux, by Deed recorded in Book 382, Page 410, in the City of Tigard, County of
Washington and State of Oregon
The Property or its address is commonly known as 11565 SW Hall Blvd, Tigard, OR 97223. The Property tax
04. Q identification number is R276935.
J CROSS - COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus interest thereon, of
(') Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now
existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due,
direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or
Wjointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may
O be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may
become otherwise unenforceable.
=FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by lender to Grantor whether or not the
v advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in
F the Note, all future amounts Lender in its discretion may loan to Grantor, together with all interest thereon.
THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS
win
cu OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON
'E THE FOLLOWING TERMS;
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all
Q: amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless
and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may
remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect
the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that:
Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed
to and accepted by Lender in writing.
Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to
Lender.
No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force.
No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as
provided in this Assignment.
•
•
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000000000024054009040206052013'
ASSIGNMENT OF RENTS
Loan No: 24054 (Continued) Page 2
LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred
under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and
authority:
Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents
to be paid directly to Lender or Lender's agent.
Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any
other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property,
including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants
or other persons from the Property.
Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair, to pay the costs thereof
and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in
proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other insurance
effected by Lender on the Property.
Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Oregon and also all other
laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property.
Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as
Lender may deem appropriate.
Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name,
to rent and manage the Property, including the collection and application of Rents.
Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act
exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above.
No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have
performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing.
APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender
may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by
it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All
expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this
Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid.
FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations Imposed upon Grantor under
this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment
and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property.
Any termination fee required by law shall be paid by Grantor, if permitted by applicable law.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor
fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or
pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's
behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all
taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for
insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at
the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a
part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned
among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the
remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also
will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon
Default.
DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment
or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other
agreement between Lender and Grantor.
Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of or to effect discharge of any lien.
Default in Favor of Third Parties. Any guarantor or Grantor defaults under any loan, extension of credit, security agreement, purchase or
sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of any guarantor's or
Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in
any environmental agreement executed in connection with the Property.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this
•
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ASSIGNMENT OF RENTS
Loan No: 24054 (Continued) Page 3
Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or
becomes false or misleading at any time thereafter.
Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the
limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of
Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor
workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property securing
the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event
of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of
the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being
an adequate reserve or bond for the dispute.
Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, borrowed against, levied upon, seized, or attached.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the
same provision of this Assignment within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice
to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen
(15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one
or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately
due and payable, including any prepayment penalty that Grantor would be required to pay.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including
amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this
right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are
collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment
thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in
response to Lender's demand shall satisfy the obligations for which the payments are made. whether or not any proper grounds for the
demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not affect
Lender's right to declare a default and exercise its remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attomeys' fees at trial and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor
also will pay any court costs, in addition to all other sums provided by law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties
1 III ll
' 000000000024054009040406052013`
ASSIGNMENT OF RENTS
Loan No: 24054 (Continued) Page 4
as to the matters set forth In this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing
and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the
provisions of this Assignment.
Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the
laws of the State of Oregon without regard to its conflicts of law provisions. This Assignment has been accepted by Lender in the State of
Oregon.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Lane County,
State of Oregon.
Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at
any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment In the singular
shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this
Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue
any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower
need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only.
They are not to be used to interpret or define the provisions of this Assignment
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any
other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of
dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance
shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be
granted or withheld in the sole discretion of Lender.
Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered,
when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier,
or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses
shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal
written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor •
agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more
than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of
security and may not be revoked by Grantor until such time as the same are renounced by Lender.
Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible,
the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability
of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment.
Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantors interest, this Assignment shall be
binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the
Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Assignment.
Waive Jury. All parties to this Assignment hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any
party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
of Oregon as to all Indebtedness secured by this Assignment.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code:
Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified
from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time.
Borrower. The word "Borrower" means BKB Properties LLC.
Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default ".
DI:IQ d OM[H II�ICIC1011611�I�CDDII BIIIQ I�COICIC�I�I IIIIIIIDIC I H
" 000000000024054009040506052013'
ASSIGNMENT OF RENTS
Loan No: 24054 (Continued) Page 5
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this
Assignment.
Grantor. The word "Grantor" means BKB Properties LLC.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the
Note.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Specifically,
without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon
and all amounts that may be indirectly secured by the Cross - Collateralization provision of this Assignment.
Lender. The word "Lender" means Pacific Continental Bank, its successors and assigns.
Note. The word "Note" means the promissory note dated June 5, 2013, in the original principal amount of $1,980,000.00
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
for the promissory note or agreement.
Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment"
section of this Assignment.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future
leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits,
advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of
every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and
collect payment and proceeds thereunder.
THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN
AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON JUNE 5, 2013.
I
1 GRANTOR:
BKB PROPERTIES LLC
L /
BY: AR, /I /.:4 Ai ! _ B y :
KI be , y S. Beddor, anager o BKB • ropertles LLC arty D. Bed r, ember of BKB Properties LLC
•
Exhibit "A"
1. Rights of the public to any portion of the Land lying within streets, roads and highways.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document
Entitled: Easement, including the terms and provisions thereof,
In favor of: Adjoining owners
Purpose: Storm sewer
Recording Date: November 23, 1983
Recording No: 83- 043373
3. Encroachment Agreement, including the terms and provisions thereof,
Recording Date: January 25, 1996
Recording No.: 96- 007272
4. Agreement for shared use and maintenance of private storm drainage system, including the terms and
provisions thereof,
Recording Date: April 6, 1999
Recording No.: 99- 042319
•
•
•
•
It mum Hi 1 moll 11 Rom
` 000000000024054009040606052013*
ASSIGNMENT OF RENTS
Loan No: 24054 (Continued) Page 6
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT • ,40- OFFICIAL SEAL
STATE OF 0(011,11 ) '": 7' I CANDICE DAWN WEISCHEDEL
COUNTY OF I'll. � f ►v� J ) SS C S SI O N N O. 4
MY COMMISSION EXPIRES MARCH 05, 2014
On this l day of �V lY. , 20 t3 , before me, the undersigned Notary Public, personally
appeared Kimberly S. Beddor, Manager of BKB Properties LLC, and known to me to be a member or designated agent of the limited liability
company that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the limited
liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and purposes therein mentioned,
and on oath stated that he or she is authorized to execute this Assignment and in fact executed the Assignment on behalf of the limited liability
company. I/
By l liJ Y V� lX/�l�X t I � Residing at RCA CA ( I
Notary Public in and for the State of eY ` ed My commission expires �l l
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF (f) r ) � OFFICIAL SEAL
J CANDICE DAWN WEISCHEDEL
) SS NOTARY PUBUC -OREGON
1v
COUNTY OF ` l,�.l 4111511/1°L -- ) MY OM COMMISSION EXPIRES ICOMMISSION MARCH 05, 2014
On this 4 day of t E.■ , 20 [) , before me, the undersigned Notary Public, personally
appeared Barry D. Beddor, Member of BKB Properties LLC, and known to me to be a member or designated agent of the limited liability company
that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the limited liability
company, by authority of statute, its articles of organization or its operating agreement, for the uses and purposes therein mentioned, and on
oath stated that he or she is authorized to execute this Assignment and in fact executed the Assignment on behalf of the limited liability
company. /�/ �, ,��
By C " �'I ` l at .Cn-� Residing at PC-
�
Notary Public in and for the State of 0 f'2c -�— My commission expires 3( ` 'I
LASER PRO Lending, Ver. 12.4.10.003 Copr. Harland Financial Solutions, Inc. 1997, 2013. All Rights Reserved. - OR c: \CFI \LPL \G14.FC
TR -20379 PR- GENCOMML
John Floyd
From: Tara Cantrell <tc @tonikingassociates.com>
Sent: Monday, July 01, 2013 12:57 PM
To: John Floyd
Subject: Bella Institute Minor Mod
The entire building SF that the Bella Institute is occupies is approximately 11,069 SF. Please let me know if you have any additional
questions.
Thanks,
Tara
TARA CANTRELL, LEED AP ID +C, EDAC
pay: 503 235 13243 dct. 2R
33C SE MLK BLVD. Ste 350
Portland, OR' 972 %4
1
John Floyd
From: Mike McCarthy
Sent: Tuesday, July 02, 2013 6:06 PM
To: Albert Shields; John Floyd
Subject: RE: MMD2013- 00026, 11565 SW Hall, Bella Institute
Attachments: Mike McCarthy P E .vcf
Based on ITE's Trip Generation (8` Edition):
A 5,623sf Medical /Dental Office Building would be anticipated to generate approximately 203 vehicle trips per day.
The Trip Generation manual lacks detailed information on this specific usage type, but what data is there indicates that
the trip generation of the proposed use would be similar to or less than that of a medical office. The applicant states
that the school would have 12 full -time employees and about 80 visitors per day. The conservative assumption of four
trip ends (two in, two out) per employee and two trip ends (one in, one out) per visitor would lead to a calculated trip
generation of 208 trips per day, which is about equal to the trip generation of the site's previous use as a medical office.
Therefore, we can conclude that the proposed use of the site would NOT generate more than 100 trip ends more than
the current /previous use of the site.
Please let me know if you need any other information on this.
Thanks,
Mike
Mike McCarthy P.E.
City ofTigard
411 Pr
Senior Project Engineer
Streets and Transportation
13125 SW Hall Blvd
TIGARD Tigard, OR 97223
(503) 718- 2462Direct
(503) 624-0752Fax
mikem @tigard-or.gov
From: Albert Shields
Sent: Monday, July 01, 2013 11:20 AM
To: John Floyd
Cc: Mike McCarthy
Subject: MMD2013- 00026, 11565 SW Hall, Bella Institute
John, this confirms that, in my opinion, no TDT or Parks SDCs will be due on this proposed change of use.
The proposed use, adult education, would appear to have a much lower traffic impact than the existing use,
medical /dental office building, with a resultant lower TDT rate. Similarly, the educational use and would have fewer
employees and thus a lower Parks rate.
Albert
1
SDR 29 -77 PACIFIC YARD SERVICE 2/27/77
S W Hunziker
Office /Warehouse Distribution Center
SDR 30 -77 THE SIMMONS CO. (McHenry Const ) 10/10/77
S W 72nd Ave
24 800 sq ft Industrial Bldg
SDR 31 -77 McHENRY CONSTRUCTION INC. 12/15/77
15255 SW 72nd
Contractors Office and Storage Area
SDR 32 -77 FAMILY DRIVE -IN THEATRE (Eastvare Theatres) 4/11/77
11623 SW Pacific Hwy
Second Screen for Drive In
SDR 33 -77 ADMINISTRATIVE SERVICES CTR. (F /rst. State Bank). 10/20/77
7150 SW Sandburg Road
Addition to existing office building
SDR 34 -77 CHURCH OF non 9/11/77
15670 SW 98th
Addition to Existing Building
SDR 35 -77 EVERGREEN KNOLL BUSINESS CTR. (Van Gorder) 2/17/78
Varns Park 7100 SW Fir Loop
Fruit Shop
SDR 36 -77 TIGARD CARE CENTER (Pacific Care Center) 9/29/77
14145 SW 105th
720 sq ft dining room addition
SDR 37 -77 SCOFFTNS 4 -PT,FX
S W Scoffins
SDR 38 - 77 COLUMBIA HARDWOOD & MOULDIN( William Glazley) 10/24/77
12700 S W Hall Blvd
15 400 sq ft storage bldg
SDR 39 -77 GREAT WESTERN CHEMICAL 9/21/77
11440 S W Tiedeman Ave
Storage Tank Facility
SDR 40 -77 PRE.DELIVERY SERVICE (Dale Montgomery) 10/24/77
14880 SW 72nd
PO /1/4- 75 2 304 sq ft warehouse addition
SDR 41 -77 HALL BLVD. PROFESSIONAL VILLAGE (Dana Hughes) 1/19 78
11565 Hall Blvd
Medical Dental Office Bldg
SDR 42 -77 POP SHOPPE (Ken Justik) 11/1/77
11552 S W Pacific Highway
15 000 sq ft Retail /Warehouse Bldg
SDR 43 -77 UNION SERVICE STATION EXT 10/10/77
14030 SW Pacific Hwy
Remodeling
1