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MMD2008-00011
MMD2008 00011 BURGERVILLE RESTAURANT City of Tigard, Oregon 13125 SW Hall Blvd. • Tigaru., JR 97223 July 1, 2008 • • • ._ T I GARD Brian Carrico, Senior Planner/Project Manager Berger/Abam Engineers, Inc. 1111 Main Street, Suite 300 Vancouver, WA 98660 RE: Minor Modification Approval - Burgerville Restaurant 12785 SW Pacific Highway, WCTM 2S102BD, Tax Lot 00701 Case File No. MMD2008-00011 Dear Mr. Carrico: This letter is in response to your request for Minor Modification approval (MMD2008-00011) of previously approved plans for a Wendy's Restaurant located at 12785 SW Pacific Highway, WCTM 2S102BD, Tax Lot 701. The site is zoned General Commercial (C-G), as are the other parcels located along Pacific Highway. Properties to the northwest are zoned Medium-High Density residential zoning (R-12). The request is to approve site and building modifications for a Burgerville restaurant. These exterior changes include the addition of a pedestrian plaza within existing parking spaces and an increase to the height of the building. All modifications to the building will occur within the existing footprint. A search of City records revealed three previous land use cases on the parcel. The original approval for a restaurant with drive-through window was granted by Conditional Use (CU 35-77). Approval for the Wendy's was given in 1978 (SDR 4-78). A 300 square-foot accessory storage building was approved in 1981 (SDR 28-81). No other land use cases were found. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY RelaPag5d39g$4.2772 ■ 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Minimum parking requirements are based on the proposed use and square footage of the building. The existing use and square footage will not change; therefore no additional on-site parking is required for the proposed Burgerville restaurant. Based on the proposed site plan and narrative, the applicant will eliminate three parking spaces for a new pedestrian plaza along the north side of the building. This plaza will include a rainwater cistern and bicycle parking. The applicant states that there are 54 parking spaces. Based on the requirement of 9.9 spaces per 1,000 square feet, this 2,860 square foot building requires 29 parking spaces. This standard is met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has proposed to remove the existing sunroom on the east side of the building and raise the roof to create a clerestory window for natural light. The height of the existing structure is 15 feet 9 inches. The new roofline is pitched and therefore measured to the average height of the highest gable. The new height is 18 feet 10 inches, an increase of 20%. This criterion is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No changes to the accessways or parking areas are proposed that affect off-site traffic. This criterion is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The existing use is a fast-food restaurant, and the proposed use is the same. Traffic increases are not anticipated because the square footage of the structure will remain the same, and the seating capacity will be slightly reduced after the remodel. This criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The applicant is not proposing to increase the floor area of the building. This standard is met. 7/1/08 Burgerville Minor Modification (MMD2008-00011) Page 2 of 3 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. No changes are proposed that affect the existing landscaping. Proposed changes are within the existing building footprint or within the existing parking areas. This criterion is satisfied. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. Previous site designs were approved under SDR 4-78 and SDR 28-81. The proposed modification does not affect the conditions imposed by these decisions. No changes to previously imposed conditions are requested with this application. This criterion is met. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, or injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local, state, and federal laws: THIS REQUEST FOR MINOR MODIFICATION APPROVAL IS HEREBY GRANTED. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 2437. Sincerely, Cheryl Caines Associate Planner c: Lawrence K. Peterson Law Office c/o Catherine McNicol Benneth 8 North State Street, Suite 301 Lake Oswego, OR 97034-3956 7/1/08 Burgerville Minor Modification (MMD2008-00011) Page 3 of 3 'I . II I / CITY of TIGARD 0 GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP 1 1 %I> `tirrir � F MMD208-00011 • i • ro CFO Ally . 400.- et.ofri. BURGERVILLE to 0 tPt,,s 77,� • RESTAURANT et 4m4w .e477 t."6.4 -,. ' i 4#* 41P4I it i#1 • -1.: , 1 A' • r LEGEND: .P ,, j SUBJECTv.• SITE 40 ♦ s VI # l-, 054 faYL F W , 1.-J `i*. / AI7 Nu.- > sill K 1,7* .41,fr, 4, , BEEF aEnG RO.. ( OURF iIi c PJ Tigard Area Map,. • ## '94 k?"\\\ • ��y ' •••di/x 'r 0 100 200 300 400 500 Feel 4 It 11:a , .' , I 387 feet ipw—4* =ILI . 1111 * * ''4 N i fl‘ir ST 4111110 ♦ • ` 44%* Information on this map is for general location only and ' ., . . should he vented wth the Development Services Division. j. 13125 SW Hall Blvd , . . Tgard,OR 97223 • • • hwiv 639-4171 / _ �- _ �r , hltpalwww.ci.tigard.or us Community Development Plot date:Jul 1,2008;C:lmagic\MAGIC03.APR LITMUS design+architecture SM.Er MOTES SUMP OGSMNJT SUMP • armoEw • ' RU •��• Ii ' BV TIGARD �J ems SW MOM mw I d / a /} sr J 1$ n oicT•rJ_T mw y M `r /y PIELFASIE OM • 1 le WJIN MTE x,10∎11101 / ss.aIS UM nmrwnaJ • • J' le i , / 3E7 MOTES i .4 i I: t ', i Law.=as Ima.mow..02.....1.11.MD I I / . . •• ......-,40 - / .... .0 I 4. ligh�• 11,1"11%® ,E.MMET,OMN .KM...Tom.afan • TAX SITIE WE MD.1, mamma MIUMO zs 00.5. ,MET C� E Site Plan Site Plan A 100 FINAL APPROVAL CITY OF TIGARD PLA 1tVtI4A31 DIVISION It Bye.th1 DATE '�-/oB t • MV D0 .eaY-00011 AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard, Washington County, Oregon and that I served the following: © NOTICE OF DECISION FOR: MMD2008-00011/BURGERVILLE RESTAURANT (File No/Name Reference) ❑ AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", and by reference made a part hereof, on July 2, 2008, and deposited in the Un' ed States Mail on July 2 2008, postage prepaid. (Person ear Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the ?d day of Aitd(,(Si ,2008. SHIRLEY• L TREAT � �f,� , ,,.�- ?, NOTARY PUBLIC-OREGON 1 ` b' l ; / COMMISSION NO.41677? N ARY P LIC OP OREGON MY COMMISSION EXPIRES APRIL 25,2011 ', - My Commission Expires: c(b-sI i( EXHIBIT A City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, JR 97223 July 1, 2008 'i• T I GARD Brian Carrico, Senior Planner/Project Manager Berger/Abam Engineers, Inc. 1111 Main Street, Suite 300 Vancouver, WA 98660 RE: Minor Modification Approval - Burgerville Restaurant 12785 SW Pacific Highway, WCTM 2S102BD, Tax Lot 00701 Case File No. MMD2008-00011 Dear Mr. Carrico: This letter is in response to your request for Minor Modification approval (MMD2008-00011) of previously approved plans for a Wendy's Restaurant located at 12785 SW Pacific Highway, WCTM 2S102BD, Tax Lot 701. The site is zoned General Commercial (C-G), as are the other parcels located along Pacific Highway. Properties to the northwest are zoned Medium-High Density residential zoning (R-12). The request is to approve site and building modifications for a Burgerville restaurant. These exterior changes include the addition of a pedestrian plaza within existing parking spaces and an increase to the height of the building. All modifications to the building will occur within the existing footprint. A search of City records revealed three previous land use cases on the parcel. The original approval for a restaurant with drive-through window was granted by Conditional Use (CU 35-77). Approval for the Wendy's was given in 1978 (SDR 4-78). A 300 square-foot accessory storage building was approved in 1981 (SDR 28-81). No other land use cases were found. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The proposal does not involve residential property. Therefore, this standard does not apply. Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay'.•ag5d39 4.2772 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. Minimum parking requirements are based on the proposed use and square footage of the building. The existing use and square footage will not change; therefore no additional on-site parking is required for the proposed Burgerville restaurant. Based on the proposed site plan and narrative, the applicant will eliminate three parking spaces for a new pedestrian plaza along the north side of the building. This plaza will include a rainwater cistern and bicycle parking. The applicant states that there are 54 parking spaces. Based on the requirement of 9.9 spaces per 1,000 square feet, this 2,860 square foot building requires 29 parking spaces. This standard is met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has proposed to remove the existing sunroom on the east side of the building and raise the roof to create a clerestory window for natural light. The height of the existing structure is 15 feet 9 inches. The new roofline is pitched and therefore measured to the average height of the highest gable. The new height is 18 feet 10 inches, an increase of 20%. This criterion is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. No changes to the accessways or parking areas are proposed that affect off-site traffic. This criterion is satisfied. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The existing use is a fast-food restaurant, and the proposed use is the same. Traffic increases are not anticipated because the square footage of the structure will remain the same, and the seating capacity will be slightly reduced after the remodel. This criterion is satisfied. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The applicant is not proposing to increase the floor area of the building. This standard is met. 7/1/08 Burgerville Minor Modification (MMD2008-00011) Page 2 of 3 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There are no areas reserved for common open space within this development. This standard does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. No changes are proposed that affect the existing landscaping. Proposed changes are within the existing building footprint or within the existing parking areas. This criterion is satisfied. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. Previous site designs were approved under SDR 4-78 and SDR 28-81. The proposed modification does not affect the conditions imposed by these decisions. No changes to previously imposed conditions are requested with this application. This criterion is met. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental, or injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local, state, and federal laws: THIS REQUEST FOR MINOR MODIFICATION APPROVAL IS HEREBY GRANTED. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext. 2437. Sincerely, ju a. Cheryl Gaines Associate Planner c: Lawrence K. Peterson Law Office c/o Catherine McNicol Benneth 8 North State Street, Suite 301 Lake Oswego, OR 97034-3956 7/1/08 Burgerville Minor Modification (MMD2008-00011) Page 3 of 3 r)' 'I ` CITY of TIGARD j i � O 1 GEOGRAPHIC INFORMATION SvSTEM VICINITY MAP 1 il, • )N s I �,�.. Nso ,,F MMD208-00011 ■ >� *CS. � BURGERVILLE p es. . � 4,# RESTAURANT ,_ .. , 4-.1,0 p, iT ,F.y4 -.4- LEGEND: . 4. * .„,,, , SUBJECT ,, V • j SITE .40 4 .97:1110140 •_,1 11111ko,. - J ta0 Y •, 4BRRV,‹ sue:. � �� .N04Ls7T RO QP .. tJ•' I / ,�P. • BEEF RENO RO.. ( DURrah1 RO Tigard Area Map l/1J N 1t1A.z: .■ �. 0 100 200 300 400 500 Feet s Td,OR 97223, . (503)8393171 \ htt Tigard, W.Ci.tlg 7223.u3 Community Development Plot date:Jul 1,2008;C:\magic\MAGIC03.APR • LITMUS design+architecture ` SHEET.gTE5 STMT. ---- cOMSIITTMIT STAMP N ST'..0C W T, BV TIGARD R J I 0'''''...=1"=.". / C.TK' TgMq.OR .MM aa , ourw.T:+�.ArR ■ a . I 4 ! ly ..�,.= MIME wre 1 WAX EM GESC�HOM ® I _ Imo, EMU uuwrnc.mw • il• •••••••`Tl ' SET NOTES o._ Mg,...M..A..RAA MAm, I ej I iLli ..... I i I s• rh411111111M11141. I i 01 .1.. '-__ / _—- /ca INFO est, MEMO PUMPED A P.O.PROVIOM �c4ervill T' �E Site Plan e Site Plan A 1 00 F� , SitE.. .]S __-.-.. FINAL APPROVAL^ .4 CITY C)F TIGARD Ncvr1401 DIV iSION BYC•the>1Q,..)_DATE (7+I'10 g _ .... M 000 Ii Brian Carrico, Project Manager/Sets_.,. Planner EXHIBIT (8 BertgerAbam Engineers, Inc. MMD2008-00011 1111 Main Street, Suite 300 BURGERVILLE RESTAURANT Vancouver, WA 98660 Catherine McNicol Benneth 3830 Robin Creek Lane West Linn, OR 97068 Lawrence K. Peterson Law Office c/o Catherine McNicol Benneth 8 North State Street, Suite 301 Lake Oswego, OR 97034-3956 MMD2 oo8_ooc TAX ID: OWNER: B S1028D00701 A° ENNETN �% ADDRESS: CAtNERI GTy. 383a ROBIN ARE NE MAN/Cpl ���}�/ WEST CREEK LN /f � STATE: �/NN c/201 % OR 2/PCODE 97068 MANOR MODIFICA t ION C�Cj _, I TYPE I APPLICATION JUN o 4 40 City of Tigard Permit Center 13125 SW Hall Blvd, Tigard, 01014 'Q�• ZO�g I I (. A KID Phone: 503.639.4171 Fax:503.598.1960 � '"t►� 700 11. A modification to the con.': R�sed at the GENERAL INFORMATION time of Site Development Review ap i ('. that are not the subject of Criteria 1 through 10 above. Property Address/Location(s):12785 SW Pacific Highway Tax Map&Tax Lot#(s):2S102BD00701 FOR STAFF USE ONLY Site Size: 1.01 acres Applicant*: Burgerville C/O Berger/Abam Engineers.Inc No M.MO.24-0 r-&Irvi( Case N (s): Address:1111 Main Street.Suite 300 City/State:Vancouver.WA Zip:98660 Other Case No.(s): Receipt No.: /9 v 4 Primary Contact:Brian Carrico S Phone:360.823.6122 Fax:360.823.6101 Application Accepted By: Date: le Wog Property Owner/Deed Holder(s)*: (Attach list if more than one) Catherine McNicol Benneth.c/o Lawrence K.Peterson Law Office ,�� .- Address:8 North State Street.#301 Phone: (503)635-3546 Date Determined Complete: t�s( City/State:Lake Oswego.OR Zip:97034-3956 Rev.7/1/07 is\curpin\masters\land use applications\minor modification app.doc * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s)must sign this application in the space provided REQUIRED SUBMITTAL ELEMENTS on the back of this form or submit a written authorization with this application. (Note: applications will not be accepted PROPOSAL SUMMARY without the required submittal elements) The owners of record of the subject property request permission for a Minor Modification. To review a modification as a Minor Modification,the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed ❑ Application Form within Section 18.360.050(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the following criteria,a 111 Owner's Signature/Written Authorization Major Modification review is required. Major Modifications are processed in the ❑ Title Transfer Instrument or Deed same manner as a new Site Development Review. In a separate letter,please address the criteria below contained in Section 18.360.050(B) including a detailed response to ❑ Site Development Plan(3 copies) each criteria. ❑ Site/Plot Plan(reduced 8'/2"X 11") 1. An Increase in dwelling unit density or lot coverage for residential development. 2. A change in the ratio or number of different types of dwelling units. ❑ Applicant's Statement(3 copies) 3. A change that requires additional on-site parking in accordance with Chapter (Addressing Criteria Under Section 18.360.050(B) 18.765. ❑ Filing Fee $574.00 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. 5. An increase in the height of the building(s)by more than 20%. 6. A change in the type and location of accessways and parking areas where off-site In addition,the Director must find that the proposed traffic would be affected. change complies with the underlying standards of the 7. An increase in vehicular traffic to and from the site and increase can be expected applicable zoning district. To complete this review, to exceed 100 vehicles per day. the Applicant's proposal must include a discussion 8. An increase in the floor area proposed for a non-residential use by more than indicating how the site expansion will continue to 10%excluding expansions under 5,000 square feet. comply with the minimum setback, building height, 9. A reduction in the area reserved for common open space and/or usable open parking land landscaping standards. Other applicable space that reduces the open space area below the minimum required by this code requirements such as minimum Clear Vision areas or reduces the open space area by more than ten percent. near driveways and street intersections may also be 10. A reduction of project amenities (recreational facilities, screening, and/or, applicable depending on where the building landscaping provisions)below the minimum established by this code or by more expansion is proposed to be constructed on the site. than 10%where specified in the site plan. APPLICANTS: 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 plot 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 day of ,20 See Attached Lease for Written Authorization Owner's Signature Owner's Signature Owner's Signature Owner's Signature IFCITY OF TIGARD 6/4/2008 13125 SW Hall Blvd. 4:03:06PM Tigard,OR 97223 503.639.4171 TIGARD g Receipt #: 27200800000000001906 Date: 06/04/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2008-00011 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2008-0001 1 [LRPF] LR Planning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check THE HOLLAND INC ST 034586 In Person 574.00 Payment Total: $574.00 cReceipt.ryv Page I of I Cheryl Caines From: Carrico, Brian [Brian.Carrico @abam.com] Sent: Friday, June 27, 2008 2:42 PM To: Cheryl Caines Cc: Jordan, Derek; Alan Armstrong Subject: RE: Tigard Burgerville Attachments: 20093.pdf Cheryl—Thank you for taking the time to discuss the project changes by phone. We appreciate your flexibility and understanding on this project. We originally submitted a proposed site plan (sheet A 100) and building elevations(sheets A 200&A 201) dated May 30, 2008. Subsequently we submitted a revised site plan (sheet A100) and building elevations (sheet A 200) dated June 13, 2008 to reflects changes made to the project including revised landscaping and building elevations. Since the last submittal the client has made changes to what they want to accomplish in the initial remodel and have elected to return to the site plan (sheet A 100) date May 30, 2008 while retaining the revised building elevations(sheet A 200) dated June 13, 2008. The proposed site landscaping changes (sheets L 101 and L 201) dated June 13, 2008 will be completed in a future phase. 1 - Plans A100 and L101 show different parking configurations. The spaces along the western boundary all all angled on the landscape plan, but are not on the site plan. Also the site plan shows the three spaces in the SW corner while the landscape plan shows them replaced with landscaping. The current parking lot has all 90 degree spaces along the west side of the parking lot. There are no plans to change the current configuration. 2 -The narrative states that 5 spaces are being eliminated. Based on comparing the plans to aerial photos, it appears that at least 10 spaces are eliminated. Which is correct? I understand that either way it is okay, I just want to clarify which spots are going. The only changes proposed to the parking lot are to remove spaces in front of the building to accommodate a more suitable pedestrian connection and an outdoor plaza. According to my calculations this will remove 3 spaces. 3 - One of our Engineering Inspectors recevied a call from an Engineer about installing a swale within the parking lot. Placement of the swale would require removal of more parking. Is this a change to the plans that have been submitted to the Planning Division? There are no plans to install a swale the parking lot. Burgerville is exploring a rain garden which would be incorporated into existing landscaping and will not require removal of parking. This would take place in a future phase. I have attached the current site plan and building elevations reflecting the current proposed project. Thanks again for your time and understanding. Brian Carrico JD White Senior Planner/Project a division of BERGER/ABAM Engineers Inc. Manager 1111 Main Street, Suite 300 Direct: 360-823-6122 Vancouver,WA 98660-2990 Main: 360-823-6100 http://www.jdwhite.com Fax: 360-823-6101 http://www.abam.com Email: brian.carrico @abam.com 1 Notice:This message(including any attachments)con onfidential information intended for a specific individual and purpose,and is protected b . If you are not the intended recipient,you should delete this message,and any disclosure,copying,or distribution of this message,or the taking of any action based upon it,is prohibited. From: Jordan, Derek Sent: Thursday, June 26, 2008 3:27 PM To: Cheryl Caines Cc: Carrico, Brian Subject: RE: Tigard Burgerville Cheryl, Thanks for your e-mail.We are working with the Architect who drew the plans to confirm our responses to your questions.We will get back to you as soon as we get confirmation from the architect. Thanks, Derek Derek R.Jordan JD White Associate Planner a division of BERGER/ABAM Engineers Inc. Direct: 360-823-6113 1111 Main Street,Suite 300 Main: 360-823-6100 Vancouver,WA 98660-2990 Fax: 360-823-6101 http://www.idwhite.com Email: derek.iordan©abam.com htto://www.abam.com Notice:This message(including any attachments)contains confidential information intended for a specific individual and purpose,and is protected by law. If you are not the intended recipient,you should delete this message,and any disclosure,copying,or distribution of this message,or the taking of any action based upon it,is prohibited. From: Cheryl Caines [mailto:cherylc @tigard-or.gov] Sent: Thursday, June 26, 2008 3:11 PM To: Jordan, Derek Subject: Tigard Burgerville Derek, I've done a preliminary review and have the following questions: 1- Plans A100 and L101 show different parking configurations. The spaces along the western boundary all all angled on the landscape plan, but are not on the site plan. Also the site plan shows the three spaces in the SW corner while the landscape plan shows them replaced with landscaping. 2 -The narrative states that 5 spaces are being eliminated. Based on comparing the plans to aerial photos, it appears that at least 10 spaces are eliminated. Which is correct? I understand that either way it is okay, I just want to clarify which spots are going. 3 -One of our Engineering Inspectors recevied a call from an Engineer about installing a swale within the parking lot. Placement of the swale would require removal of more parking. Is this a change to the plans that have been submitted to the Planning Division? Thank you, Cheryl Gaines 2 Associate Planner City of Tigard (503) 718-2437 3 l j d white a division of • BERGER/ABAM Engineers inc.01 rai 1, r.,../...e., F-1,iri,„„ ii ,.. . // RECEIVED Land Use Planning•Natural Resources•Public Involvement JUN 1 8 2008 CITY OF TIGARD MEMORANDUM PLAN tNIERING DATE: June 18,2008 TO: Cheryl Caines, City of Tigard FROM: Brian Carrico, Senior Planner/Project Manager RE: Tigard Burgerville Remodel (MMD2008-00011) JDW Project#VAJDW-08-301 As we discussed on the phone I am providing revised copies of Burgerville's proposed site plan and building elevations for the remodel of the existing Wendy's Restaurant located at 12765 SW Pacific Highway. The revised plans are being submitted to reflect changes made to the project. The primary changes to the site plan include: • The addition of a pervious concrete pavement"bike through" lane for the outside service windows. • The loss of 5 additional parking spaces to landscaping and the bike through. • The addition of a direct pedestrian connection to Pacific Hwy. Primary changes to the building façade include: • The extent of the raised roof has been reduced. The proposed height remains unchanged. • Additional photo voltaic panels have been added to the south eleveatioin. Additional details on the proposed landscaping has been provided I have attached 3- 11' x17' copies and one full sized copy of the revised site plan,building elevations and landscape plans for your review and consideration. If you have any questions please contact me at 360.823.6122 or by email at brian.carrico @abam.com. BERGER,ABf'VrMRECEI PLANNING v ENGINEERING E N G I N E E R S I N C. ENVIRONMENTAL D PROGRAM MANAGEMENT JUN 0 4 ?008 Transmittal Memorandurn C+TYOFr,Q 0 To City of Tigard Development Services Date c�ifahtiG2008 13125 SW Hall Blvd Project Burgerville Pacific Highway Remodel Tigard, OR 97223 Our Number VAJDW-08-301 Attention Your Number N/A Regarding Minor Modification Application I am forwarding ®Prints ❑Originals ❑Reproducibles ❑ Photocopies ❑Other Quantity ID Number Date Description 1 N/A N/A Minor Mod Application Form 1 N/A 4/23/2008 Commercial Lease (Written Authorization) 1 N/A N/A Deed 1 A100 6/03/2008 81 x 11 Site Plan (Litmus) 3 A100-A201 6/03/2008 Site Development Plans (Litmus) 3 N/A June 2008 Applicant's Statement (BERGER/ABAM) Remarks The above items are being submitted for approval of a minor modification application for a Burgerville remodel on 12785 SW Pacific Highway. If there are any questions regarding the contents of the submittal,please contact Brian Carrico or Derek Jordan of BERGER/ABAM Engineers at 360.823.6100 cc: BERGER/ABAM Engineers Inc., 1111 Main Street,Suite 300•Vancouver,WA 98660 230606 Phone 360/823-6100•Fax 360/823-6101 .„.. , ',I • . ,. , , ... .‘, :i''''.•• - ,... ,.,, ,,. •,,f,,,.,. y... .. . '',.«•' .- .- 4. ,, • .0 „ •'7 ::'• ,, * . 4, 0 , •, . .. - •"•0444'''''' '• L , , ..• • • . . . N.,-- „,•., . . - .,.,. *:,.:=1,, • . -.,4 ''',/ ' • ,. )11,4, .. • , . ) , / , . . A - . lr.* ,, . _ :_. rA. . 7P--fia -S , ' '` ,- ''''. • -24:. , , / • ... ",i64 t . • :.• ,... ... ,.. ,, .4., ,.,...-•, „0..-- . , , , •oe :• ....T..„ A ' .•, ;;N:,. :. . -,. ',. . i g. —,,,, •;II' ' . . , .,. , •11‘ d • --- ., ,• . ''NF,‘! - *.".ki• '-,... ' ,A,.:= .. • ....,,.-A' __ .. . . A . 9-.. • e . . ..,.:.,-, ,, . • • ..9 , ••..,..t.- 04 • , 4, •-•,- ,.• ..,,,.. -,...7.:•:-,, ' ), ,.,„ _,.. • ,,,.* 411!,./ . , --.. $•4'. ,...., ., .1' .... 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CHICAGO TITLE INSURANCE COMPANY 10135 SE Sunnyside Road Suite 200 Clackamas, OR 97015 Phone(503) 786-3940 Fax(503)653-7833 =METROSCAN PROPERTY PROFILE= Washington (OR) OWNERSHIP INFORMATION Reference Parcel# :2S 102BD 00701 Parcel Number :R0464241 R75Q: 01 W-02S -02 -NW Owner :Benneth Catherine Mcnicol CoOwner Site Address : 12785 SW Pacific Hwy Tigard 97223 Mail Address :3830 Robin Creek Ln West Linn Or 97068 Telephone : Owner: Tenant: SALES AND LOAN INFORMATION Transferred :09/06/2005 Loan Amount . Document# : 108553 Lender Sale Price Loan Type Deed Type :Trustees Interest Rate . %Owned : 100 Vesting Type . I ASSESSMENT AND TAX INFORMATION Market Land : $782,340 Exempt Amount : Market Structure :$652,550 Exempt Type . Market Other %Improved :45 Market Total : $1,434,890 Levy Code :02374 07-08 Taxes : $11,983.68 MillageRate : 16.4706 Assessed Total :$727,580 School Dist :Tigard PROPERTY DESCRIPTION Map Grid : 655 E4 Class Code :F15 Census : Tract:319.03 Block:4 NbrhdCd :ZPHY MillRate Sub/Plat :North Tigardville Add Land Use :2012 Com,Improved Legal :NORTH TIGARDVILLE ADDITION, :AMENDED,LOT PT 8,ACRES 1.01 PROPERTY CHARACTERISTICS Bedrooms Lot Acres : 1.01 Year Built . Bathrooms : Lot SqFt :43,995 EfYearBlt . Heat Method: BsmFin SF : Floor Cover : Pool BsmUnfinSF: Foundation : Appliances : BsmLowSF : RooJ Shape : Dishwasher : Bldg SqFt : 2,860 Roof Matl . Hood Fan IstFlrSgFt : 2,860 InteriorMat : Deck UpperFlSF : Paving Matl : Garage Type: Porch SqFt : Const Type : Garage SF : Attic SqFt Ext Finish . Deck SqFt : The Information Provided Is Deemed Reliable.But Is Not Guaranteed. wadenpmn county.con. 2005-108553 09106/2005 04:10:25 PM OJMt CAW 101.11 C WHrTE $10.00 10.17*•000 111.00•Total •102.00 en requested, IUlII(fIIII II 111111111111 1IILI all tax statements shall be ON 01 01155300200211 to the following address: .wry Millman,Muter l/ww.n.n..Taxis ...,aar.e.wyo.rewvw.twly.,C."a' OrM•n.e•Iwo*cot*tit tn...nn•.CUnwf of Y•.ask of Catherine McNicol Benneth �••~•••+d« .a. `wee nesived 3830 Robin Creek Lane Jerry R D'ea'n ••••'n^'ne Tu.a.+. ■.an1■ c..er a.1, West Linn,Oregon 97068 After recording,return to: Conrad L.Moore Miller Nash LLP 111 S.W.Fifth Avenue,Suite 3400 Portland,Oregon 97204-3699 TRUSTEE'S DEED AND ASSIGNMENT OF LEASE Norman J.Wiener in his capacity as surviving Trustee under Trust Agreement restated June 4, 1992,as further restated November 10, 1997,and as amended,between Fred Spada,as Trustor and Fred Spada,now deceased,and Norman J.Wiener,as Trustees,Grantor, conveys to Catherine McNicol Benneth,Grantee,all the right,title,and interest of the trust in and to the real property located at 12785 S.W.Pacific Highway,Tigard,Oregon,described as: The North one-half of Lot 8,NORTH TIGARDVILLE ADDITION AMENDED,in the City of Tigard,County of Washington,and State of Oregon. Except that tract of land conveyed to the State of Oregon,by and through the State Highway Commission,recorded December 26,1939,in Book 186,Page 95. Grantor further assigns and transfers to Grantee all the Trust's right,title,and interest in and to that certain lease relating to the above-described property dated December 14, 1978,and amended March 31, 1998,originally between Fred Spada and Josephine Spada, husband and wife as lessors and Wendcorp of Portland,Inc.,an Oregon corporation,as lessee, under which Grantor is the current holder of the lessor's interest and Wendy's International,Inc., an Ohio corporation as successor to the interest of Wendcorp of Portland,Inc.,is the current holder of the lessee's interest,together with all payments due and to become due pursuant to the terms of the lease from and after February 1,2005. The true consideration for this conveyance is$0. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY - 1 - PDXDOCS:1471080.1 Illifllilililllll,. ,111 eet_,eeett, APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. This deed and assignment is executed pursuant to the terms of the trust and a settlement agreement between George Spada and Catherine McNicol Bennett',beneficiaries of the trust dated August 12,2005. Dated the, day of l)f p ,2005. t'(�''�Ic�s t �'f C/(A '✓' Norman J. to er,Trustee STATE OF OREGON )SS COUNTY OF MULTNOMAH The foregoing instrument was acknowledged before me the day of ,2005,by Norman J.Wiener,Trustee. Notary Public for Oregon OFFICIAL.SEAL My commission expires: CONRAD L MOORE NOTARY PUBUOORERON 00■M8SION NO.376336 MY COAMNE/N)N EMPIRES MARCH 20.200! -2- PDXDOCS 1473080. ' "7r•- -111.., "f • 1 1 ;,-.41;. 'Pt�p".•i:' Tav,;.'=Viz'•'-"i•Y`R.4'!l "r=_ FF K lg. BARGAIN AND BALE DEED • j AND ASSIGNMENT County ASSIGNMENT OY LEASE 920828 73 :__ — — Washington County FRED SPADA, Grantor, conveys to FRED SPADA and h~ NORMAN J. WIENER, as Trustees under Restated Trust Agreement SKdated June , 1992, between Fred Spada, as Trustor, and Fred !!. Spada and Norman J. Wiener, as Trustees, Grantees, the following- . o, described real property located '.n Washington County, Oregon: North Half of Lot 8, North Tigardville Addition, au x Washington County, Oregon; -1 and Grantor further hereby assigns and transfers to Grantees all _ his right, title, and interest in and to that certain lease _° __ relating to the above-described real property dated December 14, 1978, originally between Fred Spada and Josephine Spada, husband __ and wife, as lessors, and Wendcorp of Portland, Inc., an Oregon etc: Ycorporation, as lessee, under which Grantor is the current holder == ► of the lessors' interest and Wendco Northwest Limited, a Delaware ,.:_ corporation, is the successor in interest to the lessee's interest, together with all payments due and to become due ` =•s thereunder. t7r+• The true consideration for this conveyance is $0. It THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE r -1 LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS Fsl+; INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD * 'j" CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO .,: G VERIFY APPROVED USES. / T'.++t• 'il yy - .let' -.is.. Dated the day of June, 1992. . f /. .11ryAw: +{� Fred Spada STATE OF OREGON ) ; „ .: ) SS COUNTY OF MULTNOMAH ) ▪ _ The foregoing instrument was acknowledged before on the 4O ) day of June, 1992, by Fred Spada. i : . . :•,� 0� . l�Q4al. 5/, h..e/, ) ft. ;'10 1 A 1:...1.r-:-....' Notary Pu is for Oregon .n a My commission expires: (o-7_ 2- ni of.. V ,LAG ; . .4.. `'B ` Wh ,:a change is requested, After recording, return to: ••airkax Statements shall be .1..-A sent to the following address: Jeffrey C. Thede €.7 Miller, Nash, Wiener, .!1. F red Spada Hager & Carlsen-..411 72907 sal Air Road 111 S.W. 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A , .r ,c �.co, 1100 N� 1111 °',1b '. / .18 AC !�' 1 ` I i I .x ', 1400 ' 41,4•01i;''� �, /iI ,il I\� .30 AC i11 '/� *��,, 11111111 , r� rr \ � I \ 1200 440 it, • ....tit. 111 s. y- �I I '•1 I, aa, 94 AC 0 11111. 1503 1 rJ 111111 , ;<X " 31'c>' I '� '� 1.47 AC r'` 11 < 10 \J 4 2100 i/ Illllii /' ,\ < ?, 24 AC /' 1111 4sJ� �,. \ °' 2000 A 1701 1 t...\l! s d° \,, 23 AC 1¢ \ r43 AC 1 ) ry 0 3__:..-- * , \\ 2101 \ �/ y A's N � 770\ ,, % W �•i E i ..,:-...-- / _Jes, s\ \ \ \\, 1 S, 1801 / ,,.� j \, f. 1 CHICAGO TITLE "This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon." Map No.2S102BD 00701 CHICAGO TITLE INSURANCE COMPANY 10135 S.E.SUNNYSIDE ROAD Suits 200 CLACKAMAS,OREGON 97015 77iris Ile -.5' 04)';W'l \kj f '. 4.ireir 41"; e,,, ,, ./ > ',...g.Veli e --...„ ,.,,to / -04,.', 0,9 / $4 CO 7 / d 8� 500 '1 �i @ • o'`� a 7 .37 A! iv 12 ^0 °sr- 601 .t97 AC 700 .18 AC .18 AC 3 \ ,� 8'� Or Aft S ti .18 AC 3 S) w, a F(CZ1(„s -vit, • EN * 14. A lc tb CP 701 C i1 413• 1.01 AC NtI4N7 1 ' \ \\ 4' %IN. hs> 8 C ` 1 / 300 �°srp t .20 AC I?8 •O 'es. Rs 1400 4'toa N .30 AC / . ,.. be 0 419 .o III , W Apt.I E „tip CHICAGO TITLE "This plat is for your aid in locating your land with reference to streets and other parcels. While this plat is believed to be correct,the company assumes no liability for any loss occurring by reason of reliance thereon." Map No. 2S102BD 00701 CHICAGO TITLE INSURANCE COMPANY 10135 S.E.SUNNYSIDE ROAD Sults 200 CLACKAMAS,OREGON 97015 Standard COMMERCIAL LEASE 1. Parties. This STANDARD COMMERCIAL LEASE (the "Lease"), dated, for reference purposes only, as of April 21, 2008, is made by and between CATHERINE MCNICOL BENNETH (herein called"Landlord")and THE HOLLAND,INC.,a Washington corporation(herein called"Tenant"). 2. Property;Landlord's Work and Tenant's Work. Landlord hereby leases to Tenant,and Tenant leases from Landlord,for the term,at the rental,and upon all of the conditions set forth herein,certain real property situated in City of Tigard,State of Oregon, commonly known as 12785 SW Pacific Hwy.,Tigard, Oregon,and more particularly described on the attached Exhibits A and B. The real property includes a building containing approximately square feet of gross building area and related site improvements(collectively,the"Building"),and an adjoining parking lot owned by Landlord(the land and Building are hereinafter called the"Property"). Upon delivery of possession (as described in Section 3.2 below),Tenant will accept the Property in its then-present condition, AS IS; provided,(i)the Property is in the condition referenced on Exhibit C and Exhibit C-1; (ii) the Property is in"broom clean"condition (with any debris left by the former tenant removed); (iii) Landlord has restored any damage to the Property in connection with the prior tenant's vacating the Property; (iv) Landlord represents to the Tenant as part of the Landlord's requirements herein that the Property is in compliance with all applicable federal,state and local laws,regulations and codes to the best of Landlord's knowledge. Except as may otherwise be described in this Lease and/or on any exhibit or other attachment hereto("Landlord's Work"),Landlord will not be required to perform any work on the Property to make it ready for Tenant. Any work by Tenant shall be performed in a workman-like manner and in accordance with the terms attached as Exhibit C-1. 3. Term. 3.1 Term. The term of this Lease("Term")shall commence upon the date of delivery of the Property in the condition required by this Lease (i.e., the obligations of Landlord in paragraphs (i) through (iv) of the second paragraph of Section 2 and as set forth in Exhibit C attached hereto,which are the only conditions precedent to Tenant's accepting possession and having the Lease commence), which is projected to be sixty(60)days from the date of execution of this Lease("Commencement Date"). The term of this Lease will end on the last day of the sixtieth (60111) full calendar month of the Term, unless sooner terminated or extended pursuant to this Lease. Landlord will deliver vacant possession of the Property,which shall be in the condition required by the Lease,to Tenant on the Commencement Date. 3.2 Delay in Commencement. Notwithstanding the projected Commencement Date referenced in Section 3.1, if for any reason beyond Landlord's control Landlord cannot deliver possession of the Property to Tenant on the specified date, Landlord shall not be subject to any liability therefor,nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder;provided, however, that if Landlord shall not have delivered possession of the Property within sixty (60) days from the projected Commencement Date, Tenant may, at Tenant's option, by notice in writing to Landlord within ten (10) days thereafter, cancel this Lease,in which event the parties shall be discharged from all obligations hereunder. Delivery of possession will occur when Tenant actually occupies the Property or on the fifth (5"I) business day after Landlord notifies Tenant that the Property is available for occupancy by Tenant with the work required by this Lease to be performed by Landlord (if any)substantially completed ("Delivery Notice"). Upon receipt of such Delivery Notice,Tenant will perform a walk-through of the Property with Landlord to confirm that the Property is in the condition required by this Lease. If there is any disagreement between Tenant and Landlord as to whether Landlord has delivered possession of the Property in the condition required by this Lease(as described in Section 3.1),the parties will promptly discuss and reasonably resolve the matter to their mutual satisfaction. 3.3 Renewal Options. Provided that Tenant is not then in default(after expiration of any applicable notice and/or grace periods) at the time the renewal option is exercised,Tenant will have options to renew this Lease for six(6)additional renewal terms of five(5) years(60 full calendar months)each. Each renewal term will commence on the day following expiration of the prior term. The terms of this Lease will remain the same during the renewal terms(subject to adjustment pursuant to Section 4.2). Exercise of a renewal option shall be by notice given not later than 120 days prior to expiration of the preceding term. Notwithstanding the time period for exercise specified above, Tenant's option(s) to renew will not expire until 10 days after receipt by Tenant of written notice from Landlord of non-exercise by Tenant by such deadline date and Tenant's failure to exercise its option within such 10-day period. THE HOLLAND,INC.--Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd 1-2400253.2 0035615-00053 3.4 Tenant Contingencies. This Lease is subject to Tenant's determination that the following contingencies have been satisfied, in Tenant's sole (but commercially reasonable) discretion: (i) Tenant shall have reviewed, to its satisfaction, the environmental condition of the Property, and Tenant shall have completed and approved its feasibility study, to determine if the condition of the Property is acceptable to Tenant; this condition shall be satisfied or waived by Tenant within thirty (30) days after Tenant is given access to walk through the Property, subject to Tenant's right to extend for up to an additional fifteen (15) days (by notice to Landlord) if Tenant's access to the Property for its due diligence investigations is limited because of the presence of the existing tenant or other causes; and (ii) Tenant shall have reviewed, to its satisfaction, the current state of title to the real property and the applicable zoning,within the time period provided in subparagraph(i)above for the due diligence investigation. 3.5 Permits and Right of Termination. Tenant will use reasonable diligence to perform the tasks set forth herein and will reasonably respond to Landlord's requests concerning the status of such tasks.Tenant shall have the right to terminate the Lease if it is (or will be)unable to obtain all permits, variances and other governmental approvals needed for the lawful construction and operation of its restaurant on the Property within 120 days after the Commencement Date. However, so long as Tenant has diligently pursued obtaining all permits, variances and approvals, Tenant may extend such period until the responsible authority has made a final decision and all appeals of the decision are exhausted. Prior to such termination, Tenant will not be forgiven the payment of rent set forth in Sections 4.1 or 4.2. 4. Rent. 4.1 Monthly Base Rent. Tenant shall pay to Landlord, as rent for the Property, in advance, a base rent that is initially in the amount of allb per month for six (6) months, and then a base rent of#per month for the next twenty (20) months, and then sear per month for the next twelve(12)months(the initial 38 months of the Term are the"Fixed Rent Period"),and thereafter the base rent amount will be adjusted as set forth in Section 4.2(the"rent" or"base rent"). Rent is due and payable on the first day of each month of the Term. Rent for any partial month shall be a pro rata portion of the monthly installment. Rent shall be payable in lawful money of the United States to Landlord at the address stated herein or to such other persons or at such other place as Landlord may designate in writing. Rent will commence on the Commencement Date. Landlord and Tenant will execute a supplemental memorandum promptly after the start of the lease term stating the actual Commencement Date and termination date. 4.2 Rental Adjustment. As of the first day after the end of the Fixed Rent Period (the "rent adjustment date"), and on each anniversary thereafter of the initial rent adjustment date,the base rent will be adjusted by the same percentage as the change,if any, in the CPI (as defined below)for the latest available month prior to the rent adjustment date(the"Comparison Index")compared to the Consumer Price Index for the same month in the prior calendar year (the "Base Index"), subject to the "cap" stated below. The "CPI"means the Consumer Price Index, for"U.S. City Average, All Items,All Urban Consumers, 1982-84= 100"published by the United States Department of Labor, Bureau of Labor Statistics. The increase in base rent under this Section 4.2, on a year-to-year basis,will not exceed three percent(3%)(the"cap")compared to the base rent in effect immediately before the adjustment. Under no circumstances will the base rental for the Property be decreased below the rental amount paid by Tenant at the commencement of the original Lease term. If the CPI index cited above is revised or discontinued during the term of this Lease, then Landlord shall designate (and the parties will mutually approve) another cost of living index for purposes of computing any rent adjustment hereunder. 4.3 Interest on Overdue Amounts; Late Charge. Any amount due Landlord that is not paid within five(5)days after the date it is due shall (in addition to the imposition of the late charge referenced below)bear interest thereafter until it is paid to Landlord at a rate of interest equal to the prime or reference rate of interest from time to time charged by the Bank of America, its successors or assigns, as of the first day of the month such amount becomes due, plus three percent (3%) per annum, but not in excess of the maximum rate permitted by law and not less than nine percent(9%)per annum. In addition,if Tenant fails to pay,within five(5)days after receipt of written notice of nonpayment,any rent due under this Lease, then Tenant shall pay to Landlord as a late charge and in consideration of the additional costs incurred by Landlord and the additional record keeping required to be performed by Landlord, as a late charge a sum equal to five percent(5%)of the amount due. 5. Use; Condition of Property; Development. 5.1 Use. The Property shall be used and occupied only for a restaurant, including outdoor seating area immediately adjacent to the restaurant building and a drive-through aisle with two drive through windows(subject to the availability of required governmental 2 THE HOLLAND,INC.- Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Port Ind]-2400253.2 0035615-00053 permits),and any other lawful retail use that is permitted under applicable Legal Requirements (defined below). Tenant may set up outdoor seating at no additional rent; all outdoor seating shall be in accordance with state and county codes and regulations and applicable code of City of Tigard. 5.2 Compliance with Laws; Condition of Property. In connection with its use, Tenant shall comply at its expense with all applicable laws,regulations and requirements of any public authority, including those regarding maintenance,operation and use of the Property ("Legal Requirements"). Tenant will not allow the Property to fall into such a state of disrepair or disorder as to cause cancellation of required insurance coverages. At the time of delivery of the Property to Tenant, the Property will be in compliance with all applicable Legal Requirements to the best of Landlord's knowledge. 5.3 Alterations. Landlord shall make no change, alteration or addition to the Property, not to the parking area, methods of ingress and egress,direction of traffic, lighting,curbing, the landscaping or other improvements on the Property,after execution of the Lease or during the Lease term,except as Landlord may be required from time to time by any city,county,state or other governmental unit. 5.4 Hazardous Substances. To the best of Landlord's knowledge, the Property shall be free of any Hazardous Substance, as defined in this Section 5.4, at the time of delivery of the Property to Tenant. During the term of the Lease, Tenant shall (i) be responsible for removing any Hazardous Substances on the Property from sources other than Landlord, and its contractors and invitees, and (ii) indemnify, hold harmless, and defend Landlord from any and all claims, losses, damages, response costs and expenses arising out of or in any way relating to the generation, release, use, storage or deposit of any Hazardous Substance at any time by Tenant,and its agents, independent contractors or invitees. Tenant shall (i) not allow or permit any Hazardous Substances to be generated, released, used, stored or deposited on or in the Property, except in the ordinary course of Tenant's operation of the Property and in strict compliance with applicable Environmental Laws, and(ii) indemnify, hold harmless, and defend Landlord from any and all claims, losses, damages,response costs and expenses arising out of or in any way relating to the generation, release, use, storage or deposit of any Hazardous Substance at any time by Tenant or any hazardous waste generated by Tenant, its subtenants and their respective agents, independent contractors or invitees. The term "Hazardous Substances" is used in its very broadest sense, and refers to materials which because of their quantity, concentration,or physical, chemical,or infectious characteristics may cause or pose a present or potential hazard to human health or the environment when improperly handled, treated, stored, transported, disposed of, or otherwise managed. The term shall include, but is not limited to,all hazardous substances, hazardous materials and hazardous wastes listed by the U.S. Environmental Protection Agency and the state in which the Property is located under the Comprehensive Environmental Response,Compensation and Liability Act (CERCLA),the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), and the Federal Water Pollution Control Act (FWPCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Clean Air Act (CAA) and any and all other federal, state and local statutes or ordinances applicable to the protection of human health or the environment(the"Environmental Laws"). However,the foregoing requirements and limitations will not apply to cleaning and other products and materials that are in ordinary quantities and customarily used in the cleaning, maintenance and operation of commercial facilities or to inventory(the"Permitted Products"),but each party will in any event cause any Permitted Products to be held or used in accordance with all applicable Environmental Laws. 5.5 Excessive Vacancy. [intentionally deleted). 5.6 Representations and Warranties by Landlord, Landlord does hereby make the following representations and warTanties to Tenant: (a)Landlord owns the Property; (b)Landlord is unaware of any impending condemnation plans,proposed tax assessments or other adverse conditions relating to the Property, and (c) no additional signatories or consents are required to make this Lease binding and fully enforceable. Unless otherwise specifically set forth in this Lease, Landlord will indemnify and hold Tenant harmless if the representations and warranties prove to be untrue. 5.7 Exclusive Use Commitment. During the term of this Lease, and except as otherwise provided below, no property that Landlords buys, leases or acquires control of(directly or indirectly)by Landlord after the Commencement Date,which is within a one (I) mile radius of the Property will be leased, subleased, operated or otherwise used for the operation of a restaurant, fast food restaurant, or other business operation whose sales from hamburgers and milkshakes are a prominent part of the menu or marketing orientation or exceed the following: (i) until the 5't' anniversary of the Commencement Date, 10 percent of all gross sales;(ii)from the 511' anniversary of the Commencement Date until the le anniversary thereof, 15 percent of all gross sales; (iii)from and after the 10th anniversary of the Commencement Date, 20 percent of all gross sales (the"Exclusive Use Commitment"). The Exclusive Use 3 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portind I-2400253.2 0035615-00053 Commitment will not apply to any property currently owned by Landlord and under an existing lease("Existing Lease"),even if it is not in compliance with the Exclusive Use Commitment. In determining whether the Exclusive Use Commitment is violated in circumstances in which hamburgers and milkshakes are on the restaurant operation's menu but are not a predominant part of such menu or of the anticipated gross sales of the restaurant operation, the computation of gross sales and the portion of such gross sales from hamburgers and milkshakes will, upon notice from Tenant to Landlord, be computed and certified on an annual basis, or such shorter period of time (but not less than monthly) as may be reasonable under the circumstances. If hamburgers and milkshakes are a predominant part of the menu, gross sales in excess of the restriction stated above will be deemed an immediate violation of the restriction. The permitted uses under all leases subsequently entered into by Landlord covering any land within such radius area will include a specific reference to the restriction set forth above. Tenant and Landlord will have the mutual nonexclusive right to enforce the Exclusive Use Commitment. Landlord will not be liable to Tenant for violation of the Exclusive Use Commitment by a purchaser of the land from Landlord so long as the property sold to the purchaser was subjected to the restriction at or prior to the date of closing of the sale of the property. In the event the Exclusive Use Commitment is violated by a lessee of Landlord (other than as set forth in the following paragraph),Landlord will, upon notice from Tenant(or other actual knowledge)as to a violation of the Exclusive Use Commitment,notify the lessee that it must comply with the foregoing restriction,and Tenant may pursue whatever enforcement action against the lessee as may be available under law to enforce compliance with the restriction. A memorandum will be recorded on or before the Commencement Date to evidence the Exclusive Use Commitment by Landlord. The Exclusive Use Commitment will be subject to the following: (i)any Existing Lease shall be identified by Landlord and shall not be subject to the Exclusive Use Commitment. Landlord agrees that,to the extent that it has reasonable control over such tenant's use and changes in use, it shall exercise such control to enforce Tenant's Exclusive Use Commitment; and (ii)the Exclusive Use Commitment will terminate if Tenant abandons the Property or discontinues operation of business for more than twenty-four (24) months, excluding any periods of temporary closure for "force majeure" events or in connection with alteration and restoration following casualty or a partial taking by condemnation. 5.8 No Operating Covenant. No provision of this Lease will be construed as limiting Tenant's right to conduct business at other locations or as creating an operating covenant 6. Maintenance,Repairs and Alterations. 6.1 Maintenance Obligations. Tenant will maintain and repair the Property and the Building during the term of the Lease. Tenant shall keep and maintain at all times the Property in good order, condition, repair, operating condition, working order and appearance,and in accordance with all applicable Legal Requirements and Environmental Laws, including (without limitation)those requiring any structural or nonstructural alteration of the Property (subject to Landlord's consent requirements in Section 6.2), including,without limitation, all landscaping, driveways,parking lots, fences and signs located in the Property and all sidewalks and parkways adjacent to the Property. 6.2 Alterations. Tenant may remove, demolish and/or replace the Building, and may install signs, machinery and personal property and make such alterations and improvements to the Property and Tenant's Building as Tenant may deem advisable. Tenant shall obtain Landlord's consent and approval of plans for before making any structural alterations or structural improvements to the Property or Building during the Term of the Lease,which approval and consent shall not be unreasonably withheld. Tenant will not, however,be required to obtain Landlord's consent to Minor Alterations as defined herein."Minor Alterations"are changes,additions and improvements to the Property that (i) do not adversely affect its value or utility, and (ii) do not require a building permit to be performed; in addition,Tenant will not be required to obtain Landlord's consent for any change,addition or improvement(whether or not structural and/or requiring a building permit) so long as the value and utility of the Property and Building are not adversely affected. Construction work by Tenant will be performed in accordance with Exhibits B and C. Structural additions and structural improvements (excluding Tenant's own equipment, signs, furnishings, furniture, fixtures and personal property) shall at once be deemed a part of the realty and upon expiration or termination of this Lease(if they are still on the Property at such time)shall belong to Landlord and shall be surrendered with the Property, except as otherwise approved in writing by Landlord. For purposes of this paragraph and Section 13 below,Tenant will not be required to remove the Building or other alterations that have been constructed by Tenant on the Property unless Tenant violated any requirement of this Lease for Landlord's consent or approval of the work to be done. If Tenant constructs improvements which are in violation of any consent or approval required of Landlord under this Lease, Landlord may require Tenant to remove,at the time the Lease expires or terminates,the improvements constructed by Tenant without 4 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Datc: Monday,April 21,2008 Portlnd]-2400253.2 0035615-00053 Landlord's approval if such approval was required at the time the improvements were constructed and not obtained. Furthermore, if Tenant demolishes the existing Building at any time (subject to Tenant's first obtaining Landlord's consent), Tenant will construct a new building which, upon Tenant's completion of construction, will be conveyed to Landlord by bill of sale in replacement for the existing Building,and will be owned by Landlord. Tenant will not have the right to lien or encumber the Building as collateral on any financing by Tenant. 6.3 Signs. Tenant may erect or install signs in and on the Property to the maximum extent permitted by governmental requirement, and may maintain a pylon sign and readerboard on the Property, in accordance with Tenant's typical signage used from time to time for its restaurants. All signs shall be in conformance with all applicable Legal Requirements in effect. Landlord shall not install other signs,trees or site improvements that would obscure the visibility of Tenant's signage. 7. Insurance; Restoration of Damage. 7.1 Liability Insurance. Tenant shall continuously maintain at its expense commercial general liability("CGL")insurance with a combined single limit initially of$2,000,000,or such greater amount approved by the parties as may from time to time customarily maintained for similar properties in the same geographic area. Tenant will name Landlord as an additional insured, and the liability insurance will otherwise comply with Section 73 below. 7.2 Casualty Insurance on Building. Tenant shall continuously maintain at its expense so-called "all risk"(or"special form") insurance on the Building on the Property, insuring against fire, windstorm, lightning, riot, civil commotion, malicious mischief, vandalism and those perils included from time to time in the standard extended coverage endorsement, in an amount not less than the full replacement cost,subject to reasonable deductibles and self-insurance arrangements. Tenant shall obtain Landlord's approval for any deductibles in excess of $10,000 and for self-insurance arrangements, which approval shall not be unreasonably withheld. Landlord hereby approves self-insurance for plate glass. 7.3 Waiver of Subrogation. Neither party shall be liable to the other for any loss or damage caused by water damage,sprinkler leakage, or any of the risks covered by a standard fire insurance policy with extended coverage endorsements, and there shall be no subrogated claim by one party's insurance carrier against the other party arising out of any such loss. If notice of this waiver of subrogation is required under any insurance policy required herein, the policy holder shall notify its insurer in accordance with the terms of such insurance policy. 7.4 Restoration of Damage. In the event of any casualty to the Building,Tenant shall use the insurance proceeds to demolish, alter, repair,restore,or replace the damaged or destroyed Property or to construct additional improvements to the Property,as Tenant may elect in its commercially reasonable discretion (subject to Landlord's approval of plans for restoration and improvement of the Property pursuant to Section 6.2). The base rent will not be abated as a result of any such damage or during any period of repair or restoration. Tenant shall perform and complete the restoration in a commercially reasonable time. If fire or other casualty during the last three(3)years of the Lease term or during any renewal term causes damage to the Building in an amount exceeding forty percent (40%) of its full construction-replacement cost,Tenant may elect to terminate this Lease by giving written notice of such termination to Landlord within sixty (60) days following the date of damage, in which case any insurance proceeds (plus any deductible or self-insured amount)shall be paid to Landlord. 7.5 Form of Insurance. All policies may be part of blanket coverage relating to various properties operated by Tenant. Tenant will deliver to Landlord certificates of such insurance coverage prior to or concurrent with Tenant's obtaining possession of the Property and thereafter, as to policy renewals, Tenant will deliver to Landlord certificates of coverage or other confirmation of arrangements for coverage within 15 days prior to the expiration of the term of each such policy. Tenant may self-insure with respect to plate glass. Landlord will not unreasonably withhold approval, in Landlord's reasonable judgment (based on whether Tenant has the reasonable financial capability of meeting its financial obligations), of reasonable deductibles and self-insured retention levels, which are reasonable in light of Tenant's net worth. All of Tenant's insurance(except with respect to Tenant's equipment, stock in trade, fixture and furnishings and other personal property) shall name Landlord as an additional insured. All of Tenant's insurance shall provide for thirty(30)days' written notice to Landlord prior to cancellation,nonrenewal or material modification. Landlord has approved Tenant's current coverages,deductibles and self-insurance arrangements as set forth in documents delivered to Landlord in connection with this Lease. With respect to any claim, loss or liability that would have been covered by the insurance policies required to be maintained by Tenant but which are within the self-insured retention or deductible amount (the "self-insured amount"),Tenant will be responsible for payment of the self-insured amount on or for such claim, loss or liability on the same basis as the insurance carrier would have been if Tenant had no self-insured arrangements or deductibles on such insurance policies. 5 THE HOLLAND.INC.- Lease Forms(Standard Commercial Lcasc) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 7.6 Proof of Compliance. Tenant shall provide proof of compliance with this Article 7 from time to time as Landlord may reasonably request. 8. Utilities and Taxes. 8.1 Utility Charges. Tenant is responsible for all utility charges, all of which Tenant will have changed in its name, from the date it is entitled to possession of the Property and will pay, when due,all charges for electricity,gas, water, sewage and other public and private utilities used in the Property. 8.2 Real Property Taxes. During the lease term (including any renewal terms), Tenant will pay or cause to be paid when due, the real property taxes and assessments ("taxes") levied or assessed against the Property and Building. Taxes will be prorated between the parties for any partial year at the commencement and expiration of other termination of this Lease. 8.3 Payment in Installments. If the taxes or assessments are payable in installments,Tenant will be responsible for payment of installments that are allocable to the Term of this Lease. If either party's consent is required to cause the bonding of any assessment or to contest any taxes,the party will not unreasonably withhold or delay its consent upon request. 8.4 Right to Contest. Tenant will be permitted to contest any tax,assessment,governmental lien or other charge on the Property and Building owned by Tenant that is claimed or asserted by any party other than Landlord, if a good faith dispute exists as to the amount or the obligation to pay. If the Property is subjected to a lien as a result of nonpayment, Tenant shall provide Landlord with security or assurances reasonably acceptable to Landlord that Tenant can and will satisfy the lien before enforcement against the Property. If Landlord reasonably believes that Tenant is not contesting such a claim in good faith, Landlord may elect to pay the contested amount, at Tenant's expense, after providing at least five (5) business days' notice to Tenant of Landlord's intention to do so. 8.5 Personal Property Taxes. Tenant shall pay, when due, all personal property taxes assessed against its leasehold improvements,equipment,furniture,fixtures, inventory and any of its other personal property on the Property. 9. Liens,Indemnification and Liability. 9.1 Liens. Tenant shall pay for work done on or for services rendered or material furnished to the Property, and shall keep the Property free from any liens arising by, through or under Tenant, except that Tenant may withhold payment of any claim in connection with a good faith dispute over the obligation to pay, so long as Landlord's interest in the Property is not jeopardized and Landlord is held harmless from any loss thereon. If Tenant fails to pay any such claim or to discharge any such lien,Landlord may do so and collect the amount so paid on demand. Amounts paid by Landlord shall bear interest and be repaid by Tenant as provided in Section 12.2.3. If any lien is filed against the Property under ORS Chapter 87 for any work,services rendered or material furnished at Tenant's instance and request, and Tenant disputes the lien, Tenant shall bond around the lien and cause the lien to be released from the Property within twenty (20)days after the lien claimant commences any action to enforce or foreclose the lien claim. If Tenant fails to comply with this Section 9.1,such failure will constitute an event of default and will be subject to Section 12.1.1. Tenant will hold Landlord harmless and indemnity Landlord from any losses arising out of any filed lien. 9.2 Indemnification. Each party shall indemnify the other party from any loss, liability, claim of liability or expense(including reasonable attorneys' fees and litigation expenses)arising out of or related to any violation of law or negligent action or inaction of the party, and its agents, independent contractors, employees, customers, suppliers or invitees, or any goods sold therefrom (including product liability and other claims). 9.3 Proof of Compliance. Tenant shall provide proof of compliance with Section 9.1 from time to time as Landlord may reasonably request. 10. Condemnation. 10.1 Substantial Taking. If the entire Property is condemned,or if such a substantial portion of the Property, means of access or adjacent roadway is taken which renders the Property unsuitable for Tenant's business operations notwithstanding any alteration or restoration to the remainder of the Property that Tenant could do in order to make it suitable for Tenant to operate business on the 6 THE HOLLAND,INC.—Lcasc Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Ponlnd 1-2400253.2 0035615-00053 portion not taken,then this Lease shall terminate as of the date upon which possession is taken by the condemning authority. The net condemnation proceeds shall be divided between Landlord and Tenant in proportion to the value of their respective interests in the Property immediately prior to the termination of this Lease. Landlord shall have the right to offset any amounts in default that Tenant owes Landlord pursuant to this Lease against any proceeds payable to Tenant under this paragraph. A taking is deemed to be a "substantial taking"under this paragraph if so much of the Property or means of access to the Property is taken so as to render the remainder not taken reasonably unusable for the continued operation of Tenant's business. As used above, the"value"of Landlord's interest under this Lease consists of(i)the"bonus value"(if any) attributable to the rental required to be paid under this Lease, and (ii) the fair market value of the Building and Property, and present value of Landlord's reversionary interest in any improvements or installations by Tenant which, by the terms of this Lease,would revert to Landlord upon expiration of this Lease. The"value" of Tenant's interest under this Lease consists of(i) the "bonus value" (if any) attributable to Tenant's right of use of the Property pursuant to this Lease, and (ii) the fair market value of the improvements or installations by Tenant, excluding the value of the reversionary interest of Landlord therein. 10.2 Partial Taking. In the event of a partial taking by condemnation of the Property, means of access or roadway as described above, and Section 10.1 does not apply, the net condemnation proceeds shall be made available to Tenant to make necessary repairs and alterations to the Property (as appropriate) so as to permit Tenant to continue its operations and to restore the Property or other property not so taken. The base rent shall be abated during the period of restoration to the extent the Property is not reasonably usable for Tenant's use. Any net condemnation proceeds from the taking which are not used to repair, alter and restore the Property shall belong to Landlord. After restoration, the base rent shall be reduced for the remainder of the current lease term by the same percentage change as the difference in the fair rental value of the Property immediately preceding, compared to immediately following, the taking by condemnation, If the parties cannot agree upon the adjustment to base rent under this paragraph after good faith negotiation,the adjustment to such rent will be determined by arbitration in the manner provided in Section 10.3. 10.3 Arbitration Procedure. If the parties cannot agree upon the adjustment to base rent pursuant to Section 10.2, either party may request that the fair market rental values be determined by arbitration. The arbitration will be by three arbitrators, with the arbitrators' fee divided equally between the parties. Landlord and Tenant will each select as arbitrator an independent person having knowledge with respect to commercial shopping center real estate values and practices in the geographic area in which the Property is situated, and the two arbitrators shall select a third arbitrator having the above qualifications. The arbitrators will be instructed to determine the fair market rental value of the Property before and after the condemnation. The arbitration shall be conducted according to the procedures of the arbitration statutes of the State in which the Property is situated (ORS 36.300 et seq.), and the award shall have the effect provided therein. 10.4 Transfer in Lieu of Condemnation. Sale of property to a purchaser with the power of eminent domain in the face of a threat or the probability of the exercise of the power shall be treated as a taking by condemnation. 11. Transfers;No Release of Liability. 11.1 Restriction on Transfer. Landlord's consent, which Landlord will not unreasonably withhold, delay, or condition, is required for any assignment or material sublease; provided,however, that Tenant may,without the need for Landlord's consent,sublet all or any portion of the Property or assign the Lease (in each case, a "Permitted Transfer") to(i) a subsidiary, parent, affiliate, or corporation that controls or is controlled by or under common control with Tenant; (ii) a successor entity resulting from merger, consolidation,reorganization or other significant corporate transaction. Notwithstanding the foregoing, no provision of this Lease will be construed to require Tenant to obtain Landlord's consent for any financing of or on Tenant's leasehold estate or furniture, fixtures and equipment("FF&E")or require consent for(or to notify Landlord with respect to)any transfer of Tenant's stock. As used herein, the expression "affiliate" means a person or business entity, corporate or otherwise, that directly or indirectly through one or more intermediaries, is controlled by or is under control with Tenant. The word "control"means the right and power,direct or indirect, to direct or cause the direction of the management and policies of a person or business entity,corporation or otherwise. A sublease will not be a "material" sublease and will be deemed to be a Permitted Transfer so long as it meets the following conditions: (a) the sublease is for a term shorter than the Term of this Lease, (b)the sublease covers less than twenty-five percent(25%) of the Property, and(c) the subtenant does not require that Landlord recognize and continue the sublease as a direct lease with Landlord in the event this Lease expired or was terminated for any reason. Notwithstanding the foregoing, Landlord approves an assignment of this lease to Burgerville, LLC and acknowledges it is a Permitted Transfer. Any subtenant will comply with the terms and conditions of this Lease to the extent applicable. Any default by the subtenant in performing obligations under this Lease will result in Tenant's default. Any subtenant shall use the Property only as provided for herein. 7 THE HOLLAND,INC. Lcasc Porms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 Notwithstanding anything to the contrary herein,for any sublease or assignment that requires Landlord's consent,Tenant shall provide reasonable financial documents that Landlord may reasonably request related to any subtenant or assignee as a condition to Landlord's consent to such a transfer of Tenant's interest tinder this Lease. However,this requirement shall not apply to Burgerville, LLC,which is approved as a subtenant. 11.2 Reason for Any Disapproval Given. If Tenant follows the procedures in Section 11.1 for seeking Landlord's consent and Landlord does not approve the request, Landlord will give Tenant a written statement specifying the particular reasons why the proposed transfer and transferee were not reasonably acceptable to Landlord and any steps required to be taken by Tenant (if applicable) to obtain Landlord's consent, and at least thirty (30) days for Tenant to comply with such requirements or take other appropriate action with respect to Landlord's refusal to grant consent. 11.3 Consent Generally. The giving of consent in one instance shall not preclude the need for Tenant to obtain Landlord's consent to further transfers. In the event that Tenant,with or without the previous consent of Landlord,does assign or in any manner transfer this Lease or any estate or interest therein or sublease the Property, Tenant shall not be released from any of its obligations under this Lease. Landlord's consent to any of the foregoing shall not release or waive the prohibition against them thereafter or constitute a consent to any other assignment,transfer or sublease. 11.4 Attorney's Fees in Connection with Transfers. In the event Tenant shall assign or sublet the Property (other than in a Permitted Transfer)or request the consent of Landlord to any assignment or subletting, then Tenant shall pay Landlord's reasonable attorneys' fees and accounting fees incurred in connection therewith;such fees not to exceed$1,500 for each such request. 12. Defaults;Remedies. 12.1 Default. The following shall be events of default by Tenant: 12.1.1 Payment Default. Failure of Tenant to make any rent or other payment under this Lease within five(5)days after receipt of written notice of nonpayment. 12.1.2 Default in Other Covenants. Failure of Tenant to comply with any other term or condition or fulfill any other obligation of this Lease within thirty(30)days after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be remedied fully within the 30-day period (any payment of money due shall not be of such a nature), this requirement shall be satisfied if Tenant begins correction of the default within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. Tenant shall supply Landlord with evidence of such good faith efforts to remedy the default that Landlord may reasonably request from time to time, and when such remedy is fully effected,Tenant shall give Landlord written notice of the remedy. 12.1.3 Insolvency and Bankruptcy Defaults. The making by Tenant of any general assignment or general arrangement for the benefit of creditors;or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt,or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets where possession is not restored to Tenant within sixty(60)days; or the attachment,execution or other judicial seizure of substantially all of Tenant's assets where such seizure is not discharged within sixty(60)days. Tenant's"assets"under this paragraph are not limited to those located at the Property,but refer to Tenant's assets wherever located. 12.1.4 Copy of Notice. Concurrently with the giving of notice to Tenant of any default by Tenant under this Lease,Landlord shall give written notice to Tenant's corporate parent(if any)as to which Tenant has notified Landlord in writing(with Tenant providing to Landlord such entity's address and specifying that such notices should be concurrently given to such entity), or any successor to its business of operating and franchising Holland/Burgerville,U.S.A. restaurants(whether by merger,purchase of assets,or other means) provided Landlord has been provided written notice of such successor's address, and such parent or successor shall have the same period that the Tenant has to cure such default. 12.1.5 Statutory Rights. Tenant retains any rights of notice or rights of redemption, if any,as may be required by applicable State law. However, any such notice required by law may be given by Landlord in (or at Landlord's option, separate from) any notice 8 THE HOLLAND,INC.- Lease Forms(Standard Commercial Lcasc) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 required to be given by Landlord under this Lease, and the time periods provided in this Lease and required under applicable law will not be"tacked"onto each other but will commence running from the original date of delivery of such notices. 12.1.6 Notice of Re-entry or Suit. Prior to taking any action to re-enter or retake possession of the Property or to sue Tenant for damages for default, Landlord will provide Tenant with at least five (5) business days' notice of Landlord's intent to pursue the particular remedy or remedies if the default is not cured within such time period. Such notice may be given concurrently with or separately from the notices specified in Sections 12.2.1 through 12.2.3 above(and the time period under this Section are not"tacked on"to the end of the time period for notices under Sections 12.2.1 through 12.2.3 above). 12.2 Remedies on Tenant's Default. Upon default, Landlord may at any time thereafter in Landlord's sole discretion, with or without notice or demand, exercise any one or more of the remedies set forth below, or any other remedy now or hereafter available under applicable law: 12.2.1 Retake Possession. Landlord may re-enter and retake possession of the Property, using summary proceedings if it has not been vacated. Landlord may use the Property for Landlord's own purposes or relet it upon any reasonable terms in Landlord's discretion without prejudice to any other remedies that Landlord may have by reason of Tenant's default. 12.2.2 Damages for Default. Whether or not Landlord retakes possession or relets the Property (which includes the Building, whether or not specifically mentioned in each instance), Landlord may recover all reasonable damages caused by the default (including, but not limited to unpaid rent, and other costs and expenses to be borne by Tenant under this Lease, and reasonable attorneys' fees relating to the default and reasonable costs of reletting). In addition to all unpaid rental and other charges required by this Lease and the reasonable cost of necessary physical changes to re-let the Property, Landlord shall be entitled to recover from Tenant all damages and expenses reasonably incurred by Landlord by reason of Tenant's default, including, but not limited to, the reasonable cost of recovering possession of the Property,reasonable expenses of re-leasing,including necessary alteration or repair of the Property required in connection with the re-leasing of the entire Property for commercial retailing use by another single-occupant tenant, reasonable attorneys' fees and litigation costs. In re-leasing the Property after a default, Landlord will not be required (in connection with mitigation of its damages) to give preference to the lease of the Property before any other properties owned by Landlord that are available for lease. Tenant shall immediately pay such sums to Landlord upon demand, together with interest(the "default rate"of interest) at the rate of four percent(4%)per annum above the publicly announced prime or reference rate("Prime Rate")of the Bank of America(or other regional or national bank selected for this purpose by Landlord, if such bank's Prime Rate is discontinued or no longer available),as announced from time to time,from the date of any expenditure until fully paid. Landlord may sue periodically to recover damages as they accrue during the remainder of the lease term without barring a later action for further damages. 12.2.3 Cure of Tenant's Default. Without prejudice to any other remedy for default, Landlord may perform any obligation or make any payment reasonably required to cure a default by Tenant,after ten days'notice to Tenant of Landlord's intent to pursue this remedy if the default is not cured within such time period; provided, however, that 10 days' notice will not be required in cases of emergency where action is required to protect lives or property of Tenant, subtenants or others on the Property or Landlord's interest in the Property and Tenant is not proceeding to take appropriate remedial action (but Landlord in any event will attempt to notify Tenant, by telephone or in writing,as to the emergency and what actions Landlord is taking or proposes to take). The reasonable costs of performance, including reasonable attorneys' and accounting fees and all reasonable disbursements,shall immediately be repaid by Tenant upon demand, together with interest from the date of expenditure until fully paid at the rate of four percent(4%) per annum above the Prime Rate as announced from time to time. Whenever a party is entitled to recover"attorneys' fees" in this Lease, the term "attorneys' fees" shall mean and include (i)reasonable attorneys' and paralegals' fees and costs, including (without limitation) litigation costs, and (ii) reasonable accounting fees and other reasonable fees for professionals (such as a broker used to re-let the Premises after a default) used by a non-defaulting party to exercise its rights and remedies for default. If Landlord cures a default by Tenant but Tenant fails to reimburse Landlord for the costs incurred, with interest as provided above, within ten (10) days after Tenant's receipt of written demand for reimbursement(with reasonably back up documentation on the curative actions taken,the cost expended, and the total amount to be reimbursed by Tenant), then Landlord reserves the right to exercise any of its other rights and remedies under Section 12.2.1 and Section 12.2.2 above. 12.2.4 Other Remedies. In the event of Tenant's default,after expiration of applicable notice and/or grace periods, Landlord may pursue any other legal remedy for breach of contract, including (without limitation) specific performance, collection of interest and late charges provided in this Lease, recovery of damages, and enforcement of judgment(s)against Tenant, and Landlord may exercise any other remedy available under applicable law. 9 THE HOLLAND,iNC.—Lcasc Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 PortindI-2400253.2 0035615-00053 12.3 Default by Landlord. In the event Landlord fails to perform its responsibilities pursuant to this Lease,Tenant's notice as to Landlord's nonperformance will be sent simultaneously to Landlord and any mortgagee of Landlord which has requested such notice. Landlord will be in default under this Lease if Landlord fails to cause such responsibilities to be fully performed within thirty (30) days after written notice by Tenant to Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be remedied fully within the thirty(30)day period, this requirement shall be satisfied if Landlord begins correction of the default within the thirty (30)day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. Tenant shall not have the right to terminate this Lease as a result of Landlord's default. In the event of such default,Tenant shall have all remedies available under law for breach of contract,including(without limitation)the right of specific performance. In addition, Tenant may elect in its discretion to perform the required action or take corrective action reasonably required to cure the default if it pertains to the Property, in which event Landlord shall reimburse Tenant for the reasonable out-of-pocket costs of such action, together with reasonable and necessary costs and disbursements and interest, on the same basis as described in Section 12.2.3,after at least twenty (20) days' written notice to Landlord (and its mortgagee)as to the costs so incurred. Any amount not paid to Tenant within such 20-day period may be deducted by Tenant from the rent hereafter payable under this Lease,subject to the following: (i)the parties will promptly discuss and resolve to their mutual satisfaction any disagreement over the obligation or amount required to be paid by Landlord that is the subject of any such offset, and (ii) unless otherwise approved in writing by Landlord, Tenant shall not offset or deduct in any calendar month an amount greater than fifty percent (50%) of the monthly base rent,and the amount which is not capable of offset in a month will bear interest at the"default rate"of interest set forth above,from the date Tenant incurred such expenses to be offset until the date Tenant actually recovers such costs through offset. Any mortgagee of Landlord which has notified Tenant of its address in the manner provided for notices in this Lease will have the right to cure Landlord's defaults under this Article. The cure period will commence on notice to such mortgagee of the default and extend for a period ending twenty (20) days after the end of the time period for Landlord to cure a default. In this connection, any representative of the mortgagee or beneficiary shall have the right to enter upon the Property for the purpose of curing Landlord's default. 13. Surrender at Expiration. 13.1 Landlord's Reversionary interest; Surrender of Property. Upon expiration or termination of this Lease, and except as otherwise provided in this Lease, Landlord shall become the owner of and have the reversionary interest in any improvements or installations by Tenant which have become part of the real property,at no charge to Landlord. Tenant shall surrender the Property to Landlord in good repair, operating condition, working order and appearance, subject to reasonable wear and tear and (to the extent provided herein for termination after casualty)damage by fire and other casualty. Depreciation and wear from ordinary use need not be restored,but all repairs for which Tenant is responsible will be completed to the latest practical date prior to such surrender. If this Lease is terminated in connection with a casualty, Tenant will assign to Landlord the entire insurance proceeds pertaining to the Building and improvements. Tenant shall promptly remove all of its own signs, inventory, FF&E and other personal property that remain the property of Tenant,and will restore any physical damage caused by such removal. If Tenant has not removed such signs, inventory,FF&E and other personal property within thirty(30)days of expiration,termination or taking by default,of the Lease,such shall be deemed the property of Landlord and title in them shall automatically transfer to Landlord. 13.2 Holdover. If Tenant does not vacate the Property at the time required,Landlord shall have the option to treat Tenant as a tenant from month to month,subject to all of the provisions of this Lease(except that the term will be month to month and the base rent will be 150 percent of the amount of base rent then being paid by Tenant, including the effect of any adjustments to such base rent). 14. Warranty of Quiet Enjoyment. So long as Tenant complies with all terms of this Lease, Tenant shall be entitled to peaceable and undisturbed possession of the Property free from any interference by Landlord or those claiming through Landlord. 15. General Provisions. 15.1 Time of Essence. Time is of the essence of the performance of this Lease. 15.2 Nonwaiver. Waiver of performance of any provision shall not be a waiver of nor prejudice the party's right otherwise to require performance of the same provision or any other provision. 10 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location. t2785 SW Pacific Hwy Tigard,Oregon Document Datc: Monday,April 21,2008 Portlnd1.2400253.2 0035615-00053 15.3 Succession. This Lease shall bind and inure to the benefit of the parties,their respective heirs,successors and assigns. 15.4 Attornment. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or trust deed made by Landlord covering the Property and Building,shall attom to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease. 15.5 Changes Required by Tenant's Mortgagee, If Any. If Tenant's mortgagee (if any) requires any reasonable clarifications or modifications of this Lease as a condition to advancing a loan to Tenant, Landlord will cooperate in executing a modification agreement reasonably acceptable to the parties,provided that such agreement does not decrease the rent or the obligations and burdens placed on Tenant under this Lease,or interfere with or diminish in any material or substantial way the rights and the benefits provided to Landlord under this Lease. Nothing in this Section 15.5 shall be construed to require the Landlord to subordinate its interest in this Lease or in the Property to any financing by Tenant. 15.6 Leasehold and Equipment Financing. Tenant shall have the right to mortgage, pledge or otherwise encumber any improvements owned by Tenant and Tenant's leasehold estate under this Lease and its interest in the Property ("Leasehold Financing"). The Leasehold Financing will not, however, encumber the Building or the fee title to the Property. Such Leasehold Financing shall be and at all times remain subject and subordinate to this Lease and Landlord's rights and remedies as set forth herein. Tenant shall reimburse Landlord for its reasonable costs(up to alikl),in reviewing and approving any leasehold mortgagee protection agreement subsequently required or related documentation. No change in the rent or other economic terms of this Lease shall be required of Tenant as a condition to Landlord's consent thereto. Notwithstanding any other provision of this Lease,Tenant will have the right to lease or mortgage,pledge and encumber its trade fixtures,equipment and personal property (for this purpose,collectively, the "Equipment") from time to time (the "Equipment Financing") with a leasing company or through an institutional lender (collectively, an "Equipment Lender"). Landlord will execute, not later than ten (10) days after receipt of a written request, any consent,easement,Landlord's waiver of lien rights,acknowledgment,estoppel certificate or other document required in order to carry out the intent of this Section 15.6. 15.7 Estoppel Certificates. Within ten(10)days after receipt of a written request,either party shall deliver a written statement to the other stating the date to which the rent and other charges have been paid, whether this Lease is unmodified and in full force and effect,whether the other party is in compliance with this Lease and any other matters that may reasonably be requested. 15.8 Proration of Rent. If this Lease starts or ends during a rental period,the rent(including taxes and any other charges)shall be prorated as of such date. Upon termination other than for default,prepaid rent shall be refunded, if applicable. 15.9 Notices. All notices, consents, directions,approvals, instructions, requests and other communications required or permitted by the terms hereof to be given (collectively "Notices") shall be given in writing and effective upon receipt. All notices given pursuant to this Lease shall either be(i)mailed by first class mail,postage prepaid,certified or registered with return receipt requested, (ii)delivered in person or by nationally recognized overnight courier, or(iii)sent by telecopier or prepaid telegram. Any such notice sent by mail shall be deemed served or given two business days after deposit in the United States Postal Service. Any such notice sent by nationally recognized overnight courier shall be deemed served or given two business days after delivery to the courier, charges prepaid. Notice given to a party in any manner not specified above shall be effective only if and when received by the addressee as demonstrated by objective evidence in the possession of the sender. The address of each party to this Lease for purposes of notice are as set forth below their signatures, or as the parties otherwise designate on at least five(5)days' notice to the other party. A copy of any notice to either party will be sent to the party's legal counsel, as the party may designate. Each party may change its address for notice by giving not less than ten (10) days' prior notice of such change to the other party in the manner set forth above. Delivery of the copy of any notice to the places to which copies are to be sent is not a precondition to the effectiveness of the notice between the parties themselves. 15.10 Attorneys' Fees. In the event suit, action or arbitration is instituted to interpret or enforce the terms of this Lease, the prevailing party shall be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorneys' fees and other costs of litigation at trial,hearing or on appeal of such suit or action,or on any petition for review,in addition to all other sums provided by law. References to arbitration in this paragraph shall not,however, constitute an agreement to arbitrate disputes under this Lease. 15.11 Relationship of Parties; Disclaimers. The relationship of the parties to this Lease is landlord and tenant. Landlord is not a partner or joint venturer with Tenant in any respect or for any purpose in the conduct of Tenant's business or otherwise. No provision 11 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location 12785 SW Pacific Hwy Tigard,Oregon Document Date' Monday,April 21,2008 Ponlnd I-2400253.2 0035615-00053 of this Lease or previous (or subsequent) conduct or activities of Tenant or Landlord will be construed as making either party a partner,joint venturer,agent or principal of or with each other or as creating an operating covenant. There is no percentage rent. No provision of this Lease will be construed as limiting Tenant's right to conduct business at other locations. 15.12 Authorization of Lease. Each party covenants and warrants to the other that the person(s)executing this Lease on behalf of the party is duly authorized to execute and bind the party under this Lease. 1 5.13 Decision-making. Whenever either party's decision,determination,approval or consent is required under this Lease(each,a "Decision"), the party will promptly exercise judgment reasonably. Any consent granted by a party under this Lease shall not constitute a waiver of the requirement for consent in subsequent cases. No change in rent, the rights of the parties or the economic terms of this Lease shall be required as a condition to granting of consent or making another Decision. Any denial of consent will include in reasonable detail the reason for denial or aspect of the request that was not acceptable. In requesting a Decision, a party may provide to the other party a written request (a "Deemed Approval Request"), given in the manner provided in this Lease for notices, that states: "Under the terms of our Lease with you, we have submitted a request for a Decision. Under the terms of the Lease, you have ten calendar days [or such longer period as is specified in this Lease for the matter in question] after receipt of this letter to approve or disapprove the request for a Decision, and FAILURE TO PROVIDE SUCH NOTICE WITHIN SUCH TIME PERIOD WILL CONSTITUTE CONCLUSIVELY AN APPROVAL OF THE REQUEST." If the party does not notify the requesting party of its approval(or disapproval)of the request within the specified time period after receipt of a Deemed Approval Request, the request will be conclusively deemed approved by the party to whom the Deemed Approval Request was given. However, if the other party reasonably requests more information within the ten day approval period regarding the Deemed Approval Request from the submitting party, in which case the 10-day period will be reasonably extended to provide sufficient time for the requesting party to obtain,review and approve the requested information. 15.14 Brokers. Each party will defend, indemnify, and hold harmless from any claim, loss, or liability made or imposed by any other party claiming a commission or fee in connection with this transaction and arising out of its own conduct. 15.15 Section Headings. The headings to the sections and paragraphs of this Lease are included only for the convenience of the parties and shall not have the effect of enlarging,diminishing,or affecting the interpretation of its terms. 15.16 Joinder in Instruments. Upon reasonable request from time to time, Landlord shall join with Tenant in any conveyance, dedication,grant of easement or license or other instrument as shall be reasonably necessary or convenient to provide public utility service to the Property or in order to allow development or use of the Property by Tenant. Landlord shall not be required to incur any cost or expense by virtue of the provision of this paragraph. 15,17 Applicable Law. The Property is located in the State of Oregon (the"State"). The parties agree that the law of the State shall be applicable for all purposes, including construing and determining the validity of this Lease, determining the rights and remedies of Landlord in the event of default by Tenant and other matters, and that Washington County, Oregon shall have non- exclusive jurisdiction and venue for any suit by either party in connection with this Lease. 15.18 Prior Agreements. This Lease (including attached exhibits) is the entire, final and complete agreement of the parties with respect to the matters set forth in this Lease,and supersedes and replaces all written and oral agreements previously made or existing by and between the parties or their representatives with respect to such matters. 15.19 Validity of Provisions. If any of the provisions contained in this Lease shall be invalid, illegal or unenforceable in any respect,the validity of the remaining provisions contained in this Lease shall not be affected. 15.20 Joint and Several Liability. In the event Tenant subsequently consists of more than one person, firm or corporation,then all such persons,firms or corporations shall be jointly and severally liable as Tenant under this Lease. 15.21 Modifications. This Lease may not be modified except a formal lease amendment, in writing, dated and signed by the parties. Neither party shall be bound by any oral statement of any agent or employee modifying this Lease. 15.22 Recording. This Lease shall not be recorded, but the parties shall execute a memorandum of this Lease in recordable form (as set forth on Exhibit E,or as otherwise mutually approved by the parties)that may be recorded. 12 THE HOLLAND,INC.-Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Ponlnd l-2400253.2 0035615-00053 15.23 First Opportunity to Purchase. During the term of this Lease, Landlord grants Tenant the first opportunity to purchase Landlord's interest in the Building and Property(including Landlord's reversionary interest in any improvements made by Tenant). If Landlord decides to sell, exchange or otherwise transfer Landlord's interest during the lease term, other than sales or transfers to a related party or affiliated company,Landlord will give written notice to Tenant of the general terms on which Landlord intends to sell Landlord's interest, including a copy of any written offer received from third parties. Such notice shall state the purchase price and the terms for Landlord's interest and will not include other property of Landlord (unless the purchase price for the Property is separately stated) or consideration other than cash payments. Tenant shall have 30 days after receipt of the notice in which to elect to acquire Landlord's interest on the terms contained in the notice. Closing of the Tenant's purchase shall be within sixty(60)days after Tenant's exercise of its right to purchase. If the third party offer includes an exchange of properties, Tenant shall, at Landlord's request,cooperate in effecting the acquisition of the exchange property from its owner and Tenant shall exchange such property with Landlord for Landlord's interest,which transactions will be closed consecutively on the same date in escrow,with any additional costs incurred in transfer or conveyance taxes, closing costs, sales commissions, etc., as a result of such an exchange paid by Landlord, unless Tenant is the party requesting the exchange, in which case such additional costs shall be paid by Tenant. Election shall be by written notice to Landlord. If Tenant does not elect to acquire Landlord's interest, Landlord may sell, exchange or otherwise transfer Landlord's interest at a purchase price that is not less than the purchase price offered to Tenant and on other terms that are not materially more favorable to the purchaser than the terms stated in the original notice to Tenant,provided the transaction is closed within nine months after the date of Landlord's original notice. If the transaction is not closed within such 9-month period or if Landlord desires to transfer its interest at a lower purchase price or on terms that are materially more favorable to the purchaser than offered to Tenant, Landlord shall not transfer its interest without first again granting to Tenant the opportunity to purchase as provided above. Only fifteen (15) days' written notice of a specific sales transaction (including a copy of any written offer)will be required in the event Landlord is required to re-offer Landlord's interest to Tenant because of a proposed sale at a purchase price or on terms that are materially more favorable to the purchaser. Transfers of interest between partners or principals of Landlord, members of their respective families or affiliated companies of Landlord may be made without compliance with this paragraph, it being understood that the provisions of this paragraph shall survive any such transfers. Any sale or other conveyance by Landlord to third parties pursuant to this Lease,and any transfers between related parties or affiliated companies,will remain and be subject to all of the terms of this Lease,including this Section 15.23. 15.24 "Force Majeure" Delays. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, failure of power, restrictive governmental laws or regulations that first become effective after the date of this Lease,riots, insurrection,war or other reason of like nature not the fault of the party delayed in performing work of doing acts required under the terms of this Lease (a delay resulting from financial inability to perform, excepted) (collectively, "force majeure"events), then performance of such work or act shall be excused for the period of the delay and the period for the performance of any such work or act shall be extended for a period equivalent to the period of such delay. This provision shall not operate to excuse Tenant from prompt payment of base rental or any other payments required by the terms of this Lease. 15.25 Financial or Sales Information. [Intentionally deleted/merged with Section 15.32 below]. 15.26 Reasonable Efforts to Mitigate. Except as stated in Section 12.2.2 above, in the event of default by a party under this Lease,the other party shall use reasonable efforts to mitigate its damages. 15.27 Trash Dumpster. Tenant will be permitted to maintain a trash dumpster for Tenant's own use,at an appropriate location on the Property. 15.28 Handbills;Advertising. [intentionally deleted]. 15.29 Employee Parking. [intentionally deleted]. 15.30 Reimbursements. Whenever this Lease provides for Tenant to pay or reimburse Landlord for costs incurred by Landlord, Landlord's notice or invoice of such costs will include reasonable detail concerning the nature of the work or obligation performed and the costs incurred. Landlord will promptly respond to reasonable requests for reasonable back-up documentation. 13 THE HOLLAND,INC.—Lcasc Forms(Standard Commercial Lcasc) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portind 1-2400253.2 0035615-00053 15.31 Indemnification. The provisions of this Lease concerning indemnification are subject to the following conditions: (i)the party seeking indemnification (the"Indemnified Party") will promptly notify the indemnifying party (the "Indemnitor") in writing as soon as the Indemnified Party becomes aware of the injury, action, event, claim or demand giving rise to the obligation to indemnify; (ii)the Indemnified Party will take no steps (such as admission of liability) which will operate to bar Indemnitor from obtaining any protection afforded by any policies of insurance it may hold or which operate to prejudice the defense in any such legal proceedings or otherwise prevent Indemnitor from protecting itself against such claim, action, demand, or legal proceeding. Indemnitor shall have the sole and exclusive right to conduct the response to or defense of any such claim, action, demand, or legal proceeding; and (iii)the parties will reasonably cooperate (at Indemnitor's expense) in responding to any claim, action, demand or legal proceeding covered by the indemnity. Indemnitor and Indemnitor's attomey(s)shall notify Indemnified Party of its responses to or defenses of any claim, action,demand or legal proceeding,including without limitation,providing Indemnified Party with copies of pleadings and correspondence. In the event that the Indemnified Party reasonably believes that the response of defense taken by Indemnitor is harmful to Indemnified Party, Indemnified Party may notify Indemnitor of such event and specify the harm being caused and request that the Indemnitor revise its response or defense. So long as the requested revision does not cause any material problem to Indemnitor's proposed response or defense,then Indemnitor shall revise its response or defense to substantially conform to Indemnified Party's request. 15.32 Confidentiality; Exclusive Dealings. During the Term of this Lease,the parties shall maintain all confidential information in confidence and will not disclose such information to any other party without written consent. "Confidential Information"means financial statements on Tenant its principals and any other financial or sales information from Tenant related to the Property, present or future business plans, identifying information of the parties such as social security numbers or tax identification numbers and any other information of Tenant that is confidential or proprietary. Confidential Information may be provided in confidence to the parties' affiliates and developers, and the employees, partners, directors, consultants, accountants and professional advisers, attorneys of the party and its affiliates and developers, and any lenders or mortgagees to the party or its affiliates and to any potential (or actual) purchaser of the Property. Any documents referenced herein that are to be kept confidential as provided herein shall bear a stamp containing the word"CONFIDENTIAL." 15.33 Media; Publicity. Landlord acknowledges that Tenant is not restricted in how Tenant handles its media,publicity and news releases concerning the Property,the site history,the Building or the Property for Tenant's sustainability(and other)programs. ATTACHMENTS Exhibit"A" -Legal Description of Property Exhibit`B" -Drawing or Site Plan Showing the Property Exhibit"C" -Standard Landlord Supplied Site Specifications Exhibit"C-1" -Additional Terms Related to the Property Exhibit"D" - [intentionally deleted] Exhibit"E" -Memorandum of Lease Exhibit"F" - [intentionally deleted] ALL EXHIBITS AND ATTACHMENTS TO THIS LEASE ARE HEREBY INCORPORATED AS PART OF THE BODY OF THIS INSTRUMENT. [NO MORE TEXT ON THIS PAGE] 14 THE HOLLAND,INC.—Lcasc Forms(Standard Commercial Lcasc) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Datc: Monday,April 21,2008 Portlnd -2400253.2 0035615.00053 • The parties hereby have executed this Lease at the place on the dates specified immediately adjacent to their respective signatures. If this Lease has been filled in, it has been prepared for submission to your attorney for his approval. No representation or recommendation is made by the real estate broker or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this Lease or the transaction relating thereto. LANDLORD: LAWRENCE K. PETERSON LAW OFFICE CATHERINE MCNICOL BENNETH Executed at: 301 Lakeside Piaza _ 8 North State Street By. i��.L .� .r b Lake Oswego, OR 07034-3956 Catherine McNicol Benneth Dated: 72/00.44-6 c>20Zl Qr Address for Notices: LAWRENCE K. PETERSON LAW OFFICE 301 Lakeside 8 North State Lake Oswego, OR 97034-3956 With a copy to: Lawrence K. Peterson 8 N State St.,Ste 301 Lake Oswego OR 97034 Facsimile No.: 503-636-8512 TENANT: THE HOLLAND,INC.,a Washington corporation Executed at: /1\" By: 3^ Name/Title: t/Pu.R- jy ��; , Dated: (7) /U Address for Notices: THE HOLLAND,INC. Attention: Real Estate Department c/o 109 West 17th Street Vancouver,Washington 98660 Facsimile: (360)694-9114 With a copy to: STOEL RIVES,LLP 900 SW Fifth Ave.,Suite 2600 Portland,OR 97204-1235 Attention: David W.Green 15 THE HOLLAND,INC.- Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The North one-half of Lot 8,NORTH TIGARDVILLE ADDITION AMENDED,in the City of Tigard,County of Washington,and State of Oregon. Except that tract of land conveyed to the State of Oregon,by and through the State Highway Commission,recorded December 26, 1939,in Book 186,Page 95. • 16 THE HOLLAND,INC.—Lcasc Forms(Standard Ground Lcasc) Version Date: Tuesday,December 11,2007 Port ind 1-2400253.2 0035615-00053 EXHIBIT B DRAWING OR SITE PLAN SHOWING THE PROPERTY See attached. 17 THE HOLLAND,INC.—Lease Fonns(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 PortInd I-2400253.2 0035615-00053 \e? a 76.26 _.J �\� a2'Q �7 ., �.. / ,ti+ e � ,��' ' , \\ \ 51 SOO B�� So . - ‘ 2'' N ..11...- -N o j '�*e d \� ��� ‘4,s 4„, .370A \ �+✓ 702 0 sr• eel .1 C ' ' N /^ ae AC < 700 JO AC )1."2. 10 AC ^j \ �• ,5� 10 6 ` ```\. \ \a M41 OvG / . i \ c. * "1 I re c t,Xli f■.Ni v As:it;' '.'s.i,,,_•' .-. N% Mil . 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I I °�4),N. 1. __,.z-F:' = )! 1503 �� ■ 4s%,,pv •N` 1 I l�,I( � j' 1.47 AC (. 2100 ,',1-\ 'i111111 / ,\.)Ns..24 AC e \? •174;;\ `\ 38t,/%`� t, b.. �lilll a�.e \ '� < •> ,. \�• ,•`1\ X0000 — / A 1701 \ lj S /� '� / \ 43 AC ) �ti„p. i 'bra �� 2101 \,a e \\ �'+ Q `' 4y •�3 AC \ N CD N b/-=~ \'s 1700 `\\� U; E .45 AC-.�. j \ gyp\\• �<S ' /# ` ! ,// 1601 ~�_ ,. 18 THE HOLLAND,INC.-Leasc Forms(Standard Commercial Leasc) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd 1-2400253.2 0035615-00053 EXHIBIT C STANDARD LANDLORD-SUPPLIED SITE SPECIFICATIONS Tenant's standard site and building specifications are attached to this Exhibit. After Tenant completes its feasibility study of the Property, the parties will discuss and resolve, to their mutual satisfaction, the handling of any deficiencies between the Building in its AS IS condition and Tenant's standard site and building specifications. 19 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Datc: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 EXHIBIT C TENANT'S STANDARD LANDLORD-SUPPLIED SITE SPECIFICATIONS Landlord agrees to provide the following to within five feet (5') of the footprint of the Building in a location directed by Tenant and/or as otherwise shown on the point of connection plan attached hereto: a. Electrical: 1600 amp electrical service at 120/208 volts, 3 phase. Service to include all appropriate conduit and cable. b. Temporary Electrical: Temporary electrical service of 200 amps at 120/208 volts within 100 feet of the Building during construction. Service to include all appropriate conduit and cable. c. Signage Conduit: Provide 2 inch conduit and pull string from each proposed site sign. d. Gas: A gas line capable of supplying 3 million BTU's of natural gas at a pressure equal to 7 inches of water column with meter. e. Fire Service: A dedicated 6 inch fire service line,with backflow prevention,at a pressure equal to 50 pounds. f. Water: A dedicated 2 inch water supply line,with a 2 inch meter,at a pressure equal to 60 pounds. g. Irrigation: Provide tie into the existing irrigation system maintained by Landlord or if no irrigation system exists, provide a 1 inch water supply line,with usage meter,at pressure equal to 60 pounds. h. Sanitary Sewer: A minimum 6 inch dedicated sewer line, at a minimum depth of 48 inches from finished floor elevation. i. Storm Sewer: Storm water management system to provide drainage and retention of adequate size and capacity to accommodate all impervious surfaces including the roof, sidewalks,and paved surfaces. j. Telephone Service Lines: Provide 2 inch conduit and pull string from main service. Tenant requires up to 10 lines. k. Signage Conduit: Provide 2 inch conduit and pull string from proposed monument/pylon signs. Any work by Landlord to satisfy the foregoing requirements will be performed promptly, in a good and workmanlike manner, and in accordance with the requirements of the Lease. In lieu of Landlord performing any such work, Tenant will reasonably approve a credit for Tenant to perform the work and receive a credit against the fixed monthly rent under the Lease until the credit is fully used. 20 THE HOLLAND,INC.—Lcasc Forms(Standard Commercial Lease) Location 12785 SW Pacific Hwy Tigard,Oregon Document Date• Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 EXHIBIT C-1 ADDITIONAL TERMS RELATED TO THE PROPERTY I. Condition of Property. Upon(or before)execution of this Lease by Tenant, Landlord will disclose any known conditions and any environmental contamination or environmental remediation performed for any conditions within the Property. Landlord will provide Tenant with copies of any environmental reports (if applicable) in Landlord's possession, any information in Landlord's possession the capacity of utility lines and any restrictions on use of utilities, and copies of any use restrictions or exclusive use commitments made to other occupants of the Property,if any,and any other known property conditions or any contracts or agreements affecting the Property that would affect Tenant's store design,permitting,construction or use of the Property. 2. Hazardous Substances. Landlord will be responsible for delivering the Property to Tenant free of any Hazardous Substances known by Landlord. 3. Landlord Supplied Information. Landlord shall provide a copy of its most recent title report or title policy for the Property,along with copies of all underlying title exceptions. 4. Tenant's Plans. If there is an existing Building on the Property,Tenant may modify,alter or demolish all or part of the Building so long as Tenant is doing so in connection with the construction of a new Building on the Property under plans approved by Landlord. Tenant will promptly provide to Landlord plans and other information concerning the site plan, layout,design,construction and operation of any new Building and improvements on the Property and related matters, as Landlord may reasonably require, which will be subject to Landlord's review and approval, which shall not be unreasonably withheld ("Plans"). Landlord shall have up to thirty (30) days after receipt of the Plans to provide its comments (provided, Landlord shall use commercially reasonable efforts to provide its comments prior to the end of such 30-day period). If Landlord has not notified Tenant in writing of its approval or disapproval within the time period stated above, the Plans shall be conclusively deemed approved by Landlord. If Landlord disapproves such Plans,Tenant shall promptly revise and resubmit such Plans to Landlord, correcting or altering such disapproved items. Upon mutual approval of the Plans,Tenant shall submit the Plans to the City/County for governmental. Tenant will be responsible for obtaining the building permit and all governmental permits and approvals required in connection with the work, and for complying with all terms and requirements of the Lease. 5. Performance of Work by Tenant. After approval of the Plans and related information, Tenant shall commence, perform and complete construction of the Building and other improvements in accordance with the Plans and in a good and workmanlike manner. Tenant shall provide Landlord with copies of all permits and approvals, and the occupancy approval, received from government related to the construction of the Building. Tenant shall cooperate with Landlord in providing promptly upon Landlord's request any additional information required by Landlord during the course of construction. Tenant shall notify Landlord when the work is completed. Tenant will be solely responsible for paying all direct and indirect construction costs,and Landlord may post(and Tenant will maintain)notices of non-responsibility on the Property. Tenant shall be responsible for providing"as built"plans to the Landlord upon the completion of the construction. 6. Work Product to Landlord. If for any reason this Lease is terminated prior to completion of construction of the improvements,Tenant shall deliver Tenant's entire written work product pertaining to the construction work to Landlord,including all plans,drawings,supporting data,studies,and any surveys. 7. Tenant's SiQnaae. Tenant will have the right to install signs on the Property and Building and may maintain maximum signage permitted by applicable Legal Requirements, including any monument, pylon or other signs allowed under applicable building and sign codes. The existing sign pole/structure used by the former tenant, shall not be removed (except for the identification signage on such pole/structure that shall be removed before 21 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Datc: Monday,April 21,2008 Portind I-2400253.2 0035615-00053 delivery of the Property to Tenant), and Landlord warrants that Tenant will be entitled to use and install its identification signage on such sign pole/structure under applicable City of Tigard codes and Legal Requirements (subject to Tenant's applying for the sign permit for continued use of the sign pole/structure). 8. Lien Claims; Right to Contest. In the event a lien is filed against the Property by reason of Tenant's Work or any subsequent alteration,addition or repair to the Property made by or at the order of Tenant,Tenant shall be allowed to contest such lien; provided, however, that if the lien claimant commences foreclosure, Tenant shall cause such lien to be bonded within thirty(30)days thereafter so as to release it as a lien from the Property. Tenant hereby agrees to hold Landlord harmless from and against any and all claims and demands by contractors or other third parties against the Property relating to or arising out of such work,alteration,addition or repair. 9. Title Insurance on Leasehold Estate. Upon the recordation of the Memorandum of Lease, a title insurance company acceptable to Tenant will issue to Tenant a leasehold policy of the title insurance ("Title Policy"), in ALTA extended coverage form (if available). Such policy will not include exceptions for any taxes or assessments levied,assessed or imposed for any prior time period,or for the rights of any party in possession,other than Tenant and other than easements of record which have been previously approved in writing by Tenant. Landlord will pay for the cost of a"standard coverage" leasehold policy of title insurance. Tenant will pay the costs of"extended coverage"and the mortgagee's title policy required by Tenant's lender(if any). I0. Permit Contingency. Tenant will have the right to terminate the Lease if Tenant is(or will be) unable to obtain all permits, variances and other governmental approvals needed for the lawful construction and operation of its restaurant on the Property within 120 days after the date Landlord delivers the Property to Tenant in the condition required by this Lease,so long as the Tenant has used timely,diligent and reasonable efforts to obtain such permits, variances and other governmental approvals, the responsible governmental authority has made a final decision and no appeals are available or practicable for Tenant. However,so long as Tenant has diligently pursued obtaining all permits, variances and approvals, Tenant may extend such period until the responsible authority has made a final decision and all appeals of the decision are exhausted. Tenant will apply for and diligently pursue each permit at its expense. Landlord will cooperate with Tenant and will execute any necessary applications for such permits. 22 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date. Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 EXHIBIT D (intentionally deleted] 23 THE HOLLAND,INC.—Lcasc Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Datc: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 EXHIBIT E MEMORANDUM OF COMMERCIAL LEASE THIS MEMORANDUM OF COMMERCIAL LEASE, is made and entered into as of this day of , 20 , by and between CATHERINE McNICOL BENNETH (herein called "Landlord")and THE HOLLAND, INC.,a Washington corporation_therein called"Tenant"). WHEREAS, Landlord and Tenant entered into that certain ground lease dated , 2008 (the "Lease"),relating to certain leased land(the"Property")which is legally described on the attached Exhibit A;and WHEREAS, Landlord and Tenant now wish to memorialize of record the existence of the Lease and certain specific terms of the same. NOW THEREFORE, in consideration of the Lease and other good and valuable consideration, Landlord and Tenant agree as follows: 1. Parties: Lease of the Property. Landlord and Tenant are parties to the Lease to demise and let the Property,upon the terms and conditions more particularly set forth in the Lease. 2. Original Lease Term. The term of the Lease shall be for an initial term of five (5) full lease years from and after the Commencement Date set forth in the Lease,plus the initial period from the Commencement Date until the Commencement Date. 3. Options to Extend the Term. Subject to the terms and conditions more particularly set forth in the Lease, Tenant has six (6) options to extend the term of the Lease for five (5) years for each option, for an aggregate of thirty-five (35) years, such extended terms to commence at the expiration of the initial term or preceding extended term of the Lease,as the case may be. 4. Termination. In the event for any reason the Lease is terminated prior to the Commencement Date, or in the event the Lease is terminated pursuant to its terms prior to the expiration date of the term of the Lease, as it may be extended as provided above, then the parties will promptly execute, on either party's request,an instrument in recordable form for purposes of confirming the termination of the Lease. 5. Incorporation of Lease and Recitals of Memorandum. Reference is made to the Lease for a full statement of the terms and conditions of the Lease, all of which are hereby incorporated by reference. All recitals in this Memorandum are incorporated as part of the body of this Memorandum. 6. Lease is Controlling Agreement. Nothing in this Memorandum shall be construed to amend, modify,change,alter,amplify, interpret or supersede any of the terms and provisions of the Lease,which shall in all things control. IN WITNESS WHEREOF, Landlord and Tenant have caused this Memorandum of Commercial Lease to be executed as of the day and year first above written. [NO MORE TEXT ON THIS PAGE] 24 THE HOLLAND,INC. . Lcasc Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlndl-2400253.2 0035615-00053 LANDLORD: CATHERINE MCNICOL BENNETH Executed at: By: Catherine McNicol Benneth Dated: Address for Notices: Lawrence K.Peterson 8 N State St.,Ste 301 Lake Oswego OR 97034 Facsimile No.: 503-636-8512 TENANT: THE HOLLAND,INC.,a Washington corporation Executed at: By: Name/Title: Dated: Address for Notices: THE HOLLAND,INC. Attention: Real Estate Department do 109 West 17th Street Vancouver,Washington 98660 Facsimile: (360)694-9114 With a copy to: STOEL RIVES,LLP 900 SW Fifth Ave.,Suite 2600 Portland,OR 97204-1235 Attention: David W.Green 25 THE HOLLAND,INC.-Lcasc Forms(Standard Commercial Lcasc) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd 1-2400253.2 0035615-00053 STATE OF OREGON )ss. COUNTY OF This instrument was acknowledged before me on ,2008,by Catherine Spada Benneth, Trustee of the Spada Trust,on its behalf. Notary Public My commission expires: Commission No.: STATE OF WASHINGTON ) )ss. COUNTY OF ) On , 2008, before me personally appeared , to me known to be the of The Holland, Inc., the corporation that executed the within and foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that was authorized to execute said instrument and that the seal affixed,if any, is the corporate seal of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Signature: Name(Print): NOTARY PUBLIC in and for the State of Washington,residing at My appointment expires: 26 THE HOLLAND,INC. Lcasc Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portlnd I-2400253.2 0035615-00053 EXHIBIT F 'intentionally deleted] 27 THE HOLLAND,INC.—Lease Forms(Standard Commercial Lease) Location: 12785 SW Pacific Hwy Tigard,Oregon Document Date: Monday,April 21,2008 Portind I-2400253.2 0035615-00053 Minor Modification Application Burgerville Pacific Highway Remodel June 2008 Applicant: Sharon Nielson Burgerville 109 W 17th Street Vancouver, WA 98660 360.694.1521 BERGER/,ARAM E N G I N E E R S I N C. 1111 Main Street • Suite 300 Vancouver,Washington 98660 700 NE Multnomah Street • Suite 900 Portland,Oregon 97232 Phone:360.823.6100/503.872.4100 Fax:360.823.6101/503.872.4101 RECEIVED JUN 0 4 2008 CITYOF TIGARD PLANNINGENOINEERING MINOR MODIFICATION APPLICATION BURGERVILLE PACIFIC HIGHWAY REMODEL June 2008 Minor Modification Application Burgerville Pacific Highway Remodel Table of Contents 1.0 INTRODUCTION &SUMMARY 1 2.0 SITE DESCRIPTION 1 2.1 Existing Structures 1 2.2 Zoning 1 3.0 PROJECT DESCRIPTION 1 4.0 SITE DEVELOPMENT REVIEW 1 4.1 Type I Minor Modification 1 4.2 Design Standards 3 4.3 Parking 4 4.4 Landscaping 5 List of Tables Table 1.Design Standards 4 BERGER/ABAM Page i June 2008 Minor Modification Application Burgerville Pacific Highway Remodel 1.0 INTRODUCTION &SUMMARY Burgerville Restaurants is proposing to remodel the existing Wendy's restaurant located at 12785 SW Pacific Highway South (Highway 99)in Tigard,Oregon.Burgerville recently leased the site from the existing owner, Catherine McNicol Benneth, c/o Lawrence K. Peterson Law Office. 2.0 SITE DESCRIPTION 2.1 Existing Structures/Use The existing 2,860 sf structure most recently operated as a drive-thru Wendy's restaurant;however, the site is currently vacant. 2.2 Zoning The site is zoned CG by the City of Tigard. The C-G zone is designed to accommodate a full range of retail, office and civic uses with a citywide and even regional trade area. The remodel will not change the use category of eating and drinking establishment and is permitted outright within the C-G zone.' 3.0 PROJECT DESCRIPTION The proposed remodel will transform the existing Wendy's into a restaurant consistent with Burgerville's commitment to the environment and sustainability.The proposed project would use the existing structure to the maximum extent possible. The remodeled building would not extend beyond the existing footprint except for a minor change to the existing drive-thru service windows. The existing sunroom would be removed and the eastern wall of the building extended upward.The roof line in this area would be raised to create a clerestory window to allow natural light into the building.Wendy's trademark mansard roof would be removed and parapet walls installed to the existing height of the building. Minor changes are proposed to the existing parking lot layout and landscaping.Three existing parking spaces would be removed and a pedestrian plaza would be created and bicycle parking installed.A rainwater cistern would be installed in this area to supplement the irrigation system.The existing landscaping between the building and street would be changed but there would be no change in the area of landscaping. Street trees would be added consistent with the City's requirements. The existing pole-mounted sign would be replaced with a Burgerville sign.A separate sign permit would be submitted for review and approval prior to construction. 4.0 SITE DEVELOPMENT REVIEW 4.1 Type I Minor Modification The proposal is subject to a Type I Minor Modification application as explained in the Site Development Review requirements of TMC.18.360, which says that modifications to TMC.18.520.030,Table 18.520.1 Use Table:Commercial Zones,October 2002. BERGER/ABAM Page 1 June 2008 Minor Modification Application Burgerville Pacific Highway Remodel existing developments are allowed to be reviewed as Type I Minor Modifications if they do not meet the criteria for a major modification as specified in TMC.18.360.050.B. The following major modification criteria and responses in italics show why the proposal is not subject to a major modification and therefore is only required to meet the standards of minor modifications. 1. An increase in dwelling unit density, or lot coverage for residential development; The proposal is not a residential project; therefore, this criterion is not applicable. 2. A change in the ratio or number of different types of dwelling units; The proposal is not a residential project; therefore, this criterion is not applicable. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Table 18.765.2 specifies a parking standard of 9.9 spaces per 1,000 sf of floor area for fast food eating and drinking establishments. The proposed remodel does not increase the square footage of the existing restaurant and will result in no increased parking demand. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The proposed remodel does not change the occupancy classification of the structure. It is currently used as a restaurant and will remain so after the remodel. 5. An increase in the height of the building(s)by more than 20%; The proposed project would replace a portion of the existing flat roof with a pitched shed roof that would result in an increase in the height of the structure. The existing structure has a maximum height of 15'9"above ground. The proposed height of the pitched shed roof(measured per 18.120.030(A)(33))would be 18'10"feet, an increase of 20% in roof height. Since the proposed height results in an increase of 20%or less, the proposal would not trigger the major modification review. 6. A change in the type and location of accessways and parking areas where off- site traffic would be affected; No changes are proposed to the existing accessways or parking areas. Therefore, off- site traffic will not be affected. BERGER/ABAM Page 2 June 2008 Minor Modification Application Burgerville Pacific Highway Remodel 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Trips are not anticipated to increase with the proposed remodel because the square footage of the structure would remain the same and the seat count would remain the same or be reduced slightly. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The proposed remodel would not increase the square footage of the existing structure. 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%; The proposed remodel would not change the 9,800 sf area of the site currently devoted to landscaping except for a minimal amount necessary to accommodate a pedestrian connection to Pacific Highway. The existing landscaping does not qualify as common or usable open space. 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. The proposed remodel would not change the nature of the existing screening and would not change the percentage of the site devoted to landscaping. Burgerville may choose to change the existing landscaping to meet its sustainability goals, but would not change the extent of landscaped areas. There are not recreational facilities on site. 4.2 Design Standards The C-G zone design standards are shown in Table 1.Table 1 also shows how the proposal is consistent with the design standards. BERGER/ABAM Page 3 June 2008 Minor Modification Application Burgerville Pacific Highway Remodel Table . Design Standards Standard C-G Zone Proposed Minimum Lot Size None 1.01 acres Minimum Lot Width 50 ft 204.5 ft Minimum Setbacks Front yard 01 10 ft Side Yard on Corner N/A2 140 ft Rear yard 20 ft3 105 ft Minimum Building Height N/A N/A Maximum Building Height 45 ft 18 ft 10 in Maximum Site Coverage 85% 78%(Include impervious) Minimum Landscape 15% 22% Minimum FAR N/A N/A 'There shall be no minimum front yard setback requirement;however,conditions in Chapters 18.745 and 18.795 must be met. 2 The provisions of Chapter 18.795(Vision Clearance)must be satisfied. 3No setback shall be required except 20 feet shall be required where the zone abuts a residential zoning district. 4.3 Parking Chapter 18.765 Off-Street Parking and Loading Requirements is applicable in the following three situations: • New construction.At the time of the erection of a new structure within any zoning district,offstreet vehicle parking will be provided in accordance with Section 18.765.070. • Expansion of existing use. At the time of an enlargement of a structure which increases the on-site vehicle parking requirements, off-street vehicle parking will be provided in accordance with Section 18.765.070 subject to the following... • Change of use.When an existing structure is changed from one use to another use as listed in Section 18.765.070, the following provisions shall apply... The proposed minor modification does not fall into any of the three situations identified in TMC.18.765.020 Applicability, and is therefore exempt from these provisions. Although the exterior design of the building would be altered,the use and building size will remain the same therefore the existing parking stalls are adequate. The proposal will remove five existing parking stalls.The site currently contains 54 spaces.Based on the requirement of 9.9 spaces per 1,000 square feet, a total of 25 spaces is required. The project will continue to have adequate spaces with the proposed reduction to 49 spaces. BERGER/ABAM Page 4 June 2008 Minor Modification Application Burgerville Pacific Highway Remodel 4.4 Landscaping Chapter 18.745 Landscaping and Screening is applicable in the following three situations: • Applicability. The provision of this chapter shall apply to development including the construction of new structures,remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. • When site development review does not apply.Where the provisions of Chapter 18.360, Site Development Review, do not apply,the Director shall approve, approve with conditions,or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030,using the applicable standards in this chapter. • Site plan requirements. The applicant shall submit a site plan.The director shall provide the applicant with detailed information about the submission requirement. Currently,landscaping on site is nonconforming with the street tree standard identified in 18.745.040(A)because the site has more than 100 feet of frontage on SW Pacific Highway (a public street)and contains only one street tree.Accordingly, two large new street trees are to be placed along the SE Pacific Highway frontage consistent with 18.745.040.C.2. With the addition of these two street trees and the retention of current landscaping features, the site is consistent with applicable landscaping standards. BERGER/ABAM Page 5 June 2008 ■ LITMUS design +architecture SHEET NOTES STAMP RECEIVED JUN 2 7 2008 CONSULTANT STAMP CITY OF TI�;A pLA�fENG1tIEERD AING 31N6 _ _ _ N57°40'00'W "�° �' • 224.1 • � PROJECT INFO qMT ! BV TIGARD I 12785 SW PACIFIC HWY. TIGARD,OR. NEW STREET TPEE.YELLOW WOW O / 3 — — - cuoRA6T16 RENNXFA N • R ' \ h -6 i /S PROJECT#:BV_TIGARD U r II / DRAWN BY:JLL,APA • 0 �a 3 CO l'.."----- (1 6 ''''...\„.„...,„ �o / RELEASE DATE % MARK DATE DESCRIPTION \\ \�0 05.30.08 LUR APPLICATION \ NEw NwDy/GAFED AREA rnTN 6x:raE F.vmlxG TD I ® I ME.CES 1 REWMEMEM3.(F VEHICLE PMxWG 6MCE6 To BE REMDVEDI • 6 NEW E6+IERN FOR RAINWATER COLtEC1pN To ravE Emwr roxoxTN aoE o�c ul l°�iacx euw ouT \ A!! ! NpY PLg11TNMSw1E,lANpeUPEDMEI3.iYP.Arlo Cr . . • \` �� _-__ 4w PITCHED ROOF.SEE ELEVATIONS FOR MORE NEC SOARON(E)EOCSr C ` _ 6 IEHNUAO1Na- i . r y r /-- lir 11 ■ SET NOTES (Emma _ I.ANY USE OF THESE DRAWINGS INCLUDING COPYING \ , w / OR MOOIflCA71pN OF THE ORIGINAL DESIGN FOR ` \ \\\� , I/ BIDDING,PERMITTING,OR CON5TRUCTKx!IS PROHIBITED 1 .. ..� WITHOUT THE EXPRESS WRITTEN CONSENT OF THIS ' \ a OFFICE. —. L. NEW c / / PE PANEL TYP. 204.54' .; / N 57°40'00'W / • SITE INFO: ADDRESS: PACIFIC IFIC HWY,TIGARD,OR 97223 FINAL A P P RO VA L® ° TAX LOT:13E335 R46 4241 SITE:C( GENER CITY OF TIGA PLMMi'4tMO I1NYislt3ld ZONE:CG-GENERAL COMMERCIAL PARKING REQUIRED:25 SPACES PARKING PROVIDED:54 SPACES (E) Site Plan / I s.� - SHEET NUMBER Site Plan L BYY�'._�'`'� DATE /--I � e, SCALE:,' =40' 4i, SCALE:,• =20' .„..1 A 1 00 .. ,. .. (# , LITMUS I I 1 1 1 1 I design + architecture / /----ROOF-2 P-10,TYP.AT(E)BRICK ROOF-1 MO SHEET NOTES STAMP ( I PV ARRAY:SEE ELECT. I I �� oL2 CLERESTORY GLAZING ,k i i (E)BUMPOUT TO REMAIN I 1..�' I - STF-1 I I MTL-1 q , — — - _ _ ■ — — : == f AWN-1 CONSULTANT STAMP _'is===mg. !_ _ ■ _21.ice L_--�. —_-------------- • • -------- I��VA\�n�E -_ -47'E L1L_-----_,k.aa-EMI 0123 FILL IN(E)WINDOW NEW BUMPOUT:EXPOSED CMU BLOCK METAL LOWERS EXPOSED CMU BLOCK GLZ-2&STF-1 AT(E)STOREFRONT TYP. PROJECT INFO e SOUTH BCALE: /1B'- 1,-o. BV TIGARD 12765 SW PACIFIC HWY. TIGARD,OR. ROOF-1 ROOF-0 MTLQ 11 CLERESTORY GLAZING S7f-1 MTLS L i --11 I II l Ir L 11 u I Iu I II u I I I I II I L J 1 ROOF-2 PROJECT 8:BV_TIGARD DRAWN 5,:JLL f; I MTL-1 0 AT(E)BRICK TYP. j.�=Sy=1 ��--E �-------- ----- `., '1 I I I AWN-2 r, ---_—°— , RELEASE DATE ,� 1 o _ _ _ __ S. '------=-7----7 _= = IE�' MARK DATE DESCRIPTION I0 r. ����, P_____--------—_ X 08.132008 100%DD's -- I wo AWN-1 _- - _------_-I I FA UPPER PANEL I .. ■•■4 -- 36•AFF --- - „ __:� ^ GLZ 3 TYP AT LOWER PANEL MN - ----- -_-_-� 4I ! x=_ , _ m��[o�a�warn=tr�,=,m� - - - _- - - - �����, '�=��t��i�rr _ - - - - i EAST © WEST Ig SCALE:3/16•= 1'-0' 1 1 =0-11•3116•= 1'-0` I } I -- ) SET NOTES t \(/VvV•J3j\/ I/J4f�j�/\� I,N(Y LIRE OF THESE OF THE ORIGINAL AL DESIGN COPYING OR BIDDING.PERMITTING,OF THE ORIGINAL DESIGN FIXR 1 BIDDING,PERMITTING,OR CONSTRUCTION IS PROHIBITED I I I NITMOUT THE EXPRESS WRITTEN CONSENT OF THIS ROOF-1 I GLZ-2 P.STF-1 AT(E)STOREFRONT TYP. I I OFFICE. ' SCUPPER TO CISTERN ■ GLZ-2 _ ROOF-2 CLERESTORY GLAZING ' 11%. _ AWN-2 I_ I I I STF-1 Ii�l �'■�I ROOF'S,OR-1;BEYOND I I I MTL-1 =t ��=�J!—_-�= NOT FOR CONSTRUCTION AWN-2 /;_,■11-7, 1■111111Vill•MINI- - hR1 -2 - ADDITIONAL DOCUMENTS ' • � vv h i t e a divi5inn BERGER/ARA°,M Engineers Inc. NIM ),<,-( Land Use Planning•Natural Resources•Public Involvement September 26,2008 Cheryl Caines Associate Planner S E P 29 2008 City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re: MMD2008-00011 Burgerville Remodel—Project Revisions JDW Project#VAJDW-08-301 Dear Cheryl: Thank you for meeting on September 19,2008 to discuss the change in the project scope for the Burgerville Restaurant located at 12785 SW Pacific Avenue South in Tigard.As we discussed Burgerville undertook a value engineering effort that resulted in a number of changes to the project scope. In addition to some interior changes to the proposed building the following changes are proposed to the exterior of the building and site plan. • Elimination of Cistern and associated site improvements including drain and swale; • Elimination of any changes to existing wood retaining wall; • Elimination of the entry airlock;and • Additional landscape plantings(with the exception of street trees)will be limited to the areas directly affected by construction(front and rear of the building). The attached site plan(A100)and landscape plan(L201)indicate the proposed revisions. Based on your approval letter of July 1,2008,the proposed changes will not affect the applicable approval criteria for a Minor Modification.The proposed changes will reduce the square footage of the building and will not modify the number of parking spaces proposed or required.There are no changes to the percentage of the site devoted to landscaping from the original approval. Thank you for your consideration of the proposed changes.If you need additional information or have questions please contact me at 360.823.6122 or by email brian.carrico @abam.com. Sincerely, Brian Carrico Senior Planner C: Alan Armstrong Sharon Nielson Cheryl Pin 1111 Main Street • Suite 300 • Vancouver, Washington 98660 • Ph: 360.823.6100 • Fax: 360.823.6101 • www.jdwhite.com 700 NF Multnomah Street • Suite 900 • Portland. Orenon 97232 • Ph: 503.872.4100 • Fax: 503.872 4101 • LITMUS design + architecture SHEET NOTES - STAMP- 1.SEE LAMSCJIPE PLANS FOR MORE INFO. �t,0 D AIR, 1y •599 1 .7% ,,U LA AOOD n • PORTLAND.OREGON SW MACKENZIE STREET s� GQa N57°40'00'W `'OFORt - . . . . . . . . . CONSULTANT STAMP 224 1' O le IR Mx, F 1 - (r W I EL 1• 0 ACCESSIBLE ROUTE '' NEW STREET TREE vEOoos_ E , CTAmASnsla:NruREA ,�` / r 3 e ry e U- A. 11--_\ PROJECT INFO z Cr Lt NI N. ` 4 BV TIGARD i \` 12765 SW PACIFIC HWY. TIGARD OR 97223 R� � fi / — PROJECT#:BV_TIGARD - - F DRAWN BY:JLL,MLK \ \ A• SPACES TORE wE REMOVED) WITH YENicaiE EMPo4Rr TO Milb \ © / SPACES i0NREMOVEDI I RELEASE DATE F - - --- MARK _ DATE DESCRIPTION 07.03.2006 PERMIT SET 4 1 06.17.2008 REVISION /j PUCE E1PaE SIGN wIEI LOCATION OB 27.08 LV RELEASE 1 '- � �•—_ I� 2 0628.06 CABINETRY REV ./Ir ii: I... __ vExIaEHEIGHT GUARD 3 0926.08 VE REVISIONS MOUNT Ar Rf ABOVE . 3 CUSTOM ORDER OWL. �.': :.. ■ 4-48 PER RFI RFI RESPONSES 1TRASH ENCLOSURE ,. .- maimI 7� � NEW PITCHED POLE.SEE ELEVATORS FOR MORE PRO --- -TRANSFORMER 88 ... �-� �, _ MEW MENU 1100/011 gLOCAT411T+ • MI mi. r A • • • - - II 1 . - Me'TREE SEE 17 L .. , / SET NOTES VEHICLE WIGHT oLLARo MOVNTATdd ABOVE GRADE 1n 1 ANY USE OF THESE DRAWINGS INCLUDING COPVINi: I- l' OR MODIFICATION OF THE ORIGINAL DESIGN FOR J z, -_ BIDDING.PERMITTING,OR CONSTRUCTION IS PROHIBITED / WITHOUT THE EXPRESS WRITTEN CONSENT OF THIS I • • #. REMOVE IEIBDDARp - _rte _ _ _ • MI OVERNANO � WI CLIENT 1 .4 , , :1 11.RI O«' p / P 204.54' • N57°40'00'W / APPLICANT NAME.BRIAN CARRICO APPLICANT PHONE:360.023.6122 SHEET NUMBER • 1 SITE PLAN - A 100 A 1 00 SCALE.VW= 1'-0' SITE PLANS . . 1/,'. .) (# # # LITMUS I I I I I I LINEGERDDFBEYDND 1111111'.... design + architecture / ROOF-' SHEET NOTES STAMP /// P IB.TYP Ai IEI BRILN — NOTE TO MEET PLANNING -_—-- _ OFTRE REGUIREMENTS. CA THE NOPONT ,I,IC SI .{jE� I ie� Mn,= asTNE RIOT CANENONro1m 111"1!( }. max IP10'ABOYE GIVl1E (yVr}Y• (E1 BUMPoUT TO BMW —. e7�-- M META BEAT �` 0._.7 •/L I I = — 1 C n,Tr -- l_ , a OF ORtiGo 1R±I A— ,,, a. -4- 1_ '-r`- 1 - A CONSULTANT STAMP S II, - — ■--- --- --- �Z �_- �� ■ - T _ 4 , _.: __. _:.. .- .. - - 1111-1711=1111=1111-1111-1111 101 - .J A-4—B---L•2-9,—,,f_ O �� _ .- NEW ED I {—A—f—A— —A—f—A I MmEL DESIGN AMISS ADJUST WEIRS T BOM BS O O .TOREIN 0MYOMB IBBTALFOR T ROOM PEW BUNN.,Nn., PROJECT INFO SOUTH — _ -- OILER PROVIDED BTOREiVMS OWNER SCALE:3118'= 1'-0' BV TIGARD ROOF-' 12765 SW PACIFIC HWY ROOF-' \ TIGARD,OR. 97223 G12] \\\\ CLERESTORY GLAZING SEMI ■1-111. Err A, j� - v v '- v v Y ,'v,-� PROJECT N:BVTIGARD //... 1, !I 1/ 1/ 1 - - . l l I I I -----N• 1 I r7 wE OF Rocs BEYOND DRAWN BY:JLL,MLK —_ 9TFT MTL2 BIDDER DESIGN AWNING --_ 2 ���r �� - � �_= �!iff-0.TP _ — I � BIDDER DESIGN AWNING_.....„,2_....---1110121212:),..LAMA ',' c r, © - ' :- L — — --- ` Caalr T _I � RELEASE DATE ', _—_��_— MARK DATE DESCRIPTION j — 07.03200E PERMIT SET• A (E)ENCLOSURE TO PAINT MBSPITI == wrL I— - UPPER RY6 .•wooD FENCE P.,o _=Z== 1 _DE.742008 REVISION III I III 1 GUT AR _—_--- 0827.0E LV RELEASE 1 ---� 2 08.28.08 CABINETRY REV FIN ! cL23 TrP AT LOWER PAWL n 3 0925.08- VE REVISIONS m1-1m-m1 11n 1io=nn t ml_;•._.• 4-48 PER RR RFI RESPONSES IIU:; 1711iA'. "R-171-1111-1111-011-1111-11q-0 EME Z EAST 3 WEST 'A 200 SCALE'3116'= 1.4. A 20Q SCALE:WU' W V/ --- -- I SET NOTES Row I N. GL2.2ESR-I I - ?P Yr i8 1 ANY USE OF RIESE DRAWINGS INCLUDING COPYING OWNERPROVIDEO WINDOW VINYL ORDING,PERMITTING,OF THE CONSTRUCTION DESIGN PR IXZZ LINE of Rats BEYOND BIDDING,PERMITTING,OR CANSTRUCTION IS PROHIBITED 0.ERESTORY IRAZXIO BIDDER MUM AWNING WITHOUT THE E%PRESS WRITTEN CONSENT OF THIS OFFICE SRI ,�I ' I® TI 3 _ , L_ ---, _ --- --- -s= I DBMS_ _ _z_ asz�—==-z° 7;77 1..•., —s any=— —�°=i- UPPER PAWS - I ' �—=Fi C 4S =—===:SS=°fir s—a.21::: �= 5 rr -_ 1211.2 - - --=-° -%ems_s_ ---°---- =- - 'e BB•AFF i ! �—. - =--s _ =_==_ _ -- _rte====___=_===== ° GLIBTIPA I. ■ , 1 i� — — -- .l – LONER RAWL IIN—Ilesllll 1111!=1111E1111E1111=1111 1111 :1 ' I 4.–td–{–ZB–A-2b'-1`Z 9'–} :+----A—+—A--t—A B+C A S C{-0----- --A—f—A--.F •10 / SHEET NUMBER/' 4 NORTH s.GR61pfIMN6W1.Mn., © ESlll.f.NO OF STo EFRONT BURS A • ■0 0 EQBMCMELIIE ON*TOEMULLION. L A 200 SCALE:311r• V-= ELEVATIONS c esr Alikbi.- ... DEMovT,o ___,_ _.......___________„._ ���N`EGEND LITA,1„,„ PA�IVG r0geR�,�,� / ( k 0 ST C/►iteC� LV/ row e ICUT • 4v4 REAioft a i p� �/� ,RFrp�`'TQV / 'I?OTFCT V' i1,770, FREEST OqE '9p `' ' CQVSULr E ARC ANT STAMP KEYNOTES • LI t . r • © 'r • \�� O ovE �n S ey, Yl•a"•""j. d • 1 ' t . le- UT ua. e I II r0 W000.r,E Au " ,. "aillib lfr ' ���p,`\\' ���_� ��� �'�+'� SESrggM�N�Wa�;�E4Y�j�� �` +ee, °� Plai�\\:, a,,,a\a FQIoNG PRO ECT INFp av n 7278s S® , " rC,1RO,GqR�Hwr. 0 4.: ` ............ . REypygrEOBUIIOIAIC / ' Dear BV Tin._ �� ,\ AMS 411 SATE D k y RELEASE DATE • it _ §. —_ :--E":-- ' ��' SCALE:1/16.,.DEMOLITION PAN / a tl:03.E DESCRIPTION �.t4. PERMIT4. .. REy�S1gN NORT SET NOTES ------\ ;i USE OF B/o,„:4°�OIfreiZHESE ORA �ONialjE�RM/Thy TNB�N�IN�U 711ISOpFyCE/TNOUT TNEOa+'ST OE 6N Cry,„,. 0 ENE RITTEN SENT SNEETNUMBER L 0 0 7 • MATERIAL LEGEND Ltz,ITM._LITMUS 2 design +architecture ---+- EXPANSION JOINT L303 SW MACKENZIE ST SCORE JOINT L303 STAMP 1 G�ISTF�"Zt CONCRETE PAVING 4'' `Q L303 • age` • tli, _ _ -� NPA NEW PLANTING AREA ,1,`�/1 • BRIAN INO[ON oaEOON $� SLOPE TO DRAIN n'A' SLOPE TO PERCENTAGE SHOWN ��`9PE ARC~ CONSULTANT STAMP EY 0 S Oi CONCRETE PAVING v • i • r • i • d • i • a • A INNS SIII.N, LLC O CONCRETE PAVING;30'X36'SCORING PATTERN 313 RAIN AM./.3322Nn B P.ISrW,a.pan Irma //I PH eo�m.Taal Fx.I0.7Sl21IN7 1 O HYBRID PARKING ( NEW BV POLE SIGN PROJECT INFO ONEW ORDER BOARDS O O EXISTING TRASH ENCLOSURE TO REMAIN BV TIGARD W E © O NEW KEYSTONE WALL;INSTALL PER MANUFACTURER'S RECOMMENDATIONS 12785 3W PACIFIC HWY. TIGARD,OR. 8O BICYCLE PARKING 3 8 L303 1 O O 1 9O NEW CURBS•TIGARD STANDARD DETAIL N 125 L303 PROJECT 0: :AMS BV_TIGARD 12 0 , 0 o 10 ACCESSIBLE PARKING SIGNAGE 11 / ro ®, 17 ACCESSIBLE PARKING _ NPA Q ..I ..1.9_,....._ 12 VEHICLE HEIGHT GUARD-SEE ARCH RELEASE DATE NPA i;... I . 1:..� ,CP •' Cl': •• N • MARK DATE DESCRIPTION ® ® 13 TRANSFORMER-SEE ELECTRICAL •f _ 07.03.2006 PERMIT SET �• N 14 CONCRETE WHEEL STOP p• Q ♦: 0 1' 1'0• m 09.74.2009 REVISION A 0' �PA o ] } 0. i • '•• a _ 09.25.2008 VE REVISIONS O - • OW 4 15 ZERO•EXPOSURE FLUSH CURB 1 I ' 1 O RENOVATED ' ILDING GENERAL NOTES — d y 1. ACCESSIBLE PARKING STALLS SHALL NOT EXCEED 2%SLOPE IN ANY DIRECTION. ,2 0 0 0 ® SET NOTES NIIIIIIV 1.ANY USE OF THESE DRAWINGS INCLUDING:OPYNNi OR MODIFICATION OF THE ORIGINAL DESIGN FUR - - _ SIDDNG,FERMITTNO,OR CONSTRUCTION B PROHIBITED WITHOUT TIE EXPRESS WRITTEN CONSENT OF THIS OFFICE. NORTH 1 SITE MATERIALS PLAN 0 L101 SCALE:1116'=1•-O' M2 SHEET NUMBER L 101 . . , PLANTING LEGEND LITMUS design + architecture TREES 1 2 STAMP 1.302 1.302 #G`STF,R�_ SW MACKENZIE ST �O (/i — X _2-CAL. &B,BRANCHING PN RING HE HEAD TO E NRAIN TREE q 2'CAL.888,BRANCHING HEAD TO G a BRIAN NA N CERCIS CANADENSIS-EASTERN REDBUD oa/3l (U X / r CAL.B&B,BRANCHING nlNl K.___ %... I 1 EXISTING TREES TO REMAIN 0`9pE AR / CONSULTANT STAMP Ni vi • ridi • an SHRUBS AND GROUNDCOVER 3 4 a n r I a a a 1 a N. L L c L302 1.302 •13 SW Nd.•,M.mnIn.B Portland.Oregon 97205 CORNUS I `� ® I GAL CONT.,FULL PLANTS,SPACE DWARF R SHOWN N W a I a PH:Bos.2n 1939 FX 503 222_1853 III X ® LIGUSTRUM J.TEXANUM'-JAPANESE PRIVET 2 GAL.CONT.,FULL PLANTS,SPACE AS SHOWN PROJECT INFO RHODODENDRON'CHIONOIDES'-RHODODENDRON 0 21"888,FULL PLANTS,SPACE AS SHOWN I \ . ® RIBES SANGUINEUM'KING EDWARD VII-RED CURRANT BV TIGARD 12785 SW PACIFIC HWY. I 118 GAL.CONT.,FULL PLANTS,SPACE AS SHOWN TIGARD,OR. rii: O RDSA VAR.MEIKROTAL-SCARLET MEIDILAND ROSE 2 GAL. UM D FULL PLANTS,SPACE AS SHOWN VIBURNUM DAVIDII-DAVID VIBURNUM PROJECT k:BVTIGARD e—2 GAL.CONT.,FULL PLANTS,SPACE AS SHOWN DRAWN BY:AMS It Mil i ,:•:•:•:•:•: HEMEROCALLIS STELLA D'ORO-STELA D'ORO DAriILLY _•_�• 4'POTS CONT.,FULL PLANTS,24"O.C. Allk % _RUBUS PENTALOBUS-TAIWAN BRAMBLE ��a ,,��J��� ������� ■\'' ,, r POTS,FULL PLANTS,18'O.C.�.a. RELEASE DATE \\_PENNISETUM ALOPECUROIDES'HAMELN'-FOUNTAIN GRASS MARK DATE DESCRIPTION 1 1oi—:f _o_(6i !/41/ ,■��. Ill��af. .d�� 1DAL.CONT.,FULLPLANTS,24'0.C. � 07.03.2008 PERMIT SET .off =a!T/J�'a7W ����� ���� ��� 0 08.14.2008 REVISION• a!'�' ■__%.i„,,, i44•/-- :4;4 AL 09.25.2008 VE REVISIONS Ia Ti„ Ii ti et Si'r � GENERAL LANDSCAPE NOTES / , • .... v.. RENOVATED BUILDING cJ-���$ $ a. 1. CONTRACTOR SHALL PROVIDE TOPSOIL,SOIL AMENDMENTS,AND ERDSN CONTROL AS SPECIFIED. _ y V 2. ALL PLANTS SHALL BE INSTALLED IN ACCORDANCE WITH DETAILS AND SPECIFICATIONS AS PROVIDED MM�.� ��r AS PART OF THE CONSTRUCTION DOCUMENT PACKAGE.SEE SHEET L302. ■ 3. QUANTITIES ARE LISTED FOR THE CONTRACTORS CONVENIENCE ONLY ALL COUNTS MUST BE VERIFIED BY THE CONTRACTOR PRIOR TO INSTALLATION.IN THE CASE OF A DISCREPANCY BETWEEN .ET NOTES THE LEGEND AND PLAN,PLANTS INDICATED ON THE PLAN SHALL SUPERCEDE QUANTITIES LISTED IN THE LEGEND. .ANY USE OF THESE DRAWINGS INCLUDING COPYING •-MODIFICATION OF THE ORIGINAL DESIGN FOR :!DOING,PERMITTING.OR CONSTRUCTION IS 0' C'. 4. ALL PLANTS SHALL BE IRRIGATED BY A FULLY AUTOMATIC,PERMENANT,UNDERGROUND IRRIGATIO PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT SYSTEM.CONTRACTOR SHALL SUBMIT DESIGN-BUILD IRRIGATION SHOP DRAWINGS PER •r N o R r H SPECIFICATIONS AND DETAILS,AS SHOWN ON SHEET L301. OF THIS OFFICE 1 LANDSCAPE PLANTING PLAN 0 L202 SCALE:1/16"=1'-0' FT-11312 SHEET NUMBER L 202 Hap Watkins From: Hap Watkins Sent: Friday, August 27, 2010 1:31 PM To: 'jefflightheart @gmail.com' Cc: Ron Bunch; Cheryl Caines Subject: Burgerville Project- Landscaping Jeff: As I said, I wasn't the planner on this project, and she is out until September 7th. In her absence, here is how I see your continuing the landscaping. We had a plan approved 7/1/10 that included landscape plans.Those plans were further revised on September 29, 2008 and, in particular, stated "In addition to some interior changes to the proposed building the following changes are proposed to the exterior of the building and site plan...........Additional landscape plantings (with the exception of street trees)will be limited to the areas directly affected by construction (front and rear of the building) The attached site plan (A100) and landscape plan (L201) indicate the proposed revisions."These plans were accepted and made part of the review file. The revised plans were from Brian Carrico,Senior Planner,with JD White,drawn by LITMUS Design and Architecture and received by the City 9/29/10.The landscape plan sheet L202 is now the approved plan according to the direction of the applicant's agent.These plans show three 2 inch caliper Goldenrain trees and three 2 inch caliper Eastern Redbuds. Those same plans, however, also show retention of two pine trees of undetermined size. Since those trees are now removed as well as the 6 inch tree originally planned to be removed, it appears that the site has no street trees or interior lot trees. I am led to believe that the issue of trees was a significant factor in the review, as they were addressed twice by the plans. My opinion is that the LITMUS plans from 9/29/10 should be followed and the tree plantings completed. I also think it would be prudent to replace the two removed pine trees with a minimum of a second 2 inch caliper Goldenrain tree in that landscape area. You could apply for another Minor Modification, but that probably wouldn't fit your time line.Thank you for the .pdf copy of the current conditions site plan. I will make that a note to the file. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules 'City General Records Retention Schedule." 1 SW MACKENZIE STREET EXISTING ` EXISTING G / cu CURD-CUT EXISTING 'SIDE WALK 1 I I 0 Ali ■ nARCHITECTS 1 V. E I A S S O C I A T I V E I Thi / AVE,513 NE HAZEL DELL AV / SURE 102 1 VANCOUVER,WA 98665 I il 360374.7019 I 360371.8378 FAX 1 I , I I 1 I I NOTE ALL EXISTING SITE / 1 EXCEI T AS TO IlFIAIM I 1 EXCEPT AS NOTED I / 1 i / L7 I 4z 1 �� I EXISTING I ~� SIDEWALK I Q I EXISTING ASPHALT I w I PAVING REMOVED FOR / I I O Q DE W AHALT ` p�ii I I 4 ,, LAND6CAPMN \ _L Z tS1watC1EDJ 1/ i II I U \\ REGONQE7E .•.•.•.•,�.•.•.•. Y EXISTING ASPHALT CUT N. I Claim eNOyS.I \ U I/ V Q I hul 1�-1•*WADED 01 'II CO / i i if?44 i I / 0 , . 41V erewo4 0, :elk, 411.Ifh ` \ ENCLOSURE _ / ••♦'� I 1'..I W j� N.I 'N N.) M'' I . TRANSPOIrER /:.•.♦.♦.♦. 1 Exley COOLER NEW I.♦♦♦♦ADDITION I'.♦♦.�1 .♦.♦. W I O' 4 TFN CIED1 I $3 LcANDSGAP. NEW CONCRETE :♦♦♦.♦♦♦�• 1 (SHOWN MATCHED WALK ::♦:.:♦♦•� / I NEW ED OF EXISTING Ur NEW CONCRETE - ASPHALT / ilk►AVNC. ASPHALT CUT O,iO.SHIDWN ! K SHADED / C I P1lOPERTT II I d I____1 LINE 1 STCE PLAN ,1 , - - - - - - - - - - - - - - - - - - - ,I I SRE PLAN 1 Al / f _ Cheryl Caines From: Cheryl Caines Sent: Friday, March 09, 2012 8:47 AM To: Jack Mckinney Subject: RE: Tigard Burgerville Plan Review Thank you! From: Jack Mckinney jmailto:atwo @pacifier.com] Sent: Friday, March 09, 2012 8:39 AM To: Cheryl Caines Subject: Re: Tigard Burgerville Plan Review Cheryl: Sent it along and he will be in later this morning. His correct email address is as follows: Jeff @architects2.com Have a good day. Gwen A2 Original Message From: Cheryl Caines To: a2t architects2.com Sent: Friday, March 09, 2012 8:32 AM Subject: Tigard Burgerville Plan Review Hi, This message is for Jeff Lightheart. I tried sending to his e-mail at ieff @archtect2.com, but got an undeliverable message each time. Will you please pass this along? Thank you. The Burgerville TI plans have been routed for review. The comments from the Planning Division are attached. There is nothing that needs to be changed, however, the applicant does need to know that landscaping installation per a previously approved plan is required. The attachment also includes a copy of that landscape plan. This is just a heads up for Final Building Inspections/C of O. Please let me know if you have any questions. Cheryl DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e- mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules'City General Records Retention Schedule." 1 Building Permit Applicat f°��♦' f Y d Commercial / ,, FOR OFFICE USE O\1.1• City of Tigard '` , i' Y Received �. PerrotNo.. _ •. - :.tt DateB : I J�. .: 1 �l 14 • 13125 SW Hall Blvd.,Tigard,OR 97223 +%-t* Ptah Review Phone: 503.718.2439 Fax: 503.598.1960 ..{{ }r ':r'-'`,,,,,-.,."''.s. DateBy: Other Permit: TIGARD Inspection Line: 503.639.4175 v,<i .�`1 r\;' .. Date Ready By. rare. ® See Page 2 for Internet www.tigard-or.eov �;i° y' Notified':'vlethod 1l� Supplemental Information TYPE OF WORK REQUIRED DATA:1-AND 2-FAMILY DWELLING 1 ❑New construction I ❑Demolition Permit fees*are based on the value of the work performed. Indicate the value(rounded to the newest dollar)of all ❑Addition/alteration/replacement , ®Other:TI equipment,materials,labor.overhead,and the profit for the CATEGORY OF CONSTRUCTION work indicated on this application. Valuation: $ ❑ I-and 2-family dwelling ®Commercial/industrial ❑Accessory building ❑Multi-family Number of bedrooms: 0 Master builder ❑Other: Number of bathrooms: �7 ' SITE INFORMATION AND LOCATION Total number of floors: Job site addressy�,'I63S3 W'Pacific Highway New dwelling area: square feet City/StateiZ1P:Tigard,Oregon Garage;carport area: square feet Suite/bldg/apt.no.: Project name:Burgerville Covered porch area: square feet Cross street/directions to job site:SW Pacific Highway&SW Mackenzie Street Deck area: square feet Other structure area: square feet REQUIRED DATA:COMMERCIAL-USE CHECKLIST Subdivision: Lot no.: Permit fees*are based on the value of the work performed. Indicate the value(rounded to the newest dollar)of all Tax map/parcel no.: equipment,materials,labor,overhead,and the profit for the DESCRIPTION OF WORK work indicated on this application. Interior build-out of approx.2,792 SF to complete interior into sit-down Valuation: $5300,000.00 restaurant.Interior spaces to include restrooms,kitchen,office,service area Existing building area: 2,792 square feet and dining room. New building area: 2,792 square feet 0 PROPERTY OWNER R ® TENANT Number of stories: One Name:The Holland,Inc. Type of construction: 58 Address: 109 West 17th Street Occupancy groups: City/State/ZIP:Vancouver,Washington 98660 Existing: B Phone:( ) Fax:( ) New: B ® APPLICANT ® CONTACT PERSON BUILDING PERMIT FEES* (Please refer lofee schedule) Business name:Architects Associative Structural plan review fee(or deposit): Contact name:Jeff Lightheart FLS plan review fee(if applicable): Address:8513 NE Hazel Dell Avenue,Suite 102 Total fees due upon application: City/State/ZIP:Vancouver,Washington 98665 Phone:(360)574-7019 I Fax::(360)574-8378 Amount received: E-mail:jeff�?architect2.com PHOTOVOLTAIC SOLAR PANEL SYSTEM FEES* Commercial and residential prescriptive installation of CONTRACTOR roof-top mounted PhotoVoltaic Solar Panel System. Business name:RSV Building Solutions,Inc. Submit two(2)sets of roof plan with connection details and fire department access,along with the 2010 Oregon Address: 1115 Esther Street Solar Installation Specialty Code checklist. Permit fee(includes plan review City'State/ZIP:Vancouver,Washington 98660 5180.00 and administrative fees): Phone:(360)693-8830 Fax:(360)693-8910 State surcharge(12%of permit fee): 521.60 CCB lie.:RSV COl i a p q Total fee due upon application: S201.60 Authorized signature: �_ t This permit application expires if a permit is not obtained• (/1 within 180 days after it has been accepted as complete. Print name:Jeff Li htheart Date:3-2 2012 11 * Fee methodology set by Tri-County Building Industry Service Board. 1:1Building\Permits\BU -C PerrnitApp.doc 02/24/2011 440-4613T(11/02/COIvt/WEB) 11111 ■ ' Building Division Development Code Provision Review T I G A A D Commercial Projects - No Associated Land Use Case Building Permit No: g_i,P i)---c (::`-1 b ❑ Expedited Review Plan Submittal Date: yAkz To the Applicant: 1 Y If the proposed use is not permitted within the zone,please contact the Building Division to cancel the permit application. Building Permit Technicians (503) 718-2439. Y If a land use is required and for all other questions,please contact the staff person listed above the Planning Review section. Staff: please check items along left only if approved. Planning Review (contact l'hCwt 1 Ca c4c S at 503-718-R01 or @tigard-or.gov) tyi Zoning C- C7 Permitted Use Yes pi No ❑ 0 Land Use Required: Yes ❑ No Al (explain below) Notes: MAD aO0B - C700 ti r7.PQ rout c1 ■oa i— c.a-\-io . s - -1i-. - s;4c . -"Mis plan. va'14tA. set-wife," „ako c--ta at -e"4-.1 is s(i q k 4.11 cl;- r-e••+ . 11 hew sump. { :t( r<p+ 1,e re it,.:.-r d 4 b k f .e- p ro J ecl- 1 a 4-sca_e'r.1.1 rNt.t&S - o be_ • As4N!d . Sec a 1{-a c k ct pi o _ l..o.--1..)cc p;..5 u..): ( {®e t A See C•4 cl e.-i +, $c, ; f d; ill RAC'. C>f Approved ❑ Not Approved Date: 3 -8 - 1., Permit Coordinator Review (contact Albert Shields at 503-718-2426 or albert @tigard-or.gov) Notes: Routed back to Building Division Date: I:\CURPIN . . . . . .. LITMUS PLANTING LEGEND design+architecture TREES STAMP SW ISTF.�pr, C ST KOELREUTERLA PANKC%ATA•GOLDENRAIN TREE `o 1 a 001 r CAL.BIB,BRANCHING.HEAD TO! At) _ y 1 1 CERCIS CANADENSIS-EASTERN REDBUD vL v 4, 7 CAL B&B,BRANCHING IV3•t I E Ag i t EXISTING TREES TO REMAIN / \ / CONSULTANT STAMP SHRUBS AND GRaII�CDVER ®e v • i •r • i• d •i • a • n ■r r I •t•I••. L L v •OW New,MHSiw• Periwig Op:.VIM I ® t CONT FULL PLANTS,SPACE AS SHOWN•• ••• PH:p7.72t.1 W PKy0122_11.53 o UGUSTRUMJ.'TEXANUAC-JAPANESE PRIVET ��2 GAL CONT,FULL PLANTS,SPACE AS SHOWN PROJECT INFO OOEP RON NOIDES'-RHODODENDRON / AM i® 21'BIB,FULL PLANTS,FPACE AS SHOWN --RIBES SANGU INEUM XING EDWARD VII'-RED CURRANT BV TIGARD ® 12785 SW PACIFIC HWY. 1 GAL.CONT.,FULL PLANTS,SPACE AS SHOWN TiOARD,OR rq ROSA VAR.ME NROTAL-SCARLET MEIDLAND ROSE 2 GAL COLT,FULL PLANTS,SPACE AS SHOWN O VIBURNUM DAMN-��V PROJECT X:BV_TIGARD 2 GAL.CONT,FULL PLANTS,SPACE AS SHOWN DRAWN BY:AMS I •,.e * HE EROCALUS STELLA D'ORO-STELA D`ORD DAY'JLLY //f :_�•-�_�: 4'POTS CONT,FULL PLANTS,24'0.0. ji '� % _RUBUSPENTALOBUS-TMNANBRAhBLE f \`�� .' I%2;7402 a \j' .•• /,l 4•POTS,FLLl PLANTS,le'0.0. RELEASE DATE 1.-r�!.;G.�../ �IH, _ �� `%:•�•�•�� \\-PENNISETUMALOPECLkt01DES4iAA10.N-FOUNTAINC,TLASS MARK DATE DESCrt1P7AOrr �l�al■; �_ . • •`N, 1 GAL CONT.,FULL PLANTS,24"O.C. 07.031008 PERMIT SET lam`_?l •a.=Tfi. wt �� I . 1 p `��•�. v 08.14200• REVISION �trtV� ....711,1111' ���d _ 4'!J`� -- ice:..i... `'N row/ 'r•� :�•:• t► C0.25.2008 VS REVISIONS NI i ll(tc�b.�ll/ r. .11'ill a I _ �. GENERAL LANDSCAPE NOTES / RENOVATED BUILDING I,,.�. v - �,•� 3 1. CONTRACTOR SHALL PROVIDE TOPSOIL,SOL AMENDMENTS,AND EROSION CONTROL AS SPECIFIED. _____._. a+� 2. ALL PLANTS SHALL BE INSTALLED IN ACCORDANCE WM1 DETAILS AND SPECIFICATIONS AS PROVIDES �� AS PART OF THE CONSTRUCTION DOCUMENT PACKAGE.SEE SHEET L302. 3. QUANTITIES ARE LISTED FOR THE CONTRACTORS CONVENIENCE ONLY.ALL COUNTS MUST BE VERIFIED BY THE CONTRACTOR PRIOR TO INSTALLATION.IN THE CASE OF A DISCREPANCY BETWEBN . NOTES .NNY THE LEGEND AND PLAN,PLANTS INDICATED ON THE PLAN SHALL SUPERCEDE QUANTITIES LISTED IN LEGEND. USE OF THESE DRAWN=INCLUDING COPYING • MOONC ATOM OF THE ORIGINAL OESI•I FOR PERWTTMIO,OR CONSTRUCTION IS - - • a 4. ALL PLANTS SHALL BE IRRIGATED BY A FULLY AUTOMATIC,PERMENANT,UNDERGROUND WRIGA .. PROlnriHo wmoUT1HE cams WORYEN COMMIT SYSTEM.CONTRACTOR SHALL SUBMIT DESIGN-BUILD IRRIGATION TION SHOP DRAWINGS PER OF THIS OFFICE. NORTH SPECIFICATIONS AND DETAILS,AS SHOWN ON SHEET L301. till 1 LANDSCAPE PLANTING PLAN 2 L202 SCALE:Mir.rW SHEET NUMBER L 202