MMD2006-10001 S�IVO OISSVIO
L�IOd3DUI�ffI
T000T 90030V'JV1
April 17,2006
William Roger Cooper CITY OF TIGARD
12285 SW Kelly Lane
Tigard, OR 97224 OREGON
RE: Cooper Minor Modification MMD2006-10001
Dear Mr. Cooper:
This letter is in response to your request for a Minor Modification(IvEOD2006-10001) at 14529 SW 72nd Avenue,
WCTM 2S 112AC,Tax Lots 00100 and 00101. You have requested to o modify the use of the site,from wholesale
sales to motor vehicle car sales,to accommodate your classic car retail business dba Bridgeport Classic Cars,Inc.).
The proposed use is permitted in an I-L zone. No exterior changes to the building are proposed, other than
constructing a roll-up door on the side of the building. The submitted site plan reflects the current and proposed
conditions.
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 development. Therefore,this criterion does not apply.
2. A change in the ratio or number of different types of dwelling units. The proposal does not
involve residential development. Therefore,this criterion does not apply.
3. A change that requires additional on-site parking in accordance with Chapter 18.765. The
subject property is located in Parking Zone B. Table 18.765.2 states that the required minimum
number of motor vehicle parking spaces for a car retailer in Parking Zone B is 2.0 per 1000 square
feet. The required number of parking spaces for the 3,600 square foot building is 7.2. The site plan
shows 8 parking spaces on the site, which satisfies the minimum standard. No additional parking is
necessary; however, the applicant stated that the existing parking spaces are not clearly marked.
Therefore, the existing parking spaces must be clearly marked and in compliance with section
18.765.040 of the code.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code. The site was previously used by a wholesale sales business, an industrial use. The
proposed use of the site is for a motor vehicle sales business, a commercial use. Both uses are in the
same occupancy group (Mercantile Group M) in the Oregon Structural Specialty Code. Therefore,
the proposed modification does not cause a change in the type of commercial or industrial structure
on the site.
5. An increase in the height of the building(s) by more than 20 percent. The applicant has not
proposed to increase the height of the building. Therefore,this critenon does not apply.
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected. The proposal does not include changes to the access points, driveway aisles, or
location of parking. Therefore,this criterion does not apply.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
7. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day.
A traffic study by Lancaster Engineering shows that the proposed modification would generate less
traffic than the previous use, comparing trips generated per day by a building materials and lumber
store to those of a new car sales business. In addition, the study estimates that the trip generation
rates of the actual proposed business will most likely be less than those used in the study. The
engineer also notes that the proposed business plans to primarily sell cars using the Internet.
Therefore,there is no expected increase in traffic from the site.
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 proposed modification does not include an
increase in floor area.Therefore,this criterion does not apply.
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. The proposal does not include changes to existing
landscaping. Therefore,this criterion 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. The proposal does not include changes to existing landscaping.
Therefore,this criterion does not apply.
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. There have not been
any previous conditions of approval for the use of this site. Therefore,this criterion does not apply.
THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO
THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR
BUILDING PERMIT APPLICATION.
CONDITION OF APPROVAL
THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO ISSUANCE OF SITE
AND/OR BUILDING PERMITS:
The applicant shall address the requested materials to the CURRENT PLANNING DIVISION,
ATTN: EMILY ENG,Tigard City Hall, 13125 SW Hall Blvd,Tigard,OR 97223.
1. The applicant shall submit a revised site plan showing the dimensions of the improved parking spaces
(in accordance with section 18.765.040 o}the code) and indicating that the parking spaces are clearly
marked.
This request is determined to be a minor modification to an approved site development plan. The Director's
designee has determined that the pro posed minor modification of this existing plan will continue to promote the
general welfare of the City and wilt not be significantly detrimental, nor injurious to surrounding properties
provided that, development which occurs after this decision complies with all applicable local, state, and federal
laws.
If you need additional information or have any questions,please feel free to call me at (503) 718-2172 or stop by
the Planning office at City Hall, 13125 SW Hall Blvd,Tigard,OR 97223.
Sincerely,
Emily rig
Assistant Planner
Page 2 of 2
APPLICANT
MATERIALS
At MINOR MODIFICATION
iii, TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX:(503) 684-7297
GENERAL INFORMATION
Propgrty Address/Location(s): I S)ci 5W T ) 11110
Tax Map&Tax Lot#(s): aS t‘ tXC 0 10 .14 FOR STAFF USE ONLY
as111 ACOW L% ..26
Site Size: Case No.(s):M MD 2av6-/voO/
Applicant*: J3. ;t[,ttni KeJ E f- Cci6E f- Jt_ Other Case No.(s):
Address: kale S SLt3 kkll-t (--y ) Receipt No.:
City/State: ---jrG Alm t Zip: 97a�3 Application Accepted By: l -
Primary Contact: 1Q c& Coc QE tL 3/L./06,
Date:
Phone: V\ 5p3 59 a `ict C 3c3$67!;411 Fax:
1
Property Owner/Deed Haider sr: (Attach list if more than one) Date Determined Complete: 3 rid b6
.,,,A.uS J . (1onppvl``_l1`('
Address:p15`l t6 1� & e_ecc,t� ld Phone: �-,a(- 7/� Rev.7/1/05 i:lcurpin\masterslrevi dlminormod.mst
City/State: PorMk t. e- q'1a.31 Zip: q rD-R1--t4)-3
When the owner and the applicant are different people, the applicant must REQUIRED SUBMITTAL ELEMENTS
be the purchaser of record or a lessee in possession with written (Note: applications will not be accepted
authorization from the owner or an agent of the owner. The owner(s) must with ut the required submittal elements)
sigh this application in the space provided on the back of this form or submit a
written authorization with this application.
j'_t= Application Form
PROPOSAL SUMMARY
The owners of record of the subject property request permission for a Minor VOwner's Signature/Written Authorization
Modification. To review a modification as a Minor Modification, the Director Title Transfer Instrument or Deed
must first find that the expansion does not invoke one or more of the 11
criteria discussed within Section 18.360.050(B) of the Tigard Development Site Development Plan (3 copies)
Code. If the modification exceeds the maximum allowed under any one
or more of the following criteria,a Major Modification review is required. 1' Site/Plot Plan (reduced 8%i'x 11")
Major Modifications are processed in the same manner as a new Site �/
Development Review. In a separate letter, please address the criteria below `W Applicant's Statement(3 copies)
contained in Section 18.360.050(B) including a detailed response to each (Addressing Criteria Under Section 18.360.050(B)
criteria.
Filing Fee $545.00
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. Jurisdiction: ACity ❑ Urb
3. A change that requires additional on-site parking in accordance with Chapter
18.765. In addition, the Director must find that the
4. A change in the type of commercial or industrial structures as defined by the proposed change complies with the underlying
Uniform Building Code. standards of the applicable zoning district. To
5. An increase in the height of the building(s) by more than 20%. complete this review, the Applicant's proposal
6. A change in the type and location of accessways and parking areas where off-site must include a discussion indicating how the
traffic would be affected. site expansion will continue to comply with the
7. An increase in vehicular traffic to and from the site and increase can be expected minimum setback, building height, parking
to exceed 100 vehicles per day. land landscaping standards. Other applicable
8. An increase in the floor area proposed for a non-residential use by more than 10% requirements such as minimum Clear Vision
excluding expansions under 5,000 square feet. areas near driveways and street intersections
9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where
space that reduces the open space area below the minimum required by this code the building expansion is proposed to be
or reduces the open space area by more than ten percent. constructed on the site.
10. A reduction of project amenities (recreational facilities, screening, and/or,
landscaping provisions) below the minimum established by this code or by more
than 10%where specified in the site plan.
11. A modification to the conditions imposed at the time of Site Development Review
approval that are not the subject of Criteria 1 through 10 above.
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
1-rePriletd--- Imam/
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
ACITY OF TIGARD RECEIPT
DEVELOPMENT SERVICES RECEIPT DATE: .31y _ _
�' ; .'ii 13125 SW Hall Blvd.,Tigard, OR 97223 JURISDICTION.: -1714,,_.:1-
r14,_.:
503-639-4171 www.tigard-or.gov CASHIER DATE:
CASHIER RECEIPT#:
LINE ITEMS:
Case No. Fee Description ` Revenue Acct. No. Amount Due
!
t4('t0l..sz4- i°- i ` µttor &Ito L jus. I -- 4 / 7s
M D 2( L..-ic,•'�I L/'t-t- __ I 70
E
Total Due: $ S LiS "Y-
❑ SEE ATTACHED FEE SCHEDULE.
PAYMENTS:
Payer: i (4) . J ,. c-r G c op r-,-- -
Method ! Initials ! Check.No. . Confirm No. Amount Paid
Total Paid: $ 5 V S
I:1 Building\Forms\ManualPermitForms\ManualReceipt.doc 03/01/063/14/2006
La
w°`"'"gt"°°may'°r`9°" 2002-032125
03/10/2002 03:15:13 PM
After Recording Return to: o-01k Cnt•i ltn•21 Racoaosl
Mail Tax Statements to: t+a OO 611.00 t++.00 -TotN•sn.�
Thomas J. Donnelly II lll�1 II
2086 Canemah St. `l,II 11Il I t1 U
�Illillll�
�� �IBI
West Linn,OR 97068 0006941920020032 260030039
I,J.rry Hanlon,Director of Aaanament and Timber
and ExOf lcte County Clerk for Washington County, ..4v,
do hereby sentry that the within Instrument of wMting • •{••_
was received and r.cordedIn Die bogMOfreo eras of „ r �w�•.'��
said county.
V •
J.ny R Henson,Dl recto r =ern enl and Taxation,
Ea-ORIM,County Clerk
SPECIAL WARRANTY DEED
Phyllis Irene Whitlatch,trustee of the Revocable Living Trust of Phyllis Irene Whitlatch,grantor,conveys and
specially warrants to Thomas J.Donnelly,grantee,all the real property situated in Washington County,State of Oregon,
described as:
See attached Exhibit A
and covenants that it is free from encumbrances created or suffered by grantor except as specifically set forth herein,and that
grantor will warrant and defend the same against all persons who may lawfully claim by,through or under grantor.
THIS DEED IS GIVEN IN FULFILLMENT OF REAL ESTATE CONTRACT RECORDED JULY 3,1996 AS FEE
NO 96060428 AND IS SUBJECT TO ALL ENCUMBRANCES OF PARAGRAPH 11 OF SAID CONTRACT.
THLS DEED IS BEING RECORDED TO CORRECT VESTING FROM PREVIOUSLY RECORDED DEED
UNDER FEE NO 2001089963.
The true and actual consideration for the transfer is$225,000.00.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFIND IN ORS
30.930.
Phyllisltrene Whitlatch,trustee of the Revocable Living Trust of Phyllis Irene Whitlatch
STATE OF NEVADA )
tS�A l� )ss:
l
County of �
On this day of ,2002.personally appeared Phyllis Irene Whitlatch,trustee of the Revocable
Living Trust of Phyllis Irene Whitlatch and acknowledged the foregoing instrument to be her free and voluntary act.
bi pt
NOTARY PUBLIC fore me: uT
• • STATE OF NEVADA
al Clark
Notary Public for Nevada t j(�
`!�'—'r County par, My Commission Expires: Il�
�.::.:r �APPt, Ettplle5 I
—Np. 57167_1M June 14,
TO 39tid Wd Nf15 T8L6-79-E0S 0Z:6i 900Z/Z0/E0
111111011101111 11111
Exhibit A 2092-32125
PARCEL I:
Beginning at a point 20 chains South of North line of Section 12,Township 2 South,Range 1
West of the Willamette Meridian, Washington County,Oregon,and 19.95 chains West of the
East line of said Section;said point of beginning being the Northeast corner of G.W. Cassaday's
20 acre tract;thence Westerly parallel with the Northern line of said section,4 rods;thence
Southerly and parallel with the East line of said section, 9 rods and 10 1/2 feet;thence
Southeasterly to a point on the East line of G.W. Cassaday's 20 acre tract 10 rods and 6 feet
from the beginning point above described; thence Northerly on the East line of said tract 10 rods
and 6 feet to the place of beginning.
PARCEL II:
Beginning at a point 66 feet West and 10 feet South of the Northeast corner'of the Southwest
quarter of the Northeast quarter of Section 12,Township 2 South,Range 1 West of the
Willamette Meridian; said point being on the South line of County Road No. 736;thence West
along the South line of said County Road No. 736, 100 feet;thence South at right angles to said
County Road 100 feet;thence East parallel with the South line of said road 100 feet; thence
North 100 feet to the place of beginning.
EXCEPTING THEREFROM THE FOLLOWING PARCELS:
PARCEL A:
A tract of land located in the Northeast one-quarter of Section 12,Township 2 South,Range 1
West,Willamette Meridian, City of Tigard,Washington County, Oregon,described as follows:
Beginning at the Northwest corner of that property deeded to Louis Whitlatch, Sr. and Phyllis I.
Whitlatch in Fee No. 81018910 of the Washington County Deed Records said point being 20.00
feet south of the centerline, when measured at right angles,of Bonita Road;thence S 00° 35'07"
W, along the easterly line of said deed, a distance of 17.50 feet to a point which is 37.50 feet
from the centerline of Bonita Road when measured at right angles; thence S 89°24'53"E,
parallel with and 37.50 feet from the centerline of Bonita Road, a distance of 8.91 feet to a point
of curve of curve to the Right; thence along said curve with a radius of 37.36 feet,a delta of 40°
06'25" (a chord which bears S 69°20'59"E,25.62 feet)a distance of 26.15 to a point of non-
tangency; thence S 37°00' 12"East a distance of 22.93 feet; thence S 15°40'E a distance of
28.62 feet to a point which is 30.00 feet from the centerline of S.W. 72°"Avenue(when
measured at right angels); thence S 01° 23'37"W, parallel with and 30.00 feet of said centerline,
a distance of 96.00 feet to the southerly line of said deed;thence S 72°20'06"E, along the
southerly line of said deed,a distance of 10.42 feet to the west right-of-way of S.W. 72°°Avenue
20.00 feet from the center line(when measured at right angels);thence N 01°23'37"E,along
said west right-of-way,a distance of 120.29 feet to a point of curve of a curve to the left; thence
along said curve with a radius of 50.00 feet,a delta of 90°48'30"(a chord which bears N 45° 10'
52" W. 71.21)a distance of 79.24 feet to a point of the south right-of-way of Bonita Road 20.00
ZO 39Vd Wd Nf1S T8L6-TZ9-E05 0Z:6T 9002/ZO/E0
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20.02-32125
feet from centerline(when measured at right angels); thence N 89° 24' 53" W,along said
southerly right-of-way, a distance of 15.40 feet to the point of beginning.
Containing 2485 square feet.
FURTHER EXCEPTING:
PARCEL B:
A tract of land located in the Northeast one-quarter of Section 12 Township 2 South,Range 1
West, Willamette Meridian, City of Tigard, Washington County, Oregon, described as follows:
Beginning at the Northeast corner of that property deeded t Louis Whitlatch, Sr. and Phyllis I.
Whitlatch in Fee No. 81018910 of the Washington County Deed Records, said point being 20.00
feet south of the centerline, when measured at right angles,of Bonita Road; thence S 00° 35'07"
W, along the easterly line of said deed,a distance of 17.50 feet to a point which is 37.50 feet
from the centerline of Bonita Road when measured at right angles; thence N 89° 24' 53" W,
parallel with and 37.50 feet from the centerline of Bonita Road, a distance of 100.00 feet to the
West line of said deed; thence N 00° 35'07" E,along said easterly line, a distance of 17.50 feet
to the northwest corner of said deed and tho south right-of-way of Bonita Road; thence S 89° 24'
53" E, along said south right-of-way and the north line of said deed,a distance of 100.00 feet to
the point of beginning.
Containing 1750 square feet.
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Business Modification Statement to the City of Tigard
The owner of Northwest Staple and the real property, Thomas
Donnelly, will be leasing the land and building to William Roger
Cooper Jr. dba as Bridgeport Classic Cars Inc.
The new business will operate as a classic car retailer. The inventory
of this business will be kept indoors. This business will be operating
as a retail dealer only.
The company will do no service or repair work at this site. There will
be no major changes to the existing structure.
Section
18.360 050
1 An increase
2.
residential development.d�'elling unit
residn t i in th nzt density or
3, change units ratio or number No 1r�ereasel°t coverage
accordance that re No change
of different in ettherg for
spaces dance with quires additional apes of
4• change already 18.765.al Efficient
by th ge �n the y provide f�el parking in
n?a e uniform Building d• be
S de. uYld•ofc°nlnler number of
' �n increase Ing code No C or industrial ar
6
percent. No 1n the height Changes are as dunes
.Zsw An increase
in the the increase. t ofthe build' to n
• her e off-site rng by more
ex icrease in a:;:zaYs than 2� �ieed to etra f ld be nd
use creasc c t No parking
square more than 1 floor area vehicles per day n' the site c Change.
feet. No increase.
excluding forty°• n be
cease• ng expansionsnOn'residen .
9. A reduction ' under non-residential
below
and/or useable the area reserved der 5000
open the minimpen spat; for tom
space area um requirehat reduces mOn open s
1 o, by more than d by this cod e open space
established reduction o 1 O%. No e °r reduces the
area
jshed b of reduction• the
specified In the this code or amenities b
11, e site plan. N 3'more than the n1in.
site development cation t
° reduction.
1 000 where
nnurn
0 ° the •
above No pment review e condition imposed that are notsubject oatt
object toCrh1stimeof
Criteria 1-10
COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement ("Lease") is made and effective March 16th, 2006, by and between Sun
Property Management, LLC("Landlord"),and William Roger Cooper Jr.("Tenant").
Landlord leases to Tenants the following described property on the terms and conditions stated below:
14529 SW 72nd Ave,Tigard,OR 97224(the "Leased Premises").
1. Term.
A. The term of this lease is month-to-month, and shall commence March 16th, 2006 and ending March 31st,
2007. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease
term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant
shall make no other claim against Landlord for any such delay.
B. Option to renew.Tenants shall have the option to renew this lease for two successive terms of 1 year. The
terms and conditions of the lease for the renewal term shall be identical with the original term except for term and rent.
Term shall be changed to 1 year lease. Rent shall reflect the percentage of change, if any, in the Consumer Price Index,
All Urban Consumers, for the Portland area. Tenant shall exercise such renewal option, if at all, by giving written
notice to Landlord not less than forty five(45)days prior to the expiration of the Initial Term.
2. Rent. Tenants shall pay to Landlord as basic rent the sum of$2,800.00 per month. Rent shall be payable on
the 1st day of each month in advance at such place as may be designated by Landlord.The rental payment amount for
any partial calendar months included in the lease term shall be prorated on a daily basis. Tenant shall also pay as
additional rent property taxes and a standard fire insurance policy,as stated in section 7 and 8 A.Tenant shall also pay
to Landlord a Security Deposit in the amount of$0.
3. Use
A. Permitted Use. The Leased Premises may be used and occupied by Tenant for automobile sales and auto
parts sales and for no other purpose without the consent of Landlord.
B. Restrictions on Use. In connection with uses of the premises Tenants shall:
(a) Conform to all applicable laws and regulations of any public authority affecting the premises and the
use and correct at Tenants'own expense any failure of compliance created through Tenants fault or by reason of
Tenants'use,but Tenants shall not be required to make any structural changes to effect such compliance.
(b) Refrain from any activity which would make it impossible to insure the premises against casualty or
would increase the insurance rate.
(c) Refrain from any use which would be reasonably offensive to owners or uses of neighboring premises
or which would tend to create a nuisance or damage the reputation of the premises.
(d) Refrain from loading the floors beyond the point considered safe by a competent engineer or architect
selected by Landlord.
4. Sublease and Assignment. No part of the leased property may be assigned,or subleased, nor may a right of
use of any portion of the property be conferred on any third person by any other means by Tenants, without the prior
written consent of Landlord.This provision shall apply to all transfers by operation of law.No consent in one instance
shall prevent the provisions from applying to a subsequent instance. Landlord shall consent to a transaction covered
by this provision when withholding such consent would be unreasonable in the circumstances.
5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased
Premises. Repairs shall include such items as routine repairs of floors; walls,ceilings, and other parts of the Leased
Premises damaged or worn through normal occupancy,except for major mechanical systems or the roof,subject to the
obligations of the parties otherwise set forth in this Lease.
If either party fails or refuses to make repairs which are required by this Section, the other party may make the
repairs and charge the actual costs of repairs to the first party. Such expenditures by Landlord shall be reimbursed by
Tenants on demand together with interest at the rate of 7%per annum from the date of expenditure by Landlord. Such
expenditures by Tenants may be deducted from rent and other payments subsequently becoming due or, at Tenants'
election, collected directly from Landlord. Except in an emergency creating an immediate risk of personal injury or
property damage, neither party may perform repairs which are the obligation of the other party and charge the other
party for the resulting expense unless at least 30 days before work is commenced the defaulting party is given notice
in writing outlining with reasonable particularity the repairs required, and such party fails within that time to initiate
such repairs in good faith.
6. Alterations and Improvements. Tenants shall make no improvements or alterations on the leased premises
of any kind without first obtaining Landlord's written consent.
The improvements and alterations delineated on the work sheet attached to and made a part of this lease shall be
performed by the party designated and within the time stated in the work sheet. All improvements and alterations
performed on the leased premises by either Landlord or Tenants shall be the property of Landlord when installed
unless the applicable Landlord's consent or work sheet specifically provides otherwise.
WORK SHEET(Attached)
All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by
Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter,
shall remain Tenant's property free and clear of any claim by Landlord.Tenant shall have the right to remove the same
at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal
shall be repaired by Tenant at Tenant's expense.
7. Property Taxes. Tenants will pay as additional rent all real property taxes,and assessments.Landlord shall
produce an estimated monthly amount equal to the real property taxes and assessments, as imposed by Washington
County Oregon. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal
property at the Leased Premises.
8. Insurance.
A. Insurance required. Tenant will pay as additional rent for a Landlord obtained standard fire and loss
insurance policy for the leased building and other improvements. Tenant shall be responsible, at its expense, for fire
and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the
Leased Premises.
B. Liability insurance. Tenant shall, at its own expense, maintain a policy or policies of comprehensive
general liability insurance with respect to the respective activities of each in the Building with the premiums thereon
fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such
insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury,
property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or
policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of
Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's
insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expiration. Landlord shall
not be required to maintain insurance against thefts within the Leased Premises or the Building.
C. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from
any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or
abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by
insurance.
2
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9. Utilities. Tenant shall pay all charges for water, sewer, gas,electricity, garbage and recycling,telephone and
other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise
expressly agreed in writing by Landlord.
10. Late Fee. Any rent or other payment required of Tenants by this lease shall, if not paid within 10 days
after it is due,result in a late fee charge of$75.
11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same,
provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises.
12. Quiet Enjoyment. Landlord covenants and warrants that upon performance by Tenant of its obligations
hereunder, Landlord will keep and maintain Tenant in exclusive, quiet,peaceable and undisturbed and uninterrupted
possession of the Leased Premises during the term of this Lease.
13. Landlord's Interference with Tenants. Any repairs,replacements, alterations, or other work
performed on or around the lease premises by Landlord shall be done in such a way as to interfere as little as
reasonably possible with use of the premises by Tenants. Tenants shall have no right to an abatement of rent
nor any claim against Landlord for any inconvenience or disturbance resulting from Landlord's activities
performed in conformance with the requirement of this provision.
14. Damage and Destruction.
A. Partial Damage. If the leased premises are partly damaged and paragraph B below does not apply, the
property shall be repaired by Landlord. Repairs shall be accomplished with all reasonable dispatch subject to
interruptions and delays from labor disputes and matters beyond the control of Landlord, and shall be performed in
accordance with the provisions of section13 above.
B. Destruction. If the leased premises are destroyed or damaged such that the cost of repair exceeds 40 percent
of the value of the structure before the damage, either party may elect to terminate the lease as of the date of the
damage or destruction by notice given to the other in writing not more than 45 days following the date of damage. In
such event all rights and obligations of the parties shall cease as of the date of termination, and Tenants shall be
entitled to the reimbursement of any prepaid amounts paid by Tenants and attributable to the anticipated term. If
neither party elects to terminate, landlord shall proceed to restore the leased premises to substantially the same form as
prior to the damage or destruction. Work shall he commenced as soon as reasonably possible and thereafter shall
proceed without interruption except for work stoppages on account of labor disputes and matters not under control of
Landlord.
C. Rent Abatement. Rent shall be abated during the repair of any damage to the extent the premises are
untenantable [except that there shall be no rent abatement where the damage occurred as the result of the fault of
Tenants].
15. Default. The following shall be events of default:
A. Default in Rent. Failure of Tenants to pay any rent or other charge within 7 days after it is due.
B. Default in Other Covenants. Failure of Tenants to comply with any term or condition or fulfill any
obligation of the lease (other than the payment of rent)within 20 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 completely
remedied within the 20-day period, this provision shall be complied with if Tenants begin correction of the default
within the 20-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as
soon as practicable.
C. Insolvency. Insolvency of Tenants; an assignment by Tenants for the benefit of creditors; the filing by
Tenants of a voluntary petition in bankruptcy; an adjudication that Tenants are bankrupt or the appointment of a
3
1
receiver of the properties of Tenants; the filing of any involuntary petition of bankruptcy and failure of Tenants to
secure a dismissal of the petition with 30 days after filing; attachment of or the levying of execution on the leasehold
interest and failure of Tenants to secure discharge of the attachment or release of the levy of execution within 10 days.
If Tenants consist of two or more individuals or business entities,the events of default specified in this paragraph shall
apply to each individual unless within 10 days after an event of default occurs the remaining individuals produce
evidence satisfactory to Landlord that they have unconditionally acquired the interest of the one causing the default. If
the lease has been assigned, the events of default so specified shall apply only with respect to the one then exercising
the rights of Tenants under the lease.
D. Abandonment. Failure of Tenants for 20 days or more to occupy the property for one or more of the
purposes permitted under this lease unless such failure is excused under other provisions of this case shall be an
abandonment of the property.
16. Landlord's Right to Cure Default. If Tenants fail to perform any obligation under this lease, Landlord
shall have the option to do so after 30 days' written notice to Tenants. All of Landlord's expenditures to correct the
default shall be reimbursed by Tenants on demand with interest at the rate of 7 percent per annum from the date of
expenditure by Landlord.
17. Remedies on Default
A. Termination. In the event of a default the lease may be terminated at the option of Landlord by notice in
writing to Tenants. If the lease is not terminated by election of Landlord or otherwise, Landlord shall be entitled to
recover damages from Tenants for the default. If the lease is terminated, Tenants' liability to Landlord for damages
shall survive such termination, and Landlord may reenter,take possession of the premises, and remove any persons or
property by legal action or by self-help with the use of reasonable force and without liability for damages.
B. Reletting. Following reentry or abandonment, Landlord may relet the premises and in that connection may
make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but
Landlord shall not be required to relet for any use or purpose other than specified in the lease or which Landlord may
reasonably consider injurious to the premises, or to any Tenants which Landlord may reasonably consider
objectionable. Landlord may relet all or part of the premises, alone or in conjunction with other properties, for a term
longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some
rent-free occupancy or other rent concession.
C. Damages. In the event of termination on default Landlord shall be entitled to recover immediately,
without waiting until the due date of any future rent or until the date fixed for expiration of the lease term, the
following amounts as damages:
(a) The loss of reasonable rental value from the date of default until new Tenants have been, or with the
exercise of reasonable efforts could have been, secured.
(b) The reasonable costs of reentry and reletting including without limitation the cost of any clean up,
refurbishing, removal of Tenants' property and fixtures, or any other expense occasioned by Tenants' failure to
quit the premises upon termination and to leave them in the required condition, any remodeling costs, attorney
fees,court costs, broker commissions, and advertising costs.
(c) Any excess of the value of the rent and all of Tenants' other obligations under this lease over the
reasonable expected return from the premises for the period commencing on the earlier of the date of trial or the
date the premises are relet and continuing through the end of the term. The present value of future amounts will
be computed using a discount rate equal to the prime loan rate of major Oregon banks in effect on the date of
trial.
D. Right to Sue More Than Once. Landlord may sue periodically to recover damages during the period
corresponding to the remainder of the lease term, and no action for damages shall bar a later action for damages
subsequently accruing.
E. Remedies Cumulative. The foregoing remedies shall be in addition to and shall not exclude any other
4
remedy available to Landlord under applicable law.
18. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which
shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes
possession, and Landlord and Tenant shall account for rental as of that date. Landlord shall be entitled to all of the
proceeds of condemnation and Tenants shall have no claim against Landlord as a result of the condemnation.
19. Liability and Indemnity.
A. Liens. Except with respect to activities for which Landlord is responsible, Tenants shall pay as due all
claims for work done on and for services rendered or material furnished to the leased premises and shall keep the
premises free from any liens. If Tenants fail to pay any such claims or to discharge any lien, Landlord may do so and
collect the cost as additional rent.Any amount so added shall bear interest at the rate of 7 percent per annum from the
date expended by Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver of
any right or remedy which Landlord may have on account of Tenants default.
B. Indemnification.Tenants shall indemnify and defend Landlord from any claim, loss, or liability arising out
of or related to any activity of Tenants on the leased premises or any condition of the leased premises in the
possession or under the control of Tenants.
20. Surrender at Expiration
A. Condition of Premises. Upon expiration of the lease term or earlier termination on account of default,
Tenants shall deliver all keys to Landlord and surrender the Leased premises in first-class condition and broom clean.
Alterations constructed by Tenants with permission from Landlord shall not he removed or restored to the original
condition unless the terms of permission for the alteration so require. Depreciation and wear from ordinary use for the
purpose for which Tenants are responsible shall be completed to the latest practical date prior to such surrender.
Tenant's obligations under this paragraph shall be subordinate to the provision of Section 14 related to destruction.
B. Fixtures.
(a) All fixtures placed upon the leased premises during the term, other than Tenants'trade fixtures, shall, at
Landlord's option, become the property of Landlord, if Landlord so elects, Tenants shall remove any or all
fixtures which would otherwise remain the property of Landlord,and shall repair any physical damage resulting
from the removal. If Tenants fail to remove such fixtures, Landlord may do so and charge that cost to Tenants
with interest at the legal rate from the date of expenditure.
(b) Prior to expiration or termination of the lease term Tenants shall remove all furnishings, furniture, and
trade fixtures which remain its property. If Tenants fail to do so,this shall be an abandonment of the property and
Landlord may retain the property and all rights of Tenants with respect to it shall cease or, by notice in writing
given to Tenants within 20 days after removal was required. Landlord may elect to hold Tenants to their
obligation of removal. If Landlord elects to require Tenants to remove, Landlord may effect a removal and
place the property in public storage for Tenants account. Tenants shall be liable to Landlord for the cost of
removal,transportation to storage,and storage,with interest at the legal rate on all such expenses from the date of
expenditure by Landlord.
C. Holdover.
(a) If Tenants do not vacate the leased premises at the time required, Landlord shall have the option to treat
Tenants as Tenants from month to month, subject to all of the provisions of this lease except the provisions for
term and renewal. Failure of Tenants to remove fixtures, furniture, furnishings, or trade fixtures which Tenants
are required to remove under this lease shall constitute a failure to vacate to which this paragraph shall apply if
the property not removed will substantially interfere with occupancy of the premises by another tenant or with
occupancy by Landlord for any purpose including preparation for a new tenant.
(b) If a month-to-month tenancy results from a holdover by Tenants under this paragraph,the tenancy shall
he terminable at the end of any monthly rental period on written notice from Landlord given not less than 10 days
5
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prior to the termination date which shall be specified in the notice. Tenants waive any notice which would
otherwise be provided by law with respect to a month-to-month tenancy.
21. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if
sent by United States first class mail, return receipt requested, addressed as follows:
If to Landlord to: If to Tenant to:
Sun Property Management, LLC. William Roger Cooper Jr.
PO Box 83192 12285 SW Kelly Ln
Portland,OR 97283 Tigard,OR 97223
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under
this paragraph by written notice thereof to the other party.
22. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a
waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other
provision.
23. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed
for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of
Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease.
24. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and
their respective legal representatives, successors and assigns.
25. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for
which Landlord's consent is required or desirable under this Lease.
26. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements
now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders,
ordinances and other public requirements now or hereafter affecting the Leased Premises.
27. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the
subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both
parties.
LANDLORD: TENANT:
Oej;"Leteo—TOt9-Krxegf
Thomas Donnelly William oger Co er Jr.
Member of Sun Property Management,LLC
6
WORK SHEET
Attached to and made part of a lease dated March 16th,2006 between Sun Property Management, LLC.,
Landlord, and William Roger Cooper Jr. ,Tenants.
A. Landlord will do the following:
1. Repair/level interior concrete floor;
2. Clean interior concrete floor,and remove old vinyl floor;
3. Repair interior wall vinyl;
4. Repair interior sheetrock:
5. Paint interior;
6. Paint cabinets;
7. Overhead insulation;
8. Man door balcony repair;
9. Replace countertop;
10. Patch pavement in front;
11. Provide exterior paint.
B. Tenant will do the following:
1. Paint exterior;
2. Install roll up glass door;
3. Sign repair;
4. Landscaping,parking lot maintenance;
5. Miscellaneous interior repair.
Tenants shall not be required upon termination of the lease to remove the alterations and improvements
effected by the above work and to restore the premises to the condition which existed before the work was
done.
LANDLORD:
Thomas Donnelly
Member of Sun Property Management,LLC.
TENANT: V v
William Roger Coo r Jr.
Business Modification Statement to the City of Tigard
The owner of Northwest Staple and the real property, Thomas
Donnelly, will be leasing the land and building to William Roger
Cooper Jr. dba as Bridgeport Classic Cars Inc.
The new business will operate as a classic car retailer. The inventory
of this business will be kept indoors. This business will be operating
as a retail dealer only.
The company will do no service or repair work at this site. There will
be no major changes to the existing structure.
Section 18.360.050 (B)
1. An increase in dwelling unit density or lot coverage for
residential development. No increase in either.
2. A change in the ratio or number of different types of
dwelling units. No change
3. A change that requires additional on-site parking in
accordance with Chapter 18.765. Efficient number of
spaces are already provided.
4. A change in the type of commercial or industrial as defines
by the uniform Building code. No Changes are to be
made.
5. An increase in the height of the building by more than 20
percent. No increase.
6. A change in the type of location or access ways and parking
areas where off-site traffic would be affected. No Change.
7. An increase in vehicular traffic to and from the site can be
expected to exceed 100 vehicles per day. No.
8. An increase in the floor area proposed for a non-residential
use by more than 10% excluding expansions under 5000
square feet. No increase.
9. A reduction in the area reserved for common open space
and/or useable open space that reduces the open space area
below the minimum required by this code or reduces the
open space area by more than 10%. No reduction.
10. A reduction of project amenities below the minimum
established by this code or by more than 10% where
specified in the site plan. No reduction.
11. A modification to the conditions imposed at this time of
site development review that are not subject to Criteria 1-10
above. No
Business Modification Statement to the City of Tigard
The owner of Northwest Staple and the real property, Thomas
Donnelly, will be leasing the land and building to William Roger
Cooper Jr. dba as Bridgeport Classic Cars Inc.
The new business will operate as a classic car retailer. The inventory
of this business will be kept indoors. This business will be operating
as a retail dealer only.
The company will do no service or repair work at this site. There will
be no major changes to the existing structure.
r -
Section 18.360.050 (B)
1. An increase in dwelling unit density or lot coverage for
residential development. No increase in either.
2. A change in the ratio or number of different types of
dwelling units. No change
3. A change that requires additional on-site parking in
accordance with Chapter 18.765. Efficient number of
spaces are already provided.
4. A change in the type of commercial or industrial as defines
by the uniform Building code. No Changes are to be
made.
5. An increase in the height of the building by more than 20
percent. No increase.
6. A change in the type of location or access ways and parking
areas where off-site traffic would be affected. No Change.
7. An increase in vehicular traffic to and from the site can be
expected to exceed 100 vehicles per day. No.
8. An increase in the floor area proposed for a non-residential
use by more than 10% excluding expansions under 5000
square feet. No increase.
9. A reduction in the area reserved for common open space
and/or useable open space that reduces the open space area
below the minimum required by this code or reduces the
open space area by more than 10%. No reduction.
10. A reduction of project amenities below the minimum
established by this code or by more than 10% where
specified in the site plan. No reduction.
11. A modification to the conditions imposed at this time of
site development review that are not subject to Criteria 1-10
above. No
Average Vehicle Trips Generated Per Day, Gen. Light Industrial
Avg Low High
Day 25 6 61
Sat 5 2 21
Sun 2 1 18
Average Vehicle Trips Generated Per Day, New Car Sales
Avg Low High
Day 135 56 287
Sat 76 56 123
Sun 38 28 64
*4110
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T=&;trk- 1,t,4,1 - CIA^ 44414'4`-41 --
RECEIVED
APR 1 7 2006
OITYOFTIGARD
rummgelfeMOINErtiRtNG
ANCASTER
engineering
April 14, 2006
Roger Cooper
12285 SW Kelly Lane
Tigard, OR 97223
RE: Bridgeport Classic Cars - Trip Generation Comparison
Dear Mr. Cooper:
This letter is written to update provide the trip generation estimates for the proposed
Bridgeport Classic Cars development in Tigard. The site is located at 14529 SW 72nd Avenue
which is in the southwestern quadrant of the intersection of SW 72nd Avenue at SW Bonita
Road.
The site currently is occupied by Northwest Staple, which is a building materials store.
The existing site trips from this development were accounted for in preparation of this letter.
The proposed development will sell classic cars primarily via the Internet.
To estimate the net increase in the number of trips that will be generated by the pro-
posed development, trip rates from TRIP GENERATION, Seventh Edition, published by the In-
stitute of Transportation Engineers (ITE), were used. The trip rates used were for land-use
code 812, Building Materials and Lumber Store and 841, New Car Sales. The trip generation
rates for these uses are based upon the size of the floor area. The building size is 3,600 square
feet.
The New Car Sales land-use code was used, since there are no rates associated with the
proposed use. This rate will likely be higher than the actual rate for the proposed use, but it is
the best approximation available.
As shown in the table below, the proposed Bridgeport Classic Cars development will
generate fewer trips than the existing Northwest Staple. Therefore, the adjacent streets will op-
erate the same or better than under existing conditions. Detailed trip generation calculations are
included in the technical appendix attached to this letter.
Union Station, Suite 206•800 NW 6th Avenue•Portland, OR 97209•Phone 503.248.0313•Fax 503.248.9251
Roger Cooper
April 14, 2006
Page 2 of 2
TRIP GENERATION SUMMARY
Entering Exiting Total
Trips Trips Trips
Building Materials and Lumber Store
AM Peak Hour 6 3 9
PM Peak Hour 8 8 16
Weekday 81 81 162
New Car Sales
AM Peak Hour 5 2 7
PM Peak Hour 4 6 10
Weekday 60 60 120
Net New Trips from Site
AM Peak Hour -1 -1 -2
PM Peak Hour -4 -2 -6
Weekday -21 -21 -42
The proposed development will generate fewer trips than the existing development.
Therefore, no mitigations are recommended for this proposed development. If you have any
questions regarding this information, please don't hesitate to call.
Yours truly,
‘ _��D
Geoffrey A. Judd, P.E. �'� e
Transportation Engineer 74680PE
Ec•
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A• Y71416`
EXPIRES: 06/30/00
TRIP GENERATION CALCULATIONS
Land Use: Building Materials and Lumber Store
Land Use Code: 812
Variable: 1000 Sq Ft Gross Floor Area
Variable Value: 3.6
AM PEAK HOUR PM PEAK HOUR
Trip Rate: 2.60 Trip Rate: 4.49
Enter Exit Total Enter Exit Total
Directional % 33% Directional
Distribution Distribution 47% 53%
Trip Ends 6 3 9 Trip Ends 8 8 16
WEEKDAY SATURDAY
Trip Rate: 45.16 Trip Rate: 51.6
Enter Exit Total Enter Exit Total
Directional 50% 50% Directional
Distribution Distribution 50°l0 50%
Trip Ends 81 81 162 Trip Ends 93 93 186
Source:TRIP GENERATION,Seventh Edition
TRIP GENERATION CALCULATIONS
Land Use: New Car Sales
Land Use Code: 841
Variable: 1,000 Square Feet
Variable Value: 3.6
AM PEAK HOUR PM PEAK HOUR
Trip Rate: 2.05 Trip Rate: 2.64
Enter Exit Total Enter Exit Total
Directional 74% 26% Directional 39% 61%
Distribution Distribution
Trip Ends 5 2 7 Trip Ends 4 6 10
WEEKDAY SATURDAY
Trip Rate: 33.34 Trip Rate: 21.03
Enter Exit Total Enter Exit Total
Directional Directional
Distribution
50% 50% 50% 50%
Distribution
Trip Ends 60 120 Trip Ends 38 38 76
Source:TRIP GENERATION,Seventh Edition