Permit CITY OF TIGARD BUILDING PERMIT
i 11
II
s COMMUNITY DEVELOPMENT BUILDING
BUP2014 00180
T l GA RD 13125 SW Hall Blvd.,Tigard OR 97223 503.718.2439 Date Issued: 09/09/2014
Parcel: 2S113AA00100
Jurisdiction: Tigard
Site address: 16358 SW 72ND AVE
Project: Lamar Sign Subdivision: ROSEWOOD ACRE TRACTS Lot: PTS A,B
Project Description: Restore billboard sign. Attach sign head to existing column.
Contractor: OBIE CONSTRUCTION INC Owner: PACIFIC REALTY ASSOCIATES
PO BOX 22336 ATTN: N PIVEN
EUGENE, OR 97402 15350 SE SEQUOIA PKWY#300
PORTLAND, OR 97224
PHONE: 541-343-2436 PHONE:
FAX:
Specifics: FEES
Description Date Amount
Type of Use: COM
Class of Work: OTR Type of Const: DC Provision Review,COM TI-Ping 09/09/2014 $75.00
Occupancy Grp: U Occupancy Load: DC Provision Review,COM TI-LRP 09/09/2014 $11.00
Info Process/Archiving-Lg$2.00(over 09/09/2014 $2.00
Dwelling Units: 0 11x17)
Stories: 0 Height: 0 ft Info Process/Archiving-Sm$0.50(up to 09/09/2014 $10.00
Bedrooms: 0 Bathrooms: 0 11x17)
Value: $46,108 Permit Fee-Additions,Alterations, 09/09/2014 $696.39
Demolition
12%State Surcharge-Building 09/09/2014 $83.57
Floor Areas: Plan Review 09/09/2014 $452.65
Total Area: 0
Accessory Struct: 0
Basement: 0
Carport: 0
Covered Porch: 0
Deck: 0
Garage: 0
Mezzanine: 0
Total $1,330.61
Required: Required Items and Reports(Conditions)
1 Structural Welding
Fire Sprinkler: Parapet:
Fire Alarm: Protected Corridors:
Smoke Detectors: Manual Pull Stations:
Accessible Parking: 0
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and all other applicable law. All work will
be done with approved plans. This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more the 180
day . ATTENTION: Oregon law requires you to follow the rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR
9 -001-0010 through OAR 95 •- .090. You may obtain a copy of the rules or direct questions to OUNC by calling 503.232.1987 or 1.800.332.2344.
I ued By: � =lif/ V Permittee Signature: -yy1
le7,fri
Call 503.639.4175 by 7:00 a.m.for the next available ins cti ate.
This permit card shall be kept in a conspicuous place on the job site unti mpletion of the project.
Approved plans are required on the job site at the time of e'ch inspection.
Building Permit Application
Commercial FOR OFFICE USE ONLY
City of Tigard ( FCEI VED ReceB. y: g C /II ( �, l kP , -et)/DatcBy: Permit No.:I - " 13125 SW Hall Blvd.,Tigard,OR Plan Review
Phone: 503.718.2439 Fax: 503.598.1m9G 5 2014 Date/By: Other Permit:
T 1 G A R D Inspection Line: 503.639.4175 Date ReadyBy: �� orris• ® See Page 2 for
Internet: www.tigard-or.gov /ti�'j't/ FWD
Notified/Method: Ay, Supplemental Page 2 Information,
HNC/CITY tyi uJ.T so�c/
TYPE REQUIRED DATA:1-AND 2-FAMILY DWELLING:
❑New construction ❑Demolition Permit fees*are based on the value of the work performe d.
Indicate the value(rounded to the nearest dollar)of all
®Addition/alteration/replacement ❑Other: equipment,materials,labor,overhead,and the profit for the
CATEGORY OF CONSTRUCTION work indicated on this application.
❑ 1-and 2-family dwelling ®Commercial/industrial
Valuation: $
Accessory building Number of bedrooms:
❑ ry g ❑Multi-family Or
❑Master builder ❑Other: Number of bathrooms:
JOB SITE INFORMATION AND LOCATION Total number of floors:g
Job site address: 16358 SW 72nd AVE New dwelling area: 0 square feet'
City/State/ZIP:Tigard,Oregon 97224 Garage/carport area:, square feet 0
Suite/bldg./apt.no.: Project name:Lc,,,,,,,,/- S; „._ Covered porch area:, square feet
Cross street/directions to job site:1000'South of Upper Boones Ferry Road Deck area:J? square feet,e
Other structure area: O' square feet,
REQUIRED DATA:COMMERCIAL-USE CHECKLIST
Subdivision: I Lot no.:00100 Permit fees*are based on the value of the work performe d.
Tax map/parcel no.:2S113AA00100 Indicate the value(rounded to the nearest dollar)of all
equipment,materials,labor,overhead,and the profit for t he
!_ f / DESCRIPTION OF WORK / / work indicated on this application. y�
Resioi, _ b iI ,m,,d _c4,,,,_. /T 1f.4,.� Si. jam- h e't 4, ea....,rt. Valuation: $ 7 i� /0C G0
co—pie-ft- f� ti A off/to o d a/t v� 1`t eh 1 N E e./I•-t Existing building area:Liz'( ti j square feet y
cAlCS cy ad qt✓ltw/✓�r� S New building area: square feet ,e,
❑ PROPERTY OWNEli1 ® TENANT Number of stories: 5 ( L/r_0
Name:Lamar Advettisi i . ). Type of construction: .S'fe e/
Address:698 l2"'Street SE,Suite 130 Occupancy groups:
City/State/ZIP:Salem,Oregon 97301 I
Existing: I u Z`` co ru►n t.� pipe-
Phone:
(514)684.7939 Fax:(541)683.3212 JJ__
® APPLICANT ® CONTACT PERSON BUILDING PERMIT FEES*
Business name:Lamar Adv I-fisi N .- o. f relar°feesche�`k�
9 Structural plan review fee(or deposit):
Contact name:.lason Ripp
FLS plan review fee(if applicable):
Address:698 12th Street SE,Suite 130
Total fees due upon application:
City/State/ZIP:Salem,Oregon 97301 _
Phone:(541)684.7939 Fax::(514)683.3212 Amount received: )---
E-mail:jripp @lamar.com PHOTOVOLTAIC SOLAR PANEL SYSTEM FEES*'
CONTRACTOR Commercial and residential prescriptive installation of
roof-top mounted PhotoVoltaic Solar Panel System.
Business name:Outdoor Designs Submit two(2)sets of roof plan with connection details
and fire department access,along with the 2010 Oregon
Address:PO Box 879 Solar Installation Specialty Code checklist.
City/State/ZIP:Middleton,ID 36 Permit fee(includes plan review $1801.00
and administrative fees):
Phone:(208)585.3984 Fax:(ZO8) 5-8s- 9 L! 2.. State surcharge(12%of permit fee): $21.60
CCB lic.: 144454
Total fee due upon application: $201 .60
Authorized signature:.. — This permit application expires if a permit is not obtaimed
within 180 days after it has been accepted as complete.
Print name:S��� 1 Date: 7/30 /�,/ * Fee methodology set by Tri-County Building Industry
4 ���� / / Service Board.
I:\Building\Permits\BUP-COM PermitApp.doc 02/24/2011 440-4613T(11/02/COM/WEB)
.
City of Tigard `'
III
r COMMUNITY DEVELOPMENT DEPARTMENT (N/DU
N .
TI G A R D Building Permit Review — Commercial - With Land Use
Building Permit #: "6 Li() 69-0 /II—CO/06
Site Address: 163 ST S IA/ 7.91 nd Suite/Bldg#:
Project Name: LA HO-0_ l-S t r4 Ap,t i .
(Name of commercial business occupying the space. If vacant,enter Spec Space.)
Planning Review JJ � f /
Proposal: apear ami s iA cjo�1 a /loo�-CO$) fas1,p►j &' �q4 4 pprWr
ivide✓' S 93 GtJ . J
a Verify site address/suite #exists and active in permit system.
❑ Land Use Case #: /M-
D Plans Match Approved Land Use:
❑ Site Plan ❑ I,aridscape Plan ❑ Other:
❑ Urban Forestry Plan Elevation Plan /
CI Building Height: Maximum Height 17,q 1 Actual Height
❑ Conditions Met: ❑ Prior to Submittal / ❑ Prior to Permit Issuance
Notes: l l/0 vJ� .5 or M o•l/470141 I4i &2 G i �Y(A(-,or t e/i jn pavess.�J 44re a li�0.410(.
ktptalKr /LiS�►f. i "MAW ex ll�-S,� may, L;h.,1.4 th S14f+�c Ylon..e/r *,c lEe•
Approved by Planning: v Date: K-19".4/
Revisions (after Building Submittal only) Reviewer Date
Revision 1: ❑ Approved ❑ Not Approved
Revision 2: ❑ Approved ❑ Not Approved
Revision 3: ❑ Approved Cl Not Approved
Building Permit Submittal
Original Submittal Date: g//9//
Site Plans: # 3
Building Plans: #
Building Permit#: rater building ppe it# above.
Workflow Routing: 1d' Planning Mr Engineering [ermit Coordinator P4uilding
Workflow Sign-off: Sign-off for Planning(include notes from planning review)
Route Application Documents: ❑ Building: original permit application, site plans,building plans, engineer and
beam calculations and trust details,if applicable,etc.
Notes:
By Permit Technician:
ab, .��ii, / � Date: D / i
1:\Building\Forms\BldgPermitRvw_COM_W ithLandUse_042914.docx
.4 . .
Engineering Review
❑ Actual Slope:
❑ PFI Permit#:
❑ Conditions Met
Notes: pi. .M6 a • 1S1vc,.1
Approved by Engineering:
...2-__/---.--- -- Date: S• 11 , I
Revisions (after Building Submittal only) Reviewer Date
Revision 1: ❑ Approved ❑ Not Approved
Revision 2: ❑ Approved ❑ Not Approved
Revision 3: ❑ Approved ❑ Not Approved
Permit Coordinator Review
❑ Conditions Met-Prior to Issuance of Building Permit
Notes:
Revisions (after Building Submittal only)
Revision Notice 1: Date Sent to Applicant:
Revision Notice 2: Date Sent to Applicant:
Revision Notice 3: Date Sent to Applicant:
(L0OK to Issue Permit /f
Approved by Permit Coordinator: ` Date: r/" AC
1:\Building\Forms\BldgPermitRvw_COM_WithLandUse 0429I4.docx
City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT Tr�
R EC E
Request Permit Action
Request
FTiV1;Gn►R1Ds 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.718.2439 • www.tigii br.gkn
n/OF rI�,,
'1'O: CITY OF TIGARD BUILDING D ARU
Building Division Services Supervisor IVIS10N
13125 SW 1-fall Blvd.,Tigard,OR 97223
Phone: 503.718 213() Fax: 503.598.1960 www.tigard-or.gov
FROM: ❑ Owner ® Applicant ❑ Contractor ❑ City Staff
(check one)
REFUND OR Name: No refund,just changing contractor
INVOICE TO: (BustntYat nr Individual) Lamar
Mailing Address: 698 12th Street SE Suite 130
City/State/Zip: Salem, Oregon 97301
Phone No.: 641.684.7939
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1):
❑ CANCEL/VOID PERMIT APPLICATION.
❑ REFUND PERMIT FEES (attach copy of original receipt and provide explanation below).
❑ INVOICE FOR FEES DUE (attach case fee schedule and provide explanation below).
• REMOVE/REPLACE CONTRACTOR ON PERMIT (do not cancel permit).
Permit #: BUP2014-00180
Site Address or Parcel #: 16358 SW 72''Ave.Tigard,Oregon 97224
Project Name: Lamar Sign
Subdivision Name: 2S113AA00100 Lot #: 00100
EXPLANATION: Contractor: Outdoor Designs can no longer complete work due to life
threatining motercycle accident. The new contactor will he Obie Construction. Contact person is
Rick Obie. CCB Lie. #90966. Address: 3976 W 13th Ave, Eugene, OR 97402. P#: (541) 343-2436
Signature: .,P 47j Date: 9/8/2014
ason Kipp
Print Name:
Refund Polies
1.
'Mc(:imamunity Development I)irector or Building Official may authorize the refund..ti
a) any fee which was erroneously paid or collected.
h) not more than HI%of the land use application fee when an application is withdrawn or canceled before any review effort has been expended.
c) not more than 80%of the land use application fee for issued permits.
d) not more than Bt%of the building plan review fee when an application is canceled betire any plan review etTon has been expended.
e) not more than St1%of the building permit fee for issued permits prior to any inspectie m requests.
2. All refunds will he returned to the original pat,.1 in the timn of a check. Please allow 3-4 weeks for pruecssing refund nyuests.
FOR OFFICE USE 0 '
Rte to Sys Admits: Date 15% Rte to I J s(.ti. _ Dare 'Jizsmouvr
Refund Processed: _ Date By Processed: Date By
Permit Canceled: Date By Parcel Tag Added: Date By
Receipt# Date Method Amount$
1:\Building\Forms\Regl'cm itActiun_I162614.doc
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RECEIVED
AUG 5 2014
CITY OF TIGARD
BUILDING DIVISION
TOLLING AND RESTORATION AGREEMENT,
This Tolling and Restoration Agreement ("Agreement") is hereby entered into between
Lamar Outdoor Advertising Co. ("Lamar") and City of Tigard ("Tigard"), who are each a
"Party"and together the"Parties" to this Agreement. This Agreement is effective as of the date
of the last dated signature below("Effective Date").
Recitals
WHEREAS,
A. Lamar owns outdoor advertising signs located at 10185 SW Cascade Avenue,
Tigard("Cascade Avenue")and 16358 SW 72"d Street,Tigard ("72"d Street").
B. In April 2013 Tigard issued permits allowing Lamar's Cascade Avenue and 72"d
Street signs to be upgraded with LED technology.
C. In August 2013 Tigard revoked the permits related to the LED upgrades. Tigard
asked Lamar to cooperate by restoring the signs to the condition they were in
before April 2013.
D. When Lamar learned of the permit revocations, the upgrades to the Cascade
Avenue sign were already complete, and Lamar had already removed the
conventional sign face at the 72"d Street location in preparation for installation of
an LED sign face. Tigard issued a stop work order for the 72"d Street location.
E. Lamar appealed the permit revocations to LUBA.
F. Lamar has a pending local appeal of the stop work order.
G. Tigard has pending civil enforcement actions in Tigard Municipal Court related to
the Cascade Avenue and 72"d Street signs,and has threatened to impose monetary
penalties on Lamar for code violations related to each location.
H. Lamar has threatened Tigard with claims for damages related to the issuance of
the permits.
I. On October 22, 2013, the parties reached an agreement, through their respective
attorneys,that:
"2. Until 14 days after LUBA decides whether it has
jurisdiction over revocation of the sign permits:
a. all local proceedings will be suspended or
kept on hold without prejudice to either
Ply;
TOLLING AND RESTORATION AGREEMENT
Page I of 6
b. the status quo at each location will be
preserved, i.e., no abatement action by the
City and no further site work by Lamar;and
c. Lamar will suspend its RFP and deposition
notices."
J. After LUBA granted jurisdiction over Lamar's appeals, the parties extended their
agreement pending a final order from LUBA and effectuated that agreement by
keeping the local stop work order and civil enforcement proceedings indefinitely
extended,stayed,or on hold.
K. LUBA issued a final order in favor of Tigard on June 4, 2014. Lamar has
appealed the decision to the Oregon Court of Appeals.
L. After LUBA issued its final order, the Parties inquired with the Oregon
Department of Transportation (ODOT) regarding the prospect of restoring the
Cascade Avenue and 72"4 Street signs to the condition they were in before April
2013. ODOT's position is that Lamar can do this at the 72"d Street location
without violating or changing its existing ODOT permit for that location.
M. After LUBA issued its final order, the Parties conferred and negotiated through
their respective counsel and reached certain agreements that are intended to
eliminate, avoid, or delay certain actual or potential issues the parties have
identified related to the Cascade Avenue and 72"1 Street signs. The Parties intend
this Agreement to document and finalize these agreements,without intending it to
settle or resolve the actual or potential issues or disagreements between them that
are not expressly addressed in this Agreement and without waiver or
extinguishment of any rights the Parties may have relating to any matters not
specifically addressed in this Agreement.
Agreement
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereby agree as follows:
1. Restoration of 72nd Street Sign. Lamar will restore the 72"d Street sign with a
static face pursuant to the following terms:
(a) To perform the restoration, Lamar will install a static, non-LED sign face at
the 72nd Street location that will be identical or substantially similar in size,
shape, location, and operation, when compared with the sign face that was at
that location prior to April 2013. Lamar will ensure the resulting sign is in
compliance with Lamar's existing ODOT sign permit.
(b) Once restored, the sign will have the same legal status with respect to Tigard
city code that the sign had before April 2013.
TOLLING AND RESTORATION AGREEMENT
Page 2 of 6
(e) Tigard agrees that prior to April 2013 the sign was a nonconforming sign
within the meaning of TDC 18380.110, Tigard code allows the restoration of
the sign, and, when the restoration is complete, the sign will retain its prior
status as a nonconforming sign within the meaning of TDC 18.780.110.
(d)Lamar has determined based on estimates from a qualified contractor that the
cost of the restoration is less than 50% of the cost of replacing or
reconstructing the entire sign, and Tigard accepts this determination for the
purposes of TDC 18.780.110.C.
(e) Lamar will apply for appropriate building and electrical permits for the
restoration work,and will do so by no later than August 6, 2014. Lamar will
complete the restoration work by no later than 90 days after Tigard has
approved both the building and electrical permit. Upon completion, Lamar
will schedule and obtain a special inspection of the work.
(f) The restoration will be without prejudice to Lamar's pending appeal of the
sign permit revocation (including LUBA's decision to affirm the revocation)
for the 72"d Street location. Tigard understands that Lamar is still seeking to
use that appeal to establish a right to perform LED upgrades at the 7rd Street
sign location based on Tigard's issuance of permits for that location. By
entering into this Agreement, Lamar does not waive, release, or otherwise
prejudice any of its rights in that pending appeal.
(g) Upon Lamar's completion of the restoration,the following will take effect:
(i) Tigard will waive any claim it might otherwise have for monetary
penalties for any violation of Tigard Municipal Code related to the
72nd Street location up through the date of completion of the
restoration at that location. This waiver will not apply to any
violation of Tigard Municipal Code that occurs after the date of
completion of the restoration. This waiver will not apply to any
violation of Tigard Municipal Code related to the Cascade Avenue
location.
(ii) Lamar will waive any claim for damages: (1) for any expense
incurred, owed, or paid by Lamar up through the date of
completion of restoration as a result of Tigard's issuance or
revocation of permits for LED upgrades at the 72nd Street location;
or(2)that arises from any contract that Lamar entered into prior to
the date of completion of restoration and that relates to Lamar's
72nd Street location. This waiver will not apply to any claim for
damages related to the Cascade Avenue location.
TOLLING AND RESTORATION AGREEMENT
Page 3 of 6
2. Agreements of Limited Duration. The Parties agree that,during the period from
June 4, 2014 (the date of LUBA's final order), until 21 days after the Court of Appeals issues a
final decision in Lamar's appeal of the sign permit revocations:
(a) The LED upgrades at the Cascade Avenue location will remain in place and there
will be no work on the sign at that location by either party.
(b) Any increase in gross daily advertising income earned by Lamar at the Cascade
Avenue location (over and above what was being earned at that location before
the 2013 LED upgrades) will count as an offset against any claims for damages
that Lamar might have against Tigard arising from its issuance of permits for
LED upgrades.
(c) Monetary penalties will not accrue at the Cascade Avenue or 72" Street sign
locations.
(d) The pending local code enforcement and stop order proceedings will remain on
hold and the parties will work together to keep them on hold.
3. Suspension of Time. The Parties will treat the passage of time from June 4,
2014, until 21 days after the Court of Appeals issues a final decision in Lamar's appeal of the
sign permit revocations as suspended and not counted for the purpose of any defense of statute of
limitations, laches, statute of repose, or any other defense based on passage of time, delay,
action, or inaction, in any legal or equitable claim or action between the Parties, including any
claim for damages or code enforcement,related to the Cascade Avenue or 72"d Street signs.
4. Written Modification or Extension. Any aspect of this Agreement can be
modified or extended,but only by written agreement of the Parties.
5. Further Assurances and Good Faith. Each Party agrees to work with the other
in good faith to effectuate this Agreement and provide any further assurances or documentation
that may be reasonably requested for that purpose. In the event that any third party challenges or
objects to this Agreement or either party's performance of it, the parties will cooperate
reasonably and in good faith to defend the Agreement and Tigard staff will interpret city code to
be consistent with it.
6. Limited Scope. This Agreement is not intended to resolve all disputes between
the Parties or supersede any prior or existing agreements or rights that any of them possess
except as required by the terms of this Agreement or stated herein.
7. Inclusion, Substitution,or Addition of a Party. In the event any applicable law
or court rule requires that a claim of any Party to this Agreement must be brought in the name of
or through another person or entity,the inclusion, substitution, or addition of any such person or
entity will not affect the validity or application of this Agreement.
TOLLING AND RESTORATION AGREEMENT
Page 4 of 6
8. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties and any of their respective corporate parents and subsidiaries, heirs,
beneficiaries,representatives,successors,and assigns.
9. Specific Performance. The Parties agree this Agreement and its individual terms
are enforceable through an action for specific performance, as well as through any other type of
action provided by law.
10. Warranty of Execution. The Parties represent, warrant, and state that all legal
action necessary for the effectuation and execution of this Agreement has been validly taken,and
that the individuals whose signatures appear below are duly authorized to execute this instrument
on behalf of the respective Parties.
11. Choice of Law,No Attorney Fees. Any proceedings to enforce or interpret this
Agreement will be governed by Oregon law. In any such action, each Party will bear its own
attorney fees.
12. Access to Counsel. This Agreement is reasonable and was negotiated in good
faith between the Parties, with each one either receiving or having been given the opportunity to
receive separate legal advice.
13. Severability. In the event any provision of this Agreement is determined to be
invalid, illegal or unenforceable, that provision will be severed from the rest of the Agreement,
and the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
14. Limited Integration. This Agreement contains the entire understanding and
agreement of the parties with respect to the specific matters that are the subject of the
Agreement,and is intended to be fully integrated with respect to its terms, and no others.
15. Preservation of Legal Positions. Each Party reserves its respective positions
concerning the merit or lack of merit of each other's claims or defenses. No Party admits any
liability for any claim associated with the signs or permits.
16. No Admission. Nothing contained herein should be construed to admit,
acknowledge, resurrect, or revive any claim, demand,action, cause of action, or defense that, as
of the date of the execution of this Agreement,does not exist.
17. Voluntary Agreement. This Agreement has been read and is fully understood
and voluntarily accepted. This Agreement is executed on knowledge of the facts and not made
in reliance upon any statement of any person unless expressly contained in this Agreement.
TOLLING AND RESTORATION AGREEMENT
Page 5 of 6
c '
18. Counterparts. A facsimile copy of this Agreement is binding on the parties, and
this Agreement may be signed in counterparts without affecting its validity or enforceability.
Dated: e -4.2014
Marty Wine,City ger
For City of Tigard
■
Dated: t-Y Zo/.Y /i�~`�alir
Scott Butterfield,Regio. anager
For Lamar Outdoor Advertising Co.
TOLLING AND RESTORATION AGREEMENT
Page 6 of 6
RE EIVEP
AU, 5 2014
CIT OF TIGARD
BUIL I NG DIVISION
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281.311%
!oo' CITY OF TIGARD
Approved by Planning
Date: ff-19—/4r
L.
Initials: J.,66 .