William B. Kenny ~ LE166001 ~ Lasich Property L `
Third Amendment to Contract of Sale and Escrow Instructions
This Third Amendment to Contract of Sale and Escrow Instructions is entered into by and
between William B. Kenny, an individual (Seller) and the City of Tigard, an Oregon municipal
corporation(Purchaser).
Recitals
A. The parties executed a Contract of Sale and Escrow Instructions (Contract) dated August 12,
2015, subsequently Closed the Purchase, and subject to the terms and conditions, therein, and
subsequently entered into First and Second Amendments making certain changes relating to
payment of property taxes authorizing the prior advance payment to Seller from escrow.
B. Seller continues to remove Retained Property and take other steps as required in the Contract.
Seller has requested that Purchaser release additional funds beyond those released pursuant to the
Second Amendment to help pay the cost of Seller's performance and for other purposes.
Purchaser is willing to agree provided sufficient funds remain to satisfy the obligations of the
parties, including payoff of the Northwest Farm Credit Services obligation without prepayment
penalty and under the terms provided for in this Amendment.
Agreement
Now, therefore, in consideration of the mutual covenants herein and in the Contract, the parties
agree to amend the Contract as follows, new language is underlined, deleted language is shown
in strike-out:
Section 1. Section 4.5 Collection and Payment is amended as follows:
4.5 Collection and Payment. After Closing all payments to Seller must be made to
Collection and Payment Escrow. Except as provided in Section 4.7 and 4.8, below, the
Collection and Payment Escrow shall accept the payments and apply or account for them
as follows:
a. First to any unpaid amount due to the Collection and Payment Escrow;
b. Second,payment directly to the Northwest Farm Credit Services obligation as
payments on such obligation become due. Escrow shall pay remaining balance of this obligation
in full no earlier than May 1, 2018 and no later than May 15, 2018 so as to avoid any prepament
penalties;
c. Third, to pay the personal property taxes on or before the due date. Collection
Escrow shall provide proof of payment to Seller and Purchaser;
d. Fourth, to any credits due to Purchaser under this Contract;
e. Fifth, to any other liens or encumbrances placed on or suffered by Seller,
including any lien for unpaid personal property taxes or for the cost of removing the Retained
Property and the manufactured dwelling owned by Seller's foreman, unless such lien arises from
the action or inaction of Purchaser;
f. Sixth, pay to Seller's insurance provider the premiums for the commercial
general liability insurance as provided in Section 4.1 of the Lease (Exhibit `E') and any other
insurance maintained by Seller associated with the Subject Property, Retained Property or Sellers
business operations on the property(e.g. casualty, auto) within 30 days of Seller providing to
Collection Escrow or receipt from the insurer of a statement of amount due and payable.
Collection Escrow shall provide proof of payment to Purchaser.
g. Seventh,pay the remaining balance to Seller on the Maturity Date.
Collection and Payment Escrow shall not less than annually provide the Parties with a statement
showing the receipts from Purchaser and disbursements by Collection and Payment Escrow.
Section 2. Section 4.8, is added as follows:
4.7 One-time payment to Seller. Notwithstanding Section 4.5, within 10 days of receipt
of written authorization from Purchaser, the Collection Escrow shall make a one-time payment
of$60,000 to Seller from the proceeds being held by Collection Escrow.
4.8 Second extraordinary payment to Seller. Notwithstanding Section 4.5 and 4.7,
within 10 days of receipt of written authorization from Purchaser, the Collection Escrow shall
make a second extraordinary paEnent of$275,000 to Seller from the Proceeds being held by
Collection Escrow. The remaining funds shall be disbursed as provided in Section 4.5
Section 5. Except as expressly amended herein and by the First and Second Amendments, the
Contract as originally executed remains in full force and effect. This Third Amendment shall be
effective as of the date last signed.
Seller
By:
Name: ( xf
Its: 5--(
Date: ( 1 ,�
Purchaser Q r
By:
Name: Mo rd'1,.r L . A-)1he-
Its. Mavlc4(4e,-✓
Date: )
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LEASE
This Lease (Lease) is entered into by and between the City of Tigard, a municipal corporation
(Lessor) and William B. Kenny (Lessee) (collectively the Parties) for the real property and certain
improvements located at 16147 SW Roy Rogers Rd., and 17180 SW Lasich Lane in Sherwood,
Oregon and legally described on Exhibit `A' attached hereto (collectively, the Premises).
RECITALS
1. The Parties have entered into a land sale contract (Contract) pursuant to which Lessor is
purchasing the land and improvements (Lessor's Property), excepting those improvements and a
manufactured home that remain in the ownership of Lessee as shown in Exhibit `B' (Lessee's
Property.
2. Lessee desires to continue to occupy the Premises for its existing commercial nursery
business and to continue to use that portion of the Premises devoted to residential use with two
manufactured homes (the, Residential Land).
3. Contingent on the Closing of the Contract, Lessor consents to such continued occupancy
subject to the terms and conditions of this Lease until the Maturity Date as that term is used in the
Contract or such other time as this Lease is terminated as provided for herein.
4. The Parties acknowledge and agree that the Premises is not a manufactured home
dwelling park or facility as defined by law.
AGREEMENT
Now, therefore, the parties agree as follows:
Section 1. Lease Term and Rent
1.1 Starting on the date Lessor acquires title to Lessor's Property as provided in the
Contract (the "Commencement Date"), Lessor's Property will be leased to Lessee for a term of
three years (the "Term"), unless earlier terminated pursuant to the terms of this Lease.
1.2 Lessee shall pay to Lessor the sum of$1.00 per year, payable on the Commencement
Date and each anniversary of the Commencement Date.
1.3. Lessor shall pay the ad valorem real property taxes on the land and all improvements,
subject to the credit provided for in the Contract. Lessee shall pay all personal property taxes,
excise or business taxes.
Section 2. Maintenance and Improvements
2.1 Except for taxes as provided in Section 1.3, Lessee shall be responsible for all costs
relating to the Premises, including improvements and manufactured homes and including but not
limited to utilities, maintenance, garbage collection and disposal, recycling, cable television, direct
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satellite or other video subscription services, Internet access or usage, and telephone, repairs,
interior and exterior structural repairs and insurance. Lessee shall maintain Lessor's Property in
at least as good as condition as it was on the Commencement Date, including but not limited to
routine minor maintenance and repairs, mowing and debris removal. It is expressly agreed that
this provision is entered into in good faith and not for purposes of evading Lessor's legal
obligations.
2.2 Lessee shall be solely responsible for maintaining and repairing the Premises, including
but not limited to all improvements and personal property, the manufactured homes, well and
related pump and water lines, and the septic systems serving the property. Lessor shall have no
responsibility whatsoever for maintenance, repair, condition, safety or legal compliance of the
Premises.
2.3 Lessee shall not cause or suffer any contamination or waste of the Premises.
2.4 Lessor assumes no responsibility for, makes no representations regarding, and does not
warrant the availability, quality or quantity of the water or any other utilities available to the
Premises.
Section 3. Liens and encumbrances.
3.1 Notwithstanding Lessee's ownership of certain improvements on the Premises, Lessee
shall not permit or suffer any lien or other encumbrance to attach to all or any part the Premises,
other than for ad valorem real property taxes, without the prior written consent of Lessor. If any
such lien not authorized by Lessor is filed against the Premises, Lessee will immediately inform
Lessor and cause the same to be discharged of record within sixty (60) days after the date of its
filing by payment, deposit, or bond. Lessee shall provide Lessor with written evidence reasonably
satisfactory to Lessor that all such liens have been discharged.
3.2 Nothing in this Lease may be deemed to be, or be construed in any way as constituting,
the consent or request of Lessor, express or implied, by inference or otherwise, to any person, firm,
or corporation for the performance of any labor or the furnishing of any materials for any
construction, rebuilding, alteration, or repair of or to Lessor's Property including any, or as giving
Lessee any right, power, or authority to contract for or permit the rendering of any services or the
furnishing of any materials that might in any way give rise to the right to file any lien against
Lessor's interest in the Premises. Lessee is not intended to be an agent of Lessor for any purpose,
including the construction, repair or maintenance of the Premises.
3.3 Lessee will pay and discharge, or cause to be paid and discharged when due all personal
property taxes, excise taxes, business and occupation taxes that become due and payable during the
term of this Lease. Within 30 days of the due date, Lessee shall provide Lessor with written
evidence reasonably satisfactory to Lessor that all taxes and assessments that are the obligation of
Lessee have been paid when due.
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Section 4. Insurance
4.1 During the term of this Lease, Lessee will maintain commercial general liability
insurance with limits of not less than $ 1,000,000 per Occurrence and $2,000,000 in the General
Aggregate. This commercial general liability insurance shall be endorsed to provide primary
coverage and not require contribution by any insurance maintained by Lessor. The insurance
required above must cover all risks arising directly or indirectly out of Lessee's activities on the
Premises or the condition of any Improvements or Personal Property on the Premises. Such policy
will be endorsed with Lessor as an additional insured, must be written in such form, with such
terms and by such insurance companies reasonably acceptable to Lessor. Lessee will deliver to
Lessor a copy of such policy and coverage endorsements of coverage from each insurer. Lessee
shall not cancel or substantially modify any such insurance without providing a minimum of thirty
(30) days' written notice to Lessor. As provided in the Section 4.5 of the Contract, payment shall
be made by the Collection Escrow on Seller's behalf and proof of payment provided to Purchaser.
Lessee shall promptly pay any premium not paid by Collection Escrow for any reason so as to
ensure that there is no lapse in coverage.
4.2 Lessee shall maintain casualty insurance on Lessor's Property in the amounts and on
such terms as shown in Exhibit `C'. It is expressly agreed that Lessor has no obligation
whatsoever to insure the Premises or any portion thereof. In the event of a casualty loss to all or
some of Lessor's Property, Lessor shall be entitled to that portion of the proceeds from Lessee's
casualty insurance sufficient to repair or replace the subject Lessor Property or the fair market
value thereof, whichever is less. Lessor shall, however, not be obligated to repair or replace any
structure or other improvement but shall take reasonable and appropriate steps to secure and render
safe any damaged Lessor improvement. Lessee shall be under no obligation to insure Lessee's
Property or to reconstruct, repair or rebuild any such improvement lost or damaged due to casualty,
but shall be obligated to make any damaged Lessee's Property safe and secure and to remove all
Lessee's Property as provided in Section 7. As provided in Section 4.5 of the Contract, payment
shall be made by the Collection Escrow on Lessee's behalf, with proof of payment provided to
Lessor.
Section 5. Indemnification
5.1. The parties stipulate that as the most recent owner of the Premises, and the continuous
occupant thereof, Lessee is more knowledgeable about the condition of the Premises, including all
improvements and personal property, than is Lessor, including any latent defects or dangerous
conditions. Lessee has exclusive possession and control over the Premises subject to the terms and
conditions of this Lease. Accordingly, except as expressly provided in 5.2, Lessee shall save, hold
harmless, reimburse, indemnify and defend Lessor, its officers, agents and employees from and
against any and all claims, costs, expenses (including attorney fees), damages, fines or other
liabilities arising out of or in any way connected to the from the condition of the land, the
improvements or personal property or arising from or in any way connected to Lessee's activities
on the land, including but not limited to the activities of its officers, employees, agents,
contractors, customers and invitees.
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5.2. Notwithstanding the foregoing, and subject to the limits of the Oregon Tort Claims
Act, Lessor shall hold harmless, reimburse indemnify and defend Lessee, its officers, agents and
employees from and against any and all claims, costs, expenses (including attorney fees), damages,
fines or other liabilities arising out of or in any way connected to Lessor's negligent actions,
including modifications to the Premises.
5.3 The obligations of this Section 5 shall survive expiration or termination of this Lease.
Section 6. Sub-tenancies
Lessee may sublet or permit occupancy of any portion of the Premises for lawful use provided that
the terms of any sublease, tenancy or occupancy shall be consistent with the terms of and not
exceed the expiration of this Lease. Regardless of whether any formal lease has been entered into
or any tenancy established, Lessee shall deliver Lessor's property to Lessor at the conclusion or
termination of this Lease free and clear of any and all tenancies and occupants whether by right,
sufferance or hold-over. Lessee shall save, hold harmless and defend Lessor, its officers,
employees and agents against any and all claims or damages whatsoever arising from any person
occupying the property under claim of right or authority from Lessee, regardless of the merits of
such claim and including arising from an action by Lessor to remove any occupant. This obligation
shall survive expiration or termination of this Lease.
Section 7. Title to and Removal of Improvements and Personal Property
7.1 Title to all Lessee's Property and the personal property on the Premises is and will
remain in Lessee. Lessee will be entitled, for all taxation purposes, to claim cost-recovery
deductions and the like on Lessee's Property and personal property.
7.2 No later than the expiration of the term of this Lease, Lessee shall at its sole expense
and risk remove all of Lessee's Property, the manufactured dwelling owned by Lessee's foreman
and all personal property from the Premises, including all herbicides, pesticides, petroleum
products or other hazardous materials and leave the Premises clean of debris. Lessee shall cut and
cap the irrigation lines serving Lessee's Property. No later than 90 days prior to the termination
date, Lessee shall provide to Lessor a plan demonstrating that such removal will be accomplished
as provided for herein. The removal shall be done in compliance with all applicable laws,
including but not limited to environmental rules and regulations related to asbestos, herbicides,
pesticides or any hazardous substance.
7.3 Except as provided in Section 3.4, in addition to and not in lieu of any remedy provided
for in the Contract, should Lessee fail to satisfy its obligation under Section 7.2, Lessor may
complete the removal and shall have an action against Lessee for all costs thereof, including
internal staff time and overhead.
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7.4. Notwithstanding Section 7.3, as regards failure of Lessee to remove the manufactured
dwelling owned by Lessee, Lessor's sole remedy shall be to deem the manufactured dwelling
abandoned and cause it to be used, sold, demolished or otherwise disposed of at Lessor's sole
expense.
Section 8. Compliance with all laws
8.1 Lessee shall use the Premises only for a commercial nursery propagation business,
together with residential use of the two manufactured homes, in the same manner and to an extent
comparable with its existing operation. Except to the extent of winding down its operations,
Lessee shall not substantially expand or modify its operations without the prior written consent of
Lessor.
8.2 Lessee shall use the Premises for only a lawful purpose, shall employ best practices
common to the industry and shall fully comply with all applicable laws, ordinances, rules and
regulations.
Section 9. Lessor's Access to the Premises
Lessee will permit Lessor, or its representative to enter the Premises and the Improvements with
advance notice and at reasonable times during usual business hours for purposes related to
eventual occupancy of the Premises by Lessor and to inspect for compliance with this Lease and
the Contract. Lessor shall not interfere with the operations of Lessee.
Section 10. Condemnation.
10.1 If all the Premises and the Improvements are taken or condemned by right of eminent domain
or by purchase in lieu of condemnation, or if in Lessee's sole judgment the taking or condemnation
of any portion of the Premises or the Improvements substantially interferes with Lessee's ability to
operate its business on the Premises, then Lessee may terminate this Lease on date on which the
condemning authority takes possession.
10.2 The rights and interests of the parties to proceeds of any settlement or award will be
determined as provided in the Contract.
Section 11. Default and Remedies
11.1 Time is of the essence of this Lease.
11.2 Events of default by Lessee:
(1) Failure to pay the taxes, other than the ad valorem real property taxes when due.
(2) Failure to remove Lessee's Property, and the manufactured dwelling owned by
Lessee's foreman at its sole expense as provided for in the Contract and this Lease.
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(3) Causing or suffering any lien or assessment to be placed on the property unless
first approved by Purchaser.
(4) Failure to maintain required insurance.
(5) Lessee becomes insolvent, makes an assignment for the benefit of creditors, files
a voluntary petition in bankruptcy, is adjudged bankrupt or a receiver is appointed for Lessee's
properties; the filing of any involuntary petition of bankruptcy and Lessee's failure to secure a
dismissal of the petition within seventy-five (75) days after filing; or the attachment of or the
levying of execution on the leasehold interest and Lessee's failure to secure discharge of the
attachment or release of the levy of execution within thirty (30) days.
(6) Failure to perform any other obligations contained in this Lease.
11.3 In the event of a default, Lessor shall first provide Lessee with written notice and 30
days opportunity to cure the default or take reasonably satisfactory steps toward cure. Upon
Lessee's failure to cure, Lessor may take any one or more of the following steps:
(1) At any time and without further notice reenter the Premises either by summary
eviction proceedings or by any suitable action or proceeding at law, or otherwise, and may
repossess the same, and may remove any person from the Premises, to the end that Lessor may
exclusively have, hold, and enjoy or relet the Premises.
(2) Regardless of whether Lessor retakes possession of or relets the Premises, Lessor
has the right to recover its damages, including without limitation all legal expenses, all costs
incurred by Lessor in restoring the Premises or otherwise preparing the Premises for reletting or
reuse, including securing or removing Lessee's Property, the foreman's manufactured dwelling and
any personal property.
(3) Specifically enforce the terms of this Lease.
(4) Terminate this Lease.
11.4 Events of default by Lessor:
Lessor shall be in default if, after 30 days written notice from Lessee and opportunity
to cure, Lessor fails to perform its obligations under this Lease, including payment of the ad
valorem real property taxes when due.
Upon Lessor's failure to cure, Lessee may take one or more of the following steps:
(1) Terminate this lease, but nothing herein shall excuse Lessee from its obligation
to remove Lessee's Property, personal property and the foreman's manufactured dwelling as
provided in Section 7 or its obligations under the Contract.
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(2) Specifically enforce the terms of this Lease.
Section 12. Termination and Surrender
12.1 This Lease shall terminate on the earlier of:
a. Three years from the Commencement Date.
b. Termination of the Contract. It is acknowledged that this Lease is contingent on the
Contract being in full force and effect.
c. Termination for breach as provided for in Section 11.
d. Mutual agreement of the parties.
12.2 On termination or expiration of this Lease, Lessee shall vacate, surrender and deliver
the Premises, free and clear of all sublets, tenancies, occupancies or encumbrances except those
approved by or the responsibility of Lessor and in full compliance with Section 7.
Section 13. Estoppel Certificate
Within fifteen (15) days after a request made by the other party, the party to whom the request was
made will, without charge, give a certification in writing to any person, firm, or corporation
reasonably specified by the requesting party stating (a) that this Lease is then in full force and
effect and unmodified, or if modified, stating the modifications; (b) that Lessee is not in default in
the payment of Rent to Lessor, or if in default, stating the default; (c)that as far as the maker of
the certificate knows, neither party is in default in performing or observing any other covenant or
condition to be performed or observed under this Lease, or if either party is in default, stating the
default; (d) that as far as the maker(if Lessor) of the certificate knows, no event has occurred that
authorized, or with the lapse of time will authorize, Lessee to terminate this Lease, or if such an
event has occurred, stating the event; (e)that as far as the maker of the certificate knows, neither
party has any offsets, counterclaims, or defenses, or, if so, stating them; (f) the dates to which Rent
has been paid; and (g) any other matters that may be reasonably requested by the requesting party.
Section 14. Waiver
The failure of either party at any time to require performance of any provision of this Lease will
not limit the party's right to enforce the provision, nor will any waiver of any breach of any
provision constitute a waiver of any succeeding breach of that provision or a waiver of that
provision itself.
Section 15. Merger
This document and the Contract are the entire, final, and complete agreements of the parties
pertaining to the Premises, and supersede and replace all prior or existing written and oral
agreements between the parties or their representatives relating to the Premises.
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Section 16. Notice
Any notice under this Lease must be in writing and will be effective when actually delivered in
person or deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the
party at the address stated in this Contract or such other address as either party may designate by
written notice to the other:
For Lessee: William B. Kenny
17180 SW Lasich Lane
Sherwood OR 97140
For Lessor: City Manager
City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
With a Copy to: Jordan Ramis, PC
Two Centerpointe Drive, 6th Floor
Lake Oswego, OR 97035
Section 17. Governing Law and Venue.
This Lease will be governed by, and construed in accordance with, the laws of the state of Oregon.
Venue for any action arising out of this Contract shall be the Circuit Court for Washington County
or the US District Court for the State of Oregon.
Section 18. Attorney Fees and Costs.
If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if suit or action
is instituted to enforce or interpret any of the terms of this Lease, or if suit or action is instituted in
a bankruptcy court for a United States District Court to enforce or interpret any of the terms of this
Lease, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert a
party's interest in a bankruptcy proceeding, including any appeal, the party not prevailing must pay
the prevailing party's attorney fees, costs and disbursements, including but not limited to
consultants, expert witnesses, title related and any other sums that the court or arbitrator may
determine to be reasonable.
Section 19. Interpretation
As used in this Lease, the singular includes the plural, and the plural the singular. The masculine
and neuter each include the masculine, feminine, and neuter, as the context requires. All captions
used in this Lease are intended solely for convenience of reference and in no way limit any of the
provisions of this Lease. This Lease shall be construed to operate consistently, and not in conflict,
with the Contract. Each party has been represented by counsel or been advised to retain counsel,
accordingly this Lease shall not be construed against in favor or against any Party, including the
Party drafting the provision(s) at issue.
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Section 20. Assignment and Beneficiaries
This Lease may not be assigned or transferred except with the written authorization of the other
party, which shall not be unreasonably refused except that nothing shall prohibit assignment or
transfer to either or both of Lessor's daughters in the event of Lessee's incapacity or death. This
Lease is for the sole benefit of the parties and there are no third party beneficiaries. It is binding
on the heirs, successors and assigns of the parties.
Section 21. Condition of Property
Except as provided otherwise in this Lease, Lessee accepts the Lessor's Property in its present
condition, AS IS, WHERE IS, including latent defects, without any representations or warranties
from Lessor or any agent or representative of Lessor, expressed or implied, except as otherwise
specifically set forth in this Lease. Lessee agrees that Lessee has ascertained, from sources other
than Lessor or its agents or representatives, the condition of Lessor's Property, its suitability for
Lessee's purposes, and the applicable zoning, building, housing, and other regulatory ordinances
and laws affecting the Lessor's Property. Lessee accepts the Premises with full awareness of these
ordinances and laws as they may affect the present use or any intended future use. Except as may
otherwise be specifically stated in this Lease, Lessor has made no representations with respect to
such condition or suitability of the Premises or such laws or ordinances.
Section 28. Memorandum of Lease
On the Commencement Date, the parties will cause a memorandum of this Lease to be recorded in
the real property records of Washington County, Oregon in a form reasonably acceptable to both
parties.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed in duplicate as of the
day and year first above written.
Lessor Lessee
By: t''�'�"( By:
Name: l�(yr-ka L.W)hO
Its: (atLl A�IQ�'�lDtCs
[Acknowledgments Continue on Next Page]
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STATE OF OREGON )
ss.
County of )
This instrument was acknowledged before me on S4nt1& 1C�, 2015, by
17LLLtrc ,(, GUGtl2J as of City of Tigard.
NORMA l ALLEY NOTARY PUBLIC FOR EGON
VNOTARY PLgRJC4)WQ( N My Commission Expires: h—7 �b/&
COMMISSION NO.465295 '
MY COMMISSION EXPIRES MARCH 2S,2016
STATE OF OREGON )
L ) ss.
County of I kMcl( )
This instrument was acknowledged before me on , 2015, by
William B. Kenny.
P BLIe N
OFFI IAL STAMP My Commission Expire f
RNNIM.MOODY
NOTARY PUBLIC•OREGON
COMMISSION N0.ON13
MY CAMMISSION EXPIRE8 MAR0pj 28,2019
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Preliminary-Report Order No.:7072-2406992
Page 9 of 10
Exhibit "A"
Real property in the County of Washington, State of Oregon, described as follows:
PARCEL I:
A portion of that tract of land in Section 18, Township 2 South, Range 1 West, of the Willamette
Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux,
recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more
particularly described as follows:
Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded
October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said
Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a
distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract
when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a
distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet
to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular
thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East
line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet,
more or less, to the point of beginning.
EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18,
Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of
Oregon:
Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W.
Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the
Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry
Hicklin Donation Land Claim No. 42; thence North 001 19'28" East, 546.52 feet; thence West 650.00 feet
to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed
Book 754, Page 282, Washington County, Deed Records; thence North 001 19'28" East, 356.97 feet;
thence North 881 50'25" East, 91.65 feet; thence South 001 19'28" West, 358.82 feet; thence West
91.62 feet to the true point of beginning.
PARCEL II:
The following described tract of land being situated in the Northeast one-quarter of Section 18, Township
2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon:
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest
corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16
corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said
Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0119'28"
East, S46.S2 feet; thence East 60.00 feet; thence South 00° 19'28" West, 546.52 feet to the point of
beginning.
PARCEL III:
The following described tract of land being situated in the Northwest one-quarter and the Northeast
onequarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of
Washington and State of Oregon:
First Amencan Title
Exhibit A, Page 1 Of 2 50014-72582 1296996.1 DOC)nAMJ19/1012015
Preliminary Report Order No.:7072-2406992
Page 10 of 10
Beginning at a point on the North line of the Henry Hicklin Donation land Claim No. 42 West 1130.00
feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of
the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence
continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the
bank North 200 46'32" West, 35.75 feet; thence North 360 59'20" West, 21.37 feet; thence North 210
27'20"West, 12.19 feet;thence leaving said top of bank, North 84059'44" East, 322.83 feet; thence
South 00° 19'28" West, 90.00 feet to the point of beginning.
NOTE: This legal description was created prior to January 01, 2008.
First American Title
Exhibit A, Page 2 of 2 50014-725821296996_1.DOCMAMJ/9/10/2015
Exhibit B
Kenny Property
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Exhibit B 50014-725821296996_1.DOCXL4MJ/9/10/2015
i
AGRIPLUS INSURANCE
Exhbit C POLICY DECLARATIONS
COUNTRY Mutual Insurance Company*
P.O.Box 14151,Salem,Oregon 97309-5069
POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT
A361-4035761 12 MONTHS ANNUAL 36001 WPORT/13959
To report a claim any time day or night,call 1-866-COUNTRY(1-866-268-6879). ACCOUNT NUMBER 7277638-001-00001
INSURED
Policy period beginning Jul 30,2015
KENNY WILLIAM B 12:01 a.m.standard time at your address.
16147 SW ROY ROGERS RD
SHERWOOD OR 97140-9292 Declarations reason LIABILITY CHANGE
LIABILITY COVERAGE CHANGE
NAME AND/OR ADDRESS CHANGE
LIENHOLDER CHANGE
Effective Jul 30,2015 12:01 a.m.standard time at your
address.
Your policy consists of the policy booklet,applications,
declarations pages and any endorsements. Please keep them
together.
You have only the coverages and amounts of insurance as stated in this declarations,subject to all provisions of your policy.
TOTAL PREMIUM $1,599.50 PREMIUM CHANGE -$7.65
DO NOT PAY THIS AMOUNT, ANY BALANCE DUE WILL BE LISTED ON A SEPARATE INVOICE.
PLEASE CONTACT YOUR FINANCIAL REPRESENTATIVE FOR ANY CHANGES.
FARM TYPE-NURSERIES
LOCATION OF PROPERTY COVERED
LCTN STREET ADDRESS/LOT&BLOCK/PHYSICAL DESCRIPTION/QTR,SECTION,TOWNSHIP,RANGE,COUNTY AND STATE
001 31 ACRES SEC 18 TWP 2S RANGE 1W WASHI COUNTY STATE OR
$1,000/250 DEDUCTIBLE EACH OCCURRENCE APPLICABLE TO SECTIONS 2,3,4J,5,6,7 AND 8 CC,DD,EE,HH,11
DESCRIPTION OF PROPERTY COVERED
LOSS LIMIT OF
ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM
(Refer to policy booklet)
001-01 LIABILITY 1 A 1,000,000 184.59
MEDICAL PAYMENTS 1 B
EACH PERSON 5,000 INCL
EACH OCCURRENCE 25,000 INCL
002-02 001 PERSONAL INJURY ENDORSEMENT 1 A,B 16.92
005-02 ADDITIONAL INSURED 1 A,B 12.75
106-12 001 DWELLING-BILL(A) 2 C 1 1 184,400 419.64
22 001 PERSONAL PROPERTY(A) 2 D 2-19 3 138,462 INCL
PERSONAL PROPERTY REPLACEMENT COST 8 DD INCL
30 001 ADDITIONAL LIVING EXPENSE 2 E 1 36,880 INCL
INFLATION 8 CC INCL
ENDORSEMENTS
EARTHQUAKE 131.00
INCLUDES EXTERIOR MASONRY
20%DEDUCTIBLE
DISCOUNTS
SAFE HEAT INCL
FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116.
21303(01-10/03) INSURED'S COPY Page 1
AGRIPLUS INSURANCE
POLICY DECLARATIONS
COLJNTRY Mutual Insurance Company*
P.O.Box 14151,Salem,Oregon 97309-5069
POLICY NUMBER I POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT
A361-4035761 12 MONTHS ANNUAL 36001 WPORT/13959
DESCRIPTION OF PROPERTY COVERED
LOSS LIMIT OF
ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM
(Refer to policy booklet)
300-50 FARM PERSONAL PROPERTY 7 W 2-21,26827 3 100,000 278.80
ENDORSEMENTS
FARM PERSONAL PROPERTY LIMITATION
400-70 001 OLD HORSE BARN/MCHINE SHED (A) 6 V 2-19 3 19,200 36.55
ENDORSEMENTS
EARTHQUAKE 9.00
INCLUDES EXTERIOR MASONRY
20%DEDUCTIBLE
401-70 001 STORAGE BARN/GP SHED (A) 6 V 2-19 3 33,024 62.90
ENDORSEMENTS
EARTHQUAKE 16.00
INCLUDES EXTERIOR MASONRY
20%DEDUCTIBLE
402-70 001 SHOP (A) 6 V 2-19 3 20,000 38.25
ENDORSEMENTS
EARTHQUAKE 9.00
INCLUDES EXTERIOR MASONRY
20%DEDUCTIBLE
403-70 001 OFFICE (A) 6 V 2-19 1 128,100 243.10
INFLATION 8 CC INCL
ENDORSEMENTS
EARTHQUAKE 60.00
INCLUDES EXTERIOR MASONRY
20%DEDUCTIBLE
410-70 001 PUMPHOUSE (A) 6 V 2-19 1 8,600 17.00
INFLATION 8 CC INCL
ENDORSEMENTS
EARTHQUAKE 4.00
INCLUDES EXTERIOR MASONRY
20%DEDUCTIBLE
895-95 IDENTITY THEFT 5 A 25,000 25.00
ENDORSEMENTS
END.239 IDENTITY THEFT EXPENSE/ADVOCACY
999-80 PACKAGE OF SPECIAL COVERAGES 5 K INCL
FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116.
21303(01-10/03) INSURED'S COPY Page 2
AGRIPLUS INSURANCE
POLICY DECLARATIONS
COUNTRY Mutual Insurance Company®
P.O.Box 14151,Salem,Oregon 97309-5069
POLICY NUMBER I POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT
A361_4035761 12 MONTHS ANNUAL 36001 WPORT/13959
DESCRIPTION OF PROPERTY COVERED
LOSST LIMIT OF
ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM
(Refer to policy booklet)
AGRIPLUS POLICY 35.00
POLICY TYPE 29
POLICY DISCOUNTS
MULTI-POLICY DISCOUNT INCL
POLICY ENDORSEMENTS
SPLIT DEDUCTIBLE
OREGON AMENDATORY
END.167 BIO/CHEMICAL TERRORISM EXCLUSION
The 2016 annual meeting for COUNTRY Mutual Insurance Company is April 20 at 1:00 pm, 1701 Towanda Ave., Bloomington, Illinois.
ADDITIONAL INTEREST CONDITIONS
NAME AND ADDRESS NAME AND ADDRESS
ADDITIONAL INSURED UNITED SALAD CO MORTGAGEE FARM SERVICE AGENCY
8448 NE 33RD DR SUITE 100 ITS SUCCESSORS AND/OR ASSIGNS
PORTLAND OR 97221 1080 SW BASELINE RD STE B3
HILLSBORO OR 97123-3823
LOAN NUMBER LOAN NUMBER 4302
LIMITED TO LIMITED TO
MORTGAGEE NW FARM CREDIT SERVICES FLCA ADDITIONAL INSURED CITY OF TIGARD
ITS SUCCESSORS AND/OR ASSIGNS ITS OFFICERS/EMPLOYEES/AGENTS
PO BOX 13309 REPRESENTATIVES
SALEM OR 97309 13125 SW HALL BLVD
TIGARD OR 97223
LOAN NUMBER 34903-442 LOAN NUMBER
LIMITED TO ALL BLDGS LOC 1 LIMITED TO
ADDITIONAL INSURED OREGON AZALEAS INC
16147 SW ROY ROGERS RD
SHERWOOD OR 97140
LOAN NUMBER
LIMITED TO
9/10/2015
M-D RVRESENTATN DATE CWRVQN
FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116.
21303(01-10/03) INSURED'S COPY Page 3
Assignment of Lease
THIS Assignment and Assumption of Lease("Agreement") is made as of this 10th day of September,
2015, between William B. Kenny ("Assignor")and the City of Tigard, an Oregon municipal corporation
("Assignee").
RECITALS
A. Assignor owns the fee interest in those certain premises described on Exhibit A attached and
incorporated hereto(the"Premises").
B. A portion of the Premises are leased pursuant to the lease documents attached and
incorporated as Exhibit B (collectively, the"Lease"). Assignor holds all right, title and interest in and to the
lessor's interest under the Lease.
C. Pursuant to that certain Contract of Sale and Escrow Instructions dated
August 12, 2015, between Assignor and Assignee (the "Agreement"), Assignor has agreed to sell the Premises
to Assignee and in connection with the sale has agreed to assign the Lease to Assignee and Assignee has
agreed to assume the Lease.
AGREEMENT
NOW, THEREFORE, for valuable consideration,the receipt and adequacy of which are hereby
acknowledged,the parties agree as follows:
1. Assignment.
Effective as of the Effective Date of this Assignment, Assignor hereby transfers, sets over and
assigns to Assignee all right,title and interest of Assignor in and to the Lease, TO HAVE AND TO HOLD the
same to Assignee, its successors and assigns forever; SUBJECT, HOWEVER,to each and every provision of
the Lease and as hereinafter provided.
2. Acceptance of Assignment.
Effective as of the Effective Date, Assignee accepts the within assignment and agrees to
perform and discharge all of the covenants, terms, conditions and provisions to be kept, observed and
performed by Assignor as lessor under the Lease.
3. Assignor's Indemnity of Assignee.
Assignor hereby agrees to defend and indemnify Assignee, its directors, officers, employees,
agents, representatives, successors and assigns, and each of them, from and against any and all claims, suits,
demands, causes of action, actions, liabilities, losses, damages, costs and expenses (including reasonable
attorney's fees) arising out of or resulting from any breach or default committed or alleged to have been
committed by Assignor as lessor under the Lease prior to the Effective Date.
4. Assignee's Indemnity of Assignor.
Within the limits of the Oregon Tort Claims Act and Oregon Constitution, Assignee hereby
agrees to defend and indemnify Assignor, and its respective directors, officers, employees, agents,
Page 1 —Assignment of Lease 50014-72582 1296987 1.DOCAWJ19/10/2015
representatives, successors and assigns, and each of them, from and against any and all claims, suits, demands,
causes of action, actions, liabilities, losses, damages, costs and expenses (including reasonable attorney's fees)
arising out of or resulting from any breach or default committed or alleged to have been committed by
Assignee, its successors or assigns, as the lessor under the Lease from and after the Effective Date.
5. Effective Date.
This Assignment shall be effective as of the date of recording of the deed conveying title to
the Premises to Assignee (the"Effective Date").
6. Counterparts.
This Assignment may be executed in one or more counterparts by the parties hereto. All
Counterparts shall be construed together and shall constitute one agreement.
7. Binding Effect.
This Assignment shall be binding on and inure to the benefit of the parties and their
respective heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly executed on
behalf of each of them respectively, by their respective officers thereunto duly authorized, in multiple
originals, all as of the day and year first above written.
ASSIGNOR ASSIGNEE
William B. Kenny City of Tigard,an Oregon municipal corporation
Byi/t� � By:
Name: ✓ JL
Its: C.f>f'L1 WIt+IOtAGr
Page 2 — Assignment of Lease 50014-72582 1296987 i.DOCXL4MJ19/10/2015
EXHIBIT A
Premises
Preliminary Report Order No.:7072-2406992
Page 9 of 10
Exhibit"A"
Real property in the County of Washington,State of Oregon,described as follows:
PARCEL I:
A portion of that tract of land in Section 18,Township 2 South, Range 1 West,of the Willamette
Meridian,in the County of Washington and State of Oregon,described in patent to Linus A. Ross,et ux,
recorded July 26, 1890 in Book 28,Page 371,Washington County,Oregon, Deed Records,more
particularly described as follows:
Beginning at the Southeast corner of that tract of land conveyed to John Lasich,et ux, by Deed recorded
October 22, 1931 in Book 148,Page 116,said Deed Records;thence West along the South line of said
Lasich Tract,a distance of 1070 feet;thence North parallel with the East line of said Lasich Tract a
distance of 560 feet,more or less,to a point which is 420 feet South of the North line of said Lasich Tract
when measured perpendicular thereto;thence West parallel with the North line of said Lasich Tract,a
distance of 650 feet;thence North parallel with the East line of said Lasich Tract,a distance of 370 feet
to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular
thereto;thence East parallel with the North line of said Lasich Tract,a distance of 1720 feet to the East
line of said Lasich Tract;thence South along the East line of said Lasich Tract,a distance of 930 feet,
more or less,to the point of beginning.
EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18,
Township 2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of
Oregon:
Commencing at the true point of beginning,located as follows from a stone on the centerline of S.W.
Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the
Northeast one-quarter of said Section 18;thence West 1070.00 feet along the North line of the Henry
Hicklin Donation Land Claim No.42;thence North 000 19'28"East, 546.52 feet;thence West 650.00 feet
to the true point of beginning,being the most Westerly Southwest comer of that tract described in Deed
Book 754,Page 282,Washington County, Deed Records;thence North 00° 19'28"East,356.97 feet;
thence North 88°50'25"East,91.65 feet;thence South 001 19'28"West,358.82 feet;thence West
91.62 feet to the true point of beginning.
PARCEL II:
The following described tract of land being situated in the Northeast one-quarter of Section 18,Township
2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon:
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No.42 at the Southwest
corner as described in Deed Book 754,Page 282,West 1070.00 feet from a stone marking the 1/16
corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said
Section 18 on the centerline of S.W.Beef Bend Road;thence West 60.00 feet;thence North 0°19'28"
East,546.52 feet;thence East 60.00 feet;thence South 000 19'28"West,546.52 feet to the point of
beginning.
PARCEL III:
The following described tract of land being situated in the Northwest one-quarter and the Northeast
onequarter of Section 18,Township 2 South, Range 1 West,of the Willamette Meridian,in the County of
Washington and State of Oregon:
ArstAmerican Tltk
Exhibit A, Page 1 of 2 50014-72582 12969871.DOCX1AW19/10/2015
Preliminary Report Order No.:7072-2406992
Page 10 of 10
Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No.42 West 1130.00
feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of
the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence
continuing West 291.09 feet to the top of the bank of the Tualatin River;thence along the top of the
bank North 200 46'32"West,35.75 feet;thence North 361 59'20"West, 21.37 feet;thence North 211
27'20"West, 12.19 feet;thence leaving said top of bank,North 84059'44" East, 322.83 feet; thence
South 001 19'28"West, 90.00 feet to the point of beginning.
NOTE:This legal description was created prior to January 01, 2008.
first Amenca�T?k
Exhibit B, Page 1 O1 4 50014-72582 1298987_1 DOC?CIAMJ/9/10/2015
EXHIBIT B
The Lease
regon
Department BarirooaneatalQusllty
ITi'd�lcy
;r30l.�borNW2291°-sbr?:tilt iS0
ttilicoro,OR]7124
vctctdc;7Y(SC�7643 37oa
�
ry
ry
Mwch 26,2009
William Benny
17130 SW Lss`.ch Lane m
Sbernood,Or 97110 ri
Uenr mr.Kean):
The Oregon 7epartate.t of EuVUOCmcutL1 Quad'y(D"Q)r1rC Qa3lity Mon boring section
appreciates yoti coopemlim std coaseut!n rRowing the p:scemN t of sn ambiens air qusliry o
oxnitericg Station on your pczper~y locates.at 17160 S%V.Lmioh Lase. The site will beoc=w ac mcg
inti
important&1 ioa to the= 3 network of 1ppr3x1rnat=1y 45 air mcaitc-ri*si-cs rhEt DEQ
mair5 s*stn vndc. 4pccificdy,the Site will pro,,ide i�"?crtaet W, w--ime ozon:(smog)
tk
dea and n-etecro:ogical dao(wind n=,c,wind daectien and terrperarwe as taq date be
pollutant transport). Your"nvolvcncnt is rrovidin2 a gre31 public service by helping to Make
this information possible-
-11:e site will be located along the sou±er.d of tie western most barn cin your property. The SAe
,Nit const ofa?'x?'x 3'tall,?refabrie3ted instrument shclber_ Ad;aceat to 4.e shelter will be 6
LC mete.tat',ligbtweigki aluautum tower thtt suQpors t:he oleerdlogictl sensor:' 71W soarer is
of a taFered triangular aon6guration 14"o:less to a side. Tac cowe-is de3lgned to be anchor--d
at ground level aid axuurod to ter shel'er by means or a special moLating kit to provide the
proper suppart.
Power will be supplisd to the site via m undergrot�d circ-At branched off of the b ZM's electrical
Kdd. DEQ will obtun any eleruicat tud buildiag permit required'3y W"hingtnn Co.mt).
DEQ willhire s liceaszd decries srnLtactrr:o kwa the electrical bwnch and ctetertseeded for
ort;monitoring motion. to additoa DEQ will set up the eloctricai service with the local power
pro wider in an account bi;led to and in the Verne of*e All cost of lits tnstm7leAon std
o?eratioo will be the responsibility of DEQ. Simiilarty,phow menice veli be instalted acd billed
dscctly to else DEQ.
Once opetatioaal,a DEQ twim c inn win mak-- l or 2 visits to the site cath weer•to pet
w
ro&ne service tbroagkent the summer months. A typical service isi'lasts between 30 enc 90
a nttc& lie ozone Maniteriag season begins tie fir3t of Moa uLd terminates at the cod of
September. At this time,the mciwroio¢ial egtupuxat will b:removed frval serum=or the
tourer End all inaaitarng e�uiprent shut down for the winter. The soelter and toner will rernin
lm:it.-.in prcparaion for the WOVting year's ozone mAaitndM WE-
" dllyear to
The DAQ agrees to pay V,rilliam Kenny thesum Of suof seven run&ed fifyoars Fer
rental reirnbursement annually bcginamg with be,Period July 7008 thsouegL Jt..l}2009. This m
agreement shat commence oo July 1.201)$. The-r.ms of the lean arc deeded crcn enicd.
Exhibit B, Page 1 of 3 50014-72582 1296987.1 DOCAAW19/10/2015
c
tcrwka"by either path'through wr ttnt notie'�99 day S prior to t--minalioa date. In the=VCn-.
r
n�
of early lmsr-erffiratinn��ilLans l�ermy agrees In rMiMW c DL+Q a13) f=43 cteAii In N
advance WC aot a*r+lie3 to-wwd-s lease DEQ&Srees it rewn Site to UP$tnL �Ocd•.tirm and tc t1� r�
satiafEction of own-r. v'
I have encic.sce a Federal jtzgt pst frr Tzxpayu ldeutL-75catinr.Number and Ca[ifi i'_on L'rVV-9)
form xh'ch must be zc-npleted and retuned before Payment can be proceasad- Ficfse nomplete
the W-4 form and return it to rac un tae stamped,;elf addressed cnvclop�p-ovidec. Also to
ea:.lose3 please find a sig xd copy of DEQ's Site n Wremert Ere L:Ebili y Mcas:.Pozen:o
rctAL3 along with this larer for y:)1r x.Lo cs. `he UaULt5 release Meets yar dtsing our
activities on}'our propert7f.
`ItenJt you agzin for your coop:ation with the natttt. Please aorta.~t Ctiri�ophrr MaGary,
Dvlarlc)-"enser>,OT myself a:`03-69;-57Cu,ur toll-free in Oregon st 1-300-452-401 l adb any
quc.tions at con-=rrs.
s"tC�el�'i /
1
� y
Teffjy 1V1.Smith-Air QLelity Monitor ng Mannbcr
LabnratmT arc Lr-AronmcaW A33e smontDivivO3
Oro2rn pcpadmeat of F.m•ircameuW Quality
2-50 NW 2:25th Avg S--Ie 150
Wlsbwc,019;124-6535
(--03)693-5719
�•t .fie aid tats.x 9
cc;Murk Hansen,{irn Phan-Business Office
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Exhibit B, Page 2 of 3 50014-72582 1296987.1 DOCXIAMJ19/10/2015
State of Oregon
Department of Environmental Duality
Air QualitY Monitoring Site Agreement
r
r
MAiarn Kenny(Owrerl,owns or has e=lusive rights to the property locateo a' m
17180 S1'V.Lasich Lare.Sherwood, D egon Owner grans ti
perm ssion;o the State of oreg_n Ccpsrtrtenc of Er,,,tranmental Quality 1 CEO)to
s t
inap,rreaintein and remove air samplrg equ prnan' on the Droaerty
DEO agrees to release Own3r,his or her ofice-s,agents and employees from all ,
iino rty for damages t.DEQ equipment insk3llled on the Property.
The State of Oregon sgrees 10 he responsib.e for any damage or third party
liat,ility whic`r may arise from the installation,mantenanoe, existence or removal
of the air sa-nal ng egtf.pr'jent subject 1W the l milmons 2rd coidWrs of ^e
0•egon Tort maims Act ORS 30.2, —30.300)and the Oregon Gcnstitution
'Arttcbe X,Section 71,to;Pw extent of I-atiRtir arsin3 out o1 the negug=nce Cf the
State The State shall not be requi ed to indernnify or def+ensoe tOwrOwnarF-ny
rabiliN arising out of the wtoncfut acts of ernployb agents
VVililam Kerny
17180 SW Lasich Lan:
Sherwood,OR g 7140
Will wr Kam v 'Jots -
Q�
U
W
d
Cirepon Dep4r•.men4 of Environmental QualdY(DEQ)
i
� Groy Pit!.,t7E oratTy�?n, ' �a6or
m
m
L4
Exhibit B, Page 3 of 3 50014-72562 1296987_1.DOCXIAMJ/9110/2015