MMD2015-00039 MMD2O15 - 00039
Rose City Barbell ,
Inc .
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2015-00039
ROSE CITY BARBELL, INC. T I G A R D
120 DAYS = April 28, 2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Rose City Barbell. Inc.
CASE NO.: Minor Modification (MMD) MMD2015-00039
PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite 100) at 9385
SW Greenburg Road.The space,4,847 square feet in size,is changing from a sales-
oriented retail use to an indoor entertainment use,Rose City Barbell,Inc.
APPLICANT: Collective Construction
Attn: Davi Rios
5543 NE Going Street
Portland,OR 97218
OWNER: Les Schwab Tire Centers
Atm:David Gibson
P.O.Box 5350
Bend,OR 97708
LOCATION: 9385 SW Greenburg Road,Suite 100
WCTM 1S126CA,Tax Lot 300
ZONING
DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway 217.
Primary uses permitted include office buildings, retail, and service uses. Also
permitted are mixed-use developments and housing at densities of 50 units per
acre. Larger buildings are encouraged in this area with parking under,behind or
to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and condusions on which the decision is based are noted
in Section IV.
:M1I)2015-00039 Ro,c( Barbell, Inc. 1
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 9385 SW Greenburg Road; south of SW Hall Boulevard and west of SW
Greenburg Road. The subject property is a 4,847-square-foot tenant space (Suite 100) within an existing
commercial building. The 2.35-acre development site is made up of one parcel and includes one 25,200-
square-foot commercial building, 119 parking spaces, and associated landscaping. The site is zoned
Mixed Use Commercial (MUC),and is located in the Washington Square Regional Center Plan District.
Proposal Description:
The applicant is proposing a change of use to a tenant space (Suite 100) at 9385 SW Greenburg Road.
The space, 4,847 square feet in size, is changing from a sales-oriented retail use to an indoor
entertainment use,Rose City Barbell, Inc.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
Section 18.360.060.0 states that a Minor Modification shall be approved, approved with
conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
Because the applicant has only proposed a change of use (from sales-oriented retail to indoor
entertainment), which primarily affects off-street parking regulations, that is the main focus of this
review. The subject tenant space (Suite 100) is 4,847 square feet in size; the remainder of the 25,200-
square-foot commercial building is occupied by Les Schwab Tire Center (Motor Vehicle
Servicing/Repair). The table below shows the site's minimum off-street vehicle parking requirement,
based on the calculations in TDC Table 18.765.2:
Square Minimum Off-Street Vehicle Total Parking Spaces
Use Category
Footage Parking Requirement Required
Motor Vehicle 20 353 2.0/1,000 square feet 41
Servicing/Repair but no less than 4.0
Indoor 4,847 4.3/1,000 square feet 21
Entertainment
TOTAL 62
Staff finds that 62 parking spaces are required for the entire development site, taking into consideration
the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is
adequate parking,with 119 parking spaccs provided.
Upon review of the applicant's plans and narrative,staff finds that all other applicable requirements are
met. This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in TDC 18.360.050.B.1-11 are either satisfied or do
not apply. Therefore,the proposed development is not a major modification. This criterion is met.
MMll2015-00039 Rose City Barbell,Inc. 2
CONCLUSION: The proposal is a Minor Modification of existing site development and is in
compliance with the applicable requirements of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON DECEMBER 31, 2015
AND BECOMES EFFECTIVE ON JANUARY 1, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(a,tigard-or.gov.
December 31.2015
APPROVED BY: Lina Smith
Assistant Planner
MMD2015-00039 Rose City Barbell,Inc. 3
APPLICANT
MATERIALS
RECEIVED
DEC 24 2015
City of Tigard CITY OF TIGARD
Is
COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING
TIGARD Minor Modification Type I Application
6
PROPOSAL SUMMARY (Brief description)
CAc n je Br ti 4-con, cd // i c, 1,9REQUIRED SUBMITTAL
,J ELEMENTS
Owner's Signature/Written •1
itSiitthorization 601241jpd
Transfer Instrument or Deed
te Plan(2 large plans drawn to scale
d one reduced to 8.5"x111/2")
Property address/location(s):
13 g l SW J 6reer? Vt. Applicant's Statement/Narrative
(2 copies)Address criteria in:
Tt 5s. I, B4( /7223 C 18.360.050.B.1-11
Tax map and tax lot #(s): SU/e //60 Filing Fee
Site size:
I OI ''J xi t I "I. Oyi.)
Applicant': _Ta vAl" QSDS 0( ahc+e/ ( ane- CaseNo.: r//J1A-QC)/S 000 g 9
Address: 5-5-Y? Air' 6011 St
1r� Related Case No.(s):
9
City/state: 1 Or-Ir1 ani , 4ZA Zip: ?'9 /s �� -
CD
Phone: 6/6- i/2 50'3- ' 5"83 7 Email: O1Q Co//Pc6 iliac mciri, tton pAxe4q, plication Fee:
or 5� -351- 5590 or hI c//hey(a/hci;/.GOTh Application accepted:
17S—
PROPERTY OWNER/DEED HOLDER(S)�` ❑Same as Applicant By' LC Date: ����� �
Name: , -p-F.
" LLC Application determined complete:
Address: ' By: L g Date: AQ 3o//c
City/state: / s1 C)( / V)Z Zip: 979 I:\CURPLN\MastersWnd Use Applications Rev 11/24/2014
Contact name:
Phone number:
.When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B)or
18.330.020(B)(2)must be addressed with a detailed response to each criterion. Failure to provide the information needed to
process the application would be reason to consider an application incomplete and delay review of the proposal.
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations, signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
,.,_ N..,,,...... .•••
- �.... ...,....q._. �..
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
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,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.
SIATURES of each owner of the subject property required.
/7).______
,, f' J /05 lz/ i t///-
Applicant's signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
Lina Smith
From: thedanceeternal@gmail.com on behalf of Collective Construction
<office@collectiveconstructionpdx.com>
Sent: Monday, December 28, 2015 12:03 PM
To: Lina Smith
Subject: Fwd: FW: Greenburg ,Portland oregon
Attachments: disclaim.txt
Follow Up Flag: Follow up
Flag Status: Flagged
Here is the approval for our specific plans that the Les Schwab representative sent. Please let me know as
soon as possible if anything else is necessary.
Forwarded message
From: <michael.clancyCa)ubs.com>
Date: Mon, Dec 28, 2015 at 11:05 AM
Subject: FW: Greenburg ,Portland oregon
To: officeacollectiveconstructionpdx.com
Iii Davi,
Below is the corporate ok from Les Schwab for the changes .
Thanks Mike Clancy
From: David Gibson <david.r.gibsonalesschwab.com>
Date: December 28, 2015 at 8:28:33 AM PST
To: Michael Clancy <mdclancyCa.gmail.com>
Cc: lgambeea live.com
Subject: Re: Greenburg ,Portland oregon
Plans are fine with us. Per the lease, please use licensed contractors and obtain all necessary permits.
Please provide a copy of the permits and final inspections to me.
Thank you.
i
David Gibson
Corporate Counsel
Les Schwab Tire Centers
541.416.5342
david.r.gibsonCa,lesschwab.com
Delivery: 20900 Cooley Rd., Bend, OR 97701
Mail: PO Box 5350, Bend, OR 97708
On Wed, Dec 23, 2015 at 9:22 PM, Michael Clancy <indclancyagmail.com>wrote:
FE David and Corey,
Thank you for signing the sub lease. Attached are drawings for improvements we need to make to be
compliant with the city of Tigard.
They are requesting an additional bathroom and we also want to add a shower,and storage room. We are
also asking for you too approve removing the floating wall which would give us full use of the space.
Within two weeks we will have signage that I'll submit for approval.
Thank you and Merry Christmas,
Michael Clancy
Rose City Barbell
2
NOTIC',F: This communication (including any attachments) may contain privileged or confidential
information intended for a specific individual and purpose, and is protected bylaw. If you are not the
intended recipient you should delete this communication and/or shred the materials and any attachments
and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of
any action based on it, is strictly prohibited.
Thank you.
Please visit our website at
http://financials ervicesinc.ubs.com/wealth/E-maildisclaimer.html
for important disclosures and information about our e-mail policies. For your protection, please do not
transmit orders or instructions by e-mail or include account numbers, Social Security numbers, credit card
numbers, passwords, or other personal information.
3
WARRANTY DEED-STATUTORY FORM
/9 Individual/Corporate
(Q Escrow Numbe : 1226138
Q Langly Properties, LLC, a Washington limited liability company
f‘,1)
Grantor, conveys and warrants to
SFP-B Limited Partnership, au Oregon limited partnership
Grantee, the following described real property free of encumbrances except as
specifically set forth herein situated in Washington County, Oregon:
See Attached Legal Description Exhibit "A".
yrASHINGTON COUNTY
't Y.
47;
ZA DATE
FEE PAID
11:41"ltas
The above described property is free from encumbrances except
THOSE SHOWN ON EXHIBIT "B" ATTACHED
OJ
HERETO AND MADE A PART HEREOF.
The true and actual consideration tor this conveyance is S 2,080,000.00
In
I )
Dated this 7 14' day of , i,tL I•i-i + ;if this deed is given by a corporate grantor,rts name is signed Dy its
pq authorized officers by authority of the Board of Directors.
Z
Langly Properties, L
y Z.
Z , THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY B d
Z µt DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF y � .
g APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE
pf SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
Fl 8 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 DEFINED IN ORS 30.930 ,j /1
STATE OF OREGON,County of STATE OF OREGON.County of A 1 L(f 7 it-tyyt ioaL
Personally atowed Person+Iy aPP' P.L. 59h, J#
K•, OFFICIAL SEAL
`*R►3� THERESA U.KILMER
® NOTARY PUBLIC-OREGON who,being duly worn,each for himself and not one for 0w other,did say that
COMMISSION NO.0611161
25,2 0D0 the former uIU
the prerd tter is the
t:fnury leeleterrof
11 COMMISSION EXPIRES JUL 26,2
La.44.3l �'ro his LLL
and acknowledged the foregoing
instrument b bo voluntary eU and deed and that this instrument was signed on behalf of the corporation,by authonty of
its board of directors and is acknowledged to be its voluntary act and deed
Before e: October , 1999 Before me
m
Notary Public for Oregon Notary Public for Oregon
My commission expires: My commission expires /w_57 U p
Alter recording return to:
STATE OF OREGON.
SFP-R Limited Partnership County of
P.O. Box 667 I certify that the within instru-
Prineville, Oregon 97754 ment was received for record on the
day of ,19
at o'clock_M.,and recorded in
book/reel/volume No. ,on
Until a change is requested all tax statements page or as fee/file instrument/
shall be sent to the following address
microfilm/reception No.______
sl l Is L,uftted Parut rsl,:,p Records of Deeds of said county.
P.O, Box 667 Witness my hand and seal of
Prineville, Oregon 97754 County affixed.
NAME TITLE.
BY Deputy
Form No.500-Computer
i /
EXHIBIT "A"
DESCRIPTION:
PARCEL I:
A tract of land being that tract of land conveyed to Fringe Land Ore. Ltd., by
deed recorded September 19, 1974, in Book 993, Page 387, Washington County Deed
Records and a portion of that tract of land referred to as Parcel II and conveyed
to Fringe Land Ore. Ltd., by deed recorded December 23, 1976, in Book 1133, Page
878, said Deed Records, located in the Southwest quarter of Section 26, Township
1 South, Range 1 West, of the Willamette Meridian and located in the City of
Tigard, County of Washington and State of Oregon, said parcel described
specifically as follows:
Beginning at a point which bears South 64°25'10" East, 268.82 feet and South
01 °30'00" West 594.73 feet from the most Northeasterly corner of that tract of
land conveyed to D.W. Creary by Deed recorded November 5, 1965, in Book 576, Page
196, said Deed Records; thence from said point of beginning, South 88°05'00"
East, 287.71 feet to the West right-of-way line of SW Greenburg Road as conveyed
to Washington County by Dedication Deed recorded, July 2, 1979, in Document
Number 79-25766, said Deed Records, said West right-of-way line being 42.00 feet
from the center line thereof, measured perpendicular thereto; thence South
00°57'11" West, parallel with and 42.00 feet from the center line of SW Greenburg
Road, measured perpendicular thereto, 126.99 feet to an angle point in the West
right-of-way line of SW Greenburg Road; thence South 12°08'42" West, along the
West right-of-way line of SW Greenburg Road, non-parallel with the center line
thereof, 50.85 feet to a point which is F'`.00 feet from the center line thereof,
measured perpendicular thereto, said point being an angle point in the West
right-of-way line of SW Greenburg Road; thence South 11°03'10" West, along the
West right-of-way line of SW Greenburg Road, non-parallel with the center line
thereto, 10.71 feet to a point of non-tangent curvature; thence leaving the West
right-of-way line of SW Greenburg Road, along the arc of a 146.00 foot radius
curve, concave Westerly, the central angle of which is 02°47'58", the long chord
of which bears South 29°39'01" West 7.13 feet, an arc distance of 7.13 feet to a
point of compound curvature; thence along the arc of a 46.00 foot radius curve,
concave Northwesterly, the central angle of which is 60°00'00", the long chord of
which bears South 61°03'00" West, 46.00 feet, an arc distance of 48.17 feet to a
point of tangency; thence North 88°57'00" West 232.99 feet; thence North
01 °03'00" East, 221 .05 feet to the point of beginning.
EXCEPT that portion conveyed to the City of Tigard by Dedication Deed recorded
August 14, 1996, Document No. 96072858.
PARCEL II:
A tract of land a portion of which was conveyed to Gordon R. Martin by Deed
recorded, December 30, 1969 in Book 767, Page 459, Washington County Deed Records
and a portion of which was conveyed to Winmar-Pacific, Inc., by Deed recorded May
1, 1970, in Book 778, Page 860, said Deed Records, located in the Southwest
quarter of Section 26, Township 1 South, Range 1 West of the Willamette Meridian
and located in the City of Tigard, County of Washington and State of Oregon, said
3
tract described specifically as follows:
Beginning at a point which bears South 64°25'10" East, 268.82 feet and South
01 °03'00" West, 449.53 feet from the most Northeasterly corner of that tract of
land conveyed to D. W. Creary by Deed recorded, November 5, 1995, in Book 576,
Page 196, said Deed Records; thence, from said point of beginning, South
88°05'00" East, 287.46 feet to the West right-of-way line of Southwest Greenburg
Road as conveyed to Washington County by Dedication Deed recorded, July 2, 1979
in Document Number 79-25766, said Deed Records, said West right-of-way line being
42.00 feet from the center line thereof, measured perpendicular thereto; thence,
South 00°57'11'' West, along said West right-of-way line, 145.20 feet; thence,
leaving said West right-of-way line, North 88°05'00" West, 287.71 feet; thence
North 01 °03'00" East, 145.20 feet to the point of beginning.
EXCEPT that portion conveyed to the City of Tigard by Dedication Deed recorded
August 14, 1996, Document Number 96072858.
EXHIBIT B
EXCEPTIONS TO TIT.�.E
•
Regulations , including the power to acquire rights of ways and easements . and to
levy assessments of the Unified Sewerage Agency.
Regulations , including the power to acquire rights of ways and easements . of the
Tualatin valley Water District.
Construction. Operation and Reciprocal Easement Agreement. including the terms
and provisions thereof.
Dated : March 25, 1972
Recorded : May 865
1972
oPage : 1255
Affects additional property.
The above document was amended by instrument,
Recorded : July 19, 1973
Book : 936
Page : 284
Second Amendment,
Dated : November 1, 1987
Recorded : February 20, 1990
Recorder's Fee No : 90-08131
Requests for Notice thereunder were
A) Recorded : November 22. 1974
Book : 1001
8)Pa3
g Recorded : June 7 . 1977
Book : 1171
Page : 932
By : Connecticut General Life Insurance Company
And thereafter Third Amendment,
Dated : April 22, 1994
Recorded : June 29. 1994
Recorder's Fee No : 94-62510
An easement created by instrument, including the terms and provisions thereof,
Dated : June 7. 1979
Recorded : July 2, 1979
Recorder's Fee No. : 79025766
In favor of : Washington County
For : Traffic control facilities , slope and drainage
Location : Over the area adjacent to SW Greenburg Road
Covenants , easements and restrictions , but omitting restrictions , if any, based
on race. color, religion, national origin, or physical or mental handicap.
imposed by instrument, including the terms thereof.
Recorded : August 14, i996
Recorder's Fee No. : 96072859
Affects Parcels I and II
S
EXHIBIT B
(page 2)
Restrictive covenants , including the terms and provisions thereof, to waive right
of remonstrance.
Recorded : August 14. 1996
Recorder's Fee No. : 96072860
For : Street improvements
Affects Parcels I and II
Any rights interests or claims which may exist or arise by reason of the
following facts shown by survey,
By : W & H Pacific
Dated : September 15. 1999
Job : 04.0712. 0001
A) Power pedestal and line at the Northwest corner of Parcel II .
B) Telephone line along the North line of Parcel II .
Easement Agreement granted to PPR Washington Square LLC for utility lines, dated
October_, 1999 and recorded October 1999 under recording number
Washington County, Oregon.
Real Property Taxes not yet delinquent.
XE OF OREGON
SS
County of Washington
I, Jerry F aneart,,Director of Assess-
ment and Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said
county.
ALIczarr."
Jerry R. Hanson, Director of
Assessment and Taxation,Ex-
Officio County Clerk
Doc : 99122269
Rect: 242770 2136.00
10/29/1999 12:21:46pm
RECEIVED
DEC 24 2015
CITY OF TIGARD
St ilii EASE PLANNING/ENGINEERING
DATED: December Vit.20 t
ClIT\VEI:\: OC Outlet Store.lac.
dila Wholesale Outlet Store
1635 South 13eavercreek Rd.Oreton City.OR 97045 ("Suhlessor"t
AND: Michael Clancy
dba Rose City Barbell, inc.
5235 SW Meadows Rd. Suite 270,Lake Oswego,OR 97 035 ("Sublessee")
Sublessor.pursuant to an.\sciunment ot'Lease. leases from 1.es Schvti ab Tire
Centers of Portland,Inc.r'Master Lessor"),certain premises,located at 9335 SW Greenburg
Road, Tigard.Oregon,tthe"Premises")described in the tease dated August 25._10l4 between
Master Lessor and Sublessor.a copy of AN hich is attached as Exhibit A(the"Lease"), Sublessor
desires to sublease to Sublessee and Sublessee desires to sublease from Sublessor a portion of the
Premises described on Exhibit A ithe"Space')upon the tenus and conditions set forth in this
Sublease(the"Sublease").
TI ILltU,0RE.the parties agree as ibllows:
1_AGREEMENT TO sum,EAsE
Subject to Master l.essor's written consent to the terms of this Sublease.Sublessor
hereby subleases the Space to Sublessee and Sublessee,hereby subleases the Space from
Sublessor upon the terms and conditions set forth in this Sublease.
2.111RM
The term of this Sublease shall commence on iDecember 18. 101; and shall
expire. unless sooner teru►n►ated pursuant to the terms of the Lease or this Sublease.on
September 17.20 l7(the-berm").
3. EN
Sublessee shall pay Sublessor rent iii the amount of 55,000.00 per calendar month
4,with the first two troths&eel in advance beginning on March t,2016.after paying,their
prorated share for tate partial month of December and continuing on the first day of each calendar
month throughout the Term. MI rem shall be paid at the address of Sublessor set forth above or
to such other address as Sublessor may designate in writing to Sublessee:. Rent for any partial
calendar month shall be prorated based on a thirt .day month,
-t.LSE
-1.1 Sublessee shall Ilse the Space for the following use: exercise facility,and for
no other purpose. •
1.2 Except as expressly amended hereby.this Sublease is subject to all of the
terms and conditions of the lease to the extent said terms and conditions are applicable to the
Space. Sublessee shall not commit.nor permit to be committed on the Space.any act or
omission which would violate coy term or condition of the Lease or be cause for termination of
the Lease by Master Lessor. Sublessee shall in all respects comply with each and every term of
the I.ease applicable to the Spate as it'Sublessee were the tenant under the l.ease.in strict
compliance with the Lease.
4.3 Sublessor shall in all respects compl:* wah each and every term of the Lease
us if Sublessor were the landlord under the Lease. in strict compliance with the Lease.
5. TAXES. tNSt SRA CF' ekN1)t #'1LLl IES
Sublessee will provide a liability policy nautine the Landlord and the Tenant
pursuant to the terms of the Master Lease.
6.SIMITS l'.r,s AND sttl3LESj0R`S REf'RE.S1 NTAT1ONS
6.1 Sublessee acknowledties the provisions ot'the Lease and agrees to take the
Spate subject to all of the terms and conditions of the Lease.to use the Space within the
restrictions provided by.the Leese and to comply with all terms of the Lease attributable to the
Space.as i f Sublessee were the tenant and Sublessor +ere the landlord under the I.case.except
that Sublessee's amt shall be equal to the amount set forth in Section 3 of this Sublease.
sig Suhieesor represents and warrants that t:Nhibil A conntins a true. correct and
complete copy of the L ease. Sublessee acknowledges and agrees that it has read and is familiar
with the terns of the Lease.
.CONDITION OF PRr\•llsl:S: TRADE FIXTURES
Sublessor will deliver the Premises vacant and in-broom ciean"Condition.
Sublessee understands that any building iuiproventems, such as renewing walls.niust first be
approved in writing b. the Sublessor and Landlord.An changes to the premises at the end of
the sublease required by Les Schwab would be at the expense and responsibility of the sub
lessee.
8, RISK 01'l;QS
Sublessee shrill be fully responsible Icer and shall assume all risk of loss of its
personal property. t'nrniture.fixtures.equipment.and Jirrnishine.s in the Premises.
9.SECURITY DEPOSIT
When the Sublease is executed. the Sublessee will pay a security deposit of
SS000.00 securing payment and performance of all lease terms. which amount will be credited
to the last month grew. 'Tenant will pa) an additional amount equal to the tirst lull month rent
amount prior to_ieltimz a CeeSS to the Premises.which amount will be credited to the first full
month rent.
10_S1C1?ACGL
Sublessee shall have the right to install signage on the building subject to all
governmental rules and regulations and I.tittdlort.'s written rules and regulations. Si cage shall
be subject to Landlord's and Sublessor's approval,whose approval shall not he unreasonably
withheld. Sublessee will be s ranted a right by the Landlord to place a sandwich type sign in
front of the Landlord's property. Sublessee .will also be granted the right to place signage on the
Property in front of its Premises with written approval from the Landlord and subject to the
provisions oldie Master Lease.
I 1.'TRANSFER
Sublessee shall not assigu its interest under the Sublease or sublet all or any
portion ofthe Space without first obtaining Sublessor's and Master Lessor's prior written
consent. I t Master I.essor approves further subleasing or assignment by Sublessee. Sublessor
shall not unreusunablwithhold its consent. No assiipin+ent or sublease shall release Sublessee
from its obligations under this Sublease.
12. t`'l)r NIFIrsrloN
Sublessee hereby agrees to indemnify.defend. protect and hold harmless
Sublessor and Master Lessor from and against an and all losses.liabilities.claims,costs.and
expenses(including reasonable a►tornev Ileesi arisinv out of or in city:vat'related to Sublessee's
failure to perform its obligations under this Sublease or arising out of use of the Space by
Sublessee or its agents,employees.contractors,customers. or invitees.
I 3. pl`.l•AULL
to the event daily thilure of Sublessee to perform an obiiuTation under this
Sublease.then Sublessor shall have all rights and remedies allowed to Master I.essor under the
1.ease.
I t.\t. •1 l.A\{.t! 'S PR VI.' :S
14,1 rJttorn.ys' Fees. In the event a suit.action.arbitration, or other proceeding
ot'anv nature whatsoever. including without limitation any proceeding under the U.S.
13anl'ruplcy Code. is instituted.or the services of an attorney are retained,Lu interpret or eutorce
ail)• provision of this Sublease or with respect to any dispute relating to this Sublease. die
prevailing purishall be entitled to reco..er front the losing party its atturne paralegals'.
accountants'.and tither experts' fees and ail other tees.costs.and expenses actually incurred and
reasonably necessary in connection theretv WI. In the event of suit.action.arbitration.or other
proceeding.the amount thereof shall be determined by the judge or arbitrator. shah include fees
and expenses incurred on an appeal ur review.and shall be in addition to all other amounts
pros itled by law.
1.1.2 Noli::es, Notices under this Sublease shall be in writing and shall be
etl'r:ctive when actually delivered or two days after depasitin« in the United States Mails.
certified. return receipt requested.directed to the other party at the address first set forth abrwe.
Either patty mai,chance its address for notices by written notice to the other party.
14.3{'"ri1 telt to �f;reenient. This Sublease constitutes the complete and final
agreement of the pan ies with respect to the matters covered by this Sublease and supersedes and
replaces all prior written and oral agreements.
14.4 Master Lessor's Consent. l'hc effectiveness of this Sublease is conditioned
upon and subject to Master Lessor's execution of the Consent of Master 1.essor attached to this
Sublease.
I5. BROKER Itt P111:.til;N'I'An'iON
Sublessee and tenant Aa Aarrata to each other that they have dealt with no colter real
estate broker in connection with this transaction other than KW Commercial. Portland Premiere
and CIRA.NW . Inc. tenant agrees to pay any and all brokerage fees relating to the Sublease
between the Sublessee and the Tenant.
1i7,�1S r1RANIQ1
Michael C land will guaranty the pertiirmance()Call the tests and conditions.
111'111 th rut the entire term of the sublease.
17.ADM tIONAI. 1 :1tMS
a. Sublessee shall procure from the adjacent 1t'ttsltiugton Square shopping center
the use of a minimum of ten I I Ot parking Spaces adjacent to the Leased Premises.
provide evidence of the same to Landlord.and at all times during the term of this
Sublease maintain the a''ailahilin trod use of said spaces.
•
b. The parking available to the Sublessee shall be as set berth on Exhibit A hereto.
c. Sublessee shall maintain it:a visible location in its reception area a sign
notifyitti its users ct the narking spaces available to them.
cl, Sublessee shall have each member of its business sign a parking agreetttent in
substantially the forst attached hereto as Exhibit 13.
e, Sublessor and any guarantor under the I.ease are not released from any
abligations!order the Lase or attl _guaranty in any respect.
•fhe failure b: Sublessee to comply with tun) terms antis Sublease. including the
terms ot'this Section 17.shall be an event of default under the terms of the Lease.
IN WETNESS WHEREOF.the patties have executed this Sublease as of the date
tiom Set forth above.
SUBLESSOR:
OC Outlet Store.Inc.
�f i
BY: 1�iela � Dated: 1)ecember/ ) �, 9/5
?,t)tj
Name: �eso t tb
e2e.
Title: �i..neg... -e .
suni,i `SEr:
Michael Clanc` dba Rose City Barbell. Enc.
.4'..A.:164.1.!/4 •.•.•••C.:4P**71..:Z:(.......
_ Dated: December (O. /c
Michael Clancy
CONSENT OF MASTER LESSOR
Master Lessor hereby consents to this Sublease based upon the following
conditions:
tt. Ibis consent shall not be deemed a consent to any future sublease of the Space
or assignment of the Lease.
b. By this consent Master Lessor does nor warrant the accuracy of any of the
provisions of Elie Sublease.
1.es Schwab Ti Centers of Portkutd. Inc.
kit; Dated: December 2015
or
Ce)C1'1)1".1..,, ks.Secretary
CONSENT OF GUARANTOR
The undersigned -(ittarank)r-undo thin certain Persmal Guaranty dated Septenther .,_.2014.
hereby consents to this Sublease and confirms this ductuttent dues not chattte any 0111i-cations of
Guarantor ander the terms of the Personal Guarant).
/ I ,,•-,A.
1 i‘7,( ,1
/ ,- a(2
.-e.1— Dated: December,/('.2015
1/u-d'cl J.Ciatnbee
EXIIIIIII A
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EXHIBIT B
PARKING AGREEMENT
The undersigned member/user:;''User') of Rose City Barbell, located at 9385 SW
Greendurg Road. Tigard, Oregon. by signing below, acknowledges the following:
I. Parking for Rose City Barbell is limited to the spaces identified on the attached.
2. User agrees to utilize only those parking spaces identified on the attached.
3. If User uses any other parking space in the adjacent lot Users vehicle may be
towed and User will be solely responsible for all towing costs and any damage to
User's vehicle resulting therefrom.
Dated /2-40(/'
CITY OF TIGARD RECEIVED
Approved by Planning DEC 24 2015
Date: .12A,/2.---
CITY OF TIGARD
Initials: ________LS________— EXHIBITA PLANNING/ENGINEERING
--
7/---
- ` CRose City Barbell
Parking \
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Rose City _._ . —_--
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Barbell and Les U 0 0 L f a
Schwab Joint ., .` 1
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parki ,
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Sublease Form.docx
This site used to be a retail space named "Wholesale Outlet."We intend to change it to be a gym called
"Rose City Barbell."This is a minor modification according to TDC 18.360.050B because:
1. There are no dwellings being added, removed, or modified.
2. There are no There are no dwellings being added, removed, or modified.
3. The space is 4,847 square feet.At 4.3 parking spaces per 1000 square feet, 21 parking spaces are
required for a gym. There are 16 parking spaces available for Rose City Barbell's exclusive use and 27
of those are shared with Les Scwab. Les Schwab has an additional 42 parking spaces for their exclusive
use.
4. There will be no change to the type of commercial structure.
5. There will be no change to the building height.
6. There will be no change to accessways or parking areas.
7. This change will not cause an increase in vehicular traffic to and from the site.
8. This change will not increase the floor area for nonresidential use.
9. This change will not change the area reserved for common open space or usable open space.
10. This change will not reduce amenities.
11. This change does not modify the conditions imposed at the time of site development review
approval.
CITY CF TIGARD RECEIVED
Approves, by PI ening DEC 24 2015
Date: /€ ?2c—
CITY OF TIGARD
Initials: PLANNING/ENGINEERING