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MMD2016-00001 MMD2O16 - 00001 The Bridge VAR2O16 - 00001 The Bridge • • NOTICE OF TYPE I AND TYPE II DECISION PARKING ADJUSTMENT VAR2016-00001 III MINOR MODIFICATION MMD2016-00001 THE BRIDGE TIGARD 120 DAYS = August 3, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: The Bridge CASE NO.: Parking Adjustment(VAR) VAR2016-00001 Minor Modification (MMD) MMD2016-00001 PROPOSAL: The applicant requests an increase from the currently approved 11% reduction to the minimum off-street parking requirement at the Pacific Terrace Shopping Center to the full 20% reduction allowed by code. The purpose of this parking adjustment is to accommodate a new religious institution, The Bridge. The proposed space is 4,897 square feet in size, and will have 200 seats in the main assembly area. APPLICANT: The Bridge OWNER: Pacific Terrace Commercial,LLC Attn:Jared Strickland Attn: Edita M. Smith 13725 SW Hart Road 833 NW 170th Drive Beaverton,OR 97008 Beaverton,OR 97006 ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. LOCATION: 11507 SW Pacific Highway WCTM 1S136AD,Tax Lots 4000 and 4001 APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.765 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 conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NO"I'ICIOF DI?CIS1ON VAR2016-00001,N1N1D2016-00001/"111I?BRIDGE, PAGI'.I OF 6 • • SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 11507 SW Pacific Highway; north of SW Pacific Highway, west of SW 69th Avenue, and east of SW 71st Avenue. The subject property is a 4,897-square-foot tenant space inside an existing commercial building, and is part of the Pacific Terrace Shopping Center. The 2.68-acre development site is made up of two parcels (WCTM 1S136AD,Tax Lots 4000 and 4001) and contains five commercial buildings, 142 parking spaces, and associated landscaping. The site is located in the General Commercial (C-G) zone, as are adjacent properties to the south and west; adjacent properties to the north are zoned Low-Density Residential (R-4.5) and Medium-Density Residential (R-12); and adjacent properties to the east are zoned Professional/Administrative Commercial(C-P). In August 2013, the City of Tigard Planning Division approved a reduction to the minimum off-street parking requirement for this development, in order to accommodate an eating and drinking establishment (Case No. VAR2013-00008). Although the approval was for an 11% parking reduction, the applicant requests approval for a maximum 20% parking reduction, as allowed under TDC 18.370.020.C.6.a. In February 2016, the Planning Division also approved a lot line adjustment between Tax Lots 4000 and 4001 (Case No. LLA2016-00002). The purpose of this lot line adjustment was to modify the properties' legal descriptions, so they would match their configurations on the Washington County Assessment and Taxation Map (WCTM ISI36AD). Proposal Description: The applicant requests an increase from the currently approved 11% reduction to the minimum off- street parking requirement at the Pacific Terrace Shopping Center to the full 20% reduction allowed by code. The purpose of this parking adjustment is to accommodate a new religious institution, The Bridge. The proposed space is 4,897 square feet in size, and will have 200 seats in the main assembly area. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. An e-mail was received from Richard M. Garber on April 21, 2016. Mr. Garber expressed concern about on-street parking overflowing into the neighboring residential area as a result of this parking adjustment. RESPONSE: As discussed in Section V of this staff report, there is adequate on-site parking at the development site to accommodate the new religious institution,The Bridge. In addition, the applicant submitted a parking study that demonstrates how special characteristics of the customer, client, and employee population will reduce expected vehicle use and parking space demand at this shopping center. Furthermore, the applicant composed a written response to Mr. Garber, which stated The Bridge will discourage congregants from parking in the neighboring residential area. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS ADJUSTMENTS TO PARKING STANDARDS: Section 18.370.020.C.6.a states that by means of a Type II procedure, as governed by Section 18.390.040, the director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: i. Use of transit, demand management programs, and/or special characteristics of the No1'ICI?01.DECISION V'.182016-00001,1INI1)2016-00001/"1'I II I RRIDG1? I'AGI(2 01,6 # • customer, client, employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements; and The applicant submitted a parking study prepared by Kittleson & Associates, Inc. that demonstrates special characteristics of the customer, client,and employee population will reduce expected vehicle use and parking space demand at this development. Parking demand for The Bridge will peak on Sundays at 12 p.m. and 7 p.m.,when the religious institution holds its worship services. Parking demand for the entire development peaks on weekdays at 1 p.m. Accordingly, the table below illustrates the study's results for peak periods of parking demand: I).t\ Existing Demand Required Parking for The Bridge Surplus Sunda 51 s•aces 67 s aces 24 s•aces Weekda s 77 s•aces 50 s.aces 15 s•aces The calculations also incorporate a minimum off-street parking reduction for religious institutions, as allowed under TDC Table 18.765.2,Footnote 6: "Religious institutions may provide 1 space for every 4 seats on site in the main assembly area provided that they supply the city with a parking plan that demonstrates that the peak parking demand of 1 space for every 3 seats is met utilizing any combination of the alternatives mentioned in this chapter. Adjustments to the minimum parking of 1 space for every 3 seats may be granted per applicable provisions of the code,but shall not decrease the amount of required on-site parking to less than 1 space for every 4 seats (unless the cumulative value of all adjustments granted results in an adjusted requirement of less than 1 space for every 4 seats)." Overall, the results demonstrate that the Pacific Terrace Shopping Center will have surplus parking during both Sunday and weekday peak periods of demand. Furthermore,the 2.68-acre development is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: TABLE 1 Use Category Square Parking Spaces Percentage Total Parkin; Footage Required Required Spaces Required Sales-Oriented 9,854 30 100% 30 Retail Eating&Drinking 6,814 61 85% 52 Establishment Religious Institution 4,897 50 70% 35 Office 4,556 12 60% 7 Personal Services 3,660 9 60% 5 Fast Food Eating& 3,166 22 60% 13 Drinking Establishment Medical/Dental 2,100 8 60% 5 Office Repair-Oriented 2,044 7 60% 4 Retail Day Care 962 4 60% 2 TOTAL 154 TOTAL WITH 20% REDUCTION 123 NOTICE OF DECISION VAR2016-00001,MMD2016-00001/THE BRIDGE P;AGI?3 Ole 6 • • Staff finds that with the 20% reduction to the minimum off-street parking requirement, 123 parking spaces are required for the entire shopping center. Based on the applicant's submitted site plan, staff concludes there is adequate parking at the development site,with 142 spaces provided. This criterion is met. ii. A reduction in parking will not have an adverse impact on adjacent uses. The applicant submitted a narrative and study that concludes parking for the Pacific Terrace Shopping Center can be adequately accommodated on site. In addition to parking demand, there are site-specific characteristics that lessen the likelihood of off-site impacts. Multiple TriMet bus lines run directly along SW Pacific Highway, with a bus stop located immediately across the street from the shopping center. No on-street parking is permitted around the perimeter of the site, on SW Pacific Highway or SW 7151 Avenue. Surrounding commercial uses are equipped with adequate off-street parking. Therefore, staff finds the proposed 20% reduction to the minimum off-street parking requirement will not have an adverse impact on adjacent uses.This criterion is met. FINDING: Staff finds special characteristics of the customer, client, and employee population will reduce expected vehicle use and parking space demand at the Pacific Terrace Shopping Center, and that the proposed 20% reduction to the minimum off-street parking requirement will not have an adverse impact on adjacent uses. The approval criteria have been satisfied. IMPACT STUDY: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. This application is for a 20% reduction to the minimum off-street parking requirement at the Pacific Terrace Shopping Center. As demonstrated above, there is adequate on-site parking at the shopping center to accommodate a new religious institution, The Bridge; accordingly, this proposed parking reduction will not impact adjacent residential properties to the north. In addition, surrounding commercial uses are equipped with adequate off-street parking. It is not anticipated that this proposal will impact the City of Tigard sewer and stormwater systems, the Tualatin Valley Water District's water system, or the City of Tigard and Washington County's transportation systems. Furthermore, the proposed use will not generate any negative noise impacts. 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, which primarily affects off-street parking regulations,that is the main focus of this review. The change of use is to a religious institution with 200 seats in the main assembly area. As illustrated in Table 1, staff finds 123 parking spaces are required for the entire shopping center, taking into consideration the change of use discussed above, and the requested 20% reduction to the site's minimum-off street parking requirement. Based on the applicant's submitted site plan, staff concludes there is adequate parking at the development site, with 142 spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are met.This criterion is met. NO1I(:I?01,DECISION V'.AR2016-00001,A1NU2016-00001/'1'111.RRIIGI{ P 4 O1 6 S • 2. The modification is not a major modification. Staff finds that the changes listed in 1'UC 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. FINDING: Staff finds the proposed development is in compliance with all applicable requirements of this tide, and that this modification is not a major modification. The approval criteria have been satisfied. SECTION VI. OTHER STAFF COMMENTS Requests for comments were sent to the City of Tigard Building Division, Police Department, Public Works Department, and the Senior Transportation Planner. The Police Department and Public Works Department responded with no objections to the applicant's proposal. SECTION VII. AGENCY COMMENTS Requests for comments were sent to the Oregon Department of Transportation (ODOT), TriMet, and Tualatin Valley Fire and Rescue (TVF&R). TVF&R responded with no objections to the applicant's proposal. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 28 2016 AND EFFECTIVE ON MAY 13,2016 UNLESS AN APPEAL IS FILED. A ealeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code, which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 4:00 P.M. ON MAY 12,2016. X11 - ��.- - _�__ -_ ----- NOTICE OF DECISION VAR2016-00001,MMD2016-00001/17 11;BRIDGIi PAGI?5 OF 6 • S Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503) 718-2438 or LinaCS antigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. • --�- April 28,2016 APPROVED BY: Lina Smith Assistant Planner NO7'ICI:OI 1)l?(:ISION V\R2016-00001,MMI)2016-00001/TI I I{13RlI)( I: I'1(11,6 01,6 SITE PLAN Proposed Location for The Bridge 5 .% • 0 tilic i ., 7:7,,, ''''.- CITY OF TIGARD . NI. _ Approved by Planning Date: 4-0E /ICp • Initials: LS . . REQUEST FOR COMMENTS • I Lina Smith From: Lina Smith Sent: Wednesday,April 27, 2016 11:48 AM To: 'Rich Garber' Subject: RE: Case ID Number VAR2016-00001 Attachments: Living Hope Parking Study Memo_02-18-2016 - stamped.pdf; 2016-4-25 Applicant response.pdf Dear Mr. Garber, Thank you for your written comment; it has been incorporated into the land use case file for The Bridge Parking Adjustment (Case No. VAR2016-00001). Attached is a parking study conducted by a transportation engineer on behalf of the applicant. The parking study demonstrates how special characteristics of the The Bridge's customer, client, and/or employee population will reduce expected vehicle use and parking space demand at this shopping center. For example, The Bridge's worship services will be primarily held on Sundays, when many of the adjacent businesses will not have their hours of operation. In addition, attached is a written response from the applicant,Jared Strickland of The Bridge. Jared states that congregants will be discouraged from parking in the neighboring residential areas. Staff will mail out a decision on this proposal by the end of this week. If you have additional questions, please feel free to contact me at (503) 718-2438 or by e-mail. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail: LinaCSna,tigard-or.gov From: Rich Garber [mailto:rich garber@hotmail.com] Sent: Thursday, April 21, 2016 4:17 PM To: Lina Smith Subject: Case ID Number VAR2016-00001 Richard M Garber 10680 SW 71st Ave Portland, OR 97223 Community Development Department City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Attn: Lina Smith 1 Re Case ID Number VAR2016-00001• S Dear Sirs and Madams, I am strongly opposed to the parking adjustment requested in this proposal. A venue with seating for 200 seats is going to require parking for close to 100 cars. This activity should be subject to the same parking requirements that were thoughtfully proposed and accepted for all other activities in this area. There is no decent off-street parking in the area and I don't need more people parking in front of my mail box. If they want to have an activity center of that magnitude, they should provide parking on site for all the expected vehicles. If this means that they can't fit in that site, then that means it is the wrong site for them to be considering. Please deny the applicant's request for ANY reduction of the off-street parking requirements. Yours truly, Richard Garber 2 • Lina Smith From: Jared Strickland <jared@thisishope.com> Sent: Monday, April 25, 2016 1:45 PM RECEIVED To: Lina Smith Subject: Re: Living Hope Status Update APR 2 5 2016 CITY OF TIGARD Dear Mr. Garber PLANNING/ENGINEERING I appreciate you taking the time to express your concern. I have been involved in church planting and or with church operations for the past 15 years. I can assure you that people do not park on neighborhood streets to attend church. They may by accident but this is not a habit of consistent church attenders. We have worked with the city and a civil engineering team diligently for the past 6 months and have come to the conclusion that this parking lot would accommodate our needs without interfering with the surrounding businesses and neighborhoods. You voiced your concern about people parking in front of mailboxes. We specifically only meet on Sunday's at noon and 6 pm. Days in which the mail is not delivered so I can assure you we will make every effort not to park on any street and if someone were to slip by that request it would not interfere with your mail service. I will make it know to our group (publicly)that we at all cost DO NOT park in any of the surrounding neighborhoods. Hopefully this puts your mind at ease. The Bridge Sent from my iPad On Apr 25, 2016, at 10:22 AM, Lina Smith <LinaCS@tigard-or.gov>wrote: Dear fared, We received comment from a neighboring property owner, Mr. Richard M. Garber (attached). Please draft a written response that I can forward to Mr. Garber, and I'll also incorporate it into my staff report. I'll be in-and-out of meetings today, so if you have any questions, please contact me by e-mail. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail:LinaCSntigard-or.gov From: Tim Budelman [mailto:Tim6@@Norris-Stevens.com] Sent: Wednesday, April 20, 2016 10:38 AM To: Lina Smith; Brad Macomber Cc: jaredC�thisishope.com; Tom McGuire; Tim Budelman Subject: RE: Living Hope Status Update Lina—Is there an update you could provide? 1 ! ! Lina Smith From: Rich Garber <rich_garber@hotmail.com> Sent: Thursday, April 21, 2016 4:17 PM To: Lina Smith RECEIVED Subject: Case ID Number VAR2016-00001 APR 21 2016 Richard M Garber CITY OF TIGARD 10680 SW 71St Ave PLANNING/ENGINEERING Portland, OR 97223 Community Development Department City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Attn: Lina Smith Re Case ID Number VAR2016-00001 Dear Sirs and Madams, I am strongly opposed to the parking adjustment requested in this proposal. A venue with seating for 200 seats is going to require parking for close to 100 cars. This activity should be subject to the same parking requirements that were thoughtfully proposed and accepted for all other activities in this area. There is no decent off-street parking in the area and I don't need more people parking in front of my mail box. If they want to have an activity center of that magnitude, they should provide parking on site for all the expected vehicles. If this means that they can't fit in that site, then that means it is the wrong site for them to be considering. Please deny the applicant's request for ANY reduction of the off-street parking requirements. Yours truly, Richard Garber 1 • RECEIVED APR 2 5 2016 1111 • a CITY OF TIGARD PLANNING/ENGINEERING TIGARD REQUEST FOR COMMENTS DATE: .April 7,2016 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith,:Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: I.inaCS(a)tigard-or.gov VAR2016-00001 - THE BRIDGE PARKING ADJUSTMENT - REQUEST: The applicant requests a 20% reduction to the minimum off-street parking requirement for the Pacific Terrace Shopping Center. The purpose of this parking reduction is to accommodate a new religious institution, The Bridge. The proposed space is 4,897 square feet in size, and will have 200 seats in the main assembly area. LOCATION: 11507 SW Pacific Highway;Washington County Tax Map ISI36AD,Tax Lots 4000 and 4001.ZONE:C- G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which arc located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.370, 18.765 Attached are the Site Plan and Applicant's Materials for your review. From information supplied by various departments and agencies, and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 21, 2016, You may use the space provided below or attach a separate letter to return your comments. If you arc unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: /O' o0.-v J 3 / yf y • • RECEIVED 71APR 12 2016 CITY of TIGARD PLANNING/ENGINEERING TIGARD REQUEST FOR COMMENTS DATE: April 7,2016 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCSna,tigard-or.gov VAR2016-00001 - THE BRIDGE PARKING ADJUSTMENT - REQUEST: The applicant requests a 20% reduction to the minimum off-street parking requirement for the Pacific Terrace Shopping Center. The purpose of this parking reduction is to accommodate a new religious institution, The Bridge. The proposed space is 4,897 square feet in size, and will have 200 seats in the main assembly area. LOCATION: 11507 SW Pacific Highway;Washington County Tax Map 1S136AD,Tax Lots 4000 and 4001. ZONE: C- G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.765 Attached are the Site Plan and Applicant's Materials for your review. From information supplied by various departments and agencies, and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 21. 2016. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: / We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name&Number of Person Commenting: ..J ; \i\)04- ,\` 7T1(164 • Lina Smith From: Theresa Reynolds Sent: Thursday, April 07, 2016 12:06 PM To: Lina Smith Cc: John Goodrich Subject: FW: Request for Comments: Pacific Terrace Shopping Center Parking Reduction (20%) Attachments: 2016-4-7 Request for Comments.pdf As long as people park on Spruce and not in front of homes I don't see a problem. Theresa Theresa Reynolds Wastewater Operations Supervisor City of Tigard 503-718-2704 theresa@tigard-or.gov From: John Goodrich Sent: Thursday, April 07, 2016 11:34 AM To: Aaron Beattie; Rob Block; Sam Morrison; Theresa Reynolds; Vance Walker Subject: FW: Request for Comments: Pacific Terrace Shopping Center Parking Reduction (20%) Forwarding this to you all. I do not have any comments from my review. If you see anything, let's get it to Lina before the 21St Thanks, John John Goodrich Public Works Manager City of Tigard / Public Works Department x2609 From: Lina Smith Sent:Thursday, April 7, 2016 7:01 AM To: Buff Brown; Greg Berry; Jim Wolf;John Goodrich;John Wolff(TVFR); Mark VanDomelen; Mike McCarthy Subject: Request for Comments: Pacific Terrace Shopping Center Parking Reduction (20%) Good morning, Attached is a Request for Comments regarding a proposed 20% reduction to the off-street parking requirement at Pacific Terrace Shopping Center (11507 SW Pacific Highway). The applicant requests this reduction in order to accommodate a new religious institution, The Bridge (200 seats in the main assembly area). If you have any comments regarding this project, please submit them to me by 5:00 p.m. on Thursday, April 21, 2016. 1 Feel free to contact me at (503) 710438 or by e-mail if you have any quens. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail: LinaCSatigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." • 2 • • ligCli TIGARD REQUEST FOR COMMENTS DATE: April 7.2016 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Lina Smith.Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCS@tigard-or.gov VAR2016-00001 - THE BRIDGE PARKING ADJUSTMENT - REQUEST: The applicant requests a 20% reduction to the minimum off-street parking requirement for the Pacific Terrace Shopping Center. The purpose of this parking reduction is to accommodate a new religious institution, The Bridge. The proposed space is 4,897 square feet in size, and will have 200 seats in the main assembly area. LOCATION: 11507 SW Pacific Highway;Washington County Tax Map 1S136AD,Tax Lots 4000 and 4001. ZONE:C- G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.370, 18.765 Attached are the Site Plan and Applicant's Materials for your review. From information supplied by various departments and agencies, and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 21. 2016. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. — Please refer to the enclosed letter or email. Written comments provided below: — Name&Number of Person Commenting: j[TY OF TIGARD REQUEST FOR COMM 'TS NOTIFICATION LISSR LAND USE COMMUNITY DEVE ENT APPLICATIONS FILE NOS: FILE NAME: VAR2016-00001 THE BRIDGE PARKING ADJUSTMENT Mark the block to the left of the name of each person or organization that needs to be notified. CITY OFFICES CD Administration/Kenny Asher,CD Director CD Administration/Tom McGuire,Asst CD Director ✓ CD Administration/Buff Brown Sr.Transportation Planner(electronic copy) Citi-_ldministration/Carol Krager,City Recorder Development Services/Planning-Engineering Techs. (except annexations) ✓ Development Services/Development Eng.Greg Berry(Copy on all Notices of Decision) ✓ Building Division/Mark VanDomelen,Building Official ✓ Police Department/Jim Wolf,Crime Prevention Officer(Copy on all Notices of Decision) ✓ Public Works/John Goodrich ✓ Public Works/Mike McCarthy Public Works/Paul Izatt(Subdivisions ONLY-Full size plan set) Public Works/Jeremy Hanson Hearings Officer(2 sets) Planning Commission(12 sets) City Attorney File/Reference (2 sets) LOCAL AND STATE JURISDICTIONS City of Beaverton,Planning Manager,POB 4755,Beaverton OR 97076* City of Beaverton,Steven Sparks,Dev Svcs Mgr,POB 4755,Beaverton OR 97076* City of Durham City Manager,17160 SW Upper Boones Ferry Rd,Durham OR 97224* City of King City City Manager,15300 SW 116th Ave,King City OR 97224* City of Lake Oswego,Planning Director,PO Box 369,Lake Oswego OR 97034* City of Portland,Planning Bureau Director, 1900 SW 4th Ave,Suite 4100,Portland OR 97201 City of Tualatin Planning Manager,18880 SW Martinazzi Ave,Tualatin OR 97062* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Joanna Mensher,Data Resource Center (ZCA-Adopted)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Paulette Copperstone,(ZCA-RFC Only)* Metro-Land Use and Planning,600 NE Grand Ave,Portland OR 97232-2736,Brian Harper,PhD,(CPA/DCA/ZON)* ODOT,Rail Division,Dave Lanning,Sr.Crossing Safety Specialist,555 13th Street NE,Suite 3,Salem OR 97301-4179 (Notify if ODOT R/R-Hwy Crossing is only access to land).Email:Regionl_DEVREV_Applications@odot.state.or.us ODOT,Region 1 -Development Review Coordinator Carl Torland,Right-of-Way Section, 123 NW Flanders,Portland OR 97209-4037 (Vacations)* Email:Regionl_DEVREV_Applications@odot.state.or.us ✓ ODOT Region 1 Development Review Program,123 NW Flanders St,Portland OR 97209 Email:Regionl_DEVREV_Applications@odot.state.or.us OR Dept of Energy,Bonneville Power Administration,Routing F1'RC-Attn: Renae Ferrera,POB 3621,Portland OR 97208-3621 (powerlines in area) OR Dept of Aviation,Tom Highland,Planning,3040 25th Street,SE,Salem OR 97310(monopole towers) OR Dept of Environmental Quality(DEQ),Regional Administrator,700 NE Multnomah St#600,Portland,OR 97232 (Notify for Wetlands and Potential Environmental Impacts) OR Dept of Fish&Wildlife,Elizabeth Ruther,Habitat Biologist,North Willamette Watershed District, 18330 NW Sauvie Island Road,Portland OR 97231 OR Dept of Geo.&Mineral Ind.,800 NE Oregon Street,Suite 965,Portland OR 97232 OR Dept of Land Conservation&Dev.,Mara Ulloa,635 Capitol Street NE,Suite 150,Salem OR 97301-2540(Comp Plan Amendments&Measure 37)-You have the option to send electronic copies.See DLCD website for online submittal procedures (:\Community DevelopmentlLand Use Applications\VAR-Variances120161VAR2016.00001 The Bridge 11507 SW Pacific Hwy LS14_Written Comments\Request for Comments Notification List.xlsx Page 1 of 2 CA OF TIGARD REQUEST FOR COMMENlik NOTIFICATION LIST MR LAND USE COMMUNITY DEVELOfflitNT APPLICATIONS OR Division of State Lands,Melinda Wood(WLUN Form Required),775 Summer Street NE,Suite 100,Salem OR 97301- 1279 (Documents should be emailed/do not send hard copies) OR Parks and Rec Dept State Historic Preservation Office,725 Sumner St NE,Suite C,Salem OR 97301 (Notify if property has HD overlay) OR Public Utilities Commission,PO Box 1088,Salem OR 97308-1088 US Army Corps of Engineers,Kathryn Harris,Routing CENWP-OP-G,POB 2946,Portland OR 97208-2946(Maps and CWS letter only) Washington County Consolidated Communications Agency(WCCCA)"911",Kelly Dutra,17911 NW Evergreen Pkwy, Beaverton,OR 97006(monopole towers) Washington County,Dept of Land Use&Trans,Naomi Vogel-Beattie,1400 SW Walnut St MS 51 Hillsboro OR 97123- 5625(general apps)* Washington County,Assessment&Taxation,155 N First Ave,Suite 350,MS 9,Hillsboro OR 97124(ZCA)* Principal Planner,Community Planning,Washington County,Dept of Land Use&Trans,,Planning and Development Services,155 N First Ave,Suite 350,MS 14,Hillsboro OR 97124(ZCA)* Washington County,Dept of Land Use&Trans,Doria Mateja,Cartography,155 N First Ave,Suite 350,MS 14,Hillsboro OR 9.7.124(ZCA)* UTILITY PROVIDERS,SPECIAL DISTRICTS&AGENCIES Beaverton School District#48,Jennifer Garland,Demographics,16550 SW Merlo Rd,Beaverton OR 97006-5152 Century Link,Right-of-Way Department,Qwest Corporation dba Century Link QC,1208 NE 64th St,4th Floor,Seattle WA 98115 Century Link,Attn: John Pfeifer,1600 7th Ave,4th Floor,Seattle,WA 98191-0000(proposed and approved Annexation notices) Century Link,Karen Stewart,Local Government Affairs Director,310 SW Park Ave,Portland OR 97205(proposed and approved Annexation notices) Clean Water Services,Development Services Department,David Schweitzer/SWM Program,2550 SW Hillsboro Hwy, Hillsboro OR 97123* Comcast Cable Corp.,Gerald Backhaus, 14200 SW Brigadoon Court,Beaverton OR 97005(See map for area contact) Metro Area Communications Commission(MACC),Fred Christ,15201 NW Greenbrier Parkway,C-1,Beaverton OR 97006-4886(annexations only) NW Natural Gas Company,Brian Kelley,Engineering Coord.,220 NW Second Ave,Portland OR 97209-3991 NW Natural Gas Company,Account Services,ATTN: Annexation Coordinator 220 NW Second Ave,Portland OR 97209. 3991 (Annexations only) Portland General Electric,Lorraine Katz,2213 SW 153rd Drive,Beaverton OR 97006 Portland General Electric,Tod L.Shattuck,2213 SW 153rd Drive,Beaverton OR 97006 Portland Western R/R,Burlington Northern/Sante Fe R/R,Oregon Electric R/R,(Burlington,Northern/Sante Fe R/R predecessor),Bruce Carswell,President and GM,200 Hawthorne Ave SE,Suite C320,Salem OR 97301-5294 Union Pacific Railroad,Director of Public Affairs,301 NE 2nd Ave,Portland OR 97232(currently the PA Dir is Brock Nelson,503-249-3079) Tigard/Tualatin School District#23J,Teri Brady,Administrative Offices,6960 SW Sandburg St,Tigard OR 97223-8039 Tigard Water District,POB 230281,Tigard OR 97281-0281 Tualatin Hills Parks and Rec District,Planning Mgr,15707 SW Walker Rd,Beaverton OR 97006* ✓ Tualatin Valley Fire&Rescue,John Wolff,DeputyFire Marshall,11945 SW 70th Ave,Tigard OR 97223-9196* Tualatin Valley Water District,Administrative Office,1850 SW 170th Ave,Beaverton OR 97006* ✓ Tri-Met Transit Development,Ben Baldwin,Project Planner,1800 SW 1st Ave#300,Portland,OR 97201 (If project is within 1/4 mile of a transit route) Frontier Communications,John Cousineau,OSP Network,4155 SW Cedar Hills Blvd,Beaverton OR 97005 (Documents should be emailed to John.Cousineau@ftr.com-do not send hard copies) *Indicates automatic notification in compliance with intergovernmental agreement if within 500'of the subject property for any/all city projects(Project Planner is Responsible for Indicating Parties to Notify) This document is password protected. Please sec Joe or Doreen if you need updates to it.'Thank you. I:ICommunity DevelopmentlLand Use Applications\VAR-Variances120161VAR2016-00001 The Bridge 11507 SW Pacific Hwy LS14_Written Comments\Request for Comments Notification List.xlsx Page 2 of 2 i / Zoning Map _ Generalized Zoning Categories • L_ l PINE ST Legend II ® Subject Site R-4.5 , Description I I Residential --- ® Mixed Use Residential W - Mixed Use Central Business District ---- Q 1111Commercial R-I A 1111MixedUse Employment �[ L c ,• .. Industrial P LU I co - (,—z > Parks and Recreation -Washington County Zoning V) SPRUCE ST r~ --- - 1 " Overlay zones C—P Historic District Overlay •U....U.•..........uses MMMMMM......I f 0 V71 Planned Development Overlay ■u............u....u........� i ■.u.......................u...i ■P' A. N MMMMM Mgr ,1 0. • c •- Map Panted:05-Apr-16 INFORMATION ON THIS MAP IS FOR GENERAL LOCATION ONLY AND SHOULD BE VERIFIED WITH THE DEVELOPMENT SERVICES DIVISION. DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD IP MAKES NOT WARRANTY.REPRESENTATION.OR GUARANTEE AS TO THE CONTENT.ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO USABILITY FOR ANY ERRORS.OMISSIONS.OR INACCURACIES IN THE - INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. . ilt �� COMMUNITY DEVELOPMENT DEPARTMENT „A Place to Call Home" e _ MUE 13125 SW Hall Blvd City of Tigard Feet 0 120 240 Tigard,OR 97223 011 503 639-0171 • www.tigard-0cgov SITE PLAN Proposed Location for The Bridge cr 4 O III I55,O S, • J \ . .. cR c OT � �. � .e F SA ,�- • K ELSON & ASSOCIATES• , INC . TRANSPORTATION ENGINEERING / PLANNING 610 SW Alder Street,Suite 700, Portland,OR 97205 503.228.5230 503.273.8189 TECHNICAL MEMORANDUM Living Hope Fellowship— Parking Study Date: February 18, 2016 e01N� 15 F• , Project#:19888 To: Edita Smith, Pacific Terrace Commercial LLC X6511 ' From: Susan Wright, P.E. a _ -;�► cc: Brad Macomber, Norris and Stevens Inc. Project: Living Hope Fellowship d(# °" 1p,2d°b •Z► sq subject: Parking Assessment N L. W - FXDIRFS• LT3O/I Living Hope Fellowship is a place of worship with an existing location in Aloha, Oregon. They are proposing to open a second location in Tigard, Oregon located at 11507 SW Pacific Highway in the Pacific Terrace shopping center. The proposed Tigard location is anticipated to seat approximately 200 people in its sanctuary and have worship services on Sundays at 12:00 p.m. and 7:00 p.m. Additional small gatherings may occur on weekday evenings. Weekday daytime activities will primarily be limited to the activities of several staff members. The following memorandum documents the existing uses and existing parking demand at the Pacific Terrace shopping center to determine if adequate parking is available to meet the parking requirements for Living Hope Fellowship. EXISTING USES Table 1 summarizes the existing land uses and tenants at the Pacific Terrace shopping center. As shown, there is approximately 34,877 square-feet of gross leasable space plus a 3,100 square foot Burger King fast-food restaurant. Living Hope Fellowship is proposing to locate their worship service in 4,897 square-feet of space that is currently vacant. The land use category for Living Hope Fellowship is assumed to be "Worship" per the City of Tigard's Off-Street Parking and Loading Requirements code (Chapter 18.765 of the Development Code). Figure 1 shows the existing parking supply for the Pacific Terrace shopping center which includes a total of 142 parking spaces. FILENAME:H:IPROJFILEI19888-LIVING HOPE CHURCH PARKING VARIANCEIREPORTIDRAFTILIVING HOPE PARKING STUDY MEMO 02 18 2016.000( • • Living Hope Fellowship—Parking Study Project 8:19888 February 18,2016 Page 2 Table 1: Existing Pacific Terrace Shopping Center Tenants and Land Uses Tenant Address Land Use Square Feet Shears Ahead 11505 SW Pacific Hwy Suite A Personal Services 2,100 IWARA Offices 11505 SW Pacific Hwy Suite B Office 1,050 Holistic Pet Vet Clinic 11505 SW Pacific Hwy Suite D Medical Office 2,100 Engineering for Kids 11507 SW Pacific Hwy Day Care 962 Vacant(Living Hope Site) 11507 SW Pacific Hwy Suite A Retail 1,789 Vacant(Living Hope Site) 11507 SW Pacific Hwy,Suite D Retail 3,108 Tattoo 11509 SW Pacific Hwy Retail 1,560 Vine Gogh Private Event Space 11511 SW Pacific Hwy Eating&Drinking Establishment 2,288 Vine Gogh Artist Bar&Studio 11513 SW Pacific Hwy Eating&Drinking Establishment 2,526 Exclusive Salon Products 11515 SW Pacific Hwy,Suite A Retail 1,720 Cabinets Unlimited,Inc. 11521 SW Pacific Hwy Retail 1,040 FASTSIGNS Tigard 11525 SW Pacific Hwy Retail 3,614 Work Force 11527 SW Pacific Hwy Office 1,740 State Farm Insurance 11529 SW Pacific Hwy,Suite A Office 961 Skyline Cars,Inc. 11529 SW Pacific Hwy,Suite B Vehicle Sales&Rental 805 MDCRS,Inc. 11533 SW Pacific Hwy,Suite A Retail 1,022 Phone Repair 11533 SW Pacific Hwy,Suite B Retail 1,022 Halal Meat&Mediterranean 11535 SW Pacific Hwy Retail 3,480 Halal Restaurant 11535 SW Pacific Hwy Eating&Drinking Establishment 2,000 Burger King 11539 SW Pacific Hwy Fast Food Restaurant 3,100 Total 37,977 Figure 1: Existing Parking Supply +il7s .q ` � 1. ..- ..0.:',:_#..F .14,E I' ar_w s-, . J /''\ , ii f ' /ice /- ....xl I 7,/,.... , f�, / / il,/ '' a \ \ # 7 !� J; Site Parking Supply ;; .E J j� Standard 136 `�` ADA= 6 • ' '� Total = 142 3_ • e. -I Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 18,2016 Page 3 EXISTING PARKING DEMAND A parking study was conducted at the Pacific Terrace shopping center in 2013. The study found that weekday peak parking demand occurs in the early afternoon at 1:00 p.m. with demand for 69 parking stalls and remains steady until 4:00 p.m. at which point it tapers down throughout the evening. Since 2013, all vacant space within the shopping center has been filled with the exception of the currently vacant space proposed for the Living Hope Fellowship. A more recent parking study was conducted at the Pacific Terrace shopping center during multiple site visits, occurring at several different time periods over the course of several days from January 24th through February 7th, 2016. The study found that weekday peak parking demand occurs in the early afternoon at 1:00 p.m. with demand for 77 parking stalls, leaving approximately 65 available parking spaces. These conditions represent a minor increase over 2013 conditions which can be attributed to the additional retail and office tenants within the shopping center that were not present in 2013. The addition of Vine Gogh Artist Bar in 2013 increased parking demand in the evening (currently operating Wednesday through Sunday)from 6:00 to 9:00 p.m. when parking demand from other tenants is low. Exhibit 1 shows the approximate parking demand of the existing tenants over the course of a typical weekday. As shown, weekday parking demand at 7:00 p.m. (when the Living Hope Fellowship is likely to have weekday evening activities) is approximately 62 stalls. Therefore, there are approximately 80 stalls available for the Living Hope Fellowship weekday evening activities. Exhibit 1: Existing and 2013 Weekday Parking Demand and Supply 160 140 - 120 100 - Weekday Parking Demand(2016) 80 ---Weekday Parking 60 Demand(2013) Parking Supply 40 20 0 1 I E E EEEEEEEEEEEE r6 C6 ro ra a a Q a Q n a n n a 0o C o .-I ry .1 ry m v u1 r\ 00 rn Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project 8:19888 February 18,2016 Page 4 Parking demand was also reviewed on Sundays when Living Hope Fellowship's parking demand will be at its peak. The current Sunday peak occurs at 12:00 p.m. with demand for 51 parking stalls. The peak coincides with Sunday mid-day events at Vine Gogh Artist Bar (11:30 a.m. to 1:00 p.m.). Exhibit 2 compares the existing weekday and Sunday peak parking demands to the supply and the potential parking demand for Living Hope Fellowship per the parking code. As shown, there are approximately 91 parking stalls available on Sunday during the peak time period, which is adequate for Living Hope Fellowship's Sunday worship services and adequate per the City's off-street parking requirements of 67 spaces for a 200 seat sanctuary.' Exhibit 2: Existing Parking Demand and Supply 160 140 - 15 30 120 100 Excess Capacity 80 Required Living Hope Parking 60 w Existing Parking Demand 40 20 - -- 0 Sunday-12 p.m. Weekday-12 p.m. Weekday-7 p.m. PARKING REQUIREMENTS Chapter 18.765 of the City of Tigard's development code defines the minimum number of off-street parking spaces required for new developments and changes of use. It also includes provisions for reductions in the minimum parking requirements for developments with multiple tenants, such as the Pacific Terrace shopping center. Table 2 shows the parking reduction factors assumed for the Pacific Terrace shopping center by land use type based on total square footage of each land use. 1 Table 18.765.2 of the Development Code requires 1 parking space per 3 auditorium seats for a place of worship. Living Hope Fellowship is proposing a 200 seat sanctuary, which requires 67 parking spaces. The code permits application of 1 parking space per 4 auditorium seats for off-peak periods resulting in an off-peak code requirement of 50 spaces. Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project 4:19888 February 18,2016 Page 5 Table 2: Minimum Parking Reduction Factors Percentage of Required Use Category Square Footage Parking Required Sales-Oriented Retail 9,854 100%(Primary Use) Eating&Drinking Establishment 6,814 85%(Secondary Use) Religious Institution 4,897 70%(Tertiary Use) Personal Services 4,622 60% Office 4,556 60% Fast Food Restaurant 3,100 60% Medical/Dental Office 2,100 60% Repair-Oriented Retail 2,044 60% TOTAL 37,987 Table 3 identifies the required parking per the City of Tigard's development code for the existing land uses with the proposed Living Hope Fellowship at the Pacific Terrace shopping center applying the minimum parking reduction factors for mixed-use shopping centers. Kittelson&Associates,Inc. Portland,Oregon Living Hope Fellowship-Parking Study Project#:19888 February 18,2016 Page 6 Table 3: Parking Code Minimum Parking Requirements Tenant S.F. Parking Code Land Use Parking Minimum Required Reduction Required Parking w/ Parking Factor Reduction Shears Ahead 2,100 Personal Services 2.5 spaces/1,000 s.f. 5.25 0.60 3.15 IWARA Offices 1,050 Office 2.7 spaces/1,000 s.f. 2.84 0.60 1.70 Holistic Pet Vet Clinic 2,100 Med Office 3.9 spaces/1,000 s.f. 8.19 0.60 4.91 Engineering for Kids 962 Personal Services 2.5 spaces/1,000 s.f. 2.40 0.60 1.44 Tattoo 1,560 Personal Services 2.5 spaces/1,000 s.f. 3.90 0.60 2.34 Vine Gogh Private Event Space 2,288 Eating&Drinking 9 spaces/1,000 s.f. 20.59 0.85 17.50 III Vine Gogh Artist Bar&Studio 2,526 Eating&Drinking 9 spaces/1,000 s.f. 22.73 0.85 19.32 Exclusive Salon Products 1,720 Sales Oriented Retail 3 spaces/1,000 s.f. 5.16 1 5.16 Cabinets Unlimited,Inc. 1,040 Sales Oriented Retail 3 spaces/1,000 s.f. 3.12 1 3.12 FASTSIGNS Tigard 3,614 Sales Oriented Retail 3 spaces/1,000 s.f. 10.84 1 10.84 Work Force 1,740 Office 2.7 spaces/1,000 s.f. 4.70 0.60 2.82 State Farm Insurance 961 Office 2.7 spaces/1,000 s.f. 2.60 0.60 1.57 Skyline Cars,Inc. 805 Office 2.7 spaces/1,000 s.f. 2.17 0.60 1.30 ' MDCRS,Inc. 1,022 Repair Oriented Retail 3.3 spaces/1,000 s.f. 3.35 0.60 2.02 Phone Repair 1,022 Repair Oriented Retail 3.3 spaces/1,000 s.f. 3.37 0.60 2.02 Halal Meat&Mediterranean 3,480 Sales Oriented Retail 3 spaces/1,000 s.f. 10.40 1 10.44 Restaurant 2,000 Eating&Drinking 9 spaces/1,000 s.f. 18.00 0.85 15.30 i Burger King 3,100 Fast Food Restaurant 7 spaces/1,000 s.f. 21.70 0.60 13.02 TOTAL EXISTING TENANTS 33,090 151 spaces 118 spaces' l wing Hope Fellowship 4,897(200 seats) Religious Institution 1 space/4 seats' 50 0.7 352 TOTAL REQUIRED 37,987 201 spaces 153 spaces° MAXIMUM VARIANCE(20%reduction) 122 spacess 1 Reduced to 1 space per 4 seats on weekdays when Living Hope is not at their peak usage time per Table 18.765.2 of the Development Code. 2 Observed weekday peak per Exhibit 1 is 77 spaces indicating the existing land uses generate approximately 41 spaces less than the 118 spaces the code requires. 3 Required weekday parking for Living Hope Fellowship is approximately 35 spaces and well below the 65 available spaces. 4 Existing capacity is 142 spaces,approximately 11 fewer than the required 153 spaces with the proposed uses;however,there are currently approximately 65 unused spaces during the weekday peak so weekday parking will be adequate. 5 The maximum 20%variance down to a minimum of 122 spaces is well below the existing on-site parking supply of 142 spaces and meets requirements for a variance to the minimum parking requirement. Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 18,2016 Page 7 As shown in Table 3, the parking requirement for the existing and proposed tenants at the Pacific Terrace shopping center is approximately 153 parking spaces. Although this exceeds the available parking supply of 142 spaces by 11 spaces, field observations indicate that existing uses are generating less demand than the code requires and there is adequate parking available at the Pacific Terrace shopping center to accommodate Living Hope Fellowship during weekdays and weekends. The 142 spaces available are within the 20% maximum parking reduction allowed by the code which would allow a variance down to 122 spaces. Although the parking analysis indicates the on-site parking will be adequate; there are two additional sources of parking as well as good transit access to the site which could further reduce estimated parking demand. On-Street Parking The parking code allows places of worship to utilize on-street parking to meet some of their parking demand. There is available on-street parking within a reasonable walking distance along Spruce Street from 71St Avenue to 72nd Avenue (and beyond). Between 715t and 72nd Avenues there are approximately 20 on-street parking spaces. Observations during weekday evenings and Sunday mid- day identified a maximum parking demand of 2 spaces resulting in 18 additional parking spaces that could serve Living Hope Fellowship during their peak time periods. Transit The Pacific Terrace shopping center has access to high frequency transit that could be used by Living Hope Fellowship visitors as well as the other shopping center tenants and could further reduce estimated parking demand. The Pacific Terrace shopping center is located on Pacific Highway with transit stops located immediately adjacent to the site. These stops are served by TriMet Route 12 (a frequent service route — including 15 minute headways most of the day on Sundays) that provides access to the Tigard Transit Center (for connections to WES and other bus routes), the Barbur Transit Center, and to downtown for access to other bus routes and light rail lines. Additional bus routes 94 and 64 can be accessed by walking to 74th Avenue and Pacific Highway. FINDINGS AND CONCLUSIONS Although the site is short of meeting the parking code requirements, the site has adequate parking available to accommodate Living Hope Fellowship based on the following findings: • The existing parking supply for the Pacific Terrace shopping center includes a total of 142 parking spaces. • The existing weekday peak parking demand was found to be approximately 77 spaces while the code requirement for the existing tenants requires approximately 118 spaces. This indicates that the existing tenants generate a lower parking demand compared to the parking code and that there is adequate parking to accommodate Living Hope's weekday Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project 8:19888 February 18,2016 Page 8 parking code requirement of 50 spaces while leaving an excess of approximately 15 parking spaces. • The existing Sunday peak parking demand was found to be approximately 51 spaces. This indicates that Living Hope's weekend parking code requirement of 67 spaces can be accommodated on-site while still leaving an excess of approximately 24 parking spaces. • Based on this analysis, parking is anticipated to be adequate at the Pacific Terrace shopping center to accommodate Living Hope Fellowship on weekdays and weekends. • There is an additional source of off-site parking as well as good transit access to the site which could further reduce estimated parking demand. o There are approximately 18 additional on-street parking spaces available on Spruce Street that could serve Living Hope Fellowship during their peak time periods. o The Pacific Terrace shopping center has access to high frequency transit that could be used by Living Hope Fellowship visitors as well as the other shopping center tenants and could further reduce estimated parking demand. • The parking code requirement for the existing and proposed tenants is 153 spaces. This is 11 spaces higher than the existing parking supply of 143 spaces. A variance of 11 spaces is within the maximum allowable variance of 20% (down to 122 spaces) and there is adequate parking to accommodate the proposed uses. Additional information on how the proposed uses meet the variance criteria is included below. VARIANCE CRITERIA 18.370.020 C 7 (a) Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements, and Response: Use of Transit - The Pacific Terrace Shopping Center has access to high frequency transit that could be useful to Living Hope Fellowship congregants as well as the other shopping center tenants and could reduce the parking demand. The Pacific Terrace shopping center is located on Pacific Highway with transit stops located immediately adjacent to the site. These stops are served by Trimet Route 12 (a frequent service route — including 15 minute headways most of Kittelson&Associates,Inc. Portland,Oregon S Living Hope Fellowship—Parking Study Project#:19888 February 18,2016 Page 9 the day on Sundays) that provides access to the Tigard Transit Center (for connections to WES and other bus routes), the Barbur Transit Center, and to downtown for access to other bus routes and light rail lines. Additional bus routes 94 and 64 can be accessed by walking to 74th Avenue and Pacific Highway. Special Characteristics of the Customer— Living Hope Fellowship is a religious institution that will primarily operate on Sundays with some weekday evening activities and limited weekday daytime activity from several staff members. Weekday evenings and Sundays represent low overall parking demand periods for the shopping center. As shown in Exhibit 2, there is adequate parking capacity to meet the required parking for New Hope Fellowship during weekends and weekdays. (2)A reduction in parking will not have an adverse impact on adjacent uses. • Response: The reduction in parking will not have an adverse impact on adjacent uses as there is ample parking to accommodate the existing shopping center tenants and Living Hope Fellowship. As shown in Table 3, the existing weekday peak parking demand of the existing tenants was found to be significantly less than the code requirement for the occupied space (77 spaces occupied compared to a code requirement of 118 spaces). This indicates that the existing tenants generate a lower parking demand compared to the parking code. This is characteristic of a smaller shopping center without a large anchor tenant and is unlikely to change over time. In addition, the Living Hope Fellowship parking demand will occur in the evening and weekends, when the majority of the shopping center tenants have very little parking demand. We trust that this adequately addresses the criteria in the Tigard Community Development Code for a parking adjustment for the Living Hope Fellowship at the Tigard Terrace shopping center. If you have any further questions, please do not hesitate to call me at (503) 228-5230. Kittelson&Associates,Inc. Portland,Oregon • • MAILING / NOTIFICATION RECORDS • • AFFIDAVIT OF MAILING 1114 TIGARD I, Lina Smith,being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County,Oregon and that I served the following: (Check Appropriate Box(s)Below) ® NOTICE OF Type II Decision FOR: The Bridge Parking Adjustment (VAR2016-00001) ❑ AMENDED NOTICE ® City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and deposited in the United States Mail on April 28,2016,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the I f?.. day of NkQ 0 ,2016. 107 41N o \ C)k MY ` "),2018 NOTARY PUBLIC OF OREGON My Commission Expires: /3 / q/l • • Appeal Procedure Details The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code, which provides that a written appeal together with the required fee shall be filed with the Director within ten(10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 4 p.m. on Thursday,May 12,2016 Zoning Map Generalized Zoning Categories PINE _epi end sugecr Site R-4.5 Zone Descnplen i Residenlnl 11111 Mmrvl Una RaerMntml -Mixed Use Central Susanne Deduct -- ___i_ _ Q _Cmmu.cri R-12 _ NE Mired Ueo Einybyinimt MO Indusnrl W ME Palls and Recreation Q -Waenvplon County ionmp SPRUCE ST O a ay Z01162.X Historic()sect Overlay Planned Development Gurnee • R nap Pingo Ce ne 'PCP 6. MUE City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. I/CURPLN/Forms/OJ Staff Report/Notice of Type II Decision Templ_08 2812 • • EXHIBIT "B" 1S136AD06507 ALBERTSON,BARRY AISLING CREATION LLC 15445 SW 150TH AVE PO BOX 1120 TIGARD,OR 97224 BEAVERTON OR 97075 1S136AD03700 1S136AC04200 ANDERSON,CHRISTOPHER W ANDREWS,LINDA E ANDERSON,MEGAN GLAWE,CHRISTOPHER A 10660 SW 71ST AVE 7130 SW PINE ST PORTLAND OR 97223 TIGARD OR 97223 1S136AC03200 1S136AD06505 ARCHER,RUSSELL M TRUST BAILEY GOLSAN BUILDING LLC BOUCHER,MARK A 10998 SW 68TH PKWY 10745 SW 71ST AVE TIGARD OR 97223 TIGARD OR 97223 1S136AD04300 BEACH,DAYLE D.&EVELYN O. BANNING,MARK A TRUST 11530 SW 72ND AVENUE BANNING,PATRICIA E TRUST TIGARD,OR 97223 BANNING,MARK A&PATRICIA E TRS 3895 TAMARACK LN LAKE OSWEGO OR 97035 BEILKE,SUSAN BEILSTEIN,EJ .FN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 1S136AC00400 1S136AD01700 BESS,BOB G AND EVA JO BLUME,JULIE E&HENDRIK A 10595 SW 71ST AVE 6875 SW PINE ST PORTLAND OR 97223 TIGARD OR 97223 BONILLA,NACIA/STASNY,JAMIE BRENNEMAN,HEIDI METROPOLITAN LAND GROUP,LLC 11680 SW TIGARD DRIVE 17933 NW EVERGREEN PARKWAY,SUITE 300 TIGARD,OR 97223 BEAVERTON,OR 97006 1S136AD06800 BUEHNER,GRETCHEN BRIDGES,JON P PO BOX 230268 13065 SW FALCON RISE DR TIGARD,OR 97281 TIGARD OR 97223 1S136AC00401 CAFFALL,REX BURNETT,M LOUISE&CHARLES 13205 SW VILLAGE GLENN 10565 SW 71ST AVE TIGARD,OR 97223 TIGARD OR 97223 CAROL RENAUD CITY OF TIGARD WACO CPO NEWSLE ITER COORD. ATTN:CD/LS OSU EXT.SVC-CITIZEN INVOLVEMENT FACULTY 13125 SW HALL BLVD. 155 NORTH 1ST AVENUE SUITE 200 MS48 TIGARD,OR 97223 HILLSBORO,OR 97124 • • CONNERY,STACY 1S136AD04200 12564 SW MAIN STREET CORNISH,MARY D TIGARD,OR 97223 6721 SW PINE ST PORTLAND OR 97223 CRAGHEAD,ALEXANDER 1S136AC03000 12205 SW HALL BOULEVARD DASUE LLC TIGARD,OR 97223-6210 11902 SW 60TH PORTLAND OR 97219 1S136AD03400 DEFILIPPIS,VICTOR DEBAUW,JEFFREY PAUL 13892 SW BRAYDON CT 6918 SW PINE ST TIGARD,OR 97224 TIGARD OR 97223 ENGVALL,ANN ERDT,DON&DOROTHY 15461 SW 82 PL 13760 SW 121ST AVENUE TIGARD,OR 97224 TIGARD,OR 97223 1S136AD02500 1S136AC03300 EVENHUS,KYLIE A&GRANT M FAKIH,HAIDAR&LAMA 7039 SW PINE ST 10705 SW 71ST TIGARD OR 97223 TIGARD OR 97223 1S136AD02600 multiple: ISI36AC03400 to 1S136DB00201 FLOYD,KEVIN W&PEGGY L FRED MEYER STORES INC 7027 SW PINE ST STORE#375 TIGARD OR 97223 1014 VINE ST PROPERTY TAX 7TH FLOOR CINCINNATI OH 45202 FROUDE,BEVERLY 1S136AD03701 12200 SW BULL MOUNTAIN ROAD GARBER LIVING TRUST TIGARD,OR 97224 10680 SW 71ST AVE PORTLAND OR 97223 1S136ACO2900 GOODHOUSE,JOHN GIBBONS,NOREEN M 9345 SW MOUNTAIN VIEW LANE 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND OR 97223 multiple: 1S136DA00901 to 1S136DA01000 multiple: 1S136AD06504 to 1S136AD06700 GREENLAND GROUP LLC HALT,F PROPERTIES LLC PO BOX 1008 ATTN:DEPT 1100 NEWPORT OR 97365 20225 N SCOTTSDALE RD SCOTTSDALE AZ 85255 HAMILTON,LISA CPO 4B VICE CHAIR HARDING,TODD&HERING JR,BLAKE. 13565 SW BEEF BEND ROAD NORRIS BEGGS&SIMPSON TIGARD,OR 97224 121 SW MORRISON,SUITE,200 PORTLAND,OR 97204 • • 1 S 136AD06900 1 S 136AD03301 HATCH,LYNN A&SHARON K HAYES,KEVIN L 6955 SW PINE ST 10687 SW 69TH AVE PORTLAND OR 97223 TIGARD OR 97223 1S136AD03600 1S136DA00700 HAYWARD,JERED HI HAT INC 7008 SW PINE ST 11530 SW PACIFIC HWY TIGARD OR 97223 PORTLAND OR 97223 1S136DA00800 HOGAN,KEVIN HIGH HAT RESTAURANTS,INC 14357 SW 133RD AVENUE 11530 SW PACIFIC HWY TIGARD,OR 97224 TIGARD OR 97223 1S136AC03100 HOWLAND,HAROLD AND RUTH HOWARD,DAN L&DIANE M 13145 SW BENISH 1311 SNOWDEN RD TIGARD,OR 97223 WHITE SALMON WA 98672 1S136AD02601 1S136AD04100 HYLAND,BONNIE J B K PROPERTIES MANAGEMENT 7007 SW PINE ST 5102 SW SCHOLLS FERRY ROAD PORTLAND OR 97223 PORTLAND OR 97225 KEERINS,PATRICIA KIMMEL,DAVID 15677 SW OREGON ST.APT 209 1335 SW 66TH SUITE 201 TIGARD,OR 97140 PORTLAND,OR 97225 KNAPP,MONA LISA HAMILTON CHAIR CPO 4B VICE-CHAIR 9600 SW FREWING STREET 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD,OR 97223 TIGARD,OR 97224 LONG,JIM CHAIR,CPO 4M 1S136DA00600 10730 SW 72ND AVE LOUIE,STEVEN P&BEVERLY TRUST PORTLAND,OR 97223 LOUIE,CALVIN HENRY LOUIE,JOANNE ET AL PO BOX 80864 PORTLAND OR 97219 1S136AD07000 1S136AD04102 MARTINEZ,JUAN DORANTES MCKIBBEN-GETTYSBURG VENTURE 6924 SW PINE ST %KRICHMAR FAMILY 2012 TRUST TIGARD OR 97223 790 HERMOSA WAY LAGUNA BEACH CA 92651 MILDREN,GENE MURDOCK,NATHAN AND ANN MILDREN DESIGN GROUP 7415 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD,OR 97223 TIGARD,OR 97223 • • 1S136AD02800 NEAL BROWN.GRI NAJDEK,JENNIFER ROZALIA MEADOWS INC REALTORS NAJDEK,KARL 12655 SW NORTH DAKOTA STREET 6913 SW PINE ST TIGARD,OR 97223 TIGARD OR 97223 NEWTH,PATTY 1S136DB00190 12180 SW MERESTONE COURT OREGON,STATE OF DEPT OF TRANSPO TIGARD,OR 97223 ATIN:PROPERTY MANAGEMENT#06948 4040 FAIRVIEW INDUSTRIAL DR SE M SALEM OR 97302 1S136DB00100 multiple: 1S136AD04000 to 1S136AD04001 PACIFIC REALTY ASSOCIATES LP PACIFIC TERRACE COMMERCIAL LLC ATI'N:N.PIVEN BY SMITH,EDITA M 15350 SW SEQUOIA PKWY#300 833 NW 170TH DR PORTLAND OR 97224 BEAVERTON OR 97006 1S136AD05800 1S136AD02900 PACWEST ENERGY LLC REHMAN,MOHAMMAD 3450 COMMERCIAL CT 6909 SW PINE ST MERIDIAN ID 83642 TIGARD OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 1S136ACO2800 1S136AD07100 RUSSELL-HARRIS PROPERTY TRUST SCHOCH,MICHAEL&PENNY 24348 SW BAKER RD 8505 KERNON CT SHERWOOD OR 97140 LORTON VA 22079 1S136AD03800 1S136AD03300 SCHOEWE,CAROL A TRUST SCHWEITZ,EARL R/HOLLY D 10720 SW 71ST AVE 6910 SW PINE ST PORTLAND OR 97223 TIGARD OR 97223 1S136AD04301 1S136AC00300 SEE YOU LATER PROPERTIES LLC SI 1TEL,BETTY J 11475 SW PACIFIC HWY 10560 SW 72ND AVE TIGARD OR 97223 PORTLAND OR 97223 1S136AD03900 SPRING,BRAD SMITH,EDITA M REVOCABLE LIVING 7555 SW SPRUCE STREET 833 NW 170TH DR TIGARD,OR 97223 BEAVERTON OR 97006 STALZER,CHARLIE AND LAME SUNDBERG,ROSS 14781 SW JULIET TERRACE 16382 SW 104TH AVE TIGARD,OR 97224 TIGARD,OR 97224 • • THOMPSON,GLENNA 1S136ACO2400 13676 SW HALL BLVD UNIT 2 TOPPING,RICHARD TIGARD,OR 97223 KEMP,KATHERINE 19765 DERBY ST WEST LINN OR 97068 1S136DA00900 1S136ACO2700 TWELVE SAC SELF-STORAGE CORP VINCENT,BRADFORD 1250 E MISSOURI AVE 10640 SW 72ND AVE PHOENIX AZ 85014 TIGARD OR 97223 WALSH,DAVID 1S136AC04100 10236 SW STUART COURT WATSON,JAMIE NOEFLE TIGARD,OR 97223 10655 SW 71ST AVE TIGARD OR 97223 1S136AD06503 1S136AD02501 WAY W LEE GENERAL CONTRACTOR WEATHERS,GEORGE F&KATHRYN H 5210 SE 26TH AVE WEATHERS FAMILY TRUST PORTLAND OR 97202 10570 SW 71ST AVE PORTLAND OR 97223 WEGENER,BRIAN 9830 SW KIMBERLY DRIVE TIGARD,OR 97224 • • IN ■ AFFIDAVIT OF MAILING TIGARD I,Lina Smith,being first duly sworn/affirm,on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Bclovv} E NOTICE OF Type II Proposal FOR: The Bridge Parking Adjustment (VAR2016-00001) ❑ AMENDED NOTICE E City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit "A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit "B",and deposited in the United States Mail on April 7,2016,postage prepaid. Lina Smith STATE OF OREGON ) County of Washington ) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the g-7 day of 019 r i I ,2016. OFFICIAL STAMP ` ni \ 1q? NOTARY PUBLIC-OREGON COMMISSION NO.925741 Da--A4 •^Y COMMISSION EXPIRES MARCH 09,2018 NOTARY PUT IC OF OREGON My Commission Expires: 3 1 l ! l b III • EXHIBIT "A" Notice of a Type II Proposal _ i Parking Adjustments Review TIGARD Case ID: VAR2016-00001 Tigard Community Development Contact Information Date of Notice: Thursday,April 07,2016 120 days = Wednesday,August 03,2016 To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov If you would like to comment on this proposal, we need to receive your written comments by 5 p.m. on Thursday, April 21, 2016. Please mail or deliver your comments to 13125 SW Hall Blvd., Tigard, Oregon 97223. Include the Case ID Number: VAR2016-00001. Please address your comments to the appropriate staff person: Lina Smith. Information About the Proposal Description of the Proposal: The applicant requests a 20% reduction to the minimum off-street parking requirement for the Pacific Terrace Shopping Center. The purpose of this parking reduction is to accommodate a new religious institution,The Bridge. The proposed space is 4,897 square feet in size, and will have 200 seats in the main assembly area. Applicant: The Bridge Attn:Jared Strickland 13725 SW Hart Road Beaverton,OR 97008 Owner: Pacific Terrace Commercial,LLC Attn: Edita M. Smith 833 NW 170th Drive Beaverton,OR 97006 Proposal Address: 11507 SW Pacific Highway Legal WCTM 1S136AD,Tax Lots 4000 and 4001 Description: Zoning: C-G: General Commercial District Approval Criteria: Community Development Code Chapters 18.370, 18.765 What You Should Know About This Type II Proposal The proposed development requires a land use review. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. City of Tigard,Community Development Department•13125 SW Hall Blvd.,Tigard,Oregon 97223 III • Type II decisions are made by the Community Development Director after consideration of relevant evidence and public comments received during the open comment period. The decision will be mailed to the applicant and to owners of property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise entitled to a decision notice. The decision maker may: • Approve the proposal. • Approve the proposal with conditions. • Deny the proposal. All evidence considered in the decision will be contained in the public record and available for public review. If you would like to review this material, please schedule an appointment with Lora Garland, Records Management Specialist, 503-718-2483. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390.There is a fee charged for appeals. Attachments Included in this Notice Zoning Map Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. City of Tigard,Community Development Department•13125 SW Hall Blvd.,Tigard,Oregon 97223 N O O O UG . Zoning Map n Generalized Zoning Categoric, O ni! ST Legend P lo im p., -" ® Subject Site nZone Descripton o R-4.5 ._...__ — - ®Mixed Use Residential C ID R i. Lu _Mixed Use Central Business District ' Q —Commercial CD IR-� r _Mixed Use Employment ry L Of ®Industrial W co ^ C:3:1;21 ,,,.>ct Parks and Recreation 9 —-Washington County Zonmi: co 1.- 9, 9 co 0 SPRUCE ST t- overlay Zones •„Q _ P- C0 /X Historic District Overlay P \.r r T.Planned Development Overlay 9 i ,. E CD H _.Li, '6 _ - ' N -G = y •a c\G �p• AC\ P1 1 Mao PrerteO OSA or-16 0 t a ..N.TOR on Txs we.%EOR.4[44l LOC.•• .O 4.4.4.DOE VERRKO 4.171.TN(DEVELOP.•• ^ SERVGES DIVISION i-. (1.r OA.NE DERVEO PRON R (P ,44tE erg A 14•10OMf NOT MY ,. E. O M -0 IJ W e MUE Otto IN. dMr '3125 S.: 0 1•_'� Z� Tigard 503 6: • u i, TIGARD rM • • EXHIBIT "B" 1S136AD06507 ALBERTSON,BARRY AISLING CREATION LLC 15445 SW 150TH AVE PO BOX 1120 TIGARD,OR 97224 BEAVERTON OR 97075 1S136AD03700 1S136AC04200 ANDERSON,CHRISTOPHER W ANDREWS,LINDA E ANDERSON,MEGAN GLAWE,CHRISTOPHER A 10660 SW 71ST AVE 7130 SW PINE ST PORTLAND OR 97223 TIGARD OR 97223 1S136AC03200 1S136AD06505 ARCHER,RUSSFLT M TRUST BAILEY GOLSAN BUILDING LLC BOUCHER,MARK A 10998 SW 68TH PKWY 10745 SW 71ST AVE TIGARD OR 97223 TIGARD OR 97223 1S136AD04300 BEACH,DAYLE D.&EVELYN O. BANNING,MARK A TRUST 11530 SW 72ND AVENUE BANNING,PATRICIA E TRUST TIGARD,OR 97223 BANNING,MARK A&PATRICIA E TRS 3895 TAMARACK LN LAKE OSWEGO OR 97035 BEILKE,SUSAN BEILSTEIN,ELLEN 11755 SW 114TH PLACE 14630 SW 139TH AVE TIGARD,OR 97223 TIGARD,OR 97224 1 S 136AC00400 1 S 136AD01700 BESS,BOB G AND EVA JO BLUME,JULIE E&HENDRIK A 10595 SW 71ST AVE 6875 SW PINE ST PORTLAND OR 97223 TIGARD OR 97223 BONILLA,NACIA/STASNY,JAMIE BRENNEMAN,HEIDI METROPOLITAN LAND GROUP,LLC 11680 SW TIGARD DRIVE 17933 NW EVERGREEN PARKWAY,SUITE 300 TIGARD,OR 97223 BEAVERTON,OR 97006 1S136AD06800 BUEHNER,GRETCHEN BRIDGES,JON P PO BOX 230268 13065 SW FALCON RISE DR TIGARD,OR 97281 TIGARD OR 97223 1S136AC00401 CAFFALL,REX BURNETT,M LOUISE&CHARLES 13205 SW VILLAGE GLENN 10565 SW 71ST AVE TIGARD,OR 97223 TIGARD OR 97223 CAROL RENAUD CITY OF TIGARD WACO CPO NEWSLE1ThR COORD. ATTN:CD/LS OSU EXT.SVC-CITIZEN INVOLVEMENT FACULTY 13125 SW HALL BLVD. 155 NORTH 1ST AVENUE SUITE 200 MS48 TIGARD,OR 97223 HILLSBORO,OR 97124 • • CONNERY,STACY 1S136AD04200 12564 SW MAIN STREET CORNISH,MARY D TIGARD,OR 97223 6721 SW PINE ST PORTLAND OR 97223 CRAGHEAD,ALEXANDER 1S136AC03000 12205 SW HALL BOULEVARD DASUE LLC TIGARD,OR 97223-6210 11902 SW 60TH PORTLAND OR 97219 1S136AD03400 DEFILIPPIS,VICTOR DEBAUW,JEFFREY PAUL 13892 SW BRAYDON CT 6918 SW PINE ST TIGARD,OR 97224 TIGARD OR 97223 ENGVALL,ANN ERDT,DON&DOROTHY 15461 SW 82 PL 13760 SW 121ST AVENUE TIGARD,OR 97224 TIGARD,OR 97223 1S136AD02500 1S136AC03300 EVENHUS,KYLIE A&GRANT M FAKIH,HAIDAR&LAMA 7039 SW PINE ST 10705 SW 71ST TIGARD OR 97223 TIGARD OR 97223 1S136AD02600 multiple: ISI36AC03400 to 1S136DB00201 FLOYD,KEVIN W&PEGGY L FRED MEYER STORES INC 7027 SW PINE ST STORE#375 TIGARD OR 97223 1014 VINE ST PROPERTY TAX 7TH FLOOR CINCINNATI OH 45202 FROUDE,BEVERLY 1S136AD03701 12200 SW BULL MOUNTAIN ROAD GARBER LIVING TRUST TIGARD,OR 97224 10680 SW 71ST AVE PORTLAND OR 97223 1S136ACO2900 GOODHOUSE,JOHN GIBBONS,NOREEN M 9345 SW MOUNTAIN VIEW LANE 10730 SW 72ND AVE TIGARD,OR 97224 PORTLAND OR 97223 multiple: 1S136DA00901 to 1S136DA01000 multiple: 1S136AD06504 to 1S136AD06700 GREENLAND GROUP LLC HAT JP PROPERI'1hS LLC PO BOX 1008 ATTN:DEPT 1100 NEWPORT OR 97365 20225 N SCOTTSDALE RD SCOTTSDALE AZ 85255 HAMILTON,LISA CPO 4B VICE CHAIR HARDING,TODD&HERING JR,BLAKE. 13565 SW BEEF BEND ROAD NORRIS BEGGS&SIMPSON TIGARD,OR 97224 121 SW MORRISON,SU1Th,200 PORTLAND,OR 97204 • 1S136AD06900 1S136AD03301 HATCH,LYNN A&SHARON K HAYES,KEVIN L 6955 SW PINE ST 10687 SW 69TH AVE PORTLAND OR 97223 TIGARD OR 97223 1S136AD03600 1S136DA00700 HAYWARD,JERED HI HAT INC 7008 SW PINE ST 11530 SW PACIFIC HWY TIGARD OR 97223 PORTLAND OR 97223 1S136DA00800 HOGAN,KEVIN HIGH HAT RESTAURANTS,INC 14357 SW 133RD AVENUE 11530 SW PACIFIC HWY TIGARD,OR 97224 TIGARD OR 97223 1S136AC03100 HOWLAND,HAROLD AND RUTH HOWARD,DAN L&DIANE M 13145 SW BENISH 1311 SNOWDEN RD TIGARD,OR 97223 WHITE SALMON WA 98672 1S136AD02601 1S136AD04100 HYLAND,BONNIE J B K PROPERTIES MANAGEMENT 7007 SW PINE ST 5102 SW SCHOLLS FERRY ROAD PORTLAND OR 97223 PORTLAND OR 97225 KEERINS,PATRICIA KIMMEL,DAVID 15677 SW OREGON ST.APT 209 1335 SW 66TH SUITE 201 TIGARD,OR 97140 PORTLAND,OR 97225 KNAPP,MONA LISA HAMILTON CHAIR CPO 4B VICE-CHAIR 9600 SW FREWING STREET 16200 SW PACIFIC HWY SUITE H BOX 242 TIGARD,OR 97223 TIGARD,OR 97224 LONG,JIM CHAIR,CPO 4M 1S136DA00600 10730 SW 72ND AVE LOUIE,STEVEN P&BEVERLY TRUST PORTLAND,OR 97223 LOUIE,CALVIN HENRY LOUIE,JOANNE ET AL PO BOX 80864 PORTLAND OR 97219 1S136AD07000 1S136AD04102 MARTINEZ,JUAN DORANTES MCKIBBEN-GETTYSBURG VENTURE 6924 SW PINE ST %KRICHMAR FAMILY 2012 TRUST TIGARD OR 97223 790 HERMOSA WAY LAGUNA BEACH CA 92651 MILDREN,GENE MURDOCK,NATHAN AND ANN MILDREN DESIGN GROUP 7415 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD,OR 97223 TIGARD,OR 97223 • • 1S136AD02800 NEAL BROWN.GRI NAJDEK,JENNIFER ROZALIA MEADOWS INC REALTORS NAJDEK,KARL 12655 SW NORTH DAKOTA STREET 6913 SW PINE ST TIGARD,OR 97223 TIGARD OR 97223 NEWTH,PATTY 1S136DB00190 12180 SW MERESTONE COURT OREGON,STATE OF DEPT OF TRANSPO TIGARD,OR 97223 ATTN:PROPERTY MANAGEMENT#06948 4040 FAIRVIEW INDUSTRIAL DR SE M SALEM OR 97302 1S136DB00100 multiple: ISI36AD04000 to 1S136AD04001 PACIFIC REALTY ASSOCIATES LP PACIFIC TERRACE COMMERCIAL LLC ATTN:N.PIVEN BY SMITH,EDITA M 15350 SW SEQUOIA PKWY#300 833 NW 170TH DR PORTLAND OR 97224 BEAVERTON OR 97006 1S136AD05800 1S136AD02900 PACWEST ENERGY LLC REHMAN,MOHAMMAD 3450 COMMERCIAL CT 6909 SW PINE ST MERIDIAN ID 83642 TIGARD OR 97223 RORMAN,SUE RUEDY,ROBERT 11250 SW 82ND AVE 14185 SW 100TH AVENUE TIGARD,OR 97223 TIGARD,OR 97224 1S136ACO2800 1S136AD07100 RUSSELL-HARRIS PROPERTY TRUST SCHOCH,MICHAEL&PENNY 24348 SW BAKER RD 8505 KERNON CT SHERWOOD OR 97140 LORTON VA 22079 1S136AD03800 1S136AD03300 SCHOEWE,CAROL A TRUST SCHWEITZ,EARL R/HOLLY D 10720 SW 71ST AVE 6910 SW PINE ST PORTLAND OR 97223 TIGARD OR 97223 1S136AD04301 1S136AC00300 SEE YOU LATER PROPERTIES LLC SI ITEL,BETTY J 11475 SW PACIFIC HWY 10560 SW 72ND AVE TIGARD OR 97223 PORTLAND OR 97223 1S136AD03900 SPRING,BRAD SMITH,EDITA M REVOCABLE LIVING 7555 SW SPRUCE STREET 833 NW 170TH DR TIGARD,OR 97223 BEAVERTON OR 97006 STALZER,CHARLIE AND LARIE SUNDBERG,ROSS 14781 SW JULIET TERRACE 16382 SW 104TH AVE TIGARD,OR 97224 TIGARD,OR 97224 w • THOMPSON,GLENNA 1S136ACO2400 13676 SW HALL BLVD UNIT 2 TOPPING,RICHARD TIGARD,OR 97223 KEMP,KATHERINE 19765 DERBY ST WEST LINN OR 97068 1S136DA00900 1S136ACO2700 TWELVE SAC SELF-STORAGE CORP VINCENT,BRADFORD 1250 E MISSOURI AVE 10640 SW 72ND AVE PHOENIX AZ 85014 TIGARD OR 97223 WALSH,DAVID 1S136AC04100 10236 SW STUART COURT WATSON,JAMIE NOEFLE TIGARD,OR 97223 10655 SW 71ST AVE TIGARD OR 97223 1S136AD06503 1S136AD02501 WAY W LEE GENERAL CONTRACTOR WEATHERS,GEORGE F&KATHRYN H 5210 SE 26TH AVE WEATHERS FAMILY TRUST PORTLAND OR 97202 10570 SW 71ST AVE PORTLAND OR 97223 WEGENER,BRIAN 9830 SW KIMBERLY DRIVE TIGARD,OR 97224 • • II TIGARD City of Tigard April 5, 2016 The Bridge Attn:Jared Strickland 13725 SW Hart Road Beaverton, OR 97008 Re: Completeness Review The Bridge Parking Adjustment and Minor Modification (VAR2016-00001 and MMD2016-00001) 11507 SW Pacific Highway Tigard, OR 97223 Dear Applicant, The City has received your application for a 20% reduction to the minimum off-street parking requirement at 11507 SW Pacific Highway on March 15, 2016, and a related Minor Modification application for a change of use to religious institution on January 7, 2016. Staff has completed a preliminary review of the submittal materials, and determined that both applications are complete as of April 5, 2016, for the purpose of beginning the 120-day review period for final decision. The formal comment and review process typically takes up to four weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions with regard to these items, please feel free to contact me at (503) 718-2438 or LinaCSna.tigard-or.gov. Sincerely, Lina Smith Assistant Planner CC: VAR2016-00001 and MMD2016-00001 Land Use Case Files 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov . . APPLICANT MATERIALS II I : el City of Tigard IIII TIGARD Land Use Permit Application Checklist FOR: THE BRIDGE PARKING ADJUSTMENT April 5, 2016 APPLICATIONS WILL NOT BE ACCEPTED IN PARTIAL SUBMITTALS. ALL ITEMS MUST BE SUBMITTED AT ONE TIME. This form is required to complete your submittal. The applicant must check the box next to the item verifying that the information is present. Staff will check off the items at intake. ➢ Three (3) copies of all materials are required for the initial review process. The balance of the copies will be requested once your submittal is deemed substantially complete. i Each packet must be collated. i Plans must be FOLDED, rolled plans are not accepted. Applicant Staff Documents, Copies and Fees Required ✓ ✓ Completed Master Land Use Application with property owner's signature or name of agent and letter of authorization ✓ V Land Use Permit Application Checklist ✓ V Title Transfer Instrument or Grant Deed ✓ V Written summary of proposal ✓ V Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) ✓ V Impact Study per Section 18.390.040.B.2.e. ✓ V Copy of the Pre-Application Conference notes ✓ V Filing Fee: $769 Maps or Plans ✓ V Site Plan (Reduced: 8 1/2"x 11"or 11"x 17") ✓ V Site Plan (Full Size: 24"x 36"or 22"x 34") Once your application has been deemed substantially complete you will be notified by the Planning Division to submit a Request for 500' Property Owner Notification,and payment for postage and envelopes. PREPARED BY: Lina Smith,Assistant Planner 1:\Community De elopment\Land Use Applications\VAR-Variances\2016\VAR2016-141001 The Bridge 11507 SW Pacific I Iwy LS\6_Application Materials\Land Use Permit Application Chccklist.docx (updated:04/09/2015) City of Tigd RECEIVED 114 C COMMUNITY DEVELOPMENT DEPARTMENT . s Master Land Use Applicationi5 2016 TIGARD an,OF TIGARD D USE APPLICATION TYPE Adjustment/Variance (II) ❑ Minor Land Partition (II) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Conditional Use (III) 0 Sensitive Land Review (II or III) ❑ Development Code Amendment (IV) ❑ Site Development Review (II) ❑ Downtown Design Review (II, III) 0 Subdivision (II or III) ❑ Historic Overlay (II or III) ❑ Zone Change (III) ❑ Home Occupation (II) ❑ Zone Change Annexation (IV) NOTE: For required submittal elements, please refer to your pre-application conference notes. PROPOSAL SUMMARY (Brief description) �Lsk 49,7b p a. YL2 a.l r[_La b.tS 1 w41L�..E-J yip (� 11-'14— '� ! Ab�8 1 L�� Z 1r ' n l `�, d-c-c- P 4/Q `f Z 4 1-i . r h 1:1 Gam.c. will SA-44- U_ PROPERTY INFORMATION (where proposed activity will occur) Location (address if available): IIS-aS Se-) SrE 11g4S7t -7 A Tax maps and tax lot #s: ' ' �" 972 23 Total site size: Zoning classification: FOR STAFF 11SE ON IX APPLICANT INFORMATION Case No.: VPR2016-0000 , rr 1 Name: 1 O�t-8, e G-`_c� r, d. Mailing addr s: i 7)-6" e54,-) �- d _ Related Case No.(s): 11 Zip: Qr�� Application Fee: 769 �O City/state: e.arwL�.. , Moe- Zi Phone number: 6a 3 - S'`{-I - T$5 9 Application accepted: Primary contact name: By: 0--F Date: E/IS/l4 Phone number: " Application determined complete: Email: a -c �ov, Iti�.s .G a� By: L`S Date: y� Jl IACURPLN\Masters\Land Use Applications Rev.11/25/2014 .. _ .*_.. ....wr.....w.,.....r _ _ City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER/DEED IHDER INFORMATION (Attach list*ore than one) Name: Mailing address: City/state: Zip: Phone: Email: *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 owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All 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,map 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(s). Applicant's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of each owner of the subject property required Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date �. gip•. ... - _ .. •. „:. MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 DocuSign Envelope ID:77684943-8A96-4605-8S39CA4F5CA07 PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one) Name: Mailing address: City/state: Zip: Phone: Email: 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 owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. THE APPLICANT(S) SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All 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,map 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 r—DocuSigned dr. SfvielL is Jared Strickland 4/5/2016 £CMA223A2690440_. Applicant's signature Print name Date Applicant/Agent/Representative's signature Print name Date Applicant/Agent/Representative's signature Print name Date SIGNATURES of each owner of the subject property required ooc,sgnea by: I S Edita Smith 4/5/2016 4BAB3BCD2E1 D44F... Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date MASTER LAND USE APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 • • . a 't. First American Customer Service Department 121 SW Morrison Street Suite 300-Portland,OR 97204 "', e.,/.._‘ Title Company of Oregon Phone:503.219.TRIO(8746)Fax:503.790.7872 Email:cs.portland@firstam.com Today's Date:10/7/2015 OWNERSHIP INFORMATION Owner :Pacific Terrace Commercial LLC Bldg# 1 Of 1 CoOwner :Smith Edita M Ref Parcel Number: 1S136AD 04000 Site Address : 11505 SW Pacific Hwy Tigard 97223 Parcel Number :R0279273 Mail Address :833 NW 170th Dr Beaverton Or 97006 T:01S R: 01W S:36 0:NE QQ:SE Telephone : County :Washington(OR) l PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land :$1,471,510 Census Tract :306.00 Block: 1 Mkt Structure :$3,556,640 Neighborhood :ZPHY Mkt Total :$5,028,150 Subdivision/Plat : %Improved :71 School District :Tigard M50AssdTotal :$3,217,490 Building Use :Neighborhood Shopping Center Levy Code :02381 Land Use :2210 Com,Commercial Improved 14-15 Taxes :$53,780.66 Legal :VILLA RIDGE,BLOCK 4,LOT PT 7, Millage Rate :16.6195 :ACRES 2.03 Zoning :C-G PROPERTY CHARACTERISTICS Bedrooms : Year Built : Patio SqFt : Bathrooms : EffYearBlt : Deck SqFt : Heat Method : BsmFin SF : ExtFinish : Foundation : BsmUnfinSF : Const Type : Lot Acres :2.03 BldgSqFt : Roof Shape : Lot SqFt :88,427 1stFIrSF : Roof Matl : Garage Type : UpperFlSF : Porch SqFt : Garage SF Attic SqFt : Paving Matl : TRANSFER INFORMATION Owner Name(s) Sale Date Doc# Sale Price Deed Type Loan Amount Loan Type :Pacific Terrace Commercial LLC :01/31/2006 11788 : :Warranty :$2,500,000 :Conven :Smith Edita M :04/29/1999 52276 :Smith Woodow/Edita :12/27/1995 95132 :$2,800,000 :Land Sal :$1,960,000 :Seller :Aga's L L C :03/10/1995 15851 : :Assign of : This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Exhibit A-Page 1 of 8 • • 4• ,'• i First American Customer Service Department i121 SW Morrison Street Suite 300-Portland,OR 97204 r Title Company of Oregon Phone:503.219.TRIO(8746)Fax.503.790.7872 Email:cs.portland@firstam.com Today's Date:10/712015 OWNERSHIP INFORMATION Owner .Pacific Terrace Commercial LLC Bldg# 1 Of 1 CoOwner :Smith Edita M Ref Parcel Number: 1S136AD 04001 Site Address : 11539 SW Pacific Hwy Tigard 97223 Parcel Number :R1362545 Mail Address :833 NW 170th Dr Beaverton Or 97006 T:01S R:01W S:36 0:NE QQ:SE Telephone : County :Washington(OR) PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land :$547,880 Census Tract :306.00 Block: 1 Mkt Structure :$567,850 Neighborhood :ZPHY Mkt Total :S1,115,730 Subdivision/Plat : %Improved :51 School District :Tigard M50AssdTotal :$766,190 Building Use : Fast Food Levy Code :02381 Land Use :2210 Com,Commercial Improved 14-15 Taxes :$12,806.94 Legal VILLA RIDGE,BLOCK 4, LOT PT 7, Millage Rate : 16.6195 :ACRES.65 Zoning :C-G PROPERTY CHARACTERISTICS Bedrooms : Year Built : Patio SqFt : Bathrooms : EffYearBlt : Deck SqFt : Heat Method : BsmFin SF : ExtFinish : Foundation : BsmUnfinSF : Const Type : Lot Acres :.65 BldgSgFt :3,166 Roof Shape Lot SqFt :28,314 1stFIrSF :3,166 Roof Matl Garage Type : UpperFISF : Porch SqFt : Garage SF . Attic SqFt : Paving Matl TRANSFER INFORMATION Owner Name(s) Sale Date Doc# Sale Price Deed Type Loan Amount Loan Type :Pacific Terrace Commercial LLC : • • l This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Exhibit A-Page 2 of 8 • 0 141 44 4 k Reference Parcel #: 1S136AD 04000 w ‘,..: 7 E • r- . _ 1.02 AC - 61 .._ kil 3900 \ o ...„ .51 AC U ----- ..-- r- --------- \ .-- ......._......-- • ---9. c 285.0 ,-. 95' 285.0 410 ,- r-- 1 " ET ...„ : (Cs 20,255) ctig .57 .,-- 1 ..--. --- .." --- -- --: ..-- --,-.; .., co A 4000 _7 , ,..1. \ 7 in r•-: * 2.05 AC 1 . ,„\ 1 •7 .0, ..b OTT DLC 53 ..... 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FIRST AMERICAN TITLE COMPANY OF OREGON ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY AN ACTUAL SUHYMit A-Page 4 of 8 • • Wasnlr pton Cou,ty,0repor, 2006-011788 01131'2006 02:27:19 Pk D'CW Cnt•i Stna7 KOIIUNlwALD $20.00$C 00$11 00-Total a$J1 CO CIIIIIII'11 r I1iIIIIII!I UI1 111111 I} 11� 00903579200600/17880040049 Jany Wnaan.D•atm/a Ananias/4 ava'.xrtro, awd la•Crrav County Cork to•W.ahnotan Courcy .","aa'.r'My c04.4,the Ins mina 1118b,"11,.s• u `•. rd,np arc%co.cad a+dracardad.n pup Doom o• `fi• vcc w s•nod aatity ...a•Ty 11 Marco^ 0.ncta tala.nant and Ta.atlon u'• "•F'- Ea{t1c?o County C',.t Exhibit A-Page 5 of 8 • • WARRANTY DEED EDITA M.SMITH, "Grantor."conveys and warrants to PACIFIC TERRACE COMMERCIAL, LLC,An Oregon Limited Liability Company, "Grantee."the real property located in Washington County, State of Oregon. and legally described on the attached Exhibit "A." incorporated by this reference, free of a encumbrances except as set out on Exhibit"B.'• The true and actual consideration for this conveyance is OTHER VALUABLE CONSIDERATION. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS.IF ANY,UNDER CHAPTER I,OREGON LAWS 2005(BALLOT MEASURE 37(2004)).THIS INSTRUMENT DOES NOT ALLOW USE OF THE 0 PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SI IOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES.TO DETERMINE ANY LIMITS J ON IA WSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NMI!BORING PROPERTY OWNERS.IF ANY,UNDER CHAPTER CJI "ZiI,OREGON LAWS 2005(BALLOT MEASURE 37(2004)). 0 Dated this a6 day of Januar_ . 2006 NTOR: ITA M.SMITH �' _._. C ;.'::4i vENt. . • % Utnia� FETTERSON STATE OF OREGON ) \',;'T/ rto'°' /WJC-OREGON CON.%^iSKx I NO 388915 ) Ss: MY CON S.L?iEXPIRES►XARCH9.2009 COUNTY OF MULTNOMAH ) rD On this 04 day of January 2006. personally appeared betorc me the above-named EDITA M. SMITH. who is personally known to mc.and acknowledged the foregoing!Fr her volun t deed. • Hy Commission expires: 3/9/094461,/Notary Pu for Oregon After Recording Retnrn t4: Send All Tax Notices to: Edits M. Smith Edita M.Smith 833 NW I701b Drive 833 NW 170"'Drive Beaverton,Oregon 97006 Beaverton,Oregon 97006 dwr Exhibit A-Page 6 o`8 • • EXHIBIT A PARCEL I: Lot 7,Block 4,VILLA RIDGE,in the County of Washington and State of Oregon. PARCEL II: Beginning at the Northeast corner of Lot 2, Block 4,VILLA RIDGE,in the County of Washington and State of Oregon;thence South 0004'West along the East line of said lot, 116.1 feet;thence Southwestcxly to an iron pipe on the South line of said Lot 2 that bears North 89°50' West 190.0 feet from the Southeast corner thereof,said iron pipe being the true point of beginning of the herein described premises;thence North 89°50'West,along said Souith line 95.0 feet to the Southwest corner of said Lot 2;thence South 0°04'West,along the West line of Lot I, 183.75 feet to the Southwest corner of said lot 1;thence North 89°10'East along the South line of said lot 1, 104.50 feet to an iron pipe located on the Northwesterly right of way line of the Southwest Pacific Highway as described in Deed to the State of Oregon,recorded in Book.185, Page 505,Deed Records,Washington County.Oregon;thence North 61°14'East along said right of way line 56.76 feet to an iron pipe;thence North 33°50'West 106.37 feet to an iron pipe: thence North 0°10'East 66.27 feet to an iron pipe located on the South line of said Lot 2,that is the true point of beginning. PARCEL III: A parcel of land lying in the Northeast quarter of Section 36,Township 1 South,Range I West of the Willamette Meridian.in the County of Washington and State of Oregon,more particularly described as follows: Beginning at the intersection of the Northerly line of the Pacific Highway West as described in Deed to the State of Oregon,recorded in Book 186,Page 405,and the Easterly line of Villa Ridge Drive,also known as Metzger Road,which is a Southerly extension of 8th Avenue,Metzger, Oregon,being County Road 370.now known as Southwest 71st Avenue,which is the point of beginning;thence Northwesterly along the Easterly line of Villa Ridge Drive,being County Road No.370,250 feet,mone or less,to a point on the South line of VILLA RIDGE,thence Easterly along the South line of VILLA RIDGE,405 feet,more or less,to a point in the Northerly line of the Pacific Highway West as described in Deed to the State of Oregon,recorded in Book 186, Page 405,Deed Records;thence Southwesterly along the Northerly line of said Pacific Highway West,355.5 feet,more or less,to the point of beginning. Exhibit A-Page 7 of 8 • • EXHIBIT B The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. Regulations,including levies,liens.assessments,rights of way,and easements of Tualatin Valley Water District. The rights of the public in and to that portion of the premises herein described h ing within the limits of streets.roads and highways. Lease,including the terms and precisions thereof. 1)ated: January 12. 1978 A memorandum of which was: Recorded: September 26, 1979 Recorder's Fee No.: 79-039441 Lessor: George H.Killian lessee: Stark 13 K Corporation,an Oregon corporation nl,a Restaurant Management Northwest.Inc..now known as the West%ind Group of Oregon, Inc. Indemnits Agreement. including the terms and provisions thereof; Dated: December 27, 1995 Recorded. January. 18. 1996 Recorder's Fee No 96-004965 By and Between: AGA's 1.1,C,an Oregon limited liability company and Woodrow Smith and Edita Smith Unrecorded leases)and existing tenancies,if any. I):UJSR\wsmith\Smhh.Pac Dccdt?XI111tt7 B.dcx Exhibit A-Page 8 of 8 • • I7 j KITTELSON & ASSOCIATES , ( NC . \ TRANSPORTATION ENGIN E E R I N G / PLAN N I N G 610 SW Alder Street,Suite 700, Portland,OR 97205 503.228.5230 503.273.8169 TECHNICAL MEMORANDUM Living Hope Fellowship- Parking Study Date: February 18, 2016 `. �.e 1NEF � 4 , \ Project#:19888 To: Edita Smith, Pacific Terrace Commercial LLC ! - - =6511 :. From: Susan Wright, P.E. - + TT rr-_�► 4 pp Cc. Brad Macomber, Norris and Stevens Inc. � ro b ' Project: Living Hope Fellowship G '- to,'L •G SI Subject: Parking Assessment 441 L. WR - [Ty PIPFS- L /30/I k• Living Hope Fellowship is a place of worship with an existing location in Aloha, Oregon. They are proposing to open a second location in Tigard, Oregon located at 11507 SW Pacific Highway in the Pacific Terrace shopping center. The proposed Tigard location is anticipated to seat approximately 200 people in its sanctuary and have worship services on Sundays at 12:00 p.m. and 7:00 p.m. Additional small gatherings may occur on weekday evenings. Weekday daytime activities will primarily be limited to the activities of several staff members. The following memorandum documents the existing uses and existing parking demand at the Pacific Terrace shopping center to determine if adequate parking is available to meet the parking requirements for Living Hope Fellowship. EXISTING USES Table 1 summarizes the existing land uses and tenants at the Pacific Terrace shopping center. As shown, there is approximately 34,877 square-feet of gross leasable space plus a 3,100 square foot Burger King fast-food restaurant. Living Hope Fellowship is proposing to locate their worship service in 4,897 square-feet of space that is currently vacant. The land use category for Living Hope Fellowship is assumed to be "Worship" per the City of Tigard's Off-Street Parking and Loading Requirements code (Chapter 18.765 of the Development Code). Figure 1 shows the existing parking supply for the Pacific Terrace shopping center which includes a total of 142 parking spaces. FILENAME:H:IPROJFILEI19888-LIVING HOPE CHURCH PARKING VARIANCEI REPORTI DRAfTI LIVING HOPE PARKING STUDY MEMO 02 18 2016.DOCX • • Living Hope Fellowship-Parking Study Project#:19888 February 18,2016 Page 2 Table 1: Existing Pacific Terrace Shopping Center Tenants and Land Uses Tenant Address Land Use Square Feet Shears Ahead 11505 SW Pacific Hwy Suite A Personal Services 2,100 IWARA Offices 11505 SW Pacific Hwy Suite B Office 1,050 Holistic Pet Vet Clinic 11505 SW Pacific Hwy Suite D Medical Office 2,100 Engineering for Kids 11507 SW Pacific Hwy Day Care 962 Vacant(Living Hope Site) 11507 SW Pacific Hwy Suite A Retail 1,789 Vacant(Living Hope Site) 11507 5W Pacific Hwy,Suite D Retail 3,108 Tattoo 11509 SW Pacific Hwy Retail 1,560 Vine Gogh Private Event Space 11511 SW Pacific Hwy Eating&Drinking Establishment 2,288 Vine Gogh Artist Bar&Studio 11513 SW Pacific Hwy Eating&Drinking Establishment 2,526 Exclusive Salon Products 11515 SW Pacific Hwy,Suite A Retail 1,720 Cabinets Unlimited,Inc. 11521 SW Pacific Hwy Retail 1,040 FASTSIGNS Tigard 11525 SW Pacific Hwy Retail 3,614 Work Force 11527 SW Pacific Hwy Office 1,740 State Farm Insurance 11529 SW Pacific Hwy,Suite A Office 961 Skyline Cars,Inc. 11529 SW Pacific Hwy,Suite B Vehicle Sales&Rental 805 MDCRS,Inc. 11533 SW Pacific Hwy,Suite A Retail 1,022 Phone Repair 11533 SW Pacific Hwy,Suite B Retail 1,022 Halal Meat&Mediterranean 11535 SW Pacific Hwy Retail 3,480 Halal Restaurant 11535 SW Pacific Hwy Eating&Drinking Establishment 2,000 Burger King 11539 SW Pacific Hwy Fast Food Restaurant 3,100 Total 37,977 Figure 1:Existing Parking Supply . s tom= s ••.•,-a8i �j .-f f,".fv .'\ •- '1 i E . \ / '� r j Site Parking Supply ' f Standard = 136 :'_' ADA= 6 3 \� .g Total = 142 Iv 7 . Kittelson&Associates,Inc. Portland,Oregon • Living Hope Fellowship—Parking Study Project/1:19888 February 18,2016 Page 3 EXISTING PARKING DEMAND A parking study was conducted at the Pacific Terrace shopping center in 2013. The study found that weekday peak parking demand occurs in the early afternoon at 1:00 p.m. with demand for 69 parking stalls and remains steady until 4:00 p.m. at which point it tapers down throughout the evening. Since 2013, all vacant space within the shopping center has been filled with the exception of the currently vacant space proposed for the Living Hope Fellowship. A more recent parking study was conducted at the Pacific Terrace shopping center during multiple site visits, occurring at several different time periods over the course of several days from January 24th through February 7th, 2016. The study found that weekday peak parking demand occurs in the early afternoon at 1:00 p.m. with demand for 77 parking stalls, leaving approximately 65 available parking spaces. These conditions represent a minor increase over 2013 conditions which can be attributed to the additional retail and office tenants within the shopping center that were not present in 2013. The addition of Vine Gogh Artist Bar in 2013 increased parking demand in the evening (currently operating Wednesday through Sunday)from 6:00 to 9:00 p.m.when parking demand from other tenants is low. Exhibit 1 shows the approximate parking demand of the existing tenants over the course of a typical weekday. As shown, weekday parking demand at 7:00 p.m. (when the Living Hope Fellowship is likely to have weekday evening activities) is approximately 62 stalls. Therefore, there are approximately 80 stalls available for the Living Hope Fellowship weekday evening activities. Exhibit 1: Existing and 2013 Weekday Parking Demand and Supply 160 140 — 120 100 -- Weekday Parking 80 Demand(2016) -Weekday Parking 60 Demand(2013) -Parking Supply 40 20 0 E E E E E E E E E E E E E E . �o a ci a a a a a Q Q 0o Q1 0 N N m u7 LID N oo rn Kittelson&Associates,Inc. Portland,Oregon . • Living Hope Fellowship—Parking Study Project 8:19888 February 18,2016 Page 4 Parking demand was also reviewed on Sundays when Living Hope Fellowship's parking demand will be at its peak. The current Sunday peak occurs at 12:00 p.m. with demand for 51 parking stalls. The peak coincides with Sunday mid-day events at Vine Gogh Artist Bar (11:30 a.m. to 1:00 p.m.). Exhibit 2 compares the existing weekday and Sunday peak parking demands to the supply and the potential parking demand for Living Hope Fellowship per the parking code. As shown, there are approximately 91 parking stalls available on Sunday during the peak time period, which is adequate for Living Hope Fellowship's Sunday worship services and adequate per the City's off-street parking requirements of 67 spaces for a 200 seat sanctuary.' Exhibit 2: Existing Parking Demand and Supply 160 140 i 1 30 120 100 lb Excess Capacity 80 •Required Living Hope Parking 60 — ■Existing Parking Demand 40 -- 20 -- 0 - Sunday-12 p.m. Weekday-12 p.m. Weekday-7 p.m. PARKING REQUIREMENTS Chapter 18.765 of the City of Tigard's development code defines the minimum number of off-street parking spaces required for new developments and changes of use. It also includes provisions for reductions in the minimum parking requirements for developments with multiple tenants, such as the Pacific Terrace shopping center. Table 2 shows the parking reduction factors assumed for the Pacific Terrace shopping center by land use type based on total square footage of each land use. 1 Table 18.765.2 of the Development Code requires 1 parking space per 3 auditorium seats for a place of worship. Living Hope Fellowship is proposing a 200 seat sanctuary, which requires 67 parking spaces. The code permits application of 1 parking space per 4 auditorium seats for off-peak periods resulting in an off-peak code requirement of 50 spaces. Kittelson&Associates,Inc. Portland,Oregon • S Living Hope Fellowship—Parking Study Project 4:19888 February 18,2016 Page 5 Table 2: Minimum Parking Reduction Factors Percentage of Required Use Category Square Footage Parking Required Sales-Oriented Retail 9,854 100%(Primary Use) Eating&Drinking Establishment 6,814 85%(Secondary Use) Religious Institution 4,897 70%(Tertiary Use) Personal Services 4,622 60% Office 4,556 60% Fast Food Restaurant 3,100 60% Medical/Dental Office 2,100 60% Repair-Oriented Retail 2,044 60% TOTAL 37,987 Table 3 identifies the required parking per the City of Tigard's development code for the existing land uses with the proposed Living Hope Fellowship at the Pacific Terrace shopping center applying the minimum parking reduction factors for mixed-use shopping centers. Kittelson&Associates,Inc. Portland,Oregon Living Hope Fellowship-Parking Study Project#:19888 February 18,2016 Page 6 Table 3: Parking Code Minimum Parking Requirements Tenant S.F. Parking Code Land Use Parking Minimum Required Reduction Required Parking w/ Parking Factor Reduction Shears Ahead 2,100 Personal Services 2.5 spaces/1,000 s.f. 5.25 0.60 3.15 IWARA Offices 1,050 Office 2.7 spaces/1,000 s.f. 2.84 0.60 1.70 Holistic Pet Vet Clinic 2,100 Med Office 3.9 spaces/1,000 s.f. 8.19 0.60 4.91 Engineering for Kids 962 Personal Services 2.5 spaces/1,000 s.f. 2.40 0.60 1.44 Tattoo 1,560 Personal Services 2.5 spaces/1,000 s.f. 3.90 0.60 2.34 Vine Gogh Private Event Space 2,288 Eating&Drinking 9 spaces/1,000 s.f. 20.59 0.85 17.50 • Vine Gogh Artist Bar&Studio 2,526 Eating&Drinking 9 spaces/1,000 s.f. 22.73 0.85 19.32 Exclusive Salon Products 1,720 Sales Oriented Retail 3 spaces/1,000 s.f. 5.16 1 5.16 Cabinets Unlimited,Inc. 1,040 Sales Oriented Retail 3 spaces/1,000 s.f. 3.12 1 3.12 FASTSIGNS Tigard 3,614 Sales Oriented Retail 3 spaces/1,000 s.f. 10.84 1 10.84 Work Force 1,740 Office 2.7 spaces/1,000 s.f. 4.70 0.60 2.82 State Farm Insurance 961 Office 2.7 spaces/1,000 s.f. 2.60 0.60 1.57 Skyline Cars,Inc. 805 Office 2.7 spaces/1,000 s.f. 2.17 0.60 1.30 MDCRS,Inc. 1,022 Repair Oriented Retail 3.3 spaces/1,000 s.f. 3.35 0.60 2.02 Phone Repair 1,022 Repair Oriented Retail 3.3 spaces/1,000 s.f. 3.37 0.60 2.02 Halal Meat&Mediterranean 3,480 Sales Oriented Retail 3 spaces/1,000 s.f. 10.40 1 10.44 Restaurant 2,000 Eating&Drinking 9 spaces/1,000 s.f. 18.00 0.85 15.30 Burger King 3,100 Fast Food Restaurant 7 spaces/1,000 s.f. 21.70 0.60 13.02 TOTAL EXISTING TENANTS 33,090 151 spaces 118 spaces' • Living Hope Fellowship 4,897(200 seats) Religious Institution 1 space/4 seats' 50 0.7 353 TOTAL REQUIRED 37,987 201 spaces 153 spaces° MAXIMUM VARIANCE(20%reduction) 122 spaces' 1 Reduced to 1 space per 4 seats on weekdays when Living Hope is not at their peak usage time per Table 18.765.2 of the Development Code. 2 Observed weekday peak per Exhibit 1 is 77 spaces indicating the existing land uses generate approximately 41 spaces less than the 118 spaces the code requires. 3 Required weekday parking for Living Hope Fellowship is approximately 35 spaces and well below the 65 available spaces. 4 Existing capacity is 142 spaces,approximately 11 fewer than the required 153 spaces with the proposed uses;however,there are currently approximately 65 unused spaces during the weekday peak so weekday parking will be adequate. 5 The maximum 20%variance down to a minimum of 122 spaces is well below the existing on-site parking supply of 142 spaces and meets requirements for a variance to the minimum parking requirement. Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 18,2016 Page 7 As shown in Table 3, the parking requirement for the existing and proposed tenants at the Pacific Terrace shopping center is approximately 153 parking spaces. Although this exceeds the available parking supply of 142 spaces by 11 spaces, field observations indicate that existing uses are generating less demand than the code requires and there is adequate parking available at the Pacific Terrace shopping center to accommodate Living Hope Fellowship during weekdays and weekends. The 142 spaces available are within the 20% maximum parking reduction allowed by the code which would allow a variance down to 122 spaces. Although the parking analysis indicates the on-site parking will be adequate; there are two additional sources of parking as well as good transit access to the site which could further reduce estimated parking demand. On-Street Parking The parking code allows places of worship to utilize on-street parking to meet some of their parking demand. There is available on-street parking within a reasonable walking distance along Spruce Street from 71st Avenue to 72nd Avenue (and beyond). Between 71St and 72nd Avenues there are approximately 20 on-street parking spaces. Observations during weekday evenings and Sunday mid- day identified a maximum parking demand of 2 spaces resulting in 18 additional parking spaces that could serve Living Hope Fellowship during their peak time periods. Transit The Pacific Terrace shopping center has access to high frequency transit that could be used by Living Hope Fellowship visitors as well as the other shopping center tenants and could further reduce estimated parking demand. The Pacific Terrace shopping center is located on Pacific Highway with transit stops located immediately adjacent to the site. These stops are served by TriMet Route 12 (a frequent service route — including 15 minute headways most of the day on Sundays) that provides access to the Tigard Transit Center (for connections to WES and other bus routes), the Barbur Transit Center, and to downtown for access to other bus routes and light rail lines. Additional bus routes 94 and 64 can be accessed by walking to 74th Avenue and Pacific Highway. FINDINGS AND CONCLUSIONS Although the site is short of meeting the parking code requirements, the site has adequate parking available to accommodate Living Hope Fellowship based on the following findings: ■ The existing parking supply for the Pacific Terrace shopping center includes a total of 142 parking spaces. ■ The existing weekday peak parking demand was found to be approximately 77 spaces while the code requirement for the existing tenants requires approximately 118 spaces. This indicates that the existing tenants generate a lower parking demand compared to the parking code and that there is adequate parking to accommodate Living Hope's weekday Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project 1t:19888 February 18,2016 Page 8 parking code requirement of 50 spaces while leaving an excess of approximately 15 parking spaces. • The existing Sunday peak parking demand was found to be approximately 51 spaces. This indicates that Living Hope's weekend parking code requirement of 67 spaces can be accommodated on-site while still leaving an excess of approximately 24 parking spaces. • Based on this analysis, parking is anticipated to be adequate at the Pacific Terrace shopping center to accommodate Living Hope Fellowship on weekdays and weekends. • There is an additional source of off-site parking as well as good transit access to the site which could further reduce estimated parking demand. o There are approximately 18 additional on-street parking spaces available on Spruce Street that could serve Living Hope Fellowship during their peak time periods. o The Pacific Terrace shopping center has access to high frequency transit that could be used by Living Hope Fellowship visitors as well as the other shopping center tenants and could further reduce estimated parking demand. • The parking code requirement for the existing and proposed tenants is 153 spaces. This is 11 spaces higher than the existing parking supply of 143 spaces. A variance of 11 spaces is within the maximum allowable variance of 20% (down to 122 spaces) and there is adequate parking to accommodate the proposed uses. Additional information on how the proposed uses meet the variance criteria is included below. VARIANCE CRITERIA 18.370.020 C 7 (a) Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements, and Response: Use of Transit - The Pacific Terrace Shopping Center has access to high frequency transit that could be useful to Living Hope Fellowship congregants as well as the other shopping center tenants and could reduce the parking demand. The Pacific Terrace shopping center is located on Pacific Highway with transit stops located immediately adjacent to the site. These stops are served by Trimet Route 12 (a frequent service route — including 15 minute headways most of Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 18,2016 Page 9 the day on Sundays) that provides access to the Tigard Transit Center (for connections to WES and other bus routes), the Barbur Transit Center, and to downtown for access to other bus routes and light rail lines. Additional bus routes 94 and 64 can be accessed by walking to 74th Avenue and Pacific Highway. Special Characteristics of the Customer— Living Hope Fellowship is a religious institution that will primarily operate on Sundays with some weekday evening activities and limited weekday daytime activity from several staff members. Weekday evenings and Sundays represent low overall parking demand periods for the shopping center. As shown in Exhibit 2, there is adequate parking capacity to meet the required parking for New Hope Fellowship during weekends and weekdays. (2)A reduction in parking will not have an adverse impact on adjacent uses. ■ Response: The reduction in parking will not have an adverse impact on adjacent uses as there is ample parking to accommodate the existing shopping center tenants and Living Hope Fellowship. As shown in Table 3, the existing weekday peak parking demand of the existing tenants was found to be significantly less than the code requirement for the occupied space (77 spaces occupied compared to a code requirement of 118 spaces). This indicates that the existing tenants generate a lower parking demand compared to the parking code. This is characteristic of a smaller shopping center without a large anchor tenant and is unlikely to change over time. In addition, the Living Hope Fellowship parking demand will occur in the evening and weekends, when the majority of the shopping center tenants have very little parking demand. We trust that this adequately addresses the criteria in the Tigard Community Development Code for a parking adjustment for the Living Hope Fellowship at the Tigard Terrace shopping center. If you have any further questions, please do not hesitate to call me at (503) 228-5230. Kittelson&Associates,Inc. Portland,Oregon • • Pre-Application Notes for The Bridge Parking Adjustment (PRE2016-00016) Parking Adjustment Type II March 8. 2016 PLANNING STAFF PRESENT: • Cheryl Caines,Associate Planner • Lina Smith, Assistant Planner • Tom McGuire,Assistant Community Development Director APPLICANT:Jared Strickland, Living Hope Fellowship TAX MAP/LOT NUMBER: 1S136AD04000 PROPOSAL DESCRIPTION: Applicant requests a 20%parking reduction to accommodate a new religious institution,Living Hope Fellowship. The space is 4,897 square feet in size and will have 209 seats. COMPREHENSIVE PLAN DESIGNATION & ZONING: General Commercial (C-G) PROCESS Type II application process that includes: • Completeness review (first round can be up to 30 days) • Once application is deemed complete, review can take approximately 4 weeks o 2-week public comment period is included during review time • Decision will be Approved,Approved with Conditions, or Denied • 10-day appeal period after decision is issued SUBMITTAL MATERIALS Three (3) copies of all materials are required for the initial review process: • Master Land Use Application • Land Use Permit Application Checklist • Copy of Title Transfer Instrument or Grant Deed • Written summary of proposal: be clear that the applicant is requesting a 20%parking reduction • Narrative that describes the proposed use, request for parking reduction, and addresses the criteria in TDC 18.370.020.C.6.a. Also include impact study per TDC 18.390.040.B.2.e. • • • Copy of Pre-Application Conference Notes • Site Plan: o Reduced: 8 '/2" x 11" or 11" x 17" o Full Size: 24" x 36" or 22" x 34" FILING FEE: $769 ADDITIONAL INFORMATION: Building, mechanical, and/or plumbing permits may be required for interior work. PREPARED BY: Lina Smith,Assistant Planner • 0 City of Tigard a " Pre-Application Conference Notes 1111 TIGARD Engineering Division 9, Land Use Name: The Bridge Land Use No.: PRE16-16 Tax Map(s): 1S136AD Tax Lots(s): 4000 These notes were prepared based on information provided by the applicant showing a proposal for a parking reduction. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project and are subject to change as the project develops and is better understood. PUBLIC FACILITIES None are expected to be required. City of Tigard Pre-Application Notes for: Click here to enter text. March 8, 2016 1 of 2 • CONTACTS [ Organization Contact ! Phone/Email City of Tigard Theresa Reynolds 503.718.2704 (Wastewater and Storm) Theresa a(�tioard-or.gov City of Tigard 503.718.2607 I Rob Block (Wastewater and Storm) —— robe.tigard or.gov Comcast Margret Porter 503.596.3809 Frontier Communications I Tam Nguyen 1503.641.4463 - -- -. Frontier Communications John Cousineau 1503.643.0371 503.226.4211 x2964 Northwest Natural Gas(NWN) j Bob Keller I rmknwnatural.com Portland General Electric(PGE) Streetlighting Jeff Steigleder jeffery.steigleder@pgn.com Portland General Electric(PGE) I Lorraine Katz I 503.672.5483 Undergrounding Maryann Escriva 503.431.4049 Tigard/Tualatin School District Operations Manager mescriva( ttsd.k12.or.us Tualatin Valley Water District(TVWD) Ryan Smith 503.642.1511 Washington County(WACO) Naomi Vogel 503.846.7639 - vocielaco.washington.or.us Oregon Department of Transportation 503.731.8219 Marty Jensvold (ODOT) martin.r.jensvold anodot.state.or.us PREPARED BY: Greg Berry 2/2/16 Development Review Engineer Date Contact Information: 503.718.2468, greg@tigard-or.gov l:1ENG101 Development EngineeringlPRIV-DEV(Private Devlopment)\Documents\Pre-App1Pre-Application.docx City of Tigard Pre-Application Notes for: Click here to enter text. March 8, 2016 2 of 2 • 4110 TDT Estimate The Bridge Church 3/3/2016 1S136AD04000. 11507 SW Pacific Hwy. AMS TDT RATES EFFECTIVE 7/1/15 TSDC CITYWIDE&TSDT RT OVERLAY RATES EFFECTIVE 7/1/15 INSIDE RIVER TERRACE TSDC CITYWIDE EFFECTIVE 1/1/16 0 Yes Project is in River Terrace ? O No Former Use Rate Type Use# ITE Code #Units Rate TDT Amount Description TDT 1 820 4.90 $11,140 $54,553 Shopping Center TSDC-Imp 1 0.00 $0 TSDC-Reim 1 0.00 $0 TSDC-RT 1 0.00 $0 Total TDT and TSDCs Former Uses $54,553 Proposed Use Use# ITE Code # Units Rate TDT Amount Description TDT 1 560 4.90 $3,360 $16,454 Church TSDC-Imp 1 $0 TSDC-Reim 1 $0 TSDC-RT 1 $0 TDT 2 $0 TSDC-Imp 2 $0 TSDC-Reim 2 $0 TSDC-RT 2 $0 TDT 3 $0 TSDC-Imp 3 $0 TSDC-Reim 3 $0 TSDC-RT 3 $0 Total All TDTs&TSDCs Proposed Uses $16,454 Less: Total All TDTs&TSDCs Former Uses $54,553 Total All TDTs&TSDCs Net Increase ($38,099) No TDT Total Net County TDT ($38,099) TDT TSDC Imp+ Reim Target Recovery Rate 28.0% 30% Estimated Total Impact $0 $0 Estimated Unmitigated Impact $0 $0 All TDT&TDSC TSDC RT Overlay Target Recovery Rate 28% 30/0 Estimated Total Impact $O $0 Estimated Unmitigated Impact $0 $0 TDT=County Transportation Development Tax TSDC Citywide=City of Tigard Transportation System Development Tax(TSDC-Imp&TSDC-Reim) TSDC RT=River Terrace Transportation System Development Tax Overlay • • Parks Estimate The Bridge Church 3/3/16 1S136AD04000. 11507 SW Pacific Hwy. AMS ALL PARKS RATES EFFECTIVE 7/1/15 10 Yes Project is in River Terrace? ® No Note:All Neigh-Imp# Units entries=0 if project is in River Terrace; All Neigh-RT# Units entries=0 if project is elsewhere in the city. Former Use Rate Type Use# ITE Code # Units Rate Parks Amount Description Parks-Imp 1 820 7.00 $367 $2,569 Shopping Center Parks-Reim 1 820 7.00 $66 $462 Shopping Center Neigh-Imp 1 820 7.00 $0 $0 Shopping Center Neigh-RT 1 $0 2 $0 Total Parks Former Use $3,031 Proposed Use Use# ITE Code #Units Rate Parks Amount Description Parks-Imp 1 560 3.77 $367 $1,384 Church Parks-Reim 1 560 3.77 $66 $249 Church Neigh-Imp 1 560 3.77 $0 $0 Church Neigh-RT 1 $o Parks-Imp 2 $0 Parks-Reim 2 $p Neigh-Imp 2 $0 Neigh-RT 2 $0 Total Parks Outside RT Proposed Uses $1,632 Less: Total Parks Outside RT Former Uses $3,031 Total All Parks Outside RT Net Increase ($1,399) No Parks SDC Proposed Use: Retail =700 sf/EE: 4897/700=7.00 Ees. Prior Use: Church = Educational = 1,300sf/EE;4897/1300= 3.77EEs. Total All Parks RT Net Increase $0 Total Parks-Imp -$1,185 Total Parks-Reim -$213 Total Neigh-Imp $0 -$1,399 Total Neigh-RT $0 Parks-Imp= Parks Improvement, Citywide including River Terrace Parks-Reim = Parks Reimbursement, Citywide including River Terrace Neigh-Imp= Neighborhood Parks Improvement Outside River Terrace Neigh-RT= Neighborhood Parks Improvement Inside River Terrace • • ili.k.b , , ' J , ' . 1 II iii II \O O \ \\\\ h \\., \\ ' ' \ \, ,. -d c. -* <P c ' \ \ \c . 41 \Nc. ' ,< < `, 44/fr dam.. Fd d7 ,, Q 'tea. , 0 Z J 0 W F- 0 N • 0 SITE OVERVIEW — w -SW-4�c I I.� — i. -� — .: s `. t• ) \ t..-.1".,...\ ems• ljF ..._ .i W s{.I�1 �r-Se• _ __ SWp g a. FredNleyer , - • - - -'SW ..e-5 Øres/LEscHwA8 S , . 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Tigard City Boundary 7508 7410 - 7104 _ 10930 !"� 7108 VI 7406 7214 10208 10211 10206 11305 10200 - 11310 10935 10205 '10205 10225 mn0 10240 10940 10200 10241 10240 10235 10220 11315 Quarter Sections 7054 --- 11324 11007 10946 10235 10230 --- 10255 10275 a 10280 10251 > 10236 11327 11006 Unimproved Right of Way _ 10250 - < 10258 11336 11015 7513 7435 7403 7307 7215 7035 10270 2 10263 -- - = 11401 11014 7515 7211 7205 10296 7175 7113 7111 7025 10275 n 10282 - 11410 11021 7017 10285 6917 6911 10313 10310 ' 10287 m 11419 11022 • MAPLELEAF ST 01 > 11425 11416 11029 Locator Map 7< 10288 10330 10335 H 10340 10315 11433 11420 11033 6431 6415 Quarter Section Key 7218 10345 Z 7134 10349 0 6919 10335 w 7510 7402 7408 7308 7210 10340 10345 _ '10377 11424 > 27 26 25 n 10350 11503 11039 Q BA - .-- 11504 7214 10375 - 7117 7103 7005 6913 10350 F 7141 10380 7015 6915 6901 6817 6807 10381 6611 6601 6501 fO 11108 C D 33 34 35 36• 10423 I 10420 6671 W 10400 ( MAPLELEAF CT -. 11114 10439 > OAK ST ---- < 7445 7331 7311 104151 7138 - 11126I 06 05 04 03 02 01 10457 7475 10460 7124 7106 10450 7030 10440 10445 V.? t 7010 7000 6914 6910 6804 6680 6666 6650 10435 10430 11203 11132 07 08 F A091 10 11 12 10470 _. 11206 10465 11205 10500 -- 10465 10460 11210 17'la. .13 10490 7218 10491. 10500 10495 10495 10500 10470 , '14 r 7508 7408 7350 7300 10510 10485 11226 24t 6605 11225 10520 10525 10530 10525 10525 10530 6611 6601 10530 6955 - 6715 6707 7027 6721 11310 10555 7405 10565 10555 105606614 0 120 240 7417 7333 7311 7217 7203 10560 - -- 6710 6606 6600 Feet Scale 7411 10570 7039 7007 7001 6716 11415 10595 6913 6909 6375 6305 6726 11419 11429 11455 PINE ST 7540 10655 10650 7212 7130 10655 10660 6924 6918 6910 6808 11445 11437 • 7330 7310 7210' 10640 7008 TIGARDMAPs 10685 10680 , 7290 10680 I 6976 10687 10670 - -.v=--- 10705 '-I CORONADOST 10690 '-- � - '°" t°"' u46s _______...- 10705 Ma Created:2/12/2016 5/5 10705 10700 °„sP 1o7zo 0135 t9», 11475 — j, 7535 7415 7383 10730 7115 10745 I - --t1on5 11477 11440 11420 6140 DISCLAIMER 10735 ,,..--`- 7303, 7121 10750 trots >r �„� This map was derived from several databases. •-nsm .( i- F., The City cannot accept responsibility for any errors. SPRUCE ST to 11509 usm 11507 11501 N 4 T 11543 Therefore,there are no warranties for this product. 11505 inn usolIBC However,anynotification of errors is appreciated 7540 < 11511 11505 us0t ‘Co- 11462 '� 11551 pP 1 7510 j�815 < 11515 \� IIII 10820 7302 m 11513 11535 11505 llsol Qp G u V 11605 llsos X0390 10855. 10850 11531 1 4 'Z' 11615 X0903-10900'. 10900 I 111 11529 % 10900 11460 11011 11625 _ 10885 > 10880 11539 11527 / ', 11629 10900'2 J = 115650 11645 taro,o 10915 110910 , 1 . 7. __I 9 11565 _ [0 11705 6)197000----� 10945 / 10935 (/j - 10940 -10900 I 11543 Q City of Tigard 10975 10970 1 31 25 SW Hall Blvd 11538 1-11rs 11D� 11530 10998 Tigard, OR 97223 NO „t. 11520 - 503 639-4171 TIGARD 1s1w36d i www.tigard-or.gov File Location: utiggisdbdev1\Geo proces sing\MapGallery_M XDs\a_address\a_quarter_section_addr\a_DDP_address_atlas8511\address_l st_atlas 8511.mod ,,,,_ . _ ,,,,, _ _ _ .._ _ -11-1 ET,. d___, LOFFICE •�• • __ _ _ • MINIIIIIMIlfd • ►- - - - - - KIDS CLASS _ - () COFFE/GATHERING (CAN BE DIVIDED INTO o ` HALL MULTIPLE ROOMS) Cl STAGE -1 z a s HALL/ - - - - O 0 STORAGE - - - - limommin 77 .._ X09 CHAIRS - - SHOWN- ,-. - ri MULTI USE/ • --m ,e ♦•• -♦ - LOBBY/KIDS CHECKIN NURSING ROOM DEMOLITION PLAN W/NEW WALL CONSTRUCTION 4 "� z A - A 5' 6 5/16"T ..___ ��• 11 49' 10" i• " EC 1 ti „, i' + -, L.....� fj F _ „......______ l'' 16' 5 11/16 ;i 31 r 31' I I !-il' 2"' �i �.� 1.. .......... ..�-� 44' 6" i$ ,1 c o i .r 8' 8" 0. I1 1' f 21' 6" + i --y- _44---. 1f13' ?; 296 ► + 10 cur 1, 0 I' c 7 0 0 (--- . • - (-- FLOOR PLAN 05 20 a 11501C 115010 y I0 ___)___. ____ PACIFIC TERRACE '.6iiirati: =; 11501 SW PIGARC, IM SUITES C 4 D TR P.O. fb�u r.ASV91_11 tri OBATDS36.2322U 06/Cl/OS • 8 $ tsz .sIlt i1..1• d to S 4 , r__e_____e_____e_____e___,,, 11 , [ '0 cc as' .... • L....) • •� • 1u m �° ® • !! Ca �'• 8' • , • b___s____„..__„.� . . • t • 0 8' j1ii-iI 1. • t l ' , a8' ' Q. Q. '- .4" ----.4 =:, _„. L _ __I @ ....0 ,,-- • a8' • Y • • 'Th 'SI R R R SSI-TY- R r---,„...•", S-Switch S2-Double Switch SUP CHANEL FOR EXPANSION I� I SOUND INSULATION / 5/8" DRY WALL BOTH SIDES 1 / 3 1/2"STEEL STUD WALL 7- 1 / BOTTOM CHUDE il 1/4"X2" MACANRAL BOLT z, RAFTERS ---\ . i 1 \... IL 518"DRYWALL TO EXTEND TO ROOF SHEATHING BETWEEN RAFTERS 5/8"DRYWALL BOTH SIDES --\ (1''' SOUND INSULATION 3 1/2"STEEL STUD 111 2.1/// lil 1/4"X2"MAUNURAT BOLT * • RECEIVED City of Tigard JAN 0 7 2016 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD PLAN ING/ GINEERING TIGARD Minor Modification Type I Apph ' caho PROPOSAL SUMMARY (Brief description) n (� REQUIRED SUBMITTAL us r 1✓) yr:SO cam- ssac� ELEMENTS Owner's Signature/Written Authorization Title Transfer Instrument or Deed Site Plan(2 large plans drawn to scale and one reduced to 8.5"x111/2") Property address/location(s): 11575 S ?o-c-1. . ` -,v 71 Applicant's Statement/Narrative (2 copies)Address criteria in: STE 11561 /115-6/A ✓o� , C�. 91 �1-3 1'DC 18.360.050.B.1-11 Tax map and tax lot #(s): /Filing Fee Site size: A Xiw.a.4-c_ a- taw ec\ 14,597 s.V. II++ I OR �1;11 I 1 til. ONI.I Applicant": L_,vi 4ioQ` +¢r�J�wS�--,� Case No.: IV1Mu2,O i(? - 000u/ Address: 3351> kV."`` AL . Related Case No.(s): City/state: kL.l-e-, Zip: 41 cbb3 J Phone: 5v-5'fl-311 Email: Ja-.0�d 4t �S to P`_L . Application Fee: Application accepted: 0 By: 1 6 Date: 7/' 0 PROPERTY OWNER/DEED HOLDER(S)* D Same as Applicant Name: Applic ti s Address: By: ��,�, Date: �/C41e City/state: Zip: 1:\CURPLN\Masters\Land 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 4, 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. City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 S 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. S ATURES of • . o , • of the subject property required. I1 _ at f amliS Ap. (cant'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 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 i • APPLICANTS To consider an application complete,you will need to submit ALL of the RQUIRED SIJI3MITTAi EL,EMEPVJ as described on the front of this application in the"Required Submittal Elements" box. THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subjectproperL-. • If the application is granted, the applicant-will exercise the tights 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. I S ATURES of eel} owrt!ei of the subject property required. ,4ate bt.V16 Ap, cant's signature Print.name Date j z or TA 111 CinIT I-1 017i Owners 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: .x4N'Y�•a<s�'.aattn?„darxw.'a#.„dk..,o.N�:,.�rttfi�=.,gT:.,:�Fwa.::�a�,a�«Ek�%'w+"i:�:,u;"o .,k¢41s,t, .a 3ea5;�ra,.e:nzva S�'ae MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 • • ,. First American Customer Service Department 121 SW Morrison Street Suite 300-Portland,OR 97204 NITitle Company of Oregon Phone:503.219.TRIO(8746)Fax:503.790.7872 Email:cs.portland@firstam.com Today's Date:10/7/2015 OWNERSHIP INFORMATION Owner :Pacific Terrace Commercial LLC Bldg# 1 Of 1 CoOwner :Smith Edita M Ref Parcel Number:1S136AD 04000 Site Address :11505 SW Pacific Hwy Tigard 97223 Parcel Number :R0279273 Mail Address :833 NW 170th Dr Beaverton Or 97006 T:01S R:01W S:36 0:NE QQ:SE Telephone : County :Washington(OR) 1 PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land :$1,471,510 Census Tract :306.00 Block:1 Mkt Structure :$3,556,640 Neighborhood :ZPHY Mkt Total :$5,028,150 Subdivision/Plat : %Improved :71 School District :Tigard M50AssdTotal :$3,217,490 Building Use :Neighborhood Shopping Center Levy Code :02381 Land Use :2210 Com,Commercial Improved 14-15 Taxes :$53,780.66 Legal :VILLA RIDGE,BLOCK 4,LOT PT 7, Millage Rate :16.6195 :ACRES 2.03 Zoning :C-G l PROPERTY CHARACTERISTICS Bedrooms : Year Built : Patio SqFt : Bathrooms : EffYearBlt : Deck SqFt : Heat Method BsmFin SF : ExtFinish : FoundationBsmUnfinSF : Const Type : Lot Acres :2.03 BldgSqFt : Roof Shape : Lot SqFt :88,427 1stFIrSF : Roof Mall : Garage Type : UpperFlSF Porch SqFt : Garage SF : Attic SqFt : Paving Matl : TRANSFER INFORMATION Owner Name(s) Sale Date Doc# Sale Price Deed Type Loan Amount Loan Type :Pacific Terrace Commercial LLC :01/31/2006 11788 : :Warranty :$2,500,000 :Conven :Smith Edita M :04/29/1999 52276 : ; :Smith Woodow/Edita :12/27/1995 95132 :$2,800,000 :Land Sal :$1,960,000 :Seller :Aga's L L C :03/10/1995 15851 : :Assign of : • • • This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Exhibit A-Page 1 of 8 • • • 1.1 I gs c''• First American Customer Service Department 121 SW Morrison Street Suite 300-Portland,OR 97204 a Title Company of Oregon Phone:503.219.TRIO(8746)Fax 503.790.7872 Email:cs.portland@firstam.com Today's Date: 10/7/2015 OWNERSHIP INFORMATION Owner :Pacific Terrace Commercial LLC Bldg# 1 Of 1 CoOwner :Smith Edita M Ref Parcel Number: 1S136AD 04001 Site Address : 11539 SW Pacific Hwy Tigard 97223 Parcel Number :R1362545 Mail Address :833 NW 170th Dr Beaverton Or 97006 T:01S R:01W S:36 Q:NE QQ:SE Telephone : County :Washington(OR) PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page Grid : Mkt Land :$547,880 Census Tract :306.00 Block: 1 Mkt Structure :$567,850 Neighborhood :ZPHY Mkt Total :S1,115,730 Subdivision/Plat : %Improved :51 School District :Tigard M50AssdTotal :$766,190 Building Use :Fast Food Levy Code :02381 Land Use :2210 Com,Commercial Improved 14-15 Taxes :$12,806.94 Legal :VILLA RIDGE, BLOCK 4, LOT PT 7, Millage Rate : 16.6195 :ACRES.65 Zoning :C-G PROPERTY CHARACTERISTICS Bedrooms : Year Built : Patio SqFt : Bathrooms EffYearBlt : Deck SqFt Heat Method : BsmFin SF : ExtFinish Foundation BsmUnfinSF : Const Type : Lot Acres :.65 BldgSqFt :3,166 Roof Shape Lot SqFt :28,314 1stFIrSF :3,166 Roof Matl Garage Type : UpperFlSF : Porch SqFt Garage SF Attic SqFt : Paving Matl TRANSFER INFORMATION Owner Name(s) Sale Date Doc# Sale Price Deed Type Loan Amount Loan Type :Pacific Terrace Commercial LLC : l This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner The Insurance Division cautions intermediaries that this service is desigred to benefit the ultimate insureds Indiscriminate use only benefiting intermediaries wit riot be permitted. Said services may be discontinued No liability is assumed for any errors in this report Exhibit A-Page 2 of 8 • • NI Reference Parcel #: 1 S136AD 04000 ""—,— IE s ' 1.02 AC 3900 7 .51 AC ass% i \ i --�' 2 85.0 95' •---- .,-- 265.0 � C 2 S 5.0 =T S ' :�t� N (CS 20,255) 57 A i i �� i °�° 7 in C2 I \ f‘1)7 /�\ 4000 \ �,i �1. \ 2.05 ACiy� \ i OTT DLC 53 n\ t. `\\\\\'t-'s'c.\\\\' \\`;\ \Q't : \\\\ti\\\\,' c'Ct\\\\\` °2c ,\'.\\\\\\\\\\'.\mak\\\\\\\\\`'::\\\\':,� \\: \ _ �� 4001 �i ' _7,7veo, .68 AC ;CS 12>5961 / ‘ \ / ''\ N / /` \s / J 2v ''. �,. iV r ro i a�: ft..4' 6. NN 7 7 of \ % /i / OQj "+ i" 4r Y ..,,,,,--$ .1 --- 7 .. / II `3 , }iv'', /yyII II - i 651\ .40 AC � m 1.44/ / ,\17,, i em % � A � '-I/ ha � La I •M! . First American 121 SW Customer Service Department '' Morrison Street Suite 300 Portland,OR 97204 Title Company of Oregon Phone:503.219.TRIO(8746) Fax:503.790.7872 Email:cs.portland@firstam.com THIS MAP IS PROVIDED AS A CONVENIENCE IN LOCATING PROPERTY. FIRST AMERICAN TITLE COMPANY OF OREGON ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY AN ACTUAL SUH1(Gtbit A-Page 3 of 8 0 0 pe W Reference Parcel #: 1S136AD 04000 III • .. 24.;-. ' , 2AC ;''' ;2 AC - :6 AC 25 , .22 A 20 AC ) -, - '1r 2 ay. •• I '$. g i .21 AC ''' _. • ; .31 iC v t. If meavvo,• : 61 1 12ni, .. (i) ' 1/0 C... X.33 . .a ma 143 REET , SW PINE STREET v , . • 12,45 i93.0 v.• F.: .A,i , tri 'mg, iim.c : —a.— s_ love : • 9 0 :i , i (7) 4 tr) ,4) •: ..) I 1 78 Ac !••• .25 AC 1 24 Ara) SO AC 1 ,. ,,.. . 51301-41 .:. 5 ----tt- . 4 L.,• r." 1.aci:3 • Ca • . .,.....,:. ., ,n1lo ?. '!, 1.1v AC 6600441 1n • .. S 3 01 4 Cl),;.-., .11 2 ;:, ;,.. 12 AC el, iket 2 _L •z.. t, - al ., nr1C ts3 H.S., 1. 4?AC t• . .0 g 76: :.) k1 . i .50 AC 51 9 -- _. SA AZ 4 • • > r. ,.c.s 20,813) , Z.'-- - 6 , 2 '-. CO - • ' 2 c - 1.02 AC 1 ,o1' , (1) '!.‘ 3 . . 'if.' • • .514..; .V. OA 1 ,.,. ____ .w EET . esk, : 13.3 li.1 !.!j - • ICS 20.2561 1 Si AC i • , ! . ..,, . Il AC 1 . ..,..,, 2 15 AC -, 24 AC..a— —- . I I --. ,•,, I SCOTT 1./..L 5 i . ." l•-•- - , ... •••—• ',. ----.... * 1. CJ \ I, S 4.01 el'- ,:„ W 5 AC A , 1;. .. C51369153 . • • . 1 1 1 .. . . .. • • •• .. . -0 A% ' 3 1.26 AC "A : i• •?Il 1 2 . . • _, . , . . I 1..11,:. .4. • 10 AC 23-81 , 1.44 AC -.•• 6, v.',.. 1 -, - - ., • i -•,,cP . -- i"...i. - -- , . ,.;' .0' ; .13 2,F.I• .• #.' • • 4111 • I .74,... • Ita1 , ! 2 1 8 '•".‘ 7, • . 1,48 3 • .68 AC . ,,il ,. .. .554 -ay...a d___ I!•05 t1.15113 717;;--- • -P •-- - . • - C • • 0 3.0r. t........ ...n,le7E '•-1 • , . I '45' A4 1 . ./.....„ -< e /36 • •• . .,c, Customer Service Department First American 121 SW Morrison Street Suite 300 Portland,OR 97204 400 Title Company of Oregon Phone:503.219.TRIO(8746) Fax 5037907872 Email:cs.portland@firstam.com THIS MAP IS PROVIDED AS A CONVENIENCE IN LOCATING PROPERTY. FIRST AMERICAN TITLE COMPANY OF OREGON ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY AN ACTUAL SUIRBthit A-Page 4 of 8 • WestOnptpn Covity,Orogen 2OO6-011788 D113112006 02;27:19 PM D-0W Ctt•1 Inns?KORWIEWALD $20.00 U 00111.00•Todd $37 00 ,lIIII1Ii 111[1111III 111 L'hIl!11 IIIIIIIIII 009075742001100117180040019 JaryHama,' 6"meta AYNMnarRaMTantan ehd te.Cir'e o Germy C'Nk h•Was Wilton Cou .-••; Megan do,•eneby c,Rdy that the',Awn kubl.T artd 1 . •nGnt WY"CW r ads+drKe/d•d'n,(he eeea e' maw*t•,Wd coin y -•rye war so. O.rezta eseaan ant and Ta.illon �.1,"r•''' Ex-0.1 cto Ce.wty C44c Exhibit A-Page 5 of 8 • • • t WARRANTY DEED EDITA M.SMITH, "Grantor,"conveys and warrants to PACIFIC TERRACE COMMERCIAL, LLC,An Oregon Limited Liability Company, "Grantee,"the real property located in Washington County, IL State of Oregon, and legally described on the attached Exhibit"A.'• incorporated by this reference, free of (1 encumbrances except as set out on Exhibit"B." • The true and actual consideration for this conveyance is OTHER VALUABLE CONSIDERATION. ti r BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER CHAPTER I,OREGON 1 LAWS 2005(BALLOT MEASURE 37(2004)).THIS INSTRUMENT DOES NOT ALLOW USE OF THE O PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS \t`' AND REGULATONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SI IOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 ANI)TO INQUIRE ABOUT THE RIGHTS OF NMI!BORING PROPERTY OWNERS,IF ANY,UNDER CHAPTER I,OREGON LAWS 2005(BALLOT MEASURE 37(2004)). 0 I)atcd this alb day of January, 2006 ( • Ni TOR: ITA M.SMITH •� J7t;TY •-.._.___-..�. __ _ _ c'''CAAL SEAL 0`.- DIAt,"r_ :,1 PETTERSON STATE OF OREGON ) ,, ' „ r4Orar;.. ',AIM-OREGON ,, cOMt';SKxd NO.388915 ) ss: MY CQU1'.tt, i,,t+£XP1Y&ES MARCH 9,2009 COUNTY OF MULTNOMAII ) tt On this 06, day of January 2006. personal!) appcarcd before me the above-named EDITA M. SMITH, who is personally known to me.and acknowledged the foregoing to her volun , _, t ,r* deed. / ' r My Commission expires: 3/9/09 Notary Pu for Oregon S After Recording Return to: Send All Tax Notices to: Edita M.Smith Edita M.Smith Z- 833 NW I70t1i Drive 833 NW 170th Drive Beaverton,Oregon 97006 Beaverton,Oregon 97006 Exhibit A-Page 6 of 8 • EXHIBIT' A PARCEL I: Lot 7,Block 4,VILLA RIDGE,in the County of Washington and State of Oregon, PARCEL II: Beginning at the Northeast corner of Lot 2,Block 4,VILLA RIDGE,in the County of Washington and State of Oregon;thence South 0°04'West along the East line of said lot, 116.1 feet;thence Southwesterly to an iron pipe on the South line of said Lot 2 that bears North 89°50' West 190.0 feet from the Southeast corner thereof,said iron pipe being the true point of beginning of the herein described premises;thence North 89°50'West,along said Souith line 95.0 feet to the Southwest corner of said Lot 2;thence South 0°04'West,along the West line of 1.ot I, 183.75 feet to the Southwest corner of said i of 1;thence North 89°10'East along the South line of said I,nt 1, 104.50 feet to an iron pipe located on the Northwesterly right of way line of the Southwest Pacific Highway as described in Deed to the State of Oregon,recorded in Book 185, Page 505,Deed Records,Washington County.Oregon;thence North 61°14'Fast along said right of way line 56.76 feet to an iron pipe;thence North 33°50'West 10637 feet to an iron pipe; thence North 0010'East 66.27 feet to an iron pipe located on the South line of said Lot 2,that is the true paint of beginning, PARCEL Ile: A parcel of land lying in the Northeast quarter of Section 36,Township I South, Range I West of the Willamette Meridian.in the County of Washington and State of Oregon,more particularly described as follows: Beginning at the intersection of the Northerly line of the Pacific Highway West as described in Deed to the State of Oregon,recorded in Book 186,Page 405,and the Easterly line of Villa Ridge Drive,also known as Metzger Road,which is a Southerly extension of 8th Avenue,Metzger, Oregon,being County Road 370,now known as Southwest 71st Avenue,which is the point of beginning;thence Northwesterly along the Easterly line of Villa Ridge Drive,being County Road No.370,250 feet,more or less,to a point on the South line of VJLLA RIDGE,thence Easterly along the South line of VILLA RiDGE,405 feet,more or less,to a point in the Northerly line of the Pacific I lighway West as described in Deed to the State of Oregon,recorded in Book 186, Page 405, Deed Records;thence Southwesterly along the Nonherly line of said Pacific Highway West,355.5 feet,more or less,to the point of beginning. Exhibit A-Page 7 of 8 • EXHIBIT B The premises herein described are within and subject to the statutor power' including the power of assessment of Clean Water Services. Regulations,including levies,liens.assessments,rights of way,and easements of 1 ualatin Valle) Water District. The rights of the public in and to that portion of the premises herein described lying within the limits of streets.roads and highways. Lease,including the terms and provisions thereof. Dated; January 12. 1978 A memorandum of which was: Recorded: September 26, 1979 Recorder's Fee No.: 79-039441 Lessor: George H.Killian lessee: Stark 13 K Corporation,an Oregon corporation nka Restaurant Management Northwest.Inc.,now known as the Wcstwind Group of Oregon. Inc. lndemnit► Agreement.including the terms and provisions thereat Dated: December 27, 1995 Recorded; January 18, 1996 Recorder's Fee No.: 96-004965 By and Between: AGA's 1.1..C,an Oregon limited liability company and Woodrow Smith and F.dita Smith t'nrecorded least-1s)and existing tenancies.if•any. D:1USR\wsmith\Smith.Par Deedl XHIHJT H.cku• Exhibit A-Page 8 of 8 km I4111-1. �\::---:„.•""b �` oaf#'4, • 00 U �n a U n Y V V 00.0 _ IkA UIN c G�r� L JOT- Cuti+c• ��L�L /46p,-r G Urri''.. CrtjG4- NJ P1/c-5) C)J G CD An Pt x-2,5 D 5Pr to(-) '(Lou c-r 0 Atl-LAN)K L CitbirJcrr5 u,.)4-r.+4 kiT 1' SK, 1 t/I,..)G CUSS c/c9r 9c7J5 y SA-rx c6 Ppc-2M E0 G-O ,,Jcr 1�- g.(t5 L j,e_ Woa-K S - H 41ov56 t7.' GZcP'rrL t. UP,.CPJ'"-- -_ 5C-C ( �( C- H(-/J Y 9/1EA2-5 Myo , ,regzon 97205 X0322 -8 IRECT ,-3171 MAIN (503) 710-12» CELL Begin forty d message: 8-2136 FAX is-Step ens.com From: Brad Macomber <Brad M @Norris-Stevens.com> Date:January 6, 2016 at 10:12:03 PST To:Tim Budelman <TimB@Norris-Stevens.com> Subject: RE: Pacific Terrace-Living Hope Church Attached is the site plan with Tenants. Below is the sf of each tenant. Let them know that the majority of businesses are closed on Sundays and I can find out exactly which ones if the city needs it. There are 143 parking spaces for the center. SF Shears Ahead 2,100 School 1,050 Holistic Pet Vet Clinic 2,100 Engineering for Kids 962 Church 4,897 Dead Gods Tattoo 1,560 Vine Gogh 2,288 Vine Gogh 2,526 Exclusive Salon Products 1,720 Cabinets Unlimited, Inc. • 1,040 Fast Signs (soon vacant) 3,614 Labor Works 1,740 State Farm Insurance 961 Skyline Cars, Inc. 805 MDCRS, Inc. 1,022 AirLink 1,022 Halal Meat& Med. 5,480 Totals 34,887 Brad Macomber 503-225-8481 From:Tim Budelman Sent:Tuesday, January 05, 2016 2:50 PM To: Brad Macomber<BradM@Norris-Stevens.com> Subject: FW: Pacific Terrace - Living Hope Church Hey Brad —See below from the city of Tigard—Can you get any of this? I didn't see any on the drive. Warm Regards, i s i 0t; a0L' a+e] -:1 C: ( I.r aim/ t the iit4iV j ab or2ilt;:y 1(1t � � :.._ . a , if yr<i, c tst tta i tenu h er;�at� t � ii< a t-e �it ( 7 do h r 'tc 1 e r rrEf t Y� 7 otiiLuttOr, tni cur ,;i„cat c, i�,,JICt , r _ .: _. .r �., l-�... _ ,1 ori. .ooq.l .rt1P.-eage _ • • TDC 18.360.050.B.1-11 1. n/a 2. n/a 3. n/a 4. n/a 5. n/a 6. n/a 7. Between two church services on Sunday (noon and 5 pm) we could see traffic meet 100 cars over the course of the entire day. Currently we have only one service at 5 pm and traffic has not exceeded 25 cars. 8. n/a 9. n/a 10. n/a 11. n/a The reason we selected this site as a viable option for our church is that many, if not all the surrounding businesses close by 5 pm on weekdays and all day on Sundays, which are our prime operating hours. • • KITTELSON & ASSOCIATES . INC . TRANSPORTATION ENGINEERING / PLANNING 610 SW Alder Street,Suite 700, Portland,OR 97205 503.228.5230 503.273.8169 I FCHNICAL MEMORANDUM living Hope Fellowship—Parking Study Gale. February 10, 2016 6�G1 `r� �50 Project#:19888 P To Edita Smith, Pacific Terrace Commercial LLC = 651 ger From. Susan Wright, P.E. ; _47:41i j Cr: Brad Macomber, Norris and Stevens Inc. -V 0- •N / Froicct: Living Hope Fellowship sG ✓°o• 10,2�b .Z.. Subject: Parking Assessment '9'v L. ��G_ Living Hope Fellowship is a place of worship with an existing location in Aloha, Oregon. They are proposing to open a second location in Tigard, Oregon located at 11507 SW Pacific Highway in the Pacific Terrace shopping center. The proposed Tigard location is anticipated to seat approximately 200 people in its sanctuary and have worship services on Sundays at 12:00 p.m. and 7:00 p.m. Additional small gatherings may occur on weekday evenings. Weekday daytime activities will primarily be limited to several staff member activities. The following memorandum documents the existing uses and existing parking demand at the Pacific Terrace shopping center to determine if adequate parking is available to meet the parking requirements for Living Hope Fellowship. EXISTING USES Table 1 summarizes the existing land uses and tenants at the Pacific Terrace shopping center. As shown, there is approximately 34,877 square-feet of gross leasable space within the shopping center. Living Hope Fellowship is proposing to locate their worship service in 4,897 square-feet of space that is currently vacant. The land use category for Living Hope Fellowship is assumed to be "Worship" per the City of Tigard's Off-Street Parking and Loading Requirements code (Chapter 18.765 of the Development Code). Figure 1 shows the existing parking supply for the Pacific Terrace shopping center which includes a total of 106 parking spaces. FILENAME;H:I PROJFILEl19868-LIVING HOPE CHURCH PARKING VARIANCEI REPORTI DRAETI DRAFT LIVING HOPE PARKING STUDY MEMO 0210 2016.DOCX • • Living Hope Fellowship—Parking Study Project#:19888 February 10,2016 Page 2 Table 1: Existing Pacific Terrace Shopping Center Tenants and Land Uses Tenant Address Land Use Square Feet Shears Ahead 11505 5W Pacific Hwy Suite A Personal Services 2,100 IWARA Offices 11505 SW Pacific Hwy Suite B Office 1,050 Holistic Pet Vet Clinic 11505 SW Pacific Hwy Suite D Medical Office 2,100 Engineering for Kids 11507 SW Pacific Hwy Day Care 962 Vacant(Living Hope Site) 11507 SW Pacific Hwy Suite A Retail 1,789 Vacant(Living Hope Site) 11507 SW Pacific Hwy,Suite D Retail 3,108 Tattoo 11509 SW Pacific Hwy Retail 1,560 Vine Gogh Private Event Space 11511 SW Pacific Hwy Eating&Drinking Establishment 2,288 Vine Gogh Artist Bar&Studio 11513 SW Pacific Hwy Eating&Drinking Establishment 2,526 Exclusive Salon Products 11515 SW Pacific Hwy,Suite A Retail 1,720 Cabinets Unlimited,Inc. 11521 SW Pacific Hwy Retail 1,040 FASTSIGNS Tigard 11525 SW Pacific Hwy Retail 3,614 Work Force 11527 SW Pacific Hwy Office 1,740 State Farm Insurance 11529 SW Pacific Hwy,Suite A Office 961 Skyline Cars,Inc. 11529 SW Pacific Hwy,Suite B Vehicle Sales&Rental 805 MDCRS,Inc. 11533 SW Pacific Hwy,Suite A Retail 1,022 Phone Repair 11533 SW Pacific Hwy,Suite B Retail 1,022 Halal Meat&Mediterranean 11535 SW Pacific Hwy Retail 3,480 Halal Restaurant 11535 SW Pacific Hwy Eating&Drinking Establishment 2,000 Total 34,877 Figure 1: Existing Parking Supply 4111/404. i . - ` j / '.. / - • • r•� ,J/) Site Parking Supply . j '.r` ! :6b02 dard 7 Kittelson&Associates,Inc. Portland,Oregon • Living Hope Fellowship—Parking Study Project#:19888 February 10,2016 Page 3 EXISTING PARKING DEMAND A parking study was conducted at the Pacific Terrace shopping center in 2013. The study found that weekday peak parking demand occurs in the early afternoon at 1:00 p.m. with demand for 48 parking stalls and remains steady until 4:00 p.m. at which point it tapers down throughout the evening. Since 2013, all vacant space within the shopping center has been filled with the exception of the currently vacant space proposed for the Living Hope Fellowship. A more recent parking study was conducted at the Pacific Terrace shopping center during multiple site visits, occurring at several different time periods over the course of several days from January 24th through February 7th, 2016. The study found that weekday peak parking demand occurs in the early afternoon at 1:00 p.m. with demand for 56 parking stalls, which represents an increase over 2013 conditions. The increase can be attributed to the additional retail and office tenants within the shopping center that were not present in 2013. The addition of Vine Gogh Artist Bar has increased parking demand in the evening (currently operating Wednesday through Sunday) from 6:00 to 9:00 p.m. when parking demand from other tenants is low. Exhibit 1 shows the approximate parking demand of the existing tenants over the course of a typical weekday. As shown, weekday parking demand at 7:00 p.m. (when the Living Hope Fellowship is likely to have weekday evening activities) is approximately 50 stalls. Therefore, there are approximately 56 stalls available for the Living Hope Fellowship weekday evening activities. Exhibit 1: Existing and 2013 Weekday Parking Demand and Supply 120 i 100 80 -Weekday Parking 60 _ Demand(2016) WeekdayDemand(20Pa13) rking 41 40 -Parking Supply 20 0 I I 1 1 1 1 1 1 1 1 1 I 1 1 ca co ro co Q. Q ci Q o a Q 0o of 0 r-I N c-I N m Lrl l0 N 00 01 Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 10,2016 Page 4 Parking demand was also reviewed on Sundays when Living Hope Fellowship's parking demand will be at its peak. The current Sunday peak occurs at 12:00 p.m. with demand for 38 parking stalls. The peak coincides with Sunday mid-day events at Vine Gogh Artist Bar (11:30 a.m. to 1:00 p.m.). Exhibit 2 compares the existing Sunday peak parking demand to the supply. As shown, there are approximately 68 parking stalls available on Sunday during the peak time period, which is adequate for Living Hope Fellowship's Sunday worship services and adequate per the City's off-street parking requirements.' Exhibit 2: Existing Sunday Parking Demand and Supply 120 100 — v, 80 ro on 60 a 40 • 20 - 0 Supply Demand(Sunday-12 p.m.) ■Seriesl 106 38 PARKING REQUIREMENTS Chapter 18.765 of the City of Tigard's development code defines the minimum number of off-street parking spaces required for new developments and changes of use. It also includes provisions for reductions in the minimum parking requirements for developments with multiple tenants, such as the Pacific Terrace shopping center. Table 2 shows the parking reduction factors assumed for weekday conditions at the Pacific Terrace shopping center by land use type based on total square footage of each land use. Table 3 shows parking reduction factors for Sunday conditions based on the land uses that are operational and creating the highest parking demand on Sundays. Table 18.765.2 of the Development Code requires 1 parking space per 3 auditorium seats for a place of worship. Living Hope Fellowship is proposing a 200 seat sanctuary, which requires 67 parking spaces. Average Sunday midday parking availability is 68 spaces.See the Parking Requirements section. Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 10,2016 Page 5 Table 2: Minimum Parking Reduction Factors (Weekday Conditions) Square Footage Land Use Reduction Factor 14,263 Retail Primary Use-1.00 8,913 Office/Services Secondary Use-0.85 6,814 Eating&Drinking Establishment Tertiary Use—0.70 4,897 Worship All Other Uses—0.60 Table 3: Minimum Parking Reduction Factors(Sunday Conditions) Square Footage Land Use Reduction Factor 14,263 Retail Tertiary Use—0.70 8,913 Office/Services All Other Uses—0.60 6,814 Eating&Drinking Establishment Secondary Use-0.85 4,897 Worship Primary Use-1.00 Tables 4 and Table 5 identify the required parking per the City of Tigard's development code for the existing land uses with the proposed Living Hope Fellowship at the Pacific Terrace shopping center based on weekday and Sunday applications of the Reduction Factors. Kittelson&Associates,Inc. Portland,Oregon Living Hope Fellowship-Parking Study Project 11:19888 February 10,2016 Page 6 Table 4: Parking Code Minimum Parking Requirements (Weekday Conditions) Tenant S.F. Parking Code Land Use Parking Minimum Required Reduction Required Parking w/ Parking Factor Reduction Shears Ahead 2,100 Personal Services 2.5 spaces/1,000 s.f. 5.25 0.85 4.46 IWARA Offices 1,050 Office 2.7 spaces/1,000 s.f. 2.84 0.85 2.41 Holistic Pet Vet Clinic 2,100 Med Office 3.9 spaces/1,000 s.f. 8.19 0.85 6.96 Engineering for Kids 962(2 classrooms) Day Care 2 spaces/classroom 4 0.85 3.4 Tattoo 1,560 Retail 3 spaces/1,000 s.f. 4.68 1 4.68 Vine Gogh Private Event Space 2,288 Eating&Drinking 9 spaces/1,000 s.f. 20.59 0.7 14.41 • Vine Gogh Artist Bar&Studio 2,526 Eating&Drinking 9 spaces/1,000 s.f. 22.73 0.7 15.91 Exclusive Salon Products 1,720 Retail 3 spaces/1,000 s.f. 5.16 1 5.16 Cabinets Unlimited,Inc. 1,040 Retail 3 spaces/1,000 s.f. 3.12 1 3.12 FASTSIGNS Tigard 3,614 Retail 3 spaces/1,000 s.f. 10.84 1 10.84 Work Force 1,740 Office 2.7 spaces/1,000 s.f. 4.70 0.85 3.99 State Farm Insurance 961 Office 2.7 spaces/1,000 s.f. 2.60 0.85 2.21 Skyline Cars,Inc. 805 Vehicle sales&rental 1 space/1,000 s.f., 4 1 4 no less than 4 MDCRS,Inc. 1,022 Retail 3 spaces/1,000 s.f. 3.07 1 3.07 Phone Repair 1,022 Retail 3 spaces/1,000 s.f. 3.07 1 3.07 Halal Meat&Mediterranean 3,480 Retail 3 spaces/1,000 s.f. 10.4 1 10.44 Restaurant 2,000 Eating&Drinking 9 spaces/1,000 s.f. 18 0.7 12.6 TOTAL EXISTING TENANTS 34,887 133.24 110.732 1 Living Hope Fellowship 4,897(200 seats) Worship 1 space/4 seats' S0 0.6 301 • TOTAL PROPOSED 183.24 140.731 ' 1 Reduced to 1 space per 4 seats on weekdays when Living Hope is not at their peak usage time per Table 18.765.2 of the Development Code. 2 Observed weekday peak per Exhibit 1 is 56 spaces indicating the existing land uses generate approximately 55 spaces less demand than the code requires. 3 Required weekday parking for Living Hope Fellowship is approximately 30 spaces and well below the 55 available spaces. 4 Existing capacity is 106 spaces,approximately 35 fewer than the required 141 spaces with the proposed uses;however,there are currently approximately 55 unused spaces during the weekday peak so weekday parking will be adequate. Kittelson&Associates,Inc. Portland,Oregon Living Hope Fellowship-Parking Study Project#:19888 February 10,2016 Page 7 Table 5: Parking Code Minimum Parking Requirements (Sunday Reduction Factors) Tenant S.F. Parking Code Land Use Parking Minimum Required Reduction Required Parking w/ Parking Factor Reduction Shears Ahead 2100 Personal Services 2.5 spaces/1,000 s.f. 5.25 0.6 3.15 IWARA Offices 1050 Office 2.7 spaces/1,000 s.f. 2.84 0.6 1.70 Holistic Pet Vet Clinic 2100 Med Office 3.9 spaces/1,000 s.f. 8.19 0.6 4.91 Engineering for Kids 962(2 classrooms) Day Care 2 spaces/classroom 4 0.6 2.4 Tattoo 1560 Retail 3 spaces/1,000 s.f. 4.68 0.7 3.28 Vine Gogh Private Event Space 2288 Eating&Drinking 9 spaces/1,000 s.f. 20.59 0.85 17.50 • Vine Gogh Artist Bar&Studio 2526 Eating&Drinking 9 spaces/1,000 s.f. 22.73 0.85 19.32 Exclusive Salon Products 1720 Retail 3 spaces/1,000 s.f. 5.16 0.7 3.61 Cabinets Unlimited,Inc. 1040 Retail 3 spaces/1,000 s.f. 3.12 0.7 2.18 FASTSIGNS Tigard 3614 Retail 3 spaces/1,000 s.f. 10.84 0.7 7.59 Work Force 1740 Office 2.7 spaces/1,000 s.f. 4.70 0.6 2.82 State Farm Insurance 961 Office 2.7 spaces/1,000 s.f. 2.59 0.6 1.56 Skyline Cars,Inc. 805 Vehicle sales&rental 1 space/1,000 s.f., 4 0.7 2.8 no less than 4 MDCRS,Inc. 1022 Retail 3 spaces/1,000 s.f. 3.07 0.7 2.15 Phone Repair 1022 Retail 3 spaces/1,000 s.f. 3.07 0.7 2.15 Halal Meat&Mediterranean 3480 Retail 3 spaces/1,000 s.f. 10.44 0.7 7.31 Restaurant 2,000 Eating&Drinking 9 spaces/1,000 s.f. 18 0.85 15.3 TOTAL EXISTING TENANTS 34,887 116.60 99.73' • Living Hope 4,897(200 seats) Worship 1 space/3 seats 66.67 1 66.67 TOTAL PROPOSED 183.27 166.40' 1 Observed Sunday peak is 38 indicating the existing land uses generate approximately 62 spaces less demand than the code requires on Sundays. 2 Required Sunday parking for Living Hope Fellowship is approximately 67 spaces and approximately equal to the 68 available spaces. 3 Existing capacity is 106 spaces,approximately 61 fewer than required with the proposed uses;however,there are currently approximately 68 unused spaces during the Sunday peak so parking will be adequate. Kittelson&Associates,Inc. Portland,Oregon • • Living Hope Fellowship—Parking Study Project#:19888 February 10,2016 Page 8 As shown in Table 4, the minimum parking requirements of the existing tenants at the Pacific Terrace shopping center are approximately 111 parking spaces. The minimum parking code requirements for the shopping center with Living Hope Fellowship are 141 spaces. Although this exceeds the available parking supply of 106 spaces by 35 spaces, field observations indicate that existing uses are generating less demand than the code requires and there are approximately 55 available spaces to accommodate Living Hope's 30 required parking spaces. Based on this analysis, the existing parking supply is anticipated to be adequate at the Pacific Terrace shopping center to accommodate Living Hope Fellowship on weekdays. As shown in Table 5, potential parking needs for the existing tenants at the Pacific Terrace shopping center are approximately 100 parking spaces on Sundays. The potential parking needs on Sundays with Living Hope Fellowship is approximately 167 spaces. Although this exceeds the available parking supply of 106 spaces by 61 spaces, field observations indicate that existing uses are generating less demand than the code requires (38 spaces as compared to 100) and there are approximately 68 spaces available to accommodate Living Hope's 67 required parking spaces. Based on this analysis, the existing parking supply is anticipated to be adequate at the Pacific Terrace shopping center to accommodate Living Hope Fellowship on Sundays. Although the parking analysis indicates the on-site parking will be adequate; there are two additional sources of parking as well as good transit access to the site which could further reduce estimated parking demand. Burger King Parking Burger King's parking areas were not considered in this analysis; however its parking lot functions as part of the Pacific Terrace shopping center's shared parking supply and is under the same ownership as Pacific Terrace. Burger King has 36 parking spaces. Observations during weekday evenings and Sunday mid-day time periods identified a maximum parking demand of 13 spaces at these times resulting in 23 additional parking spaces that could serve Living Hope Fellowship during their peak time periods. On-Street Parking . The parking code allows places of worship to utilize on-street parking to meet some of their parking demand. There is available on-street parking within a reasonable walking distance along Spruce Street from 71st Avenue to 72nd Avenue (and beyond). Between 71St and 72" Avenues there are approximately 20 on-street parking spaces. Observations during weekday evenings and Sunday mid- day identified a maximum parking demand of 2 spaces resulting in 18 additional parking spaces that could serve Living Hope Fellowship during their peak time periods. Transit The Pacific Terrace shopping center has access to high frequency transit that could be used by Living Hope Fellowship visitors as well as the other shopping center tenants and could further reduce Kittelson&Associates,Inc. Portland,Oregon • Living Hope Fellowship—Parking Study February 10,2016 estimated parking demand. The Pacific Terrace shopping center is located on Pacific Highway with transit stops located immediately adjacent to the site. These stops are served by TriMet Route 12 (a frequent service route — including 15 minute headways most of the day on Sundays) that provides access to the Tigard Transit Center (for connections to WES and other bus routes), the Barbur Transit Center, and to downtown for access to other bus routes and light rail lines. Additional bus routes 94 and 64 can be accessed by walking to 74th Avenue and Pacific Highway. FINDINGS AND CONCLUSIONS Although the site is short of meeting the parking code requirements, the site has adequate parking available to accommodate Living Hope Fellowship based on the following findings: ■ The existing parking supply for the Pacific Terrace shopping center includes a total of 106 parking spaces. ■ The existing weekday peak parking demand was found to be approximately 56 spaces while the code requirement for the existing tenants requires approximately 111 spaces (creating a surplus of approximately 55 spaces). This indicates that the existing tenants generate a lower parking demand compared to the parking code and that there is adequate parking to accommodate Living Hope's weekday parking requirements of 30 spaces. ■ The existing Sunday peak parking demand was found to be approximately 38 spaces while the code requirement for the existing tenants requires approximately 100 spaces. This indicates that the existing tenants generate a lower parking demand on Sundays compared to the parking code. There are approximately 68 spaces available to accommodate Living Hope's 67 parking space needs. Based on this analysis, parking is anticipated to be adequate at the Pacific Terrace shopping center to accommodate Living Hope Fellowship on Sundays. ■ There are two additional sources of parking as well as good transit access to the site which could further reduce estimated parking demand. o There are approximately 23 additional parking spaces within Burger King's parking area that could serve Living Hope Fellowship during their peak time periods. o There are approximately 18 additional on-street parking spaces available on Spruce Street that could serve Living Hope Fellowship during their peak time periods. o The Pacific Terrace shopping center has access to high frequency transit that could be used by Living Hope Fellowship visitors as well as the other shopping center tenants and could further reduce estimated parking demand. Kittelson&Associates,Inc. SEI1OM EEDDLEItTMOD N0I ,I,VDIr1ddV - fid • • Pre-Application Notes for The Bridge Parking Adjustment (PRE2016-00016) Parking Adjustment Type II March 8, 2016 PLANNING STAFF PRESENT: • Cheryl Caines,Associate Planner • Lina Smith, Assistant Planner • Tom McGuire, Assistant Community Development Director APPLICANT:Jared Strickland, Living Hope Fellowship TAX MAP/LOT NUMBER: 1S136AD04000 PROPOSAL DESCRIPTION: Applicant requests a 20% parking reduction to accommodate a new religious institution, Living Hope Fellowship. The space is 4,897 square feet in size and will have 209 seats. COMPREHENSIVE PLAN DESIGNATION & ZONING: General Commercial (C-G) PROCESS Type II application process that includes: • Completeness review (first round can be up to 30 days) • Once application is deemed complete, review can take approximately 4 weeks o 2-week public comment period is included during review time • Decision will be Approved, Approved with Conditions, or Denied • 10-day appeal period after decision is issued SUBMITTAL MATERIALS Three (3) copies of all materials are required for the initial review process: • Master Land Use Application • Land Use Permit Application Checklist • Copy of Title Transfer Instrument or Grant Deed • Written summary of proposal: be clear that the applicant is requesting a 20% parking reduction • Narrative that describes the proposed use, request for parking reduction, and addresses the criteria in TDC 18.370.020.C.6.a. Also include impact study per TDC 18.390.040.B.2.e. • • • Copy of Pre-Application Conference Notes • Site Plan: o Reduced: 8 1/2" x 11" or 11" x 17" o Full Size: 24" x 36" or 22" x 34" FILING FEE: $769 ADDITIONAL INFORMATION: Building, mechanical, and/or plumbing permits may be required for interior work. PREPARED BY: Lina Smith, Assistant Planner i • City of Tigard " Pre-Application Conference Notes 71 TIGARD Engineering Division Land Use Name: The Bridge Land Use No.: PRE16-16 Tax Map(s): 1S136AD Tax Lots(s): 4000 These notes were prepared based on information provided by the applicant showing a proposal for a parking reduction. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project and are subject to change as the project develops and is better understood. PUBLIC FACILITIES None are expected to be required. City of Tigard Pre-Application Notes for: Click here to enter text. Mareii 8, 2016 1 of 2 • i CONTACTS Organization Contact Phone/Email City of Tigard Theresa Reynolds 503.718.2704 (Wastewater and Storm) Theresa@tigard-or.gov City of Tigard Rob Block 503.718.2607 (Wastewater and Storm) rob@_tigard-or.gov Comcast Margret Porter 503.596.3809 Frontier Communications Tam Nguyen 503.641.4463 Frontier Communications John Cousineau 503.643.0371 Northwest Natural Gas (NWN) Bob Keller 503.226.4211 x2964 rmk(c�nwnatural.com Portland General Electric(PGE) Jeff Steigleder jeffery.steigleder@pgn.com Streetlighting Portland General Electric (PGE) Lorraine Katz 503.672.5483 Undergrounding Tigard/Tualatin School District Maryann Escriva 503.431.4049 Operations Manager mescriva(a�ttsd.kl2.or.us Tualatin Valley Water District(TVWD) Ryan Smith 503.642.1511 Washington County(WACO) Naomi Vogel 503.846.7639 voctel(c�co.washington.or.us Oregon Department of Transportation 503.731.8219 Marty Jensvold (ODOT) martin.r.jensvold(a�odot.state.or.us PREPARED BY: Greg Berry 2/2/16 Development Review Engineer Date Contact Information: 503.718.2468, greg@tigard-or.gov 1:1ENG101 Development Engineering\PRIV-DEV(Private Devlopment)1Documents\Pre-ApplPre-Application.docx City of Tigard Pre-Application Notes for: Click here to enter text. Alarh8, 2016 2 of 2 • • TDT Estimate The Bridge Church 3/3/2016 . 1S136AD04000. 11507 SW Pacific Hwy. AMS TDT RATES EFFECTIVE 7/1/15 TSDC CITYWIDE&TSDT RT OVERLAY RATES EFFECTIVE 7/1/15 INSIDE RIVER TERRACE TSDC CITYWIDE EFFECTIVE 1/1/16 O Yes Project is in River Terrace ? O No Former Use Rate Type Use# ITE Code #Units Rate TDT Amount Description TDT 1 820 4.90 $11,140 $54,553 Shopping Center TSDC-Imp 1 0.00 $0 TSDC-Reim 1 0.00 $0 TSDC-RT 1 0.00 $0 Total TDT and TSDCs Former Uses $54,553 Proposed Use Use# ITE Code # Units Rate TDT Amount Description TDT 1 560 4.90 $3,360 $16,454 Church TSDC-Imp 1 $0 TSDC-Reim 1 $0 TSDC-RT 1 $0 TDT 2 $0 TSDC-Imp 2 $0 TSDC-Reim 2 $0 TSDC-RT 2 $0 TDT 3 $0 TSDC-Imp 3 $0 TSDC-Reim 3 $0 TSDC-RT 3 $0 Total All TDTs&TSDCs Proposed Uses $16,454 Less: Total All TDTs&TSDCs Former Uses $54,553 Total All TDTs&TSDCs Net Increase ($38,099) No TDT Total Net County TDT ($38,099) TDT TSDC Imp+ Reim Target Recovery Rate 28.0% 30% Estimated Total Impact $0 $0 Estimated Unmitigated Impact $0 $0 All TDT&TDSC TSDC RT Overlay Target Recovery Rate 28% 30% Estimated Total Impact $0 $0 Estimated Unmitigated Impact $0 $0 TDT=County Transportation Development Tax TSDC Citywide=City of Tigard Transportation System Development Tax(TSDC-Imp&TSDC-Reim) TSDC RT=River Terrace Transportation System Development Tax Overlay • • Parks Estimate The Bridge Church 3/3/16 1S136AD04000. 11507 SW Pacific Hwy. AMS ALL PARKS RATES EFFECTIVE 7/1/15 0 Yes Project is in River Terrace? I O No Note:All Neigh-Imp# Units entries= 0 if project is in River Terrace; All Neigh-RT# Units entries=0 if project is elsewhere in the city. Former Use Rate Type Use# ITE Code # Units Rate Parks Amount Description Parks-Imp 1 820 7.00 $367 $2,569 Shopping Center Parks-Reim 3. 820 7.00 $66 $462 Shopping Center Neigh-Imp 1 820 7.00 $0 $0 Shopping Center Neigh-RT 1 $0 2 $0 Total Parks Former Use $3,031 Proposed Use Use# ITE Code #Units Rate Parks Amount Description Parks-Imp 1 560 3.77 $367 $1,384 Church Parks-Reim 1 560 3.77 $66 $249 Church Neigh-Imp 1 560 3.77 $0 $0 Church Neigh-RT 1 $0 Parks-Imp 2 $0 Parks-Reim 2 $o Neigh-Imp 2 $0 Neigh-RT 2 $0 Total Parks Outside RT Proposed Uses $1,632 Less: Total Parks Outside RT Former Uses $3,031 Total All Parks Outside RT Net Increase ($1,399) No Parks SDC Proposed Use: Retail= 700 sf/EE: 4897/700= 7.00 Ees. Prior Use: Church= Educational= 1,300sf/EE;4897/1300=3.77EEs. Total All Parks RT Net Increase $o Total Parks-Imp -$1,185 Total Parks-Reim -$213 Total Neigh-Imp $0 -$1,399 Total Neigh-RT $0 Parks-Imp= Parks Improvement, Citywide including River Terrace Parks-Reim = Parks Reimbursement, Citywide including River Terrace Neigh-Imp= Neighborhood Parks Improvement Outside River Terrace Neigh-RT= Neighborhood Parks Improvement Inside River Terrace . • ADDITIONAL DOCUMENTS Standard Form of RETA I I LEASE •)*;2011 BOMA ORIL(0N RETAIL LEASE Between: Pacific Terrace Commercial,LLC .andlord-) And Living Hope, LLC 1-1enant") Dowd 12110115 - _ Norris&Stevens WIN Silistidarti k4IIR e RETAIL LEASE Piaui hood Lio—ailawd S III/ Standard Form of RETAIL 1..EASE it)2011 BOMA OREGQ14 TABLLOI CQINTERB ftTS 1. TERM 3 2. RENT 3 (a) Base Rent. .3 (b) Percentage Rent 4 (e) Statement of Gross Saks 4 (d) Records of Gross Sales .4 (e) Definition of Gross Sales 5 (f) No Partnership Created 5 (g) General 5 (h) Place of Payment 3 (i) Prepaid Rent 5 3. SECURITY DEPOSIT. 5 4. ADDITIONAL RENT 6 (a) Operating Expenses 6 (b) Property Taxes and Insurance 6 (c) Payment of-Operating Expenses,Taxes and Insurance, 6 5. INSURANCE: INDEMNITY 7 (a) Insurance 7 (b) Increases in Premiums 7 (c) Indemnity;Tenant's 1n.surance 7 6. USE OF PREMISES. It 7. TENANT IMPROVEMENTS AND ALTERATIONS 10 IT. REPAIRS AND MAINTENANCE I 0 (a) Landlord's Responsibilities ,1 0 (b) Tenant's Responsibilities. 10 (c) Inspections I I (d) Landlords Work 11 9. LIENS:TENANTS TAXES 11 10, ITTILMES AND SERVICES 12 1 1, ICE..SNOW.AND DEBRIS. 12 12. WAIVER OF SUBROGATION 12 13. INJURY TO TENANTS PROPERTY.. —....------.............................„... 12 14. DAMAGE OR DESTRUCTION. 12 (a) Partial Daitruction.............._,.-..........______...._____... . 12 (b) Substantial Damage 12 (c) Restoration 13 IS. EMINENT DOMAIN .13 (a) Partial Taking .13 (b) Substantial Taking oldie Property ...............i (c) Substantial Taking of Premises 13 WE i Standard Form of RETAIL LEASE jp 2011 110M_A OREGON (d) Definition 13 16. BANKRUPTCY. 13 17 DEFAULT 14 18. REMEDIES ON DEFAULT 14 19. SURRENDI-R AT EXPIRATION 15 (a) Condition of Premises 15 (b) F images 16 (c) Holdover 16 20. ASSIGNMENT AND SUBLETTING 16 (a) i.ancllord's Consent 16 (b) Payment to Landlord and Termination of Lease 17 21. SU BOR.DIN A TION 17 22. TRANSFER OF 111E PROPERTY IS 23. ESTOPPEL CERTIFICATE 18 24 PERFORMANCE BY LANDLORD ................................ II 25. LANDLORD'S RIGHT TO CURE DEFAULT., ..... ............. . IS 26. INSPECTION 18 27. FOR SALE AND FOR RENT SIGNS IS 2S. ATTORNEY FEES 18 29. NOTICES..................... . 19 30 BROKERS 19 31. LATE CHARGES 19 32. NO PERSONAL LIABILI 19 33. MISCELLANEOUS PROVISIONS 19 34 QUIET ENJOYMENT _20 35. ANTI-TERRORISM LAW (a) Tenant reprecentt and warrants to Landlord as follows /1 (b) Tenant covenants that shall fl)( _21 36. FINANCIAL STATEMENTS 22 37, WAIVER OF JURY TRIAL. 22 38. EXHIBITS AND ADDITIONAL PROVISIONS 22 39. REPRESENTATIONS.;PREPARATION 22 Ottii • • `tandard Form of RFTAII. I.I:Asl r"2011 BOMA ORF ;o'v SUMMARY OF E ,N )AMENTAL PKC)V1SJQr S Following is a summary of the basic provisions contained in the Lease. In the event of any conflict between any provision containexl in this Stunmary and a provision contained in the batancz of the Lease. the latter shall control. A Name of Landki d: Pacific 1 erraet Commercial_ 1.1.0 B. Address:Facsimik Number.and 1-. mail for Notices to landlord: _. C. Address for Rent Payments 1151St SW Pacific Hwy,STE 11507111507A Tigard,Oregon 97223 U Name of Tenant and Address of Premises- Living Hole,l.l.0 11505 SW Pacific His!,STE 11525111507A Tigardd,Oregon 9722.3 E. Address, t-aesimik Number,and E-mail fur Notices to 1 enant Jared Strickland jarcrWthisishope.rorn 503347_3859 F. Trade Name Under Which Tenant Will Operate m Premises: laving:Hope Church G. Business To He Conducted By Tenant at Premie Church H. Approximate Floor Arca of Premises 5.897 sf 1. loam:Term: Eighty Four(84)months .1 Estimated Commencement Date: June 1,2016 K. Base Rent Sec bion 2 1 . Percentage Rent Rate: NJA%of Gross Sales Norris&Stevens uJ tone afRETAIL Lt4SE ...._._........: PI... " ax 1.1,1,1 , • Standard Farm of RETAIL I I ASF. 011 BOMA OKLCON M Tenant's Pn ort innate Share of Additional Rent: 14..4%of Retail Arras 14.04%of Building Areas N Landlord's Broker: Brad M1tacomber,Norrie&Stevens. Inc. Cr Tenant's Booker. Tim Rads-Doan.Norris& Ste%ens,lac P. Prepaid Rent S4,4S11.42 Q. Security Deponit- 15.6"6.y7 R. Ca rantcx's Name and Address: .tared Strickland 3350 YtS 182"Ave Aloha,Oregon 97003 Norrislbw &Stevens srnurIf,rw.ifRErail U4NF. . . .r......_., ttw i.t..7 I� aw..rwored Yh++emr.lMb.r—Imo w.r.ows. t..0..4 ;0411.416,.. • • Standard Form of RETAIL LEASE t'. 2011 BOMA OREGON THIS LEASE is entered into this ►8th day of December. 2015. between Pacific Terrace Commercial. LLC('1 andlord").and Living Hope,LIG("Tenant") Landlord has constructed, is constructing or will construct a building or buildings and other improvements (the "Btuk1ing") on that certain property located at 11507 and 11507A SW Pacific Hwy. in the City of Tiard, Cotmty of Washington.and State of Oregon(the "Property"). Landlord hereby leases to Tenant and I enant hereby leases from Landlord certain space on the Property consisting of approximately 4,897 square feet. as outlined on the attached F xhihit A(the "Premises")on the terms and conditions set forth in this l.ea.se. TERM The term of this Lease lthc "Ierm )shall be toe a period of Eighty Four (M) months. commencing on the-44944o oceof-the (a) May I. 2016.(hf the date on wiwfi tenant be- -ins trans:w4 b.rsi+►ess,n. at. or neateana,anaoiisao,-0e4c4 —4-- #days after—L-andloril Ires deft erod p ss '.. n of the-f remises-to ;ming with awl:- -ta i per f+n r ndhxti in the-I4erritsee(.ts aky ,and k><d is an sndriteit-a'ttacw#-to t steaere.if any)-sehstantially completed(the "Commencement (late") Tenant shall cxonplete any work required in the Premises,and approved by Landlord pursuant to Section 7 below. within One Hundred Fifty(150)days after Landlord delivers possum of the Premises to Tenant If the first day of the Term shall be a day other than they first day of 3 calendar month, then the ferns shall be deemed extended by the number of days between the Commencement Date of this lyse and the first day of the first calendar month thereafter, so that the Term shall expire at the end of a calendar month. In the event Landlord allows Tenant the right to early possession of the Premises for the purpose of installation of Tenant's tmprov'rtrxnts to the Premises or for other purposes, Tenant's entry into the Premises shall be subject to all terms and conditions of this tease. except the payment of Rent Tenant's entry shall mean entry by tenant, its officers. contractors, employees, licensees. agents. servants, guests. invitees, and visitors. If Landlord, for any reason. does not deliver possession of the Premises on the e.stitnated Commencement haute set forth ut the Summary of Fundamental Provisions(the "Estimated Conunenc-ement Date"). this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting from such delay. In that event however, Landlord shall deliver possession of the Premises as soon as reasonably practicable. If Landlord is delayed in delivenng possession to Tenant for any reason attnbutable to Tenant this Lease shall commence on the Estimated Commencement Date set forth in the Summar of Fundamental Provisions. If Landlord, for any reason not attributable to Imarnt, is unable to deliver possession of the Premises within one hundred eighty (180)days fotkiwine the Estimated Commencement {)ate. either party may terminate this Lease by written notice given within ten(10)days following such party's acquiring knowkd_e of such delay. 2 RENT Beginning on the Commencement Date and continuing,during the entire Term, Tenant shall pay to landlord as rent for each "Lease Year""Base Rent'as defined to this Section and "Pe-rcentage Rent" as defined in this Section. 'Ihr term"Lease Year'shall mean the period from the Commencement Date through the first December 31 following the Commencement I January 1 through December 31 for each subsequent full calendar year during the Term,and January I to the end of the I errs for the final I.case Year. All Rent shall he paid when due without notice,offset.or deduction or for any reason (a) Rare Rent The initial monthly Rase Rent during.the Term("Rase Rent")shall be S4,188.92 Effective Dale of Rent Inewase yr.• Rase Rent June I,2017 S4.897.00 Jure I.2018 S5_043.91 June I.2019 55.19-23 lane I,2020 55.351.08 Pace 1i,t4, Norris&Stevens •" ' Mondani Form 41 RETA IL LEASE .",.". .�.t... teral • . ... 7r.sr./It.r. ,•41.s11 • • Standard Form of RETAIL LEASE 12,211JAIALLOALGIDL Juice 1,2021 $[,511.62 June!.2022 S5.676.97 Base Rent shall be paid m advance on or before the first(I d)day of each calendar month during the Term.except for the first (le)calendar month. Upon execution of this Lease. 1 enant shall pay to Landlord Ka.e Rent for the first (l e)lull calendar month of the Term which is.et forth on the Summar of Fundamental Provisions, lithe first month of the Term shall he a partial month, Rase Rent shall be prorated on a daily basis,based on the actual number of days in such month. and the amount due for such partial month shall be paid on or before the first(le)day of the first(Ie)full calendar utiwtth following the Commencement tate. (h Percwtage Rant PJereentitee-Rent-shall he an-- tit q"'•' hT '- _ or eYtt ( 6(.) of--Tttrtattrs "4icu ec isles.-=a'.aie ftsteat belo w,terreach-lease Yea:--less any 14 Me Rent-act &y paid by Ta crit-durniglis town Year, Percentage Rent, wheat-a44eablr,shall he-f+a+oi on►K before-the-tenith 4 10e-)day it,f-eac#-ttu•iiih cubit,the Cease fear-with;tuttjieameni-at(het-edofz 4 a e Year as(x .4 w Oft bek*o-thefehlh 406:f day of ecit:lt 010144+44rovr,the Tett:-e?teefs-fix the initial TOe:.ntk 4if the-Te --launt stall 1ia'e :wt amount equal tit-t -pe coot re wet-fe -above of('.friss-Rales in the i, month, actually teases he Tetltnt-tele the previous-calenektr month. the,--cess over the-Base&e t shall hepaidbi- -mann to I.ani1lerd .intotltaneou4 with ilre delnery-of the statement-i?t mtuitltly£Foss-Male-pursuant to-the-terms-of-Section 2(e) (e}- -twterxeat of-Gross-Sales t:in or-before tenth{ A"'.-day*•€e,t#t n Fish-fisher to, fat t 10+y-Pe.fces*ittre Kent is iiayolt4e74emit shall iieltver tt. I.ancdltiid-tea c.snplete af444.ocrtvi -.tatertieft showing in reasonable detail all C,tt .s les-4tr the mini kittely txe'ettia!i.-Eale'ii►l:u nteofAti--whic4 statement-shallbe sotored lw an-slitteri►r.withorined-a crate#-la"eitrii cert►€+insit its be-timet t :sate:-{-)w-tar before the k'fly--fifth(d*'")day alter the end of each-1,ease Year duties.t . Tenant-shall deliver to-- kirit:i clettipil- to r oneet staterncm .Attwinr it►rea5(lflat4e•-de‘atl all t lata: Sales-kir sach--1-.i a se si ear and-the amount of Rase-Rent and Peseentage--Ramat actually pant-tot such I suave Y .-whtth statement .hall he stele.:~-by ;tit itfficer_o- horired af.!crtt-ef-T.nant coriif -tt-to-hn bate and acE4+Fdie, s+iftt+lltamv ve-1 v with-the-dlrltwerr of rely-stateniera for the-Tease-Years I A nna shall- r-tn l,awilkerd the additional Percentage trial, if-ani;--miptired to be-pati€wereie+des Gess-Rent payment-i>y-tenant for the lease-Year shall-Oe applied term's eel;4.ut ct+eri•ong payment of-Rent or other char-des--under the.,I Ka tae{spathe >we ser. that al no feather--paymewl is uv.zt-5a itcesn Rent payment shall he paid te-eaarit within truly- s:tfttr raced fti of-aa_h>tateniwr 1 unless wit#tinr thirty(•01 day}-after the attieiiit t4-t # stittrisuum I Antlktr4 cc s an awls* .►. pro deo-l}ece4i W i bin fifteen (I S) days-atter- tenant's ithefite-tali-trcttlrf. are file& the-prt.€'ar et of 3eeraut's i►tavttoe-las-stoat; dial) tturnhsh I andlord with-e s.rsaii .tatettteatt-< nlytnt the anwiuftt-of Craw. sale% r orteaI in Tenant=statornr ase ret :atts`ilw.ia&4e tent`-Pmases (d) Reeord f gross Sales tenant nant .hall-kee+4 enplane and-props; hooks of account and other records-pertatnine to(:ecus Sales- n—a monthly basis The books anal ra+'wdS shall-he kepi ire made-;hvailatile.:ti a location-rea.oaaitly antessible to-trandl 4+l. who may irtspeet ahll--sac-ti books and records-at all easasi ahletimesdo verify- enartt'o(.•s+it.' Sales. Teat-shall oldie* cash re inters equipped with scale ..'-onluawwn t{otaisteferawtl all Gross---Sales.- oh cash ret -shall be available-for-Lint$latrd's review witli lenartt` .other-buil:::anti ta*tiitrd5:—Wttfttn tlwee 414 Touch stateanettt itf(:rates Sales-kw ct t rase V :whether or-riot-it has,beet;.tibrt:itte oc whet/ow of not 1-anillertl-has.aceelfted a .i rficirney--paymen* of. teh:Ailed•an rats - iilor;l may teeluest-apt audit of fettant1/2--4sress-Sa1e1s by nava i fierettaieet-eertfl+eal incl4c-aer.ouniartt chosen-by-�leena tt form a hast-a4-not fewer than-three-444 snbr.11eel by I.aawlktraiif-connection wit}4he-regoest if Tenant—does not etpaIe the-choice within five t:4-da?rs;-i anvil rd may do „tt Theaudrtar shall base.-act- to all Ta i's-book.:unl records--and shall take-archas-(lie:tatiitetr deems necessary to complete the-Oaths* Ilse auditor repsifi shall be-Bial 4aw1 bindtrtr epoo-harkiikuti anti Ienact;and payments requited to make.klturtniefitS ifs-Pea..rdaee Rent-fe(efil►rw it. the report-shall be matte within tttw4-144l V=4of40 Norris Si Stevens libtu V WentWr/tr+rwt et( lAiL LUS - Maw tsar ..w.�r+..r.K...-........�wr�....>oa�..r.e.�.+.+..r+..�aar.r ata4n$ lana S Standard Form of RETAIL LEASE 4..": 2011 BONI A ORECON dinesaiter teeeipt-of-the ftep011 if the GfecAs-Sakt:fin Orr-Leese Veer-M*4404 14i.4144 urN.1*the atidittlf-40-46e undursiated-by-ineer-thon two pereent-f-i-' lenank4ia4iminethately--pily L....m.3'0rd the erica of-sach-audit otherwise,-theeest-of-stich audit%halt he-paid-larailtbril (e) -Deftiettionef-Gpross-Sales 111.4acw274:44mis.Saies,"T.nan-liwaattatt ukase', and-Minn,4.4 value received hor paid-to:-Tenantor tciothfor Tenon:4**,4).4nd benefit end-ail-credik extendedby-i-en ant in ciNtOkieliton with-the bassness-ck*Kloicted by it on** Pierinses-ancLinelndirte sales-ottoods-or services by-arne-t•oncessionaire. subtenant.-or-licensee-an. d-sales throngh vending-clev-ices-iesi.,ept ,--k,chm 1thfied k ny s4c taxes 04 eteise-rantes-based-iapon--sake, twice tollocred from cosk-aner-s-and-tor-whirla Tenant if,aecotintable to any:no - • • --.• • agency,and ie . the-amoom •f an act tral-Fetorek:or eaealits roade-hyL-lenantonreturnehle inerehandisset--43roso' Sales,shall include any-discount paid or-payeble-to any-firm or PeFF.OR4Of thr use-of any tredit-t-?,,stem-or-credit Ataintservioe: Gross Narlea-shailLinchiiie all-proceeds retasiveri frorn-areothrig machines owned =Tenant or-by-any firm Of-perf.P41 whic.14,:t.. milltkAd+ap..1/4-44444al*,or parent of-Tenant- 4rall-ineledeooty the proceeds ultimately resew leitati4-1K rnmtions ckoilierWiSe4R-E4*PRitti-1100 iiih **Adine-nbseimes-411.14 are ten owned In.-Tenant-4,04. 01441e4I 4.+F -p~4 whfris-a-faksishop.-.affiliate,of parent ol4enanc-provided that such vettding-ntachthe do net produce-a-s4ni.tanoal portion of TenantLf-:-boSin•96--, A44sales-eaits,thating al:on.or from the Pretnises.-and-all ekiinforrie. `cittaing:,-OF-tinerwrit roade-norn4ne-Prentiser.,nnd A-sunk-sales made-by certain-within-- k .) of-the-Prernises shall lie-einisidened-ini made-nod completed-therein; *yen shout*bookkeeping--and payment of-the-nocount may lienarKferred-toanother'dace for collecison-and even thourrn actual 414iiift-04-114e-Sa* OfileF-tinti-a(44,111464i,Wert thereef.inay-be made from eplaee-other-than the Premises. No Partnership Created landlord is not by virtue of this Section 2 a partner or joint venturer with Tenant in connection with the business carried on under this Lease,and shall have no obligation with respect to Tenant's debts or other liabilities. (g) General All references to "Rent- or "Rental" in this Lease shall mean Base Rent, Percentage Rent, Additional Rent. and all other payments required of Tenant under this Lease,unless otherwise expressly specified,and all payments required by Tenant under this Lease hali be deemed-Rem" (h) Place of Payment Tenant shall pay Rent and other amounts required to be paid by Tenant hereunder to Landlord at the address for Landlord ni forth on the Summary of Fundamental Provisions of this lease,or at such other place as I audit-kid may from time to time designate in writing, (i) Prepaid Rest Upon the execution of this Least, Tenant shall pay to Landlord the prepaid rent set forth on the Summary of Fundamental Pros isions. Landlord's obligations with respect to the prepaid rent arc those of a debtor and not of a trustee,and I andlord shall be entitled to commingle the prepaid rent with Landlord's general funds, landlord shall not be required to pay Tenant intim-est on the prepaid rent Landlord shall be entitled to immediately endorse and cash 'Tenant's prepaid rent: however, such endorsement and Lashing shall not constitute landlord's acceptance ot ibis Lca.se. In the event landlord docs not accept this Lease. Landlord shall promptly return said prepaid rem to Tenant. 3. SECURITY DEPOSIT Upon execution of this Lease. 1 .esurru shall pay to Landlord a sum equal to the amount set forth on the Summary of Fundamental Provisions, landliird shall be entitled to apply the Security Deposit to pay the cost of repairing any ilitniage caused by Tenant, or performing any obligation which Tenant fads to perform within the lime required by this Lease, hut such application by landlord shall not waive Landlord's other remedies nor be the exclusive remedy for Tenant's default Such security deposit shall be returned to Tenant within thirty(30)days after the expiration of this Lease, provided Tenant has fully and faithfully carried out all of Tenant's obligations hereunder, including the payment of all amounts due to Landlord hereunder and the surrender of the Premises to Landlord in the condition required in this Irate However, Landlord.at its option,may apply such sum on account of the payment of the last month's Base Rent or other unpaid tenant obligation.s, in which latter event. Tenant shall replace any such sum Pate.5 ol 40 Norris&Stevens Ilekt _Cidfaard Ft",PI/Rt1"411.-LEAS Mew Wu, 1) 1.1,1 110,131.4 • S Standard Form of RETAIL LEA SL *%2011 BOMA OREGON applied by landlord immediately upon notice from Landlord of such requirement Such sum may be commingled with other funds of Landlord and shall not bear interest. In the event of a sale of the Propety, landlord shall have the right to transfer the security deposit to the purchaser to be held under the terms of this Lease,and I.andlord shall thereupon be released from all liability for the return of the security deposit. I enant agrees to look solely to the new landlord for the return of the security deposit. 4 ADDITIONAL,RENT (a) Operating Expenses In addition to Base Rent. Tenant shall pay to Landlord a proportionate share of the Operating Expenses incurred by Landlord in connection with the Property. Thc term "Operating Expenses' shall mean all expemes.paid or incurred by Landlord or on Landlords behalf, as reasonably determined by landlord to be necessary or appropriate for the efficient operation. management, maintenance, and repair of the land and the Building ()perarinr. Expenses shall also include the cost of any capital improvement to the Property or Building. amortized with a reasonable finance charge over the shorter period of(i) its useful life or (ii)the longest period during which the cost can be amortized under applicable tax laws, provided. however, that such capital improvements shall include only roof. heating. air conditioning, and sprinkler systems,. and those that are required by applicable building codes or laws, or those that Landlord reasonably believes will improve the optxatine efficiency of the Building, or the Property. Operating Expenses shall also include a reasonable management fee to be paid by `Conant to Landlord in an amount equal to Landlord's total man:tea- oem fee multiplied by Tenant's share of Operating Expenses for the retail areas of the Building. 'Tenant shall pay to Landlord an amount each month which is equal to one-twelfth (112)the estimated Annual Operating Expenses. as provided in Section 4(c) below, Tenant's Proportionate Share of Operating Expenses shall equal fourteen point zero four percent (14.04%) of those Operating Expenses applicable to the retail arena of the Building and fourteen point zero four parent(14.04%)of those Operatmg Expenses applicable to the Property and the Building in general. Landlord may reasonably modify Tenant's Proportionate Share of the Retail Area andor the Building Area if the Retail Area and/or the Building Area is increased or decreased, as the case may be. Landlord shall allocate Operating Expenses to the retail areas in the Buikling and to the Property and the Building in general.in Landlord's reasonable discretion. (b) Property Taxes and insuranc7e In addition to Base Rent. Tenant shall pay fourteen point zero four percent (14.04".)of all real property taxes and assessments levied, assessed. or imposed during the Term upon the Property ("Taxes") and fourteen point zero four percent (14.01%1 of the costs of insurance provided by Landlord pursuant to Section n(a) ("insurance"). Tenant shall pay to Landlord an amount each month which is equal to one-twelfth (1:12) of the estimated annual Taxes and Insurance together with Tenant's payments of Operating Expenses.as provided in Section 4(c)below. If. during the Term, the voters of the state in which the Premises arc located or the state leOslature enacts a real property tax limitation.then any substitute taxes,in any name or form.that may be adopted to replace re supplement real property taxes. shall be added to Taxes for purpose•s of this Section 4(b). Should there he in effect during the Term any law, statute. or ordinance that levies.assesses,or imposts any tax (other than federal or state income tax) upon rents, Tenant shall pay such taxes as may be attributable to the Rents under this Lease or shall reimburse Landlord for any such taxes paid by Landlord within ten (101 dans atter landlord bills Tenant for the same Landlord will provide any information accessary to facilitate Tenant's reasonable request to the city to abate property taxes for its space.. (c) Payment of Operating Expenses, Fates and Insurance Landlord shall notify i errant of Tenant's required estimated monthly payments of Operating Expenses. ]axes. and insurance. Beginning on the Commencement ()ate, and continuing throughout the Term. Tenant shall make such monthly' payments on or before the first (1m) clay of each calendar month, Landlord may. from time to time, by written notice to"tenant,chanes the estimated monthly amount to be paid No interest or earnings shall be payable by Landlord to tenant on any amount paid under this Section 4. and ',walked may commingle such payments with other tunds of l.andkxd. Landlord shah, within ninety (90) days after the close of each calendar year or as soon thereafter as is practicable.deliver to Tenant a written statement setting forth the actual Operating Expenses. Taxes, and Insurance for the prior year together with a computation of the chser}'c or credit to Tenant of any difference between the actual cost and the estimated cost paid by Tenant for such period: and any such difference shall be applied to amounts subsequently due from Tenant to I.endlord, or if no such sums are or will be owed. then such Pare ft of TO Norris Stevens Sit ndan!r rwM r3/RF.T.A1L LEASE f•"�-:► • f• �.. P‘ 'WAN if)j , .�•.. .+..ti•.,-•*of*+.••,.}•.-.i r•.•Atr 2.w fa* .--..-:v..... I.4104ft P11H 411 I Standard Form of RETAIL LEASE t 2011 ROMA OREGON cams shall be paid or reimbursed. as applicable, within ten(10)days after Landlord gives Tenant notice thereof. If Tenant has any objections to the annual statement made by Landlord.such objections shall he made in writing given to landlord within thirty (30)days after the statement is submitted to tenant. If no objection is made within such time period, the annual statement shall he eaelusive and binding on Tenant If tenant desires to review any of I.an dlind's records pertaining to Operating Expenses, Taxes. or insurance. tenant may do so after tele onahk prior motive given to landlord, but no more often that once during any calendar year. Such review shall take place where such records are kept. and shall be co nshased by a certified public accountant chosen by Tenant subject to Landlords prior written approval which shall reit be unreasonably withheld. Tenant shall pay all costs of such review including without limitation reimbursement for time incurred by Landlord's representatives and photocopy o arges.. S. INSURANCE; INDEMNITY (a) Insurance During the Term.Landlord shall maintain in full force a policy or policies of siatndarrl multi-peril insurance covering the Building and other improvements(exclusive of Tenant's trade fixtures,tenant improvcmc-nts and other property) situated on the Property for the perils of fire, lightening., windstorm, and other perils commonly my covered in such policies. Additionally. the perils of earthquake. landslide. flood, an4'ur other peril. may }e covered at the election of Landlord. During the Term, landlord shall maintain m full force a comprehensive liability insurance policy in amounts considered appropriate by landlord insuring Landlord against liability for bodily injury and property damage occumng in, on.or about the Property. Landlord shall use its n-aaonahle efforts to secure said insurance at competitive rates (b) Increases in Premiums This Lease is entered moo on the basis that Tenant's occupancy will not affect the Property's classification for insurance rating purposes If the insurance premiums on the Property are increased during the Term as a result of the installation of equipment on the Premises b's tenant, by reason of Tenant's maintaining certain goods or materials on the Premises, or as a result of other use or occupancy of the Premises by Tenant. Tenant shall pay the additional cost of the insurance for any such buildings (whether or rex Landlord has consented to the activity resulting in the increased insurance premiums). 1 cha t shall refrain from any activity in its use of the Premises that would make it impressible to insure the Premises or the buildings situated on the Property against casualty or that would increase the insurance rate of any such buildings or prevent landlord from taking advantage of the ruling of the Insurance Rating Bureau of the state in which the Premises are situated or its successors allowing Landlord to obtain reduced premium rates for long-term fire insurance policies. unless Tenant pays the additional cost of the imurance. All of Tenant's electrical equipment shall be 1,1-I. approved. if Tenant installs any electrical equipment that overloads the lines in the Premises or in any such buildings. Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters and governmental authorities having jurisdiction. Any insurance premiums to he paid by Tenant by reason of its initial intended use of the Premises or any increase m fire insurance premiums attributable to l cramp's use or occupancy of the Premises during the Term shall be paid by Tenant to landlord within thirty(30)days after Landlord hills Tenant for the same. (c) Indemnity;Tenant's Insurance Tenant shall indemnify.defend.and save harmless Landlord tram any and all liability,damage.,expenses.attorneys' fees, causes of actions, suits, claims, or judgments, arising out cif or connected with (i) the use, occupaircy, management, or control of the Premises, (ii)any failure of Tenant to comply with the terms of this Lease, and(iii) the acts or omissions of Tenant,its agents,officers.directors.employees,or invitees:provided,however,that Tenant shall not be liable for claims caused by the sole negligence of'i.an dford. Tenant shall, at its own cost and expense, defend any and all suits that may he brought against Landlord either alone or in conjunction with others upon any such above-mentioned cause or claim, and shall satisfy. pay. and discharge any and all settlements paid by or judgments that may be entered against landlord, regardless of whether a lawsuit is actually filed. Tenant shall at its own expense during the Term carry in full force and effect(a)a comprehensive public liability insurance policy with limits of not less than Two Million Dollars(S2_000.000)combined single limit bodily injury and property damage per occurrence and in agg;res;ate.and(b)a business automobile liability insurance covering owned, non-owned, and hard vehicles with a limit of not less than One Million !Sollars($l.Q('1ft,OO()). with an insurance carrier satisfactory to I andlord, naming Landlord. Landlord's management agent, and Landlords lender as additional insureds Said Pee 7 of*II Norris&Stevens es( Standard Panty of RETAIL LEA — «„.r..... -- Micsac bond 7p,....r1,vw.,nom.w..r!`*.te...r-••-...w.r.AAAA..w.'*Fr r.arr r., IAPIA .f (t .• • 1111 Standard Form of RETAIL LEASE C 2011 110M OREGON msurance policies shall insure against any and all liability of Tenant with respect to the Premises and under this 1 ease including. without limitation. Tenant's indemnity obligations under this Lease. or arising out of the maintenance. use. or occupancy of the Premises. Tenant shall carry insurance that fully covers repair and replacement of broken stcmfrnut windows. If engaged in the sale or distribution of alcoholic beverages, Tenant shall earn liquor liability insurance in a form and in such amounts satisfactory to Landlord. Such policy shall provide that the insurance shall nut be cancelable or modified without at least thirty(30)days'prior written notice to Landkird, Landlord's lender and landlord's managing agent. if any, and shall be deemed primary and noncontributing with other insurance available to Landkird. On or before the Commencement Date. I mart shall turnesh I andk,rd with a certificate ex other acccpiabk evidence that such insurance is in effect. Tenant shall also provide and maintain insurance to comply with Worts rs Compensation and t mployers Liability Laws. 6. USE OF PREMISES The Premises shall be used for Church and for no other purpose without Landkird's written consent. In connection with the use of Premises. '1 enant shall, at Tenant's sok cost and expense, except as specifically provided otherwise hen'in. a) Conform to all applicable laws,statutes,rules.ordinances.orders, regulations.and requirements.of any public authority ("Laws") affecting the Premises and the use of the Premises and correct, at tenant's own expense,any failure of compliance created through tenant's fault or by reason of Tenant's use.unless such failure is due to landlord's default in the performance of the agreements set forth in this Lease to be kept and performed by landlord. Without limiting the generality of the fore oing. Tenant shall comply with the Americans with Disabilities Act as it applies to the Premises and all obligations pertaining to asbestos as required by the Occupational Safety and Health Adm nistration(OSHA) applicable in the Premises and to Tenant's employees. if Tenant's permitted use includes operating as a "dry cleaning facility" as defined under ORS 865 51S,then Tenant shall take all steps necessary to obtain exemption from admmistrativc and judicial action and exemption from liability under ORS 465.503,as may be amended: Refrain from any activity that would be unreasonably offensive to Landlord, to other tenants in any buildings situated on the Property.or to owners or users of the adjoining premises,or that would tend to create a nuisance or damage the reputation of the Premises or of any such buildings Without limiting the generality of the foregoing. Tenant shalt not permit any noise or odor to escape or be emitted from the Premises nor permit the use of flashing(strobes lights nor permit the sale or display of offensive materials as reasonably determined by l andkad. ci Refrain from loading the floors, ekctneal systems, plumbing systems, or heating, ventilating and air conditioning systems("HVAC"),beyond the point considered safe by a competent engineer or architect selected by Landlord and refrain from using electrical, water.sewer, HVAC. and plumbing systems in any harmful way If Landlord employs an engineer, architect, electrical. or other consultant to determine whether Tenant's use of the Premises is in violation of this Section 6(c).Tenant shall )stay the reasonable costs incurred in connection with that employment. Tenant shall use hair interceptors. grease traps. or other drain protection devices as needed to avoid such harmful use: sli Not permit any pets or other animals in the Premises except for Seeing Eye dogs. c) Refrain from making any markt on or attaching any sign, insignia, antenna, window covering, aerial,or other device 10 the exterior or interior walls., windows,or roof of the Premises without the written consent of landlord_which consent shall not be unreasonably withheld. Landlord need not consent to any sign that fails to conform to the design concept of' the buildings situated on the Property, and all policies and procedures as established by landlord. Prior to installing any signs. Tenant shall submit detailed coke drawings to Landlord for approval indicating the location,size.layout,design.and color of proposed sign.including all lettering and graphics. Electrical service to all signs shall be at Tenant's sole expense Free standing or monument signs are prohibited. Notwithstanding landlord's consent to any signs. Tenant shall (i)comply with all Laws and obtain any necessary permits and governmental approvals related to such signs at its own cost and expense. and (ii) within fifteen (15)days alter I ease expiration or earlier termination,remove all such signs and repair any damage to the Premises caused thereby,at Tenant's own cost and expense, }'am 3 of 40 Norris&Stevens 'Mpg 5uR,it, i Roar of IOTA f1.114SE rw.irur(s 4-4 44,,..E.r l 1.111444.4.41.4644..."r Min lore a.•.e...ior ••••••4t.wnaWr�. 4410 44.44 1 • • Standard Form of RE:TAII.LEASE: CI 21)11 UUO.N1A oRF(;o f) Comply with any reasonable rules respecting the use of the Premises promulgated by Landlord from time to time and con to Tenant in writing. Without limiting the generality of the foregoing. such rules may establish tours during which the common area shall be open for use, may regulate deliveries to the Premises and may, regulate parking by employees. Recognizing, that it is to the batt interests of all tenants to accommodate the parking needs of customers, landlord reserves the right to require employees of Tenant to park in designated areas of the common arca or to park outside of the common arca if Landlord determines that the extent of empbvee parking is detrimental to the businesses of the tenants or any of them. Tenant .hall use its fest efforts to complete. or cause to be completed.all deliveries, loading and unloading.to the Premises by 10 a.m.each day.and to prevent delivery trucks or other vehicles serving the Premises to park or stand in front of the locations of other tenants: Comply with any no smoking(and other health related)policies and procedures established by any Law or by Landlord from time to time: h) Recognize that it is in the interest of both Tenant and i.andlord to have regulated hours of business. Tenant shall keep the Premises open fox business and cause Tenant's business to be conducted therein during theme days and hours as is customary for huusinesses of like character in tate city or county in which the Premise's are situated but Many event-41unng those flays rs rec+.uw►at4y estabkshod by landlord)which:at-the ‘Iontenisneement Da'e.sha1LIx+ •a m t" —— Morales-P-) Morales-through- tray and an 4* Sundaes. and Tenant shall be entitled to remain closed on legal holidays Any failure to operate by Tenant shall be excused to the extent that the use of the Premises is interrupted or prevented by causes beyond Tenant's reasonable control: provided. however. that Tenant's financial condition. poor market demand for Tenant's products. and other economic fix-toes shall not excuse Tenant's obligation to continuously operate as required under this section. i) Maintain on the Premises an adequate stock of merchandise and trade fixtures to service and supply the usual and ordinary requirements of its customers. If tenant has a food or beverage related use, Tenant shall not use a substantially new or modified menu without Landlord's prior review and written approval of the menu,which shall not be unreasonably withheld. j) Not permit any cash. credit card. or coin-operated vending. novelty. or cammg machines of equipment on the Treatises without the prior written consent of Landlord:and not permit the use of any part of the Premises for a sec-rind-hand store, an auction. distress, fire sale. bankruptcy. or going-out-of-business sale or the like: k) Refrain from violating or causing the violation of any exclusive use provision granted to any tenant or other occupant of the Property as to which Tenant has been given written notice, I) Not commit or suffer any harm to the Premises, including without limitation. the improvements thereon or any part thereof;and'Tenant shall keep they Premises in a neat.clean.sanitary,and orderly condition: ml Refrain from any use of any area on the Property that is outside the Premises. unless such ruse is specifically permitted in writing by 1 aruflrmd in advance. n) Not generate. release. stor, or deposit on the Premises any environmentally hazardous or toxic substances. materials,wastes, pollutants,oils„or contaminants.as defined or regulated by any federal, state.or local law or regulation or any other Law (collectively, "Hazardous Substances"). except that Tenant may have and use small quantities of I lazardous Substances on the Premises as required in the ordinary course of Tenant's business Tenant shall indemnify, defend. and hold harmless Landlord (nun and against any and all claims, losses. damage. response costs. and expenses of any nature whatsoever (including without limitation attorneys'. experts'. and paralegals' ices) arising out of or in any way related to the generation_ release, storage, or deposit of Hazardous Substances on the Premises or on I andlord's property by Tenant or any other person or entity other than I andlord on and'or after the date of this Lease, Pape 9 ouf.1(t Norris it Stevens "Nu 1'cu adarJ l'nna!of RE 'rill.LtASE --{'��►�+"�riw :.....1 Mum rasa/ fir • 4�o....�_'r.�.m P.."•••••.••••••••Ivo*V ..w 0.141.....r....are41m.r- Lead Yr 'T.++rY • • Standard Form of RETAIL LF•:ASF. t r 2011 ROMA OREGON' o) Not allow or permit any conduct or omission at the Premises,or anywhere on landlord's property. that will promote or allow the production or growth of mold.spores,fungus,or any other similar organism.and shall indemnity and hold landlord harmless from any claim, demand.cost.and expense(including attorney fees)arising from or caused by Tenant's failure to strictly comply with its obligations under this provision:and p) Comply with the requirements of all operation and easement a=reements and all other agreements, and requirements of record ern the Property. TENANT IMPROVEMENTS AND ALTERATIONS Unless otherwise specified in any Rider or Exhibit to this Lease, tenant accepts the Premises AS IS in their condition as of the Commencement Date and Tenant shall pay for all tenant improvements, whether the work is performed by I andlord or by tenant_ if any improvements or alteraiiorras to the Premises or any other work on the Premises by Tenant causes the need to comply with any Laws in areas outside of the Premises including without limitation the Americans with Disabilities Act or regulations pertaining to earthquake cordes, Tenant shall pay the cost thereof ac well. Tenant shall make no improvements or alterations on the Premises of any kind, including the initial work to be performed by Tenant in the Premises.without the prior written consent of 1 andlord.which consent shall not be unreasonably withheld. Prior to the commencement of any work by tenant, Tenant shall first submit the following to Landlord arid obtain Landk rd's written consent to all of the following;, which consent shall not be unreasonably withheld' '1 enart's plans and specifications:Tenant's estimated costs:and the names of all of tenant's contractors and subcontractors. If Landlord is to perform the work for some or all of such work. Landlord shall have the right to require Tenant to pay for the cuss of the work in advance or in periodic installments. If'the work is to he performed by Tenant, Landlord shall have the right to require Tenant to furnish adequate sceurrty to assure timely payment to the contractors and subcontractors for such work. All work perfornxd by Tenant shall be done in strict compliance with all applicable buildinY fire,sanitary, and safety codes,and other Laws,and Tenant shall secure all necessary permits for the same. 1 mend shall keep the Premises free from all liens in connection with any such work. All work performed by Tenant shall be carried forward expeditiously, shall not interfere with Landlord's work or the work to be performed by or for other tenants. and shall be completed within a reasonable time. landlord or Landlord's agents shall have the right at all reasonable times to inspect the quality and progress of such work. All improvements. alterations, and any other work performed on the Premises by either I.andlord or Tenant shall be the property of Landlord when installed, except for Tenant's trade fixtures, and may not he removed at the expiration of this Lease unless the applicable Landlords consent specifically provides otherwise Notwithstanding Landlords consent to improvements or alterations by Tenant,all such improvements.alterations,or other work to be performed by Tenant shall be at the sole cost and expense of Tenant lc REPAIRS AND MAINTENANCE (a) Landlord's Responsibilities The following shall be the responsibility of Landlord, provided that the cost thereof shall be recoverable by Landlord as Operating Expenses to the extant provided in Section 4(a): i. Structural repairs and maintenance arid repairs necessitated by structural disrepair or defects; ii. Repair and maintenance of the exterior walls, roof. gutters. downspouts, and foundation of the Building- This shall not include maintenance of the operating condition of doors and windows or replacement of glass,nor maintenance of the storefront;and Repair of interior walls.ceiling,s, doors, w'mdows, Maas, and floor coverings when such repairs are made necessary house of failure of landlord to keep the structure in report as above provided in this Section Eta). (h) Tenant's Responsibilities The following shall be the responsibility of Tenant: rage 11.1 Norris&Stevens lepix ssmd rd F era►o1 RFTAll.I FFACf: ••••."•• """• ''v • • „n.... ice.. • • Standard Form of RETAIL LEASE_ C XII BOMA ORF.CON The interior of the Premises Including any interior decorating: it. Any repairs and replacements necessitated by the negligence or use of the Premises by Tenant. its agents,employees,and invitees: Maintenance., repair, and replacement of the IIVAC systems and sprinkler systems. if any; however, Landlord reserves the rip.ht to contract with a service company for the maintenance and repair of the foregoing systems. or any of them: and Tenant's share of such expenses shall be paid by Tenant to Landlord monthly, iv Maintenance and repair of the interior walls and floor coverings(both hard surfaces and carpeting): Any repairs or alterations required under ienant's obligation to comply with all applieatbk taws its set forth to this I case:and vi All other repairs. maintenance. and replacements to the Premises which Landlord is not expressly required to make under Section 8(al above, including. without limitation. the generality of the foregoing,the replacement of all glass that may be broken or cracked during the Tenn with glass of as good or better quality than that in tee at the commencement of the Term, the storefront, wiring plumbing, drainpipes, scorers.and septic tanks, including without limitation, repairs outside the Premises if the need for the repair arises from Tenant's use of the Premises. All Tenant's work shall be in full compliance with then current building code and other novcrnmental requirements Tenant shall contrail with a qualified pest extermination company for regular extermination services to keep the Premises free of pests, vermin, and rodents. (c) Inspections Landlord shall have the right to inspect the Premises at any reasonable tune OT lime's to determine the necessity of repair Whether or not such triveetkin is made.the duty of Landlord to make repairs as outlined above in any area in l cnant's possession and control shall not mature until a reasonable time after landlord has received from Tenant written notice of the necessity of repairs.except in the event emergency repairs may be required and in such event Tenant shall attempt to give Landlord immediate notice considering the ciremnstances. (dl Landlord's Work Ail repairs,replacements. alterations,or other work performed on or around the Premises by Landlord shall be done in such a wax as to interfere as little as reasonably possible with the use of the Premises by "Tenant Tenant shall have no right to an abatement of Rent nor any claim against landlord for any inconvenience or disturbance resulting from l.andlonl's performance of repairs and maintenance purs.uant to this Section 8. Landlord shall have no liability for failure to perform required maintenance and repair, unless written notice of such maintenance or repair is given by Tenant and landlord fails to commence cflorts to remedy the problem in a reasonable time and manner. landlord shall have the right to erect scatloidinr and other apparatus ratus mecca cry for the purpose of making repair.or alterations to the Buikimg. Work may be done during normal business hours. Tenant shall have no claim against Landlord kir any interruption or reduction ref services Of interference with Tenant's occupancy caused by Landlord's maintenance and repair. and no such interruption or reduction shall he construed as a constructive or other eviction of Tenant 9 LIENS;TENANTS TAXES Tenant shall keep the Premises fret from all liens. including mechanic's liens, arising from any act or omission of Tenant or those: claiming under Tenant landlord shall have the right to post and maintain on the Premises or the Building such notices of nonrespottsrbility as arc provided for under the lien laws of the state in witch the Premises are located Tenant shall be responsible for and shall pay when due all taxes assessed during the Term against any leasehold or personal property of any kind owned by or placed upon or about the Premises by Tenant. Parc I t oft() Norris&Steens leput Sk neturd Form (RETAIL UAW ... ... . . »,.s -I..,e leas i p........ow. .,.r.�r....r+**aware,ear*e.,.. re•WW.is,r.a ' .err... ,stn 10115.11 • • 'standard Form of RETAIL LEASE r^ 21)11 BOMA OREGON 10 UTILITIES ANI)SERVICES Tenant shall pay promptly for all water and sewer facilities. gas and electrical services. including heat and light garbage collection. recycliing, and all other facilities and utility servtccs used by Tenant or provided to the Premises during the Term. if the heating and air-conditioning systems or any other utility service is not on separate meters. Tenant shall pay its proportionate share of such charges as reasonably determined by Landlord provided in Section 3(a)of this lease. Tenant shall arrange for regular and prompt pickup of trash and garbage and shall store such trash and garbage in only those areas designated by landlord_ However, if landlord elects to arrange for garbage collection on a cooperative basis for Tenant and other tenants. tenant shall pay its proportxmate share as reasonably determined by Landlord as provided in Section 4(a) of this Lease. Tenant shall comply with any recycling programs required by any law or reasonably required by Landlord. Landlord shall not be liable or responsible for any interruption of utility service to the Premises and any such interruption shall not entitle Tenant to any abatement of rent.unless such interruption us caused solely by the negligence of Landlord. I l ICE.SNOW, AND DEBRIS Tenant shall keep the walks in front of the Premises free and clear of ice, snow, rubbish.debris, and obstructions. Tenant shall indemnify and hold Landlord harmless from any injury whether to Landlord or Landlord's property or to any other person or property caused by Tenant's failure to perform tenant's obligations under this Section I I. Tenant's obligations under this Section I i shall be performed at Tenant's cost and expense. Landlord reserves the neht to cause the removal of ice snow. debris and obstruction from the area in front of the Premises and Tenant shall pay the cost thereof within ten(10)days after billing therefor 12. WAIVER OF SUBROGATION Neither party shall be liable to the other for any loss or damage caused by fire or any of the risks enumerated in a standard multiperil insurance policy. including sprinkler leakage insurance if the Premises have sprinklers. to the extent that any such insurance actually pays any such loss or damage. All claims or rights of recovery for any and all such Ions use damage. however caused,are hereby waived. Without limiting the generality of the foregoin_, said absence of liability shall exist whether or not such loss or damage is caused by the negligence of either Landlord or Tenant or by any of their respective agents.servants.or employees 11. INJURY TO TENANTS PROPERTY Landlord shall not be liable for any injury to the goods. stock. merchandise, or any other property of Tenant or to any person in or upon the Prrrniaes or to the leasehold improvements in the Premises resulting from fire or collapse of the Building or any portion thereof or any other eause,including but not limited to damage by water or gas.or by reason of arae ckctncal apparatus in or about the Premises. tenant shall carry adequate insurance coverage at its soli cost and expense to cover the risks described in this section 14. DAMAGE.OR DESTRUCTION Cal Partial Destruction If the Premises shall be partially damaged by fire or other cause. and Section 144b) below does not apply, the damages to the Premises shall be repaired by Landlord. and all Rase Rent until such repair shall be made shall be apportioned according to the part of the Premises that is usable bs f errant.except when such damage occurs because of the fault of Tenant. The repairs shall he accomplished with all re asonabk despatch l ndlord shall bear the cost of such repairs.unless the damage occurred from a nsk that would not be covered by a standard lire insurance policy with an endorsement for extended coverage, including sprinkler leakage. and the damage was the result of the fault of Tenant, in which event Tenant shall bear the expense of the repairs. (b) Substantial Damage If the buildings situated on the Property or the Building or the Premises, or any of them, arc twenty-five percent (25%)or more destroyed during the perm by any cause. Landlord may elect to terminate the Lease as of the date of darnape or destruction by notice Liven to Tenant in writing not more than sixty (60) days following the date of damage. In such event all rights and obligations of the parties shall cease as of the date of termination. In the absence of an election to terminate. landlord shall proceed to restore the Premises, if damaged, to substantially the same farm as prior to the damage or destruction, so as to provide Tenant usable space equivalent in quantity and character to that before the damage or destruction Work shall be commenced as soon as reasonably pos sibk, and Per.12 of 40 Norris&Stevens iMpa Vt,nJwd -iwmofRbTAIL LMSF. .e.......r.... .__ t acre . r},.+=we.I.r}Vw.}r.Y�/rer w..!,.,JP.,.,_,.,.,f.r+,W..a+w1►}.i. l i,id,t tRsw • • Standard Form of I€f TAII. I.EASE tr :ta BO'til A OREGUN thereafter proceed without interruption, except for work stoppages on account of matters beyond the reaconabke control of landlord. From the date of damage until the Premises arc restored or repaired. Base Rent shall he abated or apportioned according to the part of the Premises usable by Tenant. unless the damage occurred because of the fault of Tenant Landlord shall bear the cost of such repairs unless the damage occurred from a risk that would not be covered by a standard fire insuraanee policy with an endorsement for extended coverage. including sprinkler leakage, and the damage was the result of the fault of Tenant, in which event Tenant shall bear the expense of the repairs. (c) Restoration If the Premises are to be restored by landlord as above provided in this Section 14. Tenant.at its expense. shall he respo nsibk for the repair and restoration of all items that were initially installed at the expense of Tenant (whether the work was done by Landlord or ternart) or for which an alkiwance was riven by Landlord to Tenant, together with Tenant's stock in trade.trade fixtures, furnishings. and equipment and Tenant shall commence the installation of the same promptly upon delivery to it of possession of the Premises and Tenant shall diligently prosecute such installation to completion. 15. EMINENT DOMAIN (a) Partial Taking If a portion of the Premises is condemned and neither Section 15(b) nor Section l5(c) apply. the Lease shall continue in effect. landlord shall be entitled in all the proceeds of condemnation, and Tenant shall have no claim ar inst Landlord as a result of condemnation. landlord shall proceed as soon es reasonably possible to make such repairs and alterations to the Premises as are necessary to restore the retraining Premises to the condition as comparable as reasonably practicable to that existing at the time of condemnation. Base Rent shall be abated to the extent that the Premises are unit-namable during the period of alteration and repair. After the date on which title vests in the condemning authority. Base Rent shall be reduced cornimateurately with the reduction m the objective value of the Premises as an economic unit on account of the partial taking. (b) Substantial faking of the Property If a condemnmg authority takes any substantial part of the Property or any substantial part of the Building,the [.ease shall. at the option of I.aredlord.terminate as of the date title vests in the corakmnins'. authority. In such event alt rights and obligations of the parties shall cease as of the date ot termination I andlord shall he entitled to all of the proceeds of condemnation.and Tenant shall have no claim against Landlord as:i resuh of the condemnation. I enant shall be free to make a separate claim fur its moving expenses and lost trade fixtures so long as such claim dues not interfere with or reduce Landlord's claim or award. (c) Substantial Taking of Premises If a condemnmg authority takes all the Premises or a portion sufficient to render the remaining Premises reastmably unsuitable for Tenant's use. Tenant shall have the option to terminate the I ease upon written notice to Landlord given within sixty (60)days of Tenant's receipt of notice ot the taking In such event. the Lease shall terminate as of the date title vests in the condemning authority. Landlord shall be entitled to all the proceeds of condemnation, and Tenant shall have no claim against I a ndlord as a result of the condemnation. Tenant shall be free to make a separate claim for its moving expenses and lost trade fixtures so Gone as such claim does not interfere: with or reduce l.anndl rd's claim or award. (d) Definition Sale of all or any part of the Premises to a purchaser with the power of eminent domain in the face of a threat or probability of the exercise of the power shall be treated tor the purpose of the Lease as a taking by condemnation. Ito. BANKRUPTCY Subject to Secinm 17,the t.casc shall not be assigned or transferred voluntarily or involuntarily by operation of law It may. at the option of Landlord, be aminated, if Tenant be adjudged bankrupt or insolvent, or makes an assignment for the benefit of creditors, or Irks or is a party to the filing of a petition in bankruptcy.or commits an act of bankruptcy, tr in case a receiver or trustee is appointed to take charge of any of the assets of tenant or cuhks ccs Of assignees in or on the Premises. and such receiver or trustee is not removed within thirty (10) days Parr 13 of int Norris&Stevens lem srar.dard Fond of RtT,Ut LEtsti --_ PfaK 1•. �_ a. r.:.....r+e.wr.+.�........t..-.....-.. 'a,1....a.�+e......a.�.. I..l..f %run • • Standard Form of RETAIL LEASE rC 2011 f1 OMA OREGON after the date of his appointment or to the event of judicial sale of the personal property in or on the Premises upon judgment against Tenant or any sublessees or assignee hereunder. unlitec such property or reasonable replacement therefor be installed on the Premises. To the extent permitted by law.this Lease or any sublease hereunder shall not be considered as an asset of a debtor-m•possession, or an ,meet in bankruptcy, insolvency. receivership, or other judicial proceedings. This I ease shall be considered a !erne of real property in a shopping center within the meaning of Section .365(bX3)of the U.S. Bankruptcy Code 17 DEFAULT The following shall be events of default. al Failure of Tenant to pay any Kent what due or failure of Tenant to pay any other chime required under this Lease within ten(10)days after it is due b) Failure of Tenant to execute the documents described in Section 21 or 23 within the time required under such Sections: failure of Tenant to provide or maintain the insurance required of tenant pursuant to Section 5(c), or failure of Tenant to comply with any hews as required pursuant to Section 6 within 24 hours after written demand by I andlord. c) Failure of I meant to comply with any term or condition or fulfill ally obligation of the Lease(other than the failures described in Section 17a) or 17b) above) within ten 410) day. after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such nature that it cannot be completely remedied within the ten (10)-day period., this provision shill be complied with if Tenant begins correction of the default within the ten (10)-day pencd and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable landlord shall not be obligated to give written notice for the same type of default more than twice, at Landlord's option•a failure to perform an obligation after the second(2'4) notice shall be an automatic event of default.without notiice or any,opportunity to cure. d) The abandonment of the Premiss,by Tenant or the failure of_tenant for fifteen(15)days.or more to occupy the Premises for one or more of the designated purposes of this!.case utiles.such failure is excused under other provisions of this Lease. el the bankruptcy or insolvency of Tenant or the oceun^ence of other acts specified in Section 16 of this lease that give Landlord the option to terminate fl the assignment or subkknine or purported ascirnmcnt or subletting of Tenant's interest under this Lease in violation of Section 20. lft REMEDIF:ti ON DEFA1.LT In the event of a default, landlord may, at Landlord's option. exercise any one or more of the rrrhts and remedies available to a landlord in the state in which the Premises arc located to redress such default, consecutively or concurrently,including the following: a) Landlord may elect to terminate t enant's nein to possession of the Premises or any portion thereof by written nonce to Tenant. Following such notice, Landlord may re-enter.take possession of the Premises. and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages To the extent permitted by law, Landlord shall have the right to retain the personal properly belonging to-Tenant that is on the Premises at the time of re-entry,or the right to such other security interest therein as the law may permit,to secure all sums due or that become due to i.andkird under this Lease. Perfection of such security'interest shall occur by taking possession of such personal property or otherwise as provided by law. h) Following re-entry by Landlord.Landlord may reldt the Premises for a term longer or shorter than the I inn and upon any reasonable terns, including the granting of rent concessions to the new tenant landlord may alter. refurbish, or otherwise change the character or use of the Premises in connection with such reletting Pic 14of40 Norris&Stevins Sando►dVona tJXiTAIL LE4SE _(....... .� .. ea,.cion ....++..x�.r w r,�..w�.r+.rw�r. ,w. Ia,.J... ' Taft For,of RETAIL LEASE f)2011 11.04rIA()REG(/IN Landlord shall not be required to relet for any use or purpose that I andlord may reasonably consider injurious to its property or to any tenant Landlord may reasonably consider objectionable. No such reletting by Landlord following a default by Tenant shall be construed as an acceptance of the surrender of the Premises. If rent received upon such reletung exceeds the Rent received under this I case,Tenant shall have no claim to the excess. c) landlord shall have the right to mover from Tenant the following damages: i. All unpaid or other charges IOT the period prior to re-entry,plus interest at the greater of fifteen percent(15%)per annum or a rate equal to five(5)percentage points in excess of the discount rate, including any surcharge on the discount rate.ori ninety(90)-day commercial paper declared by the Federal Reserve Bank in the Federal Reserve District m which Portland. Orion, is located on the date the charge was due(the-Interest Rate"). ii. An amount equal to the Rent lost during any period during which the Premises are not mkt, if landlord uses reasonable efforts to reict the Premises, If Landlord lists the Premises with a real estate broker experienced in leasing commercial property in the metropolitan area in which the Premises are located_such listing shall constitute the taking of reasonable efforts to rant the Premises. iii All costs incurred in refs-nine or attempting to reid the PTCMISCS, ilvt;Imling hut without limitation, the cost of ciran-up and repair in preparation for a new tenant, !minding any improvements to the Premises and the cost of correcting any defaults or rests-ming any unauthorired alterations and the amount of any real estate commissions and advertising expenses The difference between the Kent reserved under this Lease and the amount actually received by Landlord after relenitits,as such amounts accrue. v. Reasonable attorney fees and legal expenses incurred in connection with the default, whether or not any litigation is commenced. cl) Landlord may sue periodically to recover damages as they accrue throughout the Tenn and no action for accrued daniapes shall be a Isar to a later action for riarress,es subsequent's accruing. To avoid a muhiplicity of actions. Landlord may obtain a decree of specific performance requiring 1 enact to pas the damages stated in Section I itc)above as they accrue. Alternatively. Landlord may elect in any one action to recover accrued damages,plus damages attributable to the remarning Term equal to the difference between the Rent under this Lease and the reasonable rental value of the Premises for the remainder of the Term_ e) In the event Tenant remains in possession following default and Landlord does not elect to re- enter. Landlord may recover all back Rent and other charges, and shall have the right to cure any nonniorterary defauh and recover the cost of such cure from Tenant,plus interest from the date of expenditure at the Interest Rate. In addition_ Landlord shall be entitled to recover attorney fees reasonably incurred in connection with the dcfauh, whether or not litigation is commenced_ Landlord May sue to recover such amounts as they accrue, and no one action for accrued damages shall bar a later action for damages subsequently accruing. The foregoing remedies shall am be exclusive hut shall be in addition to all other remedies and rights provided under applicable law,and no election to pursue one remedy shall preclude resort to another remedy. 19. SURRENDER AT EXPIRATION (a) Condition of Premises Upon expiration of the Term or earlier termination. Tenant shall deliver all keys to Landlord and surrender the Premises in tirsnelass condition and broom clean, Improvements,alterations, wiring,cables,or conduit constructed by or for Tenant shall not be removed or restored to the original condition unless the terms of I andkird's consent provides otherwise or unless Landlord requests Tenant to remove all or any of such improvements, alterations, Page 15 cite Norris&Stevens VW Standard iwiw of RETAIL LEAST Plum Wail \ XAMICWOr••••••••••••'4S4. &eft l•Att.emem tairt I...,,111.10.1.a.sloWleAlms Law 1^..s Standard Form of RETAIL LEASE C21111 BOMA oREGoNt wiring. cables.or conduit, in which event Tenant shall remove those designated by Landlord for removal and restore the Premises at TOWN'S sole cost and expense. Depreciation and wear from ordinary use for the purpose for which the Premises were let need not be restored,but all repair for which Tenant is responsible shall be completed to the Weal practical date prior to such surrender. Tenant's obligations under this Section 19 shall be subject to the provisions of Section 14 relatina to damages or destruction. (b) Fixtures j. All fixtures placed upon the Premises during the term,other than Tenant's trade fixtures, shall,at Landlord option, become the property of Landlord Movable furniture.decorations, floor covering other than hard surface bonded or adhesively fixed flooring, curtains, drapes. blindsfurrushings and trade fixtures- shall remain the property of Tenant if placed on the Premises by Tenant; provided, however. if Landlord granted Tenant an allowance for improvements, inalallatinn• floor covennp. curtains. drapes, blinds or other :terns, such items shall at Landlord's option become the property of landlord, notwithstanding the Installation thereof by Tenant. If Landlord so elects, Tenant shall remove any or all fix-tures. wiring„ cables, or conduit that would otherwise remain the property of Landlord, and shall repair any damage resulting from the removal If Tenant fails to remove such fixtures.winng,cables,or conduit,Landlord may do so and charge the cost to Tenant with interes1 at the Interest Rate. Taunt shall remove all furnishings. furniture, and trade fixtures that remain the property of Tenant and shall repair any damage resulting from the removal. If Tenant fails to do so. this shall he an abandonment of the property, and following ten (10) days' written notice. Landlord may remove or dispose of it in any manner without liability. 1 enant shall be liable to Landlord for the cost of removal and transportatiocr to storage, with interest on all such expenses from the date of expenditure at the Interest Rate. iii. The time for removal of any property or fixturtc that Tenant is required to remove from the Premises upon termination shall be as follows: (1) On or before the date the Lease terminates because of expiration of clic Term or because of a default under Section 17. Within ten (10)days after written notice from Landlord requiring such removal where the property to be removed is a fixture that Tenant is not required to remove except after such notice by 1 andlord. and such date would fall after the date on which 'tenant would be required to remove other property. (c) Illoklover If tenant does not vacate the Premises at Ow time required. Landlord shall have the option to treat Tenant as a tenant from month to month, subject to all the provisions of this Lease. except the provision for the Term, and except the Base Rent provided herein shall double during the period of the month tia month tenancy. Failure of Tenant to remove fixtures, furniture. furnishings or trade fixtures or to repair any damage caused by such removal that imam is required to remove and repair under this lease shall constitute a failure to vacate to which Out Section 19(c)shall apply if the property not removed or repaired will interfere with occupancy of the Premises by another tenant or with occupancy by Landlord Ion any purpose.including preparation for a new tenant. 20. ASSIGNMENT AND SUBLETTING (a) Landlord's Consent Tenant shall not.either voluntarily or by operation of law, sell,assign, or transfer this Lease or sublet the Premises or any part thereof.or assign any right to use the Premises or any part thereof(each a"Transfer") without the prior written consent oil andlord, which consent shall not he unreasonably withheld, and any attempt to do so without such prior written consent shall be void mod. at Landlord's option. shall terminate this I ease. If Tenant requests landlord's consent to any I ransaa. lerrant shall promptly provide landlord with a copy of the proposed agreement Pare I a of to Norris&Stevens .sksvarAni bona of RETAIL LE.43,%. • 1 vas • • Standard Form of KI"l At1 1 FASF. Al 2011 ROMA OREGON between tenant and its proposed transferee and with all such other information concerning the business and financial affairs of such proposed transferee as landlord may request Landlord may withhold such consent unless the prupusexl transferee(I) cs satisfadory to 1 andlord as to credit, managerial experience, net worth. character. and business or professional standing,. (ii) is a person or cot whose prxce`ssion of the Premises would not be mconsistenl with Landlord's commitments with other tenants or with the mix of uses landlord desires at the Property, (ii) will occupy the Premises solely for the use authorized under this Lease, (iv)expressly assumes and agrees in writing to he hound by and directly responsible for all Tenant's obligations hereunder, (v) will conduct a business that does not adversely impact the use of the Property's common areas,and(vi)will conduct its business to the Premises in such a manner so that the Percentage Rent payabk to Landlord under this Lease will not likely be less than the Percentage Rent that would have been payable to Landkwd had there been no Transfer. Landlord's uexrse.nt to any such Transfer shall in no event release tenant from its liabilities or obligations hereunder. including any renewal term. nor relieve leant from the requirement of obtaining; Landlord's prior written consent to any further Transfer. Landlord's acceptance of rem from any other person shall not be deemed to be a waiver by landlord of any provision of this Lease or a consent to any Transfer. No modification, amendment.assignment, or sublease shall release'tenant.any assignee.or any guarantor of its liabilities or obligations under this Lease (hi Payment to Landlord and"fermiratioa of Lease i Landlord may,as a condition to its consideration of any roauest far Concent to a proposed Transfer. impose a fee in the amount of Seven Hundred Fifty and No;'IOO Dollars (5750.00) to cover Landlord's administrative expenses and Tenant shall also be responsible to promptly pay all Landlord's reasonable legal foes and expenses in connection therewith Such fee shall be li)payable by Tenant upon demand,and(a)retained by'Landlord,regardless of whether such consent is etanted. ii. If any such proposed "I ransfer provides for the payment of, or if Tenant otherwise receives,reit.additional rent,or other consideration for such Transfer that is in excess of the Rent and all other amounts I magi is required to pay under this Lease(regardless of whether such excess is payable on a hump-sum basis or over a term). then in the evem Iandlord pants its consent to such proposed Transfer. I enant shall pay Landlord the amount of such excess as it is received by Irnant. Any violation of this paragraph shall be deemed a mairnal and noncurable breach of this tease ur If Tenant proposes a sublease or assignment. Landlord shall have the option in terminate this Lease and deal directly with the proposed sublessee. assignee. or any third party with regard to the Premises. iv. If Tataffl is a corporation. an unincorporated association. a partnership. a limited partnership, or a limited liability company. the transfer, assignment or hypothecation a any stock or interest in such entity in the aggregate in excess of twenty-five pelting(25%)shall be deemed a Transfer of this Lease within the meaning and provisions of this Section 20. )t SUBORDINATION Tenant's interest hereunder shall be subject and subordinate to all mortgages., truce deeds, and other financing and security instruments in place upon the Commencement Date or placed i n the Premises by Landlord from time to time (hereafter 'Mert_ragc-), except that no assignment or transfer of I landlord's rights hereunder to a lending institution its collateral secunty in connection with a Mortgage shall affect Tenant's right to possession. use, and occupancy of the Premises so long as Tenant shall not be in default under any of the terms and conditions of this Lease The provisions of this Section 21 shall be self-operating. Nevertheless, Tenant agrees to execute. acknowledge and deliver to Landlord within ten (10) days after Landlord's written request an instrument in recordable form that expressly subordinates Tenant's interest hereunder to the interests of the holder of any Mortgage, and that includes any other reasonable provisions requested by the holder or prospective holder of any Mortgzage. At Landlord's request. Tenant shall furnish l,andkwsl current balance sheets. operating statements, and other financial statements in the form as reasonably requested by I aundlord or by the holder or prospective holder of hoe l 1 of 4,0 Norris&Stevens .sw.rfirj tore,of RETAIL LEASE ----L.A.....gra,wow^.- Macau lural Imo..t+,.. "mi...,...r..s:«.t.....♦.. ted►s.t i 7SMr.�M • • Standard Form of RETAIL LF,ASF. C 2011130N1.A OREGON any Mortgage, certified by Tenant as accurate and current. Tenant agreeto sign an authorization fox t..andkxd to conduct a check of Tenant's credit as requested by Landlord from tune to time. 22 TRANSFER OF THE PROPERTY If the Property is sold or otherwise transferred by t aodlord or any successor to Landlord,Tenant shall attorn to the purchaser or transferee and recon rice it as the landlord under this Lease,and.provided the purchaser or transferee assumes all obligations under this Lease thereafter ae:4ruina,the transferor shall have no further liability hereunder ;. ESTOPPEL CERTIFICATE Tenant shall from time to time. upon not less than ten(10)days' prior notice. submit to landlord.or to any person designated by Landlord. a statement in writing in the form submitted to Ionto by landlord. certifying that this Lease is unmodified and m full force and effort (ot if there have been modifications. identifying the same by the date thereof and specifying the mature thereof).that to the knowledge of I enant no uncured default exists hereunder (or if such uncured default does exist,specifying the sante),the dates to which the Rent and other sums and charges payable hereunder have been paid. that Tenant has no claims against Landlord arid no defenses or offsets to rental except for the continuing oblis ations under this Lease (or if Tenant ha-, any such claims. defenses, or offsets. specifsini,the same).and any other mformatxrn concerning this Lease as I:tndlotd reasonably requests 24. PERFORMANCE BY LANDLORD Landlord shall not be deemed in default for the nonperformance or for any interruption or delay in performance of any of the terms. covenants, and conditions of this Lease it the same .hall he due to any labor dispute, strike. lockout, civil commotion, or like operation, invasion. rebellion, hostilities, military or usurped pour. sabotage. sovcmmental regulations or controls, inability to obtain labor, services or materials, through acts of God,or other cause beyond the reasonable control of L.:rtrtcllord, providing such cause is not due to the willful act or neglect of landlord. 25. LANDLORD'S RIGHT TO CURE DEFAULT If Tenant shall fail to perform any of the covenants or obligations to be performed by Tenant. Landlord. in addition to all other remedies provided herein. shall have the option(but not the obligationt to cure such failure to perform after fifteen (15) days' written notice to tenant. All Landlord's expenditures incurred to correct the failure to perform shall be reimbursed by Tenant upon demand with interest from the date of expenditure at the legal rate of interest if not defined. Landlord's right to cure Tenant's failure to perform is for the sole protection of Landlord and the existence of this right shall not release Tenant from the obliation to perform all the covenants herein provided to be performed by Tenant or deprive Landlord of any other right landlord may have by reason of default of this Lease by 1 enant �b INSPECTION landlord. Landlord's agents, and representatives., shall have the right to enter upon the Premises at any time in the event of emergency and, in other events, at reasonable times after prior verbal notice for the purpose of inspecting. the same. for the purpose of making repairs or improvements to the Premises or the Building, for showing the Premises during the final ninety(90)days of the Term,or for any other lawful purpose. 27 FOR SALE AND FOR RENT SIGNS During the permit of one hundred eighty(180)days prior to the date for the termination of this Lease. landlord may post on the Premises or in the windows thereof signs of moderate size notifying the public that the Premises are"Ice sale"or"'for rent"or "for lease- 28 ATTORNEY FEES in the event a suit,action.arbitration,or other proceeding of any nature whatsoever.including without limitation any proceeding under the U.S. Bankruptcy Code, is instituted, or the services of an attorney are retoine.'d to interpret or enforce any provision of this Lease or with respect to any dispute relating to this Lease, the prevailing or nondefautting party shall be entitled to recover from the losing or defaulting party its attorneys', paralegals'. accountant'. and other experts' fees arid all other fees, costs, and expenses actually incurred and reasonably necessary m connection therewith In the event at suit, action.arbitration, or other proceeding, the amount thereof shall be determined by the judge or arbitrator.shall include fees and expenses incurred on any apexal or review,and chall he in addition to all other amounts provided by law. Nee 18 t 40 `orris&Stevens E....1M.,r �,kn.,G..�t *AK6;VAt�fRE?�tIL LEASE ".ue had E I • • Standard Form of RETAIL LEASE 2011 BOMA 434,E ,O 29. NOTICES Any notice required or permitted under this Lease shall he in writing and shall be deemed given when actually delivered or when deposited in the United States mail as certified or registered mail. return receipt requested. addressed to the addresses set forth in the Summary of Fundamental Provisions of this Lease or to such other address as may be specified from time to time by either of the;milks in the manner above provided for the giving,of notice. Notice may also be givra► by facsimile or telecopy transinission and shall be effective upon the date shown in a transmittal record when sent to the party at the facsimile or tekcopy number set out in the Summary of Fundamental Provisions of this Lease or such other number as provided by either party. as long as a copy of any such notice is deposited m the United States mail to such party at the above-mentioned address on the same date the electronic transmission is sent 0. BROKERS Tenant covenants., warrants. and represents that it has not engaged any broker. agent. or finder who would he entitled to any commission or fee in connection with the negotiation and execution of this Lege, except a% sri forth in the Summary of Fundamental Lease Provisions attached hereto. Tenant a tees to indemnify and hold harmless Landlord aping and from any claims for any brokerage commissions and all costs. expenses, and liabilities in connection therewith including attorney fees and expenses, arising out of any charge or claim for a commission or lee by any broker. agent. or finder on the basis of any agreements made or alleged to have been made by or on behalf of Tenant except for brokers listed on the Summary of Fundamental Lease Provisions The provisions of this Section 30 shall not apply to any brokers with whom Landlord has an cypress written twokcras,c a rcement. landlord shall be responsible for payment of any such brokers. .31 LATE CHARGES Tenant acknowledges that late payment by Tenant to Landlord of any Rent or other charge due hereunder will cause Landlord to incur costs riot contemplated by this tsetse. the exact amount of which will be extremely difficult to ascertain. Such ecxvtc may include, without lirnituion. processing and accounting,charges and tate charges that ntay be imposed on Landlord under the terms of any Mortgage Aix ordingly, if any Rent or other charge is not received by Landlord within ten (10) days after it is due. Tenant shall pay to Landlord a late charge equal to ten percent (l(P'a) of the overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs incurred by landlord by reason of the late payment by Tenant Acceptance of any sate charge by Landlord shall in no event constitute a waiver of tenant's default with respect to the overdue amount in question. nor prevent landlord from exercising any of the other rights and remedies granted hereunder i?. NO PERSONAL LIABILITY The liability of Landlord to Tenant for any default by I.arndloid under the terms of this Lease shall he limited to the interest of Landlord in the Building and the Property. and neither Landlord nor any of its owners, principals. empk'yeees,or agents shall be liable for any deficiency MISCELLANEOUS PROVISIONS a) This Lease does not pant any rights of access to light or air over any part of the Property. h) Tune is of the essence of this Lease Cl 1Yre acceptance by Landlord of any Rent or other benefits under this Lease shall not constitute a waiver of any default. d) Any waiver by Landlord of the strict performance of any of the provisions of this Lease shall nut be deemed to he a waiver of subsequent breaches of the same character or of a different character, occurring either before or subsequent to such waiver, and shall not prejudice Iandlord's right to require strict performance of the same provision in the future or of any other provision of this lease_ Pate 19 14.til Norris&Stevens O .\iax j d tariff of AL'!AIL IJ.tt •••°,�••�•�"• 3--- Mer kiwi n .,_�..�......ww�.r.�...�w.....a.........w»,.i....r..•s�.ea-,-. I..ii.I 4110 • Stardom Fenn of RETAIL LEASE t:2011 BOMA OREGON e) This !.case contains the enure agreement of the parties and supersedes all poor written and oral asrcementc and representations and there are no implied covenants or other,ago ements.between the parties.except as expressly set forth in this Lease. Neither Landlord nor Tenant is relying on any representations except as expressly set forth in this Lease. gj The parties acknowledge and agree that any cakulations of square footage in the Premises and on the Property are appioximaticsns. Except as provided herein. no recalculation of square footage shall affect the obligations of Tenant under this Lease.uxludmp without limitation,the amount of Base Rent or other Rent payable hr Tenant under this I.casc. hi This Lease .hall not be amended or modified except by agreement in writing,sinned by the parties hereto it Subject to the limitations on the assignment or transfer of Tenant's interest in this Lease, this Lease shall be binding upon and inure to the benefit of the parties, their respective heirs, personal representatives, successors.and assigns. i I No remedy herein conferred upon or reserved to Landlord or I enant shaft be exclusive of any other remedy herein provided or provided by law.but each remedy shall be cumulative k) In interpreting or construing this Lease. it is understood that Tenant may be more than one person, that if the context so requires;the singular pronoun shall be taken to mean and include the plural. and that generally all grammatical changes shall be made, assumed, and implied to make the provisions hereof apply equally to corporations.partnerships, limited liability companies.and individuals. 11 Section headings arc for convenience and shall not affect any of the provisions of this I.t'au- m) If any provision of this Lease or the application thereof to any person or circumstance is. at any time or to any extent. held to be invalid or unenforceable. the remainder of this Lease. or the application of such provision to persons or circumstances other than those to which rt is held invalid or unenforceable. shall not be affected thereby. and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. n) All agreements(including, but not limited to. indemnification agreements)set forth in this [.ease. the full performance of which are not required prior to the expiration or earlier termination of this Lease. shall survive the expiration or earlier termination of this Lease and be fully enforceable thereafter_ s QUIET ENJOYMENT Landlord warrants that as pons.as tenant complies with all terms of this Lease. it shall be entitled to possession of the Premises free from any es;aim or disturbance by Landlord or parties claiming through Landlord. Neither Landlord nor its managing agent shall have any liability to Tenant for loss or damages arising Out of the acts. including cnminal acts,of other tenants of the Building or third parties-and no such acts shall constitute an eviction. construction or otherwise A) It is understood by the Landlord that worship airs at-. will he help after Spin on weekdays and on weekends which may or may not include a worship band.luring services, Pari 2O of Norris& Stevens vow }ai.rtuni I .im of RETAIL LEASE ....r....wade.......] Mead )fir M..�r aiMtl►M.ti.amostw:.w'e'r..tie+....y....+.wWI*4.. Lw/ea.! • Standard form i of RETAIL LLASL Se;2011 fiONIA ORF CON )5. ANTI-TIERRORISIN LAW (a) Tenant represents and warrants to Landlord as roliuws: i. Neither Tenant. its constituents, or affiliates. nor any of their respective aerio.. (collectively, the 1enanZ Parties-) is in violation of any law relating to terrorism or money Laundering. including, hut not limited to, Executive Order No. 13224 on Terrorist Financing., the U.S. Rank Secrecy Actas amended by the Patriot Act the Irading with the Enemy Act, the international Emergenzry Lcunornie Powers Act and all regulations promulgated thereunder, all as amended from time to time (collectively,"Anti-Terrorism law"). ii No action.proceeding,investigation,charg.v,claim.report_or notice has been filed. commenced in threatened any of the 1 enant Partitis alleging,any violation of any Anti-Terrorism Law. None of the Tenant Parties has. alter due ininury, knowledge of any fact, event, circumstance. situation or condition that could reasonably be expected to result in any action, proceeding, investigation, charge, claim, report, notice, or penalty being filed, commenced, threatened, or imposed against any of them relating to any violation of Of failure to comply with any Anti- crrorism law iv. None of the Tenant Parties is a"Prohibited Person"A Prohibited Person means any of the following: (I t A person or entity that is "specially designated- cm the most current list published by the U.S Treasury Department Office of Foreign Asset Control or that is owned, controlled by.or acting for or on behalf of any such person or entity: (2) A person or entity with*tom Landlord is prohibited from dealtne by any Anti - 1 errorism Law: (3) A person or entity that commits, threatens, or conspires to commit or supports -terrorism."as defined in any Anti-Terrorism Law. None of the Parties. (I) Conducts any business or transactions or makes or receives any contribution of hinds, goods,or services in violation of any Anti-Terrorism Law (2) bigages in or conspires to ingac in any transaction that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions of any Anti- Terroritan law. Tenant covenants that it shall not: Conduct any business or transaction or make or receive any contribution of funds,voork, or WTI ices in violation of any Anti-Terrorism Law; Engage in or conspire to engage in any transaction that evades or avoids,has the purpose of evading or avoiding,or attempts to violate any of the prohibitions of any Anti-Terrorism law. Pape 21 of.W Norris&Stevens Standard Form oPCf7A1t L.CASE • - rba.lanai a11.11.1 • Standard Form of RETAIL LEASE v. 2§j11111”taatfcdn iii. Tenant agrees promptly to deliver to A:milord (but in an' event within ten {10,days of I andlord's written roquest)any certification or other widener requested Irom time to time by Landlord, in its reasonable discretion,confirming Tenant's compliance with the foregoin 36. FINANCIAL STATEMENTS Within fifteen (15) days after Landlord's request. Tenant will furnish Tenant's most recent audited firiancal statements(including any notes to them) to Landlord, or. if no such audited statements have been prepared such other financial statements (and notes to them) as may have been prepared by an independent certilied public accountant or. failing those, Tenant's internally prepared financial statements Tenant will discuss its financial statements with Landlord and will give Landlord access in Tenant's books and records in order to cnabk Landlord to verify the financial statements. Landlord will not disclose any aspect of Tenant's financial statements except to (a)Landlord's lenders or prospective purchasers of the Building who have executed a sales contract with I.andlord. (b)in litigation between Landlord and Tenant,and(c)if required by any court order. 37. WAIVER OF A.RN' TRIAL To the maximum extent permitted by law, Landlord and Tenant cath waive their right to trial by jury in any litigation arising out of or with respect to this berm. 3$. EXHIBITS AND ADDITIONAL PROVISIONS Exhibits attached herein arc referred to in this Lease and by this reformer incorporated herein. Additional provisions,if any.are set forth in Riders attached hereto and by this reference incorporated herein. 39. REPRFSENTATIONS;PREPARATION THIS LEASE, ATTACHMENTS AND AMENDMENTS WERE PREPARED AT THE DIRECTION OF LANDLORD AND TENANT, AND BOTH LANDLORD AND TENANT HAVE BEEN ADVISED AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT COUNSEL TO REVIEW THIS LEASE. ATTACHMENTS, AND AMENDMENTS. THE RULE OF CONSTRUCTION THAT A WRIT-nag AGREEMENT IS CONSTRUED AGAINST THE PARTY PREPARING OR DRAFTING SUCH AGREEMENT SHALL SPECIFICALLY NOT BE APPLICABLE TO THE INTERPRETATION OR ENFORCEMENT OF THIS LEASE. ATTACHMENTS, AND AMENDMENTS NO REPRESENTATION OR RECOMMENDATION IS MADE BY BOMA PORTLAND OR THE REAL ESTATE BROKERS INVOLVED 1N THIS TRANSACTION CONCERN INtj'THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES ARISING FROM THIS LEASE. (Sigiudaires on Following Pagel Page 22 of 40 Norris &Stevens vie • Ravi,LEASE - I rime luso' ° lasdboit I - , _ 0 • Standard I win of RETAIL LEASE ,-)2011 ROM 4 OREGON t, IN WITNESS WHEREOF, Landlord and I ow il have executed dm Least in icate as of the day and year first above written,any corporti ate sipature being,by authority of the Board of Dirtof the corporation. . 1 Erlika, spb,ukv. , . . _ . „__ Land lord __ .... -- _ d , , 421_ ----- --- - Address Address Exhibits. The following hxhibit is attached hereto and incorporated as a part of this I.mse. Exhibit"A- Premises - Exhibit-1B- - Guaranty Exhibit'V - Option to Extend t4ihibil-0.- Optional Rider Optional-Secium 4 4.141iticwwkl-Ree4+444va bits.yaw is ii--ed1 I.xhibit-E- - Work Agreement I shibit-F- - Right Of First Opportunity Page2;(410 Norris&Stevens IMMslam/war(OM Of RI%T AIL LIAM . Plow feveset r ,............,............,........laratai•imr.1.•16..............-• i..... 1,1; • • Standard Form of RETAIL LEASE C 20HMA.OREGON EXHIBIT A PREMISES Standard Farm of RFT kit.LF.ASL aajj BOMA_oRf" ;O EXHIBIT B GUARANTY In con_sicicration of the agar-emetic of Pacific Terrace Commercial, LLC ("Landlord"). to miter into a Lease dated Derember le.2015(the "I.case")between landlord and Living Hope,LLC("Tcnant").pertaining to certain premises loo ted at 11507 and 11507A SW Facile Hwy. Tigard, OR, the urrdersipned .tared Slrickhaud ("Guarantor")hereby unconditionally guarantees the punctual payment of all Rent,as defined in the Lease.and Either payments required to be paid by i enant. and the prompt performance of all other obligations of "i maw wader the Lease. If Guarantor consists of more than one persam or entity.all liability of Guarantee hercundcr shall he joint and several Guarantor shall be directly and primarily liable to landlord lee any amount due from I errant under the I.caLsc. without requiring that Landlord first proceed against Tenant. join tenni in any procoeding brought to enforce this Guaranty, or exhaust any security held by Landlord. Guarantor .hoe's that Landlcmd may deal with Tenant in any manner in connection with the Lease without the knowledge dlr consent of Guarantor and without affecting Guarantor's liability under this Guaranty. Without hmitmg the generality of the foregoing, Guarantor agrees that any extension of time, assigwncnt of the lease. amendment, or modification to the Lease. delay or failure by I.aridiord in the enforcement of any right under the Lease.or compromise of the amount of any obligation or liability under the Lease made with or without the knowledge or consent of Guarantor shall not affect Guarantor's liability under this Guaranty. Guarantor's liability under this Guaranty shall not be affected by any bankruptcy. r+organiaation. insolvency, or similar proceeding affecting 1want., nor by any termination or disaffirmance of they Least. or any of Tenant's obligations thereunder in connection with such proceeding. This Guaranty shall remain in full force and effect until the performance in full to Landlord's satisfaction of all obligations of Tenant under the Lease. Guarantor hereby waives any claim or other richt now exiting or hereafter acquired against Tenant that arises from the performance of Guarantor's obligations under this Guaranty. including. without limitation any rights of contribution. indcmnit , subrogation. reimbuisemcnL or exotwiation. Guarantor hereby agrees to indemnify Landlord and hold it harmless from and against all loss and expense. including legal fees, suffered or incurred by Landlord as a result of claims to avoid any payment receiveai by Landlord from Tenant with respect to the obligations of Tenant under the Lease. Guarantor hereby waives presentiment, protest, notice of default, demand for payment, and all other suretyship defenses whatsoever with respect to any payment guaranteed under this Guaranty,. and agrees to pay unconditionally upon demand all amounts owed under the Lease Guarantor further waives any setoff; defense, or counterclaim that 1 mutt or Guarantor may have or claim to have against Landlord;mol the hencfit of any statute of limitations affecting Guarantor's liability trader this Guaranty if Landlord retains an attorney to enforce this Guaranty or to bring any action or any appeal in connection with this Guaranty,the Lease, or the collection of any payment under this Guaranty or the tease. Landlord shall be entitled to recover its amewney fees. legal expenses.costs.and disbursements in connection therewith.as determined by the court before which such action or appeal is heard, in addition to any other relief to witch Landlord may be entitled. Any amount owing under this Guaranty shall bear interest from the date such amount was payable to Landlord to the date of repayment at a rete equal to the lesser of fifteen percent (15f.) and the maximum rate pennined by Law. Landlord shall have the unrestricted right to assign this Guaranty in connection with an a_cstgnrnent of the Lease without the consent of. or any' other action required by, Guarantor. Each reference in this Guaranty to Landlord shall be deemed to include its successors and assigns, to whose benefit the provisions of this Guaranty shall also inure. larch reference m this Guaranty to Guarantor shall be deemed to include the successors and assigns of Guarantor.all of whom shall be bound by the provision.•of this Guaranty Within ten(10)days after delivery of written demand thatch"( from Landlord. Guarantor shall esccutc and dclryrr to Landlord a statement in writing certifying that this Guaranty. is unmodified and m full force and effect which statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the premises or property. If any provision of this Guaranty Standard Form of RETAIL LLASL •LawatmADREGOS is held to he invalid or unenforceable. the validity and enforceability of the other pf IIV kions of this Guaranty shall not he affected. 1 GUARANTOR: Jared St2 - nd Social Security No.:_c Social Seeurity No.:540-33-644 Driver's License No.: Driver's License No.:8231160 State Issuing Driver's License: State Issuing Drives License:Oregon Address for Notices: Address for N0i1CGS7.3350 SW lfew Ave Aloha.Oregon 97003 Dated: Dated __12/14/f5 • • Standard Form of RETAIL LEAS!!. E' 201120114A OREGON EXHIBIT C OIPTiON TO EXTEND 1. Right to Eldred As long;e this Lease remains free from default, and so long as Tenant does not assign the bras`or sublet an'v portion of the Premises.Tenant shall have the option to extend the term of this Lease for one successive tenn(c) of five years each, on the terms and conditions contained herein. except for Rase Rent that shall be determined as hereinafter provided Other than as set forth herein. Tenant shall have no further option to extend this Lease Exercise of cad/extension option shall be by written notice given to landlord at least one hundred eighty(180)and not more than two hundred ten(2 iia)days prior to exptration of the original tents.or the ptecedmg extended terra. if any Determination of Rent During each extended term. Base Rent shall be adjusted to reflect the greater of(a)the tau market rental value of the Premises for the extended term, determined as hereinafter provided or(b)the Base Rent. Percentage Rent, and Additional Rent payable by Tenant immediately prior to the commencement of the extended term in question Within thirty(30)days after Tenant's notice of exercise of its right to extend,Landlord shall notify Tenant of its determination of'the fair market rental value_ Within thirty (30)days atter the effective date of such notice. tenant shall either 41)notify landl and of Tenant's acceptance of landlord's determination of the fair market rental value, in which event Base Kern for the extended term in question shall be as so determined by Iruidlord: or (ii) notify landlord of Tenant's rejection of landlord's determination of the fair market rental value, in which event the fair market rental value shall be determined in accordance with Section 3 below The failure of Tenant to give any notice within the required time period shall be deemed an acceptance by Tenant of I.andlord's determination of the fair market rental value 3. Arbitration Procedure Within ten (10)dabs after Tenant's rejection of Landlord's determination of fair market rental value. each party shall desi_,nate a representative who is either an Oregon licensed MAI appraiser &killed in determining rental rates for retail space in the Portland. Oregon. metropolitan area. an owner of a Portland, Oregon, metropolitan area huildinr containin_ retail space, or a real estate broker experienced in leasing retail space in the Portland, Oregon. metropolitan area. the two representatives so chosen shall select an arbitrator having the above qualifications or. if they cannot agree. the presiding jud_e of the Circuit Court of Multnomah County. Oregon, shall, upon application h' either party. select an arbitrator having the above qualifications. At least ninety (90) days prior to the commencement of the extended term in question, each party's representative shall submit to the arbitrator a written report stating such representative's opinion of the fair market rental value of the Premises. based on a consideration of rental rates then being charged (under the most recently executed leases) in the Portland Oregon metropolitan area for retail space comparable to the Premises Within thirty(30)days after receipt of such reports.the arbitrator shall accept one or the other of the reports lie determination of the fair market rental value in the report so accepted shall he binding on the parties; prosided. however, that Base Rent during any extended term shall not in any event be less than the Base Rent payable by Tenant immediately prior to the commencement of such extended term. the cosi of the determination of the fair market tental value pursuant to this Section 3 shall be shared equally by Landlord and Tenant. If the arbitrator does not decide the fair market rental value to be paid prior to commencement of the extended tens in question. Rent shall continue to be payable in the amount previously to effe ci,and retroactive adjustment shall be made when the arbitrator reaches a dectston. • S Standard Loon of RETAIL LEASE 2011 LOM A ORE(;UN ri EN11tlt1I F WORK AtiRELM1I N SECTION 1 Plans. I.1 Finalization of Plans. Tenant has previously provided tri Landlord preliminary plans drawings.and specifications,as more Cully described in Exhibit L-1 anached hereto. for the initial tenant improvement work In be performed within the Premises(the"Preliminary Plans"). Within two(2)weeks after the date of execution of the Lease, I errant shall deliver to Landlord: a) Drawings.plans:nil specifications for the initial Tenant Improvement Work,consistent with the Preliminary Plans and in form and substance sufficient to be submitted as part of an application for a building permit. Such documents must be stamped as approved by Landlord's architect,if required by Landlord. Tenant shall use Landlord's architect.unless otherwise agreed to writing by Landlord and I mane h t The name,telephone number.emergency telephone numbers,and addresses of Tenant-s proposed general contractor('"General Contractor-)and the proposed plumbing.mechanical.and electrical subcontractors, if any. c 1 A construction schcduk indicating the actual comms w.rment date of construction.weekly co nsinietiou activities,and substantial completion date I ' Approval Landlord shall have the right to approve the plans and proposed contractors submitted by Tenant as set forth in Section I.lal-I lc)above. Landlord's approval shall not to be omreasonably withheld. condtuoned.or delayed If Landlord does not give notice of disapproval.make a w»nen request for additional information.or make corrections or changes in Tenant's submissions within ten(10)days atter Tenant submits the same to Landlord for approval.then the submitted item or proposed contractor shall be deemed approved if Landlord gives notice of disapproval. makes a written request for additional information,or makes corrections or changes to Tenant's submissions.Tenant shall propose ahcmattve contractors,provide such requested information.or make such corrections or changes within five(51 days thereafter and resubmit same.to I.andlord. This process shall continue until the plans and contractors are approved by Landlord. Final Plans. The drawing:..plans.and specifications,once approved in accordance with the loregorng procedure, shall hereinafter he referred to as the"Final Plans." SECTION 2 Tenant Improvement Work. As used in this Work Agreement, "Tenant Improvement Work" means all work shown on the Final Plans, as they may be amended from tune to time in accordance with the terms of this Work Agreement SECTION 3 Changes to the Final Plans. Tenant shall not make any changes to the final Plans without landlord's prior written approval. Landlord's consent to changes shall not be urucasonably withheld,conditioned,or delayed. Tenant shall he responsible for any increase in costs and expenses of the Tenant Irnprovernent Work resulting from such changes, including any costs and expenses for review, and costs and expenses relating to delays in completion, to the extent such costs and expenses exceed the Tenant Improvement Allowance(defined in Section 4 below) If Tenant requests Landlord's approval of a proposed change in the Final Plans, and if the proposed change causes a delay in substantial completion of the Tenant improvement Work,the Commencement late as set forth in Section 1 of the Lease shall not be delayed. SECTION 1 Allocation of Costs. 4.1 Tenant's Coots. Tenant shall pay all costs and expenses of the Tenant Improvement Work, subject to the terms and conditions set forth in this Work Agrement.and the terms and conditions set forth in the Lease. Tenant's failure to make any payment requited under this Work Agreement shall he a dcfauh under the Tease,without the requirement of any notice of default or cure period,and all such unpaid amounts shall be additional rent under the Lease 4,2 Imam Improvement Allowance. a) Subject to this Section 4.2.Landlord shall provide Tenant with up to Seventy Thousand Dollars (570,000.00)(the"Tenant Improvement Allowance'")to be applied to the Costs(as defined in Section 4.2b)below)of the Tenant Improvement Work. Any portion of the Tenant Improvement • • Standard Form of RETAIL LEASE 0 2011130MA OREGON Allowance not applied to Costs shall be retained by Landlord. b) As used in this Work Agreement.the term"Costa" means reasonable hard construction costs. overhead and profit.architectural,engmeering.and design fees and expenses._the casts of obtaining permits.the costs of measurtne the rentable square footage of the Preanises.Landlord's costs of reviewing any plans,specifications or drawings.the archnect's fees,I andlord's project management fee,and costs associated with sustainability practices.if any. c) The Tenant Improvement Allowance.or applicable portion thereof,shall he paid by Landlord to Tenant in a sink payment upon substantial completion(as defined in Section 11 below)of the Tenant Improvement Work.provided that the conditions set forth in this Section 43c)are satisfied Upon substantial conapktion of the Tenant Improvement Work,Tenant shall submit the following.to Landlord: ((i) paid invoices(together with such supporting documentation as Landlord may reasonably request)for all Costs for which Tenant seeks reimbursement from the Tenant Improvement Allowance,(ii)a certification from the architect that all the work or supplies so invoiced have in fact been applied to the Tenant Improvement Work,and(c)final. unconditional waivers and releases of lien rights from all contractors and subcontractors,in a form reasonably acceptable to Landlord_ Following Landlord's receipt and approval of the items described in the foregoing clauses(a)through(c).winch appoival shall not be unreasonably withheld.Landlord shall reimburse Tenant up to the amount of the applicable Costs,to use extent of the Tenant luiposement Allowance Landlord shall not he obligated to make any payment of any part of the Tenant Improvement Allowance if there are any liens,suns.actions,or proceedings pending that may affect the Building or the Land with respect to any Tenant Improvement Work. or if Tenant is otherwise in defauh of its obligations under the Lease at the time the disbursement is requested or is to be made. Landlord may offset against the Tenant Improvement Allowance to reduce Landlord's damages in such event(without thereby waiving or curing the defauh). (1) In any ex en( landlord shall provide progress payments of 113 at 25%completion, ii at 75% completion and the remainder at subetanual completion d) Lease is subject to the City of Tigard's re-approval of the-11-occupanc), and I ease shall commence after city approval has been elven to tenant in writing. Waiver of this condition shall he in vatting by the Tenant SECTION 5 Construction Bond: lastirapee. Landlord may require Tenant's General Contractor to post a payment and performance bond equal to the estimated cost of the Tenant improvement Work. Tenant shall provide,or shall cause Tenant's General Contractor to provide, evidence of the following insurance coverages prior to commencing work and upon demand during the course of construction: at Workers Compensation for statutory limits in compliance with applicable state and federal laws. h) Commercial general liability with limits not less than 55.000,0(X)combined sink limit pea occurrence for Bodily Injury and Property Damage,naming Landlord and its building manager as additional inured:. Each certificate of insurance must contain a provision confirming than no cancellation or material change in die policies will be effective eacept upon thirty(TO)days' prior written notice to Landlord SECTION 6 Cooperation.Progress Meetings. Tenant designates (address). telephune number , cell number: , aa, fax number . e-mail: as -Tenant's Construction Representative" who shall be available for onsite and telephone consultations and decisions as necessary If Tenant's Construction Representative is not readily available. (address.), telephone number • cell number fax number , c-mail: shall be the designated alternate representative. Tenant's Construction Representativea shall have the authority to bind Tenant as to all matters relating to the Tenant Improvement Work Landlord's designated construction representative is (address). *di:phone number . cell number: fax awn her . e-mail: During construction of the I enant Improvement Work, Landlord and Tenant each shall respond to requests for Information or decisions within a reasonable time Without limiting the foregoina, each party shall cooperate with the other to facilitate and expedite the efficient design and construction of the Tenant Improvement Work. 1 enanCs and Landlord's representatives shall hold regular • • Standard Form of RETAIL LEASE p 201 I BOMA OREGON meetings at a reasonable time (but not required more often than weekly) evading the progress of the Tenant Improvement Work. which meeting shall be held at a location designated by Tenant on the construction site, or as otherwise mutually agreed by Landlord and Tenant. SECTION 7 Construction Inspection;Notice of Nonresponrhitity. Landlord and landlord's representatives, agents and buildit►y management employees shall at all times during, constniction have aced to the construction site to conduct periodic construction inspections provided said inspections do not unreasonably interfere with Tenant's contractors or subcontractors_ Landlord may at any time post one or more notices of nonresponsibility at the Premises. "TION S Commencement Date. The Commencement Date shall be as set forth m Section I of the Lease. notwithstanding the date of substantial completion of the Tenant Improvement Work. For purposes of this Work Agreement and the Lie, the term -substantial completion" with respectto the Tenant Improvement Work means that the Tenant Improvement Work has been completed substantially in accordance with the Final Plans. notwithstanding that minor or insubstantial details of construction_ mechanical adjustment or decoration remain to he performed. the noncompletion of which does not materially adversely interfere with Tenant's beneficial use of the Premises. SECTION 9 Punch List upon substantial completion of the Tenant Improvement Work. Landkird and Tenant shall promptly jointly inspect the Premises and note any additional items of Tenant Improvement Work that remain to he completed_ On the basis of the joint inspection. Landlord shall prepare a list (the -Punch i.ist") setting forth all the items of Tenant Improvement Work that remain to be completed. The joint inspection,delivery of the Punch t.ist,and completion of the Punch List are not prerequisites to the occurrence of substantial completion or the occurrence of the Commencement Date "tenant shall use reasonable efforts to cause all items set forth on the Punch List to be completed within one 11)month following preparation of the Punch List. SECTION 10 Construction Rules. Tenant shall be responsible for asstnang its General Contractor's compliance with the construction rules ;itt:chcd hereto as F,xhibm L-2 I.andlord reserves the right to implement additional rule', and regulations as may deem necessary. SECTION II Effect of Work Agreement Except as specifically modified by the terms and conditions of this Work Agreement.all lams and conditions of the Lease remain in hull force and effect and all such terms and conditions apply to the performance of the partiea' obligations under this Work Agreement In the event of a conflict between the terms hereof and the terms of the Lease,the terms hereof shall control. SECTiON 12 Ilse of Capitalised Terns. Terms capttaliced,but not detmed herein, shall base the meaning set forth in the Lease. /Signatures on Following Pagel • • Standard Farm of RETA11.LEASE C 2011 SOMA O_RECO' IN WITNESS WHEREOF,the panics hereto have executed this Work Agreement to be effective as of the execution date of the Lease: Tenant:Living Nope,LLC Landlord: Pacific Terrace Commercial,LLC l fr P. A ' S By By:_. 1z Date: 1't1tS f}artez1. / /2015 Exhibit E-1 -Preliminary Plans Exhibit E-2—Construction Ruk • • Standard Farm of RE1`AII,LEASE 11'`20I 1 Kt %IA OREGON EXHIBIT E- PRELIMINARY PLANS • • Standard Form of RETAIL LEASE 4)2011 BOMA OREGON EXHIBIT E-2 CONSTRUCTION RULES al The General Contractor acknowled_*es that this building is or may be in the future cesttfied'rated pursuant to the US.EPA's[:nerd,`Star or the U.S.Green Building Council's rating system hi An agent or representative of General Contractor must be present on the site at all tames when work is in process. c) All inspections that must be perforated by sestina any or all of the life safety system,e.g.,alarms, annunciator,voice activated.strobe lights.etc.,must be performed prior to 8:00 a.m.or after 4:30 p m.,and the on- site engineer must be present At least fon-right(48)hours' notice must he provided to the Building Manager advising that an inspection has been requested di I be use of the freight elevator for deliveries and removals shall he scheduled in advance by General Contractor with the Building Manager for the transfer of ail construction materials, toorls and trach to and from the construction floor. Passenger elevators shall not be used for these purposes. Large transfers of materials.whether for deliveries or removals.must be done prior to 7.00 a.m.or after 600 p.m. No deliveries of any kind or nature shall be brought in through the from door of the Budding at any time_ si General Contractor shall take all necessary precautions.to protect all walls_carpets,floors.furniture. fixtures,and equipment outside the work area and shall repair or replace damaged property without cost to Landlord h Sources of water and eketncity will be furnished to General Contractor without cost,in reasonable quantities for use in lighting.power tocols,drinking water,water for testing.etc "Reasonable quantities"will be determined on a case-lay-case basis but are generally intended to mean quantities comparable to the water and electrical demand tenant would use upon taking i+) I)emolttion of an area in excess of one hundred(100)square feet must he performed before 8100 a m. or after 6:00 p.m General Contractor shall notify the Building Manager's office at twist one(1 f full business day prior to con'unence int of extremely dusty work(sheet rock cutting,sanding.extensive sweeping.etc.)so arrangements can be made for additional filtering capacity on the affected HVAC equipment Failure to make such notification will result in General Contractor's absorbing the costs to return the equipment to its proper condition. All lights must be covered during high dust construction due to a plenum return air system. hi All painting must be completed outside of normal office hours(after 5:00 PM and before 7:00 AM)or on weekends Paints used on site shall be low-V(.X'and are to be brush-applied only:spray painting is not allowed on site unless prior approval is obtained from Building Manager. i) Any and all existing building materials removed and not reused in the construction shall be disposed of by General Contractor as waste or unwanted materials,unless otherwise directed by the Building Manager. General Contractor .hall at all times keep areas outside the work area free from waste material.rubhish,and debris and shall remove waste materials from the Building on a daily basis. Upon construction completion.General Contractor shall remove all debris and thoroughly clean the work area and any common areas impacted by the work. j) General Contractor wises to provide the Buikiing Manager with at least seventy-two(72)hours advance notice of'all chemicals to be used on site through written notice and delivery of`lSl)S sheets. It) Standard construction hours are 6 30 a.m.-5:00 p m The Ruildmg Manager must be notified at least two (2)full business days in advance of any work that may disrupt normal business operations.e.g..drilling or cutting of the concrete floor slab The Building Manager reserves the right to dctermme what construction work is considered inappropriate for normal business hour. I) No abusive language or actions in the part of the workers will be tolerated It will be the responsibility of General Contractor to enforce this regulation on a day to-day basis. General Contractor and subcontractors shall remain in the designated constructioxa area so as not to unnecessarily interrupt other tenants. All workers must wear company identification. m} General Contractor is to perform a thorough inspection of all common areas to which it requires access prior to construction to document existing Building conditions. Upon completion of work, if necessary.General Contractor shall return these areas to the same condition in which they were originally viewed Any damage caused by General Contractor shall be corrected at Its sole cost • • .''standard Form of RETAIL.LEASE r 2011 BOM A 0RFsxtn n) General Contractor or subocmta uhor si:7nagc m.ay not he displayed in the Building cumrrnal areas or on ani of the window .lass. cel In case of emergency.General Contractor shall call the policetfire department and or medirAl services, followed immediately by a call to the Boildinr Manager. At no time will the Budding staff accept deliveries on behalf of General Contractor or any subcontractor. • • Exhibit F RIGHT OF FIRST OPPORTUNITY 1.01 Grant of Right. The "Additional Space' consists of all leasable area of the Building, excluding the Premises, which is located on the same floor as and is adjacent to the Premises and is offered by Landlord to Tenant hereunder. At such time. if any, during the Lease Term that Landlord intends to commence marketing all or a portion cf the Additional Space by reason of or in anticipation of the same becoming vacant and available for lease (but excluding all negotiations with an existing tenant who is renewing or extending its lease, whether or not pursuant to a granted right to do so). Landlord shall notify the Tenant in writing of the proposed term and the financial consideration for a lease of all or a portion of the Additional Space to Tenant and shal allow Tenant; ;he opportunity set forth in this Paragraph. 1.02 Terms of Opportunity. Landlord's Notice to Tenant ('Landlord's Notice) shall set forth, in addition to rent and term information such additional terms and conditions as Landlord in its sole discretion deems appropnate, including the condition in which the space is offered, the amount of the tenant improvement allowance, if any, the amount of any security deposit or additional security deposit required with respect to the Additional Space or applicable portion thereof, and such other matters as Landlord may desire and shall it elude a proposed form of addendum or separate lease for such Additional Space or applicable portion thereof Tenant acknowledges that the terms of the Right of First Opportunity may vary depending upon future circumstances and that Landlord makes no representation or warranty whatsoever as concerns such terms. For example. (i) Landlord may be willing to lease the Additional Space only for a term which is longer than the unexpired balance of the Lease Term, or(ii) portions of the Additional Space may be scheduled to become available at varying times and portions would be. in Landlord's judgment, less marketable as stand alone spaces. Therefore. it is agreed that Landlord may offer the Additional Space or the applicable portion thereof to Tenant on terms which require Tenant (a)to extend the balance of the term of this Lease (at a rent acceptable to Landlord)to coincide with the length of the term being offered by Landlord and/or to exercise or commit to exercise one or more options under Section above. (b) to contract to lease the entirety of the Additional Space as the same becomes available, and/or (c)to agree to other conditions as Landlord deems necessary or appropriate designed to protect Landlord's interest. 1.03 Response to Offer. Tenant shall have until 5:00 p.m. on the fifth (Se)business day following receipt of Landlord's Notice to provide written notice of agreement to lease the Additional Space or applicable portion thereof on the offered terms and until the thirtieth (30e)day following receipt of Landlord's Notice to execute an addendum hereto or a separate lease for the Additional Space. on terms set forth in Landlord's Notice and otherwise on the terms set forth in this Lease. Any such separate lease shall contain a provision to the effect tat a Default by Tenant thereunder shall also be a Default under this Lease, this Lease shall be simultaneously amended to provide that any Default by Tenant under the new lease shall also be a Default hereunder. Should Tenant fail to timely deliver written notice of agreement to lease. or should Tenant fail to timely execute such a separate lease or addendum. within the respective time allowed, or otherwise indicate rejection of Landlord's communication, the Right of First Opportunity shall automatically be deemed of no further force or effect and Tenant shall have no further rights to any portion of the Additional Space. • • 1.04 Financial Statements. Within days of receipt of Landlords Notice, Tenant shall deliver to Landlord complete current financial statements of Tenant and any guarantors. Landlord shall have the right to review such financial statements. If Landlord is not satisfied. in its discretion, with the financial condition of Tenant or any guarantor, as demonstrated by such financial statements, then Landlord shall so inform Tenant and may then proceed to market the Additional Space as if Tenant had rejected Landlord's Notice. 1 05 Notices. Notwithstanding the provisions of Paragraph of the Lease, al! communication and notices from and to either party under this Paragraph shall only be effective if hand delivered during business hours to Landlord. at its offices at the PreecNt. and to Tenant at the Premises 1.06 Personal Nature of Right. The rights of Tenant under this Paragraph are not assignable separately from this Lease. Such ngnts of Tenant shall terminate upon (a)any assignment. sublease or other Transfer (except on`y a Transfer in compliance with Section ), (b) any Default hereunder by Tenant, and/or (c)any termination of this Lease or of Tenant's right of possession hereunder; provided. however, in the event Tenant shall have executed an addendum or a separate lease leasing space pursuant to this Paragraph and Landlord subsequently terminates this Lease or Tenant's right of possession hereunder for Default. the damages to which Landlord shall be entitled shall nctude damages under such addendum or separate lease 1.O7 Certificate. At such time as Tenant rejects a communication by Landlord or otherwise has no rights (or less rights) with respect to the Additional Space or any portion thereof. Tenant shall execute and deliver to Landlord a certificate setting forth the status of the remaining rights. if any, which Tenant enjoys with respect to the Additional Space the compliance of Landlord with the process set forth in this Paragraph, and such other matters as Landlord may reasonably request 1.08 No Landlord Liability. Landlord has not promised that all or any portion of the Additional Space shalt be or became available to Tenant or that such an event shall occur on or before any particular date. Landlord shall have no liability for the failure of all or any portion of the Additanal Space to become available. Landlord shall have no obligation to remove any other tenant from the Additional Space and may aloes any such tenant to renew or extend its lease and/or to holdover. The rights granted to Tenant hereunder are subject and subordinate to (a) any rights previously granted to any other tenant regarding the leasing of all or any part of the Additional Space, and (b) any rights later granted to any subsequent tenant who leases a or a portion of the Additional Space. In no event shall any actual or alleged failure by Landlord under this Paragraph allow Tenant to terminate this Lease. i 0 • Norris & Stevens 'REVISTMtEHT REAL ESTATE SERVICES COMMERCIAL PROPERTY MANAGEMENT DIVISION Monthly E-Rill Statements AS A COURTESY TO OUR TENANTS.NORRIS&STEVENS.INC.PROVIDES A MONTHLY E-BILLING STATEMENT OF YOUR RENTAL ACCOUNT.IF YOU WOULD LIKE TO RECEIVE AN E-STATEMENT PLEASE COMPLETE THIS FORM AND WE WILL GET YOU SET UP. No OTHER BILLING WILL BE:SENT Tenant Name Living Hope, LLC Tenant Address- 11595 SW Pacific Hwy Tigard,Oregon 97223 Tenant I cicphonc: 593347.3&59 Fax . I cnant Billing E-Mail Address:jared*thisishope.00us Approved by: . ..i.__.' 411,... ./\\.. .- . Date: .1),//.1/45, 1 Jared Strickland Property Name: Unit Reference: Please return to: Norris & Stevens,Inc.; 900 SW 5th Avenue, 17th Floor; Portland,OR 97204 Or E-Mail request to: norris&stevens-ebilling(i norrstev.com FAX: (503)228-2136