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99-052816 ~ 10645 SW Walnut Street
J TICOR TITLE INSURANCE ,,�1 WARRANTY DEED This Space Reserved for Recorder's Use STATE OF OREGON 4 GRANTOR: EDWARD T. KUHN County of Washington SS GRANTEE: CITY OF TIGARD I, Jerry fellanann, Direi*, of Assess- ment ander tiorl and LX-Offt io County Clerk for 3ai Witty,do Iterdby Certify that Until a change is requested, all tax statements shall be the within in,,trjmentof Writhatl Wasreceived sent to the following address: and reorde¢ .In book=of records of said CITY OF TIGARD county 13125 SW Hall Boulevard Tigard, Or. 97223 Escrow No. 690351 Title No. W690351-TM Jerry R. Hanso `'Director of 'Asa' esefrient and Taxation, Ex- After recording return to: Offi tto o'unty Clerk CITY OF TIGARD Doc 99052816 Recti: 230758 11.00 Imm 13125 SW Hall Boulevard 04/30/1999 10:25:03am Tigard, Or. 97223 a STATUTORY WARRANTY DEED EDWARD T. KUHN AND DIANE F. KUHN, HUSBAND AND WIFE Grantor, conveys and warrants to CITY OF TIGARD, an Oregon municipal corporation Grantee, the following described real property free of encumbrances except as specifically set t w�. forth herein situated in WASHINGTON County, Oregon, to wit: Lot 6, COTTONWOOD PLACE, in the County of Washington and State of Oregon. EXCEPTING THEREFROM that portion conveyed for road purposes, by deed recorded July 10, 1975 in Book 1033, Page 88. a. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The said property is free from encumbrances except:NONE CURRENTLY OF RECORD. The true consideration for this conveyance is $230,000.00 (Here comply with the requirements of ORS 93.030) Dated this 4 U day of Alp r 19 99 isp EDWARD T. KUHN DIANE F. KUHN State of Oregon, County of (W ad The foregoing instrument was acknowledged bef• me this day of Ai , 19 by EDWARD T. KUHN DIANE F. KUHN Ly'\ OFFICIAL SEAL �� .�' , Z .-�kl.- JEAN IS F AYALA � NOTARY PUSLIC•OREGON Notary P slit for Oregon ,. ©NrT SstON Na.058104 My co► is:ion expires: //5/ �/ � MY COMMISSION EXPIRES AUG. 13,2000 J TICOR TITLE INSURANCE 8100 S.W. NYBERG RD., SUITE 107 TUALATIN, OREGON 97062 (503) 219-1130 FAX (503) 692-6529 April 30, 1999 CITY OF TIGARD 13125 SW HALL BLVD TIGARD, OR 97223 Re: 69035 l-.IA KUHN to CITY OF TIGARD 10645 SW WALNUT STREET TIGARD, OR 97224 Enclosed please find your Final Settlement Statement for the above referenced transaction. Please call if you have any questions or if we can assist you in the future. Sincerely, TICOR TITLE INSURANCE COMPANY / EANNE F. AYALA, CSEO SR. ESCROW OFFICER/BR MGR mh BUYER SETTLEMENT STATEMENT FILE NO. 690351 ESCROW OFFICER: JEANNE F. AYALA, CSEO BUYER: CITY OF TIGARD 13125 SW HALL BLVD TIGARD OR 97223 SELLER: EDWARD T. KUHN DIANE F. KUHN 10645 SW WALNUT STREET TIGARD OR 97224 PROPERTY: 10645 SW WALNUT STREET TIGARD OR 97224 SETTLEMENT DATE: 04-30-99 PRORATION DATE: SALE PRICE: 230, 000 .00 DEBIT CREDIT SALE PRICE 230, 000 .00 DEPOSIT(S) IN ESCROW 230, 601 .11 PROPERTY TAX PRORATION DR/CR from 04-30-99 to 07-01-99 @ 4 .5985/day 285 .11 ESCROW FEES 275.00 to TICOR TITLE INSURANCE COMPANY RECORDING DEED 31 .00 WIRE IN FEE 10 .00 to TICOR TITLE INSURANCE COMPANY GROSS DUE FROM BUYER 230, 601 .11 TOTAL PAID BY/FOR BUYER 230,601.11 GROSS DUE FROM BUYER 230, 601 .11 TOTAL PAID BY/FOR BUYER 230, 601 .11 WE CERTIFY THAT WE HAVE DELIVERED COPIES OF THE APPLICABLE ESCROW ACCOUNT STATEMENTS TO THE ABOVE PARTIES. l �/ RAMIS CREW CORRIGAN & BACHRACH, LLP May 5, 1999 ATTORNEYS AT LAW 1727 N.W. Hoyt Street MAY 06 1999 Portland,Oregon 97209 William A. Monahan (503)222-4402 City Manager Fax: (503)243-2944 City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 JEFF H.BACHRACH RE: KUHN PROPERTY MARK L.BUSCH D.DANIEL CHANDLER++ Dear Bill: CHARLES E.CORRIGAN' STEPHEN F.CREW Enclosed with this letter is one original, fully executed Purchase and Sale MARTIN C.DOLAN GARY FIRESTONE' Agreement and Joint Escrow Instructions, and the final Buyer's Settlement WILLIAM E.GAARStatement. Please keep these with the other documents relating to this DAVID H.GRIGGS matter. G.FRANK HAMMOND' ALLISON P.HENSEY+ As always, I enjoyed working with you on this transaction, and look KELLY M.MANN forward to many more successful ventures. T.CHAD PLASTER' TIMOTHY V.RAMIS Very t yours, WILLIAM J.STALNAKER BARTON J.WACHSTETER .e0 Dominic G. Colletta JAMES M.COLEMAN DOMINIC G.COLLETTA” DGC/slh OF COUNSEL Enclosures C:\ORCC\DGC\TIGARD\Correspondence\Kuhn Cl Docs Ltr.wpd SOUTHWEST WASHINGTON OFFICE First Independent Place 1220 Main Street, Suite 451 Vancouver, Washington 98660-2964 (360)699-7287 Fax: (360)699-7221 *Also Admitted To Practice In Washington **Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montana +Also Admitted to Practice in Alaska PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement")is entered into as of 11• V) , 1999 (the "Effective Date"), between EDWARD T. KUHN and DIANE F. KUHN (collectively "Seller") and the CITY OF TIGARD, an Oregon municipal corporation("Purchaser"). RECITALS A. Seller is the owner of real property commonly described as 10645 SW Walnut Street, Tigard, Washington County, Oregon, and more particularly described as Lot 6, Cottonwood Place, in the County of Washington, State of Oregon, excepting therefrom that portion conveyed for road purposes by deed recorded July 10, 1975 in Book 1033, page 88 (the "Property"). B. Purchaser desires to purchase the Property from Seller in order to provide for the realignment of an adjoining public street, and Seller desires to sell to Purchaser the Property and to settle by this Agreement Seller's potential claims regarding taking of the Property and relocation benefits. C. It is the intention of the parties to set forth in this Agreement the terms and conditions of the sale and purchase of the Property. D. These recitals are contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. Purchase Price. The purchase price (the "Purchase Price")to be paid by Purchaser to Seller for the Property is TWO HUNDRED THIRTY THOUSAND DOLLARS ($230,000.00 ). The Purchase Price shall be payable in cash or other readily available funds through escrow at the Closing (as that term is defined below). It is acknowledged and agreed that the Purchase Price includes compensation for relocation benefits and any other claims and benefits to which Seller may be otherwise entitled as a result of the acquisition of the Property by Purchaser. 2. Escrow. 2.1 Escrow Agent. Upon execution of this Agreement,the parties shall deliver a copy of this fully executed Agreement to Ticor Title Insurance Company, 8100 S.W. Nyberg Road, Suite 107, Tualatin, Oregon, Attention: Jeanne Ayala(the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective Page 1 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:\ORCC\DGC\TIGARD Documents\Kuhn PurchAg3.wpd(4/27/99) attorneys to execute and deliver into escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. 2.2 Cancellation Fees and Expenses. In the event this Agreement is terminated because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. In the event this Agreement is terminated because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Seller's Warranties. 3.1 Marketable Title. Seller warrants that, at the time of Closing, no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow. 3.2 Parties in Possession. Seller warrants that as of the close of escrow there will be no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the Property. 3.3 Authority of Seller. Seller warrants that it has the authority to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof 3.4 No Option or Right of First Refusal to Acquire Premises. Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. 3.5 Environmental Warran y. Seller has no knowledge of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. To the best of Seller's knowledge no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law or regulations. As used herein "hazardous materials" means any substance the presence or discharge of which is regulated by any federal, state or local law or relating to the protection of the environment or public health. 4. Closing. 4.1 Closing Date. The closing (the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before May 1, 1999 (the date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in this Agreement. Page 2 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C: ORCC\DGC\TIGARD\Documents1Kuhn PurchAg3.wpd(4/27/99) 4.2 Deliveries to Escrow Agent. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 5.2 shall be mutually concurrent conditions: 4.2.1 Seller's Deliveries. On or before the Closing Date, Seller, at Purchaser's cost and expense, shall deliver the following into escrow: Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exceptions; (ii) An ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an ALTA extended coverage owner's policy. Seller shall be responsible for and pay the premium for the standard ALTA owner's policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's policy, together with all related expenses. (ii) Certificate executed and sworn to by Seller(a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1986 and otherwise in compliance with §1.1445-2T of the regulations promulgated thereunder. 4.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow. 4.3 Closing Costs/Prorations. Seller and Purchaser shall each pay one-half of all escrow fees. Purchaser shall pay the cost of recording the Deed, and Seller shall pay the cost of an ALTA standard coverage owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and Purchaser as of the Closing Date, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; when actual figures are available a cash settlement shall be made between Seller and Purchaser. The provisions of this Section 5.3 shall survive the Closing. All other costs and expenses shall be allocated between Seller and Purchaser in accordance with the customary practice for allocation in the Portland Metropolitan Area. 4.4 Authority Documents. Purchaser and Seller shall, if requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. Page 3 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS CAORCODGC\TIGARD\Documents\Kuhn PurchAg3.wpd(4/27/99) 4.5. Removal of Personal Property. Seller shall be entitled to remove from the Property the HVAC system, all decorative lighting fixtures, a portable hot tub, and a china hutch from the kitchen area prior to the date possession of the Property is delivered to Purchaser. 4.6. Possession. Seller shall deliver to Purchaser possession of the Property no later than June 30, 1999. Seller may, at Seller's election, continue to occupy the Property after the Closing Date to a date not later than June 30 1999, pursuant to an Occupancy Agreement in the form attached hereto as Exhibit B. 5. Remedies. 5.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1 or 3.2, then Seller may terminate this Agreement and retain the Earnest Money as Seller's exclusive remedy. 5.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any further rights or obligations hereunder; or(ii) Purchaser may seek any other rights, resources or remedies(including, without limitation, specific performance) available to Purchaser, such rights, remedies and resources hereunder to be cumulative, and not in exclusion of any other. 6. General Provisions. 6.1 Time. TIME IS OF THE ESSENCE of this Agreement. 6.2 Full Authority. Each of the signatories to this Agreement represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 6.3 Negation of Agency and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 6.4 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 6.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR Page 4 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS CAORCC\DGC\TIGARD\Documents\Kuhn PurchAg3.wpd(4/27/99) ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 6.6 Severability. If any provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 6.7 Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 6.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 6.9 Assignment. Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation of hazardous materials which may be located on the Property and for indemnification as provided in this Agreement constitute a material portion of the consideration for entry into the Agreement by Purchaser. Purchaser shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release Purchaser from its obligations hereunder. 6.10 Successors and Assigns. Subject to the provisions of Section 8.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 6.11 Notice. All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as certified mail, postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: Page 5 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:\ORCC\DGC\TIGARD\Documents\Kuhn PurchAg3.wpd(4/27/99) If to Seller, to: Mr. and Mrs. Edward and Diane Kuhn 10645 SW Walnut Street Tigard, OR 97223 With a copy to: John T. Gibbon, Attorney 13425 SW 72nd Avenue Tigard, OR 97223 If to Purchaser, to: City of Tigard Attn: William A. Monahan, City Manager 13125 SW Hall Boulevard Tigard, OR 97223 With a copy to: Dominic G. Colletta Ramis Crew Corrigan& Bachrach 1727 N.W. Hoyt Street Portland, Oregon 97209 6.12 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 6.13 Captions and Headings. The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 6.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such holiday. 6.15 Commissions. Each party warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement. Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller,from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 6.16 Attorneys' Fees. If a suit, action, or other proceeding of any nature whatsoever(including any proceeding under the Bankruptcy laws of the United States) is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce its terms and provisions, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. Page 6 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:\ORCC\DGC\TIGARD\Documents\Kuhn PurchAg3.wpd(4/27/99) 6.17 Entire Agreement. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. EXECUrED as of the Effective Date. SELLER: PURCHASER: City of Tigard, an Oregon municipal 7 corporation EDWARD T. KUHN Print Name: DIANE F. KUHN Title: et y /A "IA A-syt Duly Authorized Representative ACCEPTANCE BY TITLE COMPANY Ticor Title Insurance Company, by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement. Ticor Title InsuranceCompany By -- _ Its: 49 r Page 7 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS CAORCMGC\TIGARD Documents\Kuhn PurchAg3.wpd(4/27/99) EXHIBIT "B" RESIDENTIAL LEASE Date: May 1, 1999 Landlord: City of Tigard, an Oregon municipal corporation Tenant: Edward T. Kuhn and Diane F. Kuhn, husband and wife RECITAL: Landlord Leases to Tenant the following described property(the "Premises"), on the terms and conditions stated below: Dwelling at: 10645 SW Walnut Street Tigard, OR AGREEMENTS: Section 1. Occupancy 1.1 Term. The tenancy covered by this agreement shall commence on the earlier of May 1, 1999, or the date of closing of the sale of the above described Premises by Tenant to Landlord, and will terminate at the earlier of June 30, 1999, or the effective date of written notice from Tenant to Landlord that Tenant shall vacate the Premises prior to June 30, 1999. Section 2. Rents, Utilities, and Other Charges 2.1 Basic Rent. Tenant shall pay to Landlord as rent the sum of$-0- per month. 2.2 Additional Rent. Tenant shall pay as additional rent: 2.1.1 The costs of all utilities for the Premises, including electricity, oil heating, natural gas, water, heat, air conditioning, sewage, garbage collection and disposal, and telephone and shall change all such accounts to Tenant's name as of May 1, 1999; and 2.1.2 All additional rent shall be paid as these charges become due. Section 3. Use of the Premises Page 1- RESIDENTIAL LEASE C:\ORCC\DGC\TIGARD\Documents\Kuhn Residential Lease2.wpd(4/27/99) 3.1 Permitted Use. The Premises shall be used as a dwelling unit and for no other uprose. No persons other than the immediate family of Tenant shall reside on the Premises. 3.2 Pets. Tenant shall maintain no pets on the Premises without the prior written consent of Landlord. 3.3 Rules and Regulations. Tenant shall not permit any acts to be done on the Premises in violation of any law or ordinance. 3.4 Extended Absence.. Tenant shall notify Landlord in writing of any anticipated absence in excess of seven days no later than the first day of the extended absence. 3.5 Alterations. Tenant shall not make or permit any alteration to be made on the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant shall be permitted to remove from the Premises the heating, ventilation and air conditioning system, all decorative lighting fixtures, a portable hot tub and a china hutch from the kitchen area, which are acknowledged to be the personal property of Tenant. 3.6 Restrictions on Use. In connection with the use of the Premises, Tenant shall: 3.6.1 Refrain from any use that would be reasonably offensive to Landlord, other Tenants, or owners or users of adjoining Premises or that would tend to create a nuisance or damage the reputation of the Premises. 3.6.2 Refrain from loading the floors beyond the point considered safe by a competent engineer or architect selected by Landlord. 3.6.3 Refrain from making any marks on or attaching any signs, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the Premises without the written consent of Landlord, or that in any way would detract from the general appearance of the Premises. 3.6.4 Refrain from any act by Tenant or by a person within Tenant's control that is outrageous in the extreme, as defined in ORS 90.400(3)(d). Section 4 Repairs and Maintenance 4.1 Landlord's Responsibilities. Landlord shall have no obligation to make any repairs to the Premises during the terms of this Lease. 4.2 Tenant's Responsibilities. Tenant shall maintain the Premises, including the yard, in at lease as good a condition as the Premises were in at the commencement of this Lease. Tenant shall replace all broken glass and light bulbs during the term of the Lease and shall make any repairs Page 2- RESIDENTIAL LEASE C:\ORCC\DGC\TIGARD\Documents\Kuhn Residential Lease2.wpd(4/27/99) necessitated by the negligence or willful act of Tenant or Tenant's invitees. Tenant agrees to notify Landlord promptly of all required repairs and consents to the entry of Landlord on the Premises as required to make repairs. Tenant shall be responsible for testing any smoke detector every six months and shall notify Landlord of any malfunction. Tenant has examined the Premises, accepts them in their conditions as of the commencement of this Lease, and agrees to leave them in the same condition (excepting ordinary wear and tear) at the termination of the Lease. Notwithstanding the foregoing, Tenant shall have the right to remove from the Premises personal property as set forth in Section 3.5 hereof. Section 5. Landlord's Right of Access 5.1 Landlord's Right to Access with Tenant's Prior Consent. Landlord shall, upon obtaining Tenant's prior consent, have the right to enter the dwelling unit or any other portion of the Premises under Tenant's exclusive control to inspect the Premises and to bring onto the Premises agents, representatives and contractors of Landlord necessary or appropriate to permit Landlord to provide for its intended use of the Premises after the termination of this Lease, provided, however, that Landlord shall not unreasonably interfere with the rights of occupation of the Premises by Tenant, and Landlord shall provide not less than twenty four (24) hours prior notice of its intent to conduct such inspections and entries. 5.2 Conditions to Landlord Right of Access Without. 5.2.1 Except in case of emergency, agreement to the contrary, or unless it is impractical to do so,Landlord shall give Tenant at least twenty four(24) hours' notice of Landlord's intent to enter the Premises. 5.2.2 Landlord may enter the Premises only at reasonable times. 5.2.3 Landlord may enter the dwelling unit or Premises under Tenant's exclusive control without Tenant's consent in the following circumstances. (1) In case of an emergency; (2) Tenant's absence in excess of seven (7) days if Landlord was not notified as required by this Lease and ORS 90.340; (3) Abandonment or surrender of Premises by Tenant as described in ORS 90.410(3); (4) Pursuant to court order; and Section 6 Insurance Page 3- RESIDENTIAL LEASE C:\ORCC\DGC\TIGARD\Documents\Kuhn Residential Lease2.wpd(4/27/99) 6.1 Fire and Theft Insurance. Tenant shall not be required to insure the Premises against theft, fire, or other casualty. Tenant shall bear the expense of any insurance insuring the personal property of Tenant on the Premises against such risks but shall not be required to insure. 6.2 Liability Insurance. Tenant shall procure and maintain during the term of the Lease public liability and property damage insurance with a responsible company with limits of not less than $500,000.00 for injury to one person, $500,000.00 for injury to two or more persons in one occurrence, and $250,000.00 for damage to property. Landlord shall be named as an additional insured on such policy, and Tenant will deliver to landlord a certificate of such insurance. The insurance policy shall include a provision that coverage may not be canceled or modified without a minimum of thirty (30) days advance written notice to Landlord. Section 7 Liability to Third Persons 7.1 Liens. Except with respect to activities for which Landlord is responsible, Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Premises, and shall keep the Premises free from any liens caused by Tenant's failure to meet Tenant's obligations. 7.2 Indemnification. Tenant shall indemnify, defend, and hold Landlord harmless from any claim, loss, or liability arising out of or related to any such activity on the Premises of Tenant, and any person who comes on the Premises at the invitation or with the acquiescence of Tenant. Tenant's duty to indemnify shall not apply to or prevent any claim by Tenant against Landlord for injury or damage to Tenant or Tenant's property for which Landlord may be liable. Section 8 Damage and Destruction In the event the Premises are damaged or destroyed by fire or other casualty, either Landlord or Tenant may terminate the Lease. Section 9 Assignment and Sublease No part of the Premises may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the Premises be conferred on any third person by any other means, without the prior written consent of Landlord. No consent in one instance shall prevent this provision from applying to a subsequent instance. Section 10 Remedies 10.1 Basic Remedies. The remedies of Landlord and Tenant for breach of this Lease or of the Residential Landlord and Tenant Act shall be as set forth in ORS 90.100-90.435 and ORS 105.105-105.165 and shall specifically include, but not be limited to, the remedies set forth in the following sections. Page 4- RESIDENTIAL LEASE C:\ORCC\DGC\TIGARD\Documents\Kuhn Residential Lease2.wpd(4/27/99) 10.2 Landlord's Right to Terminate Lease. 10.2.1 On 24 Hours' Notice. Landlord may immediately terminate the Lease and take possession after 24 hours' written notice if: (1) Tenant, someone in Tenant's control, or Tenant's pet seriously threatens to immediately inflict personal injury, or inflicts any substantial personal injury, upon Landlord or other persons; (2) Tenant, someone in Tenant's control, or Tenant's pet intentionally inflicts any substantial damage to the Premises; (3) Tenant has vacated the Premises, and the person in possession is holding without the written permission of Landlord, and Landlord has not knowingly accepted rent from the person in possession; or(4)Tenant or someone in Tenant's control commits any act that is outrageous in the extreme. An "act outrageous in the extreme" includes, but is not limited to, an act that Tenant or a person in Tenant's control has in fact committed and that results in (1) service of a written notice to Landlord under state statute or local ordinance of drug manufacturing or delivery, gambling or prostitution activity at the Premises occupied by Tenant; or (2)judgment against the property under ORS chapter 465; or(5) In the event Tenant fails to vacate the Premises and remove the property it is entitled to remove pursuant to Section 3.5 no later than 5:00 P.M. on June 30, 1999. 10.2.2 Keeping a Pet. If Tenant keeps a dog, cat, or other pet capable of causing damage to persons or property on the Premises in violation of the Lease, Landlord may deliver a written notice to Tenant specifying the violation and stating that the Lease will terminate on a date not less than three (3) days after receipt of the notice unless Tenant removes the pet from the Premises prior to the date specified. 10.2.3 Other Breaches. In the case of any other material noncompliance by Tenant with the terms of the Lease or any noncompliance with ORS 90.325 materially affecting health and safety,Landlord may deliver a written notice to Tenant specifying the acts and omissions constituting the breach and that the Lease will terminate on a date not less than three (3) days after receipt of notice if the breach is not remedied. 10.3 Manner of Taking Possession. In the event of termination of the Lease pursuant to the provisions of this section, Landlord may take possession in the manner provided in ORS 105.105- 105.165 or in any other manner, including voluntary surrender by Tenant. 10.4 Abandoned Property. Property of Tenant left on the Premises after surrender or abandonment of the Premises or termination of this Lease by any means shall be deemed abandonment and, after proper notice as required by law, shall be disposed of in accordance with ORS 90.425. Section 11 Miscellaneous 11.1 Nonwaiver. Waiver by either party of strict performance of any provision of this Lease, including acceptance by Landlord of late payment of rent, shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provisions. Page 5-RESIDENTIAL LEASE C:\ORCC\DGC\TIGARD\Documents\Kuhn Residential Lease2.wpd(4/27/99) 11.2 Attorney Fees and Costs. 11.2.1 No Suit or Action Filed. If this Lease is placed in the hands of an attorney due to a default in the payment or performance of any of its terms, the defaulting party shall pay, immediately upon demand, the other party's actual fees and expenses together with reasonable attorney fees, even though no suit or action is filed. 11.2.2 Arbitration or Mediation; Trial and Appeal. If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if a suit or action is instituted to enforce or interpret any of the terms of this Lease, or if a suit or action is instituted in a Bankruptcy Court for the United States District Court to enforce or interpret any of the terms of this Lease, or to seek relief in a bankruptcy proceeding, the party not prevailing shall pay the prevailing party's actual fees and expenses, costs and disbursements, fees and expenses of expert witnesses used to determine reasonable attorney fees pursuant to Oregon Rules of Civil Procedure 68, and such sums as the court may determine to be reasonable for the prevailing party's attorney fees connected with the trial and any appeal and by petition for review thereof; in addition, the Court shall award the prevailing party reasonable attorney fees for collecting any resulting judgment. 11.2.3 Definitions. For purposes of this Lease, the term attorney fees includes all charges of the prevailing party's attorneys and their staff(including without limitation legal assistants, paralegals, word processing, and other support personnel) and any postpetition fees in a bankruptcy court. For purposes of this Lease, the term fees and expenses includes but is not limited to all long- distance telephone charges, expenses of facsimile transmission and receipt, postage (including costs of registered or certified mail and return receipts), express mail or parcel delivery, mileage, and all deposition charges, including but not limited to court reporters' charges, appearance fees, and all costs of transcription, expert witness fees and all of their charges and expenses, costs incurred in searching records, the cost of title reports, litigation reports, foreclosure reports, and surveyor's reports. 11.3 Notices. Any notice required by this Lease shall be delivered to the parties by first class mail or by any service method allowed by Oregon Rules of Civil Procedure 7. 11.4 Succession. Subject to the provisions of Section 11, this Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. 11.5 Number, Gender,and Captions. As used herein, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine, and neuter, as the context requires. All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of this Lease agreement. 11.6 Tenant's Acknowledgment. Tenant hereby acknowledges that Tenant has read and received a copy of this Lease agreement, including any exhibits hereto. Page 6- RESIDENTIAL LEASE C:\ORCC\DGC\TIGARD\Documents\KuhnResidential Lease2.wpd(4/27/99) 11.7 Prior Agreements. This document is the entire, final, and complete agreement of the parties pertaining to the Lease and supersedes and replaces all written and oral agreements heretofore made or existing by and between the parties or their representatives insofar as the Lease or the Leased Premises are concerned (save and except for the application, if any, recited in this Lease). 11.8 Modification. No modification of this Lease shall be valid unless in writing and signed by the parties hereto. 11.9 Compliance with Residential Landlord and Tenant Act. This Lease is intended to comply with the provisions of the Act, ORS 90.100-90.940, in effect on the date first written above. If a court determines that any provision in the Lease conflicts with the Act, the provisions of the Act shall control. This Lease shall be deemed to be amended to comply with any statutory changes in the Act if such changes apply retroactively to existing Leases, but not otherwise. The parties have executed this Residential Lease Agreement on the date first written above, which is its effective date. Landlord: CITY OF TIGARD, an Oregon municipal corporation By:_ r Its: C'rt MA al /I-5(-ft Tenant: 7,‘Y Edward T. Kuhn Diane F. Kuhn Page 7-RESIDENTIAL LEASE CAORCC\DGC\TIGARD\Doeuments\Kulut Residential Lease2.wpd(4/27/99) BUYER SETTLEMENT STATEMENT FILE NO. 690351 ESCROW OFFICER: JEANNE F. AYALA, CSEO BUYER: CITY OF TIGARD 13125 SW HALL BLVD TIGARD OR 97223 SELLER: EDWARD T. KUHN DIANE F. KUHN 10645 SW WALNUT STREET TIGARD OR 97224 PROPERTY: 10645 SW WALNUT STREET TIGARD OR 97224 SETTLEMENT DATE: 04-30-99 PRORATION DATE: SALE PRICE: 230, 000 .00 DEBIT CREDIT SALE PRICE 230, 000 .00 DEPOSIT(S) IN ESCROW 230, 601.11 PROPERTY TAX PRORATION DR/CR from 04-30-99 to 07-01-99 @ 4 .5985/day 285.11 ESCROW FEES 275.00 to TICOR TITLE INSURANCE COMPANY RECORDING DEED 31.00 WIRE IN FEE 10 .00 to TICOR TITLE INSURANCE COMPANY GROSS DUE FROM BUYER 230, 601.11 TOTAL PAID BY/FOR BUYER 230,601.11 GROSS DUE FROM BUYER 230, 601.11 TOTAL PAID BY/FOR BUYER 230, 601.11 WE CERTIFY THAT WE HAVE DELIVERED ••PIES OF THE APPLICABLE ESCROW ACCOUNT STATEMENTS TO THE ABOVE PARTIES. .1 L//2- g"-ze- "/ `5c23Oi ) & \J - ,e7 /„A„,-) A&7 - s 3 fit)/9-c 9//6 �� - , k22,74,4- / *,,(4,46( ( /L- e-pvue d ��� / ,�J�-►� i /a/4(w, i/L)4 -5— iLl(e4"-4-' fti 3 )((, f , n c ` ��' s G-e,L1 y^-44 /t-2.- 41/ -7 -z-� 3/ P/Vrikt) ' :5 e / 67/647 _ /(„,e/;-) sw,. C 7 of crira eptee`i, IVO I 2-5-00 3 7 5,17-2, 2 2- 2 -C-1111 00 '11 1"3. 7 f C-Txvv-v 4/ RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :45 No .005 P .01 RAMIS CREW CORRIGAN & BACIJRACH, LLP FACSIMILE TRANSMISSION COVERSHEET THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ATTORNEYS AT LAW BELOW, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE 1727 N.W.Hoyt Street HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OP THIS 1727 Portland,Oregon 47209 COMMUNICATION U fTRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL DATE: Apr1l 27, 1999 CLIENT NO.: 90024-13 TO: William Monahan FAX NO.: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM: Dominic G, Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Property Documents COMMENTS: Please call me after your review. /6.PAGE(S) TO FOLLOW,EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT(503)222-4402 IMMEDIATELY. THANK YOU. SIGNED: Sarah Harris I ] AN ORIGINAL IS BEING MAILED [XX] AN ORIGINAL IS AVAILABLE UPON REQUEST RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :45 No .005 P .02 RAMIS CREW CORRIGAN & $ .CHRACH. LLP April 27, 1999 ATTORNEYS AT LAW 1727 N.W.Hoyt SumBY FACSIMILE Portland,Ore on 97209 (503)222-4402 John T. Gibbon Fax(503)243-2944 Shonkwiler-Hoelscher-Gibbon 13425 SW 72nd Avenue Tigard, OR 97223 JESS H.BACHRACH RE; KUHN/CITY OF TIGARD MARK L.BUSC1i D.DANIEL CHANDLER++ CHARLES E.CORRIOAN' Dear John: STEPHEN F.CREW MARTIN C.DOLAN In confirmation of our telephone conversation this morning, enclosed with CARY FIRESTONE' this letter please find a revised Purchase and Sale Agreement and Joint WILLIAM B.OAAR' Escrow Instructions and revised Residential Lease,both of which have been DAVID II.CR1005 changed to reflect that your clients will remove from the property the 0.PRANK HAMMOND' HVAC system, all decorative lighting fixtures, a portable hot tub and a ALLISON 1'.HENSEY+ Y g S KELLY M.MANN china hutch from the kitchen area. T.CHAD PLASTER' TIMOTHY V.RAMIS The above described items are acknowledged to be the personal property of WILLIAM I.STALNAKI3R your clients, which they may take from the property at any time prior to BARTON J,WACHSTETEK their vacation of the premises. In addition to describing the above items both in the Purchase Agreement and the Lease,I have made the other changes we discussed in response to your fax correspondence to me of JAMES M.COLHMAN April 21, 1999. Please note that all study period and title contingencies DOMINIC 0.COLLArrA" have been removed from the Purchase Agreement, I have made the OP COUNSEL requested addition to Section 4,5 (formerly 5.3), and have revised Section 6.1 (formerly 7,1,1)in accordance with your request. soUrllw>rsT Please call me with your questions and comments. Upon your approval of a WASHINGTON OFFICE final form of these documents,I will obtain the signature of the authorized Finn Independent Pines representative of the City of Tigard, and will arrange for delivery of 1220 Main Stmt,Suite 451 duplicate originals of the enclosed documents to the escrow company on the vanaou.ar,waafun5ton morning of April 28th. The City of Tigard has already arranged for a wire 98660.2964 transfer of funds pursuant to the settlement statement we received from the (360)699-7287 escrow company, and so long as your clients are able to execute appropriate Fax:(360)699.7221 original documents on April 28th,this transaction should close on that date, •Also Admitted To Prattle'in Wsihlnstnn ••Alio Admitted To Preetto.In Conantda ++Also Admitted To Practice In Weshlndton and Montana 4 Alio Admitted to Practise In Alaska RHMIS CREW CORRIGAN 503 243 2944 Hpr 27 ,99 10 :46 No .O05 P ,03 RAMI S CREW CORRIGAN& BACHRACH, LI.F' —� John T. Gibbon April 27, 1999 Page 2 Thank you for your continuing courtesy. Very • ly yours, nic G. Colletta DGC/s1h Enclosures cc: Bill Monahan (by facsimile) C;1ORCCVXICITTOARDICorroepandenoeiIbo Tans LV.0 pd RAMIS CREW CORRIGAN 503 243 2944 Hpr 27 ,99 10 :46 No .005 P .04 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INETRUCJ'IONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement")is entered into as of , 1999(the"Effective Date"),between EDWARD T. KUHN and DIANE F. KUHN (collectively "Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser"), RECITA .S A. Seller is the owner of real property commonly described as 10645 SW Walnut Street, Tigard,Washington County,Oregon, and more particularly described as Lot 6, Cottonwood Place, in the County of Washington, State of Oregon, excepting therefrom that portion conveyed for road purposes by deed recorded July 10, 1975 in Book 1033, page 88 (the"Property"). B, Purchaser desires to purchase the Property from Seller in order to provide for the realignment of an adjoining public street, and Seller desires to sell to Purchaser the Property and to settle by this Agreement Seller's potential claims regarding taking of the Property and relocation benefits. C. It is the intention of the parties to set forth in this Agreement the terms and conditions of the sale and purchase of the Property. D. These recitals are contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1, Purchase Price, The purchase price(the"Purchase Price")to be paid by Purchaser to Seller for the Property is TWO HUNDRED THIRTY THOUSAND DOLLARS ($230,000.00 ). The Purchase Price shall be payable in cash or other readily available funds through escrow at the Closing (as that term is defined below), It is acknowledged and agreed that the Purchase Price Includes compensation for relocation benefits and any other claims and benefits to which Seller may bo otherwise entitled as a result of the acquisition of the Property by Purchaser. 2. Escrow. 2,1 Escrow Agent. Upon execution of this Agreement,the parties shall deliver a copy of this fully executed Agreement to Ticor Title Insurance Company, 8100 S.W. Nyberg Road, Suite 107, Tualatin, Oregon, Attention: Jeanne Ayala(the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective Page 1 - PURCHASE AND BALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS GWRCCIDOCITIOARDADooumenuAKuhn PurohA53.wpd0/27109) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 . 99 10 : 47 No . 005 P . 05 attorneys to execute and deliver into escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. 2.2 Cancellation Fees and Expenses, In the event this Agreement is terminated because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser, In the event this Agreement is terminated because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Seller's Warranties, 3.1 Marketable Title, Seller warrants that, at the time of Closing, no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow, 3,2 Parties in Possession, Seller warrants that as of the close of escrow there will be no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the Property. 3,3 Authority pf Seller, Seller warrants that it has the authority to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof, 3,4 No Option or Right ofFirst'Wind to Acquire Premises. Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. 3,5 Environmental Warranty. Seller has no knowledge of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. To the best of Seller's knowledge no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law or regulations. As used herein "hazardous materials" means any substance the presence or discharge of which is regulated by any federal, state or local law or relating to the protection of the environment or public health. 4, Elnsigg, 4,1 Closing Date, The closing(the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before May 1, 1999 (the date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in this Agreement. Page 2 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS CAORCC1DdC1TIOARDIDaoumsnuUCuhn PurohA5 .wpd(4/27/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 , 99 10 : 48 No . 005 P . 06 4.2 D -lr ries to Essow gent. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 5,2 shall be mutually concurrent conditions; 4.2.1 Seller's Deliveries, On or before the Closing Date, Seller, at Purchaser's cost and expense, shall deliver the following into escrow: (i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exceptions; (ii) An ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an ALTA extended coverage owner's policy, Seller shall be responsible for and pay the premium for the standard ALTA owner's policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's policy, together with all related expenses. (ii)Certificate executed and sworn to by Seller (a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1986 and otherwise in compliance with $1,1445-2T of'the regulations promulgated thereunder, 4.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow. 4,3 Closing Coati/Proration Seller and Purchaser shall each pay one-half of all escrow toes, Purchaser shall pay the cost of recording the Deed, and Seller shall pay the cost of en ALTA standard coverage owner's policy of title insurance, Purchaser shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage, Seller shall pay Washington County transfer taxes. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and Purchaser as of the Closing Date, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; when actual figures are available a cash settlement shall be made between Seller and Purchaser. The provisions of this Section 5,3 shall survive the Closing, All other costs and expenses shall be allocated between Seller and Purchaser in accordance with the customary practice for allocation in the Portland Metropolitan Area. 4.4 ,Authority Documents, Purchaser and Seller shall, if'requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. Page 3 - PURCHASE AND SALE AOREEMENT AND JOINT ESCROW INSTRUCTIONS C;tORCC'DOC1TIoARD\Documeeb\Kuhn AuohA/7.wpd(4/27/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 : 48 No . 005 P . 07 4,5. Removal of Personal Property. Seller shall be entitled to remove from the Property the HVAC system, all decorative lighting fixtures, a portable hot tub, and a china hutch from the kitchen area prior to the date possession of the Property is delivered to Purchaser, 4.6. Possession, Seller shall deliver to Purchaser possession of the Property no later than June 30, 1999, Seller may, at Seller's election, continue to occupy the Property after the Closing Date to a date not later than June 301999,pursuant to an Occupancy Agreement in the form attached hereto as Exhibit B. 5. Remedies. 5.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1 or 3.2, then Seller may terminate this Agreement and retain the Earnest Money as Seller's exclusive remedy. 5.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any Ibrther rights or obligations hereunder; or (ii)Purchaser may seek any other rights,resources or remedies(including, without limitation, specific performance) available to Purchaser, such rights, remedies and resources hereunder to be cumulative, and not in exclusion of any other. 6. General Provisions. 6.] Time. TIME IS OF THE ESSENCE of this Agreement. 6,2 Full Authority. Each of the signatories to this Agreement represents and warrants that he/she has the fLll right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 6,3 NAgitiCM-IgAgra0-11niZACIMAh42. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 6.4 Applicable Law, This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 6.5 statutory Disclaims/. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY I5 SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30,930 IN ALL ZONES, BEFORE SIGNING OR Page 4 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS Ce\ORCODOCITIOARD1Doeum•ntelKuhn Pu rob A33,wpd(4t27109) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 , 99 10 : 49 No . 005 P .08 ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 6.6 severability, If any provision of this Agreement shall be held to be void or invalid,the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 6,7 , No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 6,8 Waiver, Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision, 6,9 Assignment, Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser, Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation of hazardous materials which may be located on the Property and for indemnification as provided in this Agreement constitute a material portion of the consideration for entry into the Agreement by Purchaser, Purchaser shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release Purchaser from its obligations hereunder, 6,10 Successors and Assigns, Subject to the provisions of Section 8.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 6,11 Notigc, All notices required or provided under this Agreement,shall be in writing. If mailed, notice shall be deemed effective forty-eight (48)hours after mailing as certified mail, postage prepaid,directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: Page 5 - PURCHASE AND SALE AGREEMENT AND JOIN!' ESCROW INSTRUCTIONS CAORCCIDOC\TIOARDIDucumenta\Kuhn PuruhAs3.wpd(4/27199) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 : 50 No .005 P . 09 If to Seller, to: Mr. and Mrs, Edward and Diane Kuhn 10645 SW Walnut Street Tigard, OR 97223 With a copy to: John T. Gibbon, Attorney 13425 SW 72nd Avenue Tigard, OR 97223 If to Purchaser, to: City of Tigard Attn: William A. Monahan, City Manager 13125 SW Hall Boulevard Tigard, OR 97223 With a copy to: Dominic G. Collette Ramis Crew Corrigan& Bachrach 1727 N.W. Hoyt Street Portland, Oregon 97209 6,12 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement, 6.13 Captions and Headir s, The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 6,14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such holiday. 6.15 Commis ions, Each party warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement, Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller,from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 6,16 ettorreyl' Feel, If a suit, action, or other proceeding of any nature whatsoever(including any proceeding under the Bankruptcy laws of the United States) is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce its terms and provisions,the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. Page 6 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS Ci ORCC\DOCITIGARD\Docum•nt,\Kuhn PurchAs3.wpd(4/27/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 : 50 No . 005 P . 10 6,17 Entire Agreement, This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof, EXECUTED as of the Effective Date, SELLER: PURCHASER: City of Tigard, an Oregon municipal corporation EDWARD T. KUHN By: Print Name: DIANE F. KUHN Title: Duly Authorized Representative ACCEPTANCE BY TITLE COMPANY Ticor Title Insurance Company,by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement, Ticor Title Insurance Company By: Print Name: Its: Page 7 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDOCITIGARDIDooumsnts\Kuhn YurohAO,wpd(4P21/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 , 99 10 :51 No .005 P . 11 EXHIBIT "B" RESIDENTIAL LEASE Date; May 1, 1999 Landlord: City of Tigard, an Oregon municipal corporation Tenant: Edward T. Kuhn and Diane F. Kuhn, husband and wife RECITAL: Landlord Leases to Tenant the following described property (the "Premises"), on the terms and conditions stated below: Dwelling at: 10645 SW Walnut Street Tigard, OR AGREEMENTS: Section 1, Occupancy 1,1 Term, The tenancy covered by this agreement shall commence on the earlier of May 1, 1999, or the date of closing of the sale of the above described Premises by Tenant to Landlord, and will terminate at the earlier of.lune 30, 1999, or the effective date of written notice from Tenant to Landlord that Tenant shall vacate the Premises prior to June 30, 1999, Section 2, Rents, Utilities, and Other Charges 2.1 Basic Rent, Tenant shall pay to Landlord as rent the sum of S-0- per month. 2.2 Additional Rent. Tenant shall pay as additional rent: 2.1.1 The costs of all utilities for the Premises, including electricity, oil heating, natural gas, water, heat,air conditioning, sewage,garbage collection and disposal, and telephone and shall change all such accounts to Tenant's name as of May 1, 1999; and 2.1.2 All additional rent shall be paid as these charges become due. Section 3, Use of the Premises Page 1-RESIDENTIAL LEASE CAORCO.DOCITIOARD\Deauntentel tuhn Residential Lennd2,wpd(4t27/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :51 No .005 P . 12 3.1 permitted UsQ, The Premises shall be used as a dwelling unit and for no other uprose. No persons other than the immediate family of Tenant shall reside on the Premises. 3.2 . Tenant shall maintain no pets on the Premises without the prior written consent of Landlord. 3,3 R►ules and Regions, Tenant shall not permit any acts to be done on the Premises in violation of any law or ordinance, 3,4 Extended Absence. Tenant shall notify Landlord in writing of any anticipated absence In excess of seven days no later than the first day of the extended absence, 3,5 Alterations. Tenant shall not make or permit any alteration to be made on the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant shall be permitted to remove from the Premises the heating, ventilation and air conditioning system, all decorative lighting fixtures, a portable hot tub and a china hutch from the kitchen arca, which are acknowledged to be the personal property of Tenant. 3.6 Restrictions on Use. In connection with the use of the Premises, Tenant shall; 3.6,1 Refrain from any use that would be reasonably offensive to Landlord, other Tenants,or owners or users of adjoining Premises or that would tend to create a nuisance or damage the reputation of the Premises, 3.6.2 Refrain from loading the floors beyond the point considered safe by a competent engineer or architect selected by Landlord, 3.6,3 Refrain from making any marks on or attaching any signs, insignia, antenna, aerial, or other device to the exterior or interior walls,windows, or roof of the Premises without the written consent of Landlord, or that in any way would detract from the general appearance of the Premises. 3.6.4 Refrain from any act by Tenant or by a person within Tenant's control that is outrageous in the extreme, as defined in ORS 90.400(3)(d). Section 4 Repairs and Maintenance 4,l I, ndlord's Resppn ibLties, Landlord shall have no obligation to make any repairs to the Premises during the terms of this Lease. 4.2 Tenant's Responsibilities, Tenant shall maintain the Premises, including the yard, in at lease as good a condition as the Premises were in at the commencement of this Lease, Tenant shall replace all broken glass and light bulbs during the term of the Lease and shall make any repairs PRge 2-RRSIDRNT1At.IRASP. C:1nRCOIXICATIOARI)V)naumenla\KuhnRnilAmnllat1mama wp (4/21/90) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :52 No .005 P . 13 necessitated by the negligence or willful act of Tenant or Tenant's invitees. Tenant agrees to notify Landlord promptly of all required repairs and consents to the entry of Landlord on the Premises as required to make repairs, Tenant shall be responsible fbr testing any smoke detector every six months and shall notify Landlord of any malfunction. Tenant has examined the Premises, accepts them in their conditions as of the commencement of this Lease, and agrees to leave them in the same condition (excepting ordinary wear and tear)at the termination of the Lease, Notwithstanding the foregoing, Tenant shall have the right to remove from the Premises personal property as set forth in Section 3.5 hereof, Section 5. Landlord's Right of Access 5.1 .; ,• • •' �' • = .% 1 - • ' • • I = . Landlord shall,upon obtaining Tenant's prior consent,have the right to enter the dwelling unit or any other portion of the Premises under Tenant's exclusive control to inspect the Premises and to bring onto the Premises agents, representatives and contractors of Landlord necessary or appropriate to permit Landlord to provide for its intended use of the Premises after the termination of this Lease, provided, however, that Landlord shall not unreasonably interfere with the rights of occupation of the Premises by Tenant, and Landlord shall provide not less than twenty four (24) hours prior notice of its intent to conduct such inspections and entries, 5,2 CaiditignsialandlgaRighiatAsautHithaa 5.2.1 Except in case of emergency, agreement to the contrary, or unless it is impractical to do so,Landlord shall give Tenant at least twenty four(24)hours' notice of Landlord's intent to enter the Premises, 5,2,2 Landlord may enter the Premises only at reasonable times, 5.2.3 Landlord may enter the dwelling unit or Premises under Tenant's exclusive control without Tenant's consent in the following circumstances, (1) In case of an emergency; (2) Tenant's absence in excess of seven (7) days if Landlord was not notified as required by this Lease and ORS 90,340; (3) Abandonment or surrender of Premises by Tenant as described in ORS 90,410(3); (4) Pursuant to court order; and Section 6 Insurance Page 3-RESIDENTIAL LEASE 010RCC1n[1C\T1nAun\nocumenGlKuhn Raldcntlel I.eua2.vpd(4ffli99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :52 No .005 P . 14 6.1 Fire and Theft Insurance, Tenant shall not be required to insure the Premises against theft, fire,or other casualty. Tenant shall bear the expense of any insurance insuring the personal property of Tenant on the Premises against such risks but shall not be required to insure, 6.2 Liability Liability.Ingance. Tenant shall procure and maintain during the term of the Lease public liability and property damage insurance with a responsible company with limits of not less than $500,000.00 for injury to one person, $500,000,00 for injury to two or more persons in one occurrence, and $250,000,00 for damage to property. Landlord shall be named as an additional insured on such policy, and Tenant will deliver to landlord a certificate of such insurance. The insurance policy shall include a provision that coverage may not be canceled or modified without a minimum of thirty(30) days advance written notice to Landlord. Section 7 Liability to Third Persons 7,1 Liens. Except with respect to activities for which Landlord is responsible, Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Premises,and shall keep the Premises free from any liens caused by Tenant's failure to meet Tenant's obligations. 7,2 Indemnification, Tenant shall indemnify, defend, and hold Landlord harmless from any claim, loss, or liability arising out of or related to any such activity on the Premises of Tenant, and any person who comes on the Premises at the invitation or with the acquiescence of Tenant, Tenant's duty to indemnify shall not apply to or prevent any claim by Tenant against Landlord for injury or damage to Tenant or Tenant's property for which Landlord may be liable. Section 8 Damage and Destruction in the event the Premises are damaged or destroyed by fire or other casualty, either Landlord or Tenant may terminate the Lease. Section 9 Assignment and Sublease No part of the Premises may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the Premises be conferred on any third person by any other means, without the prior written consent of Landlord. No consent in one instance shall prevent this provision from applying to a subsequent instance, Section 10 Remedies 10.1 basic Remedies, The remedies of Landlord and Tenant for breach of this Lease or of the Residential Landlord and Tenant Act shall be as set forth in ORS 90,100-90,435 and ORS 105,105-105.165 and shall specifically include, but not be limited to, the remedies set forth in the following sections. Page 4-RESIDENTIAL LEASE C:VORCCIDOC171OARP\DuCUmIn:MUCuhr: Twc4,wpd(11/21ro9) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :53 No .005 P . 15 10.2 Landlord's Right to Terminate Lease, 10,2.1 On 24 Hours' Notice. Landlord may immediately terminate the Lease and take possession after 24 hours' written notice if; (I) Tenant, someone in Tenant's control, or Tenant's pet seriously threatens to immediately inflict personal injury,or inflicts any substantial personal injury, upon Landlord or other persons; (2) Tenant, someone in Tenant's control, or Tenant's pet intentionally inflicts any substantial damage to the Premises;(3) Tenant has vacated the Premises, and the person in possession is holding without the written permission of Landlord, and Landlord has not knowingly accepted rent from the person in possession;or(4)Tenant or someone in Tenant's control commits any act that is outrageous in the extreme, An "act outrageous in the extreme" includes, but is not limited to, an act that Tenant or a person in Tenant's control has in fact committed and that results in (1) service of a written notice to Landlord under state statute or local ordinance of drug manuf cturing or delivery, gambling or prostitution activity at the Premises occupied by Tenant; or (2)judgment against the property under ORS chapter 465; or(5)In the event Tenant hits to vacate the Premises and remove the property it is entitled to remove pursuant to Section 3,5 no later than 5:00 P,M, on June 30, 1999, 10.2.2 Keeping a Pet. If Tenant keeps a dog, cat, or other pet capable of causing damage to persons or property on the Premises in violation of the Lease, Landlord may deliver a written notice to Tenant specifying the violation and stating that the Lease will terminate on a.date not less than three (3) days after receipt of'the notice unless Tenant removes the pot from the Premises prior to the date specified, 10.2.3 Qther Breaches. In the cane of any other material noncompliance by Tenant with the terms of the Lease or any noncompliance with ORS 90,325 materially affecting health and safbty,Landlord may deliver a written notice to Tenant specifJing the acts and omissions constituting the breach and that the Lease will terminate on a date not less than three (3) days after receipt of notice if the breach is not remedied, 10,3 Manner of Taking p Rs� ession, In the event of termination of the Lease pursuant to the provisions of this section, Landlord may take possession in the manner provided in ORS 105,105- 105.165 or in any other manner, including voluntary surrender by Tenant, 10,4 / gndoned Property, Property of Tenant left on the Premises atter surrender or abandonment of the Premises or termination of this Lease by any means shall be deemed abandonment and, after proper notice as required by law, shall be disposed of in accordance with ORS 90,425, Section 11 Miscellaneous 11,1 Nonwaiver. Waiver by either party of strict performance of any provision of this Lease, including acceptance by Landlord of late payment of rent, shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provisions. Page 5-RESIDENTIAL LEASE C!\ORCCVX)C1TIOARD1)ocu,nmnu\Rule"Reridaniaf Iwuc2.wpd(//17199) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 ,99 10 :54 No . 005 P . 16 11,2 Aljorpey Feeg ftnd Costs, 11.2.1 No Suit or ActionFiled, If this Lease is placed in the hands of an attorney due to a defkult in the payment or performance of any of its terms, the defaulting party shall pay, Immediately upon demand, the other party's actual fees and expenses together with reasonable attorney fees, even though no suit or action is filed, 11.2.2 Arbitration or Mediation,Trial and Appeal. If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if a suit or action is instituted to enforce or interpret any of the terms of this Lease, or if a suit or action is instituted in a Bankruptcy Court for the United States District Court to enforce or interpret any of the terms of this Lease, or to seek relief in a bankruptcy proceeding, the party not prevailing shall pay the prevailing party's actual fees and expenses, costs and disbursements, fees and expenses of expert witnesses used to determine reasonable attorney fees pursuant to Oregon Rules of Civil Procedure 68, and such sums as the court may determine to be reasonable for the prevailing party's attorney fees connected with the trial and any appeal and by petition for review thereof, in addition,the Court shall award the prevailing party reasonable attorney fees for collecting any resulting judgment. 11.2.3 Definitions. For purposes of this Lease, the term attorney fees includes all charges of the prevailing party's attorneys and their staff(including without limitation legal assistants, paralegals, word processing, and other support personnel) and any postpetition fees in a bankruptcy court, For purposes of this Lease, the term fees and expenses includes but is not limited to all long- distance telephone charges, expenses of facsimile transmission and receipt, postage(including costs of registered or certified mail and return receipts), express mail or parcel delivery, mileage, and all deposition charges, Including but not limited to court reporters' charges, appearance fees, and all costs of transcription, expert witness fees and all of their charges and expenses, costs incurred in searching records, the cost of title reports, litigation reports, foreclosure reports, and surveyor's reports. 11,3 Notices. Any notice required by this Lease shall be delivered to the parties by first class mail or by any service method allowed by Oregon Rules of Civil Procedure 7, 11.4 Success, Subject to the provisions of Section 11, this Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. 11,5 Number,.0 eg d Ca tions, As used herein,the singular shall include the plural, and the plural the singular, The masculine and neuter shall each include the masculine, feminine, and neuter, as the context requires, All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of this Lease agreement. 11.6 Tenant's Acknowjcdgmertt, Tenant hereby acknowledges that Tenant has read and received a copy of this Lease agreement, including any exhibits hereto. Page 6-RESIDENT)AT T,EASIt CAORCCOOOTIOARDIDoaumonulkuluti Reeldentlal Lsaae2.wrod(4f17P99) RAMIS CREW CORRIGAN 503 243 2944 Apr 27 , 99 10 :55 No . 005 P . 17 11.7 prior Agreements. This document is the entire, final, and complete agreement of the parties pertaining to the Lease and supersedes and replaces all written and oral agreements heretofore made or existing by and between the parties or their representatives insofb.r as the Lease or the Leased Premises are concerned (save and except for the application, if any, recited in this Lease). 11.8 11dpdiflcation. No modification of this Lease shall be valid unless in writing and signed by the parties hereto. 11.9 Compliance with Residential Landlord and Tenawnt Act, This Lease is intended to comply with the provisions of the Act, ORS 90.100-90,940, in effect on the date first written above. If a court determines that any provision in the Lease conflicts with the Act, the provisions of'the Act shall control, This Lease shall be deemed to be amended to comply with any statutory changes in the Act if such changes apply retroactively to existing Leases, but not otherwise, The parties have executed this Residential Lease Agreement on the date first written above, which is its effective date. Landlord: CITY OF TIGARD, an Oregon municipal corporation By: Its: Tenant: Edward T. Kuhn Diane F. Kuhn Page 7- RESIDENTIAL LEASE CAORCCOCIClTICIARTADocur„ente\Kuhn Reeidontiar Leasol.wpd(4M7/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 26 ,99 13 : 14 No .012 P .01 RAMIS CREW BACHRACH. LLP FACSIMILE TRANSMISSION COVERSIHEET THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND coNFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THU INDIVIDUAL OR ENTITY NAMED ATTORNEYS AT LAW BRLOW. IF THE READER OF THIS MESSAGE 18 NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE 1727 N.W.Hoyt Strom HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OA THIS 172, w,a,Oregon Strom COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPIIONE AND RETURN THE ORIGINAL DATE: April 26, 1999 CLIENT NO.: 90024-13 TO: William Monahan FAX NO.: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM: Dominic G. Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Property Information COMMENTS: Please call me after your review. 1 PAGB(S)TO FOLLOW,EXCLUDING COVER SHEET. 11?YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT(503)222-4402 IMMEDIATELY, THANK YOU, SIGNED: Sarah Harris [ J AN ORIGINAL IS BEING MAILED (XX 1 AN ORIOINAL.IS AVAILABLE UPON REQUEST RAMIS CREW CORRIGAN 503 243 2944 Apr 26 ,99 13 : 14 No .012 P . 02 04/28 14:36 1988 FROM: 6032432944 P603 TO: 222 PAGE: 2 04/28/99 12:41 FAX 503 684 8971 HONK GIBON ROFL glomi FAX John T. Gibbon, Attorney 13426 SW 72nd Ave. Tigard, OR 97223 . Date y,,2(D -qq ' Number of pages including cover sheet ' • To; -jai Ce//e fig From: Phone za. ..-4445 John T. Gibbon Fax Phone 40.., , ,,e./e f Phone (660033)1688244:80997117 3 . � � CC. r Fax Phone (60803)684)6x4.89710917 . Phone Fax Phone REMARKS: . . ', ' _ --^^ 0 t'lrgent ® For your review ® Reply MAP za Please comment 71.1;5 co rot+mw. .0u)Gail ovlfir Col.. Ptv 449 t cl tev1+s tai 11 G t 45@. i'. co vA r wu0Ac e w'i+k y o wr f a fo s..Q,t • eaC edt.v41044 ' of - 19 -49' s4.J6cieel. to EIJI palm.:0,44 ov% 4-018-49 . • Tkt i+eMs H s#eCl ILA 'the veA EP tbv v'e 1Ja) v4o61elako+ t.,.b 4J1 10.Q_ trew1/4ouQAJ atw+tlr1 a �° 3 r t w i —LL& ve LM o cik 8'1" Al Cg erA:41;Iti off+J t. C ki V►CL n t,‘,+e-IN o Co�e& 'It& 1.‘a.. fifire"- ►�.WX I 10i &'h iesv't -Ehe tht vvi -' oP reimood anio as e V 11462_,, cardia v+.9ct eo+ ca,clailces +Lea scowl st...pporis This facsimile transmission (a/or the documents accompanying it)may contain confidential Information protected by attorneyciient privilege,The information Is intended only for the use of the addressee. If you are not the intended recipient,you are hereby nbtlfled that disclosure,copying or taking action in retlence on the information is prohibited. If this transmission is received In error please notify the sender by phone or FAX to arrange for disposition of the material• 1 ��titia0� lamb ci.t,c ow�aev+c- 01 t Ater, i -t;A,Q,i U Ct re � leAJlii* aidA011 a WA" 1%.aems"}ete L * t �'. C 1�w .resp ite - �sMe.� Pet:leolks SS ,st APR 26 '99 07:25AM RAMIS CREW CORRIGAN P.1 RAMIS CREW CORRIGAN & BACHRACH, UP FACSIMILE TRANSMISSION COVERSHEET THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION, INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ATTORNEYS AT LAW BELOW. IF TIE READER OP THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE Hoyt Street HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS 1727 N.W. COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION Portland,Oregon 97209 IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL DATE: April 26, 1999 CLIENT NO.: 90024-13 TO: William Monahan FAX NO.: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM: Dominic G. Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Property Information COMMENTS: Please call me after your review. 6 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 'IIVIlVSEDIATELY. THANK YOU, • SIGNED: Sarah Harris [ 1 AN ORIGINAL IS BEING MAILED [20C] AN ORIGINAL IS AVAILABLE UPON REQUEST 04/23 APR 26 '99 07:25Ar1 RAMIS CREW CORRIGAIYI TO: 222 PAGE: 1 P.2 ' 04/23/99 10:14 FAX 503 684 8971 SRONK GIBON NOEL lil001 . John T. Gibbon, Attorney 13426 SW 72nd Ave. • Tigard, OR 97223 Date /-/-073 - 9T . Number of pages including cover sheet / . • To: flo , Pei./ From: Phone 2a - /'/o .. John T. Gibbon Fax Phone �y _ �y Phone (503)824.0917 i CC: Fax Phone (503)684-8971 Phone Fax Phone ' REMARKS: _- - ID L)rgelit ' 0 For your review $ Reply ASAP 'l j Please comrnern Ce,u.* - l ?igs4244.2t t hz discodery W a.T/!fie i e Wed- es-->7 Au/ •e/ehz's I r,J///`p"ass /?a7 • t ea.,ly stet ceE' deoSi 010 .i4.15 '��!" S'e�cf/r},77 • a,,, P v,/ �, /7 as /.tee c�scuae.sgc Gi o eH -64z "a 44 a C' 41-La 47.1614,416 .4 s fa-sid ,mac * w4i di ' l,�#- juv _ c�,r en � cow^ �' Pfrt.disi'm -it/'s GJ6upLgQc-/-6erptFaexis.eas.eliia.c ye.-wir• clle.sti -i- AY- ...t. ez d a e 4 e. A 0.t. / 5 aii-h tilam444404- � r arcniss S -i-it . 4.4.4id& rkgSS eln-t!e J ' // n i rAi cc-10,4216d D4t5 AivIckLetv This facsimile transmission (S/or the documents accompanying it)may contain confidential information protected by j attorney-client privilege. The information is intended only for the use of the addressee. If you are not the Intended , recipient,you are hereby nbtified that disclosure,copying or taking action in reliance on the information is prohibited. If this transmission is received in error please notify the sender by phone or FAX to arrange for disposition of the :221.4-itz de t' n r el - le, -eke creedoatd" I -to cz.ssci.r •&44itii 7c/ieids aM-,t apt Al C A'' S kel,v�'ink t"', /ihr/er' Ite 46.5 -4he 10,0 said?a, V GGBtty l2 c par-Hes eS /d2 - iiIS Z fleetsQ c{l - je 0.•5 4.14)44// S p edsietaif ei-flre C/' ea`l 3 04123 APR.26 '99. 07:27RM. RAMIS CREW CORRIG 9 T0: 222 PAGE: 1P.4 A!?R.23.1999 10:24AM TICOR TITLE TUALATIN NO.517 P.1 gli TICOR TITLE INSURANCE "At TICOR we measure our effectiveness in terms FAX TRANSMITTAL of our customers'swipes?' TIME COMPANY NAME _..,_.L../ .....,.4 ATYENno mem INCLUDING COVER SHEET -------------- FAX NUMBER 11 . MESS. Es , 4 ,- /_019_Ii' .frRi. .tej/ . ... . . `r.- ...1.•••1 �,. /1.0! _.. _,.• , The materials enclosed with this facsimile transmission are private.and confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s)or entity(ies) named above. If you are not the Intended recipient, be advised that any unauthorized disclosure, copying,distribution or the taking of any action in reliance en the contents of this information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us. If you have any questions, please call or return Fax to the number below. i T1coR REPREE.4;1 ".aie.del. ,-- - / . Tualatin Office 8100 S.W.Nyberg Rd.,Suite 107 Tslatin,Oregon 970624436 . Ph;(503)219.1134 Fax:(503)692-6529 rrnogl W1¶P , 04/23 APR, 26 '99. 07:27AM RAMIS CREW CORRIGAi9 TO: 222 PAGE; 2 P.5 rRPR.23.1999 10:24AM TICOR TITLE TUALATIN NO.517 P.2 TICOR TITLE INSURANCE PRELIMilsTARY REPORT #W690351-TM Re; KUHN %a CITY OF TIGARD 10645 SW WALNUT STREET TIGARD, OREGON 97224 JEANNE P. AYALA, CEO - 219-1130 TICOR TITLE rNSURANCE COMPANY R 100 SW NYBERGr RD STE 107 TUALATIN OR 97062 ******* Questions concerning the closing of this transaction should be directed to your Escrow Officer, JEANNE AYALA, at 219-1130 (FAX 692-6529), ******* We are prepared to issue our ALTA 1992 Title Insurance Policy(ies) as follows: Proposed Policy and Liability: ALTA Standard Owner's: S 230,000.00 Prem. S 775.00 Lien Search Fee/Government Service Charge: $20.00 Per'Tax Lot Our title insurance policy(ies) vAll insure title to the land described as follows: Lot 6, COTTONWOOD PLACE, in the City of Oregon City, County of Clackamas and State of Oregon. EXCEPTING THEREFROM that portion conveyed for road purposes, by deed recorded July 10, 1975 in Book 1033, Page 88. ------ Vestee: EDWARD T. KUHN AND DIANE F. KU/IN, as tenants by the entirety Dated as of April 14, 1999 at 800 a,m. Subject to the exceptions, exclusions, conditions and stipulations which are part of said policy, and to exceptions as shown herein. TICOR TITLE INSURANCE By: Tom McColloch, Senior Title Officer AA/set 04/23 APR 26 '99 07;27AM RAMIS CREW CORRIGAN29 TO; 222 PAGE: 3P.6 :APR,23.1999 ler25AM TICOR TITLE TUALATIN N0.517 P.3 J TICOR TITLE INSURANCE Report No. W690351 TM Schedule B of the policy(ies) to'be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS 1, a. Taxes or assessments which are not shown as eldsting liens by the records of any touting authority that levies taxes of assesstneota on real property or by the public records. b, proceedings by a pubic agency wltfch may result is taxes er assessmen s,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2 a. Easements,liens,anotnnbrances, interests or claims thereof which are not shown by the public records. b. Any facts,rights, Interests or claims which are not shown by the public records bort which could be ascertained by as Inspection of the land or by making inquiry of persons iri possession thereof. 3. Discrepancies, conflicts in bogy lines,shortage in area, encr+aachume ds, or any other facts which a correct survey would disclose,and which are not shown by the public records. 4. a. Unpatented whining dams; b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; a. Water rights, claims or title to water whether or not the Miners excepted under(a), (b), or(c) are shown by the public records. S. Any lien or right to alice, for services, labor or materials heretoibre or hereafter tlsrotshed imposed by law sad not shown by the public records. SPECIAL EXCEPTIONS NOTE: 1998-99 taxes $1,678.45; paid. Tax Acct. No. R469601,1S13AA-01903, Code 023.78 END OF REPORT 2 APR 26 '99 87:.28AM RAMIS CREW CORRIGANg 04123. '• ° . . . TO: 222 PAGE: 4 p,7 '.,APR.23.1999 /0:25AM •TICOR TITLE TUALATIN N0.517 P,d ;, " The sketch below Is made solely for the purpose of assisting in locating said premises and • the company assumes no liability for variations, if any. in dimensions and location , ascertained by actual survey. Pi - TICOR TITLE INSURANCE 1 • � o , .n 4, S s�o o N •, S.W.SW : /•O � �.-Z500 ,- 4eae g 1' i 1:6 i? Oh_ el t slil �i'Ji00 �YpSDAI, P i B �c W.. _S 3' s_. os . n :P/900sessool S• 6�.aB4300Nat U , ' 3 +`1 t3500 �, a' A 14- ''- �.-.1 • . 42 `' 600 ^ s ' , 0 1 �4WD R - 4100 %0.o N�_o5- -5 141 4 S a, 3400 ` ^ —S 8800 a 700 a d 1 22 21 w v- • ao w 17 v b0 at - - , - --.,- .- - .- NBsdar- a0 NH'81'E co i 1906 a 1907 1910 s 1911 6 ' -r —r ; `7j 9 1 10 _ a = N N 163.6 I 165.74 •- Ir� J ii,ir 1905 °N t 1908-13 x Q 1_ 1 9 J a+ ��'�s`8 _' .il - ,; :Li p Si� $ S.W. JOHNSON %; iii 11 q J .. g ` ,� i?56 8 , 16S,Ta $ 1,.'.:. 0. • g✓'0�. N 1904 lW 1909 ; 1916 1915 1914 !ssk 11 I i ''' P !.„1 a ��, A 3 C . _ 11 12 tD :; -s N N 7 19',79 0 �,3_74 R ,% .. 1903 1902 7 1901 y i, , e�o�+ 13 0 . :NI40 1917 !1 ,�/ 8 0 � • m4 1900 Ire- ... it. --------7h6•98 N Ste - &i ."-,, :a,,00 , $ COINER ro,�!_ d a s 1 pIl�6A ! (ffi 0 S INITrn6 p0{�IT ." )-;•,;', 1; i0� ��.� o - .,'coT70Mwo0Q Place p,„,90., 175."5 W A !�f u 1 N *' 1001 VI .15II6 " IV: ' N ' 0 = T PURPOSES ONLY Fi. I 40 DO NO RELY ON FOR ANY OTHER USE 1 '; 1 !1B9° Im'E 150. 5' i. ..6..", t RAMIS CREW CORRIGAN 503 243 2944 Apr 22 ,99 13 :30 No .007 P .01 RAMIS CREW CORRIGAN & BACHRACH. LLP FACSIMILE TRANSMISSION COVERSHEET THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ATI'ORNBYS AT LAW BELOW. IP THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE C R AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS 1727 N.W.Hoyt Street 72e COMMUNIC/TION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION Portland,Oregon oyt IN ERROR.P,.EASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL DATE: April 22, 1999 CLIENT NO.: 90024.13 TO: William Monahan FAX NO.: 684-7297 TELEPHONE NUMBER,: 639-4171 FROM: Dominic G. Collctta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Property and Hammond Property COMMENTS: For your review, /2 PAGE(S)TO FOLLOW, EXCLUC TNG COVER SHEET. IIS YOU DO NOT RECEIVE ALL THE PAGES,PLEASE CALL THE UNDERSIGNED AT(503)222-4402 IMMEDIATELY, THANK YOU. SIGNED: Sarah Harris [ ] AN ORIGINAL IS BEING MAIL ED [XX] AN ORIGINAL IS AVAILABLE UPON REQUEST i RAMIS CREW CORRIGAN 503 243 2944 Apr 22 ,99 13 :31 No .007 F .02 RAMIE/ CRIVIV CORRIGAN fe ' * * April 22, 1999 ATTORNEYS AT LAW 1727 N,w,Hoyt Street BY FACSIMILE Portland,Oregon 97209 (503)222-4402 Pax;(503)243.2944 Wi Ham A. Monahan Cit Manager Cit of Tigard 13)25 SW Hall Boulevard J111414 H.BACHI ACH Tig rd, OR 97223 MARK I.,BUSCH D.DANIEL CHANDLER++ ? Kuhn Property CI(ARLES E.CORRIOAN' STEPHEN P.CREW MARTIN C.DOLAN r Bill: OARY FIRESTONE' WILLIAM E.OMR' End losed with this letter please find a facsimile transmitted to our office DAVID H.OWOOS Ap,it 21 from John Gibbon,the attorney for Mr. and Mrs. Kuhn. The 0,PRANK HAMMOND' foil.wing are my comments with regard to Mr. Gibbon's proposed ALLISON P.HRNSNY+ Kl?LLY M.MANN rev sions; T.CHAD PLASTER' TIMOTHY V.RAMIE/ 1. The change to recital A is acceptable. WILLIAM J.STALNAKnR BARTON J.WACHSTB'I'BR 2, The change to recital B may be acceptable, although I do not like the eference to a settlement of potential claims regarding taking of the pro'erty, etc, JAM.E M.COLEMAN DOMINIC O.COLLE`1'1'A" 3. We had previously agreed upon use of Ticor Title in Tualatin; so OP COUNBBL this provision is acceptable. 4. I do not agree with the proposed change in section 2.3. Although SOUTHWEST we have indicated a willingness to provide earnest money, 1 do not see why WASHINGTON OFFICE we would want to make a distribution of the earnest money to Seller prior Phut Independent Please to c losing. 1220 Main Street,Suite 451 Vartoeuver,w.ahInttnn 5. Because of the short escrow period, and because we have reviewed 96660.2964 the title to the property already,we can probably delete references to title (360)499-7287 objections entirely from the contract, If we agree to do so,there is no need Pa;(360)699.7221 for insertion of the$170,000 number, or inclusion of the other language that Mr. Gibbon proposes for section 3,1,2. •Alsu1AdmIned To Prautlee In Washington "Also Admitted Tu Practloe In Califurnla ++Also Admitted Te Practice In Washineen and Montana +Also Admitted to Practice In Alssta R'AMIS CREW CORRIGAN 503 243 2944 Apr 22 ,99 13 : 31 No . 007 P . 03 RAMIS CREW CORRl 1AN & uACHRACH. LLP William A, Monahan January 12, 1999 Page 2 6, With regard to sectio 1 5,5, the Kuhns are requesting the right to remove fencing, decking and interior doors from the p operty, This is a business matter. As to the balance of the comments of Mr. Gibbon, II ould urge the City not to engage in a "salvage" dialogue with regard to building materials, as this ould create a variety of problems. 7. With regard to Section 5,3, I have no problem in adding the first clause requested by Mr. Gibbon,. However, if the trai saction is exempt from transfer tax, there is no reason to recite that in the contract. Exemption is obtained by filling out and filing an exemption form, which can be done through escrow. The a cemption form, and not the contract, provides the exemption. 8. 1 do not agree with Mr, Gibbon's proposed change to Section 7.9. We aro specifically granting to the Kuhns certain rights, including occupation of the property and the right to remove certain items. We do not wa t the Kuhns to delegate any rights or obligations to any other parties. Accordingly, we nec to have the unfettered discretion to turn down any such request, 9. I have no problem adi ing the requested language to Section 7,1,1 regarding delivery of notices. 10, With regard to the leelse agreement, I agree that 1 can strike from Section 11,1 the reference to acceptance of la1 a payment of rent. Clearly we have no rent payable. Also, if the City agrees to allow the remc val of additional items of property from the premises, it would be appropriate to amend the!ewe to reflect the additional items. Please let me know your thot ghts on these matters. Very tru yours, 1 ',1e /---- 1 • lc G, Collette DGC/slh Enclosure C:WRCOMOT10ARD1CoReepondenoo plan Rev 1.1x,v11 RPMIS CREW CORRIGAN 503 243 2944 Apr 22 ,99 13 :32 No .007 P .04 04/21x13:36 1009 FROM: 16032432044 P603 TO: 222 PA3E: 2 04/21/08 1] :34 FAX 503. 884 8871 BHONK C1BON HOEL 0001 FAX John T. Gibbon,Attorney 13425 SW 72nd Ave, Tigard, OR 97223 y ` � � Date - Number of pages IneludiN cover sheet To: Udm Cc i f e+-et From. Phone a a a• 41410 John T. Gibbon Fax Phone 241/' -y'Z, / Phone (664E424.0917 CC: Fax Phone (503)884.8971 Phone Fax Phone REMARKS: : : ::.. '.. IJrgeht p For your review p Reply ASAP SCI Please comment Lm s...b vepo£Q4 c *.'& ,0 icLc.lkett.Q ' ServKt .t eX+• Pte. �.s' fv1.4esssc v • T re tm-ii fre olV is eel e) 4 Q.710% ) 4 vJ I+k c givekAA1 Qs:+i owes Covh lot ow o f a s-+ve.Sg +6 /01.4-4" c I t * c ti r d+ - , tk L, .�a g vr~.a )v t IMS ss c I � ~_kk. Qs } off' bo+h ox+ees. �CK S Qf t'01r {ki 4dgrA r Q,Q,• Phase. 0,424e re#44A 'a 16114 w"t 1A4 -t.k o Lit 11ec,tie Lakie3k t tZi cell i k taS4k 1A3 C s KV)6 f ex � C 014. pleas�e u..) q rn, S N4 Tr.. • This facsimile transmission (&For a documents accompanying it)may contain confidential Information protected Ipy attorney-client privilege.The Inforr anon is Intended only for the use of the addressee. If you are not the Intended recipient,you are hereby nbtified ti et disclosure,copying or taking action in reliance on the Information la prohibited. If Ns trsnsmission 18 received in a ror please notify the sender by phone or FAX to arrange'for disposition of the material. SP. . v 0 %er t +b 7174 l e. Ce) ct.1 p&eX y 0-14 i , / re tatifrecn9ve Iw4ti& 7 Yerov+, R'AMIS CREW CORRIGAN 503 243 2944 Apr 22 , 99 13 : 33 No . 007 P .05 04/21 13:35 1999 FROM: 16032432944 P503 TO: 222 PAGE: 3 , 04/21/90 11:34 FAX 603} 884 8971 $IIONK CIBON EOM rani kite - I *Pi/y9 Ate!� },� Ra��sfzc� � wu+�c�..w�sw1's a�wc� 0'y►S tb . o ' r f✓�a.�r.Q Do.ed Y1 1a-J4t i+G. .S 1'c. •'4 6 ; 1<e. re.Pe v Q. ice *t t1(140; 1.44 A •AL,mcr;told as Le 4. C+ Celt"wot 14 ee. reo reset StAk1avk ;lot 4141%' Co J ► ,� v-h„ C s c+ +o 774-le Co. . to ac Q 410, vic;�„ . tee. pvefudr+ti,► �fi i ► ��Qv � aXe SaiQ t pr k,i e; f. r i c6.wce, rt PkwuKci ctt s i v t8 ' 't D pt.UV eAk civve tII�.R. ftebrv+1# 7 pvS i IA Ovhl +O rA i t P et �.Q tte.. c+1.1 V►vettliAt G 0.10. ofV.�l Vrl1 ;,`,a.•k. ).): , S+tP. &AAA Salo cLc 11Yt. 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Gibbon Fax Phone 1• 418 - 13‘ ; ‘ Phone (603)6244817 CC: ,.. ` _ ' - _ Fax Phone 03)6114-8971 Phone za.2.• si‘i.•2 Fax Phone 4,103- a9 7 REMARKS . , . _ 0 Urgeht pg For your review X Reply ASAP ja Please comment C co‘4.A11•4 • P1e�$4 C©kti% m t - t i-oltoLo 0.44 , 1 4c&1 raleill ire 91 ethS —LEAR_ . L4)64tk:i k.stoy, 0%.4.4%.i- cotk te eta,jeCA+, t Iia„ ft a444Se J *.CLX) 4� a I a 'pec+s 0.,1 piatkt&se CUA.a4ag v e..e.w. wee.K c l;elks c -t4 a, C ;+), op I cur . PI/ reasev, sP %tom 3t evs c-&ws as ck. .toVeVY .rrwk 4.tf igetokati tit.% tro.v b ac+'CM 16 exeWt ft Prom uta 06,s1ru 1+ox Co$.4.415 TOO.►4irle.e T0.)( . .i h 0..e coVaaA.ce. w A* ` ern Iv1K1 st 09 Sec-14mA 3,0q0. 0 306.)} 8 . •14)CC.' -MAs 'AVAIL LodMi 10e ;tAcit,A. 1_ 11 +lout Gov..*ro.e. �L_, This facsimile transmission( &Jor the d)cuments accompanying it)may contain confidential Info motion protected by attorney-client privilege. The informatio 1 is intended only for the use of the addressee, If you ore not the intended recipient, you ere hereby nbtifled that d sclosure,copying or taking action In reliance on the information la prohibited. if this transmission Is received In error please notiy the sender by phone or FAX to arrange for disposition of the material, , . APR 26 '99 07:2BPM RAMIS CREW CORRIGAr¢1 TO: 222 PAGE: 1P.3 04/23 , 04/23/89 16:10 FAX 503 684 8971 SHONK GlBON KOEL V4001 FAX T. Gibbon,Attorney 13425 SW 72nd Ave. . Tigard, OR 97223 • Date -r? 3 - 41 . Number of pages Including cover sheet / ' To: amyl. Ced/ #4. From: Phone ;Zaa_gild a. John T. Gibbon Fax Phone ,2,01,. .. O9 Of/ Phone ' (503)624-0917 CC: Fax Phone 1503)684-8971 Phone ' Fax Phone ' REM—RK-5 , - _ .. ❑ Urgent 151. For your review ra Reply ASAP s Please comment 1T1.4.;5 c.ax P Ne i4 t 15 a s;iota/LE, AlSdikria PUIX+ .--w"as* p e- .8, 1cf . is Q.ccek - . FeVeJQJ.i.? C (1 a W[S. 1-14.24 - t V .L c..11'1'i otii J i-}we,M s art, U ear ,, O r+g -ta -��.a�n/1 e....v a:X Pe. *ALT � � C' tl.►� s� ice s- a ko10.x- -�a 4a.vt -to CoCau.AC;1 r< ear , Ptee t conPtrb4 i P 11 4- ;s �ss, 7- "x+ �cUn n t,t.�SS c..1.064 .ft ; t to + u.>€_. st•tbaa - , 4�o�� -tom t 5t114-, .P>✓rt"gis 61 ass# as 1♦cla. ta.) Ick, L.3; 11 ' _ 4 G This facsimile transmission ( &/or the dOcuments accompany; g it)may contain confidential information protected by attorney-client privilege.The information is intended only for the use of the addressee. if you are not the intended recipient,you are hereby nbtified that disclosure,copying or taking action in reliance on the information is prohibited. If this transmission is received in error please notify the sender by phone or FAX to arrange for disposition of the material. nn AuY �s� a� t�.•ofe_ -046,,4-..' i P1t& Alai*, c rfri uev.'s&v.ry s tA)e, ke4,13e 11211a v. .Per ri we to tk HU A C. ,sit stern, c,„At r i i tieve move c�torrec�'I ) stJ ec.+ to vetrinto. w i` i ELLA � i4 is 1-�., cav-v- catota+ia t i a-��t cl eu$J 111%r Ism -L1401 iS e P u.se. -ta +kruw. _ .RIGAN 503 243 2944 Apr 19 ,99 16 :06 No .013 P .01 mommimmiminnewiNEINE RAMIS CREW VO1IGAN £� BACHR CH, LLP F CSIMILE TRANSMISSION COVERSHEET THIS COMP UNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATI N INTENDED ONLY FOR THB USE OF THE INDIVIDUAL OR ENTITY NAMED ATI'ORNEYS AT LAW BELOW. I THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE R AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE 1727 N.W. Hoyt Street HEREBY N TIMED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS 1727and,OraQyt S reef COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,I LEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THB ORIGINAL DATE; April 19, 1999 CLIENT NO,: 90024-13 TO: William Monahan FAX NO,: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM: Dominic G. Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Purchase and Sale Agreement COMMENTS: For your review, 17 PAGE(S) TO FOLLOW, EXCL ING COVER SHEET, 1F YOU DO NOT RECEIVE ALL 0 THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY. THANK YOU. SIGNED: Sarah Harris J AN ORIGINAL IS BEING MAIL Jr) [XX] AN ORIGINAL IS AVAILABLE UPON REQUEST RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 :06 No .013 P .02 RAMIS CRAW CORRIGAN & BACHRACH, LLP, April 19, 1999 ATTORNEYS AT LAW 1727 KW,Hoyt Street BY FACSIMILE Purtlend,Oregon 97209 (503)2224402 Jo n T. Gibbon Fat: (503)243-2944 Sh nkwiler-Hoelscher-Gibbon 13 25 SW 72nd Avenue Tigard, OR 97223 JBPA Ii.BACIIRACH RE1 KUHN/CITY OF TIGARD MARK L.BUSCH D.DANIEL,CHANDLER++ Dear John: CHARLES H.CORRICAN' $TBPIIIIN I.CREW In confirmation of our telephone conversation and my earlier MAR'T'IN C.I OI.AN correspondence to you, enclosed with this letter please find a revised GARY FIRESTONE' Pul chase and Sale Agreement and Joint Escrow Instructions showing, on aWILI.IAM E.CMR' pa!e 5,the changes agreed to last week, and, as Exhibit B, a Residential DAviA II.0E1009 Lease by which your clients may occupy the property from the date of A.FRANK P. H N8 i+ clo ins until a date not later than June 30, 1999. ALLISON P.NBNSBY+ V. RAMIS TCHAT)PLASTER' TIMOTHYVV. AM1Pie se be advised that the enclosed lease has not been reviewed by my WILLIAM).5TALNAXBR cli nt, and 1 therefore reserve the right to make further changes if required. BARTON J.WACHSTRTBR Pie se review the enclosed documents at your earliest opportunity and cm tact me with your questions and comments. I look forward to working wit I you to close this transaction by the end of this month. JAMBS M.COLEMAN Very truly yours, DOMINIC O.COLLBTTA" OP COUNSEL i � fi °/14/d6 Dominic G. Collette SOUTHWEST DC�:/81h WASHINGTON OFFICE Firs Independent Piave 1220 Main Street,Suite 451 En losures Vancouver,Washington 98660.2964 cc: Bill Monahan(w/encl.) Gus Duenas(w/encs.) (36l 699-7287 Fax:(360)699.7221 CA(RCCIDOCITlOARDICortcapondencelKuhn Dec.Ltr.vyd sAlsc Admitted To Practice In Washington ''Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montana +Also Admitted to Practice in Alaska RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 :07 No .013 P . 03 Ji URCHASE AND SALE AGREEMENT ArID JOINT ESCROW INST] JJCTIONS THIS PURCHASE 4ND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement")is entered into'as of , 1999 (the "Effective Date"), between EDWARD KUHN and DIANE KUHN llectively"Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser"). RECITALS A, Seller is the o er of real property commonly described as 10645 SW Walnut Street, Tigard,Washington County, regon, and more particularly described in Exhibit "A" attached hereto and incorporated herein by r ference(the "Property"). B. Purchaser des res to purchase the Property from Seller, and Seller desires to sell the Property to Purchaser. C. It is the intent on ofthe parties to set forth in this Agreement the terms and conditions of the sale and purchase oftl e Property, D, These recitals re contractual in nature and shall be construed to give MI effect to the provisions of this Agreement, AGJEEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1, Purchase Price, The purchase price (the "Purchase Price")to be paid by Purchaser to Seller for the Property is TWORED THIRTY THOUSAND DOLLARS ($230,000,00 ), The Purchase Price shall be payabl in cash or other readily available funds through escrow at the Closing (as that term is defined bolo ), It is acknowledged and agreed that the Purchase Price includes compensation for relocation benefits and any other claims and benefits to which Seller may be otherwise entitled as a result )f the acquisition of the Property by Purchaser. 2, Escrow, 2,1 Far Upon execution of this Agreement, the parties shall deliver a copy of this fully executed greement to. the"Escrow Agent"), Seller and Purchaser hereby authorize Escrow Agent to take necessary ste s for the closing of this transaction pursuant to the terms of this Agreement, Further, Seller an Purchaser hereby authorize their respective attorneys to execute and deliver into escrow any additi nal instructions consistent with this Agreement as may be necessary or convenient to implement tl c terms of this Agreement and to close this transaction. I Page 1 - PURCHASE AND SALE ACRE MENT AND JOINT ESCROW INSTRUCTIONS CAORCC\DOCITIOAXD1Deeum.n1WXuhn PurohAs2,wpd(4l15/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 :07 No .013 P .04 2.2. earnest Money, Within ten(10)days of the opening of escrow as provided below, Purchaser shall deposit with the Escrow Agent earnest money in the amount of ELEVEN THOUSAND FIVE HUND ID DOLLARS($11,500.00)(the"Earnest Money")to be held, applied and distributed as provided this Agreement, 2,3 Ca, - = '•, 4 i -,• . . 0._.. In the event this Agreement is terminated because of the non-satisf' ct on of any condition set forth in Section 3 of this instrument, or in the event this Agreement is tenni ated because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent hall be borne by Purchaser, In the event this Agreement is terminated because of Seller's default, e cancellation charges required to bo paid to Escrow Agent shall be borne by Seller. 3. • ,•' '• .• -, • r= • • •. . 'e, • a Purchaser's obligation to close the transaction describe( in this Agreement is expressly contingent on satisfaction or waiver by Purchaser of all of the folio ing conditions precedent: 3,1 8p. . • 3.1 1 Preliminary Title Reprt. Within five(5)days of the effective date of this Agreement, Purchaser, at Purchaser's expense, shall obtain a Preliminary Title Report issued by the Escrow Agent, a scribing the Property,listing the Purchaser or the Purchaser's designee as the prospective named ins red, and showing as the policy amount the total Purchase Price. The Escrow Agent shall also del ver to Purchaser copies of any financing statements filed against the Property and true, correct an. legible copies of all instruments referred to in such Preliminary Title Report as conditions or exce a tions to title to the Property, including liens. 3,1 2 Title Objections 3.1.2.1 Notice to Seller. In the event the Preliminary Title Report should show any exce tions other than the Permitted Exceptions (defined below),Purchaser shall deliver to Seller written n'lice of disapproval of exceptions within ten(10)days of Purchaser's receipt of the Preliminary Tit1 Report. Failure of Purchaser to disapprove of any exception within such time shall be deemed an approval, 3.1.2.2 Seller's Removal of Exceptions, In the event Purchaser shall disapprove any exceptio s to title, Seller, within five(5)days of written notice of disapproval by Purchaser, notify Purcha er in writing of those disapproved exceptions that Seller agrees to remove, or will not remove, F nor to the Closing. 3.1.2.3 Purchaser's Remedies, In the event Purchaser does not approve all title exceptions ar d Seller is unable or unwilling to remove the disapproved exceptions prior to Closing, the Purchas r may, in Purchaser's solo discretion, (i) suspend performance of its obligations under this Agree ent at no cost to Purchaser and extend the Closing Date until the exceptions Seller has notified Purchaser will be removed have been removed; or(ii) terminate this Agreement, in which event all t le rights and obligations of the parties under this Agreement shall be Page 2 - PURCHASE AND SALE AORB MENT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDOC1T1OARDIDocu,nai,,XKuhn PurchAs2.wpd(4/15/99) . RRMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 :08 No .013 P .05 null and void;or(iii)agree to lose this transaction subject to all unremoved exceptions. In no event shall Seller be required to r move or to reimburse Purchaser for the removal of any lien or other exception to title created by urchaser's activities with respect to the Property. 3.1.3 Permitted.Exceptiona. As used herein, the term "Permitted Exceptions" means: 3,1,3.1 The standard printed exceptions contained in the Preliminary Title Report of only zoning ordinances,building and use restrictions, reservations and federal patents, and utility easements of recd. 3.1.3,2 The standard printed exception for encroachments, overlaps, boundary line disputes, an any matters which would be disclosed by an accurate survey and inspection of the premises to the extent allowed by applicable rules and regulations unless Purchaser obtains a survey of the Property,at its sole expense, and Purchaser obtains the right to object to any exceptions that would be disclosed by an accurate survey. 3.1.3.3. The standard exception as to the lien for taxes, limited to the period during which Closing is scheduled to occur for which said taxes are not yet due and payable. 3.1,3.4 Any exception contained in the Preliminary Title Report that has been approved by Purchaser, 3.1.3.5 Any lien or encumbrance created by Purchaser, including any ftom Purchaser to Seller, 3.2 Failre_of Conditions Precedent. In the event of a failure of any condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement pursuant to Sections 3,1, the escrow and the rights and obligations of Purchaser and Seller under this Agreement shall terminate, nd the Earnest Money deposit by Purchaser shall be returned to Purchaser by Escrow Agent, ass any cancellation charges described in Section 2.3. 4. Seller's Werra 4,1 M.a keta)le Title. Seller warrants that,at the time of Closing, that no work, labor or materials have been expended,bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow. 4.2 L'at7r 'i '•• '• 1. Seller warrants that as of the close of escrow there will be no rental agreements, ntracts,leases or other agreements affecting the use or occupancy of the Property, 4.3 Alar•• • . Seller warrants that it has the authority to execute this Agreement,to enter into the a crow contemplated herein, to perform all of its obligations hereunder, Page 3 - PURCHASE AND SALE AOREIIMIINT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDOCITIOARDIDc currents Xuhn Pur hAp2.wpd(4/15/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 :08 No .013 P .06 I x ti I this Agreement on behalf of Seller has been full authorized by and that the party a ecu Ag Y appropriate resolution to bin' Seller to the terms and provisions hereof, 4.4 No,Option otRieht ofFirst Refusal to cquirc Premises. Seller represents that no person or entity has ary right of first refusal or option to acquire any interest in the property or any part thereof. 1 4.5 En'jtpnmental Warranty, Seller has no knowledge of any existing or pending claim or of any fgc s or circumstances that may give rise to any future civil, criminal or administrative proceedings gainst Seller relating to hazardous materials. To the best of Seller's knowledge no hazardous aterials have been discharged upon, brought upon or stored on the Property in violation of appli able law or regulations, As used herein"hazardous materials"means any substance the presence c r discharge of which is regulated by any federal, state or local law or relating to the protection of ti a environment or public health, 5, Closing. 5,1 Cic+�Date. The closing(the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before May 1, 1999 (the date of the Closing being he "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this greement are executed and delivered, and the Purchase Price is paid through escrow to Seller as rovided in this Agreement. 5,2 Del • . . ' , . In connection with the Closing,the following shall occur,and the performan e or tender of performance of all matters set forth in this Section 5,2 shall be mutually concurrent onditions: 5.2 1 seller's Deliveries, On or before the Closing Date, Seller, at Purchaser's cost and expense shall deliver the following into escrow: (i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, con eying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exc ptions; (ii) An ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions;provided that Purchaser shall have the right to order an ALTA extended coverage owner's policy, Seller shall be responsible for and pay the premium for the standard ALTA owner's poi cy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's ptlicy,together with all related expenses, (ii)Certificate executed and sworn to by Seller(a) confirming Seller's United States taxpayer ident fication number and (b) stating that Seller is not a "foreign person" within the meaning of Sectior 1445 of the internal Revenue Code of the United States of America of 1966 and otherwise in corn liance with §1,1445-2T of the regulations promulgated thereunder, Page 4 - PURCHASE AND SALE AORE MENT AND JOINT ESCROW INSTRUCTIONS CAORCCIDOCITIOARD1Deeumantauhn PutchAst,wpd(4/1 S/94) RAMIIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 :09 No .013 P .07 5.x,2 purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the P rchase Price into escrow, 5.3 +<1•;•• • • • • . •+., Seller and Purchaser shall each pay one-half of all escrow fees, Purchaser s all pay the cost of recording the Deed, and Seller shall pay the cost of an ALTA standard coverag owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an A .TA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended verage, together with all other attendant costs for such extended coverage. Seller shall pay ashington County transfer taxes. Ad valorem and similar taxes and assessments relating to the Pr perty shall be prorated between Seller and Purchaser as of the Closing Date, Seller being charged aid credited for the same up to such date and Purchaser being charged and credited for the same on nd after such date, Tithe actual amounts to be prorated are not known at the Closing Date, the pr• •ations shall be computed on the basis of the evidence then available; when actual figures are avails le a cash settlement shall be made between Seller and Purchaser. Tho provisions of this Section 5.. shall survive the Closing. 5.4 Au ••• a• I,_JI , Purchaser and Seller shall, if requested by the other party or the Escrow Agent, rnish satisfactory evidence of their authority to consummate the sale and purchase contemplated t y this Agreement. 5.5. Rm.• : • • = • u. • • . Seller shall be entitled to remove from the Property the HVAC system and all decorative lighting fixtures prior to the date possession of the Property is delivered to Pur aser, 5,6, Esa, • •. Seller shall deliver to Purchaser possession of the Property no later than June 30, 1999. Sel er may, at Seller's election, continue to occupy the Property after the Closing Date to a date not late r than June 30 1999,pursuant to an Occupancy Agreement in the form attached hereto as Exhibit B. 6. j.emedies, 6.1 Ss] ' : I1 - 4'--, If Purchaser fails or refuses to perform any of its obligations under this Agrecm� nt for any reason other than failure of a condition precedent to occur or termination of this Agree ent pursuant to Sections 3,1 or 3.2, then Seller may terminate this Agreement and retain the Ea nest Money as Seller's exclusive remedy. 6,2 Eurchaseria.Remedieg. If Seller fails or refuses to perform any of its obligations under this Agre'ment for any reason other than termination of this Agreement by Purchaser, then Purchaser m y either: (i)terminate this Agreement by notifying Seller thereof and thereafter neither party hereto hall have any Anther rights or obligations hereunder; or(ii)Purchaser may seek any other rights, relic urces or remedies(including, without limitation, specific performance) available to Purchaser, such 1'ghts, remedies and resources hereunder to be cumulative, and not in exclusion of any other. a I Page 5 - PURCHASE AND SALE AQRFIEMENT AND JOINT ESCROW INSTRUCTIONS C;IORCCIDOCITIOARDIDocumentOtuhn PurchAel.wpd(4l15199) RA.MIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 10 No .013 P .08 7. .iligIll. Catierati 7,1 , TIME 15 OF THE ESSENCE of this Agreement, 7.2 Fu 1 Authority, Each of the signatories to this Agreement represents and warrants that he/she has the 11 right, power, legal capacity and authority to enter into and perform his obligations hereunder and o approval or consents of any other person are necessary in connection herewith. 7,3 gatipn of Agency and Partnership, Any agreement by either party to cooperate with the other in cnnection with any provision of this Agreement shall not be construed as making either party an ag nt or partner of the other party. 7.4 epi ' . This Agreement shall be governed by, and construed in accordance with, the laws o the State of Oregon. 7.5 . THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NO' BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES, THE PROI ERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FC REST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENF. AND WHICH LIMITS LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS D FINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INST UMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHI CK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES, 7,6 Szerability. If any provision of this Agreement shall be held to be void or invalid, the same shall not afe+ct the remainder hereof which shall be effective as though the void or invalid provision had not bee contained herein, 7,7 Ido.•+ I • . n =t• u t No amendment, change or modification of this Agreement shall be valid,unless in writing and signed by all the parties hereto. 7.8 Mauer, Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the p4ision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of tip a provision or a waiver of the provision itself or any other provision, 7,9 A86 grlrnent, Seller shall not delegate its duties under this Agreement to any party without the written cor!sent of Purchaser which may be granted or withheld in the sole and unfettered discretion ofPurch er, Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation f hazardous materials which may be located on the Property and for indemnification as provided in this Agreement constitute a material portion of the consideration for entry into the Agreement by Iurchaser, Purchaser shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably Page 6 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS CAOACCIDGC1TraARDlDtxruments1Kuhn PurchAs2,wpd(4/13199) RAMIS CREW CORRIGRN 503 243 2944 Rpr 19 ,99 16 : 11 No .013 P .09 withheld by Seller; provide., however that no such consent shall release Purchaser from its obligations hereunder, 7.10 5.11 -. - e. . . • I Subject to the provisions of Section 8.9, this Agreement shall inure to th benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal repres ntatives, successors and assigns. 7,11 blo • ... All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight(48)hours after mailing as certified mall,postage prepaid,direct- to the other party at the address act forth below or such other address as the party may indicate by itten notice to the other as provided herein;notice given in any other manner shall be effective upo receipt by the addressee. For purposes of notice,the addresses of the parties shall be as follows: If to Seller, t : Mr. and Mrs.Edward and Diane Kuhn If to Purchaser, to: City of Tigard Attn: William A, Monahan, City Manager 13125 SW Hall Boulevard Tigard, OR 97223 With a copy t : Dominic G. Colletta Ramis Crew Corrigan&Bachrach 1727 N.W. Hoyt Street Portland, Oregon 97209 7.12 Conterparts, This Agreement may be executed in several counterparts, each of which shall be an orig nal,but all of which shall constitute but one and the same agreement, 7.13itions and Headings. The captions and headings of this Agreement are for convenience only and shall'not be construed or referred to in resolving questions of Interpretation or construction, 7.14 CA Lulittjpr_of Time, All periods of time referred to herein shall include Saturdays, Sundays and legal olidays in the State of Oregon, except that if the last day of any period Halls on any Saturday, Sunda or such holiday,the period shall be extended to include the next day which is not a Saturday, Sun' ay or such holiday. 7.15 Co �missioni, Bach party warrants that it has not utilized the services of an agent, broker or finder w�th regard to the transaction contemplated by this Agreement. Seller hereby agrees to defend, in emnify and hold harmless Purchaser, and Purchaser hereby agrees to defend,indemnify and hold hahnless Seller,from and against any claim by any third parties not named Page 7 - PURCHASE AND SALE AOR1.DMENT AND JOINT ESCROW INSTRUCTIONS C:10RCC1D0C1TlOARDIDoeumameVWhn PurohA52.wpd(4/15/99) RAMIIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 11 No .013 P . 10 herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Properly, and any court colts, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorittion of the indemnifying party. 7,16 Attorneys' Fees, if a suit, action, or other proceeding of any nature whatsoever(including any pr,ceeding under the Bankruptcy laws of the United States) is instituted in connection with any contro ersy arising out of this Agreement, or to interpret or enforce its terms and provisions,the prevailing arty shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 7,17 En ire Agreement. This Agreement constitutes the entire agreement between and among the pa les, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof, EXECUTED as of the Effective Date, SELLER: PURCHASER: City of Tigard, an Oregon municipal corporation EDWARD KUHN By: Print Name: DIANE KUHN Title: Duly Authorized Representative ACCEPTANCE BY TITLE COMPANY , by its duly authorized signature below, agrees to accept this escrow on the terms and c*nditions of, and to comply with the instructions contained in, the foregoing Agreement, Title Insure ce Company By: Print Name: I_______ Its: Page 8 - PURCHASE AND SALE AOIt1 EMBNT AND JOWL ESCROW INSTRUCTIONS C;IORCC1DOC1T14ARDIDneumantAKuhn PueohA$2.wpd(4/15/90) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 12 No .013 P . 11 EXHIBIT "A" Property Description ITO BE ATTACHED] RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 12 No .013 P . 12 EXHIBIT "B" RESIDENTIAL LEASE Date: May 1, 1999 Landlord: City of Tiger., an Oregon municipal corporation Tenant: Edward Kuhr and Diane Kuhn, husband and wife RECITAL: Landlord Leases to 1 enant the following described property (the "Premises"), on the terms and conditions stated below: Dwelling at: 10645 SW Walnut Street Tigard, OR AGREEMENTS: Section 1. Occupancy 1,1 Term. The tenanicy covered by this agreement shall commence on the earlier of May 1, 1999, or the date of closing qf�the sale of the above described Premises by Tenant to Landlord, and will terminate at the earlier cifJune 30, 1999, or the effective date of written notice from Tenant to Landlord that Tenant shall v tate the Premises prior to June 30, 1999. Section 2. Rents, Utiliti s, and Other Charges 2.1 Desk Rent, Ten nt shall pay to Landlord as rent the sum of 5-0- per month, 2.2 Additional Rent. Tenant shall pay as additional rent: 2,1.1 The c sts of all utilities for the Premises, including electricity, oil heating, natural gas, water,heat,air conditioning, sewage,garbage collection and disposal, and telephone and shall change all such accoun,s to Tenant's name as of May 1, 1999; and 2,1,2 All additional rent shall be paid as these charges become due, Section 3, Use of the Premises Page 1-RESIDENTIAL LBASE C;1ORCODOC:Y17UARU'+DucuttUntM\Kuhn Residential Lassu rpd(419/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 13 No .013 P . 13 3,1 Permitted Use. he Premises shall be used as a dwelling unit and for no other uprose, No persons other than the in mediate family of Tenant shall reside on the Premises. 3,2 per. Tenant shall maintain no pets on the Premises without the prior written consent of Landlord. 3.3 ; . _ , i • ; ' '• ,,. Tenant shall not permit any acts to be done on the Premises in violation of any law or ordin-nee. 3.4 - - • • : . i . . Tenant shall notify Landlord in writing of any anticipated absence in excess of seven days no late)L than the first day of the extended absence, 3.5 Alterations. Tent nt shall not make or permit any alteration to be made on the Premises without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant shall be permitted to remove from t e Premises the heating, ventilation and air conditioning system and all decorative lighting fixtures, hick are acknowledged to be the personal property of Tenant. 3.6 it, In connection with the use of the Premises, Tenant shall; I 3.6.1 Refrai from any use that would be reasonably offensive to Landlord, other Tenants, or owners or users o adjoining Premises or that would tend to create a nuisance or damage the reputation of the Premis s. 3,6.2 Refrain om loading the floors beyond the point considered safe by a competent engineer or architect selecte by Landlord. 3,6.3 Refrair from making any marks on or attaching any signs, insignia, antenna, aerial, or other device to the erior or interior walls, windows, or roof of the Premises without the written consent of Landlord; or that in any way would detract from the general appearance of the Premises. 3.6.4 Refrain from any act by Tenant or by a person within Tenant's control that is outrageous in the extreme, a defined in ORS 90,400(3)(d). Section 4 Repairs and alntenance 4.1 Landlord's Respo ibilitieg. Landlord shall have no obligation to make any repairs to the Premises during the terms o this Lease, lease good a condition as t e Premises were in at the commencement of this Lease, Tenant shall ce all broken glass an light bulbs during the term of'the Lease and shall make any repairs necessitated by the negligent or willful act of Tenant or Tenant's invitees. Tenant agrees to notify Page 2-RESIDENTIAL LEASE C:WRCCIDOC\T1OARD\Documonla\Kuhn ReiIdcnUal 1eue.Wpd(419199) RRIIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 13 No . 013 P . 14 Landlord promptly of all required repairs and consents to the entry of Landlord on the Premises as required to make repairs. Ter ant shall be responsible for testing any smoke detector every six months and shall notify Landlord ofiany malfunction. Tenant has examined the Premises, accepts them in their conditions as of the commencement of this Lease, and agrees to leave them in the same condition (excepting ordinar wear and tear) at the termination of the Lease. Notwithstanding the foregoing, Tenant shall have 1 e right to remove from the Premises personal property as set forth in Section 3,5 hereof Section 5, Landlord's R ght of Access 5.1 .• . .', =', , . = :_ •1 , . , ' • •. • ,: , . Landlord shall, upon obtaining Tenant's prior consent, have t tie right to enter the dwelling unit or any other portion of the Premises under Tenant's exclusive c ntrol to inspect the Premises and to bring onto the Premises agents, representatives and contracto s of Landlord necessary or appropriate to permit Landlord to provide for its intended use of the •remises after the termination of this Lease, provided, however, that Landlord shall not unreason;bly interfere with the rights of occupation of the Premises by Tenant, and Landlord shall provide n t less than twenty four(24) hours prior notice of its intent to conduct such inspections and entries, 5,2 conditions to ..a.• • • • 5.2.1 Except in case of emergency, agreement to the contrary, or unless it is impractical to do so,Landlord shall give Tenant at least twenty four (24) hours' notice of Landlord's intent to enter the Premises. 5.2.2 Landlord may enter the Premises only at reasonable times. 5.2.3 Landl rd may enter the dwelling unit or Premises under Tenant's exclusive control without Tenant's co sent in the following circumstances. (1) Irl case of an emergency; (2) T nant's absence in excess of seven (7) days if Landlord was not notified as required b this Lease and ORS 90,340; (3) bandonment or surrender of Premises by Tenant as described in ORS 90.410(3); (4) Pursuant to court order; and Section 6 Insurance Page 3-RESIDENTIAL LEASE C,1ORCC\ C\TIOAR)\vuaumentatilm Residential Leaeo,wvpd(419/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 14 No .013 P . 15 6,1 Fire and Theft Ins ranee, Tenant shall not be required to insure the Premises against theft, fire, or other casualty, Tenan shall bear the expense of any insurance insuring the personal property of Tenant on the Premises a ain't such risks but shall not be required to insure, 6.2 Ley Insures„ Tenant shall procure and maintain during the term of the Lease public liability and property dams a insurance with a responsible company with limits of not less than $500,000,00 for injury to ne person, $500,000.00 for injury to two or more persons in one occurrence, and $250,000. 0 for damage to property. Landlord shall be named as an additional insured on such policy, and Tenant will deliver to landlord a certificate of such insurance, The insurance policy shall include a provision that coverage may not be canceled or modified without a minimum of thirty (30) days,advance written notice to Landlord. Section 7 Liability to T ird Persons 7.1 Lisa Except th respect to activities for which Landlord is responsible, Tenant shall pay as due all claims for vlork done on and for services rendered or material furnished to the Premises, and shall keep the Premises free from any liens caused by Tenant's failure to meet Tenant's obligations. 7.2 Jndemnifleation, Tenant shall indemnify, defend, and hold Landlord harmless from any claim, loss, or liability arising out of or related to any such activity on the Premises of Tenant, and any person who comes on the Premises at the invitation or with the acquiescence of Tenant, Tenant's duty to indemnify shall not pply to or prevent any claim by Tenant against Landlord for injury or damage to Tenant or Tenan 's property for which Landlord may be liable. Section 8 Damage and estructian In the event the Prom sea are damaged or destroyed by fire or other casualty, either Landlord or Tenant may terminate th Lease. Section 9 Assignment nd Sublease No part of the Premifies may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the Premises 1,te conferred on any third person by any other means, without the prior written consent of Landlord.' No consent in one instance shall prevent this provision from applying to a subsequent instance. Section 10 Remedies 10.] : : ; _it .'--. The remedies of Landlord and Tenant for breach of this Lease or of the Residential Landlord at d Tenant Actshall be as set forth in ORS 90.100.90,435 and ORS 105,105-105,165 and shall specifically include, but not be limited to, the remedies set forth in the following sections, Page 4-RESIDENTIAL LI.ASL e:oxe xrclnuakuttocutn.nwUcurv,RcArdonu.i Le e. pd(419199) RA.MIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 14 No . 013 P . 16 10.2 Landlord'e Rigid to Terminate Lease, 10.2.1 On 24 ' , Landlord may immediately terminate the Lease and take possession after 24 hours' v!ritten notice if (1)Tenant, someone in Tenant's control, or Tenant's pet seriously threatens to imi iediately inflict personal injury, or inflicts any substantial personal injury, upon Landlord or other p raons; (2) Tenant, someone in Tenant's control, or Tenant's pet intentionally inflicts any subst ntial damage to the Premises;(3) Tenant has vacated the Premises, and the person in possession is ho ding without the written permission of Landlord, and Landlord has not knowingly accepted rent fron the person in possession;or(4)Tenant or someone in Tenant's control commits any act that is outrageous in the extreme, An "act outrageous in the extreme" includes,but is not limited to, an act that 'enant or a person in Tenant's control has in filet committed a that results in (1) service of a wr tten notice to Landlord under state statute or local ordinance of drug manufacturing or delivery, gambling or prostitution activity at the Premises occupied by Tenant; or (2)judgment against the property under ORS chapter 465; or(5) In the event Tenant fkils to vacate the Premises and remove th ,property it is entitled to remove pursuant to Section 3,5 no later than 5:00 P.M, on June 30, 19991 10.2,2 JKeepiing a Pet. if Tenant keeps a dog, cat, or other pet capable of causing damage to persons or prop rty on the Premises in violation of the Lease, Landlord may deliver a notice to Tenant s e�i in the violation and stating that the Lease will terminate on a date written P Hying not less than three (3) day after receipt of the notice unless Tenant removes the pet from the Premises prior to the date specified. 0 2 3 Other reaches. In the case of any other material noncompliance by Tenant 1 $ with the terms of the Lease r any noncompliance with ORS 90.325 materially affecting health and safety,Landlord may deliver written notice to Tenant specifying the acts and omissions constituting the breach and that the Lease will terminate on a date not less than three (3) days after receipt of notice if the breach is not remedied, 10,3 Mannergf Takit Possession, In the event of termination of the Lease pursuant to the provisions of this section, Lindlord may take possession in the manner provided in ORS 105,105- 105.165 or in any other ma tier, including voluntary surrender by Tenant, 10,4 Abandoned PE . Property of Tenant left on the Premises after surrender or abandonment of the Premises or termination of this Lease by any means shall be deemed abandonment and, after proper notice as r quired by law, shall be disposed of in accordance with ORS 90.425. Section 11 Miscellaneot s (i er byeither partyof strict performance of any provision of this Lease, 11,l Tlonwalvcl. W v including acceptance by Lar}dlord of late payment of rent, shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the fliture or of any other provisions, Page 5-RES1DPNTIAL LF ASE o:lokc'COOOTIOAR1?U)oovmontAKuhn Raldeeilal Lamempd(4J9/99) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 ,99 16 : 15 No . 013 P . 17 11.2 Attorney Feea_8 11.2,1 No Sul or Action Filed, If this Lease is placed in the hands of an attorney due • to a default in the payment' or performance of any of its terms, the defaulting party shall pay, immediately upon demand, he other party's actual fees and expenses together with reasonable attorney fees, even though n• suit or action is filed. 11,2.2 Arbiu- '• i • k. -•'. '• 1' +: : .• = • • -: . If any arbitration, mediation, or other proceeding is brough I in lieu of litigation, or if a suit or action is instituted to enforce or interpret any of the terms of his Lease, or if a suit or action is instituted in a Bankruptcy Court for the United States District Cot rt to enfbrce or interpret any of the terms of this Lease, or to seek relief in a bankruptcy proceeding, he party not prevailing shall pay the prevailing party's actual fees and expenses, costs and disbur ements, fees and expenses of expert witnesses used to determine reasonable attorney fees pursi ant to Oregon Rules of Civil Procedure 68, and such sums as the court may determine to be reasons?le for the prevailing party's attorney fees connected with the trial and any appeal and by petition for review thereof, in addition, the Court shall award the prevailing party reasonable attorney fees for olleeting any resulting judgment. 11.2.3 Dcn/ions, For purposes of this Lease, the term attorney fees includes all charges of the prevailing partli's attorneys and their staff(including without limitation legal assistants, paralegals,word processing, And other support personnel) and any postpetition fees in a bankruptcy court. For purposes of this Lease, the term fees and expenses includes but is not limited to all long- distance telephone charges, eicpenses of facsimile transmission and receipt, postage (including costs of registered or certified mal and return receipts), express mail or parcel delivery, mileage, and all deposition charges, lncludinp but not limited to court reporters' charges, appearance fees, and all costs of transcription, expel t witness fees and all of their charges and expenses, costs incurred in searching records, the cost of title reports, litigation reports, foreclosure reports, and surveyor's reports. 11,3 Noticej. Any notice required by this Lease shall be delivered to the parties by first class mail or by any service methcid allowed by Oregon Rules of Civil Procedure 7. 4 Succession, S>fb ect to the provisions of Section 11, this Lease shall be binding upon 11. ;� n ' j and inure to the benefit ofta parties and their respective successors and permitted assigns. 11.5 N mbec Qendei, and Captions. As used herein,the singular shall include the plural, and the plural the singular. Thcmasculine and neuter shall each include the masculine, feminine, and neuter, as the context requires, All captions used herein are intended solely for convenience of reference and shall in no wa limit any of the provisions of this Lease agreement. 11.6 Tenant's Ackn wledg,nent, Tenant hereby acknowledges that Tenant has read and received a copy of this Leash agreement, including any exhibits hereto. Page 6-RESIDENTIAL I, ASE o;\oaccoo TIUARD\Duuurnantx\Kuhn Rciidcntlal Leue.wpd(419i 9) RAMIS CREW CORRIGAN 503 243 2944 Apr 19 , 99 16 : 16 No . 013 P . 18 11.7 PriorAgrcemeti This document is the entire, final, and complete agreement of the parties pertaining to the Lease!and supersedes and replaces all written and oral agreements heretofore made or existing by and betw cn the parties or their representatives insofar as the Lease or the Leased Premises are concerned (say and except for the application, if any, recited in this Lease). 11.8 Moliitation. No modification of this Lease shall be valid unless in writing and signed by the parties hereto. 11,9 Compliance with ResidentialiAnclicalAM Tenant Act. This Lease is intended to comply with the provisions of the Act, ORS 90.100.90.940, in effect on the date first written above, If a court determines that any proyision in the Lease conflicts with the Act, the provisions of the Act shall control, This Lease shall be deemed to be amended to comply with any statutory changes in the Act if such changes apply retroa tively to existing Leases,but not otherwise. The parties have exec ted this Residential Lease Agreement on the date first written above, which is its effective date, Landlord: CITY OF TIGARD, an Oregon municipal corporation By: Its: Tenant: Edward Kuhn Diane Kuhn Page 7-RESIDENTIAL LBASE cACkccIuoOTICIARnuooumonis\ uhn R•Mtdm1 hti1 LaMC.Wpd(4 I 9/9P) RAMIS CREW CORRIGAN 503 243 2944 Apr 15 ,99 10 :02 No .007 P .01 RAMIS CREW CORRIGAN & $ACHRACH. j,LP F CSIMILE TRANSMISSION COVERS1-IEET THIS COM UNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INPORMATI N INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ATI'ORNBYS AT LAW BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE 1727 N.W. Hoyt Street HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS +NJ,Oreoyt 97209 COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL DATE: April 15, 1999 CLIENT NO.: 90024-13 TO: William Monahan FAX NO,: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM; Dominic G. Collette DESCRIPTION OF DOCUMENT RANSMITTED: Kuhn Property-Letter to John Gibbon COMMENTS: For your review, l PAGE(S) TO FOLLOW, EXCLU SING COVER SHEET, IF YOU DO NOT RECEIVE ALL 0r THE PAGES,PLEASE CALL TILE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY, THANK YOU, SIGNED: Sarah Harris I ] AN ORIGINAL IS BEING MAIL;D l XX] AN ORIGINAL IS AVAILABLE UPON REQUEST RAMIS CREW CORRIGAN 503 243 2944 Apr 15 ,99 10 : 02 No . 007 P . 02 RAMIS CREW CORRIGAN & BACHRACH, LI) April 15, 1999 ATTORNEYS AT LAW BY FACSIMILE 1727 N.W,Hoyt Street Portland,Oregon 97209 (503)222.4402 John T. Gibbon Faa: (503)243-2944 Shonkwiler-Hoelscher-Gibbon 13125 SW 72nd Avenue Til+iard, OR 97223 RE: KUHN/CITY OF TIGARD JIIPP II.BACHRACH MARK L. BUSCH De John: D,IU,NIIIL CI IANDLRR++ CHARLES H.CORRIOAN' This letter is in confirmation of our telephone conversation the morning of April STSPIIUN P.CRBW 15,1999 regarding the above referenced matter. As we agreed during that MARriN C.DOLAN co vcrsation,I will send to you on Monday,April 19, a revised Purchase CARY PIRRSTONIP Ag gement which incorporates the following terms: WILLIAM B.OAAR' DAVIT?H,ORI005 ]. Your clients shall be entitled to remove from the subject property the a PRANK HAMMOND' H C system and all decorative lighting fixtures; and ALLISON P.HI3NSBY+ MALCOLM JOHNSON' 2, Your clients will be permitted to continue to reside in the property from T.CHAT)ALAS'I'BR• the losing date to a date not later than June 30, 1999, by which time they agree TIMOTIIY V.RAMIS to acate the premises and to remove the property described above and WILLIAM J,STALNAKRR oth rwise leave the property vacant. BARTON J.WACI STI3TBR As o the other matters set forth in your facsimile to me of April 13, 1999,it was agreed that those items would not be included in the contract between our res}ective clients. JAMBS M.COLHMAN DOMINIC 0.COLLRVI'A" Th ik you for your continuing courtesy. 1 look forward to working with you to OP COUNSEL CIO c this transaction on or before May 1, Very trul yours, SOUTHWEST WASHINGTON OFFICE s Fin+(Independent Place Sole G. Collette 1220 Main Street,Sults 451 Vancouver, W. hington DGC/slh 98660-2964 (360)699-7287 cc: Bill Monahan(by facsimile) Fat: (360)699.7221 C:10I'.CCUX1C\TIOARD\CorreapondencelKuhn AV Rev Ur,wpd 'Also 01dmItted To Practice In Washington ',Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montane +Also Admitted to Priebe'In Alaska RAMIS CREW CORRIGRN 503 243 2944 Rpr 14 ,99 9 :54 No .007 P .01 RAMIS CREW CORRIGAN & BACHRACH, LLP F CSIMILE TRANSMISSION COVERSHEET Tlits COMM UNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATI N INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ATI'ORNBYS AT LAW BELOW. IF THE READER OP THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE N,W,Hoyl Street HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS 1727 1727Portland,Oregon 97209 COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL DATE: April 14, 1999 CLIENT NO.: 90024-13 TO: William Monahan FAX NO.: 684-7297 TELEPHONE NUMBER,: 639-4171 FROM: Dominic G. Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Property-Fax from John Gibbon COMMENTS: For your review. 3 PAGE(S)TO FOLLOW, EXCLL DING COVER SHEET, IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT(503)222-4402 IMMEDIATELY. THANK YOU, SIGNED: Sarah Harris [ J AN ORIGINAL IS BEING MALI ED [XX J AN ORIGINAL IS AVAILABLE UPON REQUEST RAMIIS CREW CORRIGAN 503 243 2944 Apr 14 ,99 9 : 55 No . 007 P .02 04/13 18:15 1989 FROM: 503 884 8971 TO: 222 PAGE: 1 04/13/08 14: 8 FAX 808 884 8871 HONK GIBON HOEI a 00 FAX John T. Gibbon, Attorney 13425 SW 72nd Ave. • Tigard,'OR 97223 • • . Date / 3/12.7...-...---- • Number of p: es Inciudin cover sheet 1 • To: 0067r1 a //p From: • Phone 2 Z--+_Y4'O Z„ John T. Gibbon Fax Phone 24/2...1 a? dist Phone ' (863)824.0817 CC: I Fax Phone (603)684-8971 Phone I . Fax Phone I 1 • REMARKS . 0 Orgefit x For your review Fi Reply ASAP ggi Plesae comment o1l _ 0. oL& 6ve ey ;4.eAAA.s .14- - Gi vodkas 'tleeL4t/l. AA, "!"lite 04-LwiS cis'e moa.1/4 ;).1 c.c,i i 5 tletek-i .4. e. ke-tg. vi i 1 . LA)o-rj Pont i+ 1,0 11t.-o IJIT C v eA i pVOiobas c .1... . ? "Oje.ct. Gp } 't L c.%e v '}-l C. e-i'S Q 0.,52 col) t t/4 R. M This facsimile Iran-mission (BJon the documents accompanying It)may contain confidential information protected by attorney-client prlvi ego. The Infolmstion Is Intended only for the use of the addressee. If you are not the Intended recipient, you are ereby nbtifiedithet disclosure,copying or taking action in reliance on the Information 1s prohibited. If this transmission Is received In -rror please notify the sender by phone or FAX to arrange for disposition of the material. RF•MIS CREW CORRIGAN 503 243 2944 Apr 14 ,99 9 55 No . 007 P . 03 04/13 18:18 1999 FROM: 803 884 8971 TO: 222 PAGE: 2 04/13/99 14: 8 FAX 803 884 8071 SHONK CIDON 110131. ®00= O .b. t'1 vA r S A. . ,, ;,f 04.1 ,. .r.r.r fLtdckit inllitt, 6.i .v. 104101 CL16 . i fi.. .. Ii 0.4 . ..4 e,;.11..; !Cal + ; r'' . s e r V ►'�M, coir '9r'.ti 0 .. . - . . c.. cQ ,d4c 1.0 i .l a c40..t ►r� �-. . �r ear o. -4 % 4 .,.2 .h o ..., .. . ... . 01. .01. 1O. . R� 4..ec resat., �. .�.�... ., ..��.... .,...,.... ... . . ... . . . .. .. . - o ,►c%n . .a-tr ,r% .,-,.c.1_- . , , _. .„„... . . , e w4 0 C i E*.r` c.... a .Jo.LA .Cs .. ,,.kt fAd cl w 1.0t-6# .e,V. . tv'a*i.JR. _.,Li_ Po( i- es- • �. 0 • IUD rIry V•44-4v 61 64 U er. ex4�V'0.X, , )c-k-eYQA.kC 11Gre 0 UL.i. t ear .. v.cel • . L4 ‘'+ k . +L,� .,1 i a i ' .... t (ti.e'vv .s r -e rilcrte, C e xc-e .. . ., „ I4ewt • • . 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RAMIS CREW CORRIGAN 503 243 2944 Apr 14 ,99 9 : 56 No .007 P .04 04/13 18:17 1090 FROM: 603 884 8071 TO: 222 PAGE: 3 04/18/89 14: 8 FAX 808 884 8971 SHONE GIBON NOEL 003 *ID Nr. le."10 %Ai, 0 r e e,Y 01e w i vairuaS GN+,, t�Q, r�l efuut �( t� 1 { t hS a.�G c?x 1 LA t ' Q 0�1 ig iv b4Ci P fig►+` , (5) C 600.1140%. Ce.D. C,C. AWSC r91y lciL4 + e c lob s'.) +I u.* cl.�ow ,�.#i 1 Q ac. tAt 1 04/12/99 17:43 T2503 684 7297 CITY OF TIGARD x001 ***********$*************** *:c* ACTIVITY REPORT *s* ***********S::h$::*$*$*:$$*$$sk TRANSMISSION OK TX/RX NO. 4306 CONNECTION TEL 222 CONNECTION ID CITY ATTORNEY START TIME 04/12 17:42 USAGE TIME 00'29 PAGES 1 RESULT OK Post-it'Fax Notea)J 7671 D8i8 ii,// ,5 pest. To _ CD I!�t ql From 73 l i' 6,14.4/! Co./Dept.kACo, M+s (fi�� efaL / Phone#2_LI._ y Phone# 3 /�j Fax# Fax# April 10, 1999 City of Tigard 13125 SW Hall Blvd. Tigard, Or. 97223 Attn: Bill Monahan Dear Bill: In regards to our conversation on Tuesday,you asked if we would supply you with a list of items that we would like to take from our Walnut Street house. You stated that you don't care what we take, since the house will be demolished. We will vacate the house in a secure condition. Here is a list of the items: Deck, fence,bathroom cabinets,kitchen cabinets,appliances, light fixtures, electrical fixtures, plumbing fixtures, siding, windows, gutters, downspouts,doors, furnace, and air conditioner. Please let us know in writing if this would meet with your approval_ Thank you. Sincerely, 7 Edward &Diane Kuhn cc: John Gibbon, Attorney at Law Post-it°Fax Noteii 7671 Date I /z/ `� pag si ToDDr✓V CDIj ��✓� From /3 // ),146.4 bA4/1/1 —, Co./Det. Co. 1\4 Phone#2 ..L Z y Phone# _ ///7 Fax# Fax# / April 10, 1999 City of Tigard 13125 SW Hall Blvd. Tigard, Or. 97223 Attn: Bill Monahan Dear Bill: In regards to our conversation on Tuesday, you asked if we would supply you with a list of items that we would like to take from our Walnut Street house. You stated that you don't care what we take, since the house will be demolished. We will vacate the house in a secure condition. Here is a list of the items: Deck, fence, bathroom cabinets, kitchen cabinets, appliances, light fixtures, electrical fixtures, plumbing fixtures, siding, windows, gutters, downspouts, doors, furnace, and air conditioner. Please let us know in writing if this would meet with your approval. Thank you. Sincerely, / w • "I"‹ Edward& Diane Kuhn cc: John Gibbon, Attorney at Law Edward T. Kuhn Diane F. Kuhn 10645 SW Walnut St. Tigard, OR 97223 City of Tigard 13125 SW Hall Blvd. Tigard, Or. 97223 Attn: Bill Monahan APR 9 1°-.? RAMIS CREW CORRIGAN & BACHRACH, LLP April 8, 1999 ATTORNEYS AT LAW William A. Monahan 1727 N.W. Hoyt Street Portland,Oregon 97209 City Manager City of Tigard (503)222-4402 13125 SW Hall Boulevard Fax: (503)243-2944 Tigard, OR 97223 RE: KUHN PROPERTY JEFF H.BACHRACH Dear Bill: MARK L.BUSCH D.DANIEL CHANDLER++ On April 7, 1999 I had a lengthy telephone conversation with John Gibbon, the CHARLES E.CORRIGAN* attorney for Mr. and Mrs. Kuhn, regarding the proposed acquisition of the STEPHEN F.CREW above referenced property. During that conversation I discussed with him the MARTIN C.DOLAN content of your comments to the revisions he had previously proposed to the GARY FIRESTONE' Purchase Agreement, as well as my comments on certain tax and other WILLIAM E.GAAR* transactional issues. DAVID H.GRIGGS G.FRANK HAMMOND* In general,Mr. Gibbon agreed with our comments. In the late afternoon of ALLISON P.HENSEY+ April 7 I received from Mr. Gibbon the enclosed facsimile which appears to MALCOLM JOHNSON* include language (for a form book)he would like to use to handle title insurance T.CHAD PLASTER* and the payment of other escrow costs. I had advised him that it was the City's TIMOTHY V.RAMIS position that$230,000 represented total consideration, and that if we were to WILLIAM J.STALNAKER BARTON J.WACHSTETER pay title insurance or other non-standard costs, we would require an appropriate adjustment to the purchase price. The handwritten portion of the enclosed facsimile describes some of the items TAMES M.COLEMAN of personal property that Mr. and Mrs. Kuhn propose to remove. I will be out DOMINIC G.COLLETTA" of the office on April 8 and 9, but look forward to speaking with you on my OF COUNSEL return on April 12 so that we can finalize the documentation for this acquisition. Very truly yours, SOUTHWEST WASHINGTON OFFICE First Independent Place Dominic G. Colletta 1220 Main Street,Suite 451 Vancouver,Washington DGCISIh 98660-2964 (360)699-7287 Enclosure Fax: (360)699-7221 C:\ORCC\DGC\TIGARD\Correspondence\Kuhn Property Ltr.wpd *Also Admitted To Practice In Washington **Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montana +Also Admitted to Practice in Alaska 04/07 17:12 1999 FROM: 503 684 8971 TO: 222 PAGE: 1 04/07/99 15:25 FAX 503 684 8971 SHONK GIBON HOEL IJ 001 X John T. Gibbon, Attorney FAX13425 SW 72nd Ave. Tigard, OR 97223 Date • Number of p-.es including cover sheet— 3 To: 1- .t Cer--tCgi„4 From: • Phone •- John T. Gibbon Fax Phone 2 y3 ._�9L/ / Phone {503}624-0917 CC: Fax Phone (503)684-8971 Phone Fax Phone REMARKS 0 Urgent p For your review 0 Reply ASAP 0 Please comment This facsimile transmission ( &/or the documents accompanying it) may contain confidential information protected by attorney-client priv lege. The information is intended only for the use of the addressee. If you are not the intended recipient, you are hereby notified that disclosure, copying or taking action in reliance on the information is prohibited. If this transmission is received in error please notify the sender by phone or FAX to arrange for disposition of the material. 04/07 17:13 1999 FROM: 503 684 8971 TO: 222 PAGE: 2 04/07/99 15:25 FAX 503 684 8971 SHONK GIBON HOEL al902 „ • • -•, • • , . . • •-• -• • ' • . •• '• • • - • . • , - • - • , , •„• • Purchase and Sale Agreement icontinued) , • - •r . . • • . • (e) 'ersonal Property. Possession of the personal property, if • • • . any, except .r (f) I ermination Agreements. Executed termination agreements or other evi•ence reasonably satisfactory to the Buyer that any service • contract disa•.roved by the Buyer in accordance with the terms of this Agreement h:s been duly and validly terminated effective on or before the Closing Date. (g) ecords and Plans. Copies of all architectural drawings, construction plans and specifications, "as-built" records of the improvemen ., environmental studies, inspection reports, and all topographic. surveys and soil tests for or relating to the Property in the Seller's poss:ssion or reasonably available to the Seller. . .. • 8. itle Insurance. At closing, the Seller shall provide, at its expense, a s : dard owner's title insurance policy in the amount of the •" - - purchase pri.- specified above, insuring title vested in the Buyer or its _ • . • • - • - nominees, su.ject only to nondelinquent real property taxes, items , and of the Preliminary Commitment,and other matters Irl% that may be .pproved in writing by the Buyer. 1.• I 01.121/44ENT: The different types of title insurance available •%::0 •• in Ore on are described in FUNDAMENTALS OF REAL ESTATE 06eikgtioWOZIOlgUe,Ig TRANS•CTIONS Chapter 5 (Oregon CLE 1992). The buyer may want •I TA extended coverage for its owner's policy of title , • . . _ insuran. , in which case an ALTA survey will also be required. The p. 'es must decide who will bear the cost of the survey and the ads ional coverage. •• •• 9. • diustments. The Seller shall pay for the standard coverage title insuranc• policy, recording charges, one-half of all escrow fees . id costs, and the Seller's share of prorations pursuant to Paragraph 10 below. The Buyer shall pay recording charges, one-half of . escrow fees and costs, and the Buyer's share of prorations pursuant to P. graph 10 below. The Buyer and the Seller shall each pay its own legal and professional fees of other consultants incurred by the Buyer and the Seller, respectively. All other costs and expenses shall be allocated be een the Buyer and the Seller in accordance with the customary p .ctice in County,Oregon. At closing, the Buyer s all contribute any funds necessary to pay its share of - adjustments. • -1 • . .• , • • •- 2-15 - ' . . • .: • • • . r 04/07 17:14 1999 FROM: 503 684 8971 TO: 222 PAGE: 3 04/07/99 15:25 FAX 503 684 8971 SHONK GIBON HOEL Lj003 s4 ec 4 e / s ` + .e ( -to Blierw I wr+ r erS.Q c4I e Siteee S nn tA. c moi{/a e u.G , - ,t frywo V 4-04.141/ tit ` ° d0 erfravds G 1 lac fritAli e5P '� 5 r© ec± CO'YL�e V'UC+i r.rvi o-c cry ct c&1 t it tA.. oo eµ1Q IJ5 a.At 141.12i caste..k. Lt.a.A.c C-wr pleAS -t 13v..1. t2,v 'SpA s. a.+�c.Q -0 ,u�a�'a-+re ta..� C,►_CD #1 d 1� C.D"YLS cl�X a ti Jtit - - L J1kv es -k-t .L n-to �e-v►�..oa Fa.�,rS . ) ;x-4-t e S cid S'u-- v' �. i AktroJe-- s �P- �-k 0,24,12 fra-AQ-4,7`y 0,s 1."^6..0./ ag.e.vv, • ,n1 4-e40 + Ey t 1A.i [_a'vel++'crk e..1/' FA-V0-4AcQ u9„erecD ovtic-CS X ,cic:LAA cuAge Jr uaeiv S. MAR 31 '99 02: 18PM RAMIS CREW CORRIGAN P.1 4111111 RAMIS CREW CORRIGAN & BACHRACH, LLP FACSIMILE TRANSMISSION COVERSHEET THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THB INDIVIDUAL OR ENTITY NAMED ATTORNEYS AT LAW BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE 1727 N.W.Hoyt Street HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS Portland,Oregon 97209 COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION TN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL DATE: March 31, 1999 CLIENT NO.: 90024-13 TO: William Monahan FAX NO.: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM: Dominic G. Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Kuhn Property b� COMMENTS: For your review. 7 PAGE(S)TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY. THANK YOU. SIGNED: Sarah Harris [ ] AN ORIGINAL IS BEING MAILED [XX] AN ORIGINAL IS AVAILABLE UPON REQUEST MAR 31 '99 02: 18PM RAMIS CREW CORRIGAN P.2 RAMIS CREW CORRIC AN & BACHRACH, LLP March 31, 1999 • ATTORNEYS AT LAW 1727 NAV.Hoyt Street BYFACSIMILE Portland,Oregon 97209 (503)222.4402 Fax: (503)243-2944 William A. Monahan City Manager City of Tigard 13125 SW Hall Boulevard J$pR H.BACHRACH Tigard, OR 97223 MARK L.BUSCH D.DANIEL CHANDLER++ RE: KUHN PROPERTY • CHARLES E.CORRIGAN' ' STEPHEN F.CREW Dear Bill: MARTIN C.DOLAN GARY FIRESTONE' Enclosed with this letter please find a facsimile I received today including WILLIAM E.MAR' the handwritten comments of John Gibbon to the agreement I drafted for DAVID H.GRIGGS G.FRANK HAMMOND' purchase of the Kuhn property. I have also transmitted a copy of this letter MALCOLM JOHNS ON' and enclosure to Gus Duenas, and I hope to speak with both you and GS T.CHAD PLASTER' tomorrow regarding revisions to the existing document. TIMOTHY V,RAMIS WILLIAM J.STALNAKER Very truly yours, BARTON J.WACHSTETPR , .-" "'Y.:a-ex' JAMES M.COLEMAN Dominic 0. Collette DOMINIC G.COLLETTA" OF COUNSEL DICTATED BUT NOT READ DGC/s1h SOUTHWEST WASHINGTON OFFICE Enclosure Firer Independent Place 1220 Main Street,Suite 451 Cc: Gus Duenas Vancouver,Washington 986602964 C:IORCC\D CITIGARD\CorrespondencelComments Lt.wpd (360)699-7287 Fax: (360)699-7221 *Also Admitted To Practice In Washington **Also Admitted To Practice In California ++A1so Admitted To Practice In Washington and Montana 0J137MAR,g1 '99__02:19FM.-RAMIS CREW_CORR I 924171 TO: 222 PAGE: P.3 03/31/99 13:03 FAX 503 684 8871 SHONK GIBON HOEL 21001 John T. Gibbon,Attorney FAX 13425 SW 72nd Ave. Tigard, OR 97223 • • Date 61 • Number of p.ges including cover sheet • •• • — a To: p itii e_ G. C oite+G` From: Phone — 4A/0 John T. Gibbon Fax Phone 6503) aLi3-a 5'/%' Phone (503)624.0917 CC: • Fax Phone (503)684.8971 Phone Fax Phone f. p Orgei t For your review )0 Reply ASAP Please comment P6rwt do es LI- ih �l %r�- ���t mom' s G. IM S.Q.h you, tAiLs.e. A dtit o G��`� +�li! 40y17/ .S 2-, t 6 MAO e .' er�.r' pre peal"f7/ er r � oV` - ea-K.)1-0,d C�.JJ r 4.5 oa a 1 }0 5`S,i /&. 7144...u2_7144...u2_ . 4.07y1 rn.244i rLa ca. 'e f- YD /'eQ5 a A ' C/,e,,i 4 I �.a.v ; Red .i +A -E 7t‘. rA.Gf. Ike re r140..dL ki ÷11-944. ma./eP5 ea-44 tae fr e 1 ecP /'1,1 -71-h.e max+ - Pew . This facsimile transmission (&kr the documents accompanying it) may contain conn ential information protected by attorney-client pr viiege. The information is intended only for the use of the addressee. if you are not the intended " recipient,you are hereby notified that disclosure,copying or taking action in reliance on the information is prohibited. If this transmission is received in error please notify the sender by phone or FAX to arrange for disposition of the material. 03/31MAR,31 '99__O219PM.•.RAMIS CREW_CORRI5AN371 TO: 222 PAGE; E.4 03/31/99 13:03 FAX 508 684 8971 • 3HONK GIBON H9 L (7pOOP OIo & _L+e ?,.....-:',,- 0 o . .,.sc,�+ 6 vs ti, T�-c1 1 . bo-*e. 4-p,. pc4;e . ,i'.ali .. _ . -� 4. tQ,Q;S pcv -4-k2. .. .r i C•.e-r Iss2- P-i--.1'.0.-.4.•e-,4 , , ‘.-.,...-i:.- .. .. ^ - �.4Ls. �. . Ci+— S S qSi GLS. 4..0 . . - ` '.• 1J , L , < c e�F. Lo . .-+n!i . , c i,ew4� . ., ca.�u,1 44. ._. .-�p 1Nti0 l3 . 4 . "} e= .. . . . I. , - , Wi I.�.. 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Q6 Cv'o u7 t i••v" p tir qs-9-,.sw- te.Z,,..� . f . . . . _ _ ,. . ,. . ..• . ..••.... '` MAR 31 '99 02:20PM RAMIS CREW CORRIGAN 03,131 1.4:0.3 i Toa rnvrvl ww uo o971 TO: 222 PAGE: P. 03/31/99 13:03 FAX{5,03 684 8971 SHONR GIBON NOEL _ .ia004 1. 1 7 C t o s t Co s i-s - u , .A.ii.1r 11�.. . . _•. ret0Cc.'t -0-C.wc•it^►S'�v'c. ll.l'� v'JQ..s '�-L /- k • +VV� S s � sVim+ �-- 4 etre - . • C4 .. `,•'ll'••. :LV/VWL/���� 7 .•S. -Lo -E.'( u s rfv-�vts c_c+ V c v\ c 1c 1 c.os-+s . .Q ( e .4 f� ev's ✓rev Q v�S� 4.4 to_ .1e. )),10 `' pA.kn ,( 4.1/s-1-0d -4- 'Sb `i-ht2_ i' :,:-.,-.:c) i c...a..s.o._ : ' & V>�'� +b. -t r,A.Arc.�4-5.2_ .': „ :(i v iC e 1 1. .�; e_o --L. uc c .+scL•sto_j 1/ .1?' a.AA.4 enj v•eLthc ci- v'ea_ . +,40,61 Th.- i v 1 o...c÷ C7 n o P . - . coV e.v uv /ds CLC l.�.i s+ t'ovti \1111)‘ f i1 v.o ay\ i-IAA. , W C .1. i.K. "E'C7 - •( ©' v-c�v.s'tetr 10.X S. ” . -MP3 , - . - i','-') .74 I J Cow rIYWacQ.. 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Roile1/41 . u„Q . t. . .e+fr.li\v1/4.9.S.-'- 1 o_-v‘• ,.... )6 Lt O ;4.;:• : 03431114R•31 '99__02:21PM,.,RAMIS CREW_CORRIGAt'71 TO; 222 PAGE: E.7 03/31/98 13:03 FAX 503 684 8871 SHONE GIBON HOEL (a 005 § 119:21 Res-rvation of personal property whether annexed to realty or not Seller reservs the right to remove the following personal property,whether it is so annexed to e'er the realty as .. constitute a fixture,or not: [description of personal property reserved]. It s specifically understood and agreed that none of the personal prop, upon such premises,inc uding but not limited to carpets,refrigerators,stoves,and the like,being sold under this ay eement. Seller reserve s the right to enter the premises and to remove the reserved fixtures until f•ate]. . §219:729 R tention of possession by seller After close o escrow and conveyance of title, seller may retain possession of property until [-ate]for use of property [for residential purposes or as the case may be], without pay ent of rental or other consideration.During that time seller shall pay all utility ' �� services and barges and shall maintain the premises and all fixtures on the premises in a good U and workabl= condition. On or before the stated date seller shall deliver possession to purchaser. On close of-scrow purchaser may retain Dollars($ )from the amount then due d\ seller, as sec 'ty for payment of all utility charges and services during the occupancy of property by seller and any repairs to property or the improvements or fixtures on property necessitated by seller's occu•ancy, On termination of the occupancy and surrender of possession by seller to purchaser,p baser shall pay seller the excess of the security fund held by purchaser over the total of all u lity charges and expenses not paid by seller and the cost of necessary repairs to property. §219:666 ' ght of removal of improvements by seller The sale und=+ this contract does not include the following improvements on property: 1 escribe],which improvements are reserved by seller. Seller shall have eriod]after close of escrow or as the ease maybe)within which to remove .os improvements from property and clear property of all trace of those improvements, including'fo .dation footings. If the impro ernents have not been so removed by seller within the stated period, seller shall have an addi ional days within which to complete the removal,provided that during the extensio i period seller shall pay to purchaser Dollars(S )per I eek or as the case may be]for continued occupancy of property: If the impro ements are not removed entirely, and all litter and debris are not cleared away within the p= 'od specified, as extended,purchaser shall have the option of either retaining as purchaser's •wn such improvements as remain on property,free of any title or interest of seller, or of removi•g the same and charging to seller the cost of removal. §219:568 • operty c nveyed for specific uses--Condition subsequent The de- ib-&prop shall bonveye. or the allowing limited es and urpo s onl : ppi ,sue : a railroad rig •. • or.the constru ion and[mint Hance f a publ i scho•lJ, l If property s•all cease to be used for such purposes,it [shall revert to seller, or seller's pers i'nal representatives, heirs, devisees, and assigns or as the case may be], §219:392 P rchase price—Payable in cash 03/31MAR 31 '99 02:22PM RAMIS CREW CORRIGAr971 T0: 222 PAGE: P.9 '03/31/99 13:03 FAX 503 584 8971 SHONK GIBON HOEL Cj006 Purchase pri. for the property is Dollars(S ),which shall be paidpin cash.or certified or c: hie?s check, [of which Dollars oll bs aid as has been deposited, a - the balance, or Dollars($ )sh p f or on close o escrow or on delivery of warranty deed and satisfactory evidence of good and marketable ti le conveyed to purchaser or as the case may be]. §219:283 i nicipal corporation as party—Execution by officers eller or Purchaser]is a municipal corporation organized and existing as an incorporated town or city]in County, /state], under the laws of that state. 's contract shall not be effective or binding until it has been properly executed by the municipa' officers authorized and qualified to do so by the • fmunlctpal charter or the general ,unicipal corporation statutes of (state)]. MAR 22 '99 02:29PM O'DONNELL, RAMIS P.1 RAMIS CREW FACSIMILE TRANSMISSION COVER SHEET CORRIGAN ,BACHRACH_LLP THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ATTORNEYS AT LAW BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE 1727 N.W. Hoyt Street HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS Portland,Oregon 97209 COMMUNICATION IS STRIC'T'LY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL (503)2224402 MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. Fax: (503)243-2944 DATE: March 22, 1999 CLIENT NO.: 90024-13 TO: Liz Newton FAX NO.: 503-684-7297 TELEPHONE NUMBER.: 503-639-4171 FROM: Dominic Colletta DESCRIPTION OF DOCUMENT TRANSMITTED: Purchase and Sale Agreement COMMENTS: For your review 10 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY, THANK YOU. SIGNED: Sarah Harris ( ] AN ORIGINAL IS BEING MAILED (XX) AN ORIGINAL IS AVAILABLE UPON REQUEST MAR 22 '99 02:29PM O'DONNELL, RAMIS P.2 RAMIS CREW CORRIGAN & BACHBAC .. LLP March 22, 1999 ATTORNEYS AT LAW 1727 N.W. Hoyt Street BY FACSIMILE Portland,Oregon 97209 (503)222.4402 John T. Gibbon Fax: (503)243-2944 Shonkwiler-Hoelscher - Gibbon 13425 SW 72nd Avenue Tigard, OR 97223 JEFF H.BACHRACH RE: KUFNT/ CITY OF TIGARD MARK L.BUSCH D.DANIEL CHANDLER++ Dear John: CHARLES E.CORRIGAN' STEPHEN F.CREW This letter is in confirmation of our telephone conversation the morning of MARTIN C.DOLAN March 22 regarding the above referenced, proposed transaction. Enclosed GARY FIRESTONE' for your review please find a draft Purchase and Sale Agreement and Joint WILLIAM E.C3AAR• Escrow Instructions which I have prepared for your consideration and that DAVID H.GRIGGS G.FRANK HAMMOND' of your clients, MAL.COLM JOHNSON' T.CHAD PLASTER' Pursuant to information obtained from the Cit ngineer,the_Ci will TIMOTHY V.RAMIS require possession of the property on or about une 15, 1999, WILLIAM).STALNAKER BARYON J.WACHST13TER I will be out of the office for the rest of this week, returning on March 29. I look forward to working with you to complete this transaction. JAMES M.COLEMAN Very truly yours, DOMINIC G.COLLETTA" OF COUNSEL 11 Dominic G. Colletta SOUTHWEST WASHINGTON OFFICE DICTATED BUT NOT READ First Independent Piano DGC/slh 1220 Main Street,Suite 451 Vancouver,Washington Enclosure 98680-2964 cc: Liz Newton (w/encl. by facsimile) (360)699-7287 Gus Duenas (w/encl. by facsimile) Fax: (360)699-7221 C:\ORCCIDGCITIGARD1Documents\Kuhn Punch it Sala Ltr,wpd *Also Admitted To Practice In Washington "Also Admitted To Practice In California ++Also Admitted To Practice In Washington and Montana MAR 22 '99 02:30PM O'DONNELL, RAMIS P.3 Y URCHASEAND SALLAGREEMOTT \` AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement")is entered into as of ,.1999(the "Effective Date"), between EDWARD KUHN and DIANE KUHN(collectively"Seller") and the CITY OF TIGARD, an Oregon municipal corporation("Purchaser"). RECITALS A. Seller is the owner of real property commonly described as 10645 SW Walnut Street,, Tigard,Washington County, Oregon, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). B. Purchaser desires to purchase the Property from Seller, and Seller desires to sell the, Property to Purchaser. C. It is the intention of the parties to set forth in this Agreement the terms and conditions, of the sale and purchase of the Property. D. These recitals are contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. Puxchase Price. The purchase price(the "Purchase Price") to be paid by Purchaser to Seller: for the Property is TWO HUNDRED THIRTY THOUSAND DOLLARS ($230,000.00 ). The Purchase Price shall be payable in cash or other readily available funds through escrow at the Closing (as that term is defined below). It is acknowledged and agreed that the Purchase Pric includes compensation for relocation benefits and any other claims and benefits to which Seller may e otherwise entitled as a result of the acquisition of the Property by Purchaser. 2. Escrow. 2.1 Esc a> gent. Upon execution of this Agreement, the parties shall deliver a copy of this fully executed Agreement to (the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective attorneys to execute and deliver into escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. Page 1 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:IORCC\DGC\TIGARDlDocuments\Kuhn PurchAg.wpd(3l22/99) MAR 22 '99 02:30PM O'DONNELL, RAMIS P.4 2.2. earnest Money. Within ten(10)days of the opening of escrow as provided below, Purchaser shall deposit with the Escrow Agent earnest money in the amount of ELEVEN THOUSAND FIVE HUNDRED DOLLARS($11,500.00)(the"Earnest Money")to be held, applied and distributed as provided in this Agreement. 2.3 Cancellation Fees a,nd Ex eases. In the event this Agreement is terminated because of the non-satisfaction of any condition set forth in Section 3 of this instrument, or in the event this Agreement is terminated because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. in the event this Agreement is terminated because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Conditions.Precedemt to Purchaser's Obligatio n'Close. Purchaser's obligation to close the transaction described in this Agreement is expressly contingent on satisfaction or waiver by Purchaser of all of the following conditions precedent: 3.1 Approval of Title b. Purchaser. 3.1.1 ETe�li*ninay Title.Report. Within five (5) days of the effective date of this Agreement, Purchaser, at Purchaser's expense, shall obtain a Preliminary Title Report issued by the Escrow Agent, describing the Property,listing the Purchaser or the Purchaser's designee as the prospective named insured, and showing as the policy amount the total Purchase Price. The Escrow Agent shall also deliver to Purchaser copies of any financing statements filed against the Property and true, correct and legible copies of all instruments referred to in such Preliminary Title Report as conditions or exceptions to title to the Property, including liens. 3.1,2 T tli a Obiections 3.1.2.1 Notice to Seller. In the event the Preliminary Title Report should show any exceptions other than the Permitted Exceptions (defined below), Purchaser shall deliver to Seller written notice of disapproval of exceptions within ten(10) days of Purchaser's receipt of the Preliminary Title Report. Failure of Purchaser to disapprove of any exception within such time shall be deemed an approval. 3.1,2.2 Seller's Removal o£Exceptior . In the event Purchaser shall disapprove any exceptions to title, Seller, within five(5) days of written notice of disapproval by Purchaser, notify Purchaser in writing of those disapproved exceptions that Seller agrees to, remove, or will not remove, prior to the Closing. 3.1.2.3 purchasesItemedies. In the event Purchaser does not approve all title exceptions and Seller is unable or unwilling to remove the disapproved exceptions prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) suspend performance of its; obligations under this Agreement at no cost to Purchaser and extend the Closing Date until the exceptions Seller has notified Purchaser will be removed have been removed; or (ii)terminate this. Agreement, in which event all the rights and obligations of the parties under this Agreement shall be Page 2 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C;IORCCIDOCITIOARD\DocumentalKuhn PurchAg.wpd(322/99) MAR 22 '99 02:31PM O'DONNELL, RAMIS P.5 null and void; or(iii)agree to close this transaction subject to all unremoved exceptions. In no event shall Seller be required to remove or to reimburse Purchaser for the removal of any lien or other exception to title created by Purchaser's activities with respect to the Property. 3.1.3 Permitted Exceptions. As used herein, the term "Permitted Exceptions" means: 3.1.3.1 The standard printed exceptions contained in the Preliminary Title Report of only zoning ordinances,building and use restrictions, reservations and federal patents, and utility easements of record. 3.1.3,2 The standard printed exception for encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises to the extent allowed by applicable rules and regulations unless Purchaser obtains a survey of the Property, at its sole expense, and Purchaser obtains the right to object to any exceptions that would be disclosed by an accurate survey. • 3.1.3.3. The standard exception as to the lien for taxes, limited to the period during which Closing is scheduled to occur for which said taxes are not yet due and payable. 3.1.3.4 Any exception contained in the Preliminary Title Report that has been approved by Purchaser. 3.1.3.5 Any lien or encumbrance created by Purchaser, including any from Purchaser to Seller. 3.2 Failure of Conditions Precedent. In the event of a failure of any condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement pursuant to Sections 3.1, the escrow and the rights and obligations of Purchaser and Seller under this Agreement shall terminate, and the Earnest Money deposit by Purchaser shall be returned to Purchaser by Escrow Agent, less any cancellation charges described in Section 2,3. 4. Seller's Warranties. 4.1 Marketable Title. Seller warrants that, at the time of Closing, that no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or, within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow. 4.2 P , ins in Possession. Seller warrants that as of the close of escrow there will be no rental agreements, contracts,leases or other agreements affecting the use or occupancy of the Property. 4.3 Authority of Seller. Seller warrants that it has the authority to execute this Agreement,to enter into the escrow contemplated herein, to perform all of its obligations hereunder, Page 3 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDGCITIOARD\DocumentAKuhn PurchAg.wpd(3f22/99) MAR 22 '99 02:31PM O'DONNELL, RAMIS P.6 and that the party executing this Agreement on behalf of Seller has, been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof. 4.4 No Option orRight ofYirst Ref,cat t, Acquire Premises. Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. 4.5 Environmental Nazranty. Seller has no knowledge of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. To the best of Seller's knowledge no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law or regulations. As used herein "hazardous materials" means any substance the presence or discharge of which is regulated by any federal, state or local law or relating to the protection of the environment or public health. 5. Closing. 5.1 CloairtgMate. The closing (the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before May 1, 1999 (the date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid' through escrow to Seller as provided in this Agreement. 5,2 Dei eii s ^Escrow Agent. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 5.2 shall be mutually concurrent conditions: 5.2.1 $per's Deliveries, On or before the Closing Date, Seller, at Purchaser's cost and expense, shall deliver the following into escrow: (i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exceptions; (ii) An ALTA standard coverage owner's title policy in the amount, of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an ALTA extended coverage owner's policy. Seller shall be responsible for and pay the premium for the' standard ALTA owner's policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's policy, together with all related expenses. (ii) Certificate executed and sworn to by Seller(a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person", within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1986 and otherwise in compliance with §1.1445-2T of the regulations promulgated thereunder. Page 4 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDCCITICARD\Doaumenta\Kuhn Aur hAg.dpd(3/22199) MAR 22 '99 02:32PM O'DONNELL, RAMIS P.7 5.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow. 5.3 C.1osingCestsWProrations. Seller and Purchaser shall each pay one-half of all escrow fees. Purchaser shall pay the cost of recording the Deed, and Seller shall pay a cos o —ALTA standard coverage owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage. Seller shall pay Washington County transfer taxes. Ad valorem and similar taxes and assessments relatingProperty shall be prorated between Seller and Purchaser as of the Closing Date, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; when actual figures are available a cash settlement shall be made between Seller and Purchaser. The provisions of this Section 5.3 shall survive the Closing. 5.4 Authority Documents. Purchaser and Seller shall, if requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. Possession. Seller shall deliver to Purchaser possession of the Property on June 15, 1999. F m the Closing Date to June 15, 1999 Seller will continue to occupy the Property Occupancy Agreement in the form attached hereto as Exhibit B. 6. Remedies. 6.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1 or 3.2, then Seller may terminate this; Agreement and retain the Earnest Money as Seller's exclusive remedy. 6,2 Purchaser's Remedies. If Seller fails or refuses to perforin any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any further rights or obligations hereunder; or (ii)Purchaser may seek any other rights,resources or remedies(including,without limitation, specific performance): available to Purchaser, such rights, remedies and resources hereunder to be cumulative, and not in exclusion of any other. 7. General Pro_v_isions, 7.1 Time. TIME IS OF THE ESSENCE of this Agreement. 7.2 Full Authority. Each of the signatories to this Agreement represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform Page 5 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDGC\IIQARDIDoeuments\ICuhn PurchAg.v.pd(3/22/99) MAR 22 '99 02:33PM O'DONNELL, RAMIS P.8 his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 7.3 Negation of Agency and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 7.4 Applicable Law, This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 7.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 7,6 Severability. If any provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 7.7 Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 7.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 7.9 Assignment. Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation of hazardous materials which may be located on the Property and for indemnification as provided in this Agreement constitute a material portion of the consideration for entry into the Agreement by Purchaser. Purchaser shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release Purchaser from its obligations hereunder. 7.10 Successors and Ash, Subject to the provisions of Section 8,9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. Page 6 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:IORCCIDOCITIOARD\Document&Xuhn PurchAg.wpd022/99) MAR 22 '99 02:33PM O'DONNELL, RAMIS P.9 7.11 Notice. All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight (48)hours after mailing as certified mail, postage prepaid, directed to the other party at the address set forth below'or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Seller, to: Mr. and Mrs. Edward and Diane Kuhn If to Purchaser, to: City of Tigard Attn: William A. Monahan, City Manager 13125 SW Hall Boulevard Tigard, OR 97223 With a copy to: Dominic G. Colletta O'Donnell Ramis Crew Corrigan &Bachrach 1727 N.W. Hoyt Street Portland, Oregon 97209 7,12 Counterpart,. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 7.13 Captions and Headings. The captions and headings of this Agreement are, for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 7.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such holiday. 7.15 Commissions, Each party warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement. Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 7.16 Attorneys' Fees. If a suit, action, or other proceeding of any nature whatsoever(including any proceeding under the Bankruptcy laws of the United States) is instituted Page 7 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:1O12CCIDGC\T1QARD\DocumontelKuhn Pur chAg.wpd(3/22l99) MAR 22 '99 02:34PM O'DONNELL, RAMIS P.10 in connection with any controversy arising out of this Agreement, or to interpret or enforce its terms and provisions, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably, necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 7.17 &tire Agreemot. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof, EXECUTED as of the Effective Date. SELLER: PURCHASER: City of Tigard, an Oregon municipal corporation EDWARD KUHN t � ‹Th-,111?‘ By: Print Name: Ntl. DIANE KUHN Title: P onzed Representative ACCEPTANCE BY TITLE COMPANY , by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement. Title Insurance Company By: Print Name: Its: Page 8 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS C:\O CC\DGCITIOARDIDocuments\Kuhn PurchAg.wpd(3/22/99) MAR 22 '99 02:34PM O'DONNELL, RAMIS P. 11 EXHIBIT "A" Property Description (TO BE ATTACHED] 31 '1 '4'11(4/0-2-e /41it'6"Ir- , ) 7 -"-6-6-‘1-1 6.140713j~k)—Le v14.v.i - (TY )/(1 tl/y OO() : DO 3 ) 1 , A9- -t-t/ 4J2 ; a- e ft, zi.-÷-- n4.64- at,e1 tt, 67. / 7s ,— 4 64 —bV14 6L-11 — 4 � — 2 0-7)—U ) s.9 4-/A,(,7 % — kci( yrzz3, )c41' N L/6- 1/1/ NAR 1 6 1999 JOHN T. GIBBON, ATTORNEY AT LAW Law Offices Of- Shonkwiler- Hoelscher- Gibbon 13425 SW 72nd Ave. Phone(503) 624-0917 Tigard, Oregon 97223 FAX(503)684-8971 Message(503)452-8567 March 16, 1999 William A. Monahan, City Manager City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 HAND DELIVERED Re: 10645 SW Walnut St. Acquisition Dear Bill: Attached to this letter is a offer that I believe my clients will sign. To the best of my ability this offer identifies the components that need to be considered in any settlement of this matter. I believe my clients would sign it now but only Ed has had time to review it and he said what it does is get him back "his" portion of the property and leaves Diane accepting a smaller home. She will review it after work today I suppose and I will communicate with you as soon as I've received her feedback. I have documentation to support the estimated and fixed costs identified in the offer but in those instances where flexibility exist in the numbers, for instance as we discussed regarding surveying, the Kuhn's are very willing to work with the City to keep costs reasonable. As you can see we have already provided for that in terms of storage. The only area in this offer that was not something we discussed in our meeting was the item related to rehabilitation ( the word used in the U.R.A. & P. A. rules, see 49 CFR §24.403(c)(2)) which I understand now was discussed between Ms. Herman and the Kuhn's Realtor at the time of the replacement dwelling's inspection. Sincerely, Post-it®Fax Note 7671 Date 3 f f 7 pages. John T. Gibbon p From t ( G 0 . 11 Attorney at Law Co/Dept. c jtgPhone# :-� Z 2 _ L Phone# Enclosure: 1Fax# Fax# cc: file, clients, J. Coleman Offer--To Convey Property Prior to Condemnation Upon Satisfaction of Condition Precedent to Provide Acceptable Replacement Dwelling This offer is made , by Edward& Diane Kuhn, of 10645 SW Walnut Street, Tigard, Washington County, Oregon, here referred to as landowner, to the City of Tigard, of 13125 SW Hall Blvd., Tigard , Washington County, Oregon , here referred to as agency. RECITALS A. Agency proposes to realign the intersection of SW Walnut Street and SW Tiedeman adjacent to the home of the landowner. The agency has determined that the most feasible alignment of the intersection will require the taking of so much of the landowners property at 10645 SW Walnut Street, the subject property, as to render all the improvements thereon valueless and makes it appropriate that the remainder be used for structures related to the intersection. B. Because the City had determined the landowners' premises are necessary for the construction of the intersection, the agency sought to obtain the premises and in this connection made an offer to acquire the property, obtain comparable housing for the landowner and provide the owners with relocation benefits consistent with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act. The landowners have declined the City's initial offer and the homes that the City or it's agent have deemed comparable. Landowners have independently sought and located a dwelling which in their opinion is below the standard of the subject dwelling but with improvements can be made comparable to the subject property. The Landowners have given the City a general estimate of the costs associated with the move to that property. Based on that estimate the City committed to have adequate funds available to close that purchase transaction on the date the City requires ownership of the subject property. In reliance on the commitment the landowners have proceeded to purchase the replacement housing. The landowners hereby make this offer to convey the subject property based on the rendering of that identified property into a condition comparable to the property being taken and the payment of the costs authorized by the Uniform Relocation Assistance and Property Acquisition Rules. SECTION ONE. AGREEMENT TO CONVEY The landowners hereby offer, in consideration of the benefits to be derived by landowner and the mutual promises and covenants of agency made by acceptance of this offer, to agree, on behalf of themselves and their heirs and assigns, to convey to the agency all of their right, title and interest in the land commonly 10645 SW Walnut Street Tigard, Oregon and legally described as Lot 6 Cottonwood Place, County of Washington, State of Oregon. SECTION TWO. CONDITION OF TRANSFER SUBJECT PROPERTY The Landowners and the City agree that the title to the subject property shall be transfer to the City on May 1, 1999 at the same time the City fully funds the purchase of the identified replacement dwelling at 16720 SW Astor Ave. in the Lake Grove area of Clackamas County, Oregon. In connection with this purchase agency will pay all of the landowners incidental expenses, as defined in 49 CFR §24.401. The parties agree that the identified property is a livable, but not in its current condition, a comparable replacement dwelling. 1 SECTION THREE. STIPULATIONS PERTAINING TO REPLACEMENT PROPERTY TO BE ACQUIRED As further consideration for the landowners agreement to convey the subject property the agency agrees to provide for the improvement of the replacement but substandard property to render it comparable in utility to the taken subject property as follows: 1. By paying the actual cost of rehabilitating the replacement dwelling by repairing it's roof and existing interior damage, reestablishing it's garage to permit auto parking, redecorating identified interior areas, constructing exterior decking and installing adequate floor insulation at cost estimated to be $10,000. In addition the City agrees to pay the costs associated with establishing HVAC in the replacement dwelling comparable to that present in the subject property. 2. By paying a sum not to exceed $35,000, to provide for the construction of a 14 by 45 foot RV garage and workshop on the replacement property to replace the subject property's covered RV parking area and workshop in a style that is compatible with the replacement dwelling. 3. By paying the actual costs, estimated not to exceed $7500.00, to provide for the replacement property's survey, for site preparation to permit the construction of the above described garage building and landscaping on the replacement dwelling site. 4. By providing relocation payments to the landowners and members of the landowners family resident in the subject property on the date that the agency publicly announced its intention to utilize the subject property, in a manner that is in accord with the claim for relocation payment attached hereto as Addendum A. SECTION FOUR. STIPULATIONS PERTAINING TO SUBJECT PROPERTY TO BE TAKEN. The landowner may retain possession of the subject property until the agency takes possession of the property on July 1, 1999 and utilize it fully during that time period. Subject to the city's being able to assure the security of the property and insure the contents of the property the landowners will utilize the subject property for storage of their personal property for so long as that remains feasible. The landowners retain the right to in their discretion to remove fixtures, such as the air conditioner, from the subject property provided those fixtures can be adapted to use in the replacement property. In witness whereof, the landowners have executed this offer at Tigard, Oregon on the day and year above written. Edward Kuhn Diane Kuhn 2 CLAIM BY INDIVIDUAL FOR RELOCATION PAYMENT Addendum To Offer to Convey Property Prior To Condemnation Upon Satisfaction Of Condi- tion Precedent To Provide Acceptable Replacement Dwelling Project Name: SW WALNUT & TIEDEMAN Project No.: INTERSECTION City of Tigard 13125 SW Hall Blvd., Tigard, Oregon 1. Full name of claimant: . 2. Date of move: . 3. Address from which you have moved (a). Address: . (b.).Number of rooms occupied (excluding bathrooms, hallways, and closets): . (c.). Date you moved into this address: [date]. 4. Address to which you have moved (a). Address: . (b.). Was personal property moved to or from storage? (Check one) Yes. No. (If"yes," fill our Statement of Claim for Storage, below.) 5. Type of payment claimed (Check one) (a) Reimbursement for actual moving expenses (including storage costs, if applicable) and/or direct loss of property. (b) Fixed payment(may not be made if storage costs are involved). 6. Total claim (If claim is for fixed payment, consult local agency as to amount of claim. Omit items 7-9 below. If claim is for reimbursement of actual moving expenses, direct loss of property, and/or storage costs, enter sum of items 9a, 9b, and 9c below.): $ 7. Moving company (or person) (a).Name: . (b). Telephone number: . (c). Address (including ZIP code): . 8. Method of payment of moving bill (Check one) (a) I have paid the moving charges, as evidenced by the attached itemized receipt or paid bill from the mover, and/or other contractors, and I therefore request reimbursement. (b) I have not paid the moving charges, and I therefore request that the attached itemized moving bill be paid directly to the mover, and/or other contractors, in accordance with arrangements made in advance, and with my consent, between the authority and the mover. (c) I hereby request and authorize that the moving charges, to be incurred by me, be paid directly to the mover and/or other contractors, in accordance with arrangements made at this time, and with my consent, between the local agency and the mover and/or other contractors. 9. Amount of actual costs and/or loss (a). Moving cost(Must be supported by attached receipt or unpaid voucher from mover if local agency is to pay mover directly per item 8 above): $ (b). Storage cost(Must be supported by attached receipt or unpaid voucher from storage company if local agency is to pay storage company directly per item 8 above): $ (c). Direct loss of property claimed(Must be accompanied by detailed statement of claim): 10. I certify under the penalties and provisions of any and all applicable laws that this claim and the information submitted with it have been examined by me and are true, correct, and complete, and that I understand that, apart from the penalties and provisions of any applicable law, falsification of any item in this claim or submitted with it may result in forfeiture of the entire claim. I further certify that I have not submitted any other claim for, or received reimbursement or compensation from any other source for any item of loss or expense paid pursuant to this claim, and that bills or receipts submitted with this claim accurately reflect moving services actually performed and/or storage costs actually incurred. Dated: [Signature] STATEMENT OF CLAIM FOR STORAGE COSTS 1. Type of claim (Check one) Initial claim. Supplementary claim. 2. Is this a final claim? 3. Storage company (a). Name: (b). Address (including ZIP code): 4. Description of property stored (List each major item separately): 5. Storage period (a). Total period: months. (b). Is period indicated in 5a above actual or estimated? (c). Date property moved to storage: [date". (d). Date property moved from storage: [date]. 6. Storage costs (a). Monthly rate: $ (b). Total costs actually incurred(cumulative): $ (c). Amount previously received as relocation payment: $ (d). Amount claimed(6b minus 6c): $ 7. Method of payment(Check one) (a) I have paid the storage charges, as evidenced by the attached itemized receipt or paid bill, and I therefore request reimbursement. (b) I have not paid the storage charges, and I therefore request that the attached itemized bill be paid directly to the storage company, in accordance with arrangements made in advance, and with my consent, between the local agency and the storage company. h,.44 r,,,,,14,7 AA-.4 c‘,,z,e1 14„-4 /4 / . /6-71 /4 .14,d4 71/Le--=-7 UV?) A.44,41Z~A #47101, tidata•Ukt,‘) _33; (( x (K- AG) 5-7,1) ,c� ,�C,.r,i•-.i( UPJ f''`"� ,yy ;f '; 2 2 y /4, - 2- tw- //& 4- /Zfrvi 4/14w ve, Ausrk l" / & / pylxike -/ �11,, ,7Au/t)&3 „_ poe„— 64m- 31 Igo s / tp If est O-E4A)z-ce Enn7x., J 2 DO - X36 Muir .� S - - - �9O ± S "'* ) (57) GrUwv64 .jkl-r' -1,L6-) 7 AV GZr From: Bill Monahan To: Jtgorygun@aol.com Date: Wed, Mar 10, 1999 4:17 PM Subject: 10645 SW Walnut John, I will see you at 10 AM on Friday to discuss the property. Please also let this letter confirm that I have talked with Jim Coleman of the Ramis firm. Jim earlier conferred with Tim Ramis who had received your e-mail note and letter. They agree that you are authorized to speak directly with me about this property. When I need to bring in the firm's real estate transaction attorney for details I will do so. I look forward to meeting with you. Bill Monahan City Manager (503) 639-4171, ext 306 bill@ci.tigard.or.us CC: JColeman@orccb.com ODONNELL RAMIS ET HL 503-243-2944 Mar 9 ,99 17 :05 No .007 P .01 RAMIS CxHw FACSIMILE TRANSMISSION COVER SHEET CORRICAN & J3At'HPACH, 1,1.P THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE ON THE INDIVIDUAL OR ENTITY NAMED AT-1'ORNLYS AT LAW BELOW. Jr THF: READER OP THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RPBPONSII3I.R TO DELIVER IT TO TI IP.INTIiNDPD RI?CIPII3NT,YOU ARE 1727 N.W. Hoyt Strict HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OP THIS P��ninnd,Uruynn 99209 COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL. (503)222.4402 Mr.SSAOP TO US AT THE AROVR ADDRESS VIA THE U.S.POSTAI.SERVICE. THANK YOU. Fax.(503)243-2944 DAT!~.: March 9, 1999 CLIENT NO.: 90024.07 1'O: William A. Monahan City of Tigard FAX #: 6844297 PHONF.#; 639-4171 FROM: James M. Coleman DESCRIPTION OF DOCUMENT TRANSMITTED; Copy of letter from John Gibbon r: acquistion of 10645 SW Walnut Street, COMMENTS; For your information, 2 PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RI?CI?1V1?Al.1..OF TI IF.PAGES,PLEAS1?CALL.Till?.UNI)I?RSIGNI?I) Al'(503) 222-4402 IMMEDIATELY, THANK YOU. SIGNED; Sharon R. Beisley, Legal Secretary and Assistant to Tim Ramis I I AN ORIGINAL.IS BEING MATI.RD ( I AN ORIGINAL.IS AVAILABLE UPON REQUEST ODONNELL RAMIS ET AL 503-243-2944 Mar 9 ,99 17 :05 No .007 P .02 03/09 13:01 1960 FROM: 603 884 8971 T0: 222 PAGE; 2 �OOs 03/09/90 11:18 FAX 903 884 8971 8HONK C1BON NOEL • JOHN T. GIBBON, ATTORNEY AT LAW Law Offices Of•Shonkwller-Hoelscher-Gibbon 10425 8W 72nAve. Phone(503)0244917 Tigard, Oregon 97223 FAX($03)6545071 Message($03)43241517 March 9, 1999 Tim Ramis Ramis, Corrigan Crew et al 1727 NW Hoyt St. Portland, OR 97209 VIA FAX(503)2224402 Re, City of Tigard'a Acquisition of 10643 SW Walnut St, Dear Tim: Per my voice mall messages to you regarding this matter I am writing to request you clarify how you want to prove ed with negotiations in this matter. Bill Monahan has written to my clients, on March 4, 1999, to respond to a verbal offer to sell that Mr. Kuhn made In a meeting with Bill, He Indicates that he nude to make a report to City Council this evening in executive session. This letter is Intended to assist you or him In making such a report the Council end to Inquire officially as to how negotiations in this matter will proceed from this point. It Is prepared on short notice In order to facilitate that report and hopefully move,what I Judge to be a mutually beneficial negotiation process, along. Although I have not yet had the opportunity to discuss this matter with my clients and so of course I am not authorized to make any alternate offer at this time I can represent to you that I have, in following through on my client's assignment on this matter, obtained information that will, i believe help my clients refine their current offer. I would note that from my client's point of view\that it is important that the City Council make a definitive statement as promptly as possible that the funds Involved for acquisition of the property will be available for use in rol4tively short order. In connection with further negotiations It appears from existing correspondence that the City le using procedures based on the Uniform Relocation Assistance and Real Property Acquisition Rules(49 CFR§24). In reviewing those rules i have developed several questions about their application In this situation which i would be glad to discuss with the City's responsible party as soon as possible. in that regard I note that Bill's letter suggests that a " review appraisal" has raised questions concerning the appraisal submitted by the Kuhn's In this matter and I accordingly draw your attention to the requirements of 49 CFR 24.104 to suggest that it provides a process for resolving those questions. Thank you for your attention to this matter be assured i stand ready to assist as directed by my clients to carry this meter through to a prompt resolution. ODONNELL RAMIS ET AL 503-243-2944 Mar 9 ,99 17 :06 No ,007 P .03 03/09 13:02 1999 FROM: 603 884 8971 TO: 222 PAGE: 3 03/09/99 11:18 FAX 603 884 8971 SHONE GIBON NOEL 1003 Sincerely, John T. Gibbon Attorney at Law jtg Enclosure: 0 co: file, clients 4 411/VV- /1114#1002- /z (:/171itt, 64 R v 2 3o From: Bill Monahan To: Jtgorygun@aol.com Date: Mon, Mar 8, 1999 10:21 AM Subject: Re: Kuhn's 10645 SW Walnut St.Acquistion John, Thanks for your note. I will call Tim. Bill Bill Monahan City Manager (503)639-4171, ext 306 bill@ci.tigard.or.us >>> <Jtgorygunaol.com> 03/08 9:07 AM >>> Bill, The Kuhn's have contacted our office on Saturday for advice on this matter. I have their material and I am reviewing it currently. I have contacted Tim Ramis by phone to confirm a protocal for working to a resolution on this matter. Based on a preliminary review of the matter we can see no reason that the basic course you suggest leading to mediation should not result in such a resolution., if we cannot achieve that goal before that process begins. A meeting on Tuesday may be difficult as I need to review material and other items about which the Kuhn's have concern but perhaps we can at least talk, if Tim approves, by phone. I hope some preliminary matters can be resolved then so that the concerns of both parties regarding this situation can begin to be resolved. Respectfully, John T. Gibbon MEMORANDUM Iii "1 �� CITY OF TIGARD, OREGON .,..�.. I• -', ll TO: Honorable Mayor and City Council FROM: William Monahan CONFIDENTIAL DATE: March 5, 1999 SUBJECT: Walnut Street Property Acquisition The Engineering Department has been preparing for the realignment of Walnut Street, scheduled to occur this summer. Acquisition of one property is necessary which must be completed by May 1, 1999, in order for bidding to proceed. Possession of the property is required by July 1, 1999, so that construction can proceed and be completed prior to the opening of Fowler Middle School in the fall. The acquisition of the residential property at 10645 S.W. Walnut Street has unique problems which require discussion with Council in Executive Session. The land is owned by a City employee and her husband, creating a somewhat awkward negotiation process. Facts are as follows: 1. The home is owned by Diane and Ed Kuhn. They have lived at the property for the past 26 years. 2. The house has approximately 2,232 sf, 1,100+ sf on the main floor and the remainder is a finished basement, and a parcel of approximately 13,800 sf. 3. The property is assessed for 168,550. 4. The City's appraisal for the property indicated a value of $185,000. 5. A review appraisal performed for the City indicated that the $185,000 value was high as the review appraiser determined that, among other things, the appraiser did not adequately adjust the value to account for high traffic volume on S.W. Walnut Street. 6. The Kuhn's had an appraisal prepared that indicated a value of $200,000. Originally, the Engineering Department was represented in acquisition discussions by David Evans and Associates. Initial contact was made with the Kuhn's prior to a meeting on November 18, 1998. After a few discussions and meetings, it became apparent that Page 2 the Kuhn's were not satisfied dealing with our.agent. The request was made that I meet with the Kuhn's to hear their concerns. I consented to a meeting, as I wanted to make sure that our agent was properly presenting our position. I met with the Kuhn's at their home on February 9, 1999. I learned the background of their ownership and I was advised that they had, on that day, sent their appraisal to David Evans and Associates. The Kuhn's needed clarification of 1) When the City needed possession of the property (i.e. when they needed to move by); and the extent of 2) Allowance for moving, storage, etc. I took the Kuhn's concerns to Gus Duenas and Vannie Nguyen of Engineering. They provided responses to my questions. I felt that with these answers, we were in a position to sit down with the Kuhn's to negotiate a transaction. The Kuhn's preferred this as they felt more comfortable dealing with me than continuing discussions with the David Evans and Associates representatives. A meeting was held on February 17, 1999, involving the Kuhn's, Gus, Vannie, and myself. The Kuhn's again expressed concern about the length of time which they had to find a suitable replacement home. We discussed options, such as the City assisting in the cost of temporary (rental) housing, storage, etc. A major concern of the Kuhn's is the fact that they own an RV, which they store in a covered area on their property next to their garage. Mr. Kuhn's site visits to all identified "comparable" houses on the market led him to conclude that their options for alternative suitable housing are very limited. They insist on keeping the RV, thus requiring a large side-yard setback to accommodate a covered area. During this meeting, after discussing ways that we could explore to help them to extend the time for their search (rental housing), while we could proceed with the purchase and construction, I asked them to state a selling price. We learned that although the Kuhn's arranged for an independent appraisal, which they submitted for our consideration, they consider that value to be low. When asked the selling price that they require, Mr. Kuhn responded by asking for $250,000. I responded that I could not recommend that amount, as we have no justification for it. The Kuhn's position is that since they do not want to sell, they have resided there for a number of years, and they are having difficulty finding comparable housing that suits their needs, that the City should pay for "pain and suffering". I explained that a package, which includes the appraised value (ours or theirs, or a negotiated point in between) plus some allowance for temporary housing and other reasonable expenses to which they are entitled by law could be considered. We concluded the meeting with a commitment to meet again after the Kuhn's had thought things over. I then was approached by Diane Kuhn on February 26, 1999, when she requested another meeting. We made arrangements for the meeting. I confirmed the meeting with a letter Page 3 dated February 26, 1999 (attached) which was hand delivered. Within the letter, I stated my hope that we would be hearing a proposal at the next meeting. The latest meeting was held on March 3, 1999. We began the meeting by discussing the news that the Kuhn's had negotiated the purchase of a property in Lake Grove. They have placed earnest money on the property and are inquiring of Clackamas County to determine if they can add an RV covered area. I asked if they had a sales price for us to respond to. The response was that they hoped we would have a "counter-offer'. I noted that the only figure that they had extended was $250,000 and that I clearly articulated a rejection of that price. I explained that all we have to go on that indicates value are the appraisals. I suggested that when they submitted their appraisal, we assumed that they did so to establish value. Mrs. Kuhn then said that that value is too low. They indicated they expected to receive some compensation for pain and suffering. I explained that we had to have justification for whatever we pay and asked what they would accept. Mrs. Kuhn asked me what I suggested as a value for their pain and suffering, I did not state a figure. After further discussion, as we were closing the meeting with a suggestion that they consult with their advisor and return with a counter-offer (as they said they were not prepared to give one at the time), they once again asked me what I would offer. I reluctantly replied that I would recommend to Council their appraisal price of $200,000, plus reasonable expenses required by law. They rejected this, asking whether the City Council was aware of their$250,000 price. I told the Kuhn's that I would consider discussing the issue with the City Council in Executive Session, presenting all information available. Following the conclusion of the meeting, I spoke with Gus and Vannie about options. On Thursday, I contacted Dom Colleta of the City Attorney's office to discuss the issue and to suggest that he prepare Jim Coleman for a March 9, 1999 Executive Session. In addition, Dom suggested that Bill Gaar of the Attorney's office would research whether other issues should be considered as Diane is a City employee. I drafted the attached March 4, 1999 letter advising the Kuhn's that I would be presenting the issue to Council in Executive Session and extending an opportunity to them to make a counter-offer. Gus and I would like to discuss this with Council in Executive Session on March 9, 1999, to seek Council's direction on the limits of any offer which we could make. Other alternatives should also be discussed. Please note that within page 2 of my March 4, 1999 letter, I suggested consideration of a third-party mediator. This idea had not been suggested earlier to the Kuhn's. Page 4 Attachments Attached are materials relevant to the negotiations. Vannie Nguyen prepared a memo which introduces the history of our contacts with the Kuhns as well as some key information. Please take note of the Estimate of Moving Expenses and Closing Costs. This summary, prepared by David Evans and Associates notes that the Kuhn's are entitled to approximately $12,000 moving and closing costs on top of a negotiated sales price. I:\AD M\JO\990305 M EM0-R E-KUH N.DOC March 4, 1999 Diane and Ed Kuhn 10645 S.W. Walnut Street Tigard, Oregon 97223 Dear Diane and Ed, Following our meeting last evening regarding the city's interest in your property at 10645 S.W. Walnut Street, I have thought quite a bit about how we can proceed to move our discussions along. To date, you have indicated a suggested purchase price of $250,000 plus payment by the City for various costs related to a move. I have indicated at both our meetings of February 17, 1999 and March 3, 1999, as well as in my letter of February 26, 1999, that neither the City's appraisal nor that of your expert justified that value. In fact, the City has a review appraisal which does not support that amount. You suggested at the meeting of March 3, 1999, that I provide you with a price which the City is willing to pay. I noted that I would recommend to the Council that the price be set at $200,000, the value established by your appraisal. You indicated to me that that price is too low. I am preparing information to discuss with Council in Executive Session on Tuesday, March 9, 1999. At that time, I will share with Council the nature of the discussions to date and the appraisal information. I will ask Council for direction. Unless you provide me with a written counteroffer by noon, March 9, 1999, I will advise City Council that to the best of my knowledge the price that you seek is $250,000 plus the relocation cost which we discussed. Once the City Council gives me direction, I recommend that we meet again. As I mentioned during our meeting last night, time constraints are beginning to be a factor. I would be available to meet with you on Wednesday, March 10, 1999. I would need to meet during the afternoon. I am not available in the evening. I am available Thursday, March 11, 1999 at noon, and Monday, March 15, 1999 at 4:30 p.m. If we could reach agreement on a purchase price, I could present that to the City Council on March 16, 1999 and get direction. Page 2 You may wish to consider involving your advisor at our next meeting. Last night you were unable to make a counteroffer without consulting with that person. To make our future meeting productive, that person's involvement could help. One other option available to us, which you may wish to consider, is the use of a third-party mediator to facilitate discussion between you and City Representatives. Your advisor certainly would be welcome at such discussions. If you feel that we are at the stage where a third-party neutral would be useful, please let me know. I look forward to hearing from you so that we can proceed to reach an agreement. Sincerely, William A. Monahan City Manager cc: Gus Duenas Vannie Nguyn I:\ADM\BILL\99304LTR-KUHN.DOC Al° CITY OF TIGARD Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-684-7297 TO: Bill Monahan FROM: annie T. Nguyen, P.E. DATE: March 5, 1999 SUBJECT: Walnut/Tiedeman Project No. 296 Per your request, attached are the following documents for the Walnut/Tiedeman project: • Vannie's diary of contacts. Please note that there were phone calls that were made between Ed/Diane and myself during the acquisition process to answer or respond to their questions. These calls were not logged. • David Evans' diary of contacts. • Estimate of Relocation Benefit. • Response from Diane & Ed Kuhn dated February 7, 1999, to David Evans' letter dated February 9, 1999. • 90 days notice letter from David Evans dated January 11, 1999. • Offer to purchase letter dated January 7, 1999, from David Evans. Please let me know if you need any additional information. hong -monahan-kuhn info.doc Walnut/Tiedeman Intersection Re-alignment November 18, 1999 MSA & Vannie met with Diane and Ed Kuhn at Public Works Dept. to explain the Walnut/Tiedeman project design and schedule. Vannie told them that the bid process and construction would begin April 1 and June 1, 1999, respectively. Showed them three alternatives including one preferred alternative that focused the construction impact to one lot (their home). They agreed it was the best option. November 18, 1999 Neighborhood meeting at Fowler School. City received no objection (for selection of the preferred alignment) from the citizens including Diane and Ed Kuhn. December 3, 1999 CIT meeting at Senior Citizen Center. Same information was presented to the public. No objection from the citizens including Diane and Ed Kuhn. i:\eng\98cip\walnuttMotes-meetings kuhn.doc MHk. 5.1J'Jy 1c:341-'M UHVIU LVHIV5-VUKILHI1U Diary of Contacts Ed and Diane Kuhn 10645 SW Walnut Street Tigard,Oregon 97223 Contact: Diane Kuhn, Work Phone:639-4171;ext.301; Work Fax: 684-8840. Ed Kuhn: Home Phone: 620-3073 Key: CEL=Carl Long,CFH=Christine Hermann,Right-of-Way Specialists for David Evans and Associates; 12/21/98 (CFH)CEL and I met with Ed and Diane Kuhn. Explained appraisal and relocation process. Gave them a copy of the Oregon Department of Transportation (ODOT) handout explaining relocation services,process,etc. CEL told them that the value range for house is in the$160,000 to$190,000 range based on his preliminary research of comparable housing. CEL and I did windshield survey of four comparable houses in Tigard.CFH inspected the Kuhn's house to establish number of rooms and amount of furniture to establish fixed payment for moving expenses related to relocation. 12/23/98 Worked on the appraisal of 10645 SW Walnut Street. Finished preliminary draft. (CEL) 12/28/98 Finalled the report. Made four original copies plus copy for tile. Will hand deliver to Vannie with cover of transmittal today. Value conclusion was 5185,000.00(CEL) 12/29/98 Voice message from Vannie. She indicated that appraisal amount looked ok and we could proceed with offer. Confirmed via voice message to Vannie that we would follow up with an offer letter and accompany letter with a copy of the appraisal.Vannie provided voice message that we could proceed to present offer letter on the Kuhn acquisition. Returned call and left message that received and would proceed. Also asked for a draft copy of the purchase agreement contract once price agreement is reached, (CEL) 1/5/99 (CFI-I)Discussed with Vannie the offer letter. Recommended Level 1 Site Assessment. Vannie will hire consultants. Gave her three names that Bob Gay of PDC gave to me. Vannie approved giving the appraisal to the Kuhns. Offer letter will be presented this week. Fax to Vannie and Dominic Collette,attorney for the City of Tigard. Set up appt. to present offer at 5:30 on Thursday to Ed and Diane Kuhn, 1/6/99 (CFH) Faxed copies of the offer letter to Vannie and Dominic Colette. Voicemail from Dominic that letter looked free. • 1/7/99 (CFH) Presented offer to Ed and Diane Kuhn. Reviewed appraisal. Explained that all comparable housing(comps)had larger main living level and additional bathroom. Their house had functional obsolescence as a result of only one bath.. Three best comps suggest value of$180K;trended value upwards to$185K due to 4th comp at higher value. Appraisal did not make a discrete adjustment for their location on a street heavily impacted by traffic although$5,000 to$7,500 could be justified based on market. Three is the minimum number of bedrooms they will accept in a comp.replacement dwelling. They will review the appraisal and respond with their decision. 1/8/99 (CFH)Called Vannie to discuss the presentation of the offer. Vannie said to use the May 1 deadline in the 90 day notice latter. Faxed the complete property description from the Multi-List three comps on one level to Diane Kuhn. Call from Diane Kuhn. Faxed PIHK. D.1777 10.341 I'I U-tV1U LVHI1D rL'r ILmilo IIV.ILU r .-4 seven other housed from Multi-List currently on the market that appear to fit their criteria to Diane Kuhn to help them in their search for replacement housing. She said that they will look at them this weekend and 6!,t me know on Monday. 1/11/99 (CFH)CEL and I inspected the three comparable replacement dwellings. Sent certified letter discussing relocation benefits/t0day notice to Ed and Diane Kuhn. Called Ed Kuhn. They are rejecting the offer a this time. The comparables did not have RV parking,a 4 car garage and a lot wit a side yard that can accommodate an RV. Discussed appeal process. Told him that they write a letter to me discussing the basis for the appeal. Left VM for Vannie to call me. i 1/12/99 (CFH) Called Ed Kuhn and again ed him to hire a realtor to assist them in finding a house. Also reiterated that he ghoul send me a letter with the basis for the rejection and a counter offer. Discussed the Kuhn 'position with Vannie. 1/14/99 (CFH) Call from Harold Slavick of ML Associates,Inc.(656-3625) Vannie hired him to do the Level I on the Kuhn pro . Discussed property access through the Kuhn. 1/26/99 (CFH) Ed Kuhn called, He asked-qf r a copy of the Uniform Relocation Act(URA). I answered his questions about the UIIA and explained that the text of the Act and subsequent amendments were available at the Government Printing Office in downtown Portland. Offered to send him pagesifrom Handbook 1378,a lengthy federal guide to administering the Act,if he had questions about specific issues. He asked if he received special consideration because of his ictirement status under Social Security Disability. Inquired about counseling,etc. I me tioned that we would provide transportation to look at houses and for other purposes reasonably necessary to accommodate his disability,if required. Ed said that he looked at the house with a shop on Walnut that CEL thought might fit their needs. It was nicely u ated but there is no attic ventilation, He has hired an appraiser and the appraisal will b ready in a couple of weeks. 1/26/99 (CFH) VM from Ed Kuhn. He would like listings of all vacant buildable residential parcels in Tigard from 10,000 to 20,000 square feet. VM to CEL. CEL to provide. 1/27/99 (CFH) Talked to Ed Kuhn. Told hint that CEL will pull lots from the multi-list. Discussed houses that he has seen tin morning. Discussed house on Walnut Street that we faxed him sheet from the multi-li t. Ed said it had no attic ventilation.. Discussed ventilation but Ed was adamant the p oblem could only be corrected with new roof. 1/28/99 (CFH) Faxed lot listings and several ne level single family home listings to Diane Kuhn. Spoke with Diane. She said tbat she is coping but that this is very hard on her. 2/9/99 (CFH)Letter dated 2/7 received from Ed Kuhn. Filed and discussed with Vannie. 2/11/99 (CFH) Received letter of dated 2/9/9 from Ed Kuhn and copy of the appraisal that he had done for his property. Talked with Ed. He will talk with his wife and make a counter offer for the sale of the house"and the value of a comparable replacement dwelling. His real estate agent is Bob Potter of ReMax Executive(phone 617-6490). Pager:790-6710;fax 617-7423). Adpress: ReMax Executive Realty; 16100 NW Cornell Road; Beaverton,OR 970001 Left message for Bob to call me regarding relocation impact on Kuhn home purhase. 2/23/99 (CFH)Call from Ed Kuhn inquiring hether or not they will respond to his offer of $250,000. Told Ed that I would have to talk to the City before I responded.Called Vannie. She said to let the City Manger continue talking to Ed. Suggested that a reasonable counteroffer to Ed's 5250 8000 would be to split the difference in the two I'll-1K. D.1777 1C•. •-/1I'I LI-1v u LVI-111D-1-...)K ILI111L 11V.LLU f ..� appraisals($200,000-5185,000=$15,000;$1S,000/2=$7,500.) Thus initial counteroffer would be$192,500($185,000=$7,500).Called Ed and told him that because he initiated negotiations with the City Manager,that he should continue to talk with the City Manager. 2/24/99 (CFH)Call from Vannie. She discussed Kuhn purchase negotiations with City Manager. He will do the negotiating so that there is one negotiator on behalf of the City. 3/2/99 (CFH)Called Bob Potter to inquire whether the offer that Ed Kuhn made on the house in Lake Grove was accepted. Bob said that he had left me a message that the Kuhn's counteroffer had been accepted,however,1 never received the message. They do have a signed earnest money. Scheduled inspection for 3/4/at 10:00 at 16720 Aster Avenue, Lake Grove. Bob to bring copy of earnest money agreement to the inspection. Condition in agreement that City of Tigard commit within 10 days of the signing to have the funds by May 1. 3/4/99 (CFH) Call from Vannie. Repotted on City Manager's meeting with Meeting with Ed and Diane Kuhn did not go well. City Manager offered the Kuhns$200,000,the Kuhn's appraiser's value of the house. Kuhn inquired about his$250,000 counteroffer. City Manager said he couldn't give away public funds without support for the purchase price. Ed to think about offer. CFH conducted decent,safe and sanitary inspection on potential Kuhn purchase at 16720 Aster Avenue. Passed inspection. Noted during inspection that back wall of garage is wet due to an apparent drainage problem from the roof. Bob said that Ed Kuhn and his brother who is a contractor have both thoroughly inspected the house. He said that Ed crawled under the house in the crawlspace and went up in the attic. Bob forgot to bring earnest money but will fax. Received earnest money. Sales price of£160,000. Call from Vannie. Meet at 8:00 a.m.to discuss. 3/5/99 (CFH)Met with Vannie to discuss Kuhn relocation. Provided copies of correspondence to and from Ed Kuhn. Called Bob Potter. Will fax memo to Bob noting that the house passed inspection and suggesting that the condition in the earnest money that the City assure the funds within 10 days of signing be extended because the condition has to met prior to the Council meeting on the issue under the agreement currently in place. MHR. 5.1999 1L;3JM DHV1ll tVHHS-HVKILHVL IYV.lcb V.c Estimate of Moving Expenses and Closing Costs For Relocation of Ed and Diane Kuhn March 5, 1999 Moving Costs: Moving Costs(Assumes Storage of Goods in Garage,Two Outdoor Sheds and Attic for Three Months): $10,300 Utility Hookups: $200 Total Moving Costs: $10,500 Closing Costs(Assumes no Mortgage for Displacement Dwelling): Expenses Incidental to Closing(Appraisal,Title Insurance,Escrow Fee): $1,500 Total Closing Costs: $1,500 Total Estimated Moving and Closing Costs $12,000 February 7, 1999 Christine Hermann, Real Estate Project Manager David Evans and Associates 2828 SW Corbett Avenue Portland, OR 97201 SUBJECT: 10645 SW Walnut Street-90 Day Notice To Move/Relocation Benefits Dear Ms. Hermann: In response to your letter of January 11, 1999, we are upset with the fact that we are being given a 90 day written notice of the date that we must vacate our residence,of twenty-six years. We met privately with Vannie T. Nguyen, P.E. Engineering Manager for the City of Tigard,and engineers from Murray, Smith&Associates on November 18, 1998. In that meeting we told them of my crippling Rheumatoid Ankylosing Spondylitis. The average homeowner moves every seven years. A 90-day notice would not be as much of a burden on them as it is to a resident who has lived in their home for 26 years. The City of Tigard purchased the property directly across the street from our home several years ago, and has done nothing with it until we petitioned the City of Tigard to annex for sewer. Since November, we have been looking for, and have Real Estate agents looking for homes in your"comparable replacement home"price range, and have not been able to find any unique homes, with large covered, RV parking like we have at our present home. Please note the picture on the appraisal cover sheet, done by your own firm, and you will see that we now have permanent covered large RV parking. Not one of your appraisal comparison homes has the parking amenities of our present home. Your"comparable replacement home"of 8330 SW Pine, is a home with extensive remodeling in the 1980's, which will not meet building codes with exterior siding in contact with the ground grade. If we had a large mortgage on our present home,you would not allow us to purchase a home that would not meet building codes. The home at 13560 SW 121 `Avenue has a faulty 110 outlet in the basement. The home at 8975 SW Pinebrook Court, we have tried to contact several times, with no reply. In the Oregon Department of Transportation pamphlet it implies that all replacement housing offered will be fair housing open to all persons, and will be a decent, safe and sanitary "comparable replacement homes". We hope that the City of Tigard and Christie Hermann with David Evans And Associates can come together and make us a reasonable offer so that the realtors can look for "comparable homes" in a broader area, and also for builders to find suitable lots. Sincerely, Edward T. & Diane F. Kuhn February 9, 1999 Christine Hermann, Real Estate Project Manager David Evans and Associates 2828 SW Corbett Avenue Portland,OR 97201 Dear Ms. Hermann: We are enclosing a copy of our Real Estate Appraisal that we had done on our home at 10645 SW Walnut Street. Please take the time to review the appraisal,and note the difference in the price range on your appraisal. Thank you. Sincerely , - Edward T. &Diane F. Kuhn POSSESSION " No person lawfully occupying real property shall "•.. a ° .- MOVING be required to move from his home,farm,or business a.y .� ° a x location without at least 90 days' written notice. A a ›, a E s''ti a a E o a'' a w a•c E .F "•a ' � ' ° � " ° ° 5 BECAUSE displaced residential occupant will not be required to ° a ° 0 a > o a o a s e, a os o o % •A move earlier than 90 days after the date comparable ,Som 0 3 0- -,C..' 3 0 F o ° a a o >, o c o . • replacement housing is made available. P4 co a d Z d u ° 3 d �r d y "v3 v� F z OF T H E < aa, _ The displacee will be notified 30 or more days w ' o ° a w 1.:..• prior to the date the property must be vacated.The 30- °� a w a 8 ti . TD a „ ° Cday notice will not be given until the property owner a o o o k ° 1 `' HIGHWAY has been paid for his or her property. However, if a Z a,n a c > a o o y ° • purchase does not require the person to move, the ) a o 0 ° o o . a ° a E. a y > agreement to purchase the property mayrequire the a d0 ° +, ° 0° ° ° 3 " ° ° ° a °' ° OR P P Y eq W U m a"a ^° O O ca a) O ,c4 C G. ,y .c os E y a person to surrender possession of his/her property as o 0 3 a C. " w,,. .-, upon payment. ° Cl o w o q w Q m ›, o o o D 3.2 .• 4, a 4 `a Q.) Z O. p h) o d ad o m a y o ., ai a. ti u y y � bp a) ° a � N � " ° c " a2 �� -0 7,9 PUBLIC PROJECTS? p as ° o r. ° 3 ? o a o 0 o as a -•-• „ se° as APPEALS co O a d O Z a- P. E, a " c� c4 a m a as P. c4 a 0 m " a Any relocatee who is dissatisfied with any ruling W A DESCRIPTION OF THE co a on his or her eligibility or claim for any relocation Z OREGON DEPARTMENT OF TRANSPORTATION benefit payment shall have the right of appeal.Appeal P �„ a'o RELOCATION ASSISTANCE forms can be secured from the right of way agent who is Ca o ca, ,.aj o o PROGRAM a a handling the property acquisition. The Chief Admin- d E ','*2 m c•Q c' istrative Officer of the Department of Transportation W o a a a has delegated his review authority to a hearings officer. Z a a u..0 Appeals must be filed with the board within 90 days -00 y a o y ° Department of Transportation policy after the State acts on a claim or denies eligibility fora o'b a`" a > requires that no family or individual will be g' YI rn m v c w^ a a� required to vacate anydwellinguntil such dis- benefit. F o o a y " placee has found or been offeed comparable U ng o••� ,a, 0 a o 2.S replacement housing. Any person making such an appeal will be given o o ° q."' aa, a a, c., a p, P full opportunity to be heard at an appealZ O.o " en 5 a, " " q "' a a pp y hearing o °�° o °' E.,q C ti a o All replacement housingoffered will be arranged to examine his or her complaint. A decision F o a ..,o a y a° ° ° o`" 3 fair housingp open to allpersons regardless of will be providedgivingreasons in support of the result d " a c3. ° a c " to Q0 ° a j' d P g PP U a � Cl) p q m bp ,.q reached. O ,.7 a o ° 3 v a a > C F a o race,color,religion,sex,or national origin. .] - 3 mow. m 0) " o 0 3 7 ° ° " ° °o, " .2 °, 0R; W F, O° 0:� % O f� wav P. dE O o O co0 Federal Department of Transportation RIGHT OF WAY AGENT W Order No.5620.1 sets forth the same require- r- r4 o ment for Federally-assisted projects. Relocatees will be given information regarding W w a ° 4 a Relocation legislation,because of its wide their eligibility and possible benefits by the right of o E a 0 o o scope,is somewhat complicated and difficult way agent assigned to acquire the property. a 0 ,o w P P O N y 3 to read and interpret.For the benefit of those E a Q,D En d who are affected by the Department of Trans- o y portation property acquisitions, this leaflet D.,o summarizes the principal provisions of reloca- m`... tion services and benefits. However, persons -a 0 o s -I, EU o reading this leaflet are urged not to form .,cs a o an" advance opinions as to the benefits and os 0 o a $ u - „ 'Cla, amounts to which they may be entitled. The o if Cto ° o right of way agent assigned to purchase aprop- aw ro C .. a Si o a E erty will have detailed information for dis- C O d -a o a a a a o o C. placed persons. N o V O a 9 2 00 C C Vi OO V a.CO a F an De . 7' D. F•� a z m w d b . " 0 7 ) D a r, a,g 734-3772(12-89) OREGON DEPARTMENT OF TRANSPORTATION 5 6 7 -'" GENERAL MOVING EXPENSES BUSINESS,FARM&NONPROFIT State acquired his or her dwelling, equals the actual ORGANIZATION cost which the owner is required to pay for a decent, Public Law 91-646,Title II,Section 216,states as fol- Service charges for reconnecting utilities are MOVING EXPENSES safe,and sanitary replacement dwelling or the amount lows: "No payment received under this title" (reloca- reimbursable except under schedule move procedures. determined by the State as necessary to purchase a tion payments) "shall be considered as income for the Displaced businesses, farm operations, and non- comparable dwelling,whichever is less.This payment purposes of the Internal Revenue Code of 1954;or for profit organizations are entitled to receive actual includes compensation for increased interest costs for the purpose of determining the eligibility or the extent reasonable moving expenses for moving personal prop- financing the replacement dwelling and actual closing of eligibility of any person for assistance under the INDIVIDUAL AND FAMILY erty a distance not to exceed a 50-mile radius or to the costs incidental to the purchase of replacement hous- Social Security Act or any other Federal Law." MOVING EXPENSES nearest available and adequate site. The actual and ing. reasonable cost of searching for a replacement location Any individual or family displaced by a Depart- may be claimed in an amount up to$1,000 for a farm or A displaced owner-occupant of a dwelling actually ment of Transportation project is entitled to receive a business. Such payments must be supported by owned and occupied by the owner for 90 days or more payment for reasonable expenses of moving personal receipted bills or other evidence of expenses incurred. but less than 180 days or a tenant-occupant of 90 days property a distance not to exceed a 50-mile radius or to or more immediately prior to initiation of negotiation RELOCATION SERVICES the nearest available and adequate site. for such property may be eligible for additional pay- As an alternate moving expense procedure,in the ments, the combined total of which may not exceed The Department of Transportation maintains In order to obtain a moving expense payment, a case of a self move, the business, farm operation, or $5,250.This payment is the amount necessary to make right of way offices in the following locations: displaced person must file, within 18 months after nonprofit organization may be paid an amount not to a down payment on the purchase of a replacement moving,a written claim with the Department of Trans- exceed the lower of two estimates secured by the g P dwelling and to reimburse the relocates for the actual portation on a form provided for that purpose.In some Department of Transportation from qualified moving cases,where it is to the benefit of the displaced companies. closing costs incidental to the purchase of the replace- 5821 NE Glisan Street 1299 NW Ellan Streetperson, ment dwelling.Necessary deposits for taxes and insur- Portland,Oregon 97213 Roseburg,Oregon 97470 a written arrangement with the Department of Trans- ance are not considered as closing costs.In those cases Telephone No. Telephone No. portation will allow the displaced person to present an Under certain conditions,businesses,farms,and where an owner-occupant of 90 days or more but less 238-8215 440-3383 unpaid commercial moving bill,and the Department of nonprofit organizations may receive payments for than 180 days or a tenant-occupant of 90 days or more Transportation will make payment directly to the direct losses of tangible personal property resulting chooses to rent instead of purchase a replacement 63055 North Highway 97 mover.If the residential displacee chooses,costs may from the necessity to relocate. dwelling, he or she may,under certain conditions, be 7165 SW Fir Loop PO Box 5309 be reimbursed according to a set schedule based upon eligible for a payment of up to$5,250 to rent a decent, the number of rooms of furniture to be moved. Tigard,Oregon 97223 Bend,Oregon 97701 safe,and sanitary replacement dwelling. Telephone No. Telephone No. A displaced or discontinued business or farm 639-7311 388-6196 operation,except advertising sign owners,may,under RESIDENTIAL MOVING SCHEDULE certain conditions,elect to receive a fixed payment in The rent payment is the increase in rent neces- 2111 Adams Street an amount equal to the average annual net earnings of sary to rent a comparable dwelling for 42 months or the 3000 Market Street NE PO Box 850 the business or farm operation during the two tax years amount determined by the State as necessary to rent a Unfurnished immediately preceding the year in which such business comparable dwelling for 42 months,whichever is less. Salem,Oregon 97310 La Grande,Oregon 97850 [Relocatee owns furniture] or farm operation is displaced. The payment cannot Telephone No. Telephone No. exceed$20,000 and will not be less than$1,000.Those 378-2641 963-3177 $250[1 rm] $550[3 rm] who choose the fixed payment are not eligible for any To be eligible for these benefits, the displaced $400[2 rm] $650[4 rm] other relocation benefit payment. occupant must occupy a decent, safe, and sanitary replacement dwelling within one year after the required These offices maintain current lists of replace- date $100 for each additional room date of displacement or within one year after the actual ment dwellings, businesses, and farms for displaced plusSTORAGE OF PERSONAL PROPERTY date of displacement,whichever is later. persons, as well as current data regarding required Furnished deposits for utilities,closing costs,typical down pay- Storage of personal property requires the written Claims for housing additives and rent supple- [Relocatee does not own furniture] ments,interest rates,and FHA and VA requirements approval of the Department of Transportation and ments must be made in writing on a Department of and information. The offices also have maps showing may not exceed twelve months except in unusual cir- Transportation form supplied for this purpose and the location of schools,parks,playgrounds,and shop- $225 for first room plus$35/each added room cumstances.It should be clearly understood that those must be filed with the Department of Transportation ping areas.Public transportation routes are shown,and dislocatees who accept the schedule move or fixed pay- no later than 18 months after the date of displacement schedules and fare information is available. Experi- REESTABLISHMENT PAYMENT ment are not eligible to receive the storage expense or six months after final adjudication of a condemna- enced right of way agents are available to aid displaced (businesses,farms,NPO's only) benefit. tion case. persons to the fullest extent.Right of way agents do not expect and will not accept any fee for any service ren- Displaced small businesses, farm operations and Before payments for any replacement dwelling dered. NPO's may receive a payment not to exceed$10,000 for REPLACEMENT HOUSING benefits can be made,the replacement dwelling must be expenses actually incurred to relocate and reestablish checked by Department of Transportation personnel to themselves at a replacement site.Eligible expenses can A displaced owner-occupant of a dwelling owned ascertain that it meets the decent, safe, and sanitary include repairs and improvements required by law, and occupied for 180 days or more immediately prior to standards established by the Federal Department of ELIGIBILITY replacement of soiled and worn surfaces at the replace- the initiation of negotiation for such property may be Transportation.It is recommended that this determin- ment site and other modifications. Also included are eligible for additional payments,the combined total of ation be made prior to a commitment to rent or buy. It is important to note that eligibility to receive exterior signing not to exceed$1,500,advertisement of which may not exceed$22,500. The decent, safe, and sanitary inspection of the any of the following benefits is not complete until you the replacement location not to exceed$1,500,and esti- replacement dwelling by agency personnel is for the have received a written notice of eligibility from the mated increased cost of operation for the first two years The replacement housing payment is the amount, sole purpose of determining a relocatee's eligibility for a State. not to exceed$5,000. if any,which when added to the amount for which the relocation payment. 1 2 3 4 DAVID EVANS AND ASSOCIATES, INC. 2828 SW Corbett Avenue CERTIFIED MAIL RETURN RECEIPT REQUESTED Portland,Oregon 97201 January 11, 1999 Tel: 303 223.6663 Fax:503.223.2701 Ed and Diane Kuhn 10645 SW Walnut Street Tigard, Oregon 97223 RE: 10645 SW Walnut Street-90 Day Notice To Move/Relocation Benefits Dear Mr. and Mrs. Kuhn: This letter serves as 90 day advance written notice of the date you must vacate your residence at 10645 SW Walnut Street. To meet the City of Tigard's bidding and construction schedule for the SW Walnut Street and SW Tiedeman project, you must vacate the property described above on or before May 1, 1999. When you do move, you will be entitled to relocation payments and other assistance in accordance with Federal regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). The effective date of this notice is January 7, 1999. You are now eligible for relocation assistance, including: Counseling and Other Advisory Services. Payment for Moving Expenses. You may choose either, (1) a payment for your actual reasonable moving and related expenses, or; (2) if you prefer, a fixed moving expense and dislocation allowance of $1,825.00. Replacement Housing Payment. Because you owned your home for at least 180 days prior to January 7, 1999,you may qualify for a replacement housing payment to cover the following costs: 1. Purchase Price Differential. We have determined that a "comparable replacement home" will cost more than the value of you present home, you may receive a purchase price differential payment up to $4,950.00 as discussed below. 2. Incidental Expenses. You will be reimbursed for all reasonable costs incidental to the purchase of you new home, such as recording fees, the title insurance premium and transfer taxes. .Mf GLoswL fi �`AWwNCE Outstanding Professionals . . . Outstanding January 11, 1999 gE) Page 2 INC. Listed below are three"comparable replacement homes"that you may wish to consider: Address Asking Name and Tele No of Person to Contact Price 1. 8975 SW Pinebrook Court $189,999 Debbie Schlueter, (503) 318-4540 2. 13560 SW 121st Avenue $189,950 Gary Gorsuch, (503)638-5098 3. 8330 SW Pine $189,900 Ginger Budrius (503) 817-9236 We would be pleased to assist you to inspect these homes. We believe that the unit at 13560 SW 121st Avenue is the most representative of your present home. Because that unit costs $4,950 more than we have offered you for your present home, you may be eligible for a purchase price differential of$4,950. This is the maximum differential that you are eligible to receive. If you purchase a decent, safe and sanitary replacement home that costs less than $189,950, the price differential would be based on the actual purchase price. Contact me immediately if you do not agree that these units are comparable to your home. We will explain the basis for selecting these units and if necessary, we will find other comparable homes for sale. Should you choose to rent rather than buy a decent, safe and sanitary replacement home, we will help you find such housing. Please read the relocation assistance brochure that you received at the time of the appraisal inspection of your home. It explains your rights and some things you must do to obtain a payment. For example, do not commit yourself to rent or buy a unit until we inspect it. I want to make it clear that you are eligible for moving expense and replacement housing assistance to help you relocate. In addition to housing referrals, counseling and other services are available to you. If you have any questions, please contact me at 499-0513. Remember, do not move before we have a chance to discuss your eligibility for assistance. This letter is important to you and should be retained. Sincerely, DAVID EVANS AND ASSOCIATES, INC. Christine Hermann Real Estate Project Manager DAVID EVANS AND ASSOCIATES, INC. 2828 SW Corbett Avenue HAND DELIVERED Portland, Oregon 97201 January 7, 1999 Tel: 503.223.6663 Fax:503.223.2701 Ed and Diane Kuhn 10645 SW Walnut Street Tigard, Oregon 97223 SUBJECT: OFFER TO PURCHASE 10645 SW WALNUT STREET Dear Mr. and Mrs. Kuhn: As you are aware,the City of Tigard is planning to improve the intersection of SW Walnut and Tiedeman Avenue. To construct the project,the City needs to acquire the property you own at 10645 SW Walnut for additional right-of-way and the construction of a water quality/detention pond. The City hired David Evans and Associates, Inc. (DEA)to represent them in acquiring the necessary right-of-way. Please consider this letter as the City's offer to acquire the real property identified on the attached Exhibit A. An appraisal of your property prepared by a qualified Appraiser accompanies this offer. Based on a careful consideration of market data and other factors which contribute to fair market value,"just compensation" for your property was determined. The Acquisition Summary Statement shown below summarizes the amount determined to be"just compensation" for your land and improvements. ACQUISITION SUMMARY STATEMENT Land and Improvements: $185,000 Damages: $00.00 Other : $00.00 TOTAL JUST COMPENSATION $185,000 Oregon law provides a minimum of 40 days from the date of this initial written offer to you,the owners,to consider accepting or rejecting it. Your decision to accept or reject may be made at any time prior to expiration of the 40 day period. The 40 day period expires on February 16, 1999 As the owner-occupants of the property,you may be eligible for relocation benefits and will receive a written notice explaining your potential relocation benefits. The City of Tigard is legally required to provide a minimum of 90 days before you must vacate your property. On behalf of the City, I will notify you in the near future of the specific date by which you must vacate the property. As of this date,the project is scheduled to begin construction on May 1, 1999. ss'HO GLoeAi•� ALLIANCE Professionals . . . Outstanding • "UUU DAVID EVANS AND ASSOCIATES, INC. Ed and Diane Kuhn January 7, 1999 Page 2 of 2 Thank you for your time and your consideration of this offer. If you have any questions, please feel free to call me at 499-0513. Sincerely, DAVID EVANS AND ASSOCIATES,INC. 1 Christine Hermann Real Estate Project Manager FOR: Vannie T.Nguyen, P.E. City of Tigard, Department of Engineering AU: Exhibit A , EXHIBIT A Lot 6, COTTONWOOD PLACE, in the County of Washington and State of Oregon. EXCEPTING THEREFROM that portion conveyed to Washington County for public way by Deed recorded July 10, 1975, Book 1033, Page 86. Ownership Information Page 1 of 1 Address: 10645 SW WALNUT ST -Larket Land Value: $60, 830 -1IKUHN, EDWARD T DIANE F-1 Tax Lot ID: 2S103AA01903 Market Bldg Val: $108,720 10645 SW WALNUT ST E Account: R469601 Market Total Val: $169,550 5 Prop Code: 101.0 Sale Date: I Taxcode: 023 .78 Sale Price: $0 TIGARD, OR 97223 _I http://www.c.../taxdet.CFM?TAXLOTS_TLID=2S103AA01903&TAXLOTS_ACT=R46960 3/5/99 Ownership Information Page 1 of 1 Tax Lot ID 7_rpe ]Area Value Plumbing Bedrooms 11y J 1100,58970 2S103AA01903 ,MAIN AREA �'j�BATH=0203 2S103AA01903 ,BASEMENT LOW COST FINISH 11100 123090011 750 113 2S103AA01903 GARAGE FINISHED 500 . 7 2S103AA01903 APPLIANCES 1 11470 2S103AA01903 STACKED 1 [5870 2S103AA01903 PATIO CONCRETE348 1870 2S103AA01903 WOOD DECK FIR W/RAIL J'384 3680 .../taxdetsite.CFM?TAXLOTS TLID=2S 103AA01903&XCOORD=7615220.59512&YCOORD=3/5/99 /41 ittik CITY OF TIGARD March 4, 1999 OREGON Diane and Ed Kuhn 10645 S.W. Walnut Street Tigard, Oregon 97223 Dear Diane and Ed, Following"our meeting last evening regarding the City's interest in your property at 10645 S.W. Walnut Street, I have thought quite a bit about how we can proceed to move our discussions along. To date, you have indicated a suggested purchase price of$250,000 plus payment by the City for various costs related to a move. I have indicated at both our meetings of February 17, 1999 and March 3, 1999, as well as in my letter of February 26, 1999, that neither the City's appraisal nor that of your expert justified that value. In fact, the City has a review appraisal which does not support that amount. You suggested at the meeting of March 3, 1999, that I provide you with a price which the City is willing to pay. I noted that I would recommend to the Council that the price be set at $200,000, the value established by your appraisal. You indicated to me that that price is too low. I am preparing information to discuss with Council in Executive Session on Tuesday, March 9, 1999. At that time, I will share with Council the nature of the discussions to date and the appraisal information. I will ask Council for direction. Unless you provide me with a written counteroffer by noon, March 9, 1999, I will advise City Council that to the best of my knowledge the price that you seek is $250,000 plus the relocation cost which we discussed. Once the City Council gives me direction, I recommend that we meet again. As I mentioned during our meeting last night, time constraints are beginning to be a factor. I would be available to meet with you on Wednesday, March 10, 1999. I would need to meet during the afternoon. I am'not available in the evening. I am available Thursday, March 11, 1999 at noon, and Monday, March 15, 1999 at 4:30 p.m. If we could reach agreement on a purchase price, I could present that to the City Council on March 16, 1999 and get direction. - 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 Page 2 You may wish to consider involving your advisor at our next meeting. Last night you were unable to make a counteroffer without consulting with that person. To make our future meeting productive, that person's involvement could help. One other option available to us, which you may wish to consider, is the use of a third-party mediator to facilitate discussion between you and City Representatives. Your advisor certainly would be welcome at such discussions. If you feel that we are at the stage where a third-party neutral would be useful, please let me know. I look forward to hearing from you so that we can proceed to reach an agreement. Sincerely, .r.0;w William A. Monahan City Manager cc: Gus Duenas Vannie Nguyen I:ADNI\BILL\99304LTR-KUHN.DOC �'/UiiurrdlljUp��lll`I�f(��� o� I CITY OF TIGARD OREGON February 26, 1999 Diane and Ed Kuhn 10645 SW Walnut St. Tigard,OR 97223 Dear Diane and Ed, I look forward to meeting with you both on Wednesday,March 3, 1999,at 5:00 p.m. at City Hall. I expect that both Gus Duenas and Vannie Nguyen will also be present. I hope that at the meeting we can follow-up on our earlier discussion of February 17, 1999,when we went over the City's property appraisal as well as that prepared by your appraiser. At that time I suggested that the City is open to hearing a proposal from you on a purchase price and,if necessary,assistance to obtain temporary housing while you purchase a replacement dwelling. During our meeting you suggested a purchase price of$250,000. I responded at the time that neither the City's appraisal nor that of your expert justified that value. I indicated that we are willing to consider the appraisal prepared by your expert,relocation assistance,and other options that you might present. We are interested in finalizing acquisition by May 1, 1999,in order for the City to take possession of the property by July 1, 1999,to accommodate the established construction schedule. I hope that this letter can be used as our starting point for our discussion next week. I look forward to meeting with you. Sincerely, c Williani A. onahan c: Gus Duenas Vannie Nguyen I:\ADMIESSICA\CORRESPO\ACQUISDIANED.DOC 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 February 7, 1999 Christine Hermann,Real Estate Project Manager David Evans and Associates 2828 SW Corbett Avenue Portland, OR 97201 SUBJECT: 10645 SW Walnut Street-90 Day Notice To Move/Relocation Benefits Dear Ms. Hermann: In response to your letter of January 11, 1999,we are upset with the fact that we are being given a 90 day written notice of the date that we must vacate our residence,of • twenty-six years. We met privately with Vannie T.Nguyen,P.E.Engineering Manager for the City of Tigard,and engineers from Murray, Smith&Associates on November 18, 1998. In that meeting we told them of my crippling Rheumatoid Ankylosing Spondylitis. The average homeowner moves every seven years. A 90-day notice would not be as much of a burden on them as it is to a resident who has lived in their home for 26 years. The City of Tigard purchased the property directly across the street from our home several years ago,and has done nothing with it until we petitioned the City of Tigard to annex for sewer. Since November,we have been looking for,and have Real Estate agents looking for homes in your"comparable replacement home"price range,and have not been able to find any unique homes,with large covered,RV parking like we have at our present home. Please note the picture on the appraisal cover sheet,done by your own firm,and you will see that we now have permanent covered large RV parking. Not one of your appraisal comparison homes has the parking amenities of our present home. Your"comparable replacement home"of 8330 SW Pine,is a home with extensive remodeling in the 1980's,which will not meet building codes with exterior siding in contact with the ground grade. If we had a large mortgage on our present home,you would not allow us to purchase a home that would not meet building codes. The home at 13560 SW 121'Ayenue has a faulty 110 outlet in the basement. The home at 8975 SW Pinebrook Court,we have tried to contact several times,with no reply. In the Oregon Department of Transportation pamphlet it implies that all replacement housing offered will be fair housing open to all persons,and will be a decent,safe and sanitary "comparable replacement homes". We hope that the City of Tigard and Christie Hermann with David Evans And Associates can come together and make us a reasonable offer so that the realtors can look for "comparable homes"in a broader area,and also for builders to find suitable lots. Sincerely, Edward T. &Diane F. Kuhn ARVIDSON & ASSOCIATES REAL PROPERTY APPRAISAL SERVICES 4535 SW 96TH AVENUE Beaverton, Oregon 97005 January 29, 1999 RENE 11 WE FEB 1 1999 Ms. Vannie Nguyen Engineer for City of Tigard CITY OF TlGARn 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Review of Appraisal Report covering the Real Property at 10645 SW Walnut Street Tigard, Oregon Appraisal Report prepared for the City of Tigard by David Evans and Associates, Inc. Dear Ms. Nguyen: As requested by you, I reviewed the above referenced property appraisal report. The appraisal is of the fee simple estate on a cash basis, with a date of value of December 21, 1998. This review should only be used in conjunction with the above referenced appraisal report. It should not be relied upon as a separate report or document. It is subject to the attached Certification and Assumptions and Limiting Conditions. Purpose and Scope of the Review The purpose of this review is to render an opinion as to the compliance of the appraisal report with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. The review does not include an alternative value estimate. The scope of the review included: -Reading the appraisal report -Viewing the subject property from the street -Viewing Comparables #1 and #4 -Verification of the accuracy of mathematical calculations -Verification of any other factual data that was in question -Assessing the appropriateness of the appraisal methodology used -Formulate an opinion as to the reasonableness of the appraisal conclusions Summary of Property Characteristics The subject of the appraisal report is a circa-1961 built, single family dwelling located in the City of Tigard, on a 13,800 sq.ft. corner lot situated along a minor arterial street (Walnut). The dwelling has 3-bedrooms and one bathroom on the main level, and a finished "walk-out" basement containing 2 additional bedrooms and one bathroom (plus a family room). There is a large 2-car attached garage, plus a single car carport adjacent the gaandage. quality of the house appearse site slopes down from tto be econsistenPwiths to the e landscaped in a typical fashion. style9 immediate neighborhood, and overall condition appears to be average. The appraiser concluded that the existing use was the highest and best use, as improved. Page 2/Review January 29, 1999 Market Value Estimate The appraisal contained four (4) recent sales of improved properties that were analyzed by adjusting their prices for items that differed significantly from the subject. The resulting adjusted prices were the basis of the final value conclusion, at $185,000. After review of the appraisal report, I have concluded that the appraiser's estimate of value is not adequately supported. The assumptions upon which the value was based were not extraordinary. For the most part, the appraisal report complies with the Uniform Standards of Professional Appraisal Practice - 1998 edition (USPAP). Attached, please find the Appraisal Review Summary, and other documentation. If there are any questions concerning this review, please do not hesitate to contact me. Thank you for the opportunity to be of service. Sincerely, Ole,L.91......____. Peter G. Arvidson, SRA, SRPA Arvidson and Associates Encl. APPRAISAL REVIEW SUMMARY Property Identification: 10645 SW Walnut Street, Tigard, Oregon Appraiser: Carl E. Long Date of Value: December 21, 1998 Date of Appraisal Report: December 22, 1998 Interest Appraised: Fee Simple Purpose and Use of Appraisal: Market value estimate for public acquisition Reviewer: Peter G. Arvidson, SRA, SRPA Date of Appraisal Review: 1-29-1999 Market Value Estimate by Appraiser: $185,000 ASSUMPTIONS AND LIMITING CONDITIONS 1. This Appraisal Review Report is based on information and data contained in the Appraisal Report, which is the subject of this review. All pertinent data and information from other sources is identified and included. 2. It is assumed that such data and information is factual and accurate. 3. The reviewer reserves the right to consider any new or additional data or information which may subsequently become available to revise opinions and conclusion, if such data and information indicates the need for change. 4. Unless otherwise stated, all assumptions and limiting conditions contained in the Appraisal Report, which is the subject of the review, are also conditions of the Appraisal Review. Review Summary/Page 2 January 29, 1999 1. Opinion as to the completeness of the report under review, in light of the requirements in USPAP 1 and 2. The appraisal included customary methods and techniques necessary for a credible appraisal. The Sales Comparison Approach and the Cost Approach were the two approaches used. The appraiser correctly stated that the Income Approach has limited or no application to this appraisal problem. The appraisal adequately communicated important assumptions. There was adequate neighborhood description and discussion of neighborhood trends, supply and demand facts, and other considerations needed for a convincing Highest and Best Use discussion. The descriptions and analyses of the subject property, while brief, were generally adequate, with the exception of the following shortcomings. 1) Location on busy through-street was not adequately address, and analyzed. 2) Single bathroom on main floor - a functional defect - was not adequately addressed, and analyzed. The report also left out the estimated "exposure time" linked to the value estimate (required by USPAP). The appraiser noted that the property's location on a busy street would impact on the amount of time it would take to sell the property. I sense that the appraiser has confused exposure time with marketing time, a common mistake made by appraisers. 2. Opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data. a) All of the Comparable Sale Properties were located on quiet neighborhood streets inside uniform subdivisions, while the subject property is located directly on the curve of a fairly busy through-street. No locational adjustment was made to any of the sale properties, even though the appraiser noted the need for adjusting in the adjustment grid, and commented in the addenda that this factor should have a value impact (page 4, under "Reconciliation"). I agree that there should be downward adjustment to the sale properties for this factor. b) All of the Comparable Sale Properties have two bathrooms on the main floor (presumably one bath being a master bathroom), while the subject has only one bathroom on the main floor (serving 3 bedrooms). The appraiser's adjustment of-$3,000 was without any market support. It is reasonable to believe that an adjustment of this item could, and probably would be significantly more. This seems to be a fairly obvious functional defect in the house; yet, no functional defects were noted in the report. It would have been much more credible if at least one of the sale properties had only one bathroom on the main floor, like the subject property. In the reviewer's opinion, at least one sale of a comparable house on a similarly busy street, and one or more sales involving house with single bathroom on the main floor should have been used to make the analysis more credible. These items represent significant defects in the subject property and required more market input. Review Summary/Page 3 January 29, 1999 The appraiser did a good job of explaining what his adjustments were for; however, market support for the adjustments was somewhat lacking. I realize that there are limitations on the appraiser for supporting each and every adjustment. But it would be much more convincing if say, the $1.00 per sq.ft. lot adjustment could be supported. I'm hopeful that the appraiser does not believe that gross lot size is the only determinant of lot value! 3. Opinion as to the appropriateness of the appraisal methods and techniques used and develop the reasons for any disagreement. The methodology used in the report was appropriate for the appraisal assignment and consistent with current appraisal practice and standards. The two approaches to value used were the Sales Comparison Approach and the Cost Approach, which is the norm for single family properties of this type. The appraiser did not use the Income Approach, with adequate justification. In the Cost Approach, the appraiser charged only 15% total accrued depreciation for this 37-year old house, which he said was based on an age-life ratio. His estimate of a 20 to 25 effective age, and a remaining life of 45 to 50 years seems reasonable for the improvements. However, by using his figures, I come up with a much higher depreciation amount, in the 30% to 33% range (ie: dep. = eff.age divided by econ.life, or 25 years divided by 75 year = 33.3%). This doubles the depreciation that the appraiser reported, which would effectively lower his final value estimate (in the Cost Approach) by about $25,000! 4. Opinion as to whether the analyses, opinion and conclusions in the report under review are appropriate and reasonable, and reasons for any disagreement. Based on the preceding comments, it is the reviewer's opinion that the following applies to the appraisal under review: 1) It did not properly identify and analyze the extent of obsolescence from the property's location on a busy through-street (locational), and because of the lack of a second bathroom on the main living level (functional). No sales having these characteristics were used. Understating or not recognizing these factors could easily lead the appraiser to an erroneous value conclusion; 2) It did not properly estimate total accrued depreciation in the Cost Approach, resulting in a significant overstatement of value; 3) It did not adequately reconcile his value estimates (from all approaches) into his final conclusion of value. The adjusted sale prices of Comparables #1, #2 and #4 (his best Comps) were $178,920 to $179,600, while Comp #3 was at $209,220. Without saying why, the appraiser concluded at $185,000 for the subject property. It seems reasonable that the final value conclusion would be $179,000! 4) The final reconciliation was weak. Three of the four sales indicated $179,000; yet, without explanation, the appraiser concluded $185,000. Review Summary/Page 4 January 29, 1999 CERTIFICATION OF REVIEWER The undersigned certifies that, to the best of his knowledge and belief: The statements contained in this Appraisal Review are true and correct; The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions; I have no present or prospective interest in the property which is the subject o the Appraisal Review Report, and I have no personal interest or bias with respect to the parties involved; My compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in, or the use of this Appraisal Review Report; I have not prepared this review based upon a required minimum value, a specific valuation or the approval of a loan; My analyses, opinions and conclusions were developed and this Appraisal Review Report has been prepared in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice, Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute; The use of this Appraisal Review is subject to the requirements of the Appraisal Institute and the State of Oregon, relating to review by its duly authorized representatives; As of the date of this Appraisal Review, I have completed the requirements of the continuing education program of the Appraisal Institute' I personally inspected the take areas of the subject property of the report under review; No one provided significant professional assistance to the person signing this Appraisal Review; I do not authorize the out-of-context quoting from, or partial reprinting of this Appraisal Review. Further, neither all nor any part of this Appraisal Review shall be disseminated to the general public by the use of media for public communication without the prior written consent of the review appraiser signing this Appraisal Review. Ape 1 .49` _ Peter G. Arvidson, SRPA, SRA Date Review Appraiser • David Evans and Associates, Inc. Fie No.TIGX0010 APPRAISAL OF y 'k�,a v x , {} r •# } fir, `, !+'.94Y".,di �. `� "' dt a� 4;111f � r ,7,;- . �� ,� YY , f S " ..., ..: Single Family Residence LOCATED AT: 10645 SW Walnut Street Tigard, Oregon 97223 FOR: City of Tigard, Engineering 13125 SW Hall Blvd. Tigard, Oregon 97223 AS OF: December 21, 1998 BY: Carl E. Long C000329 2828 SW Corbett Ave., Portland, Oregon 97201 Phone: (503)223-6663 Fax: (503)223-2701 David Evans and Associates, Inc. File No. TIGX0010 December 22, 1998 Vannie T. Nguyen, P.E. City of Tigard, Engineering 13125 SW Hall Blvd. Tigard, Oregon 97223 File Number: TIGX0010 Dear Vannie: In accordance with your request, I have personally inspected and appraised the real property at: 10645 SW Walnut Street Tigard, Oregon 97223 The purpose of this appraisal is to estimate the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the estimated market value of the property as of December 21, 1998, is: One Hundred Eighty-Five Thousand Dollars ($185,000) The attached report contains the description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. Sincerely, COAL Carl E. Long 0 2828 SW Corbett Ave.,Portland,Oregon 97201 Phone:(503)223-6663 Fax: (503)223-2701 Property Description UNIFORM RESIDENTIAL APPRAISAL REPORT File No.TIGX0010 Property Address 10645 SW Walnut Street City Tigard State Oregon Zip Code 97223 Legal Description Cottonwood Place, Lot 6 countyWashington Assessor's Parcel No. R0469601 Tax Year 97-98R.E.Taxes$1 .678.4151 Special Assessments$None v Borrower N/A Current Owner Edward & Diane Kuhn Occupant: XOwner (1 Tenant n Vacant w Property rights appraised TO Fee Simple n Leasehold I Project Type n PUD n Condominium(HUD/VA only) HOA$ 0.00/Mo. N Neighborhood or Project Name Cottonwood Place Map Reference TG 655 D4 Census Tract 319.03 Block 4 Sale Price$N/A Date of Sale N/A Description and$amount of loan charges/concessions to be paid by seller N/A Lender/Client C ity of Tigard, Engineering Address 13125 SW Hall Blvd.. Tigard, Oregon 97223 _Appraiser Carl E. Long Address 2828 SW Corbett Avenue, Portland, Oregon 97201 Location ❑X Urban ❑ Suburban ❑ Rural Predominant Single family housing Present land use% Land use change Built up ❑X Over 75% ❑ 25-75% ❑ Under 25% occupancy s RICE A r4 One family 80 ❑X Not likely ❑ Likely Growth rate ❑ Rapid ❑X Stable ❑ Slow ❑X Owner 130 Low New 2-4 family 5 ❑ In process Property values ❑ Increasing ® Stable ❑ Declining ❑ Tenant 300 High 65+ Multi-family 5 To: Demand/supply ❑ Shortage ❑X In balance ❑ Oversupplyr❑X Vacant(0-57.) < Predominant€ f':<' `.s':Commercial 10 Marketing time n Under3mos. n r 3-6 mos. t 1 Over 6 mos. 1 1 Vacant(over5%) 180 25-30 ( ) Note:Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteristics: The neighborhood is bounded on the North by SW Tigard St. on the o South b Bull Mt. Rd. on the West b SW 1 2nd Av. and on the East b SW Hall Blvd. o Factors that affect the marketability of the properties in the neighborhood(proximity to employment and amenities,employment stability,appeal to market,etc.): cc The subject's neighborhood appears to be relatively stable within the marketplace. The homes • located within the subject area display a typical style in relation to competing neighborhoods. w The attached addendum discusses in more detail the affects within the regional marketplace. z Schools, public transportation, and other major amenities are within typical distances of the subject neighborhood. Market conditions in the subject neighborhood(including support for the above conclusions related to the trend of property values,demand/supply,and marketing time --such as data on competitive properties for sale in the neighborhood,description of the prevalence of sales and financing concessions,etc.): The attached addendum outlines and provides an analysis of current market conditions for the market area. The comparables offered enable the reader to evaluate the current market conditions for homes sold during the past year in relation to the subject neighborhood. See addendum. o Project Information for PUDs(If applicable)--Is the developer/builder in control of the Home Owners'Association(HOA)? ❑ YES 0NO E Approximate total number of units in the subject project N/A Approximate total number of units for sale in the subject project N/A . _Describe common elements and recreational facilities: According to the owner the sub ject is not within a PUD. Dimensions See attached legal description and plat map Topography Level to sloping Sitearea 13800 square feet, approximately Corner Lot ❑X Yes ❑ No Size tical for area Specific zoning classification and description R-4.5 7.500 SF Minimum Residential Shape Irregular Zoning compliance ❑X Legal ❑ Legal nonconfomung(Grandfathered use) ❑Illegal ❑ No zoning Drainage Appears adequate Highest&best use as improved: n Present use n Other use(explain) View Residential Utilities Public Other Off-site Improvements Type Public Private Landscaping Typical Liil Electricity ❑X Street Asphalt ❑X ❑ Driveway Surface Concrete/Asphalt N Gas ❑X Curb/gutter None ❑ ❑ Apparent easements Typical Utility Water ❑X Sidewalk None ❑X ❑ FEMA Special Flood Hazard Area ❑ Yes ❑X No Sanitary sewer �❑X1 Street lights Yes ❑X ❑ FEMA Zone C Map Date 3/1/82 Di(i( Storm sewer Alley None n n FEMA Map No. 410276 0003B Comments(apparent adverse easements,encroachments,special assessments,slide areas,illegal or legal nonconforming zoning,use,etc.): There were no apparent adverse conditions noted upon inspection of the subject property. The subject is considered typical for the area. No special assessments. See addendum. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No.of Units One Foundation Concrete Slab Garage/Bsmt Area Sq.Ft. 1100 Roof n No.of Stories One+Bsmt Exterior Walls Wood Lap Crawl Space No %Finished 100 Ceiling Type(Det./Att.) Detached Roof Surface Asph Comp Basement Yes Ceiling D=ywall Walls ❑ Design(Style) Dayranch Gutters&Dwnspts. Metal Sump Pump None noted Walls Drywall Floor ❑ O Existing/Proposed Existing_ Window Type g1 Pn Alm Dampness None noted Floor Cpt/Vinyl None ❑ z Age(Yrs.) (1961 )37 Storm/Screens Some/Some Settlement None noted Outside Entry Yes Unknown ❑X w Effective Me(Yrs.) 20-25 EF Manufactured House No Infestation None noted NA • ROOMS Foyer Living Dining Kitchen Den Family Rm. Rec.Rm. Bedrooms #Baths Laundry Other Area Sq.Ft. a Basement 1 2 1 1 1 ,100 7. Level 1 1 1 3 1 Nook 1 .132 O Level2 0 z 0 II: Finished area above grade contains: 5 Rooms; 3 Bedroom(s); 1 Bath(s): 1 ,132 Square Feet of Gross Living Area 0 INTERIOR Materials/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE: w Floors Carpet/Vinyl A Type FA Refrigerator ® None ❑ Fireplace(s)#2 ❑X None ❑ O Walls Drywall Avg Fuel Gas Range/Oven ❑X Stairs ❑ Patio Covered ❑X Garage #of cars Trim/Finish Wood Avg_ConditionAvg Disposal ❑X Drop Stair ❑ Deck Wood ❑X Attached 2 Car Bath Floor Vinyl Avg_COOLING Dishwasher Q Scuttle 0 Porch ❑ Detached Bath Wainscot Plast/Tile Avg Central Yes Fan/Hood Q Floor ❑ Fence Wood Q Built-In Doors Hollowcore Avg other None Microwave ® Heated ❑ Pool None ❑ Carport 1 Car _ ConditionN/A Washer/Dryer n Finished n Hot tub/Shed (1) Driveway 4 Car Additional features(special energy efficient Items,etc.): The subject appears to be average and typical for the neighborhood. The quality throughout is average. See addendum for additional comments. N Condition of the improvements,depreciation(physical,functional,and external),repairs needed,quality of construction, remodeling/additions,etc.: The Z overall condition of the subject appears to be typical, without any adverse conditions noted m upon inspection. There were not any functional inadequacies that affect the subject's value. gThere were not any indicated repairs for the subject. Adverse environmental conditions(such as,but not limited to,hazardous wastes,toxic substances,etc.)present in the improvements,on the site,or in the immediate vicinity of the subject property: There were not any observable adverse environmental conditions noted in the improvements, on the site, or in the immediate vicinity of the subject. Freddie Mac Form 70 6-93 PAGE 1 OF 2 Fannie Mae Form 1004 6-93 This form.n proAxed on Th.Appr.o.rs Chaco Les.rForm system(800)234-URAR Valuation Section UNIFORM RESIDENTIAL APPRAISAL REPORT File No.TIGX0010 ESTIMATED SITE VALUE _ $ 60,000 Comments on Cost Approach(such as, source of cost estimate, ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: site value,square foot calculation and for HUD, VA and FmHA,the Dwelling 1 ,132 Sq.Ft. e $ 70.00 = $ 79,240 estimated remaining economic life of the property): Information 3 Bsmt. 1100 Sq.Ft. o $ 35.00 =. 38,500 for the cost approach has been derived from 0 2F/P,Patio,Deck,Shed 12,600 the Marshall and Swift residential cost a Garage/Carport 1 ,026 Sq.Ft. e $ 0.00 = 18,400 handbook. Depreciation figures used are a Total Estimated Cost New = $ 148,740 representative of a cost to cure amount, and ca Less Physical FunctionalExternal calculated using the age/life method. Land o o Depreciation 15% 0%I 0% = $ 22,311 value is estimated from a review of sales. Depreciated Value of Improvements = $ 126,429 The estimated remaining economic life of the "As-is"Value of Site Improvements . $ 5.500 subject property is 45 to 50 years. _INDICATED VALUE BY COST APPROACH = $ 191 .900 ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 10645 SW Walnut Street 10885 SW Derry Dell C 11575 SW Terrace T.Dr 13065 SW 107th Court Address Tigard Tigard Tigard Tigard :. : ;:.; :;>;:.;:.:.;;: 4 Blocks South 7 Blocks Southwest 2 Blocks South Proximityto Subject:''<<:«'':::<;«�:[:>:€<'>:'<`:>..... :....:.....: .:::::: ::::::.;: ..:::.........:..........:.:::. 215,000 • N/A :>;:«:::>::»::::::::r;:::»::>::>::>;:$ 186, 00 ::>::>::>::»>::>::»::>::>::>::>::>::>:>::::$ ..........�....�.! ::::::::r............... ;:.;:.;:.;:.;:.;:.;»:.;:.;:..:.:;.;:.;;::>::: Sales Price $ :»::>::>::»>::>:<:>::::>::>::>::>::>::>::::» :::::>< :::>::>::>::::>::::>>::::>:::»:: 161 . 0 Price/Gross Liv.Area $ 0.00 $ 126.27 ::>::>::>:«:>::::>::>::>::>::::>:::<:>;::>:>:>::$ 118.97 ::.::.>:.;:.;:.;::.;:.;;;:.;:;.;:.;;:::::::$ 9 Data and/or Inspection RMLS/Metroscan RMLS/Metroscan RMLS/Metroscan Verification Sources Metroscan Doc. # 98-108130 Doc. # 98-45984 Doc. # 98-70585 VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION •(-)$Adjustment DESCRIPTION •(-)$Adjustment DESCRIPTION +(-)$Adjustment Sales or Financin ><€::Conventional Conventional Conventional Concessions Mon e Known None Known None Known 6/ 0/98 Close Close 3 'f >>9/28/98 Close 5/4/98 Date of Sale/Time [NfA€'�'<>`'<'r'<?''�'rs<... Location Average Average + Average + Average + Leasehold/FeeSimple Fee Simple Fee Simple Fee Simple Fee Simple Site 13800 SF Apx 16200 SF Apx Equal 7500 SF Apx +6,300 8000 SF Apx +5,900 View Residential Residential Residential Residential Design and Appeal Dayranch/Avg Dayranch/Avg Split/Avg Equal Dayranch/Avg Quality of Construction Average Average Average Average + -5,000 Ade 37A/20-25 EF 38A/20-25 EF Equal 22A/15-20 EF -2,500 21A/15-20 EF -2.500 m Condition Average Average AverageAverage N , ,Above Grade Total ; Bdrms; Baths Total; Bdrms, Baths Total Bdrms , Baths Total Bdrms , Baths a Room Count 5 3 '. 1 6 : 3 '. 2 -3,000 6 3 '. 2 -3,000 6 3 : 2 -3,000 a Gross Living Area 1 ,132 Sq.Ft. 1 ,477 Sq.Ft. . -6.900 1 ,534 sq.Ft. . -8,000 1 ,328 Sq.Ft. -3,900 o Basement&Finished 1100 Sq.Ft. 1237 Sq.Ft. Equal 938 Sq.Ft. +1 ,620 1328 Sq.Ft. -2,280 s Rooms Below Grade Fm,BA,2Bd Fm.BA,Bd.Bns Equal Fm,BA,Bd.Bns Equal Fm,BA,Bd,Ut Equal a Functional Utility Average Average Average Average 0. o Heatnq/Coolinq FAGas/CentralFAOil/None +3,000 FAGas/Central Equal FAGas/None +3.000 U Energy Efficient Items Some Insul Some Insul Some Insul Some Insul w Garaqe/Carport 2 Car Gar/CPT2 Car Garage +2,000 2 Car Garage . +2,000 2 Car Garage +2,000 ctPorch,Patio,Deck, Patio,Deck Similar Similar Similar Fireplace(s),etc. 2 Fireplaces 3 Fireplaces -1 ,000 2 Fireplaces Equal 2 Fireplaces Equal Fence,Pool,etc. Fence,Shed Fence,Pool,SC. -1 ,000 Fence Equal Fence Equal Built-ins Built-ins Built-ins . Built-ins >;»>::>:::;:»>:::<:>:«::;;:::> ::»»:;;>::»::: nn + X - �$ 6.900 [j+ 5-o - i$ 3.580 . 1+....: -:..:::$ 5,780 Net Adj.(total) '�>��': 1:::.1.......� :. �y {� �s/ �.s��.s .: .: ' Sales Price ::»:::>::<::«`;::;::;;:;;::`;;:`:;::;;::;:.... Adjusted 1 :�;:.>;;<:..:.:::.: .; 8 20 : t.t::.:.;:.;:.: 2.:.:<?".;$ 209,220 ��::R ::> �:.�:><::::> 1 600 Net...:::::::::.2....t�:.$ 17 .9 .N.. of Comparable ................................> ��''t:.:::. :::.37:$ 79. Comments on Sales Comparison(including the subject property's compatibility to the neighborhood.etc.): The subject property is considered typical for the subject area. with no negative compatibility deficiencies other than those noted below or in the attached addendum. The indicated value of the subject property trends toward comparables one, two, and four as adjusted with comparable three establishing the very upper limit of the value. All comparables had larger main level living areas with an extra bath. See addendum for further details regarding the subject and all comparables. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Date,PriceandData No sale in No prior sales within No prior sales within No prior sales within Source for prior sales last year. past twelve months. past twelve months. past twelve months. withinyearotappraisal Cnty records.County records. County records. County records. Analysis of any current agreement of sale,option,or listing of the subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: There were no sale agreements made available to the appraiser for the subject property or any of the comparables utilized within this report. INDICATED VALUE BY SALES COMPARISON APPROACH $ 185.000 _INDICATED VALUE BY INCOME APPROACH(If Applicable)Estimated Market Rent$ NA/Mo.x Gross Rent Multiplier NA = $ NA This appraisal is made U "as is" U subject to the repairs,alterations,inspections or conditions listed below U subject to completion per plans and specifications. Conditions of Appraisal: The appraisal has been made "as-is" with no noted repairs for the subject property. See addendum for further details. Final Reconciliation The sales approach offers the most reliable indicator of value and accurately measures buyer/seller reactions in the marketplace. The cost approach supports the market value was given n. The e pproach is le r his oa rz Thepu pose of this appraisal istosecondary ituate the market of tope real roperty that is heasuu subject of this report,based on above conditions and the certification,coingereport. " and limiting conditions,and market value definition that are stated in the attached Freddie Mac Form 439/Fannie Mae Form 10048(Revised 6/93 )• z I(WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT,AS OF December 21 , 1998 Ov (WHICH IS THE DATE OF INSPECTION AND TH EFFECTIVE DATE OF THIS REPORT)TO BE$ 185,000 CWC APPRAISER: SUPERVISORY APPRAISER(ONLY IF REQUIRED): Signature etaL �''"Signature Q Did Did Not Name Carl E. Long ( ) Name Inspect Property Date Report Signed December 22. 1998 v Date Report Signed State Certification# C000329 State OR State Certification# State Or State License# State Or State License# State Freddie Mac Form 70 6/93 PAGE 2 OF 2 Fannie Mae Form 1004 6/93 This Sorer/as produced on The Appraisers Choice L.serForm system(8001 234-U7AA Appraisal Services Supplemental Valuation Section UNIFORM RESIDENTIAL APPRAISAL REPORT File No.TIGX0010 ITEM SUBJECT COMPARABLE NO.4 COMPARABLE NO.5 COMPARABLE NO.6 10645 SW Walnut Street 13175 SW Ash Drive Address Tigard Tigard Proximity to Subject ' ':> >' ' ':> >>>> `:<6 Blocks Easterly' 8 000 >> `�'� <`:>> >' >`< $ ... Sales Price $ N/A $ 16 . .........:... . .. OMMUngagn Price/Gross Liv.Area $ 0.000 $ 136.59 0::.;:.;:.;;::.;:.;;;;:;.;::.;:.;:.;;:.:;.;:<.$ Data Source Inspection RMLS/Metroscan Verification Source MetrosCan DOC. # 98— VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION «(-)s Adjustment DESCRIPTION «(-)s Adjustment DESCRIPTION «(-)s Adjustment Sales or Financing `:>Conventional Concessions ENone Known Date of Sale/Time [€ t A»< '`>< <'.>«".>'.''` >11/19/98 Clos Location Average Average Leasehold/Fee Simple Fee Simple Fee Simple Site 13800 SF Apx 9840 SF Apx +4,000 View Residential Residential Design and Appeal Dayranch/Avg Dayranch/Avg Quality of Construction Average Average — +5,000 Age 37A/20-25 EF 32A/20-25 EF co Condition Average Average r Above Grade Total Bdrms; Baths Total; Bdrms; Baths Total; Bdrms i Baths Total; Bdrms, Baths Z Room Count 5 : 3 '. 1 5 2 : 2 —3,000 , Z Gross Living Area 1 ,132 Sq.Ft. 1 ,230 Sq.Ft. , —2,000 Sq.Ft. . Sq.Ft. , N Basement&Finished 1100 Sq.Ft. 1230 Sq.Ft. Equal a Rooms Below Grade Fm,BA,2Bd Fm,BA.2Bd Equal a Functional Utility Average Average 0 Heating/Cooling FAGas/CentralCeilElec/None; +5.000 E Energy Efficient Items Some Insul Some Insul a Garage/Carport 2 Car Gar/CPT2 Car Garage +2,000 Porch,Patio,Deck, Patio,Deck Similar Fireplace(s),etc. 2 Fireplaces 2 Fireplaces Fence,Pool,etc. Fence,Shed Fence.Cntl Vc, Equal Built—ins Built—ins X + ('� $ 11 ,000 ��--�}} + (� - $ 0 + - �$ 0 Net Adj.(total) :>::::«::«:::»:'r:'r:>::>::?:'•'•"''�:�:'`�` �.::.:..n_...... : l.,,J Adjusted Sales Price """" ���"""'""� : ::: 2>:::..::: 1 ::;:::>::>::»::;;:.:.:.;:.;:.;;:.;:;::::.>; .....::A:: %::5::' '':::::..::: 0 Ilei..�ie.:.:.:.:>:.::.;:.:0.:r.�;.$ 0 of Comparable ..............>> I!18f1K...:::::::::�i:...•f'�.•:$ 179,000 N�'.':t.:.:.;:.::.>;;;:fl.:::fl:.$ Comments on Sales Comparison(including the subject property's compatibility to the neighborhood,etc.): The additional comparable provided on this page is to allow the reader a broader understanding of the market data available within the immediate subject neighborhood. See addendum for further comments on each of the comparables utilized within this report. ITEM SUBJECT COMPARABLE NO.4 COMPARABLE NO.5 COMPARABLE NO.6 Date,Price and Data No sale in No prior sales within Source for prior sales last year. past twelve months. within year of appraisal Cnty records.County records. Analysis of any current agreement of sale,option,or listing of the subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: rn f- 2 2 2 0 U J z 0 I 0 0 This form was produced co Th.Apprsnrs co,.,.LnxFrm system(800)234-UiAR David Evans and Associates, Inc. Appraisal Addendum ADDENDUM: SUMMARY REPORT-COMPLETE APPRAISAL NOTICE: 1.THIS REPORT PRESENTS ONLY A SUMMARY OF THE MATERIAL AND ANALYSES USED IN THE APPRAISAL PROCESS TO ARRIVE AT THE OPINION REPORTED HEREIN.SUPPORTING DOCUMENTATION IS RETAINED IN THE APPRAISER'S FILE. 2.THIS REPORT IS INTENDED TO COMPLY WITH UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP)AS SET FORTH UNDER STANDARD RULE 2-2(b). 3.THE CONTENT OF THIS REPORT IS SPECIFIC TO THE NEEDS OF THE CLIENT AND FOR THE EXPRESS PURPOSE STATED BELOW. 4.THE APPRAISER DOES NOT SUPPORT AND WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED USE OF THIS REPORT. CLIENT: City of Tigard,Engineering SUBJECT: 10645 SW Walnut Street Tigard,Oregon 97223 PURPOSE OF THE APPRAISAL: This appraisal provides the appraiser's best estimate of the market value for the fee simple interest in the subject property as of December 21, 1998. INTENDED USE OF REPORT: This appraisal is intended for the sole purpose of assisting City of Tigard,Engineering in evaluating the subject property market value for the purpose of acquisition for the Walnut/Tiedeman realignment project. INTEREST VALUED: Fee Simple EFFECTIVE DATE OF VALUE: December 21, 1998 DATE OF REPORT: December 22, 1998 APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal,the appraiser inspected the subject site and both the exterior and interior of the improvements.Information on comparable land and improved sales,rents,construction cost,and accrued depreciation was gathered,confirmed,and analyzed.Only the sales comparison and the cost approaches were applied. In the opinion of the appraiser,it is the industry standard to not utilize the income approach when evaluating single family residential property of this type because the scarcity of information could lead to less reliable conclusions. To develop the opinion of value,the appraiser performed a complete appraisal process,as defined by the Uniform Standards of Professional Appraisal Practice.This means that no departures from Standard 1 were invoked. This summary appraisal report is a brief recapitulation of the appraiser's analyses and conclusions. Supporting documentation is retained in the appraiser's file. DESCRIPTION OF THE SUBJECT NEIGHBORHOOD: The subject is located in the City of Tigard which is within the Portland commercial metropolitan area. Demand for housing in and around the Tigard area has been stable during the past three to five years, resulting in a generally consistent supply of both single-family and multifamily residential properties in the area. The economic outlook for both the immediate future and over the long term for Tigard is stable. Population and household growth are expected to continue to be stable. The neighborhood consists of a mix of similar quality one and two story homes of varying design and type. The immediate neighborhood consists predominantly of detached,one and two-story,traditional style residences built up to 65+years ago.Most are of average construction quality and are generally well maintained.Vacancy has been generally below 5%during the last three years. Traffic volume near 10645 SW Walnut Street is typical of a secondary traffic arterial that is moderately busy during rush hours.There is a minor negative impact on the subject in competing with other houses in the area. PLANNED UNIT DEVELOPMENT: According to the owner,there is not a homeowner association,there are no common areas or homeowner dues and the property is not part of a Planned Unit Development. DESCRIPTION OF THE SUBJECT SITE: The subject site contains approximately 13,800 square feet,and is irregular in shape. The site is level to sloping and soil conditions appear to be typical for the area.The property is served by public sewer and water. The property is not located in a FEMA-identified special flood hazard area. ZONING: This parcel is zoned R-4.5 which allows new single family development on minimum site sizes of 7,500 square feet.The subject use as single family residential is legally conforming and a structure for that purpose is rebuildable within one year if destroyed by fire or natural disaster. EXTERNAL DEPRECIATION: A discrete adjustment has not been taken for external depreciation. Traffic from Walnut Street does impact subject and would typically result in a reduction in the marketability of the property. This has been considered in the final value reconciliation. DESCRIPTION OF THE SUBJECT IMPROVEMENTS: The subject is improved with a detached,two-story,dayranch style house containing approximately 1,132 square feet on the main level with an additional 1,100 square feet on the basement level. According to public records, it was constructed in 1961 and it is typical for houses built during that period. The wood frame construction has a cedar lap wood siding exterior,newer asphalt composition roof,single pane metal windows,with some storm windows and screens,and metal gutters and downspouts. The interior walls are textured,painted and papered drywall.The floor coverings are carpet and vinyl.The two baths have vinyl floors with a plastic and tile enclosure or surrounds above the tubs.The main level rooms include: a living room,kitchen,three(3)bedrooms,one(1)full bathroom and eating nook.There are approximately 1,100 square feet in the basement and it is completely finished.The basement rooms consist of a family room, two(2)bedrooms,one(1)full bathroom and a utility room.There is an attached,double car garage with a shop area and an attached carport.There is a covered cement patio adjacent to the basement level and a 12 foot by 44 foot deck adjacent to the main level. Public records indicate the last document regarding ownership or security interest transfer of the subject property is a deed.This document was effective more than twelve months prior to this inspection date.The ownership interest has been with Edward&Diane Kuhn for more than one(1)year.The subject property has not been listed within the last twelve months.Listing information for the subject property has been researched utilizing the Realtor Multiple Listing Services available to the appraiser. The appraiser has no knowledge of the owner privately offering the subject for sale. FUNCTIONAL DEPRECIATION: There was no functional depreciation noted at the time of inspection. REPAIRS AND MAINTENANCE: No repairs or maintenance needs were noted or called for at the time of inspection. HIGHEST AND BEST USE: Neither demolition of the existing improvements and redevelopment of the subject site nor modification of the existing improvements would result in a higher return to the land than is currently being achieved.The existing structure produces the highest and best use of the subject site. THE COMPARABLE SALES: The original search for sales located within approximately three-quarters of a mile from the subject resulted in approximately six(6)sales to analyze.This range of comparable sales was representative of the local market and somewhat similar to the subject.After reviewing approximately six(6)sales,five(5)sales were selected for a more detailed analysis.The three(4)best comparable sales found are presented here. All sales are reported closed and included no personal property. 2 ADDENDAD Appraisal Software (503) 238-0178 The comparable search used the following sources:Metroscan,a local multiple listing service and the Washington County records. COMPARABLE SALES ADJUSTMENTS: The purpose of the adjustment section of the appraisal report is to adjust the comparable sales to assist the appraiser in arriving at a value conclusion.The following remarks are made to serve as a brief description of the adjustments made and the reasoning for them.The dollar adjustments made were based on market data collected over an extended period of time,and the appraiser's judgment and experience supported by previous comparisons within the current market. Comparable sale number one(1),located at 10885 SW Derry Dell Court,is improved with a two-story, dayranch style,wood frame residence.This property is similar to the subject with regard to fmancing, location,the estate valued,site,view,effective age,design and appeal,quality of construction,condition, basement area and basement rooms.It was adjusted for differences in the number of above grade bathrooms,main level gross living area,inferior heating and cooling,lack of carport,an additional fireplace,and added landscape features including a sport court and swimming pool.No contribution to value given for the pool due to the mixed reaction to pools within the Oregon market. Comparable sale number two(2),located at 11575 SW Terrace Trails Drive,is improved with a two-story, split level style,wood frame residence.This property is similar to the subject with regard to financing, location,the estate valued,view,design and appeal,quality of construction,condition and basement rooms. It was adjusted for differences in site size,effective age,the number of above grade bathrooms,main level gross living area,basement living area,and lack of a carport. Comparable sale number three(3),located at 13065 SW 107th Court,is improved with a two-story, dayranch style,wood frame residence.This property is similar to the subject with regard to financing, location,the estate valued,view,design and appeal,condition and basement rooms.It was adjusted for differences in site size,quality of construction,effective age,the number of above grade bathrooms,main level gross living area, basement living area,central air-conditioning,and carport. Comparable sale number four(4),located at 13175 SW Ash Drive,is improved with a two-story,dayranch style,wood frame residence.This property is similar to the subject with regard to financing,location,the estate valued,view,design and appeal,condition,effective age,basement living area and basement rooms. It was adjusted for differences in site size,quality of construction,the number of above grade bathrooms, main level gross living area,inferior heating and cooling system,and carport. Adjustments for differences in land size have been made to comparable sales two(2),three(3)and four(4) at the rate of$1.00 per square foot as this best reflects current market reaction to excess land within the subject neighborhood. Due to the lack of more similar properties,a sale of superior quality construction and a sale of inferior quality construction was used due to their proximity to the subject.An adjustment has been made to comparable sales three(3)and four(4)for their quality differences in the amount of$5,000.00. This adjustment is based on the differences in the quality of construction materials.There is a general lack of supportable data for this type of adjustment,therefore this adjustment has been made at a conservative rate. Adjustments for age have been made at the rate of$500.00 per effective year difference. Adjustments for differences in the number of bathrooms were made to reflect the superior number of bathrooms in the comparable sales.The current market adjustment is made at the rate of$3,000.00 per full bathroom for this size and style of home.Partial baths were adjusted at the rate of$1,500.00 per room. All above grade living areas were adjusted equally at the rate of$20.00 per square foot difference. Below grade finished living areas were adjusted equally at the rate of$10.00 per square foot difference. Differences in garage parking Vs carport stalls was adjusted equally at the rate of$2000 per parking stall. Differences in fireplaces were adjusted at the rate of$1,000 per fireplace. Adjustment for lack of central air-conditioning have been made at the rate of$3,000. Comparable four was adjusted an additional$2,000 for an inferior heating system. SITE VALUE ESTIMATE: Due to the lack of adequate land sales from within the subject market area,the extraction method was used to determine an estimated site value for the subject property.Based on the inspection of the subject property and review of the above land extraction,the estimated market value of the subject site is $60,000.00. 3 ADDENDAD Appraisal Software (503) 238-0178 MARKETING TIME: The estimated marketing time for the subject property under current market conditions is approximately 90 to 180 days. This estimate is based on an analysis of current market trends in the general area and the number of days the comparable properties remained on the market.Additionally,it takes into account the size,condition,and price range of the subject and surrounding properties. RECONCILIATION: The sales comparison approach provides the best indicator of value.The cost approach is given secondary consideration. None of the four sales selected have the same negative traffic impacts of the subject. The market would normally discount a property with these negative external influences. The recent market has often overlooked such external influences. The observed impact has been a lengthened marketing time with a typical discount of 1-5%from asking price following a longer market exposure. ASSUMPTIONS AND LIMITING CONDITIONS: This summary appraisal report is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b)of the Uniform Standards of Professional Appraisal Practice. It does not include a full discussion of the appraisal process used to develop the appraiser's opinion of value. Supporting documentation is retained in the appraiser's file.The information contained in this report is specific to the needs of the client and for the intended use stated in this report.The appraiser is not responsible for unauthorized use of this report. All engineering is assumed to be correct.Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. It is assumed that there are no hidden or unapparent conditions of the property, subsoil,or structures that render it more or less valuable.No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. It is assumed that all required licenses,certificates of occupancy,or other legislative or administrative authority from any local,state,or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. The appraiser is not qualified to detect hazardous waste and/or toxic materials.Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment.The presence of substances such as asbestos,foam insulation,or other potentially hazardous materials may affect the value of the property. The appraiser's value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report.No responsibility is assumed for any environmental conditions,or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process. The liability of the appraiser and any contract appraisers associated with this appraisal assignment is limited to the client only and only up to the amount of the fee actually received for the assignment.Further, there is no accountability,obligation,or liability to any third party. If this report is placed in the hands of anyone other than the client,the client shall make such party aware of all limiting conditions and assumptions of the appraisal assignment and related discussions.The appraiser is in no way responsible for any costs incurred to discover or correct any deficiency in the property.The appraiser assumes that there are no hidden or unapparent conditions of the property,subsoil,or structures that render it more or less valuable.No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. Unless otherwise stated in this report,the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act.The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value,marketability,or utility. The distribution, if any,of the total valuation in this report between land and improvements applies only under the stated program of utilization.The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. Possession of this report,or a copy thereof,does not carry with it the right of publication.It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event,only with proper written qualification and only in its entirety. 4 ADDENDAD Appraisal Software (503) 238-0178 Neither all nor any part of the contents of this report(especially any conclusions as to value,the identity of the appraiser,or the firm with which the appraiser is connected)shall be disseminated to the public through advertising,public relations,news sales,or other media without prior written consent and approval of the appraiser. The value conclusion is$185,000.00. 5 ADDENDAD Appraisal Software (503) 238-0178 SKETCH/AREA TABLE ADDENDUM File No: TIGX0010 Borrower/Client .6-....:, N/A U:: B Property Address 4H 10645 SW Walnut Street E City County State Zip Code G Tigard Washington Oregon 97223 T Lender City of Tigard 2n' 44' ` ) k 1 12' 11' L I Li Tub z CI I Kit M; 37' Nook Bedroom F — Bath R 26' Garage/Slop CI r il250 a v Carport FP 111 E Living Bed Bed M N 14' RrTtr1 4' 22' ::-T -- -:-SH T---------------------30' .:-::-:::-1 S' Main Level i::::: :: :::::::: : 416 . ::: :::::::I Ig: E i .................. MM T - Ldry Li CI:::.BAHQ .::: 1.:::::. H, Bedroom L itility (- -:-L)-- Ir -1125 Lip FP Bedroom Basement Family CI 44' SCALE: 1 inch = 15.00 feet AREA CALCULATIONS SUMMARY LIVING AREA CALCULATIONS A..' Area Name of Area Size Totals iii Breakdown Subtotals R GLA1 First Floor 1132.00 1132.00 44.00 X 29.00 1276.00 A BSMT Basement 1100.00 1100.00 a -22.00 X 4.00 -88.00 P/P Deck 528.00 -14.00 X 4.00 -56.00 C Patio 360.00 888.00 A GAR Garage 740.00 L; Carport 286.00 1026.00 C U ' L :.A:: ... T`>' O''. N!'. S:' .... :::'::::::.: TOTAL LIVABLE (rounded) 1132 1132 ffi APEX SOFTWARE 210-699-6666 APEX II Form 2739 • SUBJECT PROPERTY PHOTO ADDENDUM Borrower/Client: Edward and Diane Kuhn File No.:TIGX0010 Property Address:10645 SW Walnut Street Case No.: City:Tigard State: Oregon Zip: 97223 • � q,, x \ ^ .. FRONT VIEW OF .;.,•, ', ; °'' SUBJECT PROPERTY v. t "' r Appraised Date:12/21/98 �;{ y5 ' ' � ,' • ` s ,-' Appraised Value:$185,000 € , � ' i X,,,,'. . pa.i.01,4-4,,,,,,,„., , 's REAR VIEW OF �' ' +" `'„i ..i:, E SUBJECT PROPERTY ` ��. .. A.Vii. . r ,., .71-4 i .•• ••`*-7-711 ili 1.-j--- .4 ,i f j ”' i , Il z RI r sw .mow • F' `'� ', STREET SCENE riG 1 ''' -'-')//' ' Borrower/Client: Edward and Diane Kuhn File No.:TIGX0010 Property Address:10645 SW Walnut Street Case No.: City:Tigard State: Oregon Zip: 97223 s1j � y r.: ' ; LIVING ROOM g 17° , dJ'" ,.y .- ps t t '',d-C A 1 ✓' www -- ,+ F h$ + ', . R' 737�'+4da, r 1 �f, EATING NOOK tidic a em; £ 4, a.. .„ 11 1,fliff ' �* Y , 1 1 d 1 31„_ z it _ ,,{”, r5 t, At gS f,,,, f{{ i. 1 ! A ' , SZ 4 . i'�"., .'fir °ah ;u1,`, 'Ar ! �, KITCHEN I "I/ t I ,.,..— i fit". i �` - 4f. f• rl , as x y 1 i y e, it t _ �y.,,, • COMPARABLE PROPERTY PHOTO ADDENDUM Borrower/Client: Edward and Diane Kuhn File No.:TIGX0010 Property Address:10645 SW Walnut Street Case No.: City:Tigard State: Oregon Zip: 97223 ki 1 - . COMPARABLE SALE#1 1 ,, ;. �' a A , wY ,, �l µ .•t 10885 SW Derry Dell C } 4 .. W `d F=461,1t,:41•!,*. #, Tigard .,,ii. --� Sale Date: 9/28/98 Close ei- Sale Price:$ 186,500 q , �✓„ N ;R % k COMPARABLE SALE#2 _- ;7t 11575 SW Terrace T>Dr _...—.;-tom` Tigard ti . --- ; Sale Date: 5/4/98 Close e Sale Price:$ 182,500 �' k vii-A--a a• c t 3 s '♦ t.E :...sns,....«» Yaw..,•.t. Mrd f � v „�y '-�:F LAYS 1 � Id+S� ��;x},�,� `�4�N� 44 q' ,� 4 aft ,, y4 I 1 y' t .“,-e, ti'. ° ,/+s-` iti.4 .., COMPARABLE SALE#3 ' t r } i4. 4,w., ;i r ` p ,,t • p. ' 13065 SW 107th Court .,or ,r Tigard p --.1- r,--"----7... #, Sale Date: 6/30/98 Close ��.. `4 "�' ",.—., 8 4 . ' y Sale Price:$215,000 ..... .-'t°,;•--44;.,4,..-1.--'rn. .r. .. ,.- '. _ ZK,'.. ^w .r-`.awl '4` ,,;,,,•,-, 4 ' g / x $11 ,' y 1. .. weP ..rrrwo'. ::.11.1.`1$44,!'"" COMPARABLE PROPERTY PHOTO ADDENDUM Borrower/Client: Edward and Diane Kuhn File No.:TIGX0010 P� Address:10645 SW Walnut Street Case No.: Cit :Tigarderty State: Oregon Zip: 97223 ` COMPARABLE SALE#4'` , t1` '''� 13175 SW Ash Drive ,. c. E r Tigard ' ,11,,-,";41`*- `sad ,x"'"“':1" g � • te J'` 4Y Sale Date: 11/19/98 Clos • t rk 4 itv'Sr ,.r } 168,000 �, Sale Price:$ ,3 Y � + k ,,,.:.,:::„,:...„.1-,-,,,tat;-'0,-',.;:o1, , ' „w.' , S! l s Wh 4 i s L:. z .',,„,i 't,.,'1",,# R e COMPARABLE SALE#5 Sale Date: Sale Price:$ COMPARABLE SALE#6 Sale Date: Sale Price:$ David Evans and Associates, Inc. File No. TIGX0010 AREA MAP Fe,..`::.wnAug 30 mei Me m Lok..W., .� ,•;�i�' "+• `. FOREST ., .I •., O,..n Mrn. u E Jewel • • Deer Isla d ;.1 WILDLJE C O L U M : A • ED Rmr• / Tumfun Plttsbur. • C7•:' Elsi• 1 • • Columbia• Pin Grove 0 • mboy City lCenter • VERNONIA • Trenholm �, • Yankton• a Vg...OYacoll • Keasey • „Mu$' CAPONIA S . NEL S ` "0 • sPRucr Treharne sl•$••• .. Moulton RUN sl„ 1 •„ • Warren 0- DCEFIELDpi ;�, _ Q El 1675 Spitzenberg\ !y' : In . • one.er ,4Y OHelsson =� e ''�O 0 ••ulouth OAlpine Eau VII D TOnberry SCAPPOOSE o lsauvi• • p BA LE S ' s para• GROUND OHockinson • Felicia • •Brush Prairie ;Island,4..,'•u Buxton•• 'anet.uv•'(0 p�, ©rchards Glenwood 1, LA. • • arming A • VER ® • AT PORTLAND: Et GALES 0, s Shadybrook • . �.. • t HOYT ARBORETUM RHODODENDRON GA •-+ ' CREEA °TROLLEY • 101•rook (WILSON R1VLA v Banks S •♦ •rbort•L OREGON HISTORICAL CENTER ti•mmrt .•. THE OREGON MUSEUM o E'r ISB6 .•, libo h Plains • `` •• PMoot MANSION ” • Wat • MEEKS LAND, .M -~- V,1� •ofne FORESTRY' Gales • • •. •'Fa:Mulln� C ►ti ee'S Camp Creek• :KCaip as *IN; 'K • ® ("�...� 1 � ENTER - Columbia O O K �� A S Vic,: ,o • IV , •�'tii o� ^ . . . �'r1•� ? s,�� il D 6HILLS:OR• • wsrA.. ' • AN of l".-;!AYIS AKA. 'ARK ••s : . FOREST GR•VE •CD"E� O� •renco o. ,��'Bni�jt AIRVIEv �'lr 1•�� 'L I L•r.r;7..:r TR Dr HAG K IVS . • '• ,/♦ cp FOREST scoil n ' Dllley•;uNVIERS rY r Ree•ville :: i© I;� \��. Via princ vacl�r GAM 3 '• :E•V RTO�'�' �'� • `R Q GR SHAh Isk liwo C erry• Farm n.l• L'•. hT • - •0:le 'rove• ,6..•Gaston - • I I. ,�t�EQt} 1 L •• U�KpIE�py o{ NMI Id csUb1ect►% a ' .:® VALLEY o ung• io LJ - K Y CLACKAMA • WI. 4. Ir •.. a/ps. ••' Damascu ��; • TUA r °p P �� Six Cors• „V a h $ • F REEK SAND' fl I:,,,,f..11 EWING 4P YQS'sK° I �Eg •IT aARro ° /��;'� © L, ., INS r• •EGb Eagl •. m Yam ill•' 1?�T�AI RKf.� XRGE �' �O�•i�� '�M UG N• Cr% kt Lod asI ♦DOVRE i►1 LIFCE'�i , < 5L .1ST.Of � If nd B•LN Rf . CME REFTON a •ll WI SiNVII.L 1 .$1„,", 1 R I CON RA •. .. GAME REFUGE ■ E0 '• h- EWBERG • .aTx o-.s ' '•r. i INT ��. w ♦ ftKBE.D CARLT•N.` U l M — `.� � ��------ - - AC .A1nlA LEA b. DUNDEE i o w ifu• ry ( M110McIVER C;cESTAC In Orchard ,Y ► I �r ANBY �� � C11 Min View LAFA ETTE S rin w P, lip t2 Q f4 _ P g Ater j;1I CP GAE Aiff,O - C AMPOEO Ar'.. • SA MCMINNVILLE °� 'N °SAL ADOR Donald• .t4 A r•ra '•'6 •Multno •E72L EA LINFIE(0 0 N hely 0 COLLEGE A St. 'au U B D Ni�tety- A M I-I I L L. ,AnJdU. ato QI / •ne M�e •ow.r•ok. • r FR ROC IcWhiteson• V MOLA • Cotton LacAwEu° ` Fair eld I Y�;[[►►���,�•�- nit. MT. Bell:vue• AMITY. • •. WO r�DBU•N M M' Con Alin SHERIDA !- sr. ° El 4219 V o 1UV15 ' •nilor C K AMA AILAMI A�� Hopew MI c� 'WHEAII NO/ .rvais MT.E • aconda•I o E •• arquam I olio McCo °W ssl NE \ Y• SLI ' Ballston• • x. /Brooks` ��1\sc «s a Bue •anat. Lincol ,© • �� riP U Sco ll • M s u• Mills b6•,. AT SALEM: Solt •f T'L Zena• • // =Hirai evsl,HOUSE CreekI'l. ® gwe8• LIVERY• BUSH BARN AAT CENTER DLIf tET HISTORIC DEEPWOOD ESTATE MRL CREEA° moolak )� �® .1J:CSfI MISSION MILL VILLAGE r,.,3,41,383••°' AEFUG rove 1 ATE FAIRGA•IN. 'i1 WILLAMETTE fiA'<jLE RLx DALLAS aLlSE rEola;H° QLEM ''K wre� es 2828 SW Corbett Ave.,Portland,Oregon 97201 Phone:(503)223-6663 Fax: (503)223-2701 • David Evans and Associates, Inc. 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(O.c t3, • t3%,,.."'",,. yS"`",•,,, '� •no 1 it „„,,••'-`7'' r M t, - e �s1 wi ` 5- , % :w,Pr • SW.INEZ:. c' Sf INEZ SW IN ® • `l •{ MRD §14.7.9301 "' I sw I' I H�g " 'LL` - N 1 -- 11 00 ;twat E D� a.A' .� :a SWI Kr id"' < ®lmdc rN[),1t g.f -O7' : 4:al •.11 I a sN' P."cw g`4...',.is g�,_ ,.a, 3, �10s� Yn € -,`� i 'exu -jl wt • 1 13'" - +y, s t h Sw' •'x': r''2� MIRDOCK• '•, .,4\ "1i a AE al:. 57 •P!91::-...k ' R' -<.. c> T I 99W i s s as w " ;r < < v�� A 1� 0300, <,it10000 , 1 :, s4.a s� �i.-1 \s, K c 7 -. SW 37 t ai r.• $•� '' SW-HEID R< .7�? .n .E.,•;,.• IrdA �' :Rt , �qII'...- ,-.21,4 . ,k': j CT aE.> --I 4v 8 .. ••g G lOIV `— a� ,,,i,,-. .,„. SY E • SW.. i SW IESUE R SM �I(, co E! _ t•^ Rv1-I n �'.ia � SiS LADY M. PFPPFRTRF• $N Y DAEaEL R�.� sf d� '.� W*n..., 2828 SW Corbett Ave.,Portland,Oregon 97201 Phone:(503)223-6663 Fax: (503)223-2701 David Evans and Associates, Inc. File No. TIGX0010 PLAT MAP o 30 3q, 0:1 0 i IIPS.3.4r 4r i i i 'ik I' * 1 i),14,�r.t it Ar 4 I ( . �r..!-• _.i(-J...� .�.li ''..— mss° - .M�•. ° o +�B9 zc S0 N! (.0 _W 1�9'`0�6 1907 _ !° Odie z 0 OT T m{ 9 10ert 165.74 165.74 r 1905 . m 1908 Crz CC I n n 0 AtNCI N N = +r Nr 0 iq N 163.74 8 165.14 l I o cv .Q Nm_ o N 1904 1909 19 P I ;-., N ° N N m iN N z °� 2 ...� a) � ir T N 7 12 Z ao N 144.69 I86.79 • 0 N 93.66 93.13 r 0 1... 1903 1902 A 1901 a 0 a a � 584031 ti 7 h h 44115 • .Y0 A 1 ` 10 B0., '_ 0 191 L ''� S w 0 m �, T2.,8 6 ub1 est o •4404.. )e ` hT3°°o'w 5 a $441 337 SW CORNER *Apt. /013e 4 O A BILLER 17bj� a ♦,/ r'� s 0 �o' �r it: 47- W ro 40-41,,.4 N `. a a 2828 SW Corbett Ave.,Portland,Oregon 97201 Phone: (503)223-6663 Fax: (503)223-2701 • • Sunset Appraisal, Inc. • • • LICENSING.• I • .���(1\ �N°�� i^-/, r/u'1,,,,,,,, r.1,.,.:•'/ ,/r t\ �w;,.',/„s,•......, rf,Y ,,,, �7 f.",,,-7-",4, ,J..w,.r` f`asyr.r, h,,<,.�.�.11't.. -A 7/flY\1y .r.-r'y,. 1 In,. 1�r�Y•�7.. \ �wr.r!i(l1'N•1�G4 ".!'..".0' ^ Yt 'rt.- 4444.‘... ..,4‘ '(.S. ,(�' *. V ✓' "r .5f� �Jn✓-'JrS'.0 .y17 �l-, " 47,r;,, -•., ,Sifn rryN w 4,i4.,0,64/ ' , `". gCo...s � ; 1�h / 44' " r .. 1.'�{ f ''sae' v •ems s i : :r ! . Ic' ;!E ;gin " ; File No. TIGX0010 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently,knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised, and each acting in what he considers his own best interest;(3) a reasonable time is allowed for exposure in the open market;(4) payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto; and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions*granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor,he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions(such as,needed repairs,depreciation,the presence of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report,the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances,etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards,the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report(including conclusions about the property value,the appraiser's identity and professional designations,and references to any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower;the mortgagee or its successors and assigns;the mortgage insurer;consultants; professional appraisal organizations;any state or federally approved financial institution; or any department, agency,or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising,public relations,news,sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: File No. TIGX0010 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to,or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge,that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal,unbiased,and professional analysis, opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race,color, religion,sex, handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards,which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report,unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report;therefore, if an unauthorized change is made to the appraisal report,I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report,he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser,agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 10645 SW Walnut Street. Tigard. Oregon 97223 APPRAISER: ellatSignature:SUPERVISORY APPRAISER(only if required) Signature: Name: Carl E. Long U Name: Date Signed: December 22. 1998 Date Signed: State Certification#: C000329 State Certification#: or State License#: or State License#: State: OR State: Expiration Date of Certification or License: 8/31/99 Expiration Date of Certification or License: Did Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 c<-4 A-v- i il/gv. /8 64nrvvce 4.6,775 / 42,-ea /41,ezd 6-74_zi S Y-12--L--1---72, / 7 5F-e-7 C Klea / 7v62-, Z7/0- 2' 77/2A-e( — 4„." fhj ,(, ( 1<p-LJ," cyl-L4e , iyj j/d4, 71-4 jer. AS /CF-S O-0-7) j ? i( L11-Itr"e:(AjCei ,414 OVs-ed1 ,iAk V6rk")4 0(y/ Uv �t-ti7 klety,40 /3 SL (J l(o * 18 stiffs�� --//17-1 >/k. -Sr/4 GP"A21k \,15'1,%) A.1./ / 2 ( -UV /?\4)-V1/7 nA'a AAL1^4 Tz-y otsj 1jo..y.z- v_ret7 ,ted f� - � 4 �� ,�, M 417 w-O-NALee &te/ii /07 /4 ))1/1"6-7 -(= ) r tt) 771 -/t c6A-14,6.t /1,7, 6,7