Koll/Intereal Portland ~ 80-0118281 ~ Sub-Lease - Greenway Flood Plain ADDENDUM TO SUBLEASE
THIS ADDEND T SUBLEASE is made and entered into
this �_ day of z 1984, by and between KOLL/INTEREAL
PORTLAND, a California general partnership (herein "LESSEE" )
and CITY OF TIGARD, a municipal corporation, Tigard, Oregon
(herein "SUBLESSEE" ) .
R E C I T A L S :
A. By Agreement dated May 9, 1980, LESSEE subleased
the real property described on Exhibit "A" attached hereto to
SUBLESSEE (herein the "Sublease" ) . The Sublease was recorded
on May 21, 1980, as Fee No. 80-018281, Official Records of
Washington County, Oregon.
B. LESSEE and SUBLESSEE desire to modify and amend
the Sublease .
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and in the Sublease, the parties agree as
follows :
1. DESCRIPTION OF PREMISES .
The real property described on Exhibit "A" attached
hereto is defined in the Sublease as the "Premises . " For all
future purposes with respect to the Sublease and this Addendum
to Sublease the real property described on Exhibit "B" shall
constitute the "Premises . " It is the intent of the parties
that the real property described on Exhibit "B" attached
hereto shall be substituted for all purposes for the real
property described on Exhibit "A" attached hereto.
2 . PURPOSE OF SUBLEASE.
Section 2 of the Sublease is deleted in its entirety
and the following is substituted therefor:
The Premises demised under this Sublease are to be
used by SUBLESSEE for open space, greenway and
storm water management purposes in conjunction
with SUBLESSEE' s open space, greenway and strom
water management policies and procedures .
SUBLESSEE shall not use the premises for any other
purpose, except as designated herein . SUBLESSEE
shall not directly or indirectly cause or allow to
be constructed any structures or facilities on the
premises, except for the uses provided for herein,
without obtaining the prior written consent of
LESSEE. Said consent shall not be unreasonably
withheld or delayed.
3 . RENT.
Section 4 of the Sublease is deleted in its entirety
and the following is substituted therefor:
SUBLESSEE shall have no obligation to pay rent
with respect to the premises. However, SUBLESSEE,
upon request of LESSEE, shall assist LESSEE in
having the premises removed from the tax roll , if
possible, or assist LESSEE in having the assessed
value of the premises reduced.
4 . ASSESSMENTS.
Section 7 of the Sublease is deleted in its entirety.
5. SUBLESSEE' S ELECTION TO CONTEST TAXES OR
ASSESSMENTS.
Section 8 of the Sublease is deleted in its entirety.
6. CONSTRUCTION AND IMPROVEMENTS:
Section 11 of the Sublease is deleted in its entirety
and the following is substituted therefor:
11.1 Construction of Improvements . SUBLESSEE may
construct or cause to be constructed, with LESSEE' s
approval as specified in Section 2 herein, such
improvements on the premises as SUBLESSEE desires
to construct in conjunction with the use of the
premises as a greenway, open space or for storm
water management. For purposes of this Sublease,
"improvements" shall include all buildings,
structures, facilities and other improvements
placed on the premises and all landscaping, grading,
earth moving and filing. All improvements
constructed by or under SUBLESSEE on the premises
shall be the property of SUBLESSEE until the
expiration or earlier termination of this
Sublease. SUBLESSEE shall not remove or cause the
improvements to be removed without the express
prior written consent of LESSEE.
2 - ADDENDUM TO SUBLEASE
11 . 2 Development of Leased Premises. LESSEE
shall cooperate with SUBLESSEE in SUBLESSEE' s
development of the premises for the uses as
specified above by joining with SUBLESSEE in
applying for any permits or approvals necessary
for the development of SUBLESSEE' s greenway
and/open space or the implementation of
SUBLESSEE' s storm water management plan.
11. 3 Repairs and Maintenance. During the term of
this Lease, (except as set forth in that portion
of this Section entitled "LESSEE' s Maintenance
Obligations" ) SUBLESSEE shall maintain the
premises and the improvements in first class
condition, repair and appearance, in a manner
consistent with LESSEE' s comprehensive plan and
related ordinances, and shall perform all
necessary repairs and maintenance in a manner
consistent with LESSEE' s comprehensive plan and
related ordinances .
11.4 Repairs and Alterations. LESSEE shall not
be obligated to make any repairs, alterations or
additions of any kind to the premises or
improvements, whether structural or nonstructural ,
ordinary or extraordinary, foreseen or unforeseen.
Any alterations or additions which SUBLESSEE
desires to make on the premises shall be made by
SUBLESSEE, at its own cost and expense.
11.5 LESSEE' s Maintenance Obligations . LESSEE
shall have absolutely no maintenance obligations
with respect to the premises.
11. 6 Public Improvements . Nothing contained
herein shall limit the obligations of LESSEE or
the authority of SUBLESSEE, with respect to
financing public improvements.
7. DEDICATION.
The Lease Agreement under which LESSEE is leasing
the premises provides LESSEE with options to acquire the real
property which is the subject of such lease. In the event
that LESSEE exercises its option to purchase and acquires the
real property which is the subject of the lease, LESSEE shall
dedicate the premises to SUBLESSEE.
8. STATUS OF SUBLEASE.
Except as expressly amended hereby, the Sublease
remains in full force and effect.
3 - ADDENDUM TO SUBLEASE
WHEREFORE, the parties have executed this Addendum to
Sublease on the date and year first above written.
KOLL/INTEREAL PORTLAND,
a California general partnership
By: Koll Portland Associates, a
California general partnership,
general partner of KOLL/
INTEREAL PORTLAND
By: The Koll Company, a
California corporation,
a general partner of
Koll Portland Associates
By : —
I FSgerholm
vision President
Its :
By : Intereal Company,
a Tennessee corporation,
a general partner of
KOLL/INTEREAL PORTLAND
By :
Its : / _Syi
CITY OF TIGARD,
a municipal corporation,
By :
TtSr: �m�nr
STATE OF )
ss .
County of n )
Personally app ared A tLAAO kap&
the
of THE KOLL COMPANY, a alifornia corporation, a general partner
4 - ADDENDUM TO SUBLEASE
of Koll Portland Associates, a California general partnership,
a general partner of KOLL/INTEREAL PORTLAND, and acknowledged
the foregoing to be their voluntary act and deed on behalf of
KOLL/INTEREAL PORTLAND.
SUBSCRIBED & SWORN to before me thislyl%�L day of
1984 .
Notary ublic for Oregon
My Commission Expires :
STATE OF ORE3M )
ss .
County of Wnslh-Ln n )
erspAally appeared �� the
oma,n of Inter ` 1 Company, a Tennessee
corporation, a general partner of KOLL/INTEREAL PORTLAND, and
acknowledged the foregoing to be their voluntary act and deed
on behalf of KOLL/INTEREAL PORTLAND.
SUBSCRIBED & SWORN to before me this day of
1984 .
Notary Publid for Gyeejer, ?
My Commission Expires : k-ab-R1', _
STATE OF OREGON
ss .
County of Washington )
Personally appeared 1-011) a �, an authorized
agent of the CITY OF TIGARD, a municipal corporation, and
acknowledged the foregoing to be its voluntary act and deed.
SUBSCRIBED & SWORN to before me this a day of
k6oern a_ 1984 .
i
6?otaryv Public for Oregon
My Commission Expires : //-06-Z5
5 - ADDENDUM TO SUBLEASE
A PARCEL OF LAND IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP I
SOUTH. RANG& 1 HEST 0► THE WILLAMETTE MERIDIAN. COUNTY 0► WASHINGTON,
STAT& OF 049UON MORE PARTICULARLY DESCRIBED AS FOLLOWS] COMMENCING
AT A $TOME WHICH MARES THE NORTHEAST CORNER OF SAID SECTION 34,
THENCS SOUTH 0'22124" WEST ALONG THE SECTION LIME BETWEEN SAID
SECTION 34 AND SECTION 3S, 1931.SS FEET TO A POINT. SAID POINT BEING
THE NORTHEAST CORNER OF THAT LAND MORE PARTICULARLY DESCRIBED IN 8001
SIC PACE 110 IN SAID WASHINGTON COUNTY DEED RECORDS, THENCE WORTH
89.621$0" WEST 231.63 FEET TO A POINT, SAID POINT BEING THE TRUE
POINT OF BEGINNING, THENCE CONTINUING WORTH 89'S2'60" WI .T 236.67
FEET TO A POINT ON THE EASTERLY LINE OF "BLACK BULL-. A DULY RECORDED
PLAT IN WASHINGTON COUNTY PLAT.RECORDS, THENCE WORTH 0'22'24" WEST
10.45 FEET TO A POINT, THENCE NORTH 63'3412S" NEST 43.24 FEET TO A
POINT, THENCE NORTH 0'19'12" WEST 145.94 FEET TO A POINT, THENCE
NORTH 4S'S3'43" WEST 329.12 FEET TO A POINT, THENCE WORTH 61'44'18"
WiST 28.58 FEET TO A POINT, THENCE NORTH 10'36'1111 WEST 109.04 FEET
TO A POINT, THENCE NORTH 04.26'48" WEST 170.86 FEET TO A POINT ON THE
EAST LINE OF "ENGLEWOOD", A DULY RECORDED PLAT IN SAID WASHINGTON
COUNTY PLAT RECORDS, THENCE NORTH 0'06101" WEST 390.11 FEET TO A S/8'1
IRON ROD, THENCE NORTH 60'59'02" WEST 454.05 FEET TO A POINT, THENCE
WORTH 72'43140" WEST 246.16 FEET TO A POINT, THENCE WORTH 84'23'47^
WEST 85.66 FEET TO A POINT, THENCE NORTH 47'03'29" WEST 161.39 FEET
TO A S/8" IRON ROD, THENCE SOUTH 77'32'32" NEST 92.70 FEET TO A POINT,
SAID POINT BEING 55.00 FEET SOUTHERLY FROM THE CENTERLINE OF S.M.
SCROLLS FERRY ROAD (COUNTY ROAD 4348) WHEN MEASURED AT RIGHT ANGLES,
THENCE NORTH 59'34'22" EAST 210.48 FEET TO A POINT, THENCE SOUTH
29'49'08" EAST•149.14 FEET TO A POINT. THENCE SOUTH 74'49'08" EAST
232.25 FEET TO A POINT, THENCE NORTH 59'34'22" EAST 176.07 iEET TO
A PO1N:, THENCE FOLLOWING A 240 FOOT RADIUS CURVE TO THE LEFT 269.93
FEET (SAID CURVE HAVING A CENTRAL ANGLE OF 64'26131" AND A LONG CHORD
OF 255.93 FEET BEARING SOUTH 73'02'38" EAST) TO A POINT OF REVERSE
CURVE, THENCE FOLLOWING A 110.00 FOOT RADIUS CURVE TO THE RIGHT 179.28
FEET SAID CURVE HAVING A CENTRAL ANGLE OF 93'22'SS" AND A LONG CHORD
OF 16.09 FEET BEARING SOUTH 58'34'26" EAST) TO A POINT OF TANGEWC".
THENCE SOUTH 11'52'58" EAST 226.65 FEET TO A POINT. THENCE FOLLOWING
A 30.00 FOOT RADIUS CURVE TO THE RIGHT 23.86 FEET (SAID CUPVE HAVING
A CENTRAL ANGLE OF 45'34'23" AND A LONG CHORD OF 23.24 FEET BEAKINC
SOUTH 10'54'14" WEST) TO A POINT OF REVERSE CURVE, THENCE FOLLO"AMG
A 70.00 FOOT RADIUS CURVE TO THE LFFT 149.93 FEET (SAID CURVC HAVING
.A CENTRAL ANGLE Of 122043'03" AND A LONG CHORD OF 122.87 FisT SEARING
SOUTH 27'40'07" EAST) TO A POINT OF TANGENCY, THENCE S4JTH 32'53.08" '
EAST 110.01 .FEET TO;A POINT. THENCE SOUTH 08'44111" LAST 271.59 FEET
TO A POINT, THENCE SOUTH 15049'11" EAST 662.90 FFhT TO THE TRUE POINT
OF REGINNING.
CONTAINS 434398 SQ.FT. ■ 9.972 ACRES
EXHIBIT "A"
A tract of land situate in the N.E. 1/4 , Section 34 , T1S , R1W,
W.M. , City of Tigard, Washington County, Oregon, being a portion
of "Ikoll Business Center, Tigard" , a duly recorded subdivision,
and being more particularly described as follows : Beginning at
the northeast corner of said Section 34; thence along the east
line of said section 34 , South 0022124" West, 1931. 55 feet to a
point on the south line of Tract "A" of said "Ikoll Business
Center, Tigard" said point also being the northeast corner of
Book 519, Page 110, Washington County deed records ; thence along
the south line of said Tract "A" , 55. 02 feet North 89°52129" West
to the true point of beginning of the herein described tract;
thence, continuing along the south line of Tract "A" and Tract
"B" of said "Ikoll Business Center, Tigard" , North 89°5229"
West, 413. 26 feet to a point on the easterly line of "Black
Bull Park" , a duly recorded subdivision; thence, - along the east-
erly line of said "Black Bull Park" , North 0°22103" West, 10. 45
feet; thence North 83041130" West, 43. 18 feet; thence North 00
20' 05" Vest, 144. 07 feet; thence North 45°41'21" West, 330. 60
feet; thence North 61°31' 56" West, 28. 61 feet; thence North 100
36117" West, 109. 06 feet; thence North 4°26154" West, 170. 89 .
feet to a point on the easterly line of Tract "A" "Englewood" ,
a duly recorded subdivision; thence, along said easterly line,
North 0005109" West, 390. 28 feet; thence North 61101104"
West, 454. 42 feet; thence North 72044 '20" West, 245. 53 feet;
thence North 84°29119" West, 85. 80 feet; thence North 47°02140"
West, 161. 73 feet; thence South 77033 ' 21" West, 94. 03 feet to
a point on the southerly right-of-way line of S.W. Scholls Ferry
Rd. (C.R. #348 ) , said point being 55. 0 feet, when measured at
right angles , from the centerline of said S.W. Scholls Ferry
Rd. ; thence, along said southerly right-of-way, North 59035' 28"
East, 126. 13 feet; thence South 75°25' 38" East, 119. 82 feet to
a point on the westerly line of Tract "A". of said "Ikoll Business
Center, Tigard" , thence, along the westerly line of said Tract
"A" , South 29049108" East, 64. 85 feet; thence, continuing along
said westerly line, South 74049 ' 08" East, 232.25 feet; thence
North 59025' 38" East, 69. 02 feet ; thence South 75025138" East,
132. 20 feet; thence North 59°34 ' 22" East, 52.30 feet to a point
on the southerly line of said Tract "A" that is 10. 00 feet,
when measured at right angles , from the westerly right-of-way
line of S.W. Nimbus Avenue; thence, along a 240. 0 radius curve to
the left (chord bears South 85°11' 36" East, 164.73 feet) a dis-
tance of 168. 15 feet to a point of reverse curve; thence, along
a 110. 0 foot radius curve to the right (chord bears South 58°
34126" East, 160. 09 feet) a distance of 179. 28 feet; thence
South 11052 ' 58" East, 226. 65 feet; thence, along a 30.0 foot
EXHIBIT "B"
Page 1 of 2
radius curve to the right (chord bears South 10°54 ' 13" West,
23. 24 feet) a distance of 23. 86 feet; thence, along a 70. 0 foot
radius curve to the left (chord bears South 27°40 ' 07" East, 122. 87
feet) a distance of 149. 93 feet; thence South 19°15' 29" East,
301. 22 feet to a point on the easterly line of above said Tract
"A" ; thence, leaving said easterly line, South 17°30' 00" West,
97. 27 feet; thence South 19015' 29" East, 178. 45 feet; thence
South 42' 30100" East, 192. 63 feet; thence South 48149 ' 11" East,
25. 59 feet to a point on the easterly line of said Tract "A" ;
thence, along said easterly line, South 25°49' 11" East, 19.11
feet; thence South 75005115" East, 16. 87 feet; thence, leaving
said easterly line, South 48149111" East, 83. 60 feet; thence
South 75105115 East, 158. 40 feet; thence South 19015129" East,
144. 31 feet to the point of beginning.
Contains 422,217 square feet, 10. 105 acres
EXHIBIT "B"
Page 2 of 2
C001 � 81
« SUB-LEASE - GREENWAY FLOOD PLAIN
Sub-Lease made this �- day of
19�, between KOLL/INTEREAL NORTHWEST, a California general
partnership, 2723 - 152nd Ave. , N.E. , Redmond, Washington 98052,
hereinafter called "Lessee" , and CITY OF TIGARD, a municipal
corporation, Tigard, Oregon, hereinafter called "Sub-Lessee" .
R E C I T A L S :
(1) Lessee has leased property from William R. and
Constance A. Robinson and Chester C . and Evelyn Z . Robinson
(hereinafter called "Lessor" ) within the City of Tigard upon
which it intends to build an industrial park.
(2) Sub-Lessee has required that Lessee dedicate by
leasehold interest to Sub-Lessee certain property, more
specifically described in Exhibit "A" hereto and by this reference
incorporated herein as greenway open space.
(3) The parties desire to enter into a sub-lease
agreement defining all rights , duties and liabilities of the
parties.
(4) Lessee has a long-term lease on said property,
the initial term of which shall be for a period of 99 years,
commencing May 19 , 1978 and ending on the 99th anniversary of
that date.
(5) Lessee, in its sole discretion, shall have the
option of extending the term of said lease for two consecutive
additional periods of 25 years each.
(6) Sub-Lessee shall have the option of extending
1.
the term of this sub-lease for two consecutive additional periods
of 25 years each if Lessee exercises the option set forth in (5)
above.
(7) If Lessee exercises its option under its lease
to purchase the property from Lessor, Sub-Lessee shall become a
lessee and the terms of this sub-lease shall remain the same fol-
lowing the change of Sub-Lessee' s status to that of a lessee.
Any ambiguities created by such a change in status shall be con-
strued in favor of carrying out the intention and purpose of this
sub-lease.
IN CONSIDERATION of the mutual covenants contained
herein, the parties agree as follows:
SECTION 1 - DESCRIPTION OF PREMISES :
The premises which shall be the subject of this sub-
lease are described in Exhibit "A" . This description consists
of property presently designated as flood plain by the City of
Tigard. In the event of reduction in the size of said flood
plain, that portion of property no longer falling within the
flood plain designation shall revert to Lessee' s sole control.
In no manner, form or process shall this description be used as
the controlling factor restricting the construction, modification
or operation of Lessee' s industrial park and related businesses.
SECTION 2 - PURPOSE OF SUB-LEASE:
The premises demised under this sub-lease are to be
used by Sub-Lessee as open space and greenway in conjunction
with its open space and greenway policies and procedures. Sub-
2 .
0Z
Lessee shall not use the premises for any other purpose than as
a greenway open space facility. Sub-Lessee shall not directly
or indirectly cause or allow to be constructed any structures
or facilities on the premises without obtaining prior written
consent of Lessee. Said consent shall not be unreasonably
withheld or delayed.
SECTION 3 - TERM OF SUB-LEASE :
The term of this sub-lease shall be for an initial
period of 99 years, commencing on May 19, 1978 , and terminating
on the 99th year of said date' s anniversary unless sooner ter-
minated by breach of the terms and conditions of this agreement ,
or as provided in subsequent sections hereof. Lessor concurs
that Sub-Lessee may remain in possession of the premises for
the full term of the sub-lease, despite any change that may
occur in the status of Lessee or the lease between Lessee and
Lessor. The term of the sub-lease may be renewed provided
Lessee exercises its option extending the term of its lease for
the two consecutive periods of 25 years each. If Lessee decides
not to exercise its right to extend the term of its lease with
Lessor, Lessee shall notify Sub-Lessee that it will not be exer-
cising its option. Said notice shall be given not less than 120
days prior to the expiration of the original term or any re-
newal term of lease with Lessor.
SECTION 4 - RENT:
Sub-Lessee shall pay to Lessee as basic rent an annra.?.
sum equal to the annual taxes assessed on the property which is
3.
the subject of this sub-lease.
SECTION 5 - PROTECTION OF LEASED PREMISES:
Sub-Lessee shall not use or suffer or permit any
person to use the sub-leased premises or any portion for any
purpose in violation of any applicable law, ordinance or regu-
lation, subject, however, to Sub-Lessee' s right to contest the
validity or applicability of any law, ordinance or regulation.
Sub-Lessee shall not conduct or permit to be conducted any
public or private nuisance, shall not commit or suffer any
waste on the sub-leased premises, and shall not use the sub-
leased premises in a way unreasonably offensive to Lessee or
others. Sub-Lessee shall observe and abide by all conditions,
covenants and obligations placed on Lessee under its long
term lease of the premises with Lessor. Sub-Lessee shall not
conduct itself or use the premises in a manner which shall
cause or contribute to a violation, breach or default of any
condition, covenant or obligation Lessee has in its long term
lease with Lessor.
SECTION 6 - POSSESSION:
Sub-Lessee shall have possession of the leased
premises as of the date first shown above.
SECTION 7 - ASSESSMENTS :
A. During the term of this sub-lease , Sub-Lessee
shall pay before delinquent any assessments against the premises
except that when any assessment is payable in installments , Sub-
Lessee may elect to pay such assessments in installments , in
4.
which case Sub-Lessee need only pay such installments of
principal and interest coming due during the term of this sub-
lease. If the assessment is payable in installments , Sub-
Lessee may make application therefor in Lessee' s name and as
Lessee' s attorney-in-fact. Sub-Lessee shall notify Lessee of
any assessments made against the premises and Sub-Lessee shall,
upon demand furnished to Sub-Lessee, provide evidence of pay-
ment of assessments or installments required to be paid by
Sub-Lessee.
B. Sub-Lessee shall promptly pay all assessments ,
charges or obligations resulting from the improvement, widen-
ing or repair of that portion of Scholls Ferry Road which the
sub-leased property fronts .
SECTION 8 - SUB-LESSEE' S ELECTION TO CONTEST
TAX OR ASSESSMENTS:
Sub-Lessee may withhold payment of any taxes or
assessments if a good faith dispute exists as to the obliga-
tion to pay or the amount of the tax or assessment to be paid,
provided that if the premises are subject to a lien as a re-
sult of non-payment, Sub-Lessee shall, within 15 days after
the lien arrives, deposit with Lessee cash, a sufficient surety
bond, or other security reasonably satisfactory to Lessee in an
amount sufficient to discharge the lien plus pay any interest,
penalties, costs, attorneys' fees or other charges that could
accrue as a result of foreclosure or sale.
SECTION 9 - UTILITIES :
During the term of this sub-lease, Sub-Lessee shall
5.
pay or cause to be paid before delinquent all charges for water,
sewage, gas, electricity, garbage disposal, and other utilities
and services supplied to or used on the premises, and Lessee and
the premises shall be protected and held harmless by Sub-Lessee.
SECTION 10 - CLAIMS & LIENS:
No Liens. Sub-Lessee shall not suffer or permit any
mechanic' s liens or other claims or demands arising from the
work of landscaping, development, construction, repair, restora-
tion or removal to be enforced against the premises or any
portion thereof, nor suffer or cause any other lien or encum-
brance other than the lien of taxes and assessments imposed by
governmental authorities, and Sub-Lessee shall defend Lessee
and hold the Lessee and the premises free and harmless from any
and all liabilities for any liens, claims or damages , together
with all interest, costs and expenses.
Contest of Liens. Sub-Lessee may withhold payment
of any claim or demand or may elect to contest any lien if a
good faith dispute exists as to the obligation to pay, pro-
vided, that if the premises are subject to a lien and the lien
is not discharged within 15 days , Sub-Lessee shall deposit
with Lessee cash, a sufficient corporate surety bond or other
security reasonably satisfactory to Lessee in an amount suf-
ficient to provide for the discharge of the lien plus any inter-
est, costs, attorneys' fees or other charges that would accrue
as a result of foreclosure or sale. Any contest over the
validity of a claim or demand in which the premises are not
6.
subject to a lien, Sub-Lessee shall, at its sole expense, de-
fend itself and Lessee and shall pay and satisfy any final
adverse judgment that may be rendered before enforcement of
the judgment against Lessee or the premises , and Sub-Lessee
shall name Lessee as an additional obligee under any surety
bond furnished in the contest proceeding.
Notice of Construction. Sub-Lessee shall notify
Lessee in writing at least 15 days prior to the commencement of
any work on the premises, the cost of which is to exceed
$100, 000, and the nature of such that a mechanic' s lien might
be asserted on account of the performance of the work.
SECTION 11 - CONSTRUCTION & IMPROVEMENTS:
Construction of Improvements. Sub-Lessee may con-
struct or cause to be constructed, with Lessee' s approval as
specified in Section 2 herein, such improvements on the premises
as Sub-Lessee decides to construct in conjunction with the use
of the premises as greenway and/or open space. For purposes of
this sub-lease, "improvements" shall include all buildings,
structures, facilities and other improvements placed on the
premises and all landscaping, grading, earth moving and filling.
All improvements contructed by or under Sub-Lessee on the
premises shall be the property of Sub-Lessee until the expira-
tion or earlier termination of this lease. Sub-Lessee shall
not remove or cause the improvements to be removed without the
express written consent of the Lessee.
Development of Leased Premises. Lessee shall cooper-
7.
7
ate with Sub-Lessee in Sub-Lessee' s development of the property
for uses above stated by joining with Sub-Lessee in applying
for any permits or approvals necessary for the development of
Sub-Lessee' s greenway and/or open space.
Repairs & Maintenance. During the term of this lease,
(except as set forth in that portion of this section entitled
"Lessee' s Maintenance Obligations") Sub-Lessee shall maintain
the premises and improvements in first-class condition, repair
and appearance, and shall perform all necessary repairs and
maintenance.
Repairs, Alterations. Lessee shall not be obligated
to make any repairs, alterations or additions of any kind to
the premises or improvements, whether structural or non-
structural, ordinary or extraordinary, foreseen or unforeseen.
Any alterations or additions which Sub-Lessee desires to make
on the premises shall be made by Sub-Lessee at its own cost
and .expense.
Lessee' s Maintenance Obligations. Lessee shall main-
tain the greenway in the condition it presently exists for a
period of 5 years from the date of this agreement or until
Sub-Lessee makes improvements thereon as provided in Section 11
of this agreement, whichever occurs first. Said maintenance -
shall be limited to mowing, cutting and removing of the grass
2 times per year, and using reasonable methods to control mos-
quito infestation and mosquito breeding grounds.
SECTION 12 - LIABILITY INSURANCE & INDEMNITY:
8. p
D
Liability of Lessee. Lessee shall not be liable for
any loss, damage or injury to the person or property of anyone
occasioned by or arising out of any act, activity or omission
of Sub-Lessee or anyone holding under Sub-Lessee, the occupan-
cy or use of the premises or any portion by or under Sub-Lessee
or any state or condition of the premises or any portion.
Indemnity. Any provisions of this sub-lease to the
contrary notwithstanding and in respect to any insurance carried
by Sub-Lessee for the benefit of Lessee under the terms of this
lease, Sub-Lessee shall protect, indemnify and hold Lessee,
Lessor, and the premises harmless from any and all damages or
liabilities at any time occasioned by or arising out of any act,
activity or omission of Sub-Lessee or anyone holding under Sub-
Lessee, the occupancy or use of the premises or any portion by
or under Sub-Lessee, or any state or condition of the premises
or any portion.
SECTION 13 - ASSIGNMENT & SUB-LEASING:
Assignment. Sub-Lessee may not assign, sub-lease or
otherwise encumber or transfer this sub-lease to any other per-
son or entity without the prior written consent of Lessee. In
the event such approval is given, Sub-Lessee shall remain liable
for the full performance of all covenants of Sub-Lessee under
this agreement.
SECTION 14 - TERMINATION:
Condition of Premises. Upon the expiration or
earlier termination of this sub-lease, Sub-Lessee shall surren-
9.
der the premises to Lessee in first-class condition. De-
preciation and wear from ordinary use for the purposes for
which the premises were let need not be restored, but all re-
pair and maintenance for which Sub-Lessee is responsible shall
be completed to the latest practical date prior to surrender.
Holdover. Should Sub-Lessee fail to vacate the
premises when required and such failure substantially inter-
fers with the rights of Lessee to the premises , Lessee' s
rights shall be as follows:
A. Sub-Lessee shall be treated as a month-to-
month tenant;
B. Lessee may elect to take legal action to eject
Sub-Lessee from the premises and to correct any damages caused
by Sub-Lessee' s wrongful holding over;
C. Nothing in this section shall be construed to
give Sub-Lessee the right to hold over or to continue in pos-
session of the premises after the expiration of the term of
this sub-lease.
Quitclaim. Upon the expiration or earlier termina-
tion of this sub-lease, Sub-Lessee shall execute, acknowledge
and deliver to Lessee within 5 days following written demand
from Lessee any quitclaim deed or other document required by
any reputable title company to remove the cloud of this sub-
lease from the real property subject to this sub-lease.
Attorneys ' Fees. In the event any proceeding is
brought by or against Lessee to interpret, enforce this sub-
lease , or recover possession of these premises, the Lessee
10.
�a
shall be entitled to recover reasonable attorneys ' fees , to-
gether with costs and disbursements at all judicial levels,
including appeals , if Lessee prevails.
SECTION 15 - WAIVER:
A waiver by either party of a breach of any term,
covenant, condition or obligation of this sub-lease shall not
constitute waiver of any succeeding breach or prejudice the
party' s rights otherwise to demand strict compliance with the
same or any other term, covenant, condition or obligation.
SECTION 16 - LEASE BINDING UPON SUCCESSORS
AND ASSIGNS:
Subject to the limitations contained herein, this
sub-lease and each of its terms, covenants , conditions and ob-
ligations shall extend to, be binding upon and inure to the
benefit of the successors and assigns of both Lessee and Sub-
Lessee. References in this lease to Lessor, Lessee or Sub-
Lessee shall include, wherever applicable, their successors
and assigns.
SECTION 17 - INSPECTION:
Lessee reserves the right for Lessee and any agents
and representatives to enter upon the premises at any reason-
able time for the purpose of attending to Lessee' s interests
under this sub-lease and to inspect the premises.
SECTION 18 - CONDITION OF LEASED PREMISES:
Sub-Lessee has inspected the premises and is aware
of the condition and accepts the land pursuant to this sub-
lease in its present condition. In no event shall Lessee be
11.
responsible to Sub-Lessee or any third party for the condition of
the premises, either as it is now or hereafter exists.
SECTION 19 - GENDER:
Whenever the singular number is used in this sub-
lease and when required by the context, it shall include the
plural, and the masculine gender shall include the feminine and
neuter genders, and the word "person" shall include any corpora-
tion, firm or association. If there are more than one sub-
lessee, the obligations imposed upon Sub-Lessee under this agree-
ment shall be joint and several.
SECTION 20 - HEADINGS & TITLES:
Headings and titles to the sections and paragraphs
of this lease are included only for the convenience of the
parties and shall not have the effect of defining, diminishing
or enlarging the rights of the parties or affecting the construc-
tion or interpretation of any part of this lease.
SECTION 21 - ENTIRE AGREEMENT:
This sub-lease contains the entire agreement of the
parties with respect to the matters covered, and no other pre-
vious agreement, statement or promise made by any party to this
lease which is not contained in this term shall not be binding
or valid.
SECTION 22 - ACKNOWLEDGEMENT BY LESSOR:
The foregoing sub-lease is made with the full know-
ledge and agreement of Lessor of the premises, and Lessor
accepts the sub-lease herein but retains all right to disapprove
12.
/.2
a
any future sub-lease between Lessee and Sub-Lessee or between
Lessee and any other party.
IN WITNESS WHEREOF, the parties have executed this
sub-lease at �, C1,A- J
the day and year first above written.
KOLL/INTEREAL NORTHWEST, a
California general partnership,
Lessee
Bys/�
CITY OF TIGARD, a municipal
corporation, Sub-Le"ee
By: ILI
`
LESSOR:
44,
a Ize- ,_.Iet�,,
STATE OF OREGON ) 1!
) ss.
County of
r'
Personally appeared
of KOLL/INTEREAL NORTHWEST, a
California general partnership, and acknowledged the foregoing
Sub-Lease to be its voluntary act and deed on this
13.
day of �1 �r`a,1�_<-L<— ' 1980.
NotaLy Public for Oreg6n
My commission expires :
STATE OF OREGON )
) ss.
County of Washington )
Personally appeared Alan Mickelson
of CITY OF TIGARD, a municipal corpora-
tion, and acknowledged the foregoing Sub-Lease to be its volun-
tary act and deed on this 28th day of April ►
1980.
K _ .
Notary Public for O egon
My commission expires :
STATE OF )
" � ) ss.
County of
Personally appeared WILLIAM R. ROBINSON and CONSTANCE
A. ROBINSON, and acknowledged the foregoing Sub-Lease to be
their voluntary act and deed on this ��< day of
1980.
No y Public f r
My commission expires :
14.
STATE OF
-�' ) ss.
County of
Personally appeared CHESTER C. ROBINSON and EVELYN
Z. ROBINSON, and acknowledged the foregoing Sub-Lease to be
their voluntary act and deed on this l +,"� day of
. ..
1980.
f
�_k.,
Notary Public forx�.�c -tai--
Ply commission expires:
15.
FEBRUARY 8 , 1986
LEGAL DESCRIPTION FOR
GREENWAY AREA
A PARCEL OF LAND IN THE NORTHEAST 1/4 OF SECTION 34 , TOWNSHIP 1
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN , COUNTY OF WASHINGTON ,
STATE OF OREGON MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING
AT A STONE WHICH MARKS THE NORTHEAST CORNER OF SAID SECTION 34 ,
THENCE SOUTH 0022124" WEST ALONG THE SECTION LINE BETWEEN SAID
SECTION 34 AND SECTION 35 , 1931 . 55 FEET TO A POINT, SAID POINT BEING
THE NORTHEAST CORNER OF THAT LAND MORE PARTICULARLY DESCRIBED IN BOOK
510 PAGE 110 IN SAID WASHINGTON COUNTY DEED RECORDS , THENCE NORTH
89052150" WEST 231 . 83 FEET TO A POINT , SAID POINT BEING THE TRUE
POINT OF BEGINNING , THENCE CONTINUING NORTH 89°52 ' 50" WEST 236 . 67
FEET TO A POINT ON THE EASTERLY LINE OF "BLACK BULL" , A DULY RECORDED
PLAT IN WASHINGTON COUNTY PLAT:RECORDS , THENCE NORTH 0022124" WEST
10 . 45 FEET TO A POINT , THENCE NORTH 83038125" WEST 43 . 24 F-EET TO A
POINT, THENCE NORTH 0019112" WEST 145 . 94 FEET TO A POINT , THENCE
NORTH 45053143" WEST 329 . 12 FEET TO A POINT, THENCE NORTH 61044118"
WEST 28 . 58 FEET TO A POINT, THENCE NORTH 10036111" WEST 109 . 04 FEET
TO A POINT, THENCE NORTH 04626148" WEST 170 . 86 FEET TO A POINT ON THE
EAST LINE OF "ENGLEWOOD" , A DULY RECORDED PLAT IN SAID WASHINGTON
COUNTY PLAT RECORDS , THENCE NORTH 0006101" WEST 390 . 11 FEET TO A 5/8"
IRON ROD, THENCE NORTH 60059102" WEST 454 . 05 FEET TO A POINT , THENCE
- NORTH 72°43 ' 40" WEST 246 . 16 FEET TO A POINT, THENCE NORTH 84°23 ' 47"
WEST 85 . 66 FEET TO A POINT, THENCE NORTH 47003129" WEST 161 . 39 FEET
TO A 5/ 8" IRON ROD , THENCE SOUTH 77032132" WEST 92 . 70 FEET TO A POINT,
SAID POINT BEING 55 . 00 FEET SOUTHERLY FROM THE CENTERLINE OF S .W .
SCROLLS FERRY ROAD (COUNTY ROAD # 348) WHEN MEASURED AT RIGHT ANGLES ,
THENCE NORTH 59034122" EAST 210 . 48 FEET TO A POINT , THENCE SOUTH
29049 ' 08" EAST 149 . 14 FEET TO A POINT , THENCE SOUTH 74049108" EAST
232 . 25 FEET TO A POINT, THENCE NORTH 59034122" EAST 176 . 07 FEET TO
A POINT, THENCE FOLLOWING A 240 FOOT RADIUS CURVE TO THE LEFT 269 . 93
FEET (SAID CURVE HAVING A CENTRAL ANGLE OF 64026131 " AND A LONG CHORD
OF 255 . 93 FEET BEARING SOUTH 73002138" EAST) TO A POINT OF REVERSE
CURVE , THENCE FOLLOWING A 110 . 00 FOOT RADIUS CURVE TO THE RIGHT 179 . 28
FEET (SAID CURVE HAVING A CENTRAL ANGLE OF 93° 22155" AND A LONG CHORD
OF 160 . 09 FEET BEARING SOUTH 58034126" EAST) TO A POINT OF TANGENCY ,
THENCE SOUTH 11052 ' 58" EAST 226 . 65 FEET TO A POINT , THENCE FOLLOWING
A 30 . 00 FOOT RADIUS CURVE TO THE RIGHT 23 . 86 FEET (SAID CURVE HAVING
A CENTRAL ANGLE OF 45034123" AND A LONG CHORD OF 23 . 24 FEET BEARING
SOUTH 10054 ' 14" WEST) TO A POINT OF REVERSE CURVE , THENCE FOLLOWING
A 70 . 00 FOOT RADIUS CURVE TO THE LEFT 149 . 93 FEET (SAID CURVE HAVING
A CENTRAL ANGLE OF 122043 ' 03" AND A LONG CHORD OF 122 . 87 FEET BEARING
SOUTH 27040107" EAST) TO A POINT OF TANGENCY , THENCE SOUTH 32053108"
EAST 110 . 01 FEET TO A POINT , THENCE SOUTH 08044111" EAST 271 . 59 FEET
TO A POINT, THENCE SOUTH 45049111" EAST 662 . 90 FEET TO THE TRUE POINT-
OF BEGINNING.
CONTAINS 434398 SQ . FT . = 9 . 972 ACRES
STATE OF OREGON
County of Washington 1} SS
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said county.
ROGER THOMSSEN, Director of
�j Records & Elections
, na
12. O"xDIN:'v;CE No. 80-32 AN ORDINIuNCE CALLING FOR A SPECIAL ELECTION TO SUBMIT TO
VOTERS TAX LEVY FOR TIGARD LOAVES AND FISHES SENIOR CENTER,
SETTING AN EFFECTIVE DATE AND DECLARING AN E.MERGE`iCY.
(a) City Administrator recommended Council adopt this Ordinance in the event
the measure fails on the May 20th election; this enables the measure to
be placed on the Jure 24th election ballot.
(b) Motion by Councilman Brian, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council.
13. NPO #1 APPOINTMENT RATIFICATION - Joseph D. Jebbia (Deb's Seafood Market)
(a) Planning Director recommended approval of this appointment.
(b) MotLnn by Cn'1n.cilwoQlan St;-I-,-r, secon'le?! by Councilman Brian to accaot thLs
a(1(,piCl tP i?t.
Approved by unanimous vote of Council.
14. ORDINANCE No. 80-33 AN ORDINANCE DETERMINING THE FINAL COST OF STREET I2PROVE-
MENT.'S IN THE SOUTHWEST VARNS STREET LOCAL IMPROVEi�E";T DISTRICT
RATIFYING AND ADOPTING THE APPORTIONMENT AND ASSESSMENT OF
THE COST TO RESPECTIVE . PARCELS Or LAND WITHIN THE DISTRICT,
SPREADING THE ASSESSMENT AND DIRECTING THE ENTRY OF ASSESS-
MENTS IN THE LIEN DOCKET.
(a) Director of Public Works recommended the monies be distributed as outlined
by the consulting engineer and discussed at the April 21, 1980, Study
Session Council meeting.
(b) Motion by Councilman Cook, seconded by Councilman Brian to approve.
Approved by unanimous vote of Council.
15. KOLL BUSINESS CENTER SUB-LEASE OF GREENWAY AREA AGREEMENT
(a) Legal Counsel briefly recapped the history behind this lease and recom-
mended approval.
(b) Motion by Councilman Brian, seconded by Councilman Cook to accept and
authorize the Mayor and City Recorder to sign.
Approved by unanimous vote of Council.
15. WAIVER REQUEST BY T.D.C. - relating to bonding and compliance agreements for
subdivisions. (Studio Estates Subdivision)
(a) 'Director of Public Works said that half street improvements dere regi_jasted
and TDC asks waiver of this request and has agreed to sign a non-remonstrance
agreement. Mr. Currie recommended approval of this request.
PAGE 3 - REGULAR MEETING COUNCIL MINUTES - April 28, 1980