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CU16-81 CU Ib-b1 GREENWAY TOWN CENTER MERCURY DEVELOPMENT 1 OF 1 12201 S.W. FRY. WITHDRAWN ■ GREENWAY TOWN CENTER CU Mercury Development 1S1 34BC 300 Mark Zimel 12280 SW Scholls Fry. WITH VC&wtv ZONE MAP AMENDMENT - COMPREHENSIVE PLAN REVISION - CONDITIONAL USE FILE # F___ ��Kr TICARD PLANNING DEPARTMENT 639-4171 FEE REC • Los. _ 1.2420 SW Main Street RECEIPT N Tigard, Oregon 97223 DATE RECEIVED 7Uy� RECEIVED BY The "contact person" named in this application will receive all major correspondence from the Tigard Planning Department and that 1 person is responsible for providing same to owner, architects, etc. In this case , the "contact person" is : NAME Mark Zimel ___PHONE (Bus •. ) a23-21O.A (Res .) .F19-6038 ADDRESS 1 925 S.W. K$$ —_ (herfne, Tigard_ 97223 Street - Cit - Za• 21 - Signature / y A4ss-c4', Date In/21/R1 ACTION REQUESTED Conditional Use Permit for a family (electronic) fun center to be located in_PP11]-_aIsn_lsanwn_ as cpprifirally if-leafed_aL_ 12280 S.W. Scholls Ferry Rd. APPLICANT'S NAME Mercury Development (nc.____PIIONE (Bus . ) 223 2108 (Res . ) 639.603.8._ _- ADDRESS P.O. Box 54$7. PortlincJ. 97228 or 338 N.W. 5th Ave. Portland, 92208 FS •- City City - Zip PROPERTY OWNER' S NAME Portland Fixture Co. PHONE (Bus. )223-2108 (Res . ) 292.3910_ PHONE (Bus. ) (Res. ) ADDRESS 338 N.W. 5th Ave. Portland, 97208 7Street - City - Zip) PROPERTY DWNER RECOGNITION OF APPLICATION • rYa..,, 1zs C7 -, ++ _ tt , • / , PRESIDENT (Sfgnaturei o owne �ortlnd 'Fixture Co. PROPERTY INVOLVED: TAX MAP N 1S134BC TAX LOT(S) 00300 ADDRESS 12220-12288 S.W. Scholls Fer!y Rd. AREA MEASUREMENT 8. 19 acres EXISTING BUILDING (0 and type) Three (3) - Commercial CURRENT ZONING C_y Pp __ APPLICANT'S PROPOSED ZONING _ _ SAME ______ __ CURRENT USE Commercial APPLICANT'S PROPOSED USE Commercial electronic game ctr. . . . APPLICATION WILL NOT BE ACCEPTED UNLESS FULLY COMPLETED . . . . 020381vmr ADDENDUM FOR APPLICATION FOR CONDITIONAL USE WRITTEN NARRATIVE: We at Mercury Development believe that an electronic fun center is a complimentary tenant for the Greenway Town Center. We have harsh restrictions in our lease for a electronic fun center. The possibility for great manage- ment problems exists without them. More specifically we request a condition- al use for the Fun Center to be allowed to lease froo us 'n Greenway Town Center. An extraordinary situation exists that I would like to e 'ulain. When we applied for the shopping center zoning, we stated certain requests for our center' s use. At that time these electronic family fun centers were not in existence. Now they are cropping up and we wish to lease to a client who is ready, willing and able. Attached to our application is a copy of the strict requirements that we as a landlord have instituted in our client's lease. I would further like to point out. that Greenway Town Center is not located with- in walking distance of any school . We wish to preserve our property rights to be able to lease to clients that will en',1nce our shopping center. To date we have four fun centers in our 26 shopping centers. They are clean , orderly and keep the kids and adults off the streets. I want to emphasize that kids are not the only ones to use these electronic machines. In these times of high prime interest rates and few business expansions , we find those enterprises drawing the younger crowds are the most beneficial for a center in general . It seems the kids between 15 yrs-30 yrs . have the most disposable income. It would damage Greenway Town Center if our request were to be denied. I do not feel I even have to explain to you that Mercury Ammimminummummal Development would suffer by holding on to one more vacancy if our application is denied. We only want the right to put in the fun center in the portion of Greenway owned by Portland Fixture Co. This request will be of great benefit to our tenants as vacancies only harm them. Further, we want to make the services our tenants provide easily accessible to the general public. Thank you. Very truly yours, Mark S. Zimel , Agent for the Owner -2- orm Escrow Numb*, 31-02—OZ24a ,-2 own o3RISOI 002 A , DEPARTMENT O, MOUSING AND URBAN DEVEIOPMEN! B. TYPE OF LOANS SETTLEMENT STATEMENT I Li NM s 0 MINA 3 Q CONY 0,94,4 110 Transamenna TTRIS MISE RRANCI COMPANY .'ICA °NUMY.S 0 `�'V '� I, tOAN NUMMI I itk:Insurance Set vlctiS 11 Mat° Ito CMI NO C. NOTE: this form Is furnished to gave you a statement u1 actual settlement rusts.AMOUtts paid to and by the settlement ahem Jr.' shown Items marked "Ip.o.c.l"were paid outside the closing: :key are shown hen Jin inhumation purposes and ser, included to the totals. 1. NAMI Of Bt14ROWtR E NAME 03 MOB -, -NANTOP IENd(R PORTLAND FIXTURE CO JOSEPH w. MEMS 336 N.W. STH AVE C/O DAVID W. HARPER ip r 1 " '? "1 IF PORTLAND, OREGON ATTORNEY AT LAW , II11 3500 FIRST NAT'L TOMER ILIi1V] nlrfar;[x.r��N, N PORT AMD, 0R160N 91601 ►l ---F'r-t I flJ11M4T DAtt. PORTION 151 348 T L 4 0 0 Transamerica TNI.I,w,sese C.mpeny m RACE Of stttlEMtN, 12655 SM CENTER 03-01-78 EEAVEPTON 0R9700, J. SUMMARY Of BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100 GROSS AMOUNT DUE FROM oORROWER: 100. GROSS AMOUNT DUE TO SELLER — 101 Contract sol. Eco _ 2 SEf»6 s O0 401. Controct soles price A114111_199 102. Personal property _ ,401 Personal property 103. Settlement charges tborrow.,n,n,' NOW _ 101 EZS,EO, _- 104 401 IDSA r 10AA ions -_� - — ---— — 40511 Iosc— - —. ,4_05c 1050 — 4050 10S! 105E 10* _ 105E 1056 — - .105E 105H /GSH - Adjrstmenb fur Utes pail by seller it advance 4fe,tmrnu Joe Urms paid tat seller in.drssee 106. Ca flown taxesto 406 Coy/town tames{ to _ 107. County taxes f 0 tWi to f•1 _ /O t:Ee 107 County taxes{ 3111,7o 3.1 'o71 Taal las Msessm.nts S to �_ 108 Awr .u .nN $ to 100. -- _110. 'no. _ III. - - - du -- 113. 4 412 i 120 GROSS AMOUNT DUE FROM BORROWER: 420 GROSS AMOUNT DUE TO SEVER: X4Et 131,16 11E,412s28 200 AMOUNTS PAID IT OR IN NNAIF Of BORROWER; 500. RIOUCTTONS IN AMOUNT DUE TO SILLMt f 201 Depose a earnest money jest,1 T E 71 501 Excess deposit ism instructions, _ 102 Principal amount of new loon(.) 502 Settlement chores to seller Sher IIOUI - 1,11000 2_03 Existing loan(.)taken subject to _` X103 !amino loonfs)Taken ambledto - -_ 701 _ ` 504 Payoff of first mortgage loan 105 4303 Payoff of mond matjppe loon 206 506 207 507 ?US --� --- --- ---- -- -- ------. 'owe 4�N0 ►N � S[ N11. 0.e9 - _ -1ID'M1 ! RN G PIM iItl)Q.89 2twt SOIL 2090 5060 __ 501E _—_ - .709t SON '7090 - - _5 Adtustnnr.ts Mr arta e.peaa 62.s,'lle, _ AiiNsntlwsuAt Mau unpaid Ay seller 710 Coy/town tore*/ to SID. City/town lo■S $ --to 211 County taxes $ to - III County Man 11— — te 212 Assessments $ to SII. Awessnt.nll $ M �.._ - ---- ' ---_ �_.— 213 214 514 215 515 -- 21e - -- ie 220. TOTAL PATI)BY:FUR 5X. TOTAL REDUCTION AMOUNT BORROWER 661,621.1E DUE SELLER 151,112.28, 30D CAMAt UttLEMINt PROM/TO BOMOWIRI 600 CASH At N1tLEMMIt TO/PROM IMAM _ 301 Gross amount due from borrower Ilio,' II0lI -2/EL11?.T 601 Gross 017104011 due to seller gent 4201_ DE,411. 111 307 less amounts pmd by Sot borrower floor 2201 Iia/ 2 Ala ills 7 602 Len reductions In ornounl due seller lIIne SM/ i 2 S la S 11.2 it .k)), A.SHIOFROMIf11101amRUWf.? 1 Oat CASH IVIM IO ROM/SELLER tally s'rs w. .NSAMERICA TITLE INSURANCE COMP ' Escrow Number 31.02-.0224976.-2 pup' L. SETTLEMENT CHARGES 0.TOTAL SALESBROKER'S COMMIJ.SION PAID FROM PAID FROM based on price$ _ • 9s- 10.00000 BORROWER'S SELLER'S Divisiono Commission(line 700)as follows: FUNDS FUNDS 11. 1 3000.0 to K Ce ST*AND,-115 Itis S-51300.00 to MIICI AY DEVELOPMENT. INC 1,1R 1 --- to )2C $ to )2D 1 to -- — - Commission paid at Settlement - 114000•00 -- -, 30.I TIME PAYABLE IN CONNECTION WITH LOAN )1. Loon Origination 1.. 1s — 12 loon Discount RE 13 Appraisal fee to )A. Credit Report to _ IS. Lender's inspection Ie. 36 Mortgage Insurance application fee Io 37 Assumption f.. It Ton service - - - Do ITEMS REQUIRED Ey LENDER TO U PAID IN ADVANCE 01 Interest horn to •1 /day 32 Mortgage insurance premium for months to -03 Hillard insurance premium for years to )a years to 15- - ---- - --- - _.. si RESERVES DEPOSITED WITH LENDER u Huard ,„nont• months•/ per month — —.....—..- .2 Marrg.,ye insurance months•1 per month City property toes --- months•$ --_--- per month r County property Loses months•1 per month rS Annual assessments months•1 per month . .7 u t TITLE CNAROEE I1 Settlement or closing lee to TRANSAMERICA .__JjQ " rQ 01 Absnoct or title search to 13 title esamrnotron Io - -Title insurance binder to Document preparation to _ r• Notary fees to - 07 Attorney's Fees to hitchedro above arms No. � _ • Title insurance to iANSAM RICA bee00 nuclides ',burr arms Nu. i 10 f,1J O S - 09. lender's coveroge $ 10 Owner's coverage / 6SS,00TRANSAMEM1CA I I Indorsement 12 i) 14 I5 -- . -.- __ - - ----- t GOVERNMENT RECORDING AND TRANSFER CHAROIIE I Recording tees U•.• 6 t 00 . Mortgage$ ,Relegate$ 2 City county tax/stamps Dr.+$ Mort10 iI SlateNUSIgmes: [,rat$ Moil ge ..._.-_ I4MASH. CO TRANSFEP TAX jj2 —__-- 1:OaE0 129.'50 usilECUMO eaR‘AIN I! SALE DIED-_« - - 3.00 >t ADDITIONAL SETTLEMENT CHARGES 11 Sarre to (I) Pest inspection to �1 TOTAL SFTTLEMENT CHARGES trete►am Mors 10I Sr,nun 1 and W2.Mow NI _ 10.425_se 1.Sln_'ie ttuo I sIr 1.46 ` WW W.1µ-sYMIM MM WY DIM .r•si.w .bur 1.••WO M..PNYI.•ee,NC. I" `- -90 '. •�(pry,� KNOW ALL MEN BY THESE PRESENTS, that Portland Fixture Co. a corporation duly organised end existing under the laws of the State of Oregon , hereinafter called grantor, for the consideration here- malter stated, does hereby grant, bargain, sell and convey unto Commonwealth Properties. Inc. , hereinafter called grantee and grantee's heirs, successors and assigns, that certain real property,with the tenements,hereditaments and appur- tenances thereunto belonging or appertaining, situated in the County of Washington and State of Oregon,described as follows,to wit Part of the Northwest quarter of Section 34, Township 1 youth, Range 1 West of the Willamette Meridian, in the City of T gard, Cosulty of Washington and State of Oregon, described as followss11. � Beginning at the point of intersection of the Perth right-of-way ,, '-s line of Springwood Drive extended and the West Eight-of-way line . Ir of S.W. 122nd Avenue, said point lying North 89 54'50" East - • 1,037.94 feet and North 0 05'42" West 635.09 feet from the West • '•- quarter corner of said Section 34; thence East along the North line of said Springwood Drive extended 20.0 feet to a point on the centerline of 122nd Avenue (vacated); thence North along said centerline 150.0 feet to the true point of beginning; thence Continuing North along said centerline 180.0 feet to a point; thence West -parallel to the North line of Springwood Drive extended 20.0 feet to a point; thence South parallel to said centerline 180.0 feet to a point; thence East parallel to the North line of Springwood Drive extended 20.0 feet to the true point of beginning. To Have and to Hold the same unto the said grantee and grantee's hens, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, " $ a However, the actual conadetation consists of or includes other property or value given orproine pwTutX se err of etas consuferation(indicate which)." th. In construing this deed the singular includes the plural as the con umstances may require Done by order of the grantor'sdub u aclors with Ixposau.aaal affixed, this / c '. day of April , 19 79 Portlandlxturfe Co. � (Cmmute IWO By `eJ /.LIf� President By Secretary '112'.,.1 / 79 STATE OP OREGON, County of .114441440r041 ) us: P 19 Personally appeared L_lsefe 3,err.�,[ sl/ who, being duly sworn, each for himself a not one for the other, did say that the former is the — -- -- - ` ` president w re p..ag Portland Fixture Co, , • corporation, and that the seal affixed to the foregoing instrument is the corporate soot of said corporation and that said instrument was signed and sa'led M behalf of said corporation by authority of of directors; and each of them acknowl- edged said Isajunwst to he Its voluntary act and deed. ��/� y, Before me fl W led (Orrscua: SIAL) Notary Public for Ore p 'U - ' . My commission espires• J' i9! 101-n•..re,M^""'s'•.e•Ml. if•.s+posy,Mete M&Teal t..owlet set.. l.•.Ite.-e seems be At.rw 11...N s.•r•r II 1 -- II Bargain and Sale Deed sTAT'of Oq(OfN. 04.1 Corporation County of WeWp vnon 1 se f gop.r flromsNn Dlr acts of ascan d. and flaclrats ens r.(N•.lo gwl:are.. nl Con r Dob r uq rbi. r.Y.nu.br faro[cools Qo evralrs eerlrly that TO M.C..NN.eso Ih. withra rMirunlary d M•,�11 ane•.rpm at Iwt •r�IeGry2Q 1 FOR sec e.aiae *of r.torrh of Mil county Leap [Scan. nu rwbm AO(iFq IH(*tl Ss lt.Dim nu of A r� ossa r gsoorAscot*a Inchon!'Inchon!'a. WHIN NItlOIIDID aITU•N TO • Portland Fixture INDEXED 318 N.W. 5th Portland, Oregon 97209 Ari 14 2 �e PH '13 .. ■ 42. BROKERS TENANT warrants that It has had nu dealings with any real estate broker or agent In connection with the negotiations of this Iyase Agreement accept those acting for LANDLORD. 43. KIOSKS LANDLORD reserves the right to erect and lease kiosks on the coal- •lon areas. i 44. ACCORD L No payment by TENANT or receipt by LANDLORD of • hasher amount SATI$FAC- than the ewnthly rent hereln stipulated shall be deemed to be ether TION than on account of the earliest stipulated rental, nor shall anyen- dorsement or statement on any check or any letter accompanyng any check or payment as rental be deemed an accord and satisfaction and LANDLORD may accept such check or payment without pr.,Madic• to LANDLORD'S right to recover the balance of such rental or pursue any other remedy In this Lease Agreement provided. 1 45. DELINQiiENT in the event that TENANT does not make payment of rental. per- PAyMENTSuntag• rental, common area maintenance, contribution to tares or PAYMENTS . Insurance or any other obligations of TENANT as called for herein. interest will be assessed on such delinquent amounts •t the easkore percentage monthly allowable by law until paid ` 4( In the interest of avoiding all school truancy problems, LANDLORD stipulates as an additional requirement, that no one 17 years or 0 under he allowed in the above said premises without being accompanied INITIALS by an adult uuring the hours from 10:00 a.m through 3:00 p.m. Of course, it is understood that this requirement is only for those days that school is in session for the above mentioned ayes. If for some _ reason a ch4ld has time away from school before these hours and proper tlocumentati on Is given and filed,TTenant may allow person to use his " machines. 47. A minimum of two bike rack (20 bike capacity total) will be purchased by TENANT and placed in a location approved by LANDLORD. 48. Should a security patrol, police officer or any other competent individual . need to be hirel to curtail such activities as vandalism, loitering, littering, or any other disturbing activity to the center as a whole, or maintenance problem caused by this tenancy, the cost of such services I will be borne by TENANT. i4. A food, drink and smoking section will be allowed on said premises, so 1 long as they are confined to a given area inside said premises and dues not consume more than 201 of the total lease area. 50. No foosball, pool, air hockey or any other physically confronting contest type games will be allowed on said premises, any installed in said premises i will be considered a material breach of this lease, and will be subject to all remedies that LANDLORD may desire to effect. I. 51. Pinball machines will be allowed on a ratio of one per every seven . electronic machines. 52. Should LANULURU, at his sole discretion, deliver a termination notice to TENANT, TENANT agrees to shut dosaid business and vacate said premises ; within thirty (30) days, in which cast all privileges and liabilities i conveyed or required herein will cease and have no further effect on LANDLORD or TENANT, each to each. LANULORU will not exercise its rights in the above mentioned paragraph INIiIN3 to exploit TENANTS reputation or good will. 1 down f -17- r ; • vorrom -�_ \ \ ( !; 1 (. _ Vt‘‘ 1 --‘171-)11))1;41)i i \ \ : 4 Fs;;;' ---1 II ' \ 2:-—4'1‘. - -1- r2 —IS — . I i 's\ \il I 1 L. I 1 1 t' , awe e/ //4 , N it, 1 1•\ I\ ' ' . .•••• li 1 , 1 v& % % .A - ..,, 1. 1 . -°; Ur//////0//////0//////rL, .\‘i .-- i\ a\\\\D\\\\%\V`�,�a ' �Z11111111l11/.11!_111J� ` li' Ir 1 D w\ 1 - — i 1 1 .J ‘1 ‘I ii} i-:- 1 s, EIOIIeIT 'M