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MMD2019-00022
APPROVED MMD2O19 - 00022 BURGER KING NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2019-00022 1111 • BURGER KING TIGARD 120 DAYS =January 3, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: Burger King CASE NO.: Minor Modification(MMD) MMD2019-00022 PROPOSAL: The applicant is proposing a minor modification to an existing fast food eating and drinking establishment (Burger King) at 10105 SW Nimbus Avenue. Specifically,the applicant proposes to reduce the building footprint by 516 square feet, modify the roofline of the existing building, and to update the design and materials of the exterior building facades. The applicant also proposes minor upgrades to the site,in order to comply with the Americans with Disabilities Act. The applicant is not proposing any modifications to on-site parking, or on-site landscaping. APPLICANT: ADN Architects Attn:John Dodson 1330 Olympic Boulevard Santa Monica,CA 90404 OWNER: Jerry Christopher Robinson Trust Nancy Bishop Dietrich 9701 SE McLoughlin Boulevard Milwaukee, OR 97222 LOCATION: 10105 SW Nimbus Avenue;WCTM 1S134AA,Tax Lot 1900 ZONING DESIGNATION: MUE-2: Mixed-Use Employment 2 Zone. The MUE-1 and 2 zones are designed to apply to areas where employment uses such as office, research and development, and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are allowed that are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1, a high-density mixed-use employment zone. The Nimbus area is an example of an area designated MUE-2, requiring more moderate densities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320, 18.670,and 18.765.060.D MMD2019-00022 Burger King 1 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request.The findings and conclusions on which the decision is based are noted in Section IV. SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located at 10105 SW Nimbus Avenue, at the southwest intersection of SW Nimbus Avenue and SW Scholls Ferry Road. The 2.42-acre site is made up of one (1) tax lot (WCTM 1S134AA, Tax Lot 1900), and contains two (2) commercial buildings, with associated parking and landscaping.The site is zoned Mixed-Use Employment 2(MUE-2),and is located in the Washington Square Regional Center Plan District.The site is partially located in the Federal Emergency Management Agency Special Flood Hazard Area; however, the proposed modifications are located outside of these sensitive lands. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.320 Commercial Zone Development Standards: 18.320.040 Development Standards A. Base zone development standards are provided in Table 18.320.1. The applicant is proposing a minor modification to an existing fast food eating and drinking establishment. Specifically, the applicant proposes to reduce the building footprint by 516 square feet, modify the roofline of the existing building,and to update the design and materials of the exterior building facades. Staff reviewed the applicant's materials to confirm the modified building complies with the minimum setbacks and maximum height for the MUE-2 Zone. Additionally, the site will continue to meet the minimum floor area ratio of 0.3 for the MUE-2 Zone. There will be no change to maximum setbacks,lot coverage, or on-site landscaping. These standards are met. 18.320.050 Design Standards: A. Entrances. 1. A minimum of one entrance per building,or tenant space within a building without internal building access, must be visible and accessible from a public street. Additional entrances may face drive aisles,parking areas,or service areas. Staff reviewed the applicant's elevation drawings to confirm that at least one (1) entrance, located on the building's western facade,will be visible and accessible from a public street (SW Scholls Ferry Road). This standard is met. 2. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. Staff reviewed the applicant's site plan to confirm that the required building entrance (on the building's western facade)is at an angle that is no more than 45 degrees from the street that it faces (SW Scholls Ferry Road).This standard is met. 3. A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians.The required weather MMD2019-00022 Burger King 2 protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. Staff reviewed the applicant's elevation drawings to confirm that the required building entrance (on the building's western facade) is recessed, and covered with a canopy. This canopy is wider than the entrance, and is located less than six (6) feet above the top of the entrance. Additionally, the recessed entrance and canopy provide a three-foot-deep area of weather protection for pedestrians.These standards are met. B. Windows. Buildings or tenant spaces designed for ground floor use by Eating and Drinking Establishments, Sales-Oriented Retail, Repair-Oriented Retail, Personal Services, and Office uses must include a minimum of 50 percent window area on all ground floor street-facing facades. (Ord. 18-28 §1) The subject property is located in the Washington Square Regional Center Plan District. The ground floor windows design standard in the Washington Square Regional Center Plan District only requires a minimum percentage of windows on street-facing elevations within the building setback(zero to 10 feet) along public streets (CDC 18.670.080.B.2).The subject building is located more than 10 feet from the property lines that abut public streets (SW Nimbus Avenue and SW Scholls Ferry Road); therefore, the design standard outlined above conflicts with the Washington Square Regional Center Plan District ground floor windows design standard. CDC 18.670.020.B states that the standards and requirements in the Washington Square Regional Center Plan District govern in the event of a conflict. Accordingly, staff finds that the design standard outlined above does not apply to this proposal. 18.670 Washington Square Regional Center Plan District: 18.670.080 Building Design Standards B. Ground floor windows. 1. Purpose. Blank walls along the street frontage tend to be neglected and are not pedestrian friendly.Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from ground floor windows also adds to the presence of activity and the sense that someone is home. 2. Standard.All street-facing elevations within the building setback(0 to 10 feet) along public streets must include a minimum of 50 percent of the ground floor wall area with windows, display areas, or doorway openings. The ground floor wall area is measured from 3 feet above grade to 9 feet above grade the entire width of the street-facing elevation.The ground floor window requirement must be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50 percent of the ground floor window requirement may be met on an adjoining elevation provided the entire requirement is located at a building corner. The subject building is located more than 10 feet from the property lines that abut public streets (SW Nimbus Avenue and SW Scholls Ferry Road). Therefore, this standard does not apply. C. Building facades. 1. Purpose. Straight,continuous,unarticulated walls lack interest,character,and personality. The standard provides minimum criteria for creating a diverse and interesting streetscape. 2. Standard. Facades that face a public street must provide at least one of the following features at least every 50 feet: a. A variation in building materials; b. A building off-set of at least 1 foot; tim MMD2019-00022 Burger King 3 c. A wall area that is entirely separated from other wall areas by a projection, such as an arcade; or d. By another design features that reflect the building's structural system. Buildings greater than 300 feet in length must provide a pedestrian connection between or through the building. The northern, eastern, and western building facades face public streets (SW Nimbus Avenue and SW Scholls Ferry Road). Staff reviewed the applicant's elevation drawings to confirm that design features, such as a variation in building materials, or a building off-set of at least one (1) foot, are provided on these street-facing building facades. These standards are met. D. Weather protection. 1. Purpose. Weather protection is encouraged to create a better year-round pedestrian environment and to provide incentive for people to walk rather than drive. 2. Standard. Weather protection for pedestrians, such as awnings, canopies, and arcades, must be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk,and along building frontages between a building entrance and a public street or accessway. Public building entrances are located on the southern and western facades. Staff reviewed the applicant's elevation drawings to confirm that canopies are provided at these building entrances for weather protection. These standards are met. E. Building materials. 1. Purpose. High quality construction and building materials suggest a level of permanence and stature appropriate to a regional center. 2. Standard. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board, or vinyl siding are prohibited as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The applicant is not proposing to utilise any of these prohibited building materials. These standards are met. F. Roofs and roof lines. 1. Purpose. Roof line systems that blur the line between the roof and the walls of buildings should be avoided. This standard simply states that roofing materials should be used on the roof and that wall finish materials should be use on building walls.The premise is that future buildings in the WSRC should have a look of permanence and quality. 2. Standard. Except in the case of a building entrance feature, roofs must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are prohibited. Staff reviewed the applicant's elevation drawings to confirm the proposed roof is designed as an extension of the primary materials used for the building, and respects the building's structural system and architectural style.The applicant is not proposing any false fronts or false roofs.These standards are met. 18.765 Modifications: 18.765.060 Minor Modifications A. Definition.A minor modification has the following characteristics: 1. It has minimal impacts on surrounding properties,sensitive lands,or public facilities;and MMD2019-00022 Burger King 4 The applicant is proposing a minor modification to an existing fast food eating and drinking establishment. Specifically, the applicant proposes to reduce the building footprint by 516 square feet, modify the roofline of the existing building,and to update the design and materials of the exterior building façades. The applicant also proposes minor upgrades to the site,in order to comply with the Americans with Disabilities Act. As outlined in the findings above, this proposal complies with all applicable commercial zone development and design standards, and Washington Square Regional Center Plan District design standards.Accordingly,staff finds this proposal will have minimal impacts on surrounding properties, sensitive lands, or public facilities, and meets the definition of a minor modification. 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved. Staff reviewed the applicant's materials to confirm that this proposal does not cause the development to go out of conformance with any applicable standard,or further out of conformance if already nonconforming. This standard is met. D. Approval criteria. The approval authority will approve or approve with conditions a minor modification application when all of the following criteria are met: 1. The proposed modification qualifies as a minor modification as defined in Subsection 18.765.060.A; As demonstrated in the findings above, this proposal qualifies as a minor modification as defined in CDC 18.765.060.A. 2. If the proposal involves the modification of a condition of approval, at least one of the following criteria is met: a. The condition cannot be implemented for reasons outside the control of the applicant or property owner; b. The condition is no longer needed or warranted because circumstances have changed; or c. A new or modified condition better accomplishes the purpose of the original condition. The applicant is not proposing to modify a condition of approval.This criterion does not apply. CONCLUSION: This proposal qualifies as a minor modification to an existing development, as defined in CDC 18.765.060.A, and is in compliance with all applicable standards of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: A minor modification is a Type I procedure. As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not MMD2019-00022 Burger King 5 appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON SEPTEMBER 9, 2019, AND BECOMES EFFECTIVE ON SEPTEMBER 10, 2019. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@,tigard-or.gov. _ ✓� September 9, 2019 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee MMD2019-00022 Burger King 6 SITE PLAN NOTES 1. REVIEW CONDITION OF EXISTING CONCRETE FLAT WORK AND CURB,REPAIR AS REQUIRED.SEE DETAILS 1 THRU 4 SHEET C2 FOR CONCRETE CURBS AND FLAT WORK. 2. NEW CONCRETE MTWORK TO HAVE{4 BARS AT 16'O.C.E.W.OVER 2'OF SAND 3. REVIEW CONDITION OF EXISTING CONCRETE MTWORK AT DRIVE THROUGH LANE AND PERKING LOT,REPAIR AS REQUIRED. RECEIVED RE-6TR PE PARKING SPACES AND DIRECTIONAL ARROWS AS REQUIRED. / S C.C.TO REVIEW CONDITION OF LANDSCAPING INCLUDING BUT NOT UNITED T0;EX. / LAW4.TREES,SHRUBS,PLANTING BEDS,LANDSCAPE DES,FENCES AND DECORATIVE lr 1■ / WALLS AND IRRIGATION SYSTEMS AND REPAIR AS REQUIRED. air/ B. SEE DETAILS 1 AND 2 SHEET C2 FOR CONCRETE CURB AT WALKWAY AND LANDSCAPE /W ^ p� AREAS. SEP +' / �y 7. SEE DETAILS 3 AND 4 SHEET C2 FOR CONCRETE MTWORK TOOL JOINT AND r \( L J /' 6. EXPANSION RAMPS BE MAXIMUM 6'HIGH AND 6'-0'LONG'NTH MAXIMUM 1:12 ARMET DAVIS NEWLOVE& ' 9. ACCESSIBILITY DETAILS ARE LISTED ON SHEET C2 FOR COMPUANCE PURPOSES ASSOCIATES,AIA ARCHITECTS CITY OF TIGARD //' VERIFY AND IF NONE EXIST,PROVIDE.IF DAMAGED/UNREADABLE OR NON-COMPUANT, REPLACE. 1330OLYMPIC BLVD. PLANNING/ENGINEERING / 10.THE RUNNING SLOPE OF WALKING SURFACES SHALL NOT BE STEEPER THAN 1:20.THE SANTA MONICA,CALIFORNIA 90904 / / CROSS SLOPE OF WALKING SURFACES SHALL NOT BE STEEPER THAN 1:48.(CHAPTER P113104125533 FAX 310450-4742 / / !ACCESSIBLE ROUTES). ..,/ / 11.SURFACE SLOPES OF ACCESSIBLE PARKING SPACES AND ACCESS AIDES SERVING .../ A / LEVEL THEM A9 THE ALL 0T BE STEEPER THAN 1:48.ACCESS PARKIN SPACES THEY SERVE.CHANGESRSN LEVEL ARE NOTSHALL BE AT E SAME REV. DATE DESCRIPTION // ��v /- \ PERMITTED.(CHAPTER 4 ACCESSIBLE ROUTES)DETECTABLE WARNING PRODUCT APPROVAL-ONLY APPROVED DIVISION OF THE STATE ARCHITECT,ACCESS / / \ CCAPUANCE(DS/AC)APPROVED DETECTABLE WARNING PRODUCTS AND DIRECTIONAL / / SURFACES SHALL BE INSTALLED IN ACCORDANCE WITH ICC CHAPTER 4 ACCESSIBLE / / \ ROUTES '� �w��y p��'y / / 12.PROVIDE UNAUTHORIZED VEHICLES I ACCESSIBLE SPACE SIGN IF NONE EXIST.SEE ■/V_ ■GA ■a/E / VS),,, / RE-ST 12 SHEET C2 / / \ 13.RE-STRIPE PARKING LOT IN KIND PER CITY OF SAN JOSE. / / 14.PRESSURE GRAN DRIVE TROUGH LANE Approved •y P anning15.REPAIR BROKEN AND CRACKED CONRETE ND M WORK T PTHROUGH-OUT. 18.TRASH YARD NOTES ...--..- A / 16.1. REPAIR CONCRETE APRON AT TRASH YEARD ' ' , - / m�`�6B•00. 16.2. REPAIR AND RE-PAINT DOORS,AND GATES. 17.PAINT ALL PARKING LOT LIGHTS,REPAIR FIXTURES AS REQUIRED. 0ci},•,.• ............. / G / + ® �Rw +,*+ .� • \_ 1&REPAIR MENU BOARD.PAWING LOT SIGNS.REPLACE FACES,AND PAINT SIGNS BLACK. `�•+ // V // yam` REPAIR DAMAGED CONCRETE AT BASE wm�i� / / Initials; � y[ e�Aya / / + + - 2 AND CRACKS IN PARKING LOT,PARKING LOT TO BE • • 11'SSI I+RFI�+'i `_ - - ' - •+ + +�+� 2 IRRIGATION SYSTEM IS IN GOOD WORKING AND REPAIR/REPLACE AS G.G 1 1+7-le' • + 19.PLANT PYLON SIGN PCE BLACK AND PAINT CABINET SILVER. 0.GG TO REPNR ALL POT HC.ES SEAL COATED,AND STRIPED. ` / `+�hh • `*`• 1.G.C.TO REPAIR LANDSCAPE AS REWIRED,DEAD PLANTS TO BE REPLACED AND / V / TO IRRIFY IR / / '+ _ �l�m°A°o u •. ' REWIRED. / �O / Q'-. e>,./ _ 23.EXISTINGIMESIS SH N SHOWN.NO CHANDNGE. Rey`( 23.DIMENSIONS SHOWN ARE ROUGH AND FOR REFERENCE ONLY AND NEED TO BE / / / / ,,,x.,--4 >y ``��J / •`•' _� VERIFIED IN THE FIELD 5 \� ''` ..- / i /i/ D BURGER KING KSIBRNT • V• PROJECT INFORMATION ...... / + `+ +++ r r 10 BE RFNOWlEO `+ / / • h«+.j OL 3,78E SF.(MPROS.MCL \ ...... / // +• + '.y� /% �\•+ JOB DESCRIPTION:9TE 111:12K-REWORK(WALKWAY,ACCESSIBLE A, / PROPOSED:J752 BF. ` ,`\)1+++ PARKING SPACES TO MING THEN UP TO CODE ATV AS NOTED. o , 1;7G NI o ww w.o EXTERIOR RENOVATION-IMPROVE BELONG INN CFMEN111NNS // // /. r/ // // ,a SONG eoum TRIM Na PARAPET caPNs awe /+ --14111100.-----'"- _ /�a // // a9Elr-Tw / /. - ..Adv \ // /// Ft-K RONIN&CCANDLCAI PFDESIRIAN,FACILITY OENTFER 2698 / / f \� ,....... \J • ZONING ABBREVIATION,CP DEVELOPED AS PD. / / ' +. "> - ` LOT AREA:105,415 SF.(TOTAL CENTER) // // / / ----1- `-___,� �\ BMW NKA 1768 SF.CROSS FOOTPRINT EX _ 3,234 SF.GFA AFTER DENO.OF GEENHOUSE / `'• /GI N {Q m�un�mxj. '\\ '1 LANDSCAPE AREA: 91E ATI(yowl25.2X / \ LANDSCAPE AREA/9K RATA 2S2X ' LAFT7 j'. * `. ULT.. HNOICAP PARKING STALLS 4 SO . + ...--:*.•.%'.....+++++.•••_-...... ry TE VE a MD TO ESE RING W SRaGTICNS o W MO MEP TO .11 mow EG PINE NC SPECSO__E FE-USE ° NSI SY NW 1 NEW CONCRETE MIWgM,SEF MOM P.M WM 'O WM TESE FINIS NO h - �� =/ 11'1 ,,\� i� u IAA-M' ...h'�.j DETALS 3/C2 NIC 4/C2 FCR AIXDGR a Of ocasYrDnE w5'INfmKSvoH FAX FWpF1Ia a TE f+' roaww .3)vBcanm %AM. , +*++ - ` EE:: AOOOSOM i +\-i��1 `.«`•+ vERI 1/f/` 1`tt• .....± ... • • • . \ \ \ ..)0:+:••••+••••••••••••••:•••••••••••••••••••:••••••':. • L1F _L SI • °.\.«'. •+•+++'+++'«'+`«'+'+++'+'•`+'+'«`• '+'«'+'«`+'«'+++'«'«'«'+' +'+'+`+++•+`+h+`+h« + STORE #5282 �, . • , 4. • 4. • • • • © 10105 SW NIMBUS AVE. �,_\�,', • • • • • TIGARD, OR 97223 `•, ........ -�+�U.87•1.++''.`+ . . til. 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' T ' , s.7 NEW TOMER WITH 9� NICHIHA PANELS 4�'= `_ %, sat COMPANY COORDINATEONOPY LINE OF EX. ` : ',PFr .. MANSARD ROOF TO \` - SUPPLIER)TO AND BE DEMOLISHED- -. -. - ADJUST LENGTH Di BRACKETS TV. MOLISHH WT - - - .--_� _. AS REQUIRED E0: EO. E0, ,6 EQ [] �i -O.4 �1 _ _ ) I Capp:8'IRAN op lYP 1M:USE a MESE n,N6 MO sRuum6 Mnr W EM �-� aeMW O OU NKR 0!Y.DE �. ... --�.sr� ��--fc--i_-. ,o =x•11 _ (N)CANOPY rtSlxnm ro SE �=S •O7. Z F 1 T i•3'1772 7ZS' L. SSS E �Z Z III 4. .. __.__ HOUSE TO%9 GREENOM OR M M.6 PROMOYEEt MU TO OE xo..1KE IHR"6 EMS.MOM 10 UNE OF E%.HOOD TRIM TO BE REMOVED =4.".7.a. ����� . "�.�-�� s . DEMOLISHED z ______ - CSS SSli ffl' AT. I �. N SB>XrW. r L ,TT T2 /T1TTLTlTT.�lr. OF AND/OR NRR OVER FOR ����� 10./I O s.vt 111KM IbF rvmT OF II SUBSTRATE FOR NEW EXT. ��������� �•�••� _ - ��������L.�� Y _ 7RIYYY� ism JYYY I 10./MI Of x Rstacm6. PLASTER-TYP. ����� ��-��� -��.. ��..���. _�__��_�_�__���_�_�_�_�__ � Z �����������,.�•-ice.������. II. �� _ _ _ _ Z�� _s:.. _._�_� sTZZS._�--�- -- s. __ Cs _____N s�---ss�Z�s• =2_ Siflfl,�e� STEEL PIPE BOLLARD ������� � Z - ��� ��\ : aas_______.Z_ss_, ___________________ �N iI PANT WHERE OCCURS 1•• aW :••� �••� ��. •� ' Ik IlL_ .., NEW STOREFRONT ` ., TYP � .�.��.'rrr,T�rrlrTrrr*fn�T•;S{>�2$� >}2;3{dZ7+�'rrrr,T,TT:Tn-rLSTTZ.y�� r�� �� �y L>�Sf�'}S2C".fiZS�2�TVTrrTr•nrrr,�rr: �L _ ��oHK6000soK �, -- _ SANTA MONIG,CA MERCHANDISING ED,BRICK PAT«M AND E%.BRICK PATCH AND \, NEW T.O.SUB ,! REPLACE EX.UGHT ALIGN UNDER EACH , REPAIR WITH NEW , REPAIR AS •' I.D STOREFRONT � !f S` WITH NEW LED UGHT TTP. EX.ELECTRIC T. V NEW BRONZE SCHLUTER f I LE U(iM1H5-TYP. REPLACE EX.LIGHTS SERVICE PAINT EA BRICKTO PAINT IYP. 7HRWG1 WINDOW AND PAINT EW000 TiRIOM EX.BRICK PATCH AND OR 1 ` [Wan*Mk 100 90•F'E ,MTM NEW LED ! 1 NEW BREAK METAL REPAIR AS REWIRED �1 � '.,IiFY 9--.r EP4G/ MATCH EXISTING _'f ,. K UGHTHS-TYP. (EP2G) EX.WOOD TRIM REMOVE BRICK TO MATCH NO PAINT WAINSCOT NEW ORM METALi _I + 4lora-, 1 .1 D ANO/OR NRR OVER FOR STOREFRONT TYP. TO�MA1*C«N� V /� • NE BRICK PATCH AND RE.BRICK PATCH SUBSTRATE FOR NEW EXT. l�pproved b PI nning `/\ \DRIVE THROUGH ELEVATION REPAIR AS REWIRED WITH MERCHANDISING ALIGN AND REPAIR AS PLASTER-Tv. NEW EXISTING TO MATCH UNDER EACH UCHT REQUIRED SCALE: 1/4'=1'-0� FASTING 1W. TYP DOOR SCHEDULE DOOR NOTES LEGEND Date: �/C "G® NO. TYPE SIZE(W x HT.) THICK. CORE FACES FRAME GLASS HARDWARE NOTES ECT-1G EXTERIOR CERAMIC RLE: GRANITE FUN ,f,� I: CAMEL - 1. THE MINIMUM DOOR WIDTH OF EACH DOOR OPENING SHALL BE SUFFlCIEM FOR THE 9. PUSH OR PULL FORCE FOR A HINGED DOOR SHALL BE MEASURED PERPENDICULAR TO THE ( ) �'^"""'� I 1/4"TEMP. mac OCCUPANT LOAD THERE OF AND SHALL PROVIDE A CLEAR WIDTH OF NOT LESS THAN 32 DOOR FORCE AT THE DOOR OPENING HARDWARE OR 30 INCHES FROM THE HINGED SIDE, (EF-NO)EXTERIOR FINISH FIBER CEMENT: NICHIHU,VINTAGE WOOD CEDAR ' 1 1 PAIR 3'-0'X 7'-0' 1 3/4' AL AL ,� INCHES. THE HEIGHT OF DOORS SHALL NOT BE LESS THAN 80 INCHES. WHICHEVER IS FURTHER FROM THE HINGE.PUSH OR PULL FORCE FOR A SLIDING OR DUEL GLASS ' - OW 2. DOT DOORS SHALL SWING IN THE DIRECTION OR EXIT TRAVEL WHEN SERVING AN OCCUPANT FOLDING DOOR SHALL BE MEASURED PARALLEL TO THE DOOR AT THE DOOR PULL OR (TR-1G)ALUMINUM TRIMS,ARCHON: NICHIHA,VINTAGE WOOD CEDAR 2 2 3'-0•X 7'-0' 1 3/4' AL AL DUEL TEAS, II LOAD OF 50 OR MORE PERSONS OR A GROUP H OCCUPANCY. LATCH. /EP-2G EXTETBOR PAINT: PPG,COLOR"TANNER'S TAUPE'. GLASS 10. SWINGING DOOR AND GATE SURFACE WITHIN 10 INCHES OF THE FINISH FLOOR OR GROUND ` J FIELD VERIFY ALL ROUGH IN OPENING 3. EVERT DOT DOER SHALL BE OPERABLE FROM THE INSIDE WITHOUT THE USE OF A KEY, MEASURED VERTICALLY SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING (EP-40)EXTERIOR PAINT: PPG,COLOR"MONTEREY CUFFS,110fY 14/080 TOOL,ORSPECIAL KNOWLEDGE OR EFFORT.SPECIAL LOCKING DUCES SHNl BE AN LOCA710M THE NIL WIDTH OF THE DOOR OR GATE.PARIS CREATING HORIZONTAL OR VERTICAL JOINTS (MC-1G)METAL COPING: W.P.HICKMAN SYSTEMS,INC.,COLOR"SILVERSMITH',A-30 APPROVED DOOR TYPEIN THESE SURFACES SHALL BE WITHIN 1/16 INCH OF THE SAME PLANE AS THE OTHER 4. PROVIDE APPROVED PANIC HARDWARE ON REQUIRED EXIT DOORS.PANIC HARDWARE SHALL AND BE FREE OF SHARP OR ABRASIVE FIXES.CAVITIES CREATED BY ADDED KICK PLATES (MC-2G)METAL COPING W.P.HICKMAN SYSTEMS,INC.,COLOR PAINT TO MATCH EP-2G STORE #5282 BE PROVIDED ON EXIT DOORS SERVING ROOMS,CORRIDORS,OR STAIRWAYS WJIDUNG AN SHALL BE CAPPED. EXCEPTION:AUTOMATIC AND SLIDING DOORS OR GATES. (MC-3G)METAL COPING W.P.HICKMAN SYSTEMS,INC.,COLOR PAINT TO MATCH EP-8G 10105 SW NIMBUS AVE. OOCUPANT LOAD OF 50 OR MORE PERSONS,FROM ANY GROUP A E,OR 1-2 OR 1-2.1 ~3'-0' E 3-0' OCCUPANCY.ONLY PANIC HARDWARE APPROVED AND LISTED BY THE STATE ORE MARSHAL 11 THE LEVER OR LOVER OF ACTUATED LATCHES OR LOCKS SHALL BE CURVED WITH A RETURN (MDI-30)METAL CANOPY: CLEAR ANODIZED TIGARD, OR 97223 © fi0 -* ee SHALL BE INSTALLED. TO WITHIN I/2'OF THE DOOR TO PREVENT CATCHING ON THE CLOTHING OF PERSONS _ Q 5. DOT DOORS FROM GROUP A SHALL NOT(3E PROVIDED WITH LATCH OR LOCK UNLESS N IS DURING EGRESS. Gip-4G)METAL AWNING/STANDING SEAM ROOF: BERRIDGE ROOFING,COLOR PREMIUM METALLIC"ZINC COTE' ;- , / TRANSOM W/TEMP. PANIC HARDWARE OF FIRE EXIT HARDWARE. 12. ILLUMINATED DOT SIGNS ARE REQUIRED AT EACH EXIT AND ARE REWIRED TO HAVE /®-1G`EXTERIOR BRICK: PINE HALL BRICK.FACE BRICK,OLD IRVING 0/S 6/30 19 w fr��GIASS WHERE OCCURS 6. OPERABLE PARTS OF HANDLES,PULLS,LATCHES,LOCKS,AND OTHER OPERABLE PARTS MINIMUM 6'HIGH BY 3/4'STROKE BLOCK LLI IEKS ON A CONIRASITNG BACKGROUND.SEE /(SC-1/EXTERIOR STONE: CORONADO STONE,24'CHISELED STONE SILL(BROWNSTONE) JOB N0. ROTON HINGEFLOOR PLANS AND ELECTRICAL DRAWINGS FOR EXIT UGN LOCATIONS. MI A / ROTOR HINGE SHALL BE 34 INCHES MINIMUM AND 44 INCHES MAXIMUM ABOVE THE FINISH FLOOR OR • ALTERNATE LOCATION w` \ p ALTERNATE GROUND WHERE SUDINC DOORS ARE IN THE FULLY OPEN POSITION,OPERATING HARDWARE 13. PROVIDE TACTILE IXR SIGN AT REWIRED LOCATIONS.SEE FLOOR PUN FOR LOCATIONS AND (ST-1)DDERIOR STONE CORONADO STONE,QUICK STACH((CARMEL MOUNTAIN) OMAN BY DECKED BY FOR GA SIGN 3 LOCATION FOR ARE BE EXPOSED AND US4BI.E FROM BOTH SIDES.STALING AID LOCKING DOORS THAI 11/CS2 FOR DETAIL GENERAL NOTES ® / \ f O ARE HAND-ACTIVATED AND ON AN ACCESSIBLE ROUTE -PUL BE OPERABLE WITH A SINGLE D0 JD Ag ISA SIGN EFFORT BY LEVER-TYPE HARDWARE,PARD BARS,PUSH-PULL MTNATING BARS OR OTHER 14. GLAZING WITHIN 24.OF EITHER SIDE OF ANY DOORWAY AND LESS THAN 60'ABOVE A RE NNE O U- � PARD n PANIC HARDWARE DESIGNED TO PROVIDE PASSAGE WITHOUT REQUIRING THE ABILITY TO GRASP THE WALKWAY SHALL BE SAFETY GLAZING. HARDWARE HARDWARE OPENING HARDWARE. 15. GLAZING IN EXCESS OF 9 SO.FT.WITHIN 18'OF A WALKING SURFACE SHALL BE SAFETY 1. ALL SIGNAGE UNDER SEPARATE PERMIT. A4,0 GLAZING. 2. ALL EXISTING UG/4T BAND TO BE REMOVED AND INSTALL PLASTER NEW.SEE DETAIL 8 ON SHEET A8. / 7. DOORS CLOSERS AND GATE CLOSERS SHALL BE ADJUSTED SO THAT FROM AN OPENEXTERIOR ELEVATIONS Q3. PATCH,REPAIR AND PAINT ALL EXISTING EXTERIOR . REMAIN.REFER TO DRAWINGS ` V O / O DEGREES FROM DECREES,THE TIME SECONDS MIN J.DO AND DOUR TO R POSITION OR 12 16. VERIFY DOOR AND ROUGH OPENING DIMENSIONS WTI DOOR SUPPLIER. 1,2 AND 6 ON SHEET A9 FOR STANDARD PLASTER DETAILS. ASI ASI DEGREES THE LATCH IS 5 MINIMUM.DOOR EGES. SPRING HINGES 4. COSTING STOREFRONT FRAME FRAME AND GLASS SHALL BE CLEANED AND REPAIRED AS REQUIRED. 0 IXR.OR SHALL BE ADJUSTED SO THAT THE OPEN POSITION OF 70 DEGREES,THE DOOR OR GATE '� - ♦ - SHALL MORE TO THE CLOSED POSITION IN 1.5 SECONDS MINIMUM. S. NEW STOREFRONTEWEFINISH SHALL BE BRONZE FlNNH.EXISTING FRAMES TO BE PAINTED TO MATCH NEW STORE FRONT A)PAIR STOREFRONT DOORS SINGLE STOREFRONT DOORS 8. REQUIRED FIRE DOORS SHALL HAVE THE MINIMUM OPENING FORCE ALLOWABLE BY THE 6. SEE SHEET A7.1 FOR FINISH SCHEDULE. MEDIUM STYLE CLEAR ANODIZED O MEDIUM STYLE CLEAR ANODIZED APPROPRIATE ADMINISTRATIVE AUTHORITY,NOT TO EXCEED 15 POUNDS,OTHER EXTERIOR 7. SEE SHEET AL1 FOR NICHWA SIDING DETAILS. 4 W/1/4"TEMP.GLASS W/1/4'TEMP.CLASS AND INTERIOR DOORS SHALL HAVE A MAXIMUM OPENING FORCE OF 5 POUNDS. 8. PROVIDE METAL TRIM'SCHLUTER JOLLY"BY SCHLUTER SYSTEMS W/BRUSHED ANODIZED ALUMINUM FINISH 0 ALL OUTSIDE CORNER OF TILE FINISH. .. . Y NEW z• ARMET DAVIS NEWLOVE& "�earHio PANELS T (MD Pusme ', 1 ASSOCIATES,AIA ARCHITECTS , UNE GF ROOF •• 9 W NEW TOWER'NIX EXP ,-� EG(VERNY _.e.. N..,.;. AREAS OF NICHINA PANELS •, 1330P PAM BLVD. ® DETAIL 2/A9 .x 9Y. x»® REMOVED MANSARDS TIP BEYOND -® ,;_ SANTA MONICA CALIFORNIA 90101 CM NEW LOOT COPING MD CEEB -, NEW LOGO PR MO452-5533 FAX 310 4504742 TOP OP N - SIGN COPING BAND BY MANUFACTURER RN COPING SIGN REV. DATE DESCRIPTION 'TOP!K N COPING 4 I. -.. 1 ®-(MC-20) -:: COPING COPING p ."fl � �Tqq pp (VERIFY) UNE OF IX. TOP a COPING �" ���-n' BMANSARD E EMWSHED00K- TO 'a , I TVP.THROUGH-WT UNE OF IX. _._- 4 . " NE®-IHRU BE opro ROOF TO \ W$ CANOPY UNE OF EX BE DEIAWSHED- -^." TBT \ MANSARD ROOF AND TVP.THROUGH-OUT \ DRIVE THROUGH TO DRIVE TURF TO BE DEMOUSHED Illi 151'Jili'1 H' 111 I I III���� I'I'llil I1 I'�I 1,1'1' 1H ' _ .72'-._._I' �__ BOC E%.MK/OD TRIM TO BE REMOVED NEW TOMER VAIN AN/OR NRR OVER FOR ,T I 1 i I L 11 NICHIHA PANELS SUBSTRATE FOR NEW OCT. II J II J iT BEYOND PLASTER-TYR. PATCH REPAIR AND/OR CASTING BRICK PATCH � 1111M111iW 1011111811111111 II REPLACE REWIRED CONCRETEAT AS DRIVE THROUGH AREPATO MATCH EXIST.STORE FRONT TOM CH EXISTING STRUCTURE N N IR COSTING AN PAINT - REPAIR AS REWIRED CONDITIONS ® CR NEW STORE FRONT-GC VERIFY , SAE E%.UGHTS Will REAR ELEVATION EX EA'EOITNC NEW LED UGITS-TVP. , EXISTING GAS SERVICE \___/SCALE T/4' T'-0' DOOR REPNR AS UGHT OVER SERMCE DOOR REPLACE L UGHTS RE-PAINT TO MATCH REWIRED AN TO BE SECURITY NICHT EB-IG W1H NEW LIYED2��� BUILDING AS ALLOWED call �,"�_ ��•\� PAINT(EP-40 UGIT REPQR TO MAibx H EXISTING AND I( 4 F TIGARD l REPAIR TO MATCH EXISTING '`/ V TVP.AT WAINSCOT Approved 47y431/pi 9nning Initials: J._, RI1414 v ENE CR PLASTER SNC RSIIS110 10 MI/OMR LH.MR nF1.AM aTWrNm 94V/9 M41,04 M NEW TONER WIN 6 site DETAIL 2/A9 . AREAS CF REMOVED GREETNH• ow VE-VM.0:190=101-40 PAWN 01.Nfl ^^�b T T ® NICMIIA PANELS TVP. TOP. Wi1Nm. M MK POEM MIN NEW NI • u ,.. r,/EF-NG EP-2G - RAS MO SPIORMRS WM If pMANUFACTURER I l DECK KR RIO OWL MOIRES OW AWLS i DWM%MOLT 9411 11154 ROM E NEW LIGHT BAND BY MC-1G W�xia W M TOT¢ UNE OF ROOF MORI w : ® ® — __..,-s_.. SIGN MANVFACIUREF! COPING � `.: NEW LOGO NEW LOGO MEDv., COPIN NEW PPANELS •, SIGN NEW A NICHIHA �1EI •' G ® MP-3G ® A +2G-6'VERIFY COPING +�,_0•VERMy � �� T{, '"•.w".. 4TOP E COPING < NEW CANOPY _ TOP OF NEWT � I ... . i MN A ���jj i' COPIN - - ® Z_---_ STOP EF LFD UGIT BAND WA�•GiA M n " ui NEW LOGO • � � Illliil�i�l l�9. I�u i 'Nl�p.i�� ..I"�I�I I'li I'Ii�i II,.'�'I IIIA SIGN ;SAMAMONICA.CA 'malign IVB aF E%. EXPANSION ' ��.. / BEN EMOLISIRD-OOF e, • EXPANSION , 4 , ,ANN - BE DEMOUSHED- I I ``\ CM JOINT TTP.THROUGH-OUT I UNE OU IX. NEW CANOPY _ j'Ali NEW CANOPY LENGTH 24'7: MANSARD ROOF AND TW. / COORDINATE WTI NEW DRIVE THROUGH 'FCS 1934'SICK(BEYOND) _ STRUCNRE TB BE EYWSHED DIDK-ThNU4111 amiliediiiLft _' b��i���� CANOPY ��- +8'-B' +9'-4'VERIFY B.O.CANOPY j B.O.CANOPY �G FIELD VERIFY , C-Cr 2-0' NEW E%.PLASTER OVER Tl, `� •iW�IW1 �.__ T- _ MP-3C NEW FRAMING OVER AREAS �-L '°^� �W CANOPY PATCH REPAIR AND/OR ROOF-TVP. EF-2G 1 I�Ism1s.i i OF REMOVED MANSARD /ilk III pill REPLACE CONCRETE AS - T REWIRED AT REMOVED DRIVE : CASTING BRICK PATCH y` E r TOTHROUGHMACH ROOF STRUCTURE AN REPAIR TO MATCH �-C 1 :.O _O TO MACH EXISTING , CASTING AND PAINT B , II—, -- - LOCATE. CONDITIONS (EF-2G)- 4 ' '��: NEW STOREFRONT X i=ii _0 0 STORE #5282 � `��F�� '�i� FO AAB 10105 SW NIMBUS AVE. CT—tc� , NEW SluNLFRONT TIGARD, OR 97223 r-;- FRONT ELEVATION EXP. Tmo EB—,c ALIGN NEW BRICK VENEER AT 2 MATCH EXIS NG CANOP ES NEW WALL TO MATCH DATE SCALE. I/4- 1'-0' BRICK EXISTING BRIG( NEW BREAK METAL EXISTING TYR. 6/30/19 PATCH AND REPAIR NEW STOREFRONT AT POSTS TO MATCH TO MATCH EXISTING DOOR HANDLES TO STOREFRONT JOB NO. TVP.AT WAINSCOT BE BK LOGO TYPE WAN BY CHECKED BY DO JD OLE NIE A5.0 EXTERIOR ELEVATIONS A5.0 APPLICANT MATERIALS RECEIVED • City ofTigard SEP 0 3 2019Case #: b.ho i1-000z2 . " COMMUNITY DEVELOPMENT DEPARTMPK1tOF TIGARD IIII ® ANNING(ENGINEERING TIGARD Master Land Use Application 0,1 LAND USE APPLICATION TYPE (i Accessory Dwelling Unit(ADU) O Modification: Q Type I Li Type II ❑ Adjustment ❑ Planned Development: ❑ Annexation ❑ Consolidated Plan ❑ Comprehensive Plan Map Amendment ❑ Concept Plan (i Conditional Use Li Detailed Plan ❑ Downtown Design Review: ❑ Sensitive Lands Review: f 1 Track 1 ❑ Track 2 Ci Track 3 ❑ Type I Li Type II ❑ Type III ❑ Home Occupation—Type II ❑ Site Development Review: ❑ Type I ❑ Type II ❑ Land Partition ❑ Subdivision O Lot Line Adjustment/Lot Consolidation ❑ Temporary Use Permit O Marijuana Facility Permit O Urban Forestry Plan: ❑ Miscellaneous: [i Modification Li Discretionary Review Li Type II H Type III ❑ Zoning Map Amendment PROJECT INFORMATION Project name: Burger King Brief description of project: Extensive exterior facade renovation. New tower elements with nichiha siding. Existing mansards are to be removed and squared off. New canopies to be added over windows. New LED light band to be installed at parapet. All signage is to be updated. SITE INFORMATION Location (address if available): 10105 SW Nimbus Avenue, Tigard, OR 97223 Tax map and tax lot number(s): 1 S134AA01900 Site size: 2.42 Acres Zone: MUE-2 APPLICANT INFORMATION Name: John Dodson Mailing address: 1330 Olympic Blvd. City/State: Santa Monica, CA Zip: 90404 Phone: 310-452-5533 X 204 Email: Dodson@adnarch.com Applicant's representative: Phone: Email: City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION D Same as applicant (Attach list for additional owners) 1 Name: 6 t,►.) t ('^ �-t ,L,s 5 d C I e. 'S1 L-li(._, l/o l;��! 14.1 p4 e, ._.. Mailing address: /C.) / L 6c 4", 5ri. 3 ft) City/State: ItitAi Gv No j 140 Zip: 7 r'cd Phone: 3(40 c‘ 7-C(X Email: '. _ .. /1 - ' - -- SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigardplanneronduty@tigard-or,gov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Community Development Code. To the best of my knowledge,all the information provided within this application package is complete and accurate. .JON l',0` 10Dis , I PCT pI l/e pp ant's s ature* Print name Date Prop ner's signature* Print name '47 y &y'" Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF USU., ONLY Case lea H �� Ap lication fee Recet�tec Dat telatec�Cages , '' • .D6teOtOt .t xi fete b a City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 aft RECEIVED SEP 032019 CITY OF TIGARD PLANNING/ENGINEERING Chicago Title Company of Oregon PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein Chicago Title Company of Oregon hereby reports that it is prepared to issue, or cause to be issued, as of the specified date, a policy or policies of title insurance describing the land and the estate or interest hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in Exhibit One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a/an Florida corporation. Please read the exceptions shown or referred to herein and the Exceptions and Exclusions set forth in Exhibit One of this report carefully. The Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This preliminary report is for the exclusive use of the parties to the contemplated transaction, and the Company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the Company reserves the right to amend or supplement this preliminary report. Countersigned 1414-11U' 7 Preliminary Report Printed: 05.08.17 @ 03:14 PM OR----SPS-1-17-472517002517 CO Chicago Title Company of Oregon 1211 SW Fifth Ave., Ste 2130, Portland, OR 97204 (503)973-7400 FAX (503)248-0324 PRELIMINARY REPORT ESCROW OFFICER: Jennifer Lyke ORDER NO.: 472517002517 Jennifer.Lyke@CTT.com 503-973-7408 TITLE OFFICER: Tony Schadle TO: Chicago Title Company of Oregon 1211 SW Fifth Ave., Ste 2130 Portland, OR 97204 ESCROW LICENSE NO.: 201004072 BUYER/BORROWER: Nimbus Center Associates, LLC PROPERTY ADDRESS: 10115 S.W. Nimbus Avenue, Tigard, OR 97223 EFFECTIVE DATE: May 1, 2017, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM ALTA Loan Policy 2006 $ 6,500,000.00 $ 12,938.00 Extended Lender's OTIRO 209.3-06 - Covenants, Conditions and Restrictions (ALTA $ 100.00 9.3-06) OTIRO 208.2-06 - Commercial Environmental Protection Lien (ALTA $ 1,000.00 8.2-06) OTIRO 206-06 -Variable Rate (ALTA 6-06) $ 50.00 OTIRO 237-06 -Assignment of Rents or Leases (ALTA 37-06) $ 50.00 OTIRO 222-06 - Location (ALTA 22-06) $ 0.00 Government Lien Search $ 25.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Leasehold Estateas created by that certain Ground Lease identified in exception no. 7, herein 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Nimbus Center Associates, LLC, an Oregon limited liability company, successor in interest to Nimbus Center Associates, a joint venture 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF Preliminary Report Printed: 05.08.17 @ 03:14 PM OR SPS-1-17-472517002517 Order No.: 472517002517 EXHIBIT "A" Legal Description A tract of land situated in the Northeast one-quarter, Section 34, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being a portion of IKOLL BUSINESS CENTER, TIGARD, more particularly described as follows: Beginning at the Southeast corner of Lot 1 of said IKOLL BUSINESS CENTER, TIGARD, said point also being on the Southwesterly right of line of S.W. Nimbus Avenue; thence along said line and along a 230 foot radius curve to the right(chord bears North 34°35'26"West, 33.39 feet), a distance of 33.42 feet to a point of tangency; thence continuing along said line, North 30°25'38"West, 224.11 feet; thence North 75°25'05"West, 67.87 feet to a point on the Southeasterly right of line of S.W. Scholls Ferry Road (County Road 348); thence along said Southeasterly right of way line, South 59°35'28"West, 380.65 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 29°49'08" East, 64.85 feet; thence continuing along the Westerly line of said Tract A, South 74°49'08" East, 232.25 feet; thence North 59°25'38" East, 69.02 feet; thence South 75°25'38" East, 132.20 feet; thence North 59°34'22" East, 64.59 feet to a point on the Southerly right of way line of said S.W. Nimbus Avenue; thence along said Southerly right of way line, along a 230.0 foot radius curve to the right (chord bears North 52°48'28" West, 111.72 feet), a distance of 112.85 feet to the point of beginning. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 Order No.: 472517002517 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims, which are not shown by the Public Records but which could be ascertained by an inspection of the Land or which may be asserted by persons in possession thereof. 3. Easements, or claims thereof, which are not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien, or right to a lien, for services, labor, material or equipment rental, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6. City Liens, if any, in favor of the City of Tigard. None found as of May 4, 2017. 7. Terms and Provisions of that certain Ground Lease (with option to purchase) creating the estate shown as insured herein; Dated: May 19, 1978 A Memorandum of which was recorded: Recording Date: June 9, 1978 Recording No.: 78-026058 Lessor: William R. Robinson and Constance A. Robinson, and Chester L. Robinson and Evelyn Z. Robinson Lessee: MTR Company, a joint venture composed of T.L. Brandt, Michael P. Duyn, and Ruth Jones The above document was re-recorded by instrument; Recording Date: October 9, 1980 Recording No.: 80-036234 And further amended by instrument; Recording Date: May 14, 1986 Recording No.: 86-015491 The Lessee's interest under said Ground Lease, as to the property described in this report, is now held of record by: Nimbus Center Associates, LLC, an Oregon limited liability company, successor in interest to Nimbus Center Associates, a joint venture. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 Order No.: 472517002517 The Lessor's interest was assigned by mesne assignments and Deeds and by Quit claim. Grantor: Katherine West, the duly appointed, qualified, and acting personal representative of the estate of Constance A. Robinson, Deceased, Washington County Circuit Court case number C13-0101 PE Grantee: Jerry Christopher Robinson, as Trustee of the Jerry Christopher Robinson Trust uta dated April 21, 2016, as to an undivided one-half(1/2) interest, and Michael William Robinson, as to an undivided one-half(1/2) interest, as tenants in common Recording Date: January 17, 2017 Recording No.: 2017-004024 The Right, Title and Interest of Judy Speer, as to the Fee interest and also the Lessor's interest in said Lease, as acquired through a Memorandum of Assignment of Ground Lease with certain terms, covenants, conditions and provisions set forth therein. Dated: August 1, 2014 Assignor: Michael William Robinson AssigneeJudy Speer, formerly Judy Lee Robinson Recording Date: August 5, 2014 Recording No.: 2014-048634 8. Easement for the purpose shown below and rights incidental thereto as delineated or as offered for dedication, on the recorded plat of IKOLL BUSINESS CENTER, TIGARD: Purpose: Landscape buffer Affects: Tract"A" 9. Easement for the purpose shown below and rights incidental thereto, as granted in a document: Granted to: Portland General Electric Company Purpose: Electric power lines and appurtenances Recording Date: April 27, 1981 Recording No.: 81-014120 Affects: The Northwesterly 10 feet of Lot 1 And also by instrument; Recording Date: April 27, 1981 Recording No.: 81-014127 10. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recording Date: June 29, 1981 Recording No.: 81-022428 11. Declaration of Covenants, Conditions and Restrictions with Grant of easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document; Recording Date: March 1, 1985 Recording No.: 85-007248 And amended by instrument; Recording Date: September 21, 1995 Recording No.: 95-067346 12. Liens and charges as set forth in the above mentioned declaration payable to the Owner's Association Preliminary Report Printed: 05.08.17 @ 03:15 PM OR---SPS-1-17-472517002517 Order No.: 472517002517 13. Easement for the purpose shown below and rights incidental thereto, as granted in a document: Granted to: The State of Oregon, represented by its Department of Transportation, Highway Division Purpose: Slopes Recording Date: September 27, 1990 Recording No.: 90-053277 Affects: A portion of Tract"B" adjacent to S.W. Scholls Ferry Road 14. A Deed of Trust, Security Agreement and Assignment of Leases and Rents, and Financing Statement to secure an indebtedness in the amount shown below, Amount: $3,470,000.00 Dated: October 29, 2008 Grantor: Nimbus Center Associates, LLC, an Oregon limited liability company, successor in interest to Nimbus Center Associates, an Oregon joint venture consisting of George H. Killian and Joseph W. Angel I I Trustee: Chicago Title Insurance Company of Oregon Beneficiary: iQ Credit Union, a Washington State Credit Union Recording Date: November 4, 2008 Recording No.: 2008-090268 Notice of Continuation of the Financing Statement portion of said instrument; Recording Date: August 12, 2013 Recording No.: 2013-073842 15. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Nimbus Center Associates, LLC a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR----SPS-1-17-472517002517 Order No.: 472517002517 16. The following matters relative to the leasehold estate to be insured, herein; a) The Company will require a full copy of the lease to be insured, together with all supplements, assignments and amendments for review. If a memorandum or short form of the lease is to be recorded, a full copy of the executed lease is still required. b) Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors interest in the lease described or referred to in this report. c) Proof that there are no parties in possession, or claiming to be in possession, other than the vestees shown herein. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 17. Any lien or right to a lien for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. To remove this item, the Company will require an affidavit and indemnity on a form supplied by the Company. ADDITIONAL REQUIREMENTS/NOTES: A. NOTE: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2016-2017 Amount: $69,400.66 Levy Code: 051.85 Account No.: R1205163 Map No.: 1S134AA-01900 Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. B. NOTE: There are no matters against the party shown below which would appear as exceptions to coverage in a title insurance product: Party: Nimbus Center Associates, LLC Preliminary Report Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 Order No.: 472517002517 C. NOTE: The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Nimbus Center Associates, LLC a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. D. In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final 2006 ALTA Policy unless removed prior to issuance. E. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW AGENT. F. NOTE: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. G. Recording Charge (Per Document) is the following: County First Page Each Additional Page Washington $41.00 $5.00 NOTE: When possible the company will record electronically. An additional charge of$5.00 applies to each document that is recorded electronically. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR---SPS-1-17-472517002517 EXHIBIT ONE 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the (c) resulting in no loss or damage to the Insured Claimant; Company will not pay loss or damage,costs,attorneys'fees or expenses that arise by (d)attaching or created subsequent to Date of Policy(however,this does not modify reason of: or limit the coverage provided under Covered Risk 11,13,or 14);or 1. (a)Any law, ordinance or governmental regulation (including but not limited to (e)resulting in loss or damage that would not have been sustained if the Insured building and zoning)restricting,regulating,prohibiting or relating to Claimant had paid value for the Insured Mortgage. (i) the occupancy,use,or enjoyment of the Land; 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure (ii) the character,dimensions or location of any improvement erected on the land; of an Insured to comply with the applicable doing-business laws of the state where (iii)the subdivision of land;or the Land is situated. (iv)environmental protection; 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that or the effect of any violation of these laws, ordinances or governmental arises out of the transaction evidenced by the Insured Mortgage and is based upon regulations.This Exclusion 1(a)does not modify or limit the coverage provided usury or any consumer credit protection or truth-in-lending law. under Covered Risk 5. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency or (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the similar creditors' rights laws, that the transaction creating the lien of the Insured coverage provided under Covered Risk 6. Mortgage,is 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage (a)a fraudulent conveyance or fraudulent transfer,or provided under Covered Risk 7 or 8. (b)a preferential transfer for any reason not stated in the Covered Risk 13(b)of this 3. Defects,liens,encumbrances,adverse claims,or other matters policy. (a)created,suffered,assumed or agreed to by the Insured Claimant; 7. Any lien on the Title for real estate taxes or assessments imposed by governmental (b)not known to the Company,not recorded in the Public Records at Date of Policy, authority and created or attaching between Date of Policy and the date of recording of but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the Insured Claimant prior to the date the Insured Claimant became an Insured the coverage provided under Covered Risk 11(b). under this policy; The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance taxing authority that levies taxes or assessments on real property or by the Public affecting the Title that would be disclosed by an accurate and complete land survey of Records;proceedings by a public agency which may result in taxes or assessments, the Land. The term "encroachment" includes encroachments of existing or notices of such proceedings,whether or not shown by the records of such agency improvements located on the Land onto adjoining land,and encroachments onto the or by the Public Records. Land of existing improvements located on adjoining land. 2. Facts,rights,interests or claims which are not shown by the Public Records but which 5. Any lien for services, labor or material heretofore or hereafter furnished, or for could be ascertained by an inspection of the Land or by making inquiry of persons in contributions due to the State of Oregon for unemployment compensation or worker's possession thereof. compensation,imposed by law and not shown by the Public Records. 3. Easements,or claims of easement,not shown by the Public Records;reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the (b)not known to the Company,not recorded in the Public Records at Date of Policy, Company will not pay loss or damage,costs,attorneys'fees or expenses that arise by but known to the Insured Claimant and not disclosed in writing to the Company by reason of: the Insured Claimant prior to the date the Insured Claimant became an Insured 1. (a)Any law, ordinance or governmental regulation (including but not limited to under this policy; building and zoning)restricting,regulating,prohibiting or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy,use,or enjoyment of the Land; (d)attaching or created subsequent to Date of Policy(however,this does not modify (ii) the character,dimensions or location of any improvement erected on the land; or limit the coverage provided under Covered Risk 9 and 10);or (iii)the subdivision of land;or (e)resulting in loss or damage that would not have been sustained if the Insured (iv)environmental protection; Claimant had paid value for the Title. or the effect of any violation of these laws, ordinances or governmental 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency or regulations.This Exclusion 1(a)does not modify or limit the coverage provided similar creditors' rights laws, that the transaction creating the lien of the Insured under Covered Risk 5. Mortgage,is (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the (a)a fraudulent conveyance or fraudulent transfer,or coverage provided under Covered Risk 6. (b)a preferential transfer for any reason not stated in the Covered Risk 9 of this 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage policy. provided under Covered Risk 7 or 8. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental 3. Defects,liens,encumbrances,adverse claims,or other matters authority and created or attaching between Date of Policy and the date of recording of (a)created,suffered,assumed or agreed to by the Insured Claimant; the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance taxing authority that levies taxes or assessments on real property or by the Public affecting the Title that would be disclosed by an accurate and complete land survey of Records;proceedings by a public agency which may result in taxes or assessments, the Land. The term "encroachment" includes encroachments of existing or notices of such proceedings,whether or not shown by the records of such agency improvements located on the Land onto adjoining land,and encroachments onto the or by the Public Records. Land of existing improvements located on adjoining land. 2. Facts,rights,interests or claims which are not shown by the Public Records but which 5. Any lien for services, labor or material heretofore or hereafter furnished, or for could be ascertained by an inspection of the Land or by making inquiry of persons in contributions due to the State of Oregon for unemployment compensation or worker's possession thereof. compensation,imposed by law and not shown by the Public Records. 3. Easements,or claims of easement,not shown by the Public Records;reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. Preliminary Report(Exhibit One) Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: May 1, 2015; Last Updated: March 1, 2017 At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you,when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us How Information is Collected. We may collect personal with certain personal information about you, like your information from you via applications, forms, and contact information, address demographic information, correspondence we receive from you and others related to social security number (SSN), driver's license, passport, our transactions with you. When you visit our websites other government ID numbers and/or financial information. from your computer or mobile device, we automatically We may also receive browsing information from your collect and store certain information available to us Internet browser, computer and/or mobile device if you visit through your Internet browser or computer equipment to or use our websites or applications. optimize your website experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to information to our affiliates and/or nonaffiliated parties you, to improve our products and services, and to providing services for you or us, to law enforcement communicate with you about these products and services. agencies or governmental authorities, as required by law, We may also share your contact information with our and to parties whose interest in title must be determined. affiliates for marketing purposes. Choices With Your Information. Your decision to Information From Children. We do not knowingly collect submit information to us is entirely up to you. You can information from children who are under the age of 13,and opt-out of certain disclosure or use of your information or our website is not intended to attract children. choose to not provide any personal information to us. Privacy Outside the Website. We are not responsible for International Users. By providing us with you the privacy practices of third parties, even if our website information, you consent to its transfer, processing and links to those parties'websites. storage outside of your country of residence,as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting Access and Correction; Contact Us. If you desire to information to us or by using our website, you are contact us regarding this notice or your information, please accepting and agreeing to the terms of this Privacy Notice. contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: May 1, 2015; Last Updated: March 1, 2017 Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, "FNF", "our" or"we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the"Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number(SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP)address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business,we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR----SPS-1-17-472517002517 When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders,judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes—information about your transactions and experiences. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates' everyday business purposes—information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances,we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number- masked upon entry; • email address; • three security questions and answers; and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. Preliminary Report Printed: 05.08.17 @ 03:15 PM OR----SPS-1-17-472517002517 The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. 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Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888)934-3354 Preliminary Report Printed: 05.08.17 @ 03:15 PM OR--SPS-1-17-472517002517 RECEIVED VVYS E 1K/\ E 1 S H LLP 6Suite 130021 SW Morrison St. SEP 0 � ?nigt Portland,Oregon ATTORNEYS AT LAWVeCt972053816 ;fI PLAN tivu ::ts�<" 503.228.8448 firm . , E,c f,,r Katharine L.West litev a; klw@wysekadish.com Member of Oregon& California State Bars March 15, 2016 Via e-mail to ,vandi(ifcservicesllc.corn:: rnichelle@a fcservicesllc.corn and U.S. Mail NIMBUS: FC Services LLC 2501 SE Columbia Way Suite 240 Vancouver, WA 98661 Re: Assignment of Ground Lease To Whom it May Concern: Enclosed please find a Memorandum of Assignment of the ground lease for the property located at SW Scholls Ferry Road and Nimbus Avenue in Tigard. Until further notice,please make all future payments due under the ground lease to: Chester Robinson Trust c/o Thea Wood 9497 SW Ochoco Dr. Tualatin, OR 97062 If you have any questions or concerns about this assignment,you may contact me or Joe Tripi, who represents the trustees of the Chester Robinson Trust. Mr. Tripi may be reached at(503) 546-1505 or ioe@tripilaw.com. Thank you in advance for your cooperation. Sincerely, K. W e Katharine L. West End. After recording, return to: Katharine West Wyse Kadish LLP 621 SW Morrison St., Suite 1300 Portland, OR 97205 Tax statements: No change MEMORANDUM OF ASSIGNMENT BETWEEN: Katharine West, as Personal Representative of the ("Assignor") Estate of Constance A. Robinson 621 SW Morrison St., Suite 1300 Portland, OR 97205 AND: Lynn Robinson, Kay Bell, and Thea Wood, as. ("Assignee") Co-Trustees of the Chester Robinson Trust Pursuant to a Lease Assignment Agreement dated February 29, 2016, Assignor assigned to Assignee Assignor's interest under that certain Ground Lease Agreement dated May 19, 1978 and recorded in Washington County, Oregon on June 6, 1978 as Document number 78-26058. The Assignment is made as security for payment of a Money Judgment entered in Washington County Circuit Court case number C13-3619CV, and is effective until the Money Judgment is paid in full. The Assignment affects the real property described as follows: See Exhibit A, attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties have caused this memorandum to be executed as of the day and year first above written. AS SIGNOR: .4 1( /\ __ . f Katharine West, Personal Representative , Estate of Constance A. Robinson State of Oregon, County of Multnomah) ss. Acknowledged before me on February 29, 2016 by Katharine West, proven to me to be the Personal Representative of the Estate of Constance A. Robinson. I r .). OFFICIAL STAMP ` ' l3�Of�P.C.CaARCELOIV Cayyd9r- 7(...2Y4.1.---A- .4t=„4.., • NOTARY PUBLIC-OREGON COMMISSION NO.921669 Notary Public for Oregon MY COMMISSION EXPIRES OCTOBER 3O,2017 ASSIGNEE: L ' Robinson,Co-Trustee Chester Robinson Trust Kay Bell,Co-Trustee Chester Robinson Trust Thea Wood, Co-Trustee Chester Robinson Trust State of Oregon,County ofCls\-)\tom br )ss. Acknowledged before me by Lynn Robinson,proven to me to be a Co-Trustee of the Chester Robinson it. 0714",„•,, OFFICIAL STAMPl ``:" ELIZABETH ANNE JONES r- l }fir NOTARY PUBLIC-OREGON 1 /-L cibQ-' ` �,>;i� COMMISSION NO 921788B Notary Public for Oregon MY COMMISSION EXPIRES NOVEMBER 06,2017 State of Oregon,County of )ss. Acknowledged before me by Kay Bell,proven to me to be a Co-Trustee of the Chester Robinson Trust. Notary Public for Oregon State of Oregon, County of )ss. Acknowledged before me by Thea Wood,proven to me to be a Co-Trustee of the Chester Robinson Trust. Notary Public for Oregon ASSIGNEE: Lynn Robinson,Co-Trustee Chester Robinson Trust ell, Co-Trustee hester Robinson Trust Thea Wood,Co-Trustee Chester Robinson Trust State of Oregon,County of )ss. Acknowledged before me by Lynn Robinson,proven to me to be a Co-Trustee of the Chester Robinson Trust. Notary Public for Oregon State of Oregon,County ofNlvk-- )ss. Acknowledged before me by Kay Bell,proven to me to be a Co-T ee of the Chester Robinson Trust. OFFICIAL STAMP -t,ry OMAR GARCIA ROJAS �`�f NpTARY PU©LIC-OREGON t� I \,j! GOMMiSSION NO.94605b Na y P i f r Oregon MY COMMISSION EXPIRES JANUARY 12,2020 State of Oregon,County of )ss. Acknowledged before me by Thea Wood,proven to me to be a Co-Trustee of the Chester Robinson Trust. Notary Public for Oregon .... ......._. ASSIGNEE: Lynn Robinson,Co-Trustee Chester Robinson Trust Kay Bell,Co-Trustee Chester Robinson Trust Thea Wood,Co-Trustee Chester Robinson Trust State of Oregon,County of ss. Acknowledged before me by Lynn Robinson,proven to me to be a Co-Trustee of the Chester Robinson Trust. Notary Public for Oregon State of Oregon,County of )ss. Acknowledged before me by Kay Bell,proven to me to be a Co-Trustee of the Chester Robinson Trust. Notary Public for Oregon State of Oregon,County ofMaN )ss. Acknowledged before me by Thea Wood,proven to me to be a Co-Trustee of the Chester Robinson Trust. OFFICIAL STAMP Notary Public for Oregon CHRISTINA P'.SAMONTRY %" NO3ARY PUSUC.bREGQN �,, COMMISSION NO:9364$5 MY COMMISSION WIRES MARCH 02,2019 Exhibit A Lots 1,2 and 3, and Tracts A and B,Ikoll Business Center, Tigard, Oregon,as per the plat thereof recorded in Book 51,pages 31 to 33 of the Plat records of Washington County, Oregon. Commonly known as 10110, 10115, 10300, 10500 and 10565 SW Nimbus Avenue,Tigard. aE -.DIVED SEP 03 2019 CITY OF TIGARD PLANNING/ENGINEERING • ... GROUND LEASE BETWEEN WILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, and CHESTER L. ROBINSON and EVELYN Z . ROBINSON (Lessor) AND MTR COMPANY ( Lessee ) DATED MAY 19 , 1978 . \ f f ti INDEX Parties Pam Recitals 1 1 • SECTION 1 TERM 2 1 . 1 Initial Term 2 `' 1 . 2 Renewal Term SECTION 2 2 RENT 2 2.1 Amount of Rent 2 -■ _ 2. 2 Partial Month 5 2. 3 Payment of Rent SECTION 3 5 USE, OCCUPANCY 3. 1 U5 Use s 3 .2 Protection of Leased Premises 5 3. 3 Possession 6 SECTION 4 TAXES AND ASSESSMENTS 6 4 . 1 Taxes 6 4 . 2 Alternate Methods of Taxation 6 4 . 3 Assessments 7 4 . 4 Lessee ' s Election To Contest Tax ' Or Assessment 7 4 . 5 Deferred Taxes 8 SECTION 5 UTILITIES SECTION 6 9 LIENS AND CLAIMS 9 6. 1 No Mechanics ' Liens 9 Page 6. 2 Contest of Liens 9 6. 3 Notice of Construction 10 SECTION 7 CONSTRUCTION AND IMPROVEMENTS 10 7 . 1 Construction of ' Improvements 10 7. 2 Development of Leased Premises • 11 - SECTION 8 REPAIRS AND MAINTENANCE 11 8 . 1 Maintenance 11 8 . 2 Repairs , Alterations 12 8 . 3 Compliance With Laws 12 8 . 4 Contest of Laws 12 SECTION 9 DESTRUCTION OR DAMAGE 13 SECTION 10 CASUALTY INSURANCE 13 10 . 1 Maintenance Of Casualty Insurance 13 10 . 2 Application of Proceeds 14 10 . 3 Subrogation 14 SECTION 11 LIABILITY INSURANCE AND INDEMNITY 15 11 . 1 Liability Of Lessor 15 11 . 2 Indemnity 15 11 . 3 Insurance 16 SECTION 12 ASSIGNMENT AND SUBLEASING 16 12 . 1 Assignment 16 12. 2 Subleasing 17 SECTION 13 HYPOTHECATION 19 13 . 1 Right To Encumber The Leasehold Estate 19 wl - 460 13 . 2 Provisions For Protection Of Mortgages 19 13 . 3 Rights Of Mortgagee In Event Of Default Under Mortgage 21 13 . 4 Nonsubordination Of Rights Of Lessor 21 13 . 5 Surrender Of Lease 22 SECTION 14 DEFAULT 22 14 . 1 Events Of Default 22 14 . 2 Lessor ' s Remedies 23 SECTION 15 TERMINATION • 24 15 . 1 Condition Of Premises 24 15. 2 Fixtures , Personal Property 25 15 . 3 Holdover 26 15 . 4 Quitclaim 27 SECTION 16 ACTIONS BY LESSORS ; MANAGER 27 16 . 1 Manager, Authority 27 16 . 2 Change Of Manager 28 16 . 3 No Bar To Remedy 28 SECTION 17 OPTION TO PURCHASE 9 17 . 1 Grant Of Option 29 17 . 2 Exercise Of Option 29 17 . 3 Purchase Price 29 17 . 4 Conveyance , Title Insurance 29 SECTION 18 ESTOPPEL CERTIFICATES 30 ( iii ) W ' • 0 P--age SECTION 19 OTHER PROVISIONS 30 19.1 Notices 30 19 . 2 Attorneys ' Fees 31 19 . 3 Waiver ^` 31 19 ' 4 Lease Binding Upon Successors And Assigns 31 19 .5 Inspection 32 19.5 Relationship Of Parties 32 19 . 7 Time Of Essence < 32 19 . 8 Joinder In Instruments 32 19 . 9 Lessor' s Right To Perform Obligations Of Lessee 33 19 . 10 Condition Of Leased Premises 33 19.11 Number And Gender 34 19 . 12 Heading And Titles 34 19 .13 Entire Agreement ' 34 Signatures 34 Exhibit A Exhibit B ( iv) • t GROUND LEASE DATED: May 19 , 1978 BETWEEN : WILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, and • CHESTER L. ROBINSON and EVELYN Z . ROBINSON 1200 SW Bull Mountain Road Tigard , Oregon 97223 ( "Lessor" ) AND: MTR COMPANY, a joint venture composed of T. L. Brandt , Michael P. Duyn, and Ruth Jones P. O. Box 13367 Portland , Oregon 97213 ( "Lessee" ) Lessor is the owner of fee simple title to the • real property located in Washington County, Oregon and described in attached Exhibit A ( the "Leased Premises" ) , subject only to the exceptions and encumbrances described on attached Exhibit B. Lessor and Lessee have entered into an Earnest Money Receipt and Lease Option Agreement dated September 13, 1977 pursuant to which Lessor gave Lessee the option to enter into a long—term ground lease of the Leased Premises . Lessee has properly exercised its option to lease the Leased Premises from Lessor. Lessee now desires to lease the Leased Premises from Lessor and Lessor desires to lease the Leased Premises to Lessee on the following terms and conditions . Lessee desires to develop the Leased Premises as an industrial park and office complex and to sub--lease portions of this development to others . F I NOW THEREFORE , in consideration of the mutual 1-1 promises and conditions set forth in this Ground Lease ( the "Lease" ) , the parties agree as follows : SECTION 1 TERM 1 . 1 Initial Term The Initial Term of this Lease shall be for a period of NINETY-NINE ( 99 ) years commencing with the date first shown above and ending on the NINETY-NINTH ( 99th) anniversary of that date. 4 1 . 2 Renewal Term Lessee , in its sole discretion, shall have the option of extending the term of this Lease for two consecu- tive additional periods of TWENTY-FIVE ( 25) years each. If 4 Lessee desires to extend the term of this Lease for such TWENTY-FIVE (25 ) year period, Lessee shall give Lessor notice advising Lessor that the term is extended , which notice shall be given not less than ONE HUNDRED AND TWENTY ( 120 ) days prior to the expiration of the term of this Lease. If Lessee does , not exercise its right to extend the term of this Lease for the first TWENTY-FIVE ( 25 ) year period, Lessee shall have no further right to extend the term of this Lease . 2 SECTION 2 RENT 2. 1 Amount of Rent Lessee shall pay to Lessor rent in an amount equal to 44 . 46 acres multiplied by $22 , 000 per acre and multiplied by -the applicable percentages determined in accordance with : the following provisions of the Earnest Money Receipt and Lease . Option Agreement dated September 13 , 1977 : 04 The annual yearly rental during the primary term of ninety-nine ( 99 ) years is to be payable in equal monthly installments on the first day of each and every month for said term of the Lease and is to be an amount equivalent to the percent of the aggregate cost of Twenty-two Thousand Dollars ( $22,000 .00 ) per acre, which percentage is set out below: Percentage of Total Initial Gross Acreage Cost Based On Which is' DURING LEASE YEAR $22 ,000 Per Acre Rent of $4 , 890 .60• . 2 6% $4 , 890 . 60 3 8% $6, 520. 80 F, 4 8% $6, 520 . 80 g'L 5 - 30 ' 10% $8 , 151 . 00 31 - 60 To be Determined To be Determined 61 - 99 As Set Forth Below As Set Forth Below 61 • At the commencement of the 31st year of the term of the Lease , the percentage to be used for determining g the rent, as computed above, for the 31st through 60th years of the Lease term, shall be re-evaluated ; and , again, at the commencement of the 61st year of the Lease term, the percentage to be used for determining the rent, as computed V above , for the 61st through 99th years of the Lease term, it shall be re-evaluated . Upon each re-evaluation atzon of the percentage, the percentage to be used shall be the ratio between the rental charged and the then fair market value of properties which "are comparable to the leased Premises , exclusive of any value or rent attributed to improvements on the property. The percentage to be used shall be determined by an MAI appraisor selected in accordance with the method of choosing an appraisor for purposes of the purchase option price according to Section 2 . 1 . 2 . If Lessee elects to extend the term of this Lease , the rent percentage during any extension period shall be determined by an appraisor in accordance with the above, and the, actual rent shall be computed in accordance 2_4,4 with this Section 2 . 1 . At least ONE HUNDREDAND ------�-�- 10( FIRST (31st 'TWENTY (120) days prior to the carrnnn fent of the 'THIRTY- G'� ? year of the Initial Term of this Lease, Lessor and Lessee shall jointl select a Qualified MAI appraiser --� eland Lessee cannot aexperienced in appraising industrial Y' "�� gree on an appraiser by the NINETIETH (90th) day If �j the cora t of the THIRTY-FIRST year of the Initial Term of this Leas beforeek) appraiser shall be selected by the presiding Judge of the Washington County'Circ Court from a list of four appraisers, two selected Y Circuit �, by Lessee and two selected by � - � 4 .,. 2 . 2 Partial Month • Rental for a partial month shall be 1/30th of monthly rent multiplied by the Ned number of days in the term for such fractional rental month . Lease "+ 2 . 3 Pa mens Of Rent Rental under this Lease shall be paid to Lessor in care of the manager on or before the first day of each month during the term of this Lease at the address first above written . In the event that any present Lesso - Pers its interest r trans- in this Lease to more than one person , Lessee shall be required to make only one payment of rent and per month until Lessee receives a notice signed by all the parties constituting Lessor, Lessee shall make all rent t to the manager at the address shown above . SECTION 3 USE, OCCUPANCY 3 . 1 USe . Lessee shall use the Leased Premises or any portion for any lawful purpose . 3 . 2 Protectionof Leased Pre_ miles . Lessee shall not use or suffer or permit any person to use the Leased Premises or any portion for any purpose in violation of any applicable law, ordinance or regulation, subject, however, to right to contest the validityLessee s or applicability of ordinance or regulation under Section 8 . 4 . Y any law, Lessee shall not conduct or permit to be conducted any Public or private nuisance , shall not commit orsuffer any waste on the Leased - c K Premises , and shall not use the Leased Premises in a way unreasonably offensive to Lessors or others . 3. 3 Possession . Lessee shall have possession of the A Leased Premises as of the date first shown above . SECTION 4 TAXES AND ASSESSMENTS 4 . 1 Taxes During the term of this Lease, Lessee shall pay before delinquent all ad valorem real property taxes levied against the Leased Premises . Real property taxes for the first and last years of the term of the Lease shall be prorated between the parties as of the date of commencement. Lessor shall instruct the appropriate county official to send all tax statements directly to Lessee, and Lessee shall upon demand furnish to Lessor evidence of payment of the taxes required to be paid by Lessee . 4 . 2 Alternate Methods Of Taxation It is the intention of the parties that Lessee shall pay all taxes imposed on account of ownership or occupancy of the Leased Premises and that Lessor shall receive the rental for which provision is made in Section 2 free of any charge for any tax other than net or gross income taxes . Therefore , if at any time during the term of this Lease the method of taxation prevailing on May 19 , 1978 shall be specifically altered by law , Lessee shall pay any tax which may be imposed on Lessor to the extent that 6 the same is a substitute for or an alternative to ad valorem real property taxes , assessments or levies which now exist, but only to the extent that the tax would be payable if the Leased Premises were solely the property of Lessor . In no event shall Lessee be liable for the payment of any tax upon gross or net income of Lessor based upon the rental received by Lessor under this Lease . 4 . 3 Assessments During the term of this Lease, Lessee shall pay before delinquent any assessments against the Leased Premises , except that when any assessment is payable in installments Lessee may elect to pay such assessment in installments , in which case Lessee need only pay such installments of principal and interest coming due during the term of this Lease . If the assessment is payable in installments , Lessee may make application therefor in Lessor ' s name and as Lessor ' s attorney in fact . Lessor shall notify Lessee of any assessment made against the Leased Premises ,, and Lessee shall upon demand furnish to Lessor evidence of payment of assessments or installments required to be paid by Lessee . 4 . 4 Lessee ' s Election To Contest Tax Or Assessment Lessee may withhold payment of any taxes or assessments if a good faith dispute exists as to the obligation to pay or the amount of the taxes or assessments to be paid, provided that if the Leased Premises is subjected to a lien as a result of nonpayment , Lessee shall , within 15 days after the lien arises , deposit with Lessor cash, a sufficient corporate surety bond or other security reasonably satis- factory to Lessor in an amount sufficient to discharge the "hien plus any interest , penalties , costs , attorneys ' fees or ,-lother charges that could accrue as a result of foreclosure or 'sale . 4 .5 Deferred Taxes 4 . 5 . 1 The Leased Premises is presently encumbered with a l-i-rre for ad valorem real property taxes which have been deferred because the property has been used for farming purposes . 4 . 5 . 2 Lessee shall be responsible for paying the amount of all deferred ad valorem real property taxes which constitute a 1-i-ne- against the Leased Premises and have been assessed and accrued through May 19 , 1978 up to a total amount of $45 , 000 . Lessor shall be responsible for paying the amount by which such taxes exceed $45 , 000 . 4 . 5 . 3 Lessee shall not be required to pay the amount of deferred ad valorem real property taxes for which it is responsible until the taxing authority has notified Lessor or Lessee that payment is due . Promptly, upon receipt of such notice Lessee shall pay the amount of the deferred taxes for which it is responsible pursuant to Section 4 . 5 . 2 and Lessor shall pay the amount of deferred taxes for which 8 J - it is responsible pursuant to Section 4 . 3 . 2 . If the taxing authority permits the payment of deferred taxes over a period of time, whether subject to the imposition of an additional u charge or otherwise , Lessee may pay its share of the deferred taxes over such period of time , so long as it makes all such required payments when due , including the payment of deferred '' taxes as well as any additional charges for extended payment . SECTION 5 UTILITIES M During the term of this Lease, Lessee shall .pay or . - - cause to be paid before delinquent all charges for water , sewage , gas , electricity, garbage disposal , telephone and other utilities and services supplied to or used on the Leased Premises , and Lessor and the Leased Premises shall be protected and held harmless by Lessee therefrom. SECTION 6 LIENS AND CLAIMS 6 . 1 No Mechanics ' Liens . Lessee shall not suffer or permit any mechanic ' s liens or any other claims or demands arising from the work of construction , repair , restoration or removal to be enforced against the Leased Premises or any portion , and Lessee shall hold Lessor and the Leased Premises free and harmless from any and all liability for any liens , claims or demands , together with all interest , costs and expenses . 6 . 2 Contest of Liens . Lessee may withhold payment of any claim or demand or may elect to contest any lien if a 9 ..R good faith dispute exists as to the obligation to pay, • provided that if the Leased Premises is subjected to a lien and the lien is not discharged within 15 days , Lessee shall deposit with Lessor cash, a sufficient corporate surety bond or other security reasonably satisfactory to Lessor in an amount sufficient to provide for the discharge of the lien plus any interest , costs , attorneys ' fees or other charges that could accrue as a result of foreclosure or sale . In any contest over the validity of a claim or demand in which the Leased Premises is not subjected to a lien, Lessee shall , at its sole expense, defend itself and Lessor and shall pay and satisfy any final adverse judgment that may be rendered before enforcement of the judgment against Lessor or the Leased Premises, and 'Lessee shall name Lessor as an additional obligee under any surety bond furnished in the contest proceedings . 6 . 3 Notice of Construction . Lessee shall notify Lessor in writing at least 15 days prior to the commencement of any work on the Leased Premises the cost of which is to exceed $100 , 000 and the nature of which is such that a mechanic 's lien might be asserted on account of the perfor- mance of the work . SECTION 7 CONSTRUCTION AND IMPROVEMENTS 7 . 1 Construction of Improvements . Lessee may construct or cause to be constructed, such improvements on the Leased 10 Premises as Lessee decides to construct. For purposes of this Lease , " Improvements" shall include all buildings , structures , parking facilities and other improvements W placed on the Leased Premises and all grading , earthmoving and filling . All Improvements ' constructed by or under Lessee on the Leased Premises shall be the property of Lessee until the expiration or earlier termination of this Lease, at which time they shall become the property of Lessor . Lessee shall not remove or cause the Improvements to be removed without the express written consent of Lessor, which will not be withheld if Lessee makes arrangements reasonably satisfactory to Lessors to replace any Improvements which Lessee proposes to remove with new Improvements of at least equal value . 7 . 2 Development of Leased Premises . Lessor shall cooperate with Lessee in Lessee ' s development of the property by joining with Lessee in applying for any governmental permits or approvals necessary for the development of Lessee ' s industrial park and office complex upon the Leased Premises and if required by any governmental authority, Lessor shall dedicate to the public portions of the Leased Premises for roads , accessways , or open spaces . SECTION 8 REPAIRS AND MAINTENANCE 8 . 1 Maintenance . During the term of this Lease, Lessee shall maintain the Leased Premises and Improvements in 11 first--class condition , repair and appearance , and shall perform all necessary repairs and maintenance. 8 . 2 Repairs , Alterations . Lessor shall not be obligated to make any repairs , alterations or additions of any kind to the Leased Premises or Improvements , whether structural or -not structural , ordinary or extraordinary , foreseen or unforeseen . Any alterations or additions which Lessee desires to make on the Leased Premises shall be made by Lessee at its sole cost and expense . 8 . 3 Compliance With Laws . Lessee shall at its sole cost and expense promptly and properly comply with all present and future laws , ordinances , regulations, directions , rules , and requirements of all governmental authorities ( including but not limited to federal , state, county and municipal governments and their departments, bureaus , boards , agencies and officials ) arising from the use- or occupancy of or applicable to the Leased Premises , and in this connection will make all required repairs , alterations or additions . 8 . 4 Contest of Laws . Lessee shall have the right to contest or review, by legal procedure or in such other manner as Lessee in good faith may deem suitable , at its sole expense , any such law, ordinance , regulation, direction, rule or requirement , and if able may have the same cancelled, removed , - revoked or modified . Lessee must proceed in such a way that Lessor is not subjected to criminal prosecution and 12 that Lessor' s title to the Leased Premises is not subject to forfeiture , and Lessee agrees to indemnify and hold Lessor harmless from and against any civil liability as a result of any contest or review . Any proceedings shall be conducted promptly and shall include , if• Lessee desires , appropriate .appeals . Whenever requirements become absolute after a contest, Lessee shall diligently comply with all or so much of the requirements as shall have been sustained . SECTION 9 DESTRUCTION OR DAMAGE In the event that Improvements on the Leased ` Premises are destroyed or damaged during the term of this Lease, Lessee shall construct new Improvements of at least equal value or repair or restore the Improvements to a condition comparable to or better than that existing prior to the casualty . No destruction of or damage to Improve- ments on the Leased Premises shall effect an abatement or reduction in rental or an early termination of this Lease, this being a ground lease , and Lessee waives any contrary provisions of law. SECTION 10 CASUALTY INSURANCE 10 . 1 Maintenance Of Casualty Insurance During the term of this Lease, Lessee shall procure and maintain or cause to be procured and maintained by anyone holding under Lessee a policy or policies of fire insurance with standard extended coverage endorsements 13 • covering all Improvements that may be Placed or constructed on the Leased Premises by or under Les to the cash See in an amount replacement equal value of the improvements . The policy or policies shall be in a good and sol compan vent insurance y or companies reasonably acceptable to Lessor. Lessee shall reevaluate the insurance coverage at a minimum of TEN ( 10 ) year intervals and shall increase maintain amounts to cash replacement value coverage . Lessee shall • deliver to Lessor certificates of coverage evidencing the 4 ,ra insunce The policy or policies shall contain endorse- menks providing that coverage will not be cancelled or diminished without 15 days ' written notice to 10 . 2 Lessor_ Application Of Proceeds In the event of a casualty covered by insurance Lessee shall , in accordance with the terms of any mortgage or trust deed encumbering the Leased Premises or Lessee ' s interest in the Leased Premises, use the to re air to of insurance P restore or replace damaged or destroyed improvements or to construct additional Improvements on the Leased Premises . Any proceeds remaining at the expiration or earlier of this Lease shall remain the termination Property of Lessee . 10 . 3 Subbro ation In no event shall Lessor be liable to Lessee for any loss or damage sustained by Lessee which is insurable under a fire insurance policy with standard extended coverage 14 •1 endorsements . If possible to obtain , Lessee shall procure an endorsement on any policy of fire insurance which may be issued to it covering the Improvements and personal property , fixtures and equipment located in or on the Leased Premises pursuant to which the insurer shall waive any right of ,• subrogation against or consent to a waiver of any right of _ recovery against Lessor. SECTION 11 LIABILITY INSURANCE AND INDEMNITY 11 . 1 Liability Of Lessor Lessor 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 Lessee or anyone holding under Lessee, the occupancy or use of the Leased Premises or any portion by or under Lessee, or any ti state or condition of the Leased Premises or any portion . 11 . 2 Indemnity Any provisions of this Lease to the contrary notwithstanding and irrespective of any insurance carried by Lessee for the benefit of Lessor under the terms of this Lease , Lessee shall protect, indemnify and hold Lessor and the Leased Premises harmless from any and all damages or liabilities at any time occasioned by or arising out of any act , activity or omission of Lessee or anyone holding under Lessee , . the occupancy or use of the Leased Premises or any portion by or under Lessee , or any state or condition of the Leased Premises or any portion . 15 11 . 3 Insurance During the term of this Lease, Lessee shall procure and maintain a policy or policies of public liability and property damage insurance in a good and solvent insurance company or companies reasonably acceptable to Lessor for t the mutual benefit of Lessor and Lessee . The insurance ,.. shall have primary protection limits of not less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ( $300 , 000 .00 ) for public liability and ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100, 000 .00) for property damage, and Lessor shall be named as an additional insured . Lessee shall deliver to Lessor certificates of coverage evidencing the insurance . The policy or policies shall contain endorsements providing that coverage will not be cancelled or diminished without 15 days " written notice to Lessor. SECTION 12 ASSIGNMENT AND SUBLEASING 12 . 1 Assignment 12 . 1 . 1 Lessee may assign this Lease to any other person or entity without the consent of Lessor, but in the = case of such an assignment Lessee shall remain liable for the full performance of all of the covenants of Lessee under this Lease . 12 . 1 . 2 Lessee may assign this Lease to any other person or entity with the prior consent of Lessor, which consent , except for a case covered by Section 12. 1 . 3 , may be 16 withheld by Lessor without reason and arbitrarily, and upon such an assignment Lessee shall have no further liability to anyone under this Lease . 12. 1 . 3 If Lessee assigns this Lease to any person or entity with a net worth, based on its most recent financial statements , of at least FIVE MILLION AND NO/100 DOLLARS ( $5, 000 , 000 .00 ) , then Lessor shall automatically consent to such an assignment, no further consent of Lessor shall be required and Lessee shall have no further liability to anyone under this Lease . 12 . 2 Subleasing 12 . 2 . 1 Lessee shall have the right from time to time to sublease all or any portion of the Leased Premises without obtaining the consent of Lessor, but Lessee shall continue to be liable for the performance of all terms, covenants , conditions and obligations of this Lease, including but not limited to the payment of rental and other charges . 12. 2. 2 If Lessee .subleases a portion of the Leased Premises to any person or entity with a net worth, based on its most recent financial statements , of at least FIVE MILLION AND NO/l00 DOLLARS ( $5, 000 ,000 . 00 ) , then such a sublease shall be treated as a direct lease between Lessor and such sub-lessee . In the case of such a sublease, Lessee shall advise Lessor of the total amount of square footage of the Leased Premises covered by such a sublease and the 17 sublessee shall pay directly to Lessor that portion of the rent required by this Lease which is equal to the total rent required by this Lease multiplied by the ratio between the 4 number of square feet of the Leased Premises covered by such a sublease and the total number of square feet in the Lease Premises . With respect to this portion of the rent due under this Lease , Lessee shall have no responsibility to pay this portion and Lessor shall look directly to such sublessee for the payment of this portion of the rent due under this Lease . No default by Lessee of this Lease shall have any 6.4 effect on such sublease which shall continue in full force and effect, until breached by the sublessee . No default by such a sublessee shall have any effect on this Lease or Lessee ' s rights under this Lease or any other sublessee ' s rights . Any such sublease shall be on terms consistent with the terms of this Lease . 12 . 2 . 3 Lessor shall , at Lessee ' s request, execute and deliver to any subtenant a recognition and nondisturbance agreement which shall assure the subtenant , so long as it is not in default under its sublease , the quiet possession of the subleasehold during its term notwithstanding any termina- tion of this Lease . 12 . 2 . 4 If this Lease is terminated or expires any sublease then in effect shall become a direct lease between Lessor as lessor and the subtenant as lessee. 18 SECTION 13 HYPOTHECATION 13 . 1 Right To Encumber The Leasehold Estate Lessee may at any time and from time to time without the consent of Lessor mortgage , encumber, assign or hypothecate by mortgage , deed of trust or otherwise ( "Mortgage" ) all right, title and interest of Lessee in the leasehold estate created by this Lease to a lender ( "Mortgagee" ) . • 13 . 2 Provisions For Protection Of Mortgagee 13. 2. 1 Any Mortgagee shall have the right at any -time during the term of this Lease : (a ) To do any act required of Lessee, and all acts done or performed shall be effective to prevent a forfeiture of Lessee ' s rights under this Lease as if the act or acts had been done or performed by Lessee ; and (b) To rely on the security afforded by the . leasehold estate and to acquire and succeed to the interest of Lessee by foreclosure , whether by judicial sale, power of sale contained in any security instrument or deed given in lieu of foreclosure , and thereafter to convey or assign title to the leaseholdestate to any other person. 13 . 2 . 2 If Mortgagee has requested in writing a notice from Lessor of any default by Lessee under this Lease, Lessor shall give written notice to Mortgagee by registered or certified mail , at the place requested by Mortgagee , before exercising any right or remedy under this 19 s Lease on account of Lessee ' s default, and Lessor shall not - exercise any right or remedy if Mortgagee shall : ( a ) Pay the rental or other charges due under the terms of this Lease within 60 days after receipt _by Mortgagee of a statement specifying the total amount due ; ,or ( b) Cure or commence and pursue with diligence correction of any default other than nonpayment within 60 days after service on Mortgagee of written notice from Lessors of Lessors ' intention to terminate this Lease ; or (c ) Undertake in writing on or before the expiration of 60 days following written notice performance of all terms , covenants , conditions and obligations of this Lease capable of performance by Mortgagee . In the event of an undertaking or in the event a default is not susceptible of. being cured by Mortgagee , a default shall be deemed cured if Mortgagee, shall proceed in a timely and diligent manner to accomplish the foreclosure of Lessee ' s interest . If foreclosure proceedings shall be subject to leave of any court ( as in the case of a bankruptcy proceed- ing ) and leave shall have been applied for but not obtained by Mortgagee , the default shall be deemed cured if Mortgagee has attempted to obtain leave in a timely and diligent manner . The obligation of Mortgagee to perform the terms of 20 • • construed as resulting in a subordination in whole or in part of the fee estate of Lessor to any mortgage given to secure an indebtedness of Lessee . 13 . 5 Surrender Of Lease Until such time as the indebtedness of Lessee to a Mortgagee who has notified Lessor in writing of the existence of a mortgage shall have been satisfied , Lessor shall not, without the prior written consent of the Mortgagee, accept any surrender or consent to any modification or assignment of this Lease, any part or portion of the Lease term or any interest therein. SECTION 14 DEFAULT --- 14 . 1 Events Of Default The following shall constitute events of default : 14 . 1 . 1 Failure of Lessee to pay rent or other sums payable to Lessor, but Lessee shall have 30 days following written notice from Lessor to cure default in 4 payment . No notice' of default for nonpayment of rental shall be required if during the same calendar year Lessor has already twice sent notices to Lessee concerning nonpayment of rent . 14 . 1 . 2 Failure of Lessee to perform any other term, covenant , condition or obligation of this Lease , but Lessee shall have 60 following written notice from Lessor specifying the nature of the default in which to cure or, if 22 the default cannot be cured within 60 days , to commence and pursue with reasonable diligence curative action. No notice ! of default shall be required if during the same calendar :N year Lessor has already sent a notice to Lessee concerning default of the same term, covenant , condition or obligation . 14 . 1 . 3 Dissolution , termination of existence, insolvency, ' discontinuance as a business failure going business ( except for labor disputes ) , appointment of a receiver of any of the property of , assignment for the benefit of creditors by, or commencement of any proceedings under any bankruptcy or insolvency laws by or against Lessee or any of the parties constituting Lessee . 14 ' 2 Lessor ' s Remedies 4 Following an event of default and after notice and the opportunity to cure , given pursuant to Section 14 . 1 , Lessor , in addition to any other remedy which may be available at law, in equity or otherwise, shall have the right , without further demand or notice to reenter and eject all persons from the Leased Premises , using due process of law, and either : 14 . 2 . 1 Declare this Lease terminated , in which event Lessee shall immediately pay Lessor a sum of money equal to the amount , if any, by which the then cash value of the rent reserved under this Lease for the balance of the Lease term and for which Lessee is still responsible exceeds 23 the then reasonable cash rental value of the Leased Premises for the balance of the Lease term, and any other sums due; ry or w 14 . 2 . 2 Without terminating this Lease relet the Leased Premises or any portion as the agent and for the account of Lessee upon such reasonable terms and conditions as Lessor may deem advisable , in which event the rents received on such reletting shall be applied first to the reasonable expenses of reletting and collection, including necessary renovation and alterations of the Leased Premises , reasonable attorneys 'Y fees and real estate commissions paid, and thereafter to payment of all sums due or to become due to Lessor from Lessee under this Lease , and if a sufficient sum shall not be realized for the payment of rental and other charges, Lessee shall pay Lessor any deficiency monthly, notwithstanding that Lessor may have received rentaln in excess of the rental stipulated in this Lease in subsequent months - previous or , . and Lessor may bring actions to recover • monthly deficiencies as they. arise . Any reentry shall be allowed without hinderance by Lessee , and Lessor shall not be liable in damages for reentry or be guilty of trespass or forceable entry . SECTION 15 TERMINATION 15 . 1 Condition Of Premises Upon the expiration or earlier termination of this Lease, Lessee shall surrender. the Leased Premises to Lessor 24 w +.r • in first-class condition . Depreciation and wear from ordinary use for the purpoSe for which the Leased Premises were let need not be restored � .,� � but all repair and maintenance for which Lessee is responsible shall be completed to the latest practical date prior to surrender. 15 . 2 Fixtures , Personal Pro ert With the exception of movable trade fixtures owned by Lessee or any subtenant, all Improvements and fixtures placed on the Leased Premises during the term of this Lease shall , at Lessor ' s option, become thero e P p rty of Lessor. Lessor may elect to require Lessee to remove all fixtures but not Improvements which would otherwise remain the property of Lessor and to repair any damage resulting from removal . In addition, Lessee shall remove all movable furnishings, furniture and trade fixtures which remain thero P perty of Lessee and repair any damage resulting from such removal . If • Lessee fails to remove any Property required to be removed or to repair any damage , Lessor may elect to proceed as follows : 15 . 2 . 1 Retain or dispose of the abandoned property and charge the cost of removal and repair of any physical damage- to Lessee with interest at the rate of 10 percent per annum from the date of expenditure until paid; or 15 . 2 . 2 Following 10 days ' written notice to Lessee remove the property and place it in public storage 25 for Lessee ' s account, in which case Lessee shall be liable for the cost of removal , repair of damage, transportation and storage with interest at the rate of 10 percent per annum from the date of each expenditure until paid . 15 . 3 Holdover Should Lessee fail to vacate the Leased Premises -• when required or fail to remove property as required by paragraph 15 . 2 , and such failure substantially interferes with occupancy of the Leased Premises by another tenant or by Lessor for any purpose, including preparation for a new tenant , Lessor ' s rights shall be as follows : 15 . 3 . 1 Lessor may elect to treat- Lessee as a tenant from month-to-month subject to all of the terms , covenants , conditions and obligations of this Lease except the provision for term. Such month-to-month tenancy shall be terminable at the end of any monthly rental period upon written notice from Lessor given not less than 10 days prior to the termination date which shall be specified in the notice . Lessee waives any notice which would otherwise be provided by law with respect to a month-to-month tenancy. 15 . 3 . 2 Lessor may elect to take legal action to eject Lessee from the Leased Premises and to collect any damages caused by Lessee ' s wrongful holding over. Nothing in this paragraph shall be construed to give Lessee the right to hold over or to continue in possession of the 26 .4. • • Leased Premises after the expiration of the term of this -� Lease . 15 . 4 Quitclaim Upon the expiration or earlier termination of this Lease , Lessee shall execute , acknowledge and deliver to 'Lessor within five days following written demand from -4 Lessor any quitclaim deed or other document required by any reputable title company to remove the cloud of this Lease from the real property subject to this Lease . SECTION 16 ACTIONS BY LESSORS ; MANAGER 16 . 1 Manager , Authority. For the purpose of performing duties , taking actions , receiving notices and otherwise representing and • acting for Lessor under this Lease , William R. Robinson is designated as Manager. All acts to be performed by the Manager shall be in its sole discretion, except as limited as follows : 16 . 1 . 1 Any modification or of amendment to this Lease must be with the unanimous consent of all present persons constituting Lessor and must be made upon the consent of Lessee . If any present person constituting Lessor has transfered its interest, then this Lease may be modified or amended in any respect by a vote of 75 percent in percentage interest of the parties then constituting Lessor under this Lease and upon the consent of. Lessee . 27 . 16 . 1 . 2 Upon an event of default , the Manager may exercise discretion in declaring a default by Lessee of this Lease , but a default must be declared and action to terminate this Lease instituted upon the written demand of • at least 75 percent in percentage interest of the persons constituting Lessor under this Lease . ,.K 'The Manager shall have authority to perform all acts per- mitted or required of Lessor under this Lease , including 4.41 the right to institute or defend legal actions on behalf of Lessor . All expenses and fees of the Manager shall be • shared equally by the persons constituting Lessor in accordance with the percentage interests of the tenants in common of the fee of the Leased Premises . 16 . 2 Change of Manager Should Lessor at any time desire to replace the Manager, a new Manager shall be appointed upon a majority . vote in percentage interest of the tenants in common of the Leased Premises and Lessee shall be given written notice of the new person appointed Manager . Upon receipt of this notice Lessee shall deal with this person as the Manager . 16 . 3 No Boar To Remedy Nothing in this section shall preclude any Lessor from exercising any remedy, other than termination , upon an event of default . Action to terminate this Lease shall be taken only through the Manager . 28 ;• ' . - -- ' - r 1 SECTION 17 ! OPTION TO PURCHASE 17 . 1 Grant Of Option Lessor grants to Lessee the right and option to "w purchase the Leased Premises at any time during the THIR FIRST ( 31st ) or SIXTY-FIRST ( ClT st } year of the term of th Lease . 17 . 2 Exercise Of Option � If Lessee desires to purchase the Leased Pre i kad this and exercise mese Option , Lessee shall give Lessor notice i • y exercise within the ` time periods referred to in Section 17 17 . 3 Purchase Price +64 Upon receipt of Lessee ' s notice given pursuan Section 17 . 2 t tc an MAI appraiser shall be selected in accor- dance with Section 2. 1 . 2 The appraiser, after selection, shall determine the then fair market value of the _ Leased Premises exclusive of any value attributable to Improvement ' placed on the Leased Premises or this Lease . The purchase price shall be the value as determined by the a --- purchase of the Leased Premises shall ppraisor . 'II within SIXTY ( 6C days after receipt by Lessee of the appraiser' s final The sale shall be on such terms report •" as the parties may agree upo within THIRTY -- ( 30 ) days prior to the Closing Date, but if th, — parties are unable to agree, then the sale shall be for r cash . Conv� e_ yance , Title______Insurance At closing Lessor shall convey the Leased Premises to Lessee by a special warranty deed free and clear of all _ 29 r liens or encumbrances except those set forth in Exhibit B and those arising through or under Lessee. Lessor shall at its sole cost and expense provide Lessee with an owners policy of title insurance in the full amount of the purchase price insuring Lessee as the owner of the Leased Premises subject only to the exceptions referred to in Exhibit B, exceptions arising from or under Lessee and the standard printed exceptions . SECTION 18 ESTOPPEL CERTIFICATES Lessor and Lessee shall at any time and from time to time upon not less than 10 days prior written request that the other deliver to the requesting party an executed and acknowledged statement in writing certifying that this Lease • is unmodified and in full force and effect ( or if there has • been any modification , the nature of the modification and that the Lease is in full force and effect as modified ) , that to its knowledge the requesting party is not in default under this Lease (or if a default exists , the specific nature and extent of the default) and the date to which rent and other charges have been paid . SECTION 19 OTHER PROVISIONS 19 . 1 Notices Any notice to be given or other document to be delivered by either party to the other under this Lease shall be effective when either delivered in person to the • 30 • • other party or deposited as registered or certified mail , postage prepaid , addressed to the party to whom intended at the address specified in this Lease . Any party may by written notice to the other designate a different address for notices . 19 . 2 Attorneys ' Fees j In the event any proceeding is brought by Lessor to recover rent or other charges due and unpaid under this Lease or to recover possession of the Leased Premises , or in the event any proceeding is brought by either Lessor or Lessee against the other to enforce or for the breach of any of the terms , covenants , conditions or obligations of this Lease , the prevailing party shall be entitled to recover reasonable attorneys ' fees , together with costs and disburse- r ments at all judicial levels, including any appeals . 19 . 3 Waiver A waiver by either party of a breach of any term, covenant , condition or obligation of this Lease shall not constitute a waiver of any succeeding breach or prejudice the party ' s right otherwise to demand strict compliance with the same or any other term, covenant, condition or obligation . 19 . 4 Lease Binding Upon Successors And Assigns Subject to the limitations contained in Section 12 , this Lease and each of its terms , covenants , conditions and obligations shall extend to, be binding on and inure to the 31 benefit of the successors and assigns of both Lessor and Lessee . References in this Lease to Lessor or Lessee shall include , wherever applicable , their successors and assigns . 19 . 5 Inspection Lessor reserves the right for Lessor and any agents and representatives to enter upon the Leased Premises at any ,i reasonable time for the purpose of attending to Lessor' s interest under this Lease and to inspect the Leased Premises . 19 . 6 Relationship Of Parties The relationship of the parties to this Lease is landlord and tenant . It is agreed that Lessor does not in any way or for any purpose become a partner of or a joint venturer with Lessee in the conduct of Lessee ' s business or otherwise . Lessor and Lessee jointly agree and acknowledge that the transaction set forth in this Lease is a Lease and - not a purchase and sale and that Lessor and Lessee will throughout the term of this Lease report to the Internal Revenue Service the payments and receipt of amounts due pursuant to this Lease as they are characterized by this Lease . • 19 . 7 Time bf Essence Time is of the essence of this Lease. 19 . 8 Joinder In Instruments Lessor and Lessee shall, upon the written request of the other , promptly join in any instruments of conveyance , 32 dedication, grant of easement or license, or other instru- ment as shall be reasonably necessary or convenient to provide public utility service or public roadway access to the Leased Premises or any portion in order to allow develop- ment of the Leased Premises as desired by Lessee. Lessor shall not be required to incur any cost or expense by virtue of the provisions of this paragraph . 19 . 9 Lessor ' s Ri ht To Perform Obli ations Of Lessee In addition to any other specific rights or remedies of Lessor under this Lease , if Lessee fails to perform any obligation under this Lease , Lessor may do so following 10 days ' written notice to Lessee , and any expenditures by Lessor shall be reimbursed by Lessee on demand, in addition to rental payments , with interest at the rate of 10 percent per annum from the date of expenditure until paid . Such action by Lessor shall not be deemed a waiver of Lessee ' s default or of any other right or remedy which Lessor may have on account of Lessee ' s default . 19 . 10 Condition Of Leased Premises Lessee has inspected the Leased Premises and is aware of the condition and accepts the land pursuant to this -- Lease in its present condition . In no event shall Lessor be responsible to Lessee or any third party for the con- dition of the Leased Premises , either as it is now or here- . after exists . 33 19 . 11 Number And Gender Whenever the singular number is used in this Le and when required by the context it shall include the plus J and the masculine gender shall include the feminine and .d neuter genders , and the word person shall include any corporation , firm or association . If there is more than c ad lessee the obligations imposed upon Lessee under this Leas shall be joint and several . 19 . 12 Heading And Titles The headings and titles to the sections andP ara graphs of this Lease are included only for the convenience of the parties and shall not have the effect of defining , I( diminishing or enlarging the rights of the parties or r. affecting the construction or interpretation of any._. . ► -- part o this Lease . 19 . 13 Entire Agreement This Lease contains the entire agreement of the parties with respect to the matters covered , and no other previous agreement , statement or promise made by any party to this Lease which is' not contained in its terms shall be binding or valid . IN WITNESS WHEREOF, Lessor and Lessee have exe- cuted this Lease as of the date first above written . LESSOR X "/1/ „.• - . WILLIAM R. ROBINSON { 34 L .1 . f' , +..s OJ CArc , e , , / ---.1-.i'(G•/.-,4-;>.._.. CONSTANCE A. ROBINSON (// / 7 .4- • CHESTER [,. ROBINSON Ed EVELYN Z . ROBINSON J ' LESSEE MTR OMPANy .\ B y „� Jg .i STATE OF OREGON ) ) ss . County of 6zc�/ Iv7 ) On this ,� dayor)---r----,-----f, William R. 1978 , personally appeared on Lease to be his voluntarysactaandadeedwledged this Ground f C tel'" w .,----Th 01/:1,7 'vim. /Notary •ubl'ic for Orego / My Commission expires : ;)g) / S (i STATE OF OREGON ) ,1 ) ss . County of 1r-4, -, /,--7,./P-) a On this day ofd ppeared Constance A , 1978 , Personally Lease to be her voluntaryzact nand ddeeanowledged this Ground '7)::___ -- -J).-,-----9 — / 4,6 i_ Notary Public for rego-v - My Commission expires : 7/J J ,F / 35 STATE OF OREGON �r ) ss . County of lvw � j On this day of s^-Y�-[ 1978 , personally appeared Chester L . Robinson and acknowledged this Ground Lease to be his voluntary act and deed . .7/1:2 �j ,Notary Public for Oregon' "' My Commission expires : ,77Af.) (-' STATE OF OREGON ) ss . County of 1 ( ..' /I-(2/ On this J` day of ��r"`^ V 1978 , personally appeared Evelyn Z . Robinson--and acknowledged this Ground Lease to be her voluntary act and deed . (7-1--t/0 Notary Public for Oregon, My Commission expires : -) V/5 (t STATE OF OREGON l 2/ ) ss . County of �` On this r- day/ oft),- , 1978 , personally appeared ? i :I L ✓„J.,y ,”-,4f' who being duly sworn , did say that he is an /authorized representative of MTR Company , and acknowledged this Ground Lease to be the free and voluntary act of said MTR Company . /// /Notary Pub is for Oregon My commission expires : )/,/.. \ G, 36 w 13055 EXHIBIT A y .n DESCRIPTION Situate ir, the Northeast quarter of Section 34, and the Southeast quarter of Section 27, and the Northwest quarter of Section 35, -~ Township 1 South, Range 1 West, Willamette Meridian, Washington w County Oregon and being described as follows: Beginning at the intersection of the Westerly right-of-way line of the Southern Pacific Railroad and the North line of said Section 34 , and said point being North 89° 52' 50" West on said North line, a distance of 327. 71 feet from the Northeast corner of said Sec- ' tion 34, a stone found; thence North 89° 52' 50" West on said North line and Northerly right-of-way line of said Southern Pacific Railroad a distance of 26. 50 feet; thence leaving said Northerly lines and running South 19° 15' 29" East on said Westerly right-of- way line a distance of 2097.46 feet; thence leaving said Westerly right-of-way line and running North 89° 52' 50" West, on the East- erly extension of the North line of that tract conveyed in Book 1,4 510, Page 110, Deed Records, said County, a distance of 777.00 feet to the .Northwest corner of said tract; said point also being on the East line of the recorded plat of Black Bull; thence leaving said North line and running North 0° 22 ' 24" West on said East line a distance of 10.45 feet to the Northeast corner of said Black Bull; thence leaving said East line and running on the Northwesterly lines of said Black Bull the following courses: North 83° 38' 25" West, 43. 24 feet; thence North 0° 19' 12" West, 145.94 feet; thence North 45° 53' 43" West, 329. 12 feet; thence North 61° 44 ' 18" West, 28. 58 feet; thence North 10° 36' 11" West, 109.04 feet; thence North 4° 26' 48" West, 170.86 feet to the most Northerly northwest corner of said Black Bull; said point also being on the East line of the recorded plat of Englewood; thence leaving said Northerly line of Black Bull and running on the East and Northeast- erly lines of said Englewood the following courses: North 0° 06' 01" West, 390. 11 feet; thence North 60° 59' 02" West, 458 .05 feet; thence North 72° 43' 40" West, 246. 16 feet; thence North 84° 23' 47" West, 85.66 feet; thence North 470 03 ' 29" West, 161 . 39 feet; thence South '770 32' 32" f onthe Southerly ric7ht-- way-wa West, 173. 39 feet to a point y line of Southwest Scholls Ferry Road (County Road N348) ; thence leaving said Englewood and running on the South right-of-way line of Southwest Scholls Ferry Road the following courses: North 59° 34 ' 22" East, 932. 35 feet; thence North 72° 42' 44" East, 20. 30 feet; thence North 63° 11 ' 12" East, 301.68 feet; thence North 50° 19' 29" East, 207. 37 feet; thence North 34° 21' 36" East, 151. 21 feet to a point on the West right--of-way line of said Southern Pacific Railroad; thence leaving said South right-of-way line and running South 19° 15' 29" East, on said West right-of-way line, a distance of 400. 82 feet- to the point of beginning. . .44,. :, r EXHIBIT B - 1. Taxes for the fiscal year 1977_78, unpaid 4..., Amount: $2. 40, plus interest. Account No. : A 11927 0400. Map: 1S1 34AA 00400. Levy Code: 745. Affects Parcels III and IV. 2. The assessment roll and the tax roll disclose that theremises V herein described have been specially assessed as Farm Use Land. IIf he land becomes disqualified for the special assessment under the statute, an additional tax may be levied for the last ten (10) or lesser number of years in which the farm use assessment was in effect for the land and -in addition thereto a penalty may be levied if notice of disqualification is not timely given. 4 • 3. The premises herein described are within and subject to the tory powers including the power of assessment of statutory Agency of Washington County. (An inquiry has been sent concerning theee status .1.1of said account and a report will follow ifg status liens are found) . 4. Any adverse claim stating that the location f Fanno Creek, 1 is used to describe the Westerly Boundary of Parcel 1, has moved. which 5. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of Fanno Creek. iNd 6. An easement created by instrument, including the e terms and provisions -- Dated: July 15, 1971. Recorded: July 28, 1971. Book: 828, Page 426, Records of Washington County. In favor of: UNIFIED SEWERAGE AGENCY OF WASHINGTON and County Service District. COUNTY' a municipal corporation For: Sewer. Affects: A 30 foot wide strip, 15 feet on each side of a center line as �, described in said rostrum of the South r eat running Southwesterly from the East line po tion of Parcel I. 7• An easement created by instrument, including the terms and provisions thereof. Dated: July 15, 1971_ ti Recorded: July 28, 1971. Book: 828, Page 420, Records of Washington County. In favor of: UNIFIED SEWERAGE AGENCY OF WASHINGTONCountyService COUNTY, a municipal corporation For: District. Sewer. Affects; A 30 foot wide strip, 15 feet on each side of a center line as described in said instrument running Northwesterly from the South line to the East line across the Southerly portion of Parcel I . *� ..r 8. An easement created by instrument nstrument, including the terms and Dated: July provisions 15, 1971. Recorded: July 28, 1971. Book: 828, Page 429, Records of Was In favor of: UNIFIED SEW Kington County. SEWERAGE AGENCY OF WASHINGTpN COUNTY, a municipal car and county service district. For: Sewer, porat Affects: A 30 foot wide strip, described in said instrumentfeeton ch Side of a center line as 4Parcel II, running through the Easterly portion of 9. Right, title and interest of A Revealed by Memorandum of p AND W EQUIPMENT CO. , 1977Pt2on to Lease herein described Book: property. Recorded: October 20 1209, Page 840, Records of Washington County. rageioi i Stephanie MacPherson From: Lance Killian [lance©killianpacific.com] Sent: Tuesday, August 12, 2008 2:41 PM To: Stephanie MacPherson Cc: Mark Takahata; Michele Hadley Subject: FW: Attached Image Attachments: 1609_001.pdf Stephanie, good afternoon. Please find attached an amendment to the ground lease with Constance Robinson. The new rental amount was effective June 1, 2008 (retroactive to adjustment date), so if possible we should get a check out for the last three months (difference between old and new rent) to bring everything current. I know the Robinsons would prefer to get a check as soon as possible. Please let me know if you have any questions. Thank you. Lance Killian Killian Pacific LLC 500 East Broadway, Suite 110 Vancouver, Washington 98660 360.567.0626 360.567.0623 - Direct 360.567.0621 - Fax lance@killianpacific.com From: Killian Pacific LLC [mailto:angie@killianpacific.com] Sent: Tuesday, August 12, 2008 12:31 PM To: Lance Killian Subject: Attached Image 8/12/2008 cfl ../2C,08 !".024 13: 1: FAX 36056-'0621 ?.i.1Fc LC74ncia::/t,c4 AMENDMENT TO GROUND LEASE Er, THIS AMENDMENT TO GROUND LEASE is made thi; 200S as of Pane 1, 2.008. by and hetwe(.n CONSTANCE. A. ROBINSON ("Itaudiord") and NIMBUS CENTER ASSOCIATES,an Oregon Joint Venture.(, 'Tenarit'). WHEREAS, Landlord and Tenant's predecessor in interest eile-ed into tEatxctin Ground Lease dated May 19. l978(the"Ground Lease"),ad WHFREAS, Tenant the primal assignee 24 a 0,:.;-1:01 ot fne, real pl..7:1),;rry the GroJnii Lease with, the 1e2e1 descript;on of Tenan:'3 property dest:ribed an Exhibit 'A" attached hereto and by this reference inec;rporate;'. herein; ti WHEREAS, a dispute exis'.s between Landlord and Tenant with respeet to Section 2 of the C:.our.d Lease and the determination of the rent due f=enn Tenant tc, L1:76 for the period June 1,2008 through May 31, 2038: and WHEREAS,Landlord and Tenn:desinl to settle st:ch dispute; NOW,THERPFORE, it ian tueflv agreed as 1. IvIonth:y Rental paya...:.ie by Tenant to Laric: ord 1.:)r the peri ',_ 1. t.:-.rott2lt May 31, 2038 shall be the sl.im of S1,750 00 uerl•noty: . 2. The execution of ths Amendment to Grouild Lease is :;)r the purneso of se.n.mil, the disute as to the determination cf rent for the period 3:me 1,2.00S thruugh May::;1. 203S and shall not be constr,2ecl In any way as an adinission regin-d irlg the irterpretmicii f Section 2 tYi the&nand Lease:1;:-ti:e dezerminati-an of rent thereunde,.. 3 Except of ainen.-1ed he:eby, arne:Id: 3 -,rd assigned to Tenant, shall -.-ernaiie in ful1 a7d effect. IN WITNESS WHEREOF, the parties have executed :his Amendment to Ground Lease he day and year first atyeve written. NIMB'.:'S CENTER ASSOCIATES. an aeon at Venture Bv• CONSTANCE A. ROBINSON Ge.;igc :i, Kililan, Joint Ven'.urer 3,t1.•th-241673.2C0.19197.0:COL STATE OF OREGON COUNTY OF Washington On thisfrday of August,2008,before me,the undersigned,a Nota Public in and for the State of Oregon,duly commissioned and sworn,personally appeared ,y/itialr ,../. fif'7'? , to me known to be the individual,who executed the within and foregoing instrument,and acknowledged that he signed and sealed the said instrument as their free and voluntary act and deed for the purposes therein mentioned. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official Seal the day and year first above written. otary' �f/or the/ State of Oregon, residing at:!� ,;,.../r'r "4.7__�iA D-1., --` pf-�IGIAt.SFAs. My commission ers: vHENRY tsAN. NOTAc�Y:`tJr uc OREGON j�.� tt Cdic� nt 'f)N 0.383558 )t] ! lc,cc;iSS1t�I'.cyplRr3 AUGUST 9.2008 tip.."`.``v G sGS-r.. : !+r.. s STATE OF WASHINGTON ) ) ss. County of Clark ) I certify that George H. Killian appeared personally before me and that I know or have satisfactory evidence that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Joint Venturer of Nimbus Center Associates, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 12th day of August,2008 71/. Notary Public for the State of Washington 00111I t/1o. Residing in: Portland,OR a�ARY p ,,�� My appointment expires: June 1,2010 •.�{�'�. 47'Z' g to '�Sh'i1v °P • r � M • • • , • EXHIBIT "A" Order No.: 440492 LEGAL DESC12YP•TXON 'A leasehold interest in the following described property: A•tract of land situated in the Northeast one-quarter,Section 34,Township 1 South,Range 1 West, Willamette Meridian;in the City of Tigard,Couinty of Washington and State of Oregon,being a portion of IKOLL BUSINESS CENTER,TIGARD,more particularly described as follows: . . .Beginning at the Southeast corner of Lot 1 of said 1KOLL BUSINESS CENTER,TIGARD,•said point also being on the Southwesterly right of line of SW Nimbus Avenue;thence along said line and along a 230 foot radius curve to the right(chord.bears North 34°35'26"West,33.39 feet),a distance of 33.42 feet to a point of tangency;thence continuing along said line,North 30°25'38"West,224.11 feet;thence North 75°25105" West,67.87 feet to a point on the Southeasterly right of line of SW Scholls Ferry Road(County Road 348); . ' •thence along said Southeasterly right of way line,South 59°35'28"West,380.65 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 29°49'08"East,64.85 feet;thence continuing along the Westerly line of said Tract A,South 74°49'08"Eaat,232.25 feet;thence North 59°25'38"East,69.02 feet; • thence South 75°25'38"East, 132.20 feet;thence North 59°34'22"East,64.59 feet to a point on the Southerly right of way line of said SW Nimbus Avenue;thence along said Southerly right of way line,along a 230.0 foot radius curve to the right(chord bears North 52°48'28"West,111..72 feet),a distance of 112.85 feet to the point of beginning. • • • 90r4Tt00i2.rdw PortI nd 1-2416733,2 0019197-00003 RECEIVED SEP 0 3 2019 CITY OF•TIGARD PLANNING/ENGINEERING PARTIAL ASSIGNMENT OF INTEREST IN GROUND LEASE THIS PARTIAL ASSIGNMENT is made and entered into this 7 day of,iiiJ2crt,tc-i , 1985 , by and between KOLL/INTEREAL PORTLAND, a California General Partnership (herein "KOLL" ) , and GEORGE H. KILLIAN (herein "KILLIAN" ) . RECITALS A. The subject matter of this Partial Assignment is the real property described on Exhibit "A" attached hereto (herein the "Leased Premises" ) . B. The Leased Premises is a portion of a larger tract of real property described on Exhibit "B" attached hereto (herein the "Property" ) . Fee title to the Property is owned as follows: ( 1) William R. Robinson and Constance A. Robinson, as tenants by the entirety, as to that portion of the Property described in that certain deed recorded May 10, 1957, in Book 320 at Page 312, Washington County Deed Records, and (2) William R. Robinson and Constance A. Robinson, as tenants by the entirety, and Chester L. Robinson and Evelyn A. Robinson, as tenants by the entirety, all as tenants in common, as to the remainder (herein collectively "Owner" ) . By Ground Lease dated May 19, 1978 (herein the "Ground Lease" ) , Owner leased the Property to MRT Company, a joint venture composed of T. L. Brandt, Michael P. Duyn, and Ruth Jones. A memorandum of the Ground Lease was recorded June 9, 1978 at Recorder' s Fee No. 78-26058, a certified copy of which memorandum was also recorded October 9, 1980 at Recorder' s Fee Na . 80036234 . C. By Agreement dated September 30, 1980 (herein the "Agreement" ) , KOLL acquired the entire lessee' s interest in the Ground Lease. A memorandum of the Agreement was recorded October 31, 1981 at Recorder' s Fee No. 80039639 . D. As permitted by Section 12 .2 of the Ground Lease, KOLL desires to assign KOLL' s interest in the Ground Lease with respect to that portion of the Property referred to as the Leased Premises to KILLIAN, and KILLIAN desires to receive such an assignment, on certain terms and conditions. NOW, THEREFORE, the parties hereto agree as follows: 1. ASSIGNMENT Pursuant to Section 12 .2 of the Ground Lease, KOLL hereby assigns to KILLIAN that portion of the lessee' s interest under the Ground Lease which relates to the Leased Premises (herein the "Assignment" or the "Partial Assignment" ) . Except as provided otherwise in Section 3 . 5, the Assignment is without warranties of any kind. The Assignment is subject to, and KILLIAN hereby assumes, the obligations in, and shall comply with and abide by the following to the extent the interest hereby assigned applies: 1. 1 The Ground Lease; 1.2 The Conditions, Covenants and Restrictions relating to the Property, a copy of which are attached hereto as Exhibit "C" (herein the "Restrictions" ) ; and 1.3 All easements, restrictions, and encumbrances encumbering and/or relating to the Leased Premises. 2 . CONSIDERATION In consideration of this Assignment, KILLIAN shall pay to KOLL, in cash, the sum of FIVE HUNDRED SEVENTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY-FOUR AND 20/100 DOLLARS ( $574, 774.20) . 2 - 3 . DUTIES, COVENANTS AND WARRANTIES OF KILLIAN 3 . 1 Net Worth. KILLIAN warrants that it has a net worth, based on its most recent financial statements, of at least FIVE MILLION AND NO/100 DOLLARS ($5, 000, 000. 00) . 3 .2 Permitted Development. KILLIAN shall not use nor develop the Leased Premises, nor permit the Leased Premises to be used or developed, in any manner which is inconsistent with or contravenes the terms of the Restrictions or the terms of any other covenant or regulation which relates to the Leased Premises. To ensure performance of the foregoing, KOLL shall have the right to approve or disapprove, in advance, any proposed construction on or development of the Leased Premises, which approval will not be unreasonably withheld or delayed. 3 .3 Assumption. KILLIAN hereby agrees that, for purposes of the Ground Lease, the Leased Premises shall be deemed to contain Seven and 99/100 Percent (7.99%) of the Property and KILLIAN shall have the sole responsibility to pay such percentage of the rent due to be paid to the Owner pursuant to the Ground Lease. KILLIAN shall also be solely responsible for performance of all other obligations, financial and nonfinancial, contained in the Ground Lease as they relate to the Leased Premises. 3 . 4 Indemnity. KILLIAN agrees to indemnify and hold KOLL harmless from any claim, loss, damage, cost or expense (including attorneys' fees) with respect to the payment of such percentage of rent and the performance of such other obligations of KILLIAN. KILLIAN further agrees to indemnify and hold KOLL harmless for any claim, loss, damage, cost or expense (including attorneys fees) directly or indirectly arising from or in 3 connection with the Leased Premises from and after the date hereof. 3 . 5 No Warranties . KILLIAN hereby accepts the Leased Premises "AS IS" and without warranties of any kind, except that KOLL warrants and represents that it is the owner of the lessee' s interest in the Ground Lease and that it has the right to convey its interest in the Leased Premises, on the terms and conditions set forth herein. KOLL or its agents have made no representations and have extended no warranties with respect to the Leased Premises and KILLIAN is acquiring an interest in the Ground Lease pursuant to its own independent examination, study and inspection and in reliance upon its own financial estimates. 4. INDEMNITY BY KOLL. KOLL hereby agrees to indemnify and hold KILLIAN harmless for any claim, loss, damage, cost or expense (including attorney fees) arising from or in connection with a breach of the Ground Lease from and after the Date of Closing, except for any such breach that relates to the Leased Premises and is caused or contributed to by Killian. 5 . COSTS AND ATTORNEYS' FEES In the event either party shall commence litigation against the other with respect to this Assignment, the prevailing party shall be entitled to recover from the other party all expenses which it may reasonably incur in taking such action, including but not limited to its reasonable attorneys' fees, both at trial and on appeal, such attorneys ' fees to be set by the court before which the matter is heard. - 4 6. STATUTORY DISCLAIMER This instrument does not guarantee that any particular use may be made of the property described in this instrument. A buyer should check with the appropriate city or county planning department to verify approved uses. IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and year first above written. KILLIAN: '� H. c� AN ORGE KILLIAN KOLL: KOLL/INTEREAL PORTLAND, a California general partnership By: Koll Portland Associates, a California general partnership, a general partner of Koll/ Intereal Portland By: The Koll Company, a California Corporation, a general partner of Koll Portland Associates By: I _ _ I RODS '/ :GERHOLa* - f •► •RI<SIDENT / / ~ 4i1//W ItS SOA}NA l7 o G „ale. vi By: Intereal Company, d/b/a Jovencal, Inc, in Ca_ a Tennessee corporationa general partner of Koll/Intereal Portland By - 5 -- EXHIBIT "A" A tract of land situate in the Northeast one-quarter, Section 34 , Township 1 South, Range 1 West, Willamette Meridian , 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 Southeast corner of Lot 1 of said "IKOLL BUSINESS CENTER, TIGARD" , said point also being on the Southwesterly right of way line of S .W. Nimbus Avenue ; thence along said line and along a 230 foot radius curve to the right, (chord bears North 34° 35 ' 26" West, 33 . 39 feet) , a distance of 33 .42 feet to a point of tangency; thence continuing along said line, North 30°25 '38" West, 224 . 11 feet ; thence North 75°25 ' 05" West, 67. 87 feet to a point on the Southeasterly right of way line of S .W. Scholls Ferry Road (C.R. 348 ) ; thence along said Southeasterly right of way line, South 59° 35' 28" West, 380.65 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 29° 19 ' 08" East, 64 . 85 feet • thence continuing along the Westerly line of said Tract "A" , South 74849 ' 08" East, 232 .25 feet ; thence North 59°_ 25 ' 38"East, 69. 02 feet; thence South 75°25 '38" East, 132. 20 feet ; thence North 59°34 '22" East, 64 . 59 feet to a point on the Southerly right of way line of said S . W. Nimbus Avenue ; thence along said Southerly right of way line, along a 230 . 0 foot radius curve to the right, (chord bears North 52° 48 ' 28" West , 111. 72 feet ) a distance of 112 .85 feet to the point of beginning. Situate -iLi.£,-tai',INorthcast.guar;er;;.o€ ;SectlOn;, 4,4 d :;'he Southeast quarter of.tSectipn .3 7 taiid the;:Nbrths es <,.guatt r. sif Section. 35 - . i • Township pS�outfs� West' y xamc %e,;�ieX dia.rj, •Washington u• y. 9Q -iind'1'ethg `desc �,: ._ ri2�cdhy,a's :r. _ .:.. :1 - 'r.''fi"• :i,�:i: - ..,w�.`::- ;.Sr'..�Y�.KJ�."I•,�4 L'�1� 1� -1 ,, ..fi. ;A��y•: Beginhing at the intc �ection 'of "ttie Westeil} "right-of-way line of the Southern Fa.•i fie:Ra ilroA ' nd 'the" North lite of '-aid Section 34, and said point being. North 89'' 52' '50"' West on said Nort}i line. ' a distance of 327.71 .feet 'frosn. the Northeast corner,"u>< said Sec tion 34, a stone 'fands therice'North 89° 52`, 50" West on said id North line and Nortficr1y, right.'of-way line'of,.s:.id. Southern Pacific P.ai lroad a di!••tancc :of '•26.50'-feet; thence leaving said Northerly. _ lire:: and running 'South. 19° IS!- 29" East on'.said Westerly right-of- -way line a distancc'.of•,-2047.46''fee't; thence leaving said Westerly ri gl;t-of-w„y. li.ne and 'running'North 89° 52' 5O"•We;;t, -on the East- erly extension of the North line of that .tract•conveyed in Book 510, }'are 110, Deed I4.`cords, Said .County; a distance of 777.00 feet t. the Northwest .corncr.of said .tract; , said point -also being on the Last line of- the: recorded.,:n1at.;,of Black;•Bullli:thence leaving said =rtn line _and=runnisupNorth. 0'.•22'• -24" Weston=said East line a d:;tanec 'of '10.45. feet .to the'Nor.theast corner of'..said ,black Bull; thence leaving ..5a,idk:,ist, :line :and running on•'the Northwesterly lines of said Black Bull' the following .courses: .:o••tl: 83°, 36' 25"'tic" 1.;...43. 24 :feet:"-thence.North 0' 19' 12" West, 145.94 feat; .tine tirr North 45° "53' :43" West';=329. 12 fret; thence North 4.•i• 44' 18" w, ,t,,128.. 5cc.''fot't;' thence North .10•- 3u' 11" West, 109.04 ',set; thence North, 4_" ::i�': w8". Wes ;-'170.bG .feet to the most Northerly r--,rthwe..;t corner of.'sai ' cl'Black :Bull;' said 'point also being on the List line of the recorded platof';tnglewood;': therice 'leaving said Northerly line of Black :Bull-acid running on the East and Northeast- r;:.-.1y ortheast- c'1v lines of said Englewood the' following courses: • North 0° 06' 01" West, 390.11 ,feet; thence North 600 59' 02" West, 45-:.;,S feet; thence North 72. 43'" 40" West, 246.16 ..feet; thence ::or;:i 34' 23'. .47" 'fcett,•.t erce•,Nurth i'1'_03' • 29" West, 61. 39 "fect: •thence gest,: 173.39."feet to a point c:. un._ Southerly right-of-sway'-line'of•Southwest• Scholls Ferry Road (Cou.-.ty Road *348) ; • thence leaving said Englewood and running on the south right-of-way 'iine.'of .Southwest Scholls`Ferr•; Road the following .courses: North 59° 34' ..'2" East, 932.35 •feet; thence North 72° 42' 44" East, 20. 30 feet; thence North .63° 11' 12" East, 301.6x1 feet; thence Ngrth 53° 19' 29" East, 201. 37 feet:. thence North 34° 21' 36" East, 151.21 feet to a point on the West right-of-way line of said Southern Pacific Railroad; thence leav:ny said South right-of-way line and running South ,9' i5' 29" East, on said West right-of-way line, a distance of 408.82 feet• to the point of beginning. • EXHIBIT "B" RECEIVED SEP 0 3 2019 CITY OF TIGARD '.-....,1:7 PLANNING/ENGINEERING Armet Davis Newlove, AIA Architects 1330 Olympic Boulevard • Santa Monica, CA 90404-3726 ` q Phone: 310-452-5533 Fax: 310-450-4742 yea Transmittal Date: Thursday, August 29, 2019 To: Samuel Copeland, Assistant Planner City of Tigard Community Development 13125 SW Hall Boulevard Tigard, OR 97223 (503) 718-2421 Cc: Mike Hart Charlie Patton Rodney Bickle ADNA File From: John Dodson, AIA (Dodson@adnarch.com) Sent Via: FedEx Regarding: Burger King #5282 10105 SW Nimbus Avenue Tigard, OR 97223 We are submitting the following for your review of the "Minor Modification" Item Quantity Signed Application 1 Project Narrative 1 Title Report & Lease Agreement 1 Full Size Sets with Site Plan, Floor Plan, Elevations, 3 Elevations with Window Analysis Comments: If you have any questions please call me. RECEIVE Ery . SEP 032019 ft CITY OF TIGARD ' PLANNING/ENGINEERING John Dodson, Partner ADN Architects Armet Davis Newlove&Associates August 30, 2019 Samuel Copeland City of Tigard Community Development 13125 SW Hall Boulevard Tigard, OR 97223 Re: Burger King 10105 SW Nimbus Avenue Tigard, OR 97223 In this project we are proposing as extensive exterior facade remodel of an existing Burger King, that is over 30 years old. The project is located in MUE-2 Zone and is located within the Washington Square Regional Center. In this project we will be removing existing greenhouse, installing new storefront at existing column line. Mansards are to be removed and squared off and finished with exterior plaster and canopies. Tower elements finished with Nichiha siding and canopies are to be added to enhance the entries, as per 18.320.050 A 1-3 of design standards. Per 18.320.050 B of design standards, the elevation facing Scholls Ferry Road will have 90% window area but 30% of the façade facing Nimbus will be windows. Note the kitchen is at this wall and this makes achieving the 50%window requirement difficult. In addition, signs will be updated, and light fixtures will be replaced. An accessible pedestrian path of travel will be provided from the main entrance. In addition, the interior dining room will also be updated. The intent of the project is to update the image of the building, so it looks like a new building. Sincerely ohn Dodson, AIA C27716 1330 Olympic Blvd, Santa Monica, CA 90404 Phone: 310-452-5533 x204 Fax: 310-450-4742 Email: Dodson@ADNarchitects.com www.ADNarchitects.com Floor area ratio (FAR) calculation for 10105 SW Nimbus Avenue With the proposed modification,the gross floor area of all buildings or structures on site is 30,252 square feet. The total size of the site is 105,415 square feet. The site is located in the MUE-2 Zone, which has a minimum FAR of 0.3. In order for the site to meet this minimum FAR, it must have a net development area less than 100,840 square feet. The site is partially located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area, which can be subtracted from the net development area (CDC 18.40.020). City maps show that more than 4,575 square feet (105,415 square feet - 100,840 square feet) is located in the FEMA Special Flood Hazard Area, so the site has a net development area less than 100,840 square feet, and this proposal meets the minimum FAR of 0.3. 1,1 " City of Tigard 0 TIGARD Memorandum To: MMD2019-00022 Land Use File From: Lina Smith, Assistant Planner Re: Burger King—Modified Site Plan Date: December 12, 2019 City staff issued the approval for Case No. MMD2019-00022 for Burger King at 10105 SW Nimbus Avenue on September 9, 2019. On December 11, 2019, the applicant submitted a revised site plan to city staff. The modifications included minor changes to the site, in order to comply with the Americans with Disabilities Act. Staff reviewed the revised site plan to determine there will be no net change to on-site parking, and that the changes will result in an overall increase to on-site landscaping. Accordingly, staff finds these changes qualify as an allowed modification under CDC 18.765.050. M M D2019-00022