HOP2020-00053 CITY OF TIGARD HOME OCCUPATION PERMIT
• COMMUNITY DEVELOPMENT Permit#: HOP2020-00053
13125 SW Hall Blvd., Tigard OR 97223 503.718.2421 Date Issued: 10/15/2020
TIGARD Parcel: 2S110AD04203
Jurisdiction: Tigard
Applicant Name: DJC Productions, LLC
Business Address: 14615 SW 106TH AVE
Nature of Business: Type I Home Occupation Permit for freelance editing/writing business. Customers/clients or
employees prohibited from visiting the home.
Business Name: DJC Productions, LLC Generate Extrn Noise: No
Sq Ft-Detached: 0 Days/Hours of Operation: Mon-Sun, 12-9 p.m.
Sq Ft-Residence: 1290 Bus.Vehicles Garaged @ Res: N/A
Sq Ft-Business: 132 Outside Storage: N/A
SIC Code: 8990 Exterior Sign?: No
Paid Non Res Empl: No
CustlClient @ Res: No
Pick/Deliv @ Res: No
Acknowledgement:
I understand this Home Occupation Permit is approved for the above described business at the specified location only,
and does not require renewal. Further, I understand that the City of Tigard Business Tax must be renewed annually in
order to maintain permit authorization.
I acknowledge that this Home Occupation Permit approval may be revoked if the conditions and standards of approval
have not been complied with and/or this home occupation is otherwise being conducted in a manner contrary to the
Tigard Community Development Code (18.742). Permit revocation due to a violation of requirement(s) of this Home
Occupation Permit cannot be renewed for a minimum period of one year. (18.742.070).
See application
Approved By Permittee Signature
ritP City of Tigard 1 COMMUNITY DEVELOPMENT DEPARTMENT
Home Occupation — Type I Application
TIGARD Ocupacion de Hogar— Solicitud Tipo I
BUSINESS INFORMATION(INFORMACION DEL NEGOCIO):
Address (Di ccoa): �� D� g 7��� REQUIRED SUBMITTAL
(�6l � [)J •rw Ate, �� ELEMENTS
Tax lot number(Ntimera de lote): UISTTOS PARA APLICAR
Business name Nombre del negocio): -V.3-.0 (22p 1.1"Q 'I e'30", Li..-0----
Owner's Signature/Written
Business phone(Tel del negocio): 5 If • 222-• Authorization*
��� Firma hidue,io/Autorizacion por escrito
#of non-resident employees(#de empleados no-babitantes)
. ❑ Business License Fee Paid
agar cuota de liceruia di negocio
Detailed description of business:(Attach additional sheets if necessary)
(Description tallada del negocio.Atiadir ma bojas si es necesario) Home Occupation Fee Paid
Free(e Cei ati-%"4.3/W r t•E y tit q Pagarcuota de Ocupacidn de Hagar
*If owner and applicant are different
people:(1)the applicant must be the
purchaser of record or a lessee in
Please leave blank(Porfaverdgoreste erpa*en Wawa) possession of written authorization from
Translation of detailed business description: the owner or an agent of the owner,OR
(2)the owner(s)must sign this application.
*Si el duefio y el solicitante son personas
diferentes:(1)el solicitante debe ser el
APPLICANT*(SOLICIT. IVTE*) comprador de registro o el inquilino con
Name(Nombre): OAF a GI. LT Oar—if- autorizacion por escrito del duetio o de un
/ agente del propietario,0(2)el dueilo o
Address*(Direction): lit P(5 5 w (D( agente debe firmar esta solicitud.
:i
/p a r7
rd, k 41�f
Phone el (I: / ZL-i-• S5_ c FOR STAFF USE ONI.I
� PARA USO DEL PERSON:II
Email: 41OA/i di Otis rsrtr�i/�-•) "KS el .G OM
Case No(s):/ / ✓7-2- 0—C t-Tic
PROPERTY OWNER/DEED HOLDER(S)* Related Case No(s):
DUENO DE L9 PROPIEDAD 0 PROPIETARIO DE ESCRITURAS* 7
0 Same as Applicant(Igual al Solicitante) Application Fee:
Owner 1(Due»0 1) Application Accepted:
Name(Nombre): By: /"---" Date: 4 /
Address(Dintrion): Date Determined �� /1/
Complete/ r
Phone(Tel): By: k'--d^ Date: -2-r_J
Email: Translation of/ r"Business Descripti
Owner 2 0 (Daerio 2 o Aeente): By: Date:
Name(�� .omDoty�1" ): ��� � l I:ACununiutity DeveMrp�na ml Land Use AppGevfionsA
Address(Direction): ( '2/7C� -�110 50 �;(tiGC CuwcwJ Co 02_Fomsa and Tunpb¢s\Land Use Appk/d ns
2018
Phone(Tel): (Sa3) '3Yv- I75% 1 rr y1 -y
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigardor.gov • 503-718-2421 • Page 1 o1.3
BUSINESS DATA— Applicant please answer all items in this section
DATOS DEL NEGOCJO —.Solieitante per favor rontette todor los regmentos de Wel reetidn
Business type code(business license) Space dedicated to business: Residence Area—(square feet):
Codigo de negori (de liteenciia de mgodo) Erpaeio dedicado al mgodo: Area de Resident-la—(pies cuadrados):
g ` 0 1 3 2- (sq.ft./pies aradradee) 1 '2 10 (sq.ft/pies esadrados)
Detached building? ❑Yes(Si) ( ,10 #of business vehicles garaged at Will customers/clients visit residence?
(Edificio separado?) residence: lei 2Clientes v sitaran la residencia?
Ifyes,provide s ft #Jr rehfculos para aro del ne,gado que Sc
9• estationaran en la residencia? ❑ Yes(Si) A No
(Si es si,F11411101 pies cuadradas
Deliveries/pick-ups-maximum 3/week? Days/hours of operation: Outside storage? Exterior sign?
Envies/entrega de paqueteria—mma ilinro 3/lemon? Dail boras de operation: Almacenamiento exterior? �Letmn en el exterior?
El Yes(Si) l� No /AIR -S )t i Z'P ❑Yes(Si) fgrNo ❑ Yes(Ste) (OVo
INFORMATION ABOUT APPROVAL STANDARDS
(Adapted from Development Code Chapter 18.760
Please check-off ✓each statement to confirm you have read and understand the following:
Who ca obtain and operate a business with a Home Occupation Permit?
Only the principle occupant(s)of a dwelling can obtain and run a business out the home.If owner is not the occupant,the occupant must obtain
' /approval from the owner or an agent of the owner to apply for a HOP.
Can employees on the premises?
No.Non-resident employees or volunteers of the occupation business may NOT do work on the property.
Can l sq/clients at my home?
No.Type I Home Occupations do not allow any clients or customers to visit the home.A Type II Home Occupation is necessary to allow this
type of use.
Can I red ive deliveries at my home?
LrJ Yes,a maximum of three business related deliveries are allowed per week.
How cap use the property for the business?
/Arty space dedicated for the business cannot be more than 528sq ft.,nor can it exceed 25%of the total residential arca.
( All activities of the business must remain entirely within the dwelling.
No exterior storage of materials is allowed.
N If an accessory detached stmceure is used for the business,it must meet stare building code requirements and cannot change the classification of
the dwelling unit in accordance with the state building code.
What aby at parking and business vehicles? i
1Ilq,, One commercially licensed business vehicle is allowed to be stored on the property.The vehicle cannot weigh more than.75 tons.
U The business cannot require any on or off-street parking that would exceed what is already required for the dwelling.
How my y HOP's can be operated from one home?
MI More than one business can be operated within a dwelling,but each business occupation must obtain a separate HOP permit In addition,the
total combined area used for,ga Home Occupations cannot exceed 528sq.ft.or occupy more than 25%of the residential area.
NO (The following activities are prohibited with any home occupation:
Storage and/or distribution of toxic or flammable materials,and spray painting or spray finishing operations that involve toxic or flammable
materials that in the judgment of the fire marshal pose a dangerous risk to the residence,its occupants,and/or surrounding properties.
(Individuals engaged in home occupations shall make available to the fire marshal for review the material safety data sheets that pertain to all
toxic and/or flammable materials associated with the use.)
Auto-body repair and painting
Ongoing mechanical repair conducted outside of an entirely-enclosed building
Junk and salvage operations.Ipotentially
Storage and/or sale of fireworks.
Offensive noise,vibration,smoke,dust,odors,heat or glare noticeable at or beyond the property line resulting from the operation.
(� Exterior signs that identify the property as a business location.
City off • 13125 S\X Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2of3
INFORMACION SOBRE LAS CONDICIONES DEAPROBACION
(Adaptado de/a section 18.760 del aidigo de desarrollo)
Pot favor marque/cada frame pars'reafirmar que'eye y entendio to aiguleaee:
cQuifn puede obtener y opener un negocio con un penniso de ocupacion de hogan'
❑ Sulameme los babitantes principaks de tens vivienda pueden edquitiry°parer nn negocio derde el mitmo hogar.Sl el dada no es el babitante,el babitente debt obtener el
mnrentimienta del dunk o egente del duet°pare soliatar us'permisa de ottepacion.
euedo tenet empleados en la propiedad?
O No.Los empleedos no-bvbitanur a cmlrmtarios del negodo NO paeden trabajar derde el bogar
ettedo atender clientes en mi hogar?
❑ No.Las ompadnnes T/po-I nopermiten gm los clientes mriten el bogar.Se requiere upper ntro de Oeapacion de Hager Trpo II pare ere uso.
ettedo srcorbir cortespondencia de paqueteria en mi hogar?
❑ Si,sepermiten an mtiximo de 6u en/regas de come per si-niece pare el negodo.
<Comopuedo utilizer la propiedad pare ml empress?
O Crealmeier Oar*dedrrado el ado del neget*,no puede otupar mdr de 528 pies cuadmdes,ni puede exceder 25%del dreg total de la reridemcie.
❑ Todas las adiredades de la empress deben perma eeer eempletamente denim de Sr vitrenda.
❑ No se per-mite el elmacenamiento de materiaks afuera del bogar.
❑ Si use an clefrcio accesorio independiente pare su regal°,este debt camplir con el codrgo estate/de construcdedn y no puede seam an cambio a la riasftaaon de la
vivienda de merle con el codcgo estatal de ronstrntnon.
dYqut hay del esracionamiento y r ehlculos pars el use del negocio?
❑ Solo an vebicalo cnmeniatmente eenoditedopaede ser estacionado en la propiedad El cubic-ale no puede perar mere de.75 tane/adar.
❑ El negecio no debt requerir estadnnamiento denies o fuera de la propiedad en canttdades men a/ld de la quays regular pars una tesideneia.
dCuantos permisos de Ocupacion de Hagar(HOP)sepueden tenet en um viviendal
❑ .Se puede opera'mar de cm negodo dentro de iota trtrenda,porn cede negodo nearha obtener su pmpio permiso de oeupadon(HOP).Ademds,el dreg total qae se mace
pars todos los rosaries no puede set rods de 528 pies caadrados o mdr del 25%del drea residemied
NOTA: Se ptohtben has actividades siguientes en ura ocupacion de hogar
O ALmacenamiento y/o Arenbadbn de materialu toxtmr o itrflamabkr,ci operacianes de pintura en aerosol o de atabedo porpulveritaeidn qae imp/iquen materiales toxicar
o inflamables Fee,ajuida del mar seal de fuego,tonstineyan un riesgo pe4gmso pars la resideada,sus ocnpan:esy/o propiedades arcane'.(Los lcdlviduar responsables per
la oe paridn de hogarpnndran a di posiddn del marinade fuega b jar eon lox dam de segundad de todos lac materiakrpotenciakmente totrcosy/o tailor/rabies esededes
con el negoeio.)
❑ Reparacidny pinrura de aatomoviles;
❑ Reparation n ecdniee fiecmntemente tea&ada afuera de an ee%eio mmpletamente coracle,
❑ Operadones de ebatarnsy reeobro de marerider.
❑ Almacenamientoy/o yenta de futgos mtfeiales
❑ brides ofensivos,vibrations,barn°,polvo,a/ons,calor a deslambremiento gee se noten dude o nods a/!d de la lines de propiedad resakante del negocie.
❑ Anumios/kheeos oxteriares gee identifiquen la propiedad mmo an/xgar de negonos.
SIGNATURE(S)—FIRMA(S)
I(applicant)hereby certify that I have read and understand the above conditions and standards for the operation of a home occupation.I
acknowledge that this home occupation approval may be revoked if the above conditions and standards have not been complied with
and/or the home occupation is otherwise being conducted in a manner contrary to the Tigard Community Development Code(18,760.
Revocation due to a violation of the home occupation requirement(s)cannot be renewed for a minimum period of one year(18.760.060).
Yo(el solicitante)certifico pot la presente que he leido y entiendo las condidones y estindares anteriores pats el fimcionamiento de una ocupad6n de
hogar.Reconozco que esta apmbacidn de ocupacion de bogar puede set revocada si las condidones y las norttras antedichas no se han cumphdo y/o la
ocupacion de hogar se esti Ilevando a cabo de una manors contraria al codigo de desarrollo de la comunidad de Tigard(18.760).La anulacion debido a
una via '' de los requisitos a ,vpaciin de hogar no se puede renovar pot un period°minim°de un ano(18.760.060).
_TIow St G.a-r�
Applicant's Signature(Fi a de!Sak?itann) nt name(Nombre) to
Owner 1 Si a re(Firma del Duero 1) Pant name(Nombre) Date(Feria)
/
Owne or ent ignature( lane del Dac,o2 o Agon/e) Print name(Nombre) Date(Facile)
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.guv • 503-718-2421 • Page3 of3
dory property manager=
12540 SW Prince Edward Ct., Tigard, OR 97224 /503-380-1958 /www.dotypropertymanagement.com
Manager: Lynn Doty, Property Manager Broker
Property Management Agreement
Owner: Mr K O T u Kt" - Owner Code: ' e '_c'
This agreement is entered into this 6124 day of 7-1-1.466 1 ,44 i, by and between Doty
Property Management Co. ("Manager")and ;el Ltt -k-, , ("Owner").
In consideration of the covenants contained herein and other valuable consideration, the parties agree
that Manager is hereby employed as the exclusive agent of Owner for the rental, lease, operation and
management of real property located at:
Address City State Zip
1. Term.
1.1 The term of this Agreement shall commence on C —' ;2- t`'I and shall expire on
,2.e.&("Initial Term"). The term shall automatically renew for additional periods of one
year as of the expiration date of each prior term ("Renewal Term"), unless either party gives the other
written notice of termination at least thirty (30)days prior to expiration of the Initial Term or any Renewal
Term. Performance of this Agreement during any Renewal Term will be under the terms and conditions
set forth below, unless the parties agree otherwise in writing. Upon expiration or other termination of this
Agreement, Owner shall remain bound by the obligations of all contracts for services, supplies and
alterations Manager has entered into in connection with performance of this Agreement.
1.2 Except for terminations in accordance with Section 3.8 hereof, this Agreement may be terminated by
either party on the last day of any calendar month so long as the party terminating the Agreement provides
at least thirty(30) days prior written notice to the remaining party.
1.3 Bankruptcy and Insolvency. In the event a petition in bankruptcy is filed by or against either Owner
or Manager, or in the event that either shall make an assignment for the benefit of creditors or take
advantage of any insolvency act, either party hereto may immediately terminate this Agreement by written
notice. Remedies set forth herein above shall be in addition to and shall not exclude any other remedy
available under applicable law to the Parties hereto.
2. Duties and Responsibilities of Manager: Owner hereby appoints Manager as its exclusive
agent to perform the following duties:
2.1 To advertise the availability for rent of the Property or any part thereof, in media which, in the
Manager's sole discretion, is suitable for the property and market conditions.
2.2 To display signs `FOR RENT' or`FOR LEASE' by Doty Property Management Co. as
appropriate.—PROPERTY MANAGEMENT AGREEMENT Owner initials//1
doty property manage meet
2.3 To receive applications and non-refundable fees as expenses require or market conditions
determine. Manager shall receive directly and retain as Manager's property such non-refundable
application screening fees, late fees and other such charges.
2.4 To screen applicants in accordance with Manager's screening criteria.
2.5 To negotiate and execute month to month rental or lease agreements and to negotiate and
execute necessary addenda, renewals and cancellations.
2.6 To collect rent, security deposits, screening fees, and late fees where applicable and other
charges, and to issue receipts as necessary.
2.7 To deposit all receipts collected for Owner in a client trust account with a banking institution
insured by the FDIC.
2.8 To deposit and retain all conditionally refundable security deposits,in a tenant trust account
with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the
tenancy according to applicable laws and the terms of the Rental Agreement or at the termination of
this Management Agreement.
2.9 To terminate tenancies and to sign and serve for the Owner such notices as Manager deems
appropriate.
2.10 To commence legal actions or collections in the name of the Owner to evict tenants and
recover possession of the premises,to recover rents and such sums due, and to settle, compromise
and release such actions. All expenses of litigation, including costs and attorney's fees shall be paid
by the Owner. (Manager may select a qualified outside provider of its choice to handle such
litigation.)
2.11 To reinstate tenancies when appropriate.
2.12 Manager shall have the sole and exclusive authority to determine what expenses shall be paid
and disbursements made in the event insufficient funds are available to pay all amounts currently
due. In no event shall Manager be required to use its funds to pay any of the obligations of the
Owner.
2.13 Manager shall deliver to Owner all receipts less disbursements,including agreed upon
compensation and required reports, except as otherwise provided herein,upon request.
2.14 To make inspections of the Property consistent with applicable laws as deemed necessary and
appropriate in the sole discretion of Manager.
2.15 To purchase and pay for necessary and reasonable repairs, maintenance and supplies in
amounts not to exceed $250.00 without advance consent by Owner. Expenditures exceeding$250.00
shall be made only after Owner's consent unless required by an emergency situation.
2.16 To execute contracts, in Owner's name, for utilities and services for the operation,
maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole
discretion. Utility bills shall be placed in the Owner's name CIO Doty Property Management Co.
with a billing address of: 12540 SW Prince Edward Ct., Tigard, OR 97224. /�
2—PROPERTY MANAGEMENT AGREEMENT Owner Initials/ 4 r�
doty property management
2.17 To provide notice to tenants of termination of this Agreement within thirty(30)days of
termination.
2.18 To provide to Owner, within sixty(60)days after termination of this Agreement, all
unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed
upon documents which may be reproduced by Manager in accordance with its schedule of fees and
charges.
2.19 To comply with all requirements of the law applicable to landlords or to advise Owner so that
he/she may act as necessary to comply therewith.
2.20 To maintain the Property in good repair in accordance with local codes and any other
applicable laws of this state of its subdivisions. This includes, but is not limited to, cleaning, painting,
decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be
necessary, subject to limitations imposed by Owner in writing and in advance. Expenses associated
with maintenance and repair shall be paid out of Owner's operating client trust account.Manager's
performance of this provision is conditioned upon Owner providing adequate funding to pay
expenses incurred.
2.21 To manage the Propertyin accordance with standards
s of reasonable care and diligence and to
furnish the service of its organization for the management and operation of the Property.
2.22 Other Payments. lf, and only if, checked and initialed in the box below, Manager shall pay
or reserve for the Owner's account:
❑ _principal, interest and reserves on debt instruments as directed by Owner
❑ real property taxes
❑ other governmental assessments and licenses
❑ _ premiums on insurance
❑ reserves for such items as deemed necessary by owner
as the same shall relate to the Property.
2.23 if this agreement pertains to more than one property or if the Owner and the Manager have
entered into one or more other agreements under which Manager is managing property for Owner,
Manager is authorized to transfer funds from the ledger of one such property to the ledger of another
such property for the purpose of prompt payment of any indebtedness authorized by this and/or any
other similar management agreements.
Please mark one:
❑ Yes, to Funds Transfers It,No, to Funds Transfers X {----<<L-�-
3—PROPERTY MANAGEMENT AGREEMENT Owner]nitia16 1
coty property managerAnmt,
2.24 Upon termination of this agreement by either party, and unless directed otherwise in
writing by Owner;Manager shall, in a timely manner, deliver all refundable security deposits
to Owner.
2.25 To disburse funds in the Owner's client trust account to Owner, on or about the 20th day
of each month to extent those funds exceed the sum of Advances required per Paragraph 4.1,
below, of this agreement, any other amounts held back per written instruction from Owner and
prepaid rent to extent it exceeds the management fee applicable to that months' rent. In any
case,funds will not be disbursed until the availability of those funds has been verified by the
financial institution on which a check is drawn or fourteen (14) days after the check is
deposited,whichever comes first.
3. Obligations of Owner. Owner accepts and agrees to perform, the followingduties:
3.1 Remit any excess of disbursements and charges over receipts to Manager within ten (10)days of oral
or written notice advising Owner of the amount of the deficiency.
3.2 Take notice of the condition of the Property and, subject to the availability of funds, establish goals
to upgrade and maintain the Property.
3.3 Assume the obligation of any contract entered into legally and for the benefit of the Owner pursuant
to this agreement at the termination of this agreement. For example,if Manager has entered into an
agreement for repairs of the property, Owner shall be responsible for the payment of the agreement even
if this agreement has been terminated by eitherparty.
3.4 To pay all expenses incurred by the Manager, including without limitation, attorneys' fees for
counsel employed to represent the Manager, the Owner or both of them in any proceeding,controversy
or suit involving the property, the ownership or operation thereof. Nothing contained herein shall
require the Manager to employ counsel to represent the Owner in any such proceeding or suit. The
Owner's obligations under this paragraph shall include payment of all settlements,judgments, demands,
liquidated damages, penalties forfeitures, back pay awards, court costs, litigation expenses and
attorneys' fees.
3.5 To indemnify, defend and save Manager harmless from all suits in conjunction with the property and
from liability for damage to property and injuries to or death of a tenant or other person. Owner further
agrees that Manager shall not be liable to Owner for any damages caused by tenant or others to either
interior or exterior of the property.
3.6 Earthquake; Terrorism;Acts of God. Owner is and shall remain solely responsible for any and all
liability,loss, damage, claim, costs and expenses associated with or arising out of earthquake hazards,
earthquakes,terrorist acts, acts of God, fire, flood and other casualties on or about the Property.
3.7 Owner agrees that Manager does not assume and is given no responsibility for compliance of the
property or any equipment therein with the requirements of any statue, ordinance, law, or regulation of
any governmental body or of any public authority or official thereof having jurisdiction, except to notify
Owner promptly or forward to Owner promptly any complaints, warnings, notices or summonses
received by Manager relating to such matters. Owner represents that to the best of his/her knowledge the
property and equipment comply with all such requirements and authorizes Manager to disclose the
ownership of the property to any such official and agrees to indemnify and save harmless the Manager,
its representatives, servants and employees, of and from all loss, cost, expense and liability whatsoever
4—PROPERTY MANAGEMENT AGREEMENT Owner Initials/ 14,
daty property management
which may be imposed on them by reason of any present or future violation or alleged violation of such
laws, ordinances, statues, orregulations.
3.8 In the event it is alleged that the property or equipment therein or any act or failure to act by the
Owner with respect to the property, rental or other disposition thereof fails to comply with, or is in
violation of, any of the requirements of any constitutional provision, statute, ordinance, law or regulation
of any governmental body of any order or ruling of any public authority or official thereof having or
claiming to have jurisdiction there over, or any court,and the Manager shall have the right to cancel this
agreement at any time by serving written notice to the Owner of its election to do so, which cancellation
shall be effective upon the service of such notice. Such notices may be served personally of by registered
mail, on or to the Owner named in this agreement, and if served by mail shall be deemed to have been
served with deposited in mails. Such cancellation shall not release the indemnities of the parties set forth
herein and shall not terminate any liability or obligation of the Owner to the Manager for any payment,
reimbursement or other sum of money then due and payable to the Manager hereunder.
3.9 Manager shall have no liability for failure to make timely payment on any loan,taxes, insurance or
assessments requested by the Owner, if funds are not available in Owners' client trust account.
4. Repairs and Maintenance.
4.1 Owner agrees to maintain a balance at all times of at least$250.00 in client's trust account for the
purposes of paying all expenses related to maintenance of the property.
4.2 Manager shall make or cause to be made ordinary and reasonable repairs, without the prior
written approval of the Owner, in an amount not to exceed $250.00, except emergency repairs
exceeding that amount, if, in the sole discretion of Manager, such expenditures are necessary to
protect and preserve the property from damage or to maintain services to the tenant as required by law
or this agreement.
4.3 Owner authorizes the Manager to do the following at the Owners expense:
4.3.1 To rekey door locks between tenants. Locks will be rekeyed to one key for all locks
when possible.
4.3.2 To have property with wood burning fireplaces or wood stoves to be inspected and
cleaned by a Professional between tenants for the safety and protection of the homeowner,
tenant and all other parties involved.
4.3.3 To have the furnace inspected and cleaned as necessary by a licensed professional.
4.4 Manager represents and warrants that:
4.4.1 Manager,from time to time, employs personnel as maintenance workers, clerical and
accounting staff. In such event, such personnel shall be deemed, for all purposes,the
employees or independent contractors of the Manager. All employee compensation, taxes and
other benefits including payroll and bookkeeping costs shall be the responsibility of the
Manager.
5—PROPERTY MANAGEMENT AGREEMENT Owner Initials/4`' Q
doty property management
4.4.2 Manager may require the use of employees, contractors or other affiliated companies for
property management services that are not specifically covered under this Agreement.
Manager may outsource maintenance work as Manager deems appropriate, and,in Manager's
sole discretion. Services may include but are not limited to maintenance,landscaping,
cleaning, hauling, trash removal and painting.
4.4.3 Manager has an ownership interest in Doty Development Co. and may receive fees
and/or profits there from. In the event Manager elects to utilize the services of Doty
Development Co. to perform maintenance on Owner's property, Manager will disclose the use
of Doty Development Co. and the costs associated therewith to Owner.
4.4.4 Manager and Owner both agree that it cannot be expected that the property will be
returned at the end of the rental term in exactly the same condition as when it was initially
placed on the rental market. There will undoubtedly be wear and tear caused by normal use of
the property by tenants. Owner can only expect to be reimbursed by tenants for damage
which is above and beyond normal wear and tear.
4.4.5 Owner acknowledges that Manager shall not be responsible to Owner for any act,
omission, negligence, or contract default of any such third parties performing maintenance on
Owner's property pursuant to a contract with Manager.
5. Owner's Disclosures.
5.1 Owner represents and warrants that:
5.1.1 Owner is a legal owner of the Property or legal entity which owns the property
and has full authority to enter into this Agreement and to employ the Manager under the
terms of this Agreement.
5.1.2 There are no written or oral agreements affecting the management of the Property other
than tenant leases, copies of which have been provided to Manager.
5.1.3 To the best of the Owner's knowledge the building, its construction and operation do not
violate any applicable statues,laws, ordinances, rules,regulations, orders,or the like including,
but not limited to, those relating to hazardous or toxic substances or smoke alarms.
5.1.4 To the best of the Owner's knowledge the building does not contain any toxic
substances such as,but not limited to: Lead based paint, asbestos, urea, formaldehyde,radon,
or other hazardous substances and that no unsafe condition exists except as disclosed in
writing at the time of this agreement.
5.1.5 The Owner has disclosed the existence of any default of foreclosure notices affecting the
property as the date of this agreement and further agrees to disclose any such notices received
hereafter, within five (5)days of the receipt of any such notices.
6. Accounts,Records and Monthly Statements. Manager shall keep complete and detailed accounts
and records of its property management activities related to the property in accordance with Oregon
Laws and Property Management Rules. Such records shall include, without limitation, a separate
Owner's Ledger with reference to Manager's receipts and disbursements with respect to the �
6—PROPERTY MANAGEMENT AGREEMENT Owner Initials' /�"
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company
property. If funds from more than one (1)property are deposited into client's trust account, each
entry for a receipt or disbursements shall be identified with a code assigned by the manager to the
corresponding Property Management Agreement with the Owner. Manager shall reconcile all client
trust accounts at least once per month. Owner shall have reasonable access to such accounts and
records during Manager's regular business hours upon reasonable notice to Manager. Manager shall
retain and store all records required by this Agreement for a period of six (6)years from and after
termination or expiration of this Agreement. Such storage shall comply with applicable Property
Management Rules. On or around the 151h day of each month during the term, Manager shall deliver
a financial report to Owner. Upon expiration or earlier termination of this Agreement, Manager
shall turn over the records and accounts if, and as, required by Oregon Laws and Property
Management Rules.
7. Compensation.The Manager shall be compensated for its services according to the following schedule:
7.1 To pay a one-time property set up fee of $50.00.
7.2 To pay a tenant placement fee of 50% of one month's full rent or a minimum of$500.00 or
maximum of$1,000.00
7.3 To pay a renewed property lease fee of$100.00 or $500.00 for placement of new tenant.
7.4 To pay,in the month in which rents are collected, a management fee in the amount of 8%of the
monthly gross receipts or a minimum of $100.00 or maximum of $200.00 from the operations of the
Property during the period this Agreement remains in full force and effect.
7.5 Manager shall retain, in addition to all other compensation described herein, all application fees,
screening fees charged to prospective tenants, late fees, NSF fees,lock out fees,lease mediation and
violation fees, advertising rebates,banking rebates and any other fees as partial payment for services and
reimbursement for expenses. All such fees shall be paid directly to Manager and taken by Manager when
received.
7.6 Any advertising requested by Owner will be at Owner'sexpense.
7.7 Capital improvements performed by Manager with permission from Owner will be subject to a 10%
of invoice fee.
7.8 All fees specified herein are payable when earned unless specifiedotherwise.
8. Indemnification; Non-Responsibility and Release. Owner agrees: (i)to hold and save Manager
free and harmless from any damage or injuries to persons or property by reason of any cause
whatsoever either in and about the Property or elsewhere when Manager is carrying out the
provisions of this Agreement or acting under the express or implied direction of Owner; (ii)that
Manager shall not be responsible for and Manager is hereby released from any liability to or claim
by Owner whatsoever arising out of or in connection with the loss of any client funds in any
Clients' Trust Account where such loss is incurred as a result of bank conduct or omission and
such loss exceeds applicable federal deposit insurance limitations; (iii)to reimburse Manager
upon demand for any moneys which Manager is required to pay out for any reason whatsoever
under this Agreement or in connection with it, or as an expense in defense of any claim, civil or /,
7-PROPERTY MANAGEMENT AGREEMENT Owner Initialed
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criminal action, proceeding, charge or prosecution made, instituted or maintained against
Manager or Owner and Manager,jointly or severally, affecting, arising out of or due to the
conditions or use of the Property, or acts or omissions of Manager or employees of Owner or
Manager, or arising out of or based upon any law, regulation, requirement or contract relating to
the Property; and (iv)to defend promptly and diligently, at Owner's sole expense, any claim,
action or proceeding brought against Manager, Manager's employees or Manager and Owner,
jointly or severally, arising out of or connected with any of the foregoing, and to hold harmless
and fully indemnify Manager from any judgment, loss or settlement on account thereof.' Nothing
contained in this Section 8 shall relieve Manager from responsibility to Owner for claims arising
solely from Manager's gross negligence or willful.misconduct.
9. Warranties.Manager agrees to use its best efforts to perform the services requested of it by Owner
in accordance with this Agreement,but makes no warranties of any kind, express or implied, with
respect to the services to be provided hereunder. IN NO EVENT SHALL MANAGER BE LIABLE
TO OWNER FOR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
MANAGER'S liability with respect to its performance or nonperformance of its obligations under
this Agreement shall in no event exceed the sums paid to Manager by Owner pursuant to this
Agreement.
10. Insurance.
10.1 Owner agrees to carry at his/her own expense public liability insurance in an amount not less than
Owner's total assets or minimum $500,000 naming Owner and Manager in a form adequate to protect
their interests and in form and substance reasonably satisfactory to the Manager, and to furnish Manager
with certificates evidencing the existence of such insurance.
Insurance Agent:
Address:
Telephone: Policy Number:
10.2 Waiver of Subrogation. Owner shall procure an appropriate clause in, or endorsement on, each of its
policies for fire or extended coverage insurance and on all other forms of property damage insurance
including, but not limited to, coverage such as water damage, property damage, boiler and machinery
insurance and sprinkler leakage insurance, covering the Property and any buildings located on the
Property or personal property, fixtures or equipment located thereon, whereby the insurer waives
subrogation or consents to a waiver of the right of recovery against Manager, and having obtained
such clause or endorsement of waiver of subrogation or consent to a waiver of right of recovery,
Owner hereby agrees that it will not make any claim against or seek to recover from Manager for any
loss or damage to property of the type covered by Owner's insurance.
11. Assignability. This Agreement is personal in nature and neither party shall directly or indirectly
assign, sell or otherwise transfer all or any part of the legal or beneficial interest or all or any part of
the rights or obligations created by this Agreement without first obtaining the written approval of the
other.
12. Setoff. Manager has the right to set off any amounts due to Manager under this Agreement against any
and all funds i.n Owner's Client Trust Account.
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property managemepnmt,
13. Fair Housing. The Manager practices fair housing policies to be in compliance with Fair Housing of
Oregon and the United States of America. Fair housing policies are covered in the Fair Housing law and
its amendments. The Fair Housing Law is an extension of the Civil Rights Act and prohibits
discrimination on the basis of race, color, religion, sex, and national origin, handicap (physical or
mental), familial status, families with children and marital status.
14. Independent Contractor. It is expressly understood and agreed that Manager will act as an
independent contractor in performance of this Agreement and not as an employee of Owner.No
provision hereunder shall be intended to create a partnership or a joint venture with respect to the
property or otherwise. All persons employed by Manager in operation of the property shall be deemed
employees of Manager or a legal entity owned and controlled by Manager and shall not be deemed
employees of Owner. Manager shall be solely responsible for all employees' compensation, taxes,or
other benefits, including payroll and bookkeeping costs.
15. Disputes. In the event of any dispute between the parties that arise out of or relates to this Agreement
or its breach, by initialing the space below, the parties agree to participate in voluntary mediation. In
the event voluntary mediation is not successful,any and all disputes shall be resolved through the use of
binding arbitration conducted in accordance with Oregon Laws utilizing professional arbitration services
utilizing professional arbitrators in goodg standing with the Oregon State Bar.
X / "t.t? X ,
(Owner Initials) (Mans r Initials)
1.6. Entire Agreement. This Agreement incorporates all of the terms, covenants and conditions agreed to
by the parties and all prior and contemporaneous agreements are superseded hereby. This Agreement
can only be modified or amended in writing, signed by both parties.
17. Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be
unenforceable, all other parts of this Agreement shall remain in full force and effect.
18. Notices. All notices, reports and statements required to be sent here under to Owner or Manager by
the other shall be mailed to the address set forth herein or such other address as specified in writing.
19. Governing Law. This Agreement shall be governed by the laws of the State ofOregon.
20. Suit or Action. If suit or action is instituted in connection with any controversy arising out of this
Agreement, the prevailing party shall be entitled to recover, in addition to costs, such sums as the court
may adjudge reasonable as attorneys' fees in such suit or action and on any appeal from any judgment or
decree entered therein.
21. Additional Terms:
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22. Emergency Contact: If in the event of an emergency, as determined by Manager,Manager is unable
to contact Owner in a timely manner to prevent damage to the Property or claims against Owner,
Manager may contact the following person who is authorized, in emergency circumstances only,to
act in behalf of the Owner in authorizing Manager to take any necessary and appropriate remedial
action:
Hil-Pk. THES1 -- -- -1)-1--- ))(5-- S-5-2 CD
(Print Name) (Telephone)
/ ?fo JeS i ew Aim LAL. C§Ct. OR. 7203 94-
(Mailing Address) (City, State,Zi )
PROPERTY OWNER:
Fil—Wa.k. &kk'S — s1-2o/F
Names Date
Mailing Address City, State,Zip
th%Gti�'., .. 1.-' Ot1a1f C6)14
E-mail address
Z �- („&i..4_61 _ '-D)— 772o-psi`
Signature Telephone
Signature Telephone
Manager: Lynn Doty,Property Manager Broker
lynn@dotypropertymanagement.com
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1,1_1(1/164_ e-Gc is
Signature Date
10-PROPERTY MANAGEMENT AGREEMENT Owner Initials