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DDR2020-00002 NOTICE OF TYPE I DECISION DOWNTOWN DEVELOPMENT REVIEW DDR2020-00002 !PI SHAWN GARDNER DANCING T I GA ' 120 DAYS = March 31, 2021 SECTION I. APPLICATION SUMMARY FILE NAME: Shawn Gardner Dancing CASE NO.: Downtown Development Review(DDR) DDR2020-00002 PROPOSAL: The applicant proposes to construct a new 30 foot by 50 foot detached accessory structure at 8900 SW Commercial Street (WCTM 2S102AA, Tax Lot 4700). The structure will be located at the northwest end of the site, and the applicant states it will occupy five (5) existing parking spaces. APPLICANT: Shawn Gardner Dancing Attn: Shawn Gardner 8900 SW Commercial Street Tigard,OR 97223 OWNER: Bridge Street Commercial,LLC Attn:Richard Lorimar 12600 SW 72"d Avenue,Suite 140 Tigard,OR 97223 LOCATION: 8900 SW Commercial Street;WCTM 2S102AA,Tax Lot 4700 BASE ZONE: MU-CBD: Mixed-Use Central Business District Zone SUB-AREA: Scoffins Street—Commercial Street APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.650 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. DDR2020-00002 Shawn Gardner Dancing 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject site (8900 SW Commercial Street;WCTM 2S102AA,Tax Lot 4700)is located on the southwest side of SW Commercial Street, northwest of SW Ash Avenue, and southeast of SW Main Street. The property contains an existing commercial building that is occupied by an indoor entertainment use (Shawn Gardner Dancing) and 28 parking spaces. The property is located in the Tigard Downtown Plan District, the Mixed-Use Central Business District (MU-CBD) Zone, and the Scoffins Street — Commercial Street Sub-Area.The applicant proposes to construct a new 30 foot by 50 foot detached accessory structure at the northwest end of the site. The applicant states the structure will occupy five (5) existing parking spaces. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.650 Tigard Downtown Plan District: 18.650.040 Approval Criteria A. Type I downtown development review. The approval authority will approve or approve with conditions an application for Type I downtown development review when the following are met: 1. The modification does not cause the development to go out of conformance with any applicable standard of this chapter or further out of conformance if already nonconforming,except where an adjustment has been approved; and The applicant proposes to construct a new 30 foot by 50 foot detached accessory structure at 8900 SW Commercial Street (WCTM 2S102AA,Tax Lot 4700).The structure will be located at the northwest end of the site, and the applicant states it will occupy five (5) existing parking spaces. The findings in this decision will only address the development and design standards in CDC Chapter 18.650 that apply to the proposed accessory structure. The subject property is located in the Scoffins Street — Commercial Street Sub-Area. There are no minimum front or side setbacks in this sub-area,but there is a minimum rear setback of five (5) feet.The applicant did not submit a scaled site plan with this land use application; accordingly, compliance with the minimum rear setback will be confirmed at the time of building permit submittal. Additionally, the applicant did not submit scaled elevation drawings with this application; accordingly, compliance with the maximum building height standard (80 feet) will also be confirmed at the time of building permit submittal. The applicant's proposal will not modify the site's existing lot coverage, landscaping, or minimum building frontage. The existing indoor entertainment use was originally approved by the City of Tigard Planning Division in 2006 (Case No. MMD2006-00009). In that decision, it was determined that the minimum parking requirement for the subject site was 59 parking spaces,and adequate parking was provided with 28 spaces located on site, and 49 spaces located off site through shared parking agreements with neighboring property owners. The proposed accessory structure will occupy five (5) on-site parking spaces. The applicant states that the shared parking agreements from Case No. MMD2006-00009 are still in effect. Additionally, the proposed accessory structure will not modify the site's minimum parking requirement because it will not add floor area (CDC 18.40.100).Accordingly,even with the proposed removal of five (5) on-site parking spaces, adequate parking will continue to be provided with 23 spaces located on site, and 49 spaces located off site through shared parking agreements with neighboring property owners. The proposed accessory structure will comply with the roof design standard in CDC I8.650.060.C.2.b because it will have a gabled roof. Furthermore, the applicant is not proposing to utilize any of the prohibited building materials outlined in CDC 18.650.060.E.2. DDR2020-00002 Shawn Gardner Dancing 2 As detailed in the findings above, the proposed modification does not cause the existing development site to go out of conformance with any applicable standard in CDC Chapter 18.650, or further out of conformance if already nonconforming. This criterion is met. 2. The modification complies with all other applicable standards of this title. Staff reviewed the applicant's materials to confirm that this proposal is in compliance with all other applicable standards of this Title. This criterion is met. CONCLUSION: This proposal has been processed through a Type I downtown development review,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 downtown development review 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 appealable locally and is the final decision of the City. THIS DECISION IS FINAL ON DECEMBER 2, 2020, AND BECOMES EFFECTIVE ON DECEMBER 3, 2020. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(a,tigard-or.gov. • December 2, 2020 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee DDR2020-00002 Shawn Gardner Dancing 3 APPROVED ' LinaCS, 17:04.23, 1 2/0 2120 2 0 * � Proposal for new 30' x 50' freestanding accessory +z _� structure (drawing not to ` scale). • trt , w , 4 e o �.. I 4 4 Structure must be located at least 'vim 5 away from this rear property �"" + . ''' Q • line. Applicant is responsible for , ; � 4 , ` verifying structure meets this rear IIIsetback requirement. , 4 M U e P ii1iiii1i11i Zl07�9 r ARL/14-.4#‘ Jo- Nig 1 0 15 A APPLICANT MATERIALS RECEIVED NOV 2 4 2020 Case#: Z)Z 2 2 City of Tigard CITY of T1OARD ��Df7�.- COMMUNITY DEVELOPME Ij�il1NG TIGARD Master Land Use Application LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADU) 0 Modification: O Type I O Type II ❑ Adjustment 0 Planned Development: ❑ Annexation O Consolidated Plan ❑ Comprehensive Plan Map Amendment O Concept Plan DDonditional Use O Detailed Plan ootown Development Review: 0 Sensitive Lands Review: lJ Type I O Type II O Type I D Type II O Type III O Adjustment 0 Site Development Review: O Type I O Type II ❑ Home Occupation—Type II 0 Subdivision ❑ Land Partition 0 Temporary Use Permit ❑ Lot Line Adjustment/Lot Consolidation 0 Urban Forestry Plan: ❑ Marijuana Facility Permit O Modification n Discretionary Review ❑ Miscellaneous: 0 Zoning Map Amendment LI)Type II C Type III PROJECT INFORMATION �^ Project name: C all opJ ( OJ 4 \awn ( G rrl c •ex- 11Ctnci r Brief description of project: W e. (,v:j.)I( ) i j(C., y�k) (k)`V l (� Gl_ -Wee "1^t fl(�-i fl Cun �; i n `AIL. l�.1ra el__ o-� (- .� le );I(Urn ( t1 eat t- i( 4f t asi+ Ce n' e s-) lin i s w;t t t I c CA OCK:s 1od a -e, -roc an Ov r ( o Cr- ' pC,.e; R due. io Cc)vic - )mot. We. C',L.cc-en11y love IL -V-c.i cXccsy t�n1 `thsZTe.• We- hQ‘i<, cien-ti G4- parvic) ci a cram,n(i' ri-Loni S Sk))L-fh hei0\1 S SITE INFORMATION ' r(tc.t.j(t- 4) ' FDIC_ SiXact5 i h `f'hC 1000 k-fl Location (address if available): cioc) Sn1 CColz vrviro ai SA- • '1-1904-d , nQ CU7 Tax map and tax lot number(s): Site size: Zone: APPLICANT INFORMATION Name: g1.J.,n GQ.(O. F nc..01 Mailing address:�Gtlx 9 t) ..OMrnit .t(`\ si . City/State: `fit 90Sd ioe, Zip: C(727,, Phone: q.11 'qq$' L3a0 Email:Sk1G C b-D(���-slabs,3 srv.�k r'(�Q.DCA('Lj. C.OYlr) Applicant's representative: ah CW.T7 K-,as- U2 V Phone: cil 1 'CIC1 O• g I2C) Email: 111(kla,('1g51'1C3,ls.Xl3atl-d.n-k.rdckocinn-cur) City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION O Same as applicant (Attach list for additional owners) Name: 12J►'1(A Q C S`�TC fi �1�:'{�1'('(lk l G C �1 ch L on rv\ J ., 1 CI�27Z) Mailing address: 1,2iQC`lD Six 1 "1� h VM C� A City/State: 'Yf C�C� r01� Zip: �, Phone: S 4 '41 q S Email: r 1 he, ITX3• C )Th 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 tigardplannerondutytigard-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. h a La- c_C?d.► - 11 I I-l)20 Applican Print name Date Richard Lorimor for Bridqestreet Commercial,LLC. 11/23/20 Property owner's signature* / Print name 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. Case No.: "0C-a4lication fee: Received by: Date: Related Case(s): Determined complete by: Date: City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 UPDATES FOR GRANT PROJECT AT SHAWN GARDNER DANCING Back fencing will be chain link along the DOWNTOWN TIGARD back and will run approx.60 ft.The chain • 91949.£4111 •"w 411 6"11.� 0. link will be covered with greenery. �rYY� � vim� Y♦ •�� .�:�.•.�♦`♦•♦;♦; ♦♦ ♦ 1%WO Estimated cost is$2000. �� i�♦♦e i♦♦ ►•'yiiii♦♦♦i•♦•i♦♦♦i♦ ♦♦♦♦ ♦' ♦♦♦ ♦ • ♦ ♦i ♦♦ t F i • ♦ 9 ,- -14 yam-d t�µ q�'�S`�+y,p., 'lam w-�Mf y s'., 3� Y T 4 ♦ 1 reiit -- _ r,.. _:} J • • ifs 1.3. '—Ti-ifr -L • -- r ' � This is the temporary structure that we have decided to go with instead of the larger more expensive option The front gate portion is almost complete and cost approx. that was initially planned. This structure is 30 x 50 $1800. feet and the total is$7600. We understand that this **Note:We did this before we were approved for the grant and structure is taking the place of the previous plan.This didn't expect to include it but if we can,that would be great as will be put up around the end of October.I have it is part of the project. several bids if needed and this was the best one, TRAIN TRACKS Fence in the back of the building blocking off the railroad tracks. Proposed to El El 0 0 El CI El fence block t connect the existing Transit center fence to blockin the space. i. ',MOP —� BALLROOM 1 ..� _ .. _,. BUILDING- _ r r BALLROOM ..-.. -._' ,r _ PARKING 1`-': 't IIII LOT Sliding slat fence. Will remain TIGARD �j�, here and can open and close. Green box is the ``P� ' proposed 00tQ• 4 i landscaping next to the fence that TRANSIT c0 '�`'� separates the two — New lit sign on Current Sign to be corner top of building properties CENTER next to Commercial. rebranded. See above rendering 4 from sidewalk on TSIDEWALK SIDEWALK COMMERCIAL ST. Coast To Coast 22525 Interstate 40 Knoxville, AR. Financed: I I RTO i i Remit to: P.O. BOX 100 Knoxville, AR. 72845 Ready: ❑ 7 Business 1-479-885-1258 Fax 1-877-472-5097 Not Ready: I �` Toll Free 1-866-267-3790 Date Ready: Carports, Inc. Order# Oregon Outbuildings Washington 505-936-9991 Dealer: County: Phone: Date: Buyer Name: Shawn Gardner Buyer Address 8900 SW Commercial St City: Tigard State:OR Zip: 97223 Phone(Day) 971-998-5720 (Cell) (Email) sjeandancer@gmail.com Unit Location(If different from above) : OPTIONS CARPORT El UTILITY CARPORT 1 I GARAGE I I RED BARN L_1 CERTIFIED I I NON-CERTIFIED= REG. STYLE El 14 Ga.❑ 12Ga❑ WIDTH X LENGTH $ All Orders C.O.D. X LEG HEIGHT $ A-FRAME STYLE 14 Ga 12 Ga❑ WIDI H 30 X LENGTH 51 $7395 Sale Price $ 9395 X LEG HEIGHT 9 $ 660 ROOF LENGTH 51 FRAME LENGTI 150 VERTICAL ROOF VI $ Tax rate(0 )$ COLOR TOP: Barn Red TRIM Black $ GABLE ENDS COLOR:bIacK FHON i ❑ BACK ❑ BOTH liej $400 Document Fee $ 5 SIDES CLOSED COLOR: Barn Red ONE to BOTH E $940 I VERTICAL SIDES E $ Total $ 9400 CLOSED ENDS COLOR: ONE El BOTH ❑ $ 1 VERTICAL ENDS ❑ $ Down Payment 736.00 GARAGE DOORS HOW MANY?: SIZE: O1 HER: $ Before Taxes $ Order WM.NOT be processed if dealer WINDOWS HOW MANY?: $ collects more than allowed commission. WALK-IN DOORS HOW MANY?: $ Payment Options: EXTRA PANELS HOW MANY?: SIZE: COLOR: $ ❑Check EXTRA BRACES HOW MANY?: SIZE: $ 0 Money Order EXTRA FRAME BOWS HOW MANY?. SIZE: $ ['Cashiers Check MOBILE HOME ANCHORS HOW MANY?. $ ❑Credit Card with 2.5%processing fee J-TRIM HOW MANY?: COLOR: $ Balance Due ROLL-UP COMMERCIAL DOORS WITH CHAIN I HOW MANY?: SIZE: $ Al Installation $8664 EXTRAS I $ No card fee in: I TOTAL $ 9395 CO,TX,KS,OK,CT,MA,NY ELECTRICITY AVAILABLE YES It NO =I O GROUND III OTHER I=INST. CEMENT SIZE Things you should know... Please inform installers of any underground cables, gas lines, or any other utility lines. If utilities are not marked, we will not be liable for damage. We will not be responsible for permits or restrictions. LOT MUST BE LEVEL OR UNIT WILL BE INSTALLED "AS IS" ON LOT **A lift may be required on certain structures 13' or taller.The customer will be responsible for providing such lift if needed** If land is not level or additions are to be made to carport, a$100.00 service charge and any additional material costs will be added to the balance. COAST TO COAST CARPORTS,INC.WILL ABSOLUTELY NOT BE RESPONSIBLE FOR REFUNDS OF THE CUSTOMER'S DEPOSIT COLLECTED BY THE DEALER. COAST TO COAST CARPORTS,INC.IS NOT LIABLE FOR ANY DAMAGES AS A RESULT FROM INCLEMENT WEATHER. IF YOU ARE TAX EXEMPT,A TAX EXEMPT CERTIFICATE MUST BE ATTACHED TO YOUR ORIGINAL ORDER(S). OTHERWISE,APPLICABLE TAX WILL BE ADDED.NO EXCEPTIONS Our ground anchors are temporary only. For permanent anchors ask your Dealer or Sales Representative. I have read the terms and conditions of this contract; by signing this contract, I agree to all conditions set forth herein and should I fail to make payment in full at time of delivery I understand and agree to allow COAST TO COAST CARPORTS, INC. to pick up the carport and I will be liable for all applicable charges and fees associated with the initial setup and delivery as well as any legal fees incurred by Coast to Coast Carports, Inc. Please keep original invoice for legal matters. COAST TO COAST CARPORTS, INC. RESERVES THE RIGHT TO CANCEL ANY ORDERS. NOTE: Frame is 1 ft. shorter than roof length on horizontal metal. Vertical buildings have no overhang and are 1 ft. shorter than horizontal. NOTE: If you are needing a special drawing for your building there will be an additional charge, that is NON-REFUNDABLE. NOTE: Buyer is not allowed to alter unit in anyway, such as additions or repairs. Unit will remain property of Coast to Coast Carports, Inc. until balance is paid in full. NOTE: There are no refunds on deposits on cancelled orders. NOTE: Cost of building permits obtained by the contractor, will be added to the balance. BUYER MUST INITIAL WARRANTY SELECTION See Limited Warranty Explanations on Reverse Side 14 GAUGE-Workmanship Only 12vGAUGE-dWorkCOAST CARPORTS, INC. manship&4Rust-Throough Certified Non-certified If accepted ontract betweeSUB SeOAST ller TOand the E B y rS namAND d belowIas Seller)foNS ONws: s REVERSE SIDEt its office in mstabovedan becomes Seller and Buyer agree that the Seller will sell to Buyer the metalbuilding (Unit),described above and install it at the address stated above and that Buyer will obtain all required permits, prepare the site for installation, purchase the Unit and pay the price as stated above. NO REFUNDS ON SPECTAT- ORDERS BUYER DATE WITNESS/DEALER ACCEPTED: TERMS AND CONDITIONS No Agency.The Dealer named on the face of this Order is NOT an agent of Seller for any purpose except receipt of the Deposit.No representation or agreement by the Dealer is binding on Seller. Rejection of Order and Cancellation of Contract.Seller reserves the right,at any time before installation of the Unit,to rejects this Order or cancel this contract by notice in writing to Buyer.Upon giving such notice,Seller will refund any deposit received from Buyer.Buyer agrees that such refund shall be Buyer's exclusive remedy for such cancellation. Legal Authority for Installation.Before installation of the Unit,Buyer shall locate and mark any underground utilities and obtain every permit or other authorization required for lawful erection of the Unit on that certain site(the"site")designated by Buyer upon the property specified on the face hereof.If Buyer fails to obtain any such required permit or authorization:(i)such failure voids any and all warranties otherwise applicable to the Unit,and(ii)Buyer shall indemnify and hold Seller harmless for all damages or costs,including attorney fees,which Seller may incur as a result thereof.Seller will install the Unit on the Site;BUT,if Seller delivers the unassembled Unit and installation is not completed due to Buyer's breach of contract by failure to obtain any required permit or by any other failure to adequately prepare the site,Seller may,in its sole discretion,terminate this contract and retain Buyer's deposit as liquidated damage for Buyer's breach. Site Preparation.Before delivery,Buyer shall designate a site on the property identified as the Location on the face hereof and prepare such site for installation of the Unit,which preparation shall include making the site level,removing all electrical wire less that 15 feet above the intended height of the Unit, removing all underground utilities below the site,and any other improvement reasonably necessary.If Seller determines that the site is not prepared or suitable for installation,Seller may,at its option,terminate this contract or make such further improvements as may be reasonably necessary.If Seller makes further improvements to the site,Buyer agrees to pay the reasonable cost thereof upon completion.Coast to Coast Carports,Inc.is not responsible for stony,impenetrable ground. Scheduling Delivery and Installation.After the order,and the proper permits are received,there will not be any contact from Coast to Coast Carports,Inc.until the call to schedule installation which will be two to four days in advance of the installation date.The scheduling department must speak with you to confirm the installation date.Buyer may,by written notice received by Seller not more than 7 days after Seller's acceptance hereon, delay the delivery and installation for up to 60 days with no price increase.After 60 days the order is subject to any price increase that arises.In no event will Seller be liable for any damage or consequential damages resulting in any delay in delivery or installation of the unit.The average wait time is 6-8 weeks,once all required permits are received,however this is not a guarantee.Orders placed late summer to early fall/winter could experience delay due to weather and/or holidays. Day of installation.Because this is construction,we cannot provide a specific time when the crew will be at your location..We will be able to tell you if it will be in the A.M.or P.M.There are times when delivery will be early or late depending on the weather,travel/road conditions,or challenges at the previous locations.Please make arrangements to be on site or have someone on site the entire day.If for some reason the crew cannot install on the given day you will be rescheduled as a priority on the next available date.If for any reason the customer refuses install,because of changes the customer themselves makes,resulting in a return trip to the location there will be a$100.00 fee plus applicable taxes charge added to the balance. Change Orders.No change in the Unit or its specifications is binding on Seller unless requested by Buyer's written change order and approved in writing by Seller.Any change requested by Buyer constitutes the Buyer's consent to resulting changes in the Price. Limited Warranty.As to all Units,Seller warrants that its installation of all units will be free of defects in workmanship, however buyer must notify seller of any such defect within (365)days after installation.As to 12-gauge Units and 12-gauge Certified Units only,which may contain some I4-gauge non-load bearing elements, Seller warrants the framing elements and roofing material only against rust-through for twenty(20)years from installation,assuming normal user care and maintenance,excluding horizontal roofs longer than 31'.As to Certified Units only,Seller warrants that,for twenty(20)years from installation,assuming normal user care and maintenance,the Unit will withstand the wind and snow loads specified on the engineer-certified drawings of the Unit furnished at the time of installation. Workmanship warranty and proper practice will be determined at the sole discretion of the Seller,and will follow standard industry guidelines. Warranty will include: Trim Cuts,Sheeting Cuts,Material free of defects,Proper installation of required anchors,Proper installation of doors and windows. Will not fall under workmanship warranty: Leaks at the seam(overlap)of any A-Frame or Regular roof unit. If buyer did not provide seller with a perfectly level and perfectly square installation site.If buyer does not assume normal care and maintenance. Warranty will not cover the following applications of the framing elements: Contact with soils,ashes, fertilizers or other moisture retaining substances,chemical agents,fumes,liquids or solids other than natural rain falling onto product.Failure to remove debris and or failure to provide free drainage of water including internal condensation from all surfaces of the frame tubing.Deterioration of the tubing due to contact with green or wet timber,or treated pine.Installation subject to unusually corrosive environments at any given time current or in the future,storms or any act of God.Covering of frame tubing in concrete of any composition. Any alteration or abuse of the Unit shall void all such limited warranties. SELLER'S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT,AT SELLER'S OPTION,OF THE UNIT.SELLER MAKES NO WARRANTIES,EXPRESS OR IMPLIED,OTHER THAN THOSE EXPRESSLY STATED HEREIN. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY. Payment Terms&Miscellaneous.Buyer agrees to pay the price,including any increase for any change order,in full at the time of installation.If any payment tendered by Buyer is dishonored for any reason,Buyer agrees that the balance due shall thereafter bear interest at one and one-half percent(1.5%)per month.I understand that if payment is not received at time of service,the seller at their discretion may place my account with a collection agency. If this action is necessary,I agree to pay the cost associated with collection agency fees.If Seller refers collection hereunder to any attorney,Buyer agrees to pay Seller's reasonable attorney fees and expenses.This Agreement is governed by the laws of Arkansas.No civil action or other legal proceeding arising under this Agreement or related the Unit shall be brought against Seller other than in a court of general jurisdiction in the State of Arkansas for more than one(1)year after Buyer knew or should have known of the basis of the claim. The term"Buyer" includes persons named as such on the face hereof,their heirs,successors and assignees,and shall include singular,masculine,feminine or neuter as required by the context.This Agreement,including only the face and reverse hereof and an engineer-certified drawing of the Unit,if such drawing is furnished by Seller,constitutes the complete agreement of the parties,and all prior descriptions,representations,negotiations or agreements are merged herein and superseded hereby.