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TUP2020-00008 NOTICE OF TYPE I DECISION TEMPORARY USE PERMIT TUP2020-00008 19 CHRISTMAS TREE LOT T I G A R D 120 DAYS = March 25, 2021 SECTION I. APPLICATION SUMMARY FILE NAME: Christmas Tree Lot CASE NO.: Temporary Use Permit(TUP) TUP2020-00008 PROPOSAL: The applicant is requesting a temporary use permit to sell Christmas trees between November 28, 2020 and December 28, 2020 at 11576 SW Pacific Highway; (WCTM 1S136DA,Tax Lot 1102).The activities will take place within the existing parking lot at the subject property. APPLICANT: Demetrios Ikonomou 30980 Follett Lane Hermiston,OR 97838 OWNER: Meldren W.Anderson Credit Shelter Trust Attn:Michael Anderson,Trustee 11570 SW Pacific Highway Tigard, OR 97223 LOCATION: 11576 SW Pacific Highway;WCTM IS136DA,Tax Lot 1102 BASE ZONE: C-G: General Commercial Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.440.050.A 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. THIS APPROVAL IS VALID FROM NOVEMBER 28,2020 TO DECEMBER 28,2020 TUP2020-00008 Christmas Tree Lot 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property (11576 SW Pacific Highway; WCTM IS136DA, Tax Lot 1102) is located at the southeast intersection of SW Pacific Highway (Highway 99W) and SW 72nd Avenue. The site is located in the Tigard Triangle Plan District but,as outlined in CDC 18.660.020.A.2,is not subject to the standards in CDC Chapter 18.660 because it is zoned General Commercial (C-G). The property is occupied by multiple commercial buildings,with associated parking and landscaping. Due to the COVID-19 State of Emergency and Governor Kate Brown's Executive Order 20-59, the property manager states that the existing tenants are not actively utilizing the buildings,and that no employees or customers are currently visiting the site. City staff conducted a site visit and counted at least 20 parking spaces on site. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.440 Temporary Uses: 18.440.030 Types of Temporary Uses A. Seasonal or special event.This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday,activity,or celebration,uses associated with construction,or seasonal use.This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; The proposed temporary use is associated with the celebration of a specific holiday(selling Christmas trees); therefore, this proposal meets the description of a seasonal or special event This temporary use permit is being processed through a Type I procedure. 18.440.050 Approval Criteria A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; The proposed temporary sales event will take place only once this calendar year. Additionally, the use will occur between November 28,2020 and December 28,2020,which is a period of 30 consecutive days.This criterion is met. 2. The use is allowed in the applicable base zone; This proposal is for an outdoor sales use,which is allowed in the C-G Zone.This criterion is met. 3. The applicant has proof of the property owner's permission to place the use on the property; This application included the property owner's written authorization.This criterion is met. 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410,Off-Street Parking and Loading; The applicant did not provide a site plan, but city staff conducted a site visit and counted at least 20 TUP2020-00008 Christmas Trcc Lot 2 parking spaces on site. The property manager states that the proposed Christmas trees sales area will occupy six (6) parking spaces, or an area of approximately 816 square feet. Outdoor sales requires a minimum of one (1) parking space for every 1,000 square feet of sales area (CDC Table 18.410.3); accordingly,the applicant is required to provide at least one (1)parking space for the proposed temporary use. Even though the temporary use will occupy six (6) of the on-site parking spaces, staff finds there is still adequate parking on site, with 14 available spaces remaining. Furthermore, due to the COVID-19 State of Emergency and Governor Kate Brown's Executive Order 20-59, the property manager states that the existing building tenants (and any associated employees or customers) are not currently visiting the site or utilizing any on-site parking. Therefore, staff finds that no additional parking is required for the existing uses on the property for the duration of this temporary use. This criterion is met. 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way. The site does not have direct access onto SW Pacific Highway; instead, visitors must cross over an adjacent property to the east(WCTM 1S136DA,Tax Lot 1000)in order to access the site from the public right-of-way. Therefore, it is not anticipated that the proposed temporary use will obstruct any vision clearance areas or pedestrian access points in the public right-of-way. This criterion is met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: A temporary use permit 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. LTHIS DECISION IS FINAL ON NOVEMBER 25, 2020, AND BECOMES EFFECTIVE ON NOVEMBER 26, 2020. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS(2 tigard-or.gov. C � November 25 2020 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee '1'U 1'2020-00008 Christmas Tree Lot 3 APPLICANT MATERIALS RE EN D Case #: [ (•4 2 II City of Tigard NOV 2 0 2020 �}0IN � COMMUNITY DEVELOPME�,����1ENT "11(;AR[) Master Land 'GA i1fcation LAND USE APPLICATION TYPE O Accessory Dwelling Unit(ADU) O Modification: ri Type I Li Type II O Adjustment O Planned Development: O Annexation O Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use O Detailed Plan O Downtown Development Review: O Sensitive Lands Review: ❑ Type I O Type II O Type I U Type II Li Type III ( I Adjustment O Site Development Review: O Type I O Type II ❑ Home Occupation—Type II O Subdivision O Land Partition SiTemporary Use Permit ❑ Lot Line Adjustment/Lot Consolidation O Urban Forestry Plan: O Marijuana Facility Permit i Modification O Discretionary Review O Miscellaneous: _ O Zoning Map Amendment Li Type II O Type III PROJECT INFORMATION Project name: Christmas Tree Lot Brief description of project: We will be setting up a Christmas Tree Lot, where we will be retailing Christmas Trees, Wreaths and Tree Stands. SITE INFORMATION Location (address if available): 1157 SW Pacific Highway, Tigard, OR - 97223 Tax map and tax lot number(s): Site size: 100 ft X 100 ft Zone: APPLICANT INFORMATION Name: Demetrios Ikonomou Mailing address: 30980 Follett Lane City/state: Hermiston, OR tip: 97838 Phone: 541-701 -8506 Email: xristina_10@msn.com Applicant's representative: George Ikonomou (Partner) Phone: 541 -571-5995 Email: City of Tigard • 13125 SW Hall.Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 PROPERTY OWNER INFORMATION 0 Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: 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 tigardplannerondutyna,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 c lete and accurate. Demetrios Ikonomou Nov. 16, 2020 Applic nt's signature* Print name Date 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. STAFF USE ONLY Case No.: '0099aplication fee: le*0 Received by: Date: 1/ az 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 Lina Smith From: Marcele Daeges <marcele@klmcommercial.com> Sent: Friday, November 20, 2020 3:51 PM To: Planner on Duty Cc: Demetri lkonomou Subject: Re: scanned file Categories: Lina Smith Warning!This message was sent from outside your organization and we are unable to verify the sender. Also,thought I should mention that when operating, Greatland Classic use one parking spot and Broadway Rose on average uses around three. Since they are not currently operating as normal, these parking spots are empty. Regards and Stay Well, C. Marcele Daeges Principal Broker KLM Commercial (503)597-7777 marcele@klmcommercial.com On Nov 20, 2020, at 1:40 PM, Marcele Daeges< marcele@klmcommercial.com>wrote: Attaching plat of property for additional details. Buildings stand on lots 1102 and 1200. <Screen Shot 2020-10-01 at 7.40.01 PM.png> <Lot Plat.pdf> On Nov 20, 2020, at 1:25 PM, Marcele Daeges< marcele@klmcommercial.com>wrote: CCing Demetri Ikonomou as he is the one applying for the permit and will pay the application fee. No site plan for where the trees will be located, but happy to show a planner when on site. Trees will be located outdoors at the front of the buildings and take up approximately 1/2 dozen parking spaces. This is a 30-day lease to occur between Thanksgiving and Christmas for the sale of Christmas trees. Buildings are not vacant and there is adequate parking as the tenants have not been operating as a result of the Pandemic. Tenants are Greatland Classic, which occupies around 8,000 sf, which has not been operating and will not be operating during the 30-day lease for tree sales due to lack of business during the Pandemic; Broadway Rose Theater,which occupies approximately 3,000 sf and uses warehouse for production, which has not be in production since March and will not be in production during the 30-day lease for tree sales due to the Pandemic. 1 <Screen Shot 2020-10-01 at 7.40.01 PM.png> On Nov 20, 2020, at 12:41 PM, Planner on Duty< tigardplanneronduty(a tigard-or.gov>wrote: Thanks Marcele. Please also send us the following additional information: • Completed application form (check box for"temporary use permit"): https://www.tigard- orgov/city hall/departments/CommunityDevelopment/Master Land Use Application.pdf • A site plan that shows where the Christmas tree lot will be located on site, and how many parking spaces it will occupy. • Not sure if the buildings on site are currently vacant, but please also send us information on who the current tenants are and the square footage of each building/tenant space. We'll need to calculate if there's adequate parking on site. • After we receive all these materials,we can send you a link to pay the$410 application fee online. Sincerely, Lina Smith Assistant Planner City of Tigard Planning Division 13125 SW Hall Blvd.Tigard, OR 97223 Phone: (503) 718-2421 E-mail:tigardplanneronduty@tigard-or.gov From: Marcele Daeges< marcele@klmcommercial.com> Sent:Thursday, November 19, 2020 6:14 PM To: Planner on Duty<tigardplanneronduty@tigard-or.gov> Subject: Fwd: scanned file Demetri Ikonomou's wife has spoken to Schuyler, planner on duty, over the phone about setting up tree sales at 11570-11576 SW Pacific Hwy. Both the trustee for the property and Demetri have agreed to a lease for the sale of the trees. The lease and scan of signature page are attached below. Since Demetri lives in Hermiston, he has asked that I email this to Schuyler or any planner on duty so he can proceed with setting up for the tree sales. <image001.png> 2 Lina Smith From: Marcele Daeges <marcele@klmcommercial.com> Sent: Thursday, November 19, 2020 6:14 PM To: Planner on Duty Subject: Fwd: scanned file Attachments: Demetri lease.odt.pdf Categories: Lina Smith Demetri lkonomou's wife has spoken to Schuyler, planner on duty, over the phone about setting up tree sales at 11570- 11576 SW Pacific Hwy. Both the trustee for the property and Demetri have agreed to a lease for the sale of the trees. The lease and scan of signature page are attached below. Since Demetri lives in Hermiston, he has asked that I email this to Schuyler or any planner on duty so he can proceed with setting up for the tree sales. Regards and Slay Well, C. Marcele Daeges Principal Broker KLM Commercial (503)597-7777 marcele@kimcommercial.com 1 default. If the Security Deposit is applied by lessor. lessee shall on demand pay the sum necessary' to replenis the Security Deposit to its original amount. In no event will lessee have the right to apply any part of [hi Security Deposit to any rent or other sums due under this Lease. If lessee is not in default and returns th, premises in the same condition as was leased, accounting tar normal wear and tear, then lessor shall not bi responsible for any additional payment toward associated costs. IN WITNESS WHEREOF, the parties have executed this lea. n the a and year rrst hereinabovc written: Michael Anderson, Trustee Dernetri romou Meldren W.Anderson Credit Shelter Trust c— r5 - 2��v { t - tiz - Zd Date Date 2 KLM Commercial Real Estate Inc. Meldren W. Anderson Credit Shelter Trust and Gladys P. Anderson Trust • _j'' .1 / N./ I : /.. 1...0 • ..'' .% 1,,, , I \ MS'11.3001 ' ... ,„..,.4110 I • %, I loco I . ..;-:i.:,-..; -..1 t.. If? I .s. 1.32 AC I Rik I 4 ./ ' .,i, 1 , ecti rib I .1 . • I .' I 1 900 IR I I \ I 1102 I .73. 41,11. I . I I 3.53 AC ) I I . - ... 1 .810 AC 1 . 1,.. 2 I / I I ': IV,I I 1 .' * N I i 'eV% I ,/. 3. I ' :".• ,. 1101 I s., I'' ' 1 . 0. • II e.I g , 0 I c rit .22AC 1 It I M 4 1 .., i I \ ' . IX I I 1 I . ,• ••4_4 __ 12 • I 1 I EV 5 I I -... 00illth -N° .12AC •— 1, -14 us.us 4. 901 6 1 I I I,: 1.- I I 7. lir. am q i *.2613 AC II * 1411 AC. I 1 L . _11,1 1 , , 1 , _ ,_ , 1 1 , I . I , , - I , * . ..1 113021 , n El . .ata ac I I I I _ 21 • 1_1 I I I 1 , 1 I I I — II 1 ri I i I I I I +j-1 I I ' IS', !....J 1 n, _1 Li LII " I . 1 R I I "ism I i — 114'28 -- e —ill" — . "28 — 4 111142 ! 30' •,... Ow IN I 10700 B-H Hwy., Beaverton, Oregon / (503) 597-7777 THIS INDENTURE OF LEASE, entered into this 20th day of November 2020, between Meldren W. Anderson Credit Shelter Trust hereinafter called the lessor, and Demetri Ikonomou, hereinafter called the lessee. WITNESSETH: In consideration of the covenants herein, the lessor hereby leases unto the lessee those certain premises, as is, situated in the City of Tigard, County of Washington and State of Oregon, hereinafter called the premises, described as follows: ground on east and west sides of property entry point, located in front of buildings at 11 5 70-11 5 76 Pacific Hwy, Tigard, Oregon 97223, with access, access road, docks and parking spaces remaining clear and open for use by other lessees. To Have and to Hold the premises commencing November 20, 2020 to December 28, 2020, ,for a rental of$1,000, not including electrical, cleaning and refuse/recycling, which lessee agrees to pay, to Meldren W. Anderson Credit Shelter Trust, 11570 Pacific Hwy., City of Tigard, State of Oregon 97223, at the following times and in the following amounts, to-wit: • Rent of$1,000 and $250 for electrical use, to be received upon lease execution; • There will be a$50 charge for returned checks. In consideration of the leasing of the premises and of the mutual agreements herein contained, the parties agree as follows: LESSEE'S ACCEPTANCE OF LEASE (1) The lessee accepts this letting and agrees to pay to the order of the lessor the rental above stated, in advance, at the times and in the manner aforesaid. USE OF PREMISES (2a) The lessee shall use the premises during the term of this lease for the conduct of the following business: Christmas tree sales and for no other purpose without lessor's written consent. (2b) The lessee will not make any unlawful, improper or offensive use of the premises; the lessee will not suffer any strip or waste thereof; the lessee will not permit any objectionable noise or odor to escape or to be emitted from the premises or do anything or permit anything to be done upon or about the premises in any way tending to create a nuisance; the lessee will not sell or permit to be sold any product, substance or service upon or about the premises, excepting such as lessee may be licensed by law to sell and as may be herein expressly permitted. (2c) The lessee will not allow the premises at any time to fall into further state of disrepair or disorder as to increase the fire hazard thereon; the lessee will not install any power machinery on the premises except under the supervision and with written consent of the lessor; the lessee will not store, nor will be using gasoline,highly combustible or hazardous materials on the premises at any time; the lessee will not use the premises in such a way or for such a purpose that the fire insurance rate on the improvements on the premises is thereby increased or that would prevent the lessor from taking advantage of any rulings of any agency of the state in which the premises are situated, or which would allow the lessor to obtain reduced premium rates for long term fire insurance policies. (2d) The lessee shall comply at lessee's own expense with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of the premises. These include, without limitation, all laws, regulations and ordinances pertaining to air and water quality, Hazardous Materials as herein defined, waste disposal, air emissions, and other environmental matters. As used herein, Hazardous Material means any hazardous or toxic substance, material, or waste, including but not limited to those substances, materials, and waste listed in the U.S. Department of Transportation Hazardous Materials Table or by the U.S. Environmental Protection Agency as hazardous substances and amendments thereto, petroleum products, or such other substances, materials, and waste that are or become regulated under any applicable local, state, or federal law. (2e) The lessee shall regularly occupy and use the premises for the conduct of lessee's business, and shall not abandon or vacate the premises for more than five (5) business days without notifying lessor. (2f) Lessee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the premises by lessee, its agents, employees, contractors, or invitees without the prior written consent of lessor, which consent will not be unreasonably withheld so long as lessee demonstrates to lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to lessee's business and will be used, kept, and stored in a manner that will comply at all times with all laws regulating any such Hazardous Material so brought upon or used or kept on or about the premises. UTILITIES (3) The lessee shall pay for lessee's own electricity, cleaning service and refuse/recycling used by lessee during the term of this lease. REPAIRS AND IMPROVEMENTS (4a) The lessee hereby agrees to maintain and keep the premises in like condition, as delivered to the lessee by the lessor, except for normal wear and tear, during the entire term of this lease, at lessee's own cost and expense, and make any repairs and replacements necessitated by the negligence or use by lessee, its agents, employees and invitees. It is further agreed that the lessee will make no alterations, additions or improvements to or upon the premises without the written consent of the lessor first being obtained. (4b) The lessor reserves and at any and all times shall have the right to alter, repair or improve the buildings or to add thereto, and lessee waives any claim to damages. LESSOR'S RIGHT OF ENTRY (5) It shall be lawful for the lessor, the lessor's agents and representatives, at any reasonable time,to enter into or upon the premises for the purpose of examining into the condition thereof, or for any other lawful purpose. RIGHT OF ASSIGNMENT (6) The lessee may not assign, transfer, pledge, hypothecate, surrender or dispose of this lease, or any interest herein, sublet, or permit any other person or persons whomsoever to occupy the premises without the written consent of the lessor being first obtained in writing, which shall not be unreasonably withheld or delayed; this lease is personal to lessee; lessee's interests, in whole or in part, cannot be sold, assigned,transferred, seized or taken by operation, at law, or under or by virtue of any execution or legal process, attachment or proceedings instituted against the lessee, or under or by virtue of any bankruptcy or insolvency proceedings had in regard to the lessee,or in any other manner, except as above mentioned. LIENS (7) The lessee will not permit any lien of any kind, type or description to be placed or imposed upon the improvements, in which the premises are situated, or any part thereof, or the land on which they stand. ICE,SNOW, DEBRIS(8) If the premises are located at street level, then at all times lessee shall keep the parking lot in and around the premises free and clear of ice, snow,rubbish,debris and obstruction. OVERLOADING OF FLOORS (9) The lessee will not overload the ground of the premises in such a way as to cause any undue or serious stress or strain upon the premises, or any part thereof, and the lessor shall have the right, at any time, to call upon any competent engineer or architect whom the lessor may choose, to decide whether or not the ground of the premises, or any part thereof, is being overloaded so as to cause any undue or serious stress or strain on the premises, or any part thereof, and the decision of the engineer or architect shall be final and binding upon the lessee; and in the event that it is the opinion of the engineer or architect that the stress or strain is such as to endanger or injure the premises, or any part thereof,then and in that event the lessee agrees immediately to relieve the stress or strain, either by reinforcing the premises or by lightening the load which causes such stress or strain, in a manner satisfactory to the lessor. ADVERTISING SIGNS (10) Lessee may have signage as agreed upon between Lessee and Lessor and according to local government codes. LIABILITY INSURANCE (11) At all times during the term hereof, the lessee will, at the lessee's own expense, keep in effect and deliver to the lessor liability insurance policies in form, and with an insurer, satisfactory to the lessor. Such policies shall insure both the lessor and the lessee against all liability for damage to persons or property in, upon, or about the premises. The amount of such insurance shall be not less than $1,000,000 for injury to one person, not less than $1,000,000 for injuries to all persons arising out of any single incident, and not less than $1,000,000 for damage to property, or a combined single limit of not less than $1,000,000. It shall be the responsibility of lessor to purchase casualty insurance with extended coverage so as to insure any structure on the premises against damage caused by fire or the effects of fire (smoke, heat, means of extinguishment, etc.), or any other means of loss. It shall be the responsibility of the lessee to insure all of the lessee's belongings upon the premises, of whatsoever nature, against the same. With respect to these policies, lessee shall cause the lessor to be named as an additional insured party. Lessee agrees to and shall indemnify and hold lessor harmless against any and all claims and demands arising from the negligence of the lessee, lessee's officers, agents, invitees and/or employees, as well as those arising from lessee's failure to comply with any covenant of this lease on lessee's part to be performed, and shall at lessee's own expense defend the lessor against any and all suits or actions arising out of such negligence, actual or alleged, and all appeals there from and shall satisfy and discharge any judgment which may be awarded against lessor in any such suit or action. Lessee will provide Lessor with copy of certificate of liability insurance. FIXTURES (12) All improvements upon the premises, whether installed by the lessor or lessee, shall be and become a part of the premises as soon as installed and the property of the lessor unless otherwise herein provided,with Lessee's improvements to be removed upon the request of the Lessor. LIGHT AND AIR (13) This lease does not grant any rights of access to light and air over the premises or any adjacent property. DAMAGE BY CASUALTY,FIRE AND DUTY TO REPAIR (14) In the event of the destruction of the improvements by which the premises are located by fire or other casualty, either party hereto may terminate this lease as of the date of fire or casualty, provided, however, that in the event of damage to the improvements by fire or other casualty to the extent of Twenty-five (25)percent or more of the sound value thereof, the lessor may or may not elect to repair the same; written notice of lessor's election shall be given lessee within thirty days after the occurrence of the damage; if notice is not so given, lessor conclusively shall be deemed to have elected not to repair; in the event lessor elects not to repair, then and in that event this lease shall terminate with the date of the damage; but if the improvements by which the premises are located be but partially destroyed and the damage so occasioned shall not amount to the extent indicated above, or if greater than said extent and lessor elects to repair, as aforesaid, then the lessor shall repair the same with all convenient speed and shall have the right to take possession of and occupy, to the exclusion of the lessee, all or any part thereof in order to make the necessary repairs, and the lessee hereby agrees to vacate upon request, all or any part thereof which the lessor may require for the purpose of making necessary repairs, and for the period of time between the day of such damage and until such repairs have been substantially completed there shall be such an abatement of rent as the nature of the injury or damage and its interference with the occupancy of the premises by the lessee shall warrant; however, if the premises be but slightly injured and the damage so occasioned shall not cause any material interference with the occupation of the premises by lessee,then there shall be no abatement of rent and the lessor shall repair the damage with all convenient speed. WAIVER OF SUBROGATION RIGHTS (15) Neither the lessor nor the lessee shall be liable to the other for loss arising out of damage to or destruction of the premises, or the building or improvement of which the premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either lessor or lessee or by any of their respective agents, servants or employees. It is the intention and agreement of the lessor and the lessee that the rentals reserved by this lease have been fixed in contemplation that both parties shall fully provide their own insurance protection at their own expense, and both parties shall look to their respective insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this lease. Neither the lessor nor the lessee shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereof,unless specifically covered therein as a joint assured. EMINENT DOMAIN (16) In case of the condemnation or purchase of all or any substantial part of the premises by any public or private corporation with the power of condemnation this lease may be terminated, effective on the date possession is taken, by either party hereto on written notice to the other and in that case the lessee shall not be liable for any rent after the termination date. Lessee shall not be entitled to and hereby expressly waives any right to any part of the condemnation award or purchase price. SIGNS(17) The lessor may post on the premises signs notifying the public that the premises are"for lease. DELIVERING UP PREMISES ON TERMINATION (18) At the expiration of the lease term or upon any sooner termination thereof, the lessee will quit and deliver up the premises and all future erections or additions to or upon the same, in like condition as date of delivery, to the lessor or those having lessor's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by fire, unavoidable casualty and the elements alone excepted, as the same are now in or hereafter may be put in by the lessor. ADDITIONAL COVENANTS OR EXCEPTIONS (19) • Smoking is not allowed within or nearby the buildings. • If extension cords are used,they should have breakers or surge protectors. • Lessee will have access to premises twenty-four(24) hours per day. • The lease terms and conditions are confidential and are not to be discussed with any third party. Lessee may discuss lease with Lessee's lawyer and accountant. • Transaction broker: KLM Commercial Real Estate, who shall be compensated by the Lessor. • Lessor shall have no obligation to provide security service or to adopt security measures regarding the premises, and Lessee shall cooperate with all reasonable security measures adopted by Lessor. Lessor may modify the type or amount of security measures or services Lessor provides to the building or the premises at any time. • Lessee will provide Lessor with phone number(s)and email address. • Parking: Lessee will have use of parking at a ratio of two parking spaces per 1,000 RSF of leased space on a first come,first serve basis. • Lessee should submit for Lessor approval in advance prior to installing appliances or equipment, which may overload the electrical circuit. • Lessor has notified and Lessee is aware that Lessor is negotiating a long-term ground lease with another tenancy. Lessee is hereby notified that as part of the long-term ground lease negotiations, there may be various inspections, testing, surveys, and other work required in preparation for and as part of the long-term ground lease. • Restroom facilities for Lessee's use are to be provided by Lessee thru use of a Aorta potty or other means such as use of restroom facilities elsewhere. ATTACHMENT (20) BANKRUPT DEFAULT PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if the lessee shall be in arrears in the payment of rent for a period of ten days after the same becomes due, or(2) if the lessee shall fail or neglect to perform or observe any of the covenants and agreements contained herein on lessee's part to be done, kept,performed and observed and such default shall continue for ten days or more after written notice of such failure or neglect shall be given to lessee, or (3) if the lessee shall be declared bankrupt or insolvent according to law, or (4) if any assignment of lessee's property shall be made for the benefit of creditors, or(5)if on the expiration of this lease lessee fails to surrender possession of the premises, the lessor or those having lessor's estate in the premises, may terminate this lease and, lawfully, at lessor's option immediately or at any time thereafter, without demand or notice, enter into and upon the premises and every part thereof and repossess the same, and expel lessee and those claiming by, through and under lessee and remove lessee's effects at lessee's expense, forcibly if necessary and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises shall deprive lessor of any other action, right, or remedy against lessee for possession, rent or damages, nor shall any omission by lessor to enforce any forfeiture, right or remedy to which lessor may be entitled be deemed a waiver by lessor of the right to enforce the performance of all terms and conditions of this lease by lessee. Lessee shall not allow any liens to attach to the building or premises as a result of its activities. Lessee shall indemnify Lessor from any claim, liability,damage, or loss occurring on the premises, arising out of any activity by Lessee, its agents or invitees, or resulting from Lessor's failure to comply with any terms of the Lease unless caused by Lessor's negligence or willful misconduct. In the event of any re-entry by lessor, lessor may lease or relet the premises in whole or in part to any tenant or tenants who may be satisfactory to lessor, for any duration, and for the best rent, terms and conditions as lessor may reasonably obtain. Lessor shall apply the rent received from any such tenant first to the cost of retaking and reletting the premises, including remodeling required to obtain any such tenant, and then to any arrears of rent and future rent payable under this lease and any other damages to which lessor may be entitled hereunder. Any property which lessee leaves on the premises after abandonment or expiration of the lease, or for more than ten days after any termination of the lease by landlord, shall be deemed to have been abandoned, and lessor may remove and sell the property at public or private sale as lessor sees fit, without being liable for any prosecution therefore or for damages by reason thereof, and the net proceeds of any such sale shall be applied toward the expenses of landlord and rent as aforesaid, and the balance of such amounts, if any, shall be held for and paid to the lessee. HOLDING OVER (21) In the event the lessee for any reason shall hold over after the expiration of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy at sufferance which may be terminated at will at any time by the lessor. ATTORNEY (22) FEES AND COURT COSTS In case suit or action is instituted to enforce compliance with any of the terms, covenants or conditions of this lease, or to collect the rental which may become due hereunder, or any portion thereof, the losing party agrees to pay the prevailing party's reasonable attorney fees incurred throughout such proceeding, including at trial, on appeal, and for post-judgment collection. The lessee agrees to pay and discharge all lessor's costs and expenses, including lessor's reasonable attomey's fees that shall arise from enforcing any provision or covenants of this lease even though no suit or action is instituted. Should the lessee be or become the debtor in any bankruptcy proceeding, voluntarily, involuntarily or otherwise, either during the period this lease is in effect or while there exists any outstanding obligation of the lessee created by this lease in favor of the lessor, the lessee agrees to pay the lessor's reasonable attorney fees and costs which the lessor may incur as the result of lessor's participation in such bankruptcy proceedings. It is understood and agreed by both parties that applicable federal bankruptcy law or rules of procedure may affect, alter,reduce or nullify the attorney fee and cost awards mentioned in the preceding sentence. WAIVER (23) Any waiver by the lessor of any breach of any covenant herein contained to be kept and performed by the lessee shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the lessor from declaring a forfeiture for any succeeding breach,either of the same condition or covenant or otherwise. NOTICES (24) Any notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given, shall be sufficient if in writing, contained in a sealed envelope, and sent first class mail, with postage fully prepaid, and if intended for the lessor herein, then if addressed to the lessor at Meldren W. Anderson Credit Shelter Trust, 11570 Pacific Hwy., City of Tigard, State of Oregon 97223 and if intended for the lessee, then if addressed to the lessee at 30980 Follett Lane, Hermiston, Oregon 97838. Any such notice shall be deemed conclusively to have been delivered to the addressee forty-eight hours after the deposit thereof in the U.S. Mail. HEIRS AND (25) ASSIGNS All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto shall extend to, inure to the benefit of and bind, as the circumstances may require, the heirs, successors, personal representatives and so far as this lease is assignable by the terms hereof, to the assigns of such parties. In construing this lease, it is understood that the lessor or the lessee may be more than one person; that if the context so requires, the singular pronoun shall be taken to mean and include the plural, and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. ATTACHMENTS (26) The following attachments are included in this lease: A. Rules and Regulations. SECURITY DEPOSIT(27) Advance payment of rent shall serve as Security Deposit. Lessor may apply the Security Deposit to pay the cost of performing any obligation which lessee fails to perform within the time required by this lease, but such application by lessor shall not waive lessor's other remedies nor be the exclusive remedy for lessee's default. If the Security Deposit is applied by lessor, lessee shall on demand pay the sum necessary to replenish the Security Deposit to its original amount. In no event will lessee have the right to apply any part of the Security Deposit to any rent or other sums due under this Lease. If lessee is not in default and returns the premises in the same condition as was leased, accounting for normal wear and tear, then lessor shall not be responsible for any additional payment toward associated costs. IN WITNESS WHEREOF, the parties have executed this lease on the day and year first hereinabove written: Michael Anderson, Trustee Demetri Ikonomou Meldren W.Anderson Credit Shelter Trust Date Date Craig Anderson, Trustee Date Meldren W.Anderson Credit Shelter Trust Jack Anderson, Trustee Date Meldren W.Anderson Credity Shelter Trust The publisher strongly recommends that both the lessor and the lessee become familiar with the Americans with Disabilities Act of 1990, Public Laws 101-336. The Act may impose certain duties and responsibilities upon either or both parties to this lease. These duties and responsibilities may include but not be limited to the removal of certain architectural barriers and ensuring that disabled persons are not denied the opportunity to benefit from the same goods and services as those available to persons without disabilities. Under the Act, prohibition against discrimination applies to any person who is the owner,operator,lessor,or lessee of a place of public accommodation. Rules & Regulations Lessee hereafter shall be referred to as Tenant and Lessor shall be referred to as Landlord: Landlord shall have the right to prescribe the weight of objects of excessive weight,and no object whose weight exceeds the lawful load for the area upon which it would stand shall be brought into or kept upon premises. If,in the judgment of Landlord,it is necessary to distribute the concentrated weight of any heavy object,the work involved in such distribution shall be done at the expense of the Lessee,also referred to as Tenant hereafter,and in such manner,as Landlord shall determine. Landlord may refuse admission to the premises to any person not producing identification satisfactory to Landlord. If Landlord issues identification passes,Tenant shall be responsible for all persons for whom it issues any such pass and shall be liable to landlord for all acts or omissions of such persons. Premises shall not be used for lodging or sleeping or for any immoral or illegal purpose. Nothing shall be done or permitted in any Tenant's premises,and nothing shall be brought into or kept in any Tenant's premises,which would impair or interfere with the electrical service,which,in the reasonable judgment of Landlord,might cause any such impairment or interference. No tenant,nor any tenant's contractors,employees,agents,visitors, invitees or licensees,shall at any time bring into or keep upon the premises or the Building any inflammable,combustible,explosive,environmentally hazardous or otherwise dangerous fluid,chemical or substance. No acids,vapors or other similar caustic materials shall be discharged or permitted to be discharged into the waste lines,of the premises. Each tenant shall be responsible for tenant's own refuse and recycling and will place the refuse and recycling in appropriate location as determined by landlord. No tenant shall cause or permit any unusual or objectionable odors to emanate from its premises,which would annoy other tenants or create a public or private nuisance. No noise,which,in the judgment of Landlord,might disturb other tenants, shall be made or permitted by any tenant. No pets are allowed on premises without Landlord's permission in advance. Tenant shall make no improvements or alterations to premises without Landlord's written consent,which shall not be unreasonably with held. All alterations shall be made in a good and workmanlike manner,and in compliance with applicable laws and codes. No exposed wiring shall be allowed. Landlord reserves the right to rescind,modify,alter or waive any rule or regulation at any time prescribed for the premises when, in its reasonable judgment,it deems it necessary,desirable or proper. Landlord shall not be responsible for the non-observance or violation by any Tenant of any of the rules and regulations at any time prescribed for the premises.