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DDR2010-00001
Cheryl Caines From: Sent: To: Cc: Subject: Attachments: Good morning, Cheryl. Dustin Johnson <DustinJ @cidainc.com> Wednesday, February 02, 2011 12:12 PM Cheryl Caines Mark VanDomelen FW: Tigard AutoStop 01 -24 -11 Site Plan Sketch.pdf My contractor on Tigard AutoStop, Don Rue, called and said he was put in contact with you regarding a planning site inspection tomorrow. As he probably told you, he is having trouble getting the building inspector to sign off due to ADA accessibility issues. Existing site grades do not lend well to current ADA guidelines, and the existing development before the 99Wand Greenburg Rd R.O.W. improvements had several ADA deficiencies. There was a bit of miscommunication along the way with regards to ADA upgrades, and the attached site plan sketch is where we landed with ADA barrier removal. Below is our correspondence with Mark regarding the attached plan. I'll be in later today to have Mark review a stamped site plan with the changes in the attached sketch, and will make sure you have a digital copy before the end of the day. Thanks, Cheryl. DUSTIN JOHNSON, RA PROJECT MANAGER LEED AP 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 r PHONE: 503.226.1285 X336 FAX: 503.226.1670 W W W.CIDAINC.COM AY hl i ECTURE*ENGINEERINC7+r=Lt-�. ♦ , + i"i <:jt6iviN From: Mark VanDomelen [mailto:markv @tigard - or.gov] Sent: Monday, January 24, 20114:49 PM To: Dustin Johnson Cc: Dan Nelson Subject: RE: Tigard AutoStop Hi Dustin, I think this will be the best option available given the existing terrain. Thank you for working this out. Mark VanDomelen Building Official City of Tigard markv @tigard- or.gov (503)718-2448 From: Dustin Johnson [mailto:Dustin] @cidainc.com] Sent: Monday, January 24, 2011 4:09 PM To: Dan Nelson Cc: Rick Bolen; Mark VanDomelen Subject: RE: Tigard AutoStop Dan, Attached is a modified site sketch based on Mark's comments below. Please let me know if you have any questions /comments. Looking for approval on this soon. Thanks, DLS1s PROJECT MANAGER LEED AP 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 PHONE: 503.226.1285 X336 FAX: 503.226.1670 WWW.CIDAINC.COM ARCHk EC i vi�46NUNIEE ♦ : hiv iii.. ♦ !MRIORDESIGN From: Mark VanDomelen [mailto:markv @tigard- or.gov] Sent: Monday, January 24, 2011 1:33 PM To: Dustin Johnson Cc: Dan Nelson; Rick Bolen Subject: RE: Tigard AutoStop Hi Dustin, I was thinking that the parking would be right along the building with striping just outside the parking space leading over to a straight on approach to the door. That would require a 90 degree turn in the access striping and the striping would project into the driveway. I'm not sure how you would park without blocking the drive way as shown. The other building proposal looks good. I will be out of the office tomorrow so please work with Dan on this. Dan's email is dann @tigard - or.gov Dan will be able to reach my by cell phone if need be. I will be in a meeting in Wilsonville all day. Thank you, Mark VanDomelen Building Official City of Tigard markv@tigard- or.gov (503)718 -2448 From: Dustin Johnson [mailto:DustinJ @cidainc.com] Sent: Thursday, January 20, 20114:22 PM To: Mark VanDomelen Subject: RE: Tigard AutoStop Mark, Per our conversation earlier, please see attached site plan sketch with upgrades in red. I'm looking for approval from you before finalizing and sending to the contractor. Thank you, Dt S Iv.11011v1%0N, I: PROJECT MANAGER LEED AP 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 i PHONE: 503.226.1285 X336 FAX: 503.226.1670 WWW.CIDAINC.COM ARCHRECTURE *ENGINEERWGOPLANNNGNNTERIOR DESIGN From: Dustin Johnson Sent: Thursday, January 20, 2011 1:48 PM To: 'markv @tigard - or.gov' Subject: Tigard AutoStop Mark, Per our conversation I'm sending you this message so you have my e-mail address. Thank you for looking into this issue. Best, DUSTI` .110111 \SON, RA PROJECT MANAGER LEED AP 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 PRon HONE: 503.226.1285 X336 FAX: 503.226.1670 W W W.CIDAINC.COM ARCH(TEMRE*ENGINEERING+PLANNING +INTERIOR DESIGN DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." CONDITIONS OF APPROVAL PRIOR TO BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Prior to issuance of building permits the applicant shall provide detailed plans for review and approval that show the height of the proposed mechanical equipment in relation to the parapet. A detailed plan shall be provided to show screening for e q uipment that exceeds the parapet height. M t+ -Set Carrie d e4 41 1 s hee -!- 2. Prior to the issuance of building permits the applicant shall provide information that shows glazing to be used has a visual transparency of 0.6 or higher. Me+ - Se e, Qac w -V- N64e•s 3. Prior to the issuance of building permits the applicant shall provide a revised landscape plan for review and approval indicatin how the L -1 landsca standards will be met. Mt+- Ste- LI PIan• We rt aK§d by bow C; bo� -;s♦ 4. Prior to issuance of building /site peits, the applicant shall submit p ns for review and approval that show the direction of flow and signage details for the one -way access drive. Mel -see she R 6 . 1 r A O. a• 5. A separate sign permit will be required for all new signage prior to installation. THIS APPROVAL ShALL BE VALID FOR 18 MONTHS FR THE EFFECTIVE DATE OF THIS DECISION. SECTION III. SITE AND PROPOSAL INFORMATI The site is a through lot bound by streets on three sides (Pacific Highway, Greenburg Road, and Center Street). The site and surrounding properties were rezoned from C -G (General Commercial) to MU -CBD (Mixed Use —Central Business District) in 2010 to create the Tigard Downtown District. Sub -areas were established within the downtown, and this site is located within the Highway 99W and Hall Boulevard Corridor. The area is developed with a wide variety of commercial uses including retail and personal services, along with single - family homes on SW Center Street The City of Tigard, Washington County and Oregon Department of Transportation are working together to improve the flow of traffic and safety at the adjacent intersection of Pacific Highway and Greenburg Road. Additional right -of -way required for the improvements has reduced the site from .92 acres to .78 acres. As part of this project, existing buildings and related parking are being impacted. The applicant is requesting to modify the buildings and other site improvements in response to these impacts. There are two existing buildings on the site (labeled as Tigard Exhaust building on the eastern half of the site and the car wash building on the western half). Greenburg Road will be widened and a portion of the Tigard Exhaust building will be removed. The applicant's proposal is to reduce the size of this building by 1,200 square feet and increase the car wash building by approximately 600 square feet The car wash building is currently vacant, and the displaced tenant from the Tigard Exhaust building, Brake Service Team, will be relocated here. Parking and landscaping along Greenburg and Pacific Highway will be relocated throughout the site. An existing solid waste /recyclable collection area near Greenburg Road will be relocated in a more centralized location. Because the proposal meets the threshold of a Track 1 Design Review Compliance Letter (Tigard Development Code Section 18.610.010.E), the application is being processed as a Type I procedure. DDR2010. "1 /TIGARD AU'T'O STOP PARTNERS DOWNTOWN DESIGN REVIEW PAGE 2 OF 13 ' -rr ^ ^ - � xonvlterk: tuI ccrricr,c( Ions • ons ► ons ► iurces g Design ?ering ntal Wms I About Carflar 1 Pro)ct Proftea I Contact L4 1611#14p You ere two Comm.n:lsl Hone 14SPO What's New This Week , What's New From Prior Weeks sletter ► es er Office Locator Chop a an office p0 March 00 "PO CENTURION'" RECEIVED Nominal JUL 15 2010 Total CITY , ,• k„I Cr TEGA Powel 9.9 (Tort) 150,000 (kW) Single•Paokape Rooftop Live -High Efficiency Gas Ho ilinglElectnc Cooling Units 2 to 25 Nominal Tons ARI CapacMy Ratings' I Phys"I !/X/ s7"i�t.C� y /�L1t�4tilU4t -- oe 09 12 14 • 7.5 Nominal Nat Cooling Total 8kt Capaelty, Capac Powel 9.9 (Tort) 150,000 (kW) 03 I 2,0 24,000 2.1 04 3.0 35,800 3.1 05 4.0 47,500 4.0 08 5.0 55.500 4-9 07 8.0 09,000 5.8 !/X/ s7"i�t.C� y /�L1t�4tilU4t -- oe 09 12 14 • 7.5 85,000 7A 8.5 102.000 9 A 10.0 119,000 9.9 12.5 150,000 13.2 �!1 BEER EERt t3ound Ratk►g IDLY" Weight Dimensions (ft4n) (dB) (Iam) Length Width Hight 14.0 11.4 75 774 7'-6• 5. 4 18• I V111-1/2" 14.0 11.7 73 788 T•81 5 4. X8. 112 14.1 12.0 72 901 7'•8 78.112` 14.0 12.0 78 921 7•4• 5 4- 3' 8112• • 12.0 12.5 78 90 13.3 981 1.217 r•8' 8' 8.9118` 5.5118` V 3.3118 3'8.112' 4 ' 4. - • • 122 -- 80 - 13.3 1.224 8' 8.111fi 6' 3.3f18 4 4.1118` 12.0 80 13.1 1,324 8' 8.9118' b' 3.3118` 4' 44118• 8' 8.9118' 11A 83 12.1 1.400 _. 3.3119' ._ 4' 4.1118' 18 15.0 180,000 15.8 /1A 84 12.1 2,100 9' r 4' _ _ -- - - _ __ _ __ _ 4.9118' 9.1N• 2.15118` 20 18.0 202,000 17.4 11,8 81.7 12.0 2,480 18' r 4'9-314' 4.711_8_` Mir 24 20A 238.000 20.5 11.8 84.8 12.0 2,588 18' r - -- - - - - 4.7118` 2.518` 28tt 25.0 297,000 27.1 - 11.0 84.8 12A 2,773 1111• r 2-51 9414' LEGEND: ASHRAE American Society of Healing, Refrigeration and AJr Condlllonhlg Engineers db dry bulb EER Energy Efficiency Rata IPLV integrated Part -Load Values SEER Seasonal Energy Efficiency Ratio wb wet bulb •At Condkbnhg and R•fripwrrlbn Maulu• TART does not requite EER radrtgs ter units with Capacity below 65,000 91uh ••IPLV values are calculated based on control contgurstlon T.CTL • 2 (2 Stage Y1) TTStt• 26 unit la not Meted with ARI, but it tasted to ARI Sl►ndards NOTES Tailed in secondaries, with ARIStanderdc 210•N (eirai 0312) end 30045 (sires 14.26) Retkpc ere net vakws. rea.clkV the e6ech of ckn4.lhg fen heart Refkps are toed on: Cooing Standen!. e0 r db. 67 r wb Indoor entarkv-sir sempwalure and 95 r db eln eM.rhg outdoor unit PLV Standard 60 r db, e7 r wb indoor erverhg -sir temperetum and 6o r db outdoor era.MP - 011 bmpenpne Al 48PO units see in compliance with ENERGY STAR• and ASHRAE 901 2001 E rergy Standard ter minimum SEER end EER mWirements Units tae rated in accordance with AI sound alandards 270 or 370 Carrier Corporator - A A4mb.r of Tina Unload TechnobgVs Corposik ram►y . Sack Symbd LrTX. Copyri9M 0 2010. Legal Notice, Prhncy Policy Page 1 of 1 Dustin Johnson From: Chad Burns [Chad.Burns @pgn.com] Sent: Wednesday, July 14, 2010 4:28 PM To: Dustin Johnson Cc: Tara Lund; Cheryl Caines; Todd Prager Subject: RE: Tree Species Approval for City of Tigard Building Permit Dustin, Crimson Sentry should work just fine at your proposed location for being a tree that should have very minimal impact on our overhead conductors. Crimson Sentry appears to mature at about 25' and I believe we have 45' poles here (5' in the ground, 40' above ground still leaves me with 15' clearance.) Thank you very much for keeping overhead utilites in mind and for planting responsibly. Thank you for keeping me in the loop ! From: Dustin Johnson [mailto:DustinJ @cidainc.com] Sent: Tuesday, July 13, 2010 3:53 PM To: Chad Burns Cc: Tara Lund; Cheryl Caines Subject: Tree Species Approval for City of Tigard Building Permit Good afternoon, Chad. I left a message on your voicemail earlier and thought I might try your e -mail as well. I have a project in for building permit at the City of Tigard which is just about ready to be released. Cheryl Caines in the planning department thought it would be a good idea for us to get your approval for the tree species we are proposing (Acer platenoides 'Crimson Sentry') for trees indicated to be planted at the SE corner of the property fronting HWY 99W. The trees at this location would be beneath PGE power lines. I have attached our landscape plan for your reference. Please review and respond at your earliest convenience. Thanks, Chad. DUSTIN JOHNSON, LI PROJECT MANAGER 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 PHONE: 503.226.1285 X336 FAX: 503.226.1670 WWW.CIDAINC.COM ARCHITECTURE IENGINEERING*PLANNINGN14TERIOR DESIGN 7/15/2010 LEGEND GL NEW GLAZED O.H. DOOR PANEL �A P "r CJ CONTROL JOINT -- SEE DETAIL 9 &10/A4.1 KEYNOTES O EXISTING MASONRY VENEER TO REMAIN. O EXISTING MASONRY TO REMAIN. � EXISTING STANDING SEAM METAL PANEL ROOFING TO REMAIN -- PROVIDE COST _ 3 O LINE ITEM TO PAINT EXISTING ROOFING TO MATCH NEW. O NOT USED. 0 STOREFRONT GLAZING SYSTEM TO REMAIN -- PROVIDE COST O EXISTING LINE ITEM TO REPLACE. O EXISTING WINDOW TO REMAIN. O EXISTING MASONRY COLUMN TO REMAIN. O EXISTING SHEET METAL COPING TO REMAIN. 0 NEW PRE- FINISHED STANDING SEAM METAL PANEL ROOFING TO MATCH O 9 10 EXISTING. __ COLOR AND TEXTURE TO MATCH EXISTING. NEW MASONRY VENEER „ 11 NEW 3'- 0 "X7' -0" HOLLOW METAL DOOR -- PAINT COLOR T.B.D.. - PA--W 12 O NEW LOCATION OF EXISTING OVERHEAD DOOR. �_O NEW OVERHEAD DOOR -- PAINT TO MATCH EXISTING. PROVIDE GLAZED 13 PANELS WHERE INDICATED. PROVIDE COST LINE ITEM FOR GLAZED Z 2 DOORS AS SHOWN AND ALTERNATIVE COST FOR NEW STOREFRONT. 14 NEW PRE - FINISHED SHEETMETAL COPING TO MATCH EXISTING. NOTE _ ALL NEW GLASS TO HAVE MAX. U FACTOR OF 0.37, MAX. SHADING COEFFICIENT OF 0.352 AND MINIMUM VISIBLE TRANSMITTANCE OF 0.6. PPG SOLARBAN 70XL (2) + CLEAR OR APPROVED. I t w o! z U U � tr 0 0- 0- w Q 0 0 w N 0 0 0 M � rn I N 0 0 Ln CD UD 0 0 0 N t) .s 15895 SW 72ND AVE SUITE 200 PORTLAND, OREGON 97224 T E L: 5 0 3 2 2 6 1 2 8 5 FAX: 503.226. 1 670 W W W C I D A I N C C 0 M M I N N 1 0) ly- 0 am z 0 O �_O Z 2 W Ld Q f (L O Q W 15895 SW 72ND AVE SUITE 200 PORTLAND, OREGON 97224 T E L: 5 0 3 2 2 6 1 2 8 5 FAX: 503.226. 1 670 W W W C I D A I N C C 0 M Community Development Request for Permit Action TO: CITY OF TIGARD Building Division Services Coordinator 13125 SW Hall Blvd., Tigard, OR 97223 Phone: 503.718.2430 Fax: 503.598.1960 www.tigard - or.gov FROM: ❑ Owner ❑ Applicant ❑ Contractor ® City Staff (check one) REFUND OR Name: INVOICE TO: (Business or Individual) Mailing Address: City /State /Zip: Phone No.: PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED ( ✓): t l v'i o 001 ® CANCEL PERMIT APPLICATION. ©2 10 ❑ REFUND PERMIT FEES (attach receipt, if available)." TO i ❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below). ❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). Permit # . ` Sl , address or Parcel # Project Name: 5 kfl Subdivision Name: �1 � � MIS2010 -00002 12035 # C & 12047 SW Pacific Auto Lot #: XPLANATION: Please void MIS case and transfer funds to DDR2010- 00001. MIS case created until DDR case, fees and workflow were created. Signature: Print Name: Kristie Peerman Date: 9/7/10 Refund Policy 1. The Director or Building Official may authorize the refund of: a) any fee which was erroneously paid or collected. b) not more than 80% of the land use application fee when an application is withdrawn or canceled before any review effort has been expended. C) not more than 80% of the land use application fee for issued permits. d) not more than 80% of the building plan review fee when an application is canceled before any plan review effort has been expended. e) not more than 80% of the building permit fee for issued permits prior to any inspection requests. 2. Refunds will be returned to the original Payer in the same method in which payment was rcceived. Please allow 1 -2 weeks for processing refunds. Rte to Sys Admin: Date F OR OFFICE By USE ONLY Rte to drain: Date B Refund Processed: Date /'1 Xeo B Invoice Processed: Date B Permit Canceled: Date /p B Parcel Ta Added: Date B Receipt # Jfjf Date p w Meth Amount t , L•\ Building\ oims \RegPemutAction.doc REV 07/26/07 it AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first dulysworn/affirm, on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: (Q-k?4,p Tii— B-(x)M — b NOTICE OF DECISION FOR DDR2010- 00001 /11GARD AUTO STOP PARTNERS (F& No. /Name Reference) AMENDEDNOTICE ® City of Tigard Planning Director STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the t ( 114 day of At4 all$ l OFFICIA:NO. AL SHIRLEY EAT (W NOTARY PUBLIREGON COMMISSION 418777 MY COMMISSION EXPIRES IL 2S, 2011 2010. AA ju-a NOTARY PUB1 OF OREGON My Commission Expires: 't 145 l A copy of the said notice being hereto attached, marked Exhibit "A" , and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B" , and by reference made a part hereof, on June 7, 2010, and deposited in the United States Mail on June 72010 postage prepaid. EXHIBIT-A... NOTICE OF TYPE I DECISION DOWNTOWN DESIGN REVIEW (DDR) 20 10- 00001 COMPLIANCE LETTER TIGARD AUTO STOP PARTNERS 120 DAYS = 09 -23 -2010 SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD AUTO STOP PARTNERS CASE NO.: Downtown Design Review (DDR) Compliance Letter DDR2010 -00001 PROPOSAL: The applicant is proposing to reduce one existing building on a .78 -acre site by approxnnately 1,200 square feet and increase a second existing building by 600 T are feet. Parking, landscaping and other site modifications are also proposed. All modifications are in response to a street project along Pacific I and Greenburg Road that has reduced the site size. APPLICANT: CIDA, Inc. OWNER Tigard Auto Stop Partners 15895 SW 72 ° Ave. 2829 Rucker Ave, # 100 Portland, OR 97224 Everett, WA 98201 LOCATIONS: 12035 and 12047 SW Pacific highway, WCTM 2S102AA, Tax Lot 1100 ZONING DESIGNATION: MU CBD: Mixed Use — Central Business District. The MU CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed -use, multi- family and attached single family residences are permitted. New develo ment and re- development is required to conform to the standards of Chapter 181610. SUB -AREA: Highway 99W and Hall Boulevard Corridor. This sub -area is intended to create a ` pulse- point" along the Highway 99W corridor. Located at the intersection of 99W and Hall Blvd., the area has the hi h traffic and visibility to draw potential retail customers from the re ion. It will also serve the potential for future high capacity transit in the corrior. The area will accommodate higher levels of vehicular circulation, while maintaining a pedestrian scale at the ground -floor level of buildings. It would allow development of mixed use and retail buildings that could vary in scale from one -story retail -only buildings, to mixed use buildings up to eight stories tall with retail on the ground floor and residential and /or office uses above. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.610, 18.705, 18.745, 18.755, 18.765, 18.780 and 18.795. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for Downtown Design Review subject to conditions of approval. The findings an conclusions on which the decision is based are noted in Sections IV and V. DDR2010- 00001 /TIGARD AUTO STOP PARTNERS DOWNTOWN DESIGN REVIEW PAGE 1 OF 13 CONDITIONS OF APPROVAL PRIOR TO BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Prior to issuance of buddm' permits the applicant shall provide detailed plans for review and approval that show the heig t of the proposed mechanical equipment in relation to the parapet. A detailed plan shall be provided to show screening for equipment that exceeds the parapet height. 2. Prior to the issuance of building permits the applicant shall provide information that shows glazing to be used has a visual transparency of 0.6 or higher. 3. Prior to the issuance of building pernits the applicant shall provide a revised landscape plan for review and approval indicating how the L -1 landscape standards will be met. 4. Prior to issuance of building /site permits, the applicant shall submit plans for review and approval that show the direction of flow and signage details for the one -way access drive. 5. A separate sign permit will be required for all new signage prior to installation. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. SITE AND PROPOSAL INFORMATION The site is a through lot bound by streets on three sides (Pacific Highway, Greenburg Road, and Center Street). The site and surrounding pro ertes were rezoned from GG (General Commercial) to MUCBD e Mixed Use — Central Business District in 2010 to create the Tig ard Downtown District. Sub -areas were stablished within the downtown, an this site is located within the Highway 99W and Hall Boulevard Corridor. The area is developed with a wide variety of commercial uses including retail and personal services, along with single -family homes on SW Center Street. The City of Tigard, Washington County and Oregon Department of Transportation are working together to improve the flow of traffic and safety at the adjacent intersection of Pacific Highway and Greenburg Road. Additional ri�hvof -way required for the improvements has reduced the site from .92 acres to .78 acres. As part of this project, existing buildings and related parking are being impacted. The applicant is requesting to modify the buildings and other site improvements in response to these impacts. There are two existing buildings on the site (labeled as Tigard Exhaust buildin on the eastern half of the site and the car wash build' on the western half). Greenburg Road will be widened and a portion of the Tigard Exhaust buildin will be removed. The applicant's proposal is to reduce the size of this building by 1,200 square feet and increase the car wash building by approxunately 600 square feet. The car was h building is currently vacant, and the displaced tenant from the Tigard Exhaust building, Brake Service Team, will be relocated here. Parkin and landscaping along Greenburg and Pacific Highway will be relocated throughout the site. An existing solid waste /recyclable collection area near Greenburg Road will be relocated in a more centralized location. Because the proposal meets the threshold of a Track 1 Design Review Compliance Letter (Tigard Development Code Section 18.610.0101), the application is being processed as a Type I procedure. DDR2010- 00001 /TIGARD AUTO STOP PARTNERS DOWNTOWN DESIGN REVIEW PAGE 2 OF 13 SECTION IV. ril'PLICABLE REVIEW CRITERIA AND FINDINGS A. Zonin Districts 18.510 Commercial Zoning istricts B. Tigard Downtown District Development and Design Standards 1.610 C. Additional Applicable Development Code Standards 18.705 Access Egress and Circulation) 18.745 Landscapin and Screening) 18.755 Mixed Solid-Waste and Recyclable Storage) 18.765 Off -Street Parking and Loading Requirements) 18.780 (signs) 18.795 Visual Clearance) A. ZONING DISTRICT Commercial Zoning District: Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the MU - CBD zoning district: Mixed Use - Central Business District. Uses: Section 18.520.030 (Table18.520.1- Use Table Commercial Zones) The existing use is Motor Vehicle Servicing /Repair, which is a conditional use in the MU C BD zone. The use was developed prior to this zoning, and was a permitted use in the previous GG (General Commercial) zoning. The use is now a Conditional Use. The use is not being expanded since the net square footage is less than the existing by about 600 square feet. B. TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS Expansion, modification and site improvements to existing development: An addition, expansion, enlargement, modification, and /or site improvements associate with such lawfully preexisting uses and structures shall be allowed, provided the application for such proposed project moves toward com fiance with the applicable Development Code standards. Only those Downtown Building any Site Design Standards applicable to the proposed expansion, modification or site improvements to the existing development shall be applicable. Because the proposal is a modification to existing buildings and site improvements, no ta t all design standards are applicable at this time. The applicable sndards are addressed below. The applicant has shown how the modifications either meet or more closely comply with the new standards whenever possible. If compliance is not possible, the applicant has addressed the constraints that restrict full or partial compliance. Section 18.610.010.D.1.a of the Tigard Development Code states that the Track 1 application process is for smaller building and site renovation projects which meet the threshold of Section 18.610.010.E.1. Thissproject meets the threshold of a Track 1 Design Review Compliance Letter because it includes modification of u to 15% of on -site landscaping with no reduction in required landscaping and modification of off-street parking with no reduction in required parking spaces or increase in paved area. DDR2010- 00001 /TIGARD AUTO STOP PARTNERS DOWNTOWN DESIGN REVIEW PAGE 3 OF 13 18.610.020 - BUILDING AND SITE DEVELOPMENT STANDARDS Table 18.610.1 MU -CBD Development Standards Matrix STANDARD 99W /HALL PROPOSED Front Setback Minimum 0/5 ft. N 8.5 ft. Maximum 25 ft. 65 ft. Side Facing Street on Corner and Through Lots - Minimum 0 ft. 20 ft. - Maximum N/A Sideyard - Minimum /maximum 0 ft. 42 ft. Rear Setback Minimum 5 ft. 45 ft. Maximum N/A Building Height Existing Minimum 20 ft. one -story Maximum (stories /feet) 3 stories (45 ft.) Ground floor height minimum 15 ft. Site Coverage Maximum 90% 84.3 %. Minimum Landscaping 10% 15.7% Minimum Building Frontage 50% 64% Residential Density N/A [ 11 ft for frontage on 99W As demonstrated in the table above, the proposal complies with the development standards where possible. Because this is an existing development, some standards (such as front yard maxunum setback) could not be fully satisfied. No chan ges are proposed to the setbacks, with the exception of a street side yard setback along Greenburg Road. Measurements were provided within the narrative or taken from the proposed site plan. Percentages are based on the square footages outlined on the plan cover sheet (CS1). Parking Location: Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50% of the total frontage of the site. Parking is set back a minimum of 10 feet from the front property line. When abutting a public street, parking areas must be behind a landscaped area constructed to an L -1 standard. - Where a parking lot shares a propert y line with an adjacent parking lot, the landscape requirement along the shared property line is not required. The applicant has proposed to modify on -site parking to accommodate the same number of existing parking spaces within the re mainin g site area after acquisition for street improvements. The small, trian gular shaped site has street frontage on all three sides making it difficult to locate parking on the side or rear of the building. Since the proposal is a modification of an existing building, not a newly constructed building, this standard does not apply. All three frontages are over 75 feet, so the applicant can chose the front property line. In this case, it is SW Pacific Highway. Parking along this street is set back at least 10 feet from the property line with the exception of two spaces. To provide a two-way drive aisle, the spaces cannot meet the 10 -foot standard. The applicant proposed a berm and landscaping to screen the parking areas, but this does not meet the L -1 standard. Since the L -1 standard is not defined in the Downtown chapter, the applicant was not sure of the requirements, which include trees. Discussions with the applicant's representative indicate that the applicant will revise the roposed plan to meet the L -1 standard. A condition of approval will ensure the standard is met. Sharelpi roperty lines are not adjacent to proposed parking areas, therefore screening is not required along these lines. DDR2010- 00001/TIGARD AIJTO STOP PARTNERS DOWNTOWN DESIGN REVIEW PAGE 4 OF 13 Cheryl Caines From: Cheryl Caines Sent: Tuesday, July 27, 2010 2:09 PM To: 'Dustin Johnson' Cc: Dan Nelson; Tara Lund Subject: RE: Tigard Auto Stop -- Existing Awning/ Revision to Building Permit Hi Dustin, I've reviewed the plans you sent over. I don't see any issues with this revision. It creates a stronger corner and the awnings are placed over openings. I'll put a copy in the land use file and let Building know I'm okay with the changes Please note that future revisions may require a new Downtown Design Review application. Let me know if you have questions. Cheryl From: Dustin Johnson [mailto:DustinJ @cidainc.com] Sent: Monday, July 26, 2010 11:44 AM To: Cheryl Caines Cc: Dan Nelson; Tara Lund Subject: Tigard Auto Stop -- Existing Awning/ Revision to Building Permit Hi, Cheryl. I just spoke to Dan Nelson in the building department regarding revising the building permit that was approved last week — Dan steered me in your direction to get your approval before we re- submit to him. When we originally submitted we were expecting Brake Team to relocate to the existing car wash building after the demolition of their tenant space in the Tigard Exhaust building, however, with Tigard Exhaust having recently vacated their tenant space, Brake Team will be taking over their tenant bay. To accommodate Brake Team's existing signage (which they are making improvements to and for which they will submit for a separate signage permit), we are proposing to add over -build framing to approximately 30' of the existing mansard roof on the south elevation, and raise the parapet height one foot at this location (as well as to approximately 30ft of the eastern parapet). These modifications will allow for Brake Team to utilize their existing signage and maintain the continuity of their storefront appearance. Attached are the new elevations of this area with the revisions clouded (A2.1 New), as well as the previously approved elevations for your reference (A2.1). Detailed information on the roof overbuild is also attached (A4.1 New). Please let me know if there is anything further you need for your approval /review or if you need hard copies Thanks, Cheryl, DUSTIN JOHNSON, LEE.D APR PROJECT MANAGER 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 PHONE: 503.226.1285 X336 FAx: 503.226.1670 W W W .CIDAINC. COM ARCHfTECTURE *ENGINEERING*PLANNINGNNTERK)R DESIGN 7 - , w ow 1--ul w (a) EAST ELEVATION a WEST ELEVATION (FOR REFERENCE) /a' = ,•-o' 2 SOUTH ELEVATION /e' = , - -D' GL NEW GLAZED O.H. DOOR PANEL IP NEW INSULATED PANEL TO MATCH EXISTING yCJ��COONNTR�OL JOINT 9\C 1 9 OMS O NEW PRE — FINISHED STANDING SEAM METAL PANEL SIDING TO MATCH EXISTING. O NEW MASONRY VENEER -- COLOR AND TEXTURE TO MATCH EXISTING. O NEW STOREFRONT GLAZING SYSTEM WITH EXTSDNG S- 0X7 -0' DOOR -- STOREFRONT FINISH TO MATCH EXISTING. SEE DETAIL 12/A4.1 FOR MORE INFO. O NEW INSULATED PANEL AT BOTTOM ROW OF STOREFRONT GLAZING SYSTEM PR TO MATCH EXISTING. O NEW E— FINISHED SHEETMETAL COPING TO MATCH EXISTING. O EXISTING FACE BRICK TO REMAIN. O EXISTING STANDING SEAM METAL PANEL ROOFING TO REMAIN. re O EXISTING STANDING SEAM METAL PANEL SIDING TO REMAIN. O EXISTING STOREFRONT GLAZING SYSTEM TO REMAIN. 10 EXISTING OVERHEAD DOOR TO REMAIN. 1 EXISTING SHEET METAL COPING TO REMAIN. 12 EXISTING HOLLOW METAL DOOR TO REMAIN. op w ow 1--ul w (a) EAST ELEVATION a WEST ELEVATION (FOR REFERENCE) /a' = ,•-o' 2 SOUTH ELEVATION /e' = , - -D' GL NEW GLAZED O.H. DOOR PANEL IP NEW INSULATED PANEL TO MATCH EXISTING yCJ��COONNTR�OL JOINT 9\C 1 9 OMS O NEW PRE — FINISHED STANDING SEAM METAL PANEL SIDING TO MATCH EXISTING. O NEW MASONRY VENEER -- COLOR AND TEXTURE TO MATCH EXISTING. O NEW STOREFRONT GLAZING SYSTEM WITH EXTSDNG S- 0X7 -0' DOOR -- STOREFRONT FINISH TO MATCH EXISTING. SEE DETAIL 12/A4.1 FOR MORE INFO. O NEW INSULATED PANEL AT BOTTOM ROW OF STOREFRONT GLAZING SYSTEM PR TO MATCH EXISTING. O NEW E— FINISHED SHEETMETAL COPING TO MATCH EXISTING. O EXISTING FACE BRICK TO REMAIN. O EXISTING STANDING SEAM METAL PANEL ROOFING TO REMAIN. re O EXISTING STANDING SEAM METAL PANEL SIDING TO REMAIN. O EXISTING STOREFRONT GLAZING SYSTEM TO REMAIN. 10 EXISTING OVERHEAD DOOR TO REMAIN. 1 EXISTING SHEET METAL COPING TO REMAIN. 12 EXISTING HOLLOW METAL DOOR TO REMAIN. TYA t. WO G ; p U I ��ec p o N N U 1399 r 72ND AVE 3 290 POR1LAR3. OREDOR T ,L' sD 3.x x 9.1. 1. . sD3.xx 9.13 xD .... U I D A I N C. C. N M N N M 01 1 A 9 O $Q =3 3 N U•) M O N ELEVATIONS A2.1 JOB N0, 100044.01 4 NORTH ELEVATION /H' = 1• -0' 2X8 JOIST AT 18' O NEW ROOFING MEMBRANE LAP OVER EXISTING 8' M SIMPSON HJ TIE AT EACH JOI EXISTING PARAPET REMAIN - REMOVE COPT EXISTING TRL SHEET PETAL COPING T.O.P. (VERIFY W/ TENANT) SURFACE — ATTACHED AWNING BY OTHERS EXISTING 08 DRAG STRUT TO REMAIN EXISTING 2X TRUSS EXISTING BATT INSULATION -- REPLACE AS NEEDED WITH MIN. R -19 1 /2' T&G PLYWOOD SIDING SHEET METAL FLASHING B.O. ': a ©al c� s +eeeD S. YfxO AA sort[ aoo Tc LT� •xo. oxeeox nee. as A.e ee.+eee r•.. eoa.:�e.+sTa r WALL SECTION AT NEW OVER ROOF 4 . 1/2' - 1' -o' MASONRY VENEER TO MATCH EXISRNG AIR SPACE BUILDING PAPER OVER 1/2' PLYWOOD SHEATHING 2X STUD WALL PER PLAN wmF80R FINISH TO MATCH EXSTING EXSTING CONCRETE SLAB ". Ila o' -o'., FIN. FLOOR NEW TURN —DOWN SUB PER 1/A3.1 t2 WALL SECTION AT NEW EXTERIOR WALL M N N n 01 4 Z o O W 0 � 3 Q 3 U U a a- 04 WALL SECTIONS A4.1 Joe .01 ®soaxw uewseme. EAST ELEVATION 7/8' - 1' -0' 1 a WEST ELEVATION FOR REFERENCE 2 SOUTH ELEVATION 1/8* - 1' -0' 1 e N SP c U U rl 8g pp U S � U N o 0 0 0 0 10028 SW 22ND AYE LNRE 200 •OfTLAf O, OfF60N 2122• ]0].2 f !.1200 I 1 4 rul P., .II r— M O N C = L R i_� CL NEW GLAZED O.H. DOOR PANEL IP NEW INSULATED PANEL TO LATCH EXISTING CJ CONTROL JOINT Q �MV M N N i� 4 o Z O O O O NEW MASONRY VENEER -- COLOR AND TEXTURE TO MATCH EXISTING. g$IL IXSTING STOREFRONT GLAZING SYSTEM TO REMAIN. o NEW STOREFRONT GLAZING SYSTEM WITH EXISTING 3'- D'X7' -0' DOOR I 1 4 rul P., .II r— M O N C = L R i_� CL NEW GLAZED O.H. DOOR PANEL IP NEW INSULATED PANEL TO LATCH EXISTING CJ CONTROL JOINT Q �MV IP INSULATED PANEL (MA EXISTING) T TEMPERED GLAZING SP SPANDREL GLAZING 1 ELEVATION AT NEW 3/8 - 1' -0 ELEVATIONS A2.1 JOB NO. 100044.01 ®1n aw N:,ENE u NNIN6 ®� 4 NORTH ELEVATION PRE- FINSHED STANDING SEMI METAL PANEL SIDING TO MATCH O EXISTING STANDING SEAM METAL PANEL SIDING TO REMAIN. O NEW EXISTING. O NEW MASONRY VENEER -- COLOR AND TEXTURE TO MATCH EXISTING. O IXSTING STOREFRONT GLAZING SYSTEM TO REMAIN. O j NEW STOREFRONT GLAZING SYSTEM WITH EXISTING 3'- D'X7' -0' DOOR ,O EXISTING OVERHEAD DOOR TO REMAIN. - STOREFRONT FINISH TO MATCH EXISTING. SEE DETAIL 12/A2.1 FOR MORE INFO. EXISTING SHEET METAL COPING T REMAIN. RO NEW INSULATED MATCH ANEE L AT OTTOM ROW OF STOREFRONT GLAZING 12 �0 Q IXISTNG LLOW MET PRE- FlNtSHED SHEETMETAL COPING TO MATCH EXISTING. O NEW 77 NEW AWNMG (BY OTHERS) -- SEE DETAIL 11 /AX.1 FOR ROOF O EXISTING 6 FACE BRICK TO REMAIN. OJERBUILD WHERE OCCURS. O EXISTING STANDING SEAM METAL PANEL ROWING TO REMAIN. IP INSULATED PANEL (MA EXISTING) T TEMPERED GLAZING SP SPANDREL GLAZING 1 ELEVATION AT NEW 3/8 - 1' -0 ELEVATIONS A2.1 JOB NO. 100044.01 ®1n aw N:,ENE u NNIN6 ®� 4 NORTH ELEVATION Cheryl Caines From: Sent: Cc: Subject: Attachments: Tara Lund [TARAL @cidainc.com] Thursday, June 03, 2010 3:02 PM Cheryl Caines Mike McCarthy RE: Tigard Auto Stop Cover Sheet. pdf RECEIVED , o 3 201 Thank you Cheryl, CITY OF TIGARD F'LRIVMIttc^1r;,,r INEMK,G We have (hopefully) answered your questions below. Please let me know if you have any concerns. Thank -you, TAR.4 W. Lc: -'D, AV VICE PRESIDENT ^- SR. PROJECT MANAGER 16 15895 SW 72ND AVE., SUITE 200 PORTLAND, OREGON 97224 PHONE: 503.226.1285 x338 FAH: 503.226.1670 Larul a. cid ainc. com www.cidainc.com ,4 R(- IIITECTL'RE- ENGINEERING- PL.4,.V IVI,VG- INTERIORS From: Cheryl Caines [mailto:cherylc @tigard - or.gov] Sent: Thursday, June 03, 2010 10:36 AM To: Tara Lund Cc: Mike McCarthy Subject: Tigard Auto Stop Ta ra, I have the following questions on the Tigard Auto Stop Partners application: 1. What is the new site size? Please show calculations for landscaping, site coverage, and building frontage percentages. Please see attached cover sheet. 2. According to 18.765.040.J the landscaping percentage cannot include the front 3 feet of the parking stalls. Does it? This section has been noted. The 15.4% landscaping does not include this area. 3. L -1 landscaping standards are found in 18.620 and 18.630. These standards require trees in the area between the street and parking. Is the applicant is concerned about visibility? If so, our arborist is always willing to work with applicants to find trees that work. Todd Prager can be reached at (503) 718 -2700. Yes, the owner is concerned about visibility. Since the L -1 standards are in a non - applicable section of the code, we did not realize that additional trees will be required. We will work with Todd to select a species. 4. Rooftop Equipment: How far from the edge will it be located? How tall is it? Details on screen (height, materials). Existing roof is built with approx. 4' high mechanical well (roof surface is approx. 4' below top of parapet). The units will be set back a minimum of S from the edge of the building. Height of new mechanical units are not yet determined, however we do not expect them to exceed 4' in height. 5. Access to Center Street: what are the changes? All by the street project? Is it being widened? According to the WH Pacific survey, the existing driveway extends approx. 17' beyond the site's new property lines and into the future right -of way. The existing driveway width is 40'. The new driveway width is mistakenly indicated on the site plan to be 24' (we intend to maintain a 30' wide driveway, per code). At the 30' width, the west edge of the new driveway will be approx. T west of the old driveway. 6. Trash enclosure: concrete blocks not permitted. What type of masonry wall is proposed for the enclosure? We will substitute structural clay masonry units for the proposed concrete masonry at the trash enclosure. 7. Striping /signage for 1 way drive aisle. What is being provided to ensure people know which direction to drive? Our building permit application will include arrow striping indicating directional flow of traffic. Additional signage can be provided as required. 8. Will the bike rack be secured to the ground? It only makes sense, but I thought I would just ask rather than conditioning a detail. Yes, the rack will be mechanically fastened to the slab with anchor bolts at one ended and embedded in the slab /ground at the other end. The plan shows 21 parking spaces, but the maximum is 20. Per code section 18.765.070.E.1.d "Exceptions to Maximum Parking Standards ", we did not include the (1) ADA stall in the maximum parking calculation. Some of these issues can easily be handled with conditions of approval, but I wanted to give you the chance to respond first. Please let me know if you have any questions. Cheryl Caines Associate Planner City of Tigard (503) 718 -2437 DISCLAIMER: E -mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E -mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." RECEIVEC JUN 0 3 2 410 TIGARD AUTO STOP BREAK TEAM CITY OF � bN�lrA�,,,r -a TI�;gRD TIGARD, OR TIGARD AUTO STOP PARTNERS OWNER 2829 RUCKER AVE, #100 EVERETT, WASHINGTON 98201 CONTACT: JILL GELINEAU (OWNER'S REPRESENTATIVE) TELEPHONE: (503) 796 -2887 CIDA, INC. ARCHITECT 15895 SW 72ND AVE, SUITE 200 PORTLAND, OREGON 97224 TELEPHONE: 503 - 226 -1285 FAX: 503 - 226 -1670 JOSEPH HUGHES CONSTRUCTION CONTRACTOR 11125 SW BARBUR BLVD PORTLAND, OREGON 97219 TELEPHONE: 503 - 624 -7100 CCB #: ■■�■■■■■■■■■■■■■■■■■ ■oo■ ■■ ■1■■■ ■1■■■ ■ ■ ■1 ■ ■■■ ■ ■■■ MEME ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■ ■■1■ ■1■■ ■1■■■■■■ ■■1■ ■■■■■■■■■■■■■■■■■■■■ ■o■■ ■■■■■■■■■■■■■■■■■■■ ■■o■■ ■■■■■■■■■■■■■■■■■■ ■■■o■■ , ■■■■■■■■ ■ ■ ■■■ ■ ■■ ■■ ■■■o■■� ■■■1■■■■■■■■■■■1■■■■■o■■� ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■ ■ ■ ■ ■■ ■ ■ ■■■■ ■1111■ ■■■■■i■■■■■■■■■■■ ■■■■o■■ 1111 ■ ■ ■■1 ■ ■ ■ ■■■■ ■ ■■■■o ■■ ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■■■■■ ■1111■ ■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■ ■■■■■ ■■■■■■■■■■■■■■■■ ■■ ■■■■■■■■■■■■■■■■■ ■■ ■1■ ■■■ ■ ■■■ ■■ ■1■■■■■■■■ 3 CA M N N n LEGAL DESCRIPTION TAX LOT: 11 DO TAX MAP: 25- 1 -02AA ZONING CODE INFORMATION ZONING DESIGNATION: MU -C8D (MIXED -USE CENTRAL BUSINESS DISTRICT) SUB AREA ZONING DESIGNATION: 99H (99W /WILL CORRIDOR) VEHICULAR PARKING: EXISTING PARKING (TO BE RE- STRIPED): 20 STALLS REWIRED PARKING (MOTOR VEHICLE SERVICING /REPAIR, CDC TABLE 18.765.2): 2.0/1,000 SO. FT. - (18 STALLS x .75) 14 STALLS PROVIDED PARKING (INCLUDING RE- STRIPING OF EXISTING STALLS): STANDARD: 11 STALLS (1 H.C. ACCESSIBLE) COMPACT (50% MAX ALLOWED): 10 STALLS (47 %) BICYCLE PARKING: BICYCLE SPACES REQUITED: 2 SPACES BICYCLE SPACES PROVIDED: 2 SPACES SOLID WASTE AND RECYCLING: TRASH ENCLOSURE REWIRED: 44 SF TRASH ENCLOSURE PROVIDED: 45 SF SITE AREA .78 ACRES (33,985 SF) LANDSCAPING: LANDSCAPING REQUIRED: 10 % (3,400 SF) LANDSCAPING PROVIDED: 15.7 % (5,329 SF) IMPERVIOUS AREA BUILDING FOOTPRINT: 8,600 SF (TIGARD EXH4UST: 5,600 SF BREAK TEAM: 3,000 SF) PAVING: 20,056 SF SITE COVERAGE (90% MAX ALLOWED): 28,656 SF (84.3%) BUILDING CODE INFORMATION DESIGN CODE: 2007 OSSC BUILDING USE CLASSIFICATION: B CONSTRUCTION TYPE: V -B BUILDING AREA ALLOWED: 9,000 SF (BASED ON 'B' OCCUPANCY, TABLE 503 OSSC) ACTUAL: EXISTING: 1,800 SF NEW: 1,200 SF TOTAL: 3,OD0 SF (ACRIAL BUILDING AREA IS WITHIN TABULATED AREA UMOS INDICATED IN TABLE 503. OSSC -- AREA MODFIOATIONS ARE NOT CALCULATED) PROJECT DESCRIPTION THE SCOPE OF WORK FOR THIS PROJECT INCLUDES THE ADDITION AND ENCLOSEMENT OF APPROXIMATELY 1,200 SF OF NEW BUILDING AREA TO THE EXISTING WCANT CAR WASH FACILITY, AS WELL AS INTERIOR IMPROVEMENTS OF THE OFFICE /RECEPTION AREA SITE IMPROVEMENTS RELATED TO THIS ALTERATION / ADDITION AS WELL AS SITE IMPROVEMENTS ASSOCIATED WITH THE LAND ACQUISITION FOR THE PUBLIC RIGHT -OF -WAY WIDENING OF SW GREENBURG ROAD AND SW PACIFIC HWY, INCLUDING NEW PAVING, LANDSCAPING, PARKING STRIPING, BICYCLE PARKING AND NEW WASTE ENCLOSURE, ARE ALSO INCLUDED IN THE SCOPE OF WORK UNDER THIS APPLICATION. DEFERRED S UBMITTALS MECHANICAL ELECTRICAL NORTH i VICINITY MAP NO SCALE O ° 0 w r 0: O O 00 Q j K "a 3 Z U = z Y a Q 0 CL N M O N COVER SHEET CS1 JOB NO 100044.01 Cheryl Caines From: Tara Lund [TARAL @cidainc.com] Sent: Thursday, June 03, 2010 5:01 PM To: Cheryl Caines Cc: Mike McCarthy; Dustin Johnson Subject: RE: Tigard Auto Stop Hi Cheryl, I think it's okay for you to condition for the trees. I spoke to Todd and am planning on calling out Crimson Sentry Norway Maples. We will have that on the plans tomorrow, if you want, Dustin can send you an updated plan. On the driveway, it is my understanding that it is part of the street project, based on our discussion with Washington County at the site. Thanks, T4 RA W. LUNY, A 1 VICE PRESIDENT —SR. PROJECT MANAGER 06 15895 SW 72ND AvE., SUITE 200 PORTLAND, OREGON 97224 PHONE: 503.226.1285 x338 FAx: 503.226.1670 taralia';cidainc. coil www.cidaine.com 4 RCIIITECTURE- ENGINEERING- PI..4NNING- INTERIORS From: Cheryl Caines [mailto:cherylc @ tgard - or.gov] Sent: Thursday, June 03, 2010 4:55 PM To: Tara Lund Cc: Mike McCarthy Subject: RE: Tigard Auto Stop Thanks Tara, that is very helpful. Just two last questions: - Do you want to me to condition for the trees? - Is the drive on Center being done as part of the street project or by the property owner? That's it. Cheryl From: Tara Lund [mailto:TARAL @cidainc.com] Sent: Thursday, June 03, 2010 3:02 PM To: Cheryl Caines Cc: Mike McCarthy Subject: RE: Tigard Auto Stop Thank you Cheryl, TIGARD City of Tigard Memorandum To: Cheryl Caines From: Todd Prager Re: Tigard Auto Shop Date: May 25, 2010 As you requested I have provided comments on the "Tigard Auto Shop" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.610.020 Building and Site Development Standards B. Development Standards. Development Standards apply to all new development in the MU- CBD zone, including developments utilizing the Track 3 approval process. Variances or Adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. 2. Parking Location: C. When abutting a public street, parking areas must be behind a landscaped area constructed to an L -1 standard. The L -1 landscaping standard refers to the L -1 standards in the existing Community Plan Areas (Chapter 18.620, 18.630, and 18.640). The L -1 standards are excerpted below. L L -1 Low Screen. For general landscaping oflandscaped and screened areas within parking lots and along local collectors and local streets, planting standards of Chapter 18.745 Landscaping and Screening, shall apply. In addition the L -1 standard applies to setbacks on major and minor arterials, and where parking lots abut public streets. Where the setback is a minimum of feet between the parking lot and a street, trees shall be planted at 3 inch caliper, at a maximum of28 feet on center. Shrubs shall be of variety that will provide a 3 foot high screen and a 90% opacity within one year. Groundcover plants must fully cover the remainder oflandscape area within two years. These standards have not been met within the setbacks between the parking lot and sidewalks along the Pacific Highway and Greenburg Road frontages. Specifically, 3 '/z inch caliper trees are required spaced 28 feet on center. 18.745.030 General Provisions E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and This standard has been met. The developer has proposed methods to preserve existing vegetation along the perimeter of the site during construction. 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). This standard has been met. Major vegetation has been noted on the landscape plan to be protected with fencing. 18.745.040 Street Trees Not applicable. Street trees will be installed by the City. 18.745.050 Buffering and Screening A. General provisions. 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.74.5. 09O.B. 8 and 18.745.050.D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time ofplanting. Spacing for trees shall be as follows: (1) Small or narrow - stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium -sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. Buffering standards are not applicable. E. Screening: special provisions. 1. Screening and landscaping ofparking and loading areas: a. Screening ofparking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use oflandscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off - street parking areas from the public right -of -way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. This requirement has not been met. As noted above, the L -1 landscaping standards have not been met. The additional required trees along the Pacific Highway and Greenburg frontages may be used to meet the parking lot canopy requirements. I recommend two additional trees within the interior parking /landscape area in order to maximize the canopy effect over the parking lot. CONDITIONS OF APPROVAL Parking Lot Screening Trees These standards have not been met within the setbacks between the parking lot and sidewalks along the Pacific Highway and Greenburg Road frontages. Specifically, 3 1 /a inch caliper trees are required spaced 28 feet on center. I recommend two additional trees within the interior parking /landscape area in order to maximize the canopy effect over the parking lot. City of Tigard Downtown Design Compliance Letter - GENERAL INFORMATION REC'EIVED MAY 1 9 2010 Review CITY OF TIGARD PLAh1NI /Ei`,sGI "vt EERINIG Type I Application In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a discussion indicating how other requirements of this title are still satisfied. These requirements include but are not limited to: access, landscaping and screening, waste and recyclable storage, parking, sensitive lands, signs, tree removal, vision clearance, and streets and utilities. Please see section 18.610.035 of the Tigard Development Code for a complete list. Property Address /Location(s): 0 (f--) ' I)-C`t SLA.'D Pkc -kP(C- 1- k— , -C 4� y Q- Tax Map & Tax Lot #(s): P� c7 Site Size: - b Applicant *: C t D,4 , Address: 15 e5 Sc--) 7a' Are City/State: ° ���+ �`9 0,2- Zip: Primary Contact: 'T L, tJD Phone: 605 - 1 -2cv - t Z- e'S Tax: E-Mail: tt -L'r —1 Q v+�L. Property Owner /Deed Holder(s) *: (Attach list i more than one ;� 33936 5` i u`ta 4t'a P�r`fiNer�s' Address: Roal w * , Ame,, X 100 Phone: L t�� City/State: g✓er WA 1W Zip: 1W * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. _Track 1: Design Review Compliance Letter A Design Compliance Letter provides for a Type I review process, using the clear and objective Design Standards. It is intended for smaller buildings and site renovation projects, which meet the threshold of 18.610.010.E.1. Applicant's Statement /Narrative: The applicant's statement must include a summary of the proposed changes. Applicable criteria and design standards in 18.610 must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. REOUIRED SUBMITTAL ELEMENTS (Applications will not be accepted without the following required submittal elements) ❑ Application Form ❑ Owner's Signature /Written Authorization ❑ Title Transfer Instrument or Deed ❑ Site Plan (4 Large Plans & 1 Reduced to 8' /z" a 11 ") ❑ Applicant's Statement /Narrative (4 copies) ❑ Filing Fee $579.00 FOR STAFF USE ONLY Case No.(s): Other Case No.(s): Receipt No.: Date: Application Accepted By: 1�9 Date Determined Complet Revistd: 16- Apt -10 I: \C:URP1.N \Mastc City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -639 -4171 1 www.tigard- or.gov I Page 1 of2 +. To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANTS) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this PL Applicant /Authorized Agent's Signature Owner's Signature day of ! t A ,20/0 A" 53 Awe wner's Signature �j �m e4 �vt..4 Qg AW.I %�' Owner's Signature Owner's Signature Owner's Signature City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 1 www.tigard- or.gov I Page 2 oft CITY OF TIGARD 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 RECEIPT Receipt Number: 178188 - 06/04/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MIS2010 -00002 Misc Fee 1003100 -43130 $579.00 Total: $579.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 024026 KPEERMAN 06/04/2010 $579.00 Payor: CIDA, Inc Total Paym $579.00 Balance Due: $0.00 Page 1 of 1 ti v RECEIVE WASHINGTON COUNT' OREGON CITY Or TIGARD April 22, 2010 Schwabe, Williamson & Wyatt Attn: Keith S. Benjamin 1211 SW 5th Ave, Ste 1900 Portland, OR 97204 File: 01 Name: Tigard Auto Stop Section: Hwy 99 /Main St Roadway: Greenburg Rd Project #: 2228 -32.0 FAP #: N/A RE: Preliminary Title Report for Tigard Auto Stop Property Keith - Enclosed is a complete copy of the Preliminary Title Report for the Tigard Auto Stop property (2S102AA- 01100). Thank you, ti { -Tara Heesacke� Right -of -Way Agent Department of Land Use & Transportation • Capital Project Management Division Right -of -Way Section 1400 SW Walnut Street, MS 18, Hillsboro, OR 97123 -5625 phone: (503) 846 -7870 • fax: (503) 846 -7810 Chicago Title Insurance Company of Oregon (*W) 8585 SW Cascade Avenue, Suite 200 Beaverton, OR 97008 ® (503)646 -4444 FAX (503 )469 -4198 October 19, 2009 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Attn: Diane M. Jelderks Reference: 2S 102AA 01100. , y � ►oag� -0 if 00 Order No.: 472509474489TO -CTOR We have enclosed 1 copy(s) of the Preliminary Report and 1 copy(s) of the exceptions for our Order Number 472509474489TO -CTOR. Please call us immediately if you have any question's or concerns. Michael Murdoch Title Officer Chicago Title Insurance Company of Oregon received in RQ1N 1 2—IIIOVI FDOR0409.rdw Chicago Title Insurance Company of Oregon STATUS OF RECORD TITLE REPORT 8585 SW Cascade Avenue, Suite 200, Beaverton, OR 97008 (503)646 -4444 FAX (503)469 -4198 October 20, 2009 TO: City of Tigard Attn: Diane M. Jelderks 13125 SW Hall Blvd. Tigard, OR 97223 Title Number: 472509474489TO -CTOR Regarding: Tigard Auto Stop Partners / 2S 102AA 01100 Property Address: 12035 (A, B & C) and 12047 SW Pacific Hwy. Tigard, Oregon County: Washington DATED AS OF: October 14, 2009, 08:00 -AM PROPERTY We have searched our Tract Indices as to the following described real property: See Exhibit A Attached Hereto VESTING Tigard Auto Stop Partners, a Washington general partnership RECORDED INFORMATION Said property is subject to the following on record matter(s): 1. Property Taxes are as follows: Fiscal Year: 2009 -2010 Amount: $22,709.64, plus interest, if any Levy Code: 023 -75 Account No.: R460245 Map No.: 2S12AA -- 01100 2. City Liens, if any, in favor of the City of Tigard. 3. Rights of the public to any portion of the Land lying within the area commonly known as SW Greenburg Road. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Portland General Electric Company, an Oregon corporation Purpose: Electric power lines and appurtenances and rights incidental thereto Recording Date: July 15, 1986 Recording No: 86031007 Affects: A strip of land 7 feet in width, exact location cannot be determined STATUS OF RECORD TITLE REPORT FDOR0546.rdw S'i H ('US OF RECORD TITLE REPOR i (Continued) Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Portland General Electric Company, an Oregon corporation Purpose: Electric power lines and appurtenances and rights incidental thereto Recording Date: July 15, 1986 Recording No: 86031016 Affects: A strip of land 6 feet in width along the northwesterly property line of the subject property Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Tigard Purpose: Public utilities Recording Date: September 28, 1990 Recording No: 90 -54036 Affects: The most northerly portion of the subject property An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: March 17, 1998 Recording No: 98025781 Lease Date: May 1 1986 Lessor: Granmore, Inc. Lessee: Dennis C. Thompson successor in interest to Dennis C. and Lynne M. Thompson Also disclosed by the document Entitled: Release of Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: December 16, 2003 Recording No: 2003 - 206233 An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: March 17, 1998 Recording No: 98025779 Lease Date: June 2, 1986 Lessor: Granmore, Inc. Lessee: Speedy Auto Glass, Inc. Also disclosed by the document Entitled: Release of Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: December 16, 2003 Recording No: 2003 - 206232 STATUS OF RECORD TITLE REPORT FDORe546.rdw S'i PATUS OF RECORD TITLE REPOR I (Continued) 9. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: March 17, 1998 Recording No: 98025780 Lease Date: July 28, 1986 Lessor: Granmore, Inc. Lessee: Jack D. Bischoff and Tracy A. Bischoff, and assigned October 24, 1994 to Timothy D. Allison dba Tigard Exhaust Service Also disclosed by the document Entitled: Release of Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: December 16, 2003 Recording No: 2003 - 206231 10. A deed of trust to secure an indebtedness in the amount shown below, Amount: $505,350.00 Dated: January 1, 1998 Trustor /Grantor. Tigard Auto Stop Partners, a Washington general partnership Trustee: Wells Fargo Bank (Arizona), National Association Beneficiary: Wells Fargo Bank, National Association Loan No.: 03835 Recording Date: February 3, 1998 Recording No: 98009771 11. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Subordination, Non - Disturbance, Attornment and Estoppel Agreement Recording Date: March 17, 1998 Recording No: 98025778 Lease Date: January 28, 1986 Lessor: Granmore, Inc. Lessee: Precision Tune Auto Care, Inc. THIS REPORT IS TO BE UTILIZED FOR INFORMATION ONLY. Any use of this report as a basis for transferring, encumbering or foreclosing the real property described will require payment in an amount equivalent to applicable title insurance premium as required by the rating schedule on file with the Oregon Insurance Division. The liability for Chicago Title Insurance Company of Oregon is limited to the addressee and shall not exceed the $400.00 paid hereunder. Chicago Title Insurance Company of Oregon Michael Murdoch michael.mut STATUS OF RECORD TITLE REPORT FDOR0546.rdw Order No.: 472509474489TO -CTOR EXHIBIT "A" PARCEL I: Lot 1 and a portion of Lot 2, Block 1, KINGSTON, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the most Northerly corner of said Lot 2; thence South 46 °05' East along the Northeasterly line thereof 25 feet; thence South 45 °30' West along a line parallel to the Northwesterly line of said lot, 100 feet to a point on the Southwesterly line thereof; thence North 46 *05' West along the Southwesterly line thereof, 25 feet to the most Westerly corner of said lot; thence along the Northwesterly line of said lot, 100 feet to the place of beginning. PARCEL II: Lot 2, Block 1, KINGSTON, in the City of Tigard, County of Washington and State of Oregon, EXCEPTING THEREFROM that portion thereof conveyed to Mathias Nick Herberholz, et ux by deed recorded April 11, 1951 in Book 319, Page 187, Records of Washington County, Oregon PARCEL III: Lots 3, 4, 5, 6, 7, 28, 29, 30, 31 and 32, Block 1, KINGSTON, in the City of Tigard, County of Washington and State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State Highway Commission, by warranty deeds recorded August 9, 1939, in Book 182, Page 341, and also recorded September 14, 1939, in Book 183, Page 461, Deed Records. FDOR0553.rdw The Title Group 8585 Cascade Ave, 4200 Beaverton, OR 97008 Phone - 503.646.4444 Fax - 503.469.4197 Map # 2SJ 02AA 01. The drawing below is copied from the public records and is provided solely for the purpose of assisting in locating the premises. The Tide Group assumes no liability for variations. ifany. in dimensions. area or location of the premises or the location of improvements ascertained by actual survey. N W E S /1 g too \ 1200 ' t' t .; y ' ,, 7 '48 AC, , 9$'AC X 22 A / ` 9�� Ao ' CORNER / '18135 S Tut 11z i 1300 } f L ICKLIN Dlc 54 1 0 !• OHN � •{ ,•34 AC J a' V { j i� 1400 m -, t .� 1ssvg 0 . sloe .23 AC \ 1600 o s 31AC � �\ \ � \ b ° o° 7 A ` H 3 32 CH N. 1,31 AC b e ° cS� \ 4 \2 ACS 31 9 \N U GEORGE R �� 1 � \ 5 \ � 6 29 \ n b °CP / \ / 22 8 '/\ \ 905 `w .37 AC \ \ \ 25 \ 24 3 8966 21.Z$ 23 510 = A•39o3 \ \ a1 0 s% m R \ 52Z5p� _ �Ifrf� 943 L--) 21 ' I!!! 2 °s 44 AC 5 300 _ �!!r! fi 41 Mr 2301 Ire ,45 AC !!I 2302 IIIlI! 906 I! 2 •�:+,� 1 r,,t 1 f f ,� 1 1 Irl '�;�L►� +N Noe 8 60598Z? ' 1 AFTER RECORDItiG MAIL TOi Until a change to requested, all tax statements shell be ' Jeffrey L. Pewe sent to the following addreeal 58th Floor, Columbia Center 701 Fifth Avenue Tigard Auto Stop Partners Seattle, Washington 98104 3201 Fairview Avenue East Seattle, Washington 98102 WARRANTY DEED K 1 LANSDOWNE, INC., a Texas Corporation, as "Grantor," for and in consideration of One Million Two Hundred Twenty Three I and no /100* Dollars ($1,223,000.00), in hand paid, conveys and warrants to TIGARD AUTO STOP PARTNERS, a Washington ` general partnership, as "Grantee," the real estate situated in Washington County, Oregon, which is legally described in Exhibit A attached hereto, together with all rights, privi- leges and appurtenances thereto and all improvements thereon (the "Property "). SUBJECT TO the following: 1. An easement recorded on July 15, 1986 under Fee + 4 No. 86031007 for an electric power line; 2. An easement recorded on July 15, 1986 under Fee No. 86031016 for an electric power line; ;y 3. The lien of general real property taxes for the last two - thirds of the 1986 -97 tax year, and for all sub- sequent years; and �. 4. Existing tenancies as described in a written Assignment of Leases effective as of December y 1986 I between Grantor and Grantee. COVENANT AGAINST COMPETITION As additional consideration for the Payments made to y Grantor by Grantee in a collateral transaction related to the above conveyance, Grantor hereby covenants and agrees not to participate directly or indirectly in the planning, 1 construction, ownership or operation of improvements of the type now located on the Property within a radius of three .,, �*. FA 10 arr 1. fit'• • .�.,�;�� f::�;.,;:: ... .. : �' }='fit +?Ff v, miles of the Property for a period of one year aft the data of this conveyance. DATED this day of Dooember, 1986. LANSDOWNE, By R.E. Beaun-s, vice P 0 3 •clp' t is STATE OF WaSII� ) COUNTY OF ti1UhOM�$1� ) I certify that I know or have satisfactory evidence that R.E. Beaupr.e signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President of Lansdowne, Inc., to be thb free and voluntary act of such party for the uses and purposes mentioned in this instrument. + Dated /fY� e►. 1g. ,. , PI w :^ NOTAR P' BZ , to pf ash ngto My ap ointme t- -cxpirei —r Ind► :.�9j '„ - `t , 0 3 •clp' t is Y EXHIBIT A IN THE COUNTY OF WASHINGTON, STATE OF OREGON PARCEL It Lot 1 and a portion of Lot 2, Block 1, XINGdTON, Washington County, Oregon, more particularly described as follows, to- wit: Beginning at the moat Northerly corner of said Lot 21 `hence 6outh 46 05 East along the Northeasterly line thereof 25 thence South 45 30 West along a line parallel to the Northwesterly line of said lot, 100' to a point on the Southwesterly line thereoft thence North 46 05 West along the Southwesterly line thereof, 25r to the most Westerly corner of said lots thence along the Northwesterly line of said lot, 100' to the place of beginning. PARCEL II: Lot 2, Blcck 1, KINGSTON, Washington County, Oregon, EXCEPTING THEREFROM that portion thereof conveyed to Mathias Nick Herberholz, et ux by deed recorded April 11, 1951 in Book 319 Page 187, Records of Washington County, Oregon. PARCEL III: Lots 3, 4, 5, 6, 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington and State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State Highway Commission, by warranty deedo recorded August 9, 1939, in Book 182, Page 341, and also recorded September 14, 1939, in Book 183, Page 461, Deed Records. STATE OF OREGON County of Waahtnp -on SS and I Taa alron and Ex-Of iclo R000rdof of C voyancos for Bald count', de borOby comfy that tho Within Inatrumonf 01 wrilfog was rocelvod and rocorded In rook of rtrcords of eald county. DOnald W. Meson. Director of Aaeournanl and Taxation, E Of ;O County Clerk )986 DEC 22 PH 2; 43 W hm 'r. I I C �•;, *� r ii Y EXHIBIT A IN THE COUNTY OF WASHINGTON, STATE OF OREGON PARCEL It Lot 1 and a portion of Lot 2, Block 1, XINGdTON, Washington County, Oregon, more particularly described as follows, to- wit: Beginning at the moat Northerly corner of said Lot 21 `hence 6outh 46 05 East along the Northeasterly line thereof 25 thence South 45 30 West along a line parallel to the Northwesterly line of said lot, 100' to a point on the Southwesterly line thereoft thence North 46 05 West along the Southwesterly line thereof, 25r to the most Westerly corner of said lots thence along the Northwesterly line of said lot, 100' to the place of beginning. PARCEL II: Lot 2, Blcck 1, KINGSTON, Washington County, Oregon, EXCEPTING THEREFROM that portion thereof conveyed to Mathias Nick Herberholz, et ux by deed recorded April 11, 1951 in Book 319 Page 187, Records of Washington County, Oregon. PARCEL III: Lots 3, 4, 5, 6, 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington and State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State Highway Commission, by warranty deedo recorded August 9, 1939, in Book 182, Page 341, and also recorded September 14, 1939, in Book 183, Page 461, Deed Records. STATE OF OREGON County of Waahtnp -on SS and I Taa alron and Ex-Of iclo R000rdof of C voyancos for Bald count', de borOby comfy that tho Within Inatrumonf 01 wrilfog was rocelvod and rocorded In rook of rtrcords of eald county. DOnald W. Meson. Director of Aaeournanl and Taxation, E Of ;O County Clerk )986 DEC 22 PH 2; 43 W hm 'r. I I KNOW ALL MEN By rREsF PRasemrs. rhat .... ... . ............ inCrxstderaftun ............... . ...... .................... ....... . ... .... ..... " . .... " . ........ to V�eos Paid . . ..... .... ... ..... ................. —.1. ... .... ..... . ......... . . do firreb) drant, finrjfaln, son and conirvy unto ...... .. .. .. ...... .. ....... . . ...... .. Vvxthlap. Hick Berbotholz GndX&-lG..H.rbarhoIz, tu*bLnd..&nd,v1fa,.. " .. . ... ................ ... thtIr helts and alligno, all the 10110trind real Property, with the tenements, heredframenet and OPPurtonances, situated in the CV—fY Of . .... ... . ........... .. . .... and State of 0-gon, b .. did rind described a,, jelf—, Lot I and a. portion of Lot 2. Block Is lingeton, Waiihington County Oregon, more particularly deacribod as follows, to-alt, Beginning at tkA SO&% Rartlittorly corner of as,14 1,6%. 2. thanoo South 46' 03 ?act along the WortheattorIji lint thereof 25 feet, thence South 45" 30 lost along & line Parallel to the Worthweatttrly line of Paid lot 100 teat to a point an the Southwesterly lint thersofo thence! north 46" 05 feet along the SouUmeaterly line thereof 25 f•lt to the most WOotatlY comer of said 1,ot, thence along the Morthwoottrly lint of eLld Lot 100 feet to the place of beginning. lily 7'o Have and to liatil fit* abot-o described and granted pterisiaos onto the said ............ VaAhLaP. and. SLU&JIsirberhalm.- bumb. .and wire ...... . .... ........... ... . .... ....... ...... ...... . .. . . ..... I .... ... ........ .... . . ... .... . . ... .. . .... ......... . . ...... .. .... ...... hdrs sent aspien, i.,-- .... ......... . ...................... . ........ .......... And . .. ..... wife ....... ... the grantor .bos named do Covenant to and W181, f1w above named 9—trite 4 their heirs and -iig- 0.1, they are .............. .. latitfulty ndjod in too simple of the vhove granh-d prcmixs, that the ob—. granted p-mi%esory free from P11 erecumbranvc.% ...... ..... . ..... .... ....... . ........ . ..... ................. ..... .... ..... . .. .. .... ... .... .... ............ ............ . ...... . ........... .. ..................... .. ........... ..... .... .... ... I .. . ...... .. ..... . . .. . ....... ....... ........ ... .. ... ... ... . ... . ......... ........... . ...... .... ..... ..... ... .. ...... ... ....... ........... . . . ... ... . ................ ....... . .... .. mad L' their. i .* *—'-""- - - and that thOT r.. ox".8-a and administrotoo. shaft t,--,,-nf and forever dele.d the above granted prenniecs. and every pare and sternest thereof, a0inet the I.W1.1 oi.irns and efs'"anifs ofan Persons Whomsoever. .. . .... I . ...... ....... ................................. ............... . .. .. ..... .... .... . ......... ..... .. . ............ .... Witmex our . . ................. Fumd..e.. andrusti.st- thi ...... 2Stth day F.—mi'd In the Promairn .1 . . ...... .... . .. (SLAQ Pr ..... ...... . — . .................... ....... ................4....... .............. .... . ............... ...... ...... ....... (SeAL) WARRANTY DEED s �• -t.. O O rt. (MU Its ri * • rry�� g ro Math Saw RlaY Re_rDsrhals_ _ ' � E ° n M ?.. 1Szt i.�_lie:.bA[AoI�.._.._.....__ P STATE Off f]RHOON. ?' `• A S' WashInatM I certify that the within inatru- $ n t il : mtn! was r•orired ' on pe/a...._.___- ..- ..._ReoorJ d Dc�a � • Pt � ° � � � .. o: - d raid Covnry. Witn my hard and neat of w Q : �• Q f' �' County •R i IL D ° EVANS & :VINCENT �' a. ,P.0. BOX 809 71GARp, ORE r PHONE 3701 2 ' u 4 '. 11q ^I o F T 'h/t r t e . `, � 4 r 'i��i y x;+ r 4 �. � 1ri �..aJ#S'T� S F,�= � "Iit�• ' wrnRlyn : :.fir .X,.,�•• -�a � � ��t2, �•t > �iR ?�:y •�.7' <� r ,.. lam' . Api dw im"erallon at wDOLT.A1tS ` X , :� h•�If1, ill � f10ry "T) �T : �.. P. sag p py Wtlf p t11W ble l , sen and convey . amts the BTA'i'E OF,tl t �1u d>Y(th ° i�sti AlE fil9p�XY C0 6SIOti, �lae following desalted PArj= �• A peroeS',� lays i ng JA 3O x,16, 9 mad 28; mock 1, or SingBtov in the 1b1aq of T16ard; Dona o Oi�A �. t 9*Ao amd being a. Portion of'tho following doeorlbed P"Por. Mbt br'%G" .lewd I t 4d.wU eOnTeyad by that certain deed to Mania E. Tigard. ro njJq im boplc lit; page g,,7 of Ma01WIon County R09oid at Leeds, the said parcel + boimQ deeorittsd ab tallo*l. + ly 09 avid Zit 90; thanes psltiA 45 46. 80" nest along the Northeesterli' limo of Lot 89 a distance of 87.36 feet; th&noe Bouth 64 01' meet a distaaoo of 159i65 fees a point on the fauthaecterly line of said Lot 7; thence South. 4& 45` 90" Daet' along the 8euthweeterl7.line of Tot 7 a distance of 37.13 feet to the Southerly comer Of said Lot 7, thence North 45 90w Fact along the southeasterly line of lote'9. end . 6' a , distance of 100.00 feet to the 17omtorly corner or cold Lot 2B; thenoo 9olth ?. �e g0_ past along the southxomtorly lino of Lot 29 a distance of 100:00 fiat to ,tae Southerly corner of Lot 28; theaooltorth 95 49' 30^ Fast along the Southeasterly llae of Lot a distance of 5o.00 feet to the point of 1 boginning. containing 6832 square foot. PARCEL 82.. A pareel of land lying in hots 31 and M. Block 1. Kineaton in the Tot:•n of Tigard. P�schiagton Coamty, Oregon, and being a portion of tho follotring described property: 'mat tract of land which Me convoyed by that certain deed to DLtmie E. Tigord. recorded in book lie, page 217 of Waebingtoa cotmty Record of Doedo, the void parcol being describe4 as follow: Doglnniag nt the lhaterly corner of said Lot 32; thence North 45 45' 3( wart, along tho'Nortboaaterly lino of Lot 3E a (1ietanc* of 23.09 Teat to a point. which is 50 feet distant Northvteaterly Tram (whew taeasurod at right anglca to) the relocated center ;line of the Poolfic Tiighrhyy Vast; thenoo South 62 5R West pa:•ollal to and 50 Pest distant from said cantor line a distant* of 105.55 foot to a point on the SOuthnesterly line of Bald Lot 31; thence South'45° 45. 3D"Faat along said lot line a distance of 54:19 feet to•the Southorly corner of Lot 31; the 00 North 45049`30" Ibat along the southeasterly line of Lots 31 and 32 a distance of 1C0.00 Soot to the point of beginning, oontaining 3851 eQuare feet: '.a.: ' -? t,..' +a'ti�G .'.�:.% _ �:-''` :1' i:' ^� r ya.` , . :• • .... '' i 'd..�,� R t a'JC,T`� r o �� : s � • '1. s r � l�c ," ..�:�' �..:. , l ,, f .try •ss�.,'X `ti `{»'�4'i`�'��� '�',�F � c x� ` � KS•' i�� ,+ �� ' � . �� •_4N�t �'i �� .et''��'`�.���'�;r.,✓c�`"�'�'r °�" i`"`.��`et,-`�a��,:r�x� .a,�� , �•.K:, 3: ... .I.�N'..'d _f1 =Y11 .l J,.. _ . -.�'4i �.•i:i����. .. .1'!•I '� '�7 S,.d. Sa'• R .ac�.w.r :.... / C 1 - KF 'G.a`` + ♦ '/•Ja1.iJ ' , �' '�• r } � " 'K'Y' 3 f +• i " �Q , � idl M Sia s.' oile�om, DSia�j� #N�4,���s?�t,,,`'.,,;�"*� '-;, , � "�� �• .• •'�.. �• . And 71811.. ; tb 'Ntd. lmt If » As. �Lpe�9 rnd wM ** Wd State of Oregon, by and throupt it, Stato • "" r. " 1 1 "' i w' Lrdyo.: (ii�'�dti+oeeaoti �aiilgrtR, that : .xa -atn .............. the owners.. to feotltaplf of said pemlrbr;.Oat Ihey siv 1Yeet fltoaat in inoambi+oetti and that......... tae. «._.. ...._..._....._ VPW viarrrnt sad defend the Tama from all lawful c' bdma whatsoever. IN WIl _._.h%k*i6 vuntoct -.» 4+!95...._............ hund.a., and ceall! ►htr y= ofd _ . ............. »............ ».... _... _....._............._.._......} ..�.. , -- ......... [Seal] I "' f 4 A IN h z: P 1 ' t 'STATE OF County of On 06 a ..» say of _ . n.+s rr a.1 .».� ' ._...; aW.9. , peeaonallyr eame here me _IETRLratT- $dflia : Fa S la ,iaiii shanty nid state, tho withLi named -- to me s a T own 'p,e hc '4llaac{b to; satd 1►!io ctccutcd, tLe vVltLLt iaetnimmt, and Y �,; R �, Y a°14!°v!Iedgad.to JDm Wat.iez tiag�a�telrtelg e lroluntat'gy far the rases Quidd V � , ii/ ( p � �a•s..,�t�.�+�`��k.�9r( r n� l� GP. fin � t y � . ,i J. SOiz{S' }.rl•4�7- }y'f"nT•i ..r-JY ?.vd',,,,.t,r s' '"'nC` �.�.. �' .., ..... �l r :dTXt'7E7 .s' . �':? r,: ".h - •��:v� >v,a. 6%�r _ w_ 'z�' t� p� r � t. a — : �- -.: 1 ��: � _ 1: -. v .V 1 R. 1 1 L � _. .. ...., ... ,. �...t ._ ... �' ' _ .:L - -�. � � �� � i `� � / �T f ."E",- '..�.'„�.. , . �•-� f t � - _ ° i b — O. {-tee a= ti t 'f } �• � _ _.- •frig+•.. .� -...i '�" ...+;.- a _ i •. • � : � � 9 _ 'i !t l: t �l_- * _ v VON A- r Property: R460245 2S12AA -01100 023.75 TIGARD AUTO STOP PARTNERS (99375) ACRES .92 2829 RUCKER AVE STE #100 EVERETT, WA 98201 ® Batch: Inq - Eff Date Paid: 11/15/2009 10. 2008.166786 0 21,391.74 21,391.74 21,391.74 05/13/09 Third Date Due Levied Tax Tax Due Interest Third Due Balance Due 11. Current Taxes for bill 2009.167261, Levied tax of 22,709.64 1/3 due Nov 16 7,569.88 7,569.88 7,569.88 2/3 7,569.88 7,569.88 <302.80> 7,267.08 3/3 7,569.88 7,569.88 <378.49> 7,191.39 Total Due: 22,709.64 <681.29> 22,028.35 * ** End of Display * ** (P) revious (U#) Up (T) op ( . ) More Enter Option From Above, or <RET> or 'X' to Exit: F t Owner: TIGARD AUTO STOP PARTNERS Prop ID R460245 (Real Estate) (99375) 2829 RUCKER AVE STE #100 Map Tax Lot: 2S12AA -01100 EVERETT, WA 98201 Legal : ACRES .92 Situs 12035 SW PACIFIC HWY, A ** additional addresses *+ Name(s) Code Area ; 023.75 Sale Info 12/01/86 $1,223,000 Deed Type ; Instrument: 86059827 2009 Tax Status * Unpaid Taxes Current Levied Taxes 22,709.64 Special Assessments 2010 -11 SB125 Taxes Year Built : 1986 Living Area: 2400 2009 Roll. Values RMV Land $ 756,960 ( +) RMV Improvements $ 829,960 ( +) RMV Total $ 1,586,920 (!) Total Exemptions $ O M5 Net Value $ 1,586,920 M50 Assd Value $ 1,439,570 (1) Alt Disp I (2) Primary (3) Secondary (4) Land /Impr (5) Gen Appr (.) More Enter Option from Above or <RET> to Exit: Enter <RET> to Exit: Addr# Situs Address Property /Segments 1 12035 SW PACIFIC HWY, A R460245 TIGARD, OR 2 12035 SW PACIFIC HWY, B R460245 TIGARD, OR 3 12035 SW PACIFIC HWY, C R460245 TIGARD, OR 4 12047 SW PACIFIC HWY, R460245 TIGARD, OR Enter <RET> to Exit: �o� 62342 ELECTRIC POWER LINE EASEMENT U 1898 KNOW ALL MEN BY THF,9E PRE9$N'i"J, Tha .r -- L,r%s �aL(Wt r _Z;Jr-• 8 thereinafter called "the Grantors," whether one or more than one), for and In consideration of the payment of the sum of Dh( - — Dollars tS /• the recolpt of which is hereby acknowledged, hereby grant, sell and convey to Pottland General Electric Company, an Oregon corporation thereinafter called "the Grantee," whether one or more than one), Its successor& and sy Ions, a perpetual easement anu right of way over, under and across the following described parcel of land situated In "Idau I ^ County, Oregon, being a strip of land 7 r eef In width, extending 9 -5 f eet on each side of a center line more particularly described as follows; Commencing at the intersection of the Northeasterly line of Block 1, Plat of Kingston, in the County of Washington, State of Oregon, and the Northwesterly margin of High- way 99 au established by warranty deeds recorded in Book 182, page 341, and Book 183, page 561; THENCE North 46" 04 16" West along the Northeasterly line of said Block t to the TRUE POINT OF BEGINNING of herein described centerline; THENCE South 62 37 28" West, 104.31 feet parallel with the Northwesterly margin of Highway 99; THENCE South 63 40' 28" West, 266.75 feet parallel with said margin to the Southwesterly line of Lot 7, Block 1, said plat of Kingston, and the terminus of said centerline. TU HAVE AND TO IIOLD the above described easement and right of wt,y unto the Grantee, Its successors and assigns, together with the present right to top. limb or fell trees located on land owned by the Grantors, adJacent to the above described right of way, which danger Ucts will be determined by the Grantee. Said easement and right of way shall be for the following purposes, namely: the perpetual right (o enter upon and to erect. maintain, repair, rebuild, operate and patrol electric tower linen, and appurtenant signal or communication liner, Includinf the right to erect rush poles, wirer, cables, guyy supports and appurtenances as arc necessary thereto, to&uther with the present end future rl`hl to clear said right of way and aep the same clear or brush, timber, structures anti fire hazards, Including the right to reatrk( the growth of trees and brush on said right of way by the use of chemical sprays. Grantors shall have the right to use the lands subject to the above described easement for all purposes not Incon- slatent with the U." and purposes herein act forth, except Grantors shall not build or erect any structure upon the right of way without the prior written consent of the Grantee. If the Grantee, Its auceesson and assigns, shall fall to use said right of way for the purposes above mentioned for a continuous eriod of five years after construction of said power lines, then and In that event this right of way and ease- ment shall terminate and all rights and privileges granted hereunder shall revert to the Grantors, their heirs and assigns. The Grantors hereby warrant that they are pomemed of a marketable title to the property covered by this easement, and have the right to grant the same. The Grantors, Jar themselves and their helra and a&algrui, covenant to and with the Grantee, Its sueemsors and aullfnit, that the Grantee, its successors and aa'ilgra, shall peaceably enjoy the rights and privileges herein-granted. 1• N IN WMESS WHEREOF, the Grantors have caused this easement to be excess I 'Z- - -day of Ju�� 18 ea 46LAL 4SEAI., .iL'AU SKALi STATE OF OX=OZt Washington County of Snohomish } u, On thi _ - 12th - day of June Ig 86 _ before me, the undersigned, ■ Notary Public In and for said County and State, personally appeare R. £. Beaupre to me known to be the individuals described in and who execuitd the and acknowledged that they executed the Mme freely and voluntarily, iff�¢�0 IN IESI MONY WHEUOF, 1 have hereunto sat my han jfgr+stfk�ji>J'rj� M sea! this, the day and )eat to this instrument first written. 1 1 •�>t q�, c5 : VG _, oT,A ;r,t n nc J 4 * , .._ Iea�R f p1rN •� �•/ 1 t?4*L?y Yubue tot tl vpn * j Washington 67,472 tN OREGON County of Waahlnptm as r, Donald W. Mason, OthCta of Aasaaam d and Taulkn WW Ex -OMda Rrroordar. of C or, vayano" for Old COU *, 00 hWdW ** hm and r000rdad In bock it r*Wft of Wl 0"4. Donald W. A4aat olticlo, of A dtaraba,. Ex Iles JUL 15 em pg: G ELECTRIC POWER LINE EASEMENT 86031016 t • � KNOW ALL MEN BY TNE9E PMENTS, Tha LnNs ��ner vr� ZA1 c . ( hereinafter called "the Grantors," whether one or more than one), for and In consideration of the payment of the sum of Akr' Dollars is Z, eo ), the receipt of which Is hereby acknowledged, hereby grant, roil and convey to Portland General Electric Company, an Oregon eorporatlon (hereinafter called 'the Granite," whether one or more than one), )is successors and ass)gno, a perpetual easement ono light o! way over, under and acrons the following described parcel of land situated in (4- --5 CMI County, Oregon, being a strip of land G f eet in width, extending 3 f eat on each aide of a center line more particularly described as follows: Comnencing at the Northerly most corner of Lot 1, Block 1, Plat of Kingston; in the County of Washington, State of Oregon; THENCE South 46 04' 16" East, 3.00 feet along the Northeasterly line of said Lot 1, to the TRUE POINT OF BEGINNING of herein described centerline; THSNCE South 45 30' 44" Nest, 350.07 feet parallel to the North line of said Block 1 to the southwesterly line of Lot 7, said Block 1, and the terminus of said centerline, TO 11AYE AND To HOLD the above described casement and right of way unto the Grantee, Its &uccessors and nsntgns together with the present right to top, limb or fell trees located on land owned by the Ctantnra, adjacent to the above 4 escrlbed right of way, which donRer trety will be determined by the Grentee. Sold caremuut and right of way &hall be for the following purlxtsea, namely: the perfx:tual right to enter upon and to erect, maintain, repair, rebuild, operate and patrol electric power linen, and appurtenant signal or communication lino.. Including the right to erect ouch poles, wire&, cable+, guy supports and oppurtenancco at are necessary thereto, together with the present and future fight to clear said right of way and keep the same clear of brush, timber, alrue(urea and Ore hazards, including the right to restrict (tie growth of trees and brush on mid right of way by the use at chemical sprays. Grantors shall have the right to use Din lands subject to the above described easement for all purposes not Icon• violent with the uses and purposes herein set forth, except Grantors shall not build or erect any structure upon the right Of way Without the forger written consent or the Grantee. If the Grantee, Its &uccea&ors and amig;ne, shall roll to use said right of way for the purposes above mentioned for a continuous period of five years after construction of sold power !tries, then and In that event this right of way and eau• men! shall terminate and all rights and privileges granted hereunder shall revert to the Grantors, their heirs and assigns, The Grantors hereby warrant that they are poascased of a marketable title to the property coveted by this easement, and have the right to grant the some, The Grantors, for themselves and their heirs and ensigns, covenant to and with oho Granter, Its successors and assigns, that the Grantee, Its successors and assigns, shall peaceably enjoy the rights and privileges heroin granted, ♦� IN WITNESS WHEREOF, the Grantors have Caused this easement to be executed- - dug of Ju�oa 101 t$EAL� iSEAL iSLALr STATE OF 01199DWt Washington County at Snohomish I ss- iSHALi On this 12th day of JVne 19-Bb —, before ore, the undersigned, a Notary Public In and lot &aid County and State, personally appeare R. £. Beaupre to me known to be the Mdivlduals described in and who er executed the same freely and voluntarily. IN TESTIMONY WHEREOF, 1 have hereunto set my this instrument first written. and acknowledged that they Goal tho. the day and I.'ar in to for 101F1{}tfA Washington ri" ion e xp)rlts•, OF W A Z" /" i ar tt1RA OTATM or oll[oON County of we"la on so I. Donald W. Mason. OfmcW of AuNwnenl ww TusWn wa Ex•Oflfclo Roobr&f of Con- YOVA I UW cou nty, do hwypyoo* 1hd i arW nmis3rd h bode d goo o!" Dowd W. MOM. Dhctor of was TaRWpn, Ex. Oftob CW(k !!eSJUL 15 FM 4i 00 iik �^r•`:'„tFt e , ` _Jfi t7�l�i ; ,�� ^ � • 1 fJ••il .i yV W �— April 18, 1990 251 2AA 1100 i:7 f '' '�/3rY.� •IN9?i � .. EXHIBIT A i UTILITY EASEMENT A parcel of land situated in the northeast quarter of the northeast quarter of Section 2, Township 2 South, Range 1 West, W,M., Washington County, Oregon. Said parcel of land being more particularly described as follows; BEGINNING at a point of intersection at the easterly property line of that parcel of land conveyed by Jean M. Barnes and Joan M. Bernards in a trust deed recorded in Fee No. 88 -05293 on February 8, 1988, Washington County Records, and the southerly right of way line of S.W Greenburg Road, said point being 30.00 feet left of engineer's centerline station 102 +07.80, more or less, Thence Southerly to a point of intersection with a line, said point being 40.00 feet left and at right angles to engineer's centerline station 202 +07,80, as illustrated in City of Tigard R/W - Easement Exhibits Sta. 100 +00 to sta. 109+00 sheet 1 of 8 dated 2/20/90; Thence Westerly and parallel to said southerly right of way line of S.W. Greenburg Road to a point of intersection with a line, said point being 40,00 feet left of engineer's centerline station 102 +22.21, more or less; Thence Southerly and parallel to the easterly right of way of S.W. Center Street to a point, said point being 50.97 feet left of engineer's centerline station 102 +22.84, more or less; Thence Westerly and parallel to said southerly right - of -way of SW Greenburg Road to the point of intersection with the easterly right of way of SW Center Street; Thence Northerly along said easterly right of way line to the point of intersection with the southerly right of way of SW Greenburg; thence Easterly to the point of beginning. REGISTEREf) PROFESS 14L LAND SU!.ZVEYOR 0111 rot: CATHEY 3 0:. �a` 1 1 I i V! 4t d 1MIr Y r+l ,' •t `' ,r y.^;'. ky'�!:y,i +1;�: k,. _ : { _ n• •� i �sl •. .a e ^�,, «. :3; >� � • l .1•.e! v xyrr ri•� .'.�'i''� ,y _ S t a w a � v '� ya ,.11 y �". .� 1, J t't k l j • } 'r�r ��, '�{ ti:�.` ?•�;;� 5 s r Fr ' � : ► 0:. �a` .1 0 0 00+1 1. el) 0 0 00+Zl + 13.381S 831 N30 4 10 STATE OF OREGON County of walbsnalon es I =11. " ",=, - ,. n ! and T b.. pemlly that at I k ot of .110 sm- a at ell COMO Doc 90054036 Recta 41423 28.00 09 03:52:27PM N s Cj a. Im IN m In IL x W . Ul 13.381S 831 N30 4 10 STATE OF OREGON County of walbsnalon es I =11. " ",=, - ,. n ! and T b.. pemlly that at I k ot of .110 sm- a at ell COMO Doc 90054036 Recta 41423 28.00 09 03:52:27PM N s Cj a. Im 8 .. �t t� t�J t!t ^'EI ^:aEi CI 90.54036 WS Atngtoncoontp INDMDUAL . GENERAL PARTNERSHIP PERMANENT PUBLIC UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Tigard Auto Stop Partners, a Washington General Partnership, hereinafter called the Grantors, In consideration for the sum of Six Hundred and 00/100 dollars ($600.00) from the City of Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of public utilities, and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the following described parcel of land, situated in the City of Tigard, Washington County, State of Oregon, See attached exhibit "A' incorporated by reference and made part of this document, IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thercover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. TO HAVE AND TO HOLD the above - described and granted premises unto said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantors have hereunto set their hands and seal this & day of � 1990. TIGJARD AUTO STOP PARTNERS icy 'nt &/PAIATNIER By PARTNER , 91�t r ;r 1 =" S 79i•�tJ Y T / 1 n 7 r� r a I � 1d S •� n C C,,. 7}f e 1 s '"(�rrr'�S,J t✓ri t 1`.�l Tfll 1 f, ey �j j .. �, Y r� } �: 1% t a. r r•Af1 7 , +, ! J�` .0 JI�•J. . •..:' ! t + - • 'ik,.a y � V . �ilfaaT+�'Rt .,�Yr 7�;. � :�; yGt r.4.�Y...,, a t t , 1•. � 1'+J <�.' t f � y mJl k`inV6� lT 3'A`.i•� ri'•' 1 ',t ?: Y t+ #• 7 y�4gt�?� �}frttt. °'�xfii` {f'ti: t 1 I r y 1 yt" 4{: t ' .i. CC1�l�r1.;. +\ i�t�. .n t �»+f » JL t • +hhrS`i.': 1' 1 '` ` �3 � ,� '�''di �,•71.J.�+.:Y'. tie ,� � r �' "'� �.ls {�i!Jk•�y „� �.±tt�l'1�� ♦ N 1 Ti * _'' _'i �':•: k 1 J • '� • `,l S j ;: t 1 " t 1 TM J r „�,' r ,� 7 :. � h:r� n ":�,�i:... rawt•7 {� V 31 +2 T' Cd ,•. T r riN J 4 \ 4 J :- , "� L" +,.,.�tJ�,'c� r {; J f ats t n : ��` r oti �� --.•• `��" yt3 — 7 rt {� + v rr'r- t . t !� ”: a.. �, ......_ .s- -- •.:x..r.tr + .i .. - ,k,.fY. •...+::� '�.: � /xrp•• " 4�' wV••. '!E �a" kSY: ... X53.^: }; • F'• :..",• ., +f:xa::'. .: t:: ;'++•'. n: •� ::iilCAtiF s s �,. .. i + y: .'':. t T - t'•'' �Jr �rr `�!Pit><�tk i r n 1,1.21L L.4A � s:is� �dL� � "�]y�� "y��^(��l ... — - :.N:if- ':%_'F, _ — ___ � t. 'f�F]f�lwt/afl:_...•T...• —._ •.._ —. oirw� STATE OF WASHINGTON ) COUNTY OF On this 1-1 day of _ I990, before me, the undersigned Notary ».� Public, in and for the State of W duly commissioned and sworn, Personally appeared `� . _ and Q.ti.. k.. ��•� � . 7 ml.executed the tr foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned ' fr�is`3�alis:l P P. P rP , and on oath stated that they were authori.ed to execute said ins(rument. Mj�t�„ WITNESS my hand and official seal hereto affixed the date just above written, Notary Public in arJ for the State of Was in ton, residing at c Title: NOTARY PUBLIC My appointment expires '7. ao _y / Approved as to legal description this ZS day of crf 1990. B n ,, Title: ye )15 V d F!!IC V Approved this day of A ugrryi , 1990. DEPARTMENT OF COMMUNITY DEVELOPMENT �f By: Title: Q,1 4 4,ij1 e, s fJ fs�rMN' R. .i. y li. i ` r te': p if.,. rr. ::. 'r 1' t � 7 1 4:4. fl"lr �J i✓ 7.?�fil�",�•. ;�n �; 3�tKt•r 7'! {r�i r.. •': -., :... 1 j •t Y,. . � � 4 r r�rt -� vuE- • �{� li,• n,. fifE ' s �' fib'" :�.F.. � �i., "t {'.:2.t Y r h+ •�� �"Y !1� • ' " Q••• K <!t ?.:.�cn r ,y sf ..s..�.m.rl�1.:Y S " Y,tI' •.' r;ry,. y s`� 7 .r "p ! 4,t , '. ,{! _ c6fA'k!�i4 " ?Q} ti:a'L � a . `, ^ . G �{2.: • ;At' j. +1� : �.•, !. • '�'b 1: r.•; .T�. �6���� tl, yy s t r- ts ' ci #iy , „ t•., :4 n F 'p' s • ^ c 3 Wit{ y ;tint♦ ! rf f .tT Ft!y�iii {h° a ;J d , rA - �. 1 J'r, . l ' .. , 'e •l_• .'. ,nuc..wasa )f , ,p -r• ,� ry e... ;{�• ..�$ 't ,r s, -)i : _r 4, c' . ^ � GIQf� itlfjtfi��.!ly rcl{ 4!A i ti s:fas r 49 �iy3t"+ : rf j �: s: ' : • ::...; '3F r ~ ! ` r y3l . ".���,7i S :•..... .77'., x. ?. b. 5. a x t:+ :Mrw �t''�¢'D •! Y �� � �, Y.+t,.`y-'�:. Yr•)•ti F a •�7� n,. ` 1 `yY. ,_7:i1. . , i y i `�:[ZJiK' - :+F:f f i p: • r 'I}. YrA'4. 1 s4 t . t':• _ k � .fit: - �' a' tp it g 5 i O Q P M d> a 1 tam ..r Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 201 Third Street, 8th Floor San Francisco, CA 94163 Attn: Pu et S d STATE OF OREGON county of Wd ethtnaton 88 I , Jerry n q of Massa - mard and. � q prt� o county Clerk for. saldbOtmt ,qo 44 Chet the wtthht Instrumonil DD1) and � d Worded orded'IN'fDpb1( Of' a. said cou Jrr Ft kblroot0r of 03835 RCBO DOC : 98025781.2 Rect: 205067 58.00 03/17/1999 03 :47:03pm SUBORDINATION, NON- DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT TH between DENNISEC, THOMPSON SUCCESSOR a IN O INTEREST y TO�DENNIS Cy AND LYNNE M. THOMPSON ( "Lessee "), and WELLS FARGO [SANK, NATIONAL ASSOCIATION ( "Bank ") . A. Bank has made, or has agreed to make, a loan to Tigard Auto OfFiveoHundrede ("Borrower") the maximum Principal Fifty Dollars ($505,350.00) (the "Loan "), which Loan is, or will be, evidenced by a promissory note in said maximum principal amount, executed by Borrower and payable to the order of Bank (the "Note ") . B. The Note is, or will be, secured by a deed of trust (the "Deed of Trust ") Covering that certain real property situated in Benton County, Oregon, as more particularly described on & xhihit A attached hereto and incorporated herein by this reference (the "Property "), C. Pursuant to that certain lease entered into between Granmore, Inc. ( "Lessor ") and Lessee dated as of May 1, 1986, and that certain Assignment of Leases from Lansdowne to Tigard Auto Stop Partners dated December 20, 1986 (the "Lease ") , Lessee leases all or a portion of the Property. It is a condition of Bank's agreement to extend credit to Borrower under the Loan that the Deed of Trust be unconditionally and at all times remain a lien or charge upon the Property prior and superior to the rights of Lessee under the Lease. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby agree as follows: acknowledged, the parties hereto C -S3 t . OR / -, r 0?/ ;7 0 ;09-OB KOH 12:12 P. 03 /08 1, (a) Sliborainsrion nr sue The Deed of Trust and any and all extenaioris, renewals, modifications or xeplaeoments thereof and /or of the Note secured thereby, shall unconditionally thereof and at all times remain a lien or charge on the Property prior and superior to the Lease. (b) Lessee L a pea {rPrq , Lessee intentionally and unconditionally waives, relinquishes and subordinates the priority and superiority of Lessee's right, title &rid interest under the Lease and in and to the Property to the lien or charge of the Deed of rrunt, and any and all exteneions, renewals, modifications or replacements thereof. Lessee understands that in reliance upon and in consideration of said waiver, relinquishment and subordination, specific loans and advances are being, or will be, made or continued by Bank and, as part and parcel thereof, specific monetary and other obligations us being, or will be, entered into or continued which would not be made, eptered into or continued but for Bank's reliance upon Leseee•s waiver, relinquishment and subordination set forth herein. Lessee further acknowledges that Bank would not make or Continue the Loan to Borrower without this Agreement. (C) BCknowletl,rma *�s nf�Ak Lessee acknowledges that it has surh in with respect to the Loan, and all of the loan documents executed in connection therewith, including Without limitation the Note, as Lessee deems necessary in order to provide the subordination provided herein. Lessee further agrees that Bank, in making disbursements under the Loan, is under no obligation or duty to, nor has Bank represented that it has or will, see to the application of any or all proceeds of the Loan by any person or entity to whom Bank disburses such P and any application or use of any such proceeds for purposes other than those for which they were intended shall not dofcat the subordination contained herein in whole or in part. (d1 ZDtfYQ___ Subord a ic> �ggrsement This Agreement constitutes the whole and only agr eement between the parties hereto with regard to the subordination of the Lease to the lien Or charge of the Deed of Trust) there are no agreement* (written or oral? outside or tsepAr9ta fro there this Agreement with respect to the subject matter hereof; and all prior negotiations with if a would affect the priority between the prior agree Deed of Trust and the Lease, any ments as to such subordination, including without limitation, those provioiona, if any, contained in the Lea which Provide for the subordination of the Lease to the lien of a deed of trust or mortgage affecting the whole or any part of the Property. S. \TLAK0cAm \NVCN0t.7CN rra+nw. sit ratt.cx O7 /DY !'ID-08 -96 ICON 12:13 04/08 2. AMIUS Iix. Lessee hereby eovenanto and agrees that, so long as th9 Deed of Trust remains in force and effect: (a) Ho MndifLnd tine Tsrminat< zf1 Q - ZAf1G� �� LHntlee shall not convent to any modificaClot1, texW nation or caneellation of the Lease without Bank'a prior written consent, (b) f.,.,iF Lessee shall hotlly Bank in writing concurrently with any notice given to Lessnr of an x breach of or dorault under the Lease on the part of Lessor. Leaaet agrees that Bank shall have the right (but not the obligation) to cure any breach or dorault specified In such notice within the time periods set forth below, and Lessee shall not declare a default of the Lease, as to Bank, if Bank cures such breach or default within thirty (30) stays from and after the expiration of the time period provided in the Leas* for the cure thereof by Lessor; provided however, that if 'such breach or default cannot with diligence be cured by Bank within such thirty (30) day period, the coumenceeent of action by Bank within each thirty (30) day period to romedy the acme ahall be deemed sufficient so long as Bank puraaes suCh cure with diligence. (C) NO AdyALQ2 J&2ntA yeaaee shall not make any payments or prepayments or rent more than one (1) month in advance of the time when the same become duo under the Lease. (d) aaslonme" ` .$gIIt &• Upon receipt by Lessee of written notice from Bank that Sank het elected to terminate the license granted to Lessor to collect rents, as provided in the Deed of Trust, and directing Lessee to [cake payment thereof to Bank, Lessee shall comply with such direction to pay and shall not be required to determine whether Lesser is in default under the Deed of Trust or Borrower io in default under the Loan. 3� BT.T�T If Bank or any other tranafesree acquires Levoor s right, title and interest in and to the Property pursuant to a judicial or non - judicial foreclosure of the Dead of Trust or a deod in lieu thereof or in any other manner whereby Bank or such other transferee succeeds to the interest of Lessor under the Lease, Lessee agrees as follows for the benefit of Bank or such other transferee, (a) Pagplent pf gent Lessee shall pay to Bank or such Other transferee all rental payments required to be made by Lessee pursuant to the terms of the Lease for the duration of the term thereof. (b) SolttlhuAtlon oP Par nrmannn Bank or such other transferee in ccordance of the terms Of the Lease for the balanco of the terra thereof, and Leases hereby attprho to Bank or aucb other transferee as its landlord, such attornment to be effective and self- operative without the I. ti «M1KNQ \W1f0\Or�c1�. VAN, j11 c1534.0x "3.. otr» 3 YEB -09 -95 MON 12:13 execution of any further Instrument immediately upon Bank or such other trunsfurve succeeding to the lessor's interaat in the Lease and driving written notice thereof to Leases. Lessee agrees to provide written confirmation of the foregoing upon request of bank or such other transferee. tot HQ Otfpqti. Neither Sank nor such other transferee shall be liable for, or subject to, any o£facta or defenses which Lessee may have by reason of any act or omission of Lessor as the prior lessor under the Lease, nor for the return of any sums which Leasuv may have paid to Lessor as the prior lessor under the Lease as and for security deposits, advance rentals or othorwiss, except to the extent that such sums arc actually delivered by Lessor to Bapk or such other transferee, (d)• sy eegyent Transfer If Bank or such other transferee, by succeeding to Lessor's interest under the Lease, should become obligated to perform the covenants of a iessor thereunder, then, upon any further transfer by Bank or such other transferee of its Interest as a lessor under the Loom*, all of such obligations shall terminate as to Bank or such other transferee. 4. )3QU jtl8'!'tmt�.CF In the event of a foreclosure of the Deed of Trust, so long as there shali then exist no breach, default or event of default on the part of Lessee under tho Lease, the leasehold interest of Lessee under the Leese shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continua in full force and effect, and B&Ak and any auceeesox in interest to Sank shall recognize and accept Lessee as the tenant under the Lease, subject to tbo terms and provisions of the Lease except as modified by this Agreement. 5. ESTOPPEL Lessee acknowledges and represents that: (a) Lease sPfgctive The Lease has been duly executed and delivered by Lessee and, subject to the terms and conditions thereof, the Lease is in full force and effect, the obligations of Lessee thereunder are valid and binding, and there have been no modifications or additions to the Lease (written or oral), other than those expreanly included in the definition of Lease set forth heroin. (b) 1Q T-_bM t . As of the date hereof and to the best of Looses 's knowledge, U) there eHiats no breach of or default under the Lease, nor any condition, act or event which with the giving of notice or the passage of time, or both, would conotitute such a breach or default, and (ii) thorn are no existing claims, defenses or offsets against rental due or to become due under the terms of the Lease. (c) , The Laaae constitutes the entire agreement between Lessor and Lessee with respect to the t :tttuntwn trnnNcWn ttrruw. stt c -02.0k F1 FEB-09-98 NON 12:14 1. P. HIM Property and Lessee's lease and use thereof, and Lenses claims no rights with respect to the Property other than as set forth in the Lease. (d) No planairj Rent No deposits or prepayments of rent have been mode by Leaeee, or by any person or entity on behalr of Lbasee, under or In connection with the Lease, except those, if any, expressly described, below: 6, M110E,L_ ANF,0i14 (a) jamedirts CUMIAlatlyq All remedies provided herein are cumulative, not exclusive, and shall be in addition to any and all other rights and remedies provided by law and by other agreements between Bank and any of Borrower, Lessor or any Other parson or entity. (b) coots, Pxaetoga and Attorneys' recu if any party hereto institutes ally judicial or administrative action or proceeding to enforce any rights or obligations under this Agreement, or oeoking damages or any other judicial or administrative remedy, the prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of the prevailing party's In -house counsel), whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any banXruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any othar person) r *lnting to Borrower, Lessee or any other person or entity. (c) Ngtjr-eq. All notices, requests and demands which any party is required or may desire to give to any other party under any provision of this Agreement must be in writing delivered to each party at the address set forth below its signature, or to such other address* ae any party may designate by written notice to all other parties. Each such notice, request and demand shall be deemed given or made as follows: (i) if eent by hand delivery, upon delivery; (11) if sent by mail, upon the earlier of the date of receipt or three (3) days after deposit in the U.S. mail, first class and postage prepaidl and (iii) if sent by telecopy, upon receipt. (d) 1!urrhar Bssutaiacas At the request of any party hoato, each other party shall execute, acknowledge and deliver such other documents and /or instruments as may be reasonably required by the requesting party in order to carry out the purpose of this Agreement, provided that no such document or I : . G] 1 C. M.Oft 0 � -08-88 HON 12 15 P. 07 /IB instrument shall modify the rights and obligations of the parties provided herein. 1s} agr;owar Lesser If, and to the extent, Aorrower and Lessor aze tbo same, each reference in this Agreement to Borrower or Lessor shall be deemed a reference to said person or entity in its raspoctive capacity. if) SuccergQX s, Aaalon8f gQvArnJncT LAw This Agre"ant shall be binding upon and inure to tho bon9tit of tho Noire, executors, legal representatives, successors, aaaigna and other transferees or the partiea hereto, and shall be governed by and construed in accordance with the lawn of the State of Oregon. 10) contlidtA In the event of any inconsistency between the terms of this Agresment and tho Leas *, the terms of this Agreement shall control, (h) C*)Mt.e. Pam This Agreement may bo executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute and be construed as one and the same instrument. IN WITNESS WTIMEOF, the parties hereto have executed this Agreement as of thn date first written above. LESS C. T mp on L Th ompson dress: BM: NELbB £AROO BANK, NATIONAL,j:5SO TI nnaaalif Gran vice President Address; 999 Third Avenue llth Floor Seattle, WA 99104 OBTAIN NOTARY ACKNOWIXT)GMENTS C-UA - OA OFFIciAL SEAL PRANCES L STE"FT NOTARY PUSUC.OREGON >T -6- �oMAMMONNp.pepol4 WN �f�RF 8 iu1.16,2001 V rNDIMUAL ACKNOWLEDGh EW State of Wa gton County of L I certify that I know or have satisfactory ovidence that D (S es • is the person who appeared before me end said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _Fettcxtr -r ay 19`18 Sod tt .......... ` / to�N =4 "° PUStte c Notary public in and for tha State of wasl:ington ��i • BFq av My appointment wires: 4)C) - p 7 ,f8 -08 10 12 EXHIBIT A TO SUBORDINATION, NON DZSTURMCE, ATTORNMENT AND ESTOPPEL AGRZEKENT Legal Description of Proportys P. 08/08 PARCEL 1; Lot 1 and a portion of Lot 2, Block 1, KINGSTON, in the County of Washington and State of Oregon, more particularly described as follows, to wit: Beginning at the most Northerly corner of said Lot 2; thence South 46° 05' East along the Northeasterly line thereof 25 feet; thence South 45 30' We3t along a line parallel to the Northwesterly line of said lot, 100 feet to a point on the Southwesterly line thereof; thence North 46• 05' West along the Southwesterly line thercot, 25 feet to the most Westerly corner of said lot; thence along the Northwesterly line of said lot, 100 feet to the place of beginning. PARCEL 2: Lot 2, Block 1, KINGSTON, in the County of Washington and State of Oregon, excepting therefrom that portion thereof conveyed to Mathias Nick Herberhoiz, et ux by deed recorded April 11, 1951 in Book 319 page 187, records of Washington County, Oregon. PARCEL 3: Lots 3, 4, 5, 6,. 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington and State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State 13ighway Commission, by warranty deeds recorded August 9, 1939, in Book 182, page 341, and also recorded September 14, 1939, in Book 183, page 461, Deed Records. ri \TV^%Tt"X" PS%C&M?1QND.W C•331.OR �T_ oz.s� Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 1740 Broadway, Mac #C7300 -033 Denver, CO 80274 Attn: Diane K. Watson Records Management Obligor #8908856927 -18 /AU #3835 was hli. -.4 County, Oregon 2003- 206233 12/16/2003 02:05:40 PM 0•1.9A111ER Cratul IW12 R NAL06N S10.00 $5.00 $11.00 $4.00 - Total to $91.00 II lit I I III IIlI ! Illi Illlll Illll IIIliill11111 Ill 00504945200 oe 2J3 702 1 020022 1 Jerry Henson, Olnctor of AU boa Ind rtd T�xatlon W14 Ex ogo County Clark rorwashl not County, Crogon, do hereby codify that the within In�frummi of • vwiling wu hcoP d nd SnJ d In,the book of i i , ncorW of nld county. J" R om Hanson, OMetor noant one Taxation, ExGrflelo County CIOrk RELEASE OF SUBORDINATION, NON - DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT FOR VALUE RECEIVED, WELLS FARGO BANK, NATIONAL ASSOCIATION ('Bank ") hereby releases to Tigard Auto Stop Partners, without recourse or warranty, any and all rights of Bank under that certain Subordination, Non - Disturbance, Attornment and Estoppel Agreement dated as of January 1, 1998, executed by Dennis C. Thompson successor in interest to Dennis C. and Lynne M. Thompson, as Lessee, in favor of Bank (the "Subordination Agreement "), including without limitation, the right to claim that any lien or charge in favor of Bank on the real property covered by the Subordination Agreement is prior and superior to the lien or charge of Lessee under Its lease of said real property, and which Subordination Agreement was recorded on March 17, 1998, as Qocument No. 98025781.2, of the Records of Washington County, Oregon. 1 Date: December 10, 2003 �TiTI '4�-3 IA Roger Widdowson Title: Assistant Vice President OBTAIN NOTARY ACKNOWLEDGMENT I: \Team \Records Management \Real Property Subordinatlon, Non - Disturbance, Attomment and Estoppel Agreement Release \Tigard Auto Stop Partners I a.doc-#4 C- 531R_OR.DOC (Rev. 08/02) @IIIIIIII�II�IIINII COLORADO NOTARY ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) On this_j day of December 2003, before me, the undersigned Notary Public in and for said State, personally appeared Roger Widdowson as Assistant Vice President of Wells Fargo Bank, National Association, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) SHARON L. JONES NOTARY PUBLIC STATE OF COLORADO My Commission Expires 5 11e12oo5 Notary Public - State o 'olorado My Commission expires: � -& - 05 1740 Broadway, Denver, CO 80274 Recording Requested By, -1y And After Recording, N Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 201 Third Street, 8th Floor San Francisco, CA 94163 Attn: Puget Sound RCBO � #3835 7 5 O C3 � STATE OF OREGON County of Washington 88 1. Jerry R. 4040""p ''rAA of Aseese- merit end 76xag6nn ��tyya��nyydht�tr,, o County YiQQ1�� Q C wltNn 1,nnet millih >.rMt>rat_ro0a ved and r000rded ]M b66k Of' of sold oounty. l • , J l. ;l yry R. 'h ptneotor of 0 _�e_ M 1111 artd ' aflon,Ex- Doc : 98025779.2 G Rect: 205067 63.00 03/17/1998 03o47102pm SUBORDINATION, NON- DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT THIS AGREEMENT is entered into as of January 1, 1998, by and between ( "L ssee "), and WELLS FARGO.BANK, NATIONAL ASSOCIATION ( "Bank ") . cevec�j 19010 0{s "6 14 •V�i/ A. Bank has made, or has agreed to make, a loan to Tigard Auto Stop Partners ( "Borrower ") in the maximum principal amount of Five Hundred Five Thousand Three Hundred Fifty Dollars ($505,350.00) (the "Loan "), which Loan is, or will be, evidenced by a promissory note in said maximum principal amount, executed by Borrower and payable to the order of Bank (the "Note "). B. The Note is, or will be, secured by a deed of trust (the "Deed of Trust ") covering that certain real property situated in Benton County, Oregon, as more particularly described on Exhibit�A attached hereto and incorporated herein by this reference (the "Property "). C. Pursuant to that certain lease entered into between Granmore, Inc. ( "Lessor ") and Lessee dated as of June 2, 1966, and that certain Assignment of Leases from Lansdowne, Inc. to f Tigard Auto Stop Parnters dated December 20, 1986, and modified as of July 22, 1996 (the "Lease "), Lessee leases all or a portion of the Property. It is a condition of Bank's agreement to extend credit to Borrower under the Loan that the Deed of Trust be unconditionally and at all times remain a lien or charge upon the Property prior and superior to the rights of Lessee under the Lease. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 11\ TENS \ $31 / / ////���))) C -wl.oR l ` ! / 0219� r 1, ;i1 B0RDINATTON . (a) Subordination of Lease The Deed of Trust and any and all extensions, renewals, modifications or replacements thereof and /or of the Note secured thereby, shall unconditionally be and at all times remain a lien or charge on the Property prior and superior to the lease. (b) waivers Lessee intentionally and unconditionally waives, relinquishes and subordinates the priority and superiority of Lessee's right, title and interest under the Lease and in and to the Property to the lien or charge of the Deed of Trust, and any and all extensions, renewals, modifications or replacements thereof. Lessee understands that in reliance upon and in consideration of said waiver, relinquishment and subordination, specific loans and advances are being, or will be, made or continued by Bank and, as part and parcel thereof, specific monetary and other obligations are being, or will be, entered into or continued which would not be made, entered into or continued but for Bank's reliance upon Lessee's waiver, relinquishment and subordination set forth herein. Lessee further acknowledges that Bank would not make or continue the Loan to Borrower without this Agreement. (c) Acknowledgments ofI,Csn . Lessee acknowledges that it has such information with respect to the Loan, and all of the loan documents executed in connection therewith, including without limitation the Note, as Lessee deems necessary in order to provide the subordination provided herein. Lessee further agrees that Bank, in making disbursements under the Loan, is under no obligation or duty to, nor has Sank represented that it has or will, see to the application of any or all proceeds of the Loan by any person or entity to whom Bank disburses such proceeds, and any application or use of any such proceeds for purposes other than those for which they were intended shall not defeat the subordination contained herein in whole or in part. (d) Entire Subo dina ion Aar eMgat, This Agreement constitutes the whole and only agreement between the parties hereto with regard to the subordination of the Lease to the lien or charge of the Dead of Trust; there are no agreements (written or oral) outside or separate from this Agreement with respect to the subject matter hereof; and all prior negotiations with respect thereto, if any, are merged into this Agreement. This Agreement shall supersede and cancel, but only insofar as would affect the priority between the Deed of Trust and the Lease, any prior agreements as to such subordination, including without limitation, those provisions, if any, contained in the Lease which provide for the subordination of the Lease to the lien of deed of trust or mortgage affecting the whole or any part of the Property. I s» if ° c -sa, ox -2 - 02/91 2. A •R - .M .NT Lessee hereby covenants and agrees that,. so long as the Deed of Trust remains in force and effect: (a) No Modification, Termination or CanrellAt nn Lessee shall not consent to any modification, termination or cancellation of the Lease without Bank's prior written consent. (b) NQ of DegAult Lessee shall notify Bank in writing concurrently with any notice given to Lessor of any breach of or default under the Lease on the part of Lessor. Lessee agrees that Bank shall have the right (but not the obligation) to cure any breach or default specified in such notice within the time periods set forth below, and Lessee shall not declare a default of the Lease, as to Bank, if Bank cures such breach or default within thirty (30) days from and after the expiration of the time period provided in the Lease for the cure thereof by Lessor; provided however, that if such breach or default cannot with diligence be cured by Bank within such thirty (30) day period, the commencement of action by Bank within such thirty (30) day period to remedy the same shall be deemed sufficient so long as Bank pursues such cure with diligence. (c) No Advan e Rents Lessee shall not make any payments or prepayments of rent more than one (1) month in advance of the time when the same become due under the Lease. d A notice fromBank m that �Bank elected e to i terminate s the o license en granted to Lessor to collect rents, as provided in the Deed of Trust, and directing Lessee to make payment thereof to Bank, Lessee shall comply with such direction to pay and shall not be required to determine whether Lessor is in default under the Deed of Trust or Borrower is in default under the Loan. 3. A MRNUM . If Bank or any other transferee acquires Lessor's right, title and interest in and to the Property pursuant to a judicial or non - judicial foreclosure of the Deed of Trust or a deed in lieu thereof or in any other manner whereby Bank or such other transferee succeeds to the interest of Lessor under the Lease, Lessee agrees as follows for, the benefit of Bank or such other transferee: (a) Payment of Ren t, Lessee shall pay to Bank or such other transferee all rental payments required to be made by Lessee pursuant to the terms of the Lease for the duration of the term thereof. (b) Continuation Qf Perf_ o_Manc Lessee shall be bound to Bank or such other transferee in accordance with all of the terms of the Lease for the balance of the term thereof, and Lessee hereby attorns to Bank or such other transferee as its landlord, such attornment to be effective and self- operative without the I \rCAM\TUM1 \MPS\CSSG\TIGMD. 531 �y o-s3s.ox -3- 02 /n V/V execution of any further instrument immediately upon Bank or ouch other transferee succeeding to the lessor's interest in the Lease and giving written notice thereof to Lessee. Lessee agrees to provide written confirmation of the foregoing upon request of Hank or such other transferee. (c) No Offset Neither Hank nor such other transferee shall be liable for, or subject to, any offsets or defenses which Lessee may have by reason of any act or omission of Lessor as the Prior lessor under the Lease, nor for the return of any sums which Lessee may have paid to Lessor as the prior lessor under the Lease as and for security deposits, advance rentals or otherwise, except to the extent that such sums are actually delivered by Lessor to Bank or such other transferee. (d) UbsQcruent Transfer If Bank or such other transferee, by succeeding to Lessor's interest under the Lease, should become obligated to perform the covenants of a lessor thereunder, ;then, upon any further transfer by Bank or such other transferee of its interest as a lessor under the Lease, all of such obligations shall terminate as to Bank or such other transferee. 4. NON -Dr T RiRA CE . In the event of a foreclosure of the Deed of Trust, so long as there shall then exist no breach, default or event of default on the part of Lessee under the Lease, the leasehold interest of Lessee under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect, and Bank and any successor in interest to Bank shall recognize and accept Lessee as the tenant under the Lease, subject to the terms and provisions of the Lease except as modified by this Agreement. ESTOPPRL Lessee acknowledges and represents that: (a) Leas ff cti ! o The Lease has been duly executed and delivered by Lessee and, subject to the terms and conditions thereof, the Lease is in full force and effect, the obligations of Lessee thereunder are valid and binding, and there have been no modifications or additions to the Lease (written or oral) , other than those expressly included in the definition of Lease set forth herein. (b) �- As of the date hereof and to the best of Lessee's knowledge, (i) there exists no breach of or default under the Leas P., nor any condition, act or event which with the giving of notice or the passage of time, or both, would constitute such a breach or default, and (ii) there are no existing claims, defenses or offsets against rental due or to become due under the terms of the Lease, (c) Entire Leasee Agreemen The Lease constitutes the entire agreement between Lessor and Lessee with respect to the !r \7L14M\fCATfl1WIP9\CBSC\7I GlJiD. S]1 C-531. OR - 4 ^ /+ /�/ 02/97 Property and Lessee's lease and use thereof, and Lessee claims no rights with respect to the Property other than as set forth in the Lease, (d) . No deposits or prepayments of. rent have been made by Lessee, or by any person or entity on behalf of Lessee, under or in connection with the Lease, except those, if any, expressly described below: (a) Remedies c,tmul l All remedies provided herein are cumulative, not exclusive, and shall be in addition to any and all other rights and remedies provided by law and by other agreements between Bank and any of Borrower, Lessor or any other person or entity. (b) costs. $xpenses and Attorn vs' Fees If any patty hereto institutes any judicial or administrative action or proceeding to enforce any rights or obligations under this Agreement, or seeking damages or any other judicial or administrative remedy, the prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of the prevailing party's in -house counsel), whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to Borrower, Lessee or any other person or entity. (c) NO inns All notices, requests and demands which any party is required or may desire to give to any other party under any provision of this Agreement must be in writing delivered to each party at the address set forth below its signature, or to such other address as any party may designate by written notice to all other parties. Each such notice, request and demand shall be deemed given or made as follows: M if sent by hand delivery, upon delivery; (ii) if sent by mail, upon the earlier of the date of receipt or three (3) days after deposit in the U.S. mail, first class and postage prepaid; and (iii) if sent by telecopy, upon receipt. (d) Further Assuraan At the request of any party hereto, each other party shall execute, acknowledge and deliver such other documents and /or instruments as may be reasonably required by the requesting party in order to carry out the purpose of this Agreement, provided that no such document or Ii \7rAM \ ?LAM \VAP8 \thsc\r7GMW. 531 07/07 instrument shall modify the rights and obligations of the parties provided herein. (e) Ao,rrowerc LUA . If, and to the extent, Borrower and Lessor are the same, each reference in this Agreement to Borrower or Lessor shall be deemed a reference to said person or entity in its respective capacity. (f) y sire aaern. Assigns) n_r�_ - ^ - ^ Law This Agreement shall be binding upon and inure to the benefit of the heirs, executors, legal representatives, successors, assigns and other transferees of the parties hereto, and shall be governed by and construed in accordance with the laws of the State of Oregon. (g) Conflicts In the event of any inconsistency between the terms of this Agreement and the Lease, the terms of this Agreement shall control. (h) Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute and be construed as one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. LESSEE: BANK: +, WELLS FARGO BANK, 7e,-W, 4ca5 ila•t/' NATIONAL SOCIATION By: Dona d Gra t u Vice President Address: Q7061 Address: 999 Third Avenue Ilth Floor ,,K= yM, Seattle, WA 98104 OBTAIN NOTARY ACKNOWLEDGMENTS I . \SUW \?UL4% \1NF8 \M3C \13QAD. 531 / C-MoP -6- !`Jf /�— D2/91 PROVINCE OF BRITISH COLUMU31A CRY OF BURNABY Ou this --486*y of February, 1945, before me personally oppeared W AYM &M to me lwwn to be the VICE PRESIDENT, ASSET MANAGEMENT of SPEEDY AUTO GLASS INC. , the Wadaem corporation that execatod the within and fbregoing iastrUM0 t, sad ack+owiedged sold instrument to, be f u sad voluntary ad and deed of sold SPEEDY AUTO GLASS INC. for the loos and purposes thcratn mmvoned, aad on oath stated that he was authorized to exeouto the sold L strumeut on babaff of the corporation. IN WITNIM WHEREOF, I bane hereunto spt official seal the day and year first above writtm ,� me and maid person acknowledged that it to be (hislhor) free and voluntary act a ., is the person who appeared before ed this inatmment and acknowledged EXHIBIT A TO SUBORDINATION, NON - DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT Legal Description of Property: PARCEL 1: Lot I and a portion of Lot 2, Block 1, KINGSTON, In the County of Washington and State of Oregon, more particularly described as follows, to wit: Beginning at fire most Northerly corner of said Lot 2; thence South 46 05' East along the Northeasterly line thereof 25 feet; thence South 45 30' West along a line parallel to the Northwesterly But of said lot, 100 feet to a point on the Southwesterly Sine thereof, thence North 46 05' West along the Southwesterly lime thereof, 25 feet to Ike most Westerly corner of said lot; thence along the Northwesterly line of said lot, 100 feet to the place of beginning, PARCEL 2: Lot 2, Block 1, KINGSTON, in tho County of Washington and State of Oregon, excepting therefrom that portion thereof conveyed to Mathias Nick Hcrberbol4 et ux by deed recorded April 11, 1951 in Book 319 page 187, records of Washington County, Oregon. PARCEL 3: Lots 3, 4, 5, 6, 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington ead State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through Its State Highway Commission, by warranty deeds recorded August 9, 1939, In Book 182, page 341, and also recorded September 14, 1939, in Book 183, page 461, Deed Records. :,17 CAM TUK1HO,P! \CWC\T: SARA]. 571 C-$31 .OR -7- Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 1740 Broadway, Mac #C7300 -033 Denver, CO 80274 Attn: Diane K. Watson Records Management Obligor #890885692718/AU #3835 Washington County, oreyon 2003.206232 1211612003 02:05:00 PM D-LEA891 Crltn = R "Llill" $1 0.00 $1.00 $11.00 $4,00 • TC01 ■ $31.00 111111111111111111111111111111 1111111111111111111 00504941200302062320020028 1, Jerry Hone on, Director of Aseosunont and TalHlon ono Ek -0Rlelo County Clerk for Mehln/ton County, Oregon, do hereby certlIV that the within Instrument or ""Ing was recdved end ►corded ln,the book of r, e record, or wdeeur1 ' f' t P_^' - ` ''' Jerry R. Hen■on, Director evusment and Tsretlon, F■ .omclo County Clerk RELEASE OF SUBORDINATION, NON - DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT FOR VALUE RECEIVED, WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Bank ") hereby releases to Tigard Auto Stop Partners, without recourse or warranty, any and all rights of Bank under that certain Subordination, Non - Disturbance, Attornment and Estoppel Agreement dated as of January 1, 1998, executed by Speedy Auto Glass, Inc., as Lessee, in favor of Bank (the "Subordination Agreement "), including without limitation, the right to claim that any lien or charge in favor of Bank on the real property covered by the Subordination Agreement is prior and superior to the lien or charge of Lessee under its lease of said real properly, and which Subordination Agreement was recorded on March 17, 1998, as Document No. 98025779.2 of the Records of Washington Coynty, Oregon. Date: December 10, 2003 WELLS FA NATIONA By: C--' Roger Widdowson Title: Assistant Vice President OBTAIN NOTARY ACKNOWLEDGMENT 1:1Team \Records Management\Real Property Subordination, Non- Disturbance, Attomment and Estoppel Agreement Release\Tigard Auto Stop Par1ners18.doc -#2 C•531R_OR.DOC (Rev. 08/02) RIIIIIII II011 �I01��� COLORADO NOTARY ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) On this 10' day of December, 2003, before me, the undersigned Notary Public in and for said State, personally appeared Roger Widdowson as Assistant Vice President of Wells Fargo Bank, National Association, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL SHARON L. JONES NOTARY PUBLIC S�'GTE OF COLORADO My Corrrn.s4iuo Expires OW005 r Notary Public Ma f Colorado My Commission expires: .5 A -, o0 1740 Broadway, Denver, CO 80274 , W r s 1 1 I TV V H • • Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 201 Third Street, 8th Floor San Francisco, CA 94163 Attnt Puget Sound RCBO #3835 STATE OF OREGON county of wash:ngton I, Jerry Fl. Hantpn,l�p�r� r of Aseees- ment and TWI16n and 6q o County Clerk for said douttty do K�K61!vsrtNy that the wNhln InCrumon , q Noalved and r000rded In book of ortl6•:o1 ea:d oounty. Jirry R. HanW , , blreofor o1 Doc : 98025780.2 Rect: 205067 58.00 03/17/1998 03147:03pm SUBORDINATION, NON- DISTURBRNCE, ATTORNMENT AND ESTOPPEL AGREEMENT THIS AGREEMENT is entered into as of January 1, 1998, by and between TIMOTHY D. ALLISON D.B.A. TIGARD EXHAUST SERVICE ( "Lessee "), and WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Bank "). A. Bank has made, or ties agreed to make a loan to Tigard Auto Stop Partners ( "Borrower ") in the maximum principal amount of Five Hundred Five Thousand Three Hundred Fifty Dollars ($505,350.00) (the "Loan "), which Loan is, or will be, evidenced by a promissory note in said maximum principal atttount, executed by Borrower and payable to the order of Bank (the "Note"). B. The Note is, or will be, secured by a deed of trust (the "Deed of Trust ") covering that certain real property situated in Benton County, Oregon, as more particularly described on E4hibit A attached hereto and incorporated herein by this reference (the "Property "). C. Pursuant to that certain lease entered into between Granmore, Inc. ( "Lessor ") and Lessee dated as of July 28, 1986, that certain Assignment of Leases from Lansdowne, Inc. to Tigard Auto Stop Partners dated December 20, 1986, and that certain Assignment of Lease by and between Tigard Auto Stop Partners, as Lessor, and Jack D. Bischoff & Tracy A. Bischoff, as Lessee, to Timothy D. Allison, as Assignee dated October 24, 1994 (the "Lease "), Lessee leases all or a portion of the Property. It is a condition of Bank's agreement to extend credit to Borrower under the Loan that the Deed of Trust be unconditionally and at all times remain a lien or charge upon the Property prior and superior to the rights of Lessee under the Lease. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: It \TCAM \7EAMN1AP3 \CRSr\T1 WRa3. 531 i C-$31.00. — D21 VJ (a) Subordinat of Lea_ge The Deed of Trust and any and all extensions, renewals, modifications or replacements thereof and /or of the Note secured thereby, shall unconditionally be and at all times remain a lien or charge on the Property prior and superior to the Lease. Ib) Lessee's waivers Lessee intentionally and unconditionally waives, relinquishes and subordinates the priority and superiority of Lessee's right, title and interest under the Lease and in and to the Property to the lien or charge of the Deed of Trust, and any and all extensions, renewals, modifications or replacements thereof. Lessee understands that In reliance upon and in consideration of said waiver, relinquishment and subordination, specific loans and advances are being, or will be, made or continued by Hank and, as part and parcel thereof, specific monetary and other obligations are being, or will be, entered into or continued which would not be made, entered into or continued but for Bank's reliance upon Lessee's waiver, relinquishment and subordination set forth herein. Lessee further acknowledges that Bank would not make or continue the Loan to Borrower without this Agreement. (c) Ag_knowledamPnts A PVCAA Lessee acknowledges that it has such information with respect to the Loan, and all of the loan documents executed in connection therewith, including without limitation the Note, as Lessee deems necessary in order to provide the subordination provided herein. Lessee further agrees that Bank, in making disbursements under the Loan, is under no obligation or duty to, nor has Bank represented that it has or will, see to the application of any or all proceeds of the Loan by any person or entity to whom Hank disburses such proceeds, and any application or use of any such proceeds for purposes other than those for which they were intended shall not defeat the subordination contained herein in whole or in part. (d) F Subordination Agreement This Agreement constitutes the whole and only agreement between the parties hereto with regard to the subordination of the Lease to the lien or charge of the Deed of Trust; there are no agreements (written or oral) outside or separate from this Agreement with respect to the subject matter hereof; and all prior negotiations with respect thereto, if any, are merged into this Agreement. This Agreement shall supersede and cancel, but only insofar as would affect the priority between the Deed of :rust and the Lease, any prior agreements as to such subordination, including without limitation, those provisions, if any, contained in the Lease which provide for the subordination of the Lease to the lien of a deed of trust or mortgage affecting the whole or any part of the Property. ]717£A \PAPS \CBSC \tIOApD.1, 53� C- 531.OR "2"Z 02/97 2. AGREE Lessee hereby covenants and agrees that, so long as the Deed of Trust remains in force and effect: (a) Nn Modifinatinn, Termination or r r•ntlatinn �?�.,,...,.,,.,,.. Lessee shall not consent to any modification, termination or cancellation of the Lease without Bark's prior written consent. (b) Ngtice of Def au lt. Lessee shall notify Bank in writing concurrently with any notice given to Lessor of any breach of or default under the Lease on the part of Lessor. Lessee agrees that Bank shall have the right (but not the obligation) to cure any breach or default specified in such notice within the time periods set forth below, and Lessee shall not declare a default of the Lease, as to Bank, if Bank cures such breach or default within thirty (30) days from and after the expiration of the time period provided in the Lease for the cure thereof by Lessor; provided however, that if such breach or default cannot with diligence be cured by Bank within such thirty (30) day period, the commencement of action by Bank within such thirty (30) day period to remedy the same shall be deemed sufficient so long as Bank pursues such cure with diligence. (c) No Advance Rents Lessee shall not make any payments or prepayments of rent more than one (1) month in advance of the time when the same become due under the Lease. (d) AQsi gnmenr of Rents Upon receipt by Lessee of written notice from Bank that Bank has elected to terminate the license granted to Lessor to collect rents, as provided in the Deed of Trust, and directing Lessee to make payment thereof to Bank, Lessee shall comply with such direction to pay and shall not be required to determine whether Lessor is in default under the Deed of Trust or Borrower is in default under the Loan. 3 . ATTORNMENT• If Bank or ans other transferee acquires Lessor's right, title and interest in and to the Property pursuant to a judicial or non - judicial foreclosure of the Deed of Trust or a deed in lieu thereof or in any other manner whereby Bank or such other transferee succeeds to the interest of Lessor under the Lease, Lessee agrees as follows for the benefit of Bank or such other transferee: (a) Payment Qf Rent Lessee shall pay to Bank or such other transferee all rental payments required to be made by Lessee pursuant to the terms of the Lease for the duration of the term thereof. (b) Continuation of Performance Lessee shall be bound to Bank or such other transferee in accordance with all of the terms of the Lease for the balance of the term thereof, and Lessee hereby attorns to Bank or such other transferee as its landlord, such attornment to be effective and self- operative without the 1i \TW7 \TEAS n \W" \C&9C\T1WV3.i3I C- s11.OR -3- 3 ozroa execution of any further instrument immediately upon Bank or such other transferee succeeding to the lessor's interest in the Lease and giving written notice thereof to Lessee. Lessee agrees to provide written confirmation of the foregoing upon request of Bank or such other transferee. (c) HQ _Ulul , Neither Bank nor such other transferee shall be liable for, or subject to, any offsets or defenses which Lessee may have by reason of any act or omission of Lessor as the prior lessor under the Lease, nor for the return of any sums which Lessee may have paid to Lessor as the prior lessor under the Lease as and for security deposits, advance rentals or otherwise, except to the extent that such sums are actually delivered by Lessor to Bank or such other transferee. (d) Sub eM ent Transfer If Bank or such other transferee, by succeeding to Lessor's interest under the Lease, should become obligated to perform the covenants of a lessor thereunder, then, upon any further transfer by Bank or such other transferee of its interest as a lessor under the Lease, all of such obligations shall terminate as to Bank or such other transferee. 4. NO In the event of a foreclosure of the Deed of Trust, so long as there shall then exist no breach, default or event of default on the part of Lessee under the Lease, the leasehold interest of Lessee under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect, and Batik and any successor in interest to Bank shall recognize and accept Lessee as the tenant under the Lease, subject to the terms and provisions of the Lease except as modified by this Agreement. EST022FL Lessee acknowledges and represents that: (a) Le_ as�e Elf ect y . The Lease has been duly executed and delivered by Lessee and, subject to the terms and conditions thereof, the Lease is in full force and effect, the obligations Of Lessee thereunder are valid and binding, and there have been no modifications or additions to the Lease (written or oral), other than those expressly included in the definition of Lease set forth herein. (b) HQ- ujJ As of the date hereof and to the best of Lessee's knowledge, W there exists no breach of or default under the Lease, nor any condition, act or event which with the giving of notice or the passage of time, or both, would constitute such a breach or default, and (ii) there are no existing claims, defenses or offsets against rental due or to become due under the terms of the Lease. (c) En irp Lease Agreement The Lease constitutes the entire agreement between Lessor and Lessee with respect to the t VrFAMTGJn\MP9 \CBsC\T I GA"3.531 4 02/47 Property and Lessee's lease and use thereof, and Lessee claims no rights with respect to the Property other than as set forth in the Lease. (d) No E raVald fit No deposits or prepayments of rent have been made by Lessee, or by any person or entity on behalf of Lessee, under or in connection with the Lease, except those, if any, expressly described below: 6. MISCF . .AN'OIS (a) Be_medies Cumul ative . All remedies provided herein are cumulative, not exclusive, and shall be in addition to any and all other rights and remedies provided by law and by other agreements between Bank and any of Borrower, Lessor or any other person or entity. (b) Costs, F Zinenses and Attnrneys Fees If any party hereto institutes any judicial or administrative action or proceeding to enforce any rights or obligations under this Agreement, or seeking damages or any other judicial or administrative remedy, the prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of the prevailing party's in -house counsel), whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred iii connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to Borrower, Lessee or any other person or entity. (c) Notices All notices, requests and demands which any party is required or may desire to give to any other party under any provision of this Agreement must be in writing delivered to each party at the address set forth below its signature, or to such other address as any party may designate by written notice to all other parties. Each such notice, request and demand shall be deemed given or made as follows: (i) if sent by hand delivery, upon delivery; (ii) if sent by mail, upon the earlier of the date of receipt or three (3) days after deposit in the U.S. mail, first class and postage prepaid; and (iii) if sent by telecopy, upon receipt. (d) Further ass At the request of any party hereto, each other party shall execute, acknowledge and deliver such other doctunents and /or instruments as may be reasonably required by the requesting party in order to carry out the purpose of this Agreement, provided that no such document or I: 571 r C-531 -OR _5- -5 instrument shall modify the rights and obligations of the parties provided herein. (e) 92rrowerl Lessor If, and to the extent, Borrower and Lessor are the same, each reference in this Agreement to Borrower or Lessor shall be deemed a reference to said person or entity in its respective capacity. (f) Successors Aseinns: Governing Law This Agreement shall be binding upon and inure to the benefit of the heirs, executors, legal representatives, successors, assigns and other transferees of the parties hereto, and shall be governed by and construed in accordance with the laws of the State of Oregon. ( Confl icts . In the event of any inconsistency between the terms of this Agreement and the Lease, the terms of this Agreement shall control. (h) rnunterparta This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute and be construed as one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. LESSEE: TIMOTHY A. ALLISON D.B.A. TIGAR EXHAUST SERVIC By Title: Address: W( �Ffllar& LAC 0 7M WELLS FARGO BANK, NAT10NA7�j�SSOCIATTON By: ` f/ // Donald Gran Vice President Address: 999 Third Avenue 11th Floor Seattle, WA 98109 OBTAIN NOTARY ACKNOWLEDGMENTS State of Oregon County of Washington On this V day of February, 1998, before me, personally appeared Tim Allison, personally known to me to sign the above document. E N 9AW 9.1rlALN33 ..cw�+ --- MOfMr K 7's Y.,71�j omki�w N' 9{,= WQ0MM=Nr#W A4yjT'X0j Su d an B. Walker Ii\ TCNi \TEAM11iO.P5 \CASI'\TIGhRDl. 571 n P67g 'y C- 551.OR -6- 6 el"I enfJJ /;,0 6xrfoe 6s sf 7 / j99 INDMEDUAL ACKNOWLEDGMEM State of Washippon County of r a t ' I eel that I know or have satisfactory evidence that LAygoij Gre n �- is the person who appeared before me and said person acknowledged that (balshe ) signed this instrument and ackmowledged It to be (hWhcr) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: re rte Seal _ �•.o PIlBUCad�. j0 . �'�q��F �WAgN� +•�+ Av, Notary Public in an& for the State of Washington A My appointment expires: rk iik U a2I EXHIBIT A TO SUBORDINATION, NON- DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT Legal Description of Property: PARCEL 1: Lot 1 and a portion of Lot 2, Block 1, KINGSTON, in the County of Washington end State of Oregon, more particularly described as foQows, to wit: Beginning at the most Northerly corner of said Lot 2; thence South 46 05' Fast along the Northeasterly line thereof 25 feet; thence South 45' 30' West along a line paraUol to the Northwesterly line of said lot, 100 feet to a point on the Southwesterly line thereof; thence North 46 05' West along the Southwesterly line thereof; 25 feet to the most Wosterly comer of said lot; thenoe along the Northwesterly line of said lot, 100 feet to the place of beginning. PARCEL 2: Lot 2, Block 1, KINGSTON, in the County of Washington and State of Oregon, excepting therefrom that portion thereof conveyed to Mathias Nick Herberholz, et ux by deed recorded April 11, 1951 in Book 319 page 187, records of Washington County, Oregon. PARCEL 3: Lots 3, 4, 5, 6, 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington and State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State Highway Commission, by warranty deeds recorded August 9, 1939, in Book 182, page 341, and also recorded September 14, 1939, in Book 183, page 461, Deed Records, It \TEAM \T \1R P9 \C#SC\jj GAA01. ell ' C- $31.01k -7- (�[� 02/9, r Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 1740 Broadway, Mac #C7300 -033 Denver, CO 80274 Attn: Diane K. Watson Records Management Obligor #890885692718/AU #3835 WeaNt,v,on County, Oregon 2003_ i2/1612003 02:05:40 PM D-LIAM Cntat 9tn917 RMALYEN $10.00 $6.00 $11,00 $4.00 • Totd • $ 31.00 1111111111111111111111111111111111111 005049392D030106231002002 I , Jerry Manson, Director of A O aeemoK end To eetlen and Ex -Mclo County Clerk far Wohlnpton County, Oregon, do hereby eeAlry that Ina **Mn Instrument of w1tIng wee reaNred end recorded In boots of records of old county. Jerry R. Hanson, Dlroclor otoement and Taxetfon, Ek -OMclo County Clerk RELEASE OF SUBORDINATION, NON - DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT FOR VALUE RECEIVED, WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Bank ") hereby releases to Tigard Auto Stop Partners, without recourse or warranty, any and all rights of Bank under that certain Subordination, Non - Disturbance, Attornment and Estoppel Agreement dated as of January 1, 1998, executed by Timothy D. Allison D.B.A. Tigard Exhaust Service, as Lessee, in favor of Bank (the "Subordination Agreement "), including without limitation, the right to clai that any lien or charge in favor of Bank on the real property covered by the Subordination Agreement i prior and superior to the lien or charge of Lessee under its lease of said real property, and which Subor nation Agreement was recorded on March 17, 1998, as Document No. 98025780.2 of the Records of Wa hington County, Oregon. Date: December 10, 2003 WELLS F. NATION — Roger Widdowson Title: Assistant Vice President OBTAIN NOTARY ACKNOWLEDGMENT 1: \Team\Records Management\Real Property Subordination. Non - Disturbance, Attomment and Estoppel Agreement Release \Tigard Auto Stop Partnersl8.doc -Q C- 531R_OR.DOC (Rev. 08/02) YIIIPIIIIIIII IIIIMNIY COLORADO NOTARY ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) On this 10'" day of December 2003, before me, the undersigned Notary Public in and for said State, personal[ly appeared Roger Widdowson as Assistant Vice President of Wells Fargo Bank, National Association, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument (lie person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) SHARON L. JONES NOTARY PUBLIC STATE OF COLORADO My Commission Expires 5116/2005 r No ary Public'— 9tate Colo My Commission expires: 1740 Broadway, Denver, CO 80274 DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES THIS DEED OF TRUST AND ASSIGNMENT (thls'Deed of Trust' Is executed as of January 1, 1998, by TIGARD a AUTO STOP PARTNERS, A WASHINGTON GENERAL PARTNERSHIP ('Grantor,, to WELLS FARGO BANK (ARIZONA), NATIONAL ASSOCIATION r7rustee"), for the benstlt of WELLS FARGO BANK, NATIONAL ASSOCIATION ('Boneticlary"). P ARTICLE 1. GRANT INTRUST 1,01 9JRW For the purposes and upon the terms and conditions In INS Deed of Trust, Grantor Irrevocably grants, convoys and assigns to Trustee, In trust for the benefit of Beneficiary, with power of sale and fight of entry and possession, Grantors Inter" in: (a) all real property located In WASHINGTON County, Oregon, and described on Fachlbit A attached hereto; (b) all easements, rights -of -way and lights used In connection with or as a means of access to any portion of sold real property; (c) all tenements, heraditaments and appurtenances thereof and thereto; (d) all right, title and interest of Grantor, now owned or hereafter acquired, In and to any land lying within the right -of -way of any street, open or proposed, adjoining said real property, and any and ail sidewalks, alloys and strips and gores of land adjacent to or used In connection with said real property; (e) all buildings, Improvements and landscaping now or hereafter erected or located on said real property; (0 all development rights, governmental or l-g quasovernmental licenses, permlls or approvals, zoning rights and other similar rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all mkteral rights, 4 oil and gas rights, air rights, water or water rights, ImIuding without limitation, all walls, canals, ditches and �p reservoirs of any nature and all rights thereto, appurtenant to or associated with said real property, whether decreed or undecraad, tributary or non - tributary, surface or underground, appropriated or unappropriated, and all shares of i-- stock In any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights �C and other evidences of any such rights; and (h) all interest or estate which Grantor now has of may hereafter acquire 9 In said real property and all additions and accretions thereto, and all awards or payments made for the taking of all 3 or any portion of said real property by eminent domain or any proceeding or purchase In lieu thereof, or any damage to any portion of said real property (collectively, the 'Subject Property'). The listing of specific rights or property shall not be Interpreted as a limitation of general terms. 1.02 Address The address of the Subject Property (if known) Is; 12036 SW PACIFIC HIGHWAY, TIGARD, OR 97223. Neither the failure to designate an address nor any Inaccuracy irr the address designated shall affect the validity or priority of the lien of this Deed of Trust on the Subject Property as described on Exhlblt A. In the event of any conflict between the provlslons of Exhibit A and said address, Exhibit A shall control. PEED OF TRUST With Asalgnment or Rents (03107), Page 1 STATE OF OREGON 89 County of Washington 1, Jerry P. Hanson Dlrocilor of Assess- ment and Tampon and Ek -OMkdo County ^lurk for sold county, do harelyy certify that the within Instrumeni of writing was received QQ Recording Requested By, And when to return to: and reoonled in book off 00Vnty WELLS FARG BA NK, NATIONAL ASSOCIATION 201 3rd Street, filth Floor Jerry R. Hanson Director of 4Lailom Ex- San Francisco, CA 94163 Aaseetuaent and OraeloCounty Clork Attention: Loan Documentation #03836 Doc 1 98009771.2 Tax Account Number(s) of Subject Property: Rect: 202340 100.00 02/03/1998 03:47:42pm 4802452812AA -01100 DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES THIS DEED OF TRUST AND ASSIGNMENT (thls'Deed of Trust' Is executed as of January 1, 1998, by TIGARD a AUTO STOP PARTNERS, A WASHINGTON GENERAL PARTNERSHIP ('Grantor,, to WELLS FARGO BANK (ARIZONA), NATIONAL ASSOCIATION r7rustee"), for the benstlt of WELLS FARGO BANK, NATIONAL ASSOCIATION ('Boneticlary"). P ARTICLE 1. GRANT INTRUST 1,01 9JRW For the purposes and upon the terms and conditions In INS Deed of Trust, Grantor Irrevocably grants, convoys and assigns to Trustee, In trust for the benefit of Beneficiary, with power of sale and fight of entry and possession, Grantors Inter" in: (a) all real property located In WASHINGTON County, Oregon, and described on Fachlbit A attached hereto; (b) all easements, rights -of -way and lights used In connection with or as a means of access to any portion of sold real property; (c) all tenements, heraditaments and appurtenances thereof and thereto; (d) all right, title and interest of Grantor, now owned or hereafter acquired, In and to any land lying within the right -of -way of any street, open or proposed, adjoining said real property, and any and ail sidewalks, alloys and strips and gores of land adjacent to or used In connection with said real property; (e) all buildings, Improvements and landscaping now or hereafter erected or located on said real property; (0 all development rights, governmental or l-g quasovernmental licenses, permlls or approvals, zoning rights and other similar rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant to, said real property; (g) all mkteral rights, 4 oil and gas rights, air rights, water or water rights, ImIuding without limitation, all walls, canals, ditches and �p reservoirs of any nature and all rights thereto, appurtenant to or associated with said real property, whether decreed or undecraad, tributary or non - tributary, surface or underground, appropriated or unappropriated, and all shares of i-- stock In any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights �C and other evidences of any such rights; and (h) all interest or estate which Grantor now has of may hereafter acquire 9 In said real property and all additions and accretions thereto, and all awards or payments made for the taking of all 3 or any portion of said real property by eminent domain or any proceeding or purchase In lieu thereof, or any damage to any portion of said real property (collectively, the 'Subject Property'). The listing of specific rights or property shall not be Interpreted as a limitation of general terms. 1.02 Address The address of the Subject Property (if known) Is; 12036 SW PACIFIC HIGHWAY, TIGARD, OR 97223. Neither the failure to designate an address nor any Inaccuracy irr the address designated shall affect the validity or priority of the lien of this Deed of Trust on the Subject Property as described on Exhlblt A. In the event of any conflict between the provlslons of Exhibit A and said address, Exhibit A shall control. PEED OF TRUST With Asalgnment or Rents (03107), Page 1 ARTICLE II, OBUOATIONS SSCURED 2.01 Obligations Secured Grantor makes this grant and assignment for the purpose of securing the following obligations (each, a "Secured Obligation' and collectively, the 'Secured Obligations'): (a) payment to Beneficlary of all sums at any time owing and performance of all other obligations arising under OF In connection with that certain promissory note {'Note's dated as of January 1, 105, In the maximum principal amount of $606,360.00, with interest as provided therein, executed by TIGARD AUTO STOP PARTNERS and payable to Beneficiary or its order, and finally maturing on July 1, 2006, together with the payment and performance of any other Indebtedness or obligations incurred In connection with the credit accommodation evidenced by the Note, whether or not specifically referenced therein; and (b) payment and performance of all obligations of Grantor under this Coed of Trust, together with all advances, payments or other expenditures made by Beneficiary or Trustee as or for the payment or performance of any such obligations of Granter; and (c) payment and performance of all obligations. If any, and the contracts under which they arise, which any rider attached to and recorded wfth this Deed of Trust recites are secured hereby; and (d) payment and performance of all future advances and other obligations that the then record owner of the Subject Property may agree to pay andfor perform (whether as prinolpal, surety or quaramor) for the benefit of Benellctary, when any such advance or other obligation Is evidenced by a writing which recites that It Is secured by this Deed of Trust; and (e) all modifications, extensions and renewals of any of the Secured Obligations pnoludlog without limitation, modifications, extensions or renewals at a different rate of interest, or (Ili deferrals or accelerations of the required principal payment dates or Interest payment dates or both, In whole or in part), however evidenced, whether or not t any such modification, extension or renewal is evidenced by a new or addhlonal promissory note or notes. Grantor acknowledges that the terms of one or more of the Secured Obligations may provide that the Interest rate Is subject to adjustment, both upward or downward adjustments and adjustments that may Increase or decrease the amount of periodic payments or may extend or shorten the term of this Deed of Trost, or both. The priority of this Deed of Trust shall not be affected by any such terms, 2.02 0IIaatlons The term 'obligations' Is used herein In its most comprehensive sense and Includes any and all advances, debts, obligations and liabilities heretofore. now or hereafter made, Incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unllquidated, determined or undetermined, joint or several, including without limitation, all principal, Interest, charges, including prepayment charges and late charges, and loan fees at any time accruing or assessed on any Securnd Obligation. 2.03 Incomoration All terms of the Secured Obligations are incorporated herein by this reference. All persons who may have or acquire an Interest in the Subject Property are hereby deemed to have notice of the terms of the Secured Obligations and to have notice, If provided therein, that: (a) the Note or any other Secured Obligation may permit borrowing, repayment and reborrowing; end (b) the rate of Interest on one or more of the Secured Obligations may vary from time to time. ARTICLE 111. ASSIGNMENT OF RENTS 3.01 Assignment For the purposes and upon the terms and conditions sal forth herein. Grantor irrevocably assigns to Beneficiary all of Grantor's right, We and Interest in, to and under all leases, licenses, rental agreements and other agreements of any kind relating to the use or occupancy of any of the Subject Property, whether existing as of the date hereof or at any time hereafter entered Into, together with all guarantees of and security for any tenant's of'.essee's performance thereunder, and all amendments, extensions, renewals and modifications thoroto DEED OF TRUST VM Aesraivnenl or Rettig (OLe 2 7), Pege 2 v l (each, a "Lease" end collectively, the "Leases'), together with any and all other rents, Issues and profits of the Subject Property (collectively, "Rents'. This Assignment shall not impose upon Beneficiary any duly to produce Rents from the Subject Property, nor cause Beneficiary to be: (a) a "modgageo In possession' for any purpose; (b) responsible for perfornAng any of iho obligations of the lessor or landlord under any Lease; or (c) responsible for any waste committed by any person or entity at any time in possession of the Subject Property or any part thereof, or for any dangerous or defective condition of the Subject Property, or for any negllgonee In the management, upkeep, repair or control of the Subject Property. This Is a present and absolute assignment, not an asslgnment for security only, and Seneflclary's right to Rents is not contingent upon and may be exercised without possession of the Subject Property. Grantor agrees to execute and deliver to Beneficiary, within five (5) days of Beneficiary's written request, such additional documents as Beneficiary or Trustee may reasonably request to furlhw evidence the assignment to Beneficiary of any and all Leases and Rants. 3.02 PrOtectlon of SeCMIA To protect (Ile security of this Assignment, Grantor agress: (a) At Grantor's sole cost and expense: (I) to perform each obligation to be performed by the lessor or landlord under each Lease and to enforce or secure the performance of each obligation to be performed by the lessee or tenant under each Lease; 09 not to modify any Lease In any material respect, not accept surrender under or terminate the term of any Lease: 0I4 not to anticipate the Rants under any Lease; and (iv) not to waive or release any lessee or tenant of or from any Lease obligations. Grantor assigns to Beneficiary all of Grantors right and power to modify the terms of any Lease, to accept a surrender under orterminate the farm of or anticipate the Rents under any Lease, and to waive or releaso any lessee or tenant of or from any Leese obligations, and any attempt on the part of Grantor to exercise any such rights or powers without Beneficiary's prior written consent shall be a breach of the terms hereof, (b) At Grantor's sole cost and expense, to defend any action In any manner connaded with any Lease or the obligations thereunder, and to pay all costs of Beneficiary or Trustee, Including reasonable attorneys' fees, In any such action In which Benopdary or Trustee may appear, (c) That, should Grantor fall to do any act required to be done by Grantor under a Lease, then Beneficiary or Trustee, but without obligation to do so and without notice to Grantor and without reieasing Grantor from any obligation hereunder, may mako or do the same In such manner and to such extent as Beneficiary or Trustee deems necessary to protect the security hereof, and, In exercising such powers, Beneficiary or Trustee may employ attorneys and other agents, and Grantor shall pay necessary costs and reasonable attorneys' fees incurred by Beneficiary or Trustee, or their agents, In the exercise of the powers granted herein. Grantor shall give prompt notice to Beneficiary of any default by any lessee or tenant under any Loose, and of any notice of default on the part of Grantor under any Lease received from a lessee Or tenant thereunder, together with an accurate and complete copy thereof. (d) To pay to Benaftclary immediately upon demand all sums expended under the authority hereof, including reasonable attorneys' fees, together with Interest thereon at the highest rate per annum payable under any Seared Obligation, and the same, at Beneficiary's option, may be added to any Secured Obligation and shall be secured hereby. 3.03 License Beneficiary confers upon Grantor a license (11censel to collect and retain the Rents as, but not before, they come due and payable, until the occurrence of any Default, Upon the occurrence of any Default, the License shall be automatically revoked, and Beneficiary or Trustee may, at Beneficiary's option and without notice, either in person or by agent, with or without bringing any action, or by a receiver to be appointed by a court (a) enter, take possession of, manage and operate the Subject Property or any part thereof: (b) make, cancel, enforce or modify any Lease; (c) obtain and evict tenants, fix or modify Rents, and do any acts which SonoAciary or Trustee deems proper to protect the security hereof; and (d) either with or without taking possession of the Subject Properly, In its own name, sue for or otherwise tolled and receive all Rents, including those past due and unpaid, and apply the same In accordance with We provisions of this Deed of Trust. The entering and taking possession of the Subject Property, the collection of Rents and The application thereof as aforesaid, shall not cure or waive any Default, nor waive, modify or affect any notice of default hereunder, nor invalidate any act done pursuant to any such notice. The License shall not grant to Beneficiary or Trustee the right to possession, except as provided In this Deed of DEED OF TRUST with Aactgnnwnl of Renle (0347), Page 3 Trust. 3.04 Asslonrnant of Lessee Perfected The assignment by Grantor of the Leases and Rents In this Article IIi Is Intended to be perfected upon the recording of this Dead of Trust as provided In ORS 93.806, ARTICLE IV, RIGHTS AND DUTIES OF THE PARTIES 4.01 M. Grantor warrants that, except as disclosed to Beneficiary prior to the date hereof It it writing which refers to this warranty, Grantor lawfully possesses and holds fee simple title to, or If permitted by Beneficiary In writing a leasehold Interest In, the Subject Property without llmltatlon on the right to encumber, as herein provided, and that this Deed of Trust Is a valid Ran on the Subject Property and all of Grantor's Interest therein. 4.02 Taxes and Assessments Subject to the right, if any, of Grantor to contest payment of the following pursuant to any other agreement between Grantor and Beneficiary, Grantor shall pay prior to delinquency all taxes, assesamonts, levies and charges Impusod; (a) by any public or quad- public authority or utility company which era or which may become a Ilan upon or cause a loss In value of the Subject Property or any Interest thoreln: or (b) by any public authority upon Beneflolary by reason of its interest In any Scoured Obligation or In the Subject Property, or by reason of any payment made to Beneficiary pursuant to any Secured Obligation; provided however, that Grantor Pholl have no obligation to pay any Income taxes of Bonofioiary. Promptly upon request by Beneficiary, Grantor shell fumfsh to Beneftolary satisfactory evidence of the payment of all of the foregoing. Beneficiary is hereby authorized to request and receive from the responsible governmental and nongovernmental personnel written statements with respect to the accrual and payment of any of the foregoing. 4.03 Rerformance of Secured Oblioatlons Grantor Shall promptly pay and perform each Secured Obligation when due. 4.04 Liens, Encumbrances and Charaas Grantor shall Immediately discharge any Ilan on the Subject Property not approved by Beneficiary In writing. Except as otherwise provided In any Secured Obligation or other agreement with Beneficiary, Grantor shall pay when due all obligations secured by or reducible to liens and encumbrances 1 which shall now or hereafter encumber the Subject Property, whether senior or subordinate hereto, Inciuding without limitation, any construction liens. 4.05 Insurance Grardor shall Insure the Subject Property against loss or damage by fire and such other risks as Benellctary shall from time to time require, Grantor shall carry public liablilty Insurance, flood Insurance as roqulred by applicable law and such other Insurance as Boneficiary may reasonably require, Including without limitation, business Interruption insurance or loss of rental value Insurance. Grantor shall maintain all required insurance at Grantor's expense, under policies Issued by companies and In forth and substance satisfactory to Beneficiary. Neither Beneficiary nor Trustee, by reason of accepting, rejecting, npproving or obtaining Insurance, shall Incur any liability for. (a) the existence, nonexistence, form or legal sufficiency thereof; (b) the solvency of any insurer, or (c) the payment of losses. All policies and certificates of krsurenco shall name Beneficiary as Ibss payee, and shall provide that the Insurance cannot be terminated as to Beneficiary except upon a minimum of ten (10) days' prior written notice to Beneficiary. Immediately upon any request by Beneficiary, Grantor shall deliver 10 Beneficiary the original of all such policies or certificates, with receipts evidencing annual prepayment of the premiums. The following notice Is provided pursuant to ORS 746.201: Unless Grantor provides Beneficiary with evidence of the insurance coverage as required by this Deed of Trust or any other agreement between Grantor and Beneficiary, Beneficiary may purchase insurance at Grantor's expense to protect Beneficlary's Interest. This Insurance may, but need not. also protect Grantors interest. If the collateral becomes damaged, the coverage Beneficiary purchases may nol pay any claim Grantor makes or any claim made against Grantor. Grantor may later cancel this coverage by providing evidence that Grantor has obtained property coverage elsewhere. Grantor Is responsible for the cost of any Insurance purchased by Beneficiary. The cost of this DEED OF TRUST Mth Assignment or Rents (03101), Page 4 Insurance may be added to the loan balance, It the cost Is added to the loan balance, the Interest rate on the underlying loan will apply to this added amount. The effective date of coverage may be the date Grantor's prior Coverage lapsed or the dale Grantor failed to provide proof of coverage, The coverage Beneficiary purchases may be considerably more expensive than the Wurance Grantor can obtain on Its own and may not satisfy any need for properly damage coverage or any mandatory liability Insurenos requirements Imposed by applicable law, 4.08 jAL Ingurance Imag unds. At Beneficiary's option and upon Its demand, Grantor shall, until all Secured Obligations have been paid In full, pay to Beneficiary monthly, annually or as otherwise directed by Beneficiary an amount estimated by Beneficiary to be equal to; (a) all taxes, assessments, levies and charges Imposed by any public or quasi - public authority or utility company which are or may become a Ban upon the Subject Property and will become due for the tax year during which such payment Is so directed; and (b) premiums for fire, other hazard and mortgage Insurance next due. If Beneficiary determines that amounts paid by Grantor are insufficient for the payment In full of such taxes, assessments, levies and/or Insurance premiums, BerieRGary shall notify Grantor of the Increased amount required for the payment thereof when due, and Grantor shall pay to Beneficiary such addlllonal amount within thirty (30) days after notice from Beneficiary. All amounts so paid shall not bear Interest, exoepl to the extent and In the amount required bylaw. So long as there Is no Default, Beneficiary shall apply said amounts to the payment of, or at Beneficlarys sole option release sold funds to Grantor for application to and payment of, such taxes, assessments, levies, charges and insurance premiums. if a Default exists, Beneficiary at Its sole option may apply all or any part of said amounts to any Secured Obligation and/or to cure such Default, In which evert Grantor shall be required to restore all amounts so applied, as well as to cure any Default not cured by such application. Grantor hereby grants and transfers to Beneficiary a security interest In an amounts so paid and held In Beneficiary's possession, and all proceeds thereof, to secure the payment and performance of each Secured Obligation. Upon assignment of this Deed of Trust, Beneficiary shall have the right to assign oil amounts collected and In its possession to Its assignee, whereupon Beneficiary and Trustee shall be releasod from all Vabigty with respect thereto. The existence of said Impounds shall not limit Beneficlarys rights under any other provision of this Deed of Trust or any other agreement, statute or rule of law. Within nloety -five (85) days following fug repayment of all Secured Obilgallons (other than as a consequence of a foreclosure or conveyance In lieu of foreclosure of the liens and security Interests securing any Secured Obligation), or at such earlier time as Beneficiary In Its discretion may elect, the balance of all amounts collected and In Beneficiary's possesslon shall be paid to Grantor, and no other party shall have any right of claim thereto. 4.07 Damaa Insurance and Condemnetlo (a) (1) All awards of damages and all other compensation payable directly or Indirectly by reason of a condemnation or proposed condemnation (or transfer In lieu thereof) for public or private use affecting the Subject Property; pi) all other claims and awards for damages to or decreaso in value of the Subject Property, 010 all proceeds of any insurance policies payable by reason of loss sustained to the Subject Property; and (w) all Interest which may accrue on any of the foregoing, are all absolutely and Irrevocably assigned to and shall be paid to Beneficiary. At the absolute discretion of Beneficiary, whether or not Its security Is or may be Impaired, but subject to applicable law If any, and without regard to any requirement contained in any other Section hereof, Beneficiary may apply all or any of the proceeds It receives to its expenses in settling, prosecuting or defending any such claim and apply the balance to the Secured Obligations in any order, and release all or any part of the proceeds to Grantor upon any conditions Beneficiary may impose. Beneficiary may commence, appear in, defend or prosecute any assigned claim or action, and may adjust, compromise, settle and collect all claims and awards assigned to Beneficiary; provided however, that In no event shall Beneficiary be responsible for an % failure to collect any clalm or award, regardless of the cause of the failure. (b) At Its sole option, Beneficiary may permit Insurance or condemnation proceeds held by beneficiary to be used for repair or restoration but may Impose any conditions on such use as Beneficiary deems necessary. 4.08 Maintenance and Preservation of Su lest PrOBe . Subject to the provisions of any Secured Obligation, Grantor covenants: DEER OF TRUST With Aulanrmnt of Rents WWI. Page e _ (a) to keep tht Subject Property In good oondllion and repair; (b) oxcept whh BanoflclaWs priorwritten consent, not to remove or demolish the Subject Property, nor altar, restore or add to the Subject Property, nor Initiate or acquiesce In any change in any zoning or other land classlllcatlon which effects the Subject Property; (c) to restore promptly and In good workmanlike manner any portion of the Subject Property which may be damaged or destroyed, unless Beneficiary rmquires that all of the Insurance proceeds be used to reduce the Secured Obligations as provided In Section 4.07 haroof; (d) to comply with and not to suffer violation of any or all of the following which govern acts or conditions on, or othorwlse effect the Subject Property: (1) laws, ordinances, regulations, standards and judicial and adminisfratIve rules and orders; (tl) covenants, conditions, restrictions and equitable servitudes, whether public or private; and (81) requirements of Insurance comp&nlas and any bureau or agency which aslatWIshes standards of Insurabolly; (e) dal to commit or permit waste of the Subject Property; and (/) to do all other We which from the character or use of the Subject Property may be reasonably necessary to maintain and preserve Its value. 4,08 Hazardous Substencem Environmentat Provialons Grantor represents and warrants to Beneficiary as follows: (a) Except as disclosed to Beneficiary In writing prior to the date hereof, the Subject Property Is not and has not been a site for the use, generation, manufacture, storage, treatment, disposal, release or threatened release, transportation or presence of any substances which are "hazardous substances," "hazardous wastes,' 'hazardous materials" or "toxic substances" under the Hazardous Materials laws, as defined below, and/or other applicable environmental laws, ordinances and regulations (collectively, the "Hazardous Materials "). (b) The Subject Property Is in compliance with all laws, ordinances and regulations relating to Hazardous Materials (collectively, the 'Hazardous Materials Laws7, including wllhout Ilmltation, the Clean Air Act, the Federal Water Pollution Control Act, the Federal Resource Conservation and Recovery Act of 1878, the Comprehensive Environmental Response, Compensollon and Liability Act of 1880, the Superfund Amendments and Reauthorization Act of 1988, the Federal Toxic Substances Control Act and the Occupational Safety and Health Act, as any of the same may be amended, modified or supplemented from time to time, and any other applicable federal. state or local environmental laws. and any rules or regulations adopted pursuant to any of the foregoing. (c) There are no claims or actions pending or threatened against Grantor or the Subject Property by any governmental entity or agency, or any other person or entity, relating to any Hazardous Materials or pursuant to any Hazardous Materials Laws. (d) Grantor hereby agrees to defend, Indemnity and hold harmless Beneficiary, Its directors, officers, employees, agents, successors and assigns, from and egaBut any and all losses, damages. 11abiNlles, claims, actions, judgments, court costs and legal or other expenses (including without Umitatlon, attomeys' fees and expenses) which Beneficiary may incur as a direct or Indirect consequence of the use, aerreration, manufacture, storage, treatment, disposal, release or threatened release, transportation or presence of Hazardous Materials In, on, under or about the Subject Property. Grantor shall pay to Beneficiary immediately upon demand any amounts owing under this Indemnity, together with interest from the date of demand until paid M full at the highest rate of Interest applicable to any Secured Obligation. GRANTOR'S DUTY AND OBLIGATION TO DEFEND, INDEMNIF`! AND HOLD HARMLESS BENEFICIARY SHALL SURVIVE 7HE CANCELLATION OF THE SECURED OBLIGATIONS AND THE RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANCE OF THIS DEED OF TRUST. (e) Grantor shall Immediately advise Beneficiary in writing upon Grantor's discovery of any occurrence or condition on the Subject Property, or on any real property adjoining or in the vicinity of the Subject Property that does or could cause all or any part of the Subject Property, to be contaminated with any Hazardous Materials or otherwise be in DEED OF TRUST with Assignment of Rents (OWOT), Paae e 6 violation of any 1•12zardous Materials Laws, or cause the Subject Properly to be subject to any rostrUlons on the ownership, occupancy, tiansferablilty or use thereof under any Hazandous fJlelerials Laws. 4,10 PlZigilan of Security. Grantor shalt, at Grantors solo expense: (a) protect, preserve and defend the Subjecl Property and Grantors title and fight to possession of the Subject Property against all adverse claims; (b) It Grantors Interest In the Subject Property is a leasehold interest or estate, pay and perform In a timely manner sit obllgatl"ll to be paid andror performed by the lessee or tenant under the leaso or other agreement creating such leasehold Interest or estate; and (c) Protect, preserve and defend the security of this Deed of Trust and the rights and powers of Beneficiary and Trustee under this Deed of Trust against all adverse claims. Grantor shall give Beneficiary and Trustee prompt notice In writing of the assertion of any claim, the filing of any action or proceeding, or the occurrence of any damage, condamnal[on offer or other action relating to or affecting the Subject Property and, If Grantors Interest In the Subject Property Is a leasehold Interest or estate, of any notice of default or demand for performance under the lease or other agreement pursuant to which such leasehold Interest or estate was created or exists. 4.11 Acceptance of Trust: Powers and Dutlas of Tw igs. Trustee accepts this trust when this Deed of Trust Is exeouled. From time to time, upon wraten request of Denofiolary and, to the extent required by applicable law presentation of this Deed of Trust for endorsement, and wltnout affecting the personal liability of any person for payment of any indebtedness or performance of any of the Secured Obligations, Soneflciary, or Trustee at Senefclary's direction, may, without obligation to do so or liability therefor and without notice: (a) reconvey all or any part of the Subject Property from the lion of this Deed of Trust; (b) consent to The making of any map or plat of the Subject Property; and (0) Join in any grant of easement thereon, any declaration of covenants and restrictions, any extension agreement or any agreement subordinating the lien or charge of this Deed of Trust. Trustee or Beneficiary may from 11016 to time apply to any coup of competent jurisdiction for aid and direction In the execution of the trusts and the enforcement of the rigrtts and remedies avallabie under this Deed of Trust, and may obtain orders or decrees dlrecl[ng, confirming or approving ads In the ex6WIOn of said trusts and the enforcement of said rights and remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding (Including, but not limftotl to, actions in which Grantor, Beneficiary or Trustee shall be a potty) unless held or commenced and maintalned by Trustee under [his Deed of Trust. Trustee shall not be obligated to perform any act required of It under this Deed of Trust urdess the performance of the act Is requested In venting and Trustee Is reasonably Indemnified against all losses, costs, Ilabllities and expenses In connection therewith, 4.12 Compensation; Ear my padop• Indemnlficatlon (a) Grantor shall pay ON Trustee's fees and reimburse Trustee for all expenses In the administration of this trust, Including reasonable attomeys' fees. Grantor shall pay Beneficiary reasonable compensation for services rendered concerning this Deed of Trust, Including without limitation, the providing of any statement of amounts owing under any Secured Obligation. Beneficiary shall not directly or Indirectly be liable to Grantor or any other person as a consequence of: (i) the exercise of any rights, remedies or powers granted to Beneficiary In this Deed or Trust; 00 the failure or refusal of Beneficiary to perform or discharge any obligation or liability of Grantor under this Deed of Trust or any Lease or other agreement rotated to the Subject Property; or pill any loss sustained by Grantor or any third party as a result of Beneficiary's failure to lease the Subject Property after any Defouk or from any other act or omission of Beneficiary In managing the Subject Property after any Default unless such loss Is caused by the willful misconduct or gross negligence of Beneficiary; and no such liability shall be asserted or enforced against Beneficiary, and all such liability h hereby expressly waived and released by Grantor. (b) Grantor shall indemnity Trustee and Beneficiary against, and hold them harmless from, any and all tosses, damages, liabilities, claims, causes of action, judgments, court costs, attomeys' fees and other legal expenses, costs of evidence of title, costs of evidence of value, and other expenses which either may suffer or incur. ® by mason of this Deed of Tntst; (If) by reason of the execution of this trust or the performance of any act required or permitted hereunder or by taw; (Iii) as a result of uny failuro of Grantor to perform Grantors obligaL'ons; or {Iv) by reason of any alleged obligation or undertaking of Beneficiary to perform or discharge any of the represenlatlons, warranties, conditions, covenants or other obligations contained in any other document related to the Subject Property, including without limitation, The payment of any taxes, assessments, rents or other lease obligations, liens, encumbrances or Other obligations of Grantor under this Deed of Trust. Grantors duly to Indemnity Trustee and Beneficiary shall DEED OF TRUST Whh Assigirnant of Rsnra 103/97), Page 7 7 survive the payment, discharge or cancellation of the Secured Obligations and the release of roeonveyance, In Whole or In pan, of this Deed of Trust. (c) Grantor shall pay all Indebtedness arising under this Section 4.12 Immediately upon demand by Trustee or Bsnolloiary, together with Interest thereon from the dale of demand until paid In full at the highest rate per annum payable under any Secured Obligation. Beneficiary may, at Its option, add any such Indebtedness to any Secured Obligation, 4.13 Sub;liltutlon of Trustees from tiro to time, by a wriling signed and acknowledged by Benellolary and recorded in the Office of the Recorder of each County in which the Subject Properly is situated, Beneficiary may appoint another trustee to act in the place and stead of Trustee or any successor. Such writing shall set forth the recordation date and any fecording or other information required by taw. The recordation of such Instrument of substitution shall discharge Trustee herein framed and shall appoint the now trustee as the tnrslee hereunder with the same effect as if originally named Trustee herein, A writing recorded pursuant to the provisions of this Section 4.13 shall be conclusive proof of the proper aubsmutlon of such new Trustee. 4,14 Due on sale or Encumbrance Except as permitted by the provisions of any Secured Obligation or applicable low, if the Subject Property or any Interest therein shall be sold, transferred (including without Ilmdallon, where applicable, through sale or transfer of a majority or controlling Interest of the corporate stock, or any general partnership, limited liability company or other similar Interests of Grantor), mongsged, assigned, encumbered or leased, whether voluntarily, involuntarily or by operation of law (each of which scttons and events Is called e 'Transfef'5, without Baneflolary's prior written consent, THEN Beneficiary may, at Its sole option, declare all Secured Obligations immediately due and payable In full. Grantor shall notify Beneficiary In writing of each Transfer witi9n ten (10) business days of the date thereof, 4,15 Roleats es . F-mensionf, Mocifficallons and 1 el uTIg. Without notice to or the consent, approve' or agreement of any persons or entitles having any interest at any time in the Subject Property or In any manner obligated under any Secured Obligation (each, an *Interested Party'), Beneficiary may, from time to eme, release any Interested Party from liability for It's payment of any Secured Obligation, take any action or make any agreement extending the maturvy or otherwise altering the terfns or Increasing the amount of any Secured Obligation, accept additional security, and enforce, waive, subordinate or release all or a portion of tho Subject Property or any other security for any Secured Obligation. None of the foregoing actions shall release or reduce the personal liability of any Interested Party, nor release or Impair the priority of the lion of this Deed of Trust upon the Subject Properly. 4.16 Eeconvevance Upon Beneficiary's written request, and solely to the extent required by applicable tow upon surrender of this Deed of Trust and every note or other Instrument setting forth any Secured Obligations to Trustee vered for hereby, cancellation, rom the lien t this Deed of Trust. The warranty, eGlals of any matters orr n foots In any reconveyance ex hereunder shall be conclusive proof of the truthfulness thereof. To the extent permitted by law, the reconvoyance may describe the grantee as 'the person or persons legally entitled thereto.' Neither Beneficiary nor Trustee shell have any duty to detormine the rights of persons claiming to be rightful grantees of any reconveyance. Whon the Subject Property has been fully reconveyed, the last such roconveyance shag operate as a reassignment of all future Rents to the person or persons legally entitled thereto. Upon Bonegciar es demand, Grantor shall pay all costs and expenses Incurred by Beneficiary in connection with any reconveyance. 4.17 jggl2RAP-011. Beneficiary shall be subrogated to the den of all encumbrances, whether or not released of record, paid in whole or in part by Beneficiary pursuant to this Dead of Trust or by the proceeds of any Secured Obligation. 418 t e I o As used in this Section 4.18, the term 'Obligor' shall mean each person or entAy obligated In any manner under any of the Secured Obligations; and the term 'Third Party Grantor' shall mean (1) each person or entity Included in the dafinillon of Grantor herein and which Is not en Obligor under all of the Secured Obligations, and (2) each person or entity Included in the definition of Grantor herein if any Obligor Is not included in said definition. DEED OF TRUST With A"Ignrwnt of Rents (03M?h PADS 8 (a) Boor esentatlons and warrant Each Third Party Grantor represents and warrants to Usneliclary that: (1) thlo Ned of Trust Is executed at an Obligor's request; (11) this Deed of Trust complies WW11 all agreements between each Third Party Grantor and any Obligor regarding such Third Party Grantor's execution hereof; (aq Benellolary has made no representation to any Third Party Grantor as to the creditworthiness of any Obligor, and (Iv) each Third Party Grantor has established adequate means of obtaining from each Obligor on a continuing basis financial and other Information pertaining to such Obligor's financial condition. Each Third Pony Grantor agrees to keep adequately Informed from such means of any facts, events or olrcumstances which might In any way affect such Third Party Grantor's risks hereunder. Each Third Party Grantor further agrees that Beneficiary shall have no obllgatlon to disclose to any Third Party Grantor any Infomrelton or material about any Obligor which Is acquired by Beneficiary in any manner. The liability of each Third Party Grantor hereunder shall be reinstated and revived, and the rights of Beneficiary shall continue If and to the extant that for any reason any amount at any Ume pald on account of any Secured Obligation Is rescinded or must otherwise ba restored by Beneficiary, whether as a result of any proceedings In bankruptcy or reorganization or otherwise, all as though such amount had not been paid. The determination as to whether any amount so paid must be rescinded or restored shall be made by Seneficlary In its sole discretion; provided however, that if Beneficiary chooses to contest any suoh matter at the request of any Third Party Grantor, each Third Party Grantor agrees to Indemnify and hold Seneliclary harmless from and against all costs and expenses, Including reasonable attorneys' fees, expended or incurred by Beneficiary in connactlon therewith. Including without limitation, in any litigation with respect thereto, (b) Wmlvers (1) Each Third Pony Grantor waives any right to require Bonefidary to: (A) proceed against any Obligor or any other person; (B) marshal assets or proceed against or exhaust any security held from any Obligor or any other person; (C) give notice of the terms, time and place of any public or private sale of personal property security held from any Obligor or any other person, or otherwise comply with any other provisions of Section 9504 of the Oregon Uniform Commercial Code; (D) take any action or pursue any other remedy in Sanoficiary`s power, or (E) make any presentment or demand for performance, or give any notice of nonper<ormence, protest, notice of protest or notice of dishonor hereunder or In connection with any obligations or evidences of Indebtedness held by Beneficiary as somrily for or which constitute In whole or in part the Secured Obligations, or in connection with the creation of new or additional obligations. Vi) Each Third Party Grantor waives any defense to Its obligations hereunder based upon or arising by reason of: (A) any disability or other defense of any Obligor or any other person; (B) the cessation or limitation from any cause whatsoever, other than payment in full, of any Secured Obligation; (C) any lack of authority of any officer, director, partner, agent or any other person acting or purporting to act on behalf of any Obligor which Is a corporation, partnership or other type of entity, or any defect in the formation of any such Obligor, (D) the application by any Obligor of the proceeds of any Secured Obligation for purposes other than the purposes represented by any Obligor lo, or Intended or understood by, Beneficiary or any Third Party Grantor, (E) any act or omission by Beneficlary which directly or Indirectly results in or aids the discharge of any Obligor or any portion of any Secured Obligation by operation of law or otherwise, or which In any way Impairs or suspends any rights or remedies of Bepeficiary against any Obligor, (F) any impairment of the value of any Interest In any security for the Secured Obligations or any portion thereof, Including without limitation, the failure to obtain or maintain perfection or recordation of any interest In any such searrily, the rotease of any such security without substitution, and/or the failure to preserve the value of, or to comply with applicable law In disposing of, any such security, or (G) any modification of any Secured Obligation, In any form whatsoever, Including without limitation the renewal, extension, acceleration or other change in time for payment of, or other change in the terms or, any Secured Obligation or any portion thereof, Inducting Increase or decrease of the rate of interest thereon. Until all Secured Obligations shalt have been paid In full, no Third Party Grantor shall have any right of subrogotion, and each Third Party Grantor waives any right to enforce any remedy which Beneficiary now has or may hereafter have agalnst any Oblgor or any other person, and waives any benefit of, or any right to participate In, any security now or hereafter held by Beneficiary. Each Third Party Grantor further waives all rights and defenses it may have arising out of: (1) any election of remedies by Beneficiary, even though that elecllun of remedies, such as a non - Judicial foreclosure with respect to any security for any portion of The Secured Obligations, destroys such Third Party Grantor's rights of subrogation or such Third Party Grantors rights to proceed against any Obligor for reimbursement; or (2) any loss of rights any Third Party Grantor may suffer by reason of any rights, powers or remedies of any Obligor In connection DEED OF TRUST With Autgnvwrnt of Rents (03W), Pago a 9 with any antidefielaney Iowa or any other laws Ilmlling, qualifying or discharging any Obllgoes, obllgatlons, whether by operation of the Oregon bust deed statules (ORB $6.706 through 08.765) as from time to time amended, or otherwltte, Including any rights any Third Party Grantor may have to a fair market value hearing to determine the alze of it dsnoleney following any trustee's foreclosure sale or other disposition of any security for any portion of the Secured Obligations. (ill) If any of said waivers Is determined to be contrary to any applicable law or pubild policy, such waiver shall be effective to the extent permitted by applicable law or public, policy. ARTICLE V. DEFAULT PROVISIONS 5,01 Magic The occurrence of any of the following shall constitute a 'Default" under this Deed of Trust; (a) Grantor shall fall to observe or perform any obligation or agreement contained herein; (b) any representation or warranty of Grantor herein shall prove to be Incorrect, false or misleading In any material respect when made; or (a) any default In the payment or performance of any obligation, or any defined event of default, under any provisions of the Note or any other contract, Instrument or document executed In conneotlon with, or with respeot lo, any secured Obligation. 5.02 Rlahts-and Bemedles Upon the occurrence of any Default, and at any time thereafter, SoneficJory and Trustee shah have all the following rights and remedies: (a) With or without notice, to declare all Secured Obligations Immediately due and payable In full, (b) With or without notice, without releasing Grantor from any Secured Obligation and without becoming a mortgagee In possession, to cure any Default of Grantor and, In connection therewith: (I) to enter upon the Subject Property and to do such acts And things as Beneficiary or Tnrsiee deems necessary or desirable to protect the security of this Deed of Trust, Including without limitation. to appoar In and defend any action or proceeding purporting to affect the security of this Deed of Tru " 'he rights or powers of Soneficlary or Trustee hereunder, (II) to pay, purchase, contest or compromise any encumbrance, charge, lien or claim of lien which, In the judgment of either Beneficiary or Trustee, Is senior In priority to this Deed of Trust, the judgment of Beneficiary or Trustee being conclusive as between the parties hereto: 010 to obtain, and to pay any premiums or charges with respect to, any Insurance required to be canted hereunder, and Qv) to employ counsel, accountants, contractors and other appropriate persons to assist them, (c) To Gommen:A and maintain an action or actions In any court of competent jurtsdictlon 0) to foreclose this Deed of Trust as a mortgage or to obtain specific enforcement of the covenants of Grantor under UUs Deed of Trust, and Grantor agrees that such covenants shall be specifically enforceable by injunction or any otter appropriate equitable remedy and that for the purposes of any suit brought under this subsection, Grantor waives the defenses of laohes and any applicable statute of limitations, and (to subject to any specific limhatlons sat forth In any Secured Obligation, to seek recovery of a doficlency judgment against Grantor and any other party liable for payment of the Secured Obligations, concurrently with or following any judicial foreclosure of this Deed of Trust. (d) To apply to a court of competent jurisdiction for and obtain appointment of a receiver of the Subject Property as a matter of strict right and without regard to: p) the adequacy of the security for the repayment of the Secured Obligations; 00 the existence of a declaration that the Secured Obligations are Immediately due and payable; or (ir) the filing of a notice of default; and Grantor consents to such appointment. (e) To lake and possess all documents, books, records, papers and accounts of Grantor or the then owner of the Subject Property; to make or modify Leases of, and other agreements with respect to, the Subject Property upon such terms and conditions as Beneficiary deems proper, arKJ to make repairs, alterations and Improvements to the Subject Property deemed necessary, In Trustee's or Beneficiary's judgment, to protect or enhance the security hereof. (f) To execute or cause Trustee to execute a written notice of such Default and of Its election to cause the subject Property to be sold to satisfy the Secured Obligations . Trustee shag give and record such notice as the law then DEED OF TRUST wUh Aulanrc»M of Rents 10=71, Nee 10 requires as a condition precedent to a trustee's sale. When the minimum period of time required by law after such notice has elapsed, Trustee, without notice to or domand upon Gientor, except as otherwise required by law, shall sell the Subject Property at the time and place of sale fixed by It In the notice of sale, at one or several sales, either as a whole or In separate parcels and in such manner and order, 911 as directed by Beneficiary in its sole discretion, at public auction to the highest bidder for cash, In lawful money of the United States, payable at the time of sale. Except as required by law, nelthor Grantor nor any other person or entity shall have the right to direct the order in which the subject Property Is sold. Subject to requirements and gmKa Imposed by law, Trustee may postpone any $ale of Ilia Subject Property by public announcement at such time and place of sale, and from time to time may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale a deed conveying the Subject Property or portion thereof so sold, but without any covenant or warranty, express or implied. The rocllals In sold deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, Including Trustee, Grantor or Benoficiary, may purchase at such sale. (g) To resort to and realize upon the security hereunder and any other security now or later hold by Beneficiary concurrently or successively and in one or several consolidated or Independent judicial actions or lawfully taken non - judicial proceedings, or both, and to apply the proceeds received to payment of the Secured Obligations, all In such order and manner as Beneficiary shall determine In Its sole discretion. (h) Upon sale of the Subject Property at any judicial or non judlclal foreclosure, Beneficiary may credit bld (as determined by Beneficiary In Its sole discretion) all or any portion of the Secured Obligations. In determining such credit bid, Beneficiary may, but Is not obligated lo, lake Into 0000unl all or any of the following: (I) appraisals of the Subject Property as such appraisals may be discounted or adjusled by Beneficiary in Its solo underwriting discretion; (in expenses and costs Incurred by Beneficiary with respect to tho Subject Proporty prior to foreclosure; (iii) expenses and costs which Beneficiary anticipates will be incurred with respect to the Subject Property after foreclosure, but prior to resale, Including without limitation, costs of structural reports and other due dillgenrxt, costs to cant' the Subject Property prior to resale, costs of resale (e.g., commissions, altomeys' fees, and taxos), Hazardous Materials clean -up and monitoring, deferred maintenance, repair, refurbishment and retrolll, and costs of defending or settling litigation affecting the Subject Properly; (Iv) declining trends In real property values generally and with respect to properties similar to the Subject Property; (v) anticipated discounts upon resale of the Subject Properly as a distressed or foreclosed properly; (A) the existence of additional collateral, If any, for the Secured Obligations; and (vll) such other factors or matters that Beneficiary deems appropriate. Grantor acknowledges and agrees that: (A) Beneficiary Is not required to use any or all of the foregoing factors to determine the amount of its credit bid; (B) thls Soctlon does not impose upon Beneficiary any additional obligations that are not Imposed by low at the time the credit bid Is made; (C) the amount of Beneficiary's credit bid need not have any relatlon to any loan- to -voluo ratios specified In any agreement between Grantor and Beneficiary or previously discussed by Grantor and Beneficiary; and (b) Beneficiary's credit bid may be, at Beneficiarys sole discretion, higher or lower than any appraised value of the Subjoct Property, 5.03 Application o Foreclosure $ale Proceeds After deducting all costs, foes and expenses of Trustee, and of this tool, Including costs of evidence of title and attorneys' fees In connection with a sale, all proceeds of any foreclosure sale shall be applied first, to payment of all Secured Obligations (Including without limitation, all sums expended by Beneficiary under the terms hereof and not then repaid, with accrued Interest at the highest rate per annum payable under any Secured Obligation), in such order and amounts as Beneficiary In Its sole discretion shell determine; and the remainder, If any, to the person or persons legally entitled thereto. 5.04 Application of Other Sums Ali Rents or other sums received by Beneficiary hereunder, less all costs and expenses Incurred by Beneficiary or any receiver, including reasonable attorneys' fees, shall be applied to payment of the Secured Obligations In such order as Beneficiary shall determine in its sole discretion; provided however, that Beneficiary shall have no liability log funds not actually received by Beneficiary. 5.05 No Cure or Waiver Neither Beneficiarys, Trustee's or any receiver's entry upon and taking possession of the Subject Property, nor any collection of Rents, insurance proceeds, condemnation proceeds or damages, other soourity or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligation, nor the exercise of any other right or remedy by Beneficiary, Trusteo or any receiver shall Impair the DEED Or TRUST With Auignmont of Rents (eJlar). Page I / status of the security of this Deed or Trust, or cure or waive any breach, Default or nolica of default under this Deed Of Trust, or nullify the effect of any nolloe of default or sale (unless all Secured Obligations and any other sums then due hereunder have boon paid in full and Grantor has Cured all other Defaults), or prejudice Beneficiary or Trustee In the exotciaa of any right or remedy, or be Construed as an offirmstlon by Beneficinry of any tenancy, lease or option of the 8ubject Property or a subontrisllon of the Ilen of this Deed of Trust, 5 Grantor agrees to pay to Beneficiary Immediately upon demand the full amount of act payments, advances, ohorges, costs and expenses, Including court costs and reasonable attorneys' tees (to Inolude outside counsel fees and all allocated costa of Bene(Iclary's In -house counsen, expended or Incurred by Trustee or Beneflolary pursuant to this Artloie V, whether Incurred at the trial or appellate level, In an arbitration prooeeding or otherwise, and Including any of the foraooing Incurred In connection with any bankruptcy proceeding (includ)no without limitation, any adversary proceeding, contested matter or motion brought by Beneficiary or any other person) relating to Grantor or In any way affeetlag any of the Subject Property or Beneflciary's ability to exercise any of Ira rights or remedies with respect thereto, All of the foregoing shall be paid by Grantor with Interest from the date of demand until paid In full at the highest rate per annum payable under any Secured Oblioatlon. 5.07 C , Grantor hereby Irrevocably appoints Beneficiary and Its successors and assigns ea Grantor's true ettornaylndact to perform any of the following powers, which agency Is coupled with an Interest: (9) to execute and/or r000rd any notices of completion, oessatlon of labor, or any other notices that Beneficiary deems appropriate to protect Senenclary's Interest; and (b) upon the occurrence of any event, act or omission which with the giving of noUoe or the passage or time, or both, would constitute a Default, to perform any obligation of Grantor hereunder; provided however, that Benet!dary, as such aftomey in -fact, shall only be a:countablo for such funds as are actually received by Beneficiary, and Beneficiary shalt not be Noble to Grantor or any other person or entity for any failure to act under this Seollon, 5.08 $$cumulative• No Waiver All rights, powers and remedies of Beneficiary and Trustee hereunder are cumulative and are In addition to all rights, powers and remedies provided by law or In any other agreements between Grantor and Beneficiary. No delay, failure or discontinuance of Beneficiary In exercising any right, power or remedy hereundor shall affect or operate as o waiver of such right, power or remedy; nor shall any single or partial oxerclse of any such right, power or remedy preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other right, power or remedy. ARTICLE VI. MISCELLANEOUS PROVISIONS 8.01 No Meraer No merger shell occur as a result of Soneliclary's acquiring any other estate In, or any other Ilan on, the Subject Property unless Beneficiary specifically consents to a merger in writing. 8.02 Execution of.Docurnnts Grantor agrees, upon demand by Beneficiary or Trustee, to execute any and ail documents and instruments required to effectuate the provisions hereof. 8.03 Rlaht of Inspection Beneficiary or Its agents or employees may enter onto the Subject Property at any reasonable time for the purpose of Inspecting the Subject Property and ascertaining Grantor's compliance with the terms hereof. 8.04 Notices All notices, requests and demands which Grantor or Beneficiary Is required or may desire to give to the other party must be In writing, delivered to Benoliciary at the following address: WELLS FARGO BANK, NATIONAL ASSOCIATION 990 Third Avenue 11th Fl Seattle, WA 88104 Attention: Manager and to Grantor at Its address set forth at the signature Ines below, or at such other address as either party shall designate by writtan notice to the other party in accordance with the provisions hereof, DEED OF TRUST With Aasrgnnwo or Rents te3rari, Page 12 is 6.06 This Deed of Trust 50011 be binding upon and Inure to the benefit of the heirs, exeeulors, adminlslratore , legal repreoenlallves, successors and assigns of the parties hereto; provided however, that this Section does not waive the provisions of Section 414 hereof. Beneficiary reserves the right to sell, assign, transfer, negotiate or gran participations ticipations In all of any part of, or any Interest In, 6eneflolary's rights end benelits under the Note, any and all other Secured Obligations and this Deed of Trust, in connection therewith, BonefICIVY may disclose all documents and information which Beneficiary now has or hereafter acquires relslVnp to the So or Propstty, all or any of the Secured Obligations and/or Grantor and, as sppllcsble, any pattners, loin► venturers or members of Grantor, whether furnished by any Grantor or otherwise. 6.08 R31as of Constructhzn (a) when opproprlate based on the identity of the patties or other olrcumslarMs, the mascullne gender includes the femin}ne or neuter or both and lho singular number includes the plural; (b) the term *Subject Property' means all and any part of or Interest In the Subject Property; (c) all Section headings hereto are for convenience of reference only, are not a part of this Deed of Trust, and she% be disregarded In the itoWetatlon of any portion of this Deed of Trust; (d) If more then one person or entity has executed this Deed of Trust as "Grantor," the obligations of all such Grantors hereunder shall be Joint and several; and (e) all tens of Exhibit A, and each other exhibit and/or rider attached hereto and recorded herewith, are hereby Incorporated Into this Deed of Trust by this reference. 8.07 II any provision of this Deed of Trust shall be hold to be prohibited by or Invalid inv d alida a pp li ca ble g e remainder Df such anyf prohibi remslrtlno provis ons of this Deed of Trust or Invalidity without 6.08 em ^ RnP to geoante e E R MIX. Any mantled person who executes this Deed of Trust as a Grantor and who Is obligated under any Secured Obligation agrees [hat any money judgment which Beneficiary or Trustee obtains pursuant to the terms of this Deed of Trust or any other obilgation of that married person secured by this Deed of Trust may be collected by execution upon that pereon's separate property, and any community property of which that person Is a manager. e.09 j resltlealL _VM. Grantor warrants that this Deed of Trust Is not and will at all times continue not to be a residential deed (as that term Is defined In ORS 86.706 (3) ). 0,10 2gy1ff nn Law This Dead of Trust shall be governed by and construed in accordance with is laws of the State of Oregon. 0.11 Ark/ o- (a) ArblIrglic . Upon the demand of any party, any Dispute shell bo resolved by binding arbitration (except as set etovr) i accordance with the terms in contract or tor hereof. A 'Dispute" shall mean any action, dispute, rJUIrn or forth in (e) b controversy a any kind, whether t, statutory or common law, legal or equitable, now existing or hereafter arising under or in connection with, or In any way pertaining to, Ihis Deed of Trust and each other document, contract and instrument required hereby or now or hereafter delivered to ons of Be and an co nnecti o n herewith (eogecUvoty, the "Documents), or any Past, present transactions or obllgaUons of any kind related directly or Indirectly to any of the Documents, [nciuding without pursuant p any of the foregoing attsing in connection may with ss ac In court 10 pursu 10 compel ant to any of the Documents. Any p Y y Y summary poceodings bring an arbitration of a Dispute. Any party who falls or refuses to submit to arbitration following a lawful demand by any other party shall bear all costs and expenses incurred by such other party in compelling arbitration of any Dispute. (b) C�overnlna Rules Arbitration proceedings shall be administered by the American Arbitration Association {�AAA'y or such 01 O r administrator as the parties shall mutually agree upon in accordance wlth the AAA isputes submitted to arbtratlon shall be resolved In accordance with the Federal Commercial Arbitration Rules. All D Arbitration Act Mle 9 of the United States Code), notwithslanding any conflicting choice of law provision In any of the Documents. The arbitration shall be conducted at a location In Oregon selected by the AAA or other administrator. If there is any Inconsistency between the terms hereof and any such rules, the terms procedures set forth herein shall control. AN statutes of limitation applicable to any Dispute shall apply any arbitration DEED OF TRUST wah Asalgnrrnnt of Rents (07797). P49e 13 /-013 Proceeding. All discovery activities shall be expressly limited to matters directly relevant to the Dispute being arbitrated. Judgment upon any award rendered in en arbiliallon may be entered In any court having jurisdiction; Provided however, that nothing contained herein Shall be deemed to be a walver by arty party that is a bank of the protedlOns afforded to it under 12 U.S.C. §91 or any similar applicable stale law. (c) No Waiver Provislonet Remedies Sotf HefD and Fora lnm No provision hereof shat! limit the right Of any party to exercise self-help romodles such as setoff, foreclosure against or sale of any real or personal property collateral or security, or to obtain provisional or ancillary remedies, Including without limitation Injun(.tive relief, sequestration, attachment, gamishment or the appointment of a receiver, from a court of competent Jurisdiction valve the bales, after or during the pendency of any arbitration of other proceeding. The exercise of any such remedy shall right Of any party to compel arbitration hereunder. (d) r Arbitrators must be active members of the Oregon State Bar or rotired Judges of the state or federal Judiciary of Oregon, with expertise in the substantive tow applicable to the subject matter of the Dispute. Arbitrators ere empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbltfatlon hearing, Arbitrators; (I) shall resolve all Disputes in accordance with the substantive law of the state of Oregon; (I) may grant any remedy or relief that a court of the state of Oregon could order or grant within the scope hereof and such ancillary relief as Is necessary to make effeoUve any award; and (III) shall have the power to award recovery of all costs and fees, to Impose sanctions and to take such other actions as they deem necessary to the same extent a judge Could pursuant to the Federal Rules of Civil Procedure, the Oregon Rules of Civil Procedure or other applicable law. Any Dispute In which the amount In controversy Is $5,000,000 or less shall be decided by a single arbitrator who shall not render an award of greater than $5,000,000 Qncluding damages, costs, fees and expenses). By submission to a single arbitrator, each party expressly waives any right or claim to recover more than $5,000,000. Any Disouto In which the amount in oontroversy oxoeed . $s,000,000 shell be decided by majority vote of a panel of three arbitrators; provided however, that all live@ arbitrators must actively Participate in all hearings and dofiberations. (e) ,ludiclal Review Notwithslanding anything herein to the contrary, In any arbitration In which the amount In controversy exceeds V$,Ooo,O00, the arbitrators shall be required to make specific, written findings of fact and conclusions of law. In such arbitrations: (I) the arbitrators shall not have the power to make any award wb" Is not supported by substantial eviderme or which is based on legal error; Qi) an award shall not be binding upon the parties unless the findings of fact are supported by substantial evidence and the conclusions of law are not erroneous under the substantive law of the stale of Oregon; and (till the parties shall have In addition to the grounds Warred to In the Federal Arbitration Act for vacating, modifying or correcting an award the right to judicial review of (A) whether the findings of fact rendered by the arbitrators ere supported by substantial evidence, and (B) whether the conclusions of law are erroneous under the substantive low of the slate of Oregon. Judgment Confirming an award In such a proceeding may be entered only if a court determines the award Is supported by substantial evidence and not based on legal error under the substantive law of the state of Oregon. (f) 91sce1laneoua To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all ecllon required to conclude any arbitration proceeding within 180 days of tho filing of the Dispute with the AAA. No arbitrator or other party to an arbllraUon proceeding may disclose the existence, Content or results thereof, except for disclosures of Informatlon by a party required in the ordinary course of its business, by applicable taw or regulation, Of 10 the extent necessary to exercise any judicial review rights set forth herein. If more than one agreement for arbitration by or between the panlos potantlelly applies to a Dispute, the arbitration provision most directly related to the Documents or the subject mailer of the Dispute shall control. This arbitration provision shell survive termination, amendment or exptrstion of any of the Documents or any relationship between the parties. DEED OF TRUST VAth Asatgnn*nt of Rents f ONe7l. Page 14 IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date flint set forth above. Gfentor(a) Add resrt(a.): 300 Admiral Way, 8200 Edmonds, WA 98020 TIOARD AUTO STOP PARTNERS 6y. dip vu�c J M,HAYEB � -,PARTNER �Q.U�•s1.1 By T. CHALLMAN PARTNER (OBTAIN NOTARY ACKNOWLEDGMENTS) DEED OF TRUST Wkh AssAgnm anf of Rents t0319% Page 16 to me known to & the individual (s) descdbed foregoing instru neat, and acknowledged that,„ and deed, for the uses and purposes therein me and who executed t e within and signed the same jfteftoe and WITNPSS my hand and official seal affixed the day and year above written. 8 TAT 8 OF WS, i%1 t; /V- �^ 66. COUNTY OF __J ko./j 0 r r On the ;day of 19_J1, before me personally appeared to me known to be the individual(e) described In and who executed the within and fare og s.ng instrument, and acknowledged that h-e signed the some as h- free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official s Al affixed the day and year above written. ...... Notary Pyblig in a d for t)te State CA Z Z ' d 1 � . �ar 4, •• .• Pianos In Ia) EXHIBIT A (Oescripiion of Propurty) d , Exhibit A to Deed of Trust snd Assignment of Rents and Leases executed by TIGARD AUTO STOP PARTNERS, A WASHINGTON GENERAL PARTNERSHIP, as Grantor, to WELLS FARGO BANK (ARIZONA), NATIONAL ASSOCIATION, as Trustee, for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Beneftlary, dated as of January 1, 1998, PARCEL 1: Lot 1 and a portion of Lot 2, Block 1, KINGSTON, in the County of Washington and State of Oregon, more particululy described as follows, to wit: Beginning at the most Northerly comer of said Lot 2; thence South 46 05' bast along the Northeasterly line thereof 25 feel; thence South 45 30' West along a line ptuallal to the Northwesterly line of said lot, 100 feet to a point on the Southwesterly line thoreof, thence North 46 OS' West along the Southwesterly line thereof, 25 feet to the most Westerly comer of said lot; thence along the Northwesterly line of said lot, 100 feet to the place of beginning. PARCEL 2: Lot 2, Block 1, KINGSTON, in the County of Washington and State of Oregon, excepting therefrom that portion thereof conveyed to Mathias Nick Herberholz, at ux by deed recorded April 11, 1951 in Book 319 page 187, records of Washington County, Oregon. PARCEL 3: Lots 3, 4, 5, 6, 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington and Stte of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State Highway Commission, by warranty deeds recorded August 9, 1939, in Book 182, page 341, and also recorded September 14, 1939, in Book 183, page 461, Deed Records. DEED OF MUST: EMB1T A (03107), Pag• A•1 /r , } 1 1 J� O V P ii� I s Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 201 Third Street, 8th Floor San Francisco, CA 94163 Attn: Puget Sound RCBO $3835 STATE OF OREGON County of Washington J tie 1, Jerry R. Darn " on,'pp((rr��dlpr of Assess- ment and Tax'OOn and Eke fftplo County Gerk for said noun ly o heM pertlfy that the within Instrumortfo Wrtling s rooelved and recorded In book of aid oounty. of Doc : 98025778.9 Rect: 205067 58.00 03/17/1998 03147tO2pm SUBORDINATION, NON- DISTURBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT THIS AGREEMENT is entered into as of January 1, 1998, by and between PRECISION TUNE AUTO CARE, INC. ( "Lessee "), and WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Bank "). A. Bank has made, or has agreed to make, a loan to Tigard Auto Stop Partners ( "Borrower ") in the maximum principal amount of Five Hundred Five Thousand Three Hundred Fifty Dollars ($505,350.00) (the "Loan "), which Loan is, or will be, evidenced by a promissory note in said maximum principal amount, executed by Borrower and payable to the order of Bank (the "Note ") . B. The Note is, or will be, secured by a deed of trust (the "Deed of Trust ") covering that certain real property situated in Benton County, Oregon, as more particularly described on Exhibit _A attached hereto and incorporated herein by this reference (the "Property "). C. Pursuant to that certain lease entered into between Granmore, Inc. ( "Lesaor") and Lessee dated as of January 28, 1986 and that certain Assignment of Leases from Lansdowne, Inc. to �Q Tigard Auto Stop Partners dated December 20, 7.986, and modified OO as of November 19, 1996 (the "Lease"), Lessee leases all or a portion of the Property, It is a condition of Bank's agreement to extend credit to Borrower under the Loan that the Deed of Trust be unconditionally and at all times remain a lien or charge upon the Property prior and superior to the rights of Lessee under the Lease. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1.NMW\TEAM \Nn P9 \CWCC 71GARD2. 511 J C- 531.GR / 02197 I . SUBO MIr TT ON, (a) Su ordina ion of I - -- The Deed of Trust and any and all extensions, renewals, modifications or replacements thereof and /or of the Note secured thereby, shall unconditionally be and at all times remain a lien or charge on the Property prior and superior to the Lease. (b► Lessee's WgIvA Lessee intentionally and unconditionally waives, relinquishes and subordinates the priority and superiority of Lessee's right, title and interest under the Lease and in and to the Property to the lien or charge of the Deed of Trust, and any and all extensions, renewals, modifications or replacements thereof. Lessee understands that in reliance upon and in consideration of said waiver, relinquishment and subordination, specific loans and advances are being, or will be, made or continued by Bank and, as part and parcel thereof, specific monetary and other obligations are being, or will be, entered into or continued which would not be made, entered into or continued but for Bank's reliance upon Lessee's waiver, relinquishment and subordination set forth herein. Lessee further acknowledges that Bank would not make or continue the Loan to Borrower without this Agreement. (c) Acknow3PdMAntg Lessee acknowledges that it has such information with respect to the Loan, and all of the loan documents executed in connection therewith, including without limitation the Note, as Lessee deems necessary in order to provide the subordination provided herein. Lessee further agrees that Bank, in making disbursements under the Loan, is under no obligation or duty to, nor has Bank represented that it has or will, see to the application of any or all proceeds of the Loan by any person or entity to whom Bank disburses such proceeds, and any application or use of any such proceeds for purposes other than those for which they were intended shall not defeat the subordination contained herein in whole or in part. (d) Entire Subordination Agr eemen t . This Agreement constitutes the whole and only agreement between the parties hereto with regard to the subordination of the Lease to the lien or charge of the Deed of Trust; there are no agreements (written or oral) outside or separate from this Agreement with respect to the subject matter hereof; and all prior negotiations with respect thereto, if any, are merged into this Agreement. This Agreement shall supersede and cancel, but only insofar as would affect the priority between the Deed of Trust and the Lease, any prior agreements as to such subordination, including without limitation, those provisions, if any, contained in the Lease which provide for the subordination of the Lease to the lien of a deed of trust or mortgage affecting the whole or any part of the Property. 11 1 ti ;lW\ \ \7IGUtp2. $31 C-S31. OR -2- 03197 a 1 2. A GRPRU RNT . Lessee hereby covenants and agrees that, so long as the Dead of Trust remains in force and effect: (a) No Modifif-1 Te minattnn or r Tl ti Lessee shall not consent to any modification, termination or cancellation of the Lease without Bank's prior written consent. (b) NoticP_of Defe1111 Lessee shall notify Bank in writing concurrently with any notice given to Lessor of any breach of or default under the Lease on the part of Lessor. Lessee agrees that Bank shall have the right (but not the obligation) to cure any breach or default specified in such notice within the time periods set forth below, and Lessee shall not declare a default of the Lease, as to Bank, if Bank cures such breach or default within thirty (30) days from and after the expiration of the time period provided in the Lease for the cure thereof by Lessor; provided however, that if such breach or default cannot with diligence be cured by Bank within such thirty (30) day period, the commencement of action by Bank within such thirty (30) day period to remedy the same shall be deemed sufficient so long as Bank pursues such cure with diligence. (c) No Advan-P Rent-A Lessee shall not make any payments or prepayments of rent more than one (1) month in advance of the time when the same become due under the Lease. ( d ) Assianmnnt of Rpnts. Upon receipt by Lessee of written notice from Bank that Bank has elected to terminate the license granted to Lessor to collect rents, as provided in the Deed of Trust, and directing Lessee to make payment thereof to Bank, Lessee shall comply with such direction to pay and shall not be roquired to determine whether Lessor is in default under the Deed of Trust or Borrower is in default under the Loan. 3. &TTORNMRNT If Bank or any other transferee acquires Lessor's right, title and interest in and to the Property pursuant to a judicial or non - judicial foreclosure of the Deed of Trust or a deed in lieu thereof or in any other manner whereby Bank or such other transferee succeeds to the interest of Lessor under the Lease, Lessee agrees as follows for the benefit of Bank or such other transferee: (a) Payment Of Rent Lessee shall pay to Bank or such other transferee all rental payments required to be made by Lessee pursuant to the terms of the Lease for the duration of the term thereof. (b) Lessee shall be bound to Bank or such other transferee in accordance with all of the terms of the Lease for the balance of the term thereof, and Lessee hereby attorns to Bank or such other transferee as its landlord, such attornment to be effective and self- operative without the ! � \TUM \4GJi1 \APB \�BaC \TI6ARDi. 5�1 OT/97 execution of any further instrument immediately upon Bank or such other transferee succeeding to the lessor's interest in the Lease and giving written notice thereof to Lessee. Lessee agrees to provide written confirmation of the foregoing upon request of Bank or such other transferee. (c) NQ- Offset Neither Bank nor such other transferee shall be liable for, or subject to, any offsets or defenses which Lessee may have by reason of any act or omission of Lessor as the prior lessor under the Lease, nor for the return of any sums which Lessee may have paid to Lessor as the prior lessor under the Lease as and for security deposits, advance rentals or otherwise, except to the extent that such sums are actually delivered by Lessor to Bank or such other transferee. (d) G_LbgegLen rang If Bank or such other transferee, by succeeding to Lessor's interest under the Lease, should become obligated to perform the covenants of a lessor thereunder, then, upon any further transfer by Bank or such other transferee of its interest as a lessor under the Lease, all of such obligations shall terminate as to Bank or such other transferee. 4. In the event of a foreclosure of the Deed of Trust, so long as there shall then exist no breach, default or event of default on the part of Lessee under the Lease, the leasehold interest of Lessee under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect, and Bank and any successor in interest to Bank shall recognize and accept Lessee as the tenant under the Lease, subject to the terms and provisions of the Lease except as modified by this Agreement. 5. ESTOPPEL Lessee acknowledges and represents that: (a) Lease Effective The Lease has been duly executed and delivered by Lessee and, subject to the terms and conditions thereof, the Lease is in full force and effect, the obligations of Lessee thereunder are valid and binding, and there have been no modifications or additions to the Lease (written or oral), other than those expressly included in the definition of Lease set forth herein. (b) Ug Default As of the date hereof and to the best of Lessee's knowledge, (i) there exists no breach of or default under the Lease, nor any condition, act or event which with the giving of notice or the passage of time, or both, would constitute such a breach or default, and (ii) there are no existing claims, defenses or offsets against rental due or to become due under the terms of the Lease, (c) Entire Lease Aareement The Lease constitutes the entire agreement between Lessor and Lessee with respect to the i I %TXW twMw,PSW1LSnr:ckRDx, s» c -531,OR -4- 02/97 N Y r V• Property and Lessee's lease and use thereof, and Lessee claims no rights with respect to the Property other than as set forth in the Lease. (d) No Prepaid Lenr. No deposits or prepayments of rent have been made by Lessee, or by any person or entity on behalf of Lessee, under or in connection with the Lease, except those, if any, expressly described belowt 6. MIS ....ant .out , (a) Remedies Cumulative All remedies provided herein are cumulative, not exclusive, and shall be in addition to any and all other rights and remedies provided by law and by other agreements between Bank and any of Borrower, Lessor or any other person or entity. (b) Costs. Expenses and A torneys' Fees If any party hereto institutes any judicial or administrative action or proceeding to enforce any rights or obligations under this Agreement, or seeking damages or any other judicial or administrative remedy, the prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees (to include outside counsel fees and all allocated costs of the prevailing party's in -house counsel), whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding lincluding without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to Borrower, Lessee or any other person or entity. (c) Notices All notices, requests and demands which any party is required or may desire to give to any other party under any provision of this Agreement must be in writing delivered to each party at the address set forth below its signature, or to such other address as any party may designate by written notice to all other parties. Each such notice, request and demand shall be deemed given or made as follows: (i) if sent by hand delivery, upon delivery; (ii) if sent by mail, upon the earlier of the date of receipt or three (3) days after deposit in the U.S. mail, first class and postage prepaid; and (iii) if sent by telecopy, upon receipt. ld) Further AssuranQes At the request of any party hereto, each other party shall execute, acknowledge and deliver such other documents and /or instruments as may be reasonably required by the requesting party in order to carry out the purpose of this Agreement, provided that no such document or 1 i \7UM TEAM \]APS\ MSC\t] BARD?. S31 C -SX .OR - 5- W/ 97 � M n instrument shall modify the rights and obligations of the parties provided herein. (e) florrowera_ Lessor If, and to the extent, Borrower and Lessor are the same, each reference in this Agreement to Borrower or Lessor shall be deemed a reference to said person or entity in its respective capacity. (f) Ryigcessors. Assiansi Governing Law This Agreement shall be binding upon and inure to the benefit of the heirs, executors, legal representatives, successors, assigns and other transferees of the parties hereto, and shall be governed by and construed in accordance with the laws of the State of Oregon. (g) Conflicts In the event of any inconsistency botween the terms of this Agreement and the Lease, the terms of this Agreement shall control. (h) Counter-narts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute and be construed as one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. LESSEE: BANK: PRECISION TUNE AUTO CARE, INC. WELLS FARGO BANK, NATIONAL SOCIATION By _ By: Dona d Grant Title: Vice President Address: Address: 999 Third Avenue Lee-elkLm -All — 2W341 11th Floor. ` ZprY� Seattle, WA 98104 ' ; %OtA f 1 - , fr ;r. r,v 0 � 1 . OBTAIN NOTARY ACKNOWLEDGMENTS O TOTE OF I0 } �O�NNTY��F�pb$UN ) The farewng instrument was acknowledged before me this Stb day of February, 1998 by A�y�od.Jenofaky, Senior Vice Preeideat of Precision Tune Auto Cure, Inc. A - Notary Public My commission expires: 9/30/00 I, \TLMf\TL n \WAP5 \CeeC\TIG M.531 / C- 521.OR - 6 - ( 0 02191 U W — INDIVIDUAL ACKNOWLEDC N04T State Of W on County of I ce that I know or have satisfactory evidence that nr A a ( y- Y\:k' is the person who appeared before me aad said person acknowledged that ( he/she) aigned this instrument and acknowledged it to be (brat her) free and voluntary act Por tht+ uses and purposes mentioned in the lastrumant. Dated: Ft6 qq, Jjq$R Seal ,��•``N�LE'Q r,#,III Blom ly NOTARY Puetrc ! - - �'�.�F�WA6N��, o a4z:- NC46 6,*t V , Notary Public in and for the Stare of Washington My appointment expires: oCA06r a�� i� 7 ti M EXHIBIT A TO SUBORDINATION, NON- DISTUSBANCE, ATTORNMENT AND ESTOPPEL AGREEMENT Legal Description of Property: PARCEL 1: Lot 1 and a portion of Lot 2, Block 1, KINGSTON, in the County of Waahington aad State of Oregon, mom particularly described as follows, to wit Beginning at the most Northerly comer of said Lot 2; thence South 46° 05' East along the Northeasterly lint thereof 25 feet; thence South 45° 30' West along a line parallel to the Northwesterly line of said lot, 100 feet to a point on the Southwesterly lint thereof; thence North 46° 05' West along the Southwesterly line thereof, 25 feet to the most Westerly comer of said lot; thence along the Northwesterly line of said lot, 100 feet to the place of beginning. PARCEL 2: Lot 2, Block 1, KINGSTON, in the County of Washington and State of Oregon, excepting therefrom that portion thereof conveyed to Mathias Nick Herberholz, at ux by deed recorded April 11, 1951 in Book 319 page 187, records of Washington County, Oregon. PARCEL 3: Lots 3, 4, S, 6, 7, 28, 29, 30, 31, 32, Block 1, KINGSTON, in the County of Washington and State of Oregon, EXCEPTING THEREFROM that portion of said premises deeded to the State of Oregon, by and through its State Highway Commission, by warranty deeds recorded August 9, 1939, in Book 182, page 341, and also recorded September 14, 1939, in Book 183, page 461, Deed Records. I , \nA?q 7Tr KINM rS�cescNrlcrwD 2.511 C- 111.OR RECEIVE-D MAY 1?2010 Applicant's Statement CITY O!= TIGIARD EERING 15895 SW 72ND AVE SUITE 200 PORTLAND, OR 97224 PHONE: 503.226.1285 FAX: 503.226.1670 INFO @CIDAINC.COM W W W.CI DAINC.COM Please accept the attached application for a Downtown Design Review Compliance Letter for improvements to the Auto Stop facility associated with acquisition of a portion of the property for the widening of the Greenberg Road right -of -way. The uses on the site will remain as motor vehicle service and repair. The improvements include thefollowing: Removal of a portion of the easterly building, reducing the size by approximately 1,200 sf. Installation of a new exterior wall to enclose the building at the demolition line. Enclosing a portion of the westerly building to increase the square footage by approximately 600 sf, and enclosing the canopy at the southeast corner of the building. Modifying the parking to accommodate the loss of site area, and to meet the current parking ratio requirements. Narrative ARCItITEC T URI: ENGINEERING P L A N N I N G I N T E R 1 O R S L A N D S C A P E Chapter 18.610 Tigard Downtown District Development and Design Standards A. Purpose B. Conflicting Standards C. Applicability. 1. New buildings and redevelopment: All applicable Design Standards apply to new buildings and related site improvements. 2. Expansion, modification and site improvements to existing development: An addition, expansion, enlargement, modification, and /or site improvements associated with such lawfully preexisting uses and structures shall be allowed provided the application for such proposed project moves toward compliance with the applicable development code standards. Only those Downtown Buildings and Site Design Standards applicable to the proposed expansion, modification or site improvements to the existing development shall be applicable. Response: This project is a modification to an existing development. The proposed modifications are in response to a land acquisition by the City of Tigard for the widening of the public right -of -way for both SW Greenburg Road and SW Pacific Hwy. The land acquisition will require approximately I, ter square feet of the existing Tigard Exhaust and Brakes building to be deconstructed. A new exterior wall fronting Greenburg Road that meets these development code requirements will be constructed at the opening left by the deconstruction. The loss of square footage for the existing Tigard Exhaust and Brakes building will be offset via two additions to the other existing building on the site, which is currently a vacant car wash building. The Brake Service Team tenant that is being displaced by the removal of the portion of their space, will relocate to the enlarged building. In addition to building modifications to both buildings on site, this proposal includes modifications to the existing parking lot, parking lot landscaping and to the location of the solid waste and recycling enclosure. While providing full compliance with the design standards of this code is infeasible due to some of the existing elements of this project, it is our intent that the proposed modifications bring the site closer to meeting the goals of the City while maintaining the functional needs of Tigard Auto Stop. Section 18.610.020 Building and Site Development Standards A. Sub - Areas: The four sub -areas located on Map 61 O.A and described below have NarrativeT different setback and height limits in order to create a feeling of distinct districts within the larger zone. I . Highway 99W and Hall Boulevard Corridor 2. Main St. — Center St. 3. The Scoff ns St. — Commercial St. 4. The Fanno — Burnham St. Response: The site described in this application is located at 12035 SW Pacific Hwy and is within the designated 99W /Hall Corridor (99H) Sub Area, per Map 610.A. B. Development Standards: Development standards apply to all new development in the MU -CBD Zone, including developments utilizing the Track 3 approval process. Variances or Adjustments may be granted if the criteria found in Chapter 18.370 is satisfied. I . Development standards matrix. Response: Standards Matrix: Setbacks: 5 ft -25 ft (Front), 0 ft. to N/A (Side), 5 ft to N/A (Rear) Proposed: (East wall - Tigard Exhaust): 20 ft. (Southwest wall — vacant car wash): 8.5 ft. (North wall — vacant car wash): 45 ft. to 60 ft. Building Height: Existing (not applicable) Ground Floor Height Minimum: 15 ft. Existing (not applicable) Site Coverage Max: 90% Proposed: 84.3% Minimum Landscaping: 10% Proposed: 15.7% Minimum Building Frontage: 50% Proposed: 64% 2. Parking Location: a. Parking is allowed on the side or rear of newly constructed buildings. If located on the side, the parking area shall not exceed 50% of the total frontage of the site. b. Parking is set back a minimum of 10' from the front property line. C. When abutting a public street, parking areas must be behind a landscaped area constructed to an L- I standard. d. Where a parking lot shares a property line with an adjacent parking lot, the landscape requirement along the shared property line is not required. Response: The parking lot layout for the property is being revised to meet the parking needs of the tenants within a smaller area than before the land acquisition. The proposed layout includes a total of 21 parking stalls. Of those stalls, nine are located along the front (Hwy 99 fronting) property line. While item 'b' above mandates a 10- foot parking buffer, we are proposing four of the nine stalls to be located within this buffer, but no closer than 5 feet to the property line, for the purpose of providing the number of parking stalls needed for the existing uses. The remaining 12 parking stalls are located to the rear and sides of the existing buildings in compliance with item `a' above. The landscaping buffer along the front property line fronting Hwy 99 directly in front of NarrativeT the proposed 9 parking stalls will be updated with a low earth berm featuring new ground cover plantings and new shrubbery to effectively screen the proposed parking from the adjacent highway. Landscape standard L- I of item 'c' above was not found in the CDC. 3. Rooftop Features /Equipment Screening. a. The following rooftop equipment does not require screening: (1) Solar panels, wind generators, and green roof features (2) Equipment under two feet in height b. Elevator mechanical equipment may extend above the height limit a max. of 16 feet provided that the mechanical shaft is incorporated into the architecture of the building. c. Satellite dishes and other communications equipment shall be limited to 10 feet in height, shall be set back a min. of 5 feet from the roof edge and screened from public view to the max. extent possible. d. All other roof - mounted mechanical equipment shall be limited to 10 feet in height, shall be set back a min. of 5 feet from the roof edge and shall be screened from public view and from views from adjacent buildings by one of the following methods: (1) A screen around the equipment that is made of a primary exterior finish material used on other portions of the building or architectural grade wood fencing or masonry; (2) Green roof features or regularly maintained dense evergreen foliage that forms an opaque barrier when planted. e. Required screening shall not be included in the building's max. height calculation. Response: New rooftop mechanical equipment will be set away from the edge of the roof to minimize it's visual exposure. Any visually exposed equipment will be screened with material matching the metal roof. 4. Other Exterior Mechanical Equipment. Response: No new exterior mechanical equipment is proposed or otherwise modified. Item 4 above is not applicable. Section 18.610.030 Building and Site Design Standards A. Create Vibrant Ground Floors, Streetscapes and Rights -of -Way; Provide Weather Protection; and Promote Safety and Security I . Street Facade a. Street - facing facades shall be built in proximity to the street. This standard is met when at least 50 percent of the ground floor front building elevation(s) is located no further from the front property line than the maximum front setback standard established in Table 18.610.1; and, where maximum street- facing side setbacks are required within the Main Street Subarea, at least 50 percent of the ground floor street- facing side building elevation(s) is located no further from the street- facing side property line than the maximum street- facing side setback standard established in Table 18.610. b. Buildings more than 3 stories are required to step back six (6) feet from the building fa4ade at the beginning of the fourth story. Response: 1009 of the front building elevation for both buildings is located within the maximum front setback standard. Item 'b' above is not applicable. 2. Primary Entry a. For Commercial /Mixed -Use Buildings (I) At least one entry door is required for each business with a ground floor frontage. NarrativeT (2) Each entrance shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (3) All primary ground -floor common entries shall be oriented to the street or a public space directly facing the street, not to the interior or to a parking lot. For Residential Buildings Response: Each tenant for both buildings are provided an entry door covered by a 2' -0" roof overhang for shade and overhead weather protection. All entries of the Tigard Exhaust building are existing and meet the requirements of item (3) above. The new entry at the vacant car wash building is located in close proximity to the existing entry being covered by the new north addition and faces the rear parking area. Due to the existing layout of the building, the new entry is required to serve the existing reception and office area, which is located on the north side of the building away from the Hwy 99 frontage. Item (3) above cannot feasibly be met with the new entry for the vacant car wash. It should be noted that there is no public sidewalk planned in front of the vacant car wash building, and as such, the requirement for the main entry to be oriented towards the street does not seem applicable in this case. 3. Windows a. Ground Floor Windows for Non - Residential and Mixed -Use Buildings: (1) 60% min. ground floor window coverage for street- facing wall (min. window coverage includes any glazed portions of doors) (2) Ground Floor Window Transparency, All buildings with non - residential ground floor windows must have a visible transmittance (VT) of 0.6 or higher, with the exception of medical and dental offices which may have tinted windows. b. Ground Floor Windows for Residential Buildings: (1) 30% min, ground floor window coverage for street- facing wall (min. window coverage includes any glazed portions of doors) c, Upper Floor Windows /Doors for All Buildings d. Window Shadowing for All Buildings: (1) Windows shall be designed to provide shadowing. This can be accomplished by: recessing windows 3 inches into the fa4ade and /or incorporating trim of a contrasting material or color. Response: The new exterior wall for the Tigard Exhaust building fronts SW Greenburg Road and is approx. 280 sq. ft. The proposed storefront for this wall is 168 sq. ft, or 60% of the new wall area, meeting item `a' above. The south (99W fronting) facade of the vacant car wash building is approximately 1,000 sq. ft. and has 610 sq. ft. of storefront glazing, or 61 % of the total wall area. Included as part of this proposal is the possibility of replacing three of the south - facing storefront bays with fully - glazed overhead doors. This modification would not reduce the overall glazed area of the 99W- fronting fagade, meeting item 'a' above. The new aluminum glazing system indicated for the Tigard Exhaust building will be recessed into the face brick matching existing conditions. The aluminum storefront system framing will be of a darker color than the adjacent brick, matching existing conditions. Item `d' above is met. Items `b' and `c' above are not applicable to this project. 4. Weather Protection for Non - Residential and Mixed -Use Buildings: a. A Projecting Fa4ade Element (awning, canopy, arcade, or marquee) is required, on the street facing fa4ade of the street with the highest functional classification. Nan-aiveT b. Awnings /Marquees /Canopies may project a min. of 3 feet and a max. of 6 ft. from the fa4ade (a max. Of 4 feet into the public right -of -way) c. The element shall have a min. 10 feet clearance from the bottom of the element to the sidewalk. d. Awnings must match the width of storefronts or window openings. e. Internally lit awnings are not permitted f. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials) Response: The proposed modifications do not include altering the roof fronting SW Pacific Hwy for either building. The existing roof provides a 2 foot projecting metal roof eave at 10 feet clear from the adjacent grade. Adding additional depth to the projection is not feasible given the existing building structure. B. Cohesive Architectural Fa4ade Standards. C. Integrated Building Fa4ade Standards. D. Create Street Comers with Strong Identity. E. Assure Building Quality, Permanence and Durability. F. Open Space/ Public Plaza G. Additional Requirements for Single - Family Attached Dwelling Units. Response: Sections 'B' through 'F' above (abbreviated) are not applicable to existing development with minor alterations and are not applicable to this project. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on -site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. 18.705.030 General Provisions C. joint access. D. Public street access. All vehicular access and egress as required in Sections 18.705.030.H and 18.705.030.1 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. F. Required walkway location. On -site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi- building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be NarrativeT constructed between new and existing developments and neighboring developments; Response: Due to the post- acquisition constraints of the site and existing buildings, and with regards to the required dimensions of vehicular parking stalls and drive aisles, incorporation of segregated walkways for this site is not feasible. In addition to the dimensional constraints, steep grades between the subject site and public right -of -ways make pedestrian access impractical. There are currently no pedestrian walkways connecting the existing buildings to the Hwy 99W public right -of -way, to the SW Center Street public right -of -way, or to each other. 2. Within all attached housing (except two- family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Response: Item '2' above is not applicable to this project. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six -inch vertical separation (curbed) or a minimum three -foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Response: No segregated walkways currently exist on -site. Post - acquisition dimensional and grade constraints prohibit segregated walks from being incorporated with the proposed site development. Without segregated walkways, item 7 above is not applicable. 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well - drained. Walkways may be required to be lighted and /or signed as needed for safety purposes. Soft - surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. Response: No segregated walkways currently exist on -site. Post - acquisition dimensional and grade constraints prohibit segregated walks from being incorporated with the proposed site development. Without segregated walkways, item '4' above is not applicable. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Response: The proposed modifications were made with the public health, safety and welfare in mind and should not increase existing hazardous traffic /pedestrian conditions or inadequately provide for emergency vehicle access. H. Access management. 1. An access report shall be submitted with all new development proposals which NarrativeT verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.) 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. Response: No new driveway locations are proposed with this application. Items ` I' to 7 above are not applicable. 4. The minimum spacing of local streets along a local street shall be 125 feet. Response: No local streets are proposed with this application. J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3; Response: One driveway is required per Table 18.705.3, two existing driveways are provided. 2.Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; Response: Vehicular access is provided within 50 feet of the primary ground floor entrance(s) of both buildings on site. 3. Additional requirements for truck traffic may be placed as conditions of site development review. K. One -way vehicular access points. Where a proposed parking facility indicates only one -way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. Response: No one -way vehicular access points are proposed with this application. L. Directors authority to restrict access. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or b. Provide inadequate access for emergency vehicles; or c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Response: Not applicable. 2. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas NarrativeT on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; Response: Not applicable – There are no neighboring developments to connect with (subject site is isolated by vehicular ways). 3. To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and /or pathway connections, as feasible, between neighboring developments or land uses; Response: Not applicable – There are no neighboring developments to connect with (subject site is isolated by vehicular ways). 2. A decision by the Director per 18.705.030.L.1 -3 above may be appealed by means of a Type II procedure, as regulated by Section 18.390.040, using criteria contained in Section 18.370.020.C.3. Chapter 18.765 OFF - STREET PARKING AND LOADING REQUIREMENTS 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response: See attached Sheet A0. I for parking lot layout. B. Location of vehicle parking. The location of off - street parking will be as follows: 1. Off - street parking spaces for single - family and duplex dwellings and single - family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off - street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line. Response: Required parking is provided on the same property as the buildings it serves. C. Joint parking. D. Parking in mixed -use projects. E. Visitor parking in multi- family residential developments. F. Preferential long -term carpool /vanpool parking. Response: Sections 'C' through 'F' (abbreviated) above are not applicable to the proposed modifications. G. Disabled - accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. Response: The OSSC 2007 Section 1104.1 'Accessible Parking Required' mandates one accessible parking stall to be provided where one to twenty -five parking stalls are provided on site. The proposed parking layout indicates twenty -one stalls on site, including one accessible stall and loading aisle dimensioned in accordance with the OSSC. 18.765.040 General Design Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. NarrativeT B. Access drives. With regard to access to public streets from off - street parking: 1. Access drives from the street to off - street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious paving surface must be designed and maintained to remain well - drained; and 6. Excluding single - family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right -of -way will be required. Response: Not applicable. No new access drive locations are proposed. C. Loading /unloading driveways. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. Response: Not applicable. No meeting places located on site. D. On -site vehicle stacking for drive -in use. 1. All uses providing drive -in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. Response: Not applicable. No drive -in uses exist or are proposed on site. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. Response: No new curb cuts are being proposed. F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop -off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow- moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop -off edges. Response: See narrative Section 18.705.030 for discussion of on -site pedestrian access. No drop -off grade separations exist within the site's vehicular area. G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Response: See narrative Chapter 18.745 for discussion of parking lot landscaping. H. Parking space surfacing. 1. Except for single - family and duplex residences, and for temporary uses or fleet storage areas as authorized in 18.765.040.H.3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt, concrete, or pervious paving surfaces. Any pervious paving surface must be designed and maintained to remain well - drained; Response: The existing parking lot is paved with asphalt and drains to on -site stormwater management facilities. All new paved surfaces will be sloped accordingly to drain to existing on -site stormwater management facilities. NarrativeT I. Parking lot striping. 1. Except for single- family and duplex residences, any area intended to be used to meet the offstreet parking requirements as contained in this chapter shall have all parking spaces clearly marked; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. Response: All proposed vehicular parking stalls are indicated to be appropriately striped /designated — Please reference attached Sheet A0.1. With the exception of losing a curb cut along SW Greenburg Road, on -site vehicular circulation is proposed to remain similar to existing conditions prior to the acquisition. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. Response: The three -foot parking stall overhang has been utilized at locations prescribed above. Please reference attached Sheet A0.1. K. Drainage. Off - street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single - family and duplex residences, off - street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. Response: Existing drainage patterns and on -site stormwater management facilities meet the requirements above and are proposed to remain as -is. L. Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. Response: No new parking lot lighting is proposed with this application. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. Response: No new signage is proposed within the vehicular area. N. Space and aisle dimensions. (Figure 18.765.1) 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: a. 8.5' x 185 for a standard space; b. 7.5'x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. (Ord. 06 -20) Response: Proposed vehicular parking stall and aisle dimensions meet the requirements of this section. Please reference attached Sheet A0.1. 18.765.050 Bicycle Parking Design Standards A. Location and access. With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary NarrativeT entrances to structures; 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on -site buildings and /or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi -story residential building. Response: Two bicycle parking spaces are required and proposed for the site, and meet the requirements of items 7 and '3' above. The proposed new bicycle parking is located closest to the Tigard Exhaust building (within 30 ft of it's main entries), as this structure contains the majority of the site's employees and visitors. The proposed location of the bicycle parking is approximately 150 feet from the main entry of the vacant car wash. Item '4' above is not applicable to the proposed development. B. Covered parking spaces. 1. When possible, bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. Response: Due to overall cost limitations on this project, the proposed bicycle parking is not located under a roof. Item 7 above is not applicable to this project. C. Design requirements. The following design requirements apply to the installation of bicycle racks: 1. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long term (employee) parking is encouraged but not required; 2. Bicycle racks must be securely anchored to the ground, wall or other structure; 3. Bicycle parking spaces shall be at least 2%z feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space must be accessible without moving another bicycle; 5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At -cost or deposit fees for bicycle parking are exempt from this requirement; 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Response: The proposed bicycle parking meets the above requirements. Please reference attached Sheet A0.1. D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete, other pervious paving surfaces, or similar material. This surface must be designed and maintained to remain well- drained. Response: The proposed bicycle parking is indicated to be paved with concrete. Please reference attached Sheet A0.1. E. Minimum bicycle parking requirements. The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Single- family residences and duplexes are NarcativeT excluded from the bicycle parking requirements. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.e. Response: Two bicycle parking stalls are required per Table 18.768.2. Two bicycle parking stalls are proposed. Please reference attached Sheet A0.1. 18.765.070 Minimum and Maximum Off - Street Parking Requirements A. Parking requirements for unlisted uses. 1. The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Directors decision be rendered in writing, it shall constitute a Directors Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. Response: The use 'Motor Vehicle Servicing /Repair' was used to calculate the required parking for the site and meets the actual description of the existing uses. B. Choice of parking requirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. Response: Not applicable. C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.H: 1. Fractions. Fractional space requirements shall be counted as a whole space; 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises during the largest shift at the peak season; 3. Students. 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off - street parking or loading. Response: The method used for calculating required parking is as described in item '4' above. Fractions were interpreted per item '1' above. D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H: 1. On- street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on- street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on- street parking is on a street that is designed and physically improved to accommodate parking within the right -of -way; b. The street where on- street parking is proposed is not located on local residential streets. 2. Fleet parking. Response: Not applicable. E. Exceptions to maximum parking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080.H, the following exception shall apply: 1. The following types of parking shall not be included: a. Parking contained in a parking structure either incorporated into a building or freestanding; b. Market -rate paid parking; NarrativeT c. Designated carpool and /or vanpool spaces; d. Designated disabled - accessible parking spaces; e. Fleet parking. 2. If application of the maximum parking standard would result in less than six parking spaces for a development with less than 1,000 gross square feet of floor area, the development shall be allowed up to six parking spaces. If application of the maximum parking standard would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet, the development will be allowed up to 10 vehicle parking spaces. Response: Using the exception of I .d. above, the proposed parking count is the full amount allowed for the site (20 stalls). F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: 1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070.H by up to 20% in new developments for the incorporation of transit - related facilities such as bus stops and pull -outs, bus shelters, transit- oriented developments and other transit- related development through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.b. Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070.F.2. below; 2. The Director may reduce the total required off - street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5.a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit- related facilities such as bus stops and pull -outs, bus shelters, transit- oriented development or other transit- related facilities through a Type I procedure, as governed by Section 1 8.390.030, using approval criteria contained in Section 18.370.020.C.5.c. Response: This application does not seek reductions to minimum required vehicle parking. G. Increases in maximum required vehicle parking. The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.5.d. Response: This application does not seek increases to maximum allowed vehicle parking. H. Specific requirements. (See Table 18.765.2) (Ord. 02 -13) 18.765.080 Off - Street Loading Requirements A. Off - street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off - street loading and maneuvering space as follows: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. Response: The buildings total less than 10,000 square feet, therefore, no loading space is required and none is provided. B. Off-street loading dimensions. 1. Each loading berth shall be approved by the City Engineer as to design and NarrativeT location; 2. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site; 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; 4. Screening for off - street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. Response: Not applicable as no loading spaces are proposed with this application. Chapter 18.745 LANDSCAPING AND SCREENING 18.745.030 General Provisions E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). Response: Existing vegetation to remain is indicated on the landscape plan and is noted to be fenced off from adjacent construction areas during construction. Please reference attached Sheet L 1.0. F. Care of landscaping along public rights -of -way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights -of -way unless otherwise required for emergency conditions and the safety of the general public. Response: (Informational / Noted) G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. Response: (Informational / Noted) H. Height restrictions abutting public rights -of -way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right -of -way abutting roadways having no established curb and gutter. Response: No landscaping to be installed by subject property owner is proposed within the public right -of -way. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. Response: Required street trees are being provided by City of Tigard. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. NarntiveT Response: Not applicable. Required street trees are being provided by City of Tigard. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below. Response: Proposed on -site trees are indicated to have min. 2" caliper at time of planting. Please refer to Sheet L1.0 for compliance. 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow- stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium -sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On- premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and I. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. Response: Not applicable. The City of Tigard is replacing the existing street trees. D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. Response: (Informational / Noted) E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip -line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. Response: Not applicable. No existing trees are to be used as street trees. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similar to the trees that NarrativeT are being removed unless lesser sized alternatives are approved by the Director. Response: Not applicable. The City of Tigard is replacing the existing street trees. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.6.b. Response: No adjustments are sought with this application. H. Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. (Ord. 09 -13) Response: No adjustments to this requirement are being sought with this application. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. Response: (Informational / Noted) 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right -of -way, buffering, but not screening, shall be required as specified in the matrix. Response: (Informational / Noted) Buffering is not proposed with this application as the subject site does not abut a property with a different land use. 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. Response: It is the intent of this application that the proposed screening as indicated on Attached L 1.0 meets the intent of this code. B. Buffering and screening requirements. 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. Response: Not applicable. Buffering is not a requirement of this application. 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City. Response: Not applicable. Buffering is not a requirement of this application. 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 1 8.745.050.8.8 and 18.745.050.D. Response: Please refer to narrative Sections 18.745.050.B.8 and 18.745.050.D for discussion of fences, hedges and walls. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements NanativeT shall meet the following specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow - stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart. (2) Medium -sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart. (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five- gallon shrubs or 20 one - gallon shrubs shall be planted for each 1,000 square feet of required buffer area. c. The remaining area shall be planted in lawn or other living ground cover. Response: Not applicable. Buffering is not a requirement of this application. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover, or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. Response: The screening proposed with this application is a combination of items 'a' and `b' above. Please reference attached Sheet L 1.0. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795. Response: (Informational / Noted) 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six -foot height at the discretion of the Director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape /screening plan shall be submitted for approval. Response: Not applicable. The subject property does not abut another developed property. 8. Fences and walls. a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director, b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. Response: Please see narrative Section 18.745.050.E.2 below for discussion of waste NarrativeT enclosure wall. No other walls or fences are proposed with this application. 9. Hedges. a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight- obscuring fence where required subject to the height requirement in Sections 18.745.050.C.2.a and 18.745.050.C.2.b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. Response: Not applicable. This substitution is not sought with the proposed development. C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects. Response: No fence or wall is proposed which exceeds the height Section 18.745.050.C.2. 2. Fences or walls. a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. Response: A wall defining the solid waste and recycling area is proposed with this application which meets the height provisions stated above (6', side yard). No other walls or fences are proposed. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795. Response: No fences or walls are being proposed within required vision clearance areas. 4. All fences or walls greater than six feet in height shall be subject to building permit approval. Response: No walls or fences are proposed that exceed six feet in height. D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements. Response: (Informational / Noted) 2. An earthen berm and fence or wall combination shall not exceed the six -foot height limitation for screening. Response: No berm and fence or wall combinations are proposed with this application. E. Screening: special provisions. 1. Screening and landscaping of parking and loading areas: NarativeT a. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off - street parking areas from the public right -of -way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Response: Landscape screening of the new parking lot is proposed using a combination of berms, ground covers, shrubs and trees. These trees are spaced and located in compliance with the above provisions. All landscaped areas are protected from vehicular damage with a concrete curb. Where feasible, landscape islands of 3' or greater have been implemented with the proposed modifications. 2. Screening of service facilities. Except for one - family and two- family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area. Response: The proposed solid waste and recyclables enclosure is indicated to be constructed of concrete masonry to 6 ft. high. Please refer to attached sheet A0.1. 3. Screening of swimming pools. Response: Not applicable. 4. Screening of refuse containers. Except for one- and two- family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. Response: The proposed solid waste and recyclables enclosure is indicated to be constructed of concrete masonry to 6 ft. high. Please refer to attached Sheet A0.1. F. Buffer matrix. 1. The buffer matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering /screening and required improvements to be installed between proposed uses and abutting uses or zoning districts. 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. 18.745.060 Re- vegetation A. When re- vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. Response: Not applicable. No natural landscaping is being disturbed with the proposed NartativeT modifications. B. Preparation for re- vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. Response: Not applicable. No natural landscaping is being disturbed with the proposed modifications. C. Methods of re- vegetation. 1. Acceptable methods of re- vegetation include hydro - mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re- vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. Response: Not applicable. No natural landscaping is being disturbed with the proposed modifications. Chapter 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 18.755.030 Materials Accepted A. Materials accepted. Except as provided for in 18.755.040 G and I, the storage area must be able to accept at least all "principle recyclable materials" designated by the Oregon Environmental Quality Commission and other source - separated recyclable the local government identifies by regulation. 18.755.040 Methods of Demonstrating Compliance A. Alternative methods of compliance. An applicant shall choose one of the following four methods to demonstrate compliance: I. Minimum standards; 2. Waste assessment; 3. Comprehensive recycling plan; or 4. Franchised hauler review and sign -off. Response: The minimum standards method was used for this application. Please see Section 18.755.040.C.5. below for the required enclosure area calculation. B. Provisions. The following provisions apply to all four methods of demonstrating compliance: 1. Section 18.755.050, Location, Design and Access Standards, except as provided in 18.755.040 G; Response: Please refer to narrative Section 18.755.050 for discussion of these provisions. 2. The floor area of an interior or exterior storage area required by this chapter shall be excluded from the calculation of lot coverage and from the calculation of building floor area for purposes of determining minimum storage requirements. C. Minimum standards method. 1. Description of method: This method specifies a minimum storage area NarrativeT requirement based on the size and general use category of the new construction; 2. Typical application of method: This method is most appropriate when the specific use of a new building is not known. It provides specific dimensions for the minimum size of storage areas by general use category; 3. Application requirements and review procedure: The size and location of the storage area(s) shall be indicated on the site plan of any construction subject to this ordinance. Through the site plan review process, compliance with the general and specific requirements set forth below is verified; 4. General requirements: a. The storage area requirement is based on the predominant use(s) of the building, (i.e. residential, office, retail, wholesale /warehouse/ manufacturing, educational /institutional, or other). If a building has more than one of the uses listed herein and that use occupies 20 percent or less of the floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). If a building has more than one of the uses listed herein and that use occupies more than 20% of the floor area of the building, then the storage area requirement for the whole building shall be the sum of the requirement for the area of each use. b. Storage areas for multiple uses on a single site may be combined and shared. c. The specific requirements are based on an assumed storage height of 4 feet for solid waste /recyclable. Vertical storage higher than 4 feet but no higher than 7 feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of 43% of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate the layout of the storage area and dimensions of containers. 5. Specific requirements: a. Multi -unit residential buildings containing 5 -10 units shall provide a minimum storage area of 50 square feet. Buildings containing more than 10 residential units shall provide an additional 5 square feet per unit for each unit above 10. b. Non - residential buildings shall provide a minimum storage area of 10 square feet, plus: (I) Office: 4 square feet/ 1,000 square feet gross floor area (GFA). (2) Retail: 10 square feet/ 1,000 square feet GFA. (3) Industrial: 6 square feet/ 1,000 square feet GFA. (4) Institutional: 4 square feet/ 1,000 square feet GFA. (5) Other. 4 square feet/ 1,000 square feet GFA. Response: The area of storage of solid waste and recyclables was calculated using the minimum standards method described above. A single enclosure is proposed to be used for both buildings on the site, which have similar uses (vehicular service /repair) The area is calculated as follows: 10 sq. ft. + [(4 sq. ft. x 8,600 sq. ft.) / 1,000 sq. ft.] = 44.4 sq. ft.. The proposed enclosure is 45 sq. ft.. Please reference Sheet A0. I for location of enclosure. D. Waste assessment method. 1. Description of method: The waste assessment method tailors the storage area size to a waste assessment and management program for the specific users of a new building; 2. Typical application of method: This method is most appropriate when the specific use of a building is known and the type and volume of mixed solid waste to be generated can be estimated; 3. Application requirements and review procedures: a. A pre- conference with the solid waste coordinator /plan check staff is required if the waste assessment method is proposed. The applicant shall obtain a waste assessment form from the local jurisdiction; b. The form shall be used to estimate the volumes of source separated NarrativeT recyclable /mixed solid waste generated. From this information, the applicant can design a specific management, storage and collection system. Techniques such as a compactor or cardboard baler may be implemented to minimize the square footage of the site which must be set aside for a storage area; c. The waste assessment form shall be completed and submitted with site plans required by the local jurisdiction. The plans must identify the size and location of interior or exterior storage area(s), specialized equipment, collection schedule, and other features required to accommodate the volumes projected in the waste assessment. The solid waste coordinator for the local jurisdiction shall review and approve the waste assessment as part of the site plan or development review process. 4. Specific requirement: The application shall demonstrate that the mixed solid waste and recyclable volumes expected to be generated can be stored in less space than is required by the minimum standards method. Response: Not applicable. Minimum Standards Method was used with this application. E. Comprehensive recycling plan method. 1. Description of method: The comprehensive recycling plan method is most appropriate when an applicant has independently developed a comprehensive recycling plan that addresses materials collection and storage for the proposed use; 2. Typical application of method: This method can be used when a comprehensive recycling plan has been developed for a specific facility. It is most suited to large nonresidential uses such as hospitals, schools and industrial facilities. The comprehensive recycling plan method can be used for new construction or expansion that is subject to full Site Development Review, as governed by Chapter 18.360; 3. Application requirements and review procedure: The comprehensive recycling plan shall be submitted to the local solid waste coordinator at the same time site plans are submitted for site plan review. The applicant shall submit plans and text that show how mixed solid waste and recyclable generated by the proposed development will be served under a comprehensive recycling plan. The location, design and access standards set forth in 18.755.050 are applicable to new storage areas only. Response: Not applicable. Minimum Standards Method was used with this application. F. Franchised hauler review method. 1. Applicability: The franchised hauler review method is only available in jurisdictions with franchise collection service areas because there is certainty as to which hauler will actually provide service to the proposed development, once it is constructed; 2. Description of method: This method provides for coordinated review of the proposed site plan by the franchised hauler serving the subject property; 3. Typical application of method: This method is to be used when there are unique conditions associated with the site, use or waste stream that make compliance with any of the other three methods infeasible. The objective of this method is to match a specific hauler program (e.g., types of equipment, frequency of collection) to the unique characteristic(s) of the site or development. The following constitute unique conditions: a. Use of either of the three other methods of compliance would interfere with the use of the proposed development by reducing the productive space of the proposed development, or make it impossible to comply with the minimum off - street parking requirements of the underlying zone; b. The site is of an irregular shape or possesses steep slopes that do not allow for access by collection vehicles typically used by the franchised hauler to serve uses similar in size and scope to the proposed use; c. The proposed use will generate unique wastes that can be stacked, folded or NarrativeT easily consolidated without the need for specialized equipment, such as a compactor, and can therefore be stored in less space than is required by 18.755.040 C. 5b. of this chapter. 4. Application requirements and review procedure: The applicant shall work with the franchised hauler to develop a plan for storage and collection of source - separated recyclable and mixed solid waste expected to be generated from the new building. A narrative describing how the proposed site meets one or more of the unique site conditions described above plus site and building plans showing the size and location of storage area(s) required to accommodate anticipated volumes shall be submitted for Site Development Review, as governed by Chapter 18.360. Additionally, a letter from the franchised hauler shall be submitted at the same time that describes the level of service to be provided by the hauler, including any special equipment and collection frequency, hich will keep the storage area from exceeding its capacity. Response: Not applicable. Minimum Standards Method was used with this application. 18.755.050 Location, Design and Access Standards for Storage Areas A. Applicable standards. The following location, design and access standards for storage areas are applicable to all four methods of compliance, described in 18.755.040 above. B. Location standards. 1. To encourage its use, the storage area for source - separated recyclable shall be co- located with the storage area for residual mixed solid waste; 2. Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; 3. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; 4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; 5. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; 6. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C, design standards; 7. The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. Response: Recyclables and residual solid waste are proposed to be located within the same enclosure. The concrete masonry enclosure will meet the requirements of the OSSC and IFC. A single storage area is proposed and sized for both buildings on the site, located between the buildings and between vehicular and landscape areas. The proposed location was chosen for its ease of access by users of both buildings and for ease of service by the local waste hauler. C. Design standards. 1. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; 2. Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Response: The dimensions of the proposed enclosure are consistent with storage requirements for 3 and 4 -yard bins. The bins used will have a waterproof plastic cover integral with the individual containers, typical of commercial bins. Chapter 18.780 SIGNS NarrativeT 18.780.080 Sign Illumination A. Surface brightness. The surface brightness of any sign shall not exceed that produced by the diffused output obtained from 800 milliampere fluorescent light sources spaced not closer than eight inches, center on center. B. No exposed incandescent lamps. Any exposed incandescent lamp which exceeds 25 watts shall not be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right -of -way with the exception of electronic information signs. Response: Any modification to illuminated signage for the vacant car wash building will meet the requirements of items 'A' and 'B' above. No modifications to existing signage for the Tigard Exhaust building are proposed with this application. 18.780.085 Sign Measurement A. Projecting and freestanding signs. 1. The area of a freestanding or projecting sign shall include all sign faces counted in calculating its area. Regardless of the number of sign cabinets or sign faces, the total allowable area shall not be exceeded. 2. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets or sides: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of more than two sign cabinets, sign facia or modules, the area enclosing the entire perimeter of all cabinets and /or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of the sign measurement if they do not bear written advertising copy, symbols or logos; and c. The overall height of a freestanding sign or sign structure is measured from the grade directly below the sign to the highest point of the sign or sign structure and shall include architectural and structural embellishments. Response: The relocated existing free - standing signage will meet the requirements of the above provisions. Signage permits will be applied for by others. B. Wall Signs. 1. The area of the sign shall be measured as follows: a. The area around and enclosing the perimeter of each cabinet, sign face or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing and decorative roofing, provided there is no written advertising copy, symbols or logos on such embellishments; b. If the sign is composed of individual letters or symbols using the wall as the background with or without added decoration, the total sign area shall be calculated by measuring the area within the perimeter of all symbols and letters or other decoration including logos; c. Measurement of the wall area pertaining to flush pitched "roof' signs shall be calculated as if the sign were mounted directly on the wall face immediately below the sign; and d. Measurement of the wall area pertaining to awning or canopy signs shall be calculated to include the vertical surface of the awning or canopy on which the sign is to be mounted and the wall surface of the structure to which it is attached. Response: Modifications needed for the wall signage of the vacant car wash building Na ativeT will not result in changing the general size of the existing wall signage. Signage permits will be applied for by others. 18.780.130 Zoning District Regulations A. In the R -7, R -45, R -3.5, R -2 and R- I zones. Not applicable. Site is located in the MU -CBD zoning district. B. In the R -12, R -25 and R -40 zones. Not applicable. Site is located in the MU -CBD zoning district. C. In the C -G and CBD zones. No sign shall be permitted in the C -G and CBD zones except for the following: 1. Freestanding signs shall have certain limitations and conditions when permitted on properties in commercial zones: a. One multi- faced, freestanding sign shall be permitted subject to conditions and limitations as stated herein, b. A reader -board assembly may be an integral part of the freestanding sign, c. The maximum square footage of signs shall be 70 square feet per face or a total of 140 square feet for all sign faces. No part of any freestanding sign shall extend over a property line into public right -of -way space, d. The sign area may be increased one square foot for each lineal foot the sign is moved back from the front property line to which the sign is adjacent. If the street is curbed and paved, the measurement may be taken from a point which is 15 feet from the pavement. This increase in sign area is limited to a maximum of 90 square feet per face or a total of 180 square feet for all faces, and e. Freestanding signs located next to the public right -of -way shall not exceed 20 feet in height. Height may be increased one foot in height for each 10 feet of setback from the property line or a point 15 feet from the edge of pavement, whichever is less, to a maximum of 22 feet in height: Response: One existing 20 -foot free - standing sign is proposed to be relocated within the new post- acquisition property boundary. The new signage will meet the limitations of this section. Reference attached Sheet A0. I for new signage location. Signage permits will be applied for by others. 2. Wall signs: a. Wall signs, including illuminated reader - boards, may be erected or maintained but shall not exceed in gross area 15% of any building face on which the sign is to be mounted, b. Wall signs may not project more than 18 inches from the wall or extend above the wall to which they are attached, and c. If it is determined under the development review process that the wall sign's visual appeal and overall design quality would be served, an additional 50% of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters; Response: All wall signage locations and sizes are existing and are not proposed to be modified. The signage for the vacant car wash will be modified to reflect the new tenant, but the general location and size of the signage will remain the same as the existing wall signage. Signage permits will be applied for by others. 3. Directional signs on private property when such signs are solely designed to identify driveway entrances and exits for motorists on adjoining public streets. One sign with an area of four square feet per face shall be permitted per driveway. Such signs shall be consistent with Chapter 18.795, Visual Clearance Areas; 4. Electronic message centers per Section 18.780.090.D shall be permitted; 5. The signs specified in Section 18.780.060.A shall be allowed, subject to any Na ativeT restrictions imposed by this title; 6. Temporary signs in accordance with Sections 18.780.090 and 18.780.100; 7. Lawn signs in accordance with Sections 18.780.060.A.1, A.6, and 8.2; B. Special condition signs in accordance with Section 18.780.090; and 9. Additional permitted sign including awning sign(s), flush pitched "roof' sign(s), freeway- oriented sign(s), tenant sign(s), projecting sign(s), and painted wall sign(s). D. In the C -P zone. Response: Not applicable. Subject site is located in the MU -CBD zoning district. E. In the C -N and C -C zones. Response: Not applicable. Subject site is located in the MU -CBD zoning district. F. In industrial zones. (s), and painted wall sign(s). Response: Not applicable. Subject site is located in the MU -CBD zoning district. G. Additional requirements in commercial and industrial zones. If it is determined under the site development review process that the sign's visual appeal and overall design quality would be served while maintaining the intent and purpose of this chapter, an additional 50% of the allowable sign area and 25% of sign height may be permitted. No copy will be permitted in the additional area or height For purposes of this subsection the word "copy" includes symbols, logos and figures, as well as letters. 1. Each freestanding sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of the business and the area set aside shall be landscaped. a. The size and shape of the area set aside and the landscaping shall be represented on the plot plan required by permit and shall be subject to the review and control of the Director, under the site development review process; and b. On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground shall be 14 feet in any vehicle maneuvering area. 2. No freestanding sign, nor any portion of any freestanding sign, shall be located or project over any portion of a street, sidewalk or other public right -of -way or property unless an exception has been granted. 3. When a premises contains more than a single tenant but is not defined as a shopping center, the provisions of a freestanding sign shall take into consideration the need for providing a signing system which is harmonious in appearance and legible: a. The building owner shall provide, at his own expense, a common support for all tenant signage; and b. Up to an additional 50% of sign copy area may be permitted under the site development review process so as to adequately identify the separate tenants when determined that the increased sign area will not be inconsistent with the purpose of this chapter. 4. Shopping centers or industrial parks shall establish a single signing format: a. Up to an additional 50% of sign area may be permitted under the development review process to adequately identify the complex when it can be determined that the increased sign area will not be inconsistent with the purposes of this chapter, b. This increase should be judged according to unique identification needs and circumstances which necessitate additional area to make the sign sufficiently legible; and c. When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed under the site development review process. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. 5. Legal owners or occupants of properties or buildings which are in shopping plazas NarrativeT and which are directly located or are proposed to be located on a commercially - and industrially -zoned comer property(ies) (one or more contiguous tax lots located at the intersection of two or more public streets), shall be allowed to have one freestanding sign along each street frontage when all of the following are met: a. A sign permit shall be required for each sign prior to its erection; b. The total combined height of two freestanding signs on the premises shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; c. Neither of the signs shall exceed the sign height normally allowed in the zoning district in which the signs are located (See Section 18.780.030.); d. No more than two freestanding signs shall be permitted; e. The two allowable signs shall face separate frontages and are not intended to be viewedsimultaneously, and f. All other provisions of this chapter shall apply. 6. Shopping centers in the C -G zoning district shall be entitled to freestanding signage according to the following optional standards: a. A maximum of two freestanding signs shall be permitted per roadway frontage provided they can meet both sign area and sign height requirements as set forth in this subsection; b. The combined height of two signs shall not exceed 150 of the sign height normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the height normally allowed in the same zoning district; c. Total combined sign area for both signs shall not exceed 150% of what is normally allowed for one freestanding sign in the same zoning district; however, neither shall exceed the area normally allowed in the same zoning district; d. Neither sign shall pose a vision clearance problem or shall project into the public right -of -way; e. A sign permit shall be required prior to erection of any freestanding sign referred to in this subsection. (Ord. 09 -13) 18.780.140 Sign Code Adjustments A. Adjustments. The Director may grant an adjustment to the requirements of this chapter by means of a Type I or Type II procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020.C.8. B. If an adjustment is granted, the rights thereby given to the applicant shall continue to exist and to belong to the applicant or any other owner of the land for a period of 1 -1 /2 years from the date of final approval: 1. If, at the expiration of 1 -1 /2 years from the date of approval, construction of the structure or initiation of the use giving rise to the need for the adjustment has not begun, the rights given by the adjustment approval shall terminate without further action by the City; and 2. Said rights shall also terminate at or after the expiration of 1 -1 /2 years from approval if, though commenced within 1 -1 /2 years, construction ceases and is not resumed within 60 days. Chapter 18.795 VISUAL CLEARANCE AREAS 18.795.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on -site parking or loading requirements or which changes the access requirements. B. When site development review is not required. Where the provisions of Chapter 18.330, Site Development Review, do not apply, the Director shall approve, approve with conditions, Na -ativeT or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. Response: The above provisions do not apply to the proposed development. No modifications to the existing structures are being proposed that would reduce either of the site access' visual clearance areas. In addition, there is no increase in on -site parking or loading requirements, or a change to access requirements. 18.795.030 Visual Clearance Requirements A. At comers. Except within the CBD zoning district a visual clearance area shall be maintained on the comers of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Response: No on -site development is proposed that would reduce existing visual clearances. 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