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SLR2011-00001 q 1! 11 AFFIDAVIT OF MAILING s I TIGAR I, Patricia L. Lunsford, being first duly sworn /affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: ((Meek Appwpoaw Box(s) & ow( © NOTICE OF DECISION FOR: SLR2011 -00001 /FORMER COE MANUFACTURING SITE (File No. /Name Reference) El AMENDED NOTICE City of Tigard Planning Director 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 April 5, 2011, and deposited in the United States Mail on April 5, 2011, postage prepaid. r (Person th ep d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of a L , 2011. ( f'�•, OFF ICIAL SEAL e( - < SHIRLEY SH IRLEYITREAT 7 �i NOTARY PUBUC - OREGON ) �✓� COMMISSION NO .498 48 )e /) MY COMMISSION EXPIRES JULY 5 1, 2015 (� NO RY PUBIC OF OREGON My Commission Expires: 7 / (2/ / EXHIBIT_ NOTICE OF TYPE I DECISION 1 FORMER COE MANUFACTURING SITE SENSITIVE LANDS REVIEW (SLR) 2011 -00001 T I G A R D 120 DAYS = 7/29/2011 SECTION I. APPLICATION SUMMARY FILE NAME: FORMER COE MANUFACTURING SITE CASE NO.: Sensitive Lands Review (SLR) SLR2011 -00001 PROPOSAL: The applicant is requesting Sensitive Lands Review approval for the proposed Soil Removal Interim Remedial Action Measure (IRAM) at the Former Coe Manufacturing Property (Site). The proposed soil removal IRAM activities are described in detail within AMEC's Work Plan, dated March 17, 2011, which was submitted as an attachment to RealNet's Sensitive Lands Review Application. Because the Work has been approved by the Oregon Department of Environmental Quality (DEQ), the statutory "exempt review" process applies to the IRAM activities pursuant to ORS 465.315. This application is for Phase I (upland remediation) of a two -phase remediation. Phase II will include remediation within the Red Rock Creek vegetated corridor and is to be completed when the scope of work is approved by DEQ and a subsequent Sensitive Lands Review application and decision have been processed. APPLICANT: RealNet Investments, LLC APPLICANT'S AMEC Earth & Attn: Arthur Johnstone REP Environmental, Inc. 9570 SW Barbur Blvd. Suite 311 Attn: Joel Eledge Portland, OR 97219 7376 SW Durham Road Portland, OR 97224 OWNER: Gould Family Properties VI, LLC 527 Atando Avenue, Charlotte, NC 28206 COMPREHENSIVE PLAN /ZONE DESIGNATION: I -L: Tight Industrial District. The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. LOCATION: 7930 SW Hunziker Street; Washington County Tax Map 2S101CA, Tax Lot 00400. The property is located south of SW Hunziker Street and includes a segment of Red Rock Creek. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.530, 18.745 and 18.775. SECTION II. DECISION Notice is hereby given that the Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section VI of this Decision. SLR2011 -00001 FORMER COE MANUFACTURING SITE SENSITIVE LANDS REVIEW PAGE 1 OF 6 • SECTION III. BACKGROUND INFORMATION Site History: The 1983 Tigard Comprehensive Plan and Zoning Map shows the subject property zoned I -L (Light Industrial), which it remains today. In 2006, MLP2004 -00008 created two lots including the northern parcel which is the subject parcel, and the southern parcel which contains POTS() Dog Park, now owned by the City. In addition, Tracts A and B were included in the partition which correlated to the unbuildable portions of the two new parcels associated with sensitive lands of Red Rock Creek on the west. The Coe Manufacturing Company has operated until recently on the subject site. The site is currently vacant. Background: The Seller is selling to Buyer ownership of the real property located at 7930 SW Hunziker Road, Tigard, Oregon, identified as tax lot 2S101CA -400. The Oregon Department of Environmental Quality (DEQ) requires remediation of certain environmental conditions on a portion of the Property. The Remediation, as described in the Work Plan included in the applicant's materials includes remediation in the floodplain that is scheduled to be initiated in April 2011. Because the Remediation and the Work Plan were approved by DEQ, the statutory "exempt review" process applies to onsite remedial activities. ORS 465.315. The Remediation must be consistent with local substantive requirements. A portion of the Property is located in the 100 -year floodplain. The proposed Remediation involves ground disturbance and /or land form alteration in the floodplain involving more than 50 cubic yard of material, which triggers a Type IIIA Sensitive Lands Review under Tigard Development Code ( "TDC ") section 18.775.020(G)(2)(b). In accordance with the statutory exempt review process, a City land use review process is not being undertaken, but the City must review the proposed floodplain Remediation for compliance with the Sensitive Lands Review criteria at TDC 18.775.070(B)(1) -(7). SECTION IV. NEIGHBORHOOD /INTERESTED PARTIES COMMENTS The Tigard Community Development Code requires for Type III reviews that property owners within 500 feet of the subject site and other interested parties be notified of the proposal, and be given an opportunity for written comments and /or oral testimony prior to a decision being made. However, in accordance with the statutory exempt review process (ORS 465.315), a City land use review process is not being undertaken, but the City must review the proposed floodplain remediation for compliance with the Sensitive Lands Review criteria at TDC 18.775.070(B)(1) -(7). Therefore, no neighborhood meeting was held, nor notice sent to property owners within 500 feet or interested parties. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA 18.390 Decision Making Procedures Impact Study 18.530 Industrial Zoning Districts) 18.745 Landscaping and Screening) 18.775 Sensitive Lands Review) SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Decision Making Procedures (18.390) Type III Procedure. Type III procedures apply to quasi - judicial permits and actions that predominantly contain discretionary approval criteria. Type III actions are decided by the Hearings Office (Type III -HO), the Planning Commission (Type III -PC), or Design Review Board (Type III -C) with appeals to or review by the City Council. The Hearings Officer has the authority to issue a sensitive lands permit in the 100 -year floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070. However, pursuant to ORS 465.315, the procedural aspects of this review are exempt, while the substantive standards are addressed below. FINDING: Based on the analysis above, the applicant's submittal is exempt from the applicable Decision Making Procedures in TDC 18.390 .030. SLR2011 -00001 FORMER COE MANUFACTURING SITE SENSITIVE LANDS REVIEW PAGE 2 OF 6 Industrial Zoning Districts (18.530): Uses: The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. The proposed action is environmental remediation of a contaminated site and is not considered a use of the property. Development Standards: All development must comply with: All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370. The proposed environmental remediation does not involve construction of any structures to which the underlying development standards could apply. However, as reviewed below, the proposed remediation is consistent with the applicable standards in the Sensitive Lands Chapter (18.775). All other applicable standards and requirements contained in this title. All other applicable standards and requirements contained in this title are reviewed for consistency below and are met. FINDING: Based on the analysis above, the applicant's submittal meets the applicable Industrial Zoning District standards. Landscaping and Screening (18.745) 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. FINDING: According to the applicant's submittal, areas subject to disturbance (removal and refill) are existing gravel parking and access areas that will be filled with clean 3/4 minus gravel and compacted. Therefore, the Landscaping and Screening standards do not apply to this application. Sensitive Lands (Section 18.775): G. Sensitive lands permits issued by the Hearings Officer. 1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100 -year floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070. The proposed remediation is located in an upland portion of the subject property, outside of the vegetated corridor for Red Rock Creek but within the 100 -year floodplain. As such, a hearing at the Hearings Officer would be indicated. However, pursuant to ORS 465.315, the proposed remediation is exempt from the Type III procedure. Instead, a staff level review of the substantive standards, below, will be done within five business days or receipt of a complete application by agreement in the Memorandum of Understanding. 2. Sensitive lands permits shall be required in the 100 -year floodplain when any of the following circumstances apply: a. Ground disturbance(s) or landform alterations in all floodway areas; b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; SLR2011 -00001 FORMER COF. MANUFACTURING SITE SENSITIVE LANDS REVIEW PAGE 3 OF 6 c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50% of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures which are greater than 528 square feet in size, outside of floodway areas. The proposed remediation involves removal of 206 cubic feet of contaminated soil and replacement to original grade with clean 3 /4 minus fill. Therefore, exceeding the threshold of 50 cubic yards of ground disturbance within a floodway fringe location, a sensitive land permit is required. 18.775.070 Sensitive Land Permits B. Within the 100 -year floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100 -year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero -foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; As shown in the applicant's proposed Soil Removal Interim Remedial Action Measure (IRAM), soil removal and clean fill replacement activities will maintain the existing site elevations and grades and will not result in alterations to the floodplain storage function or encroachments to the floodplain. Therefore, the proposed project meets the criterion and certification by a registered professional engineer is not warranted. 2. Land form alterations or developments within the 100 -year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; The proposed project area is designated as Light Industrial (I -L) on the city's comprehensive land use plan map. Therefore, the proposed project meets the criterion. 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 -year flood; As shown in the applicant's proposed Soil Removal Interim Remedial Action Measure (IRAM), the proposed soil removal and replacement activities will maintain the existing site elevations and grades and, as such, will not result in any increase in the water surface elevation of the 100 -year floodplain. Therefore, the proposed project meets the criterion. 4. The land form alteration or development plan includes a pedestrian /bicycle pathway in accordance with the adopted pedestrian /bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The project area is located in a parking and driveway area for a previously developed private commercial /light industrial area property. The project is a remediation action where the development of a pedestrian or bike pathways within the project area is not feasible. The 2035 Transportation System Plan does not include a pedestrian or bicycle pathway in the vicinity of the subject site. Therefore, the criterion is not applicable to the proposed project. 5. Pedestrian /bicycle pathway projects within the floodplain shall include a wildlife habitat assessment that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the community's recreation and environmental educational goals; SLR2011 -00001 FORMER COE MANUFACTURING SITE SENSITIVE LANDS REVIEW PAGE 4 OF 6 No pedestrian /bicycle pathway is proposed for this project (see number 4, above). This criterion is not applicable to the proposed project. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS permits and approvals shall be obtained; and No U.S. Army Corps of Engineers, Oregon State Land Board, or Oregon Department of State Lands permits are required for the proposed work because the work will be performed above the ordinary high water mark of the adjacent Red Rock Creek. Clean Water Services (CWS) provided approval for the proposed work in the Service Provider Letter, dated March 23, 2011. As required by CWS, any vegetated areas disturbed by silt fence installation during the project will be re- seeded. 7. Where land form alterations and /or development are allowed within and adjacent to the 100 - year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. The project area is located in a parking and driveway area for a previously developed private commercial /light industrial area property. The proposed activity is environmental remediation consisting of soil removal and fill to existing grade. Therefore, this criterion is not applicable to the proposed action. FINDING: Based on the analysis above, the applicant's submittal meets the applicable Sensitive Lands standards. SECTION VII. OTHER STAFF COMMENTS The City Attorney drafted the Memorandum of Understanding (MOU) to comply with the provisions of ORS 465.315. SECTION VIII. AGENCY COMMENTS Clean Water Services issued a Service Provider Letter No. 11- 000217, dated March 23, 2011, finding no significant impact to Sensitive Areas or Vegetated Corridor near the site. SECTION IX. PROCEDURE AND APPEAL INFORMATION Because the Remediation and the Work Plan were approved by DEQ, the statutory "exempt review" process applies to the proposed onsite remedial activities. ORS 465.315. The Remediation must be consistent with local substantive requirements, but is exempt from the Type III review process (T'DC 18.390.050). Notice: Notice mailed to: X The applicant and owners Owner of record within the required distance Affected government agencies SLR2011 -00001 FORMER COE MANUFACTURING SITE SENSITIVE LANDS REVIEW PAGE 5 OF 6 Final Decision: THIS DECISION IS FINAL ON APRIL 5, 2011 AND EFFECTIVE ON APRIL 6, 2011 Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2434. --.01/x4- April 5, 2011 PREPARED B : Ga Pagenstecher DATE Associate Planner i4 z Plicalcb V?frittAtele April 5, 2011 APPROVED BY: Ron Bunch DATE Community Development Director SLR2011 -00001 FORMER COE MANUFACTURING SITE SENSITIVE LANDS REVIEW PAGE 6 OF 6 • 2S 1 01 CA 2S 1 01 CA '. I h ,/,,'''''2 I I� I I AV6W 91HW 3NaN � t \ waw j I � .1 <: zR I \ I •1' 'II 3fI6W AYW 2IYN �MN 11. I s I I -r ;1 w ,W. -~ W tMfW 1 , Ilt , ; , , .. �� I 'sew ruw ,c. ruw szw s+w �. \�� ,- L - w - -. sw I`. 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I FOR OTHER USE ' Map areas deemlafeddyeWro/Vey ..#^9 ab.....'ef91e4 � mere lo rerore...re ath mwmay nor�rgcme ma ma:r LI ''•••` Ia'roeMbounartes Reese cmrsut the er+P'Mlele map L p bane matt were Nname la m Y Vw/ O L TIGARD 01g2,v/01 2S 1 01CA 2S 101 CA • AB-32 • LEGEND \ \, ., 0290 0.0218 AB -33 • ,+'iD 0,07 ® �l -: Manibring Well (Tighe & Bond - 2001 8 2003) 4.62 ^.., • 78-3 Sol Sample (Tighe & Bond - November 2001) 2-020 2 -01 • . , ..... _ 9 55-14 Soil Sample (Tighe & Bond - December 2002) "� - OCSS -1 Surface Sol Sample (Croakalde - March 2007) `.... Excavation 2 ONFAGP-4 Soil BorinBoring id (Creaksa - March 2007) AB -22 o 11A-1 Hand Auger Boring (Creekslde -Apdi 2007) `" AB-20 ♦♦ P-4 0A199 :.; Sol Boring (AMEC - May 2008) �- 0.171 /I 1 n N. C113-05 Shallow Soil Sample (AMEC - Dec 2010) SS-14 \ °'0724 9989 • A8•2u So9 Boring F (AMEC Con201 - February 9m E 201 etls 0.098 1•. .. 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I , 0.629 ■.,.- Excavatian 1AA 0.0/29 ' t _ ,..' ,. OA114 1'.1 1 • t lrfr • .. Np - 0.312 , ND >01 1AA-01 : la TfY 3a . 29 It 1>n NOTE TAXLOTS AND 2008 AERIAL FROM METRO DATA a1E'R- MR RV: pgg6D4cT REVISED SOIL REMOVAL IRAM DATE: MARCH 2011 RESOURCE CENTER. REALNET INVESTMENTS, LLC MVO BY: - FORMER COE MANUFACTURING FACILFIY - FRONT PARCEL 000 cn,ro .lE 7930 SW HUNZIKER ROAD, TIGARD, OREGON 0-611A- 116854 wn t " MADE] .TLE REV. NO_ CAN 3 IA , lc. - D - (1. OB 0 L 17- rth & Environmental P�ECTalk PCB SHALLOW SOIL ANALYTICAL RESULTS WITH 1 AMEC Earth Approved 7376SW. a/n DR SP FL PROPOSED SHALLOW SOIL REMOVAL AREAS Fi N' /r(''�,� �177 0.124 �{�j�[�� Portland. OR. U.S.A. 97224 1 - �, 4 A:VH(30\1i MOS\1laiNli 5•p/ia�g1 •110lik'Rs Award SW apmM No.`9 - � 1 - Mar. 15, 2011 24350, - steehm _Pir eA nN A ()t.R.vs By 1.-wt Date 3/z 3 /t1 NDTE . No D .- Jt,oP wtEt- af- fi.vi t 5 at t- .� w I - d �v1 Try- B (± )( tot 2 5 (O t cR - 007 oo) • A l a v�ea o f Try ` o c A 5 d -i S � tk- - evLCe slnuU t e- ✓ tsf o rl iy 5ee„livtb -�o 0 1904. C,o,A -\ , . LEGEND _ a _, 7)M.v -, Monitoring Wel (Tighe 0 Bond - 200162003) . .. • T6-3 Son Sample (Tighe & Bane - November 2001) 3 sF + - ,' : , •` "" -A B SS-14 Sal Sample (Tighe & Bono - December 2002) F OCCC•1 Surface Sol Sample (Cmeksklo - March 2007) 4 . , , , •NFAGP•4 Soil Boring (Creekside - March 2007) a'.. 0 HM1 Hand Auger Boring (Creekskte- Apra 2007) .. Sol Boring (AMEC - May 2008) . 010-05 Shallow Sol Sample (AMEC - Dec 2010) NFAGP -3 •AB-2o Soil Boring (AMEC - February 2011) •M3 Sub-Slab Sol Vapor Sample (AMEC - February 2011) *• QM All AnalytiSW ResuBS cal ResWls (0 Rep 1 %. bgs): orted kr rrgrkg � mr o : 0310 ` i, kx 1260 In blur. Snslbw Aroclor 1254 in black �.•... R! ! 1 �q ^ q., ,; `._ ND 'mil ab wTo Detection of PCB Concentration Exceeds .. = EcobgkY Rkk SueeNrg Level Value: H ' • , " 2-04 Amcor 1254: 0.3 Aro4Or 1260:02 0f^ .338, \ \ . 2 a • \\ \\ \ \ ~ ~ ''4 ` • 100 Year Flood Plain (FEMA) Semple Location \\ � ♦ 13 _ ° ' ' ". ......' .::. ,•• ® Sol Removal Arca (Creokslda Fao. 2006) 0.1300 i', Soil Removal Area (RealNel Dec 23. 2010) AB -32 • AB -330 ® Proposed Shallow Sol Removal Area .A d 027 0.0218 6.8 � �. Proposed Sill Fence Installation Location CO N + 2-026 2-01 . . . e•. i Excavation 2 , w , ' .w. \ AB -22 .,� AB -20 \ • P-4 oA1so � 0.171 PB- 1 o 0 s 14 ~ 0.0724 0.t180 \ \ 7 \1 0. 3 4t6 38/4 DAMS .�� \ - •.. D389 \ \∎1)6 r O. \ Excavation ICC ' � ' �jj _. 0.830 ........ - ap - v P ' >bo �i�u1� -01 �. I� AB -18 0.036 \,� =3 t4 SS -1 SS-13 1 b lip D Og�2 ozia P 01: 7 2 0 . 0 -1 .r A 12so o ao ^� NO 79 19 I It. \ \ T $ o \ A 0• 10 20 30' I 05 B -05 •,., 0.160 1CC -01 0.140 ! •r:; -;ao 1 _ SV -3 NOTE: TAXLOTS AND 2008 AERIAL FROM METRO DATA 00 - owu � • MAW Pao T REVISED SOIL REMOVAL IRAM DATE: 2011 RESOURCE CENTER. REALNET INVESTMENTS, LLC clmty Er: FORMER COE MANUFACTURING FACILITY - FRONT PARCEL vmo .,:,: JE 7930 SW HUNZIKER ROAD, TIGARD, OREGON 6614 - 1111054 OATM. (`(,, �/'(1 l o [ /� U l W 5 1 Iii �k l fr V� 2 l 14083 Tm.c REV. HO: AMEC Earth & Environmental ,oH PCB SHALLOW SOIL ANALYTICAL RESULTS WITH 1 Approved 73765. Durham Road 722 am WALE: DRSP F1 ' PROPOSED SHALLOW SOIL REMOVAL AREAS FIGURE Penland. OR USA 97224 5 E \71 9D1l 1880\7146341 i iickr igir �, 7 � . B - .104.0.0 SIC4w 501 R. w mo.1 Me.dwo - 0N'^ur 1 - M., 15. 2011 2,33, - .1Mkone.amrsinbes , By LJAA,ik . z3 /r $e t , , t , v im - 2 - F 2. y RealNet Investments, LLC SLR2011 -00001 Attn: Arthur Johnstone FORMER COE MANUFACTURING SITE 9570 SW Barbur Blvd. Suite 311 Portland, OR 97219 EXHIBIT.,. AMEC Earth & Environmental, Inc. Attn: Joel Eledge 7376 SW Durham Road Portland, OR 97224 Gould Family Properties VI, LLC 527 Atando Avenue, Charlotte, NC 28206 /•F IC is N 'r re on s r Department of Environmental Quality Nortwest Region Portland Office 69 i " John A. Kitzhaber, MD, Governor 2020 SW 4th Avenue, Suite 400 Portland, OR 97201 -4987 (503) 229 -5263 Fax: (503) 229 -6945 September 2, 2011 TTY: (800) 736 -2900 Arthur Johnstone Representative for Coe Ownership Group 8029 SW Devon Lane Portland, OR 97219 Re: Redrock Creek Sediment Removal Action Coe Manufacturing Property — Tract B 7930 SW Hunziker Road, Tigard, OR ESCI #983 Dear Mr. Johnstone, Oregon Department of Environmental Quality (DEQ) Cleanup Program staff have reviewed sediment results provided by your consultant(AMEC), and evaluated those results in light of your desire to move forward with remedial action to address elevated concentrations of polychlorinated biphenyls (PCBs) and metals found in Redrock Creek sediments adjacent to your site. DEQ's review and analysis have been performed in accordance with an Independent Cleanup Pathway (ICP) agreement dated October 16, 2006, and signed by Scott Fouser of RealNet on November 15, 2006. In order to enable an effective remedial action that will provide near -term positive impacts to sediments in Redrock Creek, DEQ is approving a removal action under authority per Oregon Revised Statutes (ORS) 465.260. Significant investigation has occurred along the reach of Redrock Creek that borders the west side of the Coe Manufacturing property and in site upland areas where elevated concentrations of metals and polychlorinated biphenyls (PCBs) were apparently released during the past industrial uses of the site. In addition, the party managing the cleanup, the Coe Ownership Group, has already completed upland soil removal in areas impacted by historic releases that posed a threat to site workers, and a potential ongoing threat of release to the creek. Sediment data collected in Redrock Creek shows that detectable concentrations of PCBs and metals are present in areas where runoff from the Coe Manufacturing area has impacted the creek, and also in upstream and downstream samples, indicating that there are likely other sources that have contributed to the sediment contamination present in the creek. DEQ, through discussions with the Coe Ownership Group, has determined that a removal action that can be implemented prior to closure of the in -water work window' will provide significant exposure risk reduction in a timely manner that is conducive to their desire to make progress on the site and is sensitive to their financial situation. It is important to note that the in -water work window for the Tualatin basin tributaries closes on September 30, 2011. I Based on the document "Oregon Guidelines for Timing of In -Water Work to Protect Fish and Wildlife Resources," Oregon Fish and Wildlife Department, June, 2008. Coe Mfg. — Redrock Creek Sediment Removal 2 September 2, 2011 In order to identify an effective sediment removal action that will remove contamination that is clearly elevated and sourced from the Coe Manufacturing site, DEQ has calculated site - specific background concentrations that represent the ambient influences from other point and non -point sources in this industrial area of Tigard. The background sediment concentrations for site - related contaminants of concern have been considered in guiding the selection of removal standard for the site that will be protective of human and ecological receptors, and focus on those sediments clearly impacted by releases from the past operations on the Coe facility. The analysis used to identify removal standards for the site is consistent with both DEQ rule and guidance, but acknowledges the unique nature of the site (a small impacted area within an industrial setting, contaminant "contributions" from one of more off-site sources, the benefits from early action, etc.). The removal action is intended to allow for significant improvement to the sediment and reduce exposures to Redrock Creek biota and fauna that live in and around the creek. Following the removal, the Coe Ownership Group and their consultant will perform a residual risk assessment and, if needed, a focused feasibility study that will define the remaining risk and evaluate options to further reduce risk if required. If the values outlined below are met through the removal action, and confirmatory samples do not exceed same, it is DEQ's expectation that the risk posed by PCBs and metals in Redrock Creek will have been adequately addressed. To guide the definition of the sediment removal area that will reduce sediment concentrations of polychlorinated biphenyls, lead (Pb) and zinc (Zn) and that will be beneficial to ecological species in and around RRC, DEQ is using Probable Effects Levels (PELs) for lead, zinc and PCBs. The following PELs for freshwater sediments will be used to guide the sediment removal action: Lead — 91.3 mg /kg Zinc — 315 mg /kg PCBs — 0.277 mg /kg Threshold effect levels (TELs) are used by DEQ as sediment screening levels to indicate the potential for benthic toxicity. Sediment concentrations of lead, zinc, and PCBs exceed TELs at the site. Typically a risk assessment is performed to more definitively identify areas of concern. Sediment bioassays are sometimes conducted to further characterize risk. At this site, DEQ and Coe Ownership Group have agreed to accept that there is an unacceptable risk to benthic organisms, and to focus on removal actions. Given the relatively small areas of impact, DEQ determined that PELs are appropriate remediation levels to protect the environment. Potential bioaccumulation impacts on fish, birds, and mammals were also considered by comparing site sediment concentrations with DEQ sediment bioaccumulation screening levels Most sediment samples collected adjacent to and upstream of the Coe site had detected chemical concentrations above screening levels. However, because of the plan to remediate sediment based on potential threats to benthic organisms, the highest concentrations of chemicals in sediment are targeted for removal. The contaminated areas that will remain after removal appear to be relatively small compared with the local population areas of fish, birds, 2 Sherri L. Smith et al., A Preliminaiy Evaluation of Sediment Quality Assessment Values for Freshwater Ecosystems, J. Great Lakes Res., 22(3):624 -638, 1996. 3 DEQ, Guidance for Assessing Bioaccumulative Chemicals of Concern in Sediment, April 3, 2007. Coe Mfg. — Redrock Creek Sediment Removal 3 September 2, 2011 and mammals used for evaluating bioaccumulation impacts. For this reason, DEQ determined that it is not necessary to remediate all sediment to bioaccumulation levels. STATEMENT OF WORK FOR REMOVAL ACTION PLAN AND IMPLEMENTATION: a. Coe Ownership Group will direct AMEC to prepare a Conceptual Site Model that defines the areas of sediment in Redrock Creek that have been impacted by releases from historic industrial activity at the Coe Manufacturing Site. Areas identified as being impacted by site activity will be determined to be within the Locality of the Facility. Assumed impacts from off-site sources will likewise be identified. b. Coe Ownership Group will direct AMEC to define the boundaries of sediment removal areas in Redrock Creek that exceed the remedial action goals (the PELs) and submit a plan to DEQ that defines the removal area(s), describes the measures that will be used to perform the removal, and proposed locations of confirmation samples. The Coe Group and AMEC may consult with DEQ prior to finalizing the plan. c. DEQ will review the removal action area determined by AMEC and the Coe Group to determine if it meets the removal action criteria noted above and then approve the proposed removal area. When DEQ issues the approval we will also issue a press release and public notice announcing our decision. d. As part of the removal action, AMEC will collect confirmation samples that will be used to evaluate the effectiveness of the removal and in assessing post - removal residual risk. e. Post - removal, the Coe Ownership Group will produce a Removal Report and Residual Risk Assessment, the latter of which will determine the level of residual risk for human and ecological species on the site based on upland soil and sediment remedial and removal actions. f. If the Residual Risk Assessment demonstrates that actions to date are protective of human health and the environment, DEQ will proceed with site closure. If unacceptable residual risk is identified, additional action including a Focused Feasibility Study to identify a final site remedy will be necessary. g. At the time that DEQ is prepared to issue a final closure and no further action notice, we will need to provide for a 30 -day public comment period that will allow public input into our final remedial decision for the site. DEQ appreciates the work you have completed so far at the former Coe Manufacturing site. If you have questions please contact me at (503) 229 -6431 or by email at harman .charlesRdeq_state.or.us. If you have an urgent question and I am not available, please contact Dan Hafley, as he has authority to make project decisions for this site. Sincerely, Chuck Harman, Acting Manager NWR Cleanup Program cc: Mike Paulsen, DEQ NWR Cleanup Dan Hafley, DEQ NWR Cleanup Joel L. Eledge, AMEC ECSI File #983 ORS 465.315 - Standards for -ee of cleanup required - 2009 Oregoi vised Statutes Page 1 of 6 saa0//-cee29/ 2009 ORS § 465.315 Standards for degree of cleanup required • Hazard Index • risk protocol • hot spots of contamination • exemption • rules (1) (a) Any removal or remedial action performed under the provisions of ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) and 465.900 (Civil penalties for violation of removal or remedial actions) shall attain a degree of cleanup of the hazardous substance and control of further release of the hazardous substance that assures protection of present and future public health, safety and welfare and of the environment. (b) The Director of the Department of Environmental Quality shall select or approve remedial actions that are protective of human health and the environment. The protectiveness of a remedial action shall be determined based on application of both of the following: (A) The acceptable risk level for exposures. For protection of humans, the acceptable risk level for exposure to individual carcinogens shall be a lifetime excess cancer risk of one per one million people exposed, and the acceptable risk level for exposure to noncarcinogens shall be the exposure that results in a Hazard Index number equal to or less than one. "Hazard Index number" means a number equal to the sum of the noncarcinogenic risks (hazard quotient) attributable to systemic toxicants with similar toxic endpoints. For protection of ecological receptors, if a release of hazardous substances causes or is reasonably likely to cause significant adverse impacts to the health or viability of a species listed as threatened or endangered pursuant to 16 U.S.C. 1531 et seq. or ORS 496.172 (Commission management authority for threatened or endangered species), or a population of plants or animals in the locality of the facility, the acceptable risk level shall be the point before such significant adverse impacts occur. https: / /www.oregonlaws.org /ors /465.315 4/1/2011 ORS 465.315 - Standards for -ee of cleanup required - 2009 Orego1 vised Statutes Page 2 of 6 (B) A risk assessment undertaken in accordance with the risk protocol established by the Environmental Quality Commission in accordance with subsection (2)(a) of this section. (c) A remedial action may achieve protection of human health and the environment through: (A) Treatment that eliminates or reduces the toxicity, mobility or volume of hazardous substances; (B) Excavation and off -site disposal; (C) Containment or other engineering controls; (D) Institutional controls; (E) Any other method of protection; or (F) A combination of the above. (d) The method of remediation appropriate for a specific facility shall be determined through an evaluation of remedial alternatives and a selection process to be established pursuant to rules adopted by the commission. The director shall select or approve a protective alternative that balances the following factors: (A) The effectiveness of the remedy in achieving protection; (B) The technical and practical implementability of the remedy; (C) The long term reliability of the remedy; (D) Any short term risk from implementing the remedy posed to the community, to those engaged in the implementation of the remedy and to the environment; and (E) The reasonableness of the cost of the remedy. The cost of a remedial action shall not be considered reasonable if the costs are disproportionate to the benefits created through risk reduction or risk management. Subject to the preference for treatment of hot spots, when two or more remedial action alternatives are protective as provided in paragraph (b) of this subsection, the least expensive remedial action shall be preferred unless the additional cost of a more expensive alternative is justified by proportionately greater benefits within one or more of the factors set forth in subparagraphs (A) to (D) of this paragraph. The director shall use a higher threshold for evaluating the reasonableness of the costs for treating hot spots than for remediation of areas other than hot spots. (e) For contamination constituting a hot spot as defined by the commission pursuant to subsection (2)(b) of this section, the director shall select or approve a remedial action requiring treatment of the hot spot https: / /www.oregonlaws.org /ors /465.315 4/1/2011 ORS 465.315 - Standards for ree of cleanup required - 2009 Orego wised Statutes Page 3 of 6 contamination unless treatment is not feasible considering the factors set forth in paragraph (d) of this subsection. For contamination constituting a hot spot under subsection (2)(b)(A) of this section, the director shall evaluate, with the same preference as treatment, the excavation and off - site disposal of the contamination at a facility authorized for such disposal under state or federal law. For excavation and off -site disposal of contamination that is a hazardous waste as described in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385), the director shall consider the method and distance for transportation of the contamination to available disposal facilities in selecting or approving a remedial action that is protective under subsection (1)(d) of this section. If requested by the responsible party or recommended by the Department of Environmental Quality, the director may select or approve excavation and off -site disposal as the remedial action for contamination constituting a hot spot under subsection (2)(b)(A) of this section. (f) The Department of Environmental Quality shall develop or identify generic remedies for common categories of facilities considering the balancing factors set forth in paragraph (d) of this subsection. The department's development of generic remedies shall take into consideration demonstrated remedial actions and technologies and scientific and engineering evaluation of performance data. Where a generic remedy would be protective and satisfy the balancing factors under paragraph (d) of this subsection at a specific facility, the director may select or approve the generic remedy for that site on a streamlined basis with a limited evaluation of other remedial alternatives. (g) Subject to paragraphs (b) and (d) of this subsection, in selecting or approving a remedial action, the director shall consider current and reasonably anticipated future land uses at the facility and surrounding properties, taking into account current land use zoning, other land use designations, land use plans as established in local comprehensive plans and land use implementing regulations of any governmental body having land use jurisdiction, and concerns of the facility owner, neighboring owners and the community. (2) The commission shall adopt rules: (a) Establishing a risk protocol for conducting risk assessments. The risk protocol shall: (A) Require consideration of existing and reasonably likely future human exposures and significant adverse effects to ecological receptor health and viability, both in a baseline risk assessment and in an assessment of residual risk after a remedial action; (B) https: / /www.oregonlaws.org /ors /465.315 4/1/2011 ORS 465.315 - Standards for ree of cleanup required - 2009 Orego wised Statutes Page 4 of 6 Require risk assessments to include reasonable estimates of plausible upper -bound exposures that neither grossly underestimate nor grossly overestimate risks; (C) Require risk assessments to consider, to the extent practicable, the range of probabilities of risks actually occurring, the range of size of the populations likely to be exposed to the risk, current and reasonably likely future land uses, and quantitative and qualitative descriptions of uncertainties; (D) Identify appropriate sources of toxicity information; (E) Define the use of probabilistic modeling; (F) Identify criteria for the selection and application of fate and transport models; (G) Define the use of high -end and central- tendency exposure cases and assumptions; (H) Define the use of population risk estimates in addition to individual risk estimates; (1) To the extent deemed appropriate and feasible by the commission considering available scientific information, define appropriate approaches for addressing cumulative risks posed by multiple contaminants or multiple exposure pathways, including how the acceptable risk levels set forth in subsection (1)(b)(A) of this section shall be applied in relation to cumulative risks; and (J) Establish appropriate sampling approaches and data quality requirements. (b) Defining hot spots of contamination. The definition of hot spots shall include: (A) Hazardous substances that are present in high concentrations, are highly mobile or cannot be reliably contained, and that would present a risk to human health or the environment exceeding the acceptable risk level if exposure occurs. (B) Concentrations of hazardous substances in ground water or surface water that have a significant adverse effect on existing or reasonably likely future beneficial uses of the water and for which treatment is reasonably likely to restore or protect such beneficial use within a reasonable time. (3) Except as provided in subsection (4) of this section, the director may exempt the on -site portion of any removal or remedial action conducted under ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of https: / /www.oregonlaws.org /ors /465.315 4/1/2011 ORS 465.315 - Standards for ree of cleanup required - 2009 Orego wised Statutes Page 5 of 6 dry cleaning fees) and 465.900 (Civil penalties for violation of removal or remedial actions) from any requirement of ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385) to 466.385 (Amendment of comprehensive plan and land use regulations) and ORS chapters 459, 468, 468A and 468B. Without affecting substantive requirements, no state or local permit, license or other authorization shall be required for, and no procedural requirements shall apply to, the portion of any removal or remedial action conducted on- site where such removal or remedial action has been selected or approved by the director under this section, unless the permit, license, authorization or procedural requirement is necessary to preserve or obtain federal authorization of a state program or the person performing a removal or remedial action elects to obtain the permit, license or authorization or comply with the procedural requirement. The person performing a removal or remedial action shall notify the appropriate state or local governmental body of the permits, licenses, authorizations or procedural requirements waived under this subsection and, at the request of the governmental body, pay applicable fees. Any costs paid as a fee to a governmental body under this subsection shall not also be recoverable by the governmental body as remedial action costs. (4) Notwithstanding any provision of subsection (3) of this section, any on -site treatment, storage or disposal of a hazardous substance shall comply with the standard established under subsection (1)(a) of this section and any activities conducted in a public right of way under a removal or remedial action pursuant to this section shall comply with the requirements of the applicable jurisdiction. (5) Nothing in this section shall affect the authority of the director to undertake, order or authorize an interim or emergency removal action. (6) Nothing in this section or in rules adopted pursuant to this section shall prohibit the application of rules in effect on July 18, 1995, that use numeric soil cleanup standards to govern remediation of motor fuel and heating oil releases from underground storage tanks. [Formerly 466.573; 1993 c.560 §102; 1995 c.662 §1; 1999 c.740 §1; 2003 c.14 §298] (No annotations for this section.) https: / /www.oregonlaws.org /ors /465.315 4/1/2011 ORS 465.315 - Standards for ree of cleanup required - 2009 Orego wised Statutes Page 6 of 6 Related Statutes • 183.700 Permits subject to ORS 183.702 • 465.333 Recovery of costs of program development, rulemaking and administrative actions as remedial action costs • 466.872 Certification of voluntary decommissioning or approval of corrective action 1 Legislative Counsel Committee, CHAPTER 465—Hazardous Waste and Hazardous Materials 1, http: / /www.leg.state.or.us /ors /465.html (2009) (last accessed Mar. 8, 2010). 2 OregonLaws.org contains the contents of Volume 21 of the ORS, inserted alongside the pertinent statutes. See the preface to the ORS Annotations for more information. 3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information www.oregonlaws.org https: / /www.oregonlaws.org /ors /465.315 4/1/2011 LAND USE PROPOSAL DESCRIPTION T 11111.1 GARD 120 DAYS = 7/29/2011 FILE NO.: SENSITIVE LANDS REVIEW (SLR) 2011 -00001 (Type III Land Use Application with exempt review process per ORS 465.315.) FILE TITLE: FORMER COE MANUFACTURING SITE APPLICANT: RealNet Investments, LLC APPLICANT'S AMEC Earth & Environmental, Inc. Attn: Arthur Johnstone REP: Attn: Joel Eledge 9570 SW Barbur Blvd. Suite 311 7376 SW Durham Road Portland, OR 97219 Portland, OR 97224 OWNER: Gould Family Properties VI, LLC 527 Atando Avenue, Charlotte, NC 28206 REQUEST: The applicant is requesting Sensitive Lands Review approval for the proposed Soil Removal Interim Remedial Action Measure (IRAM) at the Former Coe Manufacturing Property (Site). The proposed soil removal IRAM activities are described in detail within AMEC's Work Plan, dated March 17, 2011, which was submitted as an attachment to the RealNet's Sensitive Lands Review Application. Because the Work has been approved by the Oregon Department of Environmental Quality (DEQ), the statutory "exempt review" process applies to the IRAM activities per ORS 465.315. The application is for Phase I (upland remediation) of a two -phase remediation. Phase II will include remediation within the Red Rock Creek vegetated corridor and is to be completed when the scope of work is approved by DEQ and a subsequent Sensitive Lands Review application and decision have been processed. BACKGROUND: The Seller is selling to Buyer ownership of the real property located at 7930 SW Hunziker Road, Tigard, Oregon and more particularly identified as tax lot 2S101CA -400. The Oregon Department of Environmental Quality (DEQ) requires remediation of certain environmental conditions on a portion of the Property. The Remediation, as described in the Work Plan included in the applicant's materials includes remediation in the floodplain that is scheduled to be initiated in April 2011. Because the Remediation and the Work Plan were approved by DEQ, the statutory "exempt review" process applies to onsite remedial activities. ORS 465.315. The Remediation must be consistent with local substantive requirements, so Seller and DEQ have asked the City to issue a site Letter of Determination ( "Letter of Determination ") before the Remediation commences. The Letter of Determination is issued by the Community Development Department ( "CD ") to confirm that the Remediation meets City's substantive requirements. A portion of the Property is located in the 100 -year floodplain. The proposed Remediation involves ground disturbance and /or land form alteration in the floodplain involving more than 50 cubic yard of material, which triggers a Type IIIA Sensitive Lands Review under Tigard Development Code ( "TDC ") section 18.775.020(G)(2)(b). In accordance with the statutory exempt review process, a City land use review process is not being undertaken, but the City must review the proposed floodplain Remediation for compliance with the Sensitive Lands Review criteria at TDC 18.775.070(B)(1) -(7). LOCATION: 7930 SW Hunziker Street; Washington County Tax Map 2S101CA, Tax Lot 00400. The property is located south of SW Hunziker Street and includes a segment of Red Rock Creek ZONE: I -L: Light Industrial District. The I -L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.530, 18.745 and 18.775. DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II ® TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: N/A DATE COMMENTS ARE DUE: N/A HEARINGS OFFICER (MON.) DATE OF HEARING: Exempt review process per ORS 465.315 TIME: 7:00 PM PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM STAFF DECISION (TENTATIVE) DATE OF DECISION: APRIL 5, 2011 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ∎A VICINITY MAP Z DRAINAGE PLAN i i IMPACT STUDY ■ SITE PLAN _ STORM WATER ANALYSIS SIGHT DISTANCE ANALYSIS NARRATIVE TREE PLAN OTHER: MISCELLANEOUS STAFF CONTACT: Gary Pagenstecher, Associate Planner (503) 718- 2434 RECEIVED MAR 3 1 2011 CITY OF - TIGARD PSI Dt SYFt.!1 ^NFFII! G CITY OF TIGARD PLANN ING' DIVISION .1. �: LAND USE PERMIT APPLICATION - ��; ,. City o f Tigard Permit Colter 13125 SW Hall Blvd., Tigrre4 OR 97223 . • • , { 1,' Phone: 503.639:4171 Fa.' 503.598.19, 60 File ii L(?„ "o I) f f - 0000011 Other Case # . 1 I • Date [ 3131)1 1 1 By 1 S' i, � -: I Receipt #' Lg '> I Fee - t . l Date;Complete 1 1 • TYPE OF PERMIT YOU ARE APPLYING FOR 0 Adjustment /Variance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ® Sensitive Lands Review (I, II or III) ❑ Development Code Amendment (IV) • J Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) LOCAITON \VI{FRE PROPOSED ACTIVITY \C'IT.. OCCUR (AckIrees itavaiLablc) 7930 SW Hunziker Street TAB{ MAPS & TAX LOT NOS. 2S101CA, tax lot 400 o AL sri.LI SIZE ZONING CLASSIFICATION 4.67 acres Light Industrial (I -L) APPLICANT' RealNet Investments, LLC — MAILINC; ADDRESS /CITY /S'L'ATE /ZIP 9570 SW Barbur Boulevard, Suite 311, Portland, OR 97219 PHONE NO. FAX NO. (503)459 -4732 (503) 210 -0401 PRIMARY CONTACT PERSON PHONE NO. Art Johnstone (503) 548 -3901 PILOPI R1 Y OWNER /DLLD FSOL L1t {Attaeb fist i(no dcmn one) Gould Family Properties VI, LLC • MAILING ADDR�'CS /CITY /STA E/ZIP 527 Atando Avenue, Charlotte, NC, 28206 PI- toNENO. FAX NO. (800) 951 -4140 x 416 (704) 342 -0325 *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 owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. • ' PROPOSAL. SUMMAltl' C'Lnse be six c c) — RealNet proposes to excavate and replace approximately 85 cubic yards of contaminated soil (maximum excavation depth of 1 foot below ground surface)within the 100 year flood plain as part of an Oregon Department of Rnvi rnnmena1 Qiin 1 i ty apprnved Triteri m RPmerii al AC'tinfl MPaSllre P1e.asP seP attachcd Work Plan. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is \curpin \ masters \land use applications \other land use applications.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the tern and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any pen issued, based on this application, map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. tL_ 11 3/ s 1 Owner's S Date Owner's Signanue Date Owner's Signature Date Owner's Signature Date Owner's Signature Date k4 41 t pplicant /Agent /Representative' ignature Dat Applicant /Agent /Representative's Signature Date CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 182005 - 03/31/2011 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID SLR2011 -00001 Application -Type 111 1003100 -43116 $2,476.00 SLR2011 -00001 Application -Type 111 - LRP 1003100 -43117 $365.00 Total: $2,841.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4377 STREAT 03/31/2011 $2,841.00 Payor: Arthur Frank Johnstone Total Payments: $2,841.00 Balance Due: $0.00 Page 1 of 1 RECEt'J ED MEMORANDUM OF UNDERSTANDING MAR 3 1 2011 BETWEEN: Dawn New Hunziker LLC; CITY OF TIGARD Wells Apartments, LLC; Michael Lehne Hunziker, LLC; Suzanne Lehne Hunziker, LLC; James S.Russell; and Karen M. Russell, Trustees of the Russell Family PLANNiN fENG1NEERtPJG Living Trust U /A/D December 2. 2009 (together "Seller ") AND: CITY OF TIGARD ( "City ") by and through its Community Development Department ( "CD ") DATED: , 2011. RECITALS A. Seller is selling to Buyer ownership of the real property located at 7930 SW Hunziker Road, Tigard, Oregon and more particularly identified as tax lot 2S 101 CA- 400 on the map attached here as Exhibit A (the "Property "). This sale of real property is occurring pursuant to the Purchase and Sale Agreement between the Seller and Buyer, dated November 11, 2010, attached hereto as Exhibit B. B. The Oregon Department of Environmental Quality ( "DEQ ") requires remediation (the "Remediation ") of certain environmental conditions on a portion of the Property. The Remediation, as described in the Work Plan attached hereto as Exhibit C and as further described in Seller's March 24, 2011, submittal to CD (see attached Exhibit D, includes remediation in the floodplain that is scheduled to be initiated in 2011). C. Because the Remediation and the Work Plan[Exhibit C] were approved by DEQ, the statutory "exempt review" process applies to onsite remedial activities. ORS 465.315. The Remediation must be consistent with local substantive requirements, so Seller and DEQ have asked the City to issue a site Letter of Determination ( "Letter of Determination ") before the Remediation commences. The Letter of Determination is issued by the Community Development Department ( "CD ") to confirm that the Remediation meets City's substantive requirements. D. A portion of the Property is located in the 100 -year floodplain. The proposed Remediation involves ground disturbance and/or land form alteration in the floodplain involving more than 50 cubic yard of material, which triggers a Type IIIA Sensitive Lands Review under Tigard Development Code ( "TDC ") section 18.775.020(G)(2)(b). In accordance with the statutory exempt review process, a City land use review process is not being undertaken, but CD must review the proposed floodplain Remediation for compliance with the Sensitive Lands Review criteria at TDC 18.775.070(B)(1) -(7). E. City and Seller acknowledge that time is of the essence for Seller's Page 1 — MEMORANDUM OF UNDERSTANDINGS0014 -36794 Clean Exempt Review MOU (2).DOCX ve/3 /31/2011 commencement and completion of the proposed floodplain Remediation. AGREEMENT NOW THEREFORE, in consideration of the mutual promises of the parties set forth in this Memorandum of Understanding ( "MOU "), the City and Seller agree as follows: 1. Required City Approvals. City and Seller agree that the only City land use approval needed before Seller can commence the Remediation is the Letter of Determination and Exempt Sensitive Lands Review approval for the Remediation. 2. Seller Obligations. 2.1 If Seller wants to perform additional development of the Property outside the scope of the Remediation, Seller must apply for land use approval(s) and /or building permit(s). Seller agrees to comply with the provisions of the Tigard Municipal Code ( "TMC ") and TDC that are in effect at the time when each of such application(s) are submitted, including required exactions, if any. All exactions shall comply with all TMC and TDC requirements and other applicable laws, rules and regulations, including without limitation the Oregon and US Constitution, that are in effect at the time exactions are required. 2.2 Seller has submitted narratives dated March 24, 2011, addressing the Exempt Sensitive Lands Review standards (attached as Exhibit D). 3. CD Obligations 3.1 CD shall issue the Letter of Determination within seven (7) working days of when this MOU becomes effective. 3.2 CD shall issue its Exempt Sensitive Lands Review decision within seven (7) working days of when this MOU becomes effective. 4. General Provisions 4.1 This MOU constitutes the complete and final understanding of the parties with respect to the matters set forth above in this MOU. 4.2 Seller and City agree to use commercially reasonable efforts to enter into the definitive documents contemplated by this MOU as soon as is reasonably possible. Each party shall use its commercially reasonable judgment in negotiation the terms of these definitive documents. 4.3 This MOU is effective when signed by all parties. 4.4 This MOU may be terminated only upon the written agreement of all parties. Page 2 — MEMORANDUM OF UNDERSTANDINGsoo / 36794 Clean Exempt Review MOU (2).DOCX lie /3/31/2o11 4.5 Nothing in this MOU creates an obligation for Seller to commence the Remediation. IN WITNESS WHEREOF, the parties have executed this MOU in counterparts and delivered this MOU as of the first set forth above. COMMUNITY DEVELOPMENT DEPARTMENT By: Print Name: Its: Date: Approved as to form: City Attorney SELLER DAWN W UNZIKER, LLC WELLS APAR MENTS, LLC By: a By: � Print . me: ..4tr, v 4 c 7'z Print Nam tcrFO Sri e Its: - a( C 10)-1.122 i/eSe Its: / 4Geq` C / DA r_o uit e Date: 3 / 3 /'-' Date: �h 0,3//' MICHAEL EHNE HUNZIKER, LLC SUZANNE EHNE HUNZIKER, LLC r ff' By: - By: Print N e: 427764 eci-,c)S 7 Print e: 'i d i, e Its: s`5h &Dui - e�eu Its: Date: 3 /r Date: JAMES S. RUSSELL AND KAREN M. RUSSELL, TRUSTEES OF THE RUSSELL FAMILY LIVING TRUST U /A/D DECEMBE 2, 2009 By: d‘e,r Print ame: S727iv Its: eST �L iPQ�f� Date: a/ Page 3 — MEMORANDUM OF UNDERSTANDINGsoor4- 36794 Clean Exempt Review MOU (2).DOCX ye /3 31/2011 -. -. 2S 1 01CA 2S 1 01CA i 1 , -- / „,, _ / / „ --_ ,.,,,,, ..• :::::‘‘...':.' . ..- '''' ./ .• ''' '-',',' .' ' ' •''. ''„ ‘‘,‘ ''', ' , s .. ‘' ‘ .. ...:' ' , ›- .- , ' ' // / i , 400 1 1 , ' '. ' WASHINGTON COUNTY OREGON . 400 Al e NE1/4 SW1/4 SECTION 01 T2R R1W W.M. 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Cancelled Texans Far: 25101CA • SW ...„7.7.1 300A1,200-A1000 300 A2 &BOAC • ' , ' „ ' ,• ., 7 • ' , .. 10 CC I ... - ''. •, . , .. , \sqs,zzryterrol. - " m • I •■• 0 5.4 PIM C/V?TOGRAPHY , - , tl W C 7:CO Cl o De N : o em T :: E r:1 y 3 0 , 2 < 1 r 0 AS P l' -- I. P'"' ' tr- 1- ,::: ."' , , , i ,;:,: -/, : ':::/:-:/:*-`.::-:<:'`., '.'-... .''>:, TIGARD 2S1 01CA 2S 1 01CA (Navvy, tml ow -. E td PURCHASE AND SALE AGREEMENT DATED: November / 1 , 2010 BETWEEN: Dawn New Hunziker LLC; Wells Apartments, LLC; Johnstone Living Trust; Youde Family Trust, Tigard LLC; Michael Lehne Hunziker, LLC; Suzanne Lehne Hunziker, LLC; James S. Russell; and Karen M. Russell, Trustees of the Russell Family Living Trust U /A/D December 2, 2009 (together, "Seller ") AND: Gould Family Properties VI, LLC, a Florida limited liability company ( "Buyer ") Recitals: Seller owns certain real property located at 7930 SW Hunziker Road in Tigard, Washington County, Oregon, legally described on the attached Exhibit A and the improvements and fixtures thereon, together with four (4) 10 -ton bridge cranes, one (1) 4 -ton bridge crane, and twenty six (26) jib cranes (collectively, the "Property "). Seller desires to sell and Buyer desires to buy the Property on the terms and conditions set forth in this Purchase and Sale Agreement (the "Agreement "). Agreements: In consideration of the foregoing and the mutual covenants of the parties set forth in this Agreement, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property for the price and in accordance with the terms and conditions set forth in this Agreement. 2. Purchase Price and Payment. 2.1 Purchase Price. The purchase price of the Property (the "Purchase Price ") is Two Million Six Hundred Twelve Thousand Five Hundred and No /100 Dollars ($2,612,500.00), payable all in cash on the Closing Date. 2.2 Earnest Money. On the date on which this Agreement is executed and delivered by the parties (the "Effective Date "), Buyer shall deposit Fifty Thousand and No /100 Dollars ($50,000.00) in immediately available funds (the "Earnest Money Payment ") with Fidelity National Title Company, Attn: Vicki Kryszak, 900 SW Fifth Avenue, Mezzanine Level, Portland, OR 97204 (the "Title Company "). The Earnest Money Payment shall be deposited into a federally- insured interest - bearing account by the Title Company. The Earnest Money Payment and all interest accrued thereon (together, the "Earnest Money ") shall be 1 ::0DMA\PCDOCS\PORTLAND \731289 \6 nonrefundable on the date Buyer waives (or is deemed to have waived) the Due Diligence Contingencies (described in Section 5.1). On the Closing Date, the Earnest Money shall be credited against the Purchase Price. 3. Due Diligence Deliveries. 3.1 Title Report. Seller has provided to Buyer a preliminary title report for the Property issued by the Title Company under Order No. 20100011680- FTPOR01 dated October 4, 2010 (the "Title Report "). Within twenty (20) days after the Effective Date, Buyer shall give notice to Seller ( "Buyer's Title Notice ") specifying each title matter for which Buyer is requesting a cure by Seller ( "Title Objections "). Buyer's failure to deliver Buyer's Title Notice to Seller within the time period specified above shall be a conclusive presumption that Buyer has approved the Title Report. Within ten (10) days after receiving Buyer's Title Notice, Seller shall deliver to Buyer written notice ( "Seller's Title Notice ") of those Title Objections which Seller agrees either to eliminate or cure by the Closing Date. Seller's failure to deliver Seller's Title Notice to Buyer within the time period specified above shall be deemed to constitute Seller's election not to eliminate or cure any Title Objections. If Seller elects (or is deemed to have elected) not to eliminate or cure any Title Objections, Buyer shall have the right, by written notice delivered to Seller within five (5) business days of Seller's Title Notice or within five (5) business days after the expiration of the time period during which Seller is entitled to deliver Seller's Title Notice, whichever occurs first, to either: (i) waive its Title Objections which Seller has elected not to cure or (ii) terminate this Agreement. Buyer's failure to deliver a notice that either waives its Title Objections or terminates the Agreement within such five (5) business day period shall be a conclusive presumption that Buyer has approved the Title Report and this Agreement shall remain in full force and effect. All matters approved or deemed approved by Buyer as provided in this Section 3.1 are referred to as "Permitted Exceptions" in this Agreement. 3.2 Delivery of Documents. Seller has either delivered to Buyer or will, within five (5) business days after the Effective Date, deliver the documents described on the attached Exhibit B to Buyer. Seller represents that, to Seller's actual knowledge, the items listed on Exhibit B are all the material reports in the possession of Seller that describe the environmental condition of the Property. Seller agrees to direct Bridgewater Group to make available any additional documents and written information in Bridgewater Group's possession relating to the Property for Buyer's inspection and copying in Bridgewater Group's offices, at reasonable times and upon reasonable prior notice. Seller and its agents shall have no responsibility or liability for the completeness or accuracy of the document listed on Exhibit B or any other information given by Seller to Buyer regarding the condition or operation of the Property (collectively, the "Seller Information "). Buyer acknowledges that Seller has never occupied the Property. Seller is making no representation with respect to the Seller Information, Buyer assumes and accepts the entire responsibility for interpreting and assessing the Seller Information, and Buyer will rely solely on Buyer's own judgment in making Buyer's decision to purchase the Property. 3.3 Buyer's Due Diligence Documents. If this Agreement terminates, Buyer shall promptly return to Seller the Seller Information. 2 ::ODMAIPCDOCS\PORTLAND \73128916 3.4 Buyer's Due Diligence. Buyer shall have the right to complete a thorough investigation of the Property, including without limitation the Property's operations, income and expenses pertaining to the Property, and the condition of the Property in sufficient time such that Buyer shall be in a position to make an informed decision whether to waive the Due Diligence Contingencies no later than the Due Diligence Deadline Date. Seller agrees to activate electrical, gas, and water utilities serving the Property within five (5) days following the Effective Date. 4. Inspection and Cooperation. 4.1 Inspection. Seller shall allow Buyer access to the Property, following the Effective Date until the Closing Date, for purposes of inspecting the Property (the "Tests ") and for general business planning purposes. All Tests shall be scheduled through Seller and no Tests shall cause any violation of the rights of the parties in possession of the Property. With respect to any Tests that are invasive or involve removing or demolishing any portion of the Property or involve environmental testing beyond a "Phase One" environmental site assessment, Buyer must first submit to Seller a written plan for any such Test which shall include a plan to deal with any Hazardous Substance that may be encountered during such Test, and Buyer may not proceed with any such Test unless Seller has approved of Buyer's plan in writing (which approval may be withheld by Seller in its sole discretion). Buyer shall conduct any such Test in strict accordance with the plan approved by Seller. Buyer shall cause any consultants retained by Buyer who conduct Tests on the Property to name Seller as an additional insured on its policies of liability insurance with minimum limits and coverages approved in advance by Seller. Buyer shall promptly repair and restore any damage to the Property attributable to Buyer's testing and return the Property to substantially the same condition as existed prior to the conduct of the Tests. If this Agreement terminates without a closing of the sale of the Property, Buyer shall promptly deliver to Seller copies of all reports issued in connection with the Tests including, without limitation, any environmental assessment prepared with respect to the Property. Buyer's delivery of such reports shall be for informational purposes only and without representation or warranty as to the content thereof or as to Seller's ability to rely thereon. The obligations of Buyer under this Section 4.1 shall survive the closing or termination of this Agreement provided that any claim relating to the obligations must be made within two (2) years following the earlier of closing or termination of this Agreement, or such claim shall be null and void. 4.2 Indemnity. Buyer shall protect, defend, indemnify, and hold Seller and Seller's agents and employees harmless for, from and against any claims, liabilities, damages, liens, expenses, costs, attorneys' fees, penalties, demands, causes of actions and suits of any nature whatsoever arising out of the inspection of and/or entry onto the Property by Buyer, its agents, employees or contractors. This indemnity includes an obligation of Buyer to reimburse Seller for any and all damage Buyer may cause to the Property in connection with Buyer's inspection. The obligations of Buyer under this Section 4.2 shall survive the closing or termination of this Agreement provided that any claim relating to the obligations must be made within two (2) years following the earlier of closing or termination of this Agreement, or such claim shall be null and void. 4.3 NFA. Seller has informed Buyer that Seller has been pursuing a "no further action letter" from the Oregon Department of Environmental Quality ( "DEQ ") with respect to the Property (the "NFA "). The parties do not anticipate receiving the NFA before the 3 ::ODMA\PCDOCS\PORTLAND \73128916 Closing Date. If the NFA is not issued by DEQ by the Closing Date, Seller and Buyer agree to allow the Title Company to withhold from the Purchase Price at Closing an amount equal to 1.5 multiplied by the remaining estimated cost of obtaining the NFA, including the costs associated with doing any remediation work or monitoring in connection with obtaining the NFA (the "NFA Holdback Amount "). Buyer and Seller agree to agree on the amount of the NFA Holdback and the form of the Holdback Agreement among Seller, Buyer, and the Title Company (the "Holdback Agreement ") before the Due Diligence Deadline Date. 5. Conditions to Closing 5.1 Buyer's Conditions to Closing. Buyer's obligation to close this transaction shall be subject to Buyer's approval of the condition, use, land use and operation of the Property, the NFA Holdback Amount, the form of the Holdback Agreement and such other matters as Buyer may consider in connection with the acquisition of commercial real estate (together, the "Due Diligence Contingencies ") and the satisfaction or waiver by Buyer of such condition in Buyer's sole and absolute discretion on or before the date that is thirty (30) business days after the Effective Date (the "Due Diligence Deadline Date "). If Buyer is diligently pursuing its due diligence with respect to the Property, Buyer shall have the right to extend the Due Diligence Deadline Date for up to three consecutive fifteen (15) calendar day periods if, on or before the Due Diligence Deadline Date (as it may be so extended), (a) Buyer gives written notice to Seller of the extension and a written report of its continuing commercially reasonable efforts regarding Buyer's due diligence, and (b) for the first extension only, Buyer deposits with the Title Company additional Earnest Money in the amount of Twenty -Five Thousand and No /100 dollars ($25,000.00) in immediately available funds. A "business day" is a calendar day except for Saturday, Sunday, and any holiday on which most banks in Portland, Oregon are closed. If Buyer does not deliver to Seller a written notice terminating this Agreement on or before the Due Diligence Deadline Date, then Buyer shall be deemed to have waived the Due Diligence Contingencies. In the event that Buyer provides Seller with written notice terminating this Agreement prior to the Due Diligence Deadline Date, the Title Company shall promptly return the Earnest Money to Buyer. 5.2 Seller's Conditions to Closing. Seller's obligation to close this transaction shall be subject to (a) Seller's approval of the NFA Holdback Amount and the form of the Holdback Agreement prior to the Due Diligence Deadline Date, (b) delivery by Buyer on or before the Closing Date of the Purchase Price, the executed Contract Assignment (defined below), the executed Holdback Agreement in the form approved by Seller and Buyer, and the executed Bill of Sale (defined below); and (c) substantial performance by Buyer as and when required by this Agreement of each and every material term, covenant, condition and agreement required to be performed by Buyer. If the conditions in this Section 5.2 are not satisfied, Seller may elect, at its sole discretion, to terminate this Agreement or waive satisfaction of the condition and close this transaction. In the event of such termination by Seller due to the conditions described in (b) of this Section 5.2 after the Due Diligence Deadline Date, the Earnest Money shall be retained by Seller and shall be non - refundable to the Buyer, as Seller's sole and exclusive remedy for Buyer's failure to satisfy the conditions described in (b) of this Section 5.2 and for Buyer's failure to close the purchase of the Property but not as the exclusive remedy for Buyer's failure to perform its other obligations under this Agreement. 4 ::ODMA\PCDOCS\PORTLAND \731289 \6 6. Closing. 6.1 Time of Closing. The purchase of the Property shall be closed in escrow at the Title Company. The time for closing (the "Closing Date ") shall be a date mutually acceptable to Seller and Buyer, but no later than the date which is thirty (30) days after the earlier of (a) the date on which Buyer waives or satisfies the Due Diligence Contingencies or (b) the Due Diligence Deadline Date. 6.2 Events of Closing. 6.2.1 Seller's Deposits. On or before the Closing Date, Seller shall deliver to the Title Company, the following: 6.2.1.1 An executed and acknowledged statutory special warranty deed (the "Deed ") conveying fee simple title to the Property to Buyer, free and clear of the rights of a tenants or other parties in possession, but subject to the Permitted Exceptions; 6.2.1.2 An executed Assignment of Service Contracts in the form of the attached Exhibit C (the "Contract Assignment "), assigning Seller's interest in the service contracts which bind the Property after closing (the "Service Contracts ") to Buyer; 6.2.1.3 An executed Bill of Sale in the form of the attached Exhibit D (the `Bill of Sale "); 6.2.1.4 An executed Holdback Agreement; 6.2.1.5 A certification that Seller is not a "foreign person" as such term is defined in the Internal Revenue Code and the Treasury Regulations promulgated thereunder; and 6.2.1.6 Such other documents and instruments as the Title Company may reasonably request if the terms of such documents and instruments are acceptable to Seller, such as, without limitation, an owner's affidavit in favor of the Title Company. 6.2.2 Condition. Seller will deliver the Property to Buyer in its present condition, damage due to casualty or Buyer's activities on the Property excepted. 6.2.3 Buyer's Deposits. On or before the Closing Date, Buyer shall (a) pay into escrow the Purchase Price and (b) deliver to escrow an executed Bill of Sale, an executed Holdback Agreement, and an executed Contract Assignment. 6.3 Prorations. Real estate or ad valorem real property taxes, assessments and personal property taxes with respect to the Property and costs under the Service Contracts shall be prorated between Seller and Buyer as of 12:01 a.m. on the Closing Date (the "Adjustment Time "). Such prorations shall be calculated on the actual days of the applicable month and all annual prorations shall be calculated based upon a 365 -day year. 5 ::ODMATCDOCS\PORTLAND \73128916 • 6.4 Closing Costs. Seller shall pay the premium for a standard form owner's policy of title insurance, one -half the escrow fee, and one -half of any transfer taxes. Buyer shall pay for any upgrades to the title insurance policy to extended coverage and any required title endorsements. Buyer shall pay one -half the escrow fee, one -half of any transfer tax, and the recording fees. Each party shall pay its own attorneys' fees and expenses. 7. Condemnation. If after the Effective Date, and prior to the Closing Date, all or any substantial portion of the Property (where the value of the condemned Property is in excess of One Hundred Thousand Dollars ($100,000.00)), or any access way to the Property, is subjected to a bona fide threat of condemnation by a body having the power of eminent domain, or is taken by eminent domain or condemnation (or sale in lieu thereof), Buyer may by written notice to Seller within ten (10) business days after receiving notice of such event, elect to cancel this Agreement prior to the closing hereunder, in which event both parties shall be relieved and released of and from any further liability under this Agreement, the Earnest Money shall be returned to Buyer and this Agreement shall become null and void and be considered canceled. If no such election is made, this Agreement shall remain in full force and effect and, upon closing, the purchase contemplated in this Agreement, less any interest taken by eminent domain or condemnation, shall be effected and the Purchase Price for the Property shall not be reduced by the amount of any awards that have been or that may thereafter be made for the taking of the Property and the condemnation award shall be paid and assigned to Buyer. 8. Casualty. In the event that, prior to the Closing Date, the Property, or any part thereof, is destroyed or suffers damage in excess of One Hundred Seventy -Five Thousand Dollars ($175,000.00) (a "Major Damage "), Buyer shall have the right, exercisable by giving notice of such decision to Seller within ten (10) business days after receiving written notice of a determination that Major Damage has occurred, to terminate this Agreement. To facilitate Buyer's decision whether to terminate, Seller shall give Buyer information regarding Seller's insurance coverage relating to the damage. If the damage is Major Damage and Buyer does not timely elect to terminate this Agreement, Buyer shall accept the Property in its then condition, and all proceeds of insurance awards payable to Seller by reason of such damage or destruction shall be paid to Seller and then transferred to Buyer. In the event of damage to the Property prior to the Closing Date that is not Major Damage, Buyer shall accept the Property in its then condition and proceed with the purchase and Seller shall assign to Buyer Seller's interest in applicable insurance proceeds. 9. Default; Remedies. 9.1 Time of Essence. Time is of the essence of the parties' obligations under this Agreement. 9.2 Buyer's Failure to Close. In the event that Buyer is obligated to pay the Purchase Price and fails to do so, then Seller, as Seller's sole and exclusive remedy for Buyer's failure to pay the Purchase Price, shall be entitled to retain the Earnest Money as liquidated damages. IF BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT, THE EARNEST MONEY (INCLUDING ALL INTEREST EARNED FROM THE INVESTMENT THEREOF) SHALL BE PAID TO AND /OR RETAINED BY SELLER AS 6 ::ODMA\PCDOCS\PORTLAND \731289 \6 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT THAT THE SALE IS NOT CONSUMMATED WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE, T SEP ARATELY EXEC UTING THIS SECTION BELOW, THE PARTIES REFORE ACKNOW BY L EDGE THAT THE EARNEST MONEY H B EEN A GREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCH DEFAULT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S OBLIGATION TO INDEMNIFY SUCH PARTY IN ACCO WITH THIS AGREEMENT. / SELLER'S INITIALS 1 1 B YER' T ITIALS 9.3 Seller's Failure to Close. In the event that Seller is obligated to convey the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to either: (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this Agreement. 10. Representations. 10.1 Seller's Representations. Seller represents to Buyer the following: 10.1.1 Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. 10.1.2 There is no litigation or suit pending or threatened against Seller which affects the Property. 10.1.3 Seller is not a "foreign person" within the meaning of Section 1445(1)(3) of the Internal Revenue Code of 1986, as amended. 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. 10.2 Buyer's Representations. Buyer hereby represents that Buyer has full power and authority to enter into this Agreement.. All requisite action has been taken by Buyer in connection with the execution of this Agreement and the transactions contemplated hereby. Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seller or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH ALL FAULTS" without any representations or warranties by Seller or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 ::ODMA1FCDOCSWORTLAND\73128916 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT THAT THE SALE IS NOT CONSUMMATED WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY SEPARATELY EXECUTING THIS SECTION BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCII DEFAULT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S OBLIGATION TO INDEMNIFY SUCH PARTY IN ACCORDANCE WITH THIS AGREEMENT. SELLER'S INITIALS BUYER'S INITIALS 9,3 Seller's Failure to Close. In the event that Seller is obligated to convey the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to either (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this Agreement. 10. Representations. 10.1 Seller's Representations. Seller represents to Buyer the following: 10.1,1 Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. 10.1.2 There is no litigation or suit pending or threatened against Seller which affects the Property. 10.1.3 Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of Internal Revenue Code of 1986, as amended. 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. 10.2 Buyer's Representations. Buyer hereby represents that Buyer has full power and authority to enter into this Agreement. All requisite action has been taken by Buyer in connection with the execution of this Agreement and the transactions contemplated hereby, Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seller or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH ALL FAULTS" without any representations or warranties by Seller or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 : :ODMATCDOCSIPORT14AND1731389i6 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT THAT THE, SALE IS NOT CONSUMMATED WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY SEPARATELY EXECUTING THIS SECTION BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCH DEFAULT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S OBLIGATION TO INDEMNIFY SUCH PARTY IN ACCORDANCE WITH THIS AGREEMENT. SELLER'S INITIALS BUYER'S INITIALS 9,3 Seller's Failure to Close. In the event that Seller is obligated to convey the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to either: (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this Agreement. 10. Representations. 10.1 teller's Representations. Seller represents to Buyer the following: 10.1.1 Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. • • 10.1.2 There is no litigation or suit pending or threatened against Seller which affects the Property. 10.1.3 Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internall Revenue Code of 1986, as amended, 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. 10.2 Buyer's Representations. Buyer hereby represents that Buyer has full power and authority to enter into this Agreement. All requisite action has been taken by Buyer in connection with the execution of this Agreement and the transactions contemplated hereby. Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seller or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH ALL FAULTS" without any representations or warranties by Seller or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 : :ODMA1PCDOCS\PORTi.AND173128916 FROM : ART 301+ISTONE FAX NO. : 503 245 3320 Nov. ee 2010 06 :15PM P2 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL. DAMAGES IN THE EVENT THAT THE SALE IS NOT CONSUMMATED WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY SEPARATELY EXECUTING THIS SECTION BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCII DEFAULT. NOTWJCTHSTANDING THE FOREGOING, IN NO EVENT SHALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S OBLIGATION TO INDEMNIFY SUCH PARTY IN ACCORDANCE WITH THIS AGRE MENT. SELLER' INITIALS BUYER'S INITIALS 9.3 Seller's Failure to Close. Itt the event that Seller is obligated to convey the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to either: (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this Agreement. 10, Representations. 10.1 Seller's Representations. Seller represents to Buyer the following: 10.1.1 Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. 10.l .2 There is no litigation or suit pending or threatened against Seller which affects the Property. 10.1.3 Seller is not a "foreign person" within the meaning of Section 144$(f)(3) of the Internal Revenue Code of 1986, as amended. 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. 10.2 »t1ygr's Representations. Buyer hereby represents that Buyer has flril power and authority to enter into this Agreement. All requisite action has been taken by Buyer in connection with the execution of this Agreement and the transactions contemplated hereby. Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seiler or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH . ALL FAULTS" without any representations or warranties by Seller or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 : O»MAWCDOCS\POLtTLAND173I2a916 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT THAT THE SALE LS NOT CONSUMMATED WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY SEPARATELY EXECUTING THIS SECTION BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCH DEFAULT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S OBLIGATION TO INDEMNIFY SUCH PARTY IN ACCORDANCE WITH THIS AGREEMENT. &ER'S INITIALS BUYER'S INITIALS 9.3 Seller's Failure to Close. In the event that Seller is obligated to convey the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to either: (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this Agreement. 10. Representations. 10.1 Seller's Representations. Seller represents to Buyer the following: 10.1.1 Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. 10.1.2 There is no litigation or suit pending or threatened against Seller which affects the Property. 10.1.3 Seller is not a `foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended. 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. 10.2 Buyer's Representations. Buyer hereby represents that Buyer has full power and authority to enter into this Agreement. All requisite action has been taken by Buyer m connection with the execution of this Agreement and the transactions contemplated hereby. Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seller or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH ALL FAULTS" without any representations or warranties by Seller or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 ::ODMAIPCDOCS ORTLAND17 3 1 28916 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT THAT THE SALE IS NOT CONSUMMATED WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY SEPARATELY EXECUTING THIS SECTION BELOW, THE PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING FROM SUCH DEFAULT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SMALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S OBLIGATION TO t` 1 EMNIFY SUCH PARTY IN ACCORDANCE WITH THIS ENT. SELLER'S INI S BUYER'S INITIALS 9.3 Seller's Failure to Close. In the event that Seller is obligated to convey the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to either: (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this Agreement. 10. Representations. 10.1 Seller's Representations. Seller represents to Buyer the following: 10.1.1 Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. 10.1.2 There is no litigation or suit pending or threatened against Seller which affects the Property. 10.1.3 Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code of 1986, as amended. 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. 10.2 Buyer's Representations. Buyer hereby represents that Buyer has full power and authority to enter into this Agreement. M1 requisite action has been taken by Buyer in connection with the execution of this Agreement and the transactions contemplated hereby. Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seller or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH ALL FAULTS" without any representations or warranties by Seller or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 ::ODMA\PCDOCS\PORTLAND173128916 4 LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE THAT SELLER'S ACTUAL DAMAGES IN THE EVENT TIIATTHE SALE IS NOT CONSUMMATED li WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. 3 THEREFORE, BY SEPARATELY EXECUTING THIS SECTION BELOW, THE li PARTIES ACKNOWLEDGE THAT THE EARNEST MONEY HAS SEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER IN THE EVENT OF A BREACH BY BUYER AND THE CLOSING DOES NOT OCCUR AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER ARISING ft FROM SUCH DEFAULT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THIS SECTION LIMIT THE DAMAGES RECOVERABLE BY EITHER i' PARTY AGAINST THE OTHER PARTY DUE TO THE OTHER PARTY'S ii OBLIGATION TO INDEMNIFY SUCH PARTY IN ACCORDANCE WITH THIS EMENT. il LLE S IALS BUYER'S INITIALS 9.3 Seller's Failure to Close. In the event that Seller is obligated to convey t the Property to Buyer but fails to do so, then Buyer, as Buyer's sole remedy, shall be entitled to i either: (i) a return of the Earnest Money paid by Buyer, or (ii) seek specific performance of this I Agreement. il 10. Bepresentaons. 1 10.1 Seller's Representations. Seller represents to Buyer the following: 10.1.1 Seller has full wer and authority uthonty to enter into and perform this Agreement in accordance with its terms, and all requisite action has been taken by Seller in connection with the execution of this Agreement and the transactions contemplated hereby. 10.1.2 There is no litigation or suit pending or threatened against Seller i which affects the Property. 3 I. } 10.1.3 Seller is not a "foreign person" within the meaning of Section I445(1)(3) of the Internal Revenue Code of 1986, as amended. i 10.1.4 Seller currently maintains casualty and liability insurance covering the Property and will continue to maintain such insurance at all times prior to the Closing Date. t 10.2 Buyer's Representations. Buyer hereby represents that Buyer has foil power and authority to enter into this Agreement. All requisite action has been taken by Buyer in connection with the execution of this Agreement and the transactions contemplated hereby. I Except as expressly set forth in this Agreement, Buyer acknowledges that no warranties, guarantees or representations have been or are being made by Seller or any agent or representative of Seller concerning the Property. Buyer accepts the Property, "AS IS, WITH ALL FAULTS" without any representations or warranties by Seiler or any agent or representative of Seller, expressed or implied, except as set forth in this Agreement, and releases 7 ::ODMA\PCDOCSiPORTLAND173128916 Seller from any and all liability therefor. Seller shall not be responsible for any failure to investigate the Property on the part of Buyer or, except as expressly set forth in Section 10.1, for any representation or statement regarding the Property (including any representation or statement by any real estate broker or sales agent, or any other purported or acknowledged agent, representative, contractor, consultant or employee of Seller, or any third party). Each of the representations of Buyer and Seller contained in this Section shall be deemed remade by Buyer and Seller as of the Closing Date, shall survive closing, and shall be fully enforceable thereafter provided that any claim relating to these representation must be made within two (2) years following the earlier of closing or termination of this Agreement, or such claim shall be null and void. 11. Buyer's Independent Investigation: AS IS Sale. 11.1 Buyer acknowledges and agrees that it has been given or will be given before the Due Diligence Deadline Date, a full opportunity to inspect and investigate each and every aspect of the Property, either independently or through agents of Buyer's choosing, including, without limitation: 11.1.1 All matters relating to title, together with all governmental and other legal requirements such as taxes, assessments, zoning, use permit requirements and building codes. 11.1.2 The physical condition and aspects of the Property, including, without limitation, the square footage of the Property, the structure, seismic aspects of the Property, the paving, the utilities, if any, and all other physical and functional aspects of the Property. Such examination of the physical condition of the Property shall include, but not be limited to, the Buyer's examination of the presence or absence of Hazardous Substances. For purposes of this Agreement, "Hazardous Substances" shall mean inflammable explosives, pollutants, contaminants, radioactive materials, asbestos, polychlorinated biphenyls, lead, lead - based paint, under and/or above ground tanks, hazardous materials, hazardous wastes, hazardous substances, oil, or related materials, which are listed or regulated by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 6901, et seq.), the Resources Conservation and Recovery Act of 1976 (42 U.S.C. Section 9601, et seq.), the Clean Water Act (33 U.S.C. Section 1251, et seq.), the Safe Drinking Water Act (14 U.S.C. Section 1401, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 5101, et seq.), the and Toxic Substance Control Act (15 U.S.C. Section 2601, et seq.), and any other applicable federal, state or local laws, rules, regulations or governmental requirements (collectively "Environmental Laws "). 11.1.3 Any easements and/or access rights affecting the Property. 11.1.4 Any other documents or agreements of significance affecting the Property. 11.1.5 All other matters of material significance affecting the Property. 11.2 BUYER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT SELLER IS SELLING AND BUYER IS PURCHASING THE PROPERTY ON AN "AS IS 8 ::ODMA\PCDOCS\PORTLAND \731289 \6 WITH ALL FAULTS" BASIS AND THAT BUYER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER, ITS AGENTS, OR BROKERS AS TO ANY MATTERS CONCERNING THE PROPERTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. 12. Survival. The provisions of Sections 10 and 11 shall survive closing and shall be fully enforceable thereafter. 13. Miscellaneous Provisions. 13.1 Notices. Notice may, unless otherwise provided herein, be given or served (a) by delivering the same in person or by commercial courier, (b) by facsimile transmission, if the time of facsimile delivery is confirmed by sender's receipt of a transmission report, generated by sender's facsimile machine, which confirms that the facsimile was successfully transmitted in its entirety and provided the facsimile was forwarded prior to 5:00 P.M., or (c) by depositing the same into custody of a nationally recognized overnight delivery service. Notice given in any manner shall be effective only if and when received at the address specified between the hours of 8:00 A.M. and 5 :00 P.M. of any business day with delivery made after such hours to be deemed received the following business day. For the purposes of notice, the addresses of Seller and Buyer shall, until changed as hereinafter provided, be as set forth below. The parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days written notice to the other party. If to Buyer: Gould Family Properties VI, LLC c/o Turrett Steel Industries, Inc. Attn: Wayne Gould, President 527 Atando Avenue Charlotte, NC 28206 Fax: 1 1Cy - - • With a copy to: Shipman, Sosensky & Marks, LLC 20 Batterson Park Road Suite 120 Farmington, CT 06032 • Attn: William C. Stokesbury, Esq. Fax: 860 -606 -1770 If to Seller: Hunziker Group c/o Mitchell S. Seitzinger Bridgewater Group 9570 SW Barbur Blvd., Suite 311 Portland, OR 97219 Fax: (503) 210 -0401 9 ;:ODMATCDOCSIPORTLAND173128916 With a copy to: David C. Elkins The Remington Real Estate Group LLC 2205 SW Winchester Avenue Portland, OR 97225 • Fax: With an additional copy to: Ball Janik LLP Attn: Barbara W. Radler 101 SW Main Street, Suite 1100 Portland, OR 97204 Fax: (503) 295 -1058 13.2 Waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit such party's right to enforce such provision, nor shall any waiver of any breach of any provision of this Agreement constitute a v'aiver of any succeeding breach of such provision or a waiver of such provision itself. 13.3 Amendment. This Agreement may not be modified or amended except by the written agreement of the parties. No modification or amendment or attempted waiver of any provision of this Agreement shall be binding unless in writing and signed by the party to be bound. This Agreement may not be modified or amended orally. 13.4 Attorneys' Fees. In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the U.S. Bankruptcy Code, is instituted, or the services of an attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating to this Agreement, the prevailing party shall be entitled to recover from the losing party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 13.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term or provision of this Agreemert shall be valid and enforceable to the fullest extent permitted by law. 13.6 Brokers. Seller represents that Seller is not required to pay any real estate commission or any other fee or similar charge to any person or entity in connection with this Agreement or the transaction contemplated thereby except for a commission to Capacity Commercial Group, LLC (the "Broker "). Each of the parties hereto hereby indemnifies the other and holds it harmless from all liabilities arising from their respective actions regarding claims from other brokers other than Broker, such indemnity to include, without limitation, the 10 ::ODMA\PCDOCSWORTLAND \731289 \6 cost of reasonable counsel fees in connection therewith. This indemnity shall survive closing. 13.7 Integration. This Agreement contains the entire agreement and understanding of the parties with respect to the purchase and sale of the Property and supersedes all prior and contemporaneous agreements between them with respect to such purchase and sale. 13.8 Assignment. Buyer may not assign its rights under this Agreement without Seller's prior written consent except that Buyer may assign its rights under this Agreement to an entity owned and controlled by Buyer or Wayne Gould without Seller's consent. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns. Any permitted assignment shall not relieve the assigning party from its liability under this Agreement. 13.9 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day, and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. Unless expressly indicated otherwise, (a) all references to time shall be deemed to refer to Pacific time, and (b) all time periods shall expire at 5:00 p.m. Pacific time. 13.10 Like -Kind Exchange. Buyer and Seller agree to cooperate with the other and any escrow holder or exchange facilitator selected by the other in facilitating a tax - deferred exchange under Section 1031 of the Internal Revenue Code undertaken by the other with respect to the Property, provided that: (a) the party undertaking the exchange shall effect the exchange through an assignment of its rights under this Agreement to a qualified intermediary without release of the assigning party from any liability under this Agreement; (b) the cooperating party shall not incur any cost or liability in connection with the exchange; and (c) the cooperating party shall not be required to acquire or hold title to any real property for the purposes of consummating the exchange. 13.11 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND 11 ::0DMAIPCDOCS\PORTLAND \731289 \6 SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 13.12 Counterparts: Delivery. This Agreement may be executed in counterparts. Delivery of this executed Agreement by facsimile or electronic mail shall be sufficient to form a binding agreement. IN WITNESS WHEREOF, Buyer and. Seller have executed this Agreement effective as of the date set forth above. Seller: Dawn New Hunziker, LLC B D __ 2 •'� Dawn New, Member Dated: k(t . /O,,rX/C) Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member By: Stephen R. Dougherty, Trustee Dated: Johnstone Living Trust U/D/T 1/23/91 By: Arthur F. Johnstone, Trustee Dated: Youde Family Trust, Tigard LLC By: James Youde, Member Dated: Michael Lehne Hunziker, LLC By: Michael Lehne, Member Dated: 12 : :ODMA1pCDOCSIPORTI.AND173I28916 SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 13.12 Counterparts; Delivery. This Agreement may be executed in counterparts. Delivery of this executed Agreement by facsimile or electronic mail shall be sufficient to form a binding agreement. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement effective as of the date set forth above. Seller: Dawn New Hunziker, LLC By: Dawn New, Member Dated: Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member By: 4 .�,.. Stephen R. Dougherty, Trustee Dated: / —t -i4' Johnstone Living Trust U/D!T 1/23/91 By: Arthur F. Johnstone, Trustee Dated: Youde Family Trust, Tigard LLC By: James Youde, Member Dated: Michael Lehne Hunziker, LLC By: Michael Lehne, Member Dated: 12 ::ODMA11'CDOC31PQRTLAND \73128916 FROM : ART JOHNSTONE FAX NO. : 503 245 3320 Nov. 08 2010 06 :19PM P1 SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER. 855, OREGON LAWS 2009. 13.12 Counterparts: Delivery. This Agreement may be executed in counterparts. Delivery of this executed Agreement by facsimile or electronic mail shall be sufficient to fonn a binding agreement. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement effective as of the date set forth above. Seller: Dawn New Huniiker, LLC BY: �_.�_„ _ . Dawn New, Member Dated: Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member _ Stephen R. Dougherty, Trustee Dated: . r Johnstone Living Trust U/D/T 1/23/91 : / By : fi r ur 0, 7. e, Trustee Dated: • . Youde Family Trust, Tigard LLC By: James Youde, Member Dated: Michael Lehne Hunziker, LLC By: . ...... Michael Lehne, Member Dated: 12 : :ODMAUPCnocstPOR11.ANn173t18% SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 13.12 Counterparts; Delivery. This Agreement may be executed in counterparts. Delivery of this executed Agreement by facsimile or electronic mail shall be sufficient to form a binding agreement. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement effective as of the date set forth above. Seller: Dawn New Hunziker, LLC By: Dawn New, Member Dated: Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member By: Stephen R. Dougherty, Trustee Dated: Johnstone Living Trust U/D/T 1/23/91 By: Arthur F. Johnstone, Trustee Dated: Youde Family Trust, Ti : and LLC By: 111 /Jam oude ember Date' . . J_ . 6 Michael Lehne Hunziker, LLC By: Michael Lehne, Member Dated: 12 :: oDMnTCTfoCSIroRTL,►Nn573128916 SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. 13.12 Counterparts: Delivery. This Agreement may be executed in counterparts. Delivery of this executed Agreement by facsimile or electronic mail shall be sufficient to form a binding agreement. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement effective as of the date set forth above. Seller: Dawn New Hunziker, LLC By: Dawn New, Member Dated: Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member By: Stephen R. Dougherty, Trustee Dated: Johnstone Living Trust U/D/T 1/23/91 By: Arthur F. Johnstone, Trustee Dated: Youde Family Trust, Tigard LLC By: James Youde, Member Dated: Michael Lehne Hunziker, LLC Michael Le -, ember Dated: 12 ::0DMA1PCD0CS\p0RTLAND \73128916 Suzanne Lehne Hunziker, LLC B w `Suz. !e Lehne, Member Dated: Russell Family Living Trust U /A/D December 2, 2009 By: James S. Russell, Trustee Dated: By: Karen M. Russell, Trustee Dated: Buyer: Gould Family Properties VI, LLC, a Florida limited liability company By: Name: Title: Date: 13 ::0DMAIPCDOCSIPORTLAND17312$916 Suzanne Lehne Hunziker, LLC By: Suzanne Lehne, Member Dated: Russell Family Living Trust U /AID December 2, 2009 By: ,,,,--14. ile...0-40r-4 J ames . Russell, Trustee D : " d By: �lvk ,� I C&Lk_k jz — Karp M. Jtusshl Trustee Dated: I 1 A Buyer: Gould Family Properties VI. LLC, a Florida Iimited liability company By: Name: Title: Date: 13 : :ODMAIPCDOCSIPORTLAND1731289% Suzanne Lehne Hunziker, LLC By: Suzanne Lehne, Member Dated: Russell Family Living Trust U /AJD December 2, 2009 By: James S. Russell, Trustee Dated: 13y: Karen M. Russell, Trustee Dated: Buyer: Gould Family Properties VT, LLC, a Florida limited liability company • By: Name: ji)\ , Title: ?, Date: iilq(in 13 ::0DMAIPCDOCSWORTI,AND173)28916 EXHIBIT A LEGAL DESCRIPTION Parcel 1, Tract A and Tract B of Partition Plat No. 2007 -064, recorded in the real property records of Washington County, Oregon as document number 2007100897 which is located in the NW '/ and the SW '/ Section 1, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon. A-1 ::ODMA\PCDOCS\PORTLAND \731289 \6 EXHIBIT B SELLER INFORMATION 1. Copies of the real estate tax bills for the past three (3) years; 2. Preliminary Title Report provided by Fidelity National Title dated 40ctl 0, together with copies of any exceptions and encumbrances provided therein; 3. ALTA Survey provided by Westlake Consultant Inc. dated 05Jan01; 4. Partition Plat (4 pages) provided by Northwest Surveying Inc. dated 05May06; 5. Parcels I and II and Fields Cross - Easement Agreement dated 12Jan07; 6. Parcels I and II Easement Agreement dated Feb07; 7. Parcel I access Easement Agreement dated 09Nov07; 8. Installation and Service Agreement with Stanley Convergent Security Solutions, Inc. dated 21 Jul10 (alarm monitoring); 9. Evidence of or a description of Seller's casualty (property) and liability insurance covering the Property; and 10. Reports pertaining to the environmental condition of the Property which are listed below: a. GeoEngineers — Phase I Environmental Site Assessment (draft) dated 280ct94; b. Dames & Moore — Phase II Environmental Site Assessment (draft) dated Dec99; c. AMEC — Analytical Results dated 06Dec00; d. Tighe & Bond — Phase II Report dated Apr01; e. Tighe & Bond — Additional Phase II Environmental Site Assessment Report dated Jan03; f. Creekside Environmental — Petroleum- Impacted Soil Excavation and Removal dated 02Mar04; g. The Resource Company — Wetland Delineation and Assessment dated 1 1Mar04; h. Creekside Environmental — Environmental Work Plan to Obtain NFA Determination dated 160ct06; i. AMEC — Site Investigation Summary Report dated 190ct09; j. AMEC — Level II Ecological Risk Screening dated 15Jun10; k. AMEC & Creekside — invoices and correspondence 8 -part file (including Creekside — COE NFA files 13Mar08 cd); and 1. AMEC & Creekside — invoices and correspondence 6 -part file. B -1 ::ODMA\PCDOCS\PORTLAND \731289 \b • EXHIBIT C ASSIGNMENT OF SERVICE CONTRACTS This Assignment of Service Contracts ( "Assignment ") is made this day of , . by and between Dawn New Hunziker LLC; Wells Apartments, LLC; Johnstone Living Trust; Youde Family Trust, Tigard LLC; Michael Lehne Hunziker, LLC; Suzanne Lehne Hunziker, LLC; James S. Russell; and Karen M. Russell, Trustees of the Russell Family Living Trust U /A/D December 2, 2009 (together, "Assignor "), and ( "Assignee "). Capitalized terms used herein without definition shall have the respective meanings set forth in that certain Purchase and Sale Agreement between Assignor and Assignee dated , 2010. RECITALS A. Assignor previously entered into the service contracts described on the attached Exhibit A (the "Service Contracts "). B. Assignee, in connection with Assignee's purchase of the Property from Assignor, wishes to acquire Assignor's interest in the Service Contracts, and is willing to assume all of the obligations of the Assignee under the Service Contracts; and Assignor wishes to transfer all of Assignor's interest under the Service Contracts to Assignee. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Assignment and Assumption 1.1 Assignor hereby assigns to Assignee all of Assignor's right, title, and interest in, to, and under the Service Contracts from and after the date hereof. Assignee accepts the foregoing assignment. 1.2 Assignee hereby assumes all of the Assignor's duties and obligations under the Service Contracts accruing from and after the date hereof. 2. Miscellaneous 2.1 The covenants and conditions contained herein shall apply to, be binding upon, and shall inure to the benefit of each of the parties hereto and their respective successors in interest and assigns. 2.2 In the event a suit, action, arbitration, or other proceeding of any nature whatsoever, including, without limitation, any proceeding under the U.S. Bankruptcy Code, is instituted, or the services of an attorney are retained, to interpret or enforce any provision of this C -1 ::0DMATCDOCSTORTLAND \731289\6 Assignment or with respect to any dispute relating to this Assignment, the prevailing party shall be entitled to recover from the losing party its reasonable attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. In the event of suit, action, arbitration, or other proceeding, the amount thereof shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 2.3 This Assignment may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the day and year first above written. Assignor: Dawn New Hunziker, LLC By: Dawn New, Member Dated: Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member By: Stephen R. Dougherty, Trustee Dated: Johnstone Living Trust U/D/T 1/23/91 By: Arthur F. Johnstone, Trustee Dated: C -2 ::ODMA\PCDOCS\PORTLAND1731289 \6 Youde Family Trust, Tigard LLC By: James Youde, Member Dated: Michael Lehne Hunziker, LLC By: Michael Lehne, Member Dated: Suzanne Lehne Hunziker, LLC By: Suzanne Lehne, Member Dated: Russell Family Living Trust U /A/D December 2, 2009 By: James S. Russell, Trustee Dated: By: Karen M. Russell, Trustee Dated: Assignee: By: Name: Title: Date: C -3 :ODMA\PCDOCS\PORTLAND \731289 \6 EXHIBIT A to ASSIGNMENT OF SERVICE CONTRACTS [Describe Service Contracts to be assigned.] • 1 ::ODMA\PCDOCS\PORTLAND \731289 \6 EXHIBIT D BILL OF SALE This Bill of Sale (the "Bill of Sale ") is made and entered into by and between Dawn New Hunziker LLC; Wells Apartments, LLC; Johnstone Living Trust; Youde Family Trust, Tigard LLC; Michael Lehne Hunziker, LLC; Suzanne Lehne Hunziker, LLC; James S. Russell; and Karen M. Russell (together, "Assignor "), and ( "Assignee "). For valuable paid by Assignee to Assignor, the receipt and sufficiency of which are acknowledged by Assignor, Assignor assigns, transfers, conveys and delivers to Assignee, all items of tangible personal property described on the attached Exhibit A (the "Personal Property "). ASSIGNEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS SET FORTH IN THIS BILL OF SALE, ASSIGNOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (A) THE NATURE, QUALITY OR CONDITIONS OF THE PERSONAL PROPERTY, (B) THE INCOME TO BE DERIVED FROM THE PERSONAL PROPERTY, (C) THE SUITABILITY OF THE PERSONAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH ASSIGNEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PERSONAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PERSONAL PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PERSONAL PROPERTY. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PERSONAL PROPERTY, ASSIGNEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PERSONAL PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASSIGNOR, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT, ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PERSONAL PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT ASSIGNOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PERSONAL PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "As IS, WHERE IS" CONDITION AND BASIS "WITH ALL FAULTS," EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. IN WITNESS WHEREOF, Assignor and Assignee have caused this Bill of Sale to be executed on the date and year first above written. Assignor: Dawn New Hunziker, LLC By: Dawn New, Member Dated: D-1 ::ODMA\PCDOCS\PORTLAND \731289 \6 Wells Apartments, LLC By: Stephen R. Dougherty Revocable Living Trust, Managing Member By: Stephen R. Dougherty, Trustee Dated: Johnstone Living Trust U/D /T 1/23/91 By: Arthur F. Johnstone, Trustee Dated: Youde Family Trust, Tigard LLC By: James Youde, Member Dated: Michael Lehne Hunziker, LLC By: Michael Lehne, Member Dated: Suzanne Lehne Hunziker, LLC By: Suzanne Lehne, Member Dated: D-2 ::ODMAV'CDOCS\PORTLAND \731289 \6 Russell Family Living Trust U /A/D December 2, 2009 By: James S. Russell, Trustee Dated: By: Karen M. Russell, Trustee Dated: Assignee: , a By: Name: Title: Dated: D-3 ::ODMA\PCDOCS\PORTLAND \731289 \6 • EXHIBIT A List of Personal Property [Describe Cranes] 1 ::ODMA\PCDOCS\PORTLAND \731289 \6 a ' ame March 17, 2011 Project No. 061M116854 Oregon Department of Environmental Quality 2020 SW Fourth Avenue, Suite 400 Portland, Oregon 97201 Attention: Mr. Charles Harman Subject: Uplands Shallow Soil Removal IRAM Work Plan Former Coe Manufacturing Property - Front Parcel 7930 SW Hunziker Road, Tigard, Oregon ECSI 983 Dear Mr. Harman: On behalf of the owners (the Site Ownership Group) of the above - referenced Former Coe Manufacturing Property Front Parcel (Site), AMEC Earth & Environmental, Inc. (AMEC) has prepared the following abbreviated work plan for soil removal activities to complete the Interim Remedial Action Measure (IRAM) on the Site Uplands. The work scope outlined in this letter will serve as an addendum to proposed IRAM work scope planning documents previously submitted to the Oregon Department of Environmental Quality (DEQ) on December 17, 2010 and February 1, 2011. As stated in the previous submittals, the purpose of the IRAM is to remove areas of shallow soils (i.e., from ground surface to 3 feet below ground surface [bgs]) where constituents of concern (COCs) exceeding human health and /or ecological risk screening levels were identified in previous environmental investigations. It should be noted that IRAM Figures 2 and 3 were previously submitted to DEQ as part of an interim data submittal and have not been included in this work plan. PROJECT BACKGROUND CONSTITUENTS OF CONCERN COCs identified in previous environmental investigations that exceed human health and /or ecological risk screening levels in shallow soil in the Uplands portion of the Site are polychlorinated biphenyls (PCBs), lead, and ethylbenzene. Based on the analytical data and the available information regarding past Site operations, the suspected sources of PCBs are believed to have been surface spills or releases of compressor oil and petroleum products near the compressor shed and the south side of AMEC Earth & Environmental, Inc. 7376 SW Durham Road Portland, Oregon USA 97224 Te1+1 (503) 639 -3400 Fax +1 (503) 620 -7892 www.amec.com K: \11000 \11600 \11685 \116854 Front Parcel \Soil TRAM \Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final TRAM WP_3_17_2011.Doc Building 1 (Figure 1). Overland stormwater transport of surface soil in these unpaved areas of the Site appears to have transported PCBs and lead (a common parking area /roadway stormwater runoff pollutant) toward the low -lying areas adjacent to Redrock Creek. Detected PCB concentrations are highest near the compressor shed, lower in presumed overland stormwater pathways, and are slightly higher where overland stormwater paths converge to the southwest of Building 1. Lead concentrations are generally slightly elevated in overland stormwater pathways. Ethylbenzene and related volatile petroleum constituents appear to be limited to a small area adjacent to the west side of the compressor shed and the south side of Building 1. INITIAL SOIL REMOVAL ACTIVITIES AND SOIL SAMPLE RESULTS On December 23, 2010, initial soil removal activities were conducted as an independent cleanup action with limited DEQ oversight. The Site Ownership Group contracted with GSE, Inc. (Milwaukie, Oregon) to remove and stockpile soil from the three excavation areas located to the south of Building 1 (excavations 1 A, 1 B, and 1 C, Figures 4 and 5). Soil was removed from the excavation areas to address PCBs and petroleum hydrocarbons contamination identified in previous samples. Each of the excavations was completed to a total depth of 3 feet below ground surface (bgs). The northeastern corner of excavation 1C was excavated to a total depth of approximately 3.8 feet to remove additional petroleum impacted soil identified in the field. AMEC personnel collected confirmation soil samples in the floors of the excavations (samples 1A -01, 1A-02, 1B-01, 1B-02, 1B-03, 1C-01, and 1C-02, Figure 4). In addition, AMEC personnel collected samples 1 B -04 and 1 B -05 to characterize apparent petroleum impacted soil located outside of the excavation, near the edges of the shed and Building 1 slabs. The excavations were backfilled with clean, imported fill by GSE, Inc. following collection of the confirmation samples. The approximately 40 cubic yards (57 tons) of excavated soil was temporarily stockpiled on and covered with plastic sheeting prior to transport and disposal at the Waste Management's Hillsboro Landfill under permit # 108374OR on March 7, 2011. PCB and petroleum hydrocarbon analytical results for the December 23, 2010 and previous soil samples are provided on Tables 1 and 2. PCB results are also shown on Figures 4 and 5. Soil analytical results indicated concentrations of PCBs exceeded ecological soil screening values on the west end of excavation 1 A (sample 1 A -02), on the west and east ends of excavation 1B adjacent to Building 1 (samples 1 B -01, 1 B -04, and 1 B -05), and the west side of excavation 1C (sample 1 C -02). In addition, concentrations of ethylbenzene detected in soil samples 1 B -04 and 1 B -05 exceeded the AMEC Earth & Environmental, Inc. Project No.: 061M116854 2 K: \11000 \11600 \11685 \116854 Front Parcel\Soil IRAM\Work Scope \Revised IRAM_Jan_2011\March 2010 Work Plan \Coe Final IRAM WP_3_17_2011.Doc am e "Vapor Intrusion Into Buildings" human health risk -based concentration (RBC) for occupational receptors. ADDITIONAL DELINEATION SAMPLING On February 4, 2011, AMEC collected additional shallow soil samples from 21 soil borings (AB -14 to AB -34, Figures 4 and 5) to complete the delineation of the lateral and vertical extent of the PCBs and lead in Upland Site shallow soils. In addition, a selected number of samples were also analyzed for polynuclear aromatic hydrocarbons (PAHs), at DEQ's request, to provide additional data regarding the extent of PAHs in Site soil. Soil samples were collected from two depth intervals from each boring (0 to 1 foot bgs and 2 to 3 feet bgs) and analyzed in a tiered approach. Samples closest to suspected contamination sources and /or at the shallowest depth intervals were analyzed first and additional samples from further locations and /or depth intervals were analyzed, as needed to complete the delineation of the lateral and vertical extent. In addition to the soil sampling, AMEC collected one sub -slab soil vapor sample inside Building 1, approximately 10 feet to the northeast the compressor shed (Figures 4 and 5). The purpose of the sample was to evaluate potential vapor intrusion risk from ethylbenzene and volatile petroleum contamination identified at the edges of the shed and Building 1 slabs in previous soil samples 1 B -04 and 1 B -05. PCB analytical results from the February 4, 2011 sampling event and previous soil samples are provided on Table 1. PCBs were detected in several shallow interval (0 to 1 foot bgs) soil samples at concentrations exceeding their respective Portland Harbor Joint Source Control Strategy (JSCS) upland soil /stormwater sediment ecological risk Screening Level Values (SLVs). None of the PCBs detected in any of the deeper interval (2 to 3 feet) soil samples exceeded their respective soil /stormwater sediment SLVs. These results indicate that PCB impact outside of the suspected source areas (previous excavations 1 A, 1 B, and 1 C) appears to be limited to the 0 to 1 foot depth interval. The exceedances were generally found near the 1 A and 1C excavations and in the overland stormwater flow pathway near the southwest corner of Building 1. PCB results for soil samples collected in the 0 to 1 foot bgs depth interval on February 4, 2011 and selected previous sample collection events are provided on Figures 4 and 5. Lead analytical results from the February 4, 2011 and previous soil samples are provided on Table 3. Lead was detected in all of the shallow soil samples analyzed and exceeded the DEQ statewide background concentration (17 mg /kg) in 76% of the samples. However, the median and 90 percentile for the lead detected in Site Uplands soils (February 2011 and previously collected AMEC Earth & Environmental, Inc. Project No.: 061M116854 3 K: \11000 \ 11600 \11685 \116854 Front Parcel \Soil IRAM\Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final TRAM WP_3_17_2011.Doc amec samples) are less than Tualatin River Basin sediment values reported by the United States Geological Survey (Bonn, 1999). In addition, the median lead concentration for Site Uplands soil (24.2 mg /kg) is less than the DEQ Level I I ecological risk SLV for freshwater sediment (35 mg /kg) and considerably less than the Probable Effects Concentration upland soil /stormwater sediment ecological risk SLV provided in the JSCS screening table (128 mg /kg). Because lead detected in Site Uplands shallow soil is consistent with Tualatin River Basin sediment background and is less than ecological sediment toxicity SLVs, lead in Site Upland shallow soil does not appear to represent a significant potential stormwater contamination source and does not warrant further investigation or mitigation on the Site Uplands. PAH analytical results from the February 4, 2011 and previous soil samples are provided on Table 4. PAHs were detected in two of the four February 4, 2001 shallow interval soil samples analyzed. All PAHs detected in the two samples were below their respective JSCS soil /stormwater sediment SLVs, except indeno (1,2,3 -cd) pyrene in sample AB- 32 -0 -1. However, indeno (1,2,3 -cd) pyrene has not been detected in any other shallow soils samples on the Site, indicating it is limited in extent. The only known potential source of PAHs on the Site Uplands would be associated with driveway and roadway runoff. Based on the February 2011 and previous soil results, PAHs have been detected in shallow soil at very few Site Uplands and Tract B locations and, where detected, are below JSCS soil SLVs with the exception of the above - referenced indeno (1,2,3 -cd) pyrene detection. Thus, PAHs in Site shallow soil do not appear to represent a significant potential stormwater contamination source and do not warrant further investigation or mitigation on the Site Uplands. No volatile petroleum constituents were detected in the sub -slab soil vapor sample SV -3 collected inside Building 1 (Figures 4 and 5). The results indicate that the petroleum contamination previously detected in soil located near the edges of the shed and Building 1 slabs does not pose vapor intrusion risk to building occupants. POTENTIALLY COMPLETE EXPOSURE PATHWAYS Based on the analytical results collected to date, potentially complete exposure pathways where COCs exceeded screening level values in Site Upland shallow soils include: • Direct contact with PCBs in shallow soil by future occupational receptors. Concentrations of PCBs exceeding the direct contact RBC are generally located near and downgradient from the previous 1 A and 1C excavations. • PCBs in surface soil have a potential to be transported into Redrock Creek by overland stormwater flow where they could pose potential risk to ecological receptors in the creek. AMEC Earth & Environmental, Inc. Project No.: 061M116854 4 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM\Work Scope \Revised IRAM _Jan_2011 \March 2010 Work Plan \Coe Final IRAM WP_ 3 _ 17_2011.Doc ame Concentrations of PCBs exceeding the JSCS upland soil /stormwater sediment SLV are generally located near and downgradient from the previous 1 A and 1C excavations. PROPOSED SOIL REMOVAL ACTIVITIES SCOPE AND OBJECTIVE The goal of the proposed soil removal action is to remove areas of shallow soils where constituents of concern exceed human health and /or ecological risk screening levels and ultimately, to obtain a No Further Action determination for the Site Uplands. As agreed in the January 3, 2011 meeting between the Site Ownership Group and DEQ, the scope work for this I RAM will not include tax lot Tract B (tax lot 2S101 CA -700) located adjacent to (and including a portion of) Redrock Creek (Figure 1). Constituents of concern identified in soil and sediment on Tract B will be addressed by the Site Ownership Group after an NFA is issued for the Site Uplands. PROPOSED SOIL REMOVAL Based on the analytical results collected to date, a limited area of the Site Uplands has concentrations of PCBs in shallow soil from 0 to 1 foot bgs which exceed human health and /or ecological risk. To mitigate potential risk associated with these exceedances. AMEC proposes removing soil to a depth of 1 foot bgs from three excavation areas on (Excavations 1 AA, 1 CC, and 2, Figures 4 and 5). The estimated total volume of soil proposed for removal from the three excavations is 206 cubic yards. Prior to beginning the removal activities, AMEC will assist Site Ownership Group in obtaining all necessary permit exemption approvals from the City of Tigard and Clean Water Services under ORS 465.315. AMEC will delineate and field mark the proposed excavation and removal areas based on the previous soil sample locations. The Site Ownership Group's designated excavation contractor (Excavation Contractor) will contact local public utilities using the Oregon Utility Notification Center to field -mark any underground utility lines prior to performing the excavation activities. Prior to beginning work, the Excavation Contractor will install approximately 160 linear feet of temporary silt fence along the western boundary of the proposed work area (Figures 1 and 5) to prevent erosion of soil into Redrock Creek during excavation activities. The Excavation Contractor will remove soil from the three proposed excavation areas located to the south of Building 1 (excavations 1 AA, 1 CC, and 2, Figures 4 and 5). To the extent possible, excavation will be completed during dry weather to minimize the potential for runoff. Where AMEC Earth & Environmental, Inc. Project No.: 061 M116854 5 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM\Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final IRAM WP_3_17_2011.Doc cc ame practicable, soil will be loaded directly onto the Excavation Contractor's trucks for transportation and disposal at the Waste Management Hillsboro landfill under permit number permit # 108374OR. If temporary stockpiling of the soils is necessary, soil piles will be placed on top of and covered with plastic sheeting to prevent contact with uncontaminated soil and potential contact with stormwater. AMEC field personnel will examine the completed excavations for visual and olfactory evidence of contamination and perform headspace readings in selected portions of the excavations where visual and /or olfactory observations indicate the potential for contamination. If field screening indicates evidence of significant contamination, AMEC would direct the Excavation Contractor to expand the lateral extent of the excavation, as necessary to remove the contamination. AMEC personnel will collect confirmation soil samples from the excavation walls at locations 1AA -01, 1AA -02, 1CC -01, 2 -01, 2 -02, 2 -03, and 2 -04 (Figures 4 and 5). All confirmation soil samples will be analyzed for PCBs by EPA Method 8082 by Apex Laboratories (Tigard, Oregon). Following collection of the confirmation samples, the Excavation Contractor will backfill the excavations to the original grade with clean, imported 3 /4 -inch minus fill. The fill will be compacted to at least 95% with a suitable compaction device. REPORTING Following the receipt of the confirmation sample results, AMEC will notify DEQ if any additional excavation would need to be performed to remove any residual contamination. If additional excavation were needed, AMEC would submit an addendum to this work plan to DEQ outlining the proposed additional removal activities. AMEC would assist the Site Ownership group in obtaining approval from the City of Tigard and Clean Water Services for the additional removal activities. Once all confirmation samples indicate remaining soils meet applicable DEQ human health and ecological screening values, AMEC will prepare a report summarizing the proposed and previously completed IRAM activities. The report will include: • Analytical laboratory reports and data tables containing delineation and confirmation sample results; • Figures delineating soil removal areas; • Documentation of excavation, sampling, backfilling, and soil disposal activities; and • A comparison of COC concentrations in samples collected from soils remaining on the Site to applicable human health and ecological risk screening values to evaluate residual risk in Site Uplands soil. AMEC Earth & Environmental, Inc. Project No.: 061M116854 6 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM\Work Scope \Revised IRAM_Jan_2011 \ March 2010 Work Plan \Coe Final IRAM WP_3_17_2011.Doc arne6 If you have any questions or require additional information, please feel free to contact the undersigned at (503) 639 -3400. Sincerely, AMEC Earth & Environmental, Inc. Joel L. Eledge CHMM Charles T. Esler, CHMM Environmental Scientist Principal Attachments: Table 1 — Polychlorinated Biphenyls Detected in Surface Soil Table 2 — Petroleum Hydrocarbon Surface Soil Analytical Results Table 3 — Lead Detected in Surface Soil Table 4 — Polynuclear Aromatic Hydrocarbon Surface Soil Analytical Results Figure 1 — Front Parcel Site Overview Figure 4 — PCB Shallow Soil Analytical Results with Proposed Soil Removal Locations Figure 5 — PCB Shallow Soil Analytical Results with Proposed Soil Removal Locations JE c: Arthur F. Johnstone, Sr., Johnstone Properties Gary Pagenstecher, City of Tigard, Community Development AMEC Earth & Environmental, Inc. Project No.: 061M116854 7 K: \1 1000 \11600 \11685 \116854 Front Parcel \Soil IRAM\Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final TRAM WP_3_17_2011.Doc amec REFERENCES Bonn, B.A., 1999. Selected Elements and Organic Chemicals in Bed Sediment and Fish Tissue of the Tualatin River Basin, Oregon, 1992 -96, Water- Resources Investigations Report 99 -4107, U.S. Geological Survey, Portland, Oregon. Oregon Department of Environmental Quality (DEQ), 2001. Guidance for Ecological Risk Assessment. Waste Management & Cleanup Division, Cleanup Policy & Program Development Section. December 1998 (updated December 2001). , 2009. Risk -Based Decision Making for the Remediation of Petroleum- Contaminated Sites. September 22, 2003 (updated September 2009). DEQ and the United Stated Environmental Protection Agency (EPA), 2007. Portland Harbor Joint Source Control Strategy. Published December 2005. Table 3 -1, Revised July 17, 2007. AMEC Earth & Environmental, Inc. Project No.: 061M116854 8 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM\Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final TRAM WP_3_17_2011.Doc TABLE 1 Polychlorinated Biphenyls Detected in Surface Soil Former Coe Manufacturing Facility - Front Parcel Tigard, Oregon [ . O co N L) (D - (o N N N N _ O O _ O O o U U U O O O 2 a a` a a JSCS Soil /Stormwater Sediment SLV 0.3 0.2 1.5 NL Sample Sample Sample ID Sample Date Consultant Interval Start Interval End mg /kg mg /kg mg /kg mg /kg (ft bas) (ft bas) _ Site Uplands (Tax Lot 2S101 CA -400) TB -3;S -1 11/17/2000 Tighe & Bond 0.0 2.0 0.015 < 0.0500 < 0.0500 < 0.0500 TB -5;S -1 11/17/2000 Tighe & Bond 0.0 2.0 < 0.050 < 0.050 < 0.050 < 0.050 TB -6;S -1 11/17/2000 Tighe & Bond 0.0 2.0 0.110 < 0.0500 < 0.0500 < 0.0500 TBMW -1;S -1 11/16/2000 Tighe & Bond 0.0 2.0 0.047 < 0.0500 < 0.0500 < 0.0500 SS -13 (0 -6 ") 12/18/2002 Tighe & Bond 0.0 0.5 0.179 < 0.0670 < 0.0670 < 0.0670 SS -14 (0 -6 ") 12/18/2002 Tighe & Bond 0.0 0.5 0.098 < 0.0670 < 0.0670 < 0.0670 CSS- 1(0.5') _ 03/29/2007 Creekside 0.5 1.0 0.979 < 0.0742 < 0.0742 < 0.0742 CSS- 1(2.5') 03/29/2007 Creekside 2.5 3.0 0.410 0.0543 < 0.0414 < 0.0414 CSS- 2(0.5') 03/29/2007 Creekside 0.5 1.0 0.504 < 0.0362 < 0.0362 < 0.0362 CSS- 2(2.5') 03/29/2007 Creekside 2.5 3.0 < 0.0403 < 0.0403 < 0.0403 < 0.0403 CSS- 3(0.5') 03/29/2007 Creekside 0.5 1.0 4.34 < 0.401 < 0.401 < 0.401 CSS - 3(2.5') 03/29/2007 Creekside 2.5 3.0 0.0485 < 0.0408 < 0.0408 < 0.0408 NFAGP - 2(0.5' -1.5') 03/29/2007 Creekside 0.5 1.5 0.476 < 0.0819 < 0.0819 < 0.0819 HA- 4(1' -1.5') 04/27/2007 Creekside 1.0 1.5 14.2 < 1.83 < 1.83 < 1.83 AB -01, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 0.140 < 0.0360 < 0.0360 < 0.0360 AB -02, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 0.160 < 0.0360 < 0.0360 < 0.0360 AB -02, 2 -3 FT 05/20/2008 AMEC 2.0 3.0 < 0.039 < 0.039 < 0.039 < 0.039 AB -03, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 0.170 0.041 < 0.036 < 0.036 AB -03, 2 -3 FT 05/20/2008 AMEC 2.0 3.0 < 0.043 < 0.043 < 0.043 < 0.043 AB -04, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 < 0.040 < 0.040 < 0.040 < 0.040 AB -04, 2 -3 FT 05/21/2008 AMEC 2.0 3.0 < 0.044 < 0.044 < 0.044 < 0.044 AB -05, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 0.160 0.046 < 0.038 < 0.038 AB -05, 2 -3 FT 05/20/2008 AMEC 2.0 3.0 0.046 < 0.039 < 0.039 < 0.039 AB -06, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 0.830 0.190 < 0.037 < 0.037 AB -06, 2 -3 FT 05/20/2008 AMEC 2.0 3.0 2.90 < 0.200 < 0.200 < 0.200 AB -09, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 0.290 0.076 < 0.033 < 0.033 AB -11, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 < 0.039 < 0.039 < 0.039 < 0.039 1A-01, 2 FT 12/23/2010 AMEC 2.0 2.5 0.218 < 0.0421 < 0.0421 < 0.0421 1A-02, 2 FT 12/23/2010 AMEC 2.0 2.5 0.871 < 0.162 < 0.162 < 0.162 1 B -01, 3 FT 12/23/2010 AMEC 3.0 3.5 44.4 < 0.925 < 0.925 < 0.925 1B-02, 3 FT 12/23/2010 AMEC 3.0 3.5 0.221 < 0.0469 < 0.0469 < 0.0469 1B-03, 3 FT 12/23/2010 AMEC 3.0 3.5 < 0.0121 0.0219 < 0.0121 < 0.0121 1B-04,2.5 FT 12/23/2010 AMEC 2.5 3.0 7.79 < 0.271 < 0.271 < 0.271 1B-05, 2.5 FT 12/23/2010 AMEC 2.5 3.0 1.58 < 0.0126 < 0.0126 < 0.0126 1C-01, 3.8 FT 12/23/2010 AMEC 3.8 4.3 < 0.0126 < 0.0126 < 0.0126 < 0.0126 1C-02, 3 FT 12/23/2010 AMEC 3.0 3.5 < 0.124 < 0.124 < 0.124 - AB- 14 -0 -1 02/04/2011 AMEC 0.0 1.0 0.557 0.202 < 0.0175 < 0.0175 AB- 14 -2 -3 02/04/2011 AMEC 2.0 3.0 0.0672 < 0.0103 < 0.0103 < 0.0103 AB- 15 -0 -1 02/04/2011 AMEC 0.0 1.0 0.438 0.210 < 0.0180 < 0.0180 AB- 15 -2 -3 02/04/2011 AMEC 2.0 3.0 0.0147 0.0187 < 0.0110 < 0.0110 AB- 16 -0 -1 02/04/2011 AMEC 0.0 1.0 1.35 0.426 < 0.0956 < 0.0956 AB- 16 -2 -3 02/04/2011 AMEC 2.0 3.0 0.156 0.0509 < 0.0112 < 0.0112 AB- 17 -0 -1 02/04/2011 AMEC 0.0 1.0 0.389 0.0978 < 0.00825 < 0.00825 AB- 17 -2 -3 02/04/2011 AMEC 2.0 3.0 < 0.00946 0.0173 < 0.00946 < 0.00946 RealNet Investments, LLC Former Coe Manufacturing Facility Front Parcel, Tigard, Oregon 0 Uplands Soil Removal TRAM March 2011 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM \Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final IRAM WP tables.xls Page 1 of 2 TABLE 1 Polychlorinated Biphenyls Detected in Surface Soil Former Coe Manufacturing Facility - Front Parcel Tigard, Oregon d' O co N N co [F co N N_ N N L L L L O O O O U U U U O O O O a ` a` a a ` ` JSCS Soil /Stormwater Sediment SLV 0.3 0.2 1.5 NL Sample Sample Sample ID Sample Date Consultant Interval Start Interval End mg /kg mg /kg mg /kg mg /kg (ft bus) (ft bus) DUP (AB- 17 -2 -3) 02/05/2011 AMEC 2.0 3.0 < 0.00887 < 0.00887 0.00981 0.0143 AB- 18 -0 -1 02/04/2011 AMEC 0.0 1.0 < 0.00916 0.00302 < 0.00916 < 0.00916 AB- 19 -0 -1 02/04/2011 AMEC 0.0 1.0 0.0727 0.0443 < 0.00916 < 0.00916 AB- 20 -0 -1 02/04/2011 AMEC 0.0 1.0 0.171 0.0724 < 0.00764 < 0.00764 AB- 20 -2 -3 02/04/2011 AMEC 2.0 3.0 0.0219 < 0.0127 < 0.0127 0.110 A9- 21 -0 -1 02/04/2011 AMEC 0.0 1.0 0.989 < 0.0381 < 0.0381 < 0.0381 AB- 22 -0 -1 02/04/2011 AMEC 0.0 1.0 0.0199 < 0.00822 < 0.00822 < 0.00822 AB- 23 -0 -1 02/04/2011 AMEC 0.0 1.0 1.46 < 0.0499 < 0.0499 < 0.0499 AB- 23 -2 -3 02/04/2011 AMEC 2.0 3.0 < 0.0115 < 0.0115 < 0.0115 0.019 AB- 24 -0 -1 02/04/2011 AMEC 0.0 1.0 1.610 < 0.0826 < 0.0826 < 0.0826 AB- 24 -2 -3 02/04/2011 AMEC 2.0 3.0 < 0.0105 < 0.0105 < 0.0105 < 0.0105 AB- 25 -0 -1 02/04/2011 AMEC 0.0 1.0 0.829 < 0.0416 < 0.0416 < 0.0416 AB- 25 -2 -3 02/04/2011 AMEC 2.0 3.0 0.0116 0.0165 < 0.0115 < 0.0115 AB- 26 -0 -1 02/04/2011 AMEC 0.0 1.0 4.13 < 0.167 3.20 < 0.167 AB- 26 -2 -3 02/04/2011 AMEC 2.0 3.0 0.0128 0.0126 < 0.0107 < 0.0107 AB- 27 -0 -1 02/04/2011 AMEC 0.0 1.0 0.278 < 0.00834 0.176 < 0.00834 AB- 28 -0 -1 02/04/2011 AMEC 0.0 1.0 0.0129 0.0114 < 0.00838 < 0.00838 AB- 29 -0 -1 02/04/2011 AMEC 0.0 1.0 0.312 < 0.00799 < 0.00799 < 0.00799 AB- 30 -0 -1 02/04/2011 AMEC 0.0 1.0 1.24 < 0.0412 < 0.0412 < 0.0412 AB- 31 -0 -1 02/04/2011 AMEC 0.0 1.0 4.62 < 0.186 < 0.186 < 0.186 AB- 31 -2 -3 02/04/2011 AMEC 2.0 3.0 0.143 0.0941 < 0.0119 < 0.0119 AB- 32 -0 -1 02/04/2011 AMEC 0.0 1.0 0.0218 < 0.00796 < 0.00796 < 0.00796 AB- 32 -2 -3 02/04/2011 AMEC 2.0 3.0 0.225 0.0873 < 0.0114 < 0.0114 Tract B (Tax Lot 2S101 CA - 700) HA-1 (0.75'-1.25') 04/27/2007 Creekside 0.8 1.3 < 0.245 < 0.203 < 0.203 < 0.203 HA- 2(0.75'- 1.25') 04/27/2007 Creekside 0.8 1.3 0.338 < 0.0359 < 0.0359 < 0.0359 NFAGP- 3(1' -2') 03/29/2007 Creekside 1.0 2.0 < 0.0411 < 0.0411 < 0.0411 < 0.0411 AB -08, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 0.310 0.170 < 0.033 < 0.033 AB -08, 2 -3 FT 05/21/2008 AMEC 2.0 3.0 < 0.041 < 0.041 < 0.041 < 0.041 AB -07, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 0.460 < 0.037 < 0.037 < 0.037 AB -10, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 0.300 0.130 < 0.033 < 0.033 Notes: mg /kg = milligrams per kilogram ft bgs = feet below ground surface BOLD = constituent detected at or above laboratory method reporting limit (MRL) < = constituent not detected at or above listed MRL Gray shading indicates detected concentratinon exceeds SLV. JSCS SLV = Portland Harbor Joint Source Control Screening Level Value for Upland Soil /Stormwater Sediment, Table 3 -1, July 16, 2007 Revision RealNet Investments, LLC Former Coe Manufacturing Facility Front Parcel, Tigard, Oregon 0-61M-116854 Uplands Soil Removal IRAM March 2011 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM \Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final TRAM WP tables.xls Page 2 of 2 TABLE 2 Petroleum Hydrocarbon Suface Soil Analytical Results Detected in Surface Soil Former Coe Manufacturing Facility - Front Parcel Tigard, Oregon N 0 C N r p U_ m C N a- R U a7 C o En 0 C N 6� 0 C m 1!:! _ C o u o as X JSCS Upland Soil /Stormwater Sediment SLV NL NL NL NL NL NL NL Soil Ingestion, Dermal Contact, and Inhalation RBC (Occupational) 22,000 70,000 > Max 34 140 77,000 25,000 Volatilization to Outdoor Air RBC (Occupational) 100,000 > Max > Max 50 160 > Csat > Csat Vapor Intrusion into Buildings RBC (Occupational) > Max > Max > Max 1.2 12 > Csat > Csat Sample Interval Sample Interval Sample ID Sample Date Consultant Start End mg /kg mg /kg mg /kg mg /kg mg /kg mg /kg mg /kg (ft bqs) (ft bps) Site Uplands (Tax Lot 2S101CA -400) f 11/17/2000 Tighe & Bond 0.0 2.0 NA < 25.0 < 100 NA NA NA NA TBMW -1;S -1 11/16/2000 Tighe & Bond 0.0 2.0 NA < 25.0 < 100 NA NA NA NA SS -12 (0 -6 ") 12/17/2002 _ Tighe & Bond 0.0 0.5 < 4.00 < 25.0 80.7 NA NA NA NA SS -13 (0 -6 ") 12/18/2002 Tighe & Bond 0.0 0.5 < 4.00 46.7 170 NA NA NA NA SS -14 (0 -6 ") 12/18/2002 Tighe & Bond 0.0 0.5 < 4.00 < 25.0 59.9 NA NA NA NA CSS- 1(2.5') 03/29/2007 Creekside Environmental 2.5 3.0 NA 81.1 264 NA NA NA NA CSS - 2(2.5') 03/29/2007 Creekside Environmental 2.5 3.0 NA < 15.2 47.2 NA NA NA NA CSS- 3(2.5') 03/29/2007 Creekside Environmental 2.5 3.0 NA < 15.6 58.1 < 0.0232 < 0.116 < 0.116 < 0.232 NFAGP- 1(1' -2') 03/29/2007 Creekside Environmental 1.0 2.0 NA < 16.3 < 32.7 < 0.0242 < 0.121 < 0.121 < 0.242 HA- 4(1' -1.5') 04/27/2007 Creekside Environmental 1.0 1.5 NA 177 363 NA NA NA NA PP11- S1(1' -2') 05/08/2007 Creekside Environmental 1.0 2.0 NA 20.5 139 NA NA NA NA AB -01, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 < 23.0 90.3 597 NA NA NA NA AB -01, 2 -3FT 05/20/2008 AMEC 2.0 3.0 674 314 285 < 0.142 19.2 < 1.14 3.0 AB -02, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 < 18.1 223 1,030 NA NA NA NA AB -02, 2 -3 FT 05/20/2008 AMEC 2.0 3.0 < 21.4 < 53.5 < 107 < 0.0147 < 0.0294 < 0.117 < 0.0294 AB -1 1, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 < 24.6 < 61.5 493 < 0.0681 < 0.0292 < 0.117 < 0.0292 1A -01.2 FT 12/23/2010 AMEC 2.0 2.5 NA NA NA NA NA NA NA 1A-02. 2 FT 12/23/2010 AMEC 2.0 2.5 NA NA NA NA NA NA NA 1B-01. 3 FT 12/23/2010 AMEC 3.0 3.5 NA NA NA < 0.0154 < 0.0307 < 0.0615 < 0.0922 1B-02. 3 FT 12/23/2010 AMEC 3.0 3.5 NA NA NA < 0.0156 < 0.0312 < 0.0624 < 0.0936 1B-03. 3 FT 12/23/2010 AMEC 3.0 3.5 NA NA NA < 0.152 3.07 < 0.607 15.3 1B- 04,2.5 FT 12/23/2010 AMEC 2.5 3.0 262 3,190 8,580 1.15 170 170 2,060 1B-05, 2.5 FT 12/23/2010 AMEC 2.5 3.0 1,170 790 4,850 0.171 50.9 119 279 1C-01, 3.8 FT 12/23/2010 AMEC 3.8 4.3 < 24.8 < 62.1 < 124 NA NA NA NA 1C -02, 3 FT 12/23/2010 AMEC 3.0 3.5 NA NA NA NA NA NA NA RealNet Investments, LLC Former Coe Manufacturing Facility Front Parcel, Tigard. Oregon 0 -61 M- 116854 Soil Removal IRAM March 2011 K: \11000 \11600 \11685 \116854 Front ParceNSoil IRAM \Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \tables \Coe Final IRAM WP tables.xls Page 1 of 2 TABLE 2 Petroleum Hydrocarbon Suface Soil Analytical Results Detected in Surface Soil Former Coe Manufacturing Facility - Front Parcel Tigard, Oregon en 0 U C a 1 11 Er C N o C CC N C d rq C _ CII m d a y C 3 N _N - L 0 O 0 m W 1- X JSCS Upland Soil /Stormwater Sediment SLV NL NL NL NL NL NL NL Soil Ingestion, Dermal Contact, and Inhalation RBC (Occupational) 22,000 70,000 > Max 34 140 77,000 25,000 Volatilization to Outdoor Air RBC (Occupational) 100,000 > Max > Max 50 160 > Csat > Csat Vapor Intrusion into Buildings RBC (Occupational) > Max > Max > Max 1.2 12 > Csat > Csat Tract B (Tax Lot 2S101CA -700) SS -11 (0 -6 ") 12/17/2002 Tighe & Bond 0.0 0.5 < 4.00 < 25.0 116 NA NA NA NA NFAGP- 2(0.5' -1.5') 03/29/2007 Creekside Environmental 0.5 1.5 < 4.82 109 629 < 0.0235 < 0.117 < 0.117 < 0.235 NFAGP- 3(1' -2') 03/29/2007 Creekside Environmental 1.0 2.0 NA 142 644 < 0.0233 < 0.116 < 0.116 < 0.233 HA- 1(0.75'- 1.25') 04/27/2007 Creekside Environmental 0.8 1.3 NA 1,030 5,100 < 0.0242 < 0.121 < 0.121 < 0.242 HA- 2(0.75'- 1.25') 04/27/2007 Creekside Environmental 0.8 1.3 NA 37.3 239 NA NA NA NA AB -10, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 < 21.3 < 53.4 392 < 0.0141 < 0.0283 < 0.113 < 0.0283 Notes mg /kg = milligrams per kilogram ft bgs = feet below ground surface BOLD = constituent detected at or above laboratory method reporting limit (MRL) NA = constituent not analyzed in sample NL = screening level not listed < = constituent not detected at or above listed MRL KgW4. ilitfcae :6V ti# 4MT t IPYWiEAK `r, a > Csat indicates the constituent RBC for this pathway exceeds the limit of three -phase equilibrium partitioning. DEQ does not provide RBCs for these constituents. > Max indicates the constituent RBC for this pathway is greater than 100,000 mg /kg or 100,000 mg /L. DEQ does not provide RBCs for these constituents. JSCS SLV = Portland Harbor Joint Source Control Screening Level Value for Upland Soil /Stormwater Sediment, Table 3 -1, July 16, 2007 Revision RBC = Oregon Department of Environmental Quality Risk -Based Decision Making for the Remediation of Petroleum- Contaminated Sites, September 22, 2003 and Risk -Based Concentrations (RBCs) for Individual Chemicals workbook,http•l /www.deq. state .or.us /la/pubs /docs /RBDMO3F.xls Revision: September 15, 2009. RealNet Investments, LLC Former Coe Manufacturing Facility Front Parcel, Tigard, Oregon 0 -61 M- 116854 Soil Removal IRAM March 2011 K: \11000 \11600 \11685 \116854 Front ParceNSoil IRAM \Work Scope \Revised IRAM Jan_2011 \March 2010 Work Plan \tables \Coe Final IRAM WP tables.xls Page 2 of 2 TABLE 3 Lead Detected in Surface Soil Former Coe Manufacturing Facility - Front Parcel Tigard, Oregon cc a) J DEQ Level II Sediment SLV 35 JSCS Upland Soil /Stormwater Sediment SLV (Probable Efffects Concentration) 126 Sample Sample Sample ID Sample Date Consultant Interval Start Interval End mg /kg (ft bgs) (ft bgs) Site Uplands (Tax Lot 2S101CA -400) SS -12 (0 -6 ") 12/17/2002 Tighe & Bond 0.0 0.5 7.37 NFAGP- 1(1' -2') 03/29/2007 Creekside Environmental 1.0 2.0 39.2 AB -01, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 13.5 AB -02, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 13.3 AB -09, 0-1 FT 05/20/2008 AMEC 0.0 1.0 36.6 AB -11, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 27.1 AB -18, 0-1 FT 02/04/2011 AMEC 0.0 1.0 12.2 AB -20, 0 -1 FT 02/04/2011 AMEC 0.0 1.0 17.8 AB -29, 0-1 FT 02/04/2011 AMEC 0.0 1.0 22.4 AB -31, 0 -1 FT 02/04/2011 AMEC 0.0 1.0 46.7 AB -32, 0-1 FT 02/04/2011 AMEC 0.0 1.0 26.0 AB -33, 0 -1 FT 02/04/2011 AMEC 0.0 1.0 26.6 AB -34, 0 -1 FT 02/04/2011 AMEC 0.0 1.0 28.0 Tract B (Tax Lot 2S101CA -700) SS -11 (0-6 ") 12/17/2002 Tighe & Bond 0.0 0.5 2.57 NFAGP - 2(0.5' -1.5') 03/29/2007 Creekside Environmental 0.5 1.5 1,550 NFAGP- 3(1' -2') 03/29/2007 Creekside Environmental 1.0 2.0 14.1 HA- 1(0.75'- 1.25') 04/27/2007 Creekside Environmental 0.8 1.3 115 HA- 2(0.75'- 1.25') 04/27/2007 Creekside Environmental 0.8 1.3 190 AB -07, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 58.1 AB -08, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 86.8 AB -10, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 90.3 Notes: mg /kg = milligrams per kilogram ft bgs = feet below ground surface BOLD = constituent detected at or above laboratory method reporting limit (MRL) DEO Level II SLV = Soil Screening Level Value, Oregon Department of Environmental Quality Guidance for Ecological Risk Assessment. December 1998 (updated December 2001). JSCS SLV = Portland Harbor Joint Source Control Screening Level Value for Upland Soil /Stormwater Sediment, Table 3 -1, July 16, 2007 Revision RealNet Investments, LLC Former Coe Manufacturing Facility Front Parcel, Tigard, Oregon 0 Uplands Soil Removal TRAM March 2011 K: \11000 \11600 \11685 \116854 Front Parcel \Soil IRAM \Work Scope \Revised IRAM_Jan_2011 \March 2010 Work Plan \Coe Final IRAM WP tables.xls Page 1 of 1 TABLE 4 - Polynuclear Aromatic Hydrocarbon Surface Soil Analytical Results Former Coe Manufacturing Facility - Front Parcel Tigard, Oregon c W I i C o a�i b a w = Y .0 d .c 41 L M W L W c C C C C C fT o y a C e 7 - o m m m m U u. c co Z a a JSCS Soil /Stormwater Sediment SLV 1.05 1.45 13.0 0.300 1.29 2.23 0.100 0.561 1.17 1.52 Sample Sample Interval Interval mg/kg mg/kg mg/kg mg/kg mg/kg mglkg mg/kg m /k mg/kg mg /kg Start End g g g g g g g g g g g g g g g g g g Sample ID Sample Date Consultant (ft bgs) (ft bgs) Site Uplands (Tax Lot 2S101CA -400) AB -02, 0 -1 FT 05/20/2008 AMEC 0.0 1.0 <0.172 < 0.172 <0.172 < 0.172 <0.172 < 0.172 <0.172 < 0.172 < 0.172 <0.172 AB -11, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 < 0.394 < 0.394 < 0.394 < 0.394 < 0.394 < 0.394 < 0.394 < 0.394 < 0.394 < 0.394 AB -11, 2 -3FT 05/21/2008 AMEC 2.0 3.0 < 0.0429 < 0.0429 < 0.0429 < 0.0429 < 0.0429 < 0.0429 < 0.0429 < 0.0429 < 0.0429 < 0.0429 AB- 15 -0 -1 02/04/2011 AMEC 0.0 1.0 <0.0101 <0.0101 <0.0201 <0.0101 <0.0101 <0.0101 <0.0101 <0.0101 <0.0101 <0.0101 AB- 20 -0 -1 02104/2011 AMEC 0.0 1.0 < 0.00971 < 0.00971 < 0.00971 < 0.00971 < 0.00971 < 0.00971 < 0.00971 < 0.00971 < 0.00971 < 0.00971 AB- 31 -0 -1 02/04/2011 AMEC 0.0 1.0 < 0.0106 < 0.0106 < 0.0212 < 0.0106 < 0.0106 < 0.0106 < 0.0106 0.041 < 0.0106 < 0.0106 AB- 32 -0 -1 02/04/2011 AMEC 0.0 1.0 0.638 0.542 0.880 0288 0.784 0.821 0.316 < 0.209 0.343 0244 Tract B (Tax Lot 2S101 CA -700) NFAGP - 2(0.5' -1.51 03/29/2007 Creekside 0.5 1.5 < 0.0815 < 0.0815 < 0.0815 < 0.0815 < 0.0815 < 0.0815 < 0.0815 < 0.0815 < 0.0815 < 0.0815 NFAGP- 3(1' -2') 03/29/2007 Creekside 1.0 2.0 < 0.0827 < 0.0827 < 0.0827 0.124 0.0989 < 0.0827 < 0.0827 < 0.0827 < 0.0827 < 0.0827 AB -10, 0 -1 FT 05/21/2008 AMEC 0.0 1.0 < 0.370 < 0.370 < 0.370 < 0.370 < 0.370 < 0.370 < 0.370 < 0.370 < 0.370 < 0.370 Notes: mg /kg = milligrams per kilogram ft bgs = feet below ground surface BOLD = constituent detected at or above laboratory method reporting limit (MRL) < = constituent not detected at or above listed MRL Gray shading indicates detecttd concentratinon exceeds SLV. JSCS SLV = Portland Harbor Joint Source Control Screening Level Value for Upland Soil / Stormwater Sediment, Table 3 -1, July 16, 2007 Revision RealNet Investments, LLC Former Coe Manufacturing Facility Front Parcel, Tigard, Oregon 0 -61 M- 116854 Uplands Soil Removal IRAM March 2011 K: \11000 \11600 \11685 \116854 Front Parcel\Soil IRAM \Work Scope \Revised IRAM _Jan_2011 \March 2010 Work Plan \Coe Final IRAM WP tables.xls Page 1 of 1 A 5w LEGEND Taxlot Boundary(METRO) – Tract B-Taxlot 2S101CA-700 �a Presumed PCB Primary Release Source Area _ Sub-Surface Petroleum Impact Approximate Stormwater Flow Direction ° .■� —+0 100 Year Flood Plain(FEMA) a' Yx �Q� Proposed Silt Fence Installation Location �.. . Ai � n P faxrot .x� g „ . ni Y Asphalt � Parking Lot p W Former- ' Hazardous Compressor �N Waste /Petroleum Shed Storage Area Asphalt (o Parking Lot el -- o U r y , M U x > �p,J IAL Building #1 Asphalt Parking Lot PLAN NORTH 0' 25' 50' 75' NOTE:TAXLOTS AND 2008 AERIAL FROM METRO DATA CLIENT: DWN BY: PROJECT REVISED SOIL REMOVAL IRAM DATE: PM JANUARY 2011 RESOURCE CENTER. REALNET INVESTMENTS, LLC CHK'D BY: FORMER COE MANUFACTURING FACILITY- FRONT PARCEL PROJECT NO: JE 7930 SW HUNZIKER ROAD, TIGARD, OREGON 9-61M-116854 DATUM: NAD83 TITLE REV.NO.: AMEC Earth & Environmental amec� PROJECTION. FORMER COE MANUFACTURING 1 7376 S.W.Durham Road OR SP Ft. FRONT PARCEL SITE OVERVIEW FIGURE No. Portland,OR.U.S.A.97224 SCALE: 1 1"-50' K:\11000\11600\11685\116851\DWG\Front Parcel Maps\Revised Soil IRAM\Figura 1 – Site Overview_Revl.dwg – Base Map – Mar. 14, 2011 1:57pm – etephone.descombes \` `' AB; 2 • AB-330 LEGEND A$=31 4.62 4. `� � - � ,�f:7v-7 Monitoring Well(Tighe&Bond-2001 &2003) D, \ `` ' •TB-3 Soil Sample(Tighe&Bond-November 2001) 2_02 2-01 19SS-14 Soil Sample(Tighe&Bond-December 2002) OCSS-1 Surface Soil Sample(Creekside-March 2007) Excavation 2 j ONFAGP4 Soil Boring(Creekside-March 2007) ' AB-22 O HA-1 Hand Auger Boring(Creekside-April 2007) AB-20 P-4 0.0199 Soil Boring(AMEC-May 2008) 0.171 -- '21 7_ •ND1 B-05 Shallow Soil Sample(AMEC-Dec 2010) 0.0724 SS-14 � 0.969 � � "'� 0.098 ND •AB-20 Soil Boring(AMEC-February 2011) 0 SV-3 Sub-Slab Soil Vapor Sample ND y_ (AMEC-February 2011) AB-16 All Analytical Results Reported in mg/kg AB-19 1 35 0.0727 \ 4` • 0 Shallow Soil Results(0-1 ft.bgs): Aroclor 1254 in black 0.0443 AB-17 0,42,,6 Aroclor 1260 in blue 0.389 0.0978 1 C-02 Detection of PCB Concentration Exceeds Ecological Risk Screening Level Value: t-m;e1Vd(ioll '!Cc Aroclor 1254:0.3 Aroclor 1260:0.2 0.830[:]T 0.190 02-02 Proposed Confirmation Soil Sample Location 1 C-01 O '`t Y f 100 Year Flood Plain(FEMA) AB-18 AB-15 ASB-14 CSS-1 ® Soil Removal Area(Creekside Feb,2004) 0.438 D ♦ 0.557 AR 1254 0.979 SS-13 00302 0.210 0 202 E0 _ I.0' AR1260 ND ® Soil Removal Area(RealNet Dec 23,2010) 0.179 ; TB-6 ND �ti ;0.110 ® Proposed Shallow Soil Removal Area B-05 ata-. I r 0.160 1 CC-01 0.140 -1 Proposed Silt Fence Installation Location 0.046 N: - 0 SV-3 TB-3 1 B-04 t 0.015 CJS-2 ND 0.504 ND 0.047 ND � nAl 1 B 02 -n AB-27 i� ._ ,`; 0.278 ♦ -- O C) TB-5 CS� 3 CSS-3 ND AR 1254 4.34 ND 0.0'-1.0' AB-26 I ART 6 ::::l 0 ND 4ND.13 �.•. •AB-�5 ND 0.8291 Excavation 1A-02 ND � 0.16 }-j -4 ND � A13-2n, AB-24 J')0.0129 -01 SAB-�3 0.0114 i 1.61 1.46 j SVD ND AB-30 .; • 1.24 • AB-29 ND ND 0'312 ) PLAN NORTH — ND ND , O.. 0' 10' 20' 30' v 20' NOTE: TAXLOTS AND 2008 AERIAL FROM METRO DATA CLILN 1` DwN BY: PROJECT REVISED SOIL REMOVAL IRAM DATE: RESOURCE CENTER. REALNET INVESTMENTS, LLC CHK'D BY: PM/SD FORMER COE MANUFACTURING FACILITY- FRONT PARCEL PROJECT NO: 2011 JE 7930 SW HUNZIKER ROAD, TIGARD, OREGON 0-61M-116854 DATUM: NAD83 TITLE REV.NO.: AMEC Earth & Environmental amee PROJECTION. PCB SHALLOW SOIL ANALYTICAL RESULTS WITH 1 7376 S.W.Durham Road OR SP Ft. PROPOSED SHALLOW SOIL REMOVAL AREAS FIGURE No. Portland,OR.U.S.A.97224 SCALE: 1"-zo' 4 K:\11000\11600\11685\116851\DWG\Front Parcel Maps\Revised Soil IRAM\Figure 4 — Proposed Shallow Soil Removal Areas.dwg — Layout 1 — Mar. 15, 2011 2:35pm — stephone.descombes i r LEGEND ' 0r,.1VV-7 Monitoring Well(Tighe&Bond-2001 &2003) •TB-3 Soil Sample(Tighe&Bond-November 2001) q IHSS-14 Soil Sample(Tighe&Bond-December 2002) OCSS-1 Surface Soil Sample(Creekside-March 2007) ONFAGP4 Soil Boring(Creekside-March 2007) O HA-1 Hand Auger Boring(Creekside-April 2007) AP,-09 Soil Boring(AMEC-May 2008) 1 B-05 Shallow Soil Sample(AMEC-Dec 2010) •AB-20 Soil Boring(AMEC-February 2011) @ NFAGP-3 0 SV-3 Sub-Slab Soil Vapor Sample (AMEC-February 2011) °tetf3'. E -2 0 476All Analytical Results Reported in mg/kg C3;1'f3 Shallow Soil Results(0-1 ft.bgs): Aroclor 1254 in black 0.310 Aroclor 1260 in blue ND 0.170 0.460 PJD "JU Detection of PCB Concentration Exceeds 0 Ecological Risk Screening Level Value: HA-2 o O HA-1 Aroclor 1254:0.3 Aroclor 1260:0.2 0.333 ND O' 3 02-02 Proposed Confirmation Soil Sample Location �l -f 100 Year Flood Plain(FEMA) 0 ® Soil Removal Area(Creekside Feb,2004) 0:300 0.130 Soil Removal Area(Real Net Dec 23,2010) AB-32 CO ® Proposed Shallow Soil Removal Area 0.290 0.0218 AB-33 Proposed Silt Fence Installation Location / ''� � AB-31 9.Qz 4.62 3 Excavation 2 AB-22 AB-20 NFAGP-4 0.0199 0.171 - .1 _ @,N D k SS-14 0.0724 , Na89,. 0.098 . ND AB-19 AB-16 .. 1.35 0. 727 0.0443 AB-17� 0.426 0.389 0.0973 1 C-02 _ . 0.830� �n �01- 0.19c 1C-01 AB-18 AB-15 AB-14 css-1 ND0 0.438 0 0 0.557 AR 1254 0.979 0' 10' 2 30' SS-13 10.00302 0.2'(' 0.202 0.01-1.01 AR1260 ND PLAN NORTH � 0.179 TjB-6 ND 0 I B-05 r -11" 20' 0.160 SV-3 NOTE:TAXLOTS AND 2008 AERIAL FROM METRO DATA CA ll-NT: DwN BY: PROJECT REVISED SOIL REMOVAL IRAM DATE: PM/SD MARCH 2011 RESOURCE CENTER. REALNET INVESTMENTS, LLC CHK'D BY: FORMER COE MANUFACTURING FACILITY- FRONT PARCEL PROJECT NO: JE 7930 SW HUNZIKER ROAD, TIGARD, OREGON 0-61M-116854 DATUM: NAD83 TITLE REV.NO.: AMEC Earth & Environmental PROJECTION: PCB SHALLOW SOIL ANALYTICAL RESULTS WITH 1 7376 S.W.Durham Road ame OR SP Ft. PROPOSED SHALLOW SOIL REMOVAL AREAS FIGURE No. Portland,OR.U.S.A.97224 SCALE: 1°-20' S K:\11000\11600\11685\116851\DWG\Front Parcel Maps\Revised Soil TRAM\Figura 5 — Proposed Shallow Soil Removal Areas.dwg — Layout 1 — Mar. 15, 2011 2:38pm — stephone.descombes