Jessica Rutherford DBA Double J Cache Nail Boutique ~ LE163003 ~ Tenancy Lease - Saxony Property ASSIGNMENT OF LEASE
THIS Assignment and Assumption of Lease ("Agreement") is made as of this 14th day of
December, 2015, between the City of Tigard, an Oregon municipal corporation ("Assignor")and
the City Center Development Agency, an ORS chapter 457 urban renewal agency("Assignee")
RECITALS
A. Assignor owns the fee interest in those certain premises described
on Exhibit A attached and incorporated hereto (the "Premises").
B. A portion of the Premises are leased pursuant to the lease attached
and incorporated as Exhibit B (the "Lease"). Assignor holds all right, title and
interest in and to the lessor's interest under the Lease.
C. Pursuant to that certain Purchase and Sale Agreement dated
November 30, 2015, between Assignor and Assignee (the "Agreement"), Assignor has agreed to
sell the Premises to Assignee and in connection with the sale has agreed to assign the Lease to
Assignee and Assignee has agreed to assume the Lease.
AGREEMENT
NOW,THEREFORE, for valuable consideration, the receipt and adequacy of which are
hereby acknowledged,the parties agree as follows:
1. Assignment.
Effective as of the Effective Date of this Assignment,Assignor hereby transfers,
sets over and assigns to Assignee all right,title and interest of Assignor in and to the Lease, TO
HAVE AND TO HOLD the same to Assignee, its successors and assigns forever; SUBJECT ,
HOWEVER,to each and every provision of the Lease and as hereinafter provided.
2. Acceptance of Assignment.
Effective as of the Effective Date, Assignee accepts the within assignment and
agrees to perform and discharge all of the covenants, terms, conditions and provisions to be kept,
observed and performed by Assignor as lessor under the Lease.
3. Assignor's Indemnity of Assignee.
Assignor hereby agrees to defend and indemnify Assignee, its directors, officers,
employees, agents, representatives, successors and assigns, and each of them, from and against
any and all claims, suits, demands, causes of action, actions, liabilities, losses, damages, costs
and expenses(including reasonable attorney's fees) arising out of or resulting from any breach or
Page 1—ASSIGNMENT OF LEASE
50014-70845 16873241tP/12/14/2015
default committed or alleged to have been committed by Assignor as lessor under the Lease prior
to the Effective Date.
4. Assignee's Indemnity of Assignor.
Within the limits of the Oregon Tort Claims Act and Oregon Constitution,
Assignee hereby agrees to defend and indemnify Assignor, and its respective directors, officers,
employees, agents, representatives, successors and assigns, and each of them, from and against
any and all claims, suits, demands, causes of action, actions, liabilities, losses, damages, costs
and expenses (including reasonable attorney's fees) arising out of or resulting from any breach or
default committed or alleged to have been committed by Assignee, its successors or assigns, as
the lessor under the Lease from and after the Effective Date.
5. Effective Date.
This Assignment shall be effective as of the date of recording of the deed
conveying title to the Premises to Assignee (the "Effective Date").
6. Counterparts.
This Assignment may be executed in one or more counterparts by the parties
hereto. All Counterparts shall be construed together and shall constitute one agreement.
7. Binding Effect.
This Assignment shall be binding on and inure to the benefit of the parties and
their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be duly
executed on behalf of each of them respectively, by their respective officer's thereunto duly
authorized, in multiple originals, all as of the day and year first above written.
ASSIGNOR ASSIGNEE
City of Tigard, an Oregon municipal City Center Development Agency, an ORS Ch.
corporation 457 urban renewal agen
By;���� BSL
Name: 1 g r-kj�6k L • Wi'/ke_ Name:y/IAct1 k LA e_
Its: � PAYV4!i e- Its: �gu,I1A� ire r
Page 2-ASSIGNMENT OF LEASE
50014-708451687324_1�P/12/14/2015
EXHIBIT A
Premises
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described
as follows:
PARCEL I:
BEGINNING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTH
1/2 OF THE JOHN HICKLIN DONATION LAND CLAIM NO. 37 IN TOWNSHIP 2 SOUTH,
RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON.
AND RUNNING THENCE SOUTH 45°00' WEST ON LINE BETWEEN THE SAID JOHN
HICKLIN DONATION LAND CLAIM AND THE GEORGE RICHARDSON DONATION LAND
CLAIM,A DISTANCE OF 1807.1 FEET TO A POINT;THENCE SOUTH 45000' EAST ALONG
THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO EMIL A.AND
OLIVIA T.JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE 0069, WASHINGTON
COUNTY, DEED RECORDS A DISTANCE OF 131.0 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED TRACT;THENCE FROM THE DESCRIBED POINT OF
BEGINNING SOUTH 4500' EAST ALONG THE EASTERLY LINE OF SAID JOHNSON
TRACT A DISTANCE OF 93.0 FEET TO A POINT ON THE NORTHERLY LINE OF THE
PACIFIC HIGHWAY; THENCE FOLLOWING SAID NORTHERLY LINE OF THE PACIFIC
HIGHWAY ON A 5730.0 FOOT RADIUS CURVE TO THE RIGHT(THE LONG CHORD OF
WHICH BEARS SOUTH 57°31' WEST 23.5 FEET) 23.5 FEET TO A POINT MARKED BY AN
IRON HIGHWAY RIGHT OF WAY MARKER; THENCE SOUTH 57°38'WEST ALONG SAID
RIGHT OF WAY LINE 145.0 FEET TO A POINT IN THE CENTER OF FANNO CREEK;
THENCE NORTH 36°30' WEST IN THE CENTER OF FANNO CREEK A DISTANCE OF 78.6
FEET TO A POINT;THENCE NORTH 55°52'WEST IN THE CENTER OF FANNO CREEK A
DISTANCE OF 6.1 FEET TO A POINT; THENCE NORTH 55°09' EAST ALONG THE
HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 156.4 FEET TO THE POINT OF
BEGINNING.
PARCEL II:
BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE SOUTH 1/2
OF THE JOHN HICKLIN DONATION LAND CLAIM IN TOWNSHIP 2 SOUTH, RANGE 1
WEST,WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON.
EXHIBIT A, Page 1 of 2
50014-708451687324_11PI1211412015
AND RUNNING THENCE SOUTH 45°18' WEST ALONG THE DONATION LAND CLAIM LINE
1814.5 FEET TO THE MOST WESTERLY CORNER OF LOT 15 OF ELECTRIC ADDITION TO
TIGARDVILLE ( PLAT BOOK 2, PAGE 0042), A DULY RECORDED SUBDIVISION IN
WASHINGTON COUNTY, OREGON; THENCE SOUTH 44°47' EAST ON THE
SOUTHWESTERLY LINE OF SAID LOT 15 AND THE NORTHEASTERLY LINE OF A TRACT
OF LAND CONVEYED TO EMIL JOHNSON BY DEED AS RECORDED IN BOOK 118 PAGE
0069 OF WASHINGTON COUNTY DEED RECORDS, 131.0 FEET TO THE WESTERLY
CORNER OF THE SOUTHEASTERLY 1/2 OF SAID LOT 15 AND THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE DESCRIBED
POINT OF BEGINNING SOUTH 44047' EAST ON SAID SOUTHWESTERLY LINE OF LOT 15
A DISTANCE OF 96.0 FEET TO THE NORTHERLY LINE OF THE OLD TAYLORS FERRY
ROAD; THENCE NORTH 60112' EAST ON SAID ROAD LINE 22.2 FEET TO AN IRON;
THENCE NORTH 36°10' WEST 48.3 FEET TO AN IRON; THENCE NORTH 60°12' EAST
40.1 FEET TO AN IRON; THENCE NORTH 36°10' WEST 65.0 FEET TO AN IRON ON THE
EASTERLY BOUNDARY OF THE STATE HIGHWAY; THENCE SOUTH 45°14' WEST ALONG
SAID LINE, 77.24 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A PORTION OF A LAND CONVEY TO THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON FOR ROAD OR STREET PURPOSES RECORDED ON
SEPTEMBER 13, 2012 AS FEE NO. 2012 076047
NOTE: This legal description was created prior to January 1, 2008.
EXHIBIT A, Page 2 of 2
50014-708451687324 1tP/11/14/1015
EXHIBIT B
The Leases
COMMERCIAL LEASE
MONTH-TO-MONTH TENANCY
LESSOR: City of Tigard, ("Lessor")
an Oregon municipal corporation
LESSEE: Jessica Rutherford, ("Lessee")
DBA Double 1 Cache Nail Boutique
In consideration of the mutual covenants herein,Lessor hereby leases to Lessee the Property
described herein on the following terms and conditions.
1. Property Leased. The property al 12535 SW Main Street,consisting of
approximately 600 sq ft.
2. Term. The term shall commence on September 25,2015 and continue on a
month to month basis until terminated by either party as provided for below.
2.1 This lease may be terminated by either party for any reason and in the
patty's sole discretion on 30 days notice to the other party.
2.2 Lessee acknowledges that Lessor is not in the business of being a
commercial lessor. The premises are being made available as a short-term accommodation to
assist Lessee in transitioning to a permanent location. Lessee further understands that Lessee
intends to demolish the structures and redevelop the Premises,or make the Premises available
for redevelopment Lessee acknowledges that it does not and will not qualify as a"displaced"
person or business upon termination of this tenancy and is not entitled to and hereby waives any
claim for relocation assistance or benefits under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act or state law.
3. Rent.
3.1 Lessee shall pay as monthly base rent the amount of six hundred dollars
($600.00),in advance,on the first day of each calendar month
3.2 Rent shall be paid to Lessor by direct deposit. Lessee shall complete and
deliver to Lessor the form of Authorization Agreement for Direct Payments attached hereto as
Exhibit A,authorizing the rent to be automatically debited from Lessee's account and deposited
into Lessor's account. Rent for the first and last partial months shall be prorated
3.3 Rent payments shall be delinquent after the tenth day of each month and if
not paid in full,shall be subject to a late payment penalty of$20.00 per day in addition to any
other remedy available to Lessor.Any delinquent amount Lessor shall bear interest at the rate of
18%per annum,or such lower rate if required by applicable law.
Page 1-MONTI I TO MONTH LEASE
EXHIBIT B, Page 1 of 7
50014-708451687324 1tP112/1412015
4. Utilities and Taxes. In addition to the monthly base rent,Lessee shall pay
directly all utilities,except that Lessor shall pay for water and storm water. Lessor shall pay the
ad valorem real property taxes. lessee is responsible for any personal property taxes.
S. Condition of Premises lessee has inspected the Premises and determined that it
is acceptable in its current condition and accepts it"AS IS"condition with all defaults and
defects,whether latent or not,and agrees that Lessor shall not be required to make any repairs,
improvements or alterations to the Premises except as expressly provided in Section 7.
6. Use of Premises. lessee shall use the Premises for activities related to a nail
boutique and for no other purpose.
6.1 lessee shall not.(a)make any unlawful,improper or offensive use of the
Premises;(b)suffer any strip or waste thereof,(c)do anything or permit anything to he done
upon or about the Premises in any way tending to create a nuisance
6.2 Lessee shall not- store or use hazardous or highly combustible materials
on the Premises at any time except in strict compliance with all applicable laws;or me the
Premises in such a way or for such a purpose that the fire insurance rate on the Premises is
thereby increased or that would prevent Lessor from obtaining reduced premium rates for long
term fire insurance policies.
6.3 Lessee,at Lessee's own expense,shall comply with all laws and
regulations of any public entity respecting Lessee's use of the Premises.
7. Repairs and Improvements.
7.1 Subject to the provisions of this Section,Lessee shall,at all times during
the Term of the Lease,at Lessee's sole cost and expense,repair,maintain,and replace all other
parts of the Premises and keep the Premises in good order,condition and repair,which obligation
shall include,without limitation,the obligation to maintain,repair,and replace as necessary:(a)
floor coverings,(b)wall coverings;(c)paint,(d)casework;(e)ceiling tiles,(f)heating,
ventilating and air conditioning systems,(g)window coverings;(h)lights and ballasts,(i)locks
and hardware;0)all of Lessee's property,(k)electrical,plumbing,sprinklers and sprinkler
heads,and other mechanical facilities;(1)all broken window glass and door glass in the
Premises with glass of the same size and quality,and(m)all tanks and pumps.
7.2 Notwithstanding the foregoing,in the event that a major repair or
replacement of a building system is required,such as plumbing,sewer or water service,heating,
ventilation or electrical system,Lessee shall have the option to:
7.2.1 Voluntarily terminate this lease and vacate the premises at its sole
expense on 30 day's notice to Lessor. Rent shall be paid to the date the premises are vacated and
the security deposit returned less any amounts otherwise due under this Lease;or
7.2.2 Make such repair or replacement at its own expense after first
obtaining the approval of Lessor,which approval shall not unreasonably be withheld.
Page 2—MONTH TO MONTH LEASE
EXHIBIT B, Page 2 of 7
50014-708451687314_1�P/12/14/1015
7.3 Lessee shall not make any alterations,additions,or improvements to the
Premises exceeding 55,000,requiring a building or other permit,or affecting the structural
elements of the Premises without Lessor's consent.
7.4 Lessor reserves,and at any and all times shall have,the right to repair the
Premises in its sole and arbitrary discretion,and for that purpose at any time may erect
scaffolding and all other necessary structures about and upon the Premises and Lessor and
Lessor's representatives,contractors,and workmen for that purpose may enter in or about the
Premises with such materials as Lessor may deem necessary therefore,and Lessee waives any
claim for damages, including loss of business,resulting therefrom. Lessor will use its best
efforts to make such repairs expeditiously as reasonably possible and to cause as little
interference as reasonably possible with Lessee's use of the Premises.
8. Lessor's Right of Entry. Lessor and Lessor's agents and representatives shall
have the right to enter into or upon the Premises at any reasonable time upon not less than 24
hours prior written notice,for the purpose of examining the condition thereof,or for any other
lawful purpose-,provided,however,lessor may enter upon the Premises without such notice in
the event of any emergency requiring Lessor's immediate attention.
9. Right of Assignment. Lessee shall not assign,transfer or sublet this Lease or the
Premises or any portion,or otherwise permit any other person or entity to occupy the Premises
without the prior written consent of Lessor.
10. Liens. Lessee will not permit any lien of any kind to be placed upon the Premises
or any part thereof. If Lessee disputes the correctness or validity of any claim of lien,Lessee
shall,within 10 days after written request from Lessor,secure the discharge of such lien or post
or provide security in a form and amount sufficient to ensure that title to the Premises remains
free from the lien claimed.
11. Ice,Snow,Debris. At all times during the Term of the Lease, lessee shall keep
the sidewalks and driveways of the Premises free and clear of ice,snow,rubbish,debris,and
obstruction. Lessee will not permit rubbish,debris,ice or snow to accumulate on the roof of the
buildings on the Premises,so as to stop up or obstruct gutters or downspouts or cause damage to
the roof,and will hold harmless and protect Lessor against any injury whether to Lessor or to
Lessor's property or to any other person or property caused by Lessee's failure to perform its
obligations under this section
12. Signs. Lessee shall have the right to install one or more signs with Lessor's
consent,which shall not be unreasonably withheld and in compliance with all laws.
13. Liability,Waiver and Indemnification. Lessor shall not be liable to Lessee for any
damage to lessee or Lessee's property arising from the condition of the property during Lessee's
occupancy. Lessee waives and covenants not to sue Lessor for any claim arising from the
condition of the Premises and hereby assumes all risk of damage to property and injury to
persons in,on,or about the Premises from any cause whatsoever. Lessee shall indemnify,
defend,protect and hold harmless the Lessor,its officers,agents and employees from and against
any and all such claims including court costs and reasonable attorney fees incurred by Lessor
The provisions of this Section 13 shall survive the expiration or termination of this Lease.
Page 3 -MONTH TO MONTH LEASE
EXHIBIT B, Page 3 of 7
50014-708451687314_11P/11/14/2015
14. Insurance.
14.1 Lessee,at Lessee's own expense,shall at all times maintain,keep in effect,
furnish and deliver to Lessor,commercial general liability insurance in a form and with an
insurer satisfactory to Lessor,insuring both Lessor and Lessee,and their respective officers,
employees and agents against all liability for damages to person or property in or about the
Premises. The amount of such liability insurance shall be not less than S 1,000,000 for injunes
arising out of any one occurrence and$75,000 for property damage
14.2 The insurance policy shall name I-essor,its officers,agents and employees
as an additional insured. Proof of coverage shall be furnished on execution of this Agreement.
Lessee immediately shall inform Lessor of any significant change in the policy or cancellation.
15. Fixtures,equipment and personal property. On expiration of this Lease,
Lessee shall remove at its sole expense and liability and any all signs,equipment,personal
property and fixtures for Lessee's use and benefit.
16. Waiver of Subrogation(Rights. Lessor and Lessee hereby mutually waive their
respective rights of recovery against each other for any loss of,or damage to,either party's
property,to the extent that such loss or damage is covered by an insurance policy at the time of
such loss or damage. Each party shall obtain any special endorsements,if required by its insurer,
whereby the insurer waives its rights of subrogation against the other party.
17. Non-discrimination and compliance with American with Disabilities Act of
1990- Lessee shall not discriminate in any activity or service made possible by this lease with
regard to gender,gender expression,race,religion,national origin,sexual orientation,age,
disability, or familial status and agrees to conduct its operations on the Premises in compliance
with the Americans with Disabilities Act of 1990("ADA").
18. Environmental Compliance.
18.1 Lessee shall comply with all applicable federal,state,and local
environmental laws,regulations,and/or ordinances applicable to Lessee's use of the Premises,
including,but not limited to,Environmental Laws. Lessee shall not release,discharge,generate
or,other than fuel and other substances used in the permitted use of the Premises,permanently
store,any Hazardous Materials on the Premises. Lessee shall indemnify,defend,and hold
Lessor and its officers,directors,shareholders,agents,and representatives harmless from all
claims,actions,damages,and liability arising out of or from Lcsscc's violation of any
Environmental Laws or relating to the presence of Ilazardous Materials on the Premises caused
by Lessee or Lessee's use of the Premises. This indemnification obligation shall survive the
termination of the Lease
18.2 As used in this lease,the term"Hazardous Materials"means(a)any
"hazardous waste"and/or"hazardous substance"defined pursuant to any Environmental Laws,
(b)asbestos or any substance containing asbestos,(c)polychlorinated biphenyls;(d)lead;(e)
radon,(f)pesticides,(g)petroleum or any other substance containing hydrocarbons;(h)any
substance which,when on the Premises,is prohibited by any Environmental Laws;and(i)any
other substance,material,or waste which,(i)by any Environmental Law requires special
handling or notification of any governmental authority in its collection,storage,treatment,or
Page 4-MONTH TO MONTH LEASE
EXHIBIT B, Page 4 of 7
50014-708451687324_11P/11/14/1015
disposal,or(ii)is defied or classified as hazardous,dangerous,or toxic pursuant to any legal
requirements. As used in this Lease,the term"Environmental Laws"means any and all federal,
state,and local laws,statutes,codes,ordinances, regulations,rules,or other requirements,
relating to human health or safety or to the environment,including,but not limited to,those
applicable to the storage,treatment,disposal,handling,and release of any Hazardous Materials,
all as may be amended.
19. Delivering Up Premises on Termination. At the expiration or earlier
termination of the lease,Lessee will peaceably deliver up the Premises to Lessor,free of any
items not abandoned by Lessee and free of all Hazardous Materials,
20. Default. Lessee shall be in default under this Lease if Lessee is in arrears in the
payment of the rent for a period of five days after written notice of nonpayment,or if Lessee fails
to do,keep,perform or observe any of the covenants and agreements contained herein and such
default shall continue for 20 days or more after written notice of such failure is given to Lessee
(provided,that Lessee shall not be in default if such failure reasonably requires more than 20
days to cure and lessee commences such cure within such 20-day period),or if Lessee is
declared bankrupt or insolvent according to law,or if any assignment of Lessee's property is
made for the benefit of creditors.
21. Remedies on Default. In the event of a default,the Lease may be terminated at
the option of Lessor without recourse by Lessee.Lessor may reenter,take possession of the
Premises,and remove any persons or property by legal action or by self-help with the use of
reasonable force and without liability for damages and without having accepted a surrender.
Following reentry or abandonment,Lessor may relet the Premises and make any suitable
alterations or may refurbish the Premises or change the character or use of the Premises. The
foregoing remedies shall be in addition to and shall not exclude any other remedy available to
Lessor under applicable law.
22. Disputes. Any controversy which shall arise between Lessor and Lessee
regarding the rights,duties or liabilities of either party under the Lease where the amount in
dispute is less than$25,000 shall be settled by binding arbitration in accordance with the
procedures of the Arbitration Service of Portland. The decision of the arbitrator shall be binding
on the parties. If the total amount in dispute is greater than$25,000,the dispute shall be resolved
in the courts of the State of Oregon.
23. Attorney Fees and Court Costs. In case arbitration or in the event any action is
instituted to enforce compliance with any of the terms of this[.ease,or to collect the rent which
may become due hereunder,the prevailing party shall be entitled to such sums as the arbitrator or
court may adjudge reasonable as attorney's fees in such arbitration or action. The losing party
agrees to pay such further sum as the arbitrator or court shall adjudge reasonable as the
prevailing party's costs and expenses.
24. Corporate Authority. 'rhe individuals executing this lease on behalf of Lessor
and lessee each represents and warrants that he is duly authorized to execute and deliver this
Lease on behalf of Lessee or Lessor,and in accordance with the laws of the state of Oregon and
that this Lease is binding upon Lessee and Lessor in accordance with its terms.
Page 5 -MONTH TO MONTH LEASE
EXHIBIT B, Page S of 7
50014-708451687324 11PI1211412015
24. Waiver. Any waiver by either party of any breach of any covenant herein
contained to be performed by the other party shall not be deemed as a continuing waiver,and
shall not operate to bar or prevent either party from declaring a forfeiture for any succeeding
breach,either of the same condition or covenant or otherwise.
26. Notices. Any notice required by the terms of this Lease to be given by one party
hereto to the other or desired so to be given,shall be sufficient if in writing and personally
delivered or mailed by certified or registered mail with postage prepaid,addressed to the party at
the address set forth on the first page of this Lease. Any such notice shall be deemed
conclusively to have been delivered to the addressee thereof on delivery,if personally delivered,
or 48 hours after the deposit thereof in Oregon in the United States mail.
27. Heirs and Assigns. All rights,remedies and liabilities herein shall inure to the
benefit of and bind the heirs,executors,administrators,successors and,so far as this Lease is
assignable by the terms hereof,to the assigns of such parties.
28. Estoppel Certificate. Lessor and Lessee agree promptly to execute and deliver
to the other party a statement in writing certifying that this Lease is unmodified and in full force
and effect(or if there have been modifications,that the same is in full force and effect as
modified and stating the modifications),whether any party is in default or breach of this Lease
or,with the giving of notice of lapse of time,or both,would be in default or breach of this Lease,
and the date to which the basic rent and other charges have been paid in advance,if any.
29. Entire Agreement This Lease contains the entire agreement between the parties
regarding the subject matter hereof and cannot be amended except by a written instrument
subsequently executed by the parties hereto.
30. Quiet Enjoyment. Lessor will defend Lessee's right to quiet enjoyment of the
Premises from the lawful claims of all persons during the Lease Term.
WITNESS WI-IEREOF,the respective parties have executed this instrument then`�
day of .7vn ,2015.
LESSOR LESSEE
City of Tigard, Jessica Rutherford
an Oregon municipal corporation DBA Double J Cache Nail Boutique
�nn I'
BC- '1�—__ By:&syt u•
Page 6—MONTH TO MONTH LEASE
EXHIBIT B, Page 6 of 7
50014-708451687314_1�P/12/14/2015
Exhibit A
Authorization Agreement for Direct Payments
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS(ACH DEBITS)
I hereby authorizer^,, Ahcreinafter cal led COMPANY,to initiate debit entries to my
Checking Account in ted flow at the depository financial institution named below,hereafter
called DEPOSITORY,and to debit the same to such account. I acknowledge that the origination
of ACH transactions to my account must comply with the provisions of U.S.law.
Depository Name: (,( S &ko j-
Branch: S La 206J-
City: 10KkVLk0C0J
Slate: Q cett..-,
Zip:
Amount of each Monthly ACH Debit: S
Date of ACH Debit:First of each month beginning 10-01-2011
This authorization is to remain in full force and effect until COMPANY has received written
notification from me of its termination in such time and in such manner as to afford COMPANY
and DEPOSITORY a reasonable opportunity to act on it.
Name:
FED ID Number.
Date:
By:
Name:
Title:
PACE I—Ex"IBITA soora7�oucm.«nrrda dim. �rdq +uJrb+eyfn,wiszois
EXHIBIT B, Page 7 of 7
5001 4-70845 1 687324_l I G/12/14/2015
Norma Alley
From: Sean Farrelly
Sent: Monday, December 14, 2015 8:58 AM
To: Norma Alley
Subject: FW: Tigard/Saxony Closing docs (for your review)
Attachments: ASSIGNMENT OF LEASE - Hillers.pdf; Assignment of Lease - Domestic Line, Inc..pdf;
Promissory Note.pdf; Statutory Warranty Deed.pdf; 12_9_15 OR Preliminary Title Report-
N.PDF; FIRPTAaff.PDF
Hi Norma-
Here are the docs for the CCDA closing on Saxony. Should I print them out?
See you at 1:30.
Sean
From: Dan Olsen [mailto:dan.olsen@jordanramis.com]
Sent: Thursday, December 10, 2015 11:42 AM
To: Sean Farrelly; Toby La France
Subject: FW:Tigard/Saxony Closing docs (for your review)
Here are the final documents. In addition to Angela's comments below, please note that we are assuming that the
CCDA/City will handle the various cost's internally, rather than cutting checks at closing. Same for taxes if you decide to
apportion them. Let us know if you have any concerns.
From: Angela Johnson
Sent: Thursday, December 10, 2015 10:49 AM
To: Dan Olsen
Subject: Tigard/Saxony Closing docs (for your review) [IWOV-Worksite.FID1549759]
Dan will you review my draft email to Sean and Toby?
Sean and Toby,
Attached are the closing documents for the Tigard/CCDA transaction. Please review them, and let us know if you have
any comments. We've sent the deed to the title company to review the legal description and exceptions, as part of the
title insurance process.
The CCDA will need to pay the City$1.00 and will be responsible for payment of the recording of the deed. Given that
you can record electronically, we'll let you handle the actual deed recording, unless you want us to do it. The City will be
responsible for the payment of the title insurance policy. The City may also need to file a 1099 form with the IRS, but we
figure that Toby probably knows more about that than we do. We can look into it further if you need us to do that.
Thanks,
Angela
ANGELA JOHNSON, JD Paralegal
Jordan Ramis PC Attorneys at Law
Direct: 503-598-5555 Main: 503-598-7070
City of Tigard
rNlflRFICORDS
TIGARD New Records Transmittal
Department: Community Development Division Code: 3700 Date: October 1, 2015
Prepared by: Sean Farrelly Extension: 2420 Dept. Box No.
Description Dates Retention Code
Two leases for Saxony property 10/1/15
* * * TO BE COMPLETED BY RECORDS DIVISION STAFF
LaserficheI'es ❑ No Vault 9Yes ❑ No Entered by: ,��' Date: 0 ek� S-
I/Design and Communications/Records/New Records Transmittal—1/6/11
Norma Alley J/11i
From: Sean Farrelly
Sent: Monday, July 13, 2015 5:56 PM 1 ,�
To: Norma Alley
Subject: RE: Records
We'll be sending the property file over in the next few weeks. 1 U
Sean Farrelly �-
Redevelopment Project Manager
City of Tigard/City Center Development Agency
13125 SW Hall Blvd
Tigard, OR, 97223
503-718-2420
From: Norma Alley
Sent: Monday, July 13, 2015 5:52 PM (1/f 100 l
To: Sean Farrelly
Subject: RE: Records
Hi Sean,
I'm not sure what to do with this letter. It's something that should go in the property file and I don't see that was
forwarded to Records yet. Do you have that or do you know if the person who does will be sending the property file this
way?
Norma,41ky, 30C
Deputy City�,ecorcfer
City of Tigard
(503)718-2410
From: Sean Farrelly
Sent: Thursday, July 09, 2015 5:20 PM
To: Norma Alley _
Subject: Records
Hi Norma-
Please send this DEQ"No Further Action Letter" on 12800 and 12770 Ash Ave(public works yard)to Records.
Thanks,
Sean
Sean Farrelly
Redevelopment Project Manager
City of Tigard/City Center Development Agency
13125 SW Hall Blvd
Tigard, OR, 97223
503-718-2420
1