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William B. Kenny ~ LE166001 ~ Lasich Property L ` / $ IO01 Third Amendment to Contract of Sale and Escrow Instructions This Third Amendment to Contract of Sale and Escrow Instructions is entered into by and between William B. Kenny, an individual (Seller) and the City of Tigard, an Oregon municipal corporation(Purchaser). Recitals A. The parties executed a Contract of Sale and Escrow Instructions (Contract) dated August 12, 2015, subsequently Closed the Purchase, and subject to the terms and conditions, therein, and subsequently entered into First and Second Amendments making certain changes relating to payment of property taxes authorizing the prior advance payment to Seller from escrow. B. Seller continues to remove Retained Property and take other steps as required in the Contract. Seller has requested that Purchaser release additional funds beyond those released pursuant to the Second Amendment to help pay the cost of Seller's performance and for other purposes. Purchaser is willing to agree provided sufficient funds remain to satisfy the obligations of the parties, including payoff of the Northwest Farm Credit Services obligation without prepayment penalty and under the terms provided for in this Amendment. Agreement Now, therefore, in consideration of the mutual covenants herein and in the Contract, the parties agree to amend the Contract as follows, new language is underlined, deleted language is shown in strike-out: Section 1. Section 4.5 Collection and Payment is amended as follows: 4.5 Collection and Payment. After Closing all payments to Seller must be made to Collection and Payment Escrow. Except as provided in Section 4.7 and 4.8, below, the Collection and Payment Escrow shall accept the payments and apply or account for them as follows: a. First to any unpaid amount due to the Collection and Payment Escrow; b. Second,payment directly to the Northwest Farm Credit Services obligation as payments on such obligation become due. Escrow shall pay remaining balance of this obligation in full no earlier than May 1, 2018 and no later than May 15, 2018 so as to avoid any prepayment penalties; c. Third, to pay the personal property taxes on or before the due date. Collection Escrow shall provide proof of payment to Seller and Purchaser; d. Fourth, to any credits due to Purchaser under this Contract; e. Fifth, to any other liens or encumbrances placed on or suffered by Seller, including any lien for unpaid personal property taxes or for the cost of removing the Retained Property and the manufactured dwelling owned by Seller's foreman, unless such lien arises from the action or inaction of Purchaser; f. Sixth, pay to Seller's insurance provider the premiums for the commercial general liability insurance as provided in Section 4.1 of the Lease (Exhibit 'E') and any other insurance maintained by Seller associated with the Subject Property, Retained Property or Sellers business operations on the property(e.g. casualty, auto) within 30 days of Seller providing to Collection Escrow or receipt from the insurer of a statement of amount due and payable. Collection Escrow shall provide proof of payment to Purchaser. g. Seventh,pay the remaining balance to Seller on the Maturity Date. Collection and Payment Escrow shall not less than annually provide the Parties with a statement showing the receipts from Purchaser and disbursements by Collection and Payment Escrow. Section 2. Section 4.8, is added as follows: 4.7 One-time payment to Seller. Notwithstanding Section 4.5, within 10 days of receipt of written authorization from Purchaser, the Collection Escrow shall make a one-time payment of$60,000 to Seller from the proceeds being held by Collection Escrow. 4.8 Second extraordinary payment to Seller. Notwithstanding Section 4.5 and 4.7, within 10 days of receipt of written authorization from Purchaser, the Collection Escrow shall make a second extraordinary payment of$275,000 to Seller from the Proceeds being held by Collection Escrow. The remaining funds shall be disbursed as provided in Section 4.5 Section 5. Except as expressly amended herein and by the First and Second Amendments, the Contract as originally executed remains in full force and effect. This Third Amendment shall be effective as of the date last signed. Seller By: f� y � Name: (4 j (� may, /e_-N,A-"1 Its: .57 Date: o (t l r2 Purchaser By: ‘247413A1.--• Q r ` 3A1.Jr�4" L UIY►�.. Name: MO dti.u. , I Its: (�j Mavt(hty,✓ Date: 1. 121 ;2Zi 7 LEASE This Lease (Lease) is entered into by and between the City of Tigard, a municipal corporation (Lessor) and William B. Kenny (Lessee) (collectively the Parties) for the real property and certain improvements located at 16147 SW Roy Rogers Rd., and 17180 SW Lasich Lane in Sherwood, Oregon and legally described on Exhibit 'A' attached hereto (collectively, the Premises). RECITALS 1. The Parties have entered into a land sale contract (Contract) pursuant to which Lessor is purchasing the land and improvements (Lessor's Property), excepting those improvements and a manufactured home that remain in the ownership of Lessee as shown in Exhibit `B' (Lessee's Property. 2. Lessee desires to continue to occupy the Premises for its existing commercial nursery business and to continue to use that portion of the Premises devoted to residential use with two manufactured homes (the, Residential Land). 3. Contingent on the Closing of the Contract, Lessor consents to such continued occupancy subject to the terms and conditions of this Lease until the Maturity Date as that term is used in the Contract or such other time as this Lease is terminated as provided for herein. 4. The Parties acknowledge and agree that the Premises is not a manufactured home dwelling park or facility as defined by law. AGREEMENT Now, therefore, the parties agree as follows: Section 1. Lease Term and Rent 1.1 Starting on the date Lessor acquires title to Lessor's Property as provided in the Contract (the "Commencement Date"), Lessor's Property will be leased to Lessee for a term of three years (the "Term"), unless earlier terminated pursuant to the terms of this Lease. 1.2 Lessee shall pay to Lessor the sum of$1.00 per year, payable on the Commencement Date and each anniversary of the Commencement Date. 1.3. Lessor shall pay the ad valorem real property taxes on the land and all improvements, subject to the credit provided for in the Contract. Lessee shall pay all personal property taxes, excise or business taxes. Section 2. Maintenance and Improvements 2.1 Except for taxes as provided in Section 1.3, Lessee shall be responsible for all costs relating to the Premises, including improvements and manufactured homes and including but not limited to utilities, maintenance, garbage collection and disposal, recycling, cable television, direct Page 1 —Lease 50014-72582 1298998 1.DOCXIAMJ/9/10/2015 satellite or other video subscription services, Internet access or usage, and telephone, repairs, interior and exterior structural repairs and insurance. Lessee shall maintain Lessor's Property in at least as good as condition as it was on the Commencement Date, including but not limited to routine minor maintenance and repairs, mowing and debris removal. It is expressly agreed that this provision is entered into in good faith and not for purposes of evading Lessor's legal obligations. 2.2 Lessee shall be solely responsible for maintaining and repairing the Premises, including but not limited to all improvements and personal property, the manufactured homes, well and related pump and water lines, and the septic systems serving the property. Lessor shall have no responsibility whatsoever for maintenance, repair, condition, safety or legal compliance of the Premises. 2.3 Lessee shall not cause or suffer any contamination or waste of the Premises. 2.4 Lessor assumes no responsibility for, makes no representations regarding, and does not warrant the availability, quality or quantity of the water or any other utilities available to the Premises. Section 3. Liens and encumbrances. 3.1 Notwithstanding Lessee's ownership of certain improvements on the Premises, Lessee shall not permit or suffer any lien or other encumbrance to attach to all or any part the Premises, other than for ad valorem real property taxes, without the prior written consent of Lessor. If any such lien not authorized by Lessor is filed against the Premises, Lessee will immediately inform Lessor and cause the same to be discharged of record within sixty (60) days after the date of its filing by payment, deposit, or bond. Lessee shall provide Lessor with written evidence reasonably satisfactory to Lessor that all such liens have been discharged. 3.2 Nothing in this Lease may be deemed to be, or be construed in any way as constituting, the consent or request of Lessor, express or implied, by inference or otherwise, to any person, firm, or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, or repair of or to Lessor's Property including any, or as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against Lessor's interest in the Premises. Lessee is not intended to be an agent of Lessor for any purpose, including the construction, repair or maintenance of the Premises. 3.3 Lessee will pay and discharge, or cause to be paid and discharged when due all personal property taxes, excise taxes, business and occupation taxes that become due and payable during the term of this Lease. Within 30 days of the due date, Lessee shall provide Lessor with written evidence reasonably satisfactory to Lessor that all taxes and assessments that are the obligation of Lessee have been paid when due. Page 2 — Lease 50014-72582 1296996 1.00CXIAMJ/9/10/2015 Section 4. Insurance 4.1 During the term of this Lease, Lessee will maintain commercial general liability insurance with limits of not less than $ 1,000,000 per Occurrence and $2,000,000 in the General Aggregate. This commercial general liability insurance shall be endorsed to provide primary coverage and not require contribution by any insurance maintained by Lessor. The insurance required above must cover all risks arising directly or indirectly out of Lessee's activities on the Premises or the condition of any Improvements or Personal Property on the Premises. Such policy will be endorsed with Lessor as an additional insured, must be written in such form, with such terms and by such insurance companies reasonably acceptable to Lessor. Lessee will deliver to Lessor a copy of such policy and coverage endorsements of coverage from each insurer. Lessee shall not cancel or substantially modify any such insurance without providing a minimum of thirty (30) days' written notice to Lessor. As provided in the Section 4.5 of the Contract, payment shall be made by the Collection Escrow on Seller's behalf and proof of payment provided to Purchaser. Lessee shall promptly pay any premium not paid by Collection Escrow for any reason so as to ensure that there is no lapse in coverage. 4.2 Lessee shall maintain casualty insurance on Lessor's Property in the amounts and on such terms as shown in Exhibit 'C'. It is expressly agreed that Lessor has no obligation whatsoever to insure the Premises or any portion thereof. In the event of a casualty loss to all or some of Lessor's Property, Lessor shall be entitled to that portion of the proceeds from Lessee's casualty insurance sufficient to repair or replace the subject Lessor Property or the fair market value thereof, whichever is less. Lessor shall, however, not be obligated to repair or replace any structure or other improvement but shall take reasonable and appropriate steps to secure and render safe any damaged Lessor improvement. Lessee shall be under no obligation to insure Lessee's Property or to reconstruct, repair or rebuild any such improvement lost or damaged due to casualty, but shall be obligated to make any damaged Lessee's Property safe and secure and to remove all Lessee's Property as provided in Section 7. As provided in Section 4.5 of the Contract, payment shall be made by the Collection Escrow on Lessee's behalf, with proof of payment provided to Lessor. Section 5. Indemnification 5.1. The parties stipulate that as the most recent owner of the Premises, and the continuous occupant thereof, Lessee is more knowledgeable about the condition of the Premises, including all improvements and personal property, than is Lessor, including any latent defects or dangerous conditions. Lessee has exclusive possession and control over the Premises subject to the terms and conditions of this Lease. Accordingly, except as expressly provided in 5.2, Lessee shall save, hold harmless, reimburse, indemnify and defend Lessor, its officers, agents and employees from and against any and all claims, costs, expenses (including attorney fees), damages, fines or other liabilities arising out of or in any way connected to the from the condition of the land, the improvements or personal property or arising from or in any way connected to Lessee's activities on the land, including but not limited to the activities of its officers, employees, agents, contractors, customers and invitees. Page 3 — Lease 50014-72582 1296996_1 DOCMAMJ/9/10/2015 5.2. Notwithstanding the foregoing, and subject to the limits of the Oregon Tort Claims Act, Lessor shall hold harmless, reimburse indemnify and defend Lessee, its officers, agents and employees from and against any and all claims, costs, expenses (including attorney fees), damages, fines or other liabilities arising out of or in any way connected to Lessor's negligent actions, including modifications to the Premises. 5.3 The obligations of this Section 5 shall survive expiration or termination of this Lease. Section 6. Sub-tenancies Lessee may sublet or permit occupancy of any portion of the Premises for lawful use provided that the terms of any sublease, tenancy or occupancy shall be consistent with the terms of and not exceed the expiration of this Lease. Regardless of whether any formal lease has been entered into or any tenancy established, Lessee shall deliver Lessor's property to Lessor at the conclusion or termination of this Lease free and clear of any and all tenancies and occupants whether by right, sufferance or hold-over. Lessee shall save, hold harmless and defend Lessor, its officers, employees and agents against any and all claims or damages whatsoever arising from any person occupying the property under claim of right or authority from Lessee, regardless of the merits of such claim and including arising from an action by Lessor to remove any occupant. This obligation shall survive expiration or termination of this Lease. Section 7. Title to and Removal of Improvements and Personal Property 7.1 Title to all Lessee's Property and the personal property on the Premises is and will remain in Lessee. Lessee will be entitled, for all taxation purposes, to claim cost-recovery deductions and the like on Lessee's Property and personal property. 7.2 No later than the expiration of the term of this Lease, Lessee shall at its sole expense and risk remove all of Lessee's Property, the manufactured dwelling owned by Lessee's foreman and all personal property from the Premises, including all herbicides, pesticides, petroleum products or other hazardous materials and leave the Premises clean of debris. Lessee shall cut and cap the irrigation lines serving Lessee's Property. No later than 90 days prior to the termination date, Lessee shall provide to Lessor a plan demonstrating that such removal will be accomplished as provided for herein. The removal shall be done in compliance with all applicable laws, including but not limited to environmental rules and regulations related to asbestos, herbicides, pesticides or any hazardous substance. 7.3 Except as provided in Section 3.4, in addition to and not in lieu of any remedy provided for in the Contract, should Lessee fail to satisfy its obligation under Section 7.2, Lessor may complete the removal and shall have an action against Lessee for all costs thereof, including internal staff time and overhead. Page 4 — Lease 50014-72582 1296996 1 DOCXIAMJ/9/10/2015 7.4. Notwithstanding Section 7.3, as regards failure of Lessee to remove the manufactured dwelling owned by Lessee, Lessor's sole remedy shall be to deem the manufactured dwelling abandoned and cause it to be used, sold, demolished or otherwise disposed of at Lessor's sole expense. Section 8. Compliance with all laws 8.1 Lessee shall use the Premises only for a commercial nursery propagation business, together with residential use of the two manufactured homes, in the same manner and to an extent comparable with its existing operation. Except to the extent of winding down its operations, Lessee shall not substantially expand or modify its operations without the prior written consent of Lessor. 8.2 Lessee shall use the Premises for only a lawful purpose, shall employ best practices common to the industry and shall fully comply with all applicable laws, ordinances, rules and regulations. Section 9. Lessor's Access to the Premises Lessee will permit Lessor, or its representative to enter the Premises and the Improvements with advance notice and at reasonable times during usual business hours for purposes related to eventual occupancy of the Premises by Lessor and to inspect for compliance with this Lease and the Contract. Lessor shall not interfere with the operations of Lessee. Section 10. Condemnation. 10.1 If all the Premises and the Improvements are taken or condemned by right of eminent domain or by purchase in lieu of condemnation, or if in Lessee's sole judgment the taking or condemnation of any portion of the Premises or the Improvements substantially interferes with Lessee's ability to operate its business on the Premises, then Lessee may terminate this Lease on date on which the condemning authority takes possession. 10.2 The rights and interests of the parties to proceeds of any settlement or award will be determined as provided in the Contract. Section 11. Default and Remedies 11.1 Time is of the essence of this Lease. 11.2 Events of default by Lessee: (1) Failure to pay the taxes, other than the ad valorem real property taxes when due. (2) Failure to remove Lessee's Property, and the manufactured dwelling owned by Lessee's foreman at its sole expense as provided for in the Contract and this Lease. Page 5 — Lease 50014-72582 1296996_1.DOCXIAMJ/9/10/2015 (3) Causing or suffering any lien or assessment to be placed on the property unless first approved by Purchaser. (4) Failure to maintain required insurance. (5) Lessee becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, is adjudged bankrupt or a receiver is appointed for Lessee's properties; the filing of any involuntary petition of bankruptcy and Lessee's failure to secure a dismissal of the petition within seventy-five (75) days after filing; or the attachment of or the levying of execution on the leasehold interest and Lessee's failure to secure discharge of the attachment or release of the levy of execution within thirty (30) days. (6) Failure to perform any other obligations contained in this Lease. 11.3 In the event of a default, Lessor shall first provide Lessee with written notice and 30 days opportunity to cure the default or take reasonably satisfactory steps toward cure. Upon Lessee's failure to cure, Lessor may take any one or more of the following steps: (1) At any time and without further notice reenter the Premises either by summary eviction proceedings or by any suitable action or proceeding at law, or otherwise, and may repossess the same, and may remove any person from the Premises, to the end that Lessor may exclusively have, hold, and enjoy or relet the Premises. (2) Regardless of whether Lessor retakes possession of or relets the Premises, Lessor has the right to recover its damages, including without limitation all legal expenses, all costs incurred by Lessor in restoring the Premises or otherwise preparing the Premises for reletting or reuse, including securing or removing Lessee's Property, the foreman's manufactured dwelling and any personal property. (3) Specifically enforce the terms of this Lease. (4) Terminate this Lease. 11.4 Events of default by Lessor: Lessor shall be in default if, after 30 days written notice from Lessee and opportunity to cure, Lessor fails to perform its obligations under this Lease, including payment of the ad valorem real property taxes when due. Upon Lessor's failure to cure, Lessee may take one or more of the following steps: (1) Terminate this lease, but nothing herein shall excuse Lessee from its obligation to remove Lessee's Property, personal property and the foreman's manufactured dwelling as provided in Section 7 or its obligations under the Contract. Page 6 — Lease 50014-72582 1296996_1 DOCXIAMJ/9/10/2015 (2) Specifically enforce the terms of this Lease. Section 12. Termination and Surrender 12.1 This Lease shall terminate on the earlier of: a. Three years from the Commencement Date. b. Termination of the Contract. It is acknowledged that this Lease is contingent on the Contract being in full force and effect. c. Termination for breach as provided for in Section 11. d. Mutual agreement of the parties. 12.2 On termination or expiration of this Lease, Lessee shall vacate, surrender and deliver the Premises, free and clear of all sublets, tenancies, occupancies or encumbrances except those approved by or the responsibility of Lessor and in full compliance with Section 7. Section 13. Estoppel Certificate Within fifteen (15) days after a request made by the other party, the party to whom the request was made will, without charge, give a certification in writing to any person, firm, or corporation reasonably specified by the requesting party stating (a) that this Lease is then in full force and effect and unmodified, or if modified, stating the modifications; (b) that Lessee is not in default in the payment of Rent to Lessor, or if in default, stating the default; (c)that as far as the maker of the certificate knows, neither party is in default in performing or observing any other covenant or condition to be performed or observed under this Lease, or if either party is in default, stating the default; (d) that as far as the maker(if Lessor) of the certificate knows, no event has occurred that authorized, or with the lapse of time will authorize, Lessee to terminate this Lease, or if such an event has occurred, stating the event; (e)that as far as the maker of the certificate knows, neither party has any offsets, counterclaims, or defenses, or, if so, stating them; (f) the dates to which Rent has been paid; and (g) any other matters that may be reasonably requested by the requesting party. Section 14. Waiver The failure of either party at any time to require performance of any provision of this Lease will not limit the party's right to enforce the provision, nor will any waiver of any breach of any provision constitute a waiver of any succeeding breach of that provision or a waiver of that provision itself. Section 15. Merger This document and the Contract are the entire, final, and complete agreements of the parties pertaining to the Premises, and supersede and replace all prior or existing written and oral agreements between the parties or their representatives relating to the Premises. Page 7 —Lease 50014-72582 1296996_1 DOCXIAMJ/9/10/2015 Section 16. Notice Any notice under this Lease must be in writing and will be effective when actually delivered in person or deposited in the U.S. mail, registered or certified, postage prepaid and addressed to the party at the address stated in this Contract or such other address as either party may designate by written notice to the other: For Lessee: William B. Kenny 17180 SW Lasich Lane Sherwood OR 97140 For Lessor: City Manager City of Tigard 13125 SW Hall Blvd. Tigard,OR 97223 With a Copy to: Jordan Ramis, PC Two Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Section 17. Governing Law and Venue. This Lease will be governed by, and construed in accordance with, the laws of the state of Oregon. Venue for any action arising out of this Contract shall be the Circuit Court for Washington County or the US District Court for the State of Oregon. Section 18. Attorney Fees and Costs. If any arbitration, mediation, or other proceeding is brought in lieu of litigation, or if suit or action is instituted to enforce or interpret any of the terms of this Lease, or if suit or action is instituted in a bankruptcy court for a United States District Court to enforce or interpret any of the terms of this Lease, to seek relief from an automatic stay, to obtain adequate protection, or to otherwise assert a party's interest in a bankruptcy proceeding, including any appeal, the party not prevailing must pay the prevailing party's attorney fees, costs and disbursements, including but not limited to consultants, expert witnesses, title related and any other sums that the court or arbitrator may determine to be reasonable. Section 19. Interpretation As used in this Lease, the singular includes the plural, and the plural the singular. The masculine and neuter each include the masculine, feminine, and neuter, as the context requires. All captions used in this Lease are intended solely for convenience of reference and in no way limit any of the provisions of this Lease. This Lease shall be construed to operate consistently, and not in conflict, with the Contract. Each party has been represented by counsel or been advised to retain counsel, accordingly this Lease shall not be construed against in favor or against any Party, including the Party drafting the provision(s) at issue. Page 8 — Lease 50014-72582 1296996_1 DOCXIAMJ/9/10/2015 Section 20. Assignment and Beneficiaries This Lease may not be assigned or transferred except with the written authorization of the other party, which shall not be unreasonably refused except that nothing shall prohibit assignment or transfer to either or both of Lessor's daughters in the event of Lessee's incapacity or death. This Lease is for the sole benefit of the parties and there are no third party beneficiaries. It is binding on the heirs, successors and assigns of the parties. Section 21. Condition of Property Except as provided otherwise in this Lease, Lessee accepts the Lessor's Property in its present condition, AS IS, WHERE IS, including latent defects, without any representations or warranties from Lessor or any agent or representative of Lessor, expressed or implied, except as otherwise specifically set forth in this Lease. Lessee agrees that Lessee has ascertained, from sources other than Lessor or its agents or representatives, the condition of Lessor's Property, its suitability for Lessee's purposes, and the applicable zoning, building, housing, and other regulatory ordinances and laws affecting the Lessor's Property. Lessee accepts the Premises with full awareness of these ordinances and laws as they may affect the present use or any intended future use. Except as may otherwise be specifically stated in this Lease, Lessor has made no representations with respect to such condition or suitability of the Premises or such laws or ordinances. Section 28. Memorandum of Lease On the Commencement Date, the parties will cause a memorandum of this Lease to be recorded in the real property records of Washington County, Oregon in a form reasonably acceptable to both parties. IN WITNESS WHEREOF, the parties have caused this Lease to be executed in duplicate as of the day and year first above written. Lessor Lessee By: t'irt By: Name: Mdr4-ka Its: otj j1QQ [Acknowledgments Continue on Next Page] Page 9—Lease 50014-72582 1296996_1 DOCXIAMJ/9/10/2015 STATE OF OREGON ) ) ss. County of . ) This instrument' Jwas acknowledged before me on .,S /kb/ 1Q , 2015, by AAA L G� as A7,€ ( 1K of City of Tigard. OFFICIAL SEAL NOTARY PUBLIC FOR 6p, IREGON NORMA I ALLEY NOTAAV PuauNo.c.ORE�sz9sGON My Commission Expires: #.02..4t 23, /!o,;� colrMlsslON MY COMMISSION EXPIRES MARCH 23,2016 STATE OF OREGON ) 1 L�'I� ss. County of U 1�tl a►itt l ) This instrument was acknowledged before me on 5 ,/li►�V�I� , 201 , sy William B. Kenny. 41,4/A •,�''�'�'BL' ,r':•'W SN OFPICi STAMP My Commission Expire:., AZ `%, NOTARY R6N M.MOODY PUBLIC• ON COMMISSION NO.030813 MY COMMISSION EXPIFIEb MARCH 28,2019 Page 10 — Lease 50014-72582 1296996_1 DOCXIAMJ/9/10/2015 Preliminary-Report Order No.:7072-2406992 Page 9 of 10 Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: A portion of that tract of land in Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, described in patent to Linus A. Ross, et ux, recorded July 26, 1890 in Book 28, Page 371, Washington County, Oregon, Deed Records, more particularly described as follows: Beginning at the Southeast corner of that tract of land conveyed to John Lasich, et ux, by Deed recorded October 22, 1931 in Book 148, Page 116, said Deed Records; thence West along the South line of said Lasich Tract, a distance of 1070 feet; thence North parallel with the East line of said Lasich Tract a distance of 560 feet, more or less, to a point which is 420 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence West parallel with the North line of said Lasich Tract, a distance of 650 feet; thence North parallel with the East line of said Lasich Tract, a distance of 370 feet to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto; thence East parallel with the North line of said Lasich Tract, a distance of 1720 feet to the East line of said Lasich Tract; thence South along the East line of said Lasich Tract, a distance of 930 feet, more or less, to the point of beginning. EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Commencing at the true point of beginning, located as follows from a stone on the centerline of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18; thence West 1070.00 feet along the North line of the Henry Hicklin Donation Land Claim No. 42; thence North 00° 19'28" East, 546.52 feet; thence West 650.00 feet to the true point of beginning, being the most Westerly Southwest corner of that tract described in Deed Book 754, Page 282, Washington County, Deed Records; thence North 00° 19'28" East, 356.97 feet; thence North 88° 50'25" East, 91.65 feet; thence South 00° 19'28" West, 358.82 feet; thence West 91.62 feet to the true point of beginning. PARCEL II: The following described tract of land being situated in the Northeast one-quarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 at the Southwest corner as described in Deed Book 754, Page 282, West 1070.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S. W. Beef Bend Road; thence West 60.00 feet; thence North 0°19'28" East, 546.52 feet; thence East 60.00 feet; thence South 00° 19'28" West, 546.52 feet to the point of beginning. PARCEL III: The following described tract of land being situated in the Northwest one-quarter and the Northeast onequarter of Section 18, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon: First American Title Exhibit A, Page 1 of 2 50014-725821296996_1.DOCXIAMJ/9/10/2015 Preliminary Report Order No.:7072-2406992 Page 10 of 10 Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No. 42 West 1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence continuing West 291.09 feet to the top of the bank of the Tualatin River; thence along the top of the bank North 20°46'32" West, 35.75 feet; thence North 36° 59'20" West, 21.37 feet; thence North 21° 27'20"West, 12.19 feet;thence leaving said top of bank, North 84°59'44" East, 322.83 feet; thence South 00° 19'28" West, 90.00 feet to the point of beginning. NOTE: This legal description was created prior to January 01, 2008. First American Title Exhibit A, Page 2 of 2 50014-72582 1296996_1 DOCMAMJ/9/10/2015 Exhibit B r * ! Kenny Property is .` .._ " +.syKrTv .' LZ ,.. � a !/ .w..� !Viii r'.a. . LL: rr r-...., . 1...A... ! • 1. Y 1 7 .«. m ° i` `dap r5 ) "1 L immilimamm -- ..-•!... ....=-',"---1---- _ _"___ C z -, i • rit [10 •i fig _ Iti H M• ...., ....1 n•lei 11 { i �_ ,�: {j}+L' **morrow•O)71 AMm-0-4.14,t0 • .• Iiiiiiiiiiii, . 111 ,,. . ii Cry d Board . ti. _ 011110 312! 1 : 15w1*1 6.1 ►." Ty wa,u, ....v.a-ao. • Exhibit B 50014-725821296996_1.DOCX\AMJ/9/10/2015 1 AGRIPLUS INSURANCE Exhbit C POLICY DECLARATIONS COUNTRY Mutual Insurance Company* P.O.Box 14151,Salem,Oregon 97309-5069 POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT A36L4035761 12 MONTHS ANNUAL 36001 WPORT/13959 To report a claim any time day or night,call 1-866-COUNTRY(1-866-268-6879). ACCOUNT NUMBER 7277638-001-00001 INSURED Policy period beginning Jul 30,2015 KENNY WILLIAM B 12:01 a.m.standard time at your address. 16147 SW ROY ROGERS RD SHERWOOD OR 97140-9292 Declarations reason LIABILITY CHANGE LIABILITY COVERAGE CHANGE NAME AND/OR ADDRESS CHANGE LIENHOLDER CHANGE Effective Jul 30,2015 12:01 a.m.standard time at your address. Your policy consists of the policy booklet,applications, declarations pages and any endorsements. Please keep them together. You have only the coverages and amounts of insurance as stated in this declarations,subject to all provisions of your policy. TOTAL PREMIUM $1,599.50 PREMIUM CHANGE -$7.65 DO NOT PAY THIS AMOUNT, ANY BALANCE DUE WILL BE LISTED ON A SEPARATE INVOICE. PLEASE CONTACT YOUR FINANCIAL REPRESENTATIVE FOR ANY CHANGES. FARM TYPE-NURSERIES LOCATION OF PROPERTY COVERED LCTN STREET ADDRESS/LOT&BLOCK/PHYSICAL DESCRIPTION/QTR,SECTION,TOWNSHIP,RANGE,COUNTY AND STATE 001 31 ACRES SEC 18 TWP 2S RANGE 1W WASH COUNTY STATE OR $1,000/250 DEDUCTIBLE EACH OCCURRENCE APPLICABLE TO SECTIONS 2,3,4J,5,6,7 AND 8 CC,DD,EE,HH,II DESCRIPTION OF PROPERTY COVERED LOSS LIMIT OF ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM (Refer to policy booklet) 001-01 LIABILITY 1 A 1,000,000 184.59 MEDICAL PAYMENTS 1 B EACH PERSON 5,000 INCL EACH OCCURRENCE 25,000 INCL 002-02 001 PERSONAL INJURY ENDORSEMENT 1 A,B 16.92 005-02 ADDITIONAL INSURED 1 A,B 12.75 106-12 001 DWELLING-BILL(A) 2 C 1 1 184,400 419.64 22 001 PERSONAL PROPERTY(A) 2 D 2-19 3 138,462 INCL PERSONAL PROPERTY REPLACEMENT COST 8 DD INCL 30 001 ADDITIONAL LIVING EXPENSE 2 E 1 36,880 INCL INFLATION 8 CC INCL ENDORSEMENTS EARTHQUAKE 131.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE DISCOUNTS SAFE HEAT INCL FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116. 21303(01-10/03) INSURED'S COPY Page 1 • AGRIPLUS INSURANCE POLICY DECLARATIONS COUNTRY Mutual Insurance Company* P.O.Box 14151,Salem,Oregon 97309-5069 POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT A36L4035761 12 MONTHS ANNUAL 36001 WPORT/13959 DESCRIPTION OF PROPERTY COVERED LOSS LIMIT OF ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM (Refer to policy booklet) 300-50 FARM PERSONAL PROPERTY 7 W 2-21,26&27 3 100,000 278.80 ENDORSEMENTS FARM PERSONAL PROPERTY LIMITATION 400-70 001 OLD HORSE BARN/MCHINE SHED (A) 6 V 2-19 3 19,200 36.55 ENDORSEMENTS EARTHQUAKE 9.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 401-70 001 STORAGE BARN/GP SHED (A) 6 V 2-19 3 33,024 62.90 ENDORSEMENTS EARTHQUAKE 16.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 402-70 001 SHOP (A) 6 V 2-19 3 20,000 38.25 ENDORSEMENTS EARTHQUAKE 9.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 403-70 001 OFFICE (A) 6 V 2-19 1 128,100 243.10 INFLATION 8 CC INCL ENDORSEMENTS EARTHQUAKE 60.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 410-70 001 PUMPHOUSE (A) 6 V 2-19 1 8,600 17.00 INFLATION 8 CC INCL ENDORSEMENTS EARTHQUAKE 4.00 INCLUDES EXTERIOR MASONRY 20%DEDUCTIBLE 895-95 IDENTITY THEFT 5 A 25,000 25.00 ENDORSEMENTS END.239 IDENTITY THEFT EXPENSE/ADVOCACY 999-80 PACKAGE OF SPECIAL COVERAGES 5 K INCL FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116. 21303(01-10/03) INSURED'S COPY Page 2 • AGRIPLUS INSURANCE POLICY DECLARATIONS COUNTRY Mutual Insurance Company® P.O.Box 14151,Salem,Oregon 97309-5069 POLICY NUMBER POLICY TERM PAYMENT PLAN INS.OFFICE/AGENT A36L4035761 12 MONTHS ANNUAL 36001 WPORT/13959 DESCRIPTION OF PROPERTY COVERED LOSS LIMIT OF ITEM LCTN DESCRIPTION OF COVERAGE SEC/COV PERIL STLMT LIABILITY PREMIUM (Refer to policy booklet) AGRIPLUS POLICY 35.00 POLICY TYPE 29 POLICY DISCOUNTS MULTI-POLICY DISCOUNT INCL POLICY ENDORSEMENTS SPLIT DEDUCTIBLE OREGON AMENDATORY END.167 BIO/CHEMICAL TERRORISM EXCLUSION The 2016 annual meeting for COUNTRY Mutual Insurance Company is April 20 at 1:00 pm, 1701 Towanda Ave., Bloomington, Illinois. ADDITIONAL INTEREST CONDITIONS NAME AND ADDRESS NAME AND ADDRESS ADDITIONAL INSURED UNITED SALAD CO MORTGAGEE FARM SERVICE AGENCY 8448 NE 33RD DR SUITE 100 ITS SUCCESSORS AND/OR ASSIGNS PORTLAND OR 97221 1080 SW BASELINE RD STE B3 HILLSBORO OR 97123-3823 LOAN NUMBER LOAN NUMBER 4302 LIMITED TO LIMITED TO MORTGAGEE NW FARM CREDIT SERVICES FLCA ADDITIONAL INSURED CITY OF TIGARD ITS SUCCESSORS AND/OR ASSIGNS ITS OFFICERS/EMPLOYEES/AGENTS PO BOX 13309 REPRESENTATIVES SALEM OR 97309 13125 SW HALL BLVD TIGARD OR 97223 LOAN NUMBER 34903-442 LOAN NUMBER LIMITED TO ALL BLDGS LOC 1 LIMITED TO ADDITIONAL INSURED OREGON AZALEAS INC 16147 SW ROY ROGERS RD SHERWOOD OR 97140 LOAN NUMBER LIMITED TO L L 9/10/2015 AUTNORIIED REPRESENTATIVE DATE COUNTERSIGN FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE BRIAN RUST AT(503)640-6116. 21303(01-10/03) INSURED'S COPY Page 3 Assignment of Lease THIS Assignment and Assumption of Lease("Agreement") is made as of this 10th day of September, 2015, between William B. Kenny ("Assignor")and the City of Tigard, an Oregon municipal corporation ("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 documents attached and incorporated as Exhibit B (collectively, the"Lease"). Assignor holds all right, title and interest in and to the lessor's interest under the Lease. C. Pursuant to that certain Contract of Sale and Escrow Instructions dated August 12, 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 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, Page 1 —Assignment of Lease 50014-72582 1296987 1 DOCXIAMJ/9/10/2015 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 officers thereunto duly authorized, in multiple originals, all as of the day and year first above written. ASSIGNOR ASSIGNEE William B. Kenny City of Tigard,an Oregon municipal corporation Byi/t� By-1140.4.11"d—Z&st Name: Marna. L. I,UillG Its: MILM 5e40 Page 2 — Assignment of Lease 50014-72582 1296987 1 DOCX1AMJi9/10/2015 EXHIBIT A Premises Preliminary Report Order No.:7072-2406992 Page 9 of 10 Exhibit"A" Real property in the County of Washington,State of Oregon,described as follows: PARCEL I: A portion of that tract of land in Section 18,Township 2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon,described in patent to Linus A. Ross,et ux, recorded July 26, 1890 in Book 28,Page 371,Washington County,Oregon, Deed Records,more particularly described as follows: Beginning at the Southeast corner of that tract of land conveyed to John Lasich,et ux, by Deed recorded October 22, 1931 in Book 148,Page 116,said Deed Records;thence West along the South line of said Lasich Tract,a distance of 1070 feet;thence North parallel with the East line of said Lasich Tract a distance of 560 feet,more or less,to a point which is 420 feet South of the North line of said Lasich Tract when measured perpendicular thereto;thence West parallel with the North line of said Lasich Tract,a distance of 650 feet;thence North parallel with the East line of said Lasich Tract,a distance of 370 feet to a point which is 50 feet South of the North line of said Lasich Tract when measured perpendicular thereto;thence East parallel with the North line of said Lasich Tract,a distance of 1720 feet to the East line of said Lasich Tract;thence South along the East line of said Lasich Tract,a distance of 930 feet, more or less,to the point of beginning. EXCEPT the following described tract of land being situated in the Northwest one-quarter of Section 18, Township 2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon: Commencing at the true point of beginning,located as follows from a stone on the centerline of S.W. Beef Bend Road being the 1/16 corner at the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18;thence West 1070.00 feet along the North line of the Henry Hicklin Donation Land Claim No.42;thence North 00° 19'28"East, 546.52 feet;thence West 650.00 feet to the true point of beginning,being the most Westerly Southwest corner of that tract described in Deed Book 754,Page 282,Washington County, Deed Records;thence North 00° 19'28"East,356.97 feet; thence North 88°50'25"East,91.65 feet;thence South 00° 19'28"West,358.82 feet;thence West 91.62 feet to the true point of beginning. PARCEL II: The following described tract of land being situated in the Northeast one-quarter of Section 18,Township 2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon: Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No.42 at the Southwest corner as described in Deed Book 754,Page 282,West 1070.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W.Beef Bend Road;thence West 60.00 feet;thence North 0°19'28" East,546.52 feet;thence East 60.00 feet;thence South 00°19'28"West,546.52 feet to the point of beginning. PARCEL III: The following described tract of land being situated in the Northwest one-quarter and the Northeast onequarter of Section 18,Township 2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon: ArstAmerican Title Exhibit A, Page 1 of 2 50014-725821296987 1.DOCXIAMJ/9/10/2015 Preliminary Report Order No.:7072-2406992 Page 10 of 10 Beginning at a point on the North line of the Henry Hicklin Donation Land Claim No.42 West 1130.00 feet from a stone marking the 1/16 corner being the Southwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 18 on the centerline of S.W. Beef Bend Road; thence continuing West 291.09 feet to the top of the bank of the Tualatin River;thence along the top of the bank North 20°46'32"West,35.75 feet;thence North 36°59'20"West, 21.37 feet;thence North 21° 27'20"West, 12.19 feet;thence leaving said top of bank,North 84°59'44" East, 322.83 feet; thence South 00° 19'28"West, 90.00 feet to the point of beginning. NOTE:This legal description was created prior to January 01, 2008. First America',T?k Exhibit B, Page 1 of 4 50014-72582 1296987_1 DOCMAMJ/9/10/2015 EXHIBIT B The Lease Department of Bariroorneatal Qusllty 11.1i(-. 'yam .. regon trbors1o.71xebtc� �' ; 3150NW229� :tilt i10 �'�.`; Minor*,OP.]7124 / nc.em e.wQ .Cay..�r vctctdc;7Y(SC�7643 37oa �Jr t . Pae (WI 6 5.4199 F rev rev March 26,2009 t.-A William Kenny 17130 SW Laa`.ch Lane m Sherwood,Or 97140 til Dear 1v4r.Kean): The Oregon Department of Euviroancnte.1 QunFty(D"Q)Air Quality Mon_ firing section appreciates you coopeettimr ate consent:n tllowing the placement of sn as,bieni air quality o ¢teniteriug station on your popery loratt.at 17180 SW.Lzieb Lane. The site will beamre at mcg important a-trtition to the a dstia;network of approxiroat1y 45 air mei:Lir:cling sees that DEQ mairtai s erste wide. Specifically.the site will provide iirtcrtaet sumosrime ozone(smog) data and meteoro:ogical dao(wind apse,wind direction and temperature as tizy relate to pollutant transport). Your:nyolvemeat is providtn2 a greet public service by helping to make this information Feasible. The site will be located along the sou±ecd of toe western most barn on your property. The site wit const ofa 7'x 7'x 8'tall,prefabricated instrument shelter- Ad;aceat to tke shelter will be s 1.0 meter tat,lightweight alumirn.m tower diet supports the meeteorolagict1 sensors. The:ower is of a tapered triangular configurarion 14"o:less to aside. The tower is de;lgned tn ha anchored aground level and axuured to be sheher by means of a special mocnting kit to provide the proper support. Power will be supplied to the site via an undergtowd circuit branched off of the barn's electrical grid. DEQ will obtun any eleouical nuc building permits required by Washington Colin). DEQ willhire a licensed elect-lea! srnuactrr:o haul the electrical blanch and meter for out;monitoring station. to addit_oaDEQ will setup the electrical service with the local power provider in an account billed to and in the name of the DEQ. All cost of site iristalktiOn and o?aatioo will he the responsibility of DEQ. Similarly.phone amine vrll be installed and billed dscctly to the DEQ. m Once opetutioael,a DEQ to brie iaa will make l or 2 visits to the site each week to pet form w ro nein service drought=the summer mouths. A typical service visi'lasts between 30 and 90 cri mantes. The ozone=mitering season begins the first of May and terminates at the end of d September. At this time,the enc eoruloeial equipment will be removed from serviou or.the tower end all monitoring equiptmeat shut down for the wiater. The soetter and toner Wil remainVD =site in prcparaion for the folloRing year's ozone monitoring so=on The 013QQ agrees to pay'William Kenny the sum of seven hundreda..d fifty dollars pa year in rental reimbursement annually beginning with the period July J.003 through Jt..ly 2009. This m agreement sba:.l commence oo July 1.2009. The terror of the lease are occated open ended. Exhibit B, Page 1 of 3 50014-72582 1296987.1 DDCXIAMJ/9/10/2015 r- terminated by either part'through wr ttril trotie:sr)clays prix to trrainalion date. In the:yen: of early lease:enriration William Kenny agrees In reimbu sac Da)airy ids credited in PJ advance and not applied towards lease DEQ agrees t rtxara site to origin xrttditian and tc the r� satzafaction of owner. v' I have enclosed a Federal It nest Err Tvcpaycz IdeutL-icatinr.Number and Catificct'_on(W-9) co form which must be :,a-npleted and returned before payment can be processed. Please nomplete the W-9 form and return it to roc in the stamped,self addressed civclnpc provides. Also nJ ea:.Iose3 please food a signed copy of DEQ's Site n g-remeet pro.L:Ebili y Mose Pomo to rot-6 along with this later for yi.r ixL-(1Cs. "be Liat.il-t5 release Stec:s you kring our activities on your property. Thank you again for your cnopc:ation vvith thie-.ratter. Please conta.^t Ctiripopher McGarry, Mark F"ensef,Cr myself a:503-69;-57CO,or toll-free in Oregon at I-3C0-452-4011 wiL any question's or wa=rts. Sincgely'f / 1 y reffi ey lvl.Smith-Air Quality Monib r ng Manager Laboratory sac Environmental Assessment Diviyao Oren Department of Envircnmermd Quality .50 NW 2'25111 Ave,S•lit.e 150 Hillsboro,OR 9';124-6535 (`03)693-5719 �t�lihleff(a;dW,s 'a us cc:Mark Hansen,<im Phan-Business Office U, w rr LJ I w' v • N +� Exhibit B, Page 2 of 3 50014-72582 1296987.1 DOCXIAMJ/9/10/2015 State of Oregon Department of Environmental Quality Air Quality Monitoring Site Agreement r Wiliam Kenny(Owren,owns or NIS ex:luslve rights to the property bcateo a' 17180 SW.Lesion Lare.Sherwood, Chegon('Property). Owner grans ti perm ssion;o the State of Oregon Cepertment of Ervtrcnmental Quality CEO)to instal,=intern and remove air samplrg equ'prnarc on the Property DEC agrees to release Ownar,his or her°Flows.agents arc!employees from all '77,1" liability for damages tc.DEQ equipment installed.an the Property. The State of Oregon sgrees to he responsib,e for any damage or third party liability whic'i may arise from the installation,maintenance, existence or removal of the air samtl no egtiprnent subject tW Che limitations arC coidtors of tie 0•e;on Tort maims Act(ORS 302)—30.300)and the Oregon Constitution 'Article X,Section 71,to the extent of l atifity arsin3 out of the neg igance cf the State The State shal not be requi•ed to indemnify or defe o tOwre for r any iib lily arising out of the wroncful acts of empoyees agentso' 41'illlam Kerny 17180 SW Lasich Lana Sherwood.OR G7140 / 4241y OF Wul arc Kenny. OkarV 'Jets Qt Oregon Deppr•.ment of Environmental Quality(DEQ) 6i rj o. -••• trr/� i i�� �/ v Greg Pill.,DE• oratXy AIM ' ratcr m CS) w Exhibit B, Page 3 of 3 50014-72582 1296987_1.DOCXIAMJ/9/10/2015