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MMD2018-00025
MMD2O18 - 00025 BANK OF AMERICA NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2018-00025 C BANK OF AMERICA T I G.A.RD 120 DAYS = October 3, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Bank of America CASE NO.: Minor Modification (MMD) MMD2018-00025 PROPOSAL: The applicant proposes to modify an existing on-site pedestrian walkway, and an existing Americans with Disabilities Act(ADA) accessible parking area at 10101 SW Washington Square Road. This proposal will not result in a change to the total on- site parking count.Additionally,no changes to the existing building footprint or on- site landscaping are proposed. APPLICANT: JLL Attn: Bryan Moorman 800 Fifth Avenue Seattle,WA 98104 OWNER: PPR Square Too,LLC The Macerich Company Attn: Maria Halstead 9302 SW Washington Square Road Tigard, OR 97223 LOCATION: 10101 SW Washington Square Road;WCTM 1S135BA,Tax Lot 1802 ZONING DESIGNATION: MUC: Mixed-Use Commercial Zone. The MUC zone includes land around the Washington Square Mall and land immediately west of Highway 217.Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. In addition to the standards of this chapter,development within this zone is subject to the standards of Chapter 18.670. APPLICABLE REVIEW CRITERIA: Community Development Code (CDC)Chapters 18.310, 18.670, 18.780.050.C,and 18.920. MMD2018-00025 Bank of America 1 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 10101 SW Washington Square Road; on the south side of SW Washington Square Road, east of Highway 217, and west of SW Greenburg Road. The subject property contains an existing 7,331-square-foot commercial building that is occupied by a personal services use (Bank of America),with associated parking and landscaping.The property is located in the Mixed-Use Commercial (MUC) Zone and the Washington Square Regional Center Plan District. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.780 Site Development Review: 18.780.050 Minor Modifications C. Approval criteria. The approval authority shall approve or approve with conditions an application for a minor modification when all of the following are met: 1. The proposed development is in compliance with all applicable requirements of this title;and The project is located at 10101 SW Washington Square Road. The applicant proposes to update an existing on-site pedestrian walkway by removing and replacing areas of concrete. Staff reviewed the applicant's plans to determine that this proposal meets the Washington Square Regional Center Plan District site design standard for walkway connections, as outlined in CDC 18.670.070.E. Additionally, this proposal complies with all applicable standards for walkway location, design, and pedestrian safety, as outlined in CDC 18.920.030.F. The applicant also proposes to modify an existing ADA accessible parking area by removing and replacing areas of asphalt,as well as repainting and restriping.This proposal will not result in a change to the total on-site parking count. Staff reviewed the applicant's site plan to confirm these modifications comply with all applicable parking lot surfacing and striping standards in CDC 18.310.040. Additionally, the Building Official will review this proposal for compliance with all applicable ADA standards at the time of building permit submittal. Furthermore, the applicant is not proposing any changes to the existing building footprint, building location, on-site parking location, or on-site landscaping. Therefore, the Washington Square Regional Center Plan District site design standards for building placement, setbacks, parking location, and landscaping design do not apply to this proposal. Upon review of the applicant's plans and narrative, staff finds that all other requirements of this title are satisfied. This criterion is met. MMD2018-00025 Bank of America 2 2. The modification is not a major modification. The applicant is not proposing any of the changes outlined in CDC 18.780.040.B. Therefore, this proposal is not a major modification. This criterion is met. CONCLUSION: The proposal is a minor modification to an existing development and is in compliance with the applicable requirements of this title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: A minor modification is a Type I procedure. As such, this decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON JUNE 11, 2018 AND BECOMES EFFECTIVE ON JUNE 12, 2018. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. �— ✓f June 11, 2018 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee MMD2018-00025 Bank of America 3 M�1 l J H EULu\JED • City of Tigard AN' 0 5 2018 u COMMUNITY DEVELOPMENT DEPARTMENT �':.r: . y z 1111 Minor Modification Type I Apphcation PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL ELEMENTS Modify existing walkways to provide accessible route from liOwner's Signature/Written Public right of way to building entry including accessbile ?Authorization parking . title Transfer Instrument or Deed IlleSite Plan(2 large plans drawn to scale ;and one reduced to 8.5"xl P/2") Applicant's Statement/Narrative Property address/location(s): 10101 SW Washington Square (2copies)Address criteria in: RoadTigard, OR 97223 .1)C 18.780.040.B Tax map and tax lot #(s): M U C (MIXED USE IseFiling Fee V5U3 COMMERCIAL Site size: 14,000 SF 11111103111MMEN111111 Case No. MA �j +.�� Applicant': JLL- Principle for Bank of America Related CaseN�{s) Address: 800 5th Ave Application Fee: City/state: Seattle,WA Zip: 98104 pplication accepted (206)-348-7201 Email: bryan.moorman@am.jll.com am.jll.com Phone: BV: Date Appl.zcauondetermined com plete PROPERTY OWNER/DEED HOLDERS) D Same as Applicant deteDate < Name: Washington Square 11CommunrtyDevelopmentllan0UseAppllcations102 Formsand Address: 9585 SW Washington Sq Rd Templates\Land JseApplications Rev.12/14/2017 City/state: Portland OR Zip: 97233 '` When the owner and the applicant are Contact name: Maria Halstead, Senior Manager,Property Management different people,the applicant must be the purchaser of record or a lessee inpossession Phone number: 503-639-8865 with written authorization from the owner or an agent of the owner.The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. APPLICANT'S STATEMENT The applicant's statement must include a summary of the proposed changes. Criteria in either 18.780.040(B) or 18.740.020(B) (2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. Other requirements of this title such as clear vision, solid waste storage,non-conforming situations, signs,and tree removal may also be applicable depending on the type and location of the proposed modifications. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the,application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such • statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property required. Digitally signed by Bryan Moorman, Bryan Moorman,MBA MBA Bryan Moorman,Project Manager 5/16/2018 Date:2018.05.1612:43:39-07'00' b Applicant's signature Print name Date /MOU/ K.—/AZILk*C-0,•-r ,137 ) Owner's signature Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip: City/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 Bank of America Leslie O'Brien Assistant Vice President Bank of America 3075 5.Alma School Road(AZ3-162-01-01) Chandler,AZ 85248 480.664.2551 office 804.264.2672 fax leslie.obrien@bankofamerica.com NOTICE OF EXERCISE OF OPTION TO EXTEND LEASE TERM October 28, 2015 PPR Square Too LLC Washington Square Management Office PO Box 849472 9585 SW Washington Square Rd Los Angeles, CA 90084-9472 Portland, OR 97223 VIA CERTIFIED MAIL,RRR—tracking # VIA CERTIFIED MAIL,RRR—tracking# 70150640000127920079 70150640000127920055 PPR Square Too LLC PPR Square Too LLC PO Box 23632 c/o The Macerich Company Tigard, OR 97281-3635 401 Wilshire Boulevard, Suite 700 VIA CERTIFIED MAIL,RRR—tracking # Santa Monica, California 90401 70150640000127920062 Attention: General Counsel VIA CERTIFIED MAIL,RRR—tracking # 70150640000127920048 Re: Branch Lease Extension Washington Square(MH ID OR1-140; CS #27639) 10101 SW Washington Sq. Rd,Tigard OR ("Leased Premises") We refer to that certain Lease Agreement dated February 17, 1976, as amended (collectively, the "Lease"), between Bank of America, National Association, also referred to as Bank of America, N.A., ("BofA") as Tenant, and PPR Square Too LLC, as Landlord, for the above-described Leased Premises. All capitalized terms used and not otherwise defined in this letter shall have the meanings given them in the Lease. Under the Lease, BofA has options to extend the Lease term, upon all of the terms, covenants and conditions of the Lease. BofA hereby exercises its next option to extend the term of the Lease for the First Extended Term in accordance with the Lease. The term of the Lease is therefore extended for the period of June 1, 2016 through May 31. 2026. Although your acknowledgement of our option exercise is not necessary for our exercise to be effective, we would appreciate your courtesy in signing in the space provided below and returning the enclosed copy of this letter to acknowledge receipt of it. Very truly yours, RECEIPT ACKNOWLEDGED Bank of America, National Association Landlord: 13v: 13.: Leslie O'Brien, Assistant Vice President Its: Date: 10/Al t'Sr— Date: • f. 'Lr/ • TABLE OF CONTENTS OF LEASE Article • Page 1 Grant and Term 1 2 Rent 4 3 Taxes and Assessments 6 4 Indemnity and Insurance 9 5 Tenant's Covenants -'1 6 Construction -- Availability of Utilities 12 7 Delivery of Leased Premises 14 8 Use of Premises and Conduct of Tenant's Business 14 9 Laws 14 10 Maintenance of Premises 16 11 Alterations by Tenant 17 12 Damage of Destruction 17 13 Condemnation 19 14 Additional Improvements 22 15 Mechanics' Liens 22 16 Access to Premises 24 17 Assignment, Subletting and Concessionairs 24 18 Landlord's Financing 24 19 Default of Tenant L6 20 Quiet Enjoyment 29 21 Successors 29 22 Landlord's Liability 29 23 Miscellaneous 30 24 Definitions 33 25 Notices 35 • COPY • GP.OUND LFAS THIS INDENTURE CF GROUND LEASE (hereinafter for con- venience called "lease") , made on the . 17 day of February 1976 , by and between FRINGE LAND ORE. LTD. , an Oregon Limited Part- nership, by Winmar Pacific, Inc. , General Partner, (herein called "Landlo.d") and EQUITABLE SAVINGS AND LOAN ASSOCIATION, a corporation, (herein called "Tenant") . WITNESSETH: ARTICLE 1 • GRANT AND TERM Section 1. 01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of Tenant to be paid, kept and performed, Landlord demises and leases to Tenant, and Tenant rents from Landlord those certain premises as more particu- larly described on Exhibit A attached hereto and made a part hereof, which premises are in this Lease referred to as- the "Leased Pre- mises." Section 1.02 Use of Additional Areas and Parking Ratios A. Landlord is a signator to that certain "Construction, Operation and .Reciprocal Easement Agreement" filed as Document 6199 commencing at. Book 865, Page 12, Official Records of Washington County, Oregon. To the extent permitted by the said Agreement, Landlord hereby grants to Tenant and its employees, agents, con- tractors, customers, visitors, invitees, licensees and subtenants the non-exclusive right to use, in common with others, only for the purpose of the passage of vehicles and the passage of pedes- trians over and across the surface thereof, those roadways and walkways within the Shopping Center Site (as defined in the said Agreement) which abut the boundaries of the Leased Premises. B. Tenant hereby grants to Landlord and its employees, agents, contr,ctors, customers, visitors, invitees, licensees, r1V (12)5 �L�.,,jj1 Q \"/ � t subtenants and assigr .he non-exclusive right ase, in common with others, only for the purposes of the passage of vehicles and the passage of pedestrians over and across the surface thereof, those roadway; and walk:.ays within the Leased Premises which abut the boundaries of the Shopping Center Site or which abut any or other adjacent property in which Landlord has an interest. C. Except during such time as prevented from doing so by applicable governmental authority for reasons or conditions beyond the control of Tenant, Tenant shall provide and maintain on the Leased Premises adequate land to support a parking index of at least 5.0 vehicular parking spaces for each 1,000 square feet of Floor Area on the Leased Premises: "Floor Area" means the aggregate of: (i) the actual number of square feet of floor space in Tenant's building, including basement space and sub- aggregate of: (i) the actual number of square feet of floor space in Tenant's building, including basement space and sub- terranean areas, and balcony and mezzanine' space within the exterior facade or line of the exterior walls (including basement walls) except party and interior common walls as to which the center thereon instead • of the exterior faces thereof, shall be used, of all floors, plus (ii) the actual number of square feet of any outdoor area appropriated for use to display and/or sell merchandise; provided, however, that the term "Floor Area" shall not include the following: • (1) The upper levels of any multi-deck stock area; (2) Areas used exclusively to house mechanical, electrical, telephone, air conditioning and operating equipment, and any baling or compacting room or area; or (3) Auto teller banking areas. No deduction shall be made from Floor Area computed under the foregoing definition by reason of columns, stairs, escalators, elevators, dumb- waiters or conveyors within the building. Section 1.03 Commencement and Ending Date of Term The initial term of this Lease shall commence on June 1, 1976, shall be for 40 years, and shall terminate on May 31, 2016. For and in consideration of the sum of $600.00 paid to Landlord by Tenant concurrently upon execution of this Lease, Tenant shall have the right to enter into possession of the Leased -2- COPY r �'{� .5 I!;'G Premises prior to commencement of the term as set forth above and during such period all terms and provisions of this Lease shall apply to Tenant's occupancy except Section 2.01 and 2.02. Section 1.04 Options to Extend Provided that Tenant is not in default hereunder at the time of the exercise of an option to extend or at the commencement of an extended term, Tenant shall have the option to extend the term of this Lease beyond the initial term for an additional ten (10)V/ years ("First Extended Term") , and provided that said option is exercised, Tenant shall have the option to extend the term of this Lease for an additional ten (10) years thereafter ("Second Extended Term") . Said options shall be exercised, if at all, only by written notice to Landlord not later than a date six (6) months prior to the expiration date of the initial term hereof or of the First Extended Term, as appropriate. The same terms and conditions of this Lease applicable to the initial term, including the cost of living adjustments set forth in Section 2.02, shall be applicable to the extensions of the Lease term provided for in this Section. Section 1.05 Holding Over Any holding over with the consent of Landlord after • the expiraticn of the term hereof, or after the expiration of any extension of said term, or after any earlier termination thereof, without any new lease of the Leased Premises being entered into between the parties hereto, shall.be construed to be a tenancy from month to month only, at the rent and additional rents herein speci- fied (pro rated on a monthly basis) and upon the terms (other than length of demised term) herein specified., -3- (i.li ., is iL COPY Section 1.06 Tenant's Termination Options. Tenant may, by written notice to Landlord, terminate this Lease if: A. The Oregon Savings and Loan Supervisor or the Federal Home Loan Bank Board does not approve the Leased Premises as a site for the establishment of a permanent branch by Tenant (Tenant agrees to apply immediately for and seek such approval with all reasonable speed and the utmost diligence) ; B. The Tenant's Board of Directors fails to approve this Lease within 60 days following the date of this Lease, and when Tenant gives notice of termination under this Section 1.068, said Board approval shall be conclusively. presumed not to have been given; or C. In the event zoning requirements or regulations of any governmental body having jurisdiction prevent construction of the proposed improvements in a manner reasonably acceptable to Tenant, Tenant may terminate this Lease upon six months written notice given within the first 18 months of the Lease Term. ARTICLE 2 - RENT Section 2.01 Fixed Minimum Rent A. Subject to the provisions of Section 2.02, • Tenant agrees to pay to Landlord at the office of Landlord, or at such other place as designated by Landlord, without any prior demand therefor and without any deduction or setoff whatsoever and as fixed rent, the sum of $18,173 per year, payable at the rate of $1,514.42. in advance upon the first day of each calendar month during the term hereof. B. If the term shall commence or end upon a day other than the first day of a calendar month, then Tenant shall pay upon the commencement date or termination date of the term a pro rata portion of the fixed monthly rent described hereinabove, pro rated on the basis of a 30-day month to establish a per dim► rent with respect to the fractional calendar month. Section 2.02 Adjustments to Fixed Rent The fixed rent hereunder shall be adjusted by reference to the Consumer Price Index for all items for U.S. City Average (Series A) as established by the Bureau of Labor Statistics FEB F ic76 03.7PNY —1— of thc, i'nitc,d States Department of Labor based on the year 1967 equn ling 100 (hereinafter called the "Price Index") as follows: Subject to the foregoing paragraph, the rent during each year of each five-year period of the Lease Term after the first five-year period shall be whichever is the higher of: (i) The fixed rent per year as set forth in Section 2.01; or (ii) The fixed rent multiplied by the Price Index for the third calendar month immediately preceding the month of commencement of the five-year period subject of adjustment, and divided by the Price Index for March, 1976; or (iii) The adjusted rent per year payable for the preceding five-year period multiplied by the Price Index for the third calendar month immediately preceding the month of commencement of the five-year period subject of adjustment and divided by the Price Index for the third calendar month immediately preceding the month of commencement of the immediately preceding five-year period of the Lease Term. Notwithstanding the provisions of subsections (ii) and (iii) of the foregoing paragraph, the rent as adjusted pursuant to this Section 2.02 shall not, for any five-year period after the first five-year period of the term, exceed 125% of the rent paid in the immediately prior five-year period of the term. In the event that at any time during the initial term of this Lease the Price Index shall be based upon a base year or years other than the present base year of 1967, an appropriate conver- sion or adjustment shall be made in the Price Index used for purposes hereof so as to reflect said change of the base year or years. It is the intention of this paragraph to determine by the use of Price Index statistics the amount of upward adjustment in rent to reflect the decrease in the purchasing power of the dollar resulting from inflation. Accordingly, in the event the Price Index statistics are for any reason not available, the -5- FEE 5 ,�'b adjustment in rent shall be computed by reference to whatever statistics are at the time available most nearly resembling the statistics reflected by the Price Index, and failing agreement between the parties as to the proper substitute statistics to be used in determining such adjusted rent, the substitute statistics to be used shall be determined by arbitration as provided herein; provided, however, that in no event shall the fixed rent be less than the fixed rent as set forth in Section 2.01. In the event the adjusted rent for any annual period has not been determined at the beginning of such annual period, Tenant shall continue to pay the same amount of rent as was payable immediately before the beginning of such annual period and the correct rent when deter- mined shall apply retroactively from the beginning of such annual period, and the payment of any deficiency, or the refund or any excess, as the case may be, shall promptly be made by one party to the other. • Section 2.03 Additional Rent Tenant shall pay as additional rent all sums of money or charges required to be paid by Tenant under this Lease, whether or not the same be designated as "additional rent." if such amounts or charges are not paid at the time provided in this Lease, they shall nevertheless, if not paid when due, be collectible as additional rent with the next installment of rent thereafter falling due hereunder, but nothing herein contained shall be deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable hereunder or limit any other remedy of Landlord. • ARTICLE 3 TAXES AND ASSESSMENTS • Section 3.01 Leased Premises A. Tenant covenants and agrees to pay, as additional rent, before any interest or additional charge may be added thereto, for the non--payment thereof, all real estate taxes, special assess- ments, water and sewer charges, and other governmental charges, general and special, ordinary and extraordinary, of any kind and nature whatsoever, relating to any part of the Leased Premises 07707V Flu -6- and improvements which have been or shall become payable with respect to any portion of the term of this Lease (all of which taxes, assessments and charges are hereinafter referred to as "imposition") ; provided, however, that if by law any imposition is or may be payable in installments, Tenant may pay the same _ (with any accrued interest on the unpaid balance of such imposition) in installments as the same become due and before any interest or additional charge may be added thereto for the non-payment of any such installment; and provided further that any imposition payable with respect to a fiscal tax period during which the term of this Lease commences or expires or terminates (otherwise than because of the fault of Tenant) shall be adjusted between Landlord and Tenant as of February 1, 1976, or the expiration or the termin- ation of the term of this Lease, so that Tenant shall pay only an amount which bears the same relation to the total imposition as the part of such fiscal tax period included within the term of this Lease bears to the entire fiscal tax period. With respect to any imposition which by law is or may be payable in install- ments, Tenant shall pay only those. installments which become due during the term of this Lease. B. Nothing in this Lease contained shall require Tenant to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of Landlord; or any income, excess profits or revenue tax or any other tax, assessment, charge or levy upon the fixed rent except to the extent hereinafter provided; pro- vided, however, that if at any time during the term of this Lease a tax or excise on rents or other tax however described which is in lieu of impositions as herein defined (other than a tax on all or substantially all of Landlord's income from all sources) is levied or assessed against Landlord or the rents, Tenant covenants to pay and discharge such tax or excise on rents or other to:: before any interest or additional charge may be added thereto for the non-payment thereof, and such tax or excise shall be deemed an imposition. C. If the land and/or building covered by this Lease shall be assessed for the purpose of taxation and assessments ft.b ;, si.6 -7- 0P in the name of Tenant, Tenant covenants to furnish to Landlord, as promptly as is practicable after the dates of payment, the original or duplicate receipts or photostatic copies thereof showing the payment of taxes or assessments. D. In the event the Leased Premises may not be assessed in the name of Tenant, then Tenant covenants to pay to Landlord within 30 days after Landlord's request therefor, the taxes and assessments applicable to the Leased Premises based upon a prorate furnished by the County Assessor, or upon an equit- able and reasonable proration between the Leased Premises and the other buildings and improvements with which they may be jointly assessed; provided, however, that upon Tenant's request and at its cost, Landlord shall cooperate in obtaining a separate assess- ment ssessment of the Leased Premises. E. Tenant shall have the right, provided it does so with due diligence and dispatch, to contest byappropriate legal pro- ceedings, without cost or expense to Landlord, the amount or val- idity of any imposition (including valuation for assessment purposes) but Tenant shall not be relieved of its obligation to pay such imposition as required by this Article unless-the pro- . ceedings shall operate to prevent the collection of such imposition and the sale of the Leased Premises, or any part thereof, to satisfy the same and unless Tenant shall have deposited with or at the direction of Landlord as security an amount sufficient in the judgment of the Landlord reasonably exercised to pay such imposition and all interest and penalties in connection therewith and all charges that might become a charge on the Leased Premises, or any part thereof, in such proceedings. Upon the termination of such proceedings, or at any time when Landlord shall reasonably deem the moneys so deposited to be insufficient security, Tenant shall, upon demand, so deposit such additional money as in the judgment of Landlord reasonably exercised shall be sufficient; and upon failure of Tenant so to do, the moneys deposited shall be applied to the payment of such imposition, the interest and penalties in connection therewith, and any such charges accruing in such proceedings, and thc: balance, if any, shall be paid to Tenant if F([, 11.16 a755) II n— is not in default under this Lease. In the event that such moneys shall be insufficient for such payment, Tenant shall forthwith pay over to or at the direction of Landlord an amount of money suffi- cient, together with the moneys so deposited, to pay the same. Tenant shall be entitled to any refund of any such imposition and penalties or interest thereon which have been paid by Tenant, or paid by Landlord and for which Landlord has been fully reimbursed with interest. Any proceeding referred to in this Section or in Section 9.02 may be brought by Tenant in the name of Tenant or Landlord but Landlord shall not be subjected to any liability for the payment of any costs or expenses in connection with any preceeding brought by Tenant and Tenant covenants to indemnify and save harm- less Landlord from any such costs or' expenses. Landlord agrees to execute any documents. reasonably requested by Tenant to carry out the intent of this paragraph. • Section 3.02 Tenant's Interest or Property Tenant shall be responsible for and shall pay be.ore delinquency all municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind owned by or placed, in, upon or about the Leased Premises by Tenant. ARTICLE 4 INDEMNITY AND INSURANCE Section 4.01 Indemnification of Landlord Tenant agrees to indemnify and save harmless Landlord against and from any and all claims by or on behalf of any persons, firms or corporations, arising from the occupancy, use, conduct or management of, or from any work or thing whatsoever done by Tenant, its agents, contractors, employees or invitees in or about the Leased Premises during the term of this Lease and will further indemnify and save Landlord harmless against and from any and all claims arising during the term of this Lease from any con- dition of the Leased Premises or any street, curb, sidewalk, passageway or spaces therein or appurtenant thereto which form a part of the Leased Premises, or arising from any breach or default on th,.1 part of Tenant in the performance of any covenant or agreement Fip 5 m/G -9- CR on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act or negligence of Tenant or any of its agents, contractors, servants, employees or licensees, or arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring during the term of this Lease, on the Leased Premises, and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought against Landlord by reason of any such claim, Tenant upon notice from Landlord covenants to resist or defend such action or proceeding. Nothing herein contained shall be deemed to require Tenant to indemnify Landlord for its negligence or that of Landlord's agents or employees. Section 4.02. Liability Insurance . . Tenant, at Tenant's sole cost and expense, shall maintain for the mutual benefit of Landlord and-Tenant general public lia- bility insurance against claims for personal injury, death or property damage occurring upon, in or about the Leased Premises or any part thereof, such insurance to afford protection to the limits of not less than $500,000 per single occurrence for bodily injury and $250,000 per single occurrence for property damage and 'specifically insuring the indemnify provided for in Section 4.01 above and naming Landlord as an additional insured. Said policy shall provide that no act or default of any person other than Landlord or its agent or those claiming under it shall render the policy void as to Land- lord or affect Landlord's right to recover, and that the policy shall not be cancelled or reduced in scope of coverage or amount of coverage until 10 days after written notice to Landlord. • Section 4.03 Certificates of Insurance Certificates of the insurance required by Section 4.02 shall be furnished to Landlord. Not less than 10 days prior to the expiration of each policy, a renewal policy or, certificate or in:ur•- ance evidencing such renewal shall be delivered to Landlord. Section 4.04 Loss or Damage to Tenant's Property Landlord shall not be liable for any damage to property of Tenant or of others located on the Leased Premises, nor for - 30- 1916 COPY the loss or damage Li any property of Tenant _ ethers by theft or otherwise. Nothing herein contained shall be deemed a waiver or release of Landlord from liability for its own negligence or that of its agents or employees. Section 4.05 Waiver of Subrogation All insurance policies carried by either party covering the Leased Premises, including without limitation, contents, fire and casualty insurance, shall expressly waive any right on the part of the insurer against the other party. The parties hereto agree that their policies will include such waiver clause or endorsement so long as the same will be obtainable without extra cost, or if extra cost shall be charged therefor, so long as the other:party pays such extra cost. If extra cost shall be chargeable therefor, • each party shall advise the other thereof and of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. With respect to claims that either Landlord or Tenant may have against the other for fire or casualty damage to the Leased Premises and/or property on the Leased Premises, the Shopping Center Site and/or other property in the Shopping Center Site (including business interruption caused thereby) which claims are covered by insurance payable to and protecting the claiming party, claiming party hereby agrees to exhaust all claims under such insurance before asserting any claims against the other party. The foregoing shall apply to claims for damage whether such damage is caused, wholly or partially, by the negligence or other fault of the other party or its agents, employees, subtenants, licensees, or assignees. ARTICLE 5 TENANT'S COVENANTS Section 5.01 Landlord's Right to Perform Tenant covenants and agrees that if Tenant shall at any time fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, and after 30 days written notice, but without -11 - f •11 -F L0 5 1976 l p yy/ waiving or releasing Tenant from any obligation of Tenant under this Lease, make such payment or perform such other act to the extent Landlord may deem desirable, and in connection therewith to pay expenses and employ counsel. All sums so paid by Landlord and all expenses in connection therewith, together with interest thereon at the rate of ten ,percent (!D%) from the date of such payment, shall be deemed additional rent hereunder and be payable to Landlord upon demand and at the time of any installment of fixed rent there- after becoming due, and Landlord shall have the same rights and remedies for the non- payment thereof as in the case of default in the payment of the fixed rent. • ARTICLE 6 CONSTRUCTION -- AVAILABILITY OF UTILITIES Section 6.01 Tenant's Construction. ' Tenant shall construct upon the Leased Premises, generally in accordance with the Site Plan as attached as Exhibit B, a building having a Floor Area of not in excess of 7,500 square feet and landscape the Leased Premises in accordance with exterior building plans and specifications (showing the nature, kind, shape, - • height, materials and location of the building to be constructed) and in accordance with landscaping plans and specifications approved in writing by Landlord and Tenant shall bear the entire cost of such construction and of the preparation of such plans and specifi- cations. Said building and landscaping plans and specifications shall be submitted to and approved by Landlord in. relation to and in consonance and harmony with the.over all design and appearance of the nearby Washington Square Shopping Center. Landlord shall review such plans and specifications within sixty (60) days of submission of same to it, and shall not unreasonably withhold its consent, and in the event Landlord fails to approve or disapprove such plans and specifications within such 60 days, such plans and specifications shall be deemed approved. The scope of such construction shall include soil tests, grading and excavation and the facilities leading to and connecting with serving utilities. All construction and landscaping shall be in strict conformity to the plans and specifications approved by Landlord. CO[RY -i rtt7 1 +r17r Section 6.02 Installation of Signs Tenant shall submit to Landlord drawings of any proposed .signs except those attached to Tenant's building and except for other signs meeting the criteria of Exhibit C, the Pylon Sign Specifications) indicating the size, type, coloring and location thereof, and shall not install any such signs until approved in writing by Landlord. Landlord shall review such drawings within sixty (60) days of submission of same to it, shall not unreasonably withhold its consent, and in the event Landlord fails to approve or disapprove such drawings within such 60 days, such drawings shall be deemed approved. Those signs attached to the building shall be at the discretion of Tenant in all regards and shall not require approval of any nature by Land- lord; provided that signs attached to the building shall not extend above the roof line. All work of installation Of signs and the costs of said signs shall be paid for by Tenant. All signs shall be in compliance with all applicable statutes, ordinances, rules end regulations of governmental authorities having jurisdiction. Section 6.03 Availability of Utilities Tenant shall make its own arrangements for and shall bear all costs in connection with the furnishing of utilities to the Leased Premises. In the event, however, that Tenant is unable to connect into electrical, water or sanitary sewer lines along Washington Square Road. Landlord shall bring such lines to the edge of the Leased Premises and shall grant. to Tenant any easements necessary for-access to such utilities. All facilities of Landlord used in connection with furnishing utilities to Tenant shall be maintained by Landlord in first class condition. Landlord, how- ever, shall not be liable to Tenant for loss or damage on account of any interruption of utility service controlled by Landlord unless Landlord fails to make a proper and reasonable effort to correct or prevent the interruption after notice from Tenant that the interruption exists or a condition exists, which in the absence of repair may cause interruption. tLU 1'116 -13- ARTICLE 7 DELIVERY OF LEASED PREMISES Section 7.01 • Landlord shall deliver the Leased Premises to Tenant concurrently upon execution of this Lease. ARTICLE 8 USE OF PREMISES AND CONDUCT OF TENANT'S BUSINESS Section 8.01 Use of Premises Tenant shall use the Leased Premises primarily for the purpose of conducting there the business of a savings and loan association with related functions, including, but not limited to, the use of the Leased Premises by any parent, subsidiary, affiliate or successor corporation of Tenant in the normal scope of their oper- ations. Section 8.02 Utility Charges. Tenant shall be solely responsible for and promptly pay all charges for heat, water, gas, electricity, sewer or any other utility used or consumed in the Leased Premises from and after • the date of delivery of the Leased Premises to Tenant. Section 8.03 Waste or Nuisance. Tenant shall not commit or suffer to be committed any waste or damage upon the Leased Premises or any nuisance or other adt or thing which may disturb the quiet enjoyment of any other tenant. ARTICLE 9 LAWS Section 9.01 Tenant's Covenants Tenant covenants, at Tenant's sole cost and expense, to comply promptly with all laws and ordinances and the orders,' requisitions and recuirements of all federal, state and municipal governmental agencies and whether or not fhe same require struc- "14' CCDPV Rid 5 IG tural repairs or alterations which may be applicable to the Leased Premises or the sidewalks, curbs, subsidewalk space, if any, which form a part of the Leased Premises or the use thereof. Section 9.02 Richt to Contest Tenant shall have the right, provided it does so with due diligence and dispatch, to contest by appropriate legal pro- ceeding, without cost or expense to Landlord, the validity of any law, ordinance, order, regulation or requirements of the nature referred to in Section 9.01 and, if compliance therewith may legally be held in abeyance without the incurrence of any lien, charge or liability of any kind against the fee, or Landlord's fee interest or Tenant's leasehold interest in the Leased Premises and without subjecting Tenant or Landlord to any liability for failure to comply therewith, Tenant may postpone compliance until the final determination of any such proceeding. In the event such contest may not be made within the confines of the foregoing sen- tence, Tenant may nonetheless contest by appropriate legal proceed- ing, the validity of any law, ordinance, order, regulation, or requirements of the nature referred to in Section 9.01 if Tenant shall deposit with or at the direction of Landlord as security an amount sufficient in the judgment of the Landlord as reasonably exercised to pay all charges, interest and penalties in connection with such contest and all charges that might become a charge on the Leased Premises, or any part thereof in such proceedings. Upon the termin- ation of such proceeding, or at any time when Landlord shall reason- ably deem the moneys so deposited to be insufficient security, Tenant shall, upon demand, so deposit such additional money as, in the judgment of Landlord reasonably exercised shall be sufficient; and any failure of Tenant so to do, unless Tenant voluntarily dis- misses its contesting action within ten (10) days of Landlord's aforesaid demand for additional deposit, shall constitute a default hereunder, Landlord shall at all times have the right to apply the security deposited with it .pursuant to this paragraph to any judg- ment against it or its interest in the Leased Premises, including 10$ 9'16 -15- CCC3I:12)Y interest and penalties in connection therewith, and after any such proceeding is dismissed, the balance, if any, shall be paid to Tenant if Tenant is not otherwise in default under this Lease. In the event that such moneys shall be insufficient for such payment, Tenant shall forthwith pay over to or at the direction of Landlord an amount of money sufficient, together with the moneys so deposited, to pay the same. Any proceeding referred to in this Section may be brought by Tenant in the name of Tenant or Landlord but Landlord shall not be subjected to any liability for the payment of any costs or expenses in connection with any proceeding brought by Tenant and Tenant covenants to indemnify and save Landlord harm- less from any such costs or expenses. Landlord agrees to execute any documents reasonably requested by. Tenant to carry out the intent of this paragraph. ARTICLE 10 MAINTENANCE OF PP.EMISES Section 10.01 Repairs and Maintenance Tenant covenants, at Tenant's sole cost and expense, to take good care of the entire Leased Premises and every part thereof and to keep the same in good order and condition, and to make promptly all necessary repairs to the exterior, structural and nonstructural, ordinary as well as extraordinary, and equal in quality and class to the original work. When used in this Sec- tion, the term "repairs" shall include alterations, replacements . and renewals. Tenant covenants to keep the entire Leased Pre- mises and adjacent sidewalks in a neat and orderly condition and subject to Article 12, free of rubbish, dirt and debris. Section 10.02 Surrender of the Leased Premises Upon termination of this Lease for any reason whatsoever, all buildings and improvements on the Leased Premises shall remain and become the property of Landlord(except for signs, safe deposit boxes, vault doors, night depository, drive-in-windows and tellers' counters and trade fixtures which shall remain the property of Tenant and shall be removable by Tenant within ten (10) days of germination of this Lease) ; provided that Landlord may, by written notice to Tenant -16- FLU J 1 6 �✓ 1 �� U within thirty (30) days after termination of the Lease require Tenant to completely remove its building, fixtures and appurtenances p y thereto, including foundations and signs and to leave the Leased Premises in a clean, tidy condition reasonably satisfactory to Landlord. If Tenant does not remove its improvements as required by this Section, Landlord has the option to accept surrender of the Leased Premises with such improvements in place or to require Tenant to remove as provided above or on failure of Tenant to comply with Landlord's demand for removal, Landlord may cause same to be demolished and removed at Tenant's sole cost and expense. ARTICLE 11 ALTERATIONS BY TENANT Section 11.01 Changes ar.d Alterations Tenant may, during the term of this Lease, make such changes and alterations to the Leased Premises and improvements as Tenant may deem to be necessary or desirable in connection with the requirements of Tenant's business; provided that Tenant shall not install or cause to be installed any exterior lighting, or make any changes to the exterior of the building, or make any substantial changes to the landscaping, without Landlord's prior written consent to the plans and specifications for such work. Landlord's review and approval or disapproval, including the tim- ing thereof, shall be based upon the considerations and purposes and shall be as set forth in Section 6.01 for the initial construc- tion. ARTICLE 12 DAMAGE OR DESTRUCTION Section 12.01 Restoration of Premises In the case of damage to or destruction of the Leased Premises or any part thereof by any cause to the extent of less than 40% of the coat of replacement thereof, Tenant shall promptly restore the Leased Premises as nearly as possible to the condition they were in immediately prior to such damage or destruction, or with such chances or alterations as may be mace in conformity with Section 11.01. i_.b -17- CORY Section 12.02 Substantial Destruction. In the event the building constructed by Tenant on the Leased Premises should be damaged to the extent of more than 40% of the cost of replacement thereof, Tenant may, subject to the following sentence, offer to terminate this Lease by written • notice to Landlord given within 90 days of the damage or destruction. Landlord shall, within 90 days of the receipt of such offer from Tenant, give further written notice to Tenant that either (i) Tenant's offer to terminate the Lease is accepted, in which case the Lease will terminate as of the date Landlord receives Tenant's offer, the provisions of Section 10.02 hereof shall apply, and in this regard, Landlord shall, in the same notice, state whether it wishes to keep the building and improvements in their then condition or to have them removed and the Leased Premises restored as provided in said Section 10.02, or (ii) the Tenant's offer to terminate the Lease is declined by Landlord, in which case the initial term of the Lease as provided for. in Section 1.03 shall be 'extended .for whatever period is necessary for a 25 year initial term, commencing with the date of Landlord's notice to Tenant to restore, the optiorsset forth in Section 1.04 shall be preserved, the Tenant shall promptly restore the Leased Premises ap nearly as possible to the condition they were in immediately prior to such damage or destruction (or with such changes or alterations as may be made in conformity with Section 11.01) , there shall be no abatement of rent, and the provi- sions of Section 2.02 shall continue to be applied at five year inter- vals from the original commencement date of the term. Section 12.03 Damage During Last Five Years. Notwithstanding the provisions of Section 12.01 or 12.02, if the Leased Premises should be damaged or destroyed to the extent of more than 10% of the cost of replacement thereof during the last 5 years of the initial or any extended term of this Lease, then either Landlord or Tenant may terminate this Lease by written notice to the other given within 45 days of the damage or- -18- COPY destruction, provided that if Tenant is the party giving such notice, Tenant shall, at its expense, remove the damaged or destroyed building and return the Leased Premises to a clean and safe condition. Tenant shall not be relieved of any obligation to pay rent or additional rent under this Lease because of any damage or destruction, except in the case of such termination under this Section 12.03, in which case such obligations shall terminate as of the date of the termination notice. ARTICLE 13 CONDEMNATION Section 13.01 Taking of Entire Premises If, as a result of the exercise of the power of eminent domain (hereinafter in this Article referred to as "proceeding") , • the entire Leased Premises shall be taken or conveyed in lieu thereof, this Lease and all right and title and interest of Tenant hereunder shall cease and come to an end on the date upon which the condemning authority acquires title to the Leased Premises, or at such earlier date that possession thereof is transferred to the contlemnity author- ity, the fixed rent shall be apportioned as of such date, Landlord shall obtain and be entitled to and shall receive the total award made in such proceeding (and Tenant hereby assigns such award to Landlord) , and the award shall be apportioned between Landlord and Tenant in the following order until the award is exhausted and Tenant shall have no other claim against Landlord on account of the condemnation and termination or with respect to the award: . A. Landlord shall be entitled to all bona fide costs and expenses incurred by Landlord in connection with the proceeding, inclu- ding attorneys' fees, including for appeals, less amounts specifically allocated to such costs and expenses by the condemning authority. B. After the payment provided for in Subsection A hereof, the Landlord shall receive the reasonable market value, as of the valua- tion date for condemnation purposes, of the land exclusive of Tenant's improvements. C. After the payments provided in Subsections A and B hereof, the Tenant shall be entitled to receive an amount equal to the reasonable market value as of the valuation date for condemnation purposes, of the Tenant's improvements on the Leased Premises exclusive of the valuation of the land. D. The balance of the award, if any, shall be divided equally between the parties. Section 13.02 Total Termination upon a Partial Taking If less than the entire Leased Premises shall be taken or conveyed in lieu thereof in any proceeding and if the conduct of Tenant's business on the Leased Premises is thereby substantially prevented or irpaired, this Lease shall terminate as to the portion of the Leased Pre- mises so taken upon the date on which the condemning authority acquires title to the portion so taken or at such earlier date that possession thereof is transferred to the condemning authority, and Tenant, if Tenant is not in default under this Lease, nay terminate this Lease as to the remainder of the Leased Premises by giving a notice not later than 60 days after the date of such taking, specifying as the date for. termination a date not later than 60 days after the giving of such notice. Upon the date specified in such notice, the term of this Lease and all right, title and interest of Tenant hereunder shall cease and come to an end, and the fixed rent shall be apportioned as of the date of such termination. The award made in any proceeding shall be distributed between Landlord and Tenant as provided in Section 13.01. • • --20- Section 13.03 Partial rmination upon a Partia _ .king If less than the entire Leased Premises shall be taken or conveyed in lieu thereof in any proceeding and this Lease is not termin- ated as provided in Section 13.02, this Lease shall terminate only as to the portion of the Leased Premises so taken upon the date on which the condemning authority acquires title to the portion so taken, or at such earlier date that possession thereof is transferred to the condem- ning authority. In any case, Tenant hereby covenants and agrees to restore the Leased Premises, including that portion of the building not so taken, to a complete architectural unit for the use and occupancy of Tenant as in Section 8.01 expressed, provided that Tenant shall not be obligated to so restore the Leased Premises if condemnation occurs within the last 5 years of the term of this Lease and, if the same occurs within such period, Tenant may terminate this Lease by notice to Landlord. The award made in any proceeding shall be apportioned between Landlord and Tenant in the following order until the award is exhausted and Tenant shall have no other claim against Landlord on account of the condemnation and termination or with respect to the: award: A. Landlord shall be entitled to all bona fide costs and expenses incurred by Landlord in connection with the proceeding, , including attorneys' fees, including for appeals, less amounts speci- fically allocated to such costs and expenses by the condemning authority. • B. After the payment provided for in Subsection A hereof, the Landlord shall receive the reasonable market value; as of the valuation date for condemnation purposes, of the land exclusive of Tenant's improvements. C. After the payments provided in Subsection A and 3 hereof, the Landlord shall apply the remaining portion of the award to Tenant's restoration of the Leased Premises, to the extent such application is necessary. _ After and as of the date the condemning authority acquires title or on such earlier date that possession thereof is transferred to the condemning authority, the fired rent shall be apportioned -z1- COFY ; , and reduced byan amount which bears therelation same to the = fixed rent provided for in this Lease as the ground area of the Leased Premises taken bears to the ground area thereof prior to such taking. Section 13.04 Distribution of Award In any taking or conveyance in lieu thereof or other- wise of the Leased Premises or any part thereof, whether or not this Lease is terminated as in this Article provided, Tenant shall not be entitled to any portion of the award for the estate or interest of Tenant in this Lease, all such awards being hereby assigned to Landlord. ARTICLE 14 ADDITIONAL IMPROVEMENTS Section 14.01 Auto Tellers At its option, Tenant may at its expense install not more than four (4) mechanical auto tellers on the Leased Premises . ARTICLE 15 MECHANICS' LIENS Section 15.01 Mechanics' Liens Tenant shall not suffer or permit any mechanics' or other liens to be filed against the Leased Premises nor against Tenant's leasehold interest therein by reason of work, labor, ser- vices, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Leased Premises or any part thereof through or under Tenant, and nothing in this Lease contained shall be deemed or construed in any way as constituting the con- sent or request of Landlord, expressed or implied, to any con- tractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of the Leased Premises, nor -22- COFY as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanics' liens against the Leased Premises. Landlord shall have the right at all reasonable times to post and keep posted on the Leased Premises any notices that may be provided by law which Landlc,rd may deem to be necessary or advisable for the protection of Landlord and the Leased Premises from mechanics' liens. If any such mechanics' liens shall at any time be filed against the Leased Premises, Tenant shall cause the same to be discharged of record within 20 days after the date of filing subject to Tenant's right to contest the same in the manner provided by law, and in this regard, if Tenant in good faith shall determine that such lien should be contested, Tenant shall, within said 20 day period, furnish Landlord indemnification or post a surety bond, adcguate to Landlord, for the final payment and discharge of such lien, in order to protect the Leased Premises and the Landlord from and against such lien. In the event Tenant shall fail to so indemnify Land- lord or post such surety bond, and if Tenant shall fail to dis- charge such lien within such period, then in addition to any other right or remedy of Landlord, Landlord may, but shall not be obli- gated to, procure its discharge by paying the amount claimed to be due or by deposit in court or by bonding, and in any such event Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances. Any amount paid by Landlord for any of the aforesaid purposes, and all rea- sonable legal. and other expenses of Landlord, including reasonable counsel fees, in defending any such action, or in or about pro- curing the discharge of such lien, with all necessary disbursements -23 - J L ,9:6 COPY in connection therewith, with interest thereon at the rate of eight percent (8%) from the date of payment, shall be repaid by Tenant to Landlord on demand. • ARTICLE 16 ACCESS TO PRZMISES Section 16.01 Landlord's Right of Entry Tenant agrees to permit Landlord and any authorized representatives of Landlord to enter the Leased Premises at all times during usual business hours but not in an unreasonable man- ner or for the purpose of harrassing Tenant. • ARTICLE 17 ASSIGNMENT, SUBLETTING AND CONCESSIONAIRES Section 17.01• Assignment and Subletting Tenant may sublet all or any portion of the Leased Premises or assign this Lease for the use and purposes set forth in Section 8.01 to any parent, subsidiary, affiliate or successor corporation of Tenant or in connection with any merger or reorganization of Tenant provided that the assignee assumes in writing the obligations of this Lease and has the reasonable financial capability of per- • forming the obligations of this Lease. Tenant may also sublease minor portions of the building for office use without Landlord's consent. Except as stated above in this Section 17.01, Tenant shall not assign or sublet its interest in the Leased Premises without the prior written consent of Landlord._ Section 17.02 This Lease shall not be assignable by operation of law. ARTICLE 18 LANDLORD'S FINANCING Section 18.01 Notice of Termination by Tenant • In the event of any act or omission by Landlord which would give Tenant the right to terminate this Lease or to claim COr—Thitri --29- � • }� a partial or total eviction, Tenant shall not exercise any such right (i) until it shall have given written notice, by certified or registered mail, of such act or omission to the holder of any mortgage whose name and address shall have been furnished to Ten- ant in writing, at the last address so furnished, and(ii) until a reasonable period of time not exceeding 30 days far remedying such act or omission shall have elapsed following the giving of such notice; provided that following the giving of such notice Landlord or said holder shall, with reasonable diligence, have commenced and continued to remedy such act or omission or to cause the same to be remedied. Section 18.02 Consent to Landlord's Assignment Tenant hereby consents to the assignment of Landlord's interest under this Lease to the holder of any mortgage as secur- ity for the payment of all indebtedness secured by the mortgage. Landlord agrees to give prompt notice of any such assignment to Tenant. Section 18.03 No Merging of Interests Landlord's reversion and the leasehold estate of Tenant • under this Lease shall not merge but shall always remain separate and distinct, notwithstanding both interests shall come into the same person unless such merger shall have been expressly consented to in writing by the holder of a mortgage. Section 18.04 Estoppel Certificate by Tenant Tenant agrees that at any time and from time to time upon not less than 20 days' prior written request by Landlord, Tenant will execute, acknowledge and deliver to Landlord a state- ment in writing certifying (i) 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 identifying the modifications) , (ii) the dates to which the fixed rent and -25 CV7VT . .b other charges have been paid, and (iii) that so far as Tenant knows Landlord is not in default under any provisions of this Lease or stating with particularity the nature of any asserted defaults. It is intended that any such statement may be relied upon by any person proposing to acquire Landlord's interest in this Lease or any prospective mortgagee of, or assignee of any mortgage upon such interest. ARTICLE 19 • DEFAULT OF TENANT Section 19.01 Right to Re-Enter In the event of any failure of Tenant to pay any rent or additional rent due hereunder within ten (10) days after written notice to Tenant of such default, or any failure to per- form any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant, for more than 30 days (or such additional period of time as may be required provided curative measures are commenced within said 30 day period and diligently prosecuted to completion) after written notice of such default shall have been given to Tenant, or if Tenant or any 77 .77 j`. -26- CO—HP-r f N !,.1!6 � r , guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for the appointment of a receiver or trustee of all or a portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Tenant shall abandon the Leased Premises or suffer this Lease to be taken under any writ of execution, then Landlord, besides other rights or remedies it may have, shall have the immediately right of re-entry and may remove all persons and • property from the Leased Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. Section 19.02 Right to Relet Should Landlord elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease make such alterations and repairs as may be reasonably necessary in order to relet the Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rents and upon such other terms and conditions as Landlord in its bona fide reasonable discretion, and with the • use of its best efforts to mitigate damages, may deem advisable; upon each such reletting all rentals received by Landlord from such reletting shall be applied first to the payment of any indebt- edness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage fees, costs of litigation and attorneys' fees, including for appeals, and costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment FLS 5 1: cnir- of future rent as the same may become due and payable hereunder. If such rental received from such reletting during any month be less than that to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termin- ation thereof be decreed by a court of competent jurisdiction. Notwithstanding any such relettting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, reasonable attorneys' fees (including for appeals) and\including the worth at the time of the award of the amount by which the unpaid rent for the balanceoL •the term after the time of award exceeds the amount of such rental loss for the same period that Tenant proves ' could be reasonably avoided. Notwithstanding anything to the contrary contained in this Article, in the event that Tenant breaches this Lease and abandons the Leased Premises, this Lease shall con- tinue in effect during such period as Landlord does not terminate Tenant's right to possession and Landlord may enforce all its rights and remedies under this Lease, including the right to recover all items of rent and additional rent as they become due under this Lease; provided that during such period Tenant may sublet the Leased Premises (without itself being released from liability hereunder) subject to Section 17.01 of this Lease. -28- ARTICLE 20 QUIET ENJOYMENT Section 20.01 Landlord's Covenants Landlord covenants and agrees it has the power to make this Lease and that Tenant, upon paying the fixed rent and all other charges herein provided for and performing and fulfilling the covenants, agreements and conditions of this Lease on Tenant's part to be performed and fulfilled, shall lawfully and quietly hold, occupy and enjoy the Leased Premises' during the term of this Lease without hindrance or molestation of Landlord or any person or persons claiming under Landlord, subject, however, to the matters herein set forth. ARTICLE 21 SUCCESSORS Section 21.01 Covenants to Bind and Benefit Respective Parties The parties hereto agree that the covenants and agree- ments herein contained shall bind and inure to the benefit of Landlord, it successors and assigns, and Tenant, its successors and assigns, subject to the provisions of Section 22.01 and provided any required consent to any assignment hereof shall be had and obtained as specified in Section 17.01. - • ARTICLE 22 LANDLORD'S LIABILITY Section 22.01 Limitations The term "Landlord" as used in this Lease so far as covenants or agreements on the part of Landlord are concerned, shall be limited to mean and include .only the owner or owners of ' Landlord's interest in this Lease at the time in question, and in the event of any transfer or transfers of such interest, ex- cept a -transfer by way of security, Landlord herein named (and in the •cask of any subsequent transfer, the then transferor) shall be automatically freed and relieved from and after the date of such transfer of all persona]. liability as respects the perfor- mance of any covenants or agreements oa the part of Landlord con- tained in- this there. iter to be performed; provided that any funds in the hands of such Landlord or- the then transferor at the time of such transfer, in which Tenant has an interest, shall be 1-6 5 Ni6 ( OLEP\11; -29- r t t • turned over to the transferee and any amount then due and payable to Tenant by Landlord or the then transferor under any provisions of this Lease, shall be paid to Tenant; and provided further, that upon any such transfer, the transferee shall be deemed to have assumed, subject to the limitations of. this Section, all of the covenants, agreements and conditions in this Lease contained to be performed on the part of Landlord shall, .subject as aforesaid, be binding on Landlord, its successors and assigns, only during and in respect of their respective successive periods of owner- ship. 'ARTICLE 23 MISCELLANEOUS Section 23.01 Cumulative Remedies The specified remedies to which Landlord or Tenant may resort under the terms of this Lease aTe. cumulative and are not intended to be exclusive of any other remedies or means of re- dress fo which Landlord or Tenant may be lawfully entitled in case of any breach or threatened breach the other of any covenant, agreement or condition of this Lease. Section 23. 02 Invalidity of Particular Provisions If any covenant, agreement or condition of this Lease or the application thereof to any person, firm or corporation or to any circumstance, shall to any extent be invalid or unenforce- able, the remainder of this Lease or the application of such covenant, agreement or condition to persons., firms or corpora- tions or to circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby. Each covenant, agreement or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law. ' Section 23. 03 No Waiver The failure of Landlord or Tenant to insist in any one or more cases upon the strict performance or observance of any of the covenants, agreements or conditions of this Lease or to exercise any option herein contained shall not be construed as a waiver or a relinquishment for the future of such covenant, agreement, condition or option. A receipt. by Landlord of rent or additional rent with knowledge of the bre/ch of any covenant, agreement or condition hereof shall not be deemed a waiver of such breach, and no waiver by Landlord or Tenant of any covenant, agreement or condition of this Lease ,shall be deemed to have been made unless expressed in writing and signed by Landlord or Tenant. In addition to the other remedies in this Lease provided, Landlord or Tenant shall be entitled to the restraint by injunc- tion of the violation, or attempted or threatened violation, of any of the covenants, agreements or conditions of this Lease. Section 23.04 Accord and Satisfaction No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein stipulated, or than any 'addi- tional rent due hereunder, shall be deemed to be other than on account of the earliest amount due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or additional rent or pursue any other remedy in this Lease provided. Section 23.05 Governing Laws This Lease shall be construed and enforced in accord- ance with the laws of Oregon. Section 23.06 Attorneys' Fees Should either party hereto institute any action or pro- ceeding in court to enforce any provisions hereof, or for damages by reason of an alleged breach of any provision of this Lease, or for enforcing any covenant or agreement herein contained, the pre- vailing party shall be entitled to receive from the losing party, such amount as the court may adjudge to he reasonable attorneys' fees (including for appeals) for the services rendered the pre- vailing party in such action or proceeding, regardless of whether such action or proceeding shall have been reduced to judgment. Section 23.07 Entire aarcement This Lease and the exhibits attached-hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant con- concerning the Leased Premise;s, and there are no covenants, promise t Nib -3le COPY . r agreements, conditions or understandings, either oral, or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord and Ten- ant or their successors in interest unless reduced to writing and signed by them. ' Section 23.08 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required here- under by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, condemnation, insurrections, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease,then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. From and after the date rent commences to be due hereunder,the provisions of this section shall not operate to excuse Tenant from prompt payment of rent or additional rent or any other payments required by the terms of this Lease. Section 23.09 Recording Upon the request of either party hereto the other party shall join in the execution of a memorandum or so-called "short form" of this Lease for the purposes of recordation. Said memo- randum or short form of this Lease shall describe the parties, the Leased Premises, and the term of this Lease and shall incor- porate this Lease by reference. Section 23.10 Captions and Section Numbers The captions, section numbers and table of contents appearing it this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles of this Lease, or_in any way affect this Lease. (C-7:(0-1 -32- 1.03 ARTICLE 24 ' DEFINITIONS Section 24.01 Definitions of Certain Terms Unless the context otherwise requires, the following terms (or words of similar import)' shall have the meanings speci- fied for all purposes df this Lease: A. "The Leased Premises" shall have the meaning specified in Section 1.01. B. "The fixed rent" shall have the meaning specified in Section 2.01. C. "Imposition" shall have the meaning specified in Section 3.01. D. "Shopping Center Site" shall have the meaning specified in Section 1.02 A. E. "Floor Area" shall have the meaning specified in Section 1.02 C. .77.7/# -33- F to 1'116 } F. "The term of this Lease" shall mean the initial term granted herein and any extension period or periods with respect thereto. G. "Trade fixtures" shall mean all buildings, struc- tures, fixtures, equipment and personal property owned by Tenant or constructed by Tenant and used in connection with the operation of any business on the Leased Premises, whether or not affixed to the Leased Premises. H. "Lease" shall mean this instrument as originally executed or as it may from time to time be modified. I. The word "Tenant" shall be deemed and taken to mean each and every person or party holding the interest of Tenant . herein, be the same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given to or by any one thereof and shall have the same force and effect as if given to or by all thereof. J. The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a' proper reference even - , though Landlord or Tenant may be an individual, a partnership, a corporation or a group of two or more individuals or corpora- tions. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord or Tenant, and tb either corporations, associations, partnerships, or individuals, males or females, shall in all instances be assumed as though in each case fully expressed. K. All of the covenants of Tenant hereunder shall be deemed and construed to be "conditions" as well as "covenants" as though the words specifically expressing or importing covenants and conditions were used in each instance. L. "Reciprocal Easement Agreement" shall have the meaning specified in Section 1.02A. -34- 1 34-1 t ARTICLE 25 ' NOTICES Section 25.01 ' Notices All notices, demands and request which may or are required to be given by either party to the other shall be in writing and shall be deemed given when sent by United States registered or certified mail, postage prepaid, addressed as follows: To Tenant-at: To Landlord at: Equitable Savings & Loan Fringe Land Ore, Ltd. Association c/o Winmar Pacific, Inc, 1300 S.W. Sixth Avenue 505 Madison Street Portland, Oregon 97201 Seattle, Washington 98104 Or at such other places as the parties may designate by written notice to the other. IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this Lease as of the day and year first above written. LANDLORD: FRINGE LAND ORE. LTD. By: WINMAR PACIFIC, INC. , General Pa / r • By //2-e( �c-1-(C j'C(-::-J�_,«c I-� Presi entl By ///, r�r•� Assistant Secr nary TENANT: EQUITABLE SAVINGS & LOAN ASSOCIATION Rti /1/4/( Pres den — By Secretary -35- C0J 7 11:13 - J:6 LEGAL DESCRIPTION All that certain land situated in the State of 1 Oregon, County of Washington, described as follows: A tract of land located in a portion of Lots 25, 26, and 27 of "OAKBURG", a plat of record, and said tract is in the Northwest one-quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon and is more particularly described as follows: Beginning at a 5/8-inch iron rod located South 00°18'12" West 5.00 feet from the Northwest corner of said Lot 25 "OAKBURG"; thence South 89°41'48" East 32.44 feet to a point of curvature; thence 139.07 feet along the arc of a 320.00 foot radius curve to the right (the tangent of which is 70.65 feet) to a point of tangency; thence South 64°47'49" East 80.80 feet; thence South 00°20'00" East 105.00 feet; thence South 89°40'00" West 241.64 feet to the West line of said Lot 25; thence along the West line of said Lot 25 North 00°18' 12" East 171.45 feet to the Point of Beginning. Contains 0.8317 acres. (.1 ] f r •J . 07)\7\47 C EXHIBIT "A" i Ir ___•__•• • e r'C ' ` '1,y^`r.•�r'.moi Ni`)rj - ' • j r 1 I 1 1 :`7'--�'i•' E11;->i'_i/u .,t(L:.^.J 1 : . • ....• i: . r \:,.T—T—Fr—i—r—ITI, -----. ----,---1—•:—t--1-----7"--:----;•••'--4,\ Lil N2) l• i : — 1 . i , i .. , t* ; ! . : t. [ r, ;V ,' •' : ,•,, fuL., fit(,..... ; I : ii. , ..- - ...... ./. .. • • ! 7 .• , q I c.-5 1 . (_.)) • r, ,, . ...„ - 1 I t r ! i , • • • , I\ 4 • ,if 1 • I I ' Iri .1, )1 1 .4.-4..... ... ;-:..-.—..t. all.....1.1'4 . '''.".. i ' f ‘..-s.; .''/ . 1 • % = 5. f . . 4: r-! ,...,..,......., 4 II. ti -"Si:`;1". Vt) . . 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'' ."'..7 1\ . • ground to the top of the . . • . . • sign shall be not more I I than 40 . feet. . . . . -:7. , _ - . . 1 . . . .• 1 . . . • • . . . : r .... 1 1 I • - i ,---.:-H------ 410o FAEq1CArE-C Mrrilt. CAellvIE'r" iv/ ., - 11 ' PICO- di,'014 "..1 I. I s . :-..m"...--CCRR. tc-.LAIs. inta. TO 117C14 ECUIT-1:1tLE reccovi.. -- 0 . I :. -. i • 1 -. I --,- I . l• : . - • . , . .. ' . . . . LTVS. . _ '. .'..".... '.. -, _ • I . . . . . •: a "... I - • 1 ' •. t 1 • -..' 1 . 1--------- . . . ' .. • . . . . • : ; i : . . . , - • P•••• 0 i - r"...-- i _ . 1 .. • . .. • ...5..f.:eD 21. 4,e7 .1.1eimek-Ilt OlirCtiAlf:-.A.- 7-0 .erAc, I !Al S F ' . -, ...; , . ...i . ' . .T.CPUtAddC C,-4 rr, .• . . Qi"-----).1 — ' - - • .... .. _.... .....--. -.. 4. : -.-.. • . . . _:-..: i:..-' .. • . - ---7 P • ' . © . . . •:.,,,__:. ....7,.7:....... •• ... . ._ .. ._ . ,_ • _ •• , ..._,_ 7_ , \ . ._ • • - • ''- '' • Iiii . : - . * 4--...: ."'...' -. .. . . • • ---...--.1 ,--- F.--- ,,,1 -_-•-:-.=-7---1. ' 1,,,•.. -:;'-,..,-;:. . • - •. . "lcii 7••••- .' $ . . • / 1 - .._ !, 1 " II : ......4- .- ..--. - ,U 0 . . .- • 11 1 i H 't 11 I . -. . F., it ,i I • . . _. • !II 'i I - II 1 : Ari..rrE-.. • " ' .;'• • /..•-:/;ri ri a tr(it .5 3",:'t)::7'.,.'e..1L -,e.....;;A:-. 7 I 1 . t I ,".., .017'00. ,e/ ,:,.,..:•-,,ilf,:::, -,. . . . . . .._._._ ACKNOWLEDGEMENTS LANDLORD: STATE OF WASHINGTON ) ss. COUNTY OF KING ) ), 11, z , 1976. Tr Personally appeared L�. > Ji/t-t and E , who being duly sworn each for hims if and not one for the other did say that the former is /the � _� �� i2 and the latter is rJkCti�'4 u.�-•- of WINMAR PACIFIC, INC. , General Partner, an3that said instrument was signed on behalf of said corporation and each of them acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public or Washin an My Commission expires: 7) /;;moi=; 7c' TENANT: STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON ) February 17, 1976. Personally appeared Howard L. Hubbard and R.L. Foote , who being duly sworn each for himself and not one for the other did say that the former is th.e President and the latter is the Secretary of EQUITABLE SAVINGS & LOAN ASSOCIATION, a corporation, and that said instrument was signed on behalf of said corporation and each of them acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for Oregon My Commission expires: 3-7-76 L d % a 4 d d d a 2RETEJOINT ° ° ,\ S CAL) .6---2 ,-2- , - Ali \ Z° Sly. /Nor Grp 4 aN. ��=� d '� SQ 0 KEY NOTES i I I \ \ # DESCRIPTION 1 I ° I 4 I a\I I a *IY:0 / 1 MATCH EXISTING GRADE d l I i I a a/ ° I 1d a 1 d. �� d 4 I 1 I \ ° X 203.81 \ ./ d 2 CONCRETE SIDEWALK I 3 ADA PARKING STALLS AND STRIPING 1 I I \ d \ , / ° + 4 "NO PARKING" ZONE STRIPING / \ \\ \ a \ 5 VERTICAL CONCRETE CURB • / \ \ ° / N \ / / d ///// / / /I • A ——/ 4 2 ° \ NN \ a N / • • 0 �� ., / ICV °� \\ 4 d / / / tl O \ 204.61 aC 204.47 _d g 4 • i d a \ / 0 Oa .1 I a I I /' .4. • I_ 17•ad. .I 5.0'�,. 203.41 i / X 204.52 ` 203.84 _ / G I TY O F TIGARD ❑ .q.._..... Approved by I Tannin CONCRETE JOINT d �\ i ° ►��������� �' ' �,9�, LI � •a : ❖:❖:•' Date: 6///// 3 / O , I \\\%\ ►❖:❖:•. Initials: kS J / / , 1 // /� ( BANK OF �\a L — — — sr- ••=.- ,���•�•�-, / I 2 c© ENDS CURB °. ►� •�� v AMERICA _ Q.' I I --2 SIGN a u o ° ►���������• I FFE=205.20 / a m �--- BENCH -a-- ��.'�� ♦♦ ♦.....'������� ' I • �. • 0 • �Up���j4��j��-��j���j�j�j�j���j���j►���lb& j�j�j�j�j o/ CATCH BASIN / I ( I • 4 ����i�i�i`.�;�°��i�i�i�i�i�i�i�i�i'��i�i�i�i'��i RIM 201.83 = SHEET LEGEND I I 1 - d a d d I / WATER LEVEL 200.83 — — PROPERTY LINE // I Ioi 1 / / o I Ij / H: .- -7: JI ° // // CONCRETE SIDEWALK / J41 // /- / / . ��������• STANDARD ASPHALT / // _ O —'"t START CURB // // 1111 •�..�.�.�.�.$*.*.*�.. PAVEMENT i j I�� / • l ��\ 1 © 23 LF \ /15 / (204.70 d . I� N� /// N „• •"• v y--4.-7--,dv \ k i \ CONCRETE PAVEMENT I L I I — — — — GRADE BREAK al d� ° d d* 0 CONCRETE JOINT ____-- • -I r Q f SCORE JOINT o / I I I 204.54 ° 4 I m G TR I a ° x ° I \. • I O //// t _. I I ° i f // / t A \ da ' J 1 iN / •j 4o III d I d )1)1 T t II / } �m — _I ° ___ 1/t _ T;E '_-T , o 0 0 cv 47 66 I *i.,o /°Jp JOB No.: 1800080 10101 SW Washington Square Road,Portland.OR 97223 SHEET NO. x c`QE PROF Es o_� .51 ‘`*797511.E 5 I N FE,T/O1/' DESIGNED BY: SL SCALE 1 INCH=5 FEET %9701 PE 9 DRAWN BY: RC .0 6 CHECKED BY: PD BANK OF AMERICA TIGARDC 2 ti MI = 111 Sw Fifth Ave.,Suite 2500 o = MI 'gaffPortland,OR 97204 OREGON PLOT DATE: 6/5/18 8:20am i�a 5 0 5 10 0:so3.zz7.3zs1 F:503.2247.43681 .4 41 10 11‘ p PLOTTED BY: SLam SHEET OF www. n.rom '4�!MARK , xx c'J DWG NAME: 1800080-SITE-MM.dvg RECORD NO. n REVISION DATE DESCRIPTION BY I EXP..,DATE. 12/31/ I TAB NAME: C2.0 XXXXX-XX - d SHEET NOTES d G 1. ALL SIDEWALK PAVEMENT JOINTS SHALL BE CONSTRUCTED PER DETAIL 6/C3.0 CRETE JOINT ° ° /\ S r�T I \ Yv CAL) fr `as,```g (moi \\ 4 82 v. / �lN / ON a �,\ � d a a 'sQ U0 KEY NOTES -eliy. N # DESCRIPTION DETAIL 1 ° -I Q I a\ ( I Q / • ktO 1 MATCH EXISTING GRADE d •I I I ° ��� d d °j v I la I d �I I 2 CONCRETE SIDEWALK 2/C3.0 A' v' \a tI d a X11 I i \\ v '}C 203.81 d Q -\\ / •a - 3 ADA PARKING STALLS AND STRIPING 3/C3.0 4 NO PARKING' ZONE SNIPING I / \ �N \ v ' 5 VERTICAL CONCRETE CURB 5/C3.0 / \ �N ° / N N / / � -& \ dN / d ///// / / /1 A -�� __, N\\\ 0 GRADING LABEL LEGEND / \, \� QQ' v DALLOUT DESCRIPTION / a a d \N \ - X.XX GRADING SLOPE AND DIRECTION(DOWNHILL) / N SPOT ELEVATION \y 0 ` ��� / rin DESCRIPTION LISTED BELOW. / ICV N d NO DESCRIPTION MEANS TP / / /I O v� \ (203.8t)TP 4 204.61 204.47 fxxxxx XX / U2 I I I d I d s I d ° 1203.61 TP \ (203.4±) EG EXISTING GRADE / ° I v i ./ d I 17�' ____ 5.0' 203.41 // FFE FINISHED FLOOR ELEVATION 204.52 1 203.84 TC TOP OF CURB � TP TOP OF PAVEMENT / CONCRETE JOINT d \\,\ . •°a . ..�.�. 4 /' / (204.7±}` /(204.6±) o °. •�jAt*� �� �/ GRADE / T„ 1 r 0 /, -Y� d ..I v .1.3X o CD ...�.�.4 / r(XXX Xt) (MATCEXISTIH WHERE APPLICABLE) / II / 'N (±203.9)TC/TP Co x ��.�. 4 rn / 205.18 205.09 204.78 IN I (204.61)- \ \ f • o' �203.69 1 T Or TIGARD ////)"( / ' �, _ 1.9% BANK OF (204°0 �"L_ • _ y ,�.�.�.�. ,approved by Planning / 1sx 4.1x AMERICA osx a© END CURB . . . v - ��� �� u1 .ii ° • Lel/ /6 x w SIGN j - , J •1.3% ' +Of►• date: FFE=205.20 / I KI #o' ° v Q ►������ Initials: l�S / 5 I.. K 16.5' ° �•- .....1ID / I (204.7±) • a. �° e• ►���.�.�.�� T 1.4X /r- -- BENCH z-- o ,�,204 • • • .•• 4i4 / 1.5% 2.5% I ► 204.03 TP..........• 4►.*�4► 4 / 7 �-- - - 0 204.45 1sX �p.�.���.�.�.c��.�.�.�.�.�.�.� ►1 .���� .iv� b/ CATCH BASIN // / / / i l/ / f1 a - d ° j I,204 204.35 Tc Fg�������� ���♦V��...� _ 204.90 / ► 4........ 4►..� / RIM 201.83 SHEET LEGEND 205.18 205.09 f • K (204.6±) ,,204.10 TP •`�.�.�.�***•.�.�.�*%•4**203.81 1 /I' =/ + WATER LEVEL 200.83 - - I 1 d ° a d 0 0 ! PROPERTY LINE o / 1 I I . K1 I I ,/ U I I 1.I 1.1X 204.121? 1 0 / (203.0±) 2 f , ° 204.37 TC o -11- \(2O47±) } - CONCRETE SIDEWALK C3.o Ili ° (204.5±)I 1/ (204.8t)1Li ^ 204.38 TC /20445 •• •l 204.13 TP �.••:•.:••::::::::::::: STANDARD ASPHALT 1 / 1 0 START CURB / // fill, �i li lilililei%%%%%%%%i%�% PAVEMENT C3.0 / `N / > / I I--� 1.6X © 23 LF a // / / \\J //' 204.70 d i ��� / // \�\ .� .��. � . JJJ 4 o / I (204.3±) I / CONCRETE PAVEMENT C3.0 a c \ �"" 1 1 (204.1±)TC / N I d ° I U (203.9t)TP / / - d' 1 L L O 1 �- - - - / I - GRADE BREAK ° I d l v d �. ❑ CONCRETE JOINT __- ---' - I � /a 1 I . 0 f SCORE JOINT a / c I 204.54 ° drh X 1 1 d dTR � I ° ° 1 I. 1 1 //.// 1 1 I v 4,71 I1 Q / -• 7 m a ° ❑ d. 1 11 d 1 a \1 / / a 1 a Tm / f d - 111 1 E J I .- O M O N 8 co a ON v ,orp PROFESS JOB No.: 1800080 10101 SW Washington Square Road Portland,OR 97223 SHEET NO. a� V4.\S ao t N E.4, �Oy DESIGNED BY: SL i BANK OF AMERICA TIGARD �� SCALE 1 INCH=5 FEET 79701 PE 9 9l CHECK BY: RC C2 •O z CHECKED BY: PD 111 SW Fifth Ave.,Suite 2500 MEN P'622'2:47 rth od,OH 97204 OREGON PLOT DATE: 4124118 12:31pm <Pif iz o_ - 5 0 5 10 0:so3.znszsl PI, - - � 4_04681 .e'U°� 11 1�` �o PLOTTED BY: PDedya PAVEMENT AND GRADING PLAN SHEET 1 OF xx A /MA RK 0 DWG NAME: 1800080-PAV&GD.dwg RECORD NO. REVISION DATE DESCRIPTION BY (FXPIRATIOI.DATE: 12/31/ I TAB NAME: C2.0 XXXXX-XX Minor Modification Narrative 'Tiff Page 1 of 2 Evaluation Criteria The director shall determine that a major modification(s) will result if one or more of the following changes are proposed.There will be: 1. An increase in dwelling unit density,or lot coverage for residential development; There is no change in dwelling unit density or lot coverage as we are only providing ADA upgrades to the existing site that does not alter the dwelling unit density. 2. A change in the ratio or number of different types of dwelling units; There is no change in ratio or type of dwelling units.The only proposed improvements are the sidewalk and ADA parking stalls which are outside the building. 3. A change that requires additional on-site parking in compliance with Chapter 18.310, Off-Street Parking and Loading; There is no change that will require additional on-site parking or off-street parking and loading.The only change regarding parking are the two ADA stalls which will remain the same except for grades to meet ADA code. 4. A change in the type of commercial or industrial structures as defined by the state building code; Site Development Review 18.780-4 Code Update: 12/17 There is no change in the commercial or industrial structure type as we are not making any changes to the building. 5. An increase in the height of the building(s) by more than 20 percent; There is no change in the building height as we are not making any changes to the building. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; (here are no changes in the accessways and parking areas type and locations. Ali parking stalls and accessways will remain the same.The only changes made are the grades to meet ADA code. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; There will be no expected increase in vehicular traffic to and from the site from these improvements. 8. An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet; Minor Modification Narrative l<Pif Page 2 of 2 There are no changes in the proposed floor area. All proposed work are ADA improvements to the existing site that will remain in the same location as the existing site. 9. A reduction in the area reserved for common open space or usable open space that reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent; There is no reduction in common open space. All proposed work are ADA improvements to the existing site that will remain in the same location as the existing site. 10. A reduction of project amenities below the minimum required by this title or by more than 10 percent where specified in the site plan: a. Recreational facilities; b. Screening; or c. Landscaping provisions. There are no changes to recreational facilities, screening, or landscaping provisions. 11. A modification to the conditions imposed at the time of site development review approval that are not the subject of Paragraphs 18.780.040.6.1-10. There are no modifications to the conditions imposed during the site development review that are the subject of Paragraphs 18.780.040.B-1-10.