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Application APPLICANT 6/10/2020
City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Final Site Plan Review SPNI lkFl 0 Application Type (Applicant: check one) Site Plan: MinorSite Plan Modification: Ll Major Site Plan Modification: ❑ Required Project Information (Applicant: complete this section) Applicant Name: John Hammer Phone: 541-683-1166 Company: Oakway Golf Inc Fax: Address: PO Box 2266 Eugene, OR 97402 Applicant's Rep.: Scott Morris, PE Phone: 541-302-9790 Company: A & 0 Engineering LLC Fax' Address: 380 0 Street Suite 200 Springfield, OR 97477 PropertypOwner: Oakway Golf Inc Phone: 541-683-1166 Company: Fax: Address: PO Box 2266 Eugene, OR 97402 ASSESSOR'S MAP NO: 17-02-32-22 TAX LOT NOS : 00200 Property Address: 860 42nd Street Springfield, OR 97478 Size of Property: .60 Acres M Square Feet ❑ Proposed Name Of Project: Hammer Industrial Building Description of If you are filling in this form by hand, please attach your proposal description to this application. Pro oral• constructing a multi -tenant lot on vacant property Existln Use: vacant Tentative Case #:811-20-000048-TYP2 Si natures: Please [an and rint our name and date in thea ro riate box on the next pape_ Required - - Staff. complete this section) Associated Applications: Case No.: Date: Reviewed b : Application Fee: $ Technical Fee: $ Posta a Fee:. 0 TOTAL FEES: $ PROJECT NUMBER: Revised 1/1/08 Molly Markarian 1 of 4 Signature I represent this application to be complete for submittal to the City. I affirm that the information identified by the City as necessary for processing the application Is provided herein or the information will not be provided If not otherwise contained within the submittal, and the City may begin processing the application with the Information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Date: Ly Signatu e iDN kin vh V=� Final Site Plan Review Application Process 1. Applicant Submits a Final Site Plan Review Application to the Development Services Department The application must conform to the Fina/ Site Plan Review Submittal Requirements Checklist on page 4 of this application packet. . Planning Division staff screen the submittal at the front counter to determine whether all required items listed in the Final Site Plan Review Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check • Planning Division staff conducts a detailed completeness check within 30 days of submittal. • The assigned Planner notifies the applicant in writing regarding the completeness of the application. • An application is not be deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. • Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application & Issues Final Approval • This is a Type I decision and thus is made without public notice and without a public hearing since there are clear and objective approval criteria and/or development standards that do not require the use of discretion. • Decisions address all the applicable approval criteria and/or development standards. • Applications may be approved, approved with conditions, or denied. • The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed. • The decision issued is the final decision of the City and may not be appealed. 4. City Drafts a Development Agreement Applicant and City sign Development Agreement Final Site Plan and Development Agreement become null and void if construction has not begun within two years of signing the Development Agreement. S. City Conducts Final Site Inspection City authorizes provision of public facilities and services and issues Certificate of Occupancy Revised 1/1/08 Molly Markarian 3 of 4 Final Site Plan Review Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. © Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. The applicable application, technology, and postage fees are collected at the time of complete application submittal. 2 Final Site Plan Review Application Form ® Letter Addressing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each item. Five (5) Copies of the Final Site Plan Sets incorporating all required modifications and applicable conditions ® Additional Documents requested as Conditions of Approval as part of the Site Plan Review decision. Revised 1/1/08 Molly Markarian 4 .1`4 Operations and Maintenance Agreement Private Stormwater Management and Treatment System Land Development Application Number: 811-20-000048-TYP2 Owner's Name: Oakway Golf INC. Phone No.: (541) 683-1166 Mailing Address: P.O. Box 2266 City Eugene State Oregon Zip 97402 Site Address: 860 42nd Street City Springfield State Oregon Zip 97478 Site Map and Tax lot No.: 17-02-32-22-00200 (0, oeaah do,.,ew with additional 1W tab raWm ij hhefaollty croeses more than Dive lot) Type of Facility(ies) Stormwater Planter Requirements 1) Stormwater Management Site Plan, (min. 8 1/2" x 11" attached to this form) showing the location of the facility(fes) in relation to building structures or other permanent monuments on the site, sources of runoff entering the facility(ies), and where stormwater will be discharged to after leaving the facility(ies). Landscape and vegetation should be clear on the Plan submitted or submit a separate Landscape Plan document showing vegetation type, location, and quantity (landscape plan). These can be the same Plans submitted for development review. The stormwater management facility(ies) shown on the Site Plan are a required condition of development approval for the identified property. The owner of the identified property is required to operate and maintain the facility(ies) in accordance with the Facility Specific Operation and Maintenance Plants) (O&M Plan(s)) attached to this form and on file with the City. The O&M Plan for the facility(ies) will be available at the Development and Public Works Department, 225 5° Street, Springfield, Oregon between the hours of 8 a.m. and 5 p.m., Monday through Friday. 2) Financially responsible party (circle one): roperty Owner Homeowner Association Other (describe) 3) Party(ics) responsible for maintenance (only if other than owner). Daytime phone no. (� Emergency/after-hours contact phone no (� Maintenance Contact Party(ies) Name & Business Address: 4) Maintenance practices and schedule for the stormwater facility(ies) are included in the Facility Specific O&M Plants) attached to this form and filed with the Development and Public Works Department, City of Springfield. The operation and maintenance practices are based on the version of the City of Eugene's Stormwater Management Manual in effect at the date of development application, as modified by any plans attached to this document at the time of signing. Application Date: By signing below, Filer accepts and agrees to the terms and conditions contained in the Operations and Maintenance Plants) and in arty document executed by Filer and recorded with it. Filer Print Appendix 3A-2 as, 01/26116 Page 1 of 1 EDSP Adopted December 03, 2012 4.5.9 Stormwater Planter 0 & M Plan Stormwater Planters are infiltration and filtration stormwater facilities that can provide Flood control, flow control and stormwater quality benefits. Stormwater Planters are walled vegetated surface reservoirs used to collect and treat stormwater runoff from impervious surfaces by allowing pollutants to settle and filter out as the water percolates through the vegetation and soil mediums before infiltrating into the ground below or being piped to its downstream destination. Stormwater Planters can be used to help fulfill a site's required landscaping area requirement and should be integrated into the overall site design. Numerous design variations of shape and planting scheme can be used to fit the character. All facility components and vegetation shall be inspected for proper operations and structural stability. These inspections shall occur, at a minimum, quarterly for the first 2 years from the date of installation, 2 times per year thereafter, and within 48 hours after each major storm event. Training and/or Written Guidance information for operating and - maintaining Stormwater Planters shall be provided to all property owners and tenants. A copy of the 0 & M Plan shall be provided to all property owners and tenants. Inspection Logs shall be kept by the facility owner demonstrating the following items have been inspected and are being maintained properly: • Access to Stormwater Planters shall be safe and efficient. Obstacles preventing maintenance personnel and/or equipment access to the components of the facility shall be removed. • Debris and Litter shall be removed to prevent channelization, clogging, and interference with plant growth. Fallen leaves and debris from deciduous plant foliage shall be raked and removed. • Erosion Damage shall be identified and controlled when native soil is exposed or erosion channels are forming. • Filter Media consisting of sand and/or topsoil shall be tested to ensure stormwater percolates through the planter. Remove and replace sand and/or topsoil to correct percolation deficiencies. • Infiltrating Stormwater Planters shall be excavated and cleaned, and gravel or soil shall be replaced to correct low infiltration rates. Water should drain through the planter within 3-4 hours after a storm event. • Inlets shall be cleared when conveyance capacity is plugged to ensure unrestricted stormwater flow to the rain garden. • Mulch shall be replenished as needed to ensure healthy plant growth. • Nuisance and Prohibited Vegetation from the Eugene Plant List (such as blackberries and English Ivy) shall be removed when discovered. Invasive Stormwater Management Manual 4-23 Eugene 2014 vegetation contributing up to 25% of vegetation of all species shall be removed and replaced. • Outlets shall be cleared when 50% of the conveyance capacity is plugged. • Piping shall be cleared of sediment and debris to maintain conveyance capacity. • Planter Walls shall be examined for deficiencies, such as rot, cracks, and failure, and repaired as needed. Holes that are not consistent with the design and allow water to flow directly through the planter to the ground shall be plugged. • Sedimentation build-up near or exceeding 2" in depth shall be hand -removed with minimum damage to vegetation using proper erosion control measures. Sediment shall be removed if it is more than 4 inches thick or so thick as to damage or kill vegetation. • Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from erosion. Dead vegetation shall be removed to maintain less than 10% of area coverage or when vegetative filter function is impaired. Vegetation shall be replaced immediately to control erosion where soils are exposed and within 3 months to maintain cover density. Spill Prevention Measures shall be exercised on site when handling substances that contaminate stormwater. Releases of pollutants shall be corrected as soon as identified. Non -Chemical Pest Control measures shall be taken to prevent development of insects, mosquitoes, and rodents. Stormwater Management Manual 4,24 Eugene 2014 STORMWATER MANAGEMENT FACILITY INSPECTION & MAINTENANCE LOG Property Address: Inspection Date: Inspection Time: Inspected By: Type of Stormwater Management Facility: Location of Facility on Site (In relation to buildings or other permanent structures): Water levels and observations (ponded water, Oil sheen, smell, etc.): (Approximate Date/rime of Last Significant Rainfall): Sediment accumulation & areas of erosion. Record sediment removaVerosion repair: What is the current condition of vegetation? Record survival rates, invasive species present, number of dead plants, etc.) Record any replacement plants and type of vegetation management (mowing, weeding, etc.) What is the condition of physical properties such as inlets, outlets, piping, fences, and irrigation facilities? Record maintenance performed and replacement activities: Presence of insects or damage from animals. Record control activities: Identify safety hazards present. Record resolution activities: For assistance please call Public Works Maintenance at 541-682-4800. Email Fax REAL ESTATE LEASE AGREEMENT TRIPLE-NET—NON-RESIDENTIAL THIS LEASE AGREEMENT, is made and entered into this Click here to enter tesLday of Cl ick here to enter text., 20, by and between Click here to enter text, hereinafter called the Lessor, and Click here to enter text hereinafter called the Lessee. In consideration of the covenants, agreements, and stipulations herein contained on the part of the Lessee to be paid, kept and faithfully performed, the Lessor does hereby lease, demise and let unto the said Lessee those certain Premises, as is, situated in the City of Click here to enter text., County of Click here to enter textand State of Oregon, at Click here to enter text. and further described as approximately Click here to enter text, square feet upon the following TERMS and CONDITIONS: SECTION I. OCCUPANCY 1.1 Orieinal Term. The term of this lease shall commence on Click her to enter text, and continue through Click here to enter text . 1.2 Possession. Lessee's rights to possession and obligations under this lease shall commence on Click hereto enter text.. 1.3 Lessor, or Lessor's agent, shall have the right to place "For Lease", "For Sale" or similar such signs on the subject leased property at anytime within the last ONE HUNDRED AND EIGHTY (180) days of the lease term. The location of such signs shall be at the sole discretion of the Lessor (see also 18.7). SECTION 2. RENT (Also see Section 2.5 for Additional Rents) 2.1 Base Rent. Lessee shall pay to Lessor on the I" day of each month in advance at such place as may be designated by the Lessor, at the following rent schedule: NOTE: Base Monthly Rent does not include amount due for Additional Rents. The amount of base rent payable by the Lessee is not in any way dependent upon or related to the number of square feet in the Premises being leased by the Lessee from the Lessor pursuant to the terms of this Agreement. 2.2 Method of Payment. Lessor may, at Lessor's discretion and after providing a written notice to Lessee, require Lessee to remit any and all payments) due under the terms of this Agreement with cash or a cashier's check. 2.3 Late Pavment Charees. If Lessee fails to pay, within TEN (10) days after the due date thereof, any rent, Lessor advance, or other charge payable by Lessee under this Lease, then Lessee shall be obligated to pay to Lessor (in addition to the overdue principal amount of the rent, advance, or other charge) a late payment charge of $Click here to enter text. with said late payment charge being compounded monthly, for each month or fraction of a month during which the overdue principal amount remains unpaid. Payment date shall be that date on which Lessor receives said payment. 2.4 Security Deposit. Lessor retains a Security Deposit in the sum of $Click here to enter text, which is a refundable security deposit pursuant to the following terms and conditions: The deposit shall be a debt from Lessor to Lessee, refundable within THIRTY (30) days following expiration of the lease term or other termination not caused by Lessee's default. Lessor shall have the right to offset against the deposit any sums owing from Lessee to Lessor and not paid when due, any damages caused by Lessee's default, the cost of curing any default by Lessee should Lessor elect to do so, and the cost of performing any repair or cleanup that is Lessee's responsibility under this lease. Offset against the deposit shall not be an exclusive remedy in any of the above cases, but may be invoked by Lessor, as its option, in addition to any other remedy provided by law or this lease for Lessee's nonperformance. Lessor shall give notice to LESSEE LESSOR Page l of 12 6/320 Lessee each time an offset is claimed against the deposit, and, unless the lease is terminated, Lessee shall within TEN (10) days following such notice deposit with Lessor a sum equal to the amount of the offset so that the total deposit amount, net of offset, shall remain constant throughout the lease term. 2.5 Additional Rent. All taxes, insurance costs, utility charges, maintenance and other charges which Lessee is required to pay by this lease, and any other sum which Lessee is required to pay to Lessor or third parties shall be Additional Rent, and the aforementioned monthly tax payment shall be included in each month with the payment of the rents Upon annual Petty tax within 10 days of receipt of notice of amount due. Lessor shall also notify overpayment and said overpayment shall be credited against Lessee's monthly payment of rent and additional rents. SECTION 3. REPAIRS AND MAINTENANCE— SEE SECTION 19 3.1 Lessor's Obligations. The following shall be the responsibility of Lessor: (a) Lessor warrants that all heating, cooling, electrical and plumbing systems are in reasonable operating order at date of Lessee's possession. (b) Repairs and maintenance of the roof and gutters, exterior walls, bearing walls, structural members, and foundations. (c) Repair of sidewalks,driveways,curbs, parking areas, and mens used in common by Lessee and Lessor or Lessees of other portions of the same building. (d) Repair and maintenance of exterior water, sewage, gas and electrical services up to the point of entry to the leased premises. 3.2 Lessee's Obligation. The following shall be the responsibility of Lessee: (a) Maintenance, repair or replacement of interior walls, ceilings, Floor coverings, counters, cabinets, doors and windows and related hardware, light fixtures, switches, and wiring and plumbing from the point of entry to the premises. Lessee covenants and agrees to replace any and all ofthe plate glass broken, vandalized, or scratched on the leased premises during the term of this lease. Repair of the heating and air conditioning system to include ordinary maintenance. (b) Any Repairs necessitated by the negligence of Lessee, its invitees, customers, agents, employees, vendors, contractors, subcontractors, patrons, common carriers or suppliers, except as provided in Paragraph 7.1 dealing with waivers of subrogation. (e) Lessee is responsible for ordinary maintenance and repairs of the heating and air conditioning systems and is responsible for any extraordinary repair or replacement expenses regarding the heating and air conditioning systems. We require that you contact Commercial Air upon signing of Lease and have the HVAC units set up on the required maintenance schedule in order to maintain units and prevent major repair or replacement. The heating and air conditioning units must be serviced ata minimum of 3 times a year. Failure to do so would result in major expenses or replacement costs to Lessee for the HVAC units due to failure to maintain. Please have Commercial Air fax Lessor a copy of the maintenance schedule. (d) No exterior or interior painting to the premises is to be done without written consent of Lessor. (e) Any repairs or alterations required under Lessee's obligation to comply with laws and regulations as set forth in Paragraph 4.2 (a) below. (f) All other repairs to the premises which Lessor is not required to make under Paragraph 3.1 above. (g) Compliance with all reasonable rules and regulations respecting the use of the Leased Premises issued by Lessor from time to time and communicated to Lessee in writing. (h) Not commit waste, not suffer or permit waste to be committed, and not cause or permit any nuisance on or in the Leased Premises. LESSEE LESSOR F,g 2of12 613/20 (i) All office desks with chairs must have chair mats under each chair to protect the carpet 3.3 Lessor's Interference with Lessee. Any repairs, replacements, alterations, or other work performed on or around the leased to by Lessor shall be done in such a way as to interfere as little as reasonably possible with the use of the premises by Lessee. Lessee shall have no right to an abatement of rent nor any claim against Lessor for any inconvenience or disturbance resulting from Lessor's activities performed in conformance with the requirements of this provision. 3.4 Reimbursement for Repairs Assumed. If either party fails or refuses to make repairs which are required by this Section 3, the other party may make the repairs, and charge the actual costs of repairs to the first party. Such expenditures by Lessor shall be reimbursed by Lessee on demand, together with interest at the rate of TWELVE (12%) percent per annum from the date of expenditure by Lessor. Such expenditures by Lessee may be deducted from rent and other payments subsequently becoming due, or, at Lessee's election, collected directly from Lessor. Except in an emergency creating an immediate risk of personal injury or property damage, neither party may perform repairs which are the obligation of the other party and charge the other party far the resulting expenses unless at least THIRTY (30) days before work is commenced, the defaulting party is given notice in writing outlining with reasonable particularity the repairs required, and such party fails within that time to initiate such repairs in good faith. 3.5 hum.ctioo of Premises. Lessor shall have the right to inspect the premises at any reasonable time or times, during normal business hours and without undue interference to Lessee's business operations, to determine the necessity of repairs. Whether or not such inspection is made, the duty of Lessor to make repairs shall not mature until a reasonable time after Lessor has received from Lessee notice in writing of the repairs that are required. SECTION 4. USE OF THE PREMISES 4.1 Permitted Use. The premises shall be used For Click here to cater textand for no other purpose without the written consent of Lessor which written consent of Lessor can be withheld for any reason or no reason at the discretion of Lessor. Lessor makes no representations as to the suitability of the premises for Lessees anticipated use(s), and Lessee acknowledges that Lessee has through its own due diligence determined suitability and, except as may be specially provided otherwise herein, hefeby accepts the premises in the current "AS IS" condition. 4.2 Restrictions on Use. In connection with use of the premises Lessee shall: (a) Conform to all applicable laws and regulations of any public authority affecting the premises, and the use, including any requirements of any governmental agency relating to the use, storage, or spi Ilage of any hazardous waste or materials, and correct at Lessee's own expense any failure of compliance created through Lessee's fault or by reason of Lessee's use, but Lessee shall not be required to make any structural changes to effect such compliance unless such changes are required because of Lessee's specific use. Lessee shall indemnify and hold Lessor harmless from any and all liability, including Lessor's reasonable attorney's fees, which Lessor may incur by reason of any default of Lessee in compliance with this paragraph. (b) Refrain from any activity which would make it impossible to insure the premises against casualty, would increase the insurance rate, or would prevent Lessor from taking advantage of any ruling of the Oregon Insurance Rating Bureau or its successor allowing Lessor to obtain reduced premium rates for long-term fire insurance policies, unless Lessee pays the additional cost of the insurance. (c) Refrain from any use which would be reasonably offensive to other Lessees or owners or users of neighboring premises or which would tend to create a nuisance or damage the reputation of the premises. (d) Refrain from loading the floors beyond the point considered safe by a competent engineer or architect selected by Lessor. 4.3 Siens. Lessee is strictly forbidden from making any marks on or attaching any signs, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the premises without the prior written consent of Lessor. Should Lessor give consent for installation of any sign by Lessee, said consent would be subject to Lessor's approval of the proposed sign placement, method of installation, design, size, color, wording and evidence of approval by the prevailing local governmental authority. The entire cost related to any approved sign, design, construction and installation shall be the sole obligation of the Lessee. Immediately upon termination of Lessee's tenancy ail signs previously installed by Lessee shall be removed by Lessee, at Lessee's expense, and the area where the sign was LESSEE LESSOR P.,3 of 12 6/32a installed or attached, repaired to its original condition. 4.4 Parking. Lessee agrees to promptly comply with all parking instructions and restrictions as Lessor may, from time to time, impose for purposes of achieving the orderly and reasonable allocation of available on site parking amongst the Lessee and other occupants, customers, employees and agents of the subject property. SECTION 5. HAZARDOUS MATERIALS. Lessee shall not cause or permit any Hazardous Material (as defined in Section 5.3) to be brought upon, kept or used in or about the Leased Premises without the express prior written consent of Lessor (which Lessor shall not unreasonably withhold, provided that Lessee demonstrates to Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's business, and that such Hazardous Material will be used, kept and stored in a manner that complies with all laws, rules, ordinances and regulations relating to the storage and use of the Hazardous Material). Lessor's consent shall not he deemed to be a waiver by Lessor of its rights to indemnification by Lessee as stated in Section 5.1. If Lessee breaches the obligations stated herein, or if the presence of Hazardous Material on the Leased Premises caused or permitted by Lessee at any time after execution of this Agreement, results in any contamination of the Leased Premises or any other private or public property, including, without limitation, sewers or streets, or if contamination of the Leased Premises by Hazardous Material otherwise occurs for which Lessee is legally liable to Lessor or to any third party for damages resulting there from, then: 5.1 Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims, judgments, damages, penalties, fines, costs, expenses, liabilities and losses (including, without limitation, diminution in value of the Leased Premises, damages for the loss or restriction on use of the Leased Premises, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) that arise during or after the term of this Lease, as a result of or in connection with such contamination. The foregoing indemnification of Lessor by Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration Work required or recommended by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Leased Premises or any public facilities. 5.2 Lessee shall promptly take any and all actions, at its sole cost and expense, as are necessary or appropriate to return the Leased Premises or other private or public facilities to the condition existing prior to the introduction of any Hazardous Material to the Leased Premises; provided that Lessor's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld if such actions would not potentially have any material adverse effect on the Leased Premises or other private or public facilities. All contractors, laboratories and engineering firms (hereinafter "Consultants") chosen by Lessee to undertake any remedial action that may be necessary or appropriate on or about the Leased Premises or other private or public facilities shall be approved by Lessor prior to their employment by Lessee, which approval will not be unreasonably withhold. Consultants shall be licensed and bonded in accordance with all applicable laws. Duplicate copies of all reports and findings made by Consultants with regard to the condition of the Leased Premises or other private or public facilities shall be delivered to Lessor concurrently with their delivery to Lessee. Lessee shall have the work done by the Consultants at Lessee's sole risk, and the Lessee shall indemnify and hold Lessor and Lessor's agents and employees harmless from and against any and all loss, costs, liability, damage and expense relating to or arising from (1) any damage or injuries to Lessee, the Consultants, or the agents or assignees of either the Lessee or the Consultants, (2) for any third -party liability incurred by Lessee or the Consultants, and (3) for any damages or injuries suffered by Lessor, or Lessor's agents or employees by reason of any work done by the Lessee or the Consultants or their agents or employees. 5.3 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or wastes that is at becomes regulated by any local governmental authority, the State of Oregon, or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is designated as a hazardous substance pursuant to the Water Pollution Control Act (33 USC Section 1317); or defined as hazardous waste pursuant to the Resource Conservation and Recovery Act (42 USC Section 6901 et seq.); or defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 USC Section 9601 of seq.); or defined as a hazardous material pursuant to Article 90 of the Uniform Fire Code, as adopted by the City or County in which the subject property is located and, as amended from time to time. SECTION 6. ALTERATIONS 6.1 Alterations Prohibited. Lessee shall make no improvements or alterations to the leased premises of any kind without first obtaining Lessor's written consent. LESSEE LE.SSOIt__ — Page 4 of 12 61M0 6.2 Alterations Required. The improvements delineated on the work sheet, if any, attached hereto and made part of this lease shall be performed by the party designated and within the time stated on the work sheet. 6.3 Ownership of Alterations. All improvements and alterations performed on the leased premises by either Lessor or Lessee shall be the property of Lessor when installed unless the applicable Lessor's consent specifically provides otherwise. SECTION 7. INSURANCE 7.1 Insurance Required. Lessor shall be responsible for insuring the premises, and Lessee for insuring its personal property and trade fixtures located on the premises. Neither party shall be liable to the other for any loss or damage caused by water damage, sprinkler leakage, or any of the risks covered by a standard fire insurance policy with an extended coverage endorsement, and there shall be no subrogated claim by one party's insurance carrier against the other arising out of any such loss. Lessee shall reimburse Lessor for insurance at the rate of 1/12 of the annual premium payable as Additional Rents with base monthly rent in the amount of S _ per month. 7.2 Liability Insurance. Before taking possession of the premises, Lessee shall procure and thereafter during the term of the lease shall continue to carry the following insurance at Lessee's costs: Public liability, including bodily injury and property damage insurance in an acceptably rated company with limits of not less than $1,000,000.00 dollars for any one occurrence, $2,000,000.00 dollars in aggregate. The aforementioned requited insurance shall (1) cover all risks arising directly or indirectly, from or relating to, or out of Lessee's activities on or in regard to any condition of the leased premises whether, (2) shall protect Lessee against the claims of Lessor on account of the obligations assumed by Lessee under or pursuant to Paragraph 7.1 of the Lease Agreement, and (3) shall protect Lessor and Lessee against claims of all third persons. Certificates evidencing such insurance, and bearing endorsements requiring TEN (10) days' written notice to Lessor prior to any change or cancellation shall be furnished to Lessor prior to Lessee's occupancy of the property. SECTION S. UTILITIES AND SERVICES 8.1 Utility and Service Charges. Utilities and services shall be paid as follows: Utility and Service Lessor Lessee REMARKS Telephone ....................................... ( ) ( ) Electric Service ................. O ( ) Natural Gas Service ........................ ( ) ( ) Municipal Water Service ........... ( ) ( ) Sewer/Drainage Service ............... ( ) ( ) Refuse Collection ........................... ( ) ( ) LIGHT OPPICE USE ONLY Interior Janitorial Service ............... ( ) ( ) Storm Water Charges ...................... ( ) ( ) Landscape Care & Maintenance_._ ( ) ( ) Other............................................... ( ) ( ) 8.2 Telephone Service. Lessee hereby takes possession of said leased premises with telephone service in an "as -is" condition. Lessee acknowledges inspection of telephone service and accepts service as adequate. SECTION 9. TAXES 9.1 Personal Property Taxes, Lessee shall pay all property taxes assessed against Lessee's inventory, equipment, appliances and other personal property located on the subject leased premises. 9.2 Real Property Taxes. Lessee shall pay all real property taxes assessed against Lessor's real property. Lessee shall pay real property taxes at the rate of Click here to enter test, per month in addition to the monthly base rent, and the LESSEE LESSOR Page 5 of 12 6/3/20 aforementioned monthly tax payment shall be included each month with the payment of monthly base rent. Additional Rents shall be reconciled annually and adjusted accordingly. Upon annual presentation of Lane County Real Property Tax Statement, Lessee shall remit to Lessor any accumulated underpayment of real property tax within 10 days of receipt of notice of amount due. Lessor shall also notify Lessee of any accumulated overpayment and said overpayment shall be credited against Lessee's monthly payment of rent and additional rents. SECTION 10. DAMAGE AND DESTRUCTION 10.1 Partial Damage. If the leased premises are partly damaged, and Paragraph 10.2 below does not apply, the property shall be repaired by Lessor at Lessor's expense. Repairs shall be accomplished with all reasonable dispatch subject to interruptions and delays Gom labor disputes, and matters beyond the control of Lessor, and shall be performed in accordance with the provisions of Paragraph 3.3 above. 10.2 Destruction. If the leased premises are destroyed or damaged such that the cost of repair exceeds FIFTY (50%) percent of the value of the structure before the damage, either party may elect to terminate the lease as of the date of the damage or destruction by notice given to the other in writing not more than FORTY-FIVE (45) days following the date of damage. In such event all rights and obligations of the parties shall cease as of the date of termination, and Lessee shall be entitled to any prepaid amounts previously paid by Lessee, and attributable to the anticipated term. If neither party elects to terminate, Lessor shall proceed to restore the leased premises to substantially the same form as prior to the damage or destruction. Work shall be commenced as soon as reasonably possible, and thereafter shall proceed without interruption except for work stoppages on account of labor disputes and matters beyond the control of the Lessor. In the event that Lessor and Lessee are unable to agree as to (1) whether the costs of repair exceed fifty percent (50%) of the value of the structure before any damage to the structure, or (2) the amount of the rentreduction, if any, if the premises are partially damaged pursuant to Section 10.1 of (3) whether the rent should be abated during a portion of, or all of the period of time during which the structure or the premises are being repaired, pursuant to Section 10.2, or (4) whether the damage occurred or was caused as a result of the fault of the Lessee's invitees, customers, agents, employees, vendors, counselors, subcontractors, patrons, common carriers or suppliers, then any such dispute shall be resolved by arbitration in the manner provided in Section 20. 10.3 Rent Abatement. Rent payable by the Lessee shall be abated during the period of the term in which the damage to The premises is being repaired if the premises cannot be occupied in any manner by the Tenant during such period of the term in which repairs are being made, provided that there shall be no rent abatement where the damages to the premises occurred as a result of the acts or omissions of the Lessee or the Lessee's invitees, customers, agents, employees, vendors, contractors, subcontractors, patrons, common carriers or suppliers. 10.4 Damage Late in Termif damage or destruction to which Paragraph 10.2 would apply occurs within ONE (1) year prior to the end of the then current lease term, Lessee may elect to terminate the lease by notice in writing to Lessor given within THIRTY (30) days after the date of the damage. SECTION 11. EMINENT DOMAIN 11.1 Partial Taking. If a portion of the leased premises is condemned, and Paragraph 11.2 does not apply, the lease shall continue on the following terms: (a) Lessor shall be entitled to all of the proceeds of condemnation, and Lessee shall have no claim against Lessor as a result of the condemnation. (b) At the option of Lessor, Lessor may proceed in a reasonable manner to make repairs and alterations to the premises as are necessary to restore the remaining premises to a condition as comparable as reasonably practicable to that existing at the time of the condemnation, or Lessor can terminate the Lease Agreement, whereupon Lessor shall have no duty to restore the premises to any particular condition. (c) After the date on which title vests in the condemning authority or an earlier date on which alterations or repairs are commenced by Lessor to restore the balance of the property in anticipating of taking, the rent shall be reduced in proportion to the reduction in value of the leased premises as an economic unit on account of the partial taking. If the Lessor and Lessee are unable to agree upon the amount of the reduction of rent regarding a partial taking, the amount of the reduction of the rent shall be determined by arbitration in the manner as is provided in Section 20. (d) If portion of Lessor's property not included in the leased premises is taken, and severance damages are awarded LESSEE LESSOR Page6 of 12 6/320 on account of the leased premises, or an award is made for detriment to the leased premises as a result of activity by a public body not involving a physical taking of any portion of the premises, this shall be regarded as a partial condemnation to which subparagraphs 11.1 (a) and (e) apply, and the rent shall be reduced to the extent of reduction in rental value of the premises as though a portion had been physically taken. 11.2 Tutal Taking. If a condemning authority takes all of the leased premises or a portion sufficient to render the remaining premises reasonably unsuitable for the use which Lessee was then making of the premises, the lease shall terminate as of the date the title vests in the condemning authorities. Such termination shall have the same effect as termination under Paragraph 11.1 (a) above. Lessor shall be entitled to all of the proceeds of condemnation, and Lessee shall have no claim against Lessor as a result of the condemnation. 11.3 Sale in Lieu of Condemnation. Sale of all or part of the leased premises to a purchaser with the power of eminent domain in the face of a threat or probability of the exercises of the power shall be treated for the purposes of this Section 11 as a taking by condemnation. SECTION 12. LIABILITY AND INDEMNITY 12.1 Liens. (a) Except with respect to activities for which Lessor is responsible, Lessee shall pay as due all claims for work done on and for services rendered or material furnished to the leased premise and shall keep the premises free from any liens. If Lessee fails to pay any such claims or to discharge any lien, Lessor may do so, and collect the cost as additional rent Any amount so added shall bear interest at the rate of TWELVE (12%) percent per annum from the date expended by Lessor and shall he payable on demand. Such action by Lessor shall not constitute a waiver of any right or remedy which Lessor may have on account of Lessee's default. (b) Lessee may withheld payment of any claim in connection with a good -faith dispute over the obligation to pay, so long as Lessor's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within TEN 10) days deposit with Lessor cash or sufficient corporate surety bond or other surety satisfactory to Lessor in an amount sufficient to discharge the lien, plus any costs, attorney's fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. 12.2 Indemnification. Lessee shall indemnify and hold Lessor harmless and free from any and all costs, expenses and liabilities, including reasonable attorney's fees, arising by reason of any damage or injury to any person or property which may arise from or be due to (1) the occupancy or use of the premises by the Lessee or Lessee's invitees, customers, agents, employees, vendors, contractors, subcontractors, suppliers, patrons, or common carriers, and (2) any negligence or intentional misconduct of the Lessee or the Lessee's invitees, customers, agents, employees, vendors, contractors, subcontractors, suppliers, patrons, or common carriers, except to the extent that any such costs, expense or liability suffered by the Lessor was due solely to the negligence or intentional misconduct of the Lessor. SECTION 13. QUIET ENJOYMENT; MORTGAGE PRIORITY 13.1 Lessor's Warranty. Lessor warrants that it is the owner ofthe leased premises and has the right to lease them. Lessor will defend Lessee's right to quiet enjoyment of the leased premises from the lawful claims of all persons during the lease term. 13.2 Mortgage Priority. This lease is and shall he prior to any mortgage or deed of trust ("Encumbrance") recorded after the date of this lease and affecting the premises. However, if any lender holding such an Encumbrance requires that this lease be subordinate to the Encumbrance, then Lessee agrees that the lease shall be subordinate to the Encumbrance if the holder thereof agrees in writing with Lessee that so long as Lessee performs its obligations under this lease no foreclosure, deed given in lieu of foreclosure, or sale, pursuant to the teens of the Encumbrance, or other steps or procedures taken under the Encumbrance shall affect Lessee's rights under this lease. If the foregoing condition is met, Lessee shall execute the written agreement, and any other documents required by the holder of the Encumbrance to accomplish the purposes of this paragraph, if the premises are sold as a result of foreclosure of any Encumbrance thereon, or otherwise transferred by Lessor or any successor, Lessee shall attom to the purchaser or transferee. 13.3 Estoppel Certificate. Either party will within TWENTY (20) days after notice from the other, execute and deliver to the other party a certificate stating whether or not this lease has been modified, and is in full force and effect, and specifying urry modifications or alleged breaches by. the other party. The Certificate shall also state the amount of LESSEE LESSON_ P.,7of12 6/3/20 monthly base rent, the dates to which rent has been paid in advance, and the amount of any security deposit or prepaid rent. Failure to deliver the certificate within the specified time shall be conclusive upon the party of whom the certificate was requested, that the lease is in full force and effect, and has not been modified except as may be represented by the party requesting the certificate. SECTION 14. ASSIGNMENT AND SUBLEASE No part of the leased property may be assigned, mortgaged, or subleased, nor may a right of use of any portion of the property be conferred on any third person by any other means by the Lessee, without the prior written consent of Lessor, which consent of the Lessor can be withheld for any reason or no reason. If Lessee is a limited liability company or a corporation or any other type of legal entity, then no shareholder, partner, member or any other person controlling any interest in any such corporation, limited liability company, partnership or other legal entity shall have the right to transfer any interest in any such legal entity without the prior consent of Lessor, which consent shall not be unreasonably withheld. In the event that Lessor incurs attorney's fees, accountant fees or other professional fees in evaluating any proposed transfer of any (1) interest by any person of any ownership interest in the Lessee, or (2) any assignment or sublease regarding the premises, Lessee shall within ten (10) days of the receipt of any statement for any such professional fees and expenses, forthwith pay to Lessor all such fees of any professionals charged to Lessor by such professionals to evaluate any such proposed transfer of any interest in any legal entity or any proposed assignment or sublease regarding the premises whether or not the Lessor shall subsequently approve or disapprove any such proposed transfer of any ownership interest in the Lessee or any assignment or sublease regarding the premises or the Lease Agreement. SECTION 15. DEFAULT - THE FOLLOWING SHALL BE EVENTS OF DEFAULT 15.1 Default in Rent. Failure of Lessee to pay any rent or other charge within TEN (10) days after it is due. At no time is Lessor required to give any written notice to Lessee in the event that Lessee shall fail to pay when due any amount of base rent, monthly real property tax payment or monthly insurance premium payment. 15.2 Default in Other Covenants. Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within TWENTY (20) days after written notice sent by Lessor or Lessor's agent pursuant to Section 18.3 specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within the TWENTY (20) day period, this provision shall be complied with if Lessee begins correction of the default within the TWENTY (20) day period, and thereafter proceeds with reasonable diligence, and in good Faith to effect the remedy as soon as practicable. 15.3 Insolvency. Insolvency of Lessee; an assignment by Lessee for the benefit of creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing ofany involuntary petition or bankruptcy, and failure of Lessee to secure a dismissal of the petition within THIRTY (30) days after filing; attachment of or the levying of execution of the leasehold interest, and failure of Lessee to secure discharge of the attachment or release of the levy of execution within TEN (10) days. If Lessee consists of two or more individuals or business entities, the events of default specified in this paragraph 15.3 shall apply to each individual or business entity, unless within TEN (10) days after an event of default occurs, the remaining individuals produce evidence satisfactory to Lessor that they have unconditionally acquired the interest of the one causing the default If the lease has been assigned, the events of default so specified shall apply only with respect to the one then exercising the rights of Lessee under the lease. 15.4 Abandonment. Failure of Lessee for TEN (10) days or more to occupy the property for one or more of the purposes permitted under this lease unless such failure is excused under other provisions of this lease shall bean abandonment of the property. SECTION 16. REMEDIES ON DEFAULT 16.1 Termination. In the event of a default the lease may be terminated at the option of the Lessor by written notice to Lessee. Whether or not the lease is terminated by the election of Lessor or otherwise, Lessor shall be entitled to recoverdamages from Lessee in regard to the Lessee's defaults, and Lessor may re-enter, take possession of the premises and the property and all parts thereof, and remove any persons or property by legal action or by self-help with the use of reasonable force, and without liability for damages, and without having accepted a surrender. 16.2 Reletting. Following re-entry or abandonment, Lessor may relet the premises, and in that connection may make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but Lessor shall not be required to relet for any use or purpose other than that specified in the lease or which Lessor may reasonably LESSEE_ LESSOR P.,8of12 6/320 17.3 Holdover. (a) If Lessee does not vacate the leased premises at the time required, Lessor shall have the option to treat Lessee as a Lessee from month-to-month, subject to all of the provisions of this lease except the provisions for term and renewal. Failure of Lessee to remove fixtures, furniture, furnishing or trade fixtures which under this lease shall constitute a failure to vacate to which this paragraph shall apply if the property not removed will substantially interfere with occupancy of the premises by another Lessee or with occupancy by Lessor for any purpose, including preparation for a new Lessee. Lessee's monthly rent shall automatically increase to an amount equal to 150% of the last month's rental rate during the specified lease term, for any holdover period. (b) If a month-to-month tenancy results from a holdover by Lessee under this Paragraph 17.3, the tenancy shall be terminable at the end of any monthly rental period on written notice from Lessor, given not less than TEN (10) days prior to the termination date which shall be specified in the notice. Lessee waives any notice which would otherwise be provided by law with respect to a month-to-month tenancy. SECTION 18. MISCELLANEOUS 18.1 Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 18.2 Attorney Fees. If any civil claim or any legal action of any kind is instituted in connection with any controversy arising out of or regarding this Real Estate Lease Agreement or any part thereof, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge as the prevailing party's reasonable attorney's fees at trial, on appeal or in regard to a Petition for Review. In addition, the prevailing party shall be entitled to recover it's attorney's fees at trial or on appeal in regard to any and all matters or proceedings in any Federal Bankruptcy Court or in regard to any Federal Bankruptcy law matter, Eminent Domain Matter or under any probate proceedings or in connection with any State or Federal Tax Liens. In addition, the prevailing party shall be entitled to an award of reasonable attorney's fees in regard to any Bankruptcy proceedings in which any such prevailing party obtains relief from an automatic stay orjudicial stay or to enforce any right or obligation owed to the prevailing party. In addition, the prevailing party shall be entitled t0 an additional award of attorney's fees in any trial court, appellate court or any Bankruptcy Court reasonably estimated by the prevailing party and approved by any such court in regard to the enforcement of any judgment rendered in favor of the prevailing party. 18.3 Attorney fees. In any legal action to enforce the terms hereof or relating to the premises, regardless of the outcome, the Owner or agent shall be entitled to all casts incurred in connection with such action, including a reasonable attorney's fee. Tenant acknowledges all attorney's fees shall be classified and baled to tenant as "added rent'. 18.4 Notices. Any notice required or permitted under this lease shall be given when actually delivered or FORTY-EIGHT (48) hours after deposited in United States mail as certified mail addressed to the address first given in this Lease or to such other address as may be specified from time to time by either of the parties in writing. 18.5 Succession. Subject to the above -stated limitations on transfer of Lessee's interest, this lease shall be binding upon and inure to the benefit of the parties, their respective successors, and assigns. 18.6 Recordation. This lease shall not be recorded without the prior written consent of the Lessor. 18.7 Entry for Inspection. Lessor, or Lessor's agent, shall have the right to enter upon the premises, during normal business hours, in a manner that does not interfere with Lessee's business or Lessee's customers, to determine Lessee's compliance with this lease, to make necessary repairs to the building or to the premises, or to show the premises to any prospective Lessee or purchase, and, in addition, shall have the right, at any time during the last ONE HUNDRED EIGHTY (180) days of the term of this lease, to place and maintain upon the premises notices for leasing or selling the premises. 18.8 Interest on Rent or Other Charges. Any rent or other payment required of Lessee by this lease shall, if not paid within TEN (10) days after it is due, bear interest at the rate of twelve (12%) percent per annum from the due date until paid. 18.9 Proration of Rent. In the event of commencement or termination of this lease at a time other than the beginning or end of one of the specified rental periods, then the rent shall be prorated as of the date of commencement or termination, and in the event of termination for reasons other than default, all prepaid rent shall be refunded to Lessee or paid on its account. LESSEL LESSOR P.,10 of12 6/IR0 consider injurious to the premises, or to any Lessee which Lessor may reasonably consider objectionable. Lessor may relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some rent-free occupancy on other rent concession. 16.3 Damages. In the event of termination of the Real Estate Lease Agreement or of the lease, or the retaking of possession of the premises or the property following default, Lessor shall be entitled to recover immediately, without waiting until the due dam of any future base rent or other amomrt, or until the date fixed for expiration of the lease term, the following amounts as damages: (a) The lass of reasonable rental value, including but not limited to, all unpaid base rent, reimbursement of insurance premiums and expenses, reimbursement for repairs assumed by Lessor, all insurance costs, all real property taxes, utility charges and all other additional rent and damages of every type and kind owed by Lessee to Lessor from the date of Lessee's default until a new Lessee is, or with the exercise of reasonable efforts by Lessor could have been, secured and paying out to Lessor. (b) The reasonable costs of re-entry and reletting, including without limitation the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned by Lessee's failure to quit the premises upon termination, and to leave them in the required conditioning, any remodeling costs, attorney's fees, court costs, Agent commissions, and advertising costs. (c) Any excess of the value of the rent and all of Lessee's other obligations under this lease over the reasonable expected return from the premises for the period commencing on the earlier of the date of trial or the date the premises are relet and continuing through the end of the term. The present value of future amounts will be computed using a discount rate equal to the prime loan rate of major Oregon banks in effect on the date of trial. 16.4 Right to Sue More Than Once. Lessor may sue periodically to recover damages during the period corresponding to the remainder of the lease term, and no action for damages shall bar a later action for damages subsequently accruing. 16.5 Remedies Cumulative. The foregoing remedies shall be in addition to and shall not exclude any other remedy available to Lessor under applicable law. 16.6 Lessor's Right to Cure Defaults. If Lessee fails to perform any obligation pursuant to this Agreement, Lessor shall have the option, but not a duty, to perform any such Lessee obligation after thirty (30) days prior written notice to Lessee. All ofLessor's expenditures to correct Lessee's default shall be reimbursed by Lessee on demand with interest at the rate of twelve percent 02%) simple interest per year from the dale of the expenditure by Lessor. Such payment or action by Lessor shall in no way waive any other remedies available to Lessor because of any Tenant default. SECTION 17. SURRENDER AT EXPIRATION 17.1 Condition of Premises. Upon expiration of the lease term or earlier termination on account of default, Lessee shall deliver all keys to Lessor, and surrender the leased premises in good order and repair, reasonable wear and tear excepted, and broom clean. Alterations constructed by Lessee with permission from Lessor shall not be removed or restored to original condition, unless the terms of permission for the alteration so require. Lessee's obligations under this paragraph shall be subordinate to the provisions of Section 10 related to destruction. 17.2 Fixtures. (a) All fixtures, improvements or additions placed upon the leased premises during the lease term, other than Lessee's trade fixtures, shall, at Lessor's option, become the property of Lessor. If Lessor so elects, Lessee shall remove any or all fixtures which would otherwise remain the property of Lessor, and shall repair any physical damage resulting from the removal. If Lessee fails to remove such fixtures, Lessor may do so, and charge the cost to Lessee, with interest at the rate of twelve (12%) percent per annum, from the date of expenditure. (b) Prior to expiration or termination of the lease term, Lessee shall remove all furnishings, furniture, and trade fixtures which remain its property. If Lessee fails to do so, this shall be an abandonment of the property, and Lessor may retain the property, and all rights of Lessee with respect to it shall cease, or, by notice in writing given to Lessee within TWENTY (20) days after removal was required, Lessor may elect to hold Lessee to its obligation or removal. If Lessor elects to require Lessee to remove, Lessor may effect a removal, and place the property in public storage for Lessee's account. Lessee shall be liable to Lessor for the cost of removal, transportation to storage, and storage costs, plus interest at the rate of twelve (12%) percent per annum, on all such expenses from the date of expenditure by Lessor. LESSEE LESSOR ft. 9af12 6920 SECTION 19. OTHER AGREEMENTS BETWEEN LESSEE AND LESSOR (If left blank, then that was the intent of the parties) Drinking Water Protection Overlay District Compliance. Lessee to comply with Section 3.3-200 Drinking Water Protection (DWP) Overlay District of Springfield Development Cade requiring tenants to submit either a DWP exemption request or an approved application from the City of Springfield. SECTION 20. ARBITRATION If any dispute arises between Lessor and Lessee regarding matters pertaining to partial destruction, partial damage or partial taking, or rent abatement or rent reduction in regard thereto, such disputes shall be determined by arbitration. The arbitration of any disputes regarding this lease shall be restricted to the disputes described in Sections 10.1, 10.2, 10.3, 10.4 and 11.1 of this Lease Agreement unless the parties mutually agree in writing to resolve any other disputes pursuant to arbitration. Either Lessor or Lessee may request arbitration in the event that Lessor and Lessee are unable to resolve any dispute which is subject to resolution pursuant to arbitration as set forth in this Lease Agreement. For a period often (10) business days, not including Saturdays, Sundays and legal holidays, after a written request for arbitration is sent by either the Lessor or Lessee to the other party pursuant to Section 18.3, the parties shall attempt to agree upon the identity of the arbitrator who shall bean independent real estate appraiser or leasing agent, or other knowledgeable real estate professional with at least ten (10) years of experience. The parries shall thereafter promptly request in writing that the agreed upon professional real estate person agree to serve as an arbitratar in regard to any such disputed matter. 1£ the parties are unable to agree on the identity of an arbitrator, each party shall select an arbitrator with the above described professional qualifications and the two arbitrators shall select a third arbitrator, unless the parties agree (1) to submit a list of qualified arbitrators to the presiding judge of the Circuit Court of the State of Oregon for Lane County, and (2) that the selection by said presiding judge of single arbitrator shall be binding on the parties as to the identity of the arbitrator. The arbitrator or arbitrators shall proceed according to the Oregon Statutes governing arbitration, and the Oregon Rules of Civil Procedure and the local Lane County Court Rules if appropriate, shall apply in regard to the arbitration process, procedures and pleadings, if any. The award of the arbitrator or arbitrators shall have the effect as described in the Oregon Statues pertaining to arbitration. The arbitration shall in any event take place in Lane County, Oregon. The costs and fees of all arbitrators shall be shared and paid equally by Lessor and Lessee. Lessor and Lessee shall each pay their own attomey's fees and costs incurred in connection with the arbitration, regardless of the ruling, outcome or contents of any order or judgment entered in regard to the aforementioned arbitration. SECTION 21. ADDENDUM 21.1 An addendum signed by both the Lessor and the Lessee O is attached, ( ) is not attached hereto, and if attached becomes a part of this Lease Agreement, THIS SPACE INTENTIONALLY LEFT BLANK Page I I of 12 6/320 THIS IS A LEGALLY BINDING AGREEMENT. IF NOT UNDERSTOOD BY ANY PARTIES HERETO, THEY SHOULD SEEK COMPETENT LEGAL AND/OR ACCOUNTING ADVICE PRIOR TO SIGNING. DATED this day of , LESSOR: John P. Hummer LESSEE: ADDRESS: PO Box 2266 BUS. MAILING ADDRESS: Eugene, OR 97402 ALT. ADDRESS: PHONE: 541-683-1166 PHONE: FAX 541-683-2449 CELL: EMAIL: jphammer@nu-world.com FAX: EMAIL: TAX ID #: S. S. #: O.D.L.: LESSEE LESSOR _ N, 12 of 12 6/380 Narrative Response —Conditions of Approval 860 42nd Street Multi -Tenant Building 6/3/2020 Below is a summary of conditions of approval related to the Hammer Industrial Multi -Tenant building that was tentatively approved on April 8th, 2020. Each condition is followed by a short narrative of how each has been addressed on the Final Site Plan and associated documents. Conditions of Approval 1. The Final Site Plan shall provide for relocation of the water meters to a point inside the subject property at the edge of the 42nd Street right-of-way. The final site plan includes four water meters on the south end of the property at the edge of the 42nd Street right-of-way. Meters were not moved, however location was approved by City of Springfield Public Works and Springfield Utility Board. 2. The Final Site Plan shall provide for a Public Utility Easement satisfactory to SUB Water to accomodate the water meters inside the subject property. This easement is not necessary since meters are remaining in right-of-way 3. The Final Site Plan shall provide for relocation of the street trees at least 10 feet away from the water meters and backflow prevention devices. Landscape Plan was revised to move street trees more than 10' from water meters. 4. The Final Site Plan shall provide for relocation of the fire hydrant approximately 40 feet northward along the edge of the 42nd Street right-of-way. The Final Site Plan has been revised to move the proposed Fire Hydrant approximately 40 feet north of the original proposed location. 5. The Final Site Plan shall provide floor drains plumbed to sanitary sewer for all building floor areas equipped with overhead bay doors. Floor Drains inside overhead doors are shown for reference on sheet C-4.0. The drains will be shown for construction on architectural plans. 6. The Final Site Plan shall provide a suitable sampling point for each sanitary sewer lateral serving the tenant lease spaces within the building. Clean outs have been added between the mainline and building for each tenant space lateral that can be used as a sampling point. 7. The Final Site Plan shall relocate the sanitary sewer line from under the northern edge of the building to an alignment that runs beneath the parking lot or walkway at the front of the building. Sheet C-4.0 has been revised to move sanitary sewer line outside of the building. 8. Prior to approval of the Final Site Plan, the applicant shall enter into a maintenance agreement with the City of Springfield, whereby the applicant will provide routine maintenance for functionality of the infiltration planter serving the development site. A Maintenance Agreement is included with this submittal. 9. Prior to approval of the Final Site Plan, the applicant shall submit a suitable vegetation plan that provides for suitable plant species within each zone of the infiltration planter. The City of Eugene Stormwater Management Manual and Chapter 6 of the City's EDSPM can be referenced for design. A vegetation plan that provides for suitable plant species within each zone of the infiltration planter is included with the Final Site Plan. 10. Prior to approval of the Final Site Plan, the applicant shall provide a Stormwater Operations & Maintenance Agreement to the City for review to ensure the long-term maintenance and operation of the infiltration planter, consistent with maintenance criteria required by the EDSPM 3.03.1. The plan should designate maintenance responsibility for operating and maintaining the system, and should be distributed to all property owners and tenants of the site. A Stormwater Operations & Maintenance Agreement is included with the Final Site Plan. 31. Prior to approval of the Final Site Plan, a Notice of Stormwater Operations & Maintenance Agreement form shall be filed with Lane County Deeds and Records and evidence thereof provided to the City. Maintenance Agreement will be recorded at Lane County upon draft approval by City of Springfield. 12. To ensure a fully functioning water quality system and meet objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the infiltration planter shall be fully vegetated will all vegetation species established prior to approval of the Final Site Inspection and commencement of operations. Alternatively, if this condition cannot be met, the applicant shall provide and maintain additional interim erosion control/water quality measures acceptable to the Development & Public Works Department that will suffice until such time as the infiltration planter vegetation becomes fully established. The interim erosion control measures shall be in addition to the required plantings for the site. The infiltration planter included on the Final Site Plan will be fully vegetated with all vegetation species established prior to final approval of the final site inspection. Alternately, if this condition is not met, the applicant will provide and maintain additional interim erosion control/water gaulity measures acceptable to the Development & Public Works Department that will suffice until such time as the infiltration plater vegetation becomes fully established. 13. Prior to approval of the Final Site Inspection, the applicant shall replace any cracked, heaved, or damaged sidewalk panels along the 42nd Street frontage of the property. The sidewalk will be assessed at the end of construction to determine if there are any damaged sidewalk panels that need to be replaced. 14. The Final Site Plan shall provide for a "click to enter" gate opening system in addition to a Knox gate and key switch if the site access gate is to be electrically actuated. The Final Site Plan for the proposed site provides for a "click to enter" gate opening system in addition to the Knox gate and key switch. 15. The Final Site Plan shall provide for a Knox padlock on the 4 -foot wide man gate for the walkway connection to 42nd street. The Final Site Plan for the proposed site provides for a Knox padlock on the 4 -foot wide man gate for the walkway connection to 42nd street. 16. The Final Site Plan shall provide for "No Parking - Fire Lane" signage on both sides of the entrance driveway. - The Final Site Plan shows "No Parking -Fire Lane" signage on both sides of the entrance driveway of the proposed site. 17. The Final Site Landscaping Plan shall provide for at least three street trees along the frontage of the site. The Final Site Landscaping Plan shows three street trees along the frontage of the site. 16. The Final Site Landscaping Plan shall provide for installation of appropriate vegetation within the planter strip along the 42nd Street frontage of the site. The Final Site Landscaping Plan provides for lawn within the planter strip. 19. The Final Site Plan shall provide the manufacturer's cut sheets for the wall -mounted light fixtures to be used on the building demonstrating that the lighting throw is confined to the site to prevent glare and light trespass onto adjacent properties and rights-of-way. The Final Site Plan for the proposed construction provides the manufacturer's cut sheets for the wall -mounted light fixtures that are to be used on the building. The cut sheet information is shown on sheet C-5.1. Lights shall be aimed and shielded as necessary to prevent light trespass. 20. Prior to approval of the Final Site Plan, the applicant shall provide lease agreement language obligating all tenants to comply with Section 3.3-200 Drinking Water Protection Overlay District of the Springfield Development Code and requiring tenants to submit either a DWP exemption request or permit application to the City of Springfield. The applicant provided lease agreement language obliging all tenants to comply with Section 3.3-200 Drinking Water Protection Overlay District of the Springfield Development Cade in section 19 of the Lease Agreement (see attached). There is also language in Section 19 requiring tenants to submit either a DWP Exemption or approved application from the City of Springfield. 21. Prior to issuance of Final Building Occupancy for individual lease spaces, the applicant shall provide evidence of executed lease agreement(s) with language obligating the tenant(s) to obtain a DWP Permit or exemption prior to certificate of occupancy and commencement of operations within the lease space. The applicant will provide a lease agreement with language obligating tenant(s) to obtain a DWP permit or exemption prior to certificate of occupancy and commencement of operations within the lease space. 22. The construction plans for the project shall provide for a standard Springfield Wellhead Protection sign posted at the site during construction on a fence or stand-alone post in a highly visible location. A standard Springfield Wellhead Protection sign will be posted at the site during contruction on fence of stand-alone post in highly visible area. 23. The construction plans for the project shall include the wellhead protection notes described in Finding 78 of the site plan decision (Case 811-20-000048-TYP2). The wellhead protection notes described in Finding 78 of the site plan decision (Case 811-20-000048-TYP2) are included in the construction plans for proposed site. 24. The Final Site Plan shall provide for installation of standard Springfield Wellhead Protection signs at the trash enclosure, infiltration planter, and near the central loading zone (or in an acceptable location to be determined in consultation with the SUB Drinking Water Resource Protection Coordinator.) Proposed locations for these signs are shown on sheet C-2.0 25. The Final Site Plan shall provide for 24 inches of planting media in the stormwater infiltration planter. The base of the infiltration planter shall include a constructed medium comprising a mixture of sand, native soil, loam, and compost. The fractional organic content (FOC) in the constructed medium must be a minimum of 0.20 (i.e., 40-50%) organic matter. The Final Site Plan provides a 24" growing medium in the stormwater infiltration planter. The base of the infiltration planter includes a construction medium mixture of sand, native soil, loam, and compost. The FOC in the constructed medium is .20 (40-50%) organic matter. Shown on sheet C-5.1 26. The Final Site Plan shall provide for a physical concrete median splitter island in the site driveway that forces exiting vehicles to turn right onto 42nd Street. In consultation with City Traffic staff the access to the site has been modified to the north. Since original proposed driveway has been removed with no direct access to 42nd street, this condition is not applicable. 27. Prior to approval of the Final Site Plan, the applicant shall evaluate and install a traffic separator for the southbound left -turn bay of the signalized intersection, which is directly across 42nd Street from the subject site driveway. The City's Transportation Engineer shall scope and review the analysis for compliance with SDC 4.2-120.B.1 to ensure the mitigation measures will perform as designed and intended. - Same as above. 28. The property owner or their designee shall be responsible for ongoing and perpetual maintenance of the private stormwater facilities on the site to ensure they function as designed and intended, and to ensure protection of groundwater resources. Annual maintenance records shall be kept by the property owner or their designee and provided to the City for review upon reasonable request - normally within five business days. The property owner is aware of this requirement to provide ongoing and perpetual maintenance of the private stormwater facilities on the site, for protection of groundwater resources. Property owner is aware of record keeping requirement. N z SS a¢wmo 00 U-�J NN u xaNw NDOw z o 11-11 \ \\ \)\ « k E B. {\/\\ § LU )3 o \)§ }) \/\ X\ ,m y�0 ))\ Mc 50