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2022-006929 ~ 13843 SW Benchview Terrace DocuSign Envelope ID:8DF48FD5-A80E-457D-80F3-EC78DFBFFB66 Washington County,Oregon 2022-006929 01/28/2022 08:35:57 AM D-IRUL Cnt=1 Stn=31 RECORDS1 $35.00$5.00$11.00$60.00-Total=5111.00 RETURN TO: 1111111 Mill I 0 11111 1 1111 City of Tigard 02846177202200069290070070 Finance and Information Services I,Joe Nelson,Director of Assessment and Taxation ,,u%.�� and Ex-Officio County Clerk for Washington County, Contracts&Purchasing Oregon,do hereby certify that the within instrument of f . writing was received and recorded In the book of 13125 SW Hall Blvd. records of said county. Tigard,OR 97223 Joe Nelson,Director of Assessment and Taxation, c[,-t.o Ex-Officio County Clerk SPACE ABOVE FOR RECORDER'S USE CITY OF TIGARD COMPLIANCE AGREEMENT,DECLARATION OF RESTRICTIVE COVENANTS AND EQUITABLE SERVITUDE SDC EXEMPTION FOR ACCESSORY DWELLING UNIT THIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COVENANTS AND EQUITABLE SERVITUDE (the "Agreement") is made and entered into this 13th day of January 2022, by and between Monte and Caryn A. Harrell (the"Grantor") and the City of Tigard (the"City"). PURPOSE The City desires to exempt the construction of an accessory dwelling unit ("ADU") located at 13843 SW Benchview Terrace, Tigard, Oregon, and approved through case File No. ADU 2021-00022. (the "Project"), from payment of City of Tigard parks and transportation system development charges ("SDCs") pursuant to Tigard Municipal Code. The legal property description of said Project is set forth in Exhibit A,which also is attached hereto and incorporated herein by reference. The SDCs exempted for eligible Project units are shown on Exhibit B. Grantor desires to receive the exemption, to satisfy the conditions thereof, and to execute and record this Agreement for the purpose,in part,of creating restrictive covenants and an equitable servitude that shall run with the Project land and bind any and all subsequent owners of the Project for the term of this Agreement. AGREEMENT SECTION 1. REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE GRANTOR CONCERNING USE OF THE ACCESSORY DWELLING UNIT. Grantor hereby represents, covenants, warrants, and agrees that Grantor will not use the ADU on the Property as a short-term rental,as defined in Tigard Municipal Code 3.24(as amended July 9,2019), for a period of 10 years (the "Exemption Period") from the date of final approval of final inspection of the building permit ("Exemption Date"). For the purposes of this Agreement, posting a listing of the ADU on the Property on a short-term rental website is prima facie evidence that the property owner has violated this requirement. SECTION 2. COVENANTS TO RUN WITH THE LAND; EQUITABLE SERVITUDE. The Grantor represents,covenants,warrants and agrees that: a. The City is granting the exemption to the Grantor as an inducement to the Grantor to construct and operate the Project in accordance with the terms of this Agreement. In consideration of the receipt of the exemption, the Grantor has entered into this Agreement with the City and has agreed to restrict the use of the Project during the Exemption Period as set forth in this Agreement. SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page I of 7 DocuSign Envelope ID:8DF48FD5-A80E-457D-80F3-EC7BDFBFFB66 b. The representations, covenants,and restrictions granted by Grantor therein with respect to the Project shall be deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude running with the Project land in favor of and enforceable by City.These restrictive covenants and equitable servitude shall pass to and be binding upon the Grantor's successors in title including any purchaser,grantee, or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors, administrators, devisees, successors, and assigns of the Grantor or any purchaser,grantee, or lessee of any portion of the Project and shall pass to and be binding upon any other person or entity having any right,title, or interest in the Project. Each and every contract,deed,or other instrument hereafter executed covering or conveying the Project or any portion thereof or interest therein shall contain an express provision making such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that any such contract, deed, or instrument shall conclusively be held to have been executed, delivered, and accepted subject to such covenants, restrictions and charges regardless of whether or not such covenants, restrictions and charges are set forth or incorporated by reference in such contract,deed,or instrument. SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project land by enhancing and increasing the enjoyment and use of the owners and tenants of the development,the intended beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the exemption is granted. SECTION 4. COMPLIANCE. The Parties hereby agree that Grantor, if requested by the City, will provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling its obligations under this Agreement. SECTION 5. TERM OF AGREEMENT. The parties agree that this Agreement and the restrictive covenants and equitable servitude created hereunder become effective upon execution of this Agreement and will remain in full force and effect for a 10-year Exemption Period. Notwithstanding any other provision of this Agreement,this Agreement will terminate and be of no further force and effect in the event of a completed foreclosure by the primary financing lender or by a lender to whom the City has subordinated this Agreement,or their successors or assigns,or in the event of a delivery by the Grantor of a deed for the Project to the primary financing lender in lieu of foreclosure,or to a lender to whom the City has subordinated this Agreement,or their successors or assigns. SECTION 6. TERMINATION. The City may terminate this Agreement,without further liability,upon 30 days'notice and opportunity to cure. Notwithstanding termination, City may pursue any remedy provided for in Section 7. If the Grantor fails to perform or breaches any of the terms of this Agreement;or immediately and without notice and opportunity to cure if the City loses the authority to grant the exemption,as determined by its counsel or otherwise as lacking the authority to administer the exemption, or fails to receive or loses necessary funding, appropriations, limitations, or other expenditure or position authority sufficient to carry out the terms of this Agreement. SECTION 7. REMEDIES. If the Grantor defaults in the performance or observance of any covenant, agreement,or obligation set forth in this Agreement and if such default remains uncured for a period of 30 days after the notice thereof shall have been given by the City to the Grantor, then the City,at its option,may take any one or more of the following steps: a. Terminate the exemption of the Project or a portion thereof,in which case the SDC's exempted herein shall be immediately due and payable to City in the amounts shown on Exhibit B,along with interest accruing from the Exemption Date at the rate shown on the City's Master Fees and Charges Schedule for"SDC Financing" SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 2 of 7 DocuSign Envelope ID:8DF48FD5-A80F-457D-80F3-EC7BDFBFFB66 calculated semi-annually.City may,in addition to an action to collect SDC's due,withhold issuance of building or development permits until paid in full; b. Take such other action under this Agreement,at law,or in equity as may appear necessary or desirable to the City to enforce the covenants,agreements,warranties,and obligations of the Grantor hereunder. No waiver or delay in enforcing the provisions hereof as to any breach or violation shall impair, damage,or waive the right of any person entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. SECTION 8. RECORDING AND FILING. The Grantor shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the real property records of Washington County and in such other places as the City may reasonably request. The Grantor shall pay all fees and charges incurred in connection with any recording. The Grantor shall provide either the original recorded document or a certified copy of the recorded document within ten days of the date of this Agreement. SECTION 9. GOVERNING LAW;VENUE. This Agreement shall be governed by the laws of the State of Oregon. The courts of the State of Oregon,or to the degree necessary,the U.S.District Court for the District of Oregon,shall have exclusive jurisdiction over any action brought by or against the City under this Agreement. The Grantor hereby consents to such exclusive jurisdiction and waives any and all objections it might have thereto. SECTION 10. AUTHORITY. Grantor hereby represents,warrants,and certifies that: a. It possesses legal authority to apply for and accept the terms and conditions of the exemption and to carry out the proposed Project; b. Its governing body,if any,has duly authorized the filing of the application,including all understandings and assurances contained therein; c. The person identified as the official representative of the Grantor in the application is duly authorized to act in connection therewith and to provide such additional information as may be required. The Grantor's official representative has sufficient authority to make all certifications on its behalf; d. This Agreement does not and will not violate any provision of any applicable law,rule, regulation,or order of any court, regulatory commission, board, or administrative agency applicable to the Grantor or any provision of the Grantor's organic laws or documents; e. This Agreement has been duly executed by an official representative of Grantor,delivered by Grantor,and will constitute the legal,valid, and binding obligations of the Grantor,enforceable in accordance with their terms. SECTION 11. AMENDMENTS. This Agreement may be amended only by a written instrument executed by the parties hereto or by their successors and duly recorded in the real property records of Washington County. SECTION 12. SEVERABILITY. If any provision of this Agreement shall be invalid, illegal, or unenforceable,the validity,legality,and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. SECTION 13. CONSTRUCTION. The parties to this Agreement acknowledge that each party and its counsel have participated in the drafting and revision of this Agreement. Accordingly,the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 3 of 7 DocuSign Envelope ID:8DF48FD5-A80E-457D-80F3-EC7BDFBFFB66 interpretation of this Agreement or any amendment,modification,supplement,or restatement of the foregoing or of any exhibit to this Agreement. SECTION 14. NO LIMITATIONS ON ACTIONS OF CITY IN EXERCISE OF ITS GOVERNMENTAL POWERS. Nothing in this Agreement is intended, nor shall it be construed, to in any way limit the actions of the City in the exercise of its governmental powers. Itis the express intention of the parties hereto that the City shall retain the full right and ability to exercise its governmental powers with respect to the Grantor,the Project, the land, and the transactions contemplated by this Agreement to the same extent as if it were not a party to this Agreement or the transactions contemplated thereby, and in no event shall the City have any liability in contract arising under this Agreement by virtue of any exercise of its governmental powers. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. GRANTOR(s): MONTE HARRELL: CARYN A. HARRELL: By 50/--'(-, BC 44A)30 -Q (\k Signature ignature Name: 40-4cie 1`1afrt.1 Name: aa-NA VAC STATE OF ©r Q ) ss: County of ) The foregoing instrument was acknowledged before me this2 clay of 0 l ,2o 2 - ,by .64?le 4 Carp yet_rte Notary Public for +,'e State of OFFICIAL STAMP My commission expires: r9 C C 2 2S I + TANANY SUN SI VON PEOU C) NOTARY PUBLIC-OREGON � COMMISSION NO.1017673 MY COMMISSION EX?" "'S OCTOBER 6,2025 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 4 of 7 DocuSign Envelope ID:8DF48FD5-A80E-457D-80F3-EC7BDFBFFB66 CITY: CITY OF TIGARD,an Oregon municipal corporation DowSigned by. By: ` e,a�ra.ss� ,cg.. Steve Rymer,City Manager SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 5 of 7 DocuSign Envelope ID:8DF48FD5-A80E-457D-80F3-EC7BDFBFFB66 EXHIBIT A LEGAL DESCRIPTION OF THE PROJECT Lot 46,HILLSHIRE ESTATES,in the City of Tigard,County of Washington and State of Oregon SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 6 of 7 DocuSign Envelope ID:8DF48FD5-A80E-457D-80F3-EC7BDFBFFB66 EXHIBIT B SCHEDULE OF SDCs EXEMPTED System Exemption Amount City Transportation $4,128.00 Parks $7,591.00 Water NOT ELIGIBLE Sanitary Sewer NOT ELIGIBLE Stormwater NOT ELIGIBLE County Transportation Development Tax NOT ELIGIBLE Total Exemption $11,719.00 This SDC exemption is granted to the units located at the property address(es)listed below: 13843 SW Benchview Terrace Tigard,OR 97223 SDC EXEMPTION FOR ACCESSORY DWELLING UNIT Page 7 of 7