Dolan - Monument Sign ~ Agreement
THIS AGREEMENT ("Agreement") is made and entered into by and between Dolan and
Company, LLC ("Dolan") and City of Tigard (the "City") effective as of the last date of
signature indicated below.
RECITALS
1. Dolan owns property, located at 12550 SW Main Street, on which is located a blank
monument sign ("Monument").
2. The City desires to mount a sign on the Monument containing a map and information
regarding the Fanno Creek trail system ("Sign"), and Dolan desires to allow the City to
mount the Sign on the Monument. The Sign shall be similar to the sign attached and
incorporated as Exhibit A.
AGREEMENT
Now Therefore, for good and valuable consideration, the Parties agree as follows:
1. Dolan hereby grants the City and its contractors the right to enter onto and occupy
Dolan's property to access the Monument and install, maintain, clean, repair or
remove the Sign. This right of entry shall continue until this Agreement is terminated.
2. The City agrees to install, maintain, clean or repair the Sign, as needed. This
includes the obligation to clean up any graffiti on the Sign and Monument. The City
also agrees to repair any damages to the Monument caused by the installation or
removal of the Sign.
3. Dolan shall, at its own expense, maintain the Monument in good condition. The City
may repair or replace the Sign on the Monument as needed, in the City's sole
discretion, so that the Sign on the Monument is visible and in good condition.
4. Dolan hereby releases the City for any damages or loss of any kind, including
without limitation, direct, indirect, special, consequential, or punitive damages arising
out of the City's maintenance, repair, cleaning, or installation of the signage on the
Monument.
5. The City acknowledges and agrees that Dolan shall have no liability for the quality or
accuracy of the signage, and hereby releases Dolan for any damages or loss of any
kind, including without limitation, direct, indirect, special, consequential, or punitive
damages arising out of the use or installation of the signage, or related in any way to
the information contained therein.
6. The City's Project Manager for this Project is Sean Farrelly, 13125 SW Hall Blvd,
Tigard, OR 97223, sean@tigard-or.gov, or assigned designee upon individual's
Page 1 — Agreement 50014-36794 Agreement-Dolan.docAJ R D1913012014
absence. The contact for Dolan is ,7Lkt70 fAA . The Parties shall notify one
another in writing of any contact information changes during the term of this
Agreement.
7. This Agreement shall continue in perpetuity until terminated as provided for in this
Agreement.
8. This Agreement may be terminated by either party by providing written notice to the
other party. Termination shall be effective 30 days after the notice is provided to the
other party. During the 30-day period following notice, the City will remove the Sign
from the Monument.
9. This Agreement shall run with the land, and shall be binding upon the parties, and
their successors and assigns.
10.This Agreement may be executed in several counterparts (facsimile or otherwise) all
of which when taken together will constitute one agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart. Each
copy of this Agreement so executed will constitute an original.
11.This Agreement and the attached exhibit constitute the entire agreement between
the parties on the subject matter hereof. There are no understandings, agreements,
or representations, oral or written, not specified herein regarding this Agreement.
No waiver, consent, modification or change of terms of this Agreement will bind
either party unless in writing and signed by all parties and all necessary approvals
have been obtained. Such waiver, consent, modification or change, if made, will be
effective only in the specific instance and for the specific purpose given.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
Dolan City
By: By:
Nam 6 1A Name:
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Page 2 -Agreement 50014-36794 Agreement-Dolan.docxURDID130/2014
Exhibit A
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Exhibit A 50014-36794 Agreement-Dolan,docxU R D1913012014