Main Street - Street Banners Fat ..c2
RIGHT-OF-WAY AGREEMENT/ ENCROACHMENT(REVOCABLE PERMIT)
THIS AGREEMENT is entered into on June 26th, 2017, between the CITY OF TIGARD (the
"City") and Tigard Downtown Alliance (TDA).
RECITALS
A. The TDA has permission from the City of Tigard to use the cross street banner system on
Main Street,in the City of Tigard,Washington County,Oregon(the"underlying property").
B. Applicant desires to install a sculpture and manage a cross street banner program within the
City's right-of-way between the referenced on Main Street(the "encroachment"). See attached
exhibit A.
C. The City believes that the encroachment may be constructed and maintained in place without
significantly interfering with the use of the right-of-way, and is willing to allow the
encroachment through June 2018 and renewed annually,subject to removal by the City.
D. The City therefore agrees to permit the encroachment to be constructed and remain in place,
subject to the City's right to revoke that permission.
TERMS OF AGREEMENT
Property Owner,on behalf of Property Owner and all future owners of the underlying property,agrees:
1. To forego any and all claims that Property Owner might have at any time against the City
arising from work performed in the right-of-way due to the encroachment in the right-of-way,
including,but not limited to,damage to or removal of the encroachment;
2. The City may determine, in its sole discretion, the materials, means,and methods to be used in
performing work within the right-of-way;
3. Banner Management to be performed by the Tigard Downtown Alliance
a. The bottom most banner cable shall be at least 18 feet above the street.
b. The banners must be double-sided (printed on both sides).
c. The banners must be made of a mesh material.
d. The banners must use a minimum of two colors plus a background color. (Design
quality graphics are encouraged.)
e. Banners must beat least 36 inches tall and a finish size of at least 240 inches long.
f. Banners may be displayed for the following downtown community events: Art Walk,
Street Festival, Downtown Farmers Markets, Trick or Treat on Main Street, Tree
Lighting, Taste of Tigard Food Festival plus a generic banner that welcomes visitors
downtown.
g. Other banners for community events may be displayed at the discretion of the TDA for
other community events with the approval in writing of the City Manager or the City
Manager's designee.
h. Only one community event may be displayed at one time on each side of the banner.
i. Banners must be removed by the TDA within 5 days after each community event
4. On demand of the City, to remove the encroachment or such part of it as needed to allow the
City to exercise full use of its right-of-way.
5. In the event that the City determines that continued occupation of the right-of-way by the
encroachment is inconsistent with the City's right to use the right-of-way, the City may revoke
this agreement Any such revocation shall be communicated to the TDA or successor in
interest at least 30 days in advance,unless an emergency situation does not allow the full notice
period.
It is covenanted and agreed between the parties hereto that all the covenants and agreements above
expressed shall be held to run with and bind the property described herein, and shall extend to and
include their heirs, assigns, devisees, lessees, and holders of any kind of and under TDA. This
paragraph does not limit the City's unilateral right to terminate this agreement as provided above.
This agreement allows the encroachment as built to remain, but does not allow any expansion of the
encroachment within the right-of-way. If the City undertakes any work that requires removal of the
encroachment, the City will allow the encroachment to be reconstructed without expansion, if
consistent with continued operation of the City's facilities in or use of the right-of-way. All rights and
privileges granted herein by the City shall terminate upon the non-conformance to the plot plan or
discontinuance of such use.
WITNESS our hand this ;;•r-leiday of Month d.X1 ,Year CJ 11 .
Tig own own
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President of the Board Signature
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Mailing Address
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BETSY GALICIA
NOTARY PUBLIC-OREGON
COMMISSION NO.925741
STATE OF OREGON) MY COMMISSION EXPIRES MARCH 09,2018
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County of Washington)
This instrument was acknowledged before me this 2 Z- day of Month -w✓te.,Year g-a 11 .
Notary's Signa' re
My Commission Expires:
In accordance with Section 15.16 of the City of Tigard Municipal Code
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'1• of ._r_. City Manager
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STA 11..OF OREGON)
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County of Washington) (Q 17 {date)
This instrument was acknowledged before me on (name of person(s)).
by: //G+- a - #0'-•
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.'r*'. OFFICIAL STAMP Notary's Si: ture
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•.w-;::.r , KELLY E BURGOYNE ,
" + NOTARY PUBLIC - OREGON My Commission Expires:
Nr,;�`i COMMISSION NO.958991
MY COMMISSION EXPIRES FEBRUARY 12,2021
TDA
To: Marty Wine,Community Development staff& Elected Officials
From:Tigard Downtown Alliance
Re: Overhead Cabling System Gift
Date:6-20-2017
Dear City Manager, Community Development Staff and Elected Officials;
As you know,the Tigard Downtown Alliance has been diligently working towards completion on an
overhead cabling system for the past two years.These specially designed 24' high banner poles are
intended for messaging downtown and community related events. Each structure includes an artistic
element of 10 blown glass floats that will add another component that ties into our transforming
downtown district.
This project has been a collaborative, challenging and educational lesson on many fronts.Another
example of public and private partnerships,this project has been fully funded by community partners
such as yourself,the TDA, our local Chamber of Commerce, corporate sponsors, business owners,
foundations, property owners, and a large grant from the WCVA(Washington County Visitors
Association).
On behalf of the Tigard Downtown Alliance it is our pleasure to gift to the City of Tigard upon
completion our latest contribution to downtown Tigard—The Overhead Cabling System.
A dedication ceremony will take place soon to recognize our joint efforts. We intend to invite the
community at large, our funders, recognize our contractors, Ben Dye (artist), as well as thank those who
volunteered countless hours to bring this project to completion.
Sincere) ,
Ste e ' Angelo
gard Downtown Alliance President