2017-089804 ~ SW Hunziker Rd Washington County,Oregon 2017-089804
D-IPPS
Stn=0 Y LOPEZ 11/15/2017 09:43:42 AM
AFTER RECORDING RETURN TO: $30.00$11.00$5.00$20.00 $66.00
CITY HALL RECORDS DEPARTMENT I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
CITY OF TIGARD Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
13125 SW Hall Blvd recorded in the book of records of said county.
Tigard,OR 97223 Richard Hobernicht, Director of
Assessment and Taxation,Ex-Officio
NO CHANGE IN TAX STATEMENT
Transaction Title: Property Management Agreement
Direct Parties: City of Tigard whose address is 13125 SW Hall Blvd, Tigard, OR, 97223
(hereinafter with its successors or assigns call "Recipient") and TC/EIL Tigard LLC (successor
to TC Tigard LLC, an affiliate of Trammell Crow Company), whose address is 1300 SW Fifth
Avenue, Suite 3050, Portland, OR, 97201 (hereinafter with its successors or assigns called
"Owner").
True and actual consideration: Zero dollars however, the actual consideration consists
of other property or value given and received,which is the whole thereof.
PROPERTY MANAGEMENT AGREEMENT
This Property Management Agreement dated this 6-4ay of May, is by and between the City of
Tigard whose address is 13125 SW Hall Blvd, Tigard OR, 97223 (hereinafter with its successors
or assigns called "Recipient"); and TC/EIL Tigard LLC (successor to TC Tigard LLC, an affiliate
of Trammell Crow Company), whose address is 1300 SW Fifth Avenue, Suite 3050 Portland,
OR 97201 (hereinafter with its successors or assigns called "Owner"):
RECITALS:
WHEREAS, Recipient submitted an application to the ECONOMIC DEVELOPMENT
ADMINISTRATION, UNITED STATES OF AMERICA, whose address is Main Commerce
Building, Washington, D.C. 20230(hereinafter with its successors and assigns called "EDA")
pursuant to the Public Works and Economic Development Act of 1965(Pub. L. 108-373, 42
U.S.C. 3121, et seq.); and
WHEREAS, by offer of Award, dated September 28, 2016 EDA offered
to Recipient a financial assistance award in the amount of$2,083,000 (hereinafter called the
"Award")to assist in financing publicly owned infrastructure to serve commercial and/or
industrial development on privately owned land, EDA Project No. 07-01-07346 (hereinafter
called "Project"); and
WHEREAS, as the purpose of the Project is to construct facilities to serve privately
owned land to establish a commercial center and/or industrial park, including sites for sale or
lease, such ownership, sale or lease is permitted so long as EDA requirements continue to be
met; and
WHEREAS, said Project is intended in part to serve the privately owned real property
described in Exhibit "A" attached hereto and incorporated herein (hereinafter with all
improvements thereon called "Property"); and
WHEREAS, the economic justification for the Project approved by EDA was based on
development and improvement to the Property;
WHEREAS, EDA in accordance with 13 CFR 314.7(c)(5) conditioned the award of
project assistance upon a binding, enforceable agreement between Owner and the Recipient
that for the estimated useful life of the Project assures consistency with the Project purpose of
establishing a commercial center and/or industrial park and the terms and conditions of the
Award, even when parcels may be leased or sold; and
WHEREAS, Recipient accepted Award subject to certain terms and conditions, pursuant
to which Recipient agreed to comply with the applicable requirements of 13 Code of Federal
Regulations, Part 314; and
WHEREAS, Owner is under contract to acquire the Property benefiting from the Project;
NOW THEREFORE, in consideration of financial assistance rendered and/or to be
rendered to Recipient and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, and to assure that the benefits of the Project will accrue to the
public and be used as intended by both EDA and Recipient, Owner and Recipient hereby
covenant and agree as follows:
1.The estimated useful life of the Project is 20 years.
2. As required by 13 CFR 314.7(c)(5)(iii), Owner agrees that for the estimated useful life,
Owner will use the Property only for a commercial center and/or industrial park, including sites
for sale or lease and in a manner consistent with the terms and conditions of the Award.
3. For the estimated useful life of the Project, Owner will not use the Property for
purposes other than a commercial center and/or industrial park, including sites for sale or lease,
such ownership, without the prior written approval of the Recipient, who must then seek prior
written approval from the Assistant Secretary, Economic Development Administration or his/her
designee or successor.
4. In accordance with 13 CFR 314.7(c)(5)(i)(D), the sale or lease of the Property during
the estimated useful life of the Project must be for adequate consideration and the terms and
conditions of the Award and the purpose of the Project must continue to be fulfilled after such
sale or lease. Owner intends to ensure that such requirements are fulfilled by making this
agreement run with the land for the duration of the estimated useful life as further described in
Section 6 below.
5. Under the Award, if the Property is used for purposes other than a commercial
center and/or industrial park, including sites for sale or lease or used inconsistent with the
Award terms and conditions, Recipient must compensate the federal government in the amount
of the grant funds disbursed or at the option of the federal government, the federal
government's fair share of the publicly owned infrastructure. Should the Recipient be required
to compensate the federal government under this Award, it shall do so without requiring any
contribution from the Owner, its successors, lessees, or assigns.
6. After the Effective Date, this agreement shall run with the land and be binding on
Owner and its successors or assigns and may be recorded in the property records of
Washington County, Oregon after the Effective Date. Upon sale of the property, Owner shall be
released from any obligations or liabilities arising under this agreement from and after the date
of such sale.
7. Until September 27, 2036, Owner agrees to provide, upon written request, but no
more frequently than annually, aggregated summary information on jobs and investment
generated on the Property.
8. The Parties acknowledge that Owner is an "Other Party"as defined in 13 C.F.R.
Section 302.20(bX1), because being an affiliated of Trammell Crow Company, it was specifically
named in the application for the Award as benefitting from the Project. The parties also
acknowledge, that the commercial center and/or industrial park on the Property is not being
constructed or improved, in whole or in part with EDA investment assistance. As an Other
Party, Owner, including its successors or assigns, and it lessees agree to comply with the
following requirements:
a) Section 601 of Title IV of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d
et seq.), and the DOC's implementing regulations at 15 C.F.R. part 8, which
proscribes discrimination the basis of race, color, or national origin.
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b) 42 U.S.C. 3123, 42 U.S.C. 6709, and the DOC's regulations at 15 C.F.R. part 8a,
which proscribe discrimination on the basis of sex
c) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the DOC's
implementing regulations at 15 C.F.R. part 8b, which proscribe discrimination on the
basis of disabilities; and
d) The Age Discrimination Act of 1975, as amended (43 U.S.C. 6101 et seq.), and the
DOC's implementing regulations at 15 C.F.R. part 20, which proscribe discrimination
on the basis of age.
9. This Property Management Agreement will become effective upon Owner's
acquisition and ownership of the Property(the"Effective Date").
ACKNOWLEDGED AND AGREED
LAtn,CUY
City of Tigard
13125 S.W.Hall Blvd City
Tigard.OR 97223 is h tot Date
STATE OF OREGON
County of Washington
- r -a4I
This instrument was acknowledged before me on _ $(date)
by i�/ 4/4 f t? (name of person(s)).
401;2 ', OFFICIAL STAMP
Cr CAROL ANN KR TEG G J
NpTARY PllBIIC - OREGON
Notary's Signature
Vi- COMMISSION NO.924954
MY COMMISSION EXPIRES FEBRUARY 10,2018 My Commission Expires:
TC/EIL Tigard LLC,a Delaware limited liability company("Owner")
By: Trammell Crow Portland Development II,Inc.,a Delaware corporation,
its Managing Member tt
By: Steven J.Wells,President ) 1 tl'7 Date
WITNESS our hand this 7'6 day of Month Arr 1 ,Year 317)1 .
STATE OF OREGON
County of Multnomah
This instrument was acknowledged before me this 1111 day of Month 1prn y ,Year at, ) 1 .
641001)(11
LL/1Ln
((°PRO NDA (''ermimsEMEY Notary's Signature
_hi NOTARY MEM-OREGON My Commission Expires: 40-I ( )
`4:7;1% COMMEINCR4 NG 950027
MYC OMMISION EXPIRES APRIL 28,2020
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EXHIBIT "A"
PARCEL I:
A tract of land created pursuant to Property Line Adjustment Deed recorded August 13, 2015. Recording No.
2015.068819. located in the Southwest one-quarter of Section 1,Township 2 South, Range 1 West of the
Willamette Meridian, in the City of Tigard. County of Washington and State of Oregon. and being more
particularly described as follows:
Commencing at the most Westerly Southwest corner of Lot 1 of"Tech Center Business Park". recorded in
Book 53, page 29 of Washington County Plat Records, said point also being on the Northeasterly
right-of-way line of the Southern Pacific Railroad and being the most Southerly corner of that property
described as Parcel V in that Deed to Fred W. Fields as Trustee of the Fred W. Fields Revocable Living Trust.
recorded on May 5.2010. as Document Number 2010-033975. Washington County Deed Records: thence
along said Northeasterly right-of-way line, North 41=55'03"West 1113.55 feet to a 518 inch iron rod with a
yellow plastic cap stamped "Northwest Surveying. Inc." and the Point of Beginning:thence leaving said
Northeasterly right-of-way line. North 29°34'10" East 713,78 feet to a 5/8 inch iron rod with a yellow plastic
cap stamped "Northwest Surveying.Inc.";thence North 60°25'50"West 440.00 feet to a 5/8 inch iron rod with
a yellow plastic cap stamped "Northwest Surveying, Inc." located on the Easterly line of that property
described as Parcel VI in said Document Number 2010-033975; thence along the Easterly line of said Parcel
VI. North 29°34'10" East 1055.76 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest
Surveying.Inc."located on the Southerly right-of-way line of S.W. Hunziker Street(30 feet Southerly from the
centerline thereof. when measured at right angles): thence along said Southerly right-of-way line 16.24 feet
along a non-tangent circular curve to the right,having a radius of 230.00 feet. a delta angle of 4°02'47". and a
long chord bearing North 62'58'39"West 16.24 feet to a 5/8 inch iron rod located at a point of tangency;
thence continuing along said Southerly right-of-way line, North 60°57'15"West 3.78 feet to the Northwest
corner of said Parcel VI:thence along the Westerly line of said Parcel VI. South 29 34'10"West 1614.75 feet
to a 5/8 inch iron rod located on the Northerly right-of-way line of said Southern Pacific Railroad:thence
along said Northerly right-of-way line.South 41°55'03" East 485.10 feet to the Point of Beginning.
EXCEPTING THEREFROM that portion described in Dedication Deed for road purposes recorded November
9.2016,Recording No.2016-092473.
The basis of bearings for this description is survey number 32010,Washington County Survey Records.
PARCEL II:
A tract of land created pursuant to Property Line Adjustment Deed recorded June 22.2015, Recording No.
2015-048836. located in the Northwest one-quarter of the Southwest one-quarter of Section 1.Township 2
South. Range 1 West of the Willamette Meridian. in the City of Tigard. County of Washington and State of
Oregon.and being more particularly described as follows:
Commencing at the most Westerly Southwest corner of Lot 1 of"Tech Center Business Park". recorded in
Book 53, page 29 of Washington County Plat Records, said point also being on the Northeasterly
right-of-way of the Southern Pacific Railroad and being the most Southerly corner of that property described
as Parcel V in that Deed to Fred W. Fields as Trustee of the Fred W. Fields Revocable Living Trust. recorded
on May 5,2010, as Document Number 2010-033975. Washington County Deed Records; thence along said
Northeasterly right-of-way line. North 41°55'03"West 1113.55 feet to a 58 inch iron rod with a yellow plastic
cap stamped "Northwest Surveying. Inc."; thence leaving said Northeasterly right-of-way line, North
29°34'10" East 713.78 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest Surveying,
Inc." and the Point of Beginning:thence continuing North 29`34'10" East 629.00 feet to a 5/8 inch iron rod
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with a yellow plastic cap stamped "Northwest Surveying, Inc.":thence North 60°25'50"West 440.00 feet to a
518 inch iron rod with a yellow plastic cap stamped "Northwest Surveying, Inc." located on the Easterly line
of that property described as Parcel VI in said Document Number 2010-033975; thence along the Easterly line
of said Parcel VI. South 29°3410"West 629.00 feet to a 518 inch iron rod with a yellow plastic cap stamped
"Northwest Surveying. Inc.";thence leaving said Easterly line, South 60°25'50" East 440.00 feet to the Point
of Beginning.
EXCEPTING THEREFROM that portion described in Dedication Deed for road purposes recorded November
9.2016. Recording No.2016-092473.
The basis of bearings for this description is survey number 32010,Washington County Survey Records.
PARCEL III:
A tract of land created pursuant to Property Line Adjustment Deed recorded August 13, 2015. Recording No.
2015-068820, located in the Northwest one-quarter of Section 1.Township 2 South. Range 1 West. of the
Willamette Meridian, in the City of Tigard. County of Washington and State of Oregon. and being more
particularly described as follows:
Commencing at the most Westerly Southwest corner of Lot 1 of"Tech Center Business Park recorded in
Book 53, page 29 of Washington County Plat Records, said point also being on the Northeasterly
right-of-way line of the Southern Pacific Railroad and being the most Southerly corner of that property
described as Parcel V in that deed to Fred W. Fields. as Trustee of the Fred W. Fields Revocable Living
Trust,recorded on May 5.2010, as Document Number 2010-033975, Washington County Deed Records;
thence along said Northeasterly right-of-way line, North 41°55'03"West 1113.55 feet to a 5/8 inch iron rod
with a yellow plastic cap stamped "Northwest Surveying. Inc."; thence leaving said Northeasterly
right-of-way line, North 29°34'10"East 1342.78 feet to a 5/8 inch iron rod with a yellow plastic cap stamped
"Northwest Surveying. Inc." and the Point of Beginning:thence continuing North 29"34'10" East 513.99 feet
to a 5/8 inch iron rod with a yellow plastic cap stamped"Northwest Surveying.Inc." located on the Southerly
right-of-way line of SW Hunziker Street(30 feet Southerly from the centerline thereof.when measured at right
angles); thence along said Southerly right-of-way line, North 71°51'14" West 421.12 feet to a point of
curvature thereon; thence continuing along said Southerly right-of-way line 27.51 feet along a tangent
circular curve to the right, having a radius of 230.00 feet, a delta angle of 6°51'12".and a long chord bearing
North 68°25'38" West 27.49 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest
Surveying, Inc."located at the Northeast corner of that property described as Parcel VI in said Document
Number 2010-033975; thence along the Easterly line of said Parcel VI.South 29°34'10"West 426.76 feet to a
5/8 inch iron rod with a yellow plastic cap stamped "Northwest Surveying, Inc.";thence leaving the easterly
line of said Parcel VI. South 60°25'50"East 440.0 feet to the Point of Beginning.
EXCEPTING THEREFROM that portion described in Dedication Deed for road purposes recorded November
9.2016. Recording No,2016-092473.
The basis of bearings for this description is survey number 32010,Washington County Survey Records.
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