2019-040438 ~ 12553 SW Main Street Washington County,Oregon 2019-040938
D_E 06/27/2019 03:15:54 PM
Stn=2 S AKINS
$25.00$11.00$5.00$60.00 $101.00
AFTER RECORDING RETURN TO: 1,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
UNTIL A CHANGE IS REQUESTED
SEND TAX STATEMENTS TO:
NO CHANGE
This space is reserved for recorder's use.
PUBLIC ART EASEMENT
This Public Art Easement("Agreement") is made this 20" day of J time
2019, ("Effective Date") by and between Yu Xu("Grantor"),and the City of Tigard,an Oregon
municipal corporation("City").
RECITALS
A. The City seeks to place public art in and on public and private locations
throughout the City of Tigard.
B. Grantor owns the real property located at 12553 SW Main Street, Tigard, Oregon,
legally described in the deed recorded in the Washington County real property records as number
2017-043394. Grantor is willing to make the northeast-facing wall of the building available to
the City for the placement of a mural(the"Artwork"). The Artwork and its location are
described in Exhibit A, attached hereto and incorporated herein.
AGREEMENT
NOW THEREFORE,in consideration of the mutual promises and performances set forth
below,the parties agree as follows:
1. Grant of Easement. Grantor conveys, grants and warrants to the City, its
successors and assigns, an easement for the purpose of installing,maintaining, operating and
exhibiting the Artwork on the northeast-facing wall of the building, as shown in Exhibit A.
2. Term of Easement. This easement is for a period of five(5)years from the date
of execution. Unless terminated as provided in Section 3, the easement will automatically renew
thereafter,and remain in full force and effect unless and until terminated.
Page 1 —PUBLIC ART EASEMENT
3. Termination.
3.1 At the expiration of the five-year easement period, the easement may be
terminated by either party upon 30 days' written notice to the other party. Grantor
expressly agrees and warrants that upon expiration, the Artwork will be removed
at the Grantor's expense and the property restored to its prior condition. City may
terminate the easement and remove the Artwork at the City's expense. Such
removal will occur within 30 days of the termination of the easement, unless this
period is extended in writing by the City.
3.2 Within the initial five-year easement term or at any time thereafter,the easement
may be terminated by Grantor with the City's consent in writing upon Grantor's
showing of any of the following: i) that the property is to be sold and the buyer
requires removal of the easement as a condition of the purchase and sale; or ii)
that the property is to be refinanced and the lender requires removal of the
easement as a condition of the refinancing; or iii) that the property is to be
substantially remodeled or altered in a way that precludes continued maintenance
of the Artwork; or iv)that circumstances have materially changed and the
continued existence of the easement or maintenance of the Artwork substantially
impedes Grantor's reasonable use and enjoyment of the property. The City will
not unreasonably withhold consent to termination upon Grantor's satisfactory
demonstration of any of the foregoing conditions of termination.
3.3 The City may terminate the easement at any time at its sole discretion upon 30
days' written notice to Grantor, should Grantor fail to substantially perform
Grantor's obligations under Section 4, below. Should the City elect to exercise
this right of termination, Grantor expressly agrees and warrants that the Artwork
will be removed and the property restored to its prior condition. Such removal will
occur within 30 days of the termination of the easement, unless this period is
extended in writing by the City.
4. Maintenance and Removal of Artwork. The City is responsible for the
maintenance and, if necessary, repair of the Artwork described in Exhibit B during the existence
of the easement. The City may remove the Artwork from the property, if in the sole judgment of
the City, the Artwork is being excessively damaged.
5. Right of Entry. The City has the right to enter the property during normal
business hours, and at all other times with advance approval of the Grantor, for any and all of the
purposes described in this Agreement.
6. Binding Effect. The easement granted in this Agreement shall run with the land
and be binding upon and inure to the benefit of the Grantor and the City, and their
representatives, successors, or assigns, and any person or entity acquiring any right, title, or
interest in the property.
Page 2—PUBLIC ART EASEMENT
7. Notices. All notices, approvals, consents or requests given or made pursuant to
this Agreement will be deemed delivered(a)upon receipt by personal delivery when written
acknowledgment of receipt thereof is given, (b) if given by United States mail, certified mail,
return receipt requested, with postage prepaid, two (2) days after it is deposited in the mail, or(c)
if given by a nationally recognized overnight carrier prepaid for next business day delivery
("Delivery Date"). Notices will be addressed as follows until a new address for notices is
designated by notice in the manner provided in this paragraph to all other parties:
If to Grantor: Yu Xu
10755 SW Naeve St
Tigard, OR 97224
If to Grantee: City of Tigard
Attn: City Manager
13125 SW Hall Blvd
Tigard OR 97223
8. Amendments. The parties expressly reserve the right to modify this agreement,
from time to time, by mutual agreement. No modification or amendment of the provisions of this
agreement is effective unless in writing and signed by authorized representatives of the parties.
9. Remedies. The parties acknowledge that breaches of this Agreement will cause
substantial harm to the public interest which harm is difficult or impossible to prove actual
damages in an action hereunder. The parties agree that the prevailing party in an action for the
breach of this agreement will be entitled to a) liquidated damages in an amount of$2,500 per
material breach; b) specific performance of the terms of this Agreement, and each of them; c)
reasonable attorney's fees; and d) any other remedies available at law or in equity. The rights
under this Agreement are cumulative. The failure to exercise on any occasion any right does not
operate to forfeit the right on another occasion. The use of one remedy may not be taken to
exclude or waive the right to use another.
10. Severability. If any provision of this Agreement, or the application thereof to any
person or circumstances, to any extent, is held invalid, inoperative or unenforceable, the
remainder of this Agreement, or the application of such provision, to any other person or
circumstance will not be affected thereby. The remainder of this Agreement will be given effect
as if such invalid or inoperative portion had not been included. It may not be deemed that any
such invalid provision affects the consideration for this Agreement.
11. Recording. The parties may submit this Agreement for recording in the real
property records of Washington County. The party submitting the Agreement for recording will
pay the recording fee. Upon termination, either party may record a commercially reasonable
document evidencing termination of this Agreement. The parties agree to cooperate in the
preparation of such a document.
[Signature Page to Follow]
Page 3 —PUBLIC ART EASEMENT
GRANTOR CITY
Yu Xu, individually City of Tigard, an Oregon municipal
corporation
By:Name: `4 ) ' Nam: Ismr*y Nr.4 L -
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Its: M'#% k,r
STATE OF OREGON )
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County ofV&.,Sh ,,(-\ )
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This instrument was acknowledged before me on ‘....,e - \.9>A) 2019,by Yu Xu.
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I rt.:- t STEPHANIE JO TOLES �-
w� NOTARY PUBLIC-OREGON NOTARY PUBLIC FOR OREGON
�4" COMMISSION N0.980787
MY COMMISSION EXPIRES NOVEMBER 14,2022 My Commission Expires:(\GvP M CZ.kkA,,-XS" .
STATE
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STATE OF OREGON )
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County of Washington )
This instrument was acknowledged before me on �.. - , 2019, by
tecA-kin VV.Ak• .:.ci as ' 1.{k". (L c f the City of Tigard, an
Oregon municipal corporation.
s+, OFFICIAL STAMP
:.. STEPHANIE JO TOLES
e NOTARY PUBLIC-OREGON °\ A.A...A. ------
,
COMMISSION NO.980787
MY COMMISSION EXPIRES NOVEMBER 14,2022 NOTARY PUBLIC FOR OREGON
My Commission Expires: \A \4 l")-v : .
Page 4—PUBLIC ART EASEMENT
Exhibit A
Depiction of Artwork:
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Location:
The Artwork will be located on the north-east facing side of the building located at 12553
SW Main Street, Tigard, Oregon. The subject wall is shown below.
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