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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: Its: �_r. - M a V1 G elk— Its: ��di✓i l�zd ..� P��.�� 144 45.0 V- Date: 1016 1 ZugDate: I—oZ�Ll Page 2 -Agreement 50014-36794 Agreement-Dolan.docxURDID130/2014 Exhibit A Fanno Creek Regional Trail o4o A finaginei,• • •• Ti did • '' • • zv 1 • ♦W • • .• r` MJ • � -` Bim' • s � • pp zz .t � s • McnoNAW ST M• 60NIT�l� .rm _ • i° • • ti • DURNAM NO III SO eel • I do • r • _r • • .+-�'ii+www s • � Exhibit A 50014-36794 Agreement-Dolan,docxU R D1913012014