ORDINANCE No. 179875

*Authorize revised Restrictive Covenant and Easement Agreement with the Oregon Community Foundation for the Performing Arts Center (Ordinance)

Section 1. The Council finds:

 1.  In Ordinance No. 175113, the Council authorized the execution of a Restrictive Covenant and Easement Agreement, in substantially the form attached thereto as Exhibit A, related to a donor’s naming of the New Theater Building of the Portland Center for the Performing Arts in consideration of a gift by the donor to the Oregon Community Foundation’s Friends of the Performing Arts Center Capital Fund, the purpose of which is to make distributions for the repair and maintenance of the PCPA, for other purposes related to enhancing the quality of the facilities of the PCPA, and for certain fund-raising activities of the Friends of the Performing Arts Center.

 2.  The donor wishes to remain anonymous following the naming of the New Theater Building. In order to accomplish this, it is necessary to make certain revisions to the Restrictive Covenant and Easement Agreement previously approved by Ordinance No. 175113.

NOW, THEREFORE, the Council directs:

 a.  The Restrictive Covenant and Easement Agreement, in substantially the form attached hereto as Exhibit A, hereby is approved and substituted for the Restrictive Covenant and Easement Agreement previously approved by Ordinance No. 175113.

 b.  The Mayor and Auditor are hereby authorized to execute the Restrictive Covenant and Easement Agreement in substantially the form attached hereto as Exhibit A.

Section 2:  The Council declares that an emergency exists in order to accept the donation in a

reasonable fashion; therefore, this ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council: January 18, 2006        Gary Blackmer

Mayor Tom Potter            Auditor of the City of Portland

Nancy Ayres: dd            By: /S/ Susan Parsons

December 28, 2005              Deputy

BACKING SHEET INFORMATION

AGENDA NO. 55-2006

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179875