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HomeMy WebLinkAboutPK05-265 - Amendment - #1 - Mary Iverson - Titus Railroad Park Mural - 11/06/2007 v s KENT WA5HINGTON AMENDMENT NO. 1 TO AGREEMENT FOR ARTWORK (between City of Kent and Mary Iverson) s THIS AMENDMENT NO. 1 TO AGREEMENT FOR ARTWORK ("Amendment No. 1") is made between the CITY OF KENT, a Washington municipal corporation ("City"), and MARY IVERSON, a ; sole proprietor ("Artist"). I. RECITALS a 1.1 The City entered into an Agreement for Artwork ("Agreement") with Artist on July 19, 2005, for Artist to design, fabricate, and deliver to the City a mural created on panels to be installed in the City's Titus Railroad Park as approved by the Kent Arts Commission. i 1.2 After the mural was delivered and installed, it was discovered that the materials used were ineffective to properly protect the murals from the elements. The City agreed to split the associated repair costs with the Artist if the Artist agreed to extend the original warranty provisions in the Agreement through March 11, 2010. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, City and Artist agree as follows: 2.1 Compensation and Payment Schedule. Article 2.1 of the Agreement, entitled "Compensation and Payment Schedule," is amended to add the below payment provision following the last sentence which currently exists in Article 2.1: Payment of $2,000.95 Within 120 days of completing the necessary work required to repair the damaged sections of the mural and to properly protect the artwork from the damaging effects of graffiti and the environment, including a UV barrier, as provided in the Agreement and its Exhibit A. 2.2 Extensron of Warranty Provisions. The warranty provisions provided in Article 4 are amended to extend the warranties provided in the Agreement through March 11, 2010. 2.3 Ratification. All acts consistent with the authority of the Agreement and prior to the effective date of this Amendment No. 1, are hereby ratified and affirmed, and the terms of the Agreement and this Amendment shall be deemed to have applied. 2.4 Remaining Provisions. Except as specifically amended by this Amendment No. 1, all remaining provisions of the Agreement shall remain in full force and effect. AMENDMENT NO 1 TO AGREEMENT FOR ARTWORK - 1 (btwn City of Kent and Mary Iverson) a i IN WITNESS, the parties have executed this Amendment No. 1, which shall become effective on the last date executed below. MARY IVERSON CITY OF KENT B By: Print Name: Print e: Suzette Cooke Title: Tit M or Date: z&T 29 Z-gT7 Da o APPRO D AS TO FORM:. / By: C ty f Ke t L w Department o\Ovll\A�as\ODsnFla\OIOS20W1Marylwnan atwarkNmnemen[aoc AMENDMENT NO. 1 TO AGREEMENT FOR ARTWORK - 2 (btwn City of Kent and Mary Iverson)