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HomeMy WebLinkAboutCAG2021-038 - Original - MBA Harrison Square I, LLC - Kent Downtown Mural Project: Wall Lease - 05/01/2021 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: } • For Approvals,Signatures and Records Management Dir/Dep: --. ��r!� KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms (Optional) WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Ronda Billerbeck Mayor's Office Date Sent: Date Required: o 01/15/2021 1/31/2021 a Authorized to Sign: Date of Council Approval Q ©✓ Director or Designee Mayor *3/10/2020 Budget Account Number: Grant?FYes Flo 19026223.66500.4310 Budget?El Yes E]No Type: N/A Vendor Name: Category: MBA Harrison Square I, LLC Lease Vendor Number: Sub-Category: = 141951 Other 0 R Project Name: Kent Downtown Mural Project E L 0 Project Details: Lease of wall for mural - $1/year for two year term c a, E Agreement Amount: $ 2.00 Basis for Selection of Contractor: Other 0) *Memo to Mayor must be attached 1. Start Date: Termination Date: 4/30/23 Q Local Business?®✓ Yes®No* lfineets requirements per KCC3.70.100,please complete"Vendor Purchose-LocalExceptions"formonCityspace. Business License Verification:ElYes 1:1In-Process MExempt(l 5.01.045) Notice required prior to disclosure? Contract Number: z®Yes FNo /./1/.� 7�1�7 — J19 Comments: *Funds approved as part of 2020 City Art Plan 3 Mq, i 41 Date Received by City Attorney: R C p� Date Routed to the Mayor's Office: Vf Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements rev.200821 WALL LEASE AGREEMENT BETWEEN THE CITY OF KENT AND MBA HARRISON SQUARE I, LLC AND MBA HARRISON SQUARE II, LLC This Wall Lease Agreement ("Wall Lease") is made between MBA Harrison Square I, LLC, a Washington limited liability company, and MBA Harrison Square II, LLC, a Washington limited liability company, as Lessor (herein called "Wall Owner"), and the City of Kent, a Washington municipal corporation, as Lessee (herein called the "City"), and is effective on the last date signed below. WITNESSES THAT: The City has long since maintained an art program that expands the public's experience with visual art by placing works of art in public places and in places open to the view of the public; and The Wall Owner wishes to participate in the City's program by leasing exterior wall space—fo-the City for nominal—renfin excTiange for tt a iintangible—benefits the program provides to Wall Owner and the public generally; and Wall Owner wishes to lease one exterior wall of Wall Owner's building for the City's exhibition of a mural or other work of art that the City may wish to pursue in the future (collectively referred to as the "Work"), along with the installation of a plaque that identifies the Work and its artist, that will be open to the view of the public from nearby public right(s) of way; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows: 1. Leased Area. The Wall Owner hereby leases to the City a space approximately 14 feet x 20 feet on the exterior of the east wall of the building located at 403 W. Meeker Street in the City of Kent, and identified by King County Tax Parcel Number 982570-0265 and legally described as follows: THE EAST 40 FEET OF LOTS 4 AND 17, AND ALL OF LOTS 5, 6, 15, AND 16, BLOCK 5, YESLER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOL. 5 of PLATS, PAGE 64, IN KING COUNTY, WASHINGTON. This Wall Lease grants the City the right to have a mural painted directly onto the east wall, or to physically mount panels or other Work on the exterior of the leased wall, and to mount a plaque that identifies the Work and its artist. During the term of this Wall Lease, the City may display, replace, or otherwise alternate Work as the City determines in its sole discretion is appropriate. The mounting process may involve an anchoring system to secure the Work and any identifying plaque to the wall, which could leave holes or other defects in the wall's appearance. These holes or defects will be filled by the City when the Work is removed or this Wall Lease is terminated. Wall Lease Agreement - 1 (MBA Harrison Square I, LLC/MBA Harrison Square II LLC and City of Kent) 2. Lease Term. The term of this lease is for a two-year period, which term shall commence at 12:00 a.m. on May 1, 2021, and terminate at 11:59 p.m. on April 30, 2023, unless terminated earlier as provided for in Section 4 below. This lease will automatically renew for successive two-year terms unless either party provides the other party with advance written notice of its intent to not renew the lease. Such notice of nonrenewal shall be provided at least 60 days prior to the expiration of the current lease term. 3. Lease Rate. The City shall pay the Wall Owner the agreed leasehold sum of one dollar ($1.00) per annum for the term of this Wall Lease. �M�b 4. Termination. This Wall Lease may be terminated by either party upon providing the other party with 60 days' advance written notice of such termination. 5. Unimpaired Display of Work. The Wall Owner agrees that it will not intentionally destroy, obliterate, damage, alter, modify, or change the Work, or in any way restrict or obstruct its view from the general public from nearby public right(s) of way during the lease term. The Wail Owner agrees not to post signs or posters of any kind on the same wall as the Work. Should the Wall Owner or its tenant require any future modification to the east wall that will interfere or otherwise affect or impact the Work in any way, the Wall Owner will advise the City of such need, and the parties will reasonably negotiate with one another in an effort to accommodate the needs of both the City and the Wall Owner. If the parties are not able to reasonably resolve the matter, the Wall Owner may terminate this Lease in accordance with Section 4 above. 6. Wall Owner's Excused Performance. The City shall not require the Wall Owner to perform any of its obligations under this Agreement in the event that Wall Owner's performance is made impractical or impossible because of unforeseeable causes beyond the Wall Owner's control and without Wall Owner's fault or negligence, including, but not limited to, acts of God or of the public enemy; acts of the City or any other governmental body; fires, floods, epidemics, quarantine restrictions, or unusually severe weather; provided that the Wall Owner shall give notice to the City, in writing, of the causes of any such act, hindrance, or delay within fifteen (15) calendar days after its occurrence. 7. Repair Upon Termination. At such time as this Wall Lease is terminated and the Work and plaque are removed, the City agrees to fill in those holes made in the wall to mount the plaque or Work to the wall. 8. Sale of Wall Owner's Building. I_n the event the building upon which the Work is executed is offered for sale during the term of this lease agreement, the Wall Owner must either condition such sale upon the acceptance of and adherence to the terms of this lease by the new building owner, or not close on the sale until after the Wall Owner has provided the City with proper and timely notice of the Wall Owner's termination of the lease in accordance with Section 4. 9. Notices. All notices to be given by the parties shall be in writing and may either be served personally or may be deposited in the United States mail, postage prepaid, which notice shall be deemed given upon the third day following mailing. Notices Wall Lease Agreement - 2 (MBA Harrison Square I, LLC/MBA Harrison Square II LLC and City of Kent) shall be mailed to the addresses indicated below, or at such other address as a party may provide for in writing: Wall Owner: City: Attn: Bruce Anderson Attn: Ronda Billerbeck MBA Harrison Square I, LLC City of Kent Parks, Recreation, & Comm. Svcs. MBA Harrison Square II, LLC 220 Fourth Avenue South 7420 SE 241h St., Suite 4 Kent, WA 98032 Mercer Island, WA 98040 (253) 856-5055 (206) 402-15Z 5 IN WITNESS WHEREOF, the parties have executed this Wall Lease by having the signatures of its authorized representatives affixed in the spaces provided below. WALL OWNER: CITY: MBA Harr' on ua-e C --_ - TTY—Of-,—IT C By: By: lJ Print Name: Print Name: Dana Ralph Its: Its: Mayor MBA Ha 'son Square II, L By: Print Na e: 'AS Its: Notary Acknowledgments Appear on Following Page Wall Lease Agreement - 3 (MBA Harrison Square I, LLC/MBA Harrison Square II LLC and City of Kent) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that M. Bruce Anderson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of MBA Harrison Square I, LLC as its #114-� , and on behalf of MBA Harrison Square II, LLC as its _, and such execution to be the free and voluntary act of each pf those parties for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written ASE Bp&�����i NOTARY PUBLIC, in and for the State N�U 182896 y' of Washington, residing at N^ W14 �,A °&a0 __rr " My appointment expires Z STATE`OF�UW WAgN\1�N` q"4 ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN �./JTNESS WHEREOF, I hav hereunto set my hand and officia eal the \wit .1 day a t� i<la�ove written. , ti. L co 01 ms 01 ➢� s�QL%�� GD_ NOTARY PUBLIC, in and fort Stat c� ,, •p = — of Washington, residing at ��''148_22 `�O�`= My appointment expires (Q — a-- Wall Lease Agreement - 4 (MBA Harrison Square I, LL.0/MBA Harrison Square II LLC and City of Kent)