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Home My WebLink AboutCAG2022-074 - Original - Sandra K. Newby - Access to Property Adjacent to Kherson Park - 02/23/2022FOR CITY OF KENT OFFICIAL USE ONLY Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) 5up/Mgr: Dir Asst: DirlDep: 1-dy'l- ft KENT (Optional) WASHtNGToN G oL CLo. Originator: Lynn Osborn Department: Parks, Recreation & Community Services Date Sent: 02/77 /2022 Date Required: Earliest opportunity Please Authorized to Sign: Mayor or Designee{ Date of Council Approval N/A Budget Account Number: N/A Budget? flves[lro Grant? Ves! ruoE Type: l\/tr co€ G ELorF E Pco EooL cD Vendor Name: Sandra K. Newby Category: License Vendor Number:Sub-Category: Original ProjectName: 116snse to Access Property adiacent to Kherson Park Project Details: license to project digital images from Kherson Park onto south-facing wall of adjacent private property, for parks programming only; binding covenant runs with the proPertY Agreement Amount: $0. 00 Start Date: Upon final signature Basis for Selection of Contractor: Oth e f* Memo to Mayor must be attached Termination Date: 20 Years Local BusinessZnves tf meets tequirements per KCC 3.70,100, please complete'\/endor Purchase-Local Exceptions" fom on Cityspace. Business License Verification:I V"r!rn-Process!Exempt (KCC s.01.04s) Notice uired prior to disclosure? No Contract Number: e n@Aaaa'a4+ UIoLJJGC'lECotE 3E .E o 0c Comments: Clllsz Zt__ FrB g 2 2022 KE NT L.AW Date Received: City Attorney:Date Routed: Mayor's Office City Clerk's Office adccw22373_1_20 Visit Documents.KentwA.gov to obtain copies of all agreements rev.20210513 2/23/22 2/23/22 2/25/222/22/22 Mayor signed 02/23/2022 City of Kent Parks, Recreation, and Community Services 220 4th Avenue South Kent, WA 98032 PROJECT NAME: Kherson Park Redevelopment A LICENSE TO ACCESS PROPERW This License to Access Property ("License") is between Sor..d"e.- K. Nsw bl ("Property Owner") and the City of Kent, a Washington Municipal Corporation ("City"). RECITALS Through the Kherson Park Redevelopment Project, the City is creating a new opportunity for creative arts and education programming. One way the City is expanding at this site is through the use of digital projection. The City will use this digital projection to support both digital arts and STEM-based educational activities. B This agreement will allow the City to use the south facing wall of the property for thbse digital projections. The City, as part of the Kherson Park Redevelopment Project, will have a digital projector mounted on a pole within the park, allowing the City to project movies, art, and educational content for the public. This projector and projection would be controlled by the City. NOW, THEREFORE, THE PROPERTY OWNER AND CITY AGREE AS FOLLOWS LICENSE 1. License Granted. Property Owner, as owner of real property located at 109 2nd Ave South, Tax Parcel No. 9825700391 ("Property"), does hereby grant the City the license to access the South facing facade ("Wall") on the Property according to the terms set forth in this License. 2. Scope of License. The City may access the Wall as may be necessary for the digital projection of programming and for no other purpose. This License is not exclusive and it does not exclude Property Owner from full possession of the Property. 3. Revocation and Termination. Property Owner grants this License for a period of 20 years from the Effective Date (the "Term"). Either party may terminate this license with at least 180 calendar days'written notice. 4. Maintenance. The City shall maintain the surface of the Wall it uses in a clean, well-kept, orderly condition. The City agrees to repair any damage to the Wall caused by the City's use of the Wall. Upon revocation, termination, or expiration of this L Kherson Park - License License, the City shall restore the Wall to its original condition that existed immediately prior to this License. 5. Indemnification. The City shall indemnify, defend, and hold the Property Owner harmless from and against any and all damages, losses, and expenses arising out of or resulting from any and all claims, actions, injuries, damages losses, or suits, including all reasonable legal costs, witness fees, and attorneys'fees, arising out of or in connection with the performance of any of the City's rights, obligations, or use granted by this License, except to the extent caused by the negligence of the Property Owner, their employees, agents, contractors, or invitees. This indemnification shall survive the termination of this License. 6. Venue and Jurisdiction. This License shall be construed and interpreted according to the laws of the State of Washington. Venue for any dispute arising out of this License shall be King County Superior Court. 7. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and will be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addrelses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY:LICENSEE: Sa-".[n-a- K . Ne,r,..tCity of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 \'1 6ov lar9 ffi-5.(W B. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Property Owner do not rely upon any statement, promise, or representation, whether oral or written, not e*pressed in this License. This License shall be effective upon the last day executed below (Effective Date). 9. Runs with the Land; Binding Covenant. The covenants, conditions, restrictions, obligations and liabilities of the Property Owner under this License are not personal, but run with, are binding upon and a covenant affecting the Property. As such, the City may enforce the covenants, conditions, restrictions, obligations and liabilities of the Property Owner under this License Agreement against Property Owner and its successors and assigns. 2 Kherson Park - License ua- 10. Signature in Counterparts. This License may be executed in two counterpafts, each of which shall be deemed to be an original and of equal force and effect. CITY OF KENT:PROPERTY OWNER: By:By:Ne^^lb Name:Name: Its:Its: 3 Kherson Park - License CITY OF KENT: STATE OF WASHINGTON ) : couNTY oF KING ) I hereby certify that I know or have satisfactory evidence that is the person w ho appeared before me, and said person acknowledged that they si ned this instrument,on oath stated that th authorized to execute the instrument on behalf of the CiW of Kent as its and such execution to be the free and voluntary act of such party for the u ses and purposes mentioned in the foregoing instrument. 4 Kherson Park - License SS -lVotary Seal MustAppear Wthin This Box- \and official seal the dayIN, I have hereunto set my hand and & z MOlo NOTARY PU and for tttltt op wA of Washington, residing attlr\\ My appointment expires 2 PROPERTY OWNER: STATE OF WASHINGTON COUNTY OF KING on this$. day of and for the State of Washington, perso ) ) ) SS lly a in topersonally known to me (or proved to me on be the person who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposes mentioned in this instrument. -NotarySeal MustAppear Wthin This tux- IN WINESS WHEREOF, I have hereunto set my hand and official seal the day \-pti.o Lecvrus NOTARY PUBLIC, in and of Washington, residing My appointnent expires for the State at ]cy.n* l\2a4 .2C)1-1- 5 Kherson Park - License