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Home My WebLink AboutCAG2022-263 - Original - Sandra K. Newby - Wall Lease for Titus Railroad Mural - 06/01/2022Agreement Routing Form FOR CITY OF KENT OFFICIAL USE ONLY 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) Sup/Mgr: Dir Asst: DirlDep z%rtrKENT(Optional) WaSHtNGToN G oL CLo. Originator: Ronda Billerbeck Department: Parks, Recreation & Community Services Date Sent: 06/08/2022 Date Required: ASAP Authorized to Sign: Tluuyoror Designee Date of Council Approval: 03/ rs/2022 Budget Account Number: LO006223.64520.43t0 Budset? flvesf]rrro Grant? Yes Type: l\/tr g o ,yo ELora- E tPco E (UoL El Vendor Name: Sandra K. Newby Category: Lease Vendor Number: 2484665 Sub-Category: , €+her- OftfifVf,a,l LJ ProjectName: Wall Lease for Titus Railroad Mural ProjectDetails: Sandy Newby leases a space on the nofth wall of 109 2nd Ave. S. to the City for placement of a mural by artist Mary Iverson. The lease term is five years. Agreement Amount: $ 1/yea r Basis for Selection of Contractor: Othef 'Memoto Mayor must be ottached Termination Date: 0513112027Start Date:06/01 t2022 Local Businessiflves lf meets requitements per KCC 3.7a.1 00, please complete Uendor Purchase-Local Exceptions' fom on Cityspace. Yesntn-Proc"sIE""rpt (KCC 5.01.04s)Business License Verification:{ Notice uired prior to disclosure? No Contract Number:ch4egA-gb3 I,loL)vaEoccg|E a33Eo o OE Comments: K, ou t.{"t'n iii,r r,,, t. Date Received: City Attorney:Mayor's Office City Clerk's Office adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev. 2021 051 3 WALL LEASE AGREEMENT BETWEEN THE CITY OF KENT AND SANDRA K. NEWBY This Wall Lease Agreement ("Wall Lease") is made between Sandra K. Newby 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 ariby 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 to the City for nominal rent in exchange for the intangible benefits the program provides to Wall Owner and the public aenerally; 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 ine Wort< 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 17 x 45 feet on the exterior of the north wall of the building located at 109 2nd Avenue South, Kent, WA 98032 in the City of Kent, identified by King County Property Tax Parcel Nos. 9825700391, and legally described as follows: YESLERS l ST ADD TO KENT N 1/3 OF 1 1 & 1O LESS N 86.22 FT This Wall Lease grants the City the right to have a mural painted directly onto the wall by artist Mary lverson, and to mount a plaque that identifies the Work and its artist. The agreed upon design is a vibrant, colorful image painted in a contemporary style, with a nod to Kent's railroad history. During the term of this Wall Lease, tne iity may display, replace, or otherwise alternate Work only with the approval of the Wall Owner. 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. 2. Lease Term. The term of this lease is for a five-year period, which term shall commence at 12:00 a.m. on June 1, 2022, and terminate at 11:59 p.m' on May 31, ZOZ7, unless terminated earlier as provided for in Section 4 below. This lease will automatically renew for successive one-year terms unless either party provides the other party with advance written notice of its intent to not renew the lease' Such Wall Lease Agreement - 1 (Sandra K. Newby and CitY of Kent) 3 4 5 notice of nonrenewal shall be provided at least 60 days prior to the expiration of the current lease term. 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. Termination. This Wall Lease may be terminated by either pafty upon providing the other party with 60 days'advance written notice of such termination' Unimoaired Displav 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 Wall Owner agrees to relocate their current business sign (Rain & Co) to the far-left side, toward the top of the wall, and may add additional tenant signs directly below the Rain & Co sign, but will ensure that these signs will not overlap the Work at any time. Should the Wall Owner or its tenant re-quire any future modification to the 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. Wall Owner's Excused Performance. The City shall not require the Wall Owner to pe.forrn iny 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, iniluding, 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. Repair Upon Termination. At such time as this Wall Lease is terminated and the @removed,theCityagreestofillinthoseholesmadeinthewall to mount the plaque or Work to the wall. Sale of Wall Owner's Buildinq. In the event the building upon which the Work is e*ecuteO 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' Notices, All notices to be given by the parties shall be in writing and may either be serueO 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 shall be mailed to the addresses indicated below, or at such other address as a party may provide for in writing: 7 B 6. Wall Lease Agreement - 2 (Sandra K. NewbY and CitY of Kent) 9 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: CITY OF KENT Wall Owner Sandra Newby I770L l08th Ave. SE #1009 Renton, WA 98055 (206) 300-1882 City: Attn: Ronda Billerbeck City of Kent Parks, Recreation, & Comm. Svcs' 220 Fourth Avenue South Kent, WA 98032 (2s3) Bs6-s0ss Print Name Its: By Pri Its nt Name STATE OF WASHINGTON J couNrYoF KING i :*J*'-N%"fip SS I hereby ceftify that I know or have satisfactory evidence that person who ap peared before me, and said person acknowledged that he signed this stated that he is authorized to execute the instrument on behalf of theinstrument, on oath \.t\\\ s$}f\Q!]-as its and such execution to be the free and voluntary act of such party for the uses a nd purposes mentioned in the foregoing instrument. Wall Lease Agreement - 3 (Sandra K. NewbY and CitY of Kent) -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the .o PUBLIC, in and for Washington, residing at My appointment exPires DIALA KHALED Notary Public State of Washington Commission # 188104 My Comm. ExPires Qct 24, 2024 STATE OF WASHINGTON COUNTY OF KING ) ) ss. I hereby ceftify 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 pafty for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- \\tt tlt , I have hereunto set mY hand and cial seal the da Y n dJAIO NOTARY PUB in and for It\Or W of Washington, residing at ttt My appointment exPires +orAf,i I 120137 o{rgu\o Wall Lease Agreement - 4 (Sandra K. NewbY and CitY of Kent)