HomeMy WebLinkAboutCAG2023-418 - Original - Dinh Financials LLC - Kent Downtown Mural Project Wall Lease - 05/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY Lff
Sup/Mgr: GK
Agreement Routing Form DirAsst:4400
• For Approvals,Signatures and Records Management Dir/Dep:
KENTThis form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Ronda Billerbeck Parks, Recreation & Community Services
Date Sent: Date Required:
> 07/11/2023 ASAP
0
Authorized to Sign: Date of Council Approval:
Q F0Mayor or Designee 03/07/2023
Budget Account Number: Grant? YesD NOW]
10006223.64190.4310
Budget? Yes ONO Type: N/A
Vendor Name: Category:
Dinh Financials LLC Lease
Vendor Number: Sub-Category:
= Original
® Kent Downtown Mural Project
Project Name: j
oProject Details: Lease of wall for mural - $1/year for two year term.
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Basis for Selection of Contractor:
Agreement Amount: $2.00 Other
E *Memo to Moyormust be attached
Start Date: 05/01/2023 Termination Date: 04/30/2025
01
Q Local Business?�Yes❑No*lfmeets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: W Yes In-Process❑Exempt(KCC 5.01.045) 0Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
[—]YesFV—]No CA
2—OZ5— L .
Comments:
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[Date Received:City Attorney: 7/I9/Z3 Date Routed:Mayor's Office 7 2� City Clerk's Office 7f2*I2_
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
WALL LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND DINH FINANCIALS, LLC
This Wall Lease Agreement ("Wall Lease") is made between DINH FINANCIALS 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 to the City for nominal rent in exchange for the intangible 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 12
feet x 40 feet on the exterior of the east wall of the building located at 314 West
Meeker Street in the City of Kent, identified by King County Property Tax Parcel Nos.
982570-0380, and legally described as follows:
LOT A, CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2010-
14 RECORDED UNDER RECORDING NUMBER 20100520900001,
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.
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, 2023, and terminate at 11:59 p.m. on April 30,
2025, 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
Wall Lease Agreement - 1
(Dinh Financials, LLC and City of Kent)
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.
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 Wall 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.a. 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. In 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
shall be mailed to the addresses indicated below, or at such other address as a party
may provide for in writing:
Wall Lease Agreement - 2
(Dinh Financials, LLC and City of Kent)
Wall Owner: Cam:
Attn: Andrew Dinh Attn: Ronda Billerbeck
Attn: Dinh Financials, LLC City of Kent Parks, Recreation, & Comm. Svcs.
12601 E Marginal Way S 220 Fourth Avenue South
Tukwila, WA 98168 Kent, WA 98032
(206) (253) 856-5055
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:
Dinh Financials, LLC CITY OF KENT
By: v BY:
Print Name: Andrew Dinh Print Name: Da a Rainh
Its: (ii11 e Its: May
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Andrew Dinh 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 the
Dinh Financials as its 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-
tNI%WjTN5$/j WHEREOF, I have hereunto set my hand and official seal the
dayaM� f��f5'�ve written.
si
:(P ;,yAUB0Gti�~: 2 NO ARY PLK31LIC, in and for the State,
tp4`,'�•�A�0��� of Washington, residing at 5-ea
�0� ' \�0`\�� My appointment expires 10-6 S-LOU
Wall Lease Agreement - 3
(Dinh Financials, LLC and City of Kent)
STATE OF WASHINGTON )
: 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-
� �KI� p bjEREOF, I have hereunto set my hand and official seal the
day= - s76 o�•fg�i /1e�rritten.
i" 1Z0137 '"i
do
NOTARY PUBLIC, in and for thp Stage_
My
lof Washington, residing at
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Wall Lease Agreement - 4
(Dinh Financials, LLC and City of Kent)
Signature: Lau ffqAai-i Signature: A—dd4 �-
Lori Hogan(AY11,202310:30 PDT)
Email: lhogan@kentwa.gov Email: riashley@kentwa.gov
Signature: Juli arascondola(Jut 15,202311:14 PDT)
Email: jparascondola@kentwa.gov