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HomeMy WebLinkAboutRoberts Group LLC - LEASE AGREEMEIVT THIS AGREEMENT is made on the Z~ day of ltw ~ 2011, by and between CITY OF AUBURN, WASHINGTON, a municipal corporation of the State of Washington, herein referred to as the "City," arid Roberts Group LLC, a Washington Limited Liability Company, which is the owner of the property described in Exhibit A, the address of which is 116 A Street SE, Auburn, Washington 98002, herein referred to as the "OWNER." In consideration of the mutual covenants herein, the parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to lease a portion. of the building described in Section 2, Description of Premises, for use by the CITY for the placement of an art mural on the _South face of the building. 2. DESCRIPTION OF PREMISES. . In consideration of the covenants and conditions expressed in this Agreement, the QWNER hereby leases to the CITY the South face of the building located at 116 A Street - SE, Auburn, Washington. The building located on premises identified and legally described in Exhibit "A" atta.ched herein and incorporated by reference in this Agreement. 3. TERM. T'he term of this Agreement sha11 commence on the 25th day of June, 2011, shall . continue for a period of ten (10) years with an -option to renew the Agreement for successive five (5) year periods upon mutual written consent of the OWNER and the CITY. 4. RESPONSIBILITY OF CITY. The responsibilities specified herein shall constitute the consideration by the CITY to the OWNER for the use of this site for a mural. The OWNER acknowledges and fully agrees that the responsibilities assumed by the CITY constitute adequate considera.tion for > the use of the wall as a mural. The CITY agrees to maintain the mural all at the cost and Mura1 Lease Agreement Page 1 expense of the CITY. The parties agree and understand that should the building collapse or be destroyed due to an earthquake, fire, or some other situation not in control of the parties, the CITY will have the option in its discretion of repairing the mural or of not repairing the mural. 5. RESPONSIBILITY OF OWNER. The OWNER agrees to allow the CITY to mainta.in a painted mural on the wall of the building described in Section 2, and the OWNER also agrees to allow the mural to remain on the wa11 for a period of ten (10) years and for such additional successive terms • of this Agreement as may be renewed by mutual consent of the parties. The OWNER agrees that he will not tear down the building or make any changes or modifications to the building which ma.y affect the mural, without the prior written consent of the CITY. The OWNER fi.u-ther agrees tbat,he will not a11ow advertisirig to be placed on the same wa11 as the mural without the prior written eonsent of the CITY. The OWNER fully agrees and understands that he sha11 have no ownership interests or rights of reproduction in the mural. 6. USE OF PREMISES. The CITY agrees and understands that it sha11 utilize the wall designated in Section 2 for placement of a mural and for no other purpose. 7 INDEMNIFICATION. The CITY agrees to indemnify and hold the OWNER harmless from any and a11 claims for damages to persons or property arising form'the use of the building for the placement of an art mural uriless such claim arises from the sole negligence of the OWNER. 8. GENERAL PROVISIONS. The following provisions shall apply: A. No waiver by either party of any breach or, default hereunder sha11 be deemed a waiver of any preceding or any subsequent breach or default. Mural Lease Agreement Page 2 B. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and a11 questions with respect hereto sha11 be determined by laws of the State of Washington. D. Should it become necessaiy to enforce any term, or obligation of this Agreement, then all costs of enforcement including attorneys' fees and expenses sha11 be paid to the substantially prevailing party. E. In the performance of this Agreement, both parties agree to comply with all applicable Sta.te and local laws, rules and regulations. F. This Agreement and any renewal of the Agreement shall be binding upon the . parfies, their heirs, successors-in-interest or assigns. DATED the date and yeaz first above set forth. CIT U OWNER PETER B. LEWIS, Mayor Name Xhn ~`t- ~ o b~yfi ATTEST: D" lle Daskam, City Clerk APPROVED S TO FO ani B. Heid, ity ttorne . Mural Lease Agreement Page 3 EXHIBIT A THE WEST 120 FEET OF LOT 13 AND THE WEST 115 FEET OF LOT 14, RNER VIEW ADDITION TO : AUBURN, ACCORDING TO THE PLAT THEREOF RECORpED IN VOLUME 9 OF PLATS, PAGE 90, RECORDS OF KING COUNTY, WA3HINGTON SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON Mural Lease,Agreement Page 4 `