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HomeMy WebLinkAboutLakeland HOALICENSE AGREEMENT FOR DISPLAY Of ARTWORK AT LAKELAND This A, greement is made a.nd entered into this ~?/_2v day of -/,?/z~/~!! 200.._~_.., by and between ,Z.c'J.~/,~,d' /--/OR , hereinafter called "Licensor, and the City of Auburn, a municipal corporation of the state of Washington, hereinafter called the "City." In consideration of the mutual promises set out below, THE CITY AND LICENSOR HEREBY AGREE as follows: GRANT OF LICENSE 1. Licensor grants the City permission to display a public artwork and interpretive sign, hereinafter called the Artwork, as part of the City of Auburn Public Art Project, on the , records of Pierce County, Washington, and as further shown on the attached Exhibit A. This li~..cen/se is effective when both parties have signed this Agreement. This license shall EH'be perpetual, unless terminated by the City with not less than .~,0 days notice to Licensor; or [] expire on December 31, 200 ; or [] expire on The City or its representatives may have access bt all reasonable times to the Artwork site for the purpose of installing, repairing, maintaining and removing the Artwork. All construction, repair, maintenance and removal related to the Artwork and surrounding site shall be done at the expense of the City. ARTWORK INS TALLA T/ON 4. Any changes to the current landscaping shall be subject to approval by Licensor and shall be installed and performed at City's sole expense. 5. The City shall review the method of Artwork installation with Licensor and obtain Licensor's approval thereof prior to conducting the work. 6. The City shall install the Artwork in a manner that does not disrupt or interfere with Licensor's operation. 7. If Licensor's utilities are disrupted as a result of the City's work, the City shall promptly restore the utilities at City's sole expense. 8. The City shall provide Licensor with the installation date a minimum of one week prior to conducting the work. 9. The exact location of the artwork shall be determined by joint agreement between Licensor and the City. LICENSE AGREEMENT Page 1 of 4 ARTVVORK REPAIR AND MAINTENANCE 10. The City shall provide, at its expense, ongoing repair and maintenance of the Artwork for the duration of the exhibition period. Should City fail to maintain the Artwork in attractive condition and allow it to become an eyesore, Licensor shall provide notice to the City to correct the defective condition and failing to do so, the City shall remove the Artwork within fourteen (14) days of such notice. 11. The City shall repair and maintain the Artwork in a manner that does not disrupt or interfere with Licensor's operations. 12. Repair and maintenance may be conducted by City staff, assignees or community volunteers which volunteers shall be subject to the control and supervision of the City. 13. Licensor shall provide, during regular business hours, access to a water source for the purpose of cleaning the Artwork. 14. In the event that the Artwork is vandalized or destroyed, Licensor shall notify the City at the earliest opportunity. In the event that the Artwork, in the judgment of Licensor, presents a public safety hazard, Licensor may immediately take reasonable measures to cure such hazard, without incurring monetary liability to the City. 15. Unless previous arrangements are made between Licensor and the City or unless, necessary to cure a public safety hazard, Licensor, its employees or assigns may not maintain, repair, alter or remove the Artwork for any reason. ARTWORK REMOVAL 16. The City has the right to modify, repair or remove the Artwork at any time due to excess damage, maintenance or public safety concerns. 17. Upon removal of the Artwork at any time and for any reason the City agrees that it will, at its own expense, restore the Artwork site to the same condition which existed prior to installation of the Artwork. 18. The City shall modify, repair or remove the Artwork in a manner that does not disrupt or interfere with Licensor's operations. INDEMNIFICATION 19. Licensor is not liable for any discoloration, mutilation, modification, theft or destruction of the Artwork. 20. The City shall defend, indemnify and hold Licensor, its officers, officials, employees, volunteers, successors and assignees harmless from any and all claims, injuries, damages, liabilities, losses or suits, including attorney fees, arising out of or in connection with the performance of this License Agreement or use of Licensor's property per this agreement, by any person or entity, except to the extent caused by or resulting from the negligence of Licensor or its officers, officials, employees, or volunteers. It is further specifically and expressly understood that the indemnification provided herein constitutes the City's waiver of immunity under Industrial Insurance, Title 51 LICENSE AGREEMENT Page 2 of 4 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 19 shall survive the expiration or termination of this License Agreement. PUBLICA T/ON 21. The City shall have the right to list Licensor's name and location in City educational and promotional materials, by method of print or electronic media, for the purpose of identifying Artwork locations. Licensor's name and location shall be listed in the following way: Lakeland Hills - corner of Lakeland Hills Way and Evergreen Way Southeast. 22. Licensor may not reproduce any images of the Artwork for print or electronic media without prior approval of the City, except for promotional pictures of building exterior in which artwork is part of the picture. CONTACTS 23. The contact person for Licensor shall be: Name Title Address ~01 ~¢/~d ~,'//~ ~o~ Phone The contact person for the City shall be: Name Title Address Phone Parks & Recreation Department 910 Ninth Street SE Auburn, WA 98001 (253) 931-3043 GENERAL PROVISIONS 24. Controlling Law. This License Agreement shall be construed and enforced in accordance with the laws of the State of Washington. 25. Venue. Any action brought to enforce this Agreement or seek damages for its breach shall be brought in the Superior Court of Pierce County, Washington. 26. Attorney's Fees. The prevailing party in any action to enforce this Agreement or seek damages for its breach shall be entitled to recover its attorney's fees and costs in addition to any other relief awarded by the Court. LICENSE AGREEMENT Page 3 of 4 LICEN SOR:~~~/.//g.Z. By: Title: Dated: CITY OFAUBURN By: LICENSE AGREEMENT Page 4 of 4