HomeMy WebLinkAboutStephen J Small LEASE AGREEMENT
THIS AGREEMENT is made on the 1 day of July, 2013, by and between CITY
OF AUBURN, WASHINGTON, a municipal corporation of the State of Washington,
herein referred to as the "City," and Stephen J. Small, who is the owner of the property
described in Exhibit A and whose address is 107 2"d St. NW, Auburn, WA 98001, 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 West face of the building.
2. DESCRIPTION OF PREMISES
In consideration of the covenants and conditions expressed in this Agreement, the
OWNER hereby leases to the CITY the West face of the building located at 107 2°d St.
NW, Auburn, WA 98001. The building located on premises identified and legally
described in Exhibit"A"attached herein and incorporated by reference in this Agreement.
3 TERM.
The term of this Agreement shall commence on the 1st day of July, 2013, shall
continue for a period of ten (10) years with an option to renew the Agreement for
successive five (10) 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 consideration for
the use of the wall as a mural. The CITY agrees to maintain the mural all at the cost and
expense of the CITY The parties agree and understand that should the building collapse or
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be damaged or 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 maintain 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 wall 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 may affect the mural, without the prior written consent of the CITY. The
OWNER further agrees that he will not allow advertising to be placed on the same wall as
the mural without the prior written consent of the CITY. The OWNER fully agrees and
understands that he shall have no ownership interests or rights of reproduction in the
mural.
6. USE OF PREMISES.
The CITY agrees and understands that it shall 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 all
claims for damages to persons or property arising from the use of the building for the
placement of an art mural unless such claim arises from the negligence of the OWNER.
8 GENERAL PROVISIONS.
The following provisions shall apply-
A. No waiver by either party of any breach or default hereunder shall be deemed a
waiver of any preceding or any subsequent breach or default.
B. This Agreement may not be changed or modified nor any provision hereof
waived except in writing agreed to by both parties.
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C This Agreement shall be construed in accordance with and all questions with
respect hereto shall be determined by laws of the State of Washington.
D. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including attorneys' fees and expenses shall be paid to the
substantially prevailing party
E. In the performance of this Agreement, both parties agree to comply with all
applicable State and local laws,rules and regulations.
F This Agreement and any renewal of the Agreement shall be binding upon the
parties, their heirs, successors-in-interest or assigns.
e date and year first above set forth.
C Y OF AUB OWNER
PETE B LEWIS,Mayor / Name St phen J. all
DaATiI j l 1n 1/^U
narelle Daskam,City Clerk
APPR YED O FORM:
el B. Heid,City Attorney
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EXHIBIT A
Site Address: 107`h Second St.N.W., Auburn, WA 98001
BALLARDS LW PARK TO SLAUGHTER& VAC ALLEY
Legal: BTWN SD LOTS
Plat Block: 3
Plat Lot: 12-13-14
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