Loading...
HomeMy WebLinkAboutAdden 1 LAG 18-004 Amendment 1-�$ AMENDMENT No 1 TO LEASE AGREEMENT (Carco Theater Lease) THIS AMENDMENT No. 1 to Lease Agreement LAG 18-004 is effective as of '2- , 201� ("Effective Date") by and between the City of Renton, a Was ington municipal corporation, and Puget Sound Access. The City and PSA are referred to collectively in this Agreement as the "Parties." RECITALS: WHEREAS, under lease LAG 18-004, effective July 1, 2018, the City of Renton ("City" or "Lessor) has leased to Puget Sound Access DBA Carco Theater, a Washington non-profit business, (hereinafter "PSA" or "Lessee") the use of Carco Theater to engage in the business of providing an event, theater, filming, and meeting facility; and WHEREAS, at no cost to the City, - PSA and "THE OWL PROJECT," a Washington non-profit corporation desire to have THE OWL PROJECT paint a mural that celebrates the history, natural diversity and current cultural diversity of the City and its location on the Cedar River. The mural will depict the Cedar River in its original, natural beauty transforming into a salmon-filled waterway and reflecting the unique cultural diversity of the Renton community; and WHEREAS, the City of Renton has entered into an Artist's Agreement with THE OWL PROJECT for the painting of a mural ("Mural")on the rear side (south-facing wall) of Carco Theatre WHEREAS, PSA is in full support of the Mural and in exchange for City permission for THE OWL PROJECT to paint the Mural, PSA has agreed at no cost to the City to clean and maintain the mural as described in Exhibit D as an additional condition of this lease. NOW,THEREFORE, IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION,THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LESSOR AND LESSEE AGREE TO AMEND THE LEASE AS SET FORTH BELOW: 1. The Parties agree to add attached Exhibit D to Lease Agreement LAG-18-004 which is attached and incorporated by reference. Page 1 of 6 LAG-18-004 Amendment No. 1 w Exhibit 0—Owl Project Mural. (279) i LAG 18-004 Amendment 1=� 2. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. CITY OF RENTON PUGET SOUND ACCE55 �. �� Denis Law, Mayor / By: _ Date signed: ! < � Printed Name: �- - ; / ' �.i,r Title:�jc�"U�ivP ���C�i� Date signed: � Attest: l Jason A Set , City CI rk �/ Date at ested: `Z � �J APPROVED AS TO FORM ONLY . �.�in� ���'` Shane Moloney, City Attorney clb 12-11-18(279) ```�\�1\N1111111/�� `` Q F f� �''� .���(�( �1��� `a����` ���1\N111����� �V�,�/� ,�`�\ r��`' ��j'' � ` � //� � ' : � ; '�EAL = * � ;� ' �° � = . O���., ��� � ; , �, o` ��ij� AD�����i��n���a��` '�°�� ����i���qiED1SEP;`6��.�`. Page 2 of 6 LAG-18-004 Amendment No. 1 w Exhibit D—Owl Project Mural.(279) LAG 18-004 Amendment 1-� STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day of ,20 , before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DENIS LAW to me known to be the person(s) who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behaif of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: STATE OF WASHINGTON ) ) SS COUNTY OF I�-� ) On this r�� day of ���-�(�I� , 20 �� , before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ca�se��,r�. vJe,ll��r:cr to me known to be the __�t:j.�.t.A`vr<�uC of Q�,tsc.:'�Sev.�,�1���s , and acknowledged the said instrument to be the free and voluntary act and deed of said [corporation or limited liability company],for the uses and purposes therein mentioned,and on oath stated that s/he was authorized to execute said instrument on behalf of said [corporation or limited liability companyj. IN WITNESS WHEREOF I have hereu`��N1y1��'d and official seal the day and year first above written. ;�,,�,OR� ,/ y�, +��, �,,�ln�-�-�.'tz�2. � � .��.,,�,,,,,,� d� ' � ra=�\ys�o�y F�,A�/,�{ �pnature of No y) � R � � . ` t , r :O� '�'� A t p�� ��0.Y�t�`1lla � Wl��v" i �U N: � N� A � G :( rir�or stamp name of Notary) � ��'%,� s�'e�� = RY PUBLIC in and for the State of Washington, ii 1' '�,� 19-19,,��' � / c�' �a������....• ('j re,g?ding at L�.¢��" /���1���;�WASN����YAppointment Expires: lr,-�`l-L.�►`1 Page 3 of 6 LAG-18-004 Amendment No. 1 w Exhibit D-Owl Project Mural.(279) LAG 18-004 Amendment 1-� EXHIBIT D THE OWL PROJECT MURAL ON CARCO THEATER In addition to and notwithstanding any and all obligations of the Agreement,the City hereby gives PSA permission for THE OWL PROJECT to paint a murat ("Mural") on the rear side (south-facing wall) of the building addressed as 1717 Maple Valley Hwy and commonly known as Carco Theatre —that celebrates the history, natural diversity and current cultural diversity of the City and its location on the Cedar River, on the following terms and conditions: 1. Mural. The Mural shall conform to the design and specifications shown in Exhibit D-1, which is attached and incorporated by reference. 2. Time of Installation. PSA will work with The Owl Project to begin installing the Mural as soon as reasonably practicable after receiving a written notice to proceed from City. PSA will work with The Owl Project and coordinate with City before and during The Owl Project's installation of them Mural so that City can observe and inspect the installation to the extent desired by City. 3. PSA acknowledges that City reserves the right to pause or stop work of the mural installation if City determines that the mural will damage the building, is not being installed per City approved design, or for any other reasonable reason. 4. Property and Landscape Protection. To the extent reasonably practicable under the circumstances, PSA shall ensure that The Ow) Project shall protect the Carco Theater's property and all landscaping on the property during installation. If installation results in the removal, alteration, and/or damage of any property and/or landscaping, PSA shall fully replace, restore, and/or repair such property and/or landscaping after completing installation, to the extent The Owl Project does not. 5. Removal. City has and reserves all rights to maintain, alter, remove, repair, and/or replace the mural at City's discretion and for any or no reason and with or without notice to PSA or The Owl Project. 6. PSA is responsible for all costs of the Mural project including cost for the Mural Page 4 of 6 LAG-18-004 Amendment No. 1 w Exhibit D—Owl Project Mural. (279) LAG 18-004 Amendment 1- ($ Project including but not limited to supplies, installation, cleaning, maintenance, repairs and removal at no cost to the City. Necessary Artistic Repairs. In addition, If requested by the City, PSA agrees to work with The Owl Project in making any necessary repairs to the Mural's artistic content, including, but not limited to, restoring a damaged portion of the Mural's content and to pay for the costs of such work and supplies necessary to complete the work. PSA shall not allow the Mural to deteriorate and will at all times be maintained in good condition. 7. Additionallndemnification. PSA further agrees to indemnify, defend and hold the City harmless from and for any and all costs, claims, losses or liabitity or any portion thereof, arising from the installation, cleaning, maintenance and repairs of the Mural or otherwise arising from PSA's obligations under this Exhibit. 8. Additionallnsurance. PSA will provide proof of adequate insurance coverage (in addition to the Lease Agreement LAG-18-004 required coverage if necessary) to cover the costs and liability agreed to by this Exhibit. 9. This Exhibit applies only to the Mural project and this amendment - all other terms and conditions of the original Lease Agreement remain in effect and unchanged. Page 5 of 6 LAG-18-004 Amendment No. 1 w Exhibit D—Owl Project Mural. (279) LAG 18-004 Amendment 1- Ig Exhibit D-1 Mural Design Final Design. The final design (as indicated below) will be installed on the southwest wall of the building on the ground level facing the Cedar River. _ "�� �ii§ 4!�'� ��7�i��� assl i..}���f�il�III r{�.��i����� � ~ i��'����¢�/1 / i ����� `r�s . � �� ���I� ' ���� � �I ^ i. l a , ✓ . � , ,. , '� � � � ��. , ti „ �k ».,.:. � - � . z� . � � , � _ _.\� .r � , _- . /"'_�-^ ,r� �- _ �-�._____. _.---. --'` ! �, .. Page 6 of 6 LAG-18-004 Amendment No. 1 w Exhibit D-Owl Project Mural.(279)