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)
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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.
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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.
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Page 6 of 6
LAG-18-004 Amendment No. 1 w Exhibit D-Owl Project Mural.(279)