HomeMy WebLinkAbout6066 Art Display Agreement
The Agreement is between Spyj o. s 14i(f A�o�+ Kf LLC (Grantor property owner)and the City of
Bremerton(City)and the effective date of the agreement is r,I b fa a(ti) L U, ?V
RECITALS
1. The parties,collectively, are interested in displaying City-owned artwork on privately owned
property.
2. The Grantor owns the real property situated at
6`IC, !4.jk/ .d �lvc f 13(awtcr Tnv1 1 ct/A e3,4":‹ 7 (physical address) and is willing
to make an exterior retaining wall (Wall) available for City-owned artwork.
3. The City-owned artwork(Artwork)consists of three panels with murals printed on them and will
be physically attached to the Grantor's Wall.
Now therefore,the parties agree as follows:
1. OWNERSHIP. The Wall shall remain under the ownership of the Grantor, and the Artwork shall
remain under the ownership of the City.
2. INSTALLATION. The Grantor grants the City permission to install, maintain,and remove the
Artwork, as previously described.
3. MAINTENANCE. The City is responsible for the maintenance, and if necessary, repair of the
Artwork during the life of the agreement. The City shall have the right to access the Artwork
and the Wall for maintenance purposes. The City may remove the Artwork if, in the sole
judgment of the City, the Artwork is being excessively damaged.
4. TERM and TERMINATION. This Agreement is perpetual in duration and may be terminated for
convenience and without cause by either party upon thirty(30)days written notice.
5. COMPLIANCE WITH LAW. Both parties, in their use of the property and display of the Artwork,
shall fully comply with all applicable federal, state, county, and municipal laws, ordinances,and
regulations.
6. INDEMNIFICATION. Each Party hereby agrees to defend, indemnify and hold the other party, its
officers,officials,employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees,arising of or in connection
with the performance of this Agreement. The parties'obligation to indemnify one another shall
not extend to that portion of damages caused by the parties' sole negligence.
The provisions of this section shall survive the expiration or termination of this Agreement.
7. TRANSFER OF ASSIGNMENT. Prior to expiration of this Agreement,should Grantor sell or
otherwise transfer real property where Artwork is displayed,Grantor shall either(a) promptly
notify City of sale/transfer so that City can make accommodations for Artwork or(b) notify
purchaser/transferee that they shall be subject to the terms and duration of this Agreement
upon taking possession of the property.
8. GENERAL PROVISIONS. This Agreement represents the entire agreement between the Parties.
The Agreement may be amended by mutual agreement in writing.
GRANTOR:
Spy3ta.gs t-Ft(( A4-z, t1 LLC
B 1 %�"�i■�S
Print Nam•MEIVI•w+�
Its:
Date: 0��z912o
CITY:
City of Bremerton
By:
Print Name.,
Its: no,�rc
Date: 2 14O 12OZ0
APPROVED AS TO FORM:
ROGER A. LUBOVICH
City Attorney