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HomeMy WebLinkAbout5.458b Original Contract ...? ,.. "' ~. 5. </58 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this~~day of ,VVu.t1 a. .1999 by and between the CITY OF PORT ANGELES (the "City"), as Grantor~ NOR'WESTER OF PORT ANGELES, an unincorporated Washington association ("Rotary"), as Grantee. FOR AND IN CONSIDERATION OF the mutual covenants and promises contained herein, the parties agree as follows: 1. The City grants to Rotary, and Rotary accepts from City, upon the terms and conditions stated herein, a license to place a mural upon the northerly-facing exterior wall of the park currently located upon the following-described property: SEE EXHIBIT A 2. The term of this license shall be for a period of twenty (20) years, during which term the Grantor agrees not to disturb the mural, once painted, except as provided in this agreement. ~ . " 3. The City shall pay Rotary $3,000 to be used for the installation of the wall upon which the mural will be painted. All other expenses for the mural installation will , be the' 'responsibility of Rotary. . , , ' 4 The ownership of the mural and all rights thereto shall remain with Rotary, and Rotary shall be entitled to remove or paint over the mural at the expiration of this license, or upon sooner termination of this license as provided herein. 5. The City shall have the right to approve the mural or any changes or alterations thereto prior to implementation. 6. Rotary agrees to maintain the mural in the condition in which it is when painting is complete and to undertake any and all expenses associated with maintenance, repair, alteration or improvement of the mural as may be necessary during the term of this license. 7. In the event that the City decides to expand or remodel the Laurel Street Fountain Park, Rotary agrees to take whatever steps are necessary so that the mural does not interfere with any such expansion or remodel. 8. This license may be terminated sooner than its term, under the following conditions: - 1 - - "t\.< a. If, as a result of natural disaster, fire or flood, the wall upon which the mural is constructed is either destroyed or so substantially damaged as to be, in the judgment of the City, no longer usable, then, upon notice to Rotary, this license shall terminate upon receipt by Rotary of such notice. b. If the mural is so damaged, as a result of natural events, vandalism or other cause beyond its control that Rotary deems it inappropriate to continue to maintain the mural, then Rotary shall remove the mural from the wall, and thereafter, upon notice to the City, this license shall terminate. In such removal, Rotary shall restore the wall to as near original condition prior to the commencement of this license as possible, or as agreeable to the City. c. If the Grantor sells or transfers the property and this license is inconsistent with the new owner's intended use, then Rotary shall restore the wall to as near as original condition prior to commencement of this license as possible, or agreeable to the City. , 9. The parties mutually agree that, at the conclusion of the term of this license, they will consider, ,in good faith, an extension of this License' Agreement. Such extension shall be' granted in the event that the mural is,maintained and it is deemed in the best interest of both parties to extend the license period. Such extension shall be on the same terms and conditions as stated in this license, unless mutually agreed otherwise ' ,". 1 O. This Agreement shall be binding upon the successors and assigns of the parties. Grantor. Grantee: THE CITY OF PORT ANGELES ROTARY NOR'WESTER OF PORT ANGELES By E ~-f::! Its: ~~I r ~~:~~ STATE OF WASlllNGTON) ) ss. COUNTY OF CLALLAM ) On this day personally appeared before me .&~ bllLL/\ ~ , in his capacity as of the CITY OF RT ANGELES, to me known to be the individual ribed in and who executed the within and foregoing instrument, and - 2 - ~ . .. .. acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal thi~ay of ~ fl..A. J , 1999. State of Washington My commission expires: CI- 1- ;:( OD,!) .. - 3 - .,. 'J , -, '. Property Description: EXHIBIT A The Southerly wall of the laurel Street Fountain Park located at: North laurel Street and First Street Port Angeles, Washington