HomeMy WebLinkAbout5.458a Original Contract
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LICENSE AGREEMENT
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TIDS LICENSE AGREEMENT is made this 30trdayof June, 1997, by and be-
tween the CITY OF PORT ANGELES (the "City"), as Grantor, and ROTARY NOR' WESTER
OF PORT ANGELES, an unincorporated Washington association ("Rotary"), as Gran~
FOR AND IN CONSIDERATION OF the mutual covenants and promises contained
herein, the parties agree as follows:
I. 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 southerly-facing exterior walls of
the building currently located upon the following-described property:
SEE EXlllBIT A
2. The term of this license shall be for a period of five (5) years, during which term the
Grantor agrees not to disturb the mural, once painted, except as provided in this agreement.
3. 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.
4. The City shall have the right to approve the mural or any changes or alterations
thereto prior to implementation.
5. 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.
6. In the event that the City decides to expand or remodel the building, Rotary agrees to
take whatever steps are necessary so that the mural does not interfere with any such expansion or
remodel.
7. This license may be terminated sooner than its term, under the following conditions:
a. If, as a result of natural disaster, fire or flood, the building 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. I
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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 building wall, and thereafter, upon notice to the City,
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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.
8. 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, the City has no plans to alter the building, 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.
9. This Agreement shall be binding upon the successors and assigns of the parties.
Grantor:
Grantee:
ROTARY NOR'WESTER OF
PORT ANGELES
BY~~ ~- ~
Its: President
STATE OF WASlllNGTON)
) ss.
COUNTY OF CLALLAM )
On this day personally appeared before me Prosper Ostrowskt . In
his capacity as Mayor of the CITY OF PORT ANGELES, to me known
to be the individual described in and who executed the within and foregoing instrument, and
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 this 3,,17: day of ~ ' 1997.
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EXHffiIT A
Property Description:
The Southerly wall of the Arthur Feiro Marine Lab Building located at:
315 N. Lincoln Street
Port Angeles, Washington 98362