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AG 91-120 L _ �u�D /i6 9/- /moo R PI 15'1991 8 55 3 INTERLOCAL AGREEMENT . i _ hip�VIS10NURCES This agreement is entered into t Cs 1st day U of October , 19 91 , between King County, (the "County") and the City of Federal Way, ("the City") . WHEREAS, in the 1973 the County initiated an art acquisition program with the intent of collecting artworks to be permanently owned by the County for ongoing presentation to the citizens of the County, and; WHEREAS, the County maintains the agency, program, staff, and resources to provide for the ongoing ownership, oversight and maintenance of all King County Art Collection artworks, and; WHEREAS, a King County Art Collection artwork is located oh real property which was owned by King County before incorporation and which is now within the boundaries of the newly incorporated City, and; WHEREAS, the City was incorporated on February 28, 1990, and; WHEREAS, the City and County has previously entered into an agreement with the City whereby the County has transfered to the City the ownership, funding, operation and maintenance of such real properties which were owned by King County before incorporation, entitled "Agreement Between King County and the City of Federal Way for Transfer of the Ownership, Funding, Operation and Maintenance of Parks, Open Space Recreation Facilities and Programs" dated January 2 , 1991 and; - 1 - ORIGINAL • 8551 WHEREAS, the County and the City now agree that the County will regain ownership of the artwork subject of this agreement, and that it may remain where it is currently located despite the transfer to the City of the ownership of the real property on which the artwork is located; NOW THEREFORE, in consideration of their mutual promises, the parties do hereby covenant and agree as follows: 1. AMENDS EXISTING AGREEMENT. This interlocal amends or modifies the existing interlocal between the City of Federal Way and King County referenced herein and adds to its terms and conditions. Unless otherwise specifically modified by this executed written addendum, all other terms of the Interlocal are hereby affirmed. 2 . ARTWORK SUBJECT OF THIS AGREEMENT. The following artwork is currently located on property which was owned by the County before incorporation, the ownership of which property has been transferred to the City: TITLE: Ascending Forms ARTIST: Richard Andrews MEDIUM: Sculpture, paint/steel DATE OF CREATION: 1977 INSURANCE VALUE: $15, 000 DIMENSION: 7 'H X 12 'W LOCATION: Sacajawea Park - 2 8553 3 . COUNTY RESPONSIBILITIES The County does hereby agree to accept the following responsibilities and to perform the following services with regard to the artwork: A. Provide a plaque or identification marker for the artwork which gives the title, artist name, dimension, medium and date of creation and the King County seal; B. Provide copies of contracts and materials related to the acquisition, condition, and ownership of the artwork to the City for its records; C. Provide regular maintenance of the artwork as prescribed in the King County Arts Commission Public Art Maintenance Plan. If the County fails to adequately maintain the artwork in accordance with Maintenance Plan, the City will assume maintenance of the artwork with all costs of any kind relating to the City's assumption of maintenance duty incurred to be reimbursed by the County. D. Insure and assume liability for the artwork against loss, theft, mutilation, vandalism or other damage, including damage caused by acts of God, unless the artwork has been moved or altered by the City without prior written authorization by the County; and E. Inform the City in writing at least 90 days prior to any change in location or disposition of the artwork that the County initiates. If artwork is removed, the City must give final approval for its removal. The County shall pay all costs of - 3 8553 locating the artwork as well as paying all costs to rehabilitate the original site. The City will have final approval of the rehabilitation of the site by the County. 4. CITY RESPONSIBILITIES The City does hereby agree to accept the following responsibilities and to perform the following services with regard to the above described artwork: A. Permit the artwork to remain in its current location free of any rent or other charge to County; B. Refrain from any movement, alteration or modification of the artwork without prior written authorization from the County; C. Provide reasonable ambient maintenance of the artwork's immediate surroundings, such as lighting replacement, lawn maintenance, hedge trimming, plaque cleaning, etc. ; D. Maintain public accessibility to the artwork; E. Inform the County in writing at least 90 days prior to physically altering the artwork's immediate environment. If the immediate environment is physically altered, the County must give final approval for such alteration. The City shall pay all costs associated with alteration; F. Identify a City representative to serve as a contact person about matters relating to the artwork; G. Provide an annual written or oral condition report about the artwork to the County at the County's sole expense for the purpose of property control; and - 4 - r I 85 53 H. Acknowledge the County' s ownership of the artwork and pertinent artist information whenever the City reproduces the artwork photographically or references to the artwork in publicly distributed text, to the extent practicable. 5. DURATION This agreement shall be effective on that date upon which it has been signed by both parties and shall continue in force unless both parties mutually consent in writing to its termination. 6. AMENDMENTS This agreement may be amended at any time by the parties; provided, such amendment is reduced to writing, signed by both parties, and affixed to this original agreement. 7. ENTIRE AGREEMENT The parties agree that this addendum and original Interlocal constitutes the complete expression of the terms hereto and any oral representations or understandings not incorporated in the written documents are excluded. 8. SEVERABILITY If any of the provisions contained in this agreement are held invalid or unenforceable, the remaining provisions shall remain in full force and effect. As evidence of both parties, through their authorized agents, having read and understood the above and foregoing, and their intent to be bound hereby, the authorized agents of the City and the County sign below this date of October 1 , 1991 - 5 8 55 '3 CITY OF FEDERAL WAY COUNTY OF KING: By: Zvi .. /l/ _� By: d C. anage C unty xecuve APPROV D: RECOMMENDATION FOR SIGNATURE: Ad •At .'. .L_4 Citl�ttorney King unty Arts Commission Approved as to Form: Deputy Prosecuting Attorney LA\EF\PARKS\ARTWORKS.AGR - 6 -