AG 91-120 - KING COUNTY 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 -