Port of Edmonds Interlocal Agreement for Public Information KioskINTERLOCAL AGREEMENT
WHEREAS, the City of Edmonds is an alternative code municipal corporation organized
pursuant to the laws of the State of Washington;
WHEREAS, the Port of Edmonds is a port district created pursuant to chapter 53.04
RCW and the laws of the State of Washington;
WHEREAS, the Port of Edmonds and the City of Edmonds desire to enter into an
interlocal agreement regarding ownership of public art affixed to a Public Information Kiosk
(hereinafter "Kiosk") owned by the Port of Edmonds located on private property at the corner of
Sunset Avenue (SR 104) and James Street in the City of Edmonds;
WHEREAS, the Port of Edmonds assisted in the development of the Kiosk for use by the
Edmonds Alliance for Economic Development (Alliance) as a public information center. The
Port of Edmonds will retain ownership of the Kiosk until such time that ownership is transferred
to the Alliance or another entity. The Port of Edmonds has a five-year lease with the private
landowner, commencing January 26, 1998, to site the Kiosk at the corner of Sunset Avenue and
James Street. The lease specifies that the Kiosk structure will be retained in public ownership
during and after the period of the lease and may be moved to another site;
WHEREAS, the purpose of documenting this agreement is to clarify that the ownership
of any additional artistic or architectural fixtures attached as enhancements (hereinafter
"enhancements") to the Kiosk will be retained by the purchaser of those enhancements.
Specifically, a weather vane sculpture purchased by the City of Edmonds through its Arts
Commission and affixed to the Kiosk, will not become the property of the Port of Edmonds, the
Alliance, the private land owner, or any other entity;
NOW, THEREFORE, the City of Edmonds, Washington, an alternative code municipal
corporation (hereinafter "City") and the Port of Edmonds (hereinafter "Port"), public agencies
pursuant to the provisions of chapter 39.34.030 RCW, have entered into this Interlocal
Agreement in terms of the considerations set forth herein and the mutual benefits to be derived.
1. Duration. This agreement shall remain in effect for so long as a Kiosk is
maintained on the site.
2. Purpose. Any enhancements affixed to the Kiosk, including the addition of a
weather vane, will remain the property of the purchaser of said enhancements. The Port will
assist in the installation of physical enhancements to the structure as required.
3. Termination of Agreement. Fixtures attached as enhancements will remain on the
Kiosk until such time as the Kiosk is no longer in use as a public information center for the City
or unless sooner removed by the enhancement's owner. The owner of an enhancement shall be
solely responsible for its maintenance and upkeep and the parties state their intention and desire
to maintain the Kiosk in a clean and attractive condition, discouraging and promptly repairing
vandalism and graffiti.
4. Written Notice. Any notice required to be provided under the terms of this
Agreement shall be forwarded by U.S. mail postage prepaid to the following addresses:
Cultural Program Coordinator, Frances Chapin
City of Edmonds Parks & Recreation Department
700 Main Street
Edmonds WA 98020
Executive Director, William Toskey
Port of Edmonds
336 Admiral Way
Edmonds, WA 98020
5. Amendment, Entire Agreement. This Agreement is the entire agreement between
the parties. Any prior understanding, written or oral, shall be deemed merged with its
provisions. This Agreement shall not be amended except in writing with the express written
agreement of the parties hereto.
/11a vsrn 6e r
DONE THIS 6 day of 9f-lder, 1998.
CITY OF EDMONDS
By: Z �
Mayor
ATTEST/AUTHENTICATED :
By: , 4tL " • z _
Sandra S. Chase, City Clerk
PORT OF EDMONDS
By:
Executive Director
Kiosk Interl/clb/10/28/98 ' 2