REVIEWED PLN BLD2021-1111+Plan_Set+8.10.2021_1.17.11_PM+2348885aweart walk edmonds
Edmonds Mural Project
Mural Permit Proposal
August 10, 2021
Mural Project Edmonds (MPE) was formed in 2017 as a subcommittee of Art Walk Edmonds, with
the mission of developing a comprehensive plan for the implementation of professional murals,
seeking out appropriate locations for exterior wall murals which enhance and od not detract from
the beauty, scale and send of place of the city of Edmonds. With community involvement, MPE
will seek art which is sensitive to each specific location and the history, diversity and character of
the city in a visually cohesive manner.
With that mission in mind, MPE chose the wall of 4fh Ave N between Salt & Iron and Church Key
Pub for mural installation for the summer of 2021 in honor of Edmonds' sister city - Hekinan,
Japan.
For this project, MPE is partnering with Urban Artworks, a Seattle nonprofit that creates public art
by embracing the creativity and diversity of the community and has a deep commitment to cultural
and racial equity. Through Urban Artworks, MPE has procured muralist Shogo Ota, a Japanese
muralist from a town near Hekinan, Japan.
The Mural Project Edmonds Committee
Denise Cole, Committee Chair (206) 406-4388
Robert Gutcheck (206) 707-3439
Lynn Hanson (206) 960-21 18
Patti Greene (206) 369-5429
Mark VonGunten (425) 361-7284
Heikenan Tribute Mural
To be installed on the east facing wall (4'h Ave N wall) of the building at 321 Main St. Mural
would be between Salt & Iron and the Church Key Pub.
Muralist: Shogo Ota, through Urban Artworks (contract attached)
P.O. Box 62, Edmonds, WA 98020 1 www.artwalkedmonds.com 1 425.298.7947 1 info@artwalkedmonds.com
Art Walk Edmonds is a 501(c)3 nonprofit arts organization.
aweart walk edmonds
Mural Description: This mural will be done in the Japanese woodblock style, and will feature a
large heron hovering over waves.
Mural will be painted using Novacolor Paint. The colors will be blue, white and black, using the
tan wall color as the background.
Maintenance Requirements: The muralist guarantees the Artwork from faults of material and
workmanship for 4 years from the date of installation. If touchups are necessary due to acts of
God or vandalism, MPE will hire muralist for repairs. (see attached muralist contract)
Schedule: Installation will begin September 4, 2021 and be completed by September 9, 2021 .
Muralist will use a scissor lift and stay within 6 ft of wall. Sidewalk will be blocked off with cones
while artist is working. Scissor lift will be stored off -site when not in use.
Assumption of Liability: MPE has required the muralists to procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work. Please refer to the
muralist's contract for further assumption of liability.
P.O. Box 62, Edmonds, WA 98020 1 www.artwalkedmonds.com 1 425.298.7947 1 info@artwalkedmonds.com
Art Walk Edmonds is a 501(c)3 nonprofit arts organization.
awecart walk edmonds
CONTRACT FOR SERVICES
Art Walk Edmonds, a 501(c)(3) non-profit organization seeks to sponsor artwork that will enhance the overall character
and atmosphere of Edmonds' downtown core and support a welcoming environment. The design of the mural should take
into consideration the location of the wall, the architecture of the structure, the viewing angles of the surface and the
impact on the surrounding area,
This Agreement is entered into by and between Art Walk Edmonds, hereinafter referred to as the "CLIENT" and Urban
Artworks/Shogo Ota, hereinafter referred to as the "ARTIST' for producing one in the series.
I. Scope of Services to be performed by the ARTIST
a. The ARTIST shall perform all services and furnish materials as necessary for the design and fabrication of the
Artwork.
b. The ARTIST shall determine the artistic expression, design and materials of the Artwork based upon discussions
with the CLIENT:
c. The ARTIST shall attend design and fabrication coordination meetings by phone, email or in person if needed,
with the CLIENT, business owner, and building owner, as appropriate, to communicate about the Artwork and to
ensure appropriate integration and/or installation of the Artwork.
d. The ARTIST shall design, fabricate, deliver/transfer title, and install the Artwork as agreed upon in discussions
with the CLIENT,
e. The ARTIST shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to
persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the ARTIST.
f. The ARTIST must create the artwork within an all-inclusive budget. This budget includes all costs
associated with the design, fabrication, delivery and installation of the artwork. The artist fee includes
design, fabrication, supervision, installation verification, artist travel, administration, liability insurance,
and tax.
2. Compensation
a. Services will be paid at the rate set forth in Exhibit I, not to exceed a maximum of $7000, including all fees, taxes
and reimbursable expenses.
b. It is understood that the CLIENT has no obligation whatsoever with respect to sales commissions or any
agreements with galleries or other artists with whom the ARTIST may contract now or in the future.
c. The ARTIST shall complete and provide a W-9 form (request for Taxpayer Identification Number and
Certification) to the CLIENT prior to or along with the first billing invoice. No payment will be issued without a
Taxpayer Identification Number and an invoice from the ARTIST.
3. Revisions & Change Orders
a, The CLIENT shall serve as the Creative Director, guiding the ARTIST in the initial design of the project. The
ARTIST agrees to take direction from the CLIENT on proposed changes to initial design concept. The
CLIENT retains the right to 3 (three) revisions to arrive at a final approved design.
b. Change Order Requests Design: Any revisions and/or changes after 3 (3) revisions will be evaluated for
viability, cost and schedule impact by the ARTIST, If there are any costs and schedule impacts to the project
they shall be presented to the CLIENT in writing for review and approval before commencing work.
P.C. Box 246, Edmonds, WA 98020-0246 i Mvw.arlwalkedmonds.com 1425.298.79471 in1r)@artwaikedmonds.co€n
Art Walk Edmonds is a 501(c)3 nonprofit arts organization,
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aweart walk edmands
c. Change Order Requests during implementation: The ARTIST is responsible for careful inspection of the
existing building wall surface to determine if it is suitable for mural work prior to estimation and entering into
contract agreement with the CLIENT. In the event that any unforeseen circumstances should arise during the
execution phase of the project, the ARTIST shall alert the CLIENT in writing before continuation of work. Only
CLIENT approved change orders shall be executed by the ARTIST.
4. Term
The term of this Agreement shall commence May 3, 2021 and end at midnight on the 31 st day of December 31,
2021.
5. Ownership / Title
a. Full title and rights to the Artwork design shall pass to the CLIENT upon the CLIENT's final payment for the
design phase. ARTIST may not duplicate the design Artwork for which the CLIENT paid the ARTIST: CLIENT
fully owns the design, drawings, and specifications at that time.
b. Title to the Artwork itself shall pass to the CLIENT upon the delivery of Artwork to the CLIENT, and payment
for that portion of the agreement as per the terms of Exhibit 1.
6. Warranty
a. The ARTIST warrants that the Artwork is the original product of the ARTIST's own creative efforts.
b. The ARTIST shall deliver the Artwork to the CLIENT free and clear of any liens and claims arising from any
source whatsoever.
c. The ARTIST warrants that the execution and fabrication of the Artwork will be performed in a professional
manner; and the Artwork as fabricated and installed, will be free of defects in material and workmanship; and
reasonable maintenance of the WORK will not require procedures substantially in excess of those described
in the maintenance recommendations to be submitted by the ARTIST.
d. The ARTIST shall guarantee the Artwork from faults of material and workmanship for four (4) years from the
date of installation. The ARTIST is not responsible for damage due to vandalism, natural disaster or accidents
or other events beyond the ARTIST's control.
7. Independent Contractor Relationship
a. The nature of the relationship between the ARTIST and the CLIENT during the period of the services shall be
that of an independent contractor, not employee.
b. The ARTIST, not the CLIENT, shall have the power to control and direct the details, manner or means of
services. Specifically, but not by means of limitation, the ARTIST shall have no obligation to work any
particular hours or particular schedule and shall retain the right to designate the means of performing the
services covered by this Agreement.
c. The CLIENT shall not be responsible for withholding or otherwise deducting federal income tax or Social
Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the ARTIST or any employee of the ARTIST,
8. Artist's Rights
a. The CLIENT agrees to reasonably assure that the Artwork is properly maintained and protected. This does
not preclude the CLIENT's right to move the Artwork or remove it from display.
b. The CLIENT will endeavor not to modify the artwork. If an alteration should occur, the Artwork will no longer
be represented as a work of the Artist, without the Artist's written permission.
c. For all repairs and restorations, other than ordinary maintenance, to the extent practical, the ARTIST shall be
given the opportunity to accomplish such repairs and restorations at a reasonable fee. If the CLIENT and
PO. Box 246, Edmonds, WA 98020-0246 1 www.artwalkedrrmonds.com 1425,298.79471 infoCcilartwalkedmonds.com
Art Walk Edmonds is a 501(c)0 nonprofit arts organization.
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ARTIST cannot agree regarding repairs, the CLIENT may accomplish such repairs as it deems necessary
after the warranty period ends.
d. Nothing in this contract shall be construed so as to impose obligation on the part of the CLIENT as to method
of sale or disposal and any determination relating to the method of sale or disposal.
e. The ARTIST agrees to notify the CLIENT of changes In the Artist's address and failure to do so shall be
deemed a waiver of the Artist's rights enumerated in the paragraphs above.
f. Once the CLIENT has paid for the commission/design of the Artwork, and purchased the original Artwork, the
ARTIST agrees the CLIENT owns the full legal rights to the specific design purchased and ARTIST may not
sell this design to any other individual or entity.
g. However, the CLIENT authorizes ARTIST to make photographs, drawings or other two-dimensional
reproductions of Artwork fully purchased by the CLIENT without prior consent of the CLIENT if
utilized for the sole use for Artist's portfolio, advertising, marketing, brochures or similar material
through any medium.
9. Termination
a. The CLIENT reserves the right to terminate or suspend this Agreement at any time, due to unanticipated
causes, such as natural disasters, legal issues, etc.; by giving fourteen (14) days written notice to ARTIST it
1. the ARTIST substantially breaches any duty, obligation, or service required pursuant to this contract; or
2. the dufies, obligations, or services required herein become impossible, illegal, or not feasible.
3. Expected or actual funding is limited in anyway prior to the termination date set forth above
b. In the event this Agreement is terminated by the CLIENT,
1, the ARTIST shall be entitled to payment for all hours worked and reimbursable expenses incurred to
the effective date of termination, less all payments previously made; and
2. all rights to the ARTIST's Work shall revert to the ARTIST and the CLIENT shall not have the right to
construct the Artist's work. This provision shall not prevent the CLIENT from seeking any legal
remedies it may have for the violation or non-performance of any of the provisions of this Agreement
and any such charges due the CLIENT shall be deducted from the final payment due the ARTIST:
10. Risk of toss
The risk of toss or damage to the artwork shall be borne by the ARTIST until final acceptance, and the ARTIST
shall take such measures as are necessary to protect the artwork from loss or damage until final acceptance,
provided that the risk of loss from vandalism shall be borne by the CLIENT for any portion of the artwork
subsequent to installation but prior to final acceptance,
11. Hold Harmless
a. The ARTIST shall defend, indemnify, and hold the CLIENT, its officers and volunteers harmless from any and
all claims, injuries, damages, losses or suits including attorney fees resulting from the negligent, gross
negligent and/or intentional acts, errors or omissions of the ARTIST; its agents or employees arising out of or
in connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the CLIENT.
b. Should a court of competent jurisdiction determine that this Agreement is subject to ROW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the ARTIST and the CLIENT, its officers and volunteers, the
ARTIST's liability hereunder shall be only to the extent of the ARTIST's negligence. it is further specifically and
expressly understood that the indemnification provided herein constitutes the ARTIST's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purpose of this indemnification.
PC. Box 246, Edmonds, WA 98020-02461 www.artwalkedmorrds.com 1425.298.7947 l into@artwalkedmoiids.com
Art Walk Edmonds is a 501 (c)3 nonprofil arts organizaton.
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12. Entire Contract/Waiver of Default
a. The parties agree that this contract is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Both parties recognize that time is of
the essence in the performance of the provisions of this contract
b. Waiver of any default shall not be deemed to be a waiver of any subsequent default.
c. Waiver of breach of any provision of the contract shall not be construed to be a modification of the terms of
the contract unless stated to be such through written approval by the CLIENT, which shall be attached to the
original contract.
CLIENT:
ARTIST:
Signature Signature
Print name Print name �� 41h f H �' J
Title C r^ M PE _ ., Title
Date Date J z_c al
€ O. Box 246, Edmonds, WA 98020-02451 www.artwalkedmonds.com 1425.298.79471 into@ artwalkedmonds,com
Art Walk Ed►nands is a 501(c)3 nonprofit arts organization.
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EXHIBIT I
Scope of Service
A. definitions
ARTIST:
Urban Artworks/Shogo Ota
CLIENT:
Art Walk Edmonds
SITE:
321 Main Street, Edmonds, WA 98820
WALL:
East -facing wall on 41h Ave N
WORK:
wall space between Salt & Iron and Church Key Pub
B. General
The ARTIST shall be responsible for all services and furnish all supplies, materials, and equipment as
necessary for the design, wall preparation, and execution of the artwork. This will include sealing the
WORK at the SITE, as previously determined by the ARTIST, ART WALK EDMONDS and BUILDING
OWNERS.
The WORK is described as follow: The ARTIST shall be responsible for the design creation, site
preparation and installation of artwork on the wall described in section A as approved by the
CLIENT. Final design will be presented to the CLIENT for approval.
C. Execution of Work
The ARTIST shall approach the design and execution of the work in accordance with the
proposed process and timeline which was agreed upon by both ARTIST and CLIENT, including
any additional or updated plans when mutually approved.
1. The ARTIST shall provide all labor and materials necessary to:
• Design a mural acceptable to CLIENT and BUILDING OWNERS
• Prepare the wail to accept a new mural
• Produce and complete a finished work of art (mural) on the WALL.
• Seal the mural
• Submit Maintenance Document
2. The ARTIST shall coordinate the schedule for implementation and completion of work with
CLIENT.
3. The CLIENT shall have the right to review the WORK at reasonable times during the process.
D. Payment Schedule
Payment 1: $1750 Deposit for project initiation, design meetings with CLIENT
and agreement of design concept
Payment 2: $1750 upon CLIENT's acceptance of final design
Payment 3: $3500 upon completed delivery, installation, and transfer of artwork title.
Invoices are required before payment can be processed.
P.O. Box 246, Edmonds, WA 98020-0246 1 www.arti--valkedmonds.com 1425.298.7947 1 itlfGOa artwaikedmands_cam
Art Walk Edmonds is a 501(c)3 nonprofit arts organization.
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e
ART MURAL AGREEMENT
BETWEEN PROPERTY OWNER AND MPE
This agreement is between Third Ave South Properties, LLC (Property Owner) and
the Mural Project Edmonds (herein called the "MPE").
RECITALS
1. MPE has a program for expanding public experiences with visual art by placing
works of art in public places and in places open to the view of the public; and
2. The Property Owner owns the real property situated at 321 Main St (physical
address) and is willing to make a portion of the east exterior wall on 41h Ave N
(Wall) available for an art mural.
3. MPE will work closely with the Property Owner to clarify the design, including
colors, themes, size and scope to determine a concept that is agreeable to both
MPE and the Property Owner.
4. After final approval by the City of Edmonds and the MPE of the installed mural, it
becomes the property of the MPE but may be removed by either party after a
period of five years.
5. The Property Owner is not required to pay for costs associated with the mural, but
donations are welcome.
The parties agree as follows:
This agreement is in effect for at least five years. After the five-year minimum, the
agreement may be terminated by either party upon 30 day written notice. Upon
termination, the Wall will be restored to its prior condition at the expense of the party
who initiated termination.
I I P a g e
P.O. Box 62, Edmonds, WA 98020 1 www.artwalkedmonds.com 1425.298.7947 1 info@artwalkedmonds.com
Art Walk Edmonds is a 501(c)3 nonprofit arts organization.
art walk edmonds
Early Termination by Property Owners: If Property Owner terminates this agreement after
signing, but before installation or the initial five years are up, Property Owner is
responsible for all monies paid out to and owed to artist, City of Edmonds for permitting,
and prep work already contracted or completed,
The MPE is responsible for the maintenance and necessary repair of the Mural during the
life of the agreement. The MPE shall have the right to access the Mural and the Wall for
maintenance purposes. The MPE may remove the Mural, if in the sole judgement of the
MPE, the Mural cannot be maintained.
Mural Pro;ect !Edmonds
Signature:
Property Owner
Signature•
Signature:
Signature:
Name/title: _ Name/title:
I CAI°�I D NaKL, DW��/"
Name/title:
Name/title:
Date: / Date:rfs
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P.O. Box 62, Edmonds, WA 98020 l www.artwalkedmonds.com 1425.298.7947 1 info Cruortwalkedmonds.com
Art Walk Edmonds is a 501(c)3 nonprofit arts organization.