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BLD20181170OV Ejj)Af CITY OF EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 PHONE. (425) 771-0220 - FAX: (425) 771-0221 STATUS: ISSUED 09/21/2018 Pemjit#: BLD20181170 Expiration Date: 03/21/2019 [_ _ _ _ __ _ __ Project Address: 100 5THAVE N, EDMONDS, Parcel No: 00434202103 100 P&OP-n'T1'Ow?1-vX1 APPLICANT CONTRACTOR CAMWEST INC ART WALK EDMONDS JAKE WAGONER 2228 133RD ST SW PO BOX 246 4702 E MAPLE LANE CIRCLE NW LYNNWOOD, WA 98087 EDMONDS, WA 98020 GIGHARBORWA 98335 (425) 298-7947 (206) 2 18-2117 LICENSE #: EXP- JOB DESCRIPTION 73x]4 ft Mural on side of building. VALUATION: $0 PERMIT TYPE: Commercial PERMIT GROUP: 63 - Sign GRADING: N CYDS: 0 TYPE OF CONSTRUCTION: RETAININGWALL ROCKERY: OCCUPANT GROUP: OCCUPANT LOAD: FENCE: 0 X 0 FT�) CODE: OTHER: ------- OTHER DESC: I -ONE: INUMBER OF STORIES: 0 IVESTED DATE: INUMBER OF DWELLING UNITS: 0 ILOT 4: 1 LXIS]ING AREA BASEMENT: 0 1 ST FLOOR: 0 2ND FLOOR: 0 11110 PO S LI) A 14 LA BASEMENT: 0 1 ST FLOOR: 0 2ND FLOOR: 0 3RD FLOOR: 0 GARAGE: 0 DECK: 0 OTHER: 0 3RD FLOOR: 0 GARAGE: 0 DECK: 0 OTHER: 0 BEDROOMS: 0 BATHROOMS: 0 BEDROOMS: 0 BATHROOMS: 0 FRONTSEMACK SIDESEMACK REARSEMACK REQUIRED: PROPOSED: 11 EQUIRED: PROPOSED: 7=REQUIRED: PROPOSED: HEIGHT ALLOWED:O PROPOSED:O IREQUIRED: PROPOSED: SETBACK NOTES: I AGREE TO COMPLY WITH CITY AND STATE LAWS REGULATING CONSTRUCTION AND IN DOING THE WORK AUTHORIZED THEREBY, NO PERSON WILL BE EMPLOYED IN VIOLATION OF THE LABOR CODE OF THE STATE OF WASHINGTON RELATING TO WORKMENS COMPENSATION INSURANCE AND RCW 18:27. THIS APPLICATION IS NOT A PERMIT UNTIL SIGNED BY THE BUILDING OFFICIAL OR HIS/HEIR DEPUTY AND ALL FEES ARE PAID. wbblo bt� (—x— -Rociu, \w'h�" wz/// � -eK— Ir, � " — - 9 1-0-6 �t. Signature "-/ Print Narne Date ATTENTION IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUC11JRE UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL ORA CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED. UBC109/ JECI I 01IRCI 10. = FIRE = APPLICANT = ASSESSOR E��J-CITY STATUS: ISSUED BLD20181170 • All new, extended, re -built or relocated electrical utility and/or service shall be placed underground. • Final approval on a project or final occupancy approval must be granted by the Building Official prior to use or occupancy of the building or structure. Check thejob card for all required City inspections including final project approval and final occupancy inspections. • Any request for alternate design, modification, variance or other administrative deviation (hereinafter "valiance") fi-om adopted codes, ordinances or policies must be specifically requested in writing and be called out and identified. Processing fees for such request shall be established by Council and shall be paid upon submittal and are non-refundable. Approval of any plat or plan containing provisions which do not comply with city code and for which a variance has not been specifically identified, requested and considered by the appropriate city official in accordance with the appropriate provision of city code or state law does not approve any items not to code specification. Sound/Noise originating from temporary construction sites as a result of construction activity are exempt fi-om the noise limits of ECC Chapter 5.30 only during the hours of 7:00am to 6:00pm on weekdays and 10:00am and 6:00pm on Saturdays, excluding Sundays and Federal Holidays. At all other times the noise originating from construction sites/activities must comply with the noise limits ofChapter5.30, unless a variance has been granted pursuant to ECC 5.30.120. Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold harrnless the City of Edmonds, Washington, its officials, employees, and agents from any and all clain's for damages of whatever nature, arising directly or indirectly fi-om the issuance for this permit. Issuance of this permit shall not be deemed to modify, waive or reduce any requirements of any City ordinance nor limit in any way the City's ability to enforce any ordinance provision. * THIS PERMIT AUTHORIZ_ES ONLY THE WORK NOTED. THIS PERMIT COVERS WORK TO BE DONE ON PRIVATE PROPERTY ONLY. ANY CONSTRUCTION ON THE PUBLIC DOMAIN (CURBS, SIDLWALKS, DR[\/L\/VAYS, MARQUEES, ETC.) WILL REQUIRE SEPARATE PERMISSION. PERMIT TIME LIMIT: SEE ECDC 19.00.005(A) (6) BUILDING ENGINEERING (425) 771-0220 EXT. 1326 1. Go to: www.edmondswa.gov Building Department Inspections 2. Then: Ser\Aces are now scheduled online. If you FIRE (425) 775-7720 3. Then: Perm its/Development have difficulties, please call the 4. 71hen: Online Permit Info Building Department front desk for PUBLIC WORKS (425) 771-0236 5: If you don't ha\e one already, create a assistance during office hours. login (upper right hand corner) (425) 771-0220 RECYCLING (426) 2754801 6: Schedule your inspection When calling for an inspection please leave the following information: Permit Number, Job Site Address, Type of Inspection being requested, Contact Name and Phone Number, Date Preferred, and whether you prefer morning or afternoon. • ETraffic Control • E-Engineering Final • B-Building Final BUILDING PERMIT Office Use Only APPLICATION Permit #: Development Services Building Division 121 Sth Ave N / Edmonds, WA 98020 'J�c. 199-1 425.771.0220 For handouts, submittal requirements, permit status and inspection scheduling information go to: http://www.edmondswa.gov/ JOB SITE INFORMATION/LOCATION: (Where the work is taking place) Job Site Address: job 5N, ye- N Parcel: Lot /Unit/Suite #: Subdivision: PROPERTY OWNER: Name: (]� a 1. JQLY�_ Inc Mailing Address: ';�(f /33fd �'% b 0 City/State/Zip: 1.�Itaqcjdild Phone #: Email OWNER INSTALLATION: *If yes, read and sign* Will work be performed by the property owner? E]Yes ONo I own, reside in, or will reside in the completed structure. This installation is being made on property that I own which is not intended for sale, lease, rent, or exchange according to RCW 18.27.090. Owner Signature: APPLICANT / CONTACT INFORMATION: Name of Applicant: 4-Ki_)WV_6drnondS NA Mailing Address: P. 0 - E�D le aq�' City/State/Zip: erl " oyid WA q �b 2,b Phone #: Z9 04 — -�914-7 E-mail: )VIT-0 r-+ UW Led mond S . em) et — GENERAL CONTRACTOR: (if different from applicant) General Contractor: Mokf WCLVI_P_�_ Mailing Address: Y'76Z E Made- (ain (� C tick W) City/State/Zip: Oua �hrbclirl, WA 9 93:3,-S J_ j Phone #: 249-W-7 E-mail: co rn WA STATE CONTRACTOR L & I # (CCB) & EX IRATION DATE: & 7 1 CITY OF EDMONDS BUSINESS LICENSE #: TYPE OF PERMIT (Provide • Accessory Structure/ Detached Garage Details on Page 2) 0 Addition • Demolition El Mechanical El New Single Family / Duplex El Plumbing 0 Fire Sprinkler 0 Remodel El New Commercial/ Mixed Use 0 Re -Roof )Csigns 0 Tank 0 Tenant Improvement 0 Other Remodel Permit fees are based on: The value of the work performed. Indicate the value (rounded to the nearest dollar) of all equipment, materials, labor, overhead, and the profit for the work indicated on this application. Valuation: PROPOSED NEW SQUARE FOOTAGE FOR THIS APPLICATION Basement sq ft: Finished El Unfinished 0 Ist Floor, sq ft: 2nd Floor, sqft: Garage/Carport:, sq ft: Deck/Covered Porch/Patio: Other sq ft: PROJECT DESCRIPTION 4wo Offa-c-, 3 Lk. W I F BA I mnanhairn 0 +r--Pt=s in bAnid-rArda; Y mura I certify that the information I have provided on this form/application is true, correct and complete, and that I am the property owner or duly authorized agent of the property owner to submit a permit application to the City of Edmonds. Print Name: Signature-.;3q�'&= Date C.J GENERAL COMMERCIAL DATA Occupancy Group(s): Occupant Load(s): Type(s) of Construction: Fire Sprinklers: Yes D No El WA STATE ENERGY CODE: If your project affects the building envelope, mechanical systems, and/or lighting, you must complete the appropriate WSEC forms. DEFERRED SUBMITTALS: All commercial building permits that will require associated plumbing, mechanical, fire sprinkler, and/or fire alarm permits are applied for separately.___ _ TI / CHANGE OF USE / NEW BLDG: Include TRAFFIC IMPACT worksheet MECHANICAL EQUIPMENT COUNTS (New and Relocated) BTUs Gas Elec Other QtY A/C Unit /Compressor Air Handier /VAV Boiler Dryer Duct Exhaust Fans Fireplace Furnace Heat Pump Unit Hydronic Heating Roof Top Unit (Provide eleva- tions if a Commercial Bldg) Other: PLUMBING FIXTURE COUNTS (New, Relocated or re -piped) City QtY Clothes Washer Tub/ Showers Dishwasher Backflow Device (RPBA, DCDA, AVB) Drinking Fountain Pressure Reduction/ Regulator Valve Floor Drain/Sink Refrigerator Water Supply Hose Bibs Water Heater - Tankless? Y or N Hydronic Heat Water Service Line Sinks Other: Toilets Other: GAS/FUIEL CONNECTION COUNTS (New, Relocated or re -piped) BTUs Cty BTUs Qty A/C Unit Outdoor BBQ/ Fire pit Boiler Stove/Range/Oven Dryer Water Heater Fireplace/ Insert Other: Furnace Other: MEDICAL GAS, AIR VACUUM COUNTS (New, Relocated or re -piped) QtY Qty Carbon Dioxide Nitrous Oxide Helium Oxygen Medical Air Other: Medical - Surgical Vacuum Other: Type of structure to be demolished: Square footage of structure to be demolished: AHERA Survey done? Y/N TPSCAA Case #: Critical Areas Determination: Study Required El Conditional Waiver El Waiver El Fill in Place 0 Fill Material: Removal 11 Size of Tank (Gallons) Critical Areas Determination: Study Required El Conditional Waiver 0 Waiver El GRAD E/Fl LL/EXCAVATE Grading: Cut cubic yards Fill cubic yards Cut/ Fill in Critical Area: Yes[] NoD GENERAL PROVISIONS APPLICATIONS: Applications are valid for a maximum of I year. ESLHA Applications, 2 years. LICENSING: All contractors and subcontractors are required to be licensed with Washington State Department of Labor & Industries and have a current City of Edmonds Business License. Applicant shaH repair/replace all damage to Utilities or frontage improvernents in City right-of-way per City standards that is caused or occurs during the permitted project. ....................... CITY COPY OWK-ETCONTPLA.CTOR IS RE3,00t4SIBLE FOR EROSION C(-'%'ffR00.- XV0 DRAINAGE Main St Working Area Walking Path (5ft+) MCones (As Needed IIIINGINEEP*X3 D4M" APMO��D AS NOTED C' A L�'- kk Lg I- d A 15' 91A0 A-F 4LA- —fiKES. Page 1/1 A OV EDA, CITY OF EDMONDS O� 121 50'Avenue North Edmonds, WA 98020 Phone: 425.771.0220 Fax: 425.771.0221 - Web: www.edmondswa.gov DEVELOPMENT SERVICEs DEPARTMENT: PLANNING DIVISION ADMINISTRATIVE DESIGN REVIEW - STAFFDEasioN- BLD20181170 - 100 5" Avenue North Mural Art Walk Edmonds has submitted an application to apply a mural on the southern facade of the business located 100 - 511 Avenue North. Permit Number BLD20181170 Property Owner Camwest Inc. 228 133 d Street SW Lynnwood, WA 98087 Design Review Process Applican Art Walk Edmonds PO Box 246 Edmonds, WA 98020 Design review for signs is considered a Type I decision subject to the requirements of Edmonds Community Development Code (ECDC) 20.01.003 and reviewed in accordance with ECDC 20.60.015.C. Analysis: Location. The proposed mural is located within the BDI (Downtown Retail Core) zone. The proposed mural will fill the wall area above the sidewalk from the eastern extent of the building to the display window near the western corner of the building. 2. The Comprehensive Plan designation for the site is Downtown/Waterfront Activity Center - Retail Core. The murals satisfies the intent of Chapter 22.43 ECDC, specifically treating blank walls, as well as the following goals and policies from the Comprehensive Plan: a. Downtown Design Objectives are found on pages 125 - 127 and are intended to encourage its unique design character and important place-inaking status within the City. b. Urban Design Goal B.8 "Art and Public Spaces. Public art and amenities such as mini parks, flower baskets, streelfurniture, etc., should be provided as a normalpart ofthe public streetscape. Whenever possible, these elements should be continued in the portion of the private streetscape that adjoins the public streetscape. " (page 12 6). 3. Sign type. The mural is considered a wall graphic and wall graphics are conditionally permitted sign types in the Downtown/Waterfront Activity Center. Review criteria for murals are contained within ECDC 20.60.015.C.3: a. Quality of the materials used to create the artwork. Materials should be resistant tofading; no fluorescent paints: The mural will be painted using Molatow Belton premium paint. Molotow Premium paint is UV resisting due to the fact that they use quality pigment to start, which is then ground four times rather than just once. The pigment is in a finer grain making it hard for the elements to penetrate through the layers. No fluorescent paints are proposed for any of the murals. Page I of 2 b. Durability andpermanence, including ability to withstand age, vandalism and weathering. Consideration should be given to anti -graffiti coating: The mural will be painted using Molatow Belton premium paint and is UV resistant. The muralist guarantees the artwork form faults of material and workmanship for four years from the date of installation. If touchups are necessary due to acts of God for vandalism, Mural Project Edmonds will hire muralist for repairs. c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent structures. Compatibility shall be determined by relationships of the elements ofform, proportion, scale, color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may be consideredfor inclusion when necessary to the artistic content. The mural is compatible with the character of the building on which it is being placed as well as the downtown Edmonds streetscape. The mural does not contain any lettering. Decision: Based on the facts and conclusions of this report, staff finds that the design review for BLD20181170 is APPROVED. reviewed the aqft�ication for compliance with the Edmonds Community Development Code. N P- 7- en Lien, Plan'h4Division Date Appeals: The decision of the staff on any design review application containing a mural or art as wall graphic may be appealed to the city council pursuant to the procedures established in Chapter 20.06 ECDC. Page 2 qf2 Lien, Kernen From: Rachel Dobbins <info@artwalkedmonds.com> Sent: Thursday, September 6, 2018 11:05 AM To: Lien, Kernen Subject: status of application number BLD20181170 Attachments: Orca Mural - Elevation - Final - wTrim.jpg Hi Kernan, I'm just following up on Art Walk Edmonds permit application for the mural on the south side of the Sound Styles building at 100 5th Ave N. 1) Double-checking to make sure that you received the signed contract with our artist that Denise Cole forwarded to you on August 30th. 2) There has been a slight change in design. Even though the building owner signed off on the mural with the intention of painting over the teal and purple dental work at the top of the wall with gray lines, the tenant did not approve. The artist has sent us a rendering of the wall with the dental work intact, which I am attaching. 3) The brand of paint the artist was using was listed incorrectly. It is actually Molatov Belton, not Montana. Please let us know if there is anything else you need from us to proceed. We are looking forward to finally seeing this project come to fruition! Do something AWEsome! Rachel Dobbins, Coordinator & The Art Walk Team www.artwalkedmonds.com 1425.298.7947 awe oil wolkedmonds _ I A - Art Walk Edmonds is held monthly in the picturesque waterfront town of Edmonds on the third Thursday throughout the year, rain or shine. With multiple downtown galleries and businesses hosting local and regional artists, Art Walk Edmonds attracts visitors from throughout the greater Seattle metropolitan area and is one of the top five most attended Art Walks in the region. This non-profit 501(c)(3) organization's mission is to expose the regional community to all types of art, including fine art to music, dance, theatre, performance art, culinary art, and the written word. aweart wolk edmonds Edmonds Mural Project Mural Permit Proposal August 29, 2018 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 its first two walls for mural installation for the summer of 2018 as the south -facing wall of the current Sound Styles building and the west -facing wall and the top north -facing wall of the current Mar*Ket store. In May 2018, at MPE's expense, the deteriorating previously -installed mural was removed. A call went out for professional muralists in July, and two muralists were chosen to design murals for their corresponding walls. In collaboration with MPE, the building owners and building occupants, a final design has been completed. The Mural Project Edmonds Committee Denise Cole, Committee Chair (206) 406-4388 Robert Gutcheck (206) 707-3439 Lynn Hanson (206) 960-2118 Clayton Moss (206) 920-5912 CITY COPY Mark VonGunten (425) 361-7284 Tia Benson Tolle (937) 532-4538 AUG 3 0 2016 BUILDING P.O. Box 246. Edmonds, WA 98020-02461 www.artwalkedmonds.corn 1425.298.79471 infoUartwalkedmonds.com Art Walk Edmonds is a 501(c)3 nonprofit arts organization. o%QA, w eart walk edmonds Mural 1 -. Sound Styles Wall, 100 51 Ave N, Edmonds (NE comer of Main Street, south -facing wall of building) Mural approximately 14 feet on the west side x 73 feet long x I I feet high on the east side Muralist-. Jake Wagoner (resume attached) Mural Description: Two orcas jumping out of the water while birds fly overhead. Mountains and trees in the background. (scale version attached) Mural will be painted using Montana professional mural paint, one of the highest quality professional mural paints which can be sprayed on or painted. Maintenance Requirements: The muralist guarantees the Artwork from faults of material and workmanship for four (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 second week of September, pending permit. Installation should take one week. 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. RO. Box 246, Edmonds, WA 98020-02461 www.artwalkedmonds.com 1425.298.79471 info@artwaikedmonds.com Art Walk Edmonds is a 501(c)3 nonprofit arts organization. jake Wagoner - FortySixC Creative Engineer 4702 E Maple Lane Circle NW Gig Harbor, WA 98335 (206) 218-2117 1 jake@fortysixc.com I www.fortysixc.com lake Wagoner's background in Environmental Graphic Design and Mural Art allows him to use creative strategies to build genuine connections between the site, the art, and the viewer. He works with a variety of mediums such as plastic, aluminum, spray and latex paint, wood, and different protective sealants to name a few. With job experience in an architectural design flrm, Jake has first- hand experience working with a team bringing art into architecture. He has worked on large-scale building projects using his expertise to design art pieces, custom signage, and the interior look and feel. He can integrate his vision smoothly into any space without difficulty. Jake also has experience in Project, Artist, and Site Management, Site Plans, Gallery Curating, Interior Design, Adobe CC, Web Design, and Sketchup. Education: 2010, Web Design, Seattle Central Community College: Seattle, WA 2003, Associate of Applied Science in Graphic Design, Platt College: San Diego, CA 1998, Stadium High School: Tacoma, WA Art Experience: 2018, Live Like The Mountain Is Out, Alaska Airlines, Tacoma, WA 2018, Hitchcock, Treefort Festival, Boise ID 2018, Bardy Signage and Art, BardyDx, Seattle WA 2017, Skate Park Cranes, City of Issaquah, Issaquah WA 2017, What Is, City4of Kirkland, Kirkland WA 2017, Nautical Birds, Point Ruston, Tacoma WA 2017, Explore and Discover, Point Ruston, Tacoma WA 2017, Owls Are Out, Ubiquitous Journey, Tacoma, WA 2017, Kalia, Microsoft, Redmond WA 2016, Historic Seattle, Belltown Pub, Seattle WA 2016, Sundown, Aston Manor, Seattle WA 2016,3uilt Signage Mural, 3uilt, Tacoma WA 2016, Witness The Beauty, Town of Friday Harbor, Friday Harbor WA 2016, Bowman Murals and Art, Legacy Partners, Seattle WA 2015, In Bloom, Equity Residential, Seattle WA 2015, FMC, Private Commission, Seattle, WA 2015, Purple Bird, Burien Art Festival, Burien WA 2015, Focus, Private Commission, Puyallup WA 2015, Caf6 83 Environmental Graphics and Signage, Microsoft, Redmond WA 2014, Into The Sky, Artspace, Seattle WA 2014, Control What You Can, Goodwill, Seattle WA 2 013, Seahawks 12th Man, AVMS, Seattle WA 2012, Music Is Life, Jackson Place Community Council, Seattle WA Organizations: 2010-Present, FortySixC, Art and Design Studio, Founder 2018-Present, Trail of Humanity, Non -Profit, Co -Director 2006-2010, Artifakt Art Shows, Art Galleries and Events, Co-founder and Creative Director a Wo art 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 Jake Wagoner, hereinafter referred to as the "ARTIST" for producing one in the series. 1. 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 1, not to exceed a maximum of $12,000, 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. 3. Term The term of this Agreement shall commence August 1, 2018 and end at midnight on the 31 st day of December, 2018. P.O. Box 246, Edmonds. WA98020-0246 I www.artwalkadmonds.com 1425.298.79471 info@artwatkedmonds.corr Art Walk Edmonds is a 501(c)3 nonprofit arts organization. P9. 1 art walk edmonds CONTRACT FOR SERVICES 412ECEIVED 3 0 2018 SUL9 t t �INQ � 11 Art Walk Edmonds, a 501 (c)(3) non-profit organization seeks to sponsor artwork that will enhance e ove 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 tL_ "CLIENT" and Jake Wagoner, hereinafter referred to as the "ARTIST" for producing one incms. topj-�- 1. 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 1, not to exceed a maximum of $12,000, 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. 3. Term The term of this Agreement shall commence August 1, 2018 and end at midnight on the 3 1 st day of December, 2018. P.O. Box 246, Edmonds. WA 98020-0246 1 www.artwalkedmonds.com 1425.298.7947 1 info@artwalkedmonds.com Art Walk Edmonds is a 501(c)3 nonprofit arts organization, M a �Ye art walk edmonds 4. 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. 5. 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. 6. 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. 7. 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 ARTIST cannot agree regarding repairs, the CLIENT may accomplish such repairs as it deems necessary. P.O. Box 246, Edmonds, WA 98020-0246 1 www.artwalkedmonds.com 1425.298.7947 1 iiifo@artwatkedmonds.com Art Walk Edmonds is a 501(c)3 nonprofit arts organization. pg. 2 a W,eart walk edmonds 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. 8. 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 if I . the ARTIST substantially breaches any duty, obligation, or service required pursuant to this contract; or 2. the duties, obligations, or services required herein become impossible, illegal, or not feasible. 3. Expected or actual funding is limited in any way 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. 9. Risk of Loss The risk of loss 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. 10. 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. P.O. Box 246, Edmonds, WA 98020-0246 1 www.artwaikedmonds.com 1425,298,7947 1 info@artwatkedmonds.com Art Walk Edmonds is a 501(c)3 nonprofit arts organization. pg. 3 aw,e #1�4* Otill,* art walk edmonds b. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.2A. 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. 11. 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: Signature Print name -k>0-1-3C-)?7- (7U7Z,--hQFCA-` ARTIST: Signature — \�-J kA\-Il- \J \J I Print name :�Ake- Qv,�ov%rr Title 0(-74z j:�: &kl& k L :�WAII)S Title Date K/24J-) P, Date P.O. Box 246,Edmonds, WA 98020-0246 1 www.artwalkedmonds.com 1425.298.79471 infoCo)artwalkedmonds.com Art Walk Edmonds is a 501(c)3 no nprof it arts organization. F-9- 4 eart walk edmonds EXHIBIT I Scope of Service A. Definitions ARTIST: Jake Wagoner CLIENT: Art Walk Edmonds SITE: Main Street Wall, Northeast corner of Main Street and 5t' Ave North, Edmonds WALL: entire wall known as Sound Styles Wall WORK: Mural approximately 14 feet on the west side x 73 feet long x 11 feet high on the east side 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 wall 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. P.O. Box 246, Edmonds, WA 98020-0246 1 www.artwalkedmonds.com 1425.298.7947 1 iiifo@artwalkedinonds.com Art Walk Edmonds is a 501(c)3 nonprofit arts organization. M areart walk edmonds (ni X�� 61E� D. Payment Schedule Payment 1: $3,000 Deposit for project initiation, design meetings with CLIENT and agreement of design concept Payment 2: $3,000 upon CLIENT's acceptance of final design Payment 3: $6,000 upon completed delivery, installation, and transfer of artwork title. EXHIBIT 11 Schedule for Service A. Design concept and definition August 6 - August 13, 2018 B. Presentation of design concept August 14, 2018 C. Presentation of final design August 21, 2018 D. Initial preparation of wall August 27 - Aug 31, 2018 E. Begin Mural installation September 3, 2018 F. Completion of mural September 30, 2018 G. Acceptance and transfer of artwork title October 1, 2018 P.O. Box 246, Edmonds, WA 98020-0246 1 www.artwalkedmonds.com 1425.298.79471 info@artwatkedi-nonds.com Art Watk Edmonds is a 501(c)3 nonprofit arts organization. M-1 aweart walk edmonds ART MURAL AGREEMENT This agreement is between Cam West Inc (Property Owner) and the Mural Project Edmonds (herein called the "MPE"). RECITALS I - 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 Wall Owner owns the real property situated at 100 Sth Ave K Edmonds WA 98020 (physical address) and is willing to make the 1pyth facing exterior wall (Wall) available for the attached art mural. 3. After final approval by the City of Edmonds and the MPE of the installed mural, it becomes the property of the MPE and may be removed by either party after a period of five years. The parries 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 f he party who initiated termination. 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 Project Edmonds PO Box 246 Edmonds, WA 98020 Signature- Name/title- Date: Cam West INC 2228 133rd St SW Lynnwood. WA 9AnA7 Signature: Name/title: TERRY J CAMPBELL 08/31/2018 Date: P.O. Box 246, Edrnonds, WA 98020-0246 1 www.artwolkedmc)nds.com 1425.298-794.7 info @arfwalkedmonds. c om, Art Walk Edmonds is a 501 (c)3 -nonprofit arts organization. w m m m m m m m m m = m m 0 "- I a 0 Mier CITY OF S B L'. � I � f WORK M 0 ADDROS7 101-� OWNER APPROVIL BLDG. P I T r,41 U -A B E i CMY copy REG 0 ED. ? BUILDING