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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