HomeMy WebLinkAbout26-041 - Contract - Sharon Leishman - Artwork Loan: Tukwila Community Center26-041
Council Approval N/A
Loaned Art Agreement
This Agreement is entered into on January 7, 2026 by and between the City of Tukwila
("City") and Sharon Leishman, ("the Artist") (collectively, the Parties).
WHEREAS, the City has determined there is a public benefit to having artwork on
display in City facilities but does not have the manpower or expertise to provide the artwork; and
WHEREAS, the Artist desires to display their artwork for cultural and promotional
reasons; and
WHEREAS, the Parties have agreed for the Artist to display their artwork at the Tukwila
Community Center, located at 12424 42nd Ave S., Tukwila, WA 98168 ("Exhibit"); and
WHEREAS, the Exhibit will consist of4500pieces of original art created by the Artist.
NOW, THEREFORE, IN CONSIDERATION OF the mutual benefits and conditions
hereinafter contained, the Parties hereto agree as follows:
Exhibit Period: Tuesday, February 3, 2026 to Monday, June 1, 2026
Artist and City Contacts:
ARTIST Contact Information:
CITY Contact Information:
4899-1977-7152, v. 1
{JBS4899-1977-7152;1/13175.000001/}
Sharon Leishman
17818 SE Jones Rd
Renton WA United States
98058
s.leishman76@gmail.com
Michael May
Program Manager, City of Tukwila
1242442 d Ave. South
Tukwila, WA 98168
206-767-2342
Michael.MayLTukwilaWA. og_v
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CONDITIONS:
1. Transportation
The ARTIST shall be responsible for the transportation of their own artwork to and from the
Exhibit. The ARTIST shall cover all transportation costs, and any damage in transit is the
sole responsibility of the ARTIST. Artwork must remain in place until the Exhibit closes.
2. Installation and Removal
The artwork shall be installed and removed by the ARTIST or an agreed-upon curator. The
ARTIST shall completely remove all artwork no later than 7 business days after termination
of the designated Exhibit Period. In the event that maintenance or repair of the artwork is
necessary during the display time period, the ARTIST shall repair, remove, or otherwise
maintain the artwork as soon as reasonably possible after being contacted by the City. The
City reserves the right to refuse to allow installation or to require immediate removal of the
artwork if the City believes it creates a hazard to the property tenants of the property or to
guests, pedestrians, or others using the property. The City further reserves the right to require
the immediate removal and/or remove any artwork if the City, in its sole discretion,
determines that the content of said artwork is inappropriate or incompatible with the public
uses. The City agrees not to purposefully destroy, alter, modify or otherwise change the
Artwork in any way whatsoever. If any alteration occurs after the receipt of the Artwork by
the City, whether intentional or accidental, the Artist has the right to request that the Artwork
shall no longer be represented to be the Artwork of the Artist.
3. Indemnity
A. The City of Tukwila shall have no duty to safeguard, protect, or provide materials
to maintain the artwork. The ARTIST hereby releases the City and waives any
claim against the City, its elected and appointed officials, employees and agents
related to any alleged failure by the City to safeguard, protect, or maintain the
artwork.
B. The Artist shall defend, indemnify and hold the City, its elected and appointed
officials, employees, and agents harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Artist in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City. However, should a
court of competent jurisdiction determine that this Agreement is subject to RCW
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 City, its elected and appointed officials, employees,
and agents, the Artist's liability, including the duty and cost to defend, 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 purposes of this indemnification. This waiver has been mutually negotiated by
the Parties. The provisions of this section shall survive the expiration or termination
of this Agreement.
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4899-1977-7152, v. 1
{JBS4899-1977-7152;1/13175.000001/}
4. Insurance
The City of Tukwila does not provide insurance coverage for any artwork or related items.
5. Agreement Non -Transferable
This Agreement to exhibit the artwork is personal to the ARTIST and cannot be assigned or
transferred to any third parties.
6. Entire Agreement
This Agreement represents the entire integrated Agreement between the City and the
ARTIST, superseding all prior negotiations, representations or agreements, written or oral.
This Agreement may be modified, amended, or added to, only by written instrument properly
signed by both Parties hereto. The standard terms and conditions set forth above supersedes
any conflicting terms and conditions on any attached and incorporated exhibit.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year above written.
ARTIST:
DocuSigned by:
SI�,av'Oln, (,t,iS�aln,
Signature
Duwamish Alive Coalition, Director
Title
1/29/2026 112:42 PM PST
Date
4899-1977-7152, v. 1
{JBS4899-1977-7152;1/13175.000001/}
CITY OF TU'Is& ILA:
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Signature
Program Manager
Title
1/29/2026 13:17 PM PST
Date
ATTEST/AUTHENTICATED:
Signed by:
DAF
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Signed by:
Office of the City Attorney
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