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You,M^O1N`O Outdoor Sculpture Gallery Artist Agreement
This Agreement, entered into to be effective on the date the last party hereto executes
this Agreement is between the City of Auburn (hereinafter referred to as the
"BORROWER"), and Kris Vermeer (hereinafter referred to as the "LENDER").
RECITALS. LENDER has been selected to install the artwork described below
(hereinafter described and referred to as the "WORK") in Downtown Auburn 1st Street
NE and N Division Street (hereinafter referred to as the "SITE") for the Outdoor
Sculpture Gallery-Art on Main (hereinafter referred to as the "EXHIBITION").
- AGREEMENT - -
LENDER shall execute and install the WORK in accordance with the design proposal
attached as Exhibit "A" and the following description and specifications:
NAME OF PUBLIC ART PROJECT
LENDER: Kris Vermeer
ADDRESS _9115 E. D St.,_Tacoma, WA 98445
PHONE. 253-531-5119
E-MAIL. krisvermeer @msn.com
LOAN PERIOD October 2012- Se tember 2013
TITLE OF WORK._Tree of Life
MEDIUM: Fabricated Steel
DIMENSION—J-87 j, 751.4 5�j
SELLING-PRICE. $ c.-_ _
1 ARTIST'S WORK LEND
WORK at LEND ER agrees to create, loan for exhibition, and
shall
WORK
before the second weektofthe SITE eThel
pecific date of installation the
D OWER e e LENDER. LENDER is responsible will be coordinatetallation and delive
ER'S sole pense ry
be purchase at the ter of the le forremovin d between
d at the end of the exhibit nano of the exhikit 9 the
2. EXHIBITION period. period should CORK at
exclusive right During the term of the loan he WORK not
the Loan p ght to possession of the Period BO at s th
eriod. The WORK WORK, and the WO
time specified on the face of th shall re hall h:eh
any time by the BORRO A but masessiir mathe not ote d Burin WER. Y be vith,- RWER forth g ibition at
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Outdoor Sculpture Gallery Artist Agreement
9 INSURANCE BORROWER must be supplied with a certificate of insurance naming
BORROWER as additional insured or waiving subrogation against BORROWER from
any liability in connection with the loaned property BORROWER accepts no
responsibility for any error or deficiency in information furnished to LENDER'S insurers
or for lapses in coverage.
10 LOSS AND ASSUMPTION OF RISK LENDER agrees and consents to assume the
risk and hold BORROWER harmless from any loss or damage to the WORK during the
term of the Loan Agreement for amounts not covered by BORROWER'S insurance
policy referenced in Section 9 above, including the amount of any deductibles. Further,
LENDER acknowledges and agrees that the BORROWER has no obligation to provide
and BORROWER will not be providing any security for the WORK during its display in
the EXHIBITION.
11 ASSIGNMENT LENDER shall not assign this Agreement, in whole or in part, or any
right or obligation, without the prior written approval of BORROWER.
12. WARRANTY LENDER represents and warrants to BORROWER that the WORK is
unencumbered and no third party has any claim of ownership or claim of right to possess
the WORK. Additionally, LENDER represents and warrants to BORROWER that
LENDER has full right, power and authority to grant the rights LENDER has granted to
the BORROWER under this Loan Agreement and BORROWER'S public display and
copying and distributing images of the WORK will not infringe the copyrights or other
intellectual property.rights"of any other person nor violate any rights of privacy or any
other statutory or common law rights.of any third person., ., - - ,
13. DEFAULT If the LENDER fails to fulfill in timely and proper manner its obligations
under this agreement, or if the LENDER shall violate any of the terms of this agreement,
the BORROWER shall have the right to sue for specific performance, to immediately
terminate this agreement and withhold payments in excess of fair compensation of
WORK completed, and recover charges. Not withstanding the above, the LENDER shall
not be relieved of liability to the BORROWER for damages sustained by virtue of any
breach of this agreement by the LENDER.
14 SEVERABILITY If any term of this Agree ment is held to be illegal, void or _ _ _
- unenforceable for any reason,—such holding shall not affect the validity and enforceability
of any other term of this Agreement.
15 ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the
parties with respect to the subject matter of this Agreement, and supersedes and
replaces any prior written or oral agreements, or understandings between the parties.
16. GOVERNING LAW AND VENUE This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. The venue for any
action commenced under this agreement shall be exclusively in King County,
Washington.
17 ATTORNEY'S FEES In the event of arbitration or litigation arising out of, or in any
way related to any term set forth in this Agreement, the prevailing party, in addition to