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HomeMy WebLinkAboutDan Klennert J�'�T „.-__TT n ��T A-,/.7# (c < I�V��=B°V ill V '-��o0_,„AN ypV pMACINF.O Outdoor Sculpture Gallery Artist Agreement '+0 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 Dan Klennert (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 B street SW and Main 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: Dan Klennert ADDRESS P 0 Box 402,_ Elbe, WA 98330 _ PHONE. 360-569-2280 / 26(0 - q k`-‘ - -.11"-i el05t / // E-MAIL. _irondan10 @gmail.com ��j/ �// LOAN PERIOD October 2012- September 2013 TITLE OF WORK. Road Runner MEDIUM: Metal DIMENSIONS- H:St�1N: 2 -°D:,(0 -- "-- Mips,a, '- SELLING PRICE. $/DDD©• 1 ARTIST'S WORK LENDER agrees to create, loan for exhibition, and deliver the WORK at LENDER'S expense, to the SITE. The specific date of installation and delivery shall be before the second week of November and will be coordinated between BORROWER and LENDER. LENDER is responsible for removing the WORK, at LENDER'S sole expense, at the termination of the exhibit period should the WORK not be purchased at the end of the exhibit period. 2. EXHIBITION During the term of the loan period, BORROWER shall have the exclusive right to possession of the WORK, and the WORK may not be removed during the Loan Period. The WORK shall remain in the possession of the BORROWER for the time specified on the face of this Agreement, but may be withdrawn from exhibition at any time by the BORROWER. 0 ; ° REflIAN N You IMAGINED Outdoor Sculpture Gallery Artist Agreement 9 INSURANCE BORROWER must be supplied with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. i't'-'° 14 SEVERABILITY If any term of this Agreement 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