HomeMy WebLinkAbout2018 Art on Main Artist Contracts.0RU
' M 0THAN YOU WACINEO
One Main Street 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 S A d TiQQ(hereinafter referred to as the
'LENDER").
RECITALS: LENDER has been selected to install the artwork described below
(hereinafter described andr ferred to as the "WORK") in Downtown Auburn
4hereinafter referred to as the "SITE") for the Art on
Main Gallery at One Main Street(Aereinafter 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:.�/���a�e
LENDER: 5c., ' tea "
ADDRESS: l /a�� /7y'e- ��f/?'"rlL� . Lrr/� ��lZ2-
PHONE:
E-MAIL:
Vq,400 C av"
LOAN PERIOD: OG40bew PeCe-%/—P�
TITLE OF WORK:g41( %owe 5 �° )' SeQ 11
MEDIUM: V44-1'ywS tMec([ 'L-L,�
DIMENSIONS: H:/0' W: 14 ' D: 3 '
SELLING PRICE: $ /h 7'dr SpCC,T�
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 on or before the 28th of March, 2017 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. LENDER
further agrees to provide WORK that does not exceed an appraised value of
$10,000.
Page 1 of 5
AftRloT
THAN Yo'j'MAGINCO One Main Street Gallery Artist Agreement
a. INSTALLATION. The BORROWER as a courtesy will assist with the
installation under the direction of the artist.
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time specified on the face of this Agreement, but may be withdrawn from exhibition at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.
3. SALE OF WORK. In the event that the piece is purchased at the conclusion of the
EXHIBITION, the BORROWER shall allow the LENDER first right of refusal for the
purchase of the artwork.
1
4. REMOVAL. All WORK must be removed by March 30, 2018 and the SITE must be
returned to its original condition upon removal of the WORK. If the LENDER fails to
remove the WORK within two weeks after such termination, then the BORROWER may
place the WORK in public storage for the account of the LENDER or may retain
possession and charge storage fees at market rate, and carry insurance on the WORK,
and the BORROWER shall have a lien for the storage fees and cost of the insurance. If
the LENDER has not claimed the WORK'after six months from the last day of the Loan
Period, the work shall be deemed an unrestricted gift to the BORROWER.
5. COMPENSATION. BORROWER agrees to pay LENDER a $1,000 stipend that will be
split into two payments. The first payment of $800 will be paid upon the satisfactory
completion of installation of the WORK as accepted by the City of Auburn Arts
Coordinatior. Tlie second payment of $200 will be paid upon deinstallation of the WORK
leaving the gallery space clean and in the condition it was prior to the WORK installation.
6. REPRODUCTIONS. LENDER grants BORROWER a non-exclusive license to make
photographs and other two-dimensional reproductions of the WORK for educational;;
public relations, arts promotional, marketing, and non-commercial purposes during the
Loan Period. On any such reproductions, BORROWER shall take reasonable measures
to identify LENDER as the creator of the WORK.
7. MAINTENANCE AND REPAIRS. LENDER understands that the WORK shall be
displayed publicly in a spacel�that receives direct sunlight and is not humidity or
temperature controlled. The parties acknowledge that during the term of the Loan
Period, maintenance of the WORK is anticipated to be minimal, but when needed must
be completed by the LENDER. The parties agree that they shall coordinate periodic
inspections and assessments of the condition of the WORK for the purpose of
coordinating any maintenance necessary to preserve the condition of the WORK and to
maintain its condition for public safety purposes, which maintenance will be provided by
LENDER at LENDER'S sole expense. If repair of the WORK is necessary during the
term of this Agreement, LENDER shall repair the WORK at LENDER'S sole expense. If
the WORK is damaged to the extent it becomes aesthetically compromised and/or
cannot be repaired or cleaned to the satisfaction of the BORROWER, LENDER shall
remove the WORK from the Premises at LENDER'S sole expense.
Page 2 of 5
.VU
EMAN YOU IMAGINED
One Main Street Gallery Artist Agreement
8. INDEPENDENT CONTRACTOR STATUS.
(A) LENDER is engaged as an independent contractor and will be responsible for any
federal, state and local taxes and fees applicable to payments.
(B) LENDER and its subcontractors and employees are independent contractors not
employees of the BORROWER and are not eligible for any benefits through
BORROWER, including without limitation, federal social security, health benefits,
workers' compensation, unemployment compensation, and retirement benefits.
9. INSURANCE. BORROWER shall provide insurance for the Work once the WORK is
installed on site. BORROWER accepts no responsibility for any error or deficiency in
information furnished to BORROWER'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.
Regardless of whether installation occurs within the term of the Loan Agreement, the
above assumption of risk and hold harmless specifically includes any damage to the
WORK or to third -party property or personal injury caused by the WORK, installation of
the WORK or modifications made to the artwork to accommodate installation.
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.
Page 3 of 5
AUBURN
'��ETHAr1Y0UlAggGINE� One Main Street Gallery Artist Agreement
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
any other relief awarded, shall be entitled to recover its reasonable attorney's fees and
court costs at arbitration, trial and/or on appeal.
18. NONWAIVER. The waiver by any party of a breach or violation of any term of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach.
19. AMENDMENTS. Any amendment to this Agreement must be made in writing and
signed by the party against whom enforcement is sought.
20. NOTICES. All notices required by this contract shall be in writing and mailed to the
parties at the addresses set forth below or at such other address that a party shall
specify. If the LENDER fails to notify BORROWER of his/her current address, notice
shall be deemed sufficient if BORROWER mails notice to the address of LENDER
provided below.
ARTIST:
Each of the following parties agrees to all of the above terms and conditions of this Loan
Agreement.
ARTIST-- �J l p�_ � _ l�
By: <�/ Date:
Print Name: 5Q.4,,,4C l I> 12 m-`
CITY:
C 0�a
Date /o/ph e
Daryl Faber, Director of Parks, Arts and Recreation, City of Auburn
Page 4 of 5
AUBU-
° TRAN YO 'J WAGIN�,O
One Main Street Gallery Artist Agreement
Exhibit A
LENDER's artwork titled AU f / WO C- 1.5 /05 � ,��� has been selected by a
jurying process for display as part the City of Auburn's One Main Street Gallery program. It is
understood that the LENDER will display the work that was selected.
LENDER SHALL
1) Deliver and install WORK in good condition in accordance with specifications described
in Exhibit A. LENDER shall leave WORK and SITE in good condition, as clean and safe
as it was found, when installation is complete. BORROWER will not be held financially
responsible for any injuries or damages caused by the installation process.
2) Provide BORROWER with detailed maintenance plan, and description of proposed
installation plans, the materials, and fabrication methods used in WORK.
3) Deliver to the SITE in accordance with the LENDER's original artwork submission
4) Install the WORK in a manner acceptable to the BORROWER
5) As a courtesy, a staff will be onsite to assist with the installation under the guidance of
the LENDER. The city does not assume responsibility for any damage at the time of
installation, or any results of the welding work done.
Page 5 of 5
U-;-
RT TRequest for use of City of Auburn
�-1 v ---U R NArt on Main Gallery Equipment
;17 1�'HANYOUIMAGINto 910 9th Street SE, Auburn, WA 98002 1253-931-3043
ARTIST NAME-A.vt., �2
EMAIL /It A/1'k7e— � V24o0 . C 6y✓(
PRIMARY PHONE # -SECONDARY PHONE #
ADDRESS ( I0 22 4w- • CITY/ZIP
EVENT DATE (S)
PICKUP DATE 1 �" 2- RETURN DATE (prior to Spm on M -F or4pm on Saturday)D -2 /-9
REASON FOR EQUIPMENT USE ART ON MAIN GALLERY INSTALLATION
EQUIPMENT REQUESTED: (List each item of equipment requested for use)
QUANTITY:
Little Giant Ladder
1
Orange Construction Cones and bases
2
Keys to Gallery
Set of 2
You will receive a confirmation by mail or email regarding what equipment may be available for
your use along with instruction for pick-up and return of equipment.
The undersigned accepts and assumes full responsibility for the equipment during the time of possession and full
responsibility of any accidents that may occur while the equipment is in the possession of my organization. The undersigned
assumes full responsibility for replacement of borrowed equipment, if damage to equipment occurs.
The Borrower agrees to defend, indemnify and hold harmless The City, its agents, employees and officials, from all causes
of action, demands and claims, including the cost of their defense, from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property arising out of the Borrower's use of the
equipment, activities, or from any activity, work or thing done, permitted, or suffered by Borrower when using the equipment,
except for liability caused due to the sole neglige ce of the City.
Signature of Borrower: Date: -2 - le�
OFFICE USE ONLY
Date Reserved in CLASS, Pick-up Date. .,Return Date:
'Other Notes:;. ..
_T
THAN YOU 1MAGINEO
One Main Street Gallery Artist Agreement
This Agreement, entered into to be effective on the date the last party hereto executes
this Agreement is betwee the City of A burn (hereinafter referred to as the
"BORROWER"); and �P. �� v S (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
hereinafter referred to as the "SITE") for the Art on
Main Gallery at One Main Street (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: 41P- I� I u S
ADDRESS:
nI
PHONE: 3 2'S - 2_,Q L)— 1 019 Z
E-MAIL: ee
LOAN PERIOD:
TITLE OF WORK: 15�
MEDIUM: A Lr r_ .'cam- M ► see p�� c,
DIMENSIONS: H: W: D:
SELLING PRICE: $ S ),6'�
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 on or before the 28th of March, 2017 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. LENDER
further agrees to provide WORK that does not exceed an appraised value of
$10,000.
Page 1 of 5
A,vuUIRN
oo�E,xAN You One Main Street Gallery Artist Agreement
a. INSTALLATION. The BORROWER as a courtesy will assist with the
installation under the direction of the artist.
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.
3. SALE OF WORK. In the event that the piece is purchased at the conclusion of the
EXHIBITION, the BORROWER shall allow the LENDER first right of refusal for the
purchase of the artwork.
4. REMOVAL. All WORK must be removed by March 30, 2018 and the SITE must be
returned to its original condition upon removal of the WORK. If the LENDER fails to
remove the WORK within two weeks after such termination, then the BORROWER may
place the WORK in public storage for the account of the LENDER or may retain
possession and charge storage fees at market rate, and carry insurance on the WORK,
and the BORROWER shall have a lien for the storage fees and cost of the insurance. If
the LENDER has not claimed the WORK after six months from the last day of the Loan
Period, the work shall be deemed an unrestricted gift to the BORROWER.
5. COMPENSATION. BORROWER agrees to pay LENDER a $1,000 stipend that will be
split into two payments. The first payment of $800 will be paid upon the satisfactory
completion of installation of the WORK as accepted by the City of Auburn Arts
Coordinatior. The second payment of $200 will be paid upon deinstallation of the WORK
leaving the gallery space clean and in the condition it was prior to the WORK installation.
6. REPRODUCTIONS. LENDER grants BORROWER a non-exclusive license to make
photographs and other two-dimensional reproductions of the WORK for educational,
public relations, arts promotional, marketing, and non-commercial purposes during the
Loan Period. On any such reproductions, BORROWER shall take reasonable measures
to identify LENDER as the creator of the WORK.
7. MAINTENANCE AND REPAIRS. LENDER understands that the WORK shall be
displayed publicly in a space that receives direct sunlight and is not humidity or
temperature controlled. The parties acknowledge that during the term of the Loan
Period, maintenance of the WORK is anticipated to be minimal, but when needed must
be completed by the LENDER. The parties agree that they shall coordinate periodic
inspections and assessments of the condition of the WORK for the purpose of
coordinating any maintenance necessary to preserve the condition of the WORK and to
maintain its condition for public safety purposes, which maintenance will be provided by
LENDER at LENDER'S sole expense. If repair of the WORK is necessary during the
term of this Agreement, LENDER shall repair the WORK at LENDER'S sole expense. If
the WORK is damaged to the extent it becomes aesthetically compromised and/or
cannot be repaired or cleaned to the satisfaction of the BORROWER, LENDER shall
remove the WORK from the Premises at LENDER'S sole expense.
Page 2 of 5
AU/' B---,,
oO�E THAN YOU lAggG lNEO
One Main Street Gallery Artist Agreement
8. INDEPENDENT CONTRACTOR STATUS.
(A) LENDER is engaged as an independent contractor and will be responsible for any
federal, state and local taxes and fees applicable to payments.
(B) LENDER and its subcontractors and employees are independent contractors not
employees of the BORROWER and are not eligible for any benefits through
BORROWER, including without limitation, federal social security, health benefits,
workers' compensation, unemployment compensation, and retirement benefits.
9. INSURANCE. BORROWER shall provide insurance for the Work once the WORK is
installed on site. BORROWER accepts no responsibility for any error or deficiency in
information furnished to BORROWER'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.
Regardless of whether installation occurs within the term of the Loan Agreement, the
above assumption of risk and hold harmless specifically includes any damage to the
WORK or to third -party property or personal injury caused by the WORK, installation of
the WORK or modifications made to the artwork to accommodate installation.
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.
Page 3 of 5
AU���RN__'
�� 'O�,ETHAN 10U IMAGINED
One Main Street Gallery Artist Agreement
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
any other relief awarded, shall be entitled to recover its reasonable attorney's fees and
court costs at arbitration, trial and/or on appeal.
18. NONWAIVER. The waiver by any party of a breach or violation of any term of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach.
19. AMENDMENTS. Any amendment to this Agreement must be made in writing and
signed by the party against whom enforcement is sought.
20. NOTICES. All notices required by this contract shall be in writing and mailed to the
parties at the addresses set forth below or at such other address that a party shall
specify. If the LENDER fails to notify BORROWER of his/her current address, notice
shall be deemed sufficient if BORROWER mails notice to the address of LENDER
provided below.
ARTIST:
Each of the following parties agrees to all of the above terms and conditions of this Loan
Agreement.
ARTIST: '-7 C,
By: Date. / :=3)j b
Print Name: Pe -+e- <� ::. 0 ) " s
CITY:
City @fAkburn
By:.i. Date vvrf
0
Daryl Faber, Director of Parks, Arts and Recreation, City of Auburn
Page 4 of 5
-A A, UAU�-- R N
�ETHAN YOU 1MAGINE9
One Main Street Gallery Artist Agreement
Exhibit A
LENDER's artwork titled - �� � Ene4j vier has been selected by a
jurying process for display as part of the City of Au urn's One Main Street Gallery program. It is
understood that the LENDER will display the work that was selected.
LENDER SHALL
1) Deliver and install WORK in good condition in accordance with specifications described
in Exhibit A. LENDER shall leave WORK and SITE in good condition, as clean and safe
as it was found, when installation is complete. BORROWER will not be held financially
responsible for any injuries or damages caused by the installation process.
2) Provide BORROWER with detailed maintenance plan, and description of proposed
installation plans, the materials, and fabrication methods used in WORK.
3) Deliver to the SITE in accordance with the LENDER's original artwork submission
4) Install the WORK in a manner acceptable to the BORROWER
5) As a courtesy, a staff will be onsite to assist with the installation under the guidance of
the LENDER. The city does not assume responsibility for any damage at the time of
installation, or any results of the welding work done.
Page 5 of 5
Request for use of City of Auburn
Anv:,,U:—::
i11�1 Art on Main Gallery Equipment
THAN YOU WAGINEO
910 9th Street SE, Auburn, WA 98002 1253-931-3043
ARTIST NAME &te, .4y -N S
EMAIL Yefe—Atj S 10 g e---, I . c.,n el --N
PRIMARY PHONE # -!z-L3 - 2d� - 1'!9 ZSECONDARY PHONE #
ADDRESS �{ S 5 CITY/ZIP Z -2J!3 -e_n -e_ ,
EVENT DATE (S
PICK UP DATE RETURN DATE (prior to Spm on M -F or4pm on Saturday)
REASON FOR EQUIPMENT USE ART ON MAIN GALLERY INSTALLATION
EQUIPMENT REQUESTED: (List each item of equipment requested for use)
QUANTITY:
Little Giant Ladder
1
Orange Construction Cones and bases
2
Keys to Gallery
Set of 2
You will receive a confirmation by mail or email regarding what equipment may be available for
your use along with instruction for pick-up and return of equipment.
The undersigned accepts and assumes full responsibility for the equipment during the time of possession and full
responsibility of any accidents that may occur while the equipment is in the possession of my organization. The undersigned
assumes full responsibility for replacement of borrowed equipment, if damage to equipment occurs.
The Borrower agrees to defend, indemnify and hold harmless The City, its agents, employees and officials, from all causes
of action, demands and claims, including the cost of their defense, from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property arising out of the Borrower's use of the
equipment, activities, or from any activity, work or thing don permitted, or suffered by Borrower when using the equipment,
except for liability caused due to the a negli nce of e
Signature of Borrower: 4LDate: / 3
OFFICE USE ONLY
Date Reserved in CLASS Pick-up Date:, Return Date:
,Pther Notes:'
AUBURN
oo,,THAN YOU 1AIACINE9
One Main Street 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"); andI �C U>Rl D24-110 r' (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
PW -f 0 t MA -PJ OAsCiA' L,? hereinafter referred to as the "SITE") for the Art on
Main Gallery at One Main Street (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: �j(Dj C-) ri 1
ADDRESS: �00-4' f,3 W
PHONE: 12W 6 _53 _ 0`f �;(
E-MAIL:
a0 - boy �► �? I . co �-
LOAN PERIOD: 1,,20 IS
TITLE OF WORK-
MEDIUM:
ORKMEDIUM: W1 y.C. WJj 0L
DIMENSIONS: H: W: D: V
SELLING PRICE: $ Iq 600
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 on or before the 28th of March, 2017 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. LENDER
further agrees to provide WORK that does not exceed an appraised value of
$10,000.
Page 1 of 5
AUBURN
,�Oz,t MAN YOU IMAGINE9 One Main Street Gallery Artist Agreement
a. INSTALLATION. The BORROWER as a courtesy will assist with the
installation under the direction of the artist.
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.
3. SALE OF WORK. In the event that the piece is purchased at the conclusion of the
EXHIBITION, the BORROWER shall allow the LENDER first right of refusal for the
purchase of the artwork.
4. REMOVAL. All WORK must be removed by March 30, 2018 and the SITE must be
returned to its original condition upon removal of the WORK. If the LENDER fails to
remove the WORK within two weeks after such termination, then the BORROWER may
place the WORK in public storage for the account of the LENDER or may retain
possession and charge storage fees at market rate, and carry insurance on the WORK,
and the BORROWER shall have a lien for the storage fees and cost of the insurance. If
the LENDER has not claimed the WORK after six months from the last day of the Loan
Period, the work shall be deemed an unrestricted gift to the BORROWER.
5. COMPENSATION. BORROWER agrees to pay LENDER a $1,000 stipend that will be
split into two payments. The first payment of $800 will be paid upon the satisfactory
completion of installation of the WORK as accepted by the City of Auburn Arts
Coordinatior. The second payment of $200 will be paid upon deinstallation of the WORK
leaving the gallery space clean and in the condition it was prior to the WORK installation.
6. REPRODUCTIONS. LENDER grants BORROWER a non-exclusive license to make
photographs and other two-dimensional reproductions of the WORK for educational,
public relations, arts promotional, marketing, and non-commercial purposes during the
Loan Period. On any such reproductions, BORROWER shall take reasonable measures
to identify LENDER as the creator of the WORK.
7. MAINTENANCE AND REPAIRS. LENDER understands that the WORK shall be
displayed publicly in a space that receives direct sunlight and is not humidity or
temperature controlled. The parties acknowledge that during the term of the Loan
Period, maintenance of the WORK is anticipated to be minimal, but when needed must
be completed by the LENDER. The parties agree that they shall coordinate periodic
inspections and assessments of the condition of the WORK for the purpose of
coordinating any maintenance necessary to preserve the condition of the WORK and to
maintain its condition for public safety purposes, which maintenance will be provided by
LENDER at LENDER'S sole expense. If repair of the WORK is necessary during the
term of this Agreement, LENDER shall repair the WORK at LENDER'S sole expense. If
the WORK is damaged to the extent it becomes aesthetically compromised and/or
cannot be repaired or cleaned to the satisfaction of the BORROWER, LENDER shall
remove the WORK from the Premises at LENDER'S sole expense.
Page 2 of 5
AUBURN
't.owf AN YOUTAggGINE� One Main Street Gallery Artist Agreement
8. INDEPENDENT CONTRACTOR STATUS.
(A) LENDER is engaged as an independent contractor and will be responsible for any
federal, state and local taxes and fees applicable to payments.
(B) LENDER and its subcontractors and employees are independent contractors not
employees of the BORROWER and are not eligible for any benefits through
BORROWER, including without limitation, federal social security, health benefits,
workers' compensation, unemployment compensation, and retirement benefits.
9. INSURANCE. BORROWER shall provide insurance for the Work once the WORK is
installed on site. BORROWER accepts no responsibility for any error or deficiency in
information furnished to BORROWER'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.
Regardless of whether installation occurs within the term of the Loan Agreement, the
above assumption of risk and hold harmless specifically includes any damage to the
WORK or to third -party property or personal injury caused by the WORK, installation of
the WORK or modifications made to the artwork to accommodate installation.
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.
Page 3 of 5
AUBURN
opo THAN YOUTAIACINEV One Main Street Gallery Artist Agreement
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
any other relief awarded, shall be entitled to recover its reasonable attorney's fees and
court costs at arbitration, trial and/or on appeal.
18. NONWAIVER. The waiver by any party of a breach or violation of any term of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach.
19. AMENDMENTS. Any amendment to this Agreement must be made in writing and
signed by the party against whom enforcement is sought.
20. NOTICES. All notices required by this contract shall be in writing and mailed to the
parties at the addresses set forth below or at such other address that a party shall
specify. If the LENDER fails to notify BORROWER of his/her current address, notice
shall be deemed sufficient if BORROWER mails notice to the address of LENDER
provided below.
ARTIST:
Each of the following parties agrees to all of the above terms and conditions of this Loan
Agreem
ARTIS
By: Date: %g
Print Name: ��11�2>� gQlu1-) /
CITY:
City of Auburn
By: Date <112 ad
Daryl Faber, Director of Parks, Arts and Recreation, City of Auburn
Page 4 of 5
AUBURN
,OV_ETHAN YOU IMACINEO
One Main Street Gallery Artist Agreement
Exhibit A
LENDER's artwork titled I �& pU►�bOfi�� has been selected by a
jurying process for display as part of the City of Auburn's One Main Street Gallery program. It is
understood that the LENDER will display the work that was selected.
LENDER SHALL
1) Deliver and install WORK in good condition in accordance with specifications described
in Exhibit A. LENDER shall leave WORK and SITE in good condition, as clean and safe
as it was found, when installation is complete. BORROWER will not be held financially
responsible for any injuries or damages caused by the installation process.
2) Provide BORROWER with detailed maintenance plan, and description of proposed
installation plans, the materials, and fabrication methods used in WORK.
3) Deliver to the SITE in accordance with the LENDER's original artwork submission
4) Install the WORK in a manner acceptable to the BORROWER
5) As a courtesy, a staff will be onsite to assist with the installation under the guidance of
the LENDER. The city does not assume responsibility for any damage at the time of
installation, or any results of the welding work done.
Page 5 of 5
AUBRequest
URN
for use of City of Auburn
Art on Main Gallery Equipment
oovl MAN YOU IMACINEO 910 9th Street SE, Auburn, WA 98002 1253-931-3043
ARTIST NAME Ldu9-OJ PD) W,^J)
EMAIL
PRIMARY PHONE # S1bJ;35_'0Lt5�P SECONDARY PHONE #,
ADDRESS ?40" /JLJ VT ' S+, CITY/ZIP 5 0� 1 (Ai� is11T
EVENT DATE (S)�1L
PICKUP DATE ($ RETURN DATE (prior to Spm on M -F or4pm on Saturday)
REASON FOR EQUIPMENT USE ART ON MAIN GALLERY INSTALLATION
EQUIPMENT REQUESTED: (List each item of equipment requested for use)
QUANTITY:
Little Giant Ladder
1
Orange Construction Cones and bases
2
Keys to Gallery
Set of 2
You will receive a confirmation by mail or email regarding what equipment may be available for
your use along with instruction for pick-up and return of equipment.
The undersigned accepts and assumes full responsibility for the equipment during the time of possession and full
responsibility of any accidents that may occur while the equipment is in the possession of my organization. The undersigned
assumes full responsibility for replacement of borrowed equipment, if damage to equipment occurs.
The Borrower agrees to defend, indemnify and hold harmless The City, its agents, employees and officials, from all causes
of action, demands and claims, including the cost of their defense, from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property arising out of the Borrower's use of the
equipment, activities, or from any activity, work or thing done, permitted, or suffered by Borrower when using the equipment,
except for liability caused due to th sole gII ence of the City.
Signature of Borrower: Date:
OFFICE USE ONLY
Date Reserved in CLASS Pick-up Date: Return Date:
Other Notes:
CITY OF T a
AUBV RN Parks, Arts & Recreation
WASHINGTON 910 9th Street SE * Auburn WA 98002-6200 * www.oubumwa.gov * 253-931-3043
ARTWORK LOAN AGREEMENT
City of Auburn
This agreement between
Name: (�J &/
Address (City, State, ZIP): IVO t -
Phone: y,/(,9-935'-0 Email jun, boil
Henceforth referred to as the "Lender," and the City of Auburn, henceforth referred to as the "Borrower," is for
the loan of the work(s) of art listed as follows:
Works to be Loaned
Artists are encouraged to offer their works for sale, but are not required to do so. All sales are handled privately
between the artist and the buyer. The City of Auburn does not take a commission on any works sold through the
galleries
List of works to be loaned: include title, dimensions, medium, date completed and retail value — if not for sale
note "NFS" (or attach list):
Dates and Sites of Loan and Exhibition /-
Loan is for the period of: 5Z to V /�
For exhibition at AXE t MA'1 Y
All works of art loaned will be dropped off by the Lender on
All works of art loaned will be picked up by the Lender on
All costs of transportation to and from the exhibition will be borne by the Lender.
All 2D artwork must be ready for installation as directed by City of Auburn Cultural Arts Staff.
The City of Auburn reserves the right to remove any artwork from display at any time, for any reason, and at its
sole discretion.
Hold Harmless
The below artist acknowledges that the artwork will be displayed in public and there is no guarantee or
assurances of any kind for the protection of the artwork. The artist by displaying their artwork is undertaking any
and all risks of any loss or damage to the artwork and agrees to hold the City, its official, agents or employees
harmless for any loss or damage to the artwork. The City does not provide any insurance for the artwork.
DELIVERY
Lender Signature: Date:
Borrower Signature: Date:
PICK-UP
Lender Signature: Date:
Borrower Signature: Date:
AUBURN *MORE THAN YOU IMAGIN
AUBURN
NNo�.,THAN Yo(/ /MAGI NO One Main Street Gallery Artist Agreement
This Agreement, entered into to be effective on the date the last party hereto executes
this Agreement is betwee th City of Auburn (hereinafter referred to as the
"BORROWER"); and (/� '/Zl(hereinafter referred to as the
"LENDER"). `�� /7
RECITALS: LENDER has been selected to install the artwork described below
(hereinafter described and referred to as the "WORK") in Downtown Auburn
hereinafter referred to as the "SITE") for the Art on
Main Gallery at One Main Street (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:
ADDRESS:
PHONE:
E-MAIL:
LOAN PERIOD:
(
TITLE OF
MEDIUM: le14!!elp��Y"61�9
DIMENSIONS: H: � ` V�/ D-
r or
SELLING PRICE: $
1. ARTIST'S WORK./ENDER 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 on or before the 28th of March, 2017 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. LENDER
further agrees to provide WORK that does not exceed an appraised value of
$10,000.
Pagc 1 of
AUBURN
N\OXU'MAGINV�V One Main Street Gallery Artist Agreement
a. INSTALLATION. The BORROWER as a courtesy will assist with the
installation under the direction of the artist.
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.
3. SALE OF WORK. In the event that the piece is purchased at the conclusion of the
EXHIBITION, the BORROWER shall allow the LENDER first right of refusal for the
purchase of the artwork.
4. REMOVAL. All WORK must be removed by March 30, 2018 and the SITE must be
returned to its original condition upon removal of the WORK. If the LENDER fails to
remove the WORK within two weeks after such termination, then the BORROWER may
place the WORK in public storage for the account of the LENDER or may retain
possession and charge storage fees at market rate, and carry insurance on the WORK,
and the BORROWER shall have a lien for the storage fees and cost of the insurance. If
the LENDER has not claimed the WORK after six months from the last day of the Loan
Period, the work shall be deemed an unrestricted gift to the BORROWER.
5. COMPENSATION. BORROWER agrees to pay LENDER a $1,000 stipend that will be
split into two payments. The first payment of $800 will be paid upon the satisfactory
completion of installation of the WORK as accepted by the City of Auburn Arts
Coordinatior. The second payment of $200 will be paid upon deinstallation of the WORK
leaving the gallery space clean and in the condition it was prior to the WORK installation.
6. REPRODUCTIONS. LENDER grants BORROWER a non-exclusive license to make
photographs and other two-dimensional reproductions of the WORK for educational,
public relations, arts promotional, marketing, and non-commercial purposes during the
Loan Period. On any such reproductions, BORROWER shall take reasonable measures
to identify LENDER as the creator of the WORK.
7. MAINTENANCE AND REPAIRS. LENDER understands that the WORK shall be
displayed publicly in a space that receives direct sunlight and is not humidity or
temperature controlled. The parties acknowledge that during the term of the Loan
Period, maintenance of the WORK is anticipated to be minimal, but when needed must
be completed by the LENDER. The parties agree that they shall coordinate periodic
inspections and assessments of the condition of the WORK for the purpose of
coordinating any maintenance necessary to preserve the condition of the WORK and to
maintain its condition for public safety purposes, which maintenance will be provided by
LENDER at LENDER'S sole expense. If repair of the WORK is necessary during the
term of this Agreement, LENDER shall repair the WORK at LENDER'S sole expense. If
the WORK is damaged to the extent it becomes aesthetically compromised and/or
cannot be repaired or cleaned to the satisfaction of the BORROWER, LENDER shall
remove the WORK from the Premises at LENDER'S sole expense.
Page 2 ot'
AUBURN
b�OIAN YOU 1MAG I NEO One Main Street Gallery Artist Agreement
8. INDEPENDENT CONTRACTOR STATUS.
(A) LENDER is engaged as an independent contractor and will be responsible for any
federal, state and local taxes and fees applicable to payments.
(B) LENDER and its subcontractors and employees are independent contractors not
employees of the BORROWER and are not eligible for any benefits through
BORROWER, including without limitation, federal social security, health benefits,
workers' compensation, unemployment compensation, and retirement benefits.
9. INSURANCE. BORROWER shall provide insurance for the Work once the WORK is
installed on site. BORROWER accepts no responsibility for any error or deficiency in
information furnished to BORROWER'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.
Regardless of whether installation occurs within the term of the Loan Agreement, the
above assumption of risk and hold harmless specifically includes any damage to the
WORK or to third -party property or personal injury caused by the WORK, installation of
the WORK or modifications made to the artwork to accommodate installation.
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.
Pagc 3 of
AUBURN
Vi IAN Yoh/ IMA GIN�p One Main Street Gallery Artist Agreement
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
any other relief awarded, shall be entitled to recover its reasonable attorney's fees and
court costs at arbitration, trial and/or on appeal.
18. NONWAIVER. The waiver by any party of a breach or violation of any term of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach.
19. AMENDMENTS. Any amendment to this Agreement must be made in writing and
signed by the party against whom enforcement is sought.
20. NOTICES. All notices required by this contract shall be in writing and mailed to the
parties at the addresses set forth below or at such other address that a party shall
specify. If the LENDER fails to notify BORROWER of his/her current address, notice
shall be deemed sufficient if BORROWER mails notice to the address of LENDER
provided below.
ARTIST:
Each of the following parties agrees to all of the above terms and conditions of this Loan
Agreement.
ARTIST:
By: ��� (�"0 Date:
G
Print Name: 11gq[%
CITY:
City of Aubur
By: cc�c. \ Date
Daryl Faber, Director of Parks, Arts and Recreation, City of Auburn
Page 4 ol*
AUBURN
�p,Tt-IAN YOU IMAGINI��
One Main Street Gallery Artist Agreement
Exhibit Age Vz
LENDER's artwork titled�1� 0111/
has been selected by a
jurying process for display as part of the City of Auburn's One Main Street Gallery program. It is
understood that the LENDER will display the work that was selected.
LENDER SHALL
1) Deliver and install WORK in good condition in accordance with specifications described
in Exhibit A. LENDER shall leave WORK and SITE in good condition, as clean and safe
as it was found, when installation is complete. BORROWER will not be held financially
responsible for any injuries or damages caused by the installation process.
2) Provide BORROWER with detailed maintenance plan, and description of proposed
installation plans, the materials, and fabrication methods used in WORK.
3) Deliver to the SITE in accordance with the LENDER's original artwork submission
4) Install the WORK in a manner acceptable to the BORROWER
5) As a courtesy, a staff will be onsite to assist with the installation under the guidance of
the LENDER. The city does not assume responsibility for any damage at the time of
installation, or any results of the welding work done.
Page 5 of 5
AUBURNArt
Request for use of City of Auburn
on Main Gallery Equipment
"O0,''MAGINv." 910 9th Street SE, Auburn, WA 98002 1253-931-3043
ARTIST NAME
EMAIL
PRIMARY PHONE # %7Z-% 7= ,51_�/ SECONDARY PPH/ONE #
oK—
ADDRESS / `v7l_ �' CITY/ZIP /�J
l� " 7 Gt J
EVENT DATE (S)
PICK UP DATE
REASON FOR
RETURN DATE (prior to 5pm on M -F or 4pm on Saturday)
IPMENT USE ART ON MAIN GALLERY INSTALLATION
EQUIPMENT REQUESTED: (List each item of equipment requested for use)
-------------
QUANTITY:
Little Giant Ladder -----------------------
1
Construction Cones and_ bases__
2
-Orange
Keys to Gallery _
Set of 2
You will receive a confirmation by mail or email regarding what equipment may be available for
your use along with instruction for pick-up and return of equipment.
The undersigned accepts and assumes full responsibility for the equipment during the time of possession and full
responsibility of any accidents that may occur while the equipment is in the possession of my organization. The undersigned
assumes full responsibility for replacement of borrowed equipment, if damage to equipment occurs.
The Borrower agrees to defend, indemnify and hold harmless The City, its agents, employees and officials, from all causes
of action, demands and claims, including the cost of their defense, from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property arising out of the Borrower's use of the
equipment, activities, or from any activity, work or thing done, permitted, or suffered by Borrower when using the equipment,
except for liability caused due to the sole negligence of the City.
Signature of Borrower:
Date:
OFFICE USE ONLY
Date Reserved in CLASS Pick-up Date: Return Date:
Other Notes: