HomeMy WebLinkAboutSteve Farris A
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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
Steve Farric (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 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: Steve Farris
ADDRESS: 6275 SW Prosperity Park Rd Tualatin OR 97062
PHONE: 503-'i5£f-A43f1
E-MAIL: sculptorfarris((7gmail.com
LOAN PERIOD: October 2013- September 2014
TITLE OF WORK: JOLI
MEDIUM: Rusted Steel
DIMENSIONS: H: 95" w:31 " D: 31 "
SELLING PRICE: $ 7,500
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this Agreement, but may be withdrawn from exhibition at any time by the BORROWER.
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.
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Outdoor Sculpture Gallery Artist Agreement
4. REMOVAL. All WORK must be removed within 2 weeks of the termination of the exhibition
September 2014)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 fee of One Yhousand Dollars
($1,000.00)for the loaned WORK. Compensation will be paid upon the satisfactory completion of
installation of the WORK as accepted by the City of Auburn Arts Coordinator.
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
outdoors, and that the WORK will be exposed to the elements, pollution, and other adverse
environmental conditions. The parties acknowledge that during the term of the Loan Period,
maintenance of the WORK is essential although anticipated to be minimal. 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.
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. 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.
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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 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:
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Each of the following parties agrees to all of the above terms and conditions of this Loan
Agreement.
ARTIST:
By: st('& rrLer Date: 9-9-14
CITY:
City of A n t
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By: f\J �)� Date
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Outdoor Sculpture Gallery Artist Agreement
Exhibit A Jp LENDER's artwork titled j has been selected by a
jurying process for display as part of the City of Auburn's Outdoor Sculpture 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
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