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Home My WebLink AboutTyree, Steve - Art Purchase Contract ��# �ppET�'��MeG�NE� CITY OF AUBURN PURCHASE CONTRACT THIS AGREEMENT is made and entered into this�day of �U�_ 2016 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as"CITY"and Steve Tyree whose address is, 23260 Royal Anne, Amity, Oregon 97101 herein referted to as "ARTiST" WHEREAS, City has selected and decided to purchase the ArtistlVendors pre-existing work of art described below; NOW,THEREFORE, the parties hereby agree as folbws: I 1 DESCRIPTION OF AR'fWORK.The ArtisUVendor hereby sells and conveys to City the following woMc(s)of art and associated rights described in this Agreement: Title(s): Hawk ArtisYs Name: Steve Tyree Year Completed: 2014 Dimensions: 88"x 33"x 25" Medium: Bronze Deseriptfon of Work: Bronze realistic Hawk (with green patina) perched above an abstrect corten steel shape Examples of which are shown as Exhibit A. , The above work of art is hereafter referred to as the "Work" 2. PRICE AND PAYMENT SCHEDULE. A. As full payment fw the Woric and all rights described in this AAreement, City shall pay the ArtisWendor a total of Eight Thousand Seven Hundred and Fifty and 00/100'" Dollars ($8,750.OP), whic� shall constitute full comperisation for the Wdrk, including, but not limited to fees; inaterials; applicable sales tax,as well as the associated rights described in this/\qreement B. City shall make the payment required in paragraph A within thirry(30)days after ArtisWendor transfers all electronic files and submits a billing or invoice to Cily 3. ALTERATION. MODIFICATION. AND DEACCESSIONING OF THE WORK. A. City reserves the right to, and the ArtisWendw hereby waives any right to preveM City from, modifying, destroying or deaccessioning the Work if, after taking reasonable steps to nobfy the Artist who originally created or authored the Work, City detertnines that one or more of the following condfions apply: (1)the condition or securily of the Work cannot be reasonably guaranteed; '�'_* ��+�+w��+ (2)the Work requires excessive maintenance or has faults of design or workmanship beyond pracfical repair or remedy, (3)the Work has been damaged and repair is imprac�iql or ur�feasib[e: (4)the Work endangers public safety; (5)no suitable site is available, or significant changes in the use, character or design of the site have occurred which affect the integrily of the Work; (6)signficant adverse reaction has corrtinued unabated for more than three years; (7)the Work is shown to be of an inferior quality or unauthentic; (8)City wishes to replace the Work with another work by the Artist uuho originally created or authored the Work:or (9)the Artist who originalty created or authored the Work requests modfiption or deaccession of the Work. B. If City decides to destroy the Work in axordance with this Sedion, C.ity shall take reasonable steps W ofFer the Artist who originally created w auUrored the Work an opportunity to recover the Work at riie ArtisYs expense in acoordance with appi'axble law. C. The Work shall be subject to the V'�sual Artists RigMs Act of 1990, 17 U.S.C. §§101, et seq.,and shall not constihite a worlc made for hire as provided in that Act. 4 TITLE AND OWNERSHIP A. Title tb the Work shall transfer from ArtisWendor to the City of Aubum with City, or its designee, acting as custodian upon City's payment. Title transfer shall be self- executing upon City's payment. The Artist/Vendor grants the City of Aubum with City, or its designee, acting as custodian title to and ownership of the Work, induding the right to reproduce the Work, and images thereof,for research, scholarly and educational purposes, including publicity and da:umentation within the usual funcxions of City at no charge. City shall make reasbnable efforts to ensure that reproductions or publiptions that prominenUy feature the Work contain a credR to the Artist who originally created or authored the Work. The ArtisWeridor agrees to give cred'R in the following fortn:"Original owned by the City of Aubum,and displayed at various locations throughout the Ciry" in any public showing of any reproductions of the Work. B. Drawings, spec:fications, and models of the Work, or which relate to the Work including all preliminary studies, shall be the property of the ArtisWendor They shall not be used by the ArtisWendor on other projects except pursuant to a subsequent agreement in writing between the ArtistNendor and City 5. DISFUTE RESOLUTION. In case any dispute or controversy arises between the ArtisWendor and City,the parties may ezerase tFrose legal remedies in King County,Washington. ��,.._# , .,�¢ETHANYOUp�AGINE� M" �. ENTIRE AGREEMENT.AMENDMENTS.This l�qreement represents 1he entire agreemerrt of the parties.Any amendments to this Agreement shall be in writing, arid shall be ezecuted by the same parties who executed the original Agreement, or their successors in oifice. 7 OTHER PROVISIONS. WA IN WITNESS WHEREOF,the parties have caused this/\qreement to be duly executed intending to be bound thereby APPROVEQ: ARTIST ��y�`�� Steve Tyree (�vc�. �, 2�1C� DATE CITY OF AUBURN Nancy Backu , YOR DATE ' • ATTEST Danielle Daskam CITY Clerk E O FORM: aniel B. 'g CITY Attomey EXHIBIT A � n. � �, - ;' \� - �� ;y:. 1 � �e � �` -C k = �,�. �. - , _ � � � , :�- ; % �/ t�j -'� '` Photos of Artwork: Hawk by Steve Tyree