HomeMy WebLinkAboutDonation Contract with Jesse Swickard AUBURN
„THAN YOU IMAClt.
CITY OF AUBURN
DONATION CONTRACT
THIS AGREEMENT is made and entered into this day of 2019 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington
("City") and Jesse Swickard ("Artist").
RECITALS:
1. The City and the Artist believe that this art donation enhances the aesthetic character of
the community and advances the public understanding of art; and
2. The City has decided to accept the offered donation of the Artist's pre-existing work of
art as described below ("Work") and based on the terms of this Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. DESCRIPTION OF ARTWORK. The Artist sells and conveys to City the following work(s) of
art and associated rights described in this Agreement:
Title(s): "Linked"
Artist's Name: Jesse Swickard
Year Completed: 2014
Dimensions: 10'x2'x3'
Medium: Painted Steel
Description of Work: This is a painted steel sculpture by Jesse Swickard titled Linked. This
sculpture is vertically oriented and is constructed of a number of steel pieces welded
together, including rings, plates, and pieces of rebar. These pieces are welded together and
painted in blue paint. The sculpture sits on a circular base.
A visual depiction of the artwork is included as Exhibit A.
2. ALTERATION, MODIFICATION, AND DEACCESSIONING OF THE WORK.
A. City reserves the right to, and the Artist waives any right to prevent City from,
modifying, destroying or deaccessioning the Work if, after taking reasonable steps to notify
the Artist who originally created or authored the Work, City determines that one or more of
the following conditions apply:
(1) the condition or security of the Work cannot be reasonably guaranteed;
(2) the Work requires excessive maintenance or has faults of design or
workmanship beyond practical repair or remedy;
(3) the Work has been damaged and repair of the Work's structural or aesthetic
integrity is impractical or unfeasible or the City lacks the necessary budget to
complete the work;
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t,„00 THAN YOU IMAGI NYO
(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 integrity of the Work;
(6) significant adverse reaction has continued 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 who originally
created or authored the Work; or
(9) the Artist who originally created or authored the Work requests modification or
deaccession of the Work.
B. If City decides to destroy the Work in accordance with this Section, City shall take
reasonable steps to offer the Artist who originally created or authored the Work an
opportunity to recover the Work at the Artist's expense in accordance with applicable law.
C. The Work is subject to the Visual Artists Rights Act of 1990, 17 U.S.C. §§101, et
seq., and does not constitute a work made for hire as provided in that Act.
3. TITLE AND OWNERSHIP. The Artist irrevocably donates, grants, and conveys title to the
Work to the City of Auburn upon signature of this Agreement. The Artist certifies that the Work
is free of encumbrances and does not infringe on any copyrights.
The City will have all rights as the owner of the Work, including the right to reproduce the Work,
and images thereof, for research, scholarly and educational purposes, including publicity and
documentation within the usual functions of City at no charge. The City will make reasonable
efforts to ensure that reproductions or publications that prominently feature the Work contain a
credit to the Artist who originally created or authored the Work.
4. DISPUTE RESOLUTION. In case any dispute or controversy arises between the Artist and City,
this Agreement will be governed by and interpreted in accordance with the laws of the State of
Washington and venue for any action will be in of the county in Washington State in which the
property or project is located, and if not site specific, then in King County, Washington.
5. ENTIRE AGREEMENT, AMENDMENTS. This Agreement represents the entire agreement of
the parties. Any amendments to this Agreement shall be in writing, and shall be executed by the
same parties who executed the original Agreement, or their successors in office.
6. OTHER PROVISIONS.
A. Indemnification. The Artist will defend, indemnify and hold the City and its officers,
officials, employees, and volunteers harmless from any and all claims, damages,
losses, or suits including attorneys' fees, arising out of or in connection with the
performance of this Agreement or from any negligent acts of the Artist. If a court of
competent jurisdiction determines that this Agreement is subject to RCW 4.24.115,
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QRETHAN YOU IMAGINFO
then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
Artist and the City, its officers, officials, employees, and volunteers, the Artist's liability
will be only to the extent of the Artist's negligence.
B. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce
any rights, responsibilities or obligations under this Agreement, the prevailing parties
will be entitled to receive its reasonable costs and attorney's fees.
C. Severability. Each provision of this Agreement is intended to be severable. If any
provision hereof is illegal or invalid for any reason whatsoever, such illegality or
invalidity will not affect the validity of the remainder of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
APPROVED: ,'
ARTIST
Of
Jesse Swickard, A •
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DATE
CITY OF AUBURN
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Nancy Backu•,►F;a YOR
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DATE
ATTEST:
Shawn Campbell, City Clerk
APPR,V AS TO FORM:
Steve Gross, City Attorney
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EXHIBIT A
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Photos of Artwork: "Linked" by Jesse Swickard
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