HomeMy WebLinkAboutAddenda - RFP - 7102 TRANSFORMER CABINET MURAL PROJECT 2010FIRST AMENDMENT TO ART IN PUBLIC PLACES CONSTRUCTION AGREEMENT
THIS FIRST AMENDMENT TO ART IN PUBLIC PLACES CONSTRUCTION
AGREEMENT ("Amendment') is made and entered into this 2 Z day of j�2010 by and
between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City") and
TERRY MCNERNEY ("Artist').
RECITALS
A. On April 29, 2010, the parties entered into that certain Art in Public Places Construction
Agreement — Transformer Cabinet Murals ("Agreement') by which the Artist agreed to create
original artwork in the form of a mural on a utility cabinet at the northeast corner of Howes St.
and Oak St. (the "Project').
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B. The parties now wish to amend the Agreement to revise the terms related to copy ig, t yin*'Z
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order to allow Artist to create and use for other purposes artwork that is similar, but n t idenf ca1FJ
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to, the Project artwork. -A h
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NOW, THEREFORE, in consideration of the mutual covenants and obligations,here ri J' �,.
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expressed, the parties agree as follows:,
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1. That paragraph 7.13. of the Agreement is hereby amended to read as follows:
7. Ownership of Works Created.
B. License Back to Artist of Certain Rights. The City hereby grants
to Artist the following rights in and to the Project:
(i) the non-exclusive right to make two-dimensional
reproductions of the Project for non-commercial,
promotional purposes, provided that any such reproduction
clearly states `the location of the Project, acknowledges the
City and the Art in Public Places Program, and contains a
copyright notice; and
(ii) the exclusive right to create and reproduce derivative
artworks depicting characters and themes that are similar, but
not identical to, those depicted in the Project, in any form and
for any purpose except to the extent prohibited by paragraph
12, below.
With the exception of the rights granted above, the Artist must not make
or knowingly permit others to make reproductions of the Project for any
purposes without the written permission of the City.
2. That paragraph 12. of the Agreement is hereby amended to read as follows:
12. Project as Unique. Artist represents and warrants that the Project
is artistically unique, and agrees not to create or be involved in the
creation of an identical or substantially similar mural or other public
artwork within 100 miles of Fort Collins, Colorado. For purposes of this
Agreement, "mural" is defined as a work of art applied to and made
integral with a structural surface.
3. The Agreement remains in full force and effect except as amended herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day and year first above written.
City Clerk
APPR VED AS TO FORM:
Assi ant eity Attorney
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
BY:
Jams B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
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ARTIS
Terry McNerney
STATE OF COLORADO )
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COUNTY OF;
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Subscribed and sworn to before me thi day of , 2010, b c?(( Dve(
Witness my hand and official seal.
My Commission Expires:
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