HomeMy WebLinkAboutSOPHIA DIXON DILLO - CONTRACT - AGREEMENT MISC - LINCOLN CENTER GALLERIES ARTWORK LOAN AGREEMENT1
LINCOLN CENTER GALLERIES ARTWORK LOAN AGREEMENT
Date of agreement __January 29, 2015____ _______________
This agreement, between the City of Fort Collins (“City”) and the Lender, hereinafter named, for the exhibition at
the City of Fort Collins Lincoln Center of loaned artwork is as follows:
Owner/Lender: __ Sophia Dixon Dillo___________________________________________________
Contact Person ___same ___________________________________________________
Exhibition Title ________________________________________________________
Exhibit Dates ___February 27 – April 11, 2015_____________________________________________
Contact Information:
E-mail address __ _sophiadillo@gmail.com____________________________________________________
Phone #: Daytime ____ Cell #___415.302.7659_________________
Address __P. O. Box 130____________________________________________________________
City, State, ZIP__Crestone, CO 81131 ______________________________________________________
Exhibit Artwork to arrive at Lincoln Center by: _ Monday, February 23, 2015________________________________
Artwork Pick-up/Return date: _ Artist to pick up artworks on Sunday, April 12, or Monday, April 13, 2015________
Titles of artworks on loan (Individual items and their itemized value must be listed on the Artwork Inventory Form.):
Translucent Crinkle (Diptych)
Chevrons
Rectangles
Slits
Squares
Forming Light 10
Untitled (Inv. #2420)
Untitled (Inv. # 2461)
Untitled (Inv. #2522)
Untitled (Inv. # 2412)
Untitled (Inv. # 2413)
Untitled (Inv. #2462)
Untitled (Inv. #2467)
Untitled (Inv. #2468)
Artwork will be insured:
On City premises by (check one): Lender _____ City _X___.
During shipping to the City by (check one): Lender _X___ City ____.
During return shipping by (check one): Lender _X___ City ____
If artwork will be insured by City, total Declared Value of all items on loan $_48,250.00___________________________.
AGREEMENT CONDITIONS
The conditions of this Loan Agreement apply to all items listed on the Artwork Inventory Form and cannot be
changed except as agreed upon in writing.
DocuSign Envelope ID: 94EF8225-21BC-4306-B164-994794512775
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1. INSURANCE
(a) The DECLARED VALUE is the value stated by the Lender. If the artwork is insured by the City, declared values
must represent the current fair market value (established by current sales and or appraisals) for such work at the
time the work is insured under the City’s insurance policy. If any portion of the work is destroyed or damaged, the
City and its insurer reserve the right to substantiate the value of the work damaged prior to settling a claim. If the
work is industrially fabricated (for example, photographs) and can be replaced to the Lender’s specifications, the
amount of the insurance shall be limited to the cost of such replacement.
(b) Unless the Lender expressly elects to maintain its own insurance, the City will insure the work, but only while it is
in the City’s care, custody or control (including during shipping, if checked above), subject to the terms and
conditions of the City’s insurance policy. In no event will the City be liable to Lender for damages in excess of the
amount of any insurance recovery from the City’s insurance policy, nor for any loss or damage due to causes
excluded from coverage under the City’s insurance policy. A certificate of insurance can be provided upon
request.
(c) If the Lender elects to maintain its own insurance during the period of the loan, the City will not be responsible
for any errors or deficiencies in information furnished to the lenders insurers or for any lapses in coverage, and the
City accepts no responsibility for damaged artwork, except in cases involving negligence by the City or its
employees, volunteers or agents.
(d) If the Lender is the creator of the work and the work is damaged while in the possession of the City, the Lender
will repair the artwork, if possible, and the City will reimburse the cost of any materials and reasonable labor
charges, unless such damage was due to the negligence of the Lender,
2. DELIVERY, POSSESSION AND RETURN OF ARTWORK
(a) If work is being shipped to the Lincoln Center, the City will only accept work that is sent in reusable crates or
cartons. Unless otherwise arranged in writing, the City will return all work via the same carrier that the Lender
used to deliver the work. The Lender must insure that its packages meet the shipper’s standards. The City will
ship back in the same containers or crates. If the original crate is damaged the City will notify the Lender and
repair if damage is minor. There may be a charge if the repairs are expensive or a new crate is necessary.
(b) Artwork must remain in the City’s possession for the duration of the exhibition period. The City has sole
discretion as to whether, for how long, and in what manner items loaned to it shall be exhibited. The City also
has the right to determine which written and interpretive materials will accompany the exhibit.
(c) Unless otherwise agreed upon in writing, loans will be returned only to the Lender or Lender’s duly
authorized agent or representative appointed in writing, on the date described above as the "Pick-up/Return
Date." If ownership of a work changes during the period of the loan, the new owner will be required to
establish his or her legal right to receive the work by proof satisfactory to the City. The Lender must keep the
City informed of any change in address.
(d) The City’s right to return work shall accrue absolutely at the end of the loan period. If the City, after making
all reasonable efforts and through no fault of its own, is unable to return the work within sixty days after such
termination, the City shall have the absolute right to place the work in storage, to charge storage fees, and to
have and enforce a lien for such fees and costs. If after one year, the work shall not have been reclaimed,
then, and in consideration of its storage and safeguarding during such period, the work shall be conclusively
deemed to be an unrestricted gift to the City and the Lender hereby authorizes the City to dispose of the work
as it sees fit, without order of or report to any court or agency.
3. SALE OF ARTWORK
If any or all of the items on loan are made available for sale, Lender warrants that it has the right to sell and/or
authorize the sale of such items. The City will retain a 30% commission on all sales made as a result of the
exhibition. Sales must be handled through the Lincoln Center and are subject to State and City sales tax. The
Lender must have a current W-9 form on file with the City in order to receive the proceeds of any sales.
DocuSign Envelope ID: 94EF8225-21BC-4306-B164-994794512775
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4. OWNERSHIP AND COPYRIGHT
(a) The Lender hereby warrants that it is the owner or authorized possessor of the work being loaned and has
authority to loan such work to the City. If the Lender knows of any special conditions governing the ownership
of the work such as copyrights, liens, etc., the Lender will inform the City promptly.
(b) Unless the Lender notifies the City otherwise at or before the execution of this Agreement, it is understood
that:
(1) the Lender owns the copyright to the work including all rights of reproduction;
(2) items in the exhibit may be photographed by the general public;
(3) the City may photograph any loaned item for reproduction in the exhibition catalogue and for
publicity purposes connected with the exhibition; If requested, Lender will submit selected high-resolution
images of the artwork for such purposes.
(4) the City may make and retain photographs of the artwork on a permanent basis for educational,
promotional and other non-profit purposes, including but not limited to newspaper, television, radio and
internet, and the work or photographs or video of it, may be used for non-commercial television and/or video
programs prepared by the City.
5. ADDITIONAL TERMS
(a) The laws of the State of Colorado shall be applied in the execution, interpretation and enforcement of this
contract.
(b) The Lender will indemnify and hold harmless the City, its officers, employees, volunteers agents and
sponsors (the “Releasees”), from and claims, demands or causes of action brought by third parties and arising
out of or related to the exhibition of the Lender’s artwork at the Lincoln Center, including claims brought by
persons claiming title or copyright to the work, unless directly caused by the gross negligence or wrongful acts
of the Releasees.
(c) The City will pay Lender an honorarium of $1,000.00 for the installation and loan of the artworks.
(d) The City will reimburse the Lender for gas, meals and installation supplies from receipts up to a total of
$900.00. (see attached worksheet)
(e) The City will reimburse for overnight accommodations from receipts for up to 5 nights, February 23 – 27, 2015
for the purpose of the gallery installation up to a total of $500.00.
(f) The Artist will arrange for and cover the cost of transporting the artworks and installation materials and
equipment for both delivery and return.
(g) Payment will be by City of Fort Collins check, payable to Lender. Lender must provide the City with a
federal tax ID number, or a social security number if the Lender is an individual, in order for the City to issue
payment of the honorarium.
I, the undersigned Lender, hereby agree to the conditions set forth in this Agreement. If Lender is a corporation
or other entity, or is represented by an agent, the person signing on behalf of the Lender affirmatively states
that he or she has authority to act on behalf of the Lender and to bind Lender to this Agreement.
Signed Date _________________
Sophia Dixon Dillo
THE CITY OF FORT COLLINS
By: Date _____________________
Ellen K. Martin, Visual Arts Administrator
DocuSign Envelope ID: 94EF8225-21BC-4306-B164-994794512775
1/29/2015
1/30/2015
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Lincoln Center Installation Estimate for 2015 Exhibition
Based on 38 ft of structure
Category Material Amount Cost
MATERIALS:
Fasteners Screws Misc. $20.00
Fishing Line 900 yard Danielson 4 lb test blue + shipping 60 spools $130.00
Paint DTM 1 gallon $20.00
Bonding Primer Sherwin Williams 1 gallon $10.00
Acrylic Paint to Match Walls, etc. 1 pint $15.00
Metal Anchoring strips inside hooks x 30 sections 38 feet $100.00
Hooks Flexco Unibar 10bx (38 feet) (22" each) 2 boxes $130.00
Misc. Unforseen material needs
$100.00
TRAVEL:
Gas Trips to Crestone-Ft. Collins
2 + prep
visit $180.00
Food 3 meals/day
$200.00
LABOR:
Assistants 2 assistants
Volunteer or LC employees
artist
Honorarium
TOTAL: $905.00
DocuSign Envelope ID: 94EF8225-21BC-4306-B164-994794512775