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Home My WebLink AboutLEWIS MCINNIS - CONTRACT - AGREEMENT MISC - LEWIS MCINNIS1 LINCOLN CENTER MANAGED GALLERIES ARTWORK LOAN AGREEMENT Date of agreement _______May 10, 2016____________ This agreement, between the City of Fort Collins (“City”) and the Lender, hereinafter named, for exhibition at the City of Fort Collins Lincoln Center or other City exhibition space of loaned artwork is as follows: Owner/Lender: __Lewis McInnis____________________________________________ Contact Person: __same___________________________________________________ Exhibition Dates: __March 1 – August 31, 2016__________________________________ Exhibition Premises:___Lincoln Center Balcony Lobby_____________________________ Contact Information: E-mail address: __ _mclewx@q.com__________________________________________ Phone #: Daytime: __9740-443-1887___________ Cell #__________ _____________ Address: _200 Circle Drive. _________________________________________________ City, State, ZIP;___ Fort Collins, CO 80524_____________________________________ Exhibit Artwork to arrive at exhibition premises by: _ _3/1/2016______________________ Artwork Pick-up/Return date: _September 1, 2016____________ ______________ Titles of artworks on loan (individual items and their itemized value must be listed on the Artwork Inventory Form.): Hawaii Ray 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 $10,000.00_________. AGREEMENT CONDITIONS The conditions of this Loan Agreement apply to all items listed on the attached Artwork Inventory Form and cannot be changed except as agreed upon in writing. DocuSign Envelope ID: 9C36EFF1-4957-4A6D-91C4-CFE392CADEF5 2 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 while in the City’s care, custody or control, 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 or another City premises, 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 ensure 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) Two-dimensional work must be delivered suitable for hanging (i.e. wire on back). City will attach security hardware to 2-D work when applicable which may result in small holes drilled into the back of the frame. (c) Artwork must remain in the City’s possession for the duration of the exhibition period, subject to special arrangements agreed to by the parties upon sale of works during the exhibition. Notwithstanding the foregoing, 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. (d) 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 DocuSign Envelope ID: 9C36EFF1-4957-4A6D-91C4-CFE392CADEF5 3 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. (e) 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 expiration of the exhibition term, 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 may retain a 30% commission on all sales made as a result of an exhibition at the Lincoln Center, and ____% as a result of an exhibition at any other City exhibition space. 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. 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 City DocuSign Envelope ID: 9C36EFF1-4957-4A6D-91C4-CFE392CADEF5 4 premises, 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 $250.00____ for the use of the Artwork(s). If consideration is in the form of an honorarium, 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 or other consideration. 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: _________________ Owner/Lender THE CITY OF FORT COLLINS By: Date: _____________________ Ellen K. Martin, Visual Arts Administrator DocuSign Envelope ID: 9C36EFF1-4957-4A6D-91C4-CFE392CADEF5 5/12/2016 5/12/2016 5 DocuSign Envelope ID: 9C36EFF1-4957-4A6D-91C4-CFE392CADEF5