HomeMy WebLinkAboutCYNTHIA DANIELLE O'REILLY - CONTRACT - AGREEMENT MISC - APP ARTWORK LOAN AGREEMENT1
LINCOLN CENTER MANAGED GALLERIES ARTWORK LOAN AGREEMENT
Date of agreement ____September 19, 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: __ _Cynthia Danielle O’Reilly_________________________________
Contact Person: ___same__________________________________________________
Exhibition Dates: __September 1, 2016 – January 6, 2017________________________
Exhibition Premises:__Fort Collins City Hall and City Managers Offices, 300 LaPorte Ave, Fort
Collins, CO_
Contact Information:
E-mail address: __cdoartist@hotmail.com______________________________
Phone #: Daytime: _ 970-658-6322_________ Cell #__________ ____________
Address: __ 520 Sedgwick Dr__________________________________
City, State, ZIP;____Fort Collins, CO 80525_____________________
Exhibit Artwork to arrive at exhibition premises by: _ _Sept 1, 2016, 9am ________________
Artwork Pick-up/Return date: _ _Date & time between January 2-9, 2017 to be determined.__
Titles of artworks on loan (individual items and their itemized value must be listed on the Artwork
Inventory Form.):
Old Town Square, Oil on canvas, 20”x30”, 2013, $1500
Summer Concert Series, Oil on canvas, 20”x30”, 2014, $1600
Summer Stroll, Oil on canvas, 24’x48”, 2014, $2500
Winter Stroll, Oil on canvas, 22”x28”, 2013, $1600
Enzio’s, Oil on canvas, 22”x30”, 2012, $1500
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 $8,700.00____.
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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.
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
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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
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 _0_% 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.
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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
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 $125.00, 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
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9/21/2016
9/21/2016