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HomeMy WebLinkAboutContract 35627 (2) CITY SECRETARY CONTRACT NO 4 ARTWORK LOAN AGREEMENT This agreement ("Agreement") is entered into by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the"City"), located at 1000 Throckmcrton, Fort Worth, Texas, 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager and Lender, as set forth below. EXHIBIT INFORMATION: Location: International Center Loan Period will commence on: C'c), z(c7 Terminate on: Cc:63 LENDER: Oe i PgM\C\ (-LC Name: OGTN'40 WMVAJEZ VWVV!:� Email:G-a `a i<--MliCIZ) 1�Q 01,a kkv=.Com Address: eICE", G1�Ci 11J�� �3►-1 1l8 OCR �� o n rum be-e45Z �Z Phone Number: l� Alternate Phone umber: LOANED OBJECT("ARTWORK") DESCRIPTION: Artist: Date: Title: Medium: Dimensions without frame or base in inches: Dimensions with frame or base in inches: TERMS AND CONDITIONS: 1. The conditions set forth in this Agreement apply to all objects lent to City, and cannot be altered, changed, waived or otherwise amended except as agreed upon in writing. 2. Lender agrees to produce and deliver the Artwork to City at Lender's expense, and represents that the following information regarding each piece contained in this Agreement is accurate and correct: title, size, media, price (if for sale) and insurance value. 3. Lender agrees to clearly and accurately label in legible written form on the back of Artwork the following information: Lender's name, Artist's Name(if different), Artwork title, size, media and value. 4. Lender agrees to have Artwork properly framed, wired, or otherwise in a condition to ensure the Artwork is READY FOR INSTALLATION UPON DELIVERY to City. All Artwork shall be of the structural integrity to be installed and displayed for the duration of the loan. 5. City will exercise the same care with respect to loans as it does in the safekeeping of omIDarable works owned by City. City will not unframe, clean, restore, or otherwise alter the Artwork withi�p �R consent of Lender, except in case of emergency to preserve the Artwork. 6. City will give prompt notice to Lender in case of damage and/or loss to the Artwork at the time of receipt or while in custody of City. 7. The Lender shall insure the loaned Artwork for the duration of the loan period beginning at the time the Artwork leaves the lender until it returns to the same. THE CITY WILL NOT INSURE THE ARTWORK. 8. Lender understands and agrees that all final decisions regarding the arrangement and number of Artwork accepted for exhibition are within the sole discretion of City. City has the right to determine which written materials will accompany the exhibition of the Artwork. 9. Artwork may be withdrawn from exhibition at any time by City. City shall have the right, in its sole discretion, to return Artwork after mailing a notice to Lender asking Lender to withdraw the Artwork. If Lender does not withdraw the Artwork within thirty (30) days from the date of such notice, then City shall have the absolute right to ship the Artwork back to Lender at Lender's expense. 10. Lender represents and warrants that s/he owns all right, title, and ownership interest in the Artwork, and that the Artwork is not subject to any ownership, lien, encumbrance, copyright infringement or other claim by any other person or entity. 11. Lender represents and warrants that s/he owns the copyright to the Artwork including all rights of reproduction. Lender consents to the imaging (including photographing) of all Artwork and hereby grants City an unrestricted, non-exclusive, perpetual, royalty-free license to retain and use on a permanent basis for educational, instructional, demonstrational, promotional (including advertising of any nature) or administrative purposes the image(s) of all Artwork in any media at the discretion of City. Lender agrees that the general public may photograph the Artwork 12. City agrees, however, that it does not obtain any copyright interest in the Artwork unless the Artwork is acquired due to Lender's abandonment of the Artwork. 13. Lender agrees to promptly pick up all Artwork after the end of the exhibition or upon request by City, during City business hours. The Artwork will be released only to Lender, his/her authorized agent or legal successor. 14. Lender shall notify City promptly in writing at the address appearing in the first paragraph of this Agreement of any change of address or change of ownership (whether by reason of death, sale, insolvency, gift or otherwise) of the Artwork. If the legal ownership of the Artwork changes, the new owner or agent may be required, prior to the return of the Artwork, to establish legal right to receive the Artwork by proof satisfactory to City. 16. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 17. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the latest date below. CITY OF RT WORTH LibbyKVatson Assistant City Manager Date: r ARP-,Irr &VC k ECG' Date: APPROVED AS TO FORM: ATTEST BY: Assistant City Attor ey Marty)Hendrix City Secretary NO M&C REQUIRED =NOE REQUIRED 1r Attachment (A) Art piece #1 Art piece #5 ANGELS FIREPLACE COLUMN DORIC FLUTE Size: 42" x 36" Size: 81/4 ft. Color: Blanca Pachuca Stone Color: Rosa Banadero Price: $4275.00 Price: $762.50 Art piece #2 Art piece #6 COLUMN CORINTHIAN COLUMN LONIC Size: 8 'Aft. Size: 10 ft. Color: Blanca Pachuca Stone Color: Naranja Price: $1,737.50 Price: $690.00 Art piece #3 Art piece #7 COLUMN LONIC MENDOZA FOUNTAIN Size: 8 'Aft. Size: 8 ft. Color: Rivera Stone Color: Tabacco Price: $1,375.00 Price: $1,040.00 Art Piece #4 COLUMN DORIC Size: 81/4 ft. Color: Pinon Price: $650.00