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Home My WebLink AboutBociek, Tiffany; 2018-11-19;TERMS AND CONDITIONS FOR LOAN AGREEMENT This Agreement entered into on a.~ CC)tJ.G.A } 9 , 2018. BETWEEN AND Tiffany Bociek 37 45 C.alavo Dr Spring Valley, CA 91977 City of Carlsbad, a municipal corporation 1775 Dove Lane Carlsbad, CA 92011 760 602-2022 (hereinafter "CITY") Recitals WHEREAS, CITY desires to exhibit LENDER'S works of art (hereinafter "Artwork") from December 2, 2018 -January 13, 2019 for the exhibition "2019 Juried Biennial" at the CITY'S William D. Cannon Art Gallery at 1775 Dove Lane, Carlsbad, CA. 1. Term LENDER agrees to loan the Artwork specified on checklist attached as Exhibit A-(William D. Cannon Art Gallery Loan Agreement) to CITY. The Artwork will remain in the CITY'S possession during the loan period from November 25, 2018 -January 20, 2019, but may be withdrawn from the exhibition at any time at the CITY'S sole discretion. CITY will notify LENDER when any Artwork is withdrawn from the exhibit. CITY and LENDER may agree in writing to extend the duration of this Agreement. Acceptance of the Artwork does not imply that the Artwork will be placed or maintained on public display for the duration of the Agreement. 2. Transportation and Packing LENDER certifies that the Artwork lent and associated packing material is in good condition and will withstand the ordinary strains of transportation. Artwork(s) loaned to the CITY will receive reasonable care in handling, transportation and exhibition. CITY shall inspect the Artwork and complete and sign the opening condition report for each piece of Artwork, which will constitute the condition of the property at the time of the receipt of the Artwork loan. Any discrepancies, losses or evidence of damage to the Artwork noted at the time of inspection, or at any time while in the CITY'S custody will be reported immediately to the LENDER. Any Artwork loaned to the CITY will be returned to the LENDER within seven (7) to twenty (20) days unless other written arrangements are made between CITY and LENDER. 3. Insurance Artwork transported by LENDER is insured from the time of arrival at the Cannon Art Gallery until the time it is picked up by the LENDER. Artwork transported by the CITY will be returned to the pick-up location and is insured only while in possession of the CITY. CITY will insure the Artwork against any loss or damage while it is in the CITY'S possession for the Fair Market Value as specified by the LENDER in this Agreement. For purposes of insurance coverage, the CITY requires the LENDER to value Artwork(s) accurately according to Artworks by the artist of similar size, style, medium, and if possible, based upon previous sales. The CITY may require LENDER to provide reasonable evidence of the Artwork's stated market value. In the event of loss or damage to the Artwork, LENDER'S failure to provide supporting evidence of the Artwork's stated market value will result in the CITY'S sole determination of the Artwork's market value. The signing of this Agreement by the CITY does not constitute an endorsement of the LENDER'S stated value. In the event of loss of or damage to the Artwork, LENDER'S recovery from the CITY and/or insurer is limited to the maximum coverage amount specified in the Agreement. LENDER agrees to hold the CITY and its officers, agents, employees and volunteers harmless from any and all claims in excess of maximum coverage amount indicated in this Agreement. In the event of partial loss or damage, the CITY'S liability shall be limited to the cost of repair or restoration or any resulting loss in fair market value. CITY shall not be liable for any indirect, special, incidental, punitive or consequential damages; even if the CITY has been advised of the possibility of such damages. 4. Installation CITY shall install and exhibit the Artwork. CITY reserves the right to make the final decision on which items will be included in the exhibition, and the arrangement of the exhibit. CITY shall take reasonable steps to preserve the exhibited Artwork against adverse environmental conditions, deterioration, damage or theft. 5. Damage Artwork will be visually inspected upon receipt and any noticeable damage will be documented on the shipping receipt. Evidence of damage to Artwork while in the CITY'S custody will be reported immediately to the LENDER. CITY may elect to display damaged Artwork if in CITY'S sole determination the displaying of the damaged Artwork will not exacerbate the preexisting damage. 6. Reproduction Rights, Publicity and Photography Except as limited by this Agreement, LENDER retains any or all copyright, licensing and/or ownership rights to the Artwork available to him/her under state or federal law. LENDER grants CITY the right to photograph, telecast, or make similar visual reproductions of the Artwork covered by this Agreement for publicity and advertising purposes and other educational purposes and in catalogues or posters that it distributes. CITY agrees to acknowledge the artist on all related print matter, exhibition announcements, publicity releases, invitations, posters, signs or other promotional or educational materials relating to the Artwork. 7. Warranty of Title LENDER warrants that LENDER is either the owner of the Artwork or the authorized agent of the lawful owner or artist of the Artwork and has the authority to enter into this Agreement and to grant the rights to CITY as set forth in this Agreement. LENDER also warrants that the Artwork(s) is not now or will be subjected to claims of ownership, lien, encumbrance, copyright infringement, or trademark infringement under any state or federal law. LENDER shall indemnify the CITY, its officers and employees for all damages related to a claim asserting a violation or claim of violation of this Warranty of Title, including reasonable attorney fees and costs. 8. Withdrawals Artwork cannot be withdrawn from an exhibition by the LENDER at any time during its exhibition. 9. Termination LENDER or CITY may terminate this Agreement prior to the start of the Term, as set forth on page 1 of this Agreement, by giving the other party thirty (30) days written notice. In the event the LENDER terminates this Agreement, LENDER will refund, within ten (10) calendar days, all fees paid to LENDER by the CITY. In the event the CITY terminates this Agreement, LENDER may retain fifty percent (50%) of the fees paid by CITY; LENDER shall refund the balance of the fees to CITY within ten (10) calendar days. 10. Assignment and Binding Agreement This Agreement shall not be assigned without the consent of the CITY, which consent shall not be unreasonably withheld. This Agreement shall be binding upon the heirs, successors, and assigns of LENDER. 11. Entire Agreement This Agreement, together with any other document referred to in it embody the entire agreement and understanding between the parties relating to its subject matter. Neither this Agreement nor any of its provisions may be amended, modified, waived, or discharged except by an instrument in writing executed by parties to this Agreement. 12. California Law The validity of this Agreement and any of its terms shall be governed by the laws of the State of California. If any part of this Agreement is found illegal, void or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. The forum and venue of any dispute arising from this Agreement shall be the Superior Court of California, County of San Diego, North County Judicial District. Acknowledged and Accepted: LENDER Tiffany Bocie'k By~ (sign re APPROVED AS TO FORM: ::LIAiCJ?[ Attorney ~ City Attorney CITY OF CARLSBAD, a municipal Corporation of the State of California By@aTuw:P~ HEATHER PIZZUTO Library and Cultural Arts Director Attest: \k~ ~RBARA ENGLESON, City Clerk {'cicyof Carlsbad Cultural Arts City Of Carlsbad William D. Cannon Art Gallery 1775 Dove Lane Carlsbad, CA 92011 (760) 602-2021 EXHIBIT A William D. Cannon Art Gallery Loan Agreement Exhibit 2019 Juried Biennial Address 3745 Calavo Dr. Exhibit Dec. 2, 2018 -Jan. 13, 2019 City/State/Zip Spring Valley, CA 91977 Dates Loan Period Nov. 25, 2018 -Jan. 20, Telephone 619 708 7843 Dates 2019 Lender Tiffany Bociek E-mail bociektiffany68@gmail.com Artist Tiffany Bociek Insurance Value $ $625 The Creation of Good and Evil on This Journey Title of Freedom as We Forge Size 9" X 8.75" to Our Destination Media Encaustic, rice paper, Vear Made 2018 brass, paper Description Animals Credit Line (Lent By) Tiffany Bociek Artist Tiffany Bociek Insurance Value $ $800 Title Never Quite As It Seems Size 12.25" X 15" Media Encaustic, rice paper, Vear Made 2018 brass, paper Description Woman, bubbles Credit Line (Lent By) Tiffany Bociek The attached Terms and Conditions for Loan Agreement is incorporated herein. I acknowledge I have read and agree with loan information as stated on this page. c(~ ti o w~0 ___._l M-~.-<--+--'I 1___,_.,_o __