HomeMy WebLinkAboutFukuyama, Kaori; 2019-05-29;TERMS AND CONDITIONS FOR LOAN AGREEMENT
This Agreement entered into on __ ·7Y}__..__,____,.°1r.__,,..p=> ___ ,,9."--_9=-------' 2019.
BETWEEN Kaori Fukuyama
4567 Rolando Blvd
San Diego, CA 92115
AND 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
June 23 -August 25, 2019 for the exhibition "Light and Space: Contemporary Continuations" 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period from June 10 -September 6, 2019, but may be withdrawn from the exhibition at any time at the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 CITY will notify LENDER when any Artwork is withdrawn from the exhibit.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
Kaori Fukuyama
CITY OF CARLSBAD, a municipal
Corporation of the State of California
By ~/Jji\i,w ti~
HEAER PIZZUTO
Library and Cultural Arts Director
Attest:
~~Rfilltkuv
~RBARA ENGLESON, City Clerk
{'city of
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 Light & Space: Address 4567 Rolando Blvd Contemporary Continuations
Exhibit June 22 -Aug. 25, 2019 City /State/Zip San Diego, CA 92115 Dates
Loan Period June 10 -Sept. 6, 2019 Telephone 619 384 0076 Dates
Lender Kaori Fukuyama E-mail kaori.fukuyama.art@gmail.com
Artist Kaori Fukuyama Insurance Value$ $4000
Title Sliver Size 59.5" X 29
Media Oil on canvas Year Made 2018
Description Light blue vertical line Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value$ $2000
Title Sound of Stillness Size 36" X 36"
Media Oil on canvas Year Made 2014
Description Orange landscape Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value $ $3000
Title Invitation to Infinity Size 36" X 36"
Media Oil on canvas Year Made 2014
Description Orange/green spiral Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value $ $3500
Title Beacon No.1 Size 48" X 36"
Media Oil on canvas Year Made 2014
Description Orange line on purple Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value $ $3000
Space Between Certainty
Title and the Unknown Size 36" X 36"
Media Oil on canvas Year Made 2015
Description Orange/blue squares Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value $ $5000
Title Cube Size 6'.5" X 17'8" X 8'10"
Media Monofilament Year Made 2019
Description Monofilament Credit Line (Lent By) Kaori Fukuyama installation
Artist Kaori Fukuyama Insurance Value$ $3000
Title Tower of Cubes No.1 Size 18" X 70" X 18"
Media Plastic rods Year Made 2018
Description Large plastic cubes Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value$ $3500
Title Tower of Cubes No.2 Size 10" X 41" X 10"
Media Plastic rods Year Made 2018
Description Large plastic rods Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value$ $4600
Title Nexus Size 52" X 45" X 611
Media Mixed media Year Made 2019
Description Blue/white 2D sculpture Credit Line (Lent By) Kaori Fukuyama
Artist Kaori Fukuyama Insurance Value$ $3400
Title Quiet Rhythms Size 42" X 36"
Media Ink drawing Year Made 2019
Description Waves Credit Line (Lent By) Kaori Fukuyama
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.
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