HomeMy WebLinkAboutSelf-Help Graphics and Art Inc; 2019-03-04;TERMS AND CONDITIONS FOR LOAN AGREEMENT
This Agreement entered into on ~ '-/
BETWEEN
Self-Help Graphics & Art, Inc.
1300 East 1st Street
Los Angeles, CA 90033
(hereinafter "LENDER")
, 2019.
AND City of Carlsbad, a municipal corporation
Cultural Arts Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
(hereinafter "CITY")
Recitals
WHEREAS, CITY desires to exhibit LENDER'S works of art (hereinafter "Artwork") from
March 31 -June 9, 2019 for the exhibition "Entre Tinta y Lucha: 45 Years of Self Help
Graphics & Art" at the 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 to CITY. The
Artwork will remain in the CITY'S possession during the loan period from March 20 -June 19,
2019, but may be withdrawn from the exhibition at any time at the CITY'S sole discretion.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will notify LENDER when any Artwork is withdrawn from the exhibit.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 ten (10)
days after the exhibit closing, June 9, 2019, 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 the sole possession of the CITY. CITY will
insure the Artwork against any loss or damage while it is in the CITY'S possession for the
reasonable 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 based upon
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. Compensation
The total fee payable to LENDER for the loan of all artwork will be one thousand dollars
($1,000) plus thirty-four dollars ($34) to be reimbursed for obtaining a City of Carlsbad Business
License for a total not to exceed $1,034. No other compensation will be allowed except for items
covered by subsequent amendments to this Agreement. Fees will be payable as follows:
Payment $1,034 Upon completion of contract
5. Installation
LENDER shall install the Artwork with CITY'S assistance. 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.
6. Damage
Artwork will be visually inspected upon receipt and any noticeable damage will be documented
on the delivery 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.
7. Reproduction Rights, Publicity and Photography
Except as limited by the Agreement, LENDER retains any or all copyright, licensing and/or
ownership rights to the Artwork available to him/her under state or federal law.
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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 printed matter. Exhibition announcements,
publicity releases, invitations, posters, signs or other promotional or educational materials
relating to the Artwork.
8. 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.
9. Withdrawals
Artwork, once placed for exhibition cannot be withdrawn from an exhibition by the LENDER for
any reason without written approval from the CITY and suitable replacement (s) provided.
10. 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. Termination
by LENDER, however, is subject to section 9, above. Termination by LENDER will not result in
the withdrawal of Artwork already placed for exhibition. 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.
11. Assignment and Binding Agreement
This Agreement shall not be assigned without the prior written consent of the CITY, which
consent shall not be unreasonably withheld. This Agreement shall be binding upon the heirs,
successors, and assigns of LENDER.
12. Entire Agreement
This Agreement, together with any other document referred to in it embodies the entire
agreement and understanding between the parties relating to its subject matter. The Agreement
supersedes and replaces and all precious agreements, whether verbal or written, between the
parties with regard to the subject matter herein. Neither this Agreement nor any of its provisions
may be amended, modified, waives, or discharged except by an instrument in writing executed
by parties to this Agreement.
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13. 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 (sign here)
By~
Name of LENDER
CITY OF CARLSBAD, a municipal
Corpor tion of the State of California
l
By: ~~j Av; IP! 1 ,£xev'Wtivt-~re,.onry
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Attest:
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
. ~ ilYUAA a !2fflc:;;zL
~arbara Engleson, City Clerk
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EXHIBIT A
Checklist for 45 Years of Self-Help Graphics & Art
Last Name First Name Title Dimensions Year Insurance Value
Acedo William On Route to County 30x44 2006 $2,100
Alarcon Margaret Ojo de Maiz 20x30 2016 $1,500
Baca Judy Absolutely Chicana 26x20 2008 $2,600
Birk Sandow Estados Unidos Mexicanos 20x26 2010 $900
Boccalero Sister Karen Without 22x34 1983 $1,380
Bojorquez Chaz New World Order 40x30 1994 $3,220
Carrasco Barbara Dolores 30x22 1999 $1,670
Cervantez Yreina Danza Ocelot! 3Sx25 1983 $3,220
Coronado Sam Pan Dulce 30x22 1988 $2,600
De Batuc Alfredo Emiliano Con Suecos 44x30 1994 $2,100
Delgadillo Victoria Bolsa de Mercado 27x35 2012 $1,380
Delgado Roberto Untitled 37x26 1984 $2,650
Donis Alex Spider and Officer Johnson 20x26 2007 $1,450
Ehrenberg Felipe Mi Hogar en lstelai 15x44 1992 $2,420
El Mac lxtaccihuatl 30x30 2009 $2,020
Enik One Nino Heroes 26 x20 2010 $870
Garcia & Ramirez Luis Genaro El Sonido de la Lucha Estudiantil 12x10 2011 $690
Greenfield Mark Steven Untitled 20x26 2000 $1,440
Gronk 10th Annual Dia de los Muertos 28x22 1981 $2,020
Guerrero-Cruz Dolores Perro en Mi Cama 26x40 1988 $2,070
Hamada Miles Untitled 34x22 1983 $1,380
Healy Wayne Bolero Familiar 44x60 2002 $2,070
Hernandez Ester La Ofrenda 38x25 1988 $2,020
Hoyes Bernard Stanley Sanctified Dance 26x20 2001 $1,440
LaMarr Jean Some Kind of Buckaroo 26x38 1990 $2,650
Lopez Alma Our Lady of Controversy 26 x20 2003 $2,020
Lozano Jose La Familia Que Nunca Fue 26x20 1995 $2,590
Mendez Dalila Paola Balam Huipil Remix 20x38 2013 $2,000
Middlebrook Willie I've Given Everything! 26x20 2008 $2,020
Montoya Delilah El Guadalupano 30x 22 1999 $2,020
Montoya Malaquias Si Se Puede 32x 23 1989 $3,170
Oropeza Eduardo Chicuelina 22x 26 1996 $2,560
Pettibon Raymond Untitled 20x26 2004 $2,360
Reyes Miguel Angel Epoca de Oro 20x26 2002 $2,020
Rodriguez Favianna Margarita 26x20 2001 $2,020
Romero Sonia CAFAM Benefit Print 20x26 2006 $640
Romero Frank California Plaza 38 X 27 2000 $1,725
Saldamando Shizu Una Cobija 20x26 2008 $1,440
Sandoval Teddy Angel Baby 44x30 1995 $1,440
Stevens-Gandara Miyo Monterey Park 20x 26 2010 $1,440
Terrill Joey Remembrance for Teddy & Arnie 20x26 2008 $1,330
Torrez Eloy The Pope of Broadway 40x26 2008 $2,650
Tovar Peter Lies 26x20 2010 $1,440
Valadez John Chicano Heaven 21x34 2013 $2,020
Valdez Patssi L.A. T.J. Mexico Project 26x20 1987 $2,600
Valdez Vincent PorVida 26 x20 2005 $2,020
Vallejo Linda Dia de los Muertos 35 X 23 1977 $2,600
Yanez Lawrence M. Cocina Jaiteca 39x 26 1988 $1,330
Yerena Ernesto Raza 26x20 2009 $870
Total: $94,185