HomeMy WebLinkAboutJenuine, Roy; 2000-12-04;EXHIBITION LOAN AGREEMENT
This agreement is entered into by the City of Carlsbad, a municipal corporation hereinafter referred to as
“CITY” and ROY JENUINE, hereinafter referred to as “ARTIST”.
RECITALS
WHEREAS, CITY desires to exhibit works of art by artist (hereinafter “the work”) as depicted in
the submission approved by a jury panel (hereinafter “the work”) from November 18.2000 through
December 30,2000, at the William D. Cannon Art Gallery, I775 Dove Lane, Carlsbad.
The CITY and ARTIST, for the consideration and under the conditions hereinafter set forth herein agree
as follows:
I. TERM
ARTIST agrees to loan the work listed in the Condition Report (Exhibit “A”) attached hereto to
the CITY from November I8,2000 through December 30,2000, and allow the CITY to represent
that the work is available for sale.
2. ARTIST’S RESPONSIBILITIES
(4 ARTIST shall deliver the work on November 9,200O between Y:OO-5:OO; November I I,
2000, between Y:OO- I2:OO; or November 13, between Y:OO-5:00, 2000, to the William D.
Cannon Art Gallery.
c-9 ARTIST shall pick up the work on January 2 & 3, 200 I, between Y:OO-5:O0.
(cl ARTIST shall provide CITY with the retail value of the work to be sold upon delivery of
the work to the William D. Cannon Art Gallery.
(4 ARTIST shall pay to CITY 30% of the sales proceeds of any of the work sold within ten
days of the closing of the exhibit.
(4 CITY is not responsible to deliver the work to the new owners. ARTIST will pick up work
no later than January 3, 200 I.
0 ARTIST shall notify CITY promptly in writing of any change of address.
3. CITY’S RESPONSIBILITIES
(4 CITY shall provide ARTIST with necessary background materials and information
concerning the exhibition as available.
(b) CITY shall install and exhibit the work.
(4 CITY shall promote the work for sale on behalf of the ARTIST. CITY shall inform ARTIST
of interested buyers.
4. PACKING AND TRANSPORTATION
ARTIST certifies that the work to be loaned is in good condition, ARTIST will make all incoming
and outgoing shipping arrangements. Evidence of damage to the work at the time of receipt or while in
CITY’s custody will be reported immediately to the ARTIST.
5. TRANSFER
(4 The work shall remain in the possession of CITY on exhibit during the term of the loan
specified herein.
09 The work may not be sold by ARTIST until January 2,200 I.
(4 A new owner may pick up the work from GIN at the conclusion of the exhibit, but will be
required to provide satisfactory proof (receipt “paid in full”) of ownership to CITY before
the work will be given to the new owner.
6. INSPECTION
CITY shall inspect the work when the work is received and again at the close of the exhibition
prior to pick up and complete the Condition’s Report attached hereto as Exhibit “A” to be verified by
ARTIST.
CIN shall promptly notify ARTIST in writing of any loss or deterioration of, or damages to any
work in an exhibition.
7. INSURANCE
CIN shall insure the work in its possession for the market value as specified by ARTIST, against
physical loss or damage during the term of this agreement provided that:
CIN may require ARTIST to produce reasonable evidence of the work’s stated value.
ARTIST agrees that, in the event of loss or damage, ARTIST’s recovery shall be limited to the
insurance coverage for the exhibit. ARTIST agrees to hold the CIN and its officers, agents, employees or
volunteers harmless from liability for any and all claims arising out of.this agreement in excess of the policy
limit
If ARTIST chooses to maintain its own insurance, upon execution of this contract ARTIST shall
provide CIN with a policy endorsement naming CIN as additional insured. CITY shall be held harmless
from any denial of coverage due to error or deficiency in information furnished to ARTIST’s insurer or
from any lapses in the ARTIST’s insurance coverage.
8. PUBLICITY AND PHOTOGRAPHY
GIN shall have the right to photograph, telecast, and reproduce the work to publicize the
exhibition and to produce slides of the work to be distributed for educational use.
CIN agrees to acknowledge ARTIST with credit on all related print matter, exhibition
announcements, publicity releases, invitations, posters, signs and other promotional material.
9. RETURN OF LOANS
If GIN, 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 term of this agreement, then CIN shall have the right to
place the work in storage, and charge to ARTIST the storage fees and cost of insurance during the storage
period.
IO. PROHIBITED INTEREST
No official of the CITY who is authorized in such capacity on behalf of the CIN to negotiate,
make, accept, or approve, or take part in negotiating, making, accepting, or approving this agreement,
shall become directly or indirectly interested personally in this contract or in any part thereof. No officer
or employee of the GIN who is authorized in such capacity and on behalf of the CITY to exercise any
executive, supervisory, or similar functions in connection with the performance of this contract shall
become directly or indirectly interested personally in this contract or any part thereof.
I I. BINDING AGREEMENT
This agreement shall be binding upon the heirs, successors and assigns of the ARTIST.
12. NOTICE
The name of the persons who are authorized to give or receive written notices and the addresses
for shipment on behalf of CIN and on behalf of ARTIST in connection with the foregoing are as follows:
ARTIST
Roy Jenuine
144 Hillcrest Drive
Leucadia CA 92024
CIN OF CARLSBAD
Karen McGuire, Gallery Coordinator
Carlsbad Arts Office
William D. Cannon Art Gallery
I775 Dove Lane
Carlsbad CA 92009
760-602-202 I
13. ENTIRE AGREEMENT
This agreement, together with any other document referred to or contemplated herein, embody
the entire agreement and understanding between the parties relating to the subject matter thereof.
Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except
by an instrument in writing executed by the party against which enforcement of such amendment, waiver
or discharge is sought.
Acknowledged and Accepted:
ARTIST:
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Name &ARTIST (print here)
CIN OF CARL
Date: DEC 0 4 2000
Date: 11 ‘-? e
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney .s
By: cm??&& M1M-
Deputy City Attorney
Date:
&5zmEd-
M. WOOD, City Clerk
.
Carlsbad Arts Office Condition Report Exhibit “A”
Exhibition: 2nd Annual Juried Exhibition
Exhibition Dates: November 18, 2000-December 30, 2000
Artist: F&/d ENUiNF,
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Method of Delivery: Artist Delivered
Overall condition of work
(Please note below if there are exceptions to the Report)
Frame
Back
Support (wire, etc.)
Other
Signature of Person preparing Report
Date
. . . .
Carlsbad Arts Office Condition Report Exhibit “A”
Exhibition: 2nd Annual Juried Exhibition
Exhibition Dates: November I8,2000-December 30, 2000
\I SENU;hlE
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Method of Delivery: Artist Delivered
Overall condition of work
(Please note below if there are exceptions to the Report)
Frame
Back
Front
Support (wire, etc.)
Other
Signature of Person preparing Report
Date