HomeMy WebLinkAbout2016-214-E Arts - Triangle Visual Artists for display of art in Whitted Bldg. DocuSign Envelope ID:8B2BA454-076A-4989-AA5C-9D13E537FBD5
NORTH CAROLINA
Artwork Loan and Display Agreement
ORANGE COUNTY
This Agreement, made and entered into this the 15th day of April, 2016, by and between
Orange County, a political subdivision of the State of North Carolina, 200 South
Cameron Street, Hillsborough, North Carolina 27278 ("County") and Triangle Visual
Artists ("Lender"), whose address is 422 Ridgefield Road, Chapel Hill,NC 27517 for the
purpose of providing the terns and conditions governing the lending and displaying the
Lender's Artwork in Richard Whiffed Meeting Facility.
1. Loan/Display. Lender hereby loans to the County for display purposes those
pieces of artwork identified in the inventory sheet(s) which is hereby
identified as Exhibit A, and made a part of this Agreement (which shall
collectively be referred to as "Artwork"). If there is more than one piece of
Artwork subject to this Agreement, the information for each piece of Artwork
must be provided in Exhibit A. The County shall have no obligation or
liability for any piece of Artwork that is not identified in Exhibit A.
2. Term of Loan/Display. The County and Lender agree that the term of this
Loan/Display agreement shall begin on April 15, 2016 and shall end on June
20, 2016,which shall be considered the termination date.
3. Delivery and Return of Artwork.
a. Delivery. The Lender shall be solely responsible for delivery of all
Artwork, including the cost of transportation and packing. The Artwork
shall be sent to the County ready for display. The Lender shall provide
any special instruction to the County for the display of the Artwork. The
County reserves the right to display the Artwork in a place of its choosing.
b. Return. At least 15 calendar days prior to the end of the Exhibit and
termination of this Agreement, the Lender shall provide to the Library the
arrangements for the return of the Artwork to the Lender at the Lender's
expense, including insurance. The Lender is responsible for packing and
transporting the Artwork at Lender's expense. Following the above
termination date, Artist shall have seven days to pick up the Artwork.
Unless arrangements are made and agreed upon in writing, any Artwork
not picked up within thirty days of termination of this Agreement shall
become the sole property of the County.
4. Promotion. The County may, but is not required to,promote the exhibition of
the Artwork loaned to it pursuant to the terns of this Agreement by
advertising, signage, or other means. It is understood that the Lender
authorizes the County to photograph and reproduce in any media the artwork
for educational and publicity purposes. Unless otherwise instructed in
DocuSign Envelope ID:8B2BA454-076A-4989-AA5C-9D13E537FBD5
writing, the County will grant credit to the Lender as specified in this
Agreement in any labels or publications.
5. Photographs. Unless the County is notified in writing to the contrary, it is
understood that the Artwork lent may be photographed by the general public.
6. Sale of Artwork. The County is not in the business of selling Artwork and
will not take any action to facilitate the sale of any Artwork. If the Artwork is
for sale, the County will display the price of the Artwork along with the
contact information of the Lender.
7. Lender Warranty. Lender warrants that it has all right, title, and ownership
interest in the Artwork, and that the Artwork is not subject to any ownership,
lien, license, encumbrance, copyright infringement or other claim by any other
person or entity. Lender agrees that it shall not take any action to limit or
affect this wai7anty during the term of this Agreement unless it obtains the
advance written agreement of County.
8. Possession. Any Artwork loaned to the County for exhibition shall remain in
its possession for the time specified in this Agreement, but may be withdrawn
from the Exhibit at any time by the County. If the legal ownership of the
Artwork changes while it is being held by the County, the new owner, prior to
its return, will be required to establish his or her legal right to the Artwork in a
manner satisfactory to the County. It is incumbent upon the Lender to notify
the County of any changes in ownership.
9. Insurance. The Lender is displaying the Artwork AT ITS OWN RISK,
and is encouraged to provide such insurance coverage on the Artwork as
deemed reasonable and necessary. County shall not be responsible or liable
for any loss, damaize to, or theft of any Artwork.
10. Hold Harmless. The Lender agrees to defend, indemnify, and hold harmless
the County and its representatives from and against any and all claims,
demands, causes of action, damages, liability, judgments, loss, or costs and
expenses including attorney's fees and expenses of litigation, which may be
suffered or incurred by them, or which may be claimed or alleged against
them by any person or entity whatsoever arising out of, based upon, or related
in any way to the Artwork and/or the performance of this Agreement.
11. Modifications and Assignment. Any modifications or amendments of this
agreement shall be in writing signed by both parties. This Agreement may not
be assigned by either party without the express written consent of the other
party in advance.
12. Entire Agreement. This Agreement and any attachments herein, constitute the
entire understanding between the parties with respect to the subject matter
DocuSign Envelope ID:8B2BA454-076A-4989-AA5C-9D13E537FBD5
and may be amended from time to time only upon mutual agreement of the
Parties.
13. Termination. Either party may terminate this Agreement with 30 days written
notice to the other Party.
14. Notice. Any notice to the parties shall be sent by registered or certified mail,
return receipt requested or by overnight mail service, with proof of delivery
addressed as follows:
For Orange County: For Lender:
Arts Commission Triangle Visual Artists
Post Office Box 8181 c/o David Taylor, 422 Ridgefield Rd.
Hillsborough,North Carolina 27278 Chapel Hill,NC 27517
15. Governing Law. This Agreement shall be governed by and construed under
the laws of the State of North Carolina. The venue for any litigation will be in
the General Court of Justice seated in Orange County,North Carolina.
Lender has read and understands this Artwork Loan and Display Agreement and its
terms and conditions. Lender certifies that Lender is the owner or the agent of the
owner authorized to enter into this Agreement. Lender understands that by signing
this Agreement, Lender agrees to be bound by all the provisions herein set forth.
FOR AND ON BEHALF OF ORANGE COUNTY
DocuSigned by:
j6vuvutt, RMKIUV 4/19/2016
bemiieqHarmnersley Date
Orange County Manager
FOR LENDER:
DocuSigned by:
Irl '� l- 1 .� 4/15/2016
2FC4AAD077B847B... Date
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Printed name
DocuSign Envelope ID:8B2BA454-076A-4989-AA5C-9D13E537FBD5 Exhibit A
Artwork for Display in Whitted Building—Triangle Visual Artists
Polk Place David Taylor 30 x 30 oil
Evening David Taylor 36 x 48 oil
Philips Law Office David Taylor 18 x 24 oil
Anvil Fred Good 40 x 50 watercolor
Cross Purposes Fred Good 50 x 40 watercolor
Journey Fred Good 40 x 60 watercolor
Spring Song Fred Good 40 x 60 watercolor
The Beech and the Holly Henri Lorie 24 x 30
Fall on Eastwood Lake Henri Lorie 24 x 30
Albemarle Sunset Karin Neuvirth 36 x 48 acrylic on camvas
Harlequin Safari Louise Francke pastel
Rescued Bully Louise Francke pastel
Family Outing Ruth Ananda 20 x 16 acrylic on canvas
Dogwood and Cardinal Ruth Ananda 10 x 8 acrylic on canvas
Robins Bobbin' Ruth Ananda 20 x 16 acrylic on canvas
Bluebirds of Happiness Ruth Ananda 16 x 20 acrylic on canvas
Beyond Darkness Gilded Frame Ruth Ananda 49 x 39 acrylic on canvas
Spring Snowballs Sharon Barnes 36 x 48 acrylic
Currents Curl Trudy Thomson marbled silk
BiValves Go Vibrant Trudy Thomson marbled silk
Sandstone (diptych) Trudy Thomson marbled silk
Concrete Skyscape Dennis Szerszen 20 x 25 archival print
Alleyway Diptych Dennis Szerszen 22 x 26 archival print