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Home My WebLink About2016-304-E Arts - Mike's Art Truck for display of art in Whitted Bldg. DocuSign Envelope ID: E7C372F7-E3B3-416F-839D-499520E582C4 NORTH CAROLINA Artwork Loan and Display Agreement ORANGE COUNTY This Agreement, made and entered into this the 13th day of June, 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 Greg and Karen Mack dba Mike's Art Truck ("Lender"), whose address is 505 N. Scottswood Blvd., Hillsborough, NC 27278 for the purpose of providing the terms and conditions governing the lending and displaying the Lender's Artwork in Richard Whitted 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 June 23, 2016 and shall end on September 27, 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 terms 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: E7C372F7-E3B3-416F-839D-499520E582C4 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 warranty 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, damage 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: E7C372F7-E3B3-416F-839D-499520E582C4 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 Greg and Karen Mack Post Office Box 8181 505 N. Scottswood Blvd. Hillsborough,North Carolina 27278 Hillsborough,NC 27278 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: 156lAkuit, tka"mt-IrStui 6/21/2016 genni 4H€mmersley Date Orange County Manager FOR LENDER: ,. —DocuSigned by: _-.'^ 6/17/2016 — 761 FFE2962AE241 B... Date Ramm Printed name —DocuSigned by: 6/17/2016 Atatk�-761 FE2962AE241 B... PY 111-Q.(t. hiLfYl t� DocuSign Envelope ID: E7C372F7-E3B3-416F-839D-499520E582C4 ORANGE COUNTY—DEPARTMENT USE ONLY Department Party/Vendor Name: Mike's Art Truck Party/Vendor Contact Person: Greg and Karen Mack Contact Phone: 678/357-2778 Party/Vendor Address: 505 N. Scottswood Blvd. City Hillsborough State:NC Zip: 27278 Department: EDC - Arts Commission Amount: $0 Purpose: display of art in Whiffed Building Budget Code(s):N/A Vendor#N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes❑No Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑No Agenda Date:N/A This agreement is approved as to technical form and content: DocuSigned by: Department Director's Signature Svc 84444 c; Date: 6/17/2016 .--37BD4EFAC1 BE410... Information Technologies (Applicable only to hafrdware/sofha'are purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: DocuSigned""by: ''��.�.. Office of the Risk Management Officer QLtSa. cm watt Date: 6/17/2016 °"° 7FDCF9178800498... Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Officer rlAd61 Date: 6/19/2016 � 7D4E5181ACC1409... Legal Services This agreement is approved as to legal form and sufficiency: DocuSigned by: Office of the County Attorney jO(UA., Date: 6/21/2016 '----EAA3D33ED8A8465... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dollo d a oran2ecount nc.'ov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: DocuSign Envelope ID: E7C372F7-E3B3-416F-839D-499520E582C4 ` 7- INSTALLATION INVENTORY Location/Exhibitor: Whitted Building, Hillsborough,NC Date installed: 06/23/16 Show title: "Folk Art by Sam Ezell" Artist: Sam Ezell Number of items: 21 Item# Title Size Medium Retail Value 1 Fansee Ladie 24.5"x 32.5" acrylic on board 175.00 2 Farm House 24.5"x 24.5" acrylic on board 150.00 3 Gone Fishing 24.5"x 18.5" acrylic on board 125.00 4 Hebo's Night Club&Church 32.5"x 24.5" acrylic on board 200.00 5 Play Ball 24.5"x 32.5" acrylic on board 175.00 6 Yoyo-ing 24.5"x 32.5" acrylic on board 175.00 7 Going to School 25"x 17" acrylic on board 125.00 .............................. ......... 8 Bellevue 20"x 16" acrylic on pre-stretched canvas 175.00 9 Freeland House 36"x 24" acrylic on pre-stretched canvas 225.00 10 Rosemond/Gattis House 20"x 16" acrylic on pre-stretched canvas 175.00 11 Latta Brothers Tractor Service 20"x 16" acrylic on pre-stretched canvas 175.00 12 Midlawn 20"x 16" acrylic on pre-stretched canvas 175.00 13 Old Sheriffs Office 16"x 20" acrylic on pre-stretched canvas 175.00 14 Teardrops 20"x 16" acrylic on pre-stretched canvas 175.00 15 The Burwell School 20"x 16" acrylic on pre-stretched canvas 175.00 16 Visitors Center 16"x 20" acrylic on pre-stretched canvas 175.00 17 Durham House 20"x 16" acrylic on pre-stretched canvas 175.00 18 Brown Chicken 16"x 20" acrylic on pre-stretched canvas 150.00 19 Flowers 16"x 20" acrylic on pre-stretched canvas 150.00 20 Mt Olive Pickles 16"x 20" acrylic on pre-stretched canvas 175.00 21 Van Gogh's Bedroom 20"x 16" acrylic on pre-stretched canvas 200.00 Retail Value Total 3,600.00 SIGNED BY EXHIBITOR: DATE: SIGNED BY ORGANIZER: DATE: DocuSign Envelope ID: E7C372F7-E3B3-416F-839D-499520E582C4 / / ,. f . / . 1 / - - . - - — . , iir ,. .. ...- .,_ .-. . . . b ... - - I;-A•*Vat \,. .1,J ■/ '7"---.--,-- /FANCEE L104 ...S.. s• N 1 — Fansee Ladie 2—Farm House 3—Gone Fish in ri j .41," — .. r ir. 15121 ' ) ' ) ,,,,, 1- il• 114 HE Bo V...V . II Mitt s a•a ,b.: ‘,i . i ....,.. .. 1r i 10 .1111.,1, 6 F.0 .......— Pr--- __,...........,..---- --- •W..• 1 4—Hebo's Night Club & Church 5— Play Ball 6—Yoyo-ing PE lir ORO IIP i#E3I5111171 . _ _ 41 all' u 1111 tOr Eli 11 =IAA ' _-- 11-------_-1'4u, '_ "ti --• ,, ---- loto -101 1 .., . . ••. s,. , T 9- — _____-,----1_1 7—Going to School 8— Bellevue 9— Freeland House _ 1` IV. - --IPP--,u-- , . ( 1' - - - , '..- / 11 ... / 0\ 1 -- , c_ . CM ' '' '1ii:::::,, 1 I I t 1 I 1 "il' 4IrCtill 11111 12 I 17rr. '0/ ,,, ?---'7, . ik„ ■‘;`' -Pa - WA. • • 1 e" ril .sA.'IN 13eLL ..111 ,\ ' • . ''''i.__ 1 0-Rosemond/Gattis House 11 — Latta Brothers Tractor Service 12 - Midlawn • _ - , , — — rt ... 1, , . .T1,-,__. - . .., —__ _ - _ III!@1- - , MI1111 11101,ol III ji,irdri ....;--I ., '" — — '. 19171:1 _ VI Oili _ Ili— ill TIP l'i 11 --..,—,=7;-, Elli - .... Ea -1 - --=.1.:. -._--t Ji'vl(-jct.< 1 13—Old Sheriff's Office 14—Teardrops 15—The Burwell School DocuSign Envelope ID: E7C372F7-E3B3-416F-839D-499520E582C4 F ,, I- M In a 1/ _ _Mil , tarr_117 41 1_ , pi , _. -. -, J col 1 ptig WM 'V 1 16—Visitors Center 17— Durham House 18— Brown Chicken r WICELli.; IL, in ■ Ilk\ ''' f 1(41 1 li iris ,,. 11 al loll 0 X w !Illi.,,,rAi ir ,...,, , , k a OX 0 ° 'fresh ' Xx r _ • 19— Flowers 20— Mt Olive Pickles 21 —Van Gogh's Bedroom