HomeMy WebLinkAboutC-5961(C) - MOU and Loan Agreement - Rex Brandt Artworkn
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if MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
JEFF OLSON
THIS MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT
( "Agreement') is made on this 21st day of October, 2014, ( "Effective Date') by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city, located at 100 Civic Center Drive, Newport Beach, California 92660 ( "City ")
and Jeff Olson, 20271 Bayview Avenue, Newport Beach, California 92660 ( "Collector").
RECITALS
A. The City desires to host a temporary public exhibition ( "Exhibition ") at the
Newport Beach Central Library located at 1000 Avocado Avenue, Newport
Beach, California 92660 ( "Location "), consisting of certain work(s) ( "Art
Work ") owned by Collector, a description /depiction of which shall be attached
as Exhibit A to this Agreement, and incorporated herein by reference, once
photographed, categorized, and documented by City upon delivery.
B. Collector owns the Art Work and desires to lend it to the City for the purpose
of the Exhibition. Collector warrants that he /she possesses all rights and
authority necessary to lend the Art Work and to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the promises
contained herein, the City and Collector mutually agree as follows:
1. TERM AND EXHIBITION PERIOD
1.1 The term of this Agreement shall commence on the Effective Date and
shall terminate on January 15, 2015, unless terminated earlier or extended by written
amendment to this Agreement.
1.2 The Exhibition Period shall take place from October 31, 2014 to December
15, 2014 ( "Exhibition Period "), unless extended or reduced by City.
2. NATURE OF ART EXHIBITION
The Exhibition shall include the Art Work and shall take place at the Location.
3. SHIPPING OF ART WORK
Collector shall be responsible and bear all costs and risks of loss associated with
packing and shipping the Art Work to and from the Location. Collector shall cause the
Art Work to ship to the Location on or by October 31, 2014.
4. INSTALLATION AND DE- INSTALLATION
City shall be responsible for and bear the costs of installation and de- installation
of the Art Work.
5. CARE AND SAFEKEEPING
Collector understands that during the Exhibition Period the Art Work will be
located in an unsecured public location along a major thoroughfare, easily accessible to
the public.
6. RISK OF LOSS AND INSURANCE
6.1 City shall not be responsible for acts of God, for loss resulting from a flood
or earthquake, or any weather related damage to the Art Work. City agrees to bear the
risk of loss or damage, excluding maintenance and repair costs, to the Art Work, up to a
maximum of the fair market value of the Art Work immediately prior to the damage. The
City shall not be responsible or otherwise financially liable for any accident, theft,
vandalism or damage to the Art Work from any cause beyond the payment of the fair
market value of the Art Work to the Collector.
6.2 The City shall, at its cost, procure and maintain fine arts coverage for any
loss or damage to the Art Work. Coverage shall apply to unscheduled fine arts in the
City's care, custody or control not to exceed a loss amount of Two Million Five Hundred
Thousand Dollars and 00/100 ($2,500,000).
7 EXHIBITION CATALOGUE — ADVERTISING AND USE OF IMAGES
The City shall have the right to reproduce, distribute, and /or or display
representations of the Art Work in any non - commercial manner whatsoever.
8 CONTRACT ADMINISTRATION
Unless otherwise designated in writing, the Library Services Director shall serve
as the City's Project Administrator for the display of the Art Work under this Agreement.
All activities performed under this Agreement shall be coordinated with this person or
his /her designee.
9 STANDARD PROVISIONS
9.1 Recitals. City and Collector acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
9.2 Compliance with all Laws. Collector shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
9.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
Jeff Olson Page 2
9.4 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
9.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Collector and City and approved as to form by the
City Attorney.
9.6 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
9.7 Controlling Law and Venue. The laws of the State of California shall
govem this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
9.8 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
9.9 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Jeff Olson Page 3
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 171 / / q
By:
Aaron arp
City Attorney
ATTEST: r� ��J
Date: G b
By:
Leilani I. Brow
City Clerk�vjEW,
ATTACHMENT:
�ORN1PP
Exhibit A
CITY OF NEWPORT BEACH,
a Californi mu icipal corporation
Date: ` o 2 �� 1�0'
By&meth&t6n
ervices Director
COLLECTOR: JEFF OLSoeN
Date: y _l
By:
Jeff Olden
Colle,�tor
[END OF SIGNATURES]
Description of Art Work
Jeff Olson Page 4
ATTACHMENT: Exhibit A:
Artist: R.e x 8 "iv f
Description of Art Work
EXHIBIT A
DESCRIPTION OF ART WORK(S)
Exact Title of Work: D02.!j F(e'e f
Medium or Materials: OPAQUe WA (L°`Cd0` O n 1`a P�
Date of Work: (5-7 -7 2
Dimensions: k 2 / n c(neS
INSURANCE Or
Total Value (estimated fair market value in U.S. $ - see item 6.1,
Risk of Loss and Insurance):.' I Sj00b
Do you prefer to maintain your own insurance? Yes ❑ No If so, estimated premium:
Do you prefer to waive insurance? Yes ❑ No Yr" If so,
Artist: lze K 13 a rd U Q
Exact Title of Work: 13tPElCH AT �3� L B0 Iq
Medium or Materials: Lpa fwCDIOr 'aN
Date of Work: lq7 2,
Dimensions: 14- x ZZ 111GV`eS
INSURANCE
Total Value (estimated fair market value in U.S. $ - see item 6.1,
Risk of Loss and Insurance): 4 j S, 000
Do you prefer to maintain your own insurance? Yes ❑ No 5 If so, estimated premium:
Do you prefer to waive insurance? Yes ❑ No If so, initial: ❑
initial:
Jeff Olson Page A -1