HomeMy WebLinkAboutC-7024-1 - MOU and Loan Agreement - Joan Irving Brandt ExhibitMEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
E. GENE CRAIN
THIS MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT
("Agreement') is made on this 1st day of February, 2016, ("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 E. Gene Crain, 902 Emerald Bay, Laguna Beach, California 92651 ("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
The term of this Agreement shall commence on the Effective Date and shall
terminate on April 1, 2016, unless terminated earlier or extended by written amendment
to this Agreement. The Exhibition Period shall take place from February 16, 2016 to
April 1, 2016 ("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 February 16, 2016.
4. INSTALLATION AND DE -INSTALLATION
City shall be responsible for and bear the costs of installation and de -installation
of the Art Work.
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
10.4 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.
10.5 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.
10.6 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.
10.7 Controlling Law and Venue. The laws of the State of California shall
govern 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.
10.8 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.
10.9 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]
E. Gene Crain Page 3
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. RESERVED
8. RESERVED
9. CONTRACT ADMINISTRATION
9.1 City's Representative. 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.
9.2 Collector's Representative. E. Gene Crain shall serve as the Collector'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.
10. STANDARD PROVISIONS
10.1 Recitals. City and Collector acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
10.2 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.
10.3 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
E. Gene Crain Page 2
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: L /
By:
Aaron C. Harp 13
City Attorney
Date: EST: 0 •- I�
c
By: w
Leilani .Brown
CityClerk
ATTACHME
CITY OF NEWPORT BEACH,
a California m ic'p210 pration
Date: Z
By:
---N,i-
i ethe on
Library Services Director
D�
3LLECTOR: E. Gene Crain
[END OF SIGNATURES]
Description of Art Work
E. Gene Crain Page 4
EXHIBIT A
DESCRIPTION OF ART WORK
Description of Art Work(s):
All works by: Joan Irving Brandt
Joan Irving Brandt
Southwind
1981
20 X 28 inches
Watercolor on paper
Insurance valuation: $3,300
Reflections On Watercolor
1980s
20%x27% inches
Watercolor on paper
insurance valuation: $3,300
IK Poppies By The Sea
1980s
20 X 24 inches
Watercolor on paper
Insurance valuation:
s
18 % X 27 inches
Watercolor on paper
Insurance valuation:
$2,250
$2,000
Kites \�
1964
19 X13 inches
Watercolor on paper
Insurance valuation: $2,100
�t Golden Horse
(� 1962
15 X 22 inches
Watercolor on paper
Insurance valuation: $2,000
E. Gene Crain Page A-1
19 ��N
20X2 c s
Water or aper
In ance valua n: $2,300
Sails Among The Dunes
1960s /ov
15 X 29 inches
Oil on board
Insurance valuation: $2,600
�( Evening Stroll
1970s
20 X14 inches
Watercolor on paper
Insurance valuation: $1,750
Blackbirds and Mustard
1963
14 X 25 inches
Watercolor on paper
Insurance valuation: $1,900
Q Shaw Island
1970s
15 X 22 inches
Watercolor on paper
Insurance valuation: $1,500
13X 20-o s
ercolor on er
Insurance valuatio • 1,500
La Jolla Cove Park �1\
1945
10 X14 inches
Gouache on paper
Insurance valuation: $1,000
Breakwater -Corona del Mar
1950s
X X 28 inches
Oil on board
Insurance valuation: $1,600
E. Gene Crain Page A-2
6 a (A en aoo
to the Sea
1970s
30 X 22 inches
Watercolor and gouache on paper
Insurance valuation: $3,500
M8 's Homme rAl �
/ QAU
26X1 ches V_✓ J ,(V
Wa rcolor paper
Inx'urance valuation: $2,500
Joa 's Poppie�
1986 V r(A
Water or on paper
20 271 hes
Insurance lue $2,200
j� Ensenada — That Way
/ 1988 / {1
Watercolor on paper
13 x 27 inches
Insurance value $2,000
7=7dM.
68�
3 r on paper
3 x 20 in s
Insurance va $1,800
Las Trampas Mission
1980s
Watercolor on paper
17 x 28 inches
Insurance value $1,900
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E. Gene Crain
Page A-3
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