Rauso-Woodward, Renee/Artwork Loan 10AGREEMENT FOR TEMPORARY LOAN OF ARTWORK
This Temporary Loan Agreement ("Agreement") is entered into this T14day of
2010, by and between the City of La Quinta, a California municipal
rpo tion and charter city ("City"), and Renee Rauso-Woodward ("Artist").
RECITALS
WHEREAS, Artist is the owner of the Artwork described in this Agreement; and
WHEREAS, the City desires to increase public awareness and exposure to the
arts in a cost effective manner for the general welfare and benefit of the City's
residents; and
WHEREAS, City and Artist desire that City temporarily have custody and
possession of the Artwork for the purposes of public display and enjoyment; and
WHEREAS, the City wishes to accept and the Artist wishes to loan on a
temporary basis the Artwork; and
WHEREAS, the parties desire by this Agreement to provide for the parties'
respective interests in the Artwork and for procedures and understandings governing
its use, custody, protection and public enjoyment.
TERMS
NOW, THEREFORE, the parties hereto agree as follows:
1. Description of Artwork. This Agreement pertains to the loan of four
pieces of artwork (collectively referred to in this Agreement as "Artwork"). The
Artwork is more fully and specifically described in Exhibit "A," attached hereto and
incorporated herein by this reference, with reference to their titles, types of work, the
approximate size of each, the appraised value of each, and whether they are dated,
signed, and framed.
2. Duration of Loan. The City shall accept the temporary loan of Artwork
described in Exhibit "A" for a period of two months/years, commencing on August 2,
2010 and ending on the loan termination date of September 30, 2010 (the "Loan
Period"). The Loan Period may be shortened or lengthened in duration by mutual
agreement between the Artist and the City.
3. Location of Artwork. The Artist agrees that the City shall have sole and
absolute determination as to the location and placement of the Artwork. In the event
Artist does not approve of the proposed location, Artist may cancel this Agreement.
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4. Transport and Installation. All transportation of the Artwork to the City's
site, proper installation, proper de -installation and removal from the City's site shall be
the responsibility of the Artist, at the Artist's sole costs.
5. Condition, Use, and Care of Artwork. Artist certifies that the Artwork is
in good condition unless and except as specifically noted: During the Loan Period, City
shall not loan the Artwork for exhibition or other usage away from the City site
without the prior written consent of the Artist. Upon termination of this Agreement,
City shall return the Artwork to Artist in as good condition as when City took
possession thereof, ordinary wear excepted. Artist shall be responsible for de -
installing the Artwork and for any transportation costs associated with the return of
the Artwork. While the Artwork is in the possession and care of City, the Artist shall
provide City with written instructions for appropriate maintenance of the Artwork.
During the Loan Period, the City shall be responsible for the maintenance of the
Artwork.
6. Insurance for Artwork. The City shall cover the Artwork against damage
or loss in the amount of Three Thousand Eight Hundred Fifty and Zero/100 Dollars
($3,850.00), which the parties agree is the fair market value of the Artwork and the
extent of the City's liability in the event of damage or loss. The City's obligation to
provide coverage is solely for the duration of the Loan Period and only while the
Artwork is located on the City's property, excluding installation and de -installation.
7. Termination. In the event that the City determines, at its sole discretion,
that it no longer desires to display the Artwork, then the City may terminate this
Agreement upon a thirty (30) days notice to the Artist, and the Artwork shall be
removed by the Artist in accordance with the terms stated in Section 4 within twenty-
one (21) days of the Notice of Termination by the City. City shall have the right to
dispose of the Artwork if it has not been removed pursuant to the Notice issued under
this paragraph, or within 30 days after the expiration of the Loan Period where no early
termination notice is provided. Such failure to remove the Artwork shall be deemed to
convert the temporary loan into a permanent donation with the City obtaining full title
to the Artwork.
8. Title to Artwork. Except as provided in Section 9 below, the Artwork
shall remain the property of the Artist. However, by virtue of this Agreement, the City
is entitled to custody and possession, and the Artist agrees to relinquish custody and
possession of the Artwork for the Loan Period described in Section 2 above. The
Artist shall retain all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101
et seq., and all other rights in and to the Artwork except custody and possession,
except as such rights are limited by this Agreement.
9. Sale of Artwork. The Artist may sell the Artwork during the term of this
Agreement and, if sold, may assign his/her rights under this Agreement. However,
under no circumstances shall sale of this Artwork terminate this Agreement or
adversely affect the City's rights hereunder including, but not limited to, the City's
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right to custody and possession. The Artist shall notify the City immediately upon sale
of the Artwork.
10. Warranty of Title and Rights of City. Artist warrants that he/she is the
creator and owner of the. Artwork, that to the best of his/her knowledge the Artwork is
not presently subject to claims of ownership, lien or encumbrance or to common law
or statutory copyright claims of any other person, institution, or domestic or foreign
government, and that Artist has complied with all applicable domestic and foreign
customs and export/import regulations. The Artist hereby grants to the City, in
perpetuity, the right to photograph, film, videotape, or otherwise depict the Artwork at
any time during the Loan Period and to use such photographs, film videotapes or
depictions at any time thereafter for purposes of promotion relating to the exhibition or
the City, provided the City gives artistic credit to the Artist concurrently with such
uses.
11. Credit Line and Identification of Artist. During the Loan Period, the City
shall install and maintain a plaque near the Artwork identifying the Artist. In addition,
in any public announcements or promotion of the exhibit or the City that utilize images
of the Artwork, the City shall use the following credit line for the Artwork: What a
Little Birdie Told Me by Renee Rauso-Woodward, on loan to City from the Artist"].
12. Integration. This Agreement, consisting of five pages and one exhibit,
embodies the entire Agreement and understanding between the parties hereto, and
there are no other agreements and understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded hereby, except as
set forth in this Agreement.
13. Amendment/Modification. No alteration, change or modification of the
terms of the Agreement shall be valid unless made in writing and signed by each party
hereto and approved by appropriate action of the City.
14. Non -Waiver. No waiver of performance by either party shall be construed
as or operate as a waiver of any subsequent default of any terms, covenants and
conditions of this Agreement.
15. Governing Law. This Agreement, regardless of where executed or
performed, shall be governed by and construed in accordance with the laws of the
State of California.
16. Venue. In addition to any other rights or remedies and subject to the
restrictions otherwise set forth in this Agreement, either party may institute legal
action to seek specific performance of the terms of this Agreement, to recover
damages, or to obtain any other remedy, at law or in equity, consistent with the
purpose of this Agreement. Such legal actions must be instituted in the Superior Court
of the County of Riverside, in an appropriate Riverside County municipal court, or in
the Federal District Court in the district of California which includes Riverside County.
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17. No Personal Liability. No elected or appointed official, employee, or agent
of the City shall be charged personally with any liability under any term or provision of
this Agreement.
18. Attorneys Fees. If any party to this Agreement brings a legal action or
proceeding against another party to enforce the provisions of this Agreement, or on
account of a claim or dispute arising out of this Agreement, then the prevailing party in
such arbitration or legal action or proceeding shall be entitled to reimbursement by the
other party of the legal fees and costs, including reasonable attorney fees, incurred by
the prevailing party in connection with the legal action or proceeding.
19. Binding. This Agreement shall be binding upon and shall inure to the
benefit of the City and the Artist and their respective heirs, personal representatives,
successors and permitted assigns.
20. Notices. All notices, requests, demands and other communications which
are required or permitted to be given under this Agreement shall be in writing and shall
be deemed to have been duly given upon the delivery or receipt thereof, as the case
may be, if delivered personally or sent by registered or certified mail, returned receipt
requested, postage prepaid, as follows:
To the City: City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Attn: Community Services Director
To the Artist: Renee Rauso-Woodward
80175 Avenue 52, #322
La Quinta, CA 92253
21. Severability. If any term or provision of this Agreement is declared by a
court of competent jurisdiction to be illegal, void, or unenforceable, that term shall be
severed from and shall not affect the validity and enforceability of the remaining
portions of this Agreement.
22. Headings. The paragraph headings herein are used only for ease of
reference, and do not limit, modify, construe, or interpret any provision of this
Agreement.
23. Assignment. This Agreement may not be assigned, either in whole or in
part, by either party without the express written consent of the other, in advance. The
assignee under any permitted assignment shall have all the rights and remedies of the
original parties insofar as the same are assignable.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
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Thomas P. Genovese, City Manager
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Veronica J. M,9Stecino, CMC, City Clerk
APPROVED AS TO FORM:
ARTIST: RENEE RAUSO-WOODWARD
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Title:
Date: 4 ' -1250 • ( D
Date
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EXHIBIT "A"
DESCRIPTION OF ARTWORK
The Artist will install four abstract expressionism paintings in the Main Library titled:
"A Beautiful Mission" 30"x 40" valued at $1,000
"It Was My Wish" 36"x36" valued at $875
"A Little Birdie Asked Me How Do You Choose" 48"x36" valued at $1,300
"Whenever I Touch" 20"x 16" valued at $675
All acrylic and gouache paintings are unframed on canvas.
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