HomeMy WebLinkAboutArt Gift Agreement for Donation of Art ot City of Meridian by Richard HerdegenART GIFT AGREEMENT
Qet (, This ART GIFT AGREEMENT ("Agreement") is entered into this (�) day of Deeernbe—,
tOtS, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue,
Meridian, Idaho ("City"), and Richard Herdegen, whose address is 5429 Capson Lane, Boise, Idaho
("Artist") (collectively, "Parties").
WHEREAS, Artist offered to give to City, as a gift, a mosaic that is thirty-three inches wide
and forty-four inches tall, entitled "Bounty", created by Artist using glass and ceramic, as depicted in
Exhibit hereto ("Work");
WHEREAS, on December 10, 2015, the Meridian Arts Commission received Artist's offer and
recommended that the Meridian City Council accept Work as a gift to City;
WHEREAS, the Meridian City Council wishes to accept such Work for display at a City
facility, in order to make visual art part of the regular experience for those who utilize such facilities; to
encourage dialogue about creativity in our community among the elected officials, community
leadership, staff and visitors; and to provide inspiration for new ways of experiencing the arts;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and
conditions hereinafter contained, the parties hereto do mutually agree as follows:
Delivery. Artist shall deliver the Work to Arts & Culture Specialist Hillary Bodnar, at 33 E.
Broadway Ave., Meridian, Idaho. Acceptance shall be signified by written receipt.
2. Copyright. Following delivery, the copyright for Work shall be held by City. The Artist shall
reserve no right to reproduce the Work in any manner or for any purpose, though the Artist may
request such right from City, which right City shall not unreasonably withhold. Any such right
shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed.
City may use partial or complete images of such Work for promotional or other public use without
further permission from Artist. While Artist shall make no claim to the copyright of the Work,
Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly
displayed, and in writing as to any reproduction of the Work by City for promotional or other
public use.
3. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or
interest in said copyrighted Work. Artist understands that said waiver includes waivers of the
exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to
relinquish any and all rights, title, and interest to the Work developed in connection with this
Agreement and hereby expressly waives any rights Artist has to said Work including, but not
limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights
Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of
attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly
waived except as otherwise provided herein. To the extent that the provisions of this Agreement
differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this
ART GIFT AGREEMENT PAGE 1 OF 3
Agreement will govern and any such differences in the rights and duties created thereunder are
expressly waived.
4. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or
misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would
violate the spirit of the Work.
5. Display. It is the intent of City to incorporate Work into the art collection to be displayed at
Meridian City Hall or other City facility. Nothing in this Agreement, or otherwise, shall preclude
the right of City to remove Work from display, whether temporarily or permanently.
6. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental
and whether caused by City or others, upon written request of Artist, the Work shall no longer be
represented to be the work of Artist. Other than as specified herein, Artist specifically waives the
right to claim any other remedy concerning the alteration of the Work as provided for under Idaho
or federal law, whether by statute or otherwise.
7. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and
shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right
to detennine when and whether repairs and restorations of the Work shall be made.
8. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work,
Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift,
bequest, transfer, or trade.
9. Waiver and indemnification. Artist waives any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from or in any
way connected with or incident to Artist's performance of this Agreement except for liability
arising out of concurrent or sole negligence of City or its officers, agents or employees. Further,
Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims,
demands, damages, costs, expenses or liability arising out of Artist's performance of this
Agreement except for liability arising out of the concurrent or sole negligence of City or its
officers, agents or employees.
10. Construction and severability. If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other part of this
Agreement so long as the remainder of the Agreement is reasonably capable of completion.
11. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This
Agreement supersedes any and all statements, promises, or inducements made by either party, or
agents of either party, whether oral or written, whether previous to the execution hereof or
contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
12. Governing law. This Agreement shall be governed by the laws of the State of Idaho.
ART GIFT AGREEMENT PAGE 2 OF 3
13
City Council approval required. The validity of this Agreement shall be expressly conditioned
upon City Council action approving the Agreement. Execution of this Agreement by the persons
referenced below prior to such ratification or approval shall not be construed as proof of validity in
the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thug day
Of B%1%1%1-L11pito
ARTIST:
Richard Herdegen
CITY OF
7INDIAN:
BY: -
Tammy eerd, Mayor
Attest: A� C�' SL4�
aycee L olman
City Clerk
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ART GIFT AGREEMENT PAGE 3 OF 3
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