HomeMy WebLinkAboutAcceptance Agreement for Meridian CH Plaza Artwork Out on the TownACCEPTANCE AGREEMENT
MERIDIAN CITY HALL PLAZA ARTWORK: "OUT ON THE TOWN"
This ACCEPTANCE AGREEMENT is made this day of September, 2016 ("Effective
Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the
State of Idaho ("City"), and and Daniel Borup, an individual whose address is 426 Walnut Street,
Shelley, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, on September 8, 2016, Artist installed at Meridian City Hall artwork entitled "Out
on the Town," an installation of three bronze sculptures depicting three children enjoying a day in
Meridian ("Artwork");
WHEREAS, on January 26, 2016, City and Artist entered into a Professional Services
Agreement for Fabrication and Installation of Meridian City Hall Plaza Artwork ("January 26, 2016
Agreement") that includes, in Section II.C.3, a requirement that the parties enter into a mutually
agreed-upon acceptance agreement as a condition of the City's Final Acceptance of the artwork
designed, created, and installed by Artist pursuant to the January 26, 2016 Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby, and in the January 26, 2016 Agreement, acknowledged and agreed, and in
consideration of the mutual promises and covenants herein contained, the Parties agree as follows:
L INDEMNIFICATION.
Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected
officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions,
and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by
or as the result of the performance of or failure to perform any work or service under or related to the
January 26, 2016 Agreement.
Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees,
elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions,
judgments for damages, expenses, or injury to any person or to property arising as a result of:
A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise
reasonable care, skill or diligence in the performance of any work or service under or related to
the January 26, 2016 Agreement and any and all addenda thereto;
B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's
agent(s), employee(s), or subcontractor(s);
C. Artist's infringement of or upon any intellectual property rights, whether intentional or
unintentional, known or unknown, including any copyright or patent arising out of the
reproduction or use in any manner of any plans, designs, drawings, specifications, information,
material, sketches, notes or documents created by Artist in the performance of any work or
service under the January 26, 2016 Agreement and any and all addenda thereto; and/or
ACCEPTANCE AGREEMENT
OUT ON THE TOWN PAGE 1 of 2
II. WAIVER.
Artist hereby waives and releases, on behalf of himself, his employees, agents, heirs, executors,
administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages
he now has or may hereafter have against the City of Meridian and/or its employees, elected officials,
agents, guests, and/or business invitees, suffered in connection with or arising out of the performance
of any work or service under or related to the January 26, 2016 Agreement. Except as otherwise
expressly delineated in the January 26, 2016 Agreement, Artist hereby waives any and all right, title, or
interest in the Artwork and/or all items created Larder, assembled pursuant to, and/or otherwise related
to the January 26, 2016 Agreement and any and all addenda thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the X day of
September, 2016,
ARTIST:
Daniel E. Borup
CITY OF MERIDIAN: �Q&ATED,44,0
BY:
Tammy e eerd, Mayor
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TR ASO
Attest:
C.y Co e , rty Clerlc
ACCEPTANCE AGREEMENT
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