HomeMy WebLinkAboutAcceptance Agreement Main Street and Fairview Avenue Artwork - NativesACCEPTANCE AGREEMENT
MAIN STREET & FAIRVIEW AVENUE ARTWORK: "NATIVES"
ff,�tob2,--
This ACCEPTANCE AGREEMENT is made thisday of Seplmber, 2016 ("Effective
Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the
State of Idaho ("City"), and C.J. Rench, on behalf of CJRDesign, an assumed business name registered
with the State of Oregon ("Artist").
WHEREAS, on or about September 26, 2016, at the southeast corner of Main Street and
Fairview Avenue, in Meridian, Idaho ("Site"), Artist installed artwork entitled "Natives," consisting of
three (3) sculptures ("Artwork");
WHEREAS, on June 28, 2016, City and Artist entered into a Professional Services Agreement
for Fabrication and Installation of Main Street And Fairview Avenue Artwork ("June 28, 2016
Agreement") that includes, in Section H.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 June 28, 2016 Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby, and in the June 28, 2016 Agreement, acknowledged and agreed, and in consideration
of the mutual promises and covenants herein contained, the Panties agree as follows:
I. 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
June 28, 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 June 28, 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 airy 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 June 28, 2016 Agreement and any and all addenda thereto; and/or
ACCEPTANCE AGREEMENT
OUT ON THE TOWN PAGE I of 2
D. The malfunction, breakage, or failure of the artwork, or any portion or component thereof,
created and installed under the June 28, 2016 Agreement and any and all addenda thereto.
11. WAivE.it.
Artist hereby waives and releases, on behalf of liimself, his employees, agents, heirs, executors,
administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages
lie 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 June 28, 2016 Agreement. Except as otherwise expressly
delineated in the June 28, 2016 Agreement, Artist hereby waives any and all right, title, or interest in
the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the June
28, 2016 Agreement and any and all addenda thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of
Sep hbbeer, 2Q16.
ARTIST:
J. Reneh, C esign
(;ITT
BY:
Attest:
C.
ACCEPTANCE.. AGREEMENT
NATIVEs
�QOa,,TEDA,j T
S
v
A ^ (�itvuf w
L_: V E IDIAN�_-
IDANO
to_ SEAL -6tI
PAGr•.2 of