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HomeMy WebLinkAboutC04-158 Kathryn WheelerLc~ ~-- /S~-7c' CONDITIONS GOVERNING ART LOANS TO THE EAGLE COUNTY AIR TERMINAL CORPORATION The Eagle County Air Terminal Corporation ("ECAT") desires to designate exhibition space at the Eagle County Air Terminal Building to showcase artists and galleries ("Artist/Gallery") whose works celebrate themes common to Eagle County and the Eagle County Regional Airport. WITNESSETH: WHEREAS, ECAT owns and operates the Eagle County Air Terminal Building located on the Eagle County Regional Airport in Eagle County, Colorado. WHEREAS, Artist/Gallery is desirous of loaning art to ECAT for display at the Air Terminal Building. WHEREAS, ECAT is willing to display such art pursuant to Artist/Gallery's agreement to the terms and conditions herein. CONDITIONS: 1. The location of display(s) shall be at the sole discretion of ECAT and shall be subject to withdrawal or movement at any time. The display(s) allowed hereunder are non-exclusive and ECAT reserves the right to use and enjoy the location of the display(s) to the fullest possible extent without unreasonable interference with the display of Artist/Gallery. 2. The art shall be displayed until such time as either Artist/Gallery or ECAT notifies the other party of its desire to terminate the display. Upon termination for any reason, Artist/Gallery agrees to promptly remove all displays from the Air Terminal Building and restore the same to its condition preceding the ArtistlGallery's use, within seven (7) days of the termination, at Artist/Gallery's expense. Notwithstanding the foregoing, ECAT may at any time remove said displays and store the same. Artist/Gallery agrees to hold ECAT and Eagle County harmless for any damage to property caused by the removal and storage of the displays. If Artist/Gallery fails to pick up and remove stored or displayed exhibits within seven (7) days of the termination notice or upon another date specified by ECAT, Artist/Gallery agrees to be responsible for the cost of storage. Artist/Gallery agrees to be fully bound by all terms and conditions of this agreement during the time the displays are exhibited and/or stored by ECAT. 3. All displays shall be unattended and shall not contain lighting elements o~ any kind. There shall be no on-site sales of displays. Artist/Gallery may provide artist information, contact information, and business cards that identify off-site gallery and sales information. 4. The size and content of all displays must be submitted to ECAT for approval prior to exhibition. ECAT reserves the right to disapprove of submittals for any reason at its sole discretion. Special consideration may be given to displays that relate to one or more of Eagle County's priority agenda items (i.e. youth, education, safety, aviation, etc.). No approval given by ECAT shall in any way reduce or eliminate the obligations of Artist/Gallery as set forth herein. ECAT reserves the right to approve, in its sole discretion, all art to be displayed to ensure that the displays are not deemed offensive, controversial, immoral or inappropriate for the display in a public building. 5. Artist/Gallery will not display art in any way that violates any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, State of Colorado, County of Eagle, or other municipal, governmental, or lawful authority whatsoever having jurisdiction. 6. Artist/Gallery shall be responsible for the installation of the art displays, at its sole expense. Such installation must be performed during off-peak hours at a reasonable time specified by ECAT. Artist/Gallery shall notify and coordinate with ECAT prior to installation to ensure proper location of the display(s) and to avoid disruption to operations at the Air Terminal Building. All installation and removal shall be supervised by ECAT personnel. Artist/Gallery is responsible for all maintenance and repairs of the art displays, including the regular cleaning of the displays. Artist/Gallery shall repair any damage made to the premises when installing, removing, or maintaining the art displays. 7. Artist/Gallery shall be fully liable for all injuries to persons or damage to property resulting from the installation, display, maintenance, and removal of the art, and shall indemnify and hold harmless ECAT and Eagle County, their commissioners, boards, employees, agents and insurers, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of such uses. ECAT shall not be liable for any loss of displays or for any damage to the displays resulting from any cause whatsoever, and Artist/Gallery agrees to make no claim for any such loss or damage against ECAT and Eagle County, their commissioners, boards, employees, agents and insurers, at any time. 8. Artist/Gallery is responsible for taking actions necessary to obtain copyright protection for any works which are loaned to ECAT for display. By executing this document, the signatory acknowledges that he or she is fully authorized to lend the display(s). Unless otherwise notified in writing by the Artist/Gallery, ECAT may photograph and reproduce the displays in its publications and for publicity purposes. 9. All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent first class mail, postage prepaid, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing. ECAT ArtistlGallery ECAT Attn: Ovid Seifers Attn: ~~'~, ~ w~E~~- P.O. Box 850 Eagle, CO 81631 ~ ©~ x ~ ~ ,~, ~i~~ With a copy to: 2 w Eagle County Attorney's Office 500 Broadway P.O. Box 850 Eagle, CO 81631 Every notice shall be deemed effective three (3) days from the date it shall be deposited in the United States mail addressed to the parties above. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. 10. In the event that ECAT must pursue litigation or other action or proceeding arising out of the performance or nonperformance of Artist/Gallery hereunder, including any indemnities herein contained, ECAT shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. 11. This document shall be construed in accordance with the laws of the State of Colorado. The parties stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this document. ATIST/GALLERY AGREEMENT I have received, read, and understand the above stated policies and guidelines for exhibiting art at the Eagle County Air Terminal Building. I understand that by singing this document, I agree to all terms and conditions herein. 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