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Home My WebLink AboutC07-258 Eagle County School Districtr CONDITIONS GOVERNING ART LOANS TO THE EAGLE COUNTY AIR TERMINAL CORPORATION The Eagle County Air Terminal Corporation ('SCAT") desires to designate exhibition space at the Eagle County Air Terminal Building to showcase Aviation themed Artwork of Gypsum Creek Middle School Students ("Artist") 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 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 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. 2. The art shall be displayed until such time as either Artist or ECAT notifies the other party of its desire to terminate the display. Upon termination for any reason, Artist agrees to promptly remove all displays from the Air Terminal Building and restore the same to its condition preceding the Artist use, within seven (7) days of the termination, at Artist expense. Notwithstanding the foregoing, ECAT may at any time remove said displays and store the same. Artist agrees to hold ECAT and Eagle County harmless for any damage to property caused by the removal and storage of the displays. If Artist 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 agrees to be responsible for the cost of storage. Artist 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 of any kind. There shall be no on-site sales of displays. Artist may provide artist information in the form of a plaque of a type that compliments the artwork being displayed and the terminal interior finishes. 4. The display shall contain 20-25 plywood sanded and shaped airplanes designed to resemble a large Jet aircraft commonly used to transport passengers at Eagle County Airport. The aircraft shall be painted to in a manner which honors the international diversity of Eagle County's resident and visitors by applying a theme that honors countries that previously hosted Olympic venues. 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. Displays shall relate specifically to Aviation with preference given to displays that depict a theme unique to Eagle County. No approval given by ECAT shall in any way reduce or eliminate the obligations of Artist 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 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 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 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 is responsible for all maintenance and repairs of the art displays, including the regular cleaning of the displays. Artist shall repair any damage made to the premises when installing, removing, or maintaining the art displays. 7. Artist 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 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 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, 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 Artist Attn: Chris Anderson Attn: Nicole von Tempske Eagle County Air Terminal Corp. Gypsum Creek Middle School P.O. Box 850 P.O. Box Eagle, CO 81631 Gypsum, CO 81637 (970) 524-8246 (970) 328-0436 With a copy to: 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 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. ARTIST 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. ARTIST: By: Nan Tith Date: `--5. `3 / - 0 T G:\bryan\misc\Art Airport Agreement 3