HomeMy WebLinkAboutECAT C04-141 Allison Wells Fine ArtsC, v e.~ - ~ ~4- I _ ~~
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, SCAT awns 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.
VVI~REAS, ECAT is willing to display such art pursuant to Artist/Gallery's agreement to the
terms and conditions herein.
CONDITIONS:
2. 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/Ga11ery.
Z. The art shall be displayed until such time as either Artist/Galiery or SCAT notifies the
other party of its desire to terminate the display. Upon termination for any reason, ArtistlGailery
agrees to promptly remove all displays from the Air Terminal Building and restore the same to
its condition preceding the Artist/Gallery'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. ArtistlGallery agrees to hold SCAT and Eagle County harmless for
any damage to property caused by the removal and storage of the displays. If Artist/Ga11ery fails
to pick up and remove stared or displayed exhibits within seven (7) days of the termination
notice or upon another date specified by ECAT, Artist/Gallery agrees to be responsible far the
cost of storage. Artist/Gallery agrees to be fully bound by all terms and conditions of this
agreement during the rime the displays are exhibited andlor 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/Galiery may provide artist information, corrtact
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 far approval prior to
exhibition. ECAT reserves the right to disapprove of submittals far 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. ArtistlGallery 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. ArtistlGaliery shall notify and coordinate with SCAT prior to installation to
ensure proper location of the displays} and to avoid disruption to operations at the Air Terminal
Building. All installation and removal shall be supervised by ECAT personnel. ArtistlGallery 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 ar arise out of such uses. ECAT shall not be liable for any loss of displays ar for any
damage to the displays resulting from any cause whatsoever, and ArtistlGallery agrees to make
na 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 ar she is fully authorized to lend the displays}. Unless otherwise notified
in writing by the Artist/Gallery, ECAT may photograph and reproduce the displays in its
publications and for publicity purposes.
4. 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 parry 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/GaUery ___
ECAT
Attn_ wid Seifers Attn:
P.O. Box 850 ~ ~~ 00^^ ~ ~~
Eagle, CO 81631 ~ ~ C?~ ~Q~
With a copy ta: ~ ~,~ ~ ~ 1 b
~~ Cv ~ ~pz6
~~~ -3213
Eagle County Attorney's Office
500 Broadway°
P.O. Box 85Q
Eagle, CO 81 b31
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 ArtistJGallery 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 documern.
ATIST/GALLERY AGREEMENT
I have received, read, and understand the above stated policies and guidelines for exhibiting art
at the Eagle Courny Air Terminal Building. I understand that by singing this document, I agree
to all terms and conditions herein.
G:ibryanlmisc\Art Airport Agrcetnent 3
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