JORGE MARIN, LTD.-2017 - Laserfiche WebLink

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The CITY shall procure and maintain fine arts coverage for any damage to the Artwork. Coverage shall apply to unscheduled fine arts in the CITY's care, custody, or control not to exceed a loss amount of one million forty-one thousand dollars ($1,041,000). The CITY will not be held responsible for loss resulting from a flood or earthquake. Coverage provided by the CITY shall remain in force and effect during the term of the Agreement and the cost shall be borne by the CITY. 8. At the end of the Exhibit period, ARTIST and a company approved by the ARTIST, noting that such approval from ARTIST cannot be unreasonably withheld, and CITY shall be responsible for packing the Artwork as directed by the ARTIST; and for reloading to the delivery container all items that are part of the Artwork, exercising the highest degree of care regarding security, handling, unpacking/packing and installation. CITY shall be responsible for paying cost of de -installation and delivery of Artwork to a yet to be determined location in, Santa Ana, California ("Delivery Location"). If the Delivery Location is unable to accept delivery of the Artwork upon the conclusion of the Exhibition Period or if ARTIST fails to take control of the Artwork immediately upon de -installation of the Artwork, the CITY may place the Artwork in public storage for the account of ARTIST or may retain possession and charge storage fees. CITY shall also maintain insurance on the Artwork during the storage period. The CITY shall have a lien for the storage fees and costs of insurance during the storage period against the Artwork. If the Artwork has not been reclaimed after thirty (30) calendar days from the termination or expiration of this Agreement, the CITY may retain and take ownership of the Artwork, or shall have the right and power to sell the Artwork at auction to satisfy the lien and associated costs, following the procedure provided in Section 3052 of the California Civil Code, or any successor statute. At any such auction, the CITY shall have the right to bid on the Artwork, as well as the right of first refusal to purchase the Artwork at the top bid amount. 9. If any damage to the Artwork renders the Artwork unsafe and otherwise hazardous to the public health, safety and welfare, then either ARTIST will restore the Artwork to a safe condition, as determined by the CITY in writing; or will remove or cause the removal of Artwork in accordance with this Agreement. If the CITY causes the removal (and subsequent storage) of the Artwork due to the failure of the ARTIST to act in a timely manner, as set forth herein, the CITY will be deemed to be acting on behalf of the ARTIST and at the sole cost and expense of the ARTIST. 10. The CITY will be responsible for the following: Travel costs for ARTIST and Curator for installation and de -installation consisting of coach class airfare and ground transportation, in an amount not to exceed $5,000.00. In addition, CITY will arrange and pay for hotel accommodations for ARTIST for three (3) days and provide a per diem to Artist in an amount not to exceed $70.00 per day. ARTIST shall use his best effort to attend the opening events for Exhibition in conjunction with the installation of the Artwork