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HomeMy WebLinkAboutJORGE MARIN, LTD.-2017GQ �Qa 2 6 2017 O: CMO (/ ) Daniel Soto ART EXHIBITION AGREEMENT By and Between the Jorge Marin, Ltd. And CITY OF SANTA ANA N-2017-220 N-2017-220 ART EXHIBITION AGREEMENT This ART EXHIBITION AGREEMENT (this "Agreement"), dated for purposes of identification only as of fg ,eO/?(the "Date of Agreement"), is made and entered into by and between: Jorge Marin, Ltd. Alvaro Obregon 257 Colonia Roma, Delegation Cuauhtemoc Mexico, D.F. 06700 (hereinafter "ARTIST") AND City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 (hereinafter "CITY") ARTIST and CITY are sometimes individually referred to herein as "Party" and collectively as "Parties." RECITALS A. The CITY desires to mount a temporary public exhibition ("Exhibition") in Downtown Santa Ana ("Location") consisting of certain work titled Wings of the City ("Artwork") created by ARTIST, a description of which is attached as Exhibit A to this Agreement, and incorporated herein by this reference. B. ARTIST owns the Artwork and desires to lend it to the CITY for the purpose of the Exhibition. C. CITY desires to support the Exhibition by funding ARTIST's travel costs and other expenses as set forth in this Agreement. D. ARTIST warrants that he possesses all rights and authority necessary to lend the Artwork to the CITY for the Exhibition and enter into this Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND ARTIST AGREE AS FOLLOWS: 1. ARTIST and CITY agree that the Artwork shall be displayed to the public from October 27, 2017, through October 31, 2018 ("Exhibition Period"), unless extended or reduced by the CITY. 2. The Artwork must be shown in its entirety. No deletions or additions to the Artwork can be made without prior written consent of the ARTIST. 3. The Exhibition shall take place in Downtown Santa Ana, with some of the Artwork to be exhibited at the following locations: Artist Village Promenade, Spurgeon Promenade, Plaza Calle Cuatro, and along 4a' Street. These locations are depicted in the attached Exhibit B incorporated herein by this reference. 4. All reasonable care should be taken to secure and conserve the Artwork while on view and when in storage. This includes, without limitation, precautions against theft and damage at the CITY's expense and discretion. 5. All damage to any Artwork must be reported immediately to ARTIST. The CITY shall be responsible for filing any necessary reports or claims for insurance for any damage that occurs while the Artwork is located at the Location or in transit from the CITY for return to ARTIST after the Exhibition Period. 6. ARTIST shall cause the Artwork to be delivered to the Location on or before October 25, 2017, at a mutually agreed upon date and time. The Artwork may only be unpacked and repacked under the supervision of the ARTIST's representatives. The ARTIST and a company approved by the ARTIST shall be responsible for packing the Artwork as directed by the ARTIST; and for unloading from and 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. Upon the CITY's acceptance of delivery of the Artwork, the CITY shall bear all costs of installation of the Artwork at the Location. ARTIST will complete a condition report to the CITY, as well as provide a maintenance schedule, as depicted in Exhibit C and incorporated herein by this reference. In addition, the ARTIST will provide maintenance training to CITY personnel. The CITY, at its sole cost and expense, shall maintain and repair the Artwork and Location during the exhibition period. ARTIST understands that during the Exhibition Period the Artwork will be located in a location easily accessible to the public and open to the elements. The CITY is not responsible for normal wear and tear, acts of God or any weather related damage to the Artwork. CITY agrees to bear the risk of loss or damage, excluding maintenance and repair costs, to the Artwork, up to a maximum of the fair market value of the Artwork, as depicted in Exhibit A incorporated herein by this reference. The CITY shall not be responsible or otherwise financially liable for any accident, theft, vandalism or damage to the Artwork from any cause beyond what is covered by insurance. The CITY shall maintain a program of self-insurance against claims for injuries to persons or damages to property that may arise from or in connection to the Artwork supplied to the CITY but only with respect to the CITY's liability. 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 2. Installation costs; exhibition planning; promotion, coordination; crating and packing of Artwork, de -installation; transporting and delivery to Delivery Location. ARTIST shall submit invoices with the ARTIST name and title of the Artwork to CITY within thirty (30) calendar days of incurring the costs identified above and CITY shall make payment to ARTIST within thirty (30) calendar days of approval of the invoice. 11. The CITY represents and warrants that its facilities will be "ready for set-up" of the Artwork by no later than October 25, 2017. "Ready for set-up" means: on-site access to materials; full access to exhibition space for installation/removal according to agreed schedule; completion of any agreed-upon ground preparation; provision of agreed- upon security measures; suitable health and safety arrangements in place; provision of requested electrical; completion of garden/building maintenance and any agreed-upon construction, and rental of requested installation aids, such as lifts or dollies. Costs related to the Exhibition at the Location such as promotion, security, and public education, shall be borne by the CITY, and at the CITY's sole discretion. 12. Any printed or visual materials of the Artwork prepared by the CITY, including, but not limited to, marketing collateral, photos and press releases must have the prior written approval of ARTIST, which approval shall not be unreasonably withheld. Images, whether for publicity or any other purpose, may not be cropped into details or bled off the page, or printed in any single color other than black, nor may anything be superimposed on the image. Permission may be requested from ARTIST to modify this rule in advance of any such modification; however, ARTIST shall have full discretion to determine whether or not to grant such permission. 13. The CITY agrees to supply ARTIST with professional -quality digital images of a minimum of fifteen views of the Artwork, three copies of any printed matter produced in conjunction with the exhibition of the Artwork (bulletins, press releases, checklists, invitations, etc.), and copies of any reviews of the Artwork that may have appeared in the local or national press. The costs of supplying this photographic and other documentation shall be borne by the CITY. ARTIST shall have the right to reproduce any photographs or documents prepared by the City for any purpose whatsoever. 14. ARTIST maintains the right to all intellectual property and proprietary rights in the Artwork and any other incidental works made in the creation of the Artwork, including but not limited to, copyright, patent, trademark, trade name, trade dress, and all rights associated with the Visual ARTISTS Rights Act of 1990. The CITY may, however, take still photographs and video of the Artwork and use exclusively such still photographs and video in the promotion of the CITY. ARTIST shall be entitled to appropriate identification as the creator of the Artwork, including where appropriate, inclusion of ARTIST's Copyright ("© Copyright, date, Jorge Marin) and the following information; however, it is understood that the Artwork might be depicted as part of a global photograph or video in which the ARTIST may not be recognized: title of work, date of execution, medium, dimensions (height x width x depth), name of photographer The following should be included in conjunction with the promotion of Artwork on CITY's website and posted on signage at Location: Visitors are encouraged to take photographs of Jorge Marin's artwork. However, any commercial use, reproduction or sale, directly or online, of any images is strictly prohibited and may expose violators to civil and criminal penalties. No license is granted, expressed or implied to make commercial use of any of Jorge Morin's work. 15. CITY or ARTIST may terminate this Agreement at any time without the necessity of cause or Default by the any Party by giving sixty (60) days' notice in writing to the other Party. If the ARTIST terminates the Agreement prior to the expiration of the original Exhibition Period, then the ARTIST shall be solely responsible for any and all costs associated with removing the Artwork. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue in Orange County. 17. No member, official or employee of the CITY shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. (Remainder ofpage intentionally left blank, signatures on nextpage) N-2017-220 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA B 0� 7" G Rc rriek 6vvAia 7. Kurtz Interim Executive Di%tor Interim City Manager Community Development Agency Attest: Maria D. Huizar 4Y v Clerk of the Council Yv0A X91 JORGE MARYN, LTD. i By EXHIBIT A The exhibition Wings of the City contains 9 bronze Artworks created by Jorge Marin. 1. Wings of Mexico 2010 Bronze 450 x 330 x 259 curs. Weight 2000 kg $270,000 USD 3. Angel Perselidas Monumental 2009 Bronze 256 x 244 x 120 cros Weight 370 kg $91,500 USD 5. Split Monumental 2002 Bronze 130 x 200 x 53 cros Weight 170 kg $91,000 USD 7. Hombre Universal 2002 Bronze 223 x 215 x 55 cros Weight 220 kg $99,500 USD 9. Equilibrista 90 Monumental 2005 Bronze 127 x 47 x 130 erns Weight 170 kg $91,000 USD 2. Bernardo Oriental Monumental 2006 Bronze 240 x 260 x 100 curs. Weight 370 kg $99,500 USD 4. Archivaldo Monumental 2008 Bronze 240 x 260 x 80 cros. Weight 270 kg $99,500 USD 6. Abrazo Monumental 2006 Bronze 220 x 213 x 65 cros Weight 200 kg $99,500 USD 8. El Tiempo 2010 Bronze 185 x 240 x 170 erns Weight 270 kg $99,500 USD EXHIBIT B MAP OF LOCATIONS _JNIMInICfxSt d �' ,NPNMIM S,'. � h Quo r ql i I rtnch St w sat II r i i> o 6 air, g 165 i i � r Fr-ypp F- � ,yea p)sl.r,c� 00 n , y ,t MSD ugeon' pr" K , ppirm�+ N,[3uslh 160 �qql A X7■ ... 1 Y I - .x Mahol Stre !Stn, °� at •Malo SGee� ,: m , I , ASI hl 3NNISycumoretSl, � Nry,u reSh J nm �$ �1 1 r t ggg c M ppp t � z �IAA e, � �€ RFc » � • h _r VAR r y 1 +5 hJIBlrchl5tGe� N Dlrct o, .: �` '! � I'• I �.�'p ^. � ,,fie � �F � °�. � 4 �;•�\, �}, r 1Ak8 Vk • `v EXHIBIT C MAINTENANCE SCHEDULE Maintenance for Sculptures with Green Paint (every 3 months) • Remove dust with a soft -bristled brush Maintenance for Sculptures with Brown Paint (every 3 months) • Clean with a cloth, flannel, or similar tool to remove dust • Use a brush to apply neutral wax (similar to wax ordinarily used to clean shoes), reaching all corners • Gently rub with a cloth, flannel, or similar tool Maintenance for the Sculpture Wings of the City (every 6 months) • Apply wax to the joists that are part of the frame • Apply WD -40 or similar lubricant to the screws of the wings • Apply wax to the frames of each piece of cement that compose the platform • Retouch the painting of the platforms with "Steel gray" spray color.