Loading...
HomeMy Public PortalAbout2021.06.30 Artist Personal Property Lease Agreement - Going to School CITY OF MCCALL ARTIST PERSONAL PROPERTY LEASE AGREEMENT Artist leasing Art to the City of McCall THIS AGREEMENT is made and entered into this 30'h day of June, 2021, by and between the City of McCall (hereafter"McCall"), a municipal corporation of the State of Idaho, and Phil Wilcomb (hereafter"Artist"); WITNESSETH: Artist, for himself, herself, itself, or their respective heirs, representatives or assigns, leases to McCall, the personal property also referred to as "the Work" described on attached Exhibit"A". The term of this lease is for the period of 60 months commencing on July 1, 2021 and terminating on June-30, 2026 under-the following terms and conditions: 1. RENT: McCall agrees to pay Artist rent in the sum of$1.00 due and payable on an annual basis. McCall may choose to pay the rent for more than one year at a time as it deems prudent in which event the term shall be deemed to extend to the last day of the year for which rent is prepaid. 2. USE: Artist grants to McCall the right to display the personal property in its sole discretion. Further, Artist grants to the McCall and its assigns an irrevocable license to make two- dimensional reproductions of the Work, including, but not limited to, reproductions used on websites, in brochures, media publicity and exhibition catalogues or other similar publications. Artist also consents to the use, at McCall's discretion, of Artist's full name and Artist's own identifying photograph in any publicity or promotional materials produced for the Work, whether printed or electronic. Such consent includes placement of these items on any websites McCall maintains. McCall has the right to reproduce images of the Work for educational or promotional uses only. 3. MAINTENANCE AND REPAIR OF PROPERTY: Artist agrees to perform routine maintenance and repair on the leased property necessary to maintain it in as good condition - - - - as-the-same is-now-in; reasonable wear--and-tear excepted Risk of loss or damage-to the------ — leased property by fire, vandalism, theft of damage by the elements shall be that of McCall. The total replacement value of the work of art is $T vy"'. (Artist (or representative) signature, and date:) , L.(.U,Q,corvIlr, 0-�-04-2-o zf .) 4. WARRANTY: Artist has examined the personal property and is relying upon its own judgment on the suitability of the personal property for its intended use. McCall provides no warranty to Artist. 5. TIME IS OF THE ESSENCE AND DEFAULT: Time and the strict and faithful performance of each of the conditions of this agreement is expressly made the essence of this agreement. Either Artist, or McCall, may terminate this agreement within 24 hours written notice. The Artist may repossess the leased property after written notice to McCall. Page 112 Artist Personal Property Lease Agreement-"Going to School" DocuSign Envelope ID:425ED545-3473-4897-A23B-1AB318FE3F20 6. ASSIGNMENT OR SUBLETTING PROHIBITED: The Artist or McCall shall not assign this lease nor sublet any of the personal property to any other person except upon written consent of all parties hereto. 7. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 8. ATTORNEY FEES: If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. 9. SUCCESSORS AND ASSIGNS: Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and - inure to the benefit of the parties and their respective successors, assigns, heirs, and personal representatives. IN WITNESS WHEREOF, the Artist and McCall do execute this Lease Agreement the day and year first above written. CITY OF McCALL, IDAHO; By: llzlz�r /"Y,� Robert S. Giles, Mayor ATTEST- v2� BessieJo Wagner, City Clerk Artist, Representative, Heir, or Assign: Sign-yj�a� Print: Mo-v-l.6,,,, L ATTEST: Sign: yy f I r Print: /il� Uy LOA Page 2 2 Artist Personal Property Lease Agreement—"Going to School"