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Home My Public Portal About2009.10.12 Zella Bardsley Personal Property Lease Agreement ArtCITY OF MCCALL PERSONAL PROPERTY LEASE AGREEMENT Artist leasing Art to the City of McCall. THIS AGREEMENT is made and entered into this day of�/� 2009, by and between the City of McCall (hereafter "McCall"), a municipal corporation of the State of Idaho, and 7-6/4.,4 ,0A-AASty (, hereafter "Artist'); WITNESSETH: Artist leases to McCall, the personal property described on attached Exhibit "A". The term of this lease is for a period of /2 (weeks) Cri-onths) commencing on /D�/2 /Zee? and terminating on /0�/2/Zo/0 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. 2. 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 $ /6f . (Artist signature, and date: , 9-210, Artist) (� 3. 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. City provides no warranty to Artist. 4. TIME OF 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 with 24 hours written notice. The Artist may repossess the leased property after written notice to McCall. 5. ASSIGNMENT OR SUBLETTING PROHIBITED: The Artist or McCall shall not assign this lease nor sublet any of the personal property to any other person. 6. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 7. 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 Personal Property Lease Agreement Page 1 of 3 party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law. IN WITNESS WHEREOF, the Artist and McCall do execute this Lease Agreement the day and year first above written. CITY OF McCALL, IDAHO; ATTEST: BessieJo W' h', City , erk Artist: Ze/% By: ATTEST: Personal Property Lease Agreement Page 2 of 3 STATE OF IDAHO ) : ss: County of Valley ) On this day of mil' i , 2009, before me, the undersigned Notary Public, in and for said State, personally appeared Bert Kulesza and BessieJo Wagner, known to me to be the Mayor and City Clerk of the City of McCall, a municipal corporation of the State of Idaho, who executed the within instrument, and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 10oT,� itcA I Notary Public f4,. �. ... / '�•��' x : Commission Expires: 4V �i c)c)" GeLIC ,i Residing at: McCall, Idaho STATE OF IDAHO ) 0. : ss: County of V- ) On this 2 _2 day of S.e i,�.e,,..„ joy , 2009, before me, the undersigned Notary Public, in and for said State, personally appeared � a, R a, d s 1 �y and A/ 1 79- , known to me to be the and (Address)., who executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) fit, Public for Idaho ommission Expires: tp ! 3 01 // Residing at: IvleCall7klitho 0..4:4. , T0.1. - Personal Property I.exsr Agreement Page 3 of 3 Zella Bardsley McCall Art Walk Proposal Title of Artwork: "Stalactites" Materials: Steel, Copper Artwork is covered with a marine varnish. Dimensions: 48" diameter x 9" deep Method: Welded Steel and Copper details are textured with weld, grinder and heat colored with a torch. View angled from the top. Interior Detail Interior Detail Installation Needs: I would need access to electricity on site to weld the piece to its base.