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AG 17-146CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: c11Vcc 2. ORIGINATING STAFF PERSON: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ' OTHER ow\e_c A A( EXT: AcIL 3. DATE REQ. BY: G, RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: L€ A AyeAreatAW MAVe-- Ak 9k - /Jw f & kf - V.3 6. NAME OF CONTRACTOR: ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: p4.,SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: U\ P teSxk 1� COMPLETION DATE: vOqU,aiLi a© 1� 9. TOTAL COMPENSATION $ NIA (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABO CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / D TE REVIE ED • g COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED 20 Sep,► 2.01 i' f 9I 1 b i 1''' AG# 1i -1 t DATE SENT: 0/ Ai- 1 /1A17 CIT OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cilyoffederalway.com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Qv01 At k t S 50(1 ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: C r d 1 pd r Address: 1e) 1 61,L ,,,,t r &q qg3 D- oK Co 5 Telephone Number: -5 3 006 Email: co-- 0 A. B. CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. 1 LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway. com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Tenn, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www dtyoffederalway com 16„ Federal Way IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jti Hutton, P Director DATE: .7 46`/7 ARTIST By: Printed Name: DATE: 3e1p -t- / adk;5 an) ATTEST: erk, Stephanie Co y, CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) / On this day personally appeared before me, Cft.VD' C �� \F-5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this \ d �PO)/ 2017. typed/printed name of notary) Notary Public in and for the State 9f Wpton. My commission expires L ( 141 LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 4., Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com ,014, 2. F/ oe5 ( te) 2. &) De LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement" is made between the City of Federal Way, a Washington municipal tka corporation ( "City "), and 1 ( "Artist "). The City and Artist (together "Parties") are located and do business at the below aresses which shall be valid for any notice required under this Agreement: ARTIST: Name: 4- Address: zd 4LL,s»j if r Telephone Number: 2 5PS 92 7 _6ltgg Email: ketryrri p CG vvi CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 w wv eityoffedera/way com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: GY/z G /I-7 ARTIST By: Printed Name: DATE: rs Ili `Sm'./ ./'/ 3 //'? ATTEST: Ci lerk, Stephanie Cou y, CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, \A a c rLA S o n , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 8 day of 62C--- 2017. TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON COMPASSION EXPIRES OCTOBER 11 2017 b(4 $ (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 10 LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 Federal Way EXHIBIT "A" DISPLAYED ART WORK Art Work Title: 1. Artist's Valuation: 1. Art Work Title: Artist's Valuation: Ni4g���� 'L f CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wwv cityoffederatway com 2. /-gIL'%) S 2. /0CL, LOANED ART AGREEMENT — Multiple Artist 4 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www c,tyot7ederalway corn LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement • a eemen ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and TALC M.L0.2 ,; / ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below a. dresses which shall be valid for any notice required under this Agreement: ARTIST: Name:Ct. (1t/ Address:-3(9 ( ( -\ vv.,, USA (18 60'2— (VIA -soIN CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) Telephone Number: (253) 835 -6929 (facsimile) Email • L. �_� _ ..�� a1 \� t • . bo.du @cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 4/2017 CITY F O Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www criyoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 T CIY OF �...., Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY JolIutton, Parks Direc DATE: ARTIST By: Printed Name: DATE: 1\140Voisim 19\eA 1/) Un - STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, ATTEST: C k, Stephanie Courtn MC APPROVED AS TO FORM: City Attorney, J. Ryan Call L- Pootriasuil tome known to be the individual described in and who executed the foregoing in trument, and on oath swore that-ht that-executed the foregoing instrument a i /tlicii free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 15 day of gyp,T TH4' 9Ii ;o r • :V wr • l i b OF, WASH ��`�.• 11111\1 \ \ \ \‘‘ 2017. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 011- �.WL6 LOANED ART AGREEMENT - Multiple Artist - 3 - 4/2017 Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. 2 2 ,OO CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 2. /2 12-5 o� LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreeme "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and marts t. \ - ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: S00 n Address: MO I leS u Telephone Number: @1D 6,7q- / s 3 Email: GLQm7 U C q / 1, re-N6 CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Vecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 WWW ciryoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. cilyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: LItl 11.4I1,r Jolmutton, Parks - ctor CiTPC1- rk, Stephanie Co , CMC DATE: 9/7,6/, ARTIST By: at Printed Name: Wie T Polf_Lo DATE: Voir VD) I- APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, \AZ- ,nyVv._ SiS'Q.,II , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that hzfsholilterexecuted the foregoing instrument as-444/her/free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this ' of g Q kQXh 2017. ,,\\‘‘‘"," H T +, Ue stoN i, �o 4). 1, (typed/printed name of notary) y ° _ «= Notary Public in and for the State of Washi gton. u,'% A�s`�c, "z _s' My commission expires It) y),,,l,7pa09;, �0 ' /ll,aoU%WAS�`�. LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 CITY OF 4°NSk.., Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. Yl-YZ°S-f' CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederaiway corn LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 CIiY OF ti Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Tjll E 1Ia k 6(e_ ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: k) Lie 161 P? Oir Address: (n 7%(0 Eastsrok j r- NV 98J ?.? JS-f� -�cv3 6 1/ 9i - ,aqq ce)) Email: t blatp (.tarn c v►S t, i e-i' Telephone Number: CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist 1 - 4/2017 �► PIN ecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 11 2017 .caw CITY OF CITY HALL '∎._.. Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cilyoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: ARTIST By: ATTEST: C A' ,SAL 1 rk, Stephanie Cou •I , CMC APPROVED AS TO FORM: /24„..t. City Attorney, J. Ryan Call Printed Name: &% f.04. o 'Y e e S DATE: C-D.9A 1 3 oZ ©l 7 STATE OF WASHINGTON ) COUNTY OF KING ) ss. cur On this day personally appeared before me, - laifie. rnoi n • VlusicA. QO , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of S ory - 2017. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 10- 1.L-1-1 LOANED ART AGREEMENT - Multiple Artist - 3 - 4/2017 CITY OF �.... Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. 1. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 tvww cityoffederalway com 2.J v �h ��� 11• 2. e—t' LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement "Agreement ") i corporation ( "City "), and located and do business at the below addresses whic ade between the City of Federal Way, a Washington municipal Q a, ( "Artist "). The City and Artist (together "Parties ") are shall be valid for any notice required under this Agreement: ARTIST: 0 V14 C les s �a U \4ss E Telephone Number: 3 (oC) a 80 ` 7 ((o 1 Email: ruXancLackp<e3 �;Co�'Y1('gS�'- j_ Name: Addr CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works ofart described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 CIT Y OF L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 WWW cityoffederahvay com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Tenn, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 CITY OF 4*. Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. ciryoffederalway: com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY i Vutton, Parks ' l irector DATE: a /2G /l 7 ARTIST Catae2A---)' - B Y : i �• o.41 GL, Printed Name: cU G Vl A Cap �PS DATE: Z-(. J f 5, c2. 11 ATTEST: 1 rk, Stephanie Cou APPROVED AS TO FORM: y, CMC City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, 1/',/\ GlaV\ C o 1 cc , to me known to be the individual described in and who executed the foregoing instrument, 6c1 on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this t* day of kd 9e-Nr 2017. E. R S 2�� mA''% v't� ", CAI oliw•N‘ t , ed/ ,rinted name of notary) oz ' No 'ubh and for the Sta of Washington. �► ��` y► 319 q _ My commission expires t°1 �� r III LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 Vecleral Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. crtyoffederalway com 1. 2. ?ac SW(' "� 2. 349' LOANED ART AGREEMENT — Multiple Artist 4 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cttyoffederaiway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and A9 h 'tef ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses fvhich shall be valid for any notice required under this Agreement: ARTIST: Vet Name: 4 / gip, / y e Address: . t 73 DX / 3 S ? biz 1.1 ( 11 1riq/ Telephone Number: 2.0 6' 7 f 9L t Email: Qri /14 erj {5- ,toL, c ti7 CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist 1 - 4/2017 44 °A■ • Fecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 wvww. cityoffedera!way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY John Hutton, y` ks Director` DATE: ARTIS B r " Printed Name: '9n ' �� 69,esy 1 49- (343 zp DATE: ATTEST: C .f CI rk, Stephanie Court CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his /her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this (3 d �,�,Y N N C4 14, i In co 3 • y y 1 V11 4 t 13 0G p 2017. (typed/printed name o notary) Notary Public in and for the Statc of Washington. My commission expires '1! Zi) )ZO1t LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 -A■-• FY �d a ra I Way e Art Work Title: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederaiway.com 1. A y of -r ,al 17,1.1 Artist's Valuation: 1. k/ U 0, Art Work Title: Artist's Valuation: 2.1- 7'CkGs 2. CVO, LOANED ART AGREEMENT — Multiple Artist - 4 4/2017 Aliks Vecieral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement" is rnade between the City of Federal Way, a Washington municipal corporation ( "City "), and L!l/ U1` �UO�� ( "Artist "). The City and Artist (together "Parties ") are located and do business at the beloy� addresses wljch shall be valid for any notice required under this Agreement: ARTIST: Name: OUv'° E dr/1 Address: /14 CSVr1- 14- L , Telephone Number: cI J G- 3 G7-3 q ft C Email: le , _1 oo r /r 44% CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 �► F'ecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffecleratway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 44*..., Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. crryoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: John on, Parks Director Ci I7 1-rk, Stephanie Cou CMC DATE: '9 /ZG be-7 ARTIST By: (9047 Printed Name: Lei v, L� i DATE: II 11 APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this day personally appeared before me, 0 0 VAC C; q- ok✓ L , to me known to be the individual described in and who executed the forego* instrument, a d on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this Oti, i ru 2 3 -19' v i Op W Ag�?. k9-11) day of $Y 2017. 1 I IngEtTiarnei typ • nted name of notary) Nota • ' ublic - and for the St�te of Washington. � My commission expires 1' 19n.)1 LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 Fecferal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. et "4(E CI- 1 . . /go CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 w cityoffederalway com 2. O/e 1 tA, 2.' I -2 0 LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 CITY OF �.- Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederaiway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement" greeme �t "),is de between the City of Federal Way, a Washington municipal corporation ("City"), and � � C W�`IV ("Artist"). The City and Artist (together "Parties") are located and do business at the beloj' addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: (1) L.A Address: hd 6 S t A A/D S'T F- 11) 9 Telephone Number: aZ,5 3 . Y — 0 d Email: i ' fQ ( a ©. ( CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist 1 - 4/2017 L Federal CITY OF Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 Www cityoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 V•cieral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ciryoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY John Hon, Parks Director DATE: ARTIST B 1 b7 nted NamefD / tC/( 1l1 l] DATE: 9/ `-//7. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: erk, Stephanie Cou r , CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call On this day personally appeared before me, -1-1;4t (1 a,V�L'` 1vak- , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his /her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this t ,In day of C-7 2017. � E 414 ..�,1 tali 1. i s 0 t'+'►� , . I printed name of notary) Na t , Pu • in and for the S ate f Washington. ■ Aste,abi•set q p� = My commission expires 0- [C? 46) ',/„ Op WASH \. LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. 6 0 " CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cityoffederalway com 2. Q/s-) 4 \ rE JodU 2. LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 CITY Of Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederaiway corn LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Ci s w ( "Artist "). The City and Artist (together "Parties ") are located and do business at the addreshich shall be valid for any notice required under this Agreement: ARTIST: Name: Address: 31 67 S—yv y/D/ G{1e4, kt-V9 Telephone Number: 7.6 3 - 3go v. 37 (p Email: CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 4.46&_ Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 snaw atyoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY . /utton, Parks Dir DATE: /�1� 7(7 ARTIST By: Printed Name: DATE: ?/13),--) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: C (f C1-rk, Stephanie Co J CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing st i ent, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this l 3 day of S- e-Oenry 2017. TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON CO/MISSION EXPIRES OCTOBER 11 2017 6 r 6 G4--cr- (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 4Lik. Vecleral Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederaiway corn 1. _nrita4 /jed I7167d5 1. /5-6'° 2. )J-It W6ucLs 2. 25-b-6° LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederaiway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and kov y -01- C%ew't ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shaall be valid for any notice required under this Agreement: ARTIST: Name: Aa.-ti GI Id (.� 1 - M )bpi Address: 431 south 9rye of �CCow,a u)q R8418 Telephone Number: )S3 - 302 - G 4 57 Email: Kai 2 3 f d ietre . (0 /7? CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 44kle'i Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 14014,W cityoffederalway corn 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Precleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835 -7000 www cityoffederalway: corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: 1 4-4 t/7 ARTIST By: .7 t(% it Printed Name: Q t- DATE: 9/3/20/7 ATTEST: erk, Stephanie Courtn APPROVED AS TO FORM: City Attorney, J. Ryan Call CMC r STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, al,t , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 0AARSkitlp , 0 RPy �u'vr� S ', ,C., : 41. Of Illk day of i,'ti110 eNr. 2017. limivimoitimrodirgg' it A printed name of notary) Nory Public in and for the S ate f Washington. My commission expires fib if)) r%' LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. l(,hhil-e /ni(j h M 1. $1, Odb,00 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway com 2. tt)iie, rfa 1 k I- 2. '/1700,00 LOANED ART AGREEMENT — Multiple Artist - 4 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement " •s made between the City of Federal Way, a Washington municipal corporation ( "City "), and c,IL�lr1 Gvr\Sth ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: Address • q5-4 ().Y.A.(75- Ic(b9t3 Sci 0 t CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) Telephone Number: I i _ _i M , / (253) 835 -6929 (facsimile) Email: �.e l CJ+ ` fl. bo.du @cityoffederalway.com V A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT – Multiple Artist - 1 - 4/2017 F ** Federal CITY OF Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: /1 G /�'"1 ARTIST Printed Name DATE: Gil li1wi1 STATE OF WASHINGTON ) COUNTY OF KING ) ss. ATTEST: Ci C1-rk, Stephanie Court 4 , CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call On this day personally appeared before me, }-2%e \--\-0. sr sate , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 3 day of 5,e. . rn bjz c 2017. TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 11 2017 a7 to rit (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 1 O -11— 11 LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 CITY Of ,t Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. crtyoffederalway com 1. clpru:hi bOoPY)/6 1. t3o 2. 2.SV LOANED ART AGREEMENT — Multiple Artist 4 - 4/2017 ACITY OF .„.• Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and iP42XIpQJ2 , VADL1AL‘t ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: Q Vl e Address: / ' - 4 - ' 5 - /D *' Ave 5. Lc' T L7 2 A, k)c-L cl 4.4p Telephone Number: of (o 09516— S//2 Email: re-vieelUmn) . CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 4411•._, ary oc Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist 2 4/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cnyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Johnitton, Pa s Director DATE: ARTIST 97 b/ 7 By: Q� 7la Printed Name: YAW/a& DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, ATTEST: erk, Stephanie Co APPROVED AS TO FORM: City Attorney, J. Ryan Call y, CMC , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore thatefsheexecuted the foregoing instrument as 13is her /hcirfree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this 9 day o , 45,1 "4011,-11114. `OON E,1".',,, /� s- l�Rr'0y.�'�,,� ,� (typed/printed name of notary) ,0 � o Notary Public in and for the State of Washington. • A U S � ; 4 "p V I y commission expires \,V 9 - tb'Zf) :/,,),OF wpSY` c�:i ItV!4\.1e.'i. 2017. LOANED ART AGREEMENT - Multiple Artist - 3 - 4/2017 CITY OF Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. cityoflederalway com 1.TF6so711i 7 -- (f 1. 2. 2. 7tflg 7' z E IS fC ✓tt— Dr-) FeeikalAJ LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 4`44.-■ Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederaiway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and iyv4 O Votm ( "Artist "). The City and Artist (together "Parties ") are located and do business at the belovv addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: / G ig � � • i, -15 ✓ " Address: H1 L1 12.C5Sor 1"e) /iv Q j'1Q- ? -kn1hl w cts05C( Telephone Number: 'LC7�.6 • ZS 0 . a I (o 'k ' Email: '1'K 1 e s L-10 -j Q h co . CG ty CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo. du(a� cityoffederalway. com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. I ndependent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crtyoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: utton, Par , . i hector ARTIST By. TV? -4//7 Printed Name: DATE: --- ATTEST: L/ALL.:I Ci l rk, Stephanie Co , CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, \ N. N:\W\ VIX 60 , to me known to be the individual described in and who executed the foregoin instrument, and on oath swore that-he /she / executed the foregoing instrument as-iti-s/her/therfree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this \1511- day of P �`Q�(�/�\N 2017. ��� ‘4;4‘14',::T:7:11,"#‘-‘41101114// __�` 07 Fh' %, �, (typed/printed name of notary) �'` p"`' Notary Public in and for the State of Washington. +1.�o i 1 m My commission expires I t U -U �/e i 1, r , / 'AAN"I'?`09Zp�'k Z ill' si;to WAS0`�_� �1 LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 • 41.1%.‘ Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com 1.6hc) e}- 2. CC4 vt L1U0 PO U 2. 330 °v LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 Federal CITY OF Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederatway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement "Agreement") i corporation ( "City "), and located and do business at the below addresses which s made between the City of Federal Way, a Washington municipal ( "Artist "). The City and Artist (together "Parties ") are all be valid for any notice required under this Agreement: ARTIST: �,/� S Fleur rt/lc. 611.(4.e (I 12`CS J4 f✓✓wi -t1 .c�1�( 3Z( kr. `iSoc z Name: Address: Telephone Number: 2-2- G y 74 7 Email: . me aJir.clt c y a,l•coi._ CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 4/2017 CITY OF '�...... Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 1414,14/ cityoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY John Hi'6n, Parks Di ctor DATE: q% ill ARTIST By: /OP1 Printed Name: 31, Y(Wt 11/44 6YVAA) 4 0 \ 3 , 2q DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, ATTEST: /) Ci ' 1 rk, Stephanie Court APPROVED AS TO FORM: /24,44 Pe r' City Attorney, J. Ryan Call vun VARkanna,li , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that- 13efshefthey executed the foregoing instrument as itisfher /Theirfree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this \S •%\'`‘‘"•1‘101, � +T SwN t'i,''�y / s = O4 +A � R. - (typed/printed name of notary) day of 2017. cn % A ' " �' 'Notary Public in and for the State of Washington. i .+' z vet." - M %� =gip _ y commission expires �d iel-tato , WAst ���t.0.4 LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 Federal Way EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederaiway com Art Work Title: 1. 1^ +a of el " �ivi, 11.4 -1 Artist's Valuation: 1. It yb 0 Art Work Title: 2. U (eel e Artist's Valuation: 2. 2f S 0 LOANED ART AGREEMENT — Multiple Artist 4 - 4/2017 441*■■bb Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederalway corn LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and I ((AA MJLtu ( "Artist "). The City and Artist (together "Parties ") are located and do business at the elow addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: D1.ANA A E AK 5 Address: /moo ( t / 3 c Ave E t..01Ai Lu - 374 Telephone Number: 56 3 413 1 1.3 5 Email: . _I wk r a r 5 ,�, � � I , � crk'', CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Vecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wtiwv cityoffedera)way com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 - 4/2017 CITY OF ��..., Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. cilyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY •.•l'utton, Par Director DATE: 1/Z-6 (` 7 ARTIST By: 41 • Printed Name: AA/A L . A K_ j DATE: -3cir ATTEST: if) L .1t edLA e% CiPCl rk, Stephanie Courtn MC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, lT anal- rn ► ' 1e.Or5 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his /her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this `3 TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON ONION EXPIRES TOBER 11 2017 %ft— \pe,r 2017. ro cart), (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires i c -1 -ao I-1. LOANED ART AGREEMENT - Multiple Artist - 3 4/2017 CITY OF ..., Federal Way EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wwww ctyoffederalway com Art Work Title: 1: r k e fju Y A f ; /3k s 11 it Artist's Valuation: 1. 11 G Art Work Title: 2. S0 r a y G v Artist's Valuation: 2. 3 Sc) LOANED ART AGREEMENT — Multiple Artist 4 - 4/2017 �Fecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederaiway.com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and t k K_P MoOCL ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: WAcy Hoc Address: 'Li 3 2, . W . `3l 44-1" Leher`z W �y w A Y2.'7 Telephone Number: 2 -tf5 191 -�5yC.) Email: Sea--pz.)( iuv ,, •-■t , c O\ CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 411k. V‘ecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 CITY OF '�....... Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 iwww cityoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jof<Iiutton, Pa i s 1 irector DATE: 4/L 6 /! % ARTIST By: Printed Name: '-)\ \SE 1-1 OG DATE: Ge k- t`�1 . l3 , 2Q STATE OF WASHINGTON ) COUNTY OF KING ) ss. ATTEST: C 1 rk, Stephanie Court. CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call On this day personally appeared before me, J\j. (11 \ kA Q0)1 , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this I day of c:t FkuMb w 1 '1 _% Tis printed name of notary) • . in and for the Sate of Washington. My commission expires 0 L`, 2017. LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 CITY OF Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. FAQ 1. ,°0 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiway com 2. f � 0 2. , (DCh LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 Vecferal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and A L • sad It • a WAIL ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: Ail, E p Re-4/014 Address: R ( 9 33 L179�16 � g3 5 L Telephone Number: 0Z5,6 ` &W 3 99 6 Email:sad,N4awe, /Qd,JJ C�Qom'i /,C'OM t/ A. CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 m*t*Ikkit&... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 v ww cityoffederalway corn 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www.cilyoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jol'Iutto ' : s Director DATE: 7774 //7 ARTIST B Printed Name: A, (cti?t 4,241c6- ) DATE: ; /3) 40/7 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: C 1 rk, Stephanie Court CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call On this day personally appeared before me, AL, -S T IL ' (ALic N to known to be the individual described in and who executed the foregoing instrument, and on oat swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of le*L10€4/ 2017. (t 1' Notary ` u 'lie in and for the State of Washington. 1-1/ 20 ed/+rinted name of notary) My commission expires LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 4-44-• CITY OF ederal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn 1. yt, 7:ozaJ5e1)U / 7 / PvA 1. 96,,ro 2. 2. LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 La ww cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement" is made between the City of Federal Way, a Washington municipal corporation ( "City "), and t ;C v� L�C.?C� , _ ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: (5GL() Ad Telephone Number: 2s3- 033- b�Sg�7 Email: 43' YQ.r`x t S U s a44 62eC JVIUt L IC CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333'd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du @cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Tenn, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Peclerai Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no/100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Tern, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and /or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties.. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 - 4/2017 411k CITY OF CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtvoffederafway corn Federal Way IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY utton, Parks ir- DATE: 41'..-1../f 7 ARTIST STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) /'_ On this day personally appeared a eared before me__ 'g.''4',.; L 6 A- -- , to me known to be the individual described in and wh xecuted the foregoing instrument, and on oath swore that h (s —e)hey executed the foregoing instrument as hi her /their free and voluntary act and deed for the uses and purposes therein mentioned. f. I) % r__ 4 2017. GIVEN my hand and official seal this f� l " day of � SIR R/7.', r , +��gg1ON !4 r 1 /ii _ /(typed /printed name of notary) :4" " c.) "' ` ti'' 5. Notary Public in and for the State of Washington. SNom' ,�� s0soc 0``,�Ye My commission expires r- i �/ - ?-0 "7), 1.,,, r,,41 l % .' r �i/yff0 ;WAS�. ATTEST: Ci ,� .1, rk, Stephanie Courtney APPROVED AS TO FORM: City Attorney, J. Ryan Call 11�t12 i T!7 LOANED ART AGREEMENT – Multiple Artist 3 4/2017 CITY OF Federal Way Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK ..obtdeo Art Work Title: 2. Artist's Valuation: 2. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 ww w crtyoffederahvay corn LOANED ART AGREEMENT — Multiple Artist 4 4/2017 � Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and /11 61-4161 Ai E El. /.c y ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall/be valid for any notice required under this Agreement: ARTIST: Name: 1144,4/F., S1 ELF Address: 81,A I P4 e!}m p I, ti 1= n./ ti r -i c° //3- tv , t c) 2 o 2z. Telephone Number: v` ?5-3 — 7 97 — Email: t" 4-YYt S h , . 1 y /h s A / • ec >/19 CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4th, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Pecieral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www ciryoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: !1avI■ utton, Parks or ARTIST 4g72 6/(7 Printed Name: DATE: /��y.PG�EhF�le/ ; 7/7 ATTEST: C erk, Stephanie Courtne;' MC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, 1 L S , to me known to be the individual described in and who executed the foregoing instrument, and on Vath swore that he /she /they executed the foregoing instrument as his /her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this _ NN Cc rittf s ?p out,. tie's iv •• . - S i (PA .4418‘.\( O 1tWA5e `�````� 1y day {4-■ 2017. 1 it a %IMAM o�-+ -- (typed/printed n. me of notary) Notary Public in and for the State of Washington. My commission expires LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 Federal Way EXHIBIT "A" DISPLAYED ART WORK Art Work Title: 1. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiway. corn Wi vi1 -e-r 1-14 Artist's Valuation: 1. Art Work Title: Artist's Valuation: 2. V Id Ma-0 (A)[1i,f4 2. 4-(G TD LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 -4.44LI■ �Fecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffedera/way com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "A eement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and com' @-e— ¶tl ( "Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: Jur+e'f%e S+, IfS Address: 3110 691S? okcu.a — es,oka,v)ti (1Palo4 Telephone Number: 13- ( flS�I Email: 5.1-11escoj (ec i t ) fi r boy n et C CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`", 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wwav dtyoffederahray com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cftyoffederaiway. corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY utton, Parks Director DATE: 7117 ARTIST By: 04,Wre.,/t(e51-C613.■' Printed Name: e /''f • Stdks DATE: 7 /1312o1 7 ATTEST: Ark C Cl . rk, Stephanie Court CMC APPROVED AS TO FORM: City Attorney, J. Ryan Call STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, V1 I'!- C-A\ e' , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the foregoing instrument as his/her /their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this PD'I` day of is - • printed name of notary) N.. Pub • in and for the S ate f Washington. My commission expires 097 L VI LOANED ART AGREEMENT — Multiple Artist - 3 4/2017 CITY of .ti Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www c,tyoffederalway com 1. "Oeintii Sec13 ISjs cn . t Park. 1. /5 imp° 2. "C.vkseke .r SW _ " 2. $‘.700° —° LOANED ART AGREEMENT – Multiple Artist 4 - 4/2017 4 CITY OF '�.* -, Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www cityoffederalway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and J 4t.,()4 ejQvte/fila'Artist "). The City and Artist (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: Ad Telephone Number: Email: B. CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist/Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 CITY F '�..., Federal O Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederahvay com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Damage to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist - 2 4/2017 V CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: 9tl G //7 ARTIST By: Printede: Jlh OW S160 if ki"(4 /i) ^j DATE: Q/ C 3 //r STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Cit 1 rk, Stephanie Courtn APPROVED AS TO FORM: City Attorney, J. Ryan Call CMC On this day personally appeared before me, VZOYNArt, , , o \N.` nY\ , to me known to be the individual described in and who executed the fore oing instrument, and on oath swore that- itefshe /thcy cxecuted the foregoing instrument as ter /thetffree and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this t961. day of 2017. •� NAT Tygci,�/ s^ sc> . � T1 3 AUBL\G O Op WAS‘Ar (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires \u"Oai C) LOANED ART AGREEMENT — Multiple Artist - 3 - 4/2017 CITY QF '�._. Federal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. ajl7i'.(.I� 1. 4. 6-00 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway corn 4r-k- 2 c4426. 2. ` z0( LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017 CITY Of ti FederaIWay CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiway com LOANED ART AGREEMENT FOR MULTIPLE ARTIST /JURIED ART SHOW This Loaned Art Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and \(\'Q.0 ( "Artist "). The City and Artist (together "Parties ") are located and do business at the loly addresses which shall be valid for any notice required under this Agreement: ARTIST: Name: J v C ; Address: - -3 -∎, Lr mL , v R% y 1 Z Telephone Numper: k-k3 - 35 T Email: \ 1 Q y-A Q-e. rck J ( L , C v-1 CITY OF FEDERAL WAY: c/o Bophary Du 876 South 333rd Street Federal Way, WA 98003 -6325 (253) 835 -6928 (telephone) (253) 835 -6929 (facsimile) bo.du@cityoffederalway.com A. The City is interested in borrowing works of art to display at City facilities for the benefit of its citizens, and B. The Artist desires to loan certain works of art to the City. The Parties agree as follows: 1. Loan of Art Work. The Artist hereby agrees to loan, at no expense to the City, the works of art described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Art Work "). 2. Delivery. The Artist shall be responsible for the transportation of the Art Work in connection with its delivery to a location specified by the City and the removal of the Art Work upon the termination of this Agreement. 3. Display. The City may display the Art Work at any City facility or any location where the City determines that such display will directly benefit its citizens. The location of the Art Work within such facilities or locations shall be as designated by the Mayor or his or her designees. The City agrees to pay any reasonable costs in connection with hanging the Art Work. The City shall select the person or entity to perform such hanging services. The City may remove the Art Work from display at any time, for any reason, in its sole discretion. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until removal of the Art Work, which date shall be no later than January 4`h, 2018 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Artist may cancel this Agreement only upon thirty (30) days prior written notice to the City. 5. Independent Artist /Conflict of Interest. The Artist agrees that he or she is an independent contractor and that the City shall be neither liable nor obligated to pay the Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. LOANED ART AGREEMENT — Multiple Artist - 1 - 4/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www. ctlyoffederalway com 6. Indemnification. The Artist agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Artist or its agents or by the Artist's breach of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Dama;ae to Art Work. In the event the Art Work is damaged, other than by normal wear and tear, while it is in the possession of the City, the City agrees to pay the Artist for such damage to the extent the City's comprehensive general liability insurance covers such property damage, less any deductibles. Concurrent with the execution of this Agreement, the Artist shall provide the title, a detailed description of the Art Work, and a statement of objective value of such Art Work, preferably to be accompanied by an appraisal. For Art Work valued at greater than Twenty - Five Thousand and no /100 Dollars ($25,000.00), the Artist hereby agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, damage to art work, losses, actions and liabilities (including costs and all attorney fees) in excess of $25,000.00 to or by any and all persons or entities arising from, resulting from, or connected with this Agreement. At the end of the Term, the Artist shall examine the condition of the Art Work. Artist's acceptance of the return of the Art Work constitutes Artist's agreement that the Art Work is in good condition and waiver of any and all claims against the City. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Publicity /Promotion. The City shall have the right to publicize or promote the Art Work in any manner. All publicity and promotional materials, including, but not limited to brochures, press releases, programs, posters, public service announcements, fliers, and advertisements shall be designed, written and paid for by the City. The City shall have the right to photograph or otherwise reproduce the Art Work for any reasonable purposes, including record keeping, and such publicity and/or promotion. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. LOANED ART AGREEMENT — Multiple Artist 2 4/2017 CITY OF .�.. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cilyoffederatway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY : cFederal Way Art Work Title: Artist's Valuation: Art Work Title: Artist's Valuation: EXHIBIT "A" DISPLAYED ART WORK 1. i1 ∎I \mil 1. CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederalway cam 2. ��a ,0 2. 1� LOANED ART AGREEMENT — Multiple Artist - 4 - 4/2017