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Ken Barnes 10/25/2019
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Ken Barnes 10/25/2019
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Last modified
10/29/2019 9:19:05 AM
Creation date
10/29/2019 9:18:45 AM
Metadata
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Contracts
Contractor's Name
Ken Barnes
Approval Date
10/25/2019
End Date
11/1/2021
Department
Administration
Department Project Manager
Carol Thomas
Subject / Project Title
Sculpture at Evergreen Arboretum
Tracking Number
0002033
Total Compensation
$1,000.00
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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8. STANDARD OF CARE <br /> The City shall take care of the Work as it would any other City property at a similar location but <br /> assumes no additional responsibility or liability regarding the Work unless expressly stated in <br /> this Agreement. <br /> 9. TERMINATION <br /> Either party may terminate this Agreement with or without cause upon thirty days' written notice <br /> to the other. If a party desires to terminate this Agreement with cause, the terminating party <br /> must notify the other party of the reasons for proposed termination and allow the other party a <br /> reasonable opportunity to cure. <br /> 10. CHANGE OF OWNERSHIP OR ADDRESS <br /> Lender must notify the City promptly in writing of any change of address or change of <br /> ownership (whether by reason of death, sale, insolvency, dissolution of marriage, gift or <br /> otherwise) of the Work. If the City is unable to contact the Lender regarding the Work, the <br /> Lender may lose his rights in the loaned property. The City may require an owner subsequent in <br /> title to the Lender to establish the legal right to receive the Work by proof satisfactory to the <br /> City. The City Agreement shall be binding upon the heirs, executors, administrators, personal <br /> representatives, successors and purchasers. <br /> 11. ATTRIBUTION <br /> Credit or attribution of the Work shall be as described in Exhibit A. <br /> 12. EMERGENCY CONSERVATION OF WORK <br /> A. Application of Conservation Measures <br /> The City may apply conservation measures without the Lender's permission if: <br /> (1) The Lender can no longer be reached at the address set forth above (or such other <br /> address as the Lender may have provided to the City in writing); or <br /> (2) Immediate action is required to protect the Work or to protect other property in <br /> the custody of the City or because the Work has become a hazard to the health or <br /> safety of the public or to the staff or agents of the City; and <br /> a. the City is unable to reach the Lender at the Lender's last address of record <br /> under this Agreement so that The City and the Lender can promptly agree <br /> upon a solution; or <br /> b. the Lender will not agree to the protective measures the City recommends, yet <br /> is unwilling or unable to terminate this loan and retrieve the Work. <br /> Sculpture Loan Agreement 2019 <br /> Page 2 <br />
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