Linda Beaumont, Truefaux LLC 9/28/2016

CITY OF EVERETT ART TRANSFER AGREEMENT THIS AGREEMENT made and entered into on this 16th day of August, by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington,hereinafter referred to as the "City," and Linda Beaumont, whose address is 5294 Lola Lane,Langley, WA. 98260, hereinafter referred to as the "Artist." NOW,THEREFORE,the parties herein do mutually agree as follows: 1. Transfer of Art. The Artist hereby agrees to transfer to the City a mosaic sculptural bench. The artwork is hereafter referred to as "Work". 2. Description of Art. three-seat,round mosaic sculptural bench with a steel armature. 3. Ownership. The Work shall be and remain for all purposes the property of the City. The Artist shall own any and all copyrights in the Work. For non-commercial or nonprofit purposes, including, but not limited to, education, public relations, arts promotion, and publicity,the Artist hereby grants the City an irrevocable, non-transferable,non-assignable license in perpetuity to reproduce the Work, electronically, graphically or otherwise. Each such reproduction, whether by the City or by a third party authorized by the City, shall clearly and legibly identify the Artist as the creator of the Work. The Artist also agrees that reproductions of the Work the Artist makes or causes to be made for purposes of publicizing the Artist shall identify the Work as part of the City of Everett, Washington Public Art Collection. The Artist also grants the City an irrevocable, non-transferable, non-assignable license to reproduce the Work in whole or in part for the purposes of repairing the Work or replacing part of the Work if the Work is damaged. 4. Artist's Representations and Warranties. Artist expressly represents and warrants that the Work is original and has not infringed on another's copyright,or rights in trade or service marks. Artist agrees to defend and indemnify City from any and all claims and damages arising out of this Agreement or the Work created hereunder. 5. Compensation. Total compensation including all services, expenses and applicable taxes, shall not exceed$25,116. This compensation will be delivered to the Artist by the Community Foundation of Snohomish County. Neither the City nor the Artist has any obligations under this Agreement until the compensation is paid. 6. Method of Payment. To obtain payment,the Artist shall file its request for payment.•All requests forpaxment should be sent to: City of Everett Attn: Carol Thomas 2930 Wetmore Ave, Suite 10-A Everett, WA 98201 7. Waiver of Certain Rights. A.Works Incorporated or Made Part of a Building. The provisions of this subparagraph apply if the Work is incorporated or made part of a building. In the event the City determines the Work must be moved, relocated, repaired or modified, the City shall use reasonable efforts to contact the Artist, and the Artist shall have the right to consult with the City regarding such movement, repair, relocation or modification. If the City, in its discretion, determines to move, modify, repair, or