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HomeMy WebLinkAboutAGR-7897 - CHAPMAN UNIVERSITY - ARTWORK LOAN AGREEMENTDocusign Envelope ID:875E4C0A-67CF-4DEB-9FF4-815558A1AAEO AGR-7897 Initial Fe-, CHAPMAN UNVERSITY ARTWORK LOAN AGREEMENT This Artwork Loan Agreement ("Agreement") is made and entered into on December 3 , by and between Chapman University("University") and Orange Public Library("Lender"). 1.Purpose of the Agreement. Lender agrees to loan the Artwork described in Exhibit A, which is attached and incorporated by reference (singularly or collectively, the "Artwork"), to Chapman University, subject to the terms and conditions below. 2.Exhibiting Location. The University intends to exhibit the Artwork at The Hilbert Museum of California Art at Chapman University (167 N. Atchison St., Orange, CA 92866) for the exhibition: Emigdio Vasquez: The Godfather of Chicano Art — Works from the Vasquez Family Collection" from December 13, 2025—May 31, 2026. 3.Term of Agreement. The term of this Agreement shall be from December 8, 2025 to June 5, 2026. Lender shall provide the Artwork to the University no later than December 9, 2025. University shall return the Artwork to the Lender no later than June 5, 2026. 4.Fees. University shall pay Lender the following fees(check one): per flat rate) Other: X No fees required 5.Packing and Transportation. The University shall arrange for the packing and transportation of the Artwork to University. The Artwork shall be returned by University to Lender using the same or similar method of packing and transportation unless otherwise instructed by Lender. All packing and transportation costs shall be the sole responsibility of the University. Upon return of the Artwork to the Lender, Lender shall provide a signed receipt to University in the format sent by the University. 6.Standard of Care. The Artwork shall be sent by Lender in good condition,unless otherwise noted by Lender. University shall exercise reasonable and prudent care to guard against loss, damage, or deterioration of the Artwork, including without limitation due to theft,fire, mishandling, and extremes of light, temperature and humidity. 7.Insurance. To the extent Lender maintains insurance on the Artwork, such coverage will be primary. Otherwise,the Artwork shall be insured by University under University's Fine Arts policy for the amount specified in Exhibit A, consistent with the current estimated fair market value of such items, subject to the following exclusions:wear and tear,gradual deterioration,insects,vermin,or inherent vice; repairing, restoration, or retouching process; hostile or warlike action in time of peace, insurrection, rebellion, etc.; nuclear reaction, nuclear radiation, or radioactive contamination. The values provided by Lender are the best current estimate by Lender as to the current fair market value of the Artwork. Said valuation shall not exceed the current fair market value of the items loaned to University. Said value is not to be considered an appraisal. The amount payable by insurance secured in accordance with this Agreement is the sole recovery available to the Lender from the University in the event of loss or damage. 1 Docusign Envelope ID:875E4C0A-67CF-4DEB-9FF4-815558A1AAEO Ascertainment or estimate of loss shall be made by the Insured and the Insurer,or if they differ then the amount of loss will be determined as provided by the Arbitration Clause of the policy. 8.Reproduction Rights. University may reproduce the Artwork in educational or promotional materials distributed by University, including without limitation catalogues, pamphlets, and exhibition materials, in any communications medium currently existing or later created, including without limitation print media,television, and the Internet. 9.Credit Line. Any materials produced by the University describing the Artwork shall bear the following credit line for the Artwork: Local History Collection, Orange Public Library& History Center, Orange, CA. 10. Notice. Notices under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. To the University:Chapman University, 1 University Drive, Orange, CA 92866 Attn: Executive Vice President&COO with a copy to: Emily Valdez, Museum Registrar(Hilbert Museum of California Art) To Lender: Orange Public Library& History Center c/o Aida Cuevas, Local History Librarian 407 E. Chapman Avenue Orange, CA 92866 11. Entire Agreement. This Agreement contains the entire Agreement between the parties and supersedes all prior written or oral agreements with respect to the subject matter herein. Any amendments to this Agreement must be made, in writing, and approved by the authorized representatives of University and Lender. 12. Applicable Law. This Agreement shall be governed by the laws of the State of California. This Agreement may be executed in one or more counterparts,each of which shall constitute one and the same agreement. Further,the parties may execute this Agreement via fax or electronic mail transmission. A true and correct copy of the Agreement, as executed by the parties, may be used in lieu of an original for all purposes permitted by law. This Agreement shall not become effective until the date of the last signature below. Remainder of page intentionally left blank;signatures on next page] 2 Docusign Envelope ID:875E4C0A-67CF-4DES-9FF4-815558A1AAEO CHAPMAN UNIVERSITY CITY OF ORANGE, a municipal corporation Signed by: Signed by: By: ffOUA, i(, L SbIA. By: p5D77F1025003460... hrdULgf LSFFf+lUe4gami4)rand, City Manager Its: Brian M.Thomason, Interim Executive Vice President&COO Date: 11/25/2025 Date: 11/26/25 ATTEST: L65E6NFRA, igned by: City Clerk APPROVED AS TO FORM: DocuSigned by: P Oil Nraffalineitiftan, City Attorney V 3 Docusign Envelope ID:875E4C0A-67CF-4DE8-9FF4-815558A1AAEO Exhibit A—Local History Collection,Orange Public Library& History Center 1 total work/total value: $75,000 EMIGDIO VASQUEZ Lonche 6-3-1976 r ,Oil on canvas 24 x 30 inches Value: $75,000 4