Lease Agreement STATE OF TEXAS § § Lease Agreement COUNTY OF Dallas § This agreement is made and entered into by and between ________________________, (“Artist”), and the Coppell Arts Council (CAC) 501 non-profit entity. 1. ARTWORK. Artist agrees to lease the work of art named “_____________________” (the “Artwork”), as shown in Exhibit A, subject to the terms of this Agreement. Artwork is valued at $__________________. 2. LEASE PRICE. The Coppell Arts Council agrees to pay to Artist, by delivery of funds to Artist the following amount in payment of the lease price for the Artwork: Total lease for the project will be $1,800. Final payment will be made once artwork is installed in as described in Exhibit C. 3. TERM. The term of the exhibition permitted under this Agreement will commence upon the Effective Date of (installation date) for a period of three (2) years until (uninstall date). The Arts Council, at its sole discretion, may terminate this Agreement early and thereby require the Artist, at his or her sole cost and expense, to remove the Artwork from the Site within the two-year period. 4. DELIVERY, INSTALLATION and PICK UP. The Artist will deliver and attend the installation of the Artwork on concrete pad, installed by CAC and the City of Coppell. The artist will pick up the art within the agreed upon time frame. Art that becomes abandoned and remains for three months beyond the deinstallation deadline becomes the property of CAC to dispose of. 5. EXPENSES. Artist will be responsible for all costs and expenses of insuring, packing, shipping, delivering, and Artwork. 6. IDENTIFICATION PLAQUE. The CAC at its sole cost and expense, will or will cause the design, fabrication and installation of a plaque to be erected at the Site. The plaque will identify the name of the Artist, the title and the date of creation of the Artwork (the “Plaque”). 7. LEASED ARTWORK FOR SALE. If the artist sells the sculpture while it is on display, CAC will take a 20% commission and provide the remaining 80% to the artist, 30 days after payment has been made. In addition, if a sculpture is sold before the duration of the term, the artist agrees to replace the sculpture with a comparable sculpture. Approval by the CAC will be required for the substitute Artwork. 8. MAINTENANCE AND REPAIRS. The Artist, at his or her sole cost and expense, will maintain the Artwork during the term of this Agreement. The Artist will not seek any reimbursement or other payment from the CAC for incurring maintenance costs and expenses related to the Artwork. The CAC and City of Coppell, TX , at its sole cost and expense, will maintain the Site and the Plaque, provided, however, the City is not required to provide security for the Artwork. In the event the Artwork is damaged or defaced or otherwise experiences extraordinary wear and tear, whether due to vandalism, force majeure, exposure to the elements, or otherwise, the Artist will within four (4) weeks of receipt of written notice from the CAC make, or cause to be made, the necessary maintenance and/or repairs to the Artwork. If that time period is insufficient in order for the Artist to complete the reasonably necessary maintenance and/or repairs, then the Artist will perform or make, or cause the performance or making of, the maintenance work and/or repairs within a reasonable time, which time period shall not exceed three (3) months or such other time period as the Parties may agree to, in writing. 9. INSURANCE; RISK OF LOSS. The risk of loss or damage to the Artwork will be borne by Artist until the Artwork is initially installed at the selected location. The Artist’s insurance will cover the Artwork prior to installation. 10. RELOCATION AND REMOVAL. The CAC reserves the right to relocate or remove the Artwork if the security of the sculpture can no longer be guaranteed in its current site, the sculpture has become a hazard to public safety or the site has changed such that the sculpture is no longer appropriate for the site. In such an instance, the CAC will take every effort to contact and work with the Artist in the relocation or removal plans. 11. MARKETING OF ARTWORK. The Artist grants the CAC unrestricted license to use photographic images and reproductions of the Artwork in advertising and marketing materials such as, but not limited to, the City website, publications and social media outlets. 12. REPRESENTATIONS OF ARTIST. Artist represents to City that (i) the Artwork is an authentic work of art created by the Artist and (ii) Artist has the legal authority to convey good title in the Artwork to City if the City desires to purchase the artwork. 13. RESERVATION OF RIGHTS. Ownership of copyright in the Artwork will remain with Artist. Subject to any limitations provided in this Agreement, the Artist reserves all rights under the Visual Artists Rights Act and other moral rights relating to the Artwork. The City may not make or authorize any reproduction or derivative work or public display for profit of the Artwork without the Artist’s prior written consent. The Artist reserves all rights in and to the Artwork and other materials not expressly granted or licensed to the City herein. 14. If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 15. GENERAL. This Agreement represents the entire understanding between the Leasee, on the one hand, and the Artist on the other hand, with respect to the lease of the Artwork hereunder. The terms of this Agreement may not be modified except in writing signed by all parties hereto. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue of any action shall be in Dallas County, Texas. This Agreement may not be assigned by any of the parties hereto. AGREED: ARTIST: ____________________________________ Date: LEASEE: COPPELL ARTS COUNCIL BY: Wheelice Wilson Chairman