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Agreement for Public Placement of Picasso's Violin on Private Property Agreement between Salina Innovation Foundation (HOST) and the City of Salina, Kansas (CITY) As a host for public artwork belonging to the CITY, HOST agrees to: • Allow public placement of the artwork "Picasso's Violin" (the "artwork") in a mutually agreed upon location on private property owned by HOST located on the northwest corner of the intersection of Santa Fe Avenue and South Street; • Notify the CITY's Visual Arts Coordinator if work is damaged, missing or needs to be relocated; • Provide reasonable security for the safety of the artwork; • Provide personnel to assist with the installation of the artwork onsite with the cooperation of the CITY's Visual Arts Coordinator; and • To assume all risk and defend, indemnity and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, negligent acts, errors, omissions, or defective work or services of the HOST, its employees, agents, or any tier of subcontractors in the performance of HOST's responsibilities hereunder; provided, however, that HOST shall not be liable for damage to, or theft of, the artwork, except for damage or theft caused by the willful misconduct or sole negligence of HOST and its officials, employees, and agents. In consideration of HOST's hosting of the public artwork,CITY will: • Work with HOST to find a mutually agreed upon location for the work to be displayed and deliver the artwork to the site. • Be responsible for installation, annual care and maintenance of the artwork. • Coordinate with HOST to remove or repair the artwork. The parties acknowledge and agree that CITY will retain ownership of the artwork. Following installation of the artwork, the artwork shall remain in place for so long as both the CITY and HOST agree that display of the artwork at that location serves the public interest. Upon written notice by either party to the other party that the display no longer serves the public interest, the artwork shall be relocated. Signatures: For the CITY: For the: HOST t f(Date S l L i g Date v _ I 94-4-41-4- g• /44, Jason A. Gage Mary Landes, President City Manager Salina Innovation Foundation PO Box 0736 336 S Santa Fe Ave Salina, KS 67402-0736 Salina, KS 67401 1 of 1