19-1101_THE IRVINE MUSEUM_Loan Agreement for Art Rev 08/21/2018
City of San Juan Capistrano
The Irvine Museum
18881 Von Karman Avenue, Suite 1275
Irvine, California 92612
Telephone(949)476-8400
Facsimile(949)476-8181
This Loan Agreement for Art(hereafter, "Agreement")is entered into on this 1St day of November,2019,
by and between The Irvine Museum,(the "Lender") and the City of San Juan Capistrano,32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 (the"Borrower").
1. THE LOAN
Lender hereby agrees to loan to Borrower the reproductions(the "Objects") specifically identified
in Exhibit A attached hereto (collectively,the "Loan"). Exhibit A may be amended in writing by
either Lender or Borrower, and any amendment will be effective upon the written approval of the
non-amending party.
2. LOAN PERIOD
The period of the Loan will be from November 1,2109 through and including June 30,2021
3. PUBLICITY AND CREDITS
(a) Appropriate credit will be given to Lender in all publicity and other printed matter prepared
for or in connection with the Loan. The credit line for each work of art will read as written on
the Exhibit A of this agreement.
(b) Lender will be advised of the precise nature of the credit in writing not less than 10 days in
advance of the opening of the exhibition.
(c) Borrower will send Lender a copy of any publication or catalogue prepared in association
with the Loan.
4. TRANSPORTATION
(a) The Loan was delivered to Borrower in October,2011 during normal business hours.
(i) Lender will be responsible for organizing(and the cost of)the packing and transport
of the Loan to Borrower and the risk of loss during transport.
(ii) Lender will be responsible for unloading and unpacking the Loan. All unloading,
unpacking,handling and installation of the Loan at the premises of Borrower will be
done with sufficient care so as to avoid damage to any of the objects.
(b) The Loan will be returned to the location directed by Lender on or after June 30,2021 during
normal business hours.
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. (i) Lender will be responsible for organizing(and the cost of)and transport of the Loan
to Lender and the risk of loss during transport.
(ii) Lender will be responsible for packing and loading the Loan. All deinstallation,
packing and loading of the Loan will be done with sufficient care so as to avoid
damage to any of the works.
(c) As previously agreed, Lender shall be responsible for cost of crating, shipping and transit
insurance.
5. CONDITION
(a) Each object will be presumed to have been received by Borrower and, in turn, by Lender in
the same condition as it is described on attached Exhibit A, unless written notice of a change
in condition or damage is given to the other party and the carrier immediately upon receipt.
Should the Loan appear to be damaged in packing and transport, all packing materials must
be saved until Borrower, Lender and the carrier have had the opportunity to inspect them.
(b) Borrower and Lender will provide condition photographs andan opportunity to inspect any
damaged object where necessary.
(c) Borrower shall have the right to examine each object by all modern, scientific methods for
condition and authenticity.
6. INSURANCE
(a) Borrower will insure the Loan wall-to-wall under its "all risk" fine arts policy while at
Borrower's venue,which covers against "all risks" of physical loss or damage from any
external cause except the usual and standard exclusions(including, but not limited to wear
and tear, gradual deterioration, insects,vermin, inherent vice, or damage sustained due to or
resulting from any repairing, restoration, reframing, renovating, or retouching process that
has been expressly authorized by Lender in accordance with Paragraph 7 of the Agreement,
hostile or warlike action, insurrection, rebellion, civil disobedience, and radiation).
(b) The value of each object in the Loan for Fine Arts insurance will be the scheduled value as
provided on Exhibit A. The premium for the insurance will be paid by Borrower. Proof of
insurance will be delivered to Lender before delivery of the loan to Borrower. The value
specified shall determine Borrower's responsibility for obtaining insurance, but shall not be
considered an appraisal by Lender or Borrower or an amount of liquidated damages in the
event of loss, damage, or destruction of the object.
(c) Lender agrees that in the event of loss or damage to the Loan, recovery, if any, will be limited
to the estimated value of the lost object(s), or the cost of repairing or restoring the damaged
object(s), such costs not to exceed the estimated value of the object(s).
(d) Borrower will be responsible for the handling and processing of any insurance claim with its
insurer. Both parties agree to abide by the applicable requirements and conditions imposed by
the insurance certificate.
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7. CARE AND PRESERVATION
(a) Borrower will exercise the same standard of care in the preservation and safekeeping of the
Loan as it has adopted or may hereafter adopt for the preservation and safekeeping of
comparable property of its own. (Any special handling required will be outlined on an
exhibit attached hereto, and these instructions will be followed by Borrower.)
(b) Borrower will not intentionally destroy, damage, alter,modify or change the Loan in any way
whatsoever(including,without limitation,removing frames, mats, glass or plexiglass
coverings, or mounts)without explicit,prior authorization by Lender.
(c) In the event of any damage or material deterioration to an object in the Loan, Borrower will
consult with Lender prior to the commencement of any repairs or restoration. Lender will
have the right to specify the artist(s) or other person(s)who will make the repairs or
restoration, and the expense of repairs or restoration will be paid by Borrower and Lender as
may be equitable under the circumstances.
(d) Objects may be withdrawn from this Agreement at any time by either party upon reasonable
written notice. If any work is withdrawn by Borrower because it is discovered to be in
unstable or otherwise vulnerable physical condition, Borrower agrees to notify Lender of the
condition in writing and in a timely fashion.
8. EXPENSES
(a) Except as otherwise provided in this Agreement, Lender will be responsible for the payment
only of those pre-agreed upon expenses incurred in connection with the Loan.
(b) Borrower will provide receipts, invoices or other suitable evidence in connection with all
expenses to be paid by Lender.
9. USE AND REPRODUCTION
(a) Lender warrants that it has the right to permit display of each object in the Loan by Borrower
and reproduction as provided below and Lender hereby gives its permission to such use by
Borrower at their own facilities.No object may be placed on exhibition at fair grounds or on
the premises of any national or international exposition in any case. Borrower shall have the
exclusive right to determine when, if, and for how long each object will be exhibited.
(b) Unless notified in writing to the contrary, any objects in the Loan may be photographed or
otherwise reproduced for record, publicity, educational or other non-commercial use by
Borrower.
(c) Without prior written approval from Lender,Borrower will not permit the reproduction,
photographing or filming of objects from the Loan by anyone other than Borrower for any
reason.
(d) Color transparencies suitable for reproduction may be available from Lender for use by
Borrower.
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10. NOTICES
(a) All communications hereunder, except as herein otherwise specifically provided,will be in
writing. Any communications will be sent to Lender at the address specified above or as may
be identified in writing by Lender in the future and to Borrower, City of San Juan Capistrano,
Attention: Benjamin Siegel, City Manager, 32400 Paseo Adelanto, San Juan Capistrano, CA
92675. Notice will be deemed to be effective upon delivery or five days after deposit in the
U.S. mail, whichever occurs first.
(b) Lender shall be responsible for notifying Borrower of any change of ownership or address.
11. TITLE
Title to the Loan will remain with Lender or,to the extent applicable,with the owner of each'
object.
12. ENTIRE AGREEMENT
•
This instrument contains the entire Agreement of the parties relating to the subject matter hereof,
and the parties have made no agreements, representations or warranties relating to the subject
matter of this Agreement which are not set forth herein.No modifications of this Agreement will
be valid unless made in writing and signed by the parties hereto.
13. CALIFORNIA LAW
This Agreement will be deemed to have been made under, and will be governed by,the laws of
the State of California(including, but not limited to,the current provisions of Civil Code Section
1899 et seq, dealing with loans to museums and any similar provisions that may be in force from
time to time).
IN WITNESS WHEREOF, the parties have executed this agreement on the date set forth below
their respective signature.
LENDER: The Irvine Museum
By .-
Title President
Date October 31, 2019
BORROWER: City of S Juan Capistrano
By "
Title C t/
Date //--/S.- /1
The Irvine Museum Loan Agreement Page 4 of 4
AGREEMENT FOR LOAN OF ART
THE IRVINE MUSEUM
18881 Von Karman Avenue
Suite 1275
Irvine, California 92612
Telephone (949)476-8400
Facsimile (949)476-8181
EXHIBIT A
LENDER: The Irvine Museum
BORROWER: City of San Juan Capistrano
1
ARTIST: Franz A.Bischoff (1864-1929)
TITLE: San Juan Capistrano Mission Yard (R0086-D)
MEDIUM: Photo-Mechanical Reproduction
SIZE: 24 x 30 inches
LENDER: The Irvine Museum
CREDIT LINE:
INSURANCE VALUE: $750.00
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2
ARTIST: Maurice Braun (1877-1941)
TITLE: Road to the Canyon (R0219-L)
MEDIUM: Photo-Mechanical Reproduction
SIZE: 24 x 30 inches
LENDER: The Irvine Museum
CREDIT LINE:
INSURANCE VALUE: $750.00
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EXHIBIT A Page 1
LENDER: The Irvine Museum
BORROWER: City of San Juan Capistrano
3
ARTIST: Alson Skinner Clark (1876-1949)
TITLE: San Juan Capistrano Mission, 1921 (R0098-D)
MEDIUM: Photo-Mechanical Reproduction
SIZE: 35.75 x 46 inches
LENDER: The Irvine Museum
CREDIT LINE:
INSURANCE VALUE: $2,000.00
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4
ARTIST: Edgar Payne (1883-1947)
TITLE: Sycamore in Autumn, Orange County Park (R0066-0)
MEDIUM: Photo-Mechanical Reproduction
SIZE: 32 x 42 inches
LENDER: The Irvine Museum
CREDIT LINE:
INSURANCE VALUE: $1,000.00
EXHIBIT A Page 2
LENDER: The Irvine Museum
BORROWER: City of San Juan Capistrano
5
ARTIST: William Wendt (1865 - 1946)
TITLE: Saddleback Mountain, Mission Viejo (R0152-D)
MEDIUM: Reproduction
SIZE: 49.5 x 39.5 inches
LENDER: The Irvine Museum
CREDIT LINE:
INSURANCE VALUE: $2.000.00
Total Insurance Value $6,500.00
EXHIBIT A Page 3