CM-2018-1669 - 3/23/2018AGREEMENT FOR EXHIBIT OF ALLAN HOUSER SCULPTURE
This Exhibit Agreement is for display and sale of sculpture on City -owned property, and is between the
City of Round Rock, Texas "City" and Allan Houser, Inc. referred to herein as the "Artist."
A. AGREEMENT TO LEND f DISPLAY i SALES
Artist agrees to lend the sculptures described in Exhibit "A" for display on City property pursuant to the
terms of this Agreement. City agrees to display sculptures owned by the Artist on City property. All of
the sculptures are for sale by the Artist. Artist agrees to handle all sales transactions. Artist agrees to pay
the City (for the benefit of the Round Rock Foundation of the Arts) an amount equal to thirty percent
(30%) of the selling price of sculptures listed in Exhibit A sold during this exhibit pursuant to the terms of
the commission agreement set forth in Exhibit "A".
B. ACKNOWLEDGEMENTS
Artist and City acknowledges that:
1. PublicalIy-displayed sculpture in an outdoor environment is subject to deterioration. Artist
agrees that City will not be responsible for such deterioration and waives all claims related to
deterioration or wear and tear, and certifies that the artwork is in condition to withstand the ordinary
strains of outdoor public display.
2. At the time of installation, a "Condition Report" will be completed by City and Artist which will
accurately document the condition of the artwork as it arrived on site. Any noticeable damage to the
artwork that is incurred while on display will be reported by City to Artist within five business days of
discovery
3. Artist shall remain the owner of the sculpture while it is on display subject to the terms of a sales
agreement.
4. City has the right to remove any damaged piece of artwork upon notice to the Artist. Any
associated costs will be the responsibility of City. Any restoration and/or repair of the artwork will be at
City's discretion, but will not be done without written permission from Artist.
5. City shall provide descriptive signage for each sculpture on display on or near the loaned works.
In addition to the title, copyright year, medium, dimensions and price of the loaned works, this signage
shall display the following text: Allan Houser Haozous, American-Chiricahua Apache, 1914-1994
Signage shall include the credit "On loan from Allan Houser Inc. (www.allanhouser.comi. For
purchase information call (505) 9824705 or email houser(a,,allanhouser.com
6. City shall arrange for fabrication of three metal bases for sculptures in accordance with
specifications agreed upon by the City and Artist. These metal bases shall remain the property of the
City.
7. Artist is an independent contractor, and is not City's employee. This Agreement does not create a
partnership relationship, employer/employee relationship, joint venture relationship, principal/agent
relationship, or any other relationship of similar kind, and no party shall represent itself to third parties as
having such relationship.
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C. TRANSPORTATIONN AND INSTALLATION
1. The parties agree that approximately $20,000 is the estimated cost for round trip transportation
and related transportation insurance to Round Rock, TX from Santa Fe, New Mexico and returned to
Santa Fe. The City agrees to pay the cost of such round-trip transportation.
2. Artists will be responsible to arrange for transportation and commercial transportation insurance
for the sculptures to and from the City property for display. In advance of delivery date of April 20,
2018, Artist with notify the City of the actual cost of delivery to Round Rock and the name of the
transportation entry to pay. City will be billed directly by the transport company. Invoicing for the
shipments should be addressed to: Laurie Hadley, City Manager, City of Round Rock, 221 East Main
Street, Round Rock, TX 78664. Prior to end of the exhibit on May 10, 2019, Artist with notify City of
the actual cost of delivery to back to Santa Fe and the name of the transportation entry for remittance.
City will be billed directly by the transport company at the time of reloading sculptures for return to the
Artist.
3. The City shall arrange for a qualitied team to unload, install, and reload sculptures onto
transportation arranged by Artist with all costs paid by the City. City will prepare the site for installation
at its cost, and agrees to restore City's property to its condition prior to display of the artwork at no cost to
the Artist.
4. City will be responsible for installing the artwork to the specifications of City in and around
Centennial Plaza. Exhibit B describes the preliminary plan for installation prepared by the City that may
be altered by the City.
D. INSURANCE COVERAGE PROVIDE BY CITY
L City agrees to insure the sculpture for events such as theft, vandalism, or damage, while it is
displayed on City property. The term "displayed on City property" for purposes of insurance coverage
provided by the City is defined as beginning when the truck containing the sculptures arrives at
Centennial Plaza, Round Rock, ready to be unloaded, and ending when a truck is fully reloaded at the end
of the exhibition or when a sculpture is sold and removed from City property.
2. The type of insurance coverage shall be in the sole discretion of the City. The maximum liability
to the City shall be an amount equal seventy percent (70%) of the value of each piece of sculpture listed
in Exhibit A.
E. RELEASE
Artist acknowledges and agrees that City will not provide any security for the artwork. By agreeing to
exhibit artwork and by execution of this Agreement, Artist acknowledges and agrees that Artist is
displaying artwork at Artist's own risk and is hereby releasing the City, its officers, agents, and
employees from all liability for any type of Ioss, damage, vandalism or theft of the artwork while the
artwork is in the custody of the City that is not the result of grossly negligent or intentional acts of the
City, including but not limited to, installation, display, removal or temporary storage.
F. TERM OF AGREEMENT
City and Artist agree that the artwork will remain on display at its installation site for the time period
between April 20, 2018 and May 10, 2019. Any sculptures sold may be removed after the Artist makes
full payment of the agreed upon commission in the amount of thirty percent {30°0} of the sales price
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received by the Artist. The City shall not be responsible to pay the cost to remove or transport sculptures
sold during the exhibition.
G. RETURN OF ARTWORK
Upon return of artwork, City will issue a final "Condition Report and Return of Art Receipt" to be signed
by Artists prior to or at the time of removal. This will be proof of return in acceptable condition.
H. COPYRIGHT; REPRODUCTION RIGHTS
1. For the artwork, Artist expressly reserves every right available to Artist under the Federal Copyright
Act. Copyrights for the artwork of Allan Houser are owned by Chiinde LLC, a Houser/Haozous family
company.
2. Except as mentioned in this Section G, City will not make any commercial use of the design of the
artwork without Artist's written consent.
3. Artists grants City an unrestricted license to use photographic reproductions of the artwork in
advertising brochures, media publicity, and promotion of City activities, catalogues, site guides, books,
and publications for noncommercial purposes. The parties will use best efforts to secure credits listing
Artist as the creator of the artwork and owner of its copyright. When possible, copyright credit should be
listed as "C Chiinde LLC"
I. PROPER MAINTENANCE
IT IS AGREED THAT PROPER MAINTENANCE BE PERFORMED ON THE ALLAN
HOUSER ARTWORK PLACED ON LOAN (l.) The parties agree to the importance of the
appearance and care for the work(s) being placed on loan for public display. (2.) City agrees that it
shall inspect the condition and appearance of the loaned works on a regular schedule of three (3)
MONTH intervals. (3.) Artist agrees to provide maintenance instructions and technical consulting to
City. (4.) City agrees to notify Artist immediately by phone and in writing of any damage or
deterioration to the loaned works due to accident or vandalism. City further agrees to consult with
Artist prior to any repair or restoration of the loaned works.
J. TERMINATION
The City may terminate this Agreement at any time upon thirty (30) days written notice to Artist. If
artwork has been delivered at time of termination and requires removal, City shall be responsible for the
costs of removal as set forth herein.
K. VENUE
The Iaws of the State of Texas will govern this Agreement, and any action or suit will be brought in
Williamson County.
This agreement has been signed on the dates shown below.
ARTIST:
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By:
Printed Name: _V✓ �G�)v 71`16
Title: C stn,/ rdn d Cdc-�ior
Date Signed: 201�
ACCEPTED BY CITY OF ROUND ROCK
IJBy:�,-
Printed Name:, --X W/ / //,A Iny
Title: f��A- ( rr �'lA �lr
Date Signed: 3 1 �3
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EXHIBIT A
Sale of Exhibited Artworks
A thirty percent (30%) sales commission is due from the Artist to the City of Round Rock on any piece of
artwork sold as a during the exhibition in the City of Round Rock. The Artist shall tender to the Round
Rock Foundation for the Arts such sales commission, that being thirty percent (30%) of the total sales
price of the artwork sold during the exhibition to be held in escrow for the purchase of sculpture for
public display in the City. It is mutually understood by the City and the Artist that the actual sales price is
often negotiated and may vary from the value listed on the attached descriptions of the artworks to be
exhibited. The sales commission paid to the City by the Artist will be thirty percent (30%) of the actual
sales price. Artist will provide the City with written evidence of this price at the time of sale. Said sales
commission shall be paid in full no later than fifteen working (15) days after the date of sale and payment
to Artist by purchaser. Artist shall be responsible to pay any sales tax that may be due. The amount of
sales tax is not included as sales prices for purposes of said sales commissions.
Although the City of Round Rock does allow Artist to provide information concerning the prices of
exhibited artwork and will refer potential buyer to Artist. Every aspect of such sale is between the Artist
and the individual buyer, The delivery or third -party shipping of sold works will be the sole
responsibility of the artist..
It is the responsibility of the artist to notify the City of Round Rock in writing if a third party is to pick up
artwork at the conclusion of the exhibition. Individuals or organizations engaging in the sale of artwork
while on display at the City of Round Rock are required to collect and remit sales tax to the State Tax
Comptroller, and the City of Round Rock shall have no responsibility therefor.
Exhibit Information
Name, description, photograph and selling price (value) of each sculpture: To be Attached
Condition of artwork at the time of installation:
Exhibit dates:
April 20, 2018 Sculpture delivery date
May 10, 20I9 Sculpture pick-up date
Exhibitor's Printed Name: W PAOIJ2
/' —
Exhibitor's Signature: c;r
Date Signed: Y-7 Y 7
City of Round Rock Arts Authorized Representative (Printed Name):
City of Round Rock Representative's Signature:
Date Signed:
Condition Report and Return of Art Receipt
Condition of artwork of the time of removal:
Exhibitor's Printed Name:
Exhibitor's Signature:
Date Signed:
City of Round Rock Arts Authorized Representative (Printed Name):
City of Round Rock Representative's Signature:
Date Signed:
6
When Friends Meet
1987
Bronze Edition of 6 Dimensions(in):
74Hx68Wx42D
Price as of 9/8/2017 $275,000.00
When Fri-& Meet 0581 AN
Ready to Dance 1988
Dimensions(In):
Bronze Edition of 6 76 H x 34 W x 31,5 D
P,
Price as of 9/8/2017 $226,000,00
Ready to Dance 0585 AH
Singing Heart 1994
Bronze Edition of 10 56 H x 32 W x 36(hD
Price as of 9/8/2017 $125,000.00
Singing Plead 0275 AN
Dance of the Mountain Spirits If
Dimensions(in);
Bronze Edition of 6 74 H x 42.5 W x 30 D
Price $s of 9/8/2017 $105,000.00
Dance of the Mountain Spirits 11 0130 AH
Dance of the Mountain Spirits i
1989
Dimensions(in):
Bronze Edition of 6 68 H x 49,5 W x 26 D
Price as of 918/2017 $105,000.00
Dance or Uta Mountain Spirits 1 0129 AH
Corngrinder 1994
Dimension0nj:
Bronze Edition of 15 28 H x 21.5 W x 43.25 D
Price as of 9!812017 $70,000.00
Compindcr 0300 AN
Embrace 1989
Bronze Edition of 6 48 H x 33 Wlmensionsx 24.75{fD:
L
Price as of 9/812017 $95,000.00
Embrace 0602 All
Raindrops 1993
Dimensions0n};
Bronze Edition of 10 58 H x 32 W x 47.5 D
Price as of 9/8/2097 $125,000.00
Raindrops 0274 AH
Buffalo Hunt ll 1992
Dimensions(in):
Bronze Edition of 10 38 H x 84 W x 30 D
Price as of 9/8/2097 $275,000.00
Buffalo Hunt 11 0233 AH
Anasazi 1987
D1mensians(In):
Bronze Edition of 3
48Hx84Wx66D
Price as of 9/8/2017 $550,000,00
Ana%PW 0123 AN
Warm Springs Apache Man
1991
Dimensionefln):
Bronze Edition of 6 49 H x 42 W x 42 D
Price as of 9/8/2097 $900,000.00
Warm Spdnlp Apache Man 0208 AH
This Was Our Home (Ig)
9993
Dimensions(in):
Bronze Edition of 6 68 H x 28 W x 30 D
Price as of 818!2017 $166,000.00
This Was Out Home (IS) 0284 AH
Dance of the Eagle
1986
Dlmensions(in):
Bronze Edition of 6 51 H x 59 W x 20,5 D
Price as of 91812017 $176,000,00
pence orlhe Eepie o769 AH
He Will Be Home Soon
Dimensions{inj:
Bronze Edition of 6 59 H x 17 W x 15 D
7
Price as of 9/8/2047 $350,000.00
He Will Be Homo soon 0568 AN
Meeting on the Trail
1985
Climensione(in):
Bronze Edition of 4 66.5 H x 48.5 W x 40 D
Price as of 9/8/2097 $326,000.00
Meeting an the Trail 0095 AH
Buffalo Dance Relief
Bronze Edition of 10 14 H x 60 W x 14 D
Price as of 91812017 $35,000.00
eurnlu Dance relief 0565 AH
Smoke Signal
Bronze
Edition of 15
1993
Dlmensions(In):
53Hx40Wx26o
Price as of 9/8/2017 $175,000.00
Smoke Signal 0273 AH
Mustangs 1986
Dimens€ons{Inj:
Bronze Edition of 4 41 H x 60 W x 36 D
Price as of 9/8/2047 $360,000.00
Muslanp 0564 AH
City of Round Rock
ROUND ROCK
} TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement for Exhibit of Allan Houser Sculpture for
the display and sale of sculptures on City property.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 3/23/2018
Dept Director: Will Hampton
Cost: $20,000.00
Indexes: Hotel Occupancy Tax Fund
Attachments: LAF - Houser, Agreement - Houser
Department: Communications and Marketing Department
Text of Legislative File CM -2018-1669
Consider executing an Agreement for Exhibit of Allan Houser Sculpture for the display and
sale of sculptures on City property.
Round Rock will be home to a major exhibition of the works of internationally -acclaimed
artist Allan Houser from April 26, 2018 through May 10, 2019. Houser (1914-1994) is one
of the preeminent American sculptors of the 20th Century and one of the most noted Native
American artists of all-time.
The exhibit will feature 18 large-scale bronze sculptures that will be displayed outdoors in
and around Centennial Plaza. The sculptures, valued at nearly $3.6 million, will be free to
the public to view.
Exhibitions of Houser's work on such a scale are exceedingly rare. A number Houser's
works were displayed in Salt Lake City during the 2002 Winter Olympics, and a
retrospective of his creations drew over 3,000,000 visitors to the National Museum of the
American Indian in Washington, DC in 2004-05.
Cost: $20,000
Source of Funds: Hotel Occupancy Tax Fund
City of Round Rack Page 1 Printed an 3/228018