City Council Agenda and Packet 2024 01 02

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Unless otherwise agreed upon by the City in writing, Artist shall provide, erect, and maintain barricades, fences, lights, and other traffic control devices, and shall furnish such personnel (as the City may require) to warn the public and guard the site and shall take such other precautionary measures as are reasonably necessary to protect persons, property, and the work done under this Agreement. 15.2 Prior to commencing the delivery and installation of the Work, Artist shall obtain and the insurance policies set forth in Section 7.0 hereof, which policies shall be maintained throughout the delivery and installation period. 15.3 During installation of the Work, Artist shall clean up the site at reasonable intervals and at other times when directed by the City. At all times while finish work is being accomplished, the site shall be kept clean, free of dust, construction debris and trash. Directly upon completion of the Work, Artist shall remove from the site all equipment and any waste materials not previously disposed of, leaving the site thoroughly clean and ready for the City's final inspection. 16.0 MAINTENANCE, REPAIR, & RESTORATION 16.1 The City recognizes that maintenance of the Work on a regular basis according to the maintenance instructions is essential to the integrity of the Work and that the City will be solely obliged to maintain the Work after the warranty period set forth in Section 17.5. The City shall nonetheless have the right to determine, in its sole discretion, if maintenance, repairs, and restorations to the Work will be made. To the extent practicable, and if the Artist has provided a current address pursuant to Section 21.0, during the ten years following the Final Payment, the Artist shall be given the opportunity to consult on repairs or restorations in addition to those described in the maintenance instructions. Artist shall obtain and maintain throughout the maintenance consultation period the insurance policies set forth in Subsections 7.2.1 and 7.2.2 hereof 16.2 Nothing in this Agreement shall preclude any right of the City in its sole discretion to (i) remove the Work from public display; (ii) move or relocate the Work to another location selected by the City for public display; or (iii) destroy the Work. If the City shall at any time decide to destroy the Work, the City shall notify the Artist and offer the Artist a reasonable opportunity to recover the Work at no cost to the Artist, except for an obligation of the Artist to indemnify and reimburse the City for the difference between the City's cost to recover the Work and the City's cost to destroy the Work, as reasonably determined by the City. Without limiting the generality of this section, the Artist agrees that his rights in connection with the destruction of the Work are as described in this Section; the Artist waives any greater or other rights which he might have in connection with the removal or destruction of the Work under 17 U.S.C. §106A(a) and §113. WARRANTIES 17.1 Artist represents and warrants to the City that the Work is artistically unique, and agrees not to create or be involved in the creation of an identical artwork within 100 miles of Louisville, Colorado. Additionally, Artist represents and warrants that: 17.1.1 The Work is solely the result of the artistic effort of the Artist; 7 20