I've done three-way contracts before--it's not difficult, everyone just signs it.  As for insurance, I don't think the City insurance would or should extend to private property.  The decision is, because it's a loan, do you make the artist maintain insurance on the piece because he still owns it, or do you make the private property owner maintain insurance because he 'controls' the site?  My decision would be the latter, and it's fairly easy and low-cost to get a rider on an existing policy to cover the temporary addition of the artwork.

I do not have any advice about this, however I am also following. We are in discussions regarding a sculpture trail and it will involved private and personal property as well. I am interested if you received any advice.

 

Have a Blessed Day!

Susan

Susan D. Gulley

sgulley@rutherfordchamber.org

Director of Cultural & Heritage Tourism, CVB

615-714-3650 cell

 

From: public_art_network@americansforthearts.simplelists.com <public_art_network@americansforthearts.simplelists.com> On Behalf Of Glenda Masters
Sent: Tuesday, May 16, 2023 4:27 PM
To: public_art_network@americansforthearts.simplelists.com
Subject: Artwork on Loan on Private Property

 

Ok Friends, I need some help.

 

We have a sculpture walk that is operated by the City (me) where all of the pieces are installed on city property. We have a local business property owner who is interested in piloting to test out expanding the sculpture walk to include installations on private property.  Mine and the property owner’s hope is that we can create a smooth process where we can expand our sculpture walk to include private property locations that are publicly accessible 24/7 since we’re limited on public space in our downtown area.

 

We also have an artist that is interested in participating. They will maintain ownership of the piece while it is installed “on loan” on the private property. However the artist is apprehensive about loss/damage coverage due to a bad experience with a different city so they really want to make sure their artwork is covered/protected by someone if it encounters third-party damaged. Our City attorney on the other hand does not want us to be liable or held responsible for third-party damage (for any of our sculpture walk pieces). But the reality is that if the artwork is damaged in any way (doesn’t matter how or my whom) I have the budget to pay for repairs or to provide a compensation to the artist for the loss. I kind of feel like that’s us being a good partner.

 

Here come all my questions…

1.       How do I contract this three-part agreement? If you have examples I’d love to see them. However, I do have several templates of public art easement agreements if we need to go that route.

 

2.       How do we best handle insurance? (This question give me a headache every year.) Our city attorney doesn’t want us to be liable for third party damages, but I believe they could be flexible and work with everyone if the artist pushes back, which they might. The reality is, if a sculpture is damaged I have a budget to help make repairs or cover the loss.

 

3.       Is it appropriate to ask the property owner to insure the sculpture it while it’s on their property?

 

THANK YOU!!!!

Glenda

 

Glenda Masters  | Cultural Arts Manager
220 SE Green Street | Lee's Summit, MO 64063
816.969.1032 |cityofLS.net | Glenda.Masters@cityofls.net

 

 

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