Megan—we cover that on our easement agreements with private property owners for murals (Grantor is the property owner, XXX is typically us):

Within the initial ___ (#) year easement term or at any time thereafter, the easement may be terminated by Grantor with XXX’s consent in writing upon Grantor’s showing of any of the following: i) that the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or ii) that the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or iii) that the property is to be substantially remodeled or altered in a way that precludes continued display or maintenance of the Artwork; or iv) that circumstances have materially changed and the continued existence of the easement or maintenance of the Artwork substantially impedes Grantor’s reasonable use and enjoyment of the Property. XXX shall not unreasonably withhold consent to termination upon Grantor’s satisfactory demonstration of any of the foregoing conditions of termination.  Should the Grantor terminate due to any of the aforementioned instances (listed in 5b), the Grantor shall be responsible for costs associated with removal of the Artwork.

This combined with a notice of the artist’s VARA rights is usually OK with property owners.  Your agreement, as you notice, would also include a right of entry to maintain the artwork. Here’s how we phrase that:

Grantor acknowledges XXX shall have the right to enter the property described in Exhibit A with 7 days’ advance approval of the Grantor, for any and all of the purposes described in this Agreement. The approval of the Grantor shall not be unreasonably withheld. 

Julia Muney Moore
Director of Public Art

Arts Council of Indianapolis
924 N. Pennsylvania St.
Indianapolis, IN  46204
o (317) 631-3301 x240
m (317) 332-8382
e jmoore@indyarts.org





On Dec 4, 2018, at 11:38 AM, Megan Berner <bernerm@reno.gov> wrote:

Hi all,

We have a somewhat odd situation where we would like to draft an agreement with a private property owner for them to donate some artwork to the city. The artwork is on the side of their (privately-owned) building but faces out to a public pathway that is city-owned. We would need to have access to the inside of the building occasionally for maintenance of the artwork since it has lighting components that are housed in the building. The owners are amenable to working with us and don't want responsibility for the artwork anymore but are fine with leaving it where it is since it was built for the specific site. Our concern is writing an agreement that would protect the artwork to some degree from being removed without notice or, in the case the building sells (not sure that is possible to plan for). Does anyone have any examples of agreements from a similar situation?

Thanks,
Megan

Megan Berner
Public Art Program Coordinator
City of Reno
Arts, Culture, & Events
Office of the City Manager
McKinley Arts & Culture Center
925 Riverside Drive
Reno, NV  89503
w. 775.326.6333
c. 775.399.0574
e. bernerm@reno.gov
Renoculture.com






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