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Home My WebLink AboutVIII-15 Authorize Signature - Sculpture Lease for Riverwalk - Dale LewisCity Council Memorandum To:Mayor Fasbender and City Council From:Alex Menke, Economic Development Coordinator Date:December 1, 2025 Item:Sculpture Lease for Riverwalk Council Action(s)Requested: Authorize signature of Artwork Leasing Agreement with Dale Lewis, subject to City attorney reviews and minor revisions. Background Information: The Arts and Culture Commission would like to extend the prior lease of four sculptures from local artist Dale Lewis for the next 12 months at $1,000 each. The sculptures would be located on the sculpture platforms along the riverwalk trail or other suitable location. Budget This would cost $4,000.00 total, which is budgeted for in the Arts and Culture Commission’s annual budget plan. Attachments -Artwork Leasing Agreement -Dale Lewis Lease Invoice VIII-15 1 ARTWORK LEASING AGREEMENT This Artwork Leasing Agreement (“Agreement”) is made and entered into this ___ day of_________, 20___, (“Effective Date”), by and between Dale Lewis (“Lessor”) and the City of Hastings, MN (“Lessee”). WHEREAS, the Lessor would like to display and the Lessee would like to accept the display of certain sculpture artwork on property owned by the Lessee subject to the terms of this Agreement. Now therefore, the parties hereby agree as follows: AGREEMENT 1. Lease of Artwork and Term: Subject to the terms and conditions set forth below, the Lessor rents to the Lessee the following Sculptures: a.Otto, the River Otter (purchase price $16,000); b.Rock Bass II (purchase price $10,000); c.Bicycle Tree I (purchase price $12,000); d.Leatherback (purchase price $22,000) (“Sculptures” or “Artwork”) for the term of one year commencing from the Effective Date of this Agreement. 2. Rental Rate: The Lessee shall pay a lump sum of $1,000 per sculpture for the term of the Agreement, due and payable following installation. 3. Location, Installation and De-installation: The location of the Sculptures shall be on Lessee’s property (“City Property”), at a mutually agreed upon location.Installation will be arranged between the Lessor and the Lessee depending upon the weather, availability of Hastings equipment, park access and personal, and dates the Sculptures are available. At least 14 days' notice is required.No fixtures or other materials needed for the installation and ongoing display of the Sculptures may be affixed to City Property without prior consent of the Lessee.Should any Artwork be required to be moved after installation Lessee will notify the Lessor of the intent to relocate the sculpture and the Lessor must give permission before Artwork is relocated. 4. Ownership and Use: The Artwork shall at all times be the sole and exclusive property of the Lessor. The Lessee shall have no rights or property interest in the Artwork, except for the right to display the Artwork in its intended manner and to market the Artwork to encourage visitors to enjoy the Hastings Riverwalk. The Lessee recognizes the copyright interests of the Lessor in the Artwork and shall not infringe or allow an infringement of the Lessor’s rights. VIII-15 2 5. Repairs, Maintenance. Should a sculpture require a repair the Lessee will immediately notify the Lessor. No repairs shall be done without expressed approval of the Lessor. The Lessor shall have the right to perform any maintenance to the Sculptures, but may not intentionally alter, modify,or make changes to any City Property without the prior approval of the Lessee. Maintenance of the site around the Artwork will be subject to the Lessee’s or 3rd party agreements created at the time of installation.. 6. Insurance.The Lessee shall carry insurance to cover the replacement cost of the Artwork in regard to theft, natural disasters,and liability and will pay over the proceeds of such insurance to the Lessor upon receipt of proceeds. 7. Default.Neither Lessee nor Lessor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. A default in payment of more than seven (7) days be the Lessee or violation of any other term of this agreement shall allow the Lessor to retake possession of the Artwork. The Lessor shall retain all its rights in law and equity and is entitled to reasonable attorney’s fees and cost upon the default of the Lessee. 8. Indemnity. Lessor and Lessee each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. 9. Continuation or Purchase. With the Lessee’s consent, the Lessor may offer to leave the Artwork in place after the term of this lease for no additional fee with the understanding that the Artwork may remain in the location throughout the winter and most likely not be removed or replaced until spring. The Lessee acknowledges that the Artwork is for sale and may exercise the right to purchase the Artwork at any time. Also, should the Artwork be sold to a third party during the lease term the Lessee is entitled to a commission fee equivalent to 20% of the purchase price. 10. Recall or Exchange of Leased Artwork: Occasionally, Leased Artwork may be recalled by Lessor because of a sale or exhibit. A fourteen (14) day notice will be provided to exchange the Artwork. Following the installation de-installation provisions,the Lessor will, at its own expense, retrieve leased Artwork from City of Hastings and replace leased Artwork with other artwork that is mutually acceptable to Lessee for the remaining term of the lease. 11. Amendments.This agreement is the only agreement of the parties and may only be amended in writing or by a separate written agreement of the parties. 12. Application of Laws:This agreement shall be construed under Minnesota law and shall be binding on the heirs, successors and assigns of the parties. VIII-15 3 13.Notices: Notices shall be communicated to the following addresses: If to City: City of Hastings 101 4th Street East Hastings, MN 55033 Attn: City Administrator Or e-mailed: dwietecha@hastingsmn.gov If to Artist:Dale Lewis 802 Reuter Drive Hastings, MN 55033 Or e-mailed: ArtistDaleLewis@gmail.com [remainder of page left blank] VIII-15 4 Lessor Dale Lewis _________________________ Dale Lewis Lessee – VIII-15 5 City of Hastings By:_________________________ Mayor, Mary Fasbender By:__________________________ City Clerk, Kelly Murtaugh VIII-15 Artist Dale Lewis It’s OK for Fine Art to be FUN! 802 Reuter Drive Hastings, MN 55033 612-418-8652 INVOICE INVOICE #HMN826 DATE:11/25/25 TO: City of Hastings 101 4th Street East Hastings, MN 55033 SHIP TO: N/A COMMENTS OR SPECIAL INSTRUCTIONS: Covers the one-year period: November 2025 –November 2026 SALESPERSON P.O. NUMBER REQUISITIONER SHIPPED VIA F.O.B. POINT TERMS 30 Days QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 One-year lease for sculpture entitled “Otto, the River Otter”$1000.00 $1000.00 1 One-year lease for sculpture entitled “Rock Bass II”$1000.00 $1000.00 1 One-year lease for sculpture entitled “Bicycle Tree I”$1000.00 $1000.00 1 One-year lease for sculpture entitled “Leatherback”$1000.00 $1000.00 SUBTOTAL $4000 SALES TAX SHIPPING & HANDLING TOTAL DUE $4000 Make all checks payable to Artist Dale Lewis If you have any questions concerning this invoice,please contact Mecca Page at 651-202-7370 or FineArtRep4DaleLewis@gmail.com. Thank you for your business! VIII-15