HomeMy WebLinkAboutA2194 - RUDDY LIBRARY EXHIBIT `lames F. Ruddy - to prov the
Presidential Papers Exhibit
at Library Center
AGREEMENT #2194 (Orig 2-27-85)
signed by CM 2-27-85
AGREEMENT
This agreement between the City of Palm Springs (hereinafter CITY)
and James F. Ruddy (hereinafter RUDDY) entered into this day,
/�A 2 "J , 19C wherein said parties agree as follows :
RECITALS:
1. RUDDY is the owner of a collection of certain papers and
documents which are of historical significance in that said papers
relate to the various Presidents of the United States , which
collection is referred to as the Presidential Papers Exhibit
(hereinafter EXHIBIT) .
2 . CITY is a municipal corporation organized and existing under
and by virtue of the laws of the State of California.
3 . The Palm Springs City Library (hereinafter LIBRARY) is an
agency of CITY, established by Section 2. 32 . 010 of the Palm Springs
Municipal Code.
4 . It is the mutual desire of CITY and RUDDY that EXHIBIT be
displayed in the LIBRARY for the education and enjoyment of its
patrons.
IT IS NOW THEREFORE AGREED:
1. For good and valuable consideration, the sufficiency and
receipt of which is hereby acknowledged, RUDDY shall, at no expense
to CITY and on a mutually agreed day, transport EXHIBIT to LIBRARY
and shall install and set up EXHIBIT at a place within the LIBRARY
as mutually designated by RUDDY and the City Librarian.
2 . CITY shall, at CITY' s sole expense, select and obtain the
service of a security guard which security guard shall be on duty
and physically present in the immediate vicinity of EXHIBIT during
all times deemed necessary by either CITY or RUDDY.
3 . CITY shall, at CITY ' s sole expense, provide and install an
alarm system, which system shall be designed to detect excessive
motion, fire, or other events which might be harmful to EXHIBIT.
Said system shall have the ability to alert appropriate personnel
in a timely manner when such an event occurs.
4 . CITY shall procure and maintain at all times while EXHIBIT is
on CITY premises, insurance coverage in the amount of $1, 000, 000
for damage to, or destruction or theft of EXHIBIT. CITY shall
provide evidence of such insurance coverage, naming RUDDY as an
additional insured. In the event of any such loss , CITY shall incur
no liability whatsoever except as provided for by said insurance coverage.
Any dispute as to liability or payment of insurance benefits here-
under shall be resolved by binding arbitration utilizing the services
and procedures of the American Arbitration Association.
5 . CITY agrees to indemnify, defend and save RUDDY and his
agents and employees harmless from any and all liability, claims,
damages or injuries to any person, including injuries to CITY' s
employees and all claims which arise from or are connected with the
negligent performance of or failure to perform the work or other
obligations of this agreement, or are caused or claimed to be
caused by the negligent acts of CITY, its agents or employees, and
all expenses of investigating and defending against same; provided,
however, that this indemnification and hold harmless shall not
include any claim arising from the sole negligence or willful
conduct of RUDDY, his agents or employees.
Page 2 .
6 . This agreement may be terminated by either CITY or RUDDY upon
15 days written notice except said parties may mutually agree in
writing to a lesser time of notice.
7. Neither EXHIBIT, nor any part or portions thereof may be re-
produced by any means whatsoever except upon the express written
consent of RUDDY.
8 . Nothing in this agreement shall be construed as vesting with
CITY any incident of ownership or rights of possession with respect
to said EXHIBIT except as expressly stated in this agreement. Upon
termination of this agreement and after said EXHIBIT has been
removed from CITY premises, CITY shall have no rights of exhibition,
possession or control of said EXHIBIT whatsoever.
ATT " CITY OF PhLM SPRINGS , CALIFORNIA
\jgA
ty Clerk City Manager
REVIEWED & APPROVED_
JAMES�F. RUDDY 7
By
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