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Home My WebLink AboutA8907 - SERGE ATTUKWEI CLOTTEY - SIMCOR LLCAGREEMENT FOR LOAN OF ARTWORK Wishing Well THIS AGREEMENT FOR LOAN OF ARTWORK ("Agreement") is entered into as of this g,�'lt-, day of 2021, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Serge Attukwei Clottey/SIMCOR LLC (Owner). RECITALS A. The City has established a Public Arts Program, which authorizes the placement of works of art on appropriate private and public property, which encourages public access, and viewing of the artwork. B. Under the Public Arts Program, artwork may be loaned to the City with or without a fee paid for loan term. C. Owner desires to loan a work of art (Artwork) and have such work of art placed on public property in accordance with this Agreement and the City of Palm Springs Public Arts Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code (Public Arts Ordinance). NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree that acceptance of the loan of the Artwork described in Exhibit A is subject to the following conditions: 1. City Representative: The City Manager, designee, or a Contract Officer of the City ("City Manager"), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the City Manager shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Fee: City shall pay the costs of de -installation in an amount not to exceed $10,000. 3. Loan Term: The loan term shall be one (1) year. 4. Termination: Both the City and the Owner have the right to terminate this Agreement upon thirty (30) days' advance written notice, with or without cause. 5. The Artwork: The Owner will loan Artwork to the City as shown in Exhibit "A" (the Artwork). 6. Location and Site Preparation: The artwork shall be located at the James O. Jessie Desert Highland Unity Center, 480 W Tramview Rd, Palm Springs, California, as shown in Exhibit `B" (the site). Signs will be installed on large posts below installation with information about the installation. No costs or expenses shall be incurred in excess of that approved by the City in writing. Any such excess cost or expenses, and/or unapproved costs or expenses shall be the sole responsibility and liability of the Owner. Artwork is to be removed by Owner. 7. De -installation: All packing and de -installation costs for removing artwork from the site shall be paid by the City. De -installation is to be arranged and supervised by Owner staff. De -installation dates, and the costs related thereto, to be approved by City. 8. Insurance: City shall procure and maintain, in a form and amount consistent with the City's past practice in insuring public art installed and maintained on City owned property, appropriate insurance for the artwork. City shall provide Owner with a Certificate of Insurance naming Owner as an additional insured. 9. Care and Condition: The artwork is loaned in good condition unless otherwise noted. The artwork shall at all times be given special care to protect it against loss, damage or deterioration. Should loss or damage or deterioration be noted, the Owner is to be notified immediately and in detail. It is understood that the artworks covered by this Agreement shall remain in the condition in which they are received. The artwork shall not be, repaired, retouched, moved, or altered in any way. 10. Credit: During the term of this Agreement, all formal references to the Artwork shall include the following credit line: "Collection of Palm Springs Public Arts Commission on loan from Serge Attukwei Clottey/Stefan Simchowitz". 11. Indemnification: Owner hereby agrees to indemnify and hold harmless the City, its officers, agents and employees from and against any and all actions, suites, claims, damages, losses, costs, penalties, obligation, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected with any act, omission or negligence of Owner, its agents, employees or contractors, or from the existence of the Artwork at the Loan agreement site, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to Property and attorney's fees, but excluding such Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents or employees who are directly responsible to the City. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. APPROVED EY CITY COUNCIL 7-o2z,d. I +gym I. z A eS o "OWNER" Stefan Simchowitz Its Its Rosemarie Riedl "CITY" CITY OF PALM SPRINGS A Municipal Corporation � � City Manager APPROVED AS TO FORM "Cl* NEY 91"Ift!1103 EXHIBIT A ARTWORK — WISHING WELL , { �• � ;,, .dew �, � : �_ �► "ice + e . '" >.:. . �,. The Wishing Well The Wishing Dellis a sculptural installation of large-scale cubes draped with sheets of woven pieces of yellow plastic Kufuor gallons used to transport water in Ghana. Transforming a vacant lot into a destination, The Wishing Well echoes the wells to which many people around the world must trek daily to access water. Europeans introduced these yellow jerrycans in Ghana to transport cooking oil. As repurposed relics of the colonial project, they serve as a constant reminder of the legacies of empire and of global movements for environmental justice connecting communities across continents. Sited in the Coachella Valley, whose future is deeply dependent on water, The 146shing Well creates a dialogue about our shared tomorrow. h' i4 F EXHIBIT B SITE P. y VIE �11►� 4. 4