HomeMy WebLinkAboutA5940 - THE CHARLES CO.RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF PALM SPRINGS
City Clerk
P.O. Box 2743
Palm Springs, CA 92263-2743
Space above this Line Reserved for Use by Recorder
Filing Fee Exempt Per Government Code 6103 (For Recorders Use Only)
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND
GRANT OF EASEMENT
This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY AND
GRANT OF EASEMENT ("Agreement") is entered into as of A, gW by and
between the CITY OF PALM SPRINGS, a municipal corporation ("City") and THE
CHARLES COMPANY (-Owner").
RECITALS:
A. The City has established a Public Arts Program as established by
Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art Ordinance")
which authorizes the placement of works of art on appropriate private property which
encourages public access and viewing of the artwork.
B. Under the Public Art Fee Program, artwork may be acquired through the
Public Arts Fund, either on City or private property, whether on loan, as a gift or
purchase.
C. The City has acquired a work of art and desires to have such work of art
placed on the Owner's property in accordance with this Agreement and the City of Palm
Springs Public Art Program.
NOW THEREFORE, to comply with the requirements of the Public Art
Ordinance, and for good and valuable consideration, the parties hereto hereby agree as
follows:
1. Grant of Easement for Display of Public Art. Owner hereby grants and
conveys to the City of Palm Springs an easement for permanent use of the Site (as
shown in Exhibit "B") for purposes of locating and displaying the Artwork and allowing
the public access to the Site to view and enjoy the Artwork at reasonable times and in a
reasonable manner ("Contract"), as described in Exhibit "B".
2. Agreement -to Commission Work of At City has commissioned a work of
art described as "Red Echo", and shown on Exhibit "A" (Artwork). City is solely
responsible with respect to the contract entered into for the commissioning of the
Artwork including responsibility for maintenance and all payments to be made
thereunder.
7371702
3. Maintenance. The City shall provide all maintenance necessary as
recommended by the artist with respect to the Artwork to preserve such Artwork in first
class condition. City shall repair and/or replace any damage to the Artwork within a
reasonable time after such discovery. When necessary, City shall consult the artist or
another competent Artwork conservationist or restoration specialist to determine the
best methods of such restoration or repair. Owner agrees to maintain the access paths,
lighting, landscaping, irrigation and all other improvements to the Site.
4. Identification. The Artwork shall be identified by a plaque stating the
artist's name, the title, the date the Artwork was completed and stating that the Artwork
was funded through the City of Palm Springs Public Arts Program. The plaque will be
placed in an appropriate location near the Artwork that facilitates viewing by the public.
5. City Representative. The City Manager, or his designee, 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.
B. Owner and Representative. The Owner is the owner of certain property
("Property") generally known as The Springs located at 5200 East Ramon Road, as
shown on Exhibit "B" attached hereto and incorporated herein. The Owner has agreed
to Grant an Easement for the placement of Artwork on a portion of the Owner's property
which portion is generally depicted and described as the "Site" on Exhibit "B".
7. Location and Removal of Artwork. In addition to any other remedies
provided herein, in the event that the Artwork is destroyed, removed from the Site or
improperly maintained by the City, the Owner may require that the City replace the
Artwork with substitute Artwork of a comparable quality and value as determined at the
sole discretion of the City and with consent of the Owner.
8. Public Art Fee Credit. Pursuant to the Public Art Ordinance, Owner has
previously deposited with City a Public Art Fee. City and Owner agree that the sum
total of all costs incurred by the City ("Costs") in the acquisition and installation of the
Artwork shall be deducted from the Public Art Fee paid by Owner. If Owner is entitled to
any subsequent reimbursement of the Public Art Fee in accordance with the Public Art
Ordinance, such reimbursement shall be limited to the amount of the Public Art Fee
paid by Owner less the Costs. For purposes of this section, Costs shall include all
expenses incurred by the City related to the purchase and installation of the Artwork.
including but not limited to the purchase price of the Artwork, shipping of the Artwork
from the point of origin, installation costs including electrical, landscaping, irrigation, and
refurbishment of the Artwork, and all transportation related to the specialized installation
of the Artwork.
9. Insurance. The City shall procure and maintain, at its sole cost and
expense, in a form and content consistent with industry standards, with an insurer
qualified to do business in California and rated "A" or better in the most recent edition of
Best Rating Guide with a financial class category of Class Vil or better, unless such
requirements are waived by the Risk Manager of the City, during the entire term of this
Agreement and at all times while the Artwork is located on the Site.
737170.2
10. Indemnification. The City hereby agrees to indemnify, defend, and hold
harmless the Owner from and against any and all actions, suits, claims, damages,
losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims
or Liabilities") arising out of or in any way connected with any act, omission or
negligence of City, its agents, employees, or contractors, or from the existence of the
Artwork on the Site, or related to this Agreement, including, without limitation, bodily
injury to or death of persons, injury or damage to property and attorneys' fees, but
excluding such Claims or Liabilities resulting from the negligence or willful misconduct of
the Owner, its officers, agents, representatives, or employees.
11. Compliance with _ the Law. City hereby agrees to comply with all
applicable statutes, ordinances, orders, laws, rules and regulations, and the
requirements of all federal, state and municipal governments and appropriate
departments, commissions, boards and offices thereof, which may be applicable to the
display of Artwork on the Site or to the use or manner of use of the Site. Without in any
way limiting the foregoing, City agrees to comply with The Visual Artists Rights Act of
1990 (17 U.S.C. 101, etseq.).
12. Successors and Assigns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns.
13. Integration. This Agreement and other documents expressly incorporated
herein by reference contain the entire and exclusive understanding and agreement
between the parties relating to the matters contemplated hereby and all prior or
contemporaneous negotiations, agreements, understandings, representations and
statements, oral or written, are merged herein and shall be of no further force or effect.
14. Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed on behalf of each party
hereto.
15. Counterparts. This Agreement may be executed in counterparts which,
when taken together, shall constitute one executed document as though all signatures
appeared on one copy.
7PIX,2
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
ATTEST:
mes Thompson, City Clerk
APPROVED AS TO FORM:
737IM-2
"OWNER"
O
c - -
MANAGER:
Endure Investments, LLC
By: Excel Property Management
Bv: Its Managing Member
Name: Mark Gaba
Its: President
By: _
Name:
Its:
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
f
By:
David H. Ready, E
City Manager
APPROVED BY CITY COUNCIL
Services, Inc.,
STATE OF CALIFORNIA)
) SS.
COUNTY OF )
On Z , 2010, before me, �1MA 6jeME-FnRULPr IVOVWY fU& i C
Name and Title of Officer
personally appeared MO GA&y ,
NameK of signer'
or Droved to
to be
the person(owhose name is�ubscdbed to the within�ltrumeFt and
acknowledged to me that a executed the same inheFFi;#eir authorized
capacity(les), and that by I heF�Fth r signature(s� on the Inment the personal, or
the entity upon behalf of w ich the persomW acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
ro og6 FAT#NU GRMAP E-FORCIER
Commission 1605475
Notary Public - California
Los Angola: County
3%7 M Comm. E� Ins Jul 2 2012
(SEAL)
717I70.2
WITNESS my hand and official seal.
r
EXHIBIT "A"
(Artwork)
EXHIBIT "A"
(Artwork)
(Specifications)
The Artist proposal and specifications for the artwork titled "Red Echo" is as follows:
General Description: The Artwork was fabricated by the artist, Konstantin Dimopoulos,
at his studio located in Melbourne, Australia.
The Artwork is a kinetic sculpture createdwith polyurethane resin composite rods of
varying height. The sculpture is fabricated in colors of red and orange which are
embedded in the individual rods of polyurethane resin reinforced by glass fibers, steel
mesh and concrete. The rods are arranged to look like a stand of reeds. The length of
the rods ranges from 11.5 to 23 feet, and the sculpture is 6 feet wide at the base and
will be anchored in an 8 foot by 8 foot footing. Artist will fabricate a precast concrete
base with stainless steel voids into which the sculptural rods will be embedded.
Maintenance: The City will assume maintenance responsibility once the Artwork is
installed. The sculpture will need to be washed down 2 to 4 times per year using a
regular water spray. The rods are tissue coated and in a temperate environment can
last 10 to 12 years before recoating with a clear UV -resistant polyurethane resin.
However, in harsh environments such as Palm Springs an initial recoating may be
required after no more than 4 to 5 years. The Artist recommends that the rods in the
sculpture be recoated no later than 4 years after installation after which the rods are
unlikely to need another coating of resin for 10 more years. The resin will be provided
by the Artist, who will also provide the specifications for the resin to the City upon
installation.
One of a Kind: The sculpture is unique and will not be reproduced. The Artist has
produced a maquette which will be given to the City of Palm Springs.
Costs: The $44,790 cost includes all materials to fabricate the sculpture and delivery
from Melbourne, Australia to the Port of Los Angeles.
City Responsibility: The City is responsible for payment of all associated costs for
marine insurance during transport from Australia to the Port of Los Angeles, duties and
port fees at the port of entry, transportation of artwork from the Port of Los Angeles to
Palm Springs, crane rental, lighting fixtures and installation, landscaping at the site,
artist travel and accommodations.
Timeline: The sculpture will be installed after the execution of this Agreement by al'
parties.
EXHIBIT "B"
PUBLIC ART EASEMENT
LEGAL DESCRIPTION
R 10-010
AN EASEMENT LOCATED IN THE SOUTHWEST ONE -QUARTER, OF THE SOUTHWEST ONE -QUARTER,
OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE MERIDIAN, IN PALM
SPRINGS, RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING FROM A POINT ATTHE MOST SOUTHWEST CORNER OF PARCEL 5, OF PARCEL MAP
NO.31968, RECORDED IN PARCEL MAP BOOK 230, PAGES 40-46, OFFICIAL RECORDS, RIVERSIDE
COUNTY RECORDER;
WITH A BOUNDARY LINE EXTENDING EASTERLY FROM SAID POINT NORTH 89"48'13" EAST, AND A
BOUNDARY LINE EXTENDING NORTHWESTERLY FROM SAID POINT NORTH 45°25'24" WEST;
THENCE CONTINUING FROM SAID POINT NORTH 45-25'24" WEST, A DISTANCE OF 7.48 FEET;
THENCE NORTH, A DISTANCE OF 8.83 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 44035'36" EAST, A DISTANCE OF 16.00 FEET;
THENCE NORTH 45°25'24" WEST, A DISTANCE OF 16.00 FEET;
THENCE SOUTH 44°35'36" WEST, A DISTANCE OF 16.00 FEET;
THENCE SOUTH 45"25'24" EAST, A DISTANCE OF 16.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 256 SQUARE FEET, MORE OR LESS, AND IS SHOWN ON THE ATTACHED
EXHIBIT "B", BY THIS REFERENCE BEING MADE A PART HEREOF.
��., 1'ifi
EXHIBIT "B"
4' € PARCEL MAP NO. 31968
74.5'
R/W
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\� N89'48'13W - 180.64' ---
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RAMON ROAD
DATA TABLE
L1
N4525'24"W
4-1.07'
L2
N45' 4
7,48
L3
NORTH
8.83
L4
N4! 25 24
16.00
L5
N44'
16.00
CITY OF PALM SPRINGS
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