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Home My WebLink AboutA8987 - CHRISTOPHER MYERS (DESERT X)This License Agreement for Temporary Public Exhibition of Sculpture ("Agreement") is entered into on April 2 8,2021, by and between the City of Palm Springs, a California charter city ("City") and Christopher Myers, represented by Desert Biennial [dba Desert X] ("Desert X) for display of a sculpture entitled "The Art of Taming Horses" ("Sculpture") by Christopher Myers to be displayed as part of Desert X 2021. RECITALS The Palm Springs Public Art Commission and Palm Springs City Council have approved a temporary exhibition of Desert X's Sculpture to be located on the Tahquitz Canyon Way median between Sunrise Way and El Cielo Road on the following six (6) existing concrete pads: two pads on either side of Saturmino Drive; two pads between Sunset Way and Farrell Drive; one pad just west of Louella Road; and one pad just west of Civic Drive ("Exhibition Site"), more specifically shown in the map attached hereto and incorporated herein by this reference as Exhibit "A." THEREFORE, the City and Desert X agree as follows: 1. License Subject to the terms and conditions of this Agreement, the City hereby grants to Desert X a non-exclusive license to use the Exhibition Site from March 12, 2021 through July 6, 2021 ("Exhibition Period") for the purpose of installing and displaying the Sculpture. 2. Desert X's Responsibilities for Transportation, Installation, Removal, and Maintenance Transportation of the Sculpture to and from the Exhibition Site, installation, and maintenance shall be the responsibility of Desert X. Desert X shall maintain, or cause to be maintained, the Sculpture in first class condition and shall repair and/or replace, or cause to be repaired and/or replaced, any damage to the Sculpture within seven (7) calendar days of such damage being discovered. In the event any graffiti is discovered 1 on the Sculpture, Desert X shall remove, or cause to be removed, such graffiti on the day it is discovered. All such maintenance, repair, replacement, and restoration shall be at the sole cost of Desert X, without any expectation of contribution or reimbursement by City. If the Sculpture sells during the Exhibition Period, Desert X shall remain responsible for removal of Sculpture at the end of the Exhibition Period. If Desert X fails to remove Sculpture from the pads within fourteen (14) days of the termination of the Exhibition Period, the City will remove and dispose of Sculpture as necessary and Desert X will pay the reasonable cost for this removal. 3. Ownership The Desert X retains all ownership rights in the public art exhibit. 4. Reproduction Rights Desert X hereby grants a royalty free license in perpetuity to City, its employees and its agents, to photograph, film, videotape, or otherwise depict the Sculpture at any time during the Exhibition Period and to use such photographs, film, videotapes, or depictions at any time thereafter for non-commercial purposes. Such reproduction and images which feature the Sculpture as art for publicity, promotion, and educational purposes shall, to the extent reasonably possible and appropriate, give reference to Desert X. Reproduction and images of Sculpture in which the purpose of the reproduction or image is predominantly unrelated to the Sculpture shall not require reference to Desert X. Desert X and his agents, heirs, successors, and assigns hereby waive any and all rights they may have against the City, and its employees, and its agents, under the California Art Preservation Act, as set forth in California Civil Code Section 987, and any similar laws, such as the Federal Visual Rights Act, if applicable. Desert X, his agents, heirs, successors and assigns also agree to attempt to defeat this waiver by cooperating with any other person or organization which seeks to bring an action under California Civil Code Section 989 or any similar law, if applicable. 5. Indemnification. Desert X shall indemnify, defend and hold the City, its officers, directors, agents, employees, volunteers and any other person acting for or on behalf of the City (collectively, the "Indemnified Parties") harmless from and against any and all costs, claims, losses, damages, causes of action and liability which may arise by reason of 2 any occurrence attributable to or arising out of the City, its officers, employees, agents, and contractors' exercise of or failure of performance pursuant to this Agreement or the actions performed hereunder; including without limitation, any claim or cause of action for injury to or death of any person or damage to any property arising out of any such occurrence during the term of this Agreement. The City has no liability or responsibility for any cost, claim, loss, damage, action or liability arising from actions performed under this Agreement except to the extent that such cost, claim, loss, damage, action or liability was caused by the sole negligence or willful misconduct of any of the Indemnified Parties. The City shall have no liability to Desert X arising from, or in any way related to, occurrences within the scope of the above indemnity set forth in this indemnity provision, except to the extent caused by the sole negligence or willful misconduct of an Indemnified Party. This indemnity provision shall survive the termination of this Agreement. 6. Entire Agreement This Agreement represents the entire Agreement between City and Desert X and no other representations, whether oral, written or implied, have been made nor may be relied upon by either City or Desert X. This Agreement may be modified only by writing made after the date of this Agreement and signed by both City and Desert X. 7. Governing Law This Agreement is entered into in and shall be governed by the laws of the State of California. Venue shall be in Riverside County. 8. Miscellaneous Provisions. This Agreement shall be binding on the successors and assigns of the Parties. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Desert X has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. This Agreement may be signed in counterparts, each of which shall constitute an original. 3 CITY OF PALM SPRINGS \WIA. Dated:— Justirkbifton, City nager Christopher Myerq, represen ed Desert X: r / � Jenny Gil, D.4sert * E)qftutive D APPROVED AS TO FRM: Je ey Efaflingeefifity Attorney im April 28, 2021 EXHIBIT "A" Map of Exhibition Site Artist Project Christopher Myers Christopher Myers Born 19741 New York, NY Christopher Myers is a multidisciplinary artist whose projects manifest in visual art, theatre, and literature. Through a practice deeply rooted in collaboration, Myers mines the intimate dimensions of the global, creating works that unveil relationships between distinct peoples and places. Artist's Website Christopher Myers I A/tanviro and Loper On six stations along Tahquitz Canyon stand sculptures with draping banners that tell the story of two ranchers —one Mexican and one African -American —whose personal adversities and love for raising horses lead them to creating a welcoming commune in the place that would eventually become Palm Springs. While the story is fictional it speaks broadly to the truths that exist in the slippage between history and mythology. Altanviro stands in for the thousands of Mexican migrants who've come to call the Coachella Valley home and Loper reminds us that long ago many who fled bondage in search of freedom traveled South, perhaps even through this desert, on their way to free townships along Mexico's northern border. This story of acceptance, although never perfect, echoes amongst many communities who have found a welcoming home in this place. 12" n o a D 54" 6 tl o -- tltl Sxex1' 30, �'= ►iadk°�'.��Fi' m x� walk,-4i4AM r�UL m� r7 IV Is 1.5 •.I ri1]J. s�1t- ' - I .'-� i � • �r�• y � M IAri � •� �[P# � •� ��I-Tl�,� �i r' • ��.��, � • � ; .} F Artwork Installation Specs: Column height: -10 foot Column size: 4" round tube with 3/16" wall Base plate per leg: 4"x8"x1" The flag height: -4 foot tall Four 5/8" bolts per plate epoxied to the concrete Placed 6" from the center of the bolt to the edge of the concrete, so the center of the pole will be -10"-12" from the edge of the concrete Brooklyn, April 28, 2021 Christopher Myers, (hereinafter "Artist"), 967 Lafayette Ave Brooklyn, NY 11221 agrees to be represented by Desert Biennial [dba Desert X] ("Desert X") for the License Agreement for Temporary Public Exhibition of Sculpture ("Agreement") entered into on April 28,2021, by Artist represented by Desert X and the City of Palm Springs, a California charter city ("City") for display of a sculpture entitled "The Art of Taming Horses" ("Sculpture") by Christopher Myers in the City as part of Desert X 2021. Christopher Myers, Artist