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HomeMy WebLinkAboutA6137 - PALM SPRINGS ART MUSEUM - License for SignageII Contract Company Name: Company Contact: Summary of Services Contract Price: Funding Source: Contract Term: Contract Administratior Lead Department: Contract Administrator: CONTRACT ABSTRACT �fzm Palm Springs Art Museum Lisa Vossler, Senior Director of Administration and Operations License Agreement for Placement of Signage on Private Property N/A Fund 160-4515-60143 License Agreement Community & Economic Development (Public Art) Jennifer Henning Contract Approvals Council/ Community Redevelopment Agency Approval Date: Minute Order/ Resolution Number: Agreement No: Contract Compliance Exhibits: Signatures: Insurance: Bonds: February 17, 2010 pb1 Included Included Signage will be added to City Insurance Policy n/a Contract prepared by: Community & Economic Development Department Submitted on: 08-18-11 By: Jennifer Henning RECORDING REQUES i ED 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 P\b\3q LICENSE AGREEMENT FOR PLACEMENT OF SIGNAGE ON PRIVATE PROPERTY This LICENSE AGREEMENT FOR PLACEMENT OF SIGNAG N PRIVATE PROPERTY ("Agreement") is made, entered into, and effective as of a- , 29" ("Effective Date") by and between the CITY OF PALM SPRINGS, a charter city and California municipal corporation ("City"), and Palm Springs Art Museum, Inc., a California Corporation ("Owner"). RECITALS: A. The City Council has approved establishing a Trailhead and Signage Program which authorizes developing standardized trailhead signs to be installed at various trailhead locations within the City. B. Under the City of Palm Springs General Plan, Circulation Element Recreational Trails are an important resource to the City, tourism and the community. On site directional signage should be clear and consistent informing the public about the trails and safety precautions. C. Owner is the owner of certain real property located in the City of Palm Springs at 101 NORTH MUSEUM DRIVE, APN 513110034 ("Property"). D. The City has fabricated signage and desires to have such placed on the Property in accordance with this Agreement and the City of Palm Springs Trailhead and Signage Program. NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions set forth herein, the Parties hereto incorporate the recitals set forth above and further agree as follows: 1. Grant of Access. Owner hereby grants to City a non-exclusive license and permission to enter upon and use a portion of the Property ("License Area"), as shown on Exhibit "B", attached hereto and incorporated herein by reference, for the limited purpose of installing and maintaining a Trailhead Kiosk as depicted in Exhibit "A", attached hereto and incorporated herein by reference. Owner further agrees to allow the public access to view and enjoy the Trailhead Kiosk at reasonable times and in a reasonable manner. 871792.1 City expressly acknowleages that this License is non-exclusive. The License granted herein shall be valid for the term set forth below only, and can be terminated by City or Owner prior to the expiration of the term in accordance with the provisions below. 2. Maintenance. The City shall provide all maintenance necessary with respect to the Kiosk to preserve such in good condition. City shall repair and/or replace any damage to the Kiosk within a reasonable time after discovery or notification by Owner. 3. City Representative. The City Manager or his designee ("City Manager"), shall be the City's designated representative with respect to this Agreement. 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. 4. Indemnification. City agrees to indemnify the Owner, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, or liabilities (herein "claims and liabilities") that may be asserted or claimed by any person, firm or entity arising out of the City's negligence or reckless misconduct in the use of the License Area. The obligations of City under this Section 4 shall survive expiration or earlier termination of this Agreement. 5. Term and Termination. This License shall commence upon the Effective Date and shall continue for a one-year period ("Term"). Upon the expiration of the initial Term, this License Agreement shall automatically renew for successive periods of one (1) year (each being a "Renewal Term") unless either party hereto provides written notice to the other of their intent to terminate this License at least sixty (60) days prior to the expiration of the then existing Term (or Renewal Term). Notwithstanding the forgoing, City or Owner may terminate this License Agreement at any time without cause by giving sixty (60) days' written notice to the other party. 6. 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 signage on the Property or to the use or manner of use of the Property. 2. Successors and Assigns. The rights and obligations of the parties under this Agreement shall be applicable their respective successors and assigns. 3. 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. 4. 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. 871792.1 5. 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. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" By 4AVL VOV Lc. — Iter--,4c44Z6 By: Acting Director Name: Lisa Vossler Smith Its: Owner "CITY" CITY OF Palm Springs a municipal corporation ATTEST: By. City Clerk City Man James Thompson David H. Rea y APPROVED AS TO FORM: APPROVED BY CITY COUNCIL Christina Petterut4l Assistant City Attorney r� •�"l 11 �0 N101,51 77025& 1 EXHIBIT "A" roof sti sleeve 2"xT alumim sq.tube behi top & bottom elements & d top view of center on 4'x4 31 L Description of Trailhead Kiosk ROOF TOP VIEW T of post to go in ground lolal post height 10' 2"x4" aluminum sq.tube to support roof structure Aluminum mesh roof/ w aluminum 2'x2' sq. tubing frame structure (Mill Finish) %faluminum angle on center of 2" to accept mesh typical Aluminum mesh roof/ w aluminum 2'x2' sq. tubing frame structure (Mill Finish) 770258.1 EXHIBIT "B" Trailhead Kiosk Site No. APN OWNER ADDRESS 1 513110034 PALM SPRINGS ARl MI O—M —INC 101 N MUSEUM DR DBA PALM SPRINGS ART M 770258.1 . . :mow. .. ©�f «�� . P��_«� . a "VAN.a� w. a � � STATE OF CALIFORNIA) (n� ) Ss. COUNTY OF I'l- rsfde- ) On ao 1 before me, personally appeared I List, D-,-cAeJ SMAIA , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name( is/W subscribed to the within instrument and acknowledged to me that W/she/may executed the same in Imo' /her/tKr authorized capacity(ies), and that by Wher/tamer signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ��7 0 AA 0 L 1;:�-) Notary Public (SEAL) "$AN t � • 1837316 ft" hm - cworrAl Cowfy 13 770258.1 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On August 22, 2012, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 22nd day of August, 2012. iy fA C4 I FOR�`P» Signatur:)A MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: - License Agreement for Placement of Signage on Private Property A6137 Document Date: August 1, 2012 Number of Pages: 8