HomeMy WebLinkAboutA8889 - ARTIST AGREEMENT - Jaime O'neilARTIST AGREEMENT
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This Artist Agreement is entered into this 3 day of Me2jd2 20a by and
between the CITY OF PALM SPRINGS, a California 6harter city ("City"),
and ("Artist").
i
Artist hereby grants a royalty free license in perpetuity, to the City, its employees and its
I agents, to make reproductions, photographs and other non -exact reproductions of the
following artwork ("Artwork") for both commercial and non-commercial purposes:
Description: [type, medium,:
Title, Date: Mrm> Q
Dimensions: 4 x
Address/Location(s): /(j, � y� 71
Due to the nature of the Artwork and the public interest of the City, Artist and Artist's
agents, heirs, successors and assigns hereby waive any and all rights and claims they may
have against the City, and its employees, and its agents, under the Visual Artists Rights Act of
1990, 17 U.S.C. §§ 106A and 113(d) ("VARA"), the California Art Preservation Act, Cal. Civ.
Code, §§ 987, 989 ("CAPA"), and any other local, state, foreign or international law, as
currently drafted or as may be hereafter amended, that conveys the same or similar rights
("Moral Rights Laws"), with respect to the Artwork, its display, removal from display, exhibition,
installation, conservation, storage, study, alteration, and any other activities conducted by the
City, its officers, employees, agents, contractors, licensees, successors or assigns. If the
Artwork is incorporated into a building such that the Artwork cannot be removed from the
building without physical defacement, mutilation, alternation, distortion, destruction, or other
modification (collectively, "Modification") of the Artwork, artist waives any and all such claims
under any Moral Rights Laws arising out of or against any current or future owners of the site,
and its agents, officers and employees, for Modification of the Artwork.
The City has the absolute right to change, modify, destroy, remove, relocate, move,
replace, transport, repair or restore the Artwork, in whole or in part, in City's sole discretion.
The City has no obligation to pursue claims against third parties for modifications or
damage to the Artwork done without the City's authorization. However, the City may pursue
claims against third parties for modifications or damage or to restore the Artwork if the work
has been modified without the City's authorization. In the event that the City pursues such a
claim, it shall notify the Artist, and Artist shall cooperate with the City's efforts to prosecute
such claims.
55575.18240\33011843.5
If the City modifies the Artwork without the Artist's consent in a manner that is
prejudicial to Artist's reputation, Artist retains the right to disclaim authorship of the Artwork in
accordance with 17 U.S.C. § 106A (a)(2).
The Artist agrees to indemnify, defend, and hold harmless City, its officers, officials,
employees and volunteers from and against all liability, loss, damage, expense, cost (including
without limitation reasonable attorneys' fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Artwork, or its failure to comply
with any of its obligations contained in this Agreement, except for loss or damage caused by
the sole active negligence or willful misconduct of the City. It is expressly understood and
agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this Agreement. Prior to
commencing any work on the Art, Artist shall provide evidence of insurance of the type and in
the amounts approved by the City's Risk Manager.
IN WITNESS WHEREOF, the parties have entered into this agreement as of the date
first above written.
Date: .--3 �3
Address for Notice:
"ARTIST"
',CITY"
City of Palm Springs
Date: &/15ID3 By: Z A $SMI
Scof+ SFi ICC
4aiefirrrCity Manager
APPROVED AS TO FORM: ATTEST
By: By:
Jeffrey Ballinger Brenda Pree
City Attorney City Clerk
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