HomeMy WebLinkAbout25I026 - Art in Metal USA LLC (Lyle London)Docusign Envelope ID: 7928906D-AC11-4533-8AE2-459E9B3A3EEB
PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT
ARTSCAPE IN THE PARKS -DANCER 6
THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
("Agreement") is made and entered into on this 27th day of November 2024, by and
between the CITY OF PALM SPRINGS, a California charter city and municipal corporation
("City"), and Art in Metal USA LLC (also known as Lyle London) ("Artist").
RECITALS
A.Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission
("Commission") and an Art in Public Places Program ("Program").
NOW, THEREFORE, City and Artist, for the consideration and under the conditions
hereinafter set forth, and pursuant to the authority, terms, and conditions set forth in Municipal
Ordinance No. 1479, and as outlined in Exhibit A Scope of Work and Pricing and Exhibit B
Insurance Requirements agree as follows:
AGREEMENT
1.Ownership of Documents, Models. All studies, drawings, designs, and models prepared
and submitted by Artist to City relative to this Agreement shall become the property of City. City
agrees not to reuse such studies, drawings, and models for the purpose of constructing a full
sized duplicate of the Artwork.
2.Payment. As consideration for the Artwork, City shall pay Artist a total of $50,000 from
Public Art Program funds.
3.Artist's Rights: City's Ownership Rights.
3 .1 Alterations. The City, pursuant to its governmental and proprietary
responsibilities, intends to display the Artwork at the Site as originally created by Artist and to
maintain the Artwork in good condition. The City will preserve complete flexibility to operate
and manage the Artwork in the public's interest. Therefore, City retains the absolute right to alter
the Artwork in City's sole judgment. For example, City may alter the Artwork to eliminate
hazard, to comply with the ADA, to otherwise aid City in the management of its property and
affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right
to cause the Artwork to be installed at an alternate location that City chooses in its sole
reasonable discretion.
3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist
waives any and all rights and claims, arising at any time and under any circumstances, against
City, its officers, agents, employees, successors and assigns, arising under the federal Visual
Artist Rights Act (17 U.S.C. §§ 106A and 113( d)), the California Art Preservation Act (Cal. Civil
Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of
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