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CITY COUNCIL STAFF REPORT
DATE: January 3, 2007 NEW BUSINESS
SUBJECT: AGREEMENT WITH BUSCHLEN MOWATT FINE ART, LLC FOR LOAN
AND TEMPORARY PLACEMENT OF SCULPTURES, BUTCH,
SQUEEZE AND ITHIEL BY ARTIST JOHN CLEMENT AT THREE
DIFFERENT LOCATIONS WITHIN THE CITY: 777 EAST TAHQUITZ
CANYON WAY, REGAL CINEMAS PROPERTY; 538 NORTH PALM
CANYON DRIVE, PALM CANYON THEATRE (CITY OWNED
PROPERTY), AND 2365 TAHQUITZ CANYON WAY, PALM SPRINGS
MALL AT THE SOUTHEAST ENTRANCE ON FARRELL DRIVE.
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
This action is to approve the agreement with Buschlen Mowatt Fine Art, LLC for the loan
and temporary placement of the artwork entitled Butch, Squeeze and Ithiel by Artist
John Clement on private property located at 777 East Tahquitz Canyon Way, Regal
Cinemas property; 2365 Tahquitz Canyon Way, Palm Springs Mall at the southeast
entrance on Farrell Drive and 538 North Palm Canyon Drive, Palm Canyon Theatre
(City owned property). The Owner of each property is willing to enter into a License
Agreement for Placement of Artwork on Private Property. These are prominent Film
Festival locations which have a high volume of traffic and are highly visible to the public.
RECOMMENDATION:
1) Adopt Minute Order No. Approving an agreement with Buschlen
Mowatt Fine Art, LLC for the loan and temporary placement of the sculptures
entitled Butch, Squeeze and Ithiel by artist John Clement at 777 East
Tahquitz Canyon Way, Regal Cinemas property; 538 North Palm Canyon
Drive, Palm Canyon Theatre (City owned property), and 2365 Tahquitz
Canyon Way, Palm Springs Mall at the southeast entrance on Farrell Drive;
2) Adopt Minute Order No. , Approving a license agreement with Tahquitz
Canyon Investors, LLC for placement of Ithiel on private property located at
777 East Tahquitz Canyon Way; and
3) Adopt Minute Order No. , Approving a license agreement with
PSMHop, LLC for placement of Butch on private property located at 2365
Tahquitz Canyon Way; and
4) Authorize City Manager to execute all necessary documents. i
ITEM NO. ��
City Council Staff Report
January 3, 2007-- Page 2
Agreement with Buschlen Mowatt Fine Art, LLC for loan and temporary placement of artwork on Private
Property
STAFF ANALYSIS:
At the Public Arts Commission meeting on October 12, 2006 Buschlen Mowatt Galleries
presented a proposal to loan three (3) steel sculptures created by Artist John Clement
to be placed at a location to be determined in the City of Palm Springs. The Artist John
Clement is a protegee of both of America's most important constructivist sculptors, Mark
di Suvero and John Henry and has rightfully earned his own place on the international
art map. He was also part of the 2006 Hudson River Valley Peekskill Project in the state
of New York which is put on by the Hudson Valley Center for Contemporary Art. This is
a large scale public art project in which artists were selected to create work which was
then placed at about 70 sites around the town and riverfront. Mr. Clement was inducted
into the 2005-2006 Vancouver International Sculpture Biennale and followed with an
unprecedented exhibition of three monumental works at the gateway to Beverly Hills on
Santa Monica Boulevard in the City of West Hollywood, CA. He is also one of 290
artists to be chosen for the Zhengzhou International Sculpture Exhibition in Zhengzhou,
China which is part of the 2008 Olympic Landscape Sculpture Exhibition. The work that
was shown in this exhibition has been purchased by the Chinese Government and
became part of their Public Art collection. John is also one of fifteen artists to have been
chosen to appear at the International Art Center in St. Urban, Switzerland in the
summer of 2007. Additionally, in 1995 he was also the only American artist to be
chosen to participate in the Klenova Sculpture Symposium in Prague, Czech Republic.
The work he created remains in the Czech Republic today.
On November 9, 2006 Buschlen Mowatt Galleries made a formal presentation to the
Commission outlining the terms of the loan. The gallery advised that the pieces were
currently on display in the City of West Hollywood and were to be returned to the desert
on November 20, 2006. The term of the loan would be for a period of up to eighteen
(18) months with a clause that after twelve (12) months the pieces could be removed
with 30 days written notice. If during the duration of the exhibition in the City of Palm
Springs a third party purchase were to occur Buschlen Mowatt Gallery will donate 10%
of the final purchase agreement to the City. During the duration of the exhibition the City
will also have the right to purchase the pieces at a discounted price which could be
negotiated. In the case of a third party offer made on the purchase of the pieces before
the City has chosen to purchase, the City of Palm Springs will be given right of first
refusal to match the quoted price in order to keep the pieces. The Commission did not
make a decision at the November 9 meeting and voted to discuss this item further and
make a decision regarding the loan of the artwork at the December 14 meeting.
On December 14 the Public Arts Commission was presented with a cost proposal and
three (3) site locations for the artwork which had been suggested by staff due to their
association with the Palm Springs Film Festival. The Commission voted to accept the
three (3) proposed locations because they are major sites for the Palm Springs Film
Festival, have a high volume of traffic, are highly visible and would highlight the event
sites in addition to bringing attention to the City's Public Arts Program. The Commission
voted 3-1 to accept the cost proposal and placement at the sites chosen by staff. The
cost proposal covers the employment of an Art Handler, travel expenses,
City Council Staff Report
January 3, 2007--Page 3
Agreement with Buschlen Mowatt Fine Art, LLC for loan and temporary placement of artwork on Private
Property
accommodations, per diem, miscellaneous tool expenses and paint, bringing the total
Administrative Fee to $7,675. The Crane rental cost for relocating the artwork to the
designated sites is estimated to be approximately $500 and would be paid for out of the
Public Arts fund.
The three proposed sites are= 777 East Tahquitz Canyon Way, (Regal Cinemas) at the
landscaped area of the northeast corner of the property; 2365 Tahquitz Canyon Way,
Palm Springs Mall at the concrete pad area located at the southeast entrance on Farrell
Drive and 538 North Palm Canyon Drive, Palm Canyon Theatre on the grassy area near
the front entrance. These are all film festival locations which have a high volume of
traffic and are highly visible. The artwork and proposed locations have been reviewed
by the private property owners/tenants with enthusiasm and they have agreed to enter
into a License Agreement for Placement of Artwork on Private Property for the duration
of the twelve (12) to eighteen (18) month loan period. Due to the time constraints to
install the artwork in conjunction with the Film Festival the Parks and Recreation
Commission has not reviewed the proposed piece to be placed at Palm Canyon
Theatre. At the next Park and Recreation Commission meeting the Public Arts
Coordinator will present the option of having the artwork removed only from the Palm
Canyon Theatre location at the closing of the Film Festival or retaining the sculpture as
a temporary installation at this site for the term of the twelve (12) to eighteen (18) month
Ic�an period.
The Agreement provides that ownership of the artwork remain with Buschlen Mowatt
Fine Art, LLC during the term of the loan to the City of Palm Springs. In accordance with
the Public Arts Ordinance No. 1479 Chapter 3,37 the sites meet the criterias under
Section 3.37080 (a) Art Site Acceptability.
FISCAL IMPACT: Finance Director Review:
There is no impact to the General Fund. The cost of installation shall be made from the
Public Arts Accoun #150-30-4408-50015.
Jennifer enning John Ray pnd, Director of Community
Arts and Special Projects Coo i ator and conic Development
C�7
David H. Ready, it er Thomas J. WH n, Assistant City
Manager
Attachments:
Minute Orders
Artwork Images
Site Locations
Agreement for Placement and Loan of Artwork
License Agreements for Placement of Artwork on Private Property
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AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK
This AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK (Agreement) is
entered into as of mac. g2,-2 by and between the CITY OF PALM SPRINGS,
a municipal corporation (City) and BUSCHLEN MOWATT FINE ART, LLC (Owner).
RECITALS
A. The City has established a Public Arts Program, which authorizes the
placement of works of art on appropriate private and public property, which
encourages public access, and viewing of the artwork.
B. Under the Public Arts Program, artwork may be loaned to the City and a fee
paid for loan term.
C. Owner desires to loan a work of art and have such work of art placed on public
property or private property under an Agreement for Placement of Public Art or
Private Property in accordance with this Agreement and the City of Palm
Springs Public Arts Program as established by Chapters 2.24 and 3.37 of the
Palm Springs Municipal Code (Public Arts Ordinance).
NOW, THEREFORE, for good a valuable consideration, the receipt and adequacy of
which is herby acknowledged, the parties herby agree that acceptance of the loan of the
artwork described below of this Agreement is subject to the following conditions:
1. 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.
2. Loan Fee. City shall pay a loan fee in the amount of SEVEN THOUSAND SIX
HUNDRED SEVENTY FIVE DOLLARS ($7,675.00), payable within thirty (30) days of
receipt of an invoice by Owner. The fee shall cover the costs of employment of Art
Handler, travel expenses, accommodations, per diem, Administrative fee, miscellaneous
tool expenses and paint_ Crane rental costs for relocating the artwork to the designated
sites shall be paid by the City. The loan fee shall be paid from the Public Arts Fund.
3, Loan Term. The loan term shall be eighteen (18) months, with an option by
Owner to remove the pieces after twelve (12) months with a thirty (30) day written notice.
4. The Artwork. The Owner will loan to the City three (3) steel sculptures titled
Squeeze, (approximately 108x108x144 inches), Ithiel, (approximately 108x108x96
inches) and Butch, (approximately 120x108x96 inches) by Artist, John Clement as shown
in Exhibit "A" (the Artwork).
1
5. Location and Site Preparation- The artwork shall be located at three locations:
777 East Tahquitz Canyon Way, (Regal Cinemas) at the landscaped area of the
northeast corner of the property; Palm Canyon Theatre, 538 North Palm Canyon Drive on
the grassy area near the front entrance and Palm Springs Mall, 2365 Tahquitz Canyon
Way at the concrete pad area located at the southeast entrance on Farrell Drive, as
shown in Exhibit "B" (the Sites).
6. Right to Purchase. During the duration of the exhibition the City of Palm Springs
will have the right to purchase the pieces at a price of$65,000 each. In the case of a third
party offer made on the purchase of the pieces before the City has chosen to purchase,
the City of Palm Springs will be given right of first refusal to match the quoted price in
order to keep the pieces.
7. Sale of Pieces. The City of Palm Springs will benefit from any third party sale
during the duration of the exhibition. Buschlen Mowatt Fine Art, LLC will donate 10% of
the final purchase agreement if the pieces are sold during the time of the exhibition in the
City of Palm Springs.
9. Care and Condition_ The artwork is loaned in good condition unless otherwise
noted. The artwork should be examined for condition upon receipt. The artwork shall at all
times be given special care to insure it against loss, damage or deterioration. Should loss
or damage or deterioration be noted, Buschlen Mowatt Fine Art LLC are to be notified
immediately and in detail. It is understood that the artwork covered by this Agreement
shall remain in the condition in which they are received. They shall not be cleaned,
repaired, retouched, or altered in any way except with written permission from Buschlen
Mowatt Fine Art, LLC.
10. Reproduction and Distribution. City may make and distribute, and authorize the
making, display, and distribution of, photographs and any other two-dimensional
reproductions. City may use such reproductions for any purpose, including advertising,
educational, and promotional materials, brochures, books, flyers, postcards, print,
broadcast, film, electronic and multimedia publicity, gifts for City benefactors,
documentation of City's Public Art Collection, and catalogues or similar publications. City
shall ensure that such reproductions are made in a professional and tasteful manner, in
the sole and reasonable judgment of the City. The proceeds from the sale of any such
reproductions shall be used to maintain and support the Artwork or for any other
governmental or charitable purpose as determined at the sole discretion of City.
11_ Indemnification. Buschlen Mowatt Fine Art LLC hereby agrees to indemnify and
hold harmless the City, its officers, agents and employees 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 Buschlen Mowatt Fine Art LLC, its agents, employees
or contractors, or from the existence of the Artwork at the Loan Agreement sites, or
related to this Agreement, including, without limitation, bodily injury to or death of persons,
2
injury or damage to property and attorneys fees, but excluding such Claims or Liabilities
resulting solely from the will misconduct of the City, its officers, agents or employees who
are directly responsible to the City.
3
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
BUSCHLEN MOWATT FINE ART, LLC
A Limited Liability Corporation
Its Z�i,QE�PD7L
"CITY"
ATTEST: CITY OF PALM SPRINGS,
A municipal corporation
City Clerk
City Manager
APPROVED AS TO FORM:
City Attorney
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State of California )
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County of Riverside )
On LJeZG i-i,l o.� l before me,
Date Name and Title of Officer
personally appeared r2�1-� yr 4 ion �N'i ✓1 r
Name(s) of Signer(s')
B-personalfrknown-to-me-
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evidence
to be the person(sj whose name(a)(i/are
subscribed to the within instrument and
acknowledged to me that 6B/s4e/tJ3ey executed
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CYNIHIAA.BERARDI the same in hi�'laer/tl-ieir authorized
Commission M 1645E99
Noteryrubiic-ccjBoa+o s capacity(is&), and that by Ei her/their
RNetslde county signatures(s)on the instrument the person(&), or
Myc0tnM,D (esrebie,2010 the entity upon behalf of which the persons)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary Public
EXHIBIT "A"
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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
LICENSE AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE
PROPERTY
This LICENSE AGREEMENT FOR PLACEMENT OF ART ON PRIVATE
PROPERTY ("Agreement") is entered into as ofC ;�o , 2006 by and between the
CITY OF PALM SPRINGS, a municipal corporation ("City") and TAHQUITZ CANYON
INVESTORS, LLC ("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 purchased 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 License for Display of Public Art, Owner hereby grants and
conveys to the City of Palm Springs a nonexclusive use of the Site (as shown in Exhibit
"B") for purposes of 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
("License"), as described in Exhibit "B"; under the terms described in Section 4(b) of this
Agreement.
2, 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 agrees to maintain the access paths, landscaping and other
improvements to the Site. City shall repair and/or replace any damage to the Artwork
1003/029/28303.02
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.
3. 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.
4. 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.
5. Owner and Representative. The Owner is the owner of certain property
("Property') generally known as Tahquitz Canyon Investors, LLC., as shown on Exhibit
"B" attached hereto and incorporated herein. The Owner has agreed to a License
Agreement 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".
6. 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, with consent of the Owner. The Owner may give the City a
30 day notice to remove Artwork at Owner's discretion.
7. 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.
8. 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, et seq.).
9. Successors and Assigns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns.
1003l029/28303.02
10. 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.
11. 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.
12. 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.
1003/029/28303.02
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
TAHQUITZ CANYON INVESTORS,
LLC
By Samuel E. Rasmussen
Its: Managing Member
By:
Name5�:;:
mu E.issen
Its: Managing Member
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
1003/029/2&103 02
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personally known to me be
the person(-0 whose name(s) is/are subscribed to the within instrument and
acknowledged to me that heisheAhey executed the same in his icFAhe4 authorized
capacity(e-*, and that by histher/their signature(-s"n the Instrument the person(&&, or
the entity upon behalf of which the persorlWacted, executed the instrument.
WITNESS my hand and official seal.
KDLIN J. DURRANi
� ' Naf�MM• *1624130 z
a(" �y, Y Pubhc•California A
San Diego County ° Notary Public
_ My Comrn�xpi�es Nov.22,2009
(SEAL)
1003/029/28303,01
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
LICENSE AGREEMENT FOR
PLACEMENT OF ARTWORK ON PRIVATE PROPERTY
This LICENSE AGREEMENT FOR PLACEMENT OF ART ON PRIVATE
PROPERTY ("Agreement') is entered into as of December 20, 2006 by and between
the CITY OF PALM SPRINGS, a municipal corporation ("City") and PSMHOP, LLC
("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.
S. 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 purchased 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 License for Display of Public Art. Owner hereby grants and
conveys to the City of Palm Springs a nonexclusive use of the Site (as shown in Exhibit
"B") for purposes of 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
("License"), as described in Exhibit "B"; under the terms described in Section 4(b) of this
Agreement.
2. 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 agrees to maintain the access paths, landscaping and other
1003/029/28303.02
improvements to the Site. 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.
3. 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.
4. 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.
5, Owner and Representative. The Owner is the owner of certain property
("Property") generally known as the Palm Springs Mall, as shown on Exhibit °B"
attached hereto and incorporated herein. The Owner has agreed to a License
Agreement 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".
6. 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, with consent of the Owner. The Owner may give the City a
30 day notice to remove Artwork at Owner's discretion.
7. 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.
8. 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.).
9. Successors and Assigns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns.
1003/029128303 02
10. 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.
11. 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.
1Z 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.
A signature page is immediately following.
The rest of this page is intentionally left blank.
1003r029r28303.02
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
PSMHOP LLC,
a Delaware limited liability company
B tephen C. Hopkins
Its: Managing Member
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
10031029/28303 02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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WITNESSJmy hand and official seal.
Place Notary seal Above _
Si atu Notaryt4uhlm
OPTIONA
Though the informal/on below i5 not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Off icer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited C.1 General - V101 ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top or tnumb here ElAttorney in Fact
❑ Trustee Fl Trustee Ton of thumb here
F.7 Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: _ Signer Is Representing:
02004 National Notary Association-9350 De Soto Ave. Pp Box2402-ChaLhvogh,CA 91313-2,102 lern No 5907 Reorder,call Toll-Free 1-800-5758527
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their 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.
Notary Public
(SEAL)
10031029M303.02