HomeMy WebLinkAbout5/6/2009 - STAFF REPORTS - 5.D. iy
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DATE: May 6, 2009 NEW BUSINESS
SUBJECT: APPROVE THE AGREEMENT FOR TRANSFER OF ARTWORK
OWNERSHIP TO THE CITY OF PALM SPRINGS AND
REIMBURSEMENT OF PUBLIC ART IN-LIEU FEES TO THE AGUA
CALIENTE BAND OF CAHUILLA INDIANS FOR ARTWORK BY DOUG
HYDE AND AN AGREEMENT FOR PLACEMENT OF ARTWORK ON
PRIVATE PROPERTY AND GRANT OF EASEMENT FOR PUBLIC ART
BETWEEN THE CITY OF PALM SPRINGS AND LUNDIN
DEVELOPMENT COMPANY.
FROM: David H. Ready, City Manager
BY: Community and Economic Development
SUMMARY
Lundin Development Company, developer of the Ralph's Shopping Center at Sunrise
Way and Ramon Road made a presentation to the Public Arts Commission on June 8,
2006 and received approval for their Public Art Application. Although the Public Arts
Commission approved the artwork, the developer still had to present the work to the
Indian Planning Commission (IPC). Immediately following the Public Arts Commission
approval the IPC reviewed the artwork and denied the application because they felt the
piece was not significant enough for the site as it is one of four prominent corners in
Section 14. The developer worked diligently for over two years to develop artwork that
would meet the requirements of the Section 14 Gateway feature at their center. The
developer put forth his best efforts but could not develop a design that would be
approved by both Commissions. The Developer worked with City staff to move forward
with a simpler alternative to accomplish the goals of the Public Arts Program and the
IPC. Staffs suggestion was to allow the City to keep the in-lieu fees on deposit
($28,049) and work with the IPC on a developing artwork that met the requirements of
the Section 14 Master Plan Gateway Elements. The developer would also grant an
easement to the City to place and maintain the artwork ultimately selected for the site.
The Section 14 Gateway features are a requirement of the Tribe through its Section 14
Master Plan, the Tribe proposed that they advance the cost of developing a design for
these features, in collaboration with the Public Arts Commission and IPC. This
approach would ensure the uniformity and appropriateness of the Gateway features and
make it easier for the developers at all of the gateway corners of Section 14 to apply
ITEM, NO.
S ,�_
City Council Staff Report
(May 6, 2009) -- Page 2
Agreement for Transfer of Ownership and Reimbursement of Public Art Fees and Agreement for
Placement of Artwork on Private Property and Grant of Easement
public art fees generated from their projects. In accordance with the Section 14 Master
Plan Gateway Elements, on September 13, 2007 Tribal Planning Staff submitted design
ideas for the site to the Public Arts Commission and then Tribal Council. The Tribal
Council approved the design and commission of artist Doug Hyde to create all of the
Section 14 Gateway sculptures. Since the Tribe does not have a public art program in
place or the appropriate resources to maintain public artwork, they are requesting that
the City apply the public art fee generated from this project towards the costs to
fabricate and install the artwork. Ownership of the artwork will be transferred to the City
as part of the Public Arts Program.
RECOMMENDATION:
1. Approve an Agreement for Transfer of Artwork Ownership to the City of Palm
Springs and Reimbursement of the Public Art In-Lieu Fee for Artwork to the
Agua Caliente Band of Cahuilla Indians ("Tribe"), in an amount not to exceed
$28,049 from public art fees collected from the Sunrise Place Project.
2. Approve an Agreement for Placement of Artwork on Private Property and Grant
of Easement with Lundin Development Company and Sunrise Place No. 2, LTD.
3. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The developer, Lundin Development Company, of the Ralph's Shopping Center located
at Ramon Road and Sunrise Way selected artwork for this project and made
presentations to the Public Arts Commission and the Indian Planning Commission ([PC)
for approval of their Public Art Application. At that time the Tribe was in the process of
adopting the Section 14 Master Plan and the proposed artwork was denied by the IPC.
The Tribe has decided to commission artwork in accordance with their Section 14
Master Plan which places two types of artwork at the boundaries of Section 14. The
types of artwork are referred to as Type 1 and Type 2 pieces. Margaret Park from the
Agua Caliente Band of Cahuilla Indians presented the Section 14 Master Plan Gateway
Elements Proposal to the Public Arts Commission on September 13, 2007. The
Commission commented and expressed that this presented a great opportunity for the
Tribe to create a landmark sculpture for Section 14.
The Type 1 artwork will be used to demarcate Section 14. Each element is a triangle
shaped column 96" high, 48" wide on each side and finished with a granite veneer in
Absolute Black and the Tribal medallion water jet cut on each side. These will be
located at the four boundary corners of Section 14. The locations are: the intersection of
Ramon Road and Sunrise Way, Ramon Road and Indian Canyon Drive, Indian Canyon
Drive and Alejo Road and Alejo Road and Sunrise Way.
- L
City Council Staff Report
(May 6, 2009) -- Page 3
Agreement for Transfer of Ownership and Reimbursement of Public Art Fees and Agreement for
Placement of Artwork on Private Property and Grant of Easement
The Type 2 artwork will be a single 12' high bronze sculpture of a Cahuilla basket
maker. This will be located at the main thoroughfare entrance of Section 14, Tahquitz
Canyon Way and Sunrise Way in the center median. The Type 2 artwork is meant to
complement the Agua Caliente Women sculpture located at Tahquitz Canyon Way and
Indian Canyon Drive.
As the Type I and II pieces are installed the Tribe would like to transfer ownership of the
artwork to the City. The sculptures would become a part of the City's public art
collection and the City would be responsible for the maintenance of the artwork. In
addition, the Tribe is requesting to be reimbursed the public art fees that are associated
with the development of each site. In this case, the first piece that the Tribe would like
to install is at the Ralph's shopping center- The Tribe would then seek reimbursement
in the amount of $28,049, the fees paid by Lundin Development Company for this
project.
FISCAL IMPACT:
The Finance Department collects and maintains the public art fees collected on all
projects with accounting records established to sufficiently identify and control these
funds. The reimbursements shall be processed through the City's established warrant
payment procedure. There is no negative fiscal impact to the City as the Tribe is
seeking reimbursement for a cost that was paid by Public Art Fees and which is allowed
by the Ordinance. No General Fund money will be used for this project.
Jenni er nn(ng Thomas J. W)lson,
Arts and pecial P ojects Coordl for Assistant City Manager
David H. Ready, Esq., P
City Manager
Attachments:
Section 14 Master Plan Gateway Element Presentation
Agreement for Transfer of Artwork Ownership and Reimbursement of the Public Art
In-Lieu Fee for Artwork.
Agreement for Placement of Artwork and Grant of Easement-
- ��
JP CAL,,
TRIBAL PLANNING & DEVELOPMENT
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Section 14 Master Plan Gateway Element Presentation
to the
Palm Springs Public Arts Commission
September 13, 2007
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'M G A ] I E INDIAN RESERVATION
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SECTION 14 00 MASTER DEVELOPMENT PLAN Type 1 Gateway Concept Plan
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SECTION 14 SPECIFIC PLAN PAGE 5-30
UC
Doug Hyde Sculpture Studio
2030 W Stringfield Road
Prescott, AZ 86305
(928) 776-1485 fax (928) 717-1199
dyhydes, u ptuxestudio@cableone_net
TYPE 1 GATEWAY PROPOSAL
The Salt and Pepper granite boulders from Palm Sprint area with the grinding
holes represent the old ways. Flatten area on boulders for Bronze plaque
information. The granite or columns represent modern growth,tri-angle shaped_
On the columns will be two water jet carved medallions of the Agua Caliente logo.
They are made with a variety of stone to produce the best representation in color of
the logos.
On the third side would be a basket design.
The vehicle traffic will be able to see the logo-emblems and the foot traffic will be
able to see The Basket. A place will be flattened on the granite boulder for a
Bronze statement.
Doug Hyde Sculpture Studio Inc. proposes the following.
I. 4—Triangle shaped columns of block 66" high with each side 48"wide.
? 'Veneer for the columns in Absolute Black granite 3cm—mechanically
Anchored to the block columns.
3. 4—"Salt and Pepper' granite boulders with angular notch cut to go around
the stone columns. Approa3mate size 24" x 24" x 30" with bottom cut and
"matate" holes ground in the boulders+/-3 per boulder.
4. 8—Tribe Medallions water jet cut per drawing provided. Granite and
Limestone materials (Orauge/Brown=Juperana Star granite,Black
Absolute Black Granite,White=Texas Creme Limstone and Yellow=
Selina Gold Limestone.)
5. 4—Basket Medallions water jet cut per drawing provided. Granite and
Limestone materials (Orange/Brown=duperaua Star granite,Black=
Absolute Black granite.)
6. All material installed as per MTA,standard procedure.
7. Lead time for procurement of material,fabrication,approximately 16 weeks
from date confirmed and approved shop drawings_
S. Price includes shop drawings, material,fabrication and delivery to job site.
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Integral Indian Cultural Identification Symbol
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FIGURE S-T 9
SECTION 14 4 � * MASTER DEVELOPMENT PLAN Type 2 Gateway Concept Plan
SECTION 14 SPECIFIC PLAN PAGE 5-3I
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Y Doug Hyde
Sculpture Studios Inc.
TYPE 2 GATEWAY
TITLE: "Basketmaker"or"Young Basketmaker"
MEDIUM: Bronze
DIMENSIONS: 12 feet high
a feet wide
6.5 feet deep
TIME: 9 to 12 months to complete and install
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
AGUA CALIENTE BAND OF CAHUILLA INDIANS
Tribal Planning and Development Department
777 E. Tahquitz Canyon Way, Suite 301
Palm Springs, CA 92262
Space above this Line Reserved for Use by Recorder
AGREEMENT FOR TRANSFER OF ARTWORK OWNERSHIP AND
REIMBURSEMENT OF THE PUBLIC ART IN-LIEU FEE FOR THE,ARTWORK
This AGREEMENT FOR TRANSFER OF ARTWORK OWNERSHIP AND
REIMBURSEMENT OF THE PUBLIC ART IN-LIEU FEE FOR THE ARTWORK
("Agreement") is entered into as of , 2009 by and between the AGUA
CALIENTE BAND OF CAHUILLA INDIANS ("Tribe'), a federally-recognized Indian
Tribe governing itself according to a Constitution and By-Laws and exercising
sovereign authority over the lands of the Agua Caliente Indian Reservation
("Reservation"), and the CITY OF PALM SPRINGS, a municipal corporation
("City').
RECITALS:
A. The City has established a Public Art Fee Program 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 provided or an
"in-lieu"fee may be paid.
C. The Tribe has commissioned a work of art that complies with the
Section 14 Master Plan Type One Gateway Concept Plan.
D. The Tribe desires to transfer ownership of the work of art to the City,
and have such artwork placed on the Reservation at the northwest corner of
Ramon Road and Sunrise Way in accordance with this Agreement, the Section 14
Master Plan, and the City of Palm Springs Public Art Program as established by
Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art
Ordinance").
E. The Tribe also desires to formally request reimbursement in the
amount equal to the public art in-lieu fee paid by the Ralphs Shopping Center
located at the northwest corner of Ramon Road and Sunrise Way as
compensation for the work of art.
NOW THEREFORE, to comply with the requirements of the Section 14
Master Plan and the Public Art Ordinance, and for good and valuable
consideration, the parties hereto hereby agree as follows:
a
1. Tribal Representative. The Chief Planning and Development Officer
or his designee ("Contract Officer"), shall be the Tribe's designated representative
with respect to this Agreement. The Contract Officer shall have the authority to
give approvals or consents required hereunder and to otherwise act on behalf of
the Tribe for purposes of this Agreement.
2. Agreement to Commission Work of Art. The Tribe commissioned
Doug Hyde Sculpture Studio ("Artist") and received a work of art described as one
of the four Section 14 Master Plan Type One Gateway Elements, as shown on
Exhibit °A" ("Artwork")_ The Tribe has held sole responsibility with respect to the
contract entered into for the commissioning of the Artwork ("Contract") including
responsibility for all payments totaling $62,500.
3. Transfer of Ownership. This Agreement serves as formal
acknowledgement of transfer of ownership of the Artwork to the City.
4. Duties of Ownership. Upon transfer of ownership, the City shall
install the Artwork at the southeast corner of the property generally known as the
Ralphs Shopping Center, as shown on Exhibit "B" ("Site"). The City shall provide
for the installation of the Artwork on the Site including, without limitation,
constructing any improvements necessary for displaying the Artwork.
5. Reimbursement of the "In-Lieu" Public Art Fee. In return for the
transfer of ownership of the Artwork from the Tribe to the City, the Tribe shall be
reimbursed an amount equal to the in-lieu public art fee of $28,049 that was
collected as a Condition of Approval for the Ralphs Shopping Center, less any
expenses incurred by the City for the installation of the Artwork.
6. Default.
(a) Cure Rights. In the event of any default or breach of any of
the covenants or conditions contained in this Agreement by the City, the Tribe
shall have all rights and remedies permitted at law or in equity including, without
limitation, the remedy of specific performance. Additionally, in the event that the
City has not cured any curable default hereunder within thirty (30) days after
written notice from the Tribe of such default, the Tribe shall have the right to cure
such default and charge the City with the cost thereof, including all costs incurred
in connection with enforcing this Agreement or in collecting such amounts from the
City.
(b) Location and Removal of Artwork. In the event that the
Artwork is removed from the Site, ownership of the Artwork will revert back to the
Tribe and this Agreement shall be terminated.
7. Identification. The Artwork shall be identified by a plaque stating, at
a minimum, the Artist's name, the title, the date the Artwork was completed, and
stating that the Artwork was funded by the Ague Caliente Band of Cahuilla Indians
and the City of Palm Springs Public Arts Program. The Tribe shall be responsible
for the creation and installation of the identification plaque.
2
s. Maintenance. The City shall be responsible for all maintenance
necessary as recommended by the Artist with respect to the Artwork to preserve
such Artwork in first class condition. The City shall repair and/or replace any
damage to the Artwork within fourteen (14) calendar days of such damage being
discovered. In the event any graffiti is discovered on the Artwork, the City shall
remove such graffiti on the day it is discovered. So long as the Artwork remains
on the Site, the City shall keep, maintain, repair and replace the Artwork in a good,
clean and first class condition and of the highest quality. Materials used to restore,
repair or replace any portion of the Artwork shall be of equal or better quality than
the original materials used in the Artwork. When necessary, the City shall consult
the Tribe and the Artist to determine the best methods of such restoration or
repair. All such maintenance, repair, replacement and restoration shall be at the
sole cost of the City. In addition to ail other remedies provided by law, in the event
the City fails to maintain the Artwork, upon reasonable notice, the Tribe may
contract the Artist to perform all necessary repairs, maintenance or secure
insurance, and charge the City for the costs thereof.
9. Indemnification. The City hereby agrees to indemnify, defend and
hold harmless the Tribe, its 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 the 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 solely from the willful misconduct of the City, its
officers, agents, representatives or employees who are directly responsible to the
City.
10. Rights to Artwork. All copyrights to the Artwork shall be transferred
to the City together with the Artwork. Artist and the City shall share copyright to
the Artwork with the Tribe in accordance with the terms and conditions set forth in
Exhibit "C" attached hereto ("Copyright Agreement")_
11, Attorneys' Fees. In the event that any action or proceeding is
instituted for the interpretation or enforcement of this Agreement, the prevailing
party in such action or proceeding shall be entitled to recover from the other party,
all costs and expenses related to such action or proceeding, including, without
limitation all attorneys' fees and expert witness fees, both at trial and on appeal.
12, 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.
13. Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
3
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endorsement thereon and in each such instance executed on behalf of each party
hereto.
14. 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.
[SIGNATURES ON NEXT PAGE]
4
AQUA7ALM
BAND OF CAHUILLA INDIANS
By: Date:
ng & Development Officer
CITY ORINGS
By: Date:
City Manager
ATTEST:
By: Date:
City Clerk
APPROVED AS TO FORM:
By: Date:
Agency Counsel
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �r e U1��.�
On r.,rr+ iA before me, �l.11l? _F , `4'-" f tLPL
on'o �•Nur-Inver Hamm antl IIIm c•t cOPO :
personally appeared �7�� �� J Namotl��iarcy�
who 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
helsha4l4ey executed the same in hisllvo0A4*authorized
capacity(te�*, and that by his/iter*r6rr signature(,)on the
instrument the person(,), or the entity upon behalf of
•1Wd2it which the person(} acted,executed the instrument.
r�otoly rcnYc-cattrorNa
Rlre1111f0e 16carrty - I certify under PENALTY OF PERJURY under the laws
utycCMI.EvIlft .sot of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature 1 `
PIWce Notary Scal lbwv tgn Aim m fi=p PvCI¢
OPTIONAL
Yhcugh the intormstion¢alvs,is n o I required by lac,,it may prove valua !e to per,ons ralying on the document
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EXHIBIT A
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EXHIBIT "C"
(COPYRIGHT AGREEMENT)
This COPYRIGHT AGREEMENT ("Agreement") is entered into as of
, 2009 by and between the AGUA CALIENTE BAND OF
CAHUILLA INDIANS ("Tribe), the CITY OF PALM SPRINGS ("City"), and Doug
Hyde Sculpture Studio, ("Artist").
The Tribe has commissioned a work of art ("Artwork") created by the Artist
and more particularly described in that certain Consulting Services Agreement
dated December 14, 2008, by and between the Tribe and Doug Hyde Sculpture
Studio. The Artist hereby acknowledges the Consulting Services Agreement.
Artist has delivered the completed Artwork to the Tribe and the Tribe has accepted
the Artwork.
Pursuant to the Consulting Services Agreement, the Artist has transferred
all rights under applicable copyright laws to the Artwork to the Tribe. Artist and
Tribe hereby agree to share copyright to the Artwork and hereby transfer, convey
and assign to the City the right to make reproductions, photographs and other two
dimensional, less than full-scale, non-exact reproductions of the Artwork for both
commercial and non-commercial purposes.
The Artist warrants that the Artwork is one part of a=unique and single-
edition suite of pieces, and that the Artist will not execute or authorize another to
execute another work of substantially the same design as the Artwork. The
covenants and warranties of the Artist shall be binding on the Artist's heirs and
assigns.
Due to the nature of the Artwork and the Site on which it is to be placed and
the public interest of the City, Artist and his/her agents, heirs, successors and
assigns hereby waive any and all rights they may have under the California Art
Preservation Act, as set forth in California Civil Code Section 987. The Artist,
his/her agents, heirs, successors and assigns also agree to not 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement as
of the date first above written_
AGUA A IE T BAND OF CAHUILLA INDIANS
By: Date:
Chij P ann ng & Development Officer
CITY OF PALM SPRINGS
By: Date:
City Manager
ARTIST q
By: Date: U l
Doug Hyde Sc Ip re Styr is
9
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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
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND
GRANT OF EASEMENT
This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY
("Agreement") is entered into as of , 2009 by and between the CITY OF
PALM SPRINGS, a municipal corporation ("City") and LUNDIN DEVELOPMENT,
COMPANY and SUNRISE PLACE NO. 2, LTD ("Owner").
RECITALS:
A. The City has established a Public Arts Program as established by
Chapters 2.24 and 3.37 of Lhe 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 acquired 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 Easement for Display of Public Art. Owner hereby grants and
conveys to the City of Palm Springs an easement for permanent use of the Site (as
shown in Exhibit "B") for purposes of locating and 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 ("Contract"), as described in Exhibit "B".
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
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 Sunrise Place No. 2, LTD_, as shown on Exhibit "B"
attached hereto and incorporated herein. The Owner has agreed to Grant an Easement
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 and the Agua Caliente Band of
Cahuilla Indians ("Tribe").
7. Insurance. The City shall procure and maintain, at its sole cost and
expense, in a form and content consistent with industry standards, with an insurer
qualified to do business in California and rated "A" or better in the most recent edition of
Best Rating Guide with a financial class category of Class VII or better, unless such
requirements are waived by the Risk Manager of the City, during the entire term of this
Agreement and at all times while the Artwork is located on the Site.
8. 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.
2
1003/029/28303 02
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9. 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.).
10. Successors and Assigns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns_
11. 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.
12. 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.
13. 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.
1003/029/28303.09 [
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
OWNER: Lundin Development
Company
MANAGER: Sunrise Place No. 2, LTD.
By:
Name: Leonard H. Lundin
Its: Managing Partner
By:
Name: Gregory W. Bever
Its: Managing Partner
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
4
1003/029/28303 02
EXHIBIT "A"
(ARTWORK)
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Completed Sculpture
EXHIBIT "A"
(ARTWORK)
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it
Sculpture Base
EXHIBIT "B"
PUBLIC ART EASEMENT
Being a portion of Parcel 5 of Parcel Map 29638, recorded in Parcel Map Book 204,
Pages 10-13, inclusive, official records of Riverside County Recorder, located in the City
of Palm Springs, California, in said county, and more particularly described as follows:
Commencing at the Northeast corner of Parcel 5, of said tract, thence South 00°06'42"
East, along the east property line of Parcel 5, a distance of 146.10 feet,
Thence leaving said east property line, South 89032'17" West, a distance of 10.28 feet,
to the True Point of Beginning;
Thence continuing South 89'32'17"West, a distance of 19.00 feet
Thence South 46°49'38"West, a distance of 19.08 feet;
Thence South 0027'43" East, a distance of 18.67 feet;
Thence North 89032'17" East, a distance of 9.67 feet;
Thence North 46°49'38" East, a distance of 31.58 feet;
Thence North 00027'43" West, a distance of 10.42 feet, to the True Point of Beginning.
Said easement contains 708 square feet(more or less).
EXHIBIT " B"
P.O.C.
50 '
PARCEL 5 ROW II III
PM 296JS I� II III
PUB 204/1 0- l 3
II ,
II �
II T.P.O.B_
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PARCEL MAP 29638, PM BOOK 204, PAGE 10-13, R.C.R_
DESIGN BY: SCALE: FILE NO.:
FUP NTS R 09-007B
PUBLIC ART EASEMENT
CHECKED BY: DATE SHEET NO.:
04/06/09 1 OF 1
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)
1003/029/23303 02