HomeMy WebLinkAbout11/4/2009 - STAFF REPORTS - 5.C. �O,_pALM$,b
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°q`,F ,P CITY COUNCIL STAFF REPORT
DATE: November 4, 2009 NEW BUSINESS
SUBJECT: APPROVE A LICENSE AGREEMENT BETWEEN THE CITY OF PALM
SPRINGS AND JOHN WESSMAN OF WESSMAN DEVELOPMENT
COMPANY, FOR THE PLACEMENT OF THE SCULPTURE "TOGETHER
AGAIN" ON A PRIVATE PROPERTY LOCATED AT 101 NORTH PALM
CANYON DRIVE.
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
On May 6, 2009 City Council approved a Gift Agreement for the donation of artwork, for
the sculpture "Together Again". The Public Arts Commission is recommending approval
to place the sculpture on a private property located at 101 North Palm Canyon Drive.
The owner of the property, Wessman Development Company, is willing to enter into a
License Agreement with the City for the Placement of Artwork on the property.
RECOMMENDATION:
1. Approve a License Agreement with John Wessman of Wessman
Development Company, for the placement of the sculpture 'Together Again"
on private property located at 101 North Palm Canyon Drive.
2. Authorize City Manager to execute all necessary documents.
STAFF ANALYSIS:
On February 19, 2009 the Public Arts Commission voted 4/0 to recommend accepting
the donation of the sculpture "Together Again" by Marlene Louchheim. The Public Arts
Commission recommended installing the sculpture at the Palm Springs Adult School
located at 333 North Farrell Drive. Staff contacted the Palm Springs Unified School
District and sent a memo to the Superintendents Cabinet. The Superintendents
Cabinet did not approve the request and chose to decline the proposal.
At the April 9, 2009 Public Arts Commission meeting, a motion was made to install the
sculpture at the vacant pad located in front of 1103 North Palm Canyon Drive in the
Uptown District, the motion passed unanimously. At the May 6, 2009 City Council
meeting, the Council voted to defer placement of the sculpture and recommended that
the Public Arts Commission pursue an alternate site. ITEM EM NO.
City Council Staff Report
November 4, 2009 -- Page 2
License Agreement between the City of Palm Springs and Wessman Development Company for the
placement of the sculpture "Together Again" on Private Property
On September 9, 2009 the Public Arts Commission made a motion to place the
sculpture at the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way at
101 North Palm Canyon Drive; the motion passed with a 611 vote. Staff contacted the
property owner, Wessman Development Company, who expressed a willingness to
enter into a License Agreement with the City for the placement of the sculpture on the
property. Wessman Development Company will reserve the right to give the City a 30-
day notice to remove the Artwork if the artwork impedes development of the site.
Staff presented the sculpture and the proposed downtown location, 101 North Palm
Canyon Drive, to the Main Street Executive Board at the September 29, 2009 meeting.
The Main Street Executive Board expressed approval of the proposed location for the
public art. However, the Executive Board did not support the proposed sculpture. A
motion was made to approve the location at 101 North Palm Canyon Drive for the
placement of public art but not support the installation of the sculpture "Together Again",
the motion passed with a 9/4 vote.
The City will be responsible for the installation, landscaping and lighting costs of the
sculpture placement at 101 North Palm Canyon Drive. The cost to install the sculpture
at this location will be approximately $5,000. The Agreement provides that ownership
and maintenance of the artwork remain with the City.
FISCAL IMPACT:
There is no impact to the General Fund. The cost of installation shall be made from the
Public Arts Acc unt #1 0 30-4408-50015.
Jennifer H ing V Thomas J. Wilson
Arts and Special rojects C inator Assistant City Manager
David H. Deady, E .D.
City Manager
Attachments:
Images of Artwork and Site
License Agreement for Placement of Artwork on Private Property
Artwork
"Together
Burlap, polished bronze and silver nickel
Size: 81 e
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Proposed
101 North Palm Canyon Drive
Northwest Corner of Tahq uitz Canyon Way and
North Palm Canyon Drive
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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 of , 2009 by and between the
CITY OF PALM SPRINGS, a municipal corporation ("City") and WESSMAN
DEVELOPMENT COMPANY ("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 '
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. CitV 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 101 North Palm Canyon Drive, 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
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10031019/1S303 02 r9
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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 Assi ns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns.
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.
10N'029 2$303 02
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
WESSMAN DEVELOPMENT
COMAPNY
By John Wessman
Its: Owner
By:
Name: John Wessman
Its: Owner
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
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EXHIBIT "A"
(Artwork)
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Artist: Marlene Louchheim
Title: "Together Again"
Medium: Bronze, Burlap, Mixed Media
Size: 81 x 44 x 45 and 66 x 45 x 34 inches
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1003/019/28303 02
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EXHIBIT "B"
ART WORK SITE
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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)
I UO3/0?9/2ft}03 02 Y