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Home My WebLink About11/4/2009 - STAFF REPORTS - 5.D. F ALM SA 4+ V N k C C�aroaAfeo anew F -0`1F09t1 City Council Staff Report DATE: November 4, 2009 New Business SUBJECT: APPROVE A USE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND JOHN WESSMAN OF WESSMAN DEVELOPMENT COMPANY, FOR THE PROPERTY LOCATED AT 123 NORTH PALM CANYON DRIVE FOR THE PURPOSE OF HOLDING THE TWELFTH ANNUAL PALM SPRINGS JURIED ART SHOW FROM JANUARY 22 THROUGH FEBRUARY 14, 2010. FROM: David H. Ready, Executive Director BY: Community & Economic Development SUMMARY On October 15, 2009 at a Special Meeting of the Public Arts Commission, the Commission voted 6/0 to recommend the use of the vacant store front located at 123 North Palm Canyon Drive for the Twelfth Annual Palm Springs Juried Art Show. The show will be held from January 22 — February 14, 2010- The owner of the property, Wessman Development Company, is willing to enter into a Use Agreement with the City for use of the property. RECOMMENDATION: 1. Approve a Use Agreement with John Wessman of Wessman Development Company, for the property located at 123 North Palm Canyon Drive for the purpose of holding the Twelfth Annual Palm Springs Juried Art Show; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Public Arts Commission has expressed the desire to raise the profile of the Annual Palm Springs Juried Art Show, within the community and hold the exhibition Downtown at the property located at 123 North Palm Canyon Drive. FTEM NO. r City Council Staff Report (November 4, 2009) -- Page 2 Use Agreement between the City of Palm Springs and Wessman Development Company for the Property Located at 123 North Palm Canyon Drive The exhibition will be held from January 22 — February 14, 2010. The show will be opened to the public, Thursday — Sunday, during the following hours: 6:00pm — 9:00pm, Thursday and Friday; 12:OOpm — 9:OOpm, Saturday and 12:00pm — 5:OOpm, Sunday. Exhibition hours will be staffed by Public Arts Commissioners who have agreed to volunteer their time for this event. The City will provide a Maxwell Security Officer to be present during operating hours for the duration of the event. No Staff time will be used to operate the exhibition space during the course of the show. Staff contacted the property owner, Wessman Development Company, who has agreed to enter into a Use Agreement with the City for the property at 123 North Palm Canyon Drive; additionally, the owner will waive any compensation fees for use of the property. Staff will be responsible for paying the utilities, maintenance costs and other minor improvements necessary to operate and maintain the premises in good and sanitary order, for the duration of the art show. FISCAL IMPACT: There is no impact to the General Fund. The cost of Palm Springs Annual Juried Art Show shall be made from the Public Arts Account#150-4408-42195. Jennifer HeUnin6 Thomas J. Wilson Community & Economic D v opment Assistant City Manager David H. Ready, D. City Manager Attachments: Use Agreement USE AGREEMENT 123 NORTH PALM CANYON DRIVE THIS USE AGREEMENT ("Agreement") is hereby made as of , 20_ by the CITY OF PALM SPRINGS, a charter city and a California municipal corporation ("City"), and , ("Owner"). NOW, THEREFORE, Provided that all of the terms and conditions of this Agreement are fully satisfied during the term hereof, City and Owner do hereby agree as follows: 1. Description of Owner's Property. The "Property" shall refer to that certain real property located in the City of Palm Springs, County of Riverside, State of California, as depicted on the Plot Plan attached as Exhibit "A" hereof and identified as 123 North Palm Canyon Drive (the 'Property"), Palm Springs, CA, 2. Use of Property. Owner hereby grants to City and its agents and contractors the non-exclusive right to access the Property for the purpose of ingress and egress for purposes of displaying Artwork and allowing the public access to the Site to view and enjoy the Artwork at reasonable times and in a reasonable manner. 3. Maintenance of Property. City shall restore to original condition any part of the Property that City may disturb or damage during its use of the Property. 4, Term. This Agreement shall be effective as of the date first written above, for a term of sixty (60) days and will terminate on , 20_. City reserves the right to cancel this Agreement upon thirty (30) days notice to Owner with or without cause therefor. 5. Compensation. All compensation has been waived. 6. Insurance. A. City shall procure and maintain insurance coverage or evidence of self insurance during the entire term of this Agreement. B. Proof of such coverage, in the form of a letter of self- insurance evidencing sufficient assets to meet the aforementioned requirements or an insurance company issued policy endorsement and a broker-issued insurance certificate, must be received by Owner within ten (10) calendar days from the date of execution of the Agreement, with Owner designated as an additional insured. Page 1 of 4 7. Compliance with Laws. City and Owner shall, in all activities undertaken pursuant to this Agreement comply, and shall cause its contractors, agents and employees to comply with all federal, state, and local environmental, health and/or safety-related laws, statues, orders, ordinances, rules, regulations, plans, policies and decrees. 8. Indemnification. City shall indemnify, defend and hold harmless Owner from and against all claims (including attorneys' fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct by City, its officers, directors, employees and agents, subcontractors or suppliers.in connection with or arising out of the agreed upon activities of this Agreement- 9- Not a Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property. [SIGNATURE PAGE FOLLOWS] Page 2 of 4 The foregoing lerms and conditions are agreed and accepted: CITY OF PALM SPRINGS Dated: , 20^ By: David H. Ready, City Manager APPROVED AS TO FORM: By: Douglas C. Holland, City Attorney WESSMAN DEVELOPMENT COMAPNY By John Wessman Its: Owner Dated: 20_ By: John Wessman, Owner Page 3 of 4 EXHIBIT "A" (The Site) 123 North Palm Canyon Drive Yr �f � i.l' C, r r Page 4 of 4