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5/2/2018 - STAFF REPORTS - 1L
��EPALMSA� �y � a V N ■ c40 POIR ,P CITY COUNCIL STAFF REPORT DATE: May 2, 2018 CONSENT CALENDAR SUBJECT: AGREEMENT FOR PLACEMENT OF PUBLIC ARTWORK TITLED "ISABELLE" ON PRIVATE PROPERTY AND GRANT OF EASEMENT BETWEEN THE CITY OF PALM SPRINGS AND DTPS C-15, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FROM: David H. Ready, City Manager BY: Community & Economic Development SUMMARY This action will approve an Agreement with DTPS C-15, LLC, a California limited liability company, to facilitate the permanent placement of privately owned public art within the property identified as "Block C" of the Downtown Palm Springs Project, in the public paseo between the Rowan Hotel and the retail commercial building at the northwest corner of N. Palm Canyon Drive and Tahquitz Canyon Way. RECOMMENDATION: 1. Accept the public artwork identified as "Isabelle" located at 100 West Tahquitz Canyon Way at Block C of the Downtown Revitalization Project; 2. Approve Agreement No. , An Agreement for Placement of Artwork on Private Property and Grant of Easement between the City of Palm Springs and DTPS C- 15, LLC, a California limited liability company; 3. Authorize the City Manager to execute all necessary documents; and 4. Direct the City Clerk to record the Agreement. BUSINESS PRINCIPAL DISCLOSURE: A search of records available through the Secretary of State of California shows that Articles of Organization were filed for DTPS C-15, LLC, a California limited liability company, on June 19, 2015, listing John Wessman as the corporate agent; subsequently, on April 28, 2017, a Statement of Information was filed listing Michael Braun as the single manager. On August 28, 2017, a new Statement of Information was filed listing Michael Braun and Octavio Fernandez as the managers or members. REM NO. _ City Council Staff Report May 2, 2018-- Page 2 Agreement for Placement of Artwork and Grant of Easement Isabelle According to a statement provided by Michael Braun on December 6, 2017, DTPS C- 15, LLC, is managed by Michael Braun and Octavio Fernandez, and is owned 100% by Palm Springs Promenade, LLC, a California limited liability company, ("PSP"), with Michael Braun as the sole manager of PSP. Grit Development, LLC, (formerly Wessman Holdings, LLC) owns 91% of PSP with the remaining interest held 8% by Michael Braun, and 1% held by PS Promenade, Inc., (owned by the Wessman Family Trust with Sandra Wessman and Michal Braun serving as co-trustees). BACKGROUND: The purpose of the Palm Springs Public Arts Program is to develop and maintain a visual arts program for the residents and visitors of Palm Springs, to add to the economic viability of the community, and to enhance the environment and unique character of Palm Springs by providing for the acquisition and maintenance of quality works of public art. To support the public arts program, the City established public arts fees and the Public Arts Fund wherein public arts fees are deposited along with such other funds as may be appropriated by the City Council or donated to the City for expenditures in conjunction with the Public Arts Program. The Public Arts Program is codified in Chapter 3.37 of the Palm Springs Municipal Code (PSMC), and requires that all works of construction or rehabilitation for which a building permit is required shall pay a "public art fee" whereby those fees are collected by the City to support the Public Arts Fund. Section 3.37.070 of the PSMC requires that an owner of property subject to a building permit has the option to either: (1) place artwork on its property, or (2) pay the public art fee in lieu of placing artwork. Payment of the public art fee is made at the time a building permit is issued. In certain circumstances, an owner elects to place artwork after the payment of public art fees, which may be reimbursed up to the amount paid, not to exceed the total cost of the artwork. In those cases where an owner chooses to install artwork in lieu of payment of public art fees, a contract is required between the City and the owner outlining terms and conditions for the City's acceptance of the privately owned — publicly accessible artwork in lieu of payment of public art fees. STAFF ANALYSIS: From 2014 through 2017, several building permits were issued for various commercial buildings located throughout the Downtown Palm Springs Project, including the buildings located on Blocks A, B, and C, and the Rowan Hotel. At the time these building permits were issued, the City charged and collected a public art fee in accordance with terms and conditions of the Public Financing Agreement entered into between the City and PSP. In reviewing these building permits, staff concluded that a total of $96,000 was collected in accordance with the Palm Springs Public Arts Program, to be used for public art purposes. 02 City Council Staff Report May 2, 2018 -- Page 3 Agreement for Placement of Artwork and Grant of Easement Isabelle The original approved master landscape plan for the Downtown Palm Springs Project identified a water feature to be located along the main paseo walk between the Rowan Hotel and the commercial retail building located on Block C, as shown in the figure below. ROOF O BAR / RESTAURANT / RETAIL RESTA FUNCTION FITNESS POOL „ Paseo .................. - - w _ O ........... V Ir d In 2017, Michael Braun as manager of Grit Development, LLC, the current master- developer of the entire Downtown Palm Springs Project, and manager of DTPS C-15, LLC, the owner of the parcel on which Block C is constructed (the "Developer"), requested that the City consider allowing him to install public artwork at the location of the water feature. In late 2017, a joint ad-hoc meeting of the sub-committees of the Planning Commission (HirschbeinNderemiuk) and City Council (Mills/Roberts) was held to consider the request to replace the water feature with public artwork. The ad-hoc committees agreed that the public artwork could be installed on the condition that a new water feature is installed as part of the Virgin Hotel project. The request for public artwork was submitted to the City's Public Arts Commission for consideration at its September 14, 2017, meeting. The Commission reviewed, and by unanimous vote, approved the public artwork to be installed on private property, pursuant to the City's regulations for privately owned public artwork. A copy of the presentation made to the Commission for the public artwork is included as Attachment 1, and a copy of the Commission's minutes is included as Attachment 2. The Artist, Julian Voss-Andreae, is a German sculptor based in Portland, Oregon. Starting out as a painter he later changed course and studied physics, mathematics, r City Council Staff Report May 2, 2018 -- Page 4 Agreement for Placement of Artwork and Grant of Easement Isabelle and philosophy at the Universities of Berlin, Edinburgh and Vienna. Voss-Andreae pursued his graduate research in quantum physics, participating in an experiment considered one of the modern milestones of unifying our everyday intuition with the world of quantum physics. He moved to the United States to study Sculpture at the Pacific Northwest College of Art from where he graduated in 2004. Voss-Andreae's work has quickly gained critical attention. His sculpture, often inspired by his background in science, has captured the attention of multiple institutions and collectors in the United States and abroad. Recent institutional commissions include large-scale outdoor monuments for the University of Minnesota and Rutgers University in New Jersey. Voss-Andreae's work has been featured in print and broadcast media worldwide. The sculpture is made of stainless steel and is 7'9" tall; with a 9' x 9' circular base. The orientation of the piece is such that the direction of the gaze, the disappearing angle, is rotated 15 degrees counterclockwise from the direction of the buildings (the orientation of the Paseo) to point towards the opening of the plaza to the figure's left. F: 0 City Council Staff Report May 2, 2018 -- Page 5 Agreement for Placement of Artwork and Grant of Easement Isabelle The sculpture was officially installed and unveiled on March 29, 2018. r - � M1t 1 r f�/j •fix �'" „ r In accordance Chapter 3.37 of the PSMC, the artwork meets the City's criteria for public artwork under Section 3.37.080 (a) Art Site Acceptability; and Section 3.37.090 (a) Criteria for Artwork Selection. The artwork was produced and installed at a cost of $188,562.50 ($175,000 plus $13,562.50 sales tax). The Artist's invoice is provided as an exhibit to the proposed agreement, including written confirmation from the Artist that he's been paid in full and that no additional funds are owed for the public artwork. City Council Staff Report May 2, 2018-- Page 6 Agreement for Placement of Artwork and Grant of Easement Isabelle The Developer has paid into the Public Arts Fund $96,000 which is less than the total cost of the public artwork. In this case, with the City's prior approval to allow placement of privately owned public artwork on private property, the public art fees were refunded through direct payments to the Artist via his gallery. The total value of the public artwork exceeds the amount of the Developer's payments into the Public Arts Fund by approximately $93,000. To ensure the City's rights and remedies in the event the public artwork is not maintained according to the City's standards for public artwork, the City requires an Agreement for Placement of Artwork on Private Property and Grant of Easement (the Agreement), included as Attachment 3. The Agreement provides that the artwork shall not be removed from the site without the prior written approval of the City. If the artwork is destroyed, removed from the Site or improperly maintained by Developer, the City may either require the Owner to (i) pay the art in lieu fee to City or (ii) replace the artwork with substitute artwork of a comparable quality and value as determined in the sole discretion of the City. If the artwork is not maintained in the manner prescribed, in addition to all other remedies provided by law, the city may, upon reasonable notice, perform all necessary repairs, maintenance, secure insurance, or take such legal or other action deemed necessary to have the artwork maintained and if necessary, restored, and the costs therefor shall become a lien against the real property. An easement for public access is also required to enable the public to view and enjoy the artwork at reasonable times and in a reasonable manner. In addition, a Copyright Agreement is included with the Agreement which provides the City, Artist, and Developer shared copyright to the artwork. ENVIRONMENTAL IMPACT: The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to consider approval of an agreement for maintenance of privately owned public artwork, and is exempt from CEQA pursuant to Section 15378(b), in that a "Project" does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: No impact; the public art fees paid by the Developer were utilized in accordance with Chapter 3.37 of the PSMC. The City did not incur any cost, and is not purchasing the artwork. All costs associated with the public artwork were paid by the Developer. 06 City Council Staff Report May 2, 2018-- Page 7 Agreement for Placement of Artwork and Grant of Easement Isabelle SUBMITTED: e76 Marcus Fuller, P.E., M.P.A., P.L.S. Jay V ra , Director Assistant City Manager Com u ty & Economic Development David H. Ready, Esq., P City Manager Attachments: 1. Public Arts Commission Presentation 2. Public Arts Commission Minutes 3. Agreement Attachment 1 sbuiadS WIpd luauadolanaQ JiaE) aanldln :)s b aol jr)sodojj apaapud-sson ubiInr „do ologd „ o @woD@q of joiju@Iod agj glinn aniaQ wnasnw ol ozold aqj woaj Aonn110nn aqj ui uoIJoD01 o aol aanldlnDs d L 4- j u 0 1 Q 0 Q� Q N 0 E (30 c- Q C) ti- O D O E N Ln Q� k y w � f I ski J`` s � #, _ Azr J r • rt. •s., ,>ry ,, i ',. 1 D . ti IF %rAil I c R+r r ll 't F, f;��l�6i+,y.: r`J Z�y�G.' Y'�_ a ,• _ + } y w w M t ` goal. 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BYIErdo Rao - GRAND OPENING NOVEMBER 2017 . +;YY fP 9.4 HS'�� ( A w Pfx1�AMf � FLITIRE VIROIN NOTE GRIt eU1tO NG PAWRING •� lC � iFL i-v...o v:. �artnl•K urt w�Jm. �T7 Fn ) t / GRIT s r- DEVELOPMENT �T r y� I• � � � _ nm ox WFIAI 31AVNANI ` ] AIL/REBTAVRAN MIIIEUUO •.v v v. �. � —' _. � �•µ'=�� rrn..m ��l I ua..Ynri &&" r►J .? o.ms halo. & .r ,vrs.nzr�wr.c 0 T... 50- 200 ilrl.In SCALE-50- / CA L a / CWT • • ►HAL All . • i 1 i f: �,. � �i �.r=_ w a �■ — ;� iv — —1 • g 'IU •" .ea::. I , mmmoI ls'ir• � �� r W ,ff,9�' ra . 7 � i' Based on the idea of the iconic and world famous " Mermaid of Copenhagen " Voss-Andreae developed a cm, seated figure that will diss- apear as visitors approach from the Plaza . The sculpture will rest on a circular base that can be used as a bench . She will become photo-op and meeting point. .. p , , . , . � ..� _ , � J 1 r- .m. _ _ ` � , � ..s _ � ,, � - �� /' �, � s_- j -_i � /{' � ,� � � � �,l i� � .�L� , ' �� � �},� � � � � F i � � z � �; , , , s� l � r °-* � , r� � °� l ,` " , ° i ; ; � � ,�-�` y � j '\'�) { ;° �;:,-.: ,-4 cn I t I , it �i 1~ I e - t S Wit ' ,till 3 �' .e S �IOIV ' k ,� ',. y ,,. .. _�� .�.v - _ _ .___ 53 r� cA � r t t:. y r .g 7 I � `� R y LO cn 1 1 .^a J 1 I 1 1 \ I I F ram_ , + � t � C,C) . ` 44 , \ < 67 zonf/Oap IA' UUOWgOq 'MMM „ plajsbunuupdS „ sijodiD@uuiW JO Oapin lial5/oapin' UUDWgOq 'MMM PIDWJaVW Sd 10 buiaapua�1 a10aapUD-sson/Aaa1105' UUDWgOq 'nnnnnn : uollowiojui aaow Attachment 2 s Public Arts Commission CITY OF PALM SPRINGS, CALIFORNIA ,,tM i, � 1 i •C�tI1YR�\1`• MINUTES Regular Meeting Thursday, September 14, 2017 Palm Springs City Hall • 3200 E. Tahquitz Canyon Way Development Services Conference Room CALL TO ORDER: The meeting was called to order at 2:07 PM by Chair Sheffer ROLL CALL: Present Present FY 2017/2018 FY 2017/2018 This Meeting to Date Excused Absences Unexcused Absences Melanie Brenner x 1 Mara Gladstone x 1 Tracy Merrigan x 1 Alfonso Murray x 1 Russell Pritchard x 1 Ann Sheffer,Chair x 1 Thomas Yanni,Vice Chair x 1 ALSO PRESENT: Jay Virata, Director,Community& Economic Development Jennifer Henning,Arts and Special Projects Coordinator ACCEPTANCE OF AGENDA: MOTION: by Commissioner Brenner, second by Vice Chair Yanni, to approve Public Arts Commission Regular Meeting Agenda for September 14, 2017 with one change; move Item D.8 to the beginning of the meeting agenda; unanimously carried,7/0 D.8 BY MOTION,THIS ITEM MOVED TO THE BEGINNING OF THE MEETING RECOMMEND THE APPROVAL OF GRIT DEVELOPMENT'S PROPOSAL FOR THE PUBLIC ART INSTALLATION "PS MERMAID" BY ARTIST JULIAN VOSS-ANDREAE, RECOMMENDATION: Adopt Resolution No._"A RESOLUTION OF THE PUBLIC ARTS COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING GRIT DEVELOPMENT'S PROPOSAL FOR THE PUBLIC ART INSTALLATION "PS MERMAID" BY ARTIST JULIAN VOSS-ANDREAE TO BE LOCATED AT THE DOWNTOWN REVITALIZATION PROJECT." Mr. Christian Hohmann presented, representing Artist Julian Voss-Andreae (for Developer, Grit Development).The proposal is for a work of art to be located at the new downtown revitalization project. n� T `O City of Palm Springs-Public Arts Commission Regular Meeting Minutes September 14,2017 Page 2 Developers Application: DevelOP.rs"Izatb for R.iund a Public AnO Pa Project Foposel p,qeq I,eme Downtown Patin Spntgs Projetl LoaaaJM ress 111 N.Palm Carryon ndve,Palm Spmrgs,CA 92262 D1111 r Palm SPINS Pmmenada wont phone,760-325-3050 ROWY Owner. Wv Rare._ NNIMFee: APproNmalely S92.500. A,tj, Julian Voss-Mdreaa ..... ,gddrey- do Hohmann Fine Art 73-BCO El Passo,Paan Desert,CA 922W — AAN1 Plwrw:fin:p001 La-faU UnYm HMmwnn Gel:pa)V)7LaaCe laW G:1503W43]0a nee aAm.aa: WOIIl619'rabis RSMennaw Mega: Skinless Sfeel De ,OO Of A",. A morn fe Weght ca.2.5001ba. Oirtrarrsbns.7'9T x 9'Ow x B'0'tl Awr me C m:Atw *inciud,y dalivmy"insWRali r,is$172,000. Loam of klwv Aw PWue:T90 Da" a Fwnd ..Round W r4M*bease that aka serves as ber ch. Data of mgalyom:TBD Upon C ty Approvals and mrealed agreement enb artist, sire:W.1Drg p«nemnc mfaean TLq�lx cwpan.ro Nn,aeni wror w rrm awmpmn now Da DMween Pu OC SeeN ON Abexh: At least IoV L.ndsape Phms:Sae attached vita plans — — Spadat pmt*ms:Nara Dedication Pleas;TBD D.eOWpm APPaeeaen b R.fund Of PUOeC Mf Fof BWW W.U. The Wdoet beahout&wJd deraf are mb..q(m a nw!mumr Def,n FQ �n JbNn pk.IX arM«. cost a Malaiah: maw.a'n mo.a.ma.l c«rma: a,sooc taro cap.N1aMia,. az sun anpeeon Hera: WA A10 Endnebn lPbcfrt) NIA '.. LO"E..1wme0 _eyw Fsg:+.etg: $3M Tanapwm anrrw«x: i -,e.aleMerY Eaug tNeasllbrua4«acre.6lc.) M.Wa Oenwiiam'. NIA Rernreea lMy,.nCe: nxl'M aY ae1M'Mnnlm lonbu�NM TraveVaile Naas t2 Mnmum. wceNeenmceO— UN Wier AmodetW Coats: Taal: iYJr ox A power point presentation was shown. The presentation is available for viewing on the Public Arts Commission meeting of September 14,2017,on YouTube.com. The working title of the piece is"PS Mermaid"—This is not the final title of the piece. MOTION: by Vice Chair Yanni, second by Commissioner Brenner, to open discussion and approve the proposed resolution of the Public Arts Commission for Grit Development's proposal for a public art piece by Artist Julian Voss-Andreae; discussion followed—see below for amended motion. Commissioner Brenner—a beautiful piece;we're fortunate to have artwork like this brought to our city. ay ( 1 City of Palm Springs-Public Arts Commission Regular Meeting Minutes September 14,2017 Page 3 Commissioner Pritchard — the artwork is brilliant; this piece seems to be a bit passive (semi-reclining female figure). Mr. Hohmann gave a brief explanation on why a reclining figure was the best choice for this installation. Commissioner Murray— the piece is fabulous; would like to know where the plaque will be placed and what kind of feedback has been received. Mr. Hohmann—Plaque placement is still to be determined;the piece may be placed on a pedestal/bench which should be suitable for the plaque (another possibility would be on the base plate); Feedback on other installations by this artist are"very intense'—they are viewable on Instagram. Chair Sheffer—requested a timeline for the piece. Mr. Hohmann—approximately one more month on the design; after the materials are received it can be anywhere from 3-6 months. Commissioner Gladstone — is fine with calling the piece "PS Mermaid"; also does not mind the reclining figure;happy to see the sculpture created from easy to maintain materials. Mr. Hohmann—explained some detail;the steel edges of the piece are not dangerous to the touch;there is no significant surface area for vandalism; it is virtually maintenance free; the artist now has about 12 years experience on how the sculptures weather and hold-up; unless someone takes extreme force to the sculpture they are pretty much indestructible and not dangerous. MOTION: by Vice Chair Yanni, second by Commissioner Brenner, to approve the proposed resolution of the Public Arts Commission for Grit Development's proposal for a public art installation by Artist Julian Voss-Andreae; amending the resolution for the installation site to be determined at the downtown revitalization project; unanimously carried,7/0 MOTION: by Vice Chair Yanni, second by Commissioner Gladstone the Palm Springs Public Arts Commission has approved a resolution approving Grit Development's proposal for a public art installation tentatively titled "PS Mermaid"by Artist Julian Voss-Andreae to be located at the downtown revitalization project, 111 North Palm Canyon Drive; unanimously carried,7/0 PUBLIC COMMENTS: Melissa Hempel, Palm Springs Art Museum — Ms. Hempel introduced herself to the commission; she will be the contact/coordinator for upcoming pop-up events at the Palm Springs Art Museum. APPROVAL OF MINUTES RECOMMENDATION: MOTION: by Commissioner Murray, second by Vice Chair Yanni, to approve the Regular Meeting Minutes of May 11, 2017;unanimously carried 3/0 MOTION: by Commissioner Brenner,second by Commissioner Gladstone,to approve the Regular Meeting Minutes of May 25,2017; unanimously carried 4/0 MOTION: by Commissioner Brenner,second by Commissioner Murray,to approve the Regular Meeting Minutes of June 8; unanimously carried 4/0 CITY MANAGER'S COMMENTS:None Attachment 3 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 Filing Fee Exempt Per Government Code 6103 AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY AND GRANT OF EASEMENT ("Agreement") is entered into as of 2018 by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and DTPS C-15, LLC, a California limited liability company, ("Owner'). RECITALS: A. The City has established a Public Arts 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 Arts Fee Program, artwork may be provided or an "in lieu" fee may be paid. C. Owner commissioned a work of art, to wit a sculpture by artist Julian Voss-Andreae called "Isabelle," a photograph of which is attached to and incorporated in this Agreement as Exhibit "A" ("Artwork"). Consistent with approvals by the City of Palm Springs Public Arts Commission, an agency of the City ("Commission"), the Planning Commission Subcommittee for the Downtown Project, and the City Council Downtown Project Subcommittee ("Approvals"), Owner has placed the Artwork on its property consistent with this Agreement and the City of Palm Springs Public Arts Fee Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art Ordinance"). 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. City Representative. The City Manager, or his designee, shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the City Manager or designee has the authority to 74 give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Owner's Commission of Artwork, Reimbursement to Owner of Paid Fees. Owner is solely responsible with respect to the contract it entered into for the commissioning of the Artwork ("Contract") with Hohmann Fine Art, Inc., of Palm Desert, California, (the "Gallery'), including responsibility for all payments to be made thereunder pursuant to the Contract with the Gallery. The City cooperated with Owner with respect to Owner's fulfillment of its sole responsibility with respect to the Contract in accordance with the terms of that certain letter agreement originally dated November 28, 2017 and then amended on April 19, 2018 ("Letter Agreement"). The Letter Agreement is a public record maintained by the City Clerk as a public record. Pursuant to the Letter Agreement, the City directly paid the Gallery funds that were public art fees previously paid by Owner to the City, in the amount of$96,000 ("Paid Fees"). The City's payment of the Paid Fees to the Gallery, effectively a reimbursement to Owner of funds, tendered by Owner to City, pursuant to the Public Art Ordinance and consistent with the Approvals, is hereby formally ratified by the City Council in its approval of this Agreement. 3. Duties of Owner. The Owner owns certain property generally known as Block C of the Downtown Palm Springs Project, as legally described and shown on Exhibit "B", (the "Property"). The Owner has agreed to permanently locate the Artwork on a portion of the Property which portion is generally depicted and described as the Site on Exhibit "C" (the "Site"). Exhibit "B" and Exhibit "C" are attached to this Agreement, and incorporated by this reference herein. Owner has provided for the installation of the Artwork on the Site at its sole cost and expense, including, without limitation, constructing improvements necessary for displaying the Artwork in a manner consistent with its distinctive form and beauty. In executing this Agreement, Owner warrants and covenants that it shall be and remain responsible for providing continuous maintenance of the Artwork in perpetuity, unless otherwise agreed in writing by the City. 4. Default. (a) Cure Rights. In the event of any default or breach of any of the covenant or condition contained in this Agreement by Owner, City 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 Owner has not cured any curable default hereunder within thirty (30) days after written notice from City of such default, City shall have the right to cure such default and charge Owner with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Owner. (b) Location and Removal of Artwork. The Artwork shall not be removed from the Site without the prior written approval of the City, which approval may be withheld in the City's sole and absolute discretion. In addition to any other 2 75 remedies provided herein, in the event that the Artwork is destroyed, removed from the Site or improperly maintained by Owner, the City may either require the Owner to (i) pay the art in lieu fee as set forth in Section 7 below to City or (ii) replace the Artwork with substitute Artwork of a comparable quality and value as determined in the sole discretion of the City. 5. Identification. The Artwork shall be and remain at all times 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 Fee Program. The plaque will be placed and remain in an appropriate location near the Artwork that facilitates viewing by the public. 6. Ownership. Upon the acceptance of the Artwork and payment therefor, the Artwork and all rights thereto shall be conveyed by Artist to, and held by the Owner. The Artwork shall remain the property of the Owner, provided, however, that the Owner shall transfer ownership of the Artwork to any successor in interest of the Site. 7. Reimbursement of Paid Fees, Findings. As is described above in Section 2 above, the City has effectively reimbursed the Owner, through direct payments to the Gallery, Ninety Six Thousand Dollars ($96,000), an amount which the City Council finds is equal to, and not greater than the Paid Fees. The City Council finds that the City's effective reimbursement to Owner of the Paid Fees does not exceed the amount Owner paid into the City's "Public Arts Fund" by the Owner pursuant to the Public Arts Fee Program, and does not exceed the total cost of the Artwork as evidenced by a copy of the invoice for the Artwork included as Exhibit "D" attached hereto, (the "Invoice"). Additional documentation of Owner's dedication and expenditure of funds in the amount reflected on the Invoice is maintained as a public record by the City Clerk. Owner warrants and covenants that City has no further obligation to reimburse Owner, ether from the Public Arts Fund or otherwise, or to make any further payment to Gallery, Artist, or any of Owner's contractors or subcontractors, in excess of the Paid Fees already effectively reimbursed to Owner. S. Grant of Public Access Easement. Owner hereby grants and conveys to the City of Palm Springs a perpetual nonexclusive easement in gross over and across the entire Site for purposes of displaying the Artwork and allowing public access to the Site, to view and enjoy the Artwork, at reasonable times and in a reasonable manner (the "Easement"). 9. Maintenance. Owner shall in perpetuity, unless otherwise agreed by the City in writing, provide all maintenance necessary as recommended by the Artist with respect to the Artwork to preserve such Artwork in first class condition. Owner's duty to maintain the Artwork shall include without limitation Owner's agreement to maintain the access paths, landscaping and other improvements to the Site in first class condition. Owner shall repair and/or replace any damage to the Artwork within fourteen (14) calendar days of such damage being discovered. 3 In the event any graffiti is discovered on the Artwork, Owner shall remove such graffiti on the day it is discovered. So long as the Artwork remains on the Site, Owner 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, Owner shall consult the Artist or another competent Artwork work conservationist or restoration specialist to determine the best methods of such restoration or repair. All such maintenance, repair, replacement and restoration shall be at the sole cost of Owner, without any expectation of contribution or reimbursement by City. In addition to all other remedies provided by law, in the event the owner fails to maintain the Artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and charge the Owner for the costs therefor. In the event the Owner fails to reimburse the City for the reasonable costs thereof after reasonable notice, the City may assess its costs against the Property and establish a lien to be collected in the same manner as nuisance abatement liens pursuant to Section 11.72.265 of the Palm Springs Municipal Code. 10. Compliance with Law. Owner 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, Owner specifically and in perpetuity agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, et seq.) as it applies and relates to the Artwork and all matters in this Agreement. 11. Insurance. Owner 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 City Attorney, during the entire term of this Agreement and at all times while the Artwork is located on the. Site, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Owner's indemnity obligation under Section 12 below. The policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000.00). (b) Workers' Compensation Insurance. A policy of Workers' Compensation Insurance in an amount as would fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Owner and the City against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to any worker employed by 41 or any person retained by Owner in the course of carrying out the obligations of this Agreement. (c) Fine Arts Insurance. Owner shall procure and maintain fine arts insurance on the Artwork an all risk form with limits not less than $200,000 and a deductible not to exceed ONE THOUSAND DOLLARS ($1,000.00) for each loss. The payment of any deductible amount shall be the responsibility of Owner All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days written notice by registered mail to the City. Cancellation clause shall read, "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the event any of such policies are canceled, Owner shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section 11. Owner shall provide the City with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Owner agrees that the existence of any insurance shall not limit or otherwise affect Owner's obligations under this Agreement. In the event the City Attorney determines that the work or services to be performed under this Agreement create an increased or decreased risk or loss to the City, the Owner agrees that the minimum limits of the insurance policies required by this Section 11 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Owner shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 12. Indemnification. To the fullest extent permitted by law, Owner shall defend (at Owner 's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Owner 's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Owner , its officers, employees, representatives, and agents, that arise out of or relate to Owner 's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no 5 '? circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Owner's indemnification obligation or other liability under this Agreement. Owner's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 13. Rights to Artwork. All copyrights to the Artwork shall be transferred to the Owner together with the Artwork. Artist and Owner shall share copyright to the Artwork with the City in accordance with the terms and conditions set forth in Exhibit "E" attached hereto ("Copyright Agreement"). 14. Mortgage Protection. No violation of this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust given in good faith and for value. All of the covenants and conditions contained herein shall be binding and effective against any party whose interest is derived through foreclosure, trustee sale, deed in lieu of foreclosure or otherwise provided, however, that any mortgagee or beneficiary who takes title to the Site pursuant to foreclosure or deed in lieu of foreclosure or any purchaser at a foreclosure or trustee sale shall take title free of any claims against Owner arising under this Agreement which became due and payable prior to the date such mortgagee, beneficiary or purchaser takes title hereto. 15. Enforcement of Agreement. 15.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 15.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 15.4 Waiver. No waiver of any provision of this Agreement shall be 6 79 effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 15.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 15.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 15.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert Owner fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 16. City Officers and Employees: Non-Discrimination. 16.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Owner, or any successor-in- interest, in the event of any default or breach by the City or for any amount which may become due to the Owner or to its successor, or for breach of any obligation of the terms of this Agreement. 16.2 Conflict of Interest. Owner acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Owner enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year 7 80 thereafter. Owner warrants that Owner has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 16.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Owner shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Owner shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Owner certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Owner activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Owner is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 17. Miscellaneous Provisions. 17.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Owner against patent or copyright infringement, statutory or otherwise: A. It is agreed that Owner shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Owner shall pay all costs and damages finally awarded in any such suit or claim, provided that Owner is promptly notified in writing of the suit or claim and given authority, information and assistance at Owner 's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Owner . However, Owner will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Owner when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Owner shall have sole control of the defense of any such 8 � � claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Owner's expense. Owner shall not be obligated to indemnify City under any settlement that is made without Owner's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Owner, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 17.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e- mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Owner: DTPS C-15, LLC 201 N. Palm Canyon Drive, Suite 200 Palm Springs, CA 92262 Attention: Michael Braun Telephone: 760-325-3050 Facsimile: 760-325-5848 17.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 17.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 9 82 17.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 17.6 Successors in Interest. The obligations of Owner under this Agreement shall be binding on Owner's successors and assigns and shall burden the Site and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to the Site. 17.7 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 17.8 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 17.9. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18. 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. 19. 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. (Signatures on Next Page) 10 83 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready, PhD City Manager APPROVED AS TO FORM: ATTEST By: By: Edward Z. Kotkin Anthony J. Mejia, MMC City Attorney City Clerk APPROVED BY CITY COUNCIL: Date: Agreement No. "OWNER" DTPS C-15, LLC, a California limited liability company 201 N. Palm Canyon Drive, Suite 201 Palm Springs, CA 92262 Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By Signature(Notarized) Signature(Notarized) Printed Name/Title Printed Name/Title $4 11 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of } On before me, n ntan wit.a,a , personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to rote that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislherttheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature (Notary Pubbe seek) ADDITIONAL OPTIONAL INFORMATIONINSI'RIdC'fIONS FOR COMPI ETTNC T141S FORM Thin form ramphex uwh current(at#arma rtsrmct regarding rotary°iw*mg and DESCRIPTION OF THE ATTACHED DOCUMENT fneeded,aknuld he raupkted mid wusched re the incument.tobiou enitow au from other snares mat he rnsyrkeedfor dm-u~nra hang rem to afar irate in king a the itarduig&wj act require the!ah10rnea mNan,to gialate Cahyeimit;nown• tint I Tat IX deWQlw d etflened dOCiiFT 4 - Stagy and(bum) inhrrtallne Inuit he the State and Cauray wbere[be ok,,Cunrrnt uFnert%)persutrally appeared before the notary public fiat arkrrwskdgrrwvt (Title IX OB9Ctptlun of BaYited ttepurreM l7aUiaifld} - Date of rartarvatttm mug be the dale that the signers)pnvuully aripicaued rhwh mesa aho be the same dmc the ackrum lalywrit u completed - -ILc ntlar) public mutt prim his m her tame as 11 appears within In,tw her Number of Pages_.�_..DOCUfIa&It Date _ crmnmiuim lalknsal br a runny.sd l�)smr Irlk I nrian public). - Pant the namgsl of dkcurnen ugnerlsi who personalty appear at the unit of notanzation CAPACITY CLAIMED BY THE SIGNER - Indicate the cciaw singular w plural Itrms by crying on incomeci trrmu I c Lf1�Wd118r{8) �*hctdiw 'is'aaa)or circhng the correct fnunt failure In correctly indicate that rnlirmaum may kad In it erlhm tit dttuumem rev mbert; Corporate Officer - the mwary scat unpressmm unnt he clear and pMwtrgrupturcall:y repnmducdok Imprnsun must rail nnrr test or lines It sealimpreasom sraulgn,w-wak if a (Tile) tultuc"t met permits atherNru wa rktu:a dtllacm aimwiaigatuem litrm �rl Partner(S) - Sugrurlme of the nnuu7,public must match the sigawturc on 9k with the oltmx tit the edwru5 ckrk ❑ Attorney-in-Fact 4 Additional unliormanrm a are rapmed but cwti help to endure this Trustee(s) xlnmkdgment is nit tutted tw a tachd it,a dul rem doom m Clo6 Indium ink a t)pr od al aihrxl docurterrt.wrrenK nl'pagcx arsd dauc 16r 4 Indicate the capxn)claimed lay the signer If the c-lantned capuctly is a ,Nutwwate Illticer.indlieaw the title Ir a (T().CR),Secmury) it Sectuek alaxh this dukvmcar w the stgrcd d scurnem with a atiple, 12 85 EXHIBIT "A" (Artwork) Follows this page. 13 86 JUDAN VOSS-ANDREAl; 8003 SE 17'h Avenue,Portland,OR 97202,USA •.1(503)329-5203 • infoPJulianVossAndreae.com•www.JulianVossAndreae.com Friday, August 18, 2017 PROPOSAL FEMALE FIGURE PALM SPRINGS I propose to create a seated figure made from slices of polished stainless steel. The sculpture will be visually similar to the one pictured below but based on a different person and in a slightly different pose. A q )d �l Figure 1: Quantum Mermaid, 2016. Stainless steel. 48" x 46" x 34" (121 x 116 x 85 cm) 87 3 i f M J IY i Figure 2: Quantum Mermaid, 2016. The right panel shows the piece viewed from the 'disappearing angle'. d"r Figure 3: The proposed sculpture on a large circular plinth doubling as a bench. For a video clip click here. I gg Specifications of the proposed sculpture: • Height 7'-9", Width 9'-0", Depth 9'-0" • Weight: approx. 2,500 lb • Material: Polished stainless steel (grade 304) • The slices are made from laser-cut 12 ga. (0.105") sheet with 0.928" gaps • 9' diameter, 3" thick circular baseplate made from 1/4" stainless steel II (► Figure 4: View when approaching from the plaza (disappearing angle). s- 1. 1 ((} j v Figure 5: View when approaching from the art museum/parking garage tunnel. ROOF TOP BAR / RESTAURANT / RETAIL f RETTA FUNCTION FITNESS / POOLO IN "A'L 149 -- Paseo- - ---- Figure 6: Plan. The red line denotes the disappearing angle/the direction of the figure's gaze. 90 The orientation of the piece is such that the direction of the gaze, the disappearing angle, is rotated 15 degrees counterclockwise from the direction of the buildings (the orientation of the Paseo) to point at the open plaza that opens to the figure's left. c" 77 F Figure 6: Approximate view from the gym/conference center. I envision to install the sculpture on top of a 12'-diameter, 1'-6" high cylindrical structure that doubles as plinth and bench (pictured in brown in Fig. 3-6 and video clip). 91 This plinth could be made in masonry (using similar stone as the surrounding buildings) or be a massive polished block of rock, similar to Fig 8: `� 44 .. f a Figure 7:Spannungsfeld, 2014.The 9'tall figure sits on top of a massive block of polished granite that doubles as plinth and bench. i Here is a video of the piece pictured that also illustrates well how people interact with this kind of sculpture: Spannungsfeld, University of Minneapolis 92 V EXHIBIT "B" (Property) That certain parcel of land identified as Parcel A of Parcel Merger 16-04, recorded as Document No. 2016-0464206, on October 21, 2016, records of Riverside County, California. The Property is shown on the following page.' 93 14 EXHIBIT I? PARCEL 3 PARCEL 2 PARCEL MAP 36446 6.PARCEL MAP 3S#46 P.M.B. 238 31-34 P.M.B. 238 31-34 l T o N89652'00"E 282.58' 1200.34' !J P08 PCL. A � 400�04 1 "? 22.5 r 3 p=p i 5.5'r I Z LINE TO BE ADJUSTED to ; PARCEL A ' 1.47 AC. PfR 0000800 3 0.5 C8 PLpCE'� � 2015' 3' L ' o INS o 0 o a o PEs 0p0800 i Z PLp6L 64 20i5'0 z 14 0 , 4t15 3 $ � U 04N%. LAft IS" 1 L7 L5 o st J. vnn � o , , N n� L d N89°50'25"E M CA got w+ aeao ��r 1 ;rNf4 W CANYON WA I 0 0 6 E or cot" 1.•6D' CITY OF PALM SPRINGS PATE PUBLIC WORKS & ENGINEERING 7967 DEPARTMENT p,I Ervcrwt" P.LS PARCEL MERGER vowjw SME rx E na: tf"Ducaopm A.M.s 1 = 60' PM 16-04 ar�u ft ma / 5mmT rya: SEE EXHIBIT 'A' s J.V 13-11O I OF 2 15 94 EXHIBIT "C" (Site) I - e canes try 11 i _ r Y DI I " — I Is 1 i • • � T � � f I � 1 i FWW ho Auleo zjj+U1 , i i F i } I iu I i - - I 1 I I • I 1 I4 I I I e -• I I I � I \J � -- I 1 -- Location of Artwork shown as.- 16 95 Exhibit "D" (Invoice) Follows this page. � I 17 96 HOHMANN Invoice I Date iTransoction # 10/11/2017 153572 Bill To Ship To Michael Braun Grit Palm Springs 201 N Palm Canyon I Suite 200 Palm Springs CA 92262 Item/Description Image Item QTY Price Total Julian Voss-Andreae 1 $175,000.00 $175,000.00 Working Title PS Mermaid Stainless Steel, si 95x108x108 Subtotal :; $175,000,0bj Sales Tax I $13,562.50 Total Due $188,562 50 Payments Layaway $0.00 $20,000 to start, $60,000 in December, $50,000 upon Amount paid $000 completion, balance after installation. Balance :. $188,�a62 r50 ` All sales are final unless explicitly covered by one of our refund/return policies.Custom framing,shipping,handling and crating charges are not refundable.Artwork and framing are sold"as is"at the time of purchase.The condition of artwork and framing has been reflected in the price.Artwork that has been delivered or shipped must be inspected immediately upon receipt and any damages must be reported to the gallery within three 0)days of delivery.The gallery does not accept responsibility for damages unless reported within that timefrome.All items remain property of Hohmann Fine Art Inc,until paid in full, Hohmann Fine Art, Inc. 73-660 El Paseo I Palm Desert,CA Palm Desert 192260 www.hohmannfineart.com I art@hohmannfineartcam 1(760)346-4243 1(844) 346-4243 97 HOHMANN David Ready City Manager April 121', 2018 Dear David, Per request of the city attorney's office, we confirm that except for the city's portion, the sculpture by Julian Voss-Andreae is paid in full. Grit Palm Springs has paid their part to us and we have forwarded the funds in full to the artist to help paying for material. There are some small amounts that we need to reconcile with Grit, but they are cost of lighting, travel expenses and event expenses, none of which are part of the sculpture. Once the city has paid the balance there are no outstanding funds for the sculpture itself. Best regards, Ch istion Hohmann Julian Voss-Andreae (7 0) 774-5800 cell (503) 329-5203 cell HOHMANN FINE ART 73-660 El Paseo I Palm Desert, CA 92260 1 www.hohmann.art 1 (760) 346-4243 98 EXHIBIT "E" COPYRIGHT AGREEMENT This COPYRIGHT AGREEMENT ("Agreement") is entered into as of by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation ("City"), Julian Voss-Andreae ("Artist") and DTPS C-15, LLC, a California limited liability company, ("Owner'). Owner has commissioned a work of art ("Artwork") created by the Artist and more particularly described in that certain Agreement for Placement of Art on Private Property and Grant of Easement dated , 2018, by and between the City and Owner ("City Agreement"). Artist hereby acknowledges the City Agreement. Artist has delivered the completed Artwork to Owner and Owner has accepted the Artwork. Pursuant to the City Agreement, Artist has transferred all rights under applicable copyright laws to the Artwork to Owner. Artist and Owner 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 work is unique and a single-edition, 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 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. EXHIBIT "E" Page 1 of 2 G IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" DTPS C-15, LLC, a California limited liability company 201 N. Palm Canyon Drive, Suite 201 Palm Springs, CA 92262 Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By Signature(Notarized) Signature(Notarized) Printed Name/Title Printed Name/Title "ARTIST" Julian Voss-Andreae "CITY" City of Palm Springs Date: By: David H. Ready, Esq., Ph.D. City Manager APPROVED AS TO FORM: ATTEST By: By: Edward Z. Kotkin Anthony Mejia City Attorney City Clerk EXHIBIT "E" Page 2 of 2 100 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of } On before me, t awn name aM , personally appeared 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herhheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public ignalure (NdwV Public seal) ADDITIONAL OPTIONAL INf©RMATtON Ih INS I RtIt"I IONS FOR C'OMPLF I ING THIS FORM ir(arm crxrtylrej a ah current('ahfia nta unrwra reprdmq wean r:nrdmg awf, DESCRIPTION OF THE ATTACHED DOCUMENT l a" jlajuld l e rrmy bred and Doss hrd u the dxwnane ! re lydyaarnn ,firm arher jute%nnjr'lje ranyr7eted Jru drxvarenfs 6rtnR xnt to thW,tnPr jrr Jong ar tM•a ordtgq drxj xd rrgwre the('nLlamu nMan'm t'hdaM('a7{pirrnid#run' lane (Tao ffro piiw1 dedBdWdOCijfrm i - Saatc and Countt Infwnuhim must he the Suite and Ccaany where the thxumcva Mgnens)pmurrmlly appeamd bcf re the no tar)pulA w fin wlrum ledgajcnl .. - [Lire of n%ta toad n naval fee The date that lee,rgMls t F t 9,rull)appeared whwtr IT&or tit nhphan of eoaMad dwutheM cor&k*61 must ahn be the same date the aclmnwledgme M n completed - the now, pubhL mist prof his or het rums as It appears within hi,or her NIllTbef of Pat a- Docurrerll Data .-rmrm(sslan bdhnvcil b?'a cnnmM sad then tour ntk IraAa%pulAw 1 - I'rtM the namtysY of rhw pit MEMO,) wtal personally appear at the Isnse of mMaritalkm CAPACITY CLAIMED BY THE SIGNER - Itdwate,the cored singular M plural Imes hi, cin"ME 1141 Inconsr:Y(arils 11 e La shelYwk t taw i,r citchng the cuarecl(hmu f mire w cunn7l\'In1Kam tlra C: InitWduall(s) Inlirmaulm may kad To wjmlm of dtrwnrnt rectrding. C Corporate Officer - llw maaty w l wapre i m mats! Ire clew and pblmlgrq%hually reproducible ImprMwan amst nn cmer test W Ion If jeer Imprvioum wnadgn,re seal if a 1 e willwient;ta pnmil.odlerwiw comp"a di f ram ainrxied"M Ih m 1-1 Partner(s) - Sismiure%If the wtarY public must match the stgnawrc an file with the ofl'Ke of The courtly cl" 0 At#ormeyin•Fact 4 Addituaul infinmmKln as riM rwlwrrd taus could help to err rc this C Trustee(s) ahnrwkdg,r [Is nil mwse+)rr a1Lw:bn1 nj adrflirear dnvmelu. 8 Indicate hik a inn of attached docunn+t.,rwmber of puges and date C ClowO Indicate the capacut claimed by fhe signer If the clamed eapacny Is a ttrrynale n1yKn.Iedlcata the hfle h e C1.0,CI0 Socreuryl d.H. I- % _ tiaaruely attach wn drumcN to the Mgnied dxtmtna w-Nh a style 1 � ' eA`M SA4 iy w c Y N r + s ' �•Mrno o Cg11FOIRL % City Council Staff Report DATE: May 2, 2018 CONSENT CALENDAR SUBJECT: AGREEMENT FOR PLACEMENT OF PUBLIC ARTWORK TITLED "ISABELLE" ON PRIVATE PROPERTY AND GRANT OF EASEMENT BETWEEN THE CITY OF PALM SPRINGS AND DTPS C-15, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FROM: David H. Ready, City Manager BY: Edward Z. Kotkin, City Attorney SUMMARY: This supplemental staff report provides additional information regarding Business Principal Disclosure as to Grit Development, LLC, the owner of a 91% interest in Palm Springs Promenade, LLC. BUSINESS PRINCIPAL DISCLOSURE: A search of records available through the Secretary of State of California shows that as of August 28, 2017, Grit Development, LLC, remained a company managed by a single manager, Michael Braun. The company's name changed to Grit on May 2, 2017, the prior name having been "Wessman Holdings, LLC." Mr. Braun was a manager or member of Wessman Holdings as reflected in a Statement of Information filed with the Secretary of State on April 28, 2017. As of November 3, 2016, Wessman Holdings, LLC had more than one manager, and Mr. Braun was engaged as such at that time. Previously, as of October 25, 2015, Mr. Braun and John Wessman were both managers of Wessman Holdings, LLC. John Wessman filed the articles of organization of Wessman Holdings, LLC on January 24, 2002. The owner of Grit Development, LLC is the Wessman Family Trust, trustees Sandra Wessman and Michael Braun. The City verified the accuracy of this information today. SUBMITTED: David H. Ready, E -D. Edward Z. Kotkin City Manager City Attorney l ve w L_ g�2/I£� Rdu'i' o• //? en'r�