HomeMy WebLinkAboutA6460 - ARCHANGEL GALLERY - AGR FOR PLACEMENT AND LOAN OF ARTWORK AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK
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This AGREEMENT FORPLACEMENT AND LOAN F ARTWORK (Agreement) is
entered into as of this � day of Beeember, 7W" by and between the City OF
PALM SPRINGS, a municipal corporation (City) and ARCHANGEL GALLERY (Owner).
RECITALS
A. The City has established a Public Arts Program, which authorizes the
placement of works of art on appropriate private and public property, which
encourages public access, and viewing of the artwork.
B. Under the Public Arts Program, artwork may be loaned to the City and a fee
paid for loan term.
C. Owner desires to loan a work of art and have such work of art placed on public
property in accordance with this Agreement and the City of Palm Springs Public
Arts Program as established by Chapters 2.24 and 3.37 of the Palm Springs
Municipal Code (Public Arts Ordinance).
NOW, THEREFORE, for good a valuable consideration, the receipt and adequacy of
which is herby acknowledged, the parties herby agree that acceptance of the loan of the
artwork described below of this Agreement is subject to the following conditions:
1. City Representative. The City Manager, or his designee, a Contract Officer of
the City ("City Manager"), shall be the City's designated representative with respect to this
Agreement. Under the direction of the City Council, the City Manager shall have the
authority to give approvals or consents required hereunder and to otherwise act on behalf
of the City for purposes of this Agreement.
2. Loan Fee. No loan fee is associated with the installation of the artworks.
3. Loan Term. The loan term shall be six (6) months, with an option to renew for
an extended period of time as agreed upon by all parties.
4. The Artwork. The Owner will loan to the City one (1) sculpture, as shown in
Exhibit "A" (the Artwork).
5. Location and Site Preparation: The artwork shall be located in the right of way
on an existing sculpture pad at 1103 North Palm Canyon Drive, as shown in Exhibit "B"
(the Site). The City has paid for the cost to install the pad, adequate for placement of the
artwork. City shall pay for the costs to install lighting and signage with text agreeable to
both City and Owner.
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6. Packing and Transport. All packing and transportation costs for relocating the
artwork to the designated site shall be paid by the Owner.
7. Expenses. All delivery, maintenance, repair, restoration, replacement and
insurance shall be the sole cost of the Owner.
8. Insurance. City shall procure and maintain, in a form and amount
consistent with the City's past practice in insuring public art installed and maintained on
City owned property, appropriate insurance for the artwork.
9. Care and Condition. The artwork is loaned in good condition unless
otherwise noted. The artwork should be examined for condition upon receipt. The
artwork shall at all times be given special care to insure it against loss, damage or
deterioration. Should loss or damage or deterioration be noted, the Owner is to be
notified immediately and in detail. It is understood that the artwork covered by this
Agreement shall remain in the condition in which it is received. It shall not be cleaned,
repaired, retouched, removed from frame, or altered in any way.
10. Reproduction and Distribution. City may make and distribute, and authorize the
making, display, and distribution of, photographs and any other two-dimensional
reproductions. City may use such reproductions for any purpose, including advertising,
educational, and promotional materials, brochures, books, flyers, postcards, print,
broadcast, film, electronic and multimedia publicity, gifts for City benefactors,
documentation of City's Civic Art Collection, and catalogues or similar publications. City
shall ensure that such reproductions are made in a professional and tasteful manner, in
the sole and reasonable judgment of the City. The proceeds from the sale of any such
reproductions shall be used to maintain and support the Artwork or for any other
governmental or charitable purpose as determined at the sole discretion of City.
11. Credit. During the term of this Agreement, all formal references to the artwork
shall include the following credit line: "Collection of the Artist and Courtesy of Archangel
Gallery; placed by City of Palm Springs Public Arts Commission."
12. Indemnification. Owner hereby agrees to indemnify and hold harmless the City,
its officers, agents and employees from and against any and all actions, suits, claims,
damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively
"Claims or Liabilities") arising out of or in any way connected with any act, omission or
negligence of Owner, its agents, employees or contractors, or from the existence of the
Artwork at the Loan agreement 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 or employees who are directly responsible to the City.
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
ARCHANGEL GALLERY
Mich I Fiac o
Its
"CITY"
ATTEST: CITY OF PALM SPRINGS,
A municipal corporatio
ity Clerk
City Manager
AP A7,7
D AS TO
APPROrED By CITY COfLUXIL
City Yldrney
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EXHIBIT "A"
(The Artwork)
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