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HomeMy WebLinkAbout06057 - JOHN HADLEY USE AGR FOR ANNUAL JURIED ART SHOW AT 193 SPC DOCUMENT TRACKING Page: 2 Report: Expired Documents Summary April 2,2013 Condition: Oldest Date= 11,Groups=PUBLIC ARTS,ALL Services,ALL XREFs Document# Description Approval Date Expiration Date Closed Date A5919 Use Agr for the PS Juried Art Show Jan 22 thru Feb 14,2010 @123 NPC 11/04/2009 04/2912010 Company Name: Wessman,John Per terms of Use Agreement section @,_Term, Address: , 300 S.Palm Canyon Dr.,Palm Springs,CA 92262 contract is expired. Contact: Mr.Wessman Group: PUBLIC ARTS Service: In File xRef: Jennifer Henning Ins.Status: Certificate and Policies are OK A6051 Use of Property for Juried Art Show @ 193 S Palm Canyon Drive 0212812011 Company Name: John Hadley Address: Per terms of Use Agreement section 4-.--Term, contract is expired. Group: PUBLICARTS Service: In File xRef: Jennifer Henning Ins.Status: Certificate and Policies are OK ******ENDOFREPORT****** �u rpI USE AGREEMENT 193 SOUTH PALM CANYON DRIVE THIS USE AGREEMENT ("Agreement") is hereby made as of , 2011 by the CITY OF PALM SPRINGS, a charter city and a Californid municipal corporation ("City"), and JOHN HADLEY, ("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 193 SOUTH 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 qate first written above, for a term of forty (40) days and will terminate on 201 City reserves the right to cancel this Agreement upon thirty (30) days notice to Owner with or without cause therefore. 5. Utilities. City shall provide utility services for water, gas, electricity, sewer (when applicable) and trash removal for the Property during the term of this Lease; City shall be responsible for, at its sole cost and expense, all other utilities to the Property, including but not limited to telephone, cable, and Internet connection charges, if applicable, which shall be charged in the name of City. 6. Compensation. All compensation has been waived. 7. 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 Page 1 of 4 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. 8. 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. 9. 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. 10. 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 terms and conditions are agreed and accepted: � � lq� l OK) CITY OF PALM SPRINGS Dated: a 20 By: David H. Read , anager ATTEST: APPROVED AS TO FORM: itY Clerk By: Douglas C. Hollan ity Attorney APPROVED BY CITY MANAGER "OWNER" By John Hadley Its: Owner Dated: 20_Lf By(Dk, J n Had y, Owner Page 3 of 4 EXHIBIT "A" (The Site) 193 South Palm Canyon Drive JRat- „ i Page 4 of 4