HomeMy WebLinkAboutA5941 - LUNDIN DEVELOPMENT CO TRANSFER OF ARTWORK OWNERSHIP AND REIMB OF PUBLIC ART IN-LIEU FEE DOC # 2010-0492320
10/14/2010 08:00A Fee:NC
Page 1 of 9
Recorded in Official Records
County of Riverside
Larry W. Ward
RECORDING REQUESTED BY Assessor, County Clerk 9 Recorder
AND WHEN RECORDED RETURN TO: 1111111111111111111111111111111111111111111111111111111CITY OF PALM SPRINGS
City Clerk S R U PAGE SIZE DA MISC LONG RFD COPY
P.O. Box 2743
Palm Springs, CA 92263-2743 M A L 465 426 PCOR NCOR SMF NCHG EXAM
Space Above this Line Reserved for Use by Recorder + . _ T: CTY UNI `
1�1NG SEE X6M� p� Grdv�ic�vM�=NT c�D� c.i o3
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND _
GRANT OF EASEMENT
810
This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY
("Agreement") is entered into as of Lq, � , 2010 by and between the CITY OF
PALM SPRINGS, a municipal corporation ("City") and SUNRISE PLACE A LIMITED
PARTNERSHIP ("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 acquired 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 Easement for Display of Public Art. Owner hereby grants and
conveys to the City of Palm Springs an easement for permanent use of the Site (as
shown in Exhibit "B") for purposes of locating and 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 ("Contract"), as described in Exhibit "B".
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 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. Owner agrees to maintain the access paths,
landscaping and other improvements to the Site.
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. 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.
5. Owner and Representative. The Owner is the owner of certain property
("Property") generally known as Sunrise Place A Limited Partnership, as shown on.
Exhibit "B" attached hereto and incorporated herein. The Owner has agreed to Grant
an Easement 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 and the Agua Caliente Band of
Cahuilla Indians ("Tribe").
7. Insurance. The City 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 Risk Manager of the City, during the entire term of this
Agreement and at all times while the Artwork is located on the Site.
8. 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.
2
1003/029/28303.02
I IIIIII I�IIIII IIII IIII IIII IIIIII IIII�I III IIII IIII INQ1f 0 £998�19 60A
9. 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
way limiting the foregoing, City agrees to comply with The Visual Artists Rights Act of
1990 (17 U.S.C. 101, etseq.).
10. Successors and Assigns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns.
11. 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.
12. 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.
13. 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.
3
1003/029/28303.02
I I�IIII IIIII�I II III C010-0 0 08:9
III II�II II�III IIIIII III�IIII 1111 IN 1®f 14 3 Ralf 00R
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
OWNER: Sunrise Place, a Limited
Partnership
BY: SURAPS, a California Corporation
Its: jeral. Partner',,//,, j
Name: Leonard H. Lundin
President
By:
Name: Gre ory W. B ver
Vice President
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
City Clerk City Mana
�AM�S"f�}anti�psoN DAV I o . 9,,FpDy
APPROVED BY CITY COUNCIL
APPROVPaAS TO FORM:
OGCCr 00LA-ANP
4
1003/029/28303,02
I IIIIII IIII��I IIII IIII(IIII IIII�I III�II 111111111111 IN10 A�A 61 f�095 90R
ACKNOWLEDGMENT
State of California
County of Orange
on September 9, 2010 before me, Flavia L. Frattali, notary public,
(insert name and title of the officer)
personally appeared Leonard H. Lundin.
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 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
FLAVI'L.F A TA I
WITNESS my hand and official seal. Conanission*1626326
No"Public-California
Orange County
• :, Comm.Expires Jan 7,2 13 r
Signature (Seal)
J .r
IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 19t�AlfO £�9869A
ACKNOWLEDGMENT
State of California
County of Orange
On September 9, 2010 before me, Flavia L. Frattali, notary public,
(insert name and title of the officer)
personally appeared Gregory W. Bever
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 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.
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. FLAVIA L.FRA AW
Comossion# 1829326
`r'ry LID Notary Public-CAlifomlt
Orange County
k.- r Comm.Ex fires JAn 7.20131
Signature ti' - 1� Py Seal
I IIIIII I�III�I IIII IIII IIII IIII��IIIIII III IIIII IIII IIII 10 t?01� 0 f 0 0e:O&A
9
EXHIBIT "A"
At
.GRANITE VENEER
(ALA SIDES) 0 •
24"X24"X30 "
GRANITE 96 "
BOULDER
36 " DIA.
30 " � MEDALLION
24"
54 WIDE
(ALL SIDES)
IIIIII IIIIIII IIII IIII IIIII IIIIII III��I III IIIII IIII IIII 1e 20�0 e�9e�a�ae
i
EXHIBIT . "B"
P.O.C.
PARCEL .5 �� �� Row
PM 296JB
PUS 26411 C- 13. 'I
�i T.P.O.B.
=�J 19.00' \10.2-
8.91'
N
1I � w
ZlZ
-N 39 . 321711 E
I
0 o
L J
RA M O N ROAD
N 89°32'17" E - -
PARCEL MAP 29638, PM BOOK 204, PAGE 10-13, R.C.R.
DESIGN BY: SCALE: FILE NO.:
PUBLIC ART EASEMENT fUP NTS R 09-0078
CHECKED BY:. DATE slur NO.:
II 2010-0492320 04/06/09 1 OF 1
I IIIIII I�IIIII IIII IIII IIIII IIIIII III�II III IIII IIII IIII 16!14/�0�10 98 00A .
i
EXHIBIT "B"
PUBLIC ART EASEMENT
Being a portion of Parcel 5 of Parcel Map 29638, recorded in Parcel Map Book 204,
Pages 10-13, inclusive, official records of Riverside County Recorder, located in the City
of Palm Springs, California, in said county, and more particularly described as follows:
Commencing at the Northeast comer of Parcel 5, of said tract, thence South 00°06'42"
East, along the east property line of Parcel 5, a distance of 146.10 feet,
Thence leaving said east property line, South 89032'17'West, a distance of 1.0.28 feet,
to the True Point of Beginning;
Thence continuing South 89032'17"West, a distance of.19.00 feet
Thence South 46°49'38'West, a distance of 19.08 feet;
Thence South 0027'43" East,a distance of 18.67 feet;
Thence North 89032'17" East, a distance of 9.67 feet;
Thence North 46049'38' East, a distance of 31.58 feet;
Thence North 00°2743" West, a distance of 10.42 feet, to the.True Point of Beginning.
Said easement contains 708 square feet(mare or less).
I II�III�I I I 2010-0492320
IIII IIII III IIIII II�III IIII�I III IIII 1111 IN I&,'
14/2&10 08 96R
9 of 9
i/TY 1 T1fy/
08/24/2020 08:00A Fee:NC
Page 1 of 11
Recorded in Official Records
RECORDING REQUESTED BY: County of Riverside
Larry W. Ward
CITY OF PALM SPRINGS Assessor, County Clerk & Recorder
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS i IIIIII I�IIIII IIII(IIII IIII IIII IIIIII�I IIIIIII IIII IIII
PO BOX 2743
PALM SPRINGS, CA 92262 S R U PAGE SIZE DA MISC LONG RFD COPY
ATTN: OFFICE OF THE CITY
CLERK M ,+A L 465 426 PCOR NCOR SMF H EXAM
,"1 e IT CTY UNI C
Filing Fee EXEMPT per Government Code 6103 $n4
AGREEMENT
for
TRANSFER OF ARTWORK OWNERSHIP AND
REIMBURSEMENT OF THE PUBLIC ART IN-LIEU FEE
FOR THE ARTWORK
between
TH E AG UA CALI ENTE BAN D
OF CAHUILLA INDIANS
and
THE CITY OF PALM SPRINGS, CALIFORNIA
THIS AREA FOR
RECORDER ' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fees Applies)
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
AGUA CALIENTE BAND OF CAHUILLA INDIANS
Tribal Planning and Development Department
5401 Dinah Shore Drive
Palm Springs, CA 92264
Space above this Line Reserved for Use by Recorder
��14
AGREEMENT FOR TRANSFER OF ARTWORK OWNERSHIP AND
REIMBURSEMENT OF THE PUBLIC ART IN-LIEU FEE FOR THE ARTWORK
This AGREEMENT FOR TRANSFER OF ARTWORK OWNERSHIP AND
REIMBURSEMENT OF THE PUBLIC ART IN-LIEU FEE FOR THE ARTWORK
("Agreement") is entered into as of , 2010 by and between the AGUA
CALIENTE BAND OF CAHUILLA IND ANS ("Tribe"), a federally-recognized Indian
Tribe governing itself according to a Constitution and By-Laws and exercising
sovereign authority over the lands of the Agua Caliente Indian Reservation
("Reservation"), and the CITY OF PALM SPRINGS, a municipal corporation
("City")
RECITALS:
A. The City has established a Public Art 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 Art Fee Program, artwork may be provided or an
"in-lieu" fee may be paid.
C. The Tribe has commissioned a work of art that complies with the
Section 14 Master Plan Type One Gateway Concept Plan.
D. The Tribe desires to transfer ownership of the work of art to the City,
and have such artwork placed on the Reservation at the northwest corner of
Ramon Road and Sunrise Way in accordance with this Agreement, the Section 14
Master Plan, and the City of Palm Springs Public Art Program as established by
Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art
Ordinance").
E. The Tribe also desires to formally request reimbursement in the
amount equal to the public art in-lieu fee paid by the Ralphs Shopping Center
located at the northwest corner of Ramon Road and Sunrise Way as
compensation for the work of art.
NOW THEREFORE, to comply with the requirements of the Section 14
Master Plan and the Public Art Ordinance, and for good and valuable
consideration, the parties hereto hereby agree as follows:
IIIIII I�IIIII IIII IIIII IIII II I IIIIIIII III I�III II I IIII 4/ 0 0&6$s0 08, 0R
1. Tribal Representative. The Chief Planning and Development Officer
or his designee ("Contract Officer"), shall be the Tribe's designated representative
with respect to this Agreement. The Contract Officer shall have the authority to
give approvals or consents required hereunder and to otherwise act on behalf of
the Tribe for purposes of this Agreement.
2. Agreement to Commission Work of Art. The Tribe commissioned
Doug Hyde Sculpture Studio ("Artist") and received a work of art described as one
of the four Section 14 Master Plan Type One Gateway Elements, as shown on
Exhibit "A" ("Artwork"). The Tribe has held sole responsibility with respect to the
contract entered into for the commissioning of the Artwork ("Contract") including
responsibility for all payments totaling $62,500.
3. Installation of Artwork. The Tribe shall install the Artwork at the
southeast corner of the property generally known as the Ralphs Shopping Center,
as shown on Exhibit "B" ("Site"). The Tribe shall provide for the installation of the
Artwork on the Site including, without limitation, constructing any improvements
necessary for displaying the Artwork.
4. Transfer of Ownership. Upon installation of the Artwork, this
Agreement serves as formal acknowledgement of transfer of ownership of the
Artwork to the City.
5. Duties of Ownership. Upon transfer of ownership, the City shall be
responsible for all maintenance necessary as recommended by the Artist with
respect to the Artwork to preserve such Artwork in a first class condition.
6. Reimbursement of the "In-Lieu" Public Art Fee. In return for the
transfer of ownership of the Artwork from the Tribe to the City, the Tribe shall be
reimbursed an amount equal to the in-lieu public art fee of $25,049 that was
collected as a Condition of Approval for the Ralphs Shopping Center, less a
deposit amount to be retained by the City for the Maintenance of the Artwork.
7. Default.
(a) Cure Rights. In the event of any default or breach of any of
the covenants or conditions contained in this Agreement by the City, the Tribe
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 the
City has not cured any curable default hereunder within thirty (30) days after
written notice from the Tribe of such default, the Tribe shall have the right to cure
such default and charge the City with the cost thereof, including all costs incurred
in connection with enforcing this Agreement or in collecting such amounts from the
City.
(b) Location and Removal of Artwork. In the event that the
Artwork is removed from the Site, ownership of the Artwork will revert back to the
Tribe and this Agreement shall be terminated.
2
I I��III IIIIIII III (IIII IIII IIII IIIIIIII III IIII IIII IIII 08l291?019 68!00A
8. Identification. The Artwork shall be identified by a plaque stating, at
a minimum, the Artist's name, the title, the date the Artwork was completed, and
stating that the Artwork was funded by the Agua Caliente Band of Cahuilla Indians
and the City of Palm Springs Public Arts Program. The Tribe shall be responsible
for the creation and installation of the identification plaque.
9. Maintenance. The City shall repair and/or replace any damage to
the Artwork within a reasonable amount of time of such damage being discovered.
In the event any graffiti is discovered on the Artwork, the City shall remove such
graffiti on the day it is discovered. So long as the Artwork remains on the Site, the
City 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, the City shall consult the
Tribe and the Artist to determine the best methods of such restoration or repair.
All such maintenance, repair, replacement and restoration shall be at the sole cost
of the City. In addition to all other remedies provided by law, in the event the City
fails to maintain the Artwork, upon reasonable notice, the Tribe may contract the
Artist to perform all necessary repairs, maintenance or secure insurance, and
charge the City for the costs thereof.
10. Indemnification. The City hereby agrees to indemnify, defend and
hold harmless the Tribe, its 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 the 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 willful misconduct or negligence of the Tribe,
its officers, agents, representatives or employees who are directly responsible to
the Tribe.
11. Rights to Artwork. All copyrights to the Artwork shall be transferred
to the City together with the Artwork. Artist and the City shall share copyright to
the Artwork with the Tribe in accordance with the terms and conditions set forth in
Exhibit "C" attached hereto ("Copyright Agreement").
12. Attorneys' Fees. In the event that any action or proceeding is
instituted for the interpretation or enforcement of this Agreement, the prevailing
party in such action or proceeding shall be entitled to recover from the other party,
all costs and expenses related to such action or proceeding, including, without
limitation all attorneys' fees and expert witness fees, both at trial and on appeal.
13. 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.
3
IIIIIIIIIIIIIIIIIIIIIN 0 M Q08:OQA
14. 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.
15. 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.
IN WITNESS WHEREOF, the parties have entered into this Agreement as
of the date first above written.
[SIGNATURES ON NEXT PAGE]
4
I��III�IIIIII IIII IIIII III IIII IIIIIIII III IIII IIII III 2A/2 0 98. 19 0P, 00R
AGUA LIENT AND OF CAHUILLA INDIANS
By Date: b
Chi f anning & Development Officer
CITY OF PALM SPRING
Bi Date:
City Manager
ATTEST:
_r
By: Date:
City Clerk
APPRO S TO FO M:
By: Date: 0�• �� �a
gency Counsel
APPROVED BY CITY COUP XIL
5
11111111111111 IN IIIIIII IN 1111 IIIIIIII III 111111111 IN �s eie
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On /j�Z0' before me,
Date Here Insert Nafne and TitIEF of thvOthcer
personally appeared
Name(s)of Agnor(s)
who proved to me on the basis of satisfactory evidence to
be the person(e) whose name(e) is/a.Fe subscribed to the
within instrument and acknowledged to me that
he/sey executed the same in his/weir authorized
capacity(4s&), and that by hisifha4tl4ek signature(&) on the
C.LIESER instrument the person(}, or the entity upon behalf of
ConWNtr:fon*1041M which the person(s) acted, executed the instrument.
""yNtk-Co wda
Rivrm*Co tt► I certify under PENALTY OF PERJURY under the laws
my Comm. IMu 20 2013
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document rr __ //��� __ �►7
Title or Type of DOCUm i`�� 2 /`f1L[
Document Date: Number of Pages: -�
AIZ
Signer(s) Other Than Named Above: D
Capacity(ies) Claimed by Signer(s) � �
Signer's Name: Signer's Name:
LJ Individual / / LJ Individual
Corporate Officer—Title(s): Elrporate Officer—Title(s)
❑ Partner—❑ limited ❑ General _ _ ❑ Partne =1 Limited I I Gener _
I I Attorney in Fact ❑Attorney in Fac WHIP
❑ Trustee Tap of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
i� Other: ❑ Other:
Signer Is eprese g: Signer Is Representing:
W2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91 31 3-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
IIIIII IIIIIII INIIIII IIII IIII IIIIIIII IIIIIIII IN IN08 24/2 1019 P k38
I11 �A
IN WITNESS WHEREOF, the parties have entered into this Agreement as
of the date first above written.
AGUA IENT BAND OF CAHUILLA INDIANS
By: Dater
Chie Planning & Development Officer
CITY OF PALM SPRINGS
By: Date:
City Manager
ARTIST
12
c�
- ,�----- --. Date
Doug de S ulp ure S ud
APPROVED BY CITY COUNCIL
ATTEST: ��\1•\� � nnt,���\
ity Clerk
9
11111111111111111 INIIIII INIIII IIIIIIII III IIIII IIII IN08l A1�a f' 1159A
� Rp � �k �ti»•� ��af����� °
d
�k?
'
E
t
�, "d a apt •��. � } ��,. ��9 ,., 'U
„6f1,•' �\ �� q,:ram � '.. r s � s.
EXHIBIT / R
I I�IIII��II�II III(IIII III IIII III�IIII IIIIIII IIII IIII 0�r 4��0 0��9�00A
f "t" @fa..CKt.
I . y
V..........zzz
•Y:i
Sit
� PA ig'
,Center.
Ala,
ryq :j_ �I n� IIIIh8141, y ti� r ,d 9
JAI
fail. $
Type I Gateway Location
Aso s""? '4 fir.
PIN
b
a �
EXHIBIT "C"
(COPYRIGHT AGREEMENT)
This OPYRIGHT AGREEMENT ("Agreement") is entered into as of
_ pVlr_ , 2040 by and between the AGUA CALIENTE BAND OF
CAHUILLA INDIANS ("Tribe), the CITY OF PALM SPRINGS ("City"), and Doug
Hyde Sculpture Studio, ("Artist").
The Tribe has commissioned a work of art ("Artwork") created by the Artist
and more particularly described in that certain Consulting Services Agreement
dated December 14, 2007, by and between the Tribe and Doug Hyde Sculpture
Studio. The Artist hereby acknowledges the Consulting Services Agreement.
Artist has delivered the completed Artwork to the Tribe and the Tribe has accepted
the Artwork.
Pursuant to the Consulting Services Agreement, the Artist has transferred
all rights under applicable copyright laws to the Artwork to the Tribe. Artist and
Tribe 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 Artwork is one part of a unique and single-
edition suite of pieces, 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 not 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.
8
IIIIIIIIIIIII Jill IIIIIIIII Jill IIIIIIIIIIIIIIIIIIIIJill ae 2e/2�&&R:FKR