HomeMy WebLinkAboutA5835 - SWEET PEA TRUST AGR FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT DOC # 2009-0398090
07/30/2009 08:00F1 Fee:NC
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Recorded in Official Records
County of Raverside
RECORDING REQUESTED BY fi Larry w. ward
55esser, County Clerk & Recorder
AND WHEN RECORDED RETURN TO: IIII IIIIIIIIIIIIIIIIIIIIII1II IIIIIIIIII II III
CITY OF PALM SPRINGS I I
City Clerk S R U PAGE SIZE DA MISC LONG RFD COPY
P.O. Box 2743 1i
Palm Springs, CA 92263-2743 EXAM
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\\ Space Above this Line Reserved for Use by Recorder
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AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND
GRANT OF EASEMENT ER
This AGREEMENT FOR PLACEMENT OF ART ON PRy ^I,V� ATE1�PROPERTY ANp
GRANT OF EASEMENT ("Agreement") is entered into as of , 2009 by and
between the CITY OF PALM SPRINGS, a municipal corporation ("City") and SWEET
PEA TRUST, TRUSTEE JAMES M. CASEY ("Owner').
RECITALS:
A. The City has established a Public Arks 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. Agreement to Commission Work of Art. City has commissioned a work of
art described as "Intersecting Cubes", and shown on Exhibit "A" (Artwork). City is solely
commissioning the r responsible with respect to the contract entered into for g of the
Artwork including responsibility for maintenance and all payments to be made
thereunder-
3. 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 agrees to ',maintain the access paths, landscapong and other
improvements to the Site. 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.
4. 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.
5. - - 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.
6. Owner and Representative. The Owner is the owner of certain property
("Property") generally known as 787 North Palm Canyon Drive, 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".
7. 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 and with consent of the Owner.
8. 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.
9. 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
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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.
10. 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.).
11. Successors and Assigns. The rights and obligations of Owner under this
Agreement shall be applicable to Owner's successors and assigns.
12. 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.
13. 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.
14. 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.
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IN WITNESS 'WHEREOF, the parties have entered into this Agreement as of the
date first above Written.
"OWNER"
OWNER: 4N�iJ ! WLCR�
MAN R:
By. 9
Name.
Its:
By:
Name:
Its:
� "CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
City Clerk p� r -r�z6o City Ma
�hMES TryONI�Sc 1 PAVID I.}. Ke.AVY
A ;'ROVED BY CIN COUNCIL
AR ROVED AS TO IFOR � '
NTAoJA E5�
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LaS �n , lcs
On 2v0k before me, Ub+-Lr" Pdl�(r C
p e Here Insert Namo ana,I Ille or me omqhr
personally appeared 3� t
N metsl of sigller(e)
who proved to me on the basis of satisfactory evidence to
be the person(&,) whose name(e) is/are subscribed to the
within instrument and acknowledged to me that
he/sAeHl:�ey executed the same in hisifherkheir authorized
HEATHER JOY -ANIANA capacity(ies), and that by his/helAhetr signature*) on the
instrument the erson or the entity upon behalf of
Commission iA 10174EC = P (�. y p
Nogry Public-CalHomla Z which the person(s) acted, executed the instrument-
Los Angeles County
II eomm. IresOct3O.2012y 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.
Signature
Place Notary seal Above signatu nt Wary 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
Title or Type of Document:
Document Date: Number of Pages:
Signer(S) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited LJ General _ _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact - [I Attorney in Fact • -
❑ Trustee mP of thumb here [I Trustee rap a1 thumb Hera
❑ Guardian or Conservator 7 Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
......... - "taw-c;_ ew .
02007Niponal Notary Associahan•935a De Soto Ave,P.O2.2,,402•Chatsworth CA 91313-2402-vru>w NatlonalNotaryorg Item 46907 Roo,der Cali 1bll-Free 1-600-676�7
1111111111111111111111111111111111111111111111111111111 07 3005 op 00�00R
EXHIBIT "A"
(Artwork)
(Specifications)
The specifications for the artwork titled "Intersecting Cubes" are as follows:
General Description: Zinc-Aluminum metallized and clear powder-coated and welded
together. The sculpture stands eighteen (18) feet in height, four (4) feet in width by four
(4) in width. The sculpture will be fabricated by the artist, Brain Biedul, at his studio
located in Santa Monica, CA.
Maintenance: The sculpture will ineed periodic wipe down with sponge and water to
remove sand and dust. The City will assume maintenance responsibility_
On of a Kind: The sculpture is unique and will not be reproduced. There is a
maquette which will be given to the City of Palm Springs.
City Responsibility: The City will assume maintenance responsibility after the sculpture
has been installed.
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EXHIBIT "B"
ART WORK EASEMENT
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EXHIBIT "B"
(SITE)
PUBLIC ART EASEMENT
Being a portion of Lot 117 of Merito Vista Tract, recorded in Map Book 12, Page 94,
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 corner of Lot 117, of said tract, thence South 89036'00"
West, a distance of 12.15 feet,
Thence South 0100'00" West, a distance of 13.50 feet, to the True Point of Beginning;
Thence South 89136'00"West, a distance of 6.00 feet;
Thence South 0000'00" West, a distance of 6.00 feet;
Thence North 89136'00" East, a distance of 6.00 feet;
Thence North 0000'00" East, a distance of 6.00 feet, to the True Point of Beginning.
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MERITO VISTA TRACT, MD 12, PAGE1 94, R.C.R.
i DESIGN BY: SCALE: FILE NO.:
PUBLIC ART EASEMENT FUP NTS R 09-007A
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