HomeMy WebLinkAbout05421 - BUSCHLEN MOWATT FINE ART LLC PLACEMENT AND LOAN OF ARTWORK "SQUEEZE, ITHIEL, BUTCH" Kathie Hart
From: Jennifer Henning
Sent: Thursday, May 02, 2013 4:30 PM
To: Kathie Hart
Subject: RE: A5421 - Buschlen Mowatt Fine Art
Hello!
Yes, please close the agreement file.
Thank you!
Jen
(7640r
Public Arts&Special Projects Coordinator
Community&Economic Development/Office of Sustainability
City of Palm Springs
Tel: 760.778.8408
Fax:760.322.8325
www.paimspdngs-ca.gov
PLEASE NOTE: City Hall is open 8:00am -6:OOpm Monday-Thursday and closed every Friday.
From: Kathie Hart
Sent: Thursday, May 02, 2013 3:00 PM
To: Jennifer Henning
Subject: A5421 - Buschlen Mowatt Fine Art
In your comments you stated the contract is expired.
Does that mean it is ok to CLOSE the agreement file?
Please advise.
Thx!
Kathie Hart, CMG
Chief Deputy City Clerk
City of Palm Springs ff(760)323-8206
3200 E. Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 LOKathie.Hart(9PalmSpringsCA.gov
Please note that City Hall is open 8 a.m, to 6 p.m. Monday through Thursday, and closed on Fridays at this time.
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AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK
This AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK (Agreement) is
entered into as of m0Yt,4v 0 a' al by and between the CITY OF PALM SPRINGS,
a municipal corporation (City) and BUU8CHLEN MOWATT FINE ART, LLC (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 or private property under an Agreement for Placement of Public Art or
Private 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. City shall pay a loan fee in the total amount of SEVEN THOUSAND SIX
HUNDRED SEVENTY FIVE DOLLARS ($7,675-00), payable within thirty (30) days of
receipt of an invoice by Owner. The fee shall cover all costs of employment of Art
Handler, travel expenses, accommodations, per diem, Administrative fee, miscellaneous
tool expenses and paint related to the placement of the Artwork. Crane rental costs for
relocating the artwork to the designated sites shall be paid by the City. The loan fee shall
be paid from the Public Arts Fund.
3. Loan Term. The loan term shall be eighteen (18) months, with an option by
Owner to remove the pieces after twelve (12) months with a thirty (30) day written notice.
4. The Artwork. The Owner will loan to the City the "Artwork", consisting of three
(3) steel sculptures titled Squeeze, (approximately 108x108x144 inches), Ithiel,
(approximately 108x108x96 inches) and Butch, (approximately 120x1O8x9G inches) by
Artist, John Clement as shown in Exhibit "A" (the Artwork).
5. Location and Site Preparation. The artwork shall be located at three locations:
777 East Tahquitz Canyon Way, (Regal Cinemas) at the landscaped area of the
northeast corner of the property; Palm Canyon Theatre, 538 North Palm Canyon Drive on
the grassy area near the front entrance and Palm Springs Mall, 2365 Tahquitz Canyon
Way at the concrete pad area located at the southeast entrance on Farrell Drive, as
shown in Exhibit "B" (the Sites).
6. Right to Purchase. During the duration of the exhibition and prior to removal of the
Artwork as provided in this Agreement, the City of Palm Springs will have the right to
purchase the pieces at a price of $65,000 each. In the case of a third party offer made on
the purchase of the pieces before the City has chosen to purchase, the City of Palm
Springs will be given right of first refusal to match the quoted price in order to keep the
pieces.
7. Sale of Pieces. Buschlen Mowatt Fine Art, LLC will donate 10% of the final
purchase agreement to the Public Arts Fund if one or more of the pieces are sold during
the time of the exhibition in the City of Palm Springs or within ninety (90) days of the
removal of the Artwork.
8. 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, Buschlen Mowatt Fine Art, LLC are to be notified
immediately and in detail. It is understood that the artwork covered by this Agreement
shall remain in the condition in which they are received. They shall not be cleaned,
repaired, retouched, or altered in any way except with written permission from Buschlen
Mowatt Fine Art, LLC.
9. 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 Public 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.
10. Indemnification. Buschlen Mowatt Fine Art, LLC 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
2
any act, omission or negligence of Buschlen Mowatt Fine Art LLC, its agents, employees
or contractors, or from the existence of the Artwork at the Loan Agreement sites, 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 will misconduct of the City, its officers, agents or employees who
are directly responsible to the City.
3
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
date first above written.
"OWNER"
BUSCHLEN MOWATT FINE ART, LLC
A Li ' ed Liability Corporation
Its P
_ "CITY„
ATTEST: CITY OF PALM SPRINGS,
A municipal corporation
ity Clerk Q3 /g ZQo 7
City Manager
AP P O AS TO FOR . :
APPP,DVED BY CITY CCUNCiL
City'Att rnl6y a1
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State of California )
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County of Riverside )
On nI 16 mo? before me, hiQ A Serarr,Zi. Nata
Date Name and Title of Officer 0
personally appeared !>�/�h'� �� C>vtl0 , Zr/M'I: Lllli
Name(s) of'Signer(s)
❑ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personN) whose name( is
subscribed to the within instrument and
CYNMati NEU= acknowledged to me that&MM/they executed
COmm"M*1645899 the same in his hw/their authorized
•"� N01°ryPu6Ao-CmRomb capacity(�ies), and- that by his he th>�
RIVegids COW* si natures on the instrumentthe erson
My Comm.Expimftbll,201 g ) p , Of
the entity upon behalf of which the personN
acted, executed the instrument.
WITNESS my hand and official seal
Signat re of Notary Public
EXHIBIT "A"
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John Clement
Squeeze, 2005
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EXHIBIT "A"
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John Clement
Butch, 2006
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