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HomeMy WebLinkAboutA5185 - PALM SPRINGS ART MUSEUM PLACEMENT AND LOAN OF ARTWORK AGR DAIMARU XII �OQ?ALM SAP City of Palm Springs Community Redevelopment Agency X ycO»r°xnre°`o'� » °ac N`91 MEMORANDUM IF It Date: May 01, 2013 To: David Ready, Esq., Ph.D. City Manager John Raymond, Community and Economic Development Director From: Jennifer Henning, Public Arts & Special Projects CoordinatoQ� Re: Palm Springs Art Museum Sculpture Loan — Daimaru Xll by Michael Todd Attached is a copy of the signed Loan Agreement and addendum to extend the loan term for the Michael Todd sculpture Daimaru Xll installed at the Convention Center on the southwest corner of Amado and Avenida Caballeros. This sculpture has been at this location since 2006. The current Loan Agreement expired on January 6, 2011 with a five year option to renew. When the contract expired the decision to extend the agreement for an additional five years was delayed due to the opening of the Palm Desert Museum location and the uncertainty of which sculptures in the collection would become part of the new site. The museum staff decided to exercise the five year option to renew and extend the loan agreement though January 6, 2016. Please review the attached documents, if there are no questions please sign the Addendum extending the loan agreement to January 2016. There is a $1,500 yearly loan fee associated with this installation and is paid from Public Arts account number: 150-4408-50015, Specialized Equipment. The current balance of the account is: $193,632. Please feel free to contact me if you have any further questions or need additional information. Thank you for your help. PALM SPRINGS ART MUSEUM April 1, 2013 Ms. Jennifer Henning Public Arts Coordinator City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Ms. Henning, I am writing regarding the loan of Michael Todd's Daimaru Xll, which is on display at the Palm Springs Convention Center. This letter serves as an addendum to the loan agreement between the Palm Springs Art Museum and the City of Palm Springs, entered into on January 12, 2006. The Palm Springs Art Museum extends the aforementioned loan to January 12, 2016. The loan agreement may be terminated by either party at any time with two weeks written notice. If the extension meets with your approval, please sign, date and return one copy of this letter, retaining the second copy for your records. SincI 74 Z(/en ash, Ph.D. Executive Director e1_=1VL1�zS1Vz (-.'j �,5- Jennifer H nning Date Public Arts Coordinator, City of Palm Springs David Ready Date City Manager, City of Palm Springs PO Box 2310,101 Museum Drive, Palm Springs, CA 92263-2310 760-322-4800 info@psmuseum.org psmuseum.org Agreement for placement and Loan of Artwork Palm Springs Art Museum AGREEMENT #A5185 MO 7773, 11-02-05 AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK This AGREEMENT FOR PLACEMENT AND LOAN OF ARTWORK (Agreement) is entered into as of Avio oo6 by and between the City OF PALM SPRINGS, a municipal corporation (Cit and PALM SPRINGS ART MUSEUM (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 of Palm Springs Public Arts Commission, an agency of the City of Palm Springs, (the Commission) shall be the City's designated representative with respect to this Agreement, unless such designation shall be withdrawn by the City Council. The Commission shall have the authority to give any 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 amount of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), annually, payable within thirty (30) days of receipt of an invoice by Owner. The loan fee shall be paid from the Public Arts Fund. 3. Loan Term. The loan term shall be five (5) years, with a five (5) option to renew. 4. The Artwork. The Owner will loan to the City a steel sculpture approximately 144x144x36 inches, titled Daimaru Xii, by artist, Michael Todd as shown in Exhibit "A" (the Artwork). 5. Location and Site Preparation: The artwork shall be located at the Palm Springs Convention Center in the landscaped area on the southwest corner of Amado Road and Avenida Cabelleros, as shown in Exhibit "B" (the Site). The City shall pay for ,YV 1 OIc"��,n P �Ea �Sa t Nj,A,�Y, the costs to install a pad adequate for placement of the artwork. The exact location and pad size shall be provided by the Palm Springs Art Museum Curator. City shall pay for the costs to install lighting and signage with text agreeable to both City and Owner. 6. Packing and Transport. All packing and transportation costs for relocating the artwork to the designated site shall be paid by the City. 7. Expenses. All delivery, maintenance, repair, restoration, replacement and insurance shall be the sole cost of the City. 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 Palm Springs Art Museum 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 they are 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 Palm Springs Art Museum, Gift of Kathryn Doi Todd and Mia Chan Todd; placed by City of Palm Springs Public Arts Commission." 12. Indemnification. Palm Springs Art Museum 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 Palm Springs Art Museum, 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 injur to or death of persons, injury or damage to Property and attorneys fees, but excluding such Claims or Liabilities resulting 2 i solely from the willful misconduct of the City, its officers, agents or employees who are directly responsible to the City. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" PALM SPRINGS ART MUSEUM A California non-profit corporation Its GX �Uri✓v j eECT�c% "CITY" ATTEST: CITY OF PALM SPRINGS, A municipal corporation ,�ity Clerk �� 0� �©La(,�a City Manager � — APP O �OCAS TO FORM: APP ROE Y CITY COUNCIL va„� /,'°��— ,ono 1'9'13 a�•�•�� ��i9S� City Attorhey 3 i i EXHIBIT "A" ? (The Artwork) i i Yw . WSyw,y�+W 'MMM"�nWMw.. � uyR4 Wu h+w °'°e1L Y..., � 'y'✓nWMda.ru.. � n n` 1WMMY .Irc....'+�ws'W'�Yn'^M'+n.uJ4w ° ^Rwi.�� "`4W+x� yMyM4`MV '+4N:'FrLvn..FRry �{ �.inyuy.INNrv'W4Wyl I.w MUT+.w.at v yeaµ w..wiWy` � rrNr � 4 Exhibit "B" (The Site) i i I • Oro-";.,�. Huai µme...'. a r _ �Y ✓,. 1'+ } 5 CONTRACT ABSTRACT Contract Company Name: Palm Springs Art Museum Company Contact: Dr. Janice Lyle Summary of Services: Annual loan fee — =' c, 4� Contract Price: $1,500.00 r. -p Funding Source: Public Art Fund150-30-4408-50015 Contract Term: Five Years Contract Administration Lead Department: Community& Economic Development (Public Art) Contract Administrator: Cathy Van Horn Contract Approvals Council/Community Redevelopment Agency Approval Date: November 2, 2005 Minute Order/Resolution Number: 7773 Agreement No: A5185 Contract Compliance Exhibits: Included Signatures: Included Insurance: n/a— City to insure Bonds: n/a Contract prepared by: Community & Economic Development Department Submitted on: 12-16-05 By: Cathy Van Horn M E M O R A N D U M TO: Cathy Van Horn Community & Economic Development FROM: Kathie Hart, CMC Chief Deputy City Clerk DATE: January 12, 2003 SUBJECT: Palm Springs Air Museum A5185 cc: File Attached are three duplicate copies of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. Jkdh attach.