HomeMy WebLinkAbout9/21/2005 - STAFF REPORTS (15) Y N
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City Council Staff Report
DATE: September 21, 2005 CONSENT
SUBJECT: AMENDMENT NO. 1 TO AGREEMENT NO. A5101 PLACEMENT AND
REIMBURSEMENT OF PUBLIC ART WITH PALM SPRINGS CLASSIC, LLC:
FROM: David H. Ready, City Manager
BY: Community & Economic Development
SUMMARY
The Council approved the Agreement for Placement and Reimbursement of Public Art
with Palm Springs Classic on May 18, 2005. Palm Springs Classic, LLC is requesting
the Fine Arts Insurance deductible be changed from $1,000.00 to $10,000.00 for each
loss. They are also requesting that the reference to the City's right to commission
"three-dimensional" reproductions of Artwork in the Copyright Agreement be deleted.
RECOMMENDATION:
1. Adopt Minute Order No._, approving Amendment No. 1 to Agreement No.
A5101, placement and reimbursement of public art with Palm Springs Classic,
LLC changing the fine arts insurance deductible amount to $10,000 and deleting
the reference to "Three-Dimensional" reproductions on the copyright agreement;
and
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Under the terms of the Agreement approved on May 18, 2005, Palm Springs Classic is
required to provide Fine Arts Insurance for Artwork under the Agreement For Placement
and Reimbursement of Public Art. The deductible of $1,000 for each loss is the
standard language in the original Agreement. Palm Springs Classic is requesting that
the deductible be changed to not exceed $10,000 for each loss, which meets their
policy as it is currently written. Palm Springs Classic, owner of the Artwork, is
responsible for maintenance and replacement costs should damage to the artwork
occur.
Item No. 2 . L.
City Council Staff Report
September 21, 2005 -- Page 2
First Amendment Agreement No. A5101
The Copyright Agreement to be executed between Palm Springs Classic and the Artist
acknowledges the Agreement with the City and transfers the rights under applicable
copyright laws to the purchaser of the artwork. There is language that refers to sharing
copyrights of the Artwork conveying the right to the Owner and City to make
reproductions, photographs and other two and three-dimensional, less than full-scale,
non-exact reproductions of the Artwork. Reference to "three-dimensional' has been
eliminated from other agreements because most Artists feel that it implies that the City
or Owner can make an exact copy of the Artwork, which would not be in compliance
with the Public Arts Ordinance.
The Public Arts Commission discussed both issues at their September 8 meeting.
Although the Commission did not feel a motion was necessary to approve the
Amendment, they felt comfortable with sending the Amendment to the City Council for
approval. Staff was instructed to return the item to the next City Council meeting for
approval.
FIISCAL IMPACT:
No fiscal impact.
J Wond, r David H. Ready, City Man�er--��'Development f �✓
Attachments: First Amendment Agreement No. A5101
Minute Order
MINUTE ORDER NO.
APPROVE THE FIRST AMENDMENT TO
AGREEMENT NO.A5101 PLACEMENT AND
REIMBURSEMENT OF PUBLIC ART BY AND
BETWEEN THE CITY OF PALM SPRINGS AND
PALM SPRNGS CLASIC, L.L.C.
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving the First Amendment to Agreement No.A5101
Placement and Reimbursement of Public Art by and between the City of Palm
Springs and Palm Springs Classic, LLC, was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 21st day of
September, 2005.
James Thompson, City Clerk
FIRST AMENDMENT
AGREEMENT NO. A5101
PLACEMENT AND REIMBURSEMENT OF PUBLIC ART BY AND BETWEEN
THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC
THE FIRST AMENDMENT to Agreement No. A5101 for Placement and
Reimbursement of Public Art by and between the City of Palm Springs and Palm
Springs Classic, LLC is made and entered into this 7`h day of September 2005
amends that certain Agreement dated May 18, 2005 as follows:
Section 1.9 Insurance (c) Fine Arts Insurance: Owner shall procure and maintain
fine arts insurance on the Artwork an all risk form with limits not less than
$197,500.00 and a deductible not to exceed Ten Thousand Dollars ($10,000.00)
for each loss.
Exhibit "D" Copyright Aqreement (Paragraph 3): Pursuant to the City Agreement,
Artist has transferred all rights under applicable copyright laws to the Art to
Owner. Artist and Owner hereby agree to share copyright to the Art 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 Art for both commercial and non-commercial purposes.
Except as expressly amended herein, all terms of the Agreement shall remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this
Amendment as of the date stated above.
OWNER: Palm Springs Classic,
LLC
Managing Partner
Managing Partner
CITY OF PALM SPRINGS,
a municipal corporation
City Manager
ATTEST:
By:
City Clerk
Reviewed and Approved by: frney
I'LCity Att