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HomeMy WebLinkAboutA5028 - AGUA CALIENTE DEVELOPMENT AUTHORITY ARTWORK ON PRIVATE PROPERTY EASEMENT Agua Caliente Uev. Authority Artwork on Private Property Easement DOC 2005-040 3" 34�8 AGREEMENT #5028 05/2/23l2006 08:00R Fee:NC Page 1 of 36 MO 7620, 1-19-05 Recorded in Official Records U County of Riverside RVICORDING REQUESTED BY Larry W. Ward ' AND WHEN RECORDED RETURN TO: 111111111111111111111111111111111111111111111111111111° °"nty 1 Re d CITY OF PALM SPRINGS City Clerk } P.O.Box 274J _M $ U PAGE E GA PCOR NOCOR SMF MISC Palm Springs, CA 92263-2743 1G V E T -(ff7 Space Above this Lii A R L COPY LONG REFUND NCHG —51 k�o?b L AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY AND GRANT OF EASEMENT ("Agreement") is entered into as of_December 9, 2004_ by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and Agua Caliente Development Authority(ACDA) ("Owner"). 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 art work. B. Under the Public Art Fee Program, artwork may be provided or an "in lieu" J fee may be paid. CL C. Owner desires to commission a work of art and have such work of art placed on its property in accordance with this Agreement 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"). 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. City Representative. The City of Palm Springs Public Arts Commission, an agency of the City ("Commission"), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the Commission 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. Agreement to Commission Work of Art. Owner has commissioned a work of art described as Cahuilla"011a" Waterfall. Owner is solely responsible with respect to the contract entered into for the commissioning of the Art ("Contract") including responsibility for all payments to be made thereunder. ORIGINAL BID 1 AND/OR AGREEMENT 10031029/28303.02 3. Duties of Owner. The Owner owns certain property ("Property") generally known as Indian Canyons Golf Resort, as shown on Exhibit "A" attached hereto and incorporated herein. The Owner has agreed to permanently locate the Art on a portion of the Owner's property which portion is generally depicted and described as the Site on Exhibit "A" ("Site"). Owner shall provide for the installation of the Art on the Site at its sole cost and expense, including, without limitation, constructing any improvements necessary for displaying the Art. 4. Default. (a) Cure Rights. In the event of any default or breach of any of the covenants or conditions contained in this Agreement by Owner, City 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 Owner has not cured any curable default hereunder within thirty (30) days after written notice from City of such default, City shall have the right to cure such default and charge Owner with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Owner. (b) Location and Removal of Art. The Art shall not be removed from the Site without the prior written approval of the Commission, which approval may be withheld in the Commission's sole and absolute discretion. In addition to any other remedies provided herein, in the event that the Art is destroyed, removed from the Site or improperly maintained by Owner, the Commission may either require the Owner to (i) pay the art in lieu fee as set forth in Section 7 below to City or (ii) replace the Art with substitute artwork of a comparable quality and value as determined in the sole discretion of the Commission. 5. Identification. The Art shall be identified by a plaque stating the artist's name, the title, the date the Art was completed and stating that the Art was funded through the City of Palm Springs Public Arts Program. The plaque will be placed in an appropriate location near the Art that facilitates viewing by the public. 6. Ownership. Upon the acceptance of the Art and payment therefor, the Art and all rights thereto shall be conveyed by Artist to Owner. The Art shall remain the property of the Owner, provided, however, that the Owner shall transfer ownership of the Art to any successor in interest of the Site. 2 1003/029/28303 02 2005-040?848 1111111111111111111111111111111111111111111111111111111 05/23l2000£0 6 00R 7. Refund of Purchase Price. The City shall reimburse the Owner, an amount equal to the lesser of, (i)the actual amount paid by Owner to the Artist under the Contract; or (ii) the amount previously paid by Owner to the Public Art Fund. The amount to be refunded shall not exceed the amount paid into the Public Arts Fund by the Owner. The Owner's request for reimbursement shall be submitted only after the Art is installed and approved by the Public Arts Commission. The request for reimbursement shall be in writing and include (i) a copy of the permits set forth in Exhibit `B" attached hereto ("Permits") clearly showing the art fee and (ii) a copy(s) of the invoice Exhibit "C" attached hereto ("Invoice")paid to the Artist and related subcontractors if any. 8. Grant of Public Access Easement. Agua Caliente Development Authority (ACDA) (Owner) hereby grants and conveys to the City of Palm Springs a perpetual nonexclusive easement in gross over and across the Site for purposes of displaying the Art and allowing the public access to the Site to view and enjoy the Art at reasonable times and in a reasonable manner("Easement"). 9. Maintenance. Owner shall provide all maintenance necessary as recommended by the artist with respect to the Art to preserve such Art in first class condition. Owner agrees to maintain the access paths, landscaping and other improvements to the Site in first class condition. Owner shall repair and/or replace any damage to the Art within fourteen (14) calendar days of such damage being discovered. In the event any graffiti is discovered on the Art, owner shall remove such graffiti on the day it is discovered. So long as the Art remains on the Site, Owner shall keep,maintain, repair and replace the Art in a good, clean and first class condition and of the highest quality. Materials used to restore, repair or replace any portion of the Art shall be of equal or better quality than the original materials used in the Art. When necessary, Owner shall consult the artist or another competent artwork conservationist or restoration specialist to determine the best methods of such restoration or repair. All such maintenance, repair, replacement and restoration shall be at the sole cost of Owner. In addition to all other remedies provided by law, in the event the owner fails to maintain the Art, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and charge the Owner for the costs therefor. In the event the Owner fails to reimburse the City for the reasonable costs thereof after reasonable notice, the City may assess its costs against the Property and establish a lien to be collected in the same manner as nuisance abatement liens pursuant to Section 11.72.265 of the Palm Springs Municipal Code. 10. Compliance with the Law. Owner 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 Art on the Site or to the use or manner of use of the Site. Without in any way limiting the foregoing, Owner agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, et seq.). 11. Insurance. Owner 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 4 I` 3I` 1003/029/28303.02 IIIIII II4IIII IIII IIINI III IIII IIIIIIII III IIIII IIII IN0S 20/3 0£A 16�00R 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 Art is located on the. Site,the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Owner's indemnity obligation under Section 12 below. The policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000.00). (b) Workers' Compensation Insurance. A policy of Workers' Compensation Insurance in an amount as would fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Owner and the City against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to any worker employed by or any person retained by Owner in the course of carrying out the obligations of this Agreement. (c) Fine Arts Insurance. Owner shall procure and maintain fi arts insurance on the Art an all risk form with limits not less than and a deductible not to exceed ONE THOUSAND DOLLARS ($1,000.00) for each loss. The payment of any deductible amount shall be the responsibility of Owner. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All such policies shall provide that such insurance may not be amended or canceled without providing thirty(30) days written notice by registered mail to the City. Cancellation clause shall read `SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the event any of such policies are canceled, Owner shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section I I. Owner shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Owner agrees that the existence of any insurance shall not limit or otherwise affect Owner's obligations under this Agreement. In the event the Risk Manager of City determines that the work or services to be performed under this Agreement creates an increased or decreased risk or loss to the City, the Owner agrees that the minimum limits of the insurance policies required by this Section 11 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Owner shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 4 1003/029/28303.02 I` IIIOI IIINII IIII IIIIII III IIII IIIIIIII III IIIII IIII IIII 05 2030 400£016�00R 12. Indemnification. Owner hereby agrees to Indemnify, defend 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 Owner, Its agents, employees or contractors, or from the existence of the Art 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 solely from the willful misconduct of the City, its officers, agents, representatives or employees who are directly responsible to the City. 13. Rights to Artwork. All copyrights to the Art shall be transferred to the Owner together with the Art. Artist and Owner shall share copyright to the Art with the City in accordance with the terms and conditions set forth in Exhibit "D" attached hereto ("Copyright Agreement"). 14. Mortgage Protection. No violation of this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust given in good faith and for value. All of the covenants and conditions contained herein shall be binding and effective against any party whose interest is derived through foreclosure, trustee sale, deed in lieu of foreclosure or otherwise provided, however, that any mortgagee or beneficiary who takes title to the Site pursuant to foreclosure or deed in lieu of foreclosure or any purchaser at a foreclosure or trustee sale shall take title free of any claims against Owner arising under this Agreement which became due and payable prior to the date such mortgagee,beneficiary or purchaser takes title hereto. 15. Successors and Assians. The obligations of Owner under this Agreement shall be binding on Owner's successors and assigns and shall burden the Site and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to the Site. I& Attornevs' 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. 17. 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 farther force or effect. 18. 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. 5 1003/029/2830102 I IIIIII 1111111111111111111 II IIIII II 65 2a�5 o5 8 2 or 16§OOR 19. 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. 6 1003/029/28303.02 111111�������Ifll Illfil���flll IIIIIIII III IIIII 1111110s/0a 05 f�is§0eR IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. KO R99 a GA By:_ E Its: Z K_c "CPI'Y" CITY OF PALM SPRINGS, a municipal corporation ATTEST: By. ` By l / City Clerk City Ma r AWROVEp Sy THE Cff'b►. 9(; APPR AS TO FO 7 1003/029/29303.02 �007fAas¢ees, eaII IIII 1111111111111111 or 16 STATE OF CALIFORNIA) ss. COUNTY OF ) On &-/y/ , o before ipe, i�t� ✓ Ki�D �0 7/��✓�c personally appeared \7`�f 7 personally known to me (e�preu€d to me on the basis o / 'sfactory evidence) to be the peerrsonfg) whose nameW rs are subscribed to the within instrument and acknowledged to _ e th e he/they executed the same in is er/their authorized capacit3(, and that byCher/their signaturefSj on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. o Notary Public (SEAL) � - - _ _ '_ _ - - _ _ -� — r ELAINE L.WEDEKIND r Commission# 1399015 ? , o Notary Public•California �y ] RNerslde County 7 _ _ ' My Comm�Explre=Feb 8�2007� 1003/029/28303.02 III IIII I II II I III I II I II II IIIII I III esrz0�a of 16 009 EXH_TBIT "A" PUBLIC ACCESS EASEMENT LEGAL DESCRIPTION ALL THAT PORTION OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING A PORTION OF THAT CERTAIN AGREEMENT OF BUSINESS LEASE PSL 47 RECORDED MAY 15, 1998 AS INSTRUMENT NO. 195317, RECORDS OF RIVERSIDE COUNTY CALIFORNIA, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF LOT"G" OF TRACT NO. 2253 AS RECORDED IN MAP BOOK 55 AT PAGES 13 THROUGH 15, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THENCE NORTH 76°-25'-50" EAST ALONG THE SOUTHERLY LINE OF SAID LOT"G"A DISTANCE OF 248.13 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 280-00'-28" EAST A DISTANCE OF 7.58 FEET; THENCE SOUTH 620-01'-54"WEST A DISTANCE OF '153.63 FEET; THENCE SOUTH 630-05'-50"WEST A DISTANCE OF '1262.11 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT"K" OF TRACT NO. 2269 AS RECORDED IN MAP BOOK 42 AT PAGES 70 THROUGH 74, RECORDS OF RIVERSIDE COUNTY CALIFORNIA; THE FOLLOWING FIVE COURSES BEING ALONG THE SOUTHERLY LINE OF SAID LOT"K", THENCE NORTH 260-54'-10"WEST DISTANCE OF 9.92 FEET; THENCE NORTH 53°-05'-50" EAST A DISTANCE OF 353.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 576,00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°- 00'-00"AND A LENGTH OF 100.53 FEET; THENCE NORTH 630-05'-50" EAST A DISTANCE OF 620.76 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 457.60 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°- 20'-14"AND A LENGTH OF 106.52 FEET TO THE SOUTHWEST CORNER OF SAID LOT"G" AND THE POINT OF BEGINNING. PREPARED BY SANBORN A/E, INC. JOHN L. SANBORN PLS 4146 W.0.02-163 CLUBHOUSE 12/11/03 IIIIIIIIIIIIIIIII IIIIII IIIIII1IIIIIIIIIliIIIIIIIII IIII 05 A090 f 16¢00R ----------- -------------- ---------------------- ---- ------------- - ------------ -- - ice �s S --�- �-��-� S-fl- - : ;.__ -�-az� -----_ F ITTI FT-T I TT T ITTI fT I TTl 1-TTI � n iTr v, 00'SZS Sj -- z Soo o ss ` ao tiz IifIi11I ��PPP1 ��fI11111111fi11 � 1111� _ - : . ',�.,_ _. 111111 b� �� `1� � 1 l l l l l l l u I l d z° °=5 09'bZ5 Ed LJ 1111 IJJ ll I I LU Il ti I LU I lll IJ 11 �� �i sZ . °t PEs S� O 06'tZ5 .71 Z6 11flIII1 4 OB'bZS .O1 r761 _ H IV CS` t't 1 R� _ dH OCSZS O1 W Z '£ZS 7_L SS4 ZL"tlZS sy bZS °1 dH ZZ'SZS Ol 6 1 YZ5 Ol 500'0=S OZ� 5000 _1 / ® ,n 9 Vd 68j N _ SaGNV3W v f � C�B� �H ® yy �ryy-D� 1 71l 3OIS 9NI 34N'd3WC'���YS 1 (9L'f 19) 74 (ZZ't L 5 01 da0 se se0z,�zsa IIIIII IN 1111111$1111 8b8LHb0-S©0Z a,k � w�A A i u.;t�'vy�� a ye Vks�tr � �'Ni�P n '�` rT li 1Ct i �� rm•, s�'� +� "f K3 d 1 Y NWr ,,k M. ' 'mow rV p1 V i 1tl r a :r- City of Palm Springs 9 =. .,�.,.. BUILDING PERMIT ,. Permit Technlclan Angela LaFrance DATE PLAN CHECK PLAN CHECK CASE B E M P EP HP SUBMrTTED 10/30/2003 NUMBER 8130 I FEE 4900 . 001 NUMBER 3 . 2308 I PERMITS X X X X X X Owner Address Phone state Uc.Number Agua Caliente Dev. Authority, 901 E. Tahquitz, PS 325-2279 Contractor Address Phone State Uc.Number Owner Architect Address Total value of work$ 2 , 543 , 796 . 00 Pearson Arch 74040 Hwy 111, Palm Desert Sewer Agreement# Engineer Address School Fee See Receipt B.G. Structural 45555 Via Corona, Indian Wells, Fixture Units 115 Lot# Block# Tract Building Address Building Permit SEE + 1097 MURRAY CANYON DRIVE 001-32201 7, 883 . 55 Lot Size Zone Height occupancy A.A.No. Total Area Plan Check TAG A3/S3 3 . 2308 12035 001-34301 646 . 27 Setbacks As Front Side Side Rear Parcel Number SMIPTax Constructed 512-14 0-0 01 001-37112 5 3 4 . 20 Square Building Garage/Carport Roofed Pato/Porch Microfilm Footage 5879 6156 001-34308 250 . 00 Use of building SMIP Type Permit Type Const.Type Fire Sprinkler I Units New Sew Cn Permit Issuance Commercial 2 CMA VN Y 0 0 ODI-32201 60 . 00 Class Of New Additions Alterations Repair Remodel Removal Replace Construction Tax Work X X 001-31601 4 , 814 . 00 Describe work In detall: Dhl.Fee/Rmw/Mlsc. To replace demolished clubhouse: Construct new 001-32210 0 . 00 clubhouse on existing golf course grounds. To include dining room, golf shop, offices, restrooms, kitchen, lockers, ConsWctlan Permit snack bar, bar, covered patios. Construct golf cart storage 001-32203 0 . 00 with cart wash with metal awning, bathroom & laundry Sewer Inspecben alcove. Foundation issued on seperate permit. 001-32202 46 . 00 Special Conditions: Sewer Main Clubhouse: 5879 S.F. (demolished clubhouse was 8084 SF 420-38704 0 . 00 with same uses. no additional T.U.M.F. due, existing golf course site) . Sewer Agreement o= Cart Storage: 6156 S.F. Tea 0 . 00 ,mom Previous clubhouse did not appear to be connected to Sewer Connection Fee rm-� sewer. No c�}�C91RR bP�rF�N>ft@ �Y94}TgiE-v%6lFffifP2CTED 420-38703 23 , 345 . 00 'm o IMPORTANT Drainage Fee N� r 0 . 00 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee m city or county ordinance or state law. 134-33110 0 . 00 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are MILK.Fling Fee not to be made without permission of the Building and Safety Divisions. 0 . 00 Public Arts Fee The owner and/or contractor is responsible for establishing all property lines.All utilities must be 150-34390 12 , 718 . 98 underground. Planning Fee This permit will expire if work is not started in 180 days or if more than 180 days elapses between 001-34303 2 , 743 . 14 Inspections. I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit and understand that these requirements must be completed prior to final inspection and that no !!!M certification of occupancy will be issued until such time as these requirements are met. I certify that TOTAL FEE 53 , 041 . 14 I have read this application and state that the information is true and correct. OWNER/@ONTRACTORXAGENT--� DATE BY This is a Building when properly filled out,signed and validated,and is not transferable CUSTOMER'S COPY PERMIT NUMBER C 8774 EXHIBIT "B" 149265-s STOMER',9 ORDER NO. DEPARTMENT DATE ME - ;� IDIA N // / j ut�nc�rT N DRESS lf(d /!/F(jjj7 CANYONS RESORT PALM SPRINGS Y STATE,ZIP pq IIA� 'iNIC"j Sl 1 ✓�D 2-- LD BY RASH j C O.D. FHARGE I ONN ACCT. I MDSE RETD PAID OUT UANTITY DESCRIPTION PRICE AMOUNT 2202004 February 20,2004 7,-L -7d yons Resort Palm Springs-Clubhouse AMOUNT(S) _ m 3 ��� i�C.',' r _ � 7v FI r✓ .F.Sd'aw�J �v.a-✓ 4 5 f�' /_ r — rF— i"L -s 17 - 18 19 20 r�� Vasg.�;y� _= RECEIVED BY ASAdams KEEP THIS SLIP FOR REFERENCE b, 4pC+ �'(7 e7A 5805 �. ment . . Agua Caliente CANYON 5283 Development f naank PALM SPRINGS CA B22B4 A Subsidiary of Ague Caliente Authority patio„ p 1el b Bando Caluuaa Indians 90-4n011222 901 E.TahVuitz Canymi Way Suite B-200 760-325-2279 Palm Springs,CA 92262 00005282 'AY NINE THOUSAND THREE HUNDRED AND XX DATE AMOUNT / 100 Dollars 12/0 **** rOTHE Richard M. Salgado 04 YOO . 00 �F DeR 205 Desert Lakes D Ran 9 Rancho Mirage, CA 2270 EXHIBTT "C" �/ EXHIBIT"D" COPYRIGHT AGREEMENT This COPYRIGHT AGREEMENT ("Agreement' is entered into as of xz �� y and between the CITY O PALM SPRINGS, a municipal corporation("City"),�jrt pAo SoohJ ,'Artist") and trQ &- _(Owner). Owner has commissioned a work of art ("Art") created by the Artist and more particularly described in that certain Agreement for Placement of Art on Private Property and Grant of Easement dated t'E.--c - 9 , 200 , by and between the City and Owner ("City Agreement"). Artist hereby acknowledges the City Agreement. Artist has delivered the completed Art to Owner and Owner has accepted the Art. 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 and three-dimensional, less than full-scale, non-exact reproductions of the Art for both commercial and non-commercial purposes. The Artist warrants that the work is unique and a single-edition, 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 Art 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 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. Page 9 of 2 1003/029128303.02 1 11111111111111111111111111111 65���20 of IV, R IN WITNESS WHEREOF,the parties have entered into this Agreement as of the date first above written. `/`p"OWNER" (/^ a tl -n \`. Its: f°ARTIST" (Name of Artist Here) °'CITY" CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: By C' C erk City Manage APPRO TO FORM: �®gyp By ��if) " �ay)i Page 10 of 2 I+ I` 1003/029/28303.02 I IIIIII11111111111111111111 IIII IIIINII III IINII III III 05/2311500£8 16 008 2005-9497348 BILL OF SALE FOR VALUE RECEIVE , the undersigned c�a atiP " " `� of ✓ hereby sells d transfers unto n-Qu� ('4,M �V or of I (buyer) and its successors and assi, ns forever, the following described goods and chattels: l�A-s-VL �31�. Seller warrants and represents that he/she has good title to said property, full authority to sell and transfer same and that said goods and chattels are being sold free and clear of all liens, encumbrances, liabilities and adverse claims, of every nature and description. Seller further warrants that it shall fully defend, protect, indemnify and save harmless the Buyer and its lawful successors and assigns from any and all adverse claim that may be made by any party against said goods. It is provided, however, that Seller disclaims any implied warranty of condition, merchantability or fitness for a particular purpose. Said goods being their present condition "as is" and "where is." Signed this day of DOC- 2004. In the presence Witness f feller J I IIIIII IIIIIII IIII IIIIII III IIII IIIIIIII III IIIIII III IIII 2005-04073148 218 of 16 00R Jan 20 05 11 : 03a Tam Kieley III (760) 327-6450 P. 2 acoRD CERTIFICAT5 OF LIABILITY INSURANCE AGOPID 27I DATE9�29 4 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER-THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-365-5161 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA, Hudson Insurance Co I INSURER B: St. Paul Fire s Marine Agua Caliente Band Of Cahuilla Ind: ans, ATTN: TOM KIELEY INSURER c: ' P. 0. BOX 3275 INSURER D: Palm Springs CA 92263 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANOING ANY REOUIREMENT,TERM OR CONOMON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATEMAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBIECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TNSTUADD L POLICY NUMBER %POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRINSRO TYPE OF INSURANCE DATE IMMIDONY) I DATE(MM/DDM!) I-GENERAL LIABILITY EACH OCCURRENCE I S 1000000 A X1 COMMERCIAL GENERAL LIABILITY NAA0001304 10/01/04 10/01/05 PREMIES(Ea=U2na) IS50000 ^ J CLAIMS MADE J OCCUR I MEO EXP(Anyone person) I S N/A SIR $100,000 PERSONAL S ADV INJURY �SSOOOOOO 1 GENERALAGGREGATE s2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO S1000000 7 POLICY.17 JPEo- n LOC I EMP.HER I 1000000 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT SSOOOOOO A X ANY AUTO NAA0001304 10/01/04 10/01/05 (Eavwva o ALL OWNED AUTOS I I BODILY INJURY SCHEDULED AUTOS (Pt Mn;w) B X HIRED ALITOS BODILY INJURY NON-OWNEDAUTOS ® (Peracctlrnl) S PROPERTY DAMAGE S I (Per acGtlenD !GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT IS A ANY AUTO ITAA0001304 I 10/01/04 10/01/05 OTHERTHAN EA ACC S 'q AUTO ONLY: AGG S 1000000 EXCMWMBRELLALIABILRY EACH OCCURRENCE S10,000,000 B X (OCCUR � OLAIMSMADE QK0900564 10/01/04 10/01/05 AGGREGATE 51p,000,000 5 DEDUCTIBLE _ S RETENTION S S WORKERS COMPENSATION AND I I WCSIAIU I OIH- I EMPLOYERS'LIABILM TORYLAITE ER I A ' NAA0001304 10/Ol/04 10/01/05 EL EAGHACCIDENT $1000000 ANYPROPRIETORIPARTNDED? CUTNE OFFICER/MEMBER EXCLUDED? I EL DISEASE-E4 EMPLOYEE $lOODOOO SPECIAL PROVISIONS!, lI. F L DISEASE-POLICY LIMIT I S 1000000 OTHER DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS The City of Palm Springs is named as additional insured as their interest may appear. * EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION CITYOPS SHOULD ANY OF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORETHEEXPIRATIONI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN _ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL City of Palm Springs IMPOSE NO OBLIGATION OR LIA BILITY OF ANY KIND UPON THE INS URER,ITS AGENTS OR P. O. Box 2743 Palm Springs CA 92263-2743 REPRESENTATIVES, A AUTHORIZED REPRESEM'ATIVEJ�4P. I ,Tohn Riordan ACORD 25(2001108) 0 ACORD CORPORATION 1988 MEM0RANIDUM TO: Cathy Van Horn Community & Economic Development FROM: Kathie Hart Chief Deputy City Clerk DATE: June 14, 2005 SUBJECT: Agua Caliente Development Authority, A5028 cc: File Attached are three copies of the above referenced agreement for your distribution. The recorded original document shall be on file in our office. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach.