HomeMy WebLinkAbout5/18/2005 - STAFF REPORTS (22) CITY COUNCIL MAY 18, 2005
NEW BUSINESS
SUBJECT: AGREEMENT FOR PLACEMENT AND REIMBURSEMENT OF PUBLIC
ART BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS
CLASSIC, LLC.
FROM: David H. Ready, City Manager
By: Community & Economic Development
SUMMARY:
Palm Springs Classic, LLC (Lennar/Empire Communities), Owner of the Escena Project
submitted a proposal to the Public Arts Commission to provide public art at the major
entrances and in other publicly accessible areas within the Escena Community. The
Owner has proposed placing works of art within the project during the on-site
improvement and landscaping phase, rather than later as homes are built. Once
construction begins and public art fees are generated on the project, the Owner is
seeking to be reimbursed an amount not to exceed $500,000.00 or for the value of the
public artwork placed on sites approved by the Commission, whichever is less, as
allowed by the Ordinance.
RECOMMENDATION:
Adopt Minute Order No._ Approving an Agreement with Palm Springs Classic,
LLC in an amount not to exceed $500,000 for placement and reimbursement of work
of public art on the Escena Project.
STAFF ANALYSIS:
Palm Springs Classic, LLC (Lennar/Empire Communities), Owner of the Escena Project
submitted a proposal to the Public Arts Commission to provide public art at the major
entrances and in other publicly accessible areas within the Escena Community. The
Owner has proposed placing works of art within the project during the on-site
improvement and landscaping phase, rather than later as homes are built. Once
construction begins and public art fees are generated on the project, the Owner is
seeking to be reimbursed an amount not to exceed $500,000.00 or for the value of the
public artwork placed on sites approved by the Commission, whichever is less, as
allowed by the Ordinance.
The Owner proposes to pay for the acquisition and installation of works of public art in
advance of the actual collection of public art fees assessed on the Escena Project. The
Item No. 5 . A .
Owner is requesting that the City approve up to $500,000 of future public art fees
assessed on the Escena Project to be reimbursed to them, as established under
Ordinance No. 1490, Section 3.37.070 (a), (c) and (d). The $500,000 request is based
on estimated art fee calculations submitted by the Owner. The calculation is based on a
quarter percent (.25%) of the total building valuation using the City's Building Valuation
computation methods, as provided in the Ordinance.
The Owner will submit complete application forms for each work of art including, but not
limited to, site plans, landscaping plans, and renderings as requested by the Public Arts
Commission for approval of all artwork considered for the project. The application shall
include a budget for the cost of the design, materials, and installation of the artwork.
Other works of art that are paid from private funds will also be approved by the Public
Arts Commission when placed in public view but only as they relate to the overall
complement of other "public" works of art. All works of art are owned and maintained by
the Owner (and ultimately, the HOA).
As permits are issued and public art fees assessed on the construction of structures at
the Escena Project, the art fees will start to accumulate at which time the Owner can
begin to request reimbursement for the approved works of art under the Public Arts
Program. The Owner will submit requests for reimbursement to the Public Arts
Administrator. The Owner is entitled to be reimbursed the maximum $500,000 under
this contract, or the actual amount paid for artwork, whichever is less.
The Owner understands and accepts the full risk of acquiring and installing the artwork
prior to any public art fee collections. The Owner further understands and accepts that
the contract amount and reimbursement would only be up to $500,000 but may be less
based on actual costs for acquisition and installation of the approved works of art under
the City's Public Arts Program, or if the payment of fees from the project is less than
estimated. The Owner agrees that all parcels sold to other builders shall not be exempt
from paying public art fees assessed on the project. The Owner shall include in their
bulk land sales contracts that the "public art fee" on future development for the Escena
Project shall be subject to this Agreement and cannot be waived, deferred or reduced.
The Owner has submitted complete applications and sought approval from the Public
Arts Commission for the placement of artwork on sites near the primary entrances to the
Escena Project. The Commission approved the following works of public art and sites
at their April 14, 2005 meeting.
A) Art Trees by John Oleinik. A cluster of five trees varying in height from 17'
to 23' placed near the Gene Autry South entrance to the project. The
trunks of the trees are made of Corten steel and the leaves are made of
Plexiglas. The Commission reviewed the materials and feels comfortable
that the artwork will withstand the desert environment relating to heat,
wind and sand. The cost of the five art trees is $100,250.
B) Emergence III by Bruce Niemi. The bronze sculpture is fifteen feet tall and
will also be placed near the Gene Autry South entrance. The cost is
$57,500.00.
C) Abstract Animals by Virgil Villers. Three (3) abstract animal figures in
varying heights (41 — 60") placed in the triangles of the roundabout off the
Vista Chino entrance. The animals will be mounted on large rock
formations to give additional height. The cost is $39,800.
Ownership and maintenance of the works of public art remain with Palm Springs
Classic, LLC, and ultimately be conveyed to the HOA. The projects CC&R's will reflect
the maintenance responsibilities and grant of easement for public accessibility.
FISCAL IMPACT:
The Finance Department shall maintain the public art fees collected on the Escena
Project with accounting records established to sufficiently identify and control these
funds. The reimbursements shall be processed through the city's established warrant
payment procedure on a quarterly basis. There is no negative fiscal impact to the City
as the Owner is seeking reimbursement for a cost they have incurred and which allowed
by the Ordinance, and the Owner bears the risk that the costs could be higher or
revenue lower. No general fund money will be used for this project.
II'' ''
hn aymona�u�irector David H. Ready, City,
Community & Economic
"Development
��hy Va�Horn Administrator
Public Arts Program
Attachments: Minute Order
Reimbursement and Placement of Artwork Agreement
AGREEMENT FOR PLACEMENT AND REIMBURSEMENT
OF PUBLIC ART BY AND BETWEEN
THE CITY OF PALM SPRINGS AND PALM SPRINGS CLASSIC, LLC
AGREEMENT NO.
This AGREEMENT FOR PLACMENT AND REIMBURSEMENT OF PUBLIC ART made
and entered into this day of , 2005, between the CITY OF PALM
SPRINGS, CALIFORNIA-,a municipal corporation, hereinafter called the CITY, and
PALM SPRINGS CLASSIC, LLC, a California corporation, hereinafter called OWNER.
RECITALS
WHEREAS, the City established Ordinance NO. 1479, a Public Arts Program and Fund
pursuant to Chapters 2.24 and 3.37 (Public Art Ordinance) of the Palm Springs
Municipal Code and Section 9311.00 of the Palm Springs Zoning Ordinance; and
WHEREAS, the Public Art Ordinance authorizes the placement of works of art on
appropriate private property in a manner which encourages public access and viewing
of the artwork; and
WHEREAS, the City has established that under the Public Art Ordinance, artwork may
be directly provided by the developer or an "in lieu" fee may be paid; and
WHEREAS, the Owner proposes to install public artwork on publicly accessible sites
throughout the development known as the Escena Project, PD 231, Case No. 5.0666,
TTM 32233 attached hereto as Exhibit "A" ("Artwork"); and
WHEREAS, the Owner will install works of art on sites approved by the Palm Springs
Public Arts Commission, as part of the master landscaping plan, prior to start of
residential development at their sole cost and expense, such work described in Exhibit
"B" (Site); and
WHEREAS, the Owner has also submitted a proposal to the City of Palm Springs Public
Arts Commission (Commission) seeking reimbursement of public art fees to be paid
from the project in an amount equal to the value of the artwork as approved by the
Commission but not to exceed $500,000; and
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and in
consideration of the mutual covenants indicated between the City and Owner, it is
hereby agreed that:
0q 4
Chapter 1. Placement of Artwork
1.1 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.
1.2 Agreement to Commission Work of Art. Owner has commissioned three
separate works of art described and shown on Exhibit "A". Owner is solely responsible
with respect to the contract entered into for the commissioning of the Artwork
("Contract") including responsibility for all payments to be made there under.
1.3 Duties of Owner. The Owner owns certain property ("Property") generally
known as Escena Project, and has agreed to permanently locate the Artwork on a
portion of the Owner's property which portion is generally depicted and described in
Exhibit "B". Owner shall provide for the installation of the Artwork on the Site at its sole
cost and expense, including, without limitation, constructing any improvements
necessary for displaying the Artwork. Upon installation, Owner shall submit a copy of
the invoice paid to the Artist and related subcontractors for all works of public art under
this Agreement for the purpose of future reimbursement.
1.4 Locations and Removal of Artwork, Each Artwork 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 Artwork 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 Chapter 2.1 below to City or (ii) replace the
Artwork with substitute Artwork of a comparable quality and value as determined in the
sole discretion of the Commission.
1.5 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.
1.6 Ownership. Upon the acceptance of the Artwork and payment therefore,
the Artwork and all rights thereto shall be conveyed by Artist to Owner. The Artwork
shall remain the property of the Owner, provided, however, that the Owner shall transfer
ownership of the Artwork to any successor in interest of the Site.
1.7 Maintenance. Owner shall provide all maintenance necessary as
recommended by the artist with respect to the Artwork to preserve such Artwork 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 Artwork within fourteen (14) calendar days of such damage being
2
discovered. In the event any graffiti is discovered on the Artwork, owner shall remove
such graffiti on the day it is discovered. So long as the Artwork remains on the Site,
Owner shall keep, maintain, repair and replace the Artwork in a good, clean and first
class condition and of the highest quality. Materials used to restore, repair or replace
any portion of the Artwork shall be of equal or better quality than the original materials
used in the Artwork. When necessary, Owner shall consult the artist or another
competent 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 Artwork, 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.
1.8 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 Artwork 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.).
1.9 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 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, 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 Chapter 1.10 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.
3
(c) Fine Arts Insurance. Owner shall procure and maintain fine arts
insurance on the Artwork 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 Chapter
1.9. 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
Chapter 1.9 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.
1.10 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 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 solely from the willful
misconduct of the City, its officers, agents, representatives or employees who are
directly responsible to the City.
1.11 Riqhts to Artwork. All copyrights to the Artwork shall be transferred to the
Owner together with the Artwork. Artist and Owner shall share copyright to the Artwork
with the City in accordance with the terms and conditions set forth in Exhibit "D"
attached hereto ("Copyright Agreement").
4
Chapter 2. Reimbursement of Art Fee
2.1 Refund of Art Fee. The Owner shall be reimbursed Public Art Fees in an
amount not to exceed $500,000. The Owner has submitted a proposed Art Fee
Calculation Schedule attached as Exhibit "C" which estimates total art fees paid by the
project of approximately $500,000. In the event the Owner installs works of public art
with a value approved by the Commission of less than the maximum of $500,000, the
remaining (surplus) funds stay in the Public Arts Fund Account to be available for other
public art projects located in the City of Palm Springs. If the Owner installs works of
public art and the total cost exceeds the maximum $500,000, the Owner shall be
responsible for the excess amount and only reimbursed up to the maximum amount
allowed under this Agreement.
2.2 Term. The Term of this Agreement shall be Ten (10) years from the date
of execution or until a cumulative amount of $500,000 in public art fees is generated by
the project and reimbursed to Owner, whichever is sooner. If, during the term of this
Agreement, the cumulative amount of art fees paid by all phases of the project are less
than $500,000, the Owner shall be reimbursed only up to the amount paid in art fees on
the project but not more than $500,000.00.
2.3 Reimbursement Request. Upon commencement of residential
development and the collection of Public Art Fees, Owner shall submit quarterly
reimbursement requests to the Public Arts Administrator. The amount of the
reimbursement request shall not exceed the public art fees collected for the project for
the quarterly statement period.
2.4 Sale of Property. The Owner agrees and acknowledges that all parcels
sold to other builders, whether in bulk or individually, shall not be exempt from paying
Public Art Fees incurred for any development in which a public art fee is assessed on
the Escena Project.
2.5 Privatization of Site. Should any of the works of public art subject to this
Agreement be placed on property that becomes gated, walled, restricted or otherwise
inaccessible to the public, then the value of such piece as determined in this Agreement
shall be reimbursed by the Owner to the Public Arts Fund. If the Owner has not yet
received reimbursement from the City subject to the Public Arts Ordinance and this
Agreement, the total amount of reimbursement due to the Owner shall be reduced by
that amount.
2.6 Accountinq. The City Finance Department shall maintain the public art
fees collected on the Escena Project with accounting records established to sufficiently
identify and control these funds. The reimbursements shall be processed through the
city's established warrant payment procedure quarterly.
5
Chapter 3. General Provisions
3.1 Default Cure Riqhts. 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.
3.2 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.
3.3 Successors and Assiqns. 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.
3.4 Attorneys' 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.
3.5 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.
3.6 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.
3.7 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
IN WITNESS WHEREOF, the City and Owner have hereunto caused these presents to
be executed the day and year first above mentioned.
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:
City Attorney
Exhibit "A"
Art Tree by John Oleinik
A cluster of five trees varying in height from 17' to 23' placed near the Gene
Autry South entrance to the project. The trunks of the trees are made of Corten
steel and the leaves are made of Plexiglas. The Commission reviewed the
materials and feels comfortable that the artwork will withstand the desert
environment relating to heat, wind and sand. The cost of the five art trees is
$100,250.
SouthExhibit "A"
Emergence III by Bruce Niemi.
The bronze sculpture is fifteen feet tall and will also be placed near the Gene
Autry - cost00 0•
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EXHIBIT "A"
Abstract Animals by Virgil Villers.
Three (3) abstract animal figures in varying heights (41 — 60") placed in the
triangles of the roundabout off the Vista Chino entrance. The animals will be
mounted on large rock formations to give additional height. The cost is $39,800,
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Site 1
Art Trees
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Emergence III
17
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Art Fee Calculation
Escena Art Fee: 0.25% of Replacement Value
Build Area Lot Homesites Home Replacement Value
Art Fee
Plan Area/Product Type Size (Acres) Size(Sq. Ft.) TT Map Sq. Ft. Cost/Sq. Ft. Home Value Total Value Total
PA IA-Attached 10.00 SFA 1S/Ac ISO 1,100 $93.00 $102,300.00 $18,414,000 $46,035
PA 1B -Attached 10.00 SFA 1S/Ac ISO 1,300 $91.00 $118,300 $21,294,000 $53,235
PA 1C-Attached 9.50 SFA 1S/Ac 171 1,500 $89.00 $133,500 $22,828,500 $57,071
P 2A - Detached Golf 7.30 5,500 38 2,000 $82.00 $164,000 $6,232,000 $15,580
P 2B -Detached 10.30 5,250 35 2,200 $81.00 $178,200 $6,237,000 $15,593
PA 5A1 -Attached 11.90 SFA S/Ae 92 1,750 $34,00 $147,000 $13,524,000 $33,810
P 5B -Detached Golf 8.60 6,000 41 2,500 $79.00 $197,500 $8,097,500 $20,244
P SC -Detached 16.20 5,250 85 2,200 $81.00 $178,200 $15,147,000 $37,868
P 6 -Detached 13.80 7,150 58 2,850 $75.00 $213,750 $12,397,500 $30,994 �-
PA 7A & 5A2 10.70 TH 121 Ac 128 1,600 $88.00 $140,800 $18,022,400 $45,056
P 7B -Detached Golf 16.30 6,000 61 2,500 $79.00 $197,500 $12,047,500 $30,119 k
P 7C -Detached 16.80 6;825 83 2,700 $77.00 $207,900 $17,265,700 $43,139
P 8 -Detached 11.80 7,150 43 2450 $75.00 $213,750 $9,191,250 $22,978
P 9A Detached Golf 12.10 5,50b, _ 48 2;1100 $82.00 $164,000 $7,872,000 $19,680
5,�50 44 �`_ 2r200:: $81.00 $178,200 $7,840,800 $1a6oz
P9B-Detached 14.40
110,te1
1,287 Total $196,401,150 $491,003
(STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
(SEAL)
11
EXHIBIT "D"
COPYRIGHT AGREEMENT
This COPYRIGHT AGREEMENT ("Agreement") is entered into as of
, by and between the CITY OF PALM SPRINGS, a
municipal corporation ("City"), ("Artist") and Palm Springs
Classic, LLC
Owner has commissioned a work of art ("Artwork") created by the Artist and more
particularly described in that certain Agreement for Placement of Art on Private Property
and Grant of Easement dated , 200, by and between the City and
Owner ("City Agreement"). Artist hereby acknowledges the City Agreement. Artist has
delivered the completed Artwork to Owner and Owner has accepted the Artwork.
Pursuant to the City Agreement, Artist has transferred all rights under applicable
copyright laws to the Artwork to Owner. Artist and Owner hereby agree to share
copyright to the Artwork 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 Artwork 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 Artwork 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.
12
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
first above written.
"OWNER"
a
By:
Its:
"ARTIST"
(Name of Artist Here)
"CITY"
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
13 .: �,
MINUTE ORDER NO
APPOVING THE AGREEMENT FOR PLACEMENT AND
REIMBURSEMENT OF PUBLIC ART BETWEEN THE
CITY OF PALM SPRINGS AND PALM SPRINGS
CLASSIC, LLC IN AN AMOUNT NOT TO EXCEED
$500,000 FOR PLACEMENT OF WORKS OF ART ON
THE ESCENA PROJECT.
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this
Minute Order approving the Agreement for Placement and Reimbursement of Public
Art between the City of Palm Springs and Palm Springs Classic, LLC, in an amount
not to exceed $500,000 for placement of works of art on the Escena Project, was
adopted by the City Council of the City of Palm Springs, California, in a meeting
thereof held on May 18, 2005.
JAMES THOMPSON, City Clerk