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HomeMy WebLinkAbout04963 - JEFFREY FOWLER PURCHASE SALE PUBLIC ARTWORK CHAIRMAN LINKS WELWOOD MURRAY LIBRARY Jeffrey A. Fowler Purchase/Sale of Public Artwork AGREEMENT 44963 MO 7551, 9-15-04 AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ART WORK ("Agreement") is entered into this V day of September, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City"), acting by and through its Public Arts Commission(the "Commission") and Jeffrey A. Fowler, an individual ("the Artist"). RECITALS A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission and an Art In Public Places Program ("Program"). Palm Springs Municipal Code Section 3.37.040 authorizes the use of public art funds for the acquisition of artwork to be displayed in the City. B. On November 13, 2003, the Artist submitted a proposal to the Commission for the sale of an art piece referred to as "Chairman of the Links" ("Sculpture"), a photograph which is attached hereto and incorporated herein as Exhibit "A", for the purchase price of$50,000. C. The Sculpture is currently installed in a public space, on South Palm Canyon Drive next to the Welwood Murray Library as depicted on Exhibit "B", which is attached hereto and incorporated herein (the "Site"). D. Consistent with the objectives of the Commission, and in furtherance of the Program, City desires to purchase the Sculpture from the Artist, and the Artist desires to sell to City. The Artist agrees that City shall have the right to move the Sculpture from the Site to another public space, if desired, in the City's sole discretion, at any time in the future. NOW, THEREFORE, City and Artist, for the consideration and under the conditions hereinafter set forth, and pursuant to the authority, terms and conditions set forth in Municipal Ordinance No. 1479, agree as follows: 1. Scope of Proposal . 1.1 Purchase Price. The City agrees to purchase the Sculpture for Fifty Thousand and no/100 ($50,000). The payment will be paid from the Public Arts Fund Account 150-4408-50015 and is payable within 30 days from City Council approval. 1.2 City's Right to Move Sculpture. In its sole discretion, the City has the right, at any time, to move the Sculpture to another public location provided that the Sculpture is not destroyed, mutilated, or modified, as those terms are used in 17 U.S.C., § 106A, and so long as the Sculpture can be described as created by the Artist. 1.3 Consultation and Maintenance of Sculpture. The parties agree to cooperate and consult each other during life of the Artist and during ownership of the Sculpture by the City for any and all extraordinary conservation and maintenance issues. 6621014084-0014 V"�I d/-_?E i`.=�?•- : . 108438 06 a07131104 City and Artist agree that the Artist will, upon request by the Commission, perform routine maintenance procedures, at no cost to the City, for a period of thirty-six (36) months. The Commission shall have sole discretion to approve and accept maintenance recommendations. 2. Ownership of Documents_ Models. City acknowledges and agrees that Artist is the exclusive intellectual property right owner of any and all designs, drawings, models and artwork created by the Artist pursuant to this Agreement. 3. LEFT BLANK INTENTIONALLY 4. Artists' Warranties/Waivers. 4.1 Defects in Materials or Workmanship. Artist warrants that the Sculpture will be free of defects in workmanship or materials, and that Artist will at Artist's own expense, remedy any defects due to faulty workmanship or materials appearing over the life of the Sculpture. This warranty includes any workmanship or materials which cause the Sculpture to deteriorate in a manner inconsistent with the design, the approved plans and specifications or as would otherwise be expected from products made of similar materials, or from any quality within the material which comprise the Sculpture which either alone or in combination result in the tendency of the Sculpture to deteriorate. 4.2 Public Safetv. City and Artist shall cooperate to ensure that the Sculpture incorporates no feature which is a danger to the public such as sharp edges or points. The Commission shall review the Sculpture and shall request any modifications relative to public safety prior to the sale of the Sculpture. Any modifications requested by the Commission shall be governed pursuant to Section 1.3 above. Should hazards in relation to the pad site and Sculpture become apparent after the sale, City shall have the right to make adjustments and modifications thereto to eliminate such hazards. Artist agrees to cooperate in making adjustments to the pad site and, if necessary, to eliminate other hazards which become apparent within one (1) year of the date the sale of the Sculpture. 4.3 Title. Artist warrants that the Sculpture is the result of the artistic efforts of Artist and no other person, and that the Sculpture will be transferred to City free and clear of any liens, claims or other encumbrances of any type. 4.4 Limited Edition. Artist warrants that the Sculpture is a Limited Edition, Number 1 of 9, and that, except for those other works Numbered 2 through 9, Artist will not execute or authorize another person or entity to execute another work of the precise color, shape and size as the Sculpture purchased by City pursuant to this Agreement. This warranty and covenant shall be binding on Artist's heirs and assigns. 882V4084,0014 10843800a07/31/04 2 5. Excuse or Suspension of Contractual Obligations: Force Majeure. The time period(s) specified in the Proposal for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Artist, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if Artist, within fifteen (15) days of the commencement of such delay, notifies the Commission in writing of the causes of the delay. 6. Instructions for Maintenance of the Sculpture. Upon completion of the sale of the Sculpture, Artist shall provide City with written instructions for appropriate maintenance and preservation of the Sculpture. 7. Default: Remedies. 7.1 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the defaulting parry in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting parry commences to cure such default within fifteen (15) days of receipt of such notice and completes the cure of such default within thirty (30) days after receipt of the notice, or such longer period as may be permitted by the injured party; provided that if the default is or presents an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to take legal action in the event that the dispute is not cured. 7.2 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A parry's consent to or approval of any act by the other party requiring the first parry's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.3 Ri6ts and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties hereunder are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 LEFT BLANK INTENTIONALLY 8821014084-0074 10843806 a07131/04 3 7.5 Termination for Default of Artist. City shall have the right to terminate this Agreement for cause upon any material breach by Artist of the obligations imposed upon Artist under this Agreement, subject to the requirements of Section 7.1 above. 7.6 Termination for Default of City. Artist shall have the right to terminate this Agreement for cause upon any material breach by City of the obligations imposed upon City under this Agreement, subject to the requirements of Section 7.1 above. 7.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on appeal, and in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal. 8. LEFT BLANK INTENTIONALLY 9. Insurance. Artist shall procure and maintain, at its sole cost and expense, policies of insurance: 9.1 Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit. 9.2 Workers' Compensation Insurance. The Artist does not have any employees,therefore, Workers' Compensation Insurance shall not apply. 9.3 Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) per person and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence and property damage liability limits of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence and TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) in the aggregate, (ii) combined single limit liability of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), or (iii) limits as set by the City Risk Manager. Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance and shall name City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City, its officers, representatives, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written 6821014084-0014 WMB 06 a0713" 4 notice by registered mail to City. In the event any of said policies of insurance are canceled, Artist shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Commission. No work or services wider this Agreement shall commence until Artist has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by City. The policies of insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated"A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Risk Manager due to unique circumstances. 10. Ownership of Sculpture/Copyright. 10.1 Bill of Sale. Upon the acceptance of the Sculpture and payment therefor by City to Artist, Artist shall convey and assign title to the Sculpture and all rights thereto, exclusive of all intellectual property rights, to City by executing and delivering the Bill of Sale in the form attached hereto as Exhibit "D" ("Bill of Sale"). Artist bears the risk of damage to or loss of the Sculpture until the title passes to City. Artist is the exclusive copyright holder of the Sculpture. 10.2 Reproductions by City. Notwithstanding the limitations in Section 10.1 above, the City has the right (without the consent of Artist)to reproduce and distribute in printed form educational materials and brochures advertising or promoting City or any other literature of City, photographs, videotapes or films and other two dimensional reproductions and models of the Sculpture as installed and accepted by City. City may also sell the above listed items to raise revenues for City purposes, to the extent such sales are consistent with current law. Artist shall have no rights to receive any royalties in relation to any reproductions of the Sculpture which are made or sold by the City. Such reproductions and use of the images of the Sculpture for the purpose described in this Section shall give reference to the Artist, and indicate the copyright registration under Artist. 11. Credits to Sculpture. 11.1 Label. A label identifying Artist, the title of the Sculpture and the year the Sculpture was completed shall be publicly displayed in the area adjacent to the Sculpture. 11.2 Artist's Credit. The City agrees that unless Artist requests to the contrary in writing, all references to the Sculpture and all reproductions of same shall credit Artist. 11.3 City's Credit. Artist agrees that all formal references to the Sculpture shall include the following credit line: "From the Collection of the City of Palm Springs, commissioned by the City of Palm Springs Public Arts Commission." GB21014084-0014 10343805 a07131104 5 12. Documentation. To the extent possible, Artist shall provide information about the Sculpture requested by the Commission for its registration files. 13. Repair and Restoration. It is the current policy of the Commission to consult with the Artist regarding repairs and restoration which are undertaken during Artist's lifetime when that is practical. To facilitate consultation, Artist will, to the extent feasible, notify the Commission of any change in his professional address. 14. Reputation. 14.1 City's Commitment. The City agrees that it will not use the Sculpture or Artist's name in a way which reflects discredit on the Sculpture or the name of the Artist or on the reputation of Artist as an Artist. 14.2 Artist's Commitment. Artist agrees that it will not make reference to the Sculpture or reproduce the Sculpture or any portion thereof in a way which reflects discredit on City or the Sculpture. 15. No Assignment or Transfer. The personal skill,judgment and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or otherwise transfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City's sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. 16 Conflict of Interest. No officer, representative or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer, representative or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, limited liability company, partnership or association in which he or she is, directly or indirectly, interested, in violation of any Federal or California statute or regulation. Artist warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 17. Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent operations or activities of Artist, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Artist hereunder, or arising from Artist's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful 8B21014084-M4 108438,06aW131/04 6 misconduct of the City, its officers, agents or employees, who are directly responsible to the City. However, in the event of negligence by the City (its officers, agents and employees, inclusive) and Artist, the liability of Artist shall be limited by the extent of its own liability. The obligations of Artist under this paragraph shall continue with respect to any claims or liabilities caused by, resulting from or connected with a breach or failure of a warranty contained herein. As to Artist's agreement to indemnify City, as provided in this Section: (a) Artist will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Artist will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Artist hereunder; and Artist agrees to save and hold the City, its officers, agents, and employees harmless there fiom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Artist for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Artist hereunder, Artist agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 18. Covenant Against Discrimination. Artist covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. 19. Inteeration; Amendments. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, unless written and signed by authorized representatives of the parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement. 20. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. 21. Licenses. Permits and Fees. Any licenses, permits, and approvals required by law for any relocation of the Sculpture on City property shall be obtained by the City. 22. Further Responsibilities of the Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be 862/014004-0014 106436.O607131104 7 reasonably necessary to cant' out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the services of the other. 23. Commission. The Commission shall be the City's designated representative with respect to this Agreement. It shall be Artist's responsibility to assure that the Commission is kept informed of the progress of Artist's services hereunder and Artist shall refer any decision which must be made by City to the Commission. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Commission. Except as otherwise directed 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 City in order to carry out the terms of this Agreement. 24, Notices. Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate, or by facsimile when followed by a facsimile confirming receipt: To Artist: Jeffrey A. Fowler 2560 Golf Club drive Palm Springs, CA 92264 Phone: 760-321-6900 Fax: 760-321-2111 To Commission: City of Palm Springs Public Arts Commission P.O. Box 2743 Palm Springs, CA 92263-2743 Attn: Cathy Van Horn Phone: 760-323-8175 FAX: 760-322-8325 Copy to: Aleshire & Wynder Attn: David J. Aleshire,Esq. 18881 Von Karman Avenue, Suite 400 Irvine, CA 92612 Phone: 949-223-1170 Fax: 949-223-1180 8SM14WO014 100M.06 0721/04 $ A change in the designation of the person or address to which submittals, requests, notices or reports shall be delivered is effective when the other party has received notice of the change by certified mail or by facsimile when followed by a return facsimile confirming receipt. 25. Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original on the same counterpart. 882101400411014 100438.06a07131104 9 08/08/2004 15:37 FAX 949 223 1180 ALESHIRE & WYNOER, LLP U 002/002 c'o�AOG-09-2004 MN 03: 13 I'll CITY OF PALM SPRINGS FAX NC, 760 322 8325 P. U2 IN 1Wfr'PJIi3S 1AIFIE'RI30B, 4bc parUis havo colored into this AgreCmm as OC the Qsltp first Ithnvo writic�li, Jdfrq A,FOWIOo ,Artist. —.. __.,—.,..._...._..._("a% r.n. Nund,or) 13y'leffroy A, r pwl........ er,.__....w..._—.__.. ' Acl[st /, r•. CITY oll PALM Sf'krN(1S y n amtmiCipalrporttirni r C liy[ t rkJ _� 13 City Mr!r,ygor � .. A P4>tz()Vl i[) A 5 'r'O vojtM: CITY AT'rORNI?Y [U®L�°7 CMG �5\ apt) f� UvJC�11L rnd orSignalores cc:n!!q�,unaa 70 00/00/21?04 MOH 'I8 IU, tiJVMX NQ 79,30] g]joo6,' IN WITNESS WI-IEREOF, the parties have entered into this Agreement as of the date first above written. Jeffrey A.Fowler,Artist (Tax I.D. Number) By: e i,"<Fo4vVytist ATTEST: CITE'OF PALM SPRINGS a municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM: d L� CITY ATTORNEY � t �'13 David J. Alesltire End of Signatures 10e430.06WMV04 10 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) r� On (�zlz -' h 200ybefore me, a notary public, personally appeared j��A- , personally known to me(or-proved-to-mean-the-basis-o€sat; .a..tory 1/ /:,M nce)-lo be the person whose name is subscribed to the within instrument and acknowledged to me that;heshe executed the same in(hi�her authorized capacity, and that L' "er signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. E AINE L.WEDEMo - WITNESS my hand and official se I. Commission# 139V015 C /" ` Notary Public-California B � `z N �� P.ivocsEdo County y' My Comm.D pires Feb 0.2007 STATE OF CALIFORNIA ) )ss. COUNTY OF RIVERSIDE ) On 200_before me, a notary public, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. By: 882J014084-8814 1004380607f31104 '�'� i k A eIJJI fi' c�k y/ f r u^ mmv..vanfic� 51 rr 7 i VI Kr l �ti x i u i i * 1 a EXHIBIT "C" SPECIAL REQUIREMENTS There are no special requirements under this agreement. 882014084-0014 10043000a07l41104 14 EXI-11BIT "D" BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT is made as of �L'k. \� ?00� from JEFFREY A. FOWLER, an individual ("Seller"), to the CITY OAPALM SPRINGS, a municipal corporation("Buyer"). That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated September 1, 2004 between Buyer and Seller(the "Purchase Agreement") Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns,that certain work created by Seller entitled "CHAIRMAN OF THE LINKS "(the "Property"), which is number 1 of 9 of a limited edition, including all right, title and interest therein, exclusive of intellectual property rights thereto. Seller does hereby represent and warrant to Buyer that Seller is the lawful owner of such personal property, and that Seller has the right to sell the same as aforesaid and will warrant and defend the title thereto unto Buyer, its successors, and assigns. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written. SELLER Jeffrey A. Fowler, an individual (Tax I.D.Number) Fo io aaea�vonao EXHIBIT "D" 15 STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On 2004 before me, a notary public, personally appeared `,�� personally known to me{or-proved-to-me-on-the-basis-of-satisfustory •edence)to be the person whose name i§ subscribed to the within instrument and acknowledged to me thatie/she executed the same i his/her authorized capacity, and that by-hi'sVher signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. IMNE L.eroCMGN6 WITNESS my hand and official seal. r Commission# i 399o15 i JJ fVoi®ry Public-C®EiEornlo By: Riverside Couniy " Nay Comm.Expires Feb 8,2007fI STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On 200 before me, a notary public, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. By: 7 yj i;l'/,I vifil ft"H­ ll (fI AM; i it Date: Thursday, September 16, 2004 To: City Clerk From: Cathy Van Hom Subject; Purchase Contract The attached contracts are being processed for signatures. Tiffany Israel reviewed and approved the contract as to form (taxed copy attached). The City Council approve the minute order on 9/15/04. Thank you, ^ CQBpm, CERTIFICAT" OF LIABILITY INSURAF"'E DATE(MM/DDIISVY) IT (" 2003 PRODUCER (909)793-2373 FAX (9ug)798-6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis & Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 470 E. Highland Ave. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 40 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIC# INSURED Jeffrey Fowler INSURER Northfield Ins. Co. 2560 Golf Club Drive INSURER Palm Springs, CA 92264 INSURER C: NSURER D: NSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE flMMi DATE IMi LIMITS GENERAL LIABILITY CP4450991 12/11/2003 12/11/2004 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1.00,00 CLAIMS MADE OCCUR MED EXP(An,one person) $ 5,00 A X PERSONAL&ADV INJURY $ 1 r D6y,r0'0` GENERAL AGGREGATE $ 1,ODD,00 DEVIL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1.000,00 POLGYF_j PROECTFj LOG J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANVAUTO (Eaacatlenp ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per..aderi PROPERTY DAMAGE $ (Per accident) GARAGE LIABILffY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S 71 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED E.L.DISEASE-FA EMPLOYEE $ If Yes, a underSPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: Operations of the named insured. Certificate Holder is an additional insured per endorsement on file with company. 0 days notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Cathy Van Horn BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3200 E. Tahqui tz OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92263 AUTHORIZED REPRESENTATIVE Ross Jones/KDKa ACORD 25(2001/i FAX: (760)322-8325 ©ACORD CORPORATION 1988