HomeMy WebLinkAbout9/15/2004 - STAFF REPORTS (11) Date: September 15, 2004
To: City Council
From: Director of Community& Economic Development
APPROVAL OF THE AGREEMENT OF PURCHASE AND SALE OF PUBLIC ARTWORK
RECOMMENDATION:
That the City Council approve the Agreement for Purchase and Sale of Public Artwork for
$50,000 by and between the City of Palm Springs and Jeffrey A. Fowler.
BACKGROUND:
The Public Arts Commission entered into an Agreement with Jeffrey A. Fowler(Artist)to display
on a temporary basis, a 6'4" bronze sculpture titled Chairman of the Links. The sculpture has
been on loan to the City for a year and a half and is located on a pad next to the Welwood
Murray Library. The Artist submitted a letter in November 2003 proposing that the Commission
consider purchasing the sculpture for$50,000.00.
The Commission approved the proposal at a special Public Arts Commission on June 29, 2004.
The Commission requested that the Artist perform minor maintenance on the sculpture as
needed. The Artist agreed to the request for a period of three years, at no cost to the City.
Prior to approval, the Commission requested specific information in order to make the decision
to purchase the artwork. The information requested included: verification of value; revenue and
expenditure update (budget); project update; clarification about language in the Ordinance; and
the cost and value of other sculptures owned by the City. Attached is the Arts Commission Staff
Report with the details on the project. he sculpture will be paid from the Public Arts Fund
Account 0-4408- 9015.
Dir ctor of Comm Ai & Economic Development
Approved: �-
City Manager
Attachments: 1) Minute Order
2) Public Arts Commission Staff Report (6129104)
3)Agreement For Purchase and Sale of Public Artwork
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Date: June 29, 2004
To: Public Arts Commission
From: Cathy Van Horn, Public Arts Administrator
Re: Chairman of the Links
In November 2002, Jeffrey Fowler proposed to the Public Arts Commission his intent to loan, for
a period of one year, a life size 6'4"cast bronze sculpture entitled Chairman of the Links. The piece
is Number 1 of 9 dated 2000 signed by Mr. Fowler.
The sculpture location is outside (south) of the Welwood Murray library on Palm Canyon Drive, on
an existing concrete pedestal.
An Agreement for Temporary Public Exhibition of Sculpture was executed on December 2, 2002,
for a one year term. An Amendment was executed on December 3, 2003 extending the Agreement
to June 30, 2004.
On November 13,2003, Mr. Fowler submitted a proposal to the Public Arts Commission,requesting
consideration to purchase the sculpture for$50,000. The proposal gives the Commission an option
to make payments Over a 12-month period. The Commission asked for time to consider the
proposal and asked staff to send a letter to Mr. Fowler asking him to provide an appraisal or other
evidence of value from a third-party appraiser or art gallery.
At the June 10'h Commission meeting the Commissioners asked for information about the budget
and a list of projects committed for the next fiscal year. A special meeting was called for June 291h
to allow the current Commissioners to vote on whether to purchase the Chairman of the Links.
Other information that was requested by the Commissioners was a clarification about the language
in the Ordinance as it pertains to purchasing original works of art and the cost or value of other
sculptures owned by, on loan or donated to the City.
The following information outlines the requested information.
Verification of Value:
In May, 2004, Mr. Fowler submitted three letters supporting his proposed price. The letters are from
the following people: Lori Boell with Gabriel Bey Charles, Ltd, a fine art representative; Mrs
Raymond S. Adams, a purchaser of one of the first castings of Chairman of the Links; and Joyce
Addiscott with Graeme Baxter Golf Galleries who has on display for sale sculpture Number 3 of 9.
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Revenue and Expenditure Update:
Revenue for fiscal year 2003/04 through May, 2004 totaled $475,379.60 or an average of
approximately $43,000 per month.
The approved Expenditure Budget for fiscal year 2004/05 totals $277,488 of which $80,000 is for
specialized equipment (acquisition or art projects) and $26,000 for arts maintenance.
Staff expects Revenue to be about the same for the 2004/05 fiscal year or trend up slightly.
Construction activity continues at a record high. To support this estimate, in 2002-03, there were
79 permits issued for single family dwellings with a valuation of$20,153,569. This fiscal year(2003-
04)through April 2004, 603 permits were issued with a total valuation of$143,858,851. This is for
single family dwellings only, and does not include commercial or industrial development. If
construction projects continue, as expected, the Public Arts Fund can expect healthy revenue
collections for the next five to seven years. Factors that could have a negative effect on
construction activity would be referendums or initiatives to stop development of certain projects
and/or a downturn in the national, state or local economy.
Project Update:
The following information lists projects that have either been approved by the Commission, are
under consideration for purchase, and known art-in-lieu applications.
Projects approved by the Commission:
City's Entryway Sign -Construction estimate $80,000
Other Entryway Signs- design only estimate $25,000
Desert Museum-Tahquitz Corridor Project $50,000 (per year for five years)
Gene Autry- 1-10 Corridor- design cost $30,000 (encumbered)
Acquisition Considerations:
Joshua Tree Murals (2) $40,000
Chairman of the Links $50,000
Developer Art-in-Lieu Projects: (rebates of paid art fees)
Sunrise Place (Ralphs/Sav-On Center) $30,000
Airport Self-Storage $13,000
Indian Canyon Resort $12,000
Public Arts Ordinance:
The Ordinance does not prohibit the Commission from buying limited editions. Under Section
3.37.040 Public Arts Fund (e) Ineligible Expenditures (1) states "Reproductions of original work
except limited editions."
Section 3.37.110 Application Procedures for Placement of Artwork on Private Property states "Any
artwork being placed on private property as part of the City's Public Arts Program shall be a one-of
a-kind piece."
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The Commission establishes eligibility criteria for artwork selection. The criteria includes quality of
artwork, media, style, environment, elements of the design and diversity. The method by which the
Commission can select artwork include direct purchase, direct commission, limited competition or
open competition.
CostlValue of other Sculptures:
There are 28 works of art on display throughout the city representing a variety of media - outdoor
and indoor murals; acrylic paintings; bronze sculptures; and glass sculptures. The bronze
sculptures selected for comparison purposes are life-size or large pieces like the Chairman of the
Links. The list provides a brief history of the cost to the City to acquire the artwork, or the cost to
install the artwork whether it is on loan, donated or purchased.
1. Agua Caliente Women, by Doug Hyde. The cost was $141,000. The piece was
commissioned by the City of Palm Springs in 1993 to honor the Agua Caliente Band of
Cahuilla Indians.
2. Lucille Ball by Emmanuil Snitkovsky is valued at $120,000. The total cost to the City was
$15,975. An additional $5,000 was paid to the artist by the Liebling Trust and Walk of Stars.
3. Frank Bogert on horseback, by Raymondo Kobo cost$75,000. The piece was paid for by
a committee who raised the money and donated to the City in 1989. We do not have a
record of the installation cost or who paid for the installation as it predates the Public Arts
Commission.
4. Standing Woman, by Felipe Castaneda is valued at $35,000 and was donated to the City
in 1993 by B. Lewin Galleries. The city paid $2,300 for the installation and the base. The
piece is#1 of 7 and is 70"tali.
5. Charlie Farrell, by George Montgomery is valued at $50,000. The "Friends of Charlie
Farrell' raised $30,000. The Public Arts Commission contributed $20,000 plus $16,000 for
the base.
6. Help is on the Way, by Jeffrey Fowler. In 1996 (February and October) the Public Arts
Commission gave the Palm Springs Police Officers Association Memorial Foundation a total
of $20,000 towards the project cost. Based on newspaper articles and notes, the
Foundation needed to raise $100,000 towards the cost of the piece which included
installation and landscaping.
7. Sonny Bono Fountain, sculpture portion by Emmanuil Snitkovsky is valued at $50,000.
This was an art-in-lieu project. The city reimbursed the developer$11,787.49, the amount
of his art fee.
8. Circle of Life, designed by Andy Nelson and sculpted by Myra Nelson is valued at
$122,500. This was an art-in-lieu project with a total of$89,626,50 reimbursed to Desert
Hospital which represented 50% of the total cost ($179,653).
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9. The Entertainer, by John Kennedy valued at $39,000, was donated to the City in 1995.
The Gift Agreement has a stipulation that no other copies of the piece would be displayed
in public spaces anywhere in California.
Conclusion:
The artist has provided the verification of value as requested in correspondence dated February
25, 2004.
The Revenue and Expenditure update shows that funds are available to purchase the sculpture.
If the Commission decides to purchase the piece the City Council will have final approval.
The Ordinance does not restrict or prohibit the Commission from purchasing limited edition artwork.
The one-of-a-kind restriction applies to art-in-lieu applications for works on private property only.
The decision to purchase the sculpture rests with the Commission based on the artistic merits of
the piece, and the Commissions goals in acquiring or commissioning artwork.
AW 1/7
AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ART WORK
("Agreement") is entered into this 1" 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 .
1A Purchase Price. The City agrees to purchase the Sculpture for Fifty
Thousand and no1100 ($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 Ci '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.
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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.
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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.
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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 party 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 party'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 parry'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 Rights 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 parry 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 parry.
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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.
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9. Insurance. Artist shall procure and maintain, at its sole cost and expense, policies
of insurance:
9.1 Comfrehensive 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
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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 under 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."
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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
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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 from;
(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. Integration, 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
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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 parry 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
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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 parry 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.
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
first above written.
Jeffrey A.Fowler,Artist
(Tax I.D. Number)
By:
Jeffrey A. Fowler, Artist
ATTEST: CITY OF PALM SPRINGS
a municipal corporation
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
CITY ATTORNEY
David J. Aleshire
End of Signatures
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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:
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:
At�
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ENMIT °C
SPECIAL REQUIREMENTS
There are no special requirements under this agreement.
882)014084a l4
10843806 a0751104 14
EXHIBIT "D"
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT is made as of
from JEFFREY A. FOWLER, an individual ("Seller"), to the CITY OF PALM 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)
Jeffrey A. Fowler
882/0140M 0014
1084M06a1207100 EXHIBIT"D" 15
MINUTE ORDER
APPROVING THE AGREEMENT OF PURCHASE
AND SALE OF PUBLIC ARTWORK BY AND
BETWEEN THE CITY OF PALM SPRINGS, A
MUNICIPAL CORPORATION (CITY)AND JEFFREY
A. FOWLER (ARTIST), FOR $50,000.00.
1 HEREBY CERTIFY that the Minute Order approving the Agreement of Purchase and Sale of
Public Artwork by and Between the City of Palm Springs, a Municipal Corporation (City) and
Jeffrey A. Fowler(Artist), for$50,000.00 was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on September 15, 2004
PATRICIA A. SANDERS
City Clerk