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HomeMy WebLinkAbout12/17/2003 - STAFF REPORTS (3) Date: December 17, 2003 To: City Council From: Director of Community & Economic Development APPROVAL OF THE FIRST AMENDMENT TO TEMPORARY PUBLIC EXHIBITION OF SCULPTURE AGREEMENT#A4606 RECOMMENDATION: That the City Council approve the First Amendment to Temporary Public Exhibition of Sculpture Agreement#A4606 for an extended exhibition period ending June 30, 2004, and paying the insurance cost in the amount of$892.97. BACKGROUND: The Public Arts Commission entered into an Agreement with Jeffrey A. Fowler(Artist)to display a sculpture titled "Chairman of the Links" on a temporary basis, for an exhibition period of one year. The exhibition period expired December 1, 2003 and it is the desire of the Commission and the Artist to extend the exhibition period to June 30, 2004. The Commission also agreed to pay the cost for the general liability insurance coverage for the extended exhibition period in the amount of$892.97. The sculpture is located on a pad site next to the Welwood Murray Library on Palm Canyon Drive. All other terms and conditions of the Agreement remain in full force and effect. Director o Community & Economic Development e_ Approved: City Manager Attachments: 1) Minute Order FIRST AMENDMENT TO TEMPORARY PUBLIC EXHIBITION OF SCULPTURE AGREEMENT This First Amendment to the Temporary Public Exhibition of Sculpture Agreement#A4606 is made effective as of December 8, 2003, by and between the City of Palm Springs, a municipal corporation ("City") and Jeffrey A. Fowler("Artist"). 1.) On Recitals made on December 2, 2002, the Artist created a sculpture entitled "Chairman of the Links"which was approved for temporary exhibition by the City's Public Arts Commission. The sculpture is located on a pad site next to the Welwood Murray Library, downtown Palm Springs, 2.) The Artist loaned the Sculpture to the City for an Exhibition Period of one year ending December 1, 2003. 3.) All costs are the sole responsibility of the Artist, except that the City will pay the Artist the expense of the insurance cost which shall not exceed $1,000.00. NOW THEREFORE for good and valuable consideration,the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1.) Exhibition Period. The Artists hereby consents to continuous display of the Sculpture at the Site for an additional six months ending, June 30, 2004. The Artist acknowledges that such consent is given freely and knowingly, and that no attempt will be made by the Artist to remove the work prior to the expiration of this period without the written consent of the City. The City reserves the right to decline or terminate the Sculpture's exhibition prior to the expiation of the period described above. 2.) Insurance Compensation. The Artist shall maintain the General Liability Insurance Policy currently in place, during the entire term of this agreement. The City agrees to pay the cost to renew the insurance policy in the amount of$892.97 for the extended term of tine exhibition period. All other terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the date first written above. Artist: Jeffrey",'. Fower ,F r ATTEST: City of Palm Springs a municipal corporation By: By: City Clerk Director of Community& Economic Development �' � 2 MINUTE ORDER APPROVING THE FIRST AMENDMENT TO TEMPORARY PUBLIC EXHIBITION OF SCULPTURE AGREEMENT #A4606 BY AND BETWEEN THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION (CITY)AND JEFFREY A. FOWLER (ARTIST), FOR AN EXTENDED EXHIBITION PERIOD ENDING JUNE 30,2004,AND PAYING THE INSURANCE COST IN THE AMOUNT OF $892.97. 1 HEREBY CERTIFY that the Minute Order approving the Amendment to Temporary Public Exhibition of Sculpture Agreement#A4606 for an extended exhibition period ending June 30, 2004 and paying the insurance cost in the arnount of$892.97 was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the December 17, 2003. PATRICIA A. SANDERS City Clerk �. 1J