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HomeMy WebLinkAboutA4416 - JAY WOLF SCHLOSSBERG-COHEN AIRPORT ART MURAL • Jay Wolf Schlossberg-Cohen Temp Public Exhibition of Art AGREEMENT #4416 1106947, 10-17-01 AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF ARTWORK THIS AGREEMENT is entered into this 7-1 day of October, 2001 by and between the CITY OF PALM SPRINGS, a municipal corporation("City") and Jay Wolf Schlossberg-Cohen, an individual ("Artist"). RECITALS: _)S-G WHEREAS, The Artist has created two acrylic a murals on canvas entitled"Joshua Tree National Park and Palm Springs and Cap Rock-Joshua Tree National Park" ("Artwork"). WHEREAS,the City's Public Arts Commission and Airport Commission have approved a temporary exhibition of the Artwork in the Palm Springs International Airport. The specific location where the Artwork will be exhibited is designated as the"Site"which is attached hereto as Exhibit"A" and incorporated herein by this reference. NOW, THEREFORE, the City and the Artist, under the conditions hereinafter set forth agree to placement of two murals for a period, as stated herein, subject to the following terms and conditions of this Agreement: 1. City Representative. The City's Arts Administrator,Ms. Diane Morgan, shall be the City's representative with respect to this Agreement: 2. Ownership. Except as provided in paragraphs 9 and 12 below,the Artist will remain at all times the owner of the Artwork. However,the Artist will relinquish possession of the Artwork to the City for the duration of the exhibition period described below in Section 8. 3. Compensation. Artist is loaning the Artwork to the City for an amount equal to the cost of paying for crating and shipping for delivery of the Artwork to the Site said amount not to exceed TWO THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($2,500.00)The City will also insure the Artwork while the Artwork is in the City's possession by adding it to the City's multi-peril property schedule. 4. Transportation and Installation. Artist shall be responsible for crating and transportation of.Artwork to the Site. City will install the Artwork at the Site. Mounting blocks and instructions for hanging will be shipped with the Artwork by the Artist prior to delivery. S. Care and Condition. The Artwork is loaned in good condition unless otherwise noted. Artwork shall be examined and photographed for condition upon receipt by the City. If the Artwork is damaged in transit, City shall have the right to refuse to accept possession and Artist shall pay for cost of return shipping. All reasonable efforts shall be made to maintain Artwork in the same condition as received. Should loss or damage or deterioration be noted, City will notify Artist. The Artwork shall not be repaired or altered in any way except with written permission of the Artist. 11ZV#14937vt _1_ 6. Copyright. Copyright in the Artwork shall remain with the Artist and the National Park Service. 7. Reproduction Rights. The Artist hereby grants to the City a non-exclusive license, to photograph, film and videotape the Artwork. The City has the right to reproduce and distribute in printed form, educational materials and brochures advertising or promoting the City or any other literature of the City, photographs,realistic renderings,videotapes or films of the Artwork as installed. No royalty shall be due and payable by the City to the Artist for such reproductions and use of the images of the Artwork for promotional purposes. Such reproductions and use of the images of the Artwork for publicity and promotion shall,to the extent reasonably possible and appropriate, give reference the Artist and credit to the Joshua Tree National Park,Park Stewardship for the Arts Program. The City's license is non-delegable, unless it first obtains the Artists prior written consent to delegate. 8. Exhibition Period. The Artist hereby consents to continuous display of the Artwork at the Site for a period of five (5)years, beginning no later than November 1, 2001, and ending on October 31, 2006. 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 Artwork's exhibition prior to expiration of the period described above. The City reserves the right to display the Artwork at a different location if deemed necessary. Artist and Joshua Tree National Park Stewardship for the Arts Program will be consulted regarding a change of location and the final decision on site selection shall be agreed upon by all parties. 9. Sale of Artwork. The Artwork may be sold with assignment of rights under this Agreement. However, sale of the Artwork does not terminate this Agreement and the new Owner is bound to the five(5)year term of the loan. The Artist shall notify the City immediately upon sale of the Artwork and/or assignment of rights under this Agreement. 10.Removal of Artwork. After the completion of the five (5)year term,Artist or owner, if other than the Artist, shall give 30-day written notice requesting removal of Artwork. Removal of Artwork shall be the responsibility of Artist or owner. All costs for removal including crating and transportation and insurance shall be the responsibility of Artist or owner. Beginning on the 30th day of the 30-day notice requesting removal of Artwork,the City shall no longer be responsible for insuring the Artwork. 11. Extension of Agreement. The term of this Agreement shall automatically be extended if Artist or owner does not request removal of the Artwork and Artwork shall remain with the City. 12. Option to Purchase. The City of Palm Springs has the option to purchase the Artwork for FORTY THOUSAND AND 00/100 DOLLARS ($40,000), payable in equal installments of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00)per year. The first payment shall be due on the date the option to purchase is exercised, and all other payments shall be made on the anniversary date of the first payment. The payments shall be made to an IIzv#14937 vl 2_ assigned account of Joshua Tree National Park Association. The City's option period shall end six(6) months from the date of installation. After that date the Artist shall have the right to sell the Artwork pursuant to paragraph 9 above. 13.Insurance. 13.1 The Artist shall procure and maintain fine arts insurance against damage and loss of the Artwork while in Artist's possession and during transit to the Site until the City examines the Artwork and agrees the condition is acceptable. 13.2 The City shall be responsible for insuring the Artwork in the amount of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) while the Artwork is in the City's possession by adding it to its multi-peril property schedule for all of the city's properties. Any payment received by City attributable to damage to the Artwork shall be paid to Artist or whomever is the owner of the Artwork at the time payment is received. 14.Indemnification. The parties hereby agree to indemnify and hold harmless each other and their 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 either of the parties, their agents, employees or contractors, or from the existence of the Artwork at 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 either party,their officers, agents or employees. 15. Conflict of Interest. No officer, representative or employee of the 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. The 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. 16. 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. Artist shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 17. 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 IRV#14937 A -3- 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. 18. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. 19. 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 reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the services of the other. 20. 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: To Artist: Jay Wolf Schlossberg-Cohen 330 W. 23rd Street 2nd Floor Baltimore,MD 21211 Phone: 410-235-4040 To City: City of Palm Springs Attn: Ms. Diane Morgan, Arts Administrator P.O. Box 2743 Palm Springs, CA 92263-2743 (760) 778-8408 office (760) 322-8325 FAX Copy to: Burke, Williams and Sorensen 18301 Von Karman Ave. Irvine, CA 92612 Attn: David J. Aleshire,Esq. 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. 21. 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. [SIGNATURES ON NEXT PAGE] IRV#14937 v] -4- IN WITNESS WI-IEREOF, the parties have entered into this Agreement as of the date first above written. Artist: Jay Wolf Schlossberg-Cohen 2Ib `Sb• 4$5,(o (Tax I.D. Number) (C ndivi pa hers 'p,_corporation) hec By � ignat �� 'T Ur')OtF N(�SSBERG--CCHt�U Print�IVame and Title ATTEST: CITY OF PALM SPRINGS_ q , a municipal corporation BY' � B G� City Cler cCD � �City Manager APPROVED AS TO FORM: v [END OF SIGNATURES] yea`"tip IRV 414937 vl E) I-HBIT"A" SITE 8 : - Highlighted ---- - . .♦ - , areas a� indicate the v-- IN -'--- two walls .vr L selected -- for the Joshua Tree a '� {. Mural '\ -.�, ,•: � /, \ panels • ; i h .x If 7: y�4� vraM�Nµ� � ' t� a A •W Ir W„�W:vi dv �M ' WL '_V -KMY Ai �Itv.� 4m rJ ' '..t1YVf'/:a.WW.d...Y..kASa•�ixynlyalY� uFa'nWwn,::..'Sau n•..N++'"dM•`4b'Ar_r.,1ya^�rlY:u4 " • �y� The image shown here is a sample of the artist's work. The new murals will have a similar look. _(_ r IRV#14937 vI