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HomeMy WebLinkAbout04349 - VANTAGE ART GROUP LLC XO SCULPTURE 9ALLA4 Sp City of Palm Springs Office of the City Clerk (760) 323-8205 cILIFO%ty, MEMORANDUM Date: To: From: City Clerk AGREEMENT# Please let us know the status of the above agreement, and if it may be closed. STATUS: COMPLETED: REMAIN OPEN UNTIL:*De & Initials CLOSE AGR 4aturo Zoe r( h"o Vantage Art Group, LLC • %0 Sculpture AGP.EEMENT #4349 M06816, 3-7-01 AGREEMENT FOR TEMPORARY PUBLIC EXHIBITION OF SCULPTURE THIS AGREEMENT is entered into this 7th day of March, 2001 by and between the CITY OF PALM SPRINGS, a municipal corporation("City"), Vantage Art Group,LLC dba Elizabeth Edwards Fine Art ("Gallery"), and Bret Price ("Artist"). RECITALS: WHEREAS, The Artist has created a sculpture entitled"XO" ("Sculpture"). WHEREAS,the Artist has authorized the Gallery to act as agent representing the Artist as shown by the Consignment Agreement which is attached hereto as Exhibit"A" and incorporated herein by this reference. WHEREAS,the City's Public Arts Commission, Planning Commission and Convention Center have approved a temporary exhibition of the Sculpture in a public place on Avenida Caballeros in the City. The specific location where the Sculpture will be exhibited is designated as the "Site"which is attached hereto as Exhibit`B" and incorporated herein by this reference. NOW,THEREFORE,the City and the Gallery,under the conditions hereinafter set forth agree to placement of a sculpture for a period, as stated herein, subject to the following terms and conditions of this Agreement: 1. City Representative. The City Manager or his designee shall be the City's designated representative with respect to this Agreement. 2. Gallery Representative. Michael E. Gudelauski shall be the Gallery's designated representative with respect to this Agreement. 3. Ownership. Except as provided in Section 5 below,the Artist will remain at all times the owner of the Sculpture. 4. Compensation. All costs shall be the responsibility of the Gallery for any part of this Agreement. All aspects of this Agreement shall be at no cost to the City. 5. Sale of Sculpture. The Sculpture may be sold with assignment of rights under this Agreement. However, Artist and Gallery agree that any sale is subject to completion of the term of this Agreement. 6. Reproduction Rights. The Gallery and the Artist hereby grant to the City the right to photograph, firm and videotape the Sculpture at any time during the exhibition period described below. The Gallery and the Artist also grant the City a right in perpetuity to use such reproductions for any purposes, commercial or otherwise, provided that the City gives artistic credit to the Artist. OC 49773 v2 _l_ 7. Exhibition Period. The Gallery and the Artist hereby consent to continuous display of the Sculpture at the Site of a period of one (1)year,beginning on March 12, 2001, and ending on March 11, 2002. The Gallery and the Artist acknowledge that such consent is given freely and knowingly, and that no attempt will be made by the Gallery or the Artist to remove the work prior to the expiration of this period without the written consent of the City. However,the City reserves the right to decline or terminate the Sculpture's exhibition prior to expiration of the period described above. The City may approve the substitution of a different sculpture by Artist during the term of the Exhibition Period. 8. Transportation, Installation,Maintenance and Removal. The Gallery or its authorized agents will be responsible for all transportation, installation,repair, insurance and removal of the Sculpture. The Gallery shall also pay any costs associated with substituting a different sculpture. On or about March 12, 2001, the Gallery will deliver the Sculpture to the Site. The Gallery shall make all appropriate arrangements for crating and transporting the Sculpture to the Site. The Gallery shall pay any crating and transportation costs. The Gallery shall construct or have constructed, at is sole cost and obligation, a cement slab on which the Sculpture will be placed pursuant to the"Site Preparation Plans" attached hereto as Exhibit"C". During the term of the Agreement, the Gallery shall be responsible for the maintenance of the Sculpture. The Sculpture shall be maintained in an appropriate condition to be deemed as a quality work of art temporarily made part of the City's Public Art Collection. Should the piece need upkeep or repair,the City will notify the Gallery immediately of the need for maintenance and the Gallery shall have ten (10) days to undertake the maintenance. If Gallery fails to complete the maintenance in ten(10) days, City may undertake to complete the maintenance and Gallery shall be responsible for repayment of any City costs incurred to perform such maintenance. On or about March 11, 2002, or at such earlier date as the City shall decide at its sole discretion, the Gallery shall remove the Sculpture and return the Site to its original condition within fourteen days of Sculpture removal, as it was prior to installation of the Sculpture. This includes removal of the cement slab on which the Sculpture was placed. Gallery shall have fourteen(14)days to remove and restore the site to its original condition. 9. Insurance. The Gallery shall procure and maintain, in a form 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, during the entire term of this Agreement, the following policies of insurance: (9.1) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement insuring against contractually assumed liability which shall specifically insure the Gallery's obligation under Section 8 below. The policy shall have a combined single limit liability of ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). OC 99773 V2 _2_ (9.2) Workers' Compensation Insurance. A policy of 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 the Gallery 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 the Gallery in the course of carrying out the obligations of this Agreement. (9.3) Fine Arts Insurance. The Gallery shall procure and maintain fine arts insurance against damage and loss of the Artwork during transit and during the entire time period designated by this Agreement on all risk form with limits not less than ONE HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS ($130,000.00), which the parties agree is the replacement value of the Sculpture, and a deductible not to exceed ONE THOUSAND and 00/100 DOLLARS($1,000.00) for each loss. The payment of any deductible amount shall be the responsibility of the Gallery. (9.4) 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 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, 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 notice by registered mail to the City. The cancellation clause shall read"SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAME TO THE LEFT". In the event any of said policies of insurance are canceled, the Gallery 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 the Gallery has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the 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. OC 99773 v2 _3_ It is expressly agreed that due to changes in law and conditions prevailing in the insurance market, the need may arise to change insurance coverage during the life of this Agreement. In the event the City Risk Manager determines that the Work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Gallery agrees that the minimum limits of the insurance policies required by this Section may be changed Gallery shall have the right to appeal a determination of increased coverage by the City Risk Manager to the City Council of City within ten(10) days of receipt of notice from the City Risk Manager. 10. Indemnification. The Gallery shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property(including property owned by the City) and for errors and omissions committed by Contractor, its officers, anyone directly or indirectly employed by Gallery, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Gallery's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence, or willful misconduct, or that of its officers or employees. Further,the Gallery shall defend, indemnify and hold harmless the City from any action, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and fees arising out of or relating to its approval of this Agreement and/or the existence of the Sculpture on the City's property. 11. 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 Gallery 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. 12. Covenant Against Discrimination. Gallery 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. Gallery 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. 13. Inteeratiom 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. OC 49773 v2 -4- 14. California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Gallery and Artist covenant and agree to submit to the personal jurisdiction of such court in the event of such action. 15. Licenses. Permits and Fees. Gallery shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Except as specified below, Gallery shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Gallery's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes, penalties or interest levied, assessed or imposed against City hereunder. 16. 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 parry shall be responsible for the services of the other. 17. 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: To Gallery: Elizabeth Edwards Fine Art 73-920 El Pasco Drive Palm Desert, CA 92260 Phone 760 776-8823 FAX 760 776-8824 To Commission: City of Palm Springs Public Arts Commission P.O. Box 2743 Palm Springs, CA 92263-2743 Attn: Ms. Diane Morgan (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. OC 99773 JL -5- 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. 18. 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. 19. Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring parry in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten(10) days of service of such notice and completes the cure of such default within forty-five(45) days after service of the notice, provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured,provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7. 20. Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Gallery requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Gallery. 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. 21. Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties 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. 22. Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity,to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 23. Attorneys' Fees. If any party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 24. Severability. In the event that anyone or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or OC#9773 d2 -6- sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 25. Authori . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. Gallery: Vantage Art Group, LLC, dba Elizabeth Edwards Fine Art ci7-7,.5,l y (Tax I.D. Number) (Check One: _individual,_partnership,_4�orporation) r By' Signature E. C�rs;✓,'c��.s,C--r Ica Print Name and Title Ar'ti�s't: '� / B/ %%ram T&6;j� � Print Name and Title ATTEST: CITY OF PALM SPRINGS a municipal corporation City Clerk City Manager 's APPROVED AS TO FORM:&;W End of Signatures OC H9773 v2 MAR, 01 ' O1 (THU) 16 36 ]OHN CAMP BELL IN6 949 497 9830 PAGE 1/1 ACORA CERTIFIC OF LIABILITY INSURr ID Jc DATE IMMInn YYI -VAN 03 OS/Ol PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE John L. Campbell Ins. Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 4497 ALTEP THE COVERAGE AFFORDED BY THE POLICIES BELOW, Laguna Beach CA 92652 Phone: 949-494-1008 Sax:949-497-9830 INSURERS AFFORDING COVERAGE INSURED INSURBRA: Zurich Insurance Services INSURER 0: Vantanqy Art Grou ..-. _.....__ __._._____....__� Mia{yy6�a1 Gu elaugp i INSURER C: __�_... ....__ 73926 -74M ill Pea•c D —._.�-.;..._.,._,"._.._, .. Palm Desert CA M60 INSURER s-- a '; °' `,r✓ -- _ INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REgUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RREPACT 10 WHICH THIS CERTIPICATO MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL INS TERMS,EXCLUSIONS AND CONDITIONS OP SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN RpDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER •..._._.-._,.._._ I Y I LIMITS GENERAL LIABILITY EACH OCCURRENCE 11000000 � X, HOP AIMS MAOEEr1IOCCUR PPS 037248615 12/15/DO 12/15/OS MEERBONA(Any ov ir+runY(1 $1 A _ RAL _ 000000, L 4 OOgO 000000 GENERAL AGGREGATE 12000DOO GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $2000000' X I POLICY J G LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /1000000 A _ I ANY AUTO IEe ecelAmO ALL OWNED AUTOS BODILY INJURY-J SCHEDULED AUTOS PPS 37248615 12/15/00 12/15/01 IPerper nn) 1 $ HIRED AUTOS 10DILY NJURY rn ` $ NON-OWNEDAUTOS IF.ecclVenll 1 ....., ..__ _ __. PROPERTY DAMAGE ' IPq Aceltlenll E GABASE LIABILITY AUTO ONLY•EA ACCIDENT I ANY AUTO OTHER THAN ,EA ACC $ �.,..,.,. ALTO ONLY: AGO I EXCESS LIABILITY BACH OCCURRENCE 1 OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE ..._. $ RETENTION 1 $ WORKERS COMPENSATION AND Go ITS C EMPLOY ERT LIAPILITY - EL,BACHACCIDENT F R.L.DISEASE•OA EMPLOYEE 1 _ E.L.DISEASE•POLICY LIMIT I OTHER A jBOP PPS 037248615 12/15/00 12/15/01 PROPERTY 10000 Fine Arta 150,000 DESCRIPTION OF OPERATIoNEILOCATIONSNEHICLESIBXCLUE(ONS AODFB BY ENDORSEMRNTJAPECIAL PROVISION$ Axt Gallery CERTIFICATE HOLDER Y ADDITIONAL INJURED;INSURER LETTERI CANCELLATION CITYOFP SHOULD ANY OF THE ABOVE DESCRIBED P041CIEB SE CANCNLLED$EFORO THE City of Palm Springs EXPIRATION PAID THEREOF,THE ISSUING INSURER WILLSAARA4ARO MAIL PUbliDiane Arta Commission 30 DAYS WRITTEN NOTICE T07HP CERTIFICATE HOLDER NAMED TO THE P. O. Box 2743 Morgan LEFT,Btl &aa BJ I.LIM 170-DGCIGATIBH DR-WA"tTIT'OP P. . Palm 6pringa CA 92263-2743 uR GRHIEPRE l'G- d i 17D4 z A K-11 TFIA. A o ACORD 75-9(1197) " ACORD CORPORATION 1068 pI LIZA 1 aCORQ. CERTIFIC OF LIABILITY INSLJ NCB OF ID J DATE3/04/02(MMIDO/YY) 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE John L. Campbell Ins. Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 4497 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Beach CA 92652 Phone, 949-494-1008 Fax:949-497-9830 INSURERS AFFORDING COVERAGE- INSURED INSURER Zurich Insurance Services INSURER _ Elizabeth Edwards Fine Arts Bonnie Boisits INSURER c 1590 S. Coast Hwy. 4 INSURER Laguna Beach CA 926 1 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 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 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EF ECTIVE -POLICY-EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY GATE MM/00/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY PPS36370931 05/19/01 05/19/02 FIRE DAMAGE(Any one fire) $ 1000000 CLAIMS MADE ®OCCUR MED EXP(Any one person) S10000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2000000 POLICY F7 PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO (Ea accdent) $ 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS PPS36370931 05/19/01 05/19/02 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE S (Per a=dent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ADD $ AUTOONLV. AGG S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ I$ WORKERS COMPENSATION AND TCRY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ EL DISEASE-EA EMPLOYE $ EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LCCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: VANTAGE ART GROUP 73920 EL PASEO DR. PALM DESERT, CA 92260, COVERAGE NOW UNDER THE ABOVE LISTED POLICY INFORMATION. CERTIFICATE HOLDER N I ADDITIONAL INSURED,INSURER LETTER: CANCELLATION OFFIC E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PATRICIA A. SANDERS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN OFFICE OF THE CITY CLERK NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF PALM SPRINGS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 REPRESENTATI S 1 AUTHORIZEDRE ESENTATIV ,+' John L. C-TITCholl In A eIc ACORD 25-S(7/97) ©ACORD CORPORATION 1988