HomeMy WebLinkAboutA3738 - SUITT TRUST PUBLIC ART GRANT EASEMENTCONTRACT ABSTRACT
Contract
Company Name:
Company Contact:
Summary of Services:
I Contract Price:
Funding Source:
Contract Term:
Contract Administration
Lead Department:
Contract Administrator:
Nathan Otto and Gina Otto
Ronald de Klerk, Vice President of Operations`
Amendment to Agreement for Placement of Artwork on Private
Property and Grant of Easement
NIA
NIA
Amendment Agreement
Community & Economic Development (Public Art)
Jennifer Henning
Contract Approvals
City Council
Approval Date:
Minute Order/ Resolution Number:
Agreement No:
11 Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
November 8, 2413
A3738
Included
Included
Artwork will be added to City Insurance Policy
nla
Contract prepared by: Community & Economic Development Department
Submitted on: 02-18-14 By: Jennifer Henning
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
PACIFIC WEST CDC
AND WHEN RECORDED MAIL TO:
Pacific West CDC
Attn: Stacey Mural
25301 Cabot Road, Suite 214
Laguna Hills, CA 92653
With Conformed Copy to:
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
to
SPACE ABOVE FOR RECORDER'S USE ONLY
snail not apply
NVO
AMENDMENT TO AGREEMENT FOR PLACEMENT OF
ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT
810 North Farrell Drive, Palm Springs, CA 92262
APN 507.350-008-4
THIS AREA FOR
RECORDER'S
USE ONLY
AMENDMENT TO AGREEMENT FOR PLACEMENT OF
ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT
810 North Farrell Drive, Palm Springs, CA 92262
APN 507-350-008-4
This Amendment is made and entered into this November 8, 2013, by and
between Nathan Otto and Gina Otto (or an eligible passive concern that they may
create to hold title to the property), property owners, hereinafter designated "Owner,"
and the City of Palm Springs, hereinafter designated "City."
RECITALS
WHEREAS, Owner is or will soon become the owner of real property (the
"Property") located in the City of Palm Springs, commonly designated as 810 North
Farrell Drive, Palm Springs, CA 92262, APN 507-350-008-4, and more particularly
described in Exhibit 'A" attached hereto and made a part hereof by such reference; and
WHEREAS, Owner is subject to an Agreement for Placement of Artwork on
Private Property and Grant of Easement recorded on December 16, 1996 in the Official
Records of Riverside County, California as Instrument #96-473092 (the "Agreement").
WHEREAS, Owner acknowledges that it is subject to all the terms and conditions
provided in the Agreement entered into by the previous real property owner and the
City.
WHEREAS, Owner desires to obtain financing from Pacific West CDC, a
Certified Development Corporation operating with 504 license from the U.S. Small
Business Administration ("SBA"), an agency of the United States Government. Owner
will execute a promissory note and a deed of trust in favor of Pacific West CDC, which
will subsequently be assigned to the U.S. Small Business Administration, in anticipation
that the U.S. Small Business Administration will fund the loan to assist with the
permanent financing of the commercial real estate.
WHEREAS, it is a condition precedent to obtaining the above referenced
financing that the SBA be specifically excluded from and against any and all obligations
imposed on the Owner as set forth in the Agreement due to the Federal Anti -Deficiency
Act (USC Title 31, Subtitle 11, Chapter 13, Subchapter III, Section 1341 ("Act").
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1. EFFECT OF FEDERAL ANTI -DEFICIENCY ACT: The Agreement is amended to
specifically agree that in the event the U.S. Small Business Administration acquire
title to the Property in the enforcement of any of its rights pursuant to an agreement
between the Owner and SBA, the SBA shall not be obligated to perform, and shall
be completely relieved from, any obligation under the Agreement to the extent, and
only to the extent, that such performance would constitute a violation of the Act. The
U.S. Small Business Administration shall be deemed a third party beneficiary of this
Amendment. Nothing herein shall be deemed a waiver of any obligation of the
Owner or any successor of the Owner under the terms of the Agreement.
2. -Notwithstanding paragraph 1 above, all other terms and provisions of the Agreement
shall remain in full force and effect.
3. Counterparts. This Agreement may be executed in counterparts which, when taken
together, shall constitute one executed document as though all signatures appeared
on one copy.
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of
the date first written above.
APPROVED AS TO FORM:
By: -- �6'001z�'J
City mey
APPROVED BY CITY COUNCIL
l• 0• 0 L MP16
ATTEST:
Y.
City Clerk
APPROVED AS TO CONTENT:
City of Palm Springs
City Manager
Owner: Nathan Otto and Gina Otto
By:
By:
Lender: Pacific West CDC
By: "40L-
Bradley Davidson,
VP -Senior Credit Officer
NOTE: OWNER(S) SIGNATURE(S) MUST BE NOTARIZED FOR RECORDATION
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4173092 o
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RECEIVED FOR RECORD z �' � v
AT 2:00 O'CLOCK •
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N W — fD G
FREE RECORDING REQUESTED BY w E C
AND WHEN RECORDED MAIL TO: DEC 16 1996
rn J --Ic
CITY OF PALM SPRINGS A W.y Rom,, M
City Clerk
P.O. Box 2743
Palm Springs,CA 92263-2743
(For Kecoruers uac vuty, "-
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND
GRANT OF EASEMENT
This AGREEMENT FOR PLACEMENT OF ART OF PRIVATE PROPERTY AND
GRANT OF EASEMENT("Agreement") is entered into as of 12_ - (, 199_�_by
and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and
SuiTT FAA-W_ ( R-tSl , a FAM.t F
("Owner").
RECITALS:
A. The City is interested in encouraging placement of works of art on appropriate
private property which encourages public access and viewing.
B. Owner desires to commission a work of art and have such work of art placed on
its property in accordance with this Agreement and the City of Palm Springs Public Art
Ordinance as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code
("Public Art Ordinance").
NOW THEREFORE, to comply with the requirements of the Public Art Ordinance
for placement of art in lieu of fees, and for good and valuable consideration, the parties
hereto hereby agree as follows:
1. City Representative. The City of Palm Springs Public Ads Commission,
an agency of the City (the"Commission"),shall be the City's designated representative with
respect to this Agreement. Under the direction of the City Council, the Commission shall
have the authority to give approvals or consents required hereunder and to otherwise act on
behalf of the City for purposes of this Agreement.
2. Agreement to Commission Work of Art. Owner has commissioned a work
of art (the"Art") created by Michael Watling (the "Artist"). Owner is solely responsible
with respect to the contract entered into for the commissioning of the Art(the "Contract")
including responsibility for all payments to be made thereunder.
3. Duties of Owner. The Owner owns certain property (the "Property") generally
know as the Time-Warner Building and shown on Exhibit "A" attached hereto and
incorporated herein. The Owner has agreed to permanently locate the Art on a portion of the
Owner's property which portion is generally depicted and described as the Site on Exhi i
"A" (the "Site"). Owner shall provide for the installation of the An on the Site at its sole
cost and expense, including,without, limitation,constructing any improvements necessary
for displaying the Art.
4. Default.
(a) Cure Rights. In the event of any default or breach of any of the covenants
or conditions contained in this Agreement by Owner,City shall have all rights and remedies
permitted at law or in equity including, without limitation, the remedy of specific perfor-
mance. Additionally, in the event that Owner has not cured any default hereunder within
thirty (30) days after written notice Jfrom City of such default, City shall have the right to
cure such default and charge Owner with the cost thereof, including all costs incurred in
connection with enforcing this Agreement or in collecting such amounts from Owner.
FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
City Clerk
P.O. Box 2743
Palm Springs,CA 92263-2743
(For Recorders Use Only)
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND
GRANT OF EASEMENT
This AGREEMENT FOR PLACEMENT OF ART OF PRIVATE PROPERTY AND
GRANT OF EASEMENT("Agreement") is entered into as of 1-z, —(e" , 1994Lby
and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and
Su 7 rT /1„yi, A >l Tr&U 5 j , a
("Owner"). f
RECITALS:
A. The City is interested in encouraging placement of works of art on appropriate
private property which encourages public access and viewing.
B. Owner desires to commission a work of art and have such work of all placed on
its property in accordance with this Agreement and the City of Palm Springs Public Art
Ordinance as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code
("Public Art Ordinance").
NOW THEREFORE, to comply with the requirements of the Public Art Ordinance
for placement of art in lieu of fees, and for good and valuable consideration, the parties
hereto hereby agree as follows:
1. City Representative. The City of Palm Springs Public Arts Commission,
an agency of the City(the "Commission"), shall be the City's designated representative with
respect to this Agreement. Under the direction of the City Council, the Commission shall
have the authority to give approvals or consents required hereunder and to otherwise act on
behalf of the City for purposes of this Agreement.
2. Agreement to Commission Work of Art. Owner has commissioned a work
of art (the"Art") created by Michael Watling (the "Artist"). Owner is solely responsible
with respect to the contract entered into for the commissioning of the Art(the "Contract")
including responsibility for all payments to be made thereunder.
3. Duties of Owner. The Owner owns certain properly (the "Property") generally
know as the Time-Warner Building and shown on Exhibit "A" attached hereto and
incorporated herein. The Owner has agreed to permanently locate the Art on a portion of the
Owner's property which portion is generally depicted and described as the Site on Exhibit
"A" (the "Site"). Owner shall provide for the installation of the Art on the Site at its sole
cost and expense, including,without limitation, constructing any improvements necessary
for displaying the Art.
4. Default.
(a) Cure Rights. In the event of any default or breach of any of the covenants
or conditions contained in this Agreement by Owner,City shall have all rights and remedies
permitted at law or in equity including, without limitation, the remedy of specific perfor-
mance. Additionally, in the event that Owner has not cured any default hereunder within
thirty (30) days after written notice from City of such default, City shall have the right to
cure such default and charge Owner with the cost thereof, including all costs incurred in
connection with enforcing this Agreement or in collecting such amounts from Owner.
4
(b) Location and Removal of kAr . The Art shall not be removed from the Site without
the prior written approval of the Commission, which approval may be withheld in the
Commission's sole and absolute discretion. In addition to any other remedies provided herein,
in the event that the Art is destroyed,removed from the Site or improperly maintained by Owner,
the Commission may either require the Owner to (i)repay the art-in-lieu fee set forth in Section
7 below to City or(ii)replace the Art with substitute artwork of a comparable quality and value
as determined in the sole discretion of the Conunission.
5. Identification. The Art shall be identified by a plaque stating the Artist's name,the
title,the date the Art was completed and stating that the Art was funded through the City of Palm
Springs Public Arts Program. The plaque will be placed in an appropriate location near the
Art that facilitates viewing by the public.
6. Ownership. Upon the acceptance of the Art and payment therefor, the Art and all
rights thereto shall be conveyed by Artist to Owner. The Art shall remain the property of the
Owner,provided,however,that the Owner shall transfer ownership of the Art to any successor
in interest of the Site.
7. Refund of Purchase Price. The City shall reimburse the Owner, an amount equal to
the lesser of. (i) the actual amount paid by Owner to the Artist under the Contract; or(ii) SEVEN
THOUSAND DOLLARS ($7,000.00), the amount calculated as the percentage of the total
building valuation. The amount to be refunded shall not exceed the amount paid into the Public
Arts Fund by the Owner. The Owner's request for reimbursement shall be submitted only after
the Art is installed and approved by the Public Arts Commission. The request for reimburse-
ment shall be in writing and include (i)a copy of the permits set forth in Exhibit "B" attached
hereto ("Permits") clearly showing the art fee and (ii) a copy(s) of the invoice Exhibit "C"
attached hereto ("Invoice")paid to the Artist and related subcontractors if any.
8. Grant of Public Access Easement. Owner hereby grants and conveys to the City a
perpetual non-exclusive easement in gross over and across the Site for purposes of displaying
the Art and allowing the public access to the Site to view and enjoy the Art at reasonable times
and in a reasonable manner(the "Easement").
9. Maintenance. Owner shall provide all maintenance necessary as recommended by
the Artist with respect to the Art to preserve such Art in first class condition. Owner agrees to
maintain the access paths, landscaping and other improvements to the Site in first class
condition. Owner shall repair and/or replace any damage to the Art within fourteen (14)
calendar days of such damage being discovered. In the event any graffiti is discovered on the
Art,owner shall remove such graffiti on the day it is discovered. So long as the Art remains on
the Site,Owner shall keep,maintain,repair and replace the Art in a good,clean and first class
condition and of the highest quality. Materials used to restore,repair or replace any portion of
the Art shall be of equal or better quality than the original materials used in the Art. When
necessary, Owner shall consult the Artist or another competent artwork conservationist or
restoration specialist to determine the best methods of such restoration or repair. All such
maintenance,repair,replacement and restoration shall be at the sole cost of Owner. In addition
to all other remedies provided by law, in the event the owner fails to maintain the Art, upon
reasonable notice,the City may perform all necessary repairs,maintenance or secure insurance,
and charge the Owner for the costs therefor. In the event the Owner fails to reimburse the City
for the reasonable costs thereof after reasonable notice,the City may assess its costs against the
property and establish a lien to be collected in the same manner as nuisance abatement liens
pursuant to Section 11.72.265 of the Palm Springs Municpal Code.
10. Compliance with Law. Owner hereby agrees to comply with all applicable statutes,
ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and
municipal governments and appropriate departments, commissions,boards and offices thereof,
which may be applicable to the display of Art on the Site or to the use or manner of use of the
Site. Without in any way limiting the foregoing, Owner agrees to comply with The Visual
Artists Rights Act of 1990 (17 U.S.C. 101, et seq.).
11. Insurance . Owner shall procure and maintain,at its sole cost and expense,in a form and content
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,unless such requirements are waived by the Risk Manager of the City,during the entire
term of this Agreement and at all times while the Art is located on the Site, the following policies
ofinsurance:
(a) Comprehensive General Liability Insurance. A policy of comprehen-
sive general liability insurance together with a Broad Form CGL Endorsement and insuring
against contractually assumed liability which shall specifically insure Owner's indemnity
obligation under Section 12 below. The policy of insurance shall have a combined single
limit liability of One Million Dollars ($1,000,000.00).
(b) Workers'Compensation Insurance. A policy of Workers'Compensa-
tion 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 Owner 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 Owner in the
course of carrying out the obligations of this Agreement.
(c) Fine Arts Insurance. Owner shall procure and maintain fine arts
insurance on the Art an all-risk form with limits not less than SEVEN THOUSAND
DOLLARS ($7,000.00) and a deductible not to exceed ONE THOUSAND DOLLARS
($1,000.00) for each loss.The payment of any deductible amount shall be the responsibility
of Owner.
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, employees and agents and
their respective insurers. All such policies shall provide that such insurance may not be amended
or canceled without providing thirty (30) days written notice by registered mail to the City.
Cancellation clause shall read "SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE
CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT". In the event any of such policies are canceled,Owner shall,prior to the cancellation
date, submit new evidence of insurance in conformance with the requirements of this Section 11.
Owner shall provide the Commission with Certificates of Insurance evidencing the insurance
coverages and policies required hereunder. Owner agrees that the existence of any insurance shall
not limit or otherwise affect Owner's obligations under this Agreement.
In the event the Risk Manager of 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 Owner agrees that the minimum limits of the insurance policies required by this Section
11 may be changed accordingly upon receipt of written notice from the Risk Manager;provided that
the Owner shall have the right to appeal a determination of increased coverage by the Risk Manager
to the City Council of City within 10 days of receipt of notice from the Risk Manager.
12. Indemnification. Owner hereby agrees to indemnify, defend and hold harmless the City, its
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 Owner, its agents,
employees or contractors,or from the existence of the Art on 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 the City, its officers, agents,representatives or employees who are directly responsible to the
City.
13. Rights to Artwork. All copyrights to the Art shall be transferred to the Owner together with the Art.
Artist and Owner shall share copyright to the Art with the City in accordance with the terms and conditions
set forth in Exhibit "D" attached hereto ("Copyright Agreement").
14. Mortgagee Protection. No violation of this Agreement shall defeat or render invalid the lien
of any mortgage or deed of trust given in;good faith and for value. All of the covenants and conditions
contained herein shall be binding and effective against any party whose interest is derived through
foreclosure, trustee sale,deed in lieu of foreclosure or otherwise;provided,however,that any mortgagee
or beneficiary who takes title to the Site pursuant to foreclosure or deed in lieu of foreclosure or any
purchaser at a foreclosure or trustee sale shall take title free of any claims against Owner arising under
this Agreement which became due and payable prior to the date such mortgagee,beneficiary or purchaser
takes title hereto.
15. Successors and Assigns. The obligations of Owner under this Agreement shall be binding
on Owner's successors and assigns and shall burden the Site and shall run with the land and be binding
upon all successors and assigns acquiring any right, title and interest in and to the Site.
16. Attorneys'Fees. In the event that any action or proceeding is instituted for the interpretation
or enforcement of this Agreement,the prevailing party in such action or proceeding shall be entitled to
recover from the other party, all costs acid expenses related to such action or proceeding, including,
without limitation all attorneys' fees and expert witness fees, both at trial and on appeal.
17. Inte ration. This Agreement and other documents expressly incorporated herein by
reference contain the entire and exclusive understanding and agreement between the parties relating to
the matters contemplated hereby and all prior or contemporaneous negotiations,agreements,understand-
ings, representations and statements,oral or written, are merged herein and shall be of no further force
or effect.
18. Modifications. Any alteration, change or modification of or to this Agreement, in order to
become effective, shall be made by written instrument or endorsement thereon and in each such instance
executed on behalf of each party hereto.
19. Counterparts. This Agreement may be executed in counterparts which,when taken together,
shall constitute one executed document as though all signatures appeared on one copy.
IN WITNESS WHEREOF,the parties have entered into this Agreement as of the date first above written.
"OWNER"
a
� r
r �
By:
ATTEST: F PALM SP
/ municipal corpora
Citylerk City NTaifager
APPROVED AS TO FORM:
APPROVED BAY T[-BE 0TY C0k1 Cj;
By ,+,
g 37 W
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 1996,before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies),and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
(SEAL)
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 1996, before me,
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity (ies),and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
(SEAL)
EXHIBIT "A"
® ART DISPLAY SITE
The Site and the Easement Area COMPUTER WRY
M�R \ jG$pACEs !KI7iG 1 I f
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tr .._• � ! 1 ` 1!�.���1�1�I{d .1•-7,1 ---��....•'���..JI111FFF ` .
t� ,I G•� EMPLOYEES I— (
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EXHIBIT "A"
EXHIBIT "A"
THE-PROPERTY
►PERTY
Parcel 1 as shown on the Map entitled "Parcel Map No. 8779-1, a portion of the N.W.
1/4 of the S.E. 114 of Section 12,TAS., RAE., S.B.B. &M.", filed February 21, 1978 in
Parcel Map Book 46 Page 35 Records of Riverside County.
1HE.—SD AND?EASEMENT AREA
Being the North 97 feet of the West 133 feet of Parcel 1 as shown on the Map entitled
"Parcel Map No. 8779-1, a portion of the N.W. 1/4 of the S.B. 1/4 of Section 12, TAS.,
RAE., S.B.B. &M.", filed February 21, 1978 in Parcel Map Book 46 Page 35 Records
of Riverside County,
EXHIBIT "A"
EXHIBIT 11Brr
CITY OF PALM SPRINGS
BUILDING PERMIT
•F+uraea�F,
wIr Fws am ctt rvwarcat wte e 1 u r e to
MIWItn 04 20 94 r" I'm 6618 FIc 1600. 00 /alMnlgr 3 . t H x x
r aar.«
wan !M.
Tom Suitt 0431 S. Palm CYn, Palm Springs 323-9992
c..n.Mr MAIM
Orr Construction 77-570 5ar:LngLield, Palm Desert ��
m.au.r "' TM.r«A,.Muw4 700,000.00
James Cioffi 700 E. Tahguitz. halm Springs, Ca
�» lab• r.. see receipt
Hassan Zarene ad FM .tr"a.
Y «M e.xa.,e/ear.., IIuINM F.rwAl
+ + ALEJOPALMS 01110 FARRELL DRIVE ItORT I"'f" 3 ,469 .55 _
erle I" I.rert o.erynrrcy 0. .. .�'i � •nOw►
� M
IRR HIP 31 112 B 3 . 130 T.2 12625 "''101 1, 708.92
SolhoAo Ae '°^' ea. era. II.r /a•ne.r e.ae•T..
Ck1yitt Ied er la 1 nin 507-350-000 147 .00
"Rio "e ar•aM/Car►rY Yle/Freer trr.,.m,a
Fbdi.go 12625 0 0 "''"" 50.00 _
am Type F.ma1 Type ConM.Type Fort w or"" N.w a.w Cn ►,�,�
commercial 2 CML VM X )"''"" 60 . 00
.eaea,..ar rM
CanrN,�IM
Waffle-Crete, 2 story office/llareltouee 1 5. 050, 00
building. Includes trash enclosure, block oels..lnrn«..
walla, and common area items. 0.00
or,r...awll —
,r,mis 0.00
Sow"a.,ear.
r c.n.Mr+ 114121e 46.00
Dedication of right of way on Farrell Drive e.»ru»r
shall be completed prior to Issuance of 3e74e1 0.00
Certificate of occupancy. Fire sprinkler plan S, Fgre""M
shall be approved prior to installation. 'aA 0. 00
t..w.C•.w,.c@,n F»
ao low Comm oncovenurrcon3TIA.M«IunLUF WOW 13nr-Eclru oQJee1 17,914 .00
IMPORTANT oaa,ye Fee
16,298. 19
the Issoonev o1 this permit shelf not be hold to bs an apprcvsi of the violation of any provisions of any »as F.. —
tity or aounry,ordfnones of stele law. Iae4rw 6. 051.27
Inspoollorn of work are subleci to on epprwod set of pion%being on the lob. Charges to plant are not ea,e►"Fee
to be made wlfhoul parmltolon of ma Building and Solely Department. 0.00
The owner and/or contractor Is responsible for establishing an property Note.AN ulNllles must be nee.Fe.F"
underground. m 34 7,000.00 _
Mr.arq F.e
This perm11 will empire 11 work Is not started In 180 days or N more then 1e0 days simple@ betwoo'n Ilawo 050. 00
Inspeallons.
I"Ally that I am 1am1f1er with all is Item "I the�tlKU�Im Springs is they oprhv to Ihls 0.00
pormlf and urMerotand That Bleso re uhrm ON afbe mislotsd pdoi to Nnel Inspr +,n and lhot no
edr011callon of 000upanoy will be unlll I Ilan a ilhost requirements we matt -illy that 0. 00
I hew road this application tl to IJIe1,t1 nlor I�i true vat corrari.
70TALFEE 58, 644 .93 __
o
F Clbfi/AGE I�' � �— ISSiI µ--
this It a Building Permit when property fillad out,signed and 011114'"'1• ;"id Is rlbl UMtONsbls,
T 0 illMlt NUMB[R E 27125
EXHIBIT "B"
. i •
EXHIBIT "C"
ARTIST INVOICE
fV\r�TH .�EWATLIING COMPANY
wear
6"30 1'Inesmolu — it AV, Mountain C9n194 CA 91361 619,349-»93 bw
619.34"907 14K
OCl)MURR PROPOSAL
JPR049CZ WCATIONI Waruar Cable Building, Palm spring$, Ca,
ARVXST1 Miahaal Watling
ADDR192i bl Alpina village
CITTI Mountain Center, Ca. 92561
� T9tePNONm1 619-349-3292/aax 349-6302
TITLA OP ARTNORRI not yet titled,
NEDIUMV Copper-aled steel (3/4FY 91 ) and yellow brass.
03801lPWION at AATNQRX 1 The artwork is to duplicate the maquette as
olosply as po■siblo. The ertieb reaervee the right to make ohangee
in the piece for either praotiaal Or aesthetic necessities,
DIMIMOZONnl 14'H 61X O'tall
006ti 07000 Payable as follows)
491 ($2000) an agreamemt by all parties,
404 ($2000) when the %cork has been fabricated.
- 20% (01400) on installation and approval of the Work.
ONSCUPTION OF TOUNDATIONI sea engineering,
DATE OR INNTALUTION1 60 days after reaaipt of first payment,
3I294 Planter at N aide of mein entry.
LANOCAPm PLAllp1 None, It is assumed that any naoeesUT landscape
or irrigation alterations will be done by the owner or the tenant,
LIGHTING PLANDI None, The artist will consult on lighting placement
Tom puitt
"C"
ltuth.wat]inp B1T
` i !
EXHIBIT "D"
QDRY RIGHT-A GR EEMEN
This COPYRIGHT AGREEMENT ("Agreement") is entered into as of
, 199_ by and between the CITY OF PALM SPRINGS, a municipal
corporation ("City"),Michael Watling ("Artist") and
a ("Owner").
Owner has commissioned a work of art(the"Art")created by the Artist and more particularly
described in that certain Agreement for Placement of Art on Private Property and Grant of Easement
dated _, 1996, by and between the City and Owner ("City
Agreement"). Artist hereby acknowledges the City Agreement. Artist has delivered the completed
Art to Owner and Owner has accepted the Art.
Pursuant to the City Agreement,Artist has transferred all rights under applicable copyright
laws to the Art to Owner. Artist and Owner hereby agree to share copyright to the Art and hereby
transfer,convey and assign to the City the right to make reproductions,photographs and other two
and three-dimensional, less than full-scale,non-exact reproductions of the Art for both commercial
and non-commercial purposes.
The Artist warrants that the work is unique and a single edition,and that the Artist will not
execute or authorize another to execute another work of substantially the same design as the Artwork.
The covenants and warranties of the Artist shall be binding on the Artist's heirs and assigns.
Due to the nature of the Art and the Site on which it is to be place and the public interest of
the City,Artist and his/her agents,heirs,,successors and assigns hereby waive any and all rights they
may have under the California Art Preservation Act,as set forth in California Civil Code Section 987.
The Artist, his/her agents,heirs, successors and assigns also agree to attempt to defeat this waiver
by cooperating with any other person or organization which seeks to bring an action under California
Civil Code Section 989.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above
written.
"OWNER"
a
By:
Its:
"ARTIST"
Michael Watling
ATTEST: CITY OF PALM SPRINGS,
a municipal corporation
By:
City Clerk City Manager
APPROVED AS TO FORM:
Suitt Family Trust
Michael Watling, Artist
Copyright Agr
AGREEMENT #3738A
M05852, 11-20-96
COPYRIGHT AGREEMENT
This COPYRIGHT AGREEMENT ("Agreement") is entered into as of
E (o , 199� by and between the CITY OF PALM SPRINGS, a municipal
corporation ("City"),Michael Watling ("Artist") and 5 Tr I=%ttil t�t 7� P i.S i
a rF ij tit t(_q R-"S s ("Owner").
Owner has commissioned a work of art(the "Art")created by the Artist and more particularly
described in that certain Agreement for Placement of Art on Private Property and Grant of Easement
dated Dec G _, 1996, by and between the City and Owner ("City
Agreement"). Artist hereby acknowledges the City Agreement. Artist has delivered the completed
Art to Owner and Owner has accepted the Art.
Pursuant to the City Agreement,Artist has transferred all rights under applicable copyright
laws to the Art to Owner. Artist and Owner hereby agree to share copyright to the Art and hereby
transfer, convey and assign to the City the right to make reproductions,photographs and other two
and three-dimensional, less than full-scale,non-exact reproductions of the Art for both commercial
and non-commercial purposes.
The Artist warrants that the work is unique and a single edition, and that the Artist will not
execute or authorize another to execute another work of substantially the same design as the Artwork.
The covenants and warranties of the Artist shall be binding on the Artist's heirs and assigns.
Due to the nature of the Art and the Site on which it is to be place and the public interest of
the City,Artist and his/her agents,heirs, successors and assigns hereby waive any and all rights they
may have under the California Art Preservation Act,as set forth in California Civil Code Section 987.
The Artist, his/her agents, heirs, successors and assigns also agree to attempt to defeat this waiver
by cooperating with any other person or organization which seeks to bring an action under California
Civil Code Section 989.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above
written.
"OWNER"
a s �i-pfg
By: �� /.f L-
Its: G*G�LC-
"ARTIST"
Michael Wad in
ATTEST:
,�`� mu icipal corpor n
City Clerk City ager
;d"1tiJ4_,'u F37 Ird,F-FJ ClPI;IY'J'h slll.
APPROVED AS TO FORM: -20TPK
>�f 73s A
U7,oGBN AL BID)
Al?g IOR 6AC7PNE,N,`G'_`u,
CERTIFICATE OF INSURANCE
_ r
This certifies that ❑STATE FARM LAND CASUALTY COMPANY, Bloomington, Illinois!
STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois -
insures the following policyholder for the coverages indicated below: �i y
Name of policyholder SUITT, NOAH THOMAS JR. AND JACQUELINE HELEN
Address of policyholder P, 0. BOX 2290
PALM SPRINGS, CA 92263-2290
Location of operations
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date Expiration Date
❑ Comprehensive BODILY INJURY
---------------------------------- ----- General Liability----------- ......------------- ----------- ❑ Dual Limits for:
❑ Manufacturers and Each Occurrence $
Contractors Liability i ------------------ Aggregate $
----------------------- ------------- -------- -------------------- -------
❑ Owners, Landlords,
and Tenants Liabilit y PROPERTY DAMAGE
---------------`------------------ —
Each Occurrence $
This insurance includes: ❑ Products-Completed Operations Aggregate*
❑ Owners or Contractors Protective Liability BODILY INJURY AND
❑ Contractual Liability PROPERTY DAMAGE
❑ Professional Errors and Omissions ❑ Combined Single Limit for:
❑ Broad Form Property Damage Each Occurrence
❑ Broad Form Comprehensive General Liability Aggregate
POLICY PERIOD CONTRACTUAL LIABILITY LIMITS(if different from above)
POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date BODILY INJURY
Each Occurrence
77—UX-5032-1 G HOMEOWNERS 07/11/98 ! 07/11/99
LIAB
77—UY-5819-3 G UMBRELLA 09/25/98 09/25/99 PROPERTY DAMAGE
$3,000,000 LIAB Each Occurrence
Aggregate
EY.CESS LIABILITY BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
❑ Umbrella Each Occurrence $
❑ Other Aggregate $
Part1 STATUTORY
❑ Workers' Compensation Part 2 BODILY INJURY
and Employers Liability Each Accident $
Disease Each Employee $
Disease-Policy Limit $
Amra ale not"ioab II aw m,I.ontll«ds,aM inners umimy Insurnme axd000s
stroduml Flterollons,nevr mnshucilon,or tl moMlan.
THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OP INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS, OR
ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
Name and Address of Certificate Holder/r
Slgnalure of t1 xetl Rep un f
CITY CLERK, CITY OF PALM SPRINGS P. 0. Box 2743 Tn� Agent
Palm Springs, CA 92263-2743 September 14 1998
seta
Ap,nt'a CoG Shmp
51,5
F699110 Pm.5-91 NnIml In u.SA �%��4�6,
SEP-24-2001 MON 01 :20 PM OL S & W ATTI LE FAX N 760 5 105� P, 03
ol� sACORD EINDER z %too l
„ INSURANC
THIS R_
ATEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM,
PRODUCER '« FNONE (760)320-1111 COMPANY BINDERA
FAX (760)320-1115 Assurance Company Of America 801012500427
EFFECTIVE t PIRATIO
Garcia Insurance, Inc. DATE TI ,F DATE TIME
P,O, Box 2803 01/11/2001 1Z;01 AM 01/11/2002 X i?01 AM
Palm Springs, CA 92263 PM NOON
_ THIS BINDER IS ISSU EO I'D FXTCND COVE R AC F.IN TI IG AC OVE NAM Fri COMPAPIV
CODE' f SUB COpC: jJR,(jUCl1
PER EXPIRING POLICY II
JAFNCY , OOOD3242 DESCRIPTION OF OPERATIONSIVEHICLk"SIPROPERTV IIncluding Loea[Ionl
Suitt Family Trust, Naah T. Suitt 10 N. Farrell
H, Suitt as members of The Suitt alm Springs,CA 92262
P.O, Rox 2290
Paltq Sprinc7s_, CA 92263
COVERAGES LIMITS
TYPE OF INSURANCE COVERAGOFORMS DEDUCT15LF COINS% AMOUNT _
PROPERTY CAUSES OFLGF:> Building 1000 9 1,400,000
BASIC CjuROAu X SVr;C Business Personal Property .. ... _.. _ - �1000 90 10,000
CENBRAL LIABILITY EACH OCCURRENCE S 2,000,000
X COMMERCIAL GENERAL.LIABILITY FIRE DAMAGE coo file) $ 2,000,000
GLAIM:=MADE EX.] MED F.XP(AnYone porson) $ 10,000
PERSONAL N ADV INJURY $ 2,ODO,OOO
GRNERALAGCREGATE s 4,000,000
RETRO DATE FOR 4LNMS MADE PRODUCTS-COMPIOP AGG $ J 4,O00,000
AUTOMOBILE LIABILITY m— W COMBINED SINGLE LIMIT $
ANY AUTO BODILY INJURY(Per pe15ol1) 3
ALL OWNED AUTOS BODILY INJURY(Peraccldnnl) Y
I.CHCOULED AUTO$ PROPERTY DAMAGE $
HIRFUAU'fOG MEDIGALPAYMENTS
NON-OWNEL'+NITOG PERSONAL INJURY PROT $ w
UNINSURED MOTORIST $
4
AUTO PHYSICAL DAMAGE OF.PUCTIBLE , ALL VCI IICLES H SCHEDULED VEHICLES ACTUAL CAGH VALUE
COLLII,ION STATFDAMCUNT M 5
OTNCR THAN COL �A OTHER
GARAGE LIABILITYT AUTO ONLY-EA ACCIDENT S
jL11YA,UTG OTHER THAN AUi'O ONLY.
_ EACH ACCIDENT $ _
u AGGREGATE S _
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA R)RM AGGREGATE $
OTHCR THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE. SELF-INSURED RETENTION 9
��• WC SI ATUTORY LIMITS
WORKER'S CCMPEN`ATION EL EACI I ACCIULNT S
AND E L.DISEASE.EA EMPLCYFF S
EMPLOYCR'S LIABILITY —
EL.DISEASE-POLICY JIMI S
FEES $
SPECIAL
C ONUI TI ON51 TAXES $
OTHER
COVERAGES ESMMATEDIUTALPRFMIUM $
NAME&ADORESS
c/o Insured MORTGAGEE ADDITIONAL INSURED
Loss PAVFE
LOAN N
AUT OR17E REPRESEN INE
ACORD 75�S(1I99) NOTE:IMPORTANT STATE IN OR ION ON RE RSE SIDE (�AGORD CORPORATION 1993
----- , � CERTIFICATE OF INSURANCE
This certifjes that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
N ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
insures the following policyholder for the coverages indicated below:
_._.....-Name of policyholder SUITT, THOMAS AND JACQUELINE
68315 MARACAIBO CIRCLE Address of policyholder
�'.
PALM SPRINGS, CA 92264-0216
Location of operations
Description of operations
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described In these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims.
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date Expiration Date at beginning of policy period)
Comprehensive BODILY INJURY AND
Business Liability PROPERTY DAMAGE
This insurance includes: ❑ products-Completed Operations
- — -
Contractual-Liabifity—
❑ Underground Hazard Coverage Each Occurrence $
❑ Personal Injury
❑Advertising Injury General Aggregate $
❑ Explosion Hazard Coverage Products-Completed
❑ Collapse Hazard Coverage Operations Aggregate $
❑ General Aggregate Limit applies to each project
El
EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
Effective Date Ex iration Date (Combined Single Limit)
❑ Umbrella Each Occurrence $
❑ Other Aggregate
$
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability Each Accident $
Disease Each Employee $
Disease-Policy Limit $
POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY
Effective Date Ex iration Date at beginning of policyperiod)
77-UX-5032-1 HOMEOWNER 06/11/Ol 06/11/02 $ 100, 000
77-UY-5819-3 UMBRELLA 09/25/01 1 09/25/02 $ 3 , 000, 000
If any of the described policies are canceled before its
expiration date, State Farm will try to mail a written notice to
the certificate holder days before cancellation. If,
however, we fail to mail such notice, no obligation or liability
will be imposed on State Farm or its agents or
representatives.
Name and Address of Certificate Holder
CITY OF PALM SPRINGS
P . 0 . BOX 2743 7gnatur ` ut rized epres nta ve
PALM SPRINGS, CA 92263-2743
Title
558-994 a 2-90 Printed in US A 0
Date
NOTICE OF CANCELLATION, NONRENEWAL OR DECLINATION A 3 -73�
(California)
NAME AND . OHIO SECURITY INSURANCE COMPANY
ADDRESS 1615 Murray Canyon Rd
OF INSURANCE Ste 300
COMPANY San Diego CA 92108
NAME AND . NATHAN OTTO AND GINA OTTO
ADDRESS 810 N Farrell Dr
OF INSURED
Palm Springs, CA 92262
KIND OF POLICY:
Package Policy
POLICYIAPPLICATIOWBINDER NO.: BKS (22) 57563822
EFFECTIVE DATE OF NOTICE:
11/21/2022 12:01 AM
(DATE) (HOUR -STANDARD TIRE AT THE ADDRESS OF THE INSURED)
DATE OF MAILING: 9/1612022
NAME AND ADDRESS OF AGENTBROKER:
AMWINS ACCESS INSURANCE SERVICES, LLC
443 Crown Point Cir Ste A
Grass Valley CA 95945
(Specific information concerning the cancellation, nonrenewal
or declination has been given to the Insured.)
TO MORTGAGEE:
Effective 11/21/2022 at 12:01 AM (Standard Time), we hereby cancel, nonrenew or decline the
Mortgagee Agreement which is made part of the above mentioned policy and also the above mentioned policy issued to the insured named above covering
and made payable to you as mortgagee (or trustee), in the event of loss.
NAME AND CITY OF PALM SPRINGS,
ADDRESS OF 3200 E TAHQUITZ CANYON WAY, ATTN CITY MANAGER
MORTGAGEE
PALM SPRINGS, CA 92262
(E)GU 351q (Ed. 6-20) Wolters Kluwer I Uniform Forms
02020 Wolters Kluwer Financial Services. Inc. All rights reserved. MORTGAGEE'S COPY Page 1 of 1
NOTICE OF CANCELLATION, NONRENEWAL OR DECLINATION
(California)
NAME AND . OHIO SECURITY INSURANCE COMPANY
ADDRESS 1615 Murray Canyon Rd
OF INSURANCE Ste 300
COMPANY San Diego CA 92108
NAME AND . NATHAN OTTO AND GINA OTTO
ADDRESS 810 N Farrell Dr
OF INSURED
Palm Springs, CA 92262
KIND OF POLICY:
Package Policy
POLICY/APPLICATIONBINDER NO.: BKS (22) 57563822
EFFECTIVE DATE OF NOTICE:
11/21/2022 12:01 AM
(DATE) (HOUR -STANDARD TIME AT THE ADDRESS OF THE MIRED)
DATE OF MAILING: 9/1612022
NAME AND ADDRESS OF AGENTIBROKER:
AMWINS ACCESS INSURANCE SERVICES, LLC
443 Crown Point Cir Ste A
Grass Valley CA 95945
(Specific information concerning the cancellation, nonrenewal
or declination has been given to the Insured.)
TO MORTGAGEE:
Effective 1121/2022 at 12:01 AM (Standard Time), we hereby cancel, nomenew or decline the
Mortgagee Agreement which is made part of the above mentioned policy and also the above mentioned policy issued to the insured named above covering
at
and made payable to you as mortgagee (or trustee), in the event of loss.
AUTHORIZED REPRESENTATIVE
NAME AND CITY OF PALM SPRINGS,
ADDRESS OF 3200 E TAHQUITZ CANYON WAY, ATTN CITY MANAGER
MORTGAGEE
PALM SPRINGS, CA 92262
(E)GU 351q (Ed. 6-20) Wolters Kiuwer I Uniform Forms
02020 Wolters Kluwer Financial Services, Inc. All rights reserved. MORTGAGEE'S COPY Page 1 of 1
CITY MANAGER
CITY OF PALM SPRINGS
CITY OF PALM SPRINGS,
3200 E TAHQUITZ CANYON WAY, ATTN CITY M.
PALM SPRINGS, CA 92262
Page for #10 Window Envelope