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HomeMy WebLinkAbout03583 - DESERT MUSEUM FASHION PLAZA MICHAEL TODD SCULPTURE LEASE MO5635 File Edit Generate Levers Transactions' Reports Malncenance Quit I -- � � , -- — — -- — — GBn.Lullurs LTtl,p$ptrtipgp R¢poRL Mamlenance Flnlp Exit Program , f i'...I,.w.w:i:,—:.;._ 1 ING'Air,�rN,JnS�i,�URZyeS`,'r'„ •+^GIIIiC,;I;.*.SC'.lr.l.._.._nnnrar, �'�'.rMwM^w'�7P . __ M i`JMtr,^nrA^'w'+r't1^i^le 'SNWII�II }�Np�Yr•,,(;.�Yprrr,nrn,l,.,.•.,y,rll x6,,rv`.1,11I•J`it vn wvr 1 41; ,e+r, "'a',. r IW.+w1 1,liI1N�} } I;✓�IJ w+W,�l `en;r,YY✓•ynd.q,hv�f°nkdq ' u'N9NMbl'Su'.dll'+n•IN'rn•rr �` ,,,,r .asl rlvn" ;'A,r'rkvrw Yin `i;.y Tf: ,+�i1d.`y,.il.�'(ht" "7AN�4ik.4�. K�1d%AF'y�.q .1q.VfhkMN.rarw'.,Yo."N�'v1�„�j1'Lry.M•IdM5 e41a�1.M,. ,VI^r .�s .wir `lnY 4,,,, ar .v "..p. 1N'vy;7k'�/19fMWf� Mr'rkR*F �,1lgMyy, , re' ,n,,,� � 9.tTy��l't�'tY��F_.1�i�._ �a!`'. ^. r. _ _ _ � _—_ v,�. _`l^,;d.•�j`H"'!M1""'i'1�'�'M(7Nl+irkJN"dt ��a � ���if .:._.. hha°fit Do&nment ri: A3643 (3roup: COMMUNITY&ECCNCMIC-• W Active ' - - It, r zari p^r, ,.• i Document 77 Description; PuNvArt Sculptuio Lcase, I � Finan rjats °i:h1 r� ., V'Apprmnl Date: 09P.OM 995 Expire.Date: 09A]1l2005 Closed Dale:I 1 owed: 000 '"v.'� ••yiA,✓r, ,r r,w, C¢mparryr:IDesullffluselAill XRef.'1COMMUNITY&ECONOMIC DEVeLC paid; 000 •rF Y contact: Insurance Deprttnent Ph; C760)325-7106 1 11 p.r,..ry.IM rq i -� r I Bnl: `�D.00 . ' v v, I Address: Pro Doz 22BB, I _ I III 1r N Addrus52: _ .__ :M Jq••+r m City. p_alm_swjiogs St: CA 'Zip: 922G3 C ry1 . rA. ¢Mail' nut( Fax: O •- - �� Semce:Fril. Insurance Stains: JA policy has Expired, I Document Tracki ng Items (Ddl click heading,to Sorg ..a e:rd,„ri *,W4 .4 Nts , rrklrig Dle Code 11etn Duegg Completed, Amt Added AmtP - 'irnld:N' 'W�kn,lgr,, ,.,,,.v.y„•.y'. J Aw"Irtwi�t yy o •-, hAu�t*rr�N11 �.�.Ma.u. ,. ✓u , — �xl� .L.� ,If_� I.. .._ ....�� _ ,r�.rrJJ•v.+ra�•q� Y.U:v•e. ,, r `• — all.-.A++1-1L+r „, k , .r,V,q a elex Tr c^c' Praetoua 'Inauranre CancclIntry Add Trxloplllem Doi irking ttam Ok �I�LIL�+i•ye'"n �:,y,.h"�ra1-::Y t,'.�_,�a;� �NY97�• r,l" '.N.:I luw.n,r«�nw.I�.�. �tL�.+,a.tl.r.� r ly.ivlr< ,. .. a Pp _.��.., tar•ar`�.aWe.�.,.t' tartlJU � I In6v '�I'H.IU Micr �ti'• I: ci_ 1r� '� 9;24AM •l�.i 5 Coe i,-�,�,.t-a-l�t;� vJ�.S � �pl�:e-w�-wi v� -F Ir.e. �i w�rL) 11 � �� CPj1/V_Il'C�-'� yrX 01A Desert Museum Sculpture Lease 1 • • Daimaru XII Desert Fashion Plaza AGREEMENT #3583 M05635, 9-20-95 OUTGOING LOAN AGREEMENT ........................ PALM SPRINGS DESERT MUSEUM 101 MUSEUM DRIVE,P.O. BOX 2288 PALM SPRINGS, CALIFORNIA 92263 phone: 619/325-7186 fax: 619/327-5069 LOAN REQUESTED BY:. INSTITUTION Public Arts Commission/City of Palm Springs ADDRESS Post Off-ice Box 2743 Palm Spring CA 92263 CONTACT PERSON Diane Morgan Arts Administrator TELEPHONE 6191778-8408 PLACE OF EXHIBITION Desert Fashion Sculpture Garden DATES OF EXHIBITION September 1995 through September 2000 with review and possible selection of new sculpture for subsequent five years FULL LOAN PERIOD September 1995 through September 2005 CONTRIBUTION $,20 000--an amount equivalent to City required permit fees for the Museum's Steve Chase Art Wing and Education Center Expansion The sponsorship of the Public Arts Commission City of Palm Springs will be acknowledged on the label deseribine the sculpture and on the Mrm wont donor wall of the new Steve Chase Art Wing. WORK OF ART REQUESTED: ACCESSION NUMBER DM 32-91 NAME OF ARTIST Michael Todd TITLE OF WORK Daimant XII DATE 1986 MEDIUM steel DIMENSIONS 144 x 144 x:36 inches CREDIT LINE Collecfion of Palm Springs Desed Museum gift of Kathryn IA>i Tald and Mia Chan Tald INSURANCE VALUE $80.000, (value in U.S.dollars) INSURER Palm Springs Desert Museum (A Certificate of Insurance will be supplied) Pagel This "Agreement is entered into as of �e6mlf&,C .Z.Z , 1995 by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and PALM SPRINGS DESERT MUSEUM, a California non-profit corporation ("PSDM"). NOW, THEREFORE, in consideration of$20,000 paid herewith by City, the receipt and adequacy of which is hereby acknowledged, PSDM agrees to loan a sculpture for a period, as stated herein, subject to the following terms and conditions of this Agreement: 1. City Representative. The City of Palm Springs Public Arts Commission, an agency of the City of Palm Springs, (the "Commission") shall be the City's designated representative with respect to this Agreement, unless such designation shall be withdrawn by the City Council. The Commis- sion shall have the authority to give any approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Care and Condition. Each object is loaned in good condition unless otherwise noted. Each object should be examined for condition upon receipt. Each object shall at all times be given special care to insure it against loss, damage or deterioration. Should loss or damage or deterioration be noted, the Palm Springs Desert Museum is to be notified immediately and in detail. It is understood that objects covered by this loan agreement shall remain in the condition in which they are received. They shall not be cleaned,repaired,retouched removed from frame, or altered in any way except with written permission of the Palm Springs Desert Museum. 3. Packing and Transport. All transportation costs for sending objects to borrower and for returning them to the Palm Springs Deserl Museum are to be defrayed by the Palm Springs Desert Museum. 4. Expenses. All delivery, maintenance, insurance,repair, replacement and restoration shall be at the sole cost of the Palm Springs Dessert Museum. 5. Insurance. PSDM 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: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure PSDM's obligations under Section 9 below. The policy shall have a combined single limit liability of ONE MILLION DOLLARS ($1,000,000.00) (b) Workers' Compensation Insurance. A policy of workers' 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 PSDM 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 PSDM in the course of carrying out the obligations of this Agreement. (c) Fine Arts Insurance. PSDM shall procure and maintain fine arts insurance on the Artwork on all risk form with limits not less than EIGHTY THOUSAND DOLLARS ($80,000) 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 PSDM. All of the above policies of insurance shall be primary insurance and shall name the City, it officers, employees and agents as additional insureds. All of such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. PSDM shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. In the event any of such Page 2 X u • • policies are canceled,prior to the cancellation date, PSDM shall submit new evidence of insurance in conformance with the requirements of this Section 5. 6. Publicity and Photography. The Public Arts Commission/City of Palm Springs shall be permitted to make two-dimensional reproductions of the piece for non-commercial, publicity pur- poses only. Any such use shall be reviewed and approved by the PSDM prior to release to assure that the reproduction meets the Museum's presentation standards. The Registrar, Palm Springs Desert Museum, shall be contacted for information concerning rights and reproduction of object listed on page one of this agreement. 7. Credit. During the term of this agreement,all formal references to the Artwork shall include the following credit line: "Collection of Palm Springs Desert Museum, gift of Kathryn Doi Todd and Mia Chan Todd; placed by City of Palm Springs Public Arts Commission." 8. Grant of Easement. Desert Fashion Plaza shall grant an easement to the City and Palm Springs Desert Museum for the placement of the Sculpture on that portion of the Desert Fashion Plaza property shown on Exhibit "A" to loan agreement, which easement shall be in the form of Exhibit "B" attached hereto and incorporated herein (the "Easement") Desert Fashion Plaza shall comply with the covenants and conditions contained in the Easement. The Easement shall be granted, delivered and recorded in the Official Records of Riverside County, California concurrently with the delivery of the Loan Agreement. 9. Indemnification. PSDM hereby agrees to indemnify 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 PSDM, its agents, employees or contractors,or from the existence of the Artwork at the loan agreement 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 or employees who are directly respon- sible to the City. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. PALM SPRINGS DESERT MUSEUM a California non-profit corporation Its: !x �u�i✓� �/ ra e ATTEST: VCitanager JPINGS, CALIFORNIA BY- C't Clerk REVIEWED AND APPROVED AS TO FORM: ,kag o `— Page 3 ¢ F 5Y W63- d Sig. ��s� _ TO 4 _ Y .�'�� `• Z r. i i TO LOAN AGREEMENT STATE OF CALIFORNIA ) ss. COUNTY OF ) /2 IVE�K51 F� On N `Y 1995,before me, � =� ���• ���� � Personally appeared -, personally known to me(or proved to me on the basis of satisfactory evidence) to be the person( . whose name) Ware subscribed to the within instrument and acknowledge to me that jie/she/they executed the same inAis/her/their authorized capacity(iesj, and that by.lristher/their-signature�o on the instrument the person.(s)", or the entity upon behalf of which the person(•&),acted,executed the instrument. WITNESS my hand and official ,seal. (SEAL) DORIS M.NICHO IS COMM.#1047196 a; z ` .`�'; " • Notary Publlc—Callfomla 5: RIVERSIDE COUNTY r My Comm.Expires MAR 6,1999 3. r STATE OF CALIFORNIA ) ) ss. CO T� ) l On to -/�/-�?6, , 195,before finee Ctai416.Z, Mkv+dmb � 41'y- c Personally appeared . 77 d personally known to me to be the person(V whose namis azubscribe to the within instrument and acknowledge to me that he/sh�t1�e executed the same in his/he /their uthorized capacit le , and that by his/he their ignaturq9 on the instrument the persongb or the entity upon behalf of which the personeaeted,executed the instrument. WITNESS my hand and official seal. 17 (SEAL) -.l+�D EIAINE L WEDEKIND l Comm.#1048857 _ Notary Public—Calitomla RIVERSIDE COUNTY My Comm.Expires FEB 3,1999 !C 0.Ik; II �R#�� � DATE IMM/DD/YY! P 05/14/96 '. PRODUCER Weingarten & Hough THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P .O. Box 1866 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Springs, CA 92263 COMPANIES AFFORDING COVERAGE (619) 325-2526 COMPANY A USF&G Insurance Company INSURED COMPANY Palm Springs Desert Museum B P.O. Box 2288 COMPANY C / d Palm Springs CA 92262 COMPANY ( ) _ D CO;(jEFIAGE$.,,,,,,,... ... .., . . . . THIS IS TO CERTIFY THAT 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DDA'Y) A GENERAL LIABILITY GENERAL AGGREGATE $2 , 0 0 0, 000 X COMMERCIAL GENERAL LIABILITY 1MP301139124-00 06/15/95 06/15/96 PRODUCTS-COMP/OP AGG $2 , 000, 000 CLAIMS MADE OCCUR PERSONAL&ADV INJURY $1, 000 , 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000 , 000 FIRE DAMAGE(Any one fire) $ 50 , 000 VIED EXP(Any one person) $ 5 , 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT 5 ALL OWNED AUTOS BODILYINn) $ SCHEDULED AUTOS (Per person) HIRED AUTOS BO I $ NON-OWNED AUTOS (Perr ac accident)dent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM / / / / AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOVERS'LIABILITY EACH-ACCIDENT- - $---THE PROPRIETOR/ INCL DISEASE�POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is listed as an additional insured as respects their interest in Statue located at Desert Fashion Plaza, Sculpture Court Museum Dr, Palm Sprincrs, CA. Endorsement has been re uested from the company G71ICATr N�rLpq G�1NIJ41MU11'r:' .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL fP1RXRRXT,Pxil'M`& Palm Springs Art Commission 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P .O. Box 2743 a�r>Traxot px�mwlax bKracua>�pa��oxo�xawmcx a>txmuaxsv Palm Springs, Ca 92263 xxxsrmx xx�€xseaxsexlahxxaa€arxiq�xn �xcax. AUTHORIZED REP I S TATIVE ACGIp�SaS' I531 .AGRIiCi':Gi7f1Pi34iA1CtN ts5:3' ' J ISSUE DATKMM/DD/YY) a1D111M. CERTIFIC I E OF INSURANCE 06/11/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Garcia Insurance CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CER DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDE 2099 E. TAHQUITZ CYN POLICIES BELOW. COMPANIES AFFORDING COVERAGE Palm Springs CA 92262 _ COMPANY A 0468126 LETTER COMPANY B / C INSURED LETTER ) PALM SPRINGS DESERT MUSEUM COMPANY LETTER P.O. BOX 2288 COMPANY D INSUR,' C ANY OF THE WEST LETTER PALM SPRINGS CA 92263 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV FORT INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO M'POLICY EFFECTI tPOLICY EXPIRATI N LT TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD ) OATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILI FY PRODUCTS-COMP/OP AG $ CLAIMS MADE]OCCUR PERSONAL&ADV INJURY $ OWNER'S&CONTRACTER'S PF OT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire $ MED EXPENSE(Any one p Mon) AUTOMOBILE LIABILITY COMBINEDSINGLE $ LIMIT ANY AUTO ALLOWNEDAUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIREDAUTOS BODILYINJURY $ -- (Per accident) NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FOR VYUKKER's CaNIPENSAT10i! - - - __- _ STATUTORY LIMITS D AND WSDO792952-04 01/01/96 01/01/97 EACHACCIDENT $ 1., 000,000 DISEASE-POLICY LIMIT $ 1,000,000 EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE$ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS ISSUED AS EVIDENCE OF INSURANCE. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATIONkEXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO CITY OF PALM SPRINGS EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL P.S. PUBLIC ARTS COMMITTEE MAI*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED PO BOX 2743 LEFT' mini Omni TNF 7C]MPAAIY ITC AC:FNTR ClR RFPRFSFN PALM SPRINGS CA 92263 AUTHORIZED REPRESENTATIVE IYM_PP 99 nM GARCIA INSURANCE, INC. JO . A, GWVAi✓ ACORD 25-S(7/90) ©ACORD CORPORATION 1 7/,